84R22454 TSR-F

By: Farney H.B. No. 4204

A BILL TO BE ENTITLED

relating to the creation of the Williamson County Municipal Utility District No. 33; 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 7959 to read as follows:

CHAPTER 7959. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 33

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 7959.001. 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 Williamson County Municipal Utility District No. 33.

Sec. 7959.002. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 7959.003. CONFIRMATION AND DIRECTORS' 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. 7959.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 7959.003 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. 7959.005. 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. 7959.006. 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. 7959.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 7959.052, directors serve staggered four-year terms.

Sec. 7959.052. TEMPORARY DIRECTORS. (a) On or after the effective date of the Act enacting this chapter, 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 7959.003; or

(2) the fourth anniversary of the effective date of the Act enacting this chapter.

(c) If permanent directors have not been elected under Section 7959.003 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 7959.003; 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. 7959.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 7959.102. 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. 7959.103. 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. 7959.104. 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.

(d) After September 1, 2025, the district, at the district's expense, shall repair and maintain any streets in the district.

(e) A district's repair and maintenance of streets under this section must meet all applicable construction standards and regulations of Williamson County.

Sec. 7959.105. 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.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 7959.151. 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 7959.153.

(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. 7959.152. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 7959.151, 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. 7959.153. 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. 7959.201. 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. 7959.202. 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. 7959.203. 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 Williamson County Municipal Utility District No. 33 initially includes all the territory contained in the following area:

TRACT 1:

BEING 103.78 ACRES OF LAND OUT OF THE HENRY GARMES SURVEY, ABSTRACT NO. 269, IN WILLIAMSON COUNTY, TEXAS, AND BEING COMPRISED OF TWO TRACTS: TRACT ONE BEING ALL OF A 25.32 ACRE TRACT, AND TRACT TWO BEING A PORTION OF A 217.19 ACRE TRACT, BOTH CONVEYED TO LANCE ERIC CAUGHFIELD, TRUSTEE OF THE CAUGHFIELD FAMILY TRUST BY CORRECTION GENERAL WARRANTY DEED OF RECORD IN DOC. NO. 2013046424 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, THEREIN DESIGNATED AS "TRACT 3B, AND "TRACT 6" RESPECTIVELY, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a 1/2" rebar found for an angle point in the easterly line of said 217.19 acre tract, being the southwest corner of a 5.00 acre tract of land conveyed to Victor E. Landig, Jr. and Cathy Jayne Landig by instrument of record in Doc. No. 2006029147 of the Official Public. Records of Williamson County, from which a 1/2" rebar found for the northwest corner of said 5.00 acre tract and the southwest corner of a remainder of a 76.97 tract of land conveyed to Alice Catherine Alexander by deed of record in Volume 611, Page 699 of the Deed Records of Williamson County, Texas, bears North 22°03'28" West a distance of 560.54 feet (record - North 22°03'22" West a distance of 560.34 feet); [Point of Beginning Coordinates: Northing=10,199,823.40; Easting=3,079,831.80];

THENCE North 68°33'37" East (record - North 68°33'32" East), along the easterly line of the 217.19 acre tract and the south line of the 5.00 acre tract, a distance of 438.82 feet (record - 438.82 feet) to a 1/2" rebar set with plastic cap which reads "Baseline Inc" for the southeast corner of the 5.00 acre tract and the southwest corner of a 5.865 acre tract of land conveyed to April D. Goldston by instrument of record in Doc. No. 2010062124 of the Official Public. Records of Williamson County;

THENCE along the easterly line of the 217.19 acre tract and the south line of said 5.865 acre tract, the following two (2) courses:

1. North 68°35'59" East a distance of 263.12 feet (record - North 68°35'54" East a distance of 463.32 feet) to a 1/2" rebar found;

2. North 68°42'39" East a distance of 623.44 feet (record - North 68°41'15" East a distance of 623.24 feet) to a 1/2" rebar found for the southeast corner of the 5.865 acre tract, being an angle point in the easterly line of the 217.19 acre tract, and being in the west right-of-way line of County Road 267

(R.O.W. varies);

THENCE along the easterly line of the 217.19 acre tract and the west right-of-way line of said County Road 267, the following six (6) courses:

1. South 16°04'02" West a distance of 826.82 feet (record - South 16°03'22" West a distance of 826.66 feet) to a 1/2" rebar found;

2. South 17°35'30" West a distance of 373.19 feet (record - South 17°34'53" West a distance of 373.41 feet) to a 1/2" rebar found;

3. South 17°40'03" West a distance of 516.92 feet (record - South 17°40'17" West a distance of 516.79 feet) to a 1/2" rebar found;

4. South 17°45'01" West a distance of 365.35 feet (record - South 17°44'20" West a distance of 365.35 feet) to a 1/2" rebar found;

5. South 16°35'03" West a distance of 191.68 feet (record - South 16°33'50" West a distance of 191.67 feet) to an iron pipe found;

6. South 14°36'17" West a distance of 170.36 feet (record - South 14°37'23" West a distance of 170.49 feet) to a 1/2" rebar found for the southeast corner of the 217.19 acre tract, the northeast corner of said 25.32 acre tract, and also being the northeast corner of a 10.00 acre tract of land conveyed to A.S. Event Center by instrument of record in Doc. No. 2003090619 of the Official Public. Records of Williamson County;

THENCE along the easterly line of the 25.32 acre tract and the north, west and south lines of said 10.00 acre tract, the following three (3) courses:

1. South 66°27'07" West a distance of 852.12 feet (record - South 66°28'39" West a distance of 852.23 feet) to a 1/2" rebar found for the northwest corner of the 10.00 acre tract;

2. South 05°44'14" West a distance of 604.88 feet (record - South 05°43'19" West a distance of 605.96 feet) to a 1/2" rebar found for the southwest corner of the 10.00 acre tract;

3. North 87°19'10" East a distance of 465.08 feet (record - North 87°18'08" East a distance of 465.08 feet) to a 1/2" rebar found for the southeast corner of the 10.00 acre tract in the west right-of-way line of County Road 267;

THENCE South 17°31'00" West (record - South 17°28'56" West), along the easterly line of the 25.32 acre tract and the west right-of-way line of County Road 267, a distance of 335.09 feet (record - 335.09 feet) to a 60d nail found in a fence post for the southeast corner of the 25.32 acre tract, and being the point of intersection of the west right-of-way line of County Road 267 and the northerly right-of-way line of County Road 266 (R.O.W. varies);

THENCE along the southerly line of the 25.32 acre tract and the northerly right-of-way line of said County Road 266, the following seven (7) courses:

1. South 51°44'53" West a distance of 55.21 feet (record - South 51°46'03" West a distance of 55.18 feet) to a 60d nail found in the base of a tree;

2. South 80°09'00" West a distance of 44.98 feet (record - South 79°58'15" West a distance of 44.18 feet) to a 60d nail found in the base of a tree;

3. North 82°18'12" West a distance of 179.19 feet (record - North 82°22'43" West a distance of 179.96 feet) to a 1/2" rebar found;

4. North 82°07'47" West a distance of 341.84 feet (record - North 82°06'23" West a distance of 341.86 feet) to a 1/2" rebar found;

5. North 76°20'42" West a distance of 83.65 feet (record - North 73°27'42" West a distance of 83.69 feet) to a 60d nail found in the base of a tree;

6. North 74°46'28" West a distance of 70.00 feet (record - North 74°47'12" West a distance of 69.92 feet) to a 1/2" rebar found;

7. North 73°56'43" West a distance of 113.46 feet (record - North 74°00'03" West a distance of 113.52 feet) to a 1/2" rebar found for the southwest corner of the 25.32 acre tract;

THENCE along the westerly line of the 25.32 acre tract and the easterly right-of-way line of County Road 266, the following seven (7) courses:

1. North 24°25'57" West a distance of 93.03 feet (record - North 24°30'30" West a distance of 92.81 feet) to a 60d nail found in the base of a tree;

2. North 17°11'25" West a distance of 443.82 feet (record - North 17°10'08" West a distance of 444.10 feet) to a 1/2" rebar found;

3. North 14°23'15" West a distance of 103.26 feet (record - North 14°20'12" West a distance of 103.28 feet) to a 1/2" rebar found;

4. North 08°37'57" West a distance of 75.27 feet (record - North 08°31'48" west a distance of 75.28 feet) to a 60d nail found in the base of a tree;

5. North 08°13'20" West a distance of 152.73 feet (record - North 08°20'03" West a distance of 152.64 feet) to a 1/2" rebar found;

6. North 03°21'57" East a distance of 152.83 feet (record - North 03°21'04" East a distance of 152.82 feet) to a 60d nail found in the base of a tree;

7. North 03°09'03" East a distance of 177.62 feet (record - North 03°08'01" East a distance of 177.62 feet) to a 1/2" rebar found for the northwest corner of the 25.32 acre tract and the southwest corner of the 217.19 acre tract;

THENCE along the westerly line of the 217.19 acre tract and the easterly right-of-way line of County Road 266, the following thirty thirteen (13) courses:

1. North 03°09'58" East a distance of 127.35 feet (record - North 03°12'45" East a distance of 127.22 feet) to a 60d nail found;

2. North 00°48'25" East a distance of 132.62 feet (record - North 00°48'27" East a distance of 132.67 feet) to a 1/2" rebar found;

3. North 70°13'23" West a distance of 14.05 feet (record - North 70°23'56" West a distance of 14.03 feet) to a 1/2" rebar found;

4. North 03°28'12" East a distance of 45.34 feet (record - North 03°26'17" East a distance of 45.34 feet) to a 1/2" rebar found;

5. North 03°58'46° East a distance of 154.32 feet (record - North 03°58'14" East a distance of 154.28 feet) to a 1/2" rebar found;

6. North 04°18'06" East a distance of 59.61 feet (record - North 04°18'41" East a distance of 59.67 feet) to a 1/2" rebar found;

7. North 09°03'35" East a distance of 325.14 feet (record - North 09°02'50" East a distance of 325.07 feet) to a 1/2" rebar found;

8. North 09°04'57" East a distance of 84.09 feet (record - North 09°05'17" East a distance of 84.06 feet) to a 1/2" rebar found;

9. North 00°25'19' East a distance of 51.00 feet (record - North 00°16'21" East a distance of 51.03 feet) to a 1/2" rebar found;

10. North 03°12'51" West a distance of 41.32 feet (record - North 02°55'40" West a distance of 41.25 feet) to a 60d nail found;

11. North 08°52'38" West a distance of 59.36 feet (record - North 08°59'25" West a distance of 59.42 feet) to a 1/2" rebar found;

12. North 21°53'31" West a distance of 108.62 feet (record - North 21°49'14" West a distance of 108.75 feet) to a 1/2" rebar found;

13. North 29°55'12" West (record - North 29°51'30" West) a distance of 243.38 feet to a calculated point, from which a 1/2" rebar found for an angle point in the westerly line of the 217.19 acre tract and the easterly right-of-way line of County Road 266, bears North 29°55'12" West (record - North 29°51'30" West) a distance of 20.03 feet;

THENCE crossing through the 217.19 acre tract the following two (2) courses:

1. North 67°04'21" East a distance of 357.92 feet to a calculated point;

2. North 68°51'37" East a distance of 844.71 feet to the POINT OF BEGINNING, and containing 103.78 acres of land, more or less, out of the Henry Garmes Survey, Abstract no. 269, in Williamson County, Texas.

TRACT 2:

BEING 80.17 ACRES OF LAND OUT OF THE HENRY GARMES SURVEY, ABSTRACT NO. 269, IN WILLIAMSON COUNTY, TEXAS, AND BEING COMPRISED OF TWO TRACTS: TRACT ONE BEING A PORTION OF AN 86.67 ACRE TRACT, AND TRACT TWO BEING ALL OF A 61.35 ACRE TRACT, BOTH CONVEYED TO LANCE ERIC CAUGHFIELD, TRUSTEE OF THE CAUGHFIELD FAMILY TRUST BY CORRECTION GENERAL WARRANTY DEED OF RECORD IN DOC. NO. 2013046424 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, THEREIN DESIGNATED AS "TRACT 2" AND "TRACT 3A' RESPECTIVELY, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a 60d nail found in the base of a tree in the easterly line of said 61.35 acre tract and the westerly right-of-way line of County Road 266 (R.O.W. varies) [Point of Beginning Coordinates: Northing=10,196,888.73; Easting= 3,078,918.32];

THENCE South 29°51'22" West (record - South 29°53'52" West), along the easterly line of the 61.35 acre tract and the westerly right-of-way line of said County Road 266, passing at a distance of 84.99 feet (record - 84.97 feet) a 1/2" rebar found, and continuing for a total distance of 200.88 feet (record - 200.88 feet) to a calculated point in the approximate centerline of the South San Gabriel River, for the southeast corner of the 61.35 acre tract, and being in the north line of Lot 47, South San Gabriel Ranches, a subdivision of record in Volume B, Pages 86-87 of the Plat Records of Williamson County, Texas;

THENCE along the southwesterly line of the 61.35 acre tract, the northerly line of said South San Gabriel Ranches, and along the approximate centerline of said South San Gabriel River the following two (2) courses:

1. North 61°18'12" West a distance of 210.89 (record - North 61°17'50" West a distance of 210.89) to a calculated point;

2. North 60°47'01" West a distance of 184.01 (record - North 60°46'39" West a distance of 184.01) to a calculated point in the north line of Lot 1, South San Gabriel Ranches;

THENCE North 58°57'38" West (record - North 58°58'11" West), along the southwesterly line of the 61.35 acre tract, the northerly line of South San Gabriel Ranches, along the northerly line of High Gabriel East, Section 1, a subdivision of record in Volume B, Pages 254-255 of the Plat Records of Williamson County, Texas, and also along the approximate centerline of the South San Gabriel River a distance of 1141.31 (record - 1141.01 feet) to a calculated point in the north line of Lot 9, of said High Gabriel East, Section 1;

THENCE North 53°23'04" West (record - North 53°22'42" West), along the southwesterly line of the 61.35 acre tract, the north line of High Gabriel East, Section 1, along the northerly line of High Gabriel East, Section 2, a subdivision of record in Volume B, Pages 296-298 of the Plat Records of Williamson County, Texas, and also along the approximate centerline of the South San Gabriel River a distance of 520.13 (record - 520.13 feet) to a calculated point in the north line of Lot 1, of said High Gabriel East, Section 2;

THENCE North 60°21'43" West (record - North 60°21'21" West), along the southwesterly line of the 61.35 acre tract, the westerly line of the 86.67 acre tract, the northerly line of High Gabriel East, Section 2, and along the approximate centerline of the South San Gabriel River, a distance of 991.15 feet (record - 991.15 feet) to a calculated point in the north line of Lot 6, of said High Gabriel East, Section 2;

THENCE North 73°06'31" West (record - North 73°06'09" West), along the westerly line of the 86.67 acre tract, the northerly line of High Gabriel East, Section 2, and along the approximate centerline of the South San Gabriel River, a distance of 169.18 feet (record - 169.18 feet) to a calculated point for the southeast corner of a 6.669 acre tract of land conveyed to Emogene M. Champion by instrument of record in Doc. No. 2008083903 of the Official Public Records of Williamson County, Texas, and being in the northerly line of Lot 7, of High Gabriel East, Section 2;

THENCE crossing through the 86.67 acre tract the following three (3) courses:

1. North 86°26'35" East a distance of 317.04 feet to a calculated point;

2. North 66°30'58" East a distance of 2337.55 feet to a calculated point;

3. North 67°04'21" East a distance of 269.04 feet to a calculated point in the east line of the 86.67 acre tract and the westerly right-of-way line of County Road 266, from which a 60d nail found in the base of a tree for an angle point in the east line of the 86.67 acre tract and the westerly right-of-way line of County Road 266, bears North 32°09'56" West (record - North 32°04'55" West) a distance of 125.54 feet;

THENCE along the east line of the 86.67 acre tract and the westerly right-of-way line of County Road 266, the following four (4) courses:

1. South 32°09'56" East (record - South 32°04'55" East) a distance of 172.79 feet to a 1/2" rebar found;

2. South 24°39'36" East a distance of 130.90 feet (record - South 24°40'25" East a distance of 130.83 feet) to a 60d nail found in the base of a tree;

3. South 18°45'47" East a distance of 48.38 feet (record - South 18°51'04" East a distance of 48.40 feet) to a 60d nail found in the base of a tree;

4. South 12°11'02" East a distance of 25.73 feet (record - South 12°06'15" East a distance of 25.85 feet) to a 1/2" rebar found for the southeast corner of the 86.67 acre tract and the northeast corner of said 61.35 acre tract;

THENCE along the easterly line of the 61.35 acre tract and the westerly right-of-way line of County Road 266 the following thirteen (13) courses:

1. South 12°10'36" East a distance of 37.58 feet (record - South 12°06'15" East a distance of 37.46 feet) to a 60d nail found in the base of a tree;

2. South 04°05'37" East a distance of 39.38 feet (record - South 04°03'42" East a distance of 39.37 feet) to a 60d nail found in the base of a tree;

3. South 08°51'22" West a distance of 377.06 feet (record - South 08°50'15" West a distance of 376.99 feet) to a 60d nail found in the base of a tree;

4. South 67°58'02" West a distance of 11.20 feet (record - South 67°40'51" West a distance of 11.11 feet) to a 60d nail found in the base of a tree;

5. South 02°40'01" West a distance of 280.55 feet (record - South 02°42'46" West a distance of 280.54 feet) to a 60d nail found in the base of a tree;

6. South 00°33'19" West a distance of 242.63 feet (record - South 00°31'17" West a distance of 242.70 feet) to a 1/2" rebar found;

7. South 02°17'45" West a distance of 378.35 feet (record - South 02°19'20" West a distance of 378.31 feet) to a 60d nail found in the base of a tree;

8. South 01°07'22" East a distance of 173.37 feet (record - South 01°14'59" East a distance of 173.37 feet) to a 1/2" rebar found;

9. South 20°38'34" East a distance of 141.41 feet (record - South 20°38'50" East a distance of 141.39 feet) to a 1/2" rebar found;

10. South 14°23'21" East a distance of 158.55 feet (record - South 14°20'44" East a distance of 158.60 feet) to a 60d nail found in the base of a tree;

11. South 10°38"15" East a distance of 12.99 feet (record - South 10°39'10" East a distance of 12.99 feet) to a 1/2" rebar found;

12. South 14°47'56" East a distance of 32.45 feet (record - South 14°48'48" East a distance of 32.47 feet) to a 1/2" rebar found;

13. South 13°14'54" East a distance of 286.23 feet (record - South 13°15'49" East a distance of 286.23 feet) to the POINT OF BEGINNING, and containing 80.17 acres of land, more or less, out of the Henry Garmes Survey, Abstract no. 269, in Williamson County, Texas.

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 7959, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7959.106 to read as follows:

Sec. 7959.106. 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 immediately if it receives a vote of two-thirds of all the members elected to each house, as 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, 2015.