Texas 2017 - 85th Regular

Texas Senate Bill SB2273 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2273
	1	+	By: Campbell S.B. No. 2273
	2	+	(Kuempel)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the Kendall County Water Control and
6	8		Improvement District No. 4; granting a limited power of eminent
7	9		domain; providing authority to issue bonds; providing authority to
8	10		impose assessments, fees, and taxes.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle I, Title 6, Special District Local Laws
11	13		Code, is amended by adding Chapter 9074 to read as follows:
12	14		CHAPTER 9074. KENDALL COUNTY WATER CONTROL AND IMPROVEMENT
13	15		DISTRICT NO. 4
14	16		SUBCHAPTER A. GENERAL PROVISIONS
15	17		Sec. 9074.001. DEFINITIONS. In this chapter:
16	18		(1) "Board" means the district's board of directors.
17	19		(2) "Commission" means the Texas Commission on
18	20		Environmental Quality.
19	21		(3) "Director" means a board member.
20	22		(4) "District" means the Kendall County Water Control
21	23		and Improvement District No. 4.
22	24		Sec. 9074.002. NATURE OF DISTRICT. The district is a water
23	25		control and improvement district created under Section 59, Article
24	26		XVI, Texas Constitution.
25	27		Sec. 9074.003. CONFIRMATION AND DIRECTORS' ELECTION
26	28		REQUIRED. The temporary directors shall hold an election to
27	29		confirm the creation of the district and to elect five permanent
28	30		directors as provided by Section 49.102, Water Code.
29	31		Sec. 9074.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	32		temporary directors may not hold an election under Section 9074.003
31	33		until each municipality in whose corporate limits or
32	34		extraterritorial jurisdiction the district is located has
33	35		consented by ordinance or resolution to the creation of the
34	36		district and to the inclusion of land in the district.
35	37		Sec. 9074.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	38		(a) The district is created to serve a public purpose and benefit.
37	39		(b) The district is created to accomplish the purposes of:
38	40		(1) a water control and improvement district as
39	41		provided by general law and Section 59, Article XVI, Texas
40	42		Constitution; and
41	43		(2) Section 52, Article III, Texas Constitution, that
42	44		relate to the construction, acquisition, improvement, operation,
43	45		or maintenance of macadamized, graveled, or paved roads, or
44	46		improvements, including storm drainage, in aid of those roads.
45	47		Sec. 9074.006. INITIAL DISTRICT TERRITORY. (a) The
46	48		district is initially composed of the territory described by
47	49		Section 2 of the Act enacting this chapter.
48	50		(b) The boundaries and field notes contained in Section 2 of
49	51		the Act enacting this chapter form a closure. A mistake made in the
50	52		field notes or in copying the field notes in the legislative process
51	53		does not affect the district's:
52	54		(1) organization, existence, or validity;
53	55		(2) right to issue any type of bond for the purposes
54	56		for which the district is created or to pay the principal of and
55	57		interest on a bond;
56	58		(3) right to impose a tax; or
57	59		(4) legality or operation.
58	60		SUBCHAPTER B. BOARD OF DIRECTORS
59	61		Sec. 9074.051. GOVERNING BODY; TERMS. (a) The district is
60	62		governed by a board of five elected directors.
61	63		(b) Except as provided by Section 9074.052, directors serve
62	64		staggered four-year terms.
63	65		Sec. 9074.052. TEMPORARY DIRECTORS. (a) The temporary
64	66		board consists of:
65	67		(1) Stacy Keller-Lassiter;
66	68		(2) Doug Knell;
67	69		(3) Max Simpson;
68	70		(4) Victor Cummings; and
69	71		(5) Kenneth Myers.
70	72		(b) Temporary directors serve until the earlier of:
71	73		(1) the date permanent directors are elected under
72	74		Section 9074.003; or
73	75		(2) the fourth anniversary of the effective date of
74	76		the Act enacting this chapter.
75	77		(c) If permanent directors have not been elected under
76	78		Section 9074.003 and the terms of the temporary directors have
77	79		expired, successor temporary directors shall be appointed or
78	80		reappointed as provided by Subsection (d) to serve terms that
79	81		expire on the earlier of:
80	82		(1) the date permanent directors are elected under
81	83		Section 9074.003; or
82	84		(2) the fourth anniversary of the date of the
83	85		appointment or reappointment.
84	86		(d) If Subsection (c) applies, the owner or owners of a
85	87		majority of the assessed value of the real property in the district
86	88		may submit a petition to the commission requesting that the
87	89		commission appoint as successor temporary directors the five
88	90		persons named in the petition. The commission shall appoint as
89	91		successor temporary directors the five persons named in the
90	92		petition.
91	93		SUBCHAPTER C. POWERS AND DUTIES
92	94		Sec. 9074.101. GENERAL POWERS AND DUTIES. The district has
93	95		the powers and duties necessary to accomplish the purposes for
94	96		which the district is created.
95	97		Sec. 9074.102. WATER CONTROL AND IMPROVEMENT DISTRICT
96	98		POWERS AND DUTIES. The district has the powers and duties provided
97	99		by the general law of this state, including Chapters 49 and 51,
98	100		Water Code, applicable to water control and improvement districts
99	101		created under Section 59, Article XVI, Texas Constitution.
100	102		Sec. 9074.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	103		52, Article III, Texas Constitution, the district may design,
102	104		acquire, construct, finance, issue bonds for, improve, operate,
103	105		maintain, and convey to this state, a county, or a municipality for
104	106		operation and maintenance macadamized, graveled, or paved roads, or
105	107		improvements, including storm drainage, in aid of those roads.
106	108		Sec. 9074.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	109		road project must meet all applicable construction standards,
108	110		zoning and subdivision requirements, and regulations of each
109	111		municipality in whose corporate limits or extraterritorial
110	112		jurisdiction the road project is located.
111	113		(b) If a road project is not located in the corporate limits
112	114		or extraterritorial jurisdiction of a municipality, the road
113	115		project must meet all applicable construction standards, zoning and
114	116		subdivision requirements, and regulations of each county in which
115	117		the road project is located.
116	118		(c) If the state will maintain and operate the road, the
117	119		Texas Transportation Commission must approve the plans and
118	120		specifications of the road project.
119	121		Sec. 9074.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120	122		OR RESOLUTION. The district shall comply with all applicable
121	123		requirements of any ordinance or resolution that is adopted under
122	124		Section 42.042 or 42.0425, Local Government Code, and consents to
123	125		the creation of the district or to the inclusion of land in the
124	126		district.
125	127		Sec. 9074.106. DIVISION OF DISTRICT. (a) The district may
126	128		be divided into two or more new districts only if the district:
127	129		(1) has no outstanding bonded debt; and
128	130		(2) is not imposing ad valorem taxes.
129	131		(b) This chapter applies to any new district created by the
130	132		division of the district, and a new district has all the powers and
131	133		duties of the district.
132	134		(c) Any new district created by the division of the district
133	135		may not, at the time the new district is created, contain any land
134	136		outside the area described by Section 2 of the Act enacting this
135	137		chapter.
136	138		(d) The board, on its own motion or on receipt of a petition
137	139		signed by the owner or owners of a majority of the assessed value of
138	140		the real property in the district, may adopt an order dividing the
139	141		district.
140	142		(e) The board may adopt an order dividing the district
141	143		before or after the date the board holds an election under Section
142	144		9074.003 to confirm the district's creation.
143	145		(f) An order dividing the district shall:
144	146		(1) name each new district;
145	147		(2) include the metes and bounds description of the
146	148		territory of each new district;
147	149		(3) appoint temporary directors for each new district;
148	150		and
149	151		(4) provide for the division of assets and liabilities
150	152		between or among the new districts.
151	153		(g) On or before the 30th day after the date of adoption of
152	154		an order dividing the district, the district shall file the order
153	155		with the commission and record the order in the real property
154	156		records of each county in which the district is located.
155	157		(h) Any new district created by the division of the district
156	158		shall hold a confirmation and directors' election as required by
157	159		Section 9074.003.
158	160		(i) Any new district created by the division of the district
159	161		must hold an election as required by this chapter to obtain voter
160	162		approval before the district may impose a maintenance tax or issue
161	163		bonds payable wholly or partly from ad valorem taxes.
162	164		Sec. 9074.107. LIMITATION ON USE OF EMINENT DOMAIN. The
163	165		district may not exercise the power of eminent domain outside the
164	166		district boundaries to acquire a site or easement for:
165	167		(1) a recreational facility, as defined by Section
166	168		49.462, Water Code; or
167	169		(2) a road project authorized by Section 9074.103.
168	170		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
169	171		Sec. 9074.151. ELECTIONS REGARDING TAXES OR BONDS.
170	172		(a) The district may issue, without an election, bonds and other
171	173		obligations secured by:
172	174		(1) revenue other than ad valorem taxes; or
173	175		(2) contract payments described by Section 9074.153.
174	176		(b) The district must hold an election in the manner
175	177		provided by Chapters 49 and 51, Water Code, to obtain voter approval
176	178		before the district may impose an ad valorem tax or issue bonds
177	179		payable from ad valorem taxes.
178	180		(c) The district may not issue bonds payable from ad valorem
179	181		taxes to finance a road project unless the issuance is approved by a
180	182		vote of a two-thirds majority of the district voters voting at an
181	183		election held for that purpose.
182	184		Sec. 9074.152. OPERATION AND MAINTENANCE TAX. (a) If
183	185		authorized at an election held under Section 9074.151, the district
184	186		may impose an operation and maintenance tax on taxable property in
185	187		the district in accordance with Section 49.107, Water Code.
186	188		(b) The board shall determine the tax rate. The rate may not
187	189		exceed the rate approved at the election.
188	190		Sec. 9074.153. CONTRACT TAXES. (a) In accordance with
189	191		Section 49.108, Water Code, the district may impose a tax other than
190	192		an operation and maintenance tax and use the revenue derived from
191	193		the tax to make payments under a contract after the provisions of
192	194		the contract have been approved by a majority of the district voters
193	195		voting at an election held for that purpose.
194	196		(b) A contract approved by the district voters may contain a
195	197		provision stating that the contract may be modified or amended by
196	198		the board without further voter approval.
197	199		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
198	200		Sec. 9074.201. AUTHORITY TO ISSUE BONDS AND OTHER
199	201		OBLIGATIONS. The district may issue bonds or other obligations
200	202		payable wholly or partly from ad valorem taxes, impact fees,
201	203		revenue, contract payments, grants, or other district money, or any
202	204		combination of those sources, to pay for any authorized district
203	205		purpose.
204	206		Sec. 9074.202. TAXES FOR BONDS. At the time the district
205	207		issues bonds payable wholly or partly from ad valorem taxes, the
206	208		board shall provide for the annual imposition of a continuing
207	209		direct ad valorem tax, without limit as to rate or amount, while all
208	210		or part of the bonds are outstanding as required and in the manner
209	211		provided by Section 51.433, Water Code.
210	212		Sec. 9074.203. BONDS FOR ROAD PROJECTS. At the time of
211	213		issuance, the total principal amount of bonds or other obligations
212	214		issued or incurred to finance road projects and payable from ad
213	215		valorem taxes may not exceed one-fourth of the assessed value of the
214	216		real property in the district.
215	217		SECTION 2. The Kendall County Water Control and Improvement
216	218		District No. 4 initially includes all the territory contained in
217	219		the following area:
218	220		Being 151.629 acres of land and being 98.165 acres out of the Miguel
219	221		Garcia Survey No. 213, Abstract No. 197 and 53.198 acres out of the
220	222		Juan Ortiz Survey No. 190, Abstract No. 363, Kendall County, Texas,
221	223		being that same 151.763 acre tract of land as conveyed by deed
222	224		recorded in Volume 1503, Page 560, Official Public Records of
223	225		Kendall County, Texas, Said 151.629 acres of land being more
224	226		particularly described by metes and bounds as follows:
225	227		BEGINNING at a 1/2" rebar with MDS cap set in the south right-of-way
226	228		line of State Highway No. 46 (100.00-foot wide right-of-way) at the
227	229		northwest corner of the called 151.763 acre tract, the northeast
228	230		corner of the remaining portion of a called 347.5 acre tract
229	231		recorded in Volume 62 Page 251, Deed Records of Kendall County,
230	232		Texas, said point being the northwest corner of the tract herein
231	233		described;
232	234		THENCE, along the south right-of-way line of State Highway No. 46,
233	235		the north boundary line of the called 151.763 acre tract, the
234	236		following courses and distances:
235	237		North 83°23'20" East, a distance of 1805.20 feet (North 83°45 East, a
236	238		distance of 1805.2 feet- record), to a 1/2" rebar with MDS cap set
237	239		for point of curvature of a curve to the left;
238	240		Curving to the left with a radius of 1482.34 feet (1482.34
239	241		feet-record), a central angle of 17°07'12" (17°07'-record), a chord
240	242		bearing and distance of North 74°49'43" East, 441.28 feet, and an
241	243		arc length of 442.93 feet (442.8 feet-record), to a 1/2" rebar with
242	244		MDS cap set for point of tangency;
243	245		North 66°16'07" East, a distance of 142.67 feet (North 66°51' East, a
244	246		distance of 142.2 feet- record), to a 1/2" rebar with MDS cap set at
245	247		the northeast corner of the called 151.763 acre tract, the
246	248		northwest corner of the remaining portion of a called 300 acre tract
247	249		recorded in Volume 65, Page 377, Deed Records of Kendall County,
248	250		Texas, said point being the northeast corner of the tract herein
249	251		described;
250	252		THENCE, departing the south right-of-way line of State Highway
251	253		No. 46, along the east boundary line of the called 151.763 acre
252	254		tract, the west boundary line of the remaining portion of the called
253	255		300 acre tract, the following courses and distances:
254	256		South 00°38'03" West, a distance of 771.60 feet (South 01°02' West, a
255	257		distance of 771.6 feet- record), to a 4" cedar fence post found for
256	258		angle point;
257	259		South 00°31'29" West, a distance of 441.37 feet, (South 00°55' West,
258	260		a distance of 440.2 feet- record), to a 6" cedar fence post found
259	261		for corner;
260	262		North 89°59'11" East, a distance of 253.59 feet, (South 89°35' East,
261	263		a distance of 252.4 feet - record), to a 4" cedar fence post found
262	264		for angle point;
263	265		South 89°55'19" East, a distance of 443.77 feet, (South 89°30' East,
264	266		a distance of 445.4 feet- record), to a 10" cedar fence post found
265	267		for corner;
266	268		South 00°13'00" West, a distance of 1959.06 feet, (South 00°37' West,
267	269		a distance of 1959.6 feet-record), to a 10" cedar fence post found
268	270		at the southeast corner of the called 151.763 acre tract, the
269	271		southwest corner of the remaining portion of the called 300 acre
270	272		tract, being in the north boundary line of a called 293.6 acre tract
271	273		recorded in Volume 63, Page 209, Deed Records of Kendall County,
272	274		Texas, said point being the southeast corner of the tract herein
273	275		described;
274	276		THENCE, along the south boundary line of the called 151.763 acre
275	277		tract, the north boundary line of the called 293.6 acre tract, the
276	278		following courses and distances:
277	279		North 88°47'20" West, a distance of 431.20 feet, (North 88°20' West,
278	280		a distance of 433.6 feet- record), to a 6" cedar fence post found
279	281		for angle point;
280	282		North 88°42'19" West, a distance of 1219.83 feet, (North 88°24' West,
281	283		a distance of 1218.1 feet-record), to a 1/2" rebar found at the
282	284		southwest corner of the called 151.763 acre tract, the northwest
283	285		corner of the called 293.6 acre tract, being in the east boundary
284	286		line of the remaining portion of a called 347.5 acre tract recorded
285	287		in Volume 62, Page 251, Deed Records of Kendall County, Texas, said
286	288		point being the southwest corner of the tract herein described;
287	289		THENCE, along the west boundary line of the called 151.763 acre
288	290		tract, the east boundary line of the remaining portion of the called
289	291		347.5 acre tract, the following courses and distances:
290	292		North 02°12'22" West, a distance of 60.45 feet, (North 01°56' West, a
291	293		distance of 61.1 feet- record), to a 6" cedar fence post found for
292	294		angle point;
293	295		North 00°26'13" West, a distance of 160.10 feet, (North 00°04' East,
294	296		a distance of 160.2 feet- record), to a 6" cedar fence post found
295	297		for angle point;
296	298		North 15°10'34" East, a distance of 159.00 feet, (North 15°34' East,
297	299		a distance of 159.2 feet- record), to a 6" cedar fence post found
298	300		for corner;
299	301		North 89°33'27" West, a distance of 432.92 feet, (North 89°11' West,
300	302		a distance of 433.9 feet- record), to a 1/2" rebar found for corner;
301	303		North 11°27'38" West, a distance of 311.00 feet, (North 11°08' West,
302	304		a distance of 311.0 feet- record), to a 1/2" rebar with MOS cap set
303	305		for angle point;
304	306		North 15°40'38" West, a distance of 61.30 feet, (North 15°21' West, a
305	307		distance of 61.3 feet- record), to a 1/2" rebar with MOS cap set for
306	308		angle point;
307	309		North 24°30'38" West, a distance of 52.70 feet, (North 24°11' West, a
308	310		distance of 52.7 feet- record), to a 1/2" rebar with MOS cap set for
309	311		angle point;
310	312		North 37°04'09" West, a distance of 277.35 feet, (North 36°34' West,
311	313		a distance of 279.3 feet- record), to a 4" cedar fence post found
312	314		for angle point;
313	315		North 35°05'53" West, a distance of 231.81 feet, (North 34°58' West,
314	316		a distance of 230.6 feet- record), to a 6" cedar fence post found
315	317		for angle point;
316	318		North 28°41'45" West, a distance of 287.05 feet, (North 28°15' West,
317	319		a distance of 287.1 feet- record), to a 6" cedar fence post found
318	320		for angle point;
319	321		North 27°47'44" West, a distance of 697.77 feet, (North 27°26' West,
320	322		a distance of 697.6 feet- record), to a 10" cedar fence post found
321	323		for angle point;
322	324		North 16°56'28" West, a distance of 168.46 feet, (North 16°55' West,
323	325		a distance of 169.0 feet- record), to a 10" cedar fence post found
324	326		for angle point;
325	327		North 07°27'01" West, a distance of 529.32 feet, (North 06°50' West,
326	328		a distance of 529.2 feet- record), to the POINT OF BEGINNING and
327	329		containing 151.629 acres of land, more or less.
328	330		Being 990.604 acres of land and being:
329	331		Tract 1, a called 347.5 acre tract of land out of the Juan Ortiz
330	332		Survey No. 190, Abstract No. 363, Kendall County, Texas, being that
331	333		same tract conveyed by deed recorded in Volume 62, Page 251, Deed
332	334		Records of Kendall County, Texas; save and except that certain 1.16
333	335		acre tract conveyed by deed to Kendall County for road widening
334	336		purposes recorded in Volume 66, Page 412, Deed Records of the
335	337		Kendall County, Texas;
336	338		Tract 2, a called 300 acre tract of land, being 194 acres out of the
337	339		Miguel Garcia Survey No. 213, Abstract No. 197, 84 acres out of the
338	340		A.M. Holbrook Survey No. 439, Abstract No. 263, and 22 acres out of
339	341		the C. Volk Survey No. 115, Abstract No. 673, Kendall County,
340	342		Texas, and being that same tract conveyed by deed recorded in Volume
341	343		65, Page 377, Deed Records of Kendall County, Texas, Volume 65, Page
342	344		378, Deed Records of Kendall County, Texas, and Volume 65, Page 380,
343	345		Deed Records of Kendall County, Texas; save and except that certain
344	346		2.24 acre tract conveyed by deed to Kendall County for road widening
345	347		purposes recorded in Volume 66, Page 413, Deed Records of the
346	348		Kendall County, Texas;
347	349		Tract 3, a called 67 acre tract of land out of the Juan Ortiz Survey
348	350		No. 190, Abstract No. 363, Kendall County, Texas, being that same
349	351		tract conveyed by deed recorded in Volume 63, Page 208, Deed Records
350	352		of Kendall County, Texas;
351	353		Tract 4, a called 293.6 acre tract of land, being 383.6 acres out of
352	354		the David Odom Survey No. 212, Abstract No. 371, and 30 acres out of
353	355		the Juan Ortiz Survey No. 190, Abstract 363, Kendall County, Texas,
354	356		and being that same tract described by deed recorded in Volume 63,
355	357		Page 209, Deed Records of Kendall County, Texas, save and except
356	358		that certain 120 acre tract of land recorded in Volume 63, Page 215,
357	359		Deed Records of the Kendall County, Texas;
358	360		Said 990.604 acres of land being more particularly described by
359	361		metes and bounds as follows:
360	362		BEGINNING at a 1/2" rebar with MDS cap set in the south right-of-way
361	363		line of State Highway No. 46 (100.00-foot wide right-of-way) at the
362	364		northwest corner of the remaining portion of the called 347.5 acre
363	365		tract, the southwest corner of a called 1.16 acre tract conveyed to
364	366		Kendall County for road widening purposes recorded in Volume 66,
365	367		Page 412, Deed Records of Kendall County, Texas, the northeast
366	368		corner of a called 8 acre tract recorded in Volume 409, Page 653,
367	369		Official Public Records of Kendall County, Texas, said point being
368	370		the northwest corner of the tract herein described;
369	371		THENCE, along the south right-of-way line of State Highway No. 46,
370	372		the north boundary line of the remaining portion of the called 347.5
371	373		acre tract, the following courses and distances:
372	374		North 57°02'12" East, a distance of 1259.87 feet (North 57°24' East,
373	375		a distance of 1265.5 feet- record), to a 1/2" rebar with MDS cap set
374	376		for point of curvature of a curve to the right;
375	377		Curving to the right with a radius of 5679.97 feet (5679.65
376	378		feet-record), a central angle of 4°55'00" (04°55'-record), a chord
377	379		bearing and distance of North 59°29'42" East, 487.26 feet, and an
378	380		arc length of 487.41 feet (487.4 feet-record), to a 1/2" rebar with
379	381		MDS cap set for point of tangency;
380	382		North 61 °57'12" East, a distance of 298.10 feet (North 62°19' East,
381	383		a distance of 298.10 feet- record), to a 1/2'' rebar with MDS cap set
382	384		for point of curvature of a curve to the right;
383	385		Curving to the right with a radius of 1382.39 feet (1382.69
384	386		feet-record), a central angle of 21°26'08" (21°24'-record), a chord
385	387		bearing and distance of North 72°40'16" East, 514.17 feet, and an
386	388		arc length of 517.18 feet (516.14 feet-record), to a 1/2" rebar with
387	389		MDS cap set for point of tangency;
388	390		North 83°23'20"' East, a distance of 194.60 feet (North 83°45
389	391		East-record), to a 1/2" rebar with MDS cap set at the northeast
390	392		corner of the remaining portion of the called 347.5 acre tract, the
391	393		northwest corner of a called 151.763 acre tract recorded in Volume
392	394		1503, Page 560, Official Public Records of Kendall County, Texas;
393	395		THENCE, departing the south right-of-way line of State Highway
394	396		No. 46, along the east boundary line of the remaining portion of the
395	397		called 347.5 acre tract, the west boundary line of the called
396	398		151.763 acre tract, the following courses and distances:
397	399		South 07°27'01" East, a distance of 529.32 feet, (South 06°50' East,
398	400		a distance of 529.2 feet- record), to a 10" cedar fence post found
399	401		for angle point;
400	402		South 16°56'28" East, a distance of 168.46 feet, (South 16°55' East,
401	403		a distance of 169.0 feet- record), to a 10" cedar fence post found
402	404		for angle point;
403	405		South 27°47'44" East, a distance of 697.77 feet, (South 27°26' East a
404	406		distance of 697.6 feet- record), to a 6" cedar fence post found for
405	407		angle point;
406	408		South 28°41'45" East, a distance of 287.05 feet, (South 28°15' East,
407	409		a distance of 287.1 feet- record), to a 6" cedar fence post found
408	410		for angle point;
409	411		South 35°05'53" East, a distance of 231.81 feet, (South 34°58' East,
410	412		a distance of 230.6- record), to a 4" cedar fence post found for
411	413		angle point;
412	414		South 37°04'09" East, a distance of 277.35 feet, (South 36°34' East,
413	415		a distance of 279.3 feet- record), to a 1/2" rebar with MDS cap set
414	416		for angle point;
415	417		South 24°30'38" East, a distance of 52.70 feet, (South 24°11' East, a
416	418		distance of 52.7-record), to a 1/2" rebar with MDS cap set for angle
417	419		point;
418	420		South 15°40'38" East, a distance of 61.30 feet, (South 15°21' East, a
419	421		distance of 61.3-record), to a 1/2" rebar with MDS cap set for angle
420	422		point;
421	423		South 11°27'38" East, a distance of 311.00 feet, (South 11°08' East,
422	424		a distance of 311 .0 feet- record), to a 1/2" rebar found for
423	425		corner;
424	426		South 89°33'27" East, a distance of 432.92 feet, (South 89°11' east,
425	427		a distance of 433.9 feet- record), to a 6" cedar fence post found
426	428		for corner;
427	429		South 15°10'34" West, a distance of 159.00 feet, (South 15°34' West,
428	430		a distance of 159 .2 feet- record), to a 6" cedar fence post found
429	431		for angle point;
430	432		South 00°26'13" East, a distance of 160.10 feet, (South 00°04' West,
431	433		a distance of 160 .2 feet- record), to a 6" cedar fence post found
432	434		for angle point;
433	435		South 02°12'22" East, a distance of 60.45 feet, (South 01°56' East, a
434	436		distance of 61.1 feet- record), to a 1/2" rebar found at the
435	437		southwest corner of the called 151.763 acre tract, the northwest
436	438		corner of a called 293.6 acre tract recorded in Volume 63, Page 209,
437	439		Deed Records of Kendall County, Texas;
438	440		THENCE, along the south boundary line of the called 151.763 acre
439	441		tract, the north boundary line of the called 293.6 acre tract, the
440	442		following courses and distances:
441	443		South 88°42'19" East, a distance of 1219.83 feet, (South 88°24' East,
442	444		a distance of 1218.1 feet - record), to a 6" cedar fence post found
443	445		for angle point;
444	446		South 88°47'20" East, a distance of 431.20 feet, (South 88°20' East,
445	447		a distance of 433.6 feet- record), to a 10" cedar fence post found
446	448		at the southeast corner of the called 151.763 acre tract, the
447	449		southwest corner of the remaining portion of the called 300 acre
448	450		tract;
449	451		THENCE, along the east boundary line of the called 151.763 acre
450	452		tract, the west boundary line of the remaining portion of the called
451	453		300 acre tract, the following courses and distances:
452	454		North 00°13'00" East, a distance of 1959.06 feet, (North 00°37' East,
453	455		a distance of 1959 .6 feet-record), to a 10" cedar fence post found
454	456		for corner;
455	457		North 89°55'19" West, a distance of 443.77 feet, (North 89°30' West,
456	458		a distance of 445.4 feet- record), to a 4" cedar fence post found
457	459		for angle point;
458	460		South 89°59'11" West, a distance of 253.59 feet, (North 89°35' West,
459	461		a distance of 252.4 feet - record), to a 6" cedar fence post found
460	462		for corner;
461	463		North 00°31'29" East, a distance of 441.37 feet, (North 00°55' East,
462	464		a distance of 440.2 feet- record), to a 4" cedar fence post found
463	465		for angle point;
464	466		North 00°38'03" East, a distance of 771.60 feet (North 01°02' East, a
465	467		distance of 771.6 feet- record), to a 1/2" rebar with MDS cap set in
466	468		the south right-of-way line of State Highway No. 46 at the
467	469		northeast corner of the called 151.763 acre tract, the northwest
468	470		corner of the remaining portion of the called 300 acre tract;
469	471		THENCE, along the south right-of-way line of State Highway No. 46,
470	472		the north boundary line of the remaining portion of the called 300
471	473		acre tract, North 66°16'07" East, a distance of 3817.90 feet (North
472	474		66°36' East-record), to a W' rebar with MDS cap set at the northeast
473	475		corner of the remaining portion of the called 300 acre tract, the
474	476		southeast corner of a called 2.24 acre tract conveyed to Kendall
475	477		County for road widening purposes recorded in Volume 66, Page 413,
476	478		Deed Records of Kendall County, Texas, the northwest corner of a
477	479		called 8.103 acre tract recorded in Volume 475, Page 778, Deed
478	480		Records of Kendall County, Texas;
479	481		THENCE, departing the south right-of-way line of State Highway
480	482		No. 46, along the east boundary line of the remaining portion of the
481	483		called 300 acre tract, the west boundary line of the called 8.103
482	484		acre tract, the west boundary line of a called 9.000 acre tract
483	485		recorded in Volume 1094, Page 1035, Official Public Records of
484	486		Kendall County, Texas, the west boundary line of a called 5.000 acre
485	487		tract recorded in Volume 488, Page 774, Official Public Records of
486	488		Kendall County, Texas, and the west boundary line of a called 6.000
487	489		acre tract recorded in Volume 446, Page 211, Official Public
488	490		Records of Kendall County, Texas, South 00°24'57" West, a distance
489	491		of 1532.05 feet (South 00°27'49" West, a distance of 1531.94
490	492		feet-record), to a 1/2" rebar found at the southwest corner of the
491	493		called 6.000 acre tract, the northwest corner of a called 97.358
492	494		acre tract recorded in Volume 241, Page 22, Deed Records of Kendall
493	495		County, Texas;
494	496		THENCE, continuing along the east boundary line of the remaining
495	497		portion of the called 300 acre tract, the west boundary line of the
496	498		called 97.358 acre tract, South 00°00'09" East, a distance of 468.01
497	499		feet (South 00°08'45" East, a distance of 468.07 feet-record), to a
498	500		1/2" rebar found for angle point;
499	501		THENCE, continuing along the east boundary line of the remaining
500	502		portion of the called 300 acre tract, the west boundary line of the
501	503		called 97.358 acre tract, South 00°24'40" West, a distance of
502	504		2771.22 feet (South 00°32'12" East, a distance of 2771.53
503	505		feet-record), to a 1/2" rebar found at the southeast corner of the
504	506		remaining portion of the called 300 acre tract, being an angle point
505	507		in the north boundary line of a called 41.91 acre tract recorded in
506	508		Volume 619, Page 173, Official Public Records of Kendall County,
507	509		Texas;
508	510		THENCE, along the south boundary line of the remaining portion of
509	511		the called 300 acre tract, the north boundary line of the called
510	512		41.91 acre tract, North 89°03'39" West, a distance of 885.87 feet
511	513		(North 88°56'28" West, a distance of 886.60 feet-record), to a 1/2"
512	514		rebar with MDS cap set at the northeast corner of the remaining
513	515		portion of the called 413.6 acre tract, the northwest corner of the
514	516		called 41.91 acre tract;
515	517		THENCE, along the east boundary line of the remaining portion of the
516	518		called 413.6 acre tract, the west boundary line of the called 41.91
517	519		acre tract, the following courses and distances:
518	520		South 02°28'57" East, a distance of 436.13 feet (South 02°25'58"
519	521		East, a distance of 436.13 feet -record), to a 1/2" rebar found for
520	522		angle point;
521	523		South 02°17'03"' East, a distance of 507.19 feet (South 02°08'19"
522	524		East, a distance of 507.23 feet-record), to a 1/2" rebar found for
523	525		angle point;
524	526		South 01°46'53" East, a distance of 738.18 (South 01°39'35" East, a
525	527		distance of 738.36 feet- record), to a 1/2" rebar found for an angle
526	528		point;
527	529		South 02°05'47" East, a distance of 30.48 feet (South 01°53'04" East,
528	530		a distance of 30.45 feet- record), to a 1/2" rebar found at the
529	531		southwest corner of the called 41.91 acre tract, the northwest
530	532		corner of a called 17.344 acre tract recorded in Volume 739, Page
531	533		752, Official Public Records of Kendall County, Texas;
532	534		THENCE, continuing along the east boundary line of the remaining
533	535		portion of the called 413.6 acre tract, the west boundary line of
534	536		the called 17.344 acre tract, the following courses and distances:
535	537		South 02°02'05" East, a distance of 397.23 feet (South 01°55'32"
536	538		East, a distance of 397.44 feet-record), to a 1/2" rebar found for
537	539		angle point;
538	540		South 03°58'20" East, a distance of 140.89 feet (South 03°53'00"
539	541		West, a distance of 140.81 feet-record), to a P.K. nail in rock
540	542		found for an angle point;
541	543		South 04°00'35" East, a distance of 169.12 (South 03°54'08" East, a
542	544		distance of 169.10 feet- record), to a 1/2" rebar found at the
543	545		southwest corner of the called 17.344 acre tract, the northwest
544	546		corner of a called 14.000 acre tract recorded in Volume 739, Page
545	547		752, Official Public Records of Kendall County, Texas;
546	548		THENCE, continuing along the east boundary line of the remaining
547	549		portion of the called 413.6 acre tract, the west boundary line of
548	550		the called 14.000, South 03°59'03" East, a distance of 598.44 feet
549	551		(South 03°54'08" East, a distance of 598.41 feet-record), to a 1/2"
550	552		rebar found at the southwest corner of the called 14.000 acre tract,
551	553		the northwest corner of a called 24.757 acre tract recorded in
552	554		Volume 621, Page 168, Official Public Records of Kendall County,
553	555		Texas;
554	556		THENCE, continuing along the east boundary line of the remaining
555	557		portion of the called 413.6 acre tract, the west boundary line of
556	558		the called 24.757, South 04°59'06" East, a distance of 473.65 feet
557	559		(South 04°51'06" East, a distance of 473.98 feet-record), to a P.K.
558	560		nail found at the southwest corner of the remaining portion of the
559	561		called 413.6 acre tract, the northeast corner of a called 185.416
560	562		acre tract recorded in Volume 292, Page 688, Deed Records of Kendall
561	563		County, Texas;
562	564		THENCE, along the south boundary line of the remaining portion of
563	565		the called 413.6 acre tract, the north boundary line of the called
564	566		185.416 acre tract, the following courses and distances:
565	567		North 88°02'17" West, a distance of 378.66 feet (North 88°22'35"
566	568		West, a distance of 378.80 feet-record), to a 1/2" rebar with MDS
567	569		cap set at the base of a 4" cedar fence post for angle point;
568	570		North 88°19'42" West, a distance of 1644.75 feet (North 88°34'35"
569	571		West, a distance of 1644.90 feet-record), to a 1/2" rebar with MDS
570	572		cap set at the base of a 4" cedar fence post for angle point;
571	573		North 88°24'29" West, a distance of 1491.14 feet (North 88°39' West,
572	574		a distance of 1490.65 feet-record), to a 1/2" rebar with MDS cap set
573	575		at the base of a 4" cedar fence post for angle point;
574	576		North 89°08'09" West, a distance of 168.14 feet (North 89°26'50"
575	577		West, a distance of 168.35 feet-record), to a P.K. nail set at the
576	578		base of a 10" cedar fence post for angle point;
577	579		South 29°52'11" West, a distance of 168.26 feet (South 29°43' West, a
578	580		distance of 167.60 feet-record), to a P.K. nail set at the base of a
579	581		8" cedar fence post at the southwest corner of the remaining portion
580	582		of the called 413.6 acre tract, the southeast corner of the
581	583		abovementioned 67 acre tract;
582	584		THENCE, along the south boundary line of the called 67 acre tract,
583	585		the north boundary line of the called 185.416 acre tract, the
584	586		following courses and distances:
585	587		North 89°45'50" West, a distance of 900.15 feet (North 89°58' West, a
586	588		distance of 900.90 feet-record), to a P.K. nail set at the base of
587	589		an 8" cedar fence post for angle point;
588	590		North 89°42'53" West, a distance of 183.99 feet (West, a distance of
589	591		183.95 feet-record), to a P.K. nail set at the base of a 10" cedar
590	592		fence post for angle point;
591	593		North 89°39'40" West, a distance of 322.30 feet (North 89°53'25"
592	594		West, a distance of 322.30 feet-record), to a P.K. nail at the base
593	595		of an 8" cedar fence post for the southwest corner of the called 67
594	596		acre tract;
595	597		THENCE, along the west boundary line of the called 67 acre tract,
596	598		the north boundary line of the called 185.416 acre tract, North
597	599		38°46'33" West, a distance of 1184.25 feet (North 38°57'50" West, a
598	600		distance of 1184.40 feet-record), to a 31" Live Oak tree found for
599	601		angle point, being an exterior corner of the called 185.416 acre
600	602		tract, an exterior corner of a called 185.358 acre tract recorded in
601	603		Volume 1271, Page 43, Official Public Records of Kendall County,
602	604		Texas;
603	605		THENCE, continuing along the west boundary line of the called 67
604	606		acre tract, an east boundary line of the called 185.358 acre tract,
605	607		North 39°44'52" West, a distance of 671.46 feet (North 40°04'15"
606	608		West, a distance of 671.15 feet-record), to a 1/2" rebar with MDS
607	609		cap set at the base of an 8" cedar fence post for the northwest
608	610		corner of the called 67 acre tract, the northeast corner of the
609	611		called 185.358 acre tract, being in the south boundary line of the
610	612		remaining portion of the abovementioned 347.5 acre tract;
611	613		THENCE, along the south boundary line of the remaining portion of
612	614		the called 347.5 acre tract, the north boundary line of the called
613	615		185.358 acre tract, the following courses and distances:
614	616		South 89°54'46" West, a distance of 1050.36 feet (North 88°42'30"
615	617		West, a distance of 1050.40 feet-record), to a 1/2" rebar with MDS
616	618		cap set at the base of a 6" cedar fence post for angle point;
617	619		North 84°35'37" West, a distance of 130.05 feet (North 84°45' West, a
618	620		distance of 130.55 feet-record), to 12" cedar fence post found at
619	621		the southwest corner of the remaining portion of the called 347.5
620	622		acre tract, the southeast corner of the remaining portion of a
621	623		called 85.656 acre tract recorded in Volume 665, Page 736 Official
622	624		Public Records of Kendall County, Texas;
623	625		THENCE, along the west boundary line of the remaining portion of the
624	626		called 347.5 acre tract, the east boundary line of the called 85.656
625	627		acre tract North 00°09'51" West, a distance of 1140.53 feet (North
626	628		00°06'41" East, a distance of 1141.24 feet-record), to a 1/2'' rebar
627	629		found at the southeast corner of the abovementioned 8 acre tract for
628	630		an angle point;
629	631		THENCE, continuing along the west boundary line of the remaining
630	632		portion of the called 347.5 acre tract, the east boundary line of
631	633		the called 8 acre tract North 00°11'13" West, a distance of 2520.53
632	634		feet North 00"06'41" East, a distance of 2519.34 feet-record), to
633	635		the POINT OF BEGINNING and containing 990.604 acres
634	636		SECTION 3. (a) The legal notice of the intention to
635	637		introduce this Act, setting forth the general substance of this
636	638		Act, has been published as provided by law, and the notice and a
637	639		copy of this Act have been furnished to all persons, agencies,
638	640		officials, or entities to which they are required to be furnished
639	641		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
640	642		Government Code.
641	643		(b) The governor, one of the required recipients, has
642	644		submitted the notice and Act to the Texas Commission on
643	645		Environmental Quality.
644	646		(c) The Texas Commission on Environmental Quality has filed
645	647		its recommendations relating to this Act with the governor, the
646	648		lieutenant governor, and the speaker of the house of
647	649		representatives within the required time.
648	650		(d) All requirements of the constitution and laws of this
649	651		state and the rules and procedures of the legislature with respect
650	652		to the notice, introduction, and passage of this Act are fulfilled
651	653		and accomplished.
652	654		SECTION 4. (a) Section 9074.107, Special District Local
653	655		Laws Code, as added by Section 1 of this Act, takes effect only if
654	656		this Act receives a two-thirds vote of all the members elected to
655	657		each house.
656	658		(b) If this Act does not receive a two-thirds vote of all the
657	659		members elected to each house, Subchapter C, Chapter 9074, Special
658	660		District Local Laws Code, as added by Section 1 of this Act, is
659	661		amended by adding Section 9074.107 to read as follows:
660	662		Sec. 9074.107. NO EMINENT DOMAIN POWER. The district may
661	663		not exercise the power of eminent domain.
662	664		(c) This section is not intended to be an expression of a
663	665		legislative interpretation of the requirements of Section 17(c),
664	666		Article I, Texas Constitution.
665	667		SECTION 5. This Act takes effect immediately if it receives
666	668		a vote of two-thirds of all the members elected to each house, as
667	669		provided by Section 39, Article III, Texas Constitution. If this
668	670		Act does not receive the vote necessary for immediate effect, this
669	671		Act takes effect September 1, 2017.
670		-	______________________________ ______________________________
671		-	President of the Senate Speaker of the House
672		-	I hereby certify that S.B. No. 2273 passed the Senate on
673		-	May 4, 2017, by the following vote: Yeas 31, Nays 0.
674		-	______________________________
675		-	Secretary of the Senate
676		-	I hereby certify that S.B. No. 2273 passed the House on
677		-	May 24, 2017, by the following vote: Yeas 137, Nays 9, two
678		-	present not voting.
679		-	______________________________
680		-	Chief Clerk of the House
681		-	Approved:
682		-	______________________________
683		-	Date
684		-	______________________________
685		-	Governor