Texas 2023 - 88th Regular

Texas Senate Bill SB2603 Compare Versions

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Version 2 (New)

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1	1	S.B. No. 2603
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Montgomery County Municipal Utility
6	6	District No. 216; 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 7958A to read as follows:
12	12	CHAPTER 7958A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
13	13	NO. 216
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 7958A.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Montgomery County Municipal
21	21	Utility District No. 216.
22	22	Sec. 7958A.0102. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 7958A.0103. CONFIRMATION AND DIRECTOR ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 7958A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section
31	31	7958A.0103 until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district as required by
35	35	applicable law.
36	36	Sec. 7958A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7958A.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7958A.0201. GOVERNING BODY; TERMS. (a) The district
60	60	is governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7958A.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7958A.0202. TEMPORARY DIRECTORS. (a) On or after
64	64	January 1, 2024, the owner or owners of a majority of the assessed
65	65	value of the real property in the district may submit a petition to
66	66	the commission requesting that the commission appoint as temporary
67	67	directors the five persons named in the petition. The commission
68	68	shall appoint as temporary directors the five persons named in the
69	69	petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7958A.0103; or
73	73	(2) January 1, 2028.
74	74	(c) If permanent directors have not been elected under
75	75	Section 7958A.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 7958A.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. 7958A.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. 7958A.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. 7958A.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. 7958A.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. 7958A.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	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 7958A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	127	The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section
131	131	7958A.0403.
132	132	(b) The district must hold an election in the manner
133	133	provided by Chapters 49 and 54, Water Code, to obtain voter approval
134	134	before the district may impose an ad valorem tax or issue bonds
135	135	payable from ad valorem taxes.
136	136	(c) The district may not issue bonds payable from ad valorem
137	137	taxes to finance a road project unless the issuance is approved by a
138	138	vote of a two-thirds majority of the district voters voting at an
139	139	election held for that purpose.
140	140	Sec. 7958A.0402. OPERATION AND MAINTENANCE TAX. (a) If
141	141	authorized at an election held under Section 7958A.0401, the
142	142	district may impose an operation and maintenance tax on taxable
143	143	property in the district in accordance with Section 49.107, Water
144	144	Code.
145	145	(b) The board shall determine the tax rate. The rate may not
146	146	exceed the rate approved at the election.
147	147	Sec. 7958A.0403. CONTRACT TAXES. (a) In accordance with
148	148	Section 49.108, Water Code, the district may impose a tax other than
149	149	an operation and maintenance tax and use the revenue derived from
150	150	the tax to make payments under a contract after the provisions of
151	151	the contract have been approved by a majority of the district voters
152	152	voting at an election held for that purpose.
153	153	(b) A contract approved by the district voters may contain a
154	154	provision stating that the contract may be modified or amended by
155	155	the board without further voter approval.
156	156	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
157	157	Sec. 7958A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
158	158	OBLIGATIONS. The district may issue bonds or other obligations
159	159	payable wholly or partly from ad valorem taxes, impact fees,
160	160	revenue, contract payments, grants, or other district money, or any
161	161	combination of those sources, to pay for any authorized district
162	162	purpose.
163	163	Sec. 7958A.0502. TAXES FOR BONDS. At the time the district
164	164	issues bonds payable wholly or partly from ad valorem taxes, the
165	165	board shall provide for the annual imposition of a continuing
166	166	direct ad valorem tax, without limit as to rate or amount, while all
167	167	or part of the bonds are outstanding as required and in the manner
168	168	provided by Sections 54.601 and 54.602, Water Code.
169	169	Sec. 7958A.0503. BONDS FOR ROAD PROJECTS. At the time of
170	170	issuance, the total principal amount of bonds or other obligations
171	171	issued or incurred to finance road projects and payable from ad
172	172	valorem taxes may not exceed one-fourth of the assessed value of the
173	173	real property in the district.
174	174	SECTION 2. The Montgomery County Municipal Utility District
175	175	No. 216 initially includes all the territory contained in the
176	176	following area:
177	177	TRACT 1: 401.4 Acres
178	178	A 401.4 ACRE TRACT OF LAND IN THE JAMES EDWARDS SURVEYS,
179	179	ABSTRACT NO. 189, 190, AND IN THE ROBERT MARSH SURVEY ABSTRACT NO.
180	180	355, MONTGOMERY COUNTY, TEXAS, BEING OUT OF AND A PART OF A CALLED
181	181	47.932 ACRE TRACT (TRACT ONE), ALL OF A CALLED 65.153 ACRE TRACT
182	182	(TRACT TWO), AND OUT OF AND A PART OF A CALLED 410.539 ACRE TRACT
183	183	(TRACT FOUR), ALL CONVEYED TO CONROE VENTURE, LTD. AND RECORDED
184	184	UNDER MONTGOMERY COUNTY CLERK'S FILE (M.C.C.F.) NO. 9149317, THE
185	185	SAID 401.4 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
186	186	AND BOUNDS AS FOLLOWS, (WITH BEARINGS BASED ON TEXAS STATE PLANE
187	187	COORDINATE SYSTEM OF 1983, CENTRAL ZONE, AS DETERMINED BY GPS
188	188	MEASUREMENTS):
189	189	BEGINNING at a 3/4 inch iron pipe found marking the most
190	190	northerly corner of a called 55.369 acre tract (TREND tract 2),
191	191	conveyed to Trendmaker Homes, Inc. as recorded under M.C.C.F. NO.
192	192	2019104424, and an angle in the southerly line of said TRACT FOUR,
193	193	and the herein described tract;
194	194	THENCE, South 71°38'09" West, along the southerly line of said
195	195	TRACT FOUR, common with the northerly line of said TREND tract 2, a
196	196	called 1.820 acre tract conveyed to the city of Conroe as recorded
197	197	under M.C.C.F. NO. 2012000764, a called 32.724 acre tract (TREND
198	198	tract 1) conveyed to Trendmaker Homes, Inc. as recorded under
199	199	M.C.C.F. NO. 2019104424, a called 12.756 acre tract conveyed to
200	200	Colony Ridge Land LLC, as recorded under M.C.C.F. NO. 2020041993,
201	201	and a called 210.3078 acre tract conveyed to Colony Ridge Land, LLC,
202	202	as recorded under M.C.C.F. NO. 2017005562, passing at a distance of
203	203	2,659.33 feet a 5/8-inch iron rod found marking the common
204	204	northerly corner of said TREND tract 1, and said 12.756 acre tract,
205	205	continuing a total distance of 5,361.84 feet, to a 3/4-inch iron
206	206	pipe found marking the southwest corner of said TRACT FOUR, and the
207	207	southeasterly corner of said TRACT TWO, and an angle in the
208	208	northerly line of said 210.3078 acre tract, and an angle in the
209	209	southerly line of the herein described tract;
210	210	THENCE, South 71°33'49" West, continuing along the northerly
211	211	line of said 210.3078 acre tract, common with the southerly line of
212	212	said TRACT TWO, a distance of 1,624.60 feet, to a 5/8-inch iron rod
213	213	with cap stamped "S&V Surveying", found marking the southeast
214	214	corner of a called 10.45 acre tract conveyed to San Jacinto River
215	215	Authority, as recorded under Volume (VOL.) 692, Page (PG.) 779 of
216	216	the Montgomery County Deed Records (M.C.D.R.), and the southwest
217	217	corner of said TRACT TWO, and the herein described tract;
218	218	THENCE, departing the northerly line of said 210.3078 acre
219	219	tract, and along the westerly line of said TRACT TWO, common with
220	220	the easterly line of said 10.45 acre tract the following six (6)
221	221	courses and distances;
222	222	North 28°22'23" West, a distance of 1,185.66 feet, to the high
223	223	bank of a water course and an angle in the said common line;
224	224	North 00°53'08" East, along said high bank, a distance of
225	225	69.28 feet, to an angle in the said common line;
226	226	North 22°13'01" East, along said high bank, a distance of
227	227	59.71 feet, to an angle in the said common line;
228	228	North 56°36'03" East, along said high bank, a distance of
229	229	117.87 feet, to an angle in the said common line;
230	230	North 23°27'25" East, along said high bank, a distance of
231	231	191.76 feet, to an angle in the said common line;
232	232	North 27°00'38" West, along said high bank, a distance of
233	233	50.96 feet, to the southwest corner of a called 87.22 acre tract
234	234	conveyed to San Jacinto River Authority, as recorded under VOL.
235	235	563, PG. 219 M.C.D.R., and the northwest corner of said TRACT TWO
236	236	and the herein described tract;
237	237	THENCE, North 58°48'27" East, along the southerly line of said
238	238	87.22 acre tract, common with the northerly line of said TRACT TWO,
239	239	and said TRACT FOUR, passing at a distance of 1,573.75 feet, a
240	240	1-inch iron pipe (bent) found marking the common northerly corner
241	241	of said TRACT TWO and TRACT FOUR, continuing a total distance of
242	242	3,242.65 feet, to a 2-inch iron pipe found marking the southeast
243	243	corner of said 87.22 acre tract, the southwest corner of a called
244	244	43.796 acre tract conveyed to San Jacinto River Authority as
245	245	recorded under M.C.C.F. NO. 2009114038, and a northerly corner of
246	246	said TRACT FOUR, and the herein described tract;
247	247	THENCE, South 76°41'28" East, along the south line of said
248	248	43.796 acre tract, and a called 4.321 acre tract conveyed to Aqua
249	249	Texas, Inc. as recorded under M.C.C.F. NO. 2013074043, common with
250	250	the north line of said TRACT FOUR, passing at a distance 1,274.47
251	251	feet, a 5-8-inch iron rod found marking the southwest corner of said
252	252	4.321 acre tract, continuing a total distance of 1,664.37 feet, to a
253	253	1-inch iron rod (bent) found marking the southeast corner of said
254	254	4.321 acre tract, and an interior corner of said TRACT FOUR, and the
255	255	herein described tract;
256	256	THENCE, North 12°48'52" East, along the westerly line of said
257	257	TRACT FOUR, common with the easterly line of said 4.321 acre tract,
258	258	and said 43.796 acre tract, passing at a distance of 400.00 feet,
259	259	the northeast corner of said 4.321 acre tract, from which a 5/8-inch
260	260	iron rod with cap stamped "S&V Surveying" found bears, South 60°06'
261	261	West, 0.2 feet, continuing a total distance of 767.77 feet, to a
262	262	1/2-inch iron rod found marking the most westerly southwest corner
263	263	of the south Right-Of-Way (R.O.W.) line of Pine Valley Drive (based
264	264	on a variable width) as dedicated under Cabinet (CAB.) Z, Sheet
265	265	(SHT.) 4404 of the Montgomery County Map Records (M.C.M.R.), and a
266	266	northerly corner of the herein described tract;
267	267	THENCE, departing said common line, and along the southerly
268	268	R.O.W. line of said Pine Valley Drive, and over and across said
269	269	TRACT FOUR, and said TRACT ONE, the following eleven (11) courses
270	270	and distances:
271	271	South 76°37'29" East, a distance of 583.23 feet, to a 5/8-inch
272	272	iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
273	273	beginning of a curve to the left;
274	274	In a northeasterly direction, along said curve to the left,
275	275	having a radius of 991.00 feet, a central angle of 60°39'48" (chord
276	276	bears North 73°02'38" East, 1,000.92 feet) and an arc distance of
277	277	1049.25 feet, to a 5/8-inch iron rod with cap stamped "E.H.R.A.
278	278	713-784-4500" set marking the point of tangency;
279	279	North 42°42'44" East, a distance of 209.59 feet, to a 5/8-inch
280	280	iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking an
281	281	exterior corner of the herein described tract;
282	282	South 47°17'16" East, a distance of 13.87 feet, to a 5/8-inch
283	283	iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking an
284	284	exterior corner of the herein described tract, and the beginning of
285	285	a non-tangent curve to the right;
286	286	In a northeasterly direction, along said curve to the right,
287	287	having a radius of 746.00 feet, a central angle of 26°37'47" (chord
288	288	bears, North 58°47'35" East, 343.61 feet) and an arc distance of
289	289	346.72 feet, to the point of tangency, from which a 5/8-inch iron
290	290	rod found bears, South 79 12' East, 0.6 feet;
291	291	North 72°06'29" East, a distance of 52.46 feet, to a 5/8-inch
292	292	iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
293	293	beginning of a curve to the right;
294	294	In an easterly direction, along said curve to the right,
295	295	having a radius of 946.00 feet, a central angle of 28°03'11" (chord
296	296	bears, North 86°08'05" East, 458.57 feet) and an arc distance of
297	297	463.18 feet, to a 5/8-inch iron rod with cap stamped "E.H.R.A.
298	298	713-784-4500" set marking the point of tangency;
299	299	South 79°50'20" East, a distance of 1,282.23 feet, to a
300	300	5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set
301	301	marking the beginning of a curve to the right;
302	302	In a southeasterly direction, along said curve to the right,
303	303	having a radius of 1,146.00 feet, a central angle of 38°55'52"
304	304	(chord bears, South 60°22'24" East, 763.79 feet) and an arc distance
305	305	of 778.68 feet, to the point of tangency, from which a 5/8-inch iron
306	306	rod with cap stamped "Jeff Moon RPLS 4639" found bears, South 76
307	307	43', 0.7 feet;
308	308	South 40°54'28" East, a distance of 298.45 feet, to a 5/8-inch
309	309	iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
310	310	beginning of a curve to the left;
311	311	In a southwesterly direction, along said curve to the left,
312	312	having a radius of 1,254.00 feet, a central angle of 26°56'38"
313	313	(chord bears, South 54°22'42" east, 584.29 feet) and an arc distance
314	314	of 589.71 feet, to a 1/2-inch iron rod found marking the northwest
315	315	corner of a called 20.00 acre tract conveyed to Board of Trustees of
316	316	the Willis Independent School District, as recorded under M.C.C.F.
317	317	NO. 2019109575, the northwest corner of Restricted Reserve "A" of
318	318	Willis ISD Elementary No. 6, map or plat thereof recorded under
319	319	Cabinet Z, Sheet 6802, M.C.M.R., and the northeast corner of the
320	320	herein described tract;
321	321	THENCE, South 22°12'21" West, departing the southerly R.O.W.
322	322	line of said Pine Valley Drive, and along the westerly line of said
323	323	20.00 acre tract and said Reserve "A", a distance of 550.24 feet to
324	324	a 5/8-inch iron rod found marking an exterior corner of said 20.00
325	325	acre tract and an interior corner of the herein describe tract;
326	326	THENCE, South 18°27'27" East, continuing along said westerly
327	327	line, a distance of 504.76 feet, to a 5/8-inch iron rod with cap
328	328	stamped "WEST BELT SURVEYING INC" found marking the southwest
329	329	corner of said 20.00 acre tract and said Reserve "A", and in the
330	330	south line of said TRACT FOUR, and in the north line of a called
331	331	7.4806 acre tract conveyed to William Lewis Pattillo III, ET UX. as
332	332	recorded under M.C.C.F. NO. 2005137433, and marking the southeast
333	333	corner of the herein described tract;
334	334	THENCE, South 71°32'33" West, along the south line of said
335	335	TRACT FOUR, common with the northerly line of said 7.4806 acre
336	336	tract, and a called 7.0047 acre tract conveyed to Darrel Caldwell,
337	337	ET UX., passing at a distance of 369.97 feet, a 1/2-inch iron rod
338	338	found marking the common north corner of said 7.4806 acre tract and
339	339	said 7.0047 acre tract, continuing a total distance of 423.29 feet,
340	340	to an angle in the said common line, from which a found 1/2-inch
341	341	iron pipe bears, South 64 39' 0.2 feet;
342	342	THENCE, North 77°47'56" West, along the southerly line of said
343	343	TRACT FOUR, common with the northerly lines of said 7.0047 acre
344	344	tract, a called 8.005 acre tract conveyed to Michelle and Gregory
345	345	Mills as recorded under M.C.C.F. NO. 2021020741, Reserve "A", of
346	346	Replat of Willowridge Estates section One, as recorded under CAB.
347	347	D, SHT. 74 M.C.M.R., a called 5.98 acre tract conveyed to Diane and
348	348	Daniel Erb as recorded under M.C.C.F NO. 2021021750, and said TREND
349	349	tract 2, passing at a distance of 336.33 feet, a 1/2-inch iron rod
350	350	found marking the common north corner of said 7.0047 acre tract and
351	351	said 8.000 acre tract, continuing a total distance of 2,221.10
352	352	feet, to the POINT OF BEGINNING and containing 401.4 acres of land.
353	353	TRACT 2: 76.55 Acres
354	354	A 76.55 ACRE TRACT OF LAND IN THE JAMES EDWARDS SURVEY,
355	355	ABSTRACT NO. 190, MONTGOMERY COUNTY, TEXAS, BEING OUT OF AND A PART
356	356	OF A CALLED 47.932 ACRE TRACT (TRACT ONE), AND OUT OF AND A PART OF A
357	357	CALLED 410.539 ACRE TRACT (TRACT FOUR), BOTH CONVEYED TO CONROE
358	358	VENTURE, LTD. AND RECORDED UNDER MONTGOMERY COUNTY CLERK'S FILE
359	359	(M.C.C.F.) NO. 9149317, THE SAID 76.55 ACRE TRACT BEING MORE
360	360	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (WITH
361	361	BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM OF 1983,
362	362	CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS):
363	363	BEGINNING at a 5/8-inch iron rod with cap stamped "E.H.R.A.
364	364	713-784-4500" set in the northerly Right-Of-Way (R.O.W.) line of
365	365	Pine Valley Drive (based on a variable width) dedicated under
366	366	Cabinet (CAB.) Z, Sheet (SHT.) 4404 of the Montgomery County Map
367	367	Records (M.C.M.R.), and in the southeasterly line of a called
368	368	43.796 acre tract conveyed to San Jacinto River Authority as
369	369	recorded under Montgomery County Clerk's File Number (M.C.C.F. NO.)
370	370	2009114038, common with the northwesterly line of said TRACT FOUR
371	371	marking the most westerly southwest corner of the herein described
372	372	tract;
373	373	THENCE, North 12°48'52" East, departing the northerly R.O.W.
374	374	line of said Pine Valley Drive, and along said common line, passing
375	375	at a distance of 1,035.12 feet, a 5/8-inch iron rod with cap stamped
376	376	"S&V Surveying" found marking the northeast corner of said 43.796
377	377	acre tract, and the southeast corner of Restricted Reserve "E",
378	378	Villas at White Oak Ranch, Section 1, map or plat thereof recorded
379	379	under CAB. Z, SHT. 4853 M.C.M.R., continuing a total distance of
380	380	1,135.27 feet, to a 1-inch iron rod found marking an interior corner
381	381	of said Restricted Reserve "E", and the northwest corner of said
382	382	TRACT FOUR, and the herein described tract;
383	383	THENCE, North 79°02'55" East, along the northerly line of said
384	384	TRACT FOUR, common with the southerly lines of said Villas at White
385	385	Oak Ranch, Section 1, Restricted Reserve "C", White Oak Ranch
386	386	Section 1, map or plat thereof recorded under CAB. Q, SHT. 74
387	387	M.C.M.R., Villas at White Oak Ranch, Section 2, map or plat thereof
388	388	recorded under CAB. Z, SHT. 6099 M.C.M.R., and a called 0.608 acre
389	389	tract conveyed to Aquasource Development Company, as recorded under
390	390	M.C.C.F. NO. 2001060128, passing at 18.40 feet a 1/2-inch iron rod
391	391	with cap stamped "TPS 100834-00" found marking the common south
392	392	corner between said Reserve "E", and Lot 28, Block 1 of said Villas
393	393	at White Oak Ranch Section 1, passing at a distance of 1,528.75
394	394	feet, a 5/8-inch iron rod found marking the common southerly corner
395	395	of said 0.608 acre tract, and Reserve "D", of said Villas at White
396	396	Oak Ranch, Section 2, continuing a total distance of 1,711.69 feet,
397	397	to the west line of Reserve "C", of said Villas at White Oak Ranch,
398	398	Section 2, marking the southeast corner of said 0.608 acre tract and
399	399	the most northerly corner of said TRACT FOUR, from which a nail
400	400	found bears, South 09°59' West, 0.9 feet;
401	401	THENCE, South 09°58'31" West, along the west line of said
402	402	Reserve "C", and a called 31.430 acre tract conveyed to John R.
403	403	Collett as recorded under M.C.C.F. NO. 2020139248, common with the
404	404	east line of said TRACT FOUR, a distance of 778.74 feet, to a
405	405	1/2-inch iron rod with cap stamped "TPS 1000-834-00" found marking
406	406	the southwest corner of said 31.430 acre tract, and an interior
407	407	corner of said TRACT FOUR, and the herein described tract;
408	408	THENCE, South 79°46'17" East, along the southerly line of said
409	409	31.430 acre tract, a distance of 1,357.92 feet, to a 5/8-inch iron
410	410	rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
411	411	southeast corner of said 31.430 acre tract, common with the
412	412	southwest corner of Lot 1, Stovall West, map or plat thereof
413	413	recorded under CAB. Z, SHT. 3834 M.C.M.R., from which a found
414	414	1/2-inch iron rod bears North 12°41' East, 1.2 feet;
415	415	THENCE, South 79°56'30" East, along the southerly line of said
416	416	Stovall West subdivision, and White Oak Manor, map of plat thereof
417	417	recorded under CAB. A, SHT. 23 M.C.M.R., passing at a distance of
418	418	519.57 feet, a 1/2-inch iron rod found marking the common southerly
419	419	corners of Stovall West section 1, and White Oak Manor, passing at a
420	420	distance of 764.77 feet, a 1/2-inch iron pipe (bent) found marking
421	421	the common southerly corner of Lot 9 and 10, White Oak Manor,
422	422	continuing a total distance of 2,058.31 feet, to a 5/8-inch iron rod
423	423	with cap stamped "E.H.R.A. 713-784-4500" set in the south line of
424	424	Lot 14, White Oak Manor, marking the northwest corner of a called
425	425	6.045 acre tract conveyed to Stephen Scott Spiller as recorded
426	426	under M.C.C.F. NO. 2009086905, and a northerly corner of said TRACT
427	427	ONE, and the herein described tract;
428	428	THENCE, South 0°13'07" East, departing the southerly line of
429	429	said White Oak Manor, and along the easterly line of said TRACT ONE,
430	430	common with the westerly lines of said 6.045 acre tract, and a
431	431	called 4.058 acre tract conveyed to Bonnie Jean Laramore as
432	432	recorded under M.C.C.F. NO. 2018085525, a distance of 662.85 feet,
433	433	to a 5/8-inch iron rod found marking the southwest corner of said
434	434	4.058 acre tract, and an interior corner of said TRACT ONE, and the
435	435	herein describe tract;
436	436	THENCE, North 69°14'55" East, along the southerly line of said
437	437	4.058 acre tract common with the north line of said TRACT ONE, a
438	438	distance of 552.90 feet, to a 5/8-inch iron rod with cap stamped
439	439	"E.H.R.A. 713-784-4500" set marking an angle in the said common
440	440	line;
441	441	THENCE, North 24°15'41" West, along said common line, a
442	442	distance of 126.31 feet to a 5/8-inch iron rod with cap stamped
443	443	"E.H.R.A. 713-784-4500" set marking an angle in the said common
444	444	line;
445	445	THENCE, North 65°29'42" East, along said common line a
446	446	distance of 581.14 feet, to a 1/2-inch iron rod with cap stamped
447	447	"Jeff Moon RPLS 4639" found in the southwesterly R.O.W. line of
448	448	Longmire Road (based on a variable width) marking the northwest
449	449	corner of a called 0.150 acre public street easement granted to the
450	450	city of Conroe as recorded under M.C.C.F. NO. 2012011632, and the
451	451	most easterly southeast corner of said 4.058 acre tract, and the
452	452	most easterly northeast corner of said TRACT ONE, and the herein
453	453	described tract;
454	454	THENCE, South 30°28'33" East, along the west line of said
455	455	0.150 acre public street easement, a distance of 341.77 feet, to a
456	456	5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set
457	457	marking the southwest corner of said called 0.150 acre public
458	458	street easement, and the northwest corner of a called 0.578 acre
459	459	public street easement granted to city of Conroe as recorded under
460	460	M.C.C.F. NO. 2012011630, and an angle in the westerly R.O.W. line of
461	461	said Longmire Road;
462	462	THENCE, South 29°44'08" East, continuing along the westerly
463	463	R.O.W. line of said Longmire Road, and said 0.578 acre tract, a
464	464	distance o f 83.92 feet, to a 5/8-inch iron rod with cap stamped
465	465	"E.H.R.A. 713-784-4500" set marking the southeast corner of the
466	466	herein described tract, and the beginning of a curve to the right;
467	467	THENCE, departing the westerly R.O.W. line of said Longmire
468	468	Road, and along the northerly R.O.W. line of said Pine Valley Drive
469	469	the following fifteen (15) courses and distances:
470	470	In a southerly direction, along a curve to the right, having a
471	471	radius of 25.00 feet, a central angle of 88°58'45" (chord bears,
472	472	South 14°45'15" West, 35.04 feet) and an arc distance of 38.82 feet,
473	473	to a 5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set
474	474	marking the point of tangency;
475	475	South 59°14'37" West, a distance of 292.28 feet, to a 5/8-inch
476	476	iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
477	477	beginning of a curve to the right;
478	478	In a northwesterly direction, along said curve to the right,
479	479	having a radius of 1,156.00 feet, a central angle of 79°51'01"
480	480	(chord bears North 80°49'59" West, 1,483.81 feet) and an arc
481	481	distance of 1,611.06 feet, to a 5/8-inch iron rod with cap stamped
482	482	"E.H.R.A. 713-784-4500" set marking the point of tangency;
483	483	North 40°54'28" West, a distance of 298.45 feet, to a 5/8-inch
484	484	iron rod with cap stamped "E.H.R.A. 713- 784-4500" set marking the
485	485	beginning of a curve to the left;
486	486	In a northwesterly direction, along said curve to the left,
487	487	having a radius of 1,244.00 feet, a central angle of 38°55'52"
488	488	(chord bears, North 60°22'24" West, 829.10 feet) and an arc distance
489	489	of 845.27 feet, to a 5/8-inch iron rod (bent) found marking the
490	490	point of tangency;
491	491	North 79°50'20" West, a distance of 1,282.23 feet, to a
492	492	5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set
493	493	marking the beginning of a curve to the left;
494	494	In a westerly direction, along said curve to the left, having
495	495	a radius of 1,044.00, a central angle of 28°03'11" (chord bears,
496	496	South 86°08'05" West, 506.07 feet) and an arc distance of 511.16
497	497	feet, to the point of tangency, from which a found 5/8-inch iron rod
498	498	bears North 07°18' west, 0.5 feet;
499	499	South 72°06'29" West, a distance of 52.46 feet, to the
500	500	beginning of a curve to the left, from which a found 5/8-inch iron
501	501	rod bears, North 88°29' West, 0.3 feet;
502	502	In a southwesterly direction, along said curve to the left,
503	503	having a radius of 844.00 feet, a central angle of 28°18'34" (chord
504	504	bears, South 57°57'12" West, 412.79 feet) and an arc distance of
505	505	417.01 feet, to a 5/8-inch iron rod with cap stamped "Jeff Moon RPLS
506	506	4639" found marking the end of said curve;
507	507	South 47°17'16" East, a distance of 24.85 feet, to a 5/8-inch
508	508	iron rod with cap stamped "Jeff Moon RPLS 4639" found marking an
509	509	exterior corner of the herein described tract;
510	510	South 42°42'44" West, a distance of 189.59 feet, to a 5/8-inch
511	511	iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
512	512	beginning of a curve to the right;
513	513	In a southwesterly direction, along said curve to the right,
514	514	having a radius of 931.00 feet, a central angle of 60°39'48" (chord
515	515	bears, South 73°02'37" West, 940.32 feet) and an arc distance of
516	516	985.72 feet, to a 5/8-inch iron rod with cap stamped "Jeff Moon RPLS
517	517	4639" found marking the point of tangency;
518	518	North 76°37'29" West, a distance of 414.93 feet, to an angle
519	519	in the said R.O.W. line, from which a found 1/2-inch iron rod (bent)
520	520	bears South 41°27' East, 0.2 feet;
521	521	North 13°22'31" East, a distance of 65.00 feet, to a 5/8-inch
522	522	iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking an
523	523	angle in the north R.O.W. line;
524	524	North 76°37'29" West, a distance of 170.09 feet, to the POINT
525	525	OF BEGINNING and containing 76.55 acres of land.
526	526	TRACT 3: 16.40 Acres
527	527	A 16.40 ACRE TRACT OF LAND IN THE JAMES EDWARDS SURVEY,
528	528	ABSTRACT NO. 190, MONTGOMERY COUNTY, TEXAS, BEING ALL OF A CALLED
529	529	7.5 ACRE TRACT (TRACT THREE) AND OUT OF AND A PART OF A CALLED
530	530	410.539 ACRE TRACT (TRACT FOUR), BOTH CONVEYED TO CONROE VENTURE,
531	531	LTD. AND RECORDED UNDER MONTGOMERY COUNTY CLERK'S FILE (M.C.C.F.)
532	532	NO. 9149317, THE SAID 16.40 ACRE TRACT BEING MORE PARTICULARLY
533	533	DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (WITH BEARINGS BASED ON
534	534	TEXAS STATE PLANE COORDINATE SYSTEM OF 1983, CENTRAL ZONE, AS
535	535	DETERMINED BY GPS MEASUREMENTS):
536	536	BEGINNING at a 1/2-inch iron rod found in the southwesterly
537	537	Right-Of-Way (R.O.W.) line of Longmire Road (base on a variable
538	538	width) marking the southwest corner of a called 0.283 acre Public
539	539	Street Easement granted to City of Conroe as recorded under
540	540	M.C.C.F. NO. 2012011629, and the northeast corner of Lot 1, Block 1,
541	541	of Smith Place on Longmire Section 1, map or plat thereof recorded
542	542	under Cabinet (CAB.) Z, Sheet (SHT.) 4635 Montgomery County Map
543	543	Records (M.C.M.R.), and the southeast corner of said TRACT THREE
544	544	and the herein described tract;
545	545	THENCE, South 71°38'45" West, departing the southwesterly
546	546	R.O.W. line of said Longmire road, along the south line of said
547	547	TRACT THREE, common with the north line of said Lot 1, Block 1, a
548	548	distance of 774.14 feet, to the northeast line of a called 3.979
549	549	acre tract conveyed to Charles P. Peters III, ET UX. as recorded
550	550	under M.C.C.F. NO. 9143598, marking the northwest corner of said
551	551	Lot 1, Block 1, and the southwest corner of said TRACT THREE, and
552	552	the herein described tract, from which a found 1/2-inch iron rod
553	553	bears, South 30°26' East, 0.3 feet;
554	554	THENCE, North 18°17'47" West, along the northeasterly line of
555	555	said 3.979 acre tract, common with the southwest line of said TRACT
556	556	THREE, a distance of 433.40 feet, to a 1/2-inch iron rod found in
557	557	the southerly line of said TRACT FOUR, marking the northeast corner
558	558	of said 3.979 acre tract, the southeast corner of a called 20.00
559	559	acre tract conveyed to Board of Trustees of the Willis Independent
560	560	School District as recorded under M.C.C.F. NO. 2019109575, and the
561	561	northwest corner of said 7.5 acre tract, and an angle in the west
562	562	line of the herein described tract;
563	563	THENCE, North 18°30'26" West, along the east line of said
564	564	20.00 acre tract, and the west line of the herein described tract, a
565	565	distance of 621.17 feet, to a 5/8-inch iron rod with cap stamped
566	566	"E.H.R.A. 713-784-4500", set in the southerly R.O.W. line of Pine
567	567	Valley Drive (based on a variable width) as dedicated in CAB. Z,
568	568	SHT. 4404 M.C.M.R., marking the northeast corner of said 20.00 acre
569	569	tract, and the northwest corner of the herein described tract, and
570	570	the beginning of a non-tangent curve to the left;
571	571	THENCE, In a northeasterly direction, along said curve to the
572	572	left, and along the southerly R.O.W. line of said Pine Valley Drive,
573	573	having a radius of 1,254.00 feet, a central angle of 10°00'50"
574	574	(chord bears, North 64°15'02" East, 218.89 feet) and an arc distance
575	575	of 219.17 feet, to a 5/8-inch iron rod with cap stamped "E.H.R.A.
576	576	713-784-4500", set marking the point of tangency;
577	577	THENCE, North 59°14'37" East, continuing along the southerly
578	578	R.O.W. line of said Pine Valley Drive, a distance of 289.20 feet, to
579	579	a 5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set
580	580	marking the beginning of a curve to the right;
581	581	THENCE, in a southeasterly direction, continuing along said
582	582	southerly R.O.W. line, along said curve to the right, having a
583	583	radius of 25.00 feet, a central angle of 92°04'20" (chord bears,
584	584	South 76°41'06" East, 35.99 feet) and an arc distance of 40.17, to
585	585	the southwesterly line of a called 0.578 acre public street
586	586	easement granted to city of Conroe as recorded under M.C.C.F. NO.
587	587	2012011630 and the southwesterly R.O.W. line of said Longmire Road,
588	588	and the northeast corner of the herein described tract, from which a
589	589	found 5/8-inch iron rod with cap stamped "Jeff Moon RPLS 4639"
590	590	bears, South 39°53' West, 1.5 feet;
591	591	THENCE, South 29°44'08" East, along the southwesterly R.O.W.
592	592	line of said Longmire Road, and said 0.578 acre tract, a distance of
593	593	389.61 feet, to a 5/8-inch iron rod with cap stamped "E.H.R.A.
594	594	713-784-4500" set marking an angle in said 0.578 acre tract and the
595	595	R.O.W. line of Longmire Road;
596	596	THENCE, South 31°06'09" East, continuing along the
597	597	southwesterly R.O.W. line of said Longmire Road, a distance of
598	598	762.81 feet, to the POINT OF BEGINNING and containing 16.40 acres of
599	599	land.
600	600	SECTION 3. (a) The legal notice of the intention to
601	601	introduce this Act, setting forth the general substance of this
602	602	Act, has been published as provided by law, and the notice and a
603	603	copy of this Act have been furnished to all persons, agencies,
604	604	officials, or entities to which they are required to be furnished
605	605	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
606	606	Government Code.
607	607	(b) The governor, one of the required recipients, has
608	608	submitted the notice and Act to the Texas Commission on
609	609	Environmental Quality.
610	610	(c) The Texas Commission on Environmental Quality has filed
611	611	its recommendations relating to this Act with the governor, the
612	612	lieutenant governor, and the speaker of the house of
613	613	representatives within the required time.
614	614	(d) All requirements of the constitution and laws of this
615	615	state and the rules and procedures of the legislature with respect
616	616	to the notice, introduction, and passage of this Act are fulfilled
617	617	and accomplished.
618	618	SECTION 4. (a) If this Act does not receive a two-thirds
619	619	vote of all the members elected to each house, Subchapter C, Chapter
620	620	7958A, Special District Local Laws Code, as added by Section 1 of
621	621	this Act, is amended by adding Section 7958A.0306 to read as
622	622	follows:
623	623	Sec. 7958A.0306. NO EMINENT DOMAIN POWER. The district may
624	624	not exercise the power of eminent domain.
625	625	(b) This section is not intended to be an expression of a
626	626	legislative interpretation of the requirements of Section 17(c),
627	627	Article I, Texas Constitution.
628	628	SECTION 5. This Act takes effect January 1, 2024.
629	629	______________________________ ______________________________
630	630	President of the Senate Speaker of the House
631	631	I hereby certify that S.B. No. 2603 passed the Senate on
632	632	April 27, 2023, by the following vote: Yeas 28, Nays 3.
633	633	______________________________
634	634	Secretary of the Senate
635	635	I hereby certify that S.B. No. 2603 passed the House on
636	636	May 9, 2023, by the following vote: Yeas 109, Nays 33, two
637	637	present not voting.
638	638	______________________________
639	639	Chief Clerk of the House
640	640	Approved:
641	641	______________________________
642	642	Date
643	643	______________________________
644	644	Governor