Texas 2021 - 87th Regular

Texas Senate Bill SB1167 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1167
	1	+	By: Campbell S.B. No. 1167
	2	+	(King of Uvalde)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to boundaries of the Anthem Municipal Utility District;
6	8		affecting the authority to issue bonds.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Subchapter A, Chapter 7979, Special District
9	11		Local Laws Code, is amended by adding Section 7979.004 to read as
10	12		follows:
11	13		Sec. 7979.004. DISTRICT TERRITORY. (a) The district is
12	14		composed of the territory described by Section 3 of the Act enacting
13	15		this section.
14	16		(b) The boundaries and field notes contained in Section 3 of
15	17		the Act enacting this section form a closure. A mistake made in the
16	18		field notes or in copying the field notes in the legislative process
17	19		does not affect the district's:
18	20		(1) organization, existence, or validity;
19	21		(2) right to issue any type of bond for the purposes
20	22		for which the district is created or to pay the principal of and
21	23		interest on a bond;
22	24		(3) right to impose a tax; or
23	25		(4) legality or operation.
24	26		SECTION 2. Section 7979.101, Special District Local Laws
25	27		Code, is amended by adding Subsection (d) to read as follows:
26	28		(d) Section 49.303(d), Water Code, does not apply to the
27	29		district. The district may rely on a previously held election for
28	30		the approval to issue bonds payable in whole or in part from taxes
29	31		after the exclusion of territory described by the Act enacting this
30	32		section.
31	33		SECTION 3. The Anthem Municipal Utility District includes
32	34		all the territory contained in the following area:
33	35		BEING 422.996 ACRES OF LAND LOCATED IN THE ANDREW DUNN LEAGUE,
34	36		ABSTRACT NO. 4, THE JOHN COOPER SURVEY NO. 13, ABSTRACT NO. 100 AND
35	37		THE JESSE DAY SURVEY, ABSTRACT 152 IN HAYS COUNTY, TEXAS AND BEING A
36	38		PORTION OF THE SAME LAND CONVEYED TO MOUNTAIN CITY-150, L.P.,
37	39		CALLED TRACT 1, A 599.25 ACRE TRACT AND TRACT 2 A CALLED 73.693 ACRE
38	40		TRACT AS DESCRIBED IN VOLUME 5272, PAGE 475 AND A CALLED 857 SQUARE
39	41		FOOT TRACT 3 AND A 0.308 ACRE TRACT 4 AS DESCRIBED IN VOLUME 5272,
40	42		PAGE 490 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID
41	43		422.996 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
42	44		AND BOUNDS AS FOLLOWS:
43	45		BEGINNING at a 1/2-inch iron rod located on the northwesterly right
44	46		of way line of RM 150, an 80 foot wide public right of way, for the
45	47		southwest corner of said 73.693 acre Tract 2, same being the
46	48		northwest corner of a called 17.95 acre tract described in a deed to
47	49		Robert and Linda Rosebrock recorded in Volume 1126, Page 236 of the
48	50		Hays County Deed Records;
49	51		THENCE, with the northwest right of way line of said RM 150 the
50	52		following courses and distances:
51	53		(1) N45°54'47"W, 312.73 feet with the westerly line of said
52	54		73.693 acre tract to a Texas Department of Transportation Type 1
53	55		Concrete Monument;
54	56		(2) N44°00'03"W, 1476.41 feet tract to a Texas Department of
55	57		Transportation Type 1 Concrete Monument found at the beginning of a
56	58		curve to the left;
57	59		(3) with the arc of said curve to the left, passing the most
58	60		southerly southwest corner of said 599.25 acre tract, a found
59	61		3/8-inch iron rod at an arc distance of 39.42 feet, passing the
60	62		southerly corner of a 875 square foot and 0.308 acre tract described
61	63		in a deed to Mountain City - 150, L.P. in Volume 5272, Page 490 and
62	64		continuing for an arc distance of 568.29 feet, having a radius of
63	65		1185.90 feet, a central angle of 27°27'23" and a chord bearing and
64	66		distance of N57°43'45"W, 562.87 feet to a 1/2-inch iron rod with cap
65	67		stamped "AST" set for corner on said northwesterly right of way
66	68		line, same being on the southerly line of a called 581.00 acre tract
67	69		described in a deed to M I W L S, LP and being a re-entrant corner
68	70		and most westerly south corner of the herein described tract;
69	71		THENCE, leaving the northwesterly right of way line of RM 150 and
70	72		with the common line of said 581.00 acre tract and said 599.25 acre
71	73		tract the following courses and distances:
72	74		(1) N88°36'39"E, 1422.09 feet to a 1/2-inch iron pipe found
73	75		for an angle point in said line;
74	76		(2) N88°38'02"E, 25.14 feet to a Mag Nail in concrete for an
75	77		interior ell corner of the herein described tract;
76	78		(3) N01°42'12"W, 2818.15 feet to a found 8-inch diameter
77	79		Cedar Fence Post for an interior ell corner of the herein described
78	80		tract;
79	81		(4) S87°57'12"W, 2442.13 feet to a found 8-inch diameter
80	82		Cedar Fence Post for an exterior ell corner of the herein described
81	83		tract, same being the southeast corner of said 752.05 acre tract;
82	84		THENCE, with the westerly line of said 599.25 acre tract, same being
83	85		the easterly line of said 752.05 acre tract the following courses
84	86		and distances:
85	87		(1) N01°27'27"E, 1085.94 feet to a 1/2-inch iron rod with cap
86	88		stamped "AST" found;
87	89		THENCE, leaving said westerly line and crossing said 599.25 acre
88	90		tract the following courses and distances;
89	91		(2) N42°57'57"E, 440.38 feet to a 1/2-inch iron rod with cap
90	92		stamped "AST" found for corner;
91	93		(3) N20°52'40"E, 1067.39 feet to a 1/2-inch iron rod with cap
92	94		stamped "AST" found for corner;
93	95		(4) N37°09'29"E, 492.15 feet to a 1/2-inch iron rod with cap
94	96		stamped "AST" found for corner;
95	97		(5) S85°09'20"E, 319.53 feet to a 1/2-inch iron rod with cap
96	98		stamped "AST" found for corner;
97	99		(6) N84°25'47"E, 294.59 feet to a 1/2-inch iron rod with cap
98	100		stamped "AST" found for corner to the beginning of a curve to the
99	101		left;
100	102		(7) with the arc of a non-tangent curve to the left, 511.24
101	103		feet, having a radius of 871.82 feet, a central angle of 33°35'56"
102	104		and a chord bearing and distance of N68°19'13"E, 503.95 feet to a
103	105		1/2-inch iron rod with cap stamped "AST" found for corner and a
104	106		point of compound curvature;
105	107		(8) with a compound curve to the left, 763.84 feet, having a
106	108		radius of 1431.82 feet, a central angle of 30°33'56" and a chord
107	109		bearing and distance of N32°21'48"E, 754.81 feet to a 1/2-inch iron
108	110		rod with cap stamped "AST" found for corner;
109	111		(9) N08°59'58"E, 277.34 feet to a 1/2-inch iron rod with cap
110	112		stamped "AST" found for corner;
111	113		(10) N09°56'17"E, 409.55 feet to a 1/2-inch iron rod with cap
112	114		stamped "AST" found for corner;
113	115		(11) with the arc of a non-tangent curve to the left, 835.46
114	116		feet, having a radius of 2082.16 feet, a central angle of 22°59'23"
115	117		and a chord bearing and distance of N48°50'55"E, 829.87 feet to a
116	118		1/2-inch iron rod with cap stamped "AST" found for corner;
117	119		(12) N37°50'06"E, 277.44 feet to a 1/2-inch iron rod with cap
118	120		stamped "AST" found for corner;
119	121		(13) N45°32'16"E, 192.35 feet to a 1/2-inch iron rod with cap
120	122		stamped "AST" found for corner on the southwesterly line of a called
121	123		1974.77 acre tract described in a deed as Tract 6, and recorded in
122	124		Volume 3533, Page 150 of said deed records and being on the
123	125		northeasterly line of said 599.25 acre tract;
124	126		THENCE, with said southwesterly line, same being the northeasterly
125	127		line of said 599.25 acre tract, S47°09'20"E, 189.32 feet to a 5-inch
126	128		diameter Cedar fence post found with 3 mag nails and shiner at the
127	129		north corner of Tract 4, Indian Creek Ranch Subdivision as recorded
128	130		in Volume 6, Page 59 of the Hays County Plat Records;
129	131		THENCE, leaving the southwesterly line of said 1974.77 acre tract,
130	132		and with easterly line of said 599.25 acre tract the following
131	133		courses and distances
132	134		(1) With the westerly line of said Indian Creek Ranch Tract
133	135		4, S06°08'47"W, 1374.75 feet to a 1/2-inch iron pipe found at the
134	136		southwest corner of said tract 4, same being the northwest corner of
135	137		Tract 2 of said Indian Creek Ranch and angle point in said easterly
136	138		line;
137	139		(2) With the westerly line of said Tract 2, S06°09'17"W,
138	140		3133.57 feet to a 6-inch diameter fence post at the southwest corner
139	141		of said Tract 2 and an angle point in said easterly line;
140	142		(3) With the southerly line of said Tract 2, N89°16'58"E,
141	143		1309.43 feet to a 1/2-inch iron pipe found at the southeast corner
142	144		of said Tract 2, same being on the westerly line of Tract 1 of said
143	145		Indian Creek Ranch and an angle point in said easterly line;
144	146		(4) With the westerly line of said Tract 1, S00°29'12"E,
145	147		431.49 feet to a 1/2-inch iron pipe found for an angle point in said
146	148		line;
147	149		(5) S29°40'46"W, 298.05 feet to a 1/2-inch iron pipe for
148	150		angle point in said line;
149	151		(6) S34°36'44"W, 477.34 feet to an iron rod found with cap
150	152		stamped RPLS 4542 at the southwest corner of said Tract 1, same
151	153		being on the northerly line of a tract conveyed to the Hays
152	154		Consolidated Independent School District (deed recital unkown);
153	155		(7) S87°30'03"W, 5.50 feet to an iron rod with cap stamped
154	156		"McMillan" for the northwest corner of said School District Tract;
155	157		(8) S11°36'28"W, 614.17 feet to an iron rod with cap stamped
156	158		"McMillan" for an angle point in said line;
157	159		(9) S10°09'51"W, 395.16 feet to an iron rod with cap stamped
158	160		"McMillan" for an angle point in said line;
159	161		(10) S10°11'50"W, 101.83 feet to an iron rod with cap stamped
160	162		"McMillan" for an angle point in said line;
161	163		(11) S10°09'55"W, 625.50 feet to an iron rod with cap stamped
162	164		"McMillan" for an angle point in said line;
163	165		(12) S12°41'22"W, 447.62 feet to a Nail in a 6-inch fence
164	166		corner post for an angle point in said line;
165	167		(13) S42°49'53"W, 93.56 feet to a 30-inch Live Oak tree for
166	168		an angle point in said line;
167	169		(14) S00°59'19"W, 13.67 feet to an iron rod with cap stamped
168	170		RPLS 4542 at the southwest corner of said School District tract and
169	171		the southeast corner of said 599.25 acre tract and being a point on
170	172		the northerly line of said 73.693 acre Tract 2;
171	173		THENCE, with the northerly line of said 73.693 acre tract,
172	174		N88°39'49"E, passing a 1/2-inch iron rod at 243.73 feet and
173	175		continuing for a total distance of 325.41 feet to a 1/2-inch iron
174	176		rod on the southerly line of said School District tract and being
175	177		the northwest corner of Lot 6, Century Acres, a subdivision of
176	178		record in Volume 6, Page 53 of the Hays County Plat Records;
177	179		THENCE, with said easterly line of said 73.693 acre tract and with
178	180		the westerly line of said Lot 6 and 7 of said Century Acres and the
179	181		easterly line of said Lot 2B and 2C Resubdivision of Lot 2B of the
180	182		Resubdivision of Lot 2 Century Acres of record in Document
181	183		No. 17040812 of the Hays County Official Public Records,
182	184		S13°28'59"E, 1658.91 feet to a 1/2-inch iron pipe found for the
183	185		southeast corner of said 73.693 acre tract, same being the
184	186		southwest corner of said Lot 2B and the common northerly corner of
185	187		Lots 8 and 9 of Meadow Woods Section Two, a subdivision of record in
186	188		Volume 3, Page 188 of said Plat Records, same being the northeast
187	189		corner of said 17.95 acre tract;
188	190		THENCE, with the northerly line of said 17.95 acre tract, same being
189	191		the southerly line of said 599.25 acre tract, S88°38'38"W, passing
190	192		an iron rod with cap stamped "McMillan" at 103.02 feet and
191	193		continuing for a total distance of 1505.09 feet to the POINT OF
192	194		BEGINNING and containing, 422.996 acres of land, more or less.
193	195		SECTION 4. The Anthem Municipal Utility District retains
194	196		all the rights, powers, privileges, authority, duties, and
195	197		functions that it had before the effective date of this Act.
196	198		SECTION 5. (a) The legislature validates and confirms all
197	199		governmental acts, elections, and proceedings of the Anthem
198	200		Municipal Utility District that were taken before the effective
199	201		date of this Act.
200	202		(b) This section does not apply to any matter that on the
201	203		effective date of this Act:
202	204		(1) is involved in litigation if the litigation
203	205		ultimately results in the matter being held invalid by a final court
204	206		judgment; or
205	207		(2) has been held invalid by a final court judgment.
206	208		SECTION 6. (a) The legal notice of the intention to
207	209		introduce this Act, setting forth the general substance of this
208	210		Act, has been published as provided by law, and the notice and a
209	211		copy of this Act have been furnished to all persons, agencies,
210	212		officials, or entities to which they are required to be furnished
211	213		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
212	214		Government Code.
213	215		(b) The governor, one of the required recipients, has
214	216		submitted the notice and Act to the Texas Commission on
215	217		Environmental Quality.
216	218		(c) The Texas Commission on Environmental Quality has filed
217	219		its recommendations relating to this Act with the governor, the
218	220		lieutenant governor, and the speaker of the house of
219	221		representatives within the required time.
220	222		(d) All requirements of the constitution and laws of this
221	223		state and the rules and procedures of the legislature with respect
222	224		to the notice, introduction, and passage of this Act are fulfilled
223	225		and accomplished.
224	226		SECTION 7. This Act takes effect immediately if it receives
225	227		a vote of two-thirds of all the members elected to each house, as
226	228		provided by Section 39, Article III, Texas Constitution. If this
227	229		Act does not receive the vote necessary for immediate effect, this
228	230		Act takes effect September 1, 2021.
229		-	______________________________ ______________________________
230		-	President of the Senate Speaker of the House
231		-	I hereby certify that S.B. No. 1167 passed the Senate on
232		-	May 5, 2021, by the following vote: Yeas 31, Nays 0.
233		-	______________________________
234		-	Secretary of the Senate
235		-	I hereby certify that S.B. No. 1167 passed the House on
236		-	May 26, 2021, by the following vote: Yeas 108, Nays 39, two
237		-	present not voting.
238		-	______________________________
239		-	Chief Clerk of the House
240		-	Approved:
241		-	______________________________
242		-	Date
243		-	______________________________
244		-	Governor