Texas 2023 - 88th Regular

Texas House Bill HB5395 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 5395
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Fort Bend County Water Control and
6	6	Improvement District No. 11; granting a limited power of eminent
7	7	domain; providing authority to issue bonds; providing authority to
8	8	impose assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle I, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 9064 to read as follows:
12	12	CHAPTER 9064. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT
13	13	DISTRICT NO. 11
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 9064.0101. 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 Fort Bend County Water
21	21	Control and Improvement District No. 11.
22	22	Sec. 9064.0102. NATURE OF DISTRICT. The district is a water
23	23	control and improvement district created under Section 59, Article
24	24	XVI, Texas Constitution.
25	25	Sec. 9064.0103. 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. 9064.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section
31	31	9064.0103 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. 9064.0105. 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 water control and improvement district as
40	40	provided by general law and Section 59, Article XVI, Texas
41	41	Constitution, with respect to the gathering, conducting,
42	42	diverting, and control of local storm water or other harmful
43	43	excesses of water; and
44	44	(2) Section 52, Article III, Texas Constitution, that
45	45	relate to the construction, acquisition, improvement, operation,
46	46	or maintenance of macadamized, graveled, or paved roads, or
47	47	improvements, including storm drainage, in aid of those roads.
48	48	Sec. 9064.0106. INITIAL DISTRICT TERRITORY. (a) The
49	49	district is initially composed of the territory described by
50	50	Section 2 of the Act enacting this chapter.
51	51	(b) The boundaries and field notes contained in Section 2 of
52	52	the Act enacting this chapter form a closure. A mistake made in the
53	53	field notes or in copying the field notes in the legislative process
54	54	does not affect the district's:
55	55	(1) organization, existence, or validity;
56	56	(2) right to issue any type of bond for the purposes
57	57	for which the district is created or to pay the principal of and
58	58	interest on a bond;
59	59	(3) right to impose a tax; or
60	60	(4) legality or operation.
61	61	SUBCHAPTER B. BOARD OF DIRECTORS
62	62	Sec. 9064.0201. GOVERNING BODY; TERMS. (a) The district is
63	63	governed by a board of five elected directors.
64	64	(b) Except as provided by Section 9064.0202, directors
65	65	serve staggered four-year terms.
66	66	Sec. 9064.0202. TEMPORARY DIRECTORS. (a) On or after the
67	67	effective date of the Act enacting this chapter, the owner or owners
68	68	of a majority of the assessed value of the real property in the
69	69	district may submit a petition to the commission requesting that
70	70	the commission appoint as temporary directors the five persons
71	71	named in the petition. The commission shall appoint as temporary
72	72	directors the five persons named in the petition.
73	73	(b) Temporary directors serve until the earlier of:
74	74	(1) the date permanent directors are elected under
75	75	Section 9064.0103; or
76	76	(2) the fourth anniversary of the effective date of
77	77	the Act enacting this chapter.
78	78	(c) If permanent directors have not been elected under
79	79	Section 9064.0103 and the terms of the temporary directors have
80	80	expired, successor temporary directors shall be appointed or
81	81	reappointed as provided by Subsection (d) to serve terms that
82	82	expire on the earlier of:
83	83	(1) the date permanent directors are elected under
84	84	Section 9064.0103; or
85	85	(2) the fourth anniversary of the date of the
86	86	appointment or reappointment.
87	87	(d) If Subsection (c) applies, the owner or owners of a
88	88	majority of the assessed value of the real property in the district
89	89	may submit a petition to the commission requesting that the
90	90	commission appoint as successor temporary directors the five
91	91	persons named in the petition. The commission shall appoint as
92	92	successor temporary directors the five persons named in the
93	93	petition.
94	94	SUBCHAPTER C. POWERS AND DUTIES
95	95	Sec. 9064.0301. GENERAL POWERS AND DUTIES. The district
96	96	has the powers and duties necessary to accomplish the purposes for
97	97	which the district is created.
98	98	Sec. 9064.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
99	99	POWERS AND DUTIES. (a) The district has the powers and duties
100	100	provided by the general law of this state applicable to water
101	101	control and improvement districts created under Section 59, Article
102	102	XVI, Texas Constitution, including Chapters 49 and 51, Water Code,
103	103	and specifically including the powers and duties authorized under
104	104	Subchapter H, Chapter 51, Water Code.
105	105	(b) Notwithstanding any other law, the district may not
106	106	construct, finance, own, or operate facilities necessary to provide
107	107	water or sanitary sewer services.
108	108	Sec. 9064.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
109	109	52, Article III, Texas Constitution, the district may design,
110	110	acquire, construct, finance, issue bonds for, improve, operate,
111	111	maintain, and convey to this state, a county, or a municipality for
112	112	operation and maintenance macadamized, graveled, or paved roads, or
113	113	improvements, including storm drainage, in aid of those roads.
114	114	Sec. 9064.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
115	115	road project must meet all applicable construction standards,
116	116	zoning and subdivision requirements, and regulations of each
117	117	municipality in whose corporate limits or extraterritorial
118	118	jurisdiction the road project is located.
119	119	(b) If a road project is not located in the corporate limits
120	120	or extraterritorial jurisdiction of a municipality, the road
121	121	project must meet all applicable construction standards,
122	122	subdivision requirements, and regulations of each county in which
123	123	the road project is located.
124	124	(c) If the state will maintain and operate the road, the
125	125	Texas Transportation Commission must approve the plans and
126	126	specifications of the road project.
127	127	Sec. 9064.0305. COMPLIANCE WITH MUNICIPAL CONSENT
128	128	ORDINANCE OR RESOLUTION. The district shall comply with all
129	129	applicable requirements of any ordinance or resolution that is
130	130	adopted under Section 42.042 or 42.0425, Local Government Code, and
131	131	consents to the creation of the district or to the inclusion of land
132	132	in the district.
133	133	Sec. 9064.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
134	134	district may not exercise the power of eminent domain outside the
135	135	district boundaries to acquire a site or easement for:
136	136	(1) a road project authorized by Section 9064.0303; or
137	137	(2) a recreational facility as defined by Section
138	138	49.462, Water Code.
139	139	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
140	140	Sec. 9064.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
141	141	The district may issue, without an election, bonds and other
142	142	obligations secured by:
143	143	(1) revenue other than ad valorem taxes; or
144	144	(2) contract payments described by Section 9064.0403.
145	145	(b) The district must hold an election in the manner
146	146	provided by Chapters 49 and 51, Water Code, to obtain voter approval
147	147	before the district may impose an ad valorem tax or issue bonds
148	148	payable from ad valorem taxes.
149	149	(c) The district may not issue bonds payable from ad valorem
150	150	taxes to finance a road project unless the issuance is approved by a
151	151	vote of a two-thirds majority of the district voters voting at an
152	152	election held for that purpose.
153	153	Sec. 9064.0402. OPERATION AND MAINTENANCE TAX. (a) If
154	154	authorized at an election held under Section 9064.0401, the
155	155	district may impose an operation and maintenance tax on taxable
156	156	property in the district in accordance with Section 49.107, Water
157	157	Code.
158	158	(b) The board shall determine the tax rate. The rate may not
159	159	exceed the rate approved at the election.
160	160	Sec. 9064.0403. CONTRACT TAXES. (a) In accordance with
161	161	Section 49.108, Water Code, the district may impose a tax other than
162	162	an operation and maintenance tax and use the revenue derived from
163	163	the tax to make payments under a contract after the provisions of
164	164	the contract have been approved by a majority of the district voters
165	165	voting at an election held for that purpose.
166	166	(b) A contract approved by the district voters may contain a
167	167	provision stating that the contract may be modified or amended by
168	168	the board without further voter approval.
169	169	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
170	170	Sec. 9064.0501. AUTHORITY TO ISSUE BONDS AND OTHER
171	171	OBLIGATIONS. The district may issue bonds or other obligations
172	172	payable wholly or partly from ad valorem taxes, impact fees,
173	173	revenue, contract payments, grants, or other district money, or any
174	174	combination of those sources, to pay for any authorized district
175	175	purpose.
176	176	Sec. 9064.0502. TAXES FOR BONDS. At the time the district
177	177	issues bonds payable wholly or partly from ad valorem taxes, the
178	178	board shall provide for the annual imposition of a continuing
179	179	direct ad valorem tax, without limit as to rate or amount, while all
180	180	or part of the bonds are outstanding as required and in the manner
181	181	provided by Chapter 51, Water Code.
182	182	Sec. 9064.0503. BONDS FOR ROAD PROJECTS. At the time of
183	183	issuance, the total principal amount of bonds or other obligations
184	184	issued or incurred to finance road projects and payable from ad
185	185	valorem taxes may not exceed one-fourth of the assessed value of the
186	186	real property in the district.
187	187	Sec. 9064.0504. BONDS FOR RECREATIONAL FACILITIES. (a)
188	188	The district may develop recreational facilities and issue bonds
189	189	for recreational facilities as provided by Chapter 49, Water Code,
190	190	regardless of whether the district's territory overlaps with the
191	191	territory of a political subdivision that is authorized to develop
192	192	recreational facilities and issue bonds for recreational
193	193	facilities under Chapter 49, Water Code.
194	194	(b) The authority of the district to develop recreational
195	195	facilities and issue bonds for recreational facilities under this
196	196	section does not limit the authority of another political
197	197	subdivision whose territory the territory of the district may
198	198	overlap, wholly or partly, to develop recreational facilities and
199	199	issue bonds for recreational facilities under Chapter 49, Water
200	200	Code.
201	201	SECTION 2. The Fort Bend County Water Control and
202	202	Improvement District No. 11 initially includes all the territory
203	203	contained in the following area:
204	204	Being a 721.9 acre tract of land (Tract A) located in the W.
205	205	Morton Survey, A-62, an 812.1 acre tract of land (Tract B), a 79.97
206	206	acre tract of land (Tract C) and a 3.019 acre tract of land (Tract D)
207	207	located in the J. Wilkins Survey, A-96 and the J.H. Cartwright
208	208	Survey, A-16 in Fort Bend County, Texas; said 721.9 acre tract being
209	209	all of the remainder of "TRACT 3" (called 575.744 acres) and all of
210	210	"TRACT 4" (called 49.1434 acres) recorded in Clerk's File Number
211	211	9632563 of the Official Records of Fort Bend County (O.R.F.B.C.),
212	212	all of a called 103.039 acre tract of land recorded as "TRACT THREE"
213	213	in Clerk's File Number 2018058651 of the O.R.F.B.C., and all of the
214	214	remainder of a called 19.4224 acre tract of land recorded in Clerk's
215	215	File Number 2002071030 of the O.R.F.B.C.; said 812.1 acre tract
216	216	being all of a called 317.812 acre tract of land and all of a called
217	217	186.183 acre tract of land recorded in Clerk's File Number
218	218	2018058651 of the O.R.F.B.C., and all of "TRACT 9" (called 307.968
219	219	acres) recorded in Clerks File Number 9632563 of the O.R.F.B.C.,
220	220	said 79.97 acre tract being all of a called 79.967 acre tract of
221	221	land recorded in Clerk's File Number 2018058651 of the O.R.F.B.C.,
222	222	and said 3.019 acre tract being all of a called 3.019 acre tract of
223	223	land recorded in Clerk's File Number 2018058651 of the O.R.F.B.C.;
224	224	said tracts being more particularly described by metes and bounds
225	225	as follows (all bearings are based on the Texas Coordinate System,
226	226	South Central Zone):
227	227	TRACT "A": 721.9 ACRES
228	228	Beginning at a 5/8-inch iron rod found for the northwest
229	229	corner of said 575.744 acre tract and the southwest corner of
230	230	Plantation Crossing, a subdivision recorded in Slide Number 2047A
231	231	of the Fort Bend County Plat Records (F.B.C.P.R.), same being on the
232	232	east line of the Replat of Pecan Grove Plantation Section 5, a
233	233	subdivision recorded in Slide Number 685A of the F.B.C.P.R.;
234	234	1. Thence, with the common line of said 575.744 acre tract
235	235	and said Plantation Crossing and the south line of Reserve "B-2" of
236	236	Plantation Crossing Subdivision Partial Replat No. 1 of
237	237	Unrestricted Reserve "B", a subdivision recorded in Plat Number
238	238	20100032 of the F.B.C.P.R., North 87 degrees 38 minutes 06 seconds
239	239	East, a distance of 1,888.98 feet to a 5/8-inch iron rod (bent)
240	240	found at the northeast corner of said 575.744 acre tract and the
241	241	southeast corner of said Plantation Crossing, same being on the
242	242	west Right-of-Way (R.O.W.) line of Harlem Road (width
243	243	varies-minimum 140-feet wide) as recorded in Volume 63, Page 203 of
244	244	the Fort Bend County Deed Records (F.B.C.D.R.) and in Clerk's File
245	245	Numbers 2010100611, 2011015402 and 2011015403 of the O.R.F.B.C.;
246	246	Thence, with said west R.O.W. line, the following four (4)
247	247	courses:
248	248	2. South 03 degrees 26 minutes 34 seconds East, a distance
249	249	of 1,780.95 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
250	250	INC" set;
251	251	3. South 02 degrees 54 minutes 24 seconds East, a distance
252	252	of 599.47 feet to a 5/8-inch iron rod with cap stamped "LANDTECH"
253	253	found;
254	254	4. South 02 degrees 21 minutes 25 seconds East, a distance
255	255	of 329.14 feet to a 5/8-inch iron rod with cap stamped "LANDTECH"
256	256	found;
257	257	5. South 02 degrees 07 minutes 07 seconds East, a distance
258	258	of 2,791.77 feet to a 3/4-inch iron rod with cap stamped "WEISSER
259	259	ENG" found at the northeast corner of a called 2.817 acre tract of
260	260	land recorded in Clerk's File Number 2021161425 of the O.R.F.B.C.;
261	261	6. Thence, with the north line of said 2.817 acre tract,
262	262	South 87 degrees 51 minutes 34 seconds West, a distance of 875.94
263	263	feet to a 3/4-inch iron rod with cap stamped "WEISSER ENG" found at
264	264	the northwest corner of said 2.817 acre tract, same being on the
265	265	east line of aforesaid 103.039 acre tract;
266	266	7. Thence, with the common line of said 2.817 acre tract and
267	267	said 103.039 acre tract, South 01 degrees 46 minutes 00 seconds
268	268	East, a distance of 139.87 feet to a 1/2-inch iron rod found at the
269	269	southwest corner of said 2.817 acre tract and the northwest corner
270	270	of a called 10.00 acre tract of land recorded in Volume 2491, Page
271	271	256 of the F.B.C.D.R.;
272	272	8. Thence, with the common line of said 103.039 acre tract
273	273	and said 10.00 acre tract, South 01 degrees 53 minutes 54 seconds
274	274	East, a distance of 496.44 feet to a 1-inch iron pipe found at the
275	275	southwest corner of said 10.00 acre tract and the northwest corner
276	276	of aforesaid 49.1434 acre tract;
277	277	9. Thence, with the common line of said 10.00 acre tract and
278	278	said 49.1434 acre tract, North 87 degrees 52 minutes 26 seconds
279	279	East, a distance of 878.71 feet to a 5/8-inch iron rod found at the
280	280	southeast corner of said 10.00 acre tract and the northeast corner
281	281	of said 49.1434 acre tract, same being on the west R.O.W. line of
282	282	aforesaid Harlem Road;
283	283	10. Thence, with said west R.O.W. line, South 02 degrees 07
284	284	minutes 07 seconds East, a distance of 2,470.38 feet to a 5/8-inch
285	285	iron rod with cap stamped "WINDROSE" found at the southeast corner
286	286	of said 49.1434 acre tract and the northeast corner of a called
287	287	6.170 acre tract of land recorded in Clerk's File Number 2013073107
288	288	of the O.R.F.B.C.;
289	289	11. Thence, with the common line of said 49.1434 acre tract
290	290	and said 6.170 acre tract and with the north line of the remainder
291	291	of a called 6.555 acre tract of land recorded in Clerk's File Number
292	292	2008022579 of the O.R.F.B.C., South 87 degrees 54 minutes 25
293	293	seconds West, a distance of 887.56 feet to a 3-inch iron pipe found
294	294	at the southwest corner of said 49.1434 acre tract and the northwest
295	295	corner of said 6.555 acre tract, same being on the east line of
296	296	aforesaid 103.039 acre tract;
297	297	12. Thence, with the common line of said 103.039 acre tract
298	298	and said 6.555 acre tract and with the west line of said 6.170 acre
299	299	tract, South 01 degrees 54 minutes 40 seconds East, a distance of
300	300	372.49 feet to a 3/4-inch iron rod found at the southeast corner of
301	301	said 103.039 acre tract and the southwest corner of said 6.170 acre
302	302	tract, same being on the north line of the Union Pacific Railroad
303	303	tract (100-feet wide) as recorded in Volume 15, Page 218, Volume 59,
304	304	Page 315, Volume 64, Page 182 and Volume 95, Page 24 of the
305	305	F.B.C.D.R;
306	306	13. Thence, with the common line of said Railroad tract and
307	307	said 103.039 acre tract and with the south line of aforesaid 575.744
308	308	acre tract, South 81 degrees 27 minutes 29 seconds West, a distance
309	309	of 5,473.20 feet to a 1-inch iron pipe found on the east R.O.W. line
310	310	of Pitts Road (width varies) as recorded in Clerk's File Number
311	311	9509356 of the O.R.F.B.C.;
312	312	14. Thence, with said east R.O.W. line, North 02 degrees 09
313	313	minutes 49 seconds West, a distance of 3,187.67 feet to a 1-inch
314	314	iron pipe (bent) found on the common line of aforesaid 575.744 acre
315	315	tract and a called 39.8846 acre tract of land recorded in Volume
316	316	2166, Page 1939 of the O.R.F.B.C.;
317	317	15. Thence, with said common line, North 89 degrees 03
318	318	minutes 34 seconds East, a distance of 1,465.14 feet to a 1-inch
319	319	iron pipe found at the southeast corner of said 39.8846 acre tract
320	320	and the southwest corner of a called 4.6051 acre tract of land
321	321	recorded in Clerk's File Number 2005101569 of the O.R.F.B.C.;
322	322	16. Thence with the common line of said 575.744 acre tract
323	323	and said 4.6051 acre tract and with the south line of a called
324	324	3.7506 acre tract of land and a called 3.7803 acre tract of land
325	325	also recorded in Clerk's File Number 2005101569 of the O.R.F.B.C.,
326	326	North 88 degrees 53 minutes 30 seconds East, a distance of 759.44
327	327	feet to a 1-inch iron pipe found at the southeast corner of said
328	328	3.7803 acre tract and the southwest corner of The Grove Section 5, a
329	329	subdivision recorded in Slide Number 554A of the F.B.C.P.R.;
330	330	17. Thence, with the common line of said subdivision and
331	331	said 575.744 acre tract and with the south line of a called 22.0959
332	332	acre tract of land recorded in Clerk's File Number 2015102372 of the
333	333	O.R.F.B.C., North 88 degrees 51 minutes 35 seconds East, a distance
334	334	of 1,637.79 feet to a 5/8-inch iron rod with cap stamped "COTTON
335	335	SURVEYING" found at the southeast corner of said 22.0959 acre
336	336	tract;
337	337	Thence, with the east line of said 22.0959 acre tract, the
338	338	following three (3) courses:
339	339	18. North 02 degrees 37 minutes 41 seconds West, a distance
340	340	of 4,075.39 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
341	341	INC" set;
342	342	19. North 87 degrees 13 minutes 51 seconds East, a distance
343	343	of 599.62 feet to a 5/8-inch iron rod with cap found;
344	344	20. North 03 degrees 14 minutes 20 seconds West, a distance
345	345	of 513.53 feet to a 1/2-inch iron pipe found at the northeast corner
346	346	of said 22.0959 acre tract and the southeast corner of Pecan Grove
347	347	Plantation Section 4, a subdivision recorded in Volume 27, Page 6 of
348	348	the F.B.C.P.R., same being on the west line of aforesaid 575.744
349	349	acre tract;
350	350	21. Thence, with the common line of said 575.744 acre tract
351	351	and said subdivision and with the east line of aforesaid Pecan Grove
352	352	Plantation Section 5, North 02 degrees 52 minutes 04 seconds West, a
353	353	distance of 1,872.48 feet to the Point of Beginning and containing
354	354	721.9 acres of land.
355	355	TRACT B: 812.1 ACRES
356	356	Beginning at a 5/8-inch iron rod found for the northwest
357	357	corner of aforesaid 317.812 acre tract and the southwest corner of a
358	358	called 145.368 acre tract of land recorded in Clerk's File Number
359	359	2017087205 of the O.R.F.B.C., same being on the east R.O.W. line of
360	360	aforesaid Harlem Road;
361	361	1. Thence, with the north line of said 317.812 acre tract,
362	362	the north line of aforesaid 307.968 acre tract, the north line of
363	363	aforesaid 186.183 acre tract, the south line of said 145.368 acre
364	364	tract and the south line of a called 143.287 acre tract recorded in
365	365	said Clerk's File Number 2017087205 of the O.R.F.B.C., North 86
366	366	degrees 48 minutes 57 seconds East, a distance of 6,884.55 feet to a
367	367	5/8-inch iron rod found at the northeast corner of said 186.183 acre
368	368	tract and the southeast corner of said 143.287 acre tract, same
369	369	being on the west R.O.W. line of the Grand Parkway (Highway 99)
370	370	(width varies) as recorded in Clerk's File Number 9830483 of the
371	371	O.R.F.B.C.;
372	372	Thence, with said west R.O.W. line, the following six (6)
373	373	courses:
374	374	2. South 42 degrees 12 minutes 55 seconds East, a distance
375	375	of 228.10 feet to a TXDOT Disc found;
376	376	3. 1,560.21 feet along the arc of a curve to the right, said
377	377	curve having a central angle of 16 degrees 01 minutes 18 seconds, a
378	378	radius of 5,579.59 feet and a chord that bears South 34 degrees 12
379	379	minutes 17 seconds East, a distance of 1,555.13 feet to TXDOT Disc
380	380	found;
381	381	4. South 26 degrees 11 minutes 38 seconds East, a distance
382	382	of 788.16 feet to a 1/2-iron rod found;
383	383	5. South 88 degrees 31 minutes 13 seconds West, a distance
384	384	of 66.04 feet to a TXDOT Disc found;
385	385	6. South 26 degrees 12 minutes 25 seconds East, a distance
386	386	of 1,235.45 feet to a TXDOT Disc found;
387	387	7. South 17 degrees 52 minutes 00 seconds East, at a
388	388	distance of 560.55 feet passing a 5/8-inch iron rod with cap found
389	389	and continuing for a total distance of 621.35 feet to the southeast
390	390	corner of aforesaid 186.183 acre tract, same being on the north line
391	391	of aforesaid Union Pacific Railroad (75-feet wide) as recorded in
392	392	Volume 15, Page 218, Volume 59, Page 315, Volume 59, Page 183 and
393	393	Volume 95, Page 24 of the F.B.C.D.R;
394	394	8. Thence, with the common line of said 186.183 acre tract
395	395	and said Railroad tract and with the south line of aforesaid 307.968
396	396	acre tract and aforesaid 317.812 acre tract, South 81 degrees 27
397	397	minutes 54 seconds West, a distance of 8,839.89 feet to a 5/8-inch
398	398	iron rod with cap stamped "COSTELLO INC" set for the southwest
399	399	corner of said 317.812 acre tract, being on the east R.O.W. line of
400	400	aforesaid Harlem Road;
401	401	9. Thence, with said east R.O.W. line, North 02 degrees 07
402	402	minutes 07 seconds West, a distance of 4,796.72 feet to the Point of
403	403	Beginning and containing 812.1 acres of land.
404	404	TRACT C: 79.97 ACRES
405	405	Beginning at the northwest corner of aforesaid 79.967 acre
406	406	tract and the southwest corner of Windsor Estates Sec 3, a
407	407	subdivision recorded in Plat Number 20140040 of the F.B.C.P.R.,
408	408	same being on the northeasterly R.O.W. line of aforesaid Grand
409	409	Parkway, from which a 5/8-inch iron rod found bears S58°28'30"E ~
410	410	0.60';
411	411	1. Thence, with the north line of said 79.967 acre tract,
412	412	the south line of said Sec 3 and the south line of Windsor Estates
413	413	Sec 1, a subdivision recorded in Plat Number 20130085 of the
414	414	F.B.C.P.R., North 86 degrees 48 minutes 57 seconds East, a distance
415	415	of 2,061.83 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
416	416	INC" set at the northeast corner of said 79.967 acre tract, same
417	417	being on the west R.O.W. line of F.M. 1464 (width varies) as
418	418	recorded in Clerk's File Numbers 2010065925, 2010067366 and
419	419	2010054458 of the O.R.F.B.C.;
420	420	Thence, with said west R.O.W. line, the following eight (8)
421	421	courses:
422	422	2. South 02 degrees 29 minutes 10 seconds East, a distance
423	423	of 1,931.46 feet to a 5/8-inch iron rod found;
424	424	3. South 87 degrees 34 minutes 52 seconds West, a distance
425	425	of 238.37 feet to a 5/8-inch iron rod found (bent);
426	426	4. South 02 degrees 28 minutes 00 seconds East, a distance
427	427	of 373.47 feet to a TXDOT Disc found;
428	428	5. South 58 degrees 47 minutes 14 seconds East, a distance
429	429	of 204.28 feet to a 5/8-inch iron rod with cap (bent) found;
430	430	6. South 02 degrees 27 minutes 37 seconds East, a distance
431	431	of 318.23 feet to a 5/8-inch iron rod found;
432	432	7. South 25 degrees 12 minutes 50 seconds East, a distance
433	433	of 137.03 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
434	434	INC" set;
435	435	8. South 02 degrees 27 minutes 37 seconds East, a distance
436	436	of 64.38 feet to a 5/8-inch iron rod found that bears S61°52'50"E ~
437	437	1.0';
438	438	9. 483.56 feet along the arc of a curve to the right, said
439	439	curve having a central angle of 65 degrees 11 minutes 24 seconds, a
440	440	radius of 425.00 feet and a chord that bears South 48 degrees 38
441	441	minutes 51 seconds West, a distance of 457.89 feet to the east
442	442	R.O.W. line of aforesaid Grand Parkway, from which a TXDOT Disc
443	443	found bears N77°48'02"E ~ 0.7';
444	444	Thence, with the east R.O.W. line of said Grand Parkway, the
445	445	following four (4) courses:
446	446	10. North 26 degrees 12 minutes 25 seconds West, a distance
447	447	of 1,046.40 feet to a TXDOT Disc found;
448	448	11. South 88 degrees 31 minutes 13 seconds West, a distance
449	449	of 44.09 feet to a TXDOT Disc found;
450	450	12. North 26 degrees 11 minutes 38 seconds West, a distance
451	451	of 926.23 feet to a TXDOT Disc found;
452	452	13. 1,629.01 feet along the arc of a curve to the left, said
453	453	curve having a central angle of 15 degrees 52 minutes 28 seconds, a
454	454	radius of 5,879.59 feet and a chord that bears North 34 degrees 07
455	455	minutes 52 seconds West, a distance of 1,623.81 feet to the Point of
456	456	Beginning and containing 79.97 acres of land.
457	457	TRACT D: 3.019 ACRES
458	458	Beginning at a TXDOT Disc found for at north end of a cutback
459	459	at the intersection of the southeast R.O.W. line of aforesaid F.M.
460	460	1464 with the east R.O.W. line of aforesaid Grand Parkway and being
461	461	a northwest corner of aforesaid 3.019 acre tract;
462	462	Thence, with the southeast R.O.W. line of said F.M. 1464, the
463	463	following seven (7) courses:
464	464	1. 294.49 feet along the arc of a curve to the left, said
465	465	curve having a central angle of 30 degrees 46 minutes 40 seconds, a
466	466	radius of 548.22 feet and a chord that bears North 66 degrees 01
467	467	minutes 51 seconds East, a distance of 290.96 feet to a TXDOT Disc
468	468	found;
469	469	2. South 89 degrees 19 minutes 20 seconds East, a distance
470	470	of 44.86 feet to a TXDOT Disc found;
471	471	3. South 47 degrees 43 minutes 32 seconds East, a distance
472	472	of 33.66 feet to a 5/8-inch iron rod found that bears N75°36'31"W ~
473	473	1.5';
474	474	4. South 02 degrees 21 minutes 21 seconds East, a distance
475	475	of 204.21 feet to a 5/8-inch iron rod found;
476	476	5. South 04 degrees 43 minutes 36 seconds East, a distance
477	477	of 239.96 feet to a TXDOT Disc found;
478	478	6. South 38 degrees 30 minutes 36 seconds West, a distance
479	479	of 87.66 feet to a TXDOT Disc found;
480	480	7. South 81 degrees 19 minutes 35 seconds West, a distance
481	481	of 89.98 feet to a 5/8-inch iron rod found in concrete at the east
482	482	R.O.W. line of aforesaid Grand Parkway;
483	483	8. Thence, with said east R.O.W. line, North 32 degrees 31
484	484	minutes 32 seconds West, a distance of 451.59 feet to a 5/8-inch
485	485	iron rod with cap stamped "COSTELLO INC" set at the south end of
486	486	aforesaid cutback line;
487	487	Thence, with said cutback line, North 24 degrees 27 minutes
488	488	31 seconds East, a distance of 54.43 feet to the Point of Beginning
489	489	and containing 3.019 acres of land.
490	490	SECTION 3. (a) The legal notice of the intention to
491	491	introduce this Act, setting forth the general substance of this
492	492	Act, has been published as provided by law, and the notice and a
493	493	copy of this Act have been furnished to all persons, agencies,
494	494	officials, or entities to which they are required to be furnished
495	495	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
496	496	Government Code.
497	497	(b) The governor, one of the required recipients, has
498	498	submitted the notice and Act to the Texas Commission on
499	499	Environmental Quality.
500	500	(c) The Texas Commission on Environmental Quality has filed
501	501	its recommendations relating to this Act with the governor, the
502	502	lieutenant governor, and the speaker of the house of
503	503	representatives within the required time.
504	504	(d) All requirements of the constitution and laws of this
505	505	state and the rules and procedures of the legislature with respect
506	506	to the notice, introduction, and passage of this Act are fulfilled
507	507	and accomplished.
508	508	SECTION 4. (a) Section 9064.0306, Special District Local
509	509	Laws Code, as added by Section 1 of this Act, takes effect only if
510	510	this Act receives a two-thirds vote of all the members elected to
511	511	each house.
512	512	(b) If this Act does not receive a two-thirds vote of all the
513	513	members elected to each house, Subchapter C, Chapter 9064, Special
514	514	District Local Laws Code, as added by Section 1 of this Act, is
515	515	amended by amending Section 9064.0306 to read as follows:
516	516	Sec. 9064.0306. NO EMINENT DOMAIN POWER. The district may
517	517	not exercise the power of eminent domain.
518	518	(c) This section is not intended to be an expression of a
519	519	legislative interpretation of the requirements of Section 17(c),
520	520	Article I, Texas Constitution.
521	521	SECTION 5. This Act takes effect immediately if it receives
522	522	a vote of two-thirds of all the members elected to each house, as
523	523	provided by Section 39, Article III, Texas Constitution. If this
524	524	Act does not receive the vote necessary for immediate effect, this
525	525	Act takes effect September 1, 2023.
526	526	______________________________ ______________________________
527	527	President of the Senate Speaker of the House
528	528	I certify that H.B. No. 5395 was passed by the House on May 6,
529	529	2023, by the following vote: Yeas 101, Nays 33, 2 present, not
530	530	voting.
531	531	______________________________
532	532	Chief Clerk of the House
533	533	I certify that H.B. No. 5395 was passed by the Senate on May
534	534	21, 2023, by the following vote: Yeas 27, Nays 4.
535	535	______________________________
536	536	Secretary of the Senate
537	537	APPROVED: _____________________
538	538	Date
539	539	_____________________
540	540	Governor