Texas 2021 - 87th Regular

Texas Senate Bill SB2218 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R12737 MP-F
2	2	By: Creighton S.B. No. 2218
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Montgomery County Municipal Utility
8	8	District No. 203; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 7917A to read as follows:
14	14	CHAPTER 7917A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
15	15	NO. 203
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 7917A.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "City" means the City of Oak Ridge North.
20	20	(3) "Commission" means the Texas Commission on
21	21	Environmental Quality.
22	22	(4) "Director" means a board member.
23	23	(5) "District" means the Montgomery County Municipal
24	24	Utility District No. 203.
25	25	Sec. 7917A.0102. NATURE OF DISTRICT. The district is a
26	26	municipal utility district created under Section 59, Article XVI,
27	27	Texas Constitution.
28	28	Sec. 7917A.0103. CONFIRMATION AND DIRECTOR ELECTION
29	29	REQUIRED. The temporary directors shall hold an election to
30	30	confirm the creation of the district and to elect five permanent
31	31	directors as provided by Section 49.102, Water Code.
32	32	Sec. 7917A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
33	33	temporary directors may not hold an election under Section
34	34	7917A.0103 until each municipality in whose corporate limits or
35	35	extraterritorial jurisdiction the district is located has
36	36	consented by ordinance or resolution to the creation of the
37	37	district and to the inclusion of land in the district.
38	38	Sec. 7917A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
39	39	(a) The district is created to serve a public purpose and benefit.
40	40	(b) The district is created to accomplish the purposes of:
41	41	(1) a municipal utility district as provided by
42	42	general law and Section 59, Article XVI, Texas Constitution; and
43	43	(2) Section 52, Article III, Texas Constitution, that
44	44	relate to the construction, acquisition, improvement, operation,
45	45	or maintenance of macadamized, graveled, or paved roads, or
46	46	improvements, including storm drainage, in aid of those roads.
47	47	Sec. 7917A.0106. INITIAL DISTRICT TERRITORY. (a) The
48	48	district is initially composed of the territory described by
49	49	Section 2 of the Act enacting this chapter.
50	50	(b) The boundaries and field notes contained in Section 2 of
51	51	the Act enacting this chapter form a closure. A mistake made in the
52	52	field notes or in copying the field notes in the legislative process
53	53	does not affect the district's:
54	54	(1) organization, existence, or validity;
55	55	(2) right to issue any type of bond for the purposes
56	56	for which the district is created or to pay the principal of and
57	57	interest on a bond;
58	58	(3) right to impose a tax; or
59	59	(4) legality or operation.
60	60	SUBCHAPTER B. BOARD OF DIRECTORS
61	61	Sec. 7917A.0201. GOVERNING BODY; TERMS. (a) The district
62	62	is governed by a board of five elected directors.
63	63	(b) Except as provided by Section 7917A.0202, directors
64	64	serve staggered four-year terms.
65	65	Sec. 7917A.0202. TEMPORARY DIRECTORS. (a) On or after the
66	66	effective date of the Act enacting this chapter, the owner or owners
67	67	of a majority of the assessed value of the real property in the
68	68	district may submit a petition to the commission requesting that
69	69	the commission appoint as temporary directors the five persons
70	70	named in the petition. The commission shall appoint as temporary
71	71	directors the five persons named in the petition.
72	72	(b) Temporary directors serve until the earlier of:
73	73	(1) the date permanent directors are elected under
74	74	Section 7917A.0103; or
75	75	(2) the fourth anniversary of the effective date of
76	76	the Act enacting this chapter.
77	77	(c) If permanent directors have not been elected under
78	78	Section 7917A.0103 and the terms of the temporary directors have
79	79	expired, successor temporary directors shall be appointed or
80	80	reappointed as provided by Subsection (d) to serve terms that
81	81	expire on the earlier of:
82	82	(1) the date permanent directors are elected under
83	83	Section 7917A.0103; or
84	84	(2) the fourth anniversary of the date of the
85	85	appointment or reappointment.
