Texas 2025 - 89th Regular

Texas House Bill HB5692 Compare Versions

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Old	New	Differences
1	1	89R22522 JTZ-F
2	2	By: Guillen H.B. No. 5692
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6	6
7	7	A BILL TO BE ENTITLED
8	8	relating to the creation of the Palangana Energy District; granting
9	9	a limited power of eminent domain; providing authority to issue
10	10	bonds; providing authority to impose assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle X, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 11023 to read as follows:
14	14	CHAPTER 11023. PALANGANA ENERGY DISTRICT
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 11023.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "County" means Duval County.
21	21	(4) "Director" means a board member.
22	22	(5) "District" means the Palangana Energy District.
23	23	Sec. 11023.0102. NATURE OF DISTRICT. The Palangana Energy
24	24	District is a conservation and reclamation district created under
25	25	Section 59, Article XVI, Texas Constitution.
26	26	Sec. 11023.0103. PURPOSE; DECLARATION OF INTENT. (a) The
27	27	creation of the district is essential to accomplish the purposes of
28	28	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
29	29	Texas Constitution, and other public purposes stated in this
30	30	chapter.
31	31	(b) By creating the district, the legislature has
32	32	established a program to accomplish the public purposes set out in
33	33	Section 52-a, Article III, Texas Constitution.
34	34	Sec. 11023.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
35	35	(a) The district is created to serve a public use and benefit.
36	36	(b) The creation of the district is necessary to:
37	37	(1) accomplish essential public functions under the
38	38	constitution of this state that enhance energy security,
39	39	reliability, and resiliency in an environmentally responsible
40	40	manner;
41	41	(2) promote and diversify economic development and
42	42	commerce; and
43	43	(3) conserve, secure, and develop the natural energy
44	44	resources of this state for the benefit of the South Texas region
45	45	and this state.
46	46	(c) The creation of the district is in the public interest
47	47	and is essential to further the public purposes of:
48	48	(1) developing and diversifying the economy of the
49	49	state;
50	50	(2) eliminating unemployment and underemployment; and
51	51	(3) developing or expanding transportation and
52	52	commerce.
53	53	(d) The district will:
54	54	(1) promote the health, safety, and general welfare of
55	55	residents, employers, potential employees, employees, visitors,
56	56	and consumers in the district, and of the public;
57	57	(2) provide needed funding for the district to
58	58	preserve, maintain, and enhance the economic health and vitality of
59	59	the district territory as a community and business center;
60	60	(3) promote the health, safety, welfare, and enjoyment
61	61	of the public by providing pedestrian ways and by landscaping and
62	62	developing certain areas in the district, which are necessary for
63	63	the restoration, preservation, and enhancement of scenic beauty;
64	64	and
65	65	(4) provide for water, wastewater, drainage, road, and
66	66	recreational facilities for the district.
67	67	(e) Pedestrian ways along or across a street, whether at
68	68	grade or above or below the surface, and street lighting, street
69	69	landscaping, parking, and street art objects are parts of and
70	70	necessary components of a street and are considered to be a street
71	71	or road improvement.
72	72	(f) The district will not act as the agent or
73	73	instrumentality of any private interest even though the district
74	74	will benefit many private interests as well as the public.
75	75	Sec. 11023.0105. INITIAL DISTRICT TERRITORY. (a) The
76	76	district is initially composed of the territory described by
77	77	Section 2 of the Act enacting this chapter.
78	78	(b) The boundaries and field notes contained in Section 2 of
79	79	the Act enacting this chapter form a closure. A mistake in the
80	80	field notes or in copying the field notes in the legislative process
81	81	does not affect the district's:
82	82	(1) organization, existence, or validity;
83	83	(2) right to issue any type of bonds for the purposes
84	84	for which the district is created or to pay the principal of and
85	85	interest on the bonds;
86	86	(3) right to impose or collect an assessment or tax; or
87	87	(4) legality or operation.
88	88	Sec. 11023.0106. APPLICABILITY OF MUNICIPAL MANAGEMENT
89	89	DISTRICTS LAW. Except as otherwise provided by this chapter,
90	90	Chapter 375, Local Government Code, applies to the district.
91	91	Sec. 11023.0107. CONSTRUCTION OF CHAPTER. This chapter
92	92	shall be liberally construed in conformity with the findings and
93	93	purposes stated in this chapter.
94	94	SUBCHAPTER B. BOARD OF DIRECTORS
95	95	Sec. 11023.0201. GOVERNING BODY; TERMS. (a) The district
96	96	is governed by a board of five directors.
97	97	(b) The commission appoints the directors to positions
98	98	numbered one through five.
99	99	(c) Directors serve staggered four-year terms.
100	100	(d) The commission shall appoint directors from persons
101	101	recommended by the board.
102	102	(e) The board by resolution may change the number of
103	103	directors on the board, but only if the board determines that the
104	104	change is in the best interest of the district. The board may not
105	105	consist of fewer than 5 or more than 11 directors.
106	106	Sec. 11023.0202. ELIGIBILITY TO SERVE AS DIRECTOR. (a) A
107	107	director must meet the requirements provided by Section 375.063,
108	108	Local Government Code.
109	109	(b) A person who owns a partnership interest, whether
110	110	general or limited, or who has a lease with a remaining term of 30
111	111	years or more, excluding options, is considered to be an owner of
112	112	land for purposes of this chapter.
113	113	(c) A person who qualifies to serve on the board is
114	114	qualified to serve as a director and participate in all votes
115	115	pertaining to the business of the district.
116	116	Sec. 11023.0203. VACANCIES. Any vacancy occurring on the
117	117	board shall be filled for the unexpired term by appointment in the
118	118	manner in which the vacating director was appointed.
119	119	Sec. 11023.0204. REMOVAL OF DIRECTOR. The commission may
120	120	remove a director for misconduct or failure to carry out the
121	121	director's duties after a petition by a majority of the other
122	122	directors.
123	123	Sec. 11023.0205. COMPENSATION; REIMBURSEMENT. A director
124	124	is not entitled to compensation for service on the board but is
125	125	entitled to be reimbursed for necessary expenses incurred in
126	126	carrying out the duties and responsibilities of a director.
127	127	Sec. 11023.0206. INITIAL DIRECTORS. (a) On or after the
128	128	effective date of the Act enacting this chapter, the owner or owners
129	129	of a majority of the assessed value of the real property in the
130	130	district according to the most recent certified tax appraisal roll
131	131	for the county may submit a petition to the commission requesting
132	132	that the commission appoint as initial directors the five persons
133	133	named in the petition. The commission shall appoint as initial
134	134	directors the five persons named in the petition.
135	135	(b) Each initial director serves until the date a successor
136	136	permanent director is appointed in the manner provided by Section
137	137	11023.0201. The commission may appoint an initial director to
138	138	serve as a permanent director if the initial director is eligible to
139	139	serve under Section 11023.0202.
140	140	Sec. 11023.0207. OFFICERS. At the first meeting of the
141	141	board after May 1 of each year, the board shall elect officers for
142	142	the district, including a chair, vice chair, secretary, and
143	143	treasurer.
144	144	Sec. 11023.0208. MEETINGS AND ACTIONS OF BOARD; QUORUM.
145	145	(a) The board may meet as many times each year as the board
146	146	considers appropriate.
147	147	(b) A majority of the membership of the board constitutes a
148	148	quorum at a meeting of the board.
149	149	(c) A concurrence of a majority of the directors present and
150	150	voting is sufficient for transacting any business of the district
151	151	unless other applicable law, or the district by rule, requires a
152	152	concurrence of a greater number of directors for a specific type of
153	153	decision.
154	154	SUBCHAPTER C. POWERS AND DUTIES
155	155	Sec. 11023.0301. GENERAL POWERS AND DUTIES. (a) The
156	156	district has the powers and duties necessary to accomplish the
157	157	purposes for which the district is created.
158	158	(b) The district may sell, lease, convey, or otherwise
159	159	dispose of any right, interest, or property the district considers
160	160	to be unnecessary for the efficient operation or maintenance of the
161	161	district's facilities.
162	162	Sec. 11023.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
163	163	The district, using any money available to the district for the
164	164	purpose, may provide, design, construct, acquire, improve,
165	165	relocate, operate, maintain, or finance an improvement project or
166	166	service authorized under this chapter or Chapter 375, Local
167	167	Government Code.
168	168	(b) The district may contract with a governmental or private
169	169	entity to carry out an action under Subsection (a).
170	170	(c) The implementation of a district project or service is a
171	171	governmental function or service for the purposes of Chapter 791,
172	172	Government Code.
173	173	Sec. 11023.0303. ADDITIONAL INFRASTRUCTURE POWERS. (a) The
174	174	district may acquire, purchase, own, hold, lease, construct,
175	175	operate, repair, improve, maintain, extend, develop, and finance:
176	176	(1) groundwater wells or other sources of water
177	177	supply;
178	178	(2) water and wastewater works;
179	179	(3) drainage;
180	180	(4) road improvements;
181	181	(5) salt cavern solution mining and storage
182	182	facilities;
183	183	(6) facilities relating to the production,
184	184	transmission, or storage of natural gas or hydrogen; and
185	185	(7) facilities that generate, store, transmit, or
186	186	distribute electricity, including solar energy generation and
187	187	storage facilities.
188	188	(b) The district may not operate a facility described by
189	189	Subsection (a)(7) for the sale of electricity to an end user.
190	190	Sec. 11023.0304. LAW ENFORCEMENT SERVICES. To protect the
191	191	public interest, the district may contract with a qualified party,
192	192	including the county, to provide law enforcement services in the
193	193	district for a fee.
194	194	Sec. 11023.0305. 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. 11023.0306. EMINENT DOMAIN. (a) The district may
209	209	exercise the power of eminent domain inside the district boundaries
210	210	to acquire a fee simple or other interest in property if the
211	211	interest is necessary for the district to exercise the rights or
212	212	authority conferred by this chapter, including for a purpose
213	213	described by Section 49.222, Water Code.
214	214	(b) The district must exercise the power of eminent domain
215	215	in the manner provided by Chapter 21, Property Code, except that the
216	216	district is not required to give bond for appeal or bond for costs
217	217	in a condemnation suit or other suit to which it is a party and is
218	218	not required to deposit more than the amount of the award in any
219	219	suit.
220	220	(c) The district may not exercise the power of eminent
221	221	domain outside the district boundaries.
222	222	Sec. 11023.0307. COOPERATIVE CONTRACTS. The district may
223	223	enter into an interlocal contract with a local government under
224	224	Chapter 791, Government Code, to carry out a power of the district.
225	225	Sec. 11023.0308. ADDING OR EXCLUDING LAND. Except as
226	226	provided by Section 11023.0309, the district may add or exclude
227	227	land in the manner provided by Subchapter J, Chapter 49, Water Code,
228	228	or by Subchapter H, Chapter 54, Water Code.
229	229	Sec. 11023.0309. DIVISION OF DISTRICT. (a) The district
230	230	may be divided into two or more new districts only if the district:
231	231	(1) has no outstanding bonded debt; and
232	232	(2) is not imposing ad valorem taxes.
233	233	(b) This chapter applies to any new district created by the
234	234	division of the district, and a new district has all the powers and
235	235	duties of the district.
236	236	(c) Any new district created by the division of the district
237	237	may not, at the time the new district is created, contain any land
238	238	outside the area described by Section 2 of the Act enacting this
239	239	chapter.
240	240	(d) The board, on its own motion or on receipt of a petition
241	241	signed by the owner or owners of a majority of the assessed value of
242	242	the real property in the district, may adopt an order dividing the
243	243	district.
244	244	(e) The board may adopt an order dividing the district
245	245	before or after the date the board holds an election to provide
246	246	authority for the issuance of bonds.
247	247	(f) An order dividing the district must:
248	248	(1) name each new district;
249	249	(2) include the metes and bounds description of the
250	250	territory of each new district;
251	251	(3) appoint initial directors for each new district;
252	252	and
253	253	(4) provide for the division of assets and liabilities
254	254	between or among the new districts.
255	255	(g) On or before the 30th day after the date of adoption of
256	256	an order dividing the district, the district shall file the order
257	257	with the commission and record the order in the real property
258	258	records of each county in which the district is located.
259	259	(h) 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	Sec. 11023.0310. OPTION OF SELECTION OF ELECTRICAL
264	264	PROVIDER. (a) The board of a district that is located in the
265	265	service area of more than one provider of electricity by resolution
266	266	may select the provider that may provide such services within the
267	267	entire territory of the district. The resolution must state the
268	268	effective date.
269	269	(b) As soon as practicable after the date a board resolution
270	270	under Subsection (a) is approved, the board shall file with each
271	271	affected provider and in the real property records of each county in
272	272	which the district is located a certified copy of the resolution.
273	273	(c) On the effective date of the resolution, the territory
274	274	in the district may be served only by the provider of retail
275	275	electrical services selected by the district for all purposes
276	276	related to the provision of retail electrical services. No action
277	277	or approval by any provider of retail electrical services not
278	278	selected by the district is required.
279	279	(d) This section applies only to the selection of a provider
280	280	of retail electrical services and not to a certificate of
281	281	convenience and necessity.
282	282	Sec. 11023.0311. PUBLIC IMPROVEMENT DISTRICT POWERS. The
283	283	district has the powers provided by Chapter 372, Local Government
284	284	Code, to a municipality or county.
285	285	Sec. 11023.0312. DEVELOPMENT CORPORATION POWERS. The
286	286	district may create and use a development corporation under Chapter
287	287	501, Local Government Code, by acting as a unit under that chapter.
288	288	Sec. 11023.0313. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
289	289	Section 375.161, Local Government Code, does not apply to the
290	290	district.
291	291	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
292	292	Sec. 11023.0401. GIFTS, GRANTS, LOANS, AND OTHER FUNDS.
293	293	The district may apply for, accept, receive, and administer gifts,
294	294	grants, loans, and other funds available from any source.
295	295	Sec. 11023.0402. AUTHORITY TO BORROW MONEY AND TO ISSUE
296	296	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
297	297	terms determined by the board.
298	298	(b) The district may issue bonds, notes, or other
299	299	obligations payable wholly or partly from ad valorem taxes, impact
300	300	fees, revenue, contract payments, grants, sales and use taxes,
301	301	other district money, or any combination of those sources to pay for
302	302	any authorized district purpose. The district may finance any
303	303	purchase or acquisition through a bond, note, or other obligation
304	304	or through a lease-purchase agreement.
305	305	(c) Subchapter F, Chapter 49, Water Code, does not apply to
306	306	the district.
307	307	(d) Section 54.5161, Water Code, does not apply to the
308	308	district.
309	309	(e) The district has the rights, powers, duties, and
310	310	obligations of an issuer under Chapter 1371, Government Code.
311	311	Sec. 11023.0403. BONDS, NOTES, AND OTHER OBLIGATIONS EXEMPT
312	312	FROM TAXATION. A bond, note, or other obligation issued under this
313	313	chapter, a transaction related to the bond, note, or other
314	314	obligation, the interest on the bond, note, or other obligation,
315	315	and the profit from the sale of the bond, note, or other obligation
316	316	are exempt from taxation by this state or a political subdivision of
317	317	this state.
318	318	Sec. 11023.0404. DISBURSEMENTS AND TRANSFERS OF MONEY. The
319	319	board by resolution shall establish the number of directors'
320	320	signatures and the procedure required for a disbursement or
321	321	transfer of district money.
322	322	SUBCHAPTER E. ASSESSMENTS
323	323	Sec. 11023.0501. PETITION REQUIRED FOR FINANCING SERVICES
324	324	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
325	325	service or improvement project with assessments under this chapter
326	326	unless a written petition requesting that service or improvement
327	327	has been filed with the board.
328	328	(b) A petition filed under Subsection (a) must be signed by
329	329	the owners of a majority of the assessed value of real property in
330	330	the district subject to assessment according to the most recent
331	331	certified tax appraisal roll for the county.
332	332	Sec. 11023.0502. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
333	333	The board by resolution may impose and collect an assessment for any
334	334	purpose authorized by this chapter in all or any part of the
335	335	district.
336	336	(b) An assessment, a reassessment, or an assessment
337	337	resulting from an addition to or correction of the assessment roll
338	338	by the district, penalties and interest on an assessment or
339	339	reassessment, an expense of collection, and reasonable attorney's
340	340	fees incurred by the district:
341	341	(1) are a first and prior lien against the property
342	342	assessed;
343	343	(2) are superior to any other lien or claim other than
344	344	a lien or claim for county, school district, or municipal ad valorem
345	345	taxes; and
346	346	(3) are the personal liability of and a charge against
347	347	the owners of the property even if the owners are not named in the
348	348	assessment proceedings.
349	349	(c) The lien is effective from the date of the board's
350	350	resolution imposing the assessment until the date the assessment is
351	351	paid. The board may enforce the lien in the same manner that the
352	352	board may enforce an ad valorem tax lien against real property.
353	353	(d) The board may make a correction to or deletion from the
354	354	assessment roll that does not increase the amount of assessment of
355	355	any parcel of land without providing notice and holding a hearing in
356	356	the manner required for additional assessments.
357	357	SUBCHAPTER F. TAXES AND BONDS
358	358	Sec. 11023.0601. TAX ELECTION REQUIRED. (a) The district
359	359	must hold an election in the manner provided by Chapter 49, Water
360	360	Code, or, if applicable, Chapter 375, Local Government Code, to
361	361	obtain voter approval before the district may impose an ad valorem
362	362	tax.
363	363	(b) Section 375.243, Local Government Code, does not apply
364	364	to the district.
365	365	Sec. 11023.0602. OPERATION AND MAINTENANCE TAX. (a) If
366	366	authorized by a majority of the district voters voting at an
367	367	election under Section 11023.0601, the district may impose an
368	368	operation and maintenance tax on taxable property in the district
369	369	in the manner provided by Section 49.107, Water Code, for any
370	370	district purpose, including to:
371	371	(1) maintain and operate the district;
372	372	(2) construct or acquire improvements; or
373	373	(3) provide a service.
374	374	(b) The board shall determine the operation and maintenance
375	375	tax rate. The rate may not exceed the rate approved at the
376	376	election.
377	377	Sec. 11023.0603. BONDS SECURED BY REVENUE OR CONTRACT
378	378	PAYMENTS. The district may issue, without an election, bonds
379	379	secured by:
380	380	(1) revenue other than ad valorem taxes, including
381	381	contract revenues; or
382	382	(2) contract payments, provided that the requirements
383	383	of Section 49.108, Water Code, have been met.
384	384	Sec. 11023.0604. BONDS SECURED BY AD VALOREM TAXES;
385	385	ELECTIONS. (a) If authorized at an election under Section
386	386	11023.0601, the district may issue bonds payable from ad valorem
387	387	taxes.
388	388	(b) At the time the district issues bonds payable wholly or
389	389	partly from ad valorem taxes, the board shall provide for the annual
390	390	imposition of a continuing direct annual ad valorem tax, without
391	391	limit as to rate or amount, for each year that all or part of the
392	392	bonds are outstanding as required and in the manner provided by
393	393	Sections 54.601 and 54.602, Water Code.
394	394	(c) All or any part of any facilities or improvements that
395	395	may be acquired by a district by the issuance of its bonds may be
396	396	submitted as a single proposition or as several propositions to be
397	397	voted on at the election.
398	398	(d) The district may not issue bonds payable from ad valorem
399	399	taxes to finance a road project unless the issuance is approved by a
400	400	vote of a two-thirds majority of the district voters voting at an
401	401	election held for that purpose.
402	402	Sec. 11023.0605. BONDS FOR ROAD PROJECTS. At the time of
403	403	issuance, the total principal amount of bonds or other obligations
404	404	issued or incurred to finance road projects and payable from ad
405	405	valorem taxes may not exceed one-fourth of the assessed value of the
406	406	real property in the district.
407	407	Sec. 11023.0606. CONSENT OF MUNICIPALITY REQUIRED. (a)
408	408	The board may not issue bonds until each municipality in whose
409	409	corporate limits or extraterritorial jurisdiction the district is
410	410	located has consented by ordinance or resolution to the creation of
411	411	the district and to the inclusion of land in the district as
412	412	required by applicable law.
413	413	(b) This section applies only to the district's first
414	414	issuance of bonds payable from ad valorem taxes.
415	415	Sec. 11023.0607. AUTHORIZED INVESTMENTS; SECURITY FOR
416	416	FUNDS. (a) All bonds, notes, and other obligations issued by the
417	417	district shall be legal and authorized investments for all banks,
418	418	trust companies, building and loan associations, savings and loan
419	419	associations, insurance companies of all kinds and types,
420	420	fiduciaries, and trustees, and for all interest and sinking funds
421	421	and other public funds of the state, and all agencies,
422	422	subdivisions, and instrumentalities of the state, including all
423	423	counties, cities, towns, villages, school districts, and all other
424	424	kinds and types of districts, public agencies, and bodies politic.
425	425	(b) The district's bonds, notes, and other obligations are
426	426	eligible and lawful security for all deposits of public funds of the
427	427	state, and all agencies, subdivisions, and instrumentalities of the
428	428	state, including all counties, cities, towns, villages, school
429	429	districts, and all other kinds and types of districts, public
430	430	agencies, and bodies politic, to the extent of the market value of
431	431	the bonds, notes, and other obligations when accompanied by any
432	432	unmatured interest coupons attached to them.
433	433	(c) The district's bonds are negotiable instruments within
434	434	the meaning and purposes of the Business & Commerce Code. The
435	435	district's bonds may be issued and bear interest in accordance with
436	436	Chapters 1201, 1204, and 1371, Government Code, and Subchapters
437	437	A-C, Chapter 1207, Government Code.
438	438	SUBCHAPTER G. SALES AND USE TAX
439	439	Sec. 11023.0701. APPLICABILITY OF CERTAIN TAX CODE
440	440	PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
441	441	computation, administration, enforcement, and collection of the
442	442	sales and use tax authorized by this subchapter except to the extent
443	443	Chapter 321, Tax Code, is inconsistent with this chapter.
444	444	(b) A reference in Chapter 321, Tax Code, to a municipality
445	445	or the governing body of a municipality is a reference to the
446	446	district or the board, respectively.
447	447	Sec. 11023.0702. ELECTION; ADOPTION OF TAX. (a) The
448	448	district may adopt a sales and use tax if authorized by a majority
449	449	of the voters of the district voting at an election held for that
450	450	purpose.
451	451	(b) The board by order may call an election to authorize the
452	452	adoption of the sales and use tax. The election may be held on any
453	453	uniform election date and in conjunction with any other district
454	454	election.
455	455	(c) The ballot shall be printed to provide for voting for or
456	456	against the proposition: "Authorization of a sales and use tax in
457	457	the Palangana Energy District at a rate not to exceed ____ percent"
458	458	(insert rate of one or more increments of one-eighth of one
459	459	percent).
460	460	Sec. 11023.0703. SALES AND USE TAX RATE. (a) On or after
461	461	the date the results are declared of an election held under Section
462	462	11023.0702 at which the voters approved imposition of the tax
463	463	authorized by this subchapter, the board shall determine and adopt
464	464	by resolution or order the initial rate of the tax, which must be in
465	465	one or more increments of one-eighth of one percent.
466	466	(b) After the authorization of a tax under Section
467	467	11023.0702, the board may increase or decrease the rate of the tax
468	468	by one or more increments of one-eighth of one percent.
469	469	(c) The board may not decrease the rate of the tax if the
470	470	decrease would impair the repayment of any outstanding debt or
471	471	obligation payable from the tax.
472	472	(d) The initial rate of the tax or any rate resulting from
473	473	subsequent increases or decreases may not exceed the lesser of:
474	474	(1) the maximum rate authorized by the district voters
475	475	at the election held under Section 11023.0702; or
476	476	(2) a rate that, when added to the rates of all sales
477	477	and use taxes imposed by other political subdivisions with
478	478	territory in the district, would result in the maximum combined
479	479	rate prescribed by Section 321.101(f), Tax Code, at any location in
480	480	the district.
481	481	(e) In determining whether the combined sales and use tax
482	482	rate under Subsection (d)(2) would exceed the maximum combined rate
483	483	prescribed by Section 321.101(f), Tax Code, at any location in the
484	484	district, the board shall include:
485	485	(1) any sales and use tax imposed by a political
486	486	subdivision whose territory overlaps all or part of the district;
487	487	(2) any sales and use tax to be imposed by the county
488	488	or a municipality in which the district is located as a result of an
489	489	election held on the same date as the election held under Section
490	490	11023.0702; and
491	491	(3) any increase to an existing sales and use tax
492	492	imposed by the county or a municipality in which the district is
493	493	located as a result of an election held on the same date as the
494	494	election held under Section 11023.0702.
495	495	(f) If the district adopts a sales and use tax authorized at
496	496	an election under Section 11023.0702 and subsequently includes new
497	497	territory in the district, the district:
498	498	(1) is not required to hold another election to
499	499	approve the imposition of the sales and use tax in the included
500	500	territory; and
501	501	(2) shall impose the sales and use tax in the included
502	502	territory as provided by Chapter 321, Tax Code.
503	503	(g) If the district adopts a sales and use tax authorized at
504	504	an election under Section 11023.0702 and subsequently excludes
505	505	territory in the district, the sales and use tax is inapplicable to
506	506	the excluded territory as provided by Chapter 321, Tax Code, but is
507	507	applicable to the territory remaining in the district.
508	508	Sec. 11023.0704. TAX AFTER MUNICIPAL ANNEXATION. (a) This
509	509	section applies to the district after a municipality annexes part
510	510	of the territory in the district and imposes the municipality's
511	511	sales and use tax in the annexed territory.
512	512	(b) If at the time of annexation the district has
513	513	outstanding debt or other obligations payable wholly or partly from
514	514	district sales and use tax revenue, Section 321.102(g), Tax Code,
515	515	applies to the district.
516	516	(c) If at the time of annexation the district does not have
517	517	outstanding debt or other obligations payable wholly or partly from
518	518	district sales and use tax revenue, the district may:
519	519	(1) exclude the annexed territory from the district,
520	520	if the district has no outstanding debt or other obligations
521	521	payable from any source; or
522	522	(2) reduce the sales and use tax in the annexed
523	523	territory by resolution or order of the board to a rate that, when
524	524	added to the sales and use tax rate imposed by the municipality in
525	525	the annexed territory, is equal to the sales and use tax rate
526	526	imposed by the district in the district territory that was not
527	527	annexed by the municipality.
528	528	Sec. 11023.0705. NOTIFICATION OF RATE CHANGE. The board
529	529	shall notify the comptroller of any changes made to the tax rate
530	530	under this subchapter in the same manner the municipal secretary
531	531	provides notice to the comptroller under Section 321.405(b), Tax
532	532	Code.
533	533	Sec. 11023.0706. USE OF REVENUE. Revenue from the sales and
534	534	use tax imposed under this subchapter is for the use and benefit of
535	535	the district and may be used for any district purpose. The district
536	536	may pledge all or part of the revenue to the payment of bonds,
537	537	notes, or other obligations, and that pledge of revenue may be in
538	538	combination with other revenue, including tax revenue, available to
539	539	the district.
540	540	Sec. 11023.0707. ABOLITION OF TAX. (a) Except as provided
541	541	by Subsection (b), the board may abolish the tax imposed under this
542	542	subchapter without an election.
543	543	(b) The board may not abolish the tax imposed under this
544	544	subchapter if the district has any outstanding debt or obligation
545	545	secured by the tax, and repayment of the debt or obligation would be
546	546	impaired by the abolition of the tax.
547	547	(c) If the board abolishes the tax, the board shall notify
548	548	the comptroller of that action in the same manner the municipal
549	549	secretary provides notice to the comptroller under Section
550	550	321.405(b), Tax Code.
551	551	(d) If the board abolishes the tax or decreases the tax rate
552	552	to zero, a new election to authorize a sales and use tax must be held
553	553	under Section 11023.0702 before the district may subsequently
554	554	impose the tax.
555	555	SUBCHAPTER I. DISSOLUTION
556	556	Sec. 11023.0901. DISSOLUTION. (a) The board shall
557	557	dissolve the district on written petition filed with the board by
558	558	the owners of at least two-thirds of the assessed value of the
559	559	property subject to assessment or taxation by the district based on
560	560	the most recent certified county property tax rolls.
561	561	(b) The district may not be dissolved by its board under
562	562	Subsection (a) if the district:
563	563	(1) has any outstanding bonded indebtedness until that
564	564	bonded indebtedness has been repaid or defeased in accordance with
565	565	the order or resolution authorizing the issuance of the bonds;
566	566	(2) has a contractual obligation to pay money until
567	567	that obligation has been fully paid in accordance with the
568	568	contract; or
569	569	(3) owns, operates, or maintains public works,
570	570	facilities, or improvements unless the district contracts with
571	571	another person for the ownership, operation, or maintenance of the
572	572	public works, facilities, or improvements.
573	573	(c) Sections 375.261, 375.262, and 375.264, Local
574	574	Government Code, do not apply to the district.
575	575	SECTION 2. The Palangana Energy District initially includes
576	576	all territory contained in the following area:
577	577	TRACT 1 (3,086.793 acres):
578	578	Being 3762.302 acres of land, more or less, excluding 670.379
579	579	acres of land, more or less, out of the Eusebio Carrillo Survey 82,
580	580	Abstract No. 1702 and excluding 5.13 acres of land of surface
581	581	estate, more or less, being the total of the 0.11 acres, 3.46 acres
582	582	and 1.17 acres recorded in Volume 254, Page 446, Deed Records of
583	583	Duval County, Texas and the 0.39 acres recorded in Volume 274, Page
584	584	15, D.R.D.C.T. lying within the 120 foot wide fenced area around
585	585	F.M. 3196, leaving a net acreage of 3086.793 acres of land, more or
586	586	less, said 3086.793 acres including 20.798 acres lying within the
587	587	120 foot wide fenced in area around F.M. 3196 and being all the
588	588	called 3100.64 acre tract recorded in Volume 61, Page 285, Deed
589	589	Records of Duval County, Texas, which tract is located
590	590	approximately 4 miles north of Benavides, Texas and 12 miles
591	591	southwest of San Diego Texas and being a portion of the tract of
592	592	land known as the Palangana Pasture in Duval County, Texas allotted
593	593	to Mrs. Lizzie Singer under the terms of the will of Mrs. Anna
594	594	Collins, deceased, and decree of the District Court of Nueces
595	595	County, Texas and being Share 4 out of Parcel F Second (sometimes
596	596	referred to in the Record as being out of Parcel F, First and Parcel
597	597	F, Second) and which decree is recorded in Volume Z, Page 314, Deed
598	598	Records of Duval County, Texas and this 3762.302 acre tract being
599	599	more particularly described by metes and bounds as follows;
600	600	Beginning at a found timber corner post being the southwest
601	601	corner of said Share 3, Parcel F, Second allotted to Robert
602	602	Schallert for the northwest corner of this tract and said corner
603	603	having a State Plane Grid Coordinate of N 17,135,158.96', E
604	604	1,005,006.90', NAD'83, Texas South Zone in U.S. feet;
605	605	Thence S 00-47-55 E with the west boundary of this tract and
606	606	S.K. & K Survey 247, Abstract No. 548, 3081.26 feet, to a found
607	607	timber fence corner post for a slight turning point on said fence;
608	608	Thence S 00-26-55 E with the west boundary of this tract and
609	609	the west boundary of said Survey 247 and G. H.&H.R.R. Survey 79,
610	610	Abstract No. 250, 2312.56 feet, to a found timber fence corner post
611	611	for a southwest corner of this tract, the same being the southeast
612	612	corner of John A Dix Survey 80, Abstract No. 1470 and the northeast
613	613	corner of N. Gutierez Survey 6, Abstract No. 662;
614	614	Thence N 89-21-36 E with a south boundary of this tract,
615	615	625.00 feet, to a set 5/8-inch iron rod for an inside corner of this
616	616	tract;
617	617	Thence S 01-00-18 E with a west boundary of this tract,
618	618	2804.69 feet, to a set 5/8-inch iron rod for an interior corner of
619	619	this tract;
620	620	Thence S 88-58-56 W with a north boundary of this tract,
621	621	625.00 feet, to a found pointed mesquite fence corner post for a
622	622	corner of this tract and the southeast corner of the N. Gutieriez
623	623	Survey 6, Abstract No. 662, the same being the northeast corner of
624	624	the Jose Ma. Saens Survey 23, Abstract No. 509;
625	625	Thence S 00-04-45 W with a west boundary of this tract, the
626	626	same being the west boundary of said G.H. & H.R.R. Survey 79,
627	627	Abstract No. 250, 275.35 feet, to a found timber fence corner post
628	628	for a southwest corner of this tract and said Survey79, the same
629	629	being the northwest corner of the Jose Ma. Vela Survey 22, Abstract
630	630	No. 616;
631	631	Thence S 89-42-18 E with a south boundary of this tract, the
632	632	same being the common boundary between Surveys 79 and 22, 2688.37
633	633	feet, to a fence steel corner post for a corner of this tract and
634	634	said Survey 79 and the northeast corner of said Survey 22;
635	635	Thence S 01-16-25 E with a west boundary of this tract and
636	636	said Survey 79, the same being the east boundary of Survey 22,
637	637	417.05 feet, to a found steel fence corner post for a corner of this
638	638	tract, the same being the northwest corner of the S. Estringel
639	639	Survey 21, Abstract No. A-209 for a corner of this tract and said
640	640	Survey 79;
641	641	Thence N 89-49-48 E with the south boundary of this tract and
642	642	said Survey 79, the same being the north boundary of said Survey 21,
643	643	2,698.56 feet, to a found steel fence corner post for an inside
644	644	corner of this tract, the same being the southeast corner of Survey
645	645	79 and the northeast corner of Survey 21;
646	646	Thence S 00-13-02 E with a west boundary of this tract and the
647	647	Geo. Cumberland Survey No. 4, Abstract No. 175, the Antonio Vela
648	648	Survey 25, Abstract No. 615, the same being the east boundary of
649	649	Survey 21, 2713.80 feet to a found timber fence corner post for a
650	650	corner of this tract and the southeast corner of Survey 21 and a
651	651	corner of the Garza Irrigation and Manufacturing Survey 593,
652	652	Abstract 664;
653	653	Thence S 00-39-38 E, 397.68 feet, to a found timber fence
654	654	corner post for the southwest corner the Antonio Vela Survey 25,
655	655	Abstract No. 615, the same being a corner of said Survey 593;
656	656	Thence S 01-24-22 W with the west boundary of this tract,
657	657	1746.24 feet, to a found timber corner post for the southmost
658	658	southwest corner of this tract, said corner being the northwest
659	659	corner of the Marcos Villareal Survey 52, Abstract No. 1520 and a
660	660	corner of said Survey 593;
661	661	Thence N 89-04-12 E with the south boundary of this tract and
662	662	said Survey 593, 4,008.83 feet, to a found timber fence corner post
663	663	on the west fence line of F.M. 3196 for a southeast corner of this
664	664	tract;
665	665	Thence N 03-55-20 W with the east boundary of this tract along
666	666	a fence line on the west side of F.M. 3196, 1695.60 feet, to a found
667	667	timber fence corner post for a northeast corner of this tract;
668	668	Thence S 89-45-00 W with the most southerly north boundary of
669	669	this tract, the same being the south boundary of the Nestor Garza
670	670	Survey 47, Abstract No. 275, 1165.58 feet, to a found timber fence
671	671	corner post for an interior corner of this tract and the common
672	672	corner of said Surveys 47 and 25;
673	673	Thence N 00-15-00 W with an east boundary of this tract and
674	674	the west boundary of said Survey 47, the same being the east
675	675	boundary of Survey 25, 2724.39 feet, to a found timber fence corner
676	676	post for an interior corner of this tract and the northeast corner
677	677	of said Survey 25 and the northwest corner of said Survey 47, said
678	678	corner being on the south boundary of the Geo Cumberland Survey
679	679	No. 4, Abstract No. 175;
680	680	Thence N 89-48-59 E with a south boundary of this tract, the
681	681	same being the south boundary of said Survey No. 4, passing F.M.
682	682	3196, in all 8,615.88 feet, to a found 1-1/2 inch iron pipe for the
683	683	east most southeast corner of this tract and the southeast corner of
684	684	said Survey 4;
685	685	Thence N 00-16-59 E with the east boundary of this tract and
686	686	said Survey No. 4, 9,149.76 feet, to a found timber fence corner
687	687	post for the northeast corner of this tract, the same being the
688	688	southeast corner of said Share 3, Parcel F, Second;
689	689	Thence N 89-37-13 W with the north boundary of this tract,
690	690	16,854.30 feet, to the point of beginning and containing 3762.302
691	691	acres of land, more or less, excluding the aforementioned 670.379
692	692	acre tract out of the Eusebio Carrillo Survey 82, Abstract No. 1702
693	693	and also excluding the 5.13 acres of surface estate lying within the
694	694	boundary fence of F.M. 3196, leaving a net acreage of 3086.793
695	695	acres.
696	696	Excluded 670.379 Acre Tract (Carrillo Survey 82 Tract):
697	697	Beginning at a 5/8-inch iron rod found for the northeast
698	698	corner of said Survey 82, said corner having a State Plane Grid
699	699	Coordinate of N 17,133,663.97', E 1,015,463.27', NAD,83, Texas
700	700	South Zone in U. S feet and from whence the found timber fence
701	701	corner post for the northeast corner of the above described
702	702	3762.302 acre tract bears N 77-47-57 E, 6,545.40 feet;
703	703	Thence S 00-15-29 E with the east boundary of this tract and
704	704	said Survey 82, the same being a west boundary of the Geo.
705	705	Cumberland Survey 4, Abstract No. 175, at 5,149.47 feet, pass a
706	706	found 4-inch timber cedar post on the fence on the west side of F.M.
707	707	3196 , said cedar fence post being the north corner of a 0.21 acre
708	708	surface estate recorded in Volume 253, Page 288, Deed Records of
709	709	Duval County, Texas, in all 5392.29 feet to the southeast corner of
710	710	this tract and said Survey 82 and said 0.21 acre tract, the same
711	711	being an inside corner of the G. Cumberland Survey No. 4;
712	712	Thence S 89-23-04 W with the south boundary of this tract and
713	713	said Survey 82 and said 0.21 acre tract, the same being the
714	714	southmost north boundary line of said Survey 4, at 42.93 feet pass a
715	715	fence corner post on the west fence of F.M. 3196, said corner also
716	716	being the west corner of said 0.21 acre surface estate, in all
717	717	5,403.55 feet, to a found timber fence corner post for the southwest
718	718	corner of this tract and said Survey 82;
719	719	Thence N 00-28-15 W with the west boundary of this tract and
720	720	said Survey 82, 5,394.46 feet, to a found steel corner post for the
721	721	northwest corner of this tract and said Survey 82;
722	722	Thence N 89-24-30 E with the north boundary of this tract and
723	723	said Survey 82, 5,423.57 feet, to the point of beginning and
724	724	containing 670.379 acres of land, more or less, save and except said
725	725	0.21 acres of said surface estate conveyed to the State of Texas,
726	726	leaving a net acreage of 670.169 acres
727	727	TRACT 2 (1,458.468 acres):
728	728	BEING 1,458.468 ACRES OF LAND, MORE OR LESS, OUT OF J.
729	729	POITEVENT SURVEY, SECTION NO. 10, ABSTRACT NO. 881; J. POITEVENT
730	730	SURVEY, SECTION NO. 10, ABSTRACT NO. 977; J. POITEVENT SURVEY,
731	731	SECTION NO. 10, ABSTRACT NO. 998; J. POITEVENT SURVEY, SECTION NO.
732	732	11, ABSTRACT NO. 674; THE SOUTH ONE HALF OF SK&K SURVEY, SECTION NO.
733	733	242, ABSTRACT NO. 1240; JAMES BROYLES SECTION NO. 245, ABSTRACT NO.
734	734	948; J.C. MEGERLE RANCH, RECORDED IN VOLUME 140, PAGE 501, DEED
735	735	RECORDS OF DUVAL COUNTY, TEXAS, AND THIS 1,458.468 ACRES OF LAND
736	736	BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
737	737	COMMENCING AT A SET 5/8" IRON ROD, SAID IRON ROD BEING THE
738	738	SOUTHEAST CORNER OF THE SA&MG RR CO SURVEY, SECTION NO. 88, ABSTRACT
739	739	NO. 1649 AND BEING ON THE WEST BOUNDARY LINE OF SA&MG RR CO SURVEY,
740	740	SECTION NO. 84, ABSTRACT NO. 932 AND BEING THE NORTHEAST CORNER OF
741	741	THIS TRACT;
742	742	THENCE S 00°31'55" E WITH FENCE AND WEST LINE OF SAID SECTION
743	743	NO. 84 A DISTANCE OF 2,178.13 FEET TO A FOUND 5/8" IRON ROD, BEING
744	744	THE SOUTHWEST CORNER OF SECTION NO. 84 AND AN INTERIOR CORNER OF
745	745	SAID J. POITEVENT SURVEY, SECTION 10, ABSTRACT NO. 881 AND A CORNER
746	746	OF THIS TRACT;
747	747	THENCE S 47°22'24" W WITH FENCE AND A DISTANCE 5,737.96 FEET
748	748	TO A FOUND 5/8" IRON ROD, BEING THE SOUTHEAST CORNER OF THIS TRACT;
749	749	THENCE S 89°53'40" W WITH FENCE AND A DISTANCE OF 4,188.97 TO A
750	750	SET 5/8" IRON ROD , BEING INTERIOR CORNER OF THIS TRACT;
751	751	THENCE S 00°11'27" E A DISTANCE OF 3,248.10 FEET TO A FOUND 1"
752	752	IRON PIPE LYING WITHIN IN THE RIGHT OF WAY OF THE TEX-MEX RAIL ROAD
753	753	ON THE WEST SIDE OF RAIL ROAD TRACKS, SAID IRON ROD BEING THE
754	754	SOUTHERLY SOUTHEAST CORNER OF THIS TRACT;
755	755	THENCE N 80°56'27" W A DISTANCE OF 2,641.38 FEET TO A FOUND 1"
756	756	IRON PIPE, THE SOUTHEAST CORNER OF GEORGE CUMBERLAND SURVEY,
757	757	SECTION NO. 4, ABSTRACT NO. 175 AN INTERIOR CORNER OF SAID SECTION
758	758	245 AND THE SOUTHWEST CORNER OF THIS TRACT;
759	759	THENCE N 00°18'02" E WITH FENCE ON THE EAST BOUNDARY LINE OF
760	760	SAID SECTION NO. 4 AND WEST BOUNDARY LINE OF SAID SECTION NO. 245
761	761	AND SOUTH HALF OF SECTION NO. 242, A DISTANCE OF 8,414.70 FEET TO A
762	762	FOUND 1" IRON PIPE, THE NORTH WEST CORNER OF SECTION NO. 242 AND THE
763	763	MOST WESTERLY NORTHWEST CORNER OF THIS TRACT;
764	764	THENCE N 89°12'34" E WITH FENCE AND SOUTH LINE OF THE NORTH
765	765	HALF OF SK&K SURVEY, SECTION NO. 242, ABSTRACT NO. 1651 AND NORTH
766	766	LINE OF SOUTH HALF OF SECTION NO. 242, A DISTANCE OF 5,623.26 FEET
767	767	TO A FOUND 1" IRON PIPE FOR AN INTERIOR CORNER OF THIS TRACT;
768	768	THENCE N 00°34'44" W WITH FENCE AND A DISTANCE OF 333.55 FEET
769	769	TO A FOUND 1" IRON PIPE, AND BEING THE MOST NORTHERLY NORTHWEST
770	770	CORNER OF THIS TRACT;
771	771	THENCE N 89°09'35" E WITH FENCE AND SOUTH BOUNDARY LINE OF
772	772	SAID SECTION NO. 88 AND NORTH BOUNDARY LINE OF SAID SECTION NO. 10;
773	773	ABSTRACT NO. 977, 998 AND 881 A DISTANCE OF 5,325.32 FEET TO THE
774	774	PLACE OF BEGINNING AND CONTAINING 1,458.468 ACRES OF LAND, MORE OR
775	775	LESS, OF WHICH 34.529 ACRES ARE WITHIN THE RAIL ROAD R.O.W.
776	776	TRACT 3 (169.830 acres):
777	777	Field notes of a 169.830 acre tract described in a deed
778	778	recorded in Volume 547, Page 813, Official Records Duval County,
779	779	Texas. Said 169.830 acre tract being out of Survey No. 82,
780	780	Certificate 31/184, G.H. & H., Original Grantee, Abstract No. 1702,
781	781	Duval County, Texas. Said 169.830 acre tract being more
782	782	particularly described as follows:
783	783	BEGINNING at a cotton spindle set at the southeast corner of
784	784	said Abstract No. 1702, in the northwest right of way of Farm to
785	785	Market 3196, for an inside corner of the G. Cumberland Survey,
786	786	Abstract 175, and for the southeast corner of this survey.
787	787	THENCE with the common line of said Abstracts 1702 and 175,
788	788	and this survey, South 89°26'23" West, a distance of 3680.56 feet to
789	789	a 5/8" re-bar set in the common line of said Abstracts 1702 and 175,
790	790	and for the southwest corner of this survey.
791	791	THENCE across said Abstract 1702, North 00°33'37" West, a
792	792	distance of 416.67 feet to a 5/8" re-bar set for an outside corner
793	793	of this survey.
794	794	THENCE across said Abstract 1702, North 89°26'23" East, a
795	795	distance of 1041.67 feet to a 5/8" re-bar set for an inside corner
796	796	of this survey.
797	797	THENCE across said Abstract 1702, North 00°33'37" West, a
798	798	distance of 2222.23 feet to a 5/8" re-bar set for the northwest
799	799	corner of this survey.
800	800	THENCE across said Abstract 1702, North 89°26'23" East, a
801	801	distance of 2638.89 feet to a 5/8" re-bar set for the northeast
802	802	corner of this survey.
803	803	THENCE across said Abstract 1702, South 00°33'37" East, a
804	804	distance of 2638.89 feet to the POINT of BEGINNING of this survey,
805	805	and containing 169.830 acres of land, more or less.
806	806	TRACT 4 (9.733 acres):
807	807	Field notes of a 9.733 acre tract described in a deed recorded
808	808	in Volume 547, Page 813, Official Records Duval County, Texas. Said
809	809	9.733 acre tract being out of Survey No. 82, Certificate 31/184,
810	810	G.H. & H., Original Grantee, Abstract No. 1702, Duval County,
811	811	Texas. Said 9.733 acre tract being more particularly described as
812	812	follows:
813	813	COMMENCING at a cotton spindle set at the southeast corner of
814	814	said Abstract No. 1702, in the northwest right of way of Farm to
815	815	Market 3196, for an inside corner of the G. Cumberland Survey,
816	816	Abstract 175, and for the southeast corner of a 169.830 acre tract
817	817	surveyed this day by Brister Surveying,
818	818	THENCE with the common line of said Abstracts 1702 and 175,
819	819	and said 169.830 acre tract, South 89°26'23" West, at a distance of
820	820	3680.56 feet pass a 5/8" re-bar set in the common line of said
821	821	Abstracts 1702 and 175, and for the southwest corner of said 169.830
822	822	acre tract, and in all a total distance of 5035.56 feet to a point,
823	823	THENCE North 00°33'37" West a distance of 734.72 feet to a
824	824	point,
825	825	THENCE South 73°48'37" East, a distance of 177.78 feet to a
826	826	point for the west corner of this survey and for the POINT of
827	827	BEGINNING.
828	828	THENCE across said Abstract 1702, North 31°11'23" East, a
829	829	distance of 452.78 feet to a point for the north corner of this
830	830	survey.
831	831	THENCE across said Abstract 1702, South 73°48'37" East, a
832	832	distance of 969.45 feet to a point for the east corner of this
833	833	survey.
834	834	THENCE across said Abstract 1702, South 31°11'23" West, a
835	835	distance of 452.78 feet to a point for the south corner of this
836	836	survey.
837	837	THENCE across said Abstract 1702, North 73°48'37" West, a
838	838	distance of 969.45 feet to the POINT of BEGINNING of this survey,
839	839	and containing 9.733 acres of land, more or less.
840	840	SECTION 3. (a) The legal notice of the intention to
841	841	introduce this Act, setting forth the general substance of this
842	842	Act, has been published as provided by law, and the notice and a
843	843	copy of this Act have been furnished to all persons, agencies,
844	844	officials, or entities to which they are required to be furnished
845	845	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
846	846	Government Code.
847	847	(b) The governor, one of the required recipients, has
848	848	submitted the notice and Act to the Texas Commission on
849	849	Environmental Quality.
850	850	(c) The Texas Commission on Environmental Quality has filed
851	851	its recommendations relating to this Act with the governor,
852	852	lieutenant governor, and speaker of the house of representatives
853	853	within the required time.
854	854	(d) All requirements of the constitution and laws of this
855	855	state and the rules and procedures of the legislature with respect
856	856	to the notice, introduction, and passage of this Act have been
857	857	fulfilled and accomplished.
858	858	SECTION 4. (a) Section 11023.0306, Special District Local
859	859	Laws Code, as added by Section 1 of this Act, takes effect only if
860	860	this Act receives a two-thirds vote of all the members elected to
861	861	each house.
862	862	(b) If this Act does not receive a two-thirds vote of all the
863	863	members elected to each house, Subchapter C, Chapter 11023, Special
864	864	District Local Laws Code, as added by Section 1 of this Act, is
865	865	amended by adding Section 11023.0306 to read as follows:
866	866	Sec. 11023.0306. NO EMINENT DOMAIN POWER. The district may
867	867	not exercise the power of eminent domain.
868	868	SECTION 5. This Act takes effect immediately if it receives
869	869	a vote of two-thirds of all the members elected to each house, as
870	870	provided by Section 39, Article III, Texas Constitution. If this
871	871	Act does not receive the vote necessary for immediate effect, this
872	872	Act takes effect September 1, 2025.