Texas 2021 - 87th Regular

Texas Senate Bill SB2240 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R20434 MP-F
1	2		By: Springer S.B. No. 2240
2		-	(In the Senate - Filed April 29, 2021; May 3, 2021, read
3		-	first time and referred to Committee on Local Government;
4		-	May 19, 2021, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; May 19, 2021,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 2240 By: Springer
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the creation of the High Pointe Ranch Municipal Utility
14		-	District No. 1 of Denton County; granting a limited power of
15		-	~~eminent~~ domain; providing authority to issue bonds; providing
16		-	~~authority to~~ impose assessments, fees, and taxes.
	8	+	District No. 1 of Denton County; granting a limited power of eminent
	9	+	domain; providing authority to issue bonds; providing authority to
	10	+	impose assessments, fees, and taxes.
17	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
19	13		Code, is amended by adding Chapter 7919A to read as follows:
20	14		CHAPTER 7919A. HIGH POINTE RANCH MUNICIPAL UTILITY DISTRICT NO. 1
21	15		OF DENTON COUNTY
22	16		SUBCHAPTER A. GENERAL PROVISIONS
23	17		Sec. 7919A.0101. DEFINITIONS. In this chapter:
24	18		(1) "Board" means the district's board of directors.
25	19		(2) "Commission" means the Texas Commission on
26	20		Environmental Quality.
27	21		(3) "City" means the City of Aubrey, Texas;
28	22		(4) "Director" means a board member.
29	23		(5) "District" means the High Pointe Ranch Municipal
30	24		Utility District No. 1 of Denton County.
31	25		Sec. 7919A.0102. NATURE OF DISTRICT. The district is a
32	26		municipal utility district created under Section 59, Article XVI,
33	27		Texas Constitution.
34	28		Sec. 7919A.0103. CONFIRMATION AND DIRECTOR ELECTION
35	29		REQUIRED. The temporary directors shall hold an election to
36	30		confirm the creation of the district as provided by Section 49.102,
37	31		Water Code.
38	32		Sec. 7919A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
39	33		temporary directors may not hold an election under Section
40	34		7919A.0103 until each municipality in whose corporate limits or
41	35		extraterritorial jurisdiction the district is located has
42	36		consented by ordinance or resolution to the creation of the
43	37		district and to the inclusion of land in the district.
44	38		Sec. 7919A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
45	39		(a) The district is created to serve a public purpose and benefit.
46	40		(b) The district is created to accomplish the purposes of:
47	41		(1) a municipal utility district as provided by
48	42		general law and Section 59, Article XVI, Texas Constitution; and
49	43		(2) Section 52, Article III, Texas Constitution, that
50	44		relate to the construction, acquisition, improvement, operation,
51	45		or maintenance of macadamized, graveled, or paved roads, or
52	46		improvements, including storm drainage, in aid of those roads.
53	47		Sec. 7919A.0106. INITIAL DISTRICT TERRITORY. (a) The
54	48		district is initially composed of the territory described by
55	49		Section 2 of the Act enacting this chapter.
56	50		(b) The boundaries and field notes contained in Section 2 of
57	51		the Act enacting this chapter form a closure. A mistake made in the
58	52		field notes or in copying the field notes in the legislative process
59	53		does not affect the district's:
60	54		(1) organization, existence, or validity;
61	55		(2) right to issue any type of bond for the purposes
62	56		for which the district is created or to pay the principal of and
63	57		interest on a bond;
64	58		(3) right to impose a tax; or
65	59		(4) legality or operation.
66	60		SUBCHAPTER B. BOARD OF DIRECTORS
67	61		Sec. 7919A.0201. GOVERNING BODY; TERMS. (a) The district
68	62		is governed by a board of five directors who serve staggered terms
69	63		of four years, with two or three directors' terms expiring June 1 of
70	64		each even-numbered year.
71	65		(b) The governing body of the city, by a majority vote,
72	66		shall appoint one member of the board.
73	67		(c) The commission shall appoint four members of the board
74	68		in the manner provided by Section 7919A.0202.
75	69		Sec. 7919A.0202. APPOINTMENT BY COMMISSION. (a) Before
76	70		the term of a director appointed by the commission expires, the
77	71		board shall recommend to the commission a person to serve as a
78	72		successor director. The commission shall appoint as director the
79	73		person recommended by the board.
80	74		(b) A person recommended by the board under Subsection (a)
81	75		must be:
82	76		(1) at least 18 years of age;
83	77		(2) an owner of property in the district;
84	78		(3) an owner of stock, whether beneficial or
85	79		otherwise, of a corporate owner of property in the district;
86	80		(4) an owner of a beneficial interest in a trust that
87	81		owns property in the district; or
88	82		(5) an agent, employee, or tenant of a person
89	83		described by Subdivision (2), (3), or (4).
90	84		Sec. 7919A.0203. VACANCY. (a) Except as provided by
91	85		Subsection (b), if a vacancy occurs on the board, the remaining
92	86		directors shall appoint a director for the remainder of the
93	87		unexpired term.
94	88		(b) If a vacancy occurs in the position of the board member
95	89		appointed by the city, the city shall appoint a director for the
96	90		remainder of the unexpired term.
97	91		Sec. 7919A.0204. INITIAL DIRECTORS. (a) The initial
98	92		directors that will be replaced by appointment by the commission
99	93		are as follows:
100	94		(1) Clark Overlander;
101	95		(2) Justin Morse;
102	96		(3) Zach Stateson; and
103	97		(4) Michelle Dobson.
104	98		(b) The initial director that will be replaced by
105	99		appointment by the governing body of the city is Mark Kaiser.
106	100		(c) The initial directors shall determine by lot which two
107		-	positions expire ~~after two years~~, and which three positions expire
108		-	~~after four years~~.
109		-	(d) This section expires ~~March 31~~, ~~2026~~.
	101	+	positions expire June 1, 2022, and which three positions expire
	102	+	June 1, 2024.
	103	+	(d) This section expires January 1, 2025.
110	104		SUBCHAPTER C. POWERS AND DUTIES
111	105		Sec. 7919A.0301. GENERAL POWERS AND DUTIES. The district
112	106		has the powers and duties necessary to accomplish the purposes for
113	107		which the district is created.
114	108		Sec. 7919A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
115	109		DUTIES. The district has the powers and duties provided by the
116	110		general law of this state, including Chapters 49 and 54, Water Code,
117	111		applicable to municipal utility districts created under Section 59,
118	112		Article XVI, Texas Constitution.
119	113		Sec. 7919A.0303. AUTHORITY FOR ROAD PROJECTS. Under
120	114		Section 52, Article III, Texas Constitution, the district may
121	115		design, acquire, construct, finance, issue bonds for, improve,
122	116		operate, maintain, and convey to this state, a county, or a
123	117		municipality for operation and maintenance macadamized, graveled,
124	118		or paved roads, or improvements, including storm drainage, in aid
125	119		of those roads.
126	120		Sec. 7919A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
127	121		road project must meet all applicable construction standards,
128	122		zoning and subdivision requirements, and regulations of each
129	123		municipality in whose corporate limits or extraterritorial
130	124		jurisdiction the road project is located.
131	125		(b) If a road project is not located in the corporate limits
132	126		or extraterritorial jurisdiction of a municipality, the road
133	127		project must meet all applicable construction standards,
134	128		subdivision requirements, and regulations of each county in which
135	129		the road project is located.
136	130		(c) If the state will maintain and operate the road, the
137	131		Texas Transportation Commission must approve the plans and
138	132		specifications of the road project.
139	133		Sec. 7919A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
140	134		ORDINANCE OR RESOLUTION. The district shall comply with all
141	135		applicable requirements of any ordinance or resolution that is
142	136		adopted under Section 54.016 or 54.0165, Water Code, and that
143	137		consents to the creation of the district or to the inclusion of land
144	138		in the district.
145		-	Sec. 7919A.0306. DIVISION OF DISTRICT. (a) The district
	139	+	Sec. 7919A.0306. EFFECT OF ANNEXATION. Notwithstanding any
	140	+	other law, if all or any part of the territory of the district is
	141	+	annexed by the city into the city's corporate limits, the district
	142	+	retains all of the district's outstanding debt and obligations and
	143	+	is not dissolved.
	144	+	Sec. 7919A.0307. DIVISION OF DISTRICT. (a) The district
146	145		may be divided into two or more new districts only if the district:
147	146		(1) has no outstanding bonded debt; and
148	147		(2) is not imposing ad valorem taxes.
149	148		(b) This chapter applies to any new district created by
150	149		division of the district, and a new district has all the powers and
151	150		duties of the district.
152	151		(c) A new district created by the division of the district
153	152		may not, at the time the new district is created, contain any land
154	153		outside the area described by Section 2 of the Act enacting this
155	154		chapter.
156	155		(d) The board, on its own motion or on receipt of a petition
157	156		signed by the owner or owners of a majority of the assessed value of
158	157		the real property in the district, may adopt an order dividing the
159	158		district.
160	159		(e) The board may adopt an order dividing the district
161	160		before or after the date the board holds an election under Section
162	161		7919A.0103 to confirm the district's creation.
163	162		(f) An order dividing the district shall:
164	163		(1) name each new district;
165	164		(2) include the metes and bounds description of the
166	165		territory of each new district;
167	166		(3) appoint temporary directors for each new district;
168	167		and
169	168		(4) provide for the division of assets and liabilities
170	169		between the new districts.
171	170		(g) On or before the 30th day after the date of adoption of
172	171		an order dividing the district, the district shall file the order
173	172		with the commission and record the order in the real property
174	173		records of each county in which the district is located.
175	174		(h) A new district created by the division of the district
176	175		shall hold a confirmation and directors' election as required by
177	176		Section 7919A.0103. If the voters of a new district do not confirm
178	177		the creation of the new district, the assets, obligations,
179	178		territory, and governance of the new district revert to the
180	179		original district.
181	180		(i) If the creation of the new district is confirmed, the
182	181		new district shall provide the election date and results to the
183	182		commission.
184	183		(j) A new district created by the division of the district
185	184		must hold an election as required by this chapter to obtain voter
186	185		approval before the district may impose a maintenance tax or issue
187	186		bonds payable wholly or partly from ad valorem taxes.
188	187		(k) Municipal consent to the creation of the district and to
189	188		the inclusion of land in the district granted under Section
190	189		7919A.0104 acts as municipal consent to the creation of any new
191	190		district created by the division of the district and to the
192	191		inclusion of land in the new district.
193	192		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
194	193		Sec. 7919A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
195	194		The district may issue, without an election, bonds and other
196	195		obligations secured by:
197	196		(1) revenue other than ad valorem taxes; or
198	197		(2) contract payments described by Section
199	198		7919A.0403.
200	199		(b) The district must hold an election in the manner
201	200		provided by Chapters 49 and 54, Water Code, to obtain voter approval
202	201		before the district may impose an ad valorem tax or issue bonds
203	202		payable from ad valorem taxes.
204	203		(c) The district may not issue bonds payable from ad valorem
205	204		taxes to finance a road project unless the issuance is approved by a
206	205		vote of a two-thirds majority of the district voters voting at an
207	206		election held for that purpose.
208	207		Sec. 7919A.0402. OPERATION AND MAINTENANCE TAX. (a) If
209	208		authorized at an election held under Section 7919A.0401, the
210	209		district may impose an operation and maintenance tax on taxable
211	210		property in the district in accordance with Section 49.107, Water
212	211		Code.
213	212		(b) The board shall determine the tax rate. The rate may not
214	213		exceed the rate approved at the election.
215	214		Sec. 7919A.0403. CONTRACT TAXES. (a) In accordance with
216	215		Section 49.108, Water Code, the district may impose a tax other than
217	216		an operation and maintenance tax and use the revenue derived from
218	217		the tax to make payments under a contract after the provisions of
219	218		the contract have been approved by a majority of the district voters
220	219		voting at an election held for that purpose.
221	220		(b) A contract approved by the district voters may contain a
222	221		provision stating that the contract may be modified or amended by
223	222		the board without further voter approval.
224	223		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
225	224		Sec. 7919A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
226	225		OBLIGATIONS. The district may issue bonds or other obligations
227	226		payable wholly or partly from ad valorem taxes, impact fees,
228	227		revenue, contract payments, grants, or other district money, or any
229	228		combination of those sources, to pay for any authorized district
230	229		purpose.
231	230		Sec. 7919A.0502. TAXES FOR BONDS. At the time the district
232	231		issues bonds payable wholly or partly from ad valorem taxes, the
233	232		board shall provide for the annual imposition of a continuing
234	233		direct ad valorem tax, without limit as to rate or amount, while all
235	234		or part of the bonds are outstanding as required and in the manner
236	235		provided by Sections 54.601 and 54.602, Water Code.
237	236		Sec. 7919A.0503. BONDS FOR ROAD PROJECTS. At the time of
238	237		issuance, the total principal amount of bonds or other obligations
239	238		issued or incurred to finance road projects and payable from ad
240	239		valorem taxes may not exceed one-fourth of the assessed value of the
241	240		real property in the district.
242	241		SECTION 2. The High Pointe Ranch Municipal Utility District
243	242		No. 1 of Denton County initially includes all the territory
244	243		contained in the following area:
245	244		HIGH POINTE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 - TRACT 1
246	245		OF a 357.445 acres tract of land out of the Francisco Trevino
247	246		Survey, Abstract No. 1243, Denton County, Texas; being all of a
248	247		certain 229.479 acres tract (Tract 1), a 32.8 acres tract (Tract 2)
249	248		and a 29.885 acres tract (Tract 3), all described in Volume 4257,
250	249		Page 1101, Document No. 99-0004597 of the Deed Records of Denton
251	250		County, Texas; also being all of a certain 6.874 acres tract
252	251		described in Volume 4574, Page 1528, Document No. 00-000036697 and
253	252		all of a certain 57.6071 acres tract described in Volume 4483, Page
254	253		133, Document No. 99-000123273, both in the Deed Records of Denton
255	254		County, Texas; and being further described by metes and bounds as
256	255		follows:
257	256		BEGINNING at a set "PK" nail in Blackjack Road (paved) and in the
258	257		southeast right of way line of U.S. Highway No. 377 and in the
259	258		recognized north line of said Francisco Trevino Survey and at the
260	259		northwest corner of said 32.8 acres tract for the most northerly
261	260		northwest and beginning corner of this tract. Whence the recognized
262	261		southwest corner of the Thomas Chambers Survey, Abstract No. 223
263	262		bears South 87°12'41" East 60.40 feet.
264	263		THENCE South 87°12'41" East at 60.40 feet pass a "PK" nail at the
265	264		southwest corner of a certain 6.164 acres tract (Tract 5) described
266	265		in said Volume 4257, Page 1101 and in all 1160.06 feet along said
267	266		Blackjack Road to a found "PK" nail at the southeast corner of said
268	267		6.164 acres tract for a corner of this tract.
269	268		THENCE South 88°09'42" East 505.03 feet to a set "PK" nail in said
270	269		Blackjack Road for a corner of this tract.
271	270		THENCE South 89°21'04" East 1356.90 feet to a set "PK" nail in said
272	271		Blackjack Road for the northeast corner of this tract.
273	272		THENCE South 01°40'27" West at 20.69 feet pass a 4" steel post in the
274	273		south line of said Blackjack Road and in all 2322.77 feet to a set
275	274		capped 1/2" iron rod for the most easterly southeast corner of this
276	275		tract.
277	276		THENCE South 89°35'01" West at 250.28 feet pass a found capped 1/2"
278	277		iron rod at the northeast corner of a certain 27.104 acres tract
279	278		described in Document No. 96-000070599 and in all 1539.46 feet to a
280	279		found 1/2" iron pipe at the northwest corner of a certain 27.600
281	280		acres tract described in Document No. 96-000070600 for an ell
282	281		corner of this tract.
283	282		THENCE South 00°10'39" East 956.88 feet to a set capped 1/2" iron rod
284	283		in the west line of said 27.600 acres tract for a corner of this
285	284		tract.
286	285		THENCE South 00°56'07" West 1132.15 feet to a set capped 1/2" iron
287	286		rod in the north right of way line of F.M. Highway No. 428 and at the
288	287		southwest corner of said 27.600 acres tract for the most southerly
289	288		southeast corner of this tract.
290	289		THENCE along the north right of way line of said F.M. Highway
291	290		No. 428 the following courses and distances:
292	291		● South 71°34'50" West 144.40 feet to a set capped 1/2" iron
293	292		rod;
294	293		● Westerly along the arc of a 07 deg. 21 min. 35 sec.
295	294		non-tangent curve to the right having a radius of 778.51 feet, a
296	295		central angle of 18 deg. 46 min. 14 sec., a chord of South 82°46'29"
297	296		West 253.91 feet and an arc length of 255.05 feet to a set capped
298	297		1/2" iron rod;
299	298		● South 88°45'46" West 378.48 feet to a set capped 1/2" iron
300	299		rod;
301	300		● South 89°36'06" West 1349.02 feet to a set capped 1/2" iron
302	301		rod;
303	302		● And South 89°52'21" West 1364.91 feet to a set capped 1/2"
304	303		iron rod in the southeast right of way line of said U.S. Highway
305	304		No. 377 for the most southerly southwest corner of this tract;
306	305		THENCE North 32°23'53" West 213.57 feet along the southeast right of
307	306		way line of said U.S. Highway 377 to a wood right of way marker for
308	307		the most westerly southwest corner of this tract.
309	308		THENCE North 25°19'53" East 4804.08 feet along the southeast right
310	309		of way line of said U.S. Highway No. 377 to a set capped 1/2" iron
311	310		rod for the most westerly northwest corner of this tract.
312	311		THENCE North 59°03'36" East at 101.21 feet pass a set 1/2" iron rod
313	312		and in all 166.34 feet to the POINT OF BEGINNING and containing
314	313		357.445 acres of land, more or less.
315	314		HIGH POINTE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 - TRACT 2
316	315		BEING a tract of land situated in the F. Trevino Survey, Abstract
317	316		No. 1243, Denton County, Texas, and being all of a called 61.667
318	317		acre tract of land described in a General Warranty Deed to Betsy
319	318		Turner, as recorded in Instrument No. 97-0010270 of the Official
320	319		Records of Denton County, Texas, and being more particularly
321	320		described as follows:
322	321		BEGINNING at a mag nail set for the northeast corner of said 61.667
323	322		acre tract, common to the northwest corner of a called 41.640 acre
324	323		tract of land described in a deed to Michael Ray Self and spouse,
325	324		Hannah Carter Self, as recorded in Instrument No. 2020-72317 of the
326	325		Official Records of Denton County, Texas, being on the southerly
327	326		line of Tract I described in a deed to LTR Dressage, LLC, as
328	327		recorded in Instrument No. 2012-60776 of the Official Records of
329	328		Denton County, Texas, and in the centerline of Black Jack Road, a
330	329		variable width right-of-way, no record found;
331	330		THENCE South 0°37'22" West, departing the southerly line of said
332	331		Tract I and the centerline of said Black Jack Road, along the
333	332		easterly line of said 61.667 acre tract and the westerly line of
334	333		said 41.640 acre tract, a distance of 2297.48 feet to a 5/8 inch
335	334		iron rod with plastic cap stamped "KHA" set for the southeast corner
336	335		of said 61.667 acre tract, common to the southwest corner of said
337	336		41.640 acre tract, being on the northerly line of a called 94.58
338	337		acre tract of land described in a deed to Robert J. Houlihan,
339	338		Trustee of the Jacqueline A. Houlihan Family Trust, as recorded in
340	339		Instrument No. 2015-75670 of the Official Records of Denton County,
341	340		Texas;
342	341		THENCE South 89°33'30" West, along the southerly line of said 61.667
343	342		acre tract, the northerly line of said 94.58 acre tract and the
344	343		northerly line of a called 5.000 acre tract of land described in a
345	344		deed to Robert J. Houlihan, as recorded in Instrument
346	345		No. 2015-75669 of the Official Records of Denton County, Texas, a
347	346		distance of 1184.22 feet to a 5/8 inch iron rod with plastic cap
348	347		stamped "KHA" set for the southwest corner of said 61.667 acre
349	348		tract, being on the easterly line of a called 166.34 acre tract of
350	349		land described in a deed to ALW 377, LLC, as recorded in Instrument
351	350		No. 2018-78707 of the Official Records of Denton County, Texas;
352	351		THENCE North 1°40'23" East, departing the northerly line of said
353	352		94.58 acre tract, along the westerly line of said 61.667 acre tract
354	353		and the easterly line of said 166.34 acre tract, a distance of
355	354		2319.56 feet to a 1 inch iron pipe found for the northwest corner of
356	355		said 61.667 acre tract, common to the northeast corner of said
357	356		166.34 acre tract, being on the southerly line of a called 37.115
358	357		acre tract of land described in a deed to Calvin Paul Redfearn, as
359	358		recorded in Instrument No. 2014-96676 of the Official Records of
360	359		Denton County, Texas, and in the middle of Black Jack Road;
361	360		THENCE South 89°23'35" East, along the northerly line of said 61.667
362	361		acre tract, the southerly line of said 37.115 acre tract, the
363	362		southerly line of a called 20.236 acre tract of land described in a
364	363		deed to Gary Conway and Debbie Conway, as recorded in Instrument
365	364		No. 2019-158825 of the Official Records of Denton County, Texas,
366	365		and the southerly line of said Tract I, a distance of 1141.49 feet
367	366		to the POINT OF BEGINNING and containing 61.611 acres (2,683,778
368	367		square feet) of land, more or less.
369	368		HIGH POINTE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 - TRACT 3
370	369		BEING a tract of land situated in the F. Trevino Survey, Abstract
371	370		No. 1243, Denton County, Texas, and being all of a called 41.640
372	371		acre tract of land described in a Warranty Deed with Vendor's Lien
373	372		to Michael Ray Self and spouse, Hannah Carter Self, as recorded in
374	373		Instrument No. 2020-72317 of the Official Records of Denton County,
375	374		Texas, and being more particularly described as follows:
376	375		BEGINNING at a mag nail set for the northwest corner of said 41.640
377	376		acre tract, common to the northeast corner of a called 61.667 acre
378	377		tract of land described in a deed to Betsy Turner, as recorded in
379	378		Instrument No. 97-0010270 of the Official Records of Denton County,
380	379		Texas, being on the southerly line of Tract I described in a deed to
381	380		LTR Dressage, LLC, as recorded in Instrument No. 2012-60776 of the
382	381		Official Records of Denton County, Texas, and in the centerline of
383	382		Black Jack Road, a variable width right-of-way, no record found;
384	383		THENCE South 89°10'02" East, along a northerly line of said 41.640
385	384		acre tract, the southerly line of said Tract I, the southerly line
386	385		of a called 22.380 acre tract of land described as Tract II in said
387	386		deed recorded in Instrument No. 2012-60776 of the Official Records
388	387		of Denton County, Texas, and the centerline of said Black Jack Road,
389	388		a distance of 570.47 feet to a 1 inch iron pipe found for the
390	389		northerly northeast corner of said 41.640 acre tract, common to the
391	390		northwest corner of a called 14.975 acre tract of land described in
392	391		a deed to K & T Swan Family Limited Partnership, L.P., as recorded
393	392		in Instrument No. 2017-78524 of the Official Records of Denton
394	393		County, Texas;
395	394		THENCE South 1°07'20" East, departing the southerly line of said
396	395		Tract II and the centerline of said Black Jack Road, along an
397	396		easterly line of said 41.640 acre tract and the westerly line of
398	397		said 14.975 acre tract, a distance of 1528.04 feet to a 1/2 inch
399	398		iron rod found for the southwest corner of said 14.975 acre tract,
400	399		common to an ell corner of said 41.640 acre tract;
401	400		THENCE South 89°22'10" East, along a northerly line of said 41.640
402	401		acre tract and the southerly line of said 14.975 acre tract, a
403	402		distance of 570.06 feet to a 3/8 inch iron rod found for the
404	403		southerly northeast corner of said 41.640 acre tract, common to the
405	404		southeast corner of said 14.975 acre tract;
406	405		THENCE South 1°04'44" East, along an easterly line of said 41.640
407	406		acre tract, a distance of 745.84 feet to a 1/2 inch iron pipe found
408	407		for the southeast corner of said 41.640 acre tract, common to the
409	408		northeast corner of a called 16.597 acre tract of land described in
410	409		a deed to Phillip J. Anton and wife, Karen M. Anton, as recorded in
411	410		Instrument No. 95-65740 of the Official Records of Denton County,
412	411		Texas;
413	412		THENCE South 89°33'30" West, along the southerly line of said 41.640
414	413		acre tract, the northerly line of said 16.597 acre tract, the
415	414		northerly line of a called 6.703 acre tract of land described in a
416	415		deed to Phillip John Anton and wife, Karen Marie Anton, as recorded
417	416		in Instrument No. 2005-92268 of the Official Records of Denton
418	417		County, Texas, and the northerly line of a called 94.58 acre tract
419	418		of land described in a deed to Robert J. Houlihan, Trustee of the
420	419		Jacqueline A. Houlihan Family Trust, as recorded in Instrument
421	420		No. 2015-75670 of the Official Records of Denton County, Texas, a
422	421		distance of 1209.41 feet to a 5/8 inch iron rod with plastic cap
423	422		stamped "KHA" set for the southwest corner of said 41.640 acre
424	423		tract, common to the southeast corner of aforesaid 61.667 acre
425	424		tract;
426	425		THENCE North 0°37'22" East, departing the northerly line of said
427	426		94.58 acre tract, along the westerly line of said 41.640 acre tract
428	427		and the easterly line of said 61.667 acre tract, a distance of
429	428		2297.48 feet to the POINT OF BEGINNING and containing 41.650 acres
430	429		(1,814,290 square feet) of land, more or less.
431	430		SECTION 3. (a) The legal notice of the intention to
432	431		introduce this Act, setting forth the general substance of this
433	432		Act, has been published as provided by law, and the notice and a
434	433		copy of this Act have been furnished to all persons, agencies,
435	434		officials, or entities to which they are required to be furnished
436	435		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
437	436		Government Code.
438	437		(b) The governor, one of the required recipients, has
439	438		submitted the notice and Act to the Texas Commission on
440	439		Environmental Quality.
441	440		(c) The Texas Commission on Environmental Quality has filed
442	441		its recommendations relating to this Act with the governor, the
443	442		lieutenant governor, and the speaker of the house of
444	443		representatives within the required time.
445	444		(d) All requirements of the constitution and laws of this
446	445		state and the rules and procedures of the legislature with respect
447	446		to the notice, introduction, and passage of this Act are fulfilled
448	447		and accomplished.
449	448		SECTION 4. (a) If this Act does not receive a two-thirds
450	449		vote of all the members elected to each house, Subchapter C, Chapter
451	450		7919A, Special District Local Laws Code, as added by Section 1 of
452		-	this Act, is amended by adding Section 7919A.~~0306~~ to read as
	451	+	this Act, is amended by adding Section 7919A.0308 to read as
453	452		follows:
454		-	Sec. 7919A.~~0306~~. NO EMINENT DOMAIN POWER. The district may
	453	+	Sec. 7919A.0308. NO EMINENT DOMAIN POWER. The district may
455	454		not exercise the power of eminent domain.
456	455		(b) This section is not intended to be an expression of a
457	456		legislative interpretation of the requirements of Section 17(c),
458	457		Article I, Texas Constitution.
459		-	SECTION 5. This this Act takes effect March 31, 2022.
460		-	* * * * *
	458	+	SECTION 5. This Act takes effect immediately if it receives
	459	+	a vote of two-thirds of all the members elected to each house, as
	460	+	provided by Section 39, Article III, Texas Constitution. If this
	461	+	Act does not receive the vote necessary for immediate effect, this
	462	+	Act takes effect September 1, 2021.