Texas 2019 - 86th Regular

Texas House Bill HB3122 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3122
	1	+	By: Zerwas (Senate Sponsor - Kolkhorst) H.B. No. 3122
	2	+	(In the Senate - Received from the House April 15, 2019;
	3	+	April 16, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 6, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 6, 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 Fort Bend County Municipal Utility
6	12		District No. 235; 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 8040 to read as follows:
12	18		CHAPTER 8040. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 235
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8040.0101. 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 Fort Bend County Municipal
20	26		Utility District No. 235.
21	27		Sec. 8040.0102. 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. 8040.0103. 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. 8040.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8040.0103 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. 8040.0105. 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. 8040.0106. 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. 8040.0201. 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 8040.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8040.0202. TEMPORARY DIRECTORS. (a) The temporary
62	68		board consists of:
63	69		(1) Ali McDonald;
64	70		(2) Tyler Werlein;
65	71		(3) Rachel Maybray;
66	72		(4) Steven Hallmark; and
67	73		(5) Timothy Hart.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8040.0103; 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 8040.0103 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 8040.0103; 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. 8040.0301. 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. 8040.0302. 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. 8040.0303. 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. 8040.0304. 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. 8040.0305. 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		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	130		Sec. 8040.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
125	131		The district may issue, without an election, bonds and other
126	132		obligations secured by:
127	133		(1) revenue other than ad valorem taxes; or
128	134		(2) contract payments described by Section 8040.0403.
129	135		(b) The district must hold an election in the manner
130	136		provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	137		before the district may impose an ad valorem tax or issue bonds
132	138		payable from ad valorem taxes.
133	139		(c) The district may not issue bonds payable from ad valorem
134	140		taxes to finance a road project unless the issuance is approved by a
135	141		vote of a two-thirds majority of the district voters voting at an
136	142		election held for that purpose.
137	143		Sec. 8040.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	144		authorized at an election held under Section 8040.0401, the
139	145		district may impose an operation and maintenance tax on taxable
140	146		property in the district in accordance with Section 49.107, Water
141	147		Code.
142	148		(b) The board shall determine the tax rate. The rate may not
143	149		exceed the rate approved at the election.
144	150		Sec. 8040.0403. CONTRACT TAXES. (a) In accordance with
145	151		Section 49.108, Water Code, the district may impose a tax other than
146	152		an operation and maintenance tax and use the revenue derived from
147	153		the tax to make payments under a contract after the provisions of
148	154		the contract have been approved by a majority of the district voters
149	155		voting at an election held for that purpose.
150	156		(b) A contract approved by the district voters may contain a
151	157		provision stating that the contract may be modified or amended by
152	158		the board without further voter approval.
153	159		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	160		Sec. 8040.0501. AUTHORITY TO ISSUE BONDS AND OTHER
155	161		OBLIGATIONS. The district may issue bonds or other obligations
156	162		payable wholly or partly from ad valorem taxes, impact fees,
157	163		revenue, contract payments, grants, or other district money, or any
158	164		combination of those sources, to pay for any authorized district
159	165		purpose.
160	166		Sec. 8040.0502. TAXES FOR BONDS. At the time the district
161	167		issues bonds payable wholly or partly from ad valorem taxes, the
162	168		board shall provide for the annual imposition of a continuing
163	169		direct ad valorem tax, without limit as to rate or amount, while all
164	170		or part of the bonds are outstanding as required and in the manner
165	171		provided by Sections 54.601 and 54.602, Water Code.
166	172		Sec. 8040.0503. BONDS FOR ROAD PROJECTS. At the time of
167	173		issuance, the total principal amount of bonds or other obligations
168	174		issued or incurred to finance road projects and payable from ad
169	175		valorem taxes may not exceed one-fourth of the assessed value of the
170	176		real property in the district.
171	177		SECTION 2. The Fort Bend County Municipal Utility District
172	178		No. 235 initially includes all the territory contained in the
173	179		following area:
174	180		TRACT 1 - 163.9340 ACRES
175	181		Fieldnotes for 163.9340 acres of land out of the L. E. Cross
176	182		Survey, Abstract No. 408, and the Fred G. Schmidt Survey, Abstract
177	183		No. 461, in Fort Bend County, Texas, consisting of the residue of
178	184		that certain (called) 100 acre tract of land and the residue of that
179	185		certain (called) 74.25 acre tract of land conveyed to the Melvin
180	186		Miller Family Partnership, Ltd., as described in deeds recorded
181	187		under County Clerk's File No(s). 9819938 and 2000039359,
182	188		respectively, of the Real Property Records of Fort Bend County,
183	189		said 100 acre tract being out of and a part of Lot 79 and said 74.25
184	190		acre tract being out of and a part of Lot 17 of the Slavin & George
185	191		Subdivision, the map or plat thereof recorded in Volume 64, Page 253
186	192		of the Deed Records of Fort Bend County, and being that same
187	193		163.9340 acre tract of land conveyed to Tala Properties, Inc., as
188	194		described in deed recorded under County Clerk's File No. 2006122716
189	195		of the said Real Property Records, said 163.9340 acres of land being
190	196		more particularly described by metes and bounds, with all bearings
191	197		based on and oriented to the Southeast line of Lots 72, 76, 78, and
192	198		80 of said Slavin & George subdivision (South 45° West), as follows:
193	199		BEGINNING at a 1 inch galvanized steel pipe set in the North
194	200		line of Randon School Road, based on a 60 foot right-of-way (as
195	201		occupied on the ground), at its intersection with the West line of
196	202		Muegge Road, based on a 60 foot right-of-way (as occupied on the
197	203		ground), said point being the Southeast corner of the residue of the
198	204		said 100 acre tract and said Lot 79, and the Southeast corner of the
199	205		said 163.9340 acre tract and the herein described tract;
200	206		Thence, South 83°46'38" West, 2290.54 feet with the North line
201	207		of said Randon School Road to a 5/8 inch steel rod set in the West
202	208		line of the said L.E. Cross Survey and said Lot 17, and the common
203	209		East line of the said Fred G. Schmidt Survey and said Lot 79 for an
204	210		exterior ell corner of the herein described tract, said point also
205	211		being the Southeast corner of that certain 5.0 acre tract of land
206	212		conveyed to Brett Miller, as described in deed recorded under
207	213		County Clerk's File No. 2017106888 of the said Real Property
208	214		Records;
209	215		Thence, North 06°13'22" West, 589.30 feet with the East line
210	216		of the said 5.0 acre tract, the said Schmidt Survey and said Lot 17,
211	217		and with the common West line of the said Cross Survey and said Lot
212	218		79 to a 5/8 inch steel rod set for the Northeast corner of the said
213	219		5.0 acre tract and an interior ell corner of the herein described
214	220		tract;
215	221		Thence, South 83°46'38" West, 369.59 feet with the North line
216	222		of the said 5.0 acre tract to a 5/8 inch steel rod set for the
217	223		Northwest corner of the said 5.0 acre tract and an interior ell
218	224		corner of the herein described tract;
219	225		Thence, South 06°13'22" East, 589.30 feet with the West line
220	226		of the said 5.0 acre tract to a 5/8 inch steel rod set in the North
221	227		line of said Randon School Road for the Southwest corner of the said
222	228		5.0 acre tract and an exterior ell corner for the herein described
223	229		tract;
224	230		Thence, South 83°46'38" West, 953.44 feet with the North line
225	231		of said Randon School Road to a 5/8 inch steel rod set in the West
226	232		line of the said 74.25 acre tract and said Lot 17 for the Southwest
227	233		corner of the herein described tract, said point being in the East
228	234		line of adjacent Lot 18 of the said Slavin & George Subdivision and
229	235		that certain 40.5148 acre tract of land conveyed to Guadalupe A.
230	236		Cortez, as evidenced by instrument recorded under County Clerk's
231	237		File No. 2011122445 of the said Real Property Records;
232	238		Thence, North 06°09'30" West, 2609.04 feet with the East line
233	239		of the said 138.6472 acre tract and said Lot 18, and with the common
234	240		West line of the said 74.25 acre tract and said Lot 17 to a 1/2 inch
235	241		steel rod found marking the Northwest corner of the said 74.25 acre
236	242		tract, said Lot 17 and the herein described tract, said point being
237	243		the Northeast corner of the said 138.6472 acre tract and said Lot
238	244		18, said point being the Southeast corner of adjacent Lot 15 and the
239	245		Southwest corner of adjacent Lot 16 of the said Slavin & George
240	246		Subdivision, said point also being in the South line of that certain
241	247		191.02 acre tract of land conveyed to 230 Limited, as described in
242	248		deed recorded under County Clerk's File No. 2015048322 of the said
243	249		Real Property Records;
244	250		Thence, North 83°47'30" East with the South line of the said
245	251		191.02 acre tract and said Lot 16 and the common North line of the
246	252		said 74.25 acre tract and said Lot 17, at 633.95 feet passing the
247	253		Southeast corner of the said 191.02 acre tract and the Southwest
248	254		corner of that certain 20.00 acre tract of land conveyed to Sako
249	255		Properties, L.P., as described in deed recorded under County
250	256		Clerk's File No. 2006082946 of the said Real Property Records, at
251	257		976.95 feet passing the Southeast corner of the said 20.00 acre
252	258		tract and the Southwest corner of that certain 20.00 acre tract of
253	259		land conveyed to Sako Properties, L.P., as described in deed
254	260		recorded under County Clerk's File No. 2004133973 of the said Real
255	261		Property Records, and continuing in all, a total distance of
256	262		1320.09 feet to a 5/8 inch steel rod with cap (stamped "Kalkomey")
257	263		found marking the Northeast corner of the said 74.25 acre tract and
258	264		said Lot 17 and the most Northerly Northeast corner of the herein
259	265		described tract, said point being the Southeast corner of the said
260	266		20.00 acre tract and said Lot 16, said point also being in the West
261	267		line of that certain 12.101 acre tract of land conveyed to Martin F.
262	268		Munoz and Leticia Munoz, and described as "Tract 14B-1" in deed
263	269		recorded under County Clerk's File No. 2013135686 of the said Real
264	270		Property Records, from which point, a 5/8 inch steel rod found in
265	271		the South line of State Highway 90A, bears North 06°13'23" West,
266	272		2538.8 feet;
267	273		Thence, South 06°13'23" East, 722.48 feet with the West line
268	274		of the said 12.101 acre tract and the East line of the said 74.25
269	275		acre tract and said Lot 17 to a point for the Northwest corner of the
270	276		aforesaid 100 acre tract and said Lot 79, being an interior ell
271	277		corner of the herein described tract, said point also being the
272	278		Southwest corner of the said 12.101 acre tract, from which point, a
273	279		found 5/8 inch steel rod bears North 84°01' East, 0.38 feet;
274	280		Thence, North 84°01'28" East with the South line of the said
275	281		12.101 acre tract and the North line of the said 100 acre tract and
276	282		said Lot 79, at 572.95 feet passing the Southeast corner of the said
277	283		12.101 acre tract and the common Southwest corner of that certain
278	284		2.403 acre tract of land described as a 60 Foot Wide Private Road
279	285		and Utility Easement in deed recorded under County Clerk's File
280	286		No. 2013135686 of the said Real Property Records, and continuing
281	287		with the South line of the said 2.403 acre tract in all, a total
282	288		distance of 1651.69 feet to a 5/8 inch steel rod set for an exterior
283	289		ell corner of the herein described tract, said point being the
284	290		Northwest corner of that certain 9.3877 acre tract of land conveyed
285	291		to Angela J. Wells, as described in deed recorded under County
286	292		Clerk's File No. 2018020973 of the said Real Property Records;
287	293		Thence, South 05°58'32" East, 629.31 feet with the West line
288	294		of the said 9.3877 acre tract to a 5/8 inch steel rod set for the
289	295		Southwest corner of the said 9.3877 acre tract and an interior ell
290	296		corner of the herein described tract;
291	297		Thence, North 84°01'28" East, 649.23 feet with the South line
292	298		of the said 9.3877 acre tract to a 5/8 inch steel rod set in the West
293	299		line of said Muegge Road for the Southeast corner of the said 9.3877
294	300		acre tract and the most Easterly Northeast corner of the herein
295	301		described tract;
296	302		Thence, South 05°52'20" East, 1247.00 feet with the West line
297	303		of said Muegge Road to the PLACE OF BEGINNING and containing
298	304		163.9340 acres or 7,140,966 square feet of land, more or less.
299	305		This description is based on the land title survey and plat
300	306		(Job No. 18-15072A) made under the direction of James H. Thomas,
301	307		Registered Professional Land Surveyor on May 10, 2006 and
302	308		re-surveyed on December 6, 2018.
303	309		TRACT 2 - 200.0928 ACRES
304	310		Fieldnotes for 200.0928 acres of land out of the L. E. Cross
305	311		Survey, Abstract No. 408, in Fort Bend County, Texas, consisting of
306	312		the residue of that certain (called) 112.85 acre tract of land and
307	313		that certain (called) 90.9 acre tract of land conveyed to the Melvin
308	314		Miller Family Partnership, Ltd., as described in deed recorded
309	315		under County Clerk's File No. 9819938 of the Real Property Records
310	316		of Fort Bend County, said 112.85 acre tract being all of Lot 76 and
311	317		said 90.9 acre tract being all of Lot 78 of the Slavin & George
312	318		Subdivision, the map or plat thereof recorded in Volume 64, Page 253
313	319		of the Deed Records of Fort Bend County, and being that same
314	320		200.0928 acre tract of land conveyed to Tala Properties, Inc., as
315	321		described in deed recorded under County Clerk's File No. 2006122716
316	322		of the said Real Property Records, said 200.0928 acres of land being
317	323		more particularly described by metes and bounds, with all bearings
318	324		based on and oriented to the Southeast line of Lots 72, 76, 78, and
319	325		80 of said Slavin & George subdivision (South 45° West), as follows:
320	326		BEGINNING at a 1 inch galvanized steel pipe set in the South
321	327		line of Randon School Road, based on a 60 foot right-of-way (as
322	328		occupied on the ground), at its intersection with the Northeast
323	329		line of South Miller Road, based on a 60 foot right-of-way (as
324	330		described by right-of-way grant recorded in Volume 437, Page 49 of
325	331		the said Deed Records), said point being the Northwest corner of the
326	332		residue of the said 112.85 acre tract and said Lot 76, the Northwest
327	333		corner of the said 200.0928 acre tract and the herein described
328	334		tract;
329	335		Thence, North 83°46'38" East, 4755.38 feet with the South line
330	336		of said Randon School Road to a 1 inch galvanized steel pipe set in
331	337		the Northeast line of said Lot 78 for the Northeast corner of the
332	338		herein described tract, said point being in the East line of Muegge
333	339		Road, based on a 60 foot right-of-way (as occupied on the ground),
334	340		and being in the common Southwest line of adjacent Lot 80 of said
335	341		Slavin & George Subdivision, said point also being the apparent
336	342		Southwest corner of that certain 5.0 acre tract of land conveyed to
337	343		Albert F. Andel, as described in deed recorded under County Clerk's
338	344		File No. 2006147834 of the said Real Property Records;
339	345		Thence, South 44°49'46" East with the Southwest line of said
340	346		Lot 80 and the said 5.0 acre tract and with the common Northeast
341	347		line of the said 90.9 acre tract and said Lot 78, at 518.34 feet
342	348		passing the Southeast corner of the said 5.0 acre tract and the
343	349		Southwest corner of the residue of that certain 5.219 acre tract of
344	350		land conveyed to Maria B. Sanchez, as described in deed recorded
345	351		under County Clerk's File No. 9631930 of the said Real Property
346	352		Records, and continuing with the Southwest line of the said 5.219
347	353		acre tract, at 710.38 feet passing the Southeast corner of the said
348	354		residue tract and the Southwest corner of that certain 2.61 acre
349	355		tract of land conveyed to Petra Aguillon, as described in deed
350	356		recorded under County Clerk's File No. 9871322 of the said Real
351	357		Property Records, and continuing with the Southwest line of the
352	358		said 2.61 acre tract in all, a total distance of 866.35 feet to a 5/8
353	359		inch steel rod set in the Southeast line of the said L.E. Cross
354	360		Survey for the most Easterly or Southeast corner of the said 90.9
355	361		acre tract, said Lot 78, and the herein described tract, said point
356	362		being the most Southerly corner of the said 2.61 acre tract, said
357	363		point also being in the Northwest line of the Charles N. Simpson
358	364		Survey, Abstract No. 485, and that certain 74.408 acre tract of
359	365		land conveyed to Gulf/Landmark 74 Venture, LP, as described in deed
360	366		recorded under County Clerk's File No. 2007106406 of the said Real
361	367		Property Records, from which point, a found 3/4 inch steel pipe
362	368		bears South 44°50'East, 0.4 feet and an additional found 3/4 steel
363	369		pipe bears North 45°00'00" East, 9.18 feet;
364	370		Thence, South 45°00'00" West (basis bearing) with the
365	371		Northwest line of the said Charles N. Simpson Survey and the said
366	372		74.408 acre tract and with the common Southeast line of the said
367	373		L.E. Cross Survey, the said 90.9 acre tract, and said Lot 78, at
368	374		1317.07 feet passing the most Westerly corner of the said 74.408
369	375		acre tract and the most Northerly corner of that certain 3.032 acre
370	376		tract of land conveyed to Landmark 60 Venture, LP, and described as
371	377		a 'proposed 100' strip for road purposes' (unimproved at the time of
372	378		this survey) in deed recorded under County Clerk's File
373	379		No. 2007023830 of the said Real Property Records, and continuing
374	380		with the Northwest line of the said 3.032 acre tract, at 1421.30
375	381		feet passing the most Westerly corner of the said 3.032 acre tract
376	382		and the most Northerly corner of that certain 57.779 acre tract of
377	383		land conveyed to Landmark 60 Venture, LP, as described in deed
378	384		recorded under County Clerk's File No. 2007023830 of the said Real
379	385		Property Records, and continuing with the Northwest line of the
380	386		said 57.779 acre tract, at 2222.22 feet passing the most Southerly
381	387		corner of said Lot 78 and the most Easterly corner of said Lot 76,
382	388		and continuing with the Southeast line of said Lot 76 in all, a
383	389		total distance of 3696.77 feet to a 5/8 inch steel rod set in the
384	390		Northeast line of said South Miller Road for the most Southerly
385	391		corner of the herein described tract, said point also being the most
386	392		Westerly corner of the said 57.779 acre tract, from which point, a
387	393		found 3/4 inch steel pipe bears South 45°00' West, 0.67 feet;
388	394		Thence, North 45°07'04" West, 3844.62 feet with the Northeast
389	395		line of said South Miller Road to the PLACE OF BEGINNING and
390	396		containing 200.0928 acres or 8,716,043 square feet of land, more or
391	397		less.
392	398		This description is based on the land title survey and plat
393	399		(Job No. 06-15072A) made under the direction of James H. Thomas,
394	400		Registered Professional Land Surveyor on May 10, 2006 and
395	401		re-surveyed on December 6, 2018.
396	402		TRACT 3 - 89.4655 ACRES
397	403		Fieldnotes for 89.4655 acres of land out of the L. E. Cross
398	404		Survey, Abstract No. 408, and the Lester E. Cross Survey, Abstract
399	405		No. 419, in Fort Bend County, Texas, being out of and a part of that
400	406		certain (called) 93.30 acre tract of land conveyed to Sadie Miller,
401	407		as described in deed recorded in Volume 405, Page 37 of the Deed
402	408		Records of Fort Bend County, said 93.30 acre tract being all of Lot
403	409		73 of the Slavin & George Subdivision, the map or plat thereof
404	410		recorded in Volume 64, Page 253 of the Deed Records of Fort Bend
405	411		County, and being that same 89.4655 acre tract of land conveyed to
406	412		Tala Properties, Inc., as described in deed recorded under County
407	413		Clerk's File No. 2006122716 of the said Real Property Records, said
408	414		89.4655 acres of land being more particularly described by metes
409	415		and bounds, with all bearings based on and oriented to the Southeast
410	416		line of Lots 72, 76, 78, and 80 of said Slavin & George subdivision
411	417		(South 45° West), as follows:
412	418		COMMENCING at a 1 inch galvanized steel pipe set in the South
413	419		line of Randon School Road, based on a 60.00 foot right-of-way (as
414	420		occupied on the ground), at its intersection with the Southwest
415	421		line of South Miller Road, based on a 60 foot right-of-way (as
416	422		occupied on the ground), said point being the Northeast corner of
417	423		the residue of Lot 74 of said Slavin & George Subdivision;
418	424		Thence, South 45°07'04" East, 1273.05 feet with the Southwest
419	425		line of said South Miller Road to a 5/8 inch steel rod set in the
420	426		Northwest line of the said 93.30 acre tract and said Lot 73 for the
421	427		most Northerly corner and PLACE OF BEGINNING of the herein
422	428		described tract, said point being in the Southeast line of said Lot
423	429		74, at the most Easterly corner of that certain 64.87 acre tract of
424	430		land conveyed to Miller 108 LLC, as described in deed recorded under
425	431		County Clerk's File No. 2012097185 of the said Real Property
426	432		Records, said point also being most Westerly corner of that certain
427	433		10 foot wide strip of land conveyed to the County of Fort Bend (for
428	434		road widening) as described in right-of- way grant recorded in
429	435		Volume 437, Page 48 of the said Deed Records, from which point, a 6
430	436		inch wood post bears North 44°31' East, 1.1 feet;
431	437		Thence, South 45°07'04" East, 1330.56 feet with the Southwest
432	438		line of said South Miller Road and the said 10 foot wide strip to a
433	439		5/8 inch steel rod set in the Southeast line of the said 93.30 acre
434	440		tract and said Lot 73 for the most Easterly corner of the herein
435	441		described tract, said point being in the Northwest line of adjacent
436	442		Lot 72 of the said Slavin & George Subdivision and that certain
437	443		116.5 acre tract of land conveyed to Cynthia Irene Price, as
438	444		described in deed recorded under County Clerk's File No. 2016110214
439	445		of the said Real Property Records;
440	446		Thence, South 44°29'35" West, 2928.37 feet with the Northwest
441	447		line of the said 116.5 acre tract and said Lot 72 and the common
442	448		Southeast line of the said 93.30 acre tract and said Lot 73 to a 5/8
443	449		inch steel rod set in the Northeast line of State Highway 36 Bypass
444	450		(also known as Spur 10), based on a 150 foot right-of-way, for the
445	451		most Southerly corner of the herein described tract, said point
446	452		also being the most Easterly corner of that certain 2.29 acre tract
447	453		of land conveyed to the County of Fort Bend as described in
448	454		right-of-way deed recorded under County Clerk's File No. 9002037 of
449	455		the said Real Property Records;
450	456		Thence, North 45°05'04" West, 1331.49 feet with the Northeast
451	457		line of said State Highway 36 Bypass and the said 2.29 acre tract to
452	458		a 5/8 inch steel rod set in the Southeast line of said Lot 74 for the
453	459		most Westerly corner of the herein described tract, said point
454	460		being the most Southerly corner of the said 64.87 acre tract, being
455	461		in the Northwest line of the said 93.30 acre tract and said Lot 73,
456	462		said point also being the most Northerly corner of the said 2.29
457	463		acre tract;
458	464		Thence, North 44°30'40" East, 2927.58 feet with the Southeast
459	465		line of the said 64.87 acre tract and said Lot 74 and the common
460	466		Northwest line of the said 93.30 acre tract and said Lot 73 to the
461	467		PLACE OF BEGINNING and containing 89.4655 acres or 3,897,118 square
462	468		feet of land, more or less.
463	469		This description is based on the land title survey and plat
464	470		(Job No. 06-15072A) made under the direction of James H. Thomas,
465	471		Registered Professional Land Surveyor on May 10, 2006, and
466	472		re-surveyed on December 6, 2018.
467	473		TRACT 4 - 74.408 ACRES
468	474		74.408 acres of land in the Charles N. Simpson Survey,
469	475		Abstract 485, in Section No. 12, H. & T. C. Railroad Company Survey,
470	476		Fort Bend County, Texas.
471	477		For connection begin at a 1 1/2-inch iron pipe found marking
472	478		the north corner of said Charles N. Simpson Survey, Abstract 485,
473	479		and Section No. 12, H. & T. C. Railroad Company Survey;
474	480		THENCE, South 45 deg. West, 2776.4 feet to an iron pipe set
475	481		for the north corner of and PLACE OF BEGINNING for this tract;
476	482		THENCE, South 36 deg. 42' East, 1735.16 feet along a fence
477	483		line marking the western line of a 115 22-acre tract to an iron pipe
478	484		set for the east corner of this tract;
479	485		THENCE, South 56 deg. 14' West, 2056.18 feet along the
480	486		northwest line of the G. H. S. A. Railroad along a line 50 feet
481	487		perpendicular distant from and parallel to centerline of said
482	488		railroad to an iron pipe set for the south corner of this tract;
483	489		THENCE, northwesterly along the northeasterly line of a
484	490		proposed 100 foot road with a curve to the left with the following
485	491		data:
486	492		Delta = 27 deg. 18' 57"; Radius = 2790 feet; Length =
487	493		1330.13; Chord = North 47 deg. 25' 28" West, 1317.57
488	494		feet to an iron pipe set for the west corner of this
489	495		tract;
490	496		THENCE, North 45 deg. East, 2323.0 feet along the northwest
491	497		line of said Charles Simpson Survey, Abstract 485 to the PLACE OF
492	498		BEGINNING and containing 74.408 acres land including 1.373 acres in
493	499		Humble Pipeline Company easement (Volume 426, Page 5; Deed
494	500		Records), and 0.759 acre in the Gulf Pipeline 20-foot wide easement
495	501		(Volume 113, Page 474; Deed Records).
496	502		TRACT 5 - 3.032 ACRES
497	503		A 3.032 acre tract being a proposed 100-foot strip for road
498	504		purposes in Section 12, H. & T. C. Railroad Company Survey, Abstract
499	505		485, C. N. Simpson Survey, Abstract 485, Fort Bend County, Texas,
500	506		and more particularly described by metes and bounds as follows,
501	507		to-wit:
502	508		For connection begin at a 1 1/2-inch iron pipe found marking
503	509		the north corner of said Section 12;
504	510		THENCE, South 45 deg. West, 5099.4 feet to an iron pipe set
505	511		for the north corner of and PLACE OF BEGINNING for this tract;
506	512		THENCE, southeasterly with a curve to the right with the
507	513		following data:
508	514		Delta = 27 deg. 18' 57"; Radius = 2790 feet; Length =
509	515		1330.13; Chord = South 47 deg. 25' 28" East, 1317.57
510	516		feet to an iron pipe set for the east corner of this
511	517		tract; said point being in the northwest line of the G.
512	518		H. & S. A. Railroad (100 feet wide);
513	519		THENCE, South 56 deg. 14 min. West, along said northwest line
514	520		of said railroad 100 feet to an iron pipe set for the south corner of
515	521		this tract;
516	522		THENCE, northwesterly with a curve to the left with the
517	523		following data:
518	524		Delta = 27 deg. 55' 50"; Radius = 2690 feet; Length =
519	525		1311.33; Chord = North 47 deg. 43' 55" West, 1298.38
520	526		feet to an iron pipe set for the west corner of this
521	527		tract;
522	528		THENCE, North 45 deg. East, 104.23 feet to the PLACE OF
523	529		BEGINNING and containing 3.032 acres of land.
524	530		TRACT 6 - 57.779 ACRES
525	531		57.779 acres of land in the W. S. Anderson Survey, Abstract
526	532		424, in Section No. 8, H. & T. C. Railroad Company Survey, and in
527	533		the Charles N. Simpson Survey, Abstract 485, in Section No. 12, H. &
528	534		T. C. Railroad Company Survey, Fort Bend County, Texas.
529	535		For connection begin at a 1 1/2-inch iron pipe found marking
530	536		the north corner of said Charles N. Simpson Survey, Abstract 485,
531	537		and Section No. 12, H. & T. C. Railroad Company Survey;
532	538		THENCE, South 45 deg. West, 5203.63 feet to an iron pipe set
533	539		for the north corner of and PLACE OF BEGINNING for this tract;
534	540		THENCE, southeasterly along the southeast line of a proposed
535	541		100 foot road with a curve to the right with the following data:
536	542		Delta = 27 deg. 55' 50"; Radius = 2690 feet; Length =
537	543		1311.33; Chord = South 47 deg. 43' 55" East, 1298.38
538	544		feet to an iron pipe set for the east corner of this
539	545		tract; said point being in the northwest line of the G.
540	546		H. & S. A. Railroad (100 feet wide);
541	547		THENCE, South 56 deg. 14 West, 2380.91 feet along said
542	548		northwest line of the G. H. & S. A. Railroad along a line 50 feet
543	549		perpendicular distant from and parallel to the centerline of said
544	550		railroad to an iron pipe set for the south corner of this tract;
545	551		THENCE, North 45 deg. 08' 30" West, 833.1 feet along the
546	552		northeast line of Miller Road (60 feet wide), to an iron pipe set
547	553		for the west corner of this tract;
548	554		THENCE, North 45 deg. East, 2275.47 feet along the northwest
549	555		line of said W. S. Anderson Survey, Abstract 424, and Charles N.
550	556		Simpson Survey, Abstract 485, to the PLACE OF BEGINNING and
551	557		containing 57.779 acres of land.
552	558		SECTION 3. (a) The legal notice of the intention to
553	559		introduce this Act, setting forth the general substance of this
554	560		Act, has been published as provided by law, and the notice and a
555	561		copy of this Act have been furnished to all persons, agencies,
556	562		officials, or entities to which they are required to be furnished
557	563		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
558	564		Government Code.
559	565		(b) The governor, one of the required recipients, has
560	566		submitted the notice and Act to the Texas Commission on
561	567		Environmental Quality.
562	568		(c) The Texas Commission on Environmental Quality has filed
563	569		its recommendations relating to this Act with the governor, the
564	570		lieutenant governor, and the speaker of the house of
565	571		representatives within the required time.
566	572		(d) All requirements of the constitution and laws of this
567	573		state and the rules and procedures of the legislature with respect
568	574		to the notice, introduction, and passage of this Act are fulfilled
569	575		and accomplished.
570	576		SECTION 4. (a) If this Act does not receive a two-thirds
571	577		vote of all the members elected to each house, Subchapter C, Chapter
572	578		8040, Special District Local Laws Code, as added by Section 1 of
573	579		this Act, is amended by adding Section 8040.0306 to read as follows:
574	580		Sec. 8040.0306. NO EMINENT DOMAIN POWER. The district may
575	581		not exercise the power of eminent domain.
576	582		(b) This section is not intended to be an expression of a
577	583		legislative interpretation of the requirements of Section 17(c),
578	584		Article I, Texas Constitution.
579	585		SECTION 5. This Act takes effect immediately if it receives
580	586		a vote of two-thirds of all the members elected to each house, as
581	587		provided by Section 39, Article III, Texas Constitution. If this
582	588		Act does not receive the vote necessary for immediate effect, this
583	589		Act takes effect September 1, 2019.
584		-	______________________________ ______________________________
585		-	President of the Senate Speaker of the House
586		-	I certify that H.B. No. 3122 was passed by the House on April
587		-	12, 2019, by the following vote: Yeas 138, Nays 5, 2 present, not
588		-	voting.
589		-	______________________________
590		-	Chief Clerk of the House
591		-	I certify that H.B. No. 3122 was passed by the Senate on May
592		-	10, 2019, by the following vote: Yeas 30, Nays 1.
593		-	______________________________
594		-	Secretary of the Senate
595		-	APPROVED: _____________________
596		-	Date
597		-	_____________________
598		-	Governor
	590	+	* * * * *