H.B. No. 4638
AN ACT
relating to the creation of the Bear Creek Ranch Municipal Utility
District No. 1 of Parker County; granting a limited power of eminent
domain; providing authority to issue bonds; providing authority to
impose assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8078 to read as follows:
CHAPTER 8078. BEAR CREEK RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF
PARKER COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8078.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Bear Creek Ranch Municipal
Utility District No. 1 of Parker County.
Sec. 8078.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8078.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8078.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8078.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8078.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8078.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8078.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8078.0202, directors
serve staggered four-year terms.
Sec. 8078.0202. TEMPORARY DIRECTORS. (a) On or after
September 1, 2019, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission requesting that the commission appoint as temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8078.0103; or
(2) September 1, 2023.
(c) If permanent directors have not been elected under
Section 8078.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8078.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8078.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8078.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8078.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8078.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8078.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 8078.0306. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8078.0103 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8078.0103. If the voters of a new district do not confirm
the creation of the new district, the assets, obligations,
territory, and governance of the new district revert to the
original district.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8078.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8078.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8078.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8078.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8078.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8078.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8078.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8078.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8078.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Bear Creek Ranch Municipal Utility District
No. 1 of Parker County initially includes all the territory
contained in the following area:
BEING 2055.70 acres of land situated in the JAMES BRADLEY SURVEY,
ABSTRACT No. 119, JAMES BRADLEY SURVEY, ABSTRACT No. 120, JOHN D.
BAY SURVEY, ABSTARCT NO. 195, J.H. REAN SURVEY, ABSTRACT No. 1106,
T.J. BENDERMAN SURVEY, ABSTRACT No. 2519, I. & G.N. RR. CO.,
SECTION NO. 3, BLOCK 1, ABSTRACT NO. 1799 and the PETER B. HOLDER
SURVEY, ABSTRACT No. 614, Parker County, Texas, being a portion of
those certain tracts of land described in deed as Parcel No. 1 and
Parcel No. 2, to The Dixon Foundation, recorded in Book 2416, Page
417, Official Public Records, Parker County, Texas, said 2055.70
acres being more particularly described as follows:
BEGINNING at the most westerly northwest corner of said Parcel
No. 2, in Bear Creek Road (Right-of-Way varies), from which a 2"
steel fence corner post found in the south line of said Bear Creek
Road bears S 01°12'56" E, a distance of 40.00 feet, for reference,
said BEGINNING point having a NAD 83, Zone 4202 (Grid) coordinate
value of NORTH: 6918277.984 and EAST: 2233063.538, for reference;
THENCE along Bear Creek Road, as follows:
S 67°36'03" E, a distance of 3869.57 feet to the most northerly
northeast corner of said Parcel No. 2;
S 02°12'27" E, a distance of 1472.57 feet to a point;
S 55°59'27" E, a distance of 1165.45 feet to a point;
S 71°46'27" E, a distance of 801.00 feet to a point;
S 70°43'19" E, a distance of 221.91 feet to a point;
S 70°45'54 E, a distance of 1742.88 feet to a point for the most
northerly northeast corner of the herein described 2055.70 acre
tract;
THENCE S 24°06'27" W, leaving said Bear Creek Road, passing the
northwest corner of that certain tract of land described in deed to
Kevin Reeves, recorded in Instrument Number 2017-02400, Official
Public Records, Parker County, Texas, and continuing along the most
west line of said Reeves tract, in all, a distance of 1186.42 feet
to a point from which a 5/8" iron rod found bears N 60°42'50" W, a
distance of 0.42 feet, for reference;
THENCE along the southwesterly lines of said Reeves tract as
follows:
S 60°42'50" E, a distance of 230.94 feet to a 5/8" iron rod found;
S 14°49'14" E, a distance of 744.61 feet to a 5/8" iron rod found;
N 72°21'34" E, a distance of 390.26 feet to a point from which a 3"
steel pipe fence post bears N 06°43'26" W, a distance of 1.25 feet
for reference;
S 00°10'37" W, a distance of 764.25 feet to a 1/2" iron rod found at
the southwest corner of said Reeves tract, being in the north line
of a Seventy (70) foot wide Transmission Easement and Right-of-Way
recorded in Book 2684, Page 531 and Book 2734, Page 1161, Official
Public Records, Parker County, Texas;
THENCE along the south line of said Reeves tract and the north line
of said Transmission Easement and Right-of-Way, as follows:
N 89°17'27" E, a distance of 766.57 feet to a point;
S 87°58'20" E, a distance of 852.96 feet to a point;
S 87°37'59" E, a distance of 500.58 feet to a point in the west
occupied line of said Bear Creek Road, at the southeast corner of
said Reeves tract;
THENCE S 20°01'40" E, along the west occupied line of said Bear Creek
Road, a distance of 75.70 feet to a 5/8" capped iron rod found
stamped "Brooks Baker", being in the most easterly south line of
said Parcel No. 2;
THENCE along the most easterly south line of said Parcel No. 2, as
follows:
N 87°38'33" W, a distance of 529.23 feet to a point;
N 87°58'55" W, a distance of 851.08 feet to a point;
S 89°16'51" W, a distance of 765.97 feet to a point at the most
southerly southwest corner of said Parcel No. 2 and being in the
east line of said Parcel No. 1;
THENCE S 03°54'04" E, along the east line of said Parcel No. 1 and
along the called east line of said BENDERMAN SURVEY, a distance of
10017.79 feet to a 2" pipe in concrete at the southeast corner of
said Parcel No. 1 and being the called southeast corner of said
BENDERMAN SURVEY;
THENCE S 89°26'10" W, along the south line of said Parcel No. 1 and
along the called south line of said BENDERMAN SURVEY, a distance of
1606.98 feet to a 5/8" capped iron rod found stamped "Brooks Baker";
THENCE S 89°48'07" W, continuing along the south line of said Parcel
No. 1 and continuing along the called south line of said BENDERMAN
SURVEY, a distance of 3711.27 feet to a 2" pipe in concrete found at
the most southerly southwest corner of said Parcel No. 1;
THENCE N 01°35'25" W, along the most southerly west line of said
Parcel No. 1, a distance of 1216.91 feet to a 2" pipe in concrete
found at an interior corner of said Parcel No. 1 and being in the
called south line of said J.H. REAN SURVEY;
THENCE N 89°19'15" W, along the most westerly south line of said
Parcel No. 1 and along the called south line of said J.H. REAN
SURVEY, a distance of 660.00 feet to a 2" pipe in concrete found at
the most westerly southwest corner of said Parcel No. 1 and being
the called southwest corner of said J.H. REAN SURVEY;
THENCE along the west line of said Parcel No. 1 and along the called
west line of said J.H. REAN SURVEY, as follows:
N 00°01'41" W, a distance of 2676.89 feet to a 5/8" iron rod found;
N 00°04'03" W, a distance of 1981.74 feet to a 5/8" iron rod found;
N 00°10'29" E, a distance of 1520.50 feet to a 5/8" iron rod found;
N 00°04'43" W, a distance of 1097.99 feet to a 5/8" iron rod found;
N 00°02-24" W, a distance of 901.55 feet to a 1/2" capped iron rod
set stamped "C.F. Stark RPLS 5084";
N 00°25'07" W, a distance of 984.78 feet to a 2" pipe in concrete
found at an interior corner of said Parcel No. 1;
THENCE N 89°37'52" W along the most northerly south line of said
Parcel No. 1, a distance of 2013.88 feet to a 1/2" capped iron rod
set stamped "C.F. Stark RPLS 5084, at the most westerly southwest
corner of said Parcel No. 1;
THENCE ' N 00°45'08" W, along the most westerly west line of said
Parcel No. 1, a distance of 1196.14 feet to a 5/8" rod found;
THENCE N 01°17'22" W, continuing along the most westerly west line
of said Parcel No. 1, a distance of 1964.12 to a 5/8" capped iron
rod found stamped "Brooks Baker" at the northwest corner of said
Parcel No. 1 and being the southwest corner of said Parcel No. 2,
from which a 5/8" capped iron rod found (not legible) bears S
88°46'12" E, a distance of 728.31 feet for reference;
THENCE N 01°17'05" W, along the west line of said Parcel 2, a
distance of 3591.76 feet to the POINT OF BEGINNING and containing
2055.70 acres, more or less.
Being a 235.50 acre tract situated in the I & G.N. RAILROAD CO.
SURVEY, ABSTRANCT NO. 1783, AND THE A.J. OTTO SURVEY, ABSTRACT NO.
2340, Parker County, Texas and being all of the land conveyed to
Kolb Ranch, LLC as evidenced by deed recorded in County Clerk
Documents No. 2018-13108 and 2018-14455, said 235.50 acres being
further described in metes and bounds as follow:
BEGINNING at a 1/2inch iron rod found in the west line of the Curtis
D. Johnson, Jr. et al. tract, recorded in instrument
No. 2013-12796, Official Public Records, Parker County, Texas, for
the southeast corner of this tract. Said southeast corner also
being the northeast corner of Maravilla Vistas Addition, and
addition to Parker County, Texas recorded in Cabinet E, Slide 13,
Plat Records, Parker County, Texas and having a NAD 83 coordinate of
N: 6921387.53, E: 2234996.34;
THENCE N 63°51'23" W along the north line of said Maravilla Vistas
Addition, a distance of 1836.72 feet to a 1/2 inch iron rod found in
the east line of the Vina Louise Klasing tract as recorded in Volume
1548, Page 1187, Deed Records Parker County, Texas for the most
southern southwest corner of this tract, said most southern
southwest corner also being the northwest corner of said Maravilla
Vistas;
THENCE N 31°50'01" E, along the east line of said Klasing tract, a
distance of 507.08 feet to a 1/2 inch iron rod set stamped "C.F.
Stark 5084" for an interior corner of this tract;
THENCE N 37°39'16" W, along the north line of said Klasing tract, a
distance of 662.15 feet to a 1/2 inch iron rod found in the west line
of said Klasing tract and the east line of La Madera, Phase 3, an
addition to Parker County, Texas recorded in Cabinet D, Slide 219,
Plat Records, Parker County, Texas, continuing along the north line
of said La Madera Phase 3 a total distance of 2642.59 feet to a 1/2
inch iron rod found in the south line of McDavid Springs, an
addition to Parker County, Texas recorded in Cabinet C, Slide 726,
Plat Records, Parker County, Texas, for the most western southwest
corner of this tract, said most western southwest corner also the
northwest corner of said La Madera addition;
THENCE N 61°45'54" E, along the south line of said McDavid Springs
addition, a distance of 1335.26 feet to a 3 inch metal pipe post
found for an interior corner of this tract, said 3 inch metal pipe
post also being a corner for the McDavid Springs addition;
THENCE N 00°11'28" W, along the east line of said McDavid Springs
addition, a distance of 347.16 feet to a 3 inch metal pipe post
found for the northwest corner of this tract, said northwest corner
also being the southwest corner of the River Creek Addition, an
addition to Parker County recorded in Cabinet B, Slide 296, Plat
Records, Parker County, Texas;
THENCE, along the south line of said River Creek addition and the
south line of the Montex Drilling tract, recorded in Vol. 274, Pg.
244, Deed Records, Parker County, Texas as follows:
N 89°20'01" E, a distance of 1582.81 feet to a 1/2 inch iron
rod set stamped "C.F. Stark 5084"
N 89°24'23" E, a distance of 1099.43 feet to a 3 inch metal
pipe post found in the west line of the W.A. Moncrief tract,
recorded Vol. 523, Pg. 620, Deed Records, Parker County, Texas, for
the most northern northeast corner of this tract, said most
northern northeast corner also being the southeast corner of said
Montex Drilling tract;
THENCE S 01°03'51" E, along the west line of said Moncrief tract, a
distance of 527.13 feet to a 3 inch metal pipe post found in the
north line of said Johnson tract for a corner of this tract, said
corner also the southwest corner of the Moncrief tract and the
northwest corner of said Johnson tract;
THENCE S 52°21'34" W, along the northwesterly line of said Johnson
tract, a distance of 1487.07 feet to a 1/2 inch iron rod found
stamped "Harlan" for an interior corner of this tract, said
interior corner also being a the most westerly southwest corner of
said Johnson tract;
THENCE S 63°51'14" E, along the southwesterly line of said Johnson
tract, a distance of 1555.29 feet to a 1/2 inch iron rod found
stamped "Harlan" for the most easterly northeast corner of this
tract, said most easterly northeast corner also being an interior
corner of said Johnson tract;
THENCE S 26°08'47" W, along the west line of said Johnson tract, a
distance of 2473.48 feet to the POINT OF BEGINNING, and containing
235.50 acres (10,258,662.02 square feet) more or less.
BEING 215.30 acres situated in the I & G.N. RR. CO. SURVEY, Abstract
No. 1783, the W.H. JONES SURVEY, Abstract No. 2395 and the J.
BRADLEY SURVEY, Abstract No. 120, Parker County, Texas, being all
of that certain tract of land described in deed to Curtis D.
Johnson, Jr., et al, recorded in Instrument Number 201312796,
Official Records, Parker County, Texas, being more particularly
described as follows:
BEGINNING at a 3" metal pipe post found at the most northerly
northwest corner of said Johnson, Jr., et al tract and being the
most easterly southeast corner of that certain tract of land
described in deed to James P. McFarland, IV, recorded in Volume
2606, Page 1426, Official Records, Parker County, Texas, said
BEGINNING point having a NAD 83, Zone 4202 (Grid) coordinate value
of NORTH:6925201.42 and EAST:2235867.72, for reference;
THENCE N 88°48'42" E, along the north line of said Johnson, Jr., et
al, tract, a distance of 1011.13 feet to a 3" concrete filled metal
post found;
THENCE S 89°54'31" E, continuing along the north line of said
Johnson, Jr., et al, tract, a distance of 1002.32 feet to a 3"
concrete filled metal post found at the northeast corner of said
Johnson, Jr., et al, tract;
THENCE along the east and southeasterly line of said Johnson, Jr.,
et al, tract, as follows:
S 00°18'33" W, a distance of 729.65 feet to a 3" concrete filled
metal post found;
N 89°14'08" W, a distance of 333.23 feet to a 1/2" capped iron rod
set stamped "C.F. Stark RPLS 5084";
S 26°08'40" W, at a distance of 7451.86 feet, passing a 1/2" iron rod
found in the occupied north line of Bear Creek Road (Right-of-Way
varies), and continuing, in all, a distance of 7472.30 feet to a
point in said Bear Creek Road;
THENCE N 67°45'12" W, along Bear Creek Road, a distance of 919.65
feet to a point at the southwest corner of said Johnson, Jr., et al,
tract;
THENCE N 26°08'53" E, leaving said Bear Creek Road, at a distance of
20.20 feet passing a 1/2" capped iron rod found stamped "Harlan" in
the occupied north line of said Bear Creek Road, and continuing,
passing the southeast corner of MARAVILLA VISTAS, an Addition to
Parker County, Texas, according to the Plat recorded in Cabinet D,
Slide 491, Plat Records, Parker County, Texas, and continuing along
the common line of said Johnson, Jr., et al, tract and said
MARAVILLA VISTAS (recorded in Cab. D, Slide 491), at a distance of
2465.14 feet, passing a 1/2" capped iron rod found stamped "Texas
Surveying" at the northeast corner of said MARAVILLA VISTAS
(recorded in Cab. D, Slide 491) and being the southeast corner of
MARAVILLA VISTAS, an Addition to Parker County, Texas, according to
the Plat recorded in Cabinet E, Slide 13, Plat Records, Parker
County, Texas, and continuing along the common line of said
Johnson, Jr., et al, tract and said MARAVILLA VISTAS (recorded in
Cab. E, Slide 13), in all, a distance of 3622.23 feet to a 1/2" iron
rod found at the northeast corner of said MARAVILLA VISTAS
(recorded in Cab. E, Slide 13);
THENCE N 26°08'47" E, along the northwesterly line of said Johnson,
Jr., et al, tract, a distance of 2473.48 feet to a 1/2" capped iron
rod found stamped "Harlan" at an ell corner of said Johnson, Jr., et
al, tract;
THENCE N 63°51'14" W, along a northerly south line of said Johnson,
Jr., et al, tract, a distance of 1555.29 feet to a 1/2" capped iron
rod found stamped "Harlan" at the most westerly northwest corner of
said Johnson, Jr., et al, tract, being in the southeasterly line of
that certain tract of land described in deed to James P. McFarland,
IV, recorded in Volume 2606, Page 1426, Official Records, Parker
County, Texas, from which a 1/2" capped iron rod found stamped
"Harlan" bears S 52°17'02" W, a distance of 99.95 feet, for
reference;
THENCE N 52°21'34" E, along the common line of said Johnson, Jr., et
al, tract and said James P. McFarland, IV, a distance of 1487.07
feet to the POINT OF BEGINNING and containing 215.30 acres of land,
more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8078, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8078.0307 to read as follows:
Sec. 8078.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4638 was passed by the House on April
26, 2019, by the following vote: Yeas 124, Nays 15, 2 present, not
voting.
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Chief Clerk of the House
I certify that H.B. No. 4638 was passed by the Senate on May
15, 2019, by the following vote: Yeas 30, Nays 1.
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Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor