H.B. No. 4669
AN ACT
relating to the creation of the Northeast Burnet County Water
District No. 1; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8064 to read as follows:
CHAPTER 8064. NORTHEAST BURNET COUNTY WATER DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8064.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Northeast Burnet County Water
District No. 1.
Sec. 8064.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8064.0103. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8064.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8064.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8064.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8064.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8064.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8064.0202, directors
serve staggered four-year terms.
Sec. 8064.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8064.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8064.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8064.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8064.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8064.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8064.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8064.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8064.0305. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8064.0103 to confirm the creation of the district.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district
or provide that the owner or owners of a majority of the assessed
value of the real property in each new district may submit a
petition to the commission requesting that the commission appoint
as temporary directors the five persons named in the petition; and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8064.0103.
(i) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
Sec. 8064.0306. STRATEGIC PARTNERSHIP AGREEMENT. The
district may negotiate and enter into a written strategic
partnership agreement with a municipality under Section 43.0751,
Local Government Code.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8064.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8064.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
(d) The district may not issue bonds payable wholly or
partly from assessments.
Sec. 8064.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8064.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8064.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. ASSESSMENTS; APPLICABILITY OF IMPACT FEES AND
ASSESSMENTS
Sec. 8064.0501. PETITION REQUIRED FOR FINANCING
RECREATIONAL FACILITY OR IMPROVEMENT BY ASSESSMENT. (a) The
district may finance a recreational facility or improvement with
assessments on residential or commercial property or both
residential and commercial property under this subchapter, but only
if:
(1) a written petition requesting that facility or
improvement has been filed with the board; and
(2) the district holds a hearing on the proposed
assessments.
(b) The petition must be signed by the owners of a majority
of the assessed value of real property in the district subject to
assessment according to the most recent certified tax appraisal
roll for the county.
Sec. 8064.0502. METHOD OF NOTICE FOR HEARING. The district
shall mail notice of the hearing to each property owner in the
district who will be subject to the assessment at the current
address to be assessed as reflected on the tax rolls. The district
may mail the notice by certified or first class United States mail.
The board shall determine the method of notice.
Sec. 8064.0503. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
An assessment or a reassessment imposed under this subchapter by
the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(b) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(c) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 8064.0504. UTILITY PROPERTY EXEMPT FROM IMPACT FEES
AND ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
Sec. 8064.0601. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8064.0602. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8064.0603. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SUBCHAPTER G. DEFINED AREAS
Sec. 8064.0701. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district to pay for improvements,
facilities, or services that primarily benefit that area or
property and do not generally and directly benefit the district as a
whole.
Sec. 8064.0702. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes of the defined area or designated property, the board
shall hold an election in the defined area or in the designated
property only.
(b) The board may submit the issues to the voters on the same
ballot to be used in another election.
Sec. 8064.0703. DECLARING RESULT AND ISSUING ORDER. (a) If
a majority of the voters voting at the election approve the
proposition or propositions, the board shall declare the results
and, by order, shall establish the defined area and describe it by
metes and bounds or designate the specific property.
(b) A court may not review the board's order except on the
ground of fraud, palpable error, or arbitrary and confiscatory
abuse of discretion.
Sec. 8064.0704. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
approval and adoption of the order described by Section 8064.0703,
the district may apply separately, differently, equitably, and
specifically its taxing power and lien authority to the defined
area or designated property to provide money to construct,
administer, maintain, and operate services, improvements, and
facilities that primarily benefit the defined area or designated
property.
Sec. 8064.0705. ISSUANCE OF BONDS FOR DEFINED AREA OR
DESIGNATED PROPERTY. After the order under Section 8064.0703 is
adopted, the district may issue bonds to provide for any land,
improvements, facilities, plants, equipment, and appliances for
the defined area or designated property.
SECTION 2. The Northeast Burnet County Water District No. 1
initially includes all the territory contained in the following
area:
FIELD NOTES
BEING ALL OF THAT CERTAIN 1863.573 ACRE TRACT OR PARCEL OF LAND OUT
OF AND A PART OF THE JAMES H. CRISWELL SURVEY, NO. 64, ABSTRACT NO.
187 1/2, M.M GRANT SURVEY NO. 529, ABSTRACT NO. 369, M.M. GRANT
SURVEY NO. 530, ABSTRACT NO. 370, J.H. EVANS SURVEY NO. 1239,
ABSTRACT NO. 1164, WILLIAM B. ANDERSON SURVEY NO. 65, ABSTRACT NO.
13, T.C.RY. CO. SURVEY NO. 53, ABSTRACT NO. 1357, JOHN B. BARKER
SURVEY NO. 1345, ABSTRACT NO. 1211, WILLIAM G. WILLIAMS SURVEY NO.
931, ABSTRACT NO. 1001, W.C. HEATH SURVEY NO. 1398, ABSTRACT NO.
1310, SARAH SMART SURVEY, NO. 841, ABSTRACT NO. 865, T.C.R.R. CO.
SURVEY NO. 91, ABSTRACT NO. 1588, DAVE STEWART SURVEY NO. 5,
ABSTRACT NO 806, AND THE S.W. MAYO SURVEY NO. 1156, ABSTRACT NO.
1184, ALL SITUATED IN BURNET COUNTY, TEXAS, SAID TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED AS BEING ALL OF A CALLED 233.6123 ACRE
TRACT OF LAND (EXHIBIT A), SAVE AND EXCEPT A CALLED 10.00 ACRE TRACT
OF LAND (EXHIBIT B) CONVEYED TO SWG BRIGGS I, LP. IN DOCUMENT NO.
201610419, OFFICIAL PUBLIC RECORDS OF BURNET COUNTY, TEXAS, ALL OF
A CALLED 1526.98 ACRE TRACT OF LAND CONVEYED TO SWG BRIGGS I, LP.,
IN VOLUME 856, PAGE 747, OFFICIAL PUBLIC RECORDS OF BURNET COUNTY,
TEXAS, AND ALL OF A CALLED 113.00 ACRE TRACT OF LAND CONVEYED TO SWG
BRIGGS I, LP., IN DOCUMENT NUMBER 201610423, OFFICIAL PUBLIC
RECORDS OF BURNET COUNTY, TEXAS, SAID 1863.573 ACRE TRACT OF LAND
BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a at the northernmost corner of said 113.00 acre
tract, being at the westernmost corner of A CALLED 31.0236 acre
tract of land conveyed to Mike & Deanna Leschber in Document Number
201204123, Official Public Records of Burnet County, Texas, same
being in the southeast line of County Road 219 (R.O.W. Varies), for
the northeast corner and the POINT OF BEGINNING of the herein
described tract of land,
THENCE, with the northeast line of said 113.00 acres, the southwest
line of said 31.0236 acres, the southwest line of a called 25.16
acre tract of land conveyed to Danny & Darlene Bannister in Document
Number 201605105, Official Public Records of Burnet, County, Texas,
and the southwest line of a called 25.18 acre tract of land conveyed
to Barbara Cook Irrevocable Trust in Document Number 201604313,
Official Public Records of Burnet County, Texas, the following nine
(9) courses and distances, numbered 1 through 9,
1) S21°23'29"E, a distance of 526.92 feet to a point,
2) S28°33'31"E, a distance of 1017.15 feet to a point,
3) S08°26'18"W, a distance of 288.16 feet to a point,
4) N86°24'09"E, a distance of 312.43 feet to a point,
5) S32°25'56"E, a distance of 358.15 feet to a point,
6) S29°49'18"E, a distance of 163.65 feet to a point,
7) S36°39'03"E, a distance of 194.88 feet to a point,
8) S22°22'24"E, a distance of 94.36 feet to a point, and
9) S19°03'14"E, a distance of 218.48 feet to a point at the
most westerly, southwest corner of said 25.18 acre tract, being the
easternmost corner of said 113.00 acre tract, same being in a
northwest line of said 1526.98 acre tract of land,
THENCE, N67°56'31"E, with the southeast line of said 25.18 acre
tract, a distance of 815.54 feet to a point at an interior corner of
said 25.18 acre tract of land,
THENCE, S21°01'35"E, continuing with a northeast line of said
1526.98 acre tract, the southwest line of said 25.18 acre tract, the
southwest line of a called 25.10 acre tract of land conveyed to
Pamela Cannavan in Volume 1214, Page 561, Official Public Records
of Burnet County, Texas, the southwest line of a called 25.092 acre
tract of land conveyed to David & Melody Baker in Document Number
201100991, Official Public Records of Burnet County, Texas, and the
southwest line of a called 25.13 acre tract of land conveyed to K.D.
