Texas 2025 - 89th Regular

Texas House Bill HB5680 Compare Versions

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Old	New	Differences
1	1	89R17127 MCF-F
2	2	By: Holt H.B. No. 5680
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 Bayou Belle Municipal Management
10	10	District No. 1; granting a limited power of eminent domain;
11	11	providing authority to issue bonds; providing authority to impose
12	12	assessments, fees, and taxes.
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 4021 to read as follows:
16	16	CHAPTER 4021. BAYOU BELLE MUNICIPAL MANAGEMENT DISTRICT NO. 1
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 4021.0101. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the district's board of directors.
20	20	(2) "County" means Liberty County.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Bayou Belle Municipal
23	23	Management District No. 1.
24	24	Sec. 4021.0102. NATURE OF DISTRICT. The Bayou Belle
25	25	Municipal Management District No. 1 is a special district created
26	26	under Section 59, Article XVI, Texas Constitution.
27	27	Sec. 4021.0103. 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 county
33	33	and 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 county 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 county services provided in the
46	46	district.
47	47	Sec. 4021.0104. 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. 4021.0105. 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. 4021.0106. 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. 4021.0107. 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. 4021.0108. 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. 4021.0201. 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. 4021.0202. 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. 4021.0203. INITIAL DIRECTORS. (a) The initial board
126	126	consists of the following directors:
127	127	Pos. No. Name of Director Pos. No. Name of Director
128	128	Pos. No. Name of Director
129	129	1 Dez Carlson 1 Dez Carlson
130	130	1 Dez Carlson
131	131	2 Remard Mason 2 Remard Mason
132	132	2 Remard Mason
133	133	3 Kye Sampson 3 Kye Sampson
134	134	3 Kye Sampson
135	135	4 Anthony Hernandez 4 Anthony Hernandez
136	136	4 Anthony Hernandez
137	137	5 Kyle Clarke 5 Kyle Clarke
138	138	5 Kyle Clarke
139	139	(b) Of the initial directors, the terms of directors
140	140	appointed for positions one through three expire June 1, 2027, and
141	141	the terms of directors appointed for positions four and five expire
142	142	June 1, 2029.
143	143	SUBCHAPTER C. POWERS AND DUTIES
144	144	Sec. 4021.0301. GENERAL POWERS AND DUTIES. The district
145	145	has the powers and duties necessary to accomplish the purposes for
146	146	which the district is created.
147	147	Sec. 4021.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
148	148	district, using any money available to the district for the
149	149	purpose, may provide, design, construct, acquire, improve,
150	150	relocate, operate, maintain, or finance an improvement project or
151	151	service authorized under this chapter or Chapter 375, Local
152	152	Government Code.
153	153	(b) The district may contract with a governmental or private
154	154	entity to carry out an action under Subsection (a).
155	155	(c) The implementation of a district project or service is a
156	156	governmental function or service for the purposes of Chapter 791,
157	157	Government Code.
158	158	Sec. 4021.0303. NONPROFIT CORPORATION. (a) The board by
159	159	resolution may authorize the creation of a nonprofit corporation to
160	160	assist and act for the district in implementing a project or
161	161	providing a service authorized by this chapter.
162	162	(b) The nonprofit corporation:
163	163	(1) has each power of and is considered to be a local
164	164	government corporation created under Subchapter D, Chapter 431,
165	165	Transportation Code; and
166	166	(2) may implement any project and provide any service
167	167	authorized by this chapter.
168	168	(c) The board shall appoint the board of directors of the
169	169	nonprofit corporation. The board of directors of the nonprofit
170	170	corporation shall serve in the same manner as the board of directors
171	171	of a local government corporation created under Subchapter D,
172	172	Chapter 431, Transportation Code, except that a board member is not
173	173	required to reside in the district.
174	174	Sec. 4021.0304. LAW ENFORCEMENT SERVICES. To protect the
175	175	public interest, the district may contract with a qualified party,
176	176	including the county or a municipality with territory in the
177	177	district, to provide law enforcement services in the district for a
178	178	fee.
179	179	Sec. 4021.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
180	180	The district may join and pay dues to a charitable or nonprofit
181	181	organization that performs a service or provides an activity
182	182	consistent with the furtherance of a district purpose.
183	183	Sec. 4021.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
184	184	district may engage in activities that accomplish the economic
185	185	development purposes of the district.
186	186	(b) The district may establish and provide for the
187	187	administration of one or more programs to promote state or local
188	188	economic development and to stimulate business and commercial
189	189	activity in the district, including programs to:
190	190	(1) make loans and grants of public money; and
191	191	(2) provide district personnel and services.
192	192	(c) The district may create economic development programs
193	193	and exercise the economic development powers provided to
194	194	municipalities by:
195	195	(1) Chapter 380, Local Government Code; and
196	196	(2) Subchapter A, Chapter 1509, Government Code.
197	197	Sec. 4021.0307. PARKING FACILITIES. (a) The district may
198	198	acquire, lease as lessor or lessee, construct, develop, own,
199	199	operate, and maintain parking facilities or a system of parking
200	200	facilities, including lots, garages, parking terminals, or other
201	201	structures or accommodations for parking motor vehicles off the
202	202	streets and related appurtenances.
203	203	(b) The district's parking facilities serve the public
204	204	purposes of the district and are owned, used, and held for a public
205	205	purpose even if leased or operated by a private entity for a term of
206	206	years.
207	207	(c) The district's parking facilities are parts of and
208	208	necessary components of a street and are considered to be a street
209	209	or road improvement.
210	210	(d) The development and operation of the district's parking
211	211	facilities may be considered an economic development program.
212	212	Sec. 4021.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The
213	213	board by resolution shall establish the number of directors'
214	214	signatures and the procedure required for a disbursement or
215	215	transfer of district money.
216	216	Sec. 4021.0309. ADDING OR EXCLUDING LAND. Except as
217	217	provided by Section 4021.0310, the district may add or exclude land
218	218	in the manner provided by Subchapter J, Chapter 49, Water Code, or
219	219	by Subchapter H, Chapter 54, Water Code.
220	220	Sec. 4021.0310. DIVISION OF DISTRICT. (a) The district may
221	221	be divided into two or more new districts only if the district:
222	222	(1) has no outstanding bonded debt; and
223	223	(2) is not imposing ad valorem taxes.
224	224	(b) This chapter applies to any new district created by the
225	225	division of the district, and a new district has all the powers and
226	226	duties of the district.
227	227	(c) Any new district created by the division of the district
228	228	may not, at the time the new district is created, contain any land
229	229	outside the area described by Section 2 of the Act enacting this
230	230	chapter.
231	231	(d) The board, on its own motion or on receipt of a petition
232	232	signed by the owner or owners of a majority of the assessed value of
233	233	the real property in the district, may adopt an order dividing the
234	234	district.
235	235	(e) An order dividing the district must:
236	236	(1) name each new district;
237	237	(2) include the metes and bounds description of the
238	238	territory of each new district;
239	239	(3) appoint initial directors for each new district;
240	240	and
241	241	(4) provide for the division of assets and liabilities
242	242	between or among the new districts.
243	243	(f) On or before the 30th day after the date of adoption of
244	244	an order dividing the district, the district shall file the order
245	245	with the Texas Commission on Environmental Quality and record the
246	246	order in the real property records of each county in which the
247	247	district is located.
248	248	(g) Any new district created by the division of the district
249	249	must hold an election as required by this chapter to obtain voter
250	250	approval before the district may impose a maintenance tax or issue
251	251	bonds payable wholly or partly from ad valorem taxes.
252	252	(h) Municipal consent to the creation of the district and to
253	253	the inclusion of land in the district granted under Section
254	254	4021.0506 acts as municipal consent to the creation of any new
255	255	district created by the division of the district and to the
256	256	inclusion of land in the new district.
257	257	Sec. 4021.0311. EMINENT DOMAIN. The district may exercise
258	258	the power of eminent domain in the manner provided by Section
259	259	49.222, Water Code.
260	260	SUBCHAPTER D. ASSESSMENTS
261	261	Sec. 4021.0401. PETITION REQUIRED FOR FINANCING SERVICES
262	262	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
263	263	service or improvement project with assessments under this chapter
264	264	unless a written petition requesting that service or improvement
265	265	has been filed with the board.
266	266	(b) A petition filed under Subsection (a) must be signed by
267	267	the owners of a majority of the assessed value of real property in
268	268	the district subject to assessment according to the most recent
269	269	certified tax appraisal roll for the county.
270	270	Sec. 4021.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
271	271	The board by resolution may impose and collect an assessment for any
272	272	purpose authorized by this chapter in all or any part of the
273	273	district.
274	274	(b) An assessment, a reassessment, or an assessment
275	275	resulting from an addition to or correction of the assessment roll
276	276	by the district, penalties and interest on an assessment or
277	277	reassessment, an expense of collection, and reasonable attorney's
278	278	fees incurred by the district:
279	279	(1) are a first and prior lien against the property
280	280	assessed;
281	281	(2) are superior to any other lien or claim other than
282	282	a lien or claim for county, school district, or municipal ad valorem
283	283	taxes; and
284	284	(3) are the personal liability of and a charge against
285	285	the owners of the property even if the owners are not named in the
286	286	assessment proceedings.
287	287	(c) The lien is effective from the date of the board's
288	288	resolution imposing the assessment until the date the assessment is
289	289	paid. The board may enforce the lien in the same manner that the
290	290	board may enforce an ad valorem tax lien against real property.
291	291	(d) The board may make a correction to or deletion from the
292	292	assessment roll that does not increase the amount of assessment of
293	293	any parcel of land without providing notice and holding a hearing in
294	294	the manner required for additional assessments.
295	295	SUBCHAPTER E. TAXES AND BONDS
296	296	Sec. 4021.0501. TAX ELECTION REQUIRED. (a) The district
297	297	must hold an election in the manner provided by Chapter 49, Water
298	298	Code, or, if applicable, Chapter 375, Local Government Code, to
299	299	obtain voter approval before the district may impose an ad valorem
300	300	tax.
301	301	(b) Section 375.243, Local Government Code, does not apply
302	302	to the district.
303	303	Sec. 4021.0502. OPERATION AND MAINTENANCE TAX. (a) If
304	304	authorized by a majority of the district voters voting at an
305	305	election under Section 4021.0501, the district may impose an
306	306	operation and maintenance tax on taxable property in the district
307	307	in the manner provided by Section 49.107, Water Code, for any
308	308	district purpose, including to:
309	309	(1) maintain and operate the district;
310	310	(2) construct or acquire improvements; or
311	311	(3) provide a service.
312	312	(b) The board shall determine the operation and maintenance
313	313	tax rate. The rate may not exceed the rate approved at the
314	314	election.
315	315	Sec. 4021.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
316	316	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
317	317	terms determined by the board.
318	318	(b) The district may issue, by public or private sale,
319	319	bonds, notes, or other obligations payable wholly or partly from ad
320	320	valorem taxes, assessments, impact fees, revenue, contract
321	321	payments, grants, or other district money, or any combination of
322	322	those sources of money, to pay for any authorized district purpose.
323	323	Sec. 4021.0504. BONDS SECURED BY REVENUE OR CONTRACT
324	324	PAYMENTS. The district may issue, without an election, bonds
325	325	secured by:
326	326	(1) revenue other than ad valorem taxes, including
327	327	contract revenues; or
328	328	(2) contract payments, provided that the requirements
329	329	of Section 49.108, Water Code, have been met.
330	330	Sec. 4021.0505. BONDS SECURED BY AD VALOREM TAXES;
331	331	ELECTIONS. (a) If authorized at an election under Section
332	332	4021.0501, the district may issue bonds payable from ad valorem
333	333	taxes.
334	334	(b) At the time the district issues bonds payable wholly or
335	335	partly from ad valorem taxes, the board shall provide for the annual
336	336	imposition of a continuing direct annual ad valorem tax, without
337	337	limit as to rate or amount, for each year that all or part of the
338	338	bonds are outstanding as required and in the manner provided by
339	339	Sections 54.601 and 54.602, Water Code.
340	340	(c) All or any part of any facilities or improvements that
341	341	may be acquired by a district by the issuance of its bonds may be
342	342	submitted as a single proposition or as several propositions to be
343	343	voted on at the election.
344	344	Sec. 4021.0506. CONSENT OF MUNICIPALITY REQUIRED. The
345	345	board may not issue bonds until each municipality in whose
346	346	corporate limits or extraterritorial jurisdiction the district is
347	347	located has consented by ordinance or resolution to the creation of
348	348	the district and to the inclusion of land in the district as
349	349	required by applicable law.
350	350	SUBCHAPTER I. DISSOLUTION
351	351	Sec. 4021.0901. DISSOLUTION. (a) The board shall dissolve
352	352	the district on written petition filed with the board by the owners
353	353	of:
354	354	(1) at least two-thirds of the assessed value of the
355	355	property subject to assessment by the district based on the most
356	356	recent certified county property tax rolls; or
357	357	(2) at least two-thirds of the surface area of the
358	358	district, excluding roads, streets, highways, utility
359	359	rights-of-way, other public areas, and other property exempt from
360	360	assessment by the district according to the most recent certified
361	361	county property tax rolls.
362	362	(b) The board by majority vote may dissolve the district at
363	363	any time.
364	364	(c) The district may not be dissolved by its board under
365	365	Subsection (a) or (b) if the district:
366	366	(1) has any outstanding bonded indebtedness until that
367	367	bonded indebtedness has been repaid or defeased in accordance with
368	368	the order or resolution authorizing the issuance of the bonds;
369	369	(2) has a contractual obligation to pay money until
370	370	that obligation has been fully paid in accordance with the
371	371	contract; or
372	372	(3) owns, operates, or maintains public works,
373	373	facilities, or improvements unless the district contracts with
374	374	another person for the ownership, operation, or maintenance of the
375	375	public works, facilities, or improvements.
376	376	(d) Sections 375.261, 375.262, and 375.264, Local
377	377	Government Code, do not apply to the district.
378	378	SECTION 2. The Bayou Belle Municipal Management District
379	379	No. 1 initially includes all territory contained in the following
380	380	area:
381	381	A 605.3082 ACRE TRACT OF LAND IN THE JULIANNA MALLEY LEAGUE,
382	382	ABSTRACT NO. 71 LIBERTY COUNTY, TEXAS, BEING OUT OF A CALLED 98.05
383	383	ACRE TRACT OF LAND (TRACT A) AND A 76.95 ACRE TRACT OF LAND (TRACT B)
384	384	BOTH CONVEYED TO JAMES A. SMESNY, AS RECORDED UNDER LIBERTY COUNTY
385	385	CLERKS FILE NUMBER (L.C.C.F. NO.) 2013009926, AND BEING OUT OF A
386	386	TRACT OF LAND CONVEYED TO MARILYN A. MCCOY, AS RECORDED UNDER
387	387	L.C.C.F. NO. 2024026279, SAID 605.3082 ACRE TRACT BEING MORE
388	388	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (WITH
389	389	BEARINGS BASED ON TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE, AS
390	390	DETERMINED BY GPS MEASUREMENTS):
391	391	BEGINNING at a capped 1/2-inch iron rod (unable to read cap,
392	392	underwater) found on the north line of a tract of land (Tract 1)
393	393	conveyed to Cedar Bayou Farms, LTD. As recorded under L.C.C.F.
394	394	No. 2014015962, marking the southeast corner of a called 1,296.96
395	395	acre tract of land, conveyed to Ironwood Holdings, LLC, as recorded
396	396	under L.C.C.F. no. 2018017630 and the southwest corner of the
397	397	herein described tract;
398	398	THENCE, North 12°41'11" West, along the east line of said 1,296.96
399	399	acre tract a distance of 5,892.63 feet to a capped 1/2-inch iron rod
400	400	stamped "HOFFPAUIR RPLS 4492" found marking an interior corner of
401	401	said 1,296.96 acre tract and the northwest corner of the herein
402	402	described tract;
403	403	THENCE, North 76°27'15" East, along a south line of said 1,296.96
404	404	acre tract, a distance of 2,334.77 feet to a capped 1/2-inch iron
405	405	rod (unable to read cap, underwater) found marking a southeasterly
406	406	corner of said 1,296.96 acre tract, the southwest corner of a called
407	407	150.49 acre tract, conveyed to multiple owners, as described in
408	408	Volume 1183, Page 75 of the Liberty County Deed Records (L.C.D.R.)
409	409	and in L.C.C.F. No. 2015020160, and an angle in the northern line of
410	410	the herein described tract;
411	411	THENCE, North 76°29'43" East, along the south line of said 150.49
412	412	acre tract, a distance of 1,803.29 feet to the southwest corner of a
413	413	called 49.51 acre tract of land, conveyed to Marilyn A. McCoy under
414	414	said L.C.C.F. no. 2024026279 and described in document recorded
415	415	under L.C.C.F. No. 2015020160 and an interior corner of the herein
416	416	described tract;
417	417	THENCE, along the common line of said 150.49 acre tract and said
418	418	49.51 acre tract, the following nine (9) courses and distances:
419	419	(1) North 10°36'07" East, a distance of 495.99 feet to an
420	420	angle point;
421	421	(2) North 21°06'58" East, a distance of 969.97 feet to an
422	422	angle point;
423	423	(3) North 20°56'41" East, a distance of 613.07 feet to an
424	424	angle point;
425	425	(4) North 31°29'49" East, a distance of 35.91 feet to an
426	426	angle point;
427	427	(5) North 49°26'57" East, a distance of 39.77 feet to an
428	428	angle point;
429	429	(6) North 74°47'07" East, a distance of 451.42 feet to an
430	430	angle point;
431	431	(7) North 55°38'57" East, a distance of 57.80 feet to an
432	432	angle point;
433	433	(8) North 22°37'44" East, a distance of 75.74 feet to an
434	434	angle point;
435	435	(9) North 12°53'38" West, a distance of 591.62 feet to the
436	436	south line of Lot 10 of Aaronglen Estates, map or plat thereof
437	437	recorded under Volume 9, Page 8 of the Liberty County Map Records
438	438	(L.C.M.R.), for a northerly corner of the herein described tract;
439	439	THENCE, North 76°29'43" East, along the north line of said Lot 10, a
440	440	distance of 18.00 feet to the northwest corner of a tract of land,
441	441	conveyed to Roman Guadalupe and Francella Martinez, as recorded
442	442	under L.C.C.F. No. 2020007603, and the northeast corner of the
443	443	herein described tract;
444	444	THENCE, South 12°36'14" East, along the west line of said Martinez
445	445	tract, common with the east line of said 49.51 acre tract, passing
446	446	at a distance of 488.82 feet a 5/8-inch iron rod found marking the
447	447	southwest corner of said Martinez tract, and continuing for a total
448	448	distance of 862.99 feet to a 1-inch iron pipe found marking the
449	449	southwest corner of Lot 12 of Whitewing Section II, map or plat
450	450	thereof recorded under Volume 8, Page 173, L.C.M.R. ;
451	451	THENCE, South 12°42'40" East, continuing along the east line of said
452	452	49.51 acre tract, passing at a distance of 1,624.04 feet the
453	453	southeast corner of said 49.51 acre tract, and continuing for a
454	454	total distance of 2,224.86 feet to an angle point;
455	455	THENCE, over and across the said Marilyn McCoy tracts, and the
456	456	aforesaid Tract 1 and Tract 2, conveyed to James A. Smesny, the
457	457	following
458	458	(1) South 38°44'04" West, a distance of 1,082.20 feet to an
459	459	angle point;
460	460	(2) South 28°06'28" West, a distance of 1,341.46 feet to an
461	461	angle point;
462	462	(3) South 15°01'13" West, a distance of 1,372.44 feet to an
463	463	angle point;
464	464	(4) South 01°54'04" East, a distance of 1,827.99 feet to an
465	465	angle point;
466	466	(5) South 20°23'43" East, a distance of 667.44 feet to the
467	467	north line of the aforesaid Tract 1, conveyed to Cedar Bayou Farms,
468	468	for the southeast corner of the herein described tract;
469	469	THENCE, South 77°03'37" West, along the north line of said Tract 1,
470	470	conveyed to Cedar Bayou Farms, a distance of 3,224.06 feet to the
471	471	POINT OF BEGINNING, and containing 605.3082 acres of land.
472	472	SECTION 3. (a) The legal notice of the intention to
473	473	introduce this Act, setting forth the general substance of this
474	474	Act, has been published as provided by law, and the notice and a
475	475	copy of this Act have been furnished to all persons, agencies,
476	476	officials, or entities to which they are required to be furnished
477	477	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
478	478	Government Code.
479	479	(b) The governor, one of the required recipients, has
480	480	submitted the notice and Act to the Texas Commission on
481	481	Environmental Quality.
482	482	(c) The Texas Commission on Environmental Quality has filed
483	483	its recommendations relating to this Act with the governor,
484	484	lieutenant governor, and speaker of the house of representatives
485	485	within the required time.
486	486	(d) All requirements of the constitution and laws of this
487	487	state and the rules and procedures of the legislature with respect
488	488	to the notice, introduction, and passage of this Act have been
489	489	fulfilled and accomplished.
490	490	SECTION 4. (a) Section 4021.0311, Special District Local
491	491	Laws Code, as added by Section 1 of this Act, takes effect only if
492	492	this Act receives a two-thirds vote of all the members elected to
493	493	each house.
494	494	(b) If this Act does not receive a two-thirds vote of all the
495	495	members elected to each house, Subchapter C, Chapter 4021, Special
496	496	District Local Laws Code, as added by Section 1 of this Act, is
497	497	amended by adding Section 4021.0311 to read as follows:
498	498	Sec. 4021.0311. NO EMINENT DOMAIN POWER. The district may
499	499	not exercise the power of eminent domain.
500	500	SECTION 5. This Act takes effect immediately if it receives
501	501	a vote of two-thirds of all the members elected to each house, as
502	502	provided by Section 39, Article III, Texas Constitution. If this
503	503	Act does not receive the vote necessary for immediate effect, this
504	504	Act takes effect September 1, 2025.
505	505
506	506
507	507
508	508	Pos. No. Name of Director
509	509
510	510
511	511
512	512	1 Dez Carlson
513	513
514	514
515	515
516	516	2 Remard Mason
517	517
518	518
519	519
520	520	3 Kye Sampson
521	521
522	522
523	523
524	524	4 Anthony Hernandez
525	525
526	526
527	527
528	528	5 Kyle Clarke