Texas 2021 - 87th Regular

Texas Senate Bill SB2234 Compare Versions

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

Old	New	Differences
1	1	87R18537 ANG-F
2	2	By: Creighton S.B. No. 2234
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. 210; 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 7949A to read as follows:
14	14	CHAPTER 7949A. MONTGOMERY COUNTY MUNICIPAL UTILITY
15	15	DISTRICT NO. 210
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 7949A.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Montgomery County Municipal
23	23	Utility District No. 210.
24	24	Sec. 7949A.0102. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 7949A.0103. CONFIRMATION AND DIRECTOR ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 7949A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section
33	33	7949A.0103 until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district.
37	37	Sec. 7949A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	38	(a) The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, improvement, operation,
44	44	or maintenance of macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 7949A.0106. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act enacting this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act enacting this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	SUBCHAPTER B. BOARD OF DIRECTORS
60	60	Sec. 7949A.0201. GOVERNING BODY; TERMS. (a) The district
61	61	is governed by a board of five elected directors.
62	62	(b) Except as provided by Section 7949A.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 7949A.0202. TEMPORARY DIRECTORS. (a) On or after the
65	65	effective date of the Act enacting this chapter, the owner or owners
66	66	of a majority of the assessed value of the real property in the
67	67	district may submit a petition to the commission requesting that
68	68	the commission appoint as temporary directors the five persons
69	69	named in the petition. The commission shall appoint as temporary
70	70	directors the five persons named in the petition.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 7949A.0103; or
74	74	(2) the fourth anniversary of the effective date of
75	75	the Act enacting this chapter.
76	76	(c) If permanent directors have not been elected under
77	77	Section 7949A.0103 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 7949A.0103; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the commission requesting that the
88	88	commission appoint as successor temporary directors the five
89	89	persons named in the petition. The commission shall appoint as
90	90	successor temporary directors the five persons named in the
91	91	petition.
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 7949A.0301. GENERAL POWERS AND DUTIES. The district
94	94	has the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 7949A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 7949A.0303. AUTHORITY FOR ROAD PROJECTS. Under
102	102	Section 52, Article III, Texas Constitution, the district may
103	103	design, acquire, construct, finance, issue bonds for, improve,
104	104	operate, maintain, and convey to this state, a county, or a
105	105	municipality for operation and maintenance macadamized, graveled,
106	106	or paved roads, or improvements, including storm drainage, in aid
107	107	of those roads.
108	108	Sec. 7949A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
109	109	road project must meet all applicable construction standards,
110	110	zoning and subdivision requirements, and regulations of each
111	111	municipality in whose corporate limits or extraterritorial
112	112	jurisdiction the road project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards,
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 7949A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122	122	ORDINANCE OR RESOLUTION. The district shall comply with all
123	123	applicable requirements of any ordinance or resolution that is
124	124	adopted under Section 54.016 or 54.0165, Water Code, and that
125	125	consents to the creation of the district or to the inclusion of land
126	126	in the district.
127	127	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
128	128	Sec. 7949A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
129	129	The district may issue, without an election, bonds and other
130	130	obligations secured by:
131	131	(1) revenue other than ad valorem taxes; or
132	132	(2) contract payments described by Section
133	133	7949A.0403.
134	134	(b) The district must hold an election in the manner
135	135	provided by Chapters 49 and 54, Water Code, to obtain voter approval
136	136	before the district may impose an ad valorem tax or issue bonds
137	137	payable from ad valorem taxes.
138	138	(c) The district may not issue bonds payable from ad valorem
139	139	taxes to finance a road project unless the issuance is approved by a
140	140	vote of a two-thirds majority of the district voters voting at an
141	141	election held for that purpose.
142	142	Sec. 7949A.0402. OPERATION AND MAINTENANCE TAX. (a) If
143	143	authorized at an election held under Section 7949A.0401, the
144	144	district may impose an operation and maintenance tax on taxable
145	145	property in the district in accordance with Section 49.107, Water
146	146	Code.
147	147	(b) The board shall determine the tax rate. The rate may not
148	148	exceed the rate approved at the election.
149	149	Sec. 7949A.0403. CONTRACT TAXES. (a) In accordance with
150	150	Section 49.108, Water Code, the district may impose a tax other than
151	151	an operation and maintenance tax and use the revenue derived from
152	152	the tax to make payments under a contract after the provisions of
153	153	the contract have been approved by a majority of the district voters
154	154	voting at an election held for that purpose.
155	155	(b) A contract approved by the district voters may contain a
156	156	provision stating that the contract may be modified or amended by
157	157	the board without further voter approval.
158	158	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
159	159	Sec. 7949A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
160	160	OBLIGATIONS. The district may issue bonds or other obligations
161	161	payable wholly or partly from ad valorem taxes, impact fees,
162	162	revenue, contract payments, grants, or other district money, or any
163	163	combination of those sources, to pay for any authorized district
164	164	purpose.
165	165	Sec. 7949A.0502. TAXES FOR BONDS. At the time the district
166	166	issues bonds payable wholly or partly from ad valorem taxes, the
167	167	board shall provide for the annual imposition of a continuing
168	168	direct ad valorem tax, without limit as to rate or amount, while all
169	169	or part of the bonds are outstanding as required and in the manner
170	170	provided by Sections 54.601 and 54.602, Water Code.
171	171	Sec. 7949A.0503. BONDS FOR ROAD PROJECTS. At the time of
172	172	issuance, the total principal amount of bonds or other obligations
173	173	issued or incurred to finance road projects and payable from ad
174	174	valorem taxes may not exceed one-fourth of the assessed value of the
175	175	real property in the district.
176	176	SECTION 2. The Montgomery County Municipal Utility District
177	177	No. 210 initially includes all the territory contained in the
178	178	following area:
179	179	A METES & BOUNDS description of a calculated 473.5 acre tract
180	180	of land situated in the Owen Shannon Survey, Abstract Number 36, and
181	181	the John H. Wood Survey, Abstract Number 603, in Montgomery County,
182	182	Texas, being all of a called 345.548 acre tract (Tract I) conveyed
183	183	to Scott 2012 Trust by deed recorded in Clerk's File
184	184	No. 2013001327, Montgomery County Official Public Records, being
185	185	all of a called 125.758 acre tract, conveyed to Roger Scott and
186	186	wife, Leigh Scott by deed recorded in Clerk's File No. 2006-032563,
187	187	Montgomery County Official Public Records of Real Property, being
188	188	all of a called 7.846 acre tract, conveyed to Roger Scott and wife,
189	189	Leigh Scott by deed recorded in Clerk's File No. 2008-032591,
190	190	Montgomery County Official Public Records of Real Property, and
191	191	being all of a called 1.1319 acre tract conveyed to Scott 2012 Trust
192	192	by deed recorded in Clerk's File No. 2013001327, Montgomery County
193	193	Official Public Records, said 473.5 acre tract being more
194	194	particularly described as follows with all bearings being based on
195	195	the recorded west line of called 345.548 acre tract (Tract 1) as
196	196	recorded under Clerk's File No. 2013001327, Montgomery County
197	197	Official Public Records:
198	198	BEGINNING at a point for corner in the north line of a 74.146
199	199	acre tract recorded in Film Code No. 603-01-1804, Montgomery
200	200	County, Texas and the southeast corner of a residue of a 24.8 acre
201	201	tract recorded in Volume 546, Page 336, Deed Records, Montgomery
202	202	County, Texas;
203	203	THENCE, North 00°20'47" East, 753.89 feet (bearing basis) to a
204	204	point for corner being the northeast corner of above said residue
205	205	tract and the southeast corner of a 17.75 acre tract recorded in
206	206	Film Code No. 270-01-0530, Real Property Records, Montgomery
207	207	County, Texas;
208	208	THENCE, North 00°19'04" East, 2,066.22 feet to a point for
209	209	corner being the northeast corner of above said 17.75 acre tract and
210	210	in the south line of a 74.057 acre tract recorded in Volume 757,
211	211	Page 948, Deed Records, Montgomery County, Texas;
212	212	THENCE, North 89°06'24" East, 613.86 feet to a point for
213	213	corner being the southeast corner of above said 74.507 acre tract;
214	214	THENCE, North 00°38'16" East, 1,613.60 feet to a point for
215	215	corner being the northeast corner of a 51.030 acre tract recorded in
216	216	Film Code No. 302-01-1436, Real Property Records, Montgomery
217	217	County, Texas;
218	218	THENCE, North 89°40'28" West, 2,756.64 feet to a point for
219	219	corner being the northwest corner of above said 51.03 acre tract in
220	220	the east line of a 34.28 acre tract recorded in Film Code
221	221	No. 061-01-0271, Real Property Records;
222	222	THENCE, North 00°00'02" East, 206.69 feet to a point for
223	223	corner in the south line of a 14.0 acre tract recorded in Volume
224	224	441, Page 361, Deed Records, Montgomery County, Texas;
225	225	THENCE, South 89°44'43" East, 458.78 feet to a point for
226	226	corner being the southeast corner of above said 14.0 acre tract and
227	227	the southwest corner of a 33.00 acre tract;
228	228	THENCE, South 88°54'44" East, 813.81 feet to a point for
229	229	corner being the southeast corner of above said 33.00 acre tract and
230	230	the southwest corner of a 4.50 acre tract recorded in Film Code
231	231	No. 111-01-0656, Real Property Records, Montgomery County, Texas;
232	232	THENCE, South 89°56'18" East, 1,485.56 feet to a point for
233	233	corner;
234	234	THENCE, North 89°45'51" East, 132.59 feet to a point for
235	235	corner being the southeast corner of a 27.82 acre tract recorded in
236	236	Film Code No. 207-01-0901, Real Property Records, Montgomery
237	237	County, Texas;
238	238	THENCE, North 00°07'47" East, 2,736.90 feet to a point for
239	239	corner in the east line of above said 27.82 acre tract;
240	240	THENCE, North 00°47'32" East, at 820.20 feet passing the
241	241	northeast corner of above said 27.82 acre tract and continuing in
242	242	all a total distance of 911.80 feet to a point for corner in the
243	243	centerline of Little Lake Creek;
244	244	THENCE, with the centerline of above said creek, the
245	245	following fifty (50) courses and distances:
246	246	1. South 46°32'00" East, 25.00 feet to a point for corner;
247	247	2. North 00°57'00" East, 281.10 feet to a point for corner;
248	248	3. South 85°51'07" East, 187.59 feet to a point for corner;
249	249	4. South 75°26'00" East, 76.50 feet to a point for corner;
250	250	5. South 63°20'00" East, 86.10 feet to a point for corner;
251	251	6. North 73°18'00" East, 76.90 feet to a point for corner;
252	252	7. North 81°41'00" East, 78.10 feet to a point for corner;
253	253	8. South 00°51'00" West, 50.90 feet to a point for corner;
254	254	9. South 56°38'00" West, 126.70 feet to a point for corner;
255	255	10. South 06°56'00" West, 185.50 feet to a point for corner;
256	256	11. South 70°50'00" East, 164.90 feet to a point for corner;
257	257	12. South 48°29'00" East, 35.00 feet to a point for corner;
258	258	13. South 47°41'00" East, 94.60 feet to a point for corner;
259	259	14. South 60°18'00" West, 71.90 feet to a point for corner;
260	260	15. South 18°04'00" West, 32.60 feet to a point for corner;
261	261	16. South 81°53'00" West, 105.00 feet to a point for corner;
262	262	17. South 61°38'00" West, 93.10 feet to a point for corner;
263	263	18. South 47°34'00" East, 138.10 feet to a point for corner;
264	264	19. South 85°49'00" East, 23.90 feet to a point for corner;
265	265	20. South 37°54'00" East, 42.50 feet to a point for corner;
266	266	21. South 06°50'00" West, 74.80 feet to a point for corner;
267	267	22. South 64°49'00" East, 73.30 feet to a point for corner;
268	268	23. South 19°23'00" West, 159.50 feet to a point for corner;
269	269	24. South 16°08'00" East, 235.90 feet to a point for corner;
270	270	25. North 65°12'00" East, 156.10 feet to a point for corner;
271	271	26. South 52°44'00" East, 32.10 feet to a point for corner;
272	272	27. South 17°20'00" West, 31.70 feet to a point for corner;
273	273	28. South 55°10'00" West, 31.90 feet to a point for corner;
274	274	29. South 27°49'00" West, 37.70 feet to a point for corner;
275	275	30. South 49°18'00" East, 59.10 feet to a point for corner;
276	276	31. South 76°46'00" East, 59.10 feet to a point for corner;
277	277	32. North 71°46'00" East, 131.80 feet to a point for corner;
278	278	33. North 48°49'00" West, 67.30 feet to a point for corner;
279	279	34. North 66°26'00" West, 68.20 feet to a point for corner;
280	280	35. North 02°53'00" East, 103.90 feet to a point for corner;
281	281	36. North 59°28'00" East, 129.30 feet to a point for corner;
282	282	37. North 66°53'00" East, 41.60 feet to a point for corner;
283	283	38. South 16°36'00" East, 99.80 feet to a point for corner;
284	284	39. South 29°58'00" East, 62.00 feet to a point for corner;
285	285	40. South 60°31'00" East, 95.70 feet to a point for corner;
286	286	41. North 00°15'00" West, 39.40 feet to a point for corner;
287	287	42. North 42°01'00" East, 134.10 feet to a point for corner;
288	288	43. North 80°53'00" East, 65.10 feet to a point for corner;
289	289	44. South 05°21'00" East, 144.90 feet to a point for corner;
290	290	45. South 01°21'00" West, 55.60 feet to a point for corner;
291	291	46. South 46°03'00" East, 47.60 feet to a point for corner;
292	292	47. North 72°10'00" East, 61.10 feet to a point for corner;
293	293	48. South 87°48'00" East, 61.60 feet to a point for corner;
294	294	49. South 13°42'00" East, 35.00 feet to a point for corner;
295	295	50. South 65°36'00" West, 41.80 feet to a point for corner in the
296	296	201 contour of Lake Conroe (as called for in Clerk's File
297	297	No. 2013001327, Montgomery County Official Public Records);
298	298	THENCE, with the 201 contour of Lake Conroe, the following
299	299	fifty-four (54) courses and distances:
300	300	1. North 46°17'00" West, 13.60 feet to a point for corner;
301	301	2. South 53°50'00" West, 37.60 feet to a point for corner;
302	302	3. South 42°08'00" West, 47.50 feet to a point for corner;
303	303	4. South 26°24'00" West, 76.70 feet to a point for corner;
304	304	5. South 48°35'00" West, 90.00 feet to a point for corner;
305	305	6. South 20°18'00" East, 108.60 feet to a point for corner;
306	306	7. South 05°44'00" East, 97.20 feet to a point for corner;
307	307	8. South 27°14'00" East, 171.90 feet to a point for corner;
308	308	9. South 47°12'00" East, 79.00 feet to a point for corner;
309	309	10. South 54°07'00" East, 93.20 feet to a point for corner;
310	310	11. South 65°12'00" East, 144.00 feet to a point for corner;
311	311	12. South 48°27'00" East, 189.30 feet to a point for corner;
312	312	13. South 29°45'00" East, 70.10 feet to a point for corner;
313	313	14. South 38°05'00" West, 92.30 feet to a point for corner;
314	314	15. South 08°01'00" West, 131.40 feet to a point for corner;
315	315	16. South 70°13'00" East, 54.10 feet to a point for corner;
316	316	17. South 63°03'00" East, 58.50 feet to a point for corner;
317	317	18. North 71°48'00" East, 80.50 feet to a point for corner;
318	318	19. North 41°21'00" East, 74.20 feet to a point for corner;
319	319	20. North 32°02'00" East, 70.00 feet to a point for corner;
320	320	21. South 82°00'00" East, 88.00 feet to a point for corner;
321	321	22. North 56°19'00" East, 50.40 feet to a point for corner;
322	322	23. South 41°56'00" East, 44.40 feet to a point for corner;
323	323	24. South 10°47'00" East, 58.40 feet to a point for corner;
324	324	25. South 83°04'00" West, 112.60 feet to a point for corner;
325	325	26. South 25°03'00" West, 49.20 feet to a point for corner;
326	326	27. South 52°09'00" East, 80.20 feet to a point for corner;
327	327	28. South 46°54'00" East, 50.20 feet to a point for corner;
328	328	29. South 18°30'00" East, 130.60 feet to a point for corner;
329	329	30. South 80°17'00" West, 70.60 feet to a point for corner;
330	330	31. South 58°20'00" West, 57.90 feet to a point for corner;
331	331	32. South 56°08'00" East, 185.90 feet to a point for corner;
332	332	33. South 46°12'00" East, 198.90 feet to a point for corner;
333	333	34. South 65°04'00" East, 125.40 feet to a point for corner;
334	334	35. South 29°05'00" East, 96.50 feet to a point for corner;
335	335	36. South 04°52'00" East, 218.60 feet to a point for corner;
336	336	37. South 16°36'00" East, 130.40 feet to a point for corner;
337	337	38. South 04°28'00" East, 212.40 feet to a point for corner;
338	338	39. South 07°36'00" West, 143.30 feet to a point for corner;
339	339	40. South 00°44'00" West, 127.00 feet to a point for corner;
340	340	41. South 05°01'00" West, 98.10 feet to a point for corner;
341	341	42. South 12°43'00" East, 195.20 feet to a point for corner;
342	342	43. South 23°24'00" East, 177.00 feet to a point for corner;
343	343	44. South 56°38'17" East, 131.37 feet to a point for corner;
344	344	45. South 58°15'45" East, 37.80 feet to a point for corner;
345	345	46. South 19°27'45" East, 78.90 feet to a point for corner;
346	346	47. South 51°53'45" East, 92.70 feet to a point for corner;
347	347	48. South 44°23'45" East, 111.00 feet to a point for corner;
348	348	49. South 75°33'45" East, 102.40 feet to a point for corner;
349	349	50. South 63°58'45" East, 155.10 feet to a point for corner;
350	350	51. South 53°48'45" East, 156.60 feet to a point for corner;
351	351	52. South 29°16'45" East, 188.00 feet to a point for corner;
352	352	53. South 19°12'45" East, 95.10 feet to a point for corner;
353	353	54. South 50°28'56" East, 42.74 feet to a point for corner in the
354	354	west line of F.M. 1097;
355	355	THENCE, with the west line of above said road, the following
356	356	seven (7) courses and distances:
357	357	1. South 31°50'46" West, 300.73 feet to a point for corner;
358	358	2. South 25°46'07" West, 102.95 feet to a point for corner;
359	359	3. South 24°43'00" West, 103.80 feet to a point for corner;
360	360	4. South 11°51'26" West, 314.47 feet to a point for corner;
361	361	5. South 19°21'33" West, 398.89 feet to a point for corner;
362	362	6. South 72°49'24" East, 44.03 feet to a point for corner;
363	363	7. South 16°05'24" West, 579.11 feet to a point for corner being
364	364	the northeast corner of a 10.00 acre tract recorded in File
365	365	No. 8406528, Real Property Records, Montgomery County, Texas;
366	366	THENCE, North 89°40'06" West, 955.80 feet to a point for
367	367	corner being the northwest corner of above said 10.00 acre tract;
368	368	THENCE, South 41°53'13" West, 576.96 feet to a point for
369	369	corner being the northwest corner of a 4.9325 acre tract recorded
370	370	under File No. 9232857, Real Property Records, Montgomery County,
371	371	Texas, being the southwest corner of above said 10.00 acre tract;
372	372	THENCE, South 41°58'16" West, 203.49 feet to a point for
373	373	corner being the southwest corner of above said 4.9325 acre tract,
374	374	the northwest corner of a residue 9.789 acre tract recorded in Film
375	375	Code No. 253-01-1898, Real Property Records, Montgomery County,
376	376	Texas;
377	377	THENCE, South 42°02'16" West, 171.89 feet to a point for
378	378	corner being the northwest corner of a 12.38 acre tract recorded in
379	379	Film Code No. 402-01-1786, Real Property Records, Montgomery
380	380	County, Texas and the southwest corner of above said residue tract;
381	381	THENCE, South 42°04'26" West, 607.87 feet to a point for
382	382	corner in the north line of a 150.00 acre tract recorded in Volume
383	383	233, Page 142, Deed Records, Montgomery County, Texas;
384	384	THENCE, North 88°29'18" West, 339.86 feet to a point for
385	385	corner being the northwest corner of above said 150.00 acre tract
386	386	and a corner of above said 345.548 acre tract;
387	387	THENCE, South 01°25'00" West, 1,433.98 feet to a point for
388	388	corner in the northwest line of F.M. 1097;
389	389	THENCE, with the northwest line of F.M. 1097, the following
390	390	two (2) courses and distances:
391	391	1. South 52°24'11" West, 132.30 feet to a point for corner in the
392	392	northerly line of that certain called 81.23 acre (80.72 net acres)
393	393	tract described in instrument to Sarah Anne Peel Mabry, recorded in
394	394	Volume 683, Page 279 of the Deed Records of Montgomery County,
395	395	Texas, for the southerly southeasterly corner of above said 345.548
396	396	acre tract;
397	397	2. South 44°23'30" West, 473.59 feet severing said 81.23 acre tract
398	398	to a point for corner in the westerly line of said 81.23 acre tract
399	399	for the easterly southeast corner of a called 13.5 acre tract
400	400	described as "Tract 29" in instrument to Joda Mize and Rexina Mize,
401	401	recorded in Clerk's File No. 2015010982, Official Public Records of
402	402	Real Property, Montgomery County, Texas;
403	403	THENCE, North 01°43'03" East, at 347.69 feet passing the
404	404	common westerly corner of said 81.23 acre tract and said above said
405	405	345.548 acre tract and continuing in all a total distance of
406	406	1,236.98 feet to a point for corner, being the northeast corner of a
407	407	14.81 acre tract recorded in Volume 596, Page 81, Deed Records
408	408	Montgomery County, Texas;
409	409	THENCE, North 88°57'34" West, 233.73 feet to a point for
410	410	corner;
411	411	THENCE, North 88°55'24" West, 187.44 feet to a point for
412	412	corner being the northwest corner of above said 14.81 acre tract and
413	413	the northeast corner of above said 74.145 acre tract;
414	414	THENCE, North 88°56'36" West, 556.24 feet to the POINT OF
415	415	BEGINNING, CONTAINING 473.5 acres (20,624,272 square feet) of land
416	416	in Montgomery County, Texas, filed in the office of Manhard
417	417	Consulting, Ltd. in The Woodlands, Texas.
418	418	SECTION 3. (a) The legal notice of the intention to
419	419	introduce this Act, setting forth the general substance of this
420	420	Act, has been published as provided by law, and the notice and a
421	421	copy of this Act have been furnished to all persons, agencies,
422	422	officials, or entities to which they are required to be furnished
423	423	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
424	424	Government Code.
425	425	(b) The governor, one of the required recipients, has
426	426	submitted the notice and Act to the Texas Commission on
427	427	Environmental Quality.
428	428	(c) The Texas Commission on Environmental Quality has filed
429	429	its recommendations relating to this Act with the governor, the
430	430	lieutenant governor, and the speaker of the house of
431	431	representatives within the required time.
432	432	(d) All requirements of the constitution and laws of this
433	433	state and the rules and procedures of the legislature with respect
434	434	to the notice, introduction, and passage of this Act are fulfilled
435	435	and accomplished.
436	436	SECTION 4. (a) If this Act does not receive a two-thirds
437	437	vote of all the members elected to each house, Subchapter C, Chapter
438	438	7949A, Special District Local Laws Code, as added by Section 1 of
439	439	this Act, is amended by adding Section 7949A.0306 to read as
440	440	follows:
441	441	Sec. 7949A.0306. NO EMINENT DOMAIN POWER. The district may
442	442	not exercise the power of eminent domain.
443	443	(b) This section is not intended to be an expression of a
444	444	legislative interpretation of the requirements of Section 17(c),
445	445	Article I, Texas Constitution.
446	446	SECTION 5. This Act takes effect immediately if it receives
447	447	a vote of two-thirds of all the members elected to each house, as
448	448	provided by Section 39, Article III, Texas Constitution. If this
449	449	Act does not receive the vote necessary for immediate effect, this
450	450	Act takes effect September 1, 2021.