Texas 2021 - 87th Regular

Texas House Bill HB4645 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4645
	1	+	By: Cyrier (Senate Sponsor - Eckhardt) H.B. No. 4645
	2	+	(In the Senate - Received from the House May 17, 2021;
	3	+	May 17, 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. 4645 By: Springer
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation of the Wildwood Municipal Utility
6	14		District; granting a limited power of eminent domain; providing
7	15		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 7946A to read as follows:
12	20		CHAPTER 7946A. WILDWOOD MUNICIPAL UTILITY DISTRICT
13	21		SUBCHAPTER A. GENERAL PROVISIONS
14	22		Sec. 7946A.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 Wildwood Municipal Utility
20	28		District.
21	29		Sec. 7946A.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. 7946A.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. 7946A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	37		temporary directors may not hold an election under Section
30	38		7946A.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. 7946A.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. 7946A.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. 7946A.0201. GOVERNING BODY; TERMS. (a) The district
58	66		is governed by a board of five elected directors.
59	67		(b) Except as provided by Section 7946A.0202, directors
60	68		serve staggered four-year terms.
61	69		Sec. 7946A.0202. TEMPORARY DIRECTORS. (a) The temporary
62	70		board consists of:
63	71		(1) Byron Frankland;
64	72		(2) Billy Wayne (Trey) Newby III;
65	73		(3) John Azar;
66	74		(4) Fred Nagel; and
67	75		(5) Suzan Leigh Randall.
68	76		(b) Temporary directors serve until the earlier of:
69	77		(1) the date permanent directors are elected under
70	78		Section 7946A.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 7946A.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 7946A.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. 7946A.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. 7946A.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. 7946A.0303. AUTHORITY FOR ROAD PROJECTS. Under
99	107		Section 52, Article III, Texas Constitution, the district may
100	108		design, acquire, construct, finance, issue bonds for, improve,
101	109		operate, maintain, and convey to this state, a county, or a
102	110		municipality for operation and maintenance macadamized, graveled,
103	111		or paved roads, or improvements, including storm drainage, in aid
104	112		of those roads.
105	113		Sec. 7946A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	114		road project must meet all applicable construction standards,
107	115		zoning and subdivision requirements, and regulations of each
108	116		municipality in whose corporate limits or extraterritorial
109	117		jurisdiction the road project is located.
110	118		(b) If a road project is not located in the corporate limits
111	119		or extraterritorial jurisdiction of a municipality, the road
112	120		project must meet all applicable construction standards,
113	121		subdivision requirements, and regulations of each county in which
114	122		the road project is located.
115	123		(c) If the state will maintain and operate the road, the
116	124		Texas Transportation Commission must approve the plans and
117	125		specifications of the road project.
118	126		Sec. 7946A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	127		ORDINANCE OR RESOLUTION. The district shall comply with all
120	128		applicable requirements of any ordinance or resolution that is
121	129		adopted under Section 54.016 or 54.0165, Water Code, and that
122	130		consents to the creation of the district or to the inclusion of land
123	131		in the district.
124	132		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	133		Sec. 7946A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
126	134		The district may issue, without an election, bonds and other
127	135		obligations secured by:
128	136		(1) revenue other than ad valorem taxes; or
129	137		(2) contract payments described by Section
130	138		7946A.0403.
131	139		(b) The district must hold an election in the manner
132	140		provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	141		before the district may impose an ad valorem tax or issue bonds
134	142		payable from ad valorem taxes.
135	143		(c) The district may not issue bonds payable from ad valorem
136	144		taxes to finance a road project unless the issuance is approved by a
137	145		vote of a two-thirds majority of the district voters voting at an
138	146		election held for that purpose.
139	147		Sec. 7946A.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	148		authorized at an election held under Section 7946A.0401, the
141	149		district may impose an operation and maintenance tax on taxable
142	150		property in the district in accordance with Section 49.107, Water
143	151		Code.
144	152		(b) The board shall determine the tax rate. The rate may not
145	153		exceed the rate approved at the election.
146	154		Sec. 7946A.0403. CONTRACT TAXES. (a) In accordance with
147	155		Section 49.108, Water Code, the district may impose a tax other than
148	156		an operation and maintenance tax and use the revenue derived from
149	157		the tax to make payments under a contract after the provisions of
150	158		the contract have been approved by a majority of the district voters
151	159		voting at an election held for that purpose.
152	160		(b) A contract approved by the district voters may contain a
153	161		provision stating that the contract may be modified or amended by
154	162		the board without further voter approval.
155	163		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	164		Sec. 7946A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	165		OBLIGATIONS. The district may issue bonds or other obligations
158	166		payable wholly or partly from ad valorem taxes, impact fees,
159	167		revenue, contract payments, grants, or other district money, or any
160	168		combination of those sources, to pay for any authorized district
161	169		purpose.
162	170		Sec. 7946A.0502. TAXES FOR BONDS. At the time the district
163	171		issues bonds payable wholly or partly from ad valorem taxes, the
164	172		board shall provide for the annual imposition of a continuing
165	173		direct ad valorem tax, without limit as to rate or amount, while all
166	174		or part of the bonds are outstanding as required and in the manner
167	175		provided by Sections 54.601 and 54.602, Water Code.
168	176		Sec. 7946A.0503. BONDS FOR ROAD PROJECTS. At the time of
169	177		issuance, the total principal amount of bonds or other obligations
170	178		issued or incurred to finance road projects and payable from ad
171	179		valorem taxes may not exceed one-fourth of the assessed value of the
172	180		real property in the district.
173	181		SECTION 2. The Wildwood Municipal Utility District
174	182		initially includes all the territory contained in the following
175	183		area:
176	184		DESCRIPTION OF APPROXIMATELY 418.30 ACRES OF LAND IN THE JOSE
177	185		ANTONIO NAVARRO GRANT, ABSTRACT NO. 53, BASTROP COUNTY, TEXAS;
178	186		BEING ALL OF A CERTAIN CALLED 121.72 ACRE TRACT DESCRIBED IN THE
179	187		SPECIAL WARRANTY DEED TO HAL BERDOLL AND WIFE, LISA BERDOLL OF
180	188		RECORD IN DOCUMENT NO. 201413308, OFFICIAL PUBLIC RECORDS OF
181	189		BASTROP COUNTY, TEXAS, ALL OF A CERTAIN CALLED 168.95 ACRE TRACT
182	190		DESIGNATED AS TRACT 4 AND DESCRIBED IN THE SPECIAL WARRANTY DEED TO
183	191		HAL BERDOLL AND WIFE, LISA BERDOLL OF RECORD IN DOCUMENT NO.
184	192		201413307, OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS, A
185	193		PORTION OF A CERTAIN CALLED 1.98 ACRE TRACT DESIGNATED AS TRACT 1
186	194		AND DESCRIBED IN THE SAID SPECIAL WARRANTY DEED TO HAL BERDOLL AND
187	195		WIFE, LISA BERDOLL OF RECORD IN DOCUMENT NO. 201413307, OFFICIAL
188	196		PUBLIC RECORDS OF BASTROP COUNTY, TEXAS, A PORTION OF A CERTAIN
189	197		CALLED 67.83 ACRE TRACT DESIGNATED AS TRACT 2 AND DESCRIBED IN THE
190	198		SAID SPECIAL WARRANTY DEED TO HAL BERDOLL AND WIFE, LISA BERDOLL OF
191	199		RECORD IN DOCUMENT NO. 201413307, OFFICIAL PUBLIC RECORDS OF
192	200		BASTROP COUNTY, TEXAS, ALL OF A CERTAIN CALLED 0.64 ACRE TRACT
193	201		DESCRIBED IN EXHIBIT A-1 , AND A PORTION OF A CERTAIN CALLED 1.21
194	202		ACRE TRACT DESCRIBED IN EXHIBIT A-2, IN THE DEED WITHOUT WARRANTY TO
195	203		HAL BERDOLL AND WIFE, LISA BERDOLL OF RECORD IN DOCUMENT NO.
196	204		201413309, OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS, ALL OF
197	205		A CERTAIN CALLED 62.586 ACRE TRACT DESCRIBED IN EXHIBIT A-2, IN THE
198	206		GENERAL WARRANTY DEED TO BERDOLL INVESTMENTS LP OF RECORD IN
199	207		DOCUMENT NO. 201312598, OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY,
200	208		TEXAS, ALL OF A CERTAIN CALLED 24.012 ACRE TRACT DESIGNATED AS TRACT
201	209		2 AND DESCRIBED IN EXHIBIT B, IN THE GENERAL WARRANTY DEED TO HAL
202	210		BERDOLL AND WIFE, LISA BERDOLL OF RECORD IN DOCUMENT NO. 201510944,
203	211		OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS, A PORTION OF A
204	212		CERTAIN CALLED 6.177 ACRE TRACT DESIGNATED AS TRACT 1 AND DESCRIBED
205	213		IN EXHIBIT A, IN THE SAID GENERAL WARRANTY DEED TO HAL BERDOLL AND
206	214		WIFE, LISA BERDOLL OF RECORD IN DOCUMENT NO. 201510944, OFFICIAL
207	215		PUBLIC RECORDS OF BASTROP COUNTY, TEXAS, A PORTION OF A CERTAIN
208	216		CALLED 0.306 ACRE TRACT DESCRIBED IN THE SPECIAL WARRANTY DEED TO
209	217		HAL BERDOLL AND WIFE, LISA BERDOLL OF RECORD IN DOCUMENT NO.
210	218		201111355, DOCUMENT NO. 201701630, AND DOCUMENT NO. 201701631,
211	219		OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS; SAID 418.30 ACRES
212	220		OF LAND, BEING COMPRISED OF TRACT 1 - 449.03 ACRES, AND TRACT 2 -
213	221		5.563 ACRES, SAVE AND EXCEPT TRACT 3 - 35.66 ACRES, AND SAVE AND
214	222		EXCEPT TRACT 4 - 0.637, AS SURVEYED BY LANDDEV CONSULTING, LLC,
215	223		BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
216	224		TRACT 1 - 449.03 Acres
217	225		BEGINNING at a bolt found in the south right-of-way line of
218	226		State Highway 71, a variable-with right-of-way, at the northeast
219	227		corner of the said 62.586 acre tract, same being the northwest
220	228		corner of Lot 1, JW Subdivision, a subdivision according to the plat
221	229		or map of record in Cabinet 7, Page 68-A, Plat Records of Bastrop
222	230		County, Texas, for the northeast corner of the tract described
223	231		herein;
224	232		THENCE with the east line of the said 62.586 acre tract, and
225	233		the west line of said Lot 1, JW Subdivision, with an east line of the
226	234		tract described herein, the following two (2) courses and
227	235		distances:
228	236		1. S 28°22'06" W, a distance of 604.12 feet to a calculated
229	237		angle point at the southwest corner of said Lot 1, JW Subdivision,
230	238		for an angle point in an east line of the tract described herein,
231	239		and
232	240		2. S 27°42'48" W, at a distance of 2,184.16 feet, passing a
233	241		1/2-inch iron rod and continuing for a total distance of 2,185.28
234	242		feet to an axle found in the north line of a certain called 1,443.0
235	243		acre tract designated as Second Tract and described in the deed to
236	244		John W. Caldwell, Jr. of record in Document No. 201816538, Official
237	245		Public Records of Bastrop County, Texas, for the easterly southeast
238	246		corner of the tract described herein;
239	247		THENCE with a south line of the said 62.586 acre tract, the
240	248		south line of the said 67.83 acre tract, and the south line of the
241	249		said 0.64 acre tract, with the north line of the said 1,443.0 acre
242	250		tract, with a south line of the tract described herein, the
243	251		following four (4) courses and distances:
244	252		1. N 62°30'36" W, a distance of 578.60 feet to a 1/2-inch
245	253		iron rod found at an angle point,
246	254		2. N 62°05'35" W, a distance of 422.69 feet to a 1-inch
247	255		square iron rod found at an angle point,
248	256		3. N 62°07'59" W, a distance of 1,883.16 feet to a 5/8-inch
249	257		iron rod with a red illegible plastic cap found at a point-on-line,
250	258		and
251	259		4. N 62°07'59" W, a distance of 27.48 feet to a 3-inch metal
252	260		fence post found in the east line of the said 168.95 acre tract, at
253	261		the southwest corner of the said 0.64 acre tract, for a re-entrant
254	262		corner of the tract described herein,
255	263		THENCE with the east line of the said 168.95 acre tract, and
256	264		the east line of the said 121.72 acre tract, with the west line of
257	265		the said 1,443.0 acre tract, with an east line of the tract
258	266		described herein, the following three (3) courses and distances:
259	267		1. S 27°33'16" W, a distance of 1,350.13 feet to a 1/2-inch
260	268		iron rod found at an angle point,
261	269		2. S 27°33'46" W, a distance of 2,962.00 feet to a leaning
262	270		1/2-inch iron rod found at the southeast corner of the said 168.95
263	271		acre tract and the northeast corner of the said 121.72 acre tract,
264	272		and
265	273		3. S 27°20'28" W, a distance of 2,815.27 feet to a 1-inch
266	274		iron pipe found in the north line of a certain called 769.524 acre
267	275		tract designated as Tract 2 and described in the deed to Carr Family
268	276		Partnership, LTD. of record in Volume 736, page 233, Official
269	277		Public Records of Bastrop County, Texas, at the southeast corner of
270	278		the said 121.72 acre tract, for the southerly southeast corner of
271	279		the tract described herein;
272	280		THENCE N 62°35'22" W, with the north line of the said 769.524
273	281		acre tract, with the south line of the said 121.72 acre tract, with
274	282		a south line of the tract described herein, a distance of 1,884.51
275	283		feet to a 1/2-inch iron rod found in the east line of a certain
276	284		called 951.10 acre tract described in the deed to Carr Family
277	285		partnership, LTD. of record in Document No. 956, Page 441, Deed
278	286		Records of Bastrop County, Texas, at the southwest corner of the
279	287		said 121.72 acre tract, for the southwest corner of the tract
280	288		described herein;
281	289		THENCE N 27°17'56" E, leaving the north line of the said
282	290		769.524 acre tract, with the east line of the said 951.10 acre
283	291		tract, with the west line of the said 121.72 acre tract, with the
284	292		west line of the tract described herein, a distance of 2,809.87 feet
285	293		to a calculated point for the northwest corner of the said 121.72
286	294		acre tract and the southwest corner of the said 168.95 acre tract,
287	295		for an angle point in the west line of the tract described herein;
288	296		THENCE with the west and north lines of the said 168.95 acre
289	297		tract, with the west and north lines of the tract described herein,
290	298		the following four (4) courses and distances:
291	299		1. N 27°21'42" E, with the east line of the said 951.10 acre
292	300		tract, a distance of 3,164.61 feet to a 1/2-inch iron pipe found at
293	301		the westerly northwest corner of the said 168.95 acre tract and the
294	302		southwest corner of a certain called 48.634 acre tract described in
295	303		the deed to Clarence L. Vinklarek et. Ux. of record in Volume 217,
296	304		Page 208, Deed Records of Bastrop County, Texas,
297	305		2. S 62°34'59" E, with the south line of the said 48.634 acre
298	306		tract, a distance of 1,225.65 feet to a 1/2-inch iron pipe found at
299	307		a re-entrant corner,
300	308		3. N 27°27'06" E, a distance of 2,050.44 feet to a 1/2-inch
301	309		iron rod found at the northerly northwest corner of the said 168.95
302	310		acre tract, same being the southwest corner of a certain called
303	311		6.667 acre tract described in the gift deed to Katie Frerich
304	312		Karnstadt of record in Document No. 201406127, Official Public
305	313		Records of Bastrop County, Texas, and
306	314		4. S 62°32'13" E, with the south line of the said 6.667 acre
307	315		tract, and the south line of a certain called 3.707 acre tract
308	316		described in the deed to Robert Frerich and Tamara Frerich of record
309	317		in Document No. 200112158, Official Public Records of Bastrop
310	318		County, Texas, a distance of 670.10 feet to a 1/2-inch iron pipe
311	319		found at the northeast corner of the said 168.95 acre tract, and the
312	320		southeast corner of the said 3.707 acre tract, same being the
313	321		southwest corner of the said 1.21 acre tract, for a re-entrant
314	322		corner of the tract described herein;
315	323		THENCE N 27°31'42" E, with the west line of the said 1.21 acre
316	324		tract, and the east line of the said 3.707 acre tract, with the west
317	325		line of the tract described herein, a distance of 1,629.03 feet to a
318	326		calculated point for the northwest corner of the said 1.21 acre
319	327		tract, for a northwest corner of the tract described herein;
320	328		THENCE S 78°22'38" E, a distance of 31.12 feet to a bent 1-inch
321	329		iron pipe found at the northeast corner of the said 1.21 acre tract
322	330		and the northwest corner of the said 1.98 acre tract, for a
323	331		northwest corner of the tract described herein;
324	332		THENCE S 77°54'08" E, with the north line of the said 1.98 acre
325	333		tract, with a north line of the tract described herein, a distance
326	334		of 363.53 feet to a 1-1/2-inch iron pipe found at the northeast
327	335		corner of the said 1.98 acre tract, same being the northerly
328	336		northwest corner of a certain tract designated as Tract Two and
329	337		described in the deed to Lina Sue West of record in Document
330	338		No. 20190184, Official Public Records of Bastrop County, Texas, for
331	339		a northeast corner of the tract described herein;
332	340		THENCE with an east and south line of the said 1.98 acre
333	341		tract, with a west and north line of the said Second Tract, with an
334	342		east and south line of the tract described herein, the following two
335	343		(2) courses and distances:
336	344		1. S 26°56'38" W, a distance of 241.66 feet to a calculated
337	345		point for the southeast corner of the said 1.98 acre tract, and
338	346		2. N 79°19'42" W, a distance of 366.39 feet to a bent 1-inch
339	347		iron pipe found in the east line of the said 1.21 acre tract, at the
340	348		southwest corner of the said 1.98 acre tract, for a re-entrant
341	349		corner of the tract described herein;
342	350		THENCE S 27°21'26" W, with the west line of the said Second
343	351		Tract, with the east line of the said 1.21 acre tract, with the west
344	352		line of the tract described herein, a distance of 812.51 feet to a
345	353		5/8-inch iron rod found at the southwest corner of the said Second
346	354		Tract, and the westerly northwest corner of the said 67.83 acre
347	355		tract for a re-entrant corner of the tract described herein;
348	356		THENCE with the south and east line of the said Second Tract,
349	357		with a north and west line of the said 67.83 acre tract, with a north
350	358		and west line of the tract described herein, the following two (2)
351	359		courses and distances:
352	360		1. S 62°08'29" E, a distance of 1,149.03 feet to an 8-inch
353	361		fence post found at the southeast corner of the said Second Tract
354	362		and a re-entrant corner of the said 67.83 acre tract, and
355	363		2. N 28°26'14" E, a distance of 1,440.02 feet to a calculated
356	364		point for the northeast corner of the said Second Tract, and a
357	365		northwest corner of the said 67.83 acre tract, for a northwest
358	366		corner of the tract described herein;
359	367		THENCE with the south right-of-way line of said State Highway
360	368		71, with the north line of the said 67.83 acre tract, with the north
361	369		line of the said 24.012 acre tract, and with the north line of the
362	370		said 62.586 acre tract, with the north line of the tract described
363	371		herein, the following six (6) courses and distances:
364	372		1. S 76°31'21" E, a distance of 22.68 feet to a fence post
365	373		found at an angle point,
366	374		2. S 79°43'49" E, a distance of 101.07 feet to a Texas
367	375		Department of Transportation (TxDOT) Type-I concrete monument
368	376		found at a point-of-curvature,
369	377		3. With the arc of a curve to the right, having a radius of
370	378		2,755.03 feet, an arc distance of 189.73 feet, and a chord which
371	379		bears S 78°28'39" E, a distance of 189.70 feet to a calculated
372	380		non-tangent end of curve,
373	381		4. S 53°05'32" E, a distance of 454.67 feet to a Texas
374	382		Department of Transportation (TxDOT) Type-I concrete monument
375	383		found at an angle point,
376	384		5. S 55°16'20" E, a distance of 69.16 feet to a calculated
377	385		angle point, and
378	386		6. S 54°07'31" E, a distance of 918.17 feet to the POINT OF
379	387		BEGINNING and containing 449.03 acres of land, more or less.
380	388		TRACT 2 - 5.563 Acres
381	389		BEGINNING at a Texas Department of Transportation (TxDOT)
382	390		Type-II concrete monument found in the south right-of-way line of
383	391		State Highway 71, a variable-width right-of-way, in the north line
384	392		of the said 6.177 acre tract, at the northeast corner of a certain
385	393		called 0.9152 acre tract designated as Parcel 26 and described in
386	394		the deed to the State of Texas of record in Document No. 202005708,
387	395		Official Public Records of Bastrop County, Texas, for a northwest
388	396		corner an POINT OF BEGINNING of the tract described herein;
389	397		THENCE S 59°57'55" E, a distance of 722.58 feet to a
390	398		calculated point for the east corner of the said 6.177 acre tract,
391	399		for the east corner of the tract described herein;
392	400		THENCE with the north line of the vacated portion of State
393	401		Highway 71, with the south line of the said 6.177 acre tract, and
394	402		with the south line of the said 0.306 acre tract, with the south
395	403		line of the tract described herein, the following three (3) courses
396	404		and distances:
397	405		1. N 80°14'31" W, at a distance of 906.31 feet, passing a
398	406		Texas Department of Transportation (TxDOT) Type-I concrete
399	407		monument found at a point-on-line, and continuing for a total
400	408		distance of 1,060.87 feet to a Texas Department of Transportation
401	409		(TxDOT) Type-I concrete monument found at a point-of-curvature,
402	410		2. With the arc of a curve to the right, having a radius of
403	411		1,504.75 feet, an arc distance of 214.68 feet, and a chord which
404	412		bears N 77°15'23" W, a distance of 214.50 feet to a calculated point
405	413		for the southeast corner of the said 0.306 acre tract, for a point
406	414		of compound-curvature in the south line of the tract described
407	415		herein, and
408	416		3. With the arc of a curve to the right, having a radius of
409	417		1,858.52 feet, an arc distance of 30.16 feet, and a chord which
410	418		bears N 72°08'53" W, a distance of 30.16 feet to a calculated point
411	419		in the east line of a certain called 3.707 acre tract described in
412	420		the deed to Robert Frerich and Tamara Frerich of record in Document
413	421		No. 200112158, Official Public Records of Bastrop County, Texas,
414	422		for the southwest corner of the said 0.306 acre tract, for the
415	423		southwest corner of the tract described herein;
416	424		THENCE N 27°36'14" E, with the west line of the said 0.306 acre
417	425		tract and the east line of the said 3.707 acre tract, with the west
418	426		line of the tract described herein, a distance of 371.91 feet to an
419	427		iron rod with a 2-inch aluminum cap stamped "TxDOT" found at the
420	428		southwest corner of the said 0.9152 acre tract, for the westerly
421	429		northwest corner of the tract described herein;
422	430		THENCE leaving the west line of the said 3.707 acre tract,
423	431		crossing the said 0.306 acre tract and the said 6.177 acre tract,
424	432		with the south and east lines of the said 0.9152 acre tract, with
425	433		the north and west lines of the tract described herein, the
426	434		following five (5) courses and distances:
427	435		1. S 59°59'51" E, a distance of 122.61 feet to a Texas
428	436		Department of Transportation (TxDOT) Type-II concrete monument
429	437		found at an angle point,
430	438		2. S 52°51'00" E, a distance of 201.55 feet to a Texas
431	439		Department of Transportation (TxDOT) Type-II concrete monument
432	440		found at an angle point,
433	441		3. S 68°35'00" E, a distance of 101.08 feet to a Texas
434	442		Department of Transportation (TxDOT) Type-II concrete monument
435	443		found at an angle point,
436	444		4. S 59°56'27" E, a distance of 100.02 feet to a Texas
437	445		Department of Transportation (TxDOT) Type-II concrete monument
438	446		found at an angle point, and
439	447		5. N 30°04'14" E, a distance of 75.98 feet to the POINT OF
440	448		BEGINNING and containing 5.563 acres of land, more or less.
441	449		TRACT 3 - SAVE AND EXCEPT 35.66 Acres
442	450		BEGINNING at a 5/8-inch iron rod found at the westerly
443	451		northwest corner of the said 67.83 acre tract, in the west line of
444	452		the said 1.21 acre tract, same being the southwest corner of a
445	453		certain tract designated as Tract Two and described in the deed to
446	454		Lina Sue West of record in Document No. 20190184, Official Public
447	455		Records of Bastrop County, Texas, for the northwest corner and
448	456		POINT OF BEGINNING of the tract described herein;
449	457		THENCE S 62°08'29" E, with the south line of the said Second
450	458		Tract, with a north line of the said 67.83 acre tract, a distance of
451	459		581.20 feet to a calculated point for the northeast corner of the
452	460		tract described herein;
453	461		THENCE leaving the south line of the said Second Tract,
454	462		crossing the said 67.83 acre tract, with the east line of the tract
455	463		described herein, the following two (2) courses and distances:
456	464		1. S 05°37'30" E, a distance of 1,151.62 feet to a calculated
457	465		angle point, and
458	466		2. S 01°52'30" E, a distance of 587.94 feet to a calculated
459	467		point in the north line of a certain called 1,443.0 acre tract
460	468		designated as Second Tract and described in the deed to John W.
461	469		Caldwell, Jr. of record in Document No. 201816538, Official Public
462	470		Records of Bastrop County, Texas, in the south line of the said
463	471		67.83 acre tract, for the southeast corner of the tract described
464	472		herein;
465	473		THENCE N 62°07'59" W, with the north line of the said 1,443.0
466	474		acre tract, with the south line of the said 67.83 acre tract, with
467	475		the south line of the tract described herein, a distance of 1,501.62
468	476		feet to a 5/8-inch iron rod with a red illegible plastic cap found
469	477		at the southwest corner of the said 67.83 acre tract and the
470	478		northwest corner of the said 1,443.0 acre tract, same being the
471	479		southeast corner of the said 0.64 acre tract, for the southwest
472	480		corner of the tract described herein;
473	481		THENCE with the west line of the said 67.83 acre tract, with
474	482		the east line of the said 0.64 acre tract, and with the east line of
475	483		the said 1.21 acre tract, the following two (2) courses and
476	484		distances:
477	485		1. N 27°39'37" E, a distance of 897.17 feet to a 1/2-inch
478	486		iron pipe found at the northeast corner of the said 0.64 acre tract
479	487		and the southeast corner of the said 1.21 acre tract, and
480	488		2. N 27°31'04" E, a distance of 573.66 feet to the POINT OF
481	489		BEGINNING and containing 35.66 acres of land, more or less.
482	490		TRACT 4 - SAVE AND EXCEPT 0.637 Acres
483	491		COMMENCING at a 5/8-inch iron rod found at the westerly
484	492		northwest corner of the said 67.83 acre tract, in the west line of
485	493		the said 1.21 acre tract, same being the southwest corner of a
486	494		certain tract designated as Tract Two and described in the deed to
487	495		Lina Sue West of record in Document No. 20190184, Official Public
488	496		Records of Bastrop County, Texas;
489	497		THENCE N 27°21'26" E, with the west line of the said Tract Two,
490	498		with the east line of the said 1.21 acre tract, a distance of 33.58
491	499		feet to the southeast corner and POINT OF BEGINNING of the tract
492	500		described herein;
493	501		THENCE N 62°53'25" W, leaving the west line of the said Tract
494	502		Two, crossing the said 1.21 acre tract, with the south line of the
495	503		tract described herein, a distance of 34.50 feet to a calculated
496	504		point in the west line of the said 1.21 acre tract, and the east line
497	505		of a certain called 3.707 acre tract described in the deed to Robert
498	506		Frerich and Tamara Frerich of record in Document No. 200112158,
499	507		Official Public Records of Bastrop County, Texas for the southwest
500	508		corner of the tract described herein;
501	509		THENCE N 27°31'42" E, with the west line of the said 1.21 acre
502	510		tract, with the east line of the said 3.707 acre tract, with the
503	511		west line of the tract described herein, a distance of 848.65 feet
504	512		to a calculated point, for the northwest corner of the tract
505	513		described herein;
506	514		THENCE S 09°12'05" E, leaving the east line of the said 3.707
507	515		acre tract, crossing the said 1.21 acre tract, with the north line
508	516		of the tract described herein, a distance of 53.40 feet to a
509	517		calculated point in the east line of the said 1.21 acre tract and
510	518		the west line of the said 1.98 acre tract, for a point-on-line in
511	519		the north line of the tract described herein;
512	520		THENCE S 09°12'05" E, leaving the east line of the said 1.21
513	521		acre tract, crossing the said 1.98 acre tract, with the north line
514	522		of the tract described herein, a distance of 27.22 feet to a
515	523		calculated point in the south line of the said 1.98 acre tract, and
516	524		the north line of the said Tract Two, for an angle point of the tract
517	525		described herein;
518	526		THENCE N 79°19'42" W, with the south line of the said 1.98 acre
519	527		tract, with the north line of the said Tract Two, with a south line
520	528		of the tract described herein, a distance of 16.76 feet to a bent
521	529		1-inch iron pipe found in the east line of the said 1.21 acre tract,
522	530		at the southwest corner of the said 1.98 acre tract, and the
523	531		westerly northwest corner of the said Tract Two, for a re-entrant
524	532		corner of the tract described herein;
525	533		THENCE S 27°21'26" W, with the west line of said Tract Two,
526	534		with the east line of the said 1.21 acre tract, with the east line of
527	535		the tract described herein, a distance of 778.93 feet to the POINT
528	536		OF BEGINNING and containing 0.637 acres of land, more or less.
529	537		FOR A TOTAL AREA OF 418.30 ACRES BEING ALL OF TRACT 1 AND
530	538		TRACT 2, SAVE AND EXCEPT TRACT 3 AND TRACT 4 DESCRIBED HEREIN.
531	539		Bearing Basis: Texas Coordinate System, Central Zone (4203),
532	540		NAD 83(2011), Grid.
533	541		SECTION 3. (a) The legal notice of the intention to
534	542		introduce this Act, setting forth the general substance of this
535	543		Act, has been published as provided by law, and the notice and a
536	544		copy of this Act have been furnished to all persons, agencies,
537	545		officials, or entities to which they are required to be furnished
538	546		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
539	547		Government Code.
540	548		(b) The governor, one of the required recipients, has
541	549		submitted the notice and Act to the Texas Commission on
542	550		Environmental Quality.
543	551		(c) The Texas Commission on Environmental Quality has filed
544	552		its recommendations relating to this Act with the governor, the
545	553		lieutenant governor, and the speaker of the house of
546	554		representatives within the required time.
547	555		(d) All requirements of the constitution and laws of this
548	556		state and the rules and procedures of the legislature with respect
549	557		to the notice, introduction, and passage of this Act are fulfilled
550	558		and accomplished.
551	559		SECTION 4. (a) If this Act does not receive a two-thirds
552	560		vote of all the members elected to each house, Subchapter C, Chapter
553	561		7946A, Special District Local Laws Code, as added by Section 1 of
554	562		this Act, is amended by adding Section 7946A.0306 to read as
555	563		follows:
556	564		Sec. 7946A.0306. NO EMINENT DOMAIN POWER. The district may
557	565		not exercise the power of eminent domain.
558	566		(b) This section is not intended to be an expression of a
559	567		legislative interpretation of the requirements of Section 17(c),
560	568		Article I, Texas Constitution.
561	569		SECTION 5. This Act takes effect immediately if it receives
562	570		a vote of two-thirds of all the members elected to each house, as
563	571		provided by Section 39, Article III, Texas Constitution. If this
564	572		Act does not receive the vote necessary for immediate effect, this
565	573		Act takes effect September 1, 2021.
566		-	______________________________ ______________________________
567		-	President of the Senate Speaker of the House
568		-	I certify that H.B. No. 4645 was passed by the House on May
569		-	14, 2021, by the following vote: Yeas 105, Nays 40, 2 present, not
570		-	voting; and that the House concurred in Senate amendments to H.B.
571		-	No. 4645 on May 28, 2021, by the following vote: Yeas 98, Nays 41,
572		-	1 present, not voting.
573		-	______________________________
574		-	Chief Clerk of the House
575		-	I certify that H.B. No. 4645 was passed by the Senate, with
576		-	amendments, on May 26, 2021, by the following vote: Yeas 31, Nays
577		-	0.
578		-	______________________________
579		-	Secretary of the Senate
580		-	APPROVED: __________________
581		-	Date
582		-	__________________
583		-	Governor
	574	+	* * * * *