Texas 2021 - 87th Regular

Texas House Bill HB4666 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4666
	1	+	By: Anderson (Senate Sponsor - Birdwell) H.B. No. 4666
	2	+	(In the Senate - Received from the House May 19, 2021;
	3	+	May 19, 2021, read first time and referred to Committee on Local
	4	+	Government; May 21, 2021, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 21, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Lorena Municipal Management
6	12		District No. 1; providing authority to issue bonds; providing
7	13		authority to impose assessments, fees, and taxes.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	16		Code, is amended by adding Chapter 3791 to read as follows:
11	17		CHAPTER 3791. LORENA MUNICIPAL MANAGEMENT DISTRICT NO. 1
12	18		SUBCHAPTER A. GENERAL PROVISIONS
13	19		Sec. 3791.0101. DEFINITIONS. In this chapter:
14	20		(1) "Board" means the district's board of directors.
15	21		(2) "City" means the City of Lorena.
16	22		(3) "County" means McLennan County.
17	23		(4) "Director" means a board member.
18	24		(5) "District" means the Lorena Municipal Management
19	25		District No. 1.
20	26		Sec. 3791.0102. NATURE OF DISTRICT. The Lorena Municipal
21	27		Management District No. 1 is a special district created under
22	28		Section 59, Article XVI, Texas Constitution.
23	29		Sec. 3791.0103. PURPOSE; DECLARATION OF INTENT. (a) The
24	30		creation of the district is essential to accomplish the purposes of
25	31		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
26	32		Texas Constitution, and other public purposes stated in this
27	33		chapter.
28	34		(b) By creating the district and in authorizing the county,
29	35		the city, and other political subdivisions to contract with the
30	36		district, the legislature has established a program to accomplish
31	37		the public purposes set out in Section 52-a, Article III, Texas
32	38		Constitution.
33	39		(c) The creation of the district is necessary to promote,
34	40		develop, encourage, and maintain employment, commerce,
35	41		transportation, housing, tourism, recreation, the arts,
36	42		entertainment, economic development, safety, and the public
37	43		welfare in the district.
38	44		(d) This chapter and the creation of the district may not be
39	45		interpreted to relieve the county or the city from providing the
40	46		level of services provided as of the effective date of the Act
41	47		enacting this chapter to the area in the district. The district is
42	48		created to supplement and not to supplant county or city services
43	49		provided in the district.
44	50		Sec. 3791.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
45	51		(a) All land and other property included in the district will
46	52		benefit from the improvements and services to be provided by the
47	53		district under powers conferred by Sections 52 and 52-a, Article
48	54		III, and Section 59, Article XVI, Texas Constitution, and other
49	55		powers granted under this chapter.
50	56		(b) The district is created to serve a public use and
51	57		benefit.
52	58		(c) The creation of the district is in the public interest
53	59		and is essential to further the public purposes of:
54	60		(1) developing and diversifying the economy of the
55	61		state;
56	62		(2) eliminating unemployment and underemployment; and
57	63		(3) developing or expanding transportation and
58	64		commerce.
59	65		(d) The district will:
60	66		(1) promote the health, safety, and general welfare of
61	67		residents, employers, potential employees, employees, visitors,
62	68		and consumers in the district, and of the public;
63	69		(2) provide needed funding for the district to
64	70		preserve, maintain, and enhance the economic health and vitality of
65	71		the district territory as a community and business center;
66	72		(3) promote the health, safety, welfare, and enjoyment
67	73		of the public by providing pedestrian ways and by landscaping and
68	74		developing certain areas in the district, which are necessary for
69	75		the restoration, preservation, and enhancement of scenic beauty;
70	76		and
71	77		(4) provide for water, wastewater, drainage, road, and
72	78		recreational facilities for the district.
73	79		(e) Pedestrian ways along or across a street, whether at
74	80		grade or above or below the surface, and street lighting, street
75	81		landscaping, parking, and street art objects are parts of and
76	82		necessary components of a street and are considered to be a street
77	83		or road improvement.
78	84		(f) The district will not act as the agent or
79	85		instrumentality of any private interest even though the district
80	86		will benefit many private interests as well as the public.
81	87		Sec. 3791.0105. INITIAL DISTRICT TERRITORY. (a) The
82	88		district is initially composed of the territory described by
83	89		Section 2 of the Act enacting this chapter.
84	90		(b) The boundaries and field notes contained in Section 2 of
85	91		the Act enacting this chapter form a closure. A mistake in the
86	92		field notes or in copying the field notes in the legislative process
87	93		does not affect the district's:
88	94		(1) organization, existence, or validity;
89	95		(2) right to issue any type of bonds for the purposes
90	96		for which the district is created or to pay the principal of and
91	97		interest on the bonds;
92	98		(3) right to impose or collect an assessment or tax; or
93	99		(4) legality or operation.
94	100		Sec. 3791.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
95	101		All or any part of the area of the district is eligible to be
96	102		included in:
97	103		(1) a tax increment reinvestment zone created under
98	104		Chapter 311, Tax Code; or
99	105		(2) a tax abatement reinvestment zone created under
100	106		Chapter 312, Tax Code.
101	107		Sec. 3791.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
102	108		DISTRICTS LAW. Except as otherwise provided by this chapter,
103	109		Chapter 375, Local Government Code, applies to the district.
104	110		Sec. 3791.0108. CONSTRUCTION OF CHAPTER. This chapter
105	111		shall be liberally construed in conformity with the findings and
106	112		purposes stated in this chapter.
107	113		SUBCHAPTER B. BOARD OF DIRECTORS
108	114		Sec. 3791.0201. GOVERNING BODY; TERMS. (a) The district is
109	115		governed by a board of five directors elected or appointed as
110	116		provided by this chapter and Subchapter D, Chapter 49, Water Code.
111	117		(b) Except as provided by Section 3791.0203, directors
112	118		serve staggered four-year terms.
113	119		Sec. 3791.0202. COMPENSATION. A director is entitled to
114	120		receive fees of office and reimbursement for actual expenses as
115	121		provided by Section 49.060, Water Code. Sections 375.069 and
116	122		375.070, Local Government Code, do not apply to the board.
117	123		Sec. 3791.0203. TEMPORARY DIRECTORS. (a) On or after the
118	124		effective date of the Act creating this chapter, the owner or owners
119	125		of a majority of the assessed value of the real property in the
120	126		district according to the most recent certified tax appraisal roll
121	127		for the county may submit a petition to the Texas Commission on
122	128		Environmental Quality requesting that the commission appoint as
123	129		temporary directors the five persons named in the petition. The
124	130		commission shall appoint as temporary directors the five persons
125	131		named in the petition.
126	132		(b) The temporary or successor temporary directors shall
127	133		hold an election to elect five permanent directors as provided by
128	134		Section 49.102, Water Code.
129	135		(c) Temporary directors serve until the earlier of:
130	136		(1) the date permanent directors are elected under
131	137		Subsection (b); or
132	138		(2) the fourth anniversary of the effective date of
133	139		the Act creating this chapter.
134	140		(d) If permanent directors have not been elected under
135	141		Subsection (b) and the terms of the temporary directors have
136	142		expired, successor temporary directors shall be appointed or
137	143		reappointed as provided by Subsection (e) to serve terms that
138	144		expire on the earlier of:
139	145		(1) the date permanent directors are elected under
140	146		Subsection (b); or
141	147		(2) the fourth anniversary of the date of the
142	148		appointment or reappointment.
143	149		(e) If Subsection (d) applies, the owner or owners of a
144	150		majority of the assessed value of the real property in the district
145	151		according to the most recent certified tax appraisal roll for the
146	152		county may submit a petition to the Texas Commission on
147	153		Environmental Quality requesting that the commission appoint as
148	154		successor temporary directors the five persons named in the
149	155		petition. The commission shall appoint as successor temporary
150	156		directors the five persons named in the petition.
151	157		Sec. 3791.0204. NONVOTING DIRECTORS. The board may appoint
152	158		nonvoting directors to serve at the pleasure of the voting
153	159		directors.
154	160		Sec. 3791.0205. QUORUM. For purposes of determining the
155	161		requirements for a quorum of the board, the following are not
156	162		counted:
157	163		(1) a board position vacant for any reason, including
158	164		death, resignation, or disqualification;
159	165		(2) a director who is abstaining from participation in
160	166		a vote because of a conflict of interest; or
161	167		(3) a nonvoting director.
162	168		SUBCHAPTER C. POWERS AND DUTIES
163	169		Sec. 3791.0301. GENERAL POWERS AND DUTIES. The district
164	170		has the powers and duties necessary to accomplish the purposes for
165	171		which the district is created.
166	172		Sec. 3791.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
167	173		The district, using any money available to the district for the
168	174		purpose, may provide, design, construct, acquire, improve,
169	175		relocate, operate, maintain, or finance an improvement project or
170	176		service authorized under this chapter or Chapter 375, Local
171	177		Government Code.
172	178		(b) The district may contract with a governmental or private
173	179		entity to carry out an action under Subsection (a).
174	180		(c) The implementation of a district project or service is a
175	181		governmental function or service for the purposes of Chapter 791,
176	182		Government Code.
177	183		Sec. 3791.0303. NONPROFIT CORPORATION. (a) The board by
178	184		resolution may authorize the creation of a nonprofit corporation to
179	185		assist and act for the district in implementing a project or
180	186		providing a service authorized by this chapter.
181	187		(b) The nonprofit corporation:
182	188		(1) has each power of and is considered to be a local
183	189		government corporation created under Subchapter D, Chapter 431,
184	190		Transportation Code; and
185	191		(2) may implement any project and provide any service
186	192		authorized by this chapter.
187	193		(c) The board shall appoint the board of directors of the
188	194		nonprofit corporation. The board of directors of the nonprofit
189	195		corporation shall serve in the same manner as the board of directors
190	196		of a local government corporation created under Subchapter D,
191	197		Chapter 431, Transportation Code, except that a board member is not
192	198		required to reside in the district.
193	199		Sec. 3791.0304. LAW ENFORCEMENT SERVICES. To protect the
194	200		public interest, the district may contract with a qualified party,
195	201		including the county or the city, to provide law enforcement
196	202		services in the district for a fee.
197	203		Sec. 3791.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
198	204		The district may join and pay dues to a charitable or nonprofit
199	205		organization that performs a service or provides an activity
200	206		consistent with the furtherance of a district purpose.
201	207		Sec. 3791.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
202	208		district may engage in activities that accomplish the economic
203	209		development purposes of the district.
204	210		(b) The district may establish and provide for the
205	211		administration of one or more programs to promote state or local
206	212		economic development and to stimulate business and commercial
207	213		activity in the district, including programs to:
208	214		(1) make loans and grants of public money; and
209	215		(2) provide district personnel and services.
210	216		(c) The district may create economic development programs
211	217		and exercise the economic development powers provided to
212	218		municipalities by:
213	219		(1) Chapter 380, Local Government Code; and
214	220		(2) Subchapter A, Chapter 1509, Government Code.
215	221		Sec. 3791.0307. PARKING FACILITIES. (a) The district may
216	222		acquire, lease as lessor or lessee, construct, develop, own,
217	223		operate, and maintain parking facilities or a system of parking
218	224		facilities, including lots, garages, parking terminals, or other
219	225		structures or accommodations for parking motor vehicles off the
220	226		streets and related appurtenances.
221	227		(b) The district's parking facilities serve the public
222	228		purposes of the district and are owned, used, and held for a public
223	229		purpose even if leased or operated by a private entity for a term of
224	230		years.
225	231		(c) The district's parking facilities are parts of and
226	232		necessary components of a street and are considered to be a street
227	233		or road improvement.
228	234		(d) The development and operation of the district's parking
229	235		facilities may be considered an economic development program.
230	236		Sec. 3791.0308. ADDING OR EXCLUDING LAND. The district may
231	237		add or exclude land in the manner provided by Subchapter J, Chapter
232	238		49, Water Code, or by Subchapter H, Chapter 54, Water Code.
233	239		Sec. 3791.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
234	240		board by resolution shall establish the number of directors'
235	241		signatures and the procedure required for a disbursement or
236	242		transfer of district money.
237	243		Sec. 3791.0310. NO EMINENT DOMAIN POWER. The district may
238	244		not exercise the power of eminent domain.
239	245		SUBCHAPTER D. ASSESSMENTS
240	246		Sec. 3791.0401. PETITION REQUIRED FOR FINANCING SERVICES
241	247		AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
242	248		service or improvement project with assessments under this chapter
243	249		unless a written petition requesting that service or improvement
244	250		has been filed with the board.
245	251		(b) A petition filed under Subsection (a) must be signed by
246	252		the owners of a majority of the assessed value of real property in
247	253		the district subject to assessment according to the most recent
248	254		certified tax appraisal roll for the county.
249	255		Sec. 3791.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
250	256		The board by resolution may impose and collect an assessment for any
251	257		purpose authorized by this chapter in all or any part of the
252	258		district.
253	259		(b) An assessment, a reassessment, or an assessment
254	260		resulting from an addition to or correction of the assessment roll
255	261		by the district, penalties and interest on an assessment or
256	262		reassessment, an expense of collection, and reasonable attorney's
257	263		fees incurred by the district:
258	264		(1) are a first and prior lien against the property
259	265		assessed;
260	266		(2) are superior to any other lien or claim other than
261	267		a lien or claim for county, school district, or municipal ad valorem
262	268		taxes; and
263	269		(3) are the personal liability of and a charge against
264	270		the owners of the property even if the owners are not named in the
265	271		assessment proceedings.
266	272		(c) The lien is effective from the date of the board's
267	273		resolution imposing the assessment until the date the assessment is
268	274		paid. The board may enforce the lien in the same manner that the
269	275		board may enforce an ad valorem tax lien against real property.
270	276		(d) The board may make a correction to or deletion from the
271	277		assessment roll that does not increase the amount of assessment of
272	278		any parcel of land without providing notice and holding a hearing in
273	279		the manner required for additional assessments.
274	280		SUBCHAPTER E. TAXES AND BONDS
275	281		Sec. 3791.0501. TAX ELECTION REQUIRED. The district must
276	282		hold an election in the manner provided by Chapter 49, Water Code,
277	283		or, if applicable, Chapter 375, Local Government Code, to obtain
278	284		voter approval before the district may impose an ad valorem tax.
279	285		Sec. 3791.0502. OPERATION AND MAINTENANCE TAX. (a) If
280	286		authorized by a majority of the district voters voting at an
281	287		election under Section 3791.0501, the district may impose an
282	288		operation and maintenance tax on taxable property in the district
283	289		in the manner provided by Section 49.107, Water Code, for any
284	290		district purpose, including to:
285	291		(1) maintain and operate the district;
286	292		(2) construct or acquire improvements; or
287	293		(3) provide a service.
288	294		(b) The board shall determine the operation and maintenance
289	295		tax rate. The rate may not exceed the rate approved at the
290	296		election.
291	297		Sec. 3791.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
292	298		BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
293	299		terms determined by the board.
294	300		(b) The district may issue bonds, notes, or other
295	301		obligations payable wholly or partly from ad valorem taxes,
296	302		assessments, impact fees, revenue, contract payments, grants, or
297	303		other district money, or any combination of those sources of money,
298	304		to pay for any authorized district purpose.
299	305		Sec. 3791.0504. BONDS SECURED BY REVENUE OR CONTRACT
300	306		PAYMENTS. The district may issue, without an election, bonds
301	307		secured by:
302	308		(1) revenue other than ad valorem taxes, including
303	309		contract revenues; or
304	310		(2) contract payments, provided that the requirements
305	311		of Section 49.108, Water Code, have been met.
306	312		Sec. 3791.0505. BONDS SECURED BY AD VALOREM TAXES;
307	313		ELECTIONS. (a) If authorized at an election under Section
308	314		3791.0501, the district may issue bonds payable from ad valorem
309	315		taxes.
310	316		(b) Section 375.243, Local Government Code, does not apply
311	317		to the district.
312	318		(c) At the time the district issues bonds payable wholly or
313	319		partly from ad valorem taxes, the board shall provide for the annual
314	320		imposition of a continuing direct annual ad valorem tax, without
315	321		limit as to rate or amount, for each year that all or part of the
316	322		bonds are outstanding as required and in the manner provided by
317	323		Sections 54.601 and 54.602, Water Code.
318	324		(d) All or any part of any facilities or improvements that
319	325		may be acquired by a district by the issuance of its bonds may be
320	326		submitted as a single proposition or as several propositions to be
321	327		voted on at the election.
322	328		Sec. 3791.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
323	329		board may not issue bonds until each municipality in whose
324	330		corporate limits or extraterritorial jurisdiction the district is
325	331		located has consented by ordinance or resolution to the creation of
326	332		the district and to the inclusion of land in the district.
327	333		(b) This section applies only to the district's first
328	334		issuance of bonds payable from ad valorem taxes.
329	335		SUBCHAPTER I. DISSOLUTION
330	336		Sec. 3791.0901. DISSOLUTION. (a) The board shall dissolve
331	337		the district on written petition filed with the board by the owners
332	338		of at least two-thirds of the assessed value of the property subject
333	339		to assessment or taxation by the district based on the most recent
334	340		certified county property tax rolls.
335	341		(b) The board by majority vote may dissolve the district at
336	342		any time.
337	343		(c) The district may not be dissolved by its board under
338	344		Subsection (a) or (b) if the district:
339	345		(1) has any outstanding bonded indebtedness until that
340	346		bonded indebtedness has been repaid or defeased in accordance with
341	347		the order or resolution authorizing the issuance of the bonds;
342	348		(2) has a contractual obligation to pay money until
343	349		that obligation has been fully paid in accordance with the
344	350		contract; or
345	351		(3) owns, operates, or maintains public works,
346	352		facilities, or improvements unless the district contracts with
347	353		another person for the ownership, operation, or maintenance of the
348	354		public works, facilities, or improvements.
349	355		(d) Sections 375.261, 375.262, and 375.264, Local
350	356		Government Code, do not apply to the district.
351	357		SECTION 2. The Lorena Municipal Management District No. 1
352	358		initially includes all the territory contained in the following
353	359		area:
354	360		BEING A 441.17 ACRE TRACT OF LAND, SITUATED IN THE J. STEWART
355	361		SURVEY, ABSTRACT NO. 815, McLENNAN COUNTY, TEXAS, AND BEING THE
356	362		REMAINDER OF THAT CALLED 144.720 ACRE TRACT OF LAND DESCRIBED IN
357	363		DEED TO RKS TEXAS INVESTMENTS, LP, AS RECORDED IN McLENNAN COUNTY
358	364		CLERKS FILE NUMBER 2012019521 OF THE OFFICIAL PUBLIC RECORDS OF
359	365		McLENNAN COUNTY, TEXAS (O.P.R.M.C.T.), THE REMAINDER OF THAT CALLED
360	366		24.442 ACRE TRACT OF LAND DESCRIBED IN DEED TO RKS LORENA 25, LLC,
361	367		AS RECORDED IN McLENNAN COUNTY CLERKS FILE NUMBER 2014015394 OF
362	368		SAID O.P.R.M.C.T., THE REMAINDER OF THAT CALLED 107.547 ACRE TRACT
363	369		OF LAND DESCRIBED IN DEED TO RKS PROPERTIES LORENA, LLC, AS RECORDED
364	370		IN McLENNAN COUNTY CLERKS FILE NUMBER 2006041369 OF SAID
365	371		O.P.R.M.C.T., ALL OF THAT CALLED 0.2646 ACRE TRACT OF LAND, "TRACT
366	372		3" AND ALL OF THAT CALLED 1.0205 ACRE TRACT OF LAND "TRACT 1" AS
367	373		DESCRIBED IN AN UNRECORDED DOCUMENT KNOWN AS PART 2 AGREEMENT TO RKS
368	374		PROPERTIES LORENA, LLC, ALL OF THAT CALLED 65.150 ACRE TRACT OF LAND
369	375		DESCRIBED AS "TRACT ONE" AND ALL OF THAT CALLED 17.325 ACRE TRACT OF
370	376		LAND DESCRIBED AS "TRACT 2" IN DEED TO RKS PROPERTIES LORENA, LLC,
371	377		AS RECORDED IN McLENNAN COUNTY CLERKS FILE NUMBER 2006041363 OF
372	378		SAID O.P.R.M.C.T., A PORTION OF THAT CALLED 31.91 ACRE TRACT OF LAND
373	379		DESCRIBED IN DEED TO LORENA INDEPENDENT SCHOOL DISTRICT AS RECORDED
374	380		IN McLENNAN COUNTY CLERKS FILE NUMBER 2003014830 OF SAID
375	381		O.P.R.M.C.T., ALL OF THAT CALLED 67.477 ACRE TRACT OF LAND
376	382		DESCRIBED AS "TRACT 1" AND ALL OF THAT CALLED 9.607 ACRE TRACT OF
377	383		LAND DESCRIBED AS "TRACT 2" IN DEED TO RKS PROPERTIES LORENA, LLC,
378	384		AS RECORDED IN McLENNAN COUNTY CLERKS FILE NUMBER 2006041359 OF
379	385		SAID O.P.R.M.C.T., AND ALSO THOSE PORTIONS OF FARM TO MARKET ROAD
380	386		2837 AND THE UNION PACIFIC RAILROAD SITUATED BETWEEN SAID TRACTS.
381	387		SAID 441.17 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
382	388		AND BOUNDS AS FOLLOWS:
383	389		BEGINNING at a 3/8 inch capped iron rod found and stamped
384	390		"RODEN 772-8150", being the north corner of said 144.720 acre tract
385	391		and lying in the east Right of Way (ROW) line of Union Pacific
386	392		Railroad (100' wide ROW) for the northeast corner of the herein
387	393		described tract;
388	394		THENCE along the northeast lines of said 144.720 acres, the
389	395		following three (3) courses and distances:
390	396		1) S 30° 36' 06" E, a distance of 2,484.04 feet, to a 40D nail
391	397		found for an angle point hereof;
392	398		2) S 30° 25' 29" E, a distance of 1,267.27 feet, to a 1/2 inch
393	399		iron rod found for an angle point hereof;
394	400		3) S 30° 45' 05" E, a distance of 188.59 feet, to a TXDOT Type
395	401		II Monument found for corner hereof, being an interior corner of
396	402		said 144.720 acre tract, and lying in the westerly ROW line of
397	403		Interstate Highway 35 (Variable width ROW);
398	404		THENCE along the west lines of said Interstate Highway 35,
399	405		the following eight (8) courses and distances:
400	406		1) S 31° 26' 52" E, a distance of 15.31 feet, to a TXDOT Type
401	407		II Monument found for corner hereof, for the easternmost corner
402	408		hereof;
403	409		2) S 19° 07' 52" W, a distance of 57.76 feet, to a point for
404	410		corner hereof;
405	411		3) S 19° 21' 11" W, passing at an approximate distance of
406	412		46.7 feet, the common line of said 144.720 and 24.442 acre tracts,
407	413		and continuing for a total distance of 512.57 feet, to a TXDOT Type
408	414		II Monument found for corner hereof;
409	415		4) S 19° 22' 29" W, a distance of 160.08 feet, to a point for
410	416		corner hereof;
411	417		5) S 25° 32' 45" W, a distance of 945.94 feet, to a point for
412	418		corner hereof;
413	419		6) S 20° 12' 44" W, a distance of 386.76 feet, to a point for
414	420		corner hereof;
415	421		7) S 20° 48' 22" W, a distance of 69.78 feet, to a point for
416	422		corner hereof;
417	423		8) S 45° 40' 04" W, a distance of 254.36 feet, to a point for
418	424		corner hereof, being the northeast corner of that called 3.859 acre
419	425		tract of land described as "Parcel 1" in deed to the State of Texas,
420	426		as recorded in McLennan County Clerks File Number 2014015395 of
421	427		said O.P.R.M.C.T., also lying in the north ROW line of Farm to
422	428		Market Road 2837 (FM 2837, variable width ROW);
423	429		THENCE N 86° 15' 06" W, leaving said Interstate Highway 35
424	430		ROW, along the north ROW line of said FM 2837, a distance of 141.86
425	431		feet, to a point for corner hereof. From which, a TXDOT Type II
426	432		Monument found, being the northwest corner of said 3.859 acre
427	433		tract, bears N 86° 15' 06" W, a distance of 474.09 feet;
428	434		THENCE S 03° 44' 54" W, over and across said FM 2837, a
429	435		distance of 166.77 feet, to a point for corner hereof, lying in the
430	436		south ROW line of said FM 2837;
431	437		THENCE along the southwest lines of said FM 2837, the
432	438		following two (2) courses and distances:
433	439		1) S 26° 28' 52" W, a distance of 256.60 feet, to a point for
434	440		corner hereof;
435	441		2) S 50° 30' 15" E, a distance of 8.77 feet, to a 5/8 inch
436	442		iron rod found for corner hereof, being the northerly common corner
437	443		of said 3.859 acre tract and said 0.2646 acre tract;
438	444		THENCE leaving said ROW line, with the north lines of said
439	445		0.2646 acre tract, the following three (3) courses and distances:
440	446		1) S 55° 37' 49" E, a distance of 113.33 feet, to a point for
441	447		corner hereof;
442	448		2) S 38° 17' 59" E, a distance of 50.54 feet, to a point for
443	449		corner hereof;
444	450		3) S 35° 39' 56" E, a distance of 72.50 feet, to a TXDOT Type
445	451		II Monument found for corner hereof, being the northeast corner of
446	452		said 0.2646 acre tract, also lying in the east ROW line of said FM
447	453		2837;
448	454		THENCE S 59° 11' 08" W, with the northwest line of said Lot 2
449	455		and the southeast line of said 0.2646 acre tract, a distance of
450	456		22.69 feet, to a point for corner hereof, being the southeast corner
451	457		of said 0.2646 acre tract, also lying in the east ROW line of said FM
452	458		2837;
453	459		THENCE leaving said ROW line, with the south lines of said
454	460		0.2646 acre tract, the following three (3) courses and distances:
455	461		1) N 30° 04' 50" W, a distance of 7.30 feet, to a point for
456	462		corner hereof, being the beginning of a curve to the left, having a
457	463		central angle of 56° 10' 45", a radius of 160.00 feet, and having a
458	464		chord bearing N 58° 09' 58" W, a chord distance of 150.67 feet;
459	465		2) Along said curve to the left, an arc distance of 156.88
460	466		feet, to a point for corner hereof at the end of said curve;
461	467		3) N 86° 15' 09" W, a distance of 281.27 feet, to a point for
462	468		corner hereof, being the southerly southwest corner of said 0.2646
463	469		acre tract, also being the south end of a southeasterly cutback in
464	470		the east ROW line of said FM 2837;
465	471		THENCE S 03° 44' 27" W, leaving said 0.2646 acre tract, a
466	472		distance of 80.00 feet, to a point for corner hereof, being the
467	473		northerly northwest corner of said 1.0205 acre tract, also being
468	474		the north end of a northeasterly cutback in the east ROW line of
469	475		said FM 2837;
470	476		THENCE along the north lines of said 1.0205 acre tract, the
471	477		following four (4) courses and distances:
472	478		1) S 86° 15' 09" E, a distance of 171.85 feet, to a point for
473	479		corner hereof;
474	480		2) S 41° 15' 32" E, a distance of 14.16 feet, to a point for
475	481		corner hereof;
476	482		3) S 03° 44' 30" W, a distance of 80.91 feet, to a point for
477	483		corner hereof, being the beginning of a non-tangent curve to the
478	484		left, having a central angle of 97° 27' 02", a radius of 56.00 feet,
479	485		and having a chord bearing S 16° 47' 50" W a chord distance of 84.17
480	486		feet;
481	487		4) Along said non-tangent curve the left, an arc distance of
482	488		95.25 feet, to a point for corner hereof, being the southeast corner
483	489		of said 1.0205 acre tract, also lying in the south ROW line of said
484	490		FM 2837;
485	491		THENCE along the southeast lines of said 1.0205 acre tract,
486	492		the following three (3) courses and distances:
487	493		1) S 59° 02' 20" W, a distance of 58.10 feet, to a point for
488	494		corner hereof;
489	495		2) S 39° 28' 58" W, a distance of 111.31 feet, to a point for
490	496		corner hereof;
491	497		3) S 59° 13' 38" W, a distance of 85.55 feet, to a TXDOT Type
492	498		II Monument found for corner hereof, being the south corner of said
493	499		1.0205 acre tract;
494	500		THENCE along the southwest lines of said 1.0205 acre tract,
495	501		the following three (3) courses and distances:
496	502		1) N 33° 27' 47" W, a distance of 40.93 feet, to a point for
497	503		corner hereof, being the beginning of a non-tangent curve to the
498	504		left, having a central angle of 11° 56' 58", a radius of 132.50 feet,
499	505		and having a chord bearing N 39° 26' 15" W a chord distance of 27.58
500	506		feet,
501	507		2) Along said non-tangent curve to the left, an arc distance
502	508		of 27.63 feet, to a point for corner hereof;
503	509		3) N 11° 43' 31" W, a distance of 28.45 feet, to a point for
504	510		corner hereof, being the southwest corner of said 1.0205 acre tract
505	511		and lying in the southeast line of said 3.859 acre tract;
506	512		THENCE N 62° 54' 54" W, over and across said 3.859 acre tract,
507	513		a distance of 100.01 feet, to a point for corner hereof, lying in
508	514		the west line of said 3.859 acre tract, being the west ROW line of
509	515		said FM 2837, being the beginning of a non-tangent curve to the
510	516		right, having a central angle of 24° 00' 58", a radius of 500.00
511	517		feet, and having a chord bearing S 39° 05' 35" W, a chord distance of
512	518		208.05 feet;
513	519		THENCE along said non-tangent curve to the right, an arc
514	520		distance of 209.58 feet, to a TXDOT Type II Monument found for
515	521		corner hereof, being the southerly common corner of said 107.547
516	522		acre and 3.859 acre tracts, also being the beginning of a
517	523		non-tangent curve to the right, having a central angle of 15° 20'
518	524		28", a radius of 894.93 feet, and having a chord bearing S 66° 07'
519	525		01" W a chord distance of 238.91 feet;
520	526		THENCE Along said non-tangent curve to the right, with the
521	527		common line of said 107.547 acre tract and FM 2837 ROW, an arc
522	528		distance of 239.62 feet, to a 1/2 inch iron rod found for corner
523	529		hereof, being the southerly common corner of said 107.547 acres and
524	530		that called 1.75 acre tract of land described in deed to Lorena
525	531		Lodge 594 A.F. & A.M., as recorded in Volume 1543, Page 814, of the
526	532		Deed Records of McLennan County, Texas (D.R.M.C.T.);
527	533		THENCE leaving said ROW line, along the common lines of said
528	534		107.547 acre and 1.75 acre tracts, the following two (2) courses and
529	535		distances:
530	536		1) N 12° 55' 40" E, a distance of 300.04 feet, to a 1/2 inch
531	537		iron rod found for corner hereof, being the northeasterly common
532	538		corner of said 107.547 acre and 1.75 acre tracts;
533	539		2) S 85° 15' 44" W, a distance of 272.77 feet, to a 1/2 inch
534	540		iron rod found for corner hereof, being the northerly common corner
535	541		of said 107.547 acre and 1.75 acre tracts, and lying in the east
536	542		line of that called 1.12 acre tract of land described in deed to
537	543		Lorena Church of Christ, as recorded in McLennan County Clerks File
538	544		Number 2004009723 of said O.P.R.M.C.T.,
539	545		THENCE along the common lines of said 107.547 acre and said
540	546		1.12 acre tracts, the following three (3) courses and distances:
541	547		1) N 09° 25' 45" E, a distance of 94.99 feet, to a 3/8 inch
542	548		capped iron rod found and stamped "RODEN 772-8150" for corner
543	549		hereof, being the northeasterly common corner of said 107.547 acre
544	550		and 1.12 acre tracts;
545	551		2) N 83° 25' 07" W, a distance of 219.90 feet, to a 3/8 inch
546	552		capped iron rod found and stamped "RODEN 772-8150" for corner
547	553		hereof, being the northwesterly common corner of said 107.547 acre
548	554		and 1.12 acre tracts;
549	555		3) S 10° 46' 15" W, a distance of 408.55 feet, to a 3/8 inch
550	556		capped iron rod found and stamped "RODEN 772-8150" for corner
551	557		hereof, being the southerly common corner of said 107.547 acre and
552	558		1.12 acre tracts, also lying in the north ROW line of said FM 2837;
553	559		THENCE N 79° 11' 23" W, along the common line of said 107.547
554	560		acre tract and FM 2837 ROW, a distance of 370.51 feet, to a 3/8 inch
555	561		capped iron rod found and stamped "RODEN 772-8150" for corner
556	562		hereof, being the southerly common corner of said 107.547 acre and
557	563		144.720 acre tracts;
558	564		THENCE N 79° 42' 25" W, along the common line of said 144.720
559	565		acre tract and FM 2837 ROW, a distance of 100.06 feet, to a 3/8 inch
560	566		capped iron rod found and stamped "RODEN 772-8150" for corner
561	567		hereof, being the southwest corner of said 144.720 acre tract and
562	568		lying in the east ROW line of said Union Pacific Railroad;
563	569		THENCE N 78° 26' 04" W, leaving said 144.720 acre tract, over
564	570		and across said railroad, a distance of 100.00 feet, to a 1/2 inch
565	571		capped iron rod found and stamped "Walker Partners" for corner
566	572		hereof, being the southeast corner of said 65.150 acre tract, being
567	573		the beginning of a non-tangent curve to the left, having a central
568	574		angle of 09° 25' 43", a radius of 2914.79 feet, and having a chord
569	575		bearing S 7° 12' 10" W, a chord distance of 479.12 feet;
570	576		THENCE Along said non-tangent curve to the left, passing at
571	577		an approximate distance of 120 feet, the south ROW line of said FM
572	578		2837 and the northeast corner of said 17.325 acre tract, and
573	579		continuing for a total arc distance of 479.66 feet, to a 1/2 inch
574	580		capped iron rod found and stamped "G. E. Walker" for corner hereof,
575	581		being the southeast corner of said 17.325 acre tract;
576	582		THENCE S 60° 52' 47" W, along the southeast line of said 17.325
577	583		acre tract, a distance of 744.49 feet, to a point for corner hereof,
578	584		being the south corner of said 17.325 acres, also lying in the
579	585		northeast ROW line of Houston Street (Variable width ROW);
580	586		THENCE along the southwest lines of said 17.325 acre tract,
581	587		the following four (4) courses and distances:
582	588		1) N 30° 28' 33" W, a distance of 542.38 feet, to a 3/8 inch
583	589		iron rod found for corner hereof, also lying in the northeast ROW
584	590		line of said Houston Street;
585	591		2) N 63° 10' 56" E, a distance of 151.88 feet, to a point for
586	592		corner hereof;
587	593		3) N 22° 53' 34" W, a distance of 907.25 feet, to a point for
588	594		corner hereof, also lying in the east ROW line of Williams Road (80'
589	595		wide ROW);
590	596		4) N 66° 38' 13" E, along the east ROW of said Williams Road,
591	597		a distance of 149.47 feet, to a point for corner hereof, being the
592	598		northwest corner of said 17.325 acre tract, also lying at the
593	599		beginning of a cutback of said FM 2837 south ROW line;
594	600		THENCE N 61° 36' 59" E, over and across said FM 2837, a
595	601		distance of 169.86 feet, to a point for corner hereof, lying in
596	602		common line of said 65.150 acre tract and FM 2837 ROW, being the
597	603		beginning of a non-tangent curve to the right, having a central
598	604		angle of 05° 41' 41", a radius of 1,372.40 feet, and having a chord
599	605		bearing N 26° 19' 32" W, a chord distance of 136.35 feet;
600	606		THENCE along the common line of said FM 2837 and said 65.150
601	607		acre tract, the following two (2) courses and distances:
602	608		1) Along said non-tangent curve to the right, an arc
603	609		distance of 136.40 feet, to a TXDOT Type II Monument found at the
604	610		end of said curve for corner hereof;
605	611		2) N 23° 28' 30" W, a distance of 982.67 feet, to a 3/8 inch
606	612		iron rod found for corner hereof, being the southerly common corner
607	613		of said 65.150 acre and 31.91 acre tracts;
608	614		THENCE N 59° 06' 45" E, along the common line of said 65.150
609	615		acre and 31.91 acre tracts, a distance of 1,360.66 feet, to a 1/2
610	616		inch capped iron rod found and stamped "1519" for corner hereof;
611	617		THENCE N 50° 11' 21" W, leaving said common line, over and
612	618		across said 31.91 acre tract, a distance of 649.11 feet, to a 1/2
613	619		inch capped iron rod found and stamped "1519" for corner hereof,
614	620		lying in the common line of said 31.91 acre and 67.477 acre tracts;
615	621		THENCE S 59° 05' 23" W, along said common line, passing at a
616	622		distance of 1,066.46 feet, a 1/2 inch iron rod found for corner
617	623		hereof, being the southerly common corner of said 31.91 and 67.477
618	624		acre tracts, also lying in the north ROW line of said FM 2837,
619	625		continuing over and across said FM 2837, passing at an approximate
620	626		distance of 121 feet, the east corner of said 9.607 acre tract, also
621	627		lying in the south ROW line of said FM 2837, continuing along the
622	628		southeast line of said 9.607 acre tract, for a total distance of
623	629		1,620.59 feet, to a 5/8 inch iron rod found with a damaged cap for
624	630		corner hereof, being the south corner of said 9.607 acre tract, also
625	631		lying in the northeast ROW line of said Houston Street;
626	632		THENCE N 22° 18' 00" W, along the southwest line of said 9.607
627	633		acre tract, a distance of 1,077.22 feet, to a 5/8 inch iron rod
628	634		found with a damaged cap for corner hereof, being the west corner of
629	635		said 9.607 acre tract, also lying in the northeast ROW line of said
630	636		Houston Street;
631	637		THENCE N 57° 53' 00" E, along the northwest line of said 9.607
632	638		acre tract, passing at an approximate distance of 316.6 feet, the
633	639		north corner of said 9.607 acre tract, also lying in the south ROW
634	640		line of said FM 2837, continuing over and across said FM 2837, for a
635	641		total distance of 436.66 feet, to a 1/2 inch iron rod found for
636	642		corner hereof, being the southwest corner of said 67.477 acre
637	643		tract;
638	644		THENCE along the northwest line of said 67.477 acre tract,
639	645		the following three (3) courses and distances:
640	646		1) N 58° 24' 35" E, a distance of 667.90 feet, to a 1/2 inch
641	647		iron rod found with a damaged cap for corner hereof;
642	648		2) N 59° 04' 47" E, a distance of 1,012.75 feet, to a 3/8 inch
643	649		iron rod found for corner hereof;
644	650		3) N 58° 24' 19" E, a distance of 1,131.68 feet, to an 8 inch
645	651		wood corner post found for corner hereof, being the northwest
646	652		corner of said 67.477 acre tract;
647	653		THENCE S 37° 19' 56" E, along the northeast line of said 67.477
648	654		acre tract, a distance of 431.30 feet, to a 1/2 inch iron rod found
649	655		for corner hereof, being the northeast corner of said 67.477 acre
650	656		tract, also lying in the west ROW line of said Union Pacific
651	657		Railroad;
652	658		THENCE leaving said 67.477 acre tract, along the west ROW
653	659		line of said railroad, the following three (3) courses and
654	660		distances:
655	661		1) N 03°50'13" E, a distance of 141.26 feet, to a point for
656	662		corner hereof, being the beginning of a non-tangent curve to the
657	663		right, having a central angle of 11° 51' 41", a radius of 5779.58
658	664		feet, and having a chord bearing N 09° 41' 11" E a chord distance of
659	665		1,194.35 feet;
660	666		2) Along said non-tangent curve to the right, an arc
661	667		distance of 1,196.48 feet, to a point at the end of said curve for
662	668		corner hereof;
663	669		3) N 15° 40' 18" E, a distance of 887.46 feet, to a point for
664	670		the northwest corner hereof;
665	671		THENCE S 74° 19'42" E, over and across said railroad ROW, a
666	672		distance of 100.00 feet, to the POINT OF BEGINNING, and containing
667	673		441.17 acres, more or less.
668	674		SECTION 3. (a) The legal notice of the intention to
669	675		introduce this Act, setting forth the general substance of this
670	676		Act, has been published as provided by law, and the notice and a
671	677		copy of this Act have been furnished to all persons, agencies,
672	678		officials, or entities to which they are required to be furnished
673	679		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
674	680		Government Code.
675	681		(b) The governor, one of the required recipients, has
676	682		submitted the notice and Act to the Texas Commission on
677	683		Environmental Quality.
678	684		(c) The Texas Commission on Environmental Quality has filed
679	685		its recommendations relating to this Act with the governor,
680	686		lieutenant governor, and speaker of the house of representatives
681	687		within the required time.
682	688		(d) All requirements of the constitution and laws of this
683	689		state and the rules and procedures of the legislature with respect
684	690		to the notice, introduction, and passage of this Act have been
685	691		fulfilled and accomplished.
686	692		SECTION 4. This Act takes effect immediately if it receives
687	693		a vote of two-thirds of all the members elected to each house, as
688	694		provided by Section 39, Article III, Texas Constitution. If this
689	695		Act does not receive the vote necessary for immediate effect, this
690	696		Act takes effect September 1, 2021.
691		-	______________________________ ______________________________
692		-	President of the Senate Speaker of the House
693		-	I certify that H.B. No. 4666 was passed by the House on May
694		-	18, 2021, by the following vote: Yeas 99, Nays 38, 2 present, not
695		-	voting.
696		-	______________________________
697		-	Chief Clerk of the House
698		-	I certify that H.B. No. 4666 was passed by the Senate on May
699		-	27, 2021, by the following vote: Yeas 30, Nays 1.
700		-	______________________________
701		-	Secretary of the Senate
702		-	APPROVED: _____________________
703		-	Date
704		-	_____________________
705		-	Governor
	697	+	* * * * *