Texas 2017 - 85th Regular

Texas House Bill HB4318 Compare Versions

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1-85R23007 SLB-F
1+85R13792 SLB-F
22 By: Bailes H.B. No. 4318
3- Substitute the following for H.B. No. 4318:
4- By: Cosper C.S.H.B. No. 4318
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to the creation of the River Ranch Municipal Utility
10- District of Liberty County and the Riverside Municipal Utility
118 District of Liberty County; granting a limited power of eminent
129 domain; providing authority to issue bonds; providing authority to
1310 impose assessments, fees, or taxes.
1411 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1512 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1613 Code, is amended by adding Chapter 7991 to read as follows:
1714 CHAPTER 7991. RIVER RANCH MUNICIPAL UTILITY DISTRICT OF LIBERTY
1815 COUNTY
1916 SUBCHAPTER A. GENERAL PROVISIONS
2017 Sec. 7991.001. DEFINITIONS. In this chapter:
2118 (1) "Board" means the district's board of directors.
2219 (2) "Commission" means the Texas Commission on
2320 Environmental Quality.
2421 (3) "Director" means a board member.
2522 (4) "District" means the River Ranch Municipal Utility
2623 District of Liberty County.
2724 Sec. 7991.002. NATURE OF DISTRICT. The district is a
2825 municipal utility district created under Section 59, Article XVI,
2926 Texas Constitution.
3027 Sec. 7991.003. CONFIRMATION AND DIRECTORS' ELECTION
3128 REQUIRED. The temporary directors shall hold an election to
3229 confirm the creation of the district and to elect five permanent
3330 directors as provided by Section 49.102, Water Code.
3431 Sec. 7991.004. CONSENT OF MUNICIPALITY REQUIRED. The
3532 temporary directors may not hold an election under Section 7991.003
3633 until each municipality in whose corporate limits or
3734 extraterritorial jurisdiction the district is located has
3835 consented by ordinance or resolution to the creation of the
3936 district and to the inclusion of land in the district.
4037 Sec. 7991.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
4138 The district is created to serve a public purpose and benefit.
4239 (b) The district is created to accomplish the purposes of:
4340 (1) a municipal utility district as provided by
4441 general law and Section 59, Article XVI, Texas Constitution; and
4542 (2) Section 52, Article III, Texas Constitution, that
4643 relate to the construction, acquisition, or improvement of
4744 macadamized, graveled, or paved roads or improvements, including
4845 storm drainage, in aid of those roads.
4946 Sec. 7991.006. INITIAL DISTRICT TERRITORY. (a) The
5047 district is initially composed of the territory described by
5148 Section 2 of the Act enacting this chapter.
5249 (b) The boundaries and field notes contained in Section 2 of
5350 the Act enacting this chapter form a closure. A mistake made in the
5451 field notes or in copying the field notes in the legislative process
5552 does not affect the district's:
5653 (1) organization, existence, or validity;
5754 (2) right to issue any type of bond for the purposes
5855 for which the district is created or to pay the principal of and
5956 interest on a bond;
6057 (3) right to impose a tax; or
6158 (4) legality or operation.
6259 SUBCHAPTER B. BOARD OF DIRECTORS
6360 Sec. 7991.051. GOVERNING BODY; TERMS. (a) The district is
6461 governed by a board of five elected directors.
6562 (b) Except as provided by Section 7991.052, directors serve
6663 staggered four-year terms.
6764 Sec. 7991.052. TEMPORARY DIRECTORS. (a) The temporary
6865 board consists of:
69- (1) Coby Trent Elliott;
70- (2) Darrian Rainer Wright;
71- (3) Alma Lopez;
72- (4) Rosemarie S. Vitullo; and
73- (5) Gary Joseph Mitchell.
66+ (1) _________________;
67+ (2) _________________;
68+ (3) _________________;
69+ (4) _________________; and
70+ (5) _________________.
7471 (b) Temporary directors serve until the earlier of:
7572 (1) the date permanent directors are elected under
7673 Section 7991.003; or
7774 (2) September 1, 2021.
7875 (c) If permanent directors have not been elected under
7976 Section 7991.003 and the terms of the temporary directors have
8077 expired, successor temporary directors shall be appointed or
8178 reappointed as provided by Subsection (d) to serve terms that
8279 expire on the earlier of:
8380 (1) the date permanent directors are elected under
8481 Section 7991.003; or
8582 (2) the fourth anniversary of the date of the
8683 appointment or reappointment.
8784 (d) If Subsection (c) applies, the owner or owners of a
8885 majority of the assessed value of the real property in the district
8986 may submit a petition to the commission requesting that the
9087 commission appoint as successor temporary directors the five
9188 persons named in the petition. The commission shall appoint as
9289 successor temporary directors the five persons named in the
9390 petition.
9491 SUBCHAPTER C. POWERS AND DUTIES
9592 Sec. 7991.101. GENERAL POWERS AND DUTIES. The district has
9693 the powers and duties necessary to accomplish the purposes for
9794 which the district is created.
9895 Sec. 7991.102. MUNICIPAL UTILITY DISTRICT POWERS AND
9996 DUTIES. The district has the powers and duties provided by the
10097 general law of this state, including Chapters 49 and 54, Water Code,
10198 applicable to municipal utility districts created under Section 59,
10299 Article XVI, Texas Constitution.
103100 Sec. 7991.103. AUTHORITY FOR ROAD PROJECTS. Under Section
104101 52, Article III, Texas Constitution, the district may design,
105102 acquire, construct, finance, issue bonds for, improve, and convey
106103 to this state, a county, or a municipality for operation and
107104 maintenance macadamized, graveled, or paved roads or improvements,
108105 including storm drainage, in aid of those roads.
109106 Sec. 7991.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
110107 project must meet all applicable construction standards, zoning and
111108 subdivision requirements, and regulations of each municipality in
112109 whose corporate limits or extraterritorial jurisdiction the road
113110 project is located.
114111 (b) If a road project is not located in the corporate limits
115112 or extraterritorial jurisdiction of a municipality, the road
116113 project must meet all applicable construction standards,
117114 subdivision requirements, and regulations of each county in which
118115 the road project is located.
119116 (c) If the state will maintain and operate the road, the
120117 Texas Transportation Commission must approve the plans and
121118 specifications of the road project.
122119 Sec. 7991.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
123120 OR RESOLUTION. The district shall comply with all applicable
124121 requirements of any ordinance or resolution that is adopted under
125122 Section 54.016 or 54.0165, Water Code, and that consents to the
126123 creation of the district or to the inclusion of land in the
127124 district.
128125 Sec. 7991.106. DIVISION OF DISTRICT. (a) The district may
129126 be divided into two or more new districts only if:
130127 (1) the district has no outstanding bonded debt;
131128 (2) the district is not imposing ad valorem taxes; and
132129 (3) the requirements of Subsection (k) have been met.
133130 (b) This chapter applies to any new district created by the
134131 division of the district, and a new district has all the powers and
135132 duties of the district.
136133 (c) Any new district created by the division of the district
137134 may not, at the time the new district is created, contain any land
138- outside the area described by Section 2 of the Act enacting this
135+ outside the area described by Section 2 of the Act creating this
139136 chapter.
140137 (d) The board, on its own motion or on receipt of a petition
141138 signed by the owner or owners of a majority of the assessed value of
142139 the real property in the district, may adopt an order dividing the
143140 district.
144141 (e) The board may adopt an order dividing the district
145142 before or after the date the board holds an election under Section
146143 7991.003 to confirm the creation of the district.
147144 (f) An order dividing the district shall:
148145 (1) name each new district;
149146 (2) include the metes and bounds description of the
150147 territory of each new district;
151148 (3) appoint temporary directors for each new district;
152149 and
153150 (4) provide for the division of assets and liabilities
154151 between or among the new districts.
155152 (g) On or before the 30th day after the date of adoption of
156153 an order dividing the district, the district shall file the order
157154 with the commission and record the order in the real property
158155 records of each county in which the district is located.
159156 (h) Any new district created by the division of the district
160157 shall hold a confirmation and directors' election as required by
161158 Section 7991.003.
162159 (i) If the creation of the new district is confirmed, the
163160 new district shall provide the election date and results to the
164161 commission.
165162 (j) Any new district created by the division of the district
166163 must hold an election as required by this chapter to obtain voter
167164 approval before the district may impose a maintenance tax or issue
168165 bonds payable wholly or partly from ad valorem taxes.
169166 (k) If the district is located wholly or partly in the
170167 corporate limits or the extraterritorial jurisdiction of a
171168 municipality, the district may not divide under this section unless
172169 the municipality by resolution or ordinance consents to the
173170 division of the district. If the district is not located wholly or
174171 partly in the corporate limits or extraterritorial jurisdiction of
175172 a municipality, the district may not divide under this section
176173 unless the commissioners court of each county in which the district
177174 is wholly or partly located adopts a resolution or order consenting
178175 to the division of the district.
179176 Sec. 7991.107. LIMITATION ON USE OF EMINENT DOMAIN. The
180177 district may not exercise the power of eminent domain outside the
181178 district to acquire a site or easement for:
182179 (1) a road project authorized by Section 7991.103; or
183180 (2) a recreational facility as defined by Section
184181 49.462, Water Code.
185182 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
186183 Sec. 7991.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
187184 district may issue, without an election, bonds and other
188185 obligations secured by revenue other than ad valorem taxes.
189186 (b) The district must hold an election in the manner
190187 provided by Chapters 49 and 54, Water Code, to obtain voter approval
191188 before the district may impose an ad valorem tax or issue bonds
192189 payable from ad valorem taxes.
193190 (c) The district may not issue bonds payable from ad valorem
194191 taxes to finance a road project unless the issuance is approved by a
195192 vote of a two-thirds majority of the district voters voting at an
196193 election held for that purpose.
197194 Sec. 7991.152. OPERATION AND MAINTENANCE TAX. (a) If
198195 authorized at an election held under Section 7991.151, the district
199196 may impose an operation and maintenance tax on taxable property in
200197 the district in accordance with Section 49.107, Water Code.
201198 (b) The board shall determine the tax rate. The rate may not
202199 exceed the rate approved at the election.
203200 Sec. 7991.153. CONTRACT TAXES. (a) In accordance with
204201 Section 49.108, Water Code, the district may impose a tax other than
205202 an operation and maintenance tax and use the revenue derived from
206203 the tax to make payments under a contract after the provisions of
207204 the contract have been approved by a majority of the district voters
208205 voting at an election held for that purpose.
209206 (b) A contract approved by the district voters may contain a
210207 provision stating that the contract may be modified or amended by
211208 the board without further voter approval.
212209 Sec. 7991.154. WATER AND SEWER RATES. Notwithstanding any
213210 other law, the district shall establish the same rates for
214211 residential and commercial classes of customers for the provision
215212 of water and sewer services. For purposes of this section, the
216213 commercial class may not include apartment complexes or other
217214 multifamily dwellings.
218215 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
219216 Sec. 7991.201. AUTHORITY TO ISSUE BONDS AND OTHER
220217 OBLIGATIONS. The district may issue bonds or other obligations
221218 payable wholly or partly from ad valorem taxes, impact fees,
222219 revenue, contract payments, grants, or other district money, or any
223220 combination of those sources, to pay for any authorized district
224221 purpose.
225222 Sec. 7991.202. TAXES FOR BONDS. At the time the district
226223 issues bonds payable wholly or partly from ad valorem taxes, the
227224 board shall provide for the annual imposition of a continuing
228225 direct ad valorem tax, without limit as to rate or amount, while all
229226 or part of the bonds are outstanding as required and in the manner
230227 provided by Sections 54.601 and 54.602, Water Code.
231228 Sec. 7991.203. BONDS FOR ROAD PROJECTS. At the time of
232229 issuance, the total principal amount of bonds or other obligations
233230 issued or incurred to finance road projects and payable from ad
234231 valorem taxes may not exceed one-fourth of the assessed value of the
235232 real property in the district.
236233 SECTION 2. The River Ranch Municipal Utility District of
237234 Liberty County initially includes all the territory contained in
238235 the following area:
239- Being 6980.02 acres of land situated in the William Bloodgood
240- Survey, Abstract 3, the William D. Smith Survey, Abstract 106, the
241- H. E. & W. RR. Number 1131 Survey, Abstract 515, the William E.
242- Kierstead Survey, Abstract 693, the George Pace Survey, Abstract
243- 805, the Louis Davis Survey, Abstract 18, the A. P. Blackwell
244- Survey, Abstract 782, the Robert Wiseman Survey, Abstract 392, and
245- the T. & N. O. RR. Survey, Abstract 383, in Liberty County, Texas,
246- and being the residue of that called 7449.781 acres of land as
247- recorded in Liberty County Clerk's File Number 2009008952 and being
248- more particularly described by metes and bounds as follows;
249- BEGINNING, at a found five eighths inch iron rod, marking the most
250- northwesterly corner of said called 7450.588 acre tract, the
236+ Tract 1:
237+ Being 6980.694 acres of land situated in the William
238+ Bloodgood Survey, Abstract 3, the William D. Smith Survey, Abstract
239+ 106, the H. E. & W. RR. Number 1131 Survey, Abstract 515, the
240+ William E. Kierstead Survey, Abstract 693, the George Pace Survey,
241+ Abstract 805, the Louis Davis Survey, Abstract 18, the A. P.
242+ Blackwell Survey, Abstract 782, the Robert Wiseman Survey, Abstract
243+ 392, and the T. & N. O. RR. Survey, Abstract 383, in Liberty County,
244+ Texas, and being the residue of that called 7449.781 acres of land
245+ as recorded in Liberty County Clerk's File Number 2009008952 and
246+ being more particularly described by metes and bounds as follows;
247+ BEGINNING, at a found five eighths inch iron rod, marking the
248+ most northwesterly corner of said called 7450.588 acre tract, the
251249 southwesterly corner of a called 17.56 acre tract as recorded in
252250 Liberty County Clerk's File Number 2006012623 and in the east line
253251 of State Highway 146 (width varies). Said BEGINNING point having a
254- Texas State Plane Coordinate System, Central Zone (4203) Value of
252+ Texas State Plane Coordinate System, Central Zone (4204) Value of
255253 Y= 9,997,553.25 and X= 4,013,812.92 (GRID);
256- 1. THENCE, North 58 degrees 04 minutes 55 seconds East, along the
257- most northerly line of said called 7450.588 acre tract and the south
258- line of said called 17.56 acre tract, for a distance of 2,611.49
259- feet (called 2,601.00 feet), to a found one half inch iron rod
260- (disturbed) for an angle point;
261- 2. THENCE, North 87 degrees 23 minutes 42 seconds East, continuing
262- along the northerly line of said called 7450.588 acre tract and the
263- south line of said called 17.56 acre tract, for a distance of 74.68
264- feet (called 74.54 feet) to a found one half inch iron rod
265- (disturbed) for an interior corner;
266- 3. THENCE, North 02 degrees 41 minutes 57 seconds West, along an
267- interior corner of said called 7450.588 acre tract, for a distance
268- of 139.09 feet (called 138.89 feet), to a found one half inch iron
269- rod, marking an exterior corner of said called 7450.58 acre tract;
270- 4. THENCE, North 87 degrees 27 minutes 21 seconds East, along an
271- exterior line of said called 7450.588 acre tract, a distance of
272- 1038.04 feet to a found two inch iron pipe (disturbed);
273- 5. THENCE, North 87 degrees 20 minutes 53 seconds East continuing
274- along an exterior line of said called 7450.588 acre tract a distance
275- of 6578.98 feet to a found two inch iron pipe;
276- 6. THENCE, South 02 degrees 39 minutes 21 seconds East continuing
277- along an exterior line of said called 7450.588 acre tract a distance
278- of 139.61 feet to a found two inch iron pipe;
279- 7. THENCE, North 87 degrees 16 minutes 21 seconds East continuing
280- along an exterior line of said called 7450.588 acre tract a distance
281- of 7238.81 feet to a found two inch iron pipe in the westerly
282- right-of-way line of Liberty County Road Number 455;
283- 8. THENCE, South 15 degrees 26 minutes 45 seconds East along said
284- westerly right-of-way line of Liberty County Road Number 455, a
285- distance of 1458.52 feet to a found two inch iron pipe;
286- 9. THENCE, North 86 degrees 22 minutes 33 seconds East a distance
287- of 61.66 feet to a found one half inch iron rod with cap 'BHA'
288- marking the north west corner of a called 2.67 acres as recorded in
289- Liberty County Clerks (LCCFN) 2012007988;
290- 10. THENCE, South 15 degrees 08 minutes 32 seconds East along the
291- west line of said called 2.67 acres, a distance of 770.50 feet to an
292- angle point;
293- 11. THENCE, South 00 degrees 46 minutes 36 seconds West a distance
294- of 349.09 feet to a found one and one half inch iron pipe marking the
295- northeast corner of a called 4.113 acres LCCFN 20108323;
296- 12. THENCE, North 89 degrees 38 minutes 50 seconds West along the
297- northerly line of said a called 4.113 acres, a distance of 631.10
298- feet to a found one half inch iron rod with cap '5068';
299- 13. THENCE, South 03 degrees 14 minutes 43 seconds East along the
300- westerly line of said a called 4.113 acres, a distance of 238.21
301- feet to a found one and one half inch iron pipe;
302- 14. THENCE, South 77 degrees 57 minutes 13 seconds East along the
303- southerly line of said a called 4.113 acres a distance of 100.90
304- feet to the northerly line of called Possible Conflict Area in LCCFN
305- 20078486;
306- 15. THENCE, South 87 degrees 10 minutes 33 seconds West along the
307- northerly line of called Possible Conflict Area, a distance of
308- 1866.59 feet to a found one and one half inch iron pipe (destroyed);
309- 16. THENCE, South 03 degrees 22 minutes 15 seconds East along the
310- westerly line of called Possible Conflict Area, a distance of
311- 103.25 feet to a 'Boat Spike in Concrete' marking the fenced
312- northerly of Hilton tract as recorded at LCCFN 20078486;
313- 17. THENCE, South 02 degrees 53 minutes 32 seconds East along the
314- said Hilton tract, a distance of 3361.75 feet to a found one and one
315- half inch rod being in the north line of 1454.19 acre tract
316- described in Volume 1307, Page 88 of the Deed Records of Liberty
317- County (DRLC);
318- 18. THENCE, South 87 degrees 17 minutes 29 seconds West along the
319- north line of said 1454.19 acre tract a distance of 463.43 feet to a
320- found one and one half inch rod;
321- 19. THENCE, South 03 degrees 53 minutes 48 seconds East along the
322- west line of said 1454.19 acre tract, and the west line of that
323- certain called 473.221 acre tract described in Volume 1933, Page
324- 384 DRLC, a distance of 11,157.52 feet to found two inch iron pipe
325- marking the southwest corner of said 473.221 acre tract;
326- 20. THENCE, North 85 degrees 18 minutes 55 seconds East along the
327- south line of said 473.221 acre tract, a distance of 1570.06 feet to
328- found two and one half inch iron pipe;
329- 21. THENCE, North 85 degrees 03 minutes 56 seconds East continuing
330- along said south line of said 473.221 acre tract, a distance of
331- 1730.86 feet to a found five eighths inch iron rod in northwesterly
332- right-of-way line of the Coastal Industrial Water Authority Canal;
333- THENCE along and with said Coastal Industrial Water Authority Canal
334- right-of-way, the following six (6) courses:
254+ 1. THENCE, North 58 degrees 04 minutes 55 seconds East,
255+ along the most northerly line of said called 7450.588 acre tract and
256+ the south line of said called 17.56 acre tract, for a distance of
257+ 2,611.49 feet (called 2,601.00 feet), to a found one half inch iron
258+ rod (disturbed) for an angle point;
259+ 2. THENCE, North 87 degrees 23 minutes 42 seconds East,
260+ continuing along the northerly line of said called 7450.588 acre
261+ tract and the south line of said called 17.56 acre tract, for a
262+ distance of 74.68 feet (called 74.54 feet) to a found one half inch
263+ iron rod (disturbed) for an interior corner;
264+ 3. THENCE, North 02 degrees 41 minutes 57 seconds West,
265+ along an interior corner of said called 7450.588 acre tract, for a
266+ distance of 139.09 feet (called 138.89 feet), to a found one half
267+ inch iron rod, marking an exterior corner of said called 7450.58
268+ acre tract;
269+ 4. THENCE, North 87 degrees 27 minutes 21 seconds East,
270+ along an exterior line of said called 7450.588 acre tract, a
271+ distance of 1038.04 feet to a found two inch iron pipe (disturbed);
272+ 5. THENCE, North 87 degrees 20 minutes 53 seconds East
273+ continuing along an exterior line of said called 7450.588 acre
274+ tract a distance of 6578.98 feet to a found two inch iron pipe;
275+ 6. THENCE, South 02 degrees 39 minutes 21 seconds East
276+ continuing along an exterior line of said called 7450.588 acre
277+ tract a distance of 139.61 feet to a found two inch iron pipe;
278+ 7. THENCE, North 87 degrees 16 minutes 21 seconds East
279+ continuing along an exterior line of said called 7450.588 acre
280+ tract a distance of 7238.81 feet to a found two inch iron pipe in the
281+ westerly right-of-way line of Liberty County Road Number 455;
282+ 8. THENCE, South 15 degrees 26 minutes 45 seconds East along
283+ said westerly right-of-way line of Liberty County Road Number 455,
284+ a distance of 1458.52 feet to a found two inch iron pipe;
285+ 9. THENCE, North 86 degrees 22 minutes 33 seconds East a
286+ distance of 61.66 feet to a found one half inch iron rod with
287+ cap 'BHA' marking the north west corner of a called 2.67 acres as
288+ recorded in Liberty County Clerks (LCCFN) 2012007988;
289+ 10. THENCE, South 15 degrees 08 minutes 32 seconds East
290+ along the west line of said called 2.67 acres, a distance of 770.50
291+ feet to an angle point;
292+ 11. THENCE, South 00 degrees 46 minutes 36 seconds West a
293+ distance of 349.09 feet to a found one and one half inch iron pipe
294+ marking the northeast corner of a called 4.113 acres LCCFN
295+ 20108323;
296+ 12. THENCE, North 89 degrees 38 minutes 50 seconds West
297+ along the northerly line of said a called 4.113 acres, a distance of
298+ 631.10 feet to a found one half inch iron rod with cap '5068';
299+ 13. THENCE, South 03 degrees 14 minutes 43 seconds East
300+ along the westerly line of said a called 4.113 acres, a distance of
301+ 238.21 feet to a found one and one half inch iron pipe;
302+ 14. THENCE, South 77 degrees 57 minutes 13 seconds East
303+ along the southerly line of said a called 4.113 acres a distance of
304+ 100.90 feet to the northerly line of called Possible Conflict Area
305+ in LCCFN 20078486;
306+ 15. THENCE, South 87 degrees 10 minutes 33 seconds West
307+ along the northerly line of called Possible Conflict Area, a
308+ distance of 1866.59 feet to a found one and one half inch iron pipe
309+ (destroyed);
310+ 16. THENCE, South 03 degrees 22 minutes 15 seconds East
311+ along the westerly line of called Possible Conflict Area, a
312+ distance of 103.25 feet to a 'Boat Spike in Concrete' marking the
313+ fenced northerly of Hilton tract as recorded at LCCFN 20078486;
314+ 17. THENCE, South 02 degrees 53 minutes 32 seconds East
315+ along the said Hilton tract, a distance of 3361.75 feet to a found
316+ one and one half inch rod being in the north line of 1454.19 acre
317+ tract described in Volume 1307, Page 88 of the Deed Records of
318+ Liberty County (DRLC);
319+ 18. THENCE, South 87 degrees 17 minutes 29 seconds West
320+ along the north line of said 1454.19 acre tract a distance of 463.43
321+ feet to a found one and one half inch rod;
322+ 19. THENCE, South 03 degrees 53 minutes 48 seconds East
323+ along the west line of said 1454.19 acre tract, and the west line of
324+ that certain called 473.221 acre tract described in Volume 1933,
325+ Page 384 DRLC, a distance of 11,157.52 feet to found two inch iron
326+ pipe marking the southwest corner of said 473.221 acre tract;
327+ 20. THENCE, North 85 degrees 18 minutes 55 seconds East
328+ along the south line of said 473.221 acre tract, a distance of
329+ 1570.06 feet to found two and one half inch iron pipe;
330+ 21. THENCE, North 85 degrees 03 minutes 56 seconds East
331+ continuing along said south line of said 473.221 acre tract, a
332+ distance of 1730.86 feet to a found five eighths inch iron rod in
333+ northwesterly right-of-way line of the Coastal Industrial Water
334+ Authority Canal;
335+ THENCE along and with said Coastal Industrial Water Authority
336+ Canal right-of-way, the following six (6) courses:
335337 1) THENCE, along a curve to the right 232.37 feet along,
336338 said curve having a radius of 727.99 feet said curve having a chord
337339 direction of South 33 degrees 18 minutes 41 seconds West and a chord
338340 length of 231.39 feet;
339- 2) THENCE, South 43 degrees 33 minutes 12 seconds West a
340- distance of 879.97 feet to a found five eighths inch iron rod;
341- 3) THENCE, South 43 degrees 21 minutes 29 seconds West a
342- distance of 717.51 feet to a found five eighths inch iron rod;
343- 4) THENCE, South 42 degrees 46 minutes 40 seconds West a
344- distance of 6748.15 feet to a found five eighths inch iron rod;
341+ 2) THENCE, South 43 degrees 29 minutes 55 seconds West a
342+ distance of 879.49 feet to an angle point;
343+ 3) THENCE, South 43 degrees 21 minutes 34 seconds West a
344+ distance of 717.39 feet to an angle point;
345+ 4) THENCE, South 42 degrees 47 minutes 05 seconds West a
346+ distance of 6748.74 feet to a found five eighths inch iron rod;
345347 5) THENCE, South 68 degrees 32 minutes 55 seconds West a
346348 distance of 388.20 feet to a found five eighths inch iron rod;
347349 6) THENCE, South 01 degrees 29 minutes 02 seconds East a
348350 distance of 117.76 feet to the centerline of Old River;
349- THENCE along and with said centerline of Old River, same being said
350- Wiseman Survey westerly line and said Welch Survey easterly line,
351- the following sixty-five (65) courses:
351+ THENCE along and with said centerline of Old River, same
352+ being said Wiseman Survey westerly line and said Welch Survey
353+ easterly line, the following sixty-five (65) courses:
352354 1) THENCE, South 58 degrees 09 minutes 08 seconds West a
353355 distance of 15.75 feet to an angle point;
354356 2) THENCE, North 64 degrees 44 minutes 18 seconds West a
355357 distance of 91.26 feet to an angle point;
356358 3) THENCE, North 32 degrees 00 minutes 26 seconds West a
357359 distance of 136.24 feet to an angle point;
358360 4) THENCE, South 66 degrees 19 minutes 52 seconds West a
359361 distance of 64.65 feet to an angle point;
360362 5) THENCE, North 43 degrees 26 minutes 23 seconds West a
361363 distance of 46.30 feet to an angle point;
362364 6) THENCE, North 29 degrees 49 minutes 53 seconds West a
363365 distance of 59.08 feet to an angle point;
364366 7) THENCE, North 06 degrees 18 minutes 15 seconds East a
365367 distance of 37.01 feet to an angle point;
366368 8) THENCE, North 23 degrees 39 minutes 11 seconds East a
367369 distance of 52.62 feet to an angle point;
368370 9) THENCE, North 31 degrees 33 minutes 27 seconds East a
369371 distance of 77.59 feet to an angle point;
370372 10) THENCE, North 13 degrees 09 minutes 50 seconds East a
371373 distance of 87.73 feet to an angle point;
372374 11) THENCE, North 20 degrees 07 minutes 22 seconds West a
373375 distance of 11.17 feet to an angle point;
374376 12) THENCE, North 59 degrees 01 minutes 35 seconds West a
375377 distance of 62.45 feet to an angle point;
376378 13) THENCE, North 46 degrees 03 minutes 11 seconds West a
377379 distance of 30.31 feet to an angle point;
378380 14) THENCE, North 14 degrees 26 minutes 18 seconds East a
379381 distance of 104.09 feet to an angle point;
380382 15) THENCE, North 27 degrees 55 minutes 38 seconds West a
381383 distance of 38.19 feet to an angle point;
382384 16) THENCE, North 36 degrees 17 minutes 37 seconds West a
383385 distance of 60.70 feet to an angle point;
384386 17) THENCE, North 35 degrees 26 minutes 18 seconds East a
385387 distance of 23.80 feet to an angle point;
386388 18) THENCE, North 69 degrees 01 minutes 02 seconds East a
387389 distance of 165.04 feet to an angle point;
388390 19) THENCE, North 43 degrees 19 minutes 31 seconds East a
389391 distance of 21.99 feet to an angle point;
390392 20) THENCE, North 16 degrees 10 minutes 24 seconds East a
391393 distance of 46.70 feet to an angle point;
392394 21) THENCE, North 17 degrees 01 minutes 36 seconds West a
393395 distance of 86.60 feet to an angle point;
394396 22) THENCE, North 08 degrees 32 minutes 02 seconds West a
395397 distance of 87.59 feet to an angle point;
396398 23) THENCE, North 10 degrees 49 minutes 06 seconds East a
397399 distance of 19.61 feet to an angle point;
398400 24) THENCE, North 69 degrees 03 minutes 33 seconds East a
399401 distance of 16.49 feet to an angle point;
400402 25) THENCE, South 63 degrees 21 minutes 41 seconds East a
401403 distance of 123.98 feet to an angle point;
402404 26) THENCE, North 84 degrees 00 minutes 08 seconds East a
403405 distance of 46.55 feet to an angle point;
404406 27) THENCE, North 25 degrees 09 minutes 01 seconds East a
405407 distance of 20.14 feet to an angle point;
406408 28) THENCE, North 15 degrees 23 minutes 39 seconds East a
407409 distance of 22.11 feet to an angle point;
408410 29) THENCE, North 66 degrees 13 minutes 45 seconds East a
409411 distance of 41.01 feet to an angle point;
410412 30) THENCE, North 84 degrees 10 minutes 10 seconds East a
411413 distance of 43.69 feet to an angle point;
412414 31) THENCE, South 68 degrees 10 minutes 57 seconds East a
413415 distance of 121.53 feet to an angle point;
414416 32) THENCE, North 84 degrees 58 minutes 51 seconds East a
415417 distance of 22.29 feet to an angle point;
416418 33) THENCE, North 63 degrees 25 minutes 30 seconds East a
417419 distance of 23.15 feet to an angle point;
418420 34) THENCE, North 07 degrees 58 minutes 23 seconds East a
419421 distance of 38.31 feet to an angle point;
420422 35) THENCE, North 02 degrees 03 minutes 41 seconds East a
421423 distance of 53.18 feet to an angle point;
422424 36) THENCE, North 32 degrees 30 minutes 05 seconds East a
423425 distance of 130.71 feet to an angle point;
424426 37) THENCE, North 47 degrees 36 minutes 35 seconds East a
425427 distance of 110.53 feet to an angle point;
426428 38) THENCE, North 04 degrees 43 minutes 59 seconds West a
427429 distance of 30.78 feet to an angle point;
428430 39) THENCE, North 33 degrees 31 minutes 55 seconds West a
429431 distance of 26.08 feet to an angle point;
430432 40) THENCE, North 39 degrees 08 minutes 01 seconds West a
431433 distance of 66.79 feet to an angle point;
432434 41) THENCE, North 22 degrees 19 minutes 44 seconds East a
433435 distance of 38.56 feet to an angle point;
434436 42) THENCE, North 54 degrees 43 minutes 58 seconds East a
435437 distance of 38.32 feet to an angle point;
436438 43) THENCE, South 65 degrees 09 minutes 17 seconds East a
437439 distance of 103.31 feet to an angle point;
438440 44) THENCE, North 28 degrees 04 minutes 20 seconds East a
439441 distance of 37.48 feet to an angle point;
440442 45) THENCE, North 08 degrees 48 minutes 54 seconds East a
441443 distance of 114.60 feet to an angle point;
442444 46) THENCE, North 21 degrees 43 minutes 04 seconds East a
443445 distance of 107.20 feet to an angle point;
444446 47) THENCE, North 55 degrees 52 minutes 47 seconds West a
445447 distance of 19.09 feet to an angle point;
446448 48) THENCE, North 80 degrees 47 minutes 51 seconds West a
447449 distance of 84.42 feet to an angle point;
448450 49) THENCE, South 70 degrees 45 minutes 49 seconds West a
449451 distance of 98.65 feet to an angle point;
450452 50) THENCE, North 08 degrees 27 minutes 34 seconds West a
451453 distance of 74.91 feet to an angle point;
452454 51) THENCE, North 42 degrees 34 minutes 37 seconds West a
453455 distance of 55.08 feet to an angle point;
454456 52) THENCE, North 03 degrees 20 minutes 32 seconds West a
455457 distance of 134.32 feet to an angle point;
456458 53) THENCE, North 10 degrees 41 minutes 17 seconds West a
457459 distance of 227.57 feet to an angle point;
458460 54) THENCE, North 60 degrees 20 minutes 56 seconds East a
459461 distance of 77.08 feet to an angle point;
460462 55) THENCE, North 44 degrees 11 minutes 48 seconds East a
461463 distance of 40.40 feet to an angle point;
462464 56) THENCE, North 26 degrees 03 minutes 04 seconds West a
463465 distance of 73.67 feet to an angle point;
464466 57) THENCE, North 24 degrees 08 minutes 47 seconds East a
465467 distance of 73.80 feet to an angle point;
466468 58) THENCE, North 36 degrees 57 minutes 07 seconds East a
467469 distance of 178.12 feet to an angle point;
468470 59) THENCE, North 16 degrees 05 minutes 57 seconds West a
469471 distance of 84.97 feet to an angle point;
470472 60) THENCE, North 01 degrees 11 minutes 32 seconds East a
471473 distance of 125.69 feet to an angle point;
472474 61) THENCE, North 83 degrees 06 minutes 00 seconds East a
473475 distance of 28.45 feet to an angle point;
474476 62) THENCE, North 04 degrees 15 minutes 12 seconds West a
475477 distance of 338.20 feet to an angle point;
476478 63) THENCE, North 16 degrees 11 minutes 51 seconds West a
477479 distance of 34.92 feet to an angle point;
478480 64) THENCE, North 73 degrees 51 minutes 47 seconds West a
479481 distance of 50.61 feet to an angle point;
480482 65) THENCE, South 87 degrees 32 minutes 41 seconds West a
481483 distance of 68.54 feet to the most southerly corner of that certain
482484 called 22.50 acre tract described in Volume 1619, page 569 of the
483485 DRLC;
484- 22. THENCE, North 57 degrees 02 minutes 30 seconds East along and
485- with the southeast line of said 22.50 acre tract, same being the
486- northwest line of said 77.50 acre tract, a distance of 2451.67 feet
487- to east corner of said 22.50 acre tract;
488- 23. THENCE, North 32 degrees 57 minutes 30 seconds West along and
489- with said 22.50 acre tract, a distance of 419.64 feet to a found
490- five eighths inch iron rod marking the north corner of said 22.50
491- tract;
492- 24. THENCE, South 57 degrees 03 minutes 57 seconds West a distance
493- of 5846.98 feet to a found five eighths inch iron rod with cap 'BHA
494- INC' the southeast corner of a called 68.1917 acre tract recorded at
495- LCCFN 2012016189;
496- 25. THENCE, North 07 degrees 59 minutes 42 seconds West along the
497- east line of said called 68.1917 acre tract, a distance of 2943.33
498- feet to the most northerly corner of said called 68.1917 acre tract;
499- 26. THENCE, South 19 degrees 28 minutes 28 seconds West along the
500- westerly line of said called 68.1917 acre tract, 4375.56 feet to a
501- found five eighths inch iron rod with cap 'BHA INC' the original
502- southerly line of said called 7449.781 acre tract;
503- 27. THENCE, South 57 degrees 03 minutes 46 seconds West along said
504- original southerly line of said called 7449.781 acre tract a
505- distance of 751.74 feet to a found five eighths inch iron rod with
506- cap 'BHA INC' the southeast corner of a called 326.1099 acre tract
507- recorded at LCCFN 2012016189;
508- 28. THENCE, North 19 degrees 32 minutes 27 seconds East along the
509- easterly line of said called 326.1099 acre tract, a distance of
510- 5769.72 feet to a found five eighths inch iron rod with cap 'BHA INC'
511- the most northeasterly corner of said called 326.1099 acre tract;
512- 29. THENCE, South 56 degrees 18 minutes 04 seconds West along the
513- northerly line of said called 326.1099 acre tract, a distance of
514- 620.59 feet to a found five eighths inch iron rod with cap 'BHA INC';
515- 30. THENCE, South 57 degrees 47 minutes 30 seconds West continuing
486+ 22. THENCE, North 57 degrees 02 minutes 30 seconds East
487+ along and with the southeast line of said 22.50 acre tract, same
488+ being the northwest line of said 77.50 acre tract, a distance of
489+ 2451.67 feet to east corner of said 22.50 acre tract;
490+ 23. THENCE, North 32 degrees 57 minutes 30 seconds West
491+ along and with said 22.50 acre tract, a distance of 419.64 feet to a
492+ found five eighths inch iron rod marking the north corner of said
493+ 22.50 tract;
494+ 24. THENCE, South 57 degrees 02 minutes 30 seconds West a
495+ distance of 5846.47 feet to the southeast corner of a called
496+ 68.1917 acre tract recorded at LCCFN 2012016189;
497+ 25. THENCE, North 07 degrees 59 minutes 54 seconds West
498+ along the east line of said called 68.1917 acre tract, a distance of
499+ 2939.15 feet to the most northerly corner of said called 68.1917
500+ acre tract;
501+ 26. THENCE, South 19 degrees 28 minutes 46 seconds West
502+ along the westerly line of said called 68.1917 acre tract, a
503+ distance of 4375.10 feet to original southerly line of said called
504+ 7449.781 acre tract;
505+ 27. THENCE, South 57 degrees 02 minutes 30 seconds West
506+ along said original southerly line of said called 7449.781 acre
507+ tract a distance of 761.40 feet to the southeast corner of a called
508+ 326.1099 acre tract recorded at LCCFN 2012016189;
509+ 28. THENCE, North 19 degrees 32 minutes 39 seconds East
510+ along the easterly line of said called 326.1099 acre tract, a
511+ distance of 5781.38 feet to the most northeasterly corner of said
512+ called 326.1099 acre tract;
513+ 29. THENCE, South 56 degrees 18 minutes 06 seconds West
516514 along the northerly line of said called 326.1099 acre tract, a
517- distance of 877.17 feet to a found five eighths inch iron rod with
518- cap 'BHA INC';
519- 31. THENCE, South 58 degrees 39 minutes 47 seconds West continuing
520- along the northerly line of said called 326.1099 acre tract, a
521- distance of 161.98 feet to a found five eighths inch iron rod with
522- cap 'BHA INC';
523- 32. THENCE, South 68 degrees 31 minutes 35 seconds West continuing
524- along the northerly line of said called 326.1099 acre tract, a
525- distance of 151.08 feet to a found five eighths inch iron rod with
526- cap 'BHA INC';
527- 33. THENCE, South 59 degrees 23 minutes 14 seconds West continuing
528- along the northerly line of said called 326.1099 acre tract, a
529- distance of 156.34 feet to a found five eighths inch iron rod with
530- cap 'BHA INC';
531- 34. THENCE, South 56 degrees 31 minutes 46 seconds West continuing
532- along the northerly line of said called 326.1099 acre tract, a
533- distance of 661.76 feet to a found five eighths inch iron rod with
534- cap 'BHA INC';
535- 35. THENCE, South 57 degrees 20 minutes 26 seconds West continuing
536- along the northerly line of said called 326.1099 acre tract, a
537- distance of 811.33 feet to a found five eighths inch iron rod with
538- cap 'BHA INC';
539- 36. THENCE, South 57 degrees 06 minutes 17 seconds West continuing
540- along the northerly line of said called 326.1099 acre tract, a
541- distance of 1865.29 feet to a found five eighths inch iron rod with
542- cap 'BHA INC' the most westerly northwest corner of said called
543- 326.1099 acre tract;
544- 37. THENCE, South 56 degrees 57 minutes 24 seconds West a distance
545- of 1137.99 feet a found one half inch iron rod for the most westerly
546- northwest corner of said called 326.1099 acre tract;
547- 38. THENCE, South 33 degrees 26 minutes 26 seconds East a distance
548- of 448.39 feet to a found five eighths inch iron rod with cap 'BHA
549- INC';
550- 39. THENCE, South 56 degrees 53 minutes 12 seconds West a distance
551- of 1150.30 feet to a found five eighths inch iron rod with cap 'BHA
552- INC' in east right-of-way line of State Highway Number 146;
553- THENCE, along and with said east right-of-way line of State Highway
554- Number 146, the following nine (9) courses:
555- 1) THENCE, North 11 degrees 11 minutes 04 seconds West a
556- distance of 10062.63 feet to a TXDoT type ll monument for the point
557- of curvature of a curve to the right;
558- 2) THENCE, an arc distance of 1298.55 feet along a curve to
559- the right, said curve having a radius of 22803.27 feet and a chord
560- direction and distance of North 09 degrees 32 minutes 08 seconds
561- West 1298.37 feet to a TXDoT type ll monument (disturbed);
562- 3) THENCE, North 07 degrees 55 minutes 26 seconds West a
563- distance of 2291.62 feet to a TXDoT type ll monument for the point
564- of curvature of a curve to the left;
515+ distance of 620.57 feet to an angle point;
516+ 30. THENCE, South 57 degrees 47 minutes 53 seconds West
517+ continuing along the northerly line of said called 326.1099 acre
518+ tract, a distance of 877.05 feet to an angle point;
519+ 31. THENCE, South 58 degrees 40 minutes 55 seconds West
520+ continuing along the northerly line of said called 326.1099 acre
521+ tract, a distance of 161.92 feet to an angle point;
522+ 32. THENCE, South 68 degrees 29 minutes 27 seconds West
523+ continuing along the northerly line of said called 326.1099 acre
524+ tract, a distance of 151.09 feet to an angle point;
525+ 33. THENCE, South 59 degrees 21 minutes 25 seconds West
526+ continuing along the northerly line of said called 326.1099 acre
527+ tract, a distance of 156.26 feet to an angle point;
528+ 34. THENCE, South 56 degrees 32 minutes 08 seconds West
529+ continuing along the northerly line of said called 326.1099 acre
530+ tract, a distance of 661.70 feet to an angle point;
531+ 35. THENCE, South 57 degrees 20 minutes 35 seconds West
532+ continuing along the northerly line of said called 326.1099 acre
533+ tract, a distance of 811.26 feet to an angle point;
534+ 36. THENCE, South 57 degrees 06 minutes 11 seconds West
535+ continuing along the northerly line of said called 326.1099 acre
536+ tract, a distance of 1865.19 feet to the most westerly northwest
537+ corner of said called 326.1099 acre tract to an angle point;
538+ 37. THENCE, South 56 degrees 57 minutes 10 seconds West a
539+ distance of 1138.04 feet most westerly northwest corner of said
540+ called 326.1099 acre tract;
541+ 38. THENCE, South 33 degrees 26 minutes 01 seconds East a
542+ distance of 448.40 feet to an angle point;
543+ 39. THENCE, South 56 degrees 52 minutes 59 seconds West a
544+ distance of 1149.47 feet to east right-of-way line of State Highway
545+ Number 146;
546+ THENCE, along and with said east right-of-way line of State
547+ Highway Number 146, the following nine (9) courses:
548+ 1) THENCE, North 11 degrees 10 minutes 42 seconds West, a
549+ distance of 10,070.99 feet to the point of curvature of a curve to
550+ the right;
551+ 2) THENCE, an arc distance of 1299.69 feet along a curve to
552+ the right, said curve having a radius of 22803.32 feet and a chord
553+ direction and distance of North 09 degrees 32 minutes 43 seconds
554+ West 1299.51 feet;
555+ 3) THENCE, North 07 degrees 54 minutes 46 seconds West a
556+ distance of 2290.52 feet to the point of curvature of a curve to the
557+ left;
565558 4) THENCE, an arc distance of along a curve to the left
566- 537.71 feet along a curve to the left, said curve having a radius of
567- 10845.00 feet said and a chord direction and distance of North 09
568- degrees 30 minutes 54 seconds West 537.66 feet;
559+ 572.98 feet along a curve to the left, said curve having a radius of
560+ 10845.02 feet said and a chord direction and distance of North 09
561+ degrees 25 minutes 34 seconds West 572.91 feet;
569562 5) THENCE, North 08 degrees 17 minutes 04 seconds West a
570- distance of 284.82 feet to a TXDoT type ll monument for the point of
571- curvature of a curve to the left;
572- 6) THENCE, an arc distance of along a curve to the left
573- 119.30 feet along a curve to the left, said curve having a radius of
574- 4399.00 feet said and a chord direction and distance of North 09
575- degrees 56 minutes 28 seconds West and a chord length of 119.29 feet
576- to a TXDoT type ll monument;
577- 7) THENCE, North 10 degrees 04 minutes 16 seconds West a
578- distance of 376.86 feet to an angle point to a TXDoT type ll
579- monument;
580- 8) THENCE, South 82 degrees 05 minutes 03 seconds West a
581- distance of 18.68 feet to an angle point;
582- 9) THENCE, North 07 degrees 54 minutes 46 seconds West, a
583- distance of 5746.34 feet to a set five eighths inch iron rod with
563+ distance of 284.82 feet to an angle point;
564+ 6) THENCE, North 10 degrees 03 minutes 11 seconds West a
565+ distance of 460.87 feet to an angle point;
566+ 7) THENCE, South 81 degrees 41 minutes 08 seconds West a
567+ distance of 19.97 feet to an angle point;
568+ 8) THENCE, North 07 degrees 54 minutes 45 seconds West, a
569+ distance of 5,737.42 feet to a set five eighths inch iron rod with
584570 cap stamped "CCI", being the beginning of a curve to the right;
585- 10) THENCE, an arc distance of 361.93 feet along said curve
571+ 9) THENCE, an arc distance of 361.93 feet along said curve
586572 to the right, said curve having a radius of 7630.00 feet and a chord
587573 direction and distance of North 06 degrees 33 minutes 13 seconds
588574 West 361.90 feet, to the POINT OF BEGINNING;
589- Bearings shown hereon are based on the Texas State Plane Coordinate
590- System, South Central Zone 4204, NAD 83.
591- SECTION 3. Subtitle F, Title 6, Special District Local Laws
592- Code, is amended by adding Chapter 8012 to read as follows:
593- CHAPTER 8012. RIVERSIDE MUNICIPAL UTILITY DISTRICT OF LIBERTY
594- COUNTY
595- SUBCHAPTER A. GENERAL PROVISIONS
596- Sec. 8012.001. DEFINITIONS. In this chapter:
597- (1) "Board" means the district's board of directors.
598- (2) "Commission" means the Texas Commission on
599- Environmental Quality.
600- (3) "Director" means a board member.
601- (4) "District" means the Riverside Municipal Utility
602- District of Liberty County.
603- Sec. 8012.002. NATURE OF DISTRICT. The district is a
604- municipal utility district created under Section 59, Article XVI,
605- Texas Constitution.
606- Sec. 8012.003. CONFIRMATION AND DIRECTORS' ELECTION
607- REQUIRED. The temporary directors shall hold an election to
608- confirm the creation of the district and to elect five permanent
609- directors as provided by Section 49.102, Water Code.
610- Sec. 8012.004. CONSENT OF MUNICIPALITY REQUIRED. The
611- temporary directors may not hold an election under Section 8012.003
612- until each municipality in whose corporate limits or
613- extraterritorial jurisdiction the district is located has
614- consented by ordinance or resolution to the creation of the
615- district and to the inclusion of land in the district.
616- Sec. 8012.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
617- The district is created to serve a public purpose and benefit.
618- (b) The district is created to accomplish the purposes of:
619- (1) a municipal utility district as provided by
620- general law and Section 59, Article XVI, Texas Constitution; and
621- (2) Section 52, Article III, Texas Constitution, that
622- relate to the construction, acquisition, or improvement of
623- macadamized, graveled, or paved roads or improvements, including
624- storm drainage, in aid of those roads.
625- Sec. 8012.006. INITIAL DISTRICT TERRITORY. (a) The
626- district is initially composed of the territory described by
627- Section 4 of the Act enacting this chapter.
628- (b) The boundaries and field notes contained in Section 4 of
629- the Act enacting this chapter form a closure. A mistake made in the
630- field notes or in copying the field notes in the legislative process
631- does not affect the district's:
632- (1) organization, existence, or validity;
633- (2) right to issue any type of bond for the purposes
634- for which the district is created or to pay the principal of and
635- interest on a bond;
636- (3) right to impose a tax; or
637- (4) legality or operation.
638- SUBCHAPTER B. BOARD OF DIRECTORS
639- Sec. 8012.051. GOVERNING BODY; TERMS. (a) The district is
640- governed by a board of five elected directors.
641- (b) Except as provided by Section 8012.052, directors serve
642- staggered four-year terms.
643- Sec. 8012.052. TEMPORARY DIRECTORS. (a) The temporary
644- board consists of:
645- (1) Will King;
646- (2) Micky Redus;
647- (3) Jim Smesny;
648- (4) Dorothy Badgett; and
649- (5) Daniel Walker.
650- (b) Temporary directors serve until the earlier of:
651- (1) the date permanent directors are elected under
652- Section 8012.003; or
653- (2) September 1, 2021.
654- (c) If permanent directors have not been elected under
655- Section 8012.003 and the terms of the temporary directors have
656- expired, successor temporary directors shall be appointed or
657- reappointed as provided by Subsection (d) to serve terms that
658- expire on the earlier of:
659- (1) the date permanent directors are elected under
660- Section 8012.003; or
661- (2) the fourth anniversary of the date of the
662- appointment or reappointment.
663- (d) If Subsection (c) applies, the owner or owners of a
664- majority of the assessed value of the real property in the district
665- may submit a petition to the commission requesting that the
666- commission appoint as successor temporary directors the five
667- persons named in the petition. The commission shall appoint as
668- successor temporary directors the five persons named in the
669- petition.
670- SUBCHAPTER C. POWERS AND DUTIES
671- Sec. 8012.101. GENERAL POWERS AND DUTIES. The district has
672- the powers and duties necessary to accomplish the purposes for
673- which the district is created.
674- Sec. 8012.102. MUNICIPAL UTILITY DISTRICT POWERS AND
675- DUTIES. The district has the powers and duties provided by the
676- general law of this state, including Chapters 49 and 54, Water Code,
677- applicable to municipal utility districts created under Section 59,
678- Article XVI, Texas Constitution.
679- Sec. 8012.103. AUTHORITY FOR ROAD PROJECTS. Under Section
680- 52, Article III, Texas Constitution, the district may design,
681- acquire, construct, finance, issue bonds for, improve, and convey
682- to this state, a county, or a municipality for operation and
683- maintenance macadamized, graveled, or paved roads or improvements,
684- including storm drainage, in aid of those roads.
685- Sec. 8012.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
686- project must meet all applicable construction standards, zoning and
687- subdivision requirements, and regulations of each municipality in
688- whose corporate limits or extraterritorial jurisdiction the road
689- project is located.
690- (b) If a road project is not located in the corporate limits
691- or extraterritorial jurisdiction of a municipality, the road
692- project must meet all applicable construction standards,
693- subdivision requirements, and regulations of each county in which
694- the road project is located.
695- (c) If the state will maintain and operate the road, the
696- Texas Transportation Commission must approve the plans and
697- specifications of the road project.
698- Sec. 8012.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
699- OR RESOLUTION. The district shall comply with all applicable
700- requirements of any ordinance or resolution that is adopted under
701- Section 54.016 or 54.0165, Water Code, and that consents to the
702- creation of the district or to the inclusion of land in the
703- district.
704- Sec. 8012.106. DIVISION OF DISTRICT. (a) The district may
705- be divided into two or more new districts only if:
706- (1) the district has no outstanding bonded debt;
707- (2) the district is not imposing ad valorem taxes; and
708- (3) the requirements of Subsection (k) have been met.
709- (b) This chapter applies to any new district created by the
710- division of the district, and a new district has all the powers and
711- duties of the district.
712- (c) Any new district created by the division of the district
713- may not, at the time the new district is created, contain any land
714- outside the area described by Section 4 of the Act enacting this
715- chapter.
716- (d) The board, on its own motion or on receipt of a petition
717- signed by the owner or owners of a majority of the assessed value of
718- the real property in the district, may adopt an order dividing the
719- district.
720- (e) The board may adopt an order dividing the district
721- before or after the date the board holds an election under Section
722- 8012.003 to confirm the creation of the district.
723- (f) An order dividing the district shall:
724- (1) name each new district;
725- (2) include the metes and bounds description of the
726- territory of each new district;
727- (3) appoint temporary directors for each new district;
728- and
729- (4) provide for the division of assets and liabilities
730- between or among the new districts.
731- (g) On or before the 30th day after the date of adoption of
732- an order dividing the district, the district shall file the order
733- with the commission and record the order in the real property
734- records of each county in which the district is located.
735- (h) Any new district created by the division of the district
736- shall hold a confirmation and directors' election as required by
737- Section 8012.003.
738- (i) If the creation of the new district is confirmed, the
739- new district shall provide the election date and results to the
740- commission.
741- (j) Any new district created by the division of the district
742- must hold an election as required by this chapter to obtain voter
743- approval before the district may impose a maintenance tax or issue
744- bonds payable wholly or partly from ad valorem taxes.
745- (k) If the district is located wholly or partly in the
746- corporate limits or the extraterritorial jurisdiction of a
747- municipality, the district may not divide under this section unless
748- the municipality by resolution or ordinance consents to the
749- division of the district. If the district is not located wholly or
750- partly in the corporate limits or extraterritorial jurisdiction of
751- a municipality, the district may not divide under this section
752- unless the commissioners court of each county in which the district
753- is wholly or partly located adopts a resolution or order consenting
754- to the division of the district.
755- Sec. 8012.107. LIMITATION ON USE OF EMINENT DOMAIN. The
756- district may not exercise the power of eminent domain outside the
757- district to acquire a site or easement for:
758- (1) a road project authorized by Section 8012.103; or
759- (2) a recreational facility as defined by Section
760- 49.462, Water Code.
761- SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
762- Sec. 8012.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
763- district may issue, without an election, bonds and other
764- obligations secured by revenue other than ad valorem taxes.
765- (b) The district must hold an election in the manner
766- provided by Chapters 49 and 54, Water Code, to obtain voter approval
767- before the district may impose an ad valorem tax or issue bonds
768- payable from ad valorem taxes.
769- (c) The district may not issue bonds payable from ad valorem
770- taxes to finance a road project unless the issuance is approved by a
771- vote of a two-thirds majority of the district voters voting at an
772- election held for that purpose.
773- Sec. 8012.152. OPERATION AND MAINTENANCE TAX. (a) If
774- authorized at an election held under Section 8012.151, the district
775- may impose an operation and maintenance tax on taxable property in
776- the district in accordance with Section 49.107, Water Code.
777- (b) The board shall determine the tax rate. The rate may not
778- exceed the rate approved at the election.
779- Sec. 8012.153. CONTRACT TAXES. (a) In accordance with
780- Section 49.108, Water Code, the district may impose a tax other than
781- an operation and maintenance tax and use the revenue derived from
782- the tax to make payments under a contract after the provisions of
783- the contract have been approved by a majority of the district voters
784- voting at an election held for that purpose.
785- (b) A contract approved by the district voters may contain a
786- provision stating that the contract may be modified or amended by
787- the board without further voter approval.
788- Sec. 8012.154. WATER AND SEWER RATES. Notwithstanding any
789- other law, the district shall establish the same rates for
790- residential and commercial classes of customers for the provision
791- of water and sewer services. For purposes of this section, the
792- commercial class may not include apartment complexes or other
793- multifamily dwellings.
794- SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
795- Sec. 8012.201. AUTHORITY TO ISSUE BONDS AND OTHER
796- OBLIGATIONS. The district may issue bonds or other obligations
797- payable wholly or partly from ad valorem taxes, impact fees,
798- revenue, contract payments, grants, or other district money, or any
799- combination of those sources, to pay for any authorized district
800- purpose.
801- Sec. 8012.202. TAXES FOR BONDS. At the time the district
802- issues bonds payable wholly or partly from ad valorem taxes, the
803- board shall provide for the annual imposition of a continuing
804- direct ad valorem tax, without limit as to rate or amount, while all
805- or part of the bonds are outstanding as required and in the manner
806- provided by Sections 54.601 and 54.602, Water Code.
807- Sec. 8012.203. BONDS FOR ROAD PROJECTS. At the time of
808- issuance, the total principal amount of bonds or other obligations
809- issued or incurred to finance road projects and payable from ad
810- valorem taxes may not exceed one-fourth of the assessed value of the
811- real property in the district.
812- SECTION 4. The Riverside Municipal Utility District of
813- Liberty County initially includes all the territory contained in
814- the following area:
815- Being 482.631 acres of land out of a called 1454.19 acres, more or
816- less, in and out of that certain "called" 1517 acres, in the John A.
817- Williams League, Abstract Number 119, Liberty County, Texas, being
818- more particularly, described as follows:
819- BEGINNING at a found one inch pinch toped pipe located in the south
820- line of said called 1454.19 acre tract and the north line of West
821- Lake Subdivision as recorded in volume 6, page 59 of Liberty County
822- Map Records (LCDR) also being in the easterly right of way of FM
823- 1409 (Parcel A, volume 666. page.005 Liberty County Deed Record)
824- 1. THENCE, North 00 degrees 14 minutes 16 seconds East a distance
825- of 39.39 feet along easterly right of way of FM 1409 to a set five
826- eights inch iron with yellow plastic cap stamped ‘CCI’;
827- 2. THENCE, North 40 degrees 17 minutes 58 seconds East a distance
828- of 75.55 feet continuing along easterly right of way of FM 1409 to a
829- found three quarters inch iron rod;
830- 3. THENCE, North 39 degrees 56 minutes 18 seconds East a distance
831- of 122.65 feet to a to a found five eighths inch iron rod;
832- 4. THENCE, North 65 degrees 30 minutes 01 seconds East a distance
833- of 156.58 feet to a to a found five eighths inch iron rod;
834- 5. THENCE, along a curve to the right an arc distance of 400.94
835- feet, said curve having a radius of 724.00 feet and a chord bearing
836- and distance of North 81 degrees 24 minutes 58 seconds East, 395.83
837- feet to a found five eighths inch iron rod for a point of reverse
838- curve;
839- 6. THENCE, along a curve to the left an arc distance of 1190.99
840- feet said curve having a radius of 1076.00 feet and a chord bearing
841- and distance of North 65 degrees 34 minutes 17 seconds East, 1131.11
842- feet to a found five eighths inch iron rod for a point of reverse
843- curve;
844- 7. THENCE, along a curve to the right an arc distance of 398.88
845- feet along said curve having a radius of 724.00 feet and a chord
846- bearing and distance of North 50 degrees 04 minutes 49 seconds East,
847- 393.86 feet to a found five eighths inch iron rod;
848- 8. THENCE, North 65 degrees 47 minutes 48 seconds East a distance
849- of 1993.97 feet to a found three quarter inch iron rod;
850- 9. THENCE, North 65 degrees 33 minutes 44 seconds East a distance
851- of 3609.67 feet to a found one half inch iron rod;
852- 10. THENCE, South 83 degrees 13 minutes 10 seconds East a distance
853- of 257.13 feet to a found three quarter inch iron rod;
854- 11. THENCE, North 30 degrees 28 minutes 01 seconds East a distance
855- of 302.66 feet to a set five eights inch iron with yellow plastic
856- cap stamped ‘CCI’;
857- 12. THENCE, North 65 degrees 34 minutes 06 seconds East a distance
858- of 1496.19 feet to a found three quarter inch iron rod with cap;
859- 13. THENCE, North 85 degrees 54 minutes 44 seconds East passing at
860- 1805.00 feet a set five eights inch stainless steel rod with metal
861- cap ‘CCI’, continuing a total distance of distance of 1849.45 feet
862- to the bank of the Trinity river (as established from FEMA LIDAR
863- 2008);
864- Thence with the next 31 calls along the said bank of the Trinity
865- River:
575+ Tract 2:
576+ Being 482.649 acres of land out of a called 1454.19 acres,
577+ more or less, in and out of that certain "called" 1517 acres, in the
578+ John A. Williams League, Abstract Number 119, Liberty County,
579+ Texas, being more particularly, described as follows:
580+ BEGINNING at a found one inch pinch toped pipe located in the
581+ south line of said called 1454.19 acre tract and the north line of
582+ West Lake Subdivision as recorded in volume 6, page 59 of Liberty
583+ County Map Records (LCDR) also being in the easterly right of way of
584+ FM 1409 (Parcel A, volume 666. page.005 Liberty County Deed Record)
585+ 1. THENCE, North 00 degrees 14 minutes 16 seconds East a
586+ distance of 39.39 feet along easterly right of way of FM 1409 to a
587+ set five eights inch iron with yellow plastic cap stamped 'CCI';
588+ 2. THENCE, North 40 degrees 17 minutes 58 seconds East a
589+ distance of 75.55 feet continuing along easterly right of way of FM
590+ 1409 to a found three quarters inch iron rod;
591+ 3. THENCE, North 39 degrees 56 minutes 18 seconds East a
592+ distance of 122.65 feet to a to a found five eighths inch iron rod;
593+ 4. THENCE, North 65 degrees 30 minutes 01 seconds East a
594+ distance of 156.58 feet to a to a found five eighths inch iron rod;
595+ 5. THENCE, along a curve to the right an arc distance of
596+ 400.94 feet, said curve having a radius of 724.00 feet and a chord
597+ bearing and distance of North 81 degrees 24 minutes 58 seconds East,
598+ 395.83 feet to a found five eighths inch iron rod for a point of
599+ reverse curve;
600+ 6. THENCE, along a curve to the left an arc distance of
601+ 1190.99 feet said curve having a radius of 1076.00 feet and a chord
602+ bearing and distance of North 65 degrees 34 minutes 17 seconds East,
603+ 1131.11 feet to a found five eighths inch iron rod for a point of
604+ reverse curve;
605+ 7. THENCE, along a curve to the right an arc distance of
606+ 398.88 feet along said curve having a radius of 724.00 feet and a
607+ chord bearing and distance of North 50 degrees 04 minutes 49 seconds
608+ East, 393.86 feet to a found five eighths inch iron rod;
609+ 8. THENCE, North 65 degrees 47 minutes 48 seconds East a
610+ distance of 1993.97 feet to a found three quater inch iron rod;
611+ 9. THENCE, North 65 degrees 33 minutes 44 seconds East a
612+ distance of 3609.67 feet to a a found one half inch iron rod;
613+ 10. THENCE, South 83 degrees 28 minutes 16 seconds East a
614+ distance of 256.60 feet to a set five eights inch iron with yellow
615+ plastic cap stamped 'CCI';
616+ 11. THENCE, North 30 degrees 28 minutes 01 seconds East a
617+ distance of 302.84 feet to a set five eights inch iron with yellow
618+ plastic cap stamped 'CCI';
619+ 12. THENCE, North 65 degrees 34 minutes 06 seconds East a
620+ distance of 1496.19 feet to a set five eights inch iron with yellow
621+ plastic cap stamped 'CCI';
622+ 13. THENCE, North 85 degrees 54 minutes 44 seconds East a
623+ distance of 1848.04 feet to the Trinity river (as established from
624+ FEMA LIDAR 2008);
625+ Thence with the next 31 calls along the said Trinity River:
866626 1) THENCE, South 49 degrees 13 minutes 20 seconds East a
867- distance of 79.91 feet to an angle point;
627+ distance of 81.95 feet to an angle point;
868628 2) THENCE, South 30 degrees 29 minutes 20 seconds East a
869629 distance of 118.05 feet to an angle point;
870630 3) THENCE, South 25 degrees 40 minutes 37 seconds East a
871631 distance of 54.85 feet to an angle point;
872632 4) THENCE, South 34 degrees 34 minutes 38 seconds East a
873633 distance of 408.75 feet to an angle point;
874634 5) THENCE, South 24 degrees 58 minutes 08 seconds East a
875635 distance of 137.38 feet to an angle point;
876636 6) THENCE, South 47 degrees 58 minutes 53 seconds East a
877637 distance of 129.25 feet to an angle point;
878638 7) THENCE, South 29 degrees 24 minutes 08 seconds East a
879639 distance of 532.54 feet to an angle point;
880640 8) THENCE, South 24 degrees 11 minutes 36 seconds East a
881641 distance of 215.75 feet to an angle point;
882642 9) THENCE, South 12 degrees 27 minutes 16 seconds East a
883643 distance of 317.40 feet to an angle point;
884644 10) THENCE, South 01 degrees 28 minutes 30 seconds East a
885645 distance of 221.59 feet to an angle point;
886646 11) THENCE, South 06 degrees 50 minutes 57 seconds West a
887647 distance of 342.80 feet to an angle point;
888648 12) THENCE, South 23 degrees 42 minutes 49 seconds West a
889649 distance of 222.21 feet to an angle point;
890650 13) THENCE, South 49 degrees 05 minutes 08 seconds West a
891651 distance of 264.20 feet to an angle point;
892652 14) THENCE, South 81 degrees 00 minutes 10 seconds West a
893653 distance of 231.01 feet to an angle point;
894654 15) THENCE, North 75 degrees 34 minutes 45 seconds West a
895655 distance of 206.14 feet to an angle point;
896656 16) THENCE, North 34 degrees 06 minutes 23 seconds West a
897657 distance of 362.83 feet to an angle point;
898- 17) THENCE, North 22 degrees 26 minutes 54 seconds West a
899- distance of 727.08 feet to an angle point;
900- 18) THENCE, North 06 degrees 06 minutes 41 seconds West a
901- distance of 156.02 feet to an angle point;
658+ 17) THENCE, North 22 degrees 44 minutes 47 seconds West a
659+ distance of 727.81 feet to an angle point;
660+ 18) THENCE, North 04 degrees 42 minutes 21 seconds West a
661+ distance of 156.44 feet to an angle point;
902662 19) THENCE, North 18 degrees 42 minutes 42 seconds West a
903663 distance of 155.58 feet to an angle point;
904664 20) THENCE, North 50 degrees 23 minutes 34 seconds West a
905665 distance of 105.51 feet to an angle point;
906666 21) THENCE, North 85 degrees 14 minutes 11 seconds West a
907667 distance of 160.27 feet to an angle point;
908668 22) THENCE, North 64 degrees 39 minutes 14 seconds West a
909669 distance of 119.93 feet to an angle point;
910670 23) THENCE, North 84 degrees 55 minutes 13 seconds West a
911671 distance of 171.80 feet to an angle point;
912672 24) THENCE, South 70 degrees 55 minutes 51 seconds West a
913673 distance of 162.96 feet to an angle point;
914674 25) THENCE, South 44 degrees 12 minutes 15 seconds West a
915675 distance of 193.63 feet to an angle point;
916- 26) THENCE, South 25 degrees 27 minutes 15 seconds West a
917- distance of 305.68 feet to an angle point;
918- 27) THENCE, South 05 degrees 42 minutes 55 seconds West a
919- distance of 475.51 feet to a Point;
920- 28) THENCE, South 03 degrees 15 minutes 56 seconds West a
921- distance of 946.21 feet to an angle point;
922- 29) THENCE, South 10 degrees 07 minutes 19 seconds East a
923- distance of 214.73 feet to an angle point;
676+ 26) THENCE, South 26 degrees 05 minutes 20 seconds West a
677+ distance of 306.98 feet to an angle point;
678+ 27) THENCE, South 05 degrees 16 minutes 39 seconds West a
679+ distance of 475.47 feet to a Point;
680+ 28) THENCE, South 03 degrees 45 minutes 10 seconds West a
681+ distance of 944.18 feet to an angle point;
682+ 29) THENCE, South 12 degrees 02 minutes 33 seconds East a
683+ distance of 218.72 feet to an angle point;
924684 30) THENCE, South 11 degrees 01 minutes 24 seconds West a
925685 distance of 74.58 feet to an angle point;
926686 31) THENCE, South 05 degrees 24 minutes 53 seconds East a
927687 distance of 189.89 feet to a point in the south line said called
928688 1454.19 acre tract and the north line of East Spring Creek
929689 Subdivision as recorded in volume 2, page 334 LCMR and replat volume
930690 8, page 86 LCMR;
931- 14. THENCE, South 85 degrees 26 minutes 56 seconds West along the
932- said south line said called 1454.19 acre tract and the north line of
933- said East Spring Creek Subdivision as recorded in volume 2, page 334
934- LCMR, said re-plat East Spring Creek Subdivision volume 8, page 86
935- LCMR and West Lake Subdivision, passing at 221.82 feet a set five
936- eights inch stainless steel rod with metal cap ‘CCI’, continuing a
937- total distance of distance of 9391.82 feet to the POINT OF
938- BEGINNING;
939- Bearings shown hereon are based on the Texas State Plane Coordinate
940- System, South Central Zone 4204, NAD 83.
941- SECTION 5. (a) The legal notice of the intention to
691+ 14. THENCE, South 85 degrees 26 minutes 56 seconds West
692+ along the said south line said called 1454.19 acre tract and the
693+ north line of said East Spring Creek Subdivision as recorded in
694+ volume 2, page 334 LCMR, said re-plat East Spring Creek Subdivision
695+ volume 8, page 86 LCMR and West Lake Subdivision, a distance of
696+ 9391.82 feet to the POINT OF BEGINNING;
697+ Tract 3:
698+ N 1/2 Lot 1, Sec C, West Lake Addition, A-119
699+ The North One-half (N-1/2) of Lot One (1), Section "C" of the
700+ West Lake Addision in the John A. Williams Survey, Abstract, 119,
701+ as recorded in Volume 6, Pages 58-59 and Volume 8, Pages 22-23 of
702+ the Map Records of Liberty County, Texas, SAVE AND EXCEPT A 0.11
703+ acre tract as described in that certain Warranty Deed from C. T.
704+ Staples, et ux to Coastal Industrial Water Authority in Volume 637,
705+ Page 262 of the Deed Records of Liberty County, Texas. As Follows:
706+ BEGINNING at a 1-1/4" iron pipe at the Northwest corner of Lot
707+ No. 1 referred to above, said pipe also being in the East
708+ right-of-way line of F. M. Road No. 1409 and in the South line of
709+ The Mary Gay Trust 1,517 acre tract;
710+ THENCE, North 86° 27' East, with the north line of Lot No. 1
711+ and the south line of the 1,517 acre tract, a distance of 25.0 feet
712+ to a 5/8" iron rod;
713+ THENCE, South 00° 22' West, a distance of 266.0 feet to a 5/8"
714+ iron rod in the West line of Lot No. 2, same being in the East
715+ right-of-way line of F. M. Road No. 1409 and at the beginning of a
716+ curve to the right whose radius is 1,105.9 feet;
717+ THENCE, in a northerly direction along said right-of-way
718+ curve and with the West line of Lot No. 2, at 56.5 feet past a 3/4"
719+ iron pipe for a common corner of Lots No. 1 and No. 2 and continuing
720+ along the West line of Lot No. 1, a total distance of 266.1 feet to
721+ the PLACE OF BEGINNING.
722+ SECTION 3. (a) The legal notice of the intention to
942723 introduce this Act, setting forth the general substance of this
943724 Act, has been published as provided by law, and the notice and a
944725 copy of this Act have been furnished to all persons, agencies,
945726 officials, or entities to which they are required to be furnished
946727 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
947728 Government Code.
948729 (b) The governor, one of the required recipients, has
949730 submitted the notice and Act to the Texas Commission on
950731 Environmental Quality.
951732 (c) The Texas Commission on Environmental Quality has filed
952733 its recommendations relating to this Act with the governor, the
953734 lieutenant governor, and the speaker of the house of
954735 representatives within the required time.
955736 (d) All requirements of the constitution and laws of this
956737 state and the rules and procedures of the legislature with respect
957738 to the notice, introduction, and passage of this Act are fulfilled
958739 and accomplished.
959- SECTION 6. (a) Section 7991.107, Special District Local
740+ SECTION 4. (a) Section 7991.107, Special District Local
960741 Laws Code, as added by Section 1 of this Act, takes effect only if
961742 this Act receives a two-thirds vote of all the members elected to
962- each house. If this Act does not receive a two-thirds vote of all
963- the members elected to each house, Subchapter C, Chapter 7991,
964- Special District Local Laws Code, as added by Section 1 of this Act,
965- is amended by adding Section 7991.107 to read as follows:
743+ each house.
744+ (b) If this Act does not receive a two-thirds vote of all the
745+ members elected to each house, Subchapter C, Chapter 7991, Special
746+ District Local Laws Code, as added by Section 1 of this Act, is
747+ amended by adding Section 7991.107 to read as follows:
966748 Sec. 7991.107. NO EMINENT DOMAIN POWER. The district may
967- not exercise the power of eminent domain.
968- (b) Section 8012.107, Special District Local Laws Code, as
969- added by Section 3 of this Act, takes effect only if this Act
970- receives a two-thirds vote of all the members elected to each house.
971- If this Act does not receive a two-thirds vote of all the members
972- elected to each house, Subchapter C, Chapter 8012, Special District
973- Local Laws Code, as added by Section 3 of this Act, is amended by
974- adding Section 8012.107 to read as follows:
975- Sec. 8012.107. NO EMINENT DOMAIN POWER. The district may
976749 not exercise the power of eminent domain.
977750 (c) This section is not intended to be an expression of a
978751 legislative interpretation of the requirements of Section 17(c),
979752 Article I, Texas Constitution.
980- SECTION 7. This Act takes effect June 1, 2017, if it
753+ SECTION 5. This Act takes effect June 1, 2017, if it
981754 receives a vote of two-thirds of all the members elected to each
982755 house, as provided by Section 39, Article III, Texas Constitution.
983756 If this Act does not receive the vote necessary for effect on that
984757 date, this Act takes effect September 1, 2017.