88R19398 MP-F
 
  By: Kacal H.B. No. 5366
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Grimes County Municipal Utility
  District No. 3; 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 7878A to read as follows:
  CHAPTER 7878A. GRIMES COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 7878A.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 Grimes County Municipal
  Utility District No. 3.
         Sec. 7878A.0102.  NATURE OF DISTRICT. The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7878A.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. 7878A.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  7878A.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 as required by
  applicable law.
         Sec. 7878A.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. 7878A.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. 7878A.0201.  GOVERNING BODY; TERMS. (a) The district
  is governed by a board of five elected directors.
         (b)  Except as provided by Section 7878A.0202, directors
  serve staggered four-year terms.
         Sec. 7878A.0202.  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 7878A.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 7878A.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 7878A.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. 7878A.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7878A.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. 7878A.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. 7878A.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. 7878A.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. 7878A.0306.  DIVISION OF DISTRICT. (a) 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.
         (b)  An order dividing a district may create one or more new
  districts and may provide for the continuation of the district.
         (c)  An order dividing the district must:
               (1)  name any new district;
               (2)  include the metes and bounds description of the
  territory of each of the districts;
               (3)  appoint temporary directors for any new district;
  and
               (4)  provide for the division of assets and liabilities
  between the districts.
         (d)  The board may adopt an order dividing the district
  before or after the date the board holds an election under Section
  7878A.0103 to confirm the district's creation.
         (e)  The district may be divided only if the district:
               (1)  has never issued any bonds; and
               (2)  is not imposing ad valorem taxes.
         (f)  A new district created by the division of the district
  may not, at the time the new district is created, contain any land
  outside the area described by Section 2 of the Act enacting this
  chapter.
         (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)  This chapter applies to any new district created by
  division of the district, and a new district has all the powers and
  duties of the district.
         (i)  A new district created by the division of the district
  shall hold a confirmation and directors' election as required by
  Section 7878A.0103.
         (j)  If the creation of the new district is confirmed, the
  new district shall provide the election date and results to the
  commission.
         (k)  A 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.
         (l)  The district may rely on confirmation, directors',
  bond, or tax elections held prior to the division of the district.
         (m)  Municipal consent to the creation of the district and to
  the inclusion of land in the district granted under Section
  7878A.0104 acts as municipal consent to the creation of any new
  district created by the division of the district and to the
  inclusion of land in the new district.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 7878A.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
  7878A.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. 7878A.0402.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held under Section 7878A.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. 7878A.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. 7878A.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. 7878A.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. 7878A.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 Grimes County Municipal Utility District
  No. 3 initially includes all the territory contained in the
  following area:
         Tract 1: 538.64 acres
         Being a tract of land containing 557.61 acres (24,289,539
  square feet), located in the Blake Brantley Survey, A-104, the Gwyn
  Morrison Survey, A-357, the Edley Montgomery Survey, A-355, the
  Samuel New Survey, A-365, the Thomas Corner Survey, A-155, the
  William R. Wheelis Survey, A-481, the E.T. Estis Survey, A-194, the
  William R. Wheelis Survey, A-480, and the Thomas Corner Survey,
  A-167 in Grimes County, Texas; Said 557.61 acre tract being out of
  portion of the remainder of a called 127.86 acre tract, recorded in
  the name of SH 249 Development IV, LLC, under Grimes County Deed
  Record (G.C.D.R.) Vol. 1727, Pg. 349, and a portion of the remainder
  of a called 111.64 acre tract, recorded in the name of SH 249
  Development III, LLC, under G.C.D.R. Vol. 1727, Pg. 331, and a
  portion of the remainder of a called 99.58 acre tract, recorded in
  the name of SH 249 Development II, LLC, under G.C.D.R. Vol. 1727,
  Pg. 337, and a portion of the remainder of a called 98.65 acre
  tract, recorded in the name of SH 249 Development I, LLC, under
  G.C.D.R. Vol. 1727, Pg. 343, the remainder of a called 200 acre
  tract, recorded in the name of Marilyn Joyce Fuchs Knighten, under
  G.C.D.R. Vol. 654, Pg. 471, a called 27.26 acre tract, recorded in
  the name of Marilyn Joyce Fuchs Knighten, under Grimes County
  Clerk's File (G.C.C.F.) No. 2022-326157, a called 99.95 acre Tract
  1, recorded in the name of Robert E. Fuchs, Jr., under G.C.D.R. Vol.
  1539, Pg. 785, a called 99.95 acre Tract 2, recorded in the name of
  Virginia Lynne Fuchs Winn, (N/K/A Virginia Lynne (Fuchs) Gantt,
  under G.C.D.R. Vol. 1539, Pg. 777, a called 8.467 acre tract,
  recorded in the name of Betty F. Swonke Fuchs (per Grimes County
  CAD) being a portion of said 99.95 acre Tract 2; said 557.61 acre
  tract being more particularly described by metes and bounds as
  follows (bearings based on the Texas Coordinate system of 1983,
  Central Zone, per TxDOT Right-Of-Way (R.O.W.) Plans for SH 249.):
         BEGINNING at the southeast corner of said 27.26 acre tract,
  the northeast corner of said 99.95 acre Tract 1, said point being on
  the west R.O.W. of FM 1774 (100' wide per TxDOT R.O.W. Plans for
  Project C-1400-2-1 dated May 1954);
         THENCE, with the line common to said 99.95 acre Tract 1, said
  99.95acre Tract 2, said 8.467 acre tract, and said FM 1774 R.O.W.,
  the following two (2) courses:
         1.  South 07 degrees 41 minutes 42 seconds East, a distance
  of 961.76 feet to the southeast corner of said 99.95 acre Tract 1,
  and the northeast corner of said 99.95acre Tract 2, and an angle
  point;
         2.  South 07 degrees 45 minutes 38 seconds East, a distance
  of 591.53 feet to the southeast corner of said 8.467 acre tract, and
  the northeast corner of a called 22 acre tract recorded in the name
  of Cobalt 201, Ltd., under G.C.C.F. No. 2020-306609, and an angle
  point;
         THENCE, along the line common to said 99.95 acre Tract 2, said
  8.467 acre tract, said 22 acre tract, a called 15.87 acre tract
  recorded in the name Marcus and Joyce Stewart, under G.C.D.R. Vol.
  1352, Pg. 636, and a called 17.00 acre tract recorded in the name
  Marcus and Joyce Stewart, under G.C.D.R. Vol. 1352, Pg. 648, a
  called 28.00 acre Tract B recorded in the name if Robert Earl Fuchs
  and Marilyn Joyce Fuchs Knighten, under G.C.D.R. Vol. 1445, Pg. 492
  and G.C.D.R. Vol. 304, Pg. 763, a called 12.5 acre tract (Second
  Tract) recorded in the name of Ruth Carraway Hughey, under G.C.D.R.
  Vol. 301, Pg. 151, a called 9.97 acre tract recorded in the name of
  Lucille Carraway Glass, under G.C.D.R. Vol. 1218, Pg. 374, the
  remainder of a called 40 acre tract recorded in the name of Lucille
  Carraway Glass, under G.C.D.R. Vol. 301, Pg. 158, and a called
  7.3418 acre tract recorded in the name of Alfred H. Jackson, under
  G.C.D.R. Vol. 650, Pg. 483, the following seven (7) courses:
         1.  South 88 degrees 04 minutes 02 seconds West, a distance
  of 1890.70 feet to an angle point;
         2.  South 02 degrees 14 minutes 33 seconds East, a distance
  of 1242.08 feet to an angle point;
         3.  South 86 degrees 01 minutes 01 seconds West, a distance
  of 37.37 feet to an angle point;
         4.  South 03 degrees 49 minutes 48 seconds East, a distance
  of 994.17 feet to an angle point;
         5.  South 86 degrees 10 minutes 12 seconds West, a distance
  of 1229.80 feet to an angle point;
         6.  North 03 degrees 39 minutes 33 seconds West, a distance
  of 135.56 feet to an angle point;
         7.  South 85 degrees 46 minutes 43 seconds West, a distance
  of 388.83 feet to the most westerly southwest corner of said 99.95
  acre Tract 2, and the northwest corner of said 7.3418 acre tract,
  and being on the easterly line of a 125' wide Union Pacific Railroad
  (U.P.RR.) R.O.W., and an angle point;
         THENCE, along the line common to said 99.95 acre Tract 2, said
  99.95 acre Tract 1, said remainder of a 200 acre tract, said portion
  of the remainder of a 127.86 acre tract, and said U.P.RR. R.O.W.,
  the following fifteen (15) courses:
         1.  North 16 degrees 59 minutes 29 seconds West, a distance
  of 1002.65 feet to the beginning of a curve to the left;
         2.  656.46 feet along the arc of said curve to the left having
  a radius of 2686.60 feet, a central angle of 14 degrees 00 minutes
  00 seconds and a chord that bears North 23 degrees 59 minutes 29
  seconds West, a distance of 654.83 feet to an angle point;
         3.  North 30 degrees 59 minutes 32 seconds West, a distance
  of 449.44 feet to an angle point;
         4.  North 31 degrees 02 minutes 01 seconds West, a distance
  of 1604.20 feet to an angle point;
         5.  North 30 degrees 59 minutes 47 seconds West, a distance
  of 1888.14 feet to an angle point;
         6.  North 29 degrees 43 minutes 53 seconds West, a distance
  of 40.44 feet to an angle point;
         7.  North 27 degrees 56 minutes 18 seconds West, a distance
  of 97.89 feet to an angle point;
         8.  North 25 degrees 41 minutes 00 seconds West, a distance
  of 98.52 feet to an angle point;
         9.  North 22 degrees 51 minutes 54 seconds West, a distance
  of 98.39 feet to an angle point;
         10.  North 20 degrees 04 minutes 20 seconds West, a distance
  of 98.32 feet to an angle point;
         11.  North 17 degrees 22 minutes 53 seconds West, a distance
  of 98.19 feet to an angle point;
         12.  North 15 degrees 04 minutes 56 seconds West, a distance
  of 98.69 feet to an angle point;
         13.  North 13 degrees 43 minutes 23 seconds West, a distance
  of 98.15 feet to an angle point;
         14.  North 12 degrees 56 minutes 31 seconds West, a distance
  of 54.81 feet to an angle point;
         15.  North 12 degrees 46 minutes 28 seconds West, a distance
  of 880.82 feet to the intersection with the south R.O.W. of SH 249
  described as Parcel 340 in Third Amended Notice Of Lis Pendens
  recorded under G.C.C.F. 2019-301340;
         THENCE, along the line common to said south R.O.W. of SH 249
  (Parcel 340), said portion of the remainder of a 127.86 acre tract,
  said portion of the remainder of a 111.64 acre tract, said portion
  of the remainder of a 99.58 acre tract, said portion of the
  remainder of a 98.65 acre tract, said remainder of a 200 acre tract,
  and said 27.26 acre tract, the following fourteen (14) courses:
         1.  North 88 degrees 55 minutes 06 seconds East, a distance
  of 922.68 feet to the beginning of a curve to the right;
         2.  450.81 feet along the arc of said curve to the left having
  a radius of 3835.00 feet, a central angle of 06 degrees 44 minutes
  07 seconds and a chord that bears South 71 degrees 53 minutes 23
  seconds East, a distance of 450.55 feet to an angle point;
         3.  South 68 degrees 31 minutes 20 seconds East, a distance
  of 574.68 feet to the beginning of a curve to the left;
         4.  104.17 feet along the arc of said curve to the left having
  a radius of 4725.00 feet, a central angle of 01 degrees 15 minutes
  48 seconds and a chord that bears South 69 degrees 09 minutes 14
  seconds East, a distance of 104.17 feet to an angle point;
         5.  South 00 degrees 44 minutes 04 seconds West, a distance
  of 27.32 feet to the beginning of a curve to the left;
         6.  579.05 feet along the arc of said curve to the left having
  a radius of 4750.77 feet, a central angle of 06 degrees 59 minutes
  01 seconds and a chord that bears South 73 degrees 23 minutes 13
  seconds East, a distance of 578.69 feet to an angle point;
         7.  North 72 degrees 12 minutes 09 seconds East, a distance
  of 50.54 feet to the beginning of a curve to the left;
         8.  540.05 feet along the arc of said curve to the left having
  a radius of 4725.00 feet, a central angle of 06 degrees 32 minutes
  55 seconds and a chord that bears South 80 degrees 40 minutes 44
  seconds East, a distance of 539.76 feet to an angle point;
         9.  South 83 degrees 57 minutes 11 seconds East, a distance
  of 1586.77 feet to an angle point;
         10.  South 61 degrees 15 minutes 03 seconds East, a distance
  of 64.78 feet to an angle point;
         11.  South 83 degrees 57 minutes 11 seconds East, a distance
  of 1245.89 feet to an angle point;
         12.  South 45 degrees 34 minutes 53 seconds East, a distance
  of 76.09 feet to an angle point;
         13.  South 07 degrees 16 minutes 02 seconds East, a distance
  of 410.48 feet to the north line of said 27.26 acre tract;
         14.  North 82 degrees 43 minutes 58 seconds East, a distance
  of 10.00 feet to the northeast corner of said 27.26 acre tract,
  being on said west R.O.W. of FM 1774;
         THENCE, along the line common to said 27.26 acre tract, and
  said west R.O.W. of FM 1774, South 07 degrees 44 minutes 19 seconds
  East, a distance of 1299.80 feet to the POINT OF BEGINNING and
  containing 557.61 acres of land.
         Save and Except the following 18.97 acre tract of land:
         Being a tract of land containing 18.97 acres (826,327 square
  feet), located in the E.T. Estis Survey, A-194 in Grimes County,
  Texas; Said 18.97 acre tract being all of an 11.225 acre tract
  recorded in the name of Joseph Blake Maywald, Jr., under Grimes
  County Deed Record (G.C.D.R.) Vol. 968, Pg. 415, and all of a 7.752
  acre tract recorded in the name of Patricia Maywald Bradbury, under
  G.C.D.R. Vol. 968, Pg. 423; said 18.97 acre tract being more
  particularly described by metes and bounds as follows; bearings
  based on the Texas Coordinate system of 1983, Central Zone, per
  TxDOT Right-Of-Way (R.O.W.) Plans for SH 249.):
         COMMENCING at the southeast corner of a called 27.26 acre
  tract, recorded in the name of Marilyn Joyce Fuchs Knighten, under
  Grimes County Clerk's File (G.C.C.F.) No. 2022-326157, the
  northeast corner of a called 99.95 acre Tract 1 recorded, in the
  name of Robert E. Fuchs, under G.C.D.R. Vol. 1539, Pg. 785, said
  point being on the west R.O.W. of FM 1774 (100' wide per TxDOT
  R.O.W. Plans for Project C-1400-2-1 dated May 1954);
         THENCE, along the line common to said 27.26 acre tract, and
  said 99.95 acre Tract 1, South 84 degrees 08 minutes 27 seconds
  West, a distance of 917.54 feet to the most southerly southeast
  corner of a called 200 acre tract, recorded in the name of Marilyn
  Joyce Fuchs Knighten, under G.C.D.R. Vol. 654, Pg. 471;
         THENCE, through and across said 99.95 acre Tract 1, South 06
  degrees 17 minutes 47 seconds East, a distance of 207.49 feet to the
  northeast corner of said 7.752 acre tract, and the POINT OF
  BEGINNING;
         THENCE, along the line common to said 7.752 acre tract, said
  11.225 acre tract, and said 99.95 acre Tract 1, the following four
  (4) courses:
         1.  South 06 degrees 17 minutes 47 seconds East, a distance
  of 633.09 feet to the southeast corner of said 7.752 acre tract, and
  an angle point;
         2.  South 86 degrees 27 minutes 13 seconds West, a distance
  of 1320.97 feet to the southwest corner of said 11.225 acre tract,
  and an angle point;
         3.  North 03 degrees 30 minutes 34 seconds West, a distance
  of 633.49 feet to the northwest corner of said 11.225 acre tract,
  and an angle point;
         4.  North 86 degrees 30 minutes 13 seconds East, a distance
  of 1290.19 feet, to the POINT OF BEGINNING and containing 18.97
  acres of land.
         TRACT 2: 313.79 acres
         Being a tract of land containing 313.79 acres (13,668,645
  square feet), located in the Blake Brantley Survey, A-104, the Gwyn
  Morrison Survey, A-357, the Edley Montgomery Survey, A-355, in
  Grimes County, Texas; Said 313.79 acre tract being out of portion of
  the remainder of a called 127.86 acre tract, recorded in the name of
  SH 249 Development IV, LLC, under Grimes County Deed Record
  (G.C.D.R.) Vol. 1727, Pg. 349, and a portion of the remainder of a
  called 111.64 acre tract, recorded in the name of SH 249 Development
  III, LLC, under G.C.D.R. Vol. 1727, Pg. 331, and a portion of the
  remainder of a called 99.58 acre tract, recorded in the name of SH
  249 Development II, LLC, under G.C.D.R. Vol. 1727, Pg. 337, and a
  portion of the remainder of a called 98.65 acre tract, recorded in
  the name of SH 249 Development I, LLC, under G.C.D.R. Vol. 1727, Pg.
  343, the remainder of a called 15.54 acre tract, recorded in the
  name of Marilyn J. Knighten, Et. Al., under Grimes County Clerk's
  File (G.C.C.F.) No. 2022-326155, a called 13.82 acre tract being a
  portion of the remainder of a called 1196.3 acre tract recorded in
  the name of Marilyn Joyce Fuchs Knighten, under G.C.D.R. Vol. 227,
  Pg. 177, and a portion of a Save & Except Tract recorded in G.C.D.R.
  Vol. 654, Pg. 471, and a called 14.33 acre tract recorded in the
  name of Marilyn J. Knighten, Et. Al., under G.C.C.F.
  No. 2022-326156; said 313.79 acre tract being more particularly
  described by metes and bounds as follows (bearings based on the
  Texas Coordinate system of 1983, Central Zone, per TxDOT
  Right-Of-Way (R.O.W.) Plans for SH 249.):
         BEGINNING at the northeast corner of said 98.65 acre tract,
  and the northwest corner of a called 118.18 acre tract, recorded in
  the name of Abdul Aziz Al-Herqan, under G.C.D.R. Vol. 468, Pg. 358;
         THENCE, with the line common to said 98.65 acre tract, said
  118.18 acre tract, said 15.54 acre tract, said 13.82 acre tract,
  said remainder of a called 1196.3 acre tract, and said 14.33 acre
  tract, the following five (5) courses:
         1.  South 04 degrees 13 minutes 17 seconds East, a distance
  of 2894.79 feet to the southwest corner of said 118.18 acre tract,
  and the northwest corner of said 15.54 acre tract, and an angle
  point;
         2.  North 87 degrees 26 minutes 05 seconds East, a distance
  of 1654.01 feet to an angle point;
         3.  South 86 degrees 27 minutes 55 seconds East, a distance
  of 135.00 feet to an angle point;
         4.  South 68 degrees 12 minutes 55 seconds East, a distance
  of 100.50 feet to an angle point;
         5.  South 58 degrees 45 minutes 55 seconds East, a distance
  of 307.70 feet to the west Right-Of-Way (R.O.W.) of FM 1774 (100'
  wide per TxDOT R.O.W. Plans for Project C-1400-2-1 dated May 1954),
  and an angle point;
         THENCE, along the line common to said 14.33 acre tract, and
  said west R.O.W. of FM 1774, the following two (2) courses:
         1.  South 00 degrees 09 minutes 55 seconds East, a distance
  of 256.75 feet to an angle point;
         2.  South 01 degrees 34 minutes 37 seconds East, a distance
  of 78.24 feet to the southeast corner of said 14.33 acre tract, and
  the beginning of a No Access line for SH 249 described as Parcel 300
  (Part 1) in an Agreed Final Judgement recorded under G.C.C.F.
  2021-318166, and an angle point;
         THENCE, along the line common to said 14.33 acre tract, said
  remainder of a called 1196.3 acre tract, a portion of said remainder
  of a called 15.54 acre tract, said portion of the remainder of a
  98.65 acre tract, and said No Access line for SH 249, and a portion
  of the No Access line for SH 249 described as Parcel 340 in Third
  Amended Notice Of Lis Pendens recorded under G.C.C.F. 2019-301340,
  the following four (4) courses:
         1.  North 86 degrees 58 minutes 40 seconds West, a distance
  of 10.00 feet to the northeast corner of said remainder of a called
  1196.3 acre tract, being the beginning of a non-tangent curve to the
  left;
         2.  353.73 feet along the arc of said curve to the left having
  a radius of 1969.84 feet, a central angle of 10 degrees 17 minutes
  20 seconds and a chord that bears South 02 degrees 07 minutes 12
  seconds East, a distance of 353.26 feet to an angle point;
         3.  South 07 degrees 16 minutes 02 seconds East, a distance
  of 39.97 feet to an angle point;
         4.  South 44 degrees 25 minutes 07 seconds West, a distance
  of 59.60 feet to the north R.O.W. of SH 249, as described in said
  Parcel 340, and as described in said Parcel 300 (Part 2), and an
  angle point;
         THENCE, along the line common to said north R.O.W. of SH 249,
  as described in said Parcel 340 and as described in said Parcel 300
  (Part 2), said portion of the remainder of a 127.86 acre tract, said
  portion of the remainder of a 111.64 acre tract, said portion of the
  remainder of a 99.58 acre tract, said portion of the remainder of a
  98.65 acre tract, said portion a remainder of a 15.54 acre tract,
  and said remainder of a called 1196.3 acre tract, the following
  eight (8) courses:
         1.  North 83 degrees 53 minutes 11 seconds West, a distance
  of 1709.42 feet to an angle point;
         2.  South 69 degrees 41 minutes 06 seconds West, a distance
  of 60.78 feet to an angle point;
         3.  North 83 degrees 57 minutes 11 seconds West, a distance
  of 1034.30 feet to the beginning of a curve to the right;
         4.  1178.28 feet along the arc of said curve to the left
  having a radius of 4375.00 feet, a central angle of 15 degrees 25
  minutes 51 seconds and a chord that bears North 76 degrees 14
  minutes 16 seconds West, a distance of 1174.72 feet to an angle
  point;
         5.  North 68 degrees 31 minutes 20 seconds West, a distance
  of 574.68 feet to the beginning of a curve to the left;
         6.  853.80 feet along the arc of said curve to the left having
  a radius of 4185.00 feet, a central angle of 11 degrees 41 minutes
  21 seconds and a chord that bears North 74 degrees 22 minutes 00
  seconds West, a distance of 852.32 feet to an angle point;
         7.  North 74 degrees 05 minutes 25 seconds West, a distance
  of 322.83 feet to an angle point;
         8.  North 80 degrees 03 minutes 54 seconds West, a distance
  of 492.47 feet to the intersection with the easterly line of a 125'
  wide Union Pacific Railroad (U.P.RR.) R.O.W., and an angle point;
         THENCE, along the line common to said U.P.RR. R.O.W., and
  said portion of the remainder of a 127.86 acre tract, the following
  eleven (11) courses:
         1.  North 12 degrees 46 minutes 28 seconds West, a distance
  of 1305.09 feet to an angle point;
         2.  North 12 degrees 54 minutes 02 seconds West, a distance
  of 57.58 feet to an angle point;
         3.  North 13 degrees 26 minutes 26 seconds West, a distance
  of 97.28 feet to an angle point;
         4.  North 14 degrees 23 minutes 45 seconds West, a distance
  of 96.86 feet to an angle point;
         5.  North 15 degrees 50 minutes 20 seconds West, a distance
  of 98.90 feet to an angle point;
         6.  North 17 degrees 33 minutes 16 seconds West, a distance
  of 96.98 feet to an angle point;
         7.  North 19 degrees 38 minutes 05 seconds West, a distance
  of 94.13 feet to an angle point;
         8.  North 22 degrees 01 minutes 54 seconds West, a distance
  of 101.63 feet to an angle point;
         9.  North 25 degrees 10 minutes 43 seconds West, a distance
  of 101.28 feet to an angle point;
         10.  North 28 degrees 18 minutes 56 seconds West, a distance
  of 87.11 feet to an angle point;
         11.  North 29 degrees 44 minutes 22 seconds West, a distance
  of 58.52 feet to the northeast corner of said 127.86 acre tract,
  being the southwest corner of a called 61.00 acre tract recorded in
  the name of Thomas Sanford, under G.C.D.R. Vol. 1445, Pg. 554, and
  an angle point:
         THENCE, along the line common to said portion of the
  remainder of a 127.86 acre tract, said portion of the remainder of a
  111.64 acre tract, said portion of the remainder of a 99.58 acre
  tract, said portion of the remainder of a 98.65 acre tract, said
  61.00 acre tract, and a called 85.52 acre tract recorded in the name
  of Paul H. Miller and Jennifer H. Miller, under G.C.D.R. Vol. 1385,
  Pg. 770, the following two (2) courses:
         1.  North 83 degrees 00 minutes 50 seconds East, a distance
  of 4056.21 feet to an angle point;
         2.  North 85 degrees 31 minutes 22 seconds East, a distance
  of 313.85 feet to the POINT OF BEGINNING and containing 313.79 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
  7878A, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7878A.0307 to read as
  follows:
         Sec. 7878A.0307.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (b)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Section 17(c),
  Article I, Texas Constitution.
         SECTION 5.  This Act takes effect 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, 2023.