Texas 2023 - 88th Regular

Texas House Bill HB5310 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	H.B. No. 5310
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Tarrant County Municipal Utility
6	6	District No. 2; granting a limited power of eminent domain;
7	7	providing authority to issue bonds; providing authority to impose
8	8	assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8092 to read as follows:
12	12	CHAPTER 8092. TARRANT COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8092.0101. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means the Tarrant County Municipal
20	20	Utility District No. 2.
21	21	Sec. 8092.0102. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 8092.0103. CONFIRMATION AND DIRECTOR ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 8092.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section
30	30	8092.0103 until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district.
34	34	Sec. 8092.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	35	(a) The district is created to serve a public purpose and benefit.
36	36	(b) The district is created to accomplish the purposes of:
37	37	(1) a municipal utility district as provided by
38	38	general law and Section 59, Article XVI, Texas Constitution; and
39	39	(2) Section 52, Article III, Texas Constitution, that
40	40	relate to the construction, acquisition, improvement, operation,
41	41	or maintenance of macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 8092.0106. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act enacting this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act enacting this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	SUBCHAPTER B. BOARD OF DIRECTORS
57	57	Sec. 8092.0201. GOVERNING BODY; TERMS. (a) The district is
58	58	governed by a board of five elected directors.
59	59	(b) Except as provided by Section 8092.0202, directors
60	60	serve staggered four-year terms.
61	61	Sec. 8092.0202. TEMPORARY DIRECTORS. (a) The temporary
62	62	board consists of:
63	63	(1) William Christopher Vertin;
64	64	(2) Mattison Margaret Raiford;
65	65	(3) Crystal Maddalena;
66	66	(4) Parker Morgan; and
67	67	(5) Mitchell Henton.
68	68	(b) Temporary directors serve until the earlier of:
69	69	(1) the date permanent directors are elected under
70	70	Section 8092.0103; or
71	71	(2) the fourth anniversary of the effective date of
72	72	the Act enacting this chapter.
73	73	(c) If permanent directors have not been elected under
74	74	Section 8092.0103 and the terms of the temporary directors have
75	75	expired, successor temporary directors shall be appointed or
76	76	reappointed as provided by Subsection (d) to serve terms that
77	77	expire on the earlier of:
78	78	(1) the date permanent directors are elected under
79	79	Section 8092.0103; or
80	80	(2) the fourth anniversary of the date of the
81	81	appointment or reappointment.
82	82	(d) If Subsection (c) applies, the owner or owners of a
83	83	majority of the assessed value of the real property in the district
84	84	may submit a petition to the commission requesting that the
85	85	commission appoint as successor temporary directors the five
86	86	persons named in the petition. The commission shall appoint as
87	87	successor temporary directors the five persons named in the
88	88	petition.
89	89	SUBCHAPTER C. POWERS AND DUTIES
90	90	Sec. 8092.0301. GENERAL POWERS AND DUTIES. The district
91	91	has the powers and duties necessary to accomplish the purposes for
92	92	which the district is created.
93	93	Sec. 8092.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	94	DUTIES. The district has the powers and duties provided by the
95	95	general law of this state, including Chapters 49 and 54, Water Code,
96	96	applicable to municipal utility districts created under Section 59,
97	97	Article XVI, Texas Constitution.
98	98	Sec. 8092.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	99	52, Article III, Texas Constitution, the district may design,
100	100	acquire, construct, finance, issue bonds for, improve, operate,
101	101	maintain, and convey to this state, a county, or a municipality for
102	102	operation and maintenance macadamized, graveled, or paved roads, or
103	103	improvements, including storm drainage, in aid of those roads.
104	104	Sec. 8092.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	105	road project must meet all applicable construction standards,
106	106	zoning and subdivision requirements, and regulations of each
107	107	municipality in whose corporate limits or extraterritorial
108	108	jurisdiction the road project is located.
109	109	(b) If a road project is not located in the corporate limits
110	110	or extraterritorial jurisdiction of a municipality, the road
111	111	project must meet all applicable construction standards,
112	112	subdivision requirements, and regulations of each county in which
113	113	the road project is located.
114	114	(c) If the state will maintain and operate the road, the
115	115	Texas Transportation Commission must approve the plans and
116	116	specifications of the road project.
117	117	Sec. 8092.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	118	ORDINANCE OR RESOLUTION. The district shall comply with all
119	119	applicable requirements of any ordinance or resolution that is
120	120	adopted under Section 54.016 or 54.0165, Water Code, and that
121	121	consents to the creation of the district or to the inclusion of land
122	122	in the district.
123	123	Sec. 8092.0306. DIVISION OF DISTRICT. (a) The district may
124	124	be divided into two or more new districts only if the district:
125	125	(1) has no outstanding bonded debt; and
126	126	(2) is not imposing ad valorem taxes.
127	127	(b) This chapter applies to any new district created by the
128	128	division of the district, and a new district has all the powers and
129	129	duties of the district.
130	130	(c) Any new district created by the division of the district
131	131	may not, at the time the new district is created, contain any land
132	132	outside the area described by Section 2 of the Act enacting this
133	133	chapter.
134	134	(d) The board, on its own motion or on receipt of a petition
135	135	signed by the owner or owners of a majority of the assessed value of
136	136	the real property in the district, may adopt an order dividing the
137	137	district.
138	138	(e) The board may adopt an order dividing the district
139	139	before or after the date the board holds an election under Section
140	140	8092.0103 to confirm the district's creation.
141	141	(f) An order dividing the district shall:
142	142	(1) name each new district;
143	143	(2) include the metes and bounds description of the
144	144	territory of each new district;
145	145	(3) appoint temporary directors for each new district;
146	146	and
147	147	(4) provide for the division of assets and liabilities
148	148	between or among the new districts.
149	149	(g) On or before the 30th day after the date of adoption of
150	150	an order dividing the district, the district shall file the order
151	151	with the commission and record the order in the real property
152	152	records of each county in which the district is located.
153	153	(h) Any new district created by the division of the district
154	154	shall hold a confirmation and directors' election as required by
155	155	Section 8092.0103. If the voters of a new district do not confirm
156	156	the creation of the new district, the assets, obligations,
157	157	territory, and governance of the new district revert to the
158	158	original district.
159	159	(i) If the creation of the new district is confirmed, the
160	160	new district shall provide the election date and results to the
161	161	commission.
162	162	(j) Municipal consent to the creation of the district and to
163	163	the inclusion of land in the district granted under Section
164	164	8092.0104 acts as municipal consent to the creation of any new
165	165	district created by the division of the district and to the
166	166	inclusion of land in the new district.
167	167	(k) Any new district created by the division of the district
168	168	must hold an election as required by this chapter to obtain voter
169	169	approval before the district may impose a maintenance tax or issue
170	170	bonds payable wholly or partly from ad valorem taxes.
171	171	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
172	172	Sec. 8092.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
173	173	The district may issue, without an election, bonds and other
174	174	obligations secured by:
175	175	(1) revenue other than ad valorem taxes; or
176	176	(2) contract payments described by Section 8092.0403.
177	177	(b) The district must hold an election in the manner
178	178	provided by Chapters 49 and 54, Water Code, to obtain voter approval
179	179	before the district may impose an ad valorem tax or issue bonds
180	180	payable from ad valorem taxes.
181	181	(c) The district may not issue bonds payable from ad valorem
182	182	taxes to finance a road project unless the issuance is approved by a
183	183	vote of a two-thirds majority of the district voters voting at an
184	184	election held for that purpose.
185	185	Sec. 8092.0402. OPERATION AND MAINTENANCE TAX. (a) If
186	186	authorized at an election held under Section 8092.0401, the
187	187	district may impose an operation and maintenance tax on taxable
188	188	property in the district in accordance with Section 49.107, Water
189	189	Code.
190	190	(b) The board shall determine the tax rate. The rate may not
191	191	exceed the rate approved at the election.
192	192	Sec. 8092.0403. CONTRACT TAXES. (a) In accordance with
193	193	Section 49.108, Water Code, the district may impose a tax other than
194	194	an operation and maintenance tax and use the revenue derived from
195	195	the tax to make payments under a contract after the provisions of
196	196	the contract have been approved by a majority of the district voters
197	197	voting at an election held for that purpose.
198	198	(b) A contract approved by the district voters may contain a
199	199	provision stating that the contract may be modified or amended by
200	200	the board without further voter approval.
201	201	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
202	202	Sec. 8092.0501. AUTHORITY TO ISSUE BONDS AND OTHER
203	203	OBLIGATIONS. The district may issue bonds or other obligations
204	204	payable wholly or partly from ad valorem taxes, impact fees,
205	205	revenue, contract payments, grants, or other district money, or any
206	206	combination of those sources, to pay for any authorized district
207	207	purpose.
208	208	Sec. 8092.0502. TAXES FOR BONDS. At the time the district
209	209	issues bonds payable wholly or partly from ad valorem taxes, the
210	210	board shall provide for the annual imposition of a continuing
211	211	direct ad valorem tax, without limit as to rate or amount, while all
212	212	or part of the bonds are outstanding as required and in the manner
213	213	provided by Sections 54.601 and 54.602, Water Code.
214	214	Sec. 8092.0503. BONDS FOR ROAD PROJECTS. At the time of
215	215	issuance, the total principal amount of bonds or other obligations
216	216	issued or incurred to finance road projects and payable from ad
217	217	valorem taxes may not exceed one-fourth of the assessed value of the
218	218	real property in the district.
219	219	SECTION 2. The Tarrant County Municipal Utility District
220	220	No. 2 initially includes all the territory contained in the
221	221	following area:
222	222	TRACT 1
223	223	BEING ALL OF THAT TRACT OF LAND IN TARRANT COUNTY, TEXAS, OUT
224	224	OF THE W. DAVIDSON SURVEY, ABSTRACT NO. 393, AND BEING ALL OF THAT
225	225	CALLED 119.2 ACRES OF LAND DESCRIBED AS TRACT TWO IN A DEED TO
226	226	ROBERT W. TEETER ET AL AS RECORDED IN FILE NO. D208204603 OF THE
227	227	OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, AND BEING FURTHER
228	228	DESCRIBED AS FOLLOWS:
229	229	BEGINNING AT A 2 INCH PIPE FOUND AT THE SOUTHEAST CORNER OF
230	230	SAID 119.2 ACRES, AT THE SOUTHWEST CORNER OF THAT CALLED 13.232
231	231	ACRES OF LAND DESCRIBED IN A DEED TO TEXAS ELECTRIC SERVICE COMPANY
232	232	AS RECORDED IN VOLUME 4688, PAGE 261 OF THE DEED RECORDS OF TARRANT
233	233	COUNTY, TEXAS AND IN THE NORTH LINE OF THAT CALLED 1.467 ACRES OF
234	234	LAND DESCRIBED IN A DEED TO KENNY WILSON AS RECORDED IN FILE NO.
235	235	D218222887 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS,
236	236	FROM WHICH A 1/2 INCH STEEL ROD FOUND CAPPED "BEASLEY" BEARS SOUTH
237	237	89 DEGREES 59 MINUTES 15 SECONDS EAST, 152.65 FEET FOR WITNESS AND
238	238	FROM WHICH A CONCRETE MONUMENT WITH 3 INCH DISK STAMPED "TESCO"
239	239	BEARS SOUTH 41 DEGREES 50 MINUTES 59 SECONDS EAST, 223.00 FEET FOR
240	240	WITNESS;
241	241	THENCE NORTH 89 DEGREES 59 MINUTES 15 SECONDS WEST, 439.80
242	242	FEET ALONG A SOUTH LINE OF SAID 119.2 ACRES, THE NORTH LINE OF SAID
243	243	1.467 ACRES AND THE NORTH LINE OF THAT CALLED 1.098 ACRES OF LAND
244	244	DESCRIBED IN A DEED TO SANDRA K. BABCOCK AS RECORDED IN FILE NO.
245	245	D215271871 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
246	246	TO A 5/8 INCH STEEL ROD FOUND ON THE NORTHEAST SIDE OF A CURVE OF
247	247	BENNETT LAWSON ROAD, AT AN ANGLE POINT OF SAID 119.2 ACRES AND AT
248	248	THE NORTHWEST CORNER OF SAID 1.098 ACRES;
249	249	THENCE ALONG THE COMMON LINE OF SAID BENNETT LAWSON ROAD AND
250	250	SAID 119.2 ACRES AS FOLLOWS:
251	251	NORTH 79 DEGREES 45 MINUTES 12 SECONDS WEST, 191.39 FEET TO A
252	252	COTTON SPINDLE SET FOR CORNER;
253	253	NORTH 88 DEGREES 59 MINUTES 49 SECONDS WEST, 292.83 FEET TO A
254	254	1/2 INCH STEEL ROD FOUND CAPPED "METROPLEX";
255	255	NORTH 89 DEGREES 18 MINUTES 19 SECONDS WEST, 613.46 FEET TO A
256	256	1/2 INCH STEEL ROD FOUND;
257	257	SOUTH 88 DEGREES 42 MINUTES 11 SECONDS WEST, 898.44 FEET TO A
258	258	1/2 INCH STEEL ROD SET CAPPED "BY-LINE SURVEYING" FOR CORNER;
259	259	NORTH 75 DEGREES 13 MINUTES 49 SECONDS WEST, 58.55 FEET TO A
260	260	1/2 INCH STEEL ROD SET CAPPED "BY-LINE SURVEYING" FOR CORNER;
261	261	NORTH 52 DEGREES 14 MINUTES 38 SECONDS WEST, 819.27 FEET TO A
262	262	1/2 INCH STEEL ROD SET CAPPED "BY-LINE SURVEYING" FOR CORNER;
263	263	NORTH 38 DEGREES 17 MINUTES 14 SECONDS WEST, 68.49 FEET TO A
264	264	1/2 INCH STEEL ROD FOUND CAPPED "METROPLEX";
265	265	NORTH 04 DEGREES 09 MINUTES 44 SECONDS WEST, 359.80 FEET TO A
266	266	1/2 INCH STEEL ROD FOUND CAPPED "METROPLEX";
267	267	NORTH 00 DEGREES 24 MINUTES 15 SECONDS WEST, 1,778.44 FEET TO
268	268	A 1/2 INCH STEEL ROD FOUND CAPPED "METROPLEX";
269	269	NORTH 17 DEGREES 22 MINUTES 01 SECONDS EAST, 69.16 FEET TO A
270	270	1/2 INCH STEEL ROD FOUND CAPPED "METROPLEX";
271	271	NORTH 64 DEGREES 40 MINUTES 58 SECONDS EAST, 70.84 FEET TO A
272	272	1/2 INCH STEEL ROD FOUND WITH YELLOW CAP;
273	273	NORTH 85 DEGREES 38 MINUTES 01 SECONDS EAST, 283.50 FEET TO A
274	274	NAIL FOUND NEAR THE INTERSECTION OF THE SOUTH OF BENNETT LAWSON ROAD
275	275	AND JESSICA LANE;
276	276	THENCE NORTH 89 DEGREES 47 MINUTES 50 SECONDS EAST, 295.42
277	277	FEET ALONG THE SOUTH LINE OF SAID JESSICA LANE AND A NORTH LINE OF
278	278	SAID 119.2 ACRES TO A POINT AT THE NORTHEAST CORNER OF SAID 119.2
279	279	ACRES AND IN THE SOUTHWEST LINE OF SAID 13.232 ACRES, FROM WHICH A
280	280	1/2 INCH STEEL ROD FOUND BEARS NORTH 89 DEGREES 47 MINUTES 50
281	281	SECONDS EAST, 0.85 FEET FOR WITNESS AND FROM WHICH A CONCRETE
282	282	MONUMENT WITH 3 INCH DISK STAMPED "TESCO" BEARS NORTH 41 DEGREES 50
283	283	MINUTES 59 SECONDS WEST, 547.49 FEET FOR WITNESS;
284	284	THENCE SOUTH 41 DEGREES 50 MINUTES 59 SECONDS EAST, 3,829.89
285	285	FEET ALONG THE NORTHEAST LINE OF SAID 119.2 ACRES AND THE SOUTHWEST
286	286	LINE OF SAID 13.232 ACRES TO THE POINT OF BEGINNING, CONTAINING
287	287	119.28 ACRES OF LAND.
288	288	TRACT 2
289	289	BEING ALL OF THAT TRACT OF LAND IN TARRANT COUNTY, TEXAS, OUT
290	290	OF THE W. DAVIDSON SURVEY, ABSTRACT NO. 393 AND S. LYNN SURVEY,
291	291	ABSTRACT NO. 940, AND BEING ALL OF THAT CALLED 253.4 ACRES OF LAND
292	292	DESCRIBED AS TRACT ONE IN A DEED TO ROBERT W. TEETER ET AL AS
293	293	RECORDED IN FILE NO. D208204603 OF THE OFFICIAL PUBLIC RECORDS OF
294	294	TARRANT COUNTY, TEXAS, AND BEING FURTHER DESCRIBED AS FOLLOWS:
295	295	BEGINNING AT A 60D NAIL FOUND IN THE BASE OF A 30 INCH OAK TREE
296	296	AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID 253.4 ACRES, AT THE
297	297	NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN A DEED TO FLOYD
298	298	WYNN AND NANCY WYNN AS RECORDED IN VOLUME 12093, PAGE 262 OF THE
299	299	DEED RECORDS OF TARRANT COUNTY, TEXAS, AT THE SOUTHEAST CORNER OF
300	300	THAT CALLED 9.986 ACRES OF LAND DESCRIBED AS TRACT 1 IN A DEED TO
301	301	GARY DON JOHNSON AND WIFE, NANCY K. JOHNSON AS RECORDED IN VOLUME
302	302	11366, PAGE 1358 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS AND AT
303	303	THE SOUTHWEST CORNER OF THAT CALLED 21.420 ACRES OF LAND DESCRIBED
304	304	AS TRACT IV IN A DEED TO TEXAS JPC LLC AS RECORDED IN FILE NO.
305	305	D218071066 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS;
306	306	THENCE SOUTH 89 DEGREES 48 MINUTES 13 SECONDS EAST, 869.90
307	307	FEET A NORTH LINE OF SAID 253.4 ACRES, THE SOUTH LINE OF SAID 21.420
308	308	ACRES AND THE SOUTH LINE OF THAT CALLED 2.426 ACRES OF LAND
309	309	DESCRIBED AS TRACT V IN SAID TEXAS JPC LLC DEED TO A 3/4 INCH STEEL
310	310	ROD FOUND AT AN ANGLE POINT OF SAID 253.4 ACRES, AT THE SOUTHEAST
311	311	CORNER OF SAID 2.426 ACRES AND AT THE SOUTHWEST CORNER OF LOT 8,
312	312	BLOCK 1 OF THE REATA ESTATES AS RECORDED IN CABINET A, SLIDE 11738
313	313	OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS;
314	314	THENCE SOUTH 89 DEGREES 50 MINUTES 04 SECONDS EAST, 954.44
315	315	FEET ALONG A NORTH LINE OF SAID 253.4 ACRES AND THE SOUTH LINE OF
316	316	LOTS 8-12, BLOCK 1 OF THE SAID REATA ESTATES TO A POINT AT THE MOST
317	317	NORTHERLY NORTHEAST CORNER OF SAID 253.4 ACRES, AT THE SOUTHEAST
318	318	CORNER OF SAID LOT 12 AND IN THE WEST LINE OF LOT 9, BLOCK 1 OF THE
319	319	HIDDEN VALLEY ESTATES AS RECORDED IN CABINET A, SLIDE 5333 OF THE
320	320	PLAT RECORDS OF TARRANT COUNTY, TEXAS, FROM WHICH A 5/8 INCH STEEL
321	321	ROD FOUND CAPPED "ANA" BEARS NORTH 89 DEGREES 50 MINUTES 04 SECONDS
322	322	WEST, 0.81 FEET AND A 1/2 INCH STEEL ROD FOUND BEARS SOUTH 89
323	323	DEGREES 26 MINUTES 49 SECONDS EAST, 3.76 FEET FOR WITNESS AND FROM
324	324	WHICH A 1/2 INCH STEEL ROD FOUND WITH 1-1/2 INCH ALUMINUM CAP
325	325	STAMPED "TARRANT COUNTY" BEARS NORTH 00 DEGREES 36 MINUTES 52
326	326	SECONDS WEST, 1,515.31 FEET FOR WITNESS;
327	327	THENCE SOUTH 00 DEGREES 36 MINUTES 52 SECONDS EAST, 344.09
328	328	FEET ALONG A EAST LINE OF SAID 253.4 ACRES AND THE WEST LINE OF LOTS
329	329	9 AND 10, BLOCK 1 OF SAID HIDDEN VALLEY ESTATES TO A 1/2 INCH STEEL
330	330	ROD FOUND CAPPED "HARP 2002" AT AN ANGLE POINT OF SAID 253.4 ACRES,
331	331	AT THE SOUTHWEST CORNER OF SAID LOT 10 OF HIDDEN VALLEY ESTATES AND
332	332	AT THE NORTHWEST CORNER OF THAT CALLED 50 ACRES OF LAND DESCRIBED IN
333	333	A DEED TO RICHARD V. DAUGHERTY AS RECORDED IN VOLUME 11836, PAGE 411
334	334	OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS;
335	335	THENCE SOUTH 00 DEGREES 45 MINUTES 58 SECONDS EAST, 1,663.93
336	336	FEET ALONG A EAST LINE OF SAID 253.4 ACRES AND THE WEST LINE OF SAID
337	337	50 ACRES TO A 1/2 INCH STEEL ROD FOUND AT AN ELL CORNER OF SAID 253.4
338	338	ACRES AND AT THE SOUTHWEST CORNER OF SAID 50 ACRES;
339	339	THENCE SOUTH 89 DEGREES 51 MINUTES 09 SECONDS EAST, 1,320.38
340	340	FEET ALONG A NORTH LINE OF SAID 253.4 ACRES AND THE SOUTH LINE OF
341	341	SAID 50 ACRES TO A 5/8 INCH STEEL ROD FOUND AT AN ELL CORNER OF SAID
342	342	253.4 ACRES AND AT THE SOUTHEAST CORNER OF SAID 50 ACRES;
343	343	THENCE NORTH 00 DEGREES 08 MINUTES 23 SECONDS EAST, 1,643.61
344	344	FEET ALONG A WEST LINE OF SAID 253.4 ACRES AND THE EAST LINE OF SAID
345	345	50 ACRES TO A 5/8 INCH STEEL ROD FOUND AT THE MOST EASTERLY
346	346	NORTHWEST CORNER OF SAID 253.4 ACRES, AT THE NORTHEAST CORNER OF
347	347	SAID 50 ACRES, AT THE SOUTHEAST CORNER OF LOT 11, BLOCK 1 OF SAID
348	348	HIDDEN VALLEY ESTATES AND AT THE SOUTHWEST CORNER OF THAT CALLED 40
349	349	ACRES OF LAND DESCRIBED IN A DEED TO KATHLEEN M. VOELKEL AS RECORDED
350	350	IN VOLUME 14510, PAGE 40 OF THE DEED RECORDS OF TARRANT COUNTY,
351	351	TEXAS;
352	352	THENCE NORTH 88 DEGREES 57 MINUTES 02 SECONDS EAST, 1,313.56
353	353	FEET ALONG A NORTH LINE OF SAID 253.4 ACRES, THE SOUTH LINE OF SAID
354	354	40 ACRES, THE SOUTH LINE OF THAT CALLED 2.151 ACRES OF LAND
355	355	DESCRIBED AS TRACT 1 IN A DEED TO ANTARES GUY AS RECORDED IN FILE NO.
356	356	D219049813 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
357	357	AND THE SOUTH LINE OF THAT CALLED 1.9332 ACRES OF LAND DESCRIBED AS
358	358	TRACT 1 IN A DEED TO KATHLEEN VOELKEL AS RECORDED IN FILE NO.
359	359	D217190898 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
360	360	TO A POINT IN A 3 INCH STEEL FENCE POST FOUND AT THE MOST EASTERLY
361	361	NORTHEAST CORNER OF SAID 253.4 ACRES, AT THE SOUTHEAST CORNER OF
362	362	SAID 1.9332 ACRES AND IN THE WEST LINE OF THAT CALLED 23.616 ACRES
363	363	OF LAND DESCRIBED IN A DEED TO JCE TRUST AS RECORDED IN VOLUME 9329,
364	364	PAGE 731 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS;
365	365	THENCE SOUTH 00 DEGREES 23 MINUTES 06 SECONDS WEST, 555.35
366	366	FEET ALONG A EAST LINE OF SAID 253.4 ACRES AND THE WEST LINE OF SAID
367	367	23.616 ACRES TO A 1/2 INCH STEEL ROD FOUND AT AN ANGLE POINT OF SAID
368	368	253.4 ACRES, AT A SOUTHWEST CORNER OF SAID 23.616 ACRES AND AT THE
369	369	NORTHWEST OR NORTH CORNER OF THAT CALLED 5.242 ACRES OF LAND
370	370	DESCRIBED IN A DEED TO ROBERT PAUL DENTON AS RECORDED IN FILE NO.
371	371	D220015759 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS;
372	372	THENCE SOUTH 00 DEGREES 11 MINUTES 09 SECONDS EAST, 2,070.50
373	373	FEET ALONG A EAST LINE OF SAID 253.4 ACRES, THE WEST LINE OF SAID
374	374	5.242 ACRES AND THE WEST LINE OF THAT CALLED 6.68 ACRES OF LAND
375	375	DESCRIBED IN A DEED TO JOSHUA KEVIN TERRY AND RACHEL TERRY AS
376	376	RECORDED IN FILE NO. D217044342 OF THE OFFICIAL PUBLIC RECORDS OF
377	377	TARRANT COUNTY, TEXAS TO A 1/2 INCH STEEL ROD FOUND CAPPED
378	378	"METROPLEX" AT THE MOST EASTERLY SOUTHEAST CORNER OF SAID 253.4
379	379	ACRES AND IN THE NORTHWEST LINE OF GIBSON CEMETERY ROAD;
380	380	THENCE SOUTH 58 DEGREES 52 MINUTES 26 SECONDS WEST, 165.76
381	381	FEET ALONG A SOUTHEAST LINE OF SAID 253.4 ACRES AND THE NORTHWEST
382	382	LINE OF SAID GIBSON CEMETERY ROAD TO A 1/2 INCH STEEL ROD SET CAPPED
383	383	"BY-LINE SURVEYING" AT A SOUTH CORNER OF SAID 253.4 ACRES AND AT THE
384	384	EAST CORNER OF THAT CALLED 0.26 ACRES OF LAND DESCRIBED IN A DEED TO
385	385	MILTON DELBERT CARTER AND WIFE, JIMMIE D. CARTER AS RECORDED IN
386	386	VOLUME 12978, PAGE 286 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS;
387	387	THENCE NORTH 29 DEGREES 48 MINUTES 14 SECONDS WEST, 114.66
388	388	FEET ALONG A SOUTHWEST LINE OF SAID 253.4 ACRES, THE NORTHEAST LINE
389	389	OF SAID 0.26 ACRES AND ALONG THE NORTHEAST LINE OF THAT CALLED 0.086
390	390	ACRES OF LAND DESCRIBED IN A DEED TO E. H. CARTER AND WIFE, VELMA V.
391	391	CARTER TO A 1/2 INCH STEEL ROD SET CAPPED "BY-LINE SURVEYING" AT AN
392	392	ELL CORNER OF SAID 253.4 ACRES AND AT THE NORTH CORNER OF SAID 0.086
393	393	ACRES;
394	394	THENCE SOUTH 58 DEGREES 58 MINUTES 05 SECONDS WEST, 130.75
395	395	FEET ALONG A SOUTHEAST LINE OF SAID 253.4 ACRES AND THE NORTHWEST
396	396	LINE OF SAID 0.086 ACRES TO A 1/2 INCH STEEL ROD FOUND AT AN ANGLE
397	397	POINT OF SAID 253.4 ACRES, AT THE WEST CORNER OF SAID 0.086 ACRES,
398	398	AT THE WEST CORNER OF SAID 0.26 ACRES AND AT THE NORTH CORNER OF THAT
399	399	CALLED 0.669 ACRES OF LAND DESCRIBED IN A DEED TO EL DEAN GRAHAM
400	400	ALDRICH, SR. AND CATHERINE BENNETH ALDRICH AS RECORDED IN FILE NO.
401	401	D210061249 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS;
402	402	THENCE SOUTH 82 DEGREES 50 MINUTES 54 SECONDS WEST, 267.07
403	403	FEET ALONG A SOUTHEAST LINE OF SAID 253.4 ACRES, THE NORTHWEST LINE
404	404	OF SAID 0.669 ACRES AND A NORTHWEST LINE OF THAT CALLED 1.78 ACRES
405	405	OF LAND DESCRIBED IN A DEED TO JOHN WILLIAM WATSON, JR. AND WIFE,
406	406	ELIZABETH ANN WATSON AS RECORDED IN VOLUME 6485, PAGE 933 OF THE
407	407	DEED RECORDS OF TARRANT COUNTY, TEXAS;
408	408	THENCE SOUTH 89 DEGREES 06 MINUTES 24 SECONDS WEST, 2,043.79
409	409	FEET ALONG A SOUTH LINE OF SAID 253.4 ACRES, THE NORTH LINE OF SAID
410	410	1.78 ACRES, THE NORTH LINE OF THAT CALLED 1.824 ACRES OF LAND
411	411	DESCRIBED IN A DEED TO JOHN P. BLANTON AS RECORDED IN FILE NO.
412	412	D222217134 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS,
413	413	THE NORTH LINE OF LOT 1 BLOCK 1 OF THE BLANTON ADDITION AS RECORDED
414	414	IN FILE NO. D219239213 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT
415	415	COUNTY, TEXAS, THE NORTH LINE OF THAT CALLED 2.30 ACRES OF LAND
416	416	DESCRIBED IN A DEED TO RENE LUNA AND SANDY LUNA AS RECORDED IN FILE
417	417	NO. D216277777 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY,
418	418	TEXAS, THE NORTH LINE OF LOTS 1 AND 2 OF THE WRIGHT-MOORE ADDITION
419	419	AS RECORDED IN FILE NO. D220136051 OF THE PLAT RECORDS OF TARRANT
420	420	COUNTY, TEXAS, THE NORTH LINE OF 3.078 ACRES AND THAT CALLED 3.929
421	421	ACRES OF LAND DESCRIBED IN A DEED TO WILLIE S. WRIGHT AND WIFE, EDNA
422	422	LEE WRIGHT AS RECORDED IN VOLUME 6610, PAGE 664 OF THE DEED RECORDS
423	423	OF TARRANT COUNTY, TEXAS, THE NORTH LINE OF THAT CALLED 3.502 ACRES
424	424	OF LAND DESCRIBED IN A DEED TO LARRY E. SMITHERMAN, JR. AS RECORDED
425	425	IN FILE NO. D206008331 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT
426	426	COUNTY, TEXAS, THE NORTH LINE OF THAT CALLED 6.66 ACRES OF LAND
427	427	DESCRIBED IN A DEED TO STREAMLINE LEASING, INC AS RECORDED IN FILE
428	428	NO. D218267961 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY,
429	429	TEXAS, THE NORTH LINE OF THAT CALLED 2.34 ACRES OF LAND DESCRIBED IN
430	430	A DEED TO STREAMLINE LEASING, INC. AS RECORDED IN FILE NO.
431	431	D217136197 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
432	432	AND THE NORTH LINE OF THAT CALLED 2.276 ACRES OF LAND DESCRIBED IN A
433	433	DEED TO RICHARD WAYNE BROWN AND WIFE, ALISA GAIL BROWN AS RECORDED
434	434	IN FILE NO. D206366701 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT
435	435	COUNTY, TEXAS TO A 1/2 INCH STEEL ROD SET CAPPED "BY-LINE SURVEYING"
436	436	AT AN ELL CORNER OF SAID 253.4 ACRES AND AT THE NORTHWEST CORNER OF
437	437	SAID 2.276 ACRES, FROM WHICH A 1/2 INCH STEEL ROD FOUND BEARS NORTH
438	438	89 DEGREES 06 MINUTES 24 SECONDS EAST, 155.57 FEET FOR WITNESS;
439	439	THENCE SOUTH 00 DEGREES 20 MINUTES 28 SECONDS EAST, 1,237.57
440	440	FEET ALONG A EAST LINE OF SAID 253.4 ACRES, THE WEST LINE OF SAID
441	441	2.276 ACRES AND THE WEST LINE OF THAT CALLED 4.683 ACRES OF LAND
442	442	DESCRIBED IN A DEED TO PATRICIA MARIE BAINES AS RECORDED IN VOLUME
443	443	15665, PAGE 438 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS TO A
444	444	1/2 INCH STEEL ROD FOUND AT A SOUTH CORNER OF SAID 253.4 ACRES AND AT
445	445	THE NORTHEAST CORNER OF THAT CALLED 13.232 ACRES OF LAND DESCRIBED
446	446	IN A DEED TO TEXAS ELECTRIC SERVICE COMPANY AS RECORDED IN VOLUME
447	447	4688, PAGE 261 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS;
448	448	THENCE NORTH 41 DEGREES 50 MINUTES 59 SECONDS WEST, 3,764.06
449	449	FEET ALONG A SOUTHWEST LINE OF SAID 253.4 ACRES AND THE NORTHEAST
450	450	LINE OF SAID 13.232 ACRES TO A 1/2 INCH STEEL ROD SET CAPPED
451	451	"BY-LINE SURVEYING" AT A NORTHWEST CORNER OF SAID 253.4 ACRES AND IN
452	452	THE SOUTH LINE OF JESSICA LANE;
453	453	THENCE NORTH 88 DEGREES 33 MINUTES 15 SECONDS EAST, 634.59
454	454	FEET ALONG A NORTH LINE OF SAID 253.4 ACRES AND THE SOUTH LINE OF
455	455	JESSICA LANE TO A 1/2 INCH STEEL ROD FOUND AT AN ANGLE POINT OF SAID
456	456	253.4 ACRES AND AT THE SOUTHWEST CORNER OF THAT CALLED 4.0 ACRES OF
457	457	LAND DESCRIBED IN A DEED TO R. H. FINCHER AND WIFE, AUDREY FINCHER
458	458	AS RECORDED IN VOLUME 6930, PAGE 982 OF THE DEED RECORDS OF TARRANT
459	459	COUNTY, TEXAS;
460	460	THENCE NORTH 88 DEGREES 46 MINUTES 46 SECONDS EAST, 417.28
461	461	FEET ALONG A NORTH LINE OF SAID 253.4 ACRES AND THE SOUTH LINE OF
462	462	SAID 4.0 ACRES TO A 1/2 INCH STEEL ROD FOUND AT AN ELL CORNER OF SAID
463	463	253.4 ACRES AND AT THE SOUTHEAST CORNER OF SAID 4.0 ACRES;
464	464	THENCE NORTH 00 DEGREES 00 MINUTES 38 SECONDS WEST, 417.23 FEET
465	465	ALONG A WEST LINE OF SAID 253.4 ACRES AND THE EAST LINE OF SAID 4.0
466	466	ACRES TO A 1/2 INCH STEEL ROD FOUND AT AN ELL CORNER OF SAID 253.4
467	467	ACRES AND AT THE NORTHEAST CORNER OF SAID 4.0 ACRES;
468	468	THENCE SOUTH 88 DEGREES 47 MINUTES 56 SECONDS WEST, 417.75
469	469	FEET ALONG A SOUTH LINE OF SAID 253.4 ACRES AND THE NORTH LINE OF
470	470	SAID 4.0 ACRES TO A 1/2 INCH STEEL ROD FOUND AT A SOUTHWEST CORNER OF
471	471	SAID 253.4 ACRES, AT THE NORTHWEST CORNER OF SAID 4.0 ACRES AND IN
472	472	THE EAST LINE OF THAT CALLED 1.011 ACRES OF LAND DESCRIBED IN A DEED
473	473	TO ROXANNA WATSON AS RECORDED IN VOLUME 5390, PAGE 348 OF THE DEED
474	474	RECORDS OF TARRANT COUNTY, TEXAS, FROM WHICH A 1/2 INCH STEEL ROD
475	475	FOUND BEARS SOUTH 00 DEGREES 04 MINUTES 29 SECONDS EAST, 417.36 FEET
476	476	FOR WITNESS;
477	477	THENCE NORTH 00 DEGREES 04 MINUTES 29 SECONDS WEST, 1,094.19
478	478	FEET ALONG A WEST LINE OF SAID 253.4 ACRES, THE EAST LINE OF SAID
479	479	1.011 ACRES, THE EAST LINE OF THAT CALLED 1.003 ACRES OF LAND
480	480	DESCRIBED IN A DEED TO STEPHEN CALHOUN AS RECORDED IN FILE NO.
481	481	D222181416 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS,
482	482	THE EAST LINE OF THAT CALLED 0.70 ACRES OF LAND DESCRIBED AS TRACT
483	483	ONE AND THAT CALLED 1.31 ACRES OF LAND DESCRIBED AS TRACT TWO IN A
484	484	DEED TO ROGER STITES AND WIFE, ROSEMARY STITES AS RECORDED IN FILE
485	485	NO. D213014048 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY,
486	486	TEXAS, THE EAST LINE OF THAT CALLED 1.02 ACRES OF LAND DESCRIBED IN
487	487	A DEED TO PAMELA K. WILSON AS RECORDED IN FILE NO. D222242637 OF THE
488	488	OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, THE EAST LINE OF
489	489	THAT CALLED 0.4114 ACRES OF LAND DESCRIBED IN A DEED TO JAMES R.
490	490	PASKEY AS RECORDED IN VOLUME 14715, PAGE 417 OF THE DEED RECORDS OF
491	491	TARRANT COUNTY, TEXAS, THE EAST LINE OF THAT CALLED 0.53 ACRES OF
492	492	LAND DESCRIBED IN A DEED TO MARTIN PRECIADO AND LAURENTINA AYALA
493	493	VELAZQUEZ AS RECORDED IN FILE NO. D217079549 OF THE OFFICIAL PUBLIC
494	494	RECORDS OF TARRANT COUNTY, TEXAS AND THE EAST LINE OF SAID WYNN
495	495	TRACT TO THE POINT OF BEGINNING, CONTAINING 253.48 ACRES OF LAND.
496	496	SECTION 3. (a) The legal notice of the intention to
497	497	introduce this Act, setting forth the general substance of this
498	498	Act, has been published as provided by law, and the notice and a
499	499	copy of this Act have been furnished to all persons, agencies,
500	500	officials, or entities to which they are required to be furnished
501	501	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
502	502	Government Code.
503	503	(b) The governor, one of the required recipients, has
504	504	submitted the notice and Act to the Texas Commission on
505	505	Environmental Quality.
506	506	(c) The Texas Commission on Environmental Quality has filed
507	507	its recommendations relating to this Act with the governor, the
508	508	lieutenant governor, and the speaker of the house of
509	509	representatives within the required time.
510	510	(d) All requirements of the constitution and laws of this
511	511	state and the rules and procedures of the legislature with respect
512	512	to the notice, introduction, and passage of this Act are fulfilled
513	513	and accomplished.
514	514	SECTION 4. (a) If this Act does not receive a two-thirds
515	515	vote of all the members elected to each house, Subchapter C, Chapter
516	516	8092, Special District Local Laws Code, as added by Section 1 of
517	517	this Act, is amended by adding Section 8092.0307 to read as follows:
518	518	Sec. 8092.0307. NO EMINENT DOMAIN POWER. The district may
519	519	not exercise the power of eminent domain.
520	520	(b) This section is not intended to be an expression of a
521	521	legislative interpretation of the requirements of Section 17(c),
522	522	Article I, Texas Constitution.
523	523	SECTION 5. This Act takes effect immediately if it receives
524	524	a vote of two-thirds of all the members elected to each house, as
525	525	provided by Section 39, Article III, Texas Constitution. If this
526	526	Act does not receive the vote necessary for immediate effect, this
527	527	Act takes effect September 1, 2023.
528	528	______________________________ ______________________________
529	529	President of the Senate Speaker of the House
530	530	I certify that H.B. No. 5310 was passed by the House on May 9,
531	531	2023, by the following vote: Yeas 108, Nays 34, 2 present, not
532	532	voting.
533	533	______________________________
534	534	Chief Clerk of the House
535	535	I certify that H.B. No. 5310 was passed by the Senate on May
536	536	19, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not
537	537	voting.
538	538	______________________________
539	539	Secretary of the Senate
540	540	APPROVED: _____________________
541	541	Date
542	542	_____________________
543	543	Governor