Texas 2019 - 86th Regular

Texas Senate Bill SB2494 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9275 SLB-F
2	2	By: Kolkhorst S.B. No. 2494
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Harris-Waller Counties Municipal
8	8	Utility District No. 4; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8047 to read as follows:
14	14	CHAPTER 8047. HARRIS-WALLER COUNTIES MUNICIPAL UTILITY DISTRICT
15	15	NO. 4
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 8047.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Harris-Waller Counties
23	23	Municipal Utility District No. 4.
24	24	Sec. 8047.0102. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 8047.0103. CONFIRMATION AND DIRECTOR ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 8047.0104. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section
33	33	8047.0103 until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district.
37	37	Sec. 8047.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	38	(a) The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, improvement, operation,
44	44	or maintenance of macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 8047.0106. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act enacting this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act enacting this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	SUBCHAPTER B. BOARD OF DIRECTORS
60	60	Sec. 8047.0201. GOVERNING BODY; TERMS. (a) The district is
61	61	governed by a board of five elected directors.
62	62	(b) Except as provided by Section 8047.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 8047.0202. TEMPORARY DIRECTORS. (a) The temporary
65	65	board consists of:
66	66	(1) Ruth Delaney;
67	67	(2) Tracy Butcher;
68	68	(3) Erica Tabrizi;
69	69	(4) Virginia Bryant; and
70	70	(5) Way Denkler.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 8047.0103; or
74	74	(2) the fourth anniversary of the effective date of
75	75	the Act enacting this chapter.
76	76	(c) If permanent directors have not been elected under
77	77	Section 8047.0103 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 8047.0103; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the commission requesting that the
88	88	commission appoint as successor temporary directors the five
89	89	persons named in the petition. The commission shall appoint as
90	90	successor temporary directors the five persons named in the
91	91	petition.
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 8047.0301. GENERAL POWERS AND DUTIES. The district
94	94	has the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 8047.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 8047.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
102	102	52, Article III, Texas Constitution, the district may design,
103	103	acquire, construct, finance, issue bonds for, improve, operate,
104	104	maintain, and convey to this state, a county, or a municipality for
105	105	operation and maintenance macadamized, graveled, or paved roads, or
106	106	improvements, including storm drainage, in aid of those roads.
107	107	Sec. 8047.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
108	108	road project must meet all applicable construction standards,
109	109	zoning and subdivision requirements, and regulations of each
110	110	municipality in whose corporate limits or extraterritorial
111	111	jurisdiction the road project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards,
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 8047.0305. COMPLIANCE WITH MUNICIPAL CONSENT
121	121	ORDINANCE OR RESOLUTION. The district shall comply with all
122	122	applicable requirements of any ordinance or resolution that is
123	123	adopted under Section 54.016 or 54.0165, Water Code, and that
124	124	consents to the creation of the district or to the inclusion of land
125	125	in the district.
126	126	Sec. 8047.0306. DIVISION OF DISTRICT. (a) The district may
127	127	be divided into two or more new districts only if:
128	128	(1) the district has no outstanding bonded debt; and
129	129	(2) the district is not imposing ad valorem taxes.
130	130	(b) This chapter applies to any new district created by the
131	131	division of the district, and a new district has all the powers and
132	132	duties of the district.
133	133	(c) Any new district created by the division of the district
134	134	may not, at the time the new district is created, contain any land
135	135	outside the area described by Section 2 of the Act enacting this
136	136	chapter.
137	137	(d) The board, on its own motion or on receipt of a petition
138	138	signed by the owner or owners of a majority of the assessed value of
139	139	the real property in the district, may adopt an order dividing the
140	140	district.
141	141	(e) The board may adopt an order dividing the district
142	142	before or after the date the board holds an election under Section
143	143	8047.0103 to confirm the creation of the district.
144	144	(f) An order dividing the district shall:
145	145	(1) name each new district;
146	146	(2) include the metes and bounds description of the
147	147	territory of each new district;
148	148	(3) appoint temporary directors for each new district;
149	149	and
150	150	(4) provide for the division of assets and liabilities
151	151	between or among the new districts.
152	152	(g) On or before the 30th day after the date of adoption of
153	153	an order dividing the district, the district shall file the order
154	154	with the commission and record the order in the real property
155	155	records of each county in which the district is located.
156	156	(h) Any new district created by the division of the district
157	157	shall hold a confirmation and directors' election as required by
158	158	Section 8047.0103.
159	159	(i) If the creation of the new district is confirmed, the
160	160	new district shall provide the election date and results to the
161	161	commission.
162	162	(j) Any new district created by the division of the district
163	163	must hold an election as required by this chapter to obtain voter
164	164	approval before the district may impose a maintenance tax or issue
165	165	bonds payable wholly or partly from ad valorem taxes.
166	166	(k) Municipal consent to the creation of the district and to
167	167	the inclusion of land in the district granted under Section
168	168	8047.0104 acts as municipal consent to the creation of any new
169	169	district created by the division of the district and to the
170	170	inclusion of land in the new district.
171	171	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
172	172	Sec. 8047.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
173	173	The district may issue, without an election, bonds and other
174	174	obligations secured by:
175	175	(1) revenue other than ad valorem taxes; or
176	176	(2) contract payments described by Section 8047.0403.
177	177	(b) The district must hold an election in the manner
178	178	provided by Chapters 49 and 54, Water Code, to obtain voter approval
179	179	before the district may impose an ad valorem tax or issue bonds
180	180	payable from ad valorem taxes.
181	181	(c) The district may not issue bonds payable from ad valorem
182	182	taxes to finance a road project unless the issuance is approved by a
183	183	vote of a two-thirds majority of the district voters voting at an
184	184	election held for that purpose.
185	185	Sec. 8047.0402. OPERATION AND MAINTENANCE TAX. (a) If
186	186	authorized at an election held under Section 8047.0401, the
187	187	district may impose an operation and maintenance tax on taxable
188	188	property in the district in accordance with Section 49.107, Water
189	189	Code.
190	190	(b) The board shall determine the tax rate. The rate may not
191	191	exceed the rate approved at the election.
192	192	Sec. 8047.0403. CONTRACT TAXES. (a) In accordance with
193	193	Section 49.108, Water Code, the district may impose a tax other than
194	194	an operation and maintenance tax and use the revenue derived from
195	195	the tax to make payments under a contract after the provisions of
196	196	the contract have been approved by a majority of the district voters
197	197	voting at an election held for that purpose.
198	198	(b) A contract approved by the district voters may contain a
199	199	provision stating that the contract may be modified or amended by
200	200	the board without further voter approval.
201	201	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
202	202	Sec. 8047.0501. AUTHORITY TO ISSUE BONDS AND OTHER
203	203	OBLIGATIONS. The district may issue bonds or other obligations
204	204	payable wholly or partly from ad valorem taxes, impact fees,
205	205	revenue, contract payments, grants, or other district money, or any
206	206	combination of those sources, to pay for any authorized district
207	207	purpose.
208	208	Sec. 8047.0502. TAXES FOR BONDS. At the time the district
209	209	issues bonds payable wholly or partly from ad valorem taxes, the
210	210	board shall provide for the annual imposition of a continuing
211	211	direct ad valorem tax, without limit as to rate or amount, while all
212	212	or part of the bonds are outstanding as required and in the manner
213	213	provided by Sections 54.601 and 54.602, Water Code.
214	214	Sec. 8047.0503. BONDS FOR ROAD PROJECTS. At the time of
215	215	issuance, the total principal amount of bonds or other obligations
216	216	issued or incurred to finance road projects and payable from ad
217	217	valorem taxes may not exceed one-fourth of the assessed value of the
218	218	real property in the district.
219	219	SECTION 2. The Harris-Waller Counties Municipal Utility
220	220	District No. 4 initially includes all the territory contained in
221	221	the following area:
222	222	TRACT 1 - 384.139 ACRES
223	223	Being a tract of land containing 384.139 acres located in the
224	224	H.&T.C.R.R. Co. Survey, Section 121, Abstract 201 (A-201), and the
225	225	J.W. McCutcheon Survey, Section 130, A-308, both in Waller County,
226	226	Texas. Said 384.139 acres being those certain call 383.1710 acre
227	227	and 1.00 acre tracts of land (styled "Tract 1" and "Tract 2",
228	228	respectively) recorded in the name of Kenneth Lee Freeman, Charles
229	229	Randall Freeman, David Wayne Freeman and Diana Lynn Ballard,
230	230	Trustees in Volume 471, Page 468 of the Waller County Deed Records
231	231	(W.C.D.R.). Said 384.139 acres being more particularly described
232	232	by metes and bounds as follows (bearings are referenced to the Texas
233	233	Coordinate System of 1983, South Central Zone, based on GPS
234	234	observations):
235	235	COMMENCING at a 1/2 inch iron rod found at the northwest
236	236	corner of said A-201, the northeast corner of the F. Eule Survey,
237	237	Section 112, A-373, the southeast corner of the H.&T.C.R.R. Co.
238	238	Survey, Section 111, A-172, and the F. Eule Survey, Section 120,
239	239	A-375, all in Waller County, Texas, being at the intersection of
240	240	Schlipf Road and Stockdick Road, and from which a 1/2 inch iron pipe
241	241	found at the northeast corner of said A-201 and northwest corner of
242	242	said A-308 bears North 87 degrees 59 minutes 16 seconds East, a
243	243	distance of 5,297.10 feet;
244	244	THENCE, with said Schlipf Road and the common line between
245	245	said A-201 and A-373, South 02 degrees 05 minutes 03 seconds East, a
246	246	distance of 2,779.90 feet to a Nail set in asphalt at the POINT OF
247	247	BEGINNING and northwest corner of aforesaid 383.1710 acre tract,
248	248	same being the southwest corner of the Dollins 281.50 acre tract;
249	249	THENCE, with the common line between said 383.1710 acre tract
250	250	and said Dollins 281.50 acre tract, North 87 degrees 54 minutes 31
251	251	seconds East, passing a 1/2 inch iron pipe found at 25.67 feet for
252	252	reference, and continuing for a total distance of 2,314.64 feet
253	253	(call 2,315.22 feet) to a 5/8 inch capped iron rod stamped "GBI
254	254	Partners" set at the northwest corner of the Dollins 10 acre tract;
255	255	THENCE, with the common lines between said 383.1710 acre
256	256	tract and said Dollins 10 acre tract, the following two (2) courses:
257	257	1.) South 02 degrees 05 minutes 59 seconds East, a
258	258	distance of 684.50 feet to a 5/8 inch capped iron rod stamped
259	259	"GBI Partners" set at the southwest corner of said Dollins 10
260	260	acre tract;
261	261	2.) North 87 degrees 54 minutes 31 seconds East, a
262	262	distance of 405.00 feet to a 5/8 inch capped iron rod stamped
263	263	"GBI Partners" set at the most southerly southeast corner of
264	264	said Dollins 10 acre tract, same being the southwest corner
265	265	of the aforesaid 1.00 acre tract;
266	266	THENCE, with the common lines between said 1.00 acre tract
267	267	and said Dollins 10 acre tract, the following two (2) courses:
268	268	1.) North 02 degrees 05 minutes 59 seconds West, a
269	269	distance of 159.00 feet to a 5/8 inch capped iron rod stamped
270	270	"GBI Partners" set at the northwest corner of said 1.00 acre
271	271	tract;
272	272	2.) South 87 degrees 41 minutes 42 seconds East, a
273	273	distance of 295.87 feet to a 5/8 inch capped iron rod stamped
274	274	"GBI Partners" set at the most easterly southeast corner of
275	275	said Dollins 10 acre tract, the northeast corner of said 1.00
276	276	acre tract and being on the most easterly west line of
277	277	aforesaid 383.1710 acre tract;
278	278	THENCE, with a common line between said 383.1710 acre tract
279	279	and said Dollins 10 acre tract, North 02 degrees 05 minutes 59
280	280	seconds West, a distance of 548.18 feet to a 5/8 inch capped iron
281	281	rod stamped "GBI Partners" set at the northeast corner of said
282	282	Dollins 10 acre tract and being on the south line of the aforesaid
283	283	Dollins 281.50 acre tract;
284	284	THENCE, with the north line of said 383.1710 acre tract and
285	285	the south line of said Dollins 281.50 acre tract and the Dollins
286	286	88.30 acre and 499.65 acre tracts, North 87 degrees 54 minutes 31
287	287	seconds East, passing the common line between aforesaid A-201 and
288	288	A-308 at 2,284.28 feet, and continuing for a total distance of
289	289	3,846.71 feet to a 5/8 inch capped iron rod found at the northeast
290	290	corner of said 383.1710 acre tract;
291	291	THENCE, with the east line of said 383.1710 acre tract and
292	292	west line of said Dollins 499.65 acre tract, South 02 degrees 07
293	293	minutes 54 seconds East, passing a 3/4 inch capped iron rod found at
294	294	2,469.93 feet for reference, and continuing for a total distance of
295	295	2,508.30 feet to the southeast corner of said 383.1710 acre tract,
296	296	being in Clay Road (call 60 feet wide as described in Volume 106,
297	297	Page 492 of the W.C.D.R.) and on the common line between aforesaid
298	298	A-308 and the H.&T.C.R.R. Co. Survey, Section 127, A-205, in Waller
299	299	County, Texas, and from which point a found nail in asphalt bears
300	300	North 88 degrees 00 minutes 59 seconds East, a distance of 0.78
301	301	feet;
302	302	THENCE, with said common line, the common line between
