Texas 2023 - 88th Regular

Texas House Bill HB5339 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 5339
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Montgomery County Municipal Utility
6	6	District No. 223; granting a limited power of eminent domain;
7	7	providing authority to issue bonds; providing authority to impose
8	8	assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 7955A to read as follows:
12	12	CHAPTER 7955A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO.
13	13	223
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 7955A.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Montgomery County Municipal
21	21	Utility District No. 223.
22	22	Sec. 7955A.0102. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 7955A.0103. CONFIRMATION AND DIRECTOR ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 7955A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section
31	31	7955A.0103 until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district as required by
35	35	applicable law.
36	36	Sec. 7955A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7955A.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7955A.0201. GOVERNING BODY; TERMS. (a) The district
60	60	is governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7955A.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7955A.0202. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act enacting this chapter, the owner or owners
65	65	of a majority of the assessed value of the real property in the
66	66	district may submit a petition to the commission requesting that
67	67	the commission appoint as temporary directors the five persons
68	68	named in the petition. The commission shall appoint as temporary
69	69	directors the five persons named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7955A.0103; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 7955A.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 7955A.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 7955A.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 7955A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 7955A.0303. AUTHORITY FOR ROAD PROJECTS. Under
101	101	Section 52, Article III, Texas Constitution, the district may
102	102	design, acquire, construct, finance, issue bonds for, improve,
103	103	operate, maintain, and convey to this state, a county, or a
104	104	municipality for operation and maintenance macadamized, graveled,
105	105	or paved roads, or improvements, including storm drainage, in aid
106	106	of those roads.
107	107	Sec. 7955A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
108	108	road project must meet all applicable construction standards,
109	109	zoning and subdivision requirements, and regulations of each
110	110	municipality in whose corporate limits or extraterritorial
111	111	jurisdiction the road project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards,
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 7955A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
121	121	ORDINANCE OR RESOLUTION. The district shall comply with all
122	122	applicable requirements of any ordinance or resolution that is
123	123	adopted under Section 54.016 or 54.0165, Water Code, and that
124	124	consents to the creation of the district or to the inclusion of land
125	125	in the district.
126	126	Sec. 7955A.0306. DIVISION OF DISTRICT. (a) The board, on
127	127	its own motion or on receipt of a petition signed by the owner or
128	128	owners of a majority of the assessed value of the real property in
129	129	the district, may adopt an order dividing the district.
130	130	(b) An order dividing a district may create one or more new
131	131	districts and may provide for the continuation of the district.
132	132	(c) An order dividing the district must:
133	133	(1) name any new district;
134	134	(2) include the metes and bounds description of the
135	135	territory of each of the districts;
136	136	(3) appoint temporary directors for any new district;
137	137	and
138	138	(4) provide for the division of assets and liabilities
139	139	between the districts.
140	140	(d) The board may adopt an order dividing the district
141	141	before or after the date the board holds an election to confirm the
142	142	district's creation.
143	143	(e) The district may be divided only if the district:
144	144	(1) has never issued any bonds; and
145	145	(2) is not imposing ad valorem taxes.
146	146	(f) A new district created by the division of the district
147	147	may not, at the time the new district is created, contain any land
148	148	outside the area described by Section 2 of the Act enacting this
149	149	chapter.
150	150	(g) On or before the 30th day after the date of adoption of
151	151	an order dividing the district, the district shall file the order
152	152	with the commission and record the order in the real property
153	153	records of each county in which the district is located.
154	154	(h) This chapter applies to any new district created by the
155	155	division of the district, and a new district has all the powers and
156	156	duties of the district.
157	157	(i) A new district created by the division of the district
158	158	shall hold a confirmation and directors' election.
159	159	(j) If the creation of the new district is confirmed, the
160	160	new district shall provide the election date and results to the
161	161	commission.
162	162	(k) A new district created by the division of the district
163	163	must hold an election as required by this chapter to obtain voter
164	164	approval before the district may impose a maintenance tax or issue
165	165	bonds payable wholly or partly from ad valorem taxes.
166	166	(l) The district may continue to rely on confirmation,
167	167	directors', bond, or tax elections held prior to the division of the
168	168	district.
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. 7955A.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	7955A.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. 7955A.0402. OPERATION AND MAINTENANCE TAX. (a) If
189	189	authorized at an election held under Section 7955A.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. 7955A.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. 7955A.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. 7955A.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. 7955A.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. Montgomery County Municipal Utility District
223	223	No. 223 initially includes all the territory contained in the
224	224	following area:
225	225	An 819.0 acre tract of land situated in the W.M. Rankin
226	226	Survey, Abstract No. 30, and the N. Griffin Survey, Abstract
227	227	No. 16, Montgomery County, Texas; said 819.0 acre tract of land
228	228	being out of and a part of a called 537.81 acre tract of land and a
229	229	called 680.88 acre tract of land as conveyed to Thomas McGrady and
230	230	recorded under Volume 695, Page 156 of the Deed Records of
231	231	Montgomery County, Texas (M.C.D.R.); said 819.0 acre tract of land
232	232	being more particularly described by metes and bounds as follows:
233	233	NOTE: The basis of bearings is referenced to the Texas State
234	234	Plane Coordinate System of 1983, South Central Zone (#4204), as
235	235	defined by article 21.071 of the Natural Resources Code of the State
236	236	of Texas, 1983 Datum (2001 adjustment). All distances are actual
237	237	distances.
238	238	BEGINNING at a the Easternmost corner of said McGrady tract
239	239	of land, the Northeast corner of a called 40.26 acre tract of land
240	240	as conveyed to Sarah Martin and recorded under County Clerk's File
241	241	Number (M.C.C.F. No.) 8736234 of the Official Public Records of
242	242	Real Property (O.P.R.O.R.P.) and being in the Western right-of-way
243	243	line of Spring Branch Road (60' right-of-way & 60' prescriptive
244	244	right-of-way) as recorded under Volume 372, Page 276 of the
245	245	M.C.D.R.
246	246	THENCE S 86°42'47" W, with an interior line of said McGrady
247	247	tract of land and the North line of said 41 acre tract of land, at a
248	248	distance of 1,231.86 feet passing the Northwest corner of said 41
249	249	acre tract of land and the Northeast corner of a called 12.36 acre
250	250	tract of land as conveyed to Richard Hill and recorded under Volume
251	251	153, Page 465 of the M.C.D.R., and continuing for a total distance
252	252	of 1,505.85 feet, to a 1/2" iron pipe found for the Northwest corner
253	253	of said 12.36 acre tract of land and an interior corner of said
254	254	McGrady tract of land.
255	255	THENCE S 02°56'09" E, with an interior line of said McGrady
256	256	tract of land and the West line of said 12.36 acre tract of land, a
257	257	distance of 481.80 feet, to an interior point for said McGrady tract
258	258	of land and an interior point of said 12.36 acre tract of land.
259	259	THENCE S 87°11'51" W, with an interior line of said McGrady
260	260	tract of land and the said 12.36 acre tract of land, a distance of
261	261	446.00 feet, to a 1/2" iron pipe found for an interior corner of
262	262	said McGrady tract of land and the Northwest corner of said 12.36
263	263	acre tract of land.
264	264	THENCE S 02°56'09" E, with an interior line of said McGrady
265	265	tract of land and the West line of said 12.36 acre tract of land, a
266	266	distance of 569.70 feet, to a 1/2" iron pipe found for an interior
267	267	corner of said McGrady tract of land, the Southwest corner of said
268	268	12.36 acre tract of land and being in the North line of a called 50
269	269	acre tract of land as conveyed to KRP Properties 1, LLC and recorded
270	270	under M.C.C.F. No. 2018042281 of the O.P.R.O.R.P.
271	271	THENCE S 86°34'00" W, with the interior line of said McGrady
272	272	tract of land and the North line of said 50 acre tract of land, a
273	273	distance of 1,216.16 feet, to a point for corner.
274	274	THENCE N 88°54'56" W, with the interior line of said McGrady
275	275	tract of land and the North line of said 50 acre tract of land, a
276	276	distance of 154.61 feet, to an interior point of said McGrady tract
277	277	of land, and the Northwest corner of said 50 acre tract of land.
278	278	THENCE S 16°01'18" E, with the interior line of said McGrady
279	279	tract of land and the Southwest line of said 50 acre tract of land, a
280	280	distance of 56.45 feet, to a point for corner.
281	281	THENCE S 57°34'14" E, with the interior line of said McGrady
282	282	tract of land and the Southwest line of said 50 acre tract of land, a
283	283	distance of 1,472.12 feet, to an interior point for this tract of
284	284	land, being in the Southwest line of said 50 acre tract of land, and
285	285	the Northwest corner of a called 100.00 acre tract of land as
286	286	conveyed to Firdaus P. Jhabvala and Josefina Ososrio Avalos and
287	287	recorded under M.C.C.F. No. 2014020922 of the O.P.R.O.R.P.
288	288	THENCE with the East line of said McGrady tract of land and
289	289	the West line of said 100.00 acre tract of land, the following
290	290	courses and distances:
291	291	1. S 00°19'11" E, a distance of 1,049.86 feet, to a point for
292	292	corner.
293	293	2. S 11°21'37" W, a distance of 991.73 feet, to a point for
294	294	corner.
295	295	3. S 56°16'33" W, a distance of 15.04 feet, to a point for
296	296	corner.
297	297	4. S 09°01'56" W, a distance of 512.88 feet, to a point for
298	298	the Southeast corner of said McGrady tract of land and the Southwest
299	299	corner of said 100.00 acre tract of land.
300	300	THENCE with the West line of said McGrady tract of land the
301	301	following courses and distances:
302	302	1. N 55°08'39" W, a distance of 257.97 feet, to a point for
303	303	corner.
304	304	2. N 74°32'21" W, a distance of 252.82 feet, to a point for
305	305	corner.
306	306	3. S 79°05'19" W, a distance of 106.56 feet, to a point for
307	307	corner.
308	308	4. S 31°16'38" W, a distance of 194.00 feet, to a point for
309	309	corner.
310	310	5. S 56°18'43" W, a distance of 159.56 feet, to a point for
311	311	corner.
312	312	6. N 72°01'22" W, a distance of 354.34 feet, to a point for
313	313	corner.
314	314	7. N 44°48'11" W, a distance of 313.53 feet, to a point for
315	315	corner.
316	316	8. N 61°48'15" W, a distance of 154.90 feet, to a point for
317	317	corner.
318	318	9. N 70°51'53" W, a distance of 87.12 feet, to a point for
319	319	corner.
320	320	10. N 88°06'33" W, a distance of 408.00 feet, to a point for
321	321	corner.
322	322	11. N 20°17'36" W, a distance of 153.35 feet, to a point for
323	323	corner.
324	324	12. N 24°19'33" W, a distance of 168.70 feet, to a point for
325	325	corner.
326	326	13. S 65°40'27" W, a distance of 262.10 feet, to a point for
327	327	corner.
328	328	14. N 58°30'33" W, a distance of 225.90 feet, to a point for
329	329	corner.
330	330	15. N 08°42'33" W, a distance of 85.10 feet, to a point for
331	331	corner.
332	332	16. N 36°31'27" E, a distance of 151.60 feet, to a point for
333	333	corner.
334	334	17. N 28°00'33" W, a distance of 98.60 feet, to a point for
335	335	corner.
336	336	18. N 77°23'33" W, a distance of 141.60 feet, to a point for
337	337	corner.
338	338	19. S 83°22'27" W, a distance of 363.00 feet, to a point for
339	339	corner.
340	340	20. N 60°51'33" W, a distance of 151.30 feet, to a point for
341	341	corner.
342	342	21. N 60°04'33" W, a distance of 145.90 feet, to a point for
343	343	corner.
344	344	22. N 15°41'27" E, a distance of 371.00 feet, to a point for
345	345	corner.
346	346	23. N 26°34'27" E, a distance of 175.90 feet, to a point for
347	347	corner.
348	348	24. S 55°49'27" W, a distance of 138.00 feet, to a point for
349	349	corner.
350	350	25. N 48°43'33" W, a distance of 157.00 feet, to a point for
351	351	corner.
352	352	26. N 26°31'33" W, a distance of 205.70 feet, to a point for
353	353	corner.
354	354	27. N 00°47'33" W, a distance of 146.00 feet, to a point for
355	355	corner.
356	356	28. N 16°58'27" E, a distance of 301.40 feet, to a point for
357	357	corner.
358	358	29. N 74°45'27" E, a distance of 154.60 feet, to a point for
359	359	corner.
360	360	30. S 46°34'33" E, a distance of 316.90 feet, to a point for
361	361	corner.
362	362	31. N 42°59'27" E, a distance of 70.70 feet, to a point for
363	363	corner.
364	364	32. N 18°37'33" W, a distance of 597.20 feet, to a point for
365	365	corner.
366	366	33. N 67°58'33" W, a distance of 229.90 feet, to a point for
367	367	corner.
368	368	34. N 53°33'33" W, a distance of 55.60 feet, to a point for
369	369	corner.
370	370	35. N 88°31'33" W, a distance of 211.70 feet, to a point for
371	371	corner.
372	372	36. N 25°10'33" W, a distance of 62.70 feet, to a point for
373	373	corner.
374	374	37. N 16°52'27" E, a distance of 122.60 feet, to a point for
375	375	corner.
376	376	38. N 43°14'27" E, a distance of 204.40 feet, to a point for
377	377	corner.
378	378	39. N 25°19'33" W, a distance of 132.70 feet, to a point for
379	379	corner.
380	380	40. S 74°24'27" W, a distance of 330.40 feet, to a point for
381	381	corner.
382	382	41. N 34°20'33" W, a distance of 339.70 feet, to a point for
383	383	corner.
384	384	42. N 08°45'33" W, a distance of 343.50 feet, to a point for
385	385	corner.
386	386	43. N 33°07'27" E, a distance of 274.30 feet, to a point for
387	387	corner.
388	388	44. N 19°28'33" W, a distance of 232.30 feet, to a point for
389	389	corner.
390	390	45. N 87°38'20" E, a distance of 1,203.17 feet, to a point for
391	391	corner.
392	392	46. N 28°58'47" E, a distance of 115.50 feet, to a point for
393	393	corner.
394	394	47. N 00°44'47" E, a distance of 300.00 feet, to a point for
395	395	corner.
396	396	48. N 10°23'13" W, a distance of 247.00 feet, to a point for
397	397	corner.
398	398	49. N 14°00'47" E, a distance of 160.00 feet, to a point for
399	399	corner.
400	400	50. N 15°57'47" E, a distance of 127.00 feet, to a point for
401	401	corner.
402	402	51. N 34°16'47" E, a distance of 185.40 feet, to a point for
403	403	corner.
404	404	52. N 15°14'47" E, a distance of 178.00 feet, to a point for
405	405	corner.
406	406	53. N 33°37'47" E, a distance of 214.00 feet, to a point for
407	407	corner.
408	408	54. N 55°22'47" E, a distance of 213.70 feet, to a point for
409	409	corner.
410	410	55. N 26°31'47" E, a distance of 152.00 feet, to a point for
411	411	corner.
412	412	56. N 07°12'13" W, a distance of 85.00 feet, to a point for
413	413	corner.
414	414	57. N 17°22'47" E, a distance of 285.40 feet, to a point for
415	415	corner.
416	416	58. N 31°32'47" E, a distance of 145.00 feet, to a point for
417	417	corner.
418	418	59. N 00°01'47" E, a distance of 452.80 feet, to a point for
419	419	corner.
420	420	60. N 41°38'13" W, a distance of 335.40 feet, to a point for
421	421	corner.
422	422	61. N 23°34'47" E, a distance of 240.20 feet, to a point for
423	423	corner.
424	424	62. S 86°57'13" E, a distance of 293.00 feet, to a point for
425	425	corner.
426	426	63. N 14°02'47" E, a distance of 60.80 feet, to a point for
427	427	corner.
428	428	64. N 04°16'13" W, a distance of 141.60 feet, to a point for
429	429	corner.
430	430	65. N 42°16'13" W, a distance of 276.90 feet, to a point for
431	431	corner.
432	432	66. N 53°00'13" W, a distance of 360.70 feet, to a point for
433	433	corner.
434	434	67. N 09°21'13" W, a distance of 151.20 feet, to a point for
435	435	corner.
436	436	68. S 62°05'13" E, a distance of 125.00 feet, to a point for
437	437	corner.
438	438	69. N 43°23'47" E, a distance of 420.00 feet, to a point for
439	439	corner.
440	440	70. N 18°02'13" W, a distance of 301.90 feet, to a point for
441	441	corner.
442	442	71. N 49°00'47" E, a distance of 501.30 feet, to a point for
443	443	corner.
444	444	72. N 29°48'47" E, a distance of 341.90 feet, to a point for
445	445	corner.
446	446	73. N 36°51'47" E, a distance of 106.72 feet, to a point for
447	447	the Northwest corner of said McGrady tract of land and the Southwest
448	448	corner of a called 50.000 acre tract of land as conveyed to Earnest
449	449	Paul Stroade and wife Katie Jo Stroade and Paula Sue Stroade and
450	450	recorded under M.C.C.F. No. 2013078842 of the O.P.R.O.R.P.
451	451	THENCE N 88°33'15" E, with the North line of said McGrady
452	452	tract of land and the South line of said 50.000 acre tract of land, a
453	453	distance of 3,380.63 feet, to a point for the Northeast corner of
454	454	said McGrady tract of land, the Southeast corner of said 50.000 acre
455	455	tract of land and being in the Western right-of-way line of said
456	456	Spring Branch Road.
457	457	THENCE S 03°39'13" E, with the East line of said McGrady tract
458	458	of land and the Western right-of-way line of said Spring Branch
459	459	Road, a distance of 4,892.19 feet, to the PLACE OF BEGINNING;
460	460	containing within said boundaries a calculated area of 819.0 of an
461	461	acre of land.
462	462	SECTION 3. (a) The legal notice of the intention to
463	463	introduce this Act, setting forth the general substance of this
464	464	Act, has been published as provided by law, and the notice and a
465	465	copy of this Act have been furnished to all persons, agencies,
466	466	officials, or entities to which they are required to be furnished
467	467	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
468	468	Government Code.
469	469	(b) The governor, one of the required recipients, has
470	470	submitted the notice and Act to the Texas Commission on
471	471	Environmental Quality.
472	472	(c) The Texas Commission on Environmental Quality has filed
473	473	its recommendations relating to this Act with the governor, the
474	474	lieutenant governor, and the speaker of the house of
475	475	representatives within the required time.
476	476	(d) All requirements of the constitution and laws of this
477	477	state and the rules and procedures of the legislature with respect
478	478	to the notice, introduction, and passage of this Act are fulfilled
479	479	and accomplished.
480	480	SECTION 4. (a) If this Act does not receive a two-thirds
481	481	vote of all the members elected to each house, Subchapter C, Chapter
482	482	7955A, Special District Local Laws Code, as added by Section 1 of
483	483	this Act, is amended by adding Section 7955A.0307 to read as
484	484	follows:
485	485	Sec. 7955A.0307. NO EMINENT DOMAIN POWER. The district may
486	486	not exercise the power of eminent domain.
487	487	(b) This section is not intended to be an expression of a
488	488	legislative interpretation of the requirements of Section 17(c),
489	489	Article I, Texas Constitution.
490	490	SECTION 5. This Act takes effect immediately if it receives
491	491	a vote of two-thirds of all the members elected to each house, as
492	492	provided by Section 39, Article III, Texas Constitution. If this
493	493	Act does not receive the vote necessary for immediate effect, this
494	494	Act takes effect September 1, 2023.
495	495	______________________________ ______________________________
496	496	President of the Senate Speaker of the House
497	497	I certify that H.B. No. 5339 was passed by the House on May 2,
498	498	2023, by the following vote: Yeas 112, Nays 33, 2 present, not
499	499	voting.
500	500	______________________________
501	501	Chief Clerk of the House
502	502	I certify that H.B. No. 5339 was passed by the Senate on May
503	503	21, 2023, by the following vote: Yeas 27, Nays 4.
504	504	______________________________
505	505	Secretary of the Senate
506	506	APPROVED: _____________________
507	507	Date
508	508	_____________________
509	509	Governor