Texas 2019 - 86th Regular

Texas House Bill HB4669 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4669
	1	+	By: Wilson (Senate Sponsor - Buckingham) H.B. No. 4669
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 7, 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 Northeast Burnet County Water
6	12		District No. 1; 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 8064 to read as follows:
12	18		CHAPTER 8064. NORTHEAST BURNET COUNTY WATER DISTRICT NO. 1
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8064.0101. 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 Northeast Burnet County Water
20	26		District No. 1.
21	27		Sec. 8064.0102. 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. 8064.0103. CONFIRMATION AND DIRECTORS' 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. 8064.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8064.0103 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. 8064.0105. 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. 8064.0106. 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. 8064.0201. 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 8064.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8064.0202. TEMPORARY DIRECTORS. (a) On or after the
62	68		effective date of the Act enacting this chapter, the owner or owners
63	69		of a majority of the assessed value of the real property in the
64	70		district may submit a petition to the commission requesting that
65	71		the commission appoint as temporary directors the five persons
66	72		named in the petition. The commission shall appoint as temporary
67	73		directors the five persons named in the petition.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8064.0103; 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 8064.0103 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 8064.0103; 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. 8064.0301. 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. 8064.0302. 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. 8064.0303. 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. 8064.0304. 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. 8064.0305. DIVISION OF DISTRICT. (a) The district may
118	124		be divided into two or more new districts only if the district:
119	125		(1) has no outstanding bonded debt; and
120	126		(2) is not imposing ad valorem taxes.
121	127		(b) This chapter applies to any new district created by the
122	128		division of the district, and a new district has all the powers and
123	129		duties of the district.
124	130		(c) Any new district created by the division of the district
125	131		may not, at the time the new district is created, contain any land
126	132		outside the area described by Section 2 of the Act enacting this
127	133		chapter.
128	134		(d) The board, on its own motion or on receipt of a petition
129	135		signed by the owner or owners of a majority of the assessed value of
130	136		the real property in the district, may adopt an order dividing the
131	137		district.
132	138		(e) The board may adopt an order dividing the district
133	139		before or after the date the board holds an election under Section
134	140		8064.0103 to confirm the creation of the district.
135	141		(f) An order dividing the district shall:
136	142		(1) name each new district;
137	143		(2) include the metes and bounds description of the
138	144		territory of each new district;
139	145		(3) appoint temporary directors for each new district
140	146		or provide that the owner or owners of a majority of the assessed
141	147		value of the real property in each new district may submit a
142	148		petition to the commission requesting that the commission appoint
143	149		as temporary directors the five persons named in the petition; and
144	150		(4) provide for the division of assets and liabilities
145	151		between or among the new districts.
146	152		(g) On or before the 30th day after the date of adoption of
147	153		an order dividing the district, the district shall file the order
148	154		with the commission and record the order in the real property
149	155		records of each county in which the district is located.
150	156		(h) Any new district created by the division of the district
151	157		shall hold a confirmation and directors' election as required by
152	158		Section 8064.0103.
153	159		(i) Any new district created by the division of the district
154	160		must hold an election as required by this chapter to obtain voter
155	161		approval before the district may impose a maintenance tax or issue
156	162		bonds payable wholly or partly from ad valorem taxes.
157	163		Sec. 8064.0306. STRATEGIC PARTNERSHIP AGREEMENT. The
158	164		district may negotiate and enter into a written strategic
159	165		partnership agreement with a municipality under Section 43.0751,
160	166		Local Government Code.
161	167		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
162	168		Sec. 8064.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
163	169		The district may issue, without an election, bonds and other
164	170		obligations secured by:
165	171		(1) revenue other than ad valorem taxes; or
166	172		(2) contract payments described by Section 8064.0403.
167	173		(b) The district must hold an election in the manner
168	174		provided by Chapters 49 and 54, Water Code, to obtain voter approval
169	175		before the district may impose an ad valorem tax or issue bonds
170	176		payable from ad valorem taxes.
171	177		(c) The district may not issue bonds payable from ad valorem
172	178		taxes to finance a road project unless the issuance is approved by a
173	179		vote of a two-thirds majority of the district voters voting at an
174	180		election held for that purpose.
175	181		(d) The district may not issue bonds payable wholly or
176	182		partly from assessments.
177	183		Sec. 8064.0402. OPERATION AND MAINTENANCE TAX. (a) If
178	184		authorized at an election held under Section 8064.0401, the
179	185		district may impose an operation and maintenance tax on taxable
180	186		property in the district in accordance with Section 49.107, Water
181	187		Code.
182	188		(b) The board shall determine the tax rate. The rate may not
183	189		exceed the rate approved at the election.
184	190		Sec. 8064.0403. CONTRACT TAXES. (a) In accordance with
185	191		Section 49.108, Water Code, the district may impose a tax other than
186	192		an operation and maintenance tax and use the revenue derived from
187	193		the tax to make payments under a contract after the provisions of
188	194		the contract have been approved by a majority of the district voters
189	195		voting at an election held for that purpose.
190	196		(b) A contract approved by the district voters may contain a
191	197		provision stating that the contract may be modified or amended by
192	198		the board without further voter approval.
193	199		SUBCHAPTER E. ASSESSMENTS; APPLICABILITY OF IMPACT FEES AND
194	200		ASSESSMENTS
195	201		Sec. 8064.0501. PETITION REQUIRED FOR FINANCING
196	202		RECREATIONAL FACILITY OR IMPROVEMENT BY ASSESSMENT. (a) The
197	203		district may finance a recreational facility or improvement with
198	204		assessments on residential or commercial property or both
199	205		residential and commercial property under this subchapter, but only
200	206		if:
201	207		(1) a written petition requesting that facility or
202	208		improvement has been filed with the board; and
203	209		(2) the district holds a hearing on the proposed
204	210		assessments.
205	211		(b) The petition must be signed by the owners of a majority
206	212		of the assessed value of real property in the district subject to
207	213		assessment according to the most recent certified tax appraisal
208	214		roll for the county.
209	215		Sec. 8064.0502. METHOD OF NOTICE FOR HEARING. The district
210	216		shall mail notice of the hearing to each property owner in the
211	217		district who will be subject to the assessment at the current
212	218		address to be assessed as reflected on the tax rolls. The district
213	219		may mail the notice by certified or first class United States mail.
214	220		The board shall determine the method of notice.
215	221		Sec. 8064.0503. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
216	222		An assessment or a reassessment imposed under this subchapter by
217	223		the district, penalties and interest on an assessment or
218	224		reassessment, an expense of collection, and reasonable attorney's
219	225		fees incurred by the district:
220	226		(1) are a first and prior lien against the property
221	227		assessed;
222	228		(2) are superior to any other lien or claim other than
223	229		a lien or claim for county, school district, or municipal ad valorem
224	230		taxes; and
225	231		(3) are the personal liability of and a charge against
226	232		the owners of the property even if the owners are not named in the
227	233		assessment proceedings.
228	234		(b) The lien is effective from the date of the board's
229	235		resolution imposing the assessment until the date the assessment is
230	236		paid. The board may enforce the lien in the same manner that the
231	237		board may enforce an ad valorem tax lien against real property.
232	238		(c) The board may make a correction to or deletion from the
233	239		assessment roll that does not increase the amount of assessment of
234	240		any parcel of land without providing notice and holding a hearing in
235	241		the manner required for additional assessments.
236	242		Sec. 8064.0504. UTILITY PROPERTY EXEMPT FROM IMPACT FEES
237	243		AND ASSESSMENTS. The district may not impose an impact fee or
238	244		assessment on the property, including the equipment,
239	245		rights-of-way, facilities, or improvements, of:
240	246		(1) an electric utility or a power generation company
241	247		as defined by Section 31.002, Utilities Code;
242	248		(2) a gas utility as defined by Section 101.003 or
243	249		121.001, Utilities Code;
244	250		(3) a telecommunications provider as defined by
245	251		Section 51.002, Utilities Code; or
246	252		(4) a person who provides to the public cable
247	253		television or advanced telecommunications services.
248	254		SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
249	255		Sec. 8064.0601. AUTHORITY TO ISSUE BONDS AND OTHER
250	256		OBLIGATIONS. The district may issue bonds or other obligations
251	257		payable wholly or partly from ad valorem taxes, impact fees,
252	258		revenue, contract payments, grants, or other district money, or any
253	259		combination of those sources, to pay for any authorized district
254	260		purpose.
255	261		Sec. 8064.0602. TAXES FOR BONDS. At the time the district
256	262		issues bonds payable wholly or partly from ad valorem taxes, the
257	263		board shall provide for the annual imposition of a continuing
258	264		direct ad valorem tax, without limit as to rate or amount, while all
259	265		or part of the bonds are outstanding as required and in the manner
260	266		provided by Sections 54.601 and 54.602, Water Code.
261	267		Sec. 8064.0603. BONDS FOR ROAD PROJECTS. At the time of
262	268		issuance, the total principal amount of bonds or other obligations
263	269		issued or incurred to finance road projects and payable from ad
264	270		valorem taxes may not exceed one-fourth of the assessed value of the
265	271		real property in the district.
266	272		SUBCHAPTER G. DEFINED AREAS
267	273		Sec. 8064.0701. AUTHORITY TO ESTABLISH DEFINED AREAS OR
268	274		DESIGNATED PROPERTY. The district may define areas or designate
269	275		certain property of the district to pay for improvements,
270	276		facilities, or services that primarily benefit that area or
271	277		property and do not generally and directly benefit the district as a
272	278		whole.
273	279		Sec. 8064.0702. PROCEDURE FOR ELECTION. (a) Before the
274	280		district may impose an ad valorem tax or issue bonds payable from ad
275	281		valorem taxes of the defined area or designated property, the board
276	282		shall hold an election in the defined area or in the designated
277	283		property only.
278	284		(b) The board may submit the issues to the voters on the same
279	285		ballot to be used in another election.
280	286		Sec. 8064.0703. DECLARING RESULT AND ISSUING ORDER. (a) If
281	287		a majority of the voters voting at the election approve the
282	288		proposition or propositions, the board shall declare the results
283	289		and, by order, shall establish the defined area and describe it by
284	290		metes and bounds or designate the specific property.
285	291		(b) A court may not review the board's order except on the
286	292		ground of fraud, palpable error, or arbitrary and confiscatory
287	293		abuse of discretion.
288	294		Sec. 8064.0704. TAXES FOR SERVICES, IMPROVEMENTS, AND
289	295		FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
290	296		approval and adoption of the order described by Section 8064.0703,
291	297		the district may apply separately, differently, equitably, and
292	298		specifically its taxing power and lien authority to the defined
293	299		area or designated property to provide money to construct,
294	300		administer, maintain, and operate services, improvements, and
295	301		facilities that primarily benefit the defined area or designated
296	302		property.
297	303		Sec. 8064.0705. ISSUANCE OF BONDS FOR DEFINED AREA OR
298	304		DESIGNATED PROPERTY. After the order under Section 8064.0703 is
299	305		adopted, the district may issue bonds to provide for any land,
300	306		improvements, facilities, plants, equipment, and appliances for
301	307		the defined area or designated property.
302	308		SECTION 2. The Northeast Burnet County Water District No. 1
303	309		initially includes all the territory contained in the following
304	310		area:
305	311		FIELD NOTES
306	312		BEING ALL OF THAT CERTAIN 1863.573 ACRE TRACT OR PARCEL OF LAND OUT
307	313		OF AND A PART OF THE JAMES H. CRISWELL SURVEY, NO. 64, ABSTRACT NO.
308	314		187 1/2, M.M GRANT SURVEY NO. 529, ABSTRACT NO. 369, M.M. GRANT
309	315		SURVEY NO. 530, ABSTRACT NO. 370, J.H. EVANS SURVEY NO. 1239,
310	316		ABSTRACT NO. 1164, WILLIAM B. ANDERSON SURVEY NO. 65, ABSTRACT NO.
311	317		13, T.C.RY. CO. SURVEY NO. 53, ABSTRACT NO. 1357, JOHN B. BARKER
312	318		SURVEY NO. 1345, ABSTRACT NO. 1211, WILLIAM G. WILLIAMS SURVEY NO.
313	319		931, ABSTRACT NO. 1001, W.C. HEATH SURVEY NO. 1398, ABSTRACT NO.
314	320		1310, SARAH SMART SURVEY, NO. 841, ABSTRACT NO. 865, T.C.R.R. CO.
315	321		SURVEY NO. 91, ABSTRACT NO. 1588, DAVE STEWART SURVEY NO. 5,
316	322		ABSTRACT NO 806, AND THE S.W. MAYO SURVEY NO. 1156, ABSTRACT NO.
317	323		1184, ALL SITUATED IN BURNET COUNTY, TEXAS, SAID TRACT OF LAND BEING
318	324		MORE PARTICULARLY DESCRIBED AS BEING ALL OF A CALLED 233.6123 ACRE
319	325		TRACT OF LAND (EXHIBIT A), SAVE AND EXCEPT A CALLED 10.00 ACRE TRACT
320	326		OF LAND (EXHIBIT B) CONVEYED TO SWG BRIGGS I, LP. IN DOCUMENT NO.
321	327		201610419, OFFICIAL PUBLIC RECORDS OF BURNET COUNTY, TEXAS, ALL OF
322	328		A CALLED 1526.98 ACRE TRACT OF LAND CONVEYED TO SWG BRIGGS I, LP.,
323	329		IN VOLUME 856, PAGE 747, OFFICIAL PUBLIC RECORDS OF BURNET COUNTY,
324	330		TEXAS, AND ALL OF A CALLED 113.00 ACRE TRACT OF LAND CONVEYED TO SWG
325	331		BRIGGS I, LP., IN DOCUMENT NUMBER 201610423, OFFICIAL PUBLIC
326	332		RECORDS OF BURNET COUNTY, TEXAS, SAID 1863.573 ACRE TRACT OF LAND
327	333		BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
328	334		BEGINNING, at a at the northernmost corner of said 113.00 acre
329	335		tract, being at the westernmost corner of A CALLED 31.0236 acre
330	336		tract of land conveyed to Mike & Deanna Leschber in Document Number
331	337		201204123, Official Public Records of Burnet County, Texas, same
332	338		being in the southeast line of County Road 219 (R.O.W. Varies), for
333	339		the northeast corner and the POINT OF BEGINNING of the herein
334	340		described tract of land,
335	341		THENCE, with the northeast line of said 113.00 acres, the southwest
336	342		line of said 31.0236 acres, the southwest line of a called 25.16
337	343		acre tract of land conveyed to Danny & Darlene Bannister in Document
338	344		Number 201605105, Official Public Records of Burnet, County, Texas,
339	345		and the southwest line of a called 25.18 acre tract of land conveyed
340	346		to Barbara Cook Irrevocable Trust in Document Number 201604313,
341	347		Official Public Records of Burnet County, Texas, the following nine
342	348		(9) courses and distances, numbered 1 through 9,
343	349		1) S21°23'29"E, a distance of 526.92 feet to a point,
344	350		2) S28°33'31"E, a distance of 1017.15 feet to a point,
345	351		3) S08°26'18"W, a distance of 288.16 feet to a point,
346	352		4) N86°24'09"E, a distance of 312.43 feet to a point,
347	353		5) S32°25'56"E, a distance of 358.15 feet to a point,
348	354		6) S29°49'18"E, a distance of 163.65 feet to a point,
349	355		7) S36°39'03"E, a distance of 194.88 feet to a point,
350	356		8) S22°22'24"E, a distance of 94.36 feet to a point, and
351	357		9) S19°03'14"E, a distance of 218.48 feet to a point at the
352	358		most westerly, southwest corner of said 25.18 acre tract, being the
353	359		easternmost corner of said 113.00 acre tract, same being in a
354	360		northwest line of said 1526.98 acre tract of land,
355	361		THENCE, N67°56'31"E, with the southeast line of said 25.18 acre
356	362		tract, a distance of 815.54 feet to a point at an interior corner of
357	363		said 25.18 acre tract of land,
358	364		THENCE, S21°01'35"E, continuing with a northeast line of said
359	365		1526.98 acre tract, the southwest line of said 25.18 acre tract, the
360	366		southwest line of a called 25.10 acre tract of land conveyed to
361	367		Pamela Cannavan in Volume 1214, Page 561, Official Public Records
362	368		of Burnet County, Texas, the southwest line of a called 25.092 acre
363	369		tract of land conveyed to David & Melody Baker in Document Number
364	370		201100991, Official Public Records of Burnet County, Texas, and the
365	371		southwest line of a called 25.13 acre tract of land conveyed to K.D.
366	372		Rhodes Ranch, LLC. in Document Number 200702836, Official Public
367	373		Records of Burnet, County, Texas, a distance of 3532.45 feet to a
368	374		point at the southernmost corner of said 25.13 acre tract, being in
369	375		the northwest line of a called 31.44 acre tract of land conveyed to
370	376		Daniel & Diann Davis in Volume 1032, Page 314m, Official Public
371	377		Records of Burnet, County, Texas,
372	378		THENCE, S67°36'29"W, with the northwest line of said 31.44 acre and
373	379		a southeast line of said 1526.98 acre tract of land, a distance of
374	380		281.44 feet to a point at the westernmost corner of said 31.44 acre
375	381		tract,
376	382		THENCE, continuing with a northeast line of said 1526.98 acre
377	383		tract, the southwest line of said 31.44 acre tract, the southwest
378	384		line of a called 50.0 acre tract of land conveyed to Andres &
379	385		Jacqueline Gonzales in Volume 632, Page 553, Official Public
380	386		Records of Burnet County, Texas, and a southwest line of a called
381	387		79.88 acre tract of land (Tract Three) conveyed to Kevin & Faith
382	388		McAndrew in Document Number 20906099, Official Public Records of
383	389		Burnet County, Texas, the following four (4) courses and distances,
384	390		numbered 1 through 4,
385	391		1) S21°06'12"E, a distance of 924.69 feet to a point,
386	392		2) S25°03'14"E, a distance of 415.81 feet to a point,
387	393		3) S20°46'52"E, a distance of 563.14 feet to a point, and
388	394		4) S21°06'08"E, a distance of 745.00 feet to a point at an
389	395		interior corner of said 79.88 acre tract, being at the easternmost
390	396		corner of said 1526.98 acre tract, for the easternmost corner of the
391	397		herein described tract of land,
392	398		THENCE, S68°34'51"W, with a southeast line of said 1526.98 acre
393	399		tract, a northwest line of said 79.88 acre tract, and the northwest
394	400		line of Lots 18 & 19, Spring Creek Estates, a subdivision recorded
395	401		in Volume 2, Page 29A, Plat Records of Burnet county, Texas, a
396	402		distance of 2652.74 feet to a point at the westernmost corner of
397	403		said Lot 18, being at a south corner of said 1526.98 acre tract,
398	404		same being in the northeast line of a called 107.9 acre tract of
399	405		land conveyed to Charles & Nancy Stovall in Document Number
400	406		201803478, Official Public Records of Burnet County, Texas,
401	407		THENCE, N21°32'12"W, with a southwest line of said 1526.98 acre
402	408		tract and the northeast line of said 107.9 acre tract of land, a
403	409		distance of 1043.80 feet to a point at the north corner of said
404	410		107.9 acre tract of land,
405	411		THENCE, with a southeast line of said 1526.98 acre tract, the
406	412		southeast line of said 223.6123 acre tract, the northwest line of
407	413		said 107.9 acre tract, the northwest line of a called 317.74 acre
408	414		tract of land, (Tract 1) conveyed to Jadenyx, LP. in Volume 1196,
409	415		Page 271, Official Public Records of Burnet County, Texas, and the
410	416		northwest line of a called 232.06 acre tract of land (Tract 3)
411	417		conveyed to Jadenyx, LP. in Volume 1196, Page 271, Official Public
412	418		Records of Burnet County, Texas, the following two (2) courses and
413	419		distances, numbered 1 and 2,
414	420		1) S68°29'04"W, a distance of 1840.13 feet to a point, and
415	421		2) S68°51'14"W, a distance of 5049.97 feet to a point at the
416	422		west corner of said 232.06 acre tract, being at the southernmost
417	423		corner of said 223.6123 acre tract, same being in the northeast line
418	424		of a called 469.21 acre tract of land conveyed to Billie Stiles in
419	425		Volume 1458, Page 914, Official Public Records of Burnet County,
420	426		Texas, for the southwest corner of the herein described tract of
421	427		land,
422	428		THENCE, with the common line of said 469.21 acre tract of land and
423	429		said 223.6123 acre tract of land, the following two (2) courses and
424	430		distances, numbered 1 and 2,
425	431		1) N21°32'07"W, a distance of 2024.80 feet to a point at the
426	432		northernmost corner of said 469.21 acre tract of land, and
427	433		2) S69°04'28"W, a distance of 1682.57 feet to a point in the
428	434		northwest line of said 469.21 acre tract, being at a southwest
429	435		corner of said 223.6123 acre tract, same being at the easternmost
430	436		corner of a called 160.45 acre tract of land conveyed to Floyd &
431	437		Tammy Cantwell in Document Number 200910400, Official Public
432	438		Records of Burnet County, Texas, for a southwest corner of the
433	439		herein described tract of land,
434	440		THENCE, N21°13'36"W, with a southwest line of said 223.6123 acre
435	441		tract, the northeast line of said 160.45 acre tract and the
436	442		northeast line of a called 14.0 acre tract of land conveyed to SWG
437	443		Briggs I, LP. in Document Number 201610417, Official Public Records
438	444		of Burnet County, Texas, a distance of 1973.11 feet to a point in
439	445		the southwest line of said 223.6123 acre tract, being in the
440	446		northeast line of said 14.0 acre tract, same being at the
441	447		southernmost corner of a called 10.00 acre tract of land conveyed to
442	448		Wayne & Leigh Anne Eaton in Volume 975, Page 166, Official Public
443	449		Records of Burnet County, Texas,
444	450		THENCE, with the southeast and northeast line of said 10.00 acre
445	451		tract and over and across said 223.6123 acre tract of land, the
446	452		following two (2) courses and distances, numbered 1 and 2,
447	453		1) N69°01'35"E, a distance of 660.01 feet to a point at the
448	454		east corner of said 10.00 acre tract, and
449	455		2) N21°13'36"W, a distance of 660.00 feet to a point at the
450	456		northernmost corner of said 10.00 acre tract, being a northwest
451	457		line of said 223.6123 acre tract of land, same being in the
452	458		southeast line of FM 2657 (80' R.O.W.), for a west corner of the
453	459		herein described tract of land,
454	460		THENCE, with the southeast line of said FM 2657, the northwest line
455	461		of said 223.6123 acre tract and the northwest line of said 1526.98
456	462		acre tract of land, the following nine (9) courses and distances,
457	463		numbered 1 through 9,
458	464		1) N69°01'35"E, a distance of 680.27 feet to a point at the
459	465		beginning of a curve to the left,
460	466		2) Along said curve to the left, having a radius of 1185.92
461	467		feet, an arc length of 1092.68 feet, and a chord that bears
462	468		N42°38'30"E, a distance of 1054.44 feet to a point,
463	469		3) N16°14'45"E, a distance of 1349.29 feet to a point at the
464	470		beginning of a curve to the left,
465	471		4) Along said curve to the left, having a radius of 2904.79
466	472		feet, an arc length of 769.66 feet, and a chord that bears
467	473		N08°39'20"E, a distance of 767.41 feet to a point,
468	474		5) N01°04'37"E, a distance of 1877.79 feet to a point at the
469	475		beginning of a curve to the right,
470	476		6) Along said curve to the right, having a radius of 1105.92
471	477		feet, an arc length of 637.44 feet, and a chord that bears
472	478		N17°32'25"E, a distance of 628.65 feet to a point,
473	479		7) N42°28'01"E, a distance of 97.25 feet to a point at the
474	480		beginning of a curve to the right,
475	481		8) Along said curve to the right, having a radius of 1095.92
476	482		feet, an arc length of 162.19 feet, and a chord that bears
477	483		N43°19'43"E, a distance of 162.04 feet to a point, and
478	484		9) N47°34'39"E, a distance of 657.87 feet to a point at the
479	485		intersection of the southeast line of said FM 2657 and the south
480	486		line of County Road 219 (R.O.W. Varies), being at a north corner of
481	487		said 1526.98 acre tract of land, for a north corner of the herein
482	488		described tract of land,
483	489		THENCE, with the south line of said County Road 219, the north line
484	490		of said 1526.98 acre tract, and the north line of said 113.00 acre
485	491		tract, the following eight (8) courses and distances, numbered 1
486	492		through 8,
487	493		1) S54°06'13"E, a distance of 57.20 feet to a point,
488	494		2) S72°29'38"E, a distance of 88.74 feet to a point,
489	495		3) N69°30'23"E, a distance of 313.21 feet to a point,
490	496		4) N86°15'23"E, a distance of 719.11 feet to a point,
491	497		5) S54°47'06"E, a distance of 233.00 feet to a point,
492	498		6) S85°05'04"E, a distance of 2003.08 feet to a point,
493	499		7) N86°10'53"E, a distance of 53.79 feet to a point,
494	500		8) N68°21'35"E, a distance of 1753.54 feet to the POINT OF
495	501		BEGINNING and containing 1863.573 acres of land.
496	502		BEARING BASIS: 1526.98 Acres, Volume 856, Page 747, Official Public
497	503		Records of Burnet County, Texas.
498	504		SECTION 3. (a) The legal notice of the intention to
499	505		introduce this Act, setting forth the general substance of this
500	506		Act, has been published as provided by law, and the notice and a
501	507		copy of this Act have been furnished to all persons, agencies,
502	508		officials, or entities to which they are required to be furnished
503	509		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
504	510		Government Code.
505	511		(b) The governor, one of the required recipients, has
506	512		submitted the notice and Act to the Texas Commission on
507	513		Environmental Quality.
508	514		(c) The Texas Commission on Environmental Quality has filed
509	515		its recommendations relating to this Act with the governor, the
510	516		lieutenant governor, and the speaker of the house of
511	517		representatives within the required time.
512	518		(d) All requirements of the constitution and laws of this
513	519		state and the rules and procedures of the legislature with respect
514	520		to the notice, introduction, and passage of this Act are fulfilled
515	521		and accomplished.
516	522		SECTION 4. (a) If this Act does not receive a two-thirds
517	523		vote of all the members elected to each house, Subchapter C, Chapter
518	524		8064, Special District Local Laws Code, as added by Section 1 of
519	525		this Act, is amended by adding Section 8064.0307 to read as follows:
520	526		Sec. 8064.0307. NO EMINENT DOMAIN POWER. The district may
521	527		not exercise the power of eminent domain.
522	528		(b) This section is not intended to be an expression of a
523	529		legislative interpretation of the requirements of Section 17(c),
524	530		Article I, Texas Constitution.
525	531		SECTION 5. This Act takes effect immediately if it receives
526	532		a vote of two-thirds of all the members elected to each house, as
527	533		provided by Section 39, Article III, Texas Constitution. If this
528	534		Act does not receive the vote necessary for immediate effect, this
529	535		Act takes effect September 1, 2019.
530		-	______________________________ ______________________________
531		-	President of the Senate Speaker of the House
532		-	I certify that H.B. No. 4669 was passed by the House on May 3,
533		-	2019, by the following vote: Yeas 124, Nays 16, 2 present, not
534		-	voting.
535		-	______________________________
536		-	Chief Clerk of the House
537		-	I certify that H.B. No. 4669 was passed by the Senate on May
538		-	21, 2019, by the following vote: Yeas 30, Nays 1.
539		-	______________________________
540		-	Secretary of the Senate
541		-	APPROVED: _____________________
542		-	Date
543		-	_____________________
544		-	Governor
	536	+	* * * * *