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            |  | AN ACT | 
         
            |  | relating to the creation of the Liberty County Municipal Utility | 
         
            |  | District No. 12; 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 7977A to read as follows: | 
         
            |  | CHAPTER 7977A.  LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 12 | 
         
            |  | SUBCHAPTER A.  GENERAL PROVISIONS | 
         
            |  | Sec. 7977A.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 Liberty County Municipal | 
         
            |  | Utility District No. 12. | 
         
            |  | Sec. 7977A.0102.  NATURE OF DISTRICT.  The district is a | 
         
            |  | municipal utility district created under Section 59, Article XVI, | 
         
            |  | Texas Constitution. | 
         
            |  | Sec. 7977A.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. 7977A.0104.  CONSENT OF MUNICIPALITY REQUIRED.  The | 
         
            |  | temporary directors may not hold an election under Section | 
         
            |  | 7977A.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. 7977A.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. 7977A.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. 7977A.0201.  GOVERNING BODY; TERMS.  (a)  The district | 
         
            |  | is governed by a board of five elected directors. | 
         
            |  | (b)  Except as provided by Section 7977A.0202, directors | 
         
            |  | serve staggered four-year terms. | 
         
            |  | Sec. 7977A.0202.  TEMPORARY DIRECTORS.  (a)  On or after the | 
         
            |  | effective date of the Act enacting this chapter, 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 temporary directors the five persons | 
         
            |  | named in the petition.  The commission shall appoint as temporary | 
         
            |  | directors the five persons named in the petition. | 
         
            |  | (b)  Temporary directors serve until the earlier of: | 
         
            |  | (1)  the date permanent directors are elected under | 
         
            |  | Section 7977A.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 7977A.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 7977A.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. 7977A.0301.  GENERAL POWERS AND DUTIES.  The district | 
         
            |  | has the powers and duties necessary to accomplish the purposes for | 
         
            |  | which the district is created. | 
         
            |  | Sec. 7977A.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. 7977A.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. 7977A.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. 7977A.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. 7977A.0306.  DIVISION OF DISTRICT.  (a)  The board, on | 
         
            |  | its own motion or on receipt of a petition signed by the owner or | 
         
            |  | owners of a majority of the assessed value of the real property in | 
         
            |  | the district, may adopt an order dividing the district. | 
         
            |  | (b)  An order dividing a district may create one or more new | 
         
            |  | districts and may provide for the continuation of the district. | 
         
            |  | (c)  An order dividing the district shall: | 
         
            |  | (1)  name any new district; | 
         
            |  | (2)  include the metes and bounds description of the | 
         
            |  | territory of each of the districts; | 
         
            |  | (3)  appoint temporary directors for any new district; | 
         
            |  | and | 
         
            |  | (4)  provide for the division of assets and liabilities | 
         
            |  | between the districts. | 
         
            |  | (d)  The board may adopt an order dividing the district | 
         
            |  | before or after the date the board holds an election to confirm the | 
         
            |  | district's creation. | 
         
            |  | (e)  The district may be divided only if the district: | 
         
            |  | (1)  has never issued any bonds; and | 
         
            |  | (2)  is not imposing ad valorem taxes. | 
         
            |  | (f)   A new district created by the division of the district | 
         
            |  | may not, at the time the new district is created, contain any land | 
         
            |  | outside the area described by Section 2 of the Act enacting this | 
         
            |  | chapter. | 
         
            |  | (g)  On or before the 30th day after the date of adoption of | 
         
            |  | an order dividing the district, the district shall file the order | 
         
            |  | with the commission and record the order in the real property | 
         
            |  | records of each county in which the district is located. | 
         
            |  | (h)  This chapter applies to any new district created by the | 
         
            |  | division of the district, and a new district has all the powers and | 
         
            |  | duties of the district. | 
         
            |  | (i)  A new district created by the division of the district | 
         
            |  | shall hold a confirmation and directors' election. | 
         
            |  | (j)  If the creation of the new district is confirmed, the | 
         
            |  | new district shall provide the election date and results to the | 
         
            |  | commission. | 
         
            |  | (k)  A new district created by the division of the district | 
         
            |  | must hold an election as required by this chapter to obtain voter | 
         
            |  | approval before the district may impose a maintenance tax or issue | 
         
            |  | bonds payable wholly or partly from ad valorem taxes. | 
         
            |  | (l)  The district may continue to rely on confirmation, | 
         
            |  | directors', bond, or tax elections held prior to the division. | 
         
            |  | (m)  Municipal consent to the creation of the district and to | 
         
            |  | the inclusion of land in the district acts as municipal consent to | 
         
            |  | the creation of any new district created by the division of the | 
         
            |  | district and to the inclusion of land in the new district. | 
         
            |  | SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS | 
         
            |  | Sec. 7977A.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 | 
         
            |  | 7977A.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. 7977A.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If | 
         
            |  | authorized at an election held under Section 7977A.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. 7977A.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. 7977A.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. 7977A.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. 7977A.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 Liberty County Municipal Utility District | 
         
            |  | No. 12 initially includes all the territory contained in the | 
         
            |  | following area: | 
         
            |  | TRACT 1 - 460.66 Acres | 
         
            |  | 480.66 ACRES OF LAND, SITUATED IN THE F.J. C. SMILEY SURVEY, | 
         
            |  | ABSTRACT 345, LIBERTY COUNTY, TEXAS, BEING A PART OF THAT CERTAIN | 
         
            |  | 590.04 ACRE TRACT DESCRIBED AS TRACT THREE IN A DEED FROM | 
         
            |  | INTERNATIONAL PAPER REALTY CORPORATION TO COPPER STATION HOLDINGS, | 
         
            |  | LLC RECORDED IN LIBERTY COUNTY CLERK'S FILE 2005004984, SAID 480.66 | 
         
            |  | ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: | 
         
            |  | BEGINNING at a concrete monument stamped "CP&F L-160" found | 
         
            |  | for the lower Northwest corner of the herein described tract at an | 
         
            |  | ell corner of said 590.04 acre tract, the Northeast corner of | 
         
            |  | Tarkington Acres, according to the Plat recorded in Volume 8, Page | 
         
            |  | 21, Liberty County Map Records, and the Southeast corner of a 68.0 | 
         
            |  | acre tract described in a deed to William L. Bailey recorded in | 
         
            |  | Liberty County Clerk's File 2005016474; | 
         
            |  | Thence North 53 deg. 34 min. 28 sec. East, along the Southeast | 
         
            |  | line of the Bailey tract, a distance of 2533.94 feet to 1/2 inch | 
         
            |  | iron rod found for a corner of said Bailey tract; | 
         
            |  | Thence North 04 deg. 56 min. 54 sec. West, along the East line | 
         
            |  | of the Bailey tract, at 60.20 feet pass a 1 inch iron bar found at | 
         
            |  | the Northeast corner of the Bailey tract, being a corner of said | 
         
            |  | 590.04 acre tract and the Southeast corner of the David L. Muck 10.0 | 
         
            |  | acre tract described in clerk's File 2005003535, continue along the | 
         
            |  | West line of said 590.04 acre tract, at 1024.62 feet pass a 1/2 inch | 
         
            |  | iron rod set in the South right-of-way line of County Road 2184, | 
         
            |  | from which point a 3/8 inch iron rod found at a fence corner bears | 
         
            |  | North 70 deg. 46 min. 06 sec. East - 35.44 feet, and continue for a | 
         
            |  | total distance of 1050.63 feet to a 60d nail set for the upper | 
         
            |  | Northwest corner of the herein described tract in the centerline of | 
         
            |  | County Road 2184, said point being the southwest corner of the | 
         
            |  | Kaitlyn Hanka 42.87 acre tract described in Clerk's File | 
         
            |  | 2005016201; | 
         
            |  | Thence North 70 deg. 39 min. 07 sec. East, along the | 
         
            |  | centerline of County Road 2184, with the Southerly line of the Hanka | 
         
            |  | tract, a distance of 873.25 feet to an angle point; | 
         
            |  | Thence North 70 deg. 09 min. 40 sec. East, along the | 
         
            |  | centerline of County Road 2184, with the Southerly line of the Hanka | 
         
            |  | tract, a distance of 376.40 feet to an angle point; | 
         
            |  | Thence North 68 deg. 18 min. 24 sec. East, along the | 
         
            |  | centerline of County Road 2184, with the southerly line of the Hanka | 
         
            |  | tract, a distance of 110.56 feet to an angle point; | 
         
            |  | Thence North 65 deg. 24 min. 12 sec. East, along the | 
         
            |  | centerline of County Road 2184, with the Southerly line of the Hanka | 
         
            |  | tract, a distance of 50.58 feet to an angle point; | 
         
            |  | Thence North 63 deg. 57 min. 20 sec. East, along the | 
         
            |  | centerline of County Road 2184, with the southerly line of the Hanka | 
         
            |  | tract, a distance of 51.05 feet to an angle point; | 
         
            |  | Thence North 61 deg. 43 min. 32 sec. East, along the | 
         
            |  | centerline of County Road 2184, with the southerly line of the Hanka | 
         
            |  | tract, a distance of 6.88 feet to an angle point; | 
         
            |  | Thence North 60 deg. 11 min. 45 Sec. East, along the | 
         
            |  | centerline of County Road 2184, with the Southerly line of the Hanka | 
         
            |  | tract, a distance of 153.55 feet to an angle point; | 
         
            |  | Thence North 59 deg. 30 min. 01 sec. East, along the | 
         
            |  | centerline of County Road 2184, with the Southerly line of the Hanka | 
         
            |  | Tract, a distance of 162.45 feet to a point marking the Northeast | 
         
            |  | corner of the herein described tract at the southeast corner of the | 
         
            |  | Hanka tract, in the East line of the aforementioned 590.04 acre | 
         
            |  | tract; | 
         
            |  | Thence South 03 deg. 33 min. 57 sec. East, along the East line | 
         
            |  | of said 590.04 acre tract, at 37.18 feet pass an axle found, and | 
         
            |  | continue along the West line of the Sean Hardy Nelson 26.341 acre | 
         
            |  | tract described in Clerk's File 2005004844, the Billy E. Fly 6.0 | 
         
            |  | acre tract described in Clerk's File 2006014900, the Foster Jay | 
         
            |  | Nelson tract described in Clerk's File 2005013371, which line is | 
         
            |  | the West line of the Nelson 99.4 acre tract and the Nelson 100 acre | 
         
            |  | tract, and continue for a total distance of 4946.17 feet to an axle | 
         
            |  | found for angle point; | 
         
            |  | Thence South 01 deg. 57 min. 20 sec. East (call South 01 deg. | 
         
            |  | 56 min. 23 sec. East), along the West line of the J. F. McAdams tract | 
         
            |  | described in Volume 314, Page 579, Deed Records, a distance of | 
         
            |  | 1850.26 feet (call 1849.98 feet) to a concrete monument found at the | 
         
            |  | Southeast corner of said 590.04 acre tract and the Northeast corner | 
         
            |  | of Oak Shadows Subdivision, according to the Plat recorded in | 
         
            |  | Volume 8, Page 59, Liberty County Map Records; | 
         
            |  | Thence South 87 deg. 22 min. 40 sec. West (call south 87 deg. | 
         
            |  | 27 min. 25 sec. West), along the South line of said 590.04 acre | 
         
            |  | tract and the North line of Oak Shadows Subdivision, passing | 
         
            |  | several 1/2 inch iron rods found generally on line, a distance of | 
         
            |  | 3938.18 feet (call 3937.67 feet) to a concrete monument found at the | 
         
            |  | Southwest corner of said 590.04 acre tract and the Northwest corner | 
         
            |  | of Oak Shadows Subdivision, in the East line of the Charles Stetson, | 
         
            |  | Jr. tract described in Volume 961, Page 191, Deed Records; | 
         
            |  | Thence North 02 deg. 13 min. 16 sec. West, along the West line | 
         
            |  | of said 590.04 acre tract and the East line of the Stetson tract, | 
         
            |  | the East line of the Kenneth O'Brien, Jr. tract described in Volume | 
         
            |  | 1985, Page 875, Official Records, and the East line of Tarkington | 
         
            |  | Acres, passing several 1/2 inch iron rods found generally on line, a | 
         
            |  | distance of 3698.88 feet to the PLACE OF BEGINNING and containing | 
         
            |  | 480.66 acres of land and being the same land described in Liberty | 
         
            |  | County Clerk's File 2007004426. | 
         
            |  | TRACT 2 - 253.23 Acres | 
         
            |  | 253.23 acres of land situated in the F.J.C. Smiley League, | 
         
            |  | Abstract Number 345, Liberty County, Texas, being a portion of that | 
         
            |  | certain called 576.84 acres of land described in deed recorded | 
         
            |  | under Volume 314, Page 579 of the Deed Records of Liberty County, | 
         
            |  | Texas, being all of that certain called 10.0274 acres of land | 
         
            |  | described in deed recorded under Volume 670, Page 365 of the Deed | 
         
            |  | Records of Liberty County, Texas and all of that certain called 2.6 | 
         
            |  | acres of land described in deed recorded under Volume 561, Page 565 | 
         
            |  | of the Deed Records of Liberty County, Texas, said 253.23 acres of | 
         
            |  | land being more particularly described by metes and bounds as | 
         
            |  | follows: | 
         
            |  | COMMENCING at a concrete monument found for the Northwesterly | 
         
            |  | corner of that certain Oak Shadows Subdivision, a subdivision as | 
         
            |  | shown on map or plat recorded under Volume 8, Page 59 of the Map | 
         
            |  | Records of Liberty County, Texas and the southwesterly corner of | 
         
            |  | that certain called 480.66 acres of land described in deed recorded | 
         
            |  | in the Official Public Records of Real Property of Liberty County, | 
         
            |  | Texas, under County Clerk's File Number 2016007160; | 
         
            |  | Thence, N 89°47'00" E, along the Northerly line of said Oak | 
         
            |  | Shadows Subdivision and the southerly line of said 480.66 acre | 
         
            |  | tract, a distance of 3,938.29 feet to a concrete monument found in | 
         
            |  | the Westerly line of said 576.84 acre tract, for the northeasterly | 
         
            |  | corner of said Oak Shadows Subdivision, the southeasterly corner of | 
         
            |  | said 480.66 acre tract and the POINT OF BEGINNING of the herein | 
         
            |  | described tract of land; | 
         
            |  | Thence, N 00°26'34" E, along the easterly line of said 480.66 | 
         
            |  | acre tract, a distance of 1,850.33 feet to an axle found for the | 
         
            |  | southwesterly corner of that certain 3.1 acre tract described in | 
         
            |  | deed recorded under Volume 559, Page 113 of the Deed Records of | 
         
            |  | Liberty County, Texas; | 
         
            |  | Thence, S 89°52'31" E, along the southerly line of said 3.1 | 
         
            |  | acre tract, a distance of 2,073.84 feet to an axle found in the | 
         
            |  | southerly line of said 3.1 acre tract; | 
         
            |  | Thence, N 00°39'46" W, along the easterly line of said 3.1 | 
         
            |  | acres, an easterly line of that certain called 99.4 acres of land | 
         
            |  | described in deed recorded in the Official Public Records of Real | 
         
            |  | Property of Liberty County, Texas, under County Clerk's File Number | 
         
            |  | 20005013371 and along the Westerly line of said 2.6 acre tract, a | 
         
            |  | distance of 1,939.12 feet to a 5/8 inch iron rod with cap set for an | 
         
            |  | interior corner of said 99.4 acre tract and the northwesterly | 
         
            |  | corner of said 2.6 acre tract; | 
         
            |  | Thence, N 88°59'50" E, along a southerly line of said 99.4 | 
         
            |  | acre tract, a distance of 60.00 feet to an axle found for the | 
         
            |  | southwesterly corner of that certain called 23.6084 acres of land | 
         
            |  | described in deed recorded in the Official Public Records of Real | 
         
            |  | Property of Liberty County, Texas, under County Clerk's File Number | 
         
            |  | 2006009319 and the northwesterly corner of that certain called | 
         
            |  | 24.628 acres of land described in deed recorded in the Official | 
         
            |  | Public Records of Real Property of Liberty County, Texas, under | 
         
            |  | County Clerk's File Number 2016001692; | 
         
            |  | Thence, S 00°38'29" E, along the westerly line of said 24.628 | 
         
            |  | acre tract, a distance of 1,400.66 feet to an axle found for the | 
         
            |  | southwesterly corner of said 24.628 acre tract and the | 
         
            |  | northwesterly corner of that certain called 8.8163 acres of land | 
         
            |  | described in deed recorded under Volume 1906, Page 167 of the Deed | 
         
            |  | Records of Liberty County, Texas; | 
         
            |  | Thence, S 00°43'07" E, along the westerly line of said 8.8163 | 
         
            |  | acre tract, a distance of 236.36 feet to a 5/8 inch iron rod with cap | 
         
            |  | set for the southwesterly corner of said 8.8163 acre tract and the | 
         
            |  | northwesterly corner of said 10.0274 acre tract; | 
         
            |  | Thence, N 89°09'16" E, along the Southerly line of said 8.8163 | 
         
            |  | acre tract, a distance of 1,777.39 feet to a 3/4 inch iron rod found | 
         
            |  | in a westerly line of that certain called 1090.0 acres of land | 
         
            |  | described in deed recorded under volume 1957, Page 554 of the Deed | 
         
            |  | Records of Liberty County, Texas, for the southeasterly corner of | 
         
            |  | said 8.8163 acre tract. | 
         
            |  | Thence, along a westerly line of said 1090.0 acre tract, the | 
         
            |  | following courses and distances: | 
         
            |  | S 63°06'14" E, a distance of 27.94 feet to a point of curvature | 
         
            |  | to the right; | 
         
            |  | In a southeasterly direction, with said curve to the right, | 
         
            |  | having a central angle of 39°51'52", an arc length of 183.13 feet, a | 
         
            |  | radius of 263.21 feet, a chord bearing of S 43°10'18" E and a chord | 
         
            |  | distance of 179.46 feet to a point of tangency; | 
         
            |  | S 23°14'22" E, a distance of 92.72 feet to a 3/4 inch iron rod | 
         
            |  | in concrete found in the Northerly line of that certain called 12 | 
         
            |  | acres of land described in deed recorded in the Official Public | 
         
            |  | Records of Real Property of Liberty County, Texas, under County | 
         
            |  | Clerk's File Number 2016012578 for the Southeasterly corner of said | 
         
            |  | 10.0274 acre tract and a westerly corner of said 1090.0 acre tract; | 
         
            |  | Thence, N 89°35'31" W, along the northerly line of said 12 | 
         
            |  | acre tract, a distance of 269.19 feet to a 3/4 inch iron rod found | 
         
            |  | for the Northwesterly corner of said 12 acre tract; | 
         
            |  | Thence, S 01°19'18" E, along the westerly line of said 12 acre | 
         
            |  | tract and the Westerly line of that certain called 12 acres of land | 
         
            |  | described in deed recorded under Volume 1268, Page 315 of the Deed | 
         
            |  | Records of Liberty County, Texas, at 676.67 feet pass a 3/4 inch | 
         
            |  | iron rod found for the Southwesterly corner of said 12 acre tract | 
         
            |  | recorded under Liberty County Clerk's File Number 2016012578 and | 
         
            |  | the Northwesterly corner of said 12 acre tract recorded under | 
         
            |  | Volume 1268, Page 315 of the Deed Records of Liberty County, in all | 
         
            |  | a total distance of 1,375.17 feet to a 5/8 inch iron rod with cap set | 
         
            |  | for the Southwesterly corner of said 12 acre tract recorded under | 
         
            |  | Volume 1268, Page 315 of the Deed Records of Liberty County; | 
         
            |  | Thence, S 89°45'33" E, along the Southerly line of said 12 | 
         
            |  | acre tract recorded under Volume 1268, Page 315 of the Deed Records | 
         
            |  | of Liberty County, a distance of 772.79 feet to a 5/8 inch iron rod | 
         
            |  | with cap set in the Westerly line of that certain called 14.1112 | 
         
            |  | acres of land described in deed recorded in the Official Public | 
         
            |  | Records of Real Property of Liberty County, Texas, under County | 
         
            |  | Clerk's File Number 2015002555, for the Southeasterly corner of | 
         
            |  | said 12 acre tract recorded under Volume 1268, Page 315 of the Deed | 
         
            |  | Records of Liberty County; | 
         
            |  | Thence, S 02°39'07" E, along the Westerly line of said 14.1112 | 
         
            |  | acre tract, a distance of 436.62 feet to a railroad tie found for | 
         
            |  | the Northwesterly corner of that certain called 65 acres of land | 
         
            |  | described in deed recorded under Volume 1268, Page 315 of the Deed | 
         
            |  | Records of Liberty County, Texas and the Southwesterly corner of | 
         
            |  | said 14.1112 acre tract; | 
         
            |  | Thence, S 01°29'49" E, along the Westerly line of said 65 acre | 
         
            |  | tract and partially along the Westerly line of that certain called 5 | 
         
            |  | acres of land described in deed recorded under Volume 1268, Page 315 | 
         
            |  | of the Deed Records of Liberty County, Texas, a distance of 1,273.11 | 
         
            |  | feet to a 1-1/2 inch iron pipe found in Southerly line of that | 
         
            |  | certain 200' Gulf States Utilities Company Right-of-way Easement | 
         
            |  | recorded under Volume 648, Page 606 of the Deed Records of Liberty | 
         
            |  | County, Texas and the Westerly line of said 5 acre tract; | 
         
            |  | Thence, N 76°56'31" W, along the Southerly line of said 200' | 
         
            |  | Gulf States Utilities Company Right-of-way Easement, a distance of | 
         
            |  | 4,818.85 feet to a 1/2 inch iron pipe found in the Easterly line of | 
         
            |  | said Oak Shadows Subdivision; | 
         
            |  | Thence, N 00°25'01" W, along the Easterly line of said Oak | 
         
            |  | Shadows Subdivision, a distance of 49.82 feet to the POINT OF | 
         
            |  | BEGINNING and containing 253.23 acres of land. | 
         
            |  | Tract 3 - 24.97 Acres | 
         
            |  | A tract or parcel of land containing 24.97 acres situated in | 
         
            |  | the F.J.C. Smiley Survey, Abstract No. 345 and being part of the | 
         
            |  | first 55.023 acre tract in deed dated December 23, 1965 and recorded | 
         
            |  | in Volume 595, Page 149, of the Deed Records of Liberty County, TX, | 
         
            |  | and also being all of the 8.8163 acres of land out of a 18.8437 acre | 
         
            |  | tract of land out of the 26.1932 acres conveyed to C.J. Martin by | 
         
            |  | deed recorded in Volume 608, Page 323, Deed Records of Liberty | 
         
            |  | County, TX, being more particularly described as follows: | 
         
            |  | From the point of beginning being a found concrete monument | 
         
            |  | for the Southwest corner of said 55.023 acre tract; | 
         
            |  | Thence, North 03° 01' 09" West, a distance of 1250.99 feet to a | 
         
            |  | set five-eight inch iron rod in the Southerly margin of County Road | 
         
            |  | 2189; | 
         
            |  | Thence, across County Road 2189, North 03° 01' 09" West, a | 
         
            |  | distance of 34.75 feet to a found five-eight inch iron rod in the | 
         
            |  | northerly margin of County Road 2189; | 
         
            |  | Thence, along said northerly margin, South 62° 42' 10" East, a | 
         
            |  | distance of 34.75 feet to a found five-eight-inch iron rod; | 
         
            |  | Thence, leaving said northerly margin, South 03° 01' 09" East, | 
         
            |  | a distance of 17.16 feet to a set PK nail in the center of said road; | 
         
            |  | Thence, along and with the center of said road, South 63° 59' | 
         
            |  | 38" East, a distance of 99.61 feet to a point; | 
         
            |  | Thence, South 55° 06' 29" East, a distance of 288.37 feet to a | 
         
            |  | point; | 
         
            |  | Thence, along a curve to the right with a chord bearing of | 
         
            |  | South 42° 10' 03" East, a distance of 239.61 feet to a point, said | 
         
            |  | curve having a radius of 535.00 feet and arc length of 241.66 feet; | 
         
            |  | Thence, South 29° 13' 38" East, a distance of 378.87 feet to a | 
         
            |  | point; | 
         
            |  | Thence, South 22° 16' 06" East, a distance of 355.00 feet to a | 
         
            |  | point; | 
         
            |  | Thence, along a curve to the right with a chord bearing of | 
         
            |  | South 20° 40' 44" East, a distance of 31.09 feet to a set PK nail, | 
         
            |  | said curve having a radius of 756.43 feet and arc length of 31.09 | 
         
            |  | feet; | 
         
            |  | Thence, leaving center of said road, North 86° 58' 51" East, a | 
         
            |  | distance of 14.16 feet to a found five-eight inch iron rod in the | 
         
            |  | easterly margin of said road; | 
         
            |  | Thence, along and with said margin, South 17° 53' 19" East, a | 
         
            |  | distance of 67.87 feet to a found five-eight inch iron rod; | 
         
            |  | Thence, South 11° 36' 11" East, a distance of 70.19 feet to a | 
         
            |  | found five-eight inch iron rod; | 
         
            |  | Thence, leaving said margin, South 86° 58' 51" West, a | 
         
            |  | distance of 30.34' to a set five-eight inch iron rod in the westerly | 
         
            |  | margin of said road; | 
         
            |  | Thence, along and with said margin, South 15° 42' 11" East, a | 
         
            |  | distance of 29.61 feet to a set five-eight inch iron rod; | 
         
            |  | Thence, along a curve to the left with a chord bearing of | 
         
            |  | South 37° 08' 29" East, a distance of 187.86 feet to a point, said | 
         
            |  | curve having a radius of 197.67 feet and arc length of 195.76 feet; | 
         
            |  | Thence, South 65° 30' 45" East, a distance of 110.94 feet to a | 
         
            |  | found three-quarter inch iron rod for the southeast corner of the | 
         
            |  | tract herein described; | 
         
            |  | Thence, leaving said margin, South 86° 44' 45" West, a | 
         
            |  | distance of 1774.10 feet to a set five-eight inch iron rod for the | 
         
            |  | southwest corner of the tract herein described; | 
         
            |  | Thence, North 03° 09' 41" West, a distance of 242.39 feet to a | 
         
            |  | found car axle; | 
         
            |  | Thence, North 86° 56' 29" East, a distance of 763.02 feet to | 
         
            |  | the point of beginning. said tract or parcel containing 24.97 acres | 
         
            |  | of land. | 
         
            |  | SAVE AND EXCEPT 5.57 Acres: | 
         
            |  | A tract or parcel of land, more particularly described as | 
         
            |  | Tract-A1 containing 5.57 acres situated in the F.J.C. Smiley | 
         
            |  | Survey, Abstract No. 345 and being part of the first 55.023 acre | 
         
            |  | tract in deed dated December 23, 1965 and recorded in Volume 595, | 
         
            |  | Page 149, of the Deed Records of Liberty County, TX, being more | 
         
            |  | particularly described as follows: | 
         
            |  | From the point of commencement, being a concrete monument | 
         
            |  | found at the Southwest corner of a 55.023 acre tract and described | 
         
            |  | in a deed as first tract dated December 23, 1965, and recorded in | 
         
            |  | Volume 595, Page 149, of the Deed Records of Liberty County, Texas, | 
         
            |  | the point of beginning bears North 03° 01' 09" west, a distance of | 
         
            |  | 422.56 feet; said point of beginning is marked by a set five-eight | 
         
            |  | inch iron rod; | 
         
            |  | Thence, North 03° 01' 09" West, a distance of 845.80 feet to | 
         
            |  | the center of County Road 2189, from which a found five-eight inch | 
         
            |  | iron rod bears South 03° 01' 09" East a distance of 17.37 feet at the | 
         
            |  | southern margin of said road; | 
         
            |  | Thence, along and with center of said road, south 63° 44' 24" | 
         
            |  | east, a distance of 134.25 feet to a point; | 
         
            |  | Thence, South 55° 06' 29" East, a distance of 288.37 feet to a | 
         
            |  | point; | 
         
            |  | Thence, on a curve to the right, said curve having a chord | 
         
            |  | bearing of South 46° 37' 16" East a chord length of 157.91 feet, an | 
         
            |  | arc length of 158.49 feet and radius of 535.00 feet, to a set | 
         
            |  | five-eight inch iron rod; | 
         
            |  | Thence, leaving the center of said road, South 31° 01' 52" | 
         
            |  | West, a distance of 374.23 feet to a set five-eight inch iron rod; | 
         
            |  | Thence, South 03° 01' 09" East, a distance of 178.53 feet to a | 
         
            |  | set five-eight inch iron rod; | 
         
            |  | Thence, South 86° 58' 51" West, a distance of 243.99 feet to | 
         
            |  | the point of beginning. | 
         
            |  | Said tract or parcel containing 5.57 acres of land. | 
         
            |  | TRACT 4 - 10.00 Acres | 
         
            |  | Fieldnotes for a survey of a 10.000 acre tract of land out of | 
         
            |  | the F. J. Smiley Survey, Abstract No. 345, Liberty County, Texas, | 
         
            |  | and being out of the northerly portion of an original called 26.341 | 
         
            |  | acre tract out of the Doris Nelson 100 acre tract described in deed | 
         
            |  | recorded in Volume 515, Page 314 of the Deed Records of Liberty | 
         
            |  | County, Texas,, and the Doris Nelson 99.4 acre tract described in | 
         
            |  | Volume 529, Page 482 of said Deed Records, said 10.000 acre tract | 
         
            |  | being more particularly described by metes and bounds as follows: | 
         
            |  | BEGINNING at an axle found in the southeast right-of-way line | 
         
            |  | of County Road 2184, at the northeast corner of that certain called | 
         
            |  | 480.66 acre tract described in deed recorded under Liberty County | 
         
            |  | Clerk's File No. 2016007160 , and also marking the northwest corner | 
         
            |  | and POINT OF BEGINNING of the herein described tract; | 
         
            |  | Thence N 60 deg. 59 min. 45 sec. E, 221.57 feet along said | 
         
            |  | southeast right-of-way line of County Road 2184 to its intersection | 
         
            |  | with the westerly right-of-way line of County Road 2189, for the | 
         
            |  | northeast corner of the herein described tract, from which a 3/8 | 
         
            |  | inch iron rod bears N 21 deg. 12 min. 28 sec. W, 3.66 feet; | 
         
            |  | Thence along said westerly line right-of-way line of County | 
         
            |  | Road 2189 the following: | 
         
            |  | S 13 deg. 16 min. 09 sec. E, 676.67 feet; | 
         
            |  | S 12 deg. 47 min. 30 sec. E, 70.12 feet; | 
         
            |  | S 07 deg. 12 min. 30 sec. E, 105.45 feet; | 
         
            |  | S 02 deg. 49 min. 30 sec. W, 203.00 feet; and | 
         
            |  | S 01 deg. 07 min. 58 sec. W, 387.62 feet, to a point being the | 
         
            |  | northeast corner of that certain called 6.00 acre tract described | 
         
            |  | in deed recorded under said County Clerk's File No. 2006014900, and | 
         
            |  | also being the southeast corner of the herein described tract; | 
         
            |  | Thence S 89 deg. 05 min. 50 sec. W along the north line of said | 
         
            |  | called 6.00 acre tract, at 20.00 feet passing a found 3/8 inch iron | 
         
            |  | rod, and continuing for a total distance of 339.43 feet to a 5/8 | 
         
            |  | inch iron rod set in the east line of said called 480.66 acre tract, | 
         
            |  | marking the northwest corner of said called 6.00 acre tract, and | 
         
            |  | southwest corner of the herein described tract; | 
         
            |  | Thence N 00 deg. 54 min. 10 sec. W, 1320.01 feet along the | 
         
            |  | east line of said called 480.66 acre tract to the POINT OF BEGINNING | 
         
            |  | of the herein described 10.000 acre (435,559 square feet) tract of | 
         
            |  | land, and being that same property described in deed recorded under | 
         
            |  | said County Clerk's File No. 2013019193. | 
         
            |  | 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 | 
         
            |  | 7977A, Special District Local Laws Code, as added by Section 1 of | 
         
            |  | this Act, is amended by adding Section 7977A.0307 to read as | 
         
            |  | follows: | 
         
            |  | Sec. 7977A.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, 2023. | 
         
            |  |  | 
         
            |  |  | 
         
            |  | 
         
            |  | 
         
            |  | 
         
            |  | ______________________________ | ______________________________ | 
         
            |  | President of the Senate | Speaker of the House | 
         
            |  | 
         
            |  | I hereby certify that S.B. No. 2580 passed the Senate on | 
         
            |  | May 1, 2023, by the following vote:  Yeas 27, Nays 3, one present | 
         
            |  | not voting. | 
         
            |  |  | 
         
            |  | 
         
            |  | ______________________________ | 
         
            |  | Secretary of the Senate | 
         
            |  | 
         
            |  | I hereby certify that S.B. No. 2580 passed the House on | 
         
            |  | May 9, 2023, by the following vote:  Yeas 107, Nays 35, | 
         
            |  | two present not voting. | 
         
            |  |  | 
         
            |  | 
         
            |  | ______________________________ | 
         
            |  | Chief Clerk of the House | 
         
            |  | 
         
            |  |  | 
         
            |  | 
         
            |  | Approved: | 
         
            |  |  | 
         
            |  | ______________________________ | 
         
            |  | Date | 
         
            |  |  | 
         
            |  |  | 
         
            |  | ______________________________ | 
         
            |  | Governor |