Texas 2025 - 89th Regular

Texas House Bill HB5678 Compare Versions

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Old	New	Differences
1	1	89R20787 MCF-F
2	2	By: Gerdes H.B. No. 5678
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Rivers Market Place Municipal
10	10	Management District; providing authority to issue bonds; providing
11	11	authority to impose assessments, fees, and taxes; granting a
12	12	limited power of eminent domain.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle C, Title 4, Special District Local Laws
15	15	Code, is amended by adding Chapter 4022 to read as follows:
16	16	CHAPTER 4022. RIVERS MARKET PLACE MUNICIPAL MANAGEMENT DISTRICT
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 4022.0101. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the district's board of directors.
20	20	(2) "City" means the City of Elgin.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Rivers Market Place Municipal
23	23	Management District.
24	24	Sec. 4022.0102. NATURE OF DISTRICT. The Rivers Market
25	25	Place Municipal Management District is a special district created
26	26	under Section 59, Article XVI, Texas Constitution.
27	27	Sec. 4022.0103. PURPOSE; DECLARATION OF INTENT. (a) The
28	28	creation of the district is essential to accomplish the purposes of
29	29	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
30	30	Texas Constitution, and other public purposes stated in this
31	31	chapter.
32	32	(b) By creating the district and in authorizing the city and
33	33	other political subdivisions to contract with the district, the
34	34	legislature has established a program to accomplish the public
35	35	purposes set out in Section 52-a, Article III, Texas Constitution.
36	36	(c) The creation of the district is necessary to promote,
37	37	develop, encourage, and maintain employment, commerce,
38	38	transportation, housing, tourism, recreation, the arts,
39	39	entertainment, economic development, safety, and the public
40	40	welfare in the district.
41	41	(d) This chapter and the creation of the district may not be
42	42	interpreted to relieve the city from providing the level of
43	43	services provided as of the effective date of the Act enacting this
44	44	chapter to the area in the district. The district is created to
45	45	supplement and not to supplant city services provided in the
46	46	district.
47	47	Sec. 4022.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
48	48	(a) All land and other property included in the district will
49	49	benefit from the improvements and services to be provided by the
50	50	district under powers conferred by Sections 52 and 52-a, Article
51	51	III, and Section 59, Article XVI, Texas Constitution, and other
52	52	powers granted under this chapter.
53	53	(b) The district is created to serve a public use and
54	54	benefit.
55	55	(c) The creation of the district is in the public interest
56	56	and is essential to further the public purposes of:
57	57	(1) developing and diversifying the economy of the
58	58	state;
59	59	(2) eliminating unemployment and underemployment; and
60	60	(3) developing or expanding transportation and
61	61	commerce.
62	62	(d) The district will:
63	63	(1) promote the health, safety, and general welfare of
64	64	residents, employers, potential employees, employees, visitors,
65	65	and consumers in the district, and of the public;
66	66	(2) provide needed funding for the district to
67	67	preserve, maintain, and enhance the economic health and vitality of
68	68	the district territory as a community and business center;
69	69	(3) promote the health, safety, welfare, and enjoyment
70	70	of the public by providing pedestrian ways and by landscaping and
71	71	developing certain areas in the district, which are necessary for
72	72	the restoration, preservation, and enhancement of scenic beauty;
73	73	and
74	74	(4) provide for water, wastewater, drainage, road, and
75	75	recreational facilities for the district.
76	76	(e) Pedestrian ways along or across a street, whether at
77	77	grade or above or below the surface, and street lighting, street
78	78	landscaping, parking, and street art objects are parts of and
79	79	necessary components of a street and are considered to be a street
80	80	or road improvement.
81	81	(f) The district will not act as the agent or
82	82	instrumentality of any private interest even though the district
83	83	will benefit many private interests as well as the public.
84	84	Sec. 4022.0105. INITIAL DISTRICT TERRITORY. (a) The
85	85	district is initially composed of the territory described by
86	86	Section 2 of the Act enacting this chapter.
87	87	(b) The boundaries and field notes contained in Section 2 of
88	88	the Act enacting this chapter form a closure. A mistake in the
89	89	field notes or in copying the field notes in the legislative process
90	90	does not affect the district's:
91	91	(1) organization, existence, or validity;
92	92	(2) right to issue any type of bonds for the purposes
93	93	for which the district is created or to pay the principal of and
94	94	interest on the bonds;
95	95	(3) right to impose or collect an assessment or tax; or
96	96	(4) legality or operation.
97	97	Sec. 4022.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
98	98	All or any part of the area of the district is eligible to be
99	99	included in:
100	100	(1) a tax increment reinvestment zone created under
101	101	Chapter 311, Tax Code; or
102	102	(2) a tax abatement reinvestment zone created under
103	103	Chapter 312, Tax Code.
104	104	Sec. 4022.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
105	105	DISTRICTS LAW. Except as otherwise provided by this chapter,
106	106	Chapter 375, Local Government Code, applies to the district.
107	107	Sec. 4022.0108. CONSTRUCTION OF CHAPTER. This chapter
108	108	shall be liberally construed in conformity with the findings and
109	109	purposes stated in this chapter.
110	110	SUBCHAPTER B. BOARD OF DIRECTORS
111	111	Sec. 4022.0201. GOVERNING BODY; TERMS. (a) The district is
112	112	governed by a board of five elected directors who serve staggered
113	113	terms of four years.
114	114	(b) Directors are elected in the manner provided by
115	115	Subchapter D, Chapter 49, Water Code.
116	116	Sec. 4022.0202. COMPENSATION; EXPENSES. (a) The district
117	117	may compensate each director in an amount not to exceed $150 for
118	118	each board meeting. The total amount of compensation for each
119	119	director in one year may not exceed $7,200.
120	120	(b) A director is entitled to reimbursement for necessary
121	121	and reasonable expenses incurred in carrying out the duties and
122	122	responsibilities of the board.
123	123	(c) Sections 375.069 and 375.070, Local Government Code, do
124	124	not apply to the board.
125	125	Sec. 4022.0203. TEMPORARY DIRECTORS. (a) On or after the
126	126	effective date of the Act creating this chapter, the owner or owners
127	127	of a majority of the assessed value of the real property in the
128	128	district according to the most recent certified tax appraisal roll
129	129	for the county may submit a petition to the Texas Commission on
130	130	Environmental Quality requesting that the commission appoint as
131	131	temporary directors the five persons named in the petition. The
132	132	commission shall appoint as temporary directors the five persons
133	133	named in the petition.
134	134	(b) The temporary or successor temporary directors shall
135	135	hold an election to elect five permanent directors as provided by
136	136	Section 4022.0201.
137	137	(c) Temporary directors serve until the earlier of:
138	138	(1) the date permanent directors are elected under
139	139	Subsection (b); or
140	140	(2) the fourth anniversary of the effective date of
141	141	the Act creating this chapter.
142	142	(d) If permanent directors have not been elected under
143	143	Subsection (b) and the terms of the temporary directors have
144	144	expired, successor temporary directors shall be appointed or
145	145	reappointed as provided by Subsection (e) to serve terms that
146	146	expire on the earlier of:
147	147	(1) the date permanent directors are elected under
148	148	Subsection (b); or
149	149	(2) the fourth anniversary of the date of the
150	150	appointment or reappointment.
151	151	(e) If Subsection (d) applies, the owner or owners of a
152	152	majority of the assessed value of the real property in the district
153	153	according to the most recent certified tax appraisal roll for the
154	154	county may submit a petition to the Texas Commission on
155	155	Environmental Quality requesting that the commission appoint as
156	156	successor temporary directors the five persons named in the
157	157	petition. The commission shall appoint as successor temporary
158	158	directors the five persons named in the petition.
159	159	SUBCHAPTER C. POWERS AND DUTIES
160	160	Sec. 4022.0301. GENERAL POWERS AND DUTIES. The district
161	161	has the powers and duties necessary to accomplish the purposes for
162	162	which the district is created.
163	163	Sec. 4022.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
164	164	district, using any money available to the district for the
165	165	purpose, may provide, design, construct, acquire, improve,
166	166	relocate, operate, maintain, or finance an improvement project or
167	167	service authorized under this chapter or Chapter 375, Local
168	168	Government Code.
169	169	(b) The district may contract with a governmental or private
170	170	entity to carry out an action under Subsection (a).
171	171	(c) The implementation of a district project or service is a
172	172	governmental function or service for the purposes of Chapter 791,
173	173	Government Code.
174	174	Sec. 4022.0303. NONPROFIT CORPORATION. (a) The board by
175	175	resolution may authorize the creation of a nonprofit corporation to
176	176	assist and act for the district in implementing a project or
177	177	providing a service authorized by this chapter.
178	178	(b) The nonprofit corporation:
179	179	(1) has each power of and is considered to be a local
180	180	government corporation created under Subchapter D, Chapter 431,
181	181	Transportation Code; and
182	182	(2) may implement any project and provide any service
183	183	authorized by this chapter.
184	184	(c) The board shall appoint the board of directors of the
185	185	nonprofit corporation. The board of directors of the nonprofit
186	186	corporation shall serve in the same manner as the board of directors
187	187	of a local government corporation created under Subchapter D,
188	188	Chapter 431, Transportation Code, except that a board member is not
189	189	required to reside in the district.
190	190	Sec. 4022.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
191	191	The district may join and pay dues to a charitable or nonprofit
192	192	organization that performs a service or provides an activity
193	193	consistent with the furtherance of a district purpose.
194	194	Sec. 4022.0305. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
195	195	district may engage in activities that accomplish the economic
196	196	development purposes of the district.
197	197	(b) The district may establish and provide for the
198	198	administration of one or more programs to promote state or local
199	199	economic development and to stimulate business and commercial
200	200	activity in the district, including programs to:
201	201	(1) make loans and grants of public money; and
202	202	(2) provide district personnel and services.
203	203	(c) The district may create economic development programs
204	204	and exercise the economic development powers provided to
205	205	municipalities by:
206	206	(1) Chapter 380, Local Government Code; and
207	207	(2) Subchapter A, Chapter 1509, Government Code.
208	208	Sec. 4022.0306. PARKING FACILITIES. (a) The district may
209	209	acquire, lease as lessor or lessee, construct, develop, own,
210	210	operate, and maintain parking facilities or a system of parking
211	211	facilities, including lots, garages, parking terminals, or other
212	212	structures or accommodations for parking motor vehicles off the
213	213	streets and related appurtenances.
214	214	(b) The district's parking facilities serve the public
215	215	purposes of the district and are owned, used, and held for a public
216	216	purpose even if leased or operated by a private entity for a term of
217	217	years.
218	218	(c) The district's parking facilities are parts of and
219	219	necessary components of a street and are considered to be a street
220	220	or road improvement.
221	221	(d) The development and operation of the district's parking
222	222	facilities may be considered an economic development program.
223	223	Sec. 4022.0307. DISBURSEMENTS AND TRANSFERS OF MONEY. The
224	224	board by resolution shall establish the number of directors'
225	225	signatures and the procedure required for a disbursement or
226	226	transfer of district money.
227	227	Sec. 4022.0308. ADDING OR EXCLUDING LAND. Except as
228	228	provided by Section 4022.0309, the district may add or exclude land
229	229	in the manner provided by Subchapter J, Chapter 49, Water Code, or
230	230	by Subchapter H, Chapter 54, Water Code.
231	231	Sec. 4022.0309. DIVISION OF DISTRICT. (a) The district may
232	232	be divided into two or more new districts only if the district:
233	233	(1) has no outstanding bonded debt; and
234	234	(2) is not imposing ad valorem taxes.
235	235	(b) This chapter applies to any new district created by the
236	236	division of the district, and a new district has all the powers and
237	237	duties of the district.
238	238	(c) Any new district created by the division of the district
239	239	may not, at the time the new district is created, contain any land
240	240	outside the area described by Section 2 of the Act enacting this
241	241	chapter.
242	242	(d) The board, on its own motion or on receipt of a petition
243	243	signed by the owner or owners of a majority of the assessed value of
244	244	the real property in the district, may adopt an order dividing the
245	245	district.
246	246	(e) An order dividing the district must:
247	247	(1) name each new district;
248	248	(2) include the metes and bounds description of the
249	249	territory of each new district;
250	250	(3) appoint initial directors for each new district;
251	251	and
252	252	(4) provide for the division of assets and liabilities
253	253	between or among the new districts.
254	254	(f) On or before the 30th day after the date of adoption of
255	255	an order dividing the district, the district shall file the order
256	256	with the Texas Commission on Environmental Quality and record the
257	257	order in the real property records of each county in which the
258	258	district is located.
259	259	(g) Any new district created by the division of the district
260	260	must hold an election as required by this chapter to obtain voter
261	261	approval before the district may impose a maintenance tax or issue
262	262	bonds payable wholly or partly from ad valorem taxes.
263	263	(h) Municipal consent to the creation of the district and to
264	264	the inclusion of land in the district granted under Section
265	265	4022.0506 acts as municipal consent to the creation of any new
266	266	district created by the division of the district and to the
267	267	inclusion of land in the new district.
268	268	Sec. 4022.0310. EMINENT DOMAIN. The district may exercise
269	269	the power of eminent domain in the manner provided by Section
270	270	49.222, Water Code.
271	271	SUBCHAPTER D. ASSESSMENTS
272	272	Sec. 4022.0401. PETITION REQUIRED FOR FINANCING SERVICES
273	273	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
274	274	service or improvement project with assessments under this chapter
275	275	unless a written petition requesting that service or improvement
276	276	has been filed with the board.
277	277	(b) A petition filed under Subsection (a) must be signed by
278	278	the owners of a majority of the assessed value of real property in
279	279	the district subject to assessment according to the most recent
280	280	certified tax appraisal roll for the county.
281	281	Sec. 4022.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
282	282	The board by resolution may impose and collect an assessment for any
283	283	purpose authorized by this chapter in all or any part of the
284	284	district.
285	285	(b) An assessment, a reassessment, or an assessment
286	286	resulting from an addition to or correction of the assessment roll
287	287	by the district, penalties and interest on an assessment or
288	288	reassessment, an expense of collection, and reasonable attorney's
289	289	fees incurred by the district:
290	290	(1) are a first and prior lien against the property
291	291	assessed;
292	292	(2) are superior to any other lien or claim other than
293	293	a lien or claim for county, school district, or municipal ad valorem
294	294	taxes; and
295	295	(3) are the personal liability of and a charge against
296	296	the owners of the property even if the owners are not named in the
297	297	assessment proceedings.
298	298	(c) The lien is effective from the date of the board's
299	299	resolution imposing the assessment until the date the assessment is
300	300	paid. The board may enforce the lien in the same manner that the
301	301	board may enforce an ad valorem tax lien against real property.
302	302	(d) The board may make a correction to or deletion from the
303	303	assessment roll that does not increase the amount of assessment of
304	304	any parcel of land without providing notice and holding a hearing in
305	305	the manner required for additional assessments.
306	306	SUBCHAPTER E. TAXES AND BONDS
307	307	Sec. 4022.0501. TAX ELECTION REQUIRED. (a) The district
308	308	must hold an election in the manner provided by Chapter 49, Water
309	309	Code, or, if applicable, Chapter 375, Local Government Code, to
310	310	obtain voter approval before the district may impose an ad valorem
311	311	tax.
312	312	(b) Section 375.243, Local Government Code, does not apply
313	313	to the district.
314	314	Sec. 4022.0502. OPERATION AND MAINTENANCE TAX. (a) If
315	315	authorized by a majority of the district voters voting at an
316	316	election under Section 4022.0501, the district may impose an
317	317	operation and maintenance tax on taxable property in the district
318	318	in the manner provided by Section 49.107, Water Code, for any
319	319	district purpose, including to:
320	320	(1) maintain and operate the district;
321	321	(2) construct or acquire improvements; or
322	322	(3) provide a service.
323	323	(b) The board shall determine the operation and maintenance
324	324	tax rate. The rate may not exceed the rate approved at the
325	325	election.
326	326	Sec. 4022.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
327	327	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
328	328	terms determined by the board.
329	329	(b) The district may issue, by public or private sale,
330	330	bonds, notes, or other obligations payable wholly or partly from ad
331	331	valorem taxes, assessments, impact fees, revenue, contract
332	332	payments, grants, or other district money, or any combination of
333	333	those sources of money, to pay for any authorized district purpose.
334	334	(c) The district may issue, by public or private sale,
335	335	bonds, notes, or other obligations payable wholly or partly from
336	336	assessments in the manner provided by Subchapter A, Chapter 372,
337	337	Local Government Code, if the improvements financed by an
338	338	obligation issued under this section will be conveyed to or
339	339	operated and maintained by a municipality or other retail utility
340	340	provider pursuant to an agreement with the district entered into
341	341	before the issuance of the obligation.
342	342	(d) The limitation on the outstanding principal amount of
343	343	bonds, notes, or other obligations provided by Section 49.4645,
344	344	Water Code, does not apply to the district.
345	345	Sec. 4022.0504. BONDS SECURED BY REVENUE OR CONTRACT
346	346	PAYMENTS. The district may issue, without an election, bonds
347	347	secured by:
348	348	(1) revenue other than ad valorem taxes, including
349	349	contract revenues; or
350	350	(2) contract payments, provided that the requirements
351	351	of Section 49.108, Water Code, have been met.
352	352	Sec. 4022.0505. BONDS SECURED BY AD VALOREM TAXES;
353	353	ELECTIONS. (a) If authorized at an election under Section
354	354	4022.0501, the district may issue bonds payable from ad valorem
355	355	taxes.
356	356	(b) At the time the district issues bonds payable wholly or
357	357	partly from ad valorem taxes, the board shall provide for the annual
358	358	imposition of a continuing direct annual ad valorem tax, without
359	359	limit as to rate or amount, for each year that all or part of the
360	360	bonds are outstanding as required and in the manner provided by
361	361	Sections 54.601 and 54.602, Water Code.
362	362	(c) All or any part of any facilities or improvements that
363	363	may be acquired by a district by the issuance of its bonds may be
364	364	submitted as a single proposition or as several propositions to be
365	365	voted on at the election.
366	366	Sec. 4022.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
367	367	board may not issue bonds until each municipality in whose
368	368	corporate limits or extraterritorial jurisdiction the district is
369	369	located has consented by ordinance or resolution to the creation of
370	370	the district and to the inclusion of land in the district as
371	371	required by applicable law.
372	372	(b) This section applies only to the district's first
373	373	issuance of bonds payable from ad valorem taxes.
374	374	SUBCHAPTER I. DISSOLUTION
375	375	Sec. 4022.0901. DISSOLUTION. (a) The board shall dissolve
376	376	the district on written petition filed with the board by the owners
377	377	of:
378	378	(1) at least two-thirds of the assessed value of the
379	379	property subject to assessment by the district based on the most
380	380	recent certified county property tax rolls; or
381	381	(2) at least two-thirds of the surface area of the
382	382	district, excluding roads, streets, highways, utility
383	383	rights-of-way, other public areas, and other property exempt from
384	384	assessment by the district according to the most recent certified
385	385	county property tax rolls.
386	386	(b) The board by majority vote may dissolve the district at
387	387	any time.
388	388	(c) The district may not be dissolved by its board under
389	389	Subsection (a) or (b) if the district:
390	390	(1) has any outstanding bonded indebtedness until that
391	391	bonded indebtedness has been repaid or defeased in accordance with
392	392	the order or resolution authorizing the issuance of the bonds;
393	393	(2) has a contractual obligation to pay money until
394	394	that obligation has been fully paid in accordance with the
395	395	contract; or
396	396	(3) owns, operates, or maintains public works,
397	397	facilities, or improvements unless the district contracts with
398	398	another person for the ownership, operation, or maintenance of the
399	399	public works, facilities, or improvements.
400	400	(d) Sections 375.261, 375.262, and 375.264, Local
401	401	Government Code, do not apply to the district.
402	402	SECTION 2. The Rivers Market Place Municipal Management
403	403	District initially includes all territory contained in the
404	404	following area:
405	405	Tract 1:
406	406	FIELD NOTES FOR A 45.555 ACRE TRACT OF LAND OUT OF THE
407	407	ELIZABETH STANDIFER SURVEY, ABSTRACT NO. 59, AND THE JONATHAN
408	408	BURLESON SURVEY, ABSTRACT NO. 18, BOTH OF BASTROP COUNTY, TEXAS;
409	409	BEING A PORTION OF A CALLED 60.00 ACRE TRACT OF LAND AS CONVEYED TO
410	410	SHERRI MARSHALL RIVERS BY SPECIAL WARRANTY DEED RECORDED IN
411	411	DOCUMENT NUMBER 201509108 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP
412	412	COUNTY, TEXAS; SAID 45.555 ACRE TRACT OF LAND BEING MORE
413	413	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
414	414	BEGINNING at a 1/2-inch iron rod found on the south
415	415	right-of-way line of U.S. Highway 290 (240 feet wide) as shown on
416	416	the State of Texas State Department of Highways and Public
417	417	Transportation map Control No. 114-4-37, at the northeast corner of
418	418	the above described Rivers 60.00 acre tract and at the northwest
419	419	corner of Lot 2, Block A of Elgin Business Park II, a subdivision as
420	420	recorded in Cabinet 6, Page 116A of the Plat Records of Bastrop
421	421	County, Texas, for the northeast corner and POINT OF BEGINNING of
422	422	the herein described tract;
423	423	THENCE, with the east line of said Rivers 60.00 acre tract and
424	424	the west line of said Elgin Business Park II, S 24°45'58" W, pass a
425	425	1/2-inch iron rod with cap stamped "Sherwood Survey" found at the
426	426	north corner of the westerly terminus of Lee Dildy Boulevard (80
427	427	feet wide) as dedicated by said plat of Elgin Business Park II, and
428	428	at the southeast corner of said Lot 2, Block A at a distance of
429	429	805.54 feet, pass a 1/2-inch iron rod with cap stamped "Sherwood
430	430	Survey" found at the south corner of the westerly terminus of said
431	431	Lee Dildy Boulevard and at the northwest corner of Lot 3, Block B of
432	432	said Elgin Business Park II at a distance of 885.64, and continuing
433	433	on for a total distance of 1,320.02 feet to a 1/2-inch iron rod with
434	434	cap stamped "BGE INC" set for the most easterly southeast corner of
435	435	the herein described tract, from which a 1/2-inch iron rod found at
436	436	the southwest corner of said Lot 3, Block B and at the northwest
437	437	corner of Lot 4, Block B of said Elgin Business Park II, bears S
438	438	24°45'58" W a distance of 327.48 feet;
439	439	THENCE, over and across said Rivers 60.00 acre tract, N
440	440	64°28'08" W a distance of 538.84 feet to a 1/2-inch iron rod with cap
441	441	stamped "BGE INC" set for an interior corner of the herein described
442	442	tract;
443	443	THENCE, continuing over and across said Rivers 60.00 acre
444	444	tract, along a curve to the right, an arc distance of 139.62 feet,
445	445	having a radius of 850.00 feet, a central angle of 09°24'41" and a
446	446	chord which bears S 48°57'12" W a distance of 139.46 feet to a
447	447	1/2-inch iron rod with cap stamped BGE INC" set for corner;
448	448	THENCE, continuing over and across said Rivers 60.00 acre
449	449	tract, S 53°39'32" W a distance of 406.56 feet to a 1/2-inch iron rod
450	450	with cap stamped "BGE INC" set for a point of curvature of a curve to
451	451	the left;
452	452	THENCE, continuing over and across said Rivers 60.00 acre
453	453	tract, along said curve to the left, an arc distance of 346.94 feet,
454	454	having a radius of 750.00 feet, a central angle of 26°30'15" and a
455	455	chord which bears S 40°24'24" W a distance of 343.85 feet to a
456	456	1/2-inch iron rod with cap stamped "BGE INC" set for corner;
457	457	THENCE, continuing over and across said Rivers 60.00 acre
458	458	tract, S 27°09'16" W a distance of 14.82 feet to a calculated point
459	459	on the south line of said Rivers 60.00 acre tract and the north line
460	460	of Elgin Business Park III Phase II, a subdivision as recorded in
461	461	Cabinet 7, Page 150A of the Plat Records of Bastrop County, Texas,
462	462	for the most southerly corner of the herein described tract, from
463	463	which a 1/2-inch iron rod with cap stamped "Sherwood Survey" found,
464	464	bears S 25°58'12" W a distance of 0.47 feet;
465	465	THENCE, with the south line of said Rivers 60.00 acre tract
466	466	and partially with the north line of said Elgin Business Park III
467	467	Phase III, N 62°52'11" W, pass a 5/8-inch iron rod found at a
468	468	distance of 298.03 feet, pass a 1/2-inch iron rod found at the
469	469	northwest corner of said Elgin Business Park III Phase III and at
470	470	the northeast corner of a called 206.8 acre tract of land as
471	471	conveyed to PRN Properties, LP by General Warranty Deed recorded in
472	472	Document Number 2012016371 of the Official Public Records of Travis
473	473	County, Texas, at a distance of 468.24 feet and continuing on with
474	474	the north line of said PRN 206.8 acre tract for a total distance of
475	475	603.62 feet to a punch mark in concrete found on the north line of
476	476	said PRN 206.8 acre tract, at the southwest corner of said Rivers
477	477	60.00 acre tract and at the southeast corner of a called 109.36 acre
478	478	tract of land as conveyed to Elsie E. Neidig Family Partnership by
479	479	Warranty Deed recorded in Volume 530, Page 558 of the Official
480	480	Records of Bastrop County, Texas, for the southwest corner of the
481	481	herein described tract;
482	482	THENCE, with the west line of said Rivers 60.00 acre tract and
483	483	the east line of said Neidig 109.36 acre tract, N 27°31'55" E a
484	484	distance of 1,431.71 feet to a 1/2-inch iron rod with cap stamped
485	485	"BGE INC" set on the south right-of-way line of said U.S. Highway
486	486	290, at the northwest corner of said Rivers 60.00 acre tract and at
487	487	the northeast corner of said Neidig 109.36 acre tract, for the
488	488	northwest corner of the herein described tract, from which a TXD0T
489	489	Type I concrete right-of-way monument found bears S 88°56'39" W a
490	490	distance of 1,120.37 feet, also from which a 1/2-inch iron rod found
491	491	bears N 55°22'15" E a distance of 2.72 feet;
492	492	THENCE, with the south right-of-way line of said U.S. Highway
493	493	290 and the north line of said Rivers 60.00 acre tract, N 88°56'39"
494	494	E, pass a TXDOT Type I concrete right-of-way monument found at a
495	495	distance of 1,378.47 feet, and continuing on for a total distance of
496	496	1,577.19 feet to the POINT OF BEGINNING and containing 45.555 acres
497	497	of land, more or less.
498	498	Tract 2:
499	499	FIELD NOTES FOR A 14.432 ACRE TRACT OF LAND OUT OF THE
500	500	ELIZABETH STANDIFER SURVEY, ABSTRACT NO. 59, BASTROP COUNTY, TEXAS;
501	501	BEING A PORTION OF A CALLED 60.00 ACRE TRACT OF LAND AS CONVEYED TO
502	502	SHERRI MARSHALL RIVERS BY SPECIAL WARRANTY DEED RECORDED IN
503	503	DOCUMENT NUMBER 201509108 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP
504	504	COUNTY, TEXAS; SAID 14.432 ACRE TRACT OF LAND BEING MORE
505	505	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
506	506	BEGINNING at a 1/2-inch iron rod found on the north line of
507	507	Lot 1, Block A of Elgin Business Park III, a subdivision as recorded
508	508	in Cabinet 6, Page 116B of the Plat Records of Bastrop County,
509	509	Texas, at the southeast corner of the above described Rivers 60.00
510	510	acre tract and at the southwest corner of Lot 4, Block B of Elgin
511	511	Business Park, a subdivision as recorded in Cabinet 6, Page 116A of
512	512	the Plat Records of Bastrop County, Texas, for the southeast corner
513	513	and POINT OF BEGINNING of the herein described tract;
514	514	THENCE, with the south line of said Rivers 60.00 acre tract
515	515	and partially with the north line of said Lot 1, Block A of Elgin
516	516	Business Park III and partially with the north line of Elgin
517	517	Business Park III Phase III, a subdivision as recorded in Cabinet 7,
518	518	Page 150A of the Plat Records of Bastrop County, Texas, N 62°52'11" W
519	519	a distance of 886.44 feet to a calculated paint for the southwest
520	520	corner of the herein described tract, from which a punch mark found
521	521	in concrete at the southwest corner of said Rivers 60-00 acre tract,
522	522	bears N 62°52'11" W a distance of 603.62 feet and also from which a
523	523	1/2-inch iron rod with cap stamped "Sherwood Survey" found bears S
524	524	25°58'12" W a distance of 0.47 feet;
525	525	THENCE, over and across said Rivers 60.00 acre tract, N
526	526	27°09'16'' E a distance of 14.82 feet to a 1/2-inch iron rod with cap
527	527	stamped "BGE INC" set for a point of curvature of a curve to the
528	528	right;
529	529	THENCE, continuing over and across said Rivers 60.00 acre
530	530	tract, along said curve to the right, an arc. distance of 346.94
531	531	feet, having a radius of 750.00 feet, a central angle of 26°30'15"
532	532	and a chord which bears N 40°24'24" E a distance of 343.85 feet to a
533	533	1/2-inch iron rod with cap stamped "BGE INC" set for corner;
534	534	THENCE, continuing over and across said Rivers 60.00 acre
535	535	tract, N 53°39'32" E a distance of 406.56 feet to a 1/2-inch iron rod
536	536	with cap stamped "BGE INC" set for a point of curvature of a curve to
537	537	the right;
538	538	THENCE, continuing over and across said Rivers 60.00 acre
539	539	tract, along said curve to the left, an arc distance of 139.62 feet,
540	540	having a radius of 850.00 feet, a Central angle of 09˚24'41" and a
541	541	chord which bears N 48˚57'12" E a distance of 139.46 feet to a
542	542	1/2-inch iron rod with cap stamped "BGE INC" set for the northwest
543	543	corner of the herein described tract;
544	544	THENCE, continuing over and across said Rivers 60.00 acre
545	545	tract, S 54°26'03" E a distance of 538.64 feet to a 1/2-inch iron rod
546	546	with cap stamped "BGE INC" set on the east line of said Rivers 60.00
547	547	acre tract and the west line of Lot 3, Block B of said Elgin Business
548	548	Park II for the northeast corner of the herein described tract, from
549	549	which a 1/2-inch iron rod with cap stamped "Sherwood Survey" found
550	550	at the south corner of the westerly terminus of Lee Dildy Boulevard
551	551	(60 feet wide) as dedicated by said plat of Elgin Business Park II
552	552	and at the northwest corner of Lot 3, Block B of said Elgin Business
553	553	Park II, bears N 24°45'53" E a distance of 434.38 feet;
554	554	THENCE, with the east line of said Rivers 60.00 acre tract and
555	555	the west line of said Elgin Business Park II, S 24°45'58" W, pass a
556	556	1/2-inch iron rod found at the southwest corner of said Lot 3, Block
557	557	B and northwest corner of said Lot 4, Block B, both of said Elgin
558	558	Business Park at a distance of 327.46 feet, and continuing on for a
559	559	total distance of 858.47 feet to the POINT OF BEGINNING and
560	560	containing 14.432 acres of lord, more or less.
561	561	SECTION 3. (a) The legal notice of the intention to
562	562	introduce this Act, setting forth the general substance of this
563	563	Act, has been published as provided by law, and the notice and a
564	564	copy of this Act have been furnished to all persons, agencies,
565	565	officials, or entities to which they are required to be furnished
566	566	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
567	567	Government Code.
568	568	(b) The governor, one of the required recipients, has
569	569	submitted the notice and Act to the Texas Commission on
570	570	Environmental Quality.
571	571	(c) The Texas Commission on Environmental Quality has filed
572	572	its recommendations relating to this Act with the governor,
573	573	lieutenant governor, and speaker of the house of representatives
574	574	within the required time.
575	575	(d) All requirements of the constitution and laws of this
576	576	state and the rules and procedures of the legislature with respect
577	577	to the notice, introduction, and passage of this Act have been
578	578	fulfilled and accomplished.
579	579	SECTION 4. (a) Section 4022.0310, Special District Local
580	580	Laws Code, as added by Section 1 of this Act, takes effect only if
581	581	this Act receives a two-thirds vote of all the members elected to
582	582	each house.
583	583	(b) If this Act does not receive a two-thirds vote of all the
584	584	members elected to each house, Subchapter C, Chapter 4022, Special
585	585	District Local Laws Code, as added by Section 1 of this Act, is
586	586	amended by adding Section 4022.0310 to read as follows:
587	587	Sec. 4022.0310. NO EMINENT DOMAIN POWER. The district may
588	588	not exercise the power of eminent domain.
589	589	SECTION 5. This Act takes effect immediately if it receives
590	590	a vote of two-thirds of all the members elected to each house, as
591	591	provided by Section 39, Article III, Texas Constitution. If this
592	592	Act does not receive the vote necessary for immediate effect, this
593	593	Act takes effect September 1, 2025.