Relating to the creation of the Fort Bend County Water Control and Improvement District No. 13; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

89(R) HB 5655 - Enrolled version - Bill Text

H.B. No. 5655

AN ACT

relating to the creation of the Fort Bend County Water Control and

Improvement District No. 13; 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 I, Title 6, Special District Local Laws

Code, is amended by adding Chapter 9095 to read as follows:

CHAPTER 9095. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT

DISTRICT NO.

13

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9095.0101. 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 Fort Bend County Water

Control and Improvement District No.

13.

Sec.

9095.0102.

NATURE OF DISTRICT.

The district is a water

control and improvement district created under Section 59, Article

XVI, Texas Constitution.

Sec.

9095.0103.

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.

9095.0104.

CONSENT OF MUNICIPALITY REQUIRED. The

temporary directors may not hold an election under Section

9095.0103 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.

9095.0105.

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 water control and improvement district as

provided by general law and Section 59, Article XVI, Texas

Constitution, including the collection, transportation,

processing, disposal, and control of domestic, industrial, or

communal waste and the gathering, conducting, diverting, and

control of local storm water or other harmful excesses of water; 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.

9095.0106.

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.

9095.0201.

GOVERNING BODY; TERMS.

(a)

The district is

governed by a board of five elected directors.

(b)

Except as provided by Section 9095.0202, directors

serve staggered four-year terms.

Sec.

9095.0202.

TEMPORARY DIRECTORS. (a) The temporary

board consists of:

(1) Amanda Flynt;

(2) Jason Scholtz;

(3) Carlos Bujosa;

(4) Regina Landreneau; and

(5) Stephen Pheigaru.

(b) Temporary directors serve until the earlier of:

(1)

the date permanent directors are elected under

Section 9095.0103; 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 9095.0103 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 9095.0103; 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.

9095.0301.

GENERAL POWERS AND DUTIES.

The district

has the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec.

9095.0302.

WATER CONTROL AND IMPROVEMENT DISTRICT

POWERS AND DUTIES. The district has the powers and duties provided

by the general law of this state applicable to water control and

improvement districts created under Section 59, Article XVI, Texas

Constitution, including Chapters 49 and 51, Water Code, and

specifically including the powers and duties authorized under

Subchapter H, Chapter 51, Water Code.

Sec.

9095.0303.

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.

9095.0304.

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.

9095.0305.

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 42.042 or 42.0425, Local Government Code, and

consents to the creation of the district or to the inclusion of land

in the district.

Sec.

9095.0306.

LIMITATION ON USE OF EMINENT DOMAIN. The

district may not exercise the power of eminent domain outside the

district boundaries to acquire a site or easement for:

(1) a road project authorized by Section 9095.0303; or

(2)

a recreational facility as defined by Section

49.462, Water Code.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec.

9095.0401.

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 9095.0403.

(b)

The district must hold an election in the manner

provided by Chapters 49 and 51, 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.

9095.0402.

OPERATION AND MAINTENANCE TAX.

(a)

If

authorized at an election held under Section 9095.0401, 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.

9095.0403.

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.

9095.0501.

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.

9095.0502.

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 Chapter 51, Water Code.

Sec.

9095.0503.

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.

Sec.

9095.0504.

BONDS FOR RECREATIONAL FACILITIES. (a)

The district may develop recreational facilities and issue bonds

for recreational facilities as provided by Chapter 49, Water Code,

regardless of whether the district's territory overlaps with the

territory of a political subdivision that is authorized to develop

recreational facilities and issue bonds for recreational

facilities under Chapter 49, Water Code.

(b)

The authority of the district to develop recreational

facilities and issue bonds for recreational facilities under this

section does not limit the authority of another political

subdivision whose territory the territory of the district may

overlap, wholly or partly, to develop recreational facilities and

issue bonds for recreational facilities under Chapter 49, Water

Code.

SECTION 2. The Fort Bend County Water Control and

Improvement District No. 13 initially includes all the territory

contained in the following area:

Being 911.580 acre (39,708,433 square feet) of land located

in the William Andrews Survey, Abstract 3 and the Samuel Isaacs

Survey, Abstract 35, Fort Bend County, Texas, more particularly

being all of that certain called 606.445 acre tract conveyed to

TPHTL Hatcher, LLC by an instrument of record under File Number

2024096632 of the Official Public Records of Fort Bend County,

Texas (F.B.C.O.P.R.), all of that certain called 3.494 acre tract

conveyed to Tri Pointe Homes Texas, Inc by an instrument of record

under File Number 2024112084, F.B.C.O.P.R., all of that certain

called 259.343 acre tract conveyed to TPHTL Hatcher, LLC by an

instrument of record under File Number 2024096642, F.B.C.O.P.R.,

all of that certain called 9.980 acre tract conveyed to TPHTL

Hatcher, LLC by an instrument of record under File Number

2024096679, F.B.C.O.P.R., all of that certain called 35.203 acre

tract conveyed to TPHTL Hatcher, LLC by an instrument of record

under File Number 2024096653, F.B.C.O.P.R. a portion of which being

all of PECAN HOLLOW SUBDIVISION, a subdivision of record under

Slide No. 1960A of the Fort Bend County Plat Records (F.B.C.P.R.),

all of that certain called 10.4577 acre tract conveyed to TPHTL

Hatcher, LLC by an instrument of record under File Number

20240996640, F.B.C.O.P.R., said 911.580 acre tract being more

particularly described by metes and bounds as follows (all bearings

referenced to the Texas Coordinate System, South Central Zone,

NAD83 (NA2011) Epoch 2010.00):

BEGINNING at a 5/8-inch iron rod with cap stamped "1535-4035"

found for the southwest corner of that certain called 355.322 acre

conveyed to the Henderson-Wessendorff Foundation by an instrument

of record under File Number 2012006686, F.B.C.O.P.R., same being an

interior corner on the north line of said 606.445 acre tract, said

corner being an angle point on a boundary line agreement of record

in Volume 603, Page 13, of the Deed Records of Fort Bend County,

Texas, (F.B.C.D.R.), and on the apparent east line of said William

Andrews Survey and the apparent west line of the Samuel Isaacs

Survey;

Thence, South 79° 25' 45" East, along the northerly line of

said 606.445 acre tract and the southerly line of said 355.322 acre

tract, 721.43 feet to a 5/8-inch iron rod found for an angle point

of said boundary line agreement;

Thence, South 88° 14' 00" East, continuing along the northerly

line of said 606.445 acre tract and the southerly line of said

355.322 acre tract, 1,138.98 feet to a 5/8-inch iron rod with cap

stamped "MILLER SURVEY SURVEY" found marking an angle point of said

boundary line agreement;

Thence, South 64° 49' 13" East, continuing along the northerly

line of said 606.445 acre tract and the southerly line of said

355.322 acre tract, 2,465.21 feet to a 5/8-inch iron rod found

marking an angle point of said boundary line agreement and the

southeast corner of said 355.322 acre tract, same being the

southwest corner of that certain called 77.173 acre tract conveyed

to Joe C. Wessendorff by an instrument of record under Volume 1995,

Page 2003, F.B.C.D.R.;

Thence, North 69°40'27" East, continuing along the Northerly

line of said 606.445 acre tract and the southerly line of said

77.173 acre tract, a distance of 644.77 feet to a 5/8-inch iron rod

with cap stamped "1535-4035" found for corner, from which a found

leaning 1-inch iron bolt bears South 29°12'57" East, distance of

1.40 feet;

Thence, South 86°32'25" East, continuing along the Northerly

line of said 606.445 acre tract and the southerly line of said

77.173 acre tract, a distance of 1,341.27 feet to a 5/8-inch iron

rod found for the northeast corner of said 606.445 acre tract and

the southeast corner of said 77.173 acre tract, lying on the west

right-of-way line of Holmes Road (width varies) as shown on LAKES OF

MISSION GROVE SECTION ONE, a subdivision per plat recorded under

Slide Number 1945A, of the Plat Records of Fort Bend County, Texas,

(F.B.C.P.R.);

Thence, South 02°12'49" East, along the east line of said

606.445 acre tract and the West right-of-way line of said Holmes

Road, a distance of 383.77 feet to a 5/8-inch iron rod with cap

stamped "1535/4035" found for an easterly corner of said 606.445

acre tract and the northeast corner of that certain called 2.265

acre tract conveyed to David H. Kendrick and Wife, Debra Kelly

Kendrick by an instrument of record under File Number 2018112388,

F.B.C.O.P.R.;

Thence, South 88°17'00" West, along and with a southerly line

of said 606.445 acre tract and the north lines of said 2.265 acre

tract and that certain called 2.0 acre tract conveyed to Ronald P.

Frawley and Wife, Suzanne L. Frawley by an instrument of record

under File Number 2018112392, F.B.C.O.P.R., a distance of 571.13

feet to an interior corner of said 606.445 acre tract and the

northwest corner of said 2.0 acre tract, from which a found 5/8-inch

iron rod with cap stamped "1535/4035" bears North 81°52'20" East, a

distance of 0.33 feet;

Thence, South 02°17'46" East, along an easterly line of the

said 606.445 acre tract and the west line of said 2.0 acre tract, a

distance of 325.02 feet to a 5/8-inch iron rod with cap stamped

"MILLER SURVEY" found for the southwest corner of said 2.0 acre

tract and an easterly corner of the said 606.445 acre tract, lying

on the north line of that certain called 7.9395 acre tract conveyed

to R. Steven Hicks & Wife Sondra Martin Hicks by an instrument of

record under File Number 1999014492, F.B.C.O.P.R.;

Thence, South 88°16'19" West, along a southerly line of the

said 606.445 acre tract and the north line of said 7.9395 acre

tract, a distance of 673.38 feet to a 5/8-inch iron rod with cap

stamped "MILLER SURVEY" found for an interior corner of said

606.445 acre tract and the northwest corner of said 7.9395 acre

tract;

Thence, South 02°16'13" East, along an easterly line of the

said 606.445 acre tract and the west line of said 7.9395 acre tract,

a distance of 281.02 feet to a 1/2-inch iron pipe found for an

interior corner of said 606.445 acre tract and the southwest corner

of said 7.9395 acre tract;

Thence, along the northerly lines of the said 606.445 acre

tract and the southerly lines of said 7.9395 acre tract, the

following five (5) courses and distances:

North 88°10'19" East, a distance of 389.40 feet to a 1/2-inch

iron pipe found for an interior corner of said 606.445 acre tract;

North 01°49'41" West, a distance of 19.00 feet to a 1/2-inch

iron pipe found for corner;

North 88°10'19" East, a distance of 140.64 feet to a point for

corner;

South 01°49'41" East, a distance of 19.00 feet to a 1/2-inch

iron pipe found for an interior corner of said 606.445 acre tract;

North 88°10'19" East, a distance of 714.81 feet to a mag nail

found for an easterly corner of said 606.445 acre tract and the

southeast corner of said 7.9395 acre tract, lying on the west

right-of-way line of said Holmes Road;

Thence, South 02°17'56" East, along an easterly line of said

606.445 acre tract and said 35.203 acre tract and the west

right-of-way line of said Holmes Road, a distance of 1,200.06 feet

to the most easterly southeast corner of said 35.203 acre tract and

the northeast corner of that certain called 15.00 acre tract

conveyed to R.M. Derden by an instrument of record under Volume 485,

Page 750, F.B.C.D.R.;

Thence, South 88°06'47" West, along a southerly line of said

35.203 acre tract and the north line of said 15.00 acre tract and

along the north line of that certain called 2.555 acre tract

conveyed to Janet Hennessey and Pat Hennessey by an instrument of

record in Volume 597, Page 33, F.B.C.D.R., a distance of 1,245.46

feet to the northwest corner of said 2.555 acre tract, same being an

interior corner of said 35.203 acre tract , and lying on the east

line of said PECAN HOLLOW SUBDIVISION;

Thence, South 02°20'08" East, along an easterly line of said

35.203 acre tract and said PECAN HOLLOW SUBDIVISION and the west

line of said 15.00 acre tract, a distance of 525.20 feet to a

1/2-inch iron pipe found for the most southerly southeast corner of

said 35.203 acre tract and the southeast corner of said PECAN HOLLOW

SUBDIVISION, same being the southwest corner of said 15.00 acre

tract, lying on the north right-of-way line of Wessendorff Road (60

feet wide) described in Volume 2349, Page 35, F.B.C.D.R.;

Thence, South 88°05'29" West, along a southerly line of said

35.203 acre tract and said PECAN HOLLOW SUBDIVISION and the north

right-of-way line of said Wessendorf Road distance of 700.19 feet

to a 1/2-inch iron pipe found for the southwest corner of said

35.203 acre tract and said PECAN HOLLOW SUBDIVISION, same being the

north end of the western terminus of said Wessendorf Road and an

easterly angle point of said 606.445 acre tract, from which a found

5/8-inch iron rod with cap stamped "1535" bears North 45°05'08"

West, a distance of 0.18 feet;

Thence, South 15°21'07" West, along an easterly line of said

606.445 acre tract and the western terminus of said Wessendorf

Road, a distance of 63.00 feet to a 1-inch iron pipe found for an

interior corner of said 606.445 acre tract and the south end of the

western terminus of said Wessendorf Road;

Thence, North 88°04'25" East, along a northerly line of said

606.445 acre tract and the south right-of-way of said Wessendorf

Road, a distance of 260.89 feet to a 5/8-inch iron rod with cap

found for an easterly corner of said 606.445 acre tract and the

northwest corner of that certain called 10.25 acre tract conveyed

to Gregory J. Harris by an instrument of record under File Number

2000078502, F.B.C.O.P.R.;

Thence, South 02°41'49" East, along an easterly line of said

606.445 acre tract and the west line of said 10.25 acre tract, a

distance of 935.37 feet to a 5/8-inch iron rod with cap stamped

"1535/4035" found for an interior corner of said 606.445 acre tract

and the southwest corner of said 10.25 acre tract;

Thence, North 87°13'57" East, along a northerly line of said

606.445 acre tract and the south line of said 10.25 acre tract, a

distance of 305.37 feet to a 5/8-inch iron rod with cap stamped

"1535/4035" found for an easterly corner of said 606.445 acre tract

and the southeast corner of said 10.25 acre tract;

Thence, South 04°34'03" East, along an easterly line of said

606.445 acre tract, a distance of 69.88 feet to a 1-inch iron pipe

found for the southeast corner of said 606.445 acre tract, said

point lying on a northerly line of the aforementioned 259.343 acre

tract;

Thence, North 87°16'40" East, along a northerly line of the

aforementioned 259.343 acre tract, a distance of 7.77 feet to a

5/8-inch iron rod with cap stamped "1535/4035" found for the

northeast corner of said 259.343 acre tract, said point being on the

west line of that certain called 1.3718 acre tract conveyed to

William Limner, Martin Dawson and Pamela M. Dawson by an instrument

of record under Document Number 9630713, F.B.C.O.P.R., said point

lying on the west right-of-way line of Robertson Road (Width

Varies)

Thence, South 03°29'38" East, along the east line of said

259.343 acre tract and the west lines of said 1.3718 acre tract,

that certain called 1.37 acre tract conveyed to David Wayne Green

and Janice Elaine Green by an instrument of record under Volume

2194. Page 280, F.B.C.D.R., that certain called 2.28 acre tract

conveyed to Michael Moore and Kimberly Moore by an instrument of

record under File Number 2003075085, F.B.C.O.P.R., that certain

called 2.0994 acre tract conveyed to James Arthur Marshall, Sr. and

Luella Jane Marshall by an instrument of record under File Number

2003145106, F.B.C.O.P.R., that certain called 2.0966 acre tract

conveyed to Colin Lauder by an instrument of record under File

Number 2009087267, F.B.C.O.P.R., that certain called 2.0583 acre

tract conveyed to Colin Lauder by an instrument of record under File

Number 2020022209, F.B.C.O.P.R., and that certain called 1.9817

acre tract conveyed to Johnathan K. Wiedenfeld and Sandra H.

Wiedenfeld by an instrument of record under File Number 2004097643,

F.B.C.O.P.R., a distance of 1,336.39 feet to a 1/2-inch iron pipe

found for the southeast corner of said 259.343 acre tract and the

southwest corner 1.9817 acre tract, lying on the north line of

Meadow Forest Lane (60 feet wide), as described in Volume 636, Page

719, F.B.C.D.R., and the north line of MEADOW FOREST, an unplatted

subdivision;

Thence, South 87°22'54" West, along the north line of said

Meadow Forest, a distance of 597.20 feet to a point for the

northwest corner of that certain called 0.5116 acre tract conveyed

to James Hearn by an instrument of record under File Number

2022059390, F.B.C.O.P.R.;

Thence, South 02°39'35" West, along a west line of said Meadow

Forest and said 0.5116 acre tract, a distance of 102.03 feet to an

angle point on the west line of said 0.5116 acre tract and said

259.343 acre tract, said point being on the north line of Woods Edge

Estates Section Two, an unplatted subdivision;

Thence, South 87°10'44" West, along the south line of said

259.343 acre tract common to the north line of Woods Edge Estates

Section Two, a distance of 2,274.25 feet to the centerline of Jones

Creek (a variable width ROW easement granted to Brazos River

Authority by instruments of record under Volume 602, Page 694 and

Volume 602, Page 705, F.B.C.D.R.), said point lying on the

northeasterly line of Woods Edge Estates Section Three, an

unplatted subdivision;

Thence, along the centerline of Jones Creek, the south line

of said 253.343 acre tract, and the northeasterly line of Woods Edge

Estates Section Three, the following seventeen (17) courses and

distances:

North 09°44'16" West, a distance of 185.60 feet;

North 34°43'02" West, a distance of 210.93 feet;

North 65°42'06" West, a distance of 132.88 feet;

North 70°03'52" West, a distance of 208.72 feet;

North 81°33'27" West, a distance of 195.93 feet;

North 89°24'40" West, a distance of 162.61 feet;

South 87°34'08" West, a distance of 196.48 feet;

South 76°11'39" West, a distance of 127.07 feet;

South 61°47'37" West, a distance of 141.38 feet;

South 55°25'12" West, a distance of 422.62 feet;

South 67°02'38" West, a distance of 133.62 feet;

South 78°21'23" West, a distance of 134.93 feet;

South 84°36'34" West, a distance of 145.04 feet;

North 85°11'23" West, a distance of 167.79 feet;

North 80°52'38" West, a distance of 340.21 feet;

North 75°29'15" West, a distance of 845.82 feet;

North 58°06'51" West, a distance of 52.86 feet to the most

easterly southeast corner of the aforementioned 9.980 acre tract

and the northwest corner of said PECAN CREEK;

Thence, South 05°33'44" West, along an easterly line of said

9.980 acre tract and the west line of said PECAN CREEK, a distance

of 42.14 feet to a 1/2-inch iron rod with cap found for the most

southerly southeast corner of said 9.980 acre tract and the

northeast corner of that certain called 2.0000 acre tract described

as Tract 5 conveyed to Edward A. & Robyn M. Jacobson by an

instrument of record under File Number 2019049857, F.B.C.O.P.R.;

Thence, South 87°34'25" West, along the south line of said

9.980 acre tract and the north lines of said 2.0000 acre tract and

that certain called 10.4101 acre tract conveyed to Steven A. Kempke

and Nancy K. Kempke by an instrument of record under File Number

2020119852, F.B.C.O.P.R., a distance of 1,525.48 feet to a 5/8-inch

iron rod with TxDOT aluminum right-of-way disk found on the arc of a

curve to the right on the east right-of-way line of F.M. 723 (120

feet wide) recorded under Volume 487, Page 842, Volume 491, Page 48,

and Volume 487, Page 836, F.B.C.D.R., and File Numbers 2021053461

and 2021053472, F.B.C.O.P.R.;

Thence, in a Northwesterly direction, along the west line of

the west right-of-way line of said F.M. 723, and with said curve to

the right, an arc distance of 208.68 feet, having a radius of

6,390.00 feet, a central angle of 01°52'16" and chord which bears

North 03°29'46" West, 208.67 feet to a 5/8-inch iron rod with TxDOT

aluminum right-of-way disk found for corner on the west line of said

9.980 acre tract;

Thence, North 02°37'52" West, continuing along the east

right-of-way line of said F.M. 723 and along the west line of said

9.980 acre tract, a distance of 107.49 feet to a 1/2-inch iron pipe

found the northwest corner of said 9.980 acre tract and the

southwest corner of Lot 14 of OLDE PECAN PLANTATION, a subdivision

of record under Slide Number 570B, F.B.C.P.R.;

Thence, North 87°37'22" East, along the north line of said

9.980 acre tract and the south line of said OLDE PECAN PLANTATION, a

distance of 1,266.31 feet to the northeast corner of said 9.980 acre

tract and the southeast corner of Lot 8 of OLDE PECAN PLANTATION, on

the centerline of the aforementioned Jones Creek and a

southwesterly line of the aforementioned 259.343 acre tract;

Thence, along the centerline of said Jones Creek, the

westerly lines of said 259.343 acre tract, and the easterly lines of

said OLDE PECAN PLANTATION, that certain called 20.130 acre tract

conveyed to Brian L. Smith & Helen Smith by an instrument of record

under File Number 2014047226, F.B.C.O.P.R., and that certain called

2.616 acre tract conveyed to Judy Rene Lamb by an instrument of

record under File Number 2005022008, F.B.C.O.P.R., the following

eight (8) courses and distances:

North 37°24'50" West, a distance of 40.23 feet;

North 19°30'17" West, a distance of 116.27 feet;

North 05°11'43" West, a distance of 113.97 feet;

North 10°46'52" East, a distance of 114.83 feet;

North 20°02'20" East, a distance of 639.98 feet;

North 22°15'22" East, a distance of 279.22 feet;

North 38°50'59" East, a distance of 228.08 feet;

North 33°36'30" East, a distance of 218.53 feet to a

southwesterly corner of the aforementioned 606.445 acre tract;

Thence, along the westerly lines of the aforementioned

606.445 acre tract the following fifteen (15) courses:

North 64° 34' 10" West, 116.46 feet to a point for corner;

North 31° 18' 30" West, 71.03 feet to a point for corner;

North 39° 23' 58" West, 104.10 feet to a point for corner;

North 37° 18' 39" West, 217.83 feet to a 1/2-inch iron pipe

found for corner;

South 53° 21' 08" West, 66.88 feet to a 1/2-inch iron pipe

found for corner;

North 58° 20' 23" West, 86.95 feet to a 5/8-inch iron rod with

cap stamped "1535/4035" found for corner;

North 29° 50' 35" West, 61.73 feet to a point for corner;

North 41° 17' 48" West, 224.47 feet to a 1/2-inch iron pipe

found for corner;

North 81° 29' 22" West, 100.36 feet to a 5/8-inch iron rod with

illegible cap found for corner;

North 02° 49' 58" West, 196.85 feet to a 1/2-inch iron pipe

found for the southwest corner of that certain called 6.086 acre

tract conveyed to Sheri Lynn Macha by an instrument of record under

File Number 2007039254, F.B.C.O.P.R.;

North 87° 30' 20" East, along the south line of said 6.086 acre

tract, 360.26 feet to a 5/8-inch iron rod with cap stamped

"1535/4035" found for the southeast corner of said 6.086 acre tract

and an interior corner of said 606.445 acre tract;

North 03° 35' 31" West, along the east line of said 6.086 acre

tract, 747.88 feet to a 5/8-inch iron rod with illegible cap found

for the northeast corner of said 6.086 acre tract and an interior

corner of said 606.445 acre tract;

South 87° 07' 42" West, 1,504.51 feet to a 5/8-inch iron rod

with cap stamped "1535/4035" found for the most westerly southwest

corner of said 606.445 acre tract, said point being on the east

right-of-way line of FM 723 (called 120 feet wide) as described in

Volume 487, Page 836, Volume 487, Page 842, Volume 491, Page 48,

F.B.C.D.R.;

North 02° 37' 46" West, along the east right-of-way line of

said FM 723, 686.39 feet to a TxDOT concrete right-of-way monument

found for an angle point;

North 01° 51' 42" West, continuing along the east right-of-way

line of said FM 723, 209.90 feet to a 5/8-inch iron rod with cap

stamped "1535/4035" found for most westerly northwest corner of

said 606.445 acre tract, said point also being the southwest corner

of that certain called 2.780 acre tract conveyed to Harriett

Peckham Geick, Trust by an instrument of record under File Number

9532533, F.B.C.O.P.R.;

Thence, North 87° 44' 04" East, along a north line of said

606.445 acre tract and along the south line said 2.780 acre tract,

the south line of that certain called 1.966 acre tract conveyed to

Harriett Peckham Geick, Trust by an instrument of record under File

Numbers 9532534, F.B.C.O.P.R., the south line of that certain

called 1.939 acre tract conveyed to Harriett Peckham Geick, Trust

by an instrument of record under File Number 9532536, F.B.C.O.P.R.,

and the south line of and 3.683 acre tract conveyed to Harriett

Peckham Geick, Trust by an instrument of record under File Number

9532533, F.B.C.O.P.R., 1,557.40 feet to a 1/2-inch iron pipe found

for the southeast corner of said 3.683 acre tract and an interior

corner of said 606.445 acre tract;

Thence, North 01° 13' 16" West, along the east line of said

3.683 acre tract and a west line of said 606.445 acre tract, 535.34

feet to a point in the centerline of said Jones Creek;

Thence, along the centerline of the aforementioned

Jones Creek the following nineteen (19) courses:

North 40° 09' 00" West, 64.68 feet;

North 19° 20' 07" West, 114.00 feet;

North 00° 48' 07" West, 110.60 feet;

North 17° 11' 53" East, 105.00 feet;

North 31° 01' 53" East, 128.80 feet;

North 42° 32' 53" East, 146.70 feet;

North 52° 02' 53" East, 164.50 feet;

North 57° 09' 53" East, 355.80 feet;

North 46° 32' 53" East, 194.18 feet;

North 36° 08' 58" East, 137.73 feet;

North 18° 09' 55" East, 133.20 feet;

North 15° 55' 14" East, 209.10 feet;

North 11° 03' 37" East, 264.90 feet;

North 03° 53' 53" East, 451.70 feet;

North 09° 25' 53" East, 318.40 feet;

North 21° 10' 53" East, 130.30 feet;

North 34° 04' 53" East, 240.10 feet;

North 30° 26' 13" East, 372.70 feet;

North 41° 41' 53" East, 156.20 feet to the north corner of the

aforementioned 606.445 acre tract, said point being on the west

line of the aforementioned 355.322 acre tract, the apparent east

line of said William Andrews Survey, the apparent west line of the

Samuel Isaacs Survey, and on the aforementioned boundary line

agreement;

Thence, South 02° 38' 33" East, along an east line of said

606.445 acre tract and the west line of said 355.322 acre tract, the

apparent east line of said William Andrews Survey, the apparent

west line of the Samuel Isaacs Survey, and said boundary line

agreement, 1,987.56 feet to the POINT OF BEGINNING and containing

956.942 gross acres (41,684,411 square feet) of land.

Save and Except the following tract of land:

Being 45.362 acres (1,975,978 square feet) of land located in

the Samuel Isaacs Survey, Abstract 35, Fort Bend County, Texas,

more particularly being all of that certain called 16.76 acre tract

conveyed to Ambrose Gerner Jr. by an instrument of record under

Volume 1468, Page 455 of the Fort Bend County Deed Records

(F.B.C.D.R.), a portion of the remainder of that certain called 125

acre tract conveyed to by an instrument of record under Volume Z,

Page 365, F.B.C.D.R.,

BEGINNING at a 1-inch iron pipe found for the northeast

corner of the said 16.76 acre tract, said point being an interior

corner of the said 606.445 acre tract;

Thence, South 02° 19' 35" East, along the east line of said

16.76 acre tract and partially along the west line of the

aforementioned PECAN HOLLOW SUBDIVISION, 1,194.20 feet to a

5/8-inch iron rod with cap stamped "1535-4035" found for a

northeast corner of said 606.445 acre tract;

Thence, South 89° 01' 18" West, departing the west line of

said PECAN HOLLOW SUBDIVISION and along a north line of said 606.445

acre tract, 1,549.11 feet to a point for corner;

Thence, South 18° 46' 20" West, along a north line of said

606.445 acre tract 30.56 feet to a point for corner;

Thence, South 36° 46' 42" West, along a north line of said

606.445 acre tract 159.95 feet to a point for corner;

Thence, South 49° 47' 26" West, along a north line of said

606.445 acre tract 121.24 feet to a 5/8-inch iron rod with cap

stamped "1535-4035" found for corner;

Thence, North 11° 08' 37" West, along a north line of said

606.445 acre tract, 146.39 feet to the centerline of Jones Creek;

Thence, along the centerline of said Jones Creek and an

easterly line of said 606.445 acre tract the following seven (7)

courses and distances:

North 26° 03' 29" East, 46.74 feet;

North 23° 17' 33" East, 223.92 feet;

North 01° 15' 17" West, 300.30 feet;

North 03° 31' 37" West, 281.90 feet;

North 01° 10' 17" West, 281.00 feet;

North 08° 11' 37" West, 66.30 feet;

North 28° 20' 57" West, 65.54 feet to the northwest corner of

said 16.76 acre tract;

Thence, North 87° 21' 33" East, along the north line of said

16.76 acre tract and a south line of said 606.445 acre tract,

1,689.85 feet to the POINT OF BEGINNING and containing 45.362 acres

(1,975,978 square feet) of land.

Resulting in a total of 911.580 net acres (39,708,433, square

feet) of land.

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) Section 9095.0306, Special District Local

Laws Code, as added by Section 1 of this Act, takes effect only if

this Act receives a two-thirds vote of all the members elected to

each house.

(b) If this Act does not receive a two-thirds vote of all the

members elected to each house, Subchapter C, Chapter 9095, Special

District Local Laws Code, as added by Section 1 of this Act, is

amended by adding Section 9095.0306 to read as follows:

Sec.

9095.0306.

NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

(c) 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. 5655 was passed by the House on May

21, 2025, by the following vote: Yeas 93, Nays 48, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 5655 was passed by the Senate on May

28, 2025, by the following vote: Yeas 27, Nays 4.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor