Texas 2021 - 87th Regular

Texas Senate Bill SB2235 Compare Versions

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

Old	New	Differences
1	1	87R12733 SGM-F
2	2	By: Creighton S.B. No. 2235
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. 208; 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 7939A to read as follows:
14	14	CHAPTER 7939A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
15	15	NO. 208
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 7939A.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "City" means the City of Conroe, Texas.
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. 208.
25	25	Sec. 7939A.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. 7939A.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. 7939A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
33	33	temporary directors may not hold an election under Section
34	34	7939A.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. 7939A.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. 7939A.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	Sec. 7939A.0107. EFFECT OF ANNEXATION. Notwithstanding any
61	61	other law, if all or part of the territory of the district is
62	62	annexed by the city into the city's corporate limits, the district:
63	63	(1) retains all of the district's outstanding debt and
64	64	obligations; and
65	65	(2) is not dissolved.
66	66	SUBCHAPTER B. BOARD OF DIRECTORS
67	67	Sec. 7939A.0201. GOVERNING BODY; TERMS. (a) The district
68	68	is governed by a board of five elected directors.
69	69	(b) Except as provided by Section 7939A.0202, directors
70	70	serve staggered four-year terms.
71	71	Sec. 7939A.0202. TEMPORARY DIRECTORS. (a) On or after
72	72	September 1, 2021, the owner or owners of a majority of the assessed
73	73	value of the real property in the district may submit a petition to
74	74	the commission requesting that the commission appoint as temporary
75	75	directors the five persons named in the petition. The commission
76	76	shall appoint as temporary directors the five persons named in the
77	77	petition.
78	78	(b) Temporary directors serve until the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 7939A.0103; or
81	81	(2) September 1, 2025.
82	82	(c) If permanent directors have not been elected under
83	83	Section 7939A.0103 and the terms of the temporary directors have
84	84	expired, successor temporary directors shall be appointed or
85	85	reappointed as provided by Subsection (d) to serve terms that
86	86	expire on the earlier of:
87	87	(1) the date permanent directors are elected under
88	88	Section 7939A.0103; or
89	89	(2) the fourth anniversary of the date of the
90	90	appointment or reappointment.
91	91	(d) If Subsection (c) applies, the owner or owners of a
92	92	majority of the assessed value of the real property in the district
93	93	may submit a petition to the commission requesting that the
94	94	commission appoint as successor temporary directors the five
95	95	persons named in the petition. The commission shall appoint as
96	96	successor temporary directors the five persons named in the
97	97	petition.
98	98	SUBCHAPTER C. POWERS AND DUTIES
99	99	Sec. 7939A.0301. GENERAL POWERS AND DUTIES. The district
100	100	has the powers and duties necessary to accomplish the purposes for
101	101	which the district is created.
102	102	Sec. 7939A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
103	103	DUTIES. The district has the powers and duties provided by the
104	104	general law of this state, including Chapters 49 and 54, Water Code,
105	105	applicable to municipal utility districts created under Section 59,
106	106	Article XVI, Texas Constitution.
107	107	Sec. 7939A.0303. AUTHORITY FOR ROAD PROJECTS. Under
108	108	Section 52, Article III, Texas Constitution, the district may
109	109	design, acquire, construct, finance, issue bonds for, improve,
110	110	operate, maintain, and convey to this state, a county, or a
111	111	municipality for operation and maintenance macadamized, graveled,
112	112	or paved roads, or improvements, including storm drainage, in aid
113	113	of those roads.
114	114	Sec. 7939A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
115	115	road project must meet all applicable construction standards,
116	116	zoning and subdivision requirements, and regulations of each
117	117	municipality in whose corporate limits or extraterritorial
118	118	jurisdiction the road project is located.
119	119	(b) If a road project is not located in the corporate limits
120	120	or extraterritorial jurisdiction of a municipality, the road
121	121	project must meet all applicable construction standards,
122	122	subdivision requirements, and regulations of each county in which
123	123	the road project is located.
124	124	(c) If the state will maintain and operate the road, the
125	125	Texas Transportation Commission must approve the plans and
126	126	specifications of the road project.
127	127	Sec. 7939A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
128	128	ORDINANCE OR RESOLUTION. The district shall comply with all
129	129	applicable requirements of any ordinance or resolution that is
130	130	adopted under Section 54.016 or 54.0165, Water Code, and that
131	131	consents to the creation of the district or to the inclusion of land
132	132	in the district.
133	133	Sec. 7939A.0306. 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) Any 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	7939A.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 or among 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) Any new district created by the division of the district
164	164	shall hold a confirmation and directors' election as required by
165	165	Section 7939A.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) Municipal consent to the creation of the district and to
170	170	the inclusion of land in the district granted under Section
171	171	7939A.0104 acts as municipal consent to the creation of any new
172	172	district created by the division of the district and to the
173	173	inclusion of land in the new district.
174	174	(j) Any new district created by the division of the district
175	175	must hold an election as required by this chapter to obtain voter
176	176	approval before the district may impose a maintenance tax or issue
177	177	bonds payable wholly or partly from ad valorem taxes.
178	178	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
179	179	Sec. 7939A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
180	180	The district may issue, without an election, bonds and other
181	181	obligations secured by:
182	182	(1) revenue other than ad valorem taxes; or
183	183	(2) contract payments described by Section
184	184	7939A.0403.
185	185	(b) The district must hold an election in the manner
186	186	provided by Chapters 49 and 54, Water Code, to obtain voter approval
187	187	before the district may impose an ad valorem tax or issue bonds
188	188	payable from ad valorem taxes.
189	189	(c) The district may not issue bonds payable from ad valorem
190	190	taxes to finance a road project unless the issuance is approved by a
191	191	vote of a two-thirds majority of the district voters voting at an
192	192	election held for that purpose.
193	193	Sec. 7939A.0402. OPERATION AND MAINTENANCE TAX. (a) If
194	194	authorized at an election held under Section 7939A.0401, the
195	195	district may impose an operation and maintenance tax on taxable
196	196	property in the district in accordance with Section 49.107, Water
197	197	Code.
198	198	(b) The board shall determine the tax rate. The rate may not
199	199	exceed the rate approved at the election.
200	200	Sec. 7939A.0403. CONTRACT TAXES. (a) In accordance with
201	201	Section 49.108, Water Code, the district may impose a tax other than
202	202	an operation and maintenance tax and use the revenue derived from
203	203	the tax to make payments under a contract after the provisions of
204	204	the contract have been approved by a majority of the district voters
205	205	voting at an election held for that purpose.
206	206	(b) A contract approved by the district voters may contain a
207	207	provision stating that the contract may be modified or amended by
208	208	the board without further voter approval.
209	209	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
210	210	Sec. 7939A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
211	211	OBLIGATIONS. The district may issue bonds or other obligations
212	212	payable wholly or partly from ad valorem taxes, impact fees,
213	213	revenue, contract payments, grants, or other district money, or any
214	214	combination of those sources, to pay for any authorized district
215	215	purpose.
216	216	Sec. 7939A.0502. TAXES FOR BONDS. At the time the district
217	217	issues bonds payable wholly or partly from ad valorem taxes, the
218	218	board shall provide for the annual imposition of a continuing
219	219	direct ad valorem tax, without limit as to rate or amount, while all
220	220	or part of the bonds are outstanding as required and in the manner
221	221	provided by Sections 54.601 and 54.602, Water Code.
222	222	Sec. 7939A.0503. BONDS FOR ROAD PROJECTS. At the time of
223	223	issuance, the total principal amount of bonds or other obligations
224	224	issued or incurred to finance road projects and payable from ad
225	225	valorem taxes may not exceed one-fourth of the assessed value of the
226	226	real property in the district.
227	227	SECTION 2. The Montgomery County Municipal Utility District
228	228	No. 208 initially includes all the territory contained in the
229	229	following area:
230	230	Those four (4) tracts of land described as follows:
231	231	(a) CONROE TRACT ONE.
232	232	Being forty-seven and nine hundred thirty-two-thousandths
233	233	(47.932) acres of land in the James Edwards Survey, A-190,
234	234	Montgomery County, Texas, also being a part of the J. W. Spiller
235	235	tract in same and being more particularly described by metes and
236	236	bounds as follows, to-wit.
237	237	Beginning on the South boundary line of White Oak Manor
238	238	Subdivision as shown in Volume 9, Page 46, Map Records, and being at
239	239	a point S. 61° 32 50" W. 655.3 ft. and N. 76° 32' 45" W. 218.03 ft.
240	240	from the most Easterly corner of said Subdivision, an iron pipe for
241	241	corner in fence;
242	242	Thence N. 76° 32 45" W. 1383.23 ft. along the South line of
243	243	White Oak Manor Subdivision to an iron pipe for corner;
244	244	Thence S. 13° 27' 15" W. 1094.77 ft. to an iron pipe for
245	245	corner;
246	246	Thence S. 76° 32' 45" E. 1601.26 ft. to an iron pipe for
247	247	corner;
248	248	Thence N. 61° 32" 50" E. 1371.02 ft to an iron pipe for corner
249	249	in the West line of Longmire Road;
250	250	Thence N. 27° 21 50" W. 339.35 ft. along the West line of
251	251	Longmire Road to an iron pipe for corner;
252	252	Thence S. 88° 52' 05" W. 600.17 ft. to an iron pipe for corner;
253	253	Thence S. 21° 02 10" E. 126.31 ft. to an iron pipe for corner;
254	254	Thence S. 72° 28' 26" W. 552.9 ft. to an iron pipe for corner;
255	255	Thence N. 3° 00' 24" E. 662.55 ft. to the place of beginning.
256	256	(b) CONROE TRACT TWO:
257	257	All that certain tract or parcel of land out of the Robert
258	258	Marsh Survey A-355, and James Edwards Survey A-189, in Montgomery
259	259	County, Texas being a portion of that certain tract of land conveyed
260	260	to J. W. Spiller and wife by deed recorded in Volume 488, Page 309,
261	261	of the deed records of Montgomery County, Texas, said tract of land
262	262	being more particularly described by metes and bounds as follows:
263	263	Beginning at a 3/4" iron pipe in the North line of the B. D.
264	264	Griffin 424.53 acre tract and at the Southwest corner of that
265	265	certain tract of land conveyed to W. S. Lampton Jr by deed recorded
266	266	in Volume 665, Page 538, for the Southeast corner hereof, from which
267	267	a 12" Elm marked X bears N 45° 00' W, 26.8 ft. and a 14" Ash marked X
268	268	bears N 10° 30' E, 36.8 ft.;
269	269	THENCE: Along the B. D. Griffin North line S 74° 49' 52" W, for
270	270	a distance of 1624.6 ft. to a 1/2" iron rod for the Southeast corner
271	271	of a 10.15 acre San Jacinto River Authority tract and the Southwest
272	272	corner hereof;
273	273	THENCE: Along the West line of the said San Jacinto River
274	274	Authority tract N 25° 06' 20" W. for a distance of 1186.30 ft. to a
275	275	yellow painted stake on the East bank of the San Jacinto River;
276	276	THENCE: Along the East bank of the San Jacinto River the
277	277	following courses:
278	278	(1) N 4° 07' E, 67.38 ft. to a yellow stake;
279	279	(2) N 25° 34' 17" E 59.58 ft. to a yellow stake;
280	280	(3) N 59° 49' 55" E, 117.87 ft. to a yellow stake;
281	281	(4) N 26° 41 17" E, 191.76 ft. to a yellow stake;
282	282	(5) N. 23° 46' 46" W, 50.44 ft. to a 1/2" iron stake in the
283	283	North line hereof;
284	284	THENCE: N 62° 01 12" E, along the North line hereof for a
285	285	distance of 1573.79 ft. to a 3/4" iron pipe at the Northwest corner
286	286	of the aforementioned W. S. Lampton tract and the Northeast corner
287	287	hereof, from which a 14" Sweet Gum marked X bears S 66° 45" E, 197.5
288	288	ft. and a 10" Red Oak marked X bears S 75° 30' E, 212.9 ft.;
289	289	THENCE: Along the West line of the said Lampton tract S 15° 08'
290	290	51" E. for a distance of 1849.4 ft. to the place of beginning and
291	291	containing 65.153 acres of land.
292	292	(c) CONROE TRACT THREE:
293	293	Being 7.5 acres of land in the James Edwards Survey, Abstract
294	294	No. 190 in Montgomery County, Texas, and being the North 1/2 of that
295	295	certain 15 acre tract described in Volume 646, Page 52 of the Deed
296	296	Records of Montgomery County, Texas, and being more particularly
297	297	described by metes and bounds as follows, to-wit:
298	298	BEGINNING at the northwest corner of the above mentioned 15
299	299	acre tract a stake for corner in the center of a 60 foot roadway from
300	300	which a 5/8" iron rod bears South 15° 09' East 30 feet;
301	301	THENCE North 74° 56' East 705.6 feet along the center line of
302	302	the above mentioned 60 foot roadway and the North line of said 15
303	303	acre tract to the Northeast corner of said 15 acre tract being the
304	304	northeast corner of the tract here described;
305	305	THENCE South 27° 37' East 444.0 feet along the East line of
306	306	said 15 acre tract and the West line of Longmire Road to the 5/8"
307	307	iron rod for the Southeast corner of the tract here described;
308	308	THENCE South 74° 56' West 802.5 feet to a 5/8" iron rod for
309	309	corner in the West line of said 15 acre tract for the Southwest
310	310	corner of the tract here described;
311	311	THENCE North 15° 04 West 433.4 feet along the West line of
312	312	said 15 acre tract to the PLACE OF BEGINNING.
313	313	(d) CONROE TRACT FOUR:
314	314	All that certain tract or parcel of land in the JAMES EDWARDS
315	315	SURVEY, ABSTRACT 190, the JAMES EDWARDS SURVEY, ABSTRACT 189, and
316	316	the ROBERT MARSH SURVEY, ABSTRACT 355, Montgomery County, Texas,
317	317	and being the same premises conveyed by J. W. Spiller, et ux. to W.
318	318	S. Lampton, Jr., Trustee, by Deed dated July 8, 1968, recorded in
319	319	Volume 665, Page 538, Deed Records of Montgomery County, Texas, and
320	320	being more particularly described by metes and bounds as follows,
321	321	to-wit.
322	322	BEGINNING at the most Northeasterly corner of a 625 acre
323	323	tract of land conveyed by J. W. Spiller to John Ben Williamson, by
324	324	Deed dated September 22, 1960, recorded in Volume 488, Page 313,
325	325	Deed Records of Montgomery County, Texas, said corner being in the
326	326	center of Longmire Road;
327	327	THENCE South 74 degrees 54 minutes West 2378.8 feet along the
328	328	North line of above mentioned 625 acre tract to the North Boundary
329	329	Line of the Robert Marsh Survey, an iron pipe for corner from which
330	330	a 12 inch Pine bears South 51 degrees 30 minutes West 8.4 feet, a 5
331	331	inch Red Oak bears South 11 degrees 30 minutes East 3.0 Feet, and an
332	332	11 inch Red Oak bears South 82 degrees 30 minutes East 19.0 feet;
333	333	THENCE North 74 degrees 35 minutes 15 seconds West 2222.6
334	334	feet along the North boundary of the Marsh and the South Line of the
335	335	upper James Edwards Survey, to an iron pipe for corner from which a
336	336	34 inch Pine bears South 37 degrees 30 minutes West 55 4 feet and a
337	337	10 inch Pine bears North 37 degrees East 64.4 feet, this corner also
338	338	being a corner of a 625 acre tract;
339	339	THENCE South 75 degrees 00 minutes West 5363.8 feet along the
340	340	North boundary of 625 acre tract to a 3/4 inch iron pipe for corner
341	341	at a point North 75 degrees East 2090.98 feet from the Northwest
342	342	corner of 625 acre tract, a 10 inch Elm bears North 47 degrees West
343	343	26.0 feet and a 12 inch Ash bears North 10 degrees East 36.8 feet;
344	344	THENCE North 15 degrees 02 minutes 30 seconds West 1849.6
345	345	feet to a 3/4 inch iron pipe for corner from which a 40 inch Pin Oak
346	346	bears South 44 degrees 37 minutes East 214.0 feet and a 14 inch
347	347	Sweet Gum bears South 36 degrees 36 minutes East 197.7 feet, this
348	348	corner being in the Southeast Line of the San Jacinto River
349	349	Authority 87.22 acre tract;
350	350	THENCE North 62 degrees 08 minutes 50 seconds East 1669.22
351	351	feet along the South line of 87.22 acre tract to the East Corner of
352	352	same, a 3/4 inch iron pipe for corner from which a 36 inch Pin Oak
353	353	bears North 86 degrees West 19.5 feet;
354	354	THENCE South 73 degrees 24 minutes 40 seconds East 1665.34
355	355	feet along the South line of the M. E. Paddock 226 acres and the
356	356	South line of the M. L. Duke 27 acres to an axle for the Southeast
357	357	Corder of the Duke track;
358	358	THENCE North 16 degrees 09 minutes East 2027.2 feet along
359	359	Duke a East line to an axle for corner;
360	360	THENCE North 82 degrees 23 minutes 15 seconds East 1716.09
361	361	feet along the South line of the Calfee 22.8 acre tract to a stake
362	362	for the Southeast Corner of same. an old axle bears South 82 degrees
363	363	25 minutes West 1.5 feet;
364	364	THENCE South 13 degrees 23 minutes West 778.43 feet along the
365	365	West line of the Al Goode 88.356 acre tract to a 10 inch creosote
366	366	post for the Southwest Corner of same. a 10 inch Hickory bears North
367	367	05 degrees East 22.0 feet and a 6 inch Red Oak bears South 65 degrees
368	368	West 14.0 feet.
369	369	THENCE South 76 degrees 32 minutes 45 seconds East 2033.39
370	370	feet along Goode's South Line to a 3/4 inch iron pipe for the
371	371	Northwest Corner of the Spiller 59.195 acre tract.
372	372	THENCE South 13 degrees 27 minutes 15 seconds West 1094.77
373	373	feet to a 3/4 inch iron pipe for the Southwest Corder of the Spiller
374	374	59 195 acre tract.
375	375	THENCE South 76 degrees 32 minutes 45 seconds East 1601.26
376	376	feet to a 3/4 inch iron pipe for the most Southerly corner of the
377	377	Spiller 59.195 acre tract;
378	378	THENCE North 61 degrees 32 minutes 50 seconds East at 1370.97
379	379	feet pass a 2 inch iron pipe in the West side of a blacktop road and
380	380	continue in all 1395.57 feet to a point in center of said blacktop
381	381	road for the Southeast corner of Spiller 59.195 acre tract;
382	382	THENCE South 27 degrees 21 minutes 50 seconds East 950.52
383	383	feet along center of said blacktop road to the place of BEGINNING,
384	384	and containing 410.539 acres of land.
385	385	Less and Except
386	386	Pine Valley Drive, a subdivision of 14.684 acres of land in the
387	387	James Edwards Survey A-190, Montgomery County, Texas as per the
388	388	dedication plat dated February 28, 2017, Document #2017016271,
389	389	Cabinet 00Z, Sheet 4409.
390	390	Less and Except
391	391	20.000 ACRES
392	392	871,200 SQUARE FEET
393	393	JAMES EDWARDS SURVEY
394	394	ABSTRACT NO. 190
395	395	MONTGOMERY COUNTY, TEXAS
396	396	FIELD NOTE DESCRIPTION of a 20.000 acre (871,200 square foot)
397	397	tract of land located in the James Edwards Survey, Abstract Number
398	398	190, Montgomery County, Texas and said 20.000 acre tract of land
399	399	being out of and a part of the southerly remainder of Conroe Tract
400	400	One, a called 47.932 acre tract and the remainder of Conroe Tract
401	401	Four, a called 410.539 acre tract described in the deed to Conroe
402	402	Venture, Ltd., recorded under Montgomery County Clerk's File Number
403	403	(M.C.C.F. No.) 9149317, said 20.000 acre tract being more
404	404	particularly described by metes and bounds as follows: (The
405	405	bearings described herein are oriented to the Texas Coordinate
406	406	System, South Central Zone, NAD 1983.)
407	407	COMMENCING at the easterly end of a curved cut-back for the
408	408	southwest corner of the intersection of the southwesterly
409	409	Right-of-Way (R.O.W.) line of Longmire Road (based on a variable
410	410	width) recorded under Volume (Vol.) 665, Page (Pg.) 538 of the
411	411	Montgomery County Deed Records (M.C.D.R.), Cabinet "N", Sheet 65 of
412	412	the Montgomery County Plat Records (M.C.P.R.) and M.C.C.F. Nos.
413	413	2002-051191, 2009-013167, 2012-011629, 2012-0116630 and
414	414	2012-011632 and the southerly R.O.W. line of Pine Valley Drive
415	415	(based on a variable width) recorded under File No. 2017016271
416	416	M.C.P.R., from which a 5/8-inch iron rod with cap stamped "Jeff Moon
417	417	RPLS 4639" found bears, South 80 degrees 52 minutes West, 1.31 feet;
418	418	THENCE, in a northwesterly direction, along a curve to the
419	419	left, along said curved cut-back, having a radius of 25.00 feet, a
420	420	central angle of 91 degrees 06 minutes 39 seconds (chord bears,
421	421	North 75 degrees 11 minutes 42 seconds West, 35.70 feet) and an arc
422	422	distance of 39.75 feet, to the westerly end of said curved cut-back;
423	423	THENCE, South 59 degrees 14 minutes 58 seconds West,
424	424	departing the southwesterly R.O.W. line of aforesaid Longmire Road
425	425	and along the southerly R.O.W. line of aforesaid Pine Valley Drive,
426	426	a distance of 289.13 feet, to the beginning of a tangent curve to
427	427	the right in said southerly R.O.W. line of said Pine Valley Drive;
428	428	THENCE, in a southwesterly direction, along a curve said the
429	429	right, continuing along the southerly R.O.W. line of said Pine
430	430	Valley Drive, having a radius of 1,254.00 feet, a central angle of
431	431	10 degrees 02 minutes 54 seconds (chord bears, South 64 degrees 16
432	432	minutes 25 seconds West, 219.64 feet) and an arc distance of 219.92
433	433	feet, to a 5/8-inch iron rod with orange plastic cap stamped "West
434	434	Belt Surveying Inc" set marking the POINT OF BEGINNING and the
435	435	northeast corner of the herein described tract;
436	436	THENCE, South 18 degrees 32 minutes 04 seconds East,
437	437	departing the southerly R.O.W. line of said Pine Valley Drive and
438	438	over and across aforesaid remainder of a called 410.539 acre tract,
439	439	a distance of 620.93 feet, to a 1/2-inch iron rod found in the
440	440	southerly line of said remainder of a called 410.539 acre tract and
441	441	marking the northwest corner of Conroe Tract Three, a called 7.5
442	442	acre tract described in the deed to Conroe Venture, Ltd., recorded
443	443	under M.C.C.F. No. 9149317, and the northeast corner of the called
444	444	3.979 acre tract described in the deed to Charles P. Peters, III and
445	445	wife, Judith S. Peters, recorded under M.C.C.F. No. 9143598 and the
446	446	southeast corner of the herein described tract;
447	447	THENCE, South 71 degrees 30 minutes 55 seconds West, along
448	448	the southerly line of said remainder of a called 410.539 acre tract,
449	449	a distance of 1,225.27 feet, to a 5/8-inch iron rod with orange
450	450	plastic cap stamped "West Belt Surveying Inc" set in the northerly
451	451	line of the called 7.4806 acre tract described in the deed to
452	452	William Lewis Pattillo, II1 and wife, Theresa Marcelle Pattillo
453	453	recorded under M.C.C.F. No. 2005-137433 common with the northerly
454	454	line of said remainder of a called 410.539 acre tract and marking
455	455	the southwest corner of the herein described tract;
456	456	THENCE, North 18 degrees 29 minutes 05 seconds West,
457	457	departing said common line and over and across said remainder of a
458	458	called 410.539 acre tract, a distance of 504.76 feet, to a 5/8-inch
459	459	iron rod with orange plastic cap stamped "West Belt Surveying Inc"
460	460	set marking an angle in the westerly line of the herein described
461	461	tract;
462	462	THENCE, North 22 degrees 10 minutes 43 seconds East,
463	463	continuing over and across said remainder of a called 410.539 acre
464	464	tract and over and across aforesaid southerly remainder of a called
465	465	47.932 acre tract, a distance of 551.06 feet, to a 5/8-inch iron rod
466	466	with orange plastic cap stamped "West Belt Surveying Inc" set in the
467	467	southerly R.O.W. line of aforesaid Pine Valley Drive and marking an
468	468	the beginning of a non-tangent curve to the left and the northwest
469	469	corner of the herein described tract;
470	470	THENCE, in an easterly direction, along said curve to the
471	471	left, having a radius of 1,254.00 feet, a central angle of 42
472	472	degrees 52 minutes 51 seconds (chord bears, South 89 degrees 15
473	473	minutes 42 seconds East, 916.76 feet) and an arc distance of 938.51
474	474	feet, to the POINT OF BEGINNING and containing a computed area of
475	475	20.000 acres (871,200 square feet) of land as depicted on the Land
476	476	Title Survey dated: August 2, 2019, prepared by West Belt
477	477	Surveying, Inc., Project No. S945-0004A.
478	478	SECTION 3. (a) The legal notice of the intention to
479	479	introduce this Act, setting forth the general substance of this
480	480	Act, has been published as provided by law, and the notice and a
481	481	copy of this Act have been furnished to all persons, agencies,
482	482	officials, or entities to which they are required to be furnished
483	483	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
484	484	Government Code.
485	485	(b) The governor, one of the required recipients, has
486	486	submitted the notice and Act to the Texas Commission on
487	487	Environmental Quality.
488	488	(c) The Texas Commission on Environmental Quality has filed
489	489	its recommendations relating to this Act with the governor, the
490	490	lieutenant governor, and the speaker of the house of
491	491	representatives within the required time.
492	492	(d) All requirements of the constitution and laws of this
493	493	state and the rules and procedures of the legislature with respect
494	494	to the notice, introduction, and passage of this Act are fulfilled
495	495	and accomplished.
496	496	SECTION 4. (a) If this Act does not receive a two-thirds
497	497	vote of all the members elected to each house, Subchapter C, Chapter
498	498	7939A, Special District Local Laws Code, as added by Section 1 of
499	499	this Act, is amended by adding Section 7939A.0307 to read as
500	500	follows:
501	501	Sec. 7939A.0307. NO EMINENT DOMAIN POWER. The district may
502	502	not exercise the power of eminent domain.
503	503	(b) This section is not intended to be an expression of a
504	504	legislative interpretation of the requirements of Section 17(c),
505	505	Article I, Texas Constitution.
506	506	SECTION 5. This Act takes effect September 1, 2021.