Texas 2019 - 86th Regular

Texas House Bill HB4734 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4734
	1	+	By: Oliverson (Senate Sponsor - Bettencourt) H.B. No. 4734
	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
	10	+	AN ACT
4	11		relating to the creation of the Green Tree Park Municipal Utility
5	12		District; granting a limited power of eminent domain; providing
6	13		authority to issue bonds; providing authority to impose
7	14		assessments, fees, and taxes.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	17		Code, is amended by adding Chapter 7889 to read as follows:
11	18		CHAPTER 7889. GREEN TREE PARK MUNICIPAL UTILITY DISTRICT
12	19		SUBCHAPTER A. GENERAL PROVISIONS
13	20		Sec. 7889.0101. DEFINITIONS. In this chapter:
14	21		(1) "Board" means the district's board of directors.
15	22		(2) "Commission" means the Texas Commission on
16	23		Environmental Quality.
17	24		(3) "Director" means a board member.
18	25		(4) "District" means the Green Tree Park Municipal
19	26		Utility District.
20	27		Sec. 7889.0102. NATURE OF DISTRICT. The district is a
21	28		municipal utility district created under Section 59, Article XVI,
22	29		Texas Constitution.
23	30		Sec. 7889.0103. CONFIRMATION AND DIRECTORS' ELECTION
24	31		REQUIRED. The temporary directors shall hold an election to
25	32		confirm the creation of the district and to elect five permanent
26	33		directors as provided by Section 49.102, Water Code.
27	34		Sec. 7889.0104. CONSENT OF MUNICIPALITY REQUIRED. The
28	35		temporary directors may not hold an election under Section
29	36		7889.0103 until each municipality in whose corporate limits or
30	37		extraterritorial jurisdiction the district is located has
31	38		consented by ordinance or resolution to the creation of the
32	39		district and to the inclusion of land in the district.
33	40		Sec. 7889.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
34	41		(a) The district is created to serve a public purpose and benefit.
35	42		(b) The district is created to accomplish the purposes of:
36	43		(1) a municipal utility district as provided by
37	44		general law and Section 59, Article XVI, Texas Constitution; and
38	45		(2) Section 52, Article III, Texas Constitution, that
39	46		relate to the construction, acquisition, improvement, operation,
40	47		or maintenance of macadamized, graveled, or paved roads, or
41	48		improvements, including storm drainage, in aid of those roads.
42	49		Sec. 7889.0106. INITIAL DISTRICT TERRITORY. (a) The
43	50		district is initially composed of the territory described by
44	51		Section 2 of the Act enacting this chapter.
45	52		(b) The boundaries and field notes contained in Section 2 of
46	53		the Act enacting this chapter form a closure. A mistake made in the
47	54		field notes or in copying the field notes in the legislative process
48	55		does not affect the district's:
49	56		(1) organization, existence, or validity;
50	57		(2) right to issue any type of bond for the purposes
51	58		for which the district is created or to pay the principal of and
52	59		interest on a bond;
53	60		(3) right to impose a tax; or
54	61		(4) legality or operation.
55	62		SUBCHAPTER B. BOARD OF DIRECTORS
56	63		Sec. 7889.0201. GOVERNING BODY; TERMS. (a) The district is
57	64		governed by a board of five elected directors.
58	65		(b) Except as provided by Section 7889.0202, directors
59	66		serve staggered four-year terms.
60	67		Sec. 7889.0202. TEMPORARY DIRECTORS. (a) On or after the
61	68		effective date of the Act enacting this chapter, the owner or owners
62	69		of a majority of the assessed value of the real property in the
63	70		district may submit a petition to the commission requesting that
64	71		the commission appoint as temporary directors the five persons
65	72		named in the petition. The commission shall appoint as temporary
66	73		directors the five persons named in the petition.
67	74		(b) Temporary directors serve until the earlier of:
68	75		(1) the date permanent directors are elected under
69	76		Section 7889.0103; or
70	77		(2) the fourth anniversary of the effective date of
71	78		the Act enacting this chapter.
72	79		(c) If permanent directors have not been elected under
73	80		Section 7889.0103 and the terms of the temporary directors have
74	81		expired, successor temporary directors shall be appointed or
75	82		reappointed as provided by Subsection (d) to serve terms that
76	83		expire on the earlier of:
77	84		(1) the date permanent directors are elected under
78	85		Section 7889.0103; or
79	86		(2) the fourth anniversary of the date of the
80	87		appointment or reappointment.
81	88		(d) If Subsection (c) applies, the owner or owners of a
82	89		majority of the assessed value of the real property in the district
83	90		may submit a petition to the commission requesting that the
84	91		commission appoint as successor temporary directors the five
85	92		persons named in the petition. The commission shall appoint as
86	93		successor temporary directors the five persons named in the
87	94		petition.
88	95		SUBCHAPTER C. POWERS AND DUTIES
89	96		Sec. 7889.0301. GENERAL POWERS AND DUTIES. The district
90	97		has the powers and duties necessary to accomplish the purposes for
91	98		which the district is created.
92	99		Sec. 7889.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
93	100		DUTIES. The district has the powers and duties provided by the
94	101		general law of this state, including Chapters 49 and 54, Water Code,
95	102		applicable to municipal utility districts created under Section 59,
96	103		Article XVI, Texas Constitution.
97	104		Sec. 7889.0303. AUTHORITY FOR ROAD PROJECTS. (a) Under
98	105		Section 52, Article III, Texas Constitution, the district may
99	106		design, acquire, construct, finance, issue bonds for, improve, and
100	107		convey to this state, a county, or a municipality for operation and
101	108		maintenance macadamized, graveled, or paved roads described by
102	109		Section 54.234, Water Code, or improvements, including storm
103	110		drainage, in aid of those roads.
104	111		(b) The district may exercise the powers provided by this
105	112		section without submitting a petition to or obtaining approval from
106	113		the commission as required by Section 54.234, Water Code.
107	114		Sec. 7889.0304. APPROVAL OF ROAD PROJECT. (a) The district
108	115		may not undertake a road project authorized by Section 7889.0303
109	116		unless:
110	117		(1) each municipality or county that will operate and
111	118		maintain the road has approved the plans and specifications of the
112	119		road project, if a municipality or county will operate and maintain
113	120		the road; or
114	121		(2) the Texas Transportation Commission has approved
115	122		the plans and specifications of the road project, if the state will
116	123		operate and maintain the road.
117	124		(b) Except as provided by Subsection (a), the district is
118	125		not required to obtain approval from the Texas Transportation
119	126		Commission to design, acquire, construct, finance, issue bonds for,
120	127		improve, or convey a road project.
121	128		Sec. 7889.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122	129		ORDINANCE OR RESOLUTION. The district shall comply with all
123	130		applicable requirements of any ordinance or resolution that is
124	131		adopted under Section 54.016 or 54.0165, Water Code, and that
125	132		consents to the creation of the district or to the inclusion of land
126	133		in the district.
127	134		Sec. 7889.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
128	135		district may not exercise the power of eminent domain outside the
129	136		district to acquire a site or easement for:
130	137		(1) a road project authorized by Section 7889.0303; or
131	138		(2) a recreational facility as defined by Section
132	139		49.462, Water Code.
133	140		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
134	141		Sec. 7889.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
135	142		The district may issue, without an election, bonds and other
136	143		obligations secured by:
137	144		(1) revenue other than ad valorem taxes; or
138	145		(2) contract payments described by Section 7889.0403.
139	146		(b) The district must hold an election in the manner
140	147		provided by Chapters 49 and 54, Water Code, to obtain voter approval
141	148		before the district may impose an ad valorem tax or issue bonds
142	149		payable from ad valorem taxes.
143	150		(c) The district may not issue bonds payable from ad valorem
144	151		taxes to finance a road project unless the issuance is approved by a
145	152		vote of a two-thirds majority of the district voters voting at an
146	153		election held for that purpose.
147	154		Sec. 7889.0402. OPERATION AND MAINTENANCE TAX. (a) If
148	155		authorized at an election held under Section 7889.0401, the
149	156		district may impose an operation and maintenance tax on taxable
150	157		property in the district in accordance with Section 49.107, Water
151	158		Code.
152	159		(b) The board shall determine the tax rate. The rate may not
153	160		exceed the rate approved at the election.
154	161		Sec. 7889.0403. CONTRACT TAXES. (a) In accordance with
155	162		Section 49.108, Water Code, the district may impose a tax other than
156	163		an operation and maintenance tax and use the revenue derived from
157	164		the tax to make payments under a contract after the provisions of
158	165		the contract have been approved by a majority of the district voters
159	166		voting at an election held for that purpose.
160	167		(b) A contract approved by the district voters may contain a
161	168		provision stating that the contract may be modified or amended by
162	169		the board without further voter approval.
163	170		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
164	171		Sec. 7889.0501. AUTHORITY TO ISSUE BONDS AND OTHER
165	172		OBLIGATIONS. The district may issue bonds or other obligations
166	173		payable wholly or partly from ad valorem taxes, impact fees,
167	174		revenue, contract payments, grants, or other district money, or any
168	175		combination of those sources, to pay for any authorized district
169	176		purpose.
170	177		Sec. 7889.0502. TAXES FOR BONDS. At the time the district
171	178		issues bonds payable wholly or partly from ad valorem taxes, the
172	179		board shall provide for the annual imposition of a continuing
173	180		direct ad valorem tax, without limit as to rate or amount, while all
174	181		or part of the bonds are outstanding as required and in the manner
175	182		provided by Sections 54.601 and 54.602, Water Code.
176	183		Sec. 7889.0503. BONDS FOR ROAD PROJECTS. At the time of
177	184		issuance, the total principal amount of bonds or other obligations
178	185		issued or incurred to finance road projects and payable from ad
179	186		valorem taxes may not exceed one-fourth of the assessed value of the
180	187		real property in the district.
181	188		SECTION 2. The Green Tree Park Municipal Utility District
182	189		initially includes all the territory contained in the following
183	190		area:
184	191		TRACT 1: That certain tract of land situated in Harris
185	192		County, Texas, out of the SOLOMON BROWN LEAGUE, A-5, and A-7, Harris
186	193		County, as described in deed from F.E. Ingram et ux, to C.T.
187	194		Hackney, dated October 6, 1860, and from Oscar Hillegeist to Wm.
188	195		Hillegeist, recorded in the Deed of Harris County, Texas, in Volume
189	196		460, Page 461, and said tract being more particularly described as
190	197		follows, to wit:
191	198		From the Southwest corner of said Solomon Brown League, A-7,
192	199		Harris County, Texas, GO East a distance of 2850 feet and North,
193	200		crossing Waller-Tomball Road, a distance of 3403 feet to a 1 1/2
194	201		inch iron pipe found for the southwest corner of the tract herein
195	202		described and the POINT OF BEGINNING;
196	203		THENCE, on a bearing of NORTH 00 DEGREES 49 MINUTES 55 SECONDS
197	204		EAST, a distance of 7199.94 feet (called North 2450 varas or 6805.56
198	205		feet) to an old axle found for the Northwest corner of the tract
199	206		herein described, and from which a 1-1/2 G.I.P. was found bearing
200	207		East a distance of 3.06 feet;
201	208		THENCE, on a bearing of SOUTH 89 DEGREES 49 MINUTES 30 SECONDS
202	209		EAST, a distance of 630.40 feet (called East 220 varas or 611.11
203	210		feet) to a 1-1/2-inch iron rod found for the Northeast corner of the
204	211		tract herein described;
205	212		THENCE, on a bearing of SOUTH 00 DEGREES 22 MINUTES 00 SECONDS
206	213		WEST, a distance of 7200.44 feet (called South 2450 varas or 6805.56
207	214		feet) to a 3/4-inch iron rod found for the Southeast corner of the
208	215		tract herein described and from which a 1/4-inch copper rod was
209	216		found bearing North a distance of 2.5 feet;
210	217		THENCE, on a bearing of SOUTH 89 DEGREES 44 MINUTES 50 SECONDS
211	218		WEST, a distance of 688.85 feet (called West 220 varas or 611.11
212	219		feet) to the POINT OF BEGINNING;
213	220		SAVE AND EXCEPT all of the property located in Montgomery
214	221		County, Texas but including all of the property located in Harris
215	222		County, Texas; and
216	223		BEING a 60 foot wide road easement in the Solomon Brown
217	224		Survey, Abstract 7, Harris County, Texas. being out of 34.5406
218	225		acres recorded in Volume 8298, Page 420, Deed Records, Harris
219	226		County, Texas, said 60 foot wide road easement being more
220	227		particularly described as follows:
221	228		COMMENCING at a 5/8-inch iron rod marking the Intersection of
222	229		the North right-of-way line of FM Road Number 2920 (80 feet wide)
223	230		and the West right-of-way line of Three Pines Drive (60 feet wide),
224	231		said beginning point also being the Southwest corner of that
225	232		certain road described in deed recorded In Volume 6890, Page 620,
226	233		Deed Records, Harris County, Texas;
227	234		THENCE NORTH 00 DEGREES 35 MINUTES 00 SECONDS WEST, 2038.43
228	235		feet, with the West line of Three Pines Drive, to a point in the
229	236		center line of a 20 foot wide Southern Union Production Company pipe
230	237		line easement, recorded in Volume 1109, Page 302, Deed Records,
231	238		Harris County, Texas;
232	239		THENCE NORTH 80 DEGREES 07 MINUTES 42 SECONDS EAST, 238.00
233	240		feet with said pipe line easement centerline to a point for the most
234	241		Northerly Southeast corner of said 34.5406 acres;
235	242		THENCE NORTH 00 DEGREES 39 MINUTES 20 SECONDS WEST, 792.63
236	243		feet, with the East line of said 34.5406 acres to an angle point in
237	244		same;
238	245		THENCE due, NORTH, 582.84 feet, continuing in the East line
239	246		of said 34.5406 acres to a point for corner and PLACE OF BEGINNING;
240	247		THENCE due, WEST, 228.09 feet in the South line of said road
241	248		easement to a point for corner in the East right-of-way line of
242	249		Three Pines Drive;
243	250		THENCE NORTH 00 DEGREES 35 MINUTES 00 SECONDS WEST, 60.00
244	251		feet, with said Three Pines Drive right-of-way to a point for corner
245	252		THENCE due, EAST, 228.71 feet with the North line of said road
246	253		easement to a point for corner;
247	254		THENCE due, SOUTH, 60.00 feet with the East line of said
248	255		50.7971 acres to the PLACE OF BEGINNING.
249	256		TRACT 2: That certain tract of land situated in Harris
250	257		County, Texas, out of the SOLOMON BROWN LEAGUE, A-5, and A-7, Harris
251	258		County, as described in deed from F.E. Ingram et ux, to C.T.
252	259		Hackney, dated October 6, 1860, and from Oscar Hillegeist to Wm.
253	260		Hillegeist, recorded in the Deed of Harris County, Texas, in Volume
254	261		460, Page 461, and said tract being more particularly described as
255	262		follows, to wit:
256	263		From the Southwest corner of said Solomon Brown League, A-7,
257	264		Harris County, Texas, GO East a distance of 2850 feet and North,
258	265		crossing Waller-Tomball Road, a distance of 3403 feet to a
259	266		1-1/2-inch iron pipe found for the Southwest corner of the tract
260	267		herein described and the POINT OF BEGINNING;
261	268		THENCE, on a bearing of NORTH 00 DEGREES 49 MINUTES 55 SECONDS
262	269		EAST, a distance of 7199.94 feet (called North 2450 varas or 6805.56
263	270		feet) to an old axle found for the Northwest corner of the tract
264	271		herein described, and from which a 1-1/2 G.I.P. was found bearing
265	272		East a distance of 3.06 feet;
266	273		THENCE, on a bearing of SOUTH 89 DEGREES 49 MINUTES 30 SECONDS
267	274		EAST, a distance of 630.40 feet (called East 220 varas or 611.11
268	275		feet) to a 1-1/2-inch iron rod found for the Northeast corner of the
269	276		tract herein described;
270	277		THENCE, on a bearing of SOUTH 00 DEGREES 22 MINUTES 00 SECONDS
271	278		WEST, a distance of 7200.44 feet (called South 2450 varas or 6805.56
272	279		feet) to a 3/4 inch iron rod found for the Southeast corner of the
273	280		tract herein described and from which a 1/4-inch copper rod was
274	281		found bearing North a distance of 2.5 feet;
275	282		THENCE, on a bearing of SOUTH 89 DEGREES 44 MINUTES 50 SECONDS
276	283		WEST, a distance of 688.85 feet (called West 220 varas or 611.11
277	284		feet) to the POINT OF BEGINNING;
278	285		SAVE AND EXCEPT all of the property located in Montgomery
279	286		County, Texas but including all of the property located in Harris
280	287		County, Texas; and
281	288		BEING a 60 foot wide road easement in the Solomon Brown
282	289		Survey, Abstract 7, Harris County, Texas, being out of 34.5406
283	290		acres recorded in Volume 8298, Page 420, Deed Records, Harris
284	291		County, Texas said 60 foot wide road easement being more
285	292		particularly described as follows:
286	293		COMMENCING at a 5/8-inch iron rod marking the Intersection of
287	294		the North right-of-way line of FM Road Number 2920 (80 feet wide)
288	295		and the West right-of-way line of Three Pines Drive (60 feet wide),
289	296		said beginning point also being the Southwest corner of that
290	297		certain road described in deed recorded in Volume 6890, Page 620,
291	298		Deed Records, Harris County, Texas;
292	299		THENCE NORTH 00 DEGREES 35 MINUTES 00 SECONDS WEST, 2038.43
293	300		feet, with the West line of Three Pines Drive, to a point in the
294	301		center line of a 20 foot wide Southern Union Production Company pipe
295	302		line easement, recorded in Volume 1109, Page 302, Deed Records,
296	303		Harris County, Texas;
297	304		THENCE NORTH 80 DEGREES 07 MINUTES 42 SECONDS EAST, 238.00
298	305		feet with said pipe line easement centerline to a point for the most
299	306		Northerly Southeast corner of said 34.5406 acres;
300	307		THENCE NORTH 00 DEGREES 39 MINUTES 20 SECONDS WEST, 792.63
301	308		feet, with the East line of said 34.5406 acres to an angle point in
302	309		same;
303	310		THENCE due, NORTH, 582.84 feet, continuing in the East line
304	311		of said 34.5406 acres to a point for corner and PLACE OF BEGINNING;
305	312		THENCE due, WEST, 228.09 feet in the South line of said road
306	313		easement to a point for corner in the East right-of-way line of
307	314		Three Pines Drive;
308	315		THENCE NORTH 00 DEGREES 35 MINUTES 00 SECONDS WEST, 60.00
309	316		feet, with said Three Pines Drive right-of-way to a point for
310	317		corner;
311	318		THENCE due, EAST, 228.71 feet with the North line of said road
312	319		easement to a point for corner;
313	320		THENCE due, SOUTH, 60.00 feet with the East line of said
314	321		50.7971 acres to the PLACE OF BEGINNING.
315	322		TRACT 3: Being a tract or parcel of land containing 9.997
316	323		acres, more or less, located in the Solomon Brown League, A-7,
317	324		Harris County, Texas, and being a portion of that certain call
318	325		12.3160 acre tract conveyed to Kevin R. Kerr as recorded in File
319	326		No. S-897817, and refiled under File No. S-910817 of the Harris
320	327		County Official Public Records of Real Property (HCOPRRP), said
321	328		9.997 acres being more particularly described by metes and bounds
322	329		as follows:
323	330		COMMENCING at a 1/2-inch iron rod found on the North
324	331		right-of-way (ROW) line of FM-2920 (formerly Tomball-Waller. Road,
325	332		100 feet wide), said rod marking the Southwest corner of the
326	333		aforesaid call 12.3160 acre Kevin R. Kerr tract, said rod also being
327	334		the Southeast corner of a call 0.8426 acre tract conveyed to Barbara
328	335		Waldrop, as recorded in File No. T-884120, HCOPRRP, from which a
329	336		5/8-inch iron rod found marking the southwest corner of said
330	337		Waldrop tract, and the intersection of the North ROW line of said
331	338		EM-2920 with the east ROW line of Three Pine Lane (60 feet wide),
332	339		bears SOUTH 83 DEGREES 02 MINUTES 36 SECONDS WEST, 176.12 feet;
333	340		THENCE NORTH 01 DEGREES 32 MINUTES 36 SECONDS WEST, leaving
334	341		said north ROW line, and along the West line of said 12.3160 acre
335	342		Kerr tract, at 200.09 feet passing a 5/8-inch iron rod found (1.50
336	343		feet west) for Northeast corner of said Waldrop tract, same being
337	344		the Southeast corner of a call 1.1843 acre tract conveyed to Chad
338	345		Bolton, et ux, as recorded in File No. P-468635, HCOPRRP, and
339	346		continuing, in all, a total distance of 254.00 feet to a 5/8-inch
340	347		iron rod with cap set for most Westerly Southwest corner of the
341	348		herein described tract, the POINT OF BEGINNING;
342	349		THENCE NORTH 01 DEGREES 32 MINUTES 36 SECONDS WEST,
343	350		continuing along the west line of said call 12.3160 acre Kerr tract,
344	351		at 240.84 feet passing a 5/8-inch iron rod found (2.90 feet west)
345	352		for Northeast corner of said 1.1843 acre Bolton tract, same being
346	353		the Southeast corner of a call 0.6468 acre tract conveyed to Ben L.
347	354		Nicholson, et ux, and Alan Broussard, as recorded in File
348	355		No. T-544630, HCOPRRP, at 402.15 feet passing the Northeast corner
349	356		of said 0.6468 acre Nicholson et al tract, same being the Southeast
350	357		corner of a call 0.6026 acre tract conveyed to Alan A. Broussard as
351	358		recorded in File No. T-544629, HCOPRRP, at 551.47 feet passing a
352	359		5/8-inch iron rod found (3.92 feet west) for Northeast corner of
353	360		said 0.6468 Broussard tract, same being the Southeast corner of a
354	361		call 1.9927 acre tract conveyed to Vince Yokom, et ux, as recorded
355	362		in File No. T-129792, HCOPRRP, and continuing, in all, a total
356	363		distance of 553.28 feet to a 1-1/2-inch iron pipe found for
357	364		Northwest corner of the herein described tract, said pipe being the
358	365		Southwest corner of the residue of an original 100 acre tract
359	366		(called 50 acres) as conveyed to JAJO Land Company, Inc., and
360	367		recorded in File No. G-018758, and File No. T-738618, HCOPRRP;
361	368		THENCE NORTH 88 DEGREES 04 MINUTES 55 SECONDS EAST, along the
362	369		North line of said 12.3160 acre Kerr tract, same being the South
363	370		line of said 50 acre JAJO Land Company tract, 611.76 feet to a
364	371		5/8-inch iron rod with cap set for Northeast corner of the herein
365	372		described tract, from which a 1-inch iron rod found marking the
366	373		Northeast corner of said 12.3160 Kerr tract bears NORTH 88 DEGREES
367	374		04 MINUTES 55 SECONDS EAST, 75.90 feet;
368	375		THENCE SOUTH 01 DEGREES 54 MINUTES 00 SECONDS EAST, leaving
369	376		the South line of said call 50 acre JAJO Land Company tract, a
370	377		distance of 752.67 feet to a 5/8-inch iron rod with cap set for
371	378		Southeast corner of the herein described tract, said rod being on
372	379		the North ROW line of said FM-2920 (100 feet wide), said rod also
373	380		being on the arc of a curve, from which a 5/8-inch iron rod found in
374	381		said curve for Southeast corner of said 12.3160 acre Kerr tract
375	382		bears (along its long chord) NORTH 81 DEGREES 59 MINUTES 19 SECONDS
376	383		EAST, 76.33 feet;
377	384		THENCE along the North ROW line of said FM-2920, 180.15 feet
378	385		along the arc of a curve to the right, said curve having a chord
379	386		which bears SOUTH 82 DEGREES 37 MINUTES 57 SECONDS WEST, a chord
380	387		distance of 180.14 feet, a radius of 11409.30 feet and a central
381	388		angle of 00 DEGREES 54 MINUTES 17 SECONDS to a concrete monument
382	389		found for the end of said curve;
383	390		THENCE SOUTH 83 DEGREES 11 MINUTES 00 SECONDS WEST,
384	391		continuing along said North ROW line, a distance of 252.08 feet to a
385	392		5/8-inch iron rod with cap set for most Southerly Southwest corner
386	393		of the herein described tract;
387	394		THENCE NORTH 06 DEGREES 31 MINUTES 46 SECONDS WEST, leaving
388	395		said North ROW line, a distance of 247.00 feet to a 5/8-inch iron
389	396		rod set for interior corner;
390	397		THENCE SOUTH 85 DEGREES 14 MINUTES 32 SECONDS WEST, a
391	398		distance of 165.00 feet to the POINT OF BEGINNING and containing
392	399		9.997 acres (435,452 square feet based on mathematical closure) of
393	400		land, more or less.
394	401		SECTION 3. (a) The legal notice of the intention to
395	402		introduce this Act, setting forth the general substance of this
396	403		Act, has been published as provided by law, and the notice and a
397	404		copy of this Act have been furnished to all persons, agencies,
398	405		officials, or entities to which they are required to be furnished
399	406		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
400	407		Government Code.
401	408		(b) The governor, one of the required recipients, has
402	409		submitted the notice and Act to the Texas Commission on
403	410		Environmental Quality.
404	411		(c) The Texas Commission on Environmental Quality has filed
405	412		its recommendations relating to this Act with the governor, the
406	413		lieutenant governor, and the speaker of the house of
407	414		representatives within the required time.
408	415		(d) All requirements of the constitution and laws of this
409	416		state and the rules and procedures of the legislature with respect
410	417		to the notice, introduction, and passage of this Act are fulfilled
411	418		and accomplished.
412	419		SECTION 4. (a) Section 7889.0306, Special District Local
413	420		Laws Code, as added by Section 1 of this Act, takes effect only if
414	421		this Act receives a two-thirds vote of all the members elected to
415	422		each house.
416	423		(b) If this Act does not receive a two-thirds vote of all the
417	424		members elected to each house, Subchapter C, Chapter 7889, Special
418	425		District Local Laws Code, as added by Section 1 of this Act, is
419	426		amended by adding Section 7889.0306 to read as follows:
420	427		Sec. 7889.0306. NO EMINENT DOMAIN POWER. The district may
421	428		not exercise the power of eminent domain.
422	429		(c) This section is not intended to be an expression of a
423	430		legislative interpretation of the requirements of Section 17(c),
424	431		Article I, Texas Constitution.
425	432		SECTION 5. This Act takes effect immediately if it receives
426	433		a vote of two-thirds of all the members elected to each house, as
427	434		provided by Section 39, Article III, Texas Constitution. If this
428	435		Act does not receive the vote necessary for immediate effect, this
429	436		Act takes effect September 1, 2019.
430		-	______________________________ ______________________________
431		-	President of the Senate Speaker of the House
432		-	I certify that H.B. No. 4734 was passed by the House on May
433		-	10, 2019, by the following vote: Yeas 121, Nays 20, 2 present, not
434		-	voting.
435		-	______________________________
436		-	Chief Clerk of the House
437		-	I certify that H.B. No. 4734 was passed by the Senate on May
438		-	22, 2019, by the following vote: Yeas 30, Nays 1.
439		-	______________________________
440		-	Secretary of the Senate
441		-	APPROVED: _____________________
442		-	Date
443		-	_____________________
444		-	Governor
	437	+	* * * * *