Texas 2021 - 87th Regular

Texas Senate Bill SB1355 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1355
	1	+	By: Taylor S.B. No. 1355
	2	+	(Thompson of Brazoria)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the Brazoria County Municipal Utility
6	8		District No. 83; granting a limited power of eminent domain;
7	9		providing authority to issue bonds; providing authority to impose
8	10		assessments, fees, and taxes.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	13		Code, is amended by adding Chapter 7922A to read as follows:
12	14		CHAPTER 7922A. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 83
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 7922A.0101. DEFINITIONS. In this chapter:
15	17		(1) "Board" means the district's board of directors.
16	18		(2) "Commission" means the Texas Commission on
17	19		Environmental Quality.
18	20		(3) "Director" means a board member.
19	21		(4) "District" means the Brazoria County Municipal
20	22		Utility District No. 83.
21	23		Sec. 7922A.0102. NATURE OF DISTRICT. The district is a
22	24		municipal utility district created under Section 59, Article XVI,
23	25		Texas Constitution.
24	26		Sec. 7922A.0103. CONFIRMATION AND DIRECTOR ELECTION
25	27		REQUIRED. The temporary directors shall hold an election to
26	28		confirm the creation of the district and to elect five permanent
27	29		directors as provided by Section 49.102, Water Code.
28	30		Sec. 7922A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	31		temporary directors may not hold an election under Section
30	32		7922A.0103 until each municipality in whose corporate limits or
31	33		extraterritorial jurisdiction the district is located has
32	34		consented by ordinance or resolution to the creation of the
33	35		district and to the inclusion of land in the district.
34	36		Sec. 7922A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	37		(a) The district is created to serve a public purpose and benefit.
36	38		(b) The district is created to accomplish the purposes of:
37	39		(1) a municipal utility district as provided by
38	40		general law and Section 59, Article XVI, Texas Constitution; and
39	41		(2) Section 52, Article III, Texas Constitution, that
40	42		relate to the construction, acquisition, improvement, operation,
41	43		or maintenance of macadamized, graveled, or paved roads, or
42	44		improvements, including storm drainage, in aid of those roads.
43	45		Sec. 7922A.0106. INITIAL DISTRICT TERRITORY. (a) The
44	46		district is initially composed of the territory described by
45	47		Section 2 of the Act enacting this chapter.
46	48		(b) The boundaries and field notes contained in Section 2 of
47	49		the Act enacting this chapter form a closure. A mistake made in the
48	50		field notes or in copying the field notes in the legislative process
49	51		does not affect the district's:
50	52		(1) organization, existence, or validity;
51	53		(2) right to issue any type of bond for the purposes
52	54		for which the district is created or to pay the principal of and
53	55		interest on a bond;
54	56		(3) right to impose a tax; or
55	57		(4) legality or operation.
56	58		SUBCHAPTER B. BOARD OF DIRECTORS
57	59		Sec. 7922A.0201. GOVERNING BODY; TERMS. (a) The district
58	60		is governed by a board of five elected directors.
59	61		(b) Except as provided by Section 7922A.0202, directors
60	62		serve staggered four-year terms.
61	63		Sec. 7922A.0202. TEMPORARY DIRECTORS. (a) The temporary
62	64		board consists of:
63	65		(1) Todd Casper;
64	66		(2) Johnnie Wright;
65	67		(3) Jeff Perry;
66	68		(4) Matthew Brown; and
67	69		(5) Shelley Stone.
68	70		(b) Temporary directors serve until the earlier of:
69	71		(1) the date permanent directors are elected under
70	72		Section 7922A.0103; or
71	73		(2) the fourth anniversary of the effective date of
72	74		the Act enacting this chapter.
73	75		(c) If permanent directors have not been elected under
74	76		Section 7922A.0103 and the terms of the temporary directors have
75	77		expired, successor temporary directors shall be appointed or
76	78		reappointed as provided by Subsection (d) to serve terms that
77	79		expire on the earlier of:
78	80		(1) the date permanent directors are elected under
79	81		Section 7922A.0103; or
80	82		(2) the fourth anniversary of the date of the
81	83		appointment or reappointment.
82	84		(d) If Subsection (c) applies, the owner or owners of a
83	85		majority of the assessed value of the real property in the district
84	86		may submit a petition to the commission requesting that the
85	87		commission appoint as successor temporary directors the five
86	88		persons named in the petition. The commission shall appoint as
87	89		successor temporary directors the five persons named in the
88	90		petition.
89	91		SUBCHAPTER C. POWERS AND DUTIES
90	92		Sec. 7922A.0301. GENERAL POWERS AND DUTIES. The district
91	93		has the powers and duties necessary to accomplish the purposes for
92	94		which the district is created.
93	95		Sec. 7922A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	96		DUTIES. The district has the powers and duties provided by the
95	97		general law of this state, including Chapters 49 and 54, Water Code,
96	98		applicable to municipal utility districts created under Section 59,
97	99		Article XVI, Texas Constitution.
98	100		Sec. 7922A.0303. AUTHORITY FOR ROAD PROJECTS. Under
99	101		Section 52, Article III, Texas Constitution, the district may
100	102		design, acquire, construct, finance, issue bonds for, improve,
101	103		operate, maintain, and convey to this state, a county, or a
102	104		municipality for operation and maintenance macadamized, graveled,
103	105		or paved roads, or improvements, including storm drainage, in aid
104	106		of those roads.
105	107		Sec. 7922A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	108		road project must meet all applicable construction standards,
107	109		zoning and subdivision requirements, and regulations of each
108	110		municipality in whose corporate limits or extraterritorial
109	111		jurisdiction the road project is located.
110	112		(b) If a road project is not located in the corporate limits
111	113		or extraterritorial jurisdiction of a municipality, the road
112	114		project must meet all applicable construction standards,
113	115		subdivision requirements, and regulations of each county in which
114	116		the road project is located.
115	117		(c) If the state will maintain and operate the road, the
116	118		Texas Transportation Commission must approve the plans and
117	119		specifications of the road project.
118	120		Sec. 7922A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	121		ORDINANCE OR RESOLUTION. The district shall comply with all
120	122		applicable requirements of any ordinance or resolution that is
121	123		adopted under Section 54.016 or 54.0165, Water Code, and that
122	124		consents to the creation of the district or to the inclusion of land
123	125		in the district.
124	126		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	127		Sec. 7922A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
126	128		The district may issue, without an election, bonds and other
127	129		obligations secured by:
128	130		(1) revenue other than ad valorem taxes; or
129	131		(2) contract payments described by Section
130	132		7922A.0403.
131	133		(b) The district must hold an election in the manner
132	134		provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	135		before the district may impose an ad valorem tax or issue bonds
134	136		payable from ad valorem taxes.
135	137		(c) The district may not issue bonds payable from ad valorem
136	138		taxes to finance a road project unless the issuance is approved by a
137	139		vote of a two-thirds majority of the district voters voting at an
138	140		election held for that purpose.
139	141		Sec. 7922A.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	142		authorized at an election held under Section 7922A.0401, the
141	143		district may impose an operation and maintenance tax on taxable
142	144		property in the district in accordance with Section 49.107, Water
143	145		Code.
144	146		(b) The board shall determine the tax rate. The rate may not
145	147		exceed the rate approved at the election.
146	148		Sec. 7922A.0403. CONTRACT TAXES. (a) In accordance with
147	149		Section 49.108, Water Code, the district may impose a tax other than
148	150		an operation and maintenance tax and use the revenue derived from
149	151		the tax to make payments under a contract after the provisions of
150	152		the contract have been approved by a majority of the district voters
151	153		voting at an election held for that purpose.
152	154		(b) A contract approved by the district voters may contain a
153	155		provision stating that the contract may be modified or amended by
154	156		the board without further voter approval.
155	157		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	158		Sec. 7922A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	159		OBLIGATIONS. The district may issue bonds or other obligations
158	160		payable wholly or partly from ad valorem taxes, impact fees,
159	161		revenue, contract payments, grants, or other district money, or any
160	162		combination of those sources, to pay for any authorized district
161	163		purpose.
162	164		Sec. 7922A.0502. TAXES FOR BONDS. At the time the district
163	165		issues bonds payable wholly or partly from ad valorem taxes, the
164	166		board shall provide for the annual imposition of a continuing
165	167		direct ad valorem tax, without limit as to rate or amount, while all
166	168		or part of the bonds are outstanding as required and in the manner
167	169		provided by Sections 54.601 and 54.602, Water Code.
168	170		Sec. 7922A.0503. BONDS FOR ROAD PROJECTS. At the time of
169	171		issuance, the total principal amount of bonds or other obligations
170	172		issued or incurred to finance road projects and payable from ad
171	173		valorem taxes may not exceed one-fourth of the assessed value of the
172	174		real property in the district.
173	175		SECTION 2. The Brazoria County Municipal Utility District
174	176		No. 83 initially includes all the territory contained in the
175	177		following area:
176	178		TRACT 1:
177	179		A 418.318 acre (18,221,949 square feet) tract, being all of
178	180		Lots 5, 6, 7, 8, 13, 14, 15, 16, 21, 22, 23, 24, 29, 30, 31, 32, 33,
179	181		34, 35, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47 and 50 of the
180	182		Allison-Richey Gulf Coast Home Company Suburban Gardens
181	183		Subdivision of Section 73, H.T. & B. Railroad Company Survey,
182	184		Abstract 301, according to the map or plat thereof, recorded in
183	185		Volume 2, Page 91 and 92, of the Plat Records of Brazoria County,
184	186		Texas (B.C.P.R.) and being all of those certain tracts conveyed to
185	187		Westbank Bayou, LP, called 19.919 acres (Lots 5-6), recorded in
186	188		Brazoria County Clerk's File Number (B.C.C.F. No.) 2007021508,
187	189		called 9.929 acres (Lot 8), recorded in B.C.C.F. No. 2007017868 and
188	190		called 9.972 acres (Lot 16), recorded in B.C.C.F. No. 2007018701
189	191		and being all of that certain tract conveyed to Charles L. Sowell
190	192		called 9.988 acres (Lot 7), recorded in Volume 1177, Page 396, deed
191	193		records of Brazoria County, Texas (B.C.D.R.), and being all of
192	194		those certain tracts conveyed to Eastbank Bayou, LP, called 10
193	195		acres (Lot 33), recorded In B.C.C.F. No. 2007022032, called 19.944
194	196		acres (Lots 42-43), recorded in B.C.C.F. No. 2008004369 and called
195	197		10 acres (Lot 47), recorded in B.C.C.F. No. 2008004367 and being
196	198		all of that certain tract conveyed to Four Forty-Three Annex No. 1,
197	199		LTD., called 10.00 acres (Lot 50), recorded in B.C.C.F.
198	200		No. 2006045403 and being a part of that certain tract conveyed to
199	201		Four Forty-Three Ltd. (called 433.09 acres), recorded in Volume
200	202		1048, Page 760, B.C.D.R., with said 18,221,949 square foot tract of
201	203		land being more particularly described by metes and bounds as
202	204		follows:
203	205		COMMENCING at a 1/2 inch iron rod found at the Northeast
204	206		corner of said Section 73 and an interior corner of the H.T. & B.
205	207		Railroad Company Survey, Section 74, Abstract 493, recorded in
206	208		Volume 2, Page 66, B.C.P.R.) and being at the centerline
207	209		intersection of 60 foot Pollard Drive (as occupied) (Platted as 40
208	210		feet - Volume 2, Page 91 and 92, B.C.P.R.) and 60 foot Del Bello
209	211		Boulevard (as occupied)(Platted as 50 feet - Volume 2, Page 66,
210	212		B.C.P.R.), marking the northeast corner of the Michael D. Roland
211	213		and Marcy D. Roland tract (called 5.46 acres), recorded in B.C.C.F.
212	214		No. 2004072423 and 2007030104, the northwest corner of the Michael
213	215		C. Black tract (called 4.00 acres), recorded in B.C.C.F.
214	216		No. 96-015514 and the Northeast corner of said Section 73;
215	217		THENCE S 86°50'29" W, along and with the common line of
216	218		Section 73 and 74 and centerline of said 40 foot platted road, at
217	219		658.00 feet pass a point marking the southwest corner of lot 1 of
218	220		said Section 74 and the southeast corner of the Mary V O'Donnell
219	221		Survey, Division "O", Abstract 469, recorded in Volume 2, Page 91
220	222		and 92, B.C.P.R., from which a 5/8 inch iron rod bears, 5 38°48'33"
221	223		W, 3.08 feet, continuing along and with the common line of Section
222	224		73 and Division "O" and centerline of said 40 foot platted road, a
223	225		total distance of 1974.26 feet (called 1980.00 feet) to a 5/8 inch
224	226		iron rod with cap stamped "FMS" set in the north line of Section 73,
225	227		the north line of a 60 foot American Canal Company Easement,
226	228		recorded in Volume 638, Page 127, B.C.D.R., the south line of said
227	229		Division "O", Abstract 469, the south line of the Sylvia Buffy
228	230		Orndorff and Dustin Aaron Different tract (called 13.93 acres),
229	231		recorded in B.C.C.F. No. 2015054435, and the centerline of said 40'
230	232		platted road, marking the northwest corner of the Katherine Ott
231	233		Miles tract (called 5 acres), recorded in Volume 1459, Page 1,
232	234		B.C.D.R., the northeast corner of said Eastbank Bayou, LP tract
233	235		(Lot 33), and being the common corner of Lot 33 and 41 of said
234	236		Section 73 at the most northerly Northwest corner and POINT OF
235	237		BEGINNING of herein described tract:
236	238		THENCE S 03°24'40" E, along and with the common line of said
237	239		Lot 33 and 41, a distance of 660.58 feet (called 660.00 feet) to a
238	240		1/2 inch iron rod with cap stamped "Adams RPLS 3666" found, marking
239	241		the southeast corner of said Eastbank Bayou, LP tract (Lot 33), the
240	242		southwest corner of said Miles tract, the northwest corner of said
241	243		Eastbank Bayou, LP tract (called 19.944 acres), an interior corner
242	244		of herein described tract and being the common corner of Lots 33,
243	245		41, 42 and 34 of said Section 73;
244	246		THENCE N 86°49'54" E, along and with the common line of Lots
245	247		41, 42, 49 and 50 of said Section 73, a distance of 1314.38 feet
246	248		(called 1320.00 feet) to a 5/8 inch iron rod with cap stamped "FMS"
247	249		set, marking the southeast corner of the Jane Hetherington Brown
248	250		and Norman Paul Brown tract (called 5 acres), recorded in B.C.C.F.
249	251		No. 2014042893, the southwest corner of the Suzanne Renae Scopel
250	252		tract (called 5 acres), recorded In B.C.C.F. No. 2005013089, the
251	253		northwest corner of the Jeffery Wayne Scopel tract (called 1.157
252	254		acres), recorded in B.C.C.F. No. 2005013109, the northeast corner
253	255		of said Four Forty-Three Annex No. 1, LTD. Tract (called 10.00
254	256		acres) and the most easterly northeast corner of herein described
255	257		tract and being the common corner of Lots 49, 55, 56 and 50 of said
256	258		Section 73;
257	259		THENCE S 03°25'11" E, along and with the common line of Lots 50
258	260		and 56 and east line of said Four Forty-Three Annex No. 1, LTD.
259	261		tract, a distance of 660.67 feet (called 660.00 feet) to a 5/8 inch
260	262		iron rod with cap stamped "FMS" set, marking the southwest corner of
261	263		the Douglas Varner Tract (called 1.157 acres), recorded in Volume
262	264		(91) 906, Page 253, of the official records of Brazoria County,
263	265		Texas (B.C.O.R.), the northwest corner of the Laura Loterbauer
264	266		tract (called Minor Plat of 2.50 acres), recorded in B.C.C.F.
265	267		No. 2018006317, the northeast corner of the Louis Lira tract
266	268		(called 20 acres), recorded in Volume 1694, Page 653, B.C.D.R. and
267	269		an angle point for corner of herein described tract and being the
268	270		common corner of Lots 50, 56, 57 and 51 of said Section 73;
269	271		THENCE S 86°50'32" W, along and with the common line of Lots 50
270	272		and 51, same being the common line of said Four Forty-Three Annex
271	273		No. 1, LTD. Tract and said Lira tract, a distance of 657.24 feet
272	274		(called 660.00 feet), to a 5/8 inch iron rod with cap stamped "FMS"
273	275		set, in the east line of said Eastbank Bayou, LP tract (called
274	276		19.944 acres), marking the southwest corner of said Four
275	277		Forty-Three Annex No. 1, LTD. tract, the northwest corner of said
276	278		Lira tract, an interior corner of herein described tract and being
277	279		the common corner of Lots 50, 5l, 43 and 42 of said Section 73;
278	280		THENCE S 03°24'55" E, along and with the common line of Lots
279	281		43, 51, 44, 52, 45, 46 and 61 at 1320.21 feet (called 1320.00 feet)
280	282		pass a point in the centerline of a 40 foot platted road, recorded
281	283		in Volume 2, page 91 and 92, B.C.P.R. marking the northwest corner
282	284		of the Coastal Bend Land Investments, LP tract (called 40.0060
283	285		acres)(called Lot 61), recorded in B.C.C.F. No. 2006049617 and
284	286		being the common corner of Lots 44, 52, 61 and 45, continuing for a
285	287		total distance of 3299.48 feet (called 3300.00 feet) to a 5/8 inch
286	288		iron rod with cap stamped "FMS" set, marking the southwest corner of
287	289		the Jose T. Villanueva and Trinidad Villanueva tract (called 5
288	290		acres), recorded in B.C.C.F. No. 2004036528, the northwest corner
289	291		of the Roger Hernandez Gandarillas and Shella M. Rosario Crespo
290	292		tract (called 1.000 acre), recorded In B.C.C.F. No. 2015020827, the
291	293		northeast corner of said Aspect Energy, LLC tract (called 10
292	294		acres), the southeast corner of the said Eastbank Bayou, LP tract
293	295		(called 10 acres)(Lot 47), the most easterly southeast corner of
294	296		herein described tract and being the common corner of Lots 53, 54,
295	297		48 and 47 of said Section 73;
296	298		THENCE S 86°49'54" W, along and with the common line of Lots 48
297	299		and 47, same being the common line of said Eastbank Bayou, LP tract
298	300		(Lot 47) and said Aspect Energy, LLC tract, a distance of 657.49
299	301		feet (called 660.00 feet) to a 1/2 inch iron rod with cap stamped
300	302		"Adams RPLS 3666" found in the east line of the of said 443.09 acre
301	303		tract, marking the southwest corner of said Eastbank Bayou, LP
302	304		tract and the northwest corner of said Aspect Energy, LLC tract, and
303	305		interior corner of herein described tract and being the common
304	306		corner of Lots 48, 40, 39 and 47 of said Section 73;
305	307		THENCE S 03°24'40" E, along and with the common line of Lots 48
306	308		and 40, same being the common line of said Aspect Energy, LLC tract
307	309		and said 443.09 acre tract, a distance of 660.05 feet (called 660.00
308	310		feet) to a 5/8 inch iron rod with cap stamped "FMS" set in the
309	311		centerline of a 40 foot platted road, recorded in Volume 2, Page 91
310	312		and 92, B.C.P.R., in the called south line of Section 73 and the
311	313		north line of the H.T. & B. Railroad Company Survey, Section 64,
312	314		Abstract 483 and the north line of the Dr. A.A. Luther Subdivision
313	315		of Manvel, recorded in Volume 1, Page 71 and 72 and Volume 3, Page
314	316		139 and 140, B.C.P.R. and the north line of Outlot 181 of said
315	317		Dr. A.A. Luther Subdivision, marking the northwest corner of the
316	318		Coastal Bend Land Investments, LP tract (remainder of a called
317	319		167.073 acre tract), recorded in B.C.C.F. No. 2004058628, the
318	320		southwest corner of said Aspect Energy, LLC tract, an angle point in
319	321		the east line of said 443.09 acre tract and an angle point for
320	322		corner of herein described tract and being the common corner of Lots
321	323		48 and 40 of said Section 73, from which a 5/8 inch iron rod with cap
322	324		stamped "Base Line" found marking the southeast corner of said
323	325		Section 73 bears, S 86°50'11" W, 1975.03 feet;
324	326		THENCE S 86°50'11" W, continuing along and with the common
325	327		line of said Section 73, Section 64 and the Dr. A.A. Luther
326	328		Subdivision, same being the common line of said Outlot 181 and Lot
327	329		40, and centerline of said 40 foot platted road, a distance of
328	330		147.66 feet to a 5/8 inch iron rod with cap stamped "FMS" set in said
329	331		common line, marking the northeast corner of the Four Forty-Three,
330	332		LTD. Tract (called 24.00 acres)(Outlot 195), recorded in Volume
331	333		1048, Page 760, B.C.D.R. and an interior corner of herein described
332	334		tract and being the westerly line of a 40 foot platted road,
333	335		recorded in Volume 1, Page 71 and 72 and Volume 3, Page 139 and 140,
334	336		B.C.P.R.;
335	337		THENCE S 19°30'25" W, along and with the easterly line of said
336	338		Outlot 195 and the westerly line of said 40 foot platted road, at
337	339		909.98 feet pass a 1/2 inch iron rod found, marking the
338	340		southeasterly corner of said Outlot 195 and the northeasterly
339	341		corner of the Four Forty-Three, LTD. Tract (called 20.00
340	342		acres)(North 1/2 of Outlot 180), continuing for a total distance of
341	343		1569.69 feet to a 1 inch iron pipe found, marking the southeasterly
342	344		corner of said 20.00 acre tract, the northeasterly corner of the
343	345		Beazer Homes Texas, LP tract (called 19.99 acres)(South 1/2 Outlot
344	346		180), recorded in B.C.C.F. No. 2016050422 and an angle point in the
345	347		westerly line of the Beazer Homes Texas, LP tract (called 5.40
346	348		acres), recorded in B.C.C.F. No. 2016050422 and the most easterly
347	349		southeast corner of herein described tract;
348	350		THENCE N 70°27'42" W, along and with the common line of said
349	351		North1/2 of Outlot 180 and the South 1/2 of Outlot 180, a distance
350	352		of 1319.95 feet (called 1320.00 feet) to a 1/2 inch iron rod with
351	353		cap stamped "Adams RPLS 3666" found in the easterly line of the Four
352	354		Forty-Three, LTD. Tract (called 46.35 acres)(Outlot 175), marking
353	355		the common corner of the South1/2 and North 1/2 of Outlet 180 and an
354	356		interior corner of herein described tract;
355	357		THENCE S 19°29'54" W, along and with the common line of said
356	358		46.35 acre tract and said 19.99 acre tract, same being the common
357	359		line of Outlot 180 and 175, a distance of 660.47 feet to a 1/2 inch
358	360		iron rod with cap stamped "LIA Eng" found in the north line of a 40
359	361		foot platted road, recorded in Volume 1, Page 71 and 72 and Volume
360	362		3, Page 139 and 140, B.C.P.R., marking the most westerly northwest
361	363		corner of said 5.40 acre tract, the southeasterly corner of said
362	364		46.35 acre tract and the southwesterly corner of said 19.99 acre
363	365		tract and an interior corner of herein described tract;
364	366		THENCE N 70°26'20" W, along and with the south line of 46.35
365	367		acre tract and the north line of said 40 foot platted road, a
366	368		distance of 1321.08 feet to a 1/2 inch iron rod with cap stamped
367	369		"Adams RPLS 3666" found in the easterly line of the Four
368	370		Forty-Three, LTD. Tract (called 27.7947 acres)(Outlot 174) and the
369	371		westerly line of said 40 foot platted road, marking the
370	372		southwesterly corner of said 46.35 acre tract and an interior
371	373		corner of herein described tract;
372	374		THENCE S 19°28'54" W, along and with the common line of said
373	375		27.7947 acre tract and westerly line of said 40 foot platted road, a
374	376		distance of 1390.63 feet to a TxDot Brass Disk found in the
375	377		northwesterly right-of-way (r.o.w.) line of State Highway No. 6
376	378		(a.k.a. Morris Avenue)(200' R.O.W.), recorded in B.C.C.F.
377	379		No. 2013053500, marking the southeasterly corner of said 27.7947
378	380		acre tract and the most southerly southeast corner of herein
379	381		described tract;
380	382		THENCE N 70°30'10" W, along the northwesterly r.o.w. line of
381	383		said State Highway No. 6, a distance of 33.83 feet to a TxDot Brass
382	384		Disk found, marking the southeasterly corner of the Russell T. Rudy
383	385		and Randall D. Rudy tract (called 18 acres), recorded in Volume
384	386		1408, Page 806, B.C.D.R., the southwesterly corner of said 27.7947
385	387		acre tract and the most southerly southwest corner of herein
386	388		described tract, from which a TxDot Brass Disk found, at the
387	389		intersection of easterly r.o.w. line of County Road 82 (a.k.a. Iowa
388	390		Lane)(60' R.O.W. as occupied), recorded in B.C.C.F. No. 2006021816
389	391		and the northwesterly r.o.w. line of said State Highway No. 6,
390	392		marking the southwesterly corner of a 0.217 acre tract, recorded in
391	393		B.C.C.F. No. 2013053500 bears, N 70°30'10" W, 365.23 feet;
392	394		THENCE N 03°19'19" W, along and with the common line of said
393	395		27.7947 acre tract and said 18 acre tract, a distance of 2310.10
394	396		feet to a 1/2 inch iron rod with cap stamped "Adams RPLS 3666"
395	397		found, marking the northwest corner of said 27.7947 acre tract and
396	398		an angle point for corner of herein described tract, from which a
397	399		3/4 inch pinched top pipe bears, N 09°17' W, 1.1 feet and from which
398	400		an iron rod with cap stamped "Kalkomey" found in the easterly r.o.w.
399	401		line of said County Road 82, marking the northwest corner of said 18
400	402		acre tract, bears S 87°00'54" W, 328.14 feet and a 5/8 inch iron rod
401	403		found in the easterly r.o.w. line of said County Rood 82, marking
402	404		the southwest corner of a called 41.4819 acre tract, recorded in
403	405		B.C.C.F. No. 2003061748 bears, N 02°13'14" W, 38.07 feet;
404	406		THENCE N 86°57'38" E, along and with the north line of said 18
405	407		acre tract, a distance of 729.52 feet to a 5/8 inch iron rod with cap
406	408		stamped "FMS" set, at the southwest corner of Section 73 and being
407	409		in the centerline intersection of two 40 foot platted roads and
408	410		being the common corner of said Section 73 and the H.T. & B.
409	411		Railroad Company Survey, Section 72, Abstract 460, marking the
410	412		southeast corner of the Brazos River Authority tract (called 6.676
411	413		acres)(cause no. S4,761A), recorded in Volume 33, Page 154,
412	414		district clerk records of Brazoria County, Texas (B.C.D.C.R.), the
413	415		southwest corner of the Brazoria County MUD No. 43 Drainage
414	416		Easement (called 1.675 acres, recorded in B.C.C.F. No. 2016026159,
415	417		the southwest corner of said 9.929 acre tract and an interior corner
416	418		of herein described tract;
417	419		THENCE N 03°28'57" W, along and with the common line of said
418	420		Section 73 and Section 72 and centerline of said 40 foot platted
419	421		road, at 40.00 feet pass a point marking the southwest corner of a
420	422		0.34 acre tract (Parcel 1) out of said called 41.4819 acre tract,
421	423		continuing for a total distance of 2640.38 feet (called 2640.00
422	424		feet) to a 1 inch iron pipe found, marking the northwest corner of a
423	425		0.25 acre tract (Parcel 2), the northwest corner of said 19.919 acre
424	426		tract, the northwest corner of a 3.430 acre drainage easement,
425	427		recorded in B.C.C.F. No. 2016026156, the northeast corner of said
426	428		Brazos River Authority tract (called 6.676 acres), the southeast
427	429		corner of the Brazos River Authority Parcel "D" tract (called 3.18
428	430		acres), recorded in Volume 1070, Page 315, B.C.D.R., the southwest
429	431		corner of the Brazos River Authority Parcel "B" tract (called 0.61
430	432		acres), recorded in Volume 1070, Page 318, B.C.D.R., the southwest
431	433		corner of the Brazoria County Municipal Utility District (M.U.D.)
432	434		No. 43 Drainage Easement tract (called 1.739 acres), recorded in
433	435		B.C.C.F. No. 2016011559 and the common corner of Lots 4 and 5,
434	436		Section 73, from which a 1/2 inch iron rod found in the east r.o.w.
435	437		line of County Road 82 (a.k.a. Iowa Lane)(60' R.O.W. as occupied),
436	438		recorded in B.C.C.F. No. 2006021816, marking the southwest corner
437	439		of the Joan Bann eyer tract (called 1.367 acres), recorded in
438	440		B.C.C.F. No. 2005003981 and the northwest corner of the Sonmar of
439	441		Scottsdale, LLC tract (called 53.948 acres), bears S 86°37'46" W,
440	442		900.42 feet;
441	443		THENCE N 86°51'03" E, along and with the common line of herein
442	444		described tract and said lot 4 and the centerline of a 40 foot
443	445		platted road, at 657.75 feet (called 660.00 feet) pass a 3/4 inch
444	446		iron pipe found, marking the northeast corner of said 19.919 acre
445	447		tract and the southwest corner of the 102929 Brazoria Inc. tract
446	448		(called 34.90 acres), recorded in B.C.C.F. No. 2005033429 and being
447	449		the common corner of Lots 4, 12, 13 and 5, and at 1973.99 feet
448	450		(called 1980.00 feet) pass a 1/4 inch iron pipe found, marking the
449	451		southeast corner of said 34.90 acre tract and being the common
450	452		corner of Lots 20, 28, 29 and 21, continuing for a total distance of
451	453		2632.44 feet (called 2640.00 feet) to a 5/8 inch iron rod with cap
452	454		stamped "FMS" found in the west line of a 60 foot American Canal
453	455		Company Easement, recorded in Volume 638, Page 127, B.C.D.R.,
454	456		marking an interior corner of said remainder of a 433.09 acre tract
455	457		and an interior corner of herein described tract and being the
456	458		common corner of Lots 28, 36, 37 and 29 of said Section 73;
457	459		THENCE N 03°27'06" W, along and with the common line of Lots
458	460		28, 36, 27, 35, 26, 34, 25 and 33 and the west line of said 60 foot
459	461		American Canal Company Easement, a distance of 2641.03 feet (called
460	462		2640.00 feet) to a 5/8 inch iron rod with cap stamped "FMS" found in
461	463		the north line of Section 73, the north line of a said 60 foot
462	464		American Canal Company Easement, the south line of the Mary V
463	465		O'Donnell Survey, Division "O", Abstract 469, recorded in Volume 2,
464	466		Page 91 and 92, B.C.P.R. the south line of the John and Edith
465	467		Lebourgeois tract (called 6.978 acres), recorded in B.C.C.F.
466	468		No. 98-053061, the north line of the Eastbank Bayou, LP tract
467	469		(called 19.950 acres), recorded in B.C.C.F. No. 2007022032 and the
468	470		centerline of said 40 foot platted road, marking the most northerly
469	471		northwest corner of herein described tract and being the common
470	472		corner of Lot 25 and 33 of said Section 73, from which a 1/2 inch
471	473		iron rod found bears, S 82°35" E, 14.3 feet;
472	474		THENCE N 86°50'29" E, along and with the common line of
473	475		Section 73, Division "O", the centerline of said 40 foot platted
474	476		road and the north line of said 60 foot American Canal Company
475	477		Easement, a distance of 659.60' (called 660.00 feet) to the POINT OF
476	478		BEGINNING and containing a calculated area of 418.318 acres of
477	479		land.
478	480		TRACT 2:
479	481		A 19.551 acre tract, being all of lots 6 and 12 of the
480	482		Mary V. O'Donnell Survey, Division "O", Abstract 469, according to
481	483		the map or plat thereof, recorded in Volume 2, Page 91 and 92, of the
482	484		plat records of Brazoria County, Texas, and being a part of that
483	485		certain tract recorded in Volume 1048, Page 760, B.C.D.R.
484	486		TRACT 1 and TRACT 2, together, equal a total area of 437.869
485	487		acres.
486	488		SECTION 3. (a) The legal notice of the intention to
487	489		introduce this Act, setting forth the general substance of this
488	490		Act, has been published as provided by law, and the notice and a
489	491		copy of this Act have been furnished to all persons, agencies,
490	492		officials, or entities to which they are required to be furnished
491	493		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
492	494		Government Code.
493	495		(b) The governor, one of the required recipients, has
494	496		submitted the notice and Act to the Texas Commission on
495	497		Environmental Quality.
496	498		(c) The Texas Commission on Environmental Quality has filed
497	499		its recommendations relating to this Act with the governor, the
498	500		lieutenant governor, and the speaker of the house of
499	501		representatives within the required time.
500	502		(d) All requirements of the constitution and laws of this
501	503		state and the rules and procedures of the legislature with respect
502	504		to the notice, introduction, and passage of this Act are fulfilled
503	505		and accomplished.
504	506		SECTION 4. (a) If this Act does not receive a two-thirds
505	507		vote of all the members elected to each house, Subchapter C, Chapter
506	508		7922A, Special District Local Laws Code, as added by Section 1 of
507	509		this Act, is amended by adding Section 7922A.0306 to read as
508	510		follows:
509	511		Sec. 7922A.0306. NO EMINENT DOMAIN POWER. The district may
510	512		not exercise the power of eminent domain.
511	513		(b) This section is not intended to be an expression of a
512	514		legislative interpretation of the requirements of Section 17(c),
513	515		Article I, Texas Constitution.
514	516		SECTION 5. This Act takes effect immediately if it receives
515	517		a vote of two-thirds of all the members elected to each house, as
516	518		provided by Section 39, Article III, Texas Constitution. If this
517	519		Act does not receive the vote necessary for immediate effect, this
518	520		Act takes effect September 1, 2021.
519		-	______________________________ ______________________________
520		-	President of the Senate Speaker of the House
521		-	I hereby certify that S.B. No. 1355 passed the Senate on
522		-	April 19, 2021, by the following vote: Yeas 31, Nays 0.
523		-	______________________________
524		-	Secretary of the Senate
525		-	I hereby certify that S.B. No. 1355 passed the House on
526		-	May 8, 2021, by the following vote: Yeas 109, Nays 30, two present
527		-	not voting.
528		-	______________________________
529		-	Chief Clerk of the House
530		-	Approved:
531		-	______________________________
532		-	Date
533		-	______________________________
534		-	Governor