Texas 2023 - 88th Regular

Texas Senate Bill SB2580 Compare Versions

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Old	New	Differences
1	1	S.B. No. 2580
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Liberty County Municipal Utility
6	6	District No. 12; granting a limited power of eminent domain;
7	7	providing authority to issue bonds; providing authority to impose
8	8	assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 7977A to read as follows:
12	12	CHAPTER 7977A. LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 12
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 7977A.0101. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means the Liberty County Municipal
20	20	Utility District No. 12.
21	21	Sec. 7977A.0102. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 7977A.0103. CONFIRMATION AND DIRECTOR ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 7977A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section
30	30	7977A.0103 until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district as required by
34	34	applicable law.
35	35	Sec. 7977A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	36	(a) The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 7977A.0106. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 7977A.0201. GOVERNING BODY; TERMS. (a) The district
59	59	is governed by a board of five elected directors.
60	60	(b) Except as provided by Section 7977A.0202, directors
61	61	serve staggered four-year terms.
62	62	Sec. 7977A.0202. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act enacting this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the commission requesting that
66	66	the commission appoint as temporary directors the five persons
67	67	named in the petition. The commission shall appoint as temporary
68	68	directors the five persons named in the petition.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 7977A.0103; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 7977A.0103 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 7977A.0103; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 7977A.0301. GENERAL POWERS AND DUTIES. The district
92	92	has the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 7977A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 7977A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100	100	Section 52, Article III, Texas Constitution, the district may
101	101	design, acquire, construct, finance, issue bonds for, improve,
102	102	operate, maintain, and convey to this state, a county, or a
103	103	municipality for operation and maintenance macadamized, graveled,
104	104	or paved roads, or improvements, including storm drainage, in aid
105	105	of those roads.
106	106	Sec. 7977A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 7977A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	120	ORDINANCE OR RESOLUTION. The district shall comply with all
121	121	applicable requirements of any ordinance or resolution that is
122	122	adopted under Section 54.016 or 54.0165, Water Code, and that
123	123	consents to the creation of the district or to the inclusion of land
124	124	in the district.
125	125	Sec. 7977A.0306. DIVISION OF DISTRICT. (a) The board, on
126	126	its own motion or on receipt of a petition signed by the owner or
127	127	owners of a majority of the assessed value of the real property in
128	128	the district, may adopt an order dividing the district.
129	129	(b) An order dividing a district may create one or more new
130	130	districts and may provide for the continuation of the district.
131	131	(c) An order dividing the district shall:
132	132	(1) name any new district;
133	133	(2) include the metes and bounds description of the
134	134	territory of each of the districts;
135	135	(3) appoint temporary directors for any new district;
136	136	and
137	137	(4) provide for the division of assets and liabilities
138	138	between the districts.
139	139	(d) The board may adopt an order dividing the district
140	140	before or after the date the board holds an election to confirm the
141	141	district's creation.
142	142	(e) The district may be divided only if the district:
143	143	(1) has never issued any bonds; and
144	144	(2) is not imposing ad valorem taxes.
145	145	(f) A new district created by the division of the district
146	146	may not, at the time the new district is created, contain any land
147	147	outside the area described by Section 2 of the Act enacting this
148	148	chapter.
149	149	(g) On or before the 30th day after the date of adoption of
150	150	an order dividing the district, the district shall file the order
151	151	with the commission and record the order in the real property
152	152	records of each county in which the district is located.
153	153	(h) This chapter applies to any new district created by the
154	154	division of the district, and a new district has all the powers and
155	155	duties of the district.
156	156	(i) A new district created by the division of the district
157	157	shall hold a confirmation and directors' election.
158	158	(j) If the creation of the new district is confirmed, the
159	159	new district shall provide the election date and results to the
160	160	commission.
161	161	(k) A new district created by the division of the district
162	162	must hold an election as required by this chapter to obtain voter
163	163	approval before the district may impose a maintenance tax or issue
164	164	bonds payable wholly or partly from ad valorem taxes.
165	165	(l) The district may continue to rely on confirmation,
166	166	directors', bond, or tax elections held prior to the division.
167	167	(m) Municipal consent to the creation of the district and to
168	168	the inclusion of land in the district acts as municipal consent to
169	169	the creation of any new district created by the division of the
170	170	district and to the inclusion of land in the new district.
171	171	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
172	172	Sec. 7977A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
173	173	The district may issue, without an election, bonds and other
174	174	obligations secured by:
175	175	(1) revenue other than ad valorem taxes; or
176	176	(2) contract payments described by Section
177	177	7977A.0403.
178	178	(b) The district must hold an election in the manner
179	179	provided by Chapters 49 and 54, Water Code, to obtain voter approval
180	180	before the district may impose an ad valorem tax or issue bonds
181	181	payable from ad valorem taxes.
182	182	(c) The district may not issue bonds payable from ad valorem
183	183	taxes to finance a road project unless the issuance is approved by a
184	184	vote of a two-thirds majority of the district voters voting at an
185	185	election held for that purpose.
186	186	Sec. 7977A.0402. OPERATION AND MAINTENANCE TAX. (a) If
187	187	authorized at an election held under Section 7977A.0401, the
188	188	district may impose an operation and maintenance tax on taxable
189	189	property in the district in accordance with Section 49.107, Water
190	190	Code.
191	191	(b) The board shall determine the tax rate. The rate may not
192	192	exceed the rate approved at the election.
193	193	Sec. 7977A.0403. CONTRACT TAXES. (a) In accordance with
194	194	Section 49.108, Water Code, the district may impose a tax other than
195	195	an operation and maintenance tax and use the revenue derived from
196	196	the tax to make payments under a contract after the provisions of
197	197	the contract have been approved by a majority of the district voters
198	198	voting at an election held for that purpose.
199	199	(b) A contract approved by the district voters may contain a
200	200	provision stating that the contract may be modified or amended by
201	201	the board without further voter approval.
202	202	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203	203	Sec. 7977A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
204	204	OBLIGATIONS. The district may issue bonds or other obligations
205	205	payable wholly or partly from ad valorem taxes, impact fees,
206	206	revenue, contract payments, grants, or other district money, or any
207	207	combination of those sources, to pay for any authorized district
208	208	purpose.
209	209	Sec. 7977A.0502. TAXES FOR BONDS. At the time the district
210	210	issues bonds payable wholly or partly from ad valorem taxes, the
211	211	board shall provide for the annual imposition of a continuing
212	212	direct ad valorem tax, without limit as to rate or amount, while all
213	213	or part of the bonds are outstanding as required and in the manner
214	214	provided by Sections 54.601 and 54.602, Water Code.
215	215	Sec. 7977A.0503. BONDS FOR ROAD PROJECTS. At the time of
216	216	issuance, the total principal amount of bonds or other obligations
217	217	issued or incurred to finance road projects and payable from ad
218	218	valorem taxes may not exceed one-fourth of the assessed value of the
219	219	real property in the district.
220	220	SECTION 2. The Liberty County Municipal Utility District
221	221	No. 12 initially includes all the territory contained in the
222	222	following area:
223	223	TRACT 1 - 460.66 Acres
224	224	480.66 ACRES OF LAND, SITUATED IN THE F.J. C. SMILEY SURVEY,
225	225	ABSTRACT 345, LIBERTY COUNTY, TEXAS, BEING A PART OF THAT CERTAIN
226	226	590.04 ACRE TRACT DESCRIBED AS TRACT THREE IN A DEED FROM
227	227	INTERNATIONAL PAPER REALTY CORPORATION TO COPPER STATION HOLDINGS,
228	228	LLC RECORDED IN LIBERTY COUNTY CLERK'S FILE 2005004984, SAID 480.66
229	229	ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
230	230	BEGINNING at a concrete monument stamped "CP&F L-160" found
231	231	for the lower Northwest corner of the herein described tract at an
232	232	ell corner of said 590.04 acre tract, the Northeast corner of
233	233	Tarkington Acres, according to the Plat recorded in Volume 8, Page
234	234	21, Liberty County Map Records, and the Southeast corner of a 68.0
235	235	acre tract described in a deed to William L. Bailey recorded in
236	236	Liberty County Clerk's File 2005016474;
237	237	Thence North 53 deg. 34 min. 28 sec. East, along the Southeast
238	238	line of the Bailey tract, a distance of 2533.94 feet to 1/2 inch
239	239	iron rod found for a corner of said Bailey tract;
240	240	Thence North 04 deg. 56 min. 54 sec. West, along the East line
241	241	of the Bailey tract, at 60.20 feet pass a 1 inch iron bar found at
242	242	the Northeast corner of the Bailey tract, being a corner of said
243	243	590.04 acre tract and the Southeast corner of the David L. Muck 10.0
244	244	acre tract described in clerk's File 2005003535, continue along the
245	245	West line of said 590.04 acre tract, at 1024.62 feet pass a 1/2 inch
246	246	iron rod set in the South right-of-way line of County Road 2184,
247	247	from which point a 3/8 inch iron rod found at a fence corner bears
248	248	North 70 deg. 46 min. 06 sec. East - 35.44 feet, and continue for a
249	249	total distance of 1050.63 feet to a 60d nail set for the upper
250	250	Northwest corner of the herein described tract in the centerline of
251	251	County Road 2184, said point being the southwest corner of the
252	252	Kaitlyn Hanka 42.87 acre tract described in Clerk's File
253	253	2005016201;
254	254	Thence North 70 deg. 39 min. 07 sec. East, along the
255	255	centerline of County Road 2184, with the Southerly line of the Hanka
256	256	tract, a distance of 873.25 feet to an angle point;
257	257	Thence North 70 deg. 09 min. 40 sec. East, along the
258	258	centerline of County Road 2184, with the Southerly line of the Hanka
259	259	tract, a distance of 376.40 feet to an angle point;
260	260	Thence North 68 deg. 18 min. 24 sec. East, along the
261	261	centerline of County Road 2184, with the southerly line of the Hanka
262	262	tract, a distance of 110.56 feet to an angle point;
263	263	Thence North 65 deg. 24 min. 12 sec. East, along the
264	264	centerline of County Road 2184, with the Southerly line of the Hanka
265	265	tract, a distance of 50.58 feet to an angle point;
266	266	Thence North 63 deg. 57 min. 20 sec. East, along the
267	267	centerline of County Road 2184, with the southerly line of the Hanka
268	268	tract, a distance of 51.05 feet to an angle point;
269	269	Thence North 61 deg. 43 min. 32 sec. East, along the
270	270	centerline of County Road 2184, with the southerly line of the Hanka
271	271	tract, a distance of 6.88 feet to an angle point;
272	272	Thence North 60 deg. 11 min. 45 Sec. East, along the
273	273	centerline of County Road 2184, with the Southerly line of the Hanka
274	274	tract, a distance of 153.55 feet to an angle point;
275	275	Thence North 59 deg. 30 min. 01 sec. East, along the
276	276	centerline of County Road 2184, with the Southerly line of the Hanka
277	277	Tract, a distance of 162.45 feet to a point marking the Northeast
278	278	corner of the herein described tract at the southeast corner of the
279	279	Hanka tract, in the East line of the aforementioned 590.04 acre
280	280	tract;
281	281	Thence South 03 deg. 33 min. 57 sec. East, along the East line
282	282	of said 590.04 acre tract, at 37.18 feet pass an axle found, and
283	283	continue along the West line of the Sean Hardy Nelson 26.341 acre
284	284	tract described in Clerk's File 2005004844, the Billy E. Fly 6.0
285	285	acre tract described in Clerk's File 2006014900, the Foster Jay
286	286	Nelson tract described in Clerk's File 2005013371, which line is
287	287	the West line of the Nelson 99.4 acre tract and the Nelson 100 acre
288	288	tract, and continue for a total distance of 4946.17 feet to an axle
289	289	found for angle point;
290	290	Thence South 01 deg. 57 min. 20 sec. East (call South 01 deg.
291	291	56 min. 23 sec. East), along the West line of the J. F. McAdams tract
292	292	described in Volume 314, Page 579, Deed Records, a distance of
293	293	1850.26 feet (call 1849.98 feet) to a concrete monument found at the
294	294	Southeast corner of said 590.04 acre tract and the Northeast corner
295	295	of Oak Shadows Subdivision, according to the Plat recorded in
296	296	Volume 8, Page 59, Liberty County Map Records;
297	297	Thence South 87 deg. 22 min. 40 sec. West (call south 87 deg.
298	298	27 min. 25 sec. West), along the South line of said 590.04 acre
299	299	tract and the North line of Oak Shadows Subdivision, passing
300	300	several 1/2 inch iron rods found generally on line, a distance of
301	301	3938.18 feet (call 3937.67 feet) to a concrete monument found at the
302	302	Southwest corner of said 590.04 acre tract and the Northwest corner
303	303	of Oak Shadows Subdivision, in the East line of the Charles Stetson,
304	304	Jr. tract described in Volume 961, Page 191, Deed Records;
305	305	Thence North 02 deg. 13 min. 16 sec. West, along the West line
306	306	of said 590.04 acre tract and the East line of the Stetson tract,
307	307	the East line of the Kenneth O'Brien, Jr. tract described in Volume
308	308	1985, Page 875, Official Records, and the East line of Tarkington
309	309	Acres, passing several 1/2 inch iron rods found generally on line, a
310	310	distance of 3698.88 feet to the PLACE OF BEGINNING and containing
311	311	480.66 acres of land and being the same land described in Liberty
312	312	County Clerk's File 2007004426.
313	313	TRACT 2 - 253.23 Acres
314	314	253.23 acres of land situated in the F.J.C. Smiley League,
315	315	Abstract Number 345, Liberty County, Texas, being a portion of that
316	316	certain called 576.84 acres of land described in deed recorded
317	317	under Volume 314, Page 579 of the Deed Records of Liberty County,
318	318	Texas, being all of that certain called 10.0274 acres of land
319	319	described in deed recorded under Volume 670, Page 365 of the Deed
320	320	Records of Liberty County, Texas and all of that certain called 2.6
321	321	acres of land described in deed recorded under Volume 561, Page 565
322	322	of the Deed Records of Liberty County, Texas, said 253.23 acres of
323	323	land being more particularly described by metes and bounds as
324	324	follows:
325	325	COMMENCING at a concrete monument found for the Northwesterly
326	326	corner of that certain Oak Shadows Subdivision, a subdivision as
327	327	shown on map or plat recorded under Volume 8, Page 59 of the Map
328	328	Records of Liberty County, Texas and the southwesterly corner of
329	329	that certain called 480.66 acres of land described in deed recorded
330	330	in the Official Public Records of Real Property of Liberty County,
331	331	Texas, under County Clerk's File Number 2016007160;
332	332	Thence, N 89°47'00" E, along the Northerly line of said Oak
333	333	Shadows Subdivision and the southerly line of said 480.66 acre
334	334	tract, a distance of 3,938.29 feet to a concrete monument found in
335	335	the Westerly line of said 576.84 acre tract, for the northeasterly
336	336	corner of said Oak Shadows Subdivision, the southeasterly corner of
337	337	said 480.66 acre tract and the POINT OF BEGINNING of the herein
338	338	described tract of land;
339	339	Thence, N 00°26'34" E, along the easterly line of said 480.66
340	340	acre tract, a distance of 1,850.33 feet to an axle found for the
341	341	southwesterly corner of that certain 3.1 acre tract described in
342	342	deed recorded under Volume 559, Page 113 of the Deed Records of
343	343	Liberty County, Texas;
344	344	Thence, S 89°52'31" E, along the southerly line of said 3.1
345	345	acre tract, a distance of 2,073.84 feet to an axle found in the
346	346	southerly line of said 3.1 acre tract;
347	347	Thence, N 00°39'46" W, along the easterly line of said 3.1
348	348	acres, an easterly line of that certain called 99.4 acres of land
349	349	described in deed recorded in the Official Public Records of Real
350	350	Property of Liberty County, Texas, under County Clerk's File Number
351	351	20005013371 and along the Westerly line of said 2.6 acre tract, a
352	352	distance of 1,939.12 feet to a 5/8 inch iron rod with cap set for an
353	353	interior corner of said 99.4 acre tract and the northwesterly
354	354	corner of said 2.6 acre tract;
355	355	Thence, N 88°59'50" E, along a southerly line of said 99.4
356	356	acre tract, a distance of 60.00 feet to an axle found for the
357	357	southwesterly corner of that certain called 23.6084 acres of land
358	358	described in deed recorded in the Official Public Records of Real
359	359	Property of Liberty County, Texas, under County Clerk's File Number
360	360	2006009319 and the northwesterly corner of that certain called
361	361	24.628 acres of land described in deed recorded in the Official
362	362	Public Records of Real Property of Liberty County, Texas, under
363	363	County Clerk's File Number 2016001692;
364	364	Thence, S 00°38'29" E, along the westerly line of said 24.628
365	365	acre tract, a distance of 1,400.66 feet to an axle found for the
366	366	southwesterly corner of said 24.628 acre tract and the
367	367	northwesterly corner of that certain called 8.8163 acres of land
368	368	described in deed recorded under Volume 1906, Page 167 of the Deed
369	369	Records of Liberty County, Texas;
370	370	Thence, S 00°43'07" E, along the westerly line of said 8.8163
371	371	acre tract, a distance of 236.36 feet to a 5/8 inch iron rod with cap
372	372	set for the southwesterly corner of said 8.8163 acre tract and the
373	373	northwesterly corner of said 10.0274 acre tract;
374	374	Thence, N 89°09'16" E, along the Southerly line of said 8.8163
375	375	acre tract, a distance of 1,777.39 feet to a 3/4 inch iron rod found
376	376	in a westerly line of that certain called 1090.0 acres of land
377	377	described in deed recorded under volume 1957, Page 554 of the Deed
378	378	Records of Liberty County, Texas, for the southeasterly corner of
379	379	said 8.8163 acre tract.
380	380	Thence, along a westerly line of said 1090.0 acre tract, the
381	381	following courses and distances:
382	382	S 63°06'14" E, a distance of 27.94 feet to a point of curvature
383	383	to the right;
384	384	In a southeasterly direction, with said curve to the right,
385	385	having a central angle of 39°51'52", an arc length of 183.13 feet, a
386	386	radius of 263.21 feet, a chord bearing of S 43°10'18" E and a chord
387	387	distance of 179.46 feet to a point of tangency;
388	388	S 23°14'22" E, a distance of 92.72 feet to a 3/4 inch iron rod
389	389	in concrete found in the Northerly line of that certain called 12
390	390	acres of land described in deed recorded in the Official Public
391	391	Records of Real Property of Liberty County, Texas, under County
392	392	Clerk's File Number 2016012578 for the Southeasterly corner of said
393	393	10.0274 acre tract and a westerly corner of said 1090.0 acre tract;
394	394	Thence, N 89°35'31" W, along the northerly line of said 12
395	395	acre tract, a distance of 269.19 feet to a 3/4 inch iron rod found
396	396	for the Northwesterly corner of said 12 acre tract;
397	397	Thence, S 01°19'18" E, along the westerly line of said 12 acre
398	398	tract and the Westerly line of that certain called 12 acres of land
399	399	described in deed recorded under Volume 1268, Page 315 of the Deed
400	400	Records of Liberty County, Texas, at 676.67 feet pass a 3/4 inch
401	401	iron rod found for the Southwesterly corner of said 12 acre tract
402	402	recorded under Liberty County Clerk's File Number 2016012578 and
403	403	the Northwesterly corner of said 12 acre tract recorded under
404	404	Volume 1268, Page 315 of the Deed Records of Liberty County, in all
405	405	a total distance of 1,375.17 feet to a 5/8 inch iron rod with cap set
406	406	for the Southwesterly corner of said 12 acre tract recorded under
407	407	Volume 1268, Page 315 of the Deed Records of Liberty County;
408	408	Thence, S 89°45'33" E, along the Southerly line of said 12
409	409	acre tract recorded under Volume 1268, Page 315 of the Deed Records
410	410	of Liberty County, a distance of 772.79 feet to a 5/8 inch iron rod
411	411	with cap set in the Westerly line of that certain called 14.1112
412	412	acres of land described in deed recorded in the Official Public
413	413	Records of Real Property of Liberty County, Texas, under County
414	414	Clerk's File Number 2015002555, for the Southeasterly corner of
415	415	said 12 acre tract recorded under Volume 1268, Page 315 of the Deed
416	416	Records of Liberty County;
417	417	Thence, S 02°39'07" E, along the Westerly line of said 14.1112
418	418	acre tract, a distance of 436.62 feet to a railroad tie found for
419	419	the Northwesterly corner of that certain called 65 acres of land
420	420	described in deed recorded under Volume 1268, Page 315 of the Deed
421	421	Records of Liberty County, Texas and the Southwesterly corner of
422	422	said 14.1112 acre tract;
423	423	Thence, S 01°29'49" E, along the Westerly line of said 65 acre
424	424	tract and partially along the Westerly line of that certain called 5
425	425	acres of land described in deed recorded under Volume 1268, Page 315
426	426	of the Deed Records of Liberty County, Texas, a distance of 1,273.11
427	427	feet to a 1-1/2 inch iron pipe found in Southerly line of that
428	428	certain 200' Gulf States Utilities Company Right-of-way Easement
429	429	recorded under Volume 648, Page 606 of the Deed Records of Liberty
430	430	County, Texas and the Westerly line of said 5 acre tract;
431	431	Thence, N 76°56'31" W, along the Southerly line of said 200'
432	432	Gulf States Utilities Company Right-of-way Easement, a distance of
433	433	4,818.85 feet to a 1/2 inch iron pipe found in the Easterly line of
434	434	said Oak Shadows Subdivision;
435	435	Thence, N 00°25'01" W, along the Easterly line of said Oak
436	436	Shadows Subdivision, a distance of 49.82 feet to the POINT OF
437	437	BEGINNING and containing 253.23 acres of land.
438	438	Tract 3 - 24.97 Acres
439	439	A tract or parcel of land containing 24.97 acres situated in
440	440	the F.J.C. Smiley Survey, Abstract No. 345 and being part of the
441	441	first 55.023 acre tract in deed dated December 23, 1965 and recorded
442	442	in Volume 595, Page 149, of the Deed Records of Liberty County, TX,
443	443	and also being all of the 8.8163 acres of land out of a 18.8437 acre
444	444	tract of land out of the 26.1932 acres conveyed to C.J. Martin by
445	445	deed recorded in Volume 608, Page 323, Deed Records of Liberty
446	446	County, TX, being more particularly described as follows:
447	447	From the point of beginning being a found concrete monument
448	448	for the Southwest corner of said 55.023 acre tract;
449	449	Thence, North 03° 01' 09" West, a distance of 1250.99 feet to a
450	450	set five-eight inch iron rod in the Southerly margin of County Road
451	451	2189;
452	452	Thence, across County Road 2189, North 03° 01' 09" West, a
453	453	distance of 34.75 feet to a found five-eight inch iron rod in the
454	454	northerly margin of County Road 2189;
455	455	Thence, along said northerly margin, South 62° 42' 10" East, a
456	456	distance of 34.75 feet to a found five-eight-inch iron rod;
457	457	Thence, leaving said northerly margin, South 03° 01' 09" East,
458	458	a distance of 17.16 feet to a set PK nail in the center of said road;
459	459	Thence, along and with the center of said road, South 63° 59'
460	460	38" East, a distance of 99.61 feet to a point;
461	461	Thence, South 55° 06' 29" East, a distance of 288.37 feet to a
462	462	point;
463	463	Thence, along a curve to the right with a chord bearing of
464	464	South 42° 10' 03" East, a distance of 239.61 feet to a point, said
465	465	curve having a radius of 535.00 feet and arc length of 241.66 feet;
466	466	Thence, South 29° 13' 38" East, a distance of 378.87 feet to a
467	467	point;
468	468	Thence, South 22° 16' 06" East, a distance of 355.00 feet to a
469	469	point;
470	470	Thence, along a curve to the right with a chord bearing of
471	471	South 20° 40' 44" East, a distance of 31.09 feet to a set PK nail,
472	472	said curve having a radius of 756.43 feet and arc length of 31.09
473	473	feet;
474	474	Thence, leaving center of said road, North 86° 58' 51" East, a
475	475	distance of 14.16 feet to a found five-eight inch iron rod in the
476	476	easterly margin of said road;
477	477	Thence, along and with said margin, South 17° 53' 19" East, a
478	478	distance of 67.87 feet to a found five-eight inch iron rod;
479	479	Thence, South 11° 36' 11" East, a distance of 70.19 feet to a
480	480	found five-eight inch iron rod;
481	481	Thence, leaving said margin, South 86° 58' 51" West, a
482	482	distance of 30.34' to a set five-eight inch iron rod in the westerly
483	483	margin of said road;
484	484	Thence, along and with said margin, South 15° 42' 11" East, a
485	485	distance of 29.61 feet to a set five-eight inch iron rod;
486	486	Thence, along a curve to the left with a chord bearing of
487	487	South 37° 08' 29" East, a distance of 187.86 feet to a point, said
488	488	curve having a radius of 197.67 feet and arc length of 195.76 feet;
489	489	Thence, South 65° 30' 45" East, a distance of 110.94 feet to a
490	490	found three-quarter inch iron rod for the southeast corner of the
491	491	tract herein described;
492	492	Thence, leaving said margin, South 86° 44' 45" West, a
493	493	distance of 1774.10 feet to a set five-eight inch iron rod for the
494	494	southwest corner of the tract herein described;
495	495	Thence, North 03° 09' 41" West, a distance of 242.39 feet to a
496	496	found car axle;
497	497	Thence, North 86° 56' 29" East, a distance of 763.02 feet to
498	498	the point of beginning. said tract or parcel containing 24.97 acres
499	499	of land.
500	500	SAVE AND EXCEPT 5.57 Acres:
501	501	A tract or parcel of land, more particularly described as
502	502	Tract-A1 containing 5.57 acres situated in the F.J.C. Smiley
503	503	Survey, Abstract No. 345 and being part of the first 55.023 acre
504	504	tract in deed dated December 23, 1965 and recorded in Volume 595,
505	505	Page 149, of the Deed Records of Liberty County, TX, being more
506	506	particularly described as follows:
507	507	From the point of commencement, being a concrete monument
508	508	found at the Southwest corner of a 55.023 acre tract and described
509	509	in a deed as first tract dated December 23, 1965, and recorded in
510	510	Volume 595, Page 149, of the Deed Records of Liberty County, Texas,
511	511	the point of beginning bears North 03° 01' 09" west, a distance of
512	512	422.56 feet; said point of beginning is marked by a set five-eight
513	513	inch iron rod;
514	514	Thence, North 03° 01' 09" West, a distance of 845.80 feet to
515	515	the center of County Road 2189, from which a found five-eight inch
516	516	iron rod bears South 03° 01' 09" East a distance of 17.37 feet at the
517	517	southern margin of said road;
518	518	Thence, along and with center of said road, south 63° 44' 24"
519	519	east, a distance of 134.25 feet to a point;
520	520	Thence, South 55° 06' 29" East, a distance of 288.37 feet to a
521	521	point;
522	522	Thence, on a curve to the right, said curve having a chord
523	523	bearing of South 46° 37' 16" East a chord length of 157.91 feet, an
524	524	arc length of 158.49 feet and radius of 535.00 feet, to a set
525	525	five-eight inch iron rod;
526	526	Thence, leaving the center of said road, South 31° 01' 52"
527	527	West, a distance of 374.23 feet to a set five-eight inch iron rod;
528	528	Thence, South 03° 01' 09" East, a distance of 178.53 feet to a
529	529	set five-eight inch iron rod;
530	530	Thence, South 86° 58' 51" West, a distance of 243.99 feet to
531	531	the point of beginning.
532	532	Said tract or parcel containing 5.57 acres of land.
533	533	TRACT 4 - 10.00 Acres
534	534	Fieldnotes for a survey of a 10.000 acre tract of land out of
535	535	the F. J. Smiley Survey, Abstract No. 345, Liberty County, Texas,
536	536	and being out of the northerly portion of an original called 26.341
537	537	acre tract out of the Doris Nelson 100 acre tract described in deed
538	538	recorded in Volume 515, Page 314 of the Deed Records of Liberty
539	539	County, Texas,, and the Doris Nelson 99.4 acre tract described in
540	540	Volume 529, Page 482 of said Deed Records, said 10.000 acre tract
541	541	being more particularly described by metes and bounds as follows:
542	542	BEGINNING at an axle found in the southeast right-of-way line
543	543	of County Road 2184, at the northeast corner of that certain called
544	544	480.66 acre tract described in deed recorded under Liberty County
545	545	Clerk's File No. 2016007160 , and also marking the northwest corner
546	546	and POINT OF BEGINNING of the herein described tract;
547	547	Thence N 60 deg. 59 min. 45 sec. E, 221.57 feet along said
548	548	southeast right-of-way line of County Road 2184 to its intersection
549	549	with the westerly right-of-way line of County Road 2189, for the
550	550	northeast corner of the herein described tract, from which a 3/8
551	551	inch iron rod bears N 21 deg. 12 min. 28 sec. W, 3.66 feet;
552	552	Thence along said westerly line right-of-way line of County
553	553	Road 2189 the following:
554	554	S 13 deg. 16 min. 09 sec. E, 676.67 feet;
555	555	S 12 deg. 47 min. 30 sec. E, 70.12 feet;
556	556	S 07 deg. 12 min. 30 sec. E, 105.45 feet;
557	557	S 02 deg. 49 min. 30 sec. W, 203.00 feet; and
558	558	S 01 deg. 07 min. 58 sec. W, 387.62 feet, to a point being the
559	559	northeast corner of that certain called 6.00 acre tract described
560	560	in deed recorded under said County Clerk's File No. 2006014900, and
561	561	also being the southeast corner of the herein described tract;
562	562	Thence S 89 deg. 05 min. 50 sec. W along the north line of said
563	563	called 6.00 acre tract, at 20.00 feet passing a found 3/8 inch iron
564	564	rod, and continuing for a total distance of 339.43 feet to a 5/8
565	565	inch iron rod set in the east line of said called 480.66 acre tract,
566	566	marking the northwest corner of said called 6.00 acre tract, and
567	567	southwest corner of the herein described tract;
568	568	Thence N 00 deg. 54 min. 10 sec. W, 1320.01 feet along the
569	569	east line of said called 480.66 acre tract to the POINT OF BEGINNING
570	570	of the herein described 10.000 acre (435,559 square feet) tract of
571	571	land, and being that same property described in deed recorded under
572	572	said County Clerk's File No. 2013019193.
573	573	SECTION 3. (a) The legal notice of the intention to
574	574	introduce this Act, setting forth the general substance of this
575	575	Act, has been published as provided by law, and the notice and a
576	576	copy of this Act have been furnished to all persons, agencies,
577	577	officials, or entities to which they are required to be furnished
578	578	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
579	579	Government Code.
580	580	(b) The governor, one of the required recipients, has
581	581	submitted the notice and Act to the Texas Commission on
582	582	Environmental Quality.
583	583	(c) The Texas Commission on Environmental Quality has filed
584	584	its recommendations relating to this Act with the governor, the
585	585	lieutenant governor, and the speaker of the house of
586	586	representatives within the required time.
587	587	(d) All requirements of the constitution and laws of this
588	588	state and the rules and procedures of the legislature with respect
589	589	to the notice, introduction, and passage of this Act are fulfilled
590	590	and accomplished.
591	591	SECTION 4. (a) If this Act does not receive a two-thirds
592	592	vote of all the members elected to each house, Subchapter C, Chapter
593	593	7977A, Special District Local Laws Code, as added by Section 1 of
594	594	this Act, is amended by adding Section 7977A.0307 to read as
595	595	follows:
596	596	Sec. 7977A.0307. NO EMINENT DOMAIN POWER. The district may
597	597	not exercise the power of eminent domain.
598	598	(b) This section is not intended to be an expression of a
599	599	legislative interpretation of the requirements of Section 17(c),
600	600	Article I, Texas Constitution.
601	601	SECTION 5. This Act takes effect immediately if it receives
602	602	a vote of two-thirds of all the members elected to each house, as
603	603	provided by Section 39, Article III, Texas Constitution. If this
604	604	Act does not receive the vote necessary for immediate effect, this
605	605	Act takes effect September 1, 2023.
606	606	______________________________ ______________________________
607	607	President of the Senate Speaker of the House
608	608	I hereby certify that S.B. No. 2580 passed the Senate on
609	609	May 1, 2023, by the following vote: Yeas 27, Nays 3, one present
610	610	not voting.
611	611	______________________________
612	612	Secretary of the Senate
613	613	I hereby certify that S.B. No. 2580 passed the House on
614	614	May 9, 2023, by the following vote: Yeas 107, Nays 35,
615	615	two present not voting.
616	616	______________________________
617	617	Chief Clerk of the House
618	618	Approved:
619	619	______________________________
620	620	Date
621	621	______________________________
622	622	Governor