TX
Texas House Bill HB5382

Texas 2023 - 88th Regular

Texas House Bill HB5382 Compare Versions

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11 By: Wilson (Senate Sponsor - Schwertner) H.B. No. 5382
22 (In the Senate - Received from the House May 10, 2023;
33 May 10, 2023, read first time and referred to Committee on Local
44 Government; May 19, 2023, reported favorably by the following
55 vote: Yeas 9, Nays 0; May 19, 2023, sent to printer.)
66 Click here to see the committee vote
77
88
99 A BILL TO BE ENTITLED
1010 AN ACT
1111 relating to the creation of the Jarrell Estates Municipal Utility
1212 District No. 1; granting a limited power of eminent domain;
1313 providing authority to issue bonds; providing authority to impose
1414 assessments, fees, and taxes.
1515 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1616 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1717 Code, is amended by adding Chapter 7962 to read as follows:
1818 CHAPTER 7962. JARRELL ESTATES MUNICIPAL UTILITY DISTRICT NO. 1
1919 SUBCHAPTER A. GENERAL PROVISIONS
2020 Sec. 7962.0101. DEFINITIONS. In this chapter:
2121 (1) "Board" means the district's board of directors.
2222 (2) "Commission" means the Texas Commission on
2323 Environmental Quality.
2424 (3) "Director" means a board member.
2525 (4) "District" means the Jarrell Estates Municipal
2626 Utility District No. 1.
2727 Sec. 7962.0102. NATURE OF DISTRICT. The district is a
2828 municipal utility district created under Section 59, Article XVI,
2929 Texas Constitution.
3030 Sec. 7962.0103. CONFIRMATION AND DIRECTORS' ELECTION
3131 REQUIRED. The temporary directors shall hold an election to
3232 confirm the creation of the district and to elect five permanent
3333 directors as provided by Section 49.102, Water Code.
3434 Sec. 7962.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3535 temporary directors may not hold an election under Section
3636 7962.0103 until each municipality in whose corporate limits or
3737 extraterritorial jurisdiction the district is located has
3838 consented by ordinance or resolution to the creation of the
3939 district and to the inclusion of land in the district.
4040 Sec. 7962.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
4141 (a) The district is created to serve a public purpose and benefit.
4242 (b) The district is created to accomplish the purposes of:
4343 (1) a municipal utility district as provided by
4444 general law and Section 59, Article XVI, Texas Constitution; and
4545 (2) Section 52, Article III, Texas Constitution, that
4646 relate to the construction, acquisition, improvement, operation,
4747 or maintenance of macadamized, graveled, or paved roads, or
4848 improvements, including storm drainage, in aid of those roads.
4949 Sec. 7962.0106. INITIAL DISTRICT TERRITORY. (a) The
5050 district is initially composed of the territory described by
5151 Section 2 of the Act enacting this chapter.
5252 (b) The boundaries and field notes contained in Section 2 of
5353 the Act enacting this chapter form a closure. A mistake made in the
5454 field notes or in copying the field notes in the legislative process
5555 does not affect the district's:
5656 (1) organization, existence, or validity;
5757 (2) right to issue any type of bond for the purposes
5858 for which the district is created or to pay the principal of and
5959 interest on a bond;
6060 (3) right to impose a tax; or
6161 (4) legality or operation.
6262 SUBCHAPTER B. BOARD OF DIRECTORS
6363 Sec. 7962.0201. GOVERNING BODY; TERMS. (a) The district is
6464 governed by a board of five elected directors.
6565 (b) Except as provided by Section 7962.0202, directors
6666 serve staggered four-year terms.
6767 Sec. 7962.0202. TEMPORARY DIRECTORS. (a) The temporary
6868 board consists of:
6969 (1) Jake Newman;
7070 (2) Davis Craig;
7171 (3) Brad Harwick;
7272 (4) LouAnn Covington; and
7373 (5) Stephen Fowler.
7474 (b) Temporary directors serve until the earlier of:
7575 (1) the date permanent directors are elected under
7676 Section 7962.0103; or
7777 (2) the fourth anniversary of the effective date of
7878 the Act enacting this chapter.
7979 (c) If permanent directors have not been elected under
8080 Section 7962.0103 and the terms of the temporary directors have
8181 expired, successor temporary directors shall be appointed or
8282 reappointed as provided by Subsection (d) to serve terms that
8383 expire on the earlier of:
8484 (1) the date permanent directors are elected under
8585 Section 7962.0103; or
8686 (2) the fourth anniversary of the date of the
8787 appointment or reappointment.
8888 (d) If Subsection (c) applies, the owner or owners of a
8989 majority of the assessed value of the real property in the district
9090 may submit a petition to the commission requesting that the
9191 commission appoint as successor temporary directors the five
9292 persons named in the petition. The commission shall appoint as
9393 successor temporary directors the five persons named in the
9494 petition.
9595 SUBCHAPTER C. POWERS AND DUTIES
9696 Sec. 7962.0301. GENERAL POWERS AND DUTIES. The district
9797 has the powers and duties necessary to accomplish the purposes for
9898 which the district is created.
9999 Sec. 7962.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
100100 DUTIES. The district has the powers and duties provided by the
101101 general law of this state, including Chapters 49 and 54, Water Code,
102102 applicable to municipal utility districts created under Section 59,
103103 Article XVI, Texas Constitution.
104104 Sec. 7962.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
105105 52, Article III, Texas Constitution, the district may design,
106106 acquire, construct, finance, issue bonds for, improve, operate,
107107 maintain, and convey to this state, a county, or a municipality for
108108 operation and maintenance macadamized, graveled, or paved roads, or
109109 improvements, including storm drainage, in aid of those roads.
110110 Sec. 7962.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
111111 road project must meet all applicable construction standards,
112112 zoning and subdivision requirements, and regulations of each
113113 municipality in whose corporate limits or extraterritorial
114114 jurisdiction the road project is located.
115115 (b) If a road project is not located in the corporate limits
116116 or extraterritorial jurisdiction of a municipality, the road
117117 project must meet all applicable construction standards,
118118 subdivision requirements, and regulations of each county in which
119119 the road project is located.
120120 (c) If the state will maintain and operate the road, the
121121 Texas Transportation Commission must approve the plans and
122122 specifications of the road project.
123123 Sec. 7962.0305. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any
124124 water, sanitary sewer, road, drainage, or other infrastructure or
125125 public facilities constructed, acquired, improved, maintained, or
126126 operated by the district shall comply with any subdivision or other
127127 applicable regulations of any municipality in whose corporate
128128 limits or extraterritorial jurisdiction the infrastructure or
129129 public facilities are located unless other regulations are
130130 specified in a development agreement between the district and the
131131 municipality.
132132 Sec. 7962.0306. COMPLIANCE WITH MUNICIPAL CONSENT
133133 ORDINANCE OR RESOLUTION. The district shall comply with all
134134 applicable requirements of any ordinance or resolution that is
135135 adopted under Section 54.016 or 54.0165, Water Code, and that
136136 consents to the creation of the district or to the inclusion of land
137137 in the district.
138138 Sec. 7962.0307. DIVISION OF DISTRICT. (a) The district may
139139 be divided into two or more new districts only if the district:
140140 (1) has no outstanding bonded debt; and
141141 (2) is not imposing ad valorem taxes.
142142 (b) This chapter applies to any new district created by the
143143 division of the district, and a new district has all the powers and
144144 duties of the district.
145145 (c) Any new district created by the division of the district
146146 may not, at the time the new district is created, contain any land
147147 outside the area described by Section 2 of the Act enacting this
148148 chapter.
149149 (d) The board, on its own motion or on receipt of a petition
150150 signed by the owner or owners of a majority of the assessed value of
151151 the real property in the district, may adopt an order dividing the
152152 district.
153153 (e) The board may adopt an order dividing the district
154154 before or after the date the board holds an election under Section
155155 7962.0103 to confirm the district's creation.
156156 (f) An order dividing the district shall:
157157 (1) name each new district;
158158 (2) include the metes and bounds description of the
159159 territory of each new district;
160160 (3) appoint temporary directors for each new district;
161161 and
162162 (4) provide for the division of assets and liabilities
163163 between or among the new districts.
164164 (g) On or before the 30th day after the date of adoption of
165165 an order dividing the district, the district shall file the order
166166 with the commission and record the order in the real property
167167 records of each county in which the district is located.
168168 (h) Any new district created by the division of the district
169169 shall hold a confirmation and directors' election as required by
170170 Section 7962.0103. If the voters of a new district do not confirm
171171 the creation of the new district, the assets, obligations,
172172 territory, and governance of the new district revert to the
173173 original district.
174174 (i) If the creation of the new district is confirmed, the
175175 new district shall provide the election date and results to the
176176 commission.
177177 (j) Municipal consent to the creation of the district and to
178178 the inclusion of land in the district granted under Section
179179 7962.0104 acts as municipal consent to the creation of any new
180180 district created by the division of the district and to the
181181 inclusion of land in the new district.
182182 (k) Any new district created by the division of the district
183183 must hold an election as required by this chapter to obtain voter
184184 approval before the district may impose a maintenance tax or issue
185185 bonds payable wholly or partly from ad valorem taxes.
186186 (l) This chapter applies to any new district created by the
187187 division of the district, and a new district has all the powers and
188188 duties of the district.
189189 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
190190 Sec. 7962.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
191191 The district may issue, without an election, bonds and other
192192 obligations secured by:
193193 (1) revenue other than ad valorem taxes; or
194194 (2) contract payments described by Section 7962.0403.
195195 (b) The district must hold an election in the manner
196196 provided by Chapters 49 and 54, Water Code, to obtain voter approval
197197 before the district may impose an ad valorem tax or issue bonds
198198 payable from ad valorem taxes.
199199 (c) The district may not issue bonds payable from ad valorem
200200 taxes to finance a road project unless the issuance is approved by a
201201 vote of a two-thirds majority of the district voters voting at an
202202 election held for that purpose.
203203 Sec. 7962.0402. OPERATION AND MAINTENANCE TAX. (a) If
204204 authorized at an election held under Section 7962.0401, the
205205 district may impose an operation and maintenance tax on taxable
206206 property in the district in accordance with Section 49.107, Water
207207 Code.
208208 (b) The board shall determine the tax rate. The rate may not
209209 exceed the rate approved at the election.
210210 (c) Section 49.107(f), Water Code, does not apply to
211211 reimbursements for projects constructed or acquired under Section
212212 7962.0303.
213213 Sec. 7962.0403. CONTRACT TAXES. (a) In accordance with
214214 Section 49.108, Water Code, the district may impose a tax other than
215215 an operation and maintenance tax and use the revenue derived from
216216 the tax to make payments under a contract after the provisions of
217217 the contract have been approved by a majority of the district voters
218218 voting at an election held for that purpose.
219219 (b) A contract approved by the district voters may contain a
220220 provision stating that the contract may be modified or amended by
221221 the board without further voter approval.
222222 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
223223 Sec. 7962.0501. AUTHORITY TO ISSUE BONDS AND OTHER
224224 OBLIGATIONS. The district may issue bonds or other obligations
225225 payable wholly or partly from ad valorem taxes, impact fees,
226226 revenue, contract payments, grants, or other district money, or any
227227 combination of those sources, to pay for any authorized district
228228 purpose.
229229 Sec. 7962.0502. TAXES FOR BONDS. At the time the district
230230 issues bonds payable wholly or partly from ad valorem taxes, the
231231 board shall provide for the annual imposition of a continuing
232232 direct ad valorem tax, without limit as to rate or amount, while all
233233 or part of the bonds are outstanding as required and in the manner
234234 provided by Sections 54.601 and 54.602, Water Code.
235235 Sec. 7962.0503. BONDS FOR ROAD PROJECTS. At the time of
236236 issuance, the total principal amount of bonds or other obligations
237237 issued or incurred to finance road projects and payable from ad
238238 valorem taxes may not exceed one-fourth of the assessed value of the
239239 real property in the district.
240240 SECTION 2. The Jarrell Estates Municipal Utility District
241241 No. 1 initially includes all the territory contained in the
242242 following area:
243243 (a) BEGINNING: At a 2" pipe post found in the North line of
244244 County Road 232 for the lower Southeast corner of a 649.53 Acre
245245 Tract (Document #2004074055, Official Public Records, described in
246246 Volume 2520, Page 200 and Volume 2598, Page 457, Official Public
247247 Records) and an exterior corner of said 3072.64 Acre Tract and of
248248 this tract from which a 2" pipe post found in the South line of said
249249 county road for the Northwest corner of a 48.65 Acre Tract (surveyed
250250 March 10, 2022) bears S 00° 18' 48" W 56.15 feet;
251251 THENCE: Along a fence with the lower East line of said 649.53
252252 Acre Tract and a West line of said 3072.64 Acre Tract and of this
253253 tract as follows:
254254 N 04° 31' 43" W 735.20 feet to a 3" pipe post found for an angle
255255 point;
256256 N 10° 51' 27" W 14.01 feet to a 3" pipe post found for an
257257 interior corner of said 649.53 Acre Tract and an exterior corner of
258258 said 3072.64 Acre Tract and of this tract;
259259 THENCE: Along a fence with the upper South line of said 649.53
260260 Acre Tract and a North line of said 3072.64 Acre Tract and of this
261261 tract as follows:
262262 N 65° 24' 32" E 680.46 feet to a 2" pipe post found for an angle
263263 point;
264264 N 65° 28' 50" E 651.69 feet to a 2" pipe post found for an angle
265265 point;
266266 N 68° 01' 01" E 2635.82 feet to a 100D nail set for the
267267 Southeast corner of said 649.53 Acre Tract and an interior corner of
268268 said 3072.64 Acre Tract and of this tract;
269269 THENCE: Along a fence with the East line of Abstract No. 358,
270270 Survey No. 1, and said 649.53 Acre Tract, the lower East line of a
271271 1209.24 Acre Tract (Document #2014012037, Official Public
272272 Records), the West line of Survey No. 21, and the upper West line of
273273 said 3072.64 Acre Tract and of this tract as follows:
274274 N 21° 16' 42" W 2553.70 feet to a 2" pipe post found for an
275275 angle point;
276276 N 21° 14' 51" W 877.13 feet to a steel post found for an angle
277277 point;
278278 N 20° 54' 03" W 2216.78 feet to a 3" pipe post found for the
279279 Northeast corner of said 649.53 Acre Tract and an angle point of
280280 this tract;
281281 S 69° 04' 53" W 13.57 feet with the North line of said 649.53
282282 Acre Tract to a 3" pipe post found for the Southeast corner of said
283283 1209.24 Acre Tract and an angle point of this tract;
284284 N 20° 05' 30" W 1230.33 feet to a 2" pipe post found for an
285285 interior corner of said 1209.24 Acre Tract and the upper Northwest
286286 corner of said 3072.64 Acre Tract and of this tract;
287287 THENCE: Along a fence with the upper South line of said
288288 1209.24 Acre Tract, the South line of a 5611 Acre Tract (Volume 365,
289289 Page 115, Deed Records) and the North line of said 3072.64 Acre
290290 Tract and of this tract as follows:
291291 N 68° 20' 52" E 277.73 feet to a 1/2" iron pin found by 10"
292292 cedar post for the upper Southeast corner of said 1209.24 Acre
293293 Tract, the upper Southwest corner of said 5611 Acre Tract, and an
294294 angle point of this tract;
295295 N 68° 26' 45" E 5079.62 feet to a 2" pipe post found for an
296296 angle point;
297297 S 86° 22' 04" E 411.00 feet to a 1/2" iron pin found by 6" cedar
298298 post for an interior corner of said 5611 Acre Tract and the upper
299299 Northeast corner of this tract;
300300 S 20° 51' 48" E 2076.49 feet to a 5/8" iron pin found by 3" pipe
301301 post for an exterior corner of said 5611 Acre Tract and an interior
302302 corner of this tract;
303303 N 69° 23' 59" E 1379.50 feet to a 3" pipe post found for an
304304 interior corner of said 5611 Acre Tract and an exterior corner of
305305 this tract;
306306 S 21° 50' 49" E 1736.87 feet to a 3" pipe post found for an
307307 angle point;
308308 S 20° 41' 55" E 1761.43 feet to a 3" pipe post found for the
309309 lower Southwest corner of said 5611 Acre Tract, an interior corner
310310 of said 3072.64 Acre Tract, an exterior corner of a 1205.00 Acre
311311 Tract (this day surveyed), and an angle point of this tract;
312312 S 21° 05' 42" E 540.16 feet into said 3072.64 Acre Tract to a
313313 5/8" iron pin set for an interior corner of said 1205.00 Acre Tract
314314 and the upper Southeast corner of this tract;
315315 THENCE: S 68° 43' 40" W 5320.62 feet to a 5/8" iron pin set for
316316 the Northwest corner of said 1205.00 Acre Tract and an interior
317317 corner of this tract;
318318 THENCE: S 21° 02' 32" E 5182.49 feet, at 2584.32 feet pass a
319319 5/8" iron pin set for an angle point of said 1205.00 Acre Tract and
320320 the upper Northwest corner of a 514.30 Acre Tract (this day
321321 surveyed), continuing to a 5/8" iron pin set for an interior corner
322322 of said 514.30 Acre Tract and an exterior corner of this tract;
323323 THENCE: S 68° 57' 28" W 1870.94 feet to a 5/8" iron pin set for
324324 the lower Northwest corner of said 514.30 Acre Tract and the lower
325325 Southwest corner of this tract;
326326 THENCE: N 20° 44' 59" W 1603.97 feet along a fence with the
327327 East line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458, Page
328328 859, Deed Records) and the West line of Survey No. 21 to a 1/2" iron
329329 pin found by 10" cedar post for the Northeast corner of Survey
330330 No. 13 and said 195.5 Acre Tract, the Southeast corner of Abstract
331331 No. 358, and an interior corner of said 3072.64 Acre Tract and of
332332 this tract;
333333 THENCE: S 68° 20' 05" W 3102.03 feet along a fence with the
334334 North line of Survey No. 13 and the South line of Abstract No. 358
335335 to a 6" cedar post found for an exterior corner of said 3072.64 Acre
336336 Tract and of this tract;
337337 THENCE: Along a fence with the East line of said county road
338338 and a West line of said 3072.64 Acre Tract and of this tract passing
339339 2" pipe posts found as follows:
340340 N 32° 07' 47" W 379.77 feet to an angle point;
341341 N 33° 01' 44" W 321.50 feet to an angle point;
342342 N 50° 45' 25" W 315.12 feet to an angle point;
343343 N 41° 41' 33" W 368.36 feet to an angle point;
344344 N 17° 54' 39" W 267.13 feet to an angle point;
345345 N 22° 26' 20" W 168.35 feet to an angle point;
346346 N 46° 44' 55" W 100.13 feet to an angle point;
347347 N 71° 41' 21" W 102.15 feet to an angle point;
348348 N 81° 36' 11" W 539.79 feet to the POINT OF BEGINNING.
349349 (b) BEGINNING: At a 5/8" iron pin set under fence in the West
350350 line of a 673.33 Acre Tract (Document #2021159264, Official Public
351351 Records) and the lower East line of said 3072.64 Acre Tract for the
352352 lower Southeast corner of a 1205.00 Acre Tract (this day surveyed)
353353 and the lower Northeast corner of this tract from which a 1/2" iron
354354 pin found for an angle point of said 1205.00 Acre Tract bears N 20°
355355 43' 12med" W 159.01 feet;
356356 THENCE: Along a fence with the West line of said 673.33 Acre
357357 Tract and the lower East line of said 3072.64 Acre Tract and of this
358358 tract as follows:
359359 S 20° 43' 10" E 519.72 feet to a 1/2" iron pin found for an
360360 angle point;
361361 S 12° 01' 50" E 291.83 feet to a 5/8" iron pin found for an
362362 interior corner of said 673.33 Acre Tract, an exterior corner of
363363 said 3072.64 Acre Tract, and the upper Southeast corner of this
364364 tract;
365365 THENCE: Along a fence with the North line of Survey No. 20,
366366 the lower North line of said 673.33 Acre Tract, and the North line
367367 of a 30-foot Nature Trail of Spear's Ranch on Salado Creek Section
368368 One (Cabinet T, Slides 209 thru 223, Plat Records), and the South
369369 line of Survey No. 21, and a South line of this tract as follows:
370370 S 69° 56' 54" W 252.66 feet to a 1/2" iron pin found by 3" pipe
371371 post for the lower Northwest corner of said 673.33 Acre Tract, the
372372 Northeast corner of said nature trail, and an angle point of this
373373 tract;
374374 S 69° 04' 11" W 416.61 feet to an angle point;
375375 S 69° 08' 40" W 1831.06 feet to an angle point;
376376 S 68° 48' 01" W 760.40 feet to an angle point;
377377 S 67° 55' 49" W 1390.64 feet to an angle point;
378378 S 69° 24' 50" W 1554.14 feet to a 2" pipe post found for the
379379 Northwest corner of said nature trail, the Northeast corner of said
380380 67.66 Acre Tract, and an interior corner of this tract;
381381 THENCE: Along a fence with the West line of said nature trail,
382382 the East line of said 67.66 Acre Tract, and the lower East line of
383383 this tract as follows:
384384 S 02° 25' 02" E 30.04 feet to a 1/2" iron pin found by 26" Live
385385 Oak tree for an angle point;
386386 S 26° 21' 04" E 218.30 feet to a 3/8" iron pin found for an
387387 angle point;
388388 S 26° 19' 50" E 456.50 feet to a 3/8" iron pin found by 16" Live
389389 Oak tree for an angle point;
390390 S 25° 01' 14" E 305.56 feet to an 18" Oak tree found for an
391391 angle point;
392392 S 21° 39' 46" E 165.35 feet to a 3/8" iron pin found for an
393393 angle point;
394394 S 16° 12' 10" E 339.66 feet to an 18" Cedar tree found for an
395395 angle point;
396396 S 14° 12' 03" E 533.49 feet to a 1/2" iron pin found by 18" Oak
397397 tree for an angle point;
398398 S 19° 05' 16" E 202.66 feet to a 3/8" iron pin found by 12" Live
399399 Oak for an angle point;
400400 S 14° 09' 26" E 650.74 feet to a 3/8" iron pin found by 4" cedar
401401 post for an angle point;
402402 S 15° 16' 20" E 383.91 feet to a 10" cedar post found for the
403403 Northeast corner of the remainder of a 2161.001 Acre Tract
404404 (Document #2000028918, Official Public Records), the Southeast
405405 corner of said 67.66 Acre Tract, and the lower Southeast corner of
406406 this tract;
407407 THENCE: S 71° 03' 19" W 770.90 feet along a fence to a 1/2"
408408 iron pin found by 10" creosote post for the Northwest corner of the
409409 remainder of said 2161.001 Acre Tract, the Southwest corner of said
410410 67.66 Acre Tract, and the lower Southwest corner of this tract;
411411 THENCE: N 21° 37' 35" W 1396.02 feet along a fence with the
412412 East line of Survey No. 13 and a 106.95 Acre Tract (Volume 2255,
413413 Page 742, Official Public Records) and the West line of Survey
414414 No. 20 to a 1/2" iron pin found by 8" creosote post for the
415415 Northeast corner of said 106.95 Acre Tract, an angle point of said
416416 67.66 Acre Tract, an exterior corner of said 3072.64 Acre Tract, and
417417 an interior corner of this tract;
418418 THENCE: Along a fence with the North line of said 106.95 Acre
419419 Tract and a South line of said 3072.64 Acre Tract and of this tract
420420 as follows:
421421 S 68° 18' 48" W 1267.81 feet to a 1/2" iron pin found for an
422422 angle point;
423423 S 76° 37' 01" W 136.62 feet to a 40D nail found by Elm for an
424424 angle point;
425425 S 83° 29' 14" W 102.48 feet to a 40D nail found by Elm for an
426426 angle point;
427427 N 61° 35' 19" W 10.73 feet to a 6" cedar post found for an angle
428428 point;
429429 N 87° 05' 38" W 119.71 feet to a 1/2" iron pin found by 2" pipe
430430 post for an angle point;
431431 S 06° 13' 12" E 175.36 feet to a 1/2" iron pin found by 2" pipe
432432 post for an angle point;
433433 S 56° 36' 48" W 75.04 feet to a 1/2" iron pin found for an angle
434434 point;
435435 S 44° 41' 09" W 113.47 feet to a 2" pipe post found for an angle
436436 point;
437437 S 42° 07' 36" W 152.96 feet to a 5/8" iron pin set for the
438438 Northwest corner of said 106.95 Acre Tract and an exterior corner of
439439 said 3072.64 Acre Tract and of this tract;
440440 THENCE: Along a fence with the East line of County Road 232
441441 and a West line of said 3072.64 Acre Tract and of this tract as
442442 follows:
443443 N 19° 17' 35" E 134.40 feet to an angle point;
444444 N 24° 00' 25" W 138.58 feet to an angle point;
445445 N 38° 19' 18" W 658.87 feet to a 1/2" iron pin found by 2" pipe
446446 post for an angle point;
447447 N 39° 31' 29" W 250.06 feet, at 51.76 feet pass the South
448448 terminus of a 50-foot Road Easement (this day surveyed), continuing
449449 to an angle point;
450450 N 44° 04' 25" W 261.31 feet to an angle point;
451451 N 44° 10' 37" W 593.32 feet to a 2" pipe post found for an angle
452452 point;
453453 N 14° 32' 04" W 211.93 feet to an angle point;
454454 N 04° 30' 47" W 470.65 feet to a 1/2" iron pin found in the
455455 South line of a 195.5 Acre Tract (Volume 2458, Page 859, Deed
456456 Records) and an exterior corner of said 3072.64 Acre Tract and of
457457 this tract;
458458 THENCE: N 68° 15' 37" E 2341.32 feet along a fence to a 10"
459459 cedar post found for the Southeast corner of said 195.5 Acre Tract
460460 and an interior corner of said 3072.64 Acre Tract and of this tract;
461461 THENCE: N 20° 44' 59" W 702.86 feet along a fence with the
462462 East line of Survey No. 13 and said 195.5 Acre Tract and the West
463463 line of Survey No. 21 and said 3072.64 Acre Tract to a 5/8" iron pin
464464 set for an exterior corner of a 1419.57 Acre Tract (this day
465465 surveyed) and the lower Northwest corner of this tract;
466466 THENCE: Crossing said 3072.64 Acre Tract with the North line
467467 of this tract as follows:
468468 N 68° 57' 28" E 1870.94 feet to a 5/8" iron pin set for the
469469 lower Southeast corner of said 1419.57 Acre Tract and an interior
470470 corner of this tract;
471471 N 21° 02' 32" W 2598.17 feet with the lower East line of said
472472 1419.57 Acre Tract to a 5/8" iron pin set for an angle point of said
473473 1205.00 Acre Tract and the upper Northwest corner of this tract;
474474 Continuing with the North line of this tract and the South
475475 line of said 1205.00 Acre Tract as follows:
476476 S 64° 48' 25" E 1376.79 feet, at 618.20 feet pass the North
477477 terminus of said road easement, continuing to a 5/8" iron pin set
478478 for an angle point;
479479 N 72° 00' 34" E 2659.37 feet to a 5/8" iron pin set for an
480480 interior corner of said 1205.00 Acre Tract and the upper Northeast
481481 corner of this tract;
482482 S 20° 22' 11" E 1911.75 feet to a 5/8" iron pin set for the
483483 Southwest corner of said 1205.00 Acre Tract and an interior corner
484484 of this tract;
485485 N 67° 49' 03" E 1727.05 feet to the POINT OF BEGINNING.
486486 (c) BEGINNING: At a 1/2" iron pin found in the West line of
487487 County Road 232 and the South line of a 195.5 Acre Tract (Volume
488488 2458, Page 859, Deed Records) for the Northeast corner of this tract
489489 from which a 1/2" iron pin found in the East line of said county road
490490 for an exterior corner of a 514.30 Acre Tract (this day surveyed)
491491 bears N 68° 50' 18" E 54.24 feet;
492492 THENCE: With the West line of said road and the East line of
493493 this tract passing 1/2" iron pins found as follows:
494494 S 04° 49' 16" E 455.90 feet to an angle point;
495495 S 14° 52' 48" E 238.88 feet to an angle point;
496496 S 44° 15' 55" E 602.34 feet to an angle point;
497497 S 44° 13' 37" E 256.82 feet to an angle point;
498498 S 39° 27' 01" E 248.02 feet to an angle point;
499499 S 38° 18' 33" E 658.46 feet to an angle point;
500500 S 24° 31' 17" E 109.18 feet to a 1/2" iron pin found for the
501501 Southeast corner of this tract;
502502 THENCE: With the North line of said county road and the South
503503 line of this tract as follows:
504504 S 18° 59' 07" W 95.53 feet to a 5/8" iron pin set for an angle
505505 point;
506506 S 44° 19' 36" W 271.53 feet to a 5/8" iron pin set for an angle
507507 point;
508508 S 43° 01' 41" W 369.83 feet to a 1/2" iron pin found for an
509509 angle point;
510510 S 42° 33' 02" W 219.62 feet to a 1/2" iron pin found for an
511511 angle point;
512512 S 04° 07' 18" W 76.42 feet to a 5/8" iron pin set for an angle
513513 point;
514514 S 37° 56' 47" W 139.57 feet, at 79.09 feet pass a found 2" pipe
515515 post, continuing to the Southwest corner of this tract;
516516 THENCE: Along the center of North Salado Creek with the East
517517 line of a 12.00 Acre Tract (Document #2020075231, Official Public
518518 Records) and a 124.74 Acre Tract (Document #2016095553, Official
519519 Public Records) and the West line of this tract as follows:
520520 N 41° 03' 59" W 131.42 feet to an angle point;
521521 N 11° 53' 19" W 40.63 feet to an angle point;
522522 N 76° 36' 27" W 45.17 feet to an angle point;
523523 N 30° 48' 05" W 126.68 feet to an angle point;
524524 N 78° 57' 33" W 87.41 feet to an angle point;
525525 N 12° 44' 59" E 79.02 feet to an angle point;
526526 N 11° 00' 13" W 73.47 feet to an angle point;
527527 S 88° 36' 10" W 82.16 feet to an angle point;
528528 N 66° 02' 15" W 98.65 feet to an angle point;
529529 N 06° 27' 32" W 106.86 feet to an angle point;
530530 N 30° 17' 17" E 145.33 feet to an angle point;
531531 N 03° 28' 06" W 75.42 feet to an angle point;
532532 N 37° 44' 59" W 146.89 feet to an angle point;
533533 N 63° 26' 06" W 145.44 feet to an angle point;
534534 N 38° 31' 49" W 136.06 feet to an angle point;
535535 N 12° 39' 09" W 86.38 feet to an angle point;
536536 N 04° 05' 08" W 70.68 feet to an angle point;
537537 S 86° 18' 31" W 52.15 feet to an angle point;
538538 N 76° 52' 51" W 106.01 feet to an angle point;
539539 N 12° 38' 00" W 83.15 feet to an angle point;
540540 N 23° 29' 55" W 105.25 feet to an angle point;
541541 N 10° 37' 11" E 136.64 feet to an angle point;
542542 N 04° 47' 52" W 86.56 feet to an angle point;
543543 N 34° 45' 21" W 139.44 feet to an angle point;
544544 N 06° 54' 40" W 77.72 feet to an angle point;
545545 N 17° 40' 47" E 51.12 feet to an angle point;
546546 N 52° 40' 44" E 193.31 feet to an angle point;
547547 N 18° 45' 31" E 85.20 feet to an angle point;
548548 N 23° 41' 26" W 105.23 feet to an angle point;
549549 N 86° 35' 59" W 152.93 feet to an angle point;
550550 N 60° 31' 27" W 77.06 feet to an angle point;
551551 N 30° 15' 23" W 81.04 feet to an angle point;
552552 N 67° 37' 12" W 107.25 feet to an angle point;
553553 S 79° 56' 22" W 183.67 feet to an angle point;
554554 N 73° 48' 39" W 94.15 feet to an angle point;
555555 S 88° 10' 54" W 91.93 feet to an angle point;
556556 N 53° 44' 46" W 180.85 feet to an angle point;
557557 N 74° 50' 45" W 120.88 feet to an angle point;
558558 N 39° 12' 26" W 60.40 feet to the Southwest corner of said
559559 195.5 Acre Tract and the Northwest corner of this tract;
560560 THENCE: N 68° 20' 39" E 1386.29 feet with the South line of
561561 said 195.5 Acre Tract, at 19.37 feet pass a found 12" Pecan stump,
562562 continuing along a fence to the POINT OF BEGINNING.
563563 (d) BEGINNING: At a 2" pipe post found in the South line of
564564 County Road 232 and the lower East line of a 649.53 Acre Tract
565565 (Document # #2004074055, Official Public Records, described in
566566 Volume 2520, Page 200 and Volume 2598, Page 457, Official Public
567567 Records) for the Northwest corner of this tract from which a 2" pipe
568568 post found in the North line of said county road for the upper
569569 Southwest corner of a 1419.57 Acre Tract (this day surveyed) bears N
570570 00° 18' 48" E 56.15 feet;
571571 THENCE: Along a fence with the South and West line of said
572572 county road and the North and East line of this tract as follows:
573573 S 83° 15' 32" E 491.41 feet to a 6" cedar post found for an
574574 angle point;
575575 S 71° 41' 57" E 76.53 feet to a 6" cedar post found for an angle
576576 point;
577577 S 48° 56' 34" E 139.44 feet to a 6" cedar post found for an
578578 angle point;
579579 S 19° 57' 48" E 414.71 feet to a 5" cedar post found for an
580580 angle point;
581581 S 41° 43' 21" E 317.47 feet to a 5" cedar post found for an
582582 angle point;
583583 S 49° 16' 01" E 370.58 feet to a 6" cedar post found for an
584584 angle point;
585585 S 32° 42' 02" E 683.73 feet to a 2" pipe post found for the
586586 Southeast corner of this tract;
587587 THENCE: S 68° 22' 29" W 1256.52 feet along a fence with the
588588 North line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458,
589589 Page 859, Deed Records) and the South line of Abstract No. 358, at
590590 1209.80 feet pass a 1/2" iron pin found by 14" Elm, continuing
591591 without fence to the Northwest corner of said 195.5 Acre Tract and
592592 the lower Southwest corner of this tract;
593593 THENCE: Along the center of North Salado Creek with the North
594594 line of a 61.80 Acre Tract (Document #2010063430, Official Public
595595 Records) and the South line of this tract as follows:
596596 N 02° 31' 01" W 103.87 feet to an angle point;
597597 N 52° 32' 58" W 74.50 feet to an angle point;
598598 N 84° 29' 40" W 104.92 feet to an angle point;
599599 S 85° 34' 16" W 152.08 feet to an angle point;
600600 N 80° 01' 20" W 218.89 feet to the lower Southeast corner of
601601 said 649.53 Acre Tract and the Southwest corner of this tract;
602602 THENCE: With the lower East line of said 649.53 Acre Tract
603603 and the West line of this tract as follows:
604604 N 04° 31' 03" E 649.14 feet, at 72.82 feet pass a found 2" pipe
605605 post, continuing along a fence to a 12" cedar post found for an
606606 angle point;
607607 N 02° 28' 22" E 641.86 feet along a fence to a 2" pipe post
608608 found for an angle point;
609609 N 04° 10' 33" W 608.21 feet along a fence to the POINT OF
610610 BEGINNING.
611611 SECTION 3. (a) The legal notice of the intention to
612612 introduce this Act, setting forth the general substance of this
613613 Act, has been published as provided by law, and the notice and a
614614 copy of this Act have been furnished to all persons, agencies,
615615 officials, or entities to which they are required to be furnished
616616 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
617617 Government Code.
618618 (b) The governor, one of the required recipients, has
619619 submitted the notice and Act to the Texas Commission on
620620 Environmental Quality.
621621 (c) The Texas Commission on Environmental Quality has filed
622622 its recommendations relating to this Act with the governor, the
623623 lieutenant governor, and the speaker of the house of
624624 representatives within the required time.
625625 (d) All requirements of the constitution and laws of this
626626 state and the rules and procedures of the legislature with respect
627627 to the notice, introduction, and passage of this Act are fulfilled
628628 and accomplished.
629629 SECTION 4. (a) If this Act does not receive a two-thirds
630630 vote of all the members elected to each house, Subchapter C, Chapter
631631 7962, Special District Local Laws Code, as added by Section 1 of
632632 this Act, is amended by adding Section 7962.0308 to read as follows:
633633 Sec. 7962.0308. NO EMINENT DOMAIN POWER. The district may
634634 not exercise the power of eminent domain.
635635 (b) This section is not intended to be an expression of a
636636 legislative interpretation of the requirements of Section 17(c),
637637 Article I, Texas Constitution.
638638 SECTION 5. This Act takes effect immediately if it receives
639639 a vote of two-thirds of all the members elected to each house, as
640640 provided by Section 39, Article III, Texas Constitution. If this
641641 Act does not receive the vote necessary for immediate effect, this
642642 Act takes effect September 1, 2023.
643643 * * * * *