Texas 2019 - 86th Regular

Texas House Bill HB4520 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4520
	1	+	By: Bell of Montgomery (Senate Sponsor - Kolkhorst) H.B. No. 4520
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 15, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 15, 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 Harris-Waller Counties Municipal
6	12		Utility District No. 4; 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 8047 to read as follows:
12	18		CHAPTER 8047. HARRIS-WALLER COUNTIES MUNICIPAL UTILITY DISTRICT
13	19		NO. 4
14	20		SUBCHAPTER A. GENERAL PROVISIONS
15	21		Sec. 8047.0101. DEFINITIONS. In this chapter:
16	22		(1) "Board" means the district's board of directors.
17	23		(2) "Commission" means the Texas Commission on
18	24		Environmental Quality.
19	25		(3) "Director" means a board member.
20	26		(4) "District" means the Harris-Waller Counties
21	27		Municipal Utility District No. 4.
22	28		Sec. 8047.0102. NATURE OF DISTRICT. The district is a
23	29		municipal utility district created under Section 59, Article XVI,
24	30		Texas Constitution.
25	31		Sec. 8047.0103. CONFIRMATION AND DIRECTOR ELECTION
26	32		REQUIRED. The temporary directors shall hold an election to
27	33		confirm the creation of the district and to elect five permanent
28	34		directors as provided by Section 49.102, Water Code.
29	35		Sec. 8047.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	36		temporary directors may not hold an election under Section
31	37		8047.0103 until each municipality in whose corporate limits or
32	38		extraterritorial jurisdiction the district is located has
33	39		consented by ordinance or resolution to the creation of the
34	40		district and to the inclusion of land in the district.
35	41		Sec. 8047.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	42		(a) The district is created to serve a public purpose and benefit.
37	43		(b) The district is created to accomplish the purposes of:
38	44		(1) a municipal utility district as provided by
39	45		general law and Section 59, Article XVI, Texas Constitution; and
40	46		(2) Section 52, Article III, Texas Constitution, that
41	47		relate to the construction, acquisition, improvement, operation,
42	48		or maintenance of macadamized, graveled, or paved roads, or
43	49		improvements, including storm drainage, in aid of those roads.
44	50		Sec. 8047.0106. INITIAL DISTRICT TERRITORY. (a) The
45	51		district is initially composed of the territory described by
46	52		Section 2 of the Act enacting this chapter.
47	53		(b) The boundaries and field notes contained in Section 2 of
48	54		the Act enacting this chapter form a closure. A mistake made in the
49	55		field notes or in copying the field notes in the legislative process
50	56		does not affect the district's:
51	57		(1) organization, existence, or validity;
52	58		(2) right to issue any type of bond for the purposes
53	59		for which the district is created or to pay the principal of and
54	60		interest on a bond;
55	61		(3) right to impose a tax; or
56	62		(4) legality or operation.
57	63		SUBCHAPTER B. BOARD OF DIRECTORS
58	64		Sec. 8047.0201. GOVERNING BODY; TERMS. (a) The district is
59	65		governed by a board of five elected directors.
60	66		(b) Except as provided by Section 8047.0202, directors
61	67		serve staggered four-year terms.
62	68		Sec. 8047.0202. TEMPORARY DIRECTORS. (a) The temporary
63	69		board consists of:
64	70		(1) Ruth Delaney;
65	71		(2) Tracy Butcher;
66	72		(3) Erica Tabrizi;
67	73		(4) Virginia Bryant; and
68	74		(5) Way Denkler.
69	75		(b) Temporary directors serve until the earlier of:
70	76		(1) the date permanent directors are elected under
71	77		Section 8047.0103; or
72	78		(2) the fourth anniversary of the effective date of
73	79		the Act enacting this chapter.
74	80		(c) If permanent directors have not been elected under
75	81		Section 8047.0103 and the terms of the temporary directors have
76	82		expired, successor temporary directors shall be appointed or
77	83		reappointed as provided by Subsection (d) to serve terms that
78	84		expire on the earlier of:
79	85		(1) the date permanent directors are elected under
80	86		Section 8047.0103; or
81	87		(2) the fourth anniversary of the date of the
82	88		appointment or reappointment.
83	89		(d) If Subsection (c) applies, the owner or owners of a
84	90		majority of the assessed value of the real property in the district
85	91		may submit a petition to the commission requesting that the
86	92		commission appoint as successor temporary directors the five
87	93		persons named in the petition. The commission shall appoint as
88	94		successor temporary directors the five persons named in the
89	95		petition.
90	96		SUBCHAPTER C. POWERS AND DUTIES
91	97		Sec. 8047.0301. GENERAL POWERS AND DUTIES. The district
92	98		has the powers and duties necessary to accomplish the purposes for
93	99		which the district is created.
94	100		Sec. 8047.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	101		DUTIES. The district has the powers and duties provided by the
96	102		general law of this state, including Chapters 49 and 54, Water Code,
97	103		applicable to municipal utility districts created under Section 59,
98	104		Article XVI, Texas Constitution.
99	105		Sec. 8047.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
100	106		52, Article III, Texas Constitution, the district may design,
101	107		acquire, construct, finance, issue bonds for, improve, operate,
102	108		maintain, and convey to this state, a county, or a municipality for
103	109		operation and maintenance macadamized, graveled, or paved roads, or
104	110		improvements, including storm drainage, in aid of those roads.
105	111		Sec. 8047.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	112		road project must meet all applicable construction standards,
107	113		zoning and subdivision requirements, and regulations of each
108	114		municipality in whose corporate limits or extraterritorial
109	115		jurisdiction the road project is located.
110	116		(b) If a road project is not located in the corporate limits
111	117		or extraterritorial jurisdiction of a municipality, the road
112	118		project must meet all applicable construction standards,
113	119		subdivision requirements, and regulations of each county in which
114	120		the road project is located.
115	121		(c) If the state will maintain and operate the road, the
116	122		Texas Transportation Commission must approve the plans and
117	123		specifications of the road project.
118	124		Sec. 8047.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	125		ORDINANCE OR RESOLUTION. The district shall comply with all
120	126		applicable requirements of any ordinance or resolution that is
121	127		adopted under Section 54.016 or 54.0165, Water Code, and that
122	128		consents to the creation of the district or to the inclusion of land
123	129		in the district.
124	130		Sec. 8047.0306. DIVISION OF DISTRICT. (a) The district may
125	131		be divided into two or more new districts only if:
126	132		(1) the district has no outstanding bonded debt; and
127	133		(2) the district is not imposing ad valorem taxes.
128	134		(b) This chapter applies to any new district created by the
129	135		division of the district, and a new district has all the powers and
130	136		duties of the district.
131	137		(c) Any new district created by the division of the district
132	138		may not, at the time the new district is created, contain any land
133	139		outside the area described by Section 2 of the Act enacting this
134	140		chapter.
135	141		(d) The board, on its own motion or on receipt of a petition
136	142		signed by the owner or owners of a majority of the assessed value of
137	143		the real property in the district, may adopt an order dividing the
138	144		district.
139	145		(e) The board may adopt an order dividing the district
140	146		before or after the date the board holds an election under Section
141	147		8047.0103 to confirm the creation of the district.
142	148		(f) An order dividing the district shall:
143	149		(1) name each new district;
144	150		(2) include the metes and bounds description of the
145	151		territory of each new district;
146	152		(3) appoint temporary directors for each new district;
147	153		and
148	154		(4) provide for the division of assets and liabilities
149	155		between or among the new districts.
150	156		(g) On or before the 30th day after the date of adoption of
151	157		an order dividing the district, the district shall file the order
152	158		with the commission and record the order in the real property
153	159		records of each county in which the district is located.
154	160		(h) Any new district created by the division of the district
155	161		shall hold a confirmation and directors' election as required by
156	162		Section 8047.0103.
157	163		(i) If the creation of the new district is confirmed, the
158	164		new district shall provide the election date and results to the
159	165		commission.
160	166		(j) Any new district created by the division of the district
161	167		must hold an election as required by this chapter to obtain voter
162	168		approval before the district may impose a maintenance tax or issue
163	169		bonds payable wholly or partly from ad valorem taxes.
164	170		(k) Municipal consent to the creation of the district and to
165	171		the inclusion of land in the district granted under Section
166	172		8047.0104 acts as municipal consent to the creation of any new
167	173		district created by the division of the district and to the
168	174		inclusion of land in the new district.
169	175		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
170	176		Sec. 8047.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
171	177		The district may issue, without an election, bonds and other
172	178		obligations secured by:
173	179		(1) revenue other than ad valorem taxes; or
174	180		(2) contract payments described by Section 8047.0403.
175	181		(b) The district must hold an election in the manner
176	182		provided by Chapters 49 and 54, Water Code, to obtain voter approval
177	183		before the district may impose an ad valorem tax or issue bonds
178	184		payable from ad valorem taxes.
179	185		(c) The district may not issue bonds payable from ad valorem
180	186		taxes to finance a road project unless the issuance is approved by a
181	187		vote of a two-thirds majority of the district voters voting at an
182	188		election held for that purpose.
183	189		Sec. 8047.0402. OPERATION AND MAINTENANCE TAX. (a) If
184	190		authorized at an election held under Section 8047.0401, the
185	191		district may impose an operation and maintenance tax on taxable
186	192		property in the district in accordance with Section 49.107, Water
187	193		Code.
188	194		(b) The board shall determine the tax rate. The rate may not
189	195		exceed the rate approved at the election.
190	196		Sec. 8047.0403. CONTRACT TAXES. (a) In accordance with
191	197		Section 49.108, Water Code, the district may impose a tax other than
192	198		an operation and maintenance tax and use the revenue derived from
193	199		the tax to make payments under a contract after the provisions of
194	200		the contract have been approved by a majority of the district voters
195	201		voting at an election held for that purpose.
196	202		(b) A contract approved by the district voters may contain a
197	203		provision stating that the contract may be modified or amended by
198	204		the board without further voter approval.
199	205		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
200	206		Sec. 8047.0501. AUTHORITY TO ISSUE BONDS AND OTHER
201	207		OBLIGATIONS. The district may issue bonds or other obligations
202	208		payable wholly or partly from ad valorem taxes, impact fees,
203	209		revenue, contract payments, grants, or other district money, or any
204	210		combination of those sources, to pay for any authorized district
205	211		purpose.
206	212		Sec. 8047.0502. TAXES FOR BONDS. At the time the district
207	213		issues bonds payable wholly or partly from ad valorem taxes, the
208	214		board shall provide for the annual imposition of a continuing
209	215		direct ad valorem tax, without limit as to rate or amount, while all
210	216		or part of the bonds are outstanding as required and in the manner
211	217		provided by Sections 54.601 and 54.602, Water Code.
212	218		Sec. 8047.0503. BONDS FOR ROAD PROJECTS. At the time of
213	219		issuance, the total principal amount of bonds or other obligations
214	220		issued or incurred to finance road projects and payable from ad
215	221		valorem taxes may not exceed one-fourth of the assessed value of the
216	222		real property in the district.
217	223		SECTION 2. The Harris-Waller Counties Municipal Utility
218	224		District No. 4 initially includes all the territory contained in
219	225		the following area:
220	226		TRACT 1 - 384.139 ACRES
221	227		Being a tract of land containing 384.139 acres located in the
222	228		H.&T.C.R.R. Co. Survey, Section 121, Abstract 201 (A-201), and the
223	229		J.W. McCutcheon Survey, Section 130, A-308, both in Waller County,
224	230		Texas. Said 384.139 acres being those certain call 383.1710 acre
225	231		and 1.00 acre tracts of land (styled "Tract 1" and "Tract 2",
226	232		respectively) recorded in the name of Kenneth Lee Freeman, Charles
227	233		Randall Freeman, David Wayne Freeman and Diana Lynn Ballard,
228	234		Trustees in Volume 471, Page 468 of the Waller County Deed Records
229	235		(W.C.D.R.). Said 384.139 acres being more particularly described
230	236		by metes and bounds as follows (bearings are referenced to the Texas
231	237		Coordinate System of 1983, South Central Zone, based on GPS
232	238		observations):
233	239		COMMENCING at a 1/2 inch iron rod found at the northwest
234	240		corner of said A-201, the northeast corner of the F. Eule Survey,
235	241		Section 112, A-373, the southeast corner of the H.&T.C.R.R. Co.
236	242		Survey, Section 111, A-172, and the F. Eule Survey, Section 120,
237	243		A-375, all in Waller County, Texas, being at the intersection of
238	244		Schlipf Road and Stockdick Road, and from which a 1/2 inch iron pipe
239	245		found at the northeast corner of said A-201 and northwest corner of
240	246		said A-308 bears North 87 degrees 59 minutes 16 seconds East, a
241	247		distance of 5,297.10 feet;
242	248		THENCE, with said Schlipf Road and the common line between
243	249		said A-201 and A-373, South 02 degrees 05 minutes 03 seconds East, a
244	250		distance of 2,779.90 feet to a Nail set in asphalt at the POINT OF
245	251		BEGINNING and northwest corner of aforesaid 383.1710 acre tract,
246	252		same being the southwest corner of the Dollins 281.50 acre tract;
247	253		THENCE, with the common line between said 383.1710 acre tract
248	254		and said Dollins 281.50 acre tract, North 87 degrees 54 minutes 31
249	255		seconds East, passing a 1/2 inch iron pipe found at 25.67 feet for
250	256		reference, and continuing for a total distance of 2,314.64 feet
251	257		(call 2,315.22 feet) to a 5/8 inch capped iron rod stamped "GBI
252	258		Partners" set at the northwest corner of the Dollins 10 acre tract;
253	259		THENCE, with the common lines between said 383.1710 acre
254	260		tract and said Dollins 10 acre tract, the following two (2) courses:
255	261		1.) South 02 degrees 05 minutes 59 seconds East, a
256	262		distance of 684.50 feet to a 5/8 inch capped iron rod stamped
257	263		"GBI Partners" set at the southwest corner of said Dollins 10
258	264		acre tract;
259	265		2.) North 87 degrees 54 minutes 31 seconds East, a
260	266		distance of 405.00 feet to a 5/8 inch capped iron rod stamped
261	267		"GBI Partners" set at the most southerly southeast corner of
262	268		said Dollins 10 acre tract, same being the southwest corner
263	269		of the aforesaid 1.00 acre tract;
264	270		THENCE, with the common lines between said 1.00 acre tract
265	271		and said Dollins 10 acre tract, the following two (2) courses:
266	272		1.) North 02 degrees 05 minutes 59 seconds West, a
267	273		distance of 159.00 feet to a 5/8 inch capped iron rod stamped
268	274		"GBI Partners" set at the northwest corner of said 1.00 acre
269	275		tract;
270	276		2.) South 87 degrees 41 minutes 42 seconds East, a
271	277		distance of 295.87 feet to a 5/8 inch capped iron rod stamped
272	278		"GBI Partners" set at the most easterly southeast corner of
273	279		said Dollins 10 acre tract, the northeast corner of said 1.00
274	280		acre tract and being on the most easterly west line of
275	281		aforesaid 383.1710 acre tract;
276	282		THENCE, with a common line between said 383.1710 acre tract
277	283		and said Dollins 10 acre tract, North 02 degrees 05 minutes 59
278	284		seconds West, a distance of 548.18 feet to a 5/8 inch capped iron
279	285		rod stamped "GBI Partners" set at the northeast corner of said
280	286		Dollins 10 acre tract and being on the south line of the aforesaid
281	287		Dollins 281.50 acre tract;
282	288		THENCE, with the north line of said 383.1710 acre tract and
283	289		the south line of said Dollins 281.50 acre tract and the Dollins
284	290		88.30 acre and 499.65 acre tracts, North 87 degrees 54 minutes 31
285	291		seconds East, passing the common line between aforesaid A-201 and
286	292		A-308 at 2,284.28 feet, and continuing for a total distance of
287	293		3,846.71 feet to a 5/8 inch capped iron rod found at the northeast
288	294		corner of said 383.1710 acre tract;
289	295		THENCE, with the east line of said 383.1710 acre tract and
290	296		west line of said Dollins 499.65 acre tract, South 02 degrees 07
291	297		minutes 54 seconds East, passing a 3/4 inch capped iron rod found at
292	298		2,469.93 feet for reference, and continuing for a total distance of
293	299		2,508.30 feet to the southeast corner of said 383.1710 acre tract,
294	300		being in Clay Road (call 60 feet wide as described in Volume 106,
295	301		Page 492 of the W.C.D.R.) and on the common line between aforesaid
296	302		A-308 and the H.&T.C.R.R. Co. Survey, Section 127, A-205, in Waller
297	303		County, Texas, and from which point a found nail in asphalt bears
298	304		North 88 degrees 00 minutes 59 seconds East, a distance of 0.78
299	305		feet;
300	306		THENCE, with said common line, the common line between
301	307		aforesaid A-201 and the T. Reese Survey, Section 122, A-333, in
302	308		Waller County, Texas, the south line of said 383.1710 acre tract and
303	309		said Clay Road, South 88 degrees 00 minutes 59 seconds West, passing
304	310		a 1/2 inch iron pipe found at 1,562.87 feet for reference and being
305	311		at the southwest corner of said A-308, the southeast corner of said
306	312		A-201, the northeast corner of said A-333 and the northwest corner
307	313		of said A-205, and continuing for a total distance of 6,863.43 feet
308	314		to a 1/2 inch iron rod found under asphalt at the southwest corner
309	315		of said 383.1710 acre tract and said A-201, same being the northwest
310	316		corner of said A-333, the southeast corner of aforesaid A-373 and
311	317		the northeast corner of the H.&T.C.R.R. Co. Survey, Section 109,
312	318		A-171, in Waller County, Texas, and being at the intersection of
313	319		aforesaid Schlipf Road and Clay Road;
314	320		THENCE, with the west line of said 383.1710 acre tract, the
315	321		common line between said A-201 and A-373, and said Schlipf Road,
316	322		North 02 degrees 05 minutes 03 seconds West, a distance of 2,495.42
317	323		feet (call 2,495.62 feet) to the POINT OF BEGINNING and containing
318	324		384.139 acres of land.
319	325		TRACT 2 - 655.54 ACRES
320	326		A METES & BOUNDS description of a 655.54 acre tract of land in
321	327		the H. & T. C. Railroad Company Survey Section 121, Abstract 201,
322	328		and the J. W. McCutcheon Survey, Section 130, Abstract 308, Waller
323	329		County, Texas, and the J. W. McCutcheon Survey, Abstract 1713,
324	330		Harris County, Texas, being the residue of that certain called
325	331		1,277.0358 acre tract recorded in Volume 313, Page 416, Deed
326	332		Records, Waller County, Texas, with all bearings based upon the
327	333		Texas Coordinate System of 1983, South Central Zone, based upon GPS
328	334		observations.
329	335		Beginning at a Mag nail set with shiner at the intersection of
330	336		Schlipf Road and Stockdick School Road for the northwest corner of
331	337		said called 1,277.0358 acre tract, for the northwest corner and
332	338		Place of Beginning of the herein described tract, said point being
333	339		the northwest corner of said Section 121, same being the northeast
334	340		corner of the adjoining Fred Eule Survey, Abstract 373, the
335	341		southeast corner of the adjoining H. & T. C. Railroad Company
336	342		Survey, Section 111, Abstract 172, and the southwest corner of the
337	343		adjoining Fred Eule Survey, Abstract 375, and the southwest corner
338	344		of an adjoining called 162.614 acre tract recorded under County
339	345		Clerk's File Number 1700518, Official Records, Waller County,
340	346		Texas;
341	347		Thence North 87 degrees 59 minutes 38 seconds East (called
342	348		South 89 degrees 56 minutes 36 seconds East) along the north line of
343	349		the herein described tract, the north line of said called
344	350		1,277.0358 acre tract, and the north line of said Section 121, same
345	351		being the south line of said adjoining Fred Eule Survey, Abstract
346	352		375, and the south line of said adjoining called 162.614 acre tract,
347	353		at 2,669.63 feet pass a 1/2 inch iron pipe found on said line for the
348	354		southeast corner of said adjoining called 162.614 acre tract, same
349	355		being the southwest corner of an adjoining called 1,263.584 acre
350	356		tract recorded in Volume 449, Page 312, Deed Records, Waller
351	357		County, Texas, at 3,117.89 feet pass a 1/2 inch iron pipe found on
352	358		said line, and continuing for a total distance of 5,297.06 feet
353	359		(called 5,297.44 feet) to a 1/2 inch iron pipe found for angle
354	360		point, said point being the northeast corner of said Section 121,
355	361		same being the northwest corner of the aforementioned Section 130,
356	362		same being the southeast corner of said adjoining Fred Eule Survey,
357	363		Abstract 375, same being the southwest corner of the adjoining H. &
358	364		T. C. Railroad Company Survey, Section 129, Abstract 204;
359	365		Thence North 87 degrees 58 minutes 20 seconds East (called
360	366		South 89 degrees 56 minutes 36 seconds East) along the north line of
361	367		the herein described tract, the north line of said called
362	368		1,277.0358 acre tract, and the north line of said Section 130, same
363	369		being the south line of said adjoining called 1,263.584 acre tract,
364	370		and the south line of said adjoining Section 129, 5,242.80 feet
365	371		(called 5,242.24 feet) to a Mag nail set with shiner in the
366	372		intersection of Stockdick School Road and Pitts Road for the
367	373		northeast corner of the herein described tract, the northeast
368	374		corner of said called 1,277.0358 acre tract, and the northeast
369	375		corner of said Section 130, same being the southeast corner of said
370	376		adjoining called 1,263.584 acre tract, and the southeast corner of
371	377		said adjoining Section 129, the southwest corner of the adjoining
372	378		George Spencer Survey, Abstract 1366, and the northwest corner of
373	379		the adjoining H. & T. C. Railroad Company Survey, Section 79,
374	380		Abstract 464;
375	381		Thence South 02 degrees 04 minutes 22 seconds East (called
376	382		South) along the east line of the herein described tract, the east
377	383		line of said called 1,277.0358 acre tract, and the east line of said
378	384		Section 130, same being the west line of said adjoining Section 79,
379	385		as located in Pitts Road, 3,821.34 feet to a Mag nail set with
380	386		shiner for the upper southeast corner of the herein described
381	387		tract, being in the centerline of Cane Island Branch;
382	388		Thence along the centerline of Cane Island Branch, being the
383	389		common line of the herein described tract and an adjoining called
384	390		219.6424 acre tract recorded under County Clerk's File Number
385	391		1606411, Official Records, Waller County, Texas, with the following
386	392		courses and distances:
387	393		South 87 degrees 57 minutes 57 seconds West, 99.09 feet
388	394		(adjoiner called South 87 degrees 58 minutes 32 seconds West)
389	395		to beginning of a curve to the right;
390	396		Thence along said curve to the right having a central
391	397		angle of 30 degrees 51 minutes 03 seconds (adjoiner called 30
392	398		degrees 51 minutes 02 seconds), a radius of 724. 84 feet
393	399		(adjoiner called 724.84 feet), an arc length of 390.29 feet
394	400		(adjoiner called 390.29 feet), and a chord bearing North 76
395	401		degrees 36 minutes 32 seconds West, 385.59 feet (adjoiner
396	402		called North 76 degrees 35 minutes 51 seconds West, 385.59
397	403		feet) to the end of said curve;
398	404		North 61 degrees 11 minutes 00 seconds West, 2,960.39
399	405		feet (adjoiner called North 61 degrees 10 minutes 25 seconds
400	406		West, 2,960.39 feet);
401	407		North 49 degrees 39 minutes 44 seconds West, 1,105.19
402	408		feet (adjoiner called North 49 degrees 39 minutes 09 seconds
403	409		West, 1,105.19 feet);
404	410		North 40 degrees 00 minutes 50 seconds West, 1,195.05
405	411		feet (adjoiner called North 40 degrees 20 minutes 25 seconds
406	412		West and North 42 degrees 36 minutes 30 seconds West);
407	413		North 56 degrees 39 minutes 14 seconds West, 96.20 feet;
408	414		North 67 degrees 38 minutes 55 seconds West, 56.40 feet;
409	415		North 89 degrees 09 minutes 58 seconds West, 187.42 feet
410	416		to a point in the centerline of Cane Island Branch for a
411	417		reentry corner to the herein described tract, said point
412	418		being the northwest corner of an adjoining called 5.7438 acre
413	419		tract (Tract II) recorded under County Clerk's File Number
414	420		1606411, Official Records, Waller County, Texas;
415	421		Thence along the common line of the herein described tract
416	422		and said adjoining called 5.7438 acre tract, and the aforementioned
417	423		adjoining called 219.6424 acre tract, with the following courses
418	424		and distances:
419	425		South 02 degrees 06 minutes 10 seconds East, 836.00 feet
420	426		(adjoiner called South 02 degrees 06 minutes 10 seconds East,
421	427		836.50 feet) to a found 5/8 inch iron rod with cap marked
422	428		"EIC";
423	429		North 88 degrees 01 minute 59 seconds East, 305.32 feet
424	430		(adjoiner called North 87 degrees 53 minutes 50 seconds East,
425	431		306.00 feet) to a found 5/8 inch iron rod with cap marked
426	432		"EIC";
427	433		South 02 degrees 09 minutes 36 seconds East, 971.68 feet
428	434		(adjoiner called South 02 degrees 06 minutes 10 seconds East)
429	435		to a found 5/8 inch iron rod with cap marked "EIC";
430	436		North 87 degrees 55 minutes 45 seconds East, 577.92 feet
431	437		(adjoiner called North 87 degrees 53 minutes 35 seconds East,
432	438		578.24 feet) to a found 1/2 inch iron pipe with cap marked
433	439		"Kalkomey Surveying";
434	440		South 02 degrees 22 minutes 45 seconds East, 466.63 feet
435	441		(adjoiner called South 02 degrees 21 minutes 12 seconds East,
436	442		466.69 feet) to a found 5/8 inch iron rod with cap marked
437	443		"EIC";
438	444		North 87 degrees 52 minutes 27 seconds East, 383.91 feet
439	445		(adjoiner called North 87 degrees 53 minutes 35 seconds East,
440	446		383.89 feet) to a found 5/8 inch iron rod with cap marked
441	447		"EIC";
442	448		South 02 degrees 08 minutes 09 seconds East (adjoiner
443	449		called South 02 degrees 08 minutes 28 seconds East) at
444	450		2,541.19 feet pass a 1/2 inch iron pipe found on said line at
445	451		its intersection with the apparent occupied north
446	452		right-of-way line of Clay Road, and continuing for a total
447	453		distance of 2,579.28 feet to a Mag nail found with shiner for
448	454		the most southerly southeast corner of the herein described
449	455		tract, said point being in the south line of said called
450	456		1,277.0358 acre tract and the south line of said Section 130,
451	457		same being the north line of the adjoining H. & T. C. Railroad
452	458		Company Survey, Section 127, Abstract 205, from which point a
453	459		found PK nail bears North 05 degrees 22 minutes 33 seconds
454	460		West, 0.44 feet;
455	461		Thence South 88 degrees 00 minutes 42 seconds West (called
456	462		North 89 degrees 54 minutes 46 seconds West) along the southernmost
457	463		line of the herein described tract, the south line of said called
458	464		1,277.0358 acre tract, and the south line of said Section 130, same
459	465		being the north line of said adjoining Section 127, as located in
460	466		Clay Road, 70.00 feet to a Mag nail found with shiner for the most
461	467		southerly southwest corner of the herein described tract, same
462	468		being the southeast corner of an adjoining called 383.1710 acre
463	469		tract (Tract 1) recorded under County Clerk's File Number 1803887,
464	470		Official Records, Waller County, Texas, from which point a found PK
465	471		nail bears North 04 degrees 29 minutes 12 seconds West, 0.57 feet;
466	472		Thence North 02 degrees 09 minutes 18 seconds West (adjoiner
467	473		called North 00 degrees 03 minutes 10 seconds West) along the common
468	474		line of the herein described tract and said adjoining called
469	475		383.1710 acre tract, at 37.93 feet pass a 1/2 inch iron pipe with
470	476		cap marked "Kalkomey Surveying" found on said line at its
471	477		intersection with the apparent occupied north right-of-way line of
472	478		Clay Road, and continuing for a total distance of 2,508.22 feet
473	479		(adjoiner called 2,508.29 feet) to a 1/2 inch iron pipe with cap
474	480		marked "Kalkomey Surveying" found for a reentry corner to the
475	481		herein described tract, same being the northeast corner of said
476	482		adjoining called 383.1710 acre tract;
477	483		Thence South 87 degrees 54 minutes 31 seconds West (adjoiner
478	484		called South 89 degrees 58 minutes 53 seconds West) continuing
479	485		along said common line, 3,846.70 feet (adjoiner called 3,846.70
480	486		feet) to a 5/8 inch iron rod with cap marked "Jones Carter" set for
481	487		corner;
482	488		Thence South 02 degrees 06 minutes 27 seconds East (adjoiner
483	489		called South 00 degrees 01 minute 37 seconds East) continuing along
484	490		said common line, 548.18 feet to a 5/8 inch iron rod with cap marked
485	491		"Kalkomey Surveying" set for corner, said point being the northeast
486	492		corner of an adjoining called 1.00 acre tract (Tract 2) recorded
487	493		under County Clerk's File Number 1803887, Official Records, Waller
488	494		County, Texas, from which point a 3/4 inch iron rod found for the
489	495		southeast corner of said adjoining called 1.00 acre tract, same
490	496		being a reentry corner to said adjoining called 383.1710 acre
491	497		tract, bears South 02 degrees 06 minutes 27 seconds East, 136.61
492	498		feet;
493	499		Thence North 87 degrees 42 minutes 05 seconds West (adjoiner
494	500		called North 85 degrees 37 minutes 20 seconds West) along the common
495	501		line of the herein described tract and said adjoining called 1.00
496	502		acre tract, 295.87 feet (adjoiner called 295.87 feet) to a 5/8 inch
497	503		iron rod with cap marked "Kalkomey Surveying" set for a reentry
498	504		corner to the herein described tract, same being the northwest
499	505		corner of said adjoining called 1.00 acre tract;
500	506		Thence South 01 degree 31 minutes 04 seconds East (adjoiner
501	507		called South 00 degrees 01 minute 37 seconds East) continuing along
502	508		said common line, 159.00 feet (adjoiner called 159.00 feet) to a 5/8
503	509		inch iron rod with cap marked "Kalkomey Surveying" set for corner,
504	510		said point being the southwest corner of said adjoining called 1.00
505	511		acre tract, and being an interior line of the aforementioned
506	512		adjoining called 383.1710 acre tract;
507	513		Thence South 87 degrees 57 minutes 59 seconds West (adjoiner
508	514		called South 89 degrees 58 minutes 53 seconds West) along the common
509	515		line of the herein described tract and said adjoining called
510	516		383.1710 acre tract, 405.00 feet (adjoiner called 405.00 feet) to a
511	517		3/4 inch iron rod found for corner, said point being a reentry
512	518		corner to said adjoining called 383.1710 acre tract;
513	519		Thence North 01 degree 58 minutes 15 seconds West (adjoiner
514	520		called North 00 degrees 01 minute 37 seconds West) continuing along
515	521		said common line, 684.12 feet (adjoiner called 684.51 feet) to a
516	522		point in an 8-inch fence corner post for a reentry corner to the
517	523		herein described tract;
518	524		Thence South 87 degrees 54 minutes 31 seconds West (adjoiner
519	525		called South 89 degrees 58 minutes 53 seconds West) continuing
520	526		along said common line, at 2,288.94 feet pass a 1/2 inch iron pipe
521	527		found on said line at its intersection with the apparent occupied
522	528		east right-of-way line of Schlipf Road, and continuing for a total
523	529		distance of 2,314.47 feet (adjoiner called 2,315.22 feet) to a Mag
524	530		nail set with shiner for a southwest corner of the herein described
525	531		tract, same being the northwest corner of said adjoining called
526	532		383.1710 acre tract, said point being in the west line of said
527	533		called 1,277.0358 acre tract and the west line of the
528	534		aforementioned Section 121, same being the east line of the
529	535		aforementioned adjoining Fred Eule Survey, Abstract 373, from which
530	536		point a bolt spike found for the southwest corner of said adjoining
531	537		called 383.1710 acre tract bears South 02 degrees 05 minutes 05
532	538		seconds East, 2,495.34 feet (adjoiner called South 00 degrees 01
533	539		minute 07 seconds East, 2,495.62 feet);
534	540		Thence North 02 degrees 05 minutes 05 seconds West (called
535	541		North 00 degrees 01 minute 07 seconds West) along the west line of
536	542		the herein described tract, the west line of said called 1,277.0358
537	543		acre tract, and the west line of said Section 121, same being the
538	544		east line of said adjoining Fred Eule Survey, Abstract 373, as
539	545		located in Schlipf Road, 445.91 feet to a Mag nail set with shiner
540	546		for corner;
541	547		Thence North 87 degrees 53 minutes 06 seconds East, 25.00
542	548		feet to a 6-inch steel post found for corner, said point being the
543	549		southwest corner of an adjoining called 3.329 acre tract recorded
544	550		in Volume 1168, Page 008, Official Records, Waller County, Texas;
545	551		Thence North 56 degrees 14 minutes 23 seconds East (adjoiner
546	552		called North 58 degrees 15 minutes 22 seconds East) along the common
547	553		line of the herein described tract and said adjoining called 3.329
548	554		acre tract, 778.87 feet (adjoiner called 778.87 feet) to a 5/8 inch
549	555		iron rod with cap marked "Kalkomey Surveying" set for a reentry
550	556		corner to the herein described tract, same being the southeast
551	557		corner of said adjoining called 3.329 acre tract;
552	558		Thence North 02 degrees 45 minutes 16 seconds West (adjoiner
553	559		called North 00 degrees 10 minutes 26 seconds West) continuing
554	560		along said common line, 180.00 feet (adjoiner called 180.00 feet)
555	561		to a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" found
556	562		for a reentry corner to the herein described tract, same being the
557	563		northeast corner of said adjoining called 3.329 acre tract;
558	564		Thence South 88 degrees 00 minutes 41 seconds West (adjoiner
559	565		called South 89 degrees 58 minutes 37 seconds West) continuing
560	566		along said common line, 271.83 feet (adjoiner called 273 .00 feet)
561	567		to a 1/2 inch iron pipe found for a reentry corner to the herein
562	568		described tract, same being the upper northwest corner of said
563	569		adjoining called 3.329 acre tract;
564	570		Thence South 02 degrees 18 minutes 47 seconds East (adjoiner
565	571		called South 00 degrees 10 minutes 26 seconds East) continuing
566	572		along said common line, 78.92 feet to a 1/2 inch iron pipe found for
567	573		corner, said point being the northeast corner of an adjoining
568	574		called 2.000 acre tract recorded under County Clerk's File Number
569	575		1505672, Official Records, Waller County, Texas;
570	576		Thence South 87 degrees 54 minutes 49 seconds West (adjoiner
571	577		called West) along an interior line of the herein described tract,
572	578		same being the north line of said adjoining called 2.000 acre tract,
573	579		at 389.97 feet pass a 1/2 inch iron pipe with cap marked "Kalkomey
574	580		Surveying" found on said line at its intersection with the apparent
575	581		occupied east right-of-way line of Schlipf Road, and continuing for
576	582		a total distance of 414.22 feet (adjoiner called 414 .05 feet) to a
577	583		Mag nail set with shiner for the upper southwest corner of the
578	584		herein described tract, same being the northwest corner of said
579	585		adjoining called 2.000 acre tract, said point being in the west line
580	586		of the aforementioned called 1,277.0358 acre tract and the west
581	587		line of the aforementioned Section 121, same being the east line of
582	588		the aforementioned adjoining Fred Eule Survey, Abstract 373;
583	589		Thence North 02 degrees 05 minutes 05 seconds West (called
584	590		North 00 degrees 01 minute 07 seconds West) along the west line of
585	591		the herein described tract, the west line of said called 1,277.0358
586	592		acre tract, and the west line of said Section 121, same being the
587	593		east line of said adjoining Fred Eule Survey, Abstract 373, as
588	594		located in Schlipf Road, 1,823.78 feet to the Place of Beginning and
589	595		containing 655.54 acres of land, more or less.
590	596		SECTION 3. (a) The legal notice of the intention to
591	597		introduce this Act, setting forth the general substance of this
592	598		Act, has been published as provided by law, and the notice and a
593	599		copy of this Act have been furnished to all persons, agencies,
594	600		officials, or entities to which they are required to be furnished
595	601		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
596	602		Government Code.
597	603		(b) The governor, one of the required recipients, has
598	604		submitted the notice and Act to the Texas Commission on
599	605		Environmental Quality.
600	606		(c) The Texas Commission on Environmental Quality has filed
601	607		its recommendations relating to this Act with the governor, the
602	608		lieutenant governor, and the speaker of the house of
603	609		representatives within the required time.
604	610		(d) All requirements of the constitution and laws of this
605	611		state and the rules and procedures of the legislature with respect
606	612		to the notice, introduction, and passage of this Act are fulfilled
607	613		and accomplished.
608	614		SECTION 4. (a) If this Act does not receive a two-thirds
609	615		vote of all the members elected to each house, Subchapter C, Chapter
610	616		8047, Special District Local Laws Code, as added by Section 1 of
611	617		this Act, is amended by adding Section 8047.0307 to read as follows:
612	618		Sec. 8047.0307. NO EMINENT DOMAIN POWER. The district may
613	619		not exercise the power of eminent domain.
614	620		(b) This section is not intended to be an expression of a
615	621		legislative interpretation of the requirements of Section 17(c),
616	622		Article I, Texas Constitution.
617	623		SECTION 5. This Act takes effect immediately if it receives
618	624		a vote of two-thirds of all the members elected to each house, as
619	625		provided by Section 39, Article III, Texas Constitution. If this
620	626		Act does not receive the vote necessary for immediate effect, this
621	627		Act takes effect September 1, 2019.
622		-	______________________________ ______________________________
623		-	President of the Senate Speaker of the House
624		-	I certify that H.B. No. 4520 was passed by the House on May 3,
625		-	2019, by the following vote: Yeas 123, Nays 17, 2 present, not
626		-	voting.
627		-	______________________________
628		-	Chief Clerk of the House
629		-	I certify that H.B. No. 4520 was passed by the Senate on May
630		-	21, 2019, by the following vote: Yeas 30, Nays 1.
631		-	______________________________
632		-	Secretary of the Senate
633		-	APPROVED: _____________________
634		-	Date
635		-	_____________________
636		-	Governor
	628	+	* * * * *