Texas 2019 - 86th Regular

Texas House Bill HB4651 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4651
	1	+	By: Oliverson (Senate Sponsor - Bettencourt) H.B. No. 4651
	2	+	(In the Senate - Received from the House April 29, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on
	4	+	Administration; May 3, 2019, reported favorably by the following
	5	+	vote: Yeas 4, Nays 0; May 3, 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 County Municipal Utility
6	12		District No. 571; 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 8098 to read as follows:
12	18		CHAPTER 8098. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 571
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8098.0101. 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 Harris County Municipal
20	26		Utility District No. 571.
21	27		Sec. 8098.0102. 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. 8098.0103. 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. 8098.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8098.0103 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. 8098.0105. 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. 8098.0106. 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. 8098.0201. 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 8098.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8098.0202. TEMPORARY DIRECTORS. (a) The temporary
62	68		board consists of:
63	69		(1) Binh Chau;
64	70		(2) Todd Brown;
65	71		(3) Stephanie E. Tabor;
66	72		(4) Adlena Leemhuis; and
67	73		(5) Jennifer Day.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8098.0103; 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 8098.0103 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 8098.0103; 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. 8098.0301. 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. 8098.0302. 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. 8098.0303. 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. 8098.0304. 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. 8098.0305. 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. 8098.0401. 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 8098.0403.
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. 8098.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	144		authorized at an election held under Section 8098.0401, 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. 8098.0403. 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. 8098.0501. 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. 8098.0502. 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. 8098.0503. 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 Harris County Municipal Utility District
172	178		No. 571 initially includes all the territory contained in the
173	179		following area:
174	180		That tract of land situated in the Chauncey Goodrich Survey,
175	181		A-311, in Harris County, Texas, and out of the 131.3702 acre tract
176	182		described as Tract 2 in the deed from Charles T. Haynes Jr. and
177	183		Glenda K. Haynes, Trustees of the Haynes Family Revocable Trust to
178	184		Cunningham Interests II, Ltd, recorded under File Number
179	185		20120265722, of the Official Public Records of Harris County,
180	186		Texas, and out of the 31.4393 acre tract described in the deed from
181	187		Lisa M. Krakosky and spouse, Dean M. Krakosky, John P. McShan, Mark
182	188		S. McShan, Lisa M. Krakosky and Andrew J. McShan, to APITX 3, LLC,
183	189		recorded under File No. RP-2017-304570, of the Official Public
184	190		Records of Harris County, Texas, and more particularly described by
185	191		metes and bounds as follows:
186	192		Basis of bearing is based on the record bearing of aforesaid
187	193		Tract 2 (which has a basis of bearing of North 89° 39' 06" East along
188	194		the common line of the remainder of the 14 acre tract as described
189	195		in a deed filed for record under Harris County Clerk's File
190	196		No. R-965836, and the 33.2209 acre tract as described in a deed
191	197		filed for record under Harris County Clerk's File No. Z-331462);
192	198		BEGINNING at a point (called in RP-2017-304570: a 1 inch iron
193	199		pipe next to a rail road beam found on the east right-of-way line of
194	200		Telge Road (60 feet wide) as recorded in Vol. 78, Pg. 262, of the
195	201		Harris County Deed Records (H.C.D.R.), marking the northwest corner
196	202		of a called 27.5033 acre tract of land conveyed to Graceview Baptist
197	203		Church, as recorded under H.C.C.F. No. RP-2016-456441, the
198	204		southwest corner of said called 31.478 acre tract, and the
199	205		southwest corner of the herein described tract) for the southwest
200	206		corner of the herein described tract;
201	207		THENCE North 00° 13' 02" West - 59.18' (called in
202	208		RP-2017-304570: North 02 Deg. 18 Min. 03 Sec. West with the east
203	209		right-of-way line of said Telge Road, a distance of 59.18 feet to a
204	210		capped 5/8-inch iron rod stamped "Windrose Land Services" set
205	211		marking the southwest corner of a called 3.792 acre tract of land
206	212		conveyed to Jerry B. Boyd, et ux, as recorded under H.C.C.F.
