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Texas House Bill HB5393

Texas 2023 - 88th Regular

Texas House Bill HB5393 Compare Versions

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11 H.B. No. 5393
22
33
44 AN ACT
55 relating to the creation of the Waller County Municipal Utility
66 District No. 55; granting a limited power of eminent domain;
77 providing authority to issue bonds; providing authority to impose
88 assessments, fees, and taxes.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1111 Code, is amended by adding Chapter 8008A to read as follows:
1212 CHAPTER 8008A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 55
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 8008A.0101. DEFINITIONS. In this chapter:
1515 (1) "Board" means the district's board of directors.
1616 (2) "Commission" means the Texas Commission on
1717 Environmental Quality.
1818 (3) "Director" means a board member.
1919 (4) "District" means the Waller County Municipal
2020 Utility District No. 55.
2121 Sec. 8008A.0102. NATURE OF DISTRICT. The district is a
2222 municipal utility district created under Section 59, Article XVI,
2323 Texas Constitution.
2424 Sec. 8008A.0103. CONFIRMATION AND DIRECTOR ELECTION
2525 REQUIRED. The temporary directors shall hold an election to
2626 confirm the creation of the district and to elect five permanent
2727 directors as provided by Section 49.102, Water Code.
2828 Sec. 8008A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
2929 temporary directors may not hold an election under Section
3030 8008A.0103 until each municipality in whose corporate limits or
3131 extraterritorial jurisdiction the district is located has
3232 consented by ordinance or resolution to the creation of the
3333 district and to the inclusion of land in the district as required by
3434 applicable law.
3535 Sec. 8008A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3636 (a) The district is created to serve a public purpose and benefit.
3737 (b) The district is created to accomplish the purposes of:
3838 (1) a municipal utility district as provided by
3939 general law and Section 59, Article XVI, Texas Constitution; and
4040 (2) Section 52, Article III, Texas Constitution, that
4141 relate to the construction, acquisition, improvement, operation,
4242 or maintenance of macadamized, graveled, or paved roads, or
4343 improvements, including storm drainage, in aid of those roads.
4444 Sec. 8008A.0106. INITIAL DISTRICT TERRITORY. (a) The
4545 district is initially composed of the territory described by
4646 Section 2 of the Act enacting this chapter.
4747 (b) The boundaries and field notes contained in Section 2 of
4848 the Act enacting this chapter form a closure. A mistake made in the
4949 field notes or in copying the field notes in the legislative process
5050 does not affect the district's:
5151 (1) organization, existence, or validity;
5252 (2) right to issue any type of bond for the purposes
5353 for which the district is created or to pay the principal of and
5454 interest on a bond;
5555 (3) right to impose a tax; or
5656 (4) legality or operation.
5757 SUBCHAPTER B. BOARD OF DIRECTORS
5858 Sec. 8008A.0201. GOVERNING BODY; TERMS. (a) The district
5959 is governed by a board of five elected directors.
6060 (b) Except as provided by Section 8008A.0202, directors
6161 serve staggered four-year terms.
6262 Sec. 8008A.0202. TEMPORARY DIRECTORS. (a) The temporary
6363 board consists of:
6464 (1) Rick Hale;
6565 (2) Michele Shirley;
6666 (3) Bailey Cuedo;
6767 (4) Carol Cafferty; and
6868 (5) Robert Utter.
6969 (b) Temporary directors serve until the earlier of:
7070 (1) the date permanent directors are elected under
7171 Section 8008A.0103; or
7272 (2) the fourth anniversary of the effective date of
7373 the Act enacting this chapter.
7474 (c) If permanent directors have not been elected under
7575 Section 8008A.0103 and the terms of the temporary directors have
7676 expired, successor temporary directors shall be appointed or
7777 reappointed as provided by Subsection (d) to serve terms that
7878 expire on the earlier of:
7979 (1) the date permanent directors are elected under
8080 Section 8008A.0103; or
8181 (2) the fourth anniversary of the date of the
8282 appointment or reappointment.
8383 (d) If Subsection (c) applies, the owner or owners of a
8484 majority of the assessed value of the real property in the district
8585 may submit a petition to the commission requesting that the
8686 commission appoint as successor temporary directors the five
8787 persons named in the petition. The commission shall appoint as
8888 successor temporary directors the five persons named in the
8989 petition.
9090 SUBCHAPTER C. POWERS AND DUTIES
9191 Sec. 8008A.0301. GENERAL POWERS AND DUTIES. The district
9292 has the powers and duties necessary to accomplish the purposes for
9393 which the district is created.
9494 Sec. 8008A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9595 DUTIES. The district has the powers and duties provided by the
9696 general law of this state, including Chapters 49 and 54, Water Code,
9797 applicable to municipal utility districts created under Section 59,
9898 Article XVI, Texas Constitution.
9999 Sec. 8008A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100100 Section 52, Article III, Texas Constitution, the district may
101101 design, acquire, construct, finance, issue bonds for, improve,
102102 operate, maintain, and convey to this state, a county, or a
103103 municipality for operation and maintenance macadamized, graveled,
104104 or paved roads, or improvements, including storm drainage, in aid
105105 of those roads.
106106 Sec. 8008A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107107 road project must meet all applicable construction standards,
108108 zoning and subdivision requirements, and regulations of each
109109 municipality in whose corporate limits or extraterritorial
110110 jurisdiction the road project is located.
111111 (b) If a road project is not located in the corporate limits
112112 or extraterritorial jurisdiction of a municipality, the road
113113 project must meet all applicable construction standards,
114114 subdivision requirements, and regulations of each county in which
115115 the road project is located.
116116 (c) If the state will maintain and operate the road, the
117117 Texas Transportation Commission must approve the plans and
118118 specifications of the road project.
119119 Sec. 8008A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120120 ORDINANCE OR RESOLUTION. The district shall comply with all
121121 applicable requirements of any ordinance or resolution that is
122122 adopted under Section 54.016 or 54.0165, Water Code, and that
123123 consents to the creation of the district or to the inclusion of land
124124 in the district.
125125 Sec. 8008A.0306. DIVISION OF DISTRICT. (a) The board, on
126126 its own motion or on receipt of a petition signed by the owner or
127127 owners of a majority of the assessed value of the real property in
128128 the district, may adopt an order dividing the district.
129129 (b) An order dividing a district may create one or more new
130130 districts and may provide for the continuation of the district.
131131 (c) An order dividing the district shall:
132132 (1) name any new district;
133133 (2) include the metes and bounds description of the
134134 territory of each of the districts;
135135 (3) appoint temporary directors for any new district;
136136 and
137137 (4) provide for the division of assets and liabilities
138138 between the districts.
139139 (d) The board may adopt an order dividing the district
140140 before or after the date the board holds an election to confirm the
141141 district's creation.
142142 (e) The district may be divided only if the district:
143143 (1) has never issued any bonds; and
144144 (2) is not imposing ad valorem taxes.
145145 (f) A new district created by the division of the district
146146 may not, at the time the new district is created, contain any land
147147 outside the area described by Section 2 of the Act enacting this
148148 chapter.
149149 (g) On or before the 30th day after the date of adoption of
150150 an order dividing the district, the district shall file the order
151151 with the commission and record the order in the real property
152152 records of each county in which the district is located.
153153 (h) This chapter applies to any new district created by the
154154 division of the district, and a new district has all the powers and
155155 duties of the district.
156156 (i) A new district created by the division of the district
157157 shall hold a confirmation and directors' election.
158158 (j) If the creation of the new district is confirmed, the
159159 new district shall provide the election date and results to the
160160 commission.
161161 (k) A new district created by the division of the district
162162 must hold an election as required by this chapter to obtain voter
163163 approval before the district may impose a maintenance tax or issue
164164 bonds payable wholly or partly from ad valorem taxes.
165165 (l) The district may continue to rely on confirmation,
166166 directors', bond, or tax elections held prior to the division.
167167 (m) Municipal consent to the creation of the district and to
168168 the inclusion of land in the district acts as municipal consent to
169169 the creation of any new district created by the division of the
170170 district and to the inclusion of land in the new district.
171171 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
172172 Sec. 8008A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
173173 The district may issue, without an election, bonds and other
174174 obligations secured by:
175175 (1) revenue other than ad valorem taxes; or
176176 (2) contract payments described by Section
177177 8008A.0403.
178178 (b) The district must hold an election in the manner
179179 provided by Chapters 49 and 54, Water Code, to obtain voter approval
180180 before the district may impose an ad valorem tax or issue bonds
181181 payable from ad valorem taxes.
182182 (c) The district may not issue bonds payable from ad valorem
183183 taxes to finance a road project unless the issuance is approved by a
184184 vote of a two-thirds majority of the district voters voting at an
185185 election held for that purpose.
186186 Sec. 8008A.0402. OPERATION AND MAINTENANCE TAX. (a) If
187187 authorized at an election held under Section 8008A.0401, the
188188 district may impose an operation and maintenance tax on taxable
189189 property in the district in accordance with Section 49.107, Water
190190 Code.
191191 (b) The board shall determine the tax rate. The rate may not
192192 exceed the rate approved at the election.
193193 Sec. 8008A.0403. CONTRACT TAXES. (a) In accordance with
194194 Section 49.108, Water Code, the district may impose a tax other than
195195 an operation and maintenance tax and use the revenue derived from
196196 the tax to make payments under a contract after the provisions of
197197 the contract have been approved by a majority of the district voters
198198 voting at an election held for that purpose.
199199 (b) A contract approved by the district voters may contain a
200200 provision stating that the contract may be modified or amended by
201201 the board without further voter approval.
202202 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203203 Sec. 8008A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
204204 OBLIGATIONS. The district may issue bonds or other obligations
205205 payable wholly or partly from ad valorem taxes, impact fees,
206206 revenue, contract payments, grants, or other district money, or any
207207 combination of those sources, to pay for any authorized district
208208 purpose.
209209 Sec. 8008A.0502. TAXES FOR BONDS. At the time the district
210210 issues bonds payable wholly or partly from ad valorem taxes, the
211211 board shall provide for the annual imposition of a continuing
212212 direct ad valorem tax, without limit as to rate or amount, while all
213213 or part of the bonds are outstanding as required and in the manner
214214 provided by Sections 54.601 and 54.602, Water Code.
215215 Sec. 8008A.0503. BONDS FOR ROAD PROJECTS. At the time of
216216 issuance, the total principal amount of bonds or other obligations
217217 issued or incurred to finance road projects and payable from ad
218218 valorem taxes may not exceed one-fourth of the assessed value of the
219219 real property in the district.
220220 SECTION 2. The Waller County Municipal Utility District
221221 No. 55 initially includes all the territory contained in the
222222 following area:
223223 TRACT I:
224224 A METES & BOUNDS description of a 1,009.43 acre tract of land
225225 in the H. & T. C. Railroad Company Survey Section 123, Abstract 202,
226226 Waller County, Texas, and the T. S. Reese Survey, Abstract 332,
227227 Waller County, Texas, being comprised of portions of that certain
228228 called 484.16 acre tract recorded under County Clerk's File Number
229229 2111635, Official Public Records, Waller County, Texas, portions of
230230 that certain called 320 acre tract, called 195.506 acre tract, and
231231 called 11.98 acre tract recorded under County Clerk's File Number
232232 2211947, Official Public Records, Waller County, Texas, with all
233233 bearings based upon the Texas Coordinate System of 1983, South
234234 Central Zone, based upon GPS observations.
235235 Commencing at a point in the intersection of Morton Road and
236236 Bartlett Road for the northeast corner of said H. & T. C. Railroad
237237 Company Surveying Section 123, Abstract 202, same being the
238238 southeast corner of the adjoining T. S. Reese Survey, Abstract 333,
239239 and the northwest corner of the adjoining Fred Eule Survey,
240240 Abstract 376, being the northwest corner of an adjoining called
241241 81.8452 acre tract recorded in Volume 1012, Page 543, Official
242242 Records, Waller County, Texas;
243243 Thence South 02 degrees 06 minutes 07 seconds East along the
244244 east line of said Section 123, same being the west line of said
245245 adjoining Fred Eule Survey, Abstract 376, and the west line of said
246246 adjoining called 81.8452 acre tract, as located in Bartlett Road,
247247 1,981.19 feet to a point for the lower northeast corner of said
248248 called 484.16 acre tract, for the lower northeast corner and Place
249249 of Beginning of the herein described tract, said point being the
250250 southeast corner of an adjoining called 10.00 acre tract recorded
251251 under County Clerk's File Number 1809163, Official Public Records,
252252 Waller County, Texas;
253253 Thence South 02 degrees 06 minutes 07 seconds East along the
254254 east line of the herein described tract and the east line of said
255255 called 484.16 acre tract, same being the west line of said adjoining
256256 Fred Eule Survey, Abstract 376 and said adjoining called 81.8452
257257 acre tract, as located in Bartlett Road, at 477.77 feet pass a the
258258 southwest corner of said adjoining called 81.8452 acre tract, same
259259 being the northwest corner of the adjoining residue of a called
260260 40.8759 acre tract recorded in Volume 995, Page 449, Official
261261 Records, Waller County, Texas, at 1,193.40 feet pass the southwest
262262 corner of said adjoining residue of a called 40.8759 acre tract and
263263 the southwest corner of said adjoining Fred Eule Survey, Abstract
264264 376, same being the northwest corner of the adjoining W. I.
265265 Williamson Survey, Abstract 396, and the northwest corner of an
266266 adjoining called 10.2190 acre tract recorded under County Clerk's
267267 File Number 1600639, Official Public Records, Waller County, Texas,
268268 at 1,431.59 feet pass the southwest corner of said adjoining called
269269 10.2190 acre tract, same being the northwest corner of an adjoining
270270 called 80.02 acre tract recorded under County Clerk's File Number
271271 1501213, Official Public Records, Waller County, Texas, and
272272 continuing for a total distance of 3,298.28 feet to the southeast
273273 corner of the herein described tract, the southeast corner of said
274274 called 484.16 acre tract, and the southeast corner of said Section
275275 123, same being the southwest corner of said adjoining W. I.
276276 Williamson Survey, Abstract 396 and said adjoining called 80.02
277277 acre tract, the northwest corner of the adjoining H. & T. C.
278278 Railroad Company Survey Section 125, Abstract 203, being the
279279 northwest corner of an adjoining called 160.37 acre tract recorded
280280 in Volume 1384, Page 805, Official Records, Waller County, Texas,
281281 and the northeast corner of the adjoining T. S. Reese Survey,
282282 Abstract 334, being the northeast corner of an adjoining called 454
283283 acre tract recorded in Volume 553, Page 96, Official Records,
284284 Waller County, Texas;
285285 Thence South 87 degrees 54 minutes 48 seconds West along the
286286 south line of the herein described tract, the south line of said
287287 called 484.16 acre tract, and the south line of said Section 123,
288288 same being the north line of said adjoining T. S. Reese Survey,
289289 Abstract 334, and said adjoining called 454 acre tract, 5,298.21
290290 feet to the southwest corner of said called 484.16 acre tract, and
291291 the southwest corner of said Section 123, same being the northwest
292292 corner of said adjoining T. S. Reese Survey, Abstract 334, and said
293293 adjoining called 454 acre tract, the northeast corner of the
294294 adjoining H. & T. C. Railroad Company Survey Section 108, Abstract
295295 295, being the northeast corner of an adjoining called 11.5164 acre
296296 tract recorded under County Clerk's File Number 1908706, Official
297297 Public Records, Waller County, Texas, and the southeast corner of
298298 said T. S. Reese Survey, Abstract 332, being the southeast corner of
299299 said called 195.506 acre tract;
300300 Thence South 87 degrees 56 minutes 46 seconds West along the
301301 south line of the herein described tract, the south line of said
302302 called 195.506 acre tract, the south line of said called 320 acre
303303 tract, and the south line of said T. S. Reese Survey, Abstract 332,
304304 same being the north line of said adjoining H. & T. C. Railroad
305305 Company Survey Section 108, Abstract 295, the north line of said
306306 adjoining called 11.5164 acre tract, the north line of the
307307 adjoining Remington Trails Section Three, according to map or plat
308308 thereof recorded in Volume 658, Page. 396, Official Records, Waller
309309 County, Texas, and the north line of the adjoining Remington Trails
310310 Section Four, according to map or plat thereof recorded in Volume
311311 658, Page 398, Official Records, Waller County, Texas, 5,206.89
312312 feet to a point for the southwest corner of the herein described
313313 tract, being in the east right-of-way line of F. M. Highway 2855
314314 (103-feet wide this location);
315315 Thence North 02 degrees 07 minutes 07 seconds West along the
316316 east right-of-way line of F. M. Highway 2855, 4,718.43 feet to an
317317 angle point;
318318 Thence North 04 degrees 26 minutes 29 seconds West continuing
319319 along the east right-of-way line of F. M. Highway 2855, 529.56 feet
320320 to a point for the northwest corner of the herein described tract,
321321 being at the intersection of the east right-of-way line of F. M.
322322 Highway 2855 and the south right-of-way line of Morton Road (width
323323 varies);
324324 Thence North 87 degrees 55 minutes 39 seconds East generally
325325 along the approximate south right-of-way line of Morton Road,
326326 969.07 feet to a point for corner;
327327 Thence South 02 degrees 09 minutes 00 seconds East, 586.03
328328 feet to a point for corner;
329329 Thence North 88 degrees 02 minutes 55 seconds East, 365.38
330330 feet to a point for corner;
331331 Thence North 01 degree 55 minutes 52 seconds West, 586.82
332332 feet to a point for corner;
333333 Thence North 87 degrees 55 minutes 31 seconds East generally
334334 along the approximate south right-of-way line of Morton Road,
335335 1,261.15 feet to a point for the most westerly northeast corner of
336336 the herein described tract, being in the east line of said called
337337 320 acre tract, same being the west line of an adjoining called 120
338338 acre tract recorded under County Clerk's File Number 2211948,
339339 Official Public Records, Waller County, Texas;
340340 Thence along the common line of the herein described tract
341341 and said adjoining called 120 acre tract with the following courses
342342 and distances:
343343 South 02 degrees 06 minutes 39 seconds East, 2,610.83
344344 feet;
345345 North 87 degrees 53 minutes 27 seconds East, 1,343.38
346346 feet;
347347 North 02 degrees 26 minutes 26 seconds West, 408.72
348348 feet;
349349 North 02 degrees 35 minutes 36 seconds West, 909.75
350350 feet;
351351 North 87 degrees 53 minutes 20 seconds East, 1,304.79
352352 feet to a point for a reentry corner to the herein described tract,
353353 being in the east line of said T. S. Reese Survey, Abstract 332,
354354 same being the west line of said H. & T. C. Railroad Company Survey
355355 Section 123, Abstract 202;
356356 Thence North 02 degrees 00 minutes 38 seconds West along the
357357 east line of said T. S. Reese Survey, Abstract 332, same being the
358358 west line of said H. & T. C. Railroad Company Survey Section 123,
359359 Abstract 202, as located in an extension of Schlipf Road, 1,131.15
360360 feet to a point for corner;
361361 Thence North 88 degrees 03 minutes 18 seconds East along the
362362 north line of said called 11.98 acre tract, same being the south
363363 line of an adjoining called 1.360 acre tract recorded in Volume 388,
364364 Page 517, Deed Records, Waller County, Texas, 395.12 feet to the
365365 northeast corner of said called 11.98 acre tract, being in the west
366366 line of an adjoining called 4.6202 acre tract recorded in Volume
367367 388, Page 522, Deed Records, Waller County, Texas;
368368 Thence South 02 degrees 09 minutes 53 seconds East along the
369369 common line of said called 11.98 acre tract and said adjoining
370370 called 4.6202 acre tract, 238.37 feet to the southwest corner of
371371 said adjoining called 4.6202 acre tract;
372372 Thence North 87 degrees 56 minutes 16 seconds East along the
373373 common line of the herein described tract and said adjoining called
374374 4.6202 acre tract, 505.12 feet to the southeast corner of said
375375 adjoining called 4.6202 acre tract;
376376 Thence North 02 degrees 03 minutes 34 seconds West continuing
377377 along said common line, 400.21 feet to a point on said line at its
378378 intersection with the south right-of-way line of Morton Road for
379379 corner;
380380 Thence North 87 degrees 57 minutes 01 second East along the
381381 south right-of-way line of Morton Road, 956.64 feet to a point for
382382 corner, being in the west line of the adjoining residue of a called
383383 618 acre tract recorded in Volume 384, Page 846, Deed Records,
384384 Waller County, Texas;
385385 Thence along the common line of the herein described tract
386386 and said adjoining residue of a called 618 acre tract with the
387387 following courses and distances:
388388 South 01 degree 11 minutes 27 seconds East, 1,761.82
389389 feet;
390390 South 89 degrees 58 minutes 42 seconds East, 368.50
391391 feet;
392392 South 01 degree 11 minutes 27 seconds East, 91.37 feet;
393393 South 84 degrees 09 minutes 03 seconds East, 801.87
394394 feet;
395395 North 70 degrees 19 minutes 33 seconds East, 458.35
396396 feet;
397397 North 02 degrees 04 minutes 53 seconds West, 897.90
398398 feet;
399399 South 84 degrees 52 minutes 14 seconds East, 1,164.32
400400 feet to a point for corner, said point being in the west line of an
401401 adjoining called 4.9366 acre tract recorded in Volume 1434, Page
402402 650, Official Records, Waller County, Texas;
403403 Thence South 01 degree 58 minutes 26 seconds East along an
404404 easterly line of the herein described tract, same being the west
405405 line of said adjoining called 4.9366 acre tract, 203.39 feet to the
406406 southwest corner of said adjoining called 4.9366 acre tract;
407407 Thence North 88 degrees 00 minutes 41 seconds East along the
408408 south line of said adjoining called 4.9366 acre tract, 12.83 feet to
409409 the northwest corner of the aforementioned adjoining called 10.00
410410 acre tract;
411411 Thence South 02 degrees 06 minutes 07 seconds East along the
412412 common line of the herein described tract and said adjoining called
413413 10.00 acre tract, 660.00 feet to the southwest corner of said
414414 adjoining called 10.00 acre tract;
415415 Thence North 87 degrees 59 minutes 52 seconds East continuing
416416 along said common line, 694.99 feet to the Place of Beginning and
417417 containing 1,009.43 acres of land,
418418 SAVE & EXCEPT the following tract:
419419 A 10.30 acre tract of land in the H. & T. C. Railroad Company
420420 Survey Section 123, Abstract 202, Waller County, Texas, being that
421421 certain called 10.302 acre tract recorded in Volume 667, Page 566,
422422 Deed Records, Waller County, Texas, with all bearing based on the
423423 Texas Coordinate System of 1983, South Central Zone, based upon GPS
424424 observations.
425425 Commencing at the above-described southwest corner of the
426426 aforementioned called 484.16 acre tract, and the southwest corner
427427 of said Section 123, same being the northwest corner of the
428428 adjoining T. S. Reese Survey, Abstract 334, and the aforementioned
429429 adjoining called 454 acre tract, the northeast corner of the
430430 adjoining H. & T. C. Railroad Company Survey Section 108, Abstract
431431 295, being the northeast corner of the aforementioned adjoining
432432 called 11.5164 acre tract, and the southeast corner of said T. S.
433433 Reese Survey, Abstract 332, being the southeast corner of the
434434 aforementioned called 195.506 acre tract;
435435 Thence North 02 degrees 00 minutes 38 seconds West along the
436436 west line of said called 484.16 acre tract, and the west line of
437437 said Section 123, same being the east line of said T. S. Reese
438438 Survey, Abstract 332, and the east line of said called 195.506 acre
439439 tract, as located in and along an apparent extension of Schlipf
440440 Road, 1,465.60 feet to a point on said line;
441441 Thence North 87 degrees 59 minutes 23 seconds East departing
442442 said line, 25.00 feet to the southwest corner of the aforementioned
443443 called 10.302 acre tract for the southwest corner and Place of
444444 Beginning of the herein described 10.30 acre Save & Except tract;
445445 Thence North 87 degrees 59 minutes 23 seconds East along the
446446 south line of said called 10.302 acre tract, 660.00 feet to the
447447 southeast corner of said called 10.302 acre tract;
448448 Thence North 05 degrees 15 minutes 05 seconds West along the
449449 east line of said adjoining called 10.302 acre tract, 560.66 feet to
450450 an angle point;
451451 Thence North 18 degrees 08 minutes 16 seconds West continuing
452452 along said line, 151.08 feet to the northeast corner of said called
453453 10.302 acre tract;
454454 Thence South 88 degrees 00 minutes 36 seconds West along the
455455 north line of said called 10.302 acre tract, 586.34 feet to the
456456 northwest corner of said called 10.302 acre tract;
457457 Thence South 02 degrees 00 minutes 38 seconds East along the
458458 west line of said called 10.302 acre tract, 705.10 feet to the Place
459459 of Beginning and containing 10.30 acres of land, for a net acreage
460460 of 999.13 acres of land, more or less.
461461 TRACT II:
462462 A METES & BOUNDS description of a 130.64 acre tract of land in
463463 the H. & T. C. Railroad Company Survey Section 109, Abstract 171,
464464 Waller County, Texas, being that certain called 130.647 acre tract
465465 recorded under County Clerk's File Number 2110116, Official Public
466466 Records, Waller County, Texas, with all bearings based upon the
467467 Texas Coordinate System of 1983, South Central Zone, based upon GPS
468468 observations.
469469 Beginning at the southwest corner of said called 130.647 acre
470470 tract, being at the intersection of the north right-of-way line of
471471 Morton Road and the east right-of-way line of F. M. Highway 2855,
472472 for the southwest corner and Place of Beginning of the herein
473473 described tract;
474474 Thence North 02 degrees 00 minutes 01 second West along the
475475 west line of said called 130.647 acre tract, same being the east
476476 right-of-way line of F. M. Highway 2855, 2,620.88 feet to the
477477 northwest corner of said called 130.647 acre tract, same being the
478478 southwest corner of an adjoining called 217.545 acre tract recorded
479479 under County Clerk's File Number 1909653, Official Public Records,
480480 Waller County, Texas;
481481 Thence North 88 degrees 00 minutes 31 seconds East along the
482482 upper north line of said called 130.647 acre tract, same being the
483483 south line of said adjoining called 217.5458 tract, 1,688.80 feet
484484 to the northwest corner of an adjoining called 25.00 acre tract
485485 recorded in Volume 1301, Page 590, Official Public Records, Waller
486486 County, Texas;
487487 Thence South 01 degree 59 minutes 35 seconds East along the
488488 west line of said adjoining called 25.00 acre tract, 1,210.00 feet
489489 to the southwest corner of said adjoining called 25.00 acre tract;
490490 Thence North 88 degrees 02 minutes 06 seconds East along the
491491 south line of said adjoining called 25.00 acre tract, 900.03 feet to
492492 the southeast corner of said adjoining called 25.00 acre tract,
493493 being in the west line of an adjoining called 58.96 acre tract
494494 recorded under County Clerk's File Number 1909457, Official Public
495495 Records, Waller County, Texas;
496496 Thence South 02 degrees 00 minutes 07 seconds East along the
497497 west line of said adjoining called 58.96 acre tract, 1,406.71 feet
498498 to the southwest corner of said adjoining called 58.96 acre tract,
499499 same being the southeast corner of said called 130.647 acre tract,
500500 and being in the north right-of-way line of Morton Road;
501501 Thence South 87 degrees 55 minutes 32 seconds West along the
502502 north right-of-way line of Morton Road, 2,588.72 feet to the Place
503503 of Beginning and containing 130.64 acres of land, more or less.
504504 SECTION 3. (a) The legal notice of the intention to
505505 introduce this Act, setting forth the general substance of this
506506 Act, has been published as provided by law, and the notice and a
507507 copy of this Act have been furnished to all persons, agencies,
508508 officials, or entities to which they are required to be furnished
509509 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
510510 Government Code.
511511 (b) The governor, one of the required recipients, has
512512 submitted the notice and Act to the Texas Commission on
513513 Environmental Quality.
514514 (c) The Texas Commission on Environmental Quality has filed
515515 its recommendations relating to this Act with the governor, the
516516 lieutenant governor, and the speaker of the house of
517517 representatives within the required time.
518518 (d) All requirements of the constitution and laws of this
519519 state and the rules and procedures of the legislature with respect
520520 to the notice, introduction, and passage of this Act are fulfilled
521521 and accomplished.
522522 SECTION 4. (a) If this Act does not receive a two-thirds
523523 vote of all the members elected to each house, Subchapter C, Chapter
524524 8008A, Special District Local Laws Code, as added by Section 1 of
525525 this Act, is amended by adding Section 8008A.0307 to read as
526526 follows:
527527 Sec. 8008A.0307. NO EMINENT DOMAIN POWER. The district may
528528 not exercise the power of eminent domain.
529529 (b) This section is not intended to be an expression of a
530530 legislative interpretation of the requirements of Section 17(c),
531531 Article I, Texas Constitution.
532532 SECTION 5. This Act takes effect immediately if it receives
533533 a vote of two-thirds of all the members elected to each house, as
534534 provided by Section 39, Article III, Texas Constitution. If this
535535 Act does not receive the vote necessary for immediate effect, this
536536 Act takes effect September 1, 2023.
537537 ______________________________ ______________________________
538538 President of the Senate Speaker of the House
539539 I certify that H.B. No. 5393 was passed by the House on May 9,
540540 2023, by the following vote: Yeas 108, Nays 34, 2 present, not
541541 voting.
542542 ______________________________
543543 Chief Clerk of the House
544544 I certify that H.B. No. 5393 was passed by the Senate on May
545545 21, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not
546546 voting.
547547 ______________________________
548548 Secretary of the Senate
549549 APPROVED: _____________________
550550 Date
551551 _____________________
552552 Governor