Texas 2017 - 85th Regular

Texas Senate Bill SB2268 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2268
	1	+	By: Creighton S.B. No. 2268
	2	+	(Bell)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		relating to the creation of the Montgomery County Municipal Utility
5	7		District No. 159; granting a limited power of eminent domain;
6	8		providing authority to issue bonds; providing authority to impose
7	9		assessments, fees, and taxes.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	12		Code, is amended by adding Chapter 8003 to read as follows:
11	13		CHAPTER 8003. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 159
12	14		SUBCHAPTER A. GENERAL PROVISIONS
13	15		Sec. 8003.001. DEFINITIONS. In this chapter:
14	16		(1) "Board" means the district's board of directors.
15	17		(2) "Commission" means the Texas Commission on
16	18		Environmental Quality.
17	19		(3) "Director" means a board member.
18	20		(4) "District" means the Montgomery County Municipal
19	21		Utility District No. 159.
20	22		Sec. 8003.002. NATURE OF DISTRICT. The district is a
21	23		municipal utility district created under Section 59, Article XVI,
22	24		Texas Constitution.
23	25		Sec. 8003.003. CONFIRMATION AND DIRECTORS' ELECTION
24	26		REQUIRED. The temporary directors shall hold an election to
25	27		confirm the creation of the district and to elect five permanent
26	28		directors as provided by Section 49.102, Water Code.
27	29		Sec. 8003.004. CONSENT OF MUNICIPALITY REQUIRED. The
28	30		temporary directors may not hold an election under Section 8003.003
29	31		until each municipality in whose corporate limits or
30	32		extraterritorial jurisdiction the district is located has
31	33		consented by ordinance or resolution to the creation of the
32	34		district and to the inclusion of land in the district.
33	35		Sec. 8003.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
34	36		(a) The district is created to serve a public purpose and benefit.
35	37		(b) The district is created to accomplish the purposes of:
36	38		(1) a municipal utility district as provided by
37	39		general law and Section 59, Article XVI, Texas Constitution; and
38	40		(2) Section 52, Article III, Texas Constitution, that
39	41		relate to the construction, acquisition, improvement, operation,
40	42		or maintenance of macadamized, graveled, or paved roads, or
41	43		improvements, including storm drainage, in aid of those roads.
42	44		Sec. 8003.006. INITIAL DISTRICT TERRITORY. (a) The
43	45		district is initially composed of the territory described by
44	46		Section 2 of the Act enacting this chapter.
45	47		(b) The boundaries and field notes contained in Section 2 of
46	48		the Act enacting this chapter form a closure. A mistake made in the
47	49		field notes or in copying the field notes in the legislative process
48	50		does not affect the district's:
49	51		(1) organization, existence, or validity;
50	52		(2) right to issue any type of bond for the purposes
51	53		for which the district is created or to pay the principal of and
52	54		interest on a bond;
53	55		(3) right to impose a tax; or
54	56		(4) legality or operation.
55	57		SUBCHAPTER B. BOARD OF DIRECTORS
56	58		Sec. 8003.051. GOVERNING BODY; TERMS. (a) The district is
57	59		governed by a board of five elected directors.
58	60		(b) Except as provided by Section 8003.052, directors serve
59	61		staggered four-year terms.
60	62		Sec. 8003.052. TEMPORARY DIRECTORS. (a) The temporary
61	63		board consists of:
62	64		(1) Roxanne Ellis;
63	65		(2) Elizabeth Galvan;
64	66		(3) George Moody;
65	67		(4) Doug OwYang; and
66	68		(5) Nick Terry.
67	69		(b) Temporary directors serve until the earlier of:
68	70		(1) the date permanent directors are elected under
69	71		Section 8003.003; or
70	72		(2) the fourth anniversary of the effective date of
71	73		the Act enacting this chapter.
72	74		(c) If permanent directors have not been elected under
73	75		Section 8003.003 and the terms of the temporary directors have
74	76		expired, successor temporary directors shall be appointed or
75	77		reappointed as provided by Subsection (d) to serve terms that
76	78		expire on the earlier of:
77	79		(1) the date permanent directors are elected under
78	80		Section 8003.003; or
79	81		(2) the fourth anniversary of the date of the
80	82		appointment or reappointment.
81	83		(d) If Subsection (c) applies, the owner or owners of a
82	84		majority of the assessed value of the real property in the district
83	85		may submit a petition to the commission requesting that the
84	86		commission appoint as successor temporary directors the five
85	87		persons named in the petition. The commission shall appoint as
86	88		successor temporary directors the five persons named in the
87	89		petition.
88	90		SUBCHAPTER C. POWERS AND DUTIES
89	91		Sec. 8003.101. GENERAL POWERS AND DUTIES. The district has
90	92		the powers and duties necessary to accomplish the purposes for
91	93		which the district is created.
92	94		Sec. 8003.102. MUNICIPAL UTILITY DISTRICT POWERS AND
93	95		DUTIES. The district has the powers and duties provided by the
94	96		general law of this state, including Chapters 49 and 54, Water Code,
95	97		applicable to municipal utility districts created under Section 59,
96	98		Article XVI, Texas Constitution.
97	99		Sec. 8003.103. AUTHORITY FOR ROAD PROJECTS. Under Section
98	100		52, Article III, Texas Constitution, the district may design,
99	101		acquire, construct, finance, issue bonds for, improve, operate,
100	102		maintain, and convey to this state, a county, or a municipality for
101	103		operation and maintenance macadamized, graveled, or paved roads, or
102	104		improvements, including storm drainage, in aid of those roads.
103	105		Sec. 8003.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
104	106		road project must meet all applicable construction standards,
105	107		zoning and subdivision requirements, and regulations of each
106	108		municipality in whose corporate limits or extraterritorial
107	109		jurisdiction the road project is located.
108	110		(b) If a road project is not located in the corporate limits
109	111		or extraterritorial jurisdiction of a municipality, the road
110	112		project must meet all applicable construction standards,
111	113		subdivision requirements, and regulations of each county in which
112	114		the road project is located.
113	115		(c) If the state will maintain and operate the road, the
114	116		Texas Transportation Commission must approve the plans and
115	117		specifications of the road project.
116	118		Sec. 8003.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
117	119		OR RESOLUTION. The district shall comply with all applicable
118	120		requirements of any ordinance or resolution that is adopted under
119	121		Section 54.016 or 54.0165, Water Code, and that consents to the
120	122		creation of the district or to the inclusion of land in the
121	123		district.
122	124		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
123	125		Sec. 8003.151. ELECTIONS REGARDING TAXES OR BONDS.
124	126		(a) The district may issue, without an election, bonds and other
125	127		obligations secured by:
126	128		(1) revenue other than ad valorem taxes; or
127	129		(2) contract payments described by Section 8003.153.
128	130		(b) The district must hold an election in the manner
129	131		provided by Chapters 49 and 54, Water Code, to obtain voter approval
130	132		before the district may impose an ad valorem tax or issue bonds
131	133		payable from ad valorem taxes.
132	134		(c) The district may not issue bonds payable from ad valorem
133	135		taxes to finance a road project unless the issuance is approved by a
134	136		vote of a two-thirds majority of the district voters voting at an
135	137		election held for that purpose.
136	138		Sec. 8003.152. OPERATION AND MAINTENANCE TAX. (a) If
137	139		authorized at an election held under Section 8003.151, the district
138	140		may impose an operation and maintenance tax on taxable property in
139	141		the district in accordance with Section 49.107, Water Code.
140	142		(b) The board shall determine the tax rate. The rate may not
141	143		exceed the rate approved at the election.
142	144		Sec. 8003.153. CONTRACT TAXES. (a) In accordance with
143	145		Section 49.108, Water Code, the district may impose a tax other than
144	146		an operation and maintenance tax and use the revenue derived from
145	147		the tax to make payments under a contract after the provisions of
146	148		the contract have been approved by a majority of the district voters
147	149		voting at an election held for that purpose.
148	150		(b) A contract approved by the district voters may contain a
149	151		provision stating that the contract may be modified or amended by
150	152		the board without further voter approval.
151	153		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
152	154		Sec. 8003.201. AUTHORITY TO ISSUE BONDS AND OTHER
153	155		OBLIGATIONS. The district may issue bonds or other obligations
154	156		payable wholly or partly from ad valorem taxes, impact fees,
155	157		revenue, contract payments, grants, or other district money, or any
156	158		combination of those sources, to pay for any authorized district
157	159		purpose.
158	160		Sec. 8003.202. TAXES FOR BONDS. At the time the district
159	161		issues bonds payable wholly or partly from ad valorem taxes, the
160	162		board shall provide for the annual imposition of a continuing
161	163		direct ad valorem tax, without limit as to rate or amount, while all
162	164		or part of the bonds are outstanding as required and in the manner
163	165		provided by Sections 54.601 and 54.602, Water Code.
164	166		Sec. 8003.203. BONDS FOR ROAD PROJECTS. At the time of
165	167		issuance, the total principal amount of bonds or other obligations
166	168		issued or incurred to finance road projects and payable from ad
167	169		valorem taxes may not exceed one-fourth of the assessed value of the
168	170		real property in the district.
169	171		SECTION 2. The Montgomery County Municipal Utility District
170	172		No. 159 initially includes all the territory contained in the
171	173		following area:
172	174		Tract 1: BEING A TRACT OF LAND CONTAINING 35.5536 ACRES
173	175		(1,548,716 SQUARE FEET) OUT OF THAT CERTAIN CALLED 66.9304 ACRE
174	176		TRACT RECORDED IN MONTGOMERY COUNTY CLERK'S FILE NO. 8522036 AND
175	177		FILM CODE NO. 342-01-1353 SITUATED IN THE SOLOMON BROWN SURVEY,
176	178		ABSTRACT NO. 5, IN MONTGOMERY COUNTY, TEXAS. SAID 35.5536 ACRE
177	179		TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
178	180		FOLLOWS:
179	181		BEGINNING: AT A 1 INCH IRON PIPE FOUND AT THE NORTHEAST CORNER
180	182		OF SAID 66.9304 ACRE, BEING THE NORTHWEST CORNER OF LOT 1,
181	183		CYPRESSWOOD ESTATES(UNRECORDED) IN THE SOUTH LINE OF THAT CERTAIN
182	184		CALLED 14.580 ACRE TRACT RECORDED IN FILM CODE NO. 577-01-1042 OF
183	185		THE MONTGOMERY COUNTY DEED RECORDS;
184	186		THENCE: SOUTH 03 DEGREES 10 MINUTES 26 SECONDS EAST, ALONG
185	187		THE EAST LINE OF SAID 66.9304 ACRE TRACT, BEING THE WEST LINE OF
186	188		SAID CYPRESSWOOD SUBDIVISION, A DISTANCE OF 3538.47 FEET TO A 1/2
187	189		INCH IRON ROD SET FOR THE SOUTHEAST CORNER IN THE NORTH LINE OF
188	190		PROPOSED NICHOLS SAWMILL ROAD (150 FEET WIDE) BEING IN A CURVE TO
189	191		THE RIGHT HAVING A RADIUS OF 1425.00 FEET;
190	192		THENCE: IN A NORTHWESTERLY DIRECTION WITH SAID NORTH LINE OF
191	193		NICHOLS SAWMILL ROAD ALONG SAID CURVE TO THE RIGHT HAVING A CENTRAL
192	194		ANGLE OF 50 DEGREES 04 MINUTES 41 SECONDS, AN ARC LENGTH OF
193	195		1255.68FEET (CHORD BEARING NORTH 27 DEGREES 24 MINUTES 49 SECONDS
194	196		WEST, 1206.22 FEET) TO A 1/2 INCH IRON ROD SET FOR THE POINT OF
195	197		TANGENCYIN THE WEST LINE OF SAID 66.9304 ACRE TRACT IN THE EAST LINE
196	198		OF SAID NICHOLS SAWMILL ROAD;
197	199		THENCE: NORTH 02 DEGREES 22 MINUTES 28 SECONDS WEST, ALONG
198	200		THE WEST LINE OF SAID 66.9304 ACRE TRACT AND THE EAST LINE OF SAID
199	201		NICHOLS SAWMILL ROAD, A DISTANCE OF 2445.24 FEET TO A 1/2 INCH IRON
200	202		ROD SET FOR THE NORTHWEST CORNER BEING THE NORTHWEST OF SAID 66.9304
201	203		ACRE TRACT IN THE SOUTH LINE OF SAID 14.580 ACRE TRACT;
202	204		THENCE: NORTH 87 DEGREES 37 MINUTES 18 SECONDS EAST, ALONG
203	205		THE NORTH LINE OF SAID 66.9304 ACRE TRACT, AND THE SOUTH LINE OF
204	206		SAID 14.580 ACRE TRACT, A DISTANCE OF 461.15 FEET {CALLED 509.27
205	207		FEET) TO THE POINT OF BEGINNING AND CONTAINING 35.5536 ACRES
206	208		(1,548,716 SQUARE FEET) OF LAND.
207	209		Tract 2: BEING A TRACT OF LAND CONTAINING 26.8287 ACRES
208	210		(1,168,660 SQUARE FEET) OUT OF THAT CERTAIN CALLED 66.9304 ACRES OF
209	211		LAND, IN THE SOLOMON BROWN SURVEY, ABSTRACT NO. 5, IN MONTGOMERY
210	212		COUNTY, TEXAS RECORDED IN MONTGOMERY COUNTY CLERK'S FILE NO.
211	213		8522036 AND FILM CODE NO. 342-01-1353, SAID 26.8287 ACRE TRACT
212	214		BEING MORE PARTICULARLYDESCRIBED BY METES AND BOUNDS AS FOLLOWS:
213	215		COMMENCING: AT A CALLED 1-1/2 INCH IRON PIPE NOT FOUND AT THE
214	216		SOUTHEAST CORNER OF 100.35 ACRE TRACT, RECORDED IN VOLUME 564, PAGE
215	217		557 OF THE DEED RECORDS OF HARRIS COUNTY TEXAS;
216	218		THENCE: NORTH 02 DEGREES 46 MINUTES 25 SECONDS WEST (CALLED
217	219		NORTH), ALONG THE EAST LINE OF SAID 100.35 ACRE TRACT, A DISTANCE OF
218	220		2778.97 FEET TO A POINT IN THE CENTER LINE OF SPRING CREEK, SAME
219	221		BEING THE COUNTY LINE BETWEEN HARRIS AND MONTGOMERY COUNTIES FOR
220	222		THE PLACE OF BEGINNING;
221	223		THENCE: UP THE CENTER LINE OF SPRING CREEK WITH THE MEANDERS
222	224		AS FOLLOWS: SOUTH 59 DEGREES 16 MINUTES 19 SECONDS WEST, 73.65 FEET;
223	225		NORTH 80 DEGREES 15 MINUTES 00 SECONDS WEST, 134.72 FEET;
224	226		SOUTH 89 DEGREES 36 MINUTES 09 SECONDS WEST, 157.34 FEET;
225	227		NORTH 47 DEGREES 50 MINUTES 43 SECONDS WEST, 86.74 FEET;
226	228		NORTH 02 DEGREES 59 MINUTES 46 SECONDS EAST, 62.79 FEET;
227	229		NORTH 32 DEGREES 06 MINUTES 33 SECONDS WEST, 73.42 FEET;
228	230		SOUTH 75 DEGREES 04 MINUTES 22 SECONDS WEST, 80.38 FEET TO A
229	231		POINT FOR CORNER IN THE WEST LINE OF SAID 100.35 ACRE TRACT;
230	232		THENCE: NORTH 02 DEGREES 22 MINUTES 28 SECONDS WEST, A
231	233		DISTANCE OF 2483.93 TO A 1/2 INCH IRON ROD SET IN THE SOUTH LINE OF
232	234		PROPOSED NICHOLS SAWMILL ROAD (150 FEET WIDE), BEING IN A CURVE TO
233	235		THE LEFT HAVING A RADIUS OF 1575.00 FEET;
234	236		THENCE: IN A SOUTHEASTERLY DIRECTION ALONG THE SOUTH LINE OF
235	237		SAID NICHOLS SAWMILL ROAD AND SAID CURVE TO THE LEFT, WITH CENTRAL
236	238		ANGLE OF 29 DEGREES 17 MINUTES 28 SECONDS ARC LENGTH OF 805.18 FEET
237	239		(CHORD BEARS SOUTH 42 DEGREES 13 MINUTES 44 SECONDS EAST, 796.44
238	240		FEET) TO A 1/2 INCH IRON ROD SET FOR THE NORTHEAST CORNER IN THE EAST
239	241		LINE OF SAID 66.9304 ACRE TRACT;
240	242		THENCE: SOUTH 02 DEGREES 46 MINUTES 25 SECONDS EAST (CALLED
241	243		SOUTH), ALONG THE EAST LINE OF SAID 66.9304 ACRE TRACT, 2,040.94
242	244		FEET TO THE PLACE OF BEGINNING.
243	245		Tract 3: BEING 1.3561 ACRES (59,074 SQUARE FEET) OF LAND
244	246		KNOWN AS LOTS 19 AND 20, BLOCK 4, CYPRESS WOOD ESTATES, AN
245	247		UNRECORDED SUBDIVISION OF 145.93 ACRES SITUATED IN THE SOLOMON
246	248		BROWN SURVEY A-5, MONTGOMERY COUNTY, TEXAS, A PART OF AND OUT OF A
247	249		50.01 ACRE TRACT, CONVEYED BY DEED, TO DREW T. SPENCER, TRUSTEE,
248	250		DATED JUNE 8, 1978, RECORDED IN VOLUME 1082, PAGE 112 OF THE DEED
249	251		RECORDS, MONTGOMERY COUNTY, TEXAS, SAID 1.3561 ACRES BEING MORE
250	252		PARTICULARLY AS FOLLOWS:
251	253		BEGINNING: AT A 1/2 INCH IRON ROD SET FOR THE NORTHWEST CORNER
252	254		OF SAID LOT 19, THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT,
253	255		SOUTH 03 DEGREES 10 MINUTES 26 SECONDS EAST, 1815.03 FEET FROM THE
254	256		NORTHWEST CORNER OF SAID 50.01 ACRE TRACT;
255	257		THENCE: NORTH 86 DEGREES 40 MINUTES 18 SECONDS EAST, ALONG
256	258		THE SOUTH LINE OF LOT 18, A DISTANCE OF 293.56 FEET, TO A 1/2 INCH
257	259		IRON ROD SET FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
258	260		THENCE: SOUTH 02 DEGREES 39 MINUTES 21 SECONDS EAST, ALONG
259	261		THE WEST LINE OF SPENCER BOULEVARD (60 FOOT RIGHT-OF-WAY), A
260	262		DISTANCE OF 201.87 FEET TO A 1/2 INCH IRON ROD SET FOR THE SOUTHEAST
261	263		CORNER OF THE HEREIN DESCRIBED TRACT;
262	264		THENCE: SOUTH 86 DEGREES 40 MINUTES 18 SECONDS WEST, ALONG
263	265		THE SOUTH LINE OF SAID LOT 20, A DISTANCE OF 291.74 FEET TO A 1/2
264	266		INCH IRON ROD SET IN THE WEST LINE OF SAID 50.01 ACRE TRACT, ALSO
265	267		BEING THE WEST LINE OF SAID 145.93 ACRE TRACT, FOR THE SOUTHWEST
266	268		CORNER OF THE HEREIN DESCRIBED TRACT;
267	269		THENCE: NORTH 03 DEGREES 10 MINUTES 26 SECONDS WEST, ALONG
268	270		THE WEST LINE OF SAID 50.01 ACRE TRACT AND THE 145.93 ACRE TRACT, A
269	271		DISTANCE OF 201.86 FEET TO THE POINT OF BEGINNING, AND CONTAINING
270	272		WITHIN THESE METES AND BOUNDS 1.3561 ACRES OF LAND.
271	273		Tract 4: BEING 55.630 ACRES (2,423,234 SQUARE FEET) OF LAND
272	274		SITUATED IN SOLOMON BROWN SURVEY, A-5 MONTGOMERY COUNTY AND BEING
273	275		THE REMAINDER OF A TRACT OF LAND DESCRIBED AS 100.0262 ACRES AS
274	276		RECORDED IN MONTGOMERY COUNTY CLERK'S FILE NO. 8200920. SAID 55.630
275	277		ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
276	278		FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE
277	279		SYSTEM, SOUTH CENTRAL ZONE, NAD 83:
278	280		BEGINNING: AT A 5/8 INCH IRON ROD FOUND LOCATED AT THE
279	281		NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND AND BEING THE
280	282		NORTHEAST CORNER OF A 132.92 ACRE TRACT OF LAND CONVEYED TO LARRY M.
281	283		ROBINSON IN MONTGOMERY COUNTY CLERK'S FILE NO 2000008877, ON THE
282	284		NORTH LINE OF THE SOLOMON BROWN SURVEY, A-5 MONTGOMERY COUNTY, ON
283	285		THE SOUTH LINE OF THE A.F. BARRON SURVEY, A-94 AND ON THE SOUTH LINE
284	286		OF A 14.580 ACRE TRACT OF LAND AS CONVEYED TO RICHARD A. ABEL AND
285	287		WIFE, BETTY J. ABEL IN MONTGOMERY COUNTY CLERK'S FILE NO 8902849;
286	288		THENCE: NORTH 87 DEGREES 37 MINUTES 18 SECONDS EAST, ALONG
287	289		THE NORTH LINE OF THE SOLOMON BROWN SURVEY, A-5, THE SOUTH LINE OF
288	290		THE A. F. BARRON SURVEY, A-94 AND THE SOUTH LINE OF THE ABOVE
289	291		MENTIONED 14.580 ACRE TRACT OF LAND, A DISTANCE OF 359.00 FEET TO A
290	292		5/8 INCH IRON ROD WITH CAP FOUND AND THE NORTHEAST CORNER OF THE
291	293		TRACT HEREIN DESCRIBED. SAID IRON ROD ALSO BEING THE NORTHWEST
292	294		CORNER OF A 9.976 ACRE TRACT OF LAND AS CONVEYED TO MONTGOMERY
293	295		COUNTY, TEXAS IN MONTGOMERY COUNTY CLERK'S FILE NO 2008081469, IN
294	296		THE WEST RIGHT-OF-WAY LINE OF NICHOLS SAWMILL ROAD;
295	297		THENCE: SOUTH 02 DEGREES 22 MINUTES 28 SECONDS EAST, ALONG
296	298		THE WEST LINE OF THE ABOVE MENTIONED 9.976 ACRE TRACT OF LAND, AND
297	299		NICHOLS SAWMILL ROAD, A DISTANCE OF 2445.24 FEET TO A 5/8 INCH IRON
298	300		ROD WITH CAP SET AT THE POINT OF CURVATURE OF A CURVE TO THE LEFT;
299	301		THENCE: CONTINUING ALONG THE SAID WEST RIGHT-OF-WAY LINE
300	302		CURVING TO THE LEFT HAVING A RADIUS OF 1575.00 FEET, AN ARC LENGTH
301	303		OF 692.95 FEET, A CENRAL ANGLE OF 25 DEGREES 12 MINUTES 30 SECONDS
302	304		AND A CHORD WHICH BEARS SOUTH 14 DEGREES 58 MINUTES 45 SECONDS EAST,
303	305		A DISTANCE OF 687.38 FEET TO A 5/8 INCH IRON ROD WITH CAP SET AT THE
304	306		INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF NICHOLS SAWMILL
305	307		ROAD AND THE EASTERLY LINE OF SAID 100.0262 ACRE TRACT, THE
306	308		NORTHWEST CORNER OF A 26.8287 ACRE TRACT RECORDED UNDER MONTGOMERY
307	309		COUNTY CLERK'S FILE NO. 2015026351;
308	310		THENCE: SOUTH 02 DEGREES 22 MINUTES 28 SECONDS EAST, ALONG
309	311		THE EAST LINE OF SAID 100.0262 ACRE TRACT AND THE WEST LINE OF SAID
310	312		26.8287 ACRE TRACT, A DISTANCE OF 2492.06 FEET A 5/8 INCH IRON ROD
311	313		WITH CAP SET IN THE CENTERLINE OF SPRING CREEK (BEING THE DIVISION
312	314		LINE FOR HARRIS AND MONTGOMERY COUNTIES);
313	315		THENCE: ALONG THE CENTERLINE OF SAID SPRING CREEK, THE
314	316		FOLLOWING 8 COURSES:
315	317		1. NORTH 82 DEGREES 54 MINUTES 57 SECONDS WEST 40.47 FEET;
316	318		2. SOUTH 88 DEGREES 58 MINUTES 17 SECONDS WEST 26.59 FEET;
317	319		3. SOUTH 60 DEGREES 29 MINUTES 26 SECONDS WEST 45.00 FEET;
318	320		4. SOUTH 56 DEGREES 27 MINUTES 17 SECONDS WEST 37.16 FEET;
319	321		5. SOUTH 89 DEGREES 19 MINUTES 21 SECONDS WEST 90.45 FEET;
320	322		6. NORTH 81 DEGREES 15 MINUTES 31 SECONDS WEST 64.32 FEET;
321	323		7. NORTH 75 DEGREES 39 MINUTES 19 SECONDS WEST 46.75 FEET;
322	324		8. NORTH 80 DEGREES 45 MINUTES 16 SECONDS WEST 176.07 FEET
323	325		TO THE WEST LINE OF SAID 100.0262 ACRE TRACT FOR THE SOUTHWEST
324	326		CORNER OF THE HEREIN DESCRIBED TRACT;
325	327		THENCE: NORTH 02 DEGREES 22 MINUTES 24 SECONDS WEST, ALONG
326	328		THE WEST LINE OF SAID 100.0262 ACRE TRACT, AT 9.96 FEET PASS THE
327	329		SOUTHEAST CORNER OF A CALLED 132.92 ACRES RECORDED UNDER MONTGOMERY
328	330		COUNTY CLERK'S FILE NO. 2000008877, IN ALL A TOTAL DISTANCE OF
329	331		5576.58 FEET TO THE POINT OF BEGINNING AND CONTAINING 55.630
330	332		(2,423,234 SQUARE FEET) ACRES OF LAND.
331	333		SECTION 3. (a) The legal notice of the intention to
332	334		introduce this Act, setting forth the general substance of this
333	335		Act, has been published as provided by law, and the notice and a
334	336		copy of this Act have been furnished to all persons, agencies,
335	337		officials, or entities to which they are required to be furnished
336	338		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
337	339		Government Code.
338	340		(b) The governor, one of the required recipients, has
339	341		submitted the notice and Act to the Texas Commission on
340	342		Environmental Quality.
341	343		(c) The Texas Commission on Environmental Quality has filed
342	344		its recommendations relating to this Act with the governor, the
343	345		lieutenant governor, and the speaker of the house of
344	346		representatives within the required time.
345	347		(d) All requirements of the constitution and laws of this
346	348		state and the rules and procedures of the legislature with respect
347	349		to the notice, introduction, and passage of this Act are fulfilled
348	350		and accomplished.
349	351		SECTION 4. (a) If this Act does not receive a two-thirds
350	352		vote of all the members elected to each house, Subchapter C, Chapter
351	353		8003, Special District Local Laws Code, as added by Section 1 of
352	354		this Act, is amended by adding Section 8003.106 to read as follows:
353	355		Sec. 8003.106. NO EMINENT DOMAIN POWER. The district may
354	356		not exercise the power of eminent domain.
355	357		(b) This section is not intended to be an expression of a
356	358		legislative interpretation of the requirements of Section 17(c),
357	359		Article I, Texas Constitution.
358	360		SECTION 5. This Act takes effect immediately if it receives
359	361		a vote of two-thirds of all the members elected to each house, as
360	362		provided by Section 39, Article III, Texas Constitution. If this
361	363		Act does not receive the vote necessary for immediate effect, this
362	364		Act takes effect September 1, 2017.
363		-	______________________________ ______________________________
364		-	President of the Senate Speaker of the House
365		-	I hereby certify that S.B. No. 2268 passed the Senate on
366		-	May 4, 2017, by the following vote: Yeas 31, Nays 0.
367		-	______________________________
368		-	Secretary of the Senate
369		-	I hereby certify that S.B. No. 2268 passed the House on
370		-	May 19, 2017, by the following vote: Yeas 137, Nays 7, two
371		-	present not voting.
372		-	______________________________
373		-	Chief Clerk of the House
374		-	Approved:
375		-	______________________________
376		-	Date
377		-	______________________________
378		-	Governor