Texas 2023 - 88th Regular

Texas House Bill HB5388 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R21843 MP-F
2	2	By: Gerdes H.B. No. 5388
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Martindale Municipal Utility
8	8	District No. 1 of Caldwell County, Texas; granting a limited power
9	9	of eminent domain; providing authority to issue bonds; providing
10	10	authority to impose assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 7989A to read as follows:
14	14	CHAPTER 7989A. MARTINDALE MUNICIPAL UTILITY DISTRICT NO. 1 OF
15	15	CALDWELL COUNTY, TEXAS
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 7989A.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Martindale Municipal Utility
23	23	District No. 1 of Caldwell County, Texas.
24	24	Sec. 7989A.0102. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 7989A.0103. CONFIRMATION AND DIRECTOR ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 7989A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section
33	33	7989A.0103 until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district as required by
37	37	applicable law.
38	38	Sec. 7989A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
39	39	(a) The district is created to serve a public purpose and benefit.
40	40	(b) The district is created to accomplish the purposes of:
41	41	(1) a municipal utility district as provided by
42	42	general law and Section 59, Article XVI, Texas Constitution; and
43	43	(2) Section 52, Article III, Texas Constitution, that
44	44	relate to the construction, acquisition, improvement, operation,
45	45	or maintenance of macadamized, graveled, or paved roads, or
46	46	improvements, including storm drainage, in aid of those roads.
47	47	Sec. 7989A.0106. INITIAL DISTRICT TERRITORY. (a) The
48	48	district is initially composed of the territory described by
49	49	Section 2 of the Act enacting this chapter.
50	50	(b) The boundaries and field notes contained in Section 2 of
51	51	the Act enacting this chapter form a closure. A mistake made in the
52	52	field notes or in copying the field notes in the legislative process
53	53	does not affect the district's:
54	54	(1) organization, existence, or validity;
55	55	(2) right to issue any type of bond for the purposes
56	56	for which the district is created or to pay the principal of and
57	57	interest on a bond;
58	58	(3) right to impose a tax; or
59	59	(4) legality or operation.
60	60	SUBCHAPTER B. BOARD OF DIRECTORS
61	61	Sec. 7989A.0201. GOVERNING BODY; TERMS. (a) The district
62	62	is governed by a board of five elected directors.
63	63	(b) Except as provided by Section 7989A.0202, directors
64	64	serve staggered four-year terms.
65	65	Sec. 7989A.0202. TEMPORARY DIRECTORS. (a) The temporary
66	66	board consists of:
67	67	(1) Carson Vaughn;
68	68	(2) Jarrod Tyler Karonika;
69	69	(3) Randall Lavender;
70	70	(4) Jeffrey Grier; and
71	71	(5) Josue Limon.
72	72	(b) Temporary directors serve until the earlier of:
73	73	(1) the date permanent directors are elected under
74	74	Section 7989A.0103; or
75	75	(2) the fourth anniversary of the effective date of
76	76	the Act enacting this chapter.
77	77	(c) If permanent directors have not been elected under
78	78	Section 7989A.0103 and the terms of the temporary directors have
79	79	expired, successor temporary directors shall be appointed or
80	80	reappointed as provided by Subsection (d) to serve terms that
81	81	expire on the earlier of:
82	82	(1) the date permanent directors are elected under
83	83	Section 7989A.0103; or
84	84	(2) the fourth anniversary of the date of the
85	85	appointment or reappointment.
86	86	(d) If Subsection (c) applies, the owner or owners of a
87	87	majority of the assessed value of the real property in the district
88	88	may submit a petition to the commission requesting that the
89	89	commission appoint as successor temporary directors the five
90	90	persons named in the petition. The commission shall appoint as
91	91	successor temporary directors the five persons named in the
92	92	petition.
93	93	SUBCHAPTER C. POWERS AND DUTIES
94	94	Sec. 7989A.0301. GENERAL POWERS AND DUTIES. The district
95	95	has the powers and duties necessary to accomplish the purposes for
96	96	which the district is created.
97	97	Sec. 7989A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
98	98	DUTIES. The district has the powers and duties provided by the
99	99	general law of this state, including Chapters 49 and 54, Water Code,
100	100	applicable to municipal utility districts created under Section 59,
101	101	Article XVI, Texas Constitution.
102	102	Sec. 7989A.0303. AUTHORITY FOR ROAD PROJECTS. Under
103	103	Section 52, Article III, Texas Constitution, the district may
104	104	design, acquire, construct, finance, issue bonds for, improve,
105	105	operate, maintain, and convey to this state, a county, or a
106	106	municipality for operation and maintenance macadamized, graveled,
107	107	or paved roads, or improvements, including storm drainage, in aid
108	108	of those roads.
109	109	Sec. 7989A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
110	110	road project must meet all applicable construction standards,
111	111	zoning and subdivision requirements, and regulations of each
112	112	municipality in whose corporate limits or extraterritorial
113	113	jurisdiction the road project is located.
114	114	(b) If a road project is not located in the corporate limits
115	115	or extraterritorial jurisdiction of a municipality, the road
116	116	project must meet all applicable construction standards,
117	117	subdivision requirements, and regulations of each county in which
118	118	the road project is located.
119	119	(c) If the state will maintain and operate the road, the
120	120	Texas Transportation Commission must approve the plans and
121	121	specifications of the road project.
