Texas 2017 - 85th Regular

Texas House Bill HB4319 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R19699 SLB-F
2	2	By: Bell H.B. No. 4319
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Montgomery County Municipal Utility
7	7	District No. 159; granting a limited power of eminent domain;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8003 to read as follows:
13	13	CHAPTER 8003. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 159
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8003.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Montgomery County Municipal
21	21	Utility District No. 159.
22	22	Sec. 8003.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8003.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8003.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 8003.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district.
35	35	Sec. 8003.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
36	36	The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 8003.006. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8003.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8003.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8003.052. TEMPORARY DIRECTORS. (a) The temporary
63	63	board consists of:
64	64	(1) Roxanne Ellis;
65	65	(2) Elizabeth Galvan;
66	66	(3) George Moody;
67	67	(4) Doug OwYang; and
68	68	(5) Nick Terry.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 8003.003; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 8003.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 8003.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 8003.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 8003.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 8003.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 8003.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106	106	project must meet all applicable construction standards, zoning and
107	107	subdivision requirements, and regulations of each municipality in
108	108	whose corporate limits or extraterritorial jurisdiction the road
109	109	project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 8003.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	125	Sec. 8003.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
126	126	district may issue, without an election, bonds and other
127	127	obligations secured by:
128	128	(1) revenue other than ad valorem taxes; or
129	129	(2) contract payments described by Section 8003.153.
130	130	(b) The district must hold an election in the manner
131	131	provided by Chapters 49 and 54, Water Code, to obtain voter approval
132	132	before the district may impose an ad valorem tax or issue bonds
133	133	payable from ad valorem taxes.
134	134	(c) The district may not issue bonds payable from ad valorem
135	135	taxes to finance a road project unless the issuance is approved by a
136	136	vote of a two-thirds majority of the district voters voting at an
137	137	election held for that purpose.
138	138	Sec. 8003.152. OPERATION AND MAINTENANCE TAX. (a) If
139	139	authorized at an election held under Section 8003.151, the district
140	140	may impose an operation and maintenance tax on taxable property in
141	141	the district in accordance with Section 49.107, Water Code.
142	142	(b) The board shall determine the tax rate. The rate may not
143	143	exceed the rate approved at the election.
144	144	Sec. 8003.153. CONTRACT TAXES. (a) In accordance with
145	145	Section 49.108, Water Code, the district may impose a tax other than
146	146	an operation and maintenance tax and use the revenue derived from
147	147	the tax to make payments under a contract after the provisions of
148	148	the contract have been approved by a majority of the district voters
149	149	voting at an election held for that purpose.
150	150	(b) A contract approved by the district voters may contain a
151	151	provision stating that the contract may be modified or amended by
152	152	the board without further voter approval.
153	153	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	154	Sec. 8003.201. AUTHORITY TO ISSUE BONDS AND OTHER
155	155	OBLIGATIONS. The district may issue bonds or other obligations
156	156	payable wholly or partly from ad valorem taxes, impact fees,
157	157	revenue, contract payments, grants, or other district money, or any
158	158	combination of those sources, to pay for any authorized district
159	159	purpose.
160	160	Sec. 8003.202. TAXES FOR BONDS. At the time the district
161	161	issues bonds payable wholly or partly from ad valorem taxes, the
162	162	board shall provide for the annual imposition of a continuing
163	163	direct ad valorem tax, without limit as to rate or amount, while all
164	164	or part of the bonds are outstanding as required and in the manner
165	165	provided by Sections 54.601 and 54.602, Water Code.
166	166	Sec. 8003.203. BONDS FOR ROAD PROJECTS. At the time of
167	167	issuance, the total principal amount of bonds or other obligations
168	168	issued or incurred to finance road projects and payable from ad
169	169	valorem taxes may not exceed one-fourth of the assessed value of the
170	170	real property in the district.
171	171	SECTION 2. The Montgomery County Municipal Utility District
172	172	No. 159 initially includes all the territory contained in the
173	173	following area:
174	174	Tract 1: BEING A TRACT OF LAND CONTAINING 35.5536 ACRES
175	175	(1,548,716 SQUARE FEET) OUT OF THAT CERTAIN CALLED 66.9304 ACRE
176	176	TRACT RECORDED IN MONTGOMERY COUNTY CLERK'S FILE NO. 8522036 AND
177	177	FILM CODE NO. 342-01-1353 SITUATED IN THE SOLOMON BROWN SURVEY,
178	178	ABSTRACT NO. 5, IN MONTGOMERY COUNTY, TEXAS. SAID 35.5536 ACRE
179	179	TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
180	180	FOLLOWS:
181	181	BEGINNING: AT A 1 INCH IRON PIPE FOUND AT THE NORTHEAST CORNER
182	182	OF SAID 66.9304 ACRE, BEING THE NORTHWEST CORNER OF LOT 1,
183	183	CYPRESSWOOD ESTATES(UNRECORDED) IN THE SOUTH LINE OF THAT CERTAIN
184	184	CALLED 14.580 ACRE TRACT RECORDED IN FILM CODE NO. 577-01-1042 OF
185	185	THE MONTGOMERY COUNTY DEED RECORDS;
186	186	THENCE: SOUTH 03 DEGREES 10 MINUTES 26 SECONDS EAST, ALONG
187	187	THE EAST LINE OF SAID 66.9304 ACRE TRACT, BEING THE WEST LINE OF
188	188	SAID CYPRESSWOOD SUBDIVISION, A DISTANCE OF 3538.47 FEET TO A 1/2
189	189	INCH IRON ROD SET FOR THE SOUTHEAST CORNER IN THE NORTH LINE OF
190	190	PROPOSED NICHOLS SAWMILL ROAD (150 FEET WIDE) BEING IN A CURVE TO
191	191	THE RIGHT HAVING A RADIUS OF 1425.00 FEET;
192	192	THENCE: IN A NORTHWESTERLY DIRECTION WITH SAID NORTH LINE OF
193	193	NICHOLS SAWMILL ROAD ALONG SAID CURVE TO THE RIGHT HAVING A CENTRAL
194	194	ANGLE OF 50 DEGREES 04 MINUTES 41 SECONDS, AN ARC LENGTH OF
195	195	1255.68FEET (CHORD BEARING NORTH 27 DEGREES 24 MINUTES 49 SECONDS
196	196	WEST, 1206.22 FEET) TO A 1/2 INCH IRON ROD SET FOR THE POINT OF
197	197	TANGENCYIN THE WEST LINE OF SAID 66.9304 ACRE TRACT IN THE EAST LINE
198	198	OF SAID NICHOLS SAWMILL ROAD;
199	199	THENCE: NORTH 02 DEGREES 22 MINUTES 28 SECONDS WEST, ALONG
200	200	THE WEST LINE OF SAID 66.9304 ACRE TRACT AND THE EAST LINE OF SAID
201	201	NICHOLS SAWMILL ROAD, A DISTANCE OF 2445.24 FEET TO A 1/2 INCH IRON
202	202	ROD SET FOR THE NORTHWEST CORNER BEING THE NORTHWEST OF SAID 66.9304
203	203	ACRE TRACT IN THE SOUTH LINE OF SAID 14.580 ACRE TRACT;
204	204	THENCE: NORTH 87 DEGREES 37 MINUTES 18 SECONDS EAST, ALONG
205	205	THE NORTH LINE OF SAID 66.9304 ACRE TRACT, AND THE SOUTH LINE OF
206	206	SAID 14.580 ACRE TRACT, A DISTANCE OF 461.15 FEET {CALLED 509.27
207	207	FEET) TO THE POINT OF BEGINNING AND CONTAINING 35.5536 ACRES
208	208	(1,548,716 SQUARE FEET) OF LAND.
209	209	Tract 2: BEING A TRACT OF LAND CONTAINING 26.8287 ACRES
210	210	(1,168,660 SQUARE FEET) OUT OF THAT CERTAIN CALLED 66.9304 ACRES OF
211	211	LAND, IN THE SOLOMON BROWN SURVEY, ABSTRACT NO. 5, IN MONTGOMERY
212	212	COUNTY, TEXAS RECORDED IN MONTGOMERY COUNTY CLERK'S FILE NO.
213	213	8522036 AND FILM CODE NO. 342-01-1353, SAID 26.8287 ACRE TRACT
214	214	BEING MORE PARTICULARLYDESCRIBED BY METES AND BOUNDS AS FOLLOWS:
215	215	COMMENCING: AT A CALLED 1-1/2 INCH IRON PIPE NOT FOUND AT THE
216	216	SOUTHEAST CORNER OF 100.35 ACRE TRACT, RECORDED IN VOLUME 564, PAGE
217	217	557 OF THE DEED RECORDS OF HARRIS COUNTY TEXAS;
218	218	THENCE: NORTH 02 DEGREES 46 MINUTES 25 SECONDS WEST (CALLED
219	219	NORTH), ALONG THE EAST LINE OF SAID 100.35 ACRE TRACT, A DISTANCE OF
220	220	2778.97 FEET TO A POINT IN THE CENTER LINE OF SPRING CREEK, SAME
221	221	BEING THE COUNTY LINE BETWEEN HARRIS AND MONTGOMERY COUNTIES FOR
222	222	THE PLACE OF BEGINNING;
223	223	THENCE: UP THE CENTER LINE OF SPRING CREEK WITH THE MEANDERS
224	224	AS FOLLOWS: SOUTH 59 DEGREES 16 MINUTES 19 SECONDS WEST, 73.65 FEET;
225	225	NORTH 80 DEGREES 15 MINUTES 00 SECONDS WEST, 134.72 FEET;
226	226	SOUTH 89 DEGREES 36 MINUTES 09 SECONDS WEST, 157.34 FEET;
227	227	NORTH 47 DEGREES 50 MINUTES 43 SECONDS WEST, 86.74 FEET;
228	228	NORTH 02 DEGREES 59 MINUTES 46 SECONDS EAST, 62.79 FEET;
229	229	NORTH 32 DEGREES 06 MINUTES 33 SECONDS WEST, 73.42 FEET;
230	230	SOUTH 75 DEGREES 04 MINUTES 22 SECONDS WEST, 80.38 FEET TO A
231	231	POINT FOR CORNER IN THE WEST LINE OF SAID 100.35 ACRE TRACT;
232	232	THENCE: NORTH 02 DEGREES 22 MINUTES 28 SECONDS WEST, A
233	233	DISTANCE OF 2483.93 TO A 1/2 INCH IRON ROD SET IN THE SOUTH LINE OF
234	234	PROPOSED NICHOLS SAWMILL ROAD (150 FEET WIDE), BEING IN A CURVE TO
235	235	THE LEFT HAVING A RADIUS OF 1575.00 FEET;
236	236	THENCE: IN A SOUTHEASTERLY DIRECTION ALONG THE SOUTH LINE OF
237	237	SAID NICHOLS SAWMILL ROAD AND SAID CURVE TO THE LEFT, WITH CENTRAL
238	238	ANGLE OF 29 DEGREES 17 MINUTES 28 SECONDS ARC LENGTH OF 805.18 FEET
239	239	(CHORD BEARS SOUTH 42 DEGREES 13 MINUTES 44 SECONDS EAST, 796.44
240	240	FEET) TO A 1/2 INCH IRON ROD SET FOR THE NORTHEAST CORNER IN THE EAST
241	241	LINE OF SAID 66.9304 ACRE TRACT;
242	242	THENCE: SOUTH 02 DEGREES 46 MINUTES 25 SECONDS EAST (CALLED
243	243	SOUTH), ALONG THE EAST LINE OF SAID 66.9304 ACRE TRACT, 2,040.94
244	244	FEET TO THE PLACE OF BEGINNING.
245	245	Tract 3: BEING 1.3561 ACRES (59,074 SQUARE FEET) OF LAND
246	246	KNOWN AS LOTS 19 AND 20, BLOCK 4, CYPRESS WOOD ESTATES, AN
247	247	UNRECORDED SUBDIVISION OF 145.93 ACRES SITUATED IN THE SOLOMON
248	248	BROWN SURVEY A-5, MONTGOMERY COUNTY, TEXAS, A PART OF AND OUT OF A
249	249	50.01 ACRE TRACT, CONVEYED BY DEED, TO DREW T. SPENCER, TRUSTEE,
250	250	DATED JUNE 8, 1978, RECORDED IN VOLUME 1082, PAGE 112 OF THE DEED
251	251	RECORDS, MONTGOMERY COUNTY, TEXAS, SAID 1.3561 ACRES BEING MORE
252	252	PARTICULARLY AS FOLLOWS:
253	253	BEGINNING: AT A 1/2 INCH IRON ROD SET FOR THE NORTHWEST CORNER
254	254	OF SAID LOT 19, THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT,
255	255	SOUTH 03 DEGREES 10 MINUTES 26 SECONDS EAST, 1815.03 FEET FROM THE
256	256	NORTHWEST CORNER OF SAID 50.01 ACRE TRACT;
257	257	THENCE: NORTH 86 DEGREES 40 MINUTES 18 SECONDS EAST, ALONG
258	258	THE SOUTH LINE OF LOT 18, A DISTANCE OF 293.56 FEET, TO A 1/2 INCH
259	259	IRON ROD SET FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
260	260	THENCE: SOUTH 02 DEGREES 39 MINUTES 21 SECONDS EAST, ALONG
261	261	THE WEST LINE OF SPENCER BOULEVARD (60 FOOT RIGHT-OF-WAY), A
262	262	DISTANCE OF 201.87 FEET TO A 1/2 INCH IRON ROD SET FOR THE SOUTHEAST
263	263	CORNER OF THE HEREIN DESCRIBED TRACT;
264	264	THENCE: SOUTH 86 DEGREES 40 MINUTES 18 SECONDS WEST, ALONG
265	265	THE SOUTH LINE OF SAID LOT 20, A DISTANCE OF 291.74 FEET TO A 1/2
266	266	INCH IRON ROD SET IN THE WEST LINE OF SAID 50.01 ACRE TRACT, ALSO
267	267	BEING THE WEST LINE OF SAID 145.93 ACRE TRACT, FOR THE SOUTHWEST
268	268	CORNER OF THE HEREIN DESCRIBED TRACT;
269	269	THENCE: NORTH 03 DEGREES 10 MINUTES 26 SECONDS WEST, ALONG
270	270	THE WEST LINE OF SAID 50.01 ACRE TRACT AND THE 145.93 ACRE TRACT, A
271	271	DISTANCE OF 201.86 FEET TO THE POINT OF BEGINNING, AND CONTAINING
272	272	WITHIN THESE METES AND BOUNDS 1.3561 ACRES OF LAND.
273	273	Tract 4: BEING 55.630 ACRES (2,423,234 SQUARE FEET) OF LAND
274	274	SITUATED IN SOLOMON BROWN SURVEY, A-5 MONTGOMERY COUNTY AND BEING
275	275	THE REMAINDER OF A TRACT OF LAND DESCRIBED AS 100.0262 ACRES AS
276	276	RECORDED IN MONTGOMERY COUNTY CLERK'S FILE NO. 8200920. SAID 55.630
277	277	ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
278	278	FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE
279	279	SYSTEM, SOUTH CENTRAL ZONE, NAD 83:
280	280	BEGINNING: AT A 5/8 INCH IRON ROD FOUND LOCATED AT THE
281	281	NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND AND BEING THE
282	282	NORTHEAST CORNER OF A 132.92 ACRE TRACT OF LAND CONVEYED TO LARRY M.
283	283	ROBINSON IN MONTGOMERY COUNTY CLERK'S FILE NO 2000008877, ON THE
284	284	NORTH LINE OF THE SOLOMON BROWN SURVEY, A-5 MONTGOMERY COUNTY, ON
285	285	THE SOUTH LINE OF THE A.F. BARRON SURVEY, A-94 AND ON THE SOUTH LINE
286	286	OF A 14.580 ACRE TRACT OF LAND AS CONVEYED TO RICHARD A. ABEL AND
287	287	WIFE, BETTY J. ABEL IN MONTGOMERY COUNTY CLERK'S FILE NO 8902849;
288	288	THENCE: NORTH 87 DEGREES 37 MINUTES 18 SECONDS EAST, ALONG
289	289	THE NORTH LINE OF THE SOLOMON BROWN SURVEY, A-5, THE SOUTH LINE OF
290	290	THE A. F. BARRON SURVEY, A-94 AND THE SOUTH LINE OF THE ABOVE
291	291	MENTIONED 14.580 ACRE TRACT OF LAND, A DISTANCE OF 359.00 FEET TO A
292	292	5/8 INCH IRON ROD WITH CAP FOUND AND THE NORTHEAST CORNER OF THE
293	293	TRACT HEREIN DESCRIBED. SAID IRON ROD ALSO BEING THE NORTHWEST
294	294	CORNER OF A 9.976 ACRE TRACT OF LAND AS CONVEYED TO MONTGOMERY
295	295	COUNTY, TEXAS IN MONTGOMERY COUNTY CLERK'S FILE NO 2008081469, IN
296	296	THE WEST RIGHT-OF-WAY LINE OF NICHOLS SAWMILL ROAD;
297	297	THENCE: SOUTH 02 DEGREES 22 MINUTES 28 SECONDS EAST, ALONG
298	298	THE WEST LINE OF THE ABOVE MENTIONED 9.976 ACRE TRACT OF LAND, AND
299	299	NICHOLS SAWMILL ROAD, A DISTANCE OF 2445.24 FEET TO A 5/8 INCH IRON
300	300	ROD WITH CAP SET AT THE POINT OF CURVATURE OF A CURVE TO THE LEFT;
301	301	THENCE: CONTINUING ALONG THE SAID WEST RIGHT-OF-WAY LINE
302	302	CURVING TO THE LEFT HAVING A RADIUS OF 1575.00 FEET, AN ARC LENGTH
303	303	OF 692.95 FEET, A CENRAL ANGLE OF 25 DEGREES 12 MINUTES 30 SECONDS
304	304	AND A CHORD WHICH BEARS SOUTH 14 DEGREES 58 MINUTES 45 SECONDS EAST,
305	305	A DISTANCE OF 687.38 FEET TO A 5/8 INCH IRON ROD WITH CAP SET AT THE
306	306	INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF NICHOLS SAWMILL
307	307	ROAD AND THE EASTERLY LINE OF SAID 100.0262 ACRE TRACT, THE
308	308	NORTHWEST CORNER OF A 26.8287 ACRE TRACT RECORDED UNDER MONTGOMERY
309	309	COUNTY CLERK'S FILE NO. 2015026351;
310	310	THENCE: SOUTH 02 DEGREES 22 MINUTES 28 SECONDS EAST, ALONG
311	311	THE EAST LINE OF SAID 100.0262 ACRE TRACT AND THE WEST LINE OF SAID
312	312	26.8287 ACRE TRACT, A DISTANCE OF 2492.06 FEET A 5/8 INCH IRON ROD
313	313	WITH CAP SET IN THE CENTERLINE OF SPRING CREEK (BEING THE DIVISION
314	314	LINE FOR HARRIS AND MONTGOMERY COUNTIES);
315	315	THENCE: ALONG THE CENTERLINE OF SAID SPRING CREEK, THE
316	316	FOLLOWING 8 COURSES:
317	317	1. NORTH 82 DEGREES 54 MINUTES 57 SECONDS WEST 40.47 FEET;
318	318	2. SOUTH 88 DEGREES 58 MINUTES 17 SECONDS WEST 26.59 FEET;
319	319	3. SOUTH 60 DEGREES 29 MINUTES 26 SECONDS WEST 45.00 FEET;
320	320	4. SOUTH 56 DEGREES 27 MINUTES 17 SECONDS WEST 37.16 FEET;
321	321	5. SOUTH 89 DEGREES 19 MINUTES 21 SECONDS WEST 90.45 FEET;
322	322	6. NORTH 81 DEGREES 15 MINUTES 31 SECONDS WEST 64.32 FEET;
323	323	7. NORTH 75 DEGREES 39 MINUTES 19 SECONDS WEST 46.75 FEET;
324	324	8. NORTH 80 DEGREES 45 MINUTES 16 SECONDS WEST 176.07 FEET
325	325	TO THE WEST LINE OF SAID 100.0262 ACRE TRACT FOR THE SOUTHWEST
326	326	CORNER OF THE HEREIN DESCRIBED TRACT;
327	327	THENCE: NORTH 02 DEGREES 22 MINUTES 24 SECONDS WEST, ALONG
328	328	THE WEST LINE OF SAID 100.0262 ACRE TRACT, AT 9.96 FEET PASS THE
329	329	SOUTHEAST CORNER OF A CALLED 132.92 ACRES RECORDED UNDER MONTGOMERY
330	330	COUNTY CLERK'S FILE NO. 2000008877, IN ALL A TOTAL DISTANCE OF
331	331	5576.58 FEET TO THE POINT OF BEGINNING AND CONTAINING 55.630
332	332	(2,423,234 SQUARE FEET) ACRES OF LAND.
333	333	SECTION 3. (a) The legal notice of the intention to
334	334	introduce this Act, setting forth the general substance of this
335	335	Act, has been published as provided by law, and the notice and a
336	336	copy of this Act have been furnished to all persons, agencies,
337	337	officials, or entities to which they are required to be furnished
338	338	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
339	339	Government Code.
340	340	(b) The governor, one of the required recipients, has
341	341	submitted the notice and Act to the Texas Commission on
342	342	Environmental Quality.
343	343	(c) The Texas Commission on Environmental Quality has filed
344	344	its recommendations relating to this Act with the governor, the
345	345	lieutenant governor, and the speaker of the house of
346	346	representatives within the required time.
347	347	(d) All requirements of the constitution and laws of this
348	348	state and the rules and procedures of the legislature with respect
349	349	to the notice, introduction, and passage of this Act are fulfilled
350	350	and accomplished.
351	351	SECTION 4. (a) If this Act does not receive a two-thirds
352	352	vote of all the members elected to each house, Subchapter C, Chapter
353	353	8003, Special District Local Laws Code, as added by Section 1 of
354	354	this Act, is amended by adding Section 8003.106 to read as follows:
355	355	Sec. 8003.106. NO EMINENT DOMAIN POWER. The district may
356	356	not exercise the power of eminent domain.
357	357	(b) This section is not intended to be an expression of a
358	358	legislative interpretation of the requirements of Section 17(c),
359	359	Article I, Texas Constitution.
360	360	SECTION 5. This Act takes effect immediately if it receives
361	361	a vote of two-thirds of all the members elected to each house, as
362	362	provided by Section 39, Article III, Texas Constitution. If this
363	363	Act does not receive the vote necessary for immediate effect, this
364	364	Act takes effect September 1, 2017.