Texas 2023 - 88th Regular

Texas Senate Bill SB2608 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Zaffirini S.B. No. 2608
2	2	(In the Senate - Filed April 17, 2023; April 18, 2023, read
3	3	first time and referred to Committee on Local Government;
4	4	April 24, 2023, reported favorably by the following vote: Yeas 8,
5	5	Nays 0; April 24, 2023, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of the Martindale Municipal Utility
12	12	District No. 1 of Caldwell County, Texas; granting a limited power
13	13	of eminent domain; providing authority to issue bonds; providing
14	14	authority to impose assessments, fees, and taxes.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	17	Code, is amended by adding Chapter 7989A to read as follows:
18	18	CHAPTER 7989A. MARTINDALE MUNICIPAL UTILITY DISTRICT NO. 1 OF
19	19	CALDWELL COUNTY, TEXAS
20	20	SUBCHAPTER A. GENERAL PROVISIONS
21	21	Sec. 7989A.0101. DEFINITIONS. In this chapter:
22	22	(1) "Board" means the district's board of directors.
23	23	(2) "Commission" means the Texas Commission on
24	24	Environmental Quality.
25	25	(3) "Director" means a board member.
26	26	(4) "District" means the Martindale Municipal Utility
27	27	District No. 1 of Caldwell County, Texas.
28	28	Sec. 7989A.0102. NATURE OF DISTRICT. The district is a
29	29	municipal utility district created under Section 59, Article XVI,
30	30	Texas Constitution.
31	31	Sec. 7989A.0103. CONFIRMATION AND DIRECTOR ELECTION
32	32	REQUIRED. The temporary directors shall hold an election to
33	33	confirm the creation of the district and to elect five permanent
34	34	directors as provided by Section 49.102, Water Code.
35	35	Sec. 7989A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
36	36	temporary directors may not hold an election under Section
37	37	7989A.0103 until each municipality in whose corporate limits or
38	38	extraterritorial jurisdiction the district is located has
39	39	consented by ordinance or resolution to the creation of the
40	40	district and to the inclusion of land in the district as required by
41	41	applicable law.
42	42	Sec. 7989A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
43	43	(a) The district is created to serve a public purpose and benefit.
44	44	(b) The district is created to accomplish the purposes of:
45	45	(1) a municipal utility district as provided by
46	46	general law and Section 59, Article XVI, Texas Constitution; and
47	47	(2) Section 52, Article III, Texas Constitution, that
48	48	relate to the construction, acquisition, improvement, operation,
49	49	or maintenance of macadamized, graveled, or paved roads, or
50	50	improvements, including storm drainage, in aid of those roads.
51	51	Sec. 7989A.0106. INITIAL DISTRICT TERRITORY. (a) The
52	52	district is initially composed of the territory described by
53	53	Section 2 of the Act enacting this chapter.
54	54	(b) The boundaries and field notes contained in Section 2 of
55	55	the Act enacting this chapter form a closure. A mistake made in the
56	56	field notes or in copying the field notes in the legislative process
57	57	does not affect the district's:
58	58	(1) organization, existence, or validity;
59	59	(2) right to issue any type of bond for the purposes
60	60	for which the district is created or to pay the principal of and
61	61	interest on a bond;
62	62	(3) right to impose a tax; or
63	63	(4) legality or operation.
64	64	SUBCHAPTER B. BOARD OF DIRECTORS
65	65	Sec. 7989A.0201. GOVERNING BODY; TERMS. (a) The district
66	66	is governed by a board of five elected directors.
67	67	(b) Except as provided by Section 7989A.0202, directors
68	68	serve staggered four-year terms.
69	69	Sec. 7989A.0202. TEMPORARY DIRECTORS. (a) The temporary
70	70	board consists of:
71	71	(1) Carson Vaughn;
72	72	(2) Jarrod Tyler Karonika;
73	73	(3) Randall Lavender;
74	74	(4) Jeffrey Grier; and
75	75	(5) Josue Limon.
76	76	(b) Temporary directors serve until the earlier of:
77	77	(1) the date permanent directors are elected under
78	78	Section 7989A.0103; or
79	79	(2) the fourth anniversary of the effective date of
80	80	the Act enacting this chapter.
81	81	(c) If permanent directors have not been elected under
82	82	Section 7989A.0103 and the terms of the temporary directors have
83	83	expired, successor temporary directors shall be appointed or
84	84	reappointed as provided by Subsection (d) to serve terms that
85	85	expire on the earlier of:
86	86	(1) the date permanent directors are elected under
87	87	Section 7989A.0103; or
88	88	(2) the fourth anniversary of the date of the
89	89	appointment or reappointment.
90	90	(d) If Subsection (c) applies, the owner or owners of a
91	91	majority of the assessed value of the real property in the district
92	92	may submit a petition to the commission requesting that the
93	93	commission appoint as successor temporary directors the five
94	94	persons named in the petition. The commission shall appoint as
95	95	successor temporary directors the five persons named in the
96	96	petition.
97	97	SUBCHAPTER C. POWERS AND DUTIES
98	98	Sec. 7989A.0301. GENERAL POWERS AND DUTIES. The district
99	99	has the powers and duties necessary to accomplish the purposes for
100	100	which the district is created.
101	101	Sec. 7989A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
102	102	DUTIES. The district has the powers and duties provided by the
103	103	general law of this state, including Chapters 49 and 54, Water Code,
104	104	applicable to municipal utility districts created under Section 59,
105	105	Article XVI, Texas Constitution.
106	106	Sec. 7989A.0303. AUTHORITY FOR ROAD PROJECTS. Under
107	107	Section 52, Article III, Texas Constitution, the district may
108	108	design, acquire, construct, finance, issue bonds for, improve,
109	109	operate, maintain, and convey to this state, a county, or a
110	110	municipality for operation and maintenance macadamized, graveled,
111	111	or paved roads, or improvements, including storm drainage, in aid
112	112	of those roads.
113	113	Sec. 7989A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
114	114	road project must meet all applicable construction standards,
115	115	zoning and subdivision requirements, and regulations of each
116	116	municipality in whose corporate limits or extraterritorial
117	117	jurisdiction the road project is located.
118	118	(b) If a road project is not located in the corporate limits
119	119	or extraterritorial jurisdiction of a municipality, the road
120	120	project must meet all applicable construction standards,
121	121	subdivision requirements, and regulations of each county in which
122	122	the road project is located.
123	123	(c) If the state will maintain and operate the road, the
124	124	Texas Transportation Commission must approve the plans and
125	125	specifications of the road project.
126	126	Sec. 7989A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
127	127	ORDINANCE OR RESOLUTION. The district shall comply with all
128	128	applicable requirements of any ordinance or resolution that is
129	129	adopted under Section 54.016 or 54.0165, Water Code, and that
130	130	consents to the creation of the district or to the inclusion of land
131	131	in the district.
132	132	Sec. 7989A.0306. DIVISION OF DISTRICT. (a) The board, on
133	133	its own motion or on receipt of a petition signed by the owner or
134	134	owners of a majority of the assessed value of the real property in
135	135	the district, may adopt an order dividing the district.
136	136	(b) An order dividing a district may create one or more new
137	137	districts and may provide for the continuation of the district.
138	138	(c) An order dividing the district shall:
139	139	(1) name any new district;
140	140	(2) include the metes and bounds description of the
141	141	territory of each of the districts;
142	142	(3) appoint temporary directors for any new district;
143	143	and
144	144	(4) provide for the division of assets and liabilities
145	145	between the districts.
146	146	(d) The board may adopt an order dividing the district
147	147	before or after the date the board holds an election to confirm the
148	148	district's creation.
149	149	(e) The district may be divided only if the district:
150	150	(1) has never issued any bonds; and
151	151	(2) is not imposing ad valorem taxes.
152	152	(f) A new district created by the division of the district
153	153	may not, at the time the new district is created, contain any land
154	154	outside the area described by Section 2 of the Act enacting this
155	155	chapter.
156	156	(g) On or before the 30th day after the date of adoption of
157	157	an order dividing the district, the district shall file the order
158	158	with the commission and record the order in the real property
159	159	records of each county in which the district is located.
160	160	(h) This chapter applies to any new district created by the
161	161	division of the district, and a new district has all the powers and
162	162	duties of the district.
163	163	(i) A new district created by the division of the district
164	164	shall hold a confirmation and directors' election.
165	165	(j) If the creation of the new district is confirmed, the
166	166	new district shall provide the election date and results to the
167	167	commission.
168	168	(k) A new district created by the division of the district
169	169	must hold an election as required by this chapter to obtain voter
170	170	approval before the district may impose a maintenance tax or issue
171	171	bonds payable wholly or partly from ad valorem taxes.
172	172	(l) The district may continue to rely on confirmation,
173	173	directors', bond, or tax elections held prior to the division.
174	174	(m) Municipal consent to the creation of the district and to
175	175	the inclusion of land in the district acts as municipal consent to
176	176	the creation of any new district created by the division of the
177	177	district and to the inclusion of land in the new district.
178	178	Sec. 7989A.0307. STRATEGIC PARTNERSHIP AGREEMENT. The
179	179	district may negotiate and enter into a written strategic
180	180	partnership agreement under Section 43.0751, Local Government
181	181	Code, with a municipality in whose extraterritorial jurisdiction
182	182	the district is located.
183	183	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
184	184	Sec. 7989A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
185	185	The district may issue, without an election, bonds and other
186	186	obligations secured by:
187	187	(1) revenue other than ad valorem taxes; or
188	188	(2) contract payments described by Section
189	189	7989A.0403.
190	190	(b) The district must hold an election in the manner
191	191	provided by Chapters 49 and 54, Water Code, to obtain voter approval
192	192	before the district may impose an ad valorem tax or issue bonds
193	193	payable from ad valorem taxes.
194	194	(c) The district may not issue bonds payable from ad valorem
195	195	taxes to finance a road project unless the issuance is approved by a
196	196	vote of a two-thirds majority of the district voters voting at an
197	197	election held for that purpose.
198	198	Sec. 7989A.0402. OPERATION AND MAINTENANCE TAX. (a) If
199	199	authorized at an election held under Section 7989A.0401, the
200	200	district may impose an operation and maintenance tax on taxable
201	201	property in the district in accordance with Section 49.107, Water
202	202	Code.
203	203	(b) The board shall determine the tax rate. The rate may not
204	204	exceed the rate approved at the election.
205	205	Sec. 7989A.0403. CONTRACT TAXES. (a) In accordance with
206	206	Section 49.108, Water Code, the district may impose a tax other than
207	207	an operation and maintenance tax and use the revenue derived from
208	208	the tax to make payments under a contract after the provisions of
209	209	the contract have been approved by a majority of the district voters
210	210	voting at an election held for that purpose.
211	211	(b) A contract approved by the district voters may contain a
212	212	provision stating that the contract may be modified or amended by
213	213	the board without further voter approval.
214	214	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
215	215	Sec. 7989A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
216	216	OBLIGATIONS. The district may issue bonds or other obligations
217	217	payable wholly or partly from ad valorem taxes, impact fees,
218	218	revenue, contract payments, grants, or other district money, or any
219	219	combination of those sources, to pay for any authorized district
220	220	purpose.
221	221	Sec. 7989A.0502. TAXES FOR BONDS. At the time the district
222	222	issues bonds payable wholly or partly from ad valorem taxes, the
223	223	board shall provide for the annual imposition of a continuing
224	224	direct ad valorem tax, without limit as to rate or amount, while all
225	225	or part of the bonds are outstanding as required and in the manner
226	226	provided by Sections 54.601 and 54.602, Water Code.
227	227	Sec. 7989A.0503. BONDS FOR ROAD PROJECTS. At the time of
228	228	issuance, the total principal amount of bonds or other obligations
229	229	issued or incurred to finance road projects and payable from ad
230	230	valorem taxes may not exceed one-fourth of the assessed value of the
231	231	real property in the district.
232	232	SECTION 2. The Martindale Municipal Utility District No. 1
233	233	of Caldwell County, Texas, initially includes all the territory
234	234	contained in the following area:
235	235	Being a 297.008 acre tract of land lying in the Stephen B.
236	236	Morrison Survey No. 2, Abstract No. 19, Caldwell County, Texas,
237	237	said 297.008 acre tract being a portion of a 441 acre tract of land
238	238	described in a Deed of Distribution to Herbert Richard Conrads,
239	239	dated May 10, 1993, and recorded in Volume 90, Page 891, Official
240	240	Public Records of Caldwell County, Texas; said 297.008 acre tract
241	241	being more particularly described as follows:
242	242	BEGINNING: at a point at the intersection of the northeast
243	243	right-of-way line of San Marcos Highway - Highway 80 (varying width
244	244	right-of-way) and a southeast line of the aforementioned 441 acre
245	245	tract, for the most easterly east corner of a 6.702 acre tract of
246	246	land, same being the San Marcos Highway right-of-way, to the State
247	247	of Texas as described and recorded in Volume 144, Page 518, Deed
248	248	Records of Caldwell County, Texas, the west corner of a 168.42 acre
249	249	tract of land as described and recorded in Volume 500, Page 70,
250	250	Official Public Records of Caldwell County, Texas, and a south
251	251	corner of the herein described 297.008 acre tract, from which a 1/2"
252	252	iron rod with plastic cap stamped "CHAPARREL BOUNDARY" found bears
253	253	N48°29'05"E, a distance of 0.73 feet;
254	254	THENCE: leaving a southeast line of the aforementioned 441
255	255	acre tract, along the northeast right-of-way line of the
256	256	aforementioned San Marcos Highway and the northeast line of the
257	257	aforementioned 6.702 acre tract, the following nine (9) courses and
258	258	distances,
259	259	N59°29'04"W, a distance of 145.81 feet (Record -
260	260	N59°06"W) to a TxDOT Type I concrete monument found for an interior
261	261	corner of the herein described 297.008 acre tract,
262	262	S29°59'59"W, a distance of 40.00 feet (Record - S30°54"W
263	263	~ 40.00') to a 1/2" iron rod with yellow plastic cap stamped
264	264	"CHAPARRAL" found for a south corner of the herein described
265	265	297.008 acre tract,
266	266	N59°48'32"W, a distance of 499.87 feet (Record - N59°06"W
267	267	~ 500.00) to a 1/2" iron rod with yellow plastic cap stamped
268	268	"CHAPARRAL" found for a west corner of the herein described 297.008
269	269	acre tract,
270	270	N29°56'29"E, a distance of 25.00 feet (Record - N30°54"E
271	271	~ 25.00') to a broken TxDOT Type I concrete monument found for an
272	272	interior corner of the herein described 297.008 acre tract,
273	273	N59°48'38"W, a distance of 800.15 feet (Record - N59°06"W
274	274	~ 800.00) to a point for an interior corner of the herein described
275	275	297.008 acre tract, from which a TxDOT Type I concrete monument
276	276	found bears S07°44'41"W, a distance of 0.62 feet,
277	277	S30°10'51"W, a distance of 35.00 feet (Record - S30°54"W
278	278	~ 35.00') to a point for a south corner of the herein described
279	279	297.008 acre tract, from which a broken TxDOT Type I concrete
280	280	monument found bears S51°34'34"W, a distance of 1.31 feet,
281	281	N59°49'09"W, a distance of 245.20 feet (Record - N59°06"W
282	282	~ 245.20) to a point for a point of curvature of a curve to the left,
283	283	from which a broken TxDOT Type I concrete monument found, bears
284	284	S25°54'37"W, a distance of 1.33 feet,
285	285	an arc length of 514.45 (Record - 510.00') with said
286	286	curve to the left having a radius of 5,779.58 feet, a delta of
287	287	5°06'00" (Record - 5°06'), and a chord which bears N62°22'09"W, a
288	288	distance of 514.28 to a TxDOT Type I concrete monument found for a
289	289	point of tangency, and
290	290	N64°55'09"W, a distance of 45.76 feet (Record - N64°12"W)
291	291	to a 1/2" iron rod found in a northwest line of said 441 acre tract
292	292	for the most northerly north corner of said 6.702 acre tract, the
293	293	south corner of an 86.44 acre tract of land described as "Tract 3"
294	294	and recorded in Volume 523, Page 710, Official Public Records of
295	295	Caldwell County, Texas, and the west corner of the herein described
296	296	297.008 acre tract;
297	297	THENCE: leaving the northeast right-of-way line of the
298	298	aforementioned San Marcos Highway, along a northwest line of the
299	299	aforementioned 411 acre tract and the southeast line of the
300	300	aforementioned 86.44 acre tract, N48°33'10"E, a distance of 695.34
301	301	feet (Record - N48°19'39"E ~ 693.02') to a 1" iron pipe found for the
302	302	northeast corner of said 86.44 acre tract, the south corner of a
303	303	24.34 acre tract of land as described and recorded in Volume 399,
304	304	Page 459, Deed Records of Caldwell County, Texas, and an angle point
305	305	of the herein described 297.008 acre tract;
306	306	THENCE: continuing along a northwest line of the
307	307	aforementioned 441 acre tract, the southeast line of the
308	308	aforementioned 24.34 acre tract, and the southeast line of an
309	309	18.7578 acre tract of land as described and recorded in Volume 458,
310	310	Page 376, Official Public Records of Real Property of Caldwell
311	311	County, Texas, N48°40'45"E, a distance of 1,974.74 feet (Record -
312	312	N50°E) to a 1/2" iron rod found for the northeast corner of said
313	313	18.7578 acre tract, the south corner of a 126.322 acre tract of land
314	314	described as "Tract 2" and recorded in Document Number 2017001147,
315	315	Official Public Records of Caldwell County, Texas, and an angle
316	316	point of the herein described 297.008 acre tract;
317	317	THENCE: continuing along a northwest line of the
318	318	aforementioned 441 acre tract and the southeast line of the
319	319	aforementioned 126.322 acre tract, N48°36'18"E, a distance of
320	320	1,784.11 feet (Record - N48°36'18"E ~ 1,784.10') to a 1/2" iron rod
321	321	found for the northeast corner of said 126.322 acre tract, the south
322	322	corner of a 126.932 acre tract of land described as "Tract 1" and
323	323	recorded in Document Number 2017001147, Official Public Records of
324	324	Caldwell County, Texas, and an angle point of the herein described
325	325	297.008 acre tract;
326	326	THENCE: continuing along a northwest line of the
327	327	aforementioned 441 acre tract and the southeast line of the
328	328	aforementioned 126.932 acre tract, N48°36'06"E, a distance of
329	329	1,781.08 feet (Record - N50°00'00"E ~ 1,781.08') to a 1/2" iron rod
330	330	with yellow plastic cap stamped "CHAPARRAL" found for the northeast
331	331	corner of said 126.932 acre tract, a south corner of a 2,717.59 acre
332	332	tract of land as described and recorded in Document Number
333	333	2020003860, Official Public Records of Caldwell County, Texas, and
334	334	an angle point of the herein described 297.008 acre tract;
335	335	THENCE: continuing along a northwest line of the
336	336	aforementioned 441 acre tract and a southeast line of the
337	337	aforementioned 2,717.59 acre tract, N48°27'27"E, a distance of
338	338	311.34 feet (Record - N48°38'22"E ~ 311.05') to a rock found for the
339	339	north corner of said 411 acre tract, an interior corner of said
340	340	2,717.59 acre tract, and the north corner of the herein described
341	341	297.008 acre tract;
342	342	THENCE: along the northeast line of the aforementioned 441
343	343	acre tract and a southwest line of the aforementioned 2,717.59 acre
344	344	tract, S41°23'14"E, a distance of 2,097.22 feet (Record -
345	345	S41°23'14"E ~ 755 varas (2,097.22')) to a 1/2" iron rod with plastic
346	346	cap stamped "MMES RPLS 6490" found for the most northerly east
347	347	corner of said 411 acre tract, the most westerly north corner of the
348	348	aforementioned 168.42 acre tract, and the east corner of the herein
349	349	described 297.008 acre tract;
350	350	THENCE: along a southeast line of the aforementioned 411 acre
351	351	tract and the northwest line of the aforementioned 168.42 acre
352	352	tract, S48°28'40"W, a distance of 5,763.12 feet (Record - S50°W) to
353	353	the PLACE OF BEGINNING and containing 297.008 acres of land.
354	354	Being an 168.524 acre tract of land lying in the S. B.
355	355	Morrison League, Abstract No. 19, Caldwell County, Texas, said
356	356	168.524 acre tract being the same 168.42 acre tract of land as
357	357	described in a Warranty Deed to Lawson Colwell and Gretchen Ann
358	358	Schmid, as Trustees of the Lawson Colwell Living Trust, dated June
359	359	18, 2007, and recorded in Volume 500, Page 70, Official Public
360	360	Records of Caldwell County, Texas; said 168.524 acre tract being
361	361	more particularly described as follows:
362	362	BEGINNING: at a point found at the intersection of the
363	363	existing northeast right-of-way line of San Marcos Highway -
364	364	Highway 80 (varying width right-of-way) and a southeast line of a
365	365	remaining portion of 441 acre tract of land as described and
366	366	recorded in Volume 90, Page 891, Official Public Records of Real
367	367	Property of Caldwell County, Texas, for a west corner of the herein
368	368	described 168.524 acre tract, from which a 1/2" iron rod with
369	369	plastic cap found bears N48°29'05"E, a distance of 0.73 feet;
370	370	THENCE: leaving the existing northeast right-of-way line of
371	371	the aforementioned San Marcos Highway, along the a southeast line
372	372	of the aforementioned 441 acre tract, N48°28'40"E, a distance of
373	373	5,763.12 feet (Record - N49°32'30"E ~ 1,958.09') feet (Record -
374	374	N49°50'04"E ~ 1,412.78') (Record - N49°42'26"E ~ 2,388.57') to a 1/2"
375	375	iron rod with plastic cap stamped "MMES RPLS 6490" set in a south
376	376	line of a 2,717.59 acre tract of land as described and recorded in
377	377	Document #2020003860, Official Public Records of Caldwell County,
378	378	Texas, for the most westerly north corner of the aforementioned
379	379	168.42 acre tract, the east corner of said 441 acre tract, and the
380	380	most westerly north corner of the herein described 168.524 acre
381	381	tract, from which a rock found for an interior corner of said
382	382	2,717.59 acre tract and the north corner of said 441 acre tract
383	383	bears N41°23'14"W, 2,097.22 feet (Record - N40°W~755 varas
384	384	(2,097.22'));
385	385	THENCE: along a northeast line of the aforementioned 168.42
386	386	acre tract and a southwest line of the aforementioned 2,717.59 acre
387	387	tract, S42°36'01"E, a distance of 55.19 feet (Record - S41°48'14"E ~
388	388	56.85') to a fence corner post found with washer stamped "PROTECH"
389	389	for an interior corner of said 168.42 acre tract, a south corner of
390	390	said 2,717.59 acre tract, and an interior corner of the herein
391	391	described 168.524 acre tract;
392	392	THENCE: along a northwest line of the aforementioned 168.42
393	393	acre, N64°34'26"E, a distance of 13.67 feet (Record - N60°35'24"E ~
394	394	13.82') to a fence corner post found with washer stamped "PROTECH"
395	395	for a north corner of said 168.42 acre tract, the west corner of an
396	396	abandoned roadway, and a north corner of the herein described
397	397	168.524 acre tract;
398	398	THENCE: along a northeast line of the aforementioned 168.42
399	399	acre tract and the southwest line of the aforementioned abandoned
400	400	roadway, S41°38'26"E, a distance of 1,268.41 feet (Record -
401	401	S40°06'26"E ~ 1.265.75') to a 3-inch diameter metal fence corner
402	402	post found, for the northeast corner of said 168.42 acre tract and
403	403	the north corner of 55.29 acre tract of land as described and
404	404	recorded in Volume 415, Page 667, Official Public Records of Real
405	405	Property of Caldwell County, Texas, and the east corner of the
406	406	herein described 168.524 acre tract;
407	407	THENCE: along the southeast line of the aforementioned 168.42
408	408	acre tract, the northwest line of the aforementioned 55.29 acre
409	409	tract, the northwest line of a 18.76 acre "Tract 1" tract of land
410	410	and the northwest line of a 21.44 acre "Tract 2" tract of land as
411	411	described and recorded in Document #2015006288, Official Public
412	412	Records of Caldwell County Texas, the northwest line of a 42.464
413	413	acre tract of land as described and recorded in Volume 3, Page 113,
414	414	Deed Records of Caldwell County, Texas, and the northwest line of a
415	415	16.602 acre tract of land as described and recorded in Document
416	416	#2015002213, Official Public Records of Real Property of Caldwell
417	417	County, Texas the following six (6) courses and distances:
418	418	S48°39'40"W, a distance of 391.45 feet (Record - S49°50'21"W ~
419	419	391.38') to a 2-inch diameter metal fence corner post found for an
420	420	angle point of the herein described 168.524 acre tract,
421	421	S48°24'28"W, a distance of 423.75 feet (Record - S49°45'57"W
422	422	~423.51') to a 2-inch diameter metal fence corner post found for an
423	423	angle point of the herein described 168.524 acre tract,
424	424	S48°23'57"W, a distance of 497.23 feet (Record - S49°49'38"W ~
425	425	497.45') to a 3-inch diameter metal fence corner post found for an
426	426	angle point of the herein described 168.524 acre tract,
427	427	S49°06'01"W, a distance of 632.02 feet (Record - S50°16'45"W ~
428	428	632.36') to a 2-inch diameter metal fence corner post found for an
429	429	angle point of the herein described 168.524 acre tract,
430	430	S49°04'22"W, a distance of 1,071.61 feet (Record - S50°17'34W
431	431	~ 683.86' and S50°31'44"W ~ 401.67') to a point in fence for an angle
432	432	point of the herein described 168.524 acre tract, and
433	433	S48°33'16"W. a distance of 2,363.51 feet (Record - S49°50'56"W
434	434	~ 2,347.82') to a point, lying in the existing northeast
435	435	right-of-way line of the aforementioned San Marcos Highway, for a
436	436	point of curvature of a curve to the left, the south corner of said
437	437	168.42 acre tract, and the south corner of the herein described
438	438	168.524 acre tract, from which a 3/8" iron rod found bears
439	439	N48°33'16"E, 1.63 feet;
440	440	Being an 133.368 acre tract of land lying in the Stephen B.
441	441	Morrison Survey No. 2, Abstract No. 19, Caldwell County, Texas,
442	442	said 133.368 acre tract being a portion of a 441 acre tract of land
443	443	as described in a Deed of Distribution to Herbert Richard Conrads,
444	444	dated May 10, 1993, and recorded in Volume 90, Page 891, Official
445	445	Public Records of Real Property of Caldwell County, Texas; said
446	446	133.368 acre tract being more particularly described as follows:
447	447	BEGINNING: at a 1/2" iron rod with yellow plastic cap stamped
448	448	"FENSTERMAKER 10028501" found at the intersection of the southwest
449	449	right-of-way line of San Marcos Highway - Highway 80 (varying width
450	450	right-of-way) and a southeast line of the aforementioned 441 acre
451	451	tract, for the most easterly south corner of a 6.702 acre tract of
452	452	land, same being the San Marcos Highway right-of-way, to the State
453	453	of Texas, recorded in Volume 144, Page 518, Deed Records of Caldwell
454	454	County, Texas, and the most northerly east corner of the herein
455	455	described 133.368 acre tract;
456	456	THENCE: along a southeast line of the aforementioned 441 acre
457	457	tract, S48°31'55"W (Record - S50°W), passing a point for the north
458	458	corner of a 54.52 acre tract of land as described and recorded in
459	459	Document Number 135033, Official Public Records of Caldwell County,
460	460	Texas, at a distance of 42.06 feet, also passing a 5/8" iron rod
461	461	with aluminum cap (not legible) found for the most northerly west
462	462	corner of said 54.52 acre tract and the north corner of a 40 acre
463	463	tract of land as described and recorded in Volume 275, Page 888,
464	464	Official Public Records of Caldwell County, Texas, at a distance of
465	465	207.11, also passing 1/2" iron rod with yellow cap stamped
466	466	"FENSTERMAKER 10028501" found for reference to the centerline of
467	467	Morrison Creek at a distance of 1,792.94 feet, a total distance of
468	468	1,905.02 feet to a point in the centerline of said Morrison Creek
469	469	and an interior corner of the herein described 133.368 acre tract;
470	470	THENCE: along the centerline of the aforementioned Morrison
471	471	Creek, a northeast line of the aforementioned 441 acre tract, and
472	472	the southwest line of the aforementioned 40 acre tract, the
473	473	following twenty-two (22) courses and distances,
474	474	S00°53'25"W a distance of 21.26 feet to a point for an angle
475	475	point of the herein described 133.368 acre tract,
476	476	S21°04'32"E, a distance of 36.87 feet to a point for an angle
477	477	point of the herein described 133.368 acre tract,
478	478	S17°15'03"E, a distance of 96.31 feet to a point for an angle
479	479	pointr of the herein described 133.368 acre tract,
480	480	S07°41'41"E, a distance of 48.19 feet to a point for an angle
481	481	point of the herein described 133.368 acre tract,
482	482	S04°52'24"W, a distance of 44.12 feet to a point for an angle
483	483	point of the herein described 133.368 acre tract,
484	484	S24°28'00"W, a distance of 50.20 feet to a point for an angle
485	485	point of the herein described 133.368 acre tract,
486	486	S53°10'53"W, a distance of 33.12 feet to a point for an angle
487	487	point of the herein described 133.368 acre tract,
488	488	S64°41'55"W, a distance of 39.10 feet to a point for an angle
489	489	point of the herein described 133.368 acre tract,
490	490	S81°19'50"W, a distance of 30.45 feet to a point for an angle
491	491	point of the herein described 133.368 acre tract,
492	492	S50°22'34"W, a distance of 48.44 feet to a point for an angle
493	493	point of the herein described 133.368 acre tract,
494	494	S64°10'49"W, a distance of 51.50 feet to a point for an angle
495	495	point of the herein described 133.368 acre tract,
496	496	S80°30'20"W, a distance of 83.42 feet to a point for an angle
497	497	point of the herein described 133.368 acre tract,
498	498	S60°40'09"W, a distance of 21.15 feet to a point for an angle
499	499	point of the herein described 133.368 acre tract,
500	500	S03°58'32"E, a distance of 38.09 feet to a point for an angle
501	501	point of the herein described 133.368 acre tract,
502	502	S14°39'02"W, a distance of 41.21 feet to a point for an angle
503	503	point of the herein described 133.368 acre tract,
504	504	S09°39'06"E, a distance of 23.28 feet to a point for an angle
505	505	point of the herein described 133.368 acre tract,
506	506	S26°38'10"E, a distance of 51.18 feet to a point for an angle
507	507	point of the herein described 133.368 acre tract,
508	508	S13°00'17"E, a distance of 83.32 feet to a point for an angle
509	509	point of the herein described 133.368 acre tract,
510	510	S25°51'11"E, a distance of 100.46 feet to a point for an angle
511	511	point of the herein described 133.368 acre tract,
512	512	S36°01'22"E, a distance of 91.17 feet to a point for an angle
513	513	point of the herein described 133.368 acre tract,
514	514	S40°12'01"E, a distance of 113.87 feet to a point for an angle
515	515	point of the herein described 133.368 acre tract, and
516	516	S43°59'42"E, a distance of 196.24 feet to a point for most
517	517	southerly east corner of said 441 acre tract, the south corner of
518	518	said 40 acre tract, the most southerly west corner of the
519	519	aforementioned 54.52 acre tract, the north corner of 2.0 acre tract
520	520	of land as described and recorded in Document Number 2016-003354,
521	521	Official Public Records of Caldwell County, Texas, and the most
522	522	southerly east corner of the herein described 133.368 acre tract;
523	523	THENCE: leaving the centerline of the aforementioned
524	524	Morrison Creek, along a southeast line of the aforementioned 441
525	525	acre tract and the northwest line of the aforementioned 2.0 acre
526	526	tract, S47°51'47"W, passing a 1/2" iron rod with plastic cap stamped
527	527	"MMES RPLS 6490" set for a point of reference of the centerline of
528	528	Morrison Creek at a distance of 20.00 feet, a total distance of
529	529	191.94 feet (Record - S50°W ~ 194.44') to a 3/4" iron rod found in
530	530	the limits of S.E. River Road (variable width right-of-way) for the
531	531	south corner of said 441 acre tract and the south corner of the
532	532	herein described 133.368 acre tract;
533	533	THENCE: along the southwest lines of the aforementioned 441
534	534	acre tract, and within the limits of the aforementioned S.E. River
535	535	Road, the following five (5) courses and distances,
536	536	N69°38'13"W, a distance of 139.15 feet (Record - N67°30"W ~ 60
537	537	varas (166.67')) to a 3/4" iron rod leaning found for an angle point
538	538	of the herein described 133.368 acre tract,
539	539	N85°43'19"W, a distance of 376.67 feet (Record - N84°W ~ 136.5
540	540	varas (379.17')) to a MAG nail with washer stamped "MMES RPLS 6490"
541	541	set for an angle point of the herein described 133.368 acre tract,
542	542	N76°13'19"W, a distance of 1,294.19 feet (Record - N74°30'W ~
543	543	469 varas (1,302.78')) to a 60D nail found for an angle point of the
544	544	herein described 133.368 acre tract,
545	545	N70°01'56"W, a distance of 572.17 feet (Record - N68°30'W ~ 208
546	546	varas (577.16')) to a MAG nail with washer stamped "MMES RPLS 6490"
547	547	set for an angle point of the herein described 133.368 acre tract,
548	548	and
549	549	N41°01'56"W, a distance of 151.30 feet (Record - N39°30'W ~ 55
550	550	varas (152.78')) to a 1/2" iron rod found for the most southerly
551	551	west corner of said 441 acre tract, the south corner of a 1.0466
552	552	acre tract of land described and recorded in Volume 335, Page 922,
553	553	Official Public Records of Caldwell County, Texas, and the most
554	554	southerly west corner of the herein described 133.368 acre tract;
555	555	THENCE: leaving the aforementioned S.E. River Road, along a
556	556	northwest line of the aforementioned 441 acre tract and the
557	557	southwest line of the aforementioned 1.0466 acre tract,
558	558	N49°29'46"E, a distance of 400.02 feet (Record - N50°E) to a 60D nail
559	559	found for the northeast corner of said 1.0466 acre tract and an
560	560	angle point of the herein described 133.368 acre tract;
561	561	THENCE: continuing along a northwest line of the
562	562	aforementioned 441 acre tract, the southeast line of a 0.7904 of an
563	563	acre tract of land described and recorded in Volume 561, Page 583,
564	564	Official Public Records of Caldwell County, Texas, the southeast
565	565	line of a 40 acre tract of land described as "Tract 1 - Tract 5" and
566	566	recorded in Volume 101, Page 433, Official Public Records of
567	567	Caldwell County, Texas, the southeast line of a 1/3 of an acre tract
568	568	of land described and recorded in Volume 277, Page 548, Deed Records
569	569	of Caldwell County, Texas, the southeast line of a 1/3 acre tract of
570	570	land as described and recorded in Volume 277, Page 548, Deed Records
571	571	of Caldwell County, Texas, and the southeast line of a 2.0 acre
572	572	tract of land described and recorded in Volume 92, Page 634, Deed
573	573	Records of Caldwell County, Texas, N49°12'28"E (Record - N50°E),
574	574	passing a 1/2" iron rod with plastic cap stamped "MMES RPLS 6490"
575	575	set for a point of reference of the centerline of Hemphill Creek at
576	576	a distance of 1,786.98 feet, a total distance of 1,813.63 feet to a
577	577	point in the centerline of said Hemphill Creek, for an interior
578	578	corner of said 441 acre tract, the east corner of said 2.0 acre
579	579	tract, and an interior corner of the herein described 133.368 acre
580	580	tract;
581	581	THENCE: along the southwest lines of the aforementioned 441
582	582	acre tract, the northeast line of the aforementioned 2.0 acre
583	583	tract, the northeast lines of the aforementioned 40 acre tract, and
584	584	the centerline of aforementioned Hemphill Creek the following
585	585	fifteen (15) courses and distances,
586	586	N76°05'27"W, a distance of 19.82 feet to a point for an angle
587	587	point of the herein described 133.368 acre tract,
588	588	N85°59'21"W, a distance of 35.03 feet to a point for an angle
589	589	point of the herein described 133.368 acre tract,
590	590	N73°49'55"W, a distance of 27.15 feet to a point for an angle
591	591	point of the herein described 133.368 acre tract,
592	592	N61°01'47"W, a distance of 44.86 feet to a point for an angle
593	593	point of the herein described 133.368 acre tract,
594	594	N44°28'47"W, a distance of 98.19 feet to a point for an angle
595	595	point of the herein described 133.368 acre tract,
596	596	N33°28'48"W, a distance of 42.01 feet to a point for an angle
597	597	point of the herein described 133.368 acre tract,
598	598	N17°36'42"W, a distance of 70.02 feet to a point for an angle
599	599	point of the herein described 133.368 acre tract,
600	600	N00°24'46"E, a distance of 41.36 feet to a point for an angle
601	601	point of the herein described 133.368 acre tract,
602	602	N11°57'46"W, a distance of 70.04 feet to a point for an angle
603	603	point of the herein described 133.368 acre tract,
604	604	N43°00'52"W, a distance of 29.10 feet to a point for an angle
605	605	point of the herein described 133.368 acre tract,
606	606	N87°46'17"W, a distance of 29.31 feet to a point for an angle
607	607	point of the herein described 133.368 acre tract,
608	608	S82°58'32"W, a distance of 34.18 feet to a point for an angle
609	609	point of the herein described 133.368 acre tract,
610	610	S72°52'38"W, a distance of 70.24 feet to a point for an angle
611	611	point of the herein described 133.368 acre tract,
612	612	S80°59'30"W, a distance of 113.36 feet to a point for an angle
613	613	point of the herein described 133.368 acre tract, and
614	614	S89°34'24"W, a distance of 58.00 feet to a point for the south
615	615	corner of a 8.05 acre tract of land as described and recorded in
616	616	Volume 582, Page 205, Official Public Records of Caldwell County,
617	617	Texas, and the most northerly west corner of the herein described
618	618	133.368 acre tract;
619	619	THENCE: leaving the centerline of the aforementioned
620	620	Hemphill Creek, along the southeast line of the aforementioned 8.05
621	621	acre tract, N48°31'37"E (Record - N50°E), passing a 1/2" iron found
622	622	for a reference point to the centerline of said Hemphill Creek at a
623	623	distance of 57.28 feet, a total distance of 1,447.28 feet to a point
624	624	in the south right-of-way line of the aforementioned San Marcos
625	625	Highway for a point of curvature of a curve to the right, the east
626	626	corner of said 8.05 acre tract, and the most northerly north corner
627	627	of the herein described 133.368 acre tract, from which a 1/2" iron
628	628	rod found bears N48°31'37"E, a distance of 0.53 feet;
629	629	THENCE: along the southwest right-of-way line of the
630	630	aforementioned San Marcos Highway, an arc length of 312.50 feet
631	631	with said curve to the right, having a radius of 5,679.58 feet
632	632	(Record - 5,679.58'), a delta angle of 03°09'09", and a chord which
633	633	bears S61°23'44"E, a distance of 312.46 feet to a point for a point
634	634	of tangency of the herein described 133.368 acre tract, from which a
635	635	broken TxDOT Type I concrete monument found, bears N26°54'38"E, a
636	636	distance of 1.34 feet;
637	637	THENCE: continuing along the southwest right-of-way line of
638	638	the aforementioned San Marcos Highway the following six (6) courses
639	639	and distances,
640	640	S59°49'09"E, a distance of 245.09 feet (Record - S59°06'E ~
641	641	245.20') to a point for an east corner of the herein described
642	642	133.368 acre tract, from which a bent 1" iron bar found, bears
643	643	N59°31'55"E, a distance of 1.01 feet,
644	644	S30°13'40"W, a distance of 10.00 feet (Record - S30°54'W ~
645	645	10.00') to a 1/2" iron rod with plastic cap stamped "MMES RPLS 6490"
646	646	set for an interior corner of the herein described 133.368 acre
647	647	tract,
648	648	S59°49'09"E, a distance of 200.12 feet (Record - S59°06'E ~
649	649	200.00') to a point for an east corner of the herein described
650	650	133.368 acre tract, from which a leaning TxDOT Type I concrete
651	651	monument found, bears N45°05'43"E, a distance of 0.86 feet,
652	652	S30°10'51"W, a distance of 30.00 feet (Record - S30°54'W ~
653	653	30.00') to a 1/2" iron rod with plastic cap stamped "MMES RPLS 6490"
654	654	set for an interior corner of the herein described 133.368 acre
655	655	tract,
656	656	S59°48'27"E, a distance of 599.98 feet (Record - S59°06'E ~
657	657	600.00') to a TxDOT Type I concrete monument found for an interior
658	658	corner of the herein described 133.368 acre tract, and
659	659	N30°14'05"E, a distance of 30.00 feet (Record - N30°54'E ~
660	660	30.00') to a point for a north corner of the herein described
661	661	133.368 acre tract, from which a broken TxDOT Type I concrete
662	662	monument found, bears N79°45'24"W, a distance of 1.19 feet;
663	663	THENCE: continuing along the southwest right-of-way line of
664	664	the aforementioned San Marcos Highway, S59°42'51"E, a distance of
665	665	591.16 feet (Record - S59°06'E) to the PLACE OF BEGINNING and
666	666	containing 133.368 acres of land.
667	667	SECTION 3. (a) The legal notice of the intention to
668	668	introduce this Act, setting forth the general substance of this
669	669	Act, has been published as provided by law, and the notice and a
670	670	copy of this Act have been furnished to all persons, agencies,
671	671	officials, or entities to which they are required to be furnished
672	672	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
673	673	Government Code.
674	674	(b) The governor, one of the required recipients, has
675	675	submitted the notice and Act to the Texas Commission on
676	676	Environmental Quality.
677	677	(c) The Texas Commission on Environmental Quality has filed
678	678	its recommendations relating to this Act with the governor, the
679	679	lieutenant governor, and the speaker of the house of
680	680	representatives within the required time.
681	681	(d) All requirements of the constitution and laws of this
682	682	state and the rules and procedures of the legislature with respect
683	683	to the notice, introduction, and passage of this Act are fulfilled
684	684	and accomplished.
685	685	SECTION 4. (a) If this Act does not receive a two-thirds
686	686	vote of all the members elected to each house, Subchapter C, Chapter
687	687	7989A, Special District Local Laws Code, as added by Section 1 of
688	688	this Act, is amended by adding Section 7989A.0308 to read as
689	689	follows:
690	690	Sec. 7989A.0308. NO EMINENT DOMAIN POWER. The district may
691	691	not exercise the power of eminent domain.
692	692	(b) This section is not intended to be an expression of a
693	693	legislative interpretation of the requirements of Section 17(c),
694	694	Article I, Texas Constitution.
695	695	SECTION 5. This Act takes effect immediately if it receives
696	696	a vote of two-thirds of all the members elected to each house, as
697	697	provided by Section 39, Article III, Texas Constitution. If this
698	698	Act does not receive the vote necessary for immediate effect, this
699	699	Act takes effect September 1, 2023.
700	700	* * * * *