Bill Text: TX HB4652 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 208; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB4652 Detail]

Download: Texas-2021-HB4652-Enrolled.html

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H.B. No. 4652

AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 208; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7939A to read as follows:
CHAPTER 7939A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
NO. 208
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7939A.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Montgomery County Municipal
Utility District No. 208.
Sec. 7939A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7939A.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7939A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7939A.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 7939A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7939A.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7939A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7939A.0202, directors
serve staggered four-year terms.
Sec. 7939A.0202. TEMPORARY DIRECTORS. (a) On or after
September 1, 2021, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission requesting that the commission appoint as temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7939A.0103; or
(2) September 1, 2025.
(c) If permanent directors have not been elected under
Section 7939A.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7939A.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7939A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7939A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7939A.0303. AUTHORITY FOR ROAD PROJECTS. Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a
municipality for operation and maintenance macadamized, graveled,
or paved roads, or improvements, including storm drainage, in aid
of those roads.
Sec. 7939A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7939A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 7939A.0306. DIVISION OF DISTRICT. (a) The district
may be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
7939A.0103 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 7939A.0103. If the voters of a new district do not confirm
the creation of the new district, the assets, obligations,
territory, and governance of the new district revert to the
original district.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
7939A.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7939A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section
7939A.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7939A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7939A.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7939A.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7939A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7939A.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7939A.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Montgomery County Municipal Utility District
No. 208 initially includes all the territory contained in the
following area:
Those four (4) tracts of land described as follows:
(a) CONROE TRACT ONE.
Being forty-seven and nine hundred thirty-two-thousandths
(47.932) acres of land in the James Edwards Survey, A-190,
Montgomery County, Texas, also being a part of the J. W. Spiller
tract in same and being more particularly described by metes and
bounds as follows, to-wit.
Beginning on the South boundary line of White Oak Manor
Subdivision as shown in Volume 9, Page 46, Map Records, and being at
a point S. 61° 32 50" W. 655.3 ft. and N. 76° 32' 45" W. 218.03 ft.
from the most Easterly corner of said Subdivision, an iron pipe for
corner in fence;
Thence N. 76° 32 45" W. 1383.23 ft. along the South line of
White Oak Manor Subdivision to an iron pipe for corner;
Thence S. 13° 27' 15" W. 1094.77 ft. to an iron pipe for
corner;
Thence S. 76° 32' 45" E. 1601.26 ft. to an iron pipe for
corner;
Thence N. 61° 32" 50" E. 1371.02 ft to an iron pipe for corner
in the West line of Longmire Road;
Thence N. 27° 21 50" W. 339.35 ft. along the West line of
Longmire Road to an iron pipe for corner;
Thence S. 88° 52' 05" W. 600.17 ft. to an iron pipe for corner;
Thence S. 21° 02 10" E. 126.31 ft. to an iron pipe for corner;
Thence S. 72° 28' 26" W. 552.9 ft. to an iron pipe for corner;
Thence N. 3° 00' 24" E. 662.55 ft. to the place of beginning.
(b) CONROE TRACT TWO:
All that certain tract or parcel of land out of the Robert
Marsh Survey A-355, and James Edwards Survey A-189, in Montgomery
County, Texas being a portion of that certain tract of land conveyed
to J. W. Spiller and wife by deed recorded in Volume 488, Page 309,
of the deed records of Montgomery County, Texas, said tract of land
being more particularly described by metes and bounds as follows:
Beginning at a 3/4" iron pipe in the North line of the B. D.
Griffin 424.53 acre tract and at the Southwest corner of that
certain tract of land conveyed to W. S. Lampton Jr by deed recorded
in Volume 665, Page 538, for the Southeast corner hereof, from which
a 12" Elm marked X bears N 45° 00' W, 26.8 ft. and a 14" Ash marked X
bears N 10° 30' E, 36.8 ft.;
THENCE: Along the B. D. Griffin North line S 74° 49' 52" W, for
a distance of 1624.6 ft. to a 1/2" iron rod for the Southeast corner
of a 10.15 acre San Jacinto River Authority tract and the Southwest
corner hereof;
THENCE: Along the West line of the said San Jacinto River
Authority tract N 25° 06' 20" W. for a distance of 1186.30 ft. to a
yellow painted stake on the East bank of the San Jacinto River;
THENCE: Along the East bank of the San Jacinto River the
following courses:
(1) N 4° 07' E, 67.38 ft. to a yellow stake;
(2) N 25° 34' 17" E 59.58 ft. to a yellow stake;
(3) N 59° 49' 55" E, 117.87 ft. to a yellow stake;
(4) N 26° 41 17" E, 191.76 ft. to a yellow stake;
(5) N. 23° 46' 46" W, 50.44 ft. to a 1/2" iron stake in the
North line hereof;
THENCE: N 62° 01 12" E, along the North line hereof for a
distance of 1573.79 ft. to a 3/4" iron pipe at the Northwest corner
of the aforementioned W. S. Lampton tract and the Northeast corner
hereof, from which a 14" Sweet Gum marked X bears S 66° 45" E, 197.5
ft. and a 10" Red Oak marked X bears S 75° 30' E, 212.9 ft.;
THENCE: Along the West line of the said Lampton tract S 15° 08'
51" E. for a distance of 1849.4 ft. to the place of beginning and
containing 65.153 acres of land.
(c) CONROE TRACT THREE:
Being 7.5 acres of land in the James Edwards Survey, Abstract
No. 190 in Montgomery County, Texas, and being the North 1/2 of that
certain 15 acre tract described in Volume 646, Page 52 of the Deed
Records of Montgomery County, Texas, and being more particularly
described by metes and bounds as follows, to-wit:
BEGINNING at the northwest corner of the above mentioned 15
acre tract a stake for corner in the center of a 60 foot roadway from
which a 5/8" iron rod bears South 15° 09' East 30 feet;
THENCE North 74° 56' East 705.6 feet along the center line of
the above mentioned 60 foot roadway and the North line of said 15
acre tract to the Northeast corner of said 15 acre tract being the
northeast corner of the tract here described;
THENCE South 27° 37' East 444.0 feet along the East line of
said 15 acre tract and the West line of Longmire Road to the 5/8"
iron rod for the Southeast corner of the tract here described;
THENCE South 74° 56' West 802.5 feet to a 5/8" iron rod for
corner in the West line of said 15 acre tract for the Southwest
corner of the tract here described;
THENCE North 15° 04 West 433.4 feet along the West line of
said 15 acre tract to the PLACE OF BEGINNING.
(d) CONROE TRACT FOUR:
All that certain tract or parcel of land in the JAMES EDWARDS
SURVEY, ABSTRACT 190, the JAMES EDWARDS SURVEY, ABSTRACT 189, and
the ROBERT MARSH SURVEY, ABSTRACT 355, Montgomery County, Texas,
and being the same premises conveyed by J. W. Spiller, et ux. to W.
S. Lampton, Jr., Trustee, by Deed dated July 8, 1968, recorded in
Volume 665, Page 538, Deed Records of Montgomery County, Texas, and
being more particularly described by metes and bounds as follows,
to-wit.
BEGINNING at the most Northeasterly corner of a 625 acre
tract of land conveyed by J. W. Spiller to John Ben Williamson, by
Deed dated September 22, 1960, recorded in Volume 488, Page 313,
Deed Records of Montgomery County, Texas, said corner being in the
center of Longmire Road;
THENCE South 74 degrees 54 minutes West 2378.8 feet along the
North line of above mentioned 625 acre tract to the North Boundary
Line of the Robert Marsh Survey, an iron pipe for corner from which
a 12 inch Pine bears South 51 degrees 30 minutes West 8.4 feet, a 5
inch Red Oak bears South 11 degrees 30 minutes East 3.0 Feet, and an
11 inch Red Oak bears South 82 degrees 30 minutes East 19.0 feet;
THENCE North 74 degrees 35 minutes 15 seconds West 2222.6
feet along the North boundary of the Marsh and the South Line of the
upper James Edwards Survey, to an iron pipe for corner from which a
34 inch Pine bears South 37 degrees 30 minutes West 55 4 feet and a
10 inch Pine bears North 37 degrees East 64.4 feet, this corner also
being a corner of a 625 acre tract;
THENCE South 75 degrees 00 minutes West 5363.8 feet along the
North boundary of 625 acre tract to a 3/4 inch iron pipe for corner
at a point North 75 degrees East 2090.98 feet from the Northwest
corner of 625 acre tract, a 10 inch Elm bears North 47 degrees West
26.0 feet and a 12 inch Ash bears North 10 degrees East 36.8 feet;
THENCE North 15 degrees 02 minutes 30 seconds West 1849.6
feet to a 3/4 inch iron pipe for corner from which a 40 inch Pin Oak
bears South 44 degrees 37 minutes East 214.0 feet and a 14 inch
Sweet Gum bears South 36 degrees 36 minutes East 197.7 feet, this
corner being in the Southeast Line of the San Jacinto River
Authority 87.22 acre tract;
THENCE North 62 degrees 08 minutes 50 seconds East 1669.22
feet along the South line of 87.22 acre tract to the East Corner of
same, a 3/4 inch iron pipe for corner from which a 36 inch Pin Oak
bears North 86 degrees West 19.5 feet;
THENCE South 73 degrees 24 minutes 40 seconds East 1665.34
feet along the South line of the M. E. Paddock 226 acres and the
South line of the M. L. Duke 27 acres to an axle for the Southeast
Corder of the Duke track;
THENCE North 16 degrees 09 minutes East 2027.2 feet along
Duke a East line to an axle for corner;
THENCE North 82 degrees 23 minutes 15 seconds East 1716.09
feet along the South line of the Calfee 22.8 acre tract to a stake
for the Southeast Corner of same. an old axle bears South 82 degrees
25 minutes West 1.5 feet;
THENCE South 13 degrees 23 minutes West 778.43 feet along the
West line of the Al Goode 88.356 acre tract to a 10 inch creosote
post for the Southwest Corner of same. a 10 inch Hickory bears North
05 degrees East 22.0 feet and a 6 inch Red Oak bears South 65 degrees
West 14.0 feet.
THENCE South 76 degrees 32 minutes 45 seconds East 2033.39
feet along Goode's South Line to a 3/4 inch iron pipe for the
Northwest Corner of the Spiller 59.195 acre tract.
THENCE South 13 degrees 27 minutes 15 seconds West 1094.77
feet to a 3/4 inch iron pipe for the Southwest Corder of the Spiller
59 195 acre tract.
THENCE South 76 degrees 32 minutes 45 seconds East 1601.26
feet to a 3/4 inch iron pipe for the most Southerly corner of the
Spiller 59.195 acre tract;
THENCE North 61 degrees 32 minutes 50 seconds East at 1370.97
feet pass a 2 inch iron pipe in the West side of a blacktop road and
continue in all 1395.57 feet to a point in center of said blacktop
road for the Southeast corner of Spiller 59.195 acre tract;
THENCE South 27 degrees 21 minutes 50 seconds East 950.52
feet along center of said blacktop road to the place of BEGINNING,
and containing 410.539 acres of land.
Less and Except
Pine Valley Drive, a subdivision of 14.684 acres of land in the
James Edwards Survey A-190, Montgomery County, Texas as per the
dedication plat dated February 28, 2017, Document #2017016271,
Cabinet 00Z, Sheet 4409.
Less and Except
20.000 ACRES
871,200 SQUARE FEET
JAMES EDWARDS SURVEY
ABSTRACT NO. 190
MONTGOMERY COUNTY, TEXAS
FIELD NOTE DESCRIPTION of a 20.000 acre (871,200 square foot)
tract of land located in the James Edwards Survey, Abstract Number
190, Montgomery County, Texas and said 20.000 acre tract of land
being out of and a part of the southerly remainder of Conroe Tract
One, a called 47.932 acre tract and the remainder of Conroe Tract
Four, a called 410.539 acre tract described in the deed to Conroe
Venture, Ltd., recorded under Montgomery County Clerk's File Number
(M.C.C.F. No.) 9149317, said 20.000 acre tract being more
particularly described by metes and bounds as follows: (The
bearings described herein are oriented to the Texas Coordinate
System, South Central Zone, NAD 1983.)
COMMENCING at the easterly end of a curved cut-back for the
southwest corner of the intersection of the southwesterly
Right-of-Way (R.O.W.) line of Longmire Road (based on a variable
width) recorded under Volume (Vol.) 665, Page (Pg.) 538 of the
Montgomery County Deed Records (M.C.D.R.), Cabinet "N", Sheet 65 of
the Montgomery County Plat Records (M.C.P.R.) and M.C.C.F. Nos.
2002-051191, 2009-013167, 2012-011629, 2012-0116630 and
2012-011632 and the southerly R.O.W. line of Pine Valley Drive
(based on a variable width) recorded under File No. 2017016271
M.C.P.R., from which a 5/8-inch iron rod with cap stamped "Jeff Moon
RPLS 4639" found bears, South 80 degrees 52 minutes West, 1.31 feet;
THENCE, in a northwesterly direction, along a curve to the
left, along said curved cut-back, having a radius of 25.00 feet, a
central angle of 91 degrees 06 minutes 39 seconds (chord bears,
North 75 degrees 11 minutes 42 seconds West, 35.70 feet) and an arc
distance of 39.75 feet, to the westerly end of said curved cut-back;
THENCE, South 59 degrees 14 minutes 58 seconds West,
departing the southwesterly R.O.W. line of aforesaid Longmire Road
and along the southerly R.O.W. line of aforesaid Pine Valley Drive,
a distance of 289.13 feet, to the beginning of a tangent curve to
the right in said southerly R.O.W. line of said Pine Valley Drive;
THENCE, in a southwesterly direction, along a curve said the
right, continuing along the southerly R.O.W. line of said Pine
Valley Drive, having a radius of 1,254.00 feet, a central angle of
10 degrees 02 minutes 54 seconds (chord bears, South 64 degrees 16
minutes 25 seconds West, 219.64 feet) and an arc distance of 219.92
feet, to a 5/8-inch iron rod with orange plastic cap stamped "West
Belt Surveying Inc" set marking the POINT OF BEGINNING and the
northeast corner of the herein described tract;
THENCE, South 18 degrees 32 minutes 04 seconds East,
departing the southerly R.O.W. line of said Pine Valley Drive and
over and across aforesaid remainder of a called 410.539 acre tract,
a distance of 620.93 feet, to a 1/2-inch iron rod found in the
southerly line of said remainder of a called 410.539 acre tract and
marking the northwest corner of Conroe Tract Three, a called 7.5
acre tract described in the deed to Conroe Venture, Ltd., recorded
under M.C.C.F. No. 9149317, and the northeast corner of the called
3.979 acre tract described in the deed to Charles P. Peters, III and
wife, Judith S. Peters, recorded under M.C.C.F. No. 9143598 and the
southeast corner of the herein described tract;
THENCE, South 71 degrees 30 minutes 55 seconds West, along
the southerly line of said remainder of a called 410.539 acre tract,
a distance of 1,225.27 feet, to a 5/8-inch iron rod with orange
plastic cap stamped "West Belt Surveying Inc" set in the northerly
line of the called 7.4806 acre tract described in the deed to
William Lewis Pattillo, II1 and wife, Theresa Marcelle Pattillo
recorded under M.C.C.F. No. 2005-137433 common with the northerly
line of said remainder of a called 410.539 acre tract and marking
the southwest corner of the herein described tract;
THENCE, North 18 degrees 29 minutes 05 seconds West,
departing said common line and over and across said remainder of a
called 410.539 acre tract, a distance of 504.76 feet, to a 5/8-inch
iron rod with orange plastic cap stamped "West Belt Surveying Inc"
set marking an angle in the westerly line of the herein described
tract;
THENCE, North 22 degrees 10 minutes 43 seconds East,
continuing over and across said remainder of a called 410.539 acre
tract and over and across aforesaid southerly remainder of a called
47.932 acre tract, a distance of 551.06 feet, to a 5/8-inch iron rod
with orange plastic cap stamped "West Belt Surveying Inc" set in the
southerly R.O.W. line of aforesaid Pine Valley Drive and marking an
the beginning of a non-tangent curve to the left and the northwest
corner of the herein described tract;
THENCE, in an easterly direction, along said curve to the
left, having a radius of 1,254.00 feet, a central angle of 42
degrees 52 minutes 51 seconds (chord bears, South 89 degrees 15
minutes 42 seconds East, 916.76 feet) and an arc distance of 938.51
feet, to the POINT OF BEGINNING and containing a computed area of
20.000 acres (871,200 square feet) of land as depicted on the Land
Title Survey dated: August 2, 2019, prepared by West Belt
Surveying, Inc., Project No. S945-0004A.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7939A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7939A.0307 to read as
follows:
Sec. 7939A.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4652 was passed by the House on May
14, 2021, by the following vote: Yeas 106, Nays 39, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4652 on May 28, 2021, by the following vote: Yeas 87, Nays 53,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4652 was passed by the Senate, with
amendments, on May 27, 2021, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor