Texas 2023 - 88th Regular

Texas House Bill HB5404 Compare Versions

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1	1	By: Wilson (Senate Sponsor - Schwertner) H.B. No. 5404
2	2	(In the Senate - Received from the House May 15, 2023;
3	3	May 15, 2023, read first time and referred to Committee on Local
4	4	Government; May 19, 2023, reported favorably by the following
5	5	vote: Yeas 9, Nays 0; May 19, 2023, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of the Williamson County Municipal Utility
12	12	District No. 49; granting a limited power of eminent domain;
13	13	providing authority to issue bonds; providing authority to impose
14	14	assessments, fees, and taxes.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	17	Code, is amended by adding Chapter 8010A to read as follows:
18	18	CHAPTER 8010A. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 49
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 8010A.0101. DEFINITIONS. In this chapter:
21	21	(1) "Board" means the district's board of directors.
22	22	(2) "Commission" means the Texas Commission on
23	23	Environmental Quality.
24	24	(3) "Director" means a board member.
25	25	(4) "District" means the Williamson County Municipal
26	26	Utility District No. 49.
27	27	Sec. 8010A.0102. NATURE OF DISTRICT. The district is a
28	28	municipal utility district created under Section 59, Article XVI,
29	29	Texas Constitution.
30	30	Sec. 8010A.0103. CONFIRMATION AND DIRECTOR ELECTION
31	31	REQUIRED. The temporary directors shall hold an election to
32	32	confirm the creation of the district and to elect five permanent
33	33	directors as provided by Section 49.102, Water Code.
34	34	Sec. 8010A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
35	35	temporary directors may not hold an election under Section
36	36	8010A.0103 until each municipality in whose corporate limits or
37	37	extraterritorial jurisdiction the district is located has
38	38	consented by ordinance or resolution to the creation of the
39	39	district and to the inclusion of land in the district as required by
40	40	applicable law.
41	41	Sec. 8010A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
42	42	(a) The district is created to serve a public purpose and benefit.
43	43	(b) The district is created to accomplish the purposes of:
44	44	(1) a municipal utility district as provided by
45	45	general law and Section 59, Article XVI, Texas Constitution; and
46	46	(2) Section 52, Article III, Texas Constitution, that
47	47	relate to the construction, acquisition, improvement, operation,
48	48	or maintenance of macadamized, graveled, or paved roads, or
49	49	improvements, including storm drainage, in aid of those roads.
50	50	Sec. 8010A.0106. INITIAL DISTRICT TERRITORY. (a) The
51	51	district is initially composed of the territory described by
52	52	Section 2 of the Act enacting this chapter.
53	53	(b) The boundaries and field notes contained in Section 2 of
54	54	the Act enacting this chapter form a closure. A mistake made in the
55	55	field notes or in copying the field notes in the legislative process
56	56	does not affect the district's:
57	57	(1) organization, existence, or validity;
58	58	(2) right to issue any type of bond for the purposes
59	59	for which the district is created or to pay the principal of and
60	60	interest on a bond;
61	61	(3) right to impose a tax; or
62	62	(4) legality or operation.
63	63	SUBCHAPTER B. BOARD OF DIRECTORS
64	64	Sec. 8010A.0201. GOVERNING BODY; TERMS. (a) The district
65	65	is governed by a board of five elected directors.
66	66	(b) Except as provided by Section 8010A.0202, directors
67	67	serve staggered four-year terms.
68	68	Sec. 8010A.0202. TEMPORARY DIRECTORS. (a) The temporary
69	69	board consists of:
70	70	(1) Mark Tickner;
71	71	(2) Nick Easley;
72	72	(3) Walter Duke;
73	73	(4) Zachary Summers; and
74	74	(5) Noah Terrazas.
75	75	(b) Temporary directors serve until the earlier of:
76	76	(1) the date permanent directors are elected under
77	77	Section 8010A.0103; or
78	78	(2) the fourth anniversary of the effective date of
79	79	the Act enacting this chapter.
80	80	(c) If permanent directors have not been elected under
81	81	Section 8010A.0103 and the terms of the temporary directors have
82	82	expired, successor temporary directors shall be appointed or
83	83	reappointed as provided by Subsection (d) to serve terms that
84	84	expire on the earlier of:
85	85	(1) the date permanent directors are elected under
86	86	Section 8010A.0103; or
87	87	(2) the fourth anniversary of the date of the
88	88	appointment or reappointment.
89	89	(d) If Subsection (c) applies, the owner or owners of a
90	90	majority of the assessed value of the real property in the district
91	91	may submit a petition to the commission requesting that the
92	92	commission appoint as successor temporary directors the five
93	93	persons named in the petition. The commission shall appoint as
94	94	successor temporary directors the five persons named in the
95	95	petition.
96	96	SUBCHAPTER C. POWERS AND DUTIES
97	97	Sec. 8010A.0301. GENERAL POWERS AND DUTIES. The district
98	98	has the powers and duties necessary to accomplish the purposes for
99	99	which the district is created.
100	100	Sec. 8010A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
101	101	DUTIES. The district has the powers and duties provided by the
102	102	general law of this state, including Chapters 49 and 54, Water Code,
103	103	applicable to municipal utility districts created under Section 59,
104	104	Article XVI, Texas Constitution.
105	105	Sec. 8010A.0303. AUTHORITY FOR ROAD PROJECTS. Under
106	106	Section 52, Article III, Texas Constitution, the district may
107	107	design, acquire, construct, finance, issue bonds for, improve,
108	108	operate, maintain, and convey to this state, a county, or a
109	109	municipality for operation and maintenance macadamized, graveled,
110	110	or paved roads, or improvements, including storm drainage, in aid
111	111	of those roads.
112	112	Sec. 8010A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
113	113	road project must meet all applicable construction standards,
114	114	zoning and subdivision requirements, and regulations of each
115	115	municipality in whose corporate limits or extraterritorial
116	116	jurisdiction the road project is located.
117	117	(b) If a road project is not located in the corporate limits
118	118	or extraterritorial jurisdiction of a municipality, the road
119	119	project must meet all applicable construction standards,
120	120	subdivision requirements, and regulations of each county in which
121	121	the road project is located.
122	122	(c) If the state will maintain and operate the road, the
123	123	Texas Transportation Commission must approve the plans and
124	124	specifications of the road project.
125	125	Sec. 8010A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
126	126	ORDINANCE OR RESOLUTION. The district shall comply with all
127	127	applicable requirements of any ordinance or resolution that is
128	128	adopted under Section 54.016 or 54.0165, Water Code, and that
129	129	consents to the creation of the district or to the inclusion of land
130	130	in the district.
131	131	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
132	132	Sec. 8010A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
133	133	The district may issue, without an election, bonds and other
134	134	obligations secured by:
135	135	(1) revenue other than ad valorem taxes; or
136	136	(2) contract payments described by Section
137	137	8010A.0403.
138	138	(b) The district must hold an election in the manner
139	139	provided by Chapters 49 and 54, Water Code, to obtain voter approval
140	140	before the district may impose an ad valorem tax or issue bonds
141	141	payable from ad valorem taxes.
142	142	(c) The district may not issue bonds payable from ad valorem
143	143	taxes to finance a road project unless the issuance is approved by a
144	144	vote of a two-thirds majority of the district voters voting at an
145	145	election held for that purpose.
146	146	Sec. 8010A.0402. OPERATION AND MAINTENANCE TAX. (a) If
147	147	authorized at an election held under Section 8010A.0401, the
148	148	district may impose an operation and maintenance tax on taxable
149	149	property in the district in accordance with Section 49.107, Water
150	150	Code.
151	151	(b) The board shall determine the tax rate. The rate may not
152	152	exceed the rate approved at the election.
153	153	Sec. 8010A.0403. CONTRACT TAXES. (a) In accordance with
154	154	Section 49.108, Water Code, the district may impose a tax other than
155	155	an operation and maintenance tax and use the revenue derived from
156	156	the tax to make payments under a contract after the provisions of
157	157	the contract have been approved by a majority of the district voters
158	158	voting at an election held for that purpose.
159	159	(b) A contract approved by the district voters may contain a
160	160	provision stating that the contract may be modified or amended by
161	161	the board without further voter approval.
162	162	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
163	163	Sec. 8010A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
164	164	OBLIGATIONS. The district may issue bonds or other obligations
165	165	payable wholly or partly from ad valorem taxes, impact fees,
166	166	revenue, contract payments, grants, or other district money, or any
167	167	combination of those sources, to pay for any authorized district
168	168	purpose.
169	169	Sec. 8010A.0502. TAXES FOR BONDS. At the time the district
170	170	issues bonds payable wholly or partly from ad valorem taxes, the
171	171	board shall provide for the annual imposition of a continuing
172	172	direct ad valorem tax, without limit as to rate or amount, while all
173	173	or part of the bonds are outstanding as required and in the manner
174	174	provided by Sections 54.601 and 54.602, Water Code.
175	175	Sec. 8010A.0503. BONDS FOR ROAD PROJECTS. At the time of
176	176	issuance, the total principal amount of bonds or other obligations
177	177	issued or incurred to finance road projects and payable from ad
178	178	valorem taxes may not exceed one-fourth of the assessed value of the
179	179	real property in the district.
180	180	SECTION 2. The Williamson County Municipal Utility District
181	181	No. 49 initially includes all the territory contained in the
182	182	following area:
183	183	TRACT 1:
184	184	A 59.891 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
185	185	SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY,
186	186	TEXAS, BEING OUT OF A CALLED 60.57 ACRE TRACT CONVEYED TO LETTS
187	187	FAMILY TRUST BY INSTRUMENT RECORDED IN VOLUME 528, PAGE 376 OF THE
188	188	DEED RECORDS OF WILLIAMSON COUNTY, TEXAS A 59.891 ACRE TRACT OF LAND
189	189	SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, ABSTRACT NO.
190	190	172, IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF A CALLED 60.57 ACRE
191	191	TRACT CONVEYED TO LETTS FAMILY TRUST BY INSTRUMENT RECORDED IN
192	192	VOLUME 528, PAGE 376 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
193	193	TEXAS. SAID 59.891 ACRE TRACT BEING MORE FULLY DESCRIBED AS
194	194	FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
195	195	ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
196	196	1983 NAD 83 (NA2011) EPOCH 2010.00.:
197	197	BEGINNING at a 1/2" iron rod found in the west right-of-way
198	198	line of County Road 308, said point being the northeast corner of
199	199	said 60.57-acre tract, for the northeast corner and POINT OF
200	200	BEGINNING hereof;
201	201	THENCE S 20°52'36" E, with the west right-of-way line of said
202	202	County Road 308, same being the east boundary line of said
203	203	60.57-acre tract, a distance of 2045.72 feet to a 1/2" iron rod with
204	204	yellow cap marked "Pape-Dawson" set in the north right-of-way line
205	205	of County Road 305, same being the north boundary line of a called
206	206	0.5039 acre tract of land conveyed to Williamson County, Texas by
207	207	instrument recorded in Document No. 9820041 of the Official Public
208	208	Records of said County, for the southeast corner hereof;
209	209	THENCE S 68°212'37" W, with the north boundary line of said
210	210	0.5039-acre tract, same being the north right-of-way line of said
211	211	County Road 305, through the interior of said 60.57-acre tract, a
212	212	distance of 1258.78 feet to a 1/2" iron rod found on a point in the
213	213	east boundary line of a called 3.92-acre tract of land conveyed to
214	214	Gary R. Sheley and Rosita R. Sheley, by instrument recorded in
215	215	Document No. 2009090657 of said Official Public Records, same being
216	216	the west boundary line of said 60.57-acre tract, for the southwest
217	217	corner hereof;
218	218	THENCE N 21°39'56" W, departing the north right-of-way line of
219	219	said County Road 305, with, in part, the east boundary lines of:
220	220	said 3.92-acre tract, a called 10.00-acre tract of land conveyed to
221	221	Dudley K. Bukowsky and Tami Bukowsky by instrument recorded in
222	222	Document No. 2008016420 of said Official Public Records, Lot 5,
223	223	Bukowsky Subdivision, recorded in Document No. 2019064044 of said
224	224	Official Public Records, a called 10.51-acre tract of land conveyed
225	225	to Kerry Conaway, Jr., by instrument recorded in Document
226	226	No. 2006005509 of said Official Public Records and a called
227	227	10.51-acre tract of land conveyed to Darral Henderson and Elaine
228	228	Henderson by instrument recorded in Document No. 2006032860 of said
229	229	Official Public Records, a distance of 2053.57 feet to a 1/2" iron
230	230	rod with yellow cap marked "Pape-Dawson" set, for the southwest
231	231	corner of a called 60.99-acre tract of land conveyed to Wayne E.
232	232	Cavalier and Cyndi Pietan Cavalier, by instrument recorded in
233	233	Document No. 2012099245 of said Official Public Records, for the
234	234	northwest corner hereof;
235	235	THENCE N 68°48'58" E, with the south boundary line of said
236	236	60.99-acre tract, same being the north boundary line of said
237	237	60.57-acre tract, a distance of 1286.98 feet to the POINT OF
238	238	BEGINNING and containing 59.891 acres of land in Williamson County,
239	239	Texas. Said tract being described in accordance with a survey
240	240	prepared by Pape Dawson Engineers, Inc. under Job No. 51303-00.
241	241	TRACT 2:
242	242	A 110.720 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
243	243	SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY,
244	244	TEXAS. BEING ALL OF A CALLED 113 ACRE TRACT CONVEYED TO LETTS FAMILY
245	245	TRUST BY INSTRUMENT RECORDED IN VOLUME 486, PAGE 442 OF THE DEED
246	246	RECORDS OF WILLIAMSON COUNTY, TEXAS, A 110.720 ACRE TRACT OF LAND
247	247	SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, ABSTRACT NO.
248	248	172, IN WILLIAMSON COUNTY, TEXAS. BEING ALL OF A CALLED 113 ACRE
249	249	TRACT CONVEYED TO LETTS FAMILY TRUST BY INSTRUMENT RECORDED IN
250	250	VOLUME 486, PAGE 442 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
251	251	TEXAS, SAID 110.720 ACRE TRACT BEING MORE FULLY DESCRIBED AS
252	252	FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
253	253	ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
254	254	1983 NAD 83 (NA2011) EPOCH 2010.00.:
255	255	BEGINNING at a 1/2" iron rod with yellow cap marked
256	256	"Pape-Dawson" set in the east right-of-way line of County Road 308,
257	257	said point being the northwest corner of a called 169.5 acre tract
258	258	of land conveyed to R.D. Hopper and Margaret Hopper Letts by
259	259	instrument recorded in Volume 478, Page 349 of said Deed Records,
260	260	same being the southwest corner of said 113 acre tract, for the
261	261	southeast corner and POINT OF BEGINNING hereof;
262	262	THENCE N 21°22'58" W, with the east right-of-way line of said
263	263	County Road 308, same being the west boundary line of said 113-acre
264	264	tract, a distance of 2048.33 feet to a 5/8" iron rod found for the
265	265	southwest corner of a called 17.0 acre tract of land conveyed to
266	266	Gertrude Ann Braband by instrument recorded in Document
267	267	No. 2016033164 of the Official Public Records of said County, same
268	268	being the northwest corner of said 113-acre tract, for the
269	269	northwest corner hereof;
270	270	THENCE N 69°02'46" E, departing the east right-of-way line of
271	271	said County Road 308, with the south boundary line of said 17.0 acre
272	272	tract, same being the north boundary line of said 113 acre tract,
273	273	for a distance of 1268.96 feet to a 5/8" iron rod found for the
274	274	southeast corner of said 17.0 acre tract, same being an interior ell
275	275	corner in said 113 acre tract, for an ell corner hereof;
276	276	THENCE N 21°00'19" W, with the east boundary line of said 17.0
277	277	acre tract, same being a west boundary line of said 113 acre tract,
278	278	a distance of 582.80 feet to a 1/2" iron rod found for the southwest
279	279	corner of a called 64.797 acre tract of land conveyed to Jose G.
280	280	Garcia, by instrument recorded in Document No. 2017005987 of said
281	281	Official Public records, same being the southeast corner of called
282	282	10.789 acre tract of land conveyed to the Belinda Ramsey Living
283	283	Trust, by instrument recorded in Document No. 2019022035 of said
284	284	Official Public Records, same being the northeast corner of said
285	285	17.0 acre tract, also being the northernmost northwest corner of
286	286	said 113 acre tract, for the northernmost northwest hereof;
287	287	THENCE N 68°21'45" E, with the south boundary line of said
288	288	64.797 acre tract, same being the north boundary line of said 113
289	289	acre tract, a distance of 993.87 feet to a 1/2" iron rod found being
290	290	the northwest corner of a called 177.5 acre tract of land conveyed
291	291	to Charles D. Tonn and Ronald D. Tonn by instrument recorded in
292	292	Document No. 9601061 of said Official Public Records, same being
293	293	the north east corner of said 113-acre tract, for the northeast
294	294	corner hereof:
295	295	THENCE S 21°08'10" E, departing the south boundary line of
296	296	said 64.797 acre tract, with the west boundary line of said 177.5
297	297	acre tract, same being the east boundary line of said 113 acre
298	298	tract, a distance of 2244.92 feet to a 1/2" iron rod with yellow cap
299	299	marked "Pape-Dawson" set in the north boundary line of said 169.5
300	300	acre tract, said point being the southwest corner of said 177.5 acre
301	301	tract, same being the southeast corner of said 113 acre tract, for
302	302	the southeast corner hereof;
303	303	THENCE with the north boundary line of said 169.5 acre tract,
304	304	same being the south boundary line of said 113 acre tract, the
305	305	following three (3) courses and distances:
306	306	1. S 68°41'10" W, a distance of 982.01 feet to a 1/2" iron rod
307	307	with yellow cap marked "Pape-Dawson" set for an angle point hereof,
308	308	2. S 21°25'27" E, a distance of 386.24 feet to a 1/2" iron rod
309	309	with yellow cap marked "Pape-Dawson" set for an angle point hereof,
310	310	and
311	311	3. S 68°47'37" W, a distance of 1275.22 feet to the POINT OF
312	312	BEGINNING and containing 110.720 acres of land in Williamson
313	313	County, Texas. Said tract being described in accordance with a
314	314	survey prepared by Pape Dawson Engineers, Inc. under Job
315	315	No. 51303-00.
316	316	TRACT 3:
317	317	A 172.890 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
318	318	SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, TEXAS,
319	319	BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO R.D. HOPPER AND
320	320	MARGARET HOPPER LETT BY A 172.890 ACRE TRACT OF LAND SITUATED IN THE
321	321	ELISHA DAVIS SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON
322	322	COUNTY, TEXAS. BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO
323	323	R.D. HOPPER AND MARGARET HOPPER LETT BY INSTRUMENT RECORDED IN
324	324	VOLUME 478, PAGE 349 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
325	325	TEXAS. SAID 172.890 ACRE TRACT BEING MORE FULLY DESCRIBED AS
326	326	FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
327	327	ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
328	328	1983 NAD 83 (NA2011) EPOCH 2010.00.:
329	329	COMMENCING at a 60D nail found in the north right-of-way line
330	330	of County Road 305, same being the southeast corner of a called 0.58
331	331	acre tract of land conveyed to Dewey Roger Blackman by instrument
332	332	recorded in Volume 742, Page 777 of said Deed Records, also being
333	333	the southwest corner of a called 47.5 acre tract recorded in Volume
334	334	734, Page 931 of said Deed Records;
335	335	THENCE S 68°58'06" W, departing the west boundary line of said
336	336	47.5 acre tract, with the north right-of-way line of said County
337	337	Road 305, same being the south boundary line of said 0.58 acre
338	338	tract, a distance of 110.09 feet to a 1/2" iron rod with yellow cap
339	339	marked "Pape-Dawson" set on the southwest corner of said 0.58 acre
340	340	tract, same being the southeast corner of said 169.5 acre tract, for
341	341	the southeast corner and POINT OF BEGINNING hereof;
342	342	THENCE S 68°58'06" W, continuing with the north right-of-way
343	343	line of said County Road 305, and in part, crossing through the
344	344	right-of-way of County Road 308, same being the south boundary line
345	345	of said 169.5-acre tract, a distance of 3188.95 feet to an 1/2" iron
346	346	rod with yellow cap marked "Pape-Dawson" set for the southwest
347	347	corner hereof;
348	348	THENCE N 21°05'48" W, with the west boundary line of said
349	349	169.5-acre tract, and in part, crossing through the right-of-way of
350	350	said County Road 308, a distance of 2071.04 feet to a 1/2" iron rod
351	351	with yellow cap marked "Pape-Dawson" set, being the southwest
352	352	corner of a called 113 acre tract of land conveyed to the Letts
353	353	Family Trust, by instrument recorded in Volume 486, Page 442 of said
354	354	deed records, same being the northwest corner of said 169.5-acre
355	355	tract, for the northwest corner hereof, from which a 5/8" iron rod
356	356	found for the northwest corner of said 113 acre tract bears N
357	357	21°22'58" W, 2048.33 feet;
358	358	THENCE departing the east right-of-way line of said County
359	359	Road 308, with, in part, the south boundary line of said 113-acre
360	360	tract and, in part, the south boundary line of a called 177.5 acre
361	361	tract of land conveyed to Charles D. Tonn and Ronald D. Tonn by
362	362	instrument recorded in Document No. 9601061 of the Official Public
363	363	Records of said County, same being the north boundary line of said
364	364	169.5-acre tract, the following three (3) courses and distances:
365	365	1. N 68°47'37" E, a distance of 1275.22 feet to a 1/2" iron
366	366	rod with yellow cap marked "Pape-Dawson" set for an angle point
367	367	hereof,
368	368	2. N 21°25'27" W, a distance of 386.24 feet to a 1/2" iron rod
369	369	with yellow cap marked "Pape-Dawson" set for an angle point hereof,
370	370	and
371	371	3. N 68°41'10" E, a distance of 2332.32 feet to a 1/2" iron
372	372	rod with yellow cap marked "Pape-Dawson" set being the northeast
373	373	corner of said 169.5-acre tract, for the northeast corner hereof;
374	374	THENCE S 22°06'37" E, with the south boundary line of said
375	375	177.5-acre tract, same being the east boundary line of said
376	376	169.5-acre tract, a distance of 392.10 feet to a 1/2" iron rod with
377	377	yellow cap marked "Pape-Dawson" set in the north boundary line of a
378	378	called 50-acre tract of land conveyed to Cheryl A. Chamberlain, by
379	379	instrument recorded in Document No. 2013019239 of the Official
380	380	Public Records of said County, same being an angle point in the east
381	381	boundary line of said 169.5-acre tract, for an angle point hereof;
382	382	THENCE S 68°53'39" W, with the north boundary line of said
383	383	50-acre tract, same being the east boundary line of said 169.5-acre
384	384	tract, a distance of 419.61 feet to a 1/2" iron rod with yellow cap
385	385	marked "Pape-Dawson" set, being the northwest corner of said
386	386	50-acre tract, same being an angle point in the east boundary line
387	387	of said 169.5-acre tract, for an angle point hereof;
388	388	THENCE S 20°59'42" E, with, in part, the west boundary line of
389	389	said 50-acre tract and, in part, the west boundary line of a called
390	390	47.5 acre tract of land conveyed to D.C. Blackman, by instrument
391	391	recorded in Volume 734, Page 931 of said Deed Records and, in part,
392	392	the west boundary line of the aforementioned 0.58-acre tract, same
393	393	being the east boundary line of said 169.5-acre tract, a distance of
394	394	2080.08 feet to the POINT OF BEGINNING and containing 172.890 acres
395	395	of land in Williamson County, Texas. Said tract being described in
396	396	accordance with a survey prepared by Pape Dawson Engineers, Inc.
397	397	under Job No. 51303-00.
398	398	SECTION 3. (a) The legal notice of the intention to
399	399	introduce this Act, setting forth the general substance of this
400	400	Act, has been published as provided by law, and the notice and a
401	401	copy of this Act have been furnished to all persons, agencies,
402	402	officials, or entities to which they are required to be furnished
403	403	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
404	404	Government Code.
405	405	(b) The governor, one of the required recipients, has
406	406	submitted the notice and Act to the Texas Commission on
407	407	Environmental Quality.
408	408	(c) The Texas Commission on Environmental Quality has filed
409	409	its recommendations relating to this Act with the governor, the
410	410	lieutenant governor, and the speaker of the house of
411	411	representatives within the required time.
412	412	(d) All requirements of the constitution and laws of this
413	413	state and the rules and procedures of the legislature with respect
414	414	to the notice, introduction, and passage of this Act are fulfilled
415	415	and accomplished.
416	416	SECTION 4. (a) If this Act does not receive a two-thirds
417	417	vote of all the members elected to each house, Subchapter C, Chapter
418	418	8010A, Special District Local Laws Code, as added by Section 1 of
419	419	this Act, is amended by adding Section 8010A.0306 to read as
420	420	follows:
421	421	Sec. 8010A.0306. NO EMINENT DOMAIN POWER. The district may
422	422	not exercise the power of eminent domain.
423	423	(b) This section is not intended to be an expression of a
424	424	legislative interpretation of the requirements of Section 17(c),
425	425	Article I, Texas Constitution.
426	426	SECTION 5. This Act takes effect immediately if it receives
427	427	a vote of two-thirds of all the members elected to each house, as
428	428	provided by Section 39, Article III, Texas Constitution. If this
429	429	Act does not receive the vote necessary for immediate effect, this
430	430	Act takes effect September 1, 2023.
431	431	* * * * *