Texas 2019 - 86th Regular

Texas Senate Bill SB2458 Compare Versions

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1+86R8986 SLB-F
12 By: Creighton S.B. No. 2458
2- (In the Senate - Filed March 25, 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
73
84
95 A BILL TO BE ENTITLED
106 AN ACT
117 relating to the creation of the Wood Trace Municipal Utility
128 District No. 4 of Montgomery County, Texas; granting a limited
139 power of eminent domain; providing authority to issue bonds;
1410 providing authority to impose assessments, fees, and taxes.
1511 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1612 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1713 Code, is amended by adding Chapter 8052 to read as follows:
1814 CHAPTER 8052. WOOD TRACE MUNICIPAL UTILITY DISTRICT NO. 4 OF
1915 MONTGOMERY COUNTY, TEXAS
2016 SUBCHAPTER A. GENERAL PROVISIONS
2117 Sec. 8052.0101. DEFINITIONS. In this chapter:
2218 (1) "Board" means the district's board of directors.
2319 (2) "Commission" means the Texas Commission on
2420 Environmental Quality.
2521 (3) "Director" means a board member.
2622 (4) "District" means the Wood Trace Municipal Utility
2723 District No. 4 of Montgomery County, Texas.
2824 Sec. 8052.0102. NATURE OF DISTRICT. The district is a
2925 municipal utility district created under Section 59, Article XVI,
3026 Texas Constitution.
3127 Sec. 8052.0103. CONFIRMATION AND DIRECTOR ELECTION
3228 REQUIRED. The temporary directors shall hold an election to
3329 confirm the creation of the district and to elect five permanent
3430 directors as provided by Section 49.102, Water Code.
3531 Sec. 8052.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3632 temporary directors may not hold an election under Section
3733 8052.0103 until each municipality in whose corporate limits or
3834 extraterritorial jurisdiction the district is located has
3935 consented by ordinance or resolution to the creation of the
4036 district and to the inclusion of land in the district.
4137 Sec. 8052.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
4238 (a) The district is created to serve a public purpose and benefit.
4339 (b) The district is created to accomplish the purposes of:
4440 (1) a municipal utility district as provided by
4541 general law and Section 59, Article XVI, Texas Constitution; and
4642 (2) Section 52, Article III, Texas Constitution, that
4743 relate to the construction, acquisition, improvement, operation,
4844 or maintenance of macadamized, graveled, or paved roads, or
4945 improvements, including storm drainage, in aid of those roads.
5046 Sec. 8052.0106. INITIAL DISTRICT TERRITORY. (a) The
5147 district is initially composed of the territory described by
5248 Section 2 of the Act enacting this chapter.
5349 (b) The boundaries and field notes contained in Section 2 of
5450 the Act enacting this chapter form a closure. A mistake made in the
5551 field notes or in copying the field notes in the legislative process
5652 does not affect the district's:
5753 (1) organization, existence, or validity;
5854 (2) right to issue any type of bond for the purposes
5955 for which the district is created or to pay the principal of and
6056 interest on a bond;
6157 (3) right to impose a tax; or
6258 (4) legality or operation.
6359 SUBCHAPTER B. BOARD OF DIRECTORS
64- Sec. 8052.0201. GOVERNING BODY; TERMS. (a) The district
65- is governed by a board of five elected directors.
60+ Sec. 8052.0201. GOVERNING BODY; TERMS. (a) The district is
61+ governed by a board of five elected directors.
6662 (b) Except as provided by Section 8052.0202, directors
6763 serve staggered four-year terms.
6864 Sec. 8052.0202. TEMPORARY DIRECTORS. (a) On or after the
6965 effective date of the Act enacting this chapter, the owner or owners
7066 of a majority of the assessed value of the real property in the
7167 district may submit a petition to the commission requesting that
7268 the commission appoint as temporary directors the five persons
7369 named in the petition. The commission shall appoint as temporary
7470 directors the five persons named in the petition.
7571 (b) Temporary directors serve until the earlier of:
7672 (1) the date permanent directors are elected under
7773 Section 8052.0103; or
7874 (2) the fourth anniversary of the effective date of
7975 the Act enacting this chapter.
8076 (c) If permanent directors have not been elected under
8177 Section 8052.0103 and the terms of the temporary directors have
8278 expired, successor temporary directors shall be appointed or
8379 reappointed as provided by Subsection (d) to serve terms that
8480 expire on the earlier of:
8581 (1) the date permanent directors are elected under
8682 Section 8052.0103; or
8783 (2) the fourth anniversary of the date of the
8884 appointment or reappointment.
8985 (d) If Subsection (c) applies, the owner or owners of a
9086 majority of the assessed value of the real property in the district
9187 may submit a petition to the commission requesting that the
9288 commission appoint as successor temporary directors the five
9389 persons named in the petition. The commission shall appoint as
9490 successor temporary directors the five persons named in the
9591 petition.
9692 SUBCHAPTER C. POWERS AND DUTIES
9793 Sec. 8052.0301. GENERAL POWERS AND DUTIES. The district
9894 has the powers and duties necessary to accomplish the purposes for
9995 which the district is created.
10096 Sec. 8052.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
10197 DUTIES. The district has the powers and duties provided by the
10298 general law of this state, including Chapters 49 and 54, Water Code,
10399 applicable to municipal utility districts created under Section 59,
104100 Article XVI, Texas Constitution.
105101 Sec. 8052.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
106102 52, Article III, Texas Constitution, the district may design,
107103 acquire, construct, finance, issue bonds for, improve, operate,
108104 maintain, and convey to this state, a county, or a municipality for
109105 operation and maintenance macadamized, graveled, or paved roads, or
110106 improvements, including storm drainage, in aid of those roads.
111107 Sec. 8052.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
112108 road project must meet all applicable construction standards,
113109 zoning and subdivision requirements, and regulations of each
114110 municipality in whose corporate limits or extraterritorial
115111 jurisdiction the road project is located.
116112 (b) If a road project is not located in the corporate limits
117113 or extraterritorial jurisdiction of a municipality, the road
118114 project must meet all applicable construction standards,
119115 subdivision requirements, and regulations of each county in which
120116 the road project is located.
121117 (c) If the state will maintain and operate the road, the
122118 Texas Transportation Commission must approve the plans and
123119 specifications of the road project.
124120 Sec. 8052.0305. COMPLIANCE WITH MUNICIPAL CONSENT
125121 ORDINANCE OR RESOLUTION. The district shall comply with all
126122 applicable requirements of any ordinance or resolution that is
127123 adopted under Section 54.016 or 54.0165, Water Code, and that
128124 consents to the creation of the district or to the inclusion of land
129125 in the district.
130- Sec. 8052.0306. DIVISION OF DISTRICT. (a) The district
131- may be divided into two or more new districts only if the district:
126+ Sec. 8052.0306. DIVISION OF DISTRICT. (a) The district may
127+ be divided into two or more new districts only if the district:
132128 (1) has no outstanding bonded debt; and
133129 (2) is not imposing ad valorem taxes.
134130 (b) This chapter applies to any new district created by the
135131 division of the district, and a new district has all the powers and
136132 duties of the district.
137133 (c) Any new district created by the division of the district
138134 may not, at the time the new district is created, contain any land
139135 outside the area described by Section 2 of the Act enacting this
140136 chapter.
141137 (d) The board, on its own motion or on receipt of a petition
142138 signed by the owner or owners of a majority of the assessed value of
143139 the real property in the district, may adopt an order dividing the
144140 district.
145141 (e) The board may adopt an order dividing the district
146142 before or after the date the board holds an election under Section
147143 8052.0103 to confirm the district's creation.
148144 (f) An order dividing the district shall:
149145 (1) name each new district;
150146 (2) include the metes and bounds description of the
151147 territory of each new district;
152148 (3) appoint temporary directors for each new district;
153149 and
154150 (4) provide for the division of assets and liabilities
155151 between or among the new districts.
156152 (g) On or before the 30th day after the date of adoption of
157153 an order dividing the district, the district shall file the order
158154 with the commission and record the order in the real property
159155 records of each county in which the district is located.
160156 (h) Any new district created by the division of the district
161157 shall hold a confirmation and directors' election as required by
162158 Section 8052.0103.
163159 (i) Municipal consent to the creation of the district and to
164160 the inclusion of land in the district granted under Section
165161 8052.0104 acts as municipal consent to the creation of any new
166162 district created by the division of the district and to the
167163 inclusion of land in the new district.
168164 (j) Any new district created by the division of the district
169165 must hold an election as required by this chapter to obtain voter
170166 approval before the district may impose a maintenance tax or issue
171167 bonds payable wholly or partly from ad valorem taxes.
172168 (k) If the creation of the new district is confirmed, the
173169 new district shall provide the election date and results to the
174170 commission.
175171 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
176- Sec. 8052.0401. ELECTIONS REGARDING TAXES OR BONDS.
177- (a) The district may issue, without an election, bonds and other
172+ Sec. 8052.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
173+ The district may issue, without an election, bonds and other
178174 obligations secured by:
179175 (1) revenue other than ad valorem taxes; or
180176 (2) contract payments described by Section 8052.0403.
181177 (b) The district must hold an election in the manner
182178 provided by Chapters 49 and 54, Water Code, to obtain voter approval
183179 before the district may impose an ad valorem tax or issue bonds
184180 payable from ad valorem taxes.
185181 (c) The district may not issue bonds payable from ad valorem
186182 taxes to finance a road project unless the issuance is approved by a
187183 vote of a two-thirds majority of the district voters voting at an
188184 election held for that purpose.
189185 Sec. 8052.0402. OPERATION AND MAINTENANCE TAX. (a) If
190186 authorized at an election held under Section 8052.0401, the
191187 district may impose an operation and maintenance tax on taxable
192188 property in the district in accordance with Section 49.107, Water
193189 Code.
194190 (b) The board shall determine the tax rate. The rate may not
195191 exceed the rate approved at the election.
196192 Sec. 8052.0403. CONTRACT TAXES. (a) In accordance with
197193 Section 49.108, Water Code, the district may impose a tax other than
198194 an operation and maintenance tax and use the revenue derived from
199195 the tax to make payments under a contract after the provisions of
200196 the contract have been approved by a majority of the district voters
201197 voting at an election held for that purpose.
202198 (b) A contract approved by the district voters may contain a
203199 provision stating that the contract may be modified or amended by
204200 the board without further voter approval.
205201 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
206202 Sec. 8052.0501. AUTHORITY TO ISSUE BONDS AND OTHER
207203 OBLIGATIONS. The district may issue bonds or other obligations
208204 payable wholly or partly from ad valorem taxes, impact fees,
209205 revenue, contract payments, grants, or other district money, or any
210206 combination of those sources, to pay for any authorized district
211207 purpose.
212208 Sec. 8052.0502. TAXES FOR BONDS. At the time the district
213209 issues bonds payable wholly or partly from ad valorem taxes, the
214210 board shall provide for the annual imposition of a continuing
215211 direct ad valorem tax, without limit as to rate or amount, while all
216212 or part of the bonds are outstanding as required and in the manner
217213 provided by Sections 54.601 and 54.602, Water Code.
218214 Sec. 8052.0503. BONDS FOR ROAD PROJECTS. At the time of
219215 issuance, the total principal amount of bonds or other obligations
220216 issued or incurred to finance road projects and payable from ad
221217 valorem taxes may not exceed one-fourth of the assessed value of the
222218 real property in the district.
223219 SECTION 2. The Wood Trace Municipal Utility District No. 4
224220 of Montgomery County, Texas initially includes all the territory
225221 contained in the following area:
226222 TRACT 1 - 505.83 ACRES:
227223 Being a 505.83-acre tract of land, located in the Andrew J.
228224 Hensley, Abstract No. 255 and the J.D. Cochran Survey, A-123 in
229225 Montgomery County, Texas; said 505.83-acre tract being out of a
230226 called 2,253.2253-acre tract of land conveyed to Terra Investments,
231227 LP in Clerk's File Number 2004023496 of the Official Public Records
232228 of Real Property of Montgomery County Texas (O.P.R.R.P.M.C.T.);
233229 said 505.83 acre tract being more particularly described by metes
234230 and bounds as follows (all bearings are referenced to the north line
235231 of said 2,253.2253-acre tract):
236232 Beginning at the northwest corner of a called 34.6647-acre
237233 tract of land recorded in Clerk's File Number 2018021947 of the
238234 O.P.R.R.P.M.C.T., same being on the northwest line of said called
239235 2,253.2253-acre tract;
240236 Thence, with the northwest line of said called
241237 2,253.2253-acre tract, the following three (3) courses:
242238 1. North 43 degrees 05 minutes 06 seconds East, a distance
243239 of 63.12 feet;
244240 2. North 41 degrees 30 minutes 39 seconds East, a distance
245241 of 1,876.15 feet;
246242 3. North 41 degrees 50 minutes 49 seconds East, a distance
247243 of 3,343.49 feet to the most northerly corner of aforesaid called
248244 2,253.2253-acre tract;
249245 4. Thence, with the northeast line of said called
250246 2,253.2253-acre tract, South 47 degrees 49 minutes 11 seconds East,
251247 a distance of 3,142.99 feet;
252248 5. Thence, with an interior northeasterly line, South 41
253249 degrees 26 minutes 02 seconds West, a distance of 317.57 feet to the
254250 centerline of Mills Creek;
255251 Thence, with the meanders of the centerline of said Mills
256252 Creek, the following twelve (12) courses:
257253 6. South 40 degrees 14 minutes 25 seconds East, a distance
258254 of 3.45 feet;
259255 7. South 58 degrees 25 minutes 02 seconds East, a distance
260256 of 201.92 feet;
261257 8. South 73 degrees 09 minutes 05 seconds East, a distance
262258 of 115.58 feet;
263259 9. North 74 degrees 20 minutes 37 seconds East, a distance
264260 of 46.27 feet;
265261 10. North 73 degrees 47 minutes 22 seconds East, a distance
266262 of 166.85 feet;
267263 11. North 17 degrees 09 minutes 37 seconds East, a distance
268264 of 45.08 feet;
269265 12. North 26 degrees 27 minutes 19 seconds East, a distance
270266 of 23.35 feet;
271267 13. North 82 degrees 53 minutes 07 seconds East, a distance
272268 of 26.89 feet;
273269 14. South 84 degrees 07 minutes 38 seconds East, a distance
274270 of 30.93 feet;
275271 15. South 55 degrees 11 minutes 42 seconds East, a distance
276272 of 34.75 feet;
277273 16. South 15 degrees 00 minutes 28 seconds East, a distance
278274 of 61.82 feet;
279275 17. South 58 degrees 09 minutes 25 seconds East, a distance
280276 of 25.03 feet to a northerly corner of a called 1295.994-acre tract
281277 of land (Tract B) recorded in Clerk's File Number 99074137 of the
282278 O.P.R.R.P.M.C.T.;
283279 Thence, with the northwest line of said called 1295.994-acre
284280 tract, the following eight (8) courses:
285281 18. South 41 degrees 15 minutes 36 seconds West, a distance
286282 of 462.62 feet;
287283 19. South 41 degrees 34 minutes 29 seconds West, a distance
288284 of 189.21 feet;
289285 20. South 41 degrees 16 minutes 52 seconds West, a distance
290286 of 919.78 feet;
291287 21. South 41 degrees 02 minutes 20 seconds West, a distance
292288 of 705.64 feet;
293289 22. South 42 degrees 48 minutes 40 seconds West, a distance
294290 of 1,020.09 feet;
295291 23. South 44 degrees 10 minutes 27 seconds West, a distance
296292 of 494.99 feet;
297293 24. South 44 degrees 52 minutes 56 seconds West, a distance
298294 of 1,038.47 feet;
299295 25. South 44 degrees 34 minutes 39 seconds West, a distance
300296 of 736.16 feet to the northerly northwest corner of aforesaid
301297 called 1295.994-acre tract, same being on an interior southwesterly
302298 line of aforesaid called 2,253.2253-acre tract;
303299 Thence, with a southerly interior line of said called
304300 2,253.2253-acre tract, the following three (3) courses:
305301 26. North 47 degrees 37 minutes 18 seconds West, a distance
306302 of 408.29 feet;
307303 27. South 41 degrees 26 minutes 02 seconds West, a distance
308304 of 257.19 feet;
309305 28. South 41 degrees 39 minutes 25 seconds West, a distance
310306 of 1,370.07 feet to the east corner of aforesaid called
311307 34.6647-acre tract;
312308 Thence, with the northeast line of said called 34.6647-acre
313309 tract, the following seven (7) courses:
314310 29. 803.07 feet along the arc of a curve to the right, said
315311 curve having a central angle of 08 degrees 19 minutes 16 seconds, a
316312 radius of 5,529.58 feet and a chord that bears North 14 degrees 15
317313 minutes 32 seconds West, a distance of 802.36 feet;
318314 30. North 10 degrees 05 minutes 54 seconds West, a distance
319315 of 516.07 feet;
320316 31. North 10 degrees 05 minutes 54 seconds West, a distance
321317 of 300.00 feet;
322318 32. North 10 degrees 05 minutes 54 seconds West, a distance
323319 of 415.32 feet;
324320 33. 1,374.38 feet along the arc of a curve to the left, said
325321 curve having a central angle of 25 degrees 41 minutes 38 seconds, a
326322 radius of 3,064.79 feet and a chord that bears North 22 degrees 56
327323 minutes 43 seconds West, a distance of 1,362.89 feet;
328324 34. North 07 degrees 44 minutes 45 seconds West, a distance
329325 of 123.56 feet;
330326 35. 219.14 feet (called 214.12 feet) along the arc of a
331327 curve to the left, said curve having a central angle of 04 degrees
332328 01 minutes 06 seconds, a radius of 3,124.79 feet and a chord that
333329 bears North 39 degrees 48 minutes 05 seconds West, a distance of
334330 219.10 feet to the Point of Beginning and containing 505.83 acres of
335331 land.
336332 TRACT 2 - 344.04 ACRES:
337333 Being a 344.04-acre tract of land, located in the J.D.
338334 Cochran Survey, A-123 in Montgomery County, Texas; said 344.04-acre
339335 tract being out of a called 1295.994-acre tract of land conveyed to
340336 Primewood Investments, LP in Clerk's File Number 99074137 of the
341337 Official Public Records of Real Property of Montgomery County Texas
342338 (O.P.R.R.P.M.C.T.); said 344.04-acre tract being more particularly
343339 described by metes and bounds as follows (all bearings are
344340 referenced to the northwest line of said called 1295.994-acre
345341 tract):
346342 Beginning at a 5/8-inch iron rod (bent)found for a westerly
347343 corner of said called 1295.994-acre tract, same being on the
348344 southwesterly line of said J.D. Cochran Survey;
349345 1. Thence, with the southwest line of said called
350346 1295.994-acre tract, North 22 degrees 08 minutes 07 seconds East, a
351347 distance of 273.34 feet to an axle found;
352348 2. Thence, continuing with said southwest line, North 47
353349 degrees 37 minutes 18 seconds West, a distance of 85.96 feet to the
354350 south corner of a called 4.080-acre tract of land recorded in
355351 Clerk's File Number 2008111916 of the O.P.R.R.P.M.C.T.;
356352 Thence, with the southeast, northeast and northwest lines of
357353 said 4.080-acre tract common with a southerly interior line of said
358354 called 1295.994-acre tract, the following three (3) courses:
359355 3. North 44 degrees 38 minutes 41 seconds East, a distance
360356 of 485.30 feet;
361357 4. North 49 degrees 09 minutes 03 seconds West, a distance
362358 of 370.80 feet;
363359 5. South 44 degrees 38 minutes 42 seconds West, a distance
364360 of 475.40 feet to the west corner of aforesaid called 4.080-acre
365361 tract and exterior corner of aforesaid 1295.994 acre tract;
366362 6. Thence, continuing with the southwest line of said called
367363 1295.994-acre tract, North 47 degrees 37 minutes 18 seconds West, a
368364 distance of 25.00 feet;
369365 7. Thence, with the northwest line of said called
370366 1295.994-acre tract, North 44 degrees 34 minutes 39 seconds East, a
371367 distance of 736.16 feet;
372368 8. Thence, continuing with the northwest line of said called
373369 1295.994-acre tract, North 44 degrees 52 minutes 56 seconds East, a
374370 distance of 808.31 feet;
375371 Thence, through said called 1295.994-acre tract, the
376372 following seven (7) courses:
377373 9. 1,450.72 feet along the arc of a curve to the right, said
378374 curve having a central angle of 10 degrees 23 minutes 24 seconds, a
379375 radius of 8,000.00 feet and a chord that bears South 82 degrees 21
380376 minutes 13 seconds East, a distance of 1,448.73 feet;
381377 10. South 77 degrees 09 minutes 31 seconds East, a distance
382378 of 335.90 feet;
383379 11. 1,858.47 feet along the arc of a curve to the left, said
384380 curve having a central angle of 13 degrees 18 minutes 37 seconds, a
385381 radius of 8,000.00 feet and a chord that bears South 83 degrees 48
386382 minutes 49 seconds East, a distance of 1,854.29 feet;
387383 12. South 00 degrees 28 minutes 20 seconds East, a distance
388384 of 3,754.11 feet;
389385 13. 1,342.91 feet along the arc of a curve to the right, said
390386 curve having a central angle of 19 degrees 14 minutes 09 seconds, a
391387 radius of 4,000.00 feet and a chord that bears South 09 degrees 08
392388 minutes 44 seconds West, a distance of 1,336.62 feet;
393389 14. North 47 degrees 50 minutes 58 seconds West, a distance
394390 of 492.91 feet;
395391 15. North 47 degrees 50 minutes 58 seconds West, a distance
396392 of 2,930.27 feet to a westerly interior corner of aforesaid called
397393 1295.994-acre tract;
398394 16. Thence, with the southwest line of said called
399395 1295.944-acre tract, North 47 degrees 39 minutes 46 seconds West, a
400396 distance of 2,329.59 feet to the Point of Beginning and containing
401397 344.04 acres of land.
402398 TRACT 3 - 602.53 ACRES:
403399 Being a 209.21-acre tract of land (Tract A) and a 393.32-acre
404400 tract of land (Tract B), both located in the J.D. Cochran Survey,
405401 A-123 in Montgomery County, Texas; said 209.21-acre tract being out
406402 of a called 1295.994-acre tract of land conveyed to Primewood
407403 Investments, LP in Clerk's File Number 99074137 and said
408404 393.32-acre tract being out of a called 2,253.2253-acre tract of
409405 land conveyed to Terra Investments, LP in Clerk's File Number
410406 2004023496, both of the Official Public Records of Real Property of
411407 Montgomery County Texas (O.P.R.R.P.M.C.T.); said tracts being more
412408 particularly described by metes and bounds as follows (all bearings
413409 are referenced to the northwest line of said called 1295.994-acre
414410 tract):
415411 TRACT A - 209.21 ACRES:
416412 Beginning at a 3-inch iron pipe found for the north corner of
417413 a called 38.52-acre tract of land recorded in Clerk's File Number
418414 9471668 of the O.P.R.R.P.M.C.T. and a northeasterly corner of said
419415 called 1295.994, same being the north corner of a called
420416 43.0969-acre tract (Ninth Tract) and on the southwesterly line of a
421417 called 26.3229- acre tract of land (Tenth Tract) both described in
422418 Clerk's File Number 2004023496 of the O.P.R.R.P.M.C.T.;
423419 Thence, with the common line of said called 1295.994-acre
424420 tract and said called 38.52-acre tract, the following five (5)
425421 courses:
426422 1. South 41 degrees 42 minutes 29 seconds West, a distance
427423 of 1,630.66 feet to a concrete monument found;
428424 2. South 47 degrees 58 minutes 31 seconds East, a distance
429425 of 1,233.64 feet to a concrete monument found;
430426 3. North 42 degrees 11 minutes 59 seconds East, a distance
431427 of 587.70 feet;
432428 4. South 24 degrees 12 minutes 25 seconds East, a distance
433429 of 500.00 feet;
434430 5. North 42 degrees 12 minutes 04 seconds East, a distance
435431 of 439.67 feet to the east corner of aforesaid called 43.0969-acre
436432 tract, same being on the common line of aforesaid called
437433 26.3229-acre tract and aforesaid called 1295.994-acre tract;
438434 6. Thence, with said common line, South 24 degrees 12
439435 minutes 25 seconds East, a distance of 938.29 feet;
440436 Thence, through said called 1295.994-acre tract, the
441437 following six (6) courses:
442438 7. 1,679.81 feet along the arc of a curve to the right, said
443439 curve having a central angle of 12 degrees 01 minutes 51 seconds, a
444440 radius of 8,000.00 feet and a chord that bears South 83 degrees 30
445441 minutes 57 seconds West, a distance of 1,676.73 feet;
446442 8. North 00 degrees 28 minutes 21 seconds West, a distance
447443 of 1.74 feet;
448444 9. South 00 degrees 28 minutes 21 seconds East, a distance
449445 of 1.74 feet;
450446 10. 1,858.47 feet along the arc of a curve to the right, said
451447 curve having a central angle of 13 degrees 18 minutes 37 seconds, a
452448 radius of 8,000.00 feet and a chord that bears North 83 degrees 48
453449 minutes 49 seconds West, a distance of 1,854.29 feet;
454450 11. North 77 degrees 09 minutes 31 seconds West, a distance
455451 of 335.90 feet;
456452 12. 1,450.73 feet along the arc of a curve to the left, said
457453 curve having a central angle of 10 degrees 23 minutes 24 seconds, a
458454 radius of 8,000.00 feet and a chord that bears North 82 degrees 21
459455 minutes 13 seconds West, a distance of 1,448.74 feet to the
460456 northwest line of aforesaid called 1295.994-acre tract;
461457 Thence, with said northwest line, the following seven (7)
462458 courses:
463459 13. North 44 degrees 53 minutes 03 seconds East, a distance
464460 of 230.17 feet;
465461 14. North 44 degrees 10 minutes 27 seconds East, a distance
466462 of 494.99 feet;
467463 15. North 42 degrees 48 minutes 40 seconds East, a distance
468464 of 1,020.09 feet;
469465 16. North 41 degrees 02 minutes 20 seconds East, a distance
470466 of 705.64 feet;
471467 17. North 41 degrees 16 minutes 52 seconds East, a distance
472468 of 919.78 feet;
473469 18. North 41 degrees 34 minutes 29 seconds East, a distance
474470 of 189.21 feet;
475471 19. North 41 degrees 15 minutes 36 seconds East, a distance
476472 of 462.69 feet to the center line of Mills Creek, same being a
477473 northwesterly corner of said called 1295.994-acre tract;
478474 Thence, with the meanders of the centerline of said Mills
479475 Creek and the north line of said called 1295.994-acre tract, the
480476 following thirty-one (31) courses:
481477 20. South 58 degrees 09 minutes 25 seconds East, a distance
482478 of 18.91 feet;
483479 21. North 75 degrees 25 minutes 05 seconds East, a distance
484480 of 44.23 feet;
485481 22. North 76 degrees 29 minutes 06 seconds East, a distance
486482 of 46.94 feet;
487483 23. South 80 degrees 42 minutes 55 seconds East, a distance
488484 of 64.72 feet;
489485 24. South 86 degrees 50 minutes 45 seconds East, a distance
490486 of 60.53 feet;
491487 25. North 36 degrees 39 minutes 15 seconds East, a distance
492488 of 73.15 feet;
493489 26. North 18 degrees 33 minutes 02 seconds West, a distance
494490 of 57.31 feet;
495491 27. North 18 degrees 45 minutes 50 seconds East, a distance
496492 of 83.26 feet;
497493 28. North 27 degrees 55 minutes 55 seconds East, a distance
498494 of 34.76 feet;
499495 29. South 85 degrees 18 minutes 17 seconds East, a distance
500496 of 34.54 feet;
501497 30. South 29 degrees 46 minutes 38 seconds East, a distance
502498 of 30.04 feet;
503499 31. South 17 degrees 21 minutes 13 seconds East, a distance
504500 of 55.65 feet;
505501 32. South 02 degrees 17 minutes 41 seconds West, a distance
506502 of 19.33 feet;
507503 33. South 25 degrees 27 minutes 35 seconds West, a distance
508504 of 31.69 feet;
509505 34. South 36 degrees 58 minutes 17 seconds East, a distance
510506 of 29.30 feet;
511507 35. North 66 degrees 24 minutes 25 seconds East, a distance
512508 of 27.50 feet;
513509 36. North 30 degrees 38 minutes 53 seconds East, a distance
514510 of 68.33 feet;
515511 37. North 66 degrees 53 minutes 07 seconds East, a distance
516512 of 42.01 feet;
517513 38. South 69 degrees 35 minutes 09 seconds East, a distance
518514 of 51.93 feet;
519515 39. South 83 degrees 58 minutes 20 seconds East, a distance
520516 of 33.40 feet;
521517 40. South 57 degrees 01 minutes 02 seconds East, a distance
522518 of 20.46 feet;
523519 41. South 55 degrees 56 minutes 01 seconds East, a distance
524520 of 45.88 feet;
525521 42. South 52 degrees 24 minutes 02 seconds East, a distance
526522 of 35.24 feet;
527523 43. North 85 degrees 55 minutes 25 seconds East, a distance
528524 of 35.59 feet;
529525 44. North 73 degrees 28 minutes 31 seconds East, a distance
530526 of 45.24 feet;
531527 45. North 53 degrees 54 minutes 24 seconds East, a distance
532528 of 41.78 feet;
533529 46. North 15 degrees 19 minutes 11 seconds West, a distance
534530 of 36.63 feet;
535531 47. North 39 degrees 16 minutes 38 seconds West, a distance
536532 of 61.69 feet;
537533 48. North 22 degrees 42 minutes 12 seconds West, a distance
538534 of 26.40 feet;
539535 49. North 71 degrees 43 minutes 49 seconds East, a distance
540536 of 98.69 feet;
541537 50. South 83 degrees 02 minutes 24 seconds East, a distance
542538 of 172.00 feet to the northwest corner of aforesaid called
543539 26.3229-acre tract;
544540 Thence, with the southwest line of said called 26.3229-acre
545541 tract and the northeast line of aforesaid called 1295.994-acre
546542 tract, the following three (3) courses:
547543 51. South 24 degrees 12 minutes 25 seconds East, a distance
548544 of 750.22 feet;
549545 52. North 65 degrees 47 minutes 35 seconds East, a distance
550546 of 100.00 feet;
551547 53. South 24 degrees 12 minutes 25 seconds East, a distance
552548 of 275.57 feet to the Point of Beginning and containing 209.21 acres
553549 of land.
554550 TRACT B - 393.32 ACRES:
555551 Beginning at a 5/8-inch iron rod found for the most easterly
556552 corner of the aforesaid Tenth Tract and the most southerly corner of
557553 a called 23.686-acre Houston Lighting and Power Company easement
558554 recorded in Clerk's File number 8316278 of the O.P.R.R.P.M.C.T.,
559555 same being on the southeasterly line of aforesaid called
560556 2,253.2253-acre tract and the northwesterly line of Decker Woods, a
561557 subdivision recorded in Cabinet C, Sheets 109 A and B of the
562558 Montgomery County Plat Records (M.C.P.R.)
563559 Thence, with the common line of said Tenth Tract and said
564560 called 23.686-acre tract, the following fifteen (15) courses:
565561 1. North 24 degrees 12 minutes 25 seconds West, a distance
566562 of 863.48 feet to a 1/2-iron rod found;
567563 2. North 65 degrees 47 minutes 35 seconds East, a distance
568564 of 50.00 feet to a 1/2-iron rod found;
569565 3. North 24 degrees 12 minutes 25 seconds West, a distance
570566 of 1,700.00 feet;
571567 4. South 65 degrees 47 minutes 35 seconds West, a distance
572568 of 50.00 feet;
573569 5. North 24 degrees 12 minutes 25 seconds West, a distance
574570 of 1,001.00 feet;
575571 6. North 65 degrees 47 minutes 35 seconds East, a distance
576572 of 50.00 feet;
577573 7. North 24 degrees 12 minutes 25 seconds West, a distance
578574 of 1,501.00 feet;
579575 8. South 65 degrees 47 minutes 35 seconds West, a distance
580576 of 50.00 feet;
581577 9. North 24 degrees 12 minutes 25 seconds West, a distance
582578 of 1,000.00 feet;
583579 10. North 65 degrees 47 minutes 35 seconds East, a distance
584580 of 25.00 feet;
585581 11. North 24 degrees 12 minutes 25 seconds West, a distance
586582 of 300.00 feet;
587583 12. South 65 degrees 47 minutes 35 seconds West, a distance
588584 of 25.00 feet;
589585 13. North 24 degrees 12 minutes 25 seconds West, a distance
590586 of 400.00 feet;
591587 14. North 65 degrees 47 minutes 35 seconds East, a distance
592588 of 100.00 feet to 5/8-inch iron rod (bent) found;
593589 15. North 24 degrees 12 minutes 25 seconds West, a distance
594590 of 261.27 feet to the most easterly northeast corner of aforesaid
595591 Tenth Tract and the most northerly northwest corner of aforesaid
596592 called 23.686-acre tract, same being on the north line of aforesaid
597593 called 2,253.2253-acre tract in the centerline of Mill Creek;
598594 Thence, with the north line of said called 2,253.2253-acre
599595 tract common with the meanders of the centerline of said Mill Creek,
600596 the following forty-three (43) courses;
601597 16. North 86 degrees 04 minutes 11 seconds East, a distance
602598 of 16.99 feet;
603599 17. North 65 degrees 03 minutes 06 seconds East, a distance
604600 of 35.22 feet;
605601 18. North 28 degrees 51 minutes 31 seconds East, a distance
606602 of 24.61 feet;
607603 19. North 38 degrees 48 minutes 42 seconds East, a distance
608604 of 22.80 feet;
609605 20. North 55 degrees 36 minutes 13 seconds East, a distance
610606 of 32.36 feet;
611607 21. North 78 degrees 50 minutes 25 seconds East, a distance
612608 of 74.30 feet;
613609 22. North 50 degrees 08 minutes 54 seconds East, a distance
614610 of 28.09 feet;
615611 23. North 26 degrees 11 minutes 13 seconds East, a distance
616612 of 22.71 feet;
617613 24. North 19 degrees 28 minutes 17 seconds East, a distance
618614 of 26.11 feet;
619615 25. North 14 degrees 06 minutes 25 seconds West, a distance
620616 of 20.13 feet;
621617 26. North 42 degrees 38 minutes 46 seconds West, a distance
622618 of 43.42 feet;
623619 27. North 12 degrees 00 minutes 05 seconds West, a distance
624620 of 113.03 feet;
625621 28. North 39 degrees 02 minutes 17 seconds East, a distance
626622 of 34.22 feet;
627623 29. South 69 degrees 43 minutes 50 seconds East, a distance
628624 of 27.69 feet;
629625 30. South 30 degrees 14 minutes 18 seconds East, a distance
630626 of 56.66 feet;
631627 31. North 36 degrees 24 minutes 53 seconds East, a distance
632628 of 29.94 feet;
633629 32. North 44 degrees 53 minutes 54 seconds East, a distance
634630 of 37.03 feet;
635631 33. North 03 degrees 15 minutes 42 seconds West, a distance
636632 of 51.37 feet;
637633 34. North 49 degrees 56 minutes 32 seconds East, a distance
638634 of 29.20 feet;
639635 35. South 82 degrees 03 minutes 05 seconds East, a distance
640636 of 102.24 feet;
641637 36. North 14 degrees 15 minutes 56 seconds East, a distance
642638 of 47.43 feet;
643639 37. North 70 degrees 36 minutes 01 seconds East, a distance
644640 of 52.42 feet;
645641 38. North 61 degrees 12 minutes 25 seconds East, a distance
646642 of 104.30 feet;
647643 39. North 20 degrees 17 minutes 28 seconds West, a distance
648644 of 166.23 feet;
649645 40. North 62 degrees 49 minutes 54 seconds West, a distance
650646 of 40.61 feet;
651647 41. North 32 degrees 41 minutes 01 seconds East, a distance
652648 of 40.55 feet;
653649 42. North 60 degrees 40 minutes 18 seconds West, a distance
654650 of 46.50 feet;
655651 43. North 30 degrees 09 minutes 24 seconds East, a distance
656652 of 37.94 feet;
657653 44. North 43 degrees 46 minutes 37 seconds West, a distance
658654 of 42.24 feet;
659655 45. North 45 degrees 55 minutes 50 seconds East, a distance
660656 of 37.07 feet;
661657 46. North 08 degrees 17 minutes 58 seconds East, a distance
662658 of 142.81 feet;
663659 47. North 33 degrees 29 minutes 34 seconds East, a distance
664660 of 100.25 feet;
665661 48. North 64 degrees 02 minutes 14 seconds West, a distance
666662 of 59.00 feet;
667663 49. North 71 degrees 17 minutes 47 seconds East, a distance
668664 of 133.57 feet;
669665 50. North 64 degrees 02 minutes 14 seconds West, a distance
670666 of 100.00 feet;
671667 51. North 68 degrees 32 minutes 18 seconds East, a distance
672668 of 140.42 feet;
673669 52. North 64 degrees 02 minutes 14 seconds West, a distance
674670 of 104.80 feet;
675671 53. North 72 degrees 14 minutes 34 seconds East, a distance
676672 of 151.92 feet;
677673 54. North 07 degrees 44 minutes 37 seconds East, a distance
678674 of 67.17 feet;
679675 55. North 57 degrees 14 minutes 54 seconds West, a distance
680676 of 42.30 feet;
681677 56. North 12 degrees 46 minutes 20 seconds East, a distance
682678 of 26.29 feet;
683679 57. North 13 degrees 07 minutes 58 seconds East, a distance
684680 of 99.07 feet;
685681 58. North 26 degrees 58 minutes 13 seconds East, a distance
686682 of 44.75 feet (called 45.08 feet) to a northerly corner of aforesaid
687683 called 2,253.2253-acre tract, same being the common line of
688684 aforesaid J.D. Cochran Survey and the J.H. Smith Survey, A-553;
689685 59. Thence, with the northeast line of said called
690686 2,253.2253-acre tract, same being the common line of said J.D.
691687 Cochran Survey and J.H. Smith Survey, South 47 degrees 56 minutes 17
692688 seconds East, a distance of 2,140.08 feet (called 2140.82 feet) to
693689 an angle iron found for the north corner of a called 55-acre tract
694690 recorded in Volume 189, Page 286 of the Montgomery County Deed
695691 Records;
696692 60. Thence, with the north line of said called 55-acre tract
697693 and a southerly interior line of said called 2,253.2253-acre tract,
698694 South 42 degrees 29 minutes 43 seconds West, a distance of 1,756.17
699695 feet (called 1727.49) to the west corner of said called 55-acre
700696 tract, same being the centerline of aforesaid Mills Creek;
701697 Thence, with the meanders of the centerline of said Mills
702698 Creek and an interior line of said called 2,253.2253-acre tract,
703699 the following thirty-six (36) courses
704700 61. South 64 degrees 41 minutes 47 seconds East, a distance
705701 of 2.74 feet;
706702 62. South 21 degrees 48 minutes 18 seconds East, a distance
707703 of 52.81 feet;
708704 63. South 64 degrees 41 minutes 36 seconds East, a distance
709705 of 54.96 feet;
710706 64. South 83 degrees 18 minutes 32 seconds East, a distance
711707 of 61.10 feet;
712708 65. South 54 degrees 20 minutes 49 seconds East, a distance
713709 of 27.20 feet;
714710 66. South 11 degrees 07 minutes 49 seconds East, a distance
715711 of 113.60 feet;
716712 67. South 27 degrees 09 minutes 49 seconds East, a distance
717713 of 45.71 feet;
718714 68. South 07 degrees 58 minutes 28 seconds East, a distance
719715 of 42.29 feet;
720716 69. South 17 degrees 45 minutes 44 seconds East, a distance
721717 of 32.30 feet;
722718 70. South 21 degrees 41 minutes 48 seconds East, a distance
723719 of 61.06 feet;
724720 71. South 44 degrees 44 minutes 07 seconds East, a distance
725721 of 56.04 feet;
726722 72. South 34 degrees 40 minutes 32 seconds East, a distance
727723 of 30.79 feet;
728724 73. South 55 degrees 36 minutes 46 seconds East, a distance
729725 of 90.41 feet;
730726 74. South 73 degrees 54 minutes 21 seconds East, a distance
731727 of 118.49 feet;
732728 75. South 85 degrees 59 minutes 57 seconds East, a distance
733729 of 83.51 feet;
734730 76. North 84 degrees 57 minutes 13 seconds East, a distance
735731 of 116.43 feet;
736732 77. North 57 degrees 37 minutes 43 seconds East, a distance
737733 of 140.93 feet;
738734 78. South 57 degrees 05 minutes 09 seconds East, a distance
739735 of 84.24 feet;
740736 79. South 17 degrees 30 minutes 52 seconds West, a distance
741737 of 51.67 feet;
742738 80. South 04 degrees 55 minutes 00 seconds East, a distance
743739 of 10.08 feet;
744740 81. South 31 degrees 47 minutes 41 seconds East, a distance
745741 of 55.23 feet;
746742 82. North 89 degrees 15 minutes 06 seconds East, a distance
747743 of 224.42 feet;
748744 83. South 48 degrees 47 minutes 25 seconds East, a distance
749745 of 107.54 feet;
750746 84. North 74 degrees 55 minutes 17 seconds East, a distance
751747 of 61.27 feet;
752748 85. South 78 degrees 55 minutes 54 seconds East, a distance
753749 of 121.00 feet;
754750 86. North 71 degrees 52 minutes 15 seconds East, a distance
755751 of 77.90 feet;
756752 87. North 49 degrees 58 minutes 05 seconds East, a distance
757753 of 278.38 feet;
758754 88. North 26 degrees 38 minutes 59 seconds East, a distance
759755 of 43.39 feet;
760756 89. North 09 degrees 39 minutes 19 seconds East, a distance
761757 of 135.91 feet;
762758 90. North 73 degrees 14 minutes 43 seconds East, a distance
763759 of 110.43 feet;
764760 91. North 72 degrees 44 minutes 00 seconds East, a distance
765761 of 130.57 feet;
766762 92. South 61 degrees 47 minutes 52 seconds East, a distance
767763 of 31.32 feet;
768764 93. South 14 degrees 45 minutes 20 seconds East, a distance
769765 of 47.51 feet;
770766 94. South 37 degrees 46 minutes 20 seconds East, a distance
771767 of 70.58 feet;
772768 95. South 79 degrees 12 minutes 47 seconds East, a distance
773769 of 37.44 feet;
774770 96. South 47 degrees 23 minutes 10 seconds East, a distance
775771 of 6.47 feet to the most easterly south corner of a called
776772 44.3605-acre tract recorded in Clerk's File Number 9342675 of the
777773 O.P.R.R.P.M.C.T.;
778774 97. Thence, with the common line of said called 44.3605-acre
779775 tract and said called 2,253.2253-acre tract, North 42 degrees 36
780776 minutes 51 seconds East, at 25.66 feet pass a 1-inch pipe found,
781777 continuing a total a distance of 557.63 feet to a northeasterly
782778 exterior corner of said called 2,253.2253-acre tract;
783779 98. Thence, with the northeast line of said 2,253.2253-acre
784780 tract, South 47 degrees 32 minutes 00 seconds East, a distance of
785781 2,965.39 feet (called 2965.05 feet) to the east corner of said
786782 called 2,253.2253-acre tract;
787783 99. Thence, with the southeast line of said called
788784 2,253.2253-acre tract, South 41 degrees 31 minutes 41 seconds West,
789785 a distance of 3,998.52 feet to a 4" X 4" concrete monument found;
790786 100. Thence, continuing with said southeast line, South 41
791787 degrees 31 minutes 03 seconds West, a distance of 446.14 feet
792788 (called S41°32'47"W, 446.10') to the Point of Beginning and
793789 containing 393.32 acres of land.
794790 TRACT 4 - 306.03 ACRES:
795791 Being a 306.03-acre tract of land, located in the J.D.
796792 Cochran Survey, A-123 in Montgomery County, Texas; said 306.03-acre
797793 tract being out of a called 1295.994-acre tract of land conveyed to
798794 Primewood Investments, LP in Clerk's File Number 99074137 of the
799795 Official Public Records of Real Property of Montgomery County Texas
800796 (O.P.R.R.P.M.C.T.); said 306.03-acre tract being more particularly
801797 described by metes and bounds as follows (all bearings are
802798 referenced to the northwest line of said called 1295.994-acre
803799 tract):
804800 Beginning at the most easterly corner of said called
805801 1295.994-acre tract and the most southerly corner of a called
806802 26.3329-acre tract of land (Tenth Tract) described in Clerk's File
807803 Number 2004023496 of the O.P.R.R.P.M.C.T. from which a 5/8-inch
808804 iron rod found for the most easterly corner of said called
809805 26.3229-acre tract bears N41°32'34"E, 109.67', same being on the
810806 common line of aforesaid J.D. Cochran Survey and the E. R. Hale
811807 Survey, A-264;
812808 54. Thence, with the southwest line of said called
813809 1295.994-acre tract, the northwest line of said E. R. Hale Survey
814810 and the southeast line of said J.D. Cochran Survey, South 41 degrees
815811 32 minutes 47 seconds West, at a distance of 2,079.24 feet pass and
816812 interior corner of said called 1295.994-acre tract, continuing
817813 through said called 1295.994-acre tract and with the common line of
818814 said J.D. Cochran Survey and the E.R Hale Survey, a total distance
819815 of 3698.53 feet to the south corner of said J.D. Cochran Survey and
820816 a northerly interior corner of said E.R. Hale Survey;
821817 55. Thence, with the common line of said J.D. Cochran Survey
822818 and said E.R. Hale Survey, North 47 degrees 50 minutes 58 seconds
823819 West, a distance of 1,298.58 feet;
824820 Thence, through said called 1295.994-acre tract, the
825821 following three (3) courses:
826822 56. 1,342.91 feet along the arc of a curve to the left, said
827823 curve having a central angle of 19 degrees 14 minutes 09 seconds, a
828824 radius of 4,000.00 feet and a chord that bears North 09 degrees 08
829825 minutes 44 seconds East, a distance of 1,336.62 feet;
830826 57. North 00 degrees 28 minutes 20 seconds West, a distance
831827 of 3,754.11 feet;
832828 58. 1,679.81 feet along the arc of a curve to the left, said
833829 curve having a central angle of 12 degrees 01 minutes 51 seconds, a
834830 radius of 8,000.00 feet and a chord that bears North 83 degrees 30
835831 minutes 57 seconds East, a distance of 1,676.73 feet to the
836832 southwest line of aforesaid called 26.3229-acre tract common with
837833 the northeast line of aforesaid called 1295.994-acre tract;
838834 Thence, with said common line, the following seven (7)
839835 courses:
840836 59. South 24 degrees 12 minutes 25 seconds East, a distance
841837 of 103.86 feet;
842838 60. North 65 degrees 47 minutes 35 seconds East, a distance
843839 of 50.00 feet;
844840 61. South 24 degrees 12 minutes 25 seconds East, a distance
845841 of 1,001.00 feet;
846842 62. South 65 degrees 47 minutes 35 seconds West, a distance
847843 of 50.00 feet;
848844 63. South 24 degrees 12 minutes 25 seconds East, a distance
849845 of 1,700.00 feet;
850846 64. North 65 degrees 47 minutes 35 seconds East, a distance
851847 of 50.00 feet;
852848 65. South 24 degrees 12 minutes 25 seconds East, a distance
853849 of 908.52 feet to the Point of Beginning and containing 306.03 acres
854850 of land.
855851 SECTION 3. (a) The legal notice of the intention to
856852 introduce this Act, setting forth the general substance of this
857853 Act, has been published as provided by law, and the notice and a
858854 copy of this Act have been furnished to all persons, agencies,
859855 officials, or entities to which they are required to be furnished
860856 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
861857 Government Code.
862858 (b) The governor, one of the required recipients, has
863859 submitted the notice and Act to the Texas Commission on
864860 Environmental Quality.
865861 (c) The Texas Commission on Environmental Quality has filed
866862 its recommendations relating to this Act with the governor, the
867863 lieutenant governor, and the speaker of the house of
868864 representatives within the required time.
869865 (d) All requirements of the constitution and laws of this
870866 state and the rules and procedures of the legislature with respect
871867 to the notice, introduction, and passage of this Act are fulfilled
872868 and accomplished.
873869 SECTION 4. (a) If this Act does not receive a two-thirds
874870 vote of all the members elected to each house, Subchapter C, Chapter
875871 8052, Special District Local Laws Code, as added by Section 1 of
876872 this Act, is amended by adding Section 8052.0307 to read as follows:
877873 Sec. 8052.0307. NO EMINENT DOMAIN POWER. The district may
878874 not exercise the power of eminent domain.
879875 (b) This section is not intended to be an expression of a
880876 legislative interpretation of the requirements of Section 17(c),
881877 Article I, Texas Constitution.
882878 SECTION 5. This Act takes effect immediately if it receives
883879 a vote of two-thirds of all the members elected to each house, as
884880 provided by Section 39, Article III, Texas Constitution. If this
885881 Act does not receive the vote necessary for immediate effect, this
886882 Act takes effect September 1, 2019.
887- * * * * *