H.B. No. 5325
AN ACT
relating to the boundaries of the Fort Bend County Municipal
Utility District No. 144.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITION. In this Act, "district" means the
Fort Bend County Municipal Utility District No. 144.
SECTION 2. EXCLUSION OF TERRITORY. The boundaries of the
district are adjusted to exclude the following parcel of land:
35.460 acres of land situated in the Wm. Lusk Survey,
Abstract 276, Fort Bend County, Texas, being that certain called
35.46-acre tract of land as described in deed and recorded in the
Official Public Records of Real Property of Fort Bend County, Texas
under County Clerk's File Number 2003148301, said 35.460 acres of
land being more particularly described by metes and bounds as
follows, bearing orientation is based on the Texas Coordinate
System of 1983, South Central Zone:
COMMENCING at a P.K. nail found at the northeasterly corner
of the Wm. Lusk Survey, Abstract 276, being the southeasterly
corner of the Jane H. Long Survey, Abstract 55 and being in the
northwesterly line of the Wiley Martin Survey, Abstract 56;
Thence, N 67'42'50" W, with the common line of the Wm. Lusk
and Jane H. Long Surveys, a distance of 2765.00 feet to a 5/8-inch
iron rod with cap set for the POINT OF BEGINNING of the herein
described tract;
Thence, S 22'17'36" W, with the northwesterly line of that
certain called 3.42-acre tract of land as described in deed and
recorded In the Official Public Records of Real Property of Fort
Bend County, Texas under County Clerk's File Number 9722217, a
distance of 261.42 feet to a point in the northerly right-of-way
line of F.M. 762 (based on a width of 100.00 feet), from which a
found 3/4 inch iron pipe bears N 29°32' E, a distance of 0.4 feet;
Thence, N 83'10'49" W, with the northerly right-of-way line
of F.M. 762, a distance of 858.67 feet to a 3/4-inch iron pipe found
for a point of curvature to the right;
Thence in a northwesterly direction along the northeasterly
right-of-way line of F.M. 762 with said curve to the right, having a
central angle of 19'38'05', a radius of 5670.00 feet, an arc length
of 1943.07 feet and having a chord bearing of N 73°21'47' W, a
distance of 1933.57 feet to a 3/4 inch iron pipe found In the
southeasterly line of the Robert E. Hardy Survey, Abstract 187;
Thence, N 22°22'55" E, with the southeasterly line of the
Robert E. Hardy Survey, a distance of 680.74 feet to a 3/4 Inch iron
pipe found in the southwesterly line of the Jane H. Long Survey;
Thence, S 67°42'50" E, with the southwesterly line of the Jane
H. Long Survey, a distance of 2750.66 feet to the POINT OF BEGINNING
and containing 35.460 acres of land.
SECTION 3. RIGHTS OF BONDHOLDERS. The exclusion of
property under this Act does not diminish or impair the rights of
the holders of any outstanding and unpaid bonds, warrants, or other
certificates of indebtedness of the district.
SECTION 4. APPORTIONMENT OF DISTRICT INDEBTEDNESS. (a)
The excluded property is not released from the payment of its pro
rata share of the district's indebtedness.
(b) The district shall continue to levy taxes each year on
the property excluded from the district at the same rate levied on
other property of the district until the taxes collected from the
excluded property equal the property's pro rata share of the
indebtedness of the district on the effective date of this Act. The
taxes collected shall be applied exclusively to the payment of the
excluded property's pro rata share of the indebtedness.
(c) The owner of any part of the excluded property at any
time may pay in full the owner's share of the pro rata share of the
indebtedness of the district. The district may apply all or a
portion of funds previously paid or advanced to the district by an
owner of any part of the excluded property toward the payment of the
owner's pro rata share of the indebtedness of the district.
SECTION 5. NOTICE. (a) The legal notice of the intention
to introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 6. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5325 was passed by the House on May 2,
2023, by the following vote: Yeas 116, Nays 28, 3 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5325 was passed by the Senate on May
17, 2023, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor