Texas 2023 - 88th Regular

Texas House Bill HB5405 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 5405
2	2
3	3
4	4	AN ACT
5	5	relating to the conversion of the Legacy Water Control and
6	6	Improvement District to the Legacy Municipal Management District;
7	7	providing authority to issue bonds; providing authority to impose
8	8	assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The Legacy Water Control and Improvement
11	11	District is converted to the Legacy Municipal Management District
12	12	and is governed by Chapter 4008, Special District Local Laws Code,
13	13	as added by this Act.
14	14	SECTION 2. Subtitle C, Title 4, Special District Local Laws
15	15	Code, is amended by adding Chapter 4008 to read as follows:
16	16	CHAPTER 4008. LEGACY MUNICIPAL MANAGEMENT DISTRICT
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 4008.0101. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the district's board of directors.
20	20	(2) "County" means Webb County.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Legacy Municipal Management
23	23	District, formerly the Legacy Water Control and Improvement
24	24	District.
25	25	Sec. 4008.0102. NATURE OF DISTRICT; CONVERSION. The Legacy
26	26	Municipal Management District is a special district created under
27	27	Section 59, Article XVI, Texas Constitution, as the Legacy Water
28	28	Control and Improvement District. The district is converted to a
29	29	municipal management district known as the Legacy Municipal
30	30	Management District under the same constitutional authority.
31	31	Sec. 4008.0103. PURPOSE; DECLARATION OF INTENT. (a) The
32	32	conversion and operation of the district are essential to
33	33	accomplish the purposes of Sections 52 and 52-a, Article III, and
34	34	Section 59, Article XVI, Texas Constitution, and other public
35	35	purposes stated in this chapter. By converting the district to a
36	36	municipal management district and in authorizing the county and
37	37	other political subdivisions to contract with the district, the
38	38	legislature has established a program to accomplish the public
39	39	purposes set out in Section 52-a, Article III, Texas Constitution.
40	40	(b) The conversion and operation of the district are
41	41	necessary to promote, develop, encourage, and maintain employment,
42	42	commerce, transportation, housing, tourism, recreation, the arts,
43	43	entertainment, economic development, safety, and the public
44	44	welfare in the district.
45	45	(c) This chapter and the conversion or operation of the
46	46	district may not be interpreted to relieve the county from
47	47	providing the level of services provided as of the effective date of
48	48	the Act enacting this chapter to the area in the district. The
49	49	district is created to supplement and not to supplant county
50	50	services provided in the district.
51	51	Sec. 4008.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
52	52	(a) The district is converted to a municipal management district to
53	53	serve a public use and benefit.
54	54	(b) All land and other property included in the district
55	55	will benefit from the improvements and services to be provided by
56	56	the district under powers conferred by Sections 52 and 52-a,
57	57	Article III, and Section 59, Article XVI, Texas Constitution, and
58	58	other powers granted under this chapter.
59	59	(c) The conversion and operation of the district is in the
60	60	public interest and is essential to further the public purposes of:
61	61	(1) developing and diversifying the economy of the
62	62	state;
63	63	(2) eliminating unemployment and underemployment; and
64	64	(3) developing or expanding transportation and
65	65	commerce.
66	66	(d) The district will:
67	67	(1) promote the health, safety, and general welfare of
68	68	residents, employers, potential employees, employees, visitors,
69	69	and consumers in the district, and of the public;
70	70	(2) provide needed funding for the district to
71	71	preserve, maintain, and enhance the economic health and vitality of
72	72	the district territory as a community and business center;
73	73	(3) promote the health, safety, welfare, and enjoyment
74	74	of the public by providing pedestrian ways and by landscaping and
75	75	developing certain areas in the district, which are necessary for
76	76	the restoration, preservation, and enhancement of scenic beauty;
77	77	and
78	78	(4) provide for water, wastewater, drainage, road, and
79	79	recreational facilities for the district.
80	80	(e) Pedestrian ways along or across a street, whether at
81	81	grade or above or below the surface, and street lighting, street
82	82	landscaping, parking, and street art objects are parts of and
83	83	necessary components of a street and are considered to be a street
84	84	or road improvement.
85	85	(f) The district will not act as the agent or
86	86	instrumentality of any private interest even though the district
87	87	will benefit many private interests as well as the public.
88	88	Sec. 4008.0105. INITIAL DISTRICT TERRITORY. (a) The
89	89	district is initially composed of the territory described by
90	90	Section 3 of the Act enacting this chapter.
91	91	(b) The boundaries and field notes contained in Section 3 of
92	92	the Act enacting this chapter form a closure. A mistake in the
93	93	field notes or in copying the field notes in the legislative process
94	94	does not affect the district's:
95	95	(1) organization, existence, or validity;
96	96	(2) right to issue any type of bonds for the purposes
97	97	for which the district is created or to pay the principal of and
98	98	interest on the bonds;
99	99	(3) right to impose or collect an assessment or tax; or
100	100	(4) legality or operation.
101	101	Sec. 4008.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
102	102	All or any part of the area of the district is eligible to be
103	103	included in:
104	104	(1) a tax increment reinvestment zone created under
105	105	Chapter 311, Tax Code; or
106	106	(2) a tax abatement reinvestment zone created under
107	107	Chapter 312, Tax Code.
108	108	Sec. 4008.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
109	109	DISTRICTS LAW. Except as otherwise provided by this chapter,
110	110	Chapter 375, Local Government Code, applies to the district.
111	111	Sec. 4008.0108. CONSTRUCTION OF CHAPTER. This chapter
112	112	shall be liberally construed in conformity with the findings and
113	113	purposes stated in this chapter.
114	114	SUBCHAPTER B. BOARD OF DIRECTORS
115	115	Sec. 4008.0201. GOVERNING BODY; TERMS. (a) The district is
116	116	governed by a board of five directors.
117	117	(b) Directors serve staggered four-year terms.
118	118	Sec. 4008.0202. RECOMMENDATIONS FOR SUCCEEDING BOARD. (a)
119	119	The initial and each succeeding board of directors shall, and the
120	120	owners of a majority of the assessed value of property subject to
121	121	assessment by the district may, recommend to the governing body of
122	122	the county persons to serve on the succeeding board.
123	123	(b) After reviewing the recommendations, the governing body
124	124	shall approve or disapprove the directors recommended under
125	125	Subsection (a).
126	126	(c) If the governing body is not satisfied with the
127	127	recommendations submitted under Subsection (a), the board, on the
128	128	request of the governing body, shall submit to the governing body
129	129	additional recommendations.
130	130	(d) Board members may serve successive terms.
131	131	Sec. 4008.0203. REMOVAL OF DIRECTOR. The governing body of
132	132	the county after notice and hearing may remove a director for
133	133	misconduct or failure to carry out the director's duties on
134	134	petition by a majority of the remaining directors.
135	135	Sec. 4008.0204. QUORUM. For purposes of determining the
136	136	requirements for a quorum of the board, the following are not
137	137	counted:
138	138	(1) a board position vacant for any reason, including
139	139	death, resignation, or disqualification; or
140	140	(2) a director who is abstaining from participation in
141	141	a vote because of a conflict of interest.
142	142	Sec. 4008.0205. COMPENSATION. A director is entitled to
143	143	receive fees of office and reimbursement for actual expenses as
144	144	provided by Section 49.060, Water Code. Sections 375.069 and
145	145	375.070, Local Government Code, do not apply to the board.
146	146	Sec. 4008.0206. INITIAL DIRECTORS ON CONVERSION TO
147	147	MANAGEMENT DISTRICT. (a) On the conversion of the district to a
148	148	management district the initial board consists of the following
149	149	directors:
150	150	Pos. No. Name of Director Pos. No. Name of Director
151	151	Pos. No. Name of Director
152	152	1. Richard Jones 1. Richard Jones
153	153	1. Richard Jones
154	154	2. Michael Olson 2. Michael Olson
155	155	2. Michael Olson
156	156	3. Melissa Johnson 3. Melissa Johnson
157	157	3. Melissa Johnson
158	158	4. Kathleen Walker 4. Kathleen Walker
159	159	4. Kathleen Walker
160	160	5. William Baize 5. William Baize
161	161	5. William Baize
162	162	(b) Notwithstanding Section 4008.0201, of the initial
163	163	directors, the terms of directors appointed for positions one, two,
164	164	and three expire June 1, 2024, and the terms of directors appointed
165	165	for positions four and five expire June 1, 2026.
166	166	(c) This section expires September 1, 2026.
167	167	SUBCHAPTER C. POWERS AND DUTIES
168	168	Sec. 4008.0301. GENERAL POWERS AND DUTIES. The district
169	169	has the powers and duties necessary to accomplish the purposes for
170	170	which the district is created.
171	171	Sec. 4008.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
172	172	district, using any money available to the district for the
173	173	purpose, may provide, design, construct, acquire, improve,
174	174	relocate, operate, maintain, or finance an improvement project or
175	175	service authorized under this chapter or Chapter 375, Local
176	176	Government Code.
177	177	(b) The district may contract with a governmental or private
178	178	entity to carry out an action under Subsection (a).
179	179	(c) The implementation of a district project or service is a
180	180	governmental function or service for the purposes of Chapter 791,
181	181	Government Code.
182	182	Sec. 4008.0303. LAW ENFORCEMENT SERVICES. To protect the
183	183	public interest, the district may contract with a qualified party,
184	184	including the county, to provide law enforcement services in the
185	185	district for a fee.
186	186	Sec. 4008.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
187	187	The district may join and pay dues to a charitable or nonprofit
188	188	organization that performs a service or provides an activity
189	189	consistent with the furtherance of a district purpose.
190	190	Sec. 4008.0305. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
191	191	district may engage in activities that accomplish the economic
192	192	development purposes of the district.
193	193	(b) The district may establish and provide for the
194	194	administration of one or more programs to promote state or local
195	195	economic development and to stimulate business and commercial
196	196	activity in the district, including programs to:
197	197	(1) make loans and grants of public money; and
198	198	(2) provide district personnel and services.
199	199	(c) The district may create economic development programs
200	200	and exercise the economic development powers provided to
201	201	municipalities by:
202	202	(1) Chapter 380, Local Government Code; and
203	203	(2) Subchapter A, Chapter 1509, Government Code.
204	204	Sec. 4008.0306. PARKING FACILITIES. (a) The district may
205	205	acquire, lease as lessor or lessee, construct, develop, own,
206	206	operate, and maintain parking facilities or a system of parking
207	207	facilities, including lots, garages, parking terminals, or other
208	208	structures or accommodations for parking motor vehicles off the
209	209	streets and related appurtenances.
210	210	(b) The district's parking facilities serve the public
211	211	purposes of the district and are owned, used, and held for a public
212	212	purpose even if leased or operated by a private entity for a term of
213	213	years.
214	214	(c) The district's parking facilities are parts of and
215	215	necessary components of a street and are considered to be a street
216	216	or road improvement.
217	217	(d) The development and operation of the district's parking
218	218	facilities may be considered an economic development program.
219	219	Sec. 4008.0307. ADDING OR EXCLUDING LAND. The district may
220	220	add or exclude land in the manner provided by Subchapter J, Chapter
221	221	49, Water Code, or by Subchapter H, Chapter 54, Water Code.
222	222	Sec. 4008.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The
223	223	board by resolution shall establish the number of directors'
224	224	signatures and the procedure required for a disbursement or
225	225	transfer of district money.
226	226	Sec. 4008.0309. NO EMINENT DOMAIN POWER. The district may
227	227	not exercise the power of eminent domain.
228	228	SUBCHAPTER D. ASSESSMENTS
229	229	Sec. 4008.0401. PETITION REQUIRED FOR FINANCING SERVICES
230	230	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
231	231	service or improvement project with assessments under this chapter
232	232	unless a written petition requesting that service or improvement
233	233	has been filed with the board.
234	234	(b) A petition filed under Subsection (a) must be signed by
235	235	the owners of a majority of the assessed value of real property in
236	236	the district subject to assessment according to the most recent
237	237	certified tax appraisal roll for the county.
238	238	Sec. 4008.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
239	239	The board by resolution may impose and collect an assessment for any
240	240	purpose authorized by this chapter in all or any part of the
241	241	district.
242	242	(b) An assessment, a reassessment, or an assessment
243	243	resulting from an addition to or correction of the assessment roll
244	244	by the district, penalties and interest on an assessment or
245	245	reassessment, an expense of collection, and reasonable attorney's
246	246	fees incurred by the district:
247	247	(1) are a first and prior lien against the property
248	248	assessed;
249	249	(2) are superior to any other lien or claim other than
250	250	a lien or claim for county, school district, or municipal ad valorem
251	251	taxes; and
252	252	(3) are the personal liability of and a charge against
253	253	the owners of the property even if the owners are not named in the
254	254	assessment proceedings.
255	255	(c) The lien is effective from the date of the board's
256	256	resolution imposing the assessment until the date the assessment is
257	257	paid. The board may enforce the lien in the same manner that the
258	258	board may enforce an ad valorem tax lien against real property.
259	259	(d) The board may make a correction to or deletion from the
260	260	assessment roll that does not increase the amount of assessment of
261	261	any parcel of land without providing notice and holding a hearing in
262	262	the manner required for additional assessments.
263	263	SUBCHAPTER E. TAXES AND BONDS
264	264	Sec. 4008.0501. TAX ELECTION REQUIRED. (a) The district
265	265	must hold an election in the manner provided by Chapter 49, Water
266	266	Code, or, if applicable, Chapter 375, Local Government Code, to
267	267	obtain voter approval before the district may impose an ad valorem
268	268	tax.
269	269	(b) Section 375.243, Local Government Code, does not apply
270	270	to the district.
271	271	Sec. 4008.0502. OPERATION AND MAINTENANCE TAX. (a) If
272	272	authorized by a majority of the district voters voting at an
273	273	election under or in accordance with Section 4008.0501, the
274	274	district may impose an operation and maintenance tax on taxable
275	275	property in the district in the manner provided by or in accordance
276	276	with Section 49.107, Water Code, for any district purpose,
277	277	including to:
278	278	(1) maintain and operate the district;
279	279	(2) construct or acquire improvements; or
280	280	(3) provide a service.
281	281	(b) The district may impose an operation and maintenance tax
282	282	previously approved by a majority of the voters of the former Legacy
283	283	Water Control and Improvement District.
284	284	(c) The board shall determine the operation and maintenance
285	285	tax rate. The rate may not exceed:
286	286	(1) if the district has not held an election under
287	287	Subsection (a), the rate approved at an election described by
288	288	Subsection (b); or
289	289	(2) if the district has held an election under
290	290	Subsection (a), the rate approved at that election.
291	291	Sec. 4008.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
292	292	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
293	293	terms determined by the board.
294	294	(b) The district may issue bonds, notes, or other
295	295	obligations payable wholly or partly from ad valorem taxes,
296	296	assessments, impact fees, revenue, contract payments, grants, or
297	297	other district money, or any combination of those sources of money,
298	298	to pay for any authorized district purpose.
299	299	Sec. 4008.0504. OBLIGATIONS SECURED BY REVENUE OR CONTRACT
300	300	PAYMENTS. The district may issue, without an election, bonds,
301	301	notes, and other obligations secured by:
302	302	(1) revenue other than ad valorem taxes, including
303	303	contract revenues; or
304	304	(2) contract payments, provided that the requirements
305	305	of Section 49.108, Water Code, have been met.
306	306	Sec. 4008.0505. BONDS SECURED BY AD VALOREM TAXES;
307	307	ELECTIONS. (a) If authorized at an election under Section
308	308	4008.0501, the district may issue bonds payable from ad valorem
309	309	taxes.
310	310	(b) At the time the district issues bonds payable wholly or
311	311	partly from ad valorem taxes, the board shall provide for the annual
312	312	imposition of a continuing direct annual ad valorem tax, without
313	313	limit as to rate or amount, for each year that all or part of the
314	314	bonds are outstanding as required and in the manner provided by
315	315	Sections 54.601 and 54.602, Water Code.
316	316	(c) All or any part of any facilities or improvements that
317	317	may be acquired by a district by the issuance of its bonds may be
318	318	submitted as a single proposition or as several propositions to be
319	319	voted on at the election.
320	320	Sec. 4008.0506. CONSENT OF COUNTY REQUIRED. (a) The board
321	321	may not issue bonds until the county has consented by resolution to
322	322	the conversion of the Legacy Water Control and Improvement District
323	323	to a municipal management district and to the inclusion of land in
324	324	the district.
325	325	(b) This section applies only to the district's first
326	326	issuance of bonds payable from ad valorem taxes.
327	327	SUBCHAPTER I. DISSOLUTION AND MUNICIPAL ANNEXATION
328	328	Sec. 4008.0901. DISSOLUTION. (a) The board shall dissolve
329	329	the district on written petition filed with the board by the owners
330	330	of:
331	331	(1) at least two-thirds of the assessed value of the
332	332	property subject to assessment by the district based on the most
333	333	recent certified county property tax rolls; or
334	334	(2) at least two-thirds of the surface area of the
335	335	district, excluding roads, streets, highways, utility
336	336	rights-of-way, other public areas, and other property exempt from
337	337	assessment by the district according to the most recent certified
338	338	county property tax rolls.
339	339	(b) The board by majority vote may dissolve the district at
340	340	any time.
341	341	(c) The district may not be dissolved by its board under
342	342	Subsection (a) or (b) if the district:
343	343	(1) has any outstanding bonded indebtedness until that
344	344	bonded indebtedness has been repaid or defeased in accordance with
345	345	the order or resolution authorizing the issuance of the bonds;
346	346	(2) has a contractual obligation to pay money until
347	347	that obligation has been fully paid in accordance with the
348	348	contract; or
349	349	(3) owns, operates, or maintains public works,
350	350	facilities, or improvements unless the district contracts with
351	351	another person for the ownership, operation, or maintenance of the
352	352	public works, facilities, or improvements.
353	353	(d) Sections 375.261, 375.262, and 375.264, Local
354	354	Government Code, do not apply to the district.
355	355	Sec. 4008.0902. MUNICIPAL ANNEXATION. The district is a
356	356	"water or sewer district" under Section 43.071, Local Government
357	357	Code.
358	358	SECTION 3. The Legacy Municipal Management District
359	359	initially includes all territory contained in the following area:
360	360	Pilas Tract: Being a tract or parcel containing 3,971.307
361	361	acres (172,990,131 square feet) of land situated in Webb County,
362	362	Texas and being all of a called 1,613.545 acre tract described in
363	363	deed to Huisache Cattle Company, Ltd. recorded in Volume 645, Page,
364	364	72 of the Webb County Deed Records (having 9.217 acres (401,478
365	365	square feet) within the right-of-way of U.S. Highway 83 per
366	366	right-of-way map of State Highway No.(4) U.S. 83, File Number
367	367	SP718F - Control 37-10-1 and being combined with all of a called
368	368	2,357.64 acres described in deed to Huisache Cattle Company, Ltd.
369	369	recorded in Volume 87, Page 876 of the Webb County Deed Records,
370	370	said 3,971.307 acres tract being more particularly described by
371	371	metes and bounds as follows: (Bearings cited herein are based on the
372	372	Texas State Plane Coordinate System, South Zone, NAD 83, are
373	373	surface and may be converted to grid applying a combined scale
374	374	factor of 1.00003144444054)
375	375	BEGINNING at a point in the centerline of U.S. Highway 83,
376	376	north line of Section 1712 and the south line of Section 1932 for
377	377	the northwest corner of the herein described tract;
378	378	THENCE, North 89°57'16" East, along the north line of Section
379	379	1712 and the south line of Section 1932, at a distance of 50.21 feet
380	380	passing a fence on the east right-of-way line of said U.S. Highway
381	381	83, continuing for a total distance of 1,520.63 feet to a point for
382	382	corner;
383	383	THENCE, North 89°53'33" East, a distance of 10,741.46 feet to
384	384	a point in the west line of Section Number 161 for the southeast
385	385	corner of Section Number 1864, the northwest corner of said called
386	386	2,357.64 acre tract, the northeast corner of Section Number 1711
387	387	and said called 1,613.545 acre tract and an angle corner of the
388	388	herein described tract;
389	389	THENCE, North 65°39'04" East, a distance of 30.49 feet to a
390	390	point for corner;
391	391	THENCE, North 89°33'48" East, a distance of 4,238.72 feet to a
392	392	found 1/2-inch iron rod marking an angle corner of the herein
393	393	described tract;
394	394	THENCE, South 01°13'56" West, a distance of 218.76 feet to a
395	395	point for corner;
396	396	THENCE, South 16°54'50" East, a distance of 1,161.67 feet to a
397	397	found 1/2-inch iron rod marking an angle corner of the herein
398	398	described tract;
399	399	THENCE, South 88°10'20" East, a distance of 5,602.88 feet to a
400	400	fence corner in the west line of the Missouri Railroad right-of-way
401	401	line marking the northeast corner of said called 2,357.64 acre
402	402	tract and of the herein described tract;
403	403	THENCE, South 04°24'06" West, a distance of 1,545.87 feet to a
404	404	point for corner;
405	405	THENCE, South 06°21'24" West, a distance of 401.86 feet to a
406	406	point for corner;
407	407	THENCE, South 10°41'28" West, a distance of 415.71 feet to a
408	408	point for corner;
409	409	THENCE, South 13°24'58" West, a distance of 258.75 feet to a
410	410	point for corner;
411	411	THENCE, South 15°19'45" West, a distance of 8,091.98 feet to a
412	412	found magnail in fence line marking the southeast corner of said
413	413	called 2,357.64 acre tract and of the herein described tract;
414	414	THENCE, South 89°57'45" West, a distance of 2,483.67 feet to a
415	415	1/2-inch iron rod in the east line of Section Number 1321 marking
416	416	the northwest corner of Section Number 302, the southwest corner of
417	417	Section Number 301 and an angle corner of the herein described
418	418	tract;
419	419	THENCE, South 00°31'20" East, along the east line of Section
420	420	Number 1321 and the west line of Section Number 302, a distance of
421	421	1,202.46 feet to a fence corner marking the northeast corner of
422	422	Section Number 1322, the southeast corner of Section Number 1321
423	423	and an angle corner of the herein described tract;
424	424	THENCE, South 89°32'30" West, along the north line of Section
425	425	Number 1322, the south line of Section Number 1321, a distance of
426	426	4,733.14 feet to a fence corner marking the most southeasterly
427	427	northeast corner of Section Number 2311, the southwest corner of
428	428	Section Number 1321 and an angle corner of the herein described
429	429	tract;
430	430	THENCE, North 00°15'07" West, along the east line of Section
431	431	Number 2311 and the west line of Section Number 1321, a distance of
432	432	762.70 feet to a found 2-inch iron pipe marking the northeast corner
433	433	of Section Number 2311, the southeast corner of Section Number 739
434	434	and an angle corner of the herein described tract;
435	435	THENCE, North 09°40'01" East, along the east line of Section
436	436	Number 739 and the west line of Section Number 132,1 a distance of
437	437	5,475.68 feet to a fence corner in the south line of Section Number
438	438	162 marking the northeast corner of Section Number 739, the
439	439	northwest corner of Section Number 1321 and an angle corner of the
440	440	herein described tract;
441	441	THENCE, South 89°47'03" West, along the south line of Section
442	442	Number 162 and the north line of Section Number 739, a distance of
443	443	1,428.41 feet to a fence corner marking the southwest corner of
444	444	Section Number 162 and an angle corner of the herein described
445	445	tract;
446	446	THENCE, North 00°10'20" West, a distance of 71.90 feet to a
447	447	fence corner marking the southeast corner of Section Number 1711
448	448	and an angle corner of the herein described tract;
449	449	THENCE, North 80°11'08" West, along the south line of Section
450	450	Numbers 1711 and 1712, along the north line of Section Numbers 739,
451	451	1711 and 430, a distance of 11,354.62 feet to a found 5/8-inch iron
452	452	rod with plastic cap stamped "Howland Survey" marking the northwest
453	453	corner of Section Number 430, the northeast corner of Section
454	454	Number 429 and an angle corner of the herein described tract;
455	455	THENCE, North 80°01'11" West, along the north line of Section
456	456	Number 429 and the south line of Section Number 1712, a distance of
457	457	693.31 feet to a point in the centerline of U.S. Highway 83 for the
458	458	southwest corner of the herein described tract;
459	459	THENCE, North 05°09'04" West, along the centerline of U.S.
460	460	Highway 83, a distance of 4,835.30 feet to the POINT OF BEGINNING
461	461	and containing 3,971.307 acres (172,990,131 square feet) of land.
462	462	Colorados Tract: Being a tract or parcel containing 2809.853
463	463	acres (122,397,204 square feet) of land situated in Webb County,
464	464	Texas and being the remainder of a called 6,354.8676 acre tract
465	465	described in deed to Huisache Cattle Company, Ltd. Recorded in
466	466	Volume 1109, Page, 632 of the Webb County Deed Records (having 7.474
467	467	acres (325,559 square feet) within the right-of-way of U.S. Highway
468	468	83 per right-of-way map of State Highway No.(4) U.S. 83, File Number
469	469	SP718F - Control 37-10-1), said 2809.853 acres tract being more
470	470	particularly described by metes and bounds as follows: (Bearings
471	471	cited herein are based on the Texas State Plane Coordinate System,
472	472	South Zone, NAD 83, are surface and may be converted to grid
473	473	applying a combined scale factor of 1.00003144444054)
474	474	BEGINNING at a fence corner in the west line of Section Number
475	475	429, the northeast corner of Section Number 431, the southeast
476	476	corner of Section Number 432, the southwest corner of a 60 foot wide
477	477	access lane connecting with U.S. Highway 83, an angle corner and
478	478	POINT OF BEGINNING of the herein described tract;
479	479	THENCE, North 09°59'17" East, along the east line of Section
480	480	Number 432 and the west line of Section Number 429, a distance of
481	481	30.00 feet to a point for corner;
482	482	THENCE, South 79°48'51" East, along the center of said 60 foot
483	483	wide access lane, a distance of 5,442.91 feet to a point in the west
484	484	right-of-way line of U.S. Highway 83 for the northeast corner of the
485	485	herein described tract;
486	486	THENCE with the west right-of-way line of U.S. Highway 83 the
487	487	following seven (7) courses and distances:
488	488	South 05°07'37" East, a distance of 130.69 feet to a point for
489	489	corner;
490	490	South 84°52'23" West, a distance of 100.00 feet to a point for
491	491	corner;
492	492	South 05°07'37' East, a distance of 700.00 feet to a point for
493	493	corner;
494	494	North 84°52'23" East, a distance of 100.00 feet to a point of
495	495	corner;
496	496	South 05°07'37" East, a distance of 300.00 feet to a point for
497	497	corner;
498	498	South 84°52'23" West, a distance of 10.00 feet to a point for
499	499	corner;
500	500	South 05°07'37" East, a distance of 857.39 feet to a point in
501	501	the south line of Section 430 and the north line of Section Number
502	502	427 for corner;
503	503	THENCE, South 80°03'43" East, along the south line of Section
504	504	430 and the north line of Section Number 427, a distance of 113.92
505	505	feet to a point in the east right-of-way line of U.S. Highway 83 for
506	506	corner;
507	507	THENCE with the east right-of-way line of U.S. Highway 83 the
508	508	following five (5) courses and distances:
509	509	South 05°07'37" East, a distance of 1,213.00 feet to a point
510	510	for corner;
511	511	North 84°52'23" East, a distance of 100.00 feet to a point for
512	512	corner;
513	513	South 05°07'37" East, a distance of 600.00 feet to a point for
514	514	corner;
515	515	South 84°52'23" West, a distance of 100.00 feet to a point for
516	516	corner;
517	517	South 05°07'37" East, a distance of 509.15 feet to a point of
518	518	intersection with the east line of Section Number 427 and the west
519	519	line of Section Number 428 for corner;
520	520	THENCE, South 09°56'17" West, crossing U.S. Highway 83 with
521	521	the east line of Section Number 427 and the west line of Section
522	522	Number 428, a distance of 384.74 feet to a point in the west
523	523	right-of-way line of U.S. Highway 83 for corner;
524	524	THENCE with the west right-of-way line of U.S. Highway 83 the
525	525	following five (5) courses and distances:
526	526	South 05°07'37" East, a distance of 3,709.34 feet to a point
527	527	for corner;
528	528	South 84°52'23" West, a distance of 200.00 feet to a point for
529	529	corner;
530	530	South 05°07'37" East, a distance of 20.00 feet to a point for
531	531	corner;
532	532	North 84°52'23" East, a distance of 200.00 feet to a point for
533	533	corner;
534	534	South 05°14'13" East, a distance of 1,851.67 feet to a point
535	535	in the north right-of-way line of State Highway 255 (Camino
536	536	Colombia Toll Road) for the southeast corner of the herein
537	537	described tract;
538	538	THENCE with the north right-of-way line of State Highway 255
539	539	(Camino Colombia Toll Road) the following three (3) courses and
540	540	distances:
541	541	South 66°09'45" West, a distance of 1,170.41 feet to a point
542	542	for corner;
543	543	South 69°13'50" West, a distance of 5,500.00 feet to a point
544	544	for corner;
545	545	South 73°38'56" West, a distance of 1009.82 feet to a point in
546	546	the west right-of-way line of Jefferies Road (40 foot wide) for the
547	547	southwest corner of the herein described tract;
548	548	THENCE, North 21°46'40" West, along the west right-of-way
549	549	line of Jefferies Road, a distance of 2,101.65 feet to a point for
550	550	corner;
551	551	THENCE, North 21°46'40" West, continuing along the west
552	552	right-of-way line of Jefferies Road, a distance of 5,282.14 feet to
553	553	a point for corner;
554	554	THENCE, North 21°44'42" West, a distance of 39.79 feet to a
555	555	point for corner;
556	556	THENCE, North 68°10'39" East, a distance of 41.03 feet to a
557	557	point for corner;
558	558	THENCE, North 21°15'49" West, a distance of 5,690.77 feet to a
559	559	fence corner in the west line of Section 431 and for the southeast
560	560	corner of Section Number 433, the northeast corner of Section
561	561	Number 437, the most southerly corner of Section Number 2148, and an
562	562	angle corner of the herein described tract;
563	563	THENCE, North 10°08'29" East, along the east line of Section
564	564	Number 2148 and the west line of Section Number 431, a distance of
565	565	2,654.82 feet to a point for corner;
566	566	THENCE, South 79°44'21" East, along the south line of Section
567	567	Number 432 and the north line of Section Number 431, a distance of
568	568	2,670.37 feet to a point for corner;
569	569	THENCE, South 79°55'39" East, continuing along the south line
570	570	of Section Number 432 and the north line of Section Number 431, a
571	571	distance of 2,621.70 feet to the POINT OF BEGINNING and containing
572	572	2809.853 acres (122,397,204 square feet) of land.
573	573	Mary Kay Tract: Being a tract or parcel containing 2,828.368
574	574	acres (123,203,717 square feet) of land situated in Webb County,
575	575	Texas and being all of a called 2,827.868 acre tract described in
576	576	deed to Simeon Escondido, LLC recorded in Volume 5058, Page, 145 of
577	577	the Official Public Records of Webb County (having 8.764 acres
578	578	(381,751 square feet) within the right-of-way of U.S. Highway 83
579	579	per right-of-way map of State Highway No.(4) U.S. 83, File Number
580	580	SP718F - Control 37-10-1), said 2,828.37 acres tract being more
581	581	particularly described by metes and bounds as follows: (Bearings
582	582	cited herein are based on the Texas State Plane Coordinate System,
583	583	South Zone, NAD 83, are surface and may be converted to grid
584	584	applying a combined scale factor of 1.00003144444054)
585	585	BEGINNING at a fence corner marking the northwest corner of a
586	586	called 2,079.865 acre tract described in deed to Huisache Cattle
587	587	Company, Ltd. recorded in Volume 166, Page 832 of the Webb County
588	588	Deed Records and the northwest corner of Section Number 365;
589	589	THENCE, North 89°46'52" East, a distance of 4,226.45 feet to a
590	590	fence corner marking the northeast corner of Section Number 365;
591	591	THENCE, North 00°15'28" West, a distance of 1,766.62 feet to a
592	592	found 1/2-inch iron rod marking the northwest corner of Section
593	593	Number 364;
594	594	THENCE, North 89°49'03" East, a distance of 6,325.20 feet to a
595	595	found 1/2-inch iron rod in the west right-of-way line of Missouri
596	596	Pacific Railway and marking the northwest corner of Section Number
597	597	364 and the northeast corner of said called 2,079.865 acre tract;
598	598	THENCE along said west right-of-way line of Missouri Pacific
599	599	Railway the following three (3) courses and distances:
600	600	South 15°15'10" West, a distance of 975.41 feet to a fence
601	601	corner;
602	602	South 15°22'36" West, a distance of 5,850.97 feet to a fence
603	603	corner;
604	604	South 15°14'37" West, a distance of 4,422.42 feet to a found
605	605	1/2-inch iron rod marking the intersection of said west
606	606	right-of-way line of Missouri Pacific Railway and the north
607	607	right-of-way line of Webb Road (variable width) marking the
608	608	southeast corner of said called 2,079.865 acre tract;
609	609	THENCE along said north right-of-way line of Webb Road the
610	610	following sixteen (16) courses and distances:
611	611	South 89°09'29" West, a distance of 1,193.75 feet to a point
612	612	for corner;
613	613	North 58°07'19" West, a distance of 103.62 feet to a point for
614	614	corner;
615	615	South 89°39'12" West, a distance of 2,146.38 feet to a point
616	616	for corner;
617	617	North 50°14'54" West, a distance of 17.15 feet to a point for
618	618	corner;
619	619	North 66°50'21" West, a distance of 190.16 feet to a point for
620	620	corner;
621	621	North 61°02'47" West, a distance of 784.40 feet to a point for
622	622	corner;
623	623	North 59°54'12" West, a distance of 852.49 feet to a point for
624	624	corner;
625	625	North 55°19'56" West, a distance of 298.30 feet to a point for
626	626	corner;
627	627	North 85°28'43" West, a distance of 130.46 feet to a point for
628	628	corner;
629	629	South 82°11'14" West, a distance of 370.50 feet to a point for
630	630	corner;
631	631	North 86°09'22" West, a distance of 93.50 feet to a point for
632	632	corner;
633	633	North 78°36'04" West, a distance of 493.77 feet to a point for
634	634	corner;
635	635	North 71°50'14" West, a distance of 76.42 feet to a point for
636	636	corner;
637	637	North 61°10'29" West, a distance of 446.90 feet to a point for
638	638	corner;
639	639	North 47°43'13" West, a distance of 623.92 feet to a fence
640	640	corner;
641	641	North 86°18'49" West, a distance of 1,355.92 feet to a point
642	642	in an east line of a called 748.003 acre tract described in deed to
643	643	Huisache Cattle Company, Ltd. recorded in Volume 166, Page 832 of
644	644	the Webb County Deed Records and the southwest corner of said called
645	645	2,079.865 acre tract;
646	646	THENCE, South 02°36'57" West, over and across said Webb Road,
647	647	a distance of 47.72 feet to a point in the south right-of-way line
648	648	of said Webb Road;
649	649	THENCE along said south right-of-way line of Webb Road the
650	650	following three (3) courses and distances:
651	651	North 80°08'21" West, a distance of 1,032.58 feet;
652	652	North 80°13'29" West, a distance of 32.50 feet;
653	653	North 73°38'40" West, a distance of 3,821.11 feet to a point
654	654	for the intersection of said Webb Road and the centerline of U.S.
655	655	Highway 83 (variable width) for the southwest corner of said called
656	656	748.003 acre tract;
657	657	THENCE, North 05°10'00" West, along said centerline of U.S.
658	658	Highway 83, a distance of 5,896.54 feet to a point for the northwest
659	659	corner of said called 748.003 acre tract;
660	660	THENCE, South 80°01'13" East, a distance of 6,230.95 feet to a
661	661	fence corner;
662	662	THENCE, North 08°49'51" East, a distance of 1,159.98 feet to
663	663	the POINT OF BEGINNING and containing 2,828.368 acres (123,203,717
664	664	square feet) of land.
665	665	Webb Tract: Being a tract or parcel containing 1,696.848
666	666	acres (73,914,677 square feet) of land situated in Webb County,
667	667	Texas and being out of and a part of a called 1,822.50 acre tract
668	668	described in deed to Huisache Cattle Company, Ltd. recorded in
669	669	Volume 841, Page, 814 of the Webb County Deed Records, said
670	670	1,696.848 acres tract being more particularly described by metes
671	671	and bounds as follows: (Bearings cited herein are based on the Texas
672	672	State Plane Coordinate System, South Zone, NAD 83, are surface and
673	673	may be converted to grid applying a combined scale factor of
674	674	1.00003144444054)
675	675	BEGINNING at a fence corner marking the common corners of
676	676	Section Number 362, 363, 1606, 1593 and an angle corner of the
677	677	herein described tract;
678	678	THENCE, North 89°25'08" West, a distance of 1,318.28 feet to a
679	679	found 1/2-inch iron rod in the east right-of-way line of Interstate
680	680	Highway 35 (variable width) marking the southwest corner of the
681	681	herein described tract;
682	682	THENCE with said east right-of-way line of Interstate Highway
683	683	35 the following nine (9) courses and distances:
684	684	North 12°32'12" East, a distance of 1,260.55 feet to a fence
685	685	post for corner and beginning of a curve to the left;
686	686	Northeasterly, along a non-tangent curve to the left, having
687	687	a radius of 1,948.57 feet, with an arc length of 422.06 feet, a
688	688	chord bearing and distance of North 06°18'36" East, 421.24 feet to a
689	689	fence post for corner;
690	690	North 00°00'40" East, a distance of 296.40 feet to a fence
691	691	post for corner;
692	692	North 66°59'21" East, a distance of 40.19 feet to a fence post
693	693	for corner;
694	694	North 12°08'53" East, a distance of 70.85 feet to a fence post
695	695	for corner;
696	696	North 48°56'46" West, a distance of 64.62 feet to a fence post
697	697	for corner and the beginning of a curve to the right;
698	698	Northeasterly, along a non-tangent curve to the right, having
699	699	a radius of 1,888.99 feet, with an arc length of 374.29 feet, a
700	700	chord bearing and distance of North 09°43'00" East, 373.68 feet to a
701	701	fence post for corner;
702	702	North 15°17'07" East, a distance of 610.18 feet to a fence
703	703	post for corner;
704	704	North 15°18'24" East, a distance of 495.69 feet to a fence
705	705	post for the northwest corner of the herein described tract;
706	706	THENCE, North 89°29'54" East, a distance of 15,726.16 feet to
707	707	a fence post for the northeast corner of the herein described tract;
708	708	THENCE, South 00°32'58" East, a distance of 1,914.30 feet to a
709	709	fence post for corner;
710	710	THENCE, South 89°29'51" West, a distance of 6,231.04 feet to a
711	711	fence post for corner;
712	712	THENCE, South 00°12'48" East, a distance of 5,187.59 feet to a
713	713	fence post for the southeast corner of Section Number 1963 and the
714	714	herein described tract;
715	715	THENCE, North 89°46'59" West, a distance of 1,927.01 feet to a
716	716	fence post for corner;
717	717	THENCE, South 00°26'24" East, a distance of 187.62 feet to a
718	718	fence post for corner;
719	719	THENCE, North 89°57'49" West, a distance of 1,596.00 feet to a
720	720	fence post for corner;
721	721	THENCE, North 69°14'50" West, a distance of 5,746.17 feet to a
722	722	fence post for corner;
723	723	THENCE, North 00°05'46" East, a distance of 1,640.56 feet to
724	724	the POINT OF BEGINNING and containing 1,696.848 acres (73,914,677
725	725	square feet) of land.
726	726	SECTION 4. The Legacy Municipal Management District retains
727	727	all rights, powers, privileges, authority, duties, and functions
728	728	that the Legacy Water Control and Improvement District had before
729	729	the effective date of this Act, except as otherwise expressly
730	730	provided by Chapter 4008, Special District Local Laws Code, as
731	731	added by this Act.
732	732	SECTION 5. (a) The legislature validates and confirms all
733	733	governmental acts and proceedings of the Legacy Water Control and
734	734	Improvement District that were taken before the effective date of
735	735	this Act.
736	736	(b) This section does not apply to any matter that on the
737	737	effective date of this Act:
738	738	(1) is involved in litigation if the litigation
739	739	ultimately results in the matter being held invalid by a final court
740	740	judgment; or
741	741	(2) has been held invalid by a final court judgment.
742	742	SECTION 6. (a) The legal notice of the intention to
743	743	introduce this Act, setting forth the general substance of this
744	744	Act, has been published as provided by law, and the notice and a
745	745	copy of this Act have been furnished to all persons, agencies,
746	746	officials, or entities to which they are required to be furnished
747	747	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
748	748	Government Code.
749	749	(b) The governor, one of the required recipients, has
750	750	submitted the notice and Act to the Texas Commission on
751	751	Environmental Quality.
752	752	(c) The Texas Commission on Environmental Quality has filed
753	753	its recommendations relating to this Act with the governor,
754	754	lieutenant governor, and speaker of the house of representatives
755	755	within the required time.
756	756	(d) The general law relating to consent by political
757	757	subdivisions to the creation of districts with conservation,
758	758	reclamation, and road powers and the inclusion of land in those
759	759	districts has been complied with.
760	760	(e) All requirements of the constitution and laws of this
761	761	state and the rules and procedures of the legislature with respect
762	762	to the notice, introduction, and passage of this Act have been
763	763	fulfilled and accomplished.
764	764	SECTION 7. This Act takes effect immediately if it receives
765	765	a vote of two-thirds of all the members elected to each house, as
766	766	provided by Section 39, Article III, Texas Constitution. If this
767	767	Act does not receive the vote necessary for immediate effect, this
768	768	Act takes effect September 1, 2023.
769	769	______________________________ ______________________________
770	770	President of the Senate Speaker of the House
771	771	I certify that H.B. No. 5405 was passed by the House on May
772	772	12, 2023, by the following vote: Yeas 100, Nays 40, 2 present, not
773	773	voting; and that the House concurred in Senate amendments to H.B.
774	774	No. 5405 on May 26, 2023, by the following vote: Yeas 104, Nays 36,
775	775	1 present, not voting.
776	776	______________________________
777	777	Chief Clerk of the House
778	778	I certify that H.B. No. 5405 was passed by the Senate, with
779	779	amendments, on May 24, 2023, by the following vote: Yeas 29, Nays
780	780	2.
781	781	______________________________
782	782	Secretary of the Senate
783	783	APPROVED: __________________
784	784	Date
785	785	__________________
786	786	Governor
787	787
788	788	Pos. No. Name of Director
789	789
790	790	1. Richard Jones
791	791
792	792	2. Michael Olson
793	793
794	794	3. Melissa Johnson
795	795
796	796	4. Kathleen Walker
797	797
798	798	5. William Baize