Rhodes Ranch, LLC. in Document Number 200702836, Official Public
Records of Burnet, County, Texas, a distance of 3532.45 feet to a
point at the southernmost corner of said 25.13 acre tract, being in
the northwest line of a called 31.44 acre tract of land conveyed to
Daniel & Diann Davis in Volume 1032, Page 314m, Official Public
Records of Burnet, County, Texas,
THENCE, S67°36'29"W, with the northwest line of said 31.44 acre and
a southeast line of said 1526.98 acre tract of land, a distance of
281.44 feet to a point at the westernmost corner of said 31.44 acre
tract,
THENCE, continuing with a northeast line of said 1526.98 acre
tract, the southwest line of said 31.44 acre tract, the southwest
line of a called 50.0 acre tract of land conveyed to Andres &
Jacqueline Gonzales in Volume 632, Page 553, Official Public
Records of Burnet County, Texas, and a southwest line of a called
79.88 acre tract of land (Tract Three) conveyed to Kevin & Faith
McAndrew in Document Number 20906099, Official Public Records of
Burnet County, Texas, the following four (4) courses and distances,
numbered 1 through 4,
1) S21°06'12"E, a distance of 924.69 feet to a point,
2) S25°03'14"E, a distance of 415.81 feet to a point,
3) S20°46'52"E, a distance of 563.14 feet to a point, and
4) S21°06'08"E, a distance of 745.00 feet to a point at an
interior corner of said 79.88 acre tract, being at the easternmost
corner of said 1526.98 acre tract, for the easternmost corner of the
herein described tract of land,
THENCE, S68°34'51"W, with a southeast line of said 1526.98 acre
tract, a northwest line of said 79.88 acre tract, and the northwest
line of Lots 18 & 19, Spring Creek Estates, a subdivision recorded
in Volume 2, Page 29A, Plat Records of Burnet county, Texas, a
distance of 2652.74 feet to a point at the westernmost corner of
said Lot 18, being at a south corner of said 1526.98 acre tract,
same being in the northeast line of a called 107.9 acre tract of
land conveyed to Charles & Nancy Stovall in Document Number
201803478, Official Public Records of Burnet County, Texas,
THENCE, N21°32'12"W, with a southwest line of said 1526.98 acre
tract and the northeast line of said 107.9 acre tract of land, a
distance of 1043.80 feet to a point at the north corner of said
107.9 acre tract of land,
THENCE, with a southeast line of said 1526.98 acre tract, the
southeast line of said 223.6123 acre tract, the northwest line of
said 107.9 acre tract, the northwest line of a called 317.74 acre
tract of land, (Tract 1) conveyed to Jadenyx, LP. in Volume 1196,
Page 271, Official Public Records of Burnet County, Texas, and the
northwest line of a called 232.06 acre tract of land (Tract 3)
conveyed to Jadenyx, LP. in Volume 1196, Page 271, Official Public
Records of Burnet County, Texas, the following two (2) courses and
distances, numbered 1 and 2,
1) S68°29'04"W, a distance of 1840.13 feet to a point, and
2) S68°51'14"W, a distance of 5049.97 feet to a point at the
west corner of said 232.06 acre tract, being at the southernmost
corner of said 223.6123 acre tract, same being in the northeast line
of a called 469.21 acre tract of land conveyed to Billie Stiles in
Volume 1458, Page 914, Official Public Records of Burnet County,
Texas, for the southwest corner of the herein described tract of
land,
THENCE, with the common line of said 469.21 acre tract of land and
said 223.6123 acre tract of land, the following two (2) courses and
distances, numbered 1 and 2,
1) N21°32'07"W, a distance of 2024.80 feet to a point at the
northernmost corner of said 469.21 acre tract of land, and
2) S69°04'28"W, a distance of 1682.57 feet to a point in the
northwest line of said 469.21 acre tract, being at a southwest
corner of said 223.6123 acre tract, same being at the easternmost
corner of a called 160.45 acre tract of land conveyed to Floyd &
Tammy Cantwell in Document Number 200910400, Official Public
Records of Burnet County, Texas, for a southwest corner of the
herein described tract of land,
THENCE, N21°13'36"W, with a southwest line of said 223.6123 acre
tract, the northeast line of said 160.45 acre tract and the
northeast line of a called 14.0 acre tract of land conveyed to SWG
Briggs I, LP. in Document Number 201610417, Official Public Records
of Burnet County, Texas, a distance of 1973.11 feet to a point in
the southwest line of said 223.6123 acre tract, being in the
northeast line of said 14.0 acre tract, same being at the
southernmost corner of a called 10.00 acre tract of land conveyed to
Wayne & Leigh Anne Eaton in Volume 975, Page 166, Official Public
Records of Burnet County, Texas,
THENCE, with the southeast and northeast line of said 10.00 acre
tract and over and across said 223.6123 acre tract of land, the
following two (2) courses and distances, numbered 1 and 2,
1) N69°01'35"E, a distance of 660.01 feet to a point at the
east corner of said 10.00 acre tract, and
2) N21°13'36"W, a distance of 660.00 feet to a point at the
northernmost corner of said 10.00 acre tract, being a northwest
line of said 223.6123 acre tract of land, same being in the
southeast line of FM 2657 (80' R.O.W.), for a west corner of the
herein described tract of land,
THENCE, with the southeast line of said FM 2657, the northwest line
of said 223.6123 acre tract and the northwest line of said 1526.98
acre tract of land, the following nine (9) courses and distances,
numbered 1 through 9,
1) N69°01'35"E, a distance of 680.27 feet to a point at the
beginning of a curve to the left,
2) Along said curve to the left, having a radius of 1185.92
feet, an arc length of 1092.68 feet, and a chord that bears
N42°38'30"E, a distance of 1054.44 feet to a point,
3) N16°14'45"E, a distance of 1349.29 feet to a point at the
beginning of a curve to the left,
4) Along said curve to the left, having a radius of 2904.79
feet, an arc length of 769.66 feet, and a chord that bears
N08°39'20"E, a distance of 767.41 feet to a point,
5) N01°04'37"E, a distance of 1877.79 feet to a point at the
beginning of a curve to the right,
6) Along said curve to the right, having a radius of 1105.92
feet, an arc length of 637.44 feet, and a chord that bears
N17°32'25"E, a distance of 628.65 feet to a point,
7) N42°28'01"E, a distance of 97.25 feet to a point at the
beginning of a curve to the right,
8) Along said curve to the right, having a radius of 1095.92
feet, an arc length of 162.19 feet, and a chord that bears
N43°19'43"E, a distance of 162.04 feet to a point, and
9) N47°34'39"E, a distance of 657.87 feet to a point at the
intersection of the southeast line of said FM 2657 and the south
line of County Road 219 (R.O.W. Varies), being at a north corner of
said 1526.98 acre tract of land, for a north corner of the herein
described tract of land,
THENCE, with the south line of said County Road 219, the north line
of said 1526.98 acre tract, and the north line of said 113.00 acre
tract, the following eight (8) courses and distances, numbered 1
through 8,
1) S54°06'13"E, a distance of 57.20 feet to a point,
2) S72°29'38"E, a distance of 88.74 feet to a point,
3) N69°30'23"E, a distance of 313.21 feet to a point,
4) N86°15'23"E, a distance of 719.11 feet to a point,
5) S54°47'06"E, a distance of 233.00 feet to a point,
6) S85°05'04"E, a distance of 2003.08 feet to a point,
7) N86°10'53"E, a distance of 53.79 feet to a point,
8) N68°21'35"E, a distance of 1753.54 feet to the POINT OF
BEGINNING and containing 1863.573 acres of land.
BEARING BASIS: 1526.98 Acres, Volume 856, Page 747, Official Public
Records of Burnet County, Texas.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8064, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8064.0307 to read as follows:
Sec. 8064.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4669 was passed by the House on May 3,
2019, by the following vote: Yeas 124, Nays 16, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4669 was passed by the Senate on May
21, 2019, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor