Texas 2017 - 85th Regular

Texas Senate Bill SB2244 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2244
	1	+	85R31771 SMT-F
	2	+	By: West S.B. No. 2244
	3	+	(Giddings)
	4	+	Substitute the following for S.B. No. 2244: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the creation of the University Hills Municipal
6	10		Management District; providing authority to issue bonds; providing
7	11		authority to impose assessments or fees.
8	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	13		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	14		Code, is amended by adding Chapter 3947 to read as follows:
11	15		CHAPTER 3947. UNIVERSITY HILLS MUNICIPAL MANAGEMENT DISTRICT
12	16		SUBCHAPTER A. GENERAL PROVISIONS
13	17		Sec. 3947.001. DEFINITIONS. In this chapter:
14	18		(1) "Board" means the district's board of directors.
15	19		(2) "City" means the City of Dallas, Texas.
16	20		(3) "Commission" means the Texas Commission on
17	21		Environmental Quality.
18	22		(4) "County" means Dallas County, Texas.
19	23		(5) "Director" means a board member.
20	24		(6) "District" means the University Hills Municipal
21	25		Management District.
22	26		Sec. 3947.002. CREATION AND NATURE OF DISTRICT. The
23	27		University Hills Municipal Management District is a special
24	28		district created under Sections 52 and 52-a, Article III, and
25	29		Section 59, Article XVI, Texas Constitution.
26	30		Sec. 3947.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
27	31		creation of the district is essential to accomplish the purposes of
28	32		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
29	33		Texas Constitution, and other public purposes stated in this
30	34		chapter. By creating the district and in authorizing the city and
31	35		other political subdivisions to contract with the district, the
32	36		legislature has established a program to accomplish the public
33	37		purposes set out in Section 52-a, Article III, Texas Constitution.
34	38		(b) The creation of the district is necessary to promote,
35	39		develop, encourage, and maintain employment, commerce,
36	40		transportation, housing, tourism, recreation, the arts,
37	41		entertainment, economic development, safety, and the public
38	42		welfare in the district.
39	43		Sec. 3947.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
40	44		(a) The district is created to serve a public use and benefit.
41	45		(b) All land and other property included in the district
42	46		will benefit from the improvements and services to be provided by
43	47		the district under powers conferred by Sections 52 and 52-a,
44	48		Article III, and Section 59, Article XVI, Texas Constitution, and
45	49		other powers granted under this chapter.
46	50		(c) The district is created to accomplish the purposes of a
47	51		municipal management district as provided by general law and
48	52		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
49	53		Texas Constitution.
50	54		(d) The creation of the district is in the public interest
51	55		and is essential to:
52	56		(1) further the public purposes of developing and
53	57		diversifying the economy of the state;
54	58		(2) eliminate unemployment and underemployment; and
55	59		(3) develop or expand transportation and commerce.
56	60		(e) The district will:
57	61		(1) promote the health, safety, and general welfare of
58	62		residents, employers, potential employees, employees, visitors,
59	63		and consumers in the district, and of the public;
60	64		(2) provide needed funding for the district to
61	65		preserve, maintain, and enhance the economic health and vitality of
62	66		the district territory as a community and business center; and
63	67		(3) promote the health, safety, welfare, and enjoyment
64	68		of the public by providing pedestrian ways and by landscaping and
65	69		developing certain areas in the district, which are necessary for
66	70		the restoration, preservation, and enhancement of scenic beauty.
67	71		(f) Pedestrian ways along or across a street, whether at
68	72		grade or above or below the surface, and street lighting, street
69	73		landscaping, parking, and street art objects are parts of and
70	74		necessary components of a street and are considered to be a street
71	75		or road improvement.
72	76		Sec. 3947.005. INITIAL DISTRICT TERRITORY. (a) The
73	77		district is initially composed of the territory described by
74	78		Section 2 of the Act enacting this chapter.
75	79		(b) The boundaries and field notes contained in Section 2 of
76	80		the Act enacting this chapter form a closure. A mistake in the
77	81		field notes or in copying the field notes in the legislative process
78	82		does not affect the district's:
79	83		(1) organization, existence, or validity;
80	84		(2) right to contract;
81	85		(3) authority to borrow money or issue bonds or other
82	86		obligations described by Section 3947.203 or to pay the principal
83	87		and interest of the bonds or other obligations;
84	88		(4) right to impose or collect an assessment or
85	89		collect other revenue; or
86	90		(5) legality or operation.
87	91		Sec. 3947.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
88	92		(a) All or any part of the area of the district is eligible to be
89	93		included in:
90	94		(1) a tax increment reinvestment zone created under
91	95		Chapter 311, Tax Code;
92	96		(2) a tax abatement reinvestment zone created under
93	97		Chapter 312, Tax Code; or
94	98		(3) an enterprise zone created under Chapter 2303,
95	99		Government Code.
96	100		(b) If the city creates a tax increment reinvestment zone
97	101		described by Subsection (a), the city and the board of directors of
98	102		the zone, by contract with the district, may grant money deposited
99	103		in the tax increment fund to the district to be used by the district
100	104		for:
101	105		(1) the purposes permitted for money granted to a
102	106		corporation under Section 380.002(b), Local Government Code; and
103	107		(2) any other district purpose, including the right to
104	108		pledge the money as security for any bonds or other obligations
105	109		issued by the district under Section 3947.203.
106	110		(c) If the city creates a tax increment reinvestment zone
107	111		described by Subsection (a), the city may determine the percentage
108	112		of the property in the zone that may be used for residential
109	113		purposes and is not subject to the limitations provided by Section
110	114		311.006, Tax Code.
111	115		Sec. 3947.007. CONFIRMATION AND DIRECTORS' ELECTION
112	116		REQUIRED. On receipt of a petition signed by the owners of a
113	117		majority of the acreage and the assessed value of real property in
114	118		the district according to the most recent certified tax appraisal
115	119		roll for the county, the initial directors shall hold an election to
116	120		confirm the creation of the district and to elect five permanent
117	121		directors as provided by Section 49.102, Water Code.
118	122		Sec. 3947.008. APPLICABILITY OF MUNICIPAL MANAGEMENT
119	123		DISTRICT LAW. Except as provided by this chapter, Chapter 375,
120	124		Local Government Code, applies to the district.
121	125		Sec. 3947.009. CONSTRUCTION OF CHAPTER. This chapter shall
122	126		be construed in conformity with the findings and purposes stated in
123	127		this chapter.
124	128		Sec. 3947.010. CONSENT OF MUNICIPALITY REQUIRED. The
125	129		temporary directors may not hold an election under Section 3947.007
126	130		until each municipality in whose corporate limits or
127	131		extraterritorial jurisdiction the district is located has
128	132		consented by ordinance or resolution to the creation of the
129	133		district and to the inclusion of land in the district.
130	134		Sec. 3947.011. CONCURRENCE ON ADDITIONAL POWERS. If the
131	135		legislature grants the district a power that is in addition to the
132	136		powers approved by the initial resolution of the governing body of
133	137		the city consenting to the creation of the district, the district
134	138		may not exercise that power unless the governing body of the city
135	139		consents to that change by ordinance or resolution.
136	140		SUBCHAPTER B. BOARD OF DIRECTORS
137	141		Sec. 3947.051. GOVERNING BODY; TERMS. (a) The district is
138	142		governed by a board of five elected directors.
139	143		(b) Except as provided by Section 3947.054, directors serve
140	144		staggered four-year terms, with two or three directors' terms
141	145		expiring June 1 of each odd-numbered year.
142	146		Sec. 3947.052. BOARD MEETINGS. The board shall hold
143	147		meetings at a place accessible to the public.
144	148		Sec. 3947.053. REMOVAL OF DIRECTORS. (a) The board may
145	149		remove a director by unanimous vote of the other directors if the
146	150		director has missed at least half of the meetings scheduled during
147	151		the preceding 12 months.
148	152		(b) A director removed under this section may file a written
149	153		appeal with the commission not later than the 30th day after the
150	154		date the director receives written notice of the board action. The
151	155		commission may reinstate the director if the commission finds that
152	156		the removal was unwarranted under the circumstances after
153	157		considering the reasons for the absences, the time and place of the
154	158		meetings, the business conducted at the meetings missed, and any
155	159		other relevant circumstances.
156	160		Sec. 3947.054. INITIAL DIRECTORS. (a) The initial board
157	161		consists of:
158	162		Pos. No. Name of Director
159	163		1 Kenneth Medlock
160	164		2 Michael Williams
161	165		3 Susan Larson
162	166		4 Alan Michlin
163	167		5 Michael Warner
164	168		(b) Initial directors serve until the earlier of:
165	169		(1) the date permanent directors are elected under
166	170		Section 3947.007; or
167	171		(2) the fourth anniversary of the effective date of
168	172		the Act enacting this chapter.
169	173		(c) If permanent directors have not been elected under
170	174		Section 3947.007 and the terms of the initial directors have
171	175		expired, successor initial directors shall be appointed or
172	176		reappointed as provided by Subsection (d) to serve terms that
173	177		expire on the earlier of:
174	178		(1) the date permanent directors are elected under
175	179		Section 3947.007; or
176	180		(2) the fourth anniversary of the date of the
177	181		appointment or reappointment.
178	182		(d) If Subsection (c) applies, the owner or owners of a
179	183		majority of the assessed value of the real property in the district
180	184		according to the most recent certified tax appraisal rolls for the
181	185		county may submit a petition to the commission requesting that the
182	186		commission appoint as successor initial directors the five persons
183	187		named in the petition. The commission shall appoint as successor
184	188		initial directors the five persons named in the petition.
185	189		SUBCHAPTER C. POWERS AND DUTIES
186	190		Sec. 3947.101. GENERAL POWERS AND DUTIES. The district has
187	191		the powers and duties necessary to accomplish the purposes for
188	192		which the district is created.
189	193		Sec. 3947.102. IMPROVEMENT PROJECTS. The district may
190	194		provide, or it may enter into contracts with a governmental or
191	195		private entity to provide, the improvement projects described by
192	196		Subchapter D or activities in support of or incidental to those
193	197		projects.
194	198		Sec. 3947.103. WATER DISTRICT POWERS. The district has the
195	199		powers provided by the general laws relating to conservation and
196	200		reclamation districts created under Section 59, Article XVI, Texas
197	201		Constitution, including Chapters 49 and 54, Water Code.
198	202		Sec. 3947.104. AUTHORITY FOR ROAD PROJECTS. Under Section
199	203		52, Article III, Texas Constitution, the district may design,
200	204		acquire, construct, finance, issue bonds for, improve, operate,
201	205		maintain, and convey to this state, a county, or a municipality for
202	206		operation and maintenance macadamized, graveled, or paved roads or
203	207		improvements, including storm drainage, in aid of those roads.
204	208		Sec. 3947.105. ROAD STANDARDS AND REQUIREMENTS. (a) A
205	209		road project must meet all applicable construction standards,
206	210		zoning and subdivision requirements, and regulations of each
207	211		municipality in whose corporate limits or extraterritorial
208	212		jurisdiction the road project is located.
209	213		(b) If a road project is not located in the corporate limits
210	214		or extraterritorial jurisdiction of a municipality, the road
211	215		project must meet all applicable construction standards,
212	216		subdivision requirements, and regulations of each county in which
213	217		the road project is located.
214	218		(c) If the state will maintain and operate the road, the
215	219		Texas Transportation Commission must approve the plans and
216	220		specifications of the road project.
217	221		Sec. 3947.106. NO TOLL ROADS. The district may not
218	222		construct, acquire, maintain, or operate a toll road.
219	223		Sec. 3947.107. PUBLIC IMPROVEMENT DISTRICT POWERS. The
220	224		district has the powers provided by Chapter 372, Local Government
221	225		Code, to a municipality or county.
222	226		Sec. 3947.108. CONTRACT POWERS. The district may contract
223	227		with a governmental or private entity, on terms determined by the
224	228		board, to carry out a power or duty authorized by this chapter or to
225	229		accomplish a purpose for which the district is created.
226	230		Sec. 3947.109. AD VALOREM TAXATION. The district may not
227	231		impose an ad valorem tax.
228	232		Sec. 3947.110. LIMITATIONS ON EMERGENCY SERVICES POWERS.
229	233		The district may not establish, operate, maintain, or finance a
230	234		police or fire department without the consent of the city by
231	235		ordinance or resolution.
232	236		Sec. 3947.111. ADDING OR REMOVING TERRITORY. As provided
233	237		by Subchapter J, Chapter 49, Water Code, the board may add territory
234	238		inside the corporate boundaries or the extraterritorial
235	239		jurisdiction of the city to the district or remove territory inside
236	240		the corporate boundaries or the extraterritorial jurisdiction of
237	241		the city from the district, except that:
238	242		(1) the addition or removal of the territory must be
239	243		approved by the city;
240	244		(2) the addition or removal may not occur without
241	245		petition by the owners of the territory being added or removed; and
242	246		(3) territory may not be removed from the district if
243	247		bonds or other obligations of the district payable wholly or partly
244	248		from assessments assessed on the territory are outstanding.
245	249		Sec. 3947.112. DIVISION OF DISTRICT. (a) The district may
246	250		be divided into two or more new districts only if the district:
247	251		(1) has no outstanding bonded debt; and
248	252		(2) is not imposing ad valorem taxes.
249	253		(b) This chapter applies to any new district created by the
250	254		division of the district, and a new district has all the powers and
251	255		duties of the district.
252	256		(c) Any new district created by the division of the district
253	257		may not, at the time the new district is created, contain any land
254	258		outside the area described by Section 2 of the Act enacting this
255	259		chapter.
256	260		(d) The board, on its own motion or on receipt of a petition
257	261		signed by the owner or owners of a majority of the assessed value of
258	262		the real property in the district, may adopt an order dividing the
259	263		district.
260	264		(e) The board may adopt an order dividing the district
261	265		before or after the date the board holds an election under Section
262	266		3947.007 to confirm the creation of the district.
263	267		(f) An order dividing the district must:
264	268		(1) name each new district;
265	269		(2) include the metes and bounds description of the
266	270		territory of each new district;
267	271		(3) appoint initial directors for each new district;
268	272		and
269	273		(4) provide for the division of assets and liabilities
270	274		between or among the new districts.
271	275		(g) On or before the 30th day after the date of adoption of
272	276		an order dividing the district, the district shall file the order
273	277		with the commission and record the order in the real property
274	278		records of each county in which the district is located.
275	279		(h) Any new district created by the division of the district
276	280		shall hold a confirmation and directors' election as required by
277	281		Section 3947.007.
278	282		(i) Municipal consent to the creation of the district and to
279	283		the inclusion of land in the district granted under Section
280	284		3947.010 acts as municipal consent to the creation of any new
281	285		district created by the division of the district and to the
282	286		inclusion of land in the new district.
283	287		(j) Any new district created by the division of the district
284	288		must hold an election as required by this chapter to obtain voter
285	289		approval before the district may impose a maintenance tax or issue
286	290		bonds payable wholly or partly from ad valorem taxes.
287	291		(k) If the creation of the new district is confirmed, the
288	292		new district shall provide the election date and results to the
289	293		commission.
290	294		Sec. 3947.113. ENFORCEMENT OF REAL PROPERTY RESTRICTIONS.
291	295		The district may enforce a real property restriction in the manner
292	296		provided by Section 54.237, Water Code, if, in the reasonable
293	297		judgment of the board, the enforcement of the restriction is
294	298		necessary.
295	299		Sec. 3947.114. PROPERTY OF CERTAIN UTILITIES EXEMPT FROM
296	300		ASSESSMENTS AND FEES. The district may not impose an assessment,
297	301		impact fee, or standby fee on the property, including the
298	302		equipment, rights-of-way, easements, facilities, or improvements,
299	303		of:
300	304		(1) an electric utility or a power generation company
301	305		as defined by Section 31.002, Utilities Code;
302	306		(2) a gas utility, as defined by Section 101.003 or
303	307		121.001, Utilities Code, or a person who owns pipelines used for the
304	308		transportation or sale of oil or gas or a product or constituent of
305	309		oil or gas;
306	310		(3) a person who owns pipelines used for the
307	311		transportation or sale of carbon dioxide;
308	312		(4) a telecommunications provider as defined by
309	313		Section 51.002, Utilities Code; or
310	314		(5) a cable service provider or video service provider
311	315		as defined by Section 66.002, Utilities Code.
312	316		Sec. 3947.115. NO EMINENT DOMAIN POWER. The district may
313	317		not exercise the power of eminent domain.
314	318		SUBCHAPTER D. IMPROVEMENT PROJECTS AND SERVICES
315	319		Sec. 3947.151. IMPROVEMENT PROJECTS AND SERVICES. The
316	320		district may provide, design, construct, acquire, improve,
317	321		relocate, operate, maintain, or finance an improvement project or
318	322		service, including water, wastewater, drainage, and roadway
319	323		projects or services, using any money available to the district, or
320	324		contract with a governmental or private entity and reimburse that
321	325		entity for the provision, design, construction, acquisition,
322	326		improvement, relocation, operation, maintenance, or financing of
323	327		an improvement project, service, or cost, for the provision of
324	328		credit enhancement, or for any cost of operating or maintaining the
325	329		district or the issuance of district obligations authorized under
326	330		this chapter, Chapter 372 or 375, Local Government Code, or Chapter
327	331		49 or 54, Water Code.
328	332		Sec. 3947.152. BOARD DETERMINATION REQUIRED. The district
329	333		may not undertake an improvement project unless the board
330	334		determines the project is necessary to accomplish a public purpose
331	335		of the district.
332	336		Sec. 3947.153. LOCATION OF IMPROVEMENT PROJECT. An
333	337		improvement project may be located or provide service inside or
334	338		outside the district.
335	339		Sec. 3947.154. CITY REQUIREMENTS. An improvement project
336	340		in the district must comply with any applicable requirements of the
337	341		city, including codes and ordinances, unless specifically waived or
338	342		superseded by agreement with the city.
339	343		Sec. 3947.155. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE
340	344		AREA; BENEFIT BASIS. The district may undertake an improvement
341	345		project or service that confers a special benefit on a definable
342	346		area in the district and levy and collect a special assessment on
343	347		benefited property in the district in accordance with:
344	348		(1) Chapter 372, Local Government Code; or
345	349		(2) Chapter 375, Local Government Code.
346	350		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
347	351		Sec. 3947.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
348	352		board by resolution shall establish the number of directors'
349	353		signatures and the procedure required for a disbursement or
350	354		transfer of the district's money.
351	355		Sec. 3947.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
352	356		The district may undertake and provide an improvement project or
353	357		service authorized by this chapter using any money available to the
354	358		district.
355	359		Sec. 3947.203. BORROWING MONEY; OBLIGATIONS. (a) The
356	360		district may borrow money for a district purpose, including the
357	361		acquisition or construction of improvement projects authorized by
358	362		this chapter and the reimbursement of a person who develops or owns
359	363		an improvement project authorized by this chapter, by issuing
360	364		bonds, notes, time warrants, or other obligations, or by entering
361	365		into a contract or other agreement payable wholly or partly from an
362	366		assessment, a contract payment, a grant, revenue from a zone
363	367		created under Chapter 311 or 312, Tax Code, other district revenue,
364	368		or a combination of these sources.
365	369		(b) An obligation described by Subsection (a):
366	370		(1) may bear interest at a rate determined by the
367	371		board; and
368	372		(2) may include a term or condition as determined by
369	373		the board.
370	374		(c) The board may issue an obligation under this section
371	375		without an election.
372	376		(d) The district may issue, by public or private sale,
373	377		bonds, notes, or other obligations payable wholly or partly from
374	378		assessments in the manner provided by Subchapter J, Chapter 375,
375	379		Local Government Code.
376	380		(e) If the improvements financed by an obligation will be
377	381		conveyed to or operated and maintained by a municipality or retail
378	382		utility provider pursuant to an agreement between the district and
379	383		the municipality or retail utility provider entered into before the
380	384		issuance of the obligation, the obligation may be issued in the
381	385		manner provided by Subchapter A, Chapter 372, Local Government
382	386		Code.
383	387		Sec. 3947.204. ASSESSMENTS. (a) Except as provided by
384	388		Subsections (b) and (c), the district may impose an assessment on
385	389		property in the district to pay for an obligation described by
386	390		Section 3947.203 or an improvement project authorized by Section
387	391		3947.151 in the manner provided for:
388	392		(1) a district under Subchapters A, E, and F, Chapter
389	393		375, Local Government Code; or
390	394		(2) a municipality or county under Subchapter A,
391	395		Chapter 372, Local Government Code.
392	396		(b) The district may not impose an assessment on a
393	397		municipality, county, or other political subdivision.
394	398		(c) The board may not finance an improvement project or
395	399		service with assessments unless a written petition requesting that
396	400		improvement project or service has been filed with the board. The
397	401		petition must be signed by the owners of a majority of the assessed
398	402		value of real property in the district subject to assessment
399	403		according to the most recent certified tax appraisal roll for the
400	404		county.
401	405		Sec. 3947.205. RESIDENTIAL PROPERTY NOT EXEMPT. Sections
402	406		375.161 and 375.164, Local Government Code, do not apply to the
403	407		district.
404	408		Sec. 3947.206. COLLECTION OF ASSESSMENTS. The district may
405	409		contract as provided by Chapter 791, Government Code, with the
406	410		commissioners court of the county for the assessment and collection
407	411		of assessments imposed under this subchapter.
408	412		Sec. 3947.207. RATES, FEES, AND CHARGES. The district may
409	413		establish, revise, repeal, enforce, and collect rates, fees, and
410	414		charges for the enjoyment, sale, rental, or other use of:
411	415		(1) an improvement project;
412	416		(2) a product resulting from an improvement project;
413	417		or
414	418		(3) another district facility, service, or property.
415	419		SUBCHAPTER F. DISSOLUTION
416	420		Sec. 3947.251. DISSOLUTION BY BOARD. The board may
417	421		dissolve the district in the manner provided by Section 375.261,
418	422		Local Government Code, subject to Section 375.264, Local Government
419	423		Code.
420	424		Sec. 3947.252. DISSOLUTION BY CITY. (a) The city may
421	425		dissolve the district by ordinance.
422	426		(b) The city may not dissolve the district until:
423	427		(1) the district's outstanding debt or contractual
424	428		obligations have been repaid or discharged; or
425	429		(2) the city agrees to succeed to the rights and
426	430		obligations of the district, including an obligation described by
427	431		Section 3947.254.
428	432		Sec. 3947.253. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
429	433		(a) If the dissolved district has bonds or other obligations
430	434		outstanding secured by and payable from assessments or other
431	435		revenue, the city succeeds to the rights and obligations of the
432	436		district regarding enforcement and collection of the assessments or
433	437		other revenue.
434	438		(b) The city shall have and exercise all district powers to
435	439		enforce and collect the assessments or other revenue to pay:
436	440		(1) the bonds or other obligations when due and
437	441		payable according to their terms; or
438	442		(2) revenue or assessment bonds or other obligations
439	443		issued by the city to refund the outstanding bonds or obligations of
440	444		the district.
441		-	Sec. 3947.254. ASSUMPTION OF ASSETS AND LIABILITIES.
442		-	~~(a)~~ After the city dissolves the district, the city assumes the
	445	+	Sec. 3947.254. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
	446	+	After the city dissolves the district, the city assumes the
443	447		obligations of the district, including any contractual obligations
444	448		or bonds or other debt payable from assessments or other district
445	449		revenue.
446	450		(b) If the city dissolves the district, the board shall
447	451		transfer ownership of all district property to the city.
	452	+	Sec. 3947.255. NO DISSOLUTION BY PETITION. Section
	453	+	375.262, Local Government Code, does not apply to the district.
448	454		SECTION 2. The University Hills Municipal Management
449	455		District initially includes all the territory contained in the
450	456		following area:
451	457		BEING a 281.112-acres tract or parcel of land out of Abstract
452	458		Number 1277, Abstract Number 0014 and Abstract Number 0380 situated
453	459		in the City of Dallas, Dallas County, Texas; and being part of that
454	460		tract of land conveyed to Patriot Real Estate Holdings RS10 by Deed
455	461		recorded in Instrument Number 201200385008, Deed Records, Dallas
456	462		County Texas, and being part of that tract of land conveyed to CADG
457	463		Property Holdings I, LLC by deed recorded in Instrument Number
458	464		201600055916, Deed Records, Dallas County, Texas, and being part of
459	465		that tract of land conveyed to CADG Property Holdings I, LLC by deed
460	466		recorded in Instrument Number 201500029116, Deed Records, Dallas
461	467		County, and being part of that tract of land conveyed to CADG
462	468		Property Holdings SPV, LLC by deed recorded in Instrument Number
463	469		201400314231, Deed Recorded, Dallas County, Texas, and being part
464	470		of that tract of land conveyed to St. Marks Believers Temple by deed
465	471		recorded in Volume 81014, Page 976, Deed Records, Dallas County,
466	472		Texas; and being more particularly described as follows:
467	473		COMMENCING at the northeast corner of a tract of land
468	474		conveyed to Patriot Real Estate Holdings RS10 by deed recorded in
469	475		Instrument Number 201200385008, Deed Records, Dallas County,
470	476		Texas, said point being in the west right-of-way line of Lancaster
471	477		Road (variable width right-of-way);
472	478		THENCE South 07 degrees 07 minutes 07 seconds East along the
473	479		easterly line of said Patriot Real Estate Holdings RS10 tract and
474	480		along the westerly right-of-way line of said Lancaster Road a
475	481		distance of 433.04 feet to the POINT OF BEGINNING;
476	482		THENCE South 07 degrees 25 minutes 01 seconds East,
477	483		continuing along the easterly line of said Instrument Number
478	484		201600198606 tract and the westerly right-of-way line of said
479	485		Lancaster Road, a total distance of 734.79 feet to a point for
480	486		corner;
481	487		THENCE South 07 degrees 25 minutes 18 seconds East, following
482	488		the easterly line of said Instrument Number 201600055154 and the
483	489		westerly right-of-way line of Lancaster Road, a total distance of
484	490		583.17 feet to a point for corner;
485	491		THENCE South 06 degrees 24 minutes 46 seconds East,
486	492		continuing along said westerly right-of-way line, a total distance
487	493		of 105.30 feet to a point for corner;
488	494		THENCE South 07 degrees 54 minutes 14 seconds East,
489	495		continuing along said westerly right-of-way line, a total distance
490	496		of 193.87 feet to a point for corner;
491	497		THENCE South 07 degrees 27 minutes 10 seconds East,
492	498		continuing along said westerly right-of-way line and following the
493	499		easterly line of said Instrument Number 201600055916a total
494	500		distance of 401.82 feet to a point for corner, said point being the
495	501		northeast corner of a tract of land conveyed to Yvonne Simmons by
496	502		deed recorded in Volume 2005121, Page 3183, Deed Records, Dallas
497	503		County, Texas;
498	504		THENCE South 82 degrees 29 minutes 50 seconds West,
499	505		continuing along the easterly line of said Instrument Number
500	506		201600055916 tract and the northerly line of said Simmons tract, a
501	507		total distance of 150.00 feet to a point for corner; said point
502	508		being the northwesterly corner of said Simmons tract;
503	509		THENCE South 07 degrees 27 minutes 10 seconds East,
504	510		continuing along the easterly line of said Instrument Number
505	511		201600055916 tract and the westerly line of said Simmons tract, a
506	512		total distance of 68.00 feet to a point for corner, said point being
507	513		the southwest corner of said Simmons tract;
508	514		THENCE North 82 degrees 29 minutes 50 seconds East,
509	515		continuing along the easterly line of said Instrument Number
510	516		201600055916 tract and the southerly line of said Simmons tract, a
511	517		total distance of 150.00 feet to a point for corner, said point
512	518		being the southeast corner of said Simmons tract;
513	519		THENCE South 07 degrees 27 minutes 10 seconds East, following
514	520		said westerly right-of-way line of Lancaster Road, a total distance
515	521		of 251.73 feet to a point for corner, said point being the beginning
516	522		of a tangent curve to the left;
517	523		THENCE in a southeasterly direction along a curve to the
518	524		left, having a central angle of 00 degrees 23 minutes 50 seconds, a
519	525		radius of 8654.40 feet, and a chord bearing and distance of South 07
520	526		degrees 39 minutes 05 seconds East, 60.00 feet, a total arc length
521	527		of 60.00 feet to a point for corner, said point being in an easterly
522	528		corner of a tract of land conveyed to King E. Rhodes, by deed
523	529		recorded in Volume 2002187, Page 0125, Deed Records, Dallas County,
524	530		Texas;
525	531		THENCE South 77 degrees 25 minutes 31 seconds West, along the
526	532		southerly line of said Instrument Number 201600055916 tract and the
527	533		easterly line of said Rhodes tract, a total distance of 323.66 feet
528	534		to a point for corner, said point being the southwest corner of said
529	535		Instrument Number 201600055916 tract, said point also being a
530	536		easterly corner of said Rhodes tract;
531	537		THENCE North 07 degrees 22 minutes 14 seconds West, along the
532	538		westerly line of said Instrument Number 201600055916 tract and the
533	539		easterly line of said Rhodes tract, a total distance of 890.11 feet,
534	540		to a point for corner, said point being the northwest corner of said
535	541		Instrument Number 20160055916 tract and the northeast corner of
536	542		said Rhodes tract, said point also being in a call centerline of
537	543		Wheatland Road;
538	544		THENCE South 58 degrees 38 minutes 34 seconds West, following
539	545		the centerline of said Wheatland Road, a total distance of 287.40
540	546		feet to a point for corner;
541	547		THENCE South 58 degrees 50 minutes 23 seconds West,
542	548		continuing along the centerline of said Wheatland Road, a total
543	549		distance of 834.11 feet to a point for corner, said point being the
544	550		northwest corner of said Rhodes tract;
545	551		THENCE South 37 degrees 05 minutes 08 seconds East, following
546	552		the westerly line of said Rhodes tract and the easterly line of said
547	553		Instrument Number 201400314231, a total distance of 1206.46 feet to
548	554		a point for corner, said point being the southwest corner of said
549	555		Rhodes tract;
550	556		THENCE North 52 degrees 54 minutes 29 seconds East, following
551	557		the southerly line of said Rhodes tract, a total distance of 492.84
552	558		feet to a point for corner;
553	559		THENCE North 07 degrees 22 minutes 14 seconds West, following
554	560		the southeasterly line of said Rhodes tract, a total distance of
555	561		235.91 feet to a point for corner;
556	562		THENCE North 77 degrees 25 minutes 15 seconds East,
557	563		continuing along said southeasterly line of said Rhodes tract, a
558	564		total distance of 323.99 feet to a point for corner, said point
559	565		being in said westerly right-of-way line of Lancaster Road, said
560	566		point also being the beginning of a non-tangent curve to the left;
561	567		THENCE in a southeasterly direction along said curve to the
562	568		left and following said westerly right-of-way line, having a
563	569		central angle of 05 degrees 25 minutes 56 seconds, a radius of
564	570		8654.40 feet, and a chord bearing and distance of South 11 degrees
565	571		25 minutes 46 seconds East, 820.22 feet, a total arc length of
566	572		820.53 feet, to a point for corner, said point being in the
567	573		southerly line of said Instrument Number 201600055916 tract, said
568	574		point also being the most northeasterly corner of a tract of land
569	575		conveyed to DFW Oil Inc. as recorded in Instrument #2008038074,
570	576		Deed Records, Dallas County, Texas;
571	577		THENCE South 75 degrees 57 minutes 36 seconds West, along the
572	578		southerly line of said Instrument Number 201600055916 tract and the
573	579		northerly line of said DFW Oil Inc. tract, a total distance of
574	580		225.00 feet to a point for corner;
575	581		THENCE South 15 degrees 36 minutes 40 seconds East,
576	582		continuing along the southerly line of Instrument Number
577	583		201600055916 tract and the northerly line of said DFW Oil Inc.
578	584		tract, a total distance of 385.17 feet, to a point for corner, said
579	585		point being the northeast corner of a tract of land conveyed to All
580	586		Saints Inc., as recorded Instrument Number 200900059010, Deed
581	587		Records, Dallas County, Texas, said point being in the southerly
582	588		line of said Instrument Number 201600055916 tract;
583	589		THENCE South 69 degrees 59 minutes 35 seconds West, along the
584	590		southerly line of said Instrument Number 201600055916 tract and the
585	591		northerly line of said All Saints Inc. tract, a total distance of
586	592		295.42 feet, a point for corner, said point being in the southerly
587	593		line of said Instrument #201600055916 tract and the northwesterly
588	594		corner of said All Saints Inc. tract;
589	595		THENCE South 20 degrees 24 minutes 03 seconds East, along the
590	596		southerly line of said Instrument Number 201600055916 tract and the
591	597		westerly line of said All Saints Inc. tract a total distance of
592	598		231.52 feet to a point for corner, said point being the southwest
593	599		corner of said All Saints Inc. tract and the southerly line of said
594	600		Instrument Number 201600055916 tract and the northerly line of said
595	601		DFW Oil Inc. tract;
596	602		THENCE South 69 degrees 51 minutes 21 seconds West, along the
597	603		southerly line of said Instrument Number 201600055916 tract and the
598	604		northerly line of said DFW Oil Inc. tract a total distance of 221.74
599	605		feet to a point for corner, said point being the southerly line of
600	606		said Instrument Number 201600055916 tract and the northwest corner
601	607		of said DFW Oil Inc. tract;
602	608		THENCE South 20 degrees 08 minutes 39 seconds East, along the
603	609		southerly line of said Instrument Number 201600055916 tract and the
604	610		west line of said DFW Oil Inc. tract, a total distance of 250.00
605	611		feet to a point for corner, said point being the most southerly
606	612		corner of said Instrument Number 201600055916 tract and being the
607	613		southwest corner of said DFW Oil Inc. tract, said point also being
608	614		in the northerly line of Interstate Highway 20 (LBJ Freeway a
609	615		variable width right-of-way);
610	616		THENCE South 69 degrees 51 minutes 21 seconds West, along the
611	617		southerly line of said Instrument Number 201600055916 tract and the
612	618		northerly right-of-way line of said Interstate Highway 20, a total
613	619		distance of 315.04 feet;
614	620		THENCE South 71 degrees 39 minutes 35 seconds West,
615	621		continuing along the southerly line of said Instrument Number
616	622		201600055916 tract with the northerly line of said Interstate
617	623		Highway 20, a total distance of 1338.56 feet;
618	624		THENCE South 55 degrees 12 minutes 20 seconds West,
619	625		continuing along the southerly line of said Instrument Number
620	626		201600055916 tract with the northerly line of said Interstate
621	627		Highway 20, a total distance of 39.62 feet said point being the
622	628		southwest corner of said Instrument #201600055916 tract and the
623	629		southeast corner of a tract of land conveyed to Susan Wright Key, by
624	630		deed recorded in Volume 88021, Page 1852, Deed Records, Dallas
625	631		County, Texas;
626	632		THENCE North 30 degrees 14 minutes 08 seconds West, along the
627	633		westerly line of said Instrument Number 201600055916 tract and
628	634		along the easterly line of said Susan Wright Key tract and the
629	635		easterly line of a tract of land conveyed to Wycliff Bible
630	636		Translators, Inc. as recorded in Volume 74198, Page 104, Deed
631	637		Records, Dallas County, Texas and the easterly line of a tract of
632	638		land conveyed to George P. Shropulos Family Limited Partnership as
633	639		recorded in Volume 94043, Page 2846, Deed Records, Dallas County,
634	640		Texas, a total distance of 2132.27 feet to a point for corner, said
635	641		point being in the south right-of-way line of Wheatland Road (a
636	642		variable width right-of-way), said point being the northwest corner
637	643		of said Instrument Number 201600055916 tract;
638	644		THENCE with the westerly line of said Instrument
639	645		#201500029116 tract and the easterly line of said RKCJ LLC tract the
640	646		following courses and distances:
641	647		South 58 degrees 50 minutes 23 seconds West, a total
642	648		distance of 22.99 feet to a point for corner;
643	649		North 30 degrees 26 minutes 17 seconds West, a total
644	650		distance of 472.69 feet to a point for corner;
645	651		North 62 degrees 56 minutes 00 seconds East, a total
646	652		distance of 17.96 feet to a point for corner;
647	653		North 31 degrees 11 minutes 24 seconds West, a total
648	654		distance of 1205.27 feet to a point for corner, said point being
649	655		approximately the center line of a creek;
650	656		THENCE along said approximately centerline of creek the
651	657		following courses and distances;
652	658		North 18 degrees 56 minutes 06 seconds East, a total
653	659		distance of 154.49 feet to a point for corner;
654	660		North 53 degrees 46 minutes 06 seconds East, a total
655	661		distance of 203.00 feet to a point for corner;
656	662		South 68 degrees 22 minutes 54 seconds East, a total
657	663		distance of 133.72 feet to a point for corner;
658	664		North 86 degrees 02 minutes 06 seconds East, a total
659	665		distance of 111.50 feet to a point for corner;
660	666		North 10 degrees 48 minutes 06 seconds East, a total
661	667		distance of 107.15 feet to a point for corner;
662	668		North 35 degrees 39 minutes 06 seconds East, a total
663	669		distance of 141.00 feet to a point for corner;
664	670		North 78 degrees 20 minutes 06 seconds East, a total
665	671		distance of 97.05 feet to a point for corner;
666	672		North 28 degrees 27 minutes 54 seconds West, a total
667	673		distance of 140.57 feet to a point for corner;
668	674		North 47 degrees 08 minutes 06 seconds East, a total
669	675		distance of 150.88 feet to a point for corner;
670	676		North 31 degrees 12 minutes 06 seconds East, a total
671	677		distance of 130.56 feet to a point for corner;
672	678		North 63 degrees 34 minutes 36 seconds East, a total
673	679		distance of 134.95 feet to a point for corner;
674	680		North 87 degrees 41 minutes 36 seconds East, a total
675	681		distance of 129.10 feet to a point for corner;
676	682		North 03 degrees 13 minutes 36 seconds East, a total
677	683		distance of 132.20 feet to a point for corner;
678	684		North 34 degrees 51 minutes 36 seconds East, a total
679	685		distance of 164.10 feet to a point for corner;
680	686		North 11 degrees 51 minutes 36 seconds East, a total
681	687		distance of 124.70 feet to a point for corner;
682	688		THENCE North 23 degrees 47 minutes 24 seconds West, a total
683	689		distance of 139.58 feet to a point for corner, said point being in
684	690		the northerly line of said Instrument Number 201500029116 tract and
685	691		the southerly line of a tract of land conveyed to the City of Dallas
686	692		as recorded in Volume 95095, Page 5779, Deed Records, Dallas
687	693		County, Texas;
688	694		THENCE North 54 degrees 24 minutes 43 seconds East, along the
689	695		northerly line of said Instrument Number 201500029116 tract and
690	696		along the southerly line of said City of Dallas tract a total
691	697		distance of 537.89 feet to a point for corner;
692	698		THENCE North 32 degrees 43 minutes 59 seconds West,
693	699		continuing along said common linea total distance of 1.62 feet;
694	700		THENCE North 58 degrees 51 minutes 51 seconds East,
695	701		continuing along said common line and passing along the southerly
696	702		line of a tract of land conveyed to 154 Lancaster Ltd., as recorded
697	703		in Volume 98055, Page 0435, Deed Records, Dallas County, Texas, a
698	704		total distance of 471.29 feet to a point for corner, said point
699	705		being the northeasterly corner of said Instrument #201500029116
700	706		tract;
701	707		THENCE South 31 degrees 05 minutes 57 seconds East, departing
702	708		the southerly line of said 154 Lancaster Ltd. tract along the
703	709		easterly line of said Instrument Number 201500029116 tract passing
704	710		along the westerly line of a tract of land conveyed to Camplanc
705	711		Investments as recorded in Instrument Number 201100097436, Deed
706	712		Records, Dallas County, Texas and passing along the westerly line
707	713		of said Proton Properties LLC tract, a total distance of 634.03 feet
708	714		to a point for corner, said point being the southwesterly corner of
709	715		said Proton Properties LLC tract, and being a northerly corner of
710	716		said Instrument Number 201500029116 tract;
711	717		THENCE along the northerly line of said Instrument Number
712	718		201500029116 tract and the southerly line of said Proton Properties
713	719		LLC tract the following courses and distances:
714	720		North 58 degrees 57 minutes 36 seconds East, a total
715	721		distance of 894.69 feet to a point for corner;
716	722		South 07 degrees 25 minutes 01 seconds East, a total
717	723		distance of 277.11 feet to a point for corner;
718	724		North 82 degrees 34 minutes 59 seconds East, a total
719	725		distance of 439.00 feet to the POINT OF BEGINNING and containing a
720	726		total area of 12,245,246.54 square feet, or 281.112 acres of land,
721	727		more or less.
722	728		SECTION 3. (a) The legal notice of the intention to
723	729		introduce this Act, setting forth the general substance of this
724	730		Act, has been published as provided by law, and the notice and a
725	731		copy of this Act have been furnished to all persons, agencies,
726	732		officials, or entities to which they are required to be furnished
727	733		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
728	734		Government Code.
729	735		(b) The governor, one of the required recipients, has
730	736		submitted the notice and Act to the Texas Commission on
731	737		Environmental Quality.
732	738		(c) The Texas Commission on Environmental Quality has filed
733	739		its recommendations relating to this Act with the governor,
734	740		lieutenant governor, and speaker of the house of representatives
735	741		within the required time.
736	742		(d) The general law relating to consent by political
737	743		subdivisions to the creation of districts with conservation,
738	744		reclamation, and road powers and the inclusion of land in those
739	745		districts has been complied with.
740	746		(e) All requirements of the constitution and laws of this
741	747		state and the rules and procedures of the legislature with respect
742	748		to the notice, introduction, and passage of this Act have been
743	749		fulfilled and accomplished.
744	750		SECTION 4. This Act takes effect immediately if it receives
745	751		a vote of two-thirds of all the members elected to each house, as
746	752		provided by Section 39, Article III, Texas Constitution. If this
747	753		Act does not receive the vote necessary for immediate effect, this
748	754		Act takes effect September 1, 2017.
749		-	______________________________ ______________________________
750		-	President of the Senate Speaker of the House
751		-	I hereby certify that S.B. No. 2244 passed the Senate on
752		-	May 8, 2017, by the following vote: Yeas 29, Nays 1, one present
753		-	not voting; May 25, 2017, Senate refused to concur in House
754		-	amendments and requested appointment of Conference Committee;
755		-	May 26, 2017, House granted request of the Senate; May 28, 2017,
756		-	Senate adopted Conference Committee Report by the following
757		-	vote: Yeas 31, Nays 0.
758		-	______________________________
759		-	Secretary of the Senate
760		-	I hereby certify that S.B. No. 2244 passed the House, with
761		-	amendments, on May 24, 2017, by the following vote: Yeas 141,
762		-	Nays 5, two present not voting; May 26, 2017, House granted request
763		-	of the Senate for appointment of Conference Committee;
764		-	May 28, 2017, House adopted Conference Committee Report by the
765		-	following vote: Yeas 138, Nays 5, two present not voting.
766		-	______________________________
767		-	Chief Clerk of the House
768		-	Approved:
769		-	______________________________
770		-	Date
771		-	______________________________
772		-	Governor