Texas 2021 - 87th Regular

Texas House Bill HB4652 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4652
	1	+	By: Metcalf (Senate Sponsor - Creighton) H.B. No. 4652
	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 6, Nays 0;
	6	+	May 22, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4652 By: Springer
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. 208; 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 7939A to read as follows:
12	20		CHAPTER 7939A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
13	21		NO. 208
14	22		SUBCHAPTER A. GENERAL PROVISIONS
15	23		Sec. 7939A.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. 208.
22	30		Sec. 7939A.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. 7939A.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. 7939A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	38		temporary directors may not hold an election under Section
31	39		7939A.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. 7939A.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. 7939A.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. 7939A.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 7939A.0202, directors
61	69		serve staggered four-year terms.
62	70		Sec. 7939A.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 7939A.0103; or
72	80		(2) September 1, 2025.
73	81		(c) If permanent directors have not been elected under
74	82		Section 7939A.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 7939A.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. 7939A.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. 7939A.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. 7939A.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. 7939A.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. 7939A.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. 7939A.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) Any 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		7939A.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 or among 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) Any new district created by the division of the district
155	163		shall hold a confirmation and directors' election as required by
156	164		Section 7939A.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) Municipal consent to the creation of the district and to
161	169		the inclusion of land in the district granted under Section
162	170		7939A.0104 acts as municipal consent to the creation of any new
163	171		district created by the division of the district and to the
164	172		inclusion of land in the new district.
165	173		(j) Any new district created by the division of the district
166	174		must hold an election as required by this chapter to obtain voter
167	175		approval before the district may impose a maintenance tax or issue
168	176		bonds payable wholly or partly from ad valorem taxes.
169	177		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
170	178		Sec. 7939A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
171	179		The district may issue, without an election, bonds and other
172	180		obligations secured by:
173	181		(1) revenue other than ad valorem taxes; or
174	182		(2) contract payments described by Section
175	183		7939A.0403.
176	184		(b) The district must hold an election in the manner
177	185		provided by Chapters 49 and 54, Water Code, to obtain voter approval
178	186		before the district may impose an ad valorem tax or issue bonds
179	187		payable from ad valorem taxes.
180	188		(c) The district may not issue bonds payable from ad valorem
181	189		taxes to finance a road project unless the issuance is approved by a
182	190		vote of a two-thirds majority of the district voters voting at an
183	191		election held for that purpose.
184	192		Sec. 7939A.0402. OPERATION AND MAINTENANCE TAX. (a) If
185	193		authorized at an election held under Section 7939A.0401, the
186	194		district may impose an operation and maintenance tax on taxable
187	195		property in the district in accordance with Section 49.107, Water
188	196		Code.
189	197		(b) The board shall determine the tax rate. The rate may not
190	198		exceed the rate approved at the election.
191	199		Sec. 7939A.0403. CONTRACT TAXES. (a) In accordance with
192	200		Section 49.108, Water Code, the district may impose a tax other than
193	201		an operation and maintenance tax and use the revenue derived from
194	202		the tax to make payments under a contract after the provisions of
195	203		the contract have been approved by a majority of the district voters
196	204		voting at an election held for that purpose.
197	205		(b) A contract approved by the district voters may contain a
198	206		provision stating that the contract may be modified or amended by
199	207		the board without further voter approval.
200	208		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
201	209		Sec. 7939A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
202	210		OBLIGATIONS. The district may issue bonds or other obligations
203	211		payable wholly or partly from ad valorem taxes, impact fees,
204	212		revenue, contract payments, grants, or other district money, or any
205	213		combination of those sources, to pay for any authorized district
206	214		purpose.
207	215		Sec. 7939A.0502. TAXES FOR BONDS. At the time the district
208	216		issues bonds payable wholly or partly from ad valorem taxes, the
209	217		board shall provide for the annual imposition of a continuing
210	218		direct ad valorem tax, without limit as to rate or amount, while all
211	219		or part of the bonds are outstanding as required and in the manner
212	220		provided by Sections 54.601 and 54.602, Water Code.
213	221		Sec. 7939A.0503. BONDS FOR ROAD PROJECTS. At the time of
214	222		issuance, the total principal amount of bonds or other obligations
215	223		issued or incurred to finance road projects and payable from ad
216	224		valorem taxes may not exceed one-fourth of the assessed value of the
217	225		real property in the district.
218	226		SECTION 2. The Montgomery County Municipal Utility District
219	227		No. 208 initially includes all the territory contained in the
220	228		following area:
221	229		Those four (4) tracts of land described as follows:
222	230		(a) CONROE TRACT ONE.
223	231		Being forty-seven and nine hundred thirty-two-thousandths
224	232		(47.932) acres of land in the James Edwards Survey, A-190,
225	233		Montgomery County, Texas, also being a part of the J. W. Spiller
226	234		tract in same and being more particularly described by metes and
227	235		bounds as follows, to-wit.
228	236		Beginning on the South boundary line of White Oak Manor
229	237		Subdivision as shown in Volume 9, Page 46, Map Records, and being at
230	238		a point S. 61° 32 50" W. 655.3 ft. and N. 76° 32' 45" W. 218.03 ft.
231	239		from the most Easterly corner of said Subdivision, an iron pipe for
232	240		corner in fence;
233	241		Thence N. 76° 32 45" W. 1383.23 ft. along the South line of
234	242		White Oak Manor Subdivision to an iron pipe for corner;
235	243		Thence S. 13° 27' 15" W. 1094.77 ft. to an iron pipe for
236	244		corner;
237	245		Thence S. 76° 32' 45" E. 1601.26 ft. to an iron pipe for
238	246		corner;
239	247		Thence N. 61° 32" 50" E. 1371.02 ft to an iron pipe for corner
240	248		in the West line of Longmire Road;
241	249		Thence N. 27° 21 50" W. 339.35 ft. along the West line of
242	250		Longmire Road to an iron pipe for corner;
243	251		Thence S. 88° 52' 05" W. 600.17 ft. to an iron pipe for corner;
244	252		Thence S. 21° 02 10" E. 126.31 ft. to an iron pipe for corner;
245	253		Thence S. 72° 28' 26" W. 552.9 ft. to an iron pipe for corner;
246	254		Thence N. 3° 00' 24" E. 662.55 ft. to the place of beginning.
247	255		(b) CONROE TRACT TWO:
248	256		All that certain tract or parcel of land out of the Robert
249	257		Marsh Survey A-355, and James Edwards Survey A-189, in Montgomery
250	258		County, Texas being a portion of that certain tract of land conveyed
251	259		to J. W. Spiller and wife by deed recorded in Volume 488, Page 309,
252	260		of the deed records of Montgomery County, Texas, said tract of land
253	261		being more particularly described by metes and bounds as follows:
254	262		Beginning at a 3/4" iron pipe in the North line of the B. D.
255	263		Griffin 424.53 acre tract and at the Southwest corner of that
256	264		certain tract of land conveyed to W. S. Lampton Jr by deed recorded
257	265		in Volume 665, Page 538, for the Southeast corner hereof, from which
258	266		a 12" Elm marked X bears N 45° 00' W, 26.8 ft. and a 14" Ash marked X
259	267		bears N 10° 30' E, 36.8 ft.;
260	268		THENCE: Along the B. D. Griffin North line S 74° 49' 52" W, for
261	269		a distance of 1624.6 ft. to a 1/2" iron rod for the Southeast corner
262	270		of a 10.15 acre San Jacinto River Authority tract and the Southwest
263	271		corner hereof;
264	272		THENCE: Along the West line of the said San Jacinto River
265	273		Authority tract N 25° 06' 20" W. for a distance of 1186.30 ft. to a
266	274		yellow painted stake on the East bank of the San Jacinto River;
267	275		THENCE: Along the East bank of the San Jacinto River the
268	276		following courses:
269	277		(1) N 4° 07' E, 67.38 ft. to a yellow stake;
270	278		(2) N 25° 34' 17" E 59.58 ft. to a yellow stake;
271	279		(3) N 59° 49' 55" E, 117.87 ft. to a yellow stake;
272	280		(4) N 26° 41 17" E, 191.76 ft. to a yellow stake;
273	281		(5) N. 23° 46' 46" W, 50.44 ft. to a 1/2" iron stake in the
274	282		North line hereof;
275	283		THENCE: N 62° 01 12" E, along the North line hereof for a
276	284		distance of 1573.79 ft. to a 3/4" iron pipe at the Northwest corner
277	285		of the aforementioned W. S. Lampton tract and the Northeast corner
278	286		hereof, from which a 14" Sweet Gum marked X bears S 66° 45" E, 197.5
279	287		ft. and a 10" Red Oak marked X bears S 75° 30' E, 212.9 ft.;
280	288		THENCE: Along the West line of the said Lampton tract S 15° 08'
281	289		51" E. for a distance of 1849.4 ft. to the place of beginning and
282	290		containing 65.153 acres of land.
283	291		(c) CONROE TRACT THREE:
284	292		Being 7.5 acres of land in the James Edwards Survey, Abstract
285	293		No. 190 in Montgomery County, Texas, and being the North 1/2 of that
286	294		certain 15 acre tract described in Volume 646, Page 52 of the Deed
287	295		Records of Montgomery County, Texas, and being more particularly
288	296		described by metes and bounds as follows, to-wit:
289	297		BEGINNING at the northwest corner of the above mentioned 15
290	298		acre tract a stake for corner in the center of a 60 foot roadway from
291	299		which a 5/8" iron rod bears South 15° 09' East 30 feet;
292	300		THENCE North 74° 56' East 705.6 feet along the center line of
293	301		the above mentioned 60 foot roadway and the North line of said 15
294	302		acre tract to the Northeast corner of said 15 acre tract being the
295	303		northeast corner of the tract here described;
296	304		THENCE South 27° 37' East 444.0 feet along the East line of
297	305		said 15 acre tract and the West line of Longmire Road to the 5/8"
298	306		iron rod for the Southeast corner of the tract here described;
299	307		THENCE South 74° 56' West 802.5 feet to a 5/8" iron rod for
300	308		corner in the West line of said 15 acre tract for the Southwest
301	309		corner of the tract here described;
302	310		THENCE North 15° 04 West 433.4 feet along the West line of
303	311		said 15 acre tract to the PLACE OF BEGINNING.
304	312		(d) CONROE TRACT FOUR:
305	313		All that certain tract or parcel of land in the JAMES EDWARDS
306	314		SURVEY, ABSTRACT 190, the JAMES EDWARDS SURVEY, ABSTRACT 189, and
307	315		the ROBERT MARSH SURVEY, ABSTRACT 355, Montgomery County, Texas,
308	316		and being the same premises conveyed by J. W. Spiller, et ux. to W.
309	317		S. Lampton, Jr., Trustee, by Deed dated July 8, 1968, recorded in
310	318		Volume 665, Page 538, Deed Records of Montgomery County, Texas, and
311	319		being more particularly described by metes and bounds as follows,
312	320		to-wit.
313	321		BEGINNING at the most Northeasterly corner of a 625 acre
314	322		tract of land conveyed by J. W. Spiller to John Ben Williamson, by
315	323		Deed dated September 22, 1960, recorded in Volume 488, Page 313,
316	324		Deed Records of Montgomery County, Texas, said corner being in the
317	325		center of Longmire Road;
318	326		THENCE South 74 degrees 54 minutes West 2378.8 feet along the
319	327		North line of above mentioned 625 acre tract to the North Boundary
320	328		Line of the Robert Marsh Survey, an iron pipe for corner from which
321	329		a 12 inch Pine bears South 51 degrees 30 minutes West 8.4 feet, a 5
322	330		inch Red Oak bears South 11 degrees 30 minutes East 3.0 Feet, and an
323	331		11 inch Red Oak bears South 82 degrees 30 minutes East 19.0 feet;
324	332		THENCE North 74 degrees 35 minutes 15 seconds West 2222.6
325	333		feet along the North boundary of the Marsh and the South Line of the
326	334		upper James Edwards Survey, to an iron pipe for corner from which a
327	335		34 inch Pine bears South 37 degrees 30 minutes West 55 4 feet and a
328	336		10 inch Pine bears North 37 degrees East 64.4 feet, this corner also
329	337		being a corner of a 625 acre tract;
330	338		THENCE South 75 degrees 00 minutes West 5363.8 feet along the
331	339		North boundary of 625 acre tract to a 3/4 inch iron pipe for corner
332	340		at a point North 75 degrees East 2090.98 feet from the Northwest
333	341		corner of 625 acre tract, a 10 inch Elm bears North 47 degrees West
334	342		26.0 feet and a 12 inch Ash bears North 10 degrees East 36.8 feet;
335	343		THENCE North 15 degrees 02 minutes 30 seconds West 1849.6
336	344		feet to a 3/4 inch iron pipe for corner from which a 40 inch Pin Oak
337	345		bears South 44 degrees 37 minutes East 214.0 feet and a 14 inch
338	346		Sweet Gum bears South 36 degrees 36 minutes East 197.7 feet, this
339	347		corner being in the Southeast Line of the San Jacinto River
340	348		Authority 87.22 acre tract;
341	349		THENCE North 62 degrees 08 minutes 50 seconds East 1669.22
342	350		feet along the South line of 87.22 acre tract to the East Corner of
343	351		same, a 3/4 inch iron pipe for corner from which a 36 inch Pin Oak
344	352		bears North 86 degrees West 19.5 feet;
345	353		THENCE South 73 degrees 24 minutes 40 seconds East 1665.34
346	354		feet along the South line of the M. E. Paddock 226 acres and the
347	355		South line of the M. L. Duke 27 acres to an axle for the Southeast
348	356		Corder of the Duke track;
349	357		THENCE North 16 degrees 09 minutes East 2027.2 feet along
350	358		Duke a East line to an axle for corner;
351	359		THENCE North 82 degrees 23 minutes 15 seconds East 1716.09
352	360		feet along the South line of the Calfee 22.8 acre tract to a stake
353	361		for the Southeast Corner of same. an old axle bears South 82 degrees
354	362		25 minutes West 1.5 feet;
355	363		THENCE South 13 degrees 23 minutes West 778.43 feet along the
356	364		West line of the Al Goode 88.356 acre tract to a 10 inch creosote
357	365		post for the Southwest Corner of same. a 10 inch Hickory bears North
358	366		05 degrees East 22.0 feet and a 6 inch Red Oak bears South 65 degrees
359	367		West 14.0 feet.
360	368		THENCE South 76 degrees 32 minutes 45 seconds East 2033.39
361	369		feet along Goode's South Line to a 3/4 inch iron pipe for the
362	370		Northwest Corner of the Spiller 59.195 acre tract.
363	371		THENCE South 13 degrees 27 minutes 15 seconds West 1094.77
364	372		feet to a 3/4 inch iron pipe for the Southwest Corder of the Spiller
365	373		59 195 acre tract.
366	374		THENCE South 76 degrees 32 minutes 45 seconds East 1601.26
367	375		feet to a 3/4 inch iron pipe for the most Southerly corner of the
368	376		Spiller 59.195 acre tract;
369	377		THENCE North 61 degrees 32 minutes 50 seconds East at 1370.97
370	378		feet pass a 2 inch iron pipe in the West side of a blacktop road and
371	379		continue in all 1395.57 feet to a point in center of said blacktop
372	380		road for the Southeast corner of Spiller 59.195 acre tract;
373	381		THENCE South 27 degrees 21 minutes 50 seconds East 950.52
374	382		feet along center of said blacktop road to the place of BEGINNING,
375	383		and containing 410.539 acres of land.
376	384		Less and Except
377	385		Pine Valley Drive, a subdivision of 14.684 acres of land in the
378	386		James Edwards Survey A-190, Montgomery County, Texas as per the
379	387		dedication plat dated February 28, 2017, Document #2017016271,
380	388		Cabinet 00Z, Sheet 4409.
381	389		Less and Except
382	390		20.000 ACRES
383	391		871,200 SQUARE FEET
384	392		JAMES EDWARDS SURVEY
385	393		ABSTRACT NO. 190
386	394		MONTGOMERY COUNTY, TEXAS
387	395		FIELD NOTE DESCRIPTION of a 20.000 acre (871,200 square foot)
388	396		tract of land located in the James Edwards Survey, Abstract Number
389	397		190, Montgomery County, Texas and said 20.000 acre tract of land
390	398		being out of and a part of the southerly remainder of Conroe Tract
391	399		One, a called 47.932 acre tract and the remainder of Conroe Tract
392	400		Four, a called 410.539 acre tract described in the deed to Conroe
393	401		Venture, Ltd., recorded under Montgomery County Clerk's File Number
394	402		(M.C.C.F. No.) 9149317, said 20.000 acre tract being more
395	403		particularly described by metes and bounds as follows: (The
396	404		bearings described herein are oriented to the Texas Coordinate
397	405		System, South Central Zone, NAD 1983.)
398	406		COMMENCING at the easterly end of a curved cut-back for the
399	407		southwest corner of the intersection of the southwesterly
400	408		Right-of-Way (R.O.W.) line of Longmire Road (based on a variable
401	409		width) recorded under Volume (Vol.) 665, Page (Pg.) 538 of the
402	410		Montgomery County Deed Records (M.C.D.R.), Cabinet "N", Sheet 65 of
403	411		the Montgomery County Plat Records (M.C.P.R.) and M.C.C.F. Nos.
404	412		2002-051191, 2009-013167, 2012-011629, 2012-0116630 and
405	413		2012-011632 and the southerly R.O.W. line of Pine Valley Drive
406	414		(based on a variable width) recorded under File No. 2017016271
407	415		M.C.P.R., from which a 5/8-inch iron rod with cap stamped "Jeff Moon
408	416		RPLS 4639" found bears, South 80 degrees 52 minutes West, 1.31 feet;
409	417		THENCE, in a northwesterly direction, along a curve to the
410	418		left, along said curved cut-back, having a radius of 25.00 feet, a
411	419		central angle of 91 degrees 06 minutes 39 seconds (chord bears,
412	420		North 75 degrees 11 minutes 42 seconds West, 35.70 feet) and an arc
413	421		distance of 39.75 feet, to the westerly end of said curved cut-back;
414	422		THENCE, South 59 degrees 14 minutes 58 seconds West,
415	423		departing the southwesterly R.O.W. line of aforesaid Longmire Road
416	424		and along the southerly R.O.W. line of aforesaid Pine Valley Drive,
417	425		a distance of 289.13 feet, to the beginning of a tangent curve to
418	426		the right in said southerly R.O.W. line of said Pine Valley Drive;
419	427		THENCE, in a southwesterly direction, along a curve said the
420	428		right, continuing along the southerly R.O.W. line of said Pine
421	429		Valley Drive, having a radius of 1,254.00 feet, a central angle of
422	430		10 degrees 02 minutes 54 seconds (chord bears, South 64 degrees 16
423	431		minutes 25 seconds West, 219.64 feet) and an arc distance of 219.92
424	432		feet, to a 5/8-inch iron rod with orange plastic cap stamped "West
425	433		Belt Surveying Inc" set marking the POINT OF BEGINNING and the
426	434		northeast corner of the herein described tract;
427	435		THENCE, South 18 degrees 32 minutes 04 seconds East,
428	436		departing the southerly R.O.W. line of said Pine Valley Drive and
429	437		over and across aforesaid remainder of a called 410.539 acre tract,
430	438		a distance of 620.93 feet, to a 1/2-inch iron rod found in the
431	439		southerly line of said remainder of a called 410.539 acre tract and
432	440		marking the northwest corner of Conroe Tract Three, a called 7.5
433	441		acre tract described in the deed to Conroe Venture, Ltd., recorded
434	442		under M.C.C.F. No. 9149317, and the northeast corner of the called
435	443		3.979 acre tract described in the deed to Charles P. Peters, III and
436	444		wife, Judith S. Peters, recorded under M.C.C.F. No. 9143598 and the
437	445		southeast corner of the herein described tract;
438	446		THENCE, South 71 degrees 30 minutes 55 seconds West, along
439	447		the southerly line of said remainder of a called 410.539 acre tract,
440	448		a distance of 1,225.27 feet, to a 5/8-inch iron rod with orange
441	449		plastic cap stamped "West Belt Surveying Inc" set in the northerly
442	450		line of the called 7.4806 acre tract described in the deed to
443	451		William Lewis Pattillo, II1 and wife, Theresa Marcelle Pattillo
444	452		recorded under M.C.C.F. No. 2005-137433 common with the northerly
445	453		line of said remainder of a called 410.539 acre tract and marking
446	454		the southwest corner of the herein described tract;
447	455		THENCE, North 18 degrees 29 minutes 05 seconds West,
448	456		departing said common line and over and across said remainder of a
449	457		called 410.539 acre tract, a distance of 504.76 feet, to a 5/8-inch
450	458		iron rod with orange plastic cap stamped "West Belt Surveying Inc"
451	459		set marking an angle in the westerly line of the herein described
452	460		tract;
453	461		THENCE, North 22 degrees 10 minutes 43 seconds East,
454	462		continuing over and across said remainder of a called 410.539 acre
455	463		tract and over and across aforesaid southerly remainder of a called
456	464		47.932 acre tract, a distance of 551.06 feet, to a 5/8-inch iron rod
457	465		with orange plastic cap stamped "West Belt Surveying Inc" set in the
458	466		southerly R.O.W. line of aforesaid Pine Valley Drive and marking an
459	467		the beginning of a non-tangent curve to the left and the northwest
460	468		corner of the herein described tract;
461	469		THENCE, in an easterly direction, along said curve to the
462	470		left, having a radius of 1,254.00 feet, a central angle of 42
463	471		degrees 52 minutes 51 seconds (chord bears, South 89 degrees 15
464	472		minutes 42 seconds East, 916.76 feet) and an arc distance of 938.51
465	473		feet, to the POINT OF BEGINNING and containing a computed area of
466	474		20.000 acres (871,200 square feet) of land as depicted on the Land
467	475		Title Survey dated: August 2, 2019, prepared by West Belt
468	476		Surveying, Inc., Project No. S945-0004A.
469	477		SECTION 3. (a) The legal notice of the intention to
470	478		introduce this Act, setting forth the general substance of this
471	479		Act, has been published as provided by law, and the notice and a
472	480		copy of this Act have been furnished to all persons, agencies,
473	481		officials, or entities to which they are required to be furnished
474	482		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
475	483		Government Code.
476	484		(b) The governor, one of the required recipients, has
477	485		submitted the notice and Act to the Texas Commission on
478	486		Environmental Quality.
479	487		(c) The Texas Commission on Environmental Quality has filed
480	488		its recommendations relating to this Act with the governor, the
481	489		lieutenant governor, and the speaker of the house of
482	490		representatives within the required time.
483	491		(d) All requirements of the constitution and laws of this
484	492		state and the rules and procedures of the legislature with respect
485	493		to the notice, introduction, and passage of this Act are fulfilled
486	494		and accomplished.
487	495		SECTION 4. (a) If this Act does not receive a two-thirds
488	496		vote of all the members elected to each house, Subchapter C, Chapter
489	497		7939A, Special District Local Laws Code, as added by Section 1 of
490	498		this Act, is amended by adding Section 7939A.0307 to read as
491	499		follows:
492	500		Sec. 7939A.0307. NO EMINENT DOMAIN POWER. The district may
493	501		not exercise the power of eminent domain.
494	502		(b) This section is not intended to be an expression of a
495	503		legislative interpretation of the requirements of Section 17(c),
496	504		Article I, Texas Constitution.
497	505		SECTION 5. This Act takes effect September 1, 2021.
498		-	______________________________ ______________________________
499		-	President of the Senate Speaker of the House
500		-	I certify that H.B. No. 4652 was passed by the House on May
501		-	14, 2021, by the following vote: Yeas 106, Nays 39, 2 present, not
502		-	voting; and that the House concurred in Senate amendments to H.B.
503		-	No. 4652 on May 28, 2021, by the following vote: Yeas 87, Nays 53,
504		-	2 present, not voting.
505		-	______________________________
506		-	Chief Clerk of the House
507		-	I certify that H.B. No. 4652 was passed by the Senate, with
508		-	amendments, on May 27, 2021, by the following vote: Yeas 30, Nays
509		-	1.
510		-	______________________________
511		-	Secretary of the Senate
512		-	APPROVED: __________________
513		-	Date
514		-	__________________
515		-	Governor
	506	+	* * * * *