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Texas House Bill HB5307

Texas 2023 - 88th Regular

Texas House Bill HB5307 Compare Versions

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11 H.B. No. 5307
22
33
44 AN ACT
55 relating to the creation of the Montgomery County Municipal Utility
66 District No. 228; granting a limited power of eminent domain;
77 providing authority to issue bonds; providing authority to impose
88 assessments, fees, and taxes.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1111 Code, is amended by adding Chapter 7969A to read as follows:
1212 CHAPTER 7969A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
1313 NO. 228
1414 SUBCHAPTER A. GENERAL PROVISIONS
1515 Sec. 7969A.0101. DEFINITIONS. In this chapter:
1616 (1) "Board" means the district's board of directors.
1717 (2) "Commission" means the Texas Commission on
1818 Environmental Quality.
1919 (3) "Director" means a board member.
2020 (4) "District" means the Montgomery County Municipal
2121 Utility District No. 228.
2222 Sec. 7969A.0102. NATURE OF DISTRICT. The district is a
2323 municipal utility district created under Section 59, Article XVI,
2424 Texas Constitution.
2525 Sec. 7969A.0103. CONFIRMATION AND DIRECTOR ELECTION
2626 REQUIRED. The temporary directors shall hold an election to
2727 confirm the creation of the district and to elect five permanent
2828 directors as provided by Section 49.102, Water Code.
2929 Sec. 7969A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3030 temporary directors may not hold an election under Section
3131 7969A.0103 until each municipality in whose corporate limits or
3232 extraterritorial jurisdiction the district is located has
3333 consented by ordinance or resolution to the creation of the
3434 district and to the inclusion of land in the district.
3535 Sec. 7969A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3636 (a) The district is created to serve a public purpose and benefit.
3737 (b) The district is created to accomplish the purposes of:
3838 (1) a municipal utility district as provided by
3939 general law and Section 59, Article XVI, Texas Constitution; and
4040 (2) Section 52, Article III, Texas Constitution, that
4141 relate to the construction, acquisition, improvement, operation,
4242 or maintenance of macadamized, graveled, or paved roads, or
4343 improvements, including storm drainage, in aid of those roads.
4444 Sec. 7969A.0106. INITIAL DISTRICT TERRITORY. (a) The
4545 district is initially composed of the territory described by
4646 Section 2 of the Act enacting this chapter.
4747 (b) The boundaries and field notes contained in Section 2 of
4848 the Act enacting this chapter form a closure. A mistake made in the
4949 field notes or in copying the field notes in the legislative process
5050 does not affect the district's:
5151 (1) organization, existence, or validity;
5252 (2) right to issue any type of bond for the purposes
5353 for which the district is created or to pay the principal of and
5454 interest on a bond;
5555 (3) right to impose a tax; or
5656 (4) legality or operation.
5757 SUBCHAPTER B. BOARD OF DIRECTORS
5858 Sec. 7969A.0201. GOVERNING BODY; TERMS. (a) The district
5959 is governed by a board of five elected directors.
6060 (b) Except as provided by Section 7969A.0202, directors
6161 serve staggered four-year terms.
6262 Sec. 7969A.0202. TEMPORARY DIRECTORS. (a) On or after
6363 September 1, 2023, the owner or owners of a majority of the assessed
6464 value of the real property in the district may submit a petition to
6565 the commission requesting that the commission appoint as temporary
6666 directors the five persons named in the petition. The commission
6767 shall appoint as temporary directors the five persons named in the
6868 petition.
6969 (b) Temporary directors serve until the earlier of:
7070 (1) the date permanent directors are elected under
7171 Section 7969A.0103; or
7272 (2) September 1, 2027.
7373 (c) If permanent directors have not been elected under
7474 Section 7969A.0103 and the terms of the temporary directors have
7575 expired, successor temporary directors shall be appointed or
7676 reappointed as provided by Subsection (d) to serve terms that
7777 expire on the earlier of:
7878 (1) the date permanent directors are elected under
7979 Section 7969A.0103; or
8080 (2) the fourth anniversary of the date of the
8181 appointment or reappointment.
8282 (d) If Subsection (c) applies, the owner or owners of a
8383 majority of the assessed value of the real property in the district
8484 may submit a petition to the commission requesting that the
8585 commission appoint as successor temporary directors the five
8686 persons named in the petition. The commission shall appoint as
8787 successor temporary directors the five persons named in the
8888 petition.
8989 SUBCHAPTER C. POWERS AND DUTIES
9090 Sec. 7969A.0301. GENERAL POWERS AND DUTIES. The district
9191 has the powers and duties necessary to accomplish the purposes for
9292 which the district is created.
9393 Sec. 7969A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9494 DUTIES. The district has the powers and duties provided by the
9595 general law of this state, including Chapters 49 and 54, Water Code,
9696 applicable to municipal utility districts created under Section 59,
9797 Article XVI, Texas Constitution.
9898 Sec. 7969A.0303. AUTHORITY FOR ROAD PROJECTS. Under
9999 Section 52, Article III, Texas Constitution, the district may
100100 design, acquire, construct, finance, issue bonds for, improve,
101101 operate, maintain, and convey to this state, a county, or a
102102 municipality for operation and maintenance macadamized, graveled,
103103 or paved roads, or improvements, including storm drainage, in aid
104104 of those roads.
105105 Sec. 7969A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106106 road project must meet all applicable construction standards,
107107 zoning and subdivision requirements, and regulations of each
108108 municipality in whose corporate limits or extraterritorial
109109 jurisdiction the road project is located.
110110 (b) If a road project is not located in the corporate limits
111111 or extraterritorial jurisdiction of a municipality, the road
112112 project must meet all applicable construction standards,
113113 subdivision requirements, and regulations of each county in which
114114 the road project is located.
115115 (c) If the state will maintain and operate the road, the
116116 Texas Transportation Commission must approve the plans and
117117 specifications of the road project.
118118 Sec. 7969A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119119 ORDINANCE OR RESOLUTION. The district shall comply with all
120120 applicable requirements of any ordinance or resolution that is
121121 adopted under Section 54.016 or 54.0165, Water Code, and that
122122 consents to the creation of the district or to the inclusion of land
123123 in the district.
124124 Sec. 7969A.0306. DIVISION OF DISTRICT. (a) The district
125125 may be divided into two or more new districts only if the district:
126126 (1) has no outstanding bonded debt; and
127127 (2) is not imposing ad valorem taxes.
128128 (b) This chapter applies to any new district created by the
129129 division of the district, and a new district has all the powers and
130130 duties of the district.
131131 (c) Any new district created by the division of the district
132132 may not, at the time the new district is created, contain any land
133133 outside the area described by Section 2 of the Act enacting this
134134 chapter.
135135 (d) The board, on its own motion or on receipt of a petition
136136 signed by the owner or owners of a majority of the assessed value of
137137 the real property in the district, may adopt an order dividing the
138138 district.
139139 (e) The board may adopt an order dividing the district
140140 before or after the date the board holds an election under Section
141141 7969A.0103 to confirm the district's creation.
142142 (f) An order dividing the district shall:
143143 (1) name each new district;
144144 (2) include the metes and bounds description of the
145145 territory of each new district;
146146 (3) appoint temporary directors for each new district;
147147 and
148148 (4) provide for the division of assets and liabilities
149149 between or among the new districts.
150150 (g) On or before the 30th day after the date of adoption of
151151 an order dividing the district, the district shall file the order
152152 with the commission and record the order in the real property
153153 records of each county in which the district is located.
154154 (h) Any new district created by the division of the district
155155 shall hold a confirmation and directors' election as required by
156156 Section 7969A.0103. If the voters of a new district do not confirm
157157 the creation of the new district, the assets, obligations,
158158 territory, and governance of the new district revert to the
159159 original district.
160160 (i) If the creation of the new district is confirmed, the
161161 new district shall provide the election date and results to the
162162 commission.
163163 (j) Municipal consent to the creation of the district and to
164164 the inclusion of land in the district granted under Section
165165 7969A.0104 acts as municipal consent to the creation of any new
166166 district created by the division of the district and to the
167167 inclusion of land in the new district.
168168 (k) Any new district created by the division of the district
169169 must hold an election as required by this chapter to obtain voter
170170 approval before the district may impose a maintenance tax or issue
171171 bonds payable wholly or partly from ad valorem taxes.
172172 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
173173 Sec. 7969A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
174174 The district may issue, without an election, bonds and other
175175 obligations secured by:
176176 (1) revenue other than ad valorem taxes; or
177177 (2) contract payments described by Section
178178 7969A.0403.
179179 (b) The district must hold an election in the manner
180180 provided by Chapters 49 and 54, Water Code, to obtain voter approval
181181 before the district may impose an ad valorem tax or issue bonds
182182 payable from ad valorem taxes.
183183 (c) The district may not issue bonds payable from ad valorem
184184 taxes to finance a road project unless the issuance is approved by a
185185 vote of a two-thirds majority of the district voters voting at an
186186 election held for that purpose.
187187 Sec. 7969A.0402. OPERATION AND MAINTENANCE TAX. (a) If
188188 authorized at an election held under Section 7969A.0401, the
189189 district may impose an operation and maintenance tax on taxable
190190 property in the district in accordance with Section 49.107, Water
191191 Code.
192192 (b) The board shall determine the tax rate. The rate may not
193193 exceed the rate approved at the election.
194194 Sec. 7969A.0403. CONTRACT TAXES. (a) In accordance with
195195 Section 49.108, Water Code, the district may impose a tax other than
196196 an operation and maintenance tax and use the revenue derived from
197197 the tax to make payments under a contract after the provisions of
198198 the contract have been approved by a majority of the district voters
199199 voting at an election held for that purpose.
200200 (b) A contract approved by the district voters may contain a
201201 provision stating that the contract may be modified or amended by
202202 the board without further voter approval.
203203 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
204204 Sec. 7969A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
205205 OBLIGATIONS. The district may issue bonds or other obligations
206206 payable wholly or partly from ad valorem taxes, impact fees,
207207 revenue, contract payments, grants, or other district money, or any
208208 combination of those sources, to pay for any authorized district
209209 purpose.
210210 Sec. 7969A.0502. TAXES FOR BONDS. At the time the district
211211 issues bonds payable wholly or partly from ad valorem taxes, the
212212 board shall provide for the annual imposition of a continuing
213213 direct ad valorem tax, without limit as to rate or amount, while all
214214 or part of the bonds are outstanding as required and in the manner
215215 provided by Sections 54.601 and 54.602, Water Code.
216216 Sec. 7969A.0503. BONDS FOR ROAD PROJECTS. At the time of
217217 issuance, the total principal amount of bonds or other obligations
218218 issued or incurred to finance road projects and payable from ad
219219 valorem taxes may not exceed one-fourth of the assessed value of the
220220 real property in the district.
221221 SECTION 2. The Montgomery County Municipal Utility District
222222 No. 228 initially includes all the territory contained in the
223223 following area:
224224 BEING a 319.424 acre tract of land situated in the Clark Beach
225225 Survey, Abstract Number 79, Montgomery County, Texas, being a
226226 portion of that certain called 1,278.671 acre tract described as
227227 "Parcel 2, Tract 1" in instrument to Atakapa, LLC., recorded under
228228 Clerk's File Number 2013016070 of the Official Public Records of
229229 Montgomery County, Texas (O.P.R.M.C.T.), and all of that certain
230230 tract described as "Tract 68, of Security Subdivision, described in
231231 instrument to Lone Star Timber II, LP, recorded under Clerk's File
232232 Number 200 I 106195, O.P.R.M.C.T., said 319.424 acre tract being
233233 more particularly described by metes and bounds as follows:
234234 BEGINNING at 5/8 inch iron rod found in the northeasterly margin of
235235 Crockett Martin Road for the common westerly comer of said Parcel 2,
236236 Tract 1 and that certain called 13.98 acre tract described in
237237 instrument to Tee Total Engineering Expectations, LLC., recorded
238238 under Clerk's File Number 2016093633, O.P.R.M.C.T., being a
239239 southwesterly corner of the herein described 319.424 acre tract;
240240 THENCE North 22°38'32" West, 4 I 8.13 feet, with the northeasterly
241241 margin of said Crockett Martin Road, a southwesterly I ine of said
242242 Parcel 2, Tract I, to a 1/2 inch iron rod with cap stamped "TPS I
243243 00834-00" set for an angle point in the northeasterly margin of said
244244 Crockett Martin Road, being an angle point in a southwesterly line
245245 of the herein described 31 9.424 acre tract;
246246 THENCE North 24°02'13" West, 163.31 feet, continuing with the
247247 northeasterly margin of said Crockett Martin Road, a southwesterly
248248 line of said Parcel 2, Tract I, to a 5/8 inch iron rod found for an
249249 angle point in the northeasterly margin of said Crockett Martin
250250 Road, being an angle point in a southwesterly line of the herein
251251 described 319.424 acre tract;
252252 THENCE North 24°51'II" West, 464.87 feet, continuing with the
253253 northeasterly margin of said Crockett Martin Road, a southwesterly
254254 line of said Parcel 2, Tract I, to a 5/8 inch iron rod with aluminum
255255 cap found at a 1 1/2 inch iron pipe for the common westerly comer of
256256 said Parcel 2, Tract I and that certain called 2.61 acre tract
257257 described in instrument to Anja C. Joyce and Kenton Joyce, recorded
258258 under Clerk's File Number 9813446 of the Real Property Records of
259259 Montgomery County, Texas (R.P.R.M.C.T.), being the westerly
260260 northwest comer of the herein described 319.424 acre tract;
261261 THENCE North 82°55'00" East, 281.41 feet, with the common line
262262 between said Parcel 2, Tract I and said 2.61 acre tract, to a 5/8
263263 inch iron rod with aluminum cap found at a I 1/2 inch iron pipe for
264264 the common easterly comer of said Parcel 2, Tract I and said 2.61
265265 acre tract, being an interior comer of the herein described 319.424
266266 acre tract;
267267 THENCE North 02°23'26" West, 319.49 feet, with the easterly line of
268268 said 2.61 acre tract and that certain called
269269 4.00 acre tract described in instrument to Anja C. Joyce and Kenton
270270 Joyce, recorded under Clerk's File Number 9802056, R.P.R.M.C.T.,
271271 common to a westerly line of said Parcel 2, Tract l, to a 1 1/2 inch
272272 iron pipe found for the common westerly corner of said Parcel 2,
273273 Tract I and the remainder of that certain called 1.56 acre tract
274274 described as "Tract One" in instrument to Enderli Family Living
275275 Trust, recorded under Clerk's File Number 2002026404,
276276 O.P.R.M.C.T., being a northwesterly corner of the herein described
277277 319.424 acre tract;
278278 THENCE North 87°30'12" East, 658.45 feet, with the southerly line of
279279 said remainder of 1.56 acre tract, and that certain called 2.46 acre
280280 tract described in instrument to Richard Ebert, recorded under
281281 Clerk's File Number 2006034086, O.P.R.M.C.T., common to a northerly
282282 line of said Parcel 2, Tract I, to a 1 inch iron pipe found for the
283283 common corner of said Parcel 2, Tract 1, said 2.46 acre tract, and
284284 that certain called 19 acre tract described in instrument to John
285285 Ganze, recorded under Clerk's File Number 20 I 5084061,
286286 O.P.R.M.C.T., being an angle point in a northerly line of the herein
287287 described 319.424 acre tract;
288288 THENCE North 85°37'24" East, 1,329.41 feet, with the common line
289289 between said Parcel 2, Tract 1 and said 19 acre tract, to a 1 inch
290290 pinched top iron pipe at a 1/2 inch iron rod found for a common
291291 corner of the same, being an interior corner of the herein described
292292 319.424 acre tract, from which a 1-1/2 inch iron pipe found for
293293 reference bears North 60°14' 16" East, 0.83 feet;
294294 THENCE North 03°09'58" West, 661.01 feet, continuing with said
295295 common line, to a l 1/2 inch iron pipe found for a common corner of
296296 the same, being an interior corner of the herein described 319.424
297297 acre tract;
298298 THENCE South 86°27'29" West, 1,321.54 feet, continuing with said
299299 common line, to a I inch iron pipe found in an easterly line of that
300300 certain called 3.12 acre tract described in instrument to Kelly
301301 Kenney, recorded under Clerk's File Number 2018073035,
302302 O.P.R.M.C.T., for the common westerly corner of said Parcel 2,
303303 Tract 1 and said 19 acre tract, being a southwesterly comer of the
304304 herein described 319.424 acre tract, from which a 2 inch iron pipe
305305 found for reference bears South 02°56'06" East, 38.45 feet;
306306 THENCE North 03°22'48" West, with the easterly line of said 3.12
307307 acre tract, that certain called 4.08 acre tract described in
308308 instrument to Sherry Navarro, recorded under Clerk's File Number
309309 2021025975, O.P.R.M.C.T., and that certain called 5.47 acre tract
310310 described in instrument to Sherry Brewer, recorded under Clerk's
311311 File Number 2021025976, O.P.R.M.C.T., common to a westerly line of
312312 said Parcel 2, Tract I, at a distance of 58.22 feet, pass a 11/2 inch
313313 iron pipe found for reference, at a distance of 58.82 feet, pass a
314314 3/8 inch iron rod found for the common easterly corner of said 3. 12
315315 acre tract and said 4.08 acre tract, at a distance of 278.14 feet,
316316 pass a 5/8 inch iron rod found for reference, at a distance of
317317 654.62 feet, pass a 2 inch iron pipe found for reference, in all, a
318318 total distance of
319319 660.48 feet, to a 5/8 inch iron rod with aluminum cap found at a l
320320 1/2 inch iron pipe in the southerly line of that certain called 5.05
321321 acre tract described as "Tract 2" in instrument to Douglas Edward
322322 Young, recorded under Clerk's File Number 99097271, R.P.R.M.C.T.,
323323 for the common northerly corner of said Parcel 2, Tract 1 and said
324324 5.47 acre tract, being a northwesterly corner of the herein
325325 described 319.424 acre tract;
326326 THENCE North 86°36'04" East, 660.46 feet, with the common line
327327 between said Parcel 2, Tract 1 and said 5.05 acre tract, to a 5/8
328328 inch iron rod with aluminum cap found at a I 1/2 inch iron pipe found
329329 for a common comer of the same, being an interior comer of the
330330 herein described 319.424 acre tract;
331331 THENCE North 03°15'45" West, 660.05 feet, with the easterly line of
332332 said 5.05 acre tract and that certain called
333333 11.64 acre tract described in instrument to Douglas Young, recorded
334334 under Clerk's File Number 2011098942, O.P.R.M.C.T., common to a
335335 westerly line of said Parcel 2, Tract 1, to a 1 1/2 inch iron pipe
336336 found for the common northerly comer of said Parcel 2, Tract 1 and
337337 said 11.64 acre tract, being a northwesterly comer of the herein
338338 described 319.424 acre tract, from which a 3/8 inch iron rod found
339339 for reference bears South 86°35'15" West, 1,087.27 feet;
340340 THENCE North 86°23'02" East, 1,975.99 feet, severing, over and
341341 across said Parcel 2, Tract 1, to a I 1/2 inch iron pipe found at a
342342 5/8 inch iron rod for the northwesterly corner of that certain tract
343343 described as "Tracts 55 and 58" of Security Subdivision, Section
344344 One, in instrument to Gary Mitchel Lippert, recorded under Clerk's
345345 File Number 2015112584, O.P.R.M.C.T., being a northeasterly corner
346346 of the herein described 3 I 9.424 acre tract;
347347 THENCE with the common line between said Parcel 2, Tract I and said
348348 Tracts 55 and 58, the following three (3) courses and distances:
349349 South 03°11'45" East, 656.19 feet, to a1/2 inch iron rod with cap
350350 stamped "TPS 100834-00" set for comer;
351351 North 87°11'48" East, 661.77 feet, to a1/2 inch iron rod with cap
352352 stamped "TPS 100834-00" set for comer;
353353 North 03°25'52" West, 662.49 feet, to a 1 inch iron pipe found for
354354 the northeasterly comer of said Tracts 55 and 58, being a
355355 northwesterly comer of the herein described 319.424 acre tract;
356356 THENCE North 86°39'04" East, 652.56 feet, severing, over and across
357357 said Parcel 2, Tract 1, to a1/2 inch iron rod with cap stamped "TPS
358358 100834-00" set for a northeasterly comer of the herein described
359359 319.424 acre tract;
360360 THENCE South 03°37'03" East, 2,642.97 feet, continuing, over and
361361 across said Parcel 2, Tract 1, to a 1 inch iron pipe found, bent, for
362362 the easterly common north comer of said Parcel 2, Tract 1, and that
363363 certain tract described as being Tract 120 of said Section 1, in
364364 instrument to Felix Canseco, recorded under Clerk's File Number
365365 8742170, R.P.R.M.C.T., being a southeasterly corner of the herein
366366 described 319.424 acre tract;
367367 THENCE with the common line between said Parcel 2, Tract I and said
368368 Canseco tract, the following three (3) courses and distances:
369369 South 86°27'22" West, 660.84 feet, to a 5/8 inch iron rod with cap
370370 found for comer;
371371 South 03°37'00" East, 329.72 feet, to a1/2 inch iron rod with cap
372372 stamped "TPS I 00834-00" set for comer;
373373 North 86°27'48" East, at a distance of 659.12 feet, pass a 1 inch
374374 iron pipe found, bent, for reference, in all, a total distance of
375375 660.85 feet, to a 1/2 inch iron rod with cap stamped "TPS 100834-00"
376376 set for the common southerly corner of said Parcel 2, Tract 1 and
377377 said Canseco tract, being the northeasterly corner of the herein
378378 described 319.424 acre tract;
379379 THENCE South 03°37'03" East, 1,034.68 feet, continuing across said
380380 Parcel 2, Tract I, to a1/2 inch iron rod with cap stamped "TPS
381381 100834-00" set in the northerly line of that certain called 4.00
382382 acre tract described in instrument to Joshua Kevin Perry, recorded
383383 under Clerk's File Number 2005129306, O.P.R.M.C.T., being a
384384 southeasterly corner of the herein described 319.424 acre tract,
385385 from which a 5/8 inch iron rod found for reference bears North
386386 86°39'34" East, 1, l 02.43 feet;
387387 THENCE South 86°39'34" West, 217.01 feet, with the common line
388388 between said Parcel 2, Tract 1 and said 4.00 acre tract, to a 1 1/2
389389 inch iron pipe found for a common comer of the same, being an
390390 interior corner of the herein described 319.424 acre tract;
391391 THENCE South 03°14'53" East, 681.43 feet, continuing with said
392392 common line, to a 5/8 inch iron rod found in the northerly margin of
393393 Farm to Market Road 2090 (F.M. 2090), for the common southerly comer
394394 of said Parcel 2, Tract I and said 4.00 acre tract, being the
395395 southerly southeast comer of the herein described 319.424 acre
396396 tract;
397397 THENCE North 77°10'20" West, 559.86 feet, with the northerly
398398 right-of-way of said F.M. 2090, a southerly line of said Parcel 2,
399399 Tract 1, to a 1/2 inch iron rod with cap stamped "TPS l 00834-00" set
400400 for the beginning of a curve to the left;
401401 THENCE Northwesterly, 809.97 feet, continuing with the northerly
402402 right-of-way of said F.M. 2090, a southerly line of said Parcel 2,
403403 Tract l, along the arc of said curve to the left, having a radius of
404404 5,779.81 feet, a central angle of 08°01'46", a chord that bears
405405 North 81°09'00" West, 809.31 feet, to a1/2 inch iron rod with cap
406406 stamped "TPS 100834-00" set for the common southerly comer of said
407407 Parcel 2, Tract I and that certain called 1.74 acre tract described
408408 in instrument to Innerfaith Disciple House, recorded under Clerk's
409409 File Number 20 I 8099589, O.P.R.M.C.T., being the most southerly
410410 southwest comer of the herein described 319.424 acre tract;
411411 THENCE North 03°37'57" West, 1,007.31 feet, with the easterly line
412412 of said I .74 acre tract and the remainder of that certain tract
413413 described as being Lots I 33 and 134 of said Section I, in
414414 instrument to Robert L. Bartlett, recorded under Clerk's File
415415 Number 2019030913, O.P.R.M.C.T., common to a westerly line of said
416416 Parcel 2, Tract I, to a 5/8 inch iron rod with aluminum cap found at
417417 a 1 1/2 inch iron pipe for the common northerly comer of said Parcel
418418 2, Tract I and said Bartlett tract, being an interior comer of the
419419 herein described 319.424 acre tract;
420420 THENCE South 86°53'08" West, 659.72 feet, with the northerly line of
421421 said Bartlett tract and that certain called 5.10 acre tract
422422 described as "Tract I" in instrument to John D. Mitchell, recorded
423423 under Clerk's File Number
424424 20 I 7066131, O.P.R.M.C.T., common to a southerly line of said
425425 Parcel 2, Tract 1, to a 5/8 inch iron rod with aluminum cap found at
426426 a l 1/2 inch iron pipe found for the common comer of said Parcel 2,
427427 Tract I, said 5.IO acre tract, and that certain called 28.112 acre
428428 tract described in instrument to Bobby Giles and Renata Giles,
429429 recorded under Clerk's File Number 2016011300, O.P.R.M.C.T., being
430430 an angle point in a southerly line of the herein described 319.424
431431 acre tract;
432432 THENCE South 87°19'09" West, 1,319.93 feet, with the common line
433433 between said Parcel 2, Tract 1 and said 28.112 acre tract, to a I
434434 inch pinched top iron pipe found at a 1 inch iron pipe found for the
435435 common comer of said Parcel 2, Tract I, said 28.112 acre tract, and
436436 said 13.98 acre tract, being an angle point in a southerly line of
437437 the herein described 3 I 9.424 acre tract;
438438 THENCE South 87°38'49" West, 1,024.19 feet, with the common line
439439 between said Parcel 2, Tract 1 and said 13.98 acre tract, to the
440440 POINT OF BEGINNING.
441441 CONTAINING a computed area of 319.424 acres of land within this
442442 Field Note Description Save and Except the following described
443443 5.090 acre tract:
444444 FIELD NOTE DESCRIPTION 5.090ACRES
445445 IN THE CLARK BEACH SURVEY, ABSTRACT NUMBER 79 MONTGOMERY COUNTY,
446446 TEXAS
447447 BEING a 5.090 acre tract of land situated in the Clark Beach Survey,
448448 Abstract Number 79, Montgomery County, Texas, being all of that
449449 same tract described as "Parcel I", being Farm Tract 75, of said
450450 Section 1, described in instrument to JBMG, LTD., recorded under
451451 Clerk's File Number 9569681, R.P.R.M.C.T., said 5.090 acre tract
452452 being more particularly described by metes and bounds as follows:
453453 BEGINNING at a 5/8 inch iron rod with aluminum cap found at a I inch
454454 pinched top iron pipe for the southerly common east corner of said
455455 Parcel 2, Tract I and said JBMG tract, being the southeasterly
456456 corner of the herein described 5.090 acre tract, from which a 1 inch
457457 iron pipe found, for the easterly common north comer of said Parcel
458458 2, Tract 1 and said Canseco tract bears South 48°23' 51" East,
459459 1,866.30 feet;
460460 THENCE with the common line between said Parcel 2, Tract 1 and said
461461 JBMG tract, the following four (4) courses and distances:
462462 South 86°34' 17" West, 657. IO feet, to a 1 inch pinched top iron
463463 pipe found, disturbed for comer, from which a I inch iron pipe found
464464 at a 1/2 inch iron rod found for the southerly common east corner of
465465 said Parcel 2, Tract I and said 19 acre tract bears South 41°635'3 I"
466466 West, 938.44 feet;
467467 North 04°19'03" West, 336.19 feet, to a 5/8 inch iron rod with cap
468468 found at a 1 inch iron pipe for comer;
469469 North 86°25' 10" East, 658.66 feet, to a 5/8 inch iron rod found at a
470470 1 inch iron pipe for comer;
471471 South 04°02'56" East, 337.92 feet, to the POINT OF BEGINNING.
472472 CONTAINING a computed area of 5.090 acres ofland within this Field
473473 Note Description Save and Except the following described 4.999 acre
474474 tract
475475 FIELD NOTE DESCRIPTION 4.999ACRES
476476 IN THE CLARK BEACH SURVEY, ABSTRACT NUMBER 79 MONTGOMERY COUNTY,
477477 TEXAS
478478 BEING a 4.999 acre tract of land situated in the Clark Beach Survey,
479479 Abstract Number 79, Montgomery County, Texas, being al I of that
480480 same tract described as being Farm Tract 108 of said Section I,
481481 described in instrument to Adeline A. Barnes, et al, recorded under
482482 Clerk's File Number 7506958, R.P.R.M.C.T., said 4.999 acre tract
483483 being more particularly described by metes and bounds as follows:
484484 BEGINNING at a 5/8 inch iron rod with aluminum cap at a I 1/2 inch
485485 iron pipe found for the easterly common south comer of said Parcel
486486 2, Tract I and said Barnes tract, being the southeasterly comer of
487487 the herein described 4.999 acre tract, from which a1/2 inch iron rod
488488 with cap stamped "TPS 100834-00" set for the westerly common south
489489 comer of said Parcel 2, Tract I and said Canseco tract bears South
490490 66°46'02" East, 739.05 feet;
491491 THENCE with the common line between said Parcel 2, Tract I and said
492492 Barnes tract, the following four (4) courses and distances:
493493 I) South 86°39'47" West, 660.00 feet, to a 5/8 inch iron rod found
494494 at a I 1/2 inch iron pipe for comer, from which a 5/8 inch iron rod
495495 found in the northeasterly margin of said Crockett Martin Road for
496496 the common westerly comer of said Parcel 2, Tract 1 and said 13.98
497497 acre tract bears South 71°56'17" West, 2655.96 feet;
498498 North 03°24'08" West, 330.04 feet. to a 5/8 inch iron rod found at a
499499 I 1/2 inch iron pipe for comer;
500500 North 86°40'24" East, 659.95 feet, to a 5/8 inch iron rod with
501501 aluminum cap found at a I 1/2 inch iron pipe for comer;
502502 South 03°24'41" East, 329.92 feet, to the POINT OF BEGINNING.
503503 CONTAINING a computed area of 4.999 acres of land within this Field
504504 Note Description
505505 LEAVING a computed NET area of309.335 acres of land within this
506506 Field Note Description.
507507 This Field Note Description was prepared from a survey performed on
508508 the ground on April 1, 2021 by Texas Professional Surveying, LLC.,
509509 Registered Professional Land Surveyors and is referenced to Survey
510510 Drawing Project Number S458-103-SW S HALF.
511511 Bearings recited hereon are based on GPS observations and are
512512 referenced to the North American Datum (NAO) 1983, Texas State
513513 Plane Coordinate System, Central Zone (4203).
514514 SECTION 3. (a) The legal notice of the intention to
515515 introduce this Act, setting forth the general substance of this
516516 Act, has been published as provided by law, and the notice and a
517517 copy of this Act have been furnished to all persons, agencies,
518518 officials, or entities to which they are required to be furnished
519519 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
520520 Government Code.
521521 (b) The governor, one of the required recipients, has
522522 submitted the notice and Act to the Texas Commission on
523523 Environmental Quality.
524524 (c) The Texas Commission on Environmental Quality has filed
525525 its recommendations relating to this Act with the governor, the
526526 lieutenant governor, and the speaker of the house of
527527 representatives within the required time.
528528 (d) All requirements of the constitution and laws of this
529529 state and the rules and procedures of the legislature with respect
530530 to the notice, introduction, and passage of this Act are fulfilled
531531 and accomplished.
532532 SECTION 4. (a) If this Act does not receive a two-thirds
533533 vote of all the members elected to each house, Subchapter C, Chapter
534534 7969A, Special District Local Laws Code, as added by Section 1 of
535535 this Act, is amended by adding Section 7969A.0307 to read as
536536 follows:
537537 Sec. 7969A.0307. NO EMINENT DOMAIN POWER. The district may
538538 not exercise the power of eminent domain.
539539 (b) This section is not intended to be an expression of a
540540 legislative interpretation of the requirements of Section 17(c),
541541 Article I, Texas Constitution.
542542 SECTION 5. This Act takes effect September 1, 2023.
543543 ______________________________ ______________________________
544544 President of the Senate Speaker of the House
545545 I certify that H.B. No. 5307 was passed by the House on May 9,
546546 2023, by the following vote: Yeas 109, Nays 33, 2 present, not
547547 voting.
548548 ______________________________
549549 Chief Clerk of the House
550550 I certify that H.B. No. 5307 was passed by the Senate on May
551551 24, 2023, by the following vote: Yeas 27, Nays 3, 1 present, not
552552 voting.
553553 ______________________________
554554 Secretary of the Senate
555555 APPROVED: _____________________
556556 Date
557557 _____________________
558558 Governor