207	213		No. 20080575074, and the westerly northwest corner of the herein
208	214		described tract, from which a found 5/8-inch iron rod bears South 78
209	215		Deg. 56 Min. 56 Sec. East, a distance of 0.64 feet), to a westerly
210	216		northwest corner of the herein described tract;
211	217		THENCE North 89° 59' 01" East - 866.69' (called in
212	218		RP-2017-304570: North 87 Deg. 54 Min. 00 Sec. East, with the south
213	219		line of said called 3.792 acre tract and the south line of a called
214	220		5.084 acre tract of land conveyed to E. Wheeler Coe, Jr., and
215	221		recorded under H.C.C.F. No. R033492, a distance of 866.69 feet to a
216	222		1/2-inch iron rod found marking the southeast corner of said called
217	223		5.084 acre tract and an interior corner of the herein described
218	224		tract), to an angle corner of the herein described tract;
219	225		THENCE North 00° 21' 08" East - 689.64' (called in
220	226		RP-2017-304570: North 01 Deg. 43 Min. 53 Sec. West, with the east
221	227		line of said called 5.084 acre tract, passing at a distance of
222	228		596.19 feet a 5/8-inch iron rod round marking the northeast corner
223	229		of said called 5.084 acre tract, and the southeast corner of a
224	230		called 3.970 acre tract of land conveyed to Michael C. Vollbrecht,
225	231		as recorded under H.C.C.F. No. RP-2016-336364, in all a distance of
226	232		689.64 feet to a capped 5/8-inch iron rod stamped "Windrose Land
227	233		Services" set marking the southwest corner of a called 17.409 acre
228	234		tract of land conveyed to Allen Pennington, as recorded under
229	235		H.C.C.F. No. 20140517739, and the northerly northwest corner of the
230	236		herein described tract, from which a found 1-inch iron pipe bears
231	237		North 48 Deg. 57 Min. 18 Sec. East, a distance of 3.29 feet), to a
232	238		westerly northwest corner of the herein described tract;
233	239		THENCE North 89° 22' 04" East - 809.13' (called in
234	240		RP-2017-304570: North 87 Dec. 17 Min. 03 Sec. East, with the south
235	241		line of said called 17.409 acre tract, a distance of 809.13 feet to
236	242		a 1-inch iron rod found marking the southeast corner of said called
237	243		17.409 acre tract, the southwest corner of a called 3.1720 acre
238	244		tract of land conveyed to Mario Jimenez, as recorded under H.C.C.F.
239	245		No. 20090343492, and an angle point in the north line of the herein
240	246		described tract), to an angle corner of the herein described tract;
241	247		THENCE South 89° 59' 34" East - 929.13' (called in
242	248		RP-2017-304570: North 87 Deg. 55 Min. 25 Sec. East, with the south
243	249		line of said called 3.1720 acre tract, the south line of a called
244	250		0.814 acre tract of land conveyed to Timothy James Kraemer, as
245	251		recorded under H.C.C.F. No. 20070586673, and the south line of a
246	252		called 2.1463 acre tract of land conveyed to Fred Joseph Wonk and
247	253		Debra Kathryn Pate, as recorded under H.C.C.F. No. 20130584290, a
248	254		distance of 929.13 feet to a 1-inch iron pipe found on the west line
249	255		of a called 131.3702 acre tract of land conveyed to Cunningham
250	256		Interests II, Ltd., as recorded under H.C.C.F. No. 20120265722,
251	257		marking the southeast corner of said 2.1463 acre tract, and the
252	258		northeast corner of the herein described tract), to an interior
253	259		angle corner of the herein described tract;
254	260		THENCE North 00° 04' 02" West - 1.07' (called in 20120265722:
255	261		along the common line of said North tract (that certain call 42.2857
256	262		acre tract of land described in a deed filed for record under Harris
257	263		County Clerk's File No. Z-331458) and said 31.478 acre tract of
258	264		land (as described in a deed filed for record under Harris County
259	265		Clerk's File No. X-573459) to a 1" iron pipe (found) for angle point
260	266		marking the Northeast corner of said 31.478 acre tract of land and
261	267		the Southeast corner of Lot 15 in Block 3 of said Treichel Wood
262	268		Estates (unrecorded) as described in a deed filed for record under
263	269		Harris County Clerk's File No. 2010349120), to an angle corner of
264	270		the herein described tract:
265	271		THENCE North 00° 21' 36" West - 1247.73' (called in
266	272		20120265722: along the common line of said Treichel Wood Estates
267	273		and said North tract, passing at call 607.98 feet the Northwest
268	274		corner of said North tract and the Southwest corner of the remainder
269	275		of said 39.4277 acre tract of land (described in a deed filed for
270	276		record under Harris County Clerk's File No. P-215054), a total
271	277		distance of 1,247.73 feet to a 3/4" iron pipe (found) in the South
272	278		line of Lot 42 of Treichel Wood Estates, (unrecorded), marking the
273	279		Northeast corner of Lot 44 in Block 4 of said Treichel Wood Estates
274	280		as described in a deed filed for record under Harris County Clerk's
275	281		File No. J-673788, the Northwest corner of the remainder of said
276	282		39.4277 acre tract of land) to the most northerly northwest corner
277	283		of the herein described tract;
278	284		THENCE South 89° 59' 48" East - 433.11 (called in 20120265722:
279	285		along the common line of the remainder of said 39.4277 acre tract of
280	286		land and said Treichel Wood Estates to a 1-1/4" iron pipe (found)
281	287		for an angle point marking the Southeast corner of Lot 37 in Block 4
282	288		of said Treichel Wood Estates as described in a deed filed for
283	289		record under Harris County Clerk's File No. L-094431 and the
284	290		Southwest corner of that certain call 1.0629 acre tract of land
285	291		known as Tract 10 A as described in a deed filed for record under
286	292		Harris County Clerk's File No. S-674840) to an angle corner of the
287	293		herein described tract;
288	294		THENCE South 89° 58' 37" East - 839.57' (called in
289	295		20120265722: along the common line of the remainder of said 39.4277
290	296		acre tract of land and said Tract 10A to a 3/4" iron pipe (found) for
291	297		angle point marking the Southeast corner of that certain call
292	298		3.3726 acre remainder tract of land known as Tract 10 G, 10 G1 and 10
293	299		G2 out of that certain call 4.3276 acre tract of land described in a
294	300		deed filed for record under Harris County Clerk's File No. G-445448
295	301		and the Southwest corner of the remainder of that certain call 17
296	302		acre tract of land as described in a deed filed for record in Volume
297	303		285, Page 363 of said Harris County Deed Records) to an angle corner
298	304		of the herein described tract;
299	305		THENCE North 89° 59' 01" East - 34.92' (called in 20120265722:
300	306		along the common line of the remainder of said 39.4277 acre tract of
301	307		land and the remainder of said 17 acre tract of land to a point for
302	308		corner in a Harris County Flood Control Ditch marking the Southeast
303	309		corner of the remainder of said 17 acre tract of land, the Southwest
304	310		corner of said 3 acre tract of land (described in a deed filed for
305	311		record under Harris County Clerk's File No. R-965831)), to an angle
306	312		corner of the herein described tract;
307	313		THENCE North 89° 59' 00" East - 591.39' (calculated) to
308	314		(called in 20120265722: a 2" iron pipe (found) in the North line of
309	315		the remainder of said 39.4277 acre tract of land marking the
310	316		Southeast corner of the remainder of said 14 acre tract of land
311	317		(described in a deed filed for record under Harris County Clerk's
312	318		File No. R-965836), the Southwest corner of said 10.08 acre tract
313	319		of land (described in a deed filed for record under Harris County
314	320		Clerk's File No. B-477153) an angle corner of the herein described
315	321		tract;
316	322		THENCE South 89° 56' 36" East - 784.05' (called in
317	323		20120265722: along the common line of said 10.08 acre and the
318	324		remainder of said 39.4277 acre tract of land to a 1" iron pipe
319	325		(found bent) in the East line of said Chauncey Goodrich Survey, the
320	326		West line of the John Hooper Survey, A-325 in said Harris County,
321	327		Texas and the West line of that certain call 1.9160 acre tract of
322	328		land known as Tract 2 G as described in a deed filed for record under
323	329		Harris County Clerk's File No. H-893093 marking the Southeast
324	330		corner of said 10.08 acre tract of land, the Northeast corner of the
325	331		remainder of said 39.4277 acre tract) to the northeast corner of the
326	332		herein described tract;
327	333		THENCE South 00° 55' 02" East - 639.13' (called in
328	334		20120265722: along the common line of the remainder of said 39.4277
329	335		acre tract of land, said Chauncey Goodrich Survey, said Tract 2 G
330	336		and said John Hooper Survey to a 5/8" iron rod (found) for angle
331	337		point in the West line of that certain call 8.612 acre tract of land
332	338		as described in a deed filed for record under Harris County Clerk's
333	339		File No. N-090793 marking the Southeast corner of the remainder of
334	340		said 39.4277 acre tract of land the Northeast corner of said North
335	341		tract), to an angle corner of the herein described tract;
336	342		THENCE South 00° 53' 39" East - 683.76' (called in
337	343		20120265722: along the common line of said North tract, said
338	344		Chauncey Goodrich Survey, said 8.612 acre tract of land and said
339	345		John Hooper Survey to a 5/8" iron rod (found) for angle point in the
340	346		West line of that certain call 10.4400 acre tract of land as
341	347		described in a deed filed for record under Harris County Clerk's
342	348		File No. D-858395 marking the Southeast corner of said North tract
343	349		and the Northeast corner of said South tract (that certain call
344	350		42.2857 acre tract of land as described in a deed filed for record
345	351		under Harris County Clerk's File No. 20090332908)), to an angle
346	352		corner of the herein described tract;
347	353		THENCE South 01° 31' 34" East - 49.35' (called in 20120265722:
348	354		along the common line of said South tract, said Chauncey Goodrich
349	355		Survey, said 10.4400 acre tract of land and said John Hooper Survey
350	356		to a 1/2" iron rod (found) for angle point marking the Southwest
351	357		corner of said 10.4400 acre tract of land and the Northwest corner
352	358		of that certain call 1.0000 acre tract of land known as Lot 15 A in
353	359		Calvert Subdivision, (unrecorded), as described in a deed filed for
354	360		record under Harris County Clerk's File No. D-280475), to an angle
355	361		corner of the herein described tract;
356	362		THENCE South 00° 53' 06" East - 290.16' (called in
357	363		20120265722: along the common line of said South tract, said
358	364		Chauncey Goodrich Survey, said Lot 15 A and said John Hooper Survey
359	365		to a 1/2" iron rod (found) for angle point marking the Southwest
360	366		corner of said Lot 15 A and the Northwest corner of Olin Road,
361	367		(60.00 feet in width)), to an angle corner of the herein described
362	368		tract;
363	369		THENCE South 00° 50' 01" East - 342.17' (called in
364	370		20120265722: along the common line of said South tract, said
365	371		Chauncey Goodrich Survey, said Olin Road and said John Hooper
366	372		Survey, passing at 60.00 feet the Southwest corner of said Olin Road
367	373		and the Northwest corner of that certain call 0.04458 acre tract of
368	374		land as described in a deed filed for record under Harris County
369	375		Clerk's File No. V-223565, a total distance of 342.17 feet, to a
370	376		5/8" iron rod (found) in the North line of the John Hooper Survey,
371	377		A-375 in said Harris County, Texas and the North line of that
372	378		certain call 233 acre tract of land as described in a deed filed for
373	379		record in Volume 16, Page 166 of said Harris County Deed Records
374	380		marking the Southwest corner of said 0.04458 acre tract of land, the
375	381		Southeast corner of said Chauncey Goodrich Survey, A-311, the
376	382		Southwest corner of said John Hooper Survey, A-325, the Southeast
377	383		corner of said South tract), to the southeast corner of the herein
378	384		described tract;
379	385		THENCE South 89° 59' 05" West - 1255.61' (called in
380	386		20120265722: along the common line of said South tract, said
381	387		Chauncey Goodrich Survey, said 233 acre tract of land and said John
382	388		Hooper Survey to a 1-1/4" iron pipe (found) for angle point marking
383	389		the Northwest corner of said 233 acre tract of land and the
384	390		Northeast corner of that certain call 25.25 acre tract of land known
385	391		as Tract 2 as described in a deed filed for record under Harris
386	392		County Clerk's File No. U-132699), to an angle corner of the herein
387	393		described tract;
388	394		THENCE South 89° 55' 49" West - 1399.66' (called in
389	395		20120265722: along the common line of said South tract, said
390	396		Chauncey Goodrich Survey, said Tract 2 and said John Hooper Survey,
391	397		passing at call 699.77 feet the Northwest corner of said Tract 2 and
392	398		the Northeast corner of that certain call 25.20 acre tract of land
393	399		known as Tract 1 as described in a deed filed for record under
394	400		Harris County Clerk's File No. U-132699, a total distance of
395	401		1,399.66 feet, to a T-Rail (found) for angle point marking the
396	402		Northwest corner of said Tract 1 and the Northeast corner of that
397	403		certain call 27.507 acre tract of land described in a deed filed for
398	404		record under Harris County Clerk's File No. R-075089), to an angle
399	405		corner of the herein described tract;
400	406		THENCE South 89° 27' 44" West - 48.77' (called in 20120265722:
401	407		along the common line of said South tract, said Clauncey Goodrich
402	408		Survey, said 27.507 acre tract and said John Hooper Survey to a 1"
403	409		iron pipe (found) in the North line of said 27.507 acre tract of
404	410		land marking the Southwest corner of said South tract, the
405	411		Southeast corner of that certain call 31.478 acre tract of land as
406	412		described in a deed filed for record under Harris County Clerk's
407	413		File No. X-573459) and (called in RP-2017-304570: a capped 5/8
408	414		inch iron rod stamped "Windrose Land Services" set on the north line
409	415		of said called 27.5033 acre tract, marking the southwest corner of
410	416		said called 131.3702 acre tract, from which a found 1-inch iron pipe
411	417		bears South 02 Deg. 17 Min. 53 Sec. East, a distance of 0.49 feet),
412	418		and an angle corner of the herein described tract;
413	419		THENCE North 89° 58' 31" West - 2611.75' (called in
414	420		RP-2017-304570: South 87 Deg. 56 Min. 28 Sec. West, with the north
415	421		line of said called 27.5033 acre tract, a distance of 2611.75 feet)
416	422		to the POINT OF BEGINNING and containing 155.4 acres.
417	423		SECTION 3. (a) The legal notice of the intention to
418	424		introduce this Act, setting forth the general substance of this
419	425		Act, has been published as provided by law, and the notice and a
420	426		copy of this Act have been furnished to all persons, agencies,
421	427		officials, or entities to which they are required to be furnished
422	428		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
423	429		Government Code.
424	430		(b) The governor, one of the required recipients, has
425	431		submitted the notice and Act to the Texas Commission on
426	432		Environmental Quality.
427	433		(c) The Texas Commission on Environmental Quality has filed
428	434		its recommendations relating to this Act with the governor, the
429	435		lieutenant governor, and the speaker of the house of
430	436		representatives within the required time.
431	437		(d) All requirements of the constitution and laws of this
432	438		state and the rules and procedures of the legislature with respect
433	439		to the notice, introduction, and passage of this Act are fulfilled
434	440		and accomplished.
435	441		SECTION 4. (a) If this Act does not receive a two-thirds
436	442		vote of all the members elected to each house, Subchapter C, Chapter
437	443		8098, Special District Local Laws Code, as added by Section 1 of
438	444		this Act, is amended by adding Section 8098.0306 to read as follows:
439	445		Sec. 8098.0306. NO EMINENT DOMAIN POWER. The district may
440	446		not exercise the power of eminent domain.
441	447		(b) This section is not intended to be an expression of a
442	448		legislative interpretation of the requirements of Section 17(c),
443	449		Article I, Texas Constitution.
444	450		SECTION 5. This Act takes effect immediately if it receives
445	451		a vote of two-thirds of all the members elected to each house, as
446	452		provided by Section 39, Article III, Texas Constitution. If this
447	453		Act does not receive the vote necessary for immediate effect, this
448	454		Act takes effect September 1, 2019.
449		-	______________________________ ______________________________
450		-	President of the Senate Speaker of the House
451		-	I certify that H.B. No. 4651 was passed by the House on April
452		-	26, 2019, by the following vote: Yeas 123, Nays 16, 2 present, not
453		-	voting.
454		-	______________________________
455		-	Chief Clerk of the House
456		-	I certify that H.B. No. 4651 was passed by the Senate on May
457		-	10, 2019, by the following vote: Yeas 30, Nays 1.
458		-	______________________________
459		-	Secretary of the Senate
460		-	APPROVED: _____________________
461		-	Date
462		-	_____________________
463		-	Governor
	455	+	* * * * *