122	122	Sec. 7989A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
123	123	ORDINANCE OR RESOLUTION. The district shall comply with all
124	124	applicable requirements of any ordinance or resolution that is
125	125	adopted under Section 54.016 or 54.0165, Water Code, and that
126	126	consents to the creation of the district or to the inclusion of land
127	127	in the district.
128	128	Sec. 7989A.0306. DIVISION OF DISTRICT. (a) The board, on
129	129	its own motion or on receipt of a petition signed by the owner or
130	130	owners of a majority of the assessed value of the real property in
131	131	the district, may adopt an order dividing the district.
132	132	(b) An order dividing a district may create one or more new
133	133	districts and may provide for the continuation of the district.
134	134	(c) An order dividing the district shall:
135	135	(1) name any new district;
136	136	(2) include the metes and bounds description of the
137	137	territory of each of the districts;
138	138	(3) appoint temporary directors for any new district;
139	139	and
140	140	(4) provide for the division of assets and liabilities
141	141	between the districts.
142	142	(d) The board may adopt an order dividing the district
143	143	before or after the date the board holds an election to confirm the
144	144	district's creation.
145	145	(e) The district may be divided only if the district:
146	146	(1) has never issued any bonds; and
147	147	(2) is not imposing ad valorem taxes.
148	148	(f) A new district created by the division of the district
149	149	may not, at the time the new district is created, contain any land
150	150	outside the area described by Section 2 of the Act enacting this
151	151	chapter.
152	152	(g) On or before the 30th day after the date of adoption of
153	153	an order dividing the district, the district shall file the order
154	154	with the commission and record the order in the real property
155	155	records of each county in which the district is located.
156	156	(h) This chapter applies to any new district created by the
157	157	division of the district, and a new district has all the powers and
158	158	duties of the district.
159	159	(i) A new district created by the division of the district
160	160	shall hold a confirmation and directors' election.
161	161	(j) If the creation of the new district is confirmed, the
162	162	new district shall provide the election date and results to the
163	163	commission.
164	164	(k) A new district created by the division of the district
165	165	must hold an election as required by this chapter to obtain voter
166	166	approval before the district may impose a maintenance tax or issue
167	167	bonds payable wholly or partly from ad valorem taxes.
168	168	(l) The district may continue to rely on confirmation,
169	169	directors', bond, or tax elections held prior to the division.
170	170	(m) Municipal consent to the creation of the district and to
171	171	the inclusion of land in the district acts as municipal consent to
172	172	the creation of any new district created by the division of the
173	173	district and to the inclusion of land in the new district.
174	174	Sec. 7989A.0307. STRATEGIC PARTNERSHIP AGREEMENT. The
175	175	district may negotiate and enter into a written strategic
176	176	partnership agreement under Section 43.0751, Local Government
177	177	Code, with a municipality in whose extraterritorial jurisdiction
178	178	the district is located.
179	179	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
180	180	Sec. 7989A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
181	181	The district may issue, without an election, bonds and other
182	182	obligations secured by:
183	183	(1) revenue other than ad valorem taxes; or
184	184	(2) contract payments described by Section
185	185	7989A.0403.
186	186	(b) The district must hold an election in the manner
187	187	provided by Chapters 49 and 54, Water Code, to obtain voter approval
188	188	before the district may impose an ad valorem tax or issue bonds
189	189	payable from ad valorem taxes.
190	190	(c) The district may not issue bonds payable from ad valorem
191	191	taxes to finance a road project unless the issuance is approved by a
192	192	vote of a two-thirds majority of the district voters voting at an
193	193	election held for that purpose.
194	194	Sec. 7989A.0402. OPERATION AND MAINTENANCE TAX. (a) If
195	195	authorized at an election held under Section 7989A.0401, the
196	196	district may impose an operation and maintenance tax on taxable
197	197	property in the district in accordance with Section 49.107, Water
198	198	Code.
199	199	(b) The board shall determine the tax rate. The rate may not
200	200	exceed the rate approved at the election.
201	201	Sec. 7989A.0403. CONTRACT TAXES. (a) In accordance with
202	202	Section 49.108, Water Code, the district may impose a tax other than
203	203	an operation and maintenance tax and use the revenue derived from
204	204	the tax to make payments under a contract after the provisions of
205	205	the contract have been approved by a majority of the district voters
206	206	voting at an election held for that purpose.
207	207	(b) A contract approved by the district voters may contain a
208	208	provision stating that the contract may be modified or amended by
209	209	the board without further voter approval.
210	210	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
211	211	Sec. 7989A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
212	212	OBLIGATIONS. The district may issue bonds or other obligations
213	213	payable wholly or partly from ad valorem taxes, impact fees,
214	214	revenue, contract payments, grants, or other district money, or any
215	215	combination of those sources, to pay for any authorized district
216	216	purpose.
217	217	Sec. 7989A.0502. TAXES FOR BONDS. At the time the district
218	218	issues bonds payable wholly or partly from ad valorem taxes, the
219	219	board shall provide for the annual imposition of a continuing
220	220	direct ad valorem tax, without limit as to rate or amount, while all
221	221	or part of the bonds are outstanding as required and in the manner
222	222	provided by Sections 54.601 and 54.602, Water Code.
223	223	Sec. 7989A.0503. BONDS FOR ROAD PROJECTS. At the time of
224	224	issuance, the total principal amount of bonds or other obligations
225	225	issued or incurred to finance road projects and payable from ad
226	226	valorem taxes may not exceed one-fourth of the assessed value of the
227	227	real property in the district.
228	228	SECTION 2. The Martindale Municipal Utility District No. 1
229	229	of Caldwell County, Texas, initially includes all the territory
230	230	contained in the following area:
231	231	Being a 297.008 acre tract of land lying in the Stephen B.
232	232	Morrison Survey No. 2, Abstract No. 19, Caldwell County, Texas,
233	233	said 297.008 acre tract being a portion of a 441 acre tract of land
234	234	described in a Deed of Distribution to Herbert Richard Conrads,
235	235	dated May 10, 1993, and recorded in Volume 90, Page 891, Official
236	236	Public Records of Caldwell County, Texas; said 297.008 acre tract
237	237	being more particularly described as follows:
238	238	BEGINNING: at a point at the intersection of the northeast
239	239	right-of-way line of San Marcos Highway - Highway 80 (varying width
240	240	right-of-way) and a southeast line of the aforementioned 441 acre
241	241	tract, for the most easterly east corner of a 6.702 acre tract of
242	242	land, same being the San Marcos Highway right-of-way, to the State
243	243	of Texas as described and recorded in Volume 144, Page 518, Deed
244	244	Records of Caldwell County, Texas, the west corner of a 168.42 acre
245	245	tract of land as described and recorded in Volume 500, Page 70,
246	246	Official Public Records of Caldwell County, Texas, and a south
247	247	corner of the herein described 297.008 acre tract, from which a 1/2"
248	248	iron rod with plastic cap stamped "CHAPARREL BOUNDARY" found bears
249	249	N48°29'05"E, a distance of 0.73 feet;
250	250	THENCE: leaving a southeast line of the aforementioned 441
251	251	acre tract, along the northeast right-of-way line of the
252	252	aforementioned San Marcos Highway and the northeast line of the
253	253	aforementioned 6.702 acre tract, the following nine (9) courses and
254	254	distances,
255	255	N59°29'04"W, a distance of 145.81 feet (Record -
256	256	N59°06"W) to a TxDOT Type I concrete monument found for an interior
257	257	corner of the herein described 297.008 acre tract,
258	258	S29°59'59"W, a distance of 40.00 feet (Record - S30°54"W
259	259	~ 40.00') to a 1/2" iron rod with yellow plastic cap stamped
260	260	"CHAPARRAL" found for a south corner of the herein described
261	261	297.008 acre tract,
262	262	N59°48'32"W, a distance of 499.87 feet (Record - N59°06"W
263	263	~ 500.00) to a 1/2" iron rod with yellow plastic cap stamped
264	264	"CHAPARRAL" found for a west corner of the herein described 297.008
265	265	acre tract,
266	266	N29°56'29"E, a distance of 25.00 feet (Record - N30°54"E
267	267	~ 25.00') to a broken TxDOT Type I concrete monument found for an
268	268	interior corner of the herein described 297.008 acre tract,
269	269	N59°48'38"W, a distance of 800.15 feet (Record - N59°06"W
270	270	~ 800.00) to a point for an interior corner of the herein described
271	271	297.008 acre tract, from which a TxDOT Type I concrete monument
272	272	found bears S07°44'41"W, a distance of 0.62 feet,
273	273	S30°10'51"W, a distance of 35.00 feet (Record - S30°54"W
274	274	~ 35.00') to a point for a south corner of the herein described
275	275	297.008 acre tract, from which a broken TxDOT Type I concrete
276	276	monument found bears S51°34'34"W, a distance of 1.31 feet,
277	277	N59°49'09"W, a distance of 245.20 feet (Record - N59°06"W
278	278	~ 245.20) to a point for a point of curvature of a curve to the left,
279	279	from which a broken TxDOT Type I concrete monument found, bears
280	280	S25°54'37"W, a distance of 1.33 feet,
281	281	an arc length of 514.45 (Record - 510.00') with said
282	282	curve to the left having a radius of 5,779.58 feet, a delta of
283	283	5°06'00" (Record - 5°06'), and a chord which bears N62°22'09"W, a
284	284	distance of 514.28 to a TxDOT Type I concrete monument found for a
285	285	point of tangency, and
286	286	N64°55'09"W, a distance of 45.76 feet (Record - N64°12"W)
287	287	to a 1/2" iron rod found in a northwest line of said 441 acre tract
288	288	for the most northerly north corner of said 6.702 acre tract, the
289	289	south corner of an 86.44 acre tract of land described as "Tract 3"
290	290	and recorded in Volume 523, Page 710, Official Public Records of
291	291	Caldwell County, Texas, and the west corner of the herein described
292	292	297.008 acre tract;
293	293	THENCE: leaving the northeast right-of-way line of the
294	294	aforementioned San Marcos Highway, along a northwest line of the
295	295	aforementioned 411 acre tract and the southeast line of the
296	296	aforementioned 86.44 acre tract, N48°33'10"E, a distance of 695.34
297	297	feet (Record - N48°19'39"E ~ 693.02') to a 1" iron pipe found for the
298	298	northeast corner of said 86.44 acre tract, the south corner of a
299	299	24.34 acre tract of land as described and recorded in Volume 399,
300	300	Page 459, Deed Records of Caldwell County, Texas, and an angle point
301	301	of the herein described 297.008 acre tract;
302	302	THENCE: continuing along a northwest line of the
303	303	aforementioned 441 acre tract, the southeast line of the
304	304	aforementioned 24.34 acre tract, and the southeast line of an
305	305	18.7578 acre tract of land as described and recorded in Volume 458,
306	306	Page 376, Official Public Records of Real Property of Caldwell
307	307	County, Texas, N48°40'45"E, a distance of 1,974.74 feet (Record -
308	308	N50°E) to a 1/2" iron rod found for the northeast corner of said
309	309	18.7578 acre tract, the south corner of a 126.322 acre tract of land
310	310	described as "Tract 2" and recorded in Document Number 2017001147,
311	311	Official Public Records of Caldwell County, Texas, and an angle
312	312	point of the herein described 297.008 acre tract;
313	313	THENCE: continuing along a northwest line of the
314	314	aforementioned 441 acre tract and the southeast line of the
315	315	aforementioned 126.322 acre tract, N48°36'18"E, a distance of
316	316	1,784.11 feet (Record - N48°36'18"E ~ 1,784.10') to a 1/2" iron rod
317	317	found for the northeast corner of said 126.322 acre tract, the south
318	318	corner of a 126.932 acre tract of land described as "Tract 1" and
319	319	recorded in Document Number 2017001147, Official Public Records of
320	320	Caldwell County, Texas, and an angle point of the herein described
321	321	297.008 acre tract;
322	322	THENCE: continuing along a northwest line of the
323	323	aforementioned 441 acre tract and the southeast line of the
324	324	aforementioned 126.932 acre tract, N48°36'06"E, a distance of
325	325	1,781.08 feet (Record - N50°00'00"E ~ 1,781.08') to a 1/2" iron rod
326	326	with yellow plastic cap stamped "CHAPARRAL" found for the northeast
327	327	corner of said 126.932 acre tract, a south corner of a 2,717.59 acre
328	328	tract of land as described and recorded in Document Number
329	329	2020003860, Official Public Records of Caldwell County, Texas, and
330	330	an angle point of the herein described 297.008 acre tract;
331	331	THENCE: continuing along a northwest line of the
332	332	aforementioned 441 acre tract and a southeast line of the
333	333	aforementioned 2,717.59 acre tract, N48°27'27"E, a distance of
334	334	311.34 feet (Record - N48°38'22"E ~ 311.05') to a rock found for the
335	335	north corner of said 411 acre tract, an interior corner of said
336	336	2,717.59 acre tract, and the north corner of the herein described
337	337	297.008 acre tract;
338	338	THENCE: along the northeast line of the aforementioned 441
339	339	acre tract and a southwest line of the aforementioned 2,717.59 acre
340	340	tract, S41°23'14"E, a distance of 2,097.22 feet (Record -
341	341	S41°23'14"E ~ 755 varas (2,097.22')) to a 1/2" iron rod with plastic
342	342	cap stamped "MMES RPLS 6490" found for the most northerly east
343	343	corner of said 411 acre tract, the most westerly north corner of the
344	344	aforementioned 168.42 acre tract, and the east corner of the herein
345	345	described 297.008 acre tract;
346	346	THENCE: along a southeast line of the aforementioned 411 acre
347	347	tract and the northwest line of the aforementioned 168.42 acre
348	348	tract, S48°28'40"W, a distance of 5,763.12 feet (Record - S50°W) to
349	349	the PLACE OF BEGINNING and containing 297.008 acres of land.
350	350	Being an 168.524 acre tract of land lying in the S. B.
351	351	Morrison League, Abstract No. 19, Caldwell County, Texas, said
352	352	168.524 acre tract being the same 168.42 acre tract of land as
353	353	described in a Warranty Deed to Lawson Colwell and Gretchen Ann
354	354	Schmid, as Trustees of the Lawson Colwell Living Trust, dated June
355	355	18, 2007, and recorded in Volume 500, Page 70, Official Public
356	356	Records of Caldwell County, Texas; said 168.524 acre tract being
357	357	more particularly described as follows:
358	358	BEGINNING: at a point found at the intersection of the
359	359	existing northeast right-of-way line of San Marcos Highway -
360	360	Highway 80 (varying width right-of-way) and a southeast line of a
361	361	remaining portion of 441 acre tract of land as described and
362	362	recorded in Volume 90, Page 891, Official Public Records of Real
363	363	Property of Caldwell County, Texas, for a west corner of the herein
364	364	described 168.524 acre tract, from which a 1/2" iron rod with
365	365	plastic cap found bears N48°29'05"E, a distance of 0.73 feet;
366	366	THENCE: leaving the existing northeast right-of-way line of
367	367	the aforementioned San Marcos Highway, along the a southeast line
368	368	of the aforementioned 441 acre tract, N48°28'40"E, a distance of
369	369	5,763.12 feet (Record - N49°32'30"E ~ 1,958.09') feet (Record -
370	370	N49°50'04"E ~ 1,412.78') (Record - N49°42'26"E ~ 2,388.57') to a 1/2"
371	371	iron rod with plastic cap stamped "MMES RPLS 6490" set in a south
372	372	line of a 2,717.59 acre tract of land as described and recorded in
373	373	Document #2020003860, Official Public Records of Caldwell County,
374	374	Texas, for the most westerly north corner of the aforementioned
375	375	168.42 acre tract, the east corner of said 441 acre tract, and the
376	376	most westerly north corner of the herein described 168.524 acre
377	377	tract, from which a rock found for an interior corner of said
378	378	2,717.59 acre tract and the north corner of said 441 acre tract
379	379	bears N41°23'14"W, 2,097.22 feet (Record - N40°W~755 varas
380	380	(2,097.22'));
381	381	THENCE: along a northeast line of the aforementioned 168.42
382	382	acre tract and a southwest line of the aforementioned 2,717.59 acre
383	383	tract, S42°36'01"E, a distance of 55.19 feet (Record - S41°48'14"E ~
384	384	56.85') to a fence corner post found with washer stamped "PROTECH"
385	385	for an interior corner of said 168.42 acre tract, a south corner of
386	386	said 2,717.59 acre tract, and an interior corner of the herein
387	387	described 168.524 acre tract;
388	388	THENCE: along a northwest line of the aforementioned 168.42
389	389	acre, N64°34'26"E, a distance of 13.67 feet (Record - N60°35'24"E ~
390	390	13.82') to a fence corner post found with washer stamped "PROTECH"
391	391	for a north corner of said 168.42 acre tract, the west corner of an
392	392	abandoned roadway, and a north corner of the herein described
393	393	168.524 acre tract;
394	394	THENCE: along a northeast line of the aforementioned 168.42
395	395	acre tract and the southwest line of the aforementioned abandoned
396	396	roadway, S41°38'26"E, a distance of 1,268.41 feet (Record -
397	397	S40°06'26"E ~ 1.265.75') to a 3-inch diameter metal fence corner
398	398	post found, for the northeast corner of said 168.42 acre tract and
399	399	the north corner of 55.29 acre tract of land as described and
400	400	recorded in Volume 415, Page 667, Official Public Records of Real
401	401	Property of Caldwell County, Texas, and the east corner of the
402	402	herein described 168.524 acre tract;
403	403	THENCE: along the southeast line of the aforementioned 168.42
404	404	acre tract, the northwest line of the aforementioned 55.29 acre
405	405	tract, the northwest line of a 18.76 acre "Tract 1" tract of land
406	406	and the northwest line of a 21.44 acre "Tract 2" tract of land as
407	407	described and recorded in Document #2015006288, Official Public
408	408	Records of Caldwell County Texas, the northwest line of a 42.464
409	409	acre tract of land as described and recorded in Volume 3, Page 113,
410	410	Deed Records of Caldwell County, Texas, and the northwest line of a
411	411	16.602 acre tract of land as described and recorded in Document
412	412	#2015002213, Official Public Records of Real Property of Caldwell
413	413	County, Texas the following six (6) courses and distances:
414	414	S48°39'40"W, a distance of 391.45 feet (Record - S49°50'21"W ~
415	415	391.38') to a 2-inch diameter metal fence corner post found for an
416	416	angle point of the herein described 168.524 acre tract,
417	417	S48°24'28"W, a distance of 423.75 feet (Record - S49°45'57"W
418	418	~423.51') to a 2-inch diameter metal fence corner post found for an
419	419	angle point of the herein described 168.524 acre tract,
420	420	S48°23'57"W, a distance of 497.23 feet (Record - S49°49'38"W ~
421	421	497.45') to a 3-inch diameter metal fence corner post found for an
422	422	angle point of the herein described 168.524 acre tract,
423	423	S49°06'01"W, a distance of 632.02 feet (Record - S50°16'45"W ~
424	424	632.36') to a 2-inch diameter metal fence corner post found for an
425	425	angle point of the herein described 168.524 acre tract,
426	426	S49°04'22"W, a distance of 1,071.61 feet (Record - S50°17'34W
427	427	~ 683.86' and S50°31'44"W ~ 401.67') to a point in fence for an angle
428	428	point of the herein described 168.524 acre tract, and
429	429	S48°33'16"W. a distance of 2,363.51 feet (Record - S49°50'56"W
430	430	~ 2,347.82') to a point, lying in the existing northeast
431	431	right-of-way line of the aforementioned San Marcos Highway, for a
432	432	point of curvature of a curve to the left, the south corner of said
433	433	168.42 acre tract, and the south corner of the herein described
434	434	168.524 acre tract, from which a 3/8" iron rod found bears
435	435	N48°33'16"E, 1.63 feet;
436	436	Being an 133.368 acre tract of land lying in the Stephen B.
437	437	Morrison Survey No. 2, Abstract No. 19, Caldwell County, Texas,
438	438	said 133.368 acre tract being a portion of a 441 acre tract of land
439	439	as described in a Deed of Distribution to Herbert Richard Conrads,
440	440	dated May 10, 1993, and recorded in Volume 90, Page 891, Official
441	441	Public Records of Real Property of Caldwell County, Texas; said
442	442	133.368 acre tract being more particularly described as follows:
443	443	BEGINNING: at a 1/2" iron rod with yellow plastic cap stamped
444	444	"FENSTERMAKER 10028501" found at the intersection of the southwest
445	445	right-of-way line of San Marcos Highway - Highway 80 (varying width
446	446	right-of-way) and a southeast line of the aforementioned 441 acre
447	447	tract, for the most easterly south corner of a 6.702 acre tract of
448	448	land, same being the San Marcos Highway right-of-way, to the State
449	449	of Texas, recorded in Volume 144, Page 518, Deed Records of Caldwell
450	450	County, Texas, and the most northerly east corner of the herein
451	451	described 133.368 acre tract;
452	452	THENCE: along a southeast line of the aforementioned 441 acre
453	453	tract, S48°31'55"W (Record - S50°W), passing a point for the north
454	454	corner of a 54.52 acre tract of land as described and recorded in
455	455	Document Number 135033, Official Public Records of Caldwell County,
456	456	Texas, at a distance of 42.06 feet, also passing a 5/8" iron rod
457	457	with aluminum cap (not legible) found for the most northerly west
458	458	corner of said 54.52 acre tract and the north corner of a 40 acre
459	459	tract of land as described and recorded in Volume 275, Page 888,
460	460	Official Public Records of Caldwell County, Texas, at a distance of
461	461	207.11, also passing 1/2" iron rod with yellow cap stamped
462	462	"FENSTERMAKER 10028501" found for reference to the centerline of
463	463	Morrison Creek at a distance of 1,792.94 feet, a total distance of
464	464	1,905.02 feet to a point in the centerline of said Morrison Creek
465	465	and an interior corner of the herein described 133.368 acre tract;
466	466	THENCE: along the centerline of the aforementioned Morrison
467	467	Creek, a northeast line of the aforementioned 441 acre tract, and
468	468	the southwest line of the aforementioned 40 acre tract, the
469	469	following twenty-two (22) courses and distances,
470	470	S00°53'25"W a distance of 21.26 feet to a point for an angle
471	471	point of the herein described 133.368 acre tract,
472	472	S21°04'32"E, a distance of 36.87 feet to a point for an angle
473	473	point of the herein described 133.368 acre tract,
474	474	S17°15'03"E, a distance of 96.31 feet to a point for an angle
475	475	pointr of the herein described 133.368 acre tract,
476	476	S07°41'41"E, a distance of 48.19 feet to a point for an angle
477	477	point of the herein described 133.368 acre tract,
478	478	S04°52'24"W, a distance of 44.12 feet to a point for an angle
479	479	point of the herein described 133.368 acre tract,
480	480	S24°28'00"W, a distance of 50.20 feet to a point for an angle
481	481	point of the herein described 133.368 acre tract,
482	482	S53°10'53"W, a distance of 33.12 feet to a point for an angle
483	483	point of the herein described 133.368 acre tract,
484	484	S64°41'55"W, a distance of 39.10 feet to a point for an angle
485	485	point of the herein described 133.368 acre tract,
486	486	S81°19'50"W, a distance of 30.45 feet to a point for an angle
487	487	point of the herein described 133.368 acre tract,
488	488	S50°22'34"W, a distance of 48.44 feet to a point for an angle
489	489	point of the herein described 133.368 acre tract,
490	490	S64°10'49"W, a distance of 51.50 feet to a point for an angle
491	491	point of the herein described 133.368 acre tract,
492	492	S80°30'20"W, a distance of 83.42 feet to a point for an angle
493	493	point of the herein described 133.368 acre tract,
494	494	S60°40'09"W, a distance of 21.15 feet to a point for an angle
495	495	point of the herein described 133.368 acre tract,
496	496	S03°58'32"E, a distance of 38.09 feet to a point for an angle
497	497	point of the herein described 133.368 acre tract,
498	498	S14°39'02"W, a distance of 41.21 feet to a point for an angle
499	499	point of the herein described 133.368 acre tract,
500	500	S09°39'06"E, a distance of 23.28 feet to a point for an angle
501	501	point of the herein described 133.368 acre tract,
502	502	S26°38'10"E, a distance of 51.18 feet to a point for an angle
503	503	point of the herein described 133.368 acre tract,
504	504	S13°00'17"E, a distance of 83.32 feet to a point for an angle
505	505	point of the herein described 133.368 acre tract,
506	506	S25°51'11"E, a distance of 100.46 feet to a point for an angle
507	507	point of the herein described 133.368 acre tract,
508	508	S36°01'22"E, a distance of 91.17 feet to a point for an angle
509	509	point of the herein described 133.368 acre tract,
510	510	S40°12'01"E, a distance of 113.87 feet to a point for an angle
511	511	point of the herein described 133.368 acre tract, and
512	512	S43°59'42"E, a distance of 196.24 feet to a point for most
513	513	southerly east corner of said 441 acre tract, the south corner of
514	514	said 40 acre tract, the most southerly west corner of the
515	515	aforementioned 54.52 acre tract, the north corner of 2.0 acre tract
516	516	of land as described and recorded in Document Number 2016-003354,
517	517	Official Public Records of Caldwell County, Texas, and the most
518	518	southerly east corner of the herein described 133.368 acre tract;
519	519	THENCE: leaving the centerline of the aforementioned
520	520	Morrison Creek, along a southeast line of the aforementioned 441
521	521	acre tract and the northwest line of the aforementioned 2.0 acre
522	522	tract, S47°51'47"W, passing a 1/2" iron rod with plastic cap stamped
523	523	"MMES RPLS 6490" set for a point of reference of the centerline of
524	524	Morrison Creek at a distance of 20.00 feet, a total distance of
525	525	191.94 feet (Record - S50°W ~ 194.44') to a 3/4" iron rod found in
526	526	the limits of S.E. River Road (variable width right-of-way) for the
527	527	south corner of said 441 acre tract and the south corner of the
528	528	herein described 133.368 acre tract;
529	529	THENCE: along the southwest lines of the aforementioned 441
530	530	acre tract, and within the limits of the aforementioned S.E. River
531	531	Road, the following five (5) courses and distances,
532	532	N69°38'13"W, a distance of 139.15 feet (Record - N67°30"W ~ 60
533	533	varas (166.67')) to a 3/4" iron rod leaning found for an angle point
534	534	of the herein described 133.368 acre tract,
535	535	N85°43'19"W, a distance of 376.67 feet (Record - N84°W ~ 136.5
536	536	varas (379.17')) to a MAG nail with washer stamped "MMES RPLS 6490"
537	537	set for an angle point of the herein described 133.368 acre tract,
538	538	N76°13'19"W, a distance of 1,294.19 feet (Record - N74°30'W ~
539	539	469 varas (1,302.78')) to a 60D nail found for an angle point of the
540	540	herein described 133.368 acre tract,
541	541	N70°01'56"W, a distance of 572.17 feet (Record - N68°30'W ~ 208
542	542	varas (577.16')) to a MAG nail with washer stamped "MMES RPLS 6490"
543	543	set for an angle point of the herein described 133.368 acre tract,
544	544	and
545	545	N41°01'56"W, a distance of 151.30 feet (Record - N39°30'W ~ 55
546	546	varas (152.78')) to a 1/2" iron rod found for the most southerly
547	547	west corner of said 441 acre tract, the south corner of a 1.0466
548	548	acre tract of land described and recorded in Volume 335, Page 922,
549	549	Official Public Records of Caldwell County, Texas, and the most
550	550	southerly west corner of the herein described 133.368 acre tract;
551	551	THENCE: leaving the aforementioned S.E. River Road, along a
552	552	northwest line of the aforementioned 441 acre tract and the
553	553	southwest line of the aforementioned 1.0466 acre tract,
554	554	N49°29'46"E, a distance of 400.02 feet (Record - N50°E) to a 60D nail
555	555	found for the northeast corner of said 1.0466 acre tract and an
556	556	angle point of the herein described 133.368 acre tract;
557	557	THENCE: continuing along a northwest line of the
558	558	aforementioned 441 acre tract, the southeast line of a 0.7904 of an
559	559	acre tract of land described and recorded in Volume 561, Page 583,
560	560	Official Public Records of Caldwell County, Texas, the southeast
561	561	line of a 40 acre tract of land described as "Tract 1 - Tract 5" and
562	562	recorded in Volume 101, Page 433, Official Public Records of
563	563	Caldwell County, Texas, the southeast line of a 1/3 of an acre tract
564	564	of land described and recorded in Volume 277, Page 548, Deed Records
565	565	of Caldwell County, Texas, the southeast line of a 1/3 acre tract of
566	566	land as described and recorded in Volume 277, Page 548, Deed Records
567	567	of Caldwell County, Texas, and the southeast line of a 2.0 acre
568	568	tract of land described and recorded in Volume 92, Page 634, Deed
569	569	Records of Caldwell County, Texas, N49°12'28"E (Record - N50°E),
570	570	passing a 1/2" iron rod with plastic cap stamped "MMES RPLS 6490"
571	571	set for a point of reference of the centerline of Hemphill Creek at
572	572	a distance of 1,786.98 feet, a total distance of 1,813.63 feet to a
573	573	point in the centerline of said Hemphill Creek, for an interior
574	574	corner of said 441 acre tract, the east corner of said 2.0 acre
575	575	tract, and an interior corner of the herein described 133.368 acre
576	576	tract;
577	577	THENCE: along the southwest lines of the aforementioned 441
578	578	acre tract, the northeast line of the aforementioned 2.0 acre
579	579	tract, the northeast lines of the aforementioned 40 acre tract, and
580	580	the centerline of aforementioned Hemphill Creek the following
581	581	fifteen (15) courses and distances,
582	582	N76°05'27"W, a distance of 19.82 feet to a point for an angle
583	583	point of the herein described 133.368 acre tract,
584	584	N85°59'21"W, a distance of 35.03 feet to a point for an angle
585	585	point of the herein described 133.368 acre tract,
586	586	N73°49'55"W, a distance of 27.15 feet to a point for an angle
587	587	point of the herein described 133.368 acre tract,
588	588	N61°01'47"W, a distance of 44.86 feet to a point for an angle
589	589	point of the herein described 133.368 acre tract,
590	590	N44°28'47"W, a distance of 98.19 feet to a point for an angle
591	591	point of the herein described 133.368 acre tract,
592	592	N33°28'48"W, a distance of 42.01 feet to a point for an angle
593	593	point of the herein described 133.368 acre tract,
594	594	N17°36'42"W, a distance of 70.02 feet to a point for an angle
595	595	point of the herein described 133.368 acre tract,
596	596	N00°24'46"E, a distance of 41.36 feet to a point for an angle
597	597	point of the herein described 133.368 acre tract,
598	598	N11°57'46"W, a distance of 70.04 feet to a point for an angle
599	599	point of the herein described 133.368 acre tract,
600	600	N43°00'52"W, a distance of 29.10 feet to a point for an angle
601	601	point of the herein described 133.368 acre tract,
602	602	N87°46'17"W, a distance of 29.31 feet to a point for an angle
603	603	point of the herein described 133.368 acre tract,
604	604	S82°58'32"W, a distance of 34.18 feet to a point for an angle
605	605	point of the herein described 133.368 acre tract,
606	606	S72°52'38"W, a distance of 70.24 feet to a point for an angle
607	607	point of the herein described 133.368 acre tract,
608	608	S80°59'30"W, a distance of 113.36 feet to a point for an angle
609	609	point of the herein described 133.368 acre tract, and
610	610	S89°34'24"W, a distance of 58.00 feet to a point for the south
611	611	corner of a 8.05 acre tract of land as described and recorded in
612	612	Volume 582, Page 205, Official Public Records of Caldwell County,
613	613	Texas, and the most northerly west corner of the herein described
614	614	133.368 acre tract;
615	615	THENCE: leaving the centerline of the aforementioned
616	616	Hemphill Creek, along the southeast line of the aforementioned 8.05
617	617	acre tract, N48°31'37"E (Record - N50°E), passing a 1/2" iron found
618	618	for a reference point to the centerline of said Hemphill Creek at a
619	619	distance of 57.28 feet, a total distance of 1,447.28 feet to a point
620	620	in the south right-of-way line of the aforementioned San Marcos
621	621	Highway for a point of curvature of a curve to the right, the east
622	622	corner of said 8.05 acre tract, and the most northerly north corner
623	623	of the herein described 133.368 acre tract, from which a 1/2" iron
624	624	rod found bears N48°31'37"E, a distance of 0.53 feet;
625	625	THENCE: along the southwest right-of-way line of the
626	626	aforementioned San Marcos Highway, an arc length of 312.50 feet
627	627	with said curve to the right, having a radius of 5,679.58 feet
628	628	(Record - 5,679.58'), a delta angle of 03°09'09", and a chord which
629	629	bears S61°23'44"E, a distance of 312.46 feet to a point for a point
630	630	of tangency of the herein described 133.368 acre tract, from which a
631	631	broken TxDOT Type I concrete monument found, bears N26°54'38"E, a
632	632	distance of 1.34 feet;
633	633	THENCE: continuing along the southwest right-of-way line of
634	634	the aforementioned San Marcos Highway the following six (6) courses
635	635	and distances,
636	636	S59°49'09"E, a distance of 245.09 feet (Record - S59°06'E ~
637	637	245.20') to a point for an east corner of the herein described
638	638	133.368 acre tract, from which a bent 1" iron bar found, bears
639	639	N59°31'55"E, a distance of 1.01 feet,
640	640	S30°13'40"W, a distance of 10.00 feet (Record - S30°54'W ~
641	641	10.00') to a 1/2" iron rod with plastic cap stamped "MMES RPLS 6490"
642	642	set for an interior corner of the herein described 133.368 acre
643	643	tract,
644	644	S59°49'09"E, a distance of 200.12 feet (Record - S59°06'E ~
645	645	200.00') to a point for an east corner of the herein described
646	646	133.368 acre tract, from which a leaning TxDOT Type I concrete
647	647	monument found, bears N45°05'43"E, a distance of 0.86 feet,
648	648	S30°10'51"W, a distance of 30.00 feet (Record - S30°54'W ~
649	649	30.00') to a 1/2" iron rod with plastic cap stamped "MMES RPLS 6490"
650	650	set for an interior corner of the herein described 133.368 acre
651	651	tract,
652	652	S59°48'27"E, a distance of 599.98 feet (Record - S59°06'E ~
653	653	600.00') to a TxDOT Type I concrete monument found for an interior
654	654	corner of the herein described 133.368 acre tract, and
655	655	N30°14'05"E, a distance of 30.00 feet (Record - N30°54'E ~
656	656	30.00') to a point for a north corner of the herein described
657	657	133.368 acre tract, from which a broken TxDOT Type I concrete
658	658	monument found, bears N79°45'24"W, a distance of 1.19 feet;
659	659	THENCE: continuing along the southwest right-of-way line of
660	660	the aforementioned San Marcos Highway, S59°42'51"E, a distance of
661	661	591.16 feet (Record - S59°06'E) to the PLACE OF BEGINNING and
662	662	containing 133.368 acres of land.
663	663	SECTION 3. (a) The legal notice of the intention to
664	664	introduce this Act, setting forth the general substance of this
665	665	Act, has been published as provided by law, and the notice and a
666	666	copy of this Act have been furnished to all persons, agencies,
667	667	officials, or entities to which they are required to be furnished
668	668	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
669	669	Government Code.
670	670	(b) The governor, one of the required recipients, has
671	671	submitted the notice and Act to the Texas Commission on
672	672	Environmental Quality.
673	673	(c) The Texas Commission on Environmental Quality has filed
674	674	its recommendations relating to this Act with the governor, the
675	675	lieutenant governor, and the speaker of the house of
676	676	representatives within the required time.
677	677	(d) All requirements of the constitution and laws of this
678	678	state and the rules and procedures of the legislature with respect
679	679	to the notice, introduction, and passage of this Act are fulfilled
680	680	and accomplished.
681	681	SECTION 4. (a) If this Act does not receive a two-thirds
682	682	vote of all the members elected to each house, Subchapter C, Chapter
683	683	7989A, Special District Local Laws Code, as added by Section 1 of
684	684	this Act, is amended by adding Section 7989A.0308 to read as
685	685	follows:
686	686	Sec. 7989A.0308. NO EMINENT DOMAIN POWER. The district may
687	687	not exercise the power of eminent domain.
688	688	(b) This section is not intended to be an expression of a
689	689	legislative interpretation of the requirements of Section 17(c),
690	690	Article I, Texas Constitution.
691	691	SECTION 5. This Act takes effect immediately if it receives
692	692	a vote of two-thirds of all the members elected to each house, as
693	693	provided by Section 39, Article III, Texas Constitution. If this
694	694	Act does not receive the vote necessary for immediate effect, this
695	695	Act takes effect September 1, 2023.