88(R) HB 5405 - Enrolled version



	H.B. No. 5405

AN ACT

relating to the conversion of the Legacy Water Control and

Improvement District to the Legacy Municipal Management District;

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. The Legacy Water Control and Improvement

District is converted to the Legacy Municipal Management District

and is governed by Chapter 4008, Special District Local Laws Code,

as added by this Act.

SECTION 2. Subtitle C, Title 4, Special District Local Laws

Code, is amended by adding Chapter 4008 to read as follows:

CHAPTER 4008. LEGACY MUNICIPAL MANAGEMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 4008.0101. DEFINITIONS. In this chapter:

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

(2) "County" means Webb County.

(3) "Director" means a board member.

(4) "District" means the Legacy Municipal Management

District, formerly the Legacy Water Control and Improvement

District.

Sec. 4008.0102. NATURE OF DISTRICT; CONVERSION. The Legacy

Municipal Management District is a special district created under

Section 59, Article XVI, Texas Constitution, as the Legacy Water

Control and Improvement District. The district is converted to a

municipal management district known as the Legacy Municipal

Management District under the same constitutional authority.

Sec. 4008.0103. PURPOSE; DECLARATION OF INTENT. (a) The

conversion and operation of the district are essential to

accomplish the purposes of Sections 52 and 52-a, Article III, and

Section 59, Article XVI, Texas Constitution, and other public

purposes stated in this chapter. By converting the district to a

municipal management district and in authorizing the county and

other political subdivisions to contract with the district, the

legislature has established a program to accomplish the public

purposes set out in Section 52-a, Article III, Texas Constitution.

(b) The conversion and operation of the district are

necessary to promote, develop, encourage, and maintain employment,

commerce, transportation, housing, tourism, recreation, the arts,

entertainment, economic development, safety, and the public

welfare in the district.

district may not be interpreted to relieve the county from

providing the level of services provided as of the effective date of

the Act enacting this chapter to the area in the district. The

district is created to supplement and not to supplant county

services provided in the district.

Sec. 4008.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.

(a) The district is converted to a municipal management district to

serve a public use and benefit.

(b) All land and other property included in the district

will benefit from the improvements and services to be provided by

the district under powers conferred by Sections 52 and 52-a,

Article III, and Section 59, Article XVI, Texas Constitution, and

other powers granted under this chapter.

public interest and is essential to further the public purposes of:

(1) developing and diversifying the economy of the

state;

(2) eliminating unemployment and underemployment; and

(3) developing or expanding transportation and

commerce.

(d) The district will:

(1) promote the health, safety, and general welfare of

residents, employers, potential employees, employees, visitors,

and consumers in the district, and of the public;

(2) provide needed funding for the district to

preserve, maintain, and enhance the economic health and vitality of

the district territory as a community and business center;

(3) promote the health, safety, welfare, and enjoyment

of the public by providing pedestrian ways and by landscaping and

developing certain areas in the district, which are necessary for

the restoration, preservation, and enhancement of scenic beauty;

and

(4) provide for water, wastewater, drainage, road, and

recreational facilities for the district.

(e) Pedestrian ways along or across a street, whether at

grade or above or below the surface, and street lighting, street

landscaping, parking, and street art objects are parts of and

necessary components of a street and are considered to be a street

or road improvement.

(f) The district will not act as the agent or

instrumentality of any private interest even though the district

will benefit many private interests as well as the public.

Sec. 4008.0105. INITIAL DISTRICT TERRITORY. (a) The

district is initially composed of the territory described by

Section 3 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 3 of

the Act enacting this chapter form a closure. A mistake 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 bonds for the purposes

for which the district is created or to pay the principal of and

interest on the bonds;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

Sec. 4008.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.

All or any part of the area of the district is eligible to be

included in:

(1) a tax increment reinvestment zone created under

Chapter 311, Tax Code; or

(2) a tax abatement reinvestment zone created under

Chapter 312, Tax Code.

Sec. 4008.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec. 4008.0108. CONSTRUCTION OF CHAPTER. This chapter

shall be liberally construed in conformity with the findings and

purposes stated in this chapter.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 4008.0201. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five directors.

(b) Directors serve staggered four-year terms.

Sec. 4008.0202. RECOMMENDATIONS FOR SUCCEEDING BOARD. (a)

The initial and each succeeding board of directors shall, and the

owners of a majority of the assessed value of property subject to

assessment by the district may, recommend to the governing body of

the county persons to serve on the succeeding board.

(b) After reviewing the recommendations, the governing body

shall approve or disapprove the directors recommended under

Subsection (a).

recommendations submitted under Subsection (a), the board, on the

request of the governing body, shall submit to the governing body

additional recommendations.

(d) Board members may serve successive terms.

Sec. 4008.0203. REMOVAL OF DIRECTOR. The governing body of

the county after notice and hearing may remove a director for

misconduct or failure to carry out the director's duties on

petition by a majority of the remaining directors.

Sec. 4008.0204. QUORUM. For purposes of determining the

requirements for a quorum of the board, the following are not

counted:

(1) a board position vacant for any reason, including

death, resignation, or disqualification; or

(2) a director who is abstaining from participation in

a vote because of a conflict of interest.

Sec. 4008.0205. COMPENSATION. A director is entitled to

receive fees of office and reimbursement for actual expenses as

provided by Section 49.060, Water Code. Sections 375.069 and

375.070, Local Government Code, do not apply to the board.

Sec. 4008.0206. INITIAL DIRECTORS ON CONVERSION TO

MANAGEMENT DISTRICT. (a) On the conversion of the district to a

management district the initial board consists of the following

directors:

Pos. No.

Name of Director

Richard Jones

Michael Olson

Melissa Johnson

Kathleen Walker

William Baize

(b) Notwithstanding Section 4008.0201, of the initial

directors, the terms of directors appointed for positions one, two,

and three expire June 1, 2024, and the terms of directors appointed

for positions four and five expire June 1, 2026.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 4008.0301. GENERAL POWERS AND DUTIES. The district

has the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 4008.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The

district, using any money available to the district for the

purpose, may provide, design, construct, acquire, improve,

relocate, operate, maintain, or finance an improvement project or

service authorized under this chapter or Chapter 375, Local

Government Code.

(b) The district may contract with a governmental or private

entity to carry out an action under Subsection (a).

governmental function or service for the purposes of Chapter 791,

Government Code.

Sec. 4008.0303. LAW ENFORCEMENT SERVICES. To protect the

public interest, the district may contract with a qualified party,

including the county, to provide law enforcement services in the

district for a fee.

Sec. 4008.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.

The district may join and pay dues to a charitable or nonprofit

organization that performs a service or provides an activity

consistent with the furtherance of a district purpose.

Sec. 4008.0305. ECONOMIC DEVELOPMENT PROGRAMS. (a) The

district may engage in activities that accomplish the economic

development purposes of the district.

(b) The district may establish and provide for the

administration of one or more programs to promote state or local

economic development and to stimulate business and commercial

activity in the district, including programs to:

(1) make loans and grants of public money; and

(2) provide district personnel and services.

and exercise the economic development powers provided to

municipalities by:

(1) Chapter 380, Local Government Code; and

(2) Subchapter A, Chapter 1509, Government Code.

Sec. 4008.0306. PARKING FACILITIES. (a) The district may

acquire, lease as lessor or lessee, construct, develop, own,

operate, and maintain parking facilities or a system of parking

facilities, including lots, garages, parking terminals, or other

structures or accommodations for parking motor vehicles off the

streets and related appurtenances.

(b) The district's parking facilities serve the public

purposes of the district and are owned, used, and held for a public

purpose even if leased or operated by a private entity for a term of

years.

necessary components of a street and are considered to be a street

or road improvement.

(d) The development and operation of the district's parking

facilities may be considered an economic development program.

Sec. 4008.0307. ADDING OR EXCLUDING LAND. The district may

add or exclude land in the manner provided by Subchapter J, Chapter

49, Water Code, or by Subchapter H, Chapter 54, Water Code.

Sec. 4008.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The

board by resolution shall establish the number of directors'

signatures and the procedure required for a disbursement or

transfer of district money.

Sec. 4008.0309. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

SUBCHAPTER D. ASSESSMENTS

Sec. 4008.0401. PETITION REQUIRED FOR FINANCING SERVICES

AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a

service or improvement project with assessments under this chapter

unless a written petition requesting that service or improvement

has been filed with the board.

(b) A petition filed under Subsection (a) must be signed by

the owners of a majority of the assessed value of real property in

the district subject to assessment according to the most recent

certified tax appraisal roll for the county.

Sec. 4008.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)

The board by resolution may impose and collect an assessment for any

purpose authorized by this chapter in all or any part of the

district.

(b) An assessment, a reassessment, or an assessment

resulting from an addition to or correction of the assessment roll

by the district, penalties and interest on an assessment or

reassessment, an expense of collection, and reasonable attorney's

fees incurred by the district:

(1) are a first and prior lien against the property

assessed;

(2) are superior to any other lien or claim other than

a lien or claim for county, school district, or municipal ad valorem

taxes; and

(3) are the personal liability of and a charge against

the owners of the property even if the owners are not named in the

assessment proceedings.

resolution imposing the assessment until the date the assessment is

paid. The board may enforce the lien in the same manner that the

board may enforce an ad valorem tax lien against real property.

(d) The board may make a correction to or deletion from the

assessment roll that does not increase the amount of assessment of

any parcel of land without providing notice and holding a hearing in

the manner required for additional assessments.

SUBCHAPTER E. TAXES AND BONDS

Sec. 4008.0501. TAX ELECTION REQUIRED. (a) The district

must hold an election in the manner provided by Chapter 49, Water

Code, or, if applicable, Chapter 375, Local Government Code, to

obtain voter approval before the district may impose an ad valorem

tax.

(b) Section 375.243, Local Government Code, does not apply

to the district.

Sec. 4008.0502. OPERATION AND MAINTENANCE TAX. (a) If

authorized by a majority of the district voters voting at an

election under or in accordance with Section 4008.0501, the

district may impose an operation and maintenance tax on taxable

property in the district in the manner provided by or in accordance

with Section 49.107, Water Code, for any district purpose,

including to:

(1) maintain and operate the district;

(2) construct or acquire improvements; or

(3) provide a service.

(b) The district may impose an operation and maintenance tax

previously approved by a majority of the voters of the former Legacy

Water Control and Improvement District.

tax rate. The rate may not exceed:

(1) if the district has not held an election under

Subsection (a), the rate approved at an election described by

Subsection (b); or

(2) if the district has held an election under

Subsection (a), the rate approved at that election.

Sec. 4008.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE

BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on

terms determined by the board.

(b) The district may issue bonds, notes, or other

obligations payable wholly or partly from ad valorem taxes,

assessments, impact fees, revenue, contract payments, grants, or

other district money, or any combination of those sources of money,

to pay for any authorized district purpose.

Sec. 4008.0504. OBLIGATIONS SECURED BY REVENUE OR CONTRACT

PAYMENTS. The district may issue, without an election, bonds,

notes, and other obligations secured by:

(1) revenue other than ad valorem taxes, including

contract revenues; or

(2) contract payments, provided that the requirements

of Section 49.108, Water Code, have been met.

Sec. 4008.0505. BONDS SECURED BY AD VALOREM TAXES;

ELECTIONS. (a) If authorized at an election under Section

4008.0501, the district may issue bonds payable from ad valorem

taxes.

(b) 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 annual ad valorem tax, without

limit as to rate or amount, for each year that all or part of the

bonds are outstanding as required and in the manner provided by

Sections 54.601 and 54.602, Water Code.

may be acquired by a district by the issuance of its bonds may be

submitted as a single proposition or as several propositions to be

voted on at the election.

Sec. 4008.0506. CONSENT OF COUNTY REQUIRED. (a) The board

may not issue bonds until the county has consented by resolution to

the conversion of the Legacy Water Control and Improvement District

to a municipal management district and to the inclusion of land in

the district.

(b) This section applies only to the district's first

issuance of bonds payable from ad valorem taxes.

SUBCHAPTER I. DISSOLUTION AND MUNICIPAL ANNEXATION

Sec. 4008.0901. DISSOLUTION. (a) The board shall dissolve

the district on written petition filed with the board by the owners

of:

(1) at least two-thirds of the assessed value of the

property subject to assessment by the district based on the most

recent certified county property tax rolls; or

(2) at least two-thirds of the surface area of the

district, excluding roads, streets, highways, utility

rights-of-way, other public areas, and other property exempt from

assessment by the district according to the most recent certified

county property tax rolls.

(b) The board by majority vote may dissolve the district at

any time.

Subsection (a) or (b) if the district:

(1) has any outstanding bonded indebtedness until that

bonded indebtedness has been repaid or defeased in accordance with

the order or resolution authorizing the issuance of the bonds;

(2) has a contractual obligation to pay money until

that obligation has been fully paid in accordance with the

contract; or

(3) owns, operates, or maintains public works,

facilities, or improvements unless the district contracts with

another person for the ownership, operation, or maintenance of the

public works, facilities, or improvements.

(d) Sections 375.261, 375.262, and 375.264, Local

Government Code, do not apply to the district.

Sec. 4008.0902. MUNICIPAL ANNEXATION. The district is a

"water or sewer district" under Section 43.071, Local Government

Code.

SECTION 3. The Legacy Municipal Management District

initially includes all territory contained in the following area:

Pilas Tract: Being a tract or parcel containing 3,971.307

acres (172,990,131 square feet) of land situated in Webb County,

Texas and being all of a called 1,613.545 acre tract described in

deed to Huisache Cattle Company, Ltd. recorded in Volume 645, Page,

72 of the Webb County Deed Records (having 9.217 acres (401,478

square feet) within the right-of-way of U.S. Highway 83 per

right-of-way map of State Highway No.(4) U.S. 83, File Number

SP718F - Control 37-10-1 and being combined with all of a called

2,357.64 acres described in deed to Huisache Cattle Company, Ltd.

recorded in Volume 87, Page 876 of the Webb County Deed Records,

said 3,971.307 acres tract being more particularly described by

metes and bounds as follows: (Bearings cited herein are based on the

Texas State Plane Coordinate System, South Zone, NAD 83, are

surface and may be converted to grid applying a combined scale

factor of 1.00003144444054)

BEGINNING at a point in the centerline of U.S. Highway 83,

north line of Section 1712 and the south line of Section 1932 for

the northwest corner of the herein described tract;

THENCE, North 89°57'16" East, along the north line of Section

1712 and the south line of Section 1932, at a distance of 50.21 feet

passing a fence on the east right-of-way line of said U.S. Highway

83, continuing for a total distance of 1,520.63 feet to a point for

corner;

THENCE, North 89°53'33" East, a distance of 10,741.46 feet to

a point in the west line of Section Number 161 for the southeast

corner of Section Number 1864, the northwest corner of said called

2,357.64 acre tract, the northeast corner of Section Number 1711

and said called 1,613.545 acre tract and an angle corner of the

herein described tract;

THENCE, North 65°39'04" East, a distance of 30.49 feet to a

point for corner;

THENCE, North 89°33'48" East, a distance of 4,238.72 feet to a

found 1/2-inch iron rod marking an angle corner of the herein

described tract;

THENCE, South 01°13'56" West, a distance of 218.76 feet to a

point for corner;

THENCE, South 16°54'50" East, a distance of 1,161.67 feet to a

found 1/2-inch iron rod marking an angle corner of the herein

described tract;

THENCE, South 88°10'20" East, a distance of 5,602.88 feet to a

fence corner in the west line of the Missouri Railroad right-of-way

line marking the northeast corner of said called 2,357.64 acre

tract and of the herein described tract;

THENCE, South 04°24'06" West, a distance of 1,545.87 feet to a

point for corner;

THENCE, South 06°21'24" West, a distance of 401.86 feet to a

point for corner;

THENCE, South 10°41'28" West, a distance of 415.71 feet to a

point for corner;

THENCE, South 13°24'58" West, a distance of 258.75 feet to a

point for corner;

THENCE, South 15°19'45" West, a distance of 8,091.98 feet to a

found magnail in fence line marking the southeast corner of said

called 2,357.64 acre tract and of the herein described tract;

THENCE, South 89°57'45" West, a distance of 2,483.67 feet to a

1/2-inch iron rod in the east line of Section Number 1321 marking

the northwest corner of Section Number 302, the southwest corner of

Section Number 301 and an angle corner of the herein described

tract;

THENCE, South 00°31'20" East, along the east line of Section

Number 1321 and the west line of Section Number 302, a distance of

1,202.46 feet to a fence corner marking the northeast corner of

Section Number 1322, the southeast corner of Section Number 1321

and an angle corner of the herein described tract;

THENCE, South 89°32'30" West, along the north line of Section

Number 1322, the south line of Section Number 1321, a distance of

4,733.14 feet to a fence corner marking the most southeasterly

northeast corner of Section Number 2311, the southwest corner of

Section Number 1321 and an angle corner of the herein described

tract;

THENCE, North 00°15'07" West, along the east line of Section

Number 2311 and the west line of Section Number 1321, a distance of

762.70 feet to a found 2-inch iron pipe marking the northeast corner

of Section Number 2311, the southeast corner of Section Number 739

and an angle corner of the herein described tract;

THENCE, North 09°40'01" East, along the east line of Section

Number 739 and the west line of Section Number 132,1 a distance of

5,475.68 feet to a fence corner in the south line of Section Number

162 marking the northeast corner of Section Number 739, the

northwest corner of Section Number 1321 and an angle corner of the

herein described tract;

THENCE, South 89°47'03" West, along the south line of Section

Number 162 and the north line of Section Number 739, a distance of

1,428.41 feet to a fence corner marking the southwest corner of

Section Number 162 and an angle corner of the herein described

tract;

THENCE, North 00°10'20" West, a distance of 71.90 feet to a

fence corner marking the southeast corner of Section Number 1711

and an angle corner of the herein described tract;

THENCE, North 80°11'08" West, along the south line of Section

Numbers 1711 and 1712, along the north line of Section Numbers 739,

1711 and 430, a distance of 11,354.62 feet to a found 5/8-inch iron

rod with plastic cap stamped "Howland Survey" marking the northwest

corner of Section Number 430, the northeast corner of Section

Number 429 and an angle corner of the herein described tract;

THENCE, North 80°01'11" West, along the north line of Section

Number 429 and the south line of Section Number 1712, a distance of

693.31 feet to a point in the centerline of U.S. Highway 83 for the

southwest corner of the herein described tract;

THENCE, North 05°09'04" West, along the centerline of U.S.

Highway 83, a distance of 4,835.30 feet to the POINT OF BEGINNING

and containing 3,971.307 acres (172,990,131 square feet) of land.

Colorados Tract: Being a tract or parcel containing 2809.853

acres (122,397,204 square feet) of land situated in Webb County,

Texas and being the remainder of a called 6,354.8676 acre tract

described in deed to Huisache Cattle Company, Ltd. Recorded in

Volume 1109, Page, 632 of the Webb County Deed Records (having 7.474

acres (325,559 square feet) within the right-of-way of U.S. Highway

83 per right-of-way map of State Highway No.(4) U.S. 83, File Number

SP718F - Control 37-10-1), said 2809.853 acres tract being more

particularly described by metes and bounds as follows: (Bearings

cited herein are based on the Texas State Plane Coordinate System,

South Zone, NAD 83, are surface and may be converted to grid

applying a combined scale factor of 1.00003144444054)

BEGINNING at a fence corner in the west line of Section Number

429, the northeast corner of Section Number 431, the southeast

corner of Section Number 432, the southwest corner of a 60 foot wide

access lane connecting with U.S. Highway 83, an angle corner and

POINT OF BEGINNING of the herein described tract;

THENCE, North 09°59'17" East, along the east line of Section

Number 432 and the west line of Section Number 429, a distance of

30.00 feet to a point for corner;

THENCE, South 79°48'51" East, along the center of said 60 foot

wide access lane, a distance of 5,442.91 feet to a point in the west

right-of-way line of U.S. Highway 83 for the northeast corner of the

herein described tract;

THENCE with the west right-of-way line of U.S. Highway 83 the

following seven (7) courses and distances:

South 05°07'37" East, a distance of 130.69 feet to a point for

corner;

South 84°52'23" West, a distance of 100.00 feet to a point for

corner;

South 05°07'37' East, a distance of 700.00 feet to a point for

corner;

North 84°52'23" East, a distance of 100.00 feet to a point of

corner;

South 05°07'37" East, a distance of 300.00 feet to a point for

corner;

South 84°52'23" West, a distance of 10.00 feet to a point for

corner;

South 05°07'37" East, a distance of 857.39 feet to a point in

the south line of Section 430 and the north line of Section Number

427 for corner;

THENCE, South 80°03'43" East, along the south line of Section

430 and the north line of Section Number 427, a distance of 113.92

feet to a point in the east right-of-way line of U.S. Highway 83 for

corner;

THENCE with the east right-of-way line of U.S. Highway 83 the

following five (5) courses and distances:

South 05°07'37" East, a distance of 1,213.00 feet to a point

for corner;

North 84°52'23" East, a distance of 100.00 feet to a point for

corner;

South 05°07'37" East, a distance of 600.00 feet to a point for

corner;

South 84°52'23" West, a distance of 100.00 feet to a point for

corner;

South 05°07'37" East, a distance of 509.15 feet to a point of

intersection with the east line of Section Number 427 and the west

line of Section Number 428 for corner;

THENCE, South 09°56'17" West, crossing U.S. Highway 83 with

the east line of Section Number 427 and the west line of Section

Number 428, a distance of 384.74 feet to a point in the west

right-of-way line of U.S. Highway 83 for corner;

THENCE with the west right-of-way line of U.S. Highway 83 the

following five (5) courses and distances:

South 05°07'37" East, a distance of 3,709.34 feet to a point

for corner;

South 84°52'23" West, a distance of 200.00 feet to a point for

corner;

South 05°07'37" East, a distance of 20.00 feet to a point for

corner;

North 84°52'23" East, a distance of 200.00 feet to a point for

corner;

South 05°14'13" East, a distance of 1,851.67 feet to a point

in the north right-of-way line of State Highway 255 (Camino

Colombia Toll Road) for the southeast corner of the herein

described tract;

THENCE with the north right-of-way line of State Highway 255

(Camino Colombia Toll Road) the following three (3) courses and

distances:

South 66°09'45" West, a distance of 1,170.41 feet to a point

for corner;

South 69°13'50" West, a distance of 5,500.00 feet to a point

for corner;

South 73°38'56" West, a distance of 1009.82 feet to a point in

the west right-of-way line of Jefferies Road (40 foot wide) for the

southwest corner of the herein described tract;

THENCE, North 21°46'40" West, along the west right-of-way

line of Jefferies Road, a distance of 2,101.65 feet to a point for

corner;

THENCE, North 21°46'40" West, continuing along the west

right-of-way line of Jefferies Road, a distance of 5,282.14 feet to

a point for corner;

THENCE, North 21°44'42" West, a distance of 39.79 feet to a

point for corner;

THENCE, North 68°10'39" East, a distance of 41.03 feet to a

point for corner;

THENCE, North 21°15'49" West, a distance of 5,690.77 feet to a

fence corner in the west line of Section 431 and for the southeast

corner of Section Number 433, the northeast corner of Section

Number 437, the most southerly corner of Section Number 2148, and an

angle corner of the herein described tract;

THENCE, North 10°08'29" East, along the east line of Section

Number 2148 and the west line of Section Number 431, a distance of

2,654.82 feet to a point for corner;

THENCE, South 79°44'21" East, along the south line of Section

Number 432 and the north line of Section Number 431, a distance of

2,670.37 feet to a point for corner;

THENCE, South 79°55'39" East, continuing along the south line

of Section Number 432 and the north line of Section Number 431, a

distance of 2,621.70 feet to the POINT OF BEGINNING and containing

2809.853 acres (122,397,204 square feet) of land.

Mary Kay Tract: Being a tract or parcel containing 2,828.368

acres (123,203,717 square feet) of land situated in Webb County,

Texas and being all of a called 2,827.868 acre tract described in

deed to Simeon Escondido, LLC recorded in Volume 5058, Page, 145 of

the Official Public Records of Webb County (having 8.764 acres

(381,751 square feet) within the right-of-way of U.S. Highway 83

per right-of-way map of State Highway No.(4) U.S. 83, File Number

SP718F - Control 37-10-1), said 2,828.37 acres tract being more

particularly described by metes and bounds as follows: (Bearings

cited herein are based on the Texas State Plane Coordinate System,

South Zone, NAD 83, are surface and may be converted to grid

applying a combined scale factor of 1.00003144444054)

BEGINNING at a fence corner marking the northwest corner of a

called 2,079.865 acre tract described in deed to Huisache Cattle

Company, Ltd. recorded in Volume 166, Page 832 of the Webb County

Deed Records and the northwest corner of Section Number 365;

THENCE, North 89°46'52" East, a distance of 4,226.45 feet to a

fence corner marking the northeast corner of Section Number 365;

THENCE, North 00°15'28" West, a distance of 1,766.62 feet to a

found 1/2-inch iron rod marking the northwest corner of Section

Number 364;

THENCE, North 89°49'03" East, a distance of 6,325.20 feet to a

found 1/2-inch iron rod in the west right-of-way line of Missouri

Pacific Railway and marking the northwest corner of Section Number

364 and the northeast corner of said called 2,079.865 acre tract;

THENCE along said west right-of-way line of Missouri Pacific

Railway the following three (3) courses and distances:

South 15°15'10" West, a distance of 975.41 feet to a fence

corner;

South 15°22'36" West, a distance of 5,850.97 feet to a fence

corner;

South 15°14'37" West, a distance of 4,422.42 feet to a found

1/2-inch iron rod marking the intersection of said west

right-of-way line of Missouri Pacific Railway and the north

right-of-way line of Webb Road (variable width) marking the

southeast corner of said called 2,079.865 acre tract;

THENCE along said north right-of-way line of Webb Road the

following sixteen (16) courses and distances:

South 89°09'29" West, a distance of 1,193.75 feet to a point

for corner;

North 58°07'19" West, a distance of 103.62 feet to a point for

corner;

South 89°39'12" West, a distance of 2,146.38 feet to a point

for corner;

North 50°14'54" West, a distance of 17.15 feet to a point for

corner;

North 66°50'21" West, a distance of 190.16 feet to a point for

corner;

North 61°02'47" West, a distance of 784.40 feet to a point for

corner;

North 59°54'12" West, a distance of 852.49 feet to a point for

corner;

North 55°19'56" West, a distance of 298.30 feet to a point for

corner;

North 85°28'43" West, a distance of 130.46 feet to a point for

corner;

South 82°11'14" West, a distance of 370.50 feet to a point for

corner;

North 86°09'22" West, a distance of 93.50 feet to a point for

corner;

North 78°36'04" West, a distance of 493.77 feet to a point for

corner;

North 71°50'14" West, a distance of 76.42 feet to a point for

corner;

North 61°10'29" West, a distance of 446.90 feet to a point for

corner;

North 47°43'13" West, a distance of 623.92 feet to a fence

corner;

North 86°18'49" West, a distance of 1,355.92 feet to a point

in an east line of a called 748.003 acre tract described in deed to

Huisache Cattle Company, Ltd. recorded in Volume 166, Page 832 of

the Webb County Deed Records and the southwest corner of said called

2,079.865 acre tract;

THENCE, South 02°36'57" West, over and across said Webb Road,

a distance of 47.72 feet to a point in the south right-of-way line

of said Webb Road;

THENCE along said south right-of-way line of Webb Road the

following three (3) courses and distances:

North 80°08'21" West, a distance of 1,032.58 feet;

North 80°13'29" West, a distance of 32.50 feet;

North 73°38'40" West, a distance of 3,821.11 feet to a point

for the intersection of said Webb Road and the centerline of U.S.

Highway 83 (variable width) for the southwest corner of said called

748.003 acre tract;

THENCE, North 05°10'00" West, along said centerline of U.S.

Highway 83, a distance of 5,896.54 feet to a point for the northwest

corner of said called 748.003 acre tract;

THENCE, South 80°01'13" East, a distance of 6,230.95 feet to a

fence corner;

THENCE, North 08°49'51" East, a distance of 1,159.98 feet to

the POINT OF BEGINNING and containing 2,828.368 acres (123,203,717

square feet) of land.

Webb Tract: Being a tract or parcel containing 1,696.848

acres (73,914,677 square feet) of land situated in Webb County,

Texas and being out of and a part of a called 1,822.50 acre tract

described in deed to Huisache Cattle Company, Ltd. recorded in

Volume 841, Page, 814 of the Webb County Deed Records, said

1,696.848 acres tract being more particularly described by metes

and bounds as follows: (Bearings cited herein are based on the Texas

State Plane Coordinate System, South Zone, NAD 83, are surface and

may be converted to grid applying a combined scale factor of

1.00003144444054)

BEGINNING at a fence corner marking the common corners of

Section Number 362, 363, 1606, 1593 and an angle corner of the

herein described tract;

THENCE, North 89°25'08" West, a distance of 1,318.28 feet to a

found 1/2-inch iron rod in the east right-of-way line of Interstate

Highway 35 (variable width) marking the southwest corner of the

herein described tract;

THENCE with said east right-of-way line of Interstate Highway

35 the following nine (9) courses and distances:

North 12°32'12" East, a distance of 1,260.55 feet to a fence

post for corner and beginning of a curve to the left;

Northeasterly, along a non-tangent curve to the left, having

a radius of 1,948.57 feet, with an arc length of 422.06 feet, a

chord bearing and distance of North 06°18'36" East, 421.24 feet to a

fence post for corner;

North 00°00'40" East, a distance of 296.40 feet to a fence

post for corner;

North 66°59'21" East, a distance of 40.19 feet to a fence post

for corner;

North 12°08'53" East, a distance of 70.85 feet to a fence post

for corner;

North 48°56'46" West, a distance of 64.62 feet to a fence post

for corner and the beginning of a curve to the right;

Northeasterly, along a non-tangent curve to the right, having

a radius of 1,888.99 feet, with an arc length of 374.29 feet, a

chord bearing and distance of North 09°43'00" East, 373.68 feet to a

fence post for corner;

North 15°17'07" East, a distance of 610.18 feet to a fence

post for corner;

North 15°18'24" East, a distance of 495.69 feet to a fence

post for the northwest corner of the herein described tract;

THENCE, North 89°29'54" East, a distance of 15,726.16 feet to

a fence post for the northeast corner of the herein described tract;

THENCE, South 00°32'58" East, a distance of 1,914.30 feet to a

fence post for corner;

THENCE, South 89°29'51" West, a distance of 6,231.04 feet to a

fence post for corner;

THENCE, South 00°12'48" East, a distance of 5,187.59 feet to a

fence post for the southeast corner of Section Number 1963 and the

herein described tract;

THENCE, North 89°46'59" West, a distance of 1,927.01 feet to a

fence post for corner;

THENCE, South 00°26'24" East, a distance of 187.62 feet to a

fence post for corner;

THENCE, North 89°57'49" West, a distance of 1,596.00 feet to a

fence post for corner;

THENCE, North 69°14'50" West, a distance of 5,746.17 feet to a

fence post for corner;

THENCE, North 00°05'46" East, a distance of 1,640.56 feet to

the POINT OF BEGINNING and containing 1,696.848 acres (73,914,677

square feet) of land.

SECTION 4. The Legacy Municipal Management District retains

all rights, powers, privileges, authority, duties, and functions

that the Legacy Water Control and Improvement District had before

the effective date of this Act, except as otherwise expressly

provided by Chapter 4008, Special District Local Laws Code, as

added by this Act.

SECTION 5. (a) The legislature validates and confirms all

governmental acts and proceedings of the Legacy Water Control and

Improvement District that were taken before the effective date of

this Act.

(b) This section does not apply to any matter that on the

effective date of this Act:

(1) is involved in litigation if the litigation

ultimately results in the matter being held invalid by a final court

judgment; or

(2) has been held invalid by a final court judgment.

SECTION 6. (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.

its recommendations relating to this Act with the governor,

lieutenant governor, and speaker of the house of representatives

within the required time.

(d) The general law relating to consent by political

subdivisions to the creation of districts with conservation,

reclamation, and road powers and the inclusion of land in those

districts has been complied with.

(e) 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 have been

fulfilled and accomplished.

SECTION 7. 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. 5405 was passed by the House on May

12, 2023, by the following vote: Yeas 100, Nays 40, 2 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 5405 on May 26, 2023, by the following vote: Yeas 104, Nays 36,

1 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 5405 was passed by the Senate, with

amendments, on May 24, 2023, by the following vote: Yeas 29, Nays

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor