Texas 2019 - 86th Regular

Texas House Bill HB4689 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4689
	1	+	By: Talarico (Senate Sponsor - Schwertner) H.B. No. 4689
	2	+	(In the Senate - Received from the House May 13, 2019;
	3	+	May 14, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 17, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 17, 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 Round Rock Municipal Utility
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 8094 to read as follows:
12	18		CHAPTER 8094. ROUND ROCK MUNICIPAL UTILITY DISTRICT NO. 1
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8094.0101. 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 Round Rock Municipal Utility
20	26		District No. 1.
21	27		Sec. 8094.0102. 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. 8094.0103. 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. 8094.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8094.0103 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. 8094.0105. 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. 8094.0106. 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. 8094.0201. 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 8094.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8094.0202. TEMPORARY DIRECTORS. (a) The temporary
62	68		board consists of:
63	69		(1) Mitch Schwartz;
64	70		(2) Tim Agee;
65	71		(3) Dwain Halm;
66	72		(4) Moses Kim; and
67	73		(5) Steve Tucker.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8094.0103; 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 8094.0103 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 8094.0103; 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. 8094.0301. 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. 8094.0302. 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. 8094.0303. 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. 8094.0304. 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. 8094.0305. 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. 8094.0401. 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 8094.0403.
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. 8094.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	144		authorized at an election held under Section 8094.0401, 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. 8094.0403. 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. 8094.0501. 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. 8094.0502. 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. 8094.0503. 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 Round Rock Municipal Utility District No. 1
172	178		initially includes all the territory contained in the following
173	179		area:
174	180		TRACT A-1
175	181		BEING ALL OF THAT CERTAIN 64.513 ACRE TRACT OF LAND OUT OF AND
176	182		PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED IN
177	183		WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARY DESCRIBED AS BEING
178	184		ALL OF TRACT A: TRACT I, THAT CERTAIN 64.508 ACRE TRACT OF LAND
179	185		CONVEYED TO CREEK BEND LAND HOLDINGS, LLC RECORDED IN DOCUMENT
180	186		NUMBER 2009047398, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
181	187		TEXAS (O.P.R.W.C.TX.), SAID 64.513 ACRE TRACT OF LAND, BEING MORE
182	188		FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
183	189		COMMENCING, at a 1/2" iron rod found for the northwestern
184	190		corner of that certain remainder of 196.96 acre tract of land
185	191		conveyed to Stephen Pritchard Trust and Nancy K.P. Ohlendorf Family
186	192		Trust in Volume 1980, Page 972, Deed Records, Williamson County,
187	193		Texas (D.R.W.C.TX.), also being the southwestern corner of that
188	194		certain remainder of 104.6 acre tract of land conveyed to Michael
189	195		and Nancy Ohlendorf recorded in Document Number 2011085212
190	196		(O.P.R.W.C.TX.), and also being in the eastern right-of-way line of
191	197		County Road 110 (R.O.W. varies),
192	198		THENCE, with the common boundary line of said remainder of
193	199		196.96 acre tract and said County Road, S21°29'00"E, a distance of
194	200		210.29 feet to a point for the northwestern corner and the POINT OF
195	201		BEGINNING of the herein described tract,
196	202		THENCE, with the common boundary line of said 64.504 acre
197	203		tract and said remainder of 196.96 acre tract, the following seven
198	204		(7) courses and distances, numbered 1 through 7,
199	205		1. N68°00'19"E, passing at a distance of 0.30 feet, a
200	206		1/2" iron rod found, continuing for a total of 696.23 feet to a
201	207		point,
202	208		2. N09°35'20"W, a distance of 95.12 feet to a 1/2" iron
203	209		rod found,
204	210		3. N81°24'19"E, a distance of 329.97 feet to a 1/2"
205	211		iron rod found,
206	212		4. S02°42'11"E, a distance of 17.58 feet to a 1/2" iron
207	213		rod found,
208	214		5. N68°02'31"E, a distance of 1429.27 feet to a 1/2"
209	215		iron rod found for the northeastern corner of said 64.504 acre
210	216		tract,
211	217		6. S22°04'24"E, a distance of 1099.73 feet to a 1/2"
212	218		iron rod found at a fence corner, and
213	219		7. S66°33'19"W, a distance of 2773.39 feet to a point
214	220		for the southwestern corner of said 64.508 acre tract, also being in
215	221		the eastern right-of-way line of said County, Road 110,
216	222		THENCE, with the common boundary line of said 64.508 acre
217	223		tract and said County Road 110, the following two (2) courses and
218	224		distances, Numbered 1 and 2,
219	225		1. N21°30'28"W, a distance of 953.75 feet to a 1/2"
220	226		iron rod found,
221	227		2. N21°29'00"W, a distance of 209.69 feet to the POINT
222	228		OF BEGINNING and containing 64.513 acres of land.
223	229		TRACT A-2
224	230		BEING ALL OF THAT CERTAIN 55.176 ACRE TRACT OF LAND OUT OF AND
225	231		PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED IN
226	232		WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARY DESCRIBED AS BEING
227	233		A PORTION OF TRACT A: TRACT II, THAT CERTAIN REMAINDER OF 55.34 ACRE
228	234		TRACT OF LAND CONVEYED TO LONE MOUNTAIN PROPERTIES, LLC RECORDED IN
229	235		DOCUMENT NUMBER 2009005145, OFFICIAL PUBLIC RECORDS OF WILLIAMSON
230	236		COUNTY, TEXAS (O.P.R.W.C.TX.), SAID 55.176 ACRE TRACT OF LAND,
231	237		BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
232	238		TRACT 1:
233	239		BEGINNING, at a 1/2" iron rod found for the most northerly
234	240		northwestern corner of said remainder of 55.34 acre tract, also
235	241		being the northeastern corner of that certain remainder of 34.70
236	242		acre tract of land (Tract 1) conveyed to Henry Development, LTD,
237	243		recorded in Document Number 2004089842 (O.P.R.W.C.TX.), and also
238	244		being at a point of curvature for a curve to the left in the southern
239	245		right-of-way line of University Boulevard (200' R.O.W.), and the
240	246		POINT OF BEGINNING for the herein described tract,
241	247		THENCE, with the common boundary line of said remainder of
242	248		55.35 acre tract and said University Boulevard, the following two
243	249		(2) courses and distances, numbered 1 and 2,
244	250		1. With said curve to the left, having a radius of
245	251		8563.00 feet, an arc length of 450.41 FEET, and whose chord bears
246	252		N70°08'55"E, a distance of 450.36 feet to a capped iron rod found
247	253		stamped "J S COALTER", and
248	254		2. N68°38'27"E, a distance of 1514.12 feet to a 5/8"
249	255		iron rod found, being the northeastern corner of said remainder of
250	256		55.34 acre tract, also being the northwestern corner of that
251	257		certain remainder of 60 acre tract of land conveyed to Audell Payne
252	258		in Volume 456, Page 486, Deed Records, Williamson County, Texas,
253	259		THENCE, with the common boundary line of said remainder of
254	260		55.34 acre tract and said remainder of 60 acre tract, the following
255	261		two (2) courses and distances, Numbered 1 and 2,
256	262		1. S21°47'47"E, a distance of 903.92 feet to a 3/8"
257	263		iron rod found, and
258	264		2. N63°45'30"E, a distance of 87.68 feet to a 3/8" iron
259	265		rod found, being an exterior corner in the eastern boundary line of
260	266		said remainder of 55.34, also being the northwest corner of that
261	267		certain 75 acre tract of land conveyed to Veterans Land Board
262	268		recorded in Volume 781, Page 247, Deed Records Williamson County,
263	269		Texas,
264	270		THENCE, with the common boundary line of said remainder of
265	271		55.34 acre tract and said 75 acre tract, S21°35'40"E, a distance of
266	272		268.79 feet to a 1/2" iron rod found, being the southeastern corner
267	273		of said remainder of 55.34 acre tract, also being the northeastern
268	274		corner of that certain remainder of 104.6 acre tract conveyed to
269	275		Michael and Nancy Ohlendorf recorded in Document Number 2011085212
270	276		(O.P.R.W.C.TX.),
271	277		THENCE, with the common boundary line of said remainder of
272	278		55.34 acre tract and said remainder of 104.6 acre tract,
273	279		S68°34'49"W, a distance of 2056.46 feet to a point, being the
274	280		southwestern corner of said remainder of 55.34 acre tract, also
275	281		being the southeastern corner of that certain 0.07 acre tract of
276	282		land (Tract II) conveyed to Henry Development, LTD. recorded in
277	283		Document Number 2017045283 (O.P.R.W.C.TX.),
278	284		THENCE, with said common boundary line of said remainder of
279	285		55.34 acre tract, said 0.07 acre (Tract II), that certain 0.18 acre
280	286		tract of land (Tract I) conveyed to Henry Development record in said
281	287		Document Number 2017045283, that certain 0.14 acre tract of land
282	288		conveyed to Henry Development, LTD. in Document Number 2017074516
283	289		(O.P.R.W.C.TX.), and said remainder of 34.70 acre tract (Tract 1),
284	290		the following four (4) courses and distances, numbered 1 through 4,
285	291		1. N21°27'32"W, a distance of 104.85 feet to a 1/2"
286	292		iron rod found,
287	293		2. N19°57'22"W, a distance of 30.33 feet to a 1/2" iron
288	294		rod found,
289	295		3. N22°42'01"W, a distance of 29.77 feet to a 1/2" iron
290	296		rod found, and
291	297		4. N21°32'01"W, a distance of 1014.31 feet to the POINT
292	298		OF BEGINNING and containing 53.237 acres of land.
293	299		TRACT 2:
294	300		BEGINNING, at a 1/2" iron rod found for the most westerly
295	301		northwestern corner of said remainder of 55.34 acre tract acre
296	302		tract, being in the eastern right-of-way line of County Road 110
297	303		(R.O.W. varies), and also being the southwestern corner of that
298	304		certain 2.07 acre tract of land conveyed (Tract 2) to Henry
299	305		Development, LTD. recorded in Document Number 2004089842
300	306		(O.P.R.W.C.TX.), and being the northwestern corner and the POINT OF
301	307		BEGINNING for the herein described tract,
302	308		THENCE, with the common boundary line of said remainder of
303	309		55.34 acre tract and said 2.07 acre tract, N68°32'30"E, passing at
304	310		2766.90 feet a capped iron rod found for the southwest corner of
305	311		that certain 0.14 acre tract of land conveyed to Henry Development
306	312		LTD. recorded in Document Number 2017074513 (O.P.R.W.C.TX.) and
307	313		continuing for a total distance of 2796.42 feet to a capped iron rod
308	314		found, being the southwest corner of that certain 0.18 acre tract of
309	315		land (Tract I) conveyed to Henry Development, LTD. and the
310	316		northwest corner of that certain 0.07 acre tract of land (Tract II)
311	317		both conveyed to Henry Development LTD. recorded in Document Number
312	318		2017045283 (O.P.R.W.C.TX.), and being a southeast corner of said
313	319		0.14 acre tract,.
314	320		THENCE, with the common boundary line of said remainder of
315	321		55.34 acre tract and said 0.07 acre tract, S21°20'56"E, a distance
316	322		of 30.40 feet to a point, being the southwestern corner of said 0.07
317	323		acre tract, also being in the northern boundary line of that certain
318	324		remainder of 104.6 acre tract conveyed to Michael and Nancy
319	325		Ohlendorf in Document Number 2011085212 (O.P.R.W.C.TX.),
320	326		THENCE, with the common boundary line of said remainder of
321	327		55.34 acre tract and said remainder of 104.6 acre tract,
322	328		S68°33'00"W, a distance of 2796.45 feet to a 1/2" iron rod found,
323	329		being the southwestern corner of said remainder of 55.34 acre
324	330		tract, also being the northwestern corner of said remainder of
325	331		104.6 acre tract, and also being in the eastern right-of-way line of
326	332		said County, Road 110,
327	333		THENCE, with the common boundary line of said remainder of
328	334		55.34 acre tract and said County, Road 110, N21°16'34"W, a distance
329	335		of 30.00 feet to the POINT OF BEGINNING and containing 1.939 acres
330	336		of land.
331	337		TRACT 1 - 53.237 ACRES
332	338		TRACT 2 - 1.939 ACRES
333	339		A-2 TOTAL - 55.176 ACRES
334	340		TRACT B-II
335	341		BEING ALL OF THAT CERTAIN 104.256 ACRE TRACT OF LAND OUT OF
336	342		AND PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED
337	343		IN WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARY DESCRIBED AS
338	344		BEING A PORTION OF TRACT B: TRACT II, THAT CERTAIN REMAINDER OF
339	345		104.6 ACRE TRACT OF LAND CONVEYED TO MICHAEL AND NANCY OHLENDORF
340	346		RECORDED IN DOCUMENT NUMBER 2011085212, OFFICIAL PUBLIC RECORDS OF
341	347		WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.TX.), SAID 104.256 ACRE TRACT
342	348		OF LAND, BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
343	349		BEGINNING, at a 1/2" iron rod found for the northwestern
344	350		corner of said remainder of 104.6 acre tract,, also being the
345	351		southwestern corner of that certain remainder of 55.34 acre tract
346	352		of land conveyed to Lone Mountain Properties, LLC, and also being in
347	353		the eastern right-of-way line, and also being the northwestern
348	354		corner and the POINT OF BEGINNING for the herein described tract,
349	355		THENCE, with the common boundary line of said remainder of
350	356		104.6 acre tract, said remainder of 55.34 acre tract, that certain
351	357		0.07 acre tract (Tract II) of land conveyed to Henry Development,
352	358		LTD. in Document Number 2017045283 (O.P.R.W.C.TX.), N68°34'04"E,
353	359		and that certain remainder of 55.34 acres of land conveyed to Lone
354	360		Mountain Properties, LLC. in Document Number 2009005145
355	361		(O.P.R.W.C.TX.), a distance of 4957.79 feet to a 1/2" iron rod
356	362		found, being the northeastern corner of said remainder of 104.6
357	363		acre tract, also being the southeastern corner of said remainder of
358	364		55.34 acre tract and also being in the western boundary line of that
359	365		certain 75.00 acre tract of land conveyed to Veterans Land Board in
360	366		Volume 781, Page 247, Deed Records, Williamson County, Texas,
361	367		THENCE, with the common boundary line of said 104.6 acre
362	368		tract and said 75.00 acre tract, S21°26'17"E, a distance of 913.49
363	369		feet to a 1/2" iron rod found, being the southeastern corner of the
364	370		herein described tract, also being the northeastern corner of that
365	371		certain remainder of 196.96 acre tract of land conveyed to Stephen
366	372		Pritchard Trust and Nancy K.P. Ohlendorf Family Trust in Volume
367	373		1980, Page 972 Deed Records, Williamson County, Texas,
368	374		THENCE, with the common boundary line of said remainder of
369	375		104.6 acre tract and said remainder of 196.96 acre tract,
370	376		S68°30'29"W, a distance of 4957.11 feet to a 1/2" iron rod found,
371	377		being the southwestern corner of said remainder of 104.6 acre
372	378		tract, also being the northwestern corner of said remainder of
373	379		196.96 acre tract, and also being in the eastern right-of-way line
374	380		of said County Road 110,
375	381		THENCE, with the common boundary line of said remainder of
376	382		104.6 acre tract and said County Road 110, the following two (2)
377	383		courses and distances, numbered 1 and 2,
378	384		1. N21°29'00"W, a distance of 909.64 feet to a 1/2"
379	385		iron rod found, and
380	386		2. N21°16'34"W, a distance of 9.02 feet to the POINT OF
381	387		BEGINNING and containing 104.256 acres of land.
382	388		TRACT B-III
383	389		BEING ALL OF THAT CERTAIN 132.423 ACRE TRACT OF LAND OUT OF
384	390		AND PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED
385	391		IN WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARY DESCRIBED AS
386	392		BEING ALL OF TRACT B: TRACT III, THAT CERTAIN REMAINDER OF 196.96
387	393		ACRE TRACT OF LAND CONVEYED TO STEPHEN PRITCHARD TRUST AND NANCY
388	394		K.P. OHLENDORF FAMILY TRUST RECORDED IN VOLUME 1980, PAGE 972, DEED
389	395		RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.TX.), SAID 132.423
390	396		ACRE TRACT OF LAND, BEING MORE FULLY DESCRIBED BY METES AND BOUNDS
391	397		AS FOLLOWS:
392	398		BEGINNING, at a 1/2" iron rod found for the northwestern
393	399		corner of said remainder of 196.96 acre tract, also being the
394	400		southwestern corner of that certain remainder of 104.6 acre tract
395	401		of land conveyed to Michael and Nancy Ohlendorf recorded in
396	402		Document Number 2011085212 (O.P.R.W.C.TX.), and also being in the
397	403		eastern right-of-way line of County Road 110 (R.O.W. varies), and
398	404		the POINT OF BEGINNING for the herein described tract,
399	405		THENCE, with the common boundary line of said remainder of
400	406		196.96 acre tract and said remainder of 104.6 acre tract,
401	407		N68°30'29"E, a distance of 4957.11 feet to a 1/2" iron rod found,
402	408		being the northeastern corner of said 196.96 acre tract, also being
403	409		the southeastern corner of said remainder of 104.6 acre tract, and
404	410		also being in the eastern boundary line of that certain 75.00 acre
405	411		tract of land conveyed to the Veterans Land Board in Volume 781,
406	412		Page 247, Deed Records, Williamson County, Texas,
407	413		THENCE, with the common boundary line of said remainder of
408	414		196.96 acre tract and said 75.00 acre tract, S21°30'03"E, a distance
409	415		of 1332.40 feet to a point, being the southeastern corner of said
410	416		remainder of 196.96 acre tract, also being the northeastern corner
411	417		of that certain 72.099 acre tract of land conveyed to Eleanor,
412	418		Jacob, and Dorothea Olson in Volume 595, Page 131, Deed Records,
413	419		Williamson County, Texas, and also being the southeastern corner of
414	420		the herein described tract,
415	421		THENCE, with the common boundary line of said remainder of
416	422		196.96 acre tract and said 72.099 acre tract, S68°30'08"W, a
417	423		distance of 1252.61 feet to a 1/2" iron rod found, being an angle
418	424		point in the southern boundary line of said remainder of 196.96 acre
419	425		tract, also being the northwest corner of said 72.099 acre tract,
420	426		and also being the northeast corner of that certain 22.31 acre tract
421	427		of land conveyed to SEDC Devco Inc. recorded in Document Number
422	428		2015089805 (O.P.R.W.C.TX.),
423	429		THENCE, with the common boundary line of said remainder of
424	430		196.96 acre tract and said 22.31 acre tract, the following two (2)
425	431		courses and distances, numbered 1 and 2,
426	432		1. S12°52'51"W, a distance of 17.02 feet to a 1/2" iron
427	433		rod found, and
428	434		2. S68°23'05"W, a distance of 1224.09 feet to a capped
429	435		iron rod found, being the northwest corner of said 22.31 acre tract,
430	436		also being an interior corner on the south line of said remainder of
431	437		196.96 acre tract,
432	438		THENCE, with the common boundary corner of said remainder of
433	439		196.96 acre tract and said 22.31 acre tract, S21°37'15"E, a distance
434	440		of 776.54 feet to a 1/2" iron rod found, being a southeast corner of
435	441		said remainder of 196.96 acre tract, also being the southwest
436	442		corner of said 22.31 acre tract, and also being the northeast corner
437	443		of the remainder of that certain 34.74 acre tract of land conveyed
438	444		to SEDC Devco Inc. recorded in Document Number 2015089800
439	445		(O.P.R.W.C.TX.), and also being the northeastern corner of that
440	446		certain 100 acre tract conveyed to Fred Liardon in Volume 131, Page
441	447		131, (D.R.W.C.TX.),
442	448		THENCE, with a south line of said remainder of 196.96 acre
443	449		tract and the north line of said 100 acre tract, S68°37'33"W, a
444	450		distance of 2472.34 feet to a 1/2" iron rod found, being the
445	451		southwest corner of said remainder of 196.96 acre tract, also being
446	452		the northwest corner of said remainder of 34.74 acre tract, also
447	453		being in the northern boundary line of said 100 acre tract, and also
448	454		being in the east right-of-way line of said County Road 110, from
449	455		which a 1/2" iron rod found for the southwest corner of said
450	456		remainder of 34.74 acre tract bears S21°20'42"E, a distance of
451	457		616.07 feet,
452	458		THENCE, with the common boundary line of said remainder of
453	459		196.96 acre tract and said County Road 110, N21°30'28"W, a distance
454	460		of 746.93 feet to a point, being the southwestern corner of that
455	461		certain 64.508 acre tract of land conveyed to Creek Bend Holdings,
456	462		LLC. in Document Number 2009047398 (O.P.R.W.C.TX.),
457	463		THENCE, with the common boundary line of said remainder of
458	464		196.96 acre tract and said 64.508 acre tract, the following seven
459	465		(7) courses and distances, numbered 1 through 7,
460	466		1. N66°33'19"E, a distance of 2473.39 feet to a 1/2"
461	467		iron rod found,
462	468		2. N22°04'24"W, a distance of 1099.73 feet to a 1/2"
463	469		iron rod found,
464	470		3. S68°02'31"W, a distance of 1429.27 feet to a 1/2"
465	471		iron rod found,
466	472		4. N02°42'11"W, a distance of 17.58 feet to a 1/2" iron
467	473		rod found,
468	474		5. S81°24'19"W, a distance of 329.97 feet to a 1/2"
469	475		iron rod found,
470	476		6. S09°35'20"E, a distance of 95.12 feet to a point,
471	477		and
472	478		7. S68°00'19"W, passing at 695.93 feet a 1/2" iron rod
473	479		found and continuing for a total distance of 696.23 feet to a point,
474	480		being the northwestern corner of said 64.528 acre tract, also being
475	481		an exterior corner in the western boundary line of said remainder of
476	482		196.96 acre tract, and also being in the eastern right-of-way line
477	483		of said County, Road 110,
478	484		THENCE, with the common boundary line of said remainder of
479	485		196.96 acre tract and said County Road 110, N21°29'00"W, a distance
480	486		of 210.29 feet to the POINT OF BEGINNING and containing 132.423
481	487		acres of land.
482	488		SECTION 3. (a) The legal notice of the intention to
483	489		introduce this Act, setting forth the general substance of this
484	490		Act, has been published as provided by law, and the notice and a
485	491		copy of this Act have been furnished to all persons, agencies,
486	492		officials, or entities to which they are required to be furnished
487	493		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
488	494		Government Code.
489	495		(b) The governor, one of the required recipients, has
490	496		submitted the notice and Act to the Texas Commission on
491	497		Environmental Quality.
492	498		(c) The Texas Commission on Environmental Quality has filed
493	499		its recommendations relating to this Act with the governor, the
494	500		lieutenant governor, and the speaker of the house of
495	501		representatives within the required time.
496	502		(d) All requirements of the constitution and laws of this
497	503		state and the rules and procedures of the legislature with respect
498	504		to the notice, introduction, and passage of this Act are fulfilled
499	505		and accomplished.
500	506		SECTION 4. (a) If this Act does not receive a two-thirds
501	507		vote of all the members elected to each house, Subchapter C, Chapter
502	508		8094, Special District Local Laws Code, as added by Section 1 of
503	509		this Act, is amended by adding Section 8094.0306 to read as follows:
504	510		Sec. 8094.0306. NO EMINENT DOMAIN POWER. The district may
505	511		not exercise the power of eminent domain.
506	512		(b) This section is not intended to be an expression of a
507	513		legislative interpretation of the requirements of Section 17(c),
508	514		Article I, Texas Constitution.
509	515		SECTION 5. This Act takes effect immediately if it receives
510	516		a vote of two-thirds of all the members elected to each house, as
511	517		provided by Section 39, Article III, Texas Constitution. If this
512	518		Act does not receive the vote necessary for immediate effect, this
513	519		Act takes effect September 1, 2019.
514		-	______________________________ ______________________________
515		-	President of the Senate Speaker of the House
516		-	I certify that H.B. No. 4689 was passed by the House on May
517		-	10, 2019, by the following vote: Yeas 121, Nays 20, 2 present, not
518		-	voting.
519		-	______________________________
520		-	Chief Clerk of the House
521		-	I certify that H.B. No. 4689 was passed by the Senate on May
522		-	22, 2019, by the following vote: Yeas 30, Nays 1.
523		-	______________________________
524		-	Secretary of the Senate
525		-	APPROVED: _____________________
526		-	Date
527		-	_____________________
528		-	Governor
	520	+	* * * * *