Texas 2019 - 86th Regular

Texas House Bill HB3436 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3436
	1	+	By: Sanford (Senate Sponsor - Fallon) H.B. No. 3436
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 17, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Celina Municipal Management
6	12		District No. 3; providing authority to issue bonds and impose
7	13		assessments, fees, and taxes.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	16		Code, is amended by adding Chapter 3965 to read as follows:
11	17		CHAPTER 3965. CELINA MUNICIPAL MANAGEMENT DISTRICT NO. 3
12	18		SUBCHAPTER A. GENERAL PROVISIONS
13	19		Sec. 3965.0101. DEFINITIONS. In this chapter:
14	20		(1) "Board" means the district's board of directors.
15	21		(2) "City" means the City of Celina, Texas.
16	22		(3) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(4) "Director" means a board member.
19		-	(5) "District" means the Celina M
20		-	unicipal Management
	25	+	(5) "District" means the Celina Municipal Management
21	26		District No. 3.
22	27		Sec. 3965.0102. CREATION AND NATURE OF DISTRICT. The
23	28		district is a special district created under Sections 52 and 52-a,
24	29		Article III, and Section 59, Article XVI, Texas Constitution.
25	30		Sec. 3965.0103. PURPOSE; LEGISLATIVE FINDINGS. (a) The
26	31		creation of the district is essential to accomplish the purposes of
27	32		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
28	33		Texas Constitution, and other public purposes stated in this
29	34		chapter. By creating the district and in authorizing the city and
30	35		other political subdivisions to contract with the district, the
31	36		legislature has established a program to accomplish the public
32	37		purposes set out in Section 52-a, Article III, Texas Constitution.
33	38		(b) The creation of the district is necessary to promote,
34	39		develop, encourage, and maintain employment, commerce,
35	40		transportation, housing, tourism, recreation, the arts,
36	41		entertainment, economic development, safety, and the public
37	42		welfare in the district.
38	43		(c) This chapter and the creation of the district may not be
39	44		interpreted to relieve the city from providing the level of
40	45		services provided to the area in the district as of the effective
41	46		date of the Act enacting this chapter. The district is created to
42	47		supplement and not to supplant the city services provided in the
43	48		district.
44	49		Sec. 3965.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
45	50		(a) The district is created to serve a public use and benefit.
46	51		(b) All land and other property included in the district
47	52		will benefit from the improvements and services to be provided by
48	53		the district under powers conferred by Sections 52 and 52-a,
49	54		Article III, and Section 59, Article XVI, Texas Constitution, and
50	55		other powers granted under this chapter.
51	56		(c) The district is created to accomplish the purposes of a
52	57		municipal management district as provided by general law and
53	58		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
54	59		Texas Constitution.
55	60		(d) The creation of the district is in the public interest
56	61		and is essential to:
57	62		(1) further the public purposes of developing and
58	63		diversifying the economy of the state;
59	64		(2) eliminate unemployment and underemployment;
60	65		(3) develop or expand transportation and commerce; and
61	66		(4) provide quality residential housing.
62	67		(e) The district will:
63	68		(1) promote the health, safety, and general welfare of
64	69		residents, employers, potential employees, employees, visitors,
65	70		and consumers in the district, and of the public;
66	71		(2) provide needed funding for the district to
67	72		preserve, maintain, and enhance the economic health and vitality of
68	73		the district territory as a community and business center; and
69	74		(3) promote the health, safety, welfare, and enjoyment
70	75		of the public by providing pedestrian ways and by landscaping and
71	76		developing certain areas in the district, which are necessary for
72	77		the restoration, preservation, and enhancement of scenic beauty.
73	78		(f) Pedestrian ways along or across a street, whether at
74	79		grade or above or below the surface, and street lighting, street
75	80		landscaping, parking, and street art objects are parts of and
76	81		necessary components of a street and are considered to be a street
77	82		or road improvement.
78	83		(g) The district will not act as the agent or
79	84		instrumentality of any private interest even though the district
80	85		will benefit many private interests as well as the public.
81	86		Sec. 3965.0105. DISTRICT TERRITORY. (a) The district is
82	87		composed of the territory described by Section 2 of the Act enacting
83	88		this chapter, as that territory may have been modified under other
84	89		law.
85	90		(b) The boundaries and field notes contained in Section 2 of
86	91		the Act enacting this chapter form a closure. A mistake in the
87	92		field notes or in copying the field notes in the legislative process
88	93		does not affect the district's:
89	94		(1) organization, existence, or validity;
90	95		(2) right to contract;
91	96		(3) authority to borrow money or issue bonds or other
92	97		obligations described by Section 3965.0601 or to pay the principal
93	98		and interest of the bonds or other obligations;
94	99		(4) right to impose or collect an assessment, or
95	100		collect other revenue; or
96	101		(5) legality or operation.
97	102		Sec. 3965.0106. APPLICABILITY OF MUNICIPAL MANAGEMENT
98	103		DISTRICTS LAW. Except as otherwise provided by this chapter,
99	104		Chapter 375, Local Government Code, applies to the district.
100	105		Sec. 3965.0107. CONSTRUCTION OF CHAPTER. This chapter
101	106		shall be liberally construed in conformity with the findings and
102	107		purposes stated in this chapter.
103	108		Sec. 3965.0108. CONFLICTS OF LAW. This chapter prevails
104	109		over any provision of Chapter 375, Local Government Code, that is in
105	110		conflict or inconsistent with this chapter.
106	111		Sec. 3965.0109. CONSENT OF MUNICIPALITY REQUIRED. The
107	112		board may not hold an election to authorize the issuance of bonds
108	113		until the governing body of the city by ordinance or resolution
109	114		consents to the creation of the district and to the inclusion of
110	115		land in the district. The city's consent must be granted in the
111	116		manner provided by Section 54.016, Water Code, for including land
112	117		within the corporate limits or extraterritorial jurisdiction of a
113	118		city.
114	119		Sec. 3965.0110. EFFECT OF ANNEXATION. Notwithstanding any
115	120		other law, if all or any part of the territory of the district is
116	121		annexed by the city into the city's corporate limits, the district
117	122		retains all of the district's outstanding debt and obligations and
118	123		continues to operate under this chapter until the district is
119	124		dissolved under Subchapter G.
120	125		SUBCHAPTER B. BOARD OF DIRECTORS
121	126		Sec. 3965.0201. GOVERNING BODY; TERMS. The district is
122	127		governed by a board of five directors who serve staggered terms of
123	128		four years, with two or three directors' terms expiring June 1 of
124	129		each odd-numbered year. One director is appointed by the city, and
125	130		four directors are appointed by the commission as provided by
126	131		Sections 3965.0202 and 3965.0203, respectively.
127	132		Sec. 3965.0202. APPOINTMENT AND REMOVAL OF DIRECTOR
128	133		APPOINTED BY CITY. (a) The governing body of the city shall
129	134		appoint one director who must be:
130	135		(1) at least 18 years of age; and
131	136		(2) a resident of the city.
132	137		(b) At any time the governing body of the city may remove the
133	138		director appointed by the city and appoint a director to serve the
134	139		remainder of the removed director's term.
135	140		Sec. 3965.0203. APPOINTMENT BY COMMISSION. (a) Before the
136	141		term of a director other than a director appointed under Section
137	142		3965.0202 expires, the board shall recommend to the commission the
138	143		appropriate number of persons to serve as successor directors. The
139	144		commission shall appoint as directors the persons recommended by
140	145		the board.
141	146		(b) A person recommended by the board under Subsection (a)
142	147		must be:
143	148		(1) at least 18 years of age;
144	149		(2) an owner of property in the district;
145	150		(3) an owner of stock, whether beneficial or
146	151		otherwise, of a corporate owner of property in the district;
147	152		(4) an owner of a beneficial interest in a trust that
148	153		owns property in the district; or
149	154		(5) an agent, employee, or tenant of a person
150	155		described by Subdivision (2), (3), or (4).
151	156		Sec. 3965.0204. VACANCY. If a vacancy occurs on the board,
152	157		the remaining directors shall appoint a director for the remainder
153	158		of the unexpired term.
154	159		Sec. 3965.0205. DIRECTOR'S OATH OR AFFIRMATION. (a) A
155	160		director shall file the director's oath or affirmation of office
156	161		with the district, and the district shall retain the oath or
157	162		affirmation in the district records.
158	163		(b) A director shall file a copy of the director's oath or
159	164		affirmation with the secretary of the city.
160	165		Sec. 3965.0206. OFFICERS. The board shall elect from among
161	166		the directors a chair, a vice chair, and a secretary. The offices
162	167		of chair and secretary may not be held by the same person.
163	168		Sec. 3965.0207. COMPENSATION; EXPENSES. (a) The district
164	169		may compensate each director in an amount not to exceed $150 for
165	170		each board meeting. The total amount of compensation a director may
166	171		receive each year may not exceed $7,200.
167	172		(b) A director is entitled to reimbursement for necessary
168	173		and reasonable expenses incurred in carrying out the duties and
169	174		responsibilities of the board.
170	175		Sec. 3965.0208. LIABILITY INSURANCE. The district may
171	176		obtain and pay for comprehensive general liability insurance
172	177		coverage from a commercial insurance company or other source that
173	178		protects and insures a director against personal liability and from
174	179		all claims relating to:
175	180		(1) actions taken by the director in the director's
176	181		capacity as a member of the board;
177	182		(2) actions and activities taken by the district; or
178	183		(3) the actions of others acting on behalf of the
179	184		district.
180	185		Sec. 3965.0209. NO EXECUTIVE COMMITTEE. The board may not
181	186		create an executive committee to exercise the powers of the board.
182	187		Sec. 3965.0210. BOARD MEETINGS. The board shall hold
183	188		meetings at a place that is accessible to the public and located in
184	189		the district or in the city.
185	190		Sec. 3965.0211. INITIAL DIRECTORS. (a) On or after
186	191		September 1, 2019, the owner or owners of a majority of the assessed
187	192		value of the real property in the district according to the most
188	193		recent certified tax appraisal rolls for the county may submit a
189	194		petition to the commission requesting that the commission appoint
190	195		as initial directors the four persons named in the petition. The
191	196		commission shall appoint as initial directors the four persons
192	197		named in the petition.
193	198		(b) The governing body of the city shall appoint one initial
194	199		director.
195	200		(c) The initial directors shall determine by lot which three
196	201		positions expire June 1, 2021, and which two positions expire June
197	202		1, 2023.
198	203		(d) This section expires September 1, 2021.
199	204		SUBCHAPTER C. POWERS AND DUTIES
200	205		Sec. 3965.0301. GENERAL POWERS AND DUTIES. The district
201	206		has the powers and duties necessary to accomplish the purposes for
202	207		which the district is created.
203	208		Sec. 3965.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
204	209		Subject to Subsection (b), the district may provide, design,
205	210		construct, acquire, improve, relocate, operate, maintain, or
206	211		finance an improvement project or service using money available to
207	212		the district, or contract with a governmental or private entity to
208	213		provide, design, construct, acquire, improve, relocate, operate,
209	214		maintain, or finance an improvement project or service authorized
210	215		under this chapter or Chapter 375, Local Government Code.
211	216		(b) The district may not construct or finance an improvement
212	217		project, other than a water, sewer, or drainage facility or road,
213	218		unless the governing body of the city by ordinance or resolution
214	219		consents to the construction or financing.
215	220		(c) The district may issue bonds, notes, or other
216	221		obligations to maintain or repair an existing improvement project
217	222		only if the governing body of the city by ordinance or resolution
218	223		consents to the issuance.
219	224		Sec. 3965.0303. LOCATION OF IMPROVEMENT PROJECT. A
220	225		district improvement project may be located inside or outside of
221	226		the district.
222	227		Sec. 3965.0304. OWNERSHIP OF IMPROVEMENT PROJECTS. (a)
223	228		Before a district improvement project may be put into operation,
224	229		the district must transfer ownership of the project to the city.
225	230		(b) The transfer of ownership is complete on the city's
226	231		acceptance of ownership.
227	232		Sec. 3965.0305. RETAIL WATER AND SEWER SERVICES PROHIBITED.
228	233		The district may not provide retail water or sewer services.
229	234		Sec. 3965.0306. ADDING OR REMOVING TERRITORY. (a) Subject
230	235		to Subsections (b), (c), and (d), the board may add or remove
231	236		territory as provided by Subchapter J, Chapter 49, Water Code.
232	237		(b) The district may add territory as described by
233	238		Subsection (a) only if the governing body of the city by ordinance
234	239		or resolution consents to the addition.
235	240		(c) The district and all districts created under Subchapter
236	241		D collectively may add a total area of not more than 200 acres.
237	242		(d) Territory added under Subsection (a) must be located in
238	243		the corporate limits of the city.
239	244		Sec. 3965.0307. NO EMINENT DOMAIN POWER. The district may
240	245		not exercise the power of eminent domain.
241	246		SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
242	247		Sec. 3965.0401. DIVISION OF DISTRICT; PREREQUISITES. The
243	248		district, including territory added to the district under Section
244	249		3965.0306, may be divided into two or more new districts only if the
245	250		district has no outstanding bonded debt. Territory previously
246	251		added to the district under Section 3965.0306 may be included in a
247	252		new district.
248	253		Sec. 3965.0402. LAW APPLICABLE TO NEW DISTRICT. This
249	254		chapter applies to any new district created by division of the
250	255		district, and a new district has all the powers and duties of the
251	256		district.
252	257		Sec. 3965.0403. DIVISION PROCEDURES. (a) The board, on its
253	258		own motion or on receipt of a petition signed by an owner of real
254	259		property in the district, may adopt an order proposing to divide the
255	260		district.
256	261		(b) If the board decides to divide the district, the board
257	262		shall:
258	263		(1) set the terms of the division, including names for
259	264		the new districts and a plan for the payment or performance of any
260	265		outstanding district obligations;
261	266		(2) prepare a metes and bounds description for each
262	267		proposed district; and
263	268		(3) appoint four initial directors for each new
264	269		district.
265	270		(c) The governing body of the city shall appoint one
266	271		director for each new district.
267	272		Sec. 3965.0404. CONTRACT AUTHORITY OF NEW DISTRICTS. The
268	273		new districts may contract with each other for any matter the boards
269	274		of the new districts consider appropriate, including the joint
270	275		construction or financing of a utility improvement.
271	276		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
272	277		Sec. 3965.0501. DISBURSEMENTS AND TRANSFERS OF MONEY. The
273	278		board by resolution shall establish the number of directors'
274	279		signatures and the procedure required for a disbursement or
275	280		transfer of the district's money.
276	281		Sec. 3965.0502. MONEY USED FOR IMPROVEMENTS OR SERVICES.
277	282		The district may acquire, construct, or finance an improvement
278	283		project or service authorized by this chapter or Chapter 375, Local
279	284		Government Code, using any money available to the district.
280	285		Sec. 3965.0503. METHOD OF NOTICE FOR HEARING. The district
281	286		may mail the notice required by Section 375.115(c), Local
282	287		Government Code, by certified or first class United States mail.
283	288		The board shall determine the method of notice.
284	289		Sec. 3965.0504. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
285	290		The board by resolution may impose and collect an assessment for any
286	291		purpose authorized by this chapter in all or any part of the
287	292		district.
288	293		(b) An assessment, a reassessment, or an assessment
289	294		resulting from an addition to or correction of the assessment roll
290	295		by the district, penalties and interest on an assessment or
291	296		reassessment, an expense of collection, and reasonable attorney's
292	297		fees incurred by the district are:
293	298		(1) a first and prior lien against the property
294	299		assessed;
295	300		(2) superior to any other lien or claim other than a
296	301		lien or claim for county, school district, or municipal ad valorem
297	302		taxes; and
298	303		(3) the personal liability of and a charge against the
299	304		owners of the property even if the owners are not named in the
300	305		assessment proceedings.
301	306		(c) The lien is effective from the date of the board's
302	307		resolution imposing the assessment until the date the assessment is
303	308		paid. The board may enforce the lien in the same manner that the
304	309		board may enforce an ad valorem tax lien against real property.
305	310		(d) The board may make a correction to or deletion from the
306	311		assessment roll that does not increase the amount of assessment of
307	312		any parcel of land without providing notice and holding a hearing in
308	313		the manner required for additional assessments.
309	314		(e) The district may not impose an assessment on a
310	315		municipality, county, or other political subdivision.
311	316		Sec. 3965.0505. NOTICE OF ASSESSMENTS. Annually, the board
312	317		shall file with the secretary of the city written notice that
313	318		specifies the assessments the district will impose in the
314	319		district's next fiscal year in sufficient clarity to describe the
315	320		assessments for the operation and maintenance of the district and
316	321		the assessments for the payment of debt service of obligations
317	322		issued or incurred by the district.
318	323		SUBCHAPTER F. TAXES AND BONDS
319	324		Sec. 3965.0601. BONDS AND OTHER OBLIGATIONS. (a) The
320	325		district may issue, by public or private sale, bonds, notes, or
321	326		other obligations payable wholly or partly from ad valorem taxes or
322	327		assessments in the manner provided by Subchapter A, Chapter 372, or
323	328		Subchapter J, Chapter 375, Local Government Code. Sections
324	329		375.207(a) and (b), Local Government Code, do not apply to the
325	330		district.
326	331		(b) In exercising the district's borrowing power, the
327	332		district may issue a bond or other obligation in the form of a bond,
328	333		note, certificate of participation or other instrument evidencing a
329	334		proportionate interest in payments to be made by the district, or
330	335		other type of obligation.
331	336		(c) In addition to the sources of money described by
332	337		Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
333	338		Government Code, district bonds may be secured and made payable
334	339		wholly or partly by a pledge of any part of the money the district
335	340		receives from improvement revenue or from any other source.
336	341		(d) Not later than the 30th day before the date the district
337	342		holds a bond sale, the district shall provide the governing body of
338	343		the city written notice of the sale.
339	344		SUBCHAPTER G. DISSOLUTION
340	345		Sec. 3965.0701. DISSOLUTION BY CITY ORDINANCE. (a) The
341	346		governing body of the city may dissolve the district by ordinance.
342	347		(b) The governing body may not dissolve the district until:
343	348		(1) water, sanitary, sewer, and drainage improvements
344	349		and roads have been constructed to serve at least 90 percent of the
345	350		developable territory of the district; and
346	351		(2) the district has reimbursed each party that has an
347	352		agreement with the district for all costs advanced to or on behalf
348	353		of the district.
349	354		(c) Until the district is dissolved, the district is
350	355		responsible for all bonds and other obligations of the district.
351	356		Sec. 3965.0702. COLLECTION OF ASSESSMENTS AND OTHER
352	357		REVENUE. (a) If the dissolved district has bonds or other
353	358		obligations outstanding secured by and payable from assessments or
354	359		other revenue, other than revenue from ad valorem taxes, the city
355	360		shall succeed to the rights and obligations of the district
356	361		regarding enforcement and collection of the assessments or other
357	362		revenue.
358	363		(b) The city shall have and exercise all district powers to
359	364		enforce and collect the assessments or other revenue to pay:
360	365		(1) the bonds or other obligations when due and
361	366		payable according to their terms; or
362	367		(2) special revenue or assessment bonds or other
363	368		obligations issued by the city to refund the outstanding bonds or
364	369		obligations.
365	370		Sec. 3965.0703. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
366	371		After the city dissolves the district, the city assumes, subject to
367	372		the appropriation and availability of funds, the obligations of the
368	373		district, including any bonds or other debt payable from
369	374		assessments or other district revenue.
370	375		(b) If the city dissolves the district, the board shall
371	376		transfer ownership of all district property to the city.
372	377		SUBCHAPTER H. SPECIAL BOND PROVISIONS
373	378		Sec. 3965.0801. APPLICABILITY. This subchapter applies
374	379		only to bonds payable wholly or partly from revenue derived from
375	380		assessments on real property in the district.
376	381		Sec. 3965.0802. CONFLICT OF LAWS. In the event of a
377	382		conflict between this subchapter and any other law, this subchapter
378	383		prevails.
