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  S.B. No. 1355
 
 
 
 
AN ACT
  relating to the creation of the Brazoria County Municipal Utility
  District No. 83; 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 7922A to read as follows:
  CHAPTER 7922A. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 83
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 7922A.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 Brazoria County Municipal
  Utility District No. 83.
         Sec. 7922A.0102.  NATURE OF DISTRICT. The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7922A.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. 7922A.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  7922A.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.
         Sec. 7922A.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. 7922A.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. 7922A.0201.  GOVERNING BODY; TERMS. (a) The district
  is governed by a board of five elected directors.
         (b)  Except as provided by Section 7922A.0202, directors
  serve staggered four-year terms.
         Sec. 7922A.0202.  TEMPORARY DIRECTORS. (a) The temporary
  board consists of:
               (1)  Todd Casper;
               (2)  Johnnie Wright;
               (3)  Jeff Perry;
               (4)  Matthew Brown; and
               (5)  Shelley Stone.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 7922A.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 7922A.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 7922A.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. 7922A.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7922A.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. 7922A.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. 7922A.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. 7922A.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.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 7922A.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
  7922A.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. 7922A.0402.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held under Section 7922A.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. 7922A.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. 7922A.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. 7922A.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. 7922A.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 Brazoria County Municipal Utility District
  No. 83 initially includes all the territory contained in the
  following area:
         TRACT 1:
         A 418.318 acre (18,221,949 square feet) tract, being all of
  Lots 5, 6, 7, 8, 13, 14, 15, 16, 21, 22, 23, 24, 29, 30, 31, 32, 33,
  34, 35, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47 and 50 of the
  Allison-Richey Gulf Coast Home Company Suburban Gardens
  Subdivision of Section 73, H.T. & B. Railroad Company Survey,
  Abstract 301, according to the map or plat thereof, recorded in
  Volume 2, Page 91 and 92, of the Plat Records of Brazoria County,
  Texas (B.C.P.R.) and being all of those certain tracts conveyed to
  Westbank Bayou, LP, called 19.919 acres (Lots 5-6), recorded in
  Brazoria County Clerk's File Number (B.C.C.F. No.) 2007021508,
  called 9.929 acres (Lot 8), recorded in B.C.C.F. No. 2007017868 and
  called 9.972 acres (Lot 16), recorded in B.C.C.F. No. 2007018701
  and being all of that certain tract conveyed to Charles L. Sowell
  called 9.988 acres (Lot 7), recorded in Volume 1177, Page 396, deed
  records of Brazoria County, Texas (B.C.D.R.), and being all of
  those certain tracts conveyed to Eastbank Bayou, LP, called 10
  acres (Lot 33), recorded In B.C.C.F. No. 2007022032, called 19.944
  acres (Lots 42-43), recorded in B.C.C.F. No. 2008004369 and called
  10 acres (Lot 47), recorded in B.C.C.F. No. 2008004367 and being
  all of that certain tract conveyed to Four Forty-Three Annex No. 1,
  LTD., called 10.00 acres (Lot 50), recorded in B.C.C.F.
  No. 2006045403 and being a part of that certain tract conveyed to
  Four Forty-Three Ltd. (called 433.09 acres), recorded in Volume
  1048, Page 760, B.C.D.R., with said 18,221,949 square foot tract of
  land being more particularly described by metes and bounds as
  follows:
         COMMENCING at a 1/2 inch iron rod found at the Northeast
  corner of said Section 73 and an interior corner of the H.T. & B.
  Railroad Company Survey, Section 74, Abstract 493, recorded in
  Volume 2, Page 66, B.C.P.R.) and being at the centerline
  intersection of 60 foot Pollard Drive (as occupied) (Platted as 40
  feet - Volume 2, Page 91 and 92, B.C.P.R.) and 60 foot Del Bello
  Boulevard (as occupied)(Platted as 50 feet - Volume 2, Page 66,
  B.C.P.R.), marking the northeast corner of the Michael D. Roland
  and Marcy D. Roland tract (called 5.46 acres), recorded in B.C.C.F.
  No. 2004072423 and 2007030104, the northwest corner of the Michael
  C. Black tract (called 4.00 acres), recorded in B.C.C.F.
  No. 96-015514 and the Northeast corner of said Section 73;
         THENCE S 86°50'29" W, along and with the common line of
  Section 73 and 74 and centerline of said 40 foot platted road, at
  658.00 feet pass a point marking the southwest corner of lot 1 of
  said Section 74 and the southeast corner of the Mary V O'Donnell
  Survey, Division "O", Abstract 469, recorded in Volume 2, Page 91
  and 92, B.C.P.R., from which a 5/8 inch iron rod bears, 5 38°48'33"
  W, 3.08 feet, continuing along and with the common line of Section
  73 and Division "O" and centerline of said 40 foot platted road, a
  total distance of 1974.26 feet (called 1980.00 feet) to a 5/8 inch
  iron rod with cap stamped "FMS" set in the north line of Section 73,
  the north line of a 60 foot American Canal Company Easement,
  recorded in Volume 638, Page 127, B.C.D.R., the south line of said
  Division "O", Abstract 469, the south line of the Sylvia Buffy
  Orndorff and Dustin Aaron Different tract (called 13.93 acres),
  recorded in B.C.C.F. No. 2015054435, and the centerline of said 40'
  platted road, marking the northwest corner of the Katherine Ott
  Miles tract (called 5 acres), recorded in Volume 1459, Page 1,
  B.C.D.R., the northeast corner of said Eastbank Bayou, LP tract
  (Lot 33), and being the common corner of Lot 33 and 41 of said
  Section 73 at the most northerly Northwest corner and POINT OF
  BEGINNING of herein described tract:
         THENCE S 03°24'40" E, along and with the common line of said
  Lot 33 and 41, a distance of 660.58 feet (called 660.00 feet) to a
  1/2 inch iron rod with cap stamped "Adams RPLS 3666" found, marking
  the southeast corner of said Eastbank Bayou, LP tract (Lot 33), the
  southwest corner of said Miles tract, the northwest corner of said
  Eastbank Bayou, LP tract (called 19.944 acres), an interior corner
  of herein described tract and being the common corner of Lots 33,
  41, 42 and 34 of said Section 73;
         THENCE N 86°49'54" E, along and with the common line of Lots
  41, 42, 49 and 50 of said Section 73, a distance of 1314.38 feet
  (called 1320.00 feet) to a 5/8 inch iron rod with cap stamped "FMS"
  set, marking the southeast corner of the Jane Hetherington Brown
  and Norman Paul Brown tract (called 5 acres), recorded in B.C.C.F.
  No. 2014042893, the southwest corner of the Suzanne Renae Scopel
  tract (called 5 acres), recorded In B.C.C.F. No. 2005013089, the
  northwest corner of the Jeffery Wayne Scopel tract (called 1.157
  acres), recorded in B.C.C.F. No. 2005013109, the northeast corner
  of said Four Forty-Three Annex No. 1, LTD. Tract (called 10.00
  acres) and the most easterly northeast corner of herein described
  tract and being the common corner of Lots 49, 55, 56 and 50 of said
  Section 73;
         THENCE S 03°25'11" E, along and with the common line of Lots 50
  and 56 and east line of said Four Forty-Three Annex No. 1, LTD.
  tract, a distance of 660.67 feet (called 660.00 feet) to a 5/8 inch
  iron rod with cap stamped "FMS" set, marking the southwest corner of
  the Douglas Varner Tract (called 1.157 acres), recorded in Volume
  (91) 906, Page 253, of the official records of Brazoria County,
  Texas (B.C.O.R.), the northwest corner of the Laura Loterbauer
  tract (called Minor Plat of 2.50 acres), recorded in B.C.C.F.
  No. 2018006317, the northeast corner of the Louis Lira tract
  (called 20 acres), recorded in Volume 1694, Page 653, B.C.D.R. and
  an angle point for corner of herein described tract and being the
  common corner of Lots 50, 56, 57 and 51 of said Section 73;
         THENCE S 86°50'32" W, along and with the common line of Lots 50
  and 51, same being the common line of said Four Forty-Three Annex
  No. 1, LTD. Tract and said Lira tract, a distance of 657.24 feet
  (called 660.00 feet), to a 5/8 inch iron rod with cap stamped "FMS"
  set, in the east line of said Eastbank Bayou, LP tract (called
  19.944 acres), marking the southwest corner of said Four
  Forty-Three Annex No. 1, LTD. tract, the northwest corner of said
  Lira tract, an interior corner of herein described tract and being
  the common corner of Lots 50, 5l, 43 and 42 of said Section 73;
         THENCE S 03°24'55" E, along and with the common line of Lots
  43, 51, 44, 52, 45, 46 and 61 at 1320.21 feet (called 1320.00 feet)
  pass a point in the centerline of a 40 foot platted road, recorded
  in Volume 2, page 91 and 92, B.C.P.R. marking the northwest corner
  of the Coastal Bend Land Investments, LP tract (called 40.0060
  acres)(called Lot 61), recorded in B.C.C.F. No. 2006049617 and
  being the common corner of Lots 44, 52, 61 and 45, continuing for a
  total distance of 3299.48 feet (called 3300.00 feet) to a 5/8 inch
  iron rod with cap stamped "FMS" set, marking the southwest corner of
  the Jose T. Villanueva and Trinidad Villanueva tract (called 5
  acres), recorded in B.C.C.F. No. 2004036528, the northwest corner
  of the Roger Hernandez Gandarillas and Shella M. Rosario Crespo
  tract (called 1.000 acre), recorded In B.C.C.F. No. 2015020827, the
  northeast corner of said Aspect Energy, LLC tract (called 10
  acres), the southeast corner of the said Eastbank Bayou, LP tract
  (called 10 acres)(Lot 47), the most easterly southeast corner of
  herein described tract and being the common corner of Lots 53, 54,
  48 and 47 of said Section 73;
         THENCE S 86°49'54" W, along and with the common line of Lots 48
  and 47, same being the common line of said Eastbank Bayou, LP tract
  (Lot 47) and said Aspect Energy, LLC tract, a distance of 657.49
  feet (called 660.00 feet) to a 1/2 inch iron rod with cap stamped
  "Adams RPLS 3666" found in the east line of the of said 443.09 acre
  tract, marking the southwest corner of said Eastbank Bayou, LP
  tract and the northwest corner of said Aspect Energy, LLC tract, and
  interior corner of herein described tract and being the common
  corner of Lots 48, 40, 39 and 47 of said Section 73;
         THENCE S 03°24'40" E, along and with the common line of Lots 48
  and 40, same being the common line of said Aspect Energy, LLC tract
  and said 443.09 acre tract, a distance of 660.05 feet (called 660.00
  feet) to a 5/8 inch iron rod with cap stamped "FMS" set in the
  centerline of a 40 foot platted road, recorded in Volume 2, Page 91
  and 92, B.C.P.R., in the called south line of Section 73 and the
  north line of the H.T. & B. Railroad Company Survey, Section 64,
  Abstract 483 and the north line of the Dr. A.A. Luther Subdivision
  of Manvel, recorded in Volume 1, Page 71 and 72 and Volume 3, Page
  139 and 140, B.C.P.R. and the north line of Outlot 181 of said
  Dr. A.A. Luther Subdivision, marking the northwest corner of the
  Coastal Bend Land Investments, LP tract (remainder of a called
  167.073 acre tract), recorded in B.C.C.F. No. 2004058628, the
  southwest corner of said Aspect Energy, LLC tract, an angle point in
  the east line of said 443.09 acre tract and an angle point for
  corner of herein described tract and being the common corner of Lots
  48 and 40 of said Section 73, from which a 5/8 inch iron rod with cap
  stamped "Base Line" found marking the southeast corner of said
  Section 73 bears, S 86°50'11" W, 1975.03 feet;
         THENCE S 86°50'11" W, continuing along and with the common
  line of said Section 73, Section 64 and the Dr. A.A. Luther
  Subdivision, same being the common line of said Outlot 181 and Lot
  40, and centerline of said 40 foot platted road, a distance of
  147.66 feet to a 5/8 inch iron rod with cap stamped "FMS" set in said
  common line, marking the northeast corner of the Four Forty-Three,
  LTD. Tract (called 24.00 acres)(Outlot 195), recorded in Volume
  1048, Page 760, B.C.D.R. and an interior corner of herein described
  tract and being the westerly line of a 40 foot platted road,
  recorded in Volume 1, Page 71 and 72 and Volume 3, Page 139 and 140,
  B.C.P.R.;
         THENCE S 19°30'25" W, along and with the easterly line of said
  Outlot 195 and the westerly line of said 40 foot platted road, at
  909.98 feet pass a 1/2 inch iron rod found, marking the
  southeasterly corner of said Outlot 195 and the northeasterly
  corner of the Four Forty-Three, LTD. Tract (called 20.00
  acres)(North 1/2 of Outlot 180), continuing for a total distance of
  1569.69 feet to a 1 inch iron pipe found, marking the southeasterly
  corner of said 20.00 acre tract, the northeasterly corner of the
  Beazer Homes Texas, LP tract (called 19.99 acres)(South 1/2 Outlot
  180), recorded in B.C.C.F. No. 2016050422 and an angle point in the
  westerly line of the Beazer Homes Texas, LP tract (called 5.40
  acres), recorded in B.C.C.F. No. 2016050422 and the most easterly
  southeast corner of herein described tract;
         THENCE N 70°27'42" W, along and with the common line of said
  North1/2 of Outlot 180 and the South 1/2 of Outlot 180, a distance
  of 1319.95 feet (called 1320.00 feet) to a 1/2 inch iron rod with
  cap stamped "Adams RPLS 3666" found in the easterly line of the Four
  Forty-Three, LTD. Tract (called 46.35 acres)(Outlot 175), marking
  the common corner of the South1/2 and North 1/2 of Outlet 180 and an
  interior corner of herein described tract;
         THENCE S 19°29'54" W, along and with the common line of said
  46.35 acre tract and said 19.99 acre tract, same being the common
  line of Outlot 180 and 175, a distance of 660.47 feet to a 1/2 inch
  iron rod with cap stamped "LIA Eng" found in the north line of a 40
  foot platted road, recorded in Volume 1, Page 71 and 72 and Volume
  3, Page 139 and 140, B.C.P.R., marking the most westerly northwest
  corner of said 5.40 acre tract, the southeasterly corner of said
  46.35 acre tract and the southwesterly corner of said 19.99 acre
  tract and an interior corner of herein described tract;
         THENCE N 70°26'20" W, along and with the south line of 46.35
  acre tract and the north line of said 40 foot platted road, a
  distance of 1321.08 feet to a 1/2 inch iron rod with cap stamped
  "Adams RPLS 3666" found in the easterly line of the Four
  Forty-Three, LTD. Tract (called 27.7947 acres)(Outlot 174) and the
  westerly line of said 40 foot platted road, marking the
  southwesterly corner of said 46.35 acre tract and an interior
  corner of herein described tract;
         THENCE S 19°28'54" W, along and with the common line of said
  27.7947 acre tract and westerly line of said 40 foot platted road, a
  distance of 1390.63 feet to a TxDot Brass Disk found in the
  northwesterly right-of-way (r.o.w.) line of State Highway No. 6
  (a.k.a. Morris Avenue)(200' R.O.W.), recorded in B.C.C.F.
  No. 2013053500, marking the southeasterly corner of said 27.7947
  acre tract and the most southerly southeast corner of herein
  described tract;
         THENCE N 70°30'10" W, along the northwesterly r.o.w. line of
  said State Highway No. 6, a distance of 33.83 feet to a TxDot Brass
  Disk found, marking the southeasterly corner of the Russell T. Rudy
  and Randall D. Rudy tract (called 18 acres), recorded in Volume
  1408, Page 806, B.C.D.R., the southwesterly corner of said 27.7947
  acre tract and the most southerly southwest corner of herein
  described tract, from which a TxDot Brass Disk found, at the
  intersection of easterly r.o.w. line of County Road 82 (a.k.a. Iowa
  Lane)(60' R.O.W. as occupied), recorded in B.C.C.F. No. 2006021816
  and the northwesterly r.o.w. line of said State Highway No. 6,
  marking the southwesterly corner of a 0.217 acre tract, recorded in
  B.C.C.F. No. 2013053500 bears, N 70°30'10" W, 365.23 feet;
         THENCE N 03°19'19" W, along and with the common line of said
  27.7947 acre tract and said 18 acre tract, a distance of 2310.10
  feet to a 1/2 inch iron rod with cap stamped "Adams RPLS 3666"
  found, marking the northwest corner of said 27.7947 acre tract and
  an angle point for corner of herein described tract, from which a
  3/4 inch pinched top pipe bears, N 09°17' W, 1.1 feet and from which
  an iron rod with cap stamped "Kalkomey" found in the easterly r.o.w.
  line of said County Road 82, marking the northwest corner of said 18
  acre tract, bears S 87°00'54" W, 328.14 feet and a 5/8 inch iron rod
  found in the easterly r.o.w. line of said County Rood 82, marking
  the southwest corner of a called 41.4819 acre tract, recorded in
  B.C.C.F. No. 2003061748 bears, N 02°13'14" W, 38.07 feet;
         THENCE N 86°57'38" E, along and with the north line of said 18
  acre tract, a distance of 729.52 feet to a 5/8 inch iron rod with cap
  stamped "FMS" set, at the southwest corner of Section 73 and being
  in the centerline intersection of two 40 foot platted roads and
  being the common corner of said Section 73 and the H.T. & B.
  Railroad Company Survey, Section 72, Abstract 460, marking the
  southeast corner of the Brazos River Authority tract (called 6.676
  acres)(cause no. S4,761A), recorded in Volume 33, Page 154,
  district clerk records of Brazoria County, Texas (B.C.D.C.R.), the
  southwest corner of the Brazoria County MUD No. 43 Drainage
  Easement (called 1.675 acres, recorded in B.C.C.F. No. 2016026159,
  the southwest corner of said 9.929 acre tract and an interior corner
  of herein described tract;
         THENCE N 03°28'57" W, along and with the common line of said
  Section 73 and Section 72 and centerline of said 40 foot platted
  road, at 40.00 feet pass a point marking the southwest corner of a
  0.34 acre tract (Parcel 1) out of said called 41.4819 acre tract,
  continuing for a total distance of 2640.38 feet (called 2640.00
  feet) to a 1 inch iron pipe found, marking the northwest corner of a
  0.25 acre tract (Parcel 2), the northwest corner of said 19.919 acre
  tract, the northwest corner of a 3.430 acre drainage easement,
  recorded in B.C.C.F. No. 2016026156, the northeast corner of said
  Brazos River Authority tract (called 6.676 acres), the southeast
  corner of the Brazos River Authority Parcel "D" tract (called 3.18
  acres), recorded in Volume 1070, Page 315, B.C.D.R., the southwest
  corner of the Brazos River Authority Parcel "B" tract (called 0.61
  acres), recorded in Volume 1070, Page 318, B.C.D.R., the southwest
  corner of the Brazoria County Municipal Utility District (M.U.D.)
  No. 43 Drainage Easement tract (called 1.739 acres), recorded in
  B.C.C.F. No. 2016011559 and the common corner of Lots 4 and 5,
  Section 73, from which a 1/2 inch iron rod found in the east r.o.w.
  line of County Road 82 (a.k.a. Iowa Lane)(60' R.O.W. as occupied),
  recorded in B.C.C.F. No. 2006021816, marking the southwest corner
  of the Joan Bann eyer tract (called 1.367 acres), recorded in
  B.C.C.F. No. 2005003981 and the northwest corner of the Sonmar of
  Scottsdale, LLC tract (called 53.948 acres), bears S 86°37'46" W,
  900.42 feet;
         THENCE N 86°51'03" E, along and with the common line of herein
  described tract and said lot 4 and the centerline of a 40 foot
  platted road, at 657.75 feet (called 660.00 feet) pass a 3/4 inch
  iron pipe found, marking the northeast corner of said 19.919 acre
  tract and the southwest corner of the 102929 Brazoria Inc. tract
  (called 34.90 acres), recorded in B.C.C.F. No. 2005033429 and being
  the common corner of Lots 4, 12, 13 and 5, and at 1973.99 feet
  (called 1980.00 feet) pass a 1/4 inch iron pipe found, marking the
  southeast corner of said 34.90 acre tract and being the common
  corner of Lots 20, 28, 29 and 21, continuing for a total distance of
  2632.44 feet (called 2640.00 feet) to a 5/8 inch iron rod with cap
  stamped "FMS" found in the west line of a 60 foot American Canal
  Company Easement, recorded in Volume 638, Page 127, B.C.D.R.,
  marking an interior corner of said remainder of a 433.09 acre tract
  and an interior corner of herein described tract and being the
  common corner of Lots 28, 36, 37 and 29 of said Section 73;
         THENCE N 03°27'06" W, along and with the common line of Lots
  28, 36, 27, 35, 26, 34, 25 and 33 and the west line of said 60 foot
  American Canal Company Easement, a distance of 2641.03 feet (called
  2640.00 feet) to a 5/8 inch iron rod with cap stamped "FMS" found in
  the north line of Section 73, the north line of a said 60 foot
  American Canal Company Easement, the south line of the Mary V
  O'Donnell Survey, Division "O", Abstract 469, recorded in Volume 2,
  Page 91 and 92, B.C.P.R. the south line of the John and Edith
  Lebourgeois tract (called 6.978 acres), recorded in B.C.C.F.
  No. 98-053061, the north line of the Eastbank Bayou, LP tract
  (called 19.950 acres), recorded in B.C.C.F. No. 2007022032 and the
  centerline of said 40 foot platted road, marking the most northerly
  northwest corner of herein described tract and being the common
  corner of Lot 25 and 33 of said Section 73, from which a 1/2 inch
  iron rod found bears, S 82°35" E, 14.3 feet;
         THENCE N 86°50'29" E, along and with the common line of
  Section 73, Division "O", the centerline of said 40 foot platted
  road and the north line of said 60 foot American Canal Company
  Easement, a distance of 659.60' (called 660.00 feet) to the POINT OF
  BEGINNING and containing a calculated area of 418.318 acres of
  land.
         TRACT 2:
               A 19.551 acre tract, being all of lots 6 and 12 of the
  Mary V. O'Donnell Survey, Division "O", Abstract 469, according to
  the map or plat thereof, recorded in Volume 2, Page 91 and 92, of the
  plat records of Brazoria County, Texas, and being a part of that
  certain tract recorded in Volume 1048, Page 760, B.C.D.R.
         TRACT 1 and TRACT 2, together, equal a total area of 437.869
  acres.
         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
  7922A, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7922A.0306 to read as
  follows:
         Sec. 7922A.0306.  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, 2021.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1355 passed the Senate on    
  April 19, 2021, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1355 passed the House on       
  May 8, 2021, by the following vote:  Yeas 109, Nays 30, two present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor