Texas 2021 - 87th Regular

Texas House Bill HB4651 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4651
	1	+	By: Toth (Senate Sponsor - Creighton) H.B. No. 4651
	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 20, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	May 20, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4651 By: Paxton
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation of the Montgomery County Municipal Utility
6	14		District No. 203; 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 7917A to read as follows:
12	20		CHAPTER 7917A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
13	21		NO. 203
14	22		SUBCHAPTER A. GENERAL PROVISIONS
15	23		Sec. 7917A.0101. DEFINITIONS. In this chapter:
16	24		(1) "Board" means the district's board of directors.
17	25		(2) "Commission" means the Texas Commission on
18	26		Environmental Quality.
19	27		(3) "Director" means a board member.
20	28		(4) "District" means the Montgomery County Municipal
21	29		Utility District No. 203.
22	30		Sec. 7917A.0102. NATURE OF DISTRICT. The district is a
23	31		municipal utility district created under Section 59, Article XVI,
24	32		Texas Constitution.
25	33		Sec. 7917A.0103. CONFIRMATION AND DIRECTOR ELECTION
26	34		REQUIRED. The temporary directors shall hold an election to
27	35		confirm the creation of the district and to elect five permanent
28	36		directors as provided by Section 49.102, Water Code.
29	37		Sec. 7917A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	38		temporary directors may not hold an election under Section
31	39		7917A.0103 until each municipality in whose corporate limits or
32	40		extraterritorial jurisdiction the district is located has
33	41		consented by ordinance or resolution to the creation of the
34	42		district and to the inclusion of land in the district.
35	43		Sec. 7917A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	44		(a) The district is created to serve a public purpose and benefit.
37	45		(b) The district is created to accomplish the purposes of:
38	46		(1) a municipal utility district as provided by
39	47		general law and Section 59, Article XVI, Texas Constitution; and
40	48		(2) Section 52, Article III, Texas Constitution, that
41	49		relate to the construction, acquisition, improvement, operation,
42	50		or maintenance of macadamized, graveled, or paved roads, or
43	51		improvements, including storm drainage, in aid of those roads.
44	52		Sec. 7917A.0106. INITIAL DISTRICT TERRITORY. (a) The
45	53		district is initially composed of the territory described by
46	54		Section 2 of the Act enacting this chapter.
47	55		(b) The boundaries and field notes contained in Section 2 of
48	56		the Act enacting this chapter form a closure. A mistake made in the
49	57		field notes or in copying the field notes in the legislative process
50	58		does not affect the district's:
51	59		(1) organization, existence, or validity;
52	60		(2) right to issue any type of bond for the purposes
53	61		for which the district is created or to pay the principal of and
54	62		interest on a bond;
55	63		(3) right to impose a tax; or
56	64		(4) legality or operation.
57	65		SUBCHAPTER B. BOARD OF DIRECTORS
58	66		Sec. 7917A.0201. GOVERNING BODY; TERMS. (a) The district
59	67		is governed by a board of five elected directors.
60	68		(b) Except as provided by Section 7917A.0202, directors
61	69		serve staggered four-year terms.
62	70		Sec. 7917A.0202. TEMPORARY DIRECTORS. (a) On or after
63	71		September 1, 2021, the owner or owners of a majority of the assessed
64	72		value of the real property in the district may submit a petition to
65	73		the commission requesting that the commission appoint as temporary
66	74		directors the five persons named in the petition. The commission
67	75		shall appoint as temporary directors the five persons named in the
68	76		petition.
69	77		(b) Temporary directors serve until the earlier of:
70	78		(1) the date permanent directors are elected under
71	79		Section 7917A.0103; or
72	80		(2) September 1, 2025.
73	81		(c) If permanent directors have not been elected under
74	82		Section 7917A.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 7917A.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. 7917A.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. 7917A.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. 7917A.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. 7917A.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. 7917A.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		Sec. 7917A.0306. DIVISION OF DISTRICT. (a) The district
125	133		may be divided into two or more new districts only if the district:
126	134		(1) has no outstanding bonded debt; and
127	135		(2) is not imposing ad valorem taxes.
128	136		(b) This chapter applies to any new district created by the
129	137		division of the district, and a new district has all the powers and
130	138		duties of the district.
131	139		(c) A new district created by the division of the district
132	140		may not, at the time the new district is created, contain any land
133	141		outside the area described by Section 2 of the Act enacting this
134	142		chapter.
135	143		(d) The board, on its own motion or on receipt of a petition
136	144		signed by the owner or owners of a majority of the assessed value of
137	145		the real property in the district, may adopt an order dividing the
138	146		district.
139	147		(e) The board may adopt an order dividing the district
140	148		before or after the date the board holds an election under Section
141	149		7917A.0103 to confirm the district's creation.
142	150		(f) An order dividing the district shall:
143	151		(1) name each new district;
144	152		(2) include the metes and bounds description of the
145	153		territory of each new district;
146	154		(3) appoint temporary directors for each new district;
147	155		and
148	156		(4) provide for the division of assets and liabilities
149	157		between the new districts.
150	158		(g) On or before the 30th day after the date of adoption of
151	159		an order dividing the district, the district shall file the order
152	160		with the commission and record the order in the real property
153	161		records of each county in which the district is located.
154	162		(h) A new district created by the division of the district
155	163		shall hold a confirmation and directors' election as required by
156	164		Section 7917A.0103. If the voters of a new district do not confirm
157	165		the creation of the new district, the assets, obligations,
158	166		territory, and governance of the new district revert to the
159	167		original district.
160	168		(i) If the creation of the new district is confirmed, the
161	169		new district shall provide the election date and results to the
162	170		commission.
163	171		(j) Any new district created by the division of the district
164	172		must hold an election as required by this chapter to obtain voter
165	173		approval before the district may impose a maintenance tax or issue
166	174		bonds payable wholly or partly from ad valorem taxes.
167	175		(k) Municipal consent to the creation of the district and to
168	176		the inclusion of land in the district granted under Section
169	177		7917A.0104 acts as municipal consent to the creation of any new
170	178		district created by the division of the district and to the
171	179		inclusion of land in the new district.
172	180		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
173	181		Sec. 7917A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
174	182		The district may issue, without an election, bonds and other
175	183		obligations secured by:
176	184		(1) revenue other than ad valorem taxes; or
177	185		(2) contract payments described by Section
178	186		7917A.0403.
179	187		(b) The district must hold an election in the manner
180	188		provided by Chapters 49 and 54, Water Code, to obtain voter approval
181	189		before the district may impose an ad valorem tax or issue bonds
182	190		payable from ad valorem taxes.
183	191		(c) The district may not issue bonds payable from ad valorem
184	192		taxes to finance a road project unless the issuance is approved by a
185	193		vote of a two-thirds majority of the district voters voting at an
186	194		election held for that purpose.
187	195		Sec. 7917A.0402. OPERATION AND MAINTENANCE TAX. (a) If
188	196		authorized at an election held under Section 7917A.0401, the
189	197		district may impose an operation and maintenance tax on taxable
190	198		property in the district in accordance with Section 49.107, Water
191	199		Code.
192	200		(b) The board shall determine the tax rate. The rate may not
193	201		exceed the rate approved at the election.
194	202		Sec. 7917A.0403. CONTRACT TAXES. (a) In accordance with
195	203		Section 49.108, Water Code, the district may impose a tax other than
196	204		an operation and maintenance tax and use the revenue derived from
197	205		the tax to make payments under a contract after the provisions of
198	206		the contract have been approved by a majority of the district voters
199	207		voting at an election held for that purpose.
200	208		(b) A contract approved by the district voters may contain a
201	209		provision stating that the contract may be modified or amended by
202	210		the board without further voter approval.
203	211		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
204	212		Sec. 7917A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
205	213		OBLIGATIONS. The district may issue bonds or other obligations
206	214		payable wholly or partly from ad valorem taxes, impact fees,
207	215		revenue, contract payments, grants, or other district money, or any
208	216		combination of those sources, to pay for any authorized district
209	217		purpose.
210	218		Sec. 7917A.0502. TAXES FOR BONDS. At the time the district
211	219		issues bonds payable wholly or partly from ad valorem taxes, the
212	220		board shall provide for the annual imposition of a continuing
213	221		direct ad valorem tax, without limit as to rate or amount, while all
214	222		or part of the bonds are outstanding as required and in the manner
215	223		provided by Sections 54.601 and 54.602, Water Code.
216	224		Sec. 7917A.0503. BONDS FOR ROAD PROJECTS. At the time of
217	225		issuance, the total principal amount of bonds or other obligations
218	226		issued or incurred to finance road projects and payable from ad
219	227		valorem taxes may not exceed one-fourth of the assessed value of the
220	228		real property in the district.
221	229		SECTION 2. The Montgomery County Municipal Utility District
222	230		No. 203 initially includes all the territory contained in the
223	231		following area:
224	232		Being 46.673 acres (2,033,071 square feet) of land situated
225	233		in the Montgomery County School Land Survey, A-350, Montgomery
226	234		County, Texas and being all of a called 29.201 acre tract conveyed
227	235		to Bali Real Estate, LLC, by Warranty Deed recorded under Clerk's
228	236		File No. 2019110268 of the Official Public Records of Montgomery
229	237		County, Texas (O.P.R. M.C.T.), and all of the called 18.2958 acre
230	238		tract conveyed to Bali Real Estate, LLC, by Warranty Deed recorded
231	239		under Clerk's File No. 2019078899 O.P.R. M.C.T., said 46.673 acres
232	240		being more particularly described by metes and bounds as follows:
233	241		BEGINNING at a 1/2 inch iron pipe found in the west line of
234	242		Lot 14B, Block 2, of Chateau Woods, Section Six, according to the
235	243		Plat of same, recorded in Volume 7, Page 275, of the Map Records of
236	244		Montgomery County, Texas (M.R. M.C.T.), for the southeast corner of
237	245		Chateau Woods, according to the Plat of same, recorded in Cabinet Z,
238	246		Sheet 536 M.R. M.C.T., and the northeast corner of said 18.2958 acre
239	247		tract;
240	248		THENCE South 04°24'53" East, with the west line of said
241	249		Section Six, a distance of 329.67 feet to a 5/8 inch iron rod with
242	250		cap marked "Landpoint 10194172" set for the southwest corner of Lot
243	251		15C, of said Section Six, and an interior corner of the herein
244	252		described tract;
245	253		THENCE North 85°44'01" East, with the south line of said Lot
246	254		15C, a distance of 155.60 feet to a 5/8 inch iron rod found in the
247	255		west right of way (R.O.W.) line of Fairview Drive (60 foot wide
248	256		R.O.W.) for the southeast corner of said Lot 15C, and an easterly
249	257		northeast corner of the herein described tract;
250	258		THENCE South 03°49'04" East, with said west right of way line,
251	259		a distance of 70.00 feet to a 5/8 inch iron rod with cap marked
252	260		"Landpoint 10194172" set for the northeast corner of Lot 16B, of
253	261		said Section Six and an easterly southeast corner of the herein
254	262		described tract;
255	263		THENCE South 85°44'01" West, with the north line of said Lot
256	264		16B, a distance of 154.87 feet to a 5/8 inch iron rod with cap marked
257	265		"Landpoint 10194172" set in the east line of the called 1.902 acre
258	266		tract conveyed to Dennis E. Roach and Yvonne Roach by Warranty Deed
259	267		recorded under Clerk's File No. 936940 O.P.R. M.C.T., for an
260	268		interior southwest corner of the herein described tract;
261	269		THENCE North 04°24'49" West, with the east line of said 1.902
262	270		acre tract, a distance of 5.75 feet to a 5/8 inch iron rod found for
263	271		the northeast corner of said 1.902 acre tract, and an interior
264	272		corner of the herein described tract;
265	273		THENCE South 84°35'28" West, with the easterly north line of
266	274		said 1.902 acre tract, a distance of 167.56 feet to a 5/8 inch iron
267	275		rod found for the northerly northwest corner of said 1.902 acre
268	276		tract, and an interior corner of the herein described tract;
269	277		THENCE South 00°23'18" East, with a northerly west line of
270	278		said 1.902 acre tract a distance of 127.62 feet to a 5/8 inch iron
271	279		rod found for an interior corner of said 1.902 acre tract;
272	280		THENCE South 89°36'42" West, with the westerly north line of
273	281		said 1.902 acre tract, a distance of 114.45 feet to a 5/8 inch iron
274	282		rod found for the westerly northwest corner of said 1.902 acre tract
275	283		and an interior corner of the herein described tract;
276	284		THENCE South 02°14'20" East, with the west line of said 1.902
277	285		acre tract, a distance of 122.73 feet to a 1/2 inch iron rod found
278	286		for the southwest corner of said 1.902 acre tract;
279	287		THENCE North 84°40'17" East, with the south line of said 1.902
280	288		acre tract, a distance of 295.36 feet to a 5/8 inch iron rod with cap
281	289		marked "Landpoint 10194172" set in the west line of Lot 17B, of said
282	290		Section Six, for a northeast corner of the herein described tract;
283	291		THENCE South 04°25'53" East, with the west line of said
284	292		Section Six, a distance of 254.24 feet to a 5/8 inch iron rod with
285	293		cap marked "Landpoint 10194172" set for the southwest corner of Lot
286	294		18B of said Section Six, and an interior corner of the herein
287	295		described tract;
288	296		THENCE North 85°44'23" East, with the south line of said Lot
289	297		18B, a distance of 149.71 feet to a 5/8 inch iron rod found in the
290	298		west right of way line of said Fairview Drive for the southeast
291	299		corner of said Lot 18B, and a northeast corner of the herein
292	300		described;
293	301		THENCE South 03°49'03" East, with said west right of way line,
294	302		a distance of 70.00 feet to a 1/2 iron rod found for the northeast
295	303		corner of Lot 19A, of said Section Six, and an easterly southeast
296	304		corner of the herein described tract;
297	305		THENCE South 85°44'23" West, with the north line of said Lot
298	306		19A a distance of 148.96 feet to a 5/8 inch iron rod with cap marked
299	307		"Landpoint 10194172" set for the northwest corner of said Lot 19A
300	308		and an interior corner of the herein described tract;
301	309		THENCE South 04°25'53" East, with the west line of said
302	310		Section Six, a distance of 600.26 feet to a 5/8 inch iron rod with
303	311		cap marked "Landpoint 10194172" set for the northeast corner of the
304	312		called 0.2784 acre Tract 4 conveyed to William Dana Fulton, by
305	313		Warranty Deed recorded under Clerk's File No. 2007-143377 O.P.R.
306	314		M.C.T., for the southeast corner said 29.201 acre tract and the
307	315		herein described tract, from which a found 1/2 inch iron rod bears
308	316		North 87°05'51" East, a distance of 1.60 feet;
309	317		THENCE South 87°05'51" West, with the south line of said
310	318		29.201 acre tract, a distance of 2110.00 feet to a 5/8 inch iron rod
311	319		with cap marked "Landpoint 10194172" set for the northwest corner
312	320		of the remainder of a called 19.6 acre tract conveyed to Juanita Ann
313	321		Stedman Crisp by Warranty Deed recorded in Volume 994, Page 33 of
314	322		the Deed Records of Montgomery County, Texas (D.R. M.C.T.), and an
315	323		interior corner of the herein described tract, from which a found 2
316	324		inch iron rod bears North 39°42'57" West, a distance of 0.89 feet;
317	325		THENCE North 02°54'09" West, a distance of 34.49 feet to a
318	326		point for an interior corner of the herein described tract;
319	327		THENCE South 86°54'05" West, a distance of 15.07 feet to a 1/2
320	328		inch iron rod found for the southeast corner of said 3.00 acre tract
321	329		and a southwest corner of the herein described tract;
322	330		THENCE North 04°24'02" West, with the east line of said 3.00
323	331		acre tract, a distance of 105.68 feet to a 5/8 inch iron rod found
324	332		for the southwest corner of the called 2.0 acre tract conveyed to
325	333		Julio E. Ortiz and Edgar S. Ortiz by Warranty Deed recorded under
326	334		Clerk's File No. 2010102118 O.P.R. M.C.T. and the most westerly
327	335		northwest corner of the herein described1.705 acre tract conveyed
328	336		to tract;
329	337		THENCE North 87°05'51" East, with the south line of said 2.0
330	338		acre tract, a distance of 152.29 feet to a 5/8 inch iron rod found
331	339		for the southeast corner of said 2.0 acre tract and an interior
332	340		corner of the herein described tract ;
333	341		THENCE North 02°59'46" West, with the east line of said 2.0
334	342		acre tract, a distance of 286.50 feet to a 5/8 inch iron rod found
335	343		for the southwest corner of the called 1.705 acre tract conveyed to
336	344		Julio E. Ortiz and Edgar S. Ortiz by Warranty Deed recorded under
337	345		Clerk's File No. 2010102117 O.P.R .M.C.T., and a northwest corner
338	346		of the herein described tract;
339	347		THENCE North 87°05'51" East, with the south line of said 1.705
340	348		acre tract, a distance of 458.27 feet to a 5/8 inch iron rod with cap
341	349		marked "Landpoint 10194172" set for the southeast corner of said
342	350		1.705 acre tract and an interior corner of the herein described
343	351		tract;
344	352		THENCE North 03°54'02" West, with the east line of said 1.705
345	353		acre tract, a distance of 165.76 feet to a 5/8 inch iron rod found
346	354		for the northeast corner of same, and a northwest corner of the
347	355		herein described tract;
348	356		THENCE North 86°10'26" East, at 40.03 feet passing a 5/8 inch
349	357		iron rod found for the southwest corner of a called 0.61 acre tract
350	358		of land (Tract 10), recorded under Volume 814, Page 553 of the
351	359		O.P.R. M.C.T., and continuing for a total distance of 279.28 feet to
352	360		a 5/8 inch iron rod found for the southeast corner of said 0.61 acre
353	361		tract and an interior corner of the herein described tract;
354	362		THENCE North 03°49'30" West, with the west lines of said 0.61
355	363		acre Tract 10, the called 0.61 acre tract conveyed to Reina Fuentes
356	364		by Warranty Deed recorded under Clerk's File No. 2009049510
357	365		O.P.R.M.C.T., and the called 0.61 acre tract conveyed to Jonathan
358	366		R. Farkasofsky, by Warranty Deed recorded under Clerk's File
359	367		No. 2009041278 O.P.R. M.C.T., a distance of 337.20 feet to a 5/8
360	368		inch iron rod found in the south right of way line of Springwood
361	369		Drive (60 foot wide private R.O.W.), for a northwest corner of the
362	370		herein described tract;
363	371		THENCE North 86°10'33" East, with the south line of said
364	372		Springwood Drive, a distance of 473.19 feet to a 5/8 inch iron rod
365	373		with cap marked "Landpoint 10194172" set for an interior corner of
366	374		the herein described tract;
367	375		THENCE North 03°49'30" West, with the east right of way line
368	376		of said Springwood Drive, a distance of 59.97 feet to a 5/8 inch
369	377		iron rod found in the south line of the called 0.6017 acre tract
370	378		conveyed to Luis Martinez and Liana I. Martinez by Warranty Deed
371	379		recorded under Clerk's File No. 2012038147 O.P.R. M.C.T., for a
372	380		northwest corner of the herein described tract;
373	381		THENCE North 86°09'32" East, with the south line of said
374	382		0.6017 acre tract, a distance of 25.90 feet to a 5/8 inch iron rod
375	383		found for the southeast corner of said 0.6017 acre tract and an
376	384		interior corner of the herein described tract;
377	385		THENCE North 03°49'30" West, with the east line of said 0.6017
378	386		acre tract, a distance of 250.02 feet to a 5/8 inch iron rod with cap
379	387		marked "Landpoint 10194172" set for the northeast corner of said
380	388		0.6017 acre tract and an interior corner of the herein described
381	389		tract, from which a found 5/8 inch iron rod bears South 80°23'42"
382	390		West, a distance of 1.39 feet;
383	391		THENCE South 86°10'34" West, with the north lines of said
384	392		0.6017 acre tract, the called 0.61 acre tract conveyed to Rigoberto
385	393		Ruiz and Beatriz Ruiz, by Warranty Deed recorded under Clerk's File
386	394		No. 2010015437 O.P.R. M.C.T., and the called 0.61 acre tract
387	395		conveyed to Luis Martinez and Liana I. Martinez, by Warranty Deed
388	396		recorded under Clerk's File No. 2012038147 O.P.R. M.C.T. a distance
389	397		of 314.69 feet to a 5/8 inch iron rod found in the east line of the
390	398		called 7.3167 acre tract conveyed to James H. Giammatteo by
391	399		Warranty Deed recorded under Clerk's File No. 2001008111 O.P.R.
392	400		M.C.T., for the northwest corner of said 0.61 acre Martinez tract,
393	401		and a southwest corner of the herein described tract;
394	402		THENCE North 03°49'30" West, with the east line of said 7.3167
395	403		acre tract, a distance of 196.49 feet to a 1 inch iron pipe found in
396	404		the south line of the called 1.580 acre tract conveyed to James H.
397	405		Giammatteo, Jr., by Warranty Deed recorded under Clerk's File
398	406		No. 2008037058 O.P.R. M.C.T. for the northeast corner of said
399	407		called 7.3167 acre tract and a northwest corner of the herein
400	408		described tract;
401	409		THENCE North 86°09'41" East, with the south line of said 1.580
402	410		acre tract, a distance of 30.70 feet to a 5/8 inch iron rod found for
403	411		the southeast corner of said 1.580 acre tract and an interior corner
404	412		of the herein described tract;
405	413		THENCE North 03°49'30" West, with the east line of said 1.580
406	414		acre tract, a distance of 97.99 feet to a 1/2 inch iron pipe found in
407	415		the south line of Block 1 of said Chateau Woods, for the northeast
408	416		corner of said 1.580 acre tract and the most northerly northwest
409	417		corner of said 18.2958 acre tract and the herein described tract;
410	418		THENCE North 86°10'30" East, with the south line of said
411	419		Chateau Woods, a distance of 1000.19 feet to the POINT OF BEGINNING,
412	420		containing 46.673 acres (2,033,071 square feet) of land in
413	421		Montgomery County, Texas.
414	422		SECTION 3. (a) The legal notice of the intention to
415	423		introduce this Act, setting forth the general substance of this
416	424		Act, has been published as provided by law, and the notice and a
417	425		copy of this Act have been furnished to all persons, agencies,
418	426		officials, or entities to which they are required to be furnished
419	427		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
420	428		Government Code.
421	429		(b) The governor, one of the required recipients, has
422	430		submitted the notice and Act to the Texas Commission on
423	431		Environmental Quality.
424	432		(c) The Texas Commission on Environmental Quality has filed
425	433		its recommendations relating to this Act with the governor, the
426	434		lieutenant governor, and the speaker of the house of
427	435		representatives within the required time.
428	436		(d) All requirements of the constitution and laws of this
429	437		state and the rules and procedures of the legislature with respect
430	438		to the notice, introduction, and passage of this Act are fulfilled
431	439		and accomplished.
432	440		SECTION 4. (a) If this Act does not receive a two-thirds
433	441		vote of all the members elected to each house, Subchapter C, Chapter
434	442		7917A, Special District Local Laws Code, as added by Section 1 of
435	443		this Act, is amended by adding Section 7917A.0307 to read as
436	444		follows:
437	445		Sec. 7917A.0307. NO EMINENT DOMAIN POWER. The district may
438	446		not exercise the power of eminent domain.
439	447		(b) This section is not intended to be an expression of a
440	448		legislative interpretation of the requirements of Section 17(c),
441	449		Article I, Texas Constitution.
442	450		SECTION 5. This Act takes effect September 1, 2021.
443		-	______________________________ ______________________________
444		-	President of the Senate Speaker of the House
445		-	I certify that H.B. No. 4651 was passed by the House on May 8,
446		-	2021, by the following vote: Yeas 108, Nays 31, 2 present, not
447		-	voting; and that the House concurred in Senate amendments to H.B.
448		-	No. 4651 on May 28, 2021, by the following vote: Yeas 85, Nays 60,
449		-	1 present, not voting.
450		-	______________________________
451		-	Chief Clerk of the House
452		-	I certify that H.B. No. 4651 was passed by the Senate, with
453		-	amendments, on May 27, 2021, by the following vote: Yeas 30, Nays
454		-	1.
455		-	______________________________
456		-	Secretary of the Senate
457		-	APPROVED: __________________
458		-	Date
459		-	__________________
460		-	Governor
	451	+	* * * * *