This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  By: Creighton S.B. No. 2574
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Montgomery County Municipal Utility
  District No. 228; 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 7969A to read as follows:
  CHAPTER 7969A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
  NO. 228
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 7969A.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 Montgomery County Municipal
  Utility District No. 228.
         Sec. 7969A.0102.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7969A.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. 7969A.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  7969A.0103 until each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located has
  consented by ordinance or resolution to the creation of the
  district and to the inclusion of land in the district.
         Sec. 7969A.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. 7969A.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. 7969A.0201.  GOVERNING BODY; TERMS.  (a)  The district
  is governed by a board of five elected directors.
         (b)  Except as provided by Section 7969A.0202, directors
  serve staggered four-year terms.
         Sec. 7969A.0202.  TEMPORARY DIRECTORS.  (a)  On or after
  September 1, 2023, 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 7969A.0103; or
               (2)  September 1, 2027.
         (c)  If permanent directors have not been elected under
  Section 7969A.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 7969A.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. 7969A.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7969A.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. 7969A.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. 7969A.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. 7969A.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. 7969A.0306.  DIVISION OF DISTRICT. (a)  The district
  may be divided into two or more new districts only if the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  This chapter applies to any new district created by the
  division of the district, and a new district has all the powers and
  duties of the district.
         (c)  Any new district created by the division of the district
  may 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.
         (d)  The board, on its own motion or on receipt of a petition
  signed by the owner or owners of a majority of the assessed value of
  the real property in the district, may adopt an order dividing the
  district.
         (e)  The board may adopt an order dividing the district
  before or after the date the board holds an election under Section
  7969A.0103 to confirm the district's creation.
         (f)  An order dividing the district shall:
               (1)  name each new district;
               (2)  include the metes and bounds description of the
  territory of each new district;
               (3)  appoint temporary directors for each new district;
  and
               (4)  provide for the division of assets and liabilities
  between or among the new districts.
         (g)  On or before the 30th day after the date of adoption of
  an order dividing the district, the district shall file the order
  with the commission and record the order in the real property
  records of each county in which the district is located.
         (h)  Any new district created by the division of the district
  shall hold a confirmation and directors' election as required by
  Section 7969A.0103.  If the voters of a new district do not confirm
  the creation of the new district, the assets, obligations,
  territory, and governance of the new district revert to the
  original district.
         (i)  If the creation of the new district is confirmed, the
  new district shall provide the election date and results to the
  commission.
         (j)  Municipal consent to the creation of the district and to
  the inclusion of land in the district granted under Section
  7969A.0104 acts as municipal consent to the creation of any new
  district created by the division of the district and to the
  inclusion of land in the new district.
         (k)  Any new district created by the division of the district
  must hold an election as required by this chapter to obtain voter
  approval before the district may impose a maintenance tax or issue
  bonds payable wholly or partly from ad valorem taxes.
         (l)  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.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 7969A.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
  7969A.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. 7969A.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 7969A.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. 7969A.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. 7969A.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. 7969A.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. 7969A.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 Montgomery County Municipal Utility District
  No. 228 initially includes all the territory contained in the
  following area:
  BEING a 319.424 acre tract of land situated in the Clark Beach
  Survey, Abstract Number 79, Montgomery County, Texas, being a
  portion of that certain called 1,278.671 acre tract described as
  "Parcel 2, Tract 1" in instrument to Atakapa, LLC., recorded under
  Clerk's File Number 2013016070 of the Official Public Records of
  Montgomery County, Texas (O.P.R.M.C.T.), and all of that certain
  tract described as "Tract 68, of Security Subdivision, described in
  instrument to Lone Star Timber II, LP, recorded under Clerk's File
  Number 200 I 106195, O.P.R.M.C.T., said 319.424 acre tract being
  more particularly described by metes and bounds as follows:
  BEGINNING at 5/8 inch iron rod found in the northeasterly margin of
  Crockett Martin Road for the common westerly comer of said Parcel 2,
  Tract 1 and that certain called 13.98 acre tract described in
  instrument to Tee Total Engineering Expectations, LLC., recorded
  under Clerk's File Number 2016093633, O.P.R.M.C.T., being a
  southwesterly corner of the herein described 319.424 acre tract;
  THENCE North 22°38'32" West, 4 I 8.13 feet, with the northeasterly
  margin of said Crockett Martin Road, a southwesterly I ine of said
  Parcel 2, Tract I, to a 1/2 inch iron rod with cap stamped "TPS I
  00834-00" set for an angle point in the northeasterly margin of said
  Crockett Martin Road, being an angle point in a southwesterly line
  of the herein described 31 9.424 acre tract;
  THENCE North 24°02'13" West, 163.31 feet, continuing with the
  northeasterly margin of said Crockett Martin Road, a southwesterly
  line of said Parcel 2, Tract I, to a 5/8 inch iron rod found for an
  angle point in the northeasterly margin of said Crockett Martin
  Road, being an angle point in a southwesterly line of the herein
  described 319.424 acre tract;
  THENCE North 24°51'II" West, 464.87 feet, continuing with the
  northeasterly margin of said Crockett Martin Road, a southwesterly
  line of said Parcel 2, Tract I, to a 5/8 inch iron rod with aluminum
  cap found at a 1 1/2 inch iron pipe for the common westerly comer of
  said Parcel 2, Tract I and that certain called 2.61 acre tract
  described in instrument to Anja C. Joyce and Kenton Joyce, recorded
  under Clerk's File Number 9813446 of the Real Property Records of
  Montgomery County, Texas (R.P.R.M.C.T.), being the westerly
  northwest comer of the herein described 319.424 acre tract;
  THENCE North 82°55'00" East, 281.41 feet, with the common line
  between said Parcel 2, Tract I and said 2.61 acre tract, to a 5/8
  inch iron rod with aluminum cap found at a I 1/2 inch iron pipe for
  the common easterly comer of said Parcel 2, Tract I and said 2.61
  acre tract, being an interior comer of the herein described 319.424
  acre tract;
  THENCE North 02°23'26" West, 319.49 feet, with the easterly line of
  said 2.61 acre tract and that certain called
  4.00 acre tract described in instrument to Anja C. Joyce and Kenton
  Joyce, recorded under Clerk's File Number 9802056, R.P.R.M.C.T.,
  common to a westerly line of said Parcel 2, Tract l, to a 1 1/2 inch
  iron pipe found for the common westerly corner of said Parcel 2,
  Tract I and the remainder of that certain called 1.56 acre tract
  described as "Tract One" in instrument to Enderli Family Living
  Trust, recorded under Clerk's File Number 2002026404,
  O.P.R.M.C.T., being a northwesterly corner of the herein described
  319.424 acre tract;
  THENCE North 87°30'12" East, 658.45 feet, with the southerly line of
  said remainder of 1.56 acre tract, and that certain called 2.46 acre
  tract described in instrument to Richard Ebert, recorded under
  Clerk's File Number 2006034086, O.P.R.M.C.T., common to a northerly
  line of said Parcel 2, Tract I, to a 1 inch iron pipe found for the
  common corner of said Parcel 2, Tract 1, said 2.46 acre tract, and
  that certain called 19 acre tract described in instrument to John
  Ganze, recorded under Clerk's File Number 20 I 5084061,
  O.P.R.M.C.T., being an angle point in a northerly line of the herein
  described 319.424 acre tract;
  THENCE North 85°37'24" East, 1,329.41 feet, with the common line
  between said Parcel 2, Tract 1 and said 19 acre tract, to a 1 inch
  pinched top iron pipe at a 1/2 inch iron rod found for a common
  corner of the same, being an interior corner of the herein described
  319.424 acre tract, from which a 1-1/2 inch iron pipe found for
  reference bears North 60°14' 16" East, 0.83 feet;
  THENCE North 03°09'58" West, 661.01 feet, continuing with said
  common line, to a l 1/2 inch iron pipe found for a common corner of
  the same, being an interior corner of the herein described 319.424
  acre tract;
  THENCE South 86°27'29" West, 1,321.54 feet, continuing with said
  common line, to a I inch iron pipe found in an easterly line of that
  certain called 3.12 acre tract described in instrument to Kelly
  Kenney, recorded under Clerk's File Number 2018073035,
  O.P.R.M.C.T., for the common westerly corner of said Parcel 2,
  Tract 1 and said 19 acre tract, being a southwesterly comer of the
  herein described 319.424 acre tract, from which a 2 inch iron pipe
  found for reference bears South 02°56'06" East, 38.45 feet;
  THENCE North 03°22'48" West, with the easterly line of said 3.12
  acre tract, that certain called 4.08 acre tract described in
  instrument to Sherry Navarro, recorded under Clerk's File Number
  2021025975, O.P.R.M.C.T., and that certain called 5.47 acre tract
  described in instrument to Sherry Brewer, recorded under Clerk's
  File Number 2021025976, O.P.R.M.C.T., common to a westerly line of
  said Parcel 2, Tract I, at a distance of 58.22 feet, pass a 11/2 inch
  iron pipe found for reference, at a distance of 58.82 feet, pass a
  3/8 inch iron rod found for the common easterly corner of said 3. 12
  acre tract and said 4.08 acre tract, at a distance of 278.14 feet,
  pass a 5/8 inch iron rod found for reference, at a distance of
  654.62 feet, pass a 2 inch iron pipe found for reference, in all, a
  total distance of
  660.48 feet, to a 5/8 inch iron rod with aluminum cap found at a l
  1/2 inch iron pipe in the southerly line of that certain called 5.05
  acre tract described as "Tract 2" in instrument to Douglas Edward
  Young, recorded under Clerk's File Number 99097271, R.P.R.M.C.T.,
  for the common northerly corner of said Parcel 2, Tract 1 and said
  5.47 acre tract, being a northwesterly corner of the herein
  described 319.424 acre tract;
  THENCE North 86°36'04" East, 660.46 feet, with the common line
  between said Parcel 2, Tract 1 and said 5.05 acre tract, to a 5/8
  inch iron rod with aluminum cap found at a I 1/2 inch iron pipe found
  for a common comer of the same, being an interior comer of the
  herein described 319.424 acre tract;
  THENCE North 03°15'45" West, 660.05 feet, with the easterly line of
  said 5.05 acre tract and that certain called
  11.64 acre tract described in instrument to Douglas Young, recorded
  under Clerk's File Number 2011098942, O.P.R.M.C.T., common to a
  westerly line of said Parcel 2, Tract 1, to a 1 1/2 inch iron pipe
  found for the common northerly comer of said Parcel 2, Tract 1 and
  said 11.64 acre tract, being a northwesterly comer of the herein
  described 319.424 acre tract, from which a 3/8 inch iron rod found
  for reference bears South 86°35'15" West, 1,087.27 feet;
  THENCE North 86°23'02" East, 1,975.99 feet, severing, over and
  across said Parcel 2, Tract 1, to a I 1/2 inch iron pipe found at a
  5/8 inch iron rod for the northwesterly corner of that certain tract
  described as "Tracts 55 and 58" of Security Subdivision, Section
  One, in instrument to Gary Mitchel Lippert, recorded under Clerk's
  File Number 2015112584, O.P.R.M.C.T., being a northeasterly corner
  of the herein described 3 I 9.424 acre tract;
  THENCE with the common line between said Parcel 2, Tract I and said
  Tracts 55 and 58, the following three (3) courses and distances:
  South 03°11'45" East, 656.19 feet, to a1/2 inch iron rod with cap
  stamped "TPS 100834-00" set for comer;
  North 87°11'48" East, 661.77 feet, to a1/2 inch iron rod with cap
  stamped "TPS 100834-00" set for comer;
  North 03°25'52" West, 662.49 feet, to a 1 inch iron pipe found for
  the northeasterly comer of said Tracts 55 and 58, being a
  northwesterly comer of the herein described 319.424 acre tract;
  THENCE North 86°39'04" East, 652.56 feet, severing, over and across
  said Parcel 2, Tract 1, to a1/2 inch iron rod with cap stamped "TPS
  100834-00" set for a northeasterly comer of the herein described
  319.424 acre tract;
  THENCE South 03°37'03" East, 2,642.97 feet, continuing, over and
  across said Parcel 2, Tract 1, to a 1 inch iron pipe found, bent, for
  the easterly common north comer of said Parcel 2, Tract 1, and that
  certain tract described as being Tract 120 of said Section 1, in
  instrument to Felix Canseco, recorded under Clerk's File Number
  8742170, R.P.R.M.C.T., being a southeasterly corner of the herein
  described 319.424 acre tract;
  THENCE with the common line between said Parcel 2, Tract I and said
  Canseco tract, the following three (3) courses and distances:
  South 86°27'22" West, 660.84 feet, to a 5/8 inch iron rod with cap
  found for comer;
  South 03°37'00" East, 329.72 feet, to a1/2 inch iron rod with cap
  stamped "TPS I 00834-00" set for comer;
  North 86°27'48" East, at a distance of 659.12 feet, pass a 1 inch
  iron pipe found, bent, for reference, in all, a total distance of
  660.85 feet, to a 1/2 inch iron rod with cap stamped "TPS 100834-00"
  set for the common southerly corner of said Parcel 2, Tract 1 and
  said Canseco tract, being the northeasterly corner of the herein
  described 319.424 acre tract;
  THENCE South 03°37'03" East, 1,034.68 feet, continuing across said
  Parcel 2, Tract I, to a1/2 inch iron rod with cap stamped "TPS
  100834-00" set in the northerly line of that certain called 4.00
  acre tract described in instrument to Joshua Kevin Perry, recorded
  under Clerk's File Number 2005129306, O.P.R.M.C.T., being a
  southeasterly corner of the herein described 319.424 acre tract,
  from which a 5/8 inch iron rod found for reference bears North
  86°39'34" East, 1, l 02.43 feet;
  THENCE South 86°39'34" West, 217.01 feet, with the common line
  between said Parcel 2, Tract 1 and said 4.00 acre tract, to a 1 1/2
  inch iron pipe found for a common comer of the same, being an
  interior corner of the herein described 319.424 acre tract;
  THENCE South 03°14'53" East, 681.43 feet, continuing with said
  common line, to a 5/8 inch iron rod found in the northerly margin of
  Farm to Market Road 2090 (F.M. 2090), for the common southerly comer
  of said Parcel 2, Tract I and said 4.00 acre tract, being the
  southerly southeast comer of the herein described 319.424 acre
  tract;
  THENCE North 77°10'20" West, 559.86 feet, with the northerly
  right-of-way of said F.M. 2090, a southerly line of said Parcel 2,
  Tract 1, to a 1/2 inch iron rod with cap stamped "TPS l 00834-00" set
  for the beginning of a curve to the left;
  THENCE Northwesterly, 809.97 feet, continuing with the northerly
  right-of-way of said F.M. 2090, a southerly line of said Parcel 2,
  Tract l, along the arc of said curve to the left, having a radius of
  5,779.81 feet, a central angle of 08°01'46", a chord that bears
  North 81°09'00" West, 809.31 feet, to a1/2 inch iron rod with cap
  stamped "TPS 100834-00" set for the common southerly comer of said
  Parcel 2, Tract I and that certain called 1.74 acre tract described
  in instrument to Innerfaith Disciple House, recorded under Clerk's
  File Number 20 I 8099589, O.P.R.M.C.T., being the most southerly
  southwest comer of the herein described 319.424 acre tract;
  THENCE North 03°37'57" West, 1,007.31 feet, with the easterly line
  of said I .74 acre tract and the remainder of that certain tract
  described as being Lots I 33 and 134 of said Section I, in
  instrument to Robert L. Bartlett, recorded under Clerk's File
  Number 2019030913, O.P.R.M.C.T., common to a westerly line of said
  Parcel 2, Tract I, to a 5/8 inch iron rod with aluminum cap found at
  a 1 1/2 inch iron pipe for the common northerly comer of said Parcel
  2, Tract I and said Bartlett tract, being an interior comer of the
  herein described 319.424 acre tract;
  THENCE South 86°53'08" West, 659.72 feet, with the northerly line of
  said Bartlett tract and that certain called 5.10 acre tract
  described as "Tract I" in instrument to John D. Mitchell, recorded
  under Clerk's File Number
  20 I 7066131, O.P.R.M.C.T., common to a southerly line of said
  Parcel 2, Tract 1, to a 5/8 inch iron rod with aluminum cap found at
  a l 1/2 inch iron pipe found for the common comer of said Parcel 2,
  Tract I, said 5.IO acre tract, and that certain called 28.112 acre
  tract described in instrument to Bobby Giles and Renata Giles,
  recorded under Clerk's File Number 2016011300, O.P.R.M.C.T., being
  an angle point in a southerly line of the herein described 319.424
  acre tract;
  THENCE South 87°19'09" West, 1,319.93 feet, with the common line
  between said Parcel 2, Tract 1 and said 28.112 acre tract, to a I
  inch pinched top iron pipe found at a 1 inch iron pipe found for the
  common comer of said Parcel 2, Tract I, said 28.112 acre tract, and
  said 13.98 acre tract, being an angle point in a southerly line of
  the herein described 3 I 9.424 acre tract;
  THENCE South 87°38'49" West, 1,024.19 feet, with the common line
  between said Parcel 2, Tract 1 and said 13.98 acre tract, to the
  POINT OF BEGINNING.
  CONTAINING a computed area of 319.424 acres of land within this
  Field Note Description Save and Except the following described
  5.090 acre tract:
  FIELD NOTE DESCRIPTION 5.090ACRES
  IN THE CLARK BEACH SURVEY, ABSTRACT NUMBER 79 MONTGOMERY COUNTY,
  TEXAS
  BEING a 5.090 acre tract of land situated in the Clark Beach Survey,
  Abstract Number 79, Montgomery County, Texas, being all of that
  same tract described as "Parcel I", being Farm Tract 75, of said
  Section 1, described in instrument to JBMG, LTD., recorded under
  Clerk's File Number 9569681, R.P.R.M.C.T., said 5.090 acre tract
  being more particularly described by metes and bounds as follows:
  BEGINNING at a 5/8 inch iron rod with aluminum cap found at a I inch
  pinched top iron pipe for the southerly common east corner of said
  Parcel 2, Tract I and said JBMG tract, being the southeasterly
  corner of the herein described 5.090 acre tract, from which a 1 inch
  iron pipe found, for the easterly common north comer of said Parcel
  2, Tract 1 and said Canseco tract bears South 48°23' 51" East,
  1,866.30 feet;
  THENCE with the common line between said Parcel 2, Tract 1 and said
  JBMG tract, the following four (4) courses and distances:
  South 86°34' 17" West, 657. IO feet, to a 1 inch pinched top iron
  pipe found, disturbed for comer, from which a I inch iron pipe found
  at a 1/2 inch iron rod found for the southerly common east corner of
  said Parcel 2, Tract I and said 19 acre tract bears South 41°635'3 I"
  West, 938.44 feet;
  North 04°19'03" West, 336.19 feet, to a 5/8 inch iron rod with cap
  found at a 1 inch iron pipe for comer;
  North 86°25' 10" East, 658.66 feet, to a 5/8 inch iron rod found at a
  1 inch iron pipe for comer;
  South 04°02'56" East, 337.92 feet, to the POINT OF BEGINNING.
  CONTAINING a computed area of 5.090 acres ofland within this Field
  Note Description Save and Except the following described 4.999 acre
  tract
  FIELD NOTE DESCRIPTION 4.999ACRES
  IN THE CLARK BEACH SURVEY, ABSTRACT NUMBER 79 MONTGOMERY COUNTY,
  TEXAS
  BEING a 4.999 acre tract of land situated in the Clark Beach Survey,
  Abstract Number 79, Montgomery County, Texas, being al I of that
  same tract described as being Farm Tract 108 of said Section I,
  described in instrument to Adeline A. Barnes, et al, recorded under
  Clerk's File Number 7506958, R.P.R.M.C.T., said 4.999 acre tract
  being more particularly described by metes and bounds as follows:
  BEGINNING at a 5/8 inch iron rod with aluminum cap at a I 1/2 inch
  iron pipe found for the easterly common south comer of said Parcel
  2, Tract I and said Barnes tract, being the southeasterly comer of
  the herein described 4.999 acre tract, from which a1/2 inch iron rod
  with cap stamped "TPS 100834-00" set for the westerly common south
  comer of said Parcel 2, Tract I and said Canseco tract bears South
  66°46'02" East, 739.05 feet;
  THENCE with the common line between said Parcel 2, Tract I and said
  Barnes tract, the following four (4) courses and distances:
  I)  South 86°39'47" West, 660.00 feet, to a 5/8 inch iron rod found
  at a I 1/2 inch iron pipe for comer, from which a 5/8 inch iron rod
  found in the northeasterly margin of said Crockett Martin Road for
  the common westerly comer of said Parcel 2, Tract 1 and said 13.98
  acre tract bears South 71°56'17" West, 2655.96 feet;
  North 03°24'08" West, 330.04 feet. to a 5/8 inch iron rod found at a
  I 1/2 inch iron pipe for comer;
  North 86°40'24" East, 659.95 feet, to a 5/8 inch iron rod with
  aluminum cap found at a I 1/2 inch iron pipe for comer;
  South 03°24'41" East, 329.92 feet, to the POINT OF BEGINNING.
  CONTAINING a computed area of 4.999 acres of land within this Field
  Note Description
  LEAVING a computed NET area of309.335 acres of land within this
  Field Note Description.
  This Field Note Description was prepared from a survey performed on
  the ground on April 1, 2021 by Texas Professional Surveying, LLC.,
  Registered Professional Land Surveyors and is referenced to Survey
  Drawing Project Number S458-103-SW S HALF.
  Bearings recited hereon are based on GPS observations and are
  referenced to the North American Datum (NAO) 1983, Texas State
  Plane Coordinate System, Central Zone (4203).
         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
  7969A, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7969A.0307 to read as
  follows:
         Sec. 7969A.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 September 1, 2023.