By: Nichols  S.B. No. 2580
         (In the Senate - Filed March 23, 2023; March 30, 2023, read
  first time and referred to Committee on Local Government;
  April 24, 2023, reported favorably by the following vote:  Yeas 8,
  Nays 0; April 24, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the creation of the Liberty County Municipal Utility
  District No. 12; 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 7977A to read as follows:
  CHAPTER 7977A. LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 12
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 7977A.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 Liberty County Municipal
  Utility District No. 12.
         Sec. 7977A.0102.  NATURE OF DISTRICT. The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7977A.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. 7977A.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  7977A.0103 until each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located has
  consented by ordinance or resolution to the creation of the
  district and to the inclusion of land in the district as required by
  applicable law.
         Sec. 7977A.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. 7977A.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. 7977A.0201.  GOVERNING BODY; TERMS. (a) The district
  is governed by a board of five elected directors.
         (b)  Except as provided by Section 7977A.0202, directors
  serve staggered four-year terms.
         Sec. 7977A.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 7977A.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 7977A.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 7977A.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. 7977A.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7977A.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. 7977A.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. 7977A.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. 7977A.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. 7977A.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. 7977A.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
  7977A.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. 7977A.0402.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held under Section 7977A.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. 7977A.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. 7977A.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. 7977A.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. 7977A.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 Liberty County Municipal Utility District
  No. 12 initially includes all the territory contained in the
  following area:
         TRACT 1 - 460.66 Acres
         480.66 ACRES OF LAND, SITUATED IN THE F.J. C. SMILEY SURVEY,
  ABSTRACT 345, LIBERTY COUNTY, TEXAS, BEING A PART OF THAT CERTAIN
  590.04 ACRE TRACT DESCRIBED AS TRACT THREE IN A DEED FROM
  INTERNATIONAL PAPER REALTY CORPORATION TO COPPER STATION HOLDINGS,
  LLC RECORDED IN LIBERTY COUNTY CLERK'S FILE 2005004984, SAID 480.66
  ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
         BEGINNING at a concrete monument stamped "CP&F L-160" found
  for the lower Northwest corner of the herein described tract at an
  ell corner of said 590.04 acre tract, the Northeast corner of
  Tarkington Acres, according to the Plat recorded in Volume 8, Page
  21, Liberty County Map Records, and the Southeast corner of a 68.0
  acre tract described in a deed to William L. Bailey recorded in
  Liberty County Clerk's File 2005016474;
         Thence North 53 deg. 34 min. 28 sec. East, along the Southeast
  line of the Bailey tract, a distance of 2533.94 feet to 1/2 inch
  iron rod found for a corner of said Bailey tract;
         Thence North 04 deg. 56 min. 54 sec. West, along the East line
  of the Bailey tract, at 60.20 feet pass a 1 inch iron bar found at
  the Northeast corner of the Bailey tract, being a corner of said
  590.04 acre tract and the Southeast corner of the David L. Muck 10.0
  acre tract described in clerk's File 2005003535, continue along the
  West line of said 590.04 acre tract, at 1024.62 feet pass a 1/2 inch
  iron rod set in the South right-of-way line of County Road 2184,
  from which point a 3/8 inch iron rod found at a fence corner bears
  North 70 deg. 46 min. 06 sec. East - 35.44 feet, and continue for a
  total distance of 1050.63 feet to a 60d nail set for the upper
  Northwest corner of the herein described tract in the centerline of
  County Road 2184, said point being the southwest corner of the
  Kaitlyn Hanka 42.87 acre tract described in Clerk's File
  2005016201;
         Thence North 70 deg. 39 min. 07 sec. East, along the
  centerline of County Road 2184, with the Southerly line of the Hanka
  tract, a distance of 873.25 feet to an angle point;
         Thence North 70 deg. 09 min. 40 sec. East, along the
  centerline of County Road 2184, with the Southerly line of the Hanka
  tract, a distance of 376.40 feet to an angle point;
         Thence North 68 deg. 18 min. 24 sec. East, along the
  centerline of County Road 2184, with the southerly line of the Hanka
  tract, a distance of 110.56 feet to an angle point;
         Thence North 65 deg. 24 min. 12 sec. East, along the
  centerline of County Road 2184, with the Southerly line of the Hanka
  tract, a distance of 50.58 feet to an angle point;
         Thence North 63 deg. 57 min. 20 sec. East, along the
  centerline of County Road 2184, with the southerly line of the Hanka
  tract, a distance of 51.05 feet to an angle point;
         Thence North 61 deg. 43 min. 32 sec. East, along the
  centerline of County Road 2184, with the southerly line of the Hanka
  tract, a distance of 6.88 feet to an angle point;
         Thence North 60 deg. 11 min. 45 Sec. East, along the
  centerline of County Road 2184, with the Southerly line of the Hanka
  tract, a distance of 153.55 feet to an angle point;
         Thence North 59 deg. 30 min. 01 sec. East, along the
  centerline of County Road 2184, with the Southerly line of the Hanka
  Tract, a distance of 162.45 feet to a point marking the Northeast
  corner of the herein described tract at the southeast corner of the
  Hanka tract, in the East line of the aforementioned 590.04 acre
  tract;
         Thence South 03 deg. 33 min. 57 sec. East, along the East line
  of said 590.04 acre tract, at 37.18 feet pass an axle found, and
  continue along the West line of the Sean Hardy Nelson 26.341 acre
  tract described in Clerk's File 2005004844, the Billy E. Fly 6.0
  acre tract described in Clerk's File 2006014900, the Foster Jay
  Nelson tract described in Clerk's File 2005013371, which line is
  the West line of the Nelson 99.4 acre tract and the Nelson 100 acre
  tract, and continue for a total distance of 4946.17 feet to an axle
  found for angle point;
         Thence South 01 deg. 57 min. 20 sec. East (call South 01 deg.
  56 min. 23 sec. East), along the West line of the J. F. McAdams tract
  described in Volume 314, Page 579, Deed Records, a distance of
  1850.26 feet (call 1849.98 feet) to a concrete monument found at the
  Southeast corner of said 590.04 acre tract and the Northeast corner
  of Oak Shadows Subdivision, according to the Plat recorded in
  Volume 8, Page 59, Liberty County Map Records;
         Thence South 87 deg. 22 min. 40 sec. West (call south 87 deg.
  27 min. 25 sec. West), along the South line of said 590.04 acre
  tract and the North line of Oak Shadows Subdivision, passing
  several 1/2 inch iron rods found generally on line, a distance of
  3938.18 feet (call 3937.67 feet) to a concrete monument found at the
  Southwest corner of said 590.04 acre tract and the Northwest corner
  of Oak Shadows Subdivision, in the East line of the Charles Stetson,
  Jr. tract described in Volume 961, Page 191, Deed Records;
         Thence North 02 deg. 13 min. 16 sec. West, along the West line
  of said 590.04 acre tract and the East line of the Stetson tract,
  the East line of the Kenneth O'Brien, Jr. tract described in Volume
  1985, Page 875, Official Records, and the East line of Tarkington
  Acres, passing several 1/2 inch iron rods found generally on line, a
  distance of 3698.88 feet to the PLACE OF BEGINNING and containing
  480.66 acres of land and being the same land described in Liberty
  County Clerk's File 2007004426.
         TRACT 2 - 253.23 Acres
         253.23 acres of land situated in the F.J.C. Smiley League,
  Abstract Number 345, Liberty County, Texas, being a portion of that
  certain called 576.84 acres of land described in deed recorded
  under Volume 314, Page 579 of the Deed Records of Liberty County,
  Texas, being all of that certain called 10.0274 acres of land
  described in deed recorded under Volume 670, Page 365 of the Deed
  Records of Liberty County, Texas and all of that certain called 2.6
  acres of land described in deed recorded under Volume 561, Page 565
  of the Deed Records of Liberty County, Texas, said 253.23 acres of
  land being more particularly described by metes and bounds as
  follows:
         COMMENCING at a concrete monument found for the Northwesterly
  corner of that certain Oak Shadows Subdivision, a subdivision as
  shown on map or plat recorded under Volume 8, Page 59 of the Map
  Records of Liberty County, Texas and the southwesterly corner of
  that certain called 480.66 acres of land described in deed recorded
  in the Official Public Records of Real Property of Liberty County,
  Texas, under County Clerk's File Number 2016007160;
         Thence, N 89°47'00" E, along the Northerly line of said Oak
  Shadows Subdivision and the southerly line of said 480.66 acre
  tract, a distance of 3,938.29 feet to a concrete monument found in
  the Westerly line of said 576.84 acre tract, for the northeasterly
  corner of said Oak Shadows Subdivision, the southeasterly corner of
  said 480.66 acre tract and the POINT OF BEGINNING of the herein
  described tract of land;
         Thence, N 00°26'34" E, along the easterly line of said 480.66
  acre tract, a distance of 1,850.33 feet to an axle found for the
  southwesterly corner of that certain 3.1 acre tract described in
  deed recorded under Volume 559, Page 113 of the Deed Records of
  Liberty County, Texas;
         Thence, S 89°52'31" E, along the southerly line of said 3.1
  acre tract, a distance of 2,073.84 feet to an axle found in the
  southerly line of said 3.1 acre tract;
         Thence, N 00°39'46" W, along the easterly line of said 3.1
  acres, an easterly line of that certain called 99.4 acres of land
  described in deed recorded in the Official Public Records of Real
  Property of Liberty County, Texas, under County Clerk's File Number
  20005013371 and along the Westerly line of said 2.6 acre tract, a
  distance of 1,939.12 feet to a 5/8 inch iron rod with cap set for an
  interior corner of said 99.4 acre tract and the northwesterly
  corner of said 2.6 acre tract;
         Thence, N 88°59'50" E, along a southerly line of said 99.4
  acre tract, a distance of 60.00 feet to an axle found for the
  southwesterly corner of that certain called 23.6084 acres of land
  described in deed recorded in the Official Public Records of Real
  Property of Liberty County, Texas, under County Clerk's File Number
  2006009319 and the northwesterly corner of that certain called
  24.628 acres of land described in deed recorded in the Official
  Public Records of Real Property of Liberty County, Texas, under
  County Clerk's File Number 2016001692;
         Thence, S 00°38'29" E, along the westerly line of said 24.628
  acre tract, a distance of 1,400.66 feet to an axle found for the
  southwesterly corner of said 24.628 acre tract and the
  northwesterly corner of that certain called 8.8163 acres of land
  described in deed recorded under Volume 1906, Page 167 of the Deed
  Records of Liberty County, Texas;
         Thence, S 00°43'07" E, along the westerly line of said 8.8163
  acre tract, a distance of 236.36 feet to a 5/8 inch iron rod with cap
  set for the southwesterly corner of said 8.8163 acre tract and the
  northwesterly corner of said 10.0274 acre tract;
         Thence, N 89°09'16" E, along the Southerly line of said 8.8163
  acre tract, a distance of 1,777.39 feet to a 3/4 inch iron rod found
  in a westerly line of that certain called 1090.0 acres of land
  described in deed recorded under volume 1957, Page 554 of the Deed
  Records of Liberty County, Texas, for the southeasterly corner of
  said 8.8163 acre tract.
         Thence, along a westerly line of said 1090.0 acre tract, the
  following courses and distances:
         S 63°06'14" E, a distance of 27.94 feet to a point of curvature
  to the right;
         In a southeasterly direction, with said curve to the right,
  having a central angle of 39°51'52", an arc length of 183.13 feet, a
  radius of 263.21 feet, a chord bearing of S 43°10'18" E and a chord
  distance of 179.46 feet to a point of tangency;
         S 23°14'22" E, a distance of 92.72 feet to a 3/4 inch iron rod
  in concrete found in the Northerly line of that certain called 12
  acres of land described in deed recorded in the Official Public
  Records of Real Property of Liberty County, Texas, under County
  Clerk's File Number 2016012578 for the Southeasterly corner of said
  10.0274 acre tract and a westerly corner of said 1090.0 acre tract;
         Thence, N 89°35'31" W, along the northerly line of said 12
  acre tract, a distance of 269.19 feet to a 3/4 inch iron rod found
  for the Northwesterly corner of said 12 acre tract;
         Thence, S 01°19'18" E, along the westerly line of said 12 acre
  tract and the Westerly line of that certain called 12 acres of land
  described in deed recorded under Volume 1268, Page 315 of the Deed
  Records of Liberty County, Texas, at 676.67 feet pass a 3/4 inch
  iron rod found for the Southwesterly corner of said 12 acre tract
  recorded under Liberty County Clerk's File Number 2016012578 and
  the Northwesterly corner of said 12 acre tract recorded under
  Volume 1268, Page 315 of the Deed Records of Liberty County, in all
  a total distance of 1,375.17 feet to a 5/8 inch iron rod with cap set
  for the Southwesterly corner of said 12 acre tract recorded under
  Volume 1268, Page 315 of the Deed Records of Liberty County;
         Thence, S 89°45'33" E, along the Southerly line of said 12
  acre tract recorded under Volume 1268, Page 315 of the Deed Records
  of Liberty County, a distance of 772.79 feet to a 5/8 inch iron rod
  with cap set in the Westerly line of that certain called 14.1112
  acres of land described in deed recorded in the Official Public
  Records of Real Property of Liberty County, Texas, under County
  Clerk's File Number 2015002555, for the Southeasterly corner of
  said 12 acre tract recorded under Volume 1268, Page 315 of the Deed
  Records of Liberty County;
         Thence, S 02°39'07" E, along the Westerly line of said 14.1112
  acre tract, a distance of 436.62 feet to a railroad tie found for
  the Northwesterly corner of that certain called 65 acres of land
  described in deed recorded under Volume 1268, Page 315 of the Deed
  Records of Liberty County, Texas and the Southwesterly corner of
  said 14.1112 acre tract;
         Thence, S 01°29'49" E, along the Westerly line of said 65 acre
  tract and partially along the Westerly line of that certain called 5
  acres of land described in deed recorded under Volume 1268, Page 315
  of the Deed Records of Liberty County, Texas, a distance of 1,273.11
  feet to a 1-1/2 inch iron pipe found in Southerly line of that
  certain 200' Gulf States Utilities Company Right-of-way Easement
  recorded under Volume 648, Page 606 of the Deed Records of Liberty
  County, Texas and the Westerly line of said 5 acre tract;
         Thence, N 76°56'31" W, along the Southerly line of said 200'
  Gulf States Utilities Company Right-of-way Easement, a distance of
  4,818.85 feet to a 1/2 inch iron pipe found in the Easterly line of
  said Oak Shadows Subdivision;
         Thence, N 00°25'01" W, along the Easterly line of said Oak
  Shadows Subdivision, a distance of 49.82 feet to the POINT OF
  BEGINNING and containing 253.23 acres of land.
         Tract 3 - 24.97 Acres
         A tract or parcel of land containing 24.97 acres situated in
  the F.J.C. Smiley Survey, Abstract No. 345 and being part of the
  first 55.023 acre tract in deed dated December 23, 1965 and recorded
  in Volume 595, Page 149, of the Deed Records of Liberty County, TX,
  and also being all of the 8.8163 acres of land out of a 18.8437 acre
  tract of land out of the 26.1932 acres conveyed to C.J. Martin by
  deed recorded in Volume 608, Page 323, Deed Records of Liberty
  County, TX, being more particularly described as follows:
         From the point of beginning being a found concrete monument
  for the Southwest corner of said 55.023 acre tract;
         Thence, North 03° 01' 09" West, a distance of 1250.99 feet to a
  set five-eight inch iron rod in the Southerly margin of County Road
  2189;
         Thence, across County Road 2189, North 03° 01' 09" West, a
  distance of 34.75 feet to a found five-eight inch iron rod in the
  northerly margin of County Road 2189;
         Thence, along said northerly margin, South 62° 42' 10" East, a
  distance of 34.75 feet to a found five-eight-inch iron rod;
         Thence, leaving said northerly margin, South 03° 01' 09" East,
  a distance of 17.16 feet to a set PK nail in the center of said road;
         Thence, along and with the center of said road, South 63° 59'
  38" East, a distance of 99.61 feet to a point;
         Thence, South 55° 06' 29" East, a distance of 288.37 feet to a
  point;
         Thence, along a curve to the right with a chord bearing of
  South 42° 10' 03" East, a distance of 239.61 feet to a point, said
  curve having a radius of 535.00 feet and arc length of 241.66 feet;
         Thence, South 29° 13' 38" East, a distance of 378.87 feet to a
  point;
         Thence, South 22° 16' 06" East, a distance of 355.00 feet to a
  point;
         Thence, along a curve to the right with a chord bearing of
  South 20° 40' 44" East, a distance of 31.09 feet to a set PK nail,
  said curve having a radius of 756.43 feet and arc length of 31.09
  feet;
         Thence, leaving center of said road, North 86° 58' 51" East, a
  distance of 14.16 feet to a found five-eight inch iron rod in the
  easterly margin of said road;
         Thence, along and with said margin, South 17° 53' 19" East, a
  distance of 67.87 feet to a found five-eight inch iron rod;
         Thence, South 11° 36' 11" East, a distance of 70.19 feet to a
  found five-eight inch iron rod;
         Thence, leaving said margin, South 86° 58' 51" West, a
  distance of 30.34' to a set five-eight inch iron rod in the westerly
  margin of said road;
         Thence, along and with said margin, South 15° 42' 11" East, a
  distance of 29.61 feet to a set five-eight inch iron rod;
         Thence, along a curve to the left with a chord bearing of
  South 37° 08' 29" East, a distance of 187.86 feet to a point, said
  curve having a radius of 197.67 feet and arc length of 195.76 feet;
         Thence, South 65° 30' 45" East, a distance of 110.94 feet to a
  found three-quarter inch iron rod for the southeast corner of the
  tract herein described;
         Thence, leaving said margin, South 86° 44' 45" West, a
  distance of 1774.10 feet to a set five-eight inch iron rod for the
  southwest corner of the tract herein described;
         Thence, North 03° 09' 41" West, a distance of 242.39 feet to a
  found car axle;
         Thence, North 86° 56' 29" East, a distance of 763.02 feet to
  the point of beginning. said tract or parcel containing 24.97 acres
  of land.
         SAVE AND EXCEPT 5.57 Acres:
         A tract or parcel of land, more particularly described as
  Tract-A1 containing 5.57 acres situated in the F.J.C. Smiley
  Survey, Abstract No. 345 and being part of the first 55.023 acre
  tract in deed dated December 23, 1965 and recorded in Volume 595,
  Page 149, of the Deed Records of Liberty County, TX, being more
  particularly described as follows:
         From the point of commencement, being a concrete monument
  found at the Southwest corner of a 55.023 acre tract and described
  in a deed as first tract dated December 23, 1965, and recorded in
  Volume 595, Page 149, of the Deed Records of Liberty County, Texas,
  the point of beginning bears North 03° 01' 09" west, a distance of
  422.56 feet; said point of beginning is marked by a set five-eight
  inch iron rod;
         Thence, North 03° 01' 09" West, a distance of 845.80 feet to
  the center of County Road 2189, from which a found five-eight inch
  iron rod bears South 03° 01' 09" East a distance of 17.37 feet at the
  southern margin of said road;
         Thence, along and with center of said road, south 63° 44' 24"
  east, a distance of 134.25 feet to a point;
         Thence, South 55° 06' 29" East, a distance of 288.37 feet to a
  point;
         Thence, on a curve to the right, said curve having a chord
  bearing of South 46° 37' 16" East a chord length of 157.91 feet, an
  arc length of 158.49 feet and radius of 535.00 feet, to a set
  five-eight inch iron rod;
         Thence, leaving the center of said road, South 31° 01' 52"
  West, a distance of 374.23 feet to a set five-eight inch iron rod;
         Thence, South 03° 01' 09" East, a distance of 178.53 feet to a
  set five-eight inch iron rod;
         Thence, South 86° 58' 51" West, a distance of 243.99 feet to
  the point of beginning.
         Said tract or parcel containing 5.57 acres of land.
         TRACT 4 - 10.00 Acres
         Fieldnotes for a survey of a 10.000 acre tract of land out of
  the F. J. Smiley Survey, Abstract No. 345, Liberty County, Texas,
  and being out of the northerly portion of an original called 26.341
  acre tract out of the Doris Nelson 100 acre tract described in deed
  recorded in Volume 515, Page 314 of the Deed Records of Liberty
  County, Texas,, and the Doris Nelson 99.4 acre tract described in
  Volume 529, Page 482 of said Deed Records, said 10.000 acre tract
  being more particularly described by metes and bounds as follows:
         BEGINNING at an axle found in the southeast right-of-way line
  of County Road 2184, at the northeast corner of that certain called
  480.66 acre tract described in deed recorded under Liberty County
  Clerk's File No. 2016007160 , and also marking the northwest corner
  and POINT OF BEGINNING of the herein described tract;
         Thence N 60 deg. 59 min. 45 sec. E, 221.57 feet along said
  southeast right-of-way line of County Road 2184 to its intersection
  with the westerly right-of-way line of County Road 2189, for the
  northeast corner of the herein described tract, from which a 3/8
  inch iron rod bears N 21 deg. 12 min. 28 sec. W, 3.66 feet;
         Thence along said westerly line right-of-way line of County
  Road 2189 the following:
         S 13 deg. 16 min. 09 sec. E, 676.67 feet;
         S 12 deg. 47 min. 30 sec. E, 70.12 feet;
         S 07 deg. 12 min. 30 sec. E, 105.45 feet;
         S 02 deg. 49 min. 30 sec. W, 203.00 feet; and
         S 01 deg. 07 min. 58 sec. W, 387.62 feet, to a point being the
  northeast corner of that certain called 6.00 acre tract described
  in deed recorded under said County Clerk's File No. 2006014900, and
  also being the southeast corner of the herein described tract;
         Thence S 89 deg. 05 min. 50 sec. W along the north line of said
  called 6.00 acre tract, at 20.00 feet passing a found 3/8 inch iron
  rod, and continuing for a total distance of 339.43 feet to a 5/8
  inch iron rod set in the east line of said called 480.66 acre tract,
  marking the northwest corner of said called 6.00 acre tract, and
  southwest corner of the herein described tract;
         Thence N 00 deg. 54 min. 10 sec. W, 1320.01 feet along the
  east line of said called 480.66 acre tract to the POINT OF BEGINNING
  of the herein described 10.000 acre (435,559 square feet) tract of
  land, and being that same property described in deed recorded under
  said County Clerk's File No. 2013019193.
         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
  7977A, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7977A.0307 to read as
  follows:
         Sec. 7977A.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.
 
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