Texas 2021 - 87th Regular

Texas House Bill HB4588 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4588
	1	+	By: Jetton (Senate Sponsor - Kolkhorst) H.B. No. 4588
	2	+	(In the Senate - Received from the House May 10, 2021;
	3	+	May 10, 2021, read first time and referred to Committee on Local
	4	+	Government; May 21, 2021, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 21, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Fort Bend County Municipal Utility
6	12		District No. 251; granting a limited power of eminent domain;
7	13		providing authority to issue bonds; providing authority to impose
8	14		assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 7915A to read as follows:
12	18		CHAPTER 7915A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 251
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 7915A.0101. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(3) "Director" means a board member.
19	25		(4) "District" means the Fort Bend County Municipal
20	26		Utility District No. 251.
21	27		Sec. 7915A.0102. NATURE OF DISTRICT. The district is a
22	28		municipal utility district created under Section 59, Article XVI,
23	29		Texas Constitution.
24	30		Sec. 7915A.0103. CONFIRMATION AND DIRECTOR ELECTION
25	31		REQUIRED. The temporary directors shall hold an election to
26	32		confirm the creation of the district and to elect five permanent
27	33		directors as provided by Section 49.102, Water Code.
28	34		Sec. 7915A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		7915A.0103 until each municipality in whose corporate limits or
31	37		extraterritorial jurisdiction the district is located has
32	38		consented by ordinance or resolution to the creation of the
33	39		district and to the inclusion of land in the district.
34	40		Sec. 7915A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	41		(a) The district is created to serve a public purpose and benefit.
36	42		(b) The district is created to accomplish the purposes of:
37	43		(1) a municipal utility district as provided by
38	44		general law and Section 59, Article XVI, Texas Constitution; and
39	45		(2) Section 52, Article III, Texas Constitution, that
40	46		relate to the construction, acquisition, improvement, operation,
41	47		or maintenance of macadamized, graveled, or paved roads, or
42	48		improvements, including storm drainage, in aid of those roads.
43	49		Sec. 7915A.0106. INITIAL DISTRICT TERRITORY. (a) The
44	50		district is initially composed of the territory described by
45	51		Section 2 of the Act enacting this chapter.
46	52		(b) The boundaries and field notes contained in Section 2 of
47	53		the Act enacting this chapter form a closure. A mistake made in the
48	54		field notes or in copying the field notes in the legislative process
49	55		does not affect the district's:
50	56		(1) organization, existence, or validity;
51	57		(2) right to issue any type of bond for the purposes
52	58		for which the district is created or to pay the principal of and
53	59		interest on a bond;
54	60		(3) right to impose a tax; or
55	61		(4) legality or operation.
56	62		SUBCHAPTER B. BOARD OF DIRECTORS
57	63		Sec. 7915A.0201. GOVERNING BODY; TERMS. (a) The district
58	64		is governed by a board of five elected directors.
59	65		(b) Except as provided by Section 7915A.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 7915A.0202. TEMPORARY DIRECTORS. (a) The temporary
62	68		board consists of:
63	69		(1) Adam Baker;
64	70		(2) Justin Waggoner;
65	71		(3) Michael Binick;
66	72		(4) Tyler Horne; and
67	73		(5) Eric Vanderbilt.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 7915A.0103; or
71	77		(2) the fourth anniversary of the effective date of
72	78		the Act enacting this chapter.
73	79		(c) If permanent directors have not been elected under
74	80		Section 7915A.0103 and the terms of the temporary directors have
75	81		expired, successor temporary directors shall be appointed or
76	82		reappointed as provided by Subsection (d) to serve terms that
77	83		expire on the earlier of:
78	84		(1) the date permanent directors are elected under
79	85		Section 7915A.0103; or
80	86		(2) the fourth anniversary of the date of the
81	87		appointment or reappointment.
82	88		(d) If Subsection (c) applies, the owner or owners of a
83	89		majority of the assessed value of the real property in the district
84	90		may submit a petition to the commission requesting that the
85	91		commission appoint as successor temporary directors the five
86	92		persons named in the petition. The commission shall appoint as
87	93		successor temporary directors the five persons named in the
88	94		petition.
89	95		SUBCHAPTER C. POWERS AND DUTIES
90	96		Sec. 7915A.0301. GENERAL POWERS AND DUTIES. The district
91	97		has the powers and duties necessary to accomplish the purposes for
92	98		which the district is created.
93	99		Sec. 7915A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	100		DUTIES. The district has the powers and duties provided by the
95	101		general law of this state, including Chapters 49 and 54, Water Code,
96	102		applicable to municipal utility districts created under Section 59,
97	103		Article XVI, Texas Constitution.
98	104		Sec. 7915A.0303. AUTHORITY FOR ROAD PROJECTS. Under
99	105		Section 52, Article III, Texas Constitution, the district may
100	106		design, acquire, construct, finance, issue bonds for, improve,
101	107		operate, maintain, and convey to this state, a county, or a
102	108		municipality for operation and maintenance macadamized, graveled,
103	109		or paved roads, or improvements, including storm drainage, in aid
104	110		of those roads.
105	111		Sec. 7915A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	112		road project must meet all applicable construction standards,
107	113		zoning and subdivision requirements, and regulations of each
108	114		municipality in whose corporate limits or extraterritorial
109	115		jurisdiction the road project is located.
110	116		(b) If a road project is not located in the corporate limits
111	117		or extraterritorial jurisdiction of a municipality, the road
112	118		project must meet all applicable construction standards,
113	119		subdivision requirements, and regulations of each county in which
114	120		the road project is located.
115	121		(c) If the state will maintain and operate the road, the
116	122		Texas Transportation Commission must approve the plans and
117	123		specifications of the road project.
118	124		Sec. 7915A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	125		ORDINANCE OR RESOLUTION. The district shall comply with all
120	126		applicable requirements of any ordinance or resolution that is
121	127		adopted under Section 54.016 or 54.0165, Water Code, and that
122	128		consents to the creation of the district or to the inclusion of land
123	129		in the district.
124	130		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	131		Sec. 7915A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
126	132		The district may issue, without an election, bonds and other
127	133		obligations secured by:
128	134		(1) revenue other than ad valorem taxes; or
129	135		(2) contract payments described by Section
130	136		7915A.0403.
131	137		(b) The district must hold an election in the manner
132	138		provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	139		before the district may impose an ad valorem tax or issue bonds
134	140		payable from ad valorem taxes.
135	141		(c) The district may not issue bonds payable from ad valorem
136	142		taxes to finance a road project unless the issuance is approved by a
137	143		vote of a two-thirds majority of the district voters voting at an
138	144		election held for that purpose.
139	145		Sec. 7915A.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	146		authorized at an election held under Section 7915A.0401, the
141	147		district may impose an operation and maintenance tax on taxable
142	148		property in the district in accordance with Section 49.107, Water
143	149		Code.
144	150		(b) The board shall determine the tax rate. The rate may not
145	151		exceed the rate approved at the election.
146	152		Sec. 7915A.0403. CONTRACT TAXES. (a) In accordance with
147	153		Section 49.108, Water Code, the district may impose a tax other than
148	154		an operation and maintenance tax and use the revenue derived from
149	155		the tax to make payments under a contract after the provisions of
150	156		the contract have been approved by a majority of the district voters
151	157		voting at an election held for that purpose.
152	158		(b) A contract approved by the district voters may contain a
153	159		provision stating that the contract may be modified or amended by
154	160		the board without further voter approval.
155	161		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	162		Sec. 7915A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	163		OBLIGATIONS. The district may issue bonds or other obligations
158	164		payable wholly or partly from ad valorem taxes, impact fees,
159	165		revenue, contract payments, grants, or other district money, or any
160	166		combination of those sources, to pay for any authorized district
161	167		purpose.
162	168		Sec. 7915A.0502. TAXES FOR BONDS. At the time the district
163	169		issues bonds payable wholly or partly from ad valorem taxes, the
164	170		board shall provide for the annual imposition of a continuing
165	171		direct ad valorem tax, without limit as to rate or amount, while all
166	172		or part of the bonds are outstanding as required and in the manner
167	173		provided by Sections 54.601 and 54.602, Water Code.
168	174		Sec. 7915A.0503. BONDS FOR ROAD PROJECTS. At the time of
169	175		issuance, the total principal amount of bonds or other obligations
170	176		issued or incurred to finance road projects and payable from ad
171	177		valorem taxes may not exceed one-fourth of the assessed value of the
172	178		real property in the district.
173	179		SECTION 2. The Fort Bend County Municipal Utility District
174	180		No. 251 initially includes all the territory contained in the
175	181		following area:
176	182		TRACT 1 of 2 (145.368 acres)
177	183		Being a tract containing 145.368 acres of land located in the
178	184		Jane Wilkins One League Grant, Abstract No. 96, Fort Bend County,
179	185		Texas. Said 145.368 acres being a call 145.368 acre tract of land,
180	186		styled as Tract III, recorded in the name of the 300 Acres LLC under
181	187		Fort Bend County Clerk's File (F.B.C.C.F.) No. 2017087205. Said
182	188		145.368 acres of land being more particularly described by metes
183	189		and bounds as follows (Bearings are referenced to the Texas
184	190		Coordinate System of 1983, South Central Zone, as derived from GPS
185	191		observations):
186	192		BEGINNING at a 5/8 inch capped iron rod (stamp illegible)
187	193		found at the southwest corner of said 145.368 acre tract, the
188	194		northwest corner of a call 317.812 acre tract of land, styled as
189	195		Tract One, recorded in the name of RES/VLS Real Estate Limited
190	196		Partnership under F.B.C.C.F. No. 2018058651 and being on the east
191	197		right-of-way (R.O.W.) line of Harlem Road (width varies) as
192	198		recorded in F.B.C.C.F. Nos. 2011015402 and 2015075797 and Volume
193	199		63, Page 203 of the Fort Bend County Deed Records (F.B.C.D.R.), from
194	200		which a 5/8 inch capped iron rod stamped "1943 4349 5829" bears
195	201		South 86 degrees 49 minutes 01 seconds West, a distance of 122.03
196	202		feet;
197	203		THENCE, with said east R.O.W. line, the following eight (8)
198	204		courses:
199	205		1. North 02 degrees 07 minutes 03 seconds West, a distance
200	206		of 1,332.59 feet to a 5/8 inch iron rod found (disturbed) at a point
201	207		of curvature to the left;
202	208		2. 100.26 feet along the arc of said curve, having a radius
203	209		of 23,989.95 feet, a central angle of 00 degrees 14 minutes 22
204	210		seconds, and a chord which bears North 02 degrees 14 minutes 14
205	211		seconds West, a distance of 100.26 feet to a 5/8 inch iron rod found
206	212		at a point of tangency;
207	213		3. North 02 degrees 21 minutes 25 seconds West, a distance
208	214		of 229.64 feet to a point of curvature to the left from which point a
209	215		5/8 inch iron rod found bears North 09 degrees 27 minutes 04 seconds
210	216		East, a distance of 0.42 feet;
211	217		4. 100.66 feet along the arc of said curve, having a radius
212	218		of 10,506.91 feet, a central angle of 00 degrees 32 minutes 56
213	219		seconds, and a chord which bears North 02 degrees 37 minutes 53
214	220		seconds West, a distance of 100.65 feet to a 5/8 inch capped iron
215	221		rod stamped "Landtech" found at a point of tangency;
216	222		5. North 02 degrees 54 minutes 21 seconds West, a distance
217	223		of 500.14 feet to a 5/8 inch iron rod found at a point of curvature
218	224		to the left;
219	225		6. 100.67 feet along the arc of said curve, having a radius
220	226		of 10,758.45 feet, a central angle of 00 degrees 32 minutes 10
221	227		seconds, and a chord which bears North 03 degrees 10 minutes 26
222	228		seconds West, a distance of 100.67 feet to a 5/8 inch capped iron
223	229		rod stamped "Landtech" found at a point of tangency;
224	230		7. North 03 degrees 26 minutes 31 seconds West, a distance
225	231		of 577.51 feet to a 5/8 inch capped iron rod (stamp illegible)
226	232		found;
227	233		8. North 07 degrees 26 minutes 39 seconds East, a distance
228	234		of 74.13 feet a 5/8 inch iron rod found at the northwest corner of
229	235		said 145.368 acre tract and on the south line of a call 70 foot
230	236		drainage canal (Fourth Tract) recorded in the name of Fort Bend
231	237		County Drainage District in Volume 331, Page 468, F.B.C.D.R.;
232	238		THENCE with the south line of said 70 foot drainage canal, the
233	239		following seventeen (17) courses:
234	240		1. South 60 degrees 53 minutes 52 seconds East, a distance
235	241		of 306.17 feet to a 5/8 inch iron rod found;
236	242		2. South 69 degrees 40 minutes 19 seconds East, a distance
237	243		of 478.71 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
238	244		found;
239	245		3. South 52 degrees 56 minutes 36 seconds East, a distance
240	246		of 366.41 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
241	247		set;
242	248		4. South 45 degrees 25 minutes 47 seconds East, a distance
243	249		of 500.58 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
244	250		found;
245	251		5. South 57 degrees 59 minutes 59 seconds East, a distance
246	252		of 355.33 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
247	253		found;
248	254		6. South 63 degrees 30 minutes 30 seconds East, a distance
249	255		of 557.67 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
250	256		found;
251	257		7. South 56 degrees 32 minutes 29 seconds East, a distance
252	258		of 237.63 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
253	259		set;
254	260		8. South 47 degrees 43 minutes 07 seconds East, a distance
255	261		of 235.69 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
256	262		found;
257	263		9. South 36 degrees 54 minutes 04 seconds East, a distance
258	264		of 578.06 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
259	265		found;
260	266		10. South 51 degrees 53 minutes 46 seconds East, a distance
261	267		of 306.04 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
262	268		found;
263	269		11. South 79 degrees 35 minutes 06 seconds East, a distance
264	270		of 224.59 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
265	271		found;
266	272		12. South 70 degrees 32 minutes 04 seconds East, a distance
267	273		of 118.34 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
268	274		found;
269	275		13. South 57 degrees 43 minutes 30 seconds East, a distance
270	276		of 259.63 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
271	277		found;
272	278		14. South 72 degrees 42 minutes 40 seconds East, a distance
273	279		of 146.64 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
274	280		found;
275	281		15. North 86 degrees 24 minutes 38 seconds East, a distance
276	282		of 227.86 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
277	283		found;
278	284		16. North 77 degrees 35 minutes 31 seconds East, a distance
279	285		of 163.54 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
280	286		found;
281	287		17. North 72 degrees 52 minutes 13 seconds East, a distance
282	288		of 112.09 feet to a T-post found on the west line of a call 143.287
283	289		acre tract of land, styled as Tract IV, recorded in the name of 300
284	290		Acres LLC under F.B.C.C.F. No. 2017087205;
285	291		THENCE, with said west line, South 02 degrees 59 minutes 48
286	292		seconds East, a distance of 333.45 feet to the north line of a call
287	293		107.128 acre tract of land, styled as Tract 9B, recorded in the name
288	294		of RES/VLS Real Estate Limited Partnership under F.B.C.C.F.
289	295		No. 9632563, from which point a 5/8 inch iron rod found (disturbed)
290	296		bears North 02 degrees 59 minutes 48 seconds West, a distance of
291	297		1.86 feet;
292	298		THENCE, with said north line and the north line of aforesaid
293	299		317.812 acre tract, South 86 degrees 49 minutes 01 seconds West, a
294	300		distance of 4,213.36 feet to the POINT OF BEGINNING and containing
295	301		145.368 acres of land.
296	302		TRACT 2 of 2 (89.504 net acres)
297	303		Being 143.287 acres of land in the Jane Wilkins One League
298	304		Grant, Abstract No. 96, and the Jesse H. Cartwright One League
299	305		Grant, Abstract No. l6, Fort Bend County, Texas. Said 143.287 acres
300	306		of land being that certain call 7.39 acre (Tract Six) tract of land
301	307		and that certain call 100.16 acre (Tract Seven) tract of land
302	308		recorded in the name of State of Texas, for the use and benefit of
303	309		the Permanent School Fund, under Fort Bend County Clerk's File
304	310		(F.B.C.C.F.) No. 2004060103 and amended under 2004075320, and that
305	311		certain call 35.72 acre (Part 2) tract of land recorded in the name
306	312		of State of Texas, for the use and benefit of the Permanent School
307	313		Fund, under F.B.C.C.F. No. 2004060102 and amended under
308	314		2008106694. Said 143.287 acres also being a portion of that certain
309	315		tract of land described as 957 acres in a deed dated February 19,
310	316		1908 from Mollie C. Riddick to the Board of Penitentiary
311	317		Commissioners of the State of Texas as recorded in Volume 43, Page
312	318		209 of the Fort Bend County Deed Records (F.B.C.D.R.); said 143.287
313	319		acres of land being more particularly described by metes and bounds
314	320		as follows (Bearings are referenced to the Texas Coordinate System
315	321		of 1983, South Central Zone, as derived from GPS observations):
316	322		BEGINNING at a 5/8 inch capped iron rod found in the
317	323		Southwesterly line of a call 97.179 acre (Parcel 9) tract of land
318	324		for controlled access highway facility (State Highway No. 99;
319	325		locally known as Grand Parkway) recorded in the name of Texas
320	326		Transportation Commission under F.B.C.C.F. No. 9203043, for the
321	327		Northwest corner and call Point of Beginning of said 35.72 acres;
322	328		THENCE, with said Southwesterly line and the Northeasterly
323	329		line of said 35.72 acres and said 100.l6 acres, the following three
324	330		(3) courses:
325	331		1. South 23 degrees 18 minutes 03 seconds East (call South
326	332		20 degrees 38 minutes 03 seconds East), at 864.59 feet (call 864.65
327	333		feet) pass a 5/8 inch capped iron rod set for the Northeast corner
328	334		of said 35.72 acres and the Northwest corner of said 100.16 acres,
329	335		and continuing for a total distance of 3,526.8l feet to a TXDOT disc
330	336		found for the beginning of a tangent curve to the left;
331	337		2. 1,941.45 feet (call l ,941.59 feet), along the arc of
332	338		said curve to the left, having a radius of 5,879.58 feet, a central
333	339		angle of 18 degrees 55 minutes 09 seconds (call 18 degrees 55
334	340		minutes 14 seconds), and a chord which bears South 32 degrees 45
335	341		minutes 37 seconds East (call South 30 degrees 05 minutes 42 seconds
336	342		East), a distance of l,932.64 feet (call 1,932.80 feet) to a
337	343		concrete monument found for tangency;
338	344		3. South 42 degrees 13 minutes 12 seconds East (call South
339	345		39 degrees 32 minutes 48 seconds East), a distance of 771.91 feet
340	346		(call 771.54 feet) to the North line of a call 52.12 acre tract
341	347		(Fifth Tract) recorded in the name of Sandra Ann Smith Austin in
342	348		Volume 663, Page 770 F.B.C.D.R., for the Southeast corner of said
343	349		100.16 acres, from which point a found 5/8 inch iron rod bears South
344	350		86 degrees 49 minutes 34 seconds West, a distance of 0.42 feet;
345	351		THENCE, with said North line and the South line of said 100.16
346	352		acres, South 86 degrees 49 minutes 34 seconds West, a distance of
347	353		86l.83 feet (call 861.54 feet) to the Northwest corner of said 52.12
348	354		acres, same being the Northeast corner of a call 107.128 acre tract
349	355		(Tract 9B) recorded in the name of RES/VLS Real Estate Limited
350	356		Partnership under F.B.C.C.F. No. 9632563, from which point a found
351	357		5/8 inch iron rod bears North 02 degrees 39 minutes 48 seconds West,
352	358		a distance of 0.38 feet;
353	359		THENCE, with the North line of said 107.128 acres and the
354	360		South line of said 100.16 acres, said 7.39 acres, and said 35.72
355	361		acres, South 86 degrees 49 minutes 01 seconds West, at l ,509.50
356	362		feet pass the Southwest corner of the aforementioned 7.39 acres and
357	363		the Southeast corner of the aforementioned 35.72 acres, from which
358	364		point a found 5/8 inch iron rod bears North 02 degrees 59 minutes 48
359	365		seconds West, a distance of 1.68 feet and continuing for a total
360	366		distance of 1,809.52 feet to the Southwest corner of said 35.72
361	367		acres and the Southeast corner of a call 154.59 acre tract recorded
362	368		in the name of State of Texas, for the use and benefit of the
363	369		Permanent School Fund under F.B.C.C.F. No. 2004060103 and amended
364	370		under F.B.C.C.F. No. 2004075320, from which point a found 5/8 inch
365	371		iron rod bears North 02 degrees 59 minutes 48 seconds West, a
366	372		distance of 1.86 feet;
367	373		THENCE, with the West line of said 35.72 acres, North 02
368	374		degrees 59 minutes 48 seconds West, at 333.45 feet pass the
369	375		Northeast corner of said 154.59 acres and continuing for a total
370	376		distance of 5,591.90 feet (call 5,591.99 feet) to the POINT OF
371	377		BEGINNING and containing 143.287 acres of land.
372	378		SAVE AND EXCEPT the following two tracts:
373	379		Tract A: Being a tract containing 9.477 acres of land located
374	380		in the Jane Wilkins One League Grant, Abstract No. 96, in Fort Bend
375	381		County, Texas. Said 9.477 acres being a portion of a call 143.287
376	382		acre tract of land, styled Tract IV, recorded in the name of 300
377	383		Acres LLC in Fort Bend County Clerk's File (F.B.C.C.F.)
378	384		No. 2017087205. Said 9.447 acres of land being more particularly
379	385		described by metes and bounds as follows (Bearings are referenced
380	386		to the Texas Coordinate System of 1983, South Central Zone, as
381	387		derived from GPS observations):
382	388		BEGINNING at a 5/8 inch iron rod found at the most northerly
383	389		corner of said 143.287 acre tract and being on the westerly
384	390		Right-of-Way (R.O.W.) line of Grand Parkway (S.H. 99), a controlled
385	391		access highway facility (width varies) and a call 97.179 acre tract
386	392		of land, styled Parcel 9, recorded in the name of Texas
387	393		Transportation Commission under F.B.C.C.F. No. 9203043, from which
388	394		a 5/8 inch capped iron rod stamped "Texas GLO" found at the
389	395		southeast corner of a call 168.253 acre tract of land, styled Tract
390	396		1, recorded in the name of Grand Parkway 1358 LP under F.B.C.C.F.
391	397		No. 2014037769 bears North 23 degrees 18 minutes 03 seconds West, a
392	398		distance of 5,435.63 feet;
393	399		THENCE, with said westerly R.O.W. line and west line of said
394	400		97.179 acre tract, South 23 degrees 18 minutes 03 seconds East, at a
395	401		distance of 864.57 feet pass a 5/8 inch iron rod found, and
396	402		continuing for a total distance of 1,815.94 feet to the northwest
397	403		intersection of said Grand Parkway and Owens Road (100- foot width)
398	404		as described in F.B.C.C.F. No. 2016063197;
399	405		THENCE, with the north R.O.W. line of said Owens Road, North
400	406		61 degrees 03 minutes 29 seconds West, at a distance of 0.55 feet
401	407		pass a 5/8 inch capped iron rod stamped "Town & Country" found and
402	408		continuing for a total distance of 742.55 feet to a 5/8 inch capped
403	409		iron rod stamped "Town & Country" found on the west line of said
404	410		143.287 acre tract;
405	411		THENCE, with said west line, North 02 degrees 59 minutes 48
406	412		seconds West, a distance of 1,310.29 feet to the POINT OF BEGINNING
407	413		and containing 9.477 acres of land.
408	414		Tract B: Being a tract containing 44.306 acres of land
409	415		located in the Jane Wilkins One League Grant, Abstract No. 96, in
410	416		Fort Bend County, Texas. Said 44.306 acres being a portion of a call
411	417		143.287 acre tract of land, styled Tract IV, recorded in the name of
412	418		300 Acres LLC in Fort Bend County Clerk's File (F.B.C.C.F.)
413	419		No. 2017087205. Said 44.306 acres of land being more particularly
414	420		described by metes and bounds as follows (Bearings are referenced
415	421		to the Texas Coordinate System of 1983, South Central Zone, as
416	422		derived from GPS observations):
417	423		BEGINNING at a 5/8 inch iron rod found at the intersection of
418	424		the west line of said 143.287 acre tract and the south Right-of-Way
419	425		(R.O.W.) line of Owens Road (100-foot width) as described in
420	426		F.B.C.C.F. No. 2016063197 from which a 5/8 inch iron rod found at
421	427		the most northerly corner of said 143.287 acre tract and being on
422	428		the westerly Right-of-Way (R.O.W.) line of Grand Parkway (S.H. 99),
423	429		a controlled access highway facility (width varies) and a call
424	430		97.179 acre tract of land, styled Parcel 9, recorded in the name of
425	431		Texas Transportation Commission under F.B.C.C.F. No. 9203043 bears
426	432		North 02 degrees 59 minutes 48 seconds West, a distance of 1,428.13
427	433		feet;
428	434		THENCE, with said south R.O.W. line, South 61 degrees 03
429	435		minutes 29 seconds East, at a distance of 808.78 feet pass a 5/8
430	436		inch capped iron rod stamped "Town & Country" found and continuing
431	437		for a distance of 809.33 feet to the southwest intersection of said
432	438		Owens Road and said Grand Parkway;
433	439		THENCE, with the westerly R.O.W. line of said Grand Parkway
434	440		and west line of said 97.179 acre tract, the following two (2)
435	441		courses:
436	442		1.) South 23 degrees 18 minutes 03 seconds East, a distance
437	443		of 1,547.55 feet to a Texas Department of Transportation (TXDOT)
438	444		disc found at a point of curvature to the left;
439	445		2.) 332.80 feet along the arc of said curve, having a radius
440	446		of 5,879.58 feet, a central angle of 03 degrees 14 minutes 35
441	447		seconds, and a chord which bears South 24 degrees 55 minutes 20
442	448		seconds East, a distance of 332.75 feet to a 5/8 inch capped iron
443	449		rod stamped "GBI Partners" set;
444	450		THENCE, through and across said 143.287 acre tract, South 87
445	451		degrees 00 minutes 12 seconds West, a distance of 1,348.06 feet to a
446	452		5/8 inch capped iron rod stamped "GBI Partners" set on the west line
447	453		of said 143.287 acre tract and at the southwest corner of the herein
448	454		described tract from which a T-post found on said west line and at
449	455		the northeast corner of a call 145.368 acre tract of land, styled
450	456		Tract III, recorded in the name of 300 Acres LLC in F.B.C.C.F.
451	457		2017087205 bears South 02 degrees 59 minutes 48 seconds East, a
452	458		distance of 1,642.09 feet;
453	459		THENCE, with said west line, North 02 degrees 59 minutes 48
454	460		seconds West, at a distance of 2,188.22 feet to the POINT OF
455	461		BEGINNING and containing 44.306 acres of land.
456	462		The total acreage of Tract 2 being 143.287 acres, save and
457	463		except 9.477 acres and 44.305 acres, for a total of 89.504 acres.
458	464		The total acreage of the district being 234.872 acres,
459	465		consisting of 145.368 in Tract 1 and 89.504 acres in Tract 2.
460	466		SECTION 3. (a) The legal notice of the intention to
461	467		introduce this Act, setting forth the general substance of this
462	468		Act, has been published as provided by law, and the notice and a
463	469		copy of this Act have been furnished to all persons, agencies,
464	470		officials, or entities to which they are required to be furnished
465	471		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
466	472		Government Code.
467	473		(b) The governor, one of the required recipients, has
468	474		submitted the notice and Act to the Texas Commission on
469	475		Environmental Quality.
470	476		(c) The Texas Commission on Environmental Quality has filed
471	477		its recommendations relating to this Act with the governor, the
472	478		lieutenant governor, and the speaker of the house of
473	479		representatives within the required time.
474	480		(d) All requirements of the constitution and laws of this
475	481		state and the rules and procedures of the legislature with respect
476	482		to the notice, introduction, and passage of this Act are fulfilled
477	483		and accomplished.
478	484		SECTION 4. (a) If this Act does not receive a two-thirds
479	485		vote of all the members elected to each house, Subchapter C, Chapter
480	486		7915A, Special District Local Laws Code, as added by Section 1 of
481	487		this Act, is amended by adding Section 7915A.0306 to read as
482	488		follows:
483	489		Sec. 7915A.0306. NO EMINENT DOMAIN POWER. The district may
484	490		not exercise the power of eminent domain.
485	491		(b) This section is not intended to be an expression of a
486	492		legislative interpretation of the requirements of Section 17(c),
487	493		Article I, Texas Constitution.
488	494		SECTION 5. This Act takes effect immediately if it receives
489	495		a vote of two-thirds of all the members elected to each house, as
490	496		provided by Section 39, Article III, Texas Constitution. If this
491	497		Act does not receive the vote necessary for immediate effect, this
492	498		Act takes effect September 1, 2021.
493		-	______________________________ ______________________________
494		-	President of the Senate Speaker of the House
495		-	I certify that H.B. No. 4588 was passed by the House on May 8,
496		-	2021, by the following vote: Yeas 108, Nays 31, 2 present, not
497		-	voting.
498		-	______________________________
499		-	Chief Clerk of the House
500		-	I certify that H.B. No. 4588 was passed by the Senate on May
501		-	27, 2021, by the following vote: Yeas 30, Nays 1.
502		-	______________________________
503		-	Secretary of the Senate
504		-	APPROVED: _____________________
505		-	Date
506		-	_____________________
507		-	Governor
	499	+	* * * * *