Texas 2021 - 87th Regular

Texas Senate Bill SB2147 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2147
	1	+	By: Taylor S.B. No. 2147
	2	+	(Vasut)
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. 82; 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 8153 to read as follows:
12	14		CHAPTER 8153. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 82
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 8153.0101. 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. 82.
21	23		Sec. 8153.0102. 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. 8153.0103. 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. 8153.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	31		temporary directors may not hold an election under Section
30	32		8153.0103 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. 8153.0105. 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. 8153.0106. 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. 8153.0201. GOVERNING BODY; TERMS. (a) The district is
58	60		governed by a board of five elected directors.
59	61		(b) Except as provided by Section 8153.0202, directors
60	62		serve staggered four-year terms.
61	63		Sec. 8153.0202. TEMPORARY DIRECTORS. (a) On or after the
62	64		effective date of the Act enacting this chapter, the owner or owners
63	65		of a majority of the assessed value of the real property in the
64	66		district may submit a petition to the commission requesting that
65	67		the commission appoint as temporary directors the five persons
66	68		named in the petition. The commission shall appoint as temporary
67	69		directors the five persons named in the petition.
68	70		(b) Temporary directors serve until the earlier of:
69	71		(1) the date permanent directors are elected under
70	72		Section 8153.0103; 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 8153.0103 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 8153.0103; 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. 8153.0301. 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. 8153.0302. 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. 8153.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	101		52, Article III, Texas Constitution, the district may design,
100	102		acquire, construct, finance, issue bonds for, improve, operate,
101	103		maintain, and convey to this state, a county, or a municipality for
102	104		operation and maintenance macadamized, graveled, or paved roads, or
103	105		improvements, including storm drainage, in aid of those roads.
104	106		Sec. 8153.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	107		road project must meet all applicable construction standards,
106	108		zoning and subdivision requirements, and regulations of each
107	109		municipality in whose corporate limits or extraterritorial
108	110		jurisdiction the road project is located.
109	111		(b) If a road project is not located in the corporate limits
110	112		or extraterritorial jurisdiction of a municipality, the road
111	113		project must meet all applicable construction standards,
112	114		subdivision requirements, and regulations of each county in which
113	115		the road project is located.
114	116		(c) If the state will maintain and operate the road, the
115	117		Texas Transportation Commission must approve the plans and
116	118		specifications of the road project.
117	119		Sec. 8153.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	120		ORDINANCE OR RESOLUTION. The district shall comply with all
119	121		applicable requirements of any ordinance or resolution that is
120	122		adopted under Section 54.016 or 54.0165, Water Code, and that
121	123		consents to the creation of the district or to the inclusion of land
122	124		in the district.
123	125		Sec. 8153.0306. DIVISION OF DISTRICT. (a) The district may
124	126		be divided into two or more new districts only if the district:
125	127		(1) has no outstanding bonded debt; and
126	128		(2) is not imposing ad valorem taxes.
127	129		(b) This chapter applies to any new district created by the
128	130		division of the district, and a new district has all the powers and
129	131		duties of the district.
130	132		(c) A new district created by the division of the district
131	133		may not, at the time the new district is created, contain any land
132	134		outside the area described by Section 2 of the Act enacting this
133	135		chapter.
134	136		(d) The board, on its own motion or on receipt of a petition
135	137		signed by the owner or owners of a majority of the assessed value of
136	138		the real property in the district, may adopt an order dividing the
137	139		district.
138	140		(e) The board may adopt an order dividing the district
139	141		before or after the date the board holds an election under Section
140	142		8153.0103 to confirm the district's creation.
141	143		(f) An order dividing the district shall:
142	144		(1) name each new district;
143	145		(2) include the metes and bounds description of the
144	146		territory of each new district;
145	147		(3) appoint temporary directors for each new district;
146	148		and
147	149		(4) provide for the division of assets and liabilities
148	150		between the new districts.
149	151		(g) On or before the 30th day after the date of adoption of
150	152		an order dividing the district, the district shall file the order
151	153		with the commission and record the order in the real property
152	154		records of each county in which the district is located.
153	155		(h) Any new district created by the division of the district
154	156		shall hold a confirmation and directors' election as required by
155	157		Section 8153.0103.
156	158		(i) If the creation of the new district is confirmed, the
157	159		new district shall provide the election date and results to the
158	160		commission.
159	161		(j) Any new district created by the division of the district
160	162		must hold an election as required by this chapter to obtain voter
161	163		approval before the district may impose a maintenance tax or issue
162	164		bonds payable wholly or partly from ad valorem taxes.
163	165		(k) Municipal consent to the creation of the district and to
164	166		the inclusion of land in the district granted under Section
165	167		8153.0104 acts as municipal consent to the creation of any new
166	168		district created by the division of the district and to the
167	169		inclusion of land in the new district.
168	170		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
169	171		Sec. 8153.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
170	172		The district may issue, without an election, bonds and other
171	173		obligations secured by:
172	174		(1) revenue other than ad valorem taxes; or
173	175		(2) contract payments described by Section 8153.0403.
174	176		(b) The district must hold an election in the manner
175	177		provided by Chapters 49 and 54, Water Code, to obtain voter approval
176	178		before the district may impose an ad valorem tax or issue bonds
177	179		payable from ad valorem taxes.
178	180		(c) The district may not issue bonds payable from ad valorem
179	181		taxes to finance a road project unless the issuance is approved by a
180	182		vote of a two-thirds majority of the district voters voting at an
181	183		election held for that purpose.
182	184		Sec. 8153.0402. OPERATION AND MAINTENANCE TAX. (a) If
183	185		authorized at an election held under Section 8153.0401, the
184	186		district may impose an operation and maintenance tax on taxable
185	187		property in the district in accordance with Section 49.107, Water
186	188		Code.
187	189		(b) The board shall determine the tax rate. The rate may not
188	190		exceed the rate approved at the election.
189	191		Sec. 8153.0403. CONTRACT TAXES. (a) In accordance with
190	192		Section 49.108, Water Code, the district may impose a tax other than
191	193		an operation and maintenance tax and use the revenue derived from
192	194		the tax to make payments under a contract after the provisions of
193	195		the contract have been approved by a majority of the district voters
194	196		voting at an election held for that purpose.
195	197		(b) A contract approved by the district voters may contain a
196	198		provision stating that the contract may be modified or amended by
197	199		the board without further voter approval.
198	200		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
199	201		Sec. 8153.0501. AUTHORITY TO ISSUE BONDS AND OTHER
200	202		OBLIGATIONS. The district may issue bonds or other obligations
201	203		payable wholly or partly from ad valorem taxes, impact fees,
202	204		revenue, contract payments, grants, or other district money, or any
203	205		combination of those sources, to pay for any authorized district
204	206		purpose.
205	207		Sec. 8153.0502. TAXES FOR BONDS. At the time the district
206	208		issues bonds payable wholly or partly from ad valorem taxes, the
207	209		board shall provide for the annual imposition of a continuing
208	210		direct ad valorem tax, without limit as to rate or amount, while all
209	211		or part of the bonds are outstanding as required and in the manner
210	212		provided by Sections 54.601 and 54.602, Water Code.
211	213		Sec. 8153.0503. BONDS FOR ROAD PROJECTS. At the time of
212	214		issuance, the total principal amount of bonds or other obligations
213	215		issued or incurred to finance road projects and payable from ad
214	216		valorem taxes may not exceed one-fourth of the assessed value of the
215	217		real property in the district.
216	218		SECTION 2. The Brazoria County Municipal Utility District
217	219		No. 82 initially includes all the territory contained in the
218	220		following area:
219	221		Beginning at a concrete monument found in the easterly
220	222		right-of-way line of F. M. Highway 521 (100-feet wide) for the
221	223		northwest corner of said called 541.131 acre tract, same being the
222	224		southwest corner of an adjoining called 2.97 acre tract recorded
223	225		under County Clerk's File Number 01-008056, Office of the County
224	226		Clerk, Brazoria County, Texas, for the northwest corner and Place
225	227		of Beginning of the herein described tract;
226	228		Thence North 87 degrees 05 minutes 19 seconds East along the
227	229		north line of the herein described tract and said called 541.131
228	230		acre tract, same being the south line of said adjoining called 2.97
229	231		acre tract, and the south line of an adjoining called 96.50 acre
230	232		tract recorded under County Clerk's File Number 00-016352, Office
231	233		of the County Clerk, Brazoria County, Texas, 2,947.41 feet to a
232	234		concrete monument found for angle point, said point being the
233	235		southeast corner of said adjoining called 96.50 acre tract, same
234	236		being the southwest corner of the adjoining residue of a called
235	237		36.97 acre tract recorded under County Clerk's File Number
236	238		94-019052, Office of the County Clerk, Brazoria County, Texas;
237	239		Thence North 86 degrees 57 minutes 34 seconds East along the
238	240		north line of the herein described tract and said called 541.131
239	241		acre tract, same being the south line of said adjoining called 36.97
240	242		acre tract, 861.64 feet to the northwest corner of an adjoining
241	243		called 43.308 acre tract recorded under County Clerk's File Number
242	244		2017048421, Office of the County Clerk, Brazoria County, Texas, and
243	245		described under County Clerk's File Number 2002063838, Office of
244	246		the County Clerk, Brazoria County, Texas, for the upper northeast
245	247		corner of the herein described tract;
246	248		Thence South 03 degrees 24 minutes 10 seconds East along the
247	249		common line of the herein described tract and said adjoining called
248	250		43.308 acre tract, 1,622.24 feet to the southwest corner of said
249	251		adjoining called 43.308 acre tract, said point being in the north
250	252		line of the aforementioned residue of a called 60 acre tract;
251	253		Thence North 86 degrees 26 minutes 35 seconds East continuing
252	254		along said common line, 825.98 feet to a point in the west
253	255		right-of-way line of State Highway 288 for the middle northeast
254	256		corner of the herein described tract, same being the southeast
255	257		corner of said adjoining called 43.308 acre tract;
256	258		Thence South 08 degrees 10 minutes 09 seconds East along the
257	259		west right-of-way line of State Highway 288, 1,184.70 feet to the
258	260		beginning of a curve to the right;
259	261		Thence with said curve to the right, continuing along the
260	262		west right-of-way line of State Highway 288, having a central angle
261	263		of 01 degree 53 minutes 42 seconds, an arc length of 372.03 feet, a
262	264		radius of 11,249.16 feet, and a chord bearing South 07 degrees 13
263	265		minutes 18 seconds East, 372.02 feet to the northeast corner of an
264	266		adjoining called 4.9560 acre tract (Tract One) recorded under
265	267		County Clerk's File Number 96-0362520, Office of the County Clerk,
266	268		Brazoria County, Texas;
267	269		Thence South 86 degrees 48 minutes 29 seconds West along the
268	270		common line of the herein described tract and said adjoining called
269	271		4.9560 acre tract, 271.50 feet to the northwest corner of said
270	272		adjoining called 4.9560 acre tract for a reentry corner to the
271	273		herein described tract;
272	274		Thence South 02 degrees 12 minutes 28 seconds East continuing
273	275		along said common line, 734.87 feet to the southwest corner of said
274	276		adjoining called 4.9560 acre tract for a reentry corner to the
275	277		herein described tract;
276	278		Thence North 87 degrees 09 minutes 47 seconds East continuing
277	279		along said common line, 299.63 feet to the southeast corner of said
278	280		adjoining called 4.9560 acre tract for the lower northeast corner
279	281		of the herein described tract, said point being in the west
280	282		right-of-way line of State Highway 288, and being in a non-tangent
281	283		curve to the right;
282	284		Thence with said non-tangent curve to the right, along the
283	285		west right-of-way line of State Highway 288, having a central angle
284	286		of 02 degrees 16 minutes 29 seconds, an arc length of 446.63 feet, a
285	287		radius of 11,249.16 feet, and a chord bearing South 01 degree 23
286	288		minutes 01 second East, 446.60 feet to the end of said curve;
287	289		Thence South 00 degrees 14 minutes 46 seconds East continuing
288	290		along the west right-of-way line of State Highway 288, 1,890.37
289	291		feet to the northeast corner of an adjoining called 15 acre tract
290	292		recorded under County Clerk's File Number 02-067061, Office of the
291	293		County Clerk, Brazoria County, Texas, for the upper southeast
292	294		corner of the herein described tract, being the upper southeast
293	295		corner of the aforementioned called 170.00 acre tract;
294	296		Thence South 87 degrees 02 minutes 34 seconds West along the
295	297		upper south line of the herein described tract, same being the north
296	298		line of said adjoining called 15 acre tract, 354.62 feet to the
297	299		northwest corner of said adjoining called 15 acre tract, same being
298	300		the northeast corner of an adjoining called 91.87 acre tract (Tract
299	301		Three) recorded under County Clerk's File Number 2015014625, Office
300	302		of the County Clerk, Brazoria County, Texas, and described in
301	303		Volume 362, Page 470, Deed Records, Brazoria County, Texas, for an
302	304		angle point, said point being in the centerline of the Angleton
303	305		Protection Levee;
304	306		Thence South 86 degrees 59 minutes 15 seconds West along the
305	307		north line of said adjoining called 91.87 acre tract, 2,103.32 feet
306	308		to the northwest corner of said adjoining called 91.87 acre tract,
307	309		for a reentry corner to the herein described tract, said point being
308	310		in the west line of said J. W. Cloud Survey, Abstract 169, same
309	311		being the east line of said George Robinson League, Abstract 126;
310	312		Thence South 02 degrees 44 minutes 56 seconds East along the
311	313		east line of said George Robinson League, Abstract 126, same being
312	314		the west line of said J. W. Cloud Survey, Abstract 169, and the west
313	315		line of said adjoining called 91.87 acre tract, 803.82 feet to an
314	316		angle point, being the lower southeast corner of said called 170.00
315	317		acre tract, same being the northeast corner of the aforementioned
316	318		residue of a called 134 acre tract;
317	319		Thence South 02 degrees 50 minutes 23 seconds East continuing
318	320		along said line, 655.23 feet to a point for the lower southeast
319	321		corner of the herein described tract and said residue of a called
320	322		134 acre tract, same being the northeast corner of an adjoining
321	323		called 116.155 acre tract recorded under County Clerk's File Number
322	324		2018029439, Office of the County Clerk, Brazoria County, Texas;
323	325		Thence South 86 degrees 53 minutes 29 seconds West along the lower
324	326		south line of the herein described tract, same being the north line
325	327		of said adjoining called 116.155 acre tract, and the north line of
326	328		an adjoining called 4.52 acre tract recorded under County Clerk's
327	329		File Number 2010021440, Office of the County Clerk, 3,742.61 feet
328	330		to a point for the lower southwest corner of the herein described
329	331		tract, same being the southeast corner of the adjoining residue of a
330	332		called 1.0 acre tract recorded in Volume 1251, Page 707, Deed
331	333		Records, Brazoria County, Texas;
332	334		Thence North 04 degrees 36 minutes 11 seconds West along the
333	335		common line of the herein described tract and said adjoining
334	336		residue of a called 1.0 acre tract, 158.90 feet to the northeast
335	337		corner of said adjoining called 1.0 acre tract;
336	338		Thence South 87 degrees 02 minutes 13 seconds West continuing
337	339		along said common line, 277.30 feet to the northwest corner of said
338	340		adjoining residue of a called 1.0 acre tract, said point being in
339	341		the east right-of-way line of County Road 44, and being in a
340	342		non-tangent curve to the right;
341	343		Thence with said non-tangent curve to the right, being the
342	344		east right-of-way line of County Road 44, having a central angle of
343	345		14 degrees 56 minutes 06 seconds, an arc length of 723.70 feet, a
344	346		radius of 2,776.40 feet, and a chord bearing North 13 degrees 22
345	347		minutes 44 seconds West, 721.66 feet to the southwest corner of an
346	348		adjoining called 1.0371 acre tract recorded under County Clerk's
347	349		File Number 2008008925, Office of the County Clerk, Brazoria
348	350		County, Texas;
349	351		Thence North 84 degrees 54 minutes 13 seconds East along the
350	352		common line of the herein described tract and said adjoining called
351	353		1.0371 acre tract, 252.52 feet to the southeast corner of said
352	354		adjoining called 1.0371 acre tract for a reentry corner to the
353	355		herein described tract;
354	356		Thence North 04 degrees 18 minutes 51 seconds West continuing
355	357		along said common line, 181.64 feet to the northeast corner of said
356	358		adjoining called 1.0371 acre tract for a reentry corner to the
357	359		herein described tract;
358	360		Thence South 84 degrees 43 minutes 22 seconds West continuing
359	361		along said common line, 251.68 feet to the northwest corner of said
360	362		adjoining called 1.0371 acre tract, said point being in the east
361	363		right-of-way line of County Road 44, and being in a non-tangent
362	364		curve to the right;
363	365		Thence with said non-tangent curve to the right, being the
364	366		east right-of-way line of County Road 44, transitioning to the
365	367		easterly right-of-way line of F. M. Highway 521, having a central
366	368		angle of 10 degrees 03 minutes 42 seconds, an arc length of 487.56
367	369		feet, a radius of 2,776.40 feet, and a chord bearing North 02
368	370		degrees 51 minutes 09 seconds East, 486.94 feet to the southwest
369	371		corner of an adjoining tract being called Lot 5 and the South
370	372		60-feet of Lot 6, Block 35, Fruitland Subdivision, as evidenced in
371	373		deed recorded under County Clerk's File Number 2006000498, Office
372	374		of the County Clerk, Brazoria County, Texas;
373	375		Thence North 87 degrees 06 minutes 39 seconds East along the
374	376		common line of the herein described tract and said adjoining
375	377		Fruitland Subdivision tract, 132.66 feet to the southeast corner of
376	378		said adjoining Fruitland Subdivision tract for a reentry corner to
377	379		the herein described tract;
378	380		Thence North 02 degrees 53 minutes 20 seconds West continuing
379	381		along said common line, 60.00 feet to the northeast corner of said
380	382		adjoining Fruitland Subdivision tract for a reentry corner to the
381	383		herein described tract;
382	384		Thence South 87 degrees 06 minutes 39 seconds West continuing
383	385		along said common line, 120.56 feet to the northwest corner of said
384	386		adjoining Fruitland Subdivision tract, said point being in the
385	387		easterly right-of-way line of F. M. Highway 521, and being in a
386	388		non-tangent curve to the right;
387	389		Thence with said non-tangent curve to the right, being the
388	390		easterly right-of-way line of F. M. Highway 521, having a central
389	391		angle of 04 degrees 50 minutes 12 seconds, an arc length of 234.37
390	392		feet, a radius of 2,776.40 feet, and a chord bearing North 11
391	393		degrees 33 minutes 54 seconds East, 234.31 feet to the end of said
392	394		curve;
393	395		Thence North 13 degrees 58 minutes 59 seconds East along the
394	396		westerly line of the herein described tract, same being the
395	397		easterly right-of-way line of F. M. Highway 521, 302.34 feet to a
396	398		concrete monument found for angle point, said point being the
397	399		northwest corner of said called 170.00 acre tract, same being the
398	400		southwest corner of the aforementioned called 170.66 acre tract;
399	401		Thence North 14 degrees 05 minutes 31 seconds East continuing
400	402		along said line, 973.60 feet to the southwest corner of the
401	403		adjoining residue of a called 2 acre tract recorded in Volume 122,
402	404		Page 203, Deed Records, Brazoria County, Texas;
403	405		Thence North 87 degrees 21 minutes 22 seconds East along the
404	406		common line of the herein described tract and said adjoining
405	407		residue of a called 2 acre tract, 1,700.63 feet to the southeast
406	408		corner of said adjoining called 2 acre tract for a reentry corner to
407	409		the herein described tract;
408	410		Thence North 02 degrees 38 minutes 38 seconds West continuing
409	411		along said common line, 50.00 feet to the northeast corner of said
410	412		adjoining residue of a called 2 acre tract for a reentry corner to
411	413		the herein described tract;
412	414		Thence South 87 degrees 21 minutes 22 seconds West continuing
413	415		along said common line, 1,685.60 feet to the northwest corner of
414	416		said adjoining residue of a called 2 acre tract for the upper
415	417		southwest corner of the herein described tract, said point being in
416	418		the easterly right-of-way line of F. M. Highway 521;
417	419		Thence North 14 degrees 05 minutes 31 seconds East along the
418	420		westerly line of the herein described tract, same being the
419	421		easterly right-of-way line of F. M. Highway 521, 217.09 feet to an
420	422		angle point, said point being the northwest corner of said called
421	423		170.66 acre tract, same being the southwest corner of the
422	424		aforementioned residue of a called 541.131 acre tract;
423	425		Thence North 14 degrees 02 minutes 37 seconds East continuing
424	426		along the westerly line of the herein described tract, same being
425	427		the easterly right-of-way line of F. M. Highway 521, 4,611.00 feet
426	428		to the Place of Beginning and containing 911.12 acres of land, more
427	429		or less.
428	430		SECTION 3. (a) The legal notice of the intention to
429	431		introduce this Act, setting forth the general substance of this
430	432		Act, has been published as provided by law, and the notice and a
431	433		copy of this Act have been furnished to all persons, agencies,
432	434		officials, or entities to which they are required to be furnished
433	435		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
434	436		Government Code.
435	437		(b) The governor, one of the required recipients, has
436	438		submitted the notice and Act to the Texas Commission on
437	439		Environmental Quality.
438	440		(c) The Texas Commission on Environmental Quality has filed
439	441		its recommendations relating to this Act with the governor, the
440	442		lieutenant governor, and the speaker of the house of
441	443		representatives within the required time.
442	444		(d) All requirements of the constitution and laws of this
443	445		state and the rules and procedures of the legislature with respect
444	446		to the notice, introduction, and passage of this Act are fulfilled
445	447		and accomplished.
446	448		SECTION 4. (a) If this Act does not receive a two-thirds
447	449		vote of all the members elected to each house, Subchapter C, Chapter
448	450		8153, Special District Local Laws Code, as added by Section 1 of
449	451		this Act, is amended by adding Section 8153.0307 to read as follows:
450	452		Sec. 8153.0307. NO EMINENT DOMAIN POWER. The district may
451	453		not exercise the power of eminent domain.
452	454		(b) This section is not intended to be an expression of a
453	455		legislative interpretation of the requirements of Section 17(c),
454	456		Article I, Texas Constitution.
455	457		SECTION 5. This Act takes effect immediately if it receives
456	458		a vote of two-thirds of all the members elected to each house, as
457	459		provided by Section 39, Article III, Texas Constitution. If this
458	460		Act does not receive the vote necessary for immediate effect, this
459	461		Act takes effect September 1, 2021.
460		-	______________________________ ______________________________
461		-	President of the Senate Speaker of the House
462		-	I hereby certify that S.B. No. 2147 passed the Senate on
463		-	April 29, 2021, by the following vote: Yeas 31, Nays 0.
464		-	______________________________
465		-	Secretary of the Senate
466		-	I hereby certify that S.B. No. 2147 passed the House on
467		-	May 8, 2021, by the following vote: Yeas 117, Nays 22, two
468		-	present not voting.
469		-	______________________________
470		-	Chief Clerk of the House
471		-	Approved:
472		-	______________________________
473		-	Date
474		-	______________________________
475		-	Governor