86	86	(d) If Subsection (c) applies, the owner or owners of a
87	87	majority of the assessed value of the real property in the district
88	88	may submit a petition to the commission requesting that the
89	89	commission appoint as successor temporary directors the five
90	90	persons named in the petition. The commission shall appoint as
91	91	successor temporary directors the five persons named in the
92	92	petition.
93	93	SUBCHAPTER C. POWERS AND DUTIES
94	94	Sec. 7917A.0301. GENERAL POWERS AND DUTIES. The district
95	95	has the powers and duties necessary to accomplish the purposes for
96	96	which the district is created.
97	97	Sec. 7917A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
98	98	DUTIES. The district has the powers and duties provided by the
99	99	general law of this state, including Chapters 49 and 54, Water Code,
100	100	applicable to municipal utility districts created under Section 59,
101	101	Article XVI, Texas Constitution.
102	102	Sec. 7917A.0303. AUTHORITY FOR ROAD PROJECTS. Under
103	103	Section 52, Article III, Texas Constitution, the district may
104	104	design, acquire, construct, finance, issue bonds for, improve,
105	105	operate, maintain, and convey to this state, a county, or a
106	106	municipality for operation and maintenance macadamized, graveled,
107	107	or paved roads, or improvements, including storm drainage, in aid
108	108	of those roads.
109	109	Sec. 7917A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
110	110	road project must meet all applicable construction standards,
111	111	zoning and subdivision requirements, and regulations of each
112	112	municipality in whose corporate limits or extraterritorial
113	113	jurisdiction the road project is located.
114	114	(b) If a road project is not located in the corporate limits
115	115	or extraterritorial jurisdiction of a municipality, the road
116	116	project must meet all applicable construction standards,
117	117	subdivision requirements, and regulations of each county in which
118	118	the road project is located.
119	119	(c) If the state will maintain and operate the road, the
120	120	Texas Transportation Commission must approve the plans and
121	121	specifications of the road project.
122	122	Sec. 7917A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
123	123	ORDINANCE OR RESOLUTION. The district shall comply with all
124	124	applicable requirements of any ordinance or resolution that is
125	125	adopted under Section 54.016 or 54.0165, Water Code, and that
126	126	consents to the creation of the district or to the inclusion of land
127	127	in the district.
128	128	Sec. 7917A.0306. EFFECT OF ANNEXATION. Notwithstanding any
129	129	other law, if all or any part of the territory of the district is
130	130	annexed by the city into the city's corporate limits, the district
131	131	retains all of the district's outstanding debt and obligations and
132	132	is not dissolved.
133	133	Sec. 7917A.0307. DIVISION OF DISTRICT. (a) The district
134	134	may be divided into two or more new districts only if the district:
135	135	(1) has no outstanding bonded debt; and
136	136	(2) is not imposing ad valorem taxes.
137	137	(b) This chapter applies to any new district created by the
138	138	division of the district, and a new district has all the powers and
139	139	duties of the district.
140	140	(c) A new district created by the division of the district
141	141	may not, at the time the new district is created, contain any land
142	142	outside the area described by Section 2 of the Act enacting this
143	143	chapter.
144	144	(d) The board, on its own motion or on receipt of a petition
145	145	signed by the owner or owners of a majority of the assessed value of
146	146	the real property in the district, may adopt an order dividing the
147	147	district.
148	148	(e) The board may adopt an order dividing the district
149	149	before or after the date the board holds an election under Section
150	150	7917A.0103 to confirm the district's creation.
151	151	(f) An order dividing the district shall:
152	152	(1) name each new district;
153	153	(2) include the metes and bounds description of the
154	154	territory of each new district;
155	155	(3) appoint temporary directors for each new district;
156	156	and
157	157	(4) provide for the division of assets and liabilities
158	158	between the new districts.
159	159	(g) On or before the 30th day after the date of adoption of
160	160	an order dividing the district, the district shall file the order
161	161	with the commission and record the order in the real property
162	162	records of each county in which the district is located.
163	163	(h) A new district created by the division of the district
164	164	shall hold a confirmation and directors' election as required by
165	165	Section 7917A.0103. If the voters of a new district do not confirm
166	166	the creation of the new district, the assets, obligations,
167	167	territory, and governance of the new district revert to the
168	168	original district.
169	169	(i) If the creation of the new district is confirmed, the
170	170	new district shall provide the election date and results to the
171	171	commission.
172	172	(j) Any new district created by the division of the district
173	173	must hold an election as required by this chapter to obtain voter
174	174	approval before the district may impose a maintenance tax or issue
175	175	bonds payable wholly or partly from ad valorem taxes.
176	176	(k) Municipal consent to the creation of the district and to
177	177	the inclusion of land in the district granted under Section
178	178	7917A.0104 acts as municipal consent to the creation of any new
179	179	district created by the division of the district and to the
180	180	inclusion of land in the new district.
181	181	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
182	182	Sec. 7917A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
183	183	The district may issue, without an election, bonds and other
184	184	obligations secured by:
185	185	(1) revenue other than ad valorem taxes; or
186	186	(2) contract payments described by Section
187	187	7917A.0403.
188	188	(b) The district must hold an election in the manner
189	189	provided by Chapters 49 and 54, Water Code, to obtain voter approval
190	190	before the district may impose an ad valorem tax or issue bonds
191	191	payable from ad valorem taxes.
192	192	(c) The district may not issue bonds payable from ad valorem
193	193	taxes to finance a road project unless the issuance is approved by a
194	194	vote of a two-thirds majority of the district voters voting at an
195	195	election held for that purpose.
196	196	Sec. 7917A.0402. OPERATION AND MAINTENANCE TAX. (a) If
197	197	authorized at an election held under Section 7917A.0401, the
198	198	district may impose an operation and maintenance tax on taxable
199	199	property in the district in accordance with Section 49.107, Water
200	200	Code.
201	201	(b) The board shall determine the tax rate. The rate may not
202	202	exceed the rate approved at the election.
203	203	Sec. 7917A.0403. CONTRACT TAXES. (a) In accordance with
204	204	Section 49.108, Water Code, the district may impose a tax other than
205	205	an operation and maintenance tax and use the revenue derived from
206	206	the tax to make payments under a contract after the provisions of
207	207	the contract have been approved by a majority of the district voters
208	208	voting at an election held for that purpose.
209	209	(b) A contract approved by the district voters may contain a
210	210	provision stating that the contract may be modified or amended by
211	211	the board without further voter approval.
212	212	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
213	213	Sec. 7917A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
214	214	OBLIGATIONS. The district may issue bonds or other obligations
215	215	payable wholly or partly from ad valorem taxes, impact fees,
216	216	revenue, contract payments, grants, or other district money, or any
217	217	combination of those sources, to pay for any authorized district
218	218	purpose.
219	219	Sec. 7917A.0502. TAXES FOR BONDS. At the time the district
220	220	issues bonds payable wholly or partly from ad valorem taxes, the
221	221	board shall provide for the annual imposition of a continuing
222	222	direct ad valorem tax, without limit as to rate or amount, while all
223	223	or part of the bonds are outstanding as required and in the manner
224	224	provided by Sections 54.601 and 54.602, Water Code.
225	225	Sec. 7917A.0503. BONDS FOR ROAD PROJECTS. At the time of
226	226	issuance, the total principal amount of bonds or other obligations
227	227	issued or incurred to finance road projects and payable from ad
228	228	valorem taxes may not exceed one-fourth of the assessed value of the
229	229	real property in the district.
230	230	SECTION 2. The Montgomery County Municipal Utility District
231	231	No. 203 initially includes all the territory contained in the
232	232	following area:
233	233	Being 46.673 acres (2,033,071 square feet) of land situated
234	234	in the Montgomery County School Land Survey, A-350, Montgomery
235	235	County, Texas and being all of a called 29.201 acre tract conveyed
236	236	to Bali Real Estate, LLC, by Warranty Deed recorded under Clerk's
237	237	File No. 2019110268 of the Official Public Records of Montgomery
238	238	County, Texas (O.P.R. M.C.T.), and all of the called 18.2958 acre
239	239	tract conveyed to Bali Real Estate, LLC, by Warranty Deed recorded
240	240	under Clerk's File No. 2019078899 O.P.R. M.C.T., said 46.673 acres
241	241	being more particularly described by metes and bounds as follows:
242	242	BEGINNING at a 1/2 inch iron pipe found in the west line of
243	243	Lot 14B, Block 2, of Chateau Woods, Section Six, according to the
244	244	Plat of same, recorded in Volume 7, Page 275, of the Map Records of
245	245	Montgomery County, Texas (M.R. M.C.T.), for the southeast corner of
246	246	Chateau Woods, according to the Plat of same, recorded in Cabinet Z,
247	247	Sheet 536 M.R. M.C.T., and the northeast corner of said 18.2958 acre
248	248	tract;
249	249	THENCE South 04°24'53" East, with the west line of said
250	250	Section Six, a distance of 329.67 feet to a 5/8 inch iron rod with
251	251	cap marked "Landpoint 10194172" set for the southwest corner of Lot
252	252	15C, of said Section Six, and an interior corner of the herein
253	253	described tract;
254	254	THENCE North 85°44'01" East, with the south line of said Lot
255	255	15C, a distance of 155.60 feet to a 5/8 inch iron rod found in the
256	256	west right of way (R.O.W.) line of Fairview Drive (60 foot wide
257	257	R.O.W.) for the southeast corner of said Lot 15C, and an easterly
258	258	northeast corner of the herein described tract;
259	259	THENCE South 03°49'04" East, with said west right of way line,
260	260	a distance of 70.00 feet to a 5/8 inch iron rod with cap marked
261	261	"Landpoint 10194172" set for the northeast corner of Lot 16B, of
262	262	said Section Six and an easterly southeast corner of the herein
263	263	described tract;
264	264	THENCE South 85°44'01" West, with the north line of said Lot
265	265	16B, a distance of 154.87 feet to a 5/8 inch iron rod with cap marked
266	266	"Landpoint 10194172" set in the east line of the called 1.902 acre
267	267	tract conveyed to Dennis E. Roach and Yvonne Roach by Warranty Deed
268	268	recorded under Clerk's File No. 936940 O.P.R. M.C.T., for an
269	269	interior southwest corner of the herein described tract;
270	270	THENCE North 04°24'49" West, with the east line of said 1.902
271	271	acre tract, a distance of 5.75 feet to a 5/8 inch iron rod found for
272	272	the northeast corner of said 1.902 acre tract, and an interior
273	273	corner of the herein described tract;
274	274	THENCE South 84°35'28" West, with the easterly north line of
275	275	said 1.902 acre tract, a distance of 167.56 feet to a 5/8 inch iron
276	276	rod found for the northerly northwest corner of said 1.902 acre
277	277	tract, and an interior corner of the herein described tract;
278	278	THENCE South 00°23'18" East, with a northerly west line of
279	279	said 1.902 acre tract a distance of 127.62 feet to a 5/8 inch iron
280	280	rod found for an interior corner of said 1.902 acre tract;
281	281	THENCE South 89°36'42" West, with the westerly north line of
282	282	said 1.902 acre tract, a distance of 114.45 feet to a 5/8 inch iron
283	283	rod found for the westerly northwest corner of said 1.902 acre tract
284	284	and an interior corner of the herein described tract;
285	285	THENCE South 02°14'20" East, with the west line of said 1.902
286	286	acre tract, a distance of 122.73 feet to a 1/2 inch iron rod found
287	287	for the southwest corner of said 1.902 acre tract;
288	288	THENCE North 84°40'17" East, with the south line of said 1.902
289	289	acre tract, a distance of 295.36 feet to a 5/8 inch iron rod with cap
290	290	marked "Landpoint 10194172" set in the west line of Lot 17B, of said
291	291	Section Six, for a northeast corner of the herein described tract;
292	292	THENCE South 04°25'53" East, with the west line of said
293	293	Section Six, a distance of 254.24 feet to a 5/8 inch iron rod with
294	294	cap marked "Landpoint 10194172" set for the southwest corner of Lot
295	295	18B of said Section Six, and an interior corner of the herein
296	296	described tract;
297	297	THENCE North 85°44'23" East, with the south line of said Lot
298	298	18B, a distance of 149.71 feet to a 5/8 inch iron rod found in the
299	299	west right of way line of said Fairview Drive for the southeast
300	300	corner of said Lot 18B, and a northeast corner of the herein
301	301	described;
302	302	THENCE South 03°49'03" East, with said west right of way line,
303	303	a distance of 70.00 feet to a 1/2 iron rod found for the northeast
304	304	corner of Lot 19A, of said Section Six, and an easterly southeast
305	305	corner of the herein described tract;
306	306	THENCE South 85°44'23" West, with the north line of said Lot
307	307	19A a distance of 148.96 feet to a 5/8 inch iron rod with cap marked
308	308	"Landpoint 10194172" set for the northwest corner of said Lot 19A
309	309	and an interior corner of the herein described tract;
310	310	THENCE South 04°25'53" East, with the west line of said
311	311	Section Six, a distance of 600.26 feet to a 5/8 inch iron rod with
312	312	cap marked "Landpoint 10194172" set for the northeast corner of the
313	313	called 0.2784 acre Tract 4 conveyed to William Dana Fulton, by
314	314	Warranty Deed recorded under Clerk's File No. 2007-143377 O.P.R.
315	315	M.C.T., for the southeast corner said 29.201 acre tract and the
316	316	herein described tract, from which a found 1/2 inch iron rod bears
317	317	North 87°05'51" East, a distance of 1.60 feet;
318	318	THENCE South 87°05'51" West, with the south line of said
319	319	29.201 acre tract, a distance of 2110.00 feet to a 5/8 inch iron rod
320	320	with cap marked "Landpoint 10194172" set for the northwest corner
321	321	of the remainder of a called 19.6 acre tract conveyed to Juanita Ann
322	322	Stedman Crisp by Warranty Deed recorded in Volume 994, Page 33 of
323	323	the Deed Records of Montgomery County, Texas (D.R. M.C.T.), and an
324	324	interior corner of the herein described tract, from which a found 2
325	325	inch iron rod bears North 39°42'57" West, a distance of 0.89 feet;
326	326	THENCE North 02°54'09" West, a distance of 34.49 feet to a
327	327	point for an interior corner of the herein described tract;
328	328	THENCE South 86°54'05" West, a distance of 15.07 feet to a 1/2
329	329	inch iron rod found for the southeast corner of said 3.00 acre tract
330	330	and a southwest corner of the herein described tract;
331	331	THENCE North 04°24'02" West, with the east line of said 3.00
332	332	acre tract, a distance of 105.68 feet to a 5/8 inch iron rod found
333	333	for the southwest corner of the called 2.0 acre tract conveyed to
334	334	Julio E. Ortiz and Edgar S. Ortiz by Warranty Deed recorded under
335	335	Clerk's File No. 2010102118 O.P.R. M.C.T. and the most westerly
336	336	northwest corner of the herein described1.705 acre tract conveyed
337	337	to tract;
338	338	THENCE North 87°05'51" East, with the south line of said 2.0
339	339	acre tract, a distance of 152.29 feet to a 5/8 inch iron rod found
340	340	for the southeast corner of said 2.0 acre tract and an interior
341	341	corner of the herein described tract ;
342	342	THENCE North 02°59'46" West, with the east line of said 2.0
343	343	acre tract, a distance of 286.50 feet to a 5/8 inch iron rod found
344	344	for the southwest corner of the called 1.705 acre tract conveyed to
345	345	Julio E. Ortiz and Edgar S. Ortiz by Warranty Deed recorded under
346	346	Clerk's File No. 2010102117 O.P.R .M.C.T., and a northwest corner
347	347	of the herein described tract;
348	348	THENCE North 87°05'51" East, with the south line of said 1.705
349	349	acre tract, a distance of 458.27 feet to a 5/8 inch iron rod with cap
350	350	marked "Landpoint 10194172" set for the southeast corner of said
351	351	1.705 acre tract and an interior corner of the herein described
352	352	tract;
353	353	THENCE North 03°54'02" West, with the east line of said 1.705
354	354	acre tract, a distance of 165.76 feet to a 5/8 inch iron rod found
355	355	for the northeast corner of same, and a northwest corner of the
356	356	herein described tract;
357	357	THENCE North 86°10'26" East, at 40.03 feet passing a 5/8 inch
358	358	iron rod found for the southwest corner of a called 0.61 acre tract
359	359	of land (Tract 10), recorded under Volume 814, Page 553 of the
360	360	O.P.R. M.C.T., and continuing for a total distance of 279.28 feet to
361	361	a 5/8 inch iron rod found for the southeast corner of said 0.61 acre
362	362	tract and an interior corner of the herein described tract;
363	363	THENCE North 03°49'30" West, with the west lines of said 0.61
364	364	acre Tract 10, the called 0.61 acre tract conveyed to Reina Fuentes
365	365	by Warranty Deed recorded under Clerk's File No. 2009049510
366	366	O.P.R.M.C.T., and the called 0.61 acre tract conveyed to Jonathan
367	367	R. Farkasofsky, by Warranty Deed recorded under Clerk's File
368	368	No. 2009041278 O.P.R. M.C.T., a distance of 337.20 feet to a 5/8
369	369	inch iron rod found in the south right of way line of Springwood
370	370	Drive (60 foot wide private R.O.W.), for a northwest corner of the
371	371	herein described tract;
372	372	THENCE North 86°10'33" East, with the south line of said
373	373	Springwood Drive, a distance of 473.19 feet to a 5/8 inch iron rod
374	374	with cap marked "Landpoint 10194172" set for an interior corner of
375	375	the herein described tract;
376	376	THENCE North 03°49'30" West, with the east right of way line
377	377	of said Springwood Drive, a distance of 59.97 feet to a 5/8 inch
378	378	iron rod found in the south line of the called 0.6017 acre tract
379	379	conveyed to Luis Martinez and Liana I. Martinez by Warranty Deed
380	380	recorded under Clerk's File No. 2012038147 O.P.R. M.C.T., for a
381	381	northwest corner of the herein described tract;
382	382	THENCE North 86°09'32" East, with the south line of said
383	383	0.6017 acre tract, a distance of 25.90 feet to a 5/8 inch iron rod
384	384	found for the southeast corner of said 0.6017 acre tract and an
385	385	interior corner of the herein described tract;
386	386	THENCE North 03°49'30" West, with the east line of said 0.6017
387	387	acre tract, a distance of 250.02 feet to a 5/8 inch iron rod with cap
388	388	marked "Landpoint 10194172" set for the northeast corner of said
389	389	0.6017 acre tract and an interior corner of the herein described
390	390	tract, from which a found 5/8 inch iron rod bears South 80°23'42"
391	391	West, a distance of 1.39 feet;
392	392	THENCE South 86°10'34" West, with the north lines of said
393	393	0.6017 acre tract, the called 0.61 acre tract conveyed to Rigoberto
394	394	Ruiz and Beatriz Ruiz, by Warranty Deed recorded under Clerk's File
395	395	No. 2010015437 O.P.R. M.C.T., and the called 0.61 acre tract
396	396	conveyed to Luis Martinez and Liana I. Martinez, by Warranty Deed
397	397	recorded under Clerk's File No. 2012038147 O.P.R. M.C.T. a distance
398	398	of 314.69 feet to a 5/8 inch iron rod found in the east line of the
399	399	called 7.3167 acre tract conveyed to James H. Giammatteo by
400	400	Warranty Deed recorded under Clerk's File No. 2001008111 O.P.R.
401	401	M.C.T., for the northwest corner of said 0.61 acre Martinez tract,
402	402	and a southwest corner of the herein described tract;
403	403	THENCE North 03°49'30" West, with the east line of said 7.3167
404	404	acre tract, a distance of 196.49 feet to a 1 inch iron pipe found in
405	405	the south line of the called 1.580 acre tract conveyed to James H.
406	406	Giammatteo, Jr., by Warranty Deed recorded under Clerk's File
407	407	No. 2008037058 O.P.R. M.C.T. for the northeast corner of said
408	408	called 7.3167 acre tract and a northwest corner of the herein
409	409	described tract;
410	410	THENCE North 86°09'41" East, with the south line of said 1.580
411	411	acre tract, a distance of 30.70 feet to a 5/8 inch iron rod found for
412	412	the southeast corner of said 1.580 acre tract and an interior corner
413	413	of the herein described tract;
414	414	THENCE North 03°49'30" West, with the east line of said 1.580
415	415	acre tract, a distance of 97.99 feet to a 1/2 inch iron pipe found in
416	416	the south line of Block 1 of said Chateau Woods, for the northeast
417	417	corner of said 1.580 acre tract and the most northerly northwest
418	418	corner of said 18.2958 acre tract and the herein described tract;
419	419	THENCE North 86°10'30" East, with the south line of said
420	420	Chateau Woods, a distance of 1000.19 feet to the POINT OF BEGINNING,
421	421	containing 46.673 acres (2,033,071 square feet) of land in
422	422	Montgomery County, Texas.
423	423	SECTION 3. (a) The legal notice of the intention to
424	424	introduce this Act, setting forth the general substance of this
425	425	Act, has been published as provided by law, and the notice and a
426	426	copy of this Act have been furnished to all persons, agencies,
427	427	officials, or entities to which they are required to be furnished
428	428	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
429	429	Government Code.
430	430	(b) The governor, one of the required recipients, has
431	431	submitted the notice and Act to the Texas Commission on
432	432	Environmental Quality.
433	433	(c) The Texas Commission on Environmental Quality has filed
434	434	its recommendations relating to this Act with the governor, the
435	435	lieutenant governor, and the speaker of the house of
436	436	representatives within the required time.
437	437	(d) All requirements of the constitution and laws of this
438	438	state and the rules and procedures of the legislature with respect
439	439	to the notice, introduction, and passage of this Act are fulfilled
440	440	and accomplished.
441	441	SECTION 4. (a) If this Act does not receive a two-thirds
442	442	vote of all the members elected to each house, Subchapter C, Chapter
443	443	7917A, Special District Local Laws Code, as added by Section 1 of
444	444	this Act, is amended by adding Section 7917A.0308 to read as
445	445	follows:
446	446	Sec. 7917A.0308. NO EMINENT DOMAIN POWER. The district may
447	447	not exercise the power of eminent domain.
448	448	(b) This section is not intended to be an expression of a
449	449	legislative interpretation of the requirements of Section 17(c),
450	450	Article I, Texas Constitution.
451	451	SECTION 5. This Act takes effect immediately if it receives
452	452	a vote of two-thirds of all the members elected to each house, as
453	453	provided by Section 39, Article III, Texas Constitution. If this
454	454	Act does not receive the vote necessary for immediate effect, this
455	455	Act takes effect September 1, 2021.