H.B. No. 5384
AN ACT
relating to the creation of the Harris-Waller Counties Municipal
Utility District No. 9; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7996A to read as follows:
CHAPTER 7996A. HARRIS-WALLER COUNTIES MUNICIPAL UTILITY DISTRICT
NO. 9
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7996A.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Harris-Waller Counties
Municipal Utility District No. 9.
Sec. 7996A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7996A.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7996A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7996A.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district as required by
general law.
Sec. 7996A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7996A.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7996A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7996A.0202, directors
serve staggered four-year terms.
Sec. 7996A.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7996A.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7996A.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7996A.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7996A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7996A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7996A.0303. AUTHORITY FOR ROAD PROJECTS. Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a
municipality for operation and maintenance macadamized, graveled,
or paved roads, or improvements, including storm drainage, in aid
of those roads.
Sec. 7996A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7996A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 7996A.0306. DIVISION OF DISTRICT. (a) The board, on
its own motion or on receipt of a petition signed by the owner or
owners of a majority of the assessed value of the real property in
the district, may adopt an order dividing the district.
(b) An order dividing a district may create one or more new
districts and may provide for the continuation of the district.
(c) An order dividing the district shall:
(1) name any new district;
(2) include the metes and bounds description of the
territory of each of the districts;
(3) appoint temporary directors for any new district;
and
(4) provide for the division of assets and liabilities
between the districts.
(d) The board may adopt an order dividing the district
before or after the date the board holds an election to confirm the
district's creation.
(e) The district may be divided only if the district:
(1) has never issued any bonds; and
(2) is not imposing ad valorem taxes.
(f) A new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(i) A new district created by the division of the district
shall hold a confirmation and directors' election.
(j) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(k) A new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(l) The district may continue to rely on confirmation,
directors', bond, or tax elections held prior to the division.
(m) Municipal consent to the creation of the district and to
the inclusion of land in the district acts as municipal consent to
the creation of any new district created by the division of the
district and to the inclusion of land in the new district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7996A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section
7996A.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7996A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7996A.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7996A.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7996A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7996A.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7996A.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Harris-Waller Counties Municipal Utility
District No. 9 initially includes all the territory contained in
the following area:
Being 1,977 acres of land located in the B.B.B. & C. RR. Co.
Survey, Abstract No. 171, the Henry Trott Survey, Abstract
No. 1589, the B.B.B. & C. RR. Co. Survey, Abstract No. 170, the
B.B.B. & C. RR. Co. Survey, Abstract No. 169, and the C.A. Willis
Survey, Abstract No. 888, in Harris County, Texas, and in the
B.B.B. & C. RR. Co. Survey, Abstract No. 94, the John Tom Survey,
Abstract No. 265, the Henry Trott Survey, Abstract No. 267, the
C.A. Willis Survey, Abstract No. 276, the Shubal Marsh Survey,
Abstract No. 217, and the S. Haddi Survey, Abstract No. 135, in
Waller County, Texas; said 1,977 acres being a portion of a called
405.431 acre tract of land (Tract 2), all of a called 264.755 acre
tract of land (Tract 5), and all of a called 289.8972 acre tract of
land (Tract 8) conveyed to Bud Adams Ranches, Inc. in Volume 458,
Page 249 of the Deed Records of Harris County (D.R.H.C.), all of a
called 20.00 acre tract of land conveyed to Amy Adams Strunk in C.F.
No. U924028 of the Official Public Records of Real Property of
Harris County (O.P.R.R.P.H.C.), all of a called 8.43 acre tract of
land conveyed to Bud Adams Ranches, Inc. in Volume 476, Page 547 of
the Deed Records of Waller County (D.R.W.C.), all of a called 50
acre tract of land (Tract I), all of a called 72 acre tract of land
(Tract II), all of a called 110 acre tract of land (Tract III), all
of a called 69-3/4 acre tract of land (Tract IV), all of a called 150
acre tract of land (Tract V), and all of a called 106 acre tract of
land (Tract VI) conveyed to KSA Industries, Inc in Volume 606, Page
493 of the D.R.W.C. and in C.F. No. T455463 of the O.P.R.R.P.H.C., a
portion of a called 351 acre tract of land conveyed to Bud Adams
Ranches, Inc. in Volume 3595, Page 305 of the D.R.H.C., and all of a
called 85.129 acre tract of land conveyed to Bud Adams Ranches, Inc.
in Volume 481, Page 657 of the D.R.W.C.; said 1,977 acres being more
particularly described in two tracts by metes and bounds as follows
(all bearings are referenced to the north line of aforesaid 351 acre
tract - S88°30'00"E):
Tract One - 726 Acres:
Beginning at the southwest corner of said 289.8972 acre tract
and the most southerly southeast corner of a called 497.398 acre
tract of land conveyed to Robert Humphrey and wife, Paulette
Humphrey in C.F. No. V354202 of the O.P.R.R.P.H.C., and being on
the northerly right-of-way line of Mayer Road (width varies);
Thence, with the common line of said 289.8972 acre tract and
said 497.398 acre tract, the following twelve (12) courses:
1. North 01 degrees 05 minutes 00 seconds West, a distance of
1,798.10 feet;
2. North 45 degrees 27 minutes 00 seconds East, a distance of
423.00 feet;
3. North 58 degrees 11 minutes 00 seconds West, a distance of
367.10 feet;
4. North 01 degrees 05 minutes 00 seconds West, a distance of
1,202.70 feet;
5. South 73 degrees 24 minutes 52 seconds East, a distance of
378.81 feet;
6. South 77 degrees 48 minutes 49 seconds East, a distance of
371.24 feet;
7. South 65 degrees 57 minutes 46 seconds East, a distance of 48.12
feet;
8. South 88 degrees 34 minutes 00 seconds East, a distance of
1,154.00 feet;
9. North 07 degrees 02 minutes 00 seconds East, a distance of
141.00 feet;
10. South 88 degrees 54 minutes 00 seconds East, a distance of
420.10 feet;
11. South 07 degrees 02 minutes 00 seconds West, a distance of
211.00 feet;
12. South 88 degrees 55 minutes 00 seconds East, a distance of
984.22 feet to the most easterly southeast corner of said 497.398
acre tract and an exterior corner of aforesaid 405.431 acre tract;
13 Thence, with the common line of said 405.431 acre tract and said
497.398 acre tract, North 01 degrees 17 minutes 00 seconds West, a
distance of 763.36 feet to the centerline of Spring Creek and being
on the common Harris and Waller County line;
Thence, with the common line of said 405.431 acre tract, the
497.398 acre tract, the centerline of Spring Creek, and said Harris
and Waller County line, the following twenty two (22) courses:
14. North 42 degrees 41 minutes 55 seconds West, a distance of
230.66 feet;
15. North 04 degrees 43 minutes 00 seconds East, a distance of
237.00 feet;
16. North 05 degrees 47 minutes 00 seconds West, a distance of
224.00 feet;
17. North 13 degrees 43 minutes 00 seconds East, a distance of
126.00 feet;
18. North 58 degrees 13 minutes 00 seconds East, a distance of
161.50 feet;
19. North 50 degrees 47 minutes 00 seconds West, a distance of
199.00 feet;
20. South 83 degrees 28 minutes 00 seconds West, a distance of
365.00 feet;
21. North 86 degrees 17 minutes 00 seconds West, a distance of
126.00 feet;
22. South 40 degrees 13 minutes 00 seconds West, a distance of
58.00 feet;
23. North 73 degrees 17 minutes 00 seconds West, a distance of
137.00 feet;
24. North 29 degrees 58 minutes 00 seconds East, a distance of
111.00 feet;
25. North 56 degrees 17 minutes 00 seconds West, a distance of
86.00 feet;
26. North 32 degrees 32 minutes 00 seconds West, a distance of
178.00 feet;
27. North 15 degrees 17 minutes 00 seconds West, a distance of
84.00 feet;
28. North 07 degrees 43 minutes 00 seconds East, a distance of
148.00 feet;
29. North 21 degrees 43 minutes 00 seconds East, a distance of
230.00 feet;
30. North 39 degrees 43 minutes 00 seconds East, a distance of
66.00 feet;
31. North 26 degrees 43 minutes 00 seconds East, a distance of
109.00 feet;
32. North 05 degrees 13 minutes 00 seconds East, a distance of
145.00 feet;
33. North 62 degrees 17 minutes 00 seconds West, a distance of
87.00 feet;
34. North 42 degrees 32 minutes 00 seconds West, a distance of
50.00 feet;
35. North 03 degrees 47 minutes 00 seconds West, a distance of
119.00 feet to the northwest corner of said 405.431 acre tract, the
northeast corner of said 497.398 acre tract, and being on the
southerly line of a called 78.0467 acre tract of land conveyed to
Triple W Ranch, LLC. in C.F. No. 1408094 of the Official Public
Records of Waller County (O.P.R.W.C.);
36. Thence, with the common line of said 405.431 acre tract and
said 78.0467 acre tract, North 89 degrees 39 minutes 56 seconds
East, a distance of 674.87 feet to the southeast corner of said
78.0467 acre tract and the southwest corner of aforesaid 8.43 acre
tract;
37. Thence, with the common line of said 78.0467 acre tract and
said 8.43 acre tract, North 00 degrees 03 minutes 28 seconds West, a
distance of 502.41 feet to the northwest corner of said 8.43 acre
tract and the southwest corner of a called 56.030 acre tract of land
conveyed to Triple W Ranch, LLC. in C.F. No. 1800040 of the
O.P.R.W.C.;
38. Thence, with the common line of said 8.43 acre tract and said
56.030 acre tract, North 89 degrees 29 minutes 45 seconds East, a
distance of 725.12 feet to the northeast corner of said 8.43 acre
tract and the most westerly northwest corner of a called 53.4218
acre tract of land conveyed to Triple W Ranch, LLC. in C.F.
No. 2011973 of the O.P.R.W.C.;
39. Thence, with the easterly line of said 8.43 acre tract, the
westerly line of said 53.4218 acre tract, and an easterly line of
aforesaid 405.431 acre tract, South 00 degrees 31 minutes 49
seconds East, a distance of 1,247.21 feet to the southwest corner of
said 53.4218 acre tract and an interior corner of said 405.431 acre
tract;
40. Thence, with the northerly line of said 405.431 acre tract,
the southerly line of said 53.4218 acre tract, and the southerly
line of the remainder of a called 78.85 acre tract of land conveyed
to AM Ford Holdings, LLC. in C.F. No. 1901151 of the O.P.R.W.C.,
North 89 degrees 06 minutes 00 seconds East, a distance of 2,545.00
feet to the northeast corner of said 405.431 acre tract, the
southeast corner of said remainder tract, and being on the westerly
right-of-way line of Fields Store Road (width varies);
Thence, with the common easterly line of said 405.431 acre
tract and said westerly right-of-way line of Fields Store Road, the
following fifteen (15) courses:
41. South 00 degrees 13 minutes 00 seconds West, a distance of
1,432.50 feet;
42. South 02 degrees 02 minutes 00 seconds East, a distance of
207.00 feet;
43. South 01 degrees 47 minutes 00 seconds East, a distance of
1,553.00 feet;
44. South 05 degrees 17 minutes 15 seconds East, a distance of
154.00 feet;
45. South 13 degrees 26 minutes 20 seconds East, a distance of
108.49 feet;
46. South 18 degrees 17 minutes 00 seconds East, a distance of
76.50 feet;
47. South 24 degrees 02 minutes 00 seconds East, a distance of
268.50 feet;
48. South 14 degrees 32 minutes 00 seconds East, a distance of
113.30 feet;
49. South 09 degrees 17 minutes 00 seconds East, a distance of
105.00 feet;
50. South 04 degrees 13 minutes 00 seconds West, a distance of
51.00 feet;
51. South 08 degrees 13 minutes 00 seconds West, a distance of
100.00 feet;
52. South 09 degrees 43 minutes 00 seconds West, a distance of
226.00 feet;
53. South 10 degrees 43 minutes 00 seconds West, a distance of
102.42 feet;
54. South 00 degrees 21 minutes 46 seconds West, a distance of
1,052.66 feet
55. 451.48 feet along the arc of a curve to the right, said curve
having a central angle of 82 degrees 57 minutes 20 seconds, a radius
of 311.83 feet and a chord that bears South 41 degrees 50 minutes 26
seconds West, a distance of 413.07 feet;
56. Thence, with the common southerly line of said 405.431 acre
tract, the southerly line of aforesaid 20.00 acre tract, the
southerly line of aforesaid 289.8972 acre tract, the northerly
right-of-way line of said Fields Store Road, and the northerly
right-of-way line of Mayer Road (width varies), North 88 degrees 30
minutes 00 seconds West, a distance of 4,954.00 feet;
57. Thence, continuing with the common southerly line of said
405.531 acre tract and the northerly right-of-way line of said
Mayer Road, North 02 degrees 55 minutes 00 seconds West, a distance
of 247.50 feet;
58. Thence, continuing with said common line, North 87 degrees 13
minutes 00 seconds West, a distance of 1,291.09 feet to the Point of
Beginning and containing 726 acres of land in Tract One.
Tract Two - 1,251 Acres:
Beginning at the southwest corner of a aforesaid 351 acre
tract, being at the intersection of the northerly right-of-way line
of Castle Road (width varies) and the easterly right-of-way line of
Fields Store Road (width varies);
1. Thence, with the common westerly line of said 351 acre tract and
the easterly right-of-way line of Fields Store Road, North 00
degrees 05 minutes 41 seconds West, a distance of 5,320.25 feet to
the northwest corner of said 351 acre tract, being on the southerly
right-of-way line of said Fields Store Road;
Thence, with the northerly line of said 351 acre tract, the
westerly line of aforesaid 150 acre tract, and the southerly and
easterly right-of-way line of said Fields Store Road, the following
six (6) courses:
2. South 88 degrees 30 minutes 00 seconds East, a distance of
2,133.29 feet;
3. 542.83 feet along the arc of a curve to the left, said curve
having a central angle of 83 degrees 38 minutes 45 seconds, a radius
of 371.83 feet and a chord that bears North 42 degrees 11 minutes 08
seconds East, a distance of 495.89 feet;
4. North 00 degrees 21 minutes 46 seconds East, a distance of
897.57 feet;
5. 216.58 feet along the arc of a curve to the right, said curve
having a central angle of 10 degrees 24 minutes 42 seconds, a radius
of 1,191.84 feet and a chord that bears North 05 degrees 34 minutes
07 seconds East, a distance of 216.28 feet;
6. North 10 degrees 46 minutes 27 seconds East, a distance of
300.89 feet;
7. 325.47 feet along the arc of a curve to the left, said curve
having a central angle of 30 degrees 50 minutes 32 seconds, a radius
of 604.63 feet and a chord that bears North 04 degrees 38 minutes 49
seconds West, a distance of 321.56 feet to the northwest corner of
said 150 acre tract and the southwest corner of a called 38.992 acre
tract of land conveyed to Hsiao-Yi Lee, et al, in C.F. No. 1808263
of the O.P.R.W.C.;
8. Thence, with the common northerly line of said 150 acre tract
and the southerly line of said 38.992 acre tract, South 88 degrees
46 minutes 28 seconds East, a distance of 1,637.04 feet to the
southeast corner of said 38.992 acre tract and the southwest corner
of aforesaid 72 acre tract;
9. Thence, with the easterly line of said 38.9612 acre tract, the
westerly line of said 72 acre tract, the westerly line of aforesaid
85.129 acre tract, and the easterly line of a called 13.8691 acre
tract of land conveyed to Roy N. Stephenson in C.F. No. 185595 of
the O.P.R.W.C., North 00 degrees 16 minutes 56 seconds West, a
distance of 2,866.34 feet to the northeast corner of said 13.8691
acre tract and the southeast corner of the remainder of a called
20.00 acre tract of land conveyed to Alton R. Wilson and wife, Sue
Ann Wilson in C.F. No.107959 of the O.P.R.W.C.;
10. Thence, with the westerly line of said 85.129 acre tract, the
easterly line of said remainder tract, and the easterly line of a
called 5.9895 acre tract of land conveyed to Acie Elmo Craig, Jr. in
C.F. No.1104368 of the O.P.R.W.C., North 01 degrees 07 minutes 19
seconds West, a distance of 937.76 feet to the northeast corner of
said 5.985 acre tract and an interior corner of said 85.129 acre
tract;
11. Thence, with the common southerly line of said 85.129 acre
tract and the northerly line of said 5.985 acre tract, North 89
degrees 33 minutes 07 seconds West, a distance of 189.64 feet;
12. Thence, continuing with said common line, and the northerly
line of the remainder of a called 15.000 acre tract conveyed to Acie
Elmo Craig, Jr. in C.F. No. 981047 of the O.P.R.W.C., South 89
degrees 38 minutes 24 seconds West, a distance of 1,619.91 feet to
the northwest corner of said remainder tract, the most northerly
southwest corner of said 85.129 acre tract, and being on the
easterly right-of-way line of aforesaid Fields Store Road;
13. Thence, with the westerly line of said 85.129 acre tract, the
westerly line of aforesaid 264.755 acre tract, and the easterly
right-of-way line of said Fields Store Road, North 00 degrees 06
minutes 36 seconds West, a distance of 1,678.83 feet to the
northwest corner of said 264.755 acre tract and the southwest
corner of a called 125.00 acre tract of land conveyed to Lawrence
Falk in C.F. No.1986149602 of the O.P.R.W.C.;
Thence, with the common northerly line of said 264.755 acre
tract and the southerly line of said 125.00 acre tract, the
following three (3) courses:
14. North 89 degrees 20 minutes 08 seconds East, a distance of
2,772.50 feet;
15. South 26 degrees 39 minutes 52 seconds East, a distance of
631.39 feet;
16. North 63 degrees 20 minutes 08 seconds East, a distance of
2,076.94 feet to the most easterly corner of said 125.00 acre tract,
the most northerly corner of said 264.755 acre tract, and being on
the westerly line of a tract of land conveyed to Sharon Enid
Peterson Clark Oster in C.F. No. 180557 of the O.P.R.W.C.;
17. Thence, with the easterly line of said 264.755 acre tract, the
westerly line of said Oster Tract, and the westerly line of a tract
of land conveyed to Grainger Waller County Land and Cattle, LLC. in
C.F. No. 1406891 of the O.P.R.W.C., South 26 degrees 39 minutes 52
seconds East, a distance of 420.00 feet;
18. Thence, with the common easterly line of said 264.755 acre
tract and the westerly line of said Grainger tract, South 63 degrees
20 minutes 08 seconds West, a distance of 463.06 feet;
19. Thence, continuing with said common line, South 01 degrees 00
minutes 08 seconds West, a distance of 4,160.54 feet to the
southeast corner of said 264.755 acre tract, the southwest corner
of said Grainger tract, and being on the northerly line of a called
226.0 acre tract of land conveyed to New Waverly Sound Investments,
LLC. in C.F. No. 610668 of the O.P.R.W.C.;
20. Thence, with the southerly line of said 264.755 acre tract and
the northerly line of said 226.0 acre tract, North 89 degrees 58
minutes 52 seconds West, a distance of 37.45 feet to the northeast
corner of aforesaid 72 acre tract;
21. Thence, with the common easterly line of said 72 acre tract and
the westerly line of said 226.0 acre tract, South 00 degrees 18
minutes 34 seconds East, a distance of 1,147.71 feet to the
southeast corner of said 72 acre tract and an interior corner of
said 226.0 acre tract;
22. Thence, with the common southerly line of said 72 acre tract
and the northerly line of said 226.0 acre tract, South 89 degrees 23
minutes 32 seconds West, a distance of 259.50 feet to the northwest
corner of said 226.0 acre tract and the northeast corner of
aforesaid 150 acre tract;
23. Thence, with the common east line of said 150 acre tract and
the west line of said 226.0 acre tract, South 00 degrees 05 minutes
35 seconds East, a distance of 1,573.65 feet to the southwest corner
of said 226.0 acre tract and the southeast corner of said 150 acre
tract, being on the northerly line of a called 207.6 acre tract of
land (Tract 1) conveyed to Houston Trust Company in C.F.
No. 20100434611 of the O.P.R.R.P.H.C.;
24. Thence, with the common southerly line of said 150 acre tract
and the northerly line of said 207.6 acre tract, North 89 degrees 16
minutes 54 seconds West, a distance of 1,074.12 feet to the
northwest corner of said 207.6 acre tract and the northeast corner
of aforesaid 110 acre tract;
25. Thence, with the common easterly line of said 110 acre tract
and the westerly line of said 207.6 acre tract, South 01 degrees 02
minutes 24 seconds East, a distance of 2,908.63 feet to the
southeast corner of said 110 acre tract and an interior corner of
said 207.6 acre tract;
26. Thence, with the common southerly line of said 110 acre tract
and the northerly line of said 207.6 acre tract, North 89 degrees 33
minutes 44 seconds West, a distance of 535.02 feet to the northeast
corner of aforesaid 50 acre tract;
27. Thence, with the easterly line of said 50 acre tract, the
easterly line of aforesaid 69-3/4 acre tract, and the westerly line
of said 207.6 acre tract, South 00 degrees 34 minutes 29 seconds
East, a distance of 2,839.39 feet to the southeast corner of said
69-3/4 acre tract, the southwest corner of said 207.6 acre tract,
and being on the northerly right-of-way line of aforesaid Castle
Road;
28. Thence, with the southerly line of said 69-3/4 acre tract, the
southerly line of aforesaid 106 acre tract, the southerly line of
aforesaid 351 acre tract, and the northerly right-of-way line of
said Castle Road, South 89 degrees 58 minutes 09 seconds West, a
distance of 5,102.76 feet to the Point of Beginning and containing
1,251 acres of land in Tract Two.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7996A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7996A.0307 to read as
follows:
Sec. 7996A.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5384 was passed by the House on May 9,
2023, by the following vote: Yeas 108, Nays 34, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5384 was passed by the Senate on May
21, 2023, by the following vote: Yeas 27, Nays 4.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor