Texas 2023 - 88th Regular

Texas House Bill HB5380 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R14283 SCP-F
2	2	By: Wilson H.B. No. 5380
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Theon Ranches Municipal Utility
8	8	District No. 3; 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 7963A to read as follows:
14	14	CHAPTER 7963A. THEON RANCHES MUNICIPAL UTILITY DISTRICT NO. 3
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7963A.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 Theon Ranches Municipal
22	22	Utility District No. 3.
23	23	Sec. 7963A.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. 7963A.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. 7963A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7963A.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. 7963A.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. 7963A.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. 7963A.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 7963A.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 7963A.0202. TEMPORARY DIRECTORS. (a) The temporary
65	65	board consists of:
66	66	(1) Robert Peerman;
67	67	(2) David Featherston;
68	68	(3) Eric Miller;
69	69	(4) Lisa Laguna; and
70	70	(5) John Chang.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 7963A.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 7963A.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 7963A.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. 7963A.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. 7963A.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. 7963A.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. 7963A.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. 7963A.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	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
128	128	Sec. 7963A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
129	129	The district may issue, without an election, bonds and other
130	130	obligations secured by:
131	131	(1) revenue other than ad valorem taxes; or
132	132	(2) contract payments described by Section
133	133	7963A.0403.
134	134	(b) The district must hold an election in the manner
135	135	provided by Chapters 49 and 54, Water Code, to obtain voter approval
136	136	before the district may impose an ad valorem tax or issue bonds
137	137	payable from ad valorem taxes.
138	138	(c) The district may not issue bonds payable from ad valorem
139	139	taxes to finance a road project unless the issuance is approved by a
140	140	vote of a two-thirds majority of the district voters voting at an
141	141	election held for that purpose.
142	142	Sec. 7963A.0402. OPERATION AND MAINTENANCE TAX. (a) If
143	143	authorized at an election held under Section 7963A.0401, the
144	144	district may impose an operation and maintenance tax on taxable
145	145	property in the district in accordance with Section 49.107, Water
146	146	Code.
147	147	(b) The board shall determine the tax rate. The rate may not
148	148	exceed the rate approved at the election.
149	149	Sec. 7963A.0403. CONTRACT TAXES. (a) In accordance with
150	150	Section 49.108, Water Code, the district may impose a tax other than
151	151	an operation and maintenance tax and use the revenue derived from
152	152	the tax to make payments under a contract after the provisions of
153	153	the contract have been approved by a majority of the district voters
154	154	voting at an election held for that purpose.
155	155	(b) A contract approved by the district voters may contain a
156	156	provision stating that the contract may be modified or amended by
157	157	the board without further voter approval.
158	158	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
159	159	Sec. 7963A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
160	160	OBLIGATIONS. The district may issue bonds or other obligations
161	161	payable wholly or partly from ad valorem taxes, impact fees,
162	162	revenue, contract payments, grants, or other district money, or any
163	163	combination of those sources, to pay for any authorized district
164	164	purpose.
165	165	Sec. 7963A.0502. TAXES FOR BONDS. At the time the district
166	166	issues bonds payable wholly or partly from ad valorem taxes, the
167	167	board shall provide for the annual imposition of a continuing
168	168	direct ad valorem tax, without limit as to rate or amount, while all
169	169	or part of the bonds are outstanding as required and in the manner
170	170	provided by Sections 54.601 and 54.602, Water Code.
171	171	Sec. 7963A.0503. BONDS FOR ROAD PROJECTS. At the time of
172	172	issuance, the total principal amount of bonds or other obligations
173	173	issued or incurred to finance road projects and payable from ad
174	174	valorem taxes may not exceed one-fourth of the assessed value of the
175	175	real property in the district.
