Texas 2021 - 87th Regular

Texas Senate Bill SB2207 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2207
	1	+	By: Springer S.B. No. 2207
	2	+	(Smith)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the Grayson County Municipal Utility
6	8		District No. 8; granting a limited power of eminent domain;
7	9		providing authority to issue bonds; providing authority to impose
8	10		assessments, fees, and taxes.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	13		Code, is amended by adding Chapter 7912A to read as follows:
12	14		CHAPTER 7912A. GRAYSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 8
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 7912A.0101. DEFINITIONS. In this chapter:
15	17		(1) "Board" means the district's board of directors.
16	18		(2) "Commission" means the Texas Commission on
17	19		Environmental Quality.
18	20		(3) "Director" means a board member.
19	21		(4) "District" means the Grayson County Municipal
20	22		Utility District No. 8.
21	23		Sec. 7912A.0102. NATURE OF DISTRICT. The district is a
22	24		municipal utility district created under Section 59, Article XVI,
23	25		Texas Constitution.
24	26		Sec. 7912A.0103. CONFIRMATION AND DIRECTOR ELECTION
25	27		REQUIRED. The temporary directors shall hold an election to
26	28		confirm the creation of the district and to elect five permanent
27	29		directors as provided by Section 49.102, Water Code.
28	30		Sec. 7912A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	31		temporary directors may not hold an election under Section
30	32		7912A.0103 until each municipality in whose corporate limits or
31	33		extraterritorial jurisdiction the district is located has
32	34		consented by ordinance or resolution to the creation of the
33	35		district and to the inclusion of land in the district.
34	36		Sec. 7912A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	37		(a) The district is created to serve a public purpose and benefit.
36	38		(b) The district is created to accomplish the purposes of:
37	39		(1) a municipal utility district as provided by
38	40		general law and Section 59, Article XVI, Texas Constitution; and
39	41		(2) Section 52, Article III, Texas Constitution, that
40	42		relate to the construction, acquisition, improvement, operation,
41	43		or maintenance of macadamized, graveled, or paved roads, or
42	44		improvements, including storm drainage, in aid of those roads.
43	45		Sec. 7912A.0106. INITIAL DISTRICT TERRITORY. (a) The
44	46		district is initially composed of the territory described by
45	47		Section 2 of the Act enacting this chapter.
46	48		(b) The boundaries and field notes contained in Section 2 of
47	49		the Act enacting this chapter form a closure. A mistake made in the
48	50		field notes or in copying the field notes in the legislative process
49	51		does not affect the district's:
50	52		(1) organization, existence, or validity;
51	53		(2) right to issue any type of bond for the purposes
52	54		for which the district is created or to pay the principal of and
53	55		interest on a bond;
54	56		(3) right to impose a tax; or
55	57		(4) legality or operation.
56	58		SUBCHAPTER B. BOARD OF DIRECTORS
57	59		Sec. 7912A.0201. GOVERNING BODY; TERMS. (a) The district
58	60		is governed by a board of five elected directors.
59	61		(b) Except as provided by Section 7912A.0202, directors
60	62		serve staggered four-year terms.
61	63		Sec. 7912A.0202. TEMPORARY DIRECTORS. (a) On or after the
62	64		effective date of the Act enacting this chapter, the owner or owners
63	65		of a majority of the assessed value of the real property in the
64	66		district may submit a petition to the commission requesting that
65	67		the commission appoint as temporary directors the five persons
66	68		named in the petition. The commission shall appoint as temporary
67	69		directors the five persons named in the petition.
68	70		(b) Temporary directors serve until the earlier of:
69	71		(1) the date permanent directors are elected under
70	72		Section 7912A.0103; or
71	73		(2) the fourth anniversary of the effective date of
72	74		the Act enacting this chapter.
73	75		(c) If permanent directors have not been elected under
74	76		Section 7912A.0103 and the terms of the temporary directors have
75	77		expired, successor temporary directors shall be appointed or
76	78		reappointed as provided by Subsection (d) to serve terms that
77	79		expire on the earlier of:
78	80		(1) the date permanent directors are elected under
79	81		Section 7912A.0103; or
80	82		(2) the fourth anniversary of the date of the
81	83		appointment or reappointment.
82	84		(d) If Subsection (c) applies, the owner or owners of a
83	85		majority of the assessed value of the real property in the district
84	86		may submit a petition to the commission requesting that the
85	87		commission appoint as successor temporary directors the five
86	88		persons named in the petition. The commission shall appoint as
87	89		successor temporary directors the five persons named in the
88	90		petition.
