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.

89(R) HB 5695 - Enrolled version - Bill Text

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