86R20155 TSR-F

By: Oliverson H.B. No. 4684

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Harris County Municipal Utility District No. 570; 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 7894 to read as follows:

CHAPTER 7894. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 570

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 7894.0101. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Commission" means the Texas Commission on Environmental Quality.

(3) "Director" means a board member.

(4) "District" means the Harris County Municipal Utility District No. 570.

Sec. 7894.0102. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 7894.0103. CONFIRMATION AND DIRECTOR ELECTION REQUIRED. The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code.

Sec. 7894.0104. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 7894.0103 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.

Sec. 7894.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) The district is created to serve a public purpose and benefit.

(b) The district is created to accomplish the purposes of:

(1) a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution; and

(2) Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 7894.0106. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond;

(3) right to impose a tax; or

(4) legality or operation.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 7894.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 7894.0202, directors serve staggered four-year terms.

Sec. 7894.0202. TEMPORARY DIRECTORS. (a) The temporary board consists of:

(1) Susan Miller;

(2) Daniel Pereyra;

(3) Andrew McLoughlin;

(4) Jackson Gillette; and

(5) Stephanie Burns.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 7894.0103; 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 7894.0103 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of:

(1) the date permanent directors are elected under Section 7894.0103; or

(2) the fourth anniversary of the date of the appointment or reappointment.

(d) If Subsection (c) applies, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as successor temporary directors the five persons named in the petition. The commission shall appoint as successor temporary directors the five persons named in the petition.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 7894.0301. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 7894.0302. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.

Sec. 7894.0303. AUTHORITY FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 7894.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.

(b) If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road project must meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located.

(c) If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.

Sec. 7894.0305. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district.

Sec. 7894.0306. DIVISION OF DISTRICT. (a) The district may be divided into two or more new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) This chapter applies to any new district created by the division of the district, and a new district has all the powers and duties of the district.

(c) Any new district created by the division of the district may, at the time the new district is created, contain only:

(1) land within the area described by Section 2 of the Act enacting this chapter; or

(2) any land adjacent to the area described by Section 2 of the Act enacting this chapter if that adjacent land is:

(A) not within the extraterritorial jurisdiction of a city; or

(B) within the extraterritorial jurisdiction of a city and that adjacent land has been approved for inclusion in the district under the consent ordinance or resolution adopted by a city under Section 7894.0104.

(d) The board, on its own motion or on receipt of a petition signed by the owner or owners of a majority of the assessed value of the real property in the district, may adopt an order dividing the district.

(e) The board may adopt an order dividing the district before or after the date the board holds an election under Section 7894.0103 to confirm the district's creation.

(f) An order dividing the district must:

(1) name each new district;

(2) include the metes and bounds description of the territory of each new district;

(3) appoint temporary directors for each new district; and

(4) provide for the division of assets and liabilities between or among the new districts.

(g) On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order with the commission and record the order in the real property records of each county in which the district is located.

(h) Any new district created by the division of the district shall hold a confirmation and directors' election as required by Section 7894.0103.

(i) Municipal consent by a city is not required for the creation of any new district created under this section.

(j) Any new district created by the division of the district must hold an election as required by this chapter to obtain voter approval before the district may impose a maintenance tax or issue bonds payable wholly or partly from ad valorem taxes.

(k) If the voters of a new district do not confirm the creation of the new district, the assets, obligations, territory, and governance of the new district revert to that of the original district.

Sec. 7894.0307. LIMITATION ON USE OF EMINENT DOMAIN. The district may not exercise the power of eminent domain outside the district boundaries to acquire a site or easement for:

(1) a recreational facility, as defined by Section 49.462, Water Code; or

(2) a road project authorized by Section 7894.0303.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 7894.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 7894.0403.

(b) The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.

(c) The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.

Sec. 7894.0402. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 7894.0401, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.

(b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election.

Sec. 7894.0403. CONTRACT TAXES. (a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 7894.0501. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.

Sec. 7894.0502. TAXES FOR BONDS. At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.

Sec. 7894.0503. BONDS FOR ROAD PROJECTS. At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.

SECTION 2. The Harris County Municipal Utility District No. 570 initially includes all the territory contained in the following area: 447.471 ACRES BEING A 447.471 ACRE TRACT OF LAND SITUATED IN THE JAMES O'BRIEN SURVEY A-615, AND BEING A PORTION OF A CALLED 828.184 ACRE TRACT AS DESCRIBED IN VOLUME 6327 PAGE 17 HARRIS COUNTY DEED RECORDS AND BEING ALL OF A CALLED 389.083 ACRE TRACT DESCRIBED IN HARRIS COUNTY CLERKS FILE NUMBER C-705448 AND BEING ALL OF A CALLED 50 ACRE AND 10 ACRE TRACT AS DESCRIBED IN HARRIS COUNTY CLERKS FILE NUMBER H864435 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT FOR THE COMMON CORNER OF SAID JAMES O'BRIEN SURVEY A-615, T. RANDLE SURVEY A-672, THOMAS EARLY SURVEY A-256 AND W. JONES SURVEY A-490, SAME BEING THE NORTHWEST CORNER OF SAID 828.184 ACRE TRACT, FROM WHICH AN INTERSECTION OF FENCES BEARS NORTH 71 DEGREES 19 MINUTES EAST, A DISTANCE OF 3.5 FEET; THENCE SOUTH 03 DEGREE 36 MINUTES 04 SECONDS EAST, ALONG THE COMMON LINE OF JAMES O'BRIEN SURVEY AND T. RANDLE SURVEY, A DISTANCE OF 310.26 FEET TO A 1/2 INCH IRON ROD FOUND FOR ANGLE POINT; THENCE SOUTH 03 DEGREE 22 MINUTES 51 SECONDS EAST, CONTINUING ALONG THE COMMON LINE OF JAMES O'BRIEN SURVEY AND T. RANDLE SURVEY, A DISTANCE OF 1043.15 FEET TO A 5/8 INCH IRON ROD SET FOR THE NORTHWEST CORNER OF SAID 389.083 ACRE TRACT AND THE HEREIN DESCRIBED TRACT OF LAND; THENCE NORTH 87 DEGREE 44 MINUTES 20 SECONDS EAST, ALONG THE NORTH LINE OF SAID 389.083 ACRE TRACT A DISTANCE OF 4979.03 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID 389.083 ACRE TRACT AND THE HEREIN DESCRIBED TRACT OF LAND; THENCE SOUTH 02 DEGREE 58 MINUTES 23 SECONDS EAST, ALONG THE EAST LINE OF SAID 389.083 ACRE TRACT A DISTANCE OF 3935.98 FEET TO A 5/8 INCH IRON ROD SET FOR THE SOUTHEAST CORNER OF SAID 389.083 ACRE TRACT AND THE HEREIN DESCRIBED TRACT OF LAND IN THE NORTH LINE OF MOUND ROAD; THENCE ALONG THE COMMON LINE OF SAID 389.083 ACRE TRACT AND MOUND ROAD THE FOLLOWING COURSES AND DISTANCES SOUTH 87 DEGREES 56 MINUTES 08 SECONDS WEST, 2185.80 FEET TO A 1/2 INCH IRON ROD FOUND; SOUTH 87 DEGREES 47 MINUTES 05 SECONDS WEST, 530.76 FEET TO A 1/2 INCH IRON ROD FOUND; SOUTH 87 DEGREES 56 MINUTES 17 SECONDS WEST, 1143.43 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID 389.083 ACRE TRACT; THENCE NORTH 03 DEGREE 07 MINUTES 26 SECONDS WEST, A DISTANCE OF 9.45 FEET TO A 1/2 INCH IRON ROD SET FOR THE SOUTHEAST CORNER OF SAID 50 ACRE TRACT; THENCE SOUTH 87 DEGREES 56 MINUTES 17 SECONDS WEST, ALONG THE SOUTH LINE OF SAID 50 ACRE TRACT, A DISTANCE OF 1368.79 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID 50 ACRE TRACT AND BEING IN THE COMMON LINE OF SAID JAMES O'BRIEN SURVEY AND T. RANDLE SURVEY; THENCE ALONG THE COMMON LINE OF SAID JAMES O'BRIEN AND T. RANDLE SURVEYS, SAME BEING THE WEST LINE OF SAID 50 ACRE, 10 ACRE AND 389.083 ACRE TRACTS THE FOLLOWING COURSES AND DISTANCES; NORTH 02 DEGREES 44 MINUTES 34 SECONDS WEST, 1024.08 FEET TO A 1/2 INCH IRON ROD FOUND; NORTH 03 DEGREES 12 MINUTES 21 SECONDS WEST, 509.51 FEET TO A 1/2 INCH IRON ROD FOUND; NORTH 03 DEGREES 19 MINUTES 08 SECONDS WEST, 340.60 FEET TO A 1 AND 1/4 INCH IRON PIPE FOUND; NORTH 03 DEGREES 21 MINUTES 50 SECONDS WEST, 472.28 FEET TO A 1/2 INCH IRON ROD FOUND; NORTH 01 DEGREES 33 MINUTES 42 SECONDS WEST, 1564.63 FEET TO THE POINT OF BEGINNING AND CONTAINING 447.471 ACRES OF LAND. 100.00 ACRES BEING A 100.00 ACRE TRACT OF LAND OUT OF 389.313 ACRE TRACT OF LAND SITUATED IN THE EDWARD GREEN SURVEY A-307, AND BEING A PORTION OF A CALLED 439.101 ACRE TRACT TO EMANUEL DENNISON, RUBY DENNISON AND BOBBY GENE DENNISON AS RECORDED IN HARRIS COUNTY FILM CODE NUMBER C-705448 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A POINT FOR THE NORTHWEST CORNER OF SAID EDWARD GREEN SURVEY, SAME BEING THE NORTHWEST CORNER OF SAID 439.101 ACRE AND 389.313 ACRE TRACT IN THE SOUTH RIGHT-OF-WAY LINE OF BETKA ROAD, FROM WHICH A FOUND RAILROAD RAIL BEARS NORTH 02 DEGREES 47 MINUTES EAST, A DISTANCE OF 1.1 FEET; THENCE ALONG THE COMMON LINE OF SAID 439.101 ACRE AND 389.313 ACRE TRACTS, SAME BEING THE SOUTH RIGHT-OF-WAY LINE OF BETKA ROAD, THE FOLLOWING COURSES AND DISTANCES; NORTH 88 DEGREES 08 MINUTES 03 SECONDS EAST, 1311.19 FEET TO A 1/2 INCH IRON ROD FOUND; NORTH 88 DEGREES 20 MINUTES 22 SECONDS EAST, 598.55 FEET TO A 1/2 INCH IRON ROD FOUND; NORTH 88 DEGREES 08 MINUTES 19 SECONDS EAST, 989.89 FEET TO A 1/2 INCH IRON ROD FOUND; NORTH 87 DEGREES 57 MINUTES 47 SECONDS EAST, 318.55 FEET TO A 1/2 INCH IRON PIPE FOUND FOR THE MOST NORTHERLY NORTHEAST CORNER OF SAID 439.101 ACRE TRACT AND THE NORTHEAST CORNER OF SAID 389.313 ACRE TRACT; THENCE ALONG THE EAST LINE OF SAID 439.101 ACRE AND 389.313 ACRE TRACTS THE FOLLOWING COURSES AND DISTANCES; SOUTH 01 DEGREES 41 MINUTES 08 SECONDS EAST, 480.34 FEET TO A 5/8 INCH IRON ROD FOUND; SOUTH 01 DEGREES 45 MINUTES 38 SECONDS EAST, 633.16 FEET TO A 1/2 INCH IRON ROD FOUND; SOUTH 01 DEGREES 49 MINUTES 23 SECONDS EAST, 428.77 FEET TO A 1/2 INCH IRON ROD FOUND; SOUTH 01 DEGREES 45 MINUTES 50 SECONDS EAST, 1055.50 FEET TO A 5/8 INCH IRON ROD SET FOR THE NORTHEAST CORNER AND POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE CONTINUING ALONG THE EAST LINE OF SAID 439.101 ACRE AND 389.313 ACRE TRACTS AND THE HEREIN DESCRIBED 100.00 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES; SOUTH 01 DEGREES 45 MINUTES 50 SECONDS EAST, A DISTANCE OF 193.71 FEET TO A 1/2 INCH IRON ROD FOUND; SOUTH 01 DEGREES 57 MINUTES 34 SECONDS EAST, 794.32 FEET TO A 1/2 INCH IRON ROD FOUND; SOUTH 01 DEGREES 38 MINUTES 13 SECONDS EAST, 375.35 FEET TO A 1/2 INCH IRON ROD FOUND; SOUTH 02 DEGREES 11 MINUTES 29 SECONDS EAST, 264.05 FEET TO A 1/2 INCH IRON ROD FOUND FOR AN INTERIOR ANGLE POINT OF SAID 439.101 ACRE TRACT, AND NORTHWEST CORNER OF A CALLED 39.365 ACRE TRACT AS RECORDED IN HARRIS COUNTY CLERK'S FILE NO. C705448; THENCE SOUTH 01 DEGREES 48 MINUTES 44 SECONDS EAST, WITH THE EAST LINE OF SAID 389.313 ACRE TRACT, SAME BEING ALONG THE WEST LINE OF SAID 39.365 ACRE TRACT, A DISTANCE OF 1046.77 FEET TO A SET 5/8 INCH IRON ROD FOR THE SOUTHEAST CORNER OF SAID 389.313 ACRE TRACT, BEING IN THE SOUTH LINE OF SAID 439.101 ACRE TRACT FOR THE SOUTHWEST CORNER OF SAID 39.365 ACRE TRACT AND THE HEREIN DESCRIBED TRACT AND BEING IN THE SOUTH LINE OF SAID EDWARD GREEN SURVEY; THENCE SOUTH 88 DEGREES 01 MINUTES 30 SECONDS WEST, ALONG THE SOUTH LINE OF SAID 439.101 ACRE AND 389.313 ACRE TRACTS AND EDWARD GREEN SURVEY A DISTANCE OF 1628.68 FEET TO A 5/8 INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 01 DEGREES 48 MINUTES 45 SECONDS WEST, A DISTANCE OF 2677.93 FEET TO A 5/8 INCH IRON ROD SET FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED 100.00 ACRE TRACT OF LAND; THENCE NORTH 88 DEGREES 09 MINUTES 24 SECONDS EAST, A DISTANCE OF 1626.21 FEET TO THE POINT OF BEGINNING AND CONTAINING 100.00 ACRES OF LAND. 97.00 ACRES BEING A 97.00 ACRE TRACT OUT OF A 389.313 ACRE TRACT OF LAND SITUATED IN THE EDWARD GREEN SURVEY A-307, AND BEING A PORTION OF A CALLED 439.101 ACRE TRACT TO EMANUEL DENNISON, RUBY DENNISON AND BOBBY GENE DENNISON AS RECORDED IN HARRIS COUNTY FILM CODE NUMBER C-705448 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A POINT FOR THE NORTHWEST CORNER OF SAID EDWARD GREEN SURVEY, SAME BEING THE NORTHWEST CORNER OF SAID 439.101 ACRE TRACT AND THE 389.313 ACRE TRACT, IN THE SOUTH RIGHT-OF-WAY LINE OF BETKA ROAD, FROM WHICH A FOUND RAILROAD RAIL BEARS NORTH 02 DEGREES 47 MINUTES EAST, A DISTANCE OF 1.1 FEET; THENCE ALONG THE NORTH LINE OF SAID 439.101 ACRE AND 389.313 ACRE TRACTS, SAME BEING THE SOUTH RIGHT-OF-WAY LINE OF BETKA ROAD, THE FOLLOWING COURSES AND DISTANCES; NORTH 88 DEGREES 08 MINUTES 03 SECONDS EAST, 1311.19 FEET TO A 1/2 INCH IRON ROD FOUND; NORTH 88 DEGREES 20 MINUTES 22 SECONDS EAST, 278.32 FEET TO A 5/8 INCH IRON ROD SET FOR THE NORTHWEST CORNER AND POINT OF BEGINNING OF THE HEREIN DESCRIBED 97.00 ACRE TRACT OF LAND; THENCE CONTINUING ALONG THE NORTH LINE OF SAID 439.101 ACRE AND 389.313 ACRE TRACTS, SAME BEING THE SOUTH RIGHT-OF-WAY LINE OF BETKA ROAD, SAME BEING THE NORTH LINE OF THE HEREIN DESCRIBED TRACT, THE FOLLOWING COURSES AND DISTANCES; THENCE NORTH 88 DEGREES 20 MINUTES 22 SECONDS EAST 320.23 FEET TO A 1/2 INCH IRON ROD FOUND; NORTH 88 DEGREES 08 MINUTES 19 SECONDS EAST, 989.89 FEET TO A 1/2 INCH IRON ROD FOUND; NORTH 87 DEGREES 57 MINUTES 47 SECONDS EAST, 318.55 FEET TO A 1/2 INCH IRON PIPE FOUND FOR THE MOST NORTHERLY NORTHEAST CORNER OF SAID 439.101 ACRE TRACT AND NORTHEAST CORNER OF SAID 389.313 ACRE TRACT AND THE HEREIN DESCRIBED 97.00 ACRE TRACT; THENCE ALONG THE EAST LINE OF SAID 439.101 ACRE AND 389.313 ACRE TRACTS, SAME BEING THE EAST LINE OF THE HEREIN DESCRIBED 97.00 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES; SOUTH 01 DEGREES 41 MINUTES 08 SECONDS EAST, 480.34 FEET TO A 5/8 INCH IRON ROD FOUND; SOUTH 01 DEGREES 45 MINUTES 38 SECONDS EAST, 633.16 FEET TO A 1/2 INCH IRON ROD FOUND; SOUTH 01 DEGREES 49 MINUTES 23 SECONDS EAST, 428.77 FEET TO A 1/2 INCH IRON ROD FOUND; SOUTH 01 DEGREES 45 MINUTES 50 SECONDS EAST, 1055.50 FEET TO A 5/8 INCH IRON ROD SET IN THE EAST LINE OF THE SAID 439.101 ACRE AND 389.313 ACRE TRACTS AND BEING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED 97.00 ACRE TRACT THENCE SOUTH 88 DEGREES 09 MINUTES 24 SECONDS WEST, A DISTANCE OF 1626.21 FEET TO A 5/8 INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED 97.00 ACRE TRACT OF LAND; THENCE NORTH 01 DEGREES 48 MINUTES 45 SECONDS WEST, A DISTANCE OF 2597.40 FEET TO THE POINT OF BEGINNING AND CONTAINING 97.00 ACRES OF LAND, MORE OR LESS.

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) Section 7894.0307, Special District Local Laws Code, as added by Section 1 of this Act, takes effect only if this Act receives a two-thirds vote of all the members elected to each house.

(b) If this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 7894, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7894.0307 to read as follows:

Sec. 7894.0307. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.

(c) 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, 2019.