By: Creighton S.B. No. 1526
 
  (Bell)
 
   
 
 
A BILL TO BE ENTITLED
 
  relating to the creation of the Montgomery County Municipal Utility
  District No. 158; 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 7986 to read as follows:
  CHAPTER 7986.  MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT No. 158
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 7986.001.  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 Montgomery County Municipal
  Utility District No. 158.
         Sec. 7986.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7986.003.  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. 7986.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 7986.003
  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. 7986.005.  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. 7986.006.  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. 7986.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 7986.052, directors serve
  staggered four-year terms.
         Sec. 7986.052.  TEMPORARY DIRECTORS. (a)  On or after
  September 1, 2017, 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 7986.003; or
               (2)  September 1, 2021.
         (c)  If permanent directors have not been elected under
  Section 7986.003 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 7986.003; 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. 7986.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7986.102.  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. 7986.103.  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. 7986.104.  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.
         Sec. 7986.105.  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. 7986.151.  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 7986.153.
         (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. 7986.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 7986.151, 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. 7986.153.  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. 7986.201.  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. 7986.202.  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. 7986.203.  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 Montgomery County Municipal Utility District
  No. 158 initially includes all the territory contained in the
  following area:
         Tract One
         Being a 134.09 acres of land located in the W. L. Goss Survey,
  Abstract No. 739, T.N.N.O.R.R. Co. Survey, Abstract No. 566, R.J
  Goss Survey, Abstract No. 719 and the T.N.N.O.R.R. Co. Survey,
  Abstract No. 572, Montgomery County, Texas, more particularly
  being all of that certain called 134.091 acre tract (described as
  Tract 1) conveyed to Pilot Land Acquisitions, LLC by an instrument
  of record in Document Number 2016040394 of the Official Public
  Records of said Montgomery County (M.C.O.P.R.) said 134.09 acre
  tract being more particularly described by metes and bounds as
  follows (Bearings based on Texas Coordinate System, Central Zone,
  NAD83 (NA2011) Epoch 2010.00):
         BEGINNING at the west corner of said 134.091 acre tract, same
  being the northwest corner of that certain Old Houston Acres
  Subdivision, Section Three, described in Cabinet Z, Pages 700-703
  of the Map Records of said Montgomery County, (M.C.M.R.), same
  being on the east right of way line of that certain Old Houston Road
  (called 120 feet wide) from which a found 1/2-inch iron rod bears
  South 71° 48' 33" East, 8.03 feet;
         Thence, North 18° 52' 30" East, along the west line of said
  134.091 acre tract, and the east right of way line of said Old
  Houston Road, 683.55 feet to a 5/8-inch iron rod found for the most
  westerly northwest corner of said 134.091 acre tract, same being
  the southwest corner of that certain Jewel Scott called 15.6 acre
  tract of land, described in File Number 9314164 of the Official
  Public Records of Real Property of said Montgomery County
  (M.C.O.P.R.R.P.);
         Thence, North 87° 02' 18" East, along the most westerly north
  line of said 134.091 acre tract, and the south line of said 15.6
  acre tract, 246.38 feet to a axel found for an interior corner of
  said 134.091 acre tract, same being the southeast corner of said
  15.6 acre tract;
         Thence, North 03° 06' 18" West, along the most northerly west
  line of said 134.091 acre tract, same being the East line of said
  15.6 acre tract, 613.49 feet to a 1/2-inch iron rod found for an
  angle point, same being the north corner of said 15.6 acre tract and
  on the east right-of-way line of said Old Houston Road;
         Thence, North 18° 56' 31" East, continuing along the most
  northerly east line of said 134.091 acre tract and the east right of
  way line of said Old Houston Road, 120.01 feet to a 1/2-inch iron
  rod found for the north corner of said 134.091 acre tract, same
  being a southwesterly corner of that certain Deegan Enterprise, LLC
  called 26.000 acre tract described in File Number 2004-087460,
  M.C.O.P.R.R.P.;
         Thence, South 70° 59' 58" East, along the most northerly north
  line of said 134.091 acre tract, same being a southerly line of said
  Deegan Enterprise called 26.000 acre tract, 167.03 feet to a
  1/2-inch iron rod found for the most northerly northeast corner of
  said 134.091 acre tract, same being an interior corner of said
  Deegan Enterprise called 26.000 acre tract;
         Thence, South 03° 07' 23" East, along the most northerly east
  line of said 134.091 acre tract on a west line of said Deegan
  Enterprise called 26.000 acre tract, 541.16 feet to a 5/8-inch iron
  rod found for an angle point on the westerly line of said Deegan
  Enterprise called 26.000 acre tract;
         Thence, South 48° 05' 54" East, along the northeast line of
  said 134.091 acre tract and a southwest line of said Deegan
  Enterprise called 26.000 acre tract, 169.75 feet to an axel found
  for an angle point on the north line of said 134.091 acre tract on
  the south line of said Deegan Enterprise called 26.000 acre tract;
         Thence, North 86° 48' 40" East, along the north line of said
  134.091 acre tract and the south line of said Deegan Enterprise
  called 26.000 acre tract, 2,700.72 feet to a 1/2-inch iron rod found
  for the northeast corner of said 134.091 acre tract, same being an
  interior corner of said Deegan Enterprise called 26.000 acre tract;
         Thence, South 02° 45' 30" East, along the east line of said
  134.091 acre tract and a west line of said Deegan Enterprise called
  26.000 acre tract, 1,850.01 feet to a 1/2-inch iron rod found for
  the southeast corner of said 134.091 acre tract, same being the
  southwest corner of said Deegan Enterprise called 26.000 acre tract
  on the north line of that certain Fred R. Stalling and Joyce P.
  Stallings called 72.657 acre tract of land, described in File
  Number 2012123297, M.C.O.P.R.;
         Thence, South 86° 48' 28" West, along the south line of said
  134.091 acre tract and the north line of said Stallings called
  72.657 acre tract, that certain Scott W. Harris and Karen C. Harris
  called 27.7844 acre tract of land, described in File Number
  2009-016393, M.C.O.P.R.R.P., that certain John P. Sherrill and
  wife, Samantha S. Sherrill called Residue of 91.9970 acre tract of
  land, described in File Number 9513551 M.C.O.P.R. R.P. and that
  certain Patsy M. Graham called 100.00 acre tract of land, described
  in File Number 2003-135100 M.C.O.P.R. R.P., passing at a distance
  of 320.22 feet a 1/2-inch iron rod, passing at a distance of 890.42
  feet to a 1/2-inch iron rod bearing South 03° 11' 32" East a distance
  of 0.21 feet offline and continuing in all a total distance of
  2,842.37 feet to a 1/2-inch iron rod found for the southwest corner
  of said 134.091 acre tract, same being the northwest corner of said
  Graham called 100.00 acre tract on the east line of the
  aforementioned Old Houston Acres, Section Three subdivision;
         Thence, North 02° 44' 38" West, along the southerly west line
  of said 134.091 acre tract, and the east line of said Old Houston
  Acres, Section Three, Block No. 1, passing at a distance of 180.13
  feet to a found capped iron rod marked "Jeff Moon RPLS 4639" a
  distance of 0.67 feet offline, passing at a distance of 686.98 feet
  to a found capped iron rod marked "Jeff Moon RPLS 4639" a distance
  of 0.54 feet offline, passing at a distance of 775.85 feet to a
  found capped iron rod marked "Jeff Moon RPLS 4639" a distance of
  0.49 feet offline and continuing in all a total distance of 953.20
  feet to a 1/2-inch iron rod found for an interior corner of said
  134.091 acre tract, same being the Northeast corner of said Old
  Houston Acres, Section Three;
         Thence, North 71° 48' 33" West, along the westerly south line
  of said 134.091 acre tract, and the north line of said Old Houston
  Acres, Section Three, 724.86 feet to the POINT OF BEGINNING and
  containing 134.09 acres of land.
         Tract Two
         Being 461.19 acres of land located in the John Smither
  Survey, Abstract 521, the T. & N. O. R.R. Co. Survey, Abstract 566,
  and the Benjamin B. Foster Survey, Abstract 785, Montgomery County,
  Texas, more particularly being all of that certain called 312.7
  acre tract (described as Tract 6) conveyed to Pilot Land
  Acquisitions, LLC by an instrument of record in Document Number
  2016040394 of the Official Public Records of Montgomery County,
  Texas (M.C.O.P.R.) and a portion of that certain called 772.7 acre
  tract (described as Tract 3) conveyed to Pilot Land Acquisitions,
  LLC by an instrument of record in said Document Number 2016040394,
  M.C.O.P.R., said 461.19 acre tract being more particularly
  described by metes and bounds as follows (Bearings based on Texas
  Coordinate System, Central Zone, NAD83 (NA2011) Epoch 2010.00);
         BEGINNING at a brass disk in concrete stamped "FLC" found for
  the southeast corner of said John Smither Survey, Abstract 521, the
  northeast corner of the Samuel V. Lamothe Survey, Abstract 333, the
  southwest corner of Lot 6, Block 1 of Oak Tree Section One, a
  subdivision of record in Cabinet Y, Sheets 28 through 30 of the Map
  Records of Montgomery County, Texas (M.C.M.R.), and the southeast
  corner of said 772.7 acre tract on the west survey line of said T. &
  N. O. R.R. Co. Survey;
         Thence, South 85° 24' 01" West, with the common survey line of
  said John Smither Survey and said Samuel V. Lamothe Survey, the
  south line of said 772.7 acre tract and a northerly line of said Oak
  Tree Section One, at 140.50 feet pass a found 1/2-inch iron rod with
  cap stamped "Jeff Moon RPLS 4639", and continuing in all 202.89 feet
  to a brass disk in concrete stamped "CP & FM 295" found for the
  common north corner of said Oak Tree Section One and that certain
  called 14.6924 acre tract conveyed to Paul McQueen by an instrument
  of record under Volume 1095, Page 696 of the Deed Records of
  Montgomery County, (M.C.D.R.);
         Thence, South 86° 53' 28" West, continuing with said common
  survey line, the south line of said 772.7 acre tract, the north line
  of said 14.6924 acre tract, and that certain called 1.3834 acre
  tract conveyed to Sam W. Baker, Trustee by an instrument of record
  under Document Number 2010088724, M.C.O.P.R., at 791.47 feet pass a
  found 5/8-inch iron rod, and continuing in all a total distance of
  1,549.11 feet to a point for the northwest corner of said 1.3834
  acre tract and on the northerly right-of-way line of FM 1314, from
  which a found bent 5/8-inch iron rod bears South 56° 52' 47" West,
  0.31 feet;
         Thence, with the northerly right-of-way line of said FM 1314
  and the southwesterly line of said 772.7 acre tract, the following
  three (3) courses:
         1.  North 63° 11' 02" West, 426.37 feet to a 5/8-inch iron rod
  with cap stamped "LJA ENG" found for corner, the beginning of a
  curve;
         2.  354.89 feet along the arc of a tangent curve to the left,
  having a radius of 5,809.58 feet, a central angle of 03° 30' 00" and
  a chord which bears North 64° 56' 02" West, 354.83 feet to a 5/8-inch
  iron rod with cap stamped "LJA ENG" found for corner;
         3.  North 66° 41' 02" West, at 116.49 feet pass a found bent
  5/8-inch iron rod bears South 64° 46' 13" West, 0.18 feet,
  continuing in all a total distance of 891.28 feet to a point for
  corner;
         Thence, North 45° 49' 56" East, departing said northerly
  right-of-way line, over and across the aforementioned 772.7 acre
  tract, 4,289.20 feet to a point for corner on the common east line
  of said 772.7 acre tract and the west line of that certain called
  86.659 acre tract conveyed to Darrell Dudczak by an instrument of
  record under File Number 2004-128243 of the Official Public Records
  of Real Property of said Montgomery County (M.C.O.P.R.R.P.), said
  point being on the common survey line of said Benjamin B. Foster
  Survey and the W. C. Clark Survey, Abstract 732;
         Thence, South 03° 00' 30" East, along the west line of said
  86.659 acre tract and its extension and the east line of said 772.7
  acre tract, 922.30 feet to a brass disk in concrete stamped "FLC"
  found for the northwest corner of the aforementioned 312.7 acre
  tract, same point being the common west corner of said W. C. Clark
  Survey and the T. & N. O. R.R. Co. Survey, Abstract 566 and the
  common east corner of the Benjamin B. Foster Survey, and the
  aforementioned John Smither Survey;
         Thence, with the north line of said 312.7 acre tract and said
  common survey line the following three (3) courses:
         1.  North 87° 14' 54" East, 1,440.11 feet to a concrete
  monument found for the southwest corner of that certain called
  15.17 acre tract conveyed to Jessie C. Farmer and wife Carrie S.
  Farmer, as Trustees under the Jessie Farmer and Carrie Sue Farmer
  Revocable Trust by an instrument of record under File Number
  99013631, M.C.O.P.R.R.P.;
         2.  North 86° 33' 36" East, with the southerly line of said
  15.17 acre tract, 1,401.58 feet to a concrete monument found for the
  common south corner of said 15.17 acre tract and that certain called
  15.6 acre tract conveyed to Katy Holt by an instrument of record
  under File Number 2005-097233, M.C.O.P.R.R.P.;
         3.  North 86° 59' 50" East, with the southerly line of said
  15.6 acre tract, the southerly line of that certain called 15.6 acre
  tract conveyed to John Edward Panzarella, Robert L. Panzarella,
  Sandre Paulette Lowry, and Carl Panzarella, Jr. by an instrument of
  record under Document Number 2010049469, M.C.O.P.R., and the
  southerly line of the residue of that certain called 15.6 acre tract
  conveyed to Jewel Oleta Scott and Husband A. G. Scott by an
  instrument of record under Volume 492, Page 539, M.C.D.R., 2,533.37
  feet to a 5/8-inch iron rod found for the northeast corner of said
  312.7 acre tract, said point being on the westerly right-of-way
  line of Old Houston Road (called 120 feet wide) described in Volume
  969, Page 305, M.C.D.R.;
         Thence, with the easterly line of said 312.7 acre tract and
  said westerly right-of-way line the following three (3) courses:
         1.  South 18° 54' 01" West, 2,504.88 feet to a found 1/2-inch
  iron rod with cap stamped "Montgomery and Associates", the
  beginning of a curve;
         2.  855.83 feet along the arc of a tangent curve to the left,
  having a radius of 2,973.51 feet, a central angle of 16° 29' 27", and
  a chord which bears South 10° 39' 18" West, 852.88 feet to a 5/8-inch
  iron rod with cap stamped "LJA ENG" set for corner from which a
  found 5/8-inch iron rod bears South 00° 52' 56" East, 9.24 feet;
         3.  South 02° 24' 34" West, 376.98 feet to a 1/2-inch iron rod
  found for the common easterly corner of said 312.7 acre tract and
  Lot 1, Block 2 of Old Houston Acres Section One, a subdivision of
  record in Cabinet S, Sheets 16-19, M.C.M.R., said point being on the
  common survey line of the aforementioned T. & N. O. R.R. Co. Survey,
  Abstract 566 and the Ruben Copeland Survey, Abstract 671 of said
  Montgomery County;
         Thence, South 87° 08' 43" West, with the southerly line of
  said 312.7 acre tract, the common survey line and the northerly line
  of said Old Houston Acres Section One, at 541.18 feet pass a
  1/2-inch iron rod with cap stamped "Jeff Moon RPLS 4639" found for
  the common north corner of said Old Houston Acres Section One and
  Old Houston Acres Section Two, a subdivision of record in Cabinet Z,
  Sheets 313-316, M.C.M.R., and continuing along said southerly line
  and with the northerly line of said Old Houston Acres Section Two,
  pass at 649.28 feet a 1/2-inch iron rod with cap stamped "Jeff Moon
  RPLS 4639" found for the common north corner of Lots 1 and 2 of Block
  1 of said Old Houston Acres Section Two, and continuing in all a
  total distance of 1,486.22 feet to a bent 1/2-inch iron rod found
  for an angle point on the common line of said 312.7 acre tract and
  said Old Houston Acres Section Two, said point being the northwest
  corner of said Ruben Copeland Survey;
         Thence, North 83° 23' 32" West, continuing with said common
  line, 280.75 feet to a 5/8-inch iron rod with cap stamped "LJA ENG"
  set for an angle point on the south line of said 312.7 acre tract,
  said point being the northwest corner of said Old Houston Acres
  Section Two and the northeast corner of the E. H. Yeiser Survey,
  Abstract 731 of said Montgomery County, Texas;
         Thence, South 87° 04' 13" West, with the southerly line of
  said 312.7 acre tract and the common survey line of said T. & N. O.
  R.R. Co. Survey, Abstract 566 and said E. H. Yeiser Survey, 1,013.95
  feet to a 5/8-inch iron rod with cap stamped "F&S 409-832-7238"
  found for the common south corner of said 312.7 acre tract and the
  aforementioned Oak Tree Section One, from which a found 1/2-inch
  iron rod with cap stamped "Jeff Moon RPLS 4639" bears South 62° 32'
  45" East, 0.40 feet;
         Thence, with the common line of said 312.7 acre tract and said
  Oak Tree Section One the following six (6) courses:
         1.  North 17° 43' 53" West, 1,141.63 feet to a found 5/8-inch
  iron rod, the beginning of a curve;
         2.  251.53 feet along the arc of a non-tangent curve to the
  right, having a radius of 1,760.00 feet, a central angle of 08° 11'
  19", and a chord which bears North 77° 48' 50" East, 251.32 feet to a
  point for corner from which a found 5/8-inch iron rod bears North
  85° 57' 03" West, 0.16 feet;
         3.  North 03° 06' 19" West, 975.54 feet to a point for corner
  from which a found 5/8-inch iron rod bears South 25° 44' 03" West,
  0.25 feet;
         4.  South 86° 53' 41" West, 1,065.00 feet to a 1/2-inch iron
  rod with cap stamped "Montgomery and Associates" found for a
  northwesterly corner of said Oak Tree Section One;
         5.  South 03° 06' 19" East, 66.77 feet (called South 03° 06'
  40" East, 66.77 feet) to a 5/8-inch iron rod found for a re-entrant
  corner on the north line of said Oak Tree Section One;
         6.  South 86° 53' 41" West, 315.00 feet (called South 86° 53'
  20" West, 315.00 feet) to a 5/8-inch iron rod found for the
  northwest corner of said Oak Tree Section One subdivision, same
  point being on the west line of said 312.7 acre tract, the east line
  of said 772.7 acre tract and on the common survey line of the
  aforementioned John Smither Survey, Abstract 521 and the T. & N. O.
  R.R. Co. Survey, Abstract 566;
         Thence, South 03° 05' 17" East with the common line of said
  772.7 acre tract, said Oak Tree Section One, and said common survey
  line, 1,245.40 feet to the POINT OF BEGINNING and containing 461.19
  acres of land.
         Said Tract One (134.09 acres) and Tract Two (461.19 acres)
  being a total of 595.28 acres of land.
         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
  7986, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7986.106 to read as follows:
         Sec. 7986.106.  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 September 1, 2017.