Texas 2017 - 85th Regular

Texas Senate Bill SB905 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Birdwell S.B. No. 905
2		-	(Burns)
	1	+	S.B. No. 905
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the creation of the Cresson Crossroads Municipal
8	6		Utility District No. 2; granting a limited power of eminent domain;
9	7		providing authority to issue bonds; providing authority to impose
10	8		assessments, fees, and taxes.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	11		Code, is amended by adding Chapter 7968 to read as follows:
14	12		CHAPTER 7968. CRESSON CROSSROADS MUNICIPAL UTILITY DISTRICT NO. 2
15	13		SUBCHAPTER A. GENERAL PROVISIONS
16	14		Sec. 7968.001. DEFINITIONS. In this chapter:
17	15		(1) "Board" means the district's board of directors.
18	16		(2) "Commission" means the Texas Commission on
19	17		Environmental Quality.
20	18		(3) "Director" means a board member.
21	19		(4) "District" means the Cresson Crossroads Municipal
22	20		Utility District No. 2.
23	21		Sec. 7968.002. NATURE OF DISTRICT. The district is a
24	22		municipal utility district created under Section 59, Article XVI,
25	23		Texas Constitution.
26	24		Sec. 7968.003. CONFIRMATION AND DIRECTORS' ELECTION
27	25		REQUIRED. The temporary directors shall hold an election to
28	26		confirm the creation of the district and to elect five permanent
29	27		directors as provided by Section 49.102, Water Code.
30	28		Sec. 7968.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	29		temporary directors may not hold an election under Section 7968.003
32	30		until each municipality in whose corporate limits or
33	31		extraterritorial jurisdiction the district is located has
34	32		consented by ordinance or resolution to the creation of the
35	33		district and to the inclusion of land in the district.
36	34		Sec. 7968.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	35		(a) The district is created to serve a public purpose and benefit.
38	36		(b) The district is created to accomplish the purposes of:
39	37		(1) a municipal utility district as provided by
40	38		general law and Section 59, Article XVI, Texas Constitution; and
41	39		(2) Section 52, Article III, Texas Constitution, that
42	40		relate to the construction, acquisition, improvement, operation,
43	41		or maintenance of macadamized, graveled, or paved roads, or
44	42		improvements, including storm drainage, in aid of those roads.
45	43		Sec. 7968.006. INITIAL DISTRICT TERRITORY. (a) The
46	44		district is initially composed of the territory described by
47	45		Section 2 of the Act enacting this chapter.
48	46		(b) The boundaries and field notes contained in Section 2 of
49	47		the Act enacting this chapter form a closure. A mistake made in the
50	48		field notes or in copying the field notes in the legislative process
51	49		does not affect the district's:
52	50		(1) organization, existence, or validity;
53	51		(2) right to issue any type of bond for the purposes
54	52		for which the district is created or to pay the principal of and
55	53		interest on a bond;
56	54		(3) right to impose a tax; or
57	55		(4) legality or operation.
58	56		SUBCHAPTER B. BOARD OF DIRECTORS
59	57		Sec. 7968.051. GOVERNING BODY; TERMS. (a) The district is
60	58		governed by a board of five elected directors.
61	59		(b) Except as provided by Section 7968.052, directors serve
62	60		staggered four-year terms.
63	61		Sec. 7968.052. TEMPORARY DIRECTORS. (a) The temporary
64	62		board consists of:
65	63		(1) Randy Price;
66	64		(2) Cliff May;
67	65		(3) Derek Tanner;
68	66		(4) Michael Hooser; and
69	67		(5) Aaron Grant.
70	68		(b) Temporary directors serve until the earlier of:
71	69		(1) the date permanent directors are elected under
72	70		Section 7968.003; or
73	71		(2) the fourth anniversary of the effective date of
74	72		the Act enacting this chapter.
75	73		(c) If permanent directors have not been elected under
76	74		Section 7968.003 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 7968.003; 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. 7968.101. 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. 7968.102. 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. 7968.103. 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. 7968.104. 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. 7968.105. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any
120	118		water, sanitary sewer, road, drainage, or other infrastructure or
121	119		public facilities constructed, acquired, improved, maintained, or
122	120		operated by the district shall comply with any subdivision or other
123	121		applicable regulations of any municipality in whose corporate
124	122		limits or extraterritorial jurisdiction the infrastructure or
125	123		public facilities are located unless other regulations are
126	124		specified in a development agreement between the district and the
127	125		municipality.
128	126		Sec. 7968.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
129	127		OR RESOLUTION. The district shall comply with all applicable
130	128		requirements of any ordinance or resolution that is adopted under
131	129		Section 54.016 or 54.0165, Water Code, and that consents to the
132	130		creation of the district or to the inclusion of land in the
133	131		district.
134	132		Sec. 7968.107. DIVISION OF DISTRICT. (a) The district may
135	133		be divided into two or more new districts only if:
136	134		(1) the district has no outstanding bonded debt; and
137	135		(2) the district is not imposing ad valorem taxes.
138	136		(b) This chapter applies to any new district created by the
139	137		division of the district, and a new district has all the powers and
140	138		duties of the district.
141	139		(c) Any new district created by the division of the district
142	140		may not, at the time the new district is created, contain any land
143	141		outside the area described by Section 2 of the Act creating this
144	142		chapter.
145	143		(d) The board, on its own motion or on receipt of a petition
146	144		signed by the owner or owners of a majority of the assessed value of
147	145		the real property in the district, may adopt an order dividing the
148	146		district.
149	147		(e) The board may adopt an order dividing the district
150	148		before or after the date the board holds an election under Section
151	149		7968.003 to confirm the creation of the district.
152	150		(f) An order dividing the district shall:
153	151		(1) name each new district;
154	152		(2) include the metes and bounds description of the
155	153		territory of each new district;
156	154		(3) appoint temporary directors for each new district;
157	155		and
158	156		(4) provide for the division of assets and liabilities
159	157		between or among the new districts.
160	158		(g) On or before the 30th day after the date of adoption of
161	159		an order dividing the district, the district shall file the order
162	160		with the commission and record the order in the real property
163	161		records of each county in which the district is located.
164	162		(h) Any new district created by the division of the district
165	163		shall hold a confirmation and directors' election as required by
166	164		Section 7968.003.
167	165		(i) If the creation of the new district is confirmed, the
168	166		new district shall provide the election date and results to the
169	167		commission.
170	168		(j) Any new district created by the division of the district
171	169		must hold an election as required by this chapter to obtain voter
172	170		approval before the district may impose a maintenance tax or issue
173	171		bonds payable wholly or partly from ad valorem taxes.
174	172		(k) Municipal consent to the creation of the district and to
175	173		the inclusion of land in the district granted under Section
176	174		7968.004 acts as municipal consent to the creation of any new
177	175		district created by the division of the district and to the
178	176		inclusion of land in the new district.
179	177		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
180	178		Sec. 7968.151. ELECTIONS REGARDING TAXES OR BONDS.
181	179		(a) The district may issue, without an election, bonds and other
182	180		obligations secured by:
183	181		(1) revenue other than ad valorem taxes; or
184	182		(2) contract payments described by Section 7968.153.
185	183		(b) The district must hold an election in the manner
186	184		provided by Chapters 49 and 54, Water Code, to obtain voter approval
187	185		before the district may impose an ad valorem tax or issue bonds
188	186		payable from ad valorem taxes.
189	187		(c) The district may not issue bonds payable from ad valorem
190	188		taxes to finance a road project unless the issuance is approved by a
191	189		vote of a two-thirds majority of the district voters voting at an
192	190		election held for that purpose.
193	191		Sec. 7968.152. OPERATION AND MAINTENANCE TAX. (a) If
194	192		authorized at an election held under Section 7968.151, the district
195	193		may impose an operation and maintenance tax on taxable property in
196	194		the district in accordance with Section 49.107, Water Code.
197	195		(b) The board shall determine the tax rate. The rate may not
198	196		exceed the rate approved at the election.
199	197		(c) Section 49.107(f), Water Code, does not apply to
200	198		reimbursements for projects constructed or acquired under Section
201	199		7968.103.
202	200		Sec. 7968.153. CONTRACT TAXES. (a) In accordance with
203	201		Section 49.108, Water Code, the district may impose a tax other than
204	202		an operation and maintenance tax and use the revenue derived from
205	203		the tax to make payments under a contract after the provisions of
206	204		the contract have been approved by a majority of the district voters
207	205		voting at an election held for that purpose.
208	206		(b) A contract approved by the district voters may contain a
209	207		provision stating that the contract may be modified or amended by
210	208		the board without further voter approval.
211	209		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
212	210		Sec. 7968.201. AUTHORITY TO ISSUE BONDS AND OTHER
213	211		OBLIGATIONS. The district may issue bonds or other obligations
214	212		payable wholly or partly from ad valorem taxes, impact fees,
215	213		revenue, contract payments, grants, or other district money, or any
216	214		combination of those sources, to pay for any authorized district
217	215		purpose.
218	216		Sec. 7968.202. TAXES FOR BONDS. At the time the district
219	217		issues bonds payable wholly or partly from ad valorem taxes, the
220	218		board shall provide for the annual imposition of a continuing
221	219		direct ad valorem tax, without limit as to rate or amount, while all
222	220		or part of the bonds are outstanding as required and in the manner
223	221		provided by Sections 54.601 and 54.602, Water Code.
224	222		Sec. 7968.203. BONDS FOR ROAD PROJECTS. At the time of
225	223		issuance, the total principal amount of bonds or other obligations
226	224		issued or incurred to finance road projects and payable from ad
227	225		valorem taxes may not exceed one-fourth of the assessed value of the
228	226		real property in the district.
229	227		SECTION 2. The Cresson Crossroads Municipal Utility
230	228		District No. 2 initially includes all the territory contained in
231	229		the following area:
232	230		Field notes for:(TRACT 1 )
233	231		Part of the NANCY SMITH SURVEY, Abstract No. 512 situated in Hood
234	232		County, Texas; embracing a portion of the 744-672/1000 acres tract
235	233		described in the deed to Cresson Crossroads LLC, recorded in volume
236	234		2225, page 263 of the Real Records of Hood County, Texas and all of
237	235		Lots 6, 7, 8, 9, 12, 13, 16, 18,19 and Reserve No. 1 of CRESSON
238	236		CROSSROADS PHASE ONE, an Addition to the City of Cresson, Hood
239	237		County, Texas according to the plat thereof recorded in Slide C-126
240	238		of the Plat Records of Hood County, Texas and a portion of Lot 4-R of
241	239		CRESSON CROSSROADS PHASE ONE, an Addition to the City of Cresson,
242	240		Hood County, Texas according to the RePlat thereof recorded in
243	241		Slide C-276 of the Plat Records, and all of Lot 10R-2 of CRESSON
244	242		CROSSROADS PHASE ONE, an Addition to the City of Cresson, Hood
245	243		County, Texas according to the plat thereof recorded in Slide C-323
246	244		of the Plat Records and described by metes and bounds as follows:
247	245		The bearings and coordinate positions are per the Texas Coordinate
248	246		System North Central Zone Nad 83 (1993).
249	247		Beginning at a 1/2" iron for the southwest corner of the said
250	248		744-672/1000 acres tract, and in the north line of Old Granbury
251	249		Road.
252	250		Thence northeasterly along the most southerly west line of the said
253	251		744-672/1000 acres tract the following:
254	252		north 00 degrees-51 minutes-58 seconds east 1884-49/100
255	253		feet;
256	254		north 00 degrees-06 minutes-08 seconds east 1700-36/100 feet
257	255		to a 6" steel fence corner for a reentrant corner of the said
258	256		744-672/1000 acres tract.
259	257		Thence southwesterly along the most westerly south line of the said
260	258		744-672/1000 acres tract the following:
261	259		south 73 degrees-35 minutes-07 seconds west 3997-93/100 feet
262	260		to a 5/8" iron,
263	261		south 67 degrees-31 minutes-39 seconds west 94-23/100 feet to
264	262		a 6" steel fence corner for the most westerly southwest
265	263		corner of the said 744-672/1000 acres tract.
266	264		Thence north 00 degrees-21 minutes-27 seconds east, along the west
267	265		line of said 744-672/1000 acres tract, to and along the west line of
268	266		said CRESSON CROSSROADS PHASE ONE,
269	267		5527-54/100 feet.
270	268		Thence 62 degrees-28 minutes-48 seconds east 885-75/100 feet to the
271	269		easterly line of said Lot 4-R, and the westerly line of Hughie Long
272	270		Road.
273	271		Thence southwesterly and southeasterly, along the easterly line of
274	272		said Lot 4-R and the westerly line of said Hughie Long Road, to and
275	273		along the easterly line of said 6, 7, 8, and 9, the following:
276	274		south 27 degrees-53 minutes-51 seconds west 190-82/100 feet
277	275		to the beginning of a curve to the left having a radius of
278	276		1030 feet;
279	277		along said curve to the left an arc length of 495-08/100 feet
280	278		to its end. The long chord of said 495-08/100 feet arc is
281	279		south 14 degrees-07 minutes-39 seconds west 490-33/100 feet;
282	280		south 00 degrees-21 minutes-27 seconds west 644-28/100 feet
283	281		to the beginning of a curve to the left having a radius of 530
284	282		feet;
285	283		along said curve to the left an arc length of 479-16/100 feet
286	284		to the northeasterly corner of said Lot 9. The long chord of
287	285		said 479-16/100 feet arc is south 25 degrees-32 minutes-35
288	286		seconds east 463-01 /100 feet.
289	287		Thence south 19 degrees-25 minutes-35 seconds west, along the
290	288		easterly line of said Lot 9, a distance of 440-69/100 feet to the
291	289		northwest corner of said Lot 10R-2.
292	290		Thence south 81 degrees-24 minutes-47 seconds east, along the
293	291		northerly line of said Lot 10R-2, a distance of 317-64/100 feet to
294	292		the northeasterly corner of said Lot 10R-2, in the west
295	293		right-of-way of Cantrell Court.
296	294		Thence south 08 degrees-35 minutes-11 seconds west, along the
297	295		easterly line of said Lot 10R-2, and the westerly right-of-way of
298	296		said Cantrell Court, 269-80/100 feet to the southeast corner of
299	297		said Lot 10R-2, and the southwest end of said Cantrell Court, in the
300	298		south line of said CRESSON CROSSROADS PHASE ONE.
301	299		Thence north 82 degrees-58 minutes-22 seconds east, along the south
302	300		line of said said Lot 10R-2, and the southwest end of said Cantrell
303	301		Court, in the south line of said CRESSON CROSSROADS PHASE ONE,
304	302		517-53/100 feet to the southwest corner of said Lot 12 and the
305	303		southeast corner of Lot 11 of said CRESSON CROSSROADS PHASE ONE.
306	304		Thence north 07 degrees-01 minute-38 seconds west, along the common
307	305		line of said Lots 11 and 12, a distance of 580-80/100 feet to the
308	306		northwest corner of said Lot 12, in the south right-of-way of said
309	307		Hughie Long Road.
310	308		Thence north 82 degrees-58 minutes-22 seconds east, along the north
311	309		line of said Lot 12, and the south right-of-way of said Hughie Long
312	310		Road, to and along the north line of said Lot 13, and said Reserve
313	311		No. 1, a distance of 1146-33/100 feet to the northeast corner of
314	312		said Reserve No. 1.
315	313		Thence south 07 degrees-01 minute-38 seconds east, along the east
316	314		line of said Reserve No. 1, a distance of 580-80/100 feet to the
317	315		southeast corner of said Reserve No. 1, in the south line of said
318	316		CRESSON CROSSROADS PHASE ONE.
319	317		Thence north 82 degrees-58 minutes-22 seconds east, along the south
320	318		line of said CRESSON CROSSROADS PHASE ONE, 1009-41/100 feet to the
321	319		southeast corner of Lot 15R-2R2 of CRESSON CROSSROADS PHASE ONE,
322	320		according to the plat thereof recorded in Slide P-462 of the said
323	321		Plat Records, in the west right-of-way of Glascock Drive.
324	322		Thence south 23 degrees-54 minutes-25 seconds east, along a
325	323		southwesterly line of said CRESSON CROSSROADS PHASE ONE, 83-16/100
326	324		feet to the west line of said Lot 16, and the east right-of-way of
327	325		said Glascock Drive.
328	326		Thence north 22 degrees-16 minutes-14 seconds east, along the west
329	327		line of said Lot 16, and the easterly line of said Glascock Drive,
330	328		122-73/100 feet to the northwest corner of said Lot 16, at the
331	329		intersection of the easterly line of said Glascock Drive, and the
332	330		southerly right-of-way of said Hughie Long Road, in a curve to the
333	331		left having a radius of 1030 feet.
334	332		Thence southeasterly, along the north line of said Lot 16, and the
335	333		south right-of-way of said Hughie Long Road, along said curve to the
336	334		left an arc length of 231-22/100 feet to the northeast corner of
337	335		said Lot 16, and the northwest corner of Lot 17 of said CRESSON
338	336		CROSSROADS PHASE ONE. The long chord of said 231-22/100 feet arc is
339	337		south 75 degrees-49 minutes-46 seconds east 230-73/100 feet.
340	338		Thence south 00 degrees-13 minutes-12 seconds west, along the
341	339		common line of said Lots 16 and 17, a distance of 335-09/100 feet to
342	340		the southeast corner of said Lot 16, and the southwest corner of
343	341		said Lot 17, in the south line of said CRESSON CROSSROADS PHASE ONE.
344	342		Thence southeasterly, along the south line of said Lot 17, and the
345	343		south line of said CRESSON CROSSROADS PHASE ONE, the following:
346	344		south 89 degrees-46 minutes-48 seconds east 39-87/100 feet;
347	345		north 82 degrees-58 minutes-22 seconds east 279-18/100 feet
348	346		to the southeast corner of said Lot 17, and the southwest
349	347		corner of said Lot 18.
350	348		Thence north 07 degrees-01 minute-38 seconds west, along the common
351	349		line of said Lots 17 and 18, a distance of 303-42/100 feet to the
352	350		northwest corner of said Lot 18, in the southerly right-of-way of
353	351		said Hughie Long Road.
354	352		Thence northeasterly and southeasterly, along the north line of
355	353		said Lot 18, and the southerly right-of-way of said Hughie Long
356	354		Road, to and along the north line of said Lot 19, the following:
357	355		north 82 degrees-58 minutes-22 seconds east 550-88/100 feet
358	356		to the beginning of a curve to the right having a radius of
359	357		270 feet;
360	358		along said curve to the right an arc length of 164-58/100 feet
361	359		to its end. The long chord of said 164-58/100 feet arc is
362	360		south 79 degrees-33 minutes-53 seconds east 162-04/100 feet.
363	361		south 62 degrees-06 minutes-09 seconds east 5-06/100 feet to
364	362		the northeast corner of said Lot 19, at the intersection of
365	363		the southerly right-of-way of said Hughie Long Road, and the
366	364		westerly right-of-way of Slocum Ranch Road.
367	365		Thence southwesterly, along the easterly line of said Lot 19, and
368	366		the westerly right-of-way of said Slocum Ranch Road, the following:
369	367		south 27 degrees-42 minutes-02 seconds west 30-82/100 feet to
370	368		the beginning of a curve to the left having a radius of 2100
371	369		feet;
372	370		along said curve to the left an arc length of 264-83/100 feet
373	371		to the southeast corner of said Lot 19 and the southwest
374	372		corner of said Slocum Ranch Road. The long chord of said
375	373		264-83/100 feet arc is south 24 degrees-05 minutes-17 seconds
376	374		west 264-65 /100 feet.
377	375		Thence south 69 degrees-31 minutes-29 seconds east, along the south
378	376		line of said Slocum Ranch Road, 100-00/100 feet to the east line of
379	377		Slocum Ranch Road, and the beginning of a curve to the right having
380	378		a radius of 2000-00/100 feet.
381	379		Thence northeasterly along the said east line of Slocum Ranch Road,
382	380		and said curve to the right an arc length of 252-21/100 feet; the
383	381		long chord of the said 252-21/100 feet arc is north 24 degrees-05
384	382		minutes-17 seconds east 252-04/100 feet.
385	383		Thence north 27 degrees-42 minutes-02 seconds east, along the said
386	384		east line of Slocum Ranch Road, 630-29/100 feet to the north line of
387	385		the said 744-672/1000 acres tract, and the south line of State
388	386		Highway No. 171.
389	387		Thence south 62 degrees-07 minutes-00 seconds east, along the said
390	388		north line of the 744-672/1000 acres tract, and the said south line
391	389		of State Highway No. 171, 2140-45/100 feet to the most northerly
392	390		northeast corner of the said 744-672/1000 acres tract.
393	391		Thence southerly, then northwesterly, then southerly along the
394	392		easterly line of the said 744-672/1000 acres tract the following:
395	393		south 30 degrees-48 minutes-16 seconds west 131-94/100 feet;
396	394		south 50 degrees-55 minutes-01 second east 175-29/100 feet;
397	395		south 35 degrees-08 minutes-10 seconds west 508-28/100 feet;
398	396		north 55 degrees-45 minutes-14 seconds west 59-45/100 feet;
399	397		south 35 degrees-31 minutes-08 seconds west 207-72/100 feet;
400	398		south 53 degrees-39 minutes-22 seconds east 149-78/100 feet;
401	399		south 35 degrees-50 minutes-43 seconds west 248-84/100 feet;
402	400		south 53 degrees-35 minutes-36 seconds east 412-81/100 feet
403	401		to the northeast corner of the 2-245/1000 acres tract
404	402		described in the deed to Betty L. Henson Family Partnership,
405	403		L.P., recorded in volume 2508, page 712 of the said Real
406	404		Records, and the beginning of a curve to the right having a
407	405		radius of 224-00/100 feet.
408	406		Thence southwesterly along the northwesterly line of the said
409	407		2-245/1000 acres tract, and said curve to the right an arc length of
410	408		206-71/100 feet; the long chord of the said 206-71/100 feet arc is
411	409		south 63 degrees-04 minutes-17 seconds west 199-46/100 feet.
412	410		Thence southerly along the said northwesterly line of the
413	411		2-245/1000 acres tract, to and along the northwesterly line, and
414	412		the southwesterly of Lot 1, Phase 2, CRESSON CROSSROADS, according
415	413		to the plat thereof recorded in Slide C-223 of the said Plat Records
416	414		the following:
417	415		south 89 degrees-30 minutes-30 seconds west 62-17/100 feet;
418	416		south 32 degrees-28 minutes-47 seconds west 113-40/100 feet;
419	417		south 00 degrees-59 minutes-04 seconds west 372-43/100 feet;
420	418		south 35 degrees-28 minutes-40 seconds west 203-06/100 feet
421	419		to the northerly corner of said Lot 1;
422	420		south 35 degrees-55 minutes-50 seconds west 338-42/100 feet
423	421		to the westerly corner of said Lot 1;
424	422		south 54 degrees-04 minutes-10 seconds east 260-72/100 feet
425	423		to the easterly line of the said 744-672/1000 acres tract,
426	424		and southerly corner of said Lot, 1, and in the west line of
427	425		U.S. Highway No. 377.
428	426		Thence southwesterly along the said easterly line of the
429	427		744-672/1000 acres tract, and the said west line of U.S. Highway
430	428		No. 377, the following:
431	429		south 35 degrees-14 minutes-38 seconds west 501-06/100 feet;
432	430		south 35 degrees-00 minutes-14 seconds west 165-65/100 feet;
433	431		south 35 degrees-30 minutes-36 seconds west 614-77/100 feet;
434	432		south 41 degrees-55 minutes-26 seconds west 403-69/100 feet;
435	433		south 34 degrees-08 minutes-17 seconds west 200-11/100 feet;
436	434		south 29 degrees-40 minutes-57 seconds west 318-73/100 feet;
437	435		south 28 degrees-50 minutes-42 seconds west 172-82/100 feet
438	436		south 32 degrees-49 minutes-34 seconds west 508-28/100 feet;
439	437		south 60 degrees-56 minutes-28 seconds west 175-64/100 feet
440	438		to the most southerly southeast corner of the said
441	439		744-672/1000 acres tract in the north line of Old Granbury
442	440		Road.
443	441		Thence south 89 degrees-25 minutes-07 seconds west, along the south
444	442		line of the said 744-672/1000 acres tract, and the said north line
445	443		of Old Granbury Road, 953-56/100 feet to the Beginning and
446	444		containing 561-055/1000 acres.
447	445		Compiled on December 17, 2016 from Real Records, and Plat Records of
448	446		Hood County, Texas, and some previous surveys.
449	447		Field notes for:(TRACT 2 )
450	448		All of Lot 40 of CRESSON CROSSROADS PHASE ONE, an Addition to the
451	449		City of Cresson, Hood County, Texas according to the plat thereof
452	450		recorded in Slide C-126 of the Plat Records of Hood County, Texas
453	451		and all of Lot 41-R of CRESSON CROSSROADS PHASE ONE, an Addition to
454	452		the City of Cresson, Hood County, Texas according to the plat
455	453		thereof recorded in Slide C-350 of the said Plat Records, and
456	454		described by metes and bounds as follows:
457	455		Beginning at the northwesterly corner of said Lot 40 at the
458	456		intersection of the southwesterly right-of-way of State Highway
459	457		No. 171, and the southeasterly right-of-way of Hughie Long Road.
460	458		Thence south 62 degrees-06 minutes-59 seconds east, along the
461	459		northeasterly line of said Lot 40, and the southwesterly
462	460		right-of-way of said State Highway No. 171, to and along the
463	461		northeasterly line of said Lot 41-R, a distance of 422-10/100 feet
464	462		to the northeasterly corner of said Lot 41-R.
465	463		Thence south 27 degrees-53 minutes-51 seconds west, along the
466	464		southeasterly line of said Lot 41-R, a distance of 309-72/100 feet
467	465		to the southeasterly corner of said Lot 41-R, in the northeasterly
468	466		line of Lot 39 of said CRESSON CROSSROADS PHASE ONE.
469	467		Thence north 62 degrees-06 minutes-59 seconds west, along the
470	468		southwesterly line of said Lot 41-R, and the northeasterly line of
471	469		said lot 39, to and along the southwesterly line of said Lot 40, a
472	470		distance of 422-10/100 feet to the southwesterly corner of said Lot
473	471		40, in the easterly right-of-way of said Hughie Long Road.
474	472		Thence north 27 degrees-53 minutes-51 seconds east, along the
475	473		westerly line of said Lot 40, and the easterly right-of-way of said
476	474		Hughie Long Road, 309-72/100 feet to the place of beginning and
477	475		containing 3-001/1000 acres.
478	476		Compiled on December 16, 2016 from Real Records, and Plat Records of
479	477		Hood County, Texas, and some previous surveys.
480	478		SECTION 3. (a) The legal notice of the intention to
481	479		introduce this Act, setting forth the general substance of this
482	480		Act, has been published as provided by law, and the notice and a
483	481		copy of this Act have been furnished to all persons, agencies,
484	482		officials, or entities to which they are required to be furnished
485	483		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
486	484		Government Code.
487	485		(b) The governor, one of the required recipients, has
488	486		submitted the notice and Act to the Texas Commission on
489	487		Environmental Quality.
490	488		(c) The Texas Commission on Environmental Quality has filed
491	489		its recommendations relating to this Act with the governor, the
492	490		lieutenant governor, and the speaker of the house of
493	491		representatives within the required time.
494	492		(d) All requirements of the constitution and laws of this
495	493		state and the rules and procedures of the legislature with respect
496	494		to the notice, introduction, and passage of this Act are fulfilled
497	495		and accomplished.
498	496		SECTION 4. (a) If this Act does not receive a two-thirds
499	497		vote of all the members elected to each house, Subchapter C, Chapter
500	498		7968, Special District Local Laws Code, as added by Section 1 of
501	499		this Act, is amended by adding Section 7968.108 to read as follows:
502	500		Sec. 7968.108. NO EMINENT DOMAIN POWER. The district may
503	501		not exercise the power of eminent domain.
504	502		(b) This section is not intended to be an expression of a
505	503		legislative interpretation of the requirements of Section 17(c),
506	504		Article I, Texas Constitution.
507	505		SECTION 5. This Act takes effect immediately if it receives
508	506		a vote of two-thirds of all the members elected to each house, as
509	507		provided by Section 39, Article III, Texas Constitution. If this
510	508		Act does not receive the vote necessary for immediate effect, this
511	509		Act takes effect September 1, 2017.
	510	+	______________________________ ______________________________
	511	+	President of the Senate Speaker of the House
	512	+	I hereby certify that S.B. No. 905 passed the Senate on
	513	+	May 10, 2017, by the following vote: Yeas 29, Nays 1.
	514	+	______________________________
	515	+	Secretary of the Senate
	516	+	I hereby certify that S.B. No. 905 passed the House on
	517	+	May 24, 2017, by the following vote: Yeas 137, Nays 9, two
	518	+	present not voting.
	519	+	______________________________
	520	+	Chief Clerk of the House
	521	+	Approved:
	522	+	______________________________
	523	+	Date
	524	+	______________________________
	525	+	Governor