Texas 2019 - 86th Regular

Texas Senate Bill SB2522 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R15289 AAF-F
1	2		By: Bettencourt S.B. No. 2522
2		-	(In the Senate - Filed April 3, 2019; April 4, 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 Harris County Municipal Utility
12	8		District No. 571; 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 8098 to read as follows:
18	14		CHAPTER 8098. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 571
19	15		SUBCHAPTER A. GENERAL PROVISIONS
20	16		Sec. 8098.0101. 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 Harris County Municipal
26	22		Utility District No. 571.
27	23		Sec. 8098.0102. 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. 8098.0103. 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. 8098.0104. CONSENT OF MUNICIPALITY REQUIRED. The
35	31		temporary directors may not hold an election under Section
36	32		8098.0103 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. 8098.0105. 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. 8098.0106. 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. 8098.0201. GOVERNING BODY; TERMS. (a) The district
64		-	is governed by a board of five elected directors.
	59	+	Sec. 8098.0201. GOVERNING BODY; TERMS. (a) The district is
	60	+	governed by a board of five elected directors.
65	61		(b) Except as provided by Section 8098.0202, directors
66	62		serve staggered four-year terms.
67	63		Sec. 8098.0202. TEMPORARY DIRECTORS. (a) The temporary
68	64		board consists of:
69	65		(1) Binh Chau;
70	66		(2) Todd Brown;
71	67		(3) Stephanie E. Tabor;
72	68		(4) Adlena Leemhuis; and
73	69		(5) Jennifer Day.
74	70		(b) Temporary directors serve until the earlier of:
75	71		(1) the date permanent directors are elected under
76	72		Section 8098.0103; 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 8098.0103 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 8098.0103; 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. 8098.0301. 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. 8098.0302. 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. 8098.0303. 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. 8098.0304. 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. 8098.0305. 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	125		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
130		-	Sec. 8098.0401. ELECTIONS REGARDING TAXES OR BONDS.
131		-	~~(a)~~ The district may issue, without an election, bonds and other
	126	+	Sec. 8098.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
	127	+	The district may issue, without an election, bonds and other
132	128		obligations secured by:
133	129		(1) revenue other than ad valorem taxes; or
134	130		(2) contract payments described by Section 8098.0403.
135	131		(b) The district must hold an election in the manner
136	132		provided by Chapters 49 and 54, Water Code, to obtain voter approval
137	133		before the district may impose an ad valorem tax or issue bonds
138	134		payable from ad valorem taxes.
139	135		(c) The district may not issue bonds payable from ad valorem
140	136		taxes to finance a road project unless the issuance is approved by a
141	137		vote of a two-thirds majority of the district voters voting at an
142	138		election held for that purpose.
143	139		Sec. 8098.0402. OPERATION AND MAINTENANCE TAX. (a) If
144	140		authorized at an election held under Section 8098.0401, the
145	141		district may impose an operation and maintenance tax on taxable
146	142		property in the district in accordance with Section 49.107, Water
147	143		Code.
148	144		(b) The board shall determine the tax rate. The rate may not
149	145		exceed the rate approved at the election.
150	146		Sec. 8098.0403. CONTRACT TAXES. (a) In accordance with
151	147		Section 49.108, Water Code, the district may impose a tax other than
152	148		an operation and maintenance tax and use the revenue derived from
153	149		the tax to make payments under a contract after the provisions of
154	150		the contract have been approved by a majority of the district voters
155	151		voting at an election held for that purpose.
156	152		(b) A contract approved by the district voters may contain a
157	153		provision stating that the contract may be modified or amended by
158	154		the board without further voter approval.
159	155		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
160	156		Sec. 8098.0501. AUTHORITY TO ISSUE BONDS AND OTHER
161	157		OBLIGATIONS. The district may issue bonds or other obligations
162	158		payable wholly or partly from ad valorem taxes, impact fees,
163	159		revenue, contract payments, grants, or other district money, or any
164	160		combination of those sources, to pay for any authorized district
165	161		purpose.
166	162		Sec. 8098.0502. TAXES FOR BONDS. At the time the district
167	163		issues bonds payable wholly or partly from ad valorem taxes, the
168	164		board shall provide for the annual imposition of a continuing
169	165		direct ad valorem tax, without limit as to rate or amount, while all
170	166		or part of the bonds are outstanding as required and in the manner
171	167		provided by Sections 54.601 and 54.602, Water Code.
172	168		Sec. 8098.0503. BONDS FOR ROAD PROJECTS. At the time of
173	169		issuance, the total principal amount of bonds or other obligations
174	170		issued or incurred to finance road projects and payable from ad
175	171		valorem taxes may not exceed one-fourth of the assessed value of the
176	172		real property in the district.
177	173		SECTION 2. The Harris County Municipal Utility District
178	174		No. 571 initially includes all the territory contained in the
179	175		following area:
180	176		That tract of land situated in the Chauncey Goodrich Survey,
181	177		A-311, in Harris County, Texas, and out of the 131.3702 acre tract
182	178		described as Tract 2 in the deed from Charles T. Haynes Jr. and
183	179		Glenda K. Haynes, Trustees of the Haynes Family Revocable Trust to
184	180		Cunningham Interests II, Ltd, recorded under File Number
185	181		20120265722, of the Official Public Records of Harris County,
186	182		Texas, and out of the 31.4393 acre tract described in the deed from
187	183		Lisa M. Krakosky and spouse, Dean M. Krakosky, John P. McShan, Mark
188	184		S. McShan, Lisa M. Krakosky and Andrew J. McShan, to APITX 3, LLC,
189	185		recorded under File No. RP-2017-304570, of the Official Public
190	186		Records of Harris County, Texas, and more particularly described by
191	187		metes and bounds as follows:
192	188		Basis of bearing is based on the record bearing of aforesaid
193	189		Tract 2 (which has a basis of bearing of North 89° 39' 06" East along
194	190		the common line of the remainder of the 14 acre tract as described
195	191		in a deed filed for record under Harris County Clerk's File
196	192		No. R-965836, and the 33.2209 acre tract as described in a deed
197	193		filed for record under Harris County Clerk's File No. Z-331462);
198	194		BEGINNING at a point (called in RP-2017-304570: a 1 inch iron
199	195		pipe next to a rail road beam found on the east right-of-way line of
200	196		Telge Road (60 feet wide) as recorded in Vol. 78, Pg. 262, of the
201	197		Harris County Deed Records (H.C.D.R.), marking the northwest corner
202	198		of a called 27.5033 acre tract of land conveyed to Graceview Baptist
203	199		Church, as recorded under H.C.C.F. No. RP-2016-456441, the
204	200		southwest corner of said called 31.478 acre tract, and the
205	201		southwest corner of the herein described tract) for the southwest
206	202		corner of the herein described tract;
207	203		THENCE North 00° 13' 02" West - 59.18' (called in
208	204		RP-2017-304570: North 02 Deg. 18 Min. 03 Sec. West with the east
209	205		right-of-way line of said Telge Road, a distance of 59.18 feet to a
210	206		capped 5/8-inch iron rod stamped "Windrose Land Services" set
211	207		marking the southwest corner of a called 3.792 acre tract of land
212	208		conveyed to Jerry B. Boyd, et ux, as recorded under H.C.C.F.
213	209		No. 20080575074, and the westerly northwest corner of the herein
214	210		described tract, from which a found 5/8-inch iron rod bears South 78
215	211		Deg. 56 Min. 56 Sec. East, a distance of 0.64 feet), to a westerly
216	212		northwest corner of the herein described tract;
217	213		THENCE North 89° 59' 01" East - 866.69' (called in
218	214		RP-2017-304570: North 87 Deg. 54 Min. 00 Sec. East, with the south
219	215		line of said called 3.792 acre tract and the south line of a called
220	216		5.084 acre tract of land conveyed to E. Wheeler Coe, Jr., and
221	217		recorded under H.C.C.F. No. R033492, a distance of 866.69 feet to a
222	218		1/2-inch iron rod found marking the southeast corner of said called
223	219		5.084 acre tract and an interior corner of the herein described
224	220		tract), to an angle corner of the herein described tract;
225	221		THENCE North 00° 21' 08" East - 689.64' (called in
226	222		RP-2017-304570: North 01 Deg. 43 Min. 53 Sec. West, with the east
227	223		line of said called 5.084 acre tract, passing at a distance of
228	224		596.19 feet a 5/8-inch iron rod round marking the northeast corner
229	225		of said called 5.084 acre tract, and the southeast corner of a
230	226		called 3.970 acre tract of land conveyed to Michael C. Vollbrecht,
231	227		as recorded under H.C.C.F. No. RP-2016-336364, in all a distance of
232	228		689.64 feet to a capped 5/8-inch iron rod stamped "Windrose Land
233	229		Services" set marking the southwest corner of a called 17.409 acre
234	230		tract of land conveyed to Allen Pennington, as recorded under
235	231		H.C.C.F. No. 20140517739, and the northerly northwest corner of the
236	232		herein described tract, from which a found 1-inch iron pipe bears
237	233		North 48 Deg. 57 Min. 18 Sec. East, a distance of 3.29 feet), to a
238	234		westerly northwest corner of the herein described tract;
239	235		THENCE North 89° 22' 04" East - 809.13' (called in
240	236		RP-2017-304570: North 87 Dec. 17 Min. 03 Sec. East, with the south
241	237		line of said called 17.409 acre tract, a distance of 809.13 feet to
242	238		a 1-inch iron rod found marking the southeast corner of said called
243	239		17.409 acre tract, the southwest corner of a called 3.1720 acre
244	240		tract of land conveyed to Mario Jimenez, as recorded under H.C.C.F.
245	241		No. 20090343492, and an angle point in the north line of the herein
246	242		described tract), to an angle corner of the herein described tract;
247	243		THENCE South 89° 59' 34" East - 929.13' (called in
248	244		RP-2017-304570: North 87 Deg. 55 Min. 25 Sec. East, with the south
249	245		line of said called 3.1720 acre tract, the south line of a called
250	246		0.814 acre tract of land conveyed to Timothy James Kraemer, as
251	247		recorded under H.C.C.F. No. 20070586673, and the south line of a
252	248		called 2.1463 acre tract of land conveyed to Fred Joseph Wonk and
253	249		Debra Kathryn Pate, as recorded under H.C.C.F. No. 20130584290, a
254	250		distance of 929.13 feet to a 1-inch iron pipe found on the west line
255	251		of a called 131.3702 acre tract of land conveyed to Cunningham
256	252		Interests II, Ltd., as recorded under H.C.C.F. No. 20120265722,
257	253		marking the southeast corner of said 2.1463 acre tract, and the
258	254		northeast corner of the herein described tract), to an interior
259	255		angle corner of the herein described tract;
260	256		THENCE North 00° 04' 02" West - 1.07' (called in 20120265722:
261	257		along the common line of said North tract (that certain call 42.2857
262	258		acre tract of land described in a deed filed for record under Harris
263	259		County Clerk's File No. Z-331458) and said 31.478 acre tract of
264	260		land (as described in a deed filed for record under Harris County
265	261		Clerk's File No. X-573459) to a 1" iron pipe (found) for angle point
266	262		marking the Northeast corner of said 31.478 acre tract of land and
267	263		the Southeast corner of Lot 15 in Block 3 of said Treichel Wood
268	264		Estates (unrecorded) as described in a deed filed for record under
269	265		Harris County Clerk's File No. 2010349120), to an angle corner of
270	266		the herein described tract:
271	267		THENCE North 00° 21' 36" West - 1247.73' (called in
272	268		20120265722: along the common line of said Treichel Wood Estates
273	269		and said North tract, passing at call 607.98 feet the Northwest
274	270		corner of said North tract and the Southwest corner of the remainder
275	271		of said 39.4277 acre tract of land (described in a deed filed for
276	272		record under Harris County Clerk's File No. P-215054), a total
277	273		distance of 1,247.73 feet to a 3/4" iron pipe (found) in the South
278	274		line of Lot 42 of Treichel Wood Estates, (unrecorded), marking the
279	275		Northeast corner of Lot 44 in Block 4 of said Treichel Wood Estates
280	276		as described in a deed filed for record under Harris County Clerk's
281	277		File No. J-673788, the Northwest corner of the remainder of said
282	278		39.4277 acre tract of land) to the most northerly northwest corner
283	279		of the herein described tract;
284	280		THENCE South 89° 59' 48" East - 433.11 (called in 20120265722:
285	281		along the common line of the remainder of said 39.4277 acre tract of
286	282		land and said Treichel Wood Estates to a 1-1/4" iron pipe (found)
287	283		for an angle point marking the Southeast corner of Lot 37 in Block 4
288	284		of said Treichel Wood Estates as described in a deed filed for
289	285		record under Harris County Clerk's File No. L-094431 and the
290	286		Southwest corner of that certain call 1.0629 acre tract of land
291	287		known as Tract 10 A as described in a deed filed for record under
292	288		Harris County Clerk's File No. S-674840) to an angle corner of the
293	289		herein described tract;
294	290		THENCE South 89° 58' 37" East - 839.57' (called in
295	291		20120265722: along the common line of the remainder of said 39.4277
296	292		acre tract of land and said Tract 10A to a 3/4" iron pipe (found) for
297	293		angle point marking the Southeast corner of that certain call
298	294		3.3726 acre remainder tract of land known as Tract 10 G, 10 G1 and 10
299	295		G2 out of that certain call 4.3276 acre tract of land described in a
300	296		deed filed for record under Harris County Clerk's File No. G-445448
301	297		and the Southwest corner of the remainder of that certain call 17
302	298		acre tract of land as described in a deed filed for record in Volume
303	299		285, Page 363 of said Harris County Deed Records) to an angle corner
304	300		of the herein described tract;
305	301		THENCE North 89° 59' 01" East - 34.92' (called in 20120265722:
306	302		along the common line of the remainder of said 39.4277 acre tract of
307	303		land and the remainder of said 17 acre tract of land to a point for
308	304		corner in a Harris County Flood Control Ditch marking the Southeast
309	305		corner of the remainder of said 17 acre tract of land, the Southwest
310	306		corner of said 3 acre tract of land (described in a deed filed for
311	307		record under Harris County Clerk's File No. R-965831)), to an angle
312	308		corner of the herein described tract;
313	309		THENCE North 89° 59' 00" East - 591.39' (calculated) to
314	310		(called in 20120265722: a 2" iron pipe (found) in the North line of
315	311		the remainder of said 39.4277 acre tract of land marking the
316	312		Southeast corner of the remainder of said 14 acre tract of land
317	313		(described in a deed filed for record under Harris County Clerk's
318	314		File No. R-965836), the Southwest corner of said 10.08 acre tract
319	315		of land (described in a deed filed for record under Harris County
320	316		Clerk's File No. B-477153) an angle corner of the herein described
321	317		tract;
322	318		THENCE South 89° 56' 36" East - 784.05' (called in
323	319		20120265722: along the common line of said 10.08 acre and the
324	320		remainder of said 39.4277 acre tract of land to a 1" iron pipe
325	321		(found bent) in the East line of said Chauncey Goodrich Survey, the
326	322		West line of the John Hooper Survey, A-325 in said Harris County,
327	323		Texas and the West line of that certain call 1.9160 acre tract of
328	324		land known as Tract 2 G as described in a deed filed for record under
329	325		Harris County Clerk's File No. H-893093 marking the Southeast
330	326		corner of said 10.08 acre tract of land, the Northeast corner of the
331	327		remainder of said 39.4277 acre tract) to the northeast corner of the
332	328		herein described tract;
333	329		THENCE South 00° 55' 02" East - 639.13' (called in
334	330		20120265722: along the common line of the remainder of said 39.4277
335	331		acre tract of land, said Chauncey Goodrich Survey, said Tract 2 G
336	332		and said John Hooper Survey to a 5/8" iron rod (found) for angle
337	333		point in the West line of that certain call 8.612 acre tract of land
338	334		as described in a deed filed for record under Harris County Clerk's
339	335		File No. N-090793 marking the Southeast corner of the remainder of
340	336		said 39.4277 acre tract of land the Northeast corner of said North
341	337		tract), to an angle corner of the herein described tract;
342	338		THENCE South 00° 53' 39" East - 683.76' (called in
343	339		20120265722: along the common line of said North tract, said
344	340		Chauncey Goodrich Survey, said 8.612 acre tract of land and said
345	341		John Hooper Survey to a 5/8" iron rod (found) for angle point in the
346	342		West line of that certain call 10.4400 acre tract of land as
347	343		described in a deed filed for record under Harris County Clerk's
348	344		File No. D-858395 marking the Southeast corner of said North tract
349	345		and the Northeast corner of said South tract (that certain call
350	346		42.2857 acre tract of land as described in a deed filed for record
351	347		under Harris County Clerk's File No. 20090332908)), to an angle
352	348		corner of the herein described tract;
353	349		THENCE South 01° 31' 34" East - 49.35' (called in 20120265722:
354	350		along the common line of said South tract, said Chauncey Goodrich
355	351		Survey, said 10.4400 acre tract of land and said John Hooper Survey
356	352		to a 1/2" iron rod (found) for angle point marking the Southwest
357	353		corner of said 10.4400 acre tract of land and the Northwest corner
358	354		of that certain call 1.0000 acre tract of land known as Lot 15 A in
359	355		Calvert Subdivision, (unrecorded), as described in a deed filed for
360	356		record under Harris County Clerk's File No. D-280475), to an angle
361	357		corner of the herein described tract;
362	358		THENCE South 00° 53' 06" East - 290.16' (called in
363	359		20120265722: along the common line of said South tract, said
364	360		Chauncey Goodrich Survey, said Lot 15 A and said John Hooper Survey
365	361		to a 1/2" iron rod (found) for angle point marking the Southwest
366	362		corner of said Lot 15 A and the Northwest corner of Olin Road,
367	363		(60.00 feet in width)), to an angle corner of the herein described
368	364		tract;
369	365		THENCE South 00° 50' 01" East - 342.17' (called in
370	366		20120265722: along the common line of said South tract, said
371	367		Chauncey Goodrich Survey, said Olin Road and said John Hooper
372	368		Survey, passing at 60.00 feet the Southwest corner of said Olin Road
373	369		and the Northwest corner of that certain call 0.04458 acre tract of
374	370		land as described in a deed filed for record under Harris County
375	371		Clerk's File No. V-223565, a total distance of 342.17 feet, to a
376	372		5/8" iron rod (found) in the North line of the John Hooper Survey,
377	373		A-375 in said Harris County, Texas and the North line of that
378	374		certain call 233 acre tract of land as described in a deed filed for
379	375		record in Volume 16, Page 166 of said Harris County Deed Records
380	376		marking the Southwest corner of said 0.04458 acre tract of land, the
381	377		Southeast corner of said Chauncey Goodrich Survey, A-311, the
382	378		Southwest corner of said John Hooper Survey, A-325, the Southeast
383	379		corner of said South tract), to the southeast corner of the herein
384	380		described tract;
385	381		THENCE South 89° 59' 05" West - 1255.61' (called in
386	382		20120265722: along the common line of said South tract, said
387	383		Chauncey Goodrich Survey, said 233 acre tract of land and said John
388	384		Hooper Survey to a 1-1/4" iron pipe (found) for angle point marking
389	385		the Northwest corner of said 233 acre tract of land and the
390	386		Northeast corner of that certain call 25.25 acre tract of land known
391	387		as Tract 2 as described in a deed filed for record under Harris
392	388		County Clerk's File No. U-132699), to an angle corner of the herein
393	389		described tract;
394	390		THENCE South 89° 55' 49" West - 1399.66' (called in
395	391		20120265722: along the common line of said South tract, said
396	392		Chauncey Goodrich Survey, said Tract 2 and said John Hooper Survey,
397	393		passing at call 699.77 feet the Northwest corner of said Tract 2 and
398	394		the Northeast corner of that certain call 25.20 acre tract of land
399	395		known as Tract 1 as described in a deed filed for record under
400	396		Harris County Clerk's File No. U-132699, a total distance of
401	397		1,399.66 feet, to a T-Rail (found) for angle point marking the
402	398		Northwest corner of said Tract 1 and the Northeast corner of that
403	399		certain call 27.507 acre tract of land described in a deed filed for
404	400		record under Harris County Clerk's File No. R-075089), to an angle
405	401		corner of the herein described tract;
406	402		THENCE South 89° 27' 44" West - 48.77' (called in 20120265722:
407	403		along the common line of said South tract, said Clauncey Goodrich
408	404		Survey, said 27.507 acre tract and said John Hooper Survey to a 1"
409	405		iron pipe (found) in the North line of said 27.507 acre tract of
410	406		land marking the Southwest corner of said South tract, the
411	407		Southeast corner of that certain call 31.478 acre tract of land as
412	408		described in a deed filed for record under Harris County Clerk's
413	409		File No. X-573459) and (called in RP-2017-304570: a capped 5/8
414	410		inch iron rod stamped "Windrose Land Services" set on the north line
415	411		of said called 27.5033 acre tract, marking the southwest corner of
416	412		said called 131.3702 acre tract, from which a found 1-inch iron pipe
417	413		bears South 02 Deg. 17 Min. 53 Sec. East, a distance of 0.49 feet),
418	414		and an angle corner of the herein described tract;
419	415		THENCE North 89° 58' 31" West - 2611.75' (called in
420	416		RP-2017-304570: South 87 Deg. 56 Min. 28 Sec. West, with the north
421	417		line of said called 27.5033 acre tract, a distance of 2611.75 feet)
422	418		to the POINT OF BEGINNING and containing 155.4 acres.
423	419		SECTION 3. (a) The legal notice of the intention to
424	420		introduce this Act, setting forth the general substance of this
425	421		Act, has been published as provided by law, and the notice and a
426	422		copy of this Act have been furnished to all persons, agencies,
427	423		officials, or entities to which they are required to be furnished
428	424		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
429	425		Government Code.
430	426		(b) The governor, one of the required recipients, has
431	427		submitted the notice and Act to the Texas Commission on
432	428		Environmental Quality.
433	429		(c) The Texas Commission on Environmental Quality has filed
434	430		its recommendations relating to this Act with the governor, the
435	431		lieutenant governor, and the speaker of the house of
436	432		representatives within the required time.
437	433		(d) All requirements of the constitution and laws of this
438	434		state and the rules and procedures of the legislature with respect
439	435		to the notice, introduction, and passage of this Act are fulfilled
440	436		and accomplished.
441	437		SECTION 4. (a) If this Act does not receive a two-thirds
442	438		vote of all the members elected to each house, Subchapter C, Chapter
443	439		8098, Special District Local Laws Code, as added by Section 1 of
444	440		this Act, is amended by adding Section 8098.0306 to read as follows:
445	441		Sec. 8098.0306. NO EMINENT DOMAIN POWER. The district may
446	442		not exercise the power of eminent domain.
447	443		(b) This section is not intended to be an expression of a
448	444		legislative interpretation of the requirements of Section 17(c),
449	445		Article I, Texas Constitution.
450	446		SECTION 5. This Act takes effect immediately if it receives
451	447		a vote of two-thirds of all the members elected to each house, as
452	448		provided by Section 39, Article III, Texas Constitution. If this
453	449		Act does not receive the vote necessary for immediate effect, this
454	450		Act takes effect September 1, 2019.
455		-	* * * * *