89	91		SUBCHAPTER C. POWERS AND DUTIES
90	92		Sec. 7912A.0301. GENERAL POWERS AND DUTIES. The district
91	93		has the powers and duties necessary to accomplish the purposes for
92	94		which the district is created.
93	95		Sec. 7912A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	96		DUTIES. The district has the powers and duties provided by the
95	97		general law of this state, including Chapters 49 and 54, Water Code,
96	98		applicable to municipal utility districts created under Section 59,
97	99		Article XVI, Texas Constitution.
98	100		Sec. 7912A.0303. AUTHORITY FOR ROAD PROJECTS. Under
99	101		Section 52, Article III, Texas Constitution, the district may
100	102		design, acquire, construct, finance, issue bonds for, improve,
101	103		operate, maintain, and convey to this state, a county, or a
102	104		municipality for operation and maintenance macadamized, graveled,
103	105		or paved roads, or improvements, including storm drainage, in aid
104	106		of those roads.
105	107		Sec. 7912A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	108		road project must meet all applicable construction standards,
107	109		zoning and subdivision requirements, and regulations of each
108	110		municipality in whose corporate limits or extraterritorial
109	111		jurisdiction the road project is located.
110	112		(b) If a road project is not located in the corporate limits
111	113		or extraterritorial jurisdiction of a municipality, the road
112	114		project must meet all applicable construction standards,
113	115		subdivision requirements, and regulations of each county in which
114	116		the road project is located.
115	117		(c) If the state will maintain and operate the road, the
116	118		Texas Transportation Commission must approve the plans and
117	119		specifications of the road project.
118	120		Sec. 7912A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	121		ORDINANCE OR RESOLUTION. The district shall comply with all
120	122		applicable requirements of any ordinance or resolution that is
121	123		adopted under Section 54.016 or 54.0165, Water Code, and that
122	124		consents to the creation of the district or to the inclusion of land
123	125		in the district.
124	126		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	127		Sec. 7912A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
126	128		The district may issue, without an election, bonds and other
127	129		obligations secured by:
128	130		(1) revenue other than ad valorem taxes; or
129	131		(2) contract payments described by Section
130	132		7912A.0403.
131	133		(b) The district must hold an election in the manner
132	134		provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	135		before the district may impose an ad valorem tax or issue bonds
134	136		payable from ad valorem taxes.
135	137		(c) The district may not issue bonds payable from ad valorem
136	138		taxes to finance a road project unless the issuance is approved by a
137	139		vote of a two-thirds majority of the district voters voting at an
138	140		election held for that purpose.
139	141		Sec. 7912A.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	142		authorized at an election held under Section 7912A.0401, the
141	143		district may impose an operation and maintenance tax on taxable
142	144		property in the district in accordance with Section 49.107, Water
143	145		Code.
144	146		(b) The board shall determine the tax rate. The rate may not
145	147		exceed the rate approved at the election.
146	148		Sec. 7912A.0403. CONTRACT TAXES. (a) In accordance with
147	149		Section 49.108, Water Code, the district may impose a tax other than
148	150		an operation and maintenance tax and use the revenue derived from
149	151		the tax to make payments under a contract after the provisions of
150	152		the contract have been approved by a majority of the district voters
151	153		voting at an election held for that purpose.
152	154		(b) A contract approved by the district voters may contain a
153	155		provision stating that the contract may be modified or amended by
154	156		the board without further voter approval.
155	157		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	158		Sec. 7912A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	159		OBLIGATIONS. The district may issue bonds or other obligations
158	160		payable wholly or partly from ad valorem taxes, impact fees,
159	161		revenue, contract payments, grants, or other district money, or any
160	162		combination of those sources, to pay for any authorized district
161	163		purpose.
162	164		Sec. 7912A.0502. TAXES FOR BONDS. At the time the district
163	165		issues bonds payable wholly or partly from ad valorem taxes, the
164	166		board shall provide for the annual imposition of a continuing
165	167		direct ad valorem tax, without limit as to rate or amount, while all
166	168		or part of the bonds are outstanding as required and in the manner
167	169		provided by Sections 54.601 and 54.602, Water Code.
168	170		Sec. 7912A.0503. BONDS FOR ROAD PROJECTS. At the time of
169	171		issuance, the total principal amount of bonds or other obligations
170	172		issued or incurred to finance road projects and payable from ad
171	173		valorem taxes may not exceed one-fourth of the assessed value of the
172	174		real property in the district.
173	175		SECTION 2. The Grayson County Municipal Utility District
174	176		No. 8 initially includes all the territory contained in the
175	177		following area:
176	178		BEING A TRACT OF LAND LOCATED IN THE UEL D. FOX SURVEY,
177	179		ABSTRACT NO. 423 AND THE SAMUEL PRUITT SURVEY, ABSTRACT NO. 956,
178	180		GRAYSON COUNTY, TEXAS AND BEING ALL OF THOSE TRACTS OF LAND
179	181		DESCRIBED IN DEEDS TO WCH FAMILY PARTNERSHIP, LTD., RECORDED IN
180	182		VOLUME 5188, PAGE 153 AND VOLUME 5188, PAGE 159, DEED RECORDS,
181	183		GRAYSON COUNTY, TEXAS (D.R.G.C.T.) AND BEING ALL OF A TRACT OF LAND
182	184		DESCRIBED IN DEED TO GEORGE M. KERNS AND WIFE, DIANA SUE KERNS,
183	185		RECORDED IN VOLUME 1304, PAGE 793, D.R.G.C.T. AND BEING MORE
184	186		PARTICULARLY DESCRIBED AS FOLLOWS:
185	187		BEGINNING AT A 1/2-INCH IRON ROD FOUND AT THE MOST WESTERLY
186	188		NORTHWEST CORNER OF SAID WCH FAMILY PARTNERSHIP TRACT AND THE
187	189		SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO RICK
188	190		WALKER, RECORDED IN VOLUME 3917, PAGE 626, D.R.G.C.T., FROM WHICH A
189	191		1/2-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF LOT 1 OF HUNTER'S
190	192		CROSSING, PHASE 1, AN ADDITION TO GRAYSON COUNTY, TEXAS ACCORDING
191	193		TO THE PLAT THEREOF RECORDED IN VOLUME 13, PAGE 44, PLAT RECORDS,
192	194		GRAYSON COUNTY, TEXAS (P.R.G.C.T.) BEARS NORTH 00°21'42" WEST, A
193	195		DISTANCE OF 38.44 FEET;
194	196		THENCE NORTH 89°08'11" EAST, A DISTANCE OF 595.08 FEET TO A
195	197		1/2-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF A TRACT OF LAND
196	198		DESCRIBED IN DEED TO PAUL D. YATES AND WIFE, TINA Y. YATES, RECORDED
197	199		IN VOLUME 2447, PAGE 187, D.R.G.C.T.;
198	200		THENCE NORTH 00°53'40" WEST, A DISTANCE OF 240.03 FEET TO A
199	201		CALCULATED POINT IN THE SOUTH LINE OF SAID WALKER TRACT AT THE
200	202		NORTHEAST CORNER OF SAID YATES TRACT, FROM WHICH A 1/2-INCH IRON ROD
201	203		FOUND BEARS NORTH 00°53'40" WEST, A DISTANCE OF 0.40 FEET;
202	204		THENCE NORTH 89°08'11" EAST, ALONG THE COMMON LINE OF SAID WCH
203	205		FAMILY PARTNERSHIP TRACT AND SAID WALKER TRACT, PASSING A 5/8-INCH
204	206		IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR REFERENCE AT
205	207		A DISTANCE OF 1,726.26 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF
206	208		1,776.26 FEET TO A CALCULATED POINT FOR CORNER IN THE WEST PRONG OF
207	209		WHITES CREEK;
208	210		THENCE SOUTH 00°51'29" EAST, CONTINUING ALONG SAID COMMON
209	211		LINE AND SAID CREEK, A DISTANCE OF 21.30 FEET TO A CALCULATED POINT
210	212		AT THE MOST WESTERLY NORTHWEST CORNER OF LOT 16 OF THE REPLAT OF LOT
211	213		14 & PART OF LOTS 13 AND 15, HACKBERRY HEIGHTS, AN ADDITION TO
212	214		GRAYSON COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN
213	215		VOLUME 11, PAGE 23, P.R.G.C.T.;
214	216		THENCE SOUTH 02°01'10" WEST, LEAVING SAID COMMON LINE AND
215	217		CONTINUING ALONG SAID CREEK AND ALONG SAID WEST LINE, A DISTANCE OF
216	218		76.98 FEET TO A CALCULATED POINT FOR CORNER;
217	219		THENCE SOUTH 17°00'08" EAST, CONTINUING ALONG SAID CREEK AND
218	220		SAID WEST LINE, A DISTANCE OF 147.69 FEET TO A CALCULATED POINT FOR
219	221		CORNER;
220	222		THENCE NORTH 89°08'56" EAST, LEAVING SAID CREEK AND ALONG THE
221	223		SOUTH LINE OF SAID LOT 16, A DISTANCE OF 219.81 FEET TO A CALCULATED
222	224		POINT FOR CORNER IN THE APPROXIMATE CENTER OF A BRANCH OF SAID CREEK
223	225		AT THE NORTH CORNER OF LOT 13 OF HACKBERRY HEIGHTS PHASE TWO, AN
224	226		ADDITION TO GRAYSON COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF
225	227		RECORDED IN VOLUME 10, PAGE 92, P.R.G.C.T.;
226	228		THENCE SOUTH 23°54'50" WEST, ALONG SAID BRANCH AND THE WEST
227	229		LINE OF SAID HACKBERRY HEIGHTS PHASE TWO, A DISTANCE OF 108.98 FEET
228	230		TO A CALCULATED POINT FOR CORNER IN SAID WEST PRONG OF WHITES CREEK;
229	231		THENCE SOUTHERLY, ALONG SAID WEST PRONG, SAME BEING THE
230	232		COMMON LINE OF SAID WCH FAMILY PARTNERSHIP TRACT AND SAID HACKBERRY
231	233		HEIGHTS PHASE TWO, THE FOLLOWING FIFTEEN (15) COURSES AND
232	234		DISTANCES:
233	235		1. SOUTH 05 °37'51" WEST, A DISTANCE OF 162.05 FEET TO A
234	236		CALCULATED POINT FOR CORNER;
235	237		2. SOUTH 17°32'07" EAST, A DISTANCE OF 134.22 FEET TO A
236	238		CALCULATED POINT FOR CORNER;
237	239		3. SOUTH 10°29'21" WEST, A DISTANCE OF 65.27 FEET TO A
238	240		CALCULATED POINT FOR CORNER;
239	241		4. SOUTH 42°00'02" EAST, A DISTANCE OF 60.19 FEET TO A
240	242		CALCULATED POINT FOR CORNER;
241	243		5. NORTH 62°06'14" EAST, A DISTANCE OF 43.26 FEET TO A
242	244		CALCULATED POINT FOR CORNER;
243	245		6. NORTH 03°18'47" EAST, A DISTANCE OF 56.58 FEET TO A
244	246		CALCULATED POINT FOR CORNER;
245	247		7. NORTH 59°29'48" EAST, A DISTANCE OF 117.66 FEET TO A
246	248		CALCULATED POINT FOR CORNER;
247	249		8. SOUTH 01°37'31" WEST, A DISTANCE OF 481.14 FEET TO A
248	250		CALCULATED POINT FOR CORNER;
249	251		9. SOUTH 53°49'07" WEST, A DISTANCE OF 198.83 FEET TO A
250	252		CALCULATED POINT FOR CORNER;
251	253		10. NORTH 69°18'14" WEST, A DISTANCE OF 113.04 FEET TO A
252	254		CALCULATED POINT FOR CORNER;
253	255		11. NORTH 29°21'52" WEST, A DISTANCE OF 124.86 FEET TO A
254	256		CALCULATED POINT FOR CORNER;
255	257		12. SOUTH 36°44'06" WEST, A DISTANCE OF 88.97 FEET TO A
256	258		CALCULATED POINT FOR CORNER;
257	259		13. SOUTH 65°01'56" EAST, A DISTANCE OF 40.98 FEET TO A
258	260		CALCULATED POINT FOR CORNER;
259	261		14. SOUTH 27°31'46" EAST, A DISTANCE OF 196.90 FEET TO A
260	262		CALCULATED POINT FOR CORNER;
261	263		15. SOUTH 41°45'29" WEST, A DISTANCE OF 127.35 FEET TO A
262	264		CALCULATED POINT AT THE MOST SOUTHERLY NORTHWEST CORNER
263	265		OF LOT 16 OF SAID HACKBERRY HEIGHTS PHASE TWO AND THE
264	266		NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO
265	267		BRIGGS LIVING TRUST, RECORDED IN VOLUME 3204, PAGE 646,
266	268		D.R.G.C.T.;
267	269		THENCE SOUTHWESTERLY, ALONG THE APPROXIMATE CENTER OF SAID
268	270		WEST PRONG, SAME BEING THE COMMON LINE OF SAID WCH FAMILY
269	271		PARTNERSHIP TRACT AND SAID BRIGGS LIVING TRUST TRACT, THE FOLLOWING
270	272		THIRTY- THREE (33) COURSES AND DISTANCES:
271	273		1. SOUTH 71°32'08" WEST, A DISTANCE OF 78.07 FEET TO A
272	274		CALCULATED POINT FOR CORNER;
273	275		2. NORTH 84°23'14" WEST, A DISTANCE OF 91.09 FEET TO A
274	276		CALCULATED POINT FOR CORNER;
275	277		3. SOUTH 85°15'30" WEST, A DISTANCE OF 30.10 FEET TO A
276	278		CALCULATED POINT FOR CORNER;
277	279		4. SOUTH 62°11'39" WEST, A DISTANCE OF 41.25 FEET TO A
278	280		CALCULATED POINT FOR CORNER;
279	281		5. SOUTH 04°28'27" WEST, A DISTANCE OF 34.86 FEET TO A
280	282		CALCULATED POINT FOR CORNER;
281	283		6. SOUTH 09°39'18" EAST, A DISTANCE OF 37.43 FEET TO A
282	284		CALCULATED POINT FOR CORNER;
283	285		7. SOUTH 54°53'18" EAST, A DISTANCE OF 19.07 FEET TO A
284	286		CALCULATED POINT FOR CORNER;
285	287		8. NORTH 66°44'16" EAST, A DISTANCE OF 15.43 FEET TO A
286	288		CALCULATED POINT FOR CORNER;
287	289		9. SOUTH 68°06'44" EAST, A DISTANCE OF 30.52 FEET TO A
288	290		CALCULATED POINT FOR CORNER;
289	291		10. SOUTH 62°01'54" EAST, A DISTANCE OF 33.64 FEET TO A
290	292		CALCULATED POINT FOR CORNER;
291	293		11. SOUTH 34°19'34" EAST, A DISTANCE OF 53.12 FEET TO A
292	294		CALCULATED POINT FOR CORNER;
293	295		12. SOUTH 02°52'27" EAST, A DISTANCE OF 28.55 FEET TO A
294	296		CALCULATED POINT FOR CORNER;
295	297		13. SOUTH 42°01'01" WEST, A DISTANCE OF 38.44 FEET TO A
296	298		CALCULATED POINT FOR CORNER;
297	299		14. SOUTH 69°56'13" WEST, A DISTANCE OF 128.54 FEET TO A
298	300		CALCULATED POINT FOR CORNER;
299	301		15. SOUTH 83°04'08" WEST, A DISTANCE OF 53.04 FEET TO A
300	302		CALCULATED POINT FOR CORNER;
301	303		16. NORTH 41°44'15" WEST, A DISTANCE OF 122.78 FEET TO A
302	304		CALCULATED POINT FOR CORNER;
303	305		17. NORTH 81°21'43" WEST, A DISTANCE OF 13.51 FEET TO A
304	306		CALCULATED POINT FOR CORNER;
305	307		18. SOUTH 76°55'42" WEST, A DISTANCE OF 11.79 FEET TO A
306	308		CALCULATED POINT FOR CORNER;
307	309		19. SOUTH 65°12'40" WEST, A DISTANCE OF 29.57 FEET TO A
308	310		CALCULATED POINT FOR CORNER;
309	311		20. SOUTH 33°03'38" WEST, A DISTANCE OF 42.81 FEET TO A
310	312		CALCULATED POINT FOR CORNER;
311	313		21. SOUTH 10°00'47" WEST, A DISTANCE OF 11.45 FEET TO A
312	314		CALCULATED POINT FOR CORNER;
313	315		22. SOUTH 16°36'13" EAST, A DISTANCE OF 12.00 FEET TO A
314	316		CALCULATED POINT FOR CORNER;
315	317		23. SOUTH 43°21'35" EAST, A DISTANCE OF 19.22 FEET TO A
316	318		CALCULATED POINT FOR CORNER;
317	319		24. SOUTH 23°19'51" EAST, A DISTANCE OF 15.43 FEET TO A
318	320		CALCULATED POINT FOR CORNER;
319	321		25. SOUTH 04°42'58" WEST, A DISTANCE OF 17.64 FEET TO A
320	322		CALCULATED POINT FOR CORNER;
321	323		26. SOUTH 22°18'01" WEST, A DISTANCE OF 25.94 FEET TO A
322	324		CALCULATED POINT FOR CORNER;
323	325		27. SOUTH 54°52'25" WEST, A DISTANCE OF 35.73 FEET TO A
324	326		CALCULATED POINT FOR CORNER;
325	327		28. SOUTH 62°47'42" WEST, A DISTANCE OF 33.74 FEET TO A
326	328		CALCULATED POINT FOR CORNER;
327	329		29. SOUTH 14°24'32" WEST, A DISTANCE OF 24.78 FEET TO A
328	330		CALCULATED POINT FOR CORNER;
329	331		30. SOUTH 05°50'31" EAST, A DISTANCE OF 36.58 FEET TO A
330	332		CALCULATED POINT FOR CORNER;
331	333		31. SOUTH 06°48'15" EAST, A DISTANCE OF 61.82 FEET TO A
332	334		CALCULATED POINT FOR CORNER;
333	335		32. SOUTH 44°48'52" EAST, A DISTANCE OF 37.81 FEET TO A
334	336		CALCULATED POINT FOR CORNER;
335	337		33. SOUTH 25°16'42" EAST, A DISTANCE OF 16.01 FEET TO A
336	338		CALCULATED POINT FOR CORNER;
337	339		THENCE SOUTH 88°50'56" WEST, LEAVING SAID WEST PRONG AND
338	340		CONTINUING ALONG THE COMMON LINE OF SAID WCH FAMILY PARTNERSHIP
339	341		TRACT AND SAID BRIGGS LIVING TRUST TRACT, PASSING A 5/8-INCH IRON
340	342		ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR REFERENCE AT A
341	343		DISTANCE OF 50.00 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF
342	344		354.36 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS
343	345		5674" SET FOR CORNER NEAR A FENCE CORNER POST;
344	346		THENCE SOUTH 07°35'56" WEST, A DISTANCE OF 599.94 FEET TO A
345	347		DEAD BOIS D'ARC TREE FOUND FOR CORNER;
346	348		THENCE NORTH 80°08'23" WEST, PASSING AT A DISTANCE OF 748.66
347	349		FEET A 1/2-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF A TRACT OF
348	350		LAND DESCRIBED IN DEED TO GEORGE M. KERNS AND WIFE, DIANA SUE KERNS,
349	351		RECORDED IN VOLUME 1304, PAGE 793, D.R.G.C.T., PASSING AGAIN AT A
350	352		DISTANCE OF 1119.45 FEET A WOOD FENCE POST FOUND AT THE CALLED
351	353		NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO RICKFORD B.
352	354		STILL AND MARTHA A. STILL, RECORDED IN VOLUME 3435, PAGE 152,
353	355		D.R.G.C.T., AND CONTINUING FOR A TOTAL DISTANCE OF 1,120.62 FEET TO
354	356		A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE
355	357		MOST SOUTHERLY SOUTHWEST CORNER OF SAID KERNS TRACT;
356	358		THENCE SOUTH 00°26'09" WEST, PASSING A 1/2-INCH IRON ROD FOUND
357	359		AT A DISTANCE OF 2.64 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF
358	360		469.12 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS
359	361		5674" SET AT THE SOUTHEAST CORNER OF SAID WCH FAMILY PARTNERSHIP
360	362		TRACT, FROM WHICH A 1/2- INCH IRON ROD FOUND WITH A CAP STAMPED
361	363		"SARTIN 3694" BEARS NORTH 83°16'09" EAST, A DISTANCE OF 3.65 FEET;
362	364		THENCE SOUTH 88°27'06" WEST, A DISTANCE OF 118.91 FEET TO A
363	365		PK-NAIL FOUND IN MAJORS ROAD AT THE SOUTH COMMON CORNER OF SAID WCH
364	366		FAMILY PARTNERSHIP TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO
365	367		BILLY WAYNE TURNER, RECORDED IN INSTRUMENT NO. 2017-00006509,
366	368		D.R.G.C.T.;
367	369		THENCE NORTH 40°07'29" WEST, ALONG SAID MAJORS ROAD AND THE
368	370		COMMON LINE OF SAID WCH PARTNERSHIP TRACT AND SAID TURNER TRACT, A
369	371		DISTANCE OF 376.00 FEET TO A MAG NAIL SET FOR CORNER IN SAID MAJORS
370	372		ROAD;
371	373		THENCE NORTH 24°15'14" WEST, LEAVING THE COMMON LINE OF SAID
372	374		WCH FAMILY PARTNERSHIP TRACT AND SAID TURNER TRACT, A DISTANCE OF
373	375		215.66 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS
374	376		5674" SET FOR CORNER ON THE WESTERLY SIDE OF SAID MAJORS ROAD;
375	377		THENCE NORTH 00°03'20" WEST, CONTINUING ALONG SAID WEST SIDE
376	378		OF MAJORS ROAD, A DISTANCE OF 206.05 FEET TO A 1/2-INCH IRON ROD
377	379		FOUND AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID KERNS TRACT;
378	380		THENCE NORTH 01°09'57" EAST, CONTINUING ALONG SAID WEST SIDE
379	381		OF MAJORS ROAD AND PASSING AT A DISTANCE OF 50.95 FEET THE NORTHWEST
380	382		CORNER OF SAID KERNS TRACT, PASSING AGAIN AT A DISTANCE OF 170.27
381	383		FEET A 1/2-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF A TRACT
382	384		OF LAND DESCRIBED IN DEED TO LC. ACHIMON AND WIFE DONNITA ACHIMON,
383	385		RECORDED IN VOLUME 2697, PAGE 690, D.R.G.C.T. AND A TRACT OF LAND
384	386		DESCRIBED IN DEED TO DEANNA M. BUNCH, RECORDED IN VOLUME 4588, PAGE
385	387		799, D.R.G.C.T., AND CONTINUING ALONG THE COMMON LINE OF SAID WCH
386	388		FAMILY PARTNERSHIP TRACT AND SAID BUNCH TRACT FOR A TOTAL DISTANCE
387	389		OF 550.82 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED
388	390		"RPLS 5674" SET AT THE NORTHWEST CORNER OF SAID WCH FAMILY
389	391		PARTNERSHIP TRACT RECORDED IN VOLUME 5188, PAGE 153;
390	392		THENCE NORTH 89°43'01" EAST, LEAVING THE COMMON LINE OF SAID
391	393		WCH FAMILY PARTNERSHIP TRACT AND SAID BUNCH TRACT, A DISTANCE OF
392	394		22.30 FEET TO A MAG NAIL SET NEAR THE APPROXIMATE CENTERLINE OF SAID
393	395		MAJORS ROAD AT THE SOUTHWEST CORNER OF SAID WCH FAMILY PARTNERSHIP
394	396		TRACT RECORDED IN 5188, PAGE 159;
395	397		THENCE NORTH 00°12'54" EAST, ALONG SAID APPROXIMATE
396	398		CENTERLINE, A DISTANCE OF 1,312.29 FEET TO THE POINT OF BEGINNING
397	399		AND CONTAINING 5,517,945 SQUARE FEET OR 126.675 ACRES OF LAND, MORE
398	400		OR LESS.
399	401		SAVE AND EXCEPT:
400	402		BEING A TRACT OF LAND LOCATED IN THE SAMUEL PRUITT SURVEY,
401	403		ABSTRACT NO. 956, GRAYSON COUNTY, TEXAS AND BEING ALL OF A TRACT OF
402	404		LAND DESCRIBED IN DEED TO GEORGE M. KERNS AND WIFE, DIANA SUE KERNS,
403	405		RECORDED IN VOLUME 1304, PAGE 793, DEED RECORDS, GRAYSON COUNTY,
404	406		TEXAS (D.R.G.C.T.) AND BEING MORE PARTICULARLY DESCRIBED AS
405	407		FOLLOWS:
406	408		BEGINNING AT A 1/2-INCH IRON ROD FOUND ON THE WEST SIDE OF
407	409		MAJORS ROAD AT THE NORTHWEST CORNER OF SAID KERNS TRACT AND THE MOST
408	410		WESTERLY SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO
409	411		WCH FAMILY PARTNERSHIP, LTD., RECORDED IN VOLUME 5188, PAGE 153,
410	412		D.R.G.C.T.;
411	413		THENCE SOUTH 81°42'03" EAST, ALONG THE COMMON LINE OF SAID
412	414		KERNS TRACT AND SAID WCH FAMILY PARTNERSHIP TRACT, A DISTANCE OF
413	415		864.10 FEET TO A CALCULATED POINT FOR CORNER;
414	416		THENCE SOUTH 09°51'07" WEST, CONTINUING ALONG SAID COMMON
415	417		LINE AND PASSING A 1/2-INCH IRON ROD FOUND AT A DISTANCE OF 210.52
416	418		FEET, AND CONTINUING FOR A TOTAL DISTANCE OF 210.88 FEET TO A
417	419		CALCULATED POINT AT THE SOUTH COMMON CORNER OF SAID KERNS TRACT AND
418	420		SAID WCH FAMILY PARTNERSHIP TRACT;
419	421		THENCE NORTH 80°08'23" WEST, LEAVING SAID COMMON LINE AND
420	422		ALONG THE SOUTH LINE OF SAID KERNS TRACT, PASSING AT A DISTANCE OF
421	423		370.79 FEET A WOOD FENCE POST FOUND AT THE CALLED NORTHWEST CORNER
422	424		OF A TRACT OF LAND DESCRIBED IN DEED TO RICKFORD B. STILL AND MARTHA
423	425		A. STILL, RECORDED IN VOLUME 3435, PAGE 152, D.R.G.C.T., AND
424	426		CONTINUING FOR A TOTAL DISTANCE OF 371.96 FEET TO A 5/8-INCH IRON
425	427		ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET IN THE EAST LINE OF A
426	428		SECOND TRACT DESCRIBED IN SAID DEED TO WCH FAMILY PARTNERSHIP TRACT
427	429		AT THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID KERNS TRACT;
428	430		THENCE NORTH 01°17'18" EAST, ALONG THE COMMON LINE OF SAID
429	431		KERNS TRACT AND SAID WCH FAMILY PARTNERSHIP TRACT, A DISTANCE OF
430	432		178.17 FEET TO A CALCULATED POINT FOR CORNER;
431	433		THENCE NORTH 85°02'11" WEST, CONTINUING ALONG SAID COMMON
432	434		LINE, A DISTANCE OF 459.27 FEET TO A 1/2-INCH IRON ROD FOUND ON THE
433	435		WEST SIDE OF MAJORS ROAD AT THE MOST WESTERLY SOUTHWEST CORNER OF
434	436		SAID KERNS TRACT;
435	437		THENCE NORTH 01°09'57" EAST, ALONG THE WEST LINE OF SAID KERNS
436	438		TRACT, A DISTANCE OF 50.95 FEET TO THE POINT OF BEGINNING AND
437	439		CONTAINING 96,752 SQUARE FEET OR 2.221 ACRES OF LAND, MORE OR LESS.
438	440		SECTION 3. (a) The legal notice of the intention to
439	441		introduce this Act, setting forth the general substance of this
440	442		Act, has been published as provided by law, and the notice and a
441	443		copy of this Act have been furnished to all persons, agencies,
442	444		officials, or entities to which they are required to be furnished
443	445		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
444	446		Government Code.
445	447		(b) The governor, one of the required recipients, has
446	448		submitted the notice and Act to the Texas Commission on
447	449		Environmental Quality.
448	450		(c) The Texas Commission on Environmental Quality has filed
449	451		its recommendations relating to this Act with the governor, the
450	452		lieutenant governor, and the speaker of the house of
451	453		representatives within the required time.
452	454		(d) All requirements of the constitution and laws of this
453	455		state and the rules and procedures of the legislature with respect
454	456		to the notice, introduction, and passage of this Act are fulfilled
455	457		and accomplished.
456	458		SECTION 4. (a) If this Act does not receive a two-thirds
457	459		vote of all the members elected to each house, Subchapter C, Chapter
458	460		7912A, Special District Local Laws Code, as added by Section 1 of
459	461		this Act, is amended by adding Section 7912A.0306 to read as
460	462		follows:
461	463		Sec. 7912A.0306. NO EMINENT DOMAIN POWER. The district may
462	464		not exercise the power of eminent domain.
463	465		(b) This section is not intended to be an expression of a
464	466		legislative interpretation of the requirements of Section 17(c),
465	467		Article I, Texas Constitution.
466	468		SECTION 5. This Act takes effect immediately if it receives
467	469		a vote of two-thirds of all the members elected to each house, as
468	470		provided by Section 39, Article III, Texas Constitution. If this
469	471		Act does not receive the vote necessary for immediate effect, this
470	472		Act takes effect September 1, 2021.
471		-	______________________________ ______________________________
472		-	President of the Senate Speaker of the House
473		-	I hereby certify that S.B. No. 2207 passed the Senate on
474		-	May 5, 2021, by the following vote: Yeas 31, Nays 0.
475		-	______________________________
476		-	Secretary of the Senate
477		-	I hereby certify that S.B. No. 2207 passed the House on
478		-	May 14, 2021, by the following vote: Yeas 106, Nays 39, two
479		-	present not voting.
480		-	______________________________
481		-	Chief Clerk of the House
482		-	Approved:
483		-	______________________________
484		-	Date
485		-	______________________________
486		-	Governor