Texas 2021 - 87th Regular

Texas Senate Bill SB2171 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2171
	1	+	By: Creighton S.B. No. 2171
	2	+	(Swanson)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the Harris County Municipal Utility
6	8		District No. 579; 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 7927A to read as follows:
12	14		CHAPTER 7927A. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 579
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 7927A.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 Harris County Municipal
20	22		Utility District No. 579.
21	23		Sec. 7927A.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. 7927A.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. 7927A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	31		temporary directors may not hold an election under Section
30	32		7927A.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. 7927A.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. 7927A.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. 7927A.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 7927A.0202, directors
60	62		serve staggered four-year terms.
61	63		Sec. 7927A.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 7927A.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 7927A.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 7927A.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. 7927A.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. 7927A.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. 7927A.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. 7927A.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. 7927A.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. 7927A.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		7927A.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. 7927A.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	142		authorized at an election held under Section 7927A.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. 7927A.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. 7927A.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. 7927A.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. 7927A.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 Harris County Municipal Utility District No.
174	176		579 initially includes all the territory contained in the following
175	177		area:
176	178		TRACT 1
177	179		Fieldnotes for a 28.8628 acre tract of land out of the John
178	180		Jones Survey, Abstract No. 481, in Harris County, Texas and being
179	181		that same called 32.33 acre tract of land conveyed to Holly M. Sears
180	182		as described in Correction Special Warranty Deed filed under
181	183		County Clerk's File No. 20110064472 of the Real Property Records of
182	184		Harris County, and being further that same tract of land conveyed to
183	185		Wm. Kothmann as described in deed recorded in Volume 121 Pag e 146
184	186		of the Deed Records of Harris County, said 28.8628 acres of land
185	187		being more particularly described by metes and bounds as follows:
186	188		COMMENCING at a 3/4 inch steel rod with cap found in the East
187	189		line of the said Jones Survey and the West line of the Frederick
188	190		Limsky Survey, Abstract No. 512, said point being the Southeast
189	191		corner of that certain 35.268 acres tract of land conveyed to
190	192		Crockett National Bank, as described in Substitute Trustee's Deed
191	193		recorded under County Clerk's File No. 20110135 623 of the said
192	194		Real Property Records, said point also being the most Easterly
193	195		Northeast corner of that certain 256.0563 acre tract of land
194	196		conveyed to Springwoods Realty Company, as described in deed
195	197		recorded under County Clerk's File No. 20090229625 of the said
196	198		Real Property Records;
197	199		Thence, South 88°26' 19" West, 1365.50 feet with the South
198	200		line of the said 35.268 acre tract and a Northerly line of the said
199	201		256.0563 acre tract to a point for an interior ell corner of the
200	202		said 256.0563 acre tract, said point also being the most Westerly
201	203		Southwest corner of the said 35.268 acre tract;
202	204		Thence, North 01°52'42" West, 87.01 feet with a Westerly line
203	205		of the said 35.268 acre tract and an Easterly line of the said
204	206		256.0563 acre tract to a 3/4 inch steel rod with cap set for the
205	207		Southwest corner and PLACE OF BEGINNING for the herein described
206	208		tract of land, said point also being an exterior ell corner of the
207	209		said 35.268 acre tract;
208	210		Thence, continuing with the Easterly line of the said
209	211		256.0523 acre tract, North O l 0 52 ' 42" West, at 400.31 feet
210	212		passing an exterior ell corner of the said 256.0523 acre tract and
211	213		the Southeast corner of that certain 10.568 acre tract of land
212	214		conveyed to White Oak Equities, LLC, as described in deed recorded
213	215		under County Clerk's File No. 20110086533 of the said Real
214	216		Property Records, and continuing with the East line of the said l
215	217		0.568 acre tract, at 1499.25 feet passing a 3/4 inch steel rod with
216	218		cap set for reference, and continuing in all, a total distance of
217	219		1599.25 feet to a point in the centerline of Spring Creek for the
218	220		Northwest corner of the here in described tract, said point also
219	221		being the Northeast corner of the said 10.568 acre tract;
220	222		Thence, with the centerline of said Spring Creek and in a
221	223		general Easterly direction, the following courses and distances:
222	224		South 60°38'52" East, 57.42 feet;
223	225		South 83°28'57" East, 35.22 feet;
224	226		South 84°44'53" East, 16.72 feet;
225	227		North 79° 19' 04" East, 99.73 feet;
226	228		North 61°35'46" East, 172.4 2 feet;
227	229		North 48°25 ' 1 l" East, 148. 23 feet ;
228	230		North 24°27' 26" East, 121.31 feet;
229	231		North 16°53'57" East, 64.08 feet;
230	232		North 20°58'58" West, 175.85 feet;
231	233		North 27°11 ' 00" West, 70.20 feet;
232	234		North 07°20'07" West, 96.62 feet;
233	235		North 13°26'38" East, 59.77 feet;
234	236		North 49°06'55" East, 48.34 feet;
235	237		South 89°10' 04" East, 121.99 feet; and,
236	238		South 41°47' 29" East, 112.17 feet to the Northeast corner of
237	239		the herein described tract, said point also being the called most
238	240		Northerly Northwest corner of the aforesaid 35.268 acre tract;
239	241		Thence, South Ol0 40 ' 18" East with the West line of the
240	242		said 35.268 acre tract, at l 00.00 feet passing a 3/4 inch steel rod
241	243		with cap set for reference, and continuing in all, a total distance
242	244		of 2245.35 feet (called 2192.27 feet in 35.268 acre deed) to a 1
243	245		inch steel pipe found marking the Southeast corner of the herein
244	246		described tract, said point being an interior ell corner of the said
245	247		35.268 acre tract;
246	248		Thence, South 88°30'4 4" West, 684.19 feet with a lower
247	249		Northerly line of the said 35.268 acre tract to the PLACE OF
248	250		BEGINNING and containing 28.8628 acres or 1,257,264 square feet of
249	251		land, more or less.
250	252		TRACT 2
251	253		Field notes for 35.301 acres of land situated in the J. Jones
252	254		Survey, Abstract No. 481, Harris County, Texas, described in deed
253	255		dated April 5, 2011 conveyed to Crockett National Bank as recorded
254	256		in File No. 20110135623 of the Official Public Records of Real
255	257		Property of Harris County, Texas (O.P.R.R.P.H.C., TX.), said tract
256	258		is being more particularly described by metes and bounds as
257	259		follows: (bearings are referenced to the East line of the 30 Feet
258	260		Access Easement being North 01° 53' 56" West as recorded under File
259	261		No. 20120202269, O.P.R.R.P.H.C., TX.):
260	262		BEGINNING at a 5/8-inch iron rod with cap "Rainwater" found
261	263		at the northeast corner of a certain tract conveyed to Amber Hill,
262	264		LLC as recorded in File No. 20080619683, O.P.R.R.P.H.C., TX. and
263	265		the southeast corner of said Crockett National Bank tract and the
264	266		herein described tract;
265	267		THENCE South 88° 24' 14" West, along the north line of said
266	268		Amber Hill, LLC tract, a distance of 1365.50 feet to a 5/8-inch iron
267	269		rod with cap "Rainwater" (from which a found 5/8-inch iron rod with
268	270		cap "Frontier" bears South 01° 53' 56" East, 9.06 feet) found at an
269	271		interior line of a certain tract conveyed to Springwoods Realty
270	272		Company as recorded in File No. 20090229625, O.P.R.R.P.H.C., TX for
271	273		the northwest corner of said Amber Hill, LLC tract and the southwest
272	274		corner of said Crockett National Bank tract and the herein
273	275		described tract;
274	276		THENCE North 01° 53' 56" West, along the interior line of said
275	277		Springwoods Realty Company tract and the east line of the above
276	278		referenced 30 feet Access Easement, a distance of 87.01 feet to a
277	279		5/8-inch iron rod with cap "Frontier 2053" (from which a found
278	280		5/8-inch iron rod bears North 85° 35' 25" East, 0.89 feet) found for
279	281		the southwest corner of a certain tract conveyed to The Fern J. Lacy
280	282		Revocable Living Trust as recorded in File No. T984330,
281	283		20100195009, 20100195010, and 20110064472, O.P.R.R.P.H.C., TX and
282	284		a corner of the herein described tract;
283	285		THENCE North 88° 28' 44" East, along the south line of said The
284	286		Fern J. Lacy Revocable Living Trust tract, a distance of 684.32 feet
285	287		to an 1-inch iron pipe found for the southeast corner of said The
286	288		Fern J. Lacy Revocable Living Trust tract and an ell corner of the
287	289		herein described tract;
288	290		THENCE North 01° 42' 03" West, along the east line of said The
289	291		Fern J. Lacy Revocable Living Trust tract, at a distance of 2047.68
290	292		feet pass a 3/4-inch iron rod with cap "Frontier" at 0.39 feet east,
291	293		in all a distance of 2241.45 feet to the centerline of Spring Creek
292	294		for the northeast corner of said The Fern J. Lacy Revocable Living
293	295		Trust tract and the northwest corner of said Crockett National Bank
294	296		tract and the herein described tract;
295	297		THENCE downstream with the meanders of said Spring Creek as
296	298		follows:
297	299		1. South 41° 43' 35" East, a distance of 82.16 feet
298	300		2. South 73° 23' 41" East, a distance of 88.39 feet
299	301		3. North 80° 02' 45" East, a distance of 104.58 feet
300	302		4. South 63° 54' 10" East, a distance of 176.37 feet
301	303		5. South 02° 48' 03" East, a distance of 144.62 feet
302	304		6. South 69° 13' 34" East, a distance of 121.26 feet
303	305		7. North 30° 10' 20" East, a distance of 322.74 feet to a
304	306		point for the northwest corner of a certain tract conveyed to
305	307		Chrymirene Properties Co., Inc. and Springwoods Realty Company as
306	308		recorded in File No. T146401, O.P.R.R.P.H.C., TX and the northeast
307	309		corner of said Crockett National Bank tract and the herein
308	310		described tract;
309	311		THENCE South 01° 42' 03" East, along the west line of said
310	312		Chrymirene Properties Co., Inc. and Springwoods Realty Company
311	313		tract, at a distance of 213.91 feet pass a 3/4-inch iron rod with
312	314		cap "Frontier", in all a distance of 2253.99 feet to the POINT OF
313	315		BEGINNING and containing 35.301 acres.
314	316		TRACT 3
315	317		BEING 48.315 ACRES (2,104,590 SQUARE FEET) OF LAND SITUATED
316	318		IN THE JOHN JONES SURVEY, ABSTRACT NO. 481, HARRIS COUNTY, TEXAS;
317	319		SAID 48.315 ACRES OF LAND BEING ALL OF A CERTAIN TRACT OF LAND
318	320		CONVEYED TO D. M. BEST COMPANY, INC., AS RECORDED IN FILE NO.
319	321		20090321484 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF
320	322		HARRIS COUNTY, TEXAS (O.P.R.R.P.H.C., TX.), A CERTAIN TRACT OF LAND
321	323		CONVEYED TO VICTORIA BEST, AS RECORDED IN FILE NO. T058355,
322	324		O.P.R.R.P.H.C., TX. AND A CERTAIN TRACT OF LAND CONVEYED TO MARK
323	325		BRISTOL RUSSELL, AS RECORDED IN FILE NO. 20140367068,
324	326		O.P.R.R.P.H.C., TX.; SAID 48.315 ACRES OF LAND BEING MORE
325	327		PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
326	328		BEGINNING at a 5/8-inch iron rod with "Davis 4464" cap found
327	329		in the end of Juniper Lane [width varies per Volume 5136, Page 396
328	330		of the Harris County Deed Records (H.C.D.R.) and Harris County Road
329	331		Log No. 4209001] for the northwest corner of a certain tract of land
330	332		conveyed to Springwoods Realty, Inc., as recorded in File
331	333		No. 20140581329, O.P.R.R.P.H.C., TX. and the southwest corner of
332	334		said D. M. Best Company, Inc. tract and the herein described parcel
333	335		(from which a found 3/4-inch iron rod with cap bears North 55°20'
334	336		West, 0.1 feet);
335	337		1) THENCE, North 01°06'30" West, along the west line of said
336	338		D. M. Best Company, Inc. tract and the east line of said Juniper
337	339		Lane, at a distance of 33.40 feet to the southeast corner of Lot 84,
338	340		Mossy Oaks Section Two (unrecorded subdivision) and a certain tract
339	341		of land conveyed to Patsy Marie Courtney, as recorded in File
340	342		No. T655668, O.P.R.R.P.H.C., TX. and the northeast corner of said
341	343		Juniper Lane, continuing along the west line of said D. M. Best
342	344		Company, Inc. tract and the east line of said Lot 84 and said Patsy
343	345		Marie Courtney tract, in all a distance of 315.08 feet to a 3/8-inch
344	346		iron rod with "Landtech" cap set for the south corner of a boundary
345	347		line agreement, as recorded in File No. 20140029653,
346	348		O.P.R.R.P.H.C., TX. and a corner of the herein described parcel;
347	349		2) THENCE, North 01°39'45" East, continuing along the east
348	350		line of said boundary line agreement, a distance of 123.47 feet to a
349	351		3/8-inch iron rod with "Landtech" cap set for the east corner of
350	352		said boundary line agreement and a corner of the herein described
351	353		parcel;
352	354		3) THENCE, North 02°45'25" West, continuing along the east
353	355		line of said boundary line agreement, a distance of 207.47 feet to a
354	356		magnetic nail set in the west line of said Victoria Best tract and
355	357		in the east right-of-way line of Mossy Oaks East Road (60.0 feet
356	358		wide per Volume 3902, Page 54, H.C.D.R.) for the north corner of
357	359		said boundary line agreement and a corner of the herein described
358	360		parcel;
359	361		4) THENCE, North 01°06'30" West, along the west line of said
360	362		Victoria Best tract and the east right-of-way line of said Mossy
361	363		Oaks East Road, a distance of 85.81 feet to a 3/8-inch iron rod with
362	364		"Landtech" cap set in a curve to the right, the southeast corner of
363	365		Lot 10, Mossy Oaks Section One (unrecorded subdivision) and said
364	366		Mark Bristol Russell tract, the northeast corner of said Mossy Oaks
365	367		East Road and an ell corner of the herein described parcel;
366	368		5) THENCE, along the south line of said Lot 10 and said Mark
367	369		Bristol Russell tract and the north right-of-way line of said Mossy
368	370		Oaks East Road with said curve to the right, having a radius of
369	371		759.02 feet, an arc length of 188.51 feet, a central angle of
370	372		14°13'47", and a chord which bears South 46°14'33" West, 188.02 feet
371	373		to a 3/8-inch iron rod with "Landtech" cap set for the southwest
372	374		corner of said Mark Bristol Russell tract, the southeast corner of a
373	375		certain tract of land conveyed to Gaines M. Watkins, and wife, Nancy
374	376		B. Watkins, as recorded in File No. U517546, O.P.R.R.P.H.C., TX.
375	377		and the most westerly southwest corner of the herein described
376	378		parcel (from which a found 5/8-inch iron rod bears North 25°28'
377	379		East, 3.0 feet, a found 3/8-inch iron rod bears South 79°09' West,
378	380		3.8 feet and a found 1-1/4-inch iron pipe bears South 80°24' West,
379	381		4.4 feet);
380	382		6) THENCE, North 12°27'19" East, along the west line of said
381	383		Mark Bristol Russell tract and the east line of said Gaines M.
382	384		Watkins and wife, Nancy B. Watkins tract, a distance of 213.15 feet
383	385		to a 1/2-inch iron rod found for a corner of the herein described
384	386		parcel;
385	387		7) THENCE, North 06°16'48" West, continuing along the west
386	388		line of said Mark Bristol Russell tract and the east line of said
387	389		Gaines M. Watkins and wife, Nancy B. Watkins tract, at a distance of
388	390		542.68 feet to a 3/8-inch iron rod with "Landtech" cap set for a
389	391		reference corner, continuing with a total distance of 667.49 feet
390	392		to a point in the centerline of Spring Creek and in the south line of
391	393		a certain tract of land conveyed to Montgomery County, Texas, as
392	394		recorded in Document Nos. 201204859 and 2012050748 of the Official
393	395		Public Records of Montgomery County, Texas (O.P.R.M.C., TX.) for
394	396		the northwest corner of the herein described parcel;
395	397		8) THENCE, meander along the centerline of said Spring Creek
396	398		with the following courses:
397	399		With said curve to the left, having a radius of 150.00 feet,
398	400		an arc length of 8.25 feet, a central angle of 03°09'04", and a chord
399	401		which bears North 45°09'08" East, 8.25 feet to a point;
400	402		North 43°34'36" East, a distance of 99.60 feet to a point of
401	403		curvature;
402	404		With said curve to the left, having a radius of 100.00 feet,
403	405		an arc length of 53.41 feet, a central angle of 30°35'55", and a
404	406		chord which bears North 28°16'39" East, 52.77 feet to a point of
405	407		curvature;
406	408		With said curve to the right, having a radius of 150.00 feet,
407	409		an arc length of 90.74 feet, a central angle of 34°39'32", and a
408	410		chord which bears North 30°18'27" East, 89.36 feet to a point of
409	411		curve for the northeast corner of said Mark Bristol Russell tract
410	412		and the northwest corner of said Victoria Best tract;
411	413		With said curve to the right, having a radius of 150.00 feet,
412	414		an arc length of 26.98 feet, a central angle of 10°18'25", and a
413	415		chord which bears North 52°47'29" East, 26.95 feet to a point;
414	416		North 57°56'43" East, a distance of 109.91 feet to a point of
415	417		curvature;
416	418		With said curve to the left, having a radius of 100.00 feet,
417	419		an arc length of 31.92 feet, a central angle of 18°17'21", and a
418	420		chord which bears North 48°48'03" East, 31.79 feet to a point;
419	421		North 39°25'06" East, a distance of 162.78 feet to a point for
420	422		the northeast corner of said Victoria Best tract and the northwest
421	423		corner of said D. M. Best Company, Inc. tract;
422	424		North 39°40'08" East, a distance of 67.81 feet to a point of
423	425		curvature;
424	426		With said curve to the right, having a radius of 110.00 feet,
425	427		an arc length of 321.17 feet, a central angle of 167°17'20", and a
426	428		chord which bears South 56°41'37" East, 218.65 feet to a point;
427	429		South 26°57'03" West, a distance of 110.00 feet to a point of
428	430		curvature;
429	431		With said curve to the left, having a radius of 100.00 feet,
430	432		an arc length of 88.82 feet, a central angle of 50°53'27", and a
431	433		chord which bears South 01°30'19" West, 85.93 feet to a point;
432	434		South 23°56'24" East, a distance of 93.07 feet to a point of
433	435		curvature;
434	436		With said curve to the left, having a radius of 125.00 feet,
435	437		an arc length of 218.38 feet, a central angle of 100°05'58", and a
436	438		chord which bears South 73°59'23" East, 191.65 feet to a point;
437	439		North 55°57'39" East, a distance of 105.14 feet to a point of
438	440		curvature;
439	441		With said curve to the left, having a radius of 100.00 feet,
440	442		an arc length of 63.18 feet, a central angle of 36°11'59", and a
441	443		chord which bears North 37°51'39" East, 62.14 feet to a point;
442	444		North 19°45'41" East, a distance of 127.78 feet to a point of
443	445		curvature;
444	446		With said curve to the right, having a radius of 100.00 feet,
445	447		an arc length of 108.70 feet, a central angle of 62°16'56", and a
446	448		chord which bears North 50°54'09" East, 103.43 feet to a point;
447	449		North 82°02'35" East, a distance of 128.31 feet to a point of
448	450		curvature;
449	451		With said curve to the left, having a radius of 200.00 feet,
450	452		an arc length of 29.95 feet, a central angle of 08°34'47", and a
451	453		chord which bears North 77°45'11" East, 29.92 feet to a point;
452	454		North 71°53'11" East, a distance of 91.52 feet to a point of
453	455		curvature;
454	456		With said curve to the left, having a radius of 300.00 feet,
455	457		an arc length of 97.62 feet, a central angle of 18°38'35", and a
456	458		chord which bears North 62°33'53" East, 97.19 feet to a point;
457	459		North 52°43'16" East, a distance of 75.08 feet to a point for
458	460		the northwest corner of a certain tract of land conveyed to White
459	461		Oak Equities, LLC, as recorded in File No. 20090587861,
460	462		O.P.R.R.P.H.C., TX. and the northeast corner of said D. M. Best
461	463		Company, Inc. tract and the herein described parcel;
462	464		9) THENCE, South 01°52'51" East, along the west line of said
463	465		White Oak Equities, LLC tract and the east line of said D. M. Best
464	466		Company, Inc. tract, at a distance of 188.13 feet to a 3/4-inch iron
465	467		rod with "Landtech" cap set for a reference corner, continuing at a
466	468		distance of 797.60 feet to a 3/4-inch iron pipe found for the
467	469		southwest corner of said White Oak Equities, LLC tract and the most
468	470		easterly northwest corner of said Springwoods Realty, Inc. tract,
469	471		continuing along the east line of said D. M. Best Company, Inc.
470	472		tract and the west line of said Springwoods Realty, Inc. tract, in
471	473		all a distance of 1514.20 feet to a 1/2-inch iron pipe found for an
472	474		ell corner of said Springwoods Realty, Inc. tract and the southeast
473	475		corner of said D. M. Best Company, Inc. tract and the herein
474	476		described parcel (from which another found 1/2-inch iron rod with
475	477		cap bears South 70°03' West, 3.8 feet);
476	478		10) THENCE, South 71°40'18" West, along the north line of
477	479		said Springwoods Realty, Inc. tract and the south line of said D. M.
478	480		Best Company, Inc. tract, a distance of 1361.79 feet to the POINT OF
479	481		BEGINNING and containing 48.315 acres (2,104,590 square feet) of
480	482		land.
481	483		Bearings are referenced to the 30 feet access easement being
482	484		South 71°40'18" West, as recorded in File No 20120202269,
483	485		O.P.R.R.P.H.C., TX.
484	486		TRACT 4
485	487		BEING 8.331 ACRES (362,877 SQUARE FEET) OF LAND SITUATED IN
486	488		THE JOHN JONES SURVEY, ABSTRACT NO. 481, HARRIS COUNTY, TEXAS; SAID
487	489		8.331 ACRES OF LAND BEING THE RESIDUE OF A CERTAIN TRACT OF LAND
488	490		CONVEYED TO WHITE OAK EQUITIES, LLC, AS RECORDED IN FILE NOS.
489	491		20090587861 AND 20110086533 OF THE OFFICIAL PUBLIC RECORDS OF REAL
490	492		PROPERTY OF HARRIS COUNTY, TEXAS (O.P.R.R.P.H.C., TX.); SAID 8.331
491	493		ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
492	494		AS FOLLOWS:
493	495		BEGINNING at a 5/8-inch iron rod with cap stamped "Rainwater"
494	496		found in the west line of a certain tract of land conveyed to KAPA
495	497		Spring 35 Series, LLC, as recorded in File No. 20140356975,
496	498		O.P.R.R.P.H.C., TX. for a corner of a certain tract of land conveyed
497	499		to Springwoods Realty, Inc., as recorded in File No. 20140581329,
498	500		O.P.R.R.P.H.C., TX. and the southeast corner of said White Oak
499	501		Equities, LLC tract and the herein described parcel (from which a
500	502		found 1/2-inch iron pipe bears South 22° East, 2.1 feet);
501	503		1) THENCE, South 87°57'48" West, along the north line of said
502	504		Springwoods Realty, Inc. tract and the south line of said White Oak
503	505		Equities, LLC tract, a distance of 320.48 feet to a 1/2-inch iron
504	506		pipe found for an ell corner of said Springwoods Realty, Inc. tract
505	507		and the most southerly southwest corner of said White Oak Equities,
506	508		LLC tract and the herein described parcel;
507	509		2) THENCE, North 01°49'06" West, along the east line of said
508	510		Springwoods Realty, Inc. tract and the west line of said White Oak
509	511		Equities, LLC tract, a distance of 715.66 feet to a 1/2-inch iron
510	512		pipe found for a corner of said Springwoods Realty, Inc. tract and
511	513		an ell corner of said White Oak Equities, LLC tract and the herein
512	514		described parcel;
513	515		3) THENCE, South 88°08'26" West, along the north line of said
514	516		Springwoods Realty, Inc. tract and the south line of said White Oak
515	517		Equities, LLC tract, a distance of 321.11 feet to a 3/4-inch iron
516	518		pipe found in the east line of a certain tract of land conveyed to D.
517	519		M. Best Company, Inc., as recorded in File No. 20090321484,
518	520		O.P.R.R.P.H.C., TX. for a corner of said Springwoods Realty, Inc.
519	521		tract and the most westerly southwest corner of said White Oak
520	522		Equities, LLC tract and the herein described parcel;
521	523		4) THENCE, North 01°52'51" West, along the east line of said
522	524		D. M. Best Company, Inc. tract and the west line of said White Oak
523	525		Equities, LLC tract, a distance of 189.73 feet to a 5/8-inch iron
524	526		rod with cap stamped "LJA" found for the southwest corner of a
525	527		certain tract of land conveyed to Harris County, Texas, as recorded
526	528		in File No. RP-2016-334636, O.P.R.R.P.H.C., TX. and the northwest
527	529		corner of the herein described parcel;
528	530		5) THENCE, North 84°39'01" East, along the south line of said
529	531		Harris County, Texas tract, a distance of 641.69 feet to a 3/8-inch
530	532		iron rod with cap stamped "Landtech" set in the west line of said
531	533		KAPA Spring 35 Series, LLC tract and in the east line of said White
532	534		Oak Equities, LLC tract for the northeast corner of the herein
533	535		described parcel (from which a found 5/8-inch iron rod with cap
534	536		stamped "LJA" bears North 86° East, 2.0 feet);
535	537		6) THENCE, South 01°53'56" East, along the west line of said
536	538		KAPA Spring 35 Series, LLC tract and the east line of said White Oak
537	539		Equities, LLC tract, a distance of 943.46 feet to the POINT OF
538	540		BEGINNING and containing 8.331 acres (362,877 square feet) of land.
539	541		Bearings are referenced to the 30 feet access easement being
540	542		South 88°08'26" West, as recorded in File No 20120202269,
541	543		O.P.R.R.P.H.C., TX.
542	544		SECTION 3. (a) The legal notice of the intention to
543	545		introduce this Act, setting forth the general substance of this
544	546		Act, has been published as provided by law, and the notice and a
545	547		copy of this Act have been furnished to all persons, agencies,
546	548		officials, or entities to which they are required to be furnished
547	549		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
548	550		Government Code.
549	551		(b) The governor, one of the required recipients, has
550	552		submitted the notice and Act to the Texas Commission on
551	553		Environmental Quality.
552	554		(c) The Texas Commission on Environmental Quality has filed
553	555		its recommendations relating to this Act with the governor, the
554	556		lieutenant governor, and the speaker of the house of
555	557		representatives within the required time.
556	558		(d) All requirements of the constitution and laws of this
557	559		state and the rules and procedures of the legislature with respect
558	560		to the notice, introduction, and passage of this Act are fulfilled
559	561		and accomplished.
560	562		SECTION 4. (a) If this Act does not receive a two-thirds
561	563		vote of all the members elected to each house, Subchapter C, Chapter
562	564		7927A, Special District Local Laws Code, as added by Section 1 of
563	565		this Act, is amended by adding Section 7927A.0306 to read as
564	566		follows:
565	567		Sec. 7927A.0306. NO EMINENT DOMAIN POWER. The district may
566	568		not exercise the power of eminent domain.
567	569		(b) This section is not intended to be an expression of a
568	570		legislative interpretation of the requirements of Section 17(c),
569	571		Article I, Texas Constitution.
570	572		SECTION 5. This Act takes effect immediately if it receives
571	573		a vote of two-thirds of all the members elected to each house, as
572	574		provided by Section 39, Article III, Texas Constitution. If this
573	575		Act does not receive the vote necessary for immediate effect, this
574	576		Act takes effect September 1, 2021.
575		-	______________________________ ______________________________
576		-	President of the Senate Speaker of the House
577		-	I hereby certify that S.B. No. 2171 passed the Senate on
578		-	April 29, 2021, by the following vote: Yeas 31, Nays 0.
579		-	______________________________
580		-	Secretary of the Senate
581		-	I hereby certify that S.B. No. 2171 passed the House on
582		-	May 8, 2021, by the following vote: Yeas 109, Nays 30, two
583		-	present not voting.
584		-	______________________________
585		-	Chief Clerk of the House
586		-	Approved:
587		-	______________________________
588		-	Date
589		-	______________________________
590		-	Governor