176	176	SECTION 2. The Theon Ranches Municipal Utility District
177	177	No. 3 initially includes all the territory contained in the
178	178	following area:
179	179	BEING approximately 271.35 acres of land in Williamson County,
180	180	Texas, said land being all of the 261.35 acres as described in Tract
181	181	"A", and all of the 10 acres as described in Tract "B". Those
182	182	individual tracts being described as follows:
183	183	Tract "A"
184	184	BEING 261.35 acres of land, situated in the Edmund Parsons Survey,
185	185	Abstract No. 494 and the Nathaniel Moore Survey, Abstract No. 410,
186	186	in Williamson County, Texas, said 261.35 acres being out of five (5)
187	187	tracts of land, first tract being a portion of a 97.7 acre tract, of
188	188	record to Cobb Springs Ranch, LTD, Exhibit B, Document No. 9838600,
189	189	Official Public Records Williamson County, Texas (OPRWCT), second
190	190	tract being a 52.03 acre tract, of record to Cobb Springs Ranch,
191	191	LTD, Exhibit A, Document No. 2011079583, (OPRWCT), third tract
192	192	being a 76.927 acre tract, of record to Cobb Springs Ranch, LTD,
193	193	Exhibit A, Document No. 9838601, (OPRWCT), fourth tract being a
194	194	43.61 acre tract, of record to Cobb Springs Ranch, LTD, Exhibit A,
195	195	Document No. 2000083825, (OPRWCT) and fifth tract being an
196	196	unrecorded strip of land, said strip of land being a 0.5551 acre
197	197	tract (24,182 square feet). This tract was surveyed on the ground in
198	198	November of 2021 under the direction of William F. Forest, Jr.,
199	199	Registered Professional Land Surveyor No. 1847. Survey note: The
200	200	bearing basis for this survey is the State Plane Coordinate System,
201	201	Texas Central Zone (4203), and being more particularly described by
202	202	metes and bounds as follows:
203	203	BEGINNING, at a 1/2" iron pin found (steel pin), at the Southwest
204	204	corner of said 97.7 acre tract, for the Southwest corner hereof,
205	205	same being the upper Northwest corner of a 4.02 acre tract, of
206	206	record to Robert A. Van Swelm and Patricia Van Swelm, Document
207	207	No. 2017095989, (OPRWCT), said point being a point in the East
208	208	Right-of-Way line of County Road 234, from which a 1/2" capped iron
209	209	pin found, marked "FOREST RPLS 1847", bears: S 21°37'06" E, 21.52
210	210	feet,
211	211	THENCE, with the West boundary line of said 97.7 acre tract and the
212	212	East Right-of-Way line of County Road 234, along or near a fence, N
213	213	21°22'50" W, crossing the common Survey line of the Nathaniel Moore
214	214	Survey, Abstract No. 410 and the Edmund Parsons Survey, Abstract
215	215	No. 494, in all a total distance of 3228.45 feet, to a 1/2" capped
216	216	iron pin set, marked "FOREST RPLS 1847", at the Northwest corner of
217	217	said 97.7 acre tract, for the Northwest corner hereof, said point
218	218	being a point in the South Right-of-Way line of Farm to Market Road
219	219	487 (FM 487),
220	220	THENCE, with the North boundary line of said 97.7 acre tract and the
221	221	South Right-of-Way line of FM 487, along or near a fence, N 80°32'16"
222	222	E, passing at 409.73 feet, the remains of a TXDOT Type I concrete
223	223	marker, in all a total distance of 987.50 feet, to a 1/2" capped
224	224	iron pin found, marked "FOREST RPLS 1847", at the Northeast corner
225	225	of said 97.7 acre tract, for an angle point hereof, said point being
226	226	the Northwest corner of said 52.03 acre tract, from which a 1/2"
227	227	capped iron pin found, marked "FOREST RPLS 1847", at the Southwest
228	228	corner of said 52.03 acre tract, bears: S 21°27'07" E, 1969.98 feet,
229	229	THENCE, with the North boundary line of said 52.03 acre tract and
230	230	the South Right-of-Way line of FM 487, along or near a fence, the
231	231	following three (3) courses and distances:
232	232	1. N 80°32'16" E, 260.89 feet, to a TXDOT Type I concrete marker, at
233	233	the point of curvature for an angle point hereof,
234	234	2. in a easterly direction with a non-tangent curve to the left,
235	235	(C1) with a Radius of 1178.28 feet, having a Chord Bearing of N
236	236	73°11'06" E, 303.24 feet, having a Central Angle of 14°47'12" and an
237	237	Arc Length of 304.09 feet, to a TXDOT Type I concrete marker, at the
238	238	point of tangency, for an angle point hereof,
