Texas 2023 - 88th Regular

Texas House Bill HB5389 Compare Versions

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Version 2 (New)

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1	1	H.B. No. 5389
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. 8; 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 8006A to read as follows:
12	12	CHAPTER 8006A. HARRIS-WALLER COUNTIES MUNICIPAL UTILITY DISTRICT
13	13	NO. 8
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8006A.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. 8.
22	22	Sec. 8006A.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. 8006A.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. 8006A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section
31	31	8006A.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	applicable law.
36	36	Sec. 8006A.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. 8006A.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. 8006A.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 8006A.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8006A.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 8006A.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 8006A.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 8006A.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. 8006A.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. 8006A.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. 8006A.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. 8006A.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. 8006A.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. 8006A.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 no outstanding bonded debt; 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. If the voters of
159	159	the new district do not confirm the creation of the new district,
160	160	the assets, obligations, territory, and governance of the new
161	161	district revert to the original district.
162	162	(j) If the creation of the new district is confirmed, the
163	163	new district shall provide the election date and results to the
164	164	commission.
165	165	(k) A new district created by the division of the district
166	166	must hold an election as required by this chapter to obtain voter
167	167	approval before the district may impose a maintenance tax or issue
168	168	bonds payable wholly or partly from ad valorem taxes.
169	169	(l) The district may continue to rely on confirmation,
170	170	directors', bond, or tax elections held prior to the division.
171	171	(m) Municipal consent to the creation of the district and to
172	172	the inclusion of land in the district acts as municipal consent to
173	173	the creation of any new district created by the division of the
174	174	district and to the inclusion of land in the new district.
175	175	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
176	176	Sec. 8006A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
177	177	The district may issue, without an election, bonds and other
178	178	obligations secured by:
179	179	(1) revenue other than ad valorem taxes; or
180	180	(2) contract payments described by Section
181	181	8006A.0403.
182	182	(b) The district must hold an election in the manner
183	183	provided by Chapters 49 and 54, Water Code, to obtain voter approval
184	184	before the district may impose an ad valorem tax or issue bonds
185	185	payable from ad valorem taxes.
186	186	(c) The district may not issue bonds payable from ad valorem
187	187	taxes to finance a road project unless the issuance is approved by a
188	188	vote of a two-thirds majority of the district voters voting at an
189	189	election held for that purpose.
190	190	Sec. 8006A.0402. OPERATION AND MAINTENANCE TAX. (a) If
191	191	authorized at an election held under Section 8006A.0401, the
192	192	district may impose an operation and maintenance tax on taxable
193	193	property in the district in accordance with Section 49.107, Water
194	194	Code.
195	195	(b) The board shall determine the tax rate. The rate may not
196	196	exceed the rate approved at the election.
197	197	Sec. 8006A.0403. CONTRACT TAXES. (a) In accordance with
198	198	Section 49.108, Water Code, the district may impose a tax other than
199	199	an operation and maintenance tax and use the revenue derived from
200	200	the tax to make payments under a contract after the provisions of
201	201	the contract have been approved by a majority of the district voters
202	202	voting at an election held for that purpose.
203	203	(b) A contract approved by the district voters may contain a
204	204	provision stating that the contract may be modified or amended by
205	205	the board without further voter approval.
206	206	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
207	207	Sec. 8006A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
208	208	OBLIGATIONS. The district may issue bonds or other obligations
209	209	payable wholly or partly from ad valorem taxes, impact fees,
210	210	revenue, contract payments, grants, or other district money, or any
211	211	combination of those sources, to pay for any authorized district
212	212	purpose.
213	213	Sec. 8006A.0502. TAXES FOR BONDS. At the time the district
214	214	issues bonds payable wholly or partly from ad valorem taxes, the
215	215	board shall provide for the annual imposition of a continuing
216	216	direct ad valorem tax, without limit as to rate or amount, while all
217	217	or part of the bonds are outstanding as required and in the manner
218	218	provided by Sections 54.601 and 54.602, Water Code.
219	219	Sec. 8006A.0503. BONDS FOR ROAD PROJECTS. At the time of
220	220	issuance, the total principal amount of bonds or other obligations
221	221	issued or incurred to finance road projects and payable from ad
222	222	valorem taxes may not exceed one-fourth of the assessed value of the
223	223	real property in the district.
224	224	SECTION 2. Harris-Waller Counties Municipal Utility
225	225	District No. 8 initially includes all the territory contained in
226	226	the following area:
227	227	Tract 1:
228	228	Being a tract containing 300.183 acres of land located in the J.R.
229	229	Garrett Survey, Abstract Number 378, Waller County, Texas, the J.R.
230	230	Garrett Survey, Abstract Number 1594, Harris County, Texas and the
231	231	W.H. Shaw Survey, Abstract Number 1714, Harris County, Texas. Said
232	232	300.183 acres being a portion of a call 575.411 acre tract of land
233	233	recorded in the name of Kenneth R. Jasek and Joanna H. Jasek in
234	234	Harris County Clerk's File (H.C.C.F.) Number 20070005783. Said
235	235	300.183 acres being more particularly described by metes and bounds
236	236	as follows (bearings are referenced to the Texas Coordinate System
237	237	of 1983, South Central Zone, based on GPS observations):
238	238	COMMENCING at a 1/2 inch iron pipe found at the southwest corner of
239	239	said 575.411 acre tract, the southeast corner of a call 628.479 acre
240	240	tract of land recorded in the name of Malladi Reddy in Volume 1366,
241	241	Page 688 of the O.P.R.W.C., on the north right-of-way (R.O.W.) line
242	242	of F.M. 529 (120-foot wide) and being on the common line between
243	243	said J.R. Garrett Survey, A-378 and the H.&T.C. R.R. Company
244	244	Survey, Section 113, Abstract Number 173, Waller County, Texas;
245	245	THENCE, with said north R.O.W. line, North 87 degrees 59 minutes 59
246	246	seconds East (call South 89 degrees 52 minutes 51 seconds East), a
247	247	distance of 3,905.05 feet to a 5/8 inch capped iron rod stamped "GBI
248	248	Partners" set at the POINT OF BEGINNING of the herein described
249	249	tract;
250	250	THENCE, through and across said 575.411 acre tract, the following
251	251	six (6) courses:
252	252	1) North 01 degree 56 minutes 25 seconds West, a distance of
253	253	1,401.78 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
254	254	set;
255	255	2) South 89 degrees 11 minutes 37 seconds West, a distance of
256	256	1,191.65 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
257	257	set;
258	258	3) North 02 degrees 48 minutes 36 seconds West, a distance of
259	259	1,456.14 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
260	260	set;
261	261	4) North 42 degrees 21 minutes 49 seconds West, a distance of
262	262	717.67 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
263	263	set;
264	264	5) South 88 degrees 18 minutes 44 seconds West, a distance of
265	265	972.41 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
266	266	set;
267	267	6) North 77 degrees 09 minutes 13 seconds West, a distance of
268	268	1,300.48 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
269	269	set on the common line between said 575.411 and 628.479 acre tracts
270	270	and the aforesaid common line between the J.R. Garrett Survey,
271	271	A-378 and the H.&T.C. R.R. Company Survey, Section 113;
272	272	THENCE, with said common lines, North 01 degree 59 minutes 44
273	273	seconds West (call North 00 degrees 07 minutes 20 seconds East), a
274	274	distance of 498.53 feet to a 5/8 inch capped iron rod stamped "GBI
275	275	Partners" set at the southwesterly corner of a call 57.8006 acre
276	276	tract of land recorded in the name of Lawrence A. Jasek, Trustee in
277	277	Volume 508, Page 498 of the Official Public Records of Waller County
278	278	(O.P.R.W.C.);
279	279	THENCE, with the common lines between said 575.411 and 57.8006 acre
280	280	tracts, the following two (2) courses:
281	281	1) North 88 degrees 00 minutes 16 seconds East (call South 89
282	282	degrees 52 minutes 19 seconds East), at 60.00 feet pass a 6 inch
283	283	iron pipe and continuing for a total distance of 2,640.14 feet (call
284	284	2,640.00 feet) to a 1/2 inch iron pipe found at the southeast corner
285	285	of said 57.8006 acre tract;
286	286	2) North 01 degree 59 minutes 55 seconds West, a distance of 953.96
287	287	feet (call North 00 degrees 06 minutes 58 seconds East, a distance
288	288	of 954.04 feet) to a 3/4 inch iron pipe found at the northeast
289	289	corner of said 57.8006 acre tract and being on the southerly line of
290	290	a call 364.14 acre tract of land recorded in the name of Katy
291	291	Prairie Conservancy in Volume 1334, Page 254 of the O.P.R.W.C.,
292	292	from which a 1/2 inch iron pipe found at the common corner of said
293	293	57.8006 acre tract, said 364.14 acre tract and a call 401.115 acre
294	294	tract of land recorded in the name of Charles A. Menke, et al. in
295	295	File Number 1700611 of the O.P.R.W.C., and being the common corner
296	296	of said J.R. Garrett Survey, said H.&T.C. R.R. Company Survey,
297	297	Section 113, the H.&T.C. R.R. Company Survey, Section 117, Abstract
298	298	Number 199, Waller County, Texas and the J.R. Garrett Survey,
299	299	Abstract Number 377, Waller County, Texas bears South 87 degrees 59
300	300	minutes 57 seconds West, a distance of 2,640.09 feet;
301	301	THENCE, with the south lines of said 364.14 acre tract and a call
302	302	503.250 acre tract of land recorded in the name of Xu Qing, LLC in
303	303	H.C.C.F. Number RP-2018-130319, North 87 degrees 52 minutes 17
304	304	seconds East, a distance of 2,644.89 feet (call North 89 degrees 59
305	305	minutes 16 seconds East, a distance of 2,645.05 feet) to a 1/2 inch
306	306	iron pipe found at an interior corner of said 503.250 acre tract and
307	307	being on the terminus of Longenbaugh Road (80-foot wide);
308	308	THENCE, with said terminus and the westerly lines of a call 274.704
309	309	acre tract of land, styled as Parcel 6, recorded in the name of Xu
310	310	Qing, LLC in H.C.C.F. Number RP-2018-130319 and a call 16.478 acre
311	311	tract of land recorded in the name of Roger Earl Haigh and Clifford
312	312	Haigh in H.C.C.F. Number RP-2017-134466, South 01 degree 56 minutes
313	313	29 seconds East (call South 00 degrees 10 minutes 35 seconds West),
314	314	at 39.75 feet pass a 3/4 inch iron rod found at the northwesterly
315	315	corner of said Parcel 6 and continuing for a total distance of
316	316	5,226.16 feet to a 2 inch iron pipe found on the aforesaid north
317	317	R.O.W. line of F.M. 529;
318	318	THENCE, with said north R.O.W. line, South 87 degrees 59 minutes 59
319	319	seconds West (call North 89 degrees 52 minutes 51 seconds West), a
320	320	distance of 150.00 feet to a 3/4 inch capped iron rod stamped
321	321	"CenterPoint Energy" found at the southeast corner of a call 21.34
322	322	acre tract of land recorded in the name of CenterPoint Energy
323	323	Houston Electric, LLC in File Number 2206806 of the O.P.R.W.C.
324	324	THENCE, with the east, north and west lines of said 21.34 acre
325	325	tract, the following four (4) courses:
326	326	1) North 01 degree 56 minutes 25 seconds West, a distance of 971.39
327	327	feet to a 3/4 inch capped iron rod stamped "CenterPoint Energy"
328	328	found;
329	329	2) North 18 degrees 53 minutes 43 seconds West, a distance of 35.13
330	330	feet to a 3/4 inch capped iron rod stamped "CenterPoint Energy"
331	331	found;
332	332	3) South 87 degrees 59 minutes 59 seconds West, a distance of
333	333	914.75 feet to a 3/4 inch capped iron rod stamped "CenterPoint
334	334	Energy" found;
335	335	4) South 01 degree 56 minutes 25 seconds East, a distance of
336	336	1,005.00 feet to a 3/4 inch capped iron rod stamped "CenterPoint
337	337	Energy" found on the said north R.O.W. line of F.M. 529;
338	338	THENCE, with said north R.O.W. line, South 87 degrees 59 minutes 59
339	339	seconds West, a distance of 300.00 feet to the POINT OF BEGINNING
340	340	and containing 300.183 acres of land.
341	341	Tract 2:
342	342	Being a tract containing 57.811 acres of land located in the J.R.
343	343	Garrett Survey, Abstract Number 378, Waller County, Texas. Said
344	344	57.811 acres being a call 57.8006 acre tract of land recorded in the
345	345	name of Lawrence A. Jasek, Trustee in Volume 508, Page 498 of the
346	346	Official Public Records of Waller County (O.P.R.W.C.). Said 57.811
347	347	acres being more particularly described by metes and bounds as
348	348	follows (bearings are referenced to the Texas Coordinate System of
349	349	1983, South Central Zone, based on GPS observations):
350	350	COMMENCING at a 1/2 inch iron pipe found at the southwest corner of
351	351	a call 575.411 acre tract of land recorded in the name of Kenneth R.
352	352	Jasek and Joanna H. Jasek in Harris County Clerk's File (H.C.C.F.)
353	353	Number 20070005783, the southeast corner of a call 628.479 acre
354	354	tract of land recorded in the name of Malladi Reddy in Volume 1366,
355	355	Page 688 of the O.P.R.W.C., on the north right-of-way (R.O.W.) line
356	356	of F.M. 529 (120-foot wide) and being on the common line between
357	357	said J.R. Garrett Survey and the H.&T.C. R.R. Company Survey
358	358	Section 113, Abstract Number 173, Waller County, Texas from which a
359	359	2 inch iron pipe found at the southeast corner of said 575.411 acre
360	360	tract and on the west line of a call 16.478 acre tract of land
361	361	recorded in the name of Roger Earl Haigh and Clifford Haigh in
362	362	H.C.C.F. Number RP-2017-134466 bears North 87 degrees 59 minutes 59
363	363	seconds East, a distance of 5,280.04 feet;
364	364	THENCE, with said common survey line and the common line between
365	365	said 575.411 and 628.479 acre tracts, North 01 degree 59 minutes 44
366	366	seconds West, a distance of 4,266.50 feet to a 5/8 inch capped iron
367	367	rod stamped "GBI Partners" set at the southwest corner of said
368	368	57.8006 acre tract and the POINT OF BEGINNING of the herein
369	369	described tract;
370	370	THENCE, continuing with said common survey line and the common line
371	371	between said 575.411 and 628.479 acre tracts, North 01 degree 59
372	372	minutes 44 seconds West (call North), a distance of 953.71 feet to a
373	373	1/2 inch iron pipe found at the common corner of said 57.8006 acre
374	374	tract, a call 364.14 acre tract of land recorded in the name of Katy
375	375	Prairie Conservancy in Volume 1334, Page 254 of the O.P.R.W.C. and a
376	376	call 401.115 acre tract of land recorded in the name of Charles A.
377	377	Menke, et al. in File Number 1700611 of the O.P.R.W.C., and being at
378	378	the common corner of said J.R. Garrett Survey, said H.&T.C. R.R.
379	379	Company Survey, Section 113, the H.&T.C. R.R. Company Survey,
380	380	Section 117, Abstract Number 199, Waller County, Texas and the J.R.
381	381	Garrett Survey, Abstract Number 377, Waller County, Texas;
382	382	THENCE, with the common line between said 57.8006 and 364.14 acre
383	383	tracts, North 87 degrees 59 minutes 57 seconds East, a distance of
384	384	2,640.09 feet (call East, a distance of 2,640.00 feet) to a 3/4 inch
385	385	iron pipe found at the most northerly northwest corner of aforesaid
386	386	575.411 acre tract and the northeast corner of said 57.8006 acre
387	387	tract;
388	388	THENCE, with the common lines between said 57.8006 acre tract and
389	389	said 575.411 acre tract the following two (2) courses:
390	390	1) South 01 degree 59 minutes 55 seconds East, a distance of 953.96
391	391	feet (call South, a distance of 953.71 feet) to a 1/2 inch iron pipe
392	392	found at an interior corner of said 575.411 acre tract and the
393	393	southeast corner of said 57.8006 acre tract;
394	394	2) South 88 degrees 00 minutes 16 seconds West (call West), at
395	395	2,580.14 feet pass a 6 inch iron pipe found for reference and
396	396	continuing for a total distance of 2,640.14 feet (call 2,640.00
397	397	feet) to the POINT OF BEGINNING and containing 57.811 acres of land.
398	398	Tract 3:
399	399	Being a tract containing 253.905 acres of land located in the J.R.
400	400	Garrett Survey, Abstract Number 378, Waller County, Texas. Said
401	401	253.905 acres being a portion of a call 575.411 acre tract of land
402	402	recorded in the name of Kenneth R. Jasek and Joanna H. Jasek in
403	403	Harris County Clerk's File (H.C.C.F.) Number 20070005783. Said
404	404	253.905 acres being more particularly described by metes and bounds
405	405	as follows (bearings are referenced to the Texas Coordinate System
406	406	of 1983, South Central Zone, based on GPS observations):
407	407	BEGINNING at a 1/2 inch iron pipe found at the southwest corner of
408	408	said 575.411 acre tract, the southeast corner of a call 628.479 acre
409	409	tract of land recorded in the name of Malladi Reddy in Volume 1366,
410	410	Page 688 of the O.P.R.W.C., on the north right-of-way (R.O.W.) line
411	411	of F.M. 529 (120-foot wide) and being on the common line between
412	412	said J.R. Garrett Survey, A-378 and the H.&T.C. R.R. Company
413	413	Survey, Section 113, Abstract Number 173, Waller County, Texas;
414	414	THENCE, with said common survey line and the common line between
415	415	said 575.411 and 628.479 acre tracts, North 01 degree 59 minutes 44
416	416	seconds West (call North 00 degrees 07 minutes 20 seconds East), a
417	417	distance of 3,767.97 feet to a 5/8 inch capped iron rod stamped "GBI
418	418	Partners" set from which a 1/2 inch iron pipe found at the common
419	419	corner of said 628.479 acres, a call 57.8006 acre tract of land
420	420	recorded in the name of Lawrence A. Jasek, Trustee in Volume 508,
421	421	Page 498 of the Official Public Records of Waller County
422	422	(O.P.R.W.C.), a call 364.14 acre tract of land recorded in the name
423	423	of Katy Prairie Conservancy in Volume 1334, Page 254 of the
424	424	O.P.R.W.C. and a call 401.115 acre tract of land recorded in the
425	425	name of Charles A. Menke, et al. in File Number 1700611 of the
426	426	O.P.R.W.C., and being at the common corner of said J.R. Garrett
427	427	Survey, said H.&T.C.R.R. Company Survey, Section 113, the
428	428	H.&T.C.R.R. Company Survey, Section 117, Abstract Number 199,
429	429	Waller County, Texas and the J.R. Garrett Survey, Abstract Number
430	430	377, Waller County, Texas bears North 01 degree 59 minutes 44
431	431	seconds West, a distance of 1,452.24 feet;
432	432	THENCE, through and across said 575.411 acre tract, the following
433	433	six (6) courses:
434	434	1) South 77 degrees 09 minutes 13 seconds East, a distance of
435	435	1,300.48 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
436	436	set;
437	437	2) North 88 degrees 18 minutes 44 seconds East, a distance of
438	438	972.41 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
439	439	set;
440	440	3) South 42 degrees 21 minutes 49 seconds East, a distance of
441	441	717.67 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
442	442	set;
443	443	4) South 02 degrees 48 minutes 36 seconds East, a distance of
444	444	1,456.14 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
445	445	set;
446	446	5) North 89 degrees 11 minutes 37 seconds East, a distance of
447	447	1,191.65 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
448	448	set;
449	449	6) South 01 degree 56 minutes 25 seconds East, a distance of
450	450	1,401.78 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
451	451	set on the aforesaid north R.O.W. line of F.M. 529 from which a 3/4
452	452	inch capped iron rod stamped "CenterPoint Energy" found at the
453	453	southwest corner of a call 21.34 acre tract of land recorded in the
454	454	name of CenterPoint Energy Houston Electric, LLC in File Number
455	455	2206806 of the O.P.R.W.C. bears North 87 degrees 59 minutes 59
456	456	seconds East, a distance of 300.00 feet;
457	457	THENCE, with said north R.O.W. line, South 87 degrees 59 minutes 59
458	458	seconds West (call North 89 degrees 52 minutes 51 seconds West), a
459	459	distance of 3,905.05 feet to the POINT OF BEGINNING and containing
460	460	253.905 acres of land.
461	461	SECTION 3. (a) The legal notice of the intention to
462	462	introduce this Act, setting forth the general substance of this
463	463	Act, has been published as provided by law, and the notice and a
464	464	copy of this Act have been furnished to all persons, agencies,
465	465	officials, or entities to which they are required to be furnished
466	466	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
467	467	Government Code.
468	468	(b) The governor, one of the required recipients, has
469	469	submitted the notice and Act to the Texas Commission on
470	470	Environmental Quality.
471	471	(c) The Texas Commission on Environmental Quality has filed
472	472	its recommendations relating to this Act with the governor, the
473	473	lieutenant governor, and the speaker of the house of
474	474	representatives within the required time.
475	475	(d) All requirements of the constitution and laws of this
476	476	state and the rules and procedures of the legislature with respect
477	477	to the notice, introduction, and passage of this Act are fulfilled
478	478	and accomplished.
479	479	SECTION 4. (a) If this Act does not receive a two-thirds
480	480	vote of all the members elected to each house, Subchapter C, Chapter
481	481	8006A, Special District Local Laws Code, as added by Section 1 of
482	482	this Act, is amended by adding Section 8006A.0307 to read as
483	483	follows:
484	484	Sec. 8006A.0307. NO EMINENT DOMAIN POWER. The district may
485	485	not exercise the power of eminent domain.
486	486	(b) This section is not intended to be an expression of a
487	487	legislative interpretation of the requirements of Section 17(c),
488	488	Article I, Texas Constitution.
489	489	SECTION 5. This Act takes effect immediately if it receives
490	490	a vote of two-thirds of all the members elected to each house, as
491	491	provided by Section 39, Article III, Texas Constitution. If this
492	492	Act does not receive the vote necessary for immediate effect, this
493	493	Act takes effect September 1, 2023.
494	494	______________________________ ______________________________
495	495	President of the Senate Speaker of the House
496	496	I certify that H.B. No. 5389 was passed by the House on May 9,
497	497	2023, by the following vote: Yeas 110, Nays 32, 2 present, not
498	498	voting.
499	499	______________________________
500	500	Chief Clerk of the House
501	501	I certify that H.B. No. 5389 was passed by the Senate on May
502	502	24, 2023, by the following vote: Yeas 28, Nays 3.
503	503	______________________________
504	504	Secretary of the Senate
505	505	APPROVED: _____________________
506	506	Date
507	507	_____________________
508	508	Governor