Texas 2017 - 85th Regular

Texas Senate Bill SB321 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 321
	1	+	By: Nichols S.B. No. 321
	2	+	(Bailes)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the River Ranch Municipal Utility
6	8		District of Liberty County and the Riverside Municipal Utility
7	9		District of Liberty County; granting a limited power of eminent
8	10		domain; providing authority to issue bonds; providing authority to
9	11		impose assessments, fees, or taxes.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	14		Code, is amended by adding Chapter 7991 to read as follows:
13	15		CHAPTER 7991. RIVER RANCH MUNICIPAL UTILITY DISTRICT OF LIBERTY
14	16		COUNTY
15	17		SUBCHAPTER A. GENERAL PROVISIONS
16	18		Sec. 7991.001. DEFINITIONS. In this chapter:
17	19		(1) "Board" means the district's board of directors.
18	20		(2) "Commission" means the Texas Commission on
19	21		Environmental Quality.
20	22		(3) "Director" means a board member.
21	23		(4) "District" means the River Ranch Municipal Utility
22	24		District of Liberty County.
23	25		Sec. 7991.002. NATURE OF DISTRICT. The district is a
24	26		municipal utility district created under Section 59, Article XVI,
25	27		Texas Constitution.
26	28		Sec. 7991.003. CONFIRMATION AND DIRECTORS' ELECTION
27	29		REQUIRED. The temporary directors shall hold an election to
28	30		confirm the creation of the district and to elect five permanent
29	31		directors as provided by Section 49.102, Water Code.
30	32		Sec. 7991.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	33		temporary directors may not hold an election under Section 7991.003
32	34		until each municipality in whose corporate limits or
33	35		extraterritorial jurisdiction the district is located has
34	36		consented by ordinance or resolution to the creation of the
35	37		district and to the inclusion of land in the district.
36	38		Sec. 7991.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	39		(a) The district is created to serve a public purpose and benefit.
38	40		(b) The district is created to accomplish the purposes of:
39	41		(1) a municipal utility district as provided by
40	42		general law and Section 59, Article XVI, Texas Constitution; and
41	43		(2) Section 52, Article III, Texas Constitution, that
42	44		relate to the construction, acquisition, or improvement of
43	45		macadamized, graveled, or paved roads or improvements, including
44	46		storm drainage, in aid of those roads.
45	47		Sec. 7991.006. 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. 7991.051. 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 7991.052, directors serve
62	64		staggered four-year terms.
63	65		Sec. 7991.052. TEMPORARY DIRECTORS. (a) The temporary
64	66		board consists of:
65	67		(1) Coby Trent Elliott;
66	68		(2) Darrian Rainer Wright;
67	69		(3) Alma Lopez;
68	70		(4) Rosemarie S. Vitullo; and
69	71		(5) Gary Joseph Mitchell.
70	72		(b) Temporary directors serve until the earlier of:
71	73		(1) the date permanent directors are elected under
72	74		Section 7991.003; or
73	75		(2) September 1, 2021.
74	76		(c) If permanent directors have not been elected under
75	77		Section 7991.003 and the terms of the temporary directors have
76	78		expired, successor temporary directors shall be appointed or
77	79		reappointed as provided by Subsection (d) to serve terms that
78	80		expire on the earlier of:
79	81		(1) the date permanent directors are elected under
80	82		Section 7991.003; or
81	83		(2) the fourth anniversary of the date of the
82	84		appointment or reappointment.
83	85		(d) If Subsection (c) applies, the owner or owners of a
84	86		majority of the assessed value of the real property in the district
85	87		may submit a petition to the commission requesting that the
86	88		commission appoint as successor temporary directors the five
87	89		persons named in the petition. The commission shall appoint as
88	90		successor temporary directors the five persons named in the
89	91		petition.
90	92		SUBCHAPTER C. POWERS AND DUTIES
91	93		Sec. 7991.101. GENERAL POWERS AND DUTIES. The district has
92	94		the powers and duties necessary to accomplish the purposes for
93	95		which the district is created.
94	96		Sec. 7991.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	97		DUTIES. The district has the powers and duties provided by the
96	98		general law of this state, including Chapters 49 and 54, Water Code,
97	99		applicable to municipal utility districts created under Section 59,
98	100		Article XVI, Texas Constitution.
99	101		Sec. 7991.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	102		52, Article III, Texas Constitution, the district may design,
101	103		acquire, construct, finance, issue bonds for, improve, and convey
102	104		to this state, a county, or a municipality for operation and
103	105		maintenance macadamized, graveled, or paved roads or improvements,
104	106		including storm drainage, in aid of those roads.
105	107		Sec. 7991.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	108		road project must meet all applicable construction standards,
107	109		zoning and subdivision requirements, and regulations of each
108	110		municipality in whose corporate limits or extraterritorial
109	111		jurisdiction the road project is located.
110	112		(b) If a road project is not located in the corporate limits
111	113		or extraterritorial jurisdiction of a municipality, the road
112	114		project must meet all applicable construction standards,
113	115		subdivision requirements, and regulations of each county in which
114	116		the road project is located.
115	117		(c) If the state will maintain and operate the road, the
116	118		Texas Transportation Commission must approve the plans and
117	119		specifications of the road project.
118	120		Sec. 7991.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	121		OR RESOLUTION. The district shall comply with all applicable
120	122		requirements of any ordinance or resolution that is adopted under
121	123		Section 54.016 or 54.0165, Water Code, and that consents to the
122	124		creation of the district or to the inclusion of land in the
123	125		district.
124	126		Sec. 7991.106. DIVISION OF DISTRICT. (a) The district may
125	127		be divided into two or more new districts only if:
126	128		(1) the district has no outstanding bonded debt;
127	129		(2) the district is not imposing ad valorem taxes; and
128	130		(3) the requirements of Subsection (k) have been met.
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		7991.003 to confirm the creation of the district.
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 7991.003.
158	160		(i) If the creation of the new district is confirmed, the
159	161		new district shall provide the election date and results to the
160	162		commission.
161	163		(j) Any new district created by the division of the district
162	164		must hold an election as required by this chapter to obtain voter
163	165		approval before the district may impose a maintenance tax or issue
164	166		bonds payable wholly or partly from ad valorem taxes.
165	167		(k) If the district is located wholly or partly in the
166	168		corporate limits or the extraterritorial jurisdiction of a
167	169		municipality, the district may not divide under this section unless
168	170		the municipality by resolution or ordinance consents to the
169	171		division of the district. If the district is not located wholly or
170	172		partly in the corporate limits or extraterritorial jurisdiction of
171	173		a municipality, the district may not divide under this section
172	174		unless the commissioners court of each county in which the district
173	175		is wholly or partly located adopts a resolution or order consenting
174	176		to the division of the district.
175	177		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
176	178		Sec. 7991.151. ELECTIONS REGARDING TAXES OR BONDS.
177	179		(a) The district may issue, without an election, bonds and other
178	180		obligations secured by revenue other than ad valorem taxes.
179	181		(b) The district must hold an election in the manner
180	182		provided by Chapters 49 and 54, Water Code, to obtain voter approval
181	183		before the district may impose an ad valorem tax or issue bonds
182	184		payable from ad valorem taxes.
183	185		(c) The district may not issue bonds payable from ad valorem
184	186		taxes to finance a road project unless the issuance is approved by a
185	187		vote of a two-thirds majority of the district voters voting at an
186	188		election held for that purpose.
187	189		Sec. 7991.152. OPERATION AND MAINTENANCE TAX. (a) If
188	190		authorized at an election held under Section 7991.151, the district
189	191		may impose an operation and maintenance tax on taxable property in
190	192		the district in accordance with Section 49.107, Water Code.
191	193		(b) The board shall determine the tax rate. The rate may not
192	194		exceed the rate approved at the election.
193	195		Sec. 7991.153. CONTRACT TAXES. (a) In accordance with
194	196		Section 49.108, Water Code, the district may impose a tax other than
195	197		an operation and maintenance tax and use the revenue derived from
196	198		the tax to make payments under a contract after the provisions of
197	199		the contract have been approved by a majority of the district voters
198	200		voting at an election held for that purpose.
199	201		(b) A contract approved by the district voters may contain a
200	202		provision stating that the contract may be modified or amended by
201	203		the board without further voter approval.
202	204		Sec. 7991.154. WATER AND SEWER RATES. Notwithstanding any
203	205		other law, the district shall establish the same rates for
204	206		residential and commercial classes of customers for the provision
205	207		of water and sewer services. For purposes of this section, the
206	208		commercial class may not include apartment complexes or other
207	209		multifamily dwellings.
208	210		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
209	211		Sec. 7991.201. AUTHORITY TO ISSUE BONDS AND OTHER
210	212		OBLIGATIONS. The district may issue bonds or other obligations
211	213		payable wholly or partly from ad valorem taxes, impact fees,
212	214		revenue, contract payments, grants, or other district money, or any
213	215		combination of those sources, to pay for any authorized district
214	216		purpose.
215	217		Sec. 7991.202. TAXES FOR BONDS. At the time the district
216	218		issues bonds payable wholly or partly from ad valorem taxes, the
217	219		board shall provide for the annual imposition of a continuing
218	220		direct ad valorem tax, without limit as to rate or amount, while all
219	221		or part of the bonds are outstanding as required and in the manner
220	222		provided by Sections 54.601 and 54.602, Water Code.
221	223		Sec. 7991.203. BONDS FOR ROAD PROJECTS. At the time of
222	224		issuance, the total principal amount of bonds or other obligations
223	225		issued or incurred to finance road projects and payable from ad
224	226		valorem taxes may not exceed one-fourth of the assessed value of the
225	227		real property in the district.
226	228		SECTION 2. The River Ranch Municipal Utility District of
227	229		Liberty County initially includes all the territory contained in
228	230		the following area:
229	231		TRACT ONE
230	232		Being 6980.02 acres of land situated in the William Bloodgood
231	233		Survey, Abstract 3, the William D. Smith Survey, Abstract 106, the
232	234		H. E. & W. RR. Number 1131 Survey, Abstract 515, the William E.
233	235		Kierstead Survey, Abstract 693, the George Pace Survey, Abstract
234	236		805, the Louis Davis Survey, Abstract 18, the A. P. Blackwell
235	237		Survey, Abstract 782, the Robert Wiseman Survey, Abstract 392, and
236	238		the T. & N. O. RR. Survey, Abstract 383, in Liberty County, Texas,
237	239		and being the residue of that called 7449.781 acres of land as
238	240		recorded in Liberty County Clerk's File Number 2009008952 and being
239	241		more particularly described by metes and bounds as follows;
240	242		BEGINNING, at a found five eighths inch iron rod, marking the most
241	243		northwesterly corner of said called 7450.588 acre tract, the
242	244		southwesterly corner of a called 17.56 acre tract as recorded in
243	245		Liberty County Clerk's File Number 2006012623 and in the east line
244	246		of State Highway 146 (width varies). Said BEGINNING point having a
245	247		Texas State Plane Coordinate System, Central Zone (4203) Value of
246	248		Y= 9,997,553.25 and X= 4,013,812.92 (GRID);
247	249		1. THENCE, North 58 degrees 04 minutes 55 seconds East, along the
248	250		most northerly line of said called 7450.588 acre tract and the south
249	251		line of said called 17.56 acre tract, for a distance of 2,611.49
250	252		feet (called 2,601.00 feet), to a found one half inch iron rod
251	253		(disturbed) for an angle point;
252	254		2. THENCE, North 87 degrees 23 minutes 42 seconds East, continuing
253	255		along the northerly line of said called 7450.588 acre tract and the
254	256		south line of said called 17.56 acre tract, for a distance of 74.68
255	257		feet (called 74.54 feet) to a found one half inch iron rod
256	258		(disturbed) for an interior corner;
257	259		3. THENCE, North 02 degrees 41 minutes 57 seconds West, along an
258	260		interior corner of said called 7450.588 acre tract, for a distance
259	261		of 139.09 feet (called 138.89 feet), to a found one half inch iron
260	262		rod, marking an exterior corner of said called 7450.58 acre tract;
261	263		4. THENCE, North 87 degrees 27 minutes 21 seconds East, along an
262	264		exterior line of said called 7450.588 acre tract, a distance of
263	265		1038.04 feet to a found two inch iron pipe (disturbed);
264	266		5. THENCE, North 87 degrees 20 minutes 53 seconds East continuing
265	267		along an exterior line of said called 7450.588 acre tract a distance
266	268		of 6578.98 feet to a found two inch iron pipe;
267	269		6. THENCE, South 02 degrees 39 minutes 21 seconds East continuing
268	270		along an exterior line of said called 7450.588 acre tract a distance
269	271		of 139.61 feet to a found two inch iron pipe;
270	272		7. THENCE, North 87 degrees 16 minutes 21 seconds East continuing
271	273		along an exterior line of said called 7450.588 acre tract a distance
272	274		of 7238.81 feet to a found two inch iron pipe in the westerly
273	275		right-of-way line of Liberty County Road Number 455;
274	276		8. THENCE, South 15 degrees 26 minutes 45 seconds East along said
275	277		westerly right-of-way line of Liberty County Road Number 455, a
276	278		distance of 1458.52 feet to a found two inch iron pipe;
277	279		9. THENCE, North 86 degrees 22 minutes 33 seconds East a distance
278	280		of 61.66 feet to a found one half inch iron rod with cap 'BHA'
279	281		marking the north west corner of a called 2.67 acres as recorded in
280	282		Liberty County Clerks (LCCFN) 2012007988;
281	283		10. THENCE, South 15 degrees 08 minutes 32 seconds East along the
282	284		west line of said called 2.67 acres, a distance of 770.50 feet to an
283	285		angle point;
284	286		11. THENCE, South 00 degrees 46 minutes 36 seconds West a distance
285	287		of 349.09 feet to a found one and one half inch iron pipe marking the
286	288		northeast corner of a called 4.113 acres LCCFN 20108323;
287	289		12. THENCE, North 89 degrees 38 minutes 50 seconds West along the
288	290		northerly line of said a called 4.113 acres, a distance of 631.10
289	291		feet to a found one half inch iron rod with cap '5068';
290	292		13. THENCE, South 03 degrees 14 minutes 43 seconds East along the
291	293		westerly line of said a called 4.113 acres, a distance of 238.21
292	294		feet to a found one and one half inch iron pipe;
293	295		14. THENCE, South 77 degrees 57 minutes 13 seconds East along the
294	296		southerly line of said a called 4.113 acres a distance of 100.90
295	297		feet to the northerly line of called Possible Conflict Area in LCCFN
296	298		20078486;
297	299		15. THENCE, South 87 degrees 10 minutes 33 seconds West along the
298	300		northerly line of called Possible Conflict Area, a distance of
299	301		1866.59 feet to a found one and one half inch iron pipe (destroyed);
300	302		16. THENCE, South 03 degrees 22 minutes 15 seconds East along the
301	303		westerly line of called Possible Conflict Area, a distance of
302	304		103.25 feet to a 'Boat Spike in Concrete' marking the fenced
303	305		northerly of Hilton tract as recorded at LCCFN 20078486;
304	306		17. THENCE, South 02 degrees 53 minutes 32 seconds East along the
305	307		said Hilton tract, a distance of 3361.75 feet to a found one and one
306	308		half inch rod being in the north line of 1454.19 acre tract
307	309		described in Volume 1307, Page 88 of the Deed Records of Liberty
308	310		County (DRLC);
309	311		18. THENCE, South 87 degrees 17 minutes 29 seconds West along the
310	312		north line of said 1454.19 acre tract a distance of 463.43 feet to a
311	313		found one and one half inch rod;
312	314		19. THENCE, South 03 degrees 53 minutes 48 seconds East along the
313	315		west line of said 1454.19 acre tract, and the west line of that
314	316		certain called 473.221 acre tract described in Volume 1933, Page
315	317		384 DRLC, a distance of 11,157.52 feet to found two inch iron pipe
316	318		marking the southwest corner of said 473.221 acre tract;
317	319		20. THENCE, North 85 degrees 18 minutes 55 seconds East along the
318	320		south line of said 473.221 acre tract, a distance of 1570.06 feet to
319	321		found two and one half inch iron pipe;
320	322		21. THENCE, North 85 degrees 03 minutes 56 seconds East continuing
321	323		along said south line of said 473.221 acre tract, a distance of
322	324		1730.86 feet to a found five eighths inch iron rod in northwesterly
323	325		right-of-way line of the Coastal Industrial Water Authority Canal;
324	326		THENCE along and with said Coastal Industrial Water Authority Canal
325	327		right-of-way, the following six (6) courses:
326	328		1) THENCE, along a curve to the right 232.37 feet along,
327	329		said curve having a radius of 727.99 feet said curve having a chord
328	330		direction of South 33 degrees 18 minutes 41 seconds West and a chord
329	331		length of 231.39 feet;
330	332		2) THENCE, South 43 degrees 33 minutes 12 seconds West a
331	333		distance of 879.97 feet to a found five eighths inch iron rod;
332	334		3) THENCE, South 43 degrees 21 minutes 29 seconds West a
333	335		distance of 717.51 feet to a found five eighths inch iron rod;
334	336		4) THENCE, South 42 degrees 46 minutes 40 seconds West a
335	337		distance of 6748.15 feet to a found five eighths inch iron rod;
336	338		5) THENCE, South 68 degrees 32 minutes 55 seconds West a
337	339		distance of 388.20 feet to a found five eighths inch iron rod;
338	340		6) THENCE, South 01 degrees 29 minutes 02 seconds East a
339	341		distance of 117.76 feet to the centerline of Old River;
340	342		THENCE along and with said centerline of Old River, same being said
341	343		Wiseman Survey westerly line and said Welch Survey easterly line,
342	344		the following sixty-five (65) courses:
343	345		1) THENCE, South 58 degrees 09 minutes 08 seconds West a
344	346		distance of 15.75 feet to an angle point;
345	347		2) THENCE, North 64 degrees 44 minutes 18 seconds West a
346	348		distance of 91.26 feet to an angle point;
347	349		3) THENCE, North 32 degrees 00 minutes 26 seconds West a
348	350		distance of 136.24 feet to an angle point;
349	351		4) THENCE, South 66 degrees 19 minutes 52 seconds West a
350	352		distance of 64.65 feet to an angle point;
351	353		5) THENCE, North 43 degrees 26 minutes 23 seconds West a
352	354		distance of 46.30 feet to an angle point;
353	355		6) THENCE, North 29 degrees 49 minutes 53 seconds West a
354	356		distance of 59.08 feet to an angle point;
355	357		7) THENCE, North 06 degrees 18 minutes 15 seconds East a
356	358		distance of 37.01 feet to an angle point;
357	359		8) THENCE, North 23 degrees 39 minutes 11 seconds East a
358	360		distance of 52.62 feet to an angle point;
359	361		9) THENCE, North 31 degrees 33 minutes 27 seconds East a
360	362		distance of 77.59 feet to an angle point;
361	363		10) THENCE, North 13 degrees 09 minutes 50 seconds East a
362	364		distance of 87.73 feet to an angle point;
363	365		11) THENCE, North 20 degrees 07 minutes 22 seconds West a
364	366		distance of 11.17 feet to an angle point;
365	367		12) THENCE, North 59 degrees 01 minutes 35 seconds West a
366	368		distance of 62.45 feet to an angle point;
367	369		13) THENCE, North 46 degrees 03 minutes 11 seconds West a
368	370		distance of 30.31 feet to an angle point;
369	371		14) THENCE, North 14 degrees 26 minutes 18 seconds East a
370	372		distance of 104.09 feet to an angle point;
371	373		15) THENCE, North 27 degrees 55 minutes 38 seconds West a
372	374		distance of 38.19 feet to an angle point;
373	375		16) THENCE, North 36 degrees 17 minutes 37 seconds West a
374	376		distance of 60.70 feet to an angle point;
375	377		17) THENCE, North 35 degrees 26 minutes 18 seconds East a
376	378		distance of 23.80 feet to an angle point;
377	379		18) THENCE, North 69 degrees 01 minutes 02 seconds East a
378	380		distance of 165.04 feet to an angle point;
379	381		19) THENCE, North 43 degrees 19 minutes 31 seconds East a
380	382		distance of 21.99 feet to an angle point;
381	383		20) THENCE, North 16 degrees 10 minutes 24 seconds East a
382	384		distance of 46.70 feet to an angle point;
383	385		21) THENCE, North 17 degrees 01 minutes 36 seconds West a
384	386		distance of 86.60 feet to an angle point;
385	387		22) THENCE, North 08 degrees 32 minutes 02 seconds West a
386	388		distance of 87.59 feet to an angle point;
387	389		23) THENCE, North 10 degrees 49 minutes 06 seconds East a
388	390		distance of 19.61 feet to an angle point;
389	391		24) THENCE, North 69 degrees 03 minutes 33 seconds East a
390	392		distance of 16.49 feet to an angle point;
391	393		25) THENCE, South 63 degrees 21 minutes 41 seconds East a
392	394		distance of 123.98 feet to an angle point;
393	395		26) THENCE, North 84 degrees 00 minutes 08 seconds East a
394	396		distance of 46.55 feet to an angle point;
395	397		27) THENCE, North 25 degrees 09 minutes 01 seconds East a
396	398		distance of 20.14 feet to an angle point;
397	399		28) THENCE, North 15 degrees 23 minutes 39 seconds East a
398	400		distance of 22.11 feet to an angle point;
399	401		29) THENCE, North 66 degrees 13 minutes 45 seconds East a
400	402		distance of 41.01 feet to an angle point;
401	403		30) THENCE, North 84 degrees 10 minutes 10 seconds East a
402	404		distance of 43.69 feet to an angle point;
403	405		31) THENCE, South 68 degrees 10 minutes 57 seconds East a
404	406		distance of 121.53 feet to an angle point;
405	407		32) THENCE, North 84 degrees 58 minutes 51 seconds East a
406	408		distance of 22.29 feet to an angle point;
407	409		33) THENCE, North 63 degrees 25 minutes 30 seconds East a
408	410		distance of 23.15 feet to an angle point;
409	411		34) THENCE, North 07 degrees 58 minutes 23 seconds East a
410	412		distance of 38.31 feet to an angle point;
411	413		35) THENCE, North 02 degrees 03 minutes 41 seconds East a
412	414		distance of 53.18 feet to an angle point;
413	415		36) THENCE, North 32 degrees 30 minutes 05 seconds East a
414	416		distance of 130.71 feet to an angle point;
415	417		37) THENCE, North 47 degrees 36 minutes 35 seconds East a
416	418		distance of 110.53 feet to an angle point;
417	419		38) THENCE, North 04 degrees 43 minutes 59 seconds West a
418	420		distance of 30.78 feet to an angle point;
419	421		39) THENCE, North 33 degrees 31 minutes 55 seconds West a
420	422		distance of 26.08 feet to an angle point;
421	423		40) THENCE, North 39 degrees 08 minutes 01 seconds West a
422	424		distance of 66.79 feet to an angle point;
423	425		41) THENCE, North 22 degrees 19 minutes 44 seconds East a
424	426		distance of 38.56 feet to an angle point;
425	427		42) THENCE, North 54 degrees 43 minutes 58 seconds East a
426	428		distance of 38.32 feet to an angle point;
427	429		43) THENCE, South 65 degrees 09 minutes 17 seconds East a
428	430		distance of 103.31 feet to an angle point;
429	431		44) THENCE, North 28 degrees 04 minutes 20 seconds East a
430	432		distance of 37.48 feet to an angle point;
431	433		45) THENCE, North 08 degrees 48 minutes 54 seconds East a
432	434		distance of 114.60 feet to an angle point;
433	435		46) THENCE, North 21 degrees 43 minutes 04 seconds East a
434	436		distance of 107.20 feet to an angle point;
435	437		47) THENCE, North 55 degrees 52 minutes 47 seconds West a
436	438		distance of 19.09 feet to an angle point;
437	439		48) THENCE, North 80 degrees 47 minutes 51 seconds West a
438	440		distance of 84.42 feet to an angle point;
439	441		49) THENCE, South 70 degrees 45 minutes 49 seconds West a
440	442		distance of 98.65 feet to an angle point;
441	443		50) THENCE, North 08 degrees 27 minutes 34 seconds West a
442	444		distance of 74.91 feet to an angle point;
443	445		51) THENCE, North 42 degrees 34 minutes 37 seconds West a
444	446		distance of 55.08 feet to an angle point;
445	447		52) THENCE, North 03 degrees 20 minutes 32 seconds West a
446	448		distance of 134.32 feet to an angle point;
447	449		53) THENCE, North 10 degrees 41 minutes 17 seconds West a
448	450		distance of 227.57 feet to an angle point;
449	451		54) THENCE, North 60 degrees 20 minutes 56 seconds East a
450	452		distance of 77.08 feet to an angle point;
451	453		55) THENCE, North 44 degrees 11 minutes 48 seconds East a
452	454		distance of 40.40 feet to an angle point;
453	455		56) THENCE, North 26 degrees 03 minutes 04 seconds West a
454	456		distance of 73.67 feet to an angle point;
455	457		57) THENCE, North 24 degrees 08 minutes 47 seconds East a
456	458		distance of 73.80 feet to an angle point;
457	459		58) THENCE, North 36 degrees 57 minutes 07 seconds East a
458	460		distance of 178.12 feet to an angle point;
459	461		59) THENCE, North 16 degrees 05 minutes 57 seconds West a
460	462		distance of 84.97 feet to an angle point;
461	463		60) THENCE, North 01 degrees 11 minutes 32 seconds East a
462	464		distance of 125.69 feet to an angle point;
463	465		61) THENCE, North 83 degrees 06 minutes 00 seconds East a
464	466		distance of 28.45 feet to an angle point;
465	467		62) THENCE, North 04 degrees 15 minutes 12 seconds West a
466	468		distance of 338.20 feet to an angle point;
467	469		63) THENCE, North 16 degrees 11 minutes 51 seconds West a
468	470		distance of 34.92 feet to an angle point;
469	471		64) THENCE, North 73 degrees 51 minutes 47 seconds West a
470	472		distance of 50.61 feet to an angle point;
471	473		65) THENCE, South 87 degrees 32 minutes 41 seconds West a
472	474		distance of 68.54 feet to the most southerly corner of that certain
473	475		called 22.50 acre tract described in Volume 1619, page 569 of the
474	476		DRLC;
475	477		22. THENCE, North 57 degrees 02 minutes 30 seconds East along and
476	478		with the southeast line of said 22.50 acre tract, same being the
477	479		northwest line of said 77.50 acre tract, a distance of 2451.67 feet
478	480		to east corner of said 22.50 acre tract;
479	481		23. THENCE, North 32 degrees 57 minutes 30 seconds West along and
480	482		with said 22.50 acre tract, a distance of 419.64 feet to a found
481	483		five eighths inch iron rod marking the north corner of said 22.50
482	484		tract;
483	485		24. THENCE, South 57 degrees 03 minutes 57 seconds West a distance
484	486		of 5846.98 feet to a found five eighths inch iron rod with cap 'BHA
485	487		INC' the southeast corner of a called 68.1917 acre tract recorded at
486	488		LCCFN 2012016189;
487	489		25. THENCE, North 07 degrees 59 minutes 42 seconds West along the
488	490		east line of said called 68.1917 acre tract, a distance of 2943.33
489	491		feet to the most northerly corner of said called 68.1917 acre tract;
490	492		26. THENCE, South 19 degrees 28 minutes 28 seconds West along the
491	493		westerly line of said called 68.1917 acre tract, 4375.56 feet to a
492	494		found five eighths inch iron rod with cap 'BHA INC' the original
493	495		southerly line of said called 7449.781 acre tract;
494	496		27. THENCE, South 57 degrees 03 minutes 46 seconds West along said
495	497		original southerly line of said called 7449.781 acre tract a
496	498		distance of 751.74 feet to a found five eighths inch iron rod with
497	499		cap 'BHA INC' the southeast corner of a called 326.1099 acre tract
498	500		recorded at LCCFN 2012016189;
499	501		28. THENCE, North 19 degrees 32 minutes 27 seconds East along the
500	502		easterly line of said called 326.1099 acre tract, a distance of
501	503		5769.72 feet to a found five eighths inch iron rod with cap 'BHA INC'
502	504		the most northeasterly corner of said called 326.1099 acre tract;
503	505		29. THENCE, South 56 degrees 18 minutes 04 seconds West along the
504	506		northerly line of said called 326.1099 acre tract, a distance of
505	507		620.59 feet to a found five eighths inch iron rod with cap 'BHA INC';
506	508		30. THENCE, South 57 degrees 47 minutes 30 seconds West continuing
507	509		along the northerly line of said called 326.1099 acre tract, a
508	510		distance of 877.17 feet to a found five eighths inch iron rod with
509	511		cap 'BHA INC';
510	512		31. THENCE, South 58 degrees 39 minutes 47 seconds West continuing
511	513		along the northerly line of said called 326.1099 acre tract, a
512	514		distance of 161.98 feet to a found five eighths inch iron rod with
513	515		cap 'BHA INC';
514	516		32. THENCE, South 68 degrees 31 minutes 35 seconds West continuing
515	517		along the northerly line of said called 326.1099 acre tract, a
516	518		distance of 151.08 feet to a found five eighths inch iron rod with
517	519		cap 'BHA INC';
518	520		33. THENCE, South 59 degrees 23 minutes 14 seconds West continuing
519	521		along the northerly line of said called 326.1099 acre tract, a
520	522		distance of 156.34 feet to a found five eighths inch iron rod with
521	523		cap 'BHA INC';
522	524		34. THENCE, South 56 degrees 31 minutes 46 seconds West continuing
523	525		along the northerly line of said called 326.1099 acre tract, a
524	526		distance of 661.76 feet to a found five eighths inch iron rod with
525	527		cap 'BHA INC';
526	528		35. THENCE, South 57 degrees 20 minutes 26 seconds West continuing
527	529		along the northerly line of said called 326.1099 acre tract, a
528	530		distance of 811.33 feet to a found five eighths inch iron rod with
529	531		cap 'BHA INC';
530	532		36. THENCE, South 57 degrees 06 minutes 17 seconds West continuing
531	533		along the northerly line of said called 326.1099 acre tract, a
532	534		distance of 1865.29 feet to a found five eighths inch iron rod with
533	535		cap 'BHA INC' the most westerly northwest corner of said called
534	536		326.1099 acre tract;
535	537		37. THENCE, South 56 degrees 57 minutes 24 seconds West a distance
536	538		of 1137.99 feet a found one half inch iron rod for the most westerly
537	539		northwest corner of said called 326.1099 acre tract;
538	540		38. THENCE, South 33 degrees 26 minutes 26 seconds East a distance
539	541		of 448.39 feet to a found five eighths inch iron rod with cap 'BHA
540	542		INC';
541	543		39. THENCE, South 56 degrees 53 minutes 12 seconds West a distance
542	544		of 1150.30 feet to a found five eighths inch iron rod with cap 'BHA
543	545		INC' in east right-of-way line of State Highway Number 146;
544	546		THENCE, along and with said east right-of-way line of State Highway
545	547		Number 146, the following nine (9) courses:
546	548		1) THENCE, North 11 degrees 11 minutes 04 seconds West a
547	549		distance of 10062.63 feet to a TXDoT type ll monument for the point
548	550		of curvature of a curve to the right;
549	551		2) THENCE, an arc distance of 1298.55 feet along a curve to
550	552		the right, said curve having a radius of 22803.27 feet and a chord
551	553		direction and distance of North 09 degrees 32 minutes 08 seconds
552	554		West 1298.37 feet to a TXDoT type ll monument (disturbed);
553	555		3) THENCE, North 07 degrees 55 minutes 26 seconds West a
554	556		distance of 2291.62 feet to a TXDoT type ll monument for the point
555	557		of curvature of a curve to the left;
556	558		4) THENCE, an arc distance of along a curve to the left
557	559		537.71 feet along a curve to the left, said curve having a radius of
558	560		10845.00 feet said and a chord direction and distance of North 09
559	561		degrees 30 minutes 54 seconds West 537.66 feet;
560	562		5) THENCE, North 08 degrees 17 minutes 04 seconds West a
561	563		distance of 284.82 feet to a TXDoT type ll monument for the point of
562	564		curvature of a curve to the left;
563	565		6) THENCE, an arc distance of along a curve to the left
564	566		119.30 feet along a curve to the left, said curve having a radius of
565	567		4399.00 feet said and a chord direction and distance of North 09
566	568		degrees 56 minutes 28 seconds West and a chord length of 119.29 feet
567	569		to a TXDoT type ll monument;
568	570		7) THENCE, North 10 degrees 04 minutes 16 seconds West a
569	571		distance of 376.86 feet to an angle point to a TXDoT type ll
570	572		monument;
571	573		8) THENCE, South 82 degrees 05 minutes 03 seconds West a
572	574		distance of 18.68 feet to an angle point;
573	575		9) THENCE, North 07 degrees 54 minutes 46 seconds West, a
574	576		distance of 5746.34 feet to a set five eighths inch iron rod with
575	577		cap stamped "CCI", being the beginning of a curve to the right;
576	578		10) THENCE, an arc distance of 361.93 feet along said curve
577	579		to the right, said curve having a radius of 7630.00 feet and a chord
578	580		direction and distance of North 06 degrees 33 minutes 13 seconds
579	581		West 361.90 feet, to the POINT OF BEGINNING;
580	582		Bearings shown hereon are based on the Texas State Plane Coordinate
581	583		System, South Central Zone 4204, NAD 83.
582	584		SECTION 3. Subtitle F, Title 6, Special District Local Laws
583	585		Code, is amended by adding Chapter 8012 to read as follows:
584	586		CHAPTER 8012. RIVERSIDE MUNICIPAL UTILITY DISTRICT OF LIBERTY
585	587		COUNTY
586	588		SUBCHAPTER A. GENERAL PROVISIONS
587	589		Sec. 8012.001. DEFINITIONS. In this chapter:
588	590		(1) "Board" means the district's board of directors.
589	591		(2) "Commission" means the Texas Commission on
590	592		Environmental Quality.
591	593		(3) "Director" means a board member.
592	594		(4) "District" means the Riverside Municipal Utility
593	595		District of Liberty County.
594	596		Sec. 8012.002. NATURE OF DISTRICT. The district is a
595	597		municipal utility district created under Section 59, Article XVI,
596	598		Texas Constitution.
597	599		Sec. 8012.003. CONFIRMATION AND DIRECTORS' ELECTION
598	600		REQUIRED. The temporary directors shall hold an election to
599	601		confirm the creation of the district and to elect five permanent
600	602		directors as provided by Section 49.102, Water Code.
601	603		Sec. 8012.004. CONSENT OF MUNICIPALITY REQUIRED. The
602	604		temporary directors may not hold an election under Section 8012.003
603	605		until each municipality in whose corporate limits or
604	606		extraterritorial jurisdiction the district is located has
605	607		consented by ordinance or resolution to the creation of the
606	608		district and to the inclusion of land in the district.
607	609		Sec. 8012.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
608	610		(a) The district is created to serve a public purpose and benefit.
609	611		(b) The district is created to accomplish the purposes of:
610	612		(1) a municipal utility district as provided by
611	613		general law and Section 59, Article XVI, Texas Constitution; and
612	614		(2) Section 52, Article III, Texas Constitution, that
613	615		relate to the construction, acquisition, or improvement of
614	616		macadamized, graveled, or paved roads or improvements, including
615	617		storm drainage, in aid of those roads.
616	618		Sec. 8012.006. INITIAL DISTRICT TERRITORY. (a) The
617	619		district is initially composed of the territory described by
618	620		Section 4 of the Act enacting this chapter.
619	621		(b) The boundaries and field notes contained in Section 4 of
620	622		the Act enacting this chapter form a closure. A mistake made in the
621	623		field notes or in copying the field notes in the legislative process
622	624		does not affect the district's:
623	625		(1) organization, existence, or validity;
624	626		(2) right to issue any type of bond for the purposes
625	627		for which the district is created or to pay the principal of and
626	628		interest on a bond;
627	629		(3) right to impose a tax; or
628	630		(4) legality or operation.
629	631		SUBCHAPTER B. BOARD OF DIRECTORS
630	632		Sec. 8012.051. GOVERNING BODY; TERMS. (a) The district is
631	633		governed by a board of five elected directors.
632	634		(b) Except as provided by Section 8012.052, directors serve
633	635		staggered four-year terms.
634	636		Sec. 8012.052. TEMPORARY DIRECTORS. (a) The temporary
635	637		board consists of:
636	638		(1) Will King;
637	639		(2) Micky Redus;
638	640		(3) Jim Smesny;
639	641		(4) Dorothy Badgett; and
640	642		(5) Daniel Walker.
641	643		(b) Temporary directors serve until the earlier of:
642	644		(1) the date permanent directors are elected under
643	645		Section 8012.003; or
644	646		(2) September 1, 2021.
645	647		(c) If permanent directors have not been elected under
646	648		Section 8012.003 and the terms of the temporary directors have
647	649		expired, successor temporary directors shall be appointed or
648	650		reappointed as provided by Subsection (d) to serve terms that
649	651		expire on the earlier of:
650	652		(1) the date permanent directors are elected under
651	653		Section 8012.003; or
652	654		(2) the fourth anniversary of the date of the
653	655		appointment or reappointment.
654	656		(d) If Subsection (c) applies, the owner or owners of a
655	657		majority of the assessed value of the real property in the district
656	658		may submit a petition to the commission requesting that the
657	659		commission appoint as successor temporary directors the five
658	660		persons named in the petition. The commission shall appoint as
659	661		successor temporary directors the five persons named in the
660	662		petition.
661	663		SUBCHAPTER C. POWERS AND DUTIES
662	664		Sec. 8012.101. GENERAL POWERS AND DUTIES. The district has
663	665		the powers and duties necessary to accomplish the purposes for
664	666		which the district is created.
665	667		Sec. 8012.102. MUNICIPAL UTILITY DISTRICT POWERS AND
666	668		DUTIES. The district has the powers and duties provided by the
667	669		general law of this state, including Chapters 49 and 54, Water Code,
668	670		applicable to municipal utility districts created under Section 59,
669	671		Article XVI, Texas Constitution.
670	672		Sec. 8012.103. AUTHORITY FOR ROAD PROJECTS. Under Section
671	673		52, Article III, Texas Constitution, the district may design,
672	674		acquire, construct, finance, issue bonds for, improve, and convey
673	675		to this state, a county, or a municipality for operation and
674	676		maintenance macadamized, graveled, or paved roads or improvements,
675	677		including storm drainage, in aid of those roads.
676	678		Sec. 8012.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
677	679		road project must meet all applicable construction standards,
678	680		zoning and subdivision requirements, and regulations of each
679	681		municipality in whose corporate limits or extraterritorial
680	682		jurisdiction the road project is located.
681	683		(b) If a road project is not located in the corporate limits
682	684		or extraterritorial jurisdiction of a municipality, the road
683	685		project must meet all applicable construction standards,
684	686		subdivision requirements, and regulations of each county in which
685	687		the road project is located.
686	688		(c) If the state will maintain and operate the road, the
687	689		Texas Transportation Commission must approve the plans and
688	690		specifications of the road project.
689	691		Sec. 8012.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
690	692		OR RESOLUTION. The district shall comply with all applicable
691	693		requirements of any ordinance or resolution that is adopted under
692	694		Section 54.016 or 54.0165, Water Code, and that consents to the
693	695		creation of the district or to the inclusion of land in the
694	696		district.
695	697		Sec. 8012.106. DIVISION OF DISTRICT. (a) The district may
696	698		be divided into two or more new districts only if:
697	699		(1) the district has no outstanding bonded debt;
698	700		(2) the district is not imposing ad valorem taxes; and
699	701		(3) the requirements of Subsection (k) have been met.
700	702		(b) This chapter applies to any new district created by the
701	703		division of the district, and a new district has all the powers and
702	704		duties of the district.
703	705		(c) Any new district created by the division of the district
704	706		may not, at the time the new district is created, contain any land
705	707		outside the area described by Section 4 of the Act enacting this
706	708		chapter.
707	709		(d) The board, on its own motion or on receipt of a petition
708	710		signed by the owner or owners of a majority of the assessed value of
709	711		the real property in the district, may adopt an order dividing the
710	712		district.
711	713		(e) The board may adopt an order dividing the district
712	714		before or after the date the board holds an election under Section
713	715		8012.003 to confirm the creation of the district.
714	716		(f) An order dividing the district shall:
715	717		(1) name each new district;
716	718		(2) include the metes and bounds description of the
717	719		territory of each new district;
718	720		(3) appoint temporary directors for each new district;
719	721		and
720	722		(4) provide for the division of assets and liabilities
721	723		between or among the new districts.
722	724		(g) On or before the 30th day after the date of adoption of
723	725		an order dividing the district, the district shall file the order
724	726		with the commission and record the order in the real property
725	727		records of each county in which the district is located.
726	728		(h) Any new district created by the division of the district
727	729		shall hold a confirmation and directors' election as required by
728	730		Section 8012.003.
729	731		(i) If the creation of the new district is confirmed, the
730	732		new district shall provide the election date and results to the
731	733		commission.
732	734		(j) Any new district created by the division of the district
733	735		must hold an election as required by this chapter to obtain voter
734	736		approval before the district may impose a maintenance tax or issue
735	737		bonds payable wholly or partly from ad valorem taxes.
736	738		(k) If the district is located wholly or partly in the
737	739		corporate limits or the extraterritorial jurisdiction of a
738	740		municipality, the district may not divide under this section unless
739	741		the municipality by resolution or ordinance consents to the
740	742		division of the district. If the district is not located wholly or
741	743		partly in the corporate limits or extraterritorial jurisdiction of
742	744		a municipality, the district may not divide under this section
743	745		unless the commissioners court of each county in which the district
744	746		is wholly or partly located adopts a resolution or order consenting
745	747		to the division of the district.
746	748		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
747	749		Sec. 8012.151. ELECTIONS REGARDING TAXES OR BONDS.
748	750		(a) The district may issue, without an election, bonds and other
749	751		obligations secured by revenue other than ad valorem taxes.
750	752		(b) The district must hold an election in the manner
751	753		provided by Chapters 49 and 54, Water Code, to obtain voter approval
752	754		before the district may impose an ad valorem tax or issue bonds
753	755		payable from ad valorem taxes.
754	756		(c) The district may not issue bonds payable from ad valorem
755	757		taxes to finance a road project unless the issuance is approved by a
756	758		vote of a two-thirds majority of the district voters voting at an
757	759		election held for that purpose.
758	760		Sec. 8012.152. OPERATION AND MAINTENANCE TAX. (a) If
759	761		authorized at an election held under Section 8012.151, the district
760	762		may impose an operation and maintenance tax on taxable property in
761	763		the district in accordance with Section 49.107, Water Code.
762	764		(b) The board shall determine the tax rate. The rate may not
763	765		exceed the rate approved at the election.
764	766		Sec. 8012.153. CONTRACT TAXES. (a) In accordance with
765	767		Section 49.108, Water Code, the district may impose a tax other than
766	768		an operation and maintenance tax and use the revenue derived from
767	769		the tax to make payments under a contract after the provisions of
768	770		the contract have been approved by a majority of the district voters
769	771		voting at an election held for that purpose.
770	772		(b) A contract approved by the district voters may contain a
771	773		provision stating that the contract may be modified or amended by
772	774		the board without further voter approval.
773	775		Sec. 8012.154. WATER AND SEWER RATES. Notwithstanding any
774	776		other law, the district shall establish the same rates for
775	777		residential and commercial classes of customers for the provision
776	778		of water and sewer services. For purposes of this section, the
777	779		commercial class may not include apartment complexes or other
778	780		multifamily dwellings.
779	781		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
780	782		Sec. 8012.201. AUTHORITY TO ISSUE BONDS AND OTHER
781	783		OBLIGATIONS. The district may issue bonds or other obligations
782	784		payable wholly or partly from ad valorem taxes, impact fees,
783	785		revenue, contract payments, grants, or other district money, or any
784	786		combination of those sources, to pay for any authorized district
785	787		purpose.
786	788		Sec. 8012.202. TAXES FOR BONDS. At the time the district
787	789		issues bonds payable wholly or partly from ad valorem taxes, the
788	790		board shall provide for the annual imposition of a continuing
789	791		direct ad valorem tax, without limit as to rate or amount, while all
790	792		or part of the bonds are outstanding as required and in the manner
791	793		provided by Sections 54.601 and 54.602, Water Code.
792	794		Sec. 8012.203. BONDS FOR ROAD PROJECTS. At the time of
793	795		issuance, the total principal amount of bonds or other obligations
794	796		issued or incurred to finance road projects and payable from ad
795	797		valorem taxes may not exceed one-fourth of the assessed value of the
796	798		real property in the district.
797	799		SECTION 4. The Riverside Municipal Utility District of
798	800		Liberty County initially includes all the territory contained in
799	801		the following area:
800	802		Being 482.631 acres of land out of a called 1454.19 acres, more or
801	803		less, in and out of that certain "called" 1517 acres, in the John A.
802	804		Williams League, Abstract Number 119, Liberty County, Texas, being
803	805		more particularly, described as follows:
804	806		BEGINNING at a found one inch pinch toped pipe located in the south
805	807		line of said called 1454.19 acre tract and the north line of West
806	808		Lake Subdivision as recorded in volume 6, page 59 of Liberty County
807	809		Map Records (LCDR) also being in the easterly right of way of FM
808	810		1409 (Parcel A, volume 666. page.005 Liberty County Deed Record)
809	811		1. THENCE, North 00 degrees 14 minutes 16 seconds East a distance
810	812		of 39.39 feet along easterly right of way of FM 1409 to a set five
811	813		eights inch iron with yellow plastic cap stamped 'CCI';
812	814		2. THENCE, North 40 degrees 17 minutes 58 seconds East a distance
813	815		of 75.55 feet continuing along easterly right of way of FM 1409 to a
814	816		found three quarters inch iron rod;
815	817		3. THENCE, North 39 degrees 56 minutes 18 seconds East a distance
816	818		of 122.65 feet to a to a found five eighths inch iron rod;
817	819		4. THENCE, North 65 degrees 30 minutes 01 seconds East a distance
818	820		of 156.58 feet to a to a found five eighths inch iron rod;
819	821		5. THENCE, along a curve to the right an arc distance of 400.94
820	822		feet, said curve having a radius of 724.00 feet and a chord bearing
821	823		and distance of North 81 degrees 24 minutes 58 seconds East, 395.83
822	824		feet to a found five eighths inch iron rod for a point of reverse
823	825		curve;
824	826		6. THENCE, along a curve to the left an arc distance of 1190.99
825	827		feet said curve having a radius of 1076.00 feet and a chord bearing
826	828		and distance of North 65 degrees 34 minutes 17 seconds East, 1131.11
827	829		feet to a found five eighths inch iron rod for a point of reverse
828	830		curve;
829	831		7. THENCE, along a curve to the right an arc distance of 398.88
830	832		feet along said curve having a radius of 724.00 feet and a chord
831	833		bearing and distance of North 50 degrees 04 minutes 49 seconds East,
832	834		393.86 feet to a found five eighths inch iron rod;
833	835		8. THENCE, North 65 degrees 47 minutes 48 seconds East a distance
834	836		of 1993.97 feet to a found three quarter inch iron rod;
835	837		9. THENCE, North 65 degrees 33 minutes 44 seconds East a distance
836	838		of 3609.67 feet to a found one half inch iron rod;
837	839		10. THENCE, South 83 degrees 13 minutes 10 seconds East a distance
838	840		of 257.13 feet to a found three quarter inch iron rod;
839	841		11. THENCE, North 30 degrees 28 minutes 01 seconds East a distance
840	842		of 302.66 feet to a set five eights inch iron with yellow plastic
841	843		cap stamped 'CCI';
842	844		12. THENCE, North 65 degrees 34 minutes 06 seconds East a distance
843	845		of 1496.19 feet to a found three quarter inch iron rod with cap;
844	846		13. THENCE, North 85 degrees 54 minutes 44 seconds East passing at
845	847		1805.00 feet a set five eights inch stainless steel rod with metal
846	848		cap 'CCI', continuing a total distance of distance of 1849.45 feet
847	849		to the bank of the Trinity river (as established from FEMA LIDAR
848	850		2008);
849	851		Thence with the next 31 calls along the said bank of the Trinity
850	852		River:
851	853		1) THENCE, South 49 degrees 13 minutes 20 seconds East a
852	854		distance of 79.91 feet to an angle point;
853	855		2) THENCE, South 30 degrees 29 minutes 20 seconds East a
854	856		distance of 118.05 feet to an angle point;
855	857		3) THENCE, South 25 degrees 40 minutes 37 seconds East a
856	858		distance of 54.85 feet to an angle point;
857	859		4) THENCE, South 34 degrees 34 minutes 38 seconds East a
858	860		distance of 408.75 feet to an angle point;
859	861		5) THENCE, South 24 degrees 58 minutes 08 seconds East a
860	862		distance of 137.38 feet to an angle point;
861	863		6) THENCE, South 47 degrees 58 minutes 53 seconds East a
862	864		distance of 129.25 feet to an angle point;
863	865		7) THENCE, South 29 degrees 24 minutes 08 seconds East a
864	866		distance of 532.54 feet to an angle point;
865	867		8) THENCE, South 24 degrees 11 minutes 36 seconds East a
866	868		distance of 215.75 feet to an angle point;
867	869		9) THENCE, South 12 degrees 27 minutes 16 seconds East a
868	870		distance of 317.40 feet to an angle point;
869	871		10) THENCE, South 01 degrees 28 minutes 30 seconds East a
870	872		distance of 221.59 feet to an angle point;
871	873		11) THENCE, South 06 degrees 50 minutes 57 seconds West a
872	874		distance of 342.80 feet to an angle point;
873	875		12) THENCE, South 23 degrees 42 minutes 49 seconds West a
874	876		distance of 222.21 feet to an angle point;
875	877		13) THENCE, South 49 degrees 05 minutes 08 seconds West a
876	878		distance of 264.20 feet to an angle point;
877	879		14) THENCE, South 81 degrees 00 minutes 10 seconds West a
878	880		distance of 231.01 feet to an angle point;
879	881		15) THENCE, North 75 degrees 34 minutes 45 seconds West a
880	882		distance of 206.14 feet to an angle point;
881	883		16) THENCE, North 34 degrees 06 minutes 23 seconds West a
882	884		distance of 362.83 feet to an angle point;
883	885		17) THENCE, North 22 degrees 26 minutes 54 seconds West a
884	886		distance of 727.08 feet to an angle point;
885	887		18) THENCE, North 06 degrees 06 minutes 41 seconds West a
886	888		distance of 156.02 feet to an angle point;
887	889		19) THENCE, North 18 degrees 42 minutes 42 seconds West a
888	890		distance of 155.58 feet to an angle point;
889	891		20) THENCE, North 50 degrees 23 minutes 34 seconds West a
890	892		distance of 105.51 feet to an angle point;
891	893		21) THENCE, North 85 degrees 14 minutes 11 seconds West a
892	894		distance of 160.27 feet to an angle point;
893	895		22) THENCE, North 64 degrees 39 minutes 14 seconds West a
894	896		distance of 119.93 feet to an angle point;
895	897		23) THENCE, North 84 degrees 55 minutes 13 seconds West a
896	898		distance of 171.80 feet to an angle point;
897	899		24) THENCE, South 70 degrees 55 minutes 51 seconds West a
898	900		distance of 162.96 feet to an angle point;
899	901		25) THENCE, South 44 degrees 12 minutes 15 seconds West a
900	902		distance of 193.63 feet to an angle point;
901	903		26) THENCE, South 25 degrees 27 minutes 15 seconds West a
902	904		distance of 305.68 feet to an angle point;
903	905		27) THENCE, South 05 degrees 42 minutes 55 seconds West a
904	906		distance of 475.51 feet to a Point;
905	907		28) THENCE, South 03 degrees 15 minutes 56 seconds West a
906	908		distance of 946.21 feet to an angle point;
907	909		29) THENCE, South 10 degrees 07 minutes 19 seconds East a
908	910		distance of 214.73 feet to an angle point;
909	911		30) THENCE, South 11 degrees 01 minutes 24 seconds West a
910	912		distance of 74.58 feet to an angle point;
911	913		31) THENCE, South 05 degrees 24 minutes 53 seconds East a
912	914		distance of 189.89 feet to a point in the south line said called
913	915		1454.19 acre tract and the north line of East Spring Creek
914	916		Subdivision as recorded in volume 2, page 334 LCMR and replat volume
915	917		8, page 86 LCMR;
916	918		14. THENCE, South 85 degrees 26 minutes 56 seconds West along the
917	919		said south line said called 1454.19 acre tract and the north line of
918	920		said East Spring Creek Subdivision as recorded in volume 2, page 334
919	921		LCMR, said re-plat East Spring Creek Subdivision volume 8, page 86
920	922		LCMR and West Lake Subdivision, passing at 221.82 feet a set five
921	923		eights inch stainless steel rod with metal cap 'CCI', continuing a
922	924		total distance of distance of 9391.82 feet to the POINT OF
923	925		BEGINNING;
924	926		Bearings shown hereon are based on the Texas State Plane Coordinate
925	927		System, South Central Zone 4204, NAD 83.
926	928		SECTION 5. (a) The legal notice of the intention to
927	929		introduce this Act, setting forth the general substance of this
928	930		Act, has been published as provided by law, and the notice and a
929	931		copy of this Act have been furnished to all persons, agencies,
930	932		officials, or entities to which they are required to be furnished
931	933		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
932	934		Government Code.
933	935		(b) The governor, one of the required recipients, has
934	936		submitted the notice and Act to the Texas Commission on
935	937		Environmental Quality.
936	938		(c) The Texas Commission on Environmental Quality has filed
937	939		its recommendations relating to this Act with the governor, the
938	940		lieutenant governor, and the speaker of the house of
939	941		representatives within the required time.
940	942		(d) All requirements of the constitution and laws of this
941	943		state and the rules and procedures of the legislature with respect
942	944		to the notice, introduction, and passage of this Act are fulfilled
943	945		and accomplished.
944	946		SECTION 6. (a) If this Act does not receive a two-thirds
945	947		vote of all the members elected to each house, Subchapter C, Chapter
946	948		7991, Special District Local Laws Code, as added by Section 1 of
947	949		this Act, is amended by adding Section 7991.107 to read as follows:
948	950		Sec. 7991.107. NO EMINENT DOMAIN POWER. The district may
949	951		not exercise the power of eminent domain.
950	952		(b) If this Act does not receive a two-thirds vote of all the
951	953		members elected to each house, Subchapter C, Chapter 8012, Special
952	954		District Local Laws Code, as added by Section 3 of this Act, is
953	955		amended by adding Section 8012.107 to read as follows:
954	956		Sec. 8012.107. NO EMINENT DOMAIN POWER. The district may
955	957		not exercise the power of eminent domain.
956	958		(c) This section is not intended to be an expression of a
957	959		legislative interpretation of the requirements of Section 17(c),
958	960		Article I, Texas Constitution.
959	961		SECTION 7. This Act takes effect June 1, 2017, if it
960	962		receives a vote of two-thirds of all the members elected to each
961	963		house, as provided by Section 39, Article III, Texas Constitution.
962	964		If this Act does not receive the vote necessary for effect on that
963	965		date, this Act takes effect September 1, 2017.
964		-	______________________________ ______________________________
965		-	President of the Senate Speaker of the House
966		-	I hereby certify that S.B. No. 321 passed the Senate on
967		-	May 11, 2017, by the following vote: Yeas 31, Nays 0.
968		-	______________________________
969		-	Secretary of the Senate
970		-	I hereby certify that S.B. No. 321 passed the House on
971		-	May 19, 2017, by the following vote: Yeas 137, Nays 7, two
972		-	present not voting.
973		-	______________________________
974		-	Chief Clerk of the House
975		-	Approved:
976		-	______________________________
977		-	Date
978		-	______________________________
979		-	Governor