Texas 2017 - 85th Regular

Texas House Bill HB4301 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4301
	1	+	By: Isaac (Senate Sponsor - Campbell) H.B. No. 4301
	2	+	(In the Senate - Received from the House May 19, 2017;
	3	+	May 19, 2017, read first time and referred to Committee on
	4	+	Administration; May 23, 2017, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 23, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
	10	+	AN ACT
4	11		relating to the creation of the Driftwood Conservation District;
5	12		granting a limited power of eminent domain; providing authority to
6	13		issue bonds; providing authority to impose assessments, fees, and
7	14		taxes.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	17		Code, is amended by adding Chapter 7982 to read as follows:
11	18		CHAPTER 7982. DRIFTWOOD CONSERVATION DISTRICT
12	19		SUBCHAPTER A. GENERAL PROVISIONS
13	20		Sec. 7982.001. DEFINITIONS. In this chapter:
14	21		(1) "Board" means the district's board of directors.
15	22		(2) "Commission" means the Texas Commission on
16	23		Environmental Quality.
17	24		(3) "Director" means a board member.
18	25		(4) "District" means the Driftwood Conservation
19	26		District.
20	27		Sec. 7982.002. NATURE OF DISTRICT. The district is a
21	28		municipal utility district created under Section 59, Article XVI,
22	29		Texas Constitution.
23	30		Sec. 7982.003. CONFIRMATION AND DIRECTORS' ELECTION
24	31		REQUIRED. The temporary directors shall hold an election to
25	32		confirm the creation of the district and to elect five permanent
26	33		directors as provided by Section 49.102, Water Code.
27	34		Sec. 7982.004. CONSENT OF MUNICIPALITY REQUIRED. The
28	35		temporary directors may not hold an election under Section 7982.003
29	36		until each municipality in whose corporate limits or
30	37		extraterritorial jurisdiction the district is located has
31	38		consented by ordinance or resolution to the creation of the
32	39		district and to the inclusion of land in the district.
33	40		Sec. 7982.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
34	41		The district is created to serve a public purpose and benefit.
35	42		(b) The district is created to accomplish the purposes of:
36	43		(1) a municipal utility district as provided by
37	44		general law and Section 59, Article XVI, Texas Constitution; and
38	45		(2) Section 52, Article III, Texas Constitution, that
39	46		relate to the construction, acquisition, improvement, operation,
40	47		or maintenance of macadamized, graveled, or paved roads, or
41	48		improvements, including storm drainage, in aid of those roads.
42	49		Sec. 7982.006. INITIAL DISTRICT TERRITORY. (a) The
43	50		district is initially composed of the territory described by
44	51		Section 2 of the Act enacting this chapter.
45	52		(b) The boundaries and field notes contained in Section 2 of
46	53		the Act enacting this chapter form a closure. A mistake made in the
47	54		field notes or in copying the field notes in the legislative process
48	55		does not affect the district's:
49	56		(1) organization, existence, or validity;
50	57		(2) right to issue any type of bond for the purposes
51	58		for which the district is created or to pay the principal of and
52	59		interest on a bond;
53	60		(3) right to impose a tax; or
54	61		(4) legality or operation.
55	62		Sec. 7982.007. APPLICABILITY OF OTHER LAW. Chapter 257,
56	63		Transportation Code, and other general laws applicable to road
57	64		districts created under Section 52, Article III, Texas
58	65		Constitution, apply to the district.
59	66		SUBCHAPTER B. BOARD OF DIRECTORS
60	67		Sec. 7982.051. GOVERNING BODY; TERMS. (a) The district is
61	68		governed by a board of five elected directors.
62	69		(b) Except as provided by Section 7982.052, directors serve
63	70		staggered four-year terms.
64	71		Sec. 7982.052. TEMPORARY DIRECTORS. (a) On or after the
65	72		effective date of the Act enacting this chapter, the owner or owners
66	73		of a majority of the assessed value of the real property in the
67	74		district may submit a petition to the commission requesting that
68	75		the commission appoint as temporary directors the five persons
69	76		named in the petition. The commission shall appoint as temporary
70	77		directors the five persons named in the petition.
71	78		(b) Temporary directors serve until the earlier of:
72	79		(1) the date permanent directors are elected under
73	80		Section 7982.003; or
74	81		(2) the fourth anniversary of the effective date of
75	82		the Act enacting this chapter.
76	83		(c) If permanent directors have not been elected under
77	84		Section 7982.003 and the terms of the temporary directors have
78	85		expired, successor temporary directors shall be appointed or
79	86		reappointed as provided by Subsection (d) to serve terms that
80	87		expire on the earlier of:
81	88		(1) the date permanent directors are elected under
82	89		Section 7982.003; or
83	90		(2) the fourth anniversary of the date of the
84	91		appointment or reappointment.
85	92		(d) If Subsection (c) applies, the owner or owners of a
86	93		majority of the assessed value of the real property in the district
87	94		may submit a petition to the commission requesting that the
88	95		commission appoint as successor temporary directors the five
89	96		persons named in the petition. The commission shall appoint as
90	97		successor temporary directors the five persons named in the
91	98		petition.
92	99		SUBCHAPTER C. POWERS AND DUTIES
93	100		Sec. 7982.101. GENERAL POWERS AND DUTIES. The district has
94	101		the powers and duties necessary to accomplish the purposes for
95	102		which the district is created.
96	103		Sec. 7982.102. MUNICIPAL UTILITY DISTRICT POWERS AND
97	104		DUTIES. The district has the powers and duties provided by the
98	105		general law of this state, including Chapters 49 and 54, Water Code,
99	106		applicable to municipal utility districts created under Section 59,
100	107		Article XVI, Texas Constitution.
101	108		Sec. 7982.103. AUTHORITY FOR ROAD PROJECTS. Under Section
102	109		52, Article III, Texas Constitution, the district may design,
103	110		acquire, construct, finance, issue bonds for, improve, operate,
104	111		maintain, and convey to this state, a county, or a municipality for
105	112		operation and maintenance macadamized, graveled, or paved roads, or
106	113		improvements, including storm drainage, in aid of those roads.
107	114		Sec. 7982.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
108	115		project must meet all applicable construction standards, zoning and
109	116		subdivision requirements, and regulations of each municipality in
110	117		whose corporate limits or extraterritorial jurisdiction the road
111	118		project is located.
112	119		(b) If a road project is not located in the corporate limits
113	120		or extraterritorial jurisdiction of a municipality, the road
114	121		project must meet all applicable construction standards,
115	122		subdivision requirements, and regulations of each county in which
116	123		the road project is located.
117	124		(c) If the state will maintain and operate the road, the
118	125		Texas Transportation Commission must approve the plans and
119	126		specifications of the road project.
120	127		Sec. 7982.105. IMPROVEMENT PROJECTS. (a) The district may
121	128		provide or finance, or contract with a governmental or private
122	129		person to provide or finance, the following types of projects or
123	130		activities in support of or incidental to one of the projects:
124	131		(1) an improvement project that is a public
125	132		improvement, facility, or service that may be provided by a
126	133		municipal utility district or a municipal management district,
127	134		including:
128	135		(A) water, wastewater, reclamation, drainage,
129	136		road, trail, or bridge improvement;
130	137		(B) utilization and reuse of treated effluent in
131	138		landscape and other features, including temporary holding
132	139		features;
133	140		(C) transportation of treated effluent for
134	141		reuse; and
135	142		(D) injection of treated stormwater runoff or
136	143		stormwater collected from roofs into aquifers as storage or to
137	144		recharge the aquifer; and
138	145		(2) the purchase and maintenance of conservation land
139	146		for endangered species, including the cost of:
140	147		(A) any permits relating to endangered species or
141	148		the maintenance of the land; and
142	149		(B) purchasing land or easements for
143	150		conservation mitigation.
144	151		(b) The district may inject stormwater as authorized by
145	152		Subsection (a)(1)(D) without the consent, concurrence, or
146	153		authorization of a groundwater conservation district, but only if
147	154		the injection is authorized by a commission rule or permit under
148	155		Chapter 27, Water Code.
149	156		(c) To finance an improvement project under Subsection
150	157		(a)(1), the district may, in the manner authorized by:
151	158		(1) Chapter 375, Local Government Code, or Chapter 54,
152	159		Water Code, use funds derived from:
153	160		(A) ad valorem taxes;
154	161		(B) sales and use taxes from a strategic
155	162		partnership agreement authorized by Section 7982.109;
156	163		(C) assessments imposed under Section 7982.201;
157	164		(D) revenue from an improvement project;
158	165		(E) impact fees; or
159	166		(F) any other source; and
160	167		(2) Sections 375.201 through 375.205, Local
161	168		Government Code, enter into obligations, including:
162	169		(A) lease purchase agreements;
163	170		(B) certificates of participation in lease
164	171		purchase agreements;
165	172		(C) general obligation bonds and notes and
166	173		revenue bonds and notes;
167	174		(D) combination general obligation and revenue
168	175		bonds and notes; and
169	176		(E) other interest-bearing obligations.
170	177		(d) Sections 375.161 through 375.163, Local Government
171	178		Code, do not apply to an assessment imposed by the district.
172	179		Sec. 7982.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
173	180		OR RESOLUTION. The district shall comply with all applicable
174	181		requirements of any ordinance or resolution that is adopted under
175	182		Section 54.016 or 54.0165, Water Code, and that consents to the
176	183		creation of the district or to the inclusion of land in the
177	184		district.
178	185		Sec. 7982.107. LIMITATION ON GROUNDWATER USE. In providing
179	186		water services to users in the district, the district may not,
180	187		except in emergency situations:
181	188		(1) develop groundwater on land owned by the district
182	189		for use as a potable water source; or
183	190		(2) purchase or lease the rights to groundwater
184	191		underlying land inside the district for use as a potable water
185	192		source.
186	193		Sec. 7982.108. DIVISION OF DISTRICT. (a) The district may
187	194		be divided into two or more new districts only if the district:
188	195		(1) has no outstanding bonded debt; and
189	196		(2) is not imposing ad valorem taxes.
190	197		(b) This chapter applies to any new district created by the
191	198		division of the district, and a new district has all the powers and
192	199		duties of the district.
193	200		(c) Any new district created by the division of the district
194	201		may not, at the time the new district is created, contain any land
195	202		outside the area described by Section 2 of the Act enacting this
196	203		chapter.
197	204		(d) The board, on its own motion or on receipt of a petition
198	205		signed by the owner or owners of a majority of the assessed value of
199	206		the real property in the district, may adopt an order dividing the
200	207		district.
201	208		(e) The board may adopt an order dividing the district
202	209		before or after the date the board holds an election under Section
203	210		7982.003 to confirm the creation of the district.
204	211		(f) An order dividing the district shall:
205	212		(1) name each new district;
206	213		(2) include the metes and bounds description of the
207	214		territory of each new district;
208	215		(3) appoint temporary directors for each new district;
209	216		and
210	217		(4) provide for the division of assets and liabilities
211	218		between or among the new districts.
212	219		(g) On or before the 30th day after the date of adoption of
213	220		an order dividing the district, the district shall file the order
214	221		with the commission and record the order in the real property
215	222		records of each county in which the district is located.
216	223		(h) Any new district created by the division of the district
217	224		shall hold a confirmation and directors' election as required by
218	225		Section 7982.003.
219	226		(i) Any new district created by the division of the district
220	227		must hold an election as required by this chapter to obtain voter
221	228		approval before the district may impose a maintenance tax or issue
222	229		bonds payable wholly or partly from ad valorem taxes.
223	230		Sec. 7982.109. STRATEGIC PARTNERSHIP AGREEMENT. The
224	231		district may negotiate and enter into a written strategic
225	232		partnership agreement with a municipality under Section 43.0751,
226	233		Local Government Code.
227	234		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
228	235		Sec. 7982.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
229	236		district may issue, without an election, bonds and other
230	237		obligations secured by:
231	238		(1) revenue other than ad valorem taxes; or
232	239		(2) contract payments described by Section 7982.153.
233	240		(b) The district must hold an election in the manner
234	241		provided by Chapters 49 and 54, Water Code, to obtain voter approval
235	242		before the district may impose an ad valorem tax or issue bonds
236	243		payable from ad valorem taxes.
237	244		(c) The district may not issue bonds payable from ad valorem
238	245		taxes to finance a road project unless the issuance is approved by a
239	246		vote of a two-thirds majority of the district voters voting at an
240	247		election held for that purpose.
241	248		Sec. 7982.152. OPERATION AND MAINTENANCE TAX. (a) If
242	249		authorized at an election held under Section 7982.151, the district
243	250		may impose an operation and maintenance tax on taxable property in
244	251		the district in accordance with Section 49.107, Water Code.
245	252		(b) The board shall determine the tax rate. The rate may not
246	253		exceed the rate approved at the election.
247	254		Sec. 7982.153. CONTRACT TAXES. (a) In accordance with
248	255		Section 49.108, Water Code, the district may impose a tax other than
249	256		an operation and maintenance tax and use the revenue derived from
250	257		the tax to make payments under a contract after the provisions of
251	258		the contract have been approved by a majority of the district voters
252	259		voting at an election held for that purpose.
253	260		(b) A contract approved by the district voters may contain a
254	261		provision stating that the contract may be modified or amended by
255	262		the board without further voter approval.
256	263		SUBCHAPTER E. ASSESSMENTS; APPLICABILITY OF IMPACT FEES AND
257	264		ASSESSMENTS
258	265		Sec. 7982.201. PETITION REQUIRED FOR FINANCING
259	266		RECREATIONAL FACILITY OR IMPROVEMENT BY ASSESSMENT. (a) The
260	267		district may finance a recreational facility or improvement,
261	268		including an improvement project under Section 7982.105, with
262	269		assessments on residential or commercial property or both
263	270		residential and commercial property under this subchapter, but only
264	271		if:
265	272		(1) a written petition requesting that facility or
266	273		improvement has been filed with the board; and
267	274		(2) the district holds a hearing on the proposed
268	275		assessments.
269	276		(b) The petition must be signed by the owners of a majority
270	277		of the assessed value of real property in the district subject to
271	278		assessment according to the most recent certified tax appraisal
272	279		roll for the county.
273	280		Sec. 7982.202. METHOD OF NOTICE FOR HEARING. The district
274	281		shall mail notice of the hearing to each property owner in the
275	282		district who will be subject to the assessment at the current
276	283		address to be assessed as reflected on the tax rolls. The district
277	284		may mail the notice by certified or first class United States mail.
278	285		The board shall determine the method of notice.
279	286		Sec. 7982.203. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An
280	287		assessment or a reassessment imposed under this subchapter by the
281	288		district, penalties and interest on an assessment or reassessment,
282	289		an expense of collection, and reasonable attorney's fees incurred
283	290		by the district:
284	291		(1) are a first and prior lien against the property
285	292		assessed;
286	293		(2) are superior to any other lien or claim other than
287	294		a lien or claim for county, school district, or municipal ad valorem
288	295		taxes; and
289	296		(3) are the personal liability of and a charge against
290	297		the owners of the property even if the owners are not named in the
291	298		assessment proceedings.
292	299		(b) The lien is effective from the date of the board's
293	300		resolution imposing the assessment until the date the assessment is
294	301		paid. The board may enforce the lien in the same manner that the
295	302		board may enforce an ad valorem tax lien against real property.
296	303		(c) The board may make a correction to or deletion from the
297	304		assessment roll that does not increase the amount of assessment of
298	305		any parcel of land without providing notice and holding a hearing in
299	306		the manner required for additional assessments.
300	307		Sec. 7982.204. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
301	308		ASSESSMENTS. The district may not impose an impact fee or
302	309		assessment on the property, including the equipment,
303	310		rights-of-way, facilities, or improvements, of:
304	311		(1) an electric utility or a power generation company
305	312		as defined by Section 31.002, Utilities Code;
306	313		(2) a gas utility as defined by Section 101.003 or
307	314		121.001, Utilities Code;
308	315		(3) a telecommunications provider as defined by
309	316		Section 51.002, Utilities Code; or
310	317		(4) a person who provides to the public cable
311	318		television or advanced telecommunications services.
312	319		SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
313	320		Sec. 7982.251. AUTHORITY TO ISSUE BONDS AND OTHER
314	321		OBLIGATIONS. The district may issue bonds or other obligations
315	322		payable wholly or partly from ad valorem taxes, impact fees,
316	323		revenue, contract payments, grants, or other district money, or any
317	324		combination of those sources, to pay for any authorized district
318	325		purpose.
319	326		Sec. 7982.252. TAXES FOR BONDS. At the time the district
320	327		issues bonds payable wholly or partly from ad valorem taxes, the
321	328		board shall provide for the annual imposition of a continuing
322	329		direct ad valorem tax, without limit as to rate or amount, while all
323	330		or part of the bonds are outstanding as required and in the manner
324	331		provided by Sections 54.601 and 54.602, Water Code.
325	332		Sec. 7982.253. BONDS FOR ROAD PROJECTS. At the time of
326	333		issuance, the total principal amount of bonds or other obligations
327	334		issued or incurred to finance road projects and payable from ad
328	335		valorem taxes may not exceed one-fourth of the assessed value of the
329	336		real property in the district.
330	337		SUBCHAPTER G. DEFINED AREAS
331	338		Sec. 7982.301. AUTHORITY TO ESTABLISH DEFINED AREAS OR
332	339		DESIGNATED PROPERTY. The district may define areas or designate
333	340		certain property of the district to pay for improvements,
334	341		facilities, or services that primarily benefit that area or
335	342		property and do not generally and directly benefit the district as a
336	343		whole.
337	344		Sec. 7982.302. PROCEDURE FOR ELECTION. (a) Before the
338	345		district may impose an ad valorem tax or issue bonds payable from ad
339	346		valorem taxes of the defined area or designated property, the board
340	347		shall hold an election in the defined area or in the designated
341	348		property only.
342	349		(b) The board may submit the issues to the voters on the same
343	350		ballot to be used in another election.
344	351		Sec. 7982.303. DECLARING RESULT AND ISSUING ORDER. (a) If
345	352		a majority of the voters voting at the election approve the
346	353		proposition or propositions, the board shall declare the results
347	354		and, by order, shall establish the defined area and describe it by
348	355		metes and bounds or designate the specific property.
349	356		(b) A court may not review the board's order except on the
350	357		ground of fraud, palpable error, or arbitrary and confiscatory
351	358		abuse of discretion.
352	359		Sec. 7982.304. TAXES FOR SERVICES, IMPROVEMENTS, AND
353	360		FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
354	361		approval and adoption of the order described by Section 7982.303,
355	362		the district may apply separately, differently, equitably, and
356	363		specifically its taxing power and lien authority to the defined
357	364		area or designated property to provide money to construct,
358	365		administer, maintain, and operate services, improvements, and
359	366		facilities that primarily benefit the defined area or designated
360	367		property.
361	368		Sec. 7982.305. ISSUANCE OF BONDS FOR DEFINED AREA OR
362	369		DESIGNATED PROPERTY. After the order under Section 7982.303 is
363	370		adopted, the district may issue bonds to provide for any land,
364	371		improvements, facilities, plants, equipment, and appliances for
365	372		the defined area or designated property.
366	373		SECTION 2. The Driftwood Conservation District initially
367	374		includes all the territory contained in the following area:
368	375		Tract I
369	376		FIELDNOTE DESCRIPTION of a 394.112 acre tract out of the
370	377		Freelove Woody Survey No. 23, Hays County, Texas, being a portion
371	378		of that 700.03 acre tract conveyed to John Richard Rutherford by
372	379		deed recorded in Volume 1214, Page 548 of the Deed Records of Hays
373	380		County, Texas; the said 394.112 acre tract is more particularly
374	381		described by metes and bounds as follows:
375	382		BEGINNING at a calculated point for the most westerly corner
376	383		of the said 700.03 acre tract, being on the southerly line of that
377	384		100 acre tract conveyed to Masa Scott Roberts by deed recorded in
378	385		Volume 301, Page 865 of the said Deed Records, and a point in the
379	386		northerly right-of-way line of State Highway FM 967 (80.00'
380	387		right-of-way), from which a TxDOT concrete highway monument found
381	388		bears N41 10'07"Q, 85.92 feet;
382	389		THENCE, leaving the northerly right-of-way line of State
383	390		Highway FM 967, with the common line between the said 700.03 acre
384	391		tract and the said 100 acre tract, for the following two (2)
385	392		courses:
386	393		1. N88 43'28"E at .25 feed pass a 1/2" iron rod found,
387	394		for a total distance of 2005.48 feet to a 60d nail found in a fence
388	395		corner post for the southeast corner of the said 100 acre tract;
389	396		2. N00 59'15"W, 515.50 feet to a 5/8" iron rod found
390	397		stamped "Kent McMillon, Land Surveyor, RPLS 4341", for a northwest
391	398		corner of the said 700.03 acre tract, being on a westerly line of
392	399		the remainder of that 535.13 acre tract conveyed to Michael Giles
393	400		Rutherford, Jr., John Richard Rutherford and Sally Anne Rutherford
394	401		by deed recorded in Volume 1214, Page 531 of the said Deed Records,
395	402		from which a 1/2 " iron rod found for the northeast corner of the
396	403		said 100 acre tract bears N00 59'15"W, 523.55 feet;
397	404		THENCE, N89 02'23"E, leaving the easterly line of the said
398	405		100 acre tract, across the said 535.13 acre tract, with northerly
399	406		line of the said 700.03 acre tract, 5479.22 feet to a 1/2 " iron rod
400	407		set with plastic cap for the northeast corner of the herein
401	408		described tract, being in the westerly line of the remainder of that
402	409		652.60 acre tract also conveyed to Michael Giles Rutherford, Jr.,
403	410		John Richard Rutherford and Sally Anne Rutherford by deed recorded
404	411		in Volume 1214, Page 531 of the said Deed Records;
405	412		THENCE, leaving the said remainder of the 535. 13 acre tract
406	413		and the 652.60 acre tract, across the said 700.03 acre tract for the
407	414		following three (3) courses:
408	415		1) S00 15'40 E, 514.97 feet to a 1/2" iron rod set with
409	416		plastic cap;
410	417		2) S89 02'23"W, 15.17 feet to a fence comer post found;
411	418		3) S00°27'04"E, 1260. 14 feet to a metal fence corner
412	419		post found for an ell corner in the southerly line of the said
413	420		700.03 acre tract, being on the remainder of that certain tract,
414	421		described as First Tract, conveyed to Michael Giles Rutherford by
415	422		deed recorded in Volume 197, Page 45 of the said Deed Records, from
416	423		which a 5/8" iron rod found with aluminum cap stamped "Kent
417	424		McMillan, Land Surveyor, RPLS 4341" bears N87 l'36"E, 1675.22 feet;
418	425		THENCE, S0l°00'52"E, across the said Michael Giles Rutherford
419	426		First Tract, with an easterly line of the said 700.03 acre tract,
420	427		17.61 feet to a 5/8" iron rod found with aluminum cap stamped "Kent
421	428		McMillan, Land Surveyor, RPLS 4341" for the most easterly,
422	429		southeast comer of the herein described tract, from which a fence
423	430		corner post found for the most southerly, southeast corner of the
424	431		aforesaid 700.03 acre tract, being an ell comer of the said Michael
425	432		Giles Rutherford tract and the northeast corner of that certain
426	433		26.25 acre tract conveyed to Denton E. Ragland, Patrice Ragland and
427	434		Marilyn Ragland by deed recorded in Volume 282, Page 373 of the said
428	435		Deed Records bears S0l°00'52"E, 2121.99 feet;
429	436		THENCE, leaving the remainder of the said Michael Giles
430	437		Rutherford tract, across the said 700.03 acre tract, for the
431	438		following twenty-three (23) courses:
432	439		1) N83°13'49"W, 111.37 feet to a 1/2" iron rod set with
433	440		plastic cap;
434	441		2) N81°56'14"W, 349.24 feet to a 1/2" iron rod set with
435	442		plastic cap;
436	443		3) N7l'0l'01"W, 274.19 feet to a 1/2" iron rod set with
437	444		plastic cap;
438	445		4) N78°02'17"W, 468.3I feet to a 1/2" iron rod set with
439	446		plastic cap;
440	447		5) N82°55' 15"W, 267.33 feet to a 1/2" iron rod set with
441	448		plastic cap;
442	449		6) S71°57'45"W, 177.28 feet to a 1/2" iron rod set with
443	450		plastic cap;
444	451		7) N78'37'03"W, 375.19 feet to a 1/2" iron rod set with
445	452		plastic cap;
446	453		8) S65°03'19"W, 84.41 feet to a 1/2" iron rod set with
447	454		plastic cap;
448	455		9) S33°11'56"W, 124.67 feet to a1/2"iron rod set with
449	456		plastic cap;
450	457		10) S01°02'08'W 168.03 feet to a 1/2" iron rod set with
451	458		plastic cap;
452	459		11) S27 03' 16"W, 206.14 feet to a 1/2" iron rod set
453	460		with plastic cap;
454	461		12) S17°49'54"W, 197.44 feet to a 1/2" iron rod set
455	462		with plastic cap;
456	463		13) S30°34'17"W, 272.18 feet to a to a 1/2" iron rod set
457	464		with plastic cap;
458	465		14) S12°51'33"W, 225.06 feet to a 1/2" iron rod set
459	466		with plastic cap;
460	467		15) S08°30'37"E, 228.34 feet to a 1/2" iron rod set
461	468		with plastic cap;
462	469		16) S17°32'26"W 215.74 feet to a 1/2" iron rod set with
463	470		plastic cap;
464	471		17) S18°36'23"W, 192.00 feet to a 1/2" iron rod set
465	472		with plastic cap;
466	473		18) S01°16'37"E, 177.11 feet to a 1/2" iron rod set
467	474		with plastic cap:
468	475		19) S63°12'48"W, 153.98 feet to a 1/2" iron rod set with
469	476		plastic cap;
470	477		20) S45°13'37"W, 150.25 feet to a 1/2" iron rod set
471	478		with plastic cap;
472	479		21) S29°56'27"W, 113.65 to a 1/2" iron rod set with
473	480		plastic cap:
474	481		22) S60°22'29"W, 114.26 feet to a 1/2" iron rod set
475	482		with plastic cap;
476	483		23) S26 35'43"W, 75.57 feet to a 5/8" iron rod found
477	484		with aluminum cap, stamped "Kent McMillan, Land Surveyor, RPLS
478	485		4341", on the southerly line of the said 700.03 acre tract, being on
479	486		the notherly right-of-way line of the aforesaid Sate Highway FM
480	487		967, and being 40.00 feet right of State Highway centerline station
481	488		587+49.3;
482	489		THENCE, with the common line between the said 700.03
483	490		acre tract and the said right-of-way line of State Highway FM
484	491		967, for the following two (2) courses:
485	492		1) N89 12'09"W, at 750.58 feet pass a TxDOT concrete
486	493		highway monument found, for a total distance of 1247.30 feet to a
487	494		calculated point for the point of curvature of a non-tangent curve
488	495		to the right, from which a TxDOT concrete highway monument found
489	496		bears S01 07'48"W, 0.38 feet, said calculated point being 40.00
490	497		feet right of State Highway centerline station 599+95.5;
491	498		2) With the said curve to the right having a central
492	499		angle of 48 00'30", a radius of 1105.92 feet, a chord distance of
493	500		899.79 feet (chord bears N65 10'23"W), for an arc distance of 926.66
494	501		feet to a calculated point for the point of tangency, from which a
495	502		TxDOT concrete highway monument found bears N81 52'12"E, 1.37 feet,
496	503		said calculated point being 40.00 feet right of State Highway
497	504		centerline station 609+55.5;
498	505		THENCE, N41 10'07"W, continuing with the common line between
499	506		the said 700.03 acre tract and the northerly right-of-way line of
500	507		State Highway FM967, at 1393.60 feet pass a TxDOT concrete monument
501	508		found 0.28 feet to the left, at 2244.39 feet pass a TxDOT concrete
502	509		highway monument found, for a total distance of 3675.62 feet to the
503	510		PLACE OF BEGINNING, CONTAINING within these metes and bounds
504	511		394.112 acres of land area.
505	512		TRACT II.
506	513		FIELDNOTE DESCRIPTION of a 128.166 acre tract out of the
507	514		Freelove Woody Survey No.23, Hays County, Texas, being a portion of
508	515		that 700.03 acre tract conveyed to John Richard Rutherford by deed
509	516		recorded in Volume 1214, page 548 of the Deed Records of Hays
510	517		County, Texas; the said 128.166 acre tract is more particularly
511	518		described by metes and bounds as follows:
512	519		BEGINNING at a fence corner post found for the most southerly
513	520		southeast corner of the said 700.03 acre tract, being the northeast
514	521		corner of that 26.25 acre tract conveyed to Denton Ragland, Jr.,
515	522		Patrice Ragland and Marilyn Ragland by deed recorded in Volume 282,
516	523		Page 372 of the said Deed Records and an ell corner of that certain
517	524		tract, described as first tract, conveyed to Michael Giles
518	525		Rutherford recorded in Volume 197, page 45 of the said Deed Records,
519	526		from which a fence corner post found in the common line between the
520	527		said 26.25 acre tract and that certain Michael Giles Rutherford
521	528		tract bears S00 42'40"E, 446.87 feet;
522	529		THENCE, N88 53'01'W, leaving the said Michael Giles
523	530		Rutherford tract, with the southerly line of the said 700.03 acre
524	531		tract, at 21.54 feet pass a 5/8" iron rod found, stamped "Kent
525	532		McMillan, Land Surveyor, RPLS 4341", 0.56 feet to the left, at
526	533		719.81 feet pass the approximate northwest corner of the said 26.25
527	534		acre tract, being approximate northeast corner of the remainder of
528	535		that 53.50 acre tract conveyed to Minnie Rogers by deed recorded in
529	536		Volume 210, Page 210 of the said Deed Records, for a total distance
530	537		of 2711.59 feet to a 5/8" iron pipe found on a curve to the left in
531	538		the northerly right of way line of State Highway FM 967;
532	539		THENCE, with the common line between the said 700.03 acre
533	540		tract and the northerly right-of-way line of State Highway 967,
534	541		with the said curve to the left having a central angle of 09 18'06",
535	542		a radius of 1949.86 feet, a chord distance of 316.20 feet(chord
536	543		bears N84 31'41"W), for an arch distance of 316.55 feet to a 5/8"
537	544		iron rod found with aluminum cap stamped "Kent McMillan, Land
538	545		Surveyor, RPLS 4341" for the point of tangency and southwest corner
539	546		of the herein described tract, said point being 40.00 feet right of
540	547		State Highway RM 967 centerline station 587+49.3, from which a 5/8"
541	548		iron rod found with aluminum cap stamped "Kent McMillan, Land
542	549		Surveyor, RPLS 4341" in the common line between said 700.03 acre
543	550		tract and northerly right-of-way line of State Highway FM 967,
544	551		being 40.00 feet right of State Highway FM 967 centerline station
545	552		599+95.5, bears N89 12'09"W, 1247.30 feet;
546	553		THENCE, leaving the said northerly right-of-way line of State
547	554		Highway FM 967, across the said 700.03 acre tract, for the following
548	555		twenty-three (23) courses:
549	556		1. N26 35'43"E, 75.57 feet to a 1/2" iron rod set with
550	557		plastic cap:
551	558		2. N60 22'29"E, 114.26 feet to a 1/2" iron rod set with
552	559		plastic cap:
553	560		3. N29 56'27"E, 113.65 feet to a 1/2" iron rod set with
554	561		plastic cap:
555	562		4. N45 13'37"E, 150.25 feet to a 1/2" iron rod set with
556	563		plastic cap:
557	564		5. N63 12'48"E, 153.98 feet to a 1/2" iron rod set with
558	565		plastic cap;
559	566		6. N01 16'37"W, 177.11 feet to a 1/2" iron rod set with
560	567		plastic cap;
561	568		7. N18 36'23"E, 192.00 feet to a 1/2" iron rod set with
562	569		plastic cap;
563	570		8. N17 32'26"E, 215.74 feet to a 1/2" iron rod set with
564	571		plastic cap;
565	572		9. N08 30'37"W, 228.34 feet to a 1/2" iron rod set with
566	573		plastic cap;
567	574		10. N12 51'33"E, 225.06 feet to a 1/2" iron rod set
568	575		with plastic cap;
569	576		11. N30 34'17"E, 272.18 feet to a 1/2" iron rod set
570	577		with plastic cap;
571	578		12. N17 49'54"E 197.44 feet to a 1/2" iron rod set with
572	579		plastic cap;
573	580		13. N27 03'16"E, 206.14 feet to a 1/2" iron rod set
574	581		with plastic cap;
575	582		14. N01 02'08"E, 168.03 feet to a 1/2" iron rod set
576	583		with plastic cap;
577	584		15. N33 11'56"E, 124.67 feet to a 1/2" iron rod set
578	585		with plastic cap;
579	586		16. N65 03'19"E, 84.41 feet to a 1/2" iron rod set with
580	587		plastic cap;
581	588		17. S78 37'03"E, 375.19 feet to a 1/2" iron rod set
582	589		with plastic cap;
583	590		18. N71 57'45"E, 177.28 feet to a 1/2" iron rod set
584	591		with plastic cap;
585	592		19. S82 55'15"E, 267.33 feet to a 1/2" iron rod set
586	593		with plastic cap;
587	594		20. S78 02'17"E, 468.31 feet to a 1/2" iron rod set
588	595		with plastic cap;
589	596		21. S71 01'01"E, 274.19 feet to a 1/2" iron rod set
590	597		with plastic cap;
591	598		22. S81 56'14"E, 349.24 feet to a 1/2" iron rod set
592	599		with plastic cap;
593	600		23. S83 13'49"E, 111.37 feet to a 5/8" iron rod found
594	601		with aluminum cap stamped "Kent McMillan, Land Surveyor, RPLS 4341"
595	602		on an easterly line of the said 700.03 acre tract, being a westerly
596	603		line created from the remainder of that certain Michael Giles
597	604		Rutherford tract, form which a metal gate post found for an ell
598	605		corner of the said 700.03 acre tract bears N01 00'52"W, 17.61 feet;
599	606		THENCE, S01 00'52"E, across the said Michael Giles Rutherford
600	607		tract, with an easterly line of the said 700.03 acre tract, at a
601	608		distance of 1885.44 feet to the left, at 2084.56 feet pass a 5/8"
602	609		iron rod found, stamped "Kent McMillan, Land Surveyor, RPLS 4341",
603	610		0.07 feet to the left, for a total distance of 2104.37 feet to the
604	611		PLACE OF BEGINNING, CONTAINING within these metes and bounds of
605	612		128.166 acres of land area.
606	613		TRACT III
607	614		FIELDNOTE DESCRIPTION OF A 0.1793 acre tract of the Freelove
608	615		Woody Survey No. 23, Abstract No.20, Hays County, Texas, being a
609	616		portion of that certain tract, described as First Tract, conveyed
610	617		to Michael Giles Rutherford (First Tract) by deed recorded in
611	618		Volume 197, Page 45 of the Deed Records of Hays County, Texas; the
612	619		said 0.1793 acre tract is more particularly described by metes and
613	620		bounds as follows:
614	621		BEGINNING at a cotton in spindle found on the easterly line of
615	622		that 522.25 acre tract conveyed to Michael Giles Rutherford by deed
616	623		recorded in Volume 3799, Page 263 of the Official Public Records of
617	624		Hays County, Texas, same being the southwest corner of that 177.762
618	625		acre tract described as Exhibit A-1, as conveyed to LSM Ranch, Ltd.
619	626		By deed recorded in Volume 1628, Page 206 of the said Deed Records
620	627		and the proposed southwest corner of Rim Rock, Phase One, Section
621	628		Five, subdivision;
622	629		THENCE, N87 51'36"E, leaving the easterly line of the said
623	630		522.25 acre tract, across the said First Tract, with the southerly
624	631		line of the said 177.762 acre tract and proposed Rim Rock, Phase
625	632		One, Section Five subdivision, for a distance of 99.82 feet to a
626	633		calculated point for the northeast corner of the herein described
627	634		tract, same being the most northerly northwest corner of Lot 34,
628	635		Block 'A', Rutherford West, Section 2, a subdivision recorded in
629	636		Book 14, pages 49 through 53 of the Plat Records of Hay County,
630	637		Texas, from which a 1/2"iron rod found with plastic cap marked
631	638		"Capital Surveying Company, Inc", bears N00 32'40"W, 0.13 feet;
632	639		THENCE, leaving the southerly line of the said 177.762 acre
633	640		tract and proposed Rim Rock, Phase One, Section Five, subdivision,
634	641		across the said First Tract, with the westerly and northerly lines
635	642		of said Lot 34, Block 'A", for the following two (2) courses:
636	643		1. S00 32'40"E, 81.34 feet to a 1/2"iron rod found with
637	644		plastic cap marked "Capital Surveying Company, Inc., found;
638	645		2. N88 52'48"W, 99.21 feet 1/2"iron rod found with
639	646		plastic cap marked "Capital Surveying Company, Inc., found for the
640	647		most westerly northwest corner of aforesaid Lot 34, Block 'A', same
641	648		being on the easterly line of the aforesaid 522.25 acre tract and
642	649		the southwest corner of the herein described tract;
643	650		THENCE, N01 00'52"W, leaving the northerly line of said Lot
644	651		34, Block 'A', and continuing across the said First Tract, easterly
645	652		line of the aforesaid 522.25 acre tract, at a distance of 58.07 feet
646	653		pass a 5/8" iron rod, with aluminum cap marked "Kent McMillan,
647	654		Surveyor, RPLS 4341", found and continuing for a total distance of
648	655		75.68 feel to the PLACE OF BEGINNING, CONTAINING within these metes
649	656		and bounds 0.1793 acres of land area.
650	657		The Bearing Basis for this description is the Texas State
651	658		Plane Coordinate System, South Central Zone, NAD 83 Datum, derived
652	659		from GPS Survey occupations.
653	660		SECTION 3. (a) The legal notice of the intention to
654	661		introduce this Act, setting forth the general substance of this
655	662		Act, has been published as provided by law, and the notice and a
656	663		copy of this Act have been furnished to all persons, agencies,
657	664		officials, or entities to which they are required to be furnished
658	665		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
659	666		Government Code.
660	667		(b) The governor, one of the required recipients, has
661	668		submitted the notice and Act to the Texas Commission on
662	669		Environmental Quality.
663	670		(c) The Texas Commission on Environmental Quality has filed
664	671		its recommendations relating to this Act with the governor, the
665	672		lieutenant governor, and the speaker of the house of
666	673		representatives within the required time.
667	674		(d) All requirements of the constitution and laws of this
668	675		state and the rules and procedures of the legislature with respect
669	676		to the notice, introduction, and passage of this Act are fulfilled
670	677		and accomplished.
671	678		SECTION 4. (a) If this Act does not receive a two-thirds
672	679		vote of all the members elected to each house, Subchapter C, Chapter
673	680		7982, Special District Local Laws Code, as added by Section 1 of
674	681		this Act, is amended by adding Section 7982.110 to read as follows:
675	682		Sec. 7982.110. NO EMINENT DOMAIN POWER. The district may
676	683		not exercise the power of eminent domain.
677	684		(b) This section is not intended to be an expression of a
678	685		legislative interpretation of the requirements of Section 17(c),
679	686		Article I, Texas Constitution.
680	687		SECTION 5. This Act takes effect immediately if it receives
681	688		a vote of two-thirds of all the members elected to each house, as
682	689		provided by Section 39, Article III, Texas Constitution. If this
683	690		Act does not receive the vote necessary for immediate effect, this
684	691		Act takes effect September 1, 2017.
685		-	______________________________ ______________________________
686		-	President of the Senate Speaker of the House
687		-	I certify that H.B. No. 4301 was passed by the House on May
688		-	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
689		-	voting.
690		-	______________________________
691		-	Chief Clerk of the House
692		-	I certify that H.B. No. 4301 was passed by the Senate on May
693		-	24, 2017, by the following vote: Yeas 30, Nays 1.
694		-	______________________________
695		-	Secretary of the Senate
696		-	APPROVED: _____________________
697		-	Date
698		-	_____________________
699		-	Governor
	692	+	* * * * *