H.B. No. 5384
 
 
 
 
AN ACT
  relating to the creation of the Harris-Waller Counties Municipal
  Utility District No. 9; 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 7996A to read as follows:
  CHAPTER 7996A. HARRIS-WALLER COUNTIES MUNICIPAL UTILITY DISTRICT
  NO. 9
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 7996A.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-Waller Counties
  Municipal Utility District No. 9.
         Sec. 7996A.0102.  NATURE OF DISTRICT. The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7996A.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. 7996A.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  7996A.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
  general law.
         Sec. 7996A.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. 7996A.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. 7996A.0201.  GOVERNING BODY; TERMS. (a) The district
  is governed by a board of five elected directors.
         (b)  Except as provided by Section 7996A.0202, directors
  serve staggered four-year terms.
         Sec. 7996A.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 7996A.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 7996A.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 7996A.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. 7996A.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7996A.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. 7996A.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. 7996A.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. 7996A.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. 7996A.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 shall:
               (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 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 the
  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.
         (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 continue to rely on confirmation,
  directors', bond, or tax elections held prior to the division.
         (m)  Municipal consent to the creation of the district and to
  the inclusion of land in the district 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. 7996A.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
  7996A.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. 7996A.0402.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held under Section 7996A.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. 7996A.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. 7996A.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. 7996A.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. 7996A.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-Waller Counties Municipal Utility
  District No. 9 initially includes all the territory contained in
  the following area:
         Being 1,977 acres of land located in the B.B.B. & C. RR. Co.
  Survey, Abstract No. 171, the Henry Trott Survey, Abstract
  No. 1589, the B.B.B. & C. RR. Co. Survey, Abstract No. 170, the
  B.B.B. & C. RR. Co. Survey, Abstract No. 169, and the C.A. Willis
  Survey, Abstract No. 888, in Harris County, Texas, and in the
  B.B.B. & C. RR. Co. Survey, Abstract No. 94, the John Tom Survey,
  Abstract No. 265, the Henry Trott Survey, Abstract No. 267, the
  C.A. Willis Survey, Abstract No. 276, the Shubal Marsh Survey,
  Abstract No. 217, and the S. Haddi Survey, Abstract No. 135, in
  Waller County, Texas; said 1,977 acres being a portion of a called
  405.431 acre tract of land (Tract 2), all of a called 264.755 acre
  tract of land (Tract 5), and all of a called 289.8972 acre tract of
  land (Tract 8) conveyed to Bud Adams Ranches, Inc. in Volume 458,
  Page 249 of the Deed Records of Harris County (D.R.H.C.), all of a
  called 20.00 acre tract of land conveyed to Amy Adams Strunk in C.F.
  No. U924028 of the Official Public Records of Real Property of
  Harris County (O.P.R.R.P.H.C.), all of a called 8.43 acre tract of
  land conveyed to Bud Adams Ranches, Inc. in Volume 476, Page 547 of
  the Deed Records of Waller County (D.R.W.C.), all of a called 50
  acre tract of land (Tract I), all of a called 72 acre tract of land
  (Tract II), all of a called 110 acre tract of land (Tract III), all
  of a called 69-3/4 acre tract of land (Tract IV), all of a called 150
  acre tract of land (Tract V), and all of a called 106 acre tract of
  land (Tract VI) conveyed to KSA Industries, Inc in Volume 606, Page
  493 of the D.R.W.C. and in C.F. No. T455463 of the O.P.R.R.P.H.C., a
  portion of a called 351 acre tract of land conveyed to Bud Adams
  Ranches, Inc. in Volume 3595, Page 305 of the D.R.H.C., and all of a
  called 85.129 acre tract of land conveyed to Bud Adams Ranches, Inc.
  in Volume 481, Page 657 of the D.R.W.C.; said 1,977 acres being more
  particularly described in two tracts by metes and bounds as follows
  (all bearings are referenced to the north line of aforesaid 351 acre
  tract - S88°30'00"E):
         Tract One - 726 Acres:
         Beginning at the southwest corner of said 289.8972 acre tract
  and the most southerly southeast corner of a called 497.398 acre
  tract of land conveyed to Robert Humphrey and wife, Paulette
  Humphrey in C.F. No. V354202 of the O.P.R.R.P.H.C., and being on
  the northerly right-of-way line of Mayer Road (width varies);
         Thence, with the common line of said 289.8972 acre tract and
  said 497.398 acre tract, the following twelve (12) courses:
  1.  North 01 degrees 05 minutes 00 seconds West, a distance of
  1,798.10 feet;
  2.  North 45 degrees 27 minutes 00 seconds East, a distance of
  423.00 feet;
  3.  North 58 degrees 11 minutes 00 seconds West, a distance of
  367.10 feet;
  4.  North 01 degrees 05 minutes 00 seconds West, a distance of
  1,202.70 feet;
  5.  South 73 degrees 24 minutes 52 seconds East, a distance of
  378.81 feet;
  6.  South 77 degrees 48 minutes 49 seconds East, a distance of
  371.24 feet;
  7.  South 65 degrees 57 minutes 46 seconds East, a distance of 48.12
  feet;
  8.  South 88 degrees 34 minutes 00 seconds East, a distance of
  1,154.00 feet;
  9.  North 07 degrees 02 minutes 00 seconds East, a distance of
  141.00 feet;
  10.  South 88 degrees 54 minutes 00 seconds East, a distance of
  420.10 feet;
  11.  South 07 degrees 02 minutes 00 seconds West, a distance of
  211.00 feet;
  12.  South 88 degrees 55 minutes 00 seconds East, a distance of
  984.22 feet to the most easterly southeast corner of said 497.398
  acre tract and an exterior corner of aforesaid 405.431 acre tract;
  13  Thence, with the common line of said 405.431 acre tract and said
  497.398 acre tract, North 01 degrees 17 minutes 00 seconds West, a
  distance of 763.36 feet to the centerline of Spring Creek and being
  on the common Harris and Waller County line;
         Thence, with the common line of said 405.431 acre tract, the
  497.398 acre tract, the centerline of Spring Creek, and said Harris
  and Waller County line, the following twenty two (22) courses:
  14.  North 42 degrees 41 minutes 55 seconds West, a distance of
  230.66 feet;
  15.  North 04 degrees 43 minutes 00 seconds East, a distance of
  237.00 feet;
  16.  North 05 degrees 47 minutes 00 seconds West, a distance of
  224.00 feet;
  17.  North 13 degrees 43 minutes 00 seconds East, a distance of
  126.00 feet;
  18.  North 58 degrees 13 minutes 00 seconds East, a distance of
  161.50 feet;
  19.  North 50 degrees 47 minutes 00 seconds West, a distance of
  199.00 feet;
  20.  South 83 degrees 28 minutes 00 seconds West, a distance of
  365.00 feet;
  21.  North 86 degrees 17 minutes 00 seconds West, a distance of
  126.00 feet;
  22.  South 40 degrees 13 minutes 00 seconds West, a distance of
  58.00 feet;
  23.  North 73 degrees 17 minutes 00 seconds West, a distance of
  137.00 feet;
  24.  North 29 degrees 58 minutes 00 seconds East, a distance of
  111.00 feet;
  25.  North 56 degrees 17 minutes 00 seconds West, a distance of
  86.00 feet;
  26.  North 32 degrees 32 minutes 00 seconds West, a distance of
  178.00 feet;
  27.  North 15 degrees 17 minutes 00 seconds West, a distance of
  84.00 feet;
  28.  North 07 degrees 43 minutes 00 seconds East, a distance of
  148.00 feet;
  29.  North 21 degrees 43 minutes 00 seconds East, a distance of
  230.00 feet;
  30.  North 39 degrees 43 minutes 00 seconds East, a distance of
  66.00 feet;
  31.  North 26 degrees 43 minutes 00 seconds East, a distance of
  109.00 feet;
  32.  North 05 degrees 13 minutes 00 seconds East, a distance of
  145.00 feet;
  33.  North 62 degrees 17 minutes 00 seconds West, a distance of
  87.00 feet;
  34.  North 42 degrees 32 minutes 00 seconds West, a distance of
  50.00 feet;
  35.  North 03 degrees 47 minutes 00 seconds West, a distance of
  119.00 feet to the northwest corner of said 405.431 acre tract, the
  northeast corner of said 497.398 acre tract, and being on the
  southerly line of a called 78.0467 acre tract of land conveyed to
  Triple W Ranch, LLC. in C.F. No. 1408094 of the Official Public
  Records of Waller County (O.P.R.W.C.);
  36.  Thence, with the common line of said 405.431 acre tract and
  said 78.0467 acre tract, North 89 degrees 39 minutes 56 seconds
  East, a distance of 674.87 feet to the southeast corner of said
  78.0467 acre tract and the southwest corner of aforesaid 8.43 acre
  tract;
  37.  Thence, with the common line of said 78.0467 acre tract and
  said 8.43 acre tract, North 00 degrees 03 minutes 28 seconds West, a
  distance of 502.41 feet to the northwest corner of said 8.43 acre
  tract and the southwest corner of a called 56.030 acre tract of land
  conveyed to Triple W Ranch, LLC. in C.F. No. 1800040 of the
  O.P.R.W.C.;
  38.  Thence, with the common line of said 8.43 acre tract and said
  56.030 acre tract, North 89 degrees 29 minutes 45 seconds East, a
  distance of 725.12 feet to the northeast corner of said 8.43 acre
  tract and the most westerly northwest corner of a called 53.4218
  acre tract of land conveyed to Triple W Ranch, LLC. in C.F.
  No. 2011973 of the O.P.R.W.C.;
  39.  Thence, with the easterly line of said 8.43 acre tract, the
  westerly line of said 53.4218 acre tract, and an easterly line of
  aforesaid 405.431 acre tract, South 00 degrees 31 minutes 49
  seconds East, a distance of 1,247.21 feet to the southwest corner of
  said 53.4218 acre tract and an interior corner of said 405.431 acre
  tract;
  40.  Thence, with the northerly line of said 405.431 acre tract,
  the southerly line of said 53.4218 acre tract, and the southerly
  line of the remainder of a called 78.85 acre tract of land conveyed
  to AM Ford Holdings, LLC. in C.F. No. 1901151 of the O.P.R.W.C.,
  North 89 degrees 06 minutes 00 seconds East, a distance of 2,545.00
  feet to the northeast corner of said 405.431 acre tract, the
  southeast corner of said remainder tract, and being on the westerly
  right-of-way line of Fields Store Road (width varies);
         Thence, with the common easterly line of said 405.431 acre
  tract and said westerly right-of-way line of Fields Store Road, the
  following fifteen (15) courses:
  41.  South 00 degrees 13 minutes 00 seconds West, a distance of
  1,432.50 feet;
  42.  South 02 degrees 02 minutes 00 seconds East, a distance of
  207.00 feet;
  43.  South 01 degrees 47 minutes 00 seconds East, a distance of
  1,553.00 feet;
  44.  South 05 degrees 17 minutes 15 seconds East, a distance of
  154.00 feet;
  45.  South 13 degrees 26 minutes 20 seconds East, a distance of
  108.49 feet;
  46.  South 18 degrees 17 minutes 00 seconds East, a distance of
  76.50 feet;
  47.  South 24 degrees 02 minutes 00 seconds East, a distance of
  268.50 feet;
  48.  South 14 degrees 32 minutes 00 seconds East, a distance of
  113.30 feet;
  49.  South 09 degrees 17 minutes 00 seconds East, a distance of
  105.00 feet;
  50.  South 04 degrees 13 minutes 00 seconds West, a distance of
  51.00 feet;
  51.  South 08 degrees 13 minutes 00 seconds West, a distance of
  100.00 feet;
  52.  South 09 degrees 43 minutes 00 seconds West, a distance of
  226.00 feet;
  53.  South 10 degrees 43 minutes 00 seconds West, a distance of
  102.42 feet;
  54.  South 00 degrees 21 minutes 46 seconds West, a distance of
  1,052.66 feet
  55.  451.48 feet along the arc of a curve to the right, said curve
  having a central angle of 82 degrees 57 minutes 20 seconds, a radius
  of 311.83 feet and a chord that bears South 41 degrees 50 minutes 26
  seconds West, a distance of 413.07 feet;
  56.  Thence, with the common southerly line of said 405.431 acre
  tract, the southerly line of aforesaid 20.00 acre tract, the
  southerly line of aforesaid 289.8972 acre tract, the northerly
  right-of-way line of said Fields Store Road, and the northerly
  right-of-way line of Mayer Road (width varies), North 88 degrees 30
  minutes 00 seconds West, a distance of 4,954.00 feet;
  57.  Thence, continuing with the common southerly line of said
  405.531 acre tract and the northerly right-of-way line of said
  Mayer Road, North 02 degrees 55 minutes 00 seconds West, a distance
  of 247.50 feet;
  58.  Thence, continuing with said common line, North 87 degrees 13
  minutes 00 seconds West, a distance of 1,291.09 feet to the Point of
  Beginning and containing 726 acres of land in Tract One.
         Tract Two - 1,251 Acres:
         Beginning at the southwest corner of a aforesaid 351 acre
  tract, being at the intersection of the northerly right-of-way line
  of Castle Road (width varies) and the easterly right-of-way line of
  Fields Store Road (width varies);
  1.  Thence, with the common westerly line of said 351 acre tract and
  the easterly right-of-way line of Fields Store Road, North 00
  degrees 05 minutes 41 seconds West, a distance of 5,320.25 feet to
  the northwest corner of said 351 acre tract, being on the southerly
  right-of-way line of said Fields Store Road;
         Thence, with the northerly line of said 351 acre tract, the
  westerly line of aforesaid 150 acre tract, and the southerly and
  easterly right-of-way line of said Fields Store Road, the following
  six (6) courses:
  2.  South 88 degrees 30 minutes 00 seconds East, a distance of
  2,133.29 feet;
  3.  542.83 feet along the arc of a curve to the left, said curve
  having a central angle of 83 degrees 38 minutes 45 seconds, a radius
  of 371.83 feet and a chord that bears North 42 degrees 11 minutes 08
  seconds East, a distance of 495.89 feet;
  4.  North 00 degrees 21 minutes 46 seconds East, a distance of
  897.57 feet;
  5.  216.58 feet along the arc of a curve to the right, said curve
  having a central angle of 10 degrees 24 minutes 42 seconds, a radius
  of 1,191.84 feet and a chord that bears North 05 degrees 34 minutes
  07 seconds East, a distance of 216.28 feet;
  6.  North 10 degrees 46 minutes 27 seconds East, a distance of
  300.89 feet;
  7.  325.47 feet along the arc of a curve to the left, said curve
  having a central angle of 30 degrees 50 minutes 32 seconds, a radius
  of 604.63 feet and a chord that bears North 04 degrees 38 minutes 49
  seconds West, a distance of 321.56 feet to the northwest corner of
  said 150 acre tract and the southwest corner of a called 38.992 acre
  tract of land conveyed to Hsiao-Yi Lee, et al, in C.F. No. 1808263
  of the O.P.R.W.C.;
  8.  Thence, with the common northerly line of said 150 acre tract
  and the southerly line of said 38.992 acre tract, South 88 degrees
  46 minutes 28 seconds East, a distance of 1,637.04 feet to the
  southeast corner of said 38.992 acre tract and the southwest corner
  of aforesaid 72 acre tract;
  9.  Thence, with the easterly line of said 38.9612 acre tract, the
  westerly line of said 72 acre tract, the westerly line of aforesaid
  85.129 acre tract, and the easterly line of a called 13.8691 acre
  tract of land conveyed to Roy N. Stephenson in C.F. No. 185595 of
  the O.P.R.W.C., North 00 degrees 16 minutes 56 seconds West, a
  distance of 2,866.34 feet to the northeast corner of said 13.8691
  acre tract and the southeast corner of the remainder of a called
  20.00 acre tract of land conveyed to Alton R. Wilson and wife, Sue
  Ann Wilson in C.F. No.107959 of the O.P.R.W.C.;
  10.  Thence, with the westerly line of said 85.129 acre tract, the
  easterly line of said remainder tract, and the easterly line of a
  called 5.9895 acre tract of land conveyed to Acie Elmo Craig, Jr. in
  C.F. No.1104368 of the O.P.R.W.C., North 01 degrees 07 minutes 19
  seconds West, a distance of 937.76 feet to the northeast corner of
  said 5.985 acre tract and an interior corner of said 85.129 acre
  tract;
  11.  Thence, with the common southerly line of said 85.129 acre
  tract and the northerly line of said 5.985 acre tract, North 89
  degrees 33 minutes 07 seconds West, a distance of 189.64 feet;
  12.  Thence, continuing with said common line, and the northerly
  line of the remainder of a called 15.000 acre tract conveyed to Acie
  Elmo Craig, Jr. in C.F. No. 981047 of the O.P.R.W.C., South 89
  degrees 38 minutes 24 seconds West, a distance of 1,619.91 feet to
  the northwest corner of said remainder tract, the most northerly
  southwest corner of said 85.129 acre tract, and being on the
  easterly right-of-way line of aforesaid Fields Store Road;
  13.  Thence, with the westerly line of said 85.129 acre tract, the
  westerly line of aforesaid 264.755 acre tract, and the easterly
  right-of-way line of said Fields Store Road, North 00 degrees 06
  minutes 36 seconds West, a distance of 1,678.83 feet to the
  northwest corner of said 264.755 acre tract and the southwest
  corner of a called 125.00 acre tract of land conveyed to Lawrence
  Falk in C.F. No.1986149602 of the O.P.R.W.C.;
         Thence, with the common northerly line of said 264.755 acre
  tract and the southerly line of said 125.00 acre tract, the
  following three (3) courses:
  14.  North 89 degrees 20 minutes 08 seconds East, a distance of
  2,772.50 feet;
  15.  South 26 degrees 39 minutes 52 seconds East, a distance of
  631.39 feet;
  16.  North 63 degrees 20 minutes 08 seconds East, a distance of
  2,076.94 feet to the most easterly corner of said 125.00 acre tract,
  the most northerly corner of said 264.755 acre tract, and being on
  the westerly line of a tract of land conveyed to Sharon Enid
  Peterson Clark Oster in C.F. No. 180557 of the O.P.R.W.C.;
  17.  Thence, with the easterly line of said 264.755 acre tract, the
  westerly line of said Oster Tract, and the westerly line of a tract
  of land conveyed to Grainger Waller County Land and Cattle, LLC. in
  C.F. No. 1406891 of the O.P.R.W.C., South 26 degrees 39 minutes 52
  seconds East, a distance of 420.00 feet;
  18.  Thence, with the common easterly line of said 264.755 acre
  tract and the westerly line of said Grainger tract, South 63 degrees
  20 minutes 08 seconds West, a distance of 463.06 feet;
  19.  Thence, continuing with said common line, South 01 degrees 00
  minutes 08 seconds West, a distance of 4,160.54 feet to the
  southeast corner of said 264.755 acre tract, the southwest corner
  of said Grainger tract, and being on the northerly line of a called
  226.0 acre tract of land conveyed to New Waverly Sound Investments,
  LLC. in C.F. No. 610668 of the O.P.R.W.C.;
  20.  Thence, with the southerly line of said 264.755 acre tract and
  the northerly line of said 226.0 acre tract, North 89 degrees 58
  minutes 52 seconds West, a distance of 37.45 feet to the northeast
  corner of aforesaid 72 acre tract;
  21.  Thence, with the common easterly line of said 72 acre tract and
  the westerly line of said 226.0 acre tract, South 00 degrees 18
  minutes 34 seconds East, a distance of 1,147.71 feet to the
  southeast corner of said 72 acre tract and an interior corner of
  said 226.0 acre tract;
  22.  Thence, with the common southerly line of said 72 acre tract
  and the northerly line of said 226.0 acre tract, South 89 degrees 23
  minutes 32 seconds West, a distance of 259.50 feet to the northwest
  corner of said 226.0 acre tract and the northeast corner of
  aforesaid 150 acre tract;
  23.  Thence, with the common east line of said 150 acre tract and
  the west line of said 226.0 acre tract, South 00 degrees 05 minutes
  35 seconds East, a distance of 1,573.65 feet to the southwest corner
  of said 226.0 acre tract and the southeast corner of said 150 acre
  tract, being on the northerly line of a called 207.6 acre tract of
  land (Tract 1) conveyed to Houston Trust Company in C.F.
  No. 20100434611 of the O.P.R.R.P.H.C.;
  24.  Thence, with the common southerly line of said 150 acre tract
  and the northerly line of said 207.6 acre tract, North 89 degrees 16
  minutes 54 seconds West, a distance of 1,074.12 feet to the
  northwest corner of said 207.6 acre tract and the northeast corner
  of aforesaid 110 acre tract;
  25.  Thence, with the common easterly line of said 110 acre tract
  and the westerly line of said 207.6 acre tract, South 01 degrees 02
  minutes 24 seconds East, a distance of 2,908.63 feet to the
  southeast corner of said 110 acre tract and an interior corner of
  said 207.6 acre tract;
  26.  Thence, with the common southerly line of said 110 acre tract
  and the northerly line of said 207.6 acre tract, North 89 degrees 33
  minutes 44 seconds West, a distance of 535.02 feet to the northeast
  corner of aforesaid 50 acre tract;
  27.  Thence, with the easterly line of said 50 acre tract, the
  easterly line of aforesaid 69-3/4 acre tract, and the westerly line
  of said 207.6 acre tract, South 00 degrees 34 minutes 29 seconds
  East, a distance of 2,839.39 feet to the southeast corner of said
  69-3/4 acre tract, the southwest corner of said 207.6 acre tract,
  and being on the northerly right-of-way line of aforesaid Castle
  Road;
  28.  Thence, with the southerly line of said 69-3/4 acre tract, the
  southerly line of aforesaid 106 acre tract, the southerly line of
  aforesaid 351 acre tract, and the northerly right-of-way line of
  said Castle Road, South 89 degrees 58 minutes 09 seconds West, a
  distance of 5,102.76 feet to the Point of Beginning and containing
  1,251 acres of land in Tract Two.
         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
  7996A, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7996A.0307 to read as
  follows:
         Sec. 7996A.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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 5384 was passed by the House on May 9,
  2023, by the following vote:  Yeas 108, Nays 34, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 5384 was passed by the Senate on May
  21, 2023, by the following vote:  Yeas 27, Nays 4.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor