Texas 2019 - 86th Regular

Texas House Bill HB4742 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4742
	1	+	By: Bowers (Senate Sponsor - West) H.B. No. 4742
	2	+	(In the Senate - Received from the House May 8, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 17, 2019, reported adversely,
	5	+	with favorable Committee Substitute by the following vote: Yeas 7,
	6	+	Nays 0; May 17, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4742 By: Alvarado
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation of the SoGood Cedars Municipal Management
6	14		District; providing authority to issue bonds; providing authority
7	15		to impose assessments and fees.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	18		Code, is amended by adding Chapter 3963 to read as follows:
11	19		CHAPTER 3963. SOGOOD CEDARS MUNICIPAL MANAGEMENT DISTRICT
12	20		SUBCHAPTER A. GENERAL PROVISIONS
13	21		Sec. 3963.0101. DEFINITIONS. In this chapter:
14	22		(1) "Board" means the district's board of directors.
15	23		(2) "City" means the City of Dallas.
16	24		(3) "Director" means a board member.
17	25		(4) "District" means the SoGood Cedars Municipal
18	26		Management District.
19	27		(5) "Exempt property" means property owned by a
20	28		governmental entity, including the city.
21	29		Sec. 3963.0102. NATURE OF DISTRICT. The SoGood Cedars
22	30		Municipal Management District is a special district created under
23	31		Section 59, Article XVI, Texas Constitution.
24	32		Sec. 3963.0103. PURPOSE; DECLARATION OF INTENT. (a) The
25	33		creation of the district is essential to accomplish the purposes of
26	34		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
27	35		Texas Constitution, and other public purposes stated in this
28	36		chapter.
29	37		(b) By creating the district and in authorizing the city and
30	38		other political subdivisions to contract with the district, the
31	39		legislature has established a program to accomplish the public
32	40		purposes set out in Section 52-a, Article III, Texas Constitution.
33	41		(c) The creation of the district is necessary to promote,
34	42		develop, encourage, and maintain employment, commerce,
35	43		transportation, housing, tourism, recreation, the arts,
36	44		entertainment, economic development, safety, and the public
37	45		welfare in the district.
38	46		(d) This chapter and the creation of the district may not be
39	47		interpreted to relieve the city from providing the level of
40	48		services provided as of the effective date of the Act enacting this
41	49		chapter to the area in the district. The district is created to
42	50		supplement and not to supplant city services provided in the
43	51		district.
44	52		Sec. 3963.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
45	53		(a) All land and other property included in the district will
46	54		benefit from the improvements and services to be provided by the
47	55		district under powers conferred by Sections 52 and 52-a, Article
48	56		III, and Section 59, Article XVI, Texas Constitution, and other
49	57		powers granted under this chapter.
50	58		(b) The district is created to serve a public use and
51	59		benefit.
52	60		(c) The creation of the district is in the public interest
53	61		and is essential to further the public purposes of:
54	62		(1) developing and diversifying the economy of the
55	63		state;
56	64		(2) eliminating unemployment and underemployment; and
57	65		(3) developing or expanding transportation and
58	66		commerce.
59	67		(d) The district will:
60	68		(1) promote the health, safety, and general welfare of
61	69		residents, employers, potential employees, employees, visitors,
62	70		and consumers in the district, and of the public;
63	71		(2) provide needed funding for the district to
64	72		preserve, maintain, and enhance the economic health and vitality of
65	73		the district territory as a community and business center;
66	74		(3) promote the health, safety, welfare, and enjoyment
67	75		of the public by providing pedestrian ways and by landscaping and
68	76		developing certain areas in the district, which are necessary for
69	77		the restoration, preservation, and enhancement of scenic beauty;
70	78		and
71	79		(4) provide for water, wastewater, drainage, road, and
72	80		recreational facilities for the district.
73	81		(e) Pedestrian ways along or across a street, whether at
74	82		grade or above or below the surface, and street lighting, street
75	83		landscaping, parking, and street art objects are parts of and
76	84		necessary components of a street and are considered to be a street
77	85		or road improvement.
78	86		(f) The district will not act as the agent or
79	87		instrumentality of any private interest even though the district
80	88		will benefit many private interests as well as the public.
81	89		Sec. 3963.0105. INITIAL DISTRICT TERRITORY. (a) The
82	90		district is initially composed of the territory described by
83	91		Section 2 of the Act enacting this chapter.
84	92		(b) The boundaries and field notes contained in Section 2 of
85	93		the Act enacting this chapter form a closure. A mistake in the
86	94		field notes or in copying the field notes in the legislative process
87	95		does not affect the district's:
88	96		(1) organization, existence, or validity;
89	97		(2) right to issue any type of bonds for the purposes
90	98		for which the district is created or to pay the principal of and
91	99		interest on the bonds;
92	100		(3) right to impose or collect an assessment; or
93	101		(4) legality or operation.
94	102		Sec. 3963.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
95	103		All or any part of the area of the district is eligible to be
96	104		included in:
97	105		(1) a tax increment reinvestment zone created under
98	106		Chapter 311, Tax Code; or
99	107		(2) a tax abatement reinvestment zone created under
100	108		Chapter 312, Tax Code.
101	109		Sec. 3963.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
102	110		DISTRICTS LAW. Except as otherwise provided by this chapter,
103	111		Chapter 375, Local Government Code, applies to the district.
104	112		Sec. 3963.0108. CONSTRUCTION OF CHAPTER. This chapter
105	113		shall be liberally construed in conformity with the findings and
106	114		purposes stated in this chapter.
107	115		SUBCHAPTER B. BOARD OF DIRECTORS
108	116		Sec. 3963.0201. GOVERNING BODY; TERMS. (a) The district is
109	117		governed by a board of five elected directors who serve staggered
110	118		terms of four years.
111	119		(b) Directors are elected in the manner provided by
112	120		Subchapter D, Chapter 49, Water Code.
113	121		(c) The board may not create an executive committee to
114	122		exercise the powers of the board.
115	123		Sec. 3963.0202. EX OFFICIO DIRECTORS. (a) The city
116	124		manager, city auditor, and city attorney serve as nonvoting ex
117	125		officio directors.
118	126		(b) The city manager, city auditor, or city attorney may
119	127		appoint a designee to serve as an ex officio director in place of
120	128		that person.
121	129		(c) An ex officio director is entitled to speak on any
122	130		matter before the board.
123	131		(d) An ex officio director is not counted as a director for
124	132		purposes of establishing a quorum.
125	133		Sec. 3963.0203. MEETINGS; NOTICE. (a) The board shall hold
126	134		meetings at a place accessible to the public.
127	135		(b) The board must post notice of each meeting with the city
128	136		secretary not later than 72 hours before the scheduled time of the
129	137		meeting.
130	138		Sec. 3963.0204. COMPENSATION; EXPENSES. (a) The district
131	139		may compensate each voting director in an amount not to exceed $150
132	140		for each board meeting. The total amount of compensation for each
133	141		director in one year may not exceed $7,200.
134	142		(b) An ex officio director is not entitled to receive
135	143		compensation from the district.
136	144		(c) A voting director or an ex officio director is entitled
137	145		to reimbursement for necessary and reasonable expenses incurred in
138	146		carrying out the duties and responsibilities of the board.
139	147		Sec. 3963.0205. INITIAL DIRECTORS. (a) The initial board
140	148		consists of the following directors:
141	149		Pos. No. Name of Director Pos. No. Name of Director
142	150		Pos. No. Name of Director
143	151		1 Harrison Blair 1 Harrison Blair
144	152		1 Harrison Blair
145	153		2 Jason Brown 2 Jason Brown
146	154		2 Jason Brown
147	155		3 Stephen Wohr 3 Stephen Wohr
148	156		3 Stephen Wohr
149	157		4 Caitlin Simmons 4 Caitlin Simmons
150	158		4 Caitlin Simmons
151	159		5 Taylor McDonald 5 Taylor McDonald
152	160		5 Taylor McDonald
153	161		(b) Of the initial directors, the terms of directors
154	162		appointed for positions one through three expire June 1, 2021, and
155	163		the terms of directors appointed for positions four and five expire
156	164		June 1, 2023.
157	165		SUBCHAPTER C. POWERS AND DUTIES
158	166		Sec. 3963.0301. GENERAL POWERS AND DUTIES. (a) The
159	167		district has the powers and duties necessary to accomplish the
160	168		purposes for which the district is created.
161	169		(b) The board may not take any action or exercise any power
162	170		granted under this chapter other than to hold an initial
163	171		organizational meeting until the development agreement described
164	172		by Section 3963.0302 is approved by the city and executed by the
165	173		parties to the agreement.
166	174		Sec. 3963.0302. DEVELOPMENT AGREEMENT. (a) The city, the
167	175		district, and any other entities the city determines are necessary
168	176		to the agreement may execute a development agreement if approved by
169	177		the city.
170	178		(b) This chapter expires on the fourth anniversary of the
171	179		effective date of the Act enacting this chapter if the development
172	180		agreement under Subsection (a) is not executed before that date.
173	181		Sec. 3963.0303. IMPROVEMENT PROJECTS AND SERVICES. (a) The
174	182		district, using any money available to the district for the
175	183		purpose, may provide, design, construct, acquire, improve,
176	184		relocate, operate, maintain, or finance an improvement project or
177	185		service authorized under this chapter or Chapter 375, Local
178	186		Government Code.
179	187		(b) The district may contract with a governmental or private
180	188		entity to carry out an action under Subsection (a).
181	189		(c) The implementation of a district project or service is a
182	190		governmental function or service for the purposes of Chapter 791,
183	191		Government Code.
184	192		(d) A district improvement project or service must comply
185	193		with:
186	194		(1) the city charter and any city zoning and
187	195		subdivision requirements; and
188	196		(2) city codes and ordinances.
189	197		(e) The district may not provide, conduct, or authorize an
190	198		improvement project on any street, highway, right-of-way, or
191	199		easement owned or controlled by the city unless the governing body
192	200		of the city by resolution consents to the improvement.
193	201		Sec. 3963.0304. NONPROFIT CORPORATION. (a) The board by
194	202		resolution may, with the consent of the governing body of the city
195	203		by resolution, authorize the creation of a nonprofit corporation to
196	204		assist and act for the district in implementing a project or
197	205		providing a service authorized by this chapter.
198	206		(b) The nonprofit corporation:
199	207		(1) has each power of and is considered to be a local
200	208		government corporation created under Subchapter D, Chapter 431,
201	209		Transportation Code; and
202	210		(2) may implement any project and provide any service
203	211		authorized by this chapter.
204	212		(c) The board shall appoint the board of directors of the
205	213		nonprofit corporation. The board of directors of the nonprofit
206	214		corporation shall serve in the same manner as the board of directors
207	215		of a local government corporation created under Subchapter D,
208	216		Chapter 431, Transportation Code, except that a board member is not
209	217		required to reside in the district.
210	218		(d) The board of the nonprofit corporation shall hold
211	219		meetings at a place accessible to the public.
212	220		(e) The board of the nonprofit corporation must post notice
213	221		of each meeting with the city secretary not later than 72 hours
214	222		before the scheduled time of the meeting.
215	223		Sec. 3963.0305. LAW ENFORCEMENT SERVICES. To protect the
216	224		public interest, with the consent of the governing body of the city
217	225		by resolution, the district may contract with a qualified party,
218	226		including the city, to provide law enforcement services in the
219	227		district for a fee.
220	228		Sec. 3963.0306. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
221	229		The district, with the consent of the governing body of the city by
222	230		resolution, may join and pay dues to a charitable or nonprofit
223	231		organization that performs a service or provides an activity
224	232		consistent with the furtherance of a district purpose.
225	233		Sec. 3963.0307. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
226	234		district, with the consent of the governing body of the city by
227	235		resolution, may engage in activities that accomplish the economic
228	236		development purposes of the district.
229	237		(b) The district may establish and provide for the
230	238		administration of one or more programs to promote state or local
231	239		economic development and to stimulate business and commercial
232	240		activity in the district, including programs to:
233	241		(1) make loans and grants of public money; and
234	242		(2) provide district personnel and services.
235	243		(c) The district may create economic development programs
236	244		and exercise the economic development powers provided to
237	245		municipalities by:
238	246		(1) Chapter 380, Local Government Code; and
239	247		(2) Subchapter A, Chapter 1509, Government Code.
240	248		Sec. 3963.0308. PARKING FACILITIES. (a) The district may
241	249		acquire, lease as lessor or lessee, construct, develop, own,
242	250		operate, and maintain parking facilities or a system of parking
243	251		facilities, including lots, garages, parking terminals, or other
244	252		structures or accommodations for parking motor vehicles off the
245	253		streets and related appurtenances.
246	254		(b) The district's parking facilities serve the public
247	255		purposes of the district and are owned, used, and held for a public
248	256		purpose even if leased or operated by a private entity for a term of
249	257		years.
250	258		(c) The district's parking facilities are parts of and
251	259		necessary components of a street and are considered to be a street
252	260		or road improvement.
253	261		(d) The development and operation of the district's parking
254	262		facilities may be considered an economic development program.
255	263		Sec. 3963.0309. ADDING OR EXCLUDING LAND. With the consent
256	264		of the governing body of the city by resolution, the district may
257	265		add or exclude land in the manner provided by Subchapter J, Chapter
258	266		49, Water Code, or by Subchapter H, Chapter 54, Water Code.
259	267		Sec. 3963.0310. DISBURSEMENTS AND TRANSFERS OF MONEY. The
260	268		board by resolution shall establish the number of directors'
261	269		signatures and the procedure required for a disbursement or
262	270		transfer of district money.
263	271		Sec. 3963.0311. EXEMPT PROPERTY. The district may not
264	272		impose an assessment, fee, tax, or other charge on an exempt
265	273		property.
266	274		Sec. 3963.0312. CERTAIN RESIDENTIAL PROPERTY. (a) Section
267	275		375.161, Local Government Code, does not apply to the district.
268	276		(b) Notwithstanding Subsection (a), the district may not
269	277		impose an assessment on property if the owner qualifies the
270	278		property for a homestead exemption under Section 11.13, Tax Code:
271	279		(1) for the tax year in which the Act enacting this
272	280		chapter takes effect; or
273	281		(2) for the tax year in which the assessment is
274	282		imposed.
275	283		Sec. 3963.0313. NO AD VALOREM TAX. The district may not
276	284		impose an ad valorem tax.
277	285		Sec. 3963.0314. NO EMINENT DOMAIN POWER. The district may
278	286		not exercise the power of eminent domain.
279	287		SUBCHAPTER D. ASSESSMENTS
280	288		Sec. 3963.0401. PETITION REQUIRED FOR FINANCING SERVICES
281	289		AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
282	290		service or improvement project with assessments under this chapter
283	291		unless a written petition requesting that service or improvement
284	292		has been filed with the board.
285	293		(b) A petition filed under Subsection (a) must be signed by
286	294		the owners of a majority of the assessed value of real property in
287	295		the district subject to assessment according to the most recent
288	296		certified tax appraisal roll for the county.
289	297		Sec. 3963.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
290	298		The board by resolution may impose and collect an assessment for any
291	299		purpose authorized by this chapter in all or any part of the
292	300		district.
293	301		(b) An assessment, a reassessment, or an assessment
294	302		resulting from an addition to or correction of the assessment roll
295	303		by the district, penalties and interest on an assessment or
296	304		reassessment, an expense of collection, and reasonable attorney's
297	305		fees incurred by the district:
298	306		(1) are a first and prior lien against the property
299	307		assessed;
300	308		(2) are superior to any other lien or claim other than:
301	309		(A) a lien or claim for county, school district,
302	310		or municipal ad valorem taxes; or
303	311		(B) a lien filed by the city or securing an
304	312		obligation owed to the city; and
305	313		(3) are the personal liability of and a charge against
306	314		the owners of the property even if the owners are not named in the
307	315		assessment proceedings.
308	316		(c) The lien is effective from the date of the board's
309	317		resolution imposing the assessment until the date the assessment is
310	318		paid. The board may enforce the lien in the same manner that a
311	319		taxing unit, as that term is defined by Section 1.04, Tax Code, may
312	320		enforce an ad valorem tax lien against real property.
313	321		(d) The board may make a correction to or deletion from the
314	322		assessment roll that does not increase the amount of assessment of
315	323		any parcel of land without providing notice and holding a hearing in
316	324		the manner required for additional assessments.
317	325		SUBCHAPTER E. BONDS
318	326		Sec. 3963.0501. AUTHORITY TO BORROW MONEY AND TO ISSUE
319	327		BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
320	328		terms determined by the board.
321	329		(b) The district may issue bonds, notes, or other
322	330		obligations payable wholly or partly from assessments, impact fees,
323	331		revenue, contract payments, grants, or other district money, or any
324	332		combination of those sources of money, to pay for any authorized
325	333		district purpose.
326	334		Sec. 3963.0502. BONDS SECURED BY REVENUE OR CONTRACT
327	335		PAYMENTS. The district may issue, without an election, bonds
328	336		secured by:
329	337		(1) revenue, including contract revenues; or
330	338		(2) contract payments, provided that the requirements
331	339		of Section 49.108, Water Code, have been met.
332	340		Sec. 3963.0503. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT
333	341		UNDER AGREEMENT. If the improvements financed by an obligation
334	342		will be conveyed to or operated and maintained by a municipality or
335	343		retail utility provider pursuant to an agreement between the
336	344		district and the municipality or retail utility provider entered
337	345		into before the issuance of the obligation, the obligation may be in
338	346		the form of bonds, notes, or other obligations payable wholly or
339	347		partly from assessments, issued by public or private sale, in the
340	348		manner provided by Subchapter A, Chapter 372, Local Government
341	349		Code.
342	350		Sec. 3963.0504. CONSENT OF MUNICIPALITY REQUIRED. (a) The
343	351		board may not issue bonds until each municipality in whose
344	352		corporate limits or extraterritorial jurisdiction the district is
345	353		located has consented by ordinance or resolution to the creation of
346	354		the district and to the inclusion of land in the district.
347	355		(b) This section applies only to the district's first
348	356		issuance of bonds.
349	357		SUBCHAPTER I. DISSOLUTION
350	358		Sec. 3963.0901. DISSOLUTION. (a) The board shall dissolve
351	359		the district on written petition filed with the board by the owners
352	360		of:
353	361		(1) 66 percent or more of the assessed value of the
354	362		property subject to assessment by the district based on the most
355	363		recent certified county property tax rolls; or
356	364		(2) 66 percent or more of the surface area of the
357	365		district, excluding roads, streets, highways, utility
358	366		rights-of-way, other public areas, and other property exempt from
359	367		assessment by the district according to the most recent certified
360	368		county property tax rolls.
361	369		(b) The board by majority vote may dissolve the district at
362	370		any time.
363	371		(c) The city by resolution may dissolve the district at any
364	372		time if:
365	373		(1) the development agreement has been executed; and
366	374		(2) the district's performance under the agreement has
367	375		been fulfilled, including any right or obligation the district has
368	376		to reimburse a developer or owner for the costs of an improvement
369	377		project.
370	378		(d) If the district is dissolved, the board shall transfer
371	379		ownership of all district property to the city.
372	380		(e) The district may not be dissolved under Subsection (a),
373	381		(b), or (c) if the district:
374	382		(1) has any outstanding debt until that debt has been
375	383		repaid or defeased in accordance with the order or resolution
376	384		authorizing the issuance of the debt;
377	385		(2) has a contractual obligation to pay money until
378	386		that obligation has been fully paid in accordance with the
379	387		contract; or
380	388		(3) owns, operates, or maintains public works,
381	389		facilities, or improvements unless the district contracts with
382	390		another person for the ownership and operation or maintenance of
383	391		the public works, facilities, or improvements.
384	392		(f) Subchapter M, Chapter 375, Local Government Code, does
385	393		not apply to the district.
386	394		SECTION 2. The SoGood Cedars Municipal Management District
387	395		initially includes all territory contained in the following area:
388	396		TRACT 1:
389	397		Being a 57.225 square feet tract or parcel of land in the M. Main
390	398		Survey, Abstract No. 995, situated in the City of Dallas, Dallas
391	399		County, Texas, and being part of Lot 5 and Lots 13 through 17, all of
392	400		lots 1 through 4, and all of an abandoned alley located in Block
393	401		A/873 of HUGHES BROTHERS SUBDIVISION, an addition to the City of
394	402		Dallas according to the plat thereof recorded in Volume 93, Page 43,
395	403		Map Records, Dallas County, Texas, said 57,225 square foot tract of
396	404		land being the same property as described in that certain tract of
397	405		land described in a warranty deed to Pilgrim's Pride Corporation
398	406		and recorded in Volume 2000163, Page 5582, Deed Records, Dallas
399	407		County, Texas and being more particularly described as follows:
400	408		BEGINNING at a 1/2 inch iron rod found for corner in the north right
401	409		of way of Clarence Street (a 50 foot right of way) and the east right
402	410		of way line of S. Cesar Chavez Boulevard (at this point a 95-foot
403	411		right of way) said corner also being the southwest corner of Lot 17,
404	412		Block A/873 of the aforementioned subdivision.
405	413		THENCE North 36 degrees 00 minutes 00 seconds West, along, said
406	414		easterly right of way line of said S. Cesar Chavez Boulevard,
407	415		distance of 250.00 feet to a found 1/2 inch iron rod in the south
408	416		right of way line of Coombs Street, and being the northwest corner
409	417		of Lot 13, Block A/873, for the northwest corner of the herein
410	418		described tract;
411	419		THENCE North 53 degrees 43 minutes 56 seconds East, departing said
412	420		Chavez Boulevard and along the southerly right of way line of Coombs
413	421		Street, a distance of 228.57 to a 1/2 inch iron rod found for the
414	422		northeast corner of the herein described tract and the west line of
415	423		a 100-foot right of -way-line of the T. & N.O. Railroad right-of-way
416	424		( formerly the H. & T.C. Railroad).
417	425		THENCE South 35 Degrees 58 minutes 46 seconds East, departing the
418	426		south right-of-way line of Coombs Street a distance of 208.74 feet
419	427		to a 1/2 inch iron rod found for corner in the said west right of way
420	428		line of said Railroad.
421	429		THENCE South 16 degrees 33 minutes 42 seconds East, departing said
422	430		Railroad right of way line and along the westerly right of way line
423	431		of Interstate Highway 45, a distance of 47,74 feet to a found 1/2
424	432		inch iron rod in the aforementioned northerly right of way line of
425	433		said Clarence Street, for the southeast corner of the herein
426	434		described tract;
427	435		THENCE South 54 degrees 43 minutes 27 seconds West, along the
428	436		northerly right of way line of said Clarence Street, a distance of
429	437		212.62 to the POINT of BEGINNING and containing 57,225 square feet
430	438		or 1.314 acres of land.
431	439		TRACT 2:
432	440		BEING a 385,249 square feet or 8.848 acre tract of land situated in
433	441		the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas
434	442		County, Texas, said tract being all of Lot 1B of Block A/472 of
435	443		Pilgrim's Prepared Foods Addition, an addition to the City of
436	444		Dallas, Dallas County, Texas according to the Map thereof recorded
437	445		in Volume 97045, Page 2998, Deed Records of Dallas County, Texas,
438	446		all of Lots 23, 24, 25, 26 & 27, Block 466 of Ferris Park Addition,
439	447		an addition to the City of Dallas, Dallas County, Texas according to
440	448		the Map thereof recorded in Volume 239, Page 72, Deed Records of
441	449		Dallas County, Texas, a 1.198 acre tract and a 1.670 acre tract of
442	450		land and a 0.294 acre tract of land in Block 466, said Lot 1B
443	451		conveyed to Pilgrim's Pride Corporation by deeds recorded in Volume
444	452		88172, Page 2136 and Volume 91041, Page 5004, Deed Records of
445	453		Dallas, Texas, said Lots 23-27, Block 466 conveyed to Pilgrim's
446	454		Pride Corporation by deed recorded in Volume 97088, Page 2738, Deed
447	455		Records of Dallas County, Texas, said 1.198 acre tract in Block 466
448	456		conveyed to Pilgrim's Pride Corporation by deed recorded in Volume
449	457		95250, Page 3603 Deed Records of Dallas County, Texas, and said
450	458		1.670 acre tract and 0.294 acre tract in Block 466 conveyed to
451	459		Pilgrim's Pride Corporation by deed recorded in Instrument Number
452	460		200600105781, Official Public Records of Dallas County, Texas, and
453	461		being more particularly described as follows:
454	462		BEGINNING at a set "x" in concrete for a corner at the intersection
455	463		of the southeast line of Hickory Street (a 50 foot right of way) and
456	464		the southwest line of S. Good Latimer Expressway (a 90 foot right of
457	465		way), said point being the north corner of said Lot 1B;
458	466		THENCE, S 36°18'00" E, with the southwest line of S. Good Latimer
459	467		Expressway, a distance of 477.87 feet to a set 5/8 iron rod for a
460	468		corner at the intersection of the southwest line of S. Good Latimer
461	469		Expressway with the northwest line of a variable width Alley right
462	470		of way;
463	471		THENCE, S 53°21'15" W, departing S. Good Latimer Expressway and with
464	472		the southeast line of Pilgrim's Prepared Food Addition and the
465	473		northwest line of the said Alley right of way, a distance of 439.94
466	474		feet to a set 5/8 iron rod for a corner, said point being in the
467	475		northeast line of the said 1.198 acre tract;
468	476		THENCE, the following courses and distances with the northeast,
469	477		southeast and southwest line of the said 1.198 acre tract;
470	478		- S 36°18'00" E, a distance of 10.00 feet to a set 5/8 inch
471	479		iron rod for a corner;
472	480		- S 53°21'15" W, a distance of 64.89 feet to a set 5/8 inch
473	481		iron rod for a corner;
474	482		- S 30°15'00" E, a distance of 90.38 feet to a set 5/8 inch
475	483		iron rod for a corner,
476	484		- S 53°08'53" W, a distance of 25.59 feet to a set 5/8 inch
477	485		iron rod for a corner on the southeast line of Corinth Street (a 40
478	486		feet right of way), said point being the north corner of a 1.39 acre
479	487		tract conveyed to Gustava Alvarado by deed records in Instrument
480	488		Number 201300058241, Official Public Records of Dallas County,
481	489		Texas;
482	490		- N 36°17'26" W, with the northeast line of Corinth Street, a
483	491		distance of 40.00 feet to a set 5/8 inch iron rod for a corner, said
484	492		point being the southeast corner of the said 0.294 acre tract and
485	493		the north corner of Corinth Street;
486	494		THENCE, S 53°17'04" W, with the northwest line of Corinth Street, a
487	495		distance of 211.57 feet to a found 1 inch iron rod at the
488	496		intersection of the northwest line of Corinth Street and the
489	497		northeast line of Cesar Chavez Boulevard (Central Expressway a
490	498		variable width right of way) for a corner;
491	499		THENCE, N 36°18'00" W, with the northeast line of Cesar Chavez
492	500		Boulevard, a distance of 582.00 feet to a set "x" in concrete for a
493	501		corner at the intersection of the northeast line of Cesar Chavez
494	502		Boulevard with Hickory Street, said point being the west corner of
495	503		said Lot 23, Block 466;
496	504		THENCE, the following courses and distances with the southeast line
497	505		of Hickory Street;
498	506		- N 53°07'43" E, a distance of 211.57 feet to a set mag nail
499	507		at the beginning of a non-tangent curve to the right with a central
500	508		angle of 52°42'31", a radius of 62.50 feet, a chord bearing of N
501	509		79°23'57" E and a chord distance of 55.49 feet, said point being the
502	510		north corner of said Lot 23, Block 466 and the west corner of the
503	511		said 1.198 acre tract;
504	512		- Northeasterly, along said curve, an arc distance of 57.50
505	513		feet to a set mag nail at the beginning of a non-tangent curve to the
506	514		left with a central angle of 53°07'49", a radius of 62.50 feet, a
507	515		chord bearing of N 80°15'54" E and a chord distance of 55.90 feet,
508	516		said point being the west corner of said Lot 1B, Block A/472;
509	517		THENCE, the following courses and distances with the southeast line
510	518		of Hickory Street and the northwest line of said Lot 1B, A/472;
511	519		- Northeasterly, along said curve, an arc distance of 57.96
512	520		feet to a set mag nail for a corner;
513	521		- N 52°43'10" E, a distance of 50.35 feet to a set mag nail
514	522		for a corner;
515	523		- S 36°18'00" E, a distance of 3.00 feet to a set mag nail for
516	524		a corner;
517	525		- N 52°43'10" E, a distance of 149.36 feet to a set mag nail
518	526		for a corner;
519	527		- N 36°18'00" W, a distance of 3.00 feet to a set mag nail for
520	528		a corner;
521	529		- N 52°43'10" E, a distance of 240.29 feet to the Point of
522	530		Beginning.
523	531		TRACT 3:
524	532		BEING a 13,298 square feet or 0.305 acre tract of land situated in
525	533		the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas
526	534		County, Texas said tract being all of Lot 2 and a part of Lot 3 of
527	535		Block B/473 of Middleton Brothers Central Avenue Addition, an
528	536		addition to the City of Dallas, Dallas County, Texas according to
529	537		the map thereof recorded in Volume 96, Page 476, Deed Records of
530	538		Dallas County, Texas, said tract conveyed to Pilgrim's Pride
531	539		Corporation by deed recorded in Volume 95099, Page 840, Deed
532	540		Records of Dallas County, Texas and being more particularly
533	541		described as follows:
534	542		BEGINNING at a found 100D nail in the northwest line of Hickory
535	543		Street (a 50 foot right of way), said point being the south corner
536	544		of said Lot 2 and the east corner of Lot 1 of Block B/473 of the said
537	545		Middleton Brothers Central Avenue Addition;
538	546		THENCE, N 36°24'15" W, departing said northwest line of Hickory
539	547		Street and with the common line of said Lot 1 and Lot 2, a distance
540	548		of 140.00 feet to a set 5/8 inch iron rod for a corner in the
541	549		southeast line of a 20 foot Alley right of way, said point being the
542	550		west corner of said Lot 2;
543	551		THENCE, N 52°43'10" E, with the southeast line of the said Alley
544	552		right of way, a distance of 95.00 feet to a set 5/8 inch iron rod for
545	553		a corner;
546	554		THENCE, S 36°24'15" E, departing the southeast line of the said
547	555		Alley right of way, a distance of 140.00 feet to a set 5/8 inch iron
548	556		rod for a corner in the northwest line of Hickory Street;
549	557		THENCE, S 52°43'10" W, with the northwest line of Hickory Street a
550	558		distance of 95.00 feet to the Point of Beginning.
551	559		TRACT 4:
552	560		BEING a 19,498 square feet or 0.448 acre tract of land situated in
553	561		the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas
554	562		County, Texas, said tract being all of Lots 5, 6, and 7 of Block
555	563		C/181 of Middleton Brothers Central Avenue Addition, an addition to
556	564		the City of Dallas, Dallas County, Texas according to the map
557	565		thereof recorded in Volume 96, Page 476, Deed Records of Dallas
558	566		County, Texas, said tract conveyed to Pilgrim Industries, Inc. by
559	567		deed recorded in Volume 81185, Page 3346, Deed Records of Dallas
560	568		County, Texas, and being more particularly described as follows:
561	569		BEGINNING at a set 5/8 inch iron rod at the intersection of the
562	570		southwest line of Lincoln Street (a 50 foot right of way) and the
563	571		southeast line of Dawson Street (a 50 foot right of way), said point
564	572		being the north corner a Lot 7 of Block C/181 of the said Middleton
565	573		Brothers Central Avenue Addition;
566	574		THENCE, S 36°24'15" E, with the southwest line of Lincoln Street, a
567	575		distance of 150,00 feet to a set 5/8 inch iron rod for a corner, said
568	576		point being the east corner of Lot 5 and the north corner of Lot 4,
569	577		Block C/181 of the said Middleton Brothers Central Avenue Addition;
570	578		THENCE, S 52°43'10" W, departing the southwest line of Lincoln
571	579		Street and with the common line of said Lot 4 and Lot 5, a distance
572	580		of 130.00 feet to a set 5/8 inch iron rod for a corner, said point
573	581		being the south corner of Lot 5, said corner also being in the
574	582		northeast line of a tract of land conveyed to Dallas Area Rapid
575	583		Transit (DART) by deed recorded in Volume 88083, Page 4905, Deed
576	584		Records of Dallas County, Texas;
577	585		THENCE, N 36°24'15" W, with the southwest line of Block C/181 and the
578	586		northeast line of DART, a distance of 150.00 feet to a 5/8 inch iron
579	587		rod in the southeast line of Dawson Street, said point also be the
580	588		west corner of Lot 7;
581	589		THENCE, N 52°43'10" E, with the southeast line of Dawson Street .a
582	590		distance of 130.00 feet to the Point of Beginning.
583	591		TRACT 5:
584	592		BEING a 19,498 square feet or 0.448 acre tract of land situated in
585	593		the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas
586	594		County, Texas, said tract being all of Lots 7, 8, and 9 of Block
587	595		B/473 of Middleton Brothers Central Avenue Addition, an addition to
588	596		the City of Dallas, Dallas County, Texas according to the map
589	597		thereof recorded in Volume 96, Page 476, Deed Records of Dallas
590	598		County, Texas, said tract conveyed to Pilgrim Pride Corporation by
591	599		deeds recorded in Volume 95099, Page 840 and Volume 97074, Page
592	600		1537, Deed Records of Dallas County, Texas, and being more
593	601		particularly described as follows:
594	602		BEGINNING at a found monument in the northeast line of Lincoln
595	603		Street (a 50 foot right of way), said point also being the west
596	604		corner of Lot 9 of Block B/473 and the south corner of said Lot 10,
597	605		Block B/473 of said Middleton Brothers Central Avenue Addition;
598	606		THENCE, N 52°43'10" E, departing the northeast line of Lincoln
599	607		Street and along the common line of said Lot 9 and Lot 10, a distance
600	608		of 130.00 feet to a set 5/8 inch iron rod for a corner, said point
601	609		being the north corner of Lot 9 and the west corner of Lot 12, Block
602	610		B/473 of the said Middleton Brothers Central Avenue Addition;
603	611		THENCE, S 36°24'15" E, with the common line of said Lot 9 and Lot 12,
604	612		passing at a distance of 50.0 feet the west corner of Lot 13A, Block
605	613		B/473 of Unique Electric Addition as recorded in Instrument Number
606	614		20070460539, Official Public Records of Dallas County, Texas,
607	615		passing at a distance of 111.0 feet the south corner of said Lot 13A
608	616		and in the southwest line of Lot 124, Block B/473 of the said
609	617		Middleton Brothers Central Avenue Addition, continuing in all a
610	618		distance of 150.00 to a set 5/8 iron rod for a corner, said point
611	619		being the east corner of Lot 7 and the north corner of Lot 6, Block
612	620		B/473 of the said Middleton Brothers Central Avenue Addition;
613	621		THENCE, S 52°43'10" W, with the common line of Lot 6 and Lot 7, a
614	622		distance of 130.00 feet to a set 5/8 inch iron rod in the northeast
615	623		line of Lincoln Street, said point also being the south corner of
616	624		said Lot 7;
617	625		THENCE, N 36°24'15" W, with the northeast line of Lincoln Street, a
618	626		distance of 150.00 feet to the Point of Beginning.
619	627		TRACT 6:
620	628		BEING a 33,796 square feet or 0.776 acre tract of land situated in
621	629		the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas
622	630		County, Texas, said tract being all of Lots 1, 2, 3 and 4 of Block
623	631		C/181 of Middleton Brothers Central Avenue Addition, an addition to
624	632		the City of Dallas, Dallas County, Texas according to the map
625	633		thereof recorded in Volume 96, Page 476, Deed Records of Dallas
626	634		County, Texas, said tract conveyed to Pilgrim Industries, Inc. by
627	635		deed recorded in Volume 81185, Page 3346, Deed Records of Dallas
628	636		County, Texas, and being more particularly described as follows:
629	637		BEGINNING at a point for a corner at the intersection of the
630	638		southwest line of Lincoln Street (a 50 foot right of way) with the
631	639		northwest line of Hickory Street (a 50 foot right of way), said
632	640		point being the east corner of said Lot 2 of Block C/181 of the said
633	641		Middleton Brothers Central Avenue Addition;
634	642		THENCE, S 52°43'10" W, with the northwest line of Hickory Street, a
635	643		distance of 130.00 feet to a point for a corner, said point being
636	644		the south corner of said Lot 1, Block C/181 of the said Middleton
637	645		Brothers Central Avenue Addition and said point at the intersection
638	646		of the northwest line of Hickory Street with the northeast line of a
639	647		tract of land conveyed to DART by deed recorded in volume 88083.
640	648		Page 4905, Deed Records of Dallas County, Texas;
641	649		THENCE, N 36°24'15" W, departing the northwest line of Hickory
642	650		Street and with the northeast line of DART, a distance of 260.00
643	651		feet to a set 5/8 inch iron rod for a corner, said point being the
644	652		common corner of said Lot 4 and Lot 5, Block C/181 of the said
645	653		Middleton Brothers Central Avenue Addition;
646	654		THENCE, N 52°43'10"E, departing the northeast line of DART and with
647	655		the common line of Lot 4 and Lot 5, a distance of 130.00 feet to a
648	656		5/8 inch iron rod in the southwest line of Lincoln Street;
649	657		THENCE, S 36°24'15" E, with the southwest line of Lincoln Street a
650	658		distance of 260.00 feet to the Point of Beginning.
651	659		TRACT 7:
652	660		Being situated in the John Grigsby Survey, Abstract No. 495, Dallas
653	661		County, Texas, and being part of City of Dallas Block No. 471 and
654	662		Block No. 160, and being a resurvey of a called 2.0230 acre tract of
655	663		land described by a deed to W&D Holden 1 Family Limited Partnership
656	664		of record in Volume 99249, Page 5930, Deed Records of Dallas County,
657	665		Texas and being more particularly described by metes and bounds as
658	666		follows:
659	667		BEGINNING at a concrete monument found for corner at the
660	668		intersection of the southeast right-of-way line of R.L. Thornton
661	669		Freeway (a variable width right-of-way) with the northeast
662	670		right-of-way line of South Central Expressway (a variable width
663	671		right-of-way), said point being the most western corner of said
664	672		2.0230 acre tract;
665	673		THENCE North 46°45'00" east along the southeast right-of-way line of
666	674		said R.L. Thornton Freeway, a distance of 258.36 feet to a 1/2 iron
667	675		rod found for corner at the most northern corner of said 2.0230 acre
668	676		tract;
669	677		THENCE South 36°04'04" east along a northeast line of said 2.0230
670	678		acre tract, a distance of 55.77 feet to a 1/2 iron rod found for
671	679		corner at an interior corner thereof;
672	680		THENCE North 51°59'25" east along a northwest line of said 2.0230
673	681		acre tract, a distance of 43.18 feet to a 1/2" iron rod found for
674	682		corner at a northern corner thereof and being in the southwest
675	683		right-of-way line of T. & N. O. Railroad (a variable width
676	684		right-of-way);
677	685		THENCE South 36°17'33" East along the southwest right-of-way line of
678	686		said T. & N. O. Railroad, a distance of 407.22 feet to a 1/2" iron
679	687		rod found for corner at the most eastern corner of said 2.0230 acre
680	688		tract and being in the northerly right-of-way line of Bluebell
681	689		Street (a variable width right-of-way);
682	690		THENCE South 84°17'19" West along the northerly right-of-way line of
683	691		said Bluebell Street, a distance of 13.15 feet to a 1/2" iron rod
684	692		found for corner;
685	693		THENCE North 77°09'39" West continuing along the northerly
686	694		right-of-way line of said Bluebell Street, a distance of 100.09
687	695		feet to a 1/2" iron rod found for corner;
688	696		THENCE North 74°09'26" West continuing along the northerly
689	697		right-of-way line of said Bluebell Street, a distance of 37.18 feet
690	698		to a 1/2" iron rod found for corner at the beginning of a
691	699		non-tangent curve to the left having a radius of 102.00 feet, a
692	700		central angle of 80°52'26", and a chord which bears South 76°21'04"
693	701		West, a distance of 103.34 feet;
694	702		THENCE in a westerly direction along the curving north right-of-way
695	703		line of said Bluebell Street, an arc distance of 108.37 feet to a
696	704		1/2" iron rod found for corner;
697	705		THENCE South 45°55'00" West along the northwest right-of-way line of
698	706		said Bluebell Street, a distance of 42.11 feet to a chainlink fence
699	707		post found for corner at the most southern corner of said 2.0230
700	708		acre tract and being in the northeast right-of-way line of said
701	709		South Central Expressway, said point also being the beginning of a
702	710		non-tangent curve to the left having a radius of 2339.33 feet, a
703	711		central angle of 06°25'54" and a chord which bears north 45°22'36"
704	712		West, a distance of 202.46 feet;
705	713		THENCE in a northwesterly direction along the curving northeast
706	714		right-of-way line of said South Central Expressway, an arc distance
707	715		of 262.60 feet to a 1/2" iron rod found for corner;
708	716		THENCE North 51°43'12" West continuing along the northeast
709	717		right-of-way line of said South Central Expressway, a distance of
710	718		28.99 feet to the PLACE OF BEGINNING and containing 88,017 square
711	719		feet or 2.021 acres of land.
712	720		SECTION 3. (a) The legal notice of the intention to
713	721		introduce this Act, setting forth the general substance of this
714	722		Act, has been published as provided by law, and the notice and a
715	723		copy of this Act have been furnished to all persons, agencies,
716	724		officials, or entities to which they are required to be furnished
717	725		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
718	726		Government Code.
719	727		(b) The governor, one of the required recipients, has
720	728		submitted the notice and Act to the Texas Commission on
721	729		Environmental Quality.
722	730		(c) The Texas Commission on Environmental Quality has filed
723	731		its recommendations relating to this Act with the governor,
724	732		lieutenant governor, and speaker of the house of representatives
725	733		within the required time.
726	734		(d) All requirements of the constitution and laws of this
727	735		state and the rules and procedures of the legislature with respect
728	736		to the notice, introduction, and passage of this Act have been
729	737		fulfilled and accomplished.
730	738		SECTION 4. This Act takes effect immediately if it receives
731	739		a vote of two-thirds of all the members elected to each house, as
732	740		provided by Section 39, Article III, Texas Constitution. If this
733	741		Act does not receive the vote necessary for immediate effect, this
734	742		Act takes effect September 1, 2019.
735		-	______________________________ ______________________________
736		-	President of the Senate Speaker of the House
737		-	I certify that H.B. No. 4742 was passed by the House on May 7,
738		-	2019, by the following vote: Yeas 128, Nays 18, 2 present, not
739		-	voting; and that the House concurred in Senate amendments to H.B.
740		-	No. 4742 on May 24, 2019, by the following vote: Yeas 103, Nays 39,
741		-	2 present, not voting.
742		-	______________________________
743		-	Chief Clerk of the House
744		-	I certify that H.B. No. 4742 was passed by the Senate, with
745		-	amendments, on May 22, 2019, by the following vote: Yeas 28, Nays
746		-	3.
747		-	______________________________
748		-	Secretary of the Senate
749		-	APPROVED: __________________
750		-	Date
751		-	__________________
752		-	Governor
	743	+	* * * * *
753	744
754	745		Pos. No. Name of Director
755	746
756	747		1 Harrison Blair
757	748
758	749		2 Jason Brown
759	750
760	751		3 Stephen Wohr
761	752
762	753		4 Caitlin Simmons
763	754
764	755		5 Taylor McDonald