Texas 2023 - 88th Regular

Texas House Bill HB5384 Compare Versions

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1	1	H.B. No. 5384
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Harris-Waller Counties Municipal
6	6	Utility District No. 9; 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 7996A to read as follows:
12	12	CHAPTER 7996A. HARRIS-WALLER COUNTIES MUNICIPAL UTILITY DISTRICT
13	13	NO. 9
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 7996A.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 Harris-Waller Counties
21	21	Municipal Utility District No. 9.
22	22	Sec. 7996A.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. 7996A.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. 7996A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section
31	31	7996A.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	general law.
36	36	Sec. 7996A.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. 7996A.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. 7996A.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 7996A.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7996A.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 7996A.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 7996A.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 7996A.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. 7996A.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. 7996A.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. 7996A.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. 7996A.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. 7996A.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. 7996A.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 shall:
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.
168	168	(m) Municipal consent to the creation of the district and to
169	169	the inclusion of land in the district acts as municipal consent to
170	170	the creation of any new district created by the division of the
171	171	district and to the inclusion of land in the new district.
172	172	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
173	173	Sec. 7996A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
174	174	The district may issue, without an election, bonds and other
175	175	obligations secured by:
176	176	(1) revenue other than ad valorem taxes; or
177	177	(2) contract payments described by Section
178	178	7996A.0403.
179	179	(b) The district must hold an election in the manner
180	180	provided by Chapters 49 and 54, Water Code, to obtain voter approval
181	181	before the district may impose an ad valorem tax or issue bonds
182	182	payable from ad valorem taxes.
183	183	(c) The district may not issue bonds payable from ad valorem
184	184	taxes to finance a road project unless the issuance is approved by a
185	185	vote of a two-thirds majority of the district voters voting at an
186	186	election held for that purpose.
187	187	Sec. 7996A.0402. OPERATION AND MAINTENANCE TAX. (a) If
188	188	authorized at an election held under Section 7996A.0401, the
189	189	district may impose an operation and maintenance tax on taxable
190	190	property in the district in accordance with Section 49.107, Water
191	191	Code.
192	192	(b) The board shall determine the tax rate. The rate may not
193	193	exceed the rate approved at the election.
194	194	Sec. 7996A.0403. CONTRACT TAXES. (a) In accordance with
195	195	Section 49.108, Water Code, the district may impose a tax other than
196	196	an operation and maintenance tax and use the revenue derived from
197	197	the tax to make payments under a contract after the provisions of
198	198	the contract have been approved by a majority of the district voters
199	199	voting at an election held for that purpose.
200	200	(b) A contract approved by the district voters may contain a
201	201	provision stating that the contract may be modified or amended by
202	202	the board without further voter approval.
203	203	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
204	204	Sec. 7996A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
205	205	OBLIGATIONS. The district may issue bonds or other obligations
206	206	payable wholly or partly from ad valorem taxes, impact fees,
207	207	revenue, contract payments, grants, or other district money, or any
208	208	combination of those sources, to pay for any authorized district
209	209	purpose.
210	210	Sec. 7996A.0502. TAXES FOR BONDS. At the time the district
211	211	issues bonds payable wholly or partly from ad valorem taxes, the
212	212	board shall provide for the annual imposition of a continuing
213	213	direct ad valorem tax, without limit as to rate or amount, while all
214	214	or part of the bonds are outstanding as required and in the manner
215	215	provided by Sections 54.601 and 54.602, Water Code.
216	216	Sec. 7996A.0503. BONDS FOR ROAD PROJECTS. At the time of
217	217	issuance, the total principal amount of bonds or other obligations
218	218	issued or incurred to finance road projects and payable from ad
219	219	valorem taxes may not exceed one-fourth of the assessed value of the
220	220	real property in the district.
221	221	SECTION 2. The Harris-Waller Counties Municipal Utility
222	222	District No. 9 initially includes all the territory contained in
223	223	the following area:
224	224	Being 1,977 acres of land located in the B.B.B. & C. RR. Co.
225	225	Survey, Abstract No. 171, the Henry Trott Survey, Abstract
226	226	No. 1589, the B.B.B. & C. RR. Co. Survey, Abstract No. 170, the
227	227	B.B.B. & C. RR. Co. Survey, Abstract No. 169, and the C.A. Willis
228	228	Survey, Abstract No. 888, in Harris County, Texas, and in the
229	229	B.B.B. & C. RR. Co. Survey, Abstract No. 94, the John Tom Survey,
230	230	Abstract No. 265, the Henry Trott Survey, Abstract No. 267, the
231	231	C.A. Willis Survey, Abstract No. 276, the Shubal Marsh Survey,
232	232	Abstract No. 217, and the S. Haddi Survey, Abstract No. 135, in
233	233	Waller County, Texas; said 1,977 acres being a portion of a called
234	234	405.431 acre tract of land (Tract 2), all of a called 264.755 acre
235	235	tract of land (Tract 5), and all of a called 289.8972 acre tract of
236	236	land (Tract 8) conveyed to Bud Adams Ranches, Inc. in Volume 458,
237	237	Page 249 of the Deed Records of Harris County (D.R.H.C.), all of a
238	238	called 20.00 acre tract of land conveyed to Amy Adams Strunk in C.F.
239	239	No. U924028 of the Official Public Records of Real Property of
240	240	Harris County (O.P.R.R.P.H.C.), all of a called 8.43 acre tract of
241	241	land conveyed to Bud Adams Ranches, Inc. in Volume 476, Page 547 of
242	242	the Deed Records of Waller County (D.R.W.C.), all of a called 50
243	243	acre tract of land (Tract I), all of a called 72 acre tract of land
244	244	(Tract II), all of a called 110 acre tract of land (Tract III), all
245	245	of a called 69-3/4 acre tract of land (Tract IV), all of a called 150
246	246	acre tract of land (Tract V), and all of a called 106 acre tract of
247	247	land (Tract VI) conveyed to KSA Industries, Inc in Volume 606, Page
248	248	493 of the D.R.W.C. and in C.F. No. T455463 of the O.P.R.R.P.H.C., a
249	249	portion of a called 351 acre tract of land conveyed to Bud Adams
250	250	Ranches, Inc. in Volume 3595, Page 305 of the D.R.H.C., and all of a
251	251	called 85.129 acre tract of land conveyed to Bud Adams Ranches, Inc.
252	252	in Volume 481, Page 657 of the D.R.W.C.; said 1,977 acres being more
253	253	particularly described in two tracts by metes and bounds as follows
254	254	(all bearings are referenced to the north line of aforesaid 351 acre
255	255	tract - S88°30'00"E):
256	256	Tract One - 726 Acres:
257	257	Beginning at the southwest corner of said 289.8972 acre tract
258	258	and the most southerly southeast corner of a called 497.398 acre
259	259	tract of land conveyed to Robert Humphrey and wife, Paulette
260	260	Humphrey in C.F. No. V354202 of the O.P.R.R.P.H.C., and being on
261	261	the northerly right-of-way line of Mayer Road (width varies);
262	262	Thence, with the common line of said 289.8972 acre tract and
263	263	said 497.398 acre tract, the following twelve (12) courses:
264	264	1. North 01 degrees 05 minutes 00 seconds West, a distance of
265	265	1,798.10 feet;
266	266	2. North 45 degrees 27 minutes 00 seconds East, a distance of
267	267	423.00 feet;
268	268	3. North 58 degrees 11 minutes 00 seconds West, a distance of
269	269	367.10 feet;
270	270	4. North 01 degrees 05 minutes 00 seconds West, a distance of
271	271	1,202.70 feet;
272	272	5. South 73 degrees 24 minutes 52 seconds East, a distance of
273	273	378.81 feet;
274	274	6. South 77 degrees 48 minutes 49 seconds East, a distance of
275	275	371.24 feet;
276	276	7. South 65 degrees 57 minutes 46 seconds East, a distance of 48.12
277	277	feet;
278	278	8. South 88 degrees 34 minutes 00 seconds East, a distance of
279	279	1,154.00 feet;
280	280	9. North 07 degrees 02 minutes 00 seconds East, a distance of
281	281	141.00 feet;
282	282	10. South 88 degrees 54 minutes 00 seconds East, a distance of
283	283	420.10 feet;
284	284	11. South 07 degrees 02 minutes 00 seconds West, a distance of
285	285	211.00 feet;
286	286	12. South 88 degrees 55 minutes 00 seconds East, a distance of
287	287	984.22 feet to the most easterly southeast corner of said 497.398
288	288	acre tract and an exterior corner of aforesaid 405.431 acre tract;
289	289	13 Thence, with the common line of said 405.431 acre tract and said
290	290	497.398 acre tract, North 01 degrees 17 minutes 00 seconds West, a
291	291	distance of 763.36 feet to the centerline of Spring Creek and being
292	292	on the common Harris and Waller County line;
293	293	Thence, with the common line of said 405.431 acre tract, the
294	294	497.398 acre tract, the centerline of Spring Creek, and said Harris
295	295	and Waller County line, the following twenty two (22) courses:
296	296	14. North 42 degrees 41 minutes 55 seconds West, a distance of
297	297	230.66 feet;
298	298	15. North 04 degrees 43 minutes 00 seconds East, a distance of
299	299	237.00 feet;
300	300	16. North 05 degrees 47 minutes 00 seconds West, a distance of
301	301	224.00 feet;
302	302	17. North 13 degrees 43 minutes 00 seconds East, a distance of
303	303	126.00 feet;
304	304	18. North 58 degrees 13 minutes 00 seconds East, a distance of
305	305	161.50 feet;
306	306	19. North 50 degrees 47 minutes 00 seconds West, a distance of
307	307	199.00 feet;
308	308	20. South 83 degrees 28 minutes 00 seconds West, a distance of
309	309	365.00 feet;
310	310	21. North 86 degrees 17 minutes 00 seconds West, a distance of
311	311	126.00 feet;
312	312	22. South 40 degrees 13 minutes 00 seconds West, a distance of
313	313	58.00 feet;
314	314	23. North 73 degrees 17 minutes 00 seconds West, a distance of
315	315	137.00 feet;
316	316	24. North 29 degrees 58 minutes 00 seconds East, a distance of
317	317	111.00 feet;
318	318	25. North 56 degrees 17 minutes 00 seconds West, a distance of
319	319	86.00 feet;
320	320	26. North 32 degrees 32 minutes 00 seconds West, a distance of
321	321	178.00 feet;
322	322	27. North 15 degrees 17 minutes 00 seconds West, a distance of
323	323	84.00 feet;
324	324	28. North 07 degrees 43 minutes 00 seconds East, a distance of
325	325	148.00 feet;
326	326	29. North 21 degrees 43 minutes 00 seconds East, a distance of
327	327	230.00 feet;
328	328	30. North 39 degrees 43 minutes 00 seconds East, a distance of
329	329	66.00 feet;
330	330	31. North 26 degrees 43 minutes 00 seconds East, a distance of
331	331	109.00 feet;
332	332	32. North 05 degrees 13 minutes 00 seconds East, a distance of
333	333	145.00 feet;
334	334	33. North 62 degrees 17 minutes 00 seconds West, a distance of
335	335	87.00 feet;
336	336	34. North 42 degrees 32 minutes 00 seconds West, a distance of
337	337	50.00 feet;
338	338	35. North 03 degrees 47 minutes 00 seconds West, a distance of
339	339	119.00 feet to the northwest corner of said 405.431 acre tract, the
340	340	northeast corner of said 497.398 acre tract, and being on the
341	341	southerly line of a called 78.0467 acre tract of land conveyed to
342	342	Triple W Ranch, LLC. in C.F. No. 1408094 of the Official Public
343	343	Records of Waller County (O.P.R.W.C.);
344	344	36. Thence, with the common line of said 405.431 acre tract and
345	345	said 78.0467 acre tract, North 89 degrees 39 minutes 56 seconds
346	346	East, a distance of 674.87 feet to the southeast corner of said
347	347	78.0467 acre tract and the southwest corner of aforesaid 8.43 acre
348	348	tract;
349	349	37. Thence, with the common line of said 78.0467 acre tract and
350	350	said 8.43 acre tract, North 00 degrees 03 minutes 28 seconds West, a
351	351	distance of 502.41 feet to the northwest corner of said 8.43 acre
352	352	tract and the southwest corner of a called 56.030 acre tract of land
353	353	conveyed to Triple W Ranch, LLC. in C.F. No. 1800040 of the
354	354	O.P.R.W.C.;
355	355	38. Thence, with the common line of said 8.43 acre tract and said
356	356	56.030 acre tract, North 89 degrees 29 minutes 45 seconds East, a
357	357	distance of 725.12 feet to the northeast corner of said 8.43 acre
358	358	tract and the most westerly northwest corner of a called 53.4218
359	359	acre tract of land conveyed to Triple W Ranch, LLC. in C.F.
360	360	No. 2011973 of the O.P.R.W.C.;
361	361	39. Thence, with the easterly line of said 8.43 acre tract, the
362	362	westerly line of said 53.4218 acre tract, and an easterly line of
363	363	aforesaid 405.431 acre tract, South 00 degrees 31 minutes 49
364	364	seconds East, a distance of 1,247.21 feet to the southwest corner of
365	365	said 53.4218 acre tract and an interior corner of said 405.431 acre
366	366	tract;
367	367	40. Thence, with the northerly line of said 405.431 acre tract,
368	368	the southerly line of said 53.4218 acre tract, and the southerly
369	369	line of the remainder of a called 78.85 acre tract of land conveyed
370	370	to AM Ford Holdings, LLC. in C.F. No. 1901151 of the O.P.R.W.C.,
371	371	North 89 degrees 06 minutes 00 seconds East, a distance of 2,545.00
372	372	feet to the northeast corner of said 405.431 acre tract, the
373	373	southeast corner of said remainder tract, and being on the westerly
374	374	right-of-way line of Fields Store Road (width varies);
375	375	Thence, with the common easterly line of said 405.431 acre
376	376	tract and said westerly right-of-way line of Fields Store Road, the
377	377	following fifteen (15) courses:
378	378	41. South 00 degrees 13 minutes 00 seconds West, a distance of
379	379	1,432.50 feet;
380	380	42. South 02 degrees 02 minutes 00 seconds East, a distance of
381	381	207.00 feet;
382	382	43. South 01 degrees 47 minutes 00 seconds East, a distance of
383	383	1,553.00 feet;
384	384	44. South 05 degrees 17 minutes 15 seconds East, a distance of
385	385	154.00 feet;
386	386	45. South 13 degrees 26 minutes 20 seconds East, a distance of
387	387	108.49 feet;
388	388	46. South 18 degrees 17 minutes 00 seconds East, a distance of
389	389	76.50 feet;
390	390	47. South 24 degrees 02 minutes 00 seconds East, a distance of
391	391	268.50 feet;
392	392	48. South 14 degrees 32 minutes 00 seconds East, a distance of
393	393	113.30 feet;
394	394	49. South 09 degrees 17 minutes 00 seconds East, a distance of
395	395	105.00 feet;
396	396	50. South 04 degrees 13 minutes 00 seconds West, a distance of
397	397	51.00 feet;
398	398	51. South 08 degrees 13 minutes 00 seconds West, a distance of
399	399	100.00 feet;
400	400	52. South 09 degrees 43 minutes 00 seconds West, a distance of
401	401	226.00 feet;
402	402	53. South 10 degrees 43 minutes 00 seconds West, a distance of
403	403	102.42 feet;
404	404	54. South 00 degrees 21 minutes 46 seconds West, a distance of
405	405	1,052.66 feet
406	406	55. 451.48 feet along the arc of a curve to the right, said curve
407	407	having a central angle of 82 degrees 57 minutes 20 seconds, a radius
408	408	of 311.83 feet and a chord that bears South 41 degrees 50 minutes 26
409	409	seconds West, a distance of 413.07 feet;
410	410	56. Thence, with the common southerly line of said 405.431 acre
411	411	tract, the southerly line of aforesaid 20.00 acre tract, the
412	412	southerly line of aforesaid 289.8972 acre tract, the northerly
413	413	right-of-way line of said Fields Store Road, and the northerly
414	414	right-of-way line of Mayer Road (width varies), North 88 degrees 30
415	415	minutes 00 seconds West, a distance of 4,954.00 feet;
416	416	57. Thence, continuing with the common southerly line of said
417	417	405.531 acre tract and the northerly right-of-way line of said
418	418	Mayer Road, North 02 degrees 55 minutes 00 seconds West, a distance
419	419	of 247.50 feet;
420	420	58. Thence, continuing with said common line, North 87 degrees 13
421	421	minutes 00 seconds West, a distance of 1,291.09 feet to the Point of
422	422	Beginning and containing 726 acres of land in Tract One.
423	423	Tract Two - 1,251 Acres:
424	424	Beginning at the southwest corner of a aforesaid 351 acre
425	425	tract, being at the intersection of the northerly right-of-way line
426	426	of Castle Road (width varies) and the easterly right-of-way line of
427	427	Fields Store Road (width varies);
428	428	1. Thence, with the common westerly line of said 351 acre tract and
429	429	the easterly right-of-way line of Fields Store Road, North 00
430	430	degrees 05 minutes 41 seconds West, a distance of 5,320.25 feet to
431	431	the northwest corner of said 351 acre tract, being on the southerly
432	432	right-of-way line of said Fields Store Road;
433	433	Thence, with the northerly line of said 351 acre tract, the
434	434	westerly line of aforesaid 150 acre tract, and the southerly and
435	435	easterly right-of-way line of said Fields Store Road, the following
436	436	six (6) courses:
437	437	2. South 88 degrees 30 minutes 00 seconds East, a distance of
438	438	2,133.29 feet;
439	439	3. 542.83 feet along the arc of a curve to the left, said curve
440	440	having a central angle of 83 degrees 38 minutes 45 seconds, a radius
441	441	of 371.83 feet and a chord that bears North 42 degrees 11 minutes 08
442	442	seconds East, a distance of 495.89 feet;
443	443	4. North 00 degrees 21 minutes 46 seconds East, a distance of
444	444	897.57 feet;
445	445	5. 216.58 feet along the arc of a curve to the right, said curve
446	446	having a central angle of 10 degrees 24 minutes 42 seconds, a radius
447	447	of 1,191.84 feet and a chord that bears North 05 degrees 34 minutes
448	448	07 seconds East, a distance of 216.28 feet;
449	449	6. North 10 degrees 46 minutes 27 seconds East, a distance of
450	450	300.89 feet;
451	451	7. 325.47 feet along the arc of a curve to the left, said curve
452	452	having a central angle of 30 degrees 50 minutes 32 seconds, a radius
453	453	of 604.63 feet and a chord that bears North 04 degrees 38 minutes 49
454	454	seconds West, a distance of 321.56 feet to the northwest corner of
455	455	said 150 acre tract and the southwest corner of a called 38.992 acre
456	456	tract of land conveyed to Hsiao-Yi Lee, et al, in C.F. No. 1808263
457	457	of the O.P.R.W.C.;
458	458	8. Thence, with the common northerly line of said 150 acre tract
459	459	and the southerly line of said 38.992 acre tract, South 88 degrees
460	460	46 minutes 28 seconds East, a distance of 1,637.04 feet to the
461	461	southeast corner of said 38.992 acre tract and the southwest corner
462	462	of aforesaid 72 acre tract;
463	463	9. Thence, with the easterly line of said 38.9612 acre tract, the
464	464	westerly line of said 72 acre tract, the westerly line of aforesaid
465	465	85.129 acre tract, and the easterly line of a called 13.8691 acre
466	466	tract of land conveyed to Roy N. Stephenson in C.F. No. 185595 of
467	467	the O.P.R.W.C., North 00 degrees 16 minutes 56 seconds West, a
468	468	distance of 2,866.34 feet to the northeast corner of said 13.8691
469	469	acre tract and the southeast corner of the remainder of a called
470	470	20.00 acre tract of land conveyed to Alton R. Wilson and wife, Sue
471	471	Ann Wilson in C.F. No.107959 of the O.P.R.W.C.;
472	472	10. Thence, with the westerly line of said 85.129 acre tract, the
473	473	easterly line of said remainder tract, and the easterly line of a
474	474	called 5.9895 acre tract of land conveyed to Acie Elmo Craig, Jr. in
475	475	C.F. No.1104368 of the O.P.R.W.C., North 01 degrees 07 minutes 19
476	476	seconds West, a distance of 937.76 feet to the northeast corner of
477	477	said 5.985 acre tract and an interior corner of said 85.129 acre
478	478	tract;
479	479	11. Thence, with the common southerly line of said 85.129 acre
480	480	tract and the northerly line of said 5.985 acre tract, North 89
481	481	degrees 33 minutes 07 seconds West, a distance of 189.64 feet;
482	482	12. Thence, continuing with said common line, and the northerly
483	483	line of the remainder of a called 15.000 acre tract conveyed to Acie
484	484	Elmo Craig, Jr. in C.F. No. 981047 of the O.P.R.W.C., South 89
485	485	degrees 38 minutes 24 seconds West, a distance of 1,619.91 feet to
486	486	the northwest corner of said remainder tract, the most northerly
487	487	southwest corner of said 85.129 acre tract, and being on the
488	488	easterly right-of-way line of aforesaid Fields Store Road;
489	489	13. Thence, with the westerly line of said 85.129 acre tract, the
490	490	westerly line of aforesaid 264.755 acre tract, and the easterly
491	491	right-of-way line of said Fields Store Road, North 00 degrees 06
492	492	minutes 36 seconds West, a distance of 1,678.83 feet to the
493	493	northwest corner of said 264.755 acre tract and the southwest
494	494	corner of a called 125.00 acre tract of land conveyed to Lawrence
495	495	Falk in C.F. No.1986149602 of the O.P.R.W.C.;
496	496	Thence, with the common northerly line of said 264.755 acre
497	497	tract and the southerly line of said 125.00 acre tract, the
498	498	following three (3) courses:
499	499	14. North 89 degrees 20 minutes 08 seconds East, a distance of
500	500	2,772.50 feet;
501	501	15. South 26 degrees 39 minutes 52 seconds East, a distance of
502	502	631.39 feet;
503	503	16. North 63 degrees 20 minutes 08 seconds East, a distance of
504	504	2,076.94 feet to the most easterly corner of said 125.00 acre tract,
505	505	the most northerly corner of said 264.755 acre tract, and being on
506	506	the westerly line of a tract of land conveyed to Sharon Enid
507	507	Peterson Clark Oster in C.F. No. 180557 of the O.P.R.W.C.;
508	508	17. Thence, with the easterly line of said 264.755 acre tract, the
509	509	westerly line of said Oster Tract, and the westerly line of a tract
510	510	of land conveyed to Grainger Waller County Land and Cattle, LLC. in
511	511	C.F. No. 1406891 of the O.P.R.W.C., South 26 degrees 39 minutes 52
512	512	seconds East, a distance of 420.00 feet;
513	513	18. Thence, with the common easterly line of said 264.755 acre
514	514	tract and the westerly line of said Grainger tract, South 63 degrees
515	515	20 minutes 08 seconds West, a distance of 463.06 feet;
516	516	19. Thence, continuing with said common line, South 01 degrees 00
517	517	minutes 08 seconds West, a distance of 4,160.54 feet to the
518	518	southeast corner of said 264.755 acre tract, the southwest corner
519	519	of said Grainger tract, and being on the northerly line of a called
520	520	226.0 acre tract of land conveyed to New Waverly Sound Investments,
521	521	LLC. in C.F. No. 610668 of the O.P.R.W.C.;
522	522	20. Thence, with the southerly line of said 264.755 acre tract and
523	523	the northerly line of said 226.0 acre tract, North 89 degrees 58
524	524	minutes 52 seconds West, a distance of 37.45 feet to the northeast
525	525	corner of aforesaid 72 acre tract;
526	526	21. Thence, with the common easterly line of said 72 acre tract and
527	527	the westerly line of said 226.0 acre tract, South 00 degrees 18
528	528	minutes 34 seconds East, a distance of 1,147.71 feet to the
529	529	southeast corner of said 72 acre tract and an interior corner of
530	530	said 226.0 acre tract;
531	531	22. Thence, with the common southerly line of said 72 acre tract
532	532	and the northerly line of said 226.0 acre tract, South 89 degrees 23
533	533	minutes 32 seconds West, a distance of 259.50 feet to the northwest
534	534	corner of said 226.0 acre tract and the northeast corner of
535	535	aforesaid 150 acre tract;
536	536	23. Thence, with the common east line of said 150 acre tract and
537	537	the west line of said 226.0 acre tract, South 00 degrees 05 minutes
538	538	35 seconds East, a distance of 1,573.65 feet to the southwest corner
539	539	of said 226.0 acre tract and the southeast corner of said 150 acre
540	540	tract, being on the northerly line of a called 207.6 acre tract of
541	541	land (Tract 1) conveyed to Houston Trust Company in C.F.
542	542	No. 20100434611 of the O.P.R.R.P.H.C.;
543	543	24. Thence, with the common southerly line of said 150 acre tract
544	544	and the northerly line of said 207.6 acre tract, North 89 degrees 16
545	545	minutes 54 seconds West, a distance of 1,074.12 feet to the
546	546	northwest corner of said 207.6 acre tract and the northeast corner
547	547	of aforesaid 110 acre tract;
548	548	25. Thence, with the common easterly line of said 110 acre tract
549	549	and the westerly line of said 207.6 acre tract, South 01 degrees 02
550	550	minutes 24 seconds East, a distance of 2,908.63 feet to the
551	551	southeast corner of said 110 acre tract and an interior corner of
552	552	said 207.6 acre tract;
553	553	26. Thence, with the common southerly line of said 110 acre tract
554	554	and the northerly line of said 207.6 acre tract, North 89 degrees 33
555	555	minutes 44 seconds West, a distance of 535.02 feet to the northeast
556	556	corner of aforesaid 50 acre tract;
557	557	27. Thence, with the easterly line of said 50 acre tract, the
558	558	easterly line of aforesaid 69-3/4 acre tract, and the westerly line
559	559	of said 207.6 acre tract, South 00 degrees 34 minutes 29 seconds
560	560	East, a distance of 2,839.39 feet to the southeast corner of said
561	561	69-3/4 acre tract, the southwest corner of said 207.6 acre tract,
562	562	and being on the northerly right-of-way line of aforesaid Castle
563	563	Road;
564	564	28. Thence, with the southerly line of said 69-3/4 acre tract, the
565	565	southerly line of aforesaid 106 acre tract, the southerly line of
566	566	aforesaid 351 acre tract, and the northerly right-of-way line of
567	567	said Castle Road, South 89 degrees 58 minutes 09 seconds West, a
568	568	distance of 5,102.76 feet to the Point of Beginning and containing
569	569	1,251 acres of land in Tract Two.
570	570	SECTION 3. (a) The legal notice of the intention to
571	571	introduce this Act, setting forth the general substance of this
572	572	Act, has been published as provided by law, and the notice and a
573	573	copy of this Act have been furnished to all persons, agencies,
574	574	officials, or entities to which they are required to be furnished
575	575	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
576	576	Government Code.
577	577	(b) The governor, one of the required recipients, has
578	578	submitted the notice and Act to the Texas Commission on
579	579	Environmental Quality.
580	580	(c) The Texas Commission on Environmental Quality has filed
581	581	its recommendations relating to this Act with the governor, the
582	582	lieutenant governor, and the speaker of the house of
583	583	representatives within the required time.
584	584	(d) All requirements of the constitution and laws of this
585	585	state and the rules and procedures of the legislature with respect
586	586	to the notice, introduction, and passage of this Act are fulfilled
587	587	and accomplished.
588	588	SECTION 4. (a) If this Act does not receive a two-thirds
589	589	vote of all the members elected to each house, Subchapter C, Chapter
590	590	7996A, Special District Local Laws Code, as added by Section 1 of
591	591	this Act, is amended by adding Section 7996A.0307 to read as
592	592	follows:
593	593	Sec. 7996A.0307. NO EMINENT DOMAIN POWER. The district may
594	594	not exercise the power of eminent domain.
595	595	(b) This section is not intended to be an expression of a
596	596	legislative interpretation of the requirements of Section 17(c),
597	597	Article I, Texas Constitution.
598	598	SECTION 5. This Act takes effect immediately if it receives
599	599	a vote of two-thirds of all the members elected to each house, as
600	600	provided by Section 39, Article III, Texas Constitution. If this
601	601	Act does not receive the vote necessary for immediate effect, this
602	602	Act takes effect September 1, 2023.
603	603	______________________________ ______________________________
604	604	President of the Senate Speaker of the House
605	605	I certify that H.B. No. 5384 was passed by the House on May 9,
606	606	2023, by the following vote: Yeas 108, Nays 34, 2 present, not
607	607	voting.
608	608	______________________________
609	609	Chief Clerk of the House
610	610	I certify that H.B. No. 5384 was passed by the Senate on May
611	611	21, 2023, by the following vote: Yeas 27, Nays 4.
612	612	______________________________
613	613	Secretary of the Senate
614	614	APPROVED: _____________________
615	615	Date
616	616	_____________________
617	617	Governor