Texas 2015 - 84th Regular

Texas Senate Bill SB2057 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Taylor of Collin S.B. No. 2057
2		-	(Flynn)
	1	+	S.B. No. 2057
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		relating to the creation of the Double R Municipal Utility
7	5		Districts Nos. 1 and 2 of Hunt County; granting a limited power of
8	6		eminent domain; providing authority to issue bonds; providing
9	7		authority to impose assessments, fees, and taxes.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		ARTICLE 1. CREATION OF MUNICIPAL UTILITY DISTRICTS
12	10		SECTION 1.01. Subtitle F, Title 6, Special District Local
13	11		Laws Code, is amended by adding Chapter 7955 to read as follows:
14	12		CHAPTER 7955. DOUBLE R MUNICIPAL UTILITY DISTRICT NO. 1 OF HUNT
15	13		COUNTY
16	14		SUBCHAPTER A. GENERAL PROVISIONS
17	15		Sec. 7955.001. DEFINITIONS. In this chapter:
18	16		(1) "Board" means the district's board of directors.
19	17		(2) "Commission" means the Texas Commission on
20	18		Environmental Quality.
21	19		(3) "Director" means a board member.
22	20		(4) "District" means the Double R Municipal Utility
23	21		District No. 1 of Hunt County.
24	22		Sec. 7955.002. NATURE OF DISTRICT. The district is a
25	23		municipal utility district created under Section 59, Article XVI,
26	24		Texas Constitution.
27	25		Sec. 7955.003. CONFIRMATION AND DIRECTORS' ELECTION
28	26		REQUIRED. The temporary directors shall hold an election to
29	27		confirm the creation of the district and to elect five permanent
30	28		directors as provided by Section 49.102, Water Code.
31	29		Sec. 7955.004. CONSENT OF MUNICIPALITY REQUIRED. The
32	30		temporary directors may not hold an election under Section 7955.003
33	31		until each municipality in whose corporate limits or
34	32		extraterritorial jurisdiction the district is located has
35	33		consented by ordinance or resolution to the creation of the
36	34		district and to the inclusion of land in the district.
37	35		Sec. 7955.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	36		(a) The district is created to serve a public purpose and benefit.
39	37		(b) The district is created to accomplish the purposes of:
40	38		(1) a municipal utility district as provided by
41	39		general law and Section 59, Article XVI, Texas Constitution; and
42	40		(2) Section 52, Article III, Texas Constitution, that
43	41		relate to the construction, acquisition, improvement, operation,
44	42		or maintenance of macadamized, graveled, or paved roads, or
45	43		improvements, including storm drainage, in aid of those roads.
46	44		Sec. 7955.006. INITIAL DISTRICT TERRITORY. (a) The
47	45		district is initially composed of the territory described by
48	46		Section 2.01 of the Act enacting this chapter.
49	47		(b) The boundaries and field notes contained in Section 2.01
50	48		of the Act enacting this chapter form a closure. A mistake made in
51	49		the field notes or in copying the field notes in the legislative
52	50		process does not affect the district's:
53	51		(1) organization, existence, or validity;
54	52		(2) right to issue any type of bond for the purposes
55	53		for which the district is created or to pay the principal of and
56	54		interest on a bond;
57	55		(3) right to impose a tax; or
58	56		(4) legality or operation.
59	57		SUBCHAPTER B. BOARD OF DIRECTORS
60	58		Sec. 7955.051. GOVERNING BODY; TERMS. (a) The district is
61	59		governed by a board of five elected directors.
62	60		(b) Except as provided by Section 7955.052, directors serve
63	61		staggered four-year terms.
64	62		Sec. 7955.052. TEMPORARY DIRECTORS. (a) On or after
65	63		September 1, 2015, the owner or owners of a majority of the assessed
66	64		value of the real property in the district may submit a petition to
67	65		the commission requesting that the commission appoint as temporary
68	66		directors the five persons named in the petition. The commission
69	67		shall appoint as temporary directors the five persons named in the
70	68		petition.
71	69		(b) Temporary directors serve until the earlier of:
72	70		(1) the date permanent directors are elected under
73	71		Section 7955.003; or
74	72		(2) September 1, 2019.
75	73		(c) If permanent directors have not been elected under
76	74		Section 7955.003 and the terms of the temporary directors have
77	75		expired, successor temporary directors shall be appointed or
78	76		reappointed as provided by Subsection (d) to serve terms that
79	77		expire on the earlier of:
80	78		(1) the date permanent directors are elected under
81	79		Section 7955.003; or
82	80		(2) the fourth anniversary of the date of the
83	81		appointment or reappointment.
84	82		(d) If Subsection (c) applies, the owner or owners of a
85	83		majority of the assessed value of the real property in the district
86	84		may submit a petition to the commission requesting that the
87	85		commission appoint as successor temporary directors the five
88	86		persons named in the petition. The commission shall appoint as
89	87		successor temporary directors the five persons named in the
90	88		petition.
91	89		SUBCHAPTER C. POWERS AND DUTIES
92	90		Sec. 7955.101. GENERAL POWERS AND DUTIES. The district has
93	91		the powers and duties necessary to accomplish the purposes for
94	92		which the district is created.
95	93		Sec. 7955.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	94		DUTIES. The district has the powers and duties provided by the
97	95		general law of this state, including Chapters 49 and 54, Water Code,
98	96		applicable to municipal utility districts created under Section 59,
99	97		Article XVI, Texas Constitution.
100	98		Sec. 7955.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	99		52, Article III, Texas Constitution, the district may design,
102	100		acquire, construct, finance, issue bonds for, improve, operate,
103	101		maintain, and convey to this state, a county, or a municipality for
104	102		operation and maintenance macadamized, graveled, or paved roads, or
105	103		improvements, including storm drainage, in aid of those roads.
106	104		Sec. 7955.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	105		road project must meet all applicable construction standards,
108	106		zoning and subdivision requirements, and regulations of each
109	107		municipality in whose corporate limits or extraterritorial
110	108		jurisdiction the road project is located.
111	109		(b) If a road project is not located in the corporate limits
112	110		or extraterritorial jurisdiction of a municipality, the road
113	111		project must meet all applicable construction standards,
114	112		subdivision requirements, and regulations of each county in which
115	113		the road project is located.
116	114		(c) If the state will maintain and operate the road, the
117	115		Texas Transportation Commission must approve the plans and
118	116		specifications of the road project.
119	117		Sec. 7955.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120	118		OR RESOLUTION. The district shall comply with all applicable
121	119		requirements of any ordinance or resolution that is adopted under
122	120		Section 54.016 or 54.0165, Water Code, and that consents to the
123	121		creation of the district or to the inclusion of land in the
124	122		district.
125	123		Sec. 7955.106. DIVISION OF DISTRICT. (a) The district may
126	124		be divided into two or more new districts only if the district:
127	125		(1) has no outstanding bonded debt; and
128	126		(2) is not imposing ad valorem taxes.
129	127		(b) This chapter applies to any new district created by the
130	128		division of the district, and a new district has all the powers and
131	129		duties of the district.
132	130		(c) Any new district created by the division of the district
133	131		may not, at the time the new district is created, contain any land
134	132		outside the extraterritorial jurisdiction of a city.
135	133		(d) The board, on its own motion or on receipt of a petition
136	134		signed by the owner or owners of a majority of the assessed value of
137	135		the real property in the district, may adopt an order dividing the
138	136		district.
139	137		(e) Subject to consent of a city described by Section
140	138		7955.004 and in accordance with Section 7955.105, the board may
141	139		adopt an order dividing the district before or after the date the
142	140		board holds an election under Section 7955.003 to confirm the
143	141		creation of the district and before or after an election under
144	142		Section 7955.151 to authorize the issuance of bonds.
145	143		(f) An order dividing the district must:
146	144		(1) name each new district;
147	145		(2) include the metes and bounds description of the
148	146		territory of each new district;
149	147		(3) appoint temporary directors for each new district;
150	148		and
151	149		(4) provide for the division of assets and liabilities
152	150		between or among the new districts.
153	151		(g) On or before the 30th day after the date of adoption of
154	152		an order dividing the district, the district shall file the order
155	153		with the commission and record the order in the real property
156	154		records of each county in which the district is located.
157	155		(h) Any new district created by the division of the district
158	156		shall hold a confirmation and directors' election as required by
159	157		Section 7955.003.
160	158		(i) Any new district created by the division of the district
161	159		must hold an election as required by this chapter to obtain voter
162	160		approval before the district may impose a maintenance tax or issue
163	161		bonds payable wholly or partly from ad valorem taxes.
164	162		(j) If the creation of the new district is confirmed, the
165	163		new district shall provide the election date and results to the
166	164		commission.
167	165		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
168	166		Sec. 7955.151. ELECTIONS REGARDING TAXES OR BONDS.
169	167		(a) The district may issue, without an election, bonds and other
170	168		obligations secured by:
171	169		(1) revenue other than ad valorem taxes; or
172	170		(2) contract payments described by Section 7955.153.
173	171		(b) The district must hold an election in the manner
174	172		provided by Chapters 49 and 54, Water Code, to obtain voter approval
175	173		before the district may impose an ad valorem tax or issue bonds
176	174		payable from ad valorem taxes.
177	175		(c) The district may not issue bonds payable from ad valorem
178	176		taxes to finance a road project unless the issuance is approved by a
179	177		vote of a two-thirds majority of the district voters voting at an
180	178		election held for that purpose.
181	179		Sec. 7955.152. OPERATION AND MAINTENANCE TAX. (a) If
182	180		authorized at an election held under Section 7955.151, the district
183	181		may impose an operation and maintenance tax on taxable property in
184	182		the district in accordance with Section 49.107, Water Code.
185	183		(b) The board shall determine the tax rate. The rate may not
186	184		exceed the rate approved at the election.
187	185		Sec. 7955.153. CONTRACT TAXES. (a) In accordance with
188	186		Section 49.108, Water Code, the district may impose a tax other than
189	187		an operation and maintenance tax and use the revenue derived from
190	188		the tax to make payments under a contract after the provisions of
191	189		the contract have been approved by a majority of the district voters
192	190		voting at an election held for that purpose.
193	191		(b) A contract approved by the district voters may contain a
194	192		provision stating that the contract may be modified or amended by
195	193		the board without further voter approval.
196	194		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
197	195		Sec. 7955.201. AUTHORITY TO ISSUE BONDS AND OTHER
198	196		OBLIGATIONS. The district may issue bonds or other obligations
199	197		payable wholly or partly from ad valorem taxes, impact fees,
200	198		revenue, contract payments, grants, or other district money, or any
201	199		combination of those sources, to pay for any authorized district
202	200		purpose.
203	201		Sec. 7955.202. TAXES FOR BONDS. At the time the district
204	202		issues bonds payable wholly or partly from ad valorem taxes, the
205	203		board shall provide for the annual imposition of a continuing
206	204		direct ad valorem tax, without limit as to rate or amount, while all
207	205		or part of the bonds are outstanding as required and in the manner
208	206		provided by Sections 54.601 and 54.602, Water Code.
209	207		Sec. 7955.203. BONDS FOR ROAD PROJECTS. At the time of
210	208		issuance, the total principal amount of bonds or other obligations
211	209		issued or incurred to finance road projects and payable from ad
212	210		valorem taxes may not exceed one-fourth of the assessed value of the
213	211		real property in the district.
214	212		SECTION 1.02. Subtitle F, Title 6, Special District Local
215	213		Laws Code, is amended by adding Chapter 7956 to read as follows:
216	214		CHAPTER 7956. DOUBLE R MUNICIPAL UTILITY DISTRICT NO. 2 OF HUNT
217	215		COUNTY
218	216		SUBCHAPTER A. GENERAL PROVISIONS
219	217		Sec. 7956.001. DEFINITIONS. In this chapter:
220	218		(1) "Board" means the district's board of directors.
221	219		(2) "Commission" means the Texas Commission on
222	220		Environmental Quality.
223	221		(3) "Director" means a board member.
224	222		(4) "District" means the Double R Municipal Utility
225	223		District No. 2 of Hunt County.
226	224		Sec. 7956.002. NATURE OF DISTRICT. The district is a
227	225		municipal utility district created under Section 59, Article XVI,
228	226		Texas Constitution.
229	227		Sec. 7956.003. CONFIRMATION AND DIRECTORS' ELECTION
230	228		REQUIRED. The temporary directors shall hold an election to
231	229		confirm the creation of the district and to elect five permanent
232	230		directors as provided by Section 49.102, Water Code.
233	231		Sec. 7956.004. CONSENT OF MUNICIPALITY REQUIRED. The
234	232		temporary directors may not hold an election under Section 7956.003
235	233		until each municipality in whose corporate limits or
236	234		extraterritorial jurisdiction the district is located has
237	235		consented by ordinance or resolution to the creation of the
238	236		district and to the inclusion of land in the district.
239	237		Sec. 7956.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
240	238		(a) The district is created to serve a public purpose and benefit.
241	239		(b) The district is created to accomplish the purposes of:
242	240		(1) a municipal utility district as provided by
243	241		general law and Section 59, Article XVI, Texas Constitution; and
244	242		(2) Section 52, Article III, Texas Constitution, that
245	243		relate to the construction, acquisition, improvement, operation,
246	244		or maintenance of macadamized, graveled, or paved roads, or
247	245		improvements, including storm drainage, in aid of those roads.
248	246		Sec. 7956.006. INITIAL DISTRICT TERRITORY. (a) The
249	247		district is initially composed of the territory described by
250	248		Section 2.02 of the Act enacting this chapter.
251	249		(b) The boundaries and field notes contained in Section 2.02
252	250		of the Act enacting this chapter form a closure. A mistake made in
253	251		the field notes or in copying the field notes in the legislative
254	252		process does not affect the district's:
255	253		(1) organization, existence, or validity;
256	254		(2) right to issue any type of bond for the purposes
257	255		for which the district is created or to pay the principal of and
258	256		interest on a bond;
259	257		(3) right to impose a tax; or
260	258		(4) legality or operation.
261	259		SUBCHAPTER B. BOARD OF DIRECTORS
262	260		Sec. 7956.051. GOVERNING BODY; TERMS. (a) The district is
263	261		governed by a board of five elected directors.
264	262		(b) Except as provided by Section 7956.052, directors serve
265	263		staggered four-year terms.
266	264		Sec. 7956.052. TEMPORARY DIRECTORS. (a) On or after
267	265		September 1, 2015, the owner or owners of a majority of the assessed
268	266		value of the real property in the district may submit a petition to
269	267		the commission requesting that the commission appoint as temporary
270	268		directors the five persons named in the petition. The commission
271	269		shall appoint as temporary directors the five persons named in the
272	270		petition.
273	271		(b) Temporary directors serve until the earlier of:
274	272		(1) the date permanent directors are elected under
275	273		Section 7956.003; or
276	274		(2) September 1, 2019.
277	275		(c) If permanent directors have not been elected under
278	276		Section 7956.003 and the terms of the temporary directors have
279	277		expired, successor temporary directors shall be appointed or
280	278		reappointed as provided by Subsection (d) to serve terms that
281	279		expire on the earlier of:
282	280		(1) the date permanent directors are elected under
283	281		Section 7956.003; or
284	282		(2) the fourth anniversary of the date of the
285	283		appointment or reappointment.
286	284		(d) If Subsection (c) applies, the owner or owners of a
287	285		majority of the assessed value of the real property in the district
288	286		may submit a petition to the commission requesting that the
289	287		commission appoint as successor temporary directors the five
290	288		persons named in the petition. The commission shall appoint as
291	289		successor temporary directors the five persons named in the
292	290		petition.
293	291		SUBCHAPTER C. POWERS AND DUTIES
294	292		Sec. 7956.101. GENERAL POWERS AND DUTIES. The district has
295	293		the powers and duties necessary to accomplish the purposes for
296	294		which the district is created.
297	295		Sec. 7956.102. MUNICIPAL UTILITY DISTRICT POWERS AND
298	296		DUTIES. The district has the powers and duties provided by the
299	297		general law of this state, including Chapters 49 and 54, Water Code,
300	298		applicable to municipal utility districts created under Section 59,
301	299		Article XVI, Texas Constitution.
302	300		Sec. 7956.103. AUTHORITY FOR ROAD PROJECTS. Under Section
303	301		52, Article III, Texas Constitution, the district may design,
304	302		acquire, construct, finance, issue bonds for, improve, operate,
305	303		maintain, and convey to this state, a county, or a municipality for
306	304		operation and maintenance macadamized, graveled, or paved roads, or
307	305		improvements, including storm drainage, in aid of those roads.
308	306		Sec. 7956.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
309	307		road project must meet all applicable construction standards,
310	308		zoning and subdivision requirements, and regulations of each
311	309		municipality in whose corporate limits or extraterritorial
312	310		jurisdiction the road project is located.
313	311		(b) If a road project is not located in the corporate limits
314	312		or extraterritorial jurisdiction of a municipality, the road
315	313		project must meet all applicable construction standards,
316	314		subdivision requirements, and regulations of each county in which
317	315		the road project is located.
318	316		(c) If the state will maintain and operate the road, the
319	317		Texas Transportation Commission must approve the plans and
320	318		specifications of the road project.
321	319		Sec. 7956.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
322	320		OR RESOLUTION. The district shall comply with all applicable
323	321		requirements of any ordinance or resolution that is adopted under
324	322		Section 54.016 or 54.0165, Water Code, and that consents to the
325	323		creation of the district or to the inclusion of land in the
326	324		district.
327	325		Sec. 7956.106. DIVISION OF DISTRICT. (a) The district may
328	326		be divided into two or more new districts only if the district:
329	327		(1) has no outstanding bonded debt; and
330	328		(2) is not imposing ad valorem taxes.
331	329		(b) This chapter applies to any new district created by the
332	330		division of the district, and a new district has all the powers and
333	331		duties of the district.
334	332		(c) Any new district created by the division of the district
335	333		may not, at the time the new district is created, contain any land
336	334		outside the extraterritorial jurisdiction of a city.
337	335		(d) The board, on its own motion or on receipt of a petition
338	336		signed by the owner or owners of a majority of the assessed value of
339	337		the real property in the district, may adopt an order dividing the
340	338		district.
341	339		(e) Subject to consent of a city described by Section
342	340		7956.004 and in accordance with Section 7956.105, the board may
343	341		adopt an order dividing the district before or after the date the
344	342		board holds an election under Section 7956.003 to confirm the
345	343		creation of the district and before or after an election under
346	344		Section 7956.151 to authorize the issuance of bonds.
347	345		(f) An order dividing the district must:
348	346		(1) name each new district;
349	347		(2) include the metes and bounds description of the
350	348		territory of each new district;
351	349		(3) appoint temporary directors for each new district;
352	350		and
353	351		(4) provide for the division of assets and liabilities
354	352		between or among the new districts.
355	353		(g) On or before the 30th day after the date of adoption of
356	354		an order dividing the district, the district shall file the order
357	355		with the commission and record the order in the real property
358	356		records of each county in which the district is located.
359	357		(h) Any new district created by the division of the district
360	358		shall hold a confirmation and directors' election as required by
361	359		Section 7956.003.
362	360		(i) Any new district created by the division of the district
363	361		must hold an election as required by this chapter to obtain voter
364	362		approval before the district may impose a maintenance tax or issue
365	363		bonds payable wholly or partly from ad valorem taxes.
366	364		(j) If the creation of the new district is confirmed, the
367	365		new district shall provide the election date and results to the
368	366		commission.
369	367		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
370	368		Sec. 7956.151. ELECTIONS REGARDING TAXES OR BONDS.
371	369		(a) The district may issue, without an election, bonds and other
372	370		obligations secured by:
373	371		(1) revenue other than ad valorem taxes; or
374	372		(2) contract payments described by Section 7956.153.
375	373		(b) The district must hold an election in the manner
376	374		provided by Chapters 49 and 54, Water Code, to obtain voter approval
377	375		before the district may impose an ad valorem tax or issue bonds
378	376		payable from ad valorem taxes.
379	377		(c) The district may not issue bonds payable from ad valorem
380	378		taxes to finance a road project unless the issuance is approved by a
381	379		vote of a two-thirds majority of the district voters voting at an
382	380		election held for that purpose.
383	381		Sec. 7956.152. OPERATION AND MAINTENANCE TAX. (a) If
384	382		authorized at an election held under Section 7956.151, the district
385	383		may impose an operation and maintenance tax on taxable property in
386	384		the district in accordance with Section 49.107, Water Code.
387	385		(b) The board shall determine the tax rate. The rate may not
388	386		exceed the rate approved at the election.
389	387		Sec. 7956.153. CONTRACT TAXES. (a) In accordance with
390	388		Section 49.108, Water Code, the district may impose a tax other than
391	389		an operation and maintenance tax and use the revenue derived from
392	390		the tax to make payments under a contract after the provisions of
393	391		the contract have been approved by a majority of the district voters
394	392		voting at an election held for that purpose.
395	393		(b) A contract approved by the district voters may contain a
396	394		provision stating that the contract may be modified or amended by
397	395		the board without further voter approval.
398	396		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
399	397		Sec. 7956.201. AUTHORITY TO ISSUE BONDS AND OTHER
400	398		OBLIGATIONS. The district may issue bonds or other obligations
401	399		payable wholly or partly from ad valorem taxes, impact fees,
402	400		revenue, contract payments, grants, or other district money, or any
403	401		combination of those sources, to pay for any authorized district
404	402		purpose.
405	403		Sec. 7956.202. TAXES FOR BONDS. At the time the district
406	404		issues bonds payable wholly or partly from ad valorem taxes, the
407	405		board shall provide for the annual imposition of a continuing
408	406		direct ad valorem tax, without limit as to rate or amount, while all
409	407		or part of the bonds are outstanding as required and in the manner
410	408		provided by Sections 54.601 and 54.602, Water Code.
411	409		Sec. 7956.203. BONDS FOR ROAD PROJECTS. At the time of
412	410		issuance, the total principal amount of bonds or other obligations
413	411		issued or incurred to finance road projects and payable from ad
414	412		valorem taxes may not exceed one-fourth of the assessed value of the
415	413		real property in the district.
416	414		ARTICLE 2. METES AND BOUNDS
417	415		SECTION 2.01. DOUBLE R MUNICIPAL UTILITY DISTRICT NO. 1 OF
418	416		HUNT COUNTY. The Double R Municipal Utility District No. 1 of Hunt
419	417		County initially includes all the territory contained in the
420	418		following area:
421	419		BEING a tract of land located in Hunt County, Texas, being partially
422	420		located in the Town of Josephine, a part of the John Noble Survey,
423	421		Abstract Number 1319, and being a part of that called Tract 1
424	422		described in a special warranty deed from Heritage Land Bank, FLCA
425	423		to Double R Land Company, LLC as recorded in Document Number
426	424		2011-312, Hunt County Deed Records, and being further described as
427	425		follows:
428	426		BEGINNING at the southeast corner of said Tract 1, said point being
429	427		in the center of Hunt County Road Number 2668 and in the center of
430	428		Hunt County Road Number 2667;
431	429		THENCE North 88 degrees 17 minutes 02 seconds West, 1339.79 feet
432	430		along the south line of said Tract 1 and along the center of Hunt
433	431		County Road Number 2667 to a point for corner in the center of
434	432		Collin County Road Number 1213;
435	433		THENCE North 00 degrees 41 minutes 18 seconds West, 3009.34 feet to
436	434		a point for corner in the north line of said Tract 1, said point
437	435		being in the center of Collin County Road Number 679 and in the
438	436		center of Hunt County Road Number 2668;
439	437		THENCE along the north line of said Tract 1 and along the center of
440	438		Hunt County Road Number 2668 as follows:
441	439		South 88 degrees 41 minutes 48 seconds East, 1195.71 feet to a
442	440		point for corner;
443	441		South 68 degrees 18 minutes 26 seconds East, 87.86 feet to a
444	442		point for corner;
445	443		South 52 degrees 07 minutes 25 seconds East, 86.36 feet to a
446	444		point for corner;
447	445		South 33 degrees 39 minutes 31 seconds East, 52.49 feet to a
448	446		point for corner;
449	447		South 19 degrees 35 minutes 28 seconds East, 58.08 feet to a
450	448		point for corner in the east line of said Tract 1;
451	449		THENCE South 00 degrees 22 minutes 19 seconds West, 2838.20 feet
452	450		along the center of Hunt County Road Number 2668 to the POINT OF
453	451		BEGINNING and containing 94.30 acres of land.
454	452		SECTION 2.02. DOUBLE R MUNICIPAL UTILITY DISTRICT NO. 2 OF
455	453		HUNT COUNTY. The Double R Municipal Utility District No. 2 of Hunt
456	454		County initially includes all the territory contained in the
457	455		following area:
458	456		BEING a tract of land located in Hunt County, Texas, a part of the
459	457		John Copeland Survey, Abstract Number 170, a part of the Fields
460	458		Prewitt Survey, Abstract Number 853, and being all of that called
461	459		Tract 2, Parcels 1, 2, 3, 4, 5B, 6, 7, and a part of that called
462	460		Tract 2, Parcel 8 described in a special warranty deed from Heritage
463	461		Land Bank, FLCA to Double R Land Company, LLC as recorded in
464	462		Document Number 2011-312, Hunt County Deed Records, and being
465	463		further described as follows:
466	464		BEGINNING at the southeast corner said Parcel 1, said point being in
467	465		the north right-of-way line of Farm-to-Market Road Number 6;
468	466		THENCE along the north right-of-way line of Farm-to-Market Road
469	467		Number 6 as follows:
470	468		South 89 degrees 34 minutes 51 seconds West, 510.50 feet to
471	469		the southwest corner of said Parcel 1 and at the southeast corner of
472	470		said Parcel 4;
473	471		South 89 degrees 43 minutes 23 seconds West, 2391.49 feet to a
474	472		point for corner in the center of a creek;
475	473		THENCE along the center of said creek as follows:
476	474		North 63 degrees 54 minutes 12 seconds West, 9.51 feet to a
477	475		point for corner;
478	476		North 42 degrees 22 minutes 42 seconds West, 83.62 feet to a
479	477		point for corner;
480	478		North 62 degrees 36 minutes 58 seconds West, 71.53 feet to a
481	479		point for corner;
482	480		North 60 degrees 40 minutes 53 seconds West, 47.16 feet to a
483	481		point for corner;
484	482		North 33 degrees 59 minutes 02 seconds West, 61.30 feet to a
485	483		point for corner;
486	484		North 43 degrees 32 minutes 39 seconds West, 68.57 feet to a
487	485		point for corner;
488	486		North 04 degrees 53 minutes 06 seconds West, 23.37 feet to a
489	487		point for corner;
490	488		North 32 degrees 07 minutes 04 seconds East, 17.43 feet to a
491	489		point for corner;
492	490		North 37 degrees 41 minutes 04 seconds East, 31.68 feet to a
493	491		point for corner;
494	492		North 08 degrees 03 minutes 52 seconds East, 16.87 feet to a
495	493		point for corner;
496	494		North 03 degrees 29 minutes 17 seconds West, 41.58 feet to a
497	495		point for corner;
498	496		North 40 degrees 02 minutes 33 seconds West, 44.60 feet to a
499	497		point for corner;
500	498		North 71 degrees 21 minutes 09 seconds West, 39.17 feet to a
501	499		point for corner;
502	500		North 25 degrees 09 minutes 26 seconds West, 131.72 feet to a
503	501		point for corner;
504	502		North 61 degrees 39 minutes 13 seconds West, 43.55 feet to a
505	503		point for corner;
506	504		North 35 degrees 08 minutes 25 seconds West, 50.04 feet to a
507	505		point for corner;
508	506		North 10 degrees 25 minutes 36 seconds East, 38.25 feet to a
509	507		point for corner;
510	508		South 83 degrees 30 minutes 06 seconds West, 44.46 feet to a
511	509		point for corner;
512	510		North 70 degrees 13 minutes 30 seconds West, 31.69 feet to a
513	511		point for corner;
514	512		North 67 degrees 45 minutes 19 seconds East, 9.71 to a point
515	513		for corner;
516	514		THENCE South 87 degrees 42 minutes 10 seconds West, 483.84 feet to a
517	515		point for corner in the west line of said Parcel 6;
518	516		THENCE North 00 degrees 34 minutes 51 seconds East, 994.18 feet to
519	517		the southeast corner of said Parcel 8;
520	518		THENCE North 89 degrees 25 minutes 09 seconds West, 1132.37 feet
521	519		along the south line of said Parcel 8 to a point for corner;
522	520		THENCE North 00 degrees 37 minutes 10 seconds East, 743.82 feet to a
523	521		point for corner in the north line of said Parcel 8;
524	522		THENCE South 89 degrees 25 minutes 09 seconds East, 1933.79 feet to
525	523		the southwest corner of said Parcel 5B;
526	524		THENCE along the west line of said Parcel 5B as follows:
527	525		North 00 degrees 03 minutes 51 seconds East, 982.00 feet to a
528	526		point for corner;
529	527		North 44 degrees 56 minutes 09 seconds West, 1667.40 feet to a
530	528		point for corner in the southeast line of the Northeast Texas Rural
531	529		Rail Transportation District tract of land as described in Volume
532	530		987, Page 38, Hunt County Deed Records;
533	531		THENCE North 55 degrees 33 minutes 56 seconds East, 3904.40 feet
534	532		along the southeast line of said Northeast Texas Rural Rail
535	533		Transportation District tract of land to the northeast corner of
536	534		said Parcel 3;
537	535		THENCE South 00 degrees 33 minutes 58 seconds West, 615.50 feet to a
538	536		point for corner;
539	537		THENCE North 89 degrees 30 minutes 28 seconds West, 584.34 feet to a
540	538		point for corner;
541	539		THENCE South 12 degrees 26 minutes 02 seconds East, 274.40 feet to a
542	540		point for corner;
543	541		THENCE South 18 degrees 36 minutes 02 seconds East, 1209.66 feet to
544	542		a point for corner;
545	543		THENCE North 89 degrees 23 minutes 16 seconds West, 245.65 feet to a
546	544		point for corner in the center of Brushy Creek;
547	545		THENCE along the center of said Brushy Creek as follows:
548	546		South 02 degrees 05 minutes 58 seconds West, 693.86 feet to a
549	547		point for corner;
550	548		South 09 degrees 38 minutes 45 seconds East, 371.38 feet to a
551	549		point for corner;
552	550		South 11 degrees 40 minutes 38 seconds East, 498.89 feet to a
553	551		point for corner;
554	552		South 04 degrees 28 minutes 57 seconds East, 821.11 feet to a
555	553		point for corner;
556	554		South 34 degrees 59 minutes 43 seconds East, 118.37 feet to a
557	555		point for corner;
558	556		South 86 degrees 59 minutes 43 seconds East, 83.02 feet to a
559	557		point for corner;
560	558		South 37 degrees 59 minutes 43 seconds East, 150.41 feet to a
561	559		point for corner;
562	560		South 31 degrees 59 minutes 43 seconds East, 253.94 feet to a
563	561		point for corner;
564	562		South 50 degrees 59 minutes 43 seconds East, 283.24 feet to a
565	563		point for corner;
566	564		South 43 degrees 59 minutes 43 seconds East, 110.36 feet to a
567	565		point for corner;
568	566		South 12 degrees 59 minutes 43 seconds East, 189.48 feet to a
569	567		point for corner;
570	568		South 25 degrees 59 minutes 43 seconds East, 115.25 feet to a
571	569		point for corner;
572	570		South 50 degrees 59 minutes 43 seconds East, 197.29 feet to a
573	571		point for corner;
574	572		South 13 degrees 59 minutes 43 seconds East, 121.11 feet to a
575	573		point for corner;
576	574		South 28 degrees 59 minutes 43 seconds East, 156.27 feet to a
577	575		point for corner;
578	576		South 43 degrees 59 minutes 43 seconds East, 108.41 feet to a
579	577		point for corner;
580	578		South 27 degrees 59 minutes 43 seconds East, 87.01 feet to a
581	579		point for corner;
582	580		THENCE North 55 degrees 24 minutes 36 seconds East, 63.82
583	581		feet to a point for corner in the east line of said Parcel 6;
584	582		THENCE South 00 degrees 34 minutes 51 seconds West, 290.40 feet to
585	583		the southeast corner of said Parcel 6, said point being the
586	584		northeast corner of said Parcel 1;
587	585		THENCE South 00 degrees 58 minutes 16 seconds West, 526.21 feet
588	586		along the east line of said Parcel 1 to the POINT OF BEGINNING and
589	587		containing 364.72 acres of land.
590	588		BEING a tract of land located in Hunt County, a part of the
591	589		Littleberry Harrison Survey, Abstract Number 433, and being a part
592	590		of that called Tract 4 described in a special warranty deed from
593	591		Heritage Land Bank, FLCA to Double R Land Company, LLC as recorded
594	592		in Document Number 2011-312, Hunt County Deed Records, and being
595	593		further described as follows:
596	594		BEGINNING at the northwest corner of Cole Estates, an addition to
597	595		Hunt County as recorded in Cabinet E, Page 166, Hunt County Plat
598	596		Records; said point being in the south right-of-way line of
599	597		Farm-to-Market Road Number 6;
600	598		THENCE South 01 degrees 09 minutes 07 seconds West, 1214.29 feet to
601	599		the southwest corner of said Cole Estates;
602	600		THENCE North 88 degrees 57 minutes 12 seconds West, 3833.55 feet to
603	601		a point in the east line of Bridle Trails Estates, Phase 1, an
604	602		addition to Hunt County as recorded in Cabinet F, Page 65, Hunt
605	603		County Plat Records;
606	604		THENCE North 01 degrees 21 minutes 45 seconds East, 937.15 feet
607	605		along the east line of said Bridle Trails Estates to a point in the
608	606		south line of Westbrook Estates, Phase 1, an addition to Hunt County
609	607		as recorded in Cabinet E, Page 194, Hunt County Plat Records;
610	608		THENCE along the south line of said Westbrook Estates, Phase 1 as
611	609		follows:
612	610		South 43 degrees 59 minutes 54 seconds East, 20.67 feet to a
613	611		point for corner;
614	612		South 67 degrees 01 minutes 30 seconds East, 510.72 feet to a
615	613		point for corner;
616	614		North 88 degrees 53 minutes 34 seconds East, 305.91 feet to a
617	615		point for corner;
618	616		North 76 degrees 59 minutes 15 seconds East, 380.57 feet to a
619	617		point for corner;
620	618		North 46 degrees 40 minutes 28 seconds East, 439.65 feet to a
621	619		point for corner;
622	620		North, 95.63 feet to the northeast corner of said Westbrook
623	621		Estates, Phase 1, said point being in the south right-of-way line
624	622		Farm-to-Market Road Number 6;
625	623		THENCE along the south right-of-way line of Farm-to-Market Road
626	624		Number 6 as follows:
627	625		South 89 degrees 01 minutes 48 seconds East, 1505.52 feet to a
628	626		point for corner;
629	627		South 74 degrees 42 minutes 50 seconds East, 100.00 feet to a
630	628		point for corner;
631	629		South 88 degrees 48 minutes 18 seconds East, 752.38 feet to
632	630		the POINT OF BEGINNING and containing 94.87 acres of land.
633	631		BEING a tract of land located in Hunt County, a part of the
634	632		Nathaniel A. Piper Survey, Abstract Number 849, and being a part of
635	633		that called Tract 3 described in a special warranty deed from
636	634		Heritage Land Bank, FLCA to Double R Land Company, LLC as recorded
637	635		in Document Number 2011-312, Hunt County Deed Records, and being
638	636		all of that called Tract 2 described in a warranty deed from W. H.
639	637		Myre and W. D. Myre to Double R Land Company, LLC as recorded in
640	638		Document Number 2011-2390, Hunt County Deed Records, and being
641	639		further described as follows:
642	640		BEGINNING at the southeast corner of said Tract 3, said point being
643	641		the centerline intersection of Hunt County Road Number 2708 and
644	642		Hunt County Road Number 2716;
645	643		THENCE North 89 degrees 37 minutes 07 seconds West, 1102.91 feet
646	644		partially along the center of Hunt County Road Number 2708 to the
647	645		southwest corner of said Tract 3;
648	646		THENCE North, 55.56 feet along the west line of said Tract 3 to the
649	647		southeast corner of said Tract 2;
650	648		THENCE North 89 degrees 57 minutes 50 seconds West, 1083.44 feet to
651	649		the southwest corner of said Tract 2, said point being in the
652	650		southeast line of the Northeast Texas Rural Rail Transportation
653	651		District tract of land as described in Volume 987, Page 38, Hunt
654	652		County Deed Records;
655	653		THENCE North 55 degrees 33 minutes 56 seconds East, 2650.81 feet
656	654		along the southeast line of said Northeast Texas Rural Rail
657	655		Transportation District tract of land to a point for corner in the
658	656		east line of said Tract 3, said point being in the center of Hunt
659	657		County Road Number 2716;
660	658		THENCE South, 1562.53 feet along the east line of said Tract 3 and
661	659		along the center of Hunt County Road Number 2716 to the POINT OF
662	660		BEGINNING and containing 39.14 acres of land.
663	661		BEING a tract of land located in Hunt County, Texas, a part of the
664	662		Francis M. Copeland Survey, Abstract Number Abstract Number 170, a
665	663		part of the Fields Prewitt Survey, Abstract Number 853, a part of
666	664		the Nathaniel A. Piper Survey, Abstract Number 894, a part of the
667	665		Thomas C. Crabtree Survey, Abstract Number 1321, and being a part of
668	666		that called Tract 3 described in a special warranty deed from
669	667		Heritage Land Bank, FLCA to Double R Land Company, LLC as recorded
670	668		in Document Number 2011-312, Hunt County Deed Records, and being
671	669		all of that called Tract 1 described in a warranty deed from W. H.
672	670		Myre and W. D. Myre to Double R Land Company, LLC as recorded in
673	671		Document Number 2011-2390, Hunt County Deed Records, and being all
674	672		of a called 93 acre tract of land and all of a called 25 acre tract
675	673		of land and all of a called 15.6 acre tract of land described in a
676	674		warranty deed from Jon Lyndon Hess, Gilbert Robinson Hess IV and
677	675		Linda Jane Hess to Double R Land Company, LLC as recorded in
678	676		Document Number 2011-2540, Hunt County Deed Records, and being
679	677		further described as follows:
680	678		BEGINNING at the southwest corner of said 15.6 acre tract of land,
681	679		said point being in the northwest line of the Northeast Texas Rural
682	680		Rail Transportation District tract of land as described in Volume
683	681		987, Page 38, Hunt County Deed Records;
684	682		THENCE North 00 degrees 20 minutes 00 seconds West, 1090.06 feet to
685	683		the northwest corner of said 15.6 acre tract of land;
686	684		THENCE South 89 degrees 35 minutes 00 seconds East, 896.92 feet to
687	685		the northeast corner of said 15.6 acre tract of land;
688	686		THENCE North, 2446.57 feet to the northwest corner of said 25 acre
689	687		tract of land;
690	688		THENCE East, 2540.12 feet to the northeast corner of said 25 acre
691	689		tract of land;
692	690		THENCE North 00 degrees 56 minutes 00 seconds East, 485.89 feet to
693	691		the northwest corner of said Tract 1;
694	692		THENCE North, 1068.70 feet to the northwest corner of said Tract 3;
695	693		THENCE South 89 degrees 16 minutes 00 seconds East, 2652.00 feet to
696	694		the northeast corner of said Tract 3, said point being in the center
697	695		of Hunt County Road Number 2716;
698	696		THENCE South, 874.93 feet along the east line of said Tract 3 and
699	697		along the center of Hunt County Road Number 2716 to a point for
700	698		corner in the northwest line of said Northeast Texas Rural Rail
701	699		Transportation District tract of land;
702	700		THENCE South 55 degrees 33 minutes 56 seconds West, 2865.03 along
703	701		the northwest line of said Northeast Texas Rural Rail
704	702		Transportation District tract of land to a point for corner in the
705	703		south line of said Tract 1;
706	704		THENCE North 89 degrees 57 minutes 50 seconds West, 312.12 feet to
707	705		the southwest corner of said Tract 1, said point being in the east
708	706		line of said 93 acre tract of land;
709	707		THENCE South, 214.38 feet to the southeast corner of said 93 acre
710	708		tract of land, said point being in the northwest line of said
711	709		Northeast Texas Rural Rail Transportation District tract of land;
712	710		THENCE South 55 degrees 33 minutes 56 seconds West, 4140.83 feet
713	711		along the northwest line of said Northeast Texas Rural Rail
714	712		Transportation District tract of land to the POINT OF BEGINNING and
715	713		containing 244.65 acres of land.
716	714		ARTICLE 3. LEGAL NOTICE, EMINENT DOMAIN, AND EFFECTIVE DATE
717	715		SECTION 3.01. (a) The legal notice of the intention to
718	716		introduce this Act, setting forth the general substance of this
719	717		Act, has been published as provided by law, and the notice and a
720	718		copy of this Act have been furnished to all persons, agencies,
721	719		officials, or entities to which they are required to be furnished
722	720		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
723	721		Government Code.
724	722		(b) The governor, one of the required recipients, has
725	723		submitted the notice and Act to the Texas Commission on
726	724		Environmental Quality.
727	725		(c) The Texas Commission on Environmental Quality has filed
728	726		its recommendations relating to this Act with the governor, the
729	727		lieutenant governor, and the speaker of the house of
730	728		representatives within the required time.
731	729		(d) All requirements of the constitution and laws of this
732	730		state and the rules and procedures of the legislature with respect
733	731		to the notice, introduction, and passage of this Act are fulfilled
734	732		and accomplished.
735	733		SECTION 3.02. (a) If this Act does not receive a
736	734		two-thirds vote of all the members elected to each house,
737	735		Subchapter C, Chapter 7955, Special District Local Laws Code, as
738	736		added by Section 1.01 of this Act, is amended by adding Section
739	737		7955.107 to read as follows:
740	738		Sec. 7955.107. NO EMINENT DOMAIN POWER. The district may
741	739		not exercise the power of eminent domain.
742	740		(b) This section is not intended to be an expression of a
743	741		legislative interpretation of the requirements of Section 17(c),
744	742		Article I, Texas Constitution.
745	743		SECTION 3.03. (a) If this Act does not receive a
746	744		two-thirds vote of all the members elected to each house,
747	745		Subchapter C, Chapter 7956, Special District Local Laws Code, as
748	746		added by Section 1.02 of this Act, is amended by adding Section
749	747		7956.107 to read as follows:
750	748		Sec. 7956.107. NO EMINENT DOMAIN POWER. The district may
751	749		not exercise the power of eminent domain.
752	750		(b) This section is not intended to be an expression of a
753	751		legislative interpretation of the requirements of Section 17(c),
754	752		Article I, Texas Constitution.
755	753		SECTION 3.04. This Act takes effect September 1, 2015.
	754	+	______________________________ ______________________________
	755	+	President of the Senate Speaker of the House
	756	+	I hereby certify that S.B. No. 2057 passed the Senate on
	757	+	May 12, 2015, by the following vote: Yeas 29, Nays 1.
	758	+	______________________________
	759	+	Secretary of the Senate
	760	+	I hereby certify that S.B. No. 2057 passed the House on
	761	+	May 27, 2015, by the following vote: Yeas 144, Nays 0, two
	762	+	present not voting.
	763	+	______________________________
	764	+	Chief Clerk of the House
	765	+	Approved:
	766	+	______________________________
	767	+	Date
	768	+	______________________________
	769	+	Governor