Texas 2019 - 86th Regular

Texas House Bill HB3047 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3047
	1	+	By: Bell of Montgomery (Senate Sponsor - Nichols) H.B. No. 3047
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 8, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 17, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Montgomery County Municipal Utility
6	12		District No. 167; granting a limited power of eminent domain;
7	13		providing authority to issue bonds; providing authority to impose
8	14		assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 8065 to read as follows:
12	18		CHAPTER 8065. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 167
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8065.0101. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(3) "Director" means a board member.
19	25		(4) "District" means the Montgomery County Municipal
20	26		Utility District No. 167.
21	27		Sec. 8065.0102. NATURE OF DISTRICT. The district is a
22	28		municipal utility district created under Section 59, Article XVI,
23	29		Texas Constitution.
24	30		Sec. 8065.0103. CONFIRMATION AND DIRECTOR ELECTION
25	31		REQUIRED. The temporary directors shall hold an election to
26	32		confirm the creation of the district and to elect five permanent
27	33		directors as provided by Section 49.102, Water Code.
28	34		Sec. 8065.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8065.0103 until each municipality in whose corporate limits or
31	37		extraterritorial jurisdiction the district is located has
32	38		consented by ordinance or resolution to the creation of the
33	39		district and to the inclusion of land in the district.
34	40		Sec. 8065.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	41		(a) The district is created to serve a public purpose and benefit.
36	42		(b) The district is created to accomplish the purposes of:
37	43		(1) a municipal utility district as provided by
38	44		general law and Section 59, Article XVI, Texas Constitution; and
39	45		(2) Section 52, Article III, Texas Constitution, that
40	46		relate to the construction, acquisition, improvement, operation,
41	47		or maintenance of macadamized, graveled, or paved roads, or
42	48		improvements, including storm drainage, in aid of those roads.
43	49		Sec. 8065.0106. INITIAL DISTRICT TERRITORY. (a) The
44	50		district is initially composed of the territory described by
45	51		Section 2 of the Act enacting this chapter.
46	52		(b) The boundaries and field notes contained in Section 2 of
47	53		the Act enacting this chapter form a closure. A mistake made in the
48	54		field notes or in copying the field notes in the legislative process
49	55		does not affect the district's:
50	56		(1) organization, existence, or validity;
51	57		(2) right to issue any type of bond for the purposes
52	58		for which the district is created or to pay the principal of and
53	59		interest on a bond;
54	60		(3) right to impose a tax; or
55	61		(4) legality or operation.
56	62		SUBCHAPTER B. BOARD OF DIRECTORS
57	63		Sec. 8065.0201. GOVERNING BODY; TERMS. (a) The district is
58	64		governed by a board of five elected directors.
59	65		(b) Except as provided by Section 8065.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8065.0202. TEMPORARY DIRECTORS. (a) The temporary
62	68		board consists of:
63	69		(1) Jesus Espinoza;
64	70		(2) Norman E. Gutierrez;
65	71		(3) John D. Eckstrum;
66	72		(4) Tommy Nichol; and
67	73		(5) Blake Cogdell.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8065.0103; or
71	77		(2) the fourth anniversary of the effective date of
72	78		the Act enacting this chapter.
73	79		(c) If permanent directors have not been elected under
74	80		Section 8065.0103 and the terms of the temporary directors have
75	81		expired, successor temporary directors shall be appointed or
76	82		reappointed as provided by Subsection (d) to serve terms that
77	83		expire on the earlier of:
78	84		(1) the date permanent directors are elected under
79	85		Section 8065.0103; or
80	86		(2) the fourth anniversary of the date of the
81	87		appointment or reappointment.
82	88		(d) If Subsection (c) applies, the owner or owners of a
83	89		majority of the assessed value of the real property in the district
84	90		may submit a petition to the commission requesting that the
85	91		commission appoint as successor temporary directors the five
86	92		persons named in the petition. The commission shall appoint as
87	93		successor temporary directors the five persons named in the
88	94		petition.
89	95		SUBCHAPTER C. POWERS AND DUTIES
90	96		Sec. 8065.0301. GENERAL POWERS AND DUTIES. The district
91	97		has the powers and duties necessary to accomplish the purposes for
92	98		which the district is created.
93	99		Sec. 8065.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	100		DUTIES. The district has the powers and duties provided by the
95	101		general law of this state, including Chapters 49 and 54, Water Code,
96	102		applicable to municipal utility districts created under Section 59,
97	103		Article XVI, Texas Constitution.
98	104		Sec. 8065.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	105		52, Article III, Texas Constitution, the district may design,
100	106		acquire, construct, finance, issue bonds for, improve, operate,
101	107		maintain, and convey to this state, a county, or a municipality for
102	108		operation and maintenance macadamized, graveled, or paved roads, or
103	109		improvements, including storm drainage, in aid of those roads.
104	110		Sec. 8065.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	111		road project must meet all applicable construction standards,
106	112		zoning and subdivision requirements, and regulations of each
107	113		municipality in whose corporate limits or extraterritorial
108	114		jurisdiction the road project is located.
109	115		(b) If a road project is not located in the corporate limits
110	116		or extraterritorial jurisdiction of a municipality, the road
111	117		project must meet all applicable construction standards,
112	118		subdivision requirements, and regulations of each county in which
113	119		the road project is located.
114	120		(c) If the state will maintain and operate the road, the
115	121		Texas Transportation Commission must approve the plans and
116	122		specifications of the road project.
117	123		Sec. 8065.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	124		ORDINANCE OR RESOLUTION. The district shall comply with all
119	125		applicable requirements of any ordinance or resolution that is
120	126		adopted under Section 54.016 or 54.0165, Water Code, and that
121	127		consents to the creation of the district or to the inclusion of land
122	128		in the district.
123	129		Sec. 8065.0306. DIVISION OF DISTRICT. (a) The district may
124	130		be divided into two or more new districts only if the district:
125	131		(1) has no outstanding bonded debt; and
126	132		(2) is not imposing ad valorem taxes.
127	133		(b) This chapter applies to any new district created by the
128	134		division of the district, and a new district has all the powers and
129	135		duties of the district.
130	136		(c) Any new district created by the division of the district
131	137		may not, at the time the new district is created, contain any land
132	138		outside the area described by Section 2 of the Act enacting this
133	139		chapter.
134	140		(d) The board, on its own motion or on receipt of a petition
135	141		signed by the owner or owners of a majority of the assessed value of
136	142		the real property in the district, may adopt an order dividing the
137	143		district.
138	144		(e) The board may adopt an order dividing the district
139	145		before or after the date the board holds an election under Section
140	146		8065.0103 to confirm the creation of the district.
141	147		(f) An order dividing the district shall:
142	148		(1) name each new district;
143	149		(2) include the metes and bounds description of the
144	150		territory of each new district;
145	151		(3) appoint temporary directors for each new district;
146	152		and
147	153		(4) provide for the division of assets and liabilities
148	154		between or among the new districts.
149	155		(g) On or before the 30th day after the date of adoption of
150	156		an order dividing the district, the district shall file the order
151	157		with the commission and record the order in the real property
152	158		records of each county in which the district is located.
153	159		(h) Any new district created by the division of the district
154	160		shall hold a confirmation and directors' election as required by
155	161		Section 8065.0103.
156	162		(i) If the creation of the new district is confirmed, the
157	163		new district shall provide the election date and results to the
158	164		commission.
159	165		(j) Any new district created by the division of the district
160	166		must hold an election as required by this chapter to obtain voter
161	167		approval before the district may impose a maintenance tax or issue
162	168		bonds payable wholly or partly from ad valorem taxes.
163	169		(k) If the voters of a new district do not confirm the
164	170		creation of the new district, the assets, obligations, territory,
165	171		and governance of the new district revert to that of the original
166	172		district.
167	173		Sec. 8065.0307. LIMITATION ON USE OF EMINENT DOMAIN. The
168	174		district may not exercise the power of eminent domain outside the
169	175		district to acquire a site or easement for:
170	176		(1) a road project authorized by Section 8065.0303; or
171	177		(2) a recreational facility as defined by Section
172	178		49.462, Water Code.
173	179		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
174	180		Sec. 8065.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
175	181		The district may issue, without an election, bonds and other
176	182		obligations secured by:
177	183		(1) revenue other than ad valorem taxes; or
178	184		(2) contract payments described by Section 8065.0403.
179	185		(b) The district must hold an election in the manner
180	186		provided by Chapters 49 and 54, Water Code, to obtain voter approval
181	187		before the district may impose an ad valorem tax or issue bonds
182	188		payable from ad valorem taxes.
183	189		(c) The district may not issue bonds payable from ad valorem
184	190		taxes to finance a road project unless the issuance is approved by a
185	191		vote of a two-thirds majority of the district voters voting at an
186	192		election held for that purpose.
187	193		Sec. 8065.0402. OPERATION AND MAINTENANCE TAX. (a) If
188	194		authorized at an election held under Section 8065.0401, the
189	195		district may impose an operation and maintenance tax on taxable
190	196		property in the district in accordance with Section 49.107, Water
191	197		Code.
192	198		(b) The board shall determine the tax rate. The rate may not
193	199		exceed the rate approved at the election.
194	200		Sec. 8065.0403. CONTRACT TAXES. (a) In accordance with
195	201		Section 49.108, Water Code, the district may impose a tax other than
196	202		an operation and maintenance tax and use the revenue derived from
197	203		the tax to make payments under a contract after the provisions of
198	204		the contract have been approved by a majority of the district voters
199	205		voting at an election held for that purpose.
200	206		(b) A contract approved by the district voters may contain a
201	207		provision stating that the contract may be modified or amended by
202	208		the board without further voter approval.
203	209		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
204	210		Sec. 8065.0501. AUTHORITY TO ISSUE BONDS AND OTHER
205	211		OBLIGATIONS. The district may issue bonds or other obligations
206	212		payable wholly or partly from ad valorem taxes, impact fees,
207	213		revenue, contract payments, grants, or other district money, or any
208	214		combination of those sources, to pay for any authorized district
209	215		purpose.
210	216		Sec. 8065.0502. TAXES FOR BONDS. At the time the district
211	217		issues bonds payable wholly or partly from ad valorem taxes, the
212	218		board shall provide for the annual imposition of a continuing
213	219		direct ad valorem tax, without limit as to rate or amount, while all
214	220		or part of the bonds are outstanding as required and in the manner
215	221		provided by Sections 54.601 and 54.602, Water Code.
216	222		Sec. 8065.0503. BONDS FOR ROAD PROJECTS. At the time of
217	223		issuance, the total principal amount of bonds or other obligations
218	224		issued or incurred to finance road projects and payable from ad
219	225		valorem taxes may not exceed one-fourth of the assessed value of the
220	226		real property in the district.
221	227		SECTION 2. The Montgomery County Municipal Utility District
222	228		No. 167 initially includes all the territory contained in the
223	229		following area:
224	230		BEING 242.128 ACRES OF LAND, MORE OR LESS, WITH 74.18 ACRES SITUATED
225	231		IN THE THOMAS DOUGLAS SURVEY, ABSTRACT NUMBER 187 AND 167.88 ACRES
226	232		SITUATED IN THE MATTHEW CARTWRIGHT SURVEY, ABSTRACT NUMBER 126, ALL
227	233		IN MONTGOMERY COUNTY, TEXAS AND BEING OUT OF THAT CERTAIN CALLED
228	234		249.943 ACRE TRACT CONVEYED IN SPECIAL WARRANTY DEED TO AVANTI
229	235		2854, LLC, RECORDED UNDER CLERK'S FILE NUMBER 2017006860 OFFICIAL
230	236		PUBLIC RECORDS OF MONTGOMERY COUNTY, TEXAS, TOGETHER WITH THAT
231	237		CERTAIN CALLED 0.4658 ACRE TRACT CONVEYED TO AVANTI 2854, LLC,
232	238		RECORDED UNDER CLERK'S FILE NUMBER 2018092894 OFFICIAL PUBLIC
233	239		RECORDS OF MONTGOMERY COUNTY, TEXAS, SAVE AND EXCEPT THAT CERTAIN
234	240		CALLED 8.341 ACRE TRACT AS CONVEYED BY AVANTI 2854, LLC TO
235	241		MONTGOMERY COUNTY, TEXAS, A POLITICAL SUBDIVISION OF THE STATE OF
236	242		TEXAS, RECORDED IN EXCHANGE DEED UNDER CLERK'S FILE NUMBER
237	243		2018092878 OFFICIAL PUBLIC RECORDS OF MONTGOMERY COUNTY, TEXAS;
238	244		SAID 242.128 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
239	245		WITH ALL BEARINGS AND COORDINATES REFERENCED TO THE TEXAS
240	246		COORDINATE SYSTEM, CENTRAL ZONE 4203 NAD-83, ALL COORDINATES SHOWN
241	247		ARE GRID AND MAY BE CONVERTED TO SURFACE BY MULTIPLYING BY THE
242	248		COMBINED ADJUSTMENT FACTOR OF 1.00061987:
243	249		BEGINNING at the lower Northwest corner of the called 249.943 acre
244	250		tract located at the intersection of the South right-of-way of
245	251		Katie Road, a variable width right-of-way designated as a "County
246	252		Road" (no deed found), with the East right-of-way of F. M. Highway
247	253		2854, a variable width right-of-way as referenced in Deed from J. H.
248	254		Talley to the County of Montgomery, State of Texas and recorded in
249	255		Volume 716, Page 132 Montgomery County Deed Records; said point
250	256		having a coordinate value of North 10,114,844.41 and East
251	257		3,774,584.72;
252	258		THENCE North 87° 21' 23" East for a distance of 1209.36 feet along
253	259		the lower North line of the called 249.943 acre tract and South line
254	260		of Katie Road to an interior Northwest corner of the herein
255	261		described tract and further located at the East line of the Thomas
256	262		Douglas Survey and the West line of the Matthew Cartwright Survey;
257	263		THENCE North 03° 25' 54" West along the upper West line of the called
258	264		249.943 acre tract, continuing along the East line of the Thomas
259	265		Douglas Survey and the West line of the Matthew Cartwright Survey
260	266		passing the North line of Katie Road and the Southeast corner of
261	267		that certain called 13.38 acre tract conveyed to Ronald G.
262	268		McCracken and spouse, Laura J. McCracken recorded under Clerk's
263	269		File Number 2006-077430 Montgomery County Real Property Records,
264	270		continuing a deed call distance of 1334.52 feet to the 13.38 acre
265	271		tract Northeast corner and being an angle point of the herein
266	272		described tract at an upper Southeast corner of that certain called
267	273		16.027 acre tract conveyed to Ronald G. McCracken, et ux, recorded
268	274		under Clerk's File Number 2007-0573 Montgomery County Real Property
269	275		Records;
270	276		THENCE North 02° 04' 38" West for a distance of 260.11 feet
271	277		continuing along the East line of the Thomas Douglas Survey and the
272	278		West line of the Matthew Cartwright Survey, common to the upper East
273	279		line of the called 16.027 acre tract, to the upper Northwest corner
274	280		of the herein described tract and the upper Northwest corner of the
275	281		called 249.943 acre tract, and located at the Southwest corner of
276	282		that certain called 85.194 acre tract conveyed to the Estate of Carl
277	283		A. Sudbury, et al to Martha D. Mayer, Trustee, recorded under
278	284		Clerk's File Number 2000-003039 Montgomery County Real Property
279	285		Records
280	286		THENCE North 86° 44' 51" East along the South line of the called
281	287		85.194 acre tract for a distance of 1570.87 feet to a point for
282	288		angle at the called 85.194 acre tract Southeast corner and a
283	289		Southwest corner of a called 207 acre tract conveyed to Jasper
284	290		Duncan Cartwright and recorded in Volume 626, Page 86 Montgomery
285	291		County Deed Records;
286	292		THENCE North 73° 43' 03" East along the South line of the called 207
287	293		acre tract for a distance of 673.34 feet to a point for the
288	294		Northeast corner of the herein described tract located in the
289	295		Westerly high-bank of Mound Creek;
290	296		THENCE with the following courses and distances along the Westerly
291	297		high-bank of Mound Creek:
292	298		1) South 34° 16' 12" East for a distance of 44.50 feet to a point
293	299		for corner;
294	300		2) South 67° 14' 09" East for a distance of 51.81 feet to a point
295	301		for corner;
296	302		3) South 54° 16' 20" East for a distance of 22.71 feet to a point
297	303		for corner;
298	304		4) South 14° 59' 12" West for a distance of 33.77 feet to a point
299	305		for corner/;
300	306		5) South 49° 10' 18" East for a distance of 21.62 feet to a point
301	307		for corner;
302	308		6) South 08° 50' 45" East for a distance of 32.07 feet to a point
303	309		for corner;
304	310		7) South 14° 29' 14" West for a distance of 59.23 feet to a point
305	311		for corner;
306	312		8) South 19° 56' 34" East for a distance of 59.05 feet to a point
307	313		for corner;
308	314		9) South 06° 16' 39" East for a distance of 90.94 feet to a point
309	315		for corner;
310	316		10) South 11° 21' 07" East for a distance of 38.72 feet to a point
311	317		for corner;
312	318		11) South 32° 51' 33" East for a distance of 103.15 feet to a point
313	319		for corner;
314	320		12) South 31° 08' 48" East for a distance of 111.54 feet to a point
315	321		for corner;
316	322		13) South 67° 19' 47" East for a distance of 37.51 feet to a point
317	323		for corner;
318	324		14) South 39° 35' 32" East for a distance of 31.28 feet to a point
319	325		for corner;
320	326		15) South 27° 22' 39" East for a distance of 173.85 feet to a point
321	327		for corner;
322	328		16) South 00° 37' 47" East for a distance of 35.63 feet to a point
323	329		for corner;
324	330		17) South 26° 43' 57" East for a distance of 34.32 feet to a point
325	331		for corner;
326	332		18) South 49° 57' 22" East for a distance of 106.17 feet to a point
327	333		for corner;
328	334		19) South 43° 57' 10" East for a distance of 174.91 feet to a point
329	335		for corner;
330	336		20) South 00° 25' 37" East for a distance of 255.88 feet to a point
331	337		for corner;
332	338		21) South 23° 28' 27" E for a distance of 14.24 feet to a point
333	339		THENCE South 86° 19' 53" West for a distance of 82.61 feet along the
334	340		West line of the aforesaid called 207 acre tract to an interior
335	341		corner of the herein described tract;
336	342		THENCE South 03° 16' 56" East for a distance of 1398.16 feet
337	343		continuing along the West line of the called 207 acre tract to a
338	344		point for the upper Southeast corner of the herein described tract
339	345		and Southeast corner of the called 249.943 acre tract and being in
340	346		the North line of that certain called 75 acre tract conveyed to
341	347		Jasper Duncan Cartwright in Deed recorded in Volume 626, Page 509
342	348		Montgomery County Deed Records;
343	349		THENCE South 86° 41' 48" West for a distance of 1041.81 feet along
344	350		the Cartwright North line to an interior corner of the herein
345	351		described tract
346	352		THENCE South 12° 01' 56" East for a distance of 329.46 feet to a
347	353		Southeast corner of the herein described tract at an interior
348	354		corner of the called 75 acre tract;
349	355		THENCE South 87° 26' 11" West for a distance of 1692.85 feet along
350	356		the Westerly North line of the called 75 acre tract to a Northwest
351	357		corner of the called 75 acre tract at an interior corner of the
352	358		herein described tract;
353	359		THENCE South 06° 29' 00" E for a distance of 354.36 feet along the
354	360		West line of the called 75 acre tract to the Southwest corner of the
355	361		called 74 acre tract and being an interior corner of the herein
356	362		described tract;
357	363		THENCE North 87° 41' 38" East for a distance of 144.44 feet to a
358	364		lower Northeast corner of the herein described tract and being a
359	365		Northwest corner of that certain called 98.2 acre tract conveyed to
360	366		Patricia Joe Schuller in Deed recorded in Volume 626, Page 78
361	367		Montgomery County Deed Records;
362	368		THENCE South 03° 16' 52" East along the West line of the called 98.2
363	369		acre tract and the West line of a called 9.0054 acre tract conveyed
364	370		to James Michael Brown recorded under Clerk's File Number 9703943
365	371		Montgomery County Real Property Records; in all, a distance of
366	372		1900.40 feet to the Southeast corner of the herein described tract;
367	373		THENCE South 87° 11' 56" West along the North line of that certain
368	374		called 5.435 acre tract conveyed to Patricia S. Smith recorded
369	375		under Clerk's File Number 9346082 Montgomery County Real Property
370	376		Records, and along the North line of that certain called 1.000 acre
371	377		tract conveyed to Barnie E. Edwards recorded under Clerk's File
372	378		Number 8213103 Montgomery County Real Property Records for a
373	379		distance of 559.03 feet to the Southwest corner of the herein
374	380		described tract, located in the East line of F. M. 2854;
375	381		THENCE with the following courses and distances along the East line
376	382		of F. M. 2854 and the West line of the called 249.943 acre tract as
377	383		follows:
378	384		1) North 36° 18' 16" West for a distance of 246.29 feet to a point
379	385		for corner;
380	386		2) North 28° 02' 36" West for a distance of 577.02 feet to the
381	387		beginning of a non-tangential curve to the right;
382	388		3) Along said curve turning to the right through an angle of 13° 16'
383	389		17", having a radius of 2804.83 feet, an arc length of 649.68 feet
384	390		and whose long chord bears North 21° 15' 04" West for a distance of
385	391		648.23 feet to a point of intersection with a non-tangential line;
386	392		4) North 08° 21' 11" West for a distance of 286.54 feet to a point
387	393		for corner at the Southwest corner of the aforementioned called
388	394		8.341 acre tract;
389	395		THENCE with the following courses and distances along the called
390	396		8.341 acre tract:
391	397		1) North 38° 33' 59" East for a distance of 79.38 feet to a point
392	398		for corner;
393	399		2) North 85° 41' 19" East for a distance of 431.79 feet to the
394	400		beginning of a curve to the left;
395	401		3) With said curve turning to the left through an angle of 90° 00'
396	402		00", having a radius of 201.00 feet, an arc length of 315.73 feet
397	403		and whose long chord bears North 40° 41' 19" East for a distance of
398	404		284.26 feet to a point for corner;
399	405		4) North 04° 18' 41" West for a distance of 148.00 feet to the
400	406		beginning of a curve to the left;
401	407		5) Along said curve turning to the left through an angle of 90° 00'
402	408		00", having a radius of 201.00 feet, an arc length of 315.73 feet
403	409		and whose long chord bears North 49° 18' 41" West for a distance of
404	410		284.26 feet;
405	411		6) South 85° 41' 19" West for a distance of 433.95 feet to a point
406	412		for corner;
407	413		7) North 50° 06' 44" West for a distance of 71.76 feet to a point
408	414		for corner in the East line of F. M. 2854;
409	415		THENCE with the following courses and distances along the East line
410	416		of F. M. 2854 and the West line of the called 249.943 acre tract as
411	417		follows:
412	418		1) North 05° 14' 58" West for a distance of 129.46 feet to a point
413	419		for corner;
414	420		2) North 07° 34' 43" West for a distance of 190.26 feet to a point
415	421		for corner;
416	422		3) North 11° 52' 28" West for a distance of 584.29 feet to the
417	423		beginning of a non-tangential curve to the left;
418	424		4) Along said curve turning to the left through 03° 40' 20", having
419	425		a radius of 5809.65 feet, an arc length of 372.36 feet and whose
420	426		long chord bears North 16° 15' 44" West for a distance of 372.30 feet
421	427		to the Point of Beginning and containing a calculated area of
422	428		242.128 acres.
423	429		SECTION 3. (a) The legal notice of the intention to
424	430		introduce this Act, setting forth the general substance of this
425	431		Act, has been published as provided by law, and the notice and a
426	432		copy of this Act have been furnished to all persons, agencies,
427	433		officials, or entities to which they are required to be furnished
428	434		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
429	435		Government Code.
430	436		(b) The governor, one of the required recipients, has
431	437		submitted the notice and Act to the Texas Commission on
432	438		Environmental Quality.
433	439		(c) The Texas Commission on Environmental Quality has filed
434	440		its recommendations relating to this Act with the governor, the
435	441		lieutenant governor, and the speaker of the house of
436	442		representatives within the required time.
437	443		(d) All requirements of the constitution and laws of this
438	444		state and the rules and procedures of the legislature with respect
439	445		to the notice, introduction, and passage of this Act are fulfilled
440	446		and accomplished.
441	447		SECTION 4. (a) Section 8065.0307, Special District Local
442	448		Laws Code, as added by Section 1 of this Act, takes effect only if
443	449		this Act receives a two-thirds vote of all the members elected to
444	450		each house.
445	451		(b) If this Act does not receive a two-thirds vote of all the
446	452		members elected to each house, Subchapter C, Chapter 8065, Special
447	453		District Local Laws Code, as added by Section 1 of this Act, is
448	454		amended by adding Section 8065.0307 to read as follows:
449	455		Sec. 8065.0307. NO EMINENT DOMAIN POWER. The district may
450	456		not exercise the power of eminent domain.
451	457		(c) This section is not intended to be an expression of a
452	458		legislative interpretation of the requirements of Section 17(c),
453	459		Article I, Texas Constitution.
454	460		SECTION 5. This Act takes effect immediately if it receives
455	461		a vote of two-thirds of all the members elected to each house, as
456	462		provided by Section 39, Article III, Texas Constitution. If this
457	463		Act does not receive the vote necessary for immediate effect, this
458	464		Act takes effect September 1, 2019.
459		-	______________________________ ______________________________
460		-	President of the Senate Speaker of the House
461		-	I certify that H.B. No. 3047 was passed by the House on May 3,
462		-	2019, by the following vote: Yeas 123, Nays 17, 2 present, not
463		-	voting.
464		-	______________________________
465		-	Chief Clerk of the House
466		-	I certify that H.B. No. 3047 was passed by the Senate on May
467		-	22, 2019, by the following vote: Yeas 30, Nays 1.
468		-	______________________________
469		-	Secretary of the Senate
470		-	APPROVED: _____________________
471		-	Date
472		-	_____________________
473		-	Governor
	465	+	* * * * *