303	303	aforesaid A-201 and the T. Reese Survey, Section 122, A-333, in
304	304	Waller County, Texas, the south line of said 383.1710 acre tract and
305	305	said Clay Road, South 88 degrees 00 minutes 59 seconds West, passing
306	306	a 1/2 inch iron pipe found at 1,562.87 feet for reference and being
307	307	at the southwest corner of said A-308, the southeast corner of said
308	308	A-201, the northeast corner of said A-333 and the northwest corner
309	309	of said A-205, and continuing for a total distance of 6,863.43 feet
310	310	to a 1/2 inch iron rod found under asphalt at the southwest corner
311	311	of said 383.1710 acre tract and said A-201, same being the northwest
312	312	corner of said A-333, the southeast corner of aforesaid A-373 and
313	313	the northeast corner of the H.&T.C.R.R. Co. Survey, Section 109,
314	314	A-171, in Waller County, Texas, and being at the intersection of
315	315	aforesaid Schlipf Road and Clay Road;
316	316	THENCE, with the west line of said 383.1710 acre tract, the
317	317	common line between said A-201 and A-373, and said Schlipf Road,
318	318	North 02 degrees 05 minutes 03 seconds West, a distance of 2,495.42
319	319	feet (call 2,495.62 feet) to the POINT OF BEGINNING and containing
320	320	384.139 acres of land.
321	321	TRACT 2 - 655.54 ACRES
322	322	A METES & BOUNDS description of a 655.54 acre tract of land in
323	323	the H. & T. C. Railroad Company Survey Section 121, Abstract 201,
324	324	and the J. W. McCutcheon Survey, Section 130, Abstract 308, Waller
325	325	County, Texas, and the J. W. McCutcheon Survey, Abstract 1713,
326	326	Harris County, Texas, being the residue of that certain called
327	327	1,277.0358 acre tract recorded in Volume 313, Page 416, Deed
328	328	Records, Waller County, Texas, with all bearings based upon the
329	329	Texas Coordinate System of 1983, South Central Zone, based upon GPS
330	330	observations.
331	331	Beginning at a Mag nail set with shiner at the intersection of
332	332	Schlipf Road and Stockdick School Road for the northwest corner of
333	333	said called 1,277.0358 acre tract, for the northwest corner and
334	334	Place of Beginning of the herein described tract, said point being
335	335	the northwest corner of said Section 121, same being the northeast
336	336	corner of the adjoining Fred Eule Survey, Abstract 373, the
337	337	southeast corner of the adjoining H. & T. C. Railroad Company
338	338	Survey, Section 111, Abstract 172, and the southwest corner of the
339	339	adjoining Fred Eule Survey, Abstract 375, and the southwest corner
340	340	of an adjoining called 162.614 acre tract recorded under County
341	341	Clerk's File Number 1700518, Official Records, Waller County,
342	342	Texas;
343	343	Thence North 87 degrees 59 minutes 38 seconds East (called
344	344	South 89 degrees 56 minutes 36 seconds East) along the north line of
345	345	the herein described tract, the north line of said called
346	346	1,277.0358 acre tract, and the north line of said Section 121, same
347	347	being the south line of said adjoining Fred Eule Survey, Abstract
348	348	375, and the south line of said adjoining called 162.614 acre tract,
349	349	at 2,669.63 feet pass a 1/2 inch iron pipe found on said line for the
350	350	southeast corner of said adjoining called 162.614 acre tract, same
351	351	being the southwest corner of an adjoining called 1,263.584 acre
352	352	tract recorded in Volume 449, Page 312, Deed Records, Waller
353	353	County, Texas, at 3,117.89 feet pass a 1/2 inch iron pipe found on
354	354	said line, and continuing for a total distance of 5,297.06 feet
355	355	(called 5,297.44 feet) to a 1/2 inch iron pipe found for angle
356	356	point, said point being the northeast corner of said Section 121,
357	357	same being the northwest corner of the aforementioned Section 130,
358	358	same being the southeast corner of said adjoining Fred Eule Survey,
359	359	Abstract 375, same being the southwest corner of the adjoining H. &
360	360	T. C. Railroad Company Survey, Section 129, Abstract 204;
361	361	Thence North 87 degrees 58 minutes 20 seconds East (called
362	362	South 89 degrees 56 minutes 36 seconds East) along the north line of
363	363	the herein described tract, the north line of said called
364	364	1,277.0358 acre tract, and the north line of said Section 130, same
365	365	being the south line of said adjoining called 1,263.584 acre tract,
366	366	and the south line of said adjoining Section 129, 5,242.80 feet
367	367	(called 5,242.24 feet) to a Mag nail set with shiner in the
368	368	intersection of Stockdick School Road and Pitts Road for the
369	369	northeast corner of the herein described tract, the northeast
370	370	corner of said called 1,277.0358 acre tract, and the northeast
371	371	corner of said Section 130, same being the southeast corner of said
372	372	adjoining called 1,263.584 acre tract, and the southeast corner of
373	373	said adjoining Section 129, the southwest corner of the adjoining
374	374	George Spencer Survey, Abstract 1366, and the northwest corner of
375	375	the adjoining H. & T. C. Railroad Company Survey, Section 79,
376	376	Abstract 464;
377	377	Thence South 02 degrees 04 minutes 22 seconds East (called
378	378	South) along the east line of the herein described tract, the east
379	379	line of said called 1,277.0358 acre tract, and the east line of said
380	380	Section 130, same being the west line of said adjoining Section 79,
381	381	as located in Pitts Road, 3,821.34 feet to a Mag nail set with
382	382	shiner for the upper southeast corner of the herein described
383	383	tract, being in the centerline of Cane Island Branch;
384	384	Thence along the centerline of Cane Island Branch, being the
385	385	common line of the herein described tract and an adjoining called
386	386	219.6424 acre tract recorded under County Clerk's File Number
387	387	1606411, Official Records, Waller County, Texas, with the following
388	388	courses and distances:
389	389	South 87 degrees 57 minutes 57 seconds West, 99.09 feet
390	390	(adjoiner called South 87 degrees 58 minutes 32 seconds West)
391	391	to beginning of a curve to the right;
392	392	Thence along said curve to the right having a central
393	393	angle of 30 degrees 51 minutes 03 seconds (adjoiner called 30
394	394	degrees 51 minutes 02 seconds), a radius of 724. 84 feet
395	395	(adjoiner called 724.84 feet), an arc length of 390.29 feet
396	396	(adjoiner called 390.29 feet), and a chord bearing North 76
397	397	degrees 36 minutes 32 seconds West, 385.59 feet (adjoiner
398	398	called North 76 degrees 35 minutes 51 seconds West, 385.59
399	399	feet) to the end of said curve;
400	400	North 61 degrees 11 minutes 00 seconds West, 2,960.39
401	401	feet (adjoiner called North 61 degrees 10 minutes 25 seconds
402	402	West, 2,960.39 feet);
403	403	North 49 degrees 39 minutes 44 seconds West, 1,105.19
404	404	feet (adjoiner called North 49 degrees 39 minutes 09 seconds
405	405	West, 1,105.19 feet);
406	406	North 40 degrees 00 minutes 50 seconds West, 1,195.05
407	407	feet (adjoiner called North 40 degrees 20 minutes 25 seconds
408	408	West and North 42 degrees 36 minutes 30 seconds West);
409	409	North 56 degrees 39 minutes 14 seconds West, 96.20 feet;
410	410	North 67 degrees 38 minutes 55 seconds West, 56.40 feet;
411	411	North 89 degrees 09 minutes 58 seconds West, 187.42 feet
412	412	to a point in the centerline of Cane Island Branch for a
413	413	reentry corner to the herein described tract, said point
414	414	being the northwest corner of an adjoining called 5.7438 acre
415	415	tract (Tract II) recorded under County Clerk's File Number
416	416	1606411, Official Records, Waller County, Texas;
417	417	Thence along the common line of the herein described tract
418	418	and said adjoining called 5.7438 acre tract, and the aforementioned
419	419	adjoining called 219.6424 acre tract, with the following courses
420	420	and distances:
421	421	South 02 degrees 06 minutes 10 seconds East, 836.00 feet
422	422	(adjoiner called South 02 degrees 06 minutes 10 seconds East,
423	423	836.50 feet) to a found 5/8 inch iron rod with cap marked
424	424	"EIC";
425	425	North 88 degrees 01 minute 59 seconds East, 305.32 feet
426	426	(adjoiner called North 87 degrees 53 minutes 50 seconds East,
427	427	306.00 feet) to a found 5/8 inch iron rod with cap marked
428	428	"EIC";
429	429	South 02 degrees 09 minutes 36 seconds East, 971.68 feet
430	430	(adjoiner called South 02 degrees 06 minutes 10 seconds East)
431	431	to a found 5/8 inch iron rod with cap marked "EIC";
432	432	North 87 degrees 55 minutes 45 seconds East, 577.92 feet
433	433	(adjoiner called North 87 degrees 53 minutes 35 seconds East,
434	434	578.24 feet) to a found 1/2 inch iron pipe with cap marked
435	435	"Kalkomey Surveying";
436	436	South 02 degrees 22 minutes 45 seconds East, 466.63 feet
437	437	(adjoiner called South 02 degrees 21 minutes 12 seconds East,
438	438	466.69 feet) to a found 5/8 inch iron rod with cap marked
439	439	"EIC";
440	440	North 87 degrees 52 minutes 27 seconds East, 383.91 feet
441	441	(adjoiner called North 87 degrees 53 minutes 35 seconds East,
442	442	383.89 feet) to a found 5/8 inch iron rod with cap marked
443	443	"EIC";
444	444	South 02 degrees 08 minutes 09 seconds East (adjoiner
445	445	called South 02 degrees 08 minutes 28 seconds East) at
446	446	2,541.19 feet pass a 1/2 inch iron pipe found on said line at
447	447	its intersection with the apparent occupied north
448	448	right-of-way line of Clay Road, and continuing for a total
449	449	distance of 2,579.28 feet to a Mag nail found with shiner for
450	450	the most southerly southeast corner of the herein described
451	451	tract, said point being in the south line of said called
452	452	1,277.0358 acre tract and the south line of said Section 130,
453	453	same being the north line of the adjoining H. & T. C. Railroad
454	454	Company Survey, Section 127, Abstract 205, from which point a
455	455	found PK nail bears North 05 degrees 22 minutes 33 seconds
456	456	West, 0.44 feet;
457	457	Thence South 88 degrees 00 minutes 42 seconds West (called
458	458	North 89 degrees 54 minutes 46 seconds West) along the southernmost
459	459	line of the herein described tract, the south line of said called
460	460	1,277.0358 acre tract, and the south line of said Section 130, same
461	461	being the north line of said adjoining Section 127, as located in
462	462	Clay Road, 70.00 feet to a Mag nail found with shiner for the most
463	463	southerly southwest corner of the herein described tract, same
464	464	being the southeast corner of an adjoining called 383.1710 acre
465	465	tract (Tract 1) recorded under County Clerk's File Number 1803887,
466	466	Official Records, Waller County, Texas, from which point a found PK
467	467	nail bears North 04 degrees 29 minutes 12 seconds West, 0.57 feet;
468	468	Thence North 02 degrees 09 minutes 18 seconds West (adjoiner
469	469	called North 00 degrees 03 minutes 10 seconds West) along the common
470	470	line of the herein described tract and said adjoining called
471	471	383.1710 acre tract, at 37.93 feet pass a 1/2 inch iron pipe with
472	472	cap marked "Kalkomey Surveying" found on said line at its
473	473	intersection with the apparent occupied north right-of-way line of
474	474	Clay Road, and continuing for a total distance of 2,508.22 feet
475	475	(adjoiner called 2,508.29 feet) to a 1/2 inch iron pipe with cap
476	476	marked "Kalkomey Surveying" found for a reentry corner to the
477	477	herein described tract, same being the northeast corner of said
478	478	adjoining called 383.1710 acre tract;
479	479	Thence South 87 degrees 54 minutes 31 seconds West (adjoiner
480	480	called South 89 degrees 58 minutes 53 seconds West) continuing
481	481	along said common line, 3,846.70 feet (adjoiner called 3,846.70
482	482	feet) to a 5/8 inch iron rod with cap marked "Jones Carter" set for
483	483	corner;
484	484	Thence South 02 degrees 06 minutes 27 seconds East (adjoiner
485	485	called South 00 degrees 01 minute 37 seconds East) continuing along
486	486	said common line, 548.18 feet to a 5/8 inch iron rod with cap marked
487	487	"Kalkomey Surveying" set for corner, said point being the northeast
488	488	corner of an adjoining called 1.00 acre tract (Tract 2) recorded
489	489	under County Clerk's File Number 1803887, Official Records, Waller
490	490	County, Texas, from which point a 3/4 inch iron rod found for the
491	491	southeast corner of said adjoining called 1.00 acre tract, same
492	492	being a reentry corner to said adjoining called 383.1710 acre
493	493	tract, bears South 02 degrees 06 minutes 27 seconds East, 136.61
494	494	feet;
495	495	Thence North 87 degrees 42 minutes 05 seconds West (adjoiner
496	496	called North 85 degrees 37 minutes 20 seconds West) along the common
497	497	line of the herein described tract and said adjoining called 1.00
498	498	acre tract, 295.87 feet (adjoiner called 295.87 feet) to a 5/8 inch
499	499	iron rod with cap marked "Kalkomey Surveying" set for a reentry
500	500	corner to the herein described tract, same being the northwest
501	501	corner of said adjoining called 1.00 acre tract;
502	502	Thence South 01 degree 31 minutes 04 seconds East (adjoiner
503	503	called South 00 degrees 01 minute 37 seconds East) continuing along
504	504	said common line, 159.00 feet (adjoiner called 159.00 feet) to a 5/8
505	505	inch iron rod with cap marked "Kalkomey Surveying" set for corner,
506	506	said point being the southwest corner of said adjoining called 1.00
507	507	acre tract, and being an interior line of the aforementioned
508	508	adjoining called 383.1710 acre tract;
509	509	Thence South 87 degrees 57 minutes 59 seconds West (adjoiner
510	510	called South 89 degrees 58 minutes 53 seconds West) along the common
511	511	line of the herein described tract and said adjoining called
512	512	383.1710 acre tract, 405.00 feet (adjoiner called 405.00 feet) to a
513	513	3/4 inch iron rod found for corner, said point being a reentry
514	514	corner to said adjoining called 383.1710 acre tract;
515	515	Thence North 01 degree 58 minutes 15 seconds West (adjoiner
516	516	called North 00 degrees 01 minute 37 seconds West) continuing along
517	517	said common line, 684.12 feet (adjoiner called 684.51 feet) to a
518	518	point in an 8-inch fence corner post for a reentry corner to the
519	519	herein described tract;
520	520	Thence South 87 degrees 54 minutes 31 seconds West (adjoiner
521	521	called South 89 degrees 58 minutes 53 seconds West) continuing
522	522	along said common line, at 2,288.94 feet pass a 1/2 inch iron pipe
523	523	found on said line at its intersection with the apparent occupied
524	524	east right-of-way line of Schlipf Road, and continuing for a total
525	525	distance of 2,314.47 feet (adjoiner called 2,315.22 feet) to a Mag
526	526	nail set with shiner for a southwest corner of the herein described
527	527	tract, same being the northwest corner of said adjoining called
528	528	383.1710 acre tract, said point being in the west line of said
529	529	called 1,277.0358 acre tract and the west line of the
530	530	aforementioned Section 121, same being the east line of the
531	531	aforementioned adjoining Fred Eule Survey, Abstract 373, from which
532	532	point a bolt spike found for the southwest corner of said adjoining
533	533	called 383.1710 acre tract bears South 02 degrees 05 minutes 05
534	534	seconds East, 2,495.34 feet (adjoiner called South 00 degrees 01
535	535	minute 07 seconds East, 2,495.62 feet);
536	536	Thence North 02 degrees 05 minutes 05 seconds West (called
537	537	North 00 degrees 01 minute 07 seconds West) along the west line of
538	538	the herein described tract, the west line of said called 1,277.0358
539	539	acre tract, and the west line of said Section 121, same being the
540	540	east line of said adjoining Fred Eule Survey, Abstract 373, as
541	541	located in Schlipf Road, 445.91 feet to a Mag nail set with shiner
542	542	for corner;
543	543	Thence North 87 degrees 53 minutes 06 seconds East, 25.00
544	544	feet to a 6-inch steel post found for corner, said point being the
545	545	southwest corner of an adjoining called 3.329 acre tract recorded
546	546	in Volume 1168, Page 008, Official Records, Waller County, Texas;
547	547	Thence North 56 degrees 14 minutes 23 seconds East (adjoiner
548	548	called North 58 degrees 15 minutes 22 seconds East) along the common
549	549	line of the herein described tract and said adjoining called 3.329
550	550	acre tract, 778.87 feet (adjoiner called 778.87 feet) to a 5/8 inch
551	551	iron rod with cap marked "Kalkomey Surveying" set for a reentry
552	552	corner to the herein described tract, same being the southeast
553	553	corner of said adjoining called 3.329 acre tract;
554	554	Thence North 02 degrees 45 minutes 16 seconds West (adjoiner
555	555	called North 00 degrees 10 minutes 26 seconds West) continuing
556	556	along said common line, 180.00 feet (adjoiner called 180.00 feet)
557	557	to a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" found
558	558	for a reentry corner to the herein described tract, same being the
559	559	northeast corner of said adjoining called 3.329 acre tract;
560	560	Thence South 88 degrees 00 minutes 41 seconds West (adjoiner
561	561	called South 89 degrees 58 minutes 37 seconds West) continuing
562	562	along said common line, 271.83 feet (adjoiner called 273 .00 feet)
563	563	to a 1/2 inch iron pipe found for a reentry corner to the herein
564	564	described tract, same being the upper northwest corner of said
565	565	adjoining called 3.329 acre tract;
566	566	Thence South 02 degrees 18 minutes 47 seconds East (adjoiner
567	567	called South 00 degrees 10 minutes 26 seconds East) continuing
568	568	along said common line, 78.92 feet to a 1/2 inch iron pipe found for
569	569	corner, said point being the northeast corner of an adjoining
570	570	called 2.000 acre tract recorded under County Clerk's File Number
571	571	1505672, Official Records, Waller County, Texas;
572	572	Thence South 87 degrees 54 minutes 49 seconds West (adjoiner
573	573	called West) along an interior line of the herein described tract,
574	574	same being the north line of said adjoining called 2.000 acre tract,
575	575	at 389.97 feet pass a 1/2 inch iron pipe with cap marked "Kalkomey
576	576	Surveying" found on said line at its intersection with the apparent
577	577	occupied east right-of-way line of Schlipf Road, and continuing for
578	578	a total distance of 414.22 feet (adjoiner called 414 .05 feet) to a
579	579	Mag nail set with shiner for the upper southwest corner of the
580	580	herein described tract, same being the northwest corner of said
581	581	adjoining called 2.000 acre tract, said point being in the west line
582	582	of the aforementioned called 1,277.0358 acre tract and the west
583	583	line of the aforementioned Section 121, same being the east line of
584	584	the aforementioned adjoining Fred Eule Survey, Abstract 373;
585	585	Thence North 02 degrees 05 minutes 05 seconds West (called
586	586	North 00 degrees 01 minute 07 seconds West) along the west line of
587	587	the herein described tract, the west line of said called 1,277.0358
588	588	acre tract, and the west line of said Section 121, same being the
589	589	east line of said adjoining Fred Eule Survey, Abstract 373, as
590	590	located in Schlipf Road, 1,823.78 feet to the Place of Beginning and
591	591	containing 655.54 acres of land, more or less.
592	592	SECTION 3. (a) The legal notice of the intention to
593	593	introduce this Act, setting forth the general substance of this
594	594	Act, has been published as provided by law, and the notice and a
595	595	copy of this Act have been furnished to all persons, agencies,
596	596	officials, or entities to which they are required to be furnished
597	597	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
598	598	Government Code.
599	599	(b) The governor, one of the required recipients, has
600	600	submitted the notice and Act to the Texas Commission on
601	601	Environmental Quality.
602	602	(c) The Texas Commission on Environmental Quality has filed
603	603	its recommendations relating to this Act with the governor, the
604	604	lieutenant governor, and the speaker of the house of
605	605	representatives within the required time.
606	606	(d) All requirements of the constitution and laws of this
607	607	state and the rules and procedures of the legislature with respect
608	608	to the notice, introduction, and passage of this Act are fulfilled
609	609	and accomplished.
610	610	SECTION 4. (a) If this Act does not receive a two-thirds
611	611	vote of all the members elected to each house, Subchapter C, Chapter
612	612	8047, Special District Local Laws Code, as added by Section 1 of
613	613	this Act, is amended by adding Section 8047.0307 to read as follows:
614	614	Sec. 8047.0307. NO EMINENT DOMAIN POWER. The district may
615	615	not exercise the power of eminent domain.
616	616	(b) This section is not intended to be an expression of a
617	617	legislative interpretation of the requirements of Section 17(c),
618	618	Article I, Texas Constitution.
619	619	SECTION 5. This Act takes effect immediately if it receives
620	620	a vote of two-thirds of all the members elected to each house, as
621	621	provided by Section 39, Article III, Texas Constitution. If this
622	622	Act does not receive the vote necessary for immediate effect, this
623	623	Act takes effect September 1, 2019.