1 | 1 | | 86R23078 TSR-F |
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2 | 2 | | By: Fallon S.B. No. 2545 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the creation of the Double M Municipal Utility District |
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8 | 8 | | of Grayson County; granting a limited power of eminent domain; |
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9 | 9 | | providing authority to issue bonds; providing authority to impose |
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10 | 10 | | assessments, fees, and taxes. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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13 | 13 | | Code, is amended by adding Chapter 8314 to read as follows: |
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14 | 14 | | CHAPTER 8314. DOUBLE M MUNICIPAL UTILITY DISTRICT OF GRAYSON |
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15 | 15 | | COUNTY |
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16 | 16 | | SUBCHAPTER A. GENERAL PROVISIONS |
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17 | 17 | | Sec. 8314.0101. DEFINITIONS. In this chapter: |
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18 | 18 | | (1) "Board" means the district's board of directors. |
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19 | 19 | | (2) "City" means the City of Gunter, Texas. |
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20 | 20 | | (3) "Commission" means the Texas Commission on |
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21 | 21 | | Environmental Quality. |
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22 | 22 | | (4) "Director" means a board member. |
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23 | 23 | | (5) "District" means the Double M Municipal Utility |
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24 | 24 | | District of Grayson County. |
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25 | 25 | | Sec. 8314.0102. NATURE OF DISTRICT. The district is a |
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26 | 26 | | municipal utility district created under Section 59, Article XVI, |
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27 | 27 | | Texas Constitution. |
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28 | 28 | | Sec. 8314.0103. CONFIRMATION AND DIRECTOR ELECTION |
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29 | 29 | | REQUIRED. The temporary directors shall hold an election to |
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30 | 30 | | confirm the creation of the district and to elect five permanent |
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31 | 31 | | directors as provided by Section 49.102, Water Code. |
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32 | 32 | | Sec. 8314.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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33 | 33 | | temporary directors may not hold an election under Section |
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34 | 34 | | 8314.0103 until each municipality in whose corporate limits or |
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35 | 35 | | extraterritorial jurisdiction the district is located has: |
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36 | 36 | | (1) consented by ordinance or resolution to the |
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37 | 37 | | creation of the district and to the inclusion of land in the |
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38 | 38 | | district; and |
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39 | 39 | | (2) approved and entered into a development agreement |
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40 | 40 | | with the owners of land within the district under Section 212.172, |
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41 | 41 | | Local Government Code. |
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42 | 42 | | Sec. 8314.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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43 | 43 | | (a) The district is created to serve a public purpose and benefit. |
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44 | 44 | | (b) The district is created to accomplish the purposes of: |
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45 | 45 | | (1) a municipal utility district as provided by |
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46 | 46 | | general law and Section 59, Article XVI, Texas Constitution; and |
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47 | 47 | | (2) Section 52, Article III, Texas Constitution, that |
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48 | 48 | | relate to the construction, acquisition, improvement, operation, |
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49 | 49 | | or maintenance of macadamized, graveled, or paved roads, or |
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50 | 50 | | improvements, including storm drainage, in aid of those roads. |
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51 | 51 | | Sec. 8314.0106. INITIAL DISTRICT TERRITORY. (a) The |
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52 | 52 | | district is initially composed of the territory described by |
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53 | 53 | | Section 2 of the Act enacting this chapter. |
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54 | 54 | | (b) The boundaries and field notes contained in Section 2 of |
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55 | 55 | | the Act enacting this chapter form a closure. A mistake made in the |
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56 | 56 | | field notes or in copying the field notes in the legislative process |
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57 | 57 | | does not affect the district's: |
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58 | 58 | | (1) organization, existence, or validity; |
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59 | 59 | | (2) right to issue any type of bond for the purposes |
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60 | 60 | | for which the district is created or to pay the principal of and |
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61 | 61 | | interest on a bond; |
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62 | 62 | | (3) right to impose a tax; or |
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63 | 63 | | (4) legality or operation. |
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64 | 64 | | Sec. 8314.0107. ANNEXATION BY CITY. Notwithstanding any |
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65 | 65 | | other law, if any of the territory of the district is annexed by the |
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66 | 66 | | city into the city's corporate limits, the district: |
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67 | 67 | | (1) retains all of the district's outstanding debt and |
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68 | 68 | | obligations; and |
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69 | 69 | | (2) is not dissolved. |
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70 | 70 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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71 | 71 | | Sec. 8314.0201. GOVERNING BODY; TERMS. (a) The district is |
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72 | 72 | | governed by a board of five elected directors. |
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73 | 73 | | (b) Except as provided by Section 8314.0202, directors |
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74 | 74 | | serve staggered four-year terms. |
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75 | 75 | | Sec. 8314.0202. TEMPORARY DIRECTORS. (a) On or after |
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76 | 76 | | September 1, 2019, the owner or owners of a majority of the assessed |
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77 | 77 | | value of the real property in the district may submit a petition to |
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78 | 78 | | the commission requesting that the commission appoint as temporary |
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79 | 79 | | directors the five persons named in the petition. The commission |
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80 | 80 | | shall appoint as temporary directors the five persons named in the |
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81 | 81 | | petition. |
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82 | 82 | | (b) Temporary directors serve until the earlier of: |
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83 | 83 | | (1) the date permanent directors are elected under |
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84 | 84 | | Section 8314.0103; or |
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85 | 85 | | (2) September 1, 2023. |
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86 | 86 | | (c) If permanent directors have not been elected under |
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87 | 87 | | Section 8314.0103 and the terms of the temporary directors have |
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88 | 88 | | expired, successor temporary directors shall be appointed or |
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89 | 89 | | reappointed as provided by Subsection (d) to serve terms that |
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90 | 90 | | expire on the earlier of: |
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91 | 91 | | (1) the date permanent directors are elected under |
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92 | 92 | | Section 8314.0103; or |
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93 | 93 | | (2) the fourth anniversary of the date of the |
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94 | 94 | | appointment or reappointment. |
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95 | 95 | | (d) If Subsection (c) applies, the owner or owners of a |
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96 | 96 | | majority of the assessed value of the real property in the district |
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97 | 97 | | may submit a petition to the commission requesting that the |
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98 | 98 | | commission appoint as successor temporary directors the five |
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99 | 99 | | persons named in the petition. The commission shall appoint as |
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100 | 100 | | successor temporary directors the five persons named in the |
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101 | 101 | | petition. |
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102 | 102 | | SUBCHAPTER C. POWERS AND DUTIES |
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103 | 103 | | Sec. 8314.0301. GENERAL POWERS AND DUTIES. The district |
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104 | 104 | | has the powers and duties necessary to accomplish the purposes for |
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105 | 105 | | which the district is created. |
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106 | 106 | | Sec. 8314.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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107 | 107 | | DUTIES. (a) The district has the powers and duties provided by the |
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108 | 108 | | general law of this state, including Chapters 49 and 54, Water Code, |
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109 | 109 | | applicable to municipal utility districts created under Section 59, |
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110 | 110 | | Article XVI, Texas Constitution. |
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111 | 111 | | (b) Notwithstanding Subsection (a), the district may not |
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112 | 112 | | act as a retail provider of water or wastewater service. |
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113 | 113 | | (c) The district shall make the district's water and |
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114 | 114 | | wastewater facilities available to an entity holding the applicable |
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115 | 115 | | certificate of public convenience and necessity. |
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116 | 116 | | Sec. 8314.0303. AUTHORITY FOR ROAD PROJECTS. Under Section |
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117 | 117 | | 52, Article III, Texas Constitution, the district may design, |
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118 | 118 | | acquire, construct, finance, issue bonds for, improve, operate, |
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119 | 119 | | maintain, and convey to this state, a county, or a municipality for |
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120 | 120 | | operation and maintenance macadamized, graveled, or paved roads, or |
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121 | 121 | | improvements, including storm drainage, in aid of those roads. |
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122 | 122 | | Sec. 8314.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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123 | 123 | | road project must meet all applicable construction standards, |
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124 | 124 | | zoning and subdivision requirements, and regulations of each |
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125 | 125 | | municipality in whose corporate limits or extraterritorial |
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126 | 126 | | jurisdiction the road project is located. |
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127 | 127 | | (b) If a road project is not located in the corporate limits |
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128 | 128 | | or extraterritorial jurisdiction of a municipality, the road |
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129 | 129 | | project must meet all applicable construction standards, |
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130 | 130 | | subdivision requirements, and regulations of each county in which |
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131 | 131 | | the road project is located. |
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132 | 132 | | (c) If the state will maintain and operate the road, the |
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133 | 133 | | Texas Transportation Commission must approve the plans and |
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134 | 134 | | specifications of the road project. |
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135 | 135 | | Sec. 8314.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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136 | 136 | | ORDINANCE OR RESOLUTION. The district shall comply with all |
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137 | 137 | | applicable requirements of any ordinance or resolution that is |
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138 | 138 | | adopted under Section 54.016 or 54.0165, Water Code, and that |
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139 | 139 | | consents to the creation of the district or to the inclusion of land |
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140 | 140 | | in the district. |
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141 | 141 | | Sec. 8314.0306. DIVISION OF DISTRICT. (a) The district may |
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142 | 142 | | be divided into two or more new districts only if the district: |
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143 | 143 | | (1) has no outstanding bonded debt; and |
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144 | 144 | | (2) is not imposing ad valorem taxes. |
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145 | 145 | | (b) This chapter applies to any new district created by the |
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146 | 146 | | division of the district, and a new district has all the powers and |
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147 | 147 | | duties of the district. |
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148 | 148 | | (c) Any new district created by the division of the district |
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149 | 149 | | may not, at the time the new district is created, contain any land |
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150 | 150 | | outside the area described by Section 2 of the Act enacting this |
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151 | 151 | | chapter. |
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152 | 152 | | (d) The board, on its own motion or on receipt of a petition |
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153 | 153 | | signed by the owner or owners of a majority of the assessed value of |
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154 | 154 | | the real property in the district, may adopt an order dividing the |
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155 | 155 | | district. |
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156 | 156 | | (e) The board may adopt an order dividing the district |
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157 | 157 | | before or after the date the board holds an election under Section |
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158 | 158 | | 8314.0103 to confirm the district's creation. |
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159 | 159 | | (f) An order dividing the district shall: |
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160 | 160 | | (1) name each new district; |
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161 | 161 | | (2) include the metes and bounds description of the |
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162 | 162 | | territory of each new district; |
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163 | 163 | | (3) appoint temporary directors for each new district; |
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164 | 164 | | and |
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165 | 165 | | (4) provide for the division of assets and liabilities |
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166 | 166 | | between or among the new districts. |
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167 | 167 | | (g) On or before the 30th day after the date of adoption of |
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168 | 168 | | an order dividing the district, the district shall file the order |
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169 | 169 | | with the commission and record the order in the real property |
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170 | 170 | | records of each county in which the district is located. |
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171 | 171 | | (h) Any new district created by the division of the district |
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172 | 172 | | shall hold a confirmation and directors' election as required by |
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173 | 173 | | Section 8314.0103. If the voters of a new district do not confirm |
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174 | 174 | | the creation of the new district, the assets, obligations, |
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175 | 175 | | territory, and governance of the new district revert to the |
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176 | 176 | | original district. |
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177 | 177 | | (i) Municipal consent to the creation of the district and to |
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178 | 178 | | the inclusion of land in the district granted under Section |
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179 | 179 | | 8314.0104 acts as municipal consent to the creation of any new |
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180 | 180 | | district created by the division of the district and to the |
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181 | 181 | | inclusion of land in the new district. |
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182 | 182 | | (j) Any new district created by the division of the district |
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183 | 183 | | must hold an election as required by this chapter to obtain voter |
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184 | 184 | | approval before the district may impose a maintenance tax or issue |
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185 | 185 | | bonds payable wholly or partly from ad valorem taxes. |
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186 | 186 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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187 | 187 | | Sec. 8314.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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188 | 188 | | The district may issue, without an election, bonds and other |
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189 | 189 | | obligations secured by: |
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190 | 190 | | (1) revenue other than ad valorem taxes; or |
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191 | 191 | | (2) contract payments described by Section 8314.0403. |
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192 | 192 | | (b) The district must hold an election in the manner |
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193 | 193 | | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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194 | 194 | | before the district may impose an ad valorem tax or issue bonds |
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195 | 195 | | payable from ad valorem taxes. |
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196 | 196 | | (c) The district may not issue bonds payable from ad valorem |
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197 | 197 | | taxes to finance a road project unless the issuance is approved by a |
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198 | 198 | | vote of a two-thirds majority of the district voters voting at an |
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199 | 199 | | election held for that purpose. |
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200 | 200 | | Sec. 8314.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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201 | 201 | | authorized at an election held under Section 8314.0401, the |
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202 | 202 | | district may impose an operation and maintenance tax on taxable |
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203 | 203 | | property in the district in accordance with Section 49.107, Water |
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204 | 204 | | Code. |
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205 | 205 | | (b) The board shall determine the tax rate. The rate may not |
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206 | 206 | | exceed the rate approved at the election. |
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207 | 207 | | Sec. 8314.0403. CONTRACT TAXES. (a) In accordance with |
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208 | 208 | | Section 49.108, Water Code, the district may impose a tax other than |
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209 | 209 | | an operation and maintenance tax and use the revenue derived from |
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210 | 210 | | the tax to make payments under a contract after the provisions of |
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211 | 211 | | the contract have been approved by a majority of the district voters |
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212 | 212 | | voting at an election held for that purpose. |
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213 | 213 | | (b) A contract approved by the district voters may contain a |
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214 | 214 | | provision stating that the contract may be modified or amended by |
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215 | 215 | | the board without further voter approval. |
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216 | 216 | | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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217 | 217 | | Sec. 8314.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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218 | 218 | | OBLIGATIONS. The district may issue bonds or other obligations |
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219 | 219 | | payable wholly or partly from ad valorem taxes, impact fees, |
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220 | 220 | | revenue, contract payments, grants, or other district money, or any |
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221 | 221 | | combination of those sources, to pay for any authorized district |
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222 | 222 | | purpose. |
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223 | 223 | | Sec. 8314.0502. TAXES FOR BONDS. At the time the district |
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224 | 224 | | issues bonds payable wholly or partly from ad valorem taxes, the |
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225 | 225 | | board shall provide for the annual imposition of a continuing |
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226 | 226 | | direct ad valorem tax, without limit as to rate or amount, while all |
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227 | 227 | | or part of the bonds are outstanding as required and in the manner |
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228 | 228 | | provided by Sections 54.601 and 54.602, Water Code. |
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229 | 229 | | Sec. 8314.0503. BONDS FOR ROAD PROJECTS. At the time of |
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230 | 230 | | issuance, the total principal amount of bonds or other obligations |
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231 | 231 | | issued or incurred to finance road projects and payable from ad |
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232 | 232 | | valorem taxes may not exceed one-fourth of the assessed value of the |
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233 | 233 | | real property in the district. |
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234 | 234 | | SECTION 2. The Double M Municipal Utility District of |
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235 | 235 | | Grayson County initially includes all the territory contained in |
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236 | 236 | | the following area: |
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237 | 237 | | TRACT 2 ID 134711 & 271594 |
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238 | 238 | | Situated I the County of Grayson, State of Texas, being part |
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239 | 239 | | of the Robert Mason Survey, Abstract No. 784, and the William |
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240 | 240 | | Richard Survey, Abstract No. 998, being all of Blocks Twenty three |
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241 | 241 | | (23), Twenty Four (24), and part of Block Twenty Five (25) of "The |
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242 | 242 | | Gunter Farms" as shown by plat of re3cord in Volume 203, Page 272, |
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243 | 243 | | Deed Records, Grayson County, Texas, being all of a tract of land |
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244 | 244 | | described as being 117.2 acres in Tract No. 18 (Block 23 of The |
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245 | 245 | | Gunter Farms), all of a tract of land described as being 60 acres in |
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246 | 246 | | Tract No. 23 9part of Block 24 of the Gunter Farms), part of a |
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247 | 247 | | 146.00 acre tract of land described in Tract No. 34, all of a tract |
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248 | 248 | | of land described as 77.74 acres in Tract No. 35 (part of Block 25 |
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249 | 249 | | of The Gunter Farms) and all of tract of land described as being |
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250 | 250 | | 66.68 acres in Tract No. 36 (part of Block 24 of The Gunter Farms) |
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251 | 251 | | in deed from the Nelson Bunker Hunt Trust Estate to Land Owners |
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252 | 252 | | General Partner, Inc., dated September 30, 1988, recorded in Volume |
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253 | 253 | | 2004, Page 268, Real Property Records, Grayson County, Texas, and |
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254 | 254 | | being more particularly described by metes and bounds as follows |
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255 | 255 | | to-wit: |
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256 | 256 | | BEGINNING at a set spike nail and flasher in the center of a |
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257 | 257 | | North/South public road Scharff Road, and on the West line of said |
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258 | 258 | | Mason Survey, said nail maintaining the northwest corner of both |
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259 | 259 | | said 117.2 acre tract, and Block 23 of The Gunter Farms; |
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260 | 260 | | THENCE North 89 deg. 49 min. 31 sec. East, with the North line |
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261 | 261 | | of said Block 23, passing a fence corner post on the East side of |
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262 | 262 | | said road, and continuing with the general course of a fence, at |
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263 | 263 | | approximately 1000ft, passing the end of said fence and continuing |
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264 | 264 | | for a total distance of 1946.920 feet to a set 1 inch steel rod for |
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265 | 265 | | the Northeast corner of both said 117.2 acre tract and Block 23; |
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266 | 266 | | THENCE South 00 deg. 14 min. 41 sec. East, with the East line |
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267 | 267 | | of Block 23, at a distance, at a distance of 37.0 ft. passing a fence |
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268 | 268 | | corner post, and continuing with the general course of a fence for a |
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269 | 269 | | total distance of 1650.73 feet to an angle point in said fence; |
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270 | 270 | | THENCE South 00 deg. 24 min, 09 sec. West, continuing with the |
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271 | 271 | | East line of Block 23, the general course of said fence, at a |
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272 | 272 | | distance of 944 ft. passing a fence corner post at a turn to the |
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273 | 273 | | Southwest in said fence, and continuing for a total distance of |
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274 | 274 | | 1050.85 feet to a set spike nail and flasher in the center of an |
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275 | 275 | | East/West public road known as Stiff Chapel Road, and on the North |
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276 | 276 | | line of both said 66.68 acre tract and Block 24 of the Gunter Farms, |
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277 | 277 | | said nail maintaining the Southeast corner of both said 117.2 acre |
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278 | 278 | | tract and Block 23; |
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279 | 279 | | THENCE North 89 deg. 19 min. 42 sec. East, with the North line |
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280 | 280 | | of said 66.68 acre tract and Block 24 of of the Gunter Farms, |
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281 | 281 | | passing their Northeast corner, the Northwest corner of both said |
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282 | 282 | | 77.74 acre tract and Block 25 of the Gunter Farms, and continuing |
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283 | 283 | | for a total distance of 1999.78 feet to a set spike nail and flasher |
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284 | 284 | | for the Northeast corner of both said 77.74 acre tract and Block 25; |
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285 | 285 | | THENCE South 02 deg. 14 min. 09 sec. East, with the general |
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286 | 286 | | course of a fence maintaining the East line of both said 77.74 acre |
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287 | 287 | | tract and Block 5, a distance of 1586.76 feet to a point in a pond; |
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288 | 288 | | Thence South 00 deg. 59 min. 34 sec. West, continuing with the |
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289 | 289 | | general course of said fence, the East line of both said 77.74 acre |
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290 | 290 | | tract and Block 25, a distance of 719.96 feet to a fence corner post |
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291 | 291 | | in concrete maintaining the Southeast corner of said 77.74 acre |
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292 | 292 | | tract, the Northeast corner of a 25 2/3 acre Less & EXPECTED in said |
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293 | 293 | | Tract No.35; |
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294 | 294 | | THENCE South 88 deg. 52 min. 42 sec. West, with the general |
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295 | 295 | | course of a fence maintaining the South line of said 77.74 acre |
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296 | 296 | | tract, passing an all corner of Block 25, and continuing with a |
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297 | 297 | | South line of Block 25, passing its most Westerly Southwest corner, |
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298 | 298 | | the Southeast of both said 66.68 acre tract and Block 24 of Gunter |
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299 | 299 | | Farms, and Continuing for a total distance of 2372.36 feet to an |
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300 | 300 | | angle point in said fence. |
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301 | 301 | | THENCE South 86 deg. 54 min. 19 sec. West, Continuing with the |
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302 | 302 | | general course of said fence, the South line of both said 66.68 acre |
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303 | 303 | | tract and Block 24, passing their Southwest corner of the West line |
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304 | 304 | | of aid Mason Survey, the East line of said Richards Survey, the most |
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305 | 305 | | Easterly Southeast corner of said 145.00 acre tract, and continuing |
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306 | 306 | | for a total distance of 2370.47 feet to a 4 inch dia. Pipe fence |
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307 | 307 | | corner post in concrete on a West line of said 146.00 acre tract; |
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308 | 308 | | THENCE North 02 deg. 35 min. 21 sec. West, with the general |
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309 | 309 | | course of a fence maintaining a West line of said 146.00 acre tract, |
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310 | 310 | | passing a fence corner post on the South side of the above mentioned |
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311 | 311 | | Stiff Chapel Road, and continuing for a total distance of 2354.25 |
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312 | 312 | | feet to a set spike nail and flasher in the center of said road, said |
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313 | 313 | | nail maintaining the most Northerly Northwest corner of said 146.00 |
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314 | 314 | | acre tract; |
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315 | 315 | | THENCE North 86 deg. 27 min. 26 sec. East, with the center of |
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316 | 316 | | said road, the North line of said 146.00 acre tract, a distance of |
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317 | 317 | | 971.12 feet to a set spike nail and flasher at the intersection of |
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318 | 318 | | the center of said road with the center of the above mentioned |
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319 | 319 | | Scharff Road on the East line of said Richards Survey, the West line |
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320 | 320 | | of the said Mason Survey, said nail maintaining the Northwest |
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321 | 321 | | corner of Block 24, the Southwest corner of Block 23 of the Gunter |
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322 | 322 | | Farms; |
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323 | 323 | | THENCE North 01 deg. 30 min. 00 sec. West, with the enter of |
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324 | 324 | | said Scharff Road, the West line of said Mason Survey, the West line |
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325 | 325 | | of said Block 23, a distance of 2742.74 feet to the place beginning |
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326 | 326 | | and containing 374.17 acre of land, more or less. |
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327 | 327 | | TRACT 3 ID 134810 |
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328 | 328 | | All that certain tract or parcel of land situated in the |
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329 | 329 | | William Richards Survey, Abstract Number 998, County of Grayson, |
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330 | 330 | | State of Texas; said tract being all of a called 160 acre tract as |
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331 | 331 | | described in Tract 21, and all of a called acre tract as described |
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332 | 332 | | in Tract 22 in Substitute Trustee's Deed to John Hancock Mutual Life |
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333 | 333 | | Insurance Co., dated 07 July 192, and Recorded I Volume 2220 Page |
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334 | 334 | | 297 of the Deed Records of the County of Grayson, State of Texas, |
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335 | 335 | | and being more fully described as follows: |
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336 | 336 | | BEGINNING for the southwest corner of the tract being |
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337 | 337 | | described herein at a found 1/2 inch steel square tubing, said |
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338 | 338 | | tubing being the southwest corner of said Tract 22, the southeast |
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339 | 339 | | corner of tract 15, and the northeast corner of a called 76.73 acre |
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340 | 340 | | tract as shown by Deed to Erwin Jaresh, dated 06 November 1963, and |
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341 | 341 | | Recorded in Volume 992 Page 516 of said Deed Records, said tubing |
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342 | 342 | | also being in the center4 line of Stiff Chapel Road (a gravel |
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343 | 343 | | surfaced public road, and the center line of Jaresh Road (a gravel |
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344 | 344 | | surfaced public road): |
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345 | 345 | | THENCE North 01 degrees 04 minute 00 seconds West, with the |
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346 | 346 | | west line of said Tract 22, and with the east line of said tract 15, |
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347 | 347 | | a distance of 2663.33 feet to a found 1/2 inch Rebar for northwest |
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348 | 348 | | corner of said Tract 22, the northeast corner of tract 15, and the |
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349 | 349 | | southwest corner of tract 20 of said John Hancock Deed; |
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350 | 350 | | THENCE North 88 degrees 48 minutes 47 seconds East, with the |
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351 | 351 | | North line of said Tract 21 and 22, and the south line of said tract |
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352 | 352 | | 20, a distance of 3725.83 feet to as set 1/2 inch square tubing for |
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353 | 353 | | the northeast corner of said Tract 21, and the southeast corner of |
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354 | 354 | | said tract 29, and Scharff Road. |
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355 | 355 | | THENCE South 01 degrees 16 minutes 42 seconds East, with the |
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356 | 356 | | east line of said Tract 21, and in said Scharff Road, a distance of |
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357 | 357 | | 2643.27 feet to a found 1/2 inch steel square tubing for the |
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358 | 358 | | southeast corner of said Tract 21; |
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359 | 359 | | THENCE South 87 degrees 39 minutes 40 seconds West, with the |
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360 | 360 | | South line said Tract 21, and in said Stiff Chapel Road, a distance |
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361 | 361 | | of 970.94 feet to a found 1/2 inch steel square tubing for a corner; |
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362 | 362 | | THENCE South 87 degrees 58 minutes 20 seconds West, with the |
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363 | 363 | | South line of said Tract 21 and 22, a distance of 2135.72 feet to a |
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364 | 364 | | found Spike Nail for a corner. |
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365 | 365 | | THENCE South 89 degrees 47 minutes 50 seconds West, with the |
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366 | 366 | | south line of said Tract 22, and in said road a distance of 629.46 |
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367 | 367 | | feet to the POINT OF NEGINNING and containing 227.268 acres of land |
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368 | 368 | | TRACT 5 ID 134710 |
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369 | 369 | | All that certain tract or parcel of land situated in the |
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370 | 370 | | Robert Mason Survey, Abstract Number 784, County of Grayson, State |
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371 | 371 | | of Texas; said tract being all of a called 153.7 acre tract as |
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372 | 372 | | described in Tract 24, and all of a called 25.66 acre tract as |
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373 | 373 | | described in Tract 25 in the Substitute Trustee's Deed to John |
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374 | 374 | | Hancock Mutual Life Insurance Co., dated 07 July 1992, and Recorded |
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375 | 375 | | in Volume 2220 Page 297 of the Deed Records of County of Grayson, |
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376 | 376 | | State of Texas, and being more fully described as follows: |
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377 | 377 | | BEGINNING for the southwest corner of the tract being |
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378 | 378 | | described herein at a found 1/2 inch rebar by a wood fence corner |
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379 | 379 | | post, said rebar being the southwest corner o said Tract 25, and the |
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380 | 380 | | northwest corner of a called 112.268 acre tract as shown by Deed to |
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381 | 381 | | The Calla Lillie Dickie Family Trust, dated September 1990, and |
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382 | 382 | | Recorded in Volume 2116 Page 696 of said Deed Records; |
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383 | 383 | | THENCE North 02 degrees 33 minutes 15 seconds West, with the |
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384 | 384 | | west line of said Tract 25, a distance of 960.89 feet to a Cross-Tie |
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385 | 385 | | fence corner post on the south line of a Tract 35 of said John |
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386 | 386 | | Hancock Deed; |
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387 | 387 | | THENCE North 89 degrees 55 minutes 32 seconds East, with the |
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388 | 388 | | north line of said Tract 25, and with the south line of said Tract |
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389 | 389 | | 35, a distance of 1185.26 feet to a set 1/2 inch rebar for the |
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390 | 390 | | northeast corner of said Tract 25, and the southeast corner of said |
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391 | 391 | | Tract 35, and on the west line of said Tract 24; |
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392 | 392 | | THENCE North 02 degrees 14 minutes 17 seconds East, with the |
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393 | 393 | | west line of said Tract 24, and the east line of said Tract 35, a |
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394 | 394 | | distance of 279.28 feet to a wood fence corner post for a corner; |
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395 | 395 | | THENCE North 00 degrees 16 minutes 13 seconds East, with the |
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396 | 396 | | west line of said Tract 24, and the east line of said Tract 35, a |
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397 | 397 | | distance of 428.41 feet to a metal T-Post fence corner post for a |
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398 | 398 | | corner. |
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399 | 399 | | THENCE North 00 degrees 31 minutes 40 seconds West, with the |
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400 | 400 | | west line of said Tract 24, and the east line of said Tract 35, a |
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401 | 401 | | distance of 1598.67 feet to a found Spike Nail for the northwest |
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402 | 402 | | corner of said Tract 24, and the northeast corner of said Tract 35, |
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403 | 403 | | said Spike Nail being in the center line of Stiff Chapel Road 9an |
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404 | 404 | | asphalt surfaced public road); |
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405 | 405 | | THENCE South 89 degrees 30 minutes 51 seconds East with the |
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406 | 406 | | north line of said Tract 24, and with said road, a distance of |
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407 | 407 | | 2041.00 feet to a found 1/2 inch rebar for the northeast corner of |
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408 | 408 | | said Tract 24; |
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409 | 409 | | THENCE South 00 degrees 16 minutes 08 seconds East, with the |
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410 | 410 | | east line of said Tract 24, and with Old Skaggs Road (a gavel |
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411 | 411 | | surfaced public road0, a distance of 3261.34 feet to a found 1/2 |
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412 | 412 | | inch rebar for the southeast corner of said Tract 24, and the |
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413 | 413 | | northeast corner of said Dickie Family Trust Tract: |
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414 | 414 | | THENCE North 89 degrees 48 minutes 05 seconds West, with the |
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415 | 415 | | south line of said Tracts 24 and 25, and with the North line of said |
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416 | 416 | | Dickie Family Trust tract, a distance of 3196.90 feet to the POINT |
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417 | 417 | | OF BEGINNING and containing 178.842 acres of land. |
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418 | 418 | | SECTION 3. (a) The legal notice of the intention to |
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419 | 419 | | introduce this Act, setting forth the general substance of this |
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420 | 420 | | Act, has been published as provided by law, and the notice and a |
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421 | 421 | | copy of this Act have been furnished to all persons, agencies, |
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422 | 422 | | officials, or entities to which they are required to be furnished |
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423 | 423 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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424 | 424 | | Government Code. |
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425 | 425 | | (b) The governor, one of the required recipients, has |
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426 | 426 | | submitted the notice and Act to the Texas Commission on |
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427 | 427 | | Environmental Quality. |
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428 | 428 | | (c) The Texas Commission on Environmental Quality has filed |
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429 | 429 | | its recommendations relating to this Act with the governor, the |
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430 | 430 | | lieutenant governor, and the speaker of the house of |
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431 | 431 | | representatives within the required time. |
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432 | 432 | | (d) All requirements of the constitution and laws of this |
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433 | 433 | | state and the rules and procedures of the legislature with respect |
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434 | 434 | | to the notice, introduction, and passage of this Act are fulfilled |
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435 | 435 | | and accomplished. |
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436 | 436 | | SECTION 4. (a) If this Act does not receive a two-thirds |
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437 | 437 | | vote of all the members elected to each house, Subchapter C, Chapter |
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438 | 438 | | 8314, Special District Local Laws Code, as added by Section 1 of |
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439 | 439 | | this Act, is amended by adding Section 8314.0307 to read as follows: |
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440 | 440 | | Sec. 8314.0307. NO EMINENT DOMAIN POWER. The district may |
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441 | 441 | | not exercise the power of eminent domain. |
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442 | 442 | | (b) This section is not intended to be an expression of a |
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443 | 443 | | legislative interpretation of the requirements of Section 17(c), |
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444 | 444 | | Article I, Texas Constitution. |
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445 | 445 | | SECTION 5. This Act takes effect September 1, 2019. |
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