Texas 2023 - 88th Regular

Texas House Bill HB5323 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R15042 LRM-F
2	2	By: Bailes H.B. No. 5323
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Liberty County Municipal Utility
8	8	District No. 12; 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 7977A to read as follows:
14	14	CHAPTER 7977A. LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 12
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7977A.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Liberty County Municipal
22	22	Utility District No. 12.
23	23	Sec. 7977A.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 7977A.0103. CONFIRMATION AND DIRECTOR ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 7977A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7977A.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district as required by
36	36	applicable law.
37	37	Sec. 7977A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	38	(a) The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, improvement, operation,
44	44	or maintenance of macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 7977A.0106. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act enacting this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act enacting this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	SUBCHAPTER B. BOARD OF DIRECTORS
60	60	Sec. 7977A.0201. GOVERNING BODY; TERMS. (a) The district
61	61	is governed by a board of five elected directors.
62	62	(b) Except as provided by Section 7977A.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 7977A.0202. TEMPORARY DIRECTORS. (a) On or after the
65	65	effective date of the Act enacting this chapter, the owner or owners
66	66	of a majority of the assessed value of the real property in the
67	67	district may submit a petition to the commission requesting that
68	68	the commission appoint as temporary directors the five persons
69	69	named in the petition. The commission shall appoint as temporary
70	70	directors the five persons named in the petition.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 7977A.0103; or
74	74	(2) the fourth anniversary of the effective date of
75	75	the Act enacting this chapter.
76	76	(c) If permanent directors have not been elected under
77	77	Section 7977A.0103 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 7977A.0103; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the commission requesting that the
88	88	commission appoint as successor temporary directors the five
89	89	persons named in the petition. The commission shall appoint as
90	90	successor temporary directors the five persons named in the
91	91	petition.
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 7977A.0301. GENERAL POWERS AND DUTIES. The district
94	94	has the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 7977A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 7977A.0303. AUTHORITY FOR ROAD PROJECTS. Under
102	102	Section 52, Article III, Texas Constitution, the district may
103	103	design, acquire, construct, finance, issue bonds for, improve,
104	104	operate, maintain, and convey to this state, a county, or a
105	105	municipality for operation and maintenance macadamized, graveled,
106	106	or paved roads, or improvements, including storm drainage, in aid
107	107	of those roads.
108	108	Sec. 7977A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
109	109	road project must meet all applicable construction standards,
110	110	zoning and subdivision requirements, and regulations of each
111	111	municipality in whose corporate limits or extraterritorial
112	112	jurisdiction the road project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards,
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 7977A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122	122	ORDINANCE OR RESOLUTION. The district shall comply with all
123	123	applicable requirements of any ordinance or resolution that is
124	124	adopted under Section 54.016 or 54.0165, Water Code, and that
125	125	consents to the creation of the district or to the inclusion of land
126	126	in the district.
127	127	Sec. 7977A.0306. DIVISION OF DISTRICT. (a) The board, on
128	128	its own motion or on receipt of a petition signed by the owner or
129	129	owners of a majority of the assessed value of the real property in
130	130	the district, may adopt an order dividing the district.
131	131	(b) An order dividing a district may create one or more new
132	132	districts and may provide for the continuation of the district.
133	133	(c) An order dividing the district shall:
134	134	(1) name any new district;
135	135	(2) include the metes and bounds description of the
136	136	territory of each of the districts;
137	137	(3) appoint temporary directors for any new district;
138	138	and
139	139	(4) provide for the division of assets and liabilities
140	140	between the districts.
141	141	(d) The board may adopt an order dividing the district
142	142	before or after the date the board holds an election to confirm the
143	143	district's creation.
144	144	(e) The district may be divided only if the district:
145	145	(1) has never issued any bonds; and
146	146	(2) is not imposing ad valorem taxes.
147	147	(f) A new district created by the division of the district
148	148	may not, at the time the new district is created, contain any land
149	149	outside the area described by Section 2 of the Act enacting this
150	150	chapter.
151	151	(g) On or before the 30th day after the date of adoption of
152	152	an order dividing the district, the district shall file the order
153	153	with the commission and record the order in the real property
154	154	records of each county in which the district is located.
155	155	(h) This chapter applies to any new district created by the
156	156	division of the district, and a new district has all the powers and
157	157	duties of the district.
158	158	(i) A new district created by the division of the district
159	159	shall hold a confirmation and directors' election.
160	160	(j) If the creation of the new district is confirmed, the
161	161	new district shall provide the election date and results to the
162	162	commission.
163	163	(k) A new district created by the division of the district
164	164	must hold an election as required by this chapter to obtain voter
165	165	approval before the district may impose a maintenance tax or issue
166	166	bonds payable wholly or partly from ad valorem taxes.
167	167	(l) The district may continue to rely on confirmation,
168	168	directors', bond, or tax elections held prior to the division.
169	169	(m) Municipal consent to the creation of the district and to
170	170	the inclusion of land in the district acts as municipal consent to
171	171	the creation of any new district created by the division of the
172	172	district and to the inclusion of land in the new district.
173	173	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
174	174	Sec. 7977A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
175	175	The district may issue, without an election, bonds and other
176	176	obligations secured by:
177	177	(1) revenue other than ad valorem taxes; or
178	178	(2) contract payments described by Section
179	179	7977A.0403.
180	180	(b) The district must hold an election in the manner
181	181	provided by Chapters 49 and 54, Water Code, to obtain voter approval
182	182	before the district may impose an ad valorem tax or issue bonds
183	183	payable from ad valorem taxes.
184	184	(c) The district may not issue bonds payable from ad valorem
185	185	taxes to finance a road project unless the issuance is approved by a
186	186	vote of a two-thirds majority of the district voters voting at an
187	187	election held for that purpose.
188	188	Sec. 7977A.0402. OPERATION AND MAINTENANCE TAX. (a) If
189	189	authorized at an election held under Section 7977A.0401, the
190	190	district may impose an operation and maintenance tax on taxable
191	191	property in the district in accordance with Section 49.107, Water
192	192	Code.
193	193	(b) The board shall determine the tax rate. The rate may not
194	194	exceed the rate approved at the election.
195	195	Sec. 7977A.0403. CONTRACT TAXES. (a) In accordance with
196	196	Section 49.108, Water Code, the district may impose a tax other than
197	197	an operation and maintenance tax and use the revenue derived from
198	198	the tax to make payments under a contract after the provisions of
199	199	the contract have been approved by a majority of the district voters
200	200	voting at an election held for that purpose.
201	201	(b) A contract approved by the district voters may contain a
202	202	provision stating that the contract may be modified or amended by
203	203	the board without further voter approval.
204	204	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
205	205	Sec. 7977A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
206	206	OBLIGATIONS. The district may issue bonds or other obligations
207	207	payable wholly or partly from ad valorem taxes, impact fees,
208	208	revenue, contract payments, grants, or other district money, or any
209	209	combination of those sources, to pay for any authorized district
210	210	purpose.
211	211	Sec. 7977A.0502. TAXES FOR BONDS. At the time the district
212	212	issues bonds payable wholly or partly from ad valorem taxes, the
213	213	board shall provide for the annual imposition of a continuing
214	214	direct ad valorem tax, without limit as to rate or amount, while all
215	215	or part of the bonds are outstanding as required and in the manner
216	216	provided by Sections 54.601 and 54.602, Water Code.
217	217	Sec. 7977A.0503. BONDS FOR ROAD PROJECTS. At the time of
218	218	issuance, the total principal amount of bonds or other obligations
219	219	issued or incurred to finance road projects and payable from ad
220	220	valorem taxes may not exceed one-fourth of the assessed value of the
221	221	real property in the district.
222	222	SECTION 2. The Liberty County Municipal Utility District
223	223	No. 12 initially includes all the territory contained in the
224	224	following area:
225	225	TRACT 1 - 460.66 Acres
226	226	480.66 ACRES OF LAND, SITUATED IN THE F.J. C. SMILEY SURVEY,
227	227	ABSTRACT 345, LIBERTY COUNTY, TEXAS, BEING A PART OF THAT CERTAIN
228	228	590.04 ACRE TRACT DESCRIBED AS TRACT THREE IN A DEED FROM
229	229	INTERNATIONAL PAPER REALTY CORPORATION TO COPPER STATION HOLDINGS,
230	230	LLC RECORDED IN LIBERTY COUNTY CLERK'S FILE 2005004984, SAID 480.66
231	231	ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
232	232	BEGINNING at a concrete monument stamped "CP&F L-160" found
233	233	for the lower Northwest corner of the herein described tract at an
234	234	ell corner of said 590.04 acre tract, the Northeast corner of
235	235	Tarkington Acres, according to the Plat recorded in Volume 8, Page
236	236	21, Liberty County Map Records, and the Southeast corner of a 68.0
237	237	acre tract described in a deed to William L. Bailey recorded in
238	238	Liberty County Clerk's File 2005016474;
239	239	Thence North 53 deg. 34 min. 28 sec. East, along the Southeast
240	240	line of the Bailey tract, a distance of 2533.94 feet to 1/2 inch
241	241	iron rod found for a corner of said Bailey tract;
242	242	Thence North 04 deg. 56 min. 54 sec. West, along the East line
243	243	of the Bailey tract, at 60.20 feet pass a 1 inch iron bar found at
244	244	the Northeast corner of the Bailey tract, being a corner of said
245	245	590.04 acre tract and the Southeast corner of the David L. Muck 10.0
246	246	acre tract described in clerk's File 2005003535, continue along the
247	247	West line of said 590.04 acre tract, at 1024.62 feet pass a 1/2 inch
248	248	iron rod set in the South right-of-way line of County Road 2184,
249	249	from which point a 3/8 inch iron rod found at a fence corner bears
250	250	North 70 deg. 46 min. 06 sec. East - 35.44 feet, and continue for a
251	251	total distance of 1050.63 feet to a 60d nail set for the upper
252	252	Northwest corner of the herein described tract in the centerline of
253	253	County Road 2184, said point being the southwest corner of the
254	254	Kaitlyn Hanka 42.87 acre tract described in Clerk's File
255	255	2005016201;
256	256	Thence North 70 deg. 39 min. 07 sec. East, along the
257	257	centerline of County Road 2184, with the Southerly line of the Hanka
258	258	tract, a distance of 873.25 feet to an angle point;
259	259	Thence North 70 deg. 09 min. 40 sec. East, along the
260	260	centerline of County Road 2184, with the Southerly line of the Hanka
261	261	tract, a distance of 376.40 feet to an angle point;
262	262	Thence North 68 deg. 18 min. 24 sec. East, along the
263	263	centerline of County Road 2184, with the southerly line of the Hanka
264	264	tract, a distance of 110.56 feet to an angle point;
265	265	Thence North 65 deg. 24 min. 12 sec. East, along the
266	266	centerline of County Road 2184, with the Southerly line of the Hanka
267	267	tract, a distance of 50.58 feet to an angle point;
268	268	Thence North 63 deg. 57 min. 20 sec. East, along the
269	269	centerline of County Road 2184, with the southerly line of the Hanka
270	270	tract, a distance of 51.05 feet to an angle point;
271	271	Thence North 61 deg. 43 min. 32 sec. East, along the
272	272	centerline of County Road 2184, with the southerly line of the Hanka
273	273	tract, a distance of 6.88 feet to an angle point;
274	274	Thence North 60 deg. 11 min. 45 Sec. East, along the
275	275	centerline of County Road 2184, with the Southerly line of the Hanka
276	276	tract, a distance of 153.55 feet to an angle point;
277	277	Thence North 59 deg. 30 min. 01 sec. East, along the
278	278	centerline of County Road 2184, with the Southerly line of the Hanka
279	279	Tract, a distance of 162.45 feet to a point marking the Northeast
280	280	corner of the herein described tract at the southeast corner of the
281	281	Hanka tract, in the East line of the aforementioned 590.04 acre
282	282	tract;
283	283	Thence South 03 deg. 33 min. 57 sec. East, along the East line
284	284	of said 590.04 acre tract, at 37.18 feet pass an axle found, and
285	285	continue along the West line of the Sean Hardy Nelson 26.341 acre
286	286	tract described in Clerk's File 2005004844, the Billy E. Fly 6.0
287	287	acre tract described in Clerk's File 2006014900, the Foster Jay
288	288	Nelson tract described in Clerk's File 2005013371, which line is
289	289	the West line of the Nelson 99.4 acre tract and the Nelson 100 acre
290	290	tract, and continue for a total distance of 4946.17 feet to an axle
291	291	found for angle point;
292	292	Thence South 01 deg. 57 min. 20 sec. East (call South 01 deg.
293	293	56 min. 23 sec. East), along the West line of the J. F. McAdams tract
294	294	described in Volume 314, Page 579, Deed Records, a distance of
295	295	1850.26 feet (call 1849.98 feet) to a concrete monument found at the
296	296	Southeast corner of said 590.04 acre tract and the Northeast corner
297	297	of Oak Shadows Subdivision, according to the Plat recorded in
298	298	Volume 8, Page 59, Liberty County Map Records;
299	299	Thence South 87 deg. 22 min. 40 sec. West (call south 87 deg.
300	300	27 min. 25 sec. West), along the South line of said 590.04 acre
301	301	tract and the North line of Oak Shadows Subdivision, passing
302	302	several 1/2 inch iron rods found generally on line, a distance of
303	303	3938.18 feet (call 3937.67 feet) to a concrete monument found at the
304	304	Southwest corner of said 590.04 acre tract and the Northwest corner
305	305	of Oak Shadows Subdivision, in the East line of the Charles Stetson,
306	306	Jr. tract described in Volume 961, Page 191, Deed Records;
307	307	Thence North 02 deg. 13 min. 16 sec. West, along the West line
308	308	of said 590.04 acre tract and the East line of the Stetson tract,
309	309	the East line of the Kenneth O'Brien, Jr. tract described in Volume
310	310	1985, Page 875, Official Records, and the East line of Tarkington
311	311	Acres, passing several 1/2 inch iron rods found generally on line, a
312	312	distance of 3698.88 feet to the PLACE OF BEGINNING and containing
313	313	480.66 acres of land and being the same land described in Liberty
314	314	County Clerk's File 2007004426.
315	315	TRACT 2 - 253.23 Acres
316	316	253.23 acres of land situated in the F.J.C. Smiley League,
317	317	Abstract Number 345, Liberty County, Texas, being a portion of that
318	318	certain called 576.84 acres of land described in deed recorded
319	319	under Volume 314, Page 579 of the Deed Records of Liberty County,
320	320	Texas, being all of that certain called 10.0274 acres of land
321	321	described in deed recorded under Volume 670, Page 365 of the Deed
322	322	Records of Liberty County, Texas and all of that certain called 2.6
323	323	acres of land described in deed recorded under Volume 561, Page 565
324	324	of the Deed Records of Liberty County, Texas, said 253.23 acres of
325	325	land being more particularly described by metes and bounds as
326	326	follows:
327	327	COMMENCING at a concrete monument found for the Northwesterly
328	328	corner of that certain Oak Shadows Subdivision, a subdivision as
329	329	shown on map or plat recorded under Volume 8, Page 59 of the Map
330	330	Records of Liberty County, Texas and the southwesterly corner of
331	331	that certain called 480.66 acres of land described in deed recorded
332	332	in the Official Public Records of Real Property of Liberty County,
333	333	Texas, under County Clerk's File Number 2016007160;
334	334	Thence, N 89°47'00" E, along the Northerly line of said Oak
335	335	Shadows Subdivision and the southerly line of said 480.66 acre
336	336	tract, a distance of 3,938.29 feet to a concrete monument found in
337	337	the Westerly line of said 576.84 acre tract, for the northeasterly
338	338	corner of said Oak Shadows Subdivision, the southeasterly corner of
339	339	said 480.66 acre tract and the POINT OF BEGINNING of the herein
340	340	described tract of land;
341	341	Thence, N 00°26'34" E, along the easterly line of said 480.66
342	342	acre tract, a distance of 1,850.33 feet to an axle found for the
343	343	southwesterly corner of that certain 3.1 acre tract described in
344	344	deed recorded under Volume 559, Page 113 of the Deed Records of
345	345	Liberty County, Texas;
346	346	Thence, S 89°52'31" E, along the southerly line of said 3.1
347	347	acre tract, a distance of 2,073.84 feet to an axle found in the
348	348	southerly line of said 3.1 acre tract;
349	349	Thence, N 00°39'46" W, along the easterly line of said 3.1
350	350	acres, an easterly line of that certain called 99.4 acres of land
351	351	described in deed recorded in the Official Public Records of Real
352	352	Property of Liberty County, Texas, under County Clerk's File Number
353	353	20005013371 and along the Westerly line of said 2.6 acre tract, a
354	354	distance of 1,939.12 feet to a 5/8 inch iron rod with cap set for an
355	355	interior corner of said 99.4 acre tract and the northwesterly
356	356	corner of said 2.6 acre tract;
357	357	Thence, N 88°59'50" E, along a southerly line of said 99.4
358	358	acre tract, a distance of 60.00 feet to an axle found for the
359	359	southwesterly corner of that certain called 23.6084 acres of land
360	360	described in deed recorded in the Official Public Records of Real
361	361	Property of Liberty County, Texas, under County Clerk's File Number
362	362	2006009319 and the northwesterly corner of that certain called
363	363	24.628 acres of land described in deed recorded in the Official
364	364	Public Records of Real Property of Liberty County, Texas, under
365	365	County Clerk's File Number 2016001692;
366	366	Thence, S 00°38'29" E, along the westerly line of said 24.628
367	367	acre tract, a distance of 1,400.66 feet to an axle found for the
368	368	southwesterly corner of said 24.628 acre tract and the
369	369	northwesterly corner of that certain called 8.8163 acres of land
370	370	described in deed recorded under Volume 1906, Page 167 of the Deed
371	371	Records of Liberty County, Texas;
372	372	Thence, S 00°43'07" E, along the westerly line of said 8.8163
373	373	acre tract, a distance of 236.36 feet to a 5/8 inch iron rod with cap
374	374	set for the southwesterly corner of said 8.8163 acre tract and the
375	375	northwesterly corner of said 10.0274 acre tract;
376	376	Thence, N 89°09'16" E, along the Southerly line of said 8.8163
377	377	acre tract, a distance of 1,777.39 feet to a 3/4 inch iron rod found
378	378	in a westerly line of that certain called 1090.0 acres of land
379	379	described in deed recorded under volume 1957, Page 554 of the Deed
380	380	Records of Liberty County, Texas, for the southeasterly corner of
381	381	said 8.8163 acre tract.
382	382	Thence, along a westerly line of said 1090.0 acre tract, the
383	383	following courses and distances:
384	384	S 63°06'14" E, a distance of 27.94 feet to a point of curvature
385	385	to the right;
386	386	In a southeasterly direction, with said curve to the right,
387	387	having a central angle of 39°51'52", an arc length of 183.13 feet, a
388	388	radius of 263.21 feet, a chord bearing of S 43°10'18" E and a chord
389	389	distance of 179.46 feet to a point of tangency;
390	390	S 23°14'22" E, a distance of 92.72 feet to a 3/4 inch iron rod
391	391	in concrete found in the Northerly line of that certain called 12
392	392	acres of land described in deed recorded in the Official Public
393	393	Records of Real Property of Liberty County, Texas, under County
394	394	Clerk's File Number 2016012578 for the Southeasterly corner of said
395	395	10.0274 acre tract and a westerly corner of said 1090.0 acre tract;
396	396	Thence, N 89°35'31" W, along the northerly line of said 12
397	397	acre tract, a distance of 269.19 feet to a 3/4 inch iron rod found
398	398	for the Northwesterly corner of said 12 acre tract;
399	399	Thence, S 01°19'18" E, along the westerly line of said 12 acre
400	400	tract and the Westerly line of that certain called 12 acres of land
401	401	described in deed recorded under Volume 1268, Page 315 of the Deed
402	402	Records of Liberty County, Texas, at 676.67 feet pass a 3/4 inch
403	403	iron rod found for the Southwesterly corner of said 12 acre tract
404	404	recorded under Liberty County Clerk's File Number 2016012578 and
405	405	the Northwesterly corner of said 12 acre tract recorded under
406	406	Volume 1268, Page 315 of the Deed Records of Liberty County, in all
407	407	a total distance of 1,375.17 feet to a 5/8 inch iron rod with cap set
408	408	for the Southwesterly corner of said 12 acre tract recorded under
409	409	Volume 1268, Page 315 of the Deed Records of Liberty County;
410	410	Thence, S 89°45'33" E, along the Southerly line of said 12
411	411	acre tract recorded under Volume 1268, Page 315 of the Deed Records
412	412	of Liberty County, a distance of 772.79 feet to a 5/8 inch iron rod
413	413	with cap set in the Westerly line of that certain called 14.1112
414	414	acres of land described in deed recorded in the Official Public
415	415	Records of Real Property of Liberty County, Texas, under County
416	416	Clerk's File Number 2015002555, for the Southeasterly corner of
417	417	said 12 acre tract recorded under Volume 1268, Page 315 of the Deed
418	418	Records of Liberty County;
419	419	Thence, S 02°39'07" E, along the Westerly line of said 14.1112
420	420	acre tract, a distance of 436.62 feet to a railroad tie found for
421	421	the Northwesterly corner of that certain called 65 acres of land
422	422	described in deed recorded under Volume 1268, Page 315 of the Deed
423	423	Records of Liberty County, Texas and the Southwesterly corner of
424	424	said 14.1112 acre tract;
425	425	Thence, S 01°29'49" E, along the Westerly line of said 65 acre
426	426	tract and partially along the Westerly line of that certain called 5
427	427	acres of land described in deed recorded under Volume 1268, Page 315
428	428	of the Deed Records of Liberty County, Texas, a distance of 1,273.11
429	429	feet to a 1-1/2 inch iron pipe found in Southerly line of that
430	430	certain 200' Gulf States Utilities Company Right-of-way Easement
431	431	recorded under Volume 648, Page 606 of the Deed Records of Liberty
432	432	County, Texas and the Westerly line of said 5 acre tract;
433	433	Thence, N 76°56'31" W, along the Southerly line of said 200'
434	434	Gulf States Utilities Company Right-of-way Easement, a distance of
435	435	4,818.85 feet to a 1/2 inch iron pipe found in the Easterly line of
436	436	said Oak Shadows Subdivision;
437	437	Thence, N 00°25'01" W, along the Easterly line of said Oak
438	438	Shadows Subdivision, a distance of 49.82 feet to the POINT OF
439	439	BEGINNING and containing 253.23 acres of land.
440	440	Tract 3 - 24.97 Acres
441	441	A tract or parcel of land containing 24.97 acres situated in
442	442	the F.J.C. Smiley Survey, Abstract No. 345 and being part of the
443	443	first 55.023 acre tract in deed dated December 23, 1965 and recorded
444	444	in Volume 595, Page 149, of the Deed Records of Liberty County, TX,
445	445	and also being all of the 8.8163 acres of land out of a 18.8437 acre
446	446	tract of land out of the 26.1932 acres conveyed to C.J. Martin by
447	447	deed recorded in Volume 608, Page 323, Deed Records of Liberty
448	448	County, TX, being more particularly described as follows:
449	449	From the point of beginning being a found concrete monument
450	450	for the Southwest corner of said 55.023 acre tract;
451	451	Thence, North 03° 01' 09" West, a distance of 1250.99 feet to a
452	452	set five-eight inch iron rod in the Southerly margin of County Road
453	453	2189;
454	454	Thence, across County Road 2189, North 03° 01' 09" West, a
455	455	distance of 34.75 feet to a found five-eight inch iron rod in the
456	456	northerly margin of County Road 2189;
457	457	Thence, along said northerly margin, South 62° 42' 10" East, a
458	458	distance of 34.75 feet to a found five-eight-inch iron rod;
459	459	Thence, leaving said northerly margin, South 03° 01' 09" East,
460	460	a distance of 17.16 feet to a set PK nail in the center of said road;
461	461	Thence, along and with the center of said road, South 63° 59'
462	462	38" East, a distance of 99.61 feet to a point;
463	463	Thence, South 55° 06' 29" East, a distance of 288.37 feet to a
464	464	point;
465	465	Thence, along a curve to the right with a chord bearing of
466	466	South 42° 10' 03" East, a distance of 239.61 feet to a point, said
467	467	curve having a radius of 535.00 feet and arc length of 241.66 feet;
468	468	Thence, South 29° 13' 38" East, a distance of 378.87 feet to a
469	469	point;
470	470	Thence, South 22° 16' 06" East, a distance of 355.00 feet to a
471	471	point;
472	472	Thence, along a curve to the right with a chord bearing of
473	473	South 20° 40' 44" East, a distance of 31.09 feet to a set PK nail,
474	474	said curve having a radius of 756.43 feet and arc length of 31.09
475	475	feet;
476	476	Thence, leaving center of said road, North 86° 58' 51" East, a
477	477	distance of 14.16 feet to a found five-eight inch iron rod in the
478	478	easterly margin of said road;
479	479	Thence, along and with said margin, South 17° 53' 19" East, a
480	480	distance of 67.87 feet to a found five-eight inch iron rod;
481	481	Thence, South 11° 36' 11" East, a distance of 70.19 feet to a
482	482	found five-eight inch iron rod;
483	483	Thence, leaving said margin, South 86° 58' 51" West, a
484	484	distance of 30.34' to a set five-eight inch iron rod in the westerly
485	485	margin of said road;
486	486	Thence, along and with said margin, South 15° 42' 11" East, a
487	487	distance of 29.61 feet to a set five-eight inch iron rod;
488	488	Thence, along a curve to the left with a chord bearing of
489	489	South 37° 08' 29" East, a distance of 187.86 feet to a point, said
490	490	curve having a radius of 197.67 feet and arc length of 195.76 feet;
491	491	Thence, South 65° 30' 45" East, a distance of 110.94 feet to a
492	492	found three-quarter inch iron rod for the southeast corner of the
493	493	tract herein described;
494	494	Thence, leaving said margin, South 86° 44' 45" West, a
495	495	distance of 1774.10 feet to a set five-eight inch iron rod for the
496	496	southwest corner of the tract herein described;
497	497	Thence, North 03° 09' 41" West, a distance of 242.39 feet to a
498	498	found car axle;
499	499	Thence, North 86° 56' 29" East, a distance of 763.02 feet to
500	500	the point of beginning. said tract or parcel containing 24.97 acres
501	501	of land.
502	502	SAVE AND EXCEPT 5.57 Acres:
503	503	A tract or parcel of land, more particularly described as
504	504	Tract-A1 containing 5.57 acres situated in the F.J.C. Smiley
505	505	Survey, Abstract No. 345 and being part of the first 55.023 acre
506	506	tract in deed dated December 23, 1965 and recorded in Volume 595,
507	507	Page 149, of the Deed Records of Liberty County, TX, being more
508	508	particularly described as follows:
509	509	From the point of commencement, being a concrete monument
510	510	found at the Southwest corner of a 55.023 acre tract and described
511	511	in a deed as first tract dated December 23, 1965, and recorded in
512	512	Volume 595, Page 149, of the Deed Records of Liberty County, Texas,
513	513	the point of beginning bears North 03° 01' 09" west, a distance of
514	514	422.56 feet; said point of beginning is marked by a set five-eight
515	515	inch iron rod;
516	516	Thence, North 03° 01' 09" West, a distance of 845.80 feet to
517	517	the center of County Road 2189, from which a found five-eight inch
518	518	iron rod bears South 03° 01' 09" East a distance of 17.37 feet at the
519	519	southern margin of said road;
520	520	Thence, along and with center of said road, south 63° 44' 24"
521	521	east, a distance of 134.25 feet to a point;
522	522	Thence, South 55° 06' 29" East, a distance of 288.37 feet to a
523	523	point;
524	524	Thence, on a curve to the right, said curve having a chord
525	525	bearing of South 46° 37' 16" East a chord length of 157.91 feet, an
526	526	arc length of 158.49 feet and radius of 535.00 feet, to a set
527	527	five-eight inch iron rod;
528	528	Thence, leaving the center of said road, South 31° 01' 52"
529	529	West, a distance of 374.23 feet to a set five-eight inch iron rod;
530	530	Thence, South 03° 01' 09" East, a distance of 178.53 feet to a
531	531	set five-eight inch iron rod;
532	532	Thence, South 86° 58' 51" West, a distance of 243.99 feet to
533	533	the point of beginning.
534	534	Said tract or parcel containing 5.57 acres of land.
535	535	TRACT 4 - 10.00 Acres
536	536	Fieldnotes for a survey of a 10.000 acre tract of land out of
537	537	the F. J. Smiley Survey, Abstract No. 345, Liberty County, Texas,
538	538	and being out of the northerly portion of an original called 26.341
539	539	acre tract out of the Doris Nelson 100 acre tract described in deed
540	540	recorded in Volume 515, Page 314 of the Deed Records of Liberty
541	541	County, Texas,, and the Doris Nelson 99.4 acre tract described in
542	542	Volume 529, Page 482 of said Deed Records, said 10.000 acre tract
543	543	being more particularly described by metes and bounds as follows:
544	544	BEGINNING at an axle found in the southeast right-of-way line
545	545	of County Road 2184, at the northeast corner of that certain called
546	546	480.66 acre tract described in deed recorded under Liberty County
547	547	Clerk's File No. 2016007160 , and also marking the northwest corner
548	548	and POINT OF BEGINNING of the herein described tract;
549	549	Thence N 60 deg. 59 min. 45 sec. E, 221.57 feet along said
550	550	southeast right-of-way line of County Road 2184 to its intersection
551	551	with the westerly right-of-way line of County Road 2189, for the
552	552	northeast corner of the herein described tract, from which a 3/8
553	553	inch iron rod bears N 21 deg. 12 min. 28 sec. W, 3.66 feet;
554	554	Thence along said westerly line right-of-way line of County
555	555	Road 2189 the following:
556	556	S 13 deg. 16 min. 09 sec. E, 676.67 feet;
557	557	S 12 deg. 47 min. 30 sec. E, 70.12 feet;
558	558	S 07 deg. 12 min. 30 sec. E, 105.45 feet;
559	559	S 02 deg. 49 min. 30 sec. W, 203.00 feet; and
560	560	S 01 deg. 07 min. 58 sec. W, 387.62 feet, to a point being the
561	561	northeast corner of that certain called 6.00 acre tract described
562	562	in deed recorded under said County Clerk's File No. 2006014900, and
563	563	also being the southeast corner of the herein described tract;
564	564	Thence S 89 deg. 05 min. 50 sec. W along the north line of said
565	565	called 6.00 acre tract, at 20.00 feet passing a found 3/8 inch iron
566	566	rod, and continuing for a total distance of 339.43 feet to a 5/8
567	567	inch iron rod set in the east line of said called 480.66 acre tract,
568	568	marking the northwest corner of said called 6.00 acre tract, and
569	569	southwest corner of the herein described tract;
570	570	Thence N 00 deg. 54 min. 10 sec. W, 1320.01 feet along the
571	571	east line of said called 480.66 acre tract to the POINT OF BEGINNING
572	572	of the herein described 10.000 acre (435,559 square feet) tract of
573	573	land, and being that same property described in deed recorded under
574	574	said County Clerk's File No. 2013019193.
575	575	SECTION 3. (a) The legal notice of the intention to
576	576	introduce this Act, setting forth the general substance of this
577	577	Act, has been published as provided by law, and the notice and a
578	578	copy of this Act have been furnished to all persons, agencies,
579	579	officials, or entities to which they are required to be furnished
580	580	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
581	581	Government Code.
582	582	(b) The governor, one of the required recipients, has
583	583	submitted the notice and Act to the Texas Commission on
584	584	Environmental Quality.
585	585	(c) The Texas Commission on Environmental Quality has filed
586	586	its recommendations relating to this Act with the governor, the
587	587	lieutenant governor, and the speaker of the house of
588	588	representatives within the required time.
589	589	(d) All requirements of the constitution and laws of this
590	590	state and the rules and procedures of the legislature with respect
591	591	to the notice, introduction, and passage of this Act are fulfilled
592	592	and accomplished.
593	593	SECTION 4. (a) If this Act does not receive a two-thirds
594	594	vote of all the members elected to each house, Subchapter C, Chapter
595	595	7977A, Special District Local Laws Code, as added by Section 1 of
596	596	this Act, is amended by adding Section 7977A.0307 to read as
597	597	follows:
598	598	Sec. 7977A.0307. NO EMINENT DOMAIN POWER. The district may
599	599	not exercise the power of eminent domain.
600	600	(b) This section is not intended to be an expression of a
601	601	legislative interpretation of the requirements of Section 17(c),
602	602	Article I, Texas Constitution.
603	603	SECTION 5. This Act takes effect immediately if it receives
604	604	a vote of two-thirds of all the members elected to each house, as
605	605	provided by Section 39, Article III, Texas Constitution. If this
606	606	Act does not receive the vote necessary for immediate effect, this
607	607	Act takes effect September 1, 2023.