239	239	3. N 65°50'39" E, 629.67 feet, to a 1/2" iron pin found, at the
240	240	Northeast corner of said 52.03 acre tract, for an angle point
241	241	hereof, said point being the Northwest corner of said 76.927 acre
242	242	tract,
243	243	THENCE, with the North boundary line of said 76.927 acre tract and
244	244	the South Right-of-Way line of FM 487, along or near a fence, the
245	245	following four (4) courses and distances:
246	246	1. N 65°50'39" E, 577.18 feet, to a TXDOT Type I concrete marker, at
247	247	the point of curvature, for the upper Northeast corner hereof,
248	248	2. in an easterly direction with a tangent curve to the right, (C2)
249	249	with a Radius of 532.96 feet, having a Chord Bearing of S 67°55'46"
250	250	E, 769.78 feet, having a Central Angle of 92°28'08" and an Arc Length
251	251	of 860.14 feet, to a 3/8" iron pin found, at the point of tangency,
252	252	for the lower Northeast corner hereof,
253	253	3. S 21°41'45" E, 876.06 feet, to a TXDOT Type I concrete marker, at
254	254	the point of curvature for an angle point hereof,
255	255	4. in a southeasterly direction with a tangent curve to the left,
256	256	(C3) with a Radius of 613.89 feet, having a Chord Bearing of S
257	257	30°08'38" E, 180.38 feet, having a Central Angle of 16°53'48" and an
258	258	Arc Length of 181.04 feet, to calculated point, for an angle point
259	259	hereof, a 3/8" iron pin found, bears: S 20°58'07" E, 0.21 feet, said
260	260	point being the Northwest corner of a 7.73 acre tract, of record to
261	261	Frank L. Fletcher, Document No. 2017046532, (OPRWCT), described in
262	262	Document No. 2006034149, (OPRWCT), from which a TXDOT Type I
263	263	concrete marker found, bears: in a southeasterly direction with a
264	264	non-tangent curve to the left, (C4) with a Radius of 613.89 feet,
265	265	having a Chord Bearing of S 74°39'37" E, 722.85 feet, having a
266	266	Central Angle of 72°08'11" and an Arc Length of 772.90 feet,
267	267	THENCE, departing said Right-of-Way line, with the common boundary
268	268	line of said 76.927 acre tract and said 7.73 acre tract, along or
269	269	near a fence, S 20°58'07" E, passing at 0.21 feet, 3/8" iron pin
270	270	found, passing at 4 feet, a 4" square concrete monument, S 69°01'53"
271	271	W, 0.67 feet, and crossing the common Survey line of the Nathaniel
272	272	Moore Survey, Abstract No. 410 and the Edmund Parsons Survey,
273	273	Abstract No. 494, and passing the common corner of said 7.73 acre
274	274	tract and a 13.00 acre tract, of record to Frank L. Fletcher,
275	275	Document No. 2017046531, (OPRWCT), described in Document
276	276	No. 9733401, (OPRWCT), and continuing with the common boundary line
277	277	of said 76.927 acre tract and said 13.00 acre tract, in all a total
278	278	distance of 1391.06 feet, to a 4" square concrete monument, at the
279	279	Southeast corner of said 76.927 acre tract, for an angle point
280	280	hereof, said point being the termination of a boundary agreement
281	281	between Frank L. Fletcher and Cobb Springs Ranch, LTD, Document
282	282	No. 2001002451, said point being the Northeast corner of said
283	283	0.5551 acre tract, an unrecorded strip of land, from which a 5/8"
284	284	iron pin found inside a 2" galvanized iron pipe, at the Southwest
285	285	corner of said 76.927 acre tract, bears: S 68°20'29" W, 1164.49
286	286	feet,
287	287	THENCE, continuing with said boundary agreement, S 19°19'34" E, 9.72
288	288	feet, to a 1/2" iron pin found, at the Southwest corner of said
289	289	13.00 acre tract, for an ell corner hereof, said point being a point
290	290	in the North line of a 2 track lane, from which the Southeast corner
291	291	of said 0.5551 acre tract, an unrecorded strip of land, bears: S
292	292	19°19'34" E, 12.08 feet,
293	293	THENCE, continuing with said boundary agreement, N 69°03'10" E,
294	294	crossing the 2 track lane, in all a total distance of 1086.02 feet,
295	295	to a 1/2" capped iron pin set, marked "FOREST RPLS 1847", for an ell
296	296	corner hereof, said point being the Northeast corner of a 43.61 acre
297	297	tract, of record to Cobb Springs Ranch, LTD, Document
298	298	No. 2000083825, same being the Southeast corner of said 13.00 acre
299	299	tract, said point being a point in the West Right-of-Way line of
300	300	County Road 239, from which a 1/2" iron pin found, at the Northeast
301	301	corner of said 13.00 acre tract, bears: N 21°04'32" W, 522.18 feet,
302	302	THENCE, with the East boundary line of said 43.61 acre tract and the
303	303	West Right-of-Way line of County Road 239, along or near a fence, S
304	304	21°04'32" E, 1038.90 feet, to a 3/8" iron pin found, at the Southeast
305	305	corner of said 43.61 acre tract, for the Southeast corner hereof,
306	306	said point being the Northeast corner of a 99.49 acre tract, of
307	307	record to Danek Construction, Document No. 2006027410, (OPRWCT),
308	308	described in Volume 602, Page 888, Deed Records Williamson County,
309	309	Texas (DRWCT),
310	310	THENCE, departing said Right-of-Way line, with South boundary line
311	311	of said 43.61 acre trac, along or near a fence, S 68°51'36" W,
312	312	1842.80 feet, to a 1/2" capped iron pin set, marked "FOREST RPLS
313	313	1847", at the Southwest corner of said 43.61 acre tract, for an ell
314	314	corner hereof, same being the Southeast corner of a 27.55 acre
315	315	tract, of record to Robert A. Van Swelm and Patricia Van Swelm,
316	316	Tract 2, Exhibit B, Document No. 2017095989, (OPRWCT), from which a
317	317	1/2" iron pin found, at the Northwest corner of said 99.49 acre
318	318	tract, bears: S 68°32'49" W, 344.78 feet,
319	319	THENCE, with the common boundary line of said 43.61 acre tract and
320	320	said 27.55 acre tract, N 21°01'56" W, passing at 1004.60 feet, a 1/2"
321	321	iron pin found, at the South line of a road lane, said point being
322	322	the Southeast corner of a 1.26 acre tract, of record to Amy Andrews,
323	323	Exhibit A, Document No. 2000065741, (OPRWCT), and continuing in all
324	324	a total distance of 1024.63 feet, to a 1/2" iron pin found, for an
325	325	ell corner hereof, said point being the Northwest corner of said
326	326	43.61 acre tract, same being the Northeast corner of said 27.55 acre
327	327	tract, same being the Northeast corner of said 1.26 acre tract, said
328	328	point being a point in the South line of said 0.5551 acre tract, an
329	329	unrecorded strip of land,
330	330	THENCE, with the common boundary line of said 27.55 acre tract and
331	331	said 0.5551 acre tract, along the South line of a road lane, S
332	332	68°31'57" W, passing at 408.01 feet, the Southeast corner of said
333	333	97.7 acre tract, same being the Southwest corner of said 0.5551 acre
334	334	tract, and continuing with the common boundary line of said 97.7
335	335	acre tract and said 27.55 acre tract, in all a total distance of
336	336	975.08 feet, to a 1/2" capped iron pin found, marked "FOREST RPLS
337	337	1847", at the Northeast corner of said 4.02 acre tract, for an angle
338	338	point hereof,
339	339	THENCE, continuing with the common boundary line of said 97.7 acre
340	340	tract and said 4.02 acre tract, S 69°19'55" W, 128.20 feet, to a 1/2"
341	341	iron pin found, at the Southeast corner of a 10.00 acre tract, of
342	342	record to Daniel Voss and Kathryn Voss, Exhibit A, Document
343	343	No. 1999985405, (OPRWCT),
344	344	THENCE, over and across said 97.7 acre tract, following the
345	345	perimeter of said 10.00 acre tract, the following three (3) courses
346	346	and distances:
347	347	1. N 23°27'53" W, passing at 20.04 feet, a 1/2" iron pin found, in
348	348	the North line of said Road lane, in all a total distance of 993.53
349	349	feet, to a 1/2" iron pin found, at the Northeast corner of said
350	350	10.00 acre tract, for an ell corner hereof,
351	351	2. S 68°27'28" W, 438.04 feet, to a 3/8" iron pin found, at the
352	352	Northwest corner of said 10.00 acre tract, for an ell corner hereof,
353	353	3. S 23°25'00" E, passing at 974.00 feet, a 1/2" capped iron pin set,
354	354	marked "FOREST RPLS 1847", in all a total distance of 993.98 feet,
355	355	to a 1/2" iron pin found, at the Southwest corner of said 10.00 acre
356	356	tract, for an ell corner hereof, said point being a point in the
357	357	common boundary line of said 97.7 acre tract and said 4.02 acre
358	358	tract, said point being in the approximate centerline of a gravel
359	359	driveway,
360	360	THENCE, with the South boundary line of said 97.7 acre tract and
361	361	North boundary line of said 4.02 acre tract, along or near the
362	362	centerline of a gravel driveway, S 68°23'17" W, 1011.78 feet, to the
363	363	POINT OF BEGINNING, and containing 261.35 acres, more or less.
364	364	TRACT "B"
365	365	All that certain tract or parcel of land situated in Williamson
366	366	County, Texas, out of the Edmond Parsons Survey, Abstract No. 494,
367	367	being a part of that tract described as 97.7 acres (Tract 2) in a
368	368	Warranty Deed granted to Cobb Springs Ranch, Ltd., dated July 7,
369	369	1998, and recorded as Doc# 9838600, Official Records, Williamson
370	370	County and further described by metes and bounds:
371	371	BEGINNING at a 1/2" iron pin set in the center line of a private
372	372	road, said center line being the South line of said Cobb Springs
373	373	Ranch, Ltd. tract for the Southwest corner of this tract; the
374	374	Southwest corner of said Cobb Springs Ranch, Ltd. tract, marked by a
375	375	1/2" iron pin set at the intersection of the centerline of said
376	376	private road and the East margin of County Road 234 bears S 70°54'32"
377	377	W 1012.13 feet;
378	378	THENCE: N 20°54'22" W at 19.72 feet passing a 60d nail set in a fence
379	379	post in the North margin of said private road, in all 994.14 feet
380	380	into said Cobb Springs Ranch, Ltd. tract with a wire fence to a 1/2"
381	381	iron pin set for the Northwest corner of this tract;
382	382	THENCE: N 71°00'00" E 438.56 feet to a 1/2" iron pin set for the
383	383	Northeast corner of this tract;
384	384	THENCE: S 20°54'22" E, at 973.28 feet passing a 1/2" iron pin set in
385	385	a wire fence line in the North margin of said private road, in all
386	386	993.44 feet to a 1/2" iron pin set in the center line of said private
387	387	road for the Southeast corner of this tract;
388	388	THENCE: S 70°54'32" W 438.54 feet with the center line of said
389	389	private road and the South line of said Cobb Springs Ranch, Ltd.
390	390	tract to the point of Beginning and containing 10.00 acres of land.
391	391	SECTION 3. (a) The legal notice of the intention to
392	392	introduce this Act, setting forth the general substance of this
393	393	Act, has been published as provided by law, and the notice and a
394	394	copy of this Act have been furnished to all persons, agencies,
395	395	officials, or entities to which they are required to be furnished
396	396	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
397	397	Government Code.
398	398	(b) The governor, one of the required recipients, has
399	399	submitted the notice and Act to the Texas Commission on
400	400	Environmental Quality.
401	401	(c) The Texas Commission on Environmental Quality has filed
402	402	its recommendations relating to this Act with the governor, the
403	403	lieutenant governor, and the speaker of the house of
404	404	representatives within the required time.
405	405	(d) All requirements of the constitution and laws of this
406	406	state and the rules and procedures of the legislature with respect
407	407	to the notice, introduction, and passage of this Act are fulfilled
408	408	and accomplished.
409	409	SECTION 4. (a) If this Act does not receive a two-thirds
410	410	vote of all the members elected to each house, Subchapter C, Chapter
411	411	7963A, Special District Local Laws Code, as added by Section 1 of
412	412	this Act, is amended by adding Section 7963A.0306 to read as
413	413	follows:
414	414	Sec. 7963A.0306. NO EMINENT DOMAIN POWER. The district may
415	415	not exercise the power of eminent domain.
416	416	(b) This section is not intended to be an expression of a
417	417	legislative interpretation of the requirements of Section 17(c),
418	418	Article I, Texas Constitution.
419	419	SECTION 5. This Act takes effect immediately if it receives
420	420	a vote of two-thirds of all the members elected to each house, as
421	421	provided by Section 39, Article III, Texas Constitution. If this
422	422	Act does not receive the vote necessary for immediate effect, this
423	423	Act takes effect September 1, 2023.