Texas 2021 - 87th Regular

Texas House Bill HB4609 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4609
	1	+	By: Wilson (Senate Sponsor - Schwertner) H.B. No. 4609
	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 22, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	6	+	May 22, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4609 By: Springer
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation of the Williamson County Municipal Utility
6	14		District No. 40; granting a limited power of eminent domain;
7	15		providing authority to issue bonds; providing authority to impose
8	16		assessments, fees, and taxes.
9	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	18		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	19		Code, is amended by adding Chapter 8141 to read as follows:
12	20		CHAPTER 8141. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 40
13	21		SUBCHAPTER A. GENERAL PROVISIONS
14	22		Sec. 8141.0101. DEFINITIONS. In this chapter:
15	23		(1) "Board" means the district's board of directors.
16	24		(2) "Commission" means the Texas Commission on
17	25		Environmental Quality.
18	26		(3) "Director" means a board member.
19	27		(4) "District" means the Williamson County Municipal
20	28		Utility District No. 40.
21	29		Sec. 8141.0102. NATURE OF DISTRICT. The district is a
22	30		municipal utility district created under Section 59, Article XVI,
23	31		Texas Constitution.
24	32		Sec. 8141.0103. CONFIRMATION AND DIRECTOR ELECTION
25	33		REQUIRED. The temporary directors shall hold an election to
26	34		confirm the creation of the district and to elect five permanent
27	35		directors as provided by Section 49.102, Water Code.
28	36		Sec. 8141.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	37		temporary directors may not hold an election under Section
30	38		8141.0103 until each municipality in whose corporate limits or
31	39		extraterritorial jurisdiction the district is located has
32	40		consented by ordinance or resolution to the creation of the
33	41		district and to the inclusion of land in the district.
34	42		Sec. 8141.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	43		(a) The district is created to serve a public purpose and benefit.
36	44		(b) The district is created to accomplish the purposes of:
37	45		(1) a municipal utility district as provided by
38	46		general law and Section 59, Article XVI, Texas Constitution; and
39	47		(2) Section 52, Article III, Texas Constitution, that
40	48		relate to the construction, acquisition, improvement, operation,
41	49		or maintenance of macadamized, graveled, or paved roads, or
42	50		improvements, including storm drainage, in aid of those roads.
43	51		Sec. 8141.0106. INITIAL DISTRICT TERRITORY. (a) The
44	52		district is initially composed of the territory described by
45	53		Section 2 of the Act enacting this chapter.
46	54		(b) The boundaries and field notes contained in Section 2 of
47	55		the Act enacting this chapter form a closure. A mistake made in the
48	56		field notes or in copying the field notes in the legislative process
49	57		does not affect the district's:
50	58		(1) organization, existence, or validity;
51	59		(2) right to issue any type of bond for the purposes
52	60		for which the district is created or to pay the principal of and
53	61		interest on a bond;
54	62		(3) right to impose a tax; or
55	63		(4) legality or operation.
56	64		SUBCHAPTER B. BOARD OF DIRECTORS
57	65		Sec. 8141.0201. GOVERNING BODY; TERMS. (a) The district is
58	66		governed by a board of five elected directors.
59	67		(b) Except as provided by Section 8141.0202, directors
60	68		serve staggered four-year terms.
61	69		Sec. 8141.0202. TEMPORARY DIRECTORS. (a) On or after the
62	70		effective date of the Act enacting this chapter, the owner or owners
63	71		of a majority of the assessed value of the real property in the
64	72		district may submit a petition to the commission requesting that
65	73		the commission appoint as temporary directors the five persons
66	74		named in the petition. The commission shall appoint as temporary
67	75		directors the five persons named in the petition.
68	76		(b) Temporary directors serve until the earlier of:
69	77		(1) the date permanent directors are elected under
70	78		Section 8141.0103; or
71	79		(2) the fourth anniversary of the effective date of
72	80		the Act enacting this chapter.
73	81		(c) If permanent directors have not been elected under
74	82		Section 8141.0103 and the terms of the temporary directors have
75	83		expired, successor temporary directors shall be appointed or
76	84		reappointed as provided by Subsection (d) to serve terms that
77	85		expire on the earlier of:
78	86		(1) the date permanent directors are elected under
79	87		Section 8141.0103; or
80	88		(2) the fourth anniversary of the date of the
81	89		appointment or reappointment.
82	90		(d) If Subsection (c) applies, the owner or owners of a
83	91		majority of the assessed value of the real property in the district
84	92		may submit a petition to the commission requesting that the
85	93		commission appoint as successor temporary directors the five
86	94		persons named in the petition. The commission shall appoint as
87	95		successor temporary directors the five persons named in the
88	96		petition.
89	97		SUBCHAPTER C. POWERS AND DUTIES
90	98		Sec. 8141.0301. GENERAL POWERS AND DUTIES. The district
91	99		has the powers and duties necessary to accomplish the purposes for
92	100		which the district is created.
93	101		Sec. 8141.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	102		DUTIES. The district has the powers and duties provided by the
95	103		general law of this state, including Chapters 49 and 54, Water Code,
96	104		applicable to municipal utility districts created under Section 59,
97	105		Article XVI, Texas Constitution.
98	106		Sec. 8141.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	107		52, Article III, Texas Constitution, the district may design,
100	108		acquire, construct, finance, issue bonds for, improve, operate,
101	109		maintain, and convey to this state, a county, or a municipality for
102	110		operation and maintenance macadamized, graveled, or paved roads, or
103	111		improvements, including storm drainage, in aid of those roads.
104	112		Sec. 8141.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	113		road project must meet all applicable construction standards,
106	114		zoning and subdivision requirements, and regulations of each
107	115		municipality in whose corporate limits or extraterritorial
108	116		jurisdiction the road project is located.
109	117		(b) If a road project is not located in the corporate limits
110	118		or extraterritorial jurisdiction of a municipality, the road
111	119		project must meet all applicable construction standards,
112	120		subdivision requirements, and regulations of each county in which
113	121		the road project is located.
114	122		(c) If the state will maintain and operate the road, the
115	123		Texas Transportation Commission must approve the plans and
116	124		specifications of the road project.
117	125		Sec. 8141.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	126		ORDINANCE OR RESOLUTION. The district shall comply with all
119	127		applicable requirements of any ordinance or resolution that is
120	128		adopted under Section 54.016 or 54.0165, Water Code, and that
121	129		consents to the creation of the district or to the inclusion of land
122	130		in the district.
123	131		Sec. 8141.0306. DIVISION OF DISTRICT. (a) The district may
124	132		be divided into two or more new districts only if the district:
125	133		(1) has no outstanding bonded debt; and
126	134		(2) is not imposing ad valorem taxes.
127	135		(b) This chapter applies to any new district created by the
128	136		division of the district, and a new district has all the powers and
129	137		duties of the district.
130	138		(c) A new district created by the division of the district
131	139		may not, at the time the new district is created, contain any land
132	140		outside the area described by Section 2 of the Act enacting this
133	141		chapter.
134	142		(d) The board, on its own motion or on receipt of a petition
135	143		signed by the owner or owners of a majority of the assessed value of
136	144		the real property in the district, may adopt an order dividing the
137	145		district.
138	146		(e) The board may adopt an order dividing the district
139	147		before or after the date the board holds an election under Section
140	148		8141.0103 to confirm the district's creation.
141	149		(f) An order dividing the district shall:
142	150		(1) name each new district;
143	151		(2) include the metes and bounds description of the
144	152		territory of each new district;
145	153		(3) appoint temporary directors for each new district;
146	154		and
147	155		(4) provide for the division of assets and liabilities
148	156		between the new districts.
149	157		(g) On or before the 30th day after the date of adoption of
150	158		an order dividing the district, the district shall file the order
151	159		with the commission and record the order in the real property
152	160		records of each county in which the district is located.
153	161		(h) A new district created by the division of the district
154	162		shall hold a confirmation and directors' election as required by
155	163		Section 8141.0103. If the voters of a new district do not confirm
156	164		the creation of the new district, the assets, obligations,
157	165		territory, and governance of the new district revert to the
158	166		original district.
159	167		(i) If the creation of the new district is confirmed, the
160	168		new district shall provide the election date and results to the
161	169		commission.
162	170		(j) Any new district created by the division of the district
163	171		must hold an election as required by this chapter to obtain voter
164	172		approval before the district may impose a maintenance tax or issue
165	173		bonds payable wholly or partly from ad valorem taxes.
166	174		(k) Municipal consent to the creation of the district and to
167	175		the inclusion of land in the district granted under Section
168	176		8141.0104 acts as municipal consent to the creation of any new
169	177		district created by the division of the district and to the
170	178		inclusion of land in the new district.
171	179		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
172	180		Sec. 8141.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
173	181		The district may issue, without an election, bonds and other
174	182		obligations secured by:
175	183		(1) revenue other than ad valorem taxes; or
176	184		(2) contract payments described by Section 8141.0403.
177	185		(b) The district must hold an election in the manner
178	186		provided by Chapters 49 and 54, Water Code, to obtain voter approval
179	187		before the district may impose an ad valorem tax or issue bonds
180	188		payable from ad valorem taxes.
181	189		(c) The district may not issue bonds payable from ad valorem
182	190		taxes to finance a road project unless the issuance is approved by a
183	191		vote of a two-thirds majority of the district voters voting at an
184	192		election held for that purpose.
185	193		Sec. 8141.0402. OPERATION AND MAINTENANCE TAX. (a) If
186	194		authorized at an election held under Section 8141.0401, the
187	195		district may impose an operation and maintenance tax on taxable
188	196		property in the district in accordance with Section 49.107, Water
189	197		Code.
190	198		(b) The board shall determine the tax rate. The rate may not
191	199		exceed the rate approved at the election.
192	200		Sec. 8141.0403. CONTRACT TAXES. (a) In accordance with
193	201		Section 49.108, Water Code, the district may impose a tax other than
194	202		an operation and maintenance tax and use the revenue derived from
195	203		the tax to make payments under a contract after the provisions of
196	204		the contract have been approved by a majority of the district voters
197	205		voting at an election held for that purpose.
198	206		(b) A contract approved by the district voters may contain a
199	207		provision stating that the contract may be modified or amended by
200	208		the board without further voter approval.
201	209		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
202	210		Sec. 8141.0501. AUTHORITY TO ISSUE BONDS AND OTHER
203	211		OBLIGATIONS. The district may issue bonds or other obligations
204	212		payable wholly or partly from ad valorem taxes, impact fees,
205	213		revenue, contract payments, grants, or other district money, or any
206	214		combination of those sources, to pay for any authorized district
207	215		purpose.
208	216		Sec. 8141.0502. TAXES FOR BONDS. At the time the district
209	217		issues bonds payable wholly or partly from ad valorem taxes, the
210	218		board shall provide for the annual imposition of a continuing
211	219		direct ad valorem tax, without limit as to rate or amount, while all
212	220		or part of the bonds are outstanding as required and in the manner
213	221		provided by Sections 54.601 and 54.602, Water Code.
214	222		Sec. 8141.0503. BONDS FOR ROAD PROJECTS. At the time of
215	223		issuance, the total principal amount of bonds or other obligations
216	224		issued or incurred to finance road projects and payable from ad
217	225		valorem taxes may not exceed one-fourth of the assessed value of the
218	226		real property in the district.
219	227		SECTION 2. The Williamson County Municipal Utility District
220	228		No. 40 initially includes all the territory contained in the
221	229		following area:
222	230		BEING 1229.695 acres of land, situated in the E. Leichtle
223	231		Survey No. 5, Abstract No. 382 in Williamson County, Texas and
224	232		Abstract No. 524 in Burnet County, Texas, being all of that certain
225	233		tract of land called to contain 950.635 acres in a Warranty Deed
226	234		with Vendor's Lien to Higher Ground Capital, LLC as described in
227	235		Document No. 2020149480, all of that certain tract of land called
228	236		to contain 171.85 acres in a Warranty Deed with Vendor's Lien to
229	237		Higher Ground Capital, LLC as described in Document No. 2020149349
230	238		of the Official Public Records of Williamson County, Texas and all
231	239		of that certain tract of land called to contain 107.21 acres to Todd
232	240		Cox as described in a General Warranty Deed with Vendor's Lien in
233	241		Document No. 2019023574 of the Official Public Records of
234	242		Williamson County, Texas and 201911838 of the Official Public
235	243		Records of Burnet County, Texas; said 1229.695 acres being more
236	244		particularly described as follows, with bearings based on the Texas
237	245		Coordinate System of 1983, South Central Zone:
238	246		BEGINNING: at a calculated point on the Northeastern
239	247		right-of-way of State Highway No. 29 (ROW Varies) for the
240	248		westernmost southwestern corner of the said 171.85-acre tract, a
241	249		corner of the said 950.635-acre tract;
242	250		THENCE: Along the Northeasterly right-of-way of said State
243	251		Highway 29 with the three (3) following courses and distances;
244	252		(1) North 51°06'07" West a distance of 296.61 feet to a
245	253		calculated point for corner;
246	254		(2) North 51°39'07" West a distance of 1356.59 feet to a
247	255		calculated point for the southeastern corner of the said
248	256		107.21-acre tract, the southwestern corner of the said 950.635-acre
249	257		tract, for a corner of this herein described tract;
250	258		(3) North 51°19'37" West a distance of 635.82 feet to a
251	259		calculated point for the southwestern corner of the said
252	260		107.21-acre tract, the southeastern corner of that certain tract of
253	261		land called to contain 20.01 acres in a General Warranty Deed to
254	262		Good Neighbor Storage, LLC in Document No. 2014097763 of the
255	263		Official Public Records of Williamson County, Texas, for the
256	264		southwestern corner of this herein described tract;
257	265		THENCE: North 00°25'08" East a distance of 2138.38 feet along
258	266		the Eastern line of the said 20.01-acre tract, a line of the said
259	267		107.21-acre tract to a calculated point for the northeastern corner
260	268		of the said 20.01-acre tract, a corner of the said 107.21-acre
261	269		tract, for a corner of this herein described tract;
262	270		THENCE: North 89°23'42" West a distance of 1686.80 feet along
263	271		a southern line of the said 107.21 acre tract, the northern line of
264	272		the said 20.01 acre tract, the northern line of that certain tract
265	273		of land called to contain 10.02 acres to Esmaeil Rowshan as
266	274		described in a Warranty Deed with Vendor's Lien in Document
267	275		No. 2006078138 of the Official Public Records of Williamson County,
268	276		Texas to a calculated point on the northeastern line of Burnet
269	277		County Road 266, for the westernmost southwestern corner of the
270	278		said 107.21 acre tract, the northwestern corner of the said 10.02
271	279		acre tract, for a corner of this herein described tract;
272	280		THENCE: North 20°55'38" West a distance of 1337.12 feet along
273	281		a western line of the said 107.21 acre tract, the northeastern line
274	282		of said Burnet County Road 266 to a calculated point for the
275	283		westernmost corner of the said 107.21 acre tract, the southwestern
276	284		corner of that certain tract of land called to contain 12.94 acres
277	285		to Howard Coursey as described in a General Warranty Deed in
278	286		Document No. 2020149480 of the Official Public Records of Burnet
279	287		County, Texas, for a corner of this herein described tract;
280	288		THENCE: South 71°18'58" East a distance of 690.80 feet along
281	289		the southern line of the said 12.94-acre tract, a line of the said
282	290		107.21-acre tract to a calculated point for the southeastern corner
283	291		of the said 12.94-acre tract, an interior corner of the said
284	292		107.21-acre tract, for a corner of this herein described tract;
285	293		THENCE: North 18°42'55" East a distance of 674.10 feet along a
286	294		western line of the said 107.21-acre tract, to a calculated point
287	295		for the northeastern corner of the said 12.94-acre tract, the
288	296		southeastern corner of that certain tract of land called to contain
289	297		13.50 acres to Edward F. Clark as described in a Warranty Deed in
290	298		Document No. 201703973 of the Official Public Records of Burnet
291	299		County, Texas, for a corner of this herein described tract;
292	300		THENCE: North 18°37'00" East a distance of 450.79 feet
293	301		continuing with a western line of the said 107.21-acre tract to a
294	302		calculated point for a corner of the said 107.21-acre tract, the
295	303		northeastern corner of the said 13.50-acre tract, for a corner of
296	304		this herein described tract;
297	305		THENCE: North 71°19'01" West a distance of 50.03 feet along a
298	306		line of the said 107.21-acre tract, the northern line of the said
299	307		13.50-acre tract to a calculated point for a corner of the said
300	308		107.21-acre tract, the southeastern corner of that certain tract of
301	309		land called to contain 5.59 acres to Brazos L. Cardwell as described
302	310		in a General Warranty Deed in Document No. 201605277 of the
303	311		Official Public Records of Burnet County, Texas, for a corner of
304	312		this herein described tract;
305	313		THENCE: North 18°42'39" East a distance of 1219.14 feet along
306	314		a western line of the said 107.21-acre tract, the eastern line of
307	315		the said 5.59-acre tract to a calculated point on the southern line
308	316		of Burnet County Road 264, for the northeastern corner of the said
309	317		5.59-acre tract, the northernmost northwestern corner of the said
310	318		107.21-acre tract, for a corner of this herein described tract;
311	319		THENCE: South 71°25'54" East a distance of 49.97 feet along
312	320		the southern line of said Burnet County Road 264 to a calculated
313	321		point for the northernmost northeastern corner of the said
314	322		107.21-acre tract, the northwestern corner of that certain tract of
315	323		land called to contain 3.10 acres to Louise Dalton as described in a
316	324		Warranty Deed in Document No. 200709836 of the Official Public
317	325		Records of Burnet County, Texas;
318	326		THENCE: South 18°41'18" West a distance of 1149.99 feet along
319	327		a line of the said 107.21 acre tract, the western line of the said
320	328		3.10 acre, the western line of that certain tract of land being the
321	329		remainder of a called 19.66 acres to Marsha Johnson as described in
322	330		a Special Warranty Deed with Vendor's Lien in Volume 1348, Page 405
323	331		of the Official Public Records of Burnet County, Texas to a
324	332		calculated point for the southwestern corner of the said 19.66 acre
325	333		tract, a corner of the said 107.21 acre tract, for a corner of this
326	334		herein described tract;
327	335		THENCE: South 70°12'07" East a distance of 476.31 feet along
328	336		the southern line of the said 19.66 acre tract, a line of the
329	337		remainder of a 16.64 acre tract in Volume 658, Page 200 of the Deed
330	338		Records of Williamson County, Texas to a calculated point for the
331	339		westernmost corner of that certain tract of land called to contain
332	340		21.113 acres to David S. Karpenske as described in Document
333	341		No. 2018059486 of the Official Public Records of Williamson County,
334	342		Texas, a corner of the said 107.21 acre tract, for a corner of this
335	343		herein described tract;
336	344		THENCE: along the common lines of the said 107.21-acre tract
337	345		and the said 21.113-acre tract with the following four (4) courses
338	346		and distances;
339	347		(1) South 45°17'39" East a distance of 487.78 feet to a
340	348		calculated point for a corner of this herein described tract;
341	349		(2) South 07°31'40" East a distance of 790.14 feet to a
342	350		calculated point for a corner of this herein described tract;
343	351		(3) North 79°56'03" East a distance of 320.49 feet to a
344	352		calculated point for a corner of this herein described tract;
345	353		(4) North 88°03'43" East a distance of 417.90 feet to a
346	354		calculated point on the Western line of the said 950.635-acre
347	355		tract, for the southeastern corner of the said 21.113-acre tract,
348	356		for a corner of this herein described tract;
349	357		THENCE: North 00°26'00" East a distance of 1913.53 feet along
350	358		the eastern line of the said 21.113-acre tract, the eastern line of
351	359		that certain tract of land called to contain 10.663 acres to Clinton
352	360		C. Hamilton as described in a Receiver's Deed in Document
353	361		No. 2019097604 of the Official Public Records of Williamson County,
354	362		Texas, to a calculated point on the southwesterly right-of-way of
355	363		the Southern Pacific Railroad (100' Right-of-way) for the
356	364		northeastern corner of the said 10.663 acres, the northwestern
357	365		corner of the said 950.635 acre tract, for the Northwestern corner
358	366		of this herein described tract;
359	367		THENCE: Along the southwestern right-of-way of the said
360	368		Southern Pacific Railroad with the seven (7) following courses and
361	369		distances;
362	370		(1) South 71°25'42" East a distance of 7871.28 feet to a
363	371		calculated point for corner;
364	372		(2) South 71°30'49" East a distance of 877.87 feet to a
365	373		calculated point for corner;
366	374		(3) South 71°28'50" East a distance of 1044.93 feet to a
367	375		calculated point for corner;
368	376		(4) South 69°26'50" East a distance of 218.43 feet to a
369	377		calculated point for corner;
370	378		(5) South 62°26'50" East a distance of 194.63 feet to a
371	379		calculated point for corner;
372	380		(6) South 59°27'52" East a distance of 1288.91 feet to a
373	381		calculated point for corner;
374	382		(7) South 59°25'43" East a distance of 919.44 feet to a
375	383		calculated point for the most northern corner of that certain tract
376	384		of land called to contain 22.005 acres to Edena Bray Harris as
377	385		described in an Executor's Deed in Document No. 2018052583 of the
378	386		Official Public Records of Williamson County, Texas, for the
379	387		easternmost corner of the said 950.635-acre tract, for the
380	388		easternmost corner of this herein described tract;
381	389		THENCE: South 68°43'21" West a distance of 291.70 feet
382	390		departing the southwesterly right-of-way line of said Southern
383	391		Pacific Railroad and the along the northerly line of the said
384	392		22.005-acre tract to a calculated point for the northwestern corner
385	393		of the said 22.005-acre tract, the northern most corner of that
386	394		certain tract of land called to contain 546.33 acres to Butler
387	395		Family Partnership, Ltd as described in Document No. 2010087926 of
388	396		the Official Public Record of Williamson County, Texas, for a
389	397		corner of this herein described tract;
390	398		THENCE: along the northwesterly line of the said 546.33-acre
391	399		tract, with the following three (3) courses and distances;
392	400		(1) South 68°42'10" West a distance of 401.10 feet to a
393	401		calculated point for corner;
394	402		(2) South 67°54'46" West a distance of 681.61 feet to a
395	403		calculated point for corner;
396	404		(3) South 69°38'35" West a distance of 380.63 feet to a
397	405		calculated point for corner;
398	406		THENCE: South 69°40'05" West a distance of 1081.10 feet
399	407		continuing along the northwesterly line of the said 546.33-acre
400	408		tract and the northwesterly of the certain tract of land called to
401	409		contain 134.741 acres to Dinah Beth Brothers in a Warranty Deed with
402	410		Vendor's Lien in Document No. 2008063553 of the Official Public
403	411		Records of Williamson County, Texas, to a calculated point for a
404	412		corner of this herein described tract;
405	413		THENCE: continuing along the northwesterly line of the said
406	414		134.741-acre tract with the following seven (7) courses and
407	415		distances;
408	416		(1) North 54°17'26" West a distance of 18.60 feet to a
409	417		calculated point for corner;
410	418		(2) South 68°44'09" West a distance of 948.36 feet to a
411	419		calculated point for corner;
412	420		(3) South 68°11'18" West a distance of 602.77 feet to a
413	421		calculated point for corner;
414	422		(4) South 68°35'55" West a distance of 588.11 feet to a
415	423		calculated point for corner;
416	424		(5) South 77°19'22" West a distance of 35.17 feet to a
417	425		calculated point for corner;
418	426		(6) South 45°15'34" West a distance of 10.93 feet to a
419	427		calculated point for corner;
420	428		(7) South 68°37'50" West a distance of 835.61 feet to a
421	429		calculated point for the northwesterly corner of the said
422	430		134.741-acre tract, the same being the northernmost corner of that
423	431		certain tract of land called to contain 76.00 acres of land to LH29
424	432		Land Holdings, LLC as described in a General Warranty Deed in
425	433		Document NO. 2015110967 of the Official Public Records of
426	434		Williamson County, Texas for a corner of this herein described
427	435		tract;
428	436		THENCE: along the northwesterly line of the said 76.00 -acre
429	437		tract of land with the following four (4) courses and distances;
430	438		(1) South 68°50'47" West a distance of 289.93 feet to a
431	439		calculated point for corner;
432	440		(2) South 69°12'48" West a distance of 766.35 feet to a
433	441		calculated point for corner;
434	442		(3) South 69°26'08" West a distance of 160.97 feet to a
435	443		calculated point for corner;
436	444		(4) South 68°27'56" West a distance of 417.26 feet to a
437	445		calculated point for the northwesterly corner of the said
438	446		76.00-acre tract, the northernmost corner of that certain tract of
439	447		land called to contain 43.88 acres to Wilson Lay & Theary Korng as
440	448		described in a General Warranty Deed with Vendor's Lien in Document
441	449		No. 2015099491 of the Official Public Records of Williamson County,
442	450		Texas, for a corner of this herein described tract;
443	451		THENCE: South 69°02'02" West a distance of 131.00 feet along
444	452		the northwesterly line of the said 43.88-acre tract to a calculated
445	453		point for the easternmost corner of the said 171.85-acre tract, for
446	454		a corner of this herein described tract;
447	455		THENCE: South 69°22'52" West a distance of 1724.86 feet
448	456		continuing along the southeasterly line of the said 171.85-acre
449	457		tract, the northwestern line of the said 43.88-acre tract to a
450	458		calculated point on the northeastern right-of-way line of said
451	459		State Highway 29 for the northwestern corner of the said 43.88-acre
452	460		tract, the southernmost corner of the said 171.85-acre tract, for
453	461		the southernmost corner of this herein described tract;
454	462		THENCE: along the northeasterly line of said State Highway
455	463		29, the southwestern line of the said 171.85-acre tract with the
456	464		following four (4) courses and distances;
457	465		(1) North 54°31'00" West a distance of 278.88 feet to a
458	466		calculated point for corner;
459	467		(2) North 48°34'12" West a distance of 301.11 feet to a
460	468		calculated point for corner;
461	469		(3) North 54°15'16" West a distance of 201.54 feet to a
462	470		calculated point for corner;
463	471		(4) North 48°39'46" West a distance of 1017.60 feet to a
464	472		calculated point for corner;
465	473		THENCE: Continuing along the northeastern line of said State
466	474		Highway 29, the southwestern line of the said 171.85-acre tract
467	475		with a curve to the left having a Delta angle of 01°15'37", a Radius
468	476		of 11519.16 feet, an Arc length of 253.39 feet with the chord of the
469	477		curve North 48°37'54" West a distance of 253.38 feet to the POINT OF
470	478		BEGINNING and CONTAINING an area of 1229.695 acres of land, more or
471	479		less.
472	480		SECTION 3. (a) The legal notice of the intention to
473	481		introduce this Act, setting forth the general substance of this
474	482		Act, has been published as provided by law, and the notice and a
475	483		copy of this Act have been furnished to all persons, agencies,
476	484		officials, or entities to which they are required to be furnished
477	485		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
478	486		Government Code.
479	487		(b) The governor, one of the required recipients, has
480	488		submitted the notice and Act to the Texas Commission on
481	489		Environmental Quality.
482	490		(c) The Texas Commission on Environmental Quality has filed
483	491		its recommendations relating to this Act with the governor, the
484	492		lieutenant governor, and the speaker of the house of
485	493		representatives within the required time.
486	494		(d) All requirements of the constitution and laws of this
487	495		state and the rules and procedures of the legislature with respect
488	496		to the notice, introduction, and passage of this Act are fulfilled
489	497		and accomplished.
490	498		SECTION 4. (a) If this Act does not receive a two-thirds
491	499		vote of all the members elected to each house, Subchapter C, Chapter
492	500		8141, Special District Local Laws Code, as added by Section 1 of
493	501		this Act, is amended by adding Section 8141.0307 to read as follows:
494	502		Sec. 8141.0307. NO EMINENT DOMAIN POWER. The district may
495	503		not exercise the power of eminent domain.
496	504		(b) This section is not intended to be an expression of a
497	505		legislative interpretation of the requirements of Section 17(c),
498	506		Article I, Texas Constitution.
499	507		SECTION 5. This Act takes effect immediately if it receives
500	508		a vote of two-thirds of all the members elected to each house, as
501	509		provided by Section 39, Article III, Texas Constitution. If this
502	510		Act does not receive the vote necessary for immediate effect, this
503	511		Act takes effect September 1, 2021.
504		-	______________________________ ______________________________
505		-	President of the Senate Speaker of the House
506		-	I certify that H.B. No. 4609 was passed by the House on May 8,
507		-	2021, by the following vote: Yeas 109, Nays 30, 2 present, not
508		-	voting; and that the House concurred in Senate amendments to H.B.
509		-	No. 4609 on May 28, 2021, by the following vote: Yeas 96, Nays 51,
510		-	1 present, not voting.
511		-	______________________________
512		-	Chief Clerk of the House
513		-	I certify that H.B. No. 4609 was passed by the Senate, with
514		-	amendments, on May 27, 2021, by the following vote: Yeas 30, Nays
515		-	1.
516		-	______________________________
517		-	Secretary of the Senate
518		-	APPROVED: __________________
519		-	Date
520		-	__________________
521		-	Governor
	512	+	* * * * *