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A BILL TO BE ENTITLED
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AN ACT
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relating to the Open R Fresh Water Supply District of Caldwell |
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County; granting a limited power of eminent domain; providing |
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authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7994A to read as follows: |
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CHAPTER 7994A. OPEN R FRESH WATER SUPPLY DISTRICT OF CALDWELL |
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COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7994A.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Open R Fresh Water Supply |
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District of Caldwell County. |
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Sec. 7994A.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7994A.0103. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7994A.0104. DISTRICT TERRITORY. (a) The district is |
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composed of the territory described by Section 2 of the Act enacting |
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this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 7994A.0201. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7994A.0202. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7994A.0203. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, and |
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landscaping, in aid of those roads. |
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Sec. 7994A.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
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Sec. 7994A.0301. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section |
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7994A.0303. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7994A.0302. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7994A.0301, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7994A.0303. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS |
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Sec. 7994A.0401. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7994A.0402. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7994A.0403. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Open R Fresh Water Supply District of |
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Caldwell County includes all the territory contained in the |
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following area: |
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BEING a 10.00 acre tract of land situated in the William Morrison |
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Survey, Abstract Number 187, Caldwell County, Texas, being all of |
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tract of land described in the deed to Michael M. Reynolds, recorded |
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in Volume 130, Page 887, Official Public Records of Caldwell |
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County, Texas, said 10.00 acres being more particularly described |
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as follows; |
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COMMENCING at a found 3/8-inch iron rod with cap stamped "RPLS 454r |
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for the northeast corner of a tract of land described in the deed to |
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Jacob K. Hohertz recorded in Instrument Number 2015-004255, |
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Official Public Records of Caldwell County, Texas; |
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THENCE North 04 degrees 07 minutes 28 seconds West, a distance of |
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303.33 feet to a set 5/8-inch iron rod with cap stamped "DUNAWAY |
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ASSOC" for the POINT OF BEGINNING; |
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THENCE North 10 degrees 55 minutes 01 second West, a distance of |
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660.00 feet to a found 1/2-inch iron rod with cap stamped "UDG |
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#2433"; |
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THENCE North 79 degrees 04 minutes 59 seconds East, a distance of |
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660.00 feet to a found 1/2-inch iron rod with cap stamped "UDG |
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#2433"; |
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THENCE South 10 degrees 55 minutes 01 second East, a distance of |
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660.00 feet to set 5/8-inch iron rod with cap stamped "DUNAWAY |
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ASSOC"; |
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THENCE South 79 degrees 04 minutes 59 seconds West, a distance of |
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660.00 feet to the POINT OF BEGINNING. CONTAINING a computed area of |
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10.00 acres or 435,600 square feet of land, more or less. |
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METES AND BOUNDS (OVERALL) |
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BEING a 1,278.22 acre tract of land situated in the William Morrison |
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Survey, Abstract Number 187, the Ira Brisbee Survey, Abstract |
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No. 53 and the William Morrison Survey, Abstract Number 200, |
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Caldwell County, Texas, being all of tracts of land described as |
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Tracts 1, 2, 3, 4, 5, 7, 9, 10 and 11 in the deed to Open R. Family |
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Partnership, Ltd., recorded in Volume 536, Page 157, Official |
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Public Records of Caldwell County, Texas, and all of a tract of land |
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described in the deed to Michael M. Reynolds, recorded in Volume |
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130, Page 887, Official Public Records of Caldwell County, Texas, |
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said 1,278.22 acres being more particularly described as follows; |
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BEGINNING at a set 5/8-inch iron rod with cap stamped "DUNAWAY |
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ASSOC" at the intersection of the west right-of-way line of F.M. |
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2001 (80 foot wide) and the north right-of-way line of Bob White |
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Road (CR 232) |
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(undetermined width right-of-way); |
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THENCE South 80 degrees 13 minutes 21 seconds West, along the north |
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right-of-way line of Bob White Road, a distance of 3,378.55 feet to |
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a found 1/2-inch iron rod with cap (illegible) for the common south |
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corner of said Open R. Family Partnership, Ltd. tract and a tract of |
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land described in the deed to Jacob K. Hohertz recorded in |
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Instrument Number 2015-004255, Official Public Records of Caldwell |
