By: Raymond H.B. No. 5405 A BILL TO BE ENTITLED AN ACT relating to the conversion of the Legacy Water Control and Improvement District to the Legacy Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle C, Title 4, Special District Local laws Code, is amended by adding Chapter 4000 to read as follows: CHAPTER 4000. __________ SUBCHAPTER A. GENERAL PROVISIONS Sec. 4000.0101. DEFINITIONS. In this chapter: (1) "Board" means the district's board of directors. (2) "County" means Webb County. (3) "Director" means a board member. (4) "District" means the Legacy Municipal Management District, formerly the Legacy Water Control and Improvement District. Sec. 4000.0102. NATURE OF DISTRICT; CONVERSION. The Legacy Municipal Management District is a special district created originally under Section 59, Article XVI, Texas Constitution, as the Legacy Water Control and Improvement District. The district is converted to a municipal management district known as the Legacy Municipal Management District under the same constitutional authority. Sec. 4000.0103. PURPOSE; DECLARATION OF INTENT. (a) The conversion and operation of the district are essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter. (b) By converting the district to a municipal management district and in authorizing the county and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution. (c) The conversion and operation of the district are necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district. (d) This chapter and the conversion or operation of the district may not be interpreted to relieve the county from providing the level of services provided as of the effective date of the Act enacting this chapter to the area in the district. The district is created to supplement and not to supplant county services provided in the district. Sec. 4000.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The district is converted to a municipal management district to serve a public use and benefit. (b) All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter. (c) The conversion and operation of the district is to serve a public use and benefit. (d) The conversion and operation of the district is in the public interest and is essential to further the public purposes of: (1) developing and diversifying the economy of the state; (2) eliminating unemployment and underemployment; and (3) developing or expanding transportation and commerce. (e) The district will: (1) promote the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public; (2) provide needed funding for the district to preserve, maintain, and enhance the economic health and vitality of the district territory as a community and business center; (3) promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic beauty; and (4) provide for water, wastewater, drainage, road, and recreational facilities for the district. (f) Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, parking, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement. (g) The district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public. Sec. 4000.0105. 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 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 bonds for the purposes for which the district is created or to pay the principal of and interest on the bonds; (3) right to impose or collect an assessment or tax; or (4) legality or operation. Sec. 4000.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All or any part of the area of the district is eligible to be included in: (1) a tax increment reinvestment zone created under Chapter 311, Tax Code; (2) a tax abatement reinvestment zone created under Chapter 312, Tax Code. Sec. 4000.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district. Sec. 4000.0108. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter. SUBCHAPTER B. BOARD OF DIRECTORS Sec. 4000.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five directors. (b) Directors serve staggered four-year terms. Sec. 4000.0202. QUORUM. For purposes of determining the requirements for a quorum of the board, the following are not counted: (1) a board position vacant for any reason, including death, resignation, or disqualification; or (2) a director who is abstaining from participation in a vote because of a conflict of interest. Sec. 4000.0203. COMPENSATION. A director is entitled to receive fees of office and reimbursement for actual expenses as provided by Section 49.060, Water Code. Sections 375.069 and 375.070, Local Government Code, do not apply to the board. Sec. 4000.0204. INITIAL DIRECTORS ON CONVERSION TO MANAGEMENT DISTRICT. (a) On the conversion of the district to a management district the initial board consists of the following directors: Pos. No. Name of Director 1. Richard Jones 2. Michael Olson 3. Melissa Johnson 4. Kathleen Walker 5. William Baize (b) Of the initial directors, the terms of directors appointed for positions one, two, and three expire May 14, 2024, and the terms of directors appointed for positions four and five expire May 12, 2026. (c) This section expires September 1, 2026. Sec. 4000.0205. RECOMMENDATIONS FOR SUCCEEDING BOARD. (a) the initial and each succeeding board of directors shall, and the owners of a majority of the assessed value of property subject to assessment by the district may, recommend to the governing body of the county persons to serve on the succeeding board. (b) After reviewing the recommendations, the governing body shall approve or disapprove the directors recommended under Subsection (a). (c) If the governing body is not satisfied with the recommendations submitted under Subsection (a), the board, on the request of the governing body, shall submit to the governing body additional recommendations. (d) Board members may serve successive terms. Sec. 4000.0206. ADDITIONAL DIRECTOR REQUIREMENTS. (a) The provisions of Sections 375.063, 375.066 through 375.072 apply to the board. (b) Section 49.052, Water Code, does not apply to the district SUBCHAPTER C. POWERS AND DUTIES Sec. 4000.0301. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created. Sec. 4000.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The district, using any money available to the district for the purpose, may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service authorized under this chapter or Chapter 375, Local Government Code. (b) The district may contract with a governmental or private entity to carry out an action under Subsection (a). (c) The implementation of a district project or service is a governmental function or service for the purposes of Chapter 791, Government Code. Sec. 4000.0303. LAW ENFORCEMENT SERVICES. To protect the public interest, the district may contract with a qualified party, including the county, to provide law enforcement services in the district for a fee. Sec. 4000.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The district may join and pay dues to a charitable or nonprofit organization that performs a service or provides an activity consistent with the furtherance of a district purpose. Sec. 4000.0305. ECONOMIC DEVELOPMENT. (a) The district may engage in activities that accomplish the economic development purposes of the district. (b) The district may establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to: (1) make loans and grants of public money; and (2) provide district personnel and services. (c) The district may create economic development programs and exercise the economic development powers provided to municipalities by: (1) Chapter 380, Local Government Code; and (2) Subchapter A, Chapter 1509, Government Code. Sec. 4000.0306. PARKING FACILITIES. (a) The district may acquire, lease as lessor or lessee, construct, develop, own, operate, and maintain parking facilities or a system of parking facilities, including lots, garages, parking terminals, or other structures or accommodations for parking motor vehicles off the streets and related appurtenances. (b) The district's parking facilities serve the public purposes of the district and are owned, used, and held for a public purpose even if leased or operated by a private entity for a term of years. (c) The district's parking facilities are parts of and necessary components of a street and are considered to be a street or road improvement. (d) The development and operation of the district's parking facilities may be considered an economic development program. Sec. 4000.0307. ADDING OR EXCLUDING LAND. The district may add or exclude land in the manner provided by Subchapter J, Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water Code. Sec. 4000.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of district money. Sec. 4000.0309. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain. SUBCHAPTER D. ASSESSMENTS Sec. 4000.0401. PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a service or improvement project with assessments under this chapter unless a written petition requesting that service or improvement has been filed with the board. (b) A petition filed under Subsection (a) must be signed by the owners of a majority of the assessed value of real property in the district subject to assessment according to the most recent certified tax appraisal roll for the county. Sec. 4000.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The board by resolution may impose and collect an assessment for any purpose authorized by this chapter in all or any part of the district. (b) An assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district: (1) are a first and prior lien against the property assessed; (2) are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and (3) are the personal liability of and a charge against the owners of the property even if the owners are not named in the assessment proceedings. (c) The lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property. (d) The board may make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments. SUBCHAPER E. TAXES AND BONDS Sec. 4000.0501. TAX ELECTION REQUIRED. (a) The district must hold an election in the manner provided by Chapter 49, Water Code, or, if applicable, Chapter 375, Local Government Code, to obtain voter approval before the district may impose an ad valorem tax. (b) Section 375.243, Local Government Code, does not apply to the district. Sec. 4000.0502. OPERATION AND MAINTENANCE TAX. (a) If authorized by a majority of the district voters voting at an election held in accordance with Section ____.0501, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code, for any district purpose, including to: (1) maintain and operate the district; (2) construct or acquire improvements; or (3) provide a service. (b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election. (c) The district is authorized to impose an operation and maintenance tax previously approved by the voters of the Legacy Water Control and Improvement District. Sec. 3995.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on terms determined by the board. Section 375.205, Local Government Code, does not apply to a loan, line of credit, or other borrowing from a bank or financial institution secured by revenue other than ad valorem taxes. (b) The district may issue bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, assessments, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources of money, to pay for any authorized district purpose. (c) The limitation on the outstanding principal amount of bonds, notes, and other obligations provided by Section 49.4645, Water Code, does not apply to the district. Sec. 4000.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on terms determined by the board. (b) The district may issue bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, assessments, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources of money, to pay for any authorized district purpose. (c) The limitation on the outstanding principal amount of bonds, notes, and other obligations provided by Section 49.4645, Water Code, does not apply to the district. Sec. 4000.0504. BONDS SECURED BY REVENUE OR CONTRACT PAYMENTS. (a) The district may issue, without an election, bonds, notes, and other obligations secured by: (1) revenue other than ad valorem taxes, including contract revenues; or (2) contract payments, provided that the requirements of Section 49.108, Water Code, have been met. Sec. 4000.0505. BONDS SECURED BY AD VALOREM TAXES; ELECTIONS. (a) If authorized at an election under Section ____.0501, the district may issue bonds payable from ad valorem taxes. (b) 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 annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code. (c) All or any part of any facilities or improvements that may be acquired by a district by the issuance of its bonds may be submitted as a single proposition or as several propositions to be voted on at the election. Sec. 4000.0506. CONSENT OF COUNTY REQUIRED. (a) The board may not issue bonds until the county has consented by ordinance or resolution to the conversion of the Legacy Water Control and Improvement District to the district. (b) This section applies only to the district's first issuance of bonds payable from ad valorem taxes. SUBCHAPTER I. DISSOLUTION Sec. 4000.0901. DISSOLUTION. (a) The board shall dissolve the district on written petition filed with the board by the owners of: (1) at least two-thirds of the assessed value of the property subject to assessment by the district based on the most recent certified county property tax rolls; or (2) at least two-thirds of the surface area of the district, excluding roads, streets, highways, utility rights-of-way, other public areas, and other property exempt from assessment by the district according to the most recent certified county property tax rolls. (b) The board by majority vote may dissolve the district at any time. (c). The district may not be dissolved by its board under Subsection (a) or (b) if the district: (1) has any outstanding bonded indebtedness until that bonded indebtedness has been repaid or defeased in accordance with the order or resolution authorizing the issuance of the bonds; (2) has a contractual obligation to pay money until that obligation has been fully paid in accordance with the contract; or (3) owns, operates, or maintains public works, facilities, or improvements unless the district contracts with another person for the ownership, operation, or maintenance of the public works, facilities, or improvements. (d) Sections 375.261, 375.262, and 375.264, Local Government Code, do not apply to the district. (e) The district is a "water or sewer district" under Section 43.071, Local Government Code. SECTION 2. The Webb County Groundwater Conservation District initially includes all the territory contained in the following area: Pilas Tract: Being a tract or parcel containing 3,971.307 acres (172,990,131 square feet) of land situated in Webb County, Texas and being all of a called 1,613.545 acre tract described in deed to Huisache Cattle Company, Ltd. recorded in Volume 645, Page, 72 of the Webb County Deed Records (having 9.217 acres (401,478 square feet) within the right-of-way of U.S. Highway 83 per right-of-way map of State Highway No.(4) U.S. 83, File Number SP718F - Control 37-10-1 and being combined with all of a called 2,357.64 acres described in deed to Huisache Cattle Company, Ltd. recorded in Volume 87, Page 876 of the Webb County Deed Records, said 3,971.307 acres tract being more particularly described by metes and bounds as follows: (Bearings cited herein are based on the Texas State Plane Coordinate System, South Zone, NAD 83, are surface and may be converted to grid applying a combined scale factor of 1.00003144444054) BEGINNING at a point in the centerline of U.S. Highway 83, north line of Section 1712 and the south line of Section 1932 for the northwest corner of the herein described tract; THENCE, North 89°57'16" East, along the north line of Section 1712 and the south line of Section 1932, at a distance of 50.21 feet passing a fence on the east right-of-way line of said U.S. Highway 83, continuing for a total distance of 1,520.63 feet to a point for corner; THENCE, North 89°53'33" East, a distance of 10,741.46 feet to a point in the west line of Section Number 161 for the southeast corner of Section Number 1864, the northwest corner of said called 2,357.64 acre tract, the northeast corner of Section Number 1711 and said called 1,613.545 acre tract and an angle corner of the herein described tract; THENCE, North 65°39'04" East, a distance of 30.49 feet to a point for corner; THENCE, North 89°33'48" East, a distance of 4,238.72 feet to a found 1/2-inch iron rod marking an angle corner of the herein described tract; THENCE, South 01°13'56" West, a distance of 218.76 feet to a point for corner; THENCE, South 16°54'50" East, a distance of 1,161.67 feet to a found 1/2-inch iron rod marking an angle corner of the herein described tract; THENCE, South 88°10'20" East, a distance of 5,602.88 feet to a fence corner in the west line of the Missouri Railroad right-of-way line marking the northeast corner of said called 2,357.64 acre tract and of the herein described tract; THENCE, South 04°24'06" West, a distance of 1,545.87 feet to a point for corner; THENCE, South 06°21'24" West, a distance of 401.86 feet to a point for corner; THENCE, South 10°41'28" West, a distance of 415.71 feet to a point for corner; THENCE, South 13°24'58" West, a distance of 258.75 feet to a point for corner; THENCE, South 15°19'45" West, a distance of 8,091.98 feet to a found magnail in fence line marking the southeast corner of said called 2,357.64 acre tract and of the herein described tract; THENCE, South 89°57'45" West, a distance of 2,483.67 feet to a 1/2-inch iron rod in the east line of Section Number 1321 marking the northwest corner of Section Number 302, the southwest corner of Section Number 301 and an angle corner of the herein described tract; THENCE, South 00°31'20" East, along the east line of Section Number 1321 and the west line of Section Number 302, a distance of 1,202.46 feet to a fence corner marking the northeast corner of Section Number 1322, the southeast corner of Section Number 1321 and an angle corner of the herein described tract; THENCE, South 89°32'30" West, along the north line of Section Number 1322, the south line of Section Number 1321, a distance of 4,733.14 feet to a fence corner marking the most southeasterly northeast corner of Section Number 2311, the southwest corner of Section Number 1321 and an angle corner of the herein described tract; THENCE, North 00°15'07" West, along the east line of Section Number 2311 and the west line of Section Number 1321, a distance of 762.70 feet to a found 2-inch iron pipe marking the northeast corner of Section Number 2311, the southeast corner of Section Number 739 and an angle corner of the herein described tract; THENCE, North 09°40'01" East, along the east line of Section Number 739 and the west line of Section Number 132,1 a distance of 5,475.68 feet to a fence corner in the south line of Section Number 162 marking the northeast corner of Section Number 739, the northwest corner of Section Number 1321 and an angle corner of the herein described tract; THENCE, South 89°47'03" West, along the south line of Section Number 162 and the north line of Section Number 739, a distance of 1,428.41 feet to a fence corner marking the southwest corner of Section Number 162 and an angle corner of the herein described tract; THENCE, North 00°10'20" West, a distance of 71.90 feet to a fence corner marking the southeast corner of Section Number 1711 and an angle corner of the herein described tract; THENCE, North 80°11'08" West, along the south line of Section Numbers 1711 and 1712, along the north line of Section Numbers 739, 1711 and 430, a distance of 11,354.62 feet to a found 5/8-inch iron rod with plastic cap stamped "Howland Survey" marking the northwest corner of Section Number 430, the northeast corner of Section Number 429 and an angle corner of the herein described tract; THENCE, North 80°01'11" West, along the north line of Section Number 429 and the south line of Section Number 1712, a distance of 693.31 feet to a point in the centerline of U.S. Highway 83 for the southwest corner of the herein described tract; THENCE, North 05°09'04" West, along the centerline of U.S. Highway 83, a distance of 4,835.30 feet to the POINT OF BEGINNING and containing 3,971.307 acres (172,990,131 square feet) of land. Colorados Tract: Being a tract or parcel containing 2809.853 acres (122,397,204 square feet) of land situated in Webb County, Texas and being the remainder of a called 6,354.8676 acre tract described in deed to Huisache Cattle Company, Ltd. Recorded in Volume 1109, Page, 632 of the Webb County Deed Records (having 7.474 acres (325,559 square feet) within the right-of-way of U.S. Highway 83 per right-of-way map of State Highway No.(4) U.S. 83, File Number SP718F - Control 37-10-1), said 2809.853 acres tract being more particularly described by metes and bounds as follows: (Bearings cited herein are based on the Texas State Plane Coordinate System, South Zone, NAD 83, are surface and may be converted to grid applying a combined scale factor of 1.00003144444054) BEGINNING at a fence corner in the west line of Section Number 429, the northeast corner of Section Number 431, the southeast corner of Section Number 432, the southwest corner of a 60 foot wide access lane connecting with U.S. Highway 83, an angle corner and POINT OF BEGINNING of the herein described tract; THENCE, North 09°59'17" East, along the east line of Section Number 432 and the west line of Section Number 429, a distance of 30.00 feet to a point for corner; THENCE, South 79°48'51" East, along the center of said 60 foot wide access lane, a distance of 5,442.91 feet to a point in the west right-of-way line of U.S. Highway 83 for the northeast corner of the herein described tract; THENCE with the west right-of-way line of U.S. Highway 83 the following seven (7) courses and distances: South 05°07'37" East, a distance of 130.69 feet to a point for corner; South 84°52'23" West, a distance of 100.00 feet to a point for corner; South 05°07'37' East, a distance of 700.00 feet to a point for corner; North 84°52'23" East, a distance of 100.00 feet to a point of corner; South 05°07'37" East, a distance of 300.00 feet to a point for corner; South 84°52'23" West, a distance of 10.00 feet to a point for corner; South 05°07'37" East, a distance of 857.39 feet to a point in the south line of Section 430 and the north line of Section Number 427 for corner; THENCE, South 80°03'43" East, along the south line of Section 430 and the north line of Section Number 427, a distance of 113.92 feet to a point in the east right-of-way line of U.S. Highway 83 for corner; THENCE with the east right-of-way line of U.S. Highway 83 the following five (5) courses and distances: South 05°07'37" East, a distance of 1,213.00 feet to a point for corner; North 84°52'23" East, a distance of 100.00 feet to a point for corner; South 05°07'37" East, a distance of 600.00 feet to a point for corner; South 84°52'23" West, a distance of 100.00 feet to a point for corner; South 05°07'37" East, a distance of 509.15 feet to a point of intersection with the east line of Section Number 427 and the west line of Section Number 428 for corner; THENCE, South 09°56'17" West, crossing U.S. Highway 83 with the east line of Section Number 427 and the west line of Section Number 428, a distance of 384.74 feet to a point in the west right-of-way line of U.S. Highway 83 for corner; THENCE with the west right-of-way line of U.S. Highway 83 the following five (5) courses and distances: South 05°07'37" East, a distance of 3,709.34 feet to a point for corner; South 84°52'23" West, a distance of 200.00 feet to a point for corner; South 05°07'37" East, a distance of 20.00 feet to a point for corner; North 84°52'23" East, a distance of 200.00 feet to a point for corner; South 05°14'13" East, a distance of 1,851.67 feet to a point in the north right-of-way line of State Highway 255 (Camino Colombia Toll Road) for the southeast corner of the herein described tract; THENCE with the north right-of-way line of State Highway 255 (Camino Colombia Toll Road) the following three (3) courses and distances: South 66°09'45" West, a distance of 1,170.41 feet to a point for corner; South 69°13'50" West, a distance of 5,500.00 feet to a point for corner; South 73°38'56" West, a distance of 1009.82 feet to a point in the west right-of-way line of Jefferies Road (40 foot wide) for the southwest corner of the herein described tract; THENCE, North 21°46'40" West, along the west right-of-way line of Jefferies Road, a distance of 2,101.65 feet to a point for corner; THENCE, North 21°46'40" West, continuing along the west right-of-way line of Jefferies Road, a distance of 5,282.14 feet to a point for corner; THENCE, North 21°44'42" West, a distance of 39.79 feet to a point for corner; THENCE, North 68°10'39" East, a distance of 41.03 feet to a point for corner; THENCE, North 21°15'49" West, a distance of 5,690.77 feet to a fence corner in the west line of Section 431 and for the southeast corner of Section Number 433, the northeast corner of Section Number 437, the most southerly corner of Section Number 2148, and an angle corner of the herein described tract; THENCE, North 10°08'29" East, along the east line of Section Number 2148 and the west line of Section Number 431, a distance of 2,654.82 feet to a point for corner; THENCE, South 79°44'21" East, along the south line of Section Number 432 and the north line of Section Number 431, a distance of 2,670.37 feet to a point for corner; THENCE, South 79°55'39" East, continuing along the south line of Section Number 432 and the north line of Section Number 431, a distance of 2,621.70 feet to the POINT OF BEGINNING and containing 2809.853 acres (122,397,204 square feet) of land. Mary Kay Tract: Being a tract or parcel containing 2,828.368 acres (123,203,717 square feet) of land situated in Webb County, Texas and being all of a called 2,827.868 acre tract described in deed to Simeon Escondido, LLC recorded in Volume 5058, Page, 145 of the Official Public Records of Webb County (having 8.764 acres (381,751 square feet) within the right-of-way of U.S. Highway 83 per right-of-way map of State Highway No.(4) U.S. 83, File Number SP718F - Control 37-10-1), said 2,828.37 acres tract being more particularly described by metes and bounds as follows: (Bearings cited herein are based on the Texas State Plane Coordinate System, South Zone, NAD 83, are surface and may be converted to grid applying a combined scale factor of 1.00003144444054) BEGINNING at a fence corner marking the northwest corner of a called 2,079.865 acre tract described in deed to Huisache Cattle Company, Ltd. recorded in Volume 166, Page 832 of the Webb County Deed Records and the northwest corner of Section Number 365; THENCE, North 89°46'52" East, a distance of 4,226.45 feet to a fence corner marking the northeast corner of Section Number 365; THENCE, North 00°15'28" West, a distance of 1,766.62 feet to a found 1/2-inch iron rod marking the northwest corner of Section Number 364; THENCE, North 89°49'03" East, a distance of 6,325.20 feet to a found 1/2-inch iron rod in the west right-of-way line of Missouri Pacific Railway and marking the northwest corner of Section Number 364 and the northeast corner of said called 2,079.865 acre tract; THENCE along said west right-of-way line of Missouri Pacific Railway the following three (3) courses and distances: South 15°15'10" West, a distance of 975.41 feet to a fence corner; South 15°22'36" West, a distance of 5,850.97 feet to a fence corner; South 15°14'37" West, a distance of 4,422.42 feet to a found 1/2-inch iron rod marking the intersection of said west right-of-way line of Missouri Pacific Railway and the north right-of-way line of Webb Road (variable width) marking the southeast corner of said called 2,079.865 acre tract; THENCE along said north right-of-way line of Webb Road the following sixteen (16) courses and distances: South 89°09'29" West, a distance of 1,193.75 feet to a point for corner; North 58°07'19" West, a distance of 103.62 feet to a point for corner; South 89°39'12" West, a distance of 2,146.38 feet to a point for corner; North 50°14'54" West, a distance of 17.15 feet to a point for corner; North 66°50'21" West, a distance of 190.16 feet to a point for corner; North 61°02'47" West, a distance of 784.40 feet to a point for corner; North 59°54'12" West, a distance of 852.49 feet to a point for corner; North 55°19'56" West, a distance of 298.30 feet to a point for corner; North 85°28'43" West, a distance of 130.46 feet to a point for corner; South 82°11'14" West, a distance of 370.50 feet to a point for corner; North 86°09'22" West, a distance of 93.50 feet to a point for corner; North 78°36'04" West, a distance of 493.77 feet to a point for corner; North 71°50'14" West, a distance of 76.42 feet to a point for corner; North 61°10'29" West, a distance of 446.90 feet to a point for corner; North 47°43'13" West, a distance of 623.92 feet to a fence corner; North 86°18'49" West, a distance of 1,355.92 feet to a point in an east line of a called 748.003 acre tract described in deed to Huisache Cattle Company, Ltd. recorded in Volume 166, Page 832 of the Webb County Deed Records and the southwest corner of said called 2,079.865 acre tract; THENCE, South 02°36'57" West, over and across said Webb Road, a distance of 47.72 feet to a point in the south right-of-way line of said Webb Road; THENCE along said south right-of-way line of Webb Road the following three (3) courses and distances: North 80°08'21" West, a distance of 1,032.58 feet; North 80°13'29" West, a distance of 32.50 feet; North 73°38'40" West, a distance of 3,821.11 feet to a point for the intersection of said Webb Road and the centerline of U.S. Highway 83 (variable width) for the southwest corner of said called 748.003 acre tract; THENCE, North 05°10'00" West, along said centerline of U.S. Highway 83, a distance of 5,896.54 feet to a point for the northwest corner of said called 748.003 acre tract; THENCE, South 80°01'13" East, a distance of 6,230.95 feet to a fence corner; THENCE, North 08°49'51" East, a distance of 1,159.98 feet to the POINT OF BEGINNING and containing 2,828.368 acres (123,203,717 square feet) of land. Webb Tract: Being a tract or parcel containing 1,696.848 acres (73,914,677 square feet) of land situated in Webb County, Texas and being out of and a part of a called 1,822.50 acre tract described in deed to Huisache Cattle Company, Ltd. recorded in Volume 841, Page, 814 of the Webb County Deed Records, said 1,696.848 acres tract being more particularly described by metes and bounds as follows: (Bearings cited herein are based on the Texas State Plane Coordinate System, South Zone, NAD 83, are surface and may be converted to grid applying a combined scale factor of 1.00003144444054) BEGINNING at a fence corner marking the common corners of Section Number 362, 363, 1606, 1593 and an angle corner of the herein described tract; THENCE, North 89°25'08" West, a distance of 1,318.28 feet to a found 1/2-inch iron rod in the east right-of-way line of Interstate Highway 35 (variable width) marking the southwest corner of the herein described tract; THENCE with said east right-of-way line of Interstate Highway 35 the following nine (9) courses and distances: North 12°32'12" East, a distance of 1,260.55 feet to a fence post for corner and beginning of a curve to the left; Northeasterly, along a non-tangent curve to the left, having a radius of 1,948.57 feet, with an arc length of 422.06 feet, a chord bearing and distance of North 06°18'36" East, 421.24 feet to a fence post for corner; North 00°00'40" East, a distance of 296.40 feet to a fence post for corner; North 66°59'21" East, a distance of 40.19 feet to a fence post for corner; North 12°08'53" East, a distance of 70.85 feet to a fence post for corner; North 48°56'46" West, a distance of 64.62 feet to a fence post for corner and the beginning of a curve to the right; Northeasterly, along a non-tangent curve to the right, having a radius of 1,888.99 feet, with an arc length of 374.29 feet, a chord bearing and distance of North 09°43'00" East, 373.68 feet to a fence post for corner; North 15°17'07" East, a distance of 610.18 feet to a fence post for corner; North 15°18'24" East, a distance of 495.69 feet to a fence post for the northwest corner of the herein described tract; THENCE, North 89°29'54" East, a distance of 15,726.16 feet to a fence post for the northeast corner of the herein described tract; THENCE, South 00°32'58" East, a distance of 1,914.30 feet to a fence post for corner; THENCE, South 89°29'51" West, a distance of 6,231.04 feet to a fence post for corner; THENCE, South 00°12'48" East, a distance of 5,187.59 feet to a fence post for the southeast corner of Section Number 1963 and the herein described tract; THENCE, North 89°46'59" West, a distance of 1,927.01 feet to a fence post for corner; THENCE, South 00°26'24" East, a distance of 187.62 feet to a fence post for corner; THENCE, North 89°57'49" West, a distance of 1,596.00 feet to a fence post for corner; THENCE, North 69°14'50" West, a distance of 5,746.17 feet to a fence post for corner; THENCE, North 00°05'46" East, a distance of 1,640.56 feet to the POINT OF BEGINNING and containing 1,696.848 acres (73,914,677 square feet) of land. SECTION 3. The Legacy Municipal Management District retains all rights, powers, privileges, authority, duties, and functions that the Legacy Water Control and Improvement District had before the effective date of this Act, except as otherwise expressly provided by Chapter 4000, Special District Local Laws Code, as added by this Act. SECTION 4. (a) The legislature validates and confirms all governmental acts and proceedings of the Legacy Water Control and Improvement District that were taken before the effective date of this Act. (b) This section does not apply to any matter that on the effective date of this Act: (1) is involved in litigation if the litigation ultimately results in the matter being held invalid by a final court judgment; or (2) has been held invalid by a final court judgment. SECTION 5. (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, lieutenant governor, and 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 have been fulfilled and accomplished. SECTION 6. 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.