Texas 2021 - 87th Regular

Texas Senate Bill SB2250 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R17122 ANG-F
1	2		By: Springer S.B. No. 2250
2		-	(In the Senate - Filed May 5, 2021; May 6, 2021, read first
3		-	time and referred to Committee on Local Government; May 19, 2021,
4		-	reported adversely, with favorable Committee Substitute by the
5		-	following vote: Yeas 9, Nays 0; May 19, 2021, sent to printer.)
6		-	Click here to see the committee vote
7		-	COMMITTEE SUBSTITUTE FOR S.B. No. 2250 By: Springer
8	3
9	4
10	5		A BILL TO BE ENTITLED
11	6		AN ACT
12	7		relating to the creation of the East Collin County Municipal
13	8		Utility District No. 1; granting a limited power of eminent domain;
14	9		providing authority to issue bonds; providing authority to impose
15	10		assessments, fees, and taxes.
16	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
18	13		Code, is amended by adding Chapter 7938A to read as follows:
19	14		CHAPTER 7938A. EAST COLLIN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
20	15		SUBCHAPTER A. GENERAL PROVISIONS
21	16		Sec. 7938A.0101. DEFINITIONS. In this chapter:
22	17		(1) "Board" means the district's board of directors.
23	18		(2) "Commission" means the Texas Commission on
24	19		Environmental Quality.
25	20		(3) "Director" means a board member.
26	21		(4) "District" means the East Collin County Municipal
27	22		Utility District No. 1.
28	23		Sec. 7938A.0102. NATURE OF DISTRICT. The district is a
29	24		municipal utility district created under Section 59, Article XVI,
30	25		Texas Constitution.
31	26		Sec. 7938A.0103. CONFIRMATION AND DIRECTOR ELECTION
32	27		REQUIRED. The temporary directors shall hold an election to
33	28		confirm the creation of the district and to elect five permanent
34	29		directors as provided by Section 49.102, Water Code.
35	30		Sec. 7938A.0104. CONDITIONS PRECEDENT TO CONFIRMATION
36	31		ELECTION. (a) The temporary directors may not hold an election
37	32		under Section 7938A.0103 until:
38	33		(1) each municipality in whose corporate limits or
39	34		extraterritorial jurisdiction the district is located has
40	35		consented by ordinance or resolution to the creation of the
41	36		district and to the inclusion of land in the district; and
42	37		(2) the district has entered into a contract with a
43	38		municipality, Collin County, or another entity:
44		-	(A) for adequate supplemental police, fire,
45		-	emergency~~, and animal control~~ services for the district; and
	39	+	(A) for adequate supplemental police, fire, and
	40	+	emergency services for the district; and
46	41		(B) that is approved by the Commissioners Court
47	42		of Collin County under Subsection (c).
48	43		(b) A contract under Subsection (a) may include a provision
49	44		that the contract takes effect only on the approval of the
50	45		Commissioners Court of Collin County and the voters in the district
51	46		voting in an election held for that purpose.
52	47		(c) The Commissioners Court of Collin County shall review a
53	48		contract under Subsection (a) and evaluate the supplemental police,
54		-	fire, emergency, and animal control services provided in the
55		-	contract. If the commissioners court determines that the contract
56		-	provides adequate services, the commissioners court shall adopt a
57		-	resolution stating that the contract has met the requirements of
58		-	Subsection (a).
	49	+	fire, and emergency services provided in the contract. If the
	50	+	commissioners court determines that the contract provides adequate
	51	+	services, the commissioners court shall adopt a resolution stating
	52	+	that the contract has met the requirements of Subsection (a).
59	53		Sec. 7938A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
60	54		(a) The district is created to serve a public purpose and benefit.
61	55		(b) The district is created to accomplish the purposes of:
62	56		(1) a municipal utility district as provided by
63	57		general law and Section 59, Article XVI, Texas Constitution; and
64	58		(2) Section 52, Article III, Texas Constitution, that
65	59		relate to the construction, acquisition, improvement, operation,
66	60		or maintenance of macadamized, graveled, or paved roads, or
67	61		improvements, including storm drainage, in aid of those roads.
68	62		Sec. 7938A.0106. INITIAL DISTRICT TERRITORY. (a) The
69	63		district is initially composed of the territory described by
70	64		Section 2 of the Act enacting this chapter.
71	65		(b) The boundaries and field notes contained in Section 2 of
72	66		the Act enacting this chapter form a closure. A mistake made in the
73	67		field notes or in copying the field notes in the legislative process
74	68		does not affect the district's:
75	69		(1) organization, existence, or validity;
76	70		(2) right to issue any type of bond for the purposes
77	71		for which the district is created or to pay the principal of and
78	72		interest on a bond;
79	73		(3) right to impose a tax; or
80	74		(4) legality or operation.
81	75		SUBCHAPTER B. BOARD OF DIRECTORS
82	76		Sec. 7938A.0201. GOVERNING BODY; TERMS. (a) The district
83	77		is governed by a board of five elected directors.
84	78		(b) Except as provided by Section 7938A.0202, directors
85	79		serve staggered four-year terms.
86	80		Sec. 7938A.0202. TEMPORARY DIRECTORS. (a) On or after the
87	81		effective date of the Act enacting this chapter, the owner or owners
88	82		of a majority of the assessed value of the real property in the
89	83		district may submit a petition to the commission requesting that
90	84		the commission appoint as temporary directors the five persons
91	85		named in the petition. The commission shall appoint as temporary
92	86		directors the five persons named in the petition.
93	87		(b) Temporary directors serve until the earlier of:
94	88		(1) the date permanent directors are elected under
95	89		Section 7938A.0103; or
96	90		(2) the fourth anniversary of the effective date of
97	91		the Act enacting this chapter.
98	92		(c) If permanent directors have not been elected under
99	93		Section 7938A.0103 and the terms of the temporary directors have
100	94		expired, successor temporary directors shall be appointed or
101	95		reappointed as provided by Subsection (d) to serve terms that
102	96		expire on the earlier of:
103	97		(1) the date permanent directors are elected under
104	98		Section 7938A.0103; or
105	99		(2) the fourth anniversary of the date of the
106	100		appointment or reappointment.
107	101		(d) If Subsection (c) applies, the owner or owners of a
108	102		majority of the assessed value of the real property in the district
109	103		may submit a petition to the commission requesting that the
110	104		commission appoint as successor temporary directors the five
111	105		persons named in the petition. The commission shall appoint as
112	106		successor temporary directors the five persons named in the
113	107		petition.
114	108		SUBCHAPTER C. POWERS AND DUTIES
115	109		Sec. 7938A.0301. GENERAL POWERS AND DUTIES. The district
116	110		has the powers and duties necessary to accomplish the purposes for
117	111		which the district is created.
118	112		Sec. 7938A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
119	113		DUTIES. The district has the powers and duties provided by the
120	114		general law of this state, including Chapters 49 and 54, Water Code,
121	115		applicable to municipal utility districts created under Section 59,
122	116		Article XVI, Texas Constitution.
123	117		Sec. 7938A.0303. AUTHORITY FOR ROAD PROJECTS. Under
124	118		Section 52, Article III, Texas Constitution, the district may
125	119		design, acquire, construct, finance, issue bonds for, improve,
126	120		operate, maintain, and convey to this state, a county, or a
127	121		municipality for operation and maintenance macadamized, graveled,
128	122		or paved roads, or improvements, including storm drainage, in aid
129	123		of those roads.
130	124		Sec. 7938A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
131	125		road project must meet all applicable construction standards,
132	126		zoning and subdivision requirements, and regulations of each
133	127		municipality in whose corporate limits or extraterritorial
134	128		jurisdiction the road project is located.
135	129		(b) If a road project is not located in the corporate limits
136	130		or extraterritorial jurisdiction of a municipality, the road
137	131		project must meet all applicable construction standards,
138	132		subdivision requirements, and regulations of each county in which
139	133		the road project is located.
140	134		(c) If the state will maintain and operate the road, the
141	135		Texas Transportation Commission must approve the plans and
142	136		specifications of the road project.
143	137		(d) The district shall maintain all roads that the district
144	138		constructs except for roads constructed by the district that
145	139		another governmental entity agrees to maintain.
146	140		Sec. 7938A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
147	141		ORDINANCE OR RESOLUTION. The district shall comply with all
148	142		applicable requirements of any ordinance or resolution that is
149	143		adopted under Section 54.016 or 54.0165, Water Code, and that
150	144		consents to the creation of the district or to the inclusion of land
151	145		in the district.
	146	+	Sec. 7938A.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
	147	+	district may not exercise the power of eminent domain outside the
	148	+	district boundaries to acquire a site or easement for:
	149	+	(1) a recreational facility, as defined by Section
	150	+	49.462, Water Code; or
	151	+	(2) a road project authorized by Section 7938A.0303.
152	152		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
153	153		Sec. 7938A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
154	154		The district may issue, without an election, bonds and other
155	155		obligations secured by:
156	156		(1) revenue other than ad valorem taxes; or
157	157		(2) contract payments described by Section
158	158		7938A.0403.
159	159		(b) The district must hold an election in the manner
160	160		provided by Chapters 49 and 54, Water Code, to obtain voter approval
161	161		before the district may impose an ad valorem tax or issue bonds
162	162		payable from ad valorem taxes.
163	163		(c) The district may not issue bonds payable from ad valorem
164	164		taxes to finance a road project unless the issuance is approved by a
165	165		vote of a two-thirds majority of the district voters voting at an
166	166		election held for that purpose.
167	167		Sec. 7938A.0402. OPERATION AND MAINTENANCE TAX. (a) If
168	168		authorized at an election held under Section 7938A.0401, the
169	169		district may impose an operation and maintenance tax on taxable
170	170		property in the district in accordance with Section 49.107, Water
171	171		Code.
172	172		(b) The board shall determine the tax rate. The rate may not
173	173		exceed the rate approved at the election.
174	174		Sec. 7938A.0403. CONTRACT TAXES. (a) In accordance with
175	175		Section 49.108, Water Code, the district may impose a tax other than
176	176		an operation and maintenance tax and use the revenue derived from
177	177		the tax to make payments under a contract after the provisions of
178	178		the contract have been approved by a majority of the district voters
179	179		voting at an election held for that purpose.
180	180		(b) A contract approved by the district voters may contain a
181	181		provision stating that the contract may be modified or amended by
182	182		the board without further voter approval.
183	183		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
184	184		Sec. 7938A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
185	185		OBLIGATIONS. The district may issue bonds or other obligations
186	186		payable wholly or partly from ad valorem taxes, impact fees,
187	187		revenue, contract payments, grants, or other district money, or any
188	188		combination of those sources, to pay for any authorized district
189	189		purpose.
190	190		Sec. 7938A.0502. TAXES FOR BONDS. At the time the district
191	191		issues bonds payable wholly or partly from ad valorem taxes, the
192	192		board shall provide for the annual imposition of a continuing
193	193		direct ad valorem tax, without limit as to rate or amount, while all
194	194		or part of the bonds are outstanding as required and in the manner
195	195		provided by Sections 54.601 and 54.602, Water Code.
196	196		Sec. 7938A.0503. BONDS FOR ROAD PROJECTS. At the time of
197	197		issuance, the total principal amount of bonds or other obligations
198	198		issued or incurred to finance road projects and payable from ad
199	199		valorem taxes may not exceed one-fourth of the assessed value of the
200	200		real property in the district.
201	201		SECTION 2. The East Collin County Municipal Utility
202	202		District No. 1 initially includes all the territory contained in
203	203		the following area:
204	204		TRACT 1 PROPERTY DESCRIPTION:
205	205		BEING 183.834 acres of land situated in the H. Walters
206	206		Survey, Abstract No. 958, Collin County, Texas and being all of a
207	207		183.753 acre tract of land described in a Deed of Trust executed by
208	208		Carl Raymond Montgomery and wife, Rheda Beth Montgomery to Paul
209	209		Bennett or James Blakey, trustees, recorded in Volume 2292, Page
210	210		279 of the Deed Records of Collin County, Texas (DRCCT) and this
211	211		tract being more particularly described as follows:
212	212		BEGINNING at a point for corner in a Bois D'Arc tree in the
213	213		south line of a 73.279 acre tract described in a Deed to Marilyn
214	214		Rice, recorded in Volume 1732, Page 369 (DRCCT), at the northwest
215	215		corner of said 183.753 acre tract common to the northeast corner of
216	216		a 43.635 acre tract of land described in a Deed to Raymon Webb
217	217		Montgomery and Christa Carol Montgomery, recorded as Instrument
218	218		No. 20131125001578440 (DRCCT), from which a steel fence post found
219	219		for reference bears South 02°54'15" East a distance of 3.23 feet;
220	220		THENCE South 89°54'18" East, along the north line of said
221	221		183.753 acre tract common to the south line of said 73.279 acre
222	222		tract, a distance of 372.95 feet, to a 5/8" iron rod with a yellow
223	223		cap, stamped "RPLS 3963", set at an angle point thereof;
224	224		THENCE South 89°57'56" East, along the north line of said
225	225		183.753 acre tract common to the south lines of said 73.279 acre
226	226		tract and the south line of a 33.279 acre tract of land described in
227	227		a Deed to Amy Warren, recorded as Instrument No. 20080812000981780
228	228		(DRCCT), a distance of 1003.73 feet, to a 5/8" iron rod found for
229	229		corner near the center of a creek at an exterior ell corner of said
230	230		183.753 acre tract common to an interior ell corner of said 33.279
231	231		acre tract;
232	232		THENCE Southeasterly, along the common lines of said 183.753
233	233		acre tract and 33.279 acre tract, the following courses:
234	234		South 00°09'50" West, a distance of 65.91 feet, to a 5/8" iron
235	235		rod found for corner;
236	236		South 75°09'08" East, a distance of 718.73 feet, to a point
237	237		for corner in a west line of a 36.1891 acre tract described in a Deed
238	238		to Gene Doc Sohn and Sun Young Choi, husband and wife, and
239	239		Kyoungjoon Cho and Eun Young Choi, husband and wife, recorded as
240	240		Instrument No. 20141113001243240 (DRCCT) at the northeast corner
241	241		of said 183.753 acre tract common to a south corner of said 33.279
242	242		acre tract, from which a 60D Nail, set for reference bears South
243	243		13°38'28" East a distance of 26.03 feet;
244	244		THENCE along the common lines of said 183.753 acre tract and
245	245		said 36.1891 acre tract, the following courses:
246	246		South 00°53'07" West, a distance of 32.60 feet, to a 5/8" iron
247	247		rod found for corner;
248	248		South 82°38'52" West, a distance of 22.40 feet, to a 5/8" iron
249	249		rod found for corner;
250	250		THENCE South 00°12'03" West, along an east line of said
251	251		183.753 acre tract common to the west lines of said 36.1891 acre
252	252		tract, a 50.001 acre tract described in a Deed to David Reeder and
253	253		wife, Becky Reeder, recorded as Instrument No. 92-0071701 (DRCCT),
254	254		and Spencers Estates Addition, an Addition to Collin County,
255	255		Texas, recorded in Cabinet H, Slide 622 of the Plat Records of
256	256		Collin County, Texas (PRCCT), respectively, a distance of 3528.84
257	257		feet, to a 1/2" iron rod found for corner in the north right-of-way
258	258		line of FM 1778 (a 90' a right-of-way) at the southeast corner of
259	259		said 183.753 acre tract common to the southwest corner of last
260	260		mentioned Addition;
261	261		THENCE South 86°40'47" West, along a south line of said
262	262		183.753 acre tract common to the north right-of-way line of said FM
263	263		1778, a distance of distance of 430.99 feet, to a 5/8" iron rod with
264	264		a yellow cap, stamped "RPLS 3963", set for corner at an exterior ell
265	265		corner of said 183.753 acre tract common to the southeast corner of
266	266		a 2.00 acre tract described in a Deed to Raymon W. Montgomery,
267	267		recorded in Volume 2990, Page 495 (DRCCT);
268	268		THENCE along common lines of said 183.753 acre tract and said
269	269		2.00 acre tract, the following courses:
270	270		North 00°42'56" West, a distance of 540.84 feet, to a 5/8"
271	271		iron rod found for corner;
272	272		South 85°10'46" West, a distance of 161.95 feet, to a 1/2"
273	273		iron rod found for corner;
274	274		South 00°43'58" East, a distance of 540.10 feet, to a 5/8"
275	275		iron rod with a yellow cap, stamped "RPLS 3963", set for corner in
276	276		the north right-of-way line of said FM 1778 at an exterior ell
277	277		corner of said 183.753 acre tract common to the southwest corner of
278	278		said 2.00 acre tract;
279	279		THENCE along the common lines of said 183.753 acre tract and
280	280		the right-of-way lines of said FM 1778, the following courses:
281	281		South 85°09'47" West, a distance of 358.92 feet, to a 5/8"
282	282		iron rod found for corner at the beginning of a tangent curve to the
283	283		right, having a radius of 2820.26 feet, and a chord which bears
284	284		South 87°45'47" West a distance of 255.85 feet;
285	285		Southwesterly, along said curve to the right, having a
286	286		central angle of 05°11'58", an arc distance of 255.94 feet, to a 5/8"
287	287		iron rod with yellow cap, stamped "RPLS 3963", set for corner;
288	288		North 89°38'11" West, a distance of 76.11 feet, to a 5/8" iron
289	289		rod found for corner at the southeast corner of a tract of land
290	290		described in a Deed to First Baptist Church of Copeville, recorded
291	291		in Volume 900, Page 353 (DRCCT);
292	292		THENCE along the common lines of said 183.753 acre tract and
293	293		said First Baptist Church of Copeville tract, the following
294	294		courses:
295	295		North 02°55'02" East, a distance of 307.96 feet, to a 5/8"
296	296		iron rod with a yellow plastic cap, stamped "RPLS 3963", set for
297	297		corner;
298	298		North 89°45'11" West, a distance of 517.40 feet, to a wooden
299	299		fence post found for corner at the most eastern southeast corner of
300	300		said 43.635 acre tract common to the northwest corner of said First
301	301		Baptist Church of Copeville tract;
302	302		THENCE along the common lines of said 183.753 acre tract and
303	303		said 43.635 acre tract, the following courses;
304	304		North 63°55'42" West, a distance of 546.96 feet, to a 5/8"
305	305		iron rod found for corner;
306	306		North 19°42'16" West, a distance of 246.95 feet, to a point
307	307		for corner from which an iron axle found for reference bears North
308	308		47°16'17" West, a distance of 4.36 feet;
309	309		North 88°17'53" East, a distance of 21.83 feet, to a 3/4" iron
310	310		pipe found for corner;
311	311		North 05°29'46" East, a distance of 3124.24 feet, to THE POINT
312	312		OF BEGINNING and containing 8,007,806 square feet, or 183.834 acres
313	313		of land.
314	314		TRACT 2 PROPERTY DESCRIPTION:
315	315		BEING 43.704 acres of land situated in the H. Walters Survey,
316	316		Abstract No. 958, Collin County, Texas and being all of a 43.635
317	317		acre tract of land described in a Deed to Raymon Webb Montgomery and
318	318		Christa Carol Montgomery, recorded as Instrument
319	319		No. 20131125001578440 of the Deed Records of Collin County, Texas
320	320		(DRCCT) and this tract being more particularly described as
321	321		follows:
322	322		BEGINNING at a 3/8" iron rod found in the east right-of-way
323	323		line of Burlington Northern & SF Rail Road at the northwest corner
324	324		of said 43.635 acre tract common to the southwest corner of a 73.279
325	325		acre tract of land described in a Deed to Marilyn Rice, recorded in
326	326		Volume 1732, Page 369,(DRCCT);
327	327		THENCE South 89°23'59" East, along the north line of said
328	328		43.635 acre tract common to the south line of said 73.279 acre
329	329		tract, a distance of 557.73 feet, to a point for corner in a Bois
330	330		D'Arc tree at the northeast corner of said 43.635 acre tract common
331	331		to the northwest corner of a 183.753 acre tract of land described in
332	332		a Deed of Trust executed by Carl Raymond Montgomery and wife, Rheda
333	333		Beth Montgomery to Paul Bennett or James Blakey, trustees, recorded
334	334		in Volume 2292, Page 279 (DRCCT), from which a steel fence post
335	335		found for reference bears South 02°54'15" East a distance of 3.23
336	336		feet;
337	337		THENCE along the common lines of said 43.635 acre tract and
338	338		said 183.753 acre tract, the following courses:
339	339		South 05°29'46" West, a distance of 3124.24 feet, to a 3/4"
340	340		iron pipe found for corner;
341	341		South 88°17'53" West, a distance of 21.83 feet, to a point for
342	342		corner from which an iron axle found for reference bears North
343	343		47°16'17" West a distance of 4.36 feet;
344	344		South 19°42'16" East, a distance of 246.95 feet, to a 5/8"
345	345		iron rod found for corner;
346	346		South 63°55'42" East, a distance of 546.96 feet, to a wooden
347	347		fence post found for corner at the most eastern southeast corner of
348	348		said 43.635 acre tract common to the northwest corner of a tract of
349	349		land described in a Deed to First Baptist Church of Copeville,
350	350		recorded in Volume 900, Page 353 (DRCCT);
351	351		THENCE South 02°37'47" West, along a southeast line of said
352	352		43.635 acre tract common to the west line of said First Baptist
353	353		Church of Copeville tract, a distance of 321.86 feet, to a point for
354	354		corner near the base of a wood highway marker in the north
355	355		right-of-way line of FM 1778 (a 60' right-of-way at this point going
356	356		west), at the most southern southeast corner of said 43.635 acre
357	357		tract;
358	358		THENCE North 89°38'13" West, along a south line of said 43.635
359	359		acre tract common to the north right-of-way line of said FM 1778, a
360	360		distance of 282.00 feet, to a point for corner at a south corner of
361	361		said 43.635 acre tract common to the southeast corner of a 8.22 acre
362	362		tract of land described in a Deed to Susan Annie Potter and Jon
363	363		Trace Hailey, recorded as Instrument No. 20101102001194000
364	364		(DRCCT), from which a 1/2" iron rod found for reference bears North
365	365		20°20'21" West a distance of 1.42 feet;
366	366		THENCE North 20°20'21" West, along a southwest line of said
367	367		43.635 acre tract common to the northeast line of said 8.22 acre
368	368		tract, a distance of 860.95 feet, to a wood fence post found at a
369	369		common corner thereof;
370	370		THENCE South 89°34'33" West, along a south line of said 43.635
371	371		acre tract common to the north line of said 8.22 acre tract, a
372	372		distance of 617.61 feet, to a 5/8" iron rod found for corner at a
373	373		common west corner thereof and being in the east right-of-way line
374	374		of said Burlington Northern & SF Rail Road, said point being in a
375	375		curve to the left, having a radius of 1960.08 feet and a chord which
376	376		bears North 15°08'31" East a distance of 671.75 feet;
377	377		THENCE Northeasterly, along the west lines of said 43.635
378	378		acre tract common to the east right-of-way lines of said Burlington
379	379		Northern & SF Rail Road, the following courses:
380	380		Northeasterly with said curve to the left, having a central
381	381		angle of 19°44'01", an arc distance of 675.09 feet, to the point of
382	382		tangent;
383	383		North 05°16'30" East, a distance of 2468.30 feet, to THE POINT
384	384		OF BEGINNING and containing 1,903,758 square feet, or 43.704 acres
385	385		of land.
386	386		TRACT 3 PROPERTY DESCRIPTION:
387	387		BEING 2.002 acres of land situated in the H. Walters Survey,
388	388		Abstract No. 958, Collin County, Texas and being all of a 2.00 acre
389	389		tract of land described in a Deed to Raymon W. Montgomery, recorded
390	390		in Volume 2990, Page 495 of the Deed Records of Collin County, Texas
391	391		(DRCCT) and this tract being more particularly described as
392	392		follows:
393	393		BEGINNING at a 5/8" iron rod with a yellow cap, stamped "RPLS
394	394		3963", set for corner in the north right-of-way line of FM 1778 (a
395	395		90' right-of-way) at the southeast corner of said 2.00 acre tract
396	396		common to an exterior ell corner of a 183.753 acre tract of land
397	397		described in a Deed of Trust executed by Carl Raymond Montgomery and
398	398		wife, Rheda Beth Montgomery to Paul Bennett or James Blakey,
399	399		trustees, recorded in Volume 2292, Page 279 (DRCCT);
400	400		THENCE Southwesterly along the south lines of said 2.00 acre
401	401		tract common to the north right-of-way lines of said FM 1778, the
402	402		following courses:
403	403		South 86°40'47" West, a distance of 29.08 feet, to a 5/8" iron
404	404		rod with a yellow cap, stamped "RPLS 3963", set for corner;
405	405		South 85°09'47" West, a distance of 132.67 feet, to a 5/8"
406	406		iron rod with a yellow cap, stamped "RPLS 3963", set for corner at
407	407		the southwest corner of said 2.00 acre tract common to an exterior
408	408		ell corner of said 183.753 acre tract;
409	409		THENCE along the common lines of said 2.00 acre and 183.753
410	410		acre tracts, the following courses:
411	411		North 00°43'58" West, a distance of 540.10 feet, to a 1/2"
412	412		iron rod found for corner;
413	413		North 85°10'46" East, a distance of 161.95 feet, to a 5/8"
414	414		iron rod found for corner;
415	415		South 00°42'56" East, a distance of 540.84 feet, to THE POINT
416	416		OF BEGINNING and containing 87,213 square feet, or 2.002 acres of
417	417		land.
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		-	SECTION 4. (a) If this Act does not receive a two-thirds
437		-	vote of all the members elected to each house, Subchapter C, Chapter
438		-	7938A, Special District Local Laws Code, as added by Section 1 of
439		-	this Act, is amended by adding Section 7938A.0306 to read as
440		-	follows:
	436	+	SECTION 4. (a) Section 7938A.0306, Special District Local
	437	+	Laws Code, as added by Section 1 of this Act, takes effect only if
	438	+	this Act receives a two-thirds vote of all the members elected to
	439	+	each house.
	440	+	(b) If this Act does not receive a two-thirds vote of all the
	441	+	members elected to each house, Subchapter C, Chapter 7938A, Special
	442	+	District Local Laws Code, as added by Section 1 of this Act, is
	443	+	amended by adding Section 7938A.0306 to read as follows:
441	444		Sec. 7938A.0306. NO EMINENT DOMAIN POWER. The district may
442	445		not exercise the power of eminent domain.
443		-	(b) This section is not intended to be an expression of a
	446	+	(c) This section is not intended to be an expression of a
444	447		legislative interpretation of the requirements of Section 17(c),
445	448		Article I, Texas Constitution.
446	449		SECTION 5. This Act takes effect immediately if it receives
447	450		a vote of two-thirds of all the members elected to each house, as
448	451		provided by Section 39, Article III, Texas Constitution. If this
449	452		Act does not receive the vote necessary for immediate effect, this
450	453		Act takes effect September 1, 2021.
451		-	* * * * *