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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the 3 B&J Municipal Utility District; |
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providing authority to impose a tax and issue bonds; granting the |
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power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8221 to read as follows: |
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CHAPTER 8221. 3 B&J MUNICIPAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8221.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the 3 B&J Municipal Utility |
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District. |
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Sec. 8221.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under and essential to |
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accomplish the purposes of Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 8221.003. CONFIRMATION ELECTION REQUIRED. (a) The |
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board shall hold an election to confirm the creation of the district |
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as provided by Section 49.102, Water Code. |
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(b) If the creation of the district is not confirmed at a |
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confirmation election before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Williamson County any assets that |
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remain after the payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 8221.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All |
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land and other property in the district will benefit from the |
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improvements and services to be provided by the district. |
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Sec. 8221.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for a purpose for |
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which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose an assessment or tax; or |
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(4) legality or operation. |
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[Sections 8221.006-8221.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8221.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 8221.052. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) Duane McGlauflin; |
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(2) Bryan Teich; |
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(3) Joe Owen; |
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(4) Harold Schneider; and |
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(5) Kerry Wiggins. |
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(b) Unless the initial board agrees otherwise, the initial |
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directors shall draw lots to determine which two shall serve until |
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the first regularly scheduled election of directors and which three |
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shall serve until the second regularly scheduled election of |
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directors. |
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(c) This section expires September 1, 2014. |
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[Sections 8221.053-8221.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8221.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8221.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8221.103. REGIONAL WASTE DISPOSAL POWERS AND DUTIES. |
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The district has the powers and duties applicable to a district |
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under Chapter 30, Water Code. |
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Sec. 8221.104. COMPLIANCE WITH MUNICIPAL CONSENT |
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RESOLUTION. The district shall comply with all applicable |
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requirements of any resolution, adopted by the governing body of a |
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municipality under Section 54.016, Water Code, that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8221.105. WASTEWATER TREATMENT FACILITY DESIGN |
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APPROVAL. The district must obtain the approval of the Brazos River |
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Authority for the design of any district wastewater treatment |
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facility. |
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Sec. 8221.106. WASTEWATER SERVICE PROVIDERS. Only the |
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Brazos River Authority or a provider approved by the Brazos River |
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Authority may provide wastewater service in the district. |
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Sec. 8221.107. COMPLIANCE WITH FEBRUARY 2005 AGREEMENT. |
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The district shall comply with the terms of the "Agreement |
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Regarding Sewer Services Areas and Customers" among the Lower |
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Colorado River Authority, the Brazos River Authority, the City of |
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Georgetown, the City of Liberty Hill, and the Chisholm Trail |
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Special Utility District dated February 1, 2005. |
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Sec. 8221.108. STREET REPAIR AND MAINTENANCE. (a) After |
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July 1, 2017, the district, at the district's expense, shall repair |
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and maintain any streets in the district. |
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(b) A district's repair and maintenance of streets under |
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this section must meet all applicable construction standards and |
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regulations of the City of Georgetown and Williamson County. |
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[Sections 8221.109-8221.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8221.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by revenue or contract payments from a source |
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other than ad valorem taxation. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) An ad valorem tax rate imposed by the district may not |
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exceed the rate approved at the election. |
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Sec. 8221.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8221.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district as provided by Chapter 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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[Sections 8221.153-8221.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8221.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, grants, or other district money, or any combination of |
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those sources, to pay for any authorized district purpose. |
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Sec. 8221.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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the time bonds or other obligations payable wholly or partly from ad |
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valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, at a rate not to exceed the rate approved at an |
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election held under Section 8221.151, for each year that all or part |
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of the bonds are outstanding; and |
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(2) the district annually shall impose an ad valorem |
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tax on all taxable property in the district in an amount sufficient |
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to: |
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(A) pay the interest on the bonds or other |
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obligations as the interest becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds or other obligations when due or the |
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redemption price at any earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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SECTION 2. The 3 B&J Municipal Utility District initially |
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includes all the territory contained in the following area: |
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TRACT 1 |
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DESCRIPTION OF 545.85 ACRES OUT OF THE C.H. DELANEY SURVEY, |
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ABSTRACT NO 181, THE LEWIS P. DYCHES SURVEY, ABSTRACT NO. 171, THE |
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ROBERT BAKER SURVEY, ABSTRACT NO. 824, THE DELORES CASANOVA SURVEY, |
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ABSTRACT NO. 128, THE H.J. HAYHERST SURVEY, ABSTRACT NO. 305, AND |
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THE JAMES NORTHCROSS SURVEY, ABSTRACT NO. 478 IN WILLIAMSON COUNTY, |
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TEXAS, BEING ALL THAT CERTAIN FIRST TRACT DESCRIBED AS 18.2 ACRES, |
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SECOND TRACT DESCRIBED AS 113. 91 ACRES, THIRD TRACT DESCRIBED AS |
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169.16 ACRES, FOURTH TRACT DESCRIBED AS 79.24 ACRES, FIFTH TRACT |
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DESCRIBED AS 134.95 ACRES, AND SIXTH TRACT DESCRIBED AS 3.48 ACRES |
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IN AN INSTRUMENT TO W.H. CARDWELL RECORDED IN VOLUME 495, PAGE 84 OF |
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THE DEED RECORDS OF SAID COUNTY, BEING ALL THAT CERTAIN 20.31 ACRE |
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TRACT OF LAND DESCRIBED IN AN INSTRUMENT TO W.H. CARDWELL RECORDED |
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IN VOLUME 495, PAGE 87 OF SAID DEED RECORDS, BEING A PORTION OF THAT |
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CERTAIN 451.6 ACRE TRACT OF LAND DESCRIBED IN AN INTRUMENT TO W.H. |
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CARDWELL RECORDED IN VOLUME 529, PAGE 342 OF SAID DEED RECORDS, AND |
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BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING at an iron rod found in the southwesterly right-of-way |
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line of Williamson County Road No. 248 at the east corner of said |
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20.31 acre tract of land for an east corner and PLACE OF BEGINNING |
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hereof; |
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THENCE, with the south line of said 20.31 acre tract of land and the |
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south line of said Fifth Tract, same being the north line of said |
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451.6 acre tract of land. South 70 degrees 50 minutes 00 seconds |
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West for a distance of 3,065.57 feet to a cotton gin spindle set in |
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the east line of said Third Tract at the southwest corner of said |
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Fifth Tract, same being the northwest corner of said 451.6 acre |
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tract of land for an interior corner hereof; |
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THENCE, with the east line of said Third Tract, in part, and the |
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east lines of said Second and First Tracts, same being the west line |
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of said 451.6 acre tract of land, the following courses: |
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1. South 18 degrees 57 minutes 38 seconds East for a |
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distance of 2,128.41 feet to an iron rod set at an angle point; |
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2. South 68 degrees 46 minutes 17 seconds West for a |
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distance of 15.90 feet to an iron rod set at an angle point; |
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3. South 18 degrees 37 minutes 31 seconds East for a |
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distance of 1,217.94 feet to cedar fence post at an angle point; |
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4. South 25 degrees 14 minutes 24 seconds East for a |
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distance of 239.36 feet to an iron rod set at a 12" Elm and a 14" |
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Live Oak for an angle point; |
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5. South 18 degrees 43 minutes 28 seconds East for a |
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distance of 1,502.44 feet to an iron rod set in the east line of said |
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First Tract, same being a westerly line of said 451.6 acre tract of |
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land for an interior corner hereof, from which an iron rod found at |
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an angle point in the north line of a 272.07 acre tract of land |
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described in an instrument to J. Nolan Harvey, and wife Louise |
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Harvey, same being the southeast corner of said First Tract, same |
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being the southwest corner of said 451.6 acre tract of land bears |
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south 18 degrees 43 minutes 28 seconds east, a distance of 100.32 |
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feet; |
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THENCE, departing said common line, through the interior of said |
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451.6 acre tract of land, with a line 100.00 feet northerly of and |
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parallel with the north line of said 272.07 acre tract of land, same |
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being the south line of said 451.6 acre tract, the following |
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courses: |
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1. North 66 degrees 42 minutes 38 seconds East for a |
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distance of 1,112.14 feet to an iron rod set for an angle point |
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hereof; |
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2. North 65 degrees 13 minutes 46 seconds East for a |
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distance of 2,227.44 feet to an iron rod set for an angle point |
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hereof; |
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3. North 71 degrees 13 minutes 45 seconds East for a |
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distance of 105.24 feet to an iron rod set for a corner hereof; |
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THENCE, South 18 degrees 46 minutes 15 seconds East for a distance |
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of 100.00 feet to an iron rod set in the north right-of-way line of |
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Williamson County Road No. 247, as used on the ground, same being |
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the south line of said 451.6 acre tract of land, for the easternmost |
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corner hereof, from which an iron rod set at the southeast corner of |
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said 451.6 acre tract of land bears North 71 degrees 13 minutes 45 |
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seconds East, a distance of 1,293.93 feet; |
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THENCE, with the north right-of-way line of said County Road, same |
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being the south line of said 451.6 acre tract of land, South 71 |
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degrees 13 minutes 45 seconds West for a distance of 100.00 feet to |
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an iron rod set at a point described as the point of abandonment of |
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said County Road in said Volume 529, Page 342 for an angle point |
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hereof; |
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THENCE, continuing with the south line of said 451.6 acre tract of |
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land, same being the north line of said 272.07 acre tract of land, |
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the following courses: |
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1. South 65 degrees 13 minutes 46 seconds West for a |
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distance of 2,223.49 feet to an iron rod found for an angle point: |
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2. South 66 degrees 42 minutes 38 seconds West for a |
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distance of 1,121.42 feet to an iron rod found at an angle point in |
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the north line of said 272.07 acre tract of land, same being the |
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southwest corner of said 451.6 acre tract of land, same being the |
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southeast corner of said First Tract for an angle point hereof: |
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THENCE, continuing with the north line of said 272.07 acre tract of |
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land, same being the south line of said First Tract, South 77 |
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degrees 03 minutes 37 seconds West for a distance of 2,567.68 feet |
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to an iron rod set for the southwest corner of said First Tract, for |
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the southwest corner hereof; |
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THENCE, with the west lines of said First Tract, Second Tract, Third |
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Tract, and Fourth Tract, same being the southern most west line |
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hereof, the following courses: |
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1. North 17 degrees 17 minutes 19 seconds West for a |
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distance of 1,213.15 feet to an iron rod set for an angle point in |
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the west line of said Second Tract (an iron pipe called to be said |
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angle point in the description of said Second Tract found laying on |
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the ground at this point) for an angle point hereof; |
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2. North 8 degrees 58 minutes 00 seconds West for a distance |
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of 1,344.62 feet to an iron rod set for an angle point in the west |
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line of said Third Tract for an angle point hereof; |
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3. North 18 degrees 46 minutes 28 seconds West for a |
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distance of 1,893.17 feet to an iron rod found at an angle point in |
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the west line of said Third Tract, same being the most easterly |
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northeast corner of a 325.51 acre tract of land described in an |
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instrument recorded in Volume 1996, Page 565 of the Official |
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Records of said County for an angle point hereof; |
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4. North 17 degrees 44 minutes 17 seconds West for a |
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distance of 2,427.60 feet to a P.K. nail set at a fence corner at the |
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northwest corner of said Fourth Tract for the most westerly |
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northwest corner hereof; |
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THENCE, with the north line of said Fourth Tract, the following |
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courses: |
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1. North 65 degrees 13 minutes 12 seconds East for a |
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distance of 800.97 feet to an iron rod set for an angle point; |
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2. North 72 degrees 36 minutes 12 seconds East for a |
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distance of 1,447.25 feet to an iron rod set in the west line of said |
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Fifth Tract, same being the northeast corner of said Fourth Tract |
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for an interior corner hereof; |
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THENCE, with the west line of said Fifth Tract, North 18 degrees 43 |
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minutes 15 seconds West for a distance of 1,682.71 feet to an iron |
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rod found at the southwest corner of a 100 acre tract of land |
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described in an instrument to Theofil L. Zurovetz and wife Rose |
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Marie Zurovetz recorded in Volume 503, Page 481 of said Deed |
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Records, same being the northwest corner of said Fifth Tract for the |
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most northerly northwest corner hereof; |
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THENCE, with the south line of said 100 acre tract of land, same |
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being the north line of said Fifth Tract, the following courses: |
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1. North 71 degrees 32 minutes 43 seconds East for a |
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distance of 677.86 feet to an iron rod found; |
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2. North 71 degrees 32 minutes 01 seconds East for a |
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distance of 860.90 feet to an iron rod set in the west line of said |
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County Road No. 248 at the northeast corner of said Fifth Tract for |
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the northeast corner hereof; |
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THENCE, with the west line of said County Road No. 248 and the east |
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line of said Fifth Tract, the following courses: |
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1. South 27 degrees 58 minutes 53 seconds East for a |
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distance of 359.95 feet to an iron rod set for an angle point; |
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2. South 19 degrees 18 minutes 53 seconds East for a |
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distance of 1,284.81 feet to an iron rod set for an angle point; |
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3. South 20 degrees 58 minutes 53 seconds East for a |
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distance of 339.95 feet to a 30" Live Oak found at the north corner |
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of said Sixth Tract for an angle point hereof; |
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THENCE, continuing with the west line of said County Road 248, same |
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being the east lines of said Sixth Tract, and said 20.31 acre tract |
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of land, the following courses: |
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1. South 42 degrees 18 minutes 42 seconds East for a |
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distance of 570.08 feet to an iron rod set for an angle point; |
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2. South 66 degrees 41 minutes 25 seconds East, at 324.00 |
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feet pass an iron rod found at the southeast corner of said Sixth |
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Tract, same being the northeast corner of said 20.31 acre tract of |
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land, and continue on for a total distance of 1,223.85 feet to an |
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iron rod set for an angle point; |
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3. South 62 degrees 41 minutes 25 seconds East for a |
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distance of 431.93 feet to the PLACE OF BEGINNING and containing |
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545.85 acres of land, more or less. |
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BEARING BASIS: Bearings recited herein are based on the record |
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bearing of the north line of the herein described 451.6 acre tract |
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of land. |
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SECTION 3. (a) The legal notice of the intention to |
|
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introduce this Act, setting forth the general substance of this |
|
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Act, has been published as provided by law, and the notice and a |
|
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copy of this Act have been furnished to all persons, agencies, |
|
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officials, or entities to which they are required to be furnished |
|
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
|
Government Code. |
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(b) The governor, one of the required recipients, has |
|
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submitted the notice and Act to the Texas Commission on |
|
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Environmental Quality. |
|
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(c) The Texas Commission on Environmental Quality has filed |
|
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its recommendations relating to this Act with the governor, the |
|
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
|
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state and the rules and procedures of the legislature with respect |
|
|
to the notice, introduction, and passage of this Act are fulfilled |
|
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and accomplished. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |
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* * * * * |