Texas 2021 - 87th Regular

Texas House Bill HB4586 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10156 SGM-F
2	2	By: Smith H.B. No. 4586
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Grayson County Municipal Utility
8	8	District No. 8; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 7912A to read as follows:
14	14	CHAPTER 7912A. GRAYSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 8
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7912A.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Grayson County Municipal
22	22	Utility District No. 8.
23	23	Sec. 7912A.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 7912A.0103. CONFIRMATION AND DIRECTOR ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 7912A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7912A.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 7912A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7912A.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7912A.0201. GOVERNING BODY; TERMS. (a) The district
60	60	is governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7912A.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7912A.0202. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act enacting this chapter, the owner or owners
65	65	of a majority of the assessed value of the real property in the
66	66	district may submit a petition to the commission requesting that
67	67	the commission appoint as temporary directors the five persons
68	68	named in the petition. The commission shall appoint as temporary
69	69	directors the five persons named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7912A.0103; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 7912A.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 7912A.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 7912A.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 7912A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 7912A.0303. AUTHORITY FOR ROAD PROJECTS. Under
101	101	Section 52, Article III, Texas Constitution, the district may
102	102	design, acquire, construct, finance, issue bonds for, improve,
103	103	operate, maintain, and convey to this state, a county, or a
104	104	municipality for operation and maintenance macadamized, graveled,
105	105	or paved roads, or improvements, including storm drainage, in aid
106	106	of those roads.
107	107	Sec. 7912A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
108	108	road project must meet all applicable construction standards,
109	109	zoning and subdivision requirements, and regulations of each
110	110	municipality in whose corporate limits or extraterritorial
111	111	jurisdiction the road project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards,
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 7912A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
121	121	ORDINANCE OR RESOLUTION. The district shall comply with all
122	122	applicable requirements of any ordinance or resolution that is
123	123	adopted under Section 54.016 or 54.0165, Water Code, and that
124	124	consents to the creation of the district or to the inclusion of land
125	125	in the district.
126	126	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
127	127	Sec. 7912A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
128	128	The district may issue, without an election, bonds and other
129	129	obligations secured by:
130	130	(1) revenue other than ad valorem taxes; or
131	131	(2) contract payments described by Section
132	132	7912A.0403.
133	133	(b) The district must hold an election in the manner
134	134	provided by Chapters 49 and 54, Water Code, to obtain voter approval
135	135	before the district may impose an ad valorem tax or issue bonds
136	136	payable from ad valorem taxes.
137	137	(c) The district may not issue bonds payable from ad valorem
138	138	taxes to finance a road project unless the issuance is approved by a
139	139	vote of a two-thirds majority of the district voters voting at an
140	140	election held for that purpose.
141	141	Sec. 7912A.0402. OPERATION AND MAINTENANCE TAX. (a) If
142	142	authorized at an election held under Section 7912A.0401, the
143	143	district may impose an operation and maintenance tax on taxable
144	144	property in the district in accordance with Section 49.107, Water
145	145	Code.
146	146	(b) The board shall determine the tax rate. The rate may not
147	147	exceed the rate approved at the election.
148	148	Sec. 7912A.0403. CONTRACT TAXES. (a) In accordance with
149	149	Section 49.108, Water Code, the district may impose a tax other than
150	150	an operation and maintenance tax and use the revenue derived from
151	151	the tax to make payments under a contract after the provisions of
152	152	the contract have been approved by a majority of the district voters
153	153	voting at an election held for that purpose.
154	154	(b) A contract approved by the district voters may contain a
155	155	provision stating that the contract may be modified or amended by
156	156	the board without further voter approval.
157	157	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
158	158	Sec. 7912A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
159	159	OBLIGATIONS. The district may issue bonds or other obligations
160	160	payable wholly or partly from ad valorem taxes, impact fees,
161	161	revenue, contract payments, grants, or other district money, or any
162	162	combination of those sources, to pay for any authorized district
163	163	purpose.
164	164	Sec. 7912A.0502. TAXES FOR BONDS. At the time the district
165	165	issues bonds payable wholly or partly from ad valorem taxes, the
166	166	board shall provide for the annual imposition of a continuing
167	167	direct ad valorem tax, without limit as to rate or amount, while all
168	168	or part of the bonds are outstanding as required and in the manner
169	169	provided by Sections 54.601 and 54.602, Water Code.
170	170	Sec. 7912A.0503. BONDS FOR ROAD PROJECTS. At the time of
171	171	issuance, the total principal amount of bonds or other obligations
172	172	issued or incurred to finance road projects and payable from ad
173	173	valorem taxes may not exceed one-fourth of the assessed value of the
174	174	real property in the district.
175	175	SECTION 2. The Grayson County Municipal Utility District
176	176	No. 8 initially includes all the territory contained in the
177	177	following area:
178	178	BEING A TRACT OF LAND LOCATED IN THE UEL D. FOX SURVEY,
179	179	ABSTRACT NO. 423 AND THE SAMUEL PRUITT SURVEY, ABSTRACT NO. 956,
180	180	GRAYSON COUNTY, TEXAS AND BEING ALL OF THOSE TRACTS OF LAND
181	181	DESCRIBED IN DEEDS TO WCH FAMILY PARTNERSHIP, LTD., RECORDED IN
182	182	VOLUME 5188, PAGE 153 AND VOLUME 5188, PAGE 159, DEED RECORDS,
183	183	GRAYSON COUNTY, TEXAS (D.R.G.C.T.) AND BEING ALL OF A TRACT OF LAND
184	184	DESCRIBED IN DEED TO GEORGE M. KERNS AND WIFE, DIANA SUE KERNS,
185	185	RECORDED IN VOLUME 1304, PAGE 793, D.R.G.C.T. AND BEING MORE
186	186	PARTICULARLY DESCRIBED AS FOLLOWS:
187	187	BEGINNING AT A 1/2-INCH IRON ROD FOUND AT THE MOST WESTERLY
188	188	NORTHWEST CORNER OF SAID WCH FAMILY PARTNERSHIP TRACT AND THE
189	189	SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO RICK
190	190	WALKER, RECORDED IN VOLUME 3917, PAGE 626, D.R.G.C.T., FROM WHICH A
191	191	1/2-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF LOT 1 OF HUNTER'S
192	192	CROSSING, PHASE 1, AN ADDITION TO GRAYSON COUNTY, TEXAS ACCORDING
193	193	TO THE PLAT THEREOF RECORDED IN VOLUME 13, PAGE 44, PLAT RECORDS,
194	194	GRAYSON COUNTY, TEXAS (P.R.G.C.T.) BEARS NORTH 00°21'42" WEST, A
195	195	DISTANCE OF 38.44 FEET;
196	196	THENCE NORTH 89°08'11" EAST, A DISTANCE OF 595.08 FEET TO A
197	197	1/2-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF A TRACT OF LAND
198	198	DESCRIBED IN DEED TO PAUL D. YATES AND WIFE, TINA Y. YATES, RECORDED
199	199	IN VOLUME 2447, PAGE 187, D.R.G.C.T.;
200	200	THENCE NORTH 00°53'40" WEST, A DISTANCE OF 240.03 FEET TO A
201	201	CALCULATED POINT IN THE SOUTH LINE OF SAID WALKER TRACT AT THE
202	202	NORTHEAST CORNER OF SAID YATES TRACT, FROM WHICH A 1/2-INCH IRON ROD
203	203	FOUND BEARS NORTH 00°53'40" WEST, A DISTANCE OF 0.40 FEET;
204	204	THENCE NORTH 89°08'11" EAST, ALONG THE COMMON LINE OF SAID WCH
205	205	FAMILY PARTNERSHIP TRACT AND SAID WALKER TRACT, PASSING A 5/8-INCH
206	206	IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR REFERENCE AT
207	207	A DISTANCE OF 1,726.26 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF
208	208	1,776.26 FEET TO A CALCULATED POINT FOR CORNER IN THE WEST PRONG OF
209	209	WHITES CREEK;
210	210	THENCE SOUTH 00°51'29" EAST, CONTINUING ALONG SAID COMMON
211	211	LINE AND SAID CREEK, A DISTANCE OF 21.30 FEET TO A CALCULATED POINT
212	212	AT THE MOST WESTERLY NORTHWEST CORNER OF LOT 16 OF THE REPLAT OF LOT
213	213	14 & PART OF LOTS 13 AND 15, HACKBERRY HEIGHTS, AN ADDITION TO
214	214	GRAYSON COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN
215	215	VOLUME 11, PAGE 23, P.R.G.C.T.;
216	216	THENCE SOUTH 02°01'10" WEST, LEAVING SAID COMMON LINE AND
217	217	CONTINUING ALONG SAID CREEK AND ALONG SAID WEST LINE, A DISTANCE OF
218	218	76.98 FEET TO A CALCULATED POINT FOR CORNER;
219	219	THENCE SOUTH 17°00'08" EAST, CONTINUING ALONG SAID CREEK AND
220	220	SAID WEST LINE, A DISTANCE OF 147.69 FEET TO A CALCULATED POINT FOR
221	221	CORNER;
222	222	THENCE NORTH 89°08'56" EAST, LEAVING SAID CREEK AND ALONG THE
223	223	SOUTH LINE OF SAID LOT 16, A DISTANCE OF 219.81 FEET TO A CALCULATED
224	224	POINT FOR CORNER IN THE APPROXIMATE CENTER OF A BRANCH OF SAID CREEK
225	225	AT THE NORTH CORNER OF LOT 13 OF HACKBERRY HEIGHTS PHASE TWO, AN
226	226	ADDITION TO GRAYSON COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF
227	227	RECORDED IN VOLUME 10, PAGE 92, P.R.G.C.T.;
228	228	THENCE SOUTH 23°54'50" WEST, ALONG SAID BRANCH AND THE WEST
229	229	LINE OF SAID HACKBERRY HEIGHTS PHASE TWO, A DISTANCE OF 108.98 FEET
230	230	TO A CALCULATED POINT FOR CORNER IN SAID WEST PRONG OF WHITES CREEK;
231	231	THENCE SOUTHERLY, ALONG SAID WEST PRONG, SAME BEING THE
232	232	COMMON LINE OF SAID WCH FAMILY PARTNERSHIP TRACT AND SAID HACKBERRY
233	233	HEIGHTS PHASE TWO, THE FOLLOWING FIFTEEN (15) COURSES AND
234	234	DISTANCES:
235	235	1. SOUTH 05 °37'51" WEST, A DISTANCE OF 162.05 FEET TO A
236	236	CALCULATED POINT FOR CORNER;
237	237	2. SOUTH 17°32'07" EAST, A DISTANCE OF 134.22 FEET TO A
238	238	CALCULATED POINT FOR CORNER;
239	239	3. SOUTH 10°29'21" WEST, A DISTANCE OF 65.27 FEET TO A
240	240	CALCULATED POINT FOR CORNER;
241	241	4. SOUTH 42°00'02" EAST, A DISTANCE OF 60.19 FEET TO A
242	242	CALCULATED POINT FOR CORNER;
243	243	5. NORTH 62°06'14" EAST, A DISTANCE OF 43.26 FEET TO A
244	244	CALCULATED POINT FOR CORNER;
245	245	6. NORTH 03°18'47" EAST, A DISTANCE OF 56.58 FEET TO A
246	246	CALCULATED POINT FOR CORNER;
247	247	7. NORTH 59°29'48" EAST, A DISTANCE OF 117.66 FEET TO A
248	248	CALCULATED POINT FOR CORNER;
249	249	8. SOUTH 01°37'31" WEST, A DISTANCE OF 481.14 FEET TO A
250	250	CALCULATED POINT FOR CORNER;
251	251	9. SOUTH 53°49'07" WEST, A DISTANCE OF 198.83 FEET TO A
252	252	CALCULATED POINT FOR CORNER;
253	253	10. NORTH 69°18'14" WEST, A DISTANCE OF 113.04 FEET TO A
254	254	CALCULATED POINT FOR CORNER;
255	255	11. NORTH 29°21'52" WEST, A DISTANCE OF 124.86 FEET TO A
256	256	CALCULATED POINT FOR CORNER;
257	257	12. SOUTH 36°44'06" WEST, A DISTANCE OF 88.97 FEET TO A
258	258	CALCULATED POINT FOR CORNER;
259	259	13. SOUTH 65°01'56" EAST, A DISTANCE OF 40.98 FEET TO A
260	260	CALCULATED POINT FOR CORNER;
261	261	14. SOUTH 27°31'46" EAST, A DISTANCE OF 196.90 FEET TO A
262	262	CALCULATED POINT FOR CORNER;
263	263	15. SOUTH 41°45'29" WEST, A DISTANCE OF 127.35 FEET TO A
264	264	CALCULATED POINT AT THE MOST SOUTHERLY NORTHWEST CORNER
265	265	OF LOT 16 OF SAID HACKBERRY HEIGHTS PHASE TWO AND THE
266	266	NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO
267	267	BRIGGS LIVING TRUST, RECORDED IN VOLUME 3204, PAGE 646,
268	268	D.R.G.C.T.;
269	269	THENCE SOUTHWESTERLY, ALONG THE APPROXIMATE CENTER OF SAID
270	270	WEST PRONG, SAME BEING THE COMMON LINE OF SAID WCH FAMILY
271	271	PARTNERSHIP TRACT AND SAID BRIGGS LIVING TRUST TRACT, THE FOLLOWING
272	272	THIRTY- THREE (33) COURSES AND DISTANCES:
273	273	1. SOUTH 71°32'08" WEST, A DISTANCE OF 78.07 FEET TO A
274	274	CALCULATED POINT FOR CORNER;
275	275	2. NORTH 84°23'14" WEST, A DISTANCE OF 91.09 FEET TO A
276	276	CALCULATED POINT FOR CORNER;
277	277	3. SOUTH 85°15'30" WEST, A DISTANCE OF 30.10 FEET TO A
278	278	CALCULATED POINT FOR CORNER;
279	279	4. SOUTH 62°11'39" WEST, A DISTANCE OF 41.25 FEET TO A
280	280	CALCULATED POINT FOR CORNER;
281	281	5. SOUTH 04°28'27" WEST, A DISTANCE OF 34.86 FEET TO A
282	282	CALCULATED POINT FOR CORNER;
283	283	6. SOUTH 09°39'18" EAST, A DISTANCE OF 37.43 FEET TO A
284	284	CALCULATED POINT FOR CORNER;
285	285	7. SOUTH 54°53'18" EAST, A DISTANCE OF 19.07 FEET TO A
286	286	CALCULATED POINT FOR CORNER;
287	287	8. NORTH 66°44'16" EAST, A DISTANCE OF 15.43 FEET TO A
288	288	CALCULATED POINT FOR CORNER;
289	289	9. SOUTH 68°06'44" EAST, A DISTANCE OF 30.52 FEET TO A
290	290	CALCULATED POINT FOR CORNER;
291	291	10. SOUTH 62°01'54" EAST, A DISTANCE OF 33.64 FEET TO A
292	292	CALCULATED POINT FOR CORNER;
293	293	11. SOUTH 34°19'34" EAST, A DISTANCE OF 53.12 FEET TO A
294	294	CALCULATED POINT FOR CORNER;
295	295	12. SOUTH 02°52'27" EAST, A DISTANCE OF 28.55 FEET TO A
296	296	CALCULATED POINT FOR CORNER;
297	297	13. SOUTH 42°01'01" WEST, A DISTANCE OF 38.44 FEET TO A
298	298	CALCULATED POINT FOR CORNER;
299	299	14. SOUTH 69°56'13" WEST, A DISTANCE OF 128.54 FEET TO A
300	300	CALCULATED POINT FOR CORNER;
301	301	15. SOUTH 83°04'08" WEST, A DISTANCE OF 53.04 FEET TO A
302	302	CALCULATED POINT FOR CORNER;
303	303	16. NORTH 41°44'15" WEST, A DISTANCE OF 122.78 FEET TO A
304	304	CALCULATED POINT FOR CORNER;
305	305	17. NORTH 81°21'43" WEST, A DISTANCE OF 13.51 FEET TO A
306	306	CALCULATED POINT FOR CORNER;
307	307	18. SOUTH 76°55'42" WEST, A DISTANCE OF 11.79 FEET TO A
308	308	CALCULATED POINT FOR CORNER;
309	309	19. SOUTH 65°12'40" WEST, A DISTANCE OF 29.57 FEET TO A
310	310	CALCULATED POINT FOR CORNER;
311	311	20. SOUTH 33°03'38" WEST, A DISTANCE OF 42.81 FEET TO A
312	312	CALCULATED POINT FOR CORNER;
313	313	21. SOUTH 10°00'47" WEST, A DISTANCE OF 11.45 FEET TO A
314	314	CALCULATED POINT FOR CORNER;
315	315	22. SOUTH 16°36'13" EAST, A DISTANCE OF 12.00 FEET TO A
316	316	CALCULATED POINT FOR CORNER;
317	317	23. SOUTH 43°21'35" EAST, A DISTANCE OF 19.22 FEET TO A
318	318	CALCULATED POINT FOR CORNER;
319	319	24. SOUTH 23°19'51" EAST, A DISTANCE OF 15.43 FEET TO A
320	320	CALCULATED POINT FOR CORNER;
321	321	25. SOUTH 04°42'58" WEST, A DISTANCE OF 17.64 FEET TO A
322	322	CALCULATED POINT FOR CORNER;
323	323	26. SOUTH 22°18'01" WEST, A DISTANCE OF 25.94 FEET TO A
324	324	CALCULATED POINT FOR CORNER;
325	325	27. SOUTH 54°52'25" WEST, A DISTANCE OF 35.73 FEET TO A
326	326	CALCULATED POINT FOR CORNER;
327	327	28. SOUTH 62°47'42" WEST, A DISTANCE OF 33.74 FEET TO A
328	328	CALCULATED POINT FOR CORNER;
329	329	29. SOUTH 14°24'32" WEST, A DISTANCE OF 24.78 FEET TO A
330	330	CALCULATED POINT FOR CORNER;
331	331	30. SOUTH 05°50'31" EAST, A DISTANCE OF 36.58 FEET TO A
332	332	CALCULATED POINT FOR CORNER;
333	333	31. SOUTH 06°48'15" EAST, A DISTANCE OF 61.82 FEET TO A
334	334	CALCULATED POINT FOR CORNER;
335	335	32. SOUTH 44°48'52" EAST, A DISTANCE OF 37.81 FEET TO A
336	336	CALCULATED POINT FOR CORNER;
337	337	33. SOUTH 25°16'42" EAST, A DISTANCE OF 16.01 FEET TO A
338	338	CALCULATED POINT FOR CORNER;
339	339	THENCE SOUTH 88°50'56" WEST, LEAVING SAID WEST PRONG AND
340	340	CONTINUING ALONG THE COMMON LINE OF SAID WCH FAMILY PARTNERSHIP
341	341	TRACT AND SAID BRIGGS LIVING TRUST TRACT, PASSING A 5/8-INCH IRON
342	342	ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR REFERENCE AT A
343	343	DISTANCE OF 50.00 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF
344	344	354.36 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS
345	345	5674" SET FOR CORNER NEAR A FENCE CORNER POST;
346	346	THENCE SOUTH 07°35'56" WEST, A DISTANCE OF 599.94 FEET TO A
347	347	DEAD BOIS D'ARC TREE FOUND FOR CORNER;
348	348	THENCE NORTH 80°08'23" WEST, PASSING AT A DISTANCE OF 748.66
349	349	FEET A 1/2-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF A TRACT OF
350	350	LAND DESCRIBED IN DEED TO GEORGE M. KERNS AND WIFE, DIANA SUE KERNS,
351	351	RECORDED IN VOLUME 1304, PAGE 793, D.R.G.C.T., PASSING AGAIN AT A
352	352	DISTANCE OF 1119.45 FEET A WOOD FENCE POST FOUND AT THE CALLED
353	353	NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO RICKFORD B.
354	354	STILL AND MARTHA A. STILL, RECORDED IN VOLUME 3435, PAGE 152,
355	355	D.R.G.C.T., AND CONTINUING FOR A TOTAL DISTANCE OF 1,120.62 FEET TO
356	356	A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE
357	357	MOST SOUTHERLY SOUTHWEST CORNER OF SAID KERNS TRACT;
358	358	THENCE SOUTH 00°26'09" WEST, PASSING A 1/2-INCH IRON ROD FOUND
359	359	AT A DISTANCE OF 2.64 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF
360	360	469.12 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS
361	361	5674" SET AT THE SOUTHEAST CORNER OF SAID WCH FAMILY PARTNERSHIP
362	362	TRACT, FROM WHICH A 1/2- INCH IRON ROD FOUND WITH A CAP STAMPED
363	363	"SARTIN 3694" BEARS NORTH 83°16'09" EAST, A DISTANCE OF 3.65 FEET;
364	364	THENCE SOUTH 88°27'06" WEST, A DISTANCE OF 118.91 FEET TO A
365	365	PK-NAIL FOUND IN MAJORS ROAD AT THE SOUTH COMMON CORNER OF SAID WCH
366	366	FAMILY PARTNERSHIP TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO
367	367	BILLY WAYNE TURNER, RECORDED IN INSTRUMENT NO. 2017-00006509,
368	368	D.R.G.C.T.;
369	369	THENCE NORTH 40°07'29" WEST, ALONG SAID MAJORS ROAD AND THE
370	370	COMMON LINE OF SAID WCH PARTNERSHIP TRACT AND SAID TURNER TRACT, A
371	371	DISTANCE OF 376.00 FEET TO A MAG NAIL SET FOR CORNER IN SAID MAJORS
372	372	ROAD;
373	373	THENCE NORTH 24°15'14" WEST, LEAVING THE COMMON LINE OF SAID
374	374	WCH FAMILY PARTNERSHIP TRACT AND SAID TURNER TRACT, A DISTANCE OF
375	375	215.66 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS
376	376	5674" SET FOR CORNER ON THE WESTERLY SIDE OF SAID MAJORS ROAD;
377	377	THENCE NORTH 00°03'20" WEST, CONTINUING ALONG SAID WEST SIDE
378	378	OF MAJORS ROAD, A DISTANCE OF 206.05 FEET TO A 1/2-INCH IRON ROD
379	379	FOUND AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID KERNS TRACT;
380	380	THENCE NORTH 01°09'57" EAST, CONTINUING ALONG SAID WEST SIDE
381	381	OF MAJORS ROAD AND PASSING AT A DISTANCE OF 50.95 FEET THE NORTHWEST
382	382	CORNER OF SAID KERNS TRACT, PASSING AGAIN AT A DISTANCE OF 170.27
383	383	FEET A 1/2-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF A TRACT
384	384	OF LAND DESCRIBED IN DEED TO LC. ACHIMON AND WIFE DONNITA ACHIMON,
385	385	RECORDED IN VOLUME 2697, PAGE 690, D.R.G.C.T. AND A TRACT OF LAND
386	386	DESCRIBED IN DEED TO DEANNA M. BUNCH, RECORDED IN VOLUME 4588, PAGE
387	387	799, D.R.G.C.T., AND CONTINUING ALONG THE COMMON LINE OF SAID WCH
388	388	FAMILY PARTNERSHIP TRACT AND SAID BUNCH TRACT FOR A TOTAL DISTANCE
389	389	OF 550.82 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED
390	390	"RPLS 5674" SET AT THE NORTHWEST CORNER OF SAID WCH FAMILY
391	391	PARTNERSHIP TRACT RECORDED IN VOLUME 5188, PAGE 153;
392	392	THENCE NORTH 89°43'01" EAST, LEAVING THE COMMON LINE OF SAID
393	393	WCH FAMILY PARTNERSHIP TRACT AND SAID BUNCH TRACT, A DISTANCE OF
394	394	22.30 FEET TO A MAG NAIL SET NEAR THE APPROXIMATE CENTERLINE OF SAID
395	395	MAJORS ROAD AT THE SOUTHWEST CORNER OF SAID WCH FAMILY PARTNERSHIP
396	396	TRACT RECORDED IN 5188, PAGE 159;
397	397	THENCE NORTH 00°12'54" EAST, ALONG SAID APPROXIMATE
398	398	CENTERLINE, A DISTANCE OF 1,312.29 FEET TO THE POINT OF BEGINNING
399	399	AND CONTAINING 5,517,945 SQUARE FEET OR 126.675 ACRES OF LAND, MORE
400	400	OR LESS.
401	401	SAVE AND EXCEPT:
402	402	BEING A TRACT OF LAND LOCATED IN THE SAMUEL PRUITT SURVEY,
403	403	ABSTRACT NO. 956, GRAYSON COUNTY, TEXAS AND BEING ALL OF A TRACT OF
404	404	LAND DESCRIBED IN DEED TO GEORGE M. KERNS AND WIFE, DIANA SUE KERNS,
405	405	RECORDED IN VOLUME 1304, PAGE 793, DEED RECORDS, GRAYSON COUNTY,
406	406	TEXAS (D.R.G.C.T.) AND BEING MORE PARTICULARLY DESCRIBED AS
407	407	FOLLOWS:
408	408	BEGINNING AT A 1/2-INCH IRON ROD FOUND ON THE WEST SIDE OF
409	409	MAJORS ROAD AT THE NORTHWEST CORNER OF SAID KERNS TRACT AND THE MOST
410	410	WESTERLY SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO
411	411	WCH FAMILY PARTNERSHIP, LTD., RECORDED IN VOLUME 5188, PAGE 153,
412	412	D.R.G.C.T.;
413	413	THENCE SOUTH 81°42'03" EAST, ALONG THE COMMON LINE OF SAID
414	414	KERNS TRACT AND SAID WCH FAMILY PARTNERSHIP TRACT, A DISTANCE OF
415	415	864.10 FEET TO A CALCULATED POINT FOR CORNER;
416	416	THENCE SOUTH 09°51'07" WEST, CONTINUING ALONG SAID COMMON
417	417	LINE AND PASSING A 1/2-INCH IRON ROD FOUND AT A DISTANCE OF 210.52
418	418	FEET, AND CONTINUING FOR A TOTAL DISTANCE OF 210.88 FEET TO A
419	419	CALCULATED POINT AT THE SOUTH COMMON CORNER OF SAID KERNS TRACT AND
420	420	SAID WCH FAMILY PARTNERSHIP TRACT;
421	421	THENCE NORTH 80°08'23" WEST, LEAVING SAID COMMON LINE AND
422	422	ALONG THE SOUTH LINE OF SAID KERNS TRACT, PASSING AT A DISTANCE OF
423	423	370.79 FEET A WOOD FENCE POST FOUND AT THE CALLED NORTHWEST CORNER
424	424	OF A TRACT OF LAND DESCRIBED IN DEED TO RICKFORD B. STILL AND MARTHA
425	425	A. STILL, RECORDED IN VOLUME 3435, PAGE 152, D.R.G.C.T., AND
426	426	CONTINUING FOR A TOTAL DISTANCE OF 371.96 FEET TO A 5/8-INCH IRON
427	427	ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET IN THE EAST LINE OF A
428	428	SECOND TRACT DESCRIBED IN SAID DEED TO WCH FAMILY PARTNERSHIP TRACT
429	429	AT THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID KERNS TRACT;
430	430	THENCE NORTH 01°17'18" EAST, ALONG THE COMMON LINE OF SAID
431	431	KERNS TRACT AND SAID WCH FAMILY PARTNERSHIP TRACT, A DISTANCE OF
432	432	178.17 FEET TO A CALCULATED POINT FOR CORNER;
433	433	THENCE NORTH 85°02'11" WEST, CONTINUING ALONG SAID COMMON
434	434	LINE, A DISTANCE OF 459.27 FEET TO A 1/2-INCH IRON ROD FOUND ON THE
435	435	WEST SIDE OF MAJORS ROAD AT THE MOST WESTERLY SOUTHWEST CORNER OF
436	436	SAID KERNS TRACT;
437	437	THENCE NORTH 01°09'57" EAST, ALONG THE WEST LINE OF SAID KERNS
438	438	TRACT, A DISTANCE OF 50.95 FEET TO THE POINT OF BEGINNING AND
439	439	CONTAINING 96,752 SQUARE FEET OR 2.221 ACRES OF LAND, MORE OR LESS.
440	440	SECTION 3. (a) The legal notice of the intention to
441	441	introduce this Act, setting forth the general substance of this
442	442	Act, has been published as provided by law, and the notice and a
443	443	copy of this Act have been furnished to all persons, agencies,
444	444	officials, or entities to which they are required to be furnished
445	445	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
446	446	Government Code.
447	447	(b) The governor, one of the required recipients, has
448	448	submitted the notice and Act to the Texas Commission on
449	449	Environmental Quality.
450	450	(c) The Texas Commission on Environmental Quality has filed
451	451	its recommendations relating to this Act with the governor, the
452	452	lieutenant governor, and the speaker of the house of
453	453	representatives within the required time.
454	454	(d) All requirements of the constitution and laws of this
455	455	state and the rules and procedures of the legislature with respect
456	456	to the notice, introduction, and passage of this Act are fulfilled
457	457	and accomplished.
458	458	SECTION 4. (a) If this Act does not receive a two-thirds
459	459	vote of all the members elected to each house, Subchapter C, Chapter
460	460	7912A, Special District Local Laws Code, as added by Section 1 of
461	461	this Act, is amended by adding Section 7912A.0306 to read as
462	462	follows:
463	463	Sec. 7912A.0306. NO EMINENT DOMAIN POWER. The district may
464	464	not exercise the power of eminent domain.
465	465	(b) This section is not intended to be an expression of a
466	466	legislative interpretation of the requirements of Section 17(c),
467	467	Article I, Texas Constitution.
468	468	SECTION 5. This Act takes effect immediately if it receives
469	469	a vote of two-thirds of all the members elected to each house, as
470	470	provided by Section 39, Article III, Texas Constitution. If this
471	471	Act does not receive the vote necessary for immediate effect, this
472	472	Act takes effect September 1, 2021.