379	384		Sec. 3965.0803. WRITTEN AGREEMENT REGARDING SPECIAL
380	385		APPRAISALS. Before the district may issue bonds, the district and
381	386		any person to whom the board intends that proceeds of the bonds be
382	387		distributed, including the developer, another owner of land in the
383	388		district, and any entity acting as a lender to the developer or
384	389		other landowner for the purpose of a project relating to the
385	390		district, must enter into a written agreement that:
386	391		(1) waives for the term of the agreement the right to a
387	392		special appraisal with respect to taxation by the district under
388	393		Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and
389	394		(2) remains in effect for 30 years and is binding on
390	395		the parties, on entities related to or affiliated with the parties,
391	396		and on their successors and assignees.
392	397		Sec. 3965.0804. REQUIREMENTS FOR ADVERTISING BOND ISSUE. A
393	398		district may not advertise for an issuance of bonds until the
394	399		completion of at least 25 percent of the projected value of the
395	400		improvements, including houses and other buildings, that are liable
396	401		for district assessments and necessary to support the district
397	402		bonds.
398	403		Sec. 3965.0805. REQUIREMENTS FOR BOND ISSUE. The district
399	404		may not issue bonds until:
400	405		(1) the district submits to the commission:
401	406		(A) an engineer's report describing the project
402	407		for which the bonds will provide funding, including data, profiles,
403	408		maps, plans, and specifications related to the project; and
404	409		(B) a cash flow analysis to determine the
405	410		projected rate of assessment, which includes the following
406	411		assumptions:
407	412		(i) each ending balance for debt service in
408	413		the analysis is not less than 25 percent of the following year's
409	414		debt service requirement;
410	415		(ii) interest income is only shown on the
411	416		ending balance for debt service for the first two years; and
412	417		(iii) the projected rate of assessment is
413	418		level or decreasing for the life of the bonds issued by the
414	419		district;
415	420		(2) the completion of at least 75 percent of the
416	421		projected value of the improvements, including houses and other
417	422		buildings, that are liable for district assessments and necessary
418	423		to support the district bonds; and
419	424		(3) the district has obtained an independent market
420	425		study from a firm recognized in the area of real estate market
421	426		analysis supporting the development projects for the real property
422	427		that is liable for district assessments and necessary to support
423	428		the district bonds.
424	429		Sec. 3965.0806. REQUIREMENTS FOR COLLECTION OF REVENUE TO
425	430		PAY BONDS. The district may not collect an assessment to be used
426	431		for the payment of bonds until:
427	432		(1) the completion of at least 95 percent of the
428	433		underground water, wastewater, and drainage facilities financed
429	434		from bond proceeds that are necessary to serve the projected
430	435		build-out, as certified by the district's engineer;
431	436		(2) the district or other appropriate party has
432	437		secured the groundwater, surface water, and water discharge permits
433	438		that are necessary to secure capacity to support the projected
434	439		build-out;
435	440		(3) the completion of at least 95 percent of lift
436	441		station, water plant, and sewage treatment plant capacity
437	442		sufficient to serve the connections constructed in the project for
438	443		a period of not less than 18 months, as certified by the district's
439	444		engineer; and
440	445		(4) the completion of at least 95 percent of the
441	446		streets and roads that are necessary to provide access to the areas
442	447		served by utilities and financed by the proceeds of bonds issued by
443	448		the district, as certified by the district's engineer and
444	449		constructed in accordance with municipal or county standards.
445	450		SECTION 2. The Celina Municipal Management District No. 3
446	451		initially includes all the territory contained in the following
447	452		area:
448	453		All that certain tract or parcel of land lying and being situated in
449	454		Denton County, Texas, a part of the Texas & Pacific Railway Survey,
450	455		Abstract No. 1299, and being and including all that same tract said
451	456		to contain 61.58 acres, more or less, as described in a deed to
452	457		Godwin Family Investments, Ltd., recorded under Clerk's File
453	458		No. 04-0035436, said tract or parcel of land is herein described as
454	459		follows to wit:
455	460		BEGINNING at an 1/2 inch iron rod set in Smiley Road (a County Road
456	461		running in a Northerly and Southerly direction) for the Northeast
457	462		corner of said Texas & Pacific Railway Survey and the Northeast
458	463		corner of the premises here described, said corner being the
459	464		Southeast corner of WILLOW WOOD, an addition to Denton County
460	465		according to the plat thereof recorded in Cabinet M, page 260 of the
461	466		Denton County Plat Records, an 1/2 inch iron rod found for witness
462	467		bears North89 degrees 44 minutes 31 seconds West 27.56 feet;
463	468		THENCE with Smiley Road and the East line of said Texas & Pacific
464	469		Railway Survey, South 00 degrees 30 minutes 10 seconds West 1321.66
465	470		feet to an 1/2 inch iron rod found for corner, said corner being the
466	471		Northeast corner of a record 62.35 acre tract described in a deed to
467	472		Sekine Saraj, et al, recorded under Clerk's File No. 04-0005473;
468	473		THENCE North 89 degrees 25 minutes 27 seconds West at 28.05 feet
469	474		passing an 1/2 inch iron rod set for witness on the West margin of
470	475		Smiley Road and in all a total distance of 2040.69 feet to a 3/4 inch
471	476		iron rod found for the Northwestcorner of said 62.35 acre tract and
472	477		the Southeast corner hereof;
473	478		THENCE North 01 degrees 05 minutes 30 seconds East 18.26 feet to an
474	479		1/2 inch iron rod found for corner, same being an angle point in the
475	480		East line of a record 324.61 acre tract described in a Deed to Rita
476	481		A. Sorrells, recorded in Volume 4381, Page 1 of the Real Property
477	482		Records of Denton County;
478	483		THENCE North 00 degrees 44 minutes 22 seconds East 856.37 feet to an
479	484		1/2 inch iron rod found at an angle point of said 324.61 acre tract;
480	485		THENCE North 00 degrees 43 minutes 49 seconds East 435.74 feet to an
481	486		1/2 inch iron rod found for corner on the North line of said Texas &
482	487		Pacific Railway Survey, said corner being a Northeasterly corner of
483	488		said 324.61 acre tract, said corner also being the Southwest corner
484	489		of said WILLOW Wood Addition;
485	490		THENCE along the South line of WILLOW WOOD addition, South 89
486	491		degrees 44 minutes 31 seconds East a distance of 2035.25 feet to the
487	492		Place of BEGINNING and containing 61.57 acres of land.
488	493		All that certain tract or parcel of land lying and being situated in
489	494		Denton County, Texas, a part of the W.S. Ray Survey, Abstract
490	495		No. 1105, the A.E. Norwood Survey, Abstract No. 969, the J. Ray
491	496		Survey, Abstract No. 1104, the T. & P. Railroad Survey, Abstract
492	497		No. 1299 and the Thomas B. Cox Survey, Abstract No. 309, and being
493	498		and including all that same land conveyed to Rita L. SorrelIs in a
494	499		Correction Substitute Trustee's Deed recorded in Volume 4381, page
495	500		1 of the Real Property Records of Denton County, said tract or
496	501		parcel of land is herein described as follows; to wit:
497	502		BEGINNING at an 1/2 inch iron rod found on the Southeast
498	503		right-of-way line of F.M. Highway No. 428 at the Northerly
499	504		termination corner of a boundary line described in a Boundary Line
500	505		Agreement recorded under Denton County Clerk's File
501	506		No. 98-R0022137, said corner being the Northwest corner of the
502	507		premises herein described,
503	508		THENCE along the Southeast right-of-way line of said F.M. Highway
504	509		as follows:
505	510		1) North 48 degrees 43 minutes 38 seconds East 1792.49 feet to an
506	511		1/2 inch iron rod found;
507	512		2) North 48 degrees 44 minutes 09 seconds East 248.64 feet to an
508	513		1/2 inch iron rod found;
509	514		3) North 45 degrees 58 minutes 51 seconds East 100.06 feet to an
510	515		1/2 inch iron rod found, and
511	516		4) North 48 degrees 43 minutes 17 seconds East 673.75 feet to an
512	517		1/2 inch iron rod found for the Northeast corner hereof, said corner
513	518		being the Northwest corner of the Willow Wood, an addition to Denton
514	519		County according to the plat thereof recorded in Cabinet M, page 260
515	520		of the Plat Records of Denton County;
516	521		THENCE South 22 degrees 31 minutes 00 seconds East 1066.49 feet to
517	522		an 1/2 inch iron rod found at an angle corner hereof, said corner
518	523		being a Southwesterly corner of said Willow Wood;
519	524		THENCE South 46 degrees 49 minutes 39 seconds East 640.13 feet to an
520	525		1/2 inch iron rod found for corner, said corner being the Southwest
521	526		corner of Willow Wood;
522	527		THENCE South 00 degrees 45 minutes 11 seconds West 436.11 feet to an
523	528		1/2 inch iron rod found for corner;
524	529		THENCE South 00 degrees 44 minutes 22 seconds West 856.37 feet to an
525	530		1/2 inch iron rod found for corner;
526	531		THENCE South 01 degrees 05 minutes 30 seconds West 18.26 feet to a
527	532		3/4 inch iron rod found at the Southwest corner of a record 61.58
528	533		acre tract described in a Deed recorded in Volume 1554, page 883 of
529	534		the Real Property Records of Denton County;
530	535		THENCE South 00 degrees 33 minutes 36 seconds West 1324.91 feet to
531	536		an 1/2 inch iron rod found for corner;
532	537		THENCE South 89 degrees 51 minutes 55 seconds West 704.96 feet to an
533	538		1/2 inch iron rod found for a re-entrant corner hereof;
534	539		THENCE South 00 degrees 26 minutes 35 seconds West 1810.06 feet to
535	540		an 1/2 inch iron rod found for corner;
536	541		THENCE South 00 degrees 00 minutes 58 seconds West 865.64 feet to an
537	542		1/2 inch iron rod found in the center of an unimproved lane known as
538	543		Crutchfield Road;
539	544		THENCE North 89 degrees 36 minutes 31 seconds West along a line
540	545		following the approximate center of said unimproved lane a distance
541	546		of 1947.13 feet to a point for the Southeast corner of a record
542	547		40.00 acre tract described in a Deed to Frisco West, LTD., recorded
543	548		under Denton County Clerk's File No. 97-R0090325, said corner being
544	549		the Southwest corner hereof;
545	550		THENCE North 00 degrees 13 minutes 01 seconds East 4017.88 feet to
546	551		an 1/2 inch iron rod found at the Northeast corner of said record
547	552		40.00 acre tract for a re-entrant corner hereof;
548	553		THENCE North 88 degrees 52 minutes 02 seconds West 310.88 feet to an
549	554		1/2 inch iron rod found for a corner of said boundary line described
550	555		in said Boundary Line Agreement;
551	556		THENCE North 00 degrees 17 minutes 43 seconds East a distance of
552	557		838.26 feet to the Place of BEGINNING and containing 324.64 acres of
553	558		land.
554	559		SECTION 3. (a) The legal notice of the intention to
555	560		introduce this Act, setting forth the general substance of this
556	561		Act, has been published as provided by law, and the notice and a
557	562		copy of this Act have been furnished to all persons, agencies,
558	563		officials, or entities to which they are required to be furnished
559	564		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
560	565		Government Code.
561	566		(b) The governor, one of the required recipients, has
562	567		submitted the notice and Act to the Texas Commission on
563	568		Environmental Quality.
564	569		(c) The Texas Commission on Environmental Quality has filed
565	570		its recommendations relating to this Act with the governor,
566	571		lieutenant governor, and speaker of the house of representatives
567	572		within the required time.
568	573		(d) All requirements of the constitution and laws of this
569	574		state and the rules and procedures of the legislature with respect
570	575		to the notice, introduction, and passage of this Act have been
571	576		fulfilled and accomplished.
572	577		SECTION 4. This Act takes effect September 1, 2019.
573		-	______________________________ ______________________________
574		-	President of the Senate Speaker of the House
575		-	I certify that H.B. No. 3436 was passed by the House on May 3,
576		-	2019, by the following vote: Yeas 126, Nays 14, 2 present, not
577		-	voting.
578		-	______________________________
579		-	Chief Clerk of the House
580		-	I certify that H.B. No. 3436 was passed by the Senate on May
581		-	22, 2019, by the following vote: Yeas 28, Nays 3.
582		-	______________________________
583		-	Secretary of the Senate
584		-	APPROVED: _____________________
585		-	Date
586		-	_____________________
587		-	Governor
	578	+	* * * * *