HB 5670

H.B. No. 5670
  AN ACT
  relating to the creation of the Montgomery County Municipal Utility
  District No. 259; 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 8012A to read as follows:
  CHAPTER 8012A.  MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
  NO. 259
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8012A.0101.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "Director" means a board member.
               (4)  "District" means the Montgomery County Municipal
  Utility District No. 259.
         Sec. 8012A.0102.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8012A.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. 8012A.0104.  CONSENT OF MUNICIPALITY REQUIRED.  The
  temporary directors may not hold an election under Section
  8012A.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. 8012A.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. 8012A.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. 8012A.0201.  GOVERNING BODY; TERMS.  (a)  The district
  is governed by a board of five elected directors.
         (b)  Except as provided by Section 8012A.0202, directors
  serve staggered four-year terms.
         Sec. 8012A.0202.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Jerry Everhard;
               (2)  Darby Oldham Kent;
               (3)  Troy A. Brown;
               (4)  Brett West; and
               (5)  Caleb Davis.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8012A.0103; or
               (2)  September 1, 2029.
         (c)  If permanent directors have not been elected under
  Section 8012A.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 8012A.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. 8012A.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8012A.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. 8012A.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. 8012A.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. 8012A.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. 8012A.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. 8012A.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
  8012A.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. 8012A.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8012A.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. 8012A.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. 8012A.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. 8012A.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. 8012A.0503.  BONDS FOR ROAD PROJECTS.  At the time of
  issuance, the total principal amount of bonds or other obligations
  issued or incurred to finance road projects and payable from ad
  valorem taxes may not exceed one-fourth of the assessed value of the
  real property in the district.
         SECTION 2.  The Montgomery County Municipal Utility District
  No. 259 initially includes all the territory contained in the
  following area:
  342.736 ACRES
  (342.386-acre tract and 0.350-acre tract)
  FIELD NOTES FOR 342.386 ACRES
  Being a 342.386 acre tract of land located within the Thomas J.
  Williams Survey, Abstract No. 593, the Martin B. Lawrence Survey,
  Abstract No. 310, and the Presley Gill Survey, Abstract No. 230,
  Montgomery County, Texas, being all of a called 342.655 acre tract,
  as recorded in County Clerks File No. (C.C.F.N.) 2024083985 of the
  Official Public Records of Montgomery County, Texas
  (O.P.R.M.C.T.), and all of a called 0.343 acre tract, as recorded in
  C.C.F.N. 2024083985 of the O.P.R.M.C.T., combined referred to
  hereafter as the above referenced tract of land, said 342.386 acre
  tract being more particularly described by metes and bounds as
  follows (bearings are based on the Texas Coordinate System of 1983,
  (NAD83) Central Zone, per GPS observations):
  BEGINNING at a 3/4-inch iron pipe found (pinched) for corner, being
  the Northeast corner of the above referenced tract, same being the
  Southeast corner of a called 94.699 acre tract, as recorded in
  C.C.F.N. 2022149597 of the O.P.R.M.C.T., same being the Southwest
  corner of a called 114.235 acre tract, as recorded in C.C.F.N.
  2022149965 of the O.P.R.M.C.T., same being the Northwest corner of
  a called 190.3782 acre tract, as recorded in C.C.F.N. 9329517 of the
  O.P.R.M.C.T.;
  THENCE South 03°30'21" East, along the East line of the above
  referenced tract, same being the West line of said called 190.3782
  acre tract, and the West line of a called 277.3296 acre tract, as
  recorded in C.C.F.N. 2006119068 of the O.P.R.M.C.T., a distance of
  3,908.80 feet to a 3/4-inch iron pipe found (pinched) for corner,
  being an angle point in the East line of the above referenced tract;
  THENCE South 56°46'57" East, along the Easterly line of the above
  referenced tract, same being the Westerly line of said called
  277.3296 acre tract, a distance of 672.27 feet to a point;
  THENCE South 06°03'09" East, over and across the above referenced
  tract, a distance of  160.45 feet to a point for corner, being in
  Peach Creek;
  THENCE North 69°00'30" West, along said Peach Creek, a distance of
  81.97 feet to a point for corner;
  THENCE North 84°04'48" West, along said Peach Creek, a distance of
  186.94 feet to a point for corner;
  THENCE North 83°05'29" West, along said Peach Creek, a distance of
  103.60 feet to a point for corner;
  THENCE North 89°23'55" West, along said Peach Creek, a distance of
  99.30 feet to a point for corner;
  THENCE South 83°06'59" West, along said Peach Creek, a distance of
  85.86 feet to a point for corner;
  THENCE South 67°33'36" West, along said Peach Creek, a distance of
  96.43 feet to a point for corner;
  THENCE North 85°03'20" West, along said Peach Creek, a distance of
  139.37 feet to a point for corner;
  THENCE North 36°52'04" West, along said Peach Creek, a distance of
  71.26 feet to a point for corner;
  THENCE South 83°16'48" West, along said Peach Creek, a distance of
  50.98 feet to a point for corner;
  THENCE South 21°21'04" West, along said Peach Creek, a distance of
  73.24 feet to a point for corner;
  THENCE South 71°51'57" West, along said Peach Creek, a distance of
  93.60 feet to a point for corner;
  THENCE North 72°46'17" West, along said Peach Creek, a distance of
  71.92 feet to a point for corner;
  THENCE South 73°06'31" West, along said Peach Creek, a distance of
  136.79 feet to a point for corner;
  THENCE North 87°54'03" West, along said Peach Creek, a distance of
  198.79 feet to a point for corner;
  THENCE North 63°27'29" West, along said Peach Creek, a distance of
  182.42 feet to a point for corner;
  THENCE North 75°57'05" West, along said Peach Creek, a distance of
  75.96 feet to a point for corner;
  THENCE South 40°27'42" West, along said Peach Creek, a distance of
  80.51 feet to a point for corner;
  THENCE North 51°33'56" West, along said Peach Creek, a distance of
  167.25 feet to a point for corner;
  THENCE South 78°34'17" West, along said Peach Creek, a distance of
  114.32 feet to a point for corner;
  THENCE South 36°53'39" West, along said Peach Creek, a distance of
  44.03 feet to a point for corner;
  THENCE South 35°07'20" East, along said Peach Creek, a distance of
  70.81 feet to a point for corner;
  THENCE South 61°41'14" East, along said Peach Creek, a distance of
  74.58 feet to a point for corner;
  THENCE South 50°41'44" West, along said Peach Creek, a distance of
  257.15 feet to a point for corner;
  THENCE South 43°26'06" West, along said Peach Creek, a distance of
  146.31 feet to a point for corner;
  THENCE North 85°36'57" West, along said Peach Creek, a distance of
  65.71 feet to a point for corner;
  THENCE North 05°46'04" East, along said Peach Creek, a distance of
  71.43 feet to a point for corner;
  THENCE North 83°44'36" West, along said Peach Creek, a distance of
  155.13 feet to a point for corner;
  THENCE North 72°21'48" West, along said Peach Creek, a distance of
  197.06 feet to a point for corner;
  THENCE South 88°30'59" West, along said Peach Creek, a distance of
  63.87 feet to a point for corner;
  THENCE North 06°09'14" East, along said Peach Creek, a distance of
  45.98 feet to a point for corner;
  THENCE North 54°34'31" East, along said Peach Creek, a distance of
  150.69 feet to a point for corner;
  THENCE North 12°41'45" East, along said Peach Creek, a distance of
  60.84 feet to a point for corner;
  THENCE North 38°16'33" West, along said Peach Creek, a distance of
  125.36 feet to a point for corner;
  THENCE North 84°39'10" West, along said Peach Creek, a distance of
  94.40 feet to a point for corner;
  THENCE North 29°23'50" West, along said Peach Creek, a distance of
  105.19 feet to a point for corner;
  THENCE North 45°14'51" West, along said Peach Creek, a distance of
  369.11 feet to a point for corner;
  THENCE South 29°28'04" West, along said Peach Creek, a distance of
  111.97 feet to a point for corner;
  THENCE North 89°46'10" West, along said Peach Creek, a distance of
  318.26 feet to a point for corner;
  THENCE South 81°03'28" West, along said Peach Creek, a distance of
  291.98 feet to a point for corner;
  THENCE North 24°28'50" West, along said Peach Creek, a distance of
  86.81 feet to a point for corner;
  THENCE North 54°41'25" East, along said Peach Creek, a distance of
  85.59 feet to a point for corner;
  THENCE North 57°52'48" East, along said Peach Creek, a distance of
  90.25 feet to a point for corner;
  THENCE North 02°58'50" West, along said Peach Creek, a distance of
  81.02 feet to a point for corner;
  THENCE South 52°39'33" West, along said Peach Creek, a distance of
  109.86 feet to a point for corner;
  THENCE South 82°57'52" West, along said Peach Creek, a distance of
  232.05 feet to a point for corner;
  THENCE South 60°59'56" West, along said Peach Creek, a distance of
  163.99 feet to a point for corner;
  THENCE North 43°31'56" West, along said Peach Creek, a distance of
  117.90 feet to a point for corner;
  THENCE North 11°08'12" West, along said Peach Creek, a distance of
  119.61 feet to a point for corner;
  THENCE North 52°07'38" West, along said Peach Creek, a distance of
  128.29 feet to a point for corner;
  THENCE North 42°30'46" East, along said Peach Creek,  a distance of
  94.55 feet to a point for corner;
  THENCE North 59°04'41" West, along said Peach Creek, a distance of
  244.51 feet to a point for corner;
  THENCE North 71°46'08" West, along said Peach Creek, a distance of
  359.19 feet to a point for corner;
  THENCE South 57°31'02" West, along said Peach Creek, a distance of
  88.00 feet to a point for corner;
  THENCE North 72°08'50" West, along said Peach Creek, a distance of
  227.08 feet to a point for corner;
  THENCE North 40°33'43" West, along said Peach Creek, a distance of
  172.91 feet to a point for corner;
  THENCE North 86°07'03" West, along said Peach Creek, a distance of
  79.01 feet to a point for corner;
  THENCE North 23°17'34" West, along said Peach Creek, a distance of
  168.60 feet to a point for corner;
  THENCE North 03°07'09" West, along said Peach Creek, a distance of
  216.10 feet to a point for corner;
  THENCE North 52°19'34" East, along said Peach Creek, a distance of
  94.33 feet to a point for corner;
  THENCE South 46°59'09" East, along said Peach Creek, a distance of
  91.22 feet to a point for corner;
  THENCE North 02°40'53" East, along said Peach Creek,  a distance of
  115.82 feet to a point for corner;
  THENCE North 09°11'34" West, along said Peach Creek, a distance of
  313.08 feet to a point for corner;
  THENCE North 08°03'36" West, along said Peach Creek, a distance of
  315.49 feet to a point for corner;
  THENCE North 13°03'08" West, along said Peach Creek, a distance of
  36.21 feet to a point for corner, being the Northwest corner of the
  above referenced tract, same being on the South Right-of-Way
  (R.O.W.) line of Faulkner Road;
  THENCE North 69°36'15" East, along the Westerly line of the above
  referenced tract, same being the South R.O.W. line of said Faulkner
  Road, a distance of 110.48 feet to a 5/8-inch capped iron rod,
  stamped "Baker & Lawson" set for corner;
  THENCE, along the Westerly line of the above referenced tract, same
  being the South R.O.W. line of said Faulkner Road, and a curve to
  the left, an arc distance of 23.30 feet to a 3/4-inch iron rod
  (pinched) found for corner, said curve having a radius of 264.39
  feet, a central angle of 05°02'56", a chord which bears
  North 64°43'44" East a distance of 23.29 feet;
  THENCE North 84°31'42" East, along an interior North line of the
  above referenced tract, same being the South line of a called 50.621
  acre tract, as recorded in C.C.F.N. 2017045300 of the O.P.R.B.C.T.,
  a distance of 1,434.04 feet to a concrete monument found for corner,
  from which a 3/4-inch iron pipe found bears, South 51°26'30" East, a
  distance of  0.53 feet, said concrete monument being an interior
  corner of the above referenced tract;
  THENCE North 03°44'42" West, along an interior West line of the
  above referenced tract, same being the East line of said called
  50.621 acre tract, a distance of 668.60 feet to a 3/4-inch iron pipe
  found for corner, being an interior corner of the above referenced
  tract;
  THENCE South 87°38'38" West, along an interior South line of the
  above referenced tract, same being the North line of said called
  50.621 acre tract, a distance of 479.20 feet to a 5/8-inch iron rod
  with cap stamped "Cleveland Surveying 2056" found for corner, being
  a Southwest corner of the above referenced tract;
  THENCE North 03°39'19" West, along the West line of the above
  referenced tract, same being the East line of said called 50.621
  acre tract, and the East line of a called 11.6 acre tract, as
  recorded in Volume 504, Page 45 of the Deed Records, Montgomery
  County, Texas (D.R.M.C.T.), a distance of 122.58 feet to a fence
  corner post found for corner;
  THENCE South 86°47'53" West, along the South line of said called
  0.3400 acre tract, same being the North line of said called 50.621
  acre tract, a distance of  85.02 feet to a 5/8-inch iron rod found
  for corner, being on the East R.O.W. line of said Faulkner Road;
  THENCE North 03°23'24" East, along the West line of said called
  0.3400 acre tract, same being the East R.O.W. line of said Faulkner
  Road, a distance of  33.31 feet to a 5/8-inch iron rod with cap,
  stamped "Baker & Lawson" set for corner;
  THENCE North 23°59'28" West, along the West line of said called
  0.3400 acre tract, same being the East R.O.W. line of said Faulkner
  Road, a distance of  124.80 feet to a 5/8-inch iron rod found for
  corner;
  THENCE North 85°15'42" East, along the North line of said called
  0.3400 acre tract, same being the South line of a called 20 acre
  tract, as recorded in Volume 682, Page 50 of the D.R.M.C.T., a
  distance of  124.33 feet to a 3/4-inch iron pipe found for corner,
  being the Northeast corner of said called 0.3400 acre tract, same
  being the Northwest corner of said called 50 acre tract;
  THENCE North 86°25'07" East, along the North line of the above
  referenced tract, same being the South line of said called 20 acre
  tract, distance of 849.56 feet to a 5/8-inch iron rod found for
  corner, being an interior corner of the above referenced tract;
  THENCE North 02°56'18" West, along the West line of the above
  referenced tract, same being the East line of said called 20 acre
  tract, a distance of 694.00 feet to a 5/8-inch capped iron rod,
  stamped "Baker & Lawson" set for corner, being a Northwest corner of
  the above referenced tract;
  THENCE North 86°43'15" East, along the North line of the above
  referenced tract, same being the South line of a called 18.0355 acre
  tract, as recorded in C.C.F.N. 2005007070 of the O.P.R.M.C.T., a
  distance of 1,039.00 feet to a 3/8-inch iron pipe found for corner,
  being an interior corner of the above referenced tract;
  THENCE North 03°38'33" West, along the West line of the above
  referenced tract, same being the East line of said called 18.0355
  are tract, a distance of 103.01 feet to a 3/4-inch iron pipe
  (pinched) found for corner, being the Northwest corner of the above
  referenced tract;
  THENCE North 86°31'26" East, along the North line of the above
  referenced tract, same being the South line of said called 94.699
  acre tract, a distance of 1499.68 feet to the POINT OF BEGINNING of
  the herein described tract of and containing 342.386 acres of land,
  more or less.
  FIELD NOTES FOR 0.350 ACRES
  Being a 0.350 acre tract of land located within the Thomas J.
  Williams Survey, Abstract No. 593, the Martin B. Lawrence Survey,
  Abstract No. 310, and the Presley Gill Survey, Abstract No. 310,
  Montgomery County, Texas, being all of a called 0.3497 acre tract,
  as recorded in County Clerks File No. (C.C.F.N.) 2019019044 of the
  Official Public Records of Montgomery County, Texas
  (O.P.R.B.C.T.), referred to hereafter as the above referenced tract
  of land, said 0.350 acre tract being more particularly described by
  metes and bounds as follows (bearings are based on the Texas
  Coordinate System of 1983, (NAD83) Central Zone, per GPS
  observations):
  BEGINNING at a concrete monument found for corner, being the
  Northwest corner of the above referenced tract, same being on the
  South line of a called 50.621 acre tract, as recorded in C.C.F.N.
  2017045300 of the O.P.R.M.C.T.;
  THENCE North 84°17'50" East, along the North line of the above
  referenced tract, same being the South line of said called 50.621
  acre tract, a distance of 292.35 feet to a 5/8-inch iron rod found
  for corner, being the Northeast corner of the above referenced
  tract, same being on the Northwest Right-of-Way (R.O.W.) line of
  Faulker Road;
  THENCE South 70°56'30" West, along the South line of the above
  referenced tract, same being the North R.O.W. line of said Faulker
  Road, distance of 25.15 feet to a 5/8-inch capped iron rod, stamped
  "Baker & Lawson" set for corner;
  THENCE South 66°47'37" West, along the South line of the above
  referenced tract, same being the North R.O.W. line of said Faulker
  Road a distance of 122.21 feet to a 5/8-inch capped iron rod,
  stamped "Baker & Lawson" set for corner;
  THENCE South 58°31'21" West, along the South line of the above
  referenced tract, same being the North R.O.W. line of said Faulker
  Road a distance of 175.22 feet to a 5/8-inch capped iron rod,
  stamped "Baker & Lawson" set for corner, being the Southwest corner
  of the above referenced tract;
  THENCE North 02°35'21" West, along the West line of the above
  referenced tract, same being the East line of a called 8.67 acre
  tract, as recorded in C.C.F.N. 2013035955 of the O.P.R.B.C.T., a
  distance of 118.93 feet to the POINT OF BEGINNING of the herein
  described tract of and containing 0.350 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
  8012A, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8012A.0307 to read as
  follows:
         Sec. 8012A.0307.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
         (b)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Section 17(c),
  Article I, Texas Constitution.
         SECTION 5.  This Act takes effect September 1, 2025.
  ______________________________
  ______________________________
     President of the Senate
  Speaker of the House     
         I certify that H.B. No. 5670 was passed by the House on May
  10, 2025, by the following vote:  Yeas 81, Nays 47, 2 present, not
  voting.
  ______________________________
  Chief Clerk of the House   
         I certify that H.B. No. 5670 was passed by the Senate on May
  28, 2025, by the following vote:  Yeas 28, Nays 3.
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
            _____________________
                   Governor