Texas 2019 - 86th Regular

Texas House Bill HB4638 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4638
	1	+	By: Parker (Senate Sponsor - Fallon) H.B. No. 4638
	2	+	(In the Senate - Received from the House April 29, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 9, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 9, 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 Bear Creek Ranch Municipal Utility
6	12		District No. 1 of Parker County; granting a limited power of eminent
7	13		domain; providing authority to issue bonds; providing authority to
8	14		impose assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 8078 to read as follows:
12	18		CHAPTER 8078. BEAR CREEK RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF
13	19		PARKER COUNTY
14	20		SUBCHAPTER A. GENERAL PROVISIONS
15	21		Sec. 8078.0101. DEFINITIONS. In this chapter:
16	22		(1) "Board" means the district's board of directors.
17	23		(2) "Commission" means the Texas Commission on
18	24		Environmental Quality.
19	25		(3) "Director" means a board member.
20	26		(4) "District" means the Bear Creek Ranch Municipal
21	27		Utility District No. 1 of Parker County.
22	28		Sec. 8078.0102. NATURE OF DISTRICT. The district is a
23	29		municipal utility district created under Section 59, Article XVI,
24	30		Texas Constitution.
25	31		Sec. 8078.0103. CONFIRMATION AND DIRECTOR ELECTION
26	32		REQUIRED. The temporary directors shall hold an election to
27	33		confirm the creation of the district and to elect five permanent
28	34		directors as provided by Section 49.102, Water Code.
29	35		Sec. 8078.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	36		temporary directors may not hold an election under Section
31	37		8078.0103 until each municipality in whose corporate limits or
32	38		extraterritorial jurisdiction the district is located has
33	39		consented by ordinance or resolution to the creation of the
34	40		district and to the inclusion of land in the district.
35	41		Sec. 8078.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	42		(a) The district is created to serve a public purpose and benefit.
37	43		(b) The district is created to accomplish the purposes of:
38	44		(1) a municipal utility district as provided by
39	45		general law and Section 59, Article XVI, Texas Constitution; and
40	46		(2) Section 52, Article III, Texas Constitution, that
41	47		relate to the construction, acquisition, improvement, operation,
42	48		or maintenance of macadamized, graveled, or paved roads, or
43	49		improvements, including storm drainage, in aid of those roads.
44	50		Sec. 8078.0106. INITIAL DISTRICT TERRITORY. (a) The
45	51		district is initially composed of the territory described by
46	52		Section 2 of the Act enacting this chapter.
47	53		(b) The boundaries and field notes contained in Section 2 of
48	54		the Act enacting this chapter form a closure. A mistake made in the
49	55		field notes or in copying the field notes in the legislative process
50	56		does not affect the district's:
51	57		(1) organization, existence, or validity;
52	58		(2) right to issue any type of bond for the purposes
53	59		for which the district is created or to pay the principal of and
54	60		interest on a bond;
55	61		(3) right to impose a tax; or
56	62		(4) legality or operation.
57	63		SUBCHAPTER B. BOARD OF DIRECTORS
58		-	Sec. 8078.0201. GOVERNING BODY; TERMS. (a) The district is
59		-	governed by a board of five elected directors.
	64	+	Sec. 8078.0201. GOVERNING BODY; TERMS. (a) The district
	65	+	is governed by a board of five elected directors.
60	66		(b) Except as provided by Section 8078.0202, directors
61	67		serve staggered four-year terms.
62	68		Sec. 8078.0202. TEMPORARY DIRECTORS. (a) On or after
63	69		September 1, 2019, the owner or owners of a majority of the assessed
64	70		value of the real property in the district may submit a petition to
65	71		the commission requesting that the commission appoint as temporary
66	72		directors the five persons named in the petition. The commission
67	73		shall appoint as temporary directors the five persons named in the
68	74		petition.
69	75		(b) Temporary directors serve until the earlier of:
70	76		(1) the date permanent directors are elected under
71	77		Section 8078.0103; or
72	78		(2) September 1, 2023.
73	79		(c) If permanent directors have not been elected under
74	80		Section 8078.0103 and the terms of the temporary directors have
75	81		expired, successor temporary directors shall be appointed or
76	82		reappointed as provided by Subsection (d) to serve terms that
77	83		expire on the earlier of:
78	84		(1) the date permanent directors are elected under
79	85		Section 8078.0103; or
80	86		(2) the fourth anniversary of the date of the
81	87		appointment or reappointment.
82	88		(d) If Subsection (c) applies, the owner or owners of a
83	89		majority of the assessed value of the real property in the district
84	90		may submit a petition to the commission requesting that the
85	91		commission appoint as successor temporary directors the five
86	92		persons named in the petition. The commission shall appoint as
87	93		successor temporary directors the five persons named in the
88	94		petition.
89	95		SUBCHAPTER C. POWERS AND DUTIES
90	96		Sec. 8078.0301. GENERAL POWERS AND DUTIES. The district
91	97		has the powers and duties necessary to accomplish the purposes for
92	98		which the district is created.
93	99		Sec. 8078.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	100		DUTIES. The district has the powers and duties provided by the
95	101		general law of this state, including Chapters 49 and 54, Water Code,
96	102		applicable to municipal utility districts created under Section 59,
97	103		Article XVI, Texas Constitution.
98	104		Sec. 8078.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	105		52, Article III, Texas Constitution, the district may design,
100	106		acquire, construct, finance, issue bonds for, improve, operate,
101	107		maintain, and convey to this state, a county, or a municipality for
102	108		operation and maintenance macadamized, graveled, or paved roads, or
103	109		improvements, including storm drainage, in aid of those roads.
104	110		Sec. 8078.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	111		road project must meet all applicable construction standards,
106	112		zoning and subdivision requirements, and regulations of each
107	113		municipality in whose corporate limits or extraterritorial
108	114		jurisdiction the road project is located.
109	115		(b) If a road project is not located in the corporate limits
110	116		or extraterritorial jurisdiction of a municipality, the road
111	117		project must meet all applicable construction standards,
112	118		subdivision requirements, and regulations of each county in which
113	119		the road project is located.
114	120		(c) If the state will maintain and operate the road, the
115	121		Texas Transportation Commission must approve the plans and
116	122		specifications of the road project.
117	123		Sec. 8078.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	124		ORDINANCE OR RESOLUTION. The district shall comply with all
119	125		applicable requirements of any ordinance or resolution that is
120	126		adopted under Section 54.016 or 54.0165, Water Code, and that
121	127		consents to the creation of the district or to the inclusion of land
122	128		in the district.
123		-	Sec. 8078.0306. DIVISION OF DISTRICT. (a) The district ~~may~~
124		-	be divided into two or more new districts only if the district:
	129	+	Sec. 8078.0306. DIVISION OF DISTRICT. (a) The district
	130	+	may be divided into two or more new districts only if the district:
125	131		(1) has no outstanding bonded debt; and
126	132		(2) is not imposing ad valorem taxes.
127	133		(b) This chapter applies to any new district created by the
128	134		division of the district, and a new district has all the powers and
129	135		duties of the district.
130	136		(c) Any new district created by the division of the district
131	137		may not, at the time the new district is created, contain any land
132	138		outside the area described by Section 2 of the Act enacting this
133	139		chapter.
134	140		(d) The board, on its own motion or on receipt of a petition
135	141		signed by the owner or owners of a majority of the assessed value of
136	142		the real property in the district, may adopt an order dividing the
137	143		district.
138	144		(e) The board may adopt an order dividing the district
139	145		before or after the date the board holds an election under Section
140	146		8078.0103 to confirm the district's creation.
141	147		(f) An order dividing the district shall:
142	148		(1) name each new district;
143	149		(2) include the metes and bounds description of the
144	150		territory of each new district;
145	151		(3) appoint temporary directors for each new district;
146	152		and
147	153		(4) provide for the division of assets and liabilities
148	154		between or among the new districts.
149	155		(g) On or before the 30th day after the date of adoption of
150	156		an order dividing the district, the district shall file the order
151	157		with the commission and record the order in the real property
152	158		records of each county in which the district is located.
153	159		(h) Any new district created by the division of the district
154	160		shall hold a confirmation and directors' election as required by
155	161		Section 8078.0103. If the voters of a new district do not confirm
156	162		the creation of the new district, the assets, obligations,
157	163		territory, and governance of the new district revert to the
158	164		original district.
159	165		(i) Municipal consent to the creation of the district and to
160	166		the inclusion of land in the district granted under Section
161	167		8078.0104 acts as municipal consent to the creation of any new
162	168		district created by the division of the district and to the
163	169		inclusion of land in the new district.
164	170		(j) Any new district created by the division of the district
165	171		must hold an election as required by this chapter to obtain voter
166	172		approval before the district may impose a maintenance tax or issue
167	173		bonds payable wholly or partly from ad valorem taxes.
168	174		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
169		-	Sec. 8078.0401. ELECTIONS REGARDING TAXES OR BONDS. ~~(a)~~
170		-	The district may issue, without an election, bonds and other
	175	+	Sec. 8078.0401. ELECTIONS REGARDING TAXES OR BONDS.
	176	+	(a) The district may issue, without an election, bonds and other
171	177		obligations secured by:
172	178		(1) revenue other than ad valorem taxes; or
173	179		(2) contract payments described by Section 8078.0403.
174	180		(b) The district must hold an election in the manner
175	181		provided by Chapters 49 and 54, Water Code, to obtain voter approval
176	182		before the district may impose an ad valorem tax or issue bonds
177	183		payable from ad valorem taxes.
178	184		(c) The district may not issue bonds payable from ad valorem
179	185		taxes to finance a road project unless the issuance is approved by a
180	186		vote of a two-thirds majority of the district voters voting at an
181	187		election held for that purpose.
182	188		Sec. 8078.0402. OPERATION AND MAINTENANCE TAX. (a) If
183	189		authorized at an election held under Section 8078.0401, the
184	190		district may impose an operation and maintenance tax on taxable
185	191		property in the district in accordance with Section 49.107, Water
186	192		Code.
187	193		(b) The board shall determine the tax rate. The rate may not
188	194		exceed the rate approved at the election.
189	195		Sec. 8078.0403. CONTRACT TAXES. (a) In accordance with
190	196		Section 49.108, Water Code, the district may impose a tax other than
191	197		an operation and maintenance tax and use the revenue derived from
192	198		the tax to make payments under a contract after the provisions of
193	199		the contract have been approved by a majority of the district voters
194	200		voting at an election held for that purpose.
195	201		(b) A contract approved by the district voters may contain a
196	202		provision stating that the contract may be modified or amended by
197	203		the board without further voter approval.
198	204		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
199	205		Sec. 8078.0501. AUTHORITY TO ISSUE BONDS AND OTHER
200	206		OBLIGATIONS. The district may issue bonds or other obligations
201	207		payable wholly or partly from ad valorem taxes, impact fees,
202	208		revenue, contract payments, grants, or other district money, or any
203	209		combination of those sources, to pay for any authorized district
204	210		purpose.
205	211		Sec. 8078.0502. TAXES FOR BONDS. At the time the district
206	212		issues bonds payable wholly or partly from ad valorem taxes, the
207	213		board shall provide for the annual imposition of a continuing
208	214		direct ad valorem tax, without limit as to rate or amount, while all
209	215		or part of the bonds are outstanding as required and in the manner
210	216		provided by Sections 54.601 and 54.602, Water Code.
211	217		Sec. 8078.0503. BONDS FOR ROAD PROJECTS. At the time of
212	218		issuance, the total principal amount of bonds or other obligations
213	219		issued or incurred to finance road projects and payable from ad
214	220		valorem taxes may not exceed one-fourth of the assessed value of the
215	221		real property in the district.
216	222		SECTION 2. The Bear Creek Ranch Municipal Utility District
217	223		No. 1 of Parker County initially includes all the territory
218	224		contained in the following area:
219	225		BEING 2055.70 acres of land situated in the JAMES BRADLEY SURVEY,
220	226		ABSTRACT No. 119, JAMES BRADLEY SURVEY, ABSTRACT No. 120, JOHN D.
221	227		BAY SURVEY, ABSTARCT NO. 195, J.H. REAN SURVEY, ABSTRACT No. 1106,
222	228		T.J. BENDERMAN SURVEY, ABSTRACT No. 2519, I. & G.N. RR. CO.,
223	229		SECTION NO. 3, BLOCK 1, ABSTRACT NO. 1799 and the PETER B. HOLDER
224	230		SURVEY, ABSTRACT No. 614, Parker County, Texas, being a portion of
225	231		those certain tracts of land described in deed as Parcel No. 1 and
226	232		Parcel No. 2, to The Dixon Foundation, recorded in Book 2416, Page
227	233		417, Official Public Records, Parker County, Texas, said 2055.70
228	234		acres being more particularly described as follows:
229	235		BEGINNING at the most westerly northwest corner of said Parcel
230	236		No. 2, in Bear Creek Road (Right-of-Way varies), from which a 2"
231	237		steel fence corner post found in the south line of said Bear Creek
232	238		Road bears S 01°12'56" E, a distance of 40.00 feet, for reference,
233	239		said BEGINNING point having a NAD 83, Zone 4202 (Grid) coordinate
234	240		value of NORTH: 6918277.984 and EAST: 2233063.538, for reference;
235	241		THENCE along Bear Creek Road, as follows:
236	242		S 67°36'03" E, a distance of 3869.57 feet to the most northerly
237	243		northeast corner of said Parcel No. 2;
238	244		S 02°12'27" E, a distance of 1472.57 feet to a point;
239	245		S 55°59'27" E, a distance of 1165.45 feet to a point;
240	246		S 71°46'27" E, a distance of 801.00 feet to a point;
241	247		S 70°43'19" E, a distance of 221.91 feet to a point;
242	248		S 70°45'54 E, a distance of 1742.88 feet to a point for the most
243	249		northerly northeast corner of the herein described 2055.70 acre
244	250		tract;
245	251		THENCE S 24°06'27" W, leaving said Bear Creek Road, passing the
246	252		northwest corner of that certain tract of land described in deed to
247	253		Kevin Reeves, recorded in Instrument Number 2017-02400, Official
248	254		Public Records, Parker County, Texas, and continuing along the most
249	255		west line of said Reeves tract, in all, a distance of 1186.42 feet
250	256		to a point from which a 5/8" iron rod found bears N 60°42'50" W, a
251	257		distance of 0.42 feet, for reference;
252	258		THENCE along the southwesterly lines of said Reeves tract as
253	259		follows:
254	260		S 60°42'50" E, a distance of 230.94 feet to a 5/8" iron rod found;
255	261		S 14°49'14" E, a distance of 744.61 feet to a 5/8" iron rod found;
256	262		N 72°21'34" E, a distance of 390.26 feet to a point from which a 3"
257	263		steel pipe fence post bears N 06°43'26" W, a distance of 1.25 feet
258	264		for reference;
259	265		S 00°10'37" W, a distance of 764.25 feet to a 1/2" iron rod found at
260	266		the southwest corner of said Reeves tract, being in the north line
261	267		of a Seventy (70) foot wide Transmission Easement and Right-of-Way
262	268		recorded in Book 2684, Page 531 and Book 2734, Page 1161, Official
263	269		Public Records, Parker County, Texas;
264	270		THENCE along the south line of said Reeves tract and the north line
265	271		of said Transmission Easement and Right-of-Way, as follows:
266	272		N 89°17'27" E, a distance of 766.57 feet to a point;
267	273		S 87°58'20" E, a distance of 852.96 feet to a point;
268	274		S 87°37'59" E, a distance of 500.58 feet to a point in the west
269	275		occupied line of said Bear Creek Road, at the southeast corner of
270	276		said Reeves tract;
271	277		THENCE S 20°01'40" E, along the west occupied line of said Bear Creek
272	278		Road, a distance of 75.70 feet to a 5/8" capped iron rod found
273	279		stamped "Brooks Baker", being in the most easterly south line of
274	280		said Parcel No. 2;
275	281		THENCE along the most easterly south line of said Parcel No. 2, as
276	282		follows:
277	283		N 87°38'33" W, a distance of 529.23 feet to a point;
278	284		N 87°58'55" W, a distance of 851.08 feet to a point;
279	285		S 89°16'51" W, a distance of 765.97 feet to a point at the most
280	286		southerly southwest corner of said Parcel No. 2 and being in the
281	287		east line of said Parcel No. 1;
282	288		THENCE S 03°54'04" E, along the east line of said Parcel No. 1 and
283	289		along the called east line of said BENDERMAN SURVEY, a distance of
284	290		10017.79 feet to a 2" pipe in concrete at the southeast corner of
285	291		said Parcel No. 1 and being the called southeast corner of said
286	292		BENDERMAN SURVEY;
287	293		THENCE S 89°26'10" W, along the south line of said Parcel No. 1 and
288	294		along the called south line of said BENDERMAN SURVEY, a distance of
289	295		1606.98 feet to a 5/8" capped iron rod found stamped "Brooks Baker";
290	296		THENCE S 89°48'07" W, continuing along the south line of said Parcel
291	297		No. 1 and continuing along the called south line of said BENDERMAN
292	298		SURVEY, a distance of 3711.27 feet to a 2" pipe in concrete found at
293	299		the most southerly southwest corner of said Parcel No. 1;
294	300		THENCE N 01°35'25" W, along the most southerly west line of said
295	301		Parcel No. 1, a distance of 1216.91 feet to a 2" pipe in concrete
296	302		found at an interior corner of said Parcel No. 1 and being in the
297	303		called south line of said J.H. REAN SURVEY;
298	304		THENCE N 89°19'15" W, along the most westerly south line of said
299	305		Parcel No. 1 and along the called south line of said J.H. REAN
300	306		SURVEY, a distance of 660.00 feet to a 2" pipe in concrete found at
301	307		the most westerly southwest corner of said Parcel No. 1 and being
302	308		the called southwest corner of said J.H. REAN SURVEY;
303	309		THENCE along the west line of said Parcel No. 1 and along the called
304	310		west line of said J.H. REAN SURVEY, as follows:
305	311		N 00°01'41" W, a distance of 2676.89 feet to a 5/8" iron rod found;
306	312		N 00°04'03" W, a distance of 1981.74 feet to a 5/8" iron rod found;
307	313		N 00°10'29" E, a distance of 1520.50 feet to a 5/8" iron rod found;
308	314		N 00°04'43" W, a distance of 1097.99 feet to a 5/8" iron rod found;
309	315		N 00°02-24" W, a distance of 901.55 feet to a 1/2" capped iron rod
310	316		set stamped "C.F. Stark RPLS 5084";
311	317		N 00°25'07" W, a distance of 984.78 feet to a 2" pipe in concrete
312	318		found at an interior corner of said Parcel No. 1;
313	319		THENCE N 89°37'52" W along the most northerly south line of said
314	320		Parcel No. 1, a distance of 2013.88 feet to a 1/2" capped iron rod
315	321		set stamped "C.F. Stark RPLS 5084, at the most westerly southwest
316	322		corner of said Parcel No. 1;
317	323		THENCE ' N 00°45'08" W, along the most westerly west line of said
318	324		Parcel No. 1, a distance of 1196.14 feet to a 5/8" rod found;
319	325		THENCE N 01°17'22" W, continuing along the most westerly west line
320	326		of said Parcel No. 1, a distance of 1964.12 to a 5/8" capped iron
321	327		rod found stamped "Brooks Baker" at the northwest corner of said
322	328		Parcel No. 1 and being the southwest corner of said Parcel No. 2,
323	329		from which a 5/8" capped iron rod found (not legible) bears S
324	330		88°46'12" E, a distance of 728.31 feet for reference;
325	331		THENCE N 01°17'05" W, along the west line of said Parcel 2, a
326	332		distance of 3591.76 feet to the POINT OF BEGINNING and containing
327	333		2055.70 acres, more or less.
328	334		Being a 235.50 acre tract situated in the I & G.N. RAILROAD CO.
329	335		SURVEY, ABSTRANCT NO. 1783, AND THE A.J. OTTO SURVEY, ABSTRACT NO.
330	336		2340, Parker County, Texas and being all of the land conveyed to
331	337		Kolb Ranch, LLC as evidenced by deed recorded in County Clerk
332	338		Documents No. 2018-13108 and 2018-14455, said 235.50 acres being
333	339		further described in metes and bounds as follow:
334	340		BEGINNING at a 1/2inch iron rod found in the west line of the Curtis
335	341		D. Johnson, Jr. et al. tract, recorded in instrument
336	342		No. 2013-12796, Official Public Records, Parker County, Texas, for
337	343		the southeast corner of this tract. Said southeast corner also
338	344		being the northeast corner of Maravilla Vistas Addition, and
339	345		addition to Parker County, Texas recorded in Cabinet E, Slide 13,
340	346		Plat Records, Parker County, Texas and having a NAD 83 coordinate of
341	347		N: 6921387.53, E: 2234996.34;
342	348		THENCE N 63°51'23" W along the north line of said Maravilla Vistas
343	349		Addition, a distance of 1836.72 feet to a 1/2 inch iron rod found in
344	350		the east line of the Vina Louise Klasing tract as recorded in Volume
345	351		1548, Page 1187, Deed Records Parker County, Texas for the most
346	352		southern southwest corner of this tract, said most southern
347	353		southwest corner also being the northwest corner of said Maravilla
348	354		Vistas;
349	355		THENCE N 31°50'01" E, along the east line of said Klasing tract, a
350	356		distance of 507.08 feet to a 1/2 inch iron rod set stamped "C.F.
351	357		Stark 5084" for an interior corner of this tract;
352	358		THENCE N 37°39'16" W, along the north line of said Klasing tract, a
353	359		distance of 662.15 feet to a 1/2 inch iron rod found in the west line
354	360		of said Klasing tract and the east line of La Madera, Phase 3, an
355	361		addition to Parker County, Texas recorded in Cabinet D, Slide 219,
356	362		Plat Records, Parker County, Texas, continuing along the north line
357	363		of said La Madera Phase 3 a total distance of 2642.59 feet to a 1/2
358	364		inch iron rod found in the south line of McDavid Springs, an
359	365		addition to Parker County, Texas recorded in Cabinet C, Slide 726,
360	366		Plat Records, Parker County, Texas, for the most western southwest
361	367		corner of this tract, said most western southwest corner also the
362	368		northwest corner of said La Madera addition;
363	369		THENCE N 61°45'54" E, along the south line of said McDavid Springs
364	370		addition, a distance of 1335.26 feet to a 3 inch metal pipe post
365	371		found for an interior corner of this tract, said 3 inch metal pipe
366	372		post also being a corner for the McDavid Springs addition;
367	373		THENCE N 00°11'28" W, along the east line of said McDavid Springs
368	374		addition, a distance of 347.16 feet to a 3 inch metal pipe post
369	375		found for the northwest corner of this tract, said northwest corner
370	376		also being the southwest corner of the River Creek Addition, an
371	377		addition to Parker County recorded in Cabinet B, Slide 296, Plat
372	378		Records, Parker County, Texas;
373	379		THENCE, along the south line of said River Creek addition and the
374	380		south line of the Montex Drilling tract, recorded in Vol. 274, Pg.
375	381		244, Deed Records, Parker County, Texas as follows:
376	382		N 89°20'01" E, a distance of 1582.81 feet to a 1/2 inch iron
377	383		rod set stamped "C.F. Stark 5084"
378	384		N 89°24'23" E, a distance of 1099.43 feet to a 3 inch metal
379	385		pipe post found in the west line of the W.A. Moncrief tract,
380	386		recorded Vol. 523, Pg. 620, Deed Records, Parker County, Texas, for
381	387		the most northern northeast corner of this tract, said most
382	388		northern northeast corner also being the southeast corner of said
383	389		Montex Drilling tract;
384	390		THENCE S 01°03'51" E, along the west line of said Moncrief tract, a
385	391		distance of 527.13 feet to a 3 inch metal pipe post found in the
386	392		north line of said Johnson tract for a corner of this tract, said
387	393		corner also the southwest corner of the Moncrief tract and the
388	394		northwest corner of said Johnson tract;
389	395		THENCE S 52°21'34" W, along the northwesterly line of said Johnson
390	396		tract, a distance of 1487.07 feet to a 1/2 inch iron rod found
391	397		stamped "Harlan" for an interior corner of this tract, said
392	398		interior corner also being a the most westerly southwest corner of
393	399		said Johnson tract;
394	400		THENCE S 63°51'14" E, along the southwesterly line of said Johnson
395	401		tract, a distance of 1555.29 feet to a 1/2 inch iron rod found
396	402		stamped "Harlan" for the most easterly northeast corner of this
397	403		tract, said most easterly northeast corner also being an interior
398	404		corner of said Johnson tract;
399	405		THENCE S 26°08'47" W, along the west line of said Johnson tract, a
400	406		distance of 2473.48 feet to the POINT OF BEGINNING, and containing
401	407		235.50 acres (10,258,662.02 square feet) more or less.
402	408		BEING 215.30 acres situated in the I & G.N. RR. CO. SURVEY, Abstract
403	409		No. 1783, the W.H. JONES SURVEY, Abstract No. 2395 and the J.
404	410		BRADLEY SURVEY, Abstract No. 120, Parker County, Texas, being all
405	411		of that certain tract of land described in deed to Curtis D.
406	412		Johnson, Jr., et al, recorded in Instrument Number 201312796,
407	413		Official Records, Parker County, Texas, being more particularly
408	414		described as follows:
409	415		BEGINNING at a 3" metal pipe post found at the most northerly
410	416		northwest corner of said Johnson, Jr., et al tract and being the
411	417		most easterly southeast corner of that certain tract of land
412	418		described in deed to James P. McFarland, IV, recorded in Volume
413	419		2606, Page 1426, Official Records, Parker County, Texas, said
414	420		BEGINNING point having a NAD 83, Zone 4202 (Grid) coordinate value
415	421		of NORTH:6925201.42 and EAST:2235867.72, for reference;
416	422		THENCE N 88°48'42" E, along the north line of said Johnson, Jr., et
417	423		al, tract, a distance of 1011.13 feet to a 3" concrete filled metal
418	424		post found;
419	425		THENCE S 89°54'31" E, continuing along the north line of said
420	426		Johnson, Jr., et al, tract, a distance of 1002.32 feet to a 3"
421	427		concrete filled metal post found at the northeast corner of said
422	428		Johnson, Jr., et al, tract;
423	429		THENCE along the east and southeasterly line of said Johnson, Jr.,
424	430		et al, tract, as follows:
425	431		S 00°18'33" W, a distance of 729.65 feet to a 3" concrete filled
426	432		metal post found;
427	433		N 89°14'08" W, a distance of 333.23 feet to a 1/2" capped iron rod
428	434		set stamped "C.F. Stark RPLS 5084";
429	435		S 26°08'40" W, at a distance of 7451.86 feet, passing a 1/2" iron rod
430	436		found in the occupied north line of Bear Creek Road (Right-of-Way
431	437		varies), and continuing, in all, a distance of 7472.30 feet to a
432	438		point in said Bear Creek Road;
433	439		THENCE N 67°45'12" W, along Bear Creek Road, a distance of 919.65
434	440		feet to a point at the southwest corner of said Johnson, Jr., et al,
435	441		tract;
436	442		THENCE N 26°08'53" E, leaving said Bear Creek Road, at a distance of
437	443		20.20 feet passing a 1/2" capped iron rod found stamped "Harlan" in
438	444		the occupied north line of said Bear Creek Road, and continuing,
439	445		passing the southeast corner of MARAVILLA VISTAS, an Addition to
440	446		Parker County, Texas, according to the Plat recorded in Cabinet D,
441	447		Slide 491, Plat Records, Parker County, Texas, and continuing along
442	448		the common line of said Johnson, Jr., et al, tract and said
443	449		MARAVILLA VISTAS (recorded in Cab. D, Slide 491), at a distance of
444	450		2465.14 feet, passing a 1/2" capped iron rod found stamped "Texas
445	451		Surveying" at the northeast corner of said MARAVILLA VISTAS
446	452		(recorded in Cab. D, Slide 491) and being the southeast corner of
447	453		MARAVILLA VISTAS, an Addition to Parker County, Texas, according to
448	454		the Plat recorded in Cabinet E, Slide 13, Plat Records, Parker
449	455		County, Texas, and continuing along the common line of said
450	456		Johnson, Jr., et al, tract and said MARAVILLA VISTAS (recorded in
451	457		Cab. E, Slide 13), in all, a distance of 3622.23 feet to a 1/2" iron
452	458		rod found at the northeast corner of said MARAVILLA VISTAS
453	459		(recorded in Cab. E, Slide 13);
454	460		THENCE N 26°08'47" E, along the northwesterly line of said Johnson,
455	461		Jr., et al, tract, a distance of 2473.48 feet to a 1/2" capped iron
456	462		rod found stamped "Harlan" at an ell corner of said Johnson, Jr., et
457	463		al, tract;
458	464		THENCE N 63°51'14" W, along a northerly south line of said Johnson,
459	465		Jr., et al, tract, a distance of 1555.29 feet to a 1/2" capped iron
460	466		rod found stamped "Harlan" at the most westerly northwest corner of
461	467		said Johnson, Jr., et al, tract, being in the southeasterly line of
462	468		that certain tract of land described in deed to James P. McFarland,
463	469		IV, recorded in Volume 2606, Page 1426, Official Records, Parker
464	470		County, Texas, from which a 1/2" capped iron rod found stamped
465	471		"Harlan" bears S 52°17'02" W, a distance of 99.95 feet, for
466	472		reference;
467	473		THENCE N 52°21'34" E, along the common line of said Johnson, Jr., et
468	474		al, tract and said James P. McFarland, IV, a distance of 1487.07
469	475		feet to the POINT OF BEGINNING and containing 215.30 acres of land,
470	476		more or less.
471	477		SECTION 3. (a) The legal notice of the intention to
472	478		introduce this Act, setting forth the general substance of this
473	479		Act, has been published as provided by law, and the notice and a
474	480		copy of this Act have been furnished to all persons, agencies,
475	481		officials, or entities to which they are required to be furnished
476	482		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
477	483		Government Code.
478	484		(b) The governor, one of the required recipients, has
479	485		submitted the notice and Act to the Texas Commission on
480	486		Environmental Quality.
481	487		(c) The Texas Commission on Environmental Quality has filed
482	488		its recommendations relating to this Act with the governor, the
483	489		lieutenant governor, and the speaker of the house of
484	490		representatives within the required time.
485	491		(d) All requirements of the constitution and laws of this
486	492		state and the rules and procedures of the legislature with respect
487	493		to the notice, introduction, and passage of this Act are fulfilled
488	494		and accomplished.
489	495		SECTION 4. (a) If this Act does not receive a two-thirds
490	496		vote of all the members elected to each house, Subchapter C, Chapter
491	497		8078, Special District Local Laws Code, as added by Section 1 of
492	498		this Act, is amended by adding Section 8078.0307 to read as follows:
493	499		Sec. 8078.0307. NO EMINENT DOMAIN POWER. The district may
494	500		not exercise the power of eminent domain.
495	501		(b) This section is not intended to be an expression of a
496	502		legislative interpretation of the requirements of Section 17(c),
497	503		Article I, Texas Constitution.
498	504		SECTION 5. This Act takes effect September 1, 2019.
499		-	______________________________ ______________________________
500		-	President of the Senate Speaker of the House
501		-	I certify that H.B. No. 4638 was passed by the House on April
502		-	26, 2019, by the following vote: Yeas 124, Nays 15, 2 present, not
503		-	voting.
504		-	______________________________
505		-	Chief Clerk of the House
506		-	I certify that H.B. No. 4638 was passed by the Senate on May
507		-	15, 2019, by the following vote: Yeas 30, Nays 1.
508		-	______________________________
509		-	Secretary of the Senate
510		-	APPROVED: _____________________
511		-	Date
512		-	_____________________
513		-	Governor
	505	+	* * * * *