Texas 2019 - 86th Regular

Texas Senate Bill SB2453 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R20413 GRM-F
1	2		By: Nichols S.B. No. 2453
2		-	(In the Senate - Filed March 21, 2019; March 27, 2019, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; April 23, 2019, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; April 23, 2019, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the creation of the Montgomery County Municipal Utility
12	8		District No. 178; granting a limited power of eminent domain;
13	9		providing authority to issue bonds; providing authority to impose
14	10		assessments, fees, and taxes.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	13		Code, is amended by adding Chapter 8086 to read as follows:
18	14		CHAPTER 8086. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 178
19	15		SUBCHAPTER A. GENERAL PROVISIONS
20	16		Sec. 8086.0101. DEFINITIONS. In this chapter:
21	17		(1) "Board" means the district's board of directors.
22	18		(2) "Commission" means the Texas Commission on
23	19		Environmental Quality.
24	20		(3) "Director" means a board member.
25	21		(4) "District" means the Montgomery County Municipal
26	22		Utility District No. 178.
27	23		Sec. 8086.0102. NATURE OF DISTRICT. The district is a
28	24		municipal utility district created under Section 59, Article XVI,
29	25		Texas Constitution.
30	26		Sec. 8086.0103. CONFIRMATION AND DIRECTOR ELECTION
31	27		REQUIRED. The temporary directors shall hold an election to
32	28		confirm the creation of the district and to elect five permanent
33	29		directors as provided by Section 49.102, Water Code.
34	30		Sec. 8086.0104. CONSENT OF MUNICIPALITY REQUIRED. The
35	31		temporary directors may not hold an election under Section
36	32		8086.0103 until each municipality in whose corporate limits or
37	33		extraterritorial jurisdiction the district is located has
38	34		consented by ordinance or resolution to the creation of the
39	35		district and to the inclusion of land in the district.
40	36		Sec. 8086.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	37		(a) The district is created to serve a public purpose and benefit.
42	38		(b) The district is created to accomplish the purposes of:
43	39		(1) a municipal utility district as provided by
44	40		general law and Section 59, Article XVI, Texas Constitution; and
45	41		(2) Section 52, Article III, Texas Constitution, that
46	42		relate to the construction, acquisition, improvement, operation,
47	43		or maintenance of macadamized, graveled, or paved roads, or
48	44		improvements, including storm drainage, in aid of those roads.
49	45		Sec. 8086.0106. INITIAL DISTRICT TERRITORY. (a) The
50	46		district is initially composed of the territory described by
51	47		Section 2 of the Act enacting this chapter.
52	48		(b) The boundaries and field notes contained in Section 2 of
53	49		the Act enacting this chapter form a closure. A mistake made in the
54	50		field notes or in copying the field notes in the legislative process
55	51		does not affect the district's:
56	52		(1) organization, existence, or validity;
57	53		(2) right to issue any type of bond for the purposes
58	54		for which the district is created or to pay the principal of and
59	55		interest on a bond;
60	56		(3) right to impose a tax; or
61	57		(4) legality or operation.
62	58		SUBCHAPTER B. BOARD OF DIRECTORS
63		-	Sec. 8086.0201. GOVERNING BODY; TERMS. (a) The district
64		-	is governed by a board of five elected directors.
	59	+	Sec. 8086.0201. GOVERNING BODY; TERMS. (a) The district is
	60	+	governed by a board of five elected directors.
65	61		(b) Except as provided by Section 8086.0202, directors
66	62		serve staggered four-year terms.
67	63		Sec. 8086.0202. TEMPORARY DIRECTORS. (a) The temporary
68	64		board consists of:
69	65		(1) Juan Trejo, III;
70	66		(2) Scott Carson;
71	67		(3) Darrin Warr;
72	68		(4) Will De la Rosa; and
73	69		(5) Cody Bark.
74	70		(b) Temporary directors serve until the earlier of:
75	71		(1) the date permanent directors are elected under
76	72		Section 8086.0103; or
77	73		(2) the fourth anniversary of the effective date of
78	74		the Act enacting this chapter.
79	75		(c) If permanent directors have not been elected under
80	76		Section 8086.0103 and the terms of the temporary directors have
81	77		expired, successor temporary directors shall be appointed or
82	78		reappointed as provided by Subsection (d) to serve terms that
83	79		expire on the earlier of:
84	80		(1) the date permanent directors are elected under
85	81		Section 8086.0103; or
86	82		(2) the fourth anniversary of the date of the
87	83		appointment or reappointment.
88	84		(d) If Subsection (c) applies, the owner or owners of a
89	85		majority of the assessed value of the real property in the district
90	86		may submit a petition to the commission requesting that the
91	87		commission appoint as successor temporary directors the five
92	88		persons named in the petition. The commission shall appoint as
93	89		successor temporary directors the five persons named in the
94	90		petition.
95	91		SUBCHAPTER C. POWERS AND DUTIES
96	92		Sec. 8086.0301. GENERAL POWERS AND DUTIES. The district
97	93		has the powers and duties necessary to accomplish the purposes for
98	94		which the district is created.
99	95		Sec. 8086.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
100	96		DUTIES. The district has the powers and duties provided by the
101	97		general law of this state, including Chapters 49 and 54, Water Code,
102	98		applicable to municipal utility districts created under Section 59,
103	99		Article XVI, Texas Constitution.
104	100		Sec. 8086.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
105	101		52, Article III, Texas Constitution, the district may design,
106	102		acquire, construct, finance, issue bonds for, improve, operate,
107	103		maintain, and convey to this state, a county, or a municipality for
108	104		operation and maintenance macadamized, graveled, or paved roads, or
109	105		improvements, including storm drainage, in aid of those roads.
110	106		Sec. 8086.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
111	107		road project must meet all applicable construction standards,
112	108		zoning and subdivision requirements, and regulations of each
113	109		municipality in whose corporate limits or extraterritorial
114	110		jurisdiction the road project is located.
115	111		(b) If a road project is not located in the corporate limits
116	112		or extraterritorial jurisdiction of a municipality, the road
117	113		project must meet all applicable construction standards,
118	114		subdivision requirements, and regulations of each county in which
119	115		the road project is located.
120	116		(c) If the state will maintain and operate the road, the
121	117		Texas Transportation Commission must approve the plans and
122	118		specifications of the road project.
123	119		Sec. 8086.0305. COMPLIANCE WITH MUNICIPAL CONSENT
124	120		ORDINANCE OR RESOLUTION. The district shall comply with all
125	121		applicable requirements of any ordinance or resolution that is
126	122		adopted under Section 54.016 or 54.0165, Water Code, and that
127	123		consents to the creation of the district or to the inclusion of land
128	124		in the district.
129		-	Sec. 8086.0306. DIVISION OF DISTRICT. (a) The district
130		-	~~may~~ be divided into two or more new districts only if the district:
	125	+	Sec. 8086.0306. DIVISION OF DISTRICT. (a) The district may
	126	+	be divided into two or more new districts only if the district:
131	127		(1) has never issued any bonds; and
132	128		(2) is not imposing ad valorem taxes.
133	129		(b) This chapter applies to any new district created by the
134	130		division of the district, and a new district has all the powers and
135	131		duties of the district.
136	132		(c) Any new district created by the division of the district
137	133		may not, at the time the new district is created, contain any land
138	134		outside the area described by Section 2 of the Act enacting this
139	135		chapter.
140	136		(d) The board, on its own motion or on receipt of a petition
141	137		signed by the owner or owners of a majority of the assessed value of
142	138		the real property in the district, may adopt an order dividing the
143	139		district.
144	140		(e) The board may adopt an order dividing the district
145	141		before or after the date the board holds an election under Section
146	142		8086.0103 to confirm the creation of the district.
147	143		(f) An order dividing the district shall:
148	144		(1) name each new district;
149	145		(2) include the metes and bounds description of the
150	146		territory of each new district;
151	147		(3) appoint temporary directors for each new district;
152	148		and
153	149		(4) provide for the division of assets and liabilities
154	150		between or among the new districts.
155	151		(g) On or before the 30th day after the date of adoption of
156	152		an order dividing the district, the district shall file the order
157	153		with the commission and record the order in the real property
158	154		records of each county in which the district is located.
159	155		(h) Any new district created by the division of the district
160	156		shall hold a confirmation and directors' election as required by
161	157		Section 8086.0103.
162	158		(i) If the creation of the new district is confirmed, the
163	159		new district shall provide the election date and results to the
164	160		commission.
165	161		(j) Any new district created by the division of the district
166	162		must hold an election as required by this chapter to obtain voter
167	163		approval before the district may impose a maintenance tax or issue
168	164		bonds payable wholly or partly from ad valorem taxes.
169	165		(k) Municipal consent to the creation of the district and to
170	166		the inclusion of land in the district granted under Section
171	167		8086.0104 acts as municipal consent to the creation of any new
172	168		district created by the division of the district and to the
173	169		inclusion of land in the new district.
174	170		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
175		-	Sec. 8086.0401. ELECTIONS REGARDING TAXES OR BONDS.
176		-	~~(a)~~ The district may issue, without an election, bonds and other
	171	+	Sec. 8086.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
	172	+	The district may issue, without an election, bonds and other
177	173		obligations secured by:
178	174		(1) revenue other than ad valorem taxes; or
179	175		(2) contract payments described by Section 8086.0403.
180	176		(b) The district must hold an election in the manner
181	177		provided by Chapters 49 and 54, Water Code, to obtain voter approval
182	178		before the district may impose an ad valorem tax or issue bonds
183	179		payable from ad valorem taxes.
184	180		(c) The district may not issue bonds payable from ad valorem
185	181		taxes to finance a road project unless the issuance is approved by a
186	182		vote of a two-thirds majority of the district voters voting at an
187	183		election held for that purpose.
188	184		Sec. 8086.0402. OPERATION AND MAINTENANCE TAX. (a) If
189	185		authorized at an election held under Section 8086.0401, the
190	186		district may impose an operation and maintenance tax on taxable
191	187		property in the district in accordance with Section 49.107, Water
192	188		Code.
193	189		(b) The board shall determine the tax rate. The rate may not
194	190		exceed the rate approved at the election.
195	191		Sec. 8086.0403. CONTRACT TAXES. (a) In accordance with
196	192		Section 49.108, Water Code, the district may impose a tax other than
197	193		an operation and maintenance tax and use the revenue derived from
198	194		the tax to make payments under a contract after the provisions of
199	195		the contract have been approved by a majority of the district voters
200	196		voting at an election held for that purpose.
201	197		(b) A contract approved by the district voters may contain a
202	198		provision stating that the contract may be modified or amended by
203	199		the board without further voter approval.
204	200		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
205	201		Sec. 8086.0501. AUTHORITY TO ISSUE BONDS AND OTHER
206	202		OBLIGATIONS. The district may issue bonds or other obligations
207	203		payable wholly or partly from ad valorem taxes, impact fees,
208	204		revenue, contract payments, grants, or other district money, or any
209	205		combination of those sources, to pay for any authorized district
210	206		purpose.
211	207		Sec. 8086.0502. TAXES FOR BONDS. At the time the district
212	208		issues bonds payable wholly or partly from ad valorem taxes, the
213	209		board shall provide for the annual imposition of a continuing
214	210		direct ad valorem tax, without limit as to rate or amount, while all
215	211		or part of the bonds are outstanding as required and in the manner
216	212		provided by Sections 54.601 and 54.602, Water Code.
217	213		Sec. 8086.0503. BONDS FOR ROAD PROJECTS. At the time of
218	214		issuance, the total principal amount of bonds or other obligations
219	215		issued or incurred to finance road projects and payable from ad
220	216		valorem taxes may not exceed one-fourth of the assessed value of the
221	217		real property in the district.
222	218		SECTION 2. The Montgomery County Municipal Utility District
223	219		No. 178 initially includes all the territory contained in the
224	220		following area:
225	221		Being 133.0 acres of land in the F. K. Henderson Survey,
226	222		Abstract 248, Montgomery County, Texas, and being a portion of the
227	223		116.9 acre tract ("First Tract") and a portion of the 139.78 acre
228	224		tract ("Second Tract") described in the deed from Otway Taylor, et
229	225		al., to Geo. B. Darden recorded in Volume 258, Page 84 of the
230	226		Official Public Records of Real Property of Montgomery County,
231	227		Texas, also described in deed from Geo. B. Darden conveying 50%
232	228		interest in the above referenced tracts to W. T. Moran recorded in
233	229		Volume 285, Page 598 of the Official Public Records of Real Property
234	230		of Montgomery County, Texas, and being a portion of the 34 acre
235	231		tract described in deed from Geo. B. Darden conveying 50% interest
236	232		in said 34 acre tract to W. T. Moran recorded in Volume 285, Page 598
237	233		of the Official Public Records of Real Property of Montgomery
238	234		County, Texas, and being more particularly described by metes and
239	235		bounds as follows with bearings based on the Texas Coordinate
240	236		System of 1983, Central Zone:
241	237		BEGINNING at a 1-inch pinched top pipe found for the most
242	238		southerly corner of the called 4.4 acre tract described in the deed
243	239		to Bessie Ingrum, et al., recorded in Volume 613, Page 166 of the
244	240		Official Public Records of Real Property of Montgomery County,
245	241		Texas, and being on the existing east right-of-way line of
246	242		Interstate Highway 45 (width varies) described in Volume 495, Page
247	243		593 of the Montgomery County Deed Records and being a southwesterly
248	244		corner of the herein described tract;
249	245		THENCE North 72° 02' 04" East - 775.42 feet, with the
250	246		southerly line of said called 4.4 acre tract to a 5-inch metal post
251	247		at a barbed wire fence corner found for the most easterly corner of
252	248		said called 4.4 acre tract;
253	249		THENCE North 18° 13' 40" West - 258.57 feet, with the easterly
254	250		line of said called 4.4 acre tract to a 3/4-inch pinched top pipe
255	251		found for the most northerly corner of said called 4.4 acre tract
256	252		and being the most easterly corner of the called 20.478 acre tract
257	253		described in deed to O. G. Williams recorded under Volume 613, Page
258	254		166 of the Official Public Records of Real Property of Montgomery
259	255		County, Texas;
260	256		THENCE North 18° 04' 15" West - 1902.34 feet, with the
261	257		easterly line of said called 20.478 acre tract to a 5-inch metal
262	258		post at a barbed wire fence corner found for the most northerly
263	259		corner of said called 20.478 acre tract, being the northwest corner
264		-	of the herein described tract and being on the southeasterly line of
265		-	the 184 acre tract described in deed to W. T. Moran recorded in
	260	+	of the herein described tract and being on the southeasterly line
	261	+	of the 184 acre tract described in deed to W. T. Moran recorded in
266	262		Volume 225, Page 324 of the Montgomery County Deed Records, and from
267	263		which point a 1-inch pinched top pipe found on the existing east
268	264		right-of-way line of said Interstate Highway 45 bears South 72° 30'
269	265		01" West - 239.16 feet;
270	266		THENCE North 72° 30' 01" East, at a distance of 2178.53 feet
271	267		pass a found 1-1/4 inch iron pipe, in all a total distance of
272	268		2996.55 feet to a 5/8-inch iron rod with cap stamped "IDS" set for
273	269		an angle point in the center of the 50-feet wide Gulf States
274	270		Utilities Company easement recorded in Volume 117, Page 578 of the
275	271		Montgomery County Deed Records;
276	272		THENCE North 18° 25' 50" West - 150.08 feet, with the
277	273		centerline of said 50-feet wide easement, to a 4-inch metal pole in
278	274		concrete found for the west corner of the 6.000 acre tract described
279	275		in deed to Andrew Scott Munson recorded in File Number 2002-114531
280	276		of the Official Public Records of Real Property of Montgomery
281	277		County, Texas;
282	278		THENCE South 77° 55' 33" East - 628.35 feet, with the
283	279		southerly line of said 6.000 acre tract to a 5/8-inch iron rod with
284	280		cap stamped "IDS" set for an angle point and being the north corner
285	281		of the 1.724 acre tract described in deed to Boardman Lee Munson
286	282		recorded in File Number 2005-039674 of the Official Public Records
287	283		of Real Property of Montgomery County, Texas;
288	284		THENCE South 13° 15' 38" West - 410.25 feet, with the westerly
289	285		line of said 1.724 acre tract and subsequently the westerly line of
290	286		the 2.00 acre tract described in deed to S.R.S. FAMILY, L.P.
291	287		recorded in File Number 2016-072723 of the Official Public Records
292	288		of Real Property of Montgomery County, Texas, to a 5/8-inch iron rod
293	289		found for the southwest corner of said 2.00 acre tract and being an
294	290		interior corner of the herein described tract;
295	291		THENCE South 76° 38' 05" East - 418.77 feet, with the south
296	292		line of said 2.00 acre tract, to a 1/2-inch iron rod found for the
297	293		southeast corner of said 2.00 acre tract and being on the westerly
298	294		right-of-way line of State Highway 75 (width varies);
299	295		THENCE South 11° 56' 11" West - 641.18 feet, with the westerly
300	296		right-of-way line of State Highway 75, to a 1/2-inch iron rod with
301	297		cap stamped "JEFF MOON" found for the northeast corner of the
302	298		30-feet wide access easement described in deed to City of Willis
303	299		recorded in Volume 949, Page 600 of the Official Public Records of
304	300		Real Property of Montgomery County, Texas;
305	301		THENCE North 76° 39' 50" West - 170.90 feet, with the north
306	302		line of said 30-feet wide access easement, to a 1/2-inch iron rod
307	303		with cap stamped "JEFF MOON" found for the beginning of a curve to
308	304		the left;
309	305		THENCE in a southwesterly direction, with the north line of
310	306		said 30-feet wide easement and with said curve to the left, having a
311	307		radius of 275.00 feet, a central angle of 29° 50' 00", a chord
312	308		bearing and distance of South 88° 25' 13" West - 141.58 feet, and an
313	309		arc distance of 143.19 feet to a 1/2-inch iron rod (bent) found for
314	310		the end of said curve;
315	311		THENCE South 73° 30' 13" West - 376.45 feet, continuing with
316	312		the north line of said 30-feet wide easement, to a 5/8-inch iron rod
317	313		(bent) found for the northwest corner of said 30-feet wide easement
318	314		and being the northeast corner of a 4.3668 acre tract described in
319	315		deed to City of Willis recorded in File Number Volume 949, Page 593
320	316		of the Official Public Records of Real Property of Montgomery
321	317		County, Texas;
322	318		THENCE South 73° 27' 30" West - 549.83 feet, with the north
323	319		line of 4.3668 acre tract to a 5/8- inch iron rod found for the
324	320		northwest corner of said 4.3668 acre tract;
325	321		THENCE South 16° 08' 36" East - 74.20 feet, with a westerly
326	322		line of said 4.3668 acre tract, to the centerline of East Fork of
327	323		Crystal Creek and being a northerly corner of the called 56.537 acre
328	324		tract described in deed to WILLIS INDEPENDENT SCHOOL DISTRICT
329	325		recorded in File Number 2009-075919 of the Official Public Records
330	326		of Real Property of Montgomery County, Texas;
331	327		THENCE upstream with the centerline meanders of East Fork of
332	328		Crystal Creek and the northerly lines of said 56.537 acre tract the
333	329		following courses and distances:
334	330		South 70° 35' 11" West - 33.39 feet to a point;
335	331		North 80° 32' 26" West - 73.75 feet to a point;
336	332		South 71° 37' 44" West - 71.55 feet to a point;
337	333		North 37° 39' 44" West - 193.05 feet to a point;
338	334		North 75° 27' 42" West - 15.78 feet to a point;
339	335		South 79° 52' 36" West - 16.52 feet to a point;
340	336		North 21° 05' 06" West - 17.97 feet to a point;
341	337		North 36° 24' 29" East - 31.20 feet to a point;
342	338		North 75° 23' 22" West - 89.92 feet to a point;
343	339		North 72° 00' 47" West - 54.68 feet to a point;
344	340		North 26° 03' 42" East - 25.75 feet to a point;
345	341		North 61° 20' 29" East - 42.65 feet to a point;
346	342		North 15° 26' 24" West - 11.68 feet to a point;
347	343		North 53° 00' 21" West - 53.87 feet to a point;
348	344		South 58° 16' 00" West - 20.71 feet to a point;
349	345		North 79° 26' 57" West - 16.65 feet to a point;
350	346		North 48° 21' 09" West - 27.21 feet to a point;
351	347		North 18° 36' 35" West - 37.64 feet to a point;
352	348		North 15° 59' 52" West - 45.67 feet to a point;
353	349		North 30° 02' 36" West - 11.21 feet to a point;
354	350		North 72° 54' 49" West - 31.82 feet to a point;
355	351		North 86° 21' 07'' West - 28.71 feet to a point;
356	352		THENCE with westerly lines of said 56.537 acre tract and
357	353		interior lines of the herein described tract the following courses
358	354		and distances:
359	355		South 60° 52' 13" West - 439.62 feet to a 5/8-inch iron
360	356		rod with cap stamped "M&A" found for an angle corner;
361	357		South 12° 53' 19" West - 1415.35 feet to a 5/8-inch iron
362	358		rod with cap stamped "M&A" found for an angle corner;
363	359		South 22° 51' 04" East - 900.35 feet to a 5/8-inch iron
364	360		rod with cap stamped "M&A" found for an angle corner;
365	361		South 15° 52' 57'' East - 478.23 feet to a 5/8-inch iron
366	362		rod with cap stamped "IDS" set on the arc of a non-tangent
367	363		curve to the left and being on the north right-of-way line of
368	364		FM 830 (120-feet wide) recorded in Volume 563, Page 60 of the
369	365		Official Public Records of Real Property of Montgomery
370	366		County, Texas;
371	367		THENCE in a southwesterly direction, with the north
372	368		right-of-way line of FM 830 and said curve to the left, having a
373	369		radius of 2925.00 feet, a central angle of 03° 30' 20", a chord
374	370		bearing and distance of South 87° 37' 26" West - 178.93 feet, and an
375	371		arc distance of 178.96 feet to a TxDOT concrete monument found for
376	372		the end of said curve;
377	373		THENCE South 85° 52' 16" West - 902.35 feet, continuing with
378	374		the north right-of-way line of FM 830, to the south corner of a
379	375		cutback line at the intersection of the north right-of-way line of
380	376		FM 830 and the easterly right-of-way line of said Interstate
381	377		Highway 45, from which point a TxDOT concrete monument bears South
382	378		46° 39' 14" East - 1.07 feet;
383	379		THENCE North 39° 05' 47" West - 67.43 feet, with said cutback
384	380		line, to the north corner of said cutback line and the easterly
385	381		right-of-way line of said Interstate Highway 45, being the
386	382		beginning of a non-tangent curve to the left, from which point a
387	383		TxDOT concrete monument bears South 72° 08' 45" East - 0.46 feet;
388	384		THENCE in a northwesterly direction, with the easterly
389	385		right-of-way line of said Interstate Highway 45 and with said curve
390	386		to the left, having a radius of 285.00 feet, a central angle of 64°
391	387		59' 58", a chord bearing and distance of North 36° 39' 22" West -
392	388		306.26 feet, and an arc distance of 323.32 feet to the end of said
393	389		curve from which point a TxDOT concrete monument bears South 48° 43'
394	390		13" East - 0.51 feet;
395	391		THENCE North 69° 09' 21" West - 272.82 feet, continuing with
396	392		the easterly right-of-way line of said Interstate Highway 45 to a
397	393		TxDOT concrete monument found for the beginning of a curve to the
398	394		right;
399	395		THENCE in a northwesterly direction, continuing with the
400	396		easterly right-of-way line of said Interstate Highway 45 and with
401	397		said curve to the right, having a radius of 177.00 feet, a central
402	398		angle of 65° 00' 00", a chord bearing and distance of North 36° 39'
403	399		21" West - 190.20 feet, and an arc distance of 200.80 feet to a TxDOT
404	400		concrete monument found for the end of said curve;
405	401		THENCE North 04° 09' 21" West - 214.21 feet, continuing with
406	402		the easterly right-of-way line of said Interstate Highway 45, to
407	403		the POINT OF BEGINNING and containing 133.0 acres of land.
408	404		SECTION 3. (a) The legal notice of the intention to
409	405		introduce this Act, setting forth the general substance of this
410	406		Act, has been published as provided by law, and the notice and a
411	407		copy of this Act have been furnished to all persons, agencies,
412	408		officials, or entities to which they are required to be furnished
413	409		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
414	410		Government Code.
415	411		(b) The governor, one of the required recipients, has
416	412		submitted the notice and Act to the Texas Commission on
417	413		Environmental Quality.
418	414		(c) The Texas Commission on Environmental Quality has filed
419	415		its recommendations relating to this Act with the governor, the
420	416		lieutenant governor, and the speaker of the house of
421	417		representatives within the required time.
422	418		(d) All requirements of the constitution and laws of this
423	419		state and the rules and procedures of the legislature with respect
424	420		to the notice, introduction, and passage of this Act are fulfilled
425	421		and accomplished.
426	422		SECTION 4. (a) If this Act does not receive a two-thirds
427	423		vote of all the members elected to each house, Subchapter C, Chapter
428	424		8086, Special District Local Laws Code, as added by Section 1 of
429	425		this Act, is amended by adding Section 8086.0307 to read as follows:
430	426		Sec. 8086.0307. NO EMINENT DOMAIN POWER. The district may
431	427		not exercise the power of eminent domain.
432	428		(b) This section is not intended to be an expression of a
433	429		legislative interpretation of the requirements of Section 17(c),
434	430		Article I, Texas Constitution.
435	431		SECTION 5. This Act takes effect immediately if it receives
436	432		a vote of two-thirds of all the members elected to each house, as
437	433		provided by Section 39, Article III, Texas Constitution. If this
438	434		Act does not receive the vote necessary for immediate effect, this
439	435		Act takes effect September 1, 2019.
440		-	* * * * *