Texas 2011 - 82nd Regular

Texas House Bill HB2363 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Flynn (Senate Sponsor - Deuell) H.B. No. 2363
2	2	(In the Senate - Received from the House May 12, 2011;
3	3	May 12, 2011, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 19, 2011, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 19, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the creation of the Bearpen Creek Municipal Utility
11	11	District of Hunt County; providing authority to impose a tax and
12	12	issue bonds; granting a limited power of eminent domain.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle F, Title 6, Special District Local Laws
15	15	Code, is amended by adding Chapter 8363 to read as follows:
16	16	CHAPTER 8363. BEARPEN CREEK MUNICIPAL UTILITY DISTRICT
17	17	OF HUNT COUNTY
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 8363.001. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "City" means a municipality in whose corporate
22	22	limits or extraterritorial jurisdiction the district is located.
23	23	(3) "Commission" means the Texas Commission on
24	24	Environmental Quality.
25	25	(4) "Director" means a board member.
26	26	(5) "District" means the Bearpen Creek Municipal
27	27	Utility District of Hunt County.
28	28	Sec. 8363.002. NATURE OF DISTRICT. The district is a
29	29	municipal utility district created under Section 59, Article XVI,
30	30	Texas Constitution.
31	31	Sec. 8363.003. CONFIRMATION AND DIRECTORS' ELECTION
32	32	REQUIRED. The temporary directors shall hold an election to
33	33	confirm the creation of the district and to elect five permanent
34	34	directors as provided by Section 49.102, Water Code.
35	35	Sec. 8363.004. CONSENT OF MUNICIPALITY REQUIRED. The
36	36	temporary directors may not hold an election under Section 8363.003
37	37	until each municipality in whose corporate limits or
38	38	extraterritorial jurisdiction the district is located has
39	39	consented by ordinance or resolution to the creation of the
40	40	district and to the inclusion of land in the district.
41	41	Sec. 8363.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
42	42	(a) The district is created to serve a public purpose and benefit.
43	43	(b) The district is created to accomplish the purposes of:
44	44	(1) a municipal utility district as provided by
45	45	general law and Section 59, Article XVI, Texas Constitution; and
46	46	(2) Section 52, Article III, Texas Constitution, that
47	47	relate to the construction, acquisition, improvement, operation,
48	48	or maintenance of macadamized, graveled, or paved roads, or
49	49	improvements, including storm drainage, in aid of those roads.
50	50	Sec. 8363.006. INITIAL DISTRICT TERRITORY. (a) The
51	51	district is initially composed of the territory described by
52	52	Section 2 of the Act enacting this chapter.
53	53	(b) The boundaries and field notes contained in Section 2 of
54	54	the Act enacting this chapter form a closure. A mistake made in the
55	55	field notes or in copying the field notes in the legislative process
56	56	does not affect the district's:
57	57	(1) organization, existence, or validity;
58	58	(2) right to issue any type of bond for the purposes
59	59	for which the district is created or to pay the principal of and
60	60	interest on a bond;
61	61	(3) right to impose a tax; or
62	62	(4) legality or operation.
63	63	[Sections 8363.007-8363.050 reserved for expansion]
64	64	SUBCHAPTER B. BOARD OF DIRECTORS
65	65	Sec. 8363.051. GOVERNING BODY; TERMS. (a) The district is
66	66	governed by a board of five elected directors.
67	67	(b) Except as provided by Section 8363.052, directors serve
68	68	staggered four-year terms.
69	69	Sec. 8363.052. TEMPORARY DIRECTORS. (a) The temporary
70	70	board consists of:
71	71	(1) Jessica Shae Ewy;
72	72	(2) Jason Michael Farmer;
73	73	(3) Charles Richard Johns;
74	74	(4) Warren Jacob Loftis; and
75	75	(5) Martin Jacob Newman.
76	76	(b) Temporary directors serve until the earlier of:
77	77	(1) the date permanent directors are elected under
78	78	Section 8363.003; or
79	79	(2) the fourth anniversary of the effective date of
80	80	the Act enacting this chapter.
81	81	(c) If permanent directors have not been elected under
82	82	Section 8363.003 and the terms of the temporary directors have
83	83	expired, successor temporary directors shall be appointed or
84	84	reappointed as provided by Subsection (d) to serve terms that
85	85	expire on the earlier of:
86	86	(1) the date permanent directors are elected under
87	87	Section 8363.003; or
88	88	(2) the fourth anniversary of the date of the
89	89	appointment or reappointment.
90	90	(d) If Subsection (c) applies, the owner or owners of a
91	91	majority of the assessed value of the real property in the district
92	92	may submit a petition to the commission requesting that the
93	93	commission appoint as successor temporary directors the five
94	94	persons named in the petition. The commission shall appoint as
95	95	successor temporary directors the five persons named in the
96	96	petition.
97	97	[Sections 8363.053-8363.100 reserved for expansion]
98	98	SUBCHAPTER C. POWERS AND DUTIES
99	99	Sec. 8363.101. GENERAL POWERS AND DUTIES. The district has
100	100	the powers and duties necessary to accomplish the purposes for
101	101	which the district is created.
102	102	Sec. 8363.102. MUNICIPAL UTILITY DISTRICT POWERS AND
103	103	DUTIES. The district has the powers and duties provided by the
104	104	general law of this state, including Chapters 49 and 54, Water Code,
105	105	applicable to municipal utility districts created under Section 59,
106	106	Article XVI, Texas Constitution.
107	107	Sec. 8363.103. AUTHORITY FOR ROAD PROJECTS. Under Section
108	108	52, Article III, Texas Constitution, the district may design,
109	109	acquire, construct, finance, issue bonds for, improve, operate,
110	110	maintain, and convey to this state, a county, or a municipality for
111	111	operation and maintenance macadamized, graveled, or paved roads, or
112	112	improvements, including storm drainage, in aid of those roads.
113	113	Sec. 8363.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
114	114	road project must meet all applicable construction standards,
115	115	zoning and subdivision requirements, and regulations of each
116	116	municipality in whose corporate limits or extraterritorial
117	117	jurisdiction the road project is located.
118	118	(b) If a road project is not located in the corporate limits
119	119	or extraterritorial jurisdiction of a municipality, the road
120	120	project must meet all applicable construction standards,
121	121	subdivision requirements, and regulations of each county in which
122	122	the road project is located.
123	123	(c) If the state will maintain and operate the road, the
124	124	Texas Transportation Commission must approve the plans and
125	125	specifications of the road project.
126	126	Sec. 8363.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
127	127	OR RESOLUTION. The district shall comply with all applicable
128	128	requirements of any ordinance or resolution that is adopted under
129	129	Section 54.016 or 54.0165, Water Code, and that consents to the
130	130	creation of the district or to the inclusion of land in the
131	131	district.
132	132	Sec. 8363.106. ACQUISITION OF PERMIT RIGHTS. (a) Using
133	133	any available district money, including bond proceeds, the district
134	134	may pay all expenses related to the acquisition of a certificate of
135	135	public convenience and necessity from another retail public utility
136	136	and any other permit rights necessary to provide the city authority
137	137	to provide retail water or sewer service in the district. The
138	138	acquisition, by purchase or otherwise, may be made by the district
139	139	on behalf of and for transfer to the city or by the city directly.
140	140	(b) In relation to a retail public utility that provides
141	141	water or sewer service to all or part of the area of the district
142	142	under a certificate of public convenience and necessity, the
143	143	district may exercise the powers given to a municipality provided
144	144	by Section 13.255, Water Code, as if the district were a
145	145	municipality that had annexed the area of the district. The
146	146	commission shall grant single certification as to the city as
147	147	provided by Section 13.255(c), Water Code, in the event that the
148	148	district applies for the certification on the city's behalf in the
149	149	manner provided by Section 13.255(b), Water Code.
150	150	(c) The city may contract with the district to carry out the
151	151	purposes of this section without further authorization.
152	152	Sec. 8363.107. LIMITATION ON USE OF EMINENT DOMAIN. The
153	153	district may not exercise the power of eminent domain outside the
154	154	district to acquire a site or easement for:
155	155	(1) a road project authorized by Section 8363.103; or
156	156	(2) a recreational facility as defined by Section
157	157	49.462, Water Code.
158	158	[Sections 8363.108-8363.150 reserved for expansion]
159	159	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
160	160	Sec. 8363.151. ELECTIONS REGARDING TAXES OR BONDS.
161	161	(a) The district may issue, without an election, bonds and other
162	162	obligations secured by:
163	163	(1) revenue other than ad valorem taxes; or
164	164	(2) contract payments described by Section 8363.153.
165	165	(b) The district must hold an election in the manner
166	166	provided by Chapters 49 and 54, Water Code, to obtain voter approval
167	167	before the district may impose an ad valorem tax or issue bonds
168	168	payable from ad valorem taxes.
169	169	(c) The district may not issue bonds payable from ad valorem
170	170	taxes to finance a road project unless the issuance is approved by a
171	171	vote of a two-thirds majority of the district voters voting at an
172	172	election held for that purpose.
173	173	Sec. 8363.152. OPERATION AND MAINTENANCE TAX. (a) If
174	174	authorized at an election held under Section 8363.151, the district
175	175	may impose an operation and maintenance tax on taxable property in
176	176	the district in accordance with Section 49.107, Water Code.
177	177	(b) The board shall determine the tax rate. The rate may not
178	178	exceed the rate approved at the election.
179	179	Sec. 8363.153. CONTRACT TAXES. (a) In accordance with
180	180	Section 49.108, Water Code, the district may impose a tax other than
181	181	an operation and maintenance tax and use the revenue derived from
182	182	the tax to make payments under a contract after the provisions of
183	183	the contract have been approved by a majority of the district voters
184	184	voting at an election held for that purpose.
185	185	(b) A contract approved by the district voters may contain a
186	186	provision stating that the contract may be modified or amended by
187	187	the board without further voter approval.
188	188	[Sections 8363.154-8363.200 reserved for expansion]
189	189	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
190	190	Sec. 8363.201. AUTHORITY TO ISSUE BONDS AND OTHER
191	191	OBLIGATIONS. (a) Except as provided by Subsection (b), the
192	192	district may issue bonds or other obligations payable wholly or
193	193	partly from ad valorem taxes, impact fees, revenue, contract
194	194	payments, grants, or other district money, or any combination of
195	195	those sources, to pay for any authorized district purpose.
196	196	(b) The district may not issue bonds until the governing
197	197	body of the city approves a bond issuance plan authorizing and
198	198	setting forth the limitations on the issuance of the bonds.
199	199	Sec. 8363.202. TAXES FOR BONDS. At the time the district
200	200	issues bonds payable wholly or partly from ad valorem taxes, the
201	201	board shall provide for the annual imposition of a continuing
202	202	direct ad valorem tax, without limit as to rate or amount, while all
203	203	or part of the bonds are outstanding as required and in the manner
204	204	provided by Sections 54.601 and 54.602, Water Code.
205	205	Sec. 8363.203. BONDS FOR ROAD PROJECTS. At the time of
206	206	issuance, the total principal amount of bonds or other obligations
207	207	issued or incurred to finance road projects and payable from ad
208	208	valorem taxes may not exceed one-fourth of the assessed value of the
209	209	real property in the district.
210	210	[Sections 8363.204-8363.250 reserved for expansion]
211	211	SUBCHAPTER F. DISSOLUTION OF DISTRICT
212	212	Sec. 8363.251. DISSOLUTION BY CITY ORDINANCE. (a) The
213	213	city may dissolve the district by ordinance after provision is made
214	214	for all debts incurred by the district if one or more of the
215	215	following does not occur:
216	216	(1) on or before the 90th day after the effective date
217	217	of the Act enacting this chapter, the city receives one or more
218	218	petitions requesting annexation of all territory in the district
219	219	remaining in the extraterritorial jurisdiction of the city;
220	220	(2) on or before the last day of the ninth month after
221	221	the effective date of the Act enacting this chapter, the city adopts
222	222	one or more ordinances annexing all territory in the district
223	223	remaining in the city's extraterritorial jurisdiction;
224	224	(3) on or before the last day of the third year after
225	225	the effective date of the Act enacting this chapter, the commission
226	226	issues an order approving the sale and transfer of a certificate of
227	227	public convenience and necessity authorizing the city to provide
228	228	retail water service to territory in the district; or
229	229	(4) by the end of the fifth year after the effective
230	230	date of the Act enacting this chapter, the district has completed
231	231	construction of internal streets and water and sanitary sewer
232	232	facilities sufficient to serve at least 100 residential lots in the
233	233	district.
234	234	(b) If the city dissolves the district under Subsection (a):
235	235	(1) any district assets that remain after the payment
236	236	of debts shall be transferred to the city; and
237	237	(2) the organization of the district shall be
238	238	maintained until all the debts are paid or assumed and remaining
239	239	assets are transferred.
240	240	(c) This section does not limit the authority of the city to
241	241	dissolve the district under Chapter 43, Local Government Code, or
242	242	other general law.
243	243	SECTION 2. The Bearpen Creek Municipal Utility District of
244	244	Hunt County initially includes all the territory contained in the
245	245	following area:
246	246	A metes and bounds description of a 960.90 acre tract of land
247	247	situated in the James May Survey, Abstract No. 1297, the James Roads
248	248	Survey, Abstract No. 872, the G.W. McCafferty Survey, Abstract No.
249	249	1298, the Shelby County School Land Survey, Abstract No. 946, and
250	250	the John Stone Survey, Abstract No. 198, Hunt County, Texas, and
251	251	being that land described by deeds to Bearpen Creek, L.P, as
252	252	recorded in Volume 1184, Page 63, Volume 1184, Page 68, Volume 1184,
253	253	Page 54, Volume 1184, Page 73, Volume 1184, Page 59, Volume 1184,
254	254	Page 59, Volume 1184, Page 36, Volume 1184, Page 50, Volume 1184,
255	255	Page 41, Volume 1184, Page 45, and Volume 1184, Page 32, Deed
256	256	Records, Hunt County, Texas.
257	257	BEGINNING at a point for the south right-of-way line of U.S.
258	258	Interstate 30, being the northwest corner of said deed recorded in
259	259	Volume 1184, Page, 63 and being the northeast corner of a tract of
260	260	land described by deed to Sharon McCall, as recorded in Volume 897,
261	261	Page 372, Deed Records, Hunt County, Texas;
262	262	THENCE North 88°51'12" East along the said south right-of-way
263	263	line, a distance of 1284.70 feet to a point for corner being the
264	264	northwest corner of a tract of land described by deed to Crawford,
265	265	as recorded in Volume 178, Page 743, Deed Records, Hunt County,
266	266	Texas;
267	267	THENCE South 01°06'57" East leaving said right-of-way and
268	268	along the west line of said Crawford tract, a distance of 943.75
269	269	feet to a point for corner, being an el corner of this tract and the
270	270	southwest corner of said Crawford tract and being near the center of
271	271	County Road 2515;
272	272	THENCE North 88°53'22" East along the south line of said
273	273	Crawford tract being in said County Road, a distance of 723.00 feet
274	274	to a point for corner, being the southeast corner of said Crawford
275	275	tract and being the southwest corner of a tract of land described by
276	276	deed to Action Inc., as recorded in Volume 453, Page 845, Deed
277	277	Records, Hunt County, Texas;
278	278	THENCE North 76°06'29" East along the south line of said
279	279	Action Inc., a distance of 135.68 feet to a point for corner, being
280	280	the northwest corner of a remainder of a tract of land described by
281	281	deed to Leonard H. Daniel, as recorded in Volume 99, Page 548, Deed
282	282	Records, Hunt County, Texas;
283	283	THENCE South 00°06'22" East leaving said County Road and the
284	284	south line of said Action Inc, and along the west line of said
285	285	Daniel remainder tract, a distance of 748.00 feet to a point for
286	286	corner;
287	287	THENCE North 89°08'43" East along the south line of said
288	288	Daniel remainder tract, a distance of 395.42 feet to a point for
289	289	corner being in the west line of a tract of land described by deed to
290	290	Leonard H. Daniel, as recorded in Volume 859, Page 497, Deed
291	291	Records, Hunt County, Texas;
292	292	THENCE South 00°18'34" East along the west line of said Daniel
293	293	tract, a distance of 740.51 feet to a point for corner, being an el
294	294	corner of this tract and the southwest corner of said Daniel tract
295	295	and the northwest corner of a tract of land described by said deed
296	296	in Volume 1184, Page 54;
297	297	THENCE North 89°40'05" East along the south line of said
298	298	Daniel tract, a distance of 1230.31 feet to a point for corner,
299	299	being the southeast corner of said Daniel tract and southwest
300	300	corner of a tract of land described by deed to Sam Holmes in Volume
301	301	267, Page 631, Deed Records, Hunt County, Texas;
302	302	THENCE North 89°02'16" East along the south line of said
303	303	Holmes tract, a distance of 1610.64 feet to a point for corner,
304	304	being the southwest corner of a tract of land known as Magnolia
305	305	Place as recorded by Plat in Cabinet E, Slide 169, Plat Records,
306	306	Hunt County, Texas;
307	307	THENCE North 89°01'45" East along the south line of said
308	308	Magnolia Place, a distance of 402.32 feet to a point for corner,
309	309	being the northeast corner of said tract of land recorded in Volume
310	310	1184, Page 73 and being an el corner of said Magnolia Place;
311	311	THENCE South 01°21'12" East along the east line of said tract
312	312	of land recorded in Volume 1184, Page 73 and the west line of said
313	313	Magnolia Place, a distance of 1247.77 feet to a point for corner,
314	314	being in County Road 2596;
315	315	THENCE North 89°34'22" East with the said County Road, along
316	316	the south line of said Magnolia Place, along the south line of a
317	317	tract of land known as South Gentry as recorded by plat in Cabinet
318	318	E, Slide 169, Plat Records, Hunt County, Texas, and along the south
319	319	line of a tract of land described by deed to Bobby Crowell in Volume
320	320	858, Page 332, Deed Records, Hunt County, Texas, a distance of
321	321	2343.14 feet to a point for corner, being the northwest corner of
322	322	Hoffman Estates as recorded in Volume B, Page 52, Deed Records, Hunt
323	323	County, Texas;
324	324	THENCE South 00°05'44" West along the west line of Hoffman
325	325	Estates, a distance of 1135.75 feet to a point for corner;
326	326	THENCE South 16°57'40" East continuing along said west line a
327	327	distance of 83.02 feet to a point for corner;
328	328	THENCE South 00°47'53" East continuing along said west line a
329	329	distance of 613.79 feet to a point for corner;
330	330	THENCE North 89°59'40" West continuing along said west line a
331	331	distance of 36.33 feet to a point for corner;
332	332	THENCE South 00°23'15" East continuing along said west line a
333	333	distance of 1083.06 feet to a point for corner, being in County Road
334	334	2595 and being the southeast corner of said tract recorded in Volume
335	335	1184, Page 73;
336	336	THENCE South 89°53'25" West along the south line of said tract
337	337	recorded in Volume 1184, Page 73 and the north line of a tract
338	338	described by deed to Brandy Kent Maynard in Volume 956, Page 460,
339	339	Deed Records, Hunt County, Texas, a distance of 1480.58 feet to a
340	340	point for corner, being the northwest corner of said Maynard tract
341	341	and the northeast corner of said tract of land recorded by deed in
342	342	Volume 1184, Page 59;
343	343	THENCE South 00°38'57" East along the west line of said
344	344	Maynard tract and a tract of land described by deed to John
345	345	Carpenter in Volume 956, Page 452, Deed Records, Hunt County,
346	346	Texas, a distance of 962.74 feet to a point for corner;
347	347	THENCE South 00°38'44" East continuing along said properties,
348	348	a distance of 1768.37 feet to a point for corner, being the
349	349	southeast corner of said tract of land recorded by deed in Volume
350	350	1184, Page 59 and being in County Road 2526;
351	351	THENCE South 89°46'54" West along the south line of said tract
352	352	of land recorded by deed in Volume 1184, Page 59 and said County
353	353	Road, a distance of 860.80 feet to a point for corner, being the
354	354	southwest of said tract and being the southeast corner of said tract
355	355	of land recorded by deed in Volume 1184, Page 36;
356	356	THENCE in a westerly direction along the south line of said
357	357	tract of land recorded by deed in Volume 1184, Page 36 and with said
358	358	County Road: South 87°54'36" West a distance of 297.64 feet to a
359	359	point for corner; North 84°13'06" West a distance of 213.00 feet to a
360	360	point for corner; South 87°46'54" West a distance of 358.00 feet to a
361	361	point for corner, being the southwest corner of said tract of land
362	362	recorded by deed in Volume 1184, Page 36 and the being in the east
363	363	line of said tract of land recorded in Volume 1184 Page 50;
364	364	THENCE South 00°22'13" East along the east line of said tract
365	365	of land recorded in Volume 1184 Page 50, a distance of 19.89 feet to
366	366	a point for corner, being the southeast corner of said tract;
367	367	THENCE South 89°27'03" West along the south line of said
368	368	tract, a distance of 821.50 feet to a point for corner, being the
369	369	southwest corner of said tract of land recorded in Volume 1184, Page
370	370	50 and being the southeast corner of said tract of land recorded in
371	371	Volume 1184, Page 41;
372	372	THENCE South 89°27'03" West continuing along said south line,
373	373	a distance of 1336.90 feet to a point for corner, being the
374	374	southwest corner of said tract and the southeast corner of a tract
375	375	of land known as Hill Estate as recorded by plat in Volume A, Page
376	376	52, Plat Records, Hunt County, Texas and being the southwest corner
377	377	of said tract of land recorded in Volume 1184, Page 41;
378	378	THENCE North 01°28'22" West along the east line of said Hill
379	379	Estate, the west line of said tract of land recorded in Volume 1184,
380	380	Page 41, and leaving said County Road, a distance of 1899.51 feet to
381	381	a point for corner, being the northeast corner of said Hill Estate
382	382	and in the south line of said tract of land recorded in Volume 1184,
383	383	Page 45;
384	384	THENCE South 89°37'28" West along the south line of said tract
385	385	of land recorded in Volume 1184, Page 45 and the north line of said
386	386	Hill Estate, a distance of 2195.58 feet to a point for corner, being
387	387	the southwest corner line of said tract of land recorded in Volume
388	388	1184, Page 45 and being in the east line of a tract of land described
389	389	by deed to Clark Baldwin as recorded in Volume 772, Page 209, Deed
390	390	Records Hunt County, Texas;
391	391	THENCE North 00°15'40" West long the east line of the Clark
392	392	Baldwin tract, a tract of land described by deed to A. B. Fenton
393	393	recorded in Volume 634, Page 219, Deed Records, Hunt County, Texas,
394	394	and a tract of land described by deed to Mariana G. Daffron as
395	395	recorded in Volume 771, Page 515, Hunt County, Texas, a distance of
396	396	1902.70 feet to a point for corner, being the northwest corner of
397	397	said tract of land recorded in Volume 1184, Page 45 and being in
398	398	County Road 2595;
399	399	THENCE North 89°57'07" East with said County Road and along
400	400	the south line of the tract of land described by deed to Jimmy Joe
401	401	Herndon as recorded Volume 515, Page 292, Deed Records, Hunt
402	402	County, Texas, a distance of 1988.16 feet to a point for corner,
403	403	being in the north line of said tract of land recorded in Volume
404	404	1184, Page 36, being the southeast corner of said Herndon tract, and
405	405	being the southwest corner of said tract of land recorded in Volume,
406	406	1184 Page 54;
407	407	THENCE North 00°17'49" West leaving said County Road and along
408	408	the west line of said tract of land recorded in Volume 1184 Page 54
409	409	and the east line of the said Herndon tract, a distance of 1807.59
410	410	feet to a point for corner, being the southeast corner of said tract
411	411	of land recorded in Volume 1184, Page 68 and the northeast corner of
412	412	said Herndon tract;
413	413	THENCE South 89°37'15" West leaving the west line of said
414	414	tract of land recorded in Volume 1184, Page 54 and along the said
415	415	Herndon tract and along the north line of the tracts of land
416	416	described by deed to Jimmy Joe Herndon as recorded in Volume 390,
417	417	Page 584, and Volume 57, Page 513, Deed Records, Hunt County, Texas
418	418	and along the south line of said tract of land recorded in Volume
419	419	1184, Page 68 and south line of said tract of land recorded in
420	420	Volume 1184, Page 32, a distance of 3880.16 feet to a point for
421	421	corner, being the southwest corner of said tract of land recorded in
422	422	Volume 1184, Page 32 and being in the east right-of-way line of Farm
423	423	to Market Road 35;
424	424	THENCE North 25°20'14" West along east line of said F.M. Road
425	425	and along the west line of said tract of land recorded in Volume
426	426	1184, Page 32, a distance of 547.80 feet to a point for corner;
427	427	THENCE North 00°37'50" West continuing along said lines, a
428	428	distance of 197.10 feet to a point for corner, being the northwest
429	429	corner of said tract of land recorded in Volume 1184, Page 32, the
430	430	southwest corner of a tract of land described to Carlton C. White,
431	431	Inc. as recorded in Volume 269, Page 489, Deed Records, Hunt County,
432	432	Texas;
433	433	THENCE North 89°13'10" East along the south line of said White
434	434	tract and the north line of said tract of land recorded in Volume
435	435	1184, Page 32, a distance of 2550.67 feet to a point for corner,
436	436	being the southeast corner of the White tract, the northeast corner
437	437	of said tract of land recorded in Volume 1184, Page 32 and in the
438	438	east line of said tract of land recorded in Volume 1184, Page 68;
439	439	THENCE North 00°16'55" East along the east line of the White
440	440	tract and the west line of said tract of land recorded in Volume
441	441	1184, Page 68, a distance of 2014.42 feet to a point for corner,
442	442	being in the south line of said tract of land recorded in Volume
443	443	1184, Page 63;
444	444	THENCE South 88°53'22" West continuing along north line of
445	445	said White tract and the south line of said tract of land recorded
446	446	in Volume 1184 Page 63, a distance of 991.00 feet to a point for
447	447	corner, being the southwest corner of said tract of land recorded in
448	448	Volume 1184, Page 63 and the southeast corner of said McCall tract;
449	449	THENCE North 01°06'57" West along west line of said tract of
450	450	land recorded in Volume 1184, Page 63 and the east line of said
451	451	McCall tract, a distance of 942.94 feet to the POINT OF BEGINNING
452	452	and containing 960.90 acres of land, more or less.
453	453	SECTION 3. (a) The legal notice of the intention to
454	454	introduce this Act, setting forth the general substance of this
455	455	Act, has been published as provided by law, and the notice and a
456	456	copy of this Act have been furnished to all persons, agencies,
457	457	officials, or entities to which they are required to be furnished
458	458	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
459	459	Government Code.
460	460	(b) The governor, one of the required recipients, has
461	461	submitted the notice and Act to the Texas Commission on
462	462	Environmental Quality.
463	463	(c) The Texas Commission on Environmental Quality has filed
464	464	its recommendations relating to this Act with the governor, the
465	465	lieutenant governor, and the speaker of the house of
466	466	representatives within the required time.
467	467	(d) All requirements of the constitution and laws of this
468	468	state and the rules and procedures of the legislature with respect
469	469	to the notice, introduction, and passage of this Act are fulfilled
470	470	and accomplished.
471	471	SECTION 4. (a) Section 8363.107, Special District Local
472	472	Laws Code, as added by Section 1 of this Act, takes effect only if
473	473	this Act receives a two-thirds vote of all the members elected to
474	474	each house.
475	475	(b) If this Act does not receive a two-thirds vote of all the
476	476	members elected to each house, Subchapter C, Chapter 8363, Special
477	477	District Local Laws Code, as added by Section 1 of this Act, is
478	478	amended by adding Section 8363.107 to read as follows:
479	479	Sec. 8363.107. NO EMINENT DOMAIN POWER. The district may
480	480	not exercise the power of eminent domain.
481	481	(c) This section is not intended to be an expression of a
482	482	legislative interpretation of the requirements of Section 17(c),
483	483	Article I, Texas Constitution.
484	484	SECTION 5. Except as provided by Section 4 of this Act:
485	485	(1) this Act takes effect immediately if it receives a
486	486	vote of two-thirds of all the members elected to each house, as
487	487	provided by Section 39, Article III, Texas Constitution; and
488	488	(2) if this Act does not receive the vote necessary for
489	489	immediate effect, this Act takes effect September 1, 2011.
490	490	* * * * *