Texas 2023 - 88th Regular

Texas House Bill HB5335 Compare Versions

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1	1	88R12770 LRM-F
2	2	By: Kitzman H.B. No. 5335
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Fort Bend County Municipal Utility
8	8	District No. 264; 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 7974A to read as follows:
14	14	CHAPTER 7974A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 264
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7974A.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 Fort Bend County Municipal
22	22	Utility District No. 264.
23	23	Sec. 7974A.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. 7974A.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. 7974A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7974A.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. 7974A.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. 7974A.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. 7974A.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 7974A.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 7974A.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 7974A.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 7974A.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 7974A.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. 7974A.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. 7974A.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. 7974A.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. 7974A.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. 7974A.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. 7974A.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. 7974A.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	7974A.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. 7974A.0402. OPERATION AND MAINTENANCE TAX. (a) If
189	189	authorized at an election held under Section 7974A.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. 7974A.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. 7974A.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. 7974A.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. 7974A.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. Fort Bend County Municipal Utility District
223	223	No. 264 initially includes all the territory contained in the
224	224	following area:
225	225	A Field Note Description of 2413.886 Acres of Land, being:
226	226	1. the call J&J Farms call 314 Acre Tract (Volume 27, Page
227	227	206; Deed Records and Volume M, Page 576; Deed Records); being in
228	228	the Elisha Moore League, Abstract No. 439;
229	229	2. the call J.& J. Farms 25.24 Acre Tract (See Volume 100,
230	230	Page 368; Deed Records) being in the Antonio Balle Survey, Abstract
231	231	No. 107;
232	232	3. the call J.& J. Farms 200 Acre Tract. 151.5 Acres & 151.5
233	233	Acre Tracts as described in Volume 88, Page 319; Deed Records and
234	234	Volume 102, Page 339; Deed Records) being in the said Antonio Balle
235	235	Survey, Abstract No. 107;
236	236	4. the call J.& J. Farms call 985.46 Acre Tract described in
237	237	Agreement of Partition and Partition Deed-Tract D, call 1721.397
238	238	Acres (Volume 636, Page 907; Deed Records and FBC 2001041228) in the
239	239	Elizabeth Powell League, Abstract No. 71; and
240	240	5. the call J.&J. Farms call 332 or 302 Acres and call 400
241	241	Acres (See Volume 88, Page 319; Deed Records and Volume 102, Page
242	242	339; Deed Records), being in the E.B. George Survey, Abstract No.
243	243	199; all being in Fort Bend County, Texas.
244	244	For Connection beginning at 2-1/2 inch iron pipe found making
245	245	the East corner of said Elizabeth Powell League, Abstract No. 71 and
246	246	a re-entrant corner of said Antonio Balle Survey, Abstract No. 107;
247	247	THENCE, South 5.8°36’22” West (Base Bearing), along the Southeast
248	248	line of said Elizabeth Powell League, Abstract No. 71, at 4714.27
249	249	feet pass a corner post in the Northeast right-of-way line of Darst
250	250	Road, in all 4775.27 feet to a capped 5/8 inch iron rod stamped “
251	251	1535-4035” set at corner post in the Southwest right-ofway line of
252	252	said Darst Road marking the North corner of and place of beginning
253	253	for this tract;
254	254	THENCE, South 39°26’31” East, 2283.33 feet along said
255	255	Southwest right-of-way line of said Darst Road to a capped 5/8 inch
256	256	iron rod stamped “1535-4035” set marking the Northeast corner for
257	257	this tract;
258	258	THENCE, South 31°48’43” West, 3425.97 feet to a capped 5/8
259	259	inch iron rod stamped “1535-4035” set for angle point in this line;
260	260	THENCE, South 17°40’53” West, 5693.89 feet to a point marking
261	261	the Southeast corner for this tract, a capped 5/8 inch iron rod
262	262	stamped “1535-4035” was set North 20°31'19” East, 3.02 feet in North
263	263	water's edge;
264	264	THENCE, North 72°19’07” West, 5776.57 feet to a capped 5/8
265	265	inch iron rod stamped “1535-4035” set marking a re-entrant corner
266	266	for this tract;
267	267	THENCE, South 17°40’53” West, 2148.44 feet to a capped 5/8
268	268	inch iron rod stamped “1535-4035” set on the Easterly High Bank of
269	269	the San Bernard River and marking the most Southerly South corner of
270	270	this tract;
271	271	THENCE, Northwesterly along the East Bank of said San Bernard
272	272	River with the following courses and distances:
273	273	1. North 54°15’46” West, 397.94 feet to an angle point;
274	274	2. North 33°05’22” East, 100.13 feet to an angle point;
275	275	3. North 54°31’32” East, 225.58 feet to an angle point;
276	276	4. North 73°06’12” East, 82.28 feet to an angle point;
277	277	5. North 02°52’38” West, 91.48 feet to an angle point;
278	278	6. North 60°28’48” West, 204.42 feet to an angle point;
279	279	7. North 30°40’52” East, 129.33 feet to an angle point;
280	280	8. North 25°01’12” East, 185.54 feet to an angle point;
281	281	9. North 00°22’18” West, 65.53 feet to an angle point;
282	282	10. North 58°53’38” West, 111.53 feet to an angle point;
283	283	11. North 14°52’28” West, 140.16 feet to an angle point;
284	284	12. North 13°05’12” East, 191.47 feet to an angle point;
285	285	13. North 45°06’58” West, 88.77 feet to an angle point;
286	286	14. North 09°03’28” West, 167.48 feet to an angle point;
287	287	15. North 16°11’38” West, 182.22 feet to an angle point;
288	288	16. North 42°07’38” West, 221.65 feet to an angle point;
289	289	17. North 56°02’58” West, 198.95 feet to an angle point;
290	290	18. North 36°41’28” West, 211.06 feet to an angle point;
291	291	19. North 24°26’38” West, 133.17 feet to an angle point;
292	292	20. North 23°54’12” East, 106.41 feet to an angle point;
293	293	21. North 41°53’18” West, 174.82 feet to an angle point;
294	294	22. North 02°53’18” West, 197.19 feet to an angle point;
295	295	23. North 39°00’58” West, 148.80 feet to an angle point;
296	296	24. North 67°47’38” West, 137.57 feet to an angle point;
297	297	25. North l 7°48’52” East, 193.57 feet to an angle point;
298	298	26. North 30°26’08” West, 128.70 feet to an angle point;
299	299	27. North 76°52’08” West, 228.77 feet to an angle point;
300	300	28. North 18°05’52” East, 98.86 feet to an angle point;
301	301	29. North 78°00’52” East, 268.86 feet to an angle point;
302	302	30. North 46°53’12” East, 113.48 feet to an angle point;
303	303	31. North 04°06’52” East, 103.84 feet to an angle point;
304	304	32. North 54°03’18” West, 184.68 feet to an angle point;
305	305	33. North 08°03’52” East, 135.68 feet to an angle point;
306	306	34. North 24°31’22” East, 233.79 feet to an angle point;
307	307	35. North 19°32’28” West, 202.10 feet to an angle point;
308	308	36. North 70°38’52” East, 315.83 feet to an angle point;
309	309	37. North 15°47’02” East, 196.36 feet to an angle point;
310	310	38. North 15°56’42” East, 233.88 feet to an angle point;
311	311	39. North 00°04’42” East, 157.36 feet to an angle point;
312	312	40. North 50°27’38” West, 174.36 feet to an angle point;
313	313	41. North 60°52’08” West, 212.26 feet to an angle point;
314	314	42. North 6l°50’48” West, 249.67 feet to an angle point;
315	315	43. North 06°35’18” West, 243.23 feet to an angle point;
316	316	44. North 15°38’28” West, 217.52 feet to an angle point;
317	317	45. North 05°03’38” West, 126.69 feet to an angle point;
318	318	46. North 45°57’28” West, 103.01 feet to an angle point;
319	319	47. North 21°58’18” West, 122.38 feet to an angle point;
320	320	48. North 29°58’18” West, 92.23 feet to an angle point;
321	321	49. North 73°53’28” West, 186.74 feet to an angle point;
322	322	50. South 68°56’22” West, 345.61 feet to an angle point;
323	323	51. South 77°44’15” West, 351.38 feet to an angle point;
324	324	52. South 80°58’19” West, 142.37 feet to point marking the
325	325	Southerly Southwest corner of this tract;
326	326	THENCE, North 19°09’12” East, at 20.0 feet pass a capped 5/8
327	327	inch iron rod stamped “1535-4035” set, then along a fence line, in
328	328	all 2120.31 feet to a 1-1/4 inch iron pipe found for corner marking
329	329	a re-entrant corner of this tract;
330	330	THENCE, North 69°20’52” West, 372.87 feet to a 1-1/4 inch iron
331	331	pipe found for another Southwest corner of this tract;
332	332	THENCE, North 03°53’32” East, along a fence line, 3945.81
333	333	feet to another 1-1/4 inch iron pipe found for corner;
334	334	THENCE, North 57°20’37” East, along a fence line, 1014.32
335	335	feet to a 1/2 inch iron pipe found for angle point;
336	336	THENCE, North 13°21’07”' East, along a fence line, 1247.36
337	337	feet to a capped 5/8 inch iron rod stamped “1535-4035” set for
338	338	corner;
339	339	THENCE, North 32°44”20” West, 140.72 feet to a 1/2 inch iron
340	340	pipe found for corner;
341	341	THENCE, North 57°51’15” East, 1573.14 feet to a capped 5/8
342	342	inch iron rod stamped “1535-4035” set marking the Southeast corner
343	343	of the J.D. Robinson call 15.02 Acre Tract (FBC 2001041228);
344	344	THENCE, North 32°41’23’ West, 228.32 feet to a corner post
345	345	marking the Northeast corner of said J.D. Robinson 15.02 Acre
346	346	Tract;
347	347	THENCE, South 58°00’37” West, 1573.41 feet along the
348	348	Northwest line of said call 15.02 Tract to a capped 5/8 inch iron
349	349	rod stamped “1535-4035” set for corner;
350	350	THENCE, North 32°44’11” West, 459.13 feet to a capped 5/8 inch
351	351	iron rod stamped “1535-4035” set marking the most Northerly
352	352	Northwest corner of this tract;
353	353	THENCE, North 57°57’49” East, along a fence line marking the
354	354	Northerly line of a 30 foot wide Road Easement recorded in Partition
355	355	Deed-Volume 636, Page 907; Deed Records of Fort Bend County, Texas,
356	356	3813.7 feet to a capped 5/8 inch iron rod stamped “1535-4035” set
357	357	for the most Northerly North corner of this tract in the
358	358	Southwesterly right-of-way line of said Darst Road as recognized on
359	359	the ground;
360	360	THENCE, South 32°13’30” East, along said Southwesterly
361	361	right-of-way line of said Darst Road, 987.27 feet to a capped 5/8
362	362	inch iron rod stamped “1535-4035” set marking the North corner of
363	363	the Dillard Estate call 1.0 Acre Tract (Volume 587, Page 924; Deed
364	364	Records Fort Bend County, Texas);
365	365	THENCE, South 41°11’ West, 208.7 feet to a capped 5/8 inch
366	366	iron rod stamped “1535-4035” set marking the West corner of said
367	367	Dillard 1.0 Acre Tract;
368	368	THENCE, South 48°37’46” East, 208.7 feet to a capped 5/8 inch
369	369	iron rod stamped “1535-4035” set marking the South corner of said
370	370	Dillard 1.0 Acre Tract;
371	371	THENCE, North 41°11’ East, 208.7 feet to a capped 5/8 inch
372	372	iron rod stamped “1535-4035” set marking the East corner of said
373	373	Dillard 1.0 Acre Tract;
374	374	THENCE, Southeasterly along the Southerly right-of-way line
375	375	of said Darst Road with the following courses and distances:
376	376	South 57°06'39” East, 26.33 feet to a 60d nail found for
377	377	corner;
378	378	South 60°37'10” East, 143.11 feet to a capped 5/8 inch iron
379	379	rod stamped “1535-4035” set for angle point;
380	380	South 82°12'12” East, 1093.68 feet to a capped 5/8 inch iron
381	381	rod stamped “1535-4035” set for angle point;
382	382	South 69°16’ East, 112.14 feet to a capped 5/8 inch iron rod
383	383	stamped “1535-4035” set a corner post marking Northerly Northeast
384	384	corner of this tract;
385	385	South 39°57'59” East, 421.99 feet to a capped 5/8 inch iron
386	386	rod stamped “1535-4035” set at a corner post marking the Northerly
387	387	Northeast corner of this tract;
388	388	THENCE, South 39°45'03” West, leaving said Darst Road, along a
389	389	fence line 800.42 feet to a capped 5/8 inch iron rod stamped “
390	390	1535-4035” set for angle point;
391	391	THENCE, South 30°53'39” West, along a fence line, 1581.12 feet
392	392	to a capped 5/8 inch iron rod stamped “1535-4035” set for angle
393	393	point;
394	394	THENCE, South 61°39'47” West, along a fence line, 440.23 feet
395	395	to a 8 inch corner post found for angle point;
396	396	THENCE, South 49°28'44” West, along a fence line, 591.17 feet
397	397	to a capped 5/8 inch iron rod stamped “1535-4035” set on the North
398	398	side of a 12 inch corner post for a re-entrant corner of this tract;
399	399	THENCE, South 32°40' East, along a fence line, 4691.8 feet to
400	400	a capped 5/8 inch iron rod stamped “1535-4035” set for angle point;
401	401	THENCE, Southeasterly following a fence line with the
402	402	following courses and distances:
403	403	South 35°58’15” East, 40.91 feet to a Railroad Tie for angle
404	404	point;
405	405	South 47°19’54” East, 24.51 feet to a Railroad Tie for angle
406	406	point;
407	407	South 65°08’02” East, 566.63 feet to a corner post found for
408	408	another re-entrant corner of this tract;
409	409	THENCE, North l0°13’40” East, along a fence line 634.47 feet
410	410	to a corner post for angle point;
411	411	THENCE, North 58°36’22” East, along said Northwest line of
412	412	the Antonio Balle Survey, Abstract No. 107 and Southeast line of the
413	413	Elizabeth Powell League, Abstract No. 71, 3186.2 feet to the place
414	414	of beginning and containing 2413.886 Acres of Land.
415	415	SECTION 3. (a) The legal notice of the intention to
416	416	introduce this Act, setting forth the general substance of this
417	417	Act, has been published as provided by law, and the notice and a
418	418	copy of this Act have been furnished to all persons, agencies,
419	419	officials, or entities to which they are required to be furnished
420	420	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
421	421	Government Code.
422	422	(b) The governor, one of the required recipients, has
423	423	submitted the notice and Act to the Texas Commission on
424	424	Environmental Quality.
425	425	(c) The Texas Commission on Environmental Quality has filed
426	426	its recommendations relating to this Act with the governor, the
427	427	lieutenant governor, and the speaker of the house of
428	428	representatives within the required time.
429	429	(d) All requirements of the constitution and laws of this
430	430	state and the rules and procedures of the legislature with respect
431	431	to the notice, introduction, and passage of this Act are fulfilled
432	432	and accomplished.
433	433	SECTION 4. (a) If this Act does not receive a two-thirds
434	434	vote of all the members elected to each house, Subchapter C, Chapter
435	435	7974A, Special District Local Laws Code, as added by Section 1 of
436	436	this Act, is amended by adding Section 7974A.0307 to read as
437	437	follows:
438	438	Sec. 7974A.0307. NO EMINENT DOMAIN POWER. The district may
439	439	not exercise the power of eminent domain.
440	440	(b) This section is not intended to be an expression of a
441	441	legislative interpretation of the requirements of Section 17(c),
442	442	Article I, Texas Constitution.
443	443	SECTION 5. This Act takes effect immediately if it receives
444	444	a vote of two-thirds of all the members elected to each house, as
445	445	provided by Section 39, Article III, Texas Constitution. If this
446	446	Act does not receive the vote necessary for immediate effect, this
447	447	Act takes effect September 1, 2023.