Texas 2017 - 85th Regular

Texas House Bill HB4309 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4309
	1	+	By: Isaac (Senate Sponsor - Campbell) H.B. No. 4309
	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
4	10		AN ACT
5	11		relating to the creation of the Driftwood Municipal Utility
6	12		District No. 1; granting a limited power of eminent domain;
7	13		providing authority to issue bonds; providing authority to impose
8	14		assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 7983 to read as follows:
12	18		CHAPTER 7983. DRIFTWOOD MUNICIPAL UTILITY DISTRICT NO. 1
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 7983.001. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(3) "Director" means a board member.
19	25		(4) "District" means the Driftwood Municipal Utility
20	26		District No. 1.
21	27		Sec. 7983.002. NATURE OF DISTRICT. The district is a
22	28		municipal utility district created under Section 59, Article XVI,
23	29		Texas Constitution.
24	30		Sec. 7983.003. CONFIRMATION AND DIRECTORS' ELECTION
25	31		REQUIRED. The temporary directors shall hold an election to
26	32		confirm the creation of the district and to elect five permanent
27	33		directors as provided by Section 49.102, Water Code.
28	34		Sec. 7983.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section 7983.003
30	36		until:
31	37		(1) each municipality in whose corporate limits or
32	38		extraterritorial jurisdiction the district is located has
33	39		consented by ordinance or resolution to the creation of the
34	40		district and to the inclusion of land in the district; and
35	41		(2) the district and each municipality in whose
36	42		corporate limits or extraterritorial jurisdiction the district is
37	43		located have executed an agreement concerning the creation and
38	44		operation of the district.
39	45		Sec. 7983.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
40	46		The district is created to serve a public purpose and benefit.
41	47		(b) The district is created to accomplish the purposes of:
42	48		(1) a municipal utility district as provided by
43	49		general law and Section 59, Article XVI, Texas Constitution; and
44	50		(2) Section 52, Article III, Texas Constitution, that
45	51		relate to the construction, acquisition, improvement, operation,
46	52		or maintenance of macadamized, graveled, or paved roads, or
47	53		improvements, including storm drainage, in aid of those roads.
48	54		(c) All land and other property included in the district
49	55		will benefit from the improvements and services to be provided by
50	56		the district under powers conferred by Sections 52 and 52-a,
51	57		Article III, and Section 59, Article XVI, Texas Constitution, and
52	58		other powers granted under this chapter.
53	59		(d) The creation of the district is in the public interest
54	60		and is essential to further the public purposes of:
55	61		(1) developing and diversifying the economy of the
56	62		state;
57	63		(2) eliminating unemployment and underemployment;
58	64		(3) developing or expanding transportation and
59	65		commerce; and
60	66		(4) providing quality residential housing.
61	67		(e) The district will:
62	68		(1) promote the health, safety, and general welfare of
63	69		residents, employers, potential employees, employees, visitors,
64	70		and consumers in the district, and of the public;
65	71		(2) provide needed funding for the district to
66	72		preserve, maintain, and enhance the economic health and vitality of
67	73		the district territory as a residential community and business
68	74		center; and
69	75		(3) promote the health, safety, welfare, and enjoyment
70	76		of the public by providing pedestrian ways and by landscaping,
71	77		removing graffiti from, and developing certain areas in the
72	78		district, which are necessary for the restoration, preservation,
73	79		and enhancement of scenic beauty.
74	80		(f) Pedestrian ways along or across a street, whether at
75	81		grade or above or below the surface, and street lighting, street
76	82		landscaping, vehicle parking, and street art objects are parts of
77	83		and necessary components of a street and are considered to be an
78	84		improvement project that includes a street or road improvement.
79	85		Sec. 7983.006. INITIAL DISTRICT TERRITORY. (a) The
80	86		district is initially composed of the territory described by
81	87		Section 2 of the Act enacting this chapter.
82	88		(b) The boundaries and field notes contained in Section 2 of
83	89		the Act enacting this chapter form a closure. A mistake made in the
84	90		field notes or in copying the field notes in the legislative process
85	91		does not affect the district's:
86	92		(1) organization, existence, or validity;
87	93		(2) right to issue any type of bond for the purposes
88	94		for which the district is created or to pay the principal of and
89	95		interest on a bond;
90	96		(3) right to impose a tax; or
91	97		(4) legality or operation.
92	98		SUBCHAPTER B. BOARD OF DIRECTORS
93	99		Sec. 7983.051. GOVERNING BODY; TERMS. (a) The district is
94	100		governed by a board of five elected directors.
95	101		(b) Except as provided by Section 7983.052, directors serve
96	102		staggered four-year terms.
97	103		Sec. 7983.052. TEMPORARY DIRECTORS. (a) On or after
98	104		September 1, 2017, the owner or owners of a majority of the assessed
99	105		value of the real property in the district may submit a petition to
100	106		the commission requesting that the commission appoint as temporary
101	107		directors the five persons named in the petition. The commission
102	108		shall appoint as temporary directors the five persons named in the
103	109		petition.
104	110		(b) Temporary directors serve until the earlier of:
105	111		(1) the date permanent directors are elected under
106	112		Section 7983.003; or
107	113		(2) September 1, 2021.
108	114		(c) If permanent directors have not been elected under
109	115		Section 7983.003 and the terms of the temporary directors have
110	116		expired, successor temporary directors shall be appointed or
111	117		reappointed as provided by Subsection (d) to serve terms that
112	118		expire on the earlier of:
113	119		(1) the date permanent directors are elected under
114	120		Section 7983.003; or
115	121		(2) the fourth anniversary of the date of the
116	122		appointment or reappointment.
117	123		(d) If Subsection (c) applies, the owner or owners of a
118	124		majority of the assessed value of the real property in the district
119	125		may submit a petition to the commission requesting that the
120	126		commission appoint as successor temporary directors the five
121	127		persons named in the petition. The commission shall appoint as
122	128		successor temporary directors the five persons named in the
123	129		petition.
124	130		SUBCHAPTER C. POWERS AND DUTIES
125	131		Sec. 7983.101. GENERAL POWERS AND DUTIES. The district has
126	132		the powers and duties necessary to accomplish the purposes for
127	133		which the district is created.
128	134		Sec. 7983.102. MUNICIPAL UTILITY DISTRICT POWERS AND
129	135		DUTIES. The district has the powers and duties provided by the
130	136		general law of this state, including Chapters 49 and 54, Water Code,
131	137		applicable to municipal utility districts created under Section 59,
132	138		Article XVI, Texas Constitution.
133	139		Sec. 7983.103. WATER CONSERVATION FACILITIES. The district
134	140		may provide for the conservation of water, including by means of the
135	141		construction, operation, and maintenance of a water conservation
136	142		facility or water reuse project.
137	143		Sec. 7983.104. AUTHORITY FOR ROAD PROJECTS. Under Section
138	144		52, Article III, Texas Constitution, the district may design,
139	145		acquire, construct, finance, issue bonds for, improve, operate,
140	146		maintain, and convey to this state, a county, or a municipality for
141	147		operation and maintenance macadamized, graveled, or paved roads, or
142	148		improvements, including storm drainage, in aid of those roads.
143	149		Sec. 7983.105. ROAD STANDARDS AND REQUIREMENTS. (a) A road
144	150		project must meet all applicable construction standards, zoning and
145	151		subdivision requirements, and regulations of each municipality in
146	152		whose corporate limits or extraterritorial jurisdiction the road
147	153		project is located.
148	154		(b) If a road project is not located in the corporate limits
149	155		or extraterritorial jurisdiction of a municipality, the road
150	156		project must meet all applicable construction standards,
151	157		subdivision requirements, and regulations of each county in which
152	158		the road project is located.
153	159		(c) If the state will maintain and operate the road, the
154	160		Texas Transportation Commission must approve the plans and
155	161		specifications of the road project.
156	162		Sec. 7983.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
157	163		OR RESOLUTION. The district shall comply with all applicable
158	164		requirements of any ordinance or resolution that is adopted under
159	165		Section 54.016 or 54.0165, Water Code, and that consents to the
160	166		creation of the district or to the inclusion of land in the
161	167		district.
162	168		Sec. 7983.107. LIMITATION ON GROUNDWATER USE. In providing
163	169		water services to users in the district, the district may not,
164	170		except in emergency situations:
165	171		(1) develop groundwater on land owned by the district
166	172		for use as a potable water source; or
167	173		(2) purchase or lease the rights to groundwater
168	174		underlying land inside the district for use as a potable water
169	175		source.
170	176		Sec. 7983.108. DIVISION OF DISTRICT. (a) The district may
171	177		be divided into two or more new districts only if:
172	178		(1) the district has no outstanding bonded debt; and
173	179		(2) the district is not imposing ad valorem taxes.
174	180		(b) This chapter applies to any new district created by the
175	181		division of the district, and a new district has all the powers and
176	182		duties of the district.
177	183		(c) Any new district created by the division of the district
178	184		may not, at the time the new district is created, contain any land
179	185		outside the area described by Section 2 of the Act enacting this
180	186		chapter.
181	187		(d) The board, on its own motion or on receipt of a petition
182	188		signed by the owner or owners of a majority of the assessed value of
183	189		the real property in the district, may adopt an order dividing the
184	190		district.
185	191		(e) The board may adopt an order dividing the district
186	192		before or after the date the board holds an election under Section
187	193		7983.003 to confirm the creation of the district.
188	194		(f) An order dividing the district shall:
189	195		(1) name each new district;
190	196		(2) include the metes and bounds description of the
191	197		territory of each new district;
192	198		(3) appoint temporary directors for each new district;
193	199		and
194	200		(4) provide for the division of assets and liabilities
195	201		between or among the new districts.
196	202		(g) On or before the 30th day after the date of adoption of
197	203		an order dividing the district, the district shall file the order
198	204		with the commission and record the order in the real property
199	205		records of each county in which the district is located.
200	206		(h) Any new district created by the division of the district
201	207		shall hold a confirmation and directors' election as required by
202	208		Section 7983.003.
203	209		(i) If the creation of the new district is confirmed, the
204	210		new district shall provide the election date and results to the
205	211		commission.
206	212		(j) Any new district created by the division of the district
207	213		must hold an election as required by this chapter to obtain voter
208	214		approval before the district may impose a maintenance tax or issue
209	215		bonds payable wholly or partly from ad valorem taxes.
210	216		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
211	217		Sec. 7983.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
212	218		district may issue, without an election, bonds and other
213	219		obligations secured by:
214	220		(1) revenue other than ad valorem taxes; or
215	221		(2) contract payments described by Section 7983.153.
216	222		(b) The district must hold an election in the manner
217	223		provided by Chapters 49 and 54, Water Code, to obtain voter approval
218	224		before the district may impose an ad valorem tax or issue bonds
219	225		payable from ad valorem taxes.
220	226		(c) The district may not issue bonds payable from ad valorem
221	227		taxes to finance a road project unless the issuance is approved by a
222	228		vote of a two-thirds majority of the district voters voting at an
223	229		election held for that purpose.
224	230		Sec. 7983.152. OPERATION AND MAINTENANCE TAX. (a) If
225	231		authorized at an election held under Section 7983.151, the district
226	232		may impose an operation and maintenance tax on taxable property in
227	233		the district in accordance with Section 49.107, Water Code.
228	234		(b) The board shall determine the tax rate. The rate may not
229	235		exceed the rate approved at the election.
230	236		Sec. 7983.153. CONTRACT TAXES. (a) In accordance with
231	237		Section 49.108, Water Code, the district may impose a tax other than
232	238		an operation and maintenance tax and use the revenue derived from
233	239		the tax to make payments under a contract after the provisions of
234	240		the contract have been approved by a majority of the district voters
235	241		voting at an election held for that purpose.
236	242		(b) A contract approved by the district voters may contain a
237	243		provision stating that the contract may be modified or amended by
238	244		the board without further voter approval.
239	245		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
240	246		Sec. 7983.201. AUTHORITY TO ISSUE BONDS AND OTHER
241	247		OBLIGATIONS. The district may issue bonds or other obligations
242	248		payable wholly or partly from ad valorem taxes, impact fees,
243	249		revenue, contract payments, grants, or other district money, or any
244	250		combination of those sources, to pay for any authorized district
245	251		purpose.
246	252		Sec. 7983.202. TAXES FOR BONDS. At the time the district
247	253		issues bonds payable wholly or partly from ad valorem taxes, the
248	254		board shall provide for the annual imposition of a continuing
249	255		direct ad valorem tax, without limit as to rate or amount, while all
250	256		or part of the bonds are outstanding as required and in the manner
251	257		provided by Sections 54.601 and 54.602, Water Code.
252	258		Sec. 7983.203. BONDS FOR ROAD PROJECTS. At the time of
253	259		issuance, the total principal amount of bonds or other obligations
254	260		issued or incurred to finance road projects and payable from ad
255	261		valorem taxes may not exceed one-fourth of the assessed value of the
256	262		real property in the district.
257	263		SECTION 2. The Driftwood Municipal Utility District No. 1
258	264		initially includes all the territory contained in the following
259	265		area:
260	266		FIELD NOTE DESCRIPTION OF 323.59 ACRES OF LAND OUT OF THE WILLIAM B.
261	267		TRAVIS SURVEY ABSTRACT No. 15 IN HAYS COUNTY, TEXAS, BEING
262	268		COMPRISED OF A PORTION OF THAT CERTAIN (117.51 ACRE) TRACT OF LAND
263	269		AS CONVEYED TO DAMIAN C. MANDOLA AND TRINA M. MANDOLA BY GENERAL
264	270		WARRANTY DEED RECORDED IN VOLUME 2406 PAGE 685 OF THE OFFICIAL
265	271		PUBLIC RECORDS OF HAYS COUNTY, TEXAS, TOGETHER WITH A PORTION OF
266	272		THAT CERTAIN (150.00 ACRE) TRACT OF LAND AS CONVEYED TO DAMIAN C.
267	273		MANDOLA AND TRINA M. MANDOLA BY WARRANTY DEED RECORDED IN VOLUME
268	274		2261 PAGE 316 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS,
269	275		AND TOGETHER WITH A PORTION OF THAT CERTAIN (107.00 ACRE) TRACT OF
270	276		LAND AS CONVEYED TO DAMIAN C. MANDOLA AND WIFE, TRINA M. MANDOLA BY
271	277		GENERAL WARRANTY DEED RECORDED IN VOLUME 2141 PAGE 753 OF THE
272	278		OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING MORE
273	279		PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
274	280		BEGINNING at a point in the East right-of-way line of F.M. Highway
275	281		No. 150 for the westerly Northwest corner of that certain (117.51
276	282		acre) tract of land as conveyed to Damian C. Mandola and Trina M.
277	283		Mandola by General Warranty Deed recorded in Volume 2406 Page 685 of
278	284		the Official Public Records of Hays County, Texas, and being in the
279	285		West line of that certain (890.32 acres less 90.96 acres) tract as
280	286		conveyed to Wilding, LP by Special Warranty Deed recorded in
281	287		Document No. 9927839 of the Official Public Records of Hays County,
282	288		Texas, and for the Northwesterly corner of that certain (374.53
283	289		acre) tract of land as conveyed to Saber Ventures, L.P. by Special
284	290		Warranty Deed recorded in Volume 2023 Page 531 of the Official
285	291		Public Records of Hays County, Texas, and for a Southwesterly
286	292		corner of that certain (311.44 acre) tract of land as conveyed to AT
287	293		Holding-Riata, LLC by Special Warranty Deed recorded in Volume 2023
288	294		Page 547 of the Official Public Records of Hays County, Texas, and
289	295		being the westerly Northwest corner and PLACE OF BEGINNING of the
290	296		herein described tract of land, and from which a metal spike found
291	297		in an asphalt driveway in the East right-of-way line of F.M. Highway
292	298		No. 150 (at record centerline HWY Station 398+69.3) bears N 20 deg.
293	299		32' 24" W 895.92 ft., and also from which a capped iron rod found
294	300		bears N 72 deg. 35' 16" E 0.40 ft.;
295	301		THENCE leaving the East right-of-way line of F.M. Highway No. 150
296	302		and entering the interior of said Wilding (890.32 acres less 90.96
297	303		acres) tract with the common line of said Mandola (117.51 acre)
298	304		tract and said AT-Holding-Riata (311.44 acre) tract, the following
299	305		four (4) courses;
300	306		1) N 72 deg. 35' 16" E 957.58 ft. to a capped iron rod found
301	307		(marked "McAngus");
302	308		2) N 28 deg. 14' 58" E 1033.24 ft. to a capped iron rod found
303	309		(marked "McAngus");
304	310		3) N 88 deg. 23' 37" E 3991.58 ft. to a capped iron rod found
305	311		(marked "McAngus");
306	312		4) S 53 deg 02' 43" E at 1953.44 ft. passing a 1 1/4" iron
307	313		pipe found, and continuing with the same bearing for a
308	314		total distance of 2042.29 ft. to a point in the
309	315		approximate centerline of Onion Creek for the Northeast
310	316		corner of said Mandola (117.51 acre) tract and for the
311	317		Southeast corner of said AT Holding-Riata (311.44 acre)
312	318		tract and for the Northwest corner of that certain
313	319		(200.585 acre) tract of land as conveyed to Annaton Land
314	320		Company, LLC by Warranty Deed recorded in Volume 4617
315	321		Page 374 of the Official Public Records of Hays County,
316	322		Texas, and being the Northeast corner of this tract of
317	323		land;
318	324		THENCE continuing through the interior of said Wilding (890.32
319	325		acres less 90.96 acres) tract with the approximate centerline of
320	326		Onion Creek and with the common line of said Mandola (117.51 acre)
321	327		tract and said Annaton Land Company (200.585 acre) tract, the
322	328		following seven (7) courses;
323	329		1) S 36 deg. 24' 12" W 252.79 ft.;
324	330		2) S 37 deg. 15' 21" W246.91 ft.;
325	331		3) S 41 deg. 42' 31" W 214.94 ft.;
326	332		4) S 43 deg. 07' 44" W 212.80 ft.;
327	333		5) S 26 deg. 54' 25" W 159.79 ft.;
328	334		6) S 27 deg. 42' 48" E 70.19 ft.;
329	335		7) S 49 deg. 40' 44" W 239.29 ft. to a point for the
330	336		Southeast corner of said Mandola (117.51 acre) tract
331	337		and for the Northeast corner of that certain (150.00
332	338		acre) tract of land as conveyed to Damian C. Mandola and
333	339		Trina C. Mandola by Warranty Deed recorded in Volume
334	340		2261 Page 316 of the Official Public Records of Hays
335	341		County, Texas, and being an angle corner of this tract,
336	342		and from which a 60D nail found on the Northwesterly
337	343		side of a 46" Cypress tree (for reference) bears N 85
338	344		deg. 04' W 47.70 ft.;
339	345		THENCE continuing through the interior of said Wilding (890.32
340	346		acres less 90.96 acres) tract with the approximate centerline of
341	347		Onion Creek and with the common line of said Mandola (150.00 acre)
342	348		tract and said Annaton Land Company (200.585 acre) tract, the
343	349		following six (6) courses;
344	350		1) S 47 deg. 12' 31" W 253.25 ft.;
345	351		2) S 41 deg. 34' 36" W 219.86 ft.;
346	352		3) S 41 deg. 33' 07" W 276.42 ft.;
347	353		4) S 45 deg. 46' 37" W 288.13 ft.;
348	354		5) S 61 deg. 07' 53" W 223.76 ft.;
349	355		6) S 58 deg. 51' 17" W 191.85 ft. to a point for the Southeast
350	356		corner of said Mandola (150.00 acre) tract and for the
351	357		Northeast corner of that certain (107.00 acre) tract of
352	358		land as conveyed to Damian C. Mandola and wife, Trina C.
353	359		Mandola by General Warranty Deed recorded in Volume
354	360		2141 Page 753 of the Official Public Records of Hays
355	361		County, Texas, and being an angle corner of this tract,
356	362		and from which a 60D nail found on the Westerly side of a
357	363		16" Cypress tree bears N 13 deg. 48' W 53.69 ft.;
358	364		THENCE continuing through the interior of said Wilding (890.32
359	365		acres less 90.96 acres) tract with the approximate centerline of
360	366		Onion Creek and with the East line of said Mandola (107.00 acre)
361	367		tract, the following five (5) courses;
362	368		1) S 41 deg. 08' 03" W 231.01 ft.;
363	369		2) S 36 deg. 08' 40" W 248.29 ft.;
364	370		3) S 32 deg. 53' 55" W 249.13 ft.;
365	371		4) S 30 deg. 05' 08" W 241.12 ft.;
366	372		5) S 18 deg. 56' 06" W 233.53 ft. to a point for the Southeast
367	373		corner of said Mandola (107.00 acre) tract and for a
368	374		Northeasterly corner of that certain (21.512 acre)
369	375		tract of land as conveyed to Peter M. Schwab and
370	376		Jeanette K. Thornton-Schwab by General Warranty Deed
371	377		recorded in Volume 1828 Page 709 of the Official Public
372	378		Records of Hays County, Texas, and being the Southeast
373	379		corner of this tract, and from which an incised X mark
374	380		found in the Westerly end of a concrete dam bears N 09
375	381		deg. 00' E 190.41 ft. (for reference);
376	382		THENCE leaving the approximate centerline of Onion Creek with the
377	383		common line of said Mandola (107.00 acre) tract and said Schwab
378	384		(21.512 acre) tract, the following seven (7) courses;
379	385		1) N 58 deg. 07' 33" W at 70.67 ft. passing a capped iron rod
380	386		found (marked "McAngus") and continuing with the same
381	387		bearing for a total distance of 728.64 ft. to a capped
382	388		iron rod found (marked "McAngus");
383	389		2) N 24 deg. 01' 46" W 456.82 ft. to a capped iron rod found
384	390		(marked "McAngus") and from which a 1/2" iron rod found
385	391		for an angle corner in the Southwest line of said Schwab
386	392		(21.512 acre) tract bears S 46 deg. 21' 25" W 33.18 ft.;
387	393		3) N 56 deg. 29' 49" W 518.51 ft. to a capped iron rod found
388	394		(marked "McAngus");
389	395		4) N 36 deg. 40' 03" W 507.04 ft. to a capped iron rod found
390	396		(marked "McAngus");
391	397		5) S 56 deg. 30' 23" W 148.91 ft. to a capped iron rod found
392	398		(marked "McAngus");
393	399		6) N 42 deg. 04' 50" W 1026.81 ft. to a capped iron rod found
394	400		(marked "McAngus") on the top of a small earthen stock
395	401		tank dam;
396	402		7) N 84 deg. 13' 38" W 166.65 to a capped iron rod found
397	403		(marked "Landesign") at a metal pipe corner post for a
398	404		game-proof fence for the Southeast corner of that
399	405		certain (9.455 acre) tract of land as conveyed to
400	406		DuchMandola, Ltd. by General Warranty Deed recorded in
401	407		Volume 3775 Page 877 of the Official Public Records of
402	408		Hays County, Texas, and being a Southwesterly angle
403	409		corner of this tract;
404	410		THENCE entering the interior of said Mandola (107.00 acre) tract
405	411		with the East line of said DuchMandola (9.455 acre) tract, the
406	412		following two (2) courses;
407	413		1) N 16 deg. 59' 17" E 432.02 ft. to a 1/2" iron rod found;
408	414		2) S 53 deg. 46' 28" E 67.80 ft. to a capped iron rod found
409	415		(marked "Landesign");
410	416		THENCE continuing through the interior of said Mandola (107.00
411	417		acre) tract and entering the interior of said Mandola (150.00 acre)
412	418		tract, N 38 deg. 11' 23" E 284.33 ft. to a capped iron rod found
413	419		(marked "Landesign") for an angle corner in the East line of that
414	420		certain (6.620 acre) tract of land as conveyed to DuchMandola, Ltd.
415	421		by said General Warranty Deed recorded in Volume 3775 Page 877 of
416	422		the Official Public Records of Hays County, Texas, and being an
417	423		angle corner of this tract;
418	424		THENCE continuing through the interior of said Mandola (150.00
419	425		acre) tract, N 00 deg. 40' 32" W at 433.25 ft. passing a capped iron
420	426		rod found (marked "Landesign") for the Northeast corner of said
421	427		DuchMandola (6.620 acre) tract and continuing with the same bearing
422	428		for a total distance of 819.70 ft. to a capped iron rod found
423	429		(marked "Landesign") in the common line of said Mandola (150.00
424	430		acre) tract and said Mandola (117.51 acre) tract and being an angle
425	431		corner of this tract;
426	432		THENCE with the common line of said Mandola (150.00 acre) tract and
427	433		said Mandola (117.51 acre) tract, the following two (2) courses;
428	434		1) S 88 deg. 25' 14" W 642.66 ft. to a capped iron rod found
429	435		(marked "McAngus");
430	436		2) S 50 deg. 02' 26" W 895.46 ft. to a capped iron rod found
431	437		(marked "Landesign") for an angle corner of this tract,
432	438		and from which a 1/2" iron rod found for an angle corner
433	439		in the common line of said Mandola (150.00 acre) tract
434	440		and said Mandola (117.51 acre) tract bears S 50 deg. 02'
435	441		26" W 17.37 ft.;
436	442		THENCE crossing the interiors of said Mandola (117.51 acre) tract
437	443		and said Mandola (150.00 acre) tract, respectively, the following
438	444		two (2) courses;
439	445		1) 69 deg. 55' 31" W 590.01 ft. to a capped iron rod found
440	446		(marked "Landesign");
441	447		2) S 75 deg. 45' 29" W 370.85 ft. to a point in the East
442	448		right-of-way line of F.M. Highway No. 150 for the
443	449		Northwest corner of said Mandola (150.00 acre) tract
444	450		and for the Southwest corner of said Mandola (117.51
445	451		acre) tract and being the most Southwesterly corner of
446	452		this tract, and from which a concrete monument found in
447	453		the East right-of-way line of F.M. Highway No. 150 (at
448	454		centerline HWY Station 438+31.0) bears S 20 deg. 32' 24"
449	455		E 2810.55 ft., and also from which a 1/2" iron rod found
450	456		bears N 75 deg. 45' 29" E 0.41 ft.;
451	457		THENCE with the East right-of-way line of F.M. Highway No. 150 and
452	458		with the West line of said Mandola (117.51 acre) tract, N 20 deg.
453	459		32' 24" W 254.11 ft. to the PLACE OF BEGINNING, containing 323.59
454	460		acres of land.
455	461		SECTION 3. (a) The legal notice of the intention to
456	462		introduce this Act, setting forth the general substance of this
457	463		Act, has been published as provided by law, and the notice and a
458	464		copy of this Act have been furnished to all persons, agencies,
459	465		officials, or entities to which they are required to be furnished
460	466		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
461	467		Government Code.
462	468		(b) The governor, one of the required recipients, has
463	469		submitted the notice and Act to the Texas Commission on
464	470		Environmental Quality.
465	471		(c) The Texas Commission on Environmental Quality has filed
466	472		its recommendations relating to this Act with the governor, the
467	473		lieutenant governor, and the speaker of the house of
468	474		representatives within the required time.
469	475		(d) All requirements of the constitution and laws of this
470	476		state and the rules and procedures of the legislature with respect
471	477		to the notice, introduction, and passage of this Act are fulfilled
472	478		and accomplished.
473	479		SECTION 4. (a) If this Act does not receive a two-thirds
474	480		vote of all the members elected to each house, Subchapter C, Chapter
475	481		7983, Special District Local Laws Code, as added by Section 1 of
476	482		this Act, is amended by adding Section 7983.109 to read as follows:
477	483		Sec. 7983.109. NO EMINENT DOMAIN POWER. The district may
478	484		not exercise the power of eminent domain.
479	485		(b) This section is not intended to be an expression of a
480	486		legislative interpretation of the requirements of Section 17(c),
481	487		Article I, Texas Constitution.
482	488		SECTION 5. This Act takes effect September 1, 2017.
483		-	______________________________ ______________________________
484		-	President of the Senate Speaker of the House
485		-	I certify that H.B. No. 4309 was passed by the House on May
486		-	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
487		-	voting.
488		-	______________________________
489		-	Chief Clerk of the House
490		-	I certify that H.B. No. 4309 was passed by the Senate on May
491		-	24, 2017, by the following vote: Yeas 30, Nays 1.
492		-	______________________________
493		-	Secretary of the Senate
494		-	APPROVED: _____________________
495		-	Date
496		-	_____________________
497		-	Governor
	489	+	* * * * *