TX
Texas House Bill HB4684

Texas 2019 - 86th Regular

Texas House Bill HB4684 Compare Versions

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1-H.B. No. 4684
1+By: Oliverson (Senate Sponsor - Kolkhorst) H.B. No. 4684
2+ (In the Senate - Received from the House May 6, 2019;
3+ May 6, 2019, read first time and referred to Committee on
4+ Intergovernmental Relations; May 15, 2019, reported favorably by
5+ the following vote: Yeas 7, Nays 0; May 15, 2019, sent to printer.)
6+Click here to see the committee vote
27
38
9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to the creation of the Harris County Municipal Utility
612 District No. 570; granting a limited power of eminent domain;
713 providing authority to issue bonds; providing authority to impose
814 assessments, fees, and taxes.
915 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1016 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1117 Code, is amended by adding Chapter 7894 to read as follows:
1218 CHAPTER 7894. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 570
1319 SUBCHAPTER A. GENERAL PROVISIONS
1420 Sec. 7894.0101. DEFINITIONS. In this chapter:
1521 (1) "Board" means the district's board of directors.
1622 (2) "Commission" means the Texas Commission on
1723 Environmental Quality.
1824 (3) "Director" means a board member.
1925 (4) "District" means the Harris County Municipal
2026 Utility District No. 570.
2127 Sec. 7894.0102. NATURE OF DISTRICT. The district is a
2228 municipal utility district created under Section 59, Article XVI,
2329 Texas Constitution.
2430 Sec. 7894.0103. CONFIRMATION AND DIRECTOR ELECTION
2531 REQUIRED. The temporary directors shall hold an election to
2632 confirm the creation of the district and to elect five permanent
2733 directors as provided by Section 49.102, Water Code.
2834 Sec. 7894.0104. CONSENT OF MUNICIPALITY REQUIRED. The
2935 temporary directors may not hold an election under Section
3036 7894.0103 until each municipality in whose corporate limits or
3137 extraterritorial jurisdiction the district is located has
3238 consented by ordinance or resolution to the creation of the
3339 district and to the inclusion of land in the district.
3440 Sec. 7894.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3541 (a) The district is created to serve a public purpose and benefit.
3642 (b) The district is created to accomplish the purposes of:
3743 (1) a municipal utility district as provided by
3844 general law and Section 59, Article XVI, Texas Constitution; and
3945 (2) Section 52, Article III, Texas Constitution, that
4046 relate to the construction, acquisition, improvement, operation,
4147 or maintenance of macadamized, graveled, or paved roads, or
4248 improvements, including storm drainage, in aid of those roads.
4349 Sec. 7894.0106. INITIAL DISTRICT TERRITORY. (a) The
4450 district is initially composed of the territory described by
4551 Section 2 of the Act enacting this chapter.
4652 (b) The boundaries and field notes contained in Section 2 of
4753 the Act enacting this chapter form a closure. A mistake made in the
4854 field notes or in copying the field notes in the legislative process
4955 does not affect the district's:
5056 (1) organization, existence, or validity;
5157 (2) right to issue any type of bond for the purposes
5258 for which the district is created or to pay the principal of and
5359 interest on a bond;
5460 (3) right to impose a tax; or
5561 (4) legality or operation.
5662 SUBCHAPTER B. BOARD OF DIRECTORS
5763 Sec. 7894.0201. GOVERNING BODY; TERMS. (a) The district is
5864 governed by a board of five elected directors.
5965 (b) Except as provided by Section 7894.0202, directors
6066 serve staggered four-year terms.
6167 Sec. 7894.0202. TEMPORARY DIRECTORS. (a) The temporary
6268 board consists of:
6369 (1) Susan Miller;
6470 (2) Daniel Pereyra;
6571 (3) Andrew McLoughlin;
6672 (4) Jackson Gillette; and
6773 (5) Stephanie Burns.
6874 (b) Temporary directors serve until the earlier of:
6975 (1) the date permanent directors are elected under
7076 Section 7894.0103; or
7177 (2) the fourth anniversary of the effective date of
7278 the Act enacting this chapter.
7379 (c) If permanent directors have not been elected under
7480 Section 7894.0103 and the terms of the temporary directors have
7581 expired, successor temporary directors shall be appointed or
7682 reappointed as provided by Subsection (d) to serve terms that
7783 expire on the earlier of:
7884 (1) the date permanent directors are elected under
7985 Section 7894.0103; or
8086 (2) the fourth anniversary of the date of the
8187 appointment or reappointment.
8288 (d) If Subsection (c) applies, the owner or owners of a
8389 majority of the assessed value of the real property in the district
8490 may submit a petition to the commission requesting that the
8591 commission appoint as successor temporary directors the five
8692 persons named in the petition. The commission shall appoint as
8793 successor temporary directors the five persons named in the
8894 petition.
8995 SUBCHAPTER C. POWERS AND DUTIES
9096 Sec. 7894.0301. GENERAL POWERS AND DUTIES. The district
9197 has the powers and duties necessary to accomplish the purposes for
9298 which the district is created.
9399 Sec. 7894.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94100 DUTIES. The district has the powers and duties provided by the
95101 general law of this state, including Chapters 49 and 54, Water Code,
96102 applicable to municipal utility districts created under Section 59,
97103 Article XVI, Texas Constitution.
98104 Sec. 7894.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99105 52, Article III, Texas Constitution, the district may design,
100106 acquire, construct, finance, issue bonds for, improve, operate,
101107 maintain, and convey to this state, a county, or a municipality for
102108 operation and maintenance macadamized, graveled, or paved roads, or
103109 improvements, including storm drainage, in aid of those roads.
104110 Sec. 7894.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105111 road project must meet all applicable construction standards,
106112 zoning and subdivision requirements, and regulations of each
107113 municipality in whose corporate limits or extraterritorial
108114 jurisdiction the road project is located.
109115 (b) If a road project is not located in the corporate limits
110116 or extraterritorial jurisdiction of a municipality, the road
111117 project must meet all applicable construction standards,
112118 subdivision requirements, and regulations of each county in which
113119 the road project is located.
114120 (c) If the state will maintain and operate the road, the
115121 Texas Transportation Commission must approve the plans and
116122 specifications of the road project.
117123 Sec. 7894.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118124 ORDINANCE OR RESOLUTION. The district shall comply with all
119125 applicable requirements of any ordinance or resolution that is
120126 adopted under Section 54.016 or 54.0165, Water Code, and that
121127 consents to the creation of the district or to the inclusion of land
122128 in the district.
123129 Sec. 7894.0306. DIVISION OF DISTRICT. (a) The district may
124130 be divided into two or more new districts only if the district:
125131 (1) has no outstanding bonded debt; and
126132 (2) is not imposing ad valorem taxes.
127133 (b) This chapter applies to any new district created by the
128134 division of the district, and a new district has all the powers and
129135 duties of the district.
130136 (c) Any new district created by the division of the district
131137 may, at the time the new district is created, contain only:
132138 (1) land within the area described by Section 2 of the
133139 Act enacting this chapter; or
134140 (2) any land adjacent to the area described by Section
135141 2 of the Act enacting this chapter if that adjacent land is:
136142 (A) not within the extraterritorial jurisdiction
137143 of a city; or
138144 (B) within the extraterritorial jurisdiction of
139145 a city and that adjacent land has been approved for inclusion in the
140146 district under the consent ordinance or resolution adopted by a
141147 city under Section 7894.0104.
142148 (d) The board, on its own motion or on receipt of a petition
143149 signed by the owner or owners of a majority of the assessed value of
144150 the real property in the district, may adopt an order dividing the
145151 district.
146152 (e) The board may adopt an order dividing the district
147153 before or after the date the board holds an election under Section
148154 7894.0103 to confirm the district's creation.
149155 (f) An order dividing the district must:
150156 (1) name each new district;
151157 (2) include the metes and bounds description of the
152158 territory of each new district;
153159 (3) appoint temporary directors for each new district;
154160 and
155161 (4) provide for the division of assets and liabilities
156162 between or among the new districts.
157163 (g) On or before the 30th day after the date of adoption of
158164 an order dividing the district, the district shall file the order
159165 with the commission and record the order in the real property
160166 records of each county in which the district is located.
161167 (h) Any new district created by the division of the district
162168 shall hold a confirmation and directors' election as required by
163169 Section 7894.0103.
164170 (i) Municipal consent by a city is not required for the
165171 creation of any new district created under this section.
166172 (j) Any new district created by the division of the district
167173 must hold an election as required by this chapter to obtain voter
168174 approval before the district may impose a maintenance tax or issue
169175 bonds payable wholly or partly from ad valorem taxes.
170176 (k) If the voters of a new district do not confirm the
171177 creation of the new district, the assets, obligations, territory,
172178 and governance of the new district revert to that of the original
173179 district.
174180 Sec. 7894.0307. LIMITATION ON USE OF EMINENT DOMAIN. The
175181 district may not exercise the power of eminent domain outside the
176182 district boundaries to acquire a site or easement for:
177183 (1) a recreational facility, as defined by Section
178184 49.462, Water Code; or
179185 (2) a road project authorized by Section 7894.0303.
180186 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
181187 Sec. 7894.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
182188 The district may issue, without an election, bonds and other
183189 obligations secured by:
184190 (1) revenue other than ad valorem taxes; or
185191 (2) contract payments described by Section 7894.0403.
186192 (b) The district must hold an election in the manner
187193 provided by Chapters 49 and 54, Water Code, to obtain voter approval
188194 before the district may impose an ad valorem tax or issue bonds
189195 payable from ad valorem taxes.
190196 (c) The district may not issue bonds payable from ad valorem
191197 taxes to finance a road project unless the issuance is approved by a
192198 vote of a two-thirds majority of the district voters voting at an
193199 election held for that purpose.
194200 Sec. 7894.0402. OPERATION AND MAINTENANCE TAX. (a) If
195201 authorized at an election held under Section 7894.0401, the
196202 district may impose an operation and maintenance tax on taxable
197203 property in the district in accordance with Section 49.107, Water
198204 Code.
199205 (b) The board shall determine the tax rate. The rate may not
200206 exceed the rate approved at the election.
201207 Sec. 7894.0403. CONTRACT TAXES. (a) In accordance with
202208 Section 49.108, Water Code, the district may impose a tax other than
203209 an operation and maintenance tax and use the revenue derived from
204210 the tax to make payments under a contract after the provisions of
205211 the contract have been approved by a majority of the district voters
206212 voting at an election held for that purpose.
207213 (b) A contract approved by the district voters may contain a
208214 provision stating that the contract may be modified or amended by
209215 the board without further voter approval.
210216 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
211217 Sec. 7894.0501. AUTHORITY TO ISSUE BONDS AND OTHER
212218 OBLIGATIONS. The district may issue bonds or other obligations
213219 payable wholly or partly from ad valorem taxes, impact fees,
214220 revenue, contract payments, grants, or other district money, or any
215221 combination of those sources, to pay for any authorized district
216222 purpose.
217223 Sec. 7894.0502. TAXES FOR BONDS. At the time the district
218224 issues bonds payable wholly or partly from ad valorem taxes, the
219225 board shall provide for the annual imposition of a continuing
220226 direct ad valorem tax, without limit as to rate or amount, while all
221227 or part of the bonds are outstanding as required and in the manner
222228 provided by Sections 54.601 and 54.602, Water Code.
223229 Sec. 7894.0503. BONDS FOR ROAD PROJECTS. At the time of
224230 issuance, the total principal amount of bonds or other obligations
225231 issued or incurred to finance road projects and payable from ad
226232 valorem taxes may not exceed one-fourth of the assessed value of the
227233 real property in the district.
228234 SECTION 2. The Harris County Municipal Utility District No.
229235 570 initially includes all the territory contained in the following
230236 area:
231237 447.471 ACRES
232238 BEING A 447.471 ACRE TRACT OF LAND SITUATED IN THE JAMES O'BRIEN
233239 SURVEY A-615, AND BEING A PORTION OF A CALLED 828.184 ACRE TRACT AS
234240 DESCRIBED IN VOLUME 6327 PAGE 17 HARRIS COUNTY DEED RECORDS AND
235241 BEING ALL OF A CALLED 389.083 ACRE TRACT DESCRIBED IN HARRIS COUNTY
236242 CLERKS FILE NUMBER C-705448 AND BEING ALL OF A CALLED 50 ACRE AND 10
237243 ACRE TRACT AS DESCRIBED IN HARRIS COUNTY CLERKS FILE NUMBER H864435
238244 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
239245 BEGINNING AT A POINT FOR THE COMMON CORNER OF SAID JAMES O'BRIEN
240246 SURVEY A-615, T. RANDLE SURVEY A-672, THOMAS EARLY SURVEY A-256 AND
241247 W. JONES SURVEY A-490, SAME BEING THE NORTHWEST CORNER OF SAID
242248 828.184 ACRE TRACT, FROM WHICH AN INTERSECTION OF FENCES BEARS
243249 NORTH 71 DEGREES 19 MINUTES EAST, A DISTANCE OF 3.5 FEET;
244250 THENCE SOUTH 03 DEGREE 36 MINUTES 04 SECONDS EAST, ALONG THE COMMON
245251 LINE OF JAMES O'BRIEN SURVEY AND T. RANDLE SURVEY, A DISTANCE OF
246252 310.26 FEET TO A 1/2 INCH IRON ROD FOUND FOR ANGLE POINT;
247253 THENCE SOUTH 03 DEGREE 22 MINUTES 51 SECONDS EAST, CONTINUING ALONG
248254 THE COMMON LINE OF JAMES O'BRIEN SURVEY AND T. RANDLE SURVEY, A
249255 DISTANCE OF 1043.15 FEET TO A 5/8 INCH IRON ROD SET FOR THE
250256 NORTHWEST CORNER OF SAID 389.083 ACRE TRACT AND THE HEREIN
251257 DESCRIBED TRACT OF LAND;
252258 THENCE NORTH 87 DEGREE 44 MINUTES 20 SECONDS EAST, ALONG THE NORTH
253259 LINE OF SAID 389.083 ACRE TRACT A DISTANCE OF 4979.03 FEET TO A 5/8
254260 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID 389.083 ACRE
255261 TRACT AND THE HEREIN DESCRIBED TRACT OF LAND;
256262 THENCE SOUTH 02 DEGREE 58 MINUTES 23 SECONDS EAST, ALONG THE EAST
257263 LINE OF SAID 389.083 ACRE TRACT A DISTANCE OF 3935.98 FEET TO A 5/8
258264 INCH IRON ROD SET FOR THE SOUTHEAST CORNER OF SAID 389.083 ACRE
259265 TRACT AND THE HEREIN DESCRIBED TRACT OF LAND IN THE NORTH LINE OF
260266 MOUND ROAD;
261267 THENCE ALONG THE COMMON LINE OF SAID 389.083 ACRE TRACT AND MOUND
262268 ROAD THE FOLLOWING COURSES AND DISTANCES
263269 SOUTH 87 DEGREES 56 MINUTES 08 SECONDS WEST, 2185.80 FEET TO A 1/2
264270 INCH IRON ROD FOUND;
265271 SOUTH 87 DEGREES 47 MINUTES 05 SECONDS WEST, 530.76 FEET TO A 1/2
266272 INCH IRON ROD FOUND;
267273 SOUTH 87 DEGREES 56 MINUTES 17 SECONDS WEST, 1143.43 FEET TO A 1/2
268274 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID 389.083 ACRE
269275 TRACT;
270276 THENCE NORTH 03 DEGREE 07 MINUTES 26 SECONDS WEST, A DISTANCE OF
271277 9.45 FEET TO A 1/2 INCH IRON ROD SET FOR THE SOUTHEAST CORNER OF SAID
272278 50 ACRE TRACT;
273279 THENCE SOUTH 87 DEGREES 56 MINUTES 17 SECONDS WEST, ALONG THE SOUTH
274280 LINE OF SAID 50 ACRE TRACT, A DISTANCE OF 1368.79 FEET TO A 1/2 INCH
275281 IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID 50 ACRE TRACT AND
276282 BEING IN THE COMMON LINE OF SAID JAMES O'BRIEN SURVEY AND T. RANDLE
277283 SURVEY;
278284 THENCE ALONG THE COMMON LINE OF SAID JAMES O'BRIEN AND T. RANDLE
279285 SURVEYS, SAME BEING THE WEST LINE OF SAID 50 ACRE, 10 ACRE AND
280286 389.083 ACRE TRACTS THE FOLLOWING COURSES AND DISTANCES;
281287 NORTH 02 DEGREES 44 MINUTES 34 SECONDS WEST, 1024.08 FEET TO A 1/2
282288 INCH IRON ROD FOUND;
283289 NORTH 03 DEGREES 12 MINUTES 21 SECONDS WEST, 509.51 FEET TO A 1/2
284290 INCH IRON ROD FOUND;
285291 NORTH 03 DEGREES 19 MINUTES 08 SECONDS WEST, 340.60 FEET TO A 1 AND
286292 1/4 INCH IRON PIPE FOUND;
287293 NORTH 03 DEGREES 21 MINUTES 50 SECONDS WEST, 472.28 FEET TO A 1/2
288294 INCH IRON ROD FOUND;
289295 NORTH 01 DEGREES 33 MINUTES 42 SECONDS WEST, 1564.63 FEET TO THE
290296 POINT OF BEGINNING AND CONTAINING 447.471 ACRES OF LAND.
291297 100.00 ACRES
292298 BEING A 100.00 ACRE TRACT OF LAND OUT OF 389.313 ACRE TRACT OF LAND
293299 SITUATED IN THE EDWARD GREEN SURVEY A-307, AND BEING A PORTION OF A
294300 CALLED 439.101 ACRE TRACT TO EMANUEL DENNISON, RUBY DENNISON AND
295301 BOBBY GENE DENNISON AS RECORDED IN HARRIS COUNTY FILM CODE NUMBER
296302 C-705448 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
297303 COMMENCING AT A POINT FOR THE NORTHWEST CORNER OF SAID EDWARD GREEN
298304 SURVEY, SAME BEING THE NORTHWEST CORNER OF SAID 439.101 ACRE AND
299305 389.313 ACRE TRACT IN THE SOUTH RIGHT-OF-WAY LINE OF BETKA ROAD,
300306 FROM WHICH A FOUND RAILROAD RAIL BEARS NORTH 02 DEGREES 47 MINUTES
301307 EAST, A DISTANCE OF 1.1 FEET;
302308 THENCE ALONG THE COMMON LINE OF SAID 439.101 ACRE AND 389.313 ACRE
303309 TRACTS, SAME BEING THE SOUTH RIGHT-OF-WAY LINE OF BETKA ROAD, THE
304310 FOLLOWING COURSES AND DISTANCES;
305311 NORTH 88 DEGREES 08 MINUTES 03 SECONDS EAST, 1311.19 FEET TO A 1/2
306312 INCH IRON ROD FOUND;
307313 NORTH 88 DEGREES 20 MINUTES 22 SECONDS EAST, 598.55 FEET TO A 1/2
308314 INCH IRON ROD FOUND;
309315 NORTH 88 DEGREES 08 MINUTES 19 SECONDS EAST, 989.89 FEET TO A 1/2
310316 INCH IRON ROD FOUND;
311317 NORTH 87 DEGREES 57 MINUTES 47 SECONDS EAST, 318.55 FEET TO A 1/2
312318 INCH IRON PIPE FOUND FOR THE MOST NORTHERLY NORTHEAST CORNER OF SAID
313319 439.101 ACRE TRACT AND THE NORTHEAST CORNER OF SAID 389.313 ACRE
314320 TRACT;
315321 THENCE ALONG THE EAST LINE OF SAID 439.101 ACRE AND 389.313 ACRE
316322 TRACTS THE FOLLOWING COURSES AND DISTANCES;
317323 SOUTH 01 DEGREES 41 MINUTES 08 SECONDS EAST, 480.34 FEET TO A 5/8
318324 INCH IRON ROD FOUND;
319325 SOUTH 01 DEGREES 45 MINUTES 38 SECONDS EAST, 633.16 FEET TO A 1/2
320326 INCH IRON ROD FOUND;
321327 SOUTH 01 DEGREES 49 MINUTES 23 SECONDS EAST, 428.77 FEET TO A 1/2
322328 INCH IRON ROD FOUND;
323329 SOUTH 01 DEGREES 45 MINUTES 50 SECONDS EAST, 1055.50 FEET TO A 5/8
324330 INCH IRON ROD SET FOR THE NORTHEAST CORNER AND POINT OF BEGINNING OF
325331 THE HEREIN DESCRIBED TRACT;
326332 THENCE CONTINUING ALONG THE EAST LINE OF SAID 439.101 ACRE AND
327333 389.313 ACRE TRACTS AND THE HEREIN DESCRIBED 100.00 ACRE TRACT THE
328334 FOLLOWING COURSES AND DISTANCES;
329335 SOUTH 01 DEGREES 45 MINUTES 50 SECONDS EAST, A DISTANCE OF 193.71
330336 FEET TO A 1/2 INCH IRON ROD FOUND;
331337 SOUTH 01 DEGREES 57 MINUTES 34 SECONDS EAST, 794.32 FEET TO A 1/2
332338 INCH IRON ROD FOUND;
333339 SOUTH 01 DEGREES 38 MINUTES 13 SECONDS EAST, 375.35 FEET TO A 1/2
334340 INCH IRON ROD FOUND;
335341 SOUTH 02 DEGREES 11 MINUTES 29 SECONDS EAST, 264.05 FEET TO A 1/2
336342 INCH IRON ROD FOUND FOR AN INTERIOR ANGLE POINT OF SAID 439.101 ACRE
337343 TRACT, AND NORTHWEST CORNER OF A CALLED 39.365 ACRE TRACT AS
338344 RECORDED IN HARRIS COUNTY CLERK'S FILE NO. C705448;
339345 THENCE SOUTH 01 DEGREES 48 MINUTES 44 SECONDS EAST, WITH THE EAST
340346 LINE OF SAID 389.313 ACRE TRACT, SAME BEING ALONG THE WEST LINE OF
341347 SAID 39.365 ACRE TRACT, A DISTANCE OF 1046.77 FEET TO A SET 5/8 INCH
342348 IRON ROD FOR THE SOUTHEAST CORNER OF SAID 389.313 ACRE TRACT, BEING
343349 IN THE SOUTH LINE OF SAID 439.101 ACRE TRACT FOR THE SOUTHWEST
344350 CORNER OF SAID 39.365 ACRE TRACT AND THE HEREIN DESCRIBED TRACT AND
345351 BEING IN THE SOUTH LINE OF SAID EDWARD GREEN SURVEY;
346352 THENCE SOUTH 88 DEGREES 01 MINUTES 30 SECONDS WEST, ALONG THE SOUTH
347353 LINE OF SAID 439.101 ACRE AND 389.313 ACRE TRACTS AND EDWARD GREEN
348354 SURVEY A DISTANCE OF 1628.68 FEET TO A 5/8 INCH IRON ROD SET FOR THE
349355 SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
350356 THENCE NORTH 01 DEGREES 48 MINUTES 45 SECONDS WEST, A DISTANCE OF
351357 2677.93 FEET TO A 5/8 INCH IRON ROD SET FOR THE NORTHWEST CORNER OF
352358 THE HEREIN DESCRIBED 100.00 ACRE TRACT OF LAND;
353359 THENCE NORTH 88 DEGREES 09 MINUTES 24 SECONDS EAST, A DISTANCE OF
354360 1626.21 FEET TO THE POINT OF BEGINNING AND CONTAINING 100.00 ACRES
355361 OF LAND.
356362 97.00 ACRES
357363 BEING A 97.00 ACRE TRACT OUT OF A 389.313 ACRE TRACT OF LAND
358364 SITUATED IN THE EDWARD GREEN SURVEY A-307, AND BEING A PORTION OF A
359365 CALLED 439.101 ACRE TRACT TO EMANUEL DENNISON, RUBY DENNISON AND
360366 BOBBY GENE DENNISON AS RECORDED IN HARRIS COUNTY FILM CODE NUMBER
361367 C-705448 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
362368 COMMENCING AT A POINT FOR THE NORTHWEST CORNER OF SAID EDWARD GREEN
363369 SURVEY, SAME BEING THE NORTHWEST CORNER OF SAID 439.101 ACRE TRACT
364370 AND THE 389.313 ACRE TRACT, IN THE SOUTH RIGHT-OF-WAY LINE OF BETKA
365371 ROAD, FROM WHICH A FOUND RAILROAD RAIL BEARS NORTH 02 DEGREES 47
366372 MINUTES EAST, A DISTANCE OF 1.1 FEET;
367373 THENCE ALONG THE NORTH LINE OF SAID 439.101 ACRE AND 389.313 ACRE
368374 TRACTS, SAME BEING THE SOUTH RIGHT-OF-WAY LINE OF BETKA ROAD, THE
369375 FOLLOWING COURSES AND DISTANCES;
370376 NORTH 88 DEGREES 08 MINUTES 03 SECONDS EAST, 1311.19 FEET TO A 1/2
371377 INCH IRON ROD FOUND;
372378 NORTH 88 DEGREES 20 MINUTES 22 SECONDS EAST, 278.32 FEET TO A 5/8
373379 INCH IRON ROD SET FOR THE NORTHWEST CORNER AND POINT OF BEGINNING OF
374380 THE HEREIN DESCRIBED 97.00 ACRE TRACT OF LAND;
375381 THENCE CONTINUING ALONG THE NORTH LINE OF SAID 439.101 ACRE AND
376382 389.313 ACRE TRACTS, SAME BEING THE SOUTH RIGHT-OF-WAY LINE OF
377383 BETKA ROAD, SAME BEING THE NORTH LINE OF THE HEREIN DESCRIBED TRACT,
378384 THE FOLLOWING COURSES AND DISTANCES;
379385 THENCE NORTH 88 DEGREES 20 MINUTES 22 SECONDS EAST 320.23 FEET TO A
380386 1/2 INCH IRON ROD FOUND;
381387 NORTH 88 DEGREES 08 MINUTES 19 SECONDS EAST, 989.89 FEET TO A 1/2
382388 INCH IRON ROD FOUND;
383389 NORTH 87 DEGREES 57 MINUTES 47 SECONDS EAST, 318.55 FEET TO A 1/2
384390 INCH IRON PIPE FOUND FOR THE MOST NORTHERLY NORTHEAST CORNER OF SAID
385391 439.101 ACRE TRACT AND NORTHEAST CORNER OF SAID 389.313 ACRE TRACT
386392 AND THE HEREIN DESCRIBED 97.00 ACRE TRACT;
387393 THENCE ALONG THE EAST LINE OF SAID 439.101 ACRE AND 389.313 ACRE
388394 TRACTS, SAME BEING THE EAST LINE OF THE HEREIN DESCRIBED 97.00 ACRE
389395 TRACT THE FOLLOWING COURSES AND DISTANCES;
390396 SOUTH 01 DEGREES 41 MINUTES 08 SECONDS EAST, 480.34 FEET TO A 5/8
391397 INCH IRON ROD FOUND;
392398 SOUTH 01 DEGREES 45 MINUTES 38 SECONDS EAST, 633.16 FEET TO A 1/2
393399 INCH IRON ROD FOUND;
394400 SOUTH 01 DEGREES 49 MINUTES 23 SECONDS EAST, 428.77 FEET TO A 1/2
395401 INCH IRON ROD FOUND; SOUTH 01 DEGREES 45 MINUTES 50 SECONDS EAST,
396402 1055.50 FEET TO A 5/8 INCH IRON ROD SET IN THE EAST LINE OF THE SAID
397403 439.101 ACRE AND 389.313 ACRE TRACTS AND BEING THE SOUTHEAST CORNER
398404 OF THE HEREIN DESCRIBED 97.00 ACRE TRACT
399405 THENCE SOUTH 88 DEGREES 09 MINUTES 24 SECONDS WEST, A DISTANCE OF
400406 1626.21 FEET TO A 5/8 INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF
401407 THE HEREIN DESCRIBED 97.00 ACRE TRACT OF LAND;
402408 THENCE NORTH 01 DEGREES 48 MINUTES 45 SECONDS WEST, A DISTANCE OF
403409 2597.40 FEET TO THE POINT OF BEGINNING AND CONTAINING 97.00 ACRES OF
404410 LAND, MORE OR LESS.
405411 SECTION 3. (a) The legal notice of the intention to
406412 introduce this Act, setting forth the general substance of this
407413 Act, has been published as provided by law, and the notice and a
408414 copy of this Act have been furnished to all persons, agencies,
409415 officials, or entities to which they are required to be furnished
410416 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
411417 Government Code.
412418 (b) The governor, one of the required recipients, has
413419 submitted the notice and Act to the Texas Commission on
414420 Environmental Quality.
415421 (c) The Texas Commission on Environmental Quality has filed
416422 its recommendations relating to this Act with the governor, the
417423 lieutenant governor, and the speaker of the house of
418424 representatives within the required time.
419425 (d) All requirements of the constitution and laws of this
420426 state and the rules and procedures of the legislature with respect
421427 to the notice, introduction, and passage of this Act are fulfilled
422428 and accomplished.
423429 SECTION 4. (a) Section 7894.0307, Special District Local
424430 Laws Code, as added by Section 1 of this Act, takes effect only if
425431 this Act receives a two-thirds vote of all the members elected to
426432 each house.
427433 (b) If this Act does not receive a two-thirds vote of all the
428434 members elected to each house, Subchapter C, Chapter 7894, Special
429435 District Local Laws Code, as added by Section 1 of this Act, is
430436 amended by adding Section 7894.0307 to read as follows:
431437 Sec. 7894.0307. NO EMINENT DOMAIN POWER. The district may
432438 not exercise the power of eminent domain.
433439 (c) This section is not intended to be an expression of a
434440 legislative interpretation of the requirements of Section 17(c),
435441 Article I, Texas Constitution.
436442 SECTION 5. This Act takes effect immediately if it receives
437443 a vote of two-thirds of all the members elected to each house, as
438444 provided by Section 39, Article III, Texas Constitution. If this
439445 Act does not receive the vote necessary for immediate effect, this
440446 Act takes effect September 1, 2019.
441- ______________________________ ______________________________
442- President of the Senate Speaker of the House
443- I certify that H.B. No. 4684 was passed by the House on May 3,
444- 2019, by the following vote: Yeas 123, Nays 17, 2 present, not
445- voting.
446- ______________________________
447- Chief Clerk of the House
448- I certify that H.B. No. 4684 was passed by the Senate on May
449- 21, 2019, by the following vote: Yeas 30, Nays 1.
450- ______________________________
451- Secretary of the Senate
452- APPROVED: _____________________
453- Date
454- _____________________
455- Governor
447+ * * * * *