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County, Texas; |
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THENCE North 09 degrees 31 minutes 05 seconds West, departing the |
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north right-of-way line of Bob White Road, along the east line of |
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said to Jacob K. Hohertz tract, a distance of 975.62 feet to a found |
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3/8- inch iron rod with cap stamped "RPLS 454?) for the northeast |
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corner of said to Jacob K. Hohertz tract; |
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THENCE South 78 degrees 45 minutes 59 seconds West, along the north |
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line of said to Jacob K. Hohertz tract, at a distance of 519.41 feet |
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passing a found 1/2-inch iron rod for the common north line of said |
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to Jacob K. Hohertz tract and a tract of land described in the deed |
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to Bob White Ranch Partners, LP, recorded in Instrument Number |
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2020-005485, Official Public Records of Caldwell County, Texas, |
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continuing along the north line of said Bob White Ranch Partners, LP |
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tract, in all a total distance of 5,150.26 feet to a found 1/2-inch |
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iron with cap stamped "UDG #2433" in the east right-of-way line of |
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F.M. 2720 (80 foot wide) being the northwest corner of said Bob |
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White Ranch Partners, LP tract; |
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THENCE North 41 degrees 18 minutes 01 second West, along the east |
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right-of-way line of F.M. 2720, a distance of 2,311.60 feet to a |
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found 1/2-inch iron rod with cap stamped "UDG #2433" for the |
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southwest corner of a tract of land described in the deed to Ranch |
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Road Bollinger, LLC, recorded in Instrument Number 2021-009404, |
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Official Public Records of Caldwell County, Texas; |
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THENCE North 59 degrees 03 minutes 35 seconds East, departing the |
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east right-of-way line of F.M. 2720 and along the south line of said |
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Ranch Road Bollinger, LLC tract, a distance of 2,317.52 feet to a |
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found stone mound for the southeast corner of said Ranch Road |
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Bollinger, LLC tract; |
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THENCE North 10 degrees 38 minutes 30 seconds West, along the east |
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line of said Ranch Road Bollinger, LLC tract, a distance of 1,714.09 |
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feet to a found 1/2-inch iron with cap stamped "UDG #2433" for the |
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common east corner of said Ranch Road Bollinger, LLC tract and a |
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tract of land described in the deed to Marshall G. Varner recorded |
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in Instrument Number 2021-004273, Official Public Records of |
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Caldwell County, Texas; |
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THENCE North 10 degrees 19 minutes 42 seconds West, along the east |
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line of said Marshall G. Varner tract, a distance of 1,082.15 feet |
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to a found mag nail in concrete around a fence post for the |
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southwest corner of a tract of land described in the deed to Uhland |
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High Ground Group, LLC recorded in Instrument Number 2021-007504, |
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Official Public Records of Caldwell County, Texas; |
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THENCE North 79 degrees 20 minutes 07 seconds East, departing the |
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east line of said Marshall G. Varner tract and with a south line of |
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said Uhland High Ground Group, LLC tract, a distance of 3,748.76 |
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feet to a found 3-inch metal fence post, for the southernmost |
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southeast corner of said Uhland High Ground Group, LLC tract; |
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THENCE North 10 degrees 28 minutes 44 seconds West, along an east |
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line of said Uhland High Ground Group, LLC tract, a distance of |
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2,039.59 feet to a point from which a found 1/2-iron rod bears South |
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78 degrees 38 minutes 59 seconds East, a distance of 0.39 feet, for |
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an interior ell corner of said Uhland High Ground Group, LLC tract; |
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THENCE North 74 degrees 44 minutes 07 seconds East, along a south |
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line of said Uhland High Ground Group, LLC tract, a distance of |
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3,318.07 feet to a set 5/8-inch iron rod with cap stamped "DUNAWAY |
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ASSOC" in the west right-of-way line of F.M. 2001 for the southeast |
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corner of said Uhland High Ground Group, LLC tract; |
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THENCE South 10 degrees 19 minutes 38 seconds East, along the west |
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right-of-way line of F.M. 2001, a distance of 803.75 feet to a set |
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5/8-inch iron rod with cap stamped "DUNAWAY ASSOC" for the |
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beginning of a circular curve to the left having a radius of |
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2,937.38 feet and whose chord bears South 20 degrees 39 minutes 23 |
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seconds East, a chord distance of 1,033.38 feet; |
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THENCE Southeasterly, along said circular curve to the left and |
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along the west right-of-way line of F.M. 2001, through a central |
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angle of 20 degrees 15 minutes 44 seconds, a distance of 1,038.78 |
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feet to a found broken concrete TXDOT monument at the end of said |
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curve; |
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THENCE South 30 degrees 34 minutes 49 seconds East, along the west |
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right-of-way line of F.M. 2001, a distance of 344.36 feet to a found |
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1/2-iron rod with cap stamped "UDG #2433" for the beginning of a |
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circular curve to the right having a radius of 2,796.29 feet and |
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whose chord bears South 20 degrees 25 minutes 48 seconds East, a |
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chord distance of 999.16 feet; |
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THENCE Southeasterly, along said circular curve to the right and |
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along the west right-of-way line of F.M. 2001, through a central |
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angle of 20 degrees 35 minutes 00 seconds, a distance of 1,004.55 |
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feet to a found 1/2-iron rod with cap stamped "UDG #2433" at the end |
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of said curve; |
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THENCE South 10 degrees 14 minutes 42 seconds East, along the west |
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right-of-way line of F.M. 2001, a distance of 150.11 feet to a found |
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5/8-iron rod (bent) for the northeast corner of a tract of land |
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described in the deed to Dora Cunningham recorded in Instrument |
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Number 140027, Official Public Records of Caldwell County, Texas; |
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THENCE South 80 degrees 22 minutes 10 seconds West, departing the |
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west right-of-way line of F.M. 2001 and along the north line of said |
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Dora Cunningham tract, a distance of 674.37 feet to a point from |
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which a found 5/8-iron rod bears South 08 degrees 38 minutes 30 |
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seconds West, a distance of 0.35 feet for the northwest corner of |
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said Dora Cunningham tract; |
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THENCE South 10 degrees 11 minutes 05 seconds East, along the west |
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line of said Dora Cunningham tract, at a deed distance of 216.09 |
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feet passing the common west corner of said Dora Cunningham tract |
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and a tract of land described in the deed to Allison Joyce and Jimmy |
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S. Moore Jr., recorded in Instrument Number 2019-003313, Official |
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Public Records of Caldwell County, Texas, continuing along the west |
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line of said Allison Joyce and Jimmy S. Moore Jr. tract, in all a |
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total distance of 926.23 feet to a found 1/2-iron rod with cap |
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stamped "UDG #2433" for the southwest corner of said Allison Joyce |
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and Jimmy S. Moore Jr. tract; |
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THENCE South 72 degrees 31 minutes 41 seconds East, along the south |
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line of said Allison Joyce and Jimmy S. Moore Jr. tract, a distance |
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of 740.92 feet to a found 5/8-inch iron rod in the west right-of-way |
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line of F.M. 2001 for the southeast corner of said Allison Joyce and |
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Jimmy S. Moore Jr. tract; |
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THENCE South 10 degrees 14 minutes 26 seconds East, along the west |
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right-of-way line of F.M. 2001, a distance of 1,103.31 feet to a |
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found 1/2-iron rod with cap stamped "UDG #2433"; |
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THENCE North 79 degrees 45 minutes 34 seconds East, along the west |
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right-of-way line of F.M. 2001, a distance of 20.00 feet to a set |
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5/8-inch iron rod with cap stamped "DUNAWAY ASSOC"; |
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THENCE South 10 degrees 14 minutes 26 seconds East, along the west |
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right-of-way line of F.M. 2001, a distance of 984.80 feet to a point |
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from which a found broken concrete TXDOT monument bears North 32 |
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degrees 05 minutes 26 seconds East, a distance of 1.36 feet; |
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THENCE South 10 degrees 49 minutes 27 seconds East, along the west |
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right-of-way line of F.M. 2001, a distance of 2,223.17 feet to a |
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point from which a found broken concrete TXDOT monument bears North |
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32 degrees 05 minutes 26 seconds East, a distance of 1.36 feet; |
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THENCE South 12 degrees 38 minutes 33 seconds East, along the west |
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right-of-way line of F.M. 2001, a distance of 15.80 feet to the |
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POINT OF BEGINNING. |
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CONTAINING a computed area of 1,278.22 acres or 55,679,090 square |
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feet of land, more or less. |
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SECTION 3. (a) All governmental and proprietary actions |
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and proceedings of the Open R Fresh Water Supply District of |
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Caldwell County taken before the effective date of this Act are |
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validated, ratified, and confirmed in all respects as of the dates |
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on which they occurred. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 4. (a) The legal notice of the intention to |
|
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introduce this Act, setting forth the general substance of this |
|
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
|
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 5. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter B, Chapter |
|
|
7994A, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 7994A.0205 to read as |
|
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follows: |
|
|
Sec. 7994A.0205. NO EMINENT DOMAIN POWER. The district may |
|
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not exercise the power of eminent domain. |
|
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(b) This section is not intended to be an expression of a |
|
|
legislative interpretation of the requirements of Section 17(c), |
|
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Article I, Texas Constitution. |
|
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
|
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Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2023. |