Texas 2019 - 86th Regular

Texas House Bill HB4693 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4693
	1	+	By: Stucky (Senate Sponsor - Nelson) H.B. No. 4693
	2	+	(In the Senate - Received from the House May 13, 2019;
	3	+	May 14, 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 Cole Ranch Improvement District No.
6	12		1 of Denton County, Texas; providing authority to impose an
7	13		assessment, impose a tax, and issue bonds.
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 3981 to read as follows:
11	17		CHAPTER 3981. COLE RANCH IMPROVEMENT DISTRICT NO. 1 OF DENTON
12	18		COUNTY, TEXAS
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 3981.0101. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "City" means the City of Denton, Texas.
17	23		(3) "County" means Denton County, Texas.
18	24		(4) "Developer of property in the district" means a
19	25		developer of property in the district as determined by the
20	26		governing body of the city.
21	27		(5) "Director" means a board member.
22	28		(6) "District" means the Cole Ranch Improvement
23	29		District No. 1 of Denton County, Texas.
24	30		(7) "Operating agreement" means an agreement that
25	31		provides for:
26	32		(A) a general description of the improvement
27	33		projects that may be financed by the district; and
28	34		(B) the terms and conditions of:
29	35		(i) the financing of the improvement
30	36		projects described by Paragraph (A); and
31	37		(ii) the operation of the district.
32	38		(8) "Project agreement" means an agreement between the
33	39		city and a developer of property in the district that relates to any
34	40		aspect of the development of property in or outside the district.
35	41		The governing body of the city may determine whether an agreement
36	42		constitutes a project agreement for purposes of this chapter.
37	43		Sec. 3981.0102. NATURE OF DISTRICT. The Cole Ranch
38	44		Improvement District No. 1 of Denton County, Texas, is a special
39	45		district created under Section 59, Article XVI, Texas Constitution.
40	46		Sec. 3981.0103. PURPOSE; DECLARATION OF INTENT. (a) The
41	47		creation of the district is essential to accomplish the purposes of
42	48		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
43	49		Texas Constitution, and other public purposes stated in this
44	50		chapter.
45	51		(b) By creating the district and in authorizing the city,
46	52		the county, and other political subdivisions to contract with the
47	53		district, the legislature has established a program to accomplish
48	54		the public purposes set out in Section 52-a, Article III, Texas
49	55		Constitution.
50	56		(c) The creation of the district is necessary to promote,
51	57		develop, encourage, and maintain employment, commerce,
52	58		transportation, housing, tourism, recreation, the arts,
53	59		entertainment, economic development, safety, and the public
54	60		welfare in the district.
55	61		(d) This chapter and the creation of the district may not be
56	62		interpreted to relieve the city and the county from providing the
57	63		level of services provided as of the effective date of the Act
58	64		enacting this chapter to the area in the district. The district is
59	65		created to supplement and not to supplant city or county services
60	66		provided in the district.
61	67		Sec. 3981.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
62	68		(a) All land and other property included in the district will
63	69		benefit from the improvements and services to be provided by the
64	70		district under powers conferred by Sections 52 and 52-a, Article
65	71		III, and Section 59, Article XVI, Texas Constitution, and other
66	72		powers granted under this chapter.
67	73		(b) The district is created to serve a public use and
68	74		benefit.
69	75		(c) The creation of the district is in the public interest
70	76		and is essential to further the public purposes of:
71	77		(1) developing and diversifying the economy of the
72	78		state;
73	79		(2) eliminating unemployment and underemployment;
74	80		(3) promoting the affordability of housing; and
75	81		(4) developing or expanding transportation and
76	82		commerce.
77	83		(d) The district will:
78	84		(1) promote the health, safety, and general welfare of
79	85		residents, employers, potential employees, employees, visitors,
80	86		and consumers in the district, and of the public;
81	87		(2) provide needed funding for the district to
82	88		preserve, maintain, and enhance the economic health and vitality of
83	89		the district territory as a community and business center;
84	90		(3) promote the health, safety, welfare, and enjoyment
85	91		of the public by providing pedestrian ways and by landscaping and
86	92		developing certain areas in the district, which are necessary for
87	93		the restoration, preservation, and enhancement of scenic beauty;
88	94		and
89	95		(4) provide for water, wastewater, drainage, road, and
90	96		recreational facilities for the district.
91	97		(e) Pedestrian ways along or across a street, whether at
92	98		grade or above or below the surface, and street lighting, street
93	99		landscaping, parking, and street art objects are parts of and
94	100		necessary components of a street and are considered to be a street
95	101		or road improvement.
96	102		(f) The district will not act as the agent or
97	103		instrumentality of any private interest even though the district
98	104		will benefit many private interests as well as the public.
99	105		Sec. 3981.0105. INITIAL DISTRICT TERRITORY. (a) The
100	106		district is initially composed of the territory described by
101	107		Section 2 of the Act enacting this chapter.
102	108		(b) The boundaries and field notes contained in Section 2 of
103	109		the Act enacting this chapter form a closure. A mistake in the
104	110		field notes or in copying the field notes in the legislative process
105	111		does not affect the district's:
106	112		(1) organization, existence, or validity;
107	113		(2) right to issue any type of bonds for the purposes
108	114		for which the district is created or to pay the principal of and
109	115		interest on the bonds;
110	116		(3) right to impose or collect an assessment or tax; or
111	117		(4) legality or operation.
112	118		Sec. 3981.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
113	119		All or any part of the area of the district is eligible to be
114	120		included in:
115	121		(1) a tax increment reinvestment zone created by the
116	122		city under Chapter 311, Tax Code; or
117	123		(2) a tax abatement reinvestment zone created by the
118	124		city under Chapter 312, Tax Code.
119	125		Sec. 3981.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
120	126		DISTRICTS LAW. Except as otherwise provided by this chapter,
121	127		Chapter 375, Local Government Code, applies to the district.
122	128		Sec. 3981.0108. CONSTRUCTION OF CHAPTER. This chapter
123	129		shall be liberally construed in conformity with the findings and
124	130		purposes stated in this chapter.
125	131		Sec. 3981.0109. CITY CONSENT; OPERATING AGREEMENT AND
126	132		PROJECT AGREEMENT REQUIRED. (a) Except as provided in Subsection
127	133		(c), before the district may exercise any powers under this
128	134		chapter:
129	135		(1) the city must adopt an ordinance or resolution
130	136		consenting to the creation of the district and to the inclusion of
131	137		land in the district;
132	138		(2) the city and the district must negotiate and
133	139		execute a mutually approved and accepted operating agreement; and
134	140		(3) the city and each developer of property in the
135	141		district must negotiate and execute a project agreement.
136	142		(b) This chapter expires December 31, 2020, if:
137	143		(1) the city and the district have not executed the
138	144		operating agreement required by Subsection (a)(2); or
139	145		(2) the city and each developer of property in the
140	146		district have not executed a project agreement as required by
141	147		Subsection (a)(3).
142	148		(c) The board has the powers necessary, convenient, or
143	149		desirable to negotiate and execute a mutually approved and accepted
144	150		operating agreement.
145	151		SUBCHAPTER B. BOARD OF DIRECTORS
146	152		Sec. 3981.0201. GOVERNING BODY; TERMS. (a) The district is
147	153		governed by a board of directors as provided in this section.
148	154		(b) Five directors are elected in the manner provided by
149	155		Subchapter D, Chapter 49, Water Code.
150	156		(c) The city may appoint one additional director to the
151	157		board.
152	158		(d) Section 375.063, Local Government Code, does not apply
153	159		to a director appointed by the city.
154	160		(e) If the city exercises its right to appoint a director
155	161		under Subsection (c), the board consists of six directors while the
156	162		appointed director serves on the board. If the city does not
157	163		exercise its right to appoint or reappoint a director under
158	164		Subsection (c), the board consists of five directors.
159	165		(f) Except as provided by Section 3981.0204, directors
160	166		serve staggered four-year terms.
161	167		Sec. 3981.0202. QUORUM. (a) Three members of the board
162	168		constitute a quorum regardless of whether the board has five or six
163	169		members.
164	170		(b) A majority vote of a quorum of the board is required for
165	171		official action.
166	172		(c) For purposes of determining the requirements for a
167	173		quorum of the board, the following are not counted:
168	174		(1) a board position vacant for any reason, including
169	175		death, resignation, or disqualification; or
170	176		(2) a director who is abstaining from participation in
171	177		a vote because of a conflict of interest.
172	178		Sec. 3981.0203. COMPENSATION. A director is entitled to
173	179		receive fees of office and reimbursement for actual expenses as
174	180		provided by Section 49.060, Water Code. Sections 375.069 and
175	181		375.070, Local Government Code, do not apply to the board.
176	182		Sec. 3981.0204. TEMPORARY DIRECTORS. (a) The temporary
177	183		board consists of:
178	184		(1) Byron Campbell;
179	185		(2) Ryan Miller;
180	186		(3) Shawn Street;
181	187		(4) Russell Hickey;
182	188		(5) Warren Threadgill; and
183	189		(6) a temporary director appointed by the city if the
184	190		city appoints a temporary director under Section 3981.0201(c).
185	191		(b) The temporary or successor temporary directors shall
186	192		hold an election as provided by Section 49.102, Water Code, to elect
187	193		the five permanent elected directors.
188	194		(c) Except for a temporary director appointed by the city,
189	195		temporary directors serve until the earlier of:
190	196		(1) the date the permanent elected directors are
191	197		elected under Subsection (b); or
192	198		(2) the fourth anniversary of the effective date of
193	199		the Act enacting this chapter.
194	200		(d) If the permanent elected directors have not been elected
195	201		under Subsection (b) and the terms of the temporary directors have
196	202		expired, successor temporary directors, other than a temporary
197	203		director appointed by the city, shall be appointed or reappointed
198	204		as provided by Subsection (e) to serve terms that expire on the
199	205		earlier of:
200	206		(1) the date the permanent elected directors are
201	207		elected under Subsection (b); or
202	208		(2) the fourth anniversary of the date of the
203	209		appointment or reappointment.
204	210		(e) If Subsection (d) applies, the owner or owners of a
205	211		majority of the assessed value of the real property in the district
206	212		may submit a petition to the Texas Commission on Environmental
207	213		Quality requesting that the commission appoint as successor
208	214		temporary directors the five persons named in the petition. The
209	215		commission shall appoint as successor temporary directors the five
210	216		persons named in the petition.
211	217		(f) A temporary director appointed by the city serves until
212	218		the fourth anniversary of the effective date of the Act enacting
213	219		this chapter.
214	220		SUBCHAPTER C. POWERS AND DUTIES
215	221		Sec. 3981.0301. GENERAL POWERS AND DUTIES. The district
216	222		has the powers and duties necessary to accomplish the purposes for
217	223		which the district is created.
218	224		Sec. 3981.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
219	225		district, using any money available to the district for the
220	226		purpose, may provide, design, construct, acquire, improve,
221	227		relocate, operate, maintain, or finance an improvement project or
222	228		service authorized under this chapter or Chapter 375, Local
223	229		Government Code.
224	230		(b) The district may contract with a governmental or private
225	231		entity to carry out an action under Subsection (a).
226	232		(c) The implementation of a district project or service is a
227	233		governmental function or service for the purposes of Chapter 791,
228	234		Government Code.
229	235		Sec. 3981.0303. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
230	236		The district may join and pay dues to a charitable or nonprofit
231	237		organization that performs a service or provides an activity
232	238		consistent with the furtherance of a district purpose.
233	239		Sec. 3981.0304. ADDING OR EXCLUDING LAND. (a) The district
234	240		may add or exclude land in the manner provided by Subchapter J,
235	241		Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water Code.
236	242		(b) A district may not add or exclude land unless the city
237	243		consents to the addition or exclusion.
238	244		Sec. 3981.0305. DISBURSEMENTS AND TRANSFERS OF MONEY. The
239	245		board by resolution shall establish the number of directors'
240	246		signatures and the procedure required for a disbursement or
241	247		transfer of district money.
242	248		Sec. 3981.0306. APPROVAL BY THE CITY. (a) The district
243	249		must obtain the approval of the city for:
244	250		(1) the plans and specifications of an improvement
245	251		project financed by bonds, notes, or other obligations; and
246	252		(2) the plans and specifications of an improvement
247	253		project related to the use of land owned by the city, an easement
248	254		granted by the city, or a right-of-way of a street, road, or
249	255		highway.
250	256		(b) City approval may be by an administrative process that
251	257		does not involve the city's governing body, unless approval of the
252	258		city's governing body is required by federal, state, or local law,
253	259		ordinance, or regulation.
254	260		(c) Before issuing bonds, the district must:
255	261		(1) provide to the city the documents authorizing the
256	262		bonds;
257	263		(2) provide to the city a certification from each
258	264		developer of property in the district that the developer is in
259	265		compliance with the terms and conditions of the developer's project
260	266		agreement with the city; and
261	267		(3) certify that the district is in compliance with
262	268		the terms and conditions of the ordinance or resolution consenting
263	269		to the creation of the district under Section 3981.0109 and the
264	270		operating agreement entered into under that section.
265	271		(d) The city must complete the city's review of the
266	272		documents and certifications required by Subsection (c) not later
267	273		than the 30th day after the date the city receives the documents and
268	274		certifications. The city may object to the issuance of the bonds if
269	275		the city determines that:
270	276		(1) the district is not in compliance with the terms
271	277		and conditions of the ordinance or resolution consenting to the
272	278		creation of the district under Section 3981.0109;
273	279		(2) the district is not in compliance with the
274	280		operating agreement entered into under Section 3981.0109; or
275	281		(3) a developer of property in the district is not in
276	282		compliance with the terms and conditions of a project agreement
277	283		that applies to the developer.
278	284		(e) If the city objects to the district's issuance of bonds,
279	285		the district must obtain the consent of the city's governing body to
280	286		the issuance of the bonds. The city's governing body may not
281	287		unreasonably withhold consent to the issuance of bonds.
282	288		(f) Section 375.207, Local Government Code, does not apply
283	289		to the district.
284	290		Sec. 3981.0307. NO EMINENT DOMAIN POWER. The district may
285	291		not exercise the power of eminent domain.
286	292		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
287	293		Sec. 3981.0401. PETITION REQUIRED FOR FINANCING SERVICES
288	294		AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
289	295		service or improvement project with assessments under this chapter
290	296		unless a written petition requesting that service or improvement
291	297		has been filed with the board.
292	298		(b) A petition filed under Subsection (a) must be signed by
293	299		the owner or owners of a majority of the assessed value of real
294	300		property in the district subject to assessment according to the
295	301		most recent certified tax appraisal roll for the county.
296	302		Sec. 3981.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
297	303		The board by resolution may impose and collect an assessment for any
298	304		purpose authorized by this chapter in all or any part of the
299	305		district. Section 375.161, Local Government Code, does not apply
300	306		to an assessment imposed by the district.
301	307		(b) An assessment, a reassessment, or an assessment
302	308		resulting from an addition to or correction of the assessment roll
303	309		by the district, penalties and interest on an assessment or
304	310		reassessment, an expense of collection, and reasonable attorney's
305	311		fees incurred by the district:
306	312		(1) are a first and prior lien against the property
307	313		assessed;
308	314		(2) are superior to any other lien or claim other than
309	315		a lien or claim for county, school district, or municipal ad valorem
310	316		taxes; and
311	317		(3) are the personal liability of and a charge against
312	318		the owners of the property even if the owners are not named in the
313	319		assessment proceedings.
314	320		(c) The lien is effective from the date of the board's
315	321		resolution imposing the assessment until the date the assessment is
316	322		paid. The board may enforce the lien in the same manner that the
317	323		board may enforce an ad valorem tax lien against real property.
318	324		(d) The board may make a correction to or deletion from the
319	325		assessment roll that does not increase the amount of assessment of
320	326		any parcel of land without providing notice and holding a hearing in
321	327		the manner required for additional assessments.
322	328		Sec. 3981.0403. IMPACT FEES PROHIBITED. The district may
323	329		not adopt or impose an impact fee.
324	330		SUBCHAPTER E. TAXES AND BONDS
325	331		Sec. 3981.0501. TAX ELECTION REQUIRED. The district must
326	332		hold an election in the manner provided by Chapter 49, Water Code,
327	333		or, if applicable, Chapter 375, Local Government Code, to obtain
328	334		voter approval before the district may impose an ad valorem tax.
329	335		Sec. 3981.0502. OPERATION AND MAINTENANCE TAX. (a) If
330	336		authorized by a majority of the district voters voting at an
331	337		election under Section 3981.0501, the district may impose an
332	338		operation and maintenance tax on taxable property in the district
333	339		in the manner provided by Section 49.107, Water Code, for any
334	340		district purpose, including to:
335	341		(1) maintain and operate the district;
336	342		(2) construct or acquire improvements; or
337	343		(3) provide a service.
338	344		(b) The board shall determine the operation and maintenance
339	345		tax rate. The rate may not exceed the rate approved at the
340	346		election.
341	347		Sec. 3981.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
342	348		BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
343	349		terms determined by the board.
344	350		(b) The district may issue bonds, notes, or other
345	351		obligations payable wholly or partly from ad valorem taxes,
346	352		assessments, revenue, contract payments, grants, or other district
347	353		money, or any combination of those sources of money, to pay for any
348	354		authorized district purpose.
349	355		(c) The principal amount of bonds issued by the district in
350	356		aggregate may not exceed 10 percent of the assessed value of all
351	357		real property in the district.
352	358		Sec. 3981.0504. BONDS SECURED BY REVENUE OR CONTRACT
353	359		PAYMENTS. The district may issue, without an election, bonds
354	360		secured by:
355	361		(1) revenue other than ad valorem taxes, including
356	362		contract revenues; or
357	363		(2) contract payments, provided that the requirements
358	364		of Section 49.108, Water Code, have been met.
359	365		Sec. 3981.0505. BONDS SECURED BY AD VALOREM TAXES;
360	366		ELECTIONS. (a) If authorized at an election under Section
361	367		3981.0501, the district may issue bonds payable from ad valorem
362	368		taxes.
363	369		(b) Section 375.243, Local Government Code, does not apply
364	370		to the district.
365	371		(c) At the time the district issues bonds payable wholly or
366	372		partly from ad valorem taxes, the board shall provide for the annual
367	373		imposition of a continuing direct annual ad valorem tax, without
368	374		limit as to rate or amount, for each year that all or part of the
369	375		bonds are outstanding as required and in the manner provided by
370	376		Sections 54.601 and 54.602, Water Code.
371	377		(d) All or any part of any facilities or improvements that
372	378		may be acquired by a district by the issuance of its bonds may be
373	379		submitted as a single proposition or as several propositions to be
374	380		voted on at the election.
375	381		Sec. 3981.0506. CITY NOT REQUIRED TO PAY DISTRICT
376	382		OBLIGATIONS. Except as provided by Section 375.263, Local
377	383		Government Code, the city is not required to pay a bond, note, or
378	384		other obligation of the district.
379	385		SUBCHAPTER F. DEFINED AREAS
380	386		Sec. 3981.0601. AUTHORITY TO ESTABLISH DEFINED AREAS OR
381	387		DESIGNATED PROPERTY. The district may define areas or designate
382	388		certain property of the district to pay for improvements,
383	389		facilities, or services that primarily benefit that area or
384	390		property and do not generally and directly benefit the district as a
385	391		whole.
386	392		Sec. 3981.0602. PROCEDURE FOR ELECTION. (a) Before the
387	393		district may impose an ad valorem tax applicable only to the defined
388	394		area or designated property or issue bonds payable from ad valorem
389	395		taxes of the defined area or designated property, the board shall
390	396		hold an election as provided by Section 3981.0501 in the defined
391	397		area or designated property only.
392	398		(b) The board may submit the proposition to the voters on
393	399		the same ballot to be used in another election.
394	400		Sec. 3981.0603. DECLARING RESULT AND ISSUING ORDER.
395	401		(a) If a majority of the voters voting at the election held under
396	402		Section 3981.0602 approve the proposition or propositions, the
397	403		board shall declare the results and, by order, shall establish the
398	404		defined area or designated property and describe it by metes and
399	405		bounds or designate the specific area or property.
400	406		(b) The board's order is not subject to judicial review
401	407		except on the ground of fraud, palpable error, or arbitrary and
402	408		confiscatory abuse of discretion.
403	409		Sec. 3981.0604. TAXES FOR SERVICES, IMPROVEMENTS, AND
404	410		FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
405	411		approval and adoption of the order described by Section 3981.0603,
406	412		the district may apply separately, differently, equitably, and
407	413		specifically its taxing power and lien authority to the defined
408	414		area or designated property to provide money to construct,
409	415		administer, maintain, and operate services, improvements, and
410	416		facilities that primarily benefit the defined area or designated
411	417		property.
412	418		Sec. 3981.0605. ISSUANCE OF BONDS FOR DEFINED AREA OR
413	419		DESIGNATED PROPERTY. After the order under Section 3981.0603 is
414	420		adopted, the district may issue bonds to provide for any land,
415	421		improvements, facilities, plants, equipment, and appliances for
416	422		the defined area or designated property.
417	423		SUBCHAPTER G. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
418	424		Sec. 3981.0701. DIVISION OF DISTRICT; PREREQUISITES. The
419	425		district may be divided into two or more new districts only if the
420	426		district:
421	427		(1) has never issued any bonds; and
422	428		(2) is not imposing ad valorem taxes.
423	429		Sec. 3981.0702. LAW APPLICABLE TO NEW DISTRICT. This
424	430		chapter applies to any new district created by division of the
425	431		district, and a new district has all the powers and duties of the
426	432		district.
427	433		Sec. 3981.0703. LIMITATION ON AREA OF NEW DISTRICT. A new
428	434		district created by the division of the district may not, at the
429	435		time the new district is created, contain any land outside the area
430	436		described by Section 2 of the Act enacting this chapter.
431	437		Sec. 3981.0704. DIVISION PROCEDURES. (a) The board, on its
432	438		own motion or on receipt of a petition signed by the owner or owners
433	439		of a majority of the assessed value of the real property in the
434	440		district, may adopt an order dividing the district.
435	441		(b) An order dividing the district must:
436	442		(1) name each new district;
437	443		(2) include the metes and bounds description of the
438	444		territory of each new district;
439	445		(3) appoint temporary directors for each new district;
440	446		and
441	447		(4) provide for the division of assets and liabilities
442	448		between the new districts.
443	449		(c) On or before the 30th day after the date of adoption of
444	450		an order dividing the district, the district shall file the order
445	451		with the Texas Commission on Environmental Quality and record the
446	452		order in the real property records of each county in which the
447	453		district is located.
448	454		Sec. 3981.0705. DIRECTORS' ELECTION FOR NEW DISTRICT. A
449	455		new district created by the division of the district shall hold a
450	456		directors' election in the manner provided by Section 3981.0201.
451	457		Sec. 3981.0706. TAX OR BOND ELECTION. Before a new district
452	458		created by the division of the district may impose an operation and
453	459		maintenance tax under Section 3981.0502 or issue bonds payable
454	460		wholly or partly from ad valorem taxes, the new district must hold
455	461		an election as required by this chapter to obtain voter approval.
456	462		Sec. 3981.0707. CITY CONSENT. (a) City consent to the
457	463		creation of the district and to the inclusion of land in the
458	464		district granted under Section 3981.0109 acts as municipal consent
459	465		to the creation of any new district created by the division of the
460	466		district and to the inclusion of land in the new district.
461	467		(b) A new district created by division of the district is
462	468		subject to the terms and conditions contained in the ordinance or
463	469		resolution consenting to the creation of the district under Section
464	470		3981.0109.
465	471		Sec. 3981.0708. OPERATING AGREEMENT AND PROJECT AGREEMENT.
466	472		(a) Except as provided by Subsection (b), before a new district
467	473		created by division of the district may exercise any powers under
468	474		this chapter:
469	475		(1) the new district must enter into:
470	476		(A) a joinder to the existing operating agreement
471	477		between the city and the district; or
472	478		(B) a separate operating agreement with the city;
473	479		and
474	480		(2) each developer of property in the new district
475	481		must enter into:
476	482		(A) a joinder to an existing project agreement
477	483		between the city and a developer of property in the district
478	484		applicable to the territory in the new district; or
479	485		(B) a separate project agreement with the city.
480	486		(b) A new district created by division of the district has
481	487		the powers necessary, convenient, or desirable to negotiate and
482	488		execute an agreement described by Subsection (a).
483	489		SUBCHAPTER H. DISSOLUTION
484	490		Sec. 3981.0801. DISSOLUTION. (a) The board shall dissolve
485	491		the district on written petition filed with the board by the owner
486	492		or owners of:
487	493		(1) 66 percent or more of the assessed value of the
488	494		property subject to assessment by the district based on the most
489	495		recent certified county property tax rolls; or
490	496		(2) 66 percent or more of the surface area of the
491	497		district, excluding roads, streets, highways, utility
492	498		rights-of-way, other public areas, and other property exempt from
493	499		assessment by the district according to the most recent certified
494	500		county property tax rolls.
495	501		(b) The board by majority vote may dissolve the district at
496	502		any time.
497	503		(c) The district may not be dissolved by its board under
498	504		Subsection (a) or (b) if the district:
499	505		(1) has any outstanding bonded indebtedness until that
500	506		bonded indebtedness has been repaid or defeased in accordance with
501	507		the order or resolution authorizing the issuance of the bonds;
502	508		(2) has a contractual obligation to pay money until
503	509		that obligation has been fully paid in accordance with the
504	510		contract; or
505	511		(3) owns, operates, or maintains public works,
506	512		facilities, or improvements unless the district contracts with
507	513		another person for the ownership, operation, or maintenance of the
508	514		public works, facilities, or improvements.
509	515		(d) Sections 375.261, 375.262, and 375.264, Local
510	516		Government Code, do not apply to the district.
511	517		SECTION 2. The Cole Ranch Improvement District No. 1 of
512	518		Denton County, Texas, initially includes all territory contained in
513	519		the following area:
514	520		TRACT 1 (North Tract):
515	521		SITUATED in Denton County, Texas in the J. W. Kjellberg
516	522		Survey, Abstract No. 1610, the James McDonald Survey, Abstract
517	523		No. 873, the I.W. Byerly Survey, Abstract No. 1458, the J. Dalton
518	524		Survey, Abstract No. 353, the J. A. Burn Survey, Abstract No. 132,
519	525		the T. & P. R. R., Abstract No. 1292, the A. C. Madden Survey,
520	526		Abstract No. 851, the I. N. Hembree Survey, Abstract No. 594, the
521	527		J. Bacon Survey, Abstract No. 1540, the Wm. Neill Survey, Abstract
522	528		No. 970, the B. B. B. & C.R.R. Co. Survey, Abstract No. 176, the T.
523	529		E. Carruth Survey, Abstract 1707, being a Survey of part of the
524	530		562.8 acre "First tract", a Survey of the 798.2 acre "Second Tract",
525	531		a Survey of part of the 640 acre "Third Tract" described in a deed
526	532		from T. E. Carruth, et al to M. T. Cole, dated December 22, 1931,
527	533		recorded in Volume 238, Page 410, a Survey of part of the 415 acre
528	534		tract described in a deed from Rudy Copeland and wife, Mary A.
529	535		Copeland to M. T. Cole, dated September 26, 1933, recorded in Volume
530	536		243, Page 572, both deeds of the Denton County Deed Records, being
531	537		described by metes and bounds as follows:
532	538		BEGINNING at an 1/2-inch iron pin found at the Northwest
533	539		corner of said 798.2 acre tract in the center of Tom Cole Road
534	540		(East-West asphalt road) and C. Wolfe Road (rock road) from the
535	541		South;
536	542		THENCE South 88 degrees 55 minutes 44 seconds East, generally
537	543		with the center of said Tom Cole Road, 4685.36 feet to an "x" cut in
538	544		a concrete bridge;
539	545		THENCE North 89 degrees 43 minutes 13 seconds East, generally
540	546		with the center of said Tom Cole Road, 2521.29 feet to a 3/4-inch
541	547		iron pin set in place of a nail found at the Northeast corner of said
542	548		798.2 acre tract;
543	549		THENCE South 00 degrees 23 minutes 40 seconds West, with the
544	550		East line of said 798.2 acre tract and generally near an old fence,
545	551		1865.00 feet to an 1/2-inch iron pin set by a corner post at the
546	552		East-Southeast corner of said 798.2 acre tract; same being in the
547	553		North line of said 640 acre tract;
548	554		THENCE South 88 degrees 52 minutes 00 seconds East, with the
549	555		North line of said 640 acre tract and generally near an old fence,
550	556		1616.90 feet to an 1/2-inch iron pin set near a corner post at the
551	557		Northwest corner of the 24.73 acre "Tract One" recorded in Volume
552	558		871, Page 137;
553	559		THENCE South 01 degree 07 minutes 58 seconds West, with the
554	560		West line of said 24.73 acre tract and generally near a fence,
555	561		950.05 feet to an 1/2-inch iron pin found at the West-Southwest
556	562		corner of said 24.73 acre tract;
557	563		THENCE South 88 degrees 58 minutes 35 seconds East, with a
558	564		South line of said 24.73 acre tract, 144.97 feet to an 1/2-inch iron
559	565		pin found at an inside corner of said 24.73 acre tract;
560	566		THENCE South 01 degree 05 minutes 17 seconds West, with a West
561	567		line of said 24.73 acre tract and with the West line of the 13.89
562	568		acre "Tract Two" in said Volume 871, Page 137, 699.86 feet to an
563	569		1/2-inch iron pin found at the Southwest corner of said 13.89 acre
564	570		tract; same being the Northwest corner of the 31.107 acre tract
565	571		recorded in Clerk's File No. 94-71013;
566	572		THENCE South 09 degrees 20 minutes 01 second West, with the
567	573		West line of said 31.107 acre tract, 1010.79 feet to an 1/2-inch
568	574		iron pin found at the Southwest corner of said 31.107 acre tract;
569	575		THENCE South 88 degrees 53 minutes 58 seconds East, with the
570	576		South line of said 31.107 acre tract, 1499.78 feet to an 1/2-inch
571	577		iron pin found at the Southeast corner of said 31.107 acre tract;
572	578		THENCE North 07 degrees 10 minutes 06 seconds West, with the
573	579		East line of said 31.107 acre tract, 1009.80 feet to an 1/2-inch
574	580		iron pin found at the Northeast corner of said 31.107 acre tract;
575	581		same being the Southeast corner of said 13.89 acre tract;
576	582		THENCE North 01 degree 06 minutes 57 seconds East, with the
577	583		East line of said 13.89 acre tract and an East line of said 24.73
578	584		acre tract 699.98 feet to an 1/2-inch iron pin found at an inside
579	585		corner of said 24.73 acre tract;
580	586		THENCE South 88 degrees 52 minutes 57 seconds East, with a
581	587		South line of said 24.73 acre tract, 144.76 feet to an 1/2-inch iron
582	588		pin found at the East-Southeast corner of said 24.73 acre tract;
583	589		THENCE North 01 degree 04 minutes 51 seconds East, with the
584	590		East line of said 24.73 acre tract, 629.19 feet to an 1/2-inch iron
585	591		pin found at the Northeast corner of said 24.73 acre tract;
586	592		THENCE North 89 degrees 25 minutes 26 seconds East, with the
587	593		South line of the Southeast Airport Addition recorded in Volume G,
588	594		Page 295 of the Denton County Plat Records, 1534.00 feet to an
589	595		1/2-inch iron pin found at the Southeast corner of said Airport
590	596		Addition, in the center of Westcourt Road (North-South asphalt
591	597		road);
592	598		THENCE South 00 degrees 38 minutes 25 seconds West, with an
593	599		East line of said 415 acre tract and generally with the center of
594	600		said Westcourt Road, 1150.78 feet to a 5/8-inch iron pin found at an
595	601		inside corner of said 415 acre tract;
596	602		THENCE North 89 degrees 48 minutes 14 seconds East, generally
597	603		along Spring Side Road, 870.00 feet to an 1/2-inch iron pin found at
598	604		the Northwest corner of the 10 acre tract recorded in Volume 971,
599	605		Page 251;
600	606		THENCE southerly along the East side of Underwood Road
601	607		(North-South asphalt road) as follows:
602	608		South 00 degrees 11 minutes 34 seconds East, 646.53 feet to a
603	609		5-inch pipe corner post;
604	610		South 00 degrees 48 minutes 00 seconds East, generally near a
605	611		fence for part of the way, 645.16 feet to a 5-inch pipe corner post;
606	612		South 00 degrees 41 minutes 32 seconds East, 547.42 feet to a
607	613		5/8-inch iron pin found at the North-Northwest corner of the 76.768
608	614		acre tract recorded in Volume 1166, Page 235;
609	615		South 00 degrees 00 minutes 11 seconds West, with a West line
610	616		of said 76.768 acre tract and generally near a wood fence for part
611	617		of the way, 344.00 feet to an 1/2-inch iron pin set at an inside
612	618		corner of said 76.768 acre tract;
613	619		THENCE South 89 degrees 58 minutes 11 seconds West, with a
614	620		North line of said 76.768 acre tract and crossing said Underwood
615	621		Road, 125.00 feet to an 1/2-inch iron pin set at the West-Northwest
616	622		corner of said 76.768 acre tract;
617	623		THENCE South 00 degrees 15 minutes 42 seconds East, with the
618	624		West line of said 76.768 acre tract and on the West side of said
619	625		Underwood Road, passing the Southwest corner of said 76.768 acre
620	626		tract and continuing in all, 1561.35 feet to an 1/2-inch iron pin
621	627		found near said Underwood Road; same being the North-Northwest
622	628		corner of the 96.85 acre tract recorded in Clerk's File
623	629		No. 98-117450;
624	630		THENCE South 01 degree 54 minutes 54 seconds West, with a West
625	631		line of said 96.85 acre tract and generally with said Underwood
626	632		Road, 1205.51 feet to an one inch iron pin found at the an inside
627	633		corner of said 96.85 acre tract; same being the Southeast corner of
628	634		said 415 acre tract; same being where said road turns West;
629	635		THENCE North 89 degrees 27 minutes 33 seconds West, with the
630	636		South line of said 415 acre tract and generally with the center of
631	637		said Underwood Road, 1362.76 feet to an 1/2-inch iron pin set at the
632	638		East-Southeast corner of the 18.726 acre "Tract II" recorded in
633	639		Volume 489, Page 551 of the right-of-way of Farm Road No. 2449;
634	640		THENCE North 00 degrees 28 minutes 37 seconds East, with the
635	641		East line of said 18.726 acre tract and the right-of-way line of
636	642		said Farm Road No. 2449, 45.00 feet to an 1/2-inch iron pin set at
637	643		the Northeast corner of said 18.726 acre tract;
638	644		THENCE with the North line of said 18.726 acre tract, the
639	645		North right-of-way line of said Farm Road No. 2449 and generally
640	646		near a fence as follows:
641	647		North 89 degrees 31 minutes 23 seconds West, 2944.75 feet to
642	648		an 1/2-inch iron pin set;
643	649		South 89 degrees 46 minutes 37 seconds West, 7200.01 feet to
644	650		an 1/2-inch iron pin set;
645	651		North 84 degrees 30 minutes 45 seconds West, 100.50 feet to an
646	652		1/2-inch iron pin set;
647	653		South 89 degrees 46 minutes 37 seconds West, 200.00 feet to an
648	654		1/2-inch iron pin set;
649	655		South 84 degrees 03 minutes 59 seconds West, 100.50 feet to an
650	656		1/2-inch iron pin set;
651	657		South 89 degrees 46 minutes 37 seconds West, 678.22 feet to an
652	658		1/2-inch iron pin set;
653	659		North 44 degrees 49 minutes 38 seconds West, 39.98 feet to an
654	660		1/2-inch iron pin set at the Northwest corner of said 18.726 acre
655	661		tract; same being in the East line of said C. Wolfe Road;
656	662		THENCE North 00 degrees 30 minutes 56 seconds East, with the
657	663		East line of said C. Wolfe Road and generally near a fence, 1353.53
658	664		feet to an 1/2-inch iron pin set;
659	665		THENCE North 89 degrees 32 minutes 13 seconds West, 17.14
660	666		feet to an 1/2-inch iron pin set in the center of said C. Wolfe Road,
661	667		in the West line of said 798.2 acre tract;
662	668		THENCE North 00 degrees 32 minutes 15 seconds East, with the
663	669		West line of said 798.2 acre tract and generally with the center of
664	670		said C. Wolfe Road, 6972.35 feet to the PLACE OF BEGINNING and
665	671		containing 2049.00 acres.
666	672		TRACT 2 (South Tract):
667	673		SITUATED in Denton County, Texas in the S. Paine Survey,
668	674		Abstract No. 1035, the M. Paine Survey, Abstract No. 1036, the
669	675		George West Survey, Abstract No. 1393, the B. B. B. & C.R.R. Co.
670	676		Survey, Abstract No. 176, the E.N. Oliver Survey, Abstract No. 989,
671	677		the J. T. Evans Survey, Abstract No. 411, the C. Manchaca Survey,
672	678		Abstract No. 789, the G. W. Pettingale Survey, Abstract No. 1041,
673	679		the J. W. Kjellberg Survey, Abstract No. 1610, being a Survey of
674	680		part of 1.086 acre tract described in a deed from Maurine P. Myers,
675	681		et al to M. T. Cole Trust NO. 1, recorded in Volume 1018, Page 453,
676	682		being a Survey of part of the 562.8 acre "First tract" described in
677	683		a deed from T. E. Carruth, et al to M. T. Cole, dated December 22,
678	684		1931, recorded in Volume 238, Page 410, a Survey of the 640 acre
679	685		tract described in a Deed from T. E. Carruth, et al to M. T. Cole,
680	686		dated January 4, 1935, recorded in Volume 250, Page 121, a Survey of
681	687		the 429-3/4 acre tract described in a deed from T. E. Carruth, et al
682	688		to M. T. Cole, dated March 28, 1936, recorded in Volume 256, Page
683	689		285, all Deeds of the Denton County Deed Records, being described by
684	690		metes and bounds as follows:
685	691		BEGINNING at an 1/2-inch iron pin set in a broke off Bois
686	692		d'arc corner post at the Southwest corner of said 640 acre tract;
687	693		same being in the East line of the 320.350 acre tract recorded in
688	694		Clerk's File No. 99-67258;
689	695		THENCE North 00 degrees 35 minutes 15 seconds East, with the
690	696		East line of said 320.350 acre tract and generally near a fence,
691	697		3057.12 feet to a 5/8-inch iron pin found at the Northeast corner of
692	698		said 320.350 acre tract;
693	699		THENCE North 89 degrees 23 minutes 04 seconds West, with the
694	700		North line of said 320.350 acre tract, 153.52 feet to an 1/2-inch
695	701		iron pin set in the West line of said 1.086 acre tract; same being on
696	702		the East side of H. Lively Road (rock road);
697	703		THENCE northerly with the East side of said H. Lively Road,
698	704		with the West line of said 1.086 acre tract and generally near a
699	705		fence as follows:
700	706		North 49 degrees 11 minutes 19 seconds East, 31.80 feet to an
701	707		1/2-inch iron pin set;
702	708		North 06 degrees 29 minutes 42 seconds East, 103.71 feet to an
703	709		1/2-inch iron pin set;
704	710		North 07 degrees 48 minutes 12 seconds East, 90.24 feet to an
705	711		1/2-inch iron pin set;
706	712		North 19 degrees 36 minutes 29 seconds East, 83.19 feet to an
707	713		1/2-inch iron pin set;
708	714		North 17 degrees 17 minutes 59 seconds East, 221.61 feet to an
709	715		1/2-inch iron pin set at the Northwest corner of said 1.086 acre
710	716		tract;
711	717		THENCE South 89 degrees 52 minutes 01 second East, with the
712	718		North line of said 1.086 acre tract, 17.07 feet to an 1/2-inch iron
713	719		pin found at the Northeast corner of said 1.086 acre tract; same
714	720		being in the East line of the 160.939 acre tract recorded in Volume
715	721		1300, Page 933;
716	722		THENCE northerly with the East line of said 160.939 acre
717	723		tract, the East side of said H. Lively Road and generally near a
718	724		fence as follows:
719	725		North 00 degrees 48 minutes 45 seconds East, 72.34 feet to an
720	726		1/2-inch iron pin found;
721	727		North 00 degrees 23 minutes 31 seconds East, 2695.55 feet to
722	728		an 1/2-inch iron pin set in the South right-of-way line of Farm Road
723	729		No. 2449;
724	730		THENCE easterly with the South right-of-way line of said Farm
725	731		Road No. 2449 and generally near a fence as follows:
726	732		North 45 degrees 10 minutes 52 seconds East, 41.58 feet to an
727	733		1/2-inch iron pin set;
728	734		North 89 degrees 46 minutes 37 seconds East, 679.48 feet to an
729	735		1/2-inch iron pin set;
730	736		South 84 degrees 30 minutes 45 seconds East, 100.50 feet to an
731	737		1/2-inch iron pin set;
732	738		North 89 degrees 46 minutes 37 seconds East, 200.00 feet to an
733	739		60d nail set in top of a wood right-of-way marker;
734	740		North 84 degrees 03 minutes 59 seconds East, 100.50 feet to an
735	741		1/2-inch iron pin set;
736	742		North 89 degrees 46 minutes 37 seconds East, 1462.48 feet to
737	743		an 1/2-inch iron pin found at the Northwest corner of the 18.28 acre
738	744		tract recorded in Volume 5, Page 709 of the Lis Pendens records of
739	745		Denton County, Texas
740	746		THENCE South 00 degrees 16 minutes 13 seconds East, with an
741	747		West line of said 18.28 acre tract and generally near a fence 711.07
742	748		feet to an 1/2-inch iron pin found by a corner post at the Southwest
743	749		corner of said 18.28 acre tract;
744	750		THENCE North 89 degrees 45 minutes 23 seconds East, with the
745	751		South line of said 18.28 acre tract and generally near a fence,
746	752		1119.68 feet to an 1/2-inch iron pin found by a corner post at the
747	753		Southeast corner of said 18.28 acre tract;
748	754		THENCE North 00 degrees 12 minutes 56 seconds West, with the
749	755		East line of said 18.28 acre tract and generally near a fence,
750	756		710.67 feet to an 1/2-inch iron pin set at the Northeast corner of
751	757		said 18.28 acre tract, in the South right-of-way line of said Farm
752	758		Road No. 2449;
753	759		THENCE North 89 degrees 46 minutes 37 seconds East, with the
754	760		North right-of-way line of said Farm Road No. 2449 and generally
755	761		near a fence, 4616.62 feet to an 1/2-inch iron pin set in an East
756	762		line of said 562.8 acre tract;
757	763		THENCE South 00 degrees 09 minutes 33 seconds West, with an
758	764		East line of said 562.8 acre tract and generally with the center of
759	765		a rock road 1652.60 feet to an 1/2-inch iron pin set at the
760	766		South-Southeast corner of said 562.8 acre tract, where said road
761	767		turns to the West;
762	768		THENCE North 89 degrees 28 minutes 35 seconds West, with the
763	769		South line of said 562.8 acre tract and generally with the center of
764	770		said rock road, 254.68 feet to an 1/2-inch iron pin set in place of a
765	771		60d nail found at the North-Northeast corner of said 429-3/4 acre
766	772		tract;
767	773		THENCE South 00 degrees 24 minutes 30 seconds West, with an
768	774		East line of said 429-3/4 acre tract and generally near an old
769	775		fence, 2169.07 feet to a Bois d'arc corner post found at the inside
770	776		corner of said 429-3/4 acre tract;
771	777		THENCE South 89 degrees 56 minutes 06 seconds East, with a
772	778		North line of said 429-3/4 acre tract and generally near the
773	779		evidence of an old fence, passing an 1/2-inch iron pin set by a
774	780		corner post at 3125.59 feet and continuing in all, 3151.06 feet to a
775	781		point on the West edge of John Paine Road (North-South rock road);
776	782		same being in a West line of the 2329.49 acre tract recorded in
777	783		Clerk's File No. 98-117450;
778	784		THENCE South 00 degrees 33 minutes 24 seconds West, with a
779	785		West line of said 2329.49 acre tract and with the West edge of said
780	786		John Paine Road, 2545.07 feet to an 1/2-inch iron pin found at the
781	787		Southeast corner of said 429-3/4 acre tract and an inside corner of
782	788		said 2329.49 acre tract;
783	789		THENCE North 89 degrees 47 minutes 59 seconds West, with the
784	790		South line of said 429-3/4 acre tract, a North line of said 2329.49
785	791		acre tract and generally near an old fence, 5406.60 feet to a Bois
786	792		d'arc corner post found at the Southwest corner of said 429-3/4 acre
787	793		tract and a Northwest corner of said 2329.49 acre tract;
788	794		THENCE South 01 degree 59 minutes 48 seconds West, with a West
789	795		line of said 2329.49 acre tract and generally near a fence, 92.25
790	796		feet to a Bois d'arc corner post found at an inside corner of said
791	797		2329.49 acre tract and the Southeast corner of said 640 acre tract;
792	798		an one inch iron pipe found bears South 87 degrees 45 minutes 56
793	799		seconds East, 3.46 feet;
794	800		THENCE North 89 degrees 30 minutes 24 seconds West, with the
795	801		South line of said 640 acre tract, a North line of said 2329.49 acre
796	802		tract and generally near an old fence for most of the way, 5806.65
797	803		feet to the PLACE OF BEGINNING and containing 1357.12 acres.
798	804		SAVE AND EXCEPT THE FOLLOWING TRACTS OF LAND:
799	805		Except Tract 1:
800	806		22.18748 acres of land situated in Denton County, Texas, in
801	807		the George West Survey, Abstract No. 1393 and the G.W. Pettingale
802	808		Survey, Abstract No. 1041, being more particularly described in
803	809		that certain Special Warranty Deed from SLF II Cole Property, L.P.
804	810		to Corporation of the Episcopal Diocese of Dallas dated to be
805	811		effective as of February 29, 2008 and recorded on March 4, 2008 as
806	812		Instrument No. 2008-22241 in the Real Property Records of Denton
807	813		County, Texas.
808	814		Except Tract 2:
809	815		184.812 acres of land situated in Denton County, Texas, in
810	816		the William Neill Survey, Abstract No. 970, the John Bacon Survey,
811	817		Abstract No. 1540, the Isaac N. Hambree Survey, Abstract No. 594,
812	818		the Jeremiah Dalton Survey, Abstract No. 353 and the J.W. Kjellberg
813	819		Survey, Abstract No. 1610, being more particularly described in
814	820		that certain Special Warranty Deed from SLF II Cole Property, L.P.
815	821		to Aldi (Texas) L.L.C. dated to be effective as of May 8, 2008 and
816	822		recorded on May 8, 2008 as Instrument No. 2008-50360 in the Real
817	823		Property Records of Denton County, Texas.
818	824		Except Tract 3:
819	825		0.247 acre of land situated in Denton County, Texas, in the
820	826		Jeremiah Dalton Survey, Abstract No. 353, being more particularly
821	827		described in that certain Donation Deed from SLF II Cole Property,
822	828		L.P. to Denton County, Texas dated to be effective as of September
823	829		1, 2010 and recorded on October 26, 2010 as Instrument
824	830		No. 2010-107113 in the Real Property Records of Denton County,
825	831		Texas, and recorded again on July 25, 2011 as Instrument
826	832		No. 2011-68617 in the Real Property Records of Denton County,
827	833		Texas.
828	834		Except Tract 4:
829	835		29.444 acres of land, situated in the J. McDonald Survey,
830	836		A-873, Denton County, Texas, and being more particularly described
831	837		in that certain Special Warranty Deed from SLF II Cole Property,
832	838		L.P. to the City of Denton, Texas dated to be effective as of
833	839		December 27, 2016 and recorded on December 29, 2016 as Instrument
834	840		No. 163835 in the Real Property Records of Denton County, Texas.
835	841		SECTION 3. (a) The legal notice of the intention to
836	842		introduce this Act, setting forth the general substance of this
837	843		Act, has been published as provided by law, and the notice and a
838	844		copy of this Act have been furnished to all persons, agencies,
839	845		officials, or entities to which they are required to be furnished
840	846		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
841	847		Government Code.
842	848		(b) The governor, one of the required recipients, has
843	849		submitted the notice and Act to the Texas Commission on
844	850		Environmental Quality.
845	851		(c) The Texas Commission on Environmental Quality has filed
846	852		its recommendations relating to this Act with the governor,
847	853		lieutenant governor, and speaker of the house of representatives
848	854		within the required time.
849	855		(d) All requirements of the constitution and laws of this
850	856		state and the rules and procedures of the legislature with respect
851	857		to the notice, introduction, and passage of this Act have been
852	858		fulfilled and accomplished.
853	859		SECTION 4. This Act takes effect immediately if it receives
854	860		a vote of two-thirds of all the members elected to each house, as
855	861		provided by Section 39, Article III, Texas Constitution. If this
856	862		Act does not receive the vote necessary for immediate effect, this
857	863		Act takes effect September 1, 2019.
858		-	______________________________ ______________________________
859		-	President of the Senate Speaker of the House
860		-	I certify that H.B. No. 4693 was passed by the House on May
861		-	10, 2019, by the following vote: Yeas 122, Nays 19, 2 present, not
862		-	voting.
863		-	______________________________
864		-	Chief Clerk of the House
865		-	I certify that H.B. No. 4693 was passed by the Senate on May
866		-	22, 2019, by the following vote: Yeas 28, Nays 3.
867		-	______________________________
868		-	Secretary of the Senate
869		-	APPROVED: _____________________
870		-	Date
871		-	_____________________
872		-	Governor
	864	+	* * * * *