H.B. No. 5695

AN ACT

relating to the creation of the Sayers Ranch Municipal Utility District; 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 8022A to read as follows:

CHAPTER 8022A. SAYERS RANCH MUNICIPAL UTILITY DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8022A.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 Sayers Ranch Municipal Utility District.

Sec. 8022A.0102. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 8022A.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. 8022A.0104. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8022A.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. 8022A.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. 8022A.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. 8022A.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 8022A.0202, directors serve staggered four-year terms.

Sec. 8022A.0202. TEMPORARY DIRECTORS. (a) The temporary board consists of:

(1) Blake Scrivener;

(2) Lindsay Key;

(3) John Cox;

(4) Jeremy Brannon; and

(5) Joe Daly.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 8022A.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 8022A.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 8022A.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. 8022A.0301. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 8022A.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. 8022A.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. 8022A.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. 8022A.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. 8022A.0306. DIVISION OF DISTRICT. This chapter applies to any new district created by the division of the district under Section 49.316, Water Code, and a new district has all the powers and duties of the district.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8022A.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 8022A.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. 8022A.0402. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8022A.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. 8022A.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. 8022A.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. 8022A.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. 8022A.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 Sayers Ranch Municipal Utility District initially includes all the territory contained in the following area:

BEING 252.94 ACRES OF LAND, SURVEYED BY LANDESIGN SERVICES, INC., SITUATED IN THE STEPHEN F. AUSTIN SURVEY, ABSTRACT NO. 3 AND THE BASTROP TOWN TRACT SURVEY, ABSTRACT NO. 11, IN BASTROP COUNTY, TEXAS, BEING COMPRISED OF A CALLED 127.574 ACRE TRACT OF LAND DESCRIBED IN A DEED TO T.C. HOFFMAN AND GLADYS M. HOFFMAN, RECORDED IN VOLUME 221, PAGE 522 OF THE DEED RECORDS OF BASTROP COUNTY, TEXAS (D.R.B.C.T.), ALL OF A CALLED 0.226 OF ONE ACRE TRACT OF LAND DESCRIBED IN A GENERAL WARRANTY DEED TO T.C. HOFFMAN AND WIFE, GLADYS HOFFMAN RECORDED IN VOLUME 327, PAGE 295 OF SAID D.R.B.C.T., ALL OF A CALLED 1.00 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TRAVIS CLAUDE HOFFMAN, JR. AND LAURIE LYNN HOFFMAN, RECORDED IN VOLUME 296, PAGE 652 OF SAID D.R.B.C.T., ALL OF A CALLED 4.516 ACRE TRACT OF LAND DESCRIBED IN A DEED OF GIFT TO TRAVIS CLAUDE HOFFMAN, JR. AND SHIRLEY HOFFMAN QUINCY, RECORDED IN VOLUME 2330, PAGE 884 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS (O.P.R.B.C.T.), ALL OF A CALLED 5.000 ACRE TRACT OF LAND DESCRIBED AS TRACT ONE AND ALL OF A CALLED 9.996 ACRE TRACT OF LAND DESCRIBED AS TRACT TWO IN A WARRANTY DEED WITH VENDOR'S LIEN TO JAMES S. FRONCEK AND WIFE, VIVIAN A. FRONCEK, RECORDED IN VOLUME 690, PAGE 50, OF SAID O.R.B.C.T., ALL OF A CALLED 21.282 ACRE TRACT OF LAND DESCRIBED IN AN ASSUMPTION DEED TO JAMES S. FRONCEK AND WIFE, VIVIAN A. FRONCEK, RECORDED IN VOLUME 690, PAGE 70 OF SAID O.R.B.C.T., A REMAINDER OF A CALLED 43.38 ACRE TRACT OF LAND DESCRIBED AS FIRST TRACT, AND THE REMAINDER OF A CALLED 71.36 ACRE TRACT OF LAND, BOTH TRACTS DESCRIBED IN A WARRANTY DEED TO WOODRUN DEVELOPMENT CO., LTD., RECORDED IN VOLUME 947, PAGE 650, OF SAID O.R.B.C.T., BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a 3/8-inch rebar found in the existing Southwesterly right-of-way line of Sayers Road (CR 157, No record information found) (R.O.W. Width Varies) and the existing Southeasterly right-of-way line of Cirrus Lane (75' Wide R.O.W. -LEGENDS COVE SECTION TWO, a subdivision of record in Cabinet 7, Page 32-B, of the Plat Records of Bastrop County, Texas (P.R.B.C.T.)), for the POINT OF BEGINNING and Northerly corner of said 5.000 acre tract and hereof;

THENCE with the existing Southwesterly right-of-way line of said Sayers Road and partially with the common Northeasterly line of said 5.000 acre tract, and then partially with the common Northeasterly line of said 21.282 acre tract, the following two (2) courses and distances:

South 29°18'43" East a distance of 490.94 feet to a 1/2-inch rebar with cap stamped "LSI SURVEY" set; and

South 35°14'18" East a distance of 88.99 feet to a 3/8-inch rebar found for the northerly common corner of said 21.282 acre tract and of the GOMEZ RODRIGUEZ SAYERS SUBDIVISION, a subdivision of record in Cabinet 7, Page 195-A, of said P.R.B.C.T.;

THENCE South 43°03'11" West along the common line of said 21.282 acre tract and of said GOMEZ RODRIGUEZ SAYERS SUBDIVISION, a distance of 804.16 feet to a 5/8-inch rebar found in the Southeasterly line of said 21.282 acre tract, being the common Westerly corner of said 4.462 acre tract and of said 127.574 acre tract;

THENCE South 47°50'01" East along the common line of said 127.574 acre tract and of said GOMEZ RODRIGUEZ SAYERS SUBDIVISION, a distance of 244.81 feet to a 3/8-inch rebar found in the Northeasterly line of said 127.574 acre tract, being the common Southerly corner of said GOMEZ RODRIGUEZ SAYERS SUBDIVISION and of said 4.516 acre tract;

THENCE North 42°41'27" East along the common line of said 4.516 acre tract and of said GOMEZ RODRIGUEZ SAYERS SUBDIVISION and then the Southwesterly right-of-way line of said Sayers Road, a distance of 795.57 feet to a 1/2-inch rebar with cap marked "J.E. GARRON RPLS 4303" found in the Southwesterly right-of-way line of said Sayers Road, being the Northeasterly corner of said 4.516 acre tract;

THENCE, along the common line of the Southwesterly right-of-way line of said Sayers Road and of the Northerly line of said 4.516 acre tract, the following five (5) courses and distances:

South 37°09'48" East, a distance of 143.70 feet to a 1/2-inch rebar with cap marked "J.E. GARRON RPLS 4303" found;

South 34°24'07" East, a distance of 45.18 feet to a 1/2-inch rebar with cap marked "J.E. GARRON RPLS 4303" found;

South 28°31'23" East, a distance of 29.84 feet to a 1/2-inch rebar with cap marked "J.E. GARRON RPLS 4303" found;

South 24°30'18" East, a distance of 47.38 feet to a 1/2-inch rebar with cap marked "J.E. GARRON RPLS 4303" found;

South 18°58'24" East, a distance of 11.95 feet to a 1/2-inch rebar with cap marked "J.E. GARRON RPLS 4303" found in the Southwesterly right-of-way line of said Sayers Road, being the Northerly common corner of said 4.516 acre tract and of a called 2.2425 acre tract of land described in a General Warranty Deed to Leslie L. Anderson and Rebecca Anderson, recorded in Document No. 201409226 (also known as Volume 2338, Page 47) of said O.P.R.B.C.T.;

THENCE South 44°37'13" West along the common line of said 4.516 acre tract and of said 2.2425 acre tract, a distance of 725.06 feet to a 3/8-inch rebar found in the Northeasterly line of said 127.574 acre tract, being the common Southerly comer of said 4.516 acre tract and of said 2.2425 acre tract;

THENCE South 47°28'20" East with the Northeasterly line of said 127.574 acre tract and partially with the common Southwesterly lines of said 2.2425 acre tract, a called 2.240 acre tract of land described in a General Warranty Deed to Leslie L. Anderson and wife, Rebecca J. Anderson, recorded in Volume 754, Page 732, of said O.R.B.C.T., and a called 4.485 acre tract of land described in a Special Warranty Deed with Vendor's Lien to Liberty Hill Truck Service LLC, recorded in Document No. 202212580 of said O.P.R.B.C.T., a distance of 785.81 feet to a 1/2- inch rebar found in the Northwesterly line of a called 22.644 acre tract of land described in a Correction Special Warranty Deed to Mainstreet Bastrop, LLC, recorded in Document No. 202224002 of said O.P.R.B.C.T., for the common Easterly corner of said 4.485 acre tract and of said 127.574 acre tract;

THENCE with the Southeasterly line of said 127.574 acre tract and partially with the common Northwesterly line of said 22.644 acre tract, and partially with the common Northwesterly line of a called 100 acre tract described in a General Warranty Deed to Janet Lynn Stanton recorded in Document No. 202414426, of said O.P.R.B.C.T., the following nine (9) courses and distances:

South 40°55'45" West a distance of 188.40 feet to a 1/2-inch rebar with cap stamped "LSI SURVEY" set;

South 41°29'44" West a distance of 340.48 feet to a 1/2-inch rebar with cap stamped "LSI SURVEY" set;

South 41°31'37" West a distance of 99.68 feet to a 1/2-inch rebar with cap stamped "LSI SURVEY" set;

South 44°37'38" West a distance of 91.64 feet to a 1/2-inch rebar with cap stamped "LSI SURVEY" set; and

South 49°29'13" West a distance of 61.37 feet to a 1/2-inch rebar with cap stamped "LSI SURVEY" set in the Southeasterly line of said 127.574 acre tract and the common Northwesterly line of said 22.644 acre tract;

South 43°51'55" West a distance of 482.44 feet to a 1/2-inch rebar with cap stamped "LSI SURVEY" set;

South 43°09'33" West a distance of 796.87 feet to a 1/2-inch rebar with cap stamped "LSI SURVEY" set;

South 14°00'38" West a distance of 56.74 feet to a 1/2-inch rebar with cap stamped "LSI SURVEY" set; and

South 08°52'45" West a distance of 195.88 feet to a 1/2-inch rebar with cap stamped "LSI SURVEY" set in the Southeasterly line of said 127.574 acre tract and the common Northwesterly line of a called 110.7880 acre tract of land described as Tract Three in a General Warranty Deed with Life Estate Reservation to Glenn Odom and Donna Cassel, recorded in Document No. 201315326 (also known as Volume 2280, Page 809) of said O.P.R.B.C.T., for the Southwesterly corner of said 100 acre tract;

THENCE with the Southeasterly line of said 127.574 acre tract and the common Northwesterly line of said 110.7880 acre tract, the following two (2) courses and distances:

South 56°47'19" West a distance of 504.66 feet to a 60D nail found; and

South 43°54'44" West a distance of 76.76 feet to a 1/2-inch rebar found for the Northerly common comer of said 110.7880 acre tract, said 127.574 acre tract, of a called 52.930 acre tract of land described in a General Warranty Deed with Vendor's Lien to Donald L. Furry, recorded in Document No. 201604620 of said O.P.R.B.C.T., and of a said 0.226 of one acre tract;

THENCE South 42°30'57" West with the Southeasterly line of said 0.226 of one acre tract and the common Northwesterly line of said 52.930 acre tract, a distance of 1,509.88 feet to a 1/2-inch rebar found for the common corner of the remainder of said 43.38 acre tract, of said 0.226 of one acre tract, of said 52.930 acre tract and of a called 21.222 acre tract of land described in a Warranty Deed with Vendor's Lien to Glenn D. Synnott Revocable Living Trust recorded in Document No. 201809859 of said O.P.R.B.C.T.;

THENCE South 43°07'59" West with the Southeasterly line of the remainder of said 43.38 acre tract and partially with the common Northwesterly line of said 21.222 acre tract, then partially with the common Northwesterly line of a called 10.289 acre tract of land described in a General Warranty Deed with Vendor's Lien to James C. Caouette, recorded in Document No. 202005646 of said O.P.R.B.C.T., and then partially with the common Northwesterly line of a called 10.289 acre tract of land described in Warranty Deed with Vendor's Lien to Alejandro Alvarado Rosas, recorded in Document No. 201915162 of said O.P.R.B.C.T., passing at a distance of 11.60 feet a 1/2-inch rebar found with "J.E. GARRON RPLS 4303", and continuing for a total distance of 1,331.18 feet to a 5/8-inch rebar found in the Northwesterly line of said 10.289 acre tract, for the Southernmost comer of the remainder of said 43.38 acre tract, also being the common Easterly corner of Lot 77 and Lot 78, Block A, WOODRUN SUBDIVISION SECTION ONE, a subdivision of record in Cabinet 3, Page 68-A, of said P.R.B.C.T.;

THENCE with the Westerly line of the remainder of said 43.38 acre tract and the common line of Lots 77, 76, 75 and 74 of said Block A, the following four (4) courses and distances:

North 43°56'58" West a distance of 384.36 feet to a 5/8-inch rebar found for the common Easterly corner of said Lot 76 and said Lot 75;

North 01°57'13" East a distance of 459.68 feet to a 5/8-inch rebar found for the Northeast corner of said Lot 74;

North 88°00'55" West a distance of 165.15 feet to a 5/8-inch rebar found for a Northwesterly comer of said Lot 74; and

Along a curve to the Left having a radius of 25.00 feet, an arc length of 39.49 feet, a delta angle of 90°29'44", and a chord which bears South 47°02'09" West a distance of 35.51 feet to a 5/8-inch rebar found in the existing Easterly right-of-way line of Smith Road (CR 418 - R.O.W. Width Varies) for a Northwesterly corner of said Lot 74;

THENCE North 02°01'21" East with the existing Easterly right-of-way line of said Smith Road and a common Westerly line of the remainder of said 43.38 acre tract, a distance of 110.08 feet to a 5/8-inch rebar found for a Southwesterly corner of Lot 50, of said Block A;

THENCE partially of the Westerly line of the remainder of said 43.38 acre tract and then partially with the Westerly line of the remainder of said 71.36 acre tract and the common line of said Lot 50, then Lots 49, 48, 47, 46, 45, 44, 43 and 42 of said Block A, the following seven (7) courses and distances:

Along a curve to the Left having a radius of 25.00 feet, an arc length of 39.02 feet, a delta angle of 89°26'16", and a chord which bears South 42°52'50" East a distance of 35.18 feet to a 5/8-inch rebar found for a Southwesterly comer of said Lot 50;

South 88°03'20" East a distance of 165.04 feet to a 5/8-inch rebar found for the Southeast comer of said Lot 50;

North 03°19'29" East passing at a distance of 456.30 feet a 5/8-inch rebar found for the common Easterly corner of said Lot 49 and of said Lot 48, a continuing for a total distance of 847.36 feet to a 5/8-inch rebar found for the common Easterly corner of said Lot 47 and of said Lot 46;

North 19°04'55" West a distance of 165.28 feet to a 5/8-inch rebar found for the common Easterly comer of said Lot 46 and of said Lot 45;

North 02°43'48" East a distance of 769.06 feet to a 5/8-inch rebar found for the Northeast corner of said Lot 42;

North 89°33'12" West a distance of 194.92 feet to a 1/2-inch rebar found for a Northwesterly comer of said Lot 42; and

Along a curve to the Left having a radius of 25.00 feet, an arc length of 39.18 feet, a delta angle of 89°47'38", and a chord which bears South 45°37'41" West a distance of 35.29 feet to a 1/2-inch rebar found in the existing Easterly right-of-way line of said Smith Road for a Northwesterly corner of said Lot 42;

THENCE North 00°35'40" East with the existing Easterly right-of-way line of said Smith Road and a common Westerly line of the remainder of said 71.36 acre tract, a distance of 109.91 feet to a Calculated Point for a Southwesterly corner of Lot 6, Block B, of said WOODRUN SUBDIVISION SECTION ONE, from which a 5/8-inch rebar found bears North 05°37'24" West, a distance of 1.19 feet;

THENCE with the Westerly line of the remainder of said 71.36 acre tract and the common line of said Lot 6 and then of Lots 5, 4, 3, 2 and 1 of said Block B, the following eight (8) courses and distances:

Along a curve to the Left having a radius of 25.00 feet, an arc length of 39.28 feet, a delta angle of 90°00'54", and a chord which bears South 44°33'12" East a distance of 35.36 feet to a Calculated Point for a Southwesterly corner of said Lot 6, from which a 5/8-inch rebar found bears North 14°26'11" West, a distance of 1.33 feet;

South 89°33'12" East a distance of 195.00 feet to a 5/8-inch rebar found for the Southeast corner of said Lot 6;

North 00°30'54" East passing at a distance of 200.20 feet a 5/8-inch rebar found for the common Easterly corner of said Lot 6 and of said Lot 5, and continuing for a total distance of 314.34 feet to a 5/8-inch rebar found for an angle point of said 71.36 acre tract and of said Lot 5;

North 20°40'55" East passing at a distance of 50.27 feet a 1/2-inch rebar found for the common Easterly corner of said Lot 5 and of said Lot 4, then passing at a distance of 244.54 feet a 1/2-inch rebar found for the common Easterly corner of said Lot 4 and of said Lot 3, and continuing for a total distance of 420.04 feet to a 5/8-inch rebar found for the common Easterly corner of said Lot 3 and of said Lot 2;

North 35°36'18" East a distance of 329.13 feet to a 5/8-inch rebar found for the Northeast comer of said Lot 1;

Along a curve to the Left having a radius of 270.00 feet, an arc length of 85.33 feet, a delta angle of 18°06'30", and a chord which bears North 62°08'00" West a distance of 84.98 feet to a 5/8-inch rebar found;

North 71°18'08" West a distance of 222.07 feet to a 5/8-inch rebar found for a Northwesterly corner of said Lot 1; and

Along a curve to the Left having a radius of 25.00 feet, an arc length of 39.08 feet, a delta angle of 89°34'24", and a chord which bears South 63°25'16" West a distance of 35.22 feet to a 1/2-inch rebar found in the existing Easterly right-of-way line of said Smith Road for a Northwesterly corner of said Lot 1;

THENCE North 18°35'25" East with the existing Easterly right-of-way line of said Smith Road and a common Westerly line of the remainder of said 71.36 acre tract, a distance of 110.29 feet to a 1/2-inch rebar with cap stamped "LSI SURVEY" set for a Southwesterly corner of Lot 15, said Block A;

THENCE with the Westerly line of the remainder of said 71.36 acre tract and the common line of said Lot 15, then of Lots 14, 13 and 12 of said Block A, the following seven (7) courses and distances:

Along a curve to the Left having a radius of 25.00 feet, an arc length of 39.28 feet, a delta angle of 90°00'54", and a chord which bears South 26°16'39" East a distance of 35.36 feet to a 5/8-inch rebar found for a Southwesterly corner of said Lot 15;

South 71°16'39" East a distance of 222.07 feet to a 1/2-inch rebar with cap stamped "ASH RPLS 5687" found for the Southeast corner of said Lot 15;

North 28°00'53" East a distance of 567.64 feet to a 1/2-inch rebar found for the Northeast comer of said Lot 12;

North 48°34'10" West a distance of 200.25 feet to a 1/2-inch rebar found;

Along a curve to the Left having a radius of 270.00 feet, an arc length of 107.16 feet, a delta angle of 22°44'25", and a chord which bears North 59°54'01" West a distance of 106.46 feet to a 5/8-inch rebar found;

North 71°20'23" West a distance of 24.94 feet to a 5/8-inch rebar found; and

Along a curve to the Left having a radius of 25.00 feet, an arc length of 39.18 feet, a delta angle of 89°47'07", and a chord which bears South 63°39'20" West a distance of 35.29 feet to a 5/8-inch rebar found in the existing Easterly right-of-way line of said Smith Road for a Northwesterly corner of said Lot 12;

THENCE North 18°39'01" East with the existing Easterly right-of-way line of said Smith Road and a common Westerly line of the remainder of said 71.36 acre tract, a distance of 109.97 feet to a 5/8-inch rebar found for a Southwesterly comer of Lot 2, said Block A;

THENCE with the Westerly line of the remainder of said 71.36 acre tract and the common line of said Lot 2 and of Lot 1, said Block A, the following five (5) courses and distances:

Along a curve to the Left having a radius of 25.00 feet, an arc length of 38.77 feet, a delta angle of 88°51'35", and a chord which bears South 26°02'06" East a distance of 35.00 feet to a 5/8-inch rebar found;

South 71°06'47" East a distance of 25.33 feet to a 5/8-inch rebar found;

Along a curve to the Right having a radius of 330.00 feet, an arc length of 131.12 feet, a delta angle of 22°45'53", and a chord which bears South 59°55'40" East a distance of 130.26 feet to a 1/2-inch rebar with cap stamped "J.E. GARON RPLS 4303" found;

South 48°23'53" East a distance of 69.48 feet to a 5/8-inch rebar found for the Southeasterly corner of said Lot 2; and

North 41°26'12" East passing at a distance of 151.19 feet a 5/8-inch rebar for the common Easterly corner of said Lot 2 and of said Lot 1, and continuing for a total distance of 276.19 feet to a 5/8-inch for the Northerly common corner of the remainder of said 71.36 acre tract and of said Lot 1, being in the common Southwesterly line of a called 28.115 acre tract of land described as Tract 1 in a General Warranty Deed with Vendor's Lien to Samuel J. Stevenson and Christiane M. Stevenson, recorded in Document No. 200800379 (also known as Volume 1804, Page 828) of said O.P.R.B.C.T.;

THENCE South 48°30'35" East with the Northeasterly line of the remainder of said 71.36 acre tract and partially with the Southwesterly common line of said 28.115 acre tract, then partially with the common Southwesterly line of Lot 5, Block D, LEGENDS COVE SECTION TWO, a subdivision of record in Cabinet 7, Page 155-A of said P.R.B.C.T., and then partially with the existing Southeasterly right-of-way line of said Cirrus Lane, a distance of 932.54 feet to a 1/2-inch rebar found for the common Southerly corner of the existing Southeasterly right-of-way line of Cirrus Lane and of said 21.282 acre tract, from which a 1/2-inch rebar in the Northwesterly line of said 127.574 acre tract, being the common Easterly corner of said 71.36 acre tract and of said 21.282 acre tract bears South 48°20'23" East, a distance of 548.06 feet;

THENCE North 42°27'57" East with the existing Southeasterly right-of-way line of said Cirrus Lane and partially with the common Northwesterly line of said 21.282 acre tract, then partially with the common Northwesterly line of said 9.996 acre tract, and then partially with the common Northwesterly line of said 5.000 acre tract, a distance of 2,980.30 feet to the POINT OF BEGINNING and containing 252.94 acres of land, more or less.

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 8022A, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8022A.0307 to read as follows:

Sec. 8022A.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, 2025.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 5695 was passed by the House on May 16, 2025, by the following vote: Yeas 86, Nays 45, 2 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 5695 was passed by the Senate on May 28, 2025, by the following vote: Yeas 27, Nays 4.

______________________________ Secretary of the Senate APPROVED: _____________________

Date

_____________________

Governor