Texas 2023 - 88th Regular

Texas House Bill HB5340 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	H.B. No. 5340
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the North Grayson County Municipal
6	6	Utility District No. 1; 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 8006 to read as follows:
12	12	CHAPTER 8006. NORTH GRAYSON COUNTY MUNICIPAL UTILITY DISTRICT
13	13	NO. 1
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8006.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the North Grayson County
21	21	Municipal Utility District No. 1.
22	22	Sec. 8006.0102. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8006.0103. CONFIRMATION AND DIRECTOR ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8006.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section
31	31	8006.0103 until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district as required by
35	35	applicable law.
36	36	Sec. 8006.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8006.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 8006.0201. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 8006.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8006.0202. TEMPORARY DIRECTORS. (a) On or after
64	64	September 1, 2023, the owner or owners of a majority of the assessed
65	65	value of the real property in the district may submit a petition to
66	66	the commission requesting that the commission appoint as temporary
67	67	directors the five persons named in the petition. The commission
68	68	shall appoint as temporary directors the five persons named in the
69	69	petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8006.0103; or
73	73	(2) September 1, 2027.
74	74	(c) If permanent directors have not been elected under
75	75	Section 8006.0103 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 8006.0103; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 8006.0301. GENERAL POWERS AND DUTIES. The district
92	92	has the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 8006.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 8006.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 8006.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	106	road project must meet all applicable construction standards,
107	107	zoning and subdivision requirements, and regulations of each
108	108	municipality in whose corporate limits or extraterritorial
109	109	jurisdiction the road project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 8006.0305. DIVISION OF DISTRICT. (a) The board, on
119	119	its own motion or on receipt of a petition signed by the owner or
120	120	owners of a majority of the assessed value of the real property in
121	121	the district, may adopt an order dividing the district.
122	122	(b) An order dividing a district may create one or more new
123	123	districts and may provide for the continuation of the district.
124	124	(c) An order dividing the district shall:
125	125	(1) name any new district;
126	126	(2) include the metes and bounds description of the
127	127	territory of each of the districts;
128	128	(3) appoint temporary directors for any new district;
129	129	and
130	130	(4) provide for the division of assets and liabilities
131	131	between the districts.
132	132	(d) The board may adopt an order dividing the district
133	133	before or after the date the board holds an election to confirm the
134	134	district's creation.
135	135	(e) The district may be divided only if the district:
136	136	(1) has no outstanding bonded debt; and
137	137	(2) is not imposing ad valorem taxes.
138	138	(f) A new district created by the division of the district
139	139	may not, at the time the new district is created, contain any land
140	140	outside the area described by Section 2 of the Act enacting this
141	141	chapter.
142	142	(g) On or before the 30th day after the date of adoption of
143	143	an order dividing the district, the district shall file the order
144	144	with the commission and record the order in the real property
145	145	records of each county in which the district is located.
146	146	(h) This chapter applies to any new district created by the
147	147	division of the district, and a new district has all the powers and
148	148	duties of the district.
149	149	(i) A new district created by the division of the district
150	150	shall hold a confirmation and directors' election.
151	151	(j) If the creation of the new district is confirmed, the
152	152	new district shall provide the election date and results to the
153	153	commission.
154	154	(k) A new district created by the division of the district
155	155	must hold an election as required by this chapter to obtain voter
156	156	approval before the district may impose a maintenance tax or issue
157	157	bonds payable wholly or partly from ad valorem taxes.
158	158	(l) The district may continue to rely on confirmation,
159	159	directors', bond, or tax elections held prior to the division.
160	160	(m) Municipal consent to the creation of the district and to
161	161	the inclusion of land in the district acts as municipal consent to
162	162	the creation of any new district created by the division of the
163	163	district and to the inclusion of land in the new district.
164	164	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
165	165	Sec. 8006.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
166	166	The district may issue, without an election, bonds and other
167	167	obligations secured by:
168	168	(1) revenue other than ad valorem taxes; or
169	169	(2) contract payments described by Section 8006.0403.
170	170	(b) The district must hold an election in the manner
171	171	provided by Chapters 49 and 54, Water Code, to obtain voter approval
172	172	before the district may impose an ad valorem tax or issue bonds
173	173	payable from ad valorem taxes.
174	174	(c) The district may not issue bonds payable from ad valorem
175	175	taxes to finance a road project unless the issuance is approved by a
176	176	vote of a two-thirds majority of the district voters voting at an
177	177	election held for that purpose.
178	178	Sec. 8006.0402. OPERATION AND MAINTENANCE TAX. (a) If
179	179	authorized at an election held under Section 8006.0401, the
180	180	district may impose an operation and maintenance tax on taxable
181	181	property in the district in accordance with Section 49.107, Water
182	182	Code.
183	183	(b) The board shall determine the tax rate. The rate may not
184	184	exceed the rate approved at the election.
185	185	Sec. 8006.0403. CONTRACT TAXES. (a) In accordance with
186	186	Section 49.108, Water Code, the district may impose a tax other than
187	187	an operation and maintenance tax and use the revenue derived from
188	188	the tax to make payments under a contract after the provisions of
189	189	the contract have been approved by a majority of the district voters
190	190	voting at an election held for that purpose.
191	191	(b) A contract approved by the district voters may contain a
192	192	provision stating that the contract may be modified or amended by
193	193	the board without further voter approval.
194	194	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
195	195	Sec. 8006.0501. AUTHORITY TO ISSUE BONDS AND OTHER
196	196	OBLIGATIONS. The district may issue bonds or other obligations
197	197	payable wholly or partly from ad valorem taxes, impact fees,
198	198	revenue, contract payments, grants, or other district money, or any
199	199	combination of those sources, to pay for any authorized district
200	200	purpose.
201	201	Sec. 8006.0502. TAXES FOR BONDS. At the time the district
202	202	issues bonds payable wholly or partly from ad valorem taxes, the
203	203	board shall provide for the annual imposition of a continuing
204	204	direct ad valorem tax, without limit as to rate or amount, while all
205	205	or part of the bonds are outstanding as required and in the manner
206	206	provided by Sections 54.601 and 54.602, Water Code.
207	207	Sec. 8006.0503. BONDS FOR ROAD PROJECTS. At the time of
208	208	issuance, the total principal amount of bonds or other obligations
209	209	issued or incurred to finance road projects and payable from ad
210	210	valorem taxes may not exceed one-fourth of the assessed value of the
211	211	real property in the district.
212	212	SECTION 2. The North Grayson County Municipal Utility
213	213	District No. 1 initially includes all the territory contained in
214	214	the following area:
215	215	TRACT 1:
216	216	BEING a tract of land located in the Otis Clapp Jr. Survey, Abstract
217	217	No. 269, the John Reeves Survey, Abstract No. 1021, the Manuel
218	218	Manchaca Survey, Abstract No. 783, and the D. S. Southmayd Survey,
219	219	Abstract No. 1077, Grayson County, Texas, part of a called 160 acre
220	220	Parcel One Fourth Tract and all of a called 100 acre Parcel Four
221	221	described in the deed to Pickens Resource Corp. recorded in Volume
222	222	2195, Page 70 of the Official Records of Grayson County, Texas
223	223	(O.R.G.C.T.), and being more particularly described by metes and
224	224	bounds as follows:
225	225	BEGINNING at a point for the southeast corner of a called 25.00 acre
226	226	tract described in the Contract of Sale between the Veterans Land
227	227	Board of Texas and Bobby Darrell Reed recorded in Volume 1549, Page
228	228	668 O.R.G.C.T., same being on the northerly right-of-way line of
229	229	State Highway 56;
230	230	THENCE North 01°26'36" East, departing the northerly right-of-way
231	231	line of State Highway 56, along the west line of said 100 acre
232	232	Parcel Four, the east line of said 25.00 acre tract and the east
233	233	line of a called 30.00 acre tract described in the deed to David
234	234	Vogel and wife, Linda Vogel, recorded in Volume 2538, Page 171
235	235	O.R.G.C.T., a distance of 2,387.18 feet to the northwest corner of
236	236	said 100 acre Parcel Four, same being in the southwest line of a
237	237	called 46.94 acre Tract One described in the deed to Allejen Ranch,
238	238	LLC, recorded in Document No. 2020-11770 O.R.G.C.T., for the
239	239	northeast corner of said 30.00 acre tract;
240	240	THENCE South 76°32'32" East, along the southwest line of said 46.94
241	241	acre tract and the northeast line of said Parcel Four, a distance of
242	242	1,918.80 feet to a point for the southwest corner of a called 150
243	243	acre tract described in the deed to TX56 Sherman Venture LLC,
244	244	recorded in Document No. 2022-11995 O.R.G.C.T., the southeast
245	245	corner of said 46.94 acre tract, the northwest corner of said Parcel
246	246	One Fourth Tract and the northeast corner of said Parcel Four;
247	247	THENCE South 63°11'32" East, along the southwest line of said 150
248	248	acre tract and the northeast line of said Parcel One Fourth Tract, a
249	249	distance of 1,632.15 feet to a point for corner;
250	250	THENCE South 00°48'35" West, the southwest line of said 150 acre
251	251	tract and the northeast line of said Parcel One Fourth Tract,
252	252	crossing said Parcel One Fourth Tract, a distance of 1,879.82 feet
253	253	to a point for corner on the southerly line of said Parcel One
254	254	Fourth Tract, same being on the northerly right-of-way line of said
255	255	State Highway 56;
256	256	THENCE North 78°36'53" West, along the northerly right-of-way line
257	257	of State Highway 56, a distance of 3,423.78 feet to the POINT OF
258	258	BEGINNING and containing 172.76 acres (7,525,326 square feet) of
259	259	land, more or less.
260	260	TRACT 2:
261	261	BEING a tract of land located in the D. S. Southmayd Survey,
262	262	Abstract No. 1077, and the C. H. Harwood Survey, Abstract No. 492,
263	263	Grayson County, Texas, part of a called 297 acre Parcel One First
264	264	Tract, all of a called 205.70 acre Parcel One Second Tract, part of
265	265	a called 159.8 acre Parcel One Third Tract, part of a called 160
266	266	acre Parcel One Fourth Tract, all of a called 100.17 acre Parcel One
267	267	Fifth Tract, all of a called 130 acre Parcel One Sixth Tract, part
268	268	of a called 151.9 acre Parcel Three First Tract, part of a called
269	269	150.27 acre Parcel Three Second Tract, and all of a called 155.494
270	270	acre Parcel Five, described in the deed to Pickens Resource Corp.
271	271	recorded in Volume 2195, Page 70 of the Official Records of Grayson
272	272	County, Texas (O.R.G.C.T.), and being more particularly described
273	273	by metes and bounds as follows:
274	274	BEGINNING at a point in the southerly right-of-way line of State
275	275	Highway 56 and the northeast corner of a called 106.4295 acre tract
276	276	described in the deed to DeLay Investments, LLC, recorded in Volume
277	277	4223, Page 621 O.R.G.C.T., same being on the west line of said
278	278	Parcel One Fourth Tract;
279	279	THENCE South 78°36'53" East, along the southerly right-of-way line
280	280	of State Highway 56, a distance of 1,511.09 feet to a point for
281	281	corner;
282	282	THENCE South 00°48'35" West, departing the southerly right-of-way
283	283	line of State Highway 56, crossing said Parcel One Fourth Tract, a
284	284	distance of 1,199.57 feet to a point for corner on the south line of
285	285	said Parcel One Fourth Tract and the northerly line of said Parcel
286	286	One Third Tract;
287	287	THENCE South 29°35'08" East, crossing said Parcel One Third Tract, a
288	288	distance of 730.50 feet to a point for corner;
289	289	THENCE South 24°42'52" East, continuing across said Parcel One Third
290	290	Tract, passing the south line of said Parcel One Third Tract and the
291	291	north line of said Parcel One First Tract, continuing across said
292	292	Parcel One First Tract, a distance of 2,621.47 feet to a point for
293	293	corner;
294	294	THENCE South 88°40'26" East, continuing across said Parcel One First
295	295	Tract, a distance of 400.00 feet to a point for corner on the east
296	296	line of said Parcel One First Tract and the west line of a called
297	297	206.189 acre tract described in the deed to Lawrence Wayne
298	298	Schroeder, Trustee, recorded in Volume 5329, Page 801 O.R.G.C.T.;
299	299	THENCE South 01°19'34" West, along the east line of said Parcel One
300	300	First Tract and the west line of said 206.189 acre tract, a distance
301	301	of 300.00 feet to a point for the southwest corner of said 206.189
302	302	acre tract and an interior corner of said Parcel One First Tract
303	303	THENCE South 88°56'34" East, along the south line of said 206.189
304	304	acre tract and the southerly north line of said Parcel One First
305	305	Tract, a distance of 390.29 feet to a point for the northwest corner
306	306	of a called 101.219 acre tract described in the deed to Michael D.
307	307	Allen, Trustee, and Richard Mercer Abernathy, Trustee, recorded in
308	308	Volume 4936, Page 863 O.R.G.C.T., and the southerly northeast
309	309	corner of said Parcel One First Tract;
310	310	THENCE South 01°33'14" West, departing the south line of said
311	311	206.189 acre tract, along the southerly east line of said Parcel One
312	312	First Tract, the west line of said 101.219 acre tract and the west
313	313	line of a called 102 acre Tract Two described in the deed to Michael
314	314	D. Allen, Trustee, and Marcy Allen Brown, Trustee, recorded in
315	315	Volume 4882, Page 516 O.R.G.C.T., a distance of 2,651.15 feet to a
316	316	point in the north line of said Parcel One Second Tract, for the
317	317	southwest corner of said 102 acre tract and the southeast corner of
318	318	said Parcel One First Tract;
319	319	THENCE South 88°32'38" East, along the south line of said 102 acre
320	320	tract, the north line of said Parcel One Second Tract and the north
321	321	line of said Parcel One Fifth Tract, a distance of 3,328.02 feet to
322	322	a point within the margins of Collin Road, in the west line of a
323	323	called 372.75 acre Parcel Two, described in the said deed to Pickens
324	324	Resource Corp. recorded in Volume 2195, Page 70 O.R.G.C.T., for the
325	325	southeast corner of said 102 acre tract and the northeast corner of
326	326	said Parcel One Fifth Tract;
327	327	THENCE South 01°15'46" West, along the east line of said Parcel One
328	328	Fifth Tract and the west line of said 372.75 acre Parcel Two, a
329	329	distance of 1,841.31 feet to a point for corner in the margins of
330	330	Swindle Road for the southwest corner of said 372.75 acre Parcel Two
331	331	and the easterly, southeast corner of said Parcel One Fifth Tract,
332	332	same also being on the north line of called 195,778 acre tract
333	333	described in the deed to KRE3 LLC recorded in Document
334	334	No. 2021-33451 O.R.G.C.T.;
335	335	THENCE North 89°05'42" West, within the margins of Swindle Road and
336	336	Collins Road, along the north line of said 195.778 acre tract and
337	337	the easterly south line of said Parcel One Fifth Tract, a distance
338	338	of 630.20 feet to the northwest corner of said 195.778 acre tract
339	339	and an interior corner of said Parcel One Fifth Tract;
340	340	THENCE South 00°47'11" East, continuing within the margins of
341	341	Collins Road, along the west line of said 195.778 acre tract, the
342	342	west line of a called 194.19 acre tract described in the deed to
343	343	Alvin J. Schroeder and Helen Lorene Schroeder, Trustees, recorded
344	344	in Volume 5178, Page 46 O.R.G.C.T., the southerly east line of said
345	345	Parcel One Fifth Tract, the east line of said Parcel Three Second
346	346	Tract, the east line of said Parcel Three First Tract and the east
347	347	line of said Parcel Five, a distance of 6,041.54 feet to a point at
348	348	the intersection Davis Road and Collins Road, for the northwest
349	349	corner of a called 5.46 acre tract described in the deed to Audie C.
350	350	Hall and wife, Janis Dee Hall, recorded in Volume 2727, Page 501
351	351	O.R.G.C.T., the northeast corner of a called 3.000 acre tract
352	352	described in the deed to GF3 Partnership, LLC, recorded in Document
353	353	No. 2019-17471 O.R.G.C.T., the southwest corner of said 194.19 acre
354	354	tract, and the southeast corner of said Parcel Five;
355	355	THENCE North 88°45'13" West, within the margins of Davis Road, along
356	356	the south line of said Parcel Five, the north line of said 3.000
357	357	acre tract, the north line of a called 98.652 acre tract described
358	358	in the deed to GF3 Partnership, LLC, recorded in Document
359	359	No. 2019-17476 O.R.G.C.T., the north line of a called 9.992 acre
360	360	tract described in the deed to Cote Sutton and wife, Ashley Sutton,
361	361	recorded in Volume 5353, Page 685 O.R.G.C.T., the north line of a
362	362	called 24.112 acre tract described in the deed to Cote Sutton and
363	363	wife, Ashley Sutton, recorded in Volume 5353, Page 481 O.R.G.C.T.,
364	364	the north line of a called 2.000 acre Tract 1 described in the deed
365	365	to Value Property Group LLC recorded in Document No. 2022-6411
366	366	O.R.G.C.T., the north line of a called 16.008 acre tract described
367	367	in the deed to TLS Investments, L.P., recorded in Document
368	368	No. 2019-22263 O.R.G.C.T., the north line of a called 10.000 acre
369	369	tract described in the deed to Tony Ezell and wife, Brenda Ezell,
370	370	recorded in Volume 2831, Page 315 O.R.G.C.T., the north line of a
371	371	called 20.991 acre tract described in the deed to Nelva Dorothy
372	372	Brown recorded in Document No. 2018-4747 O.R.G.C.T., the north line
373	373	of a called 29.761 acre tract described in the deed to Michael D.
374	374	Oxford and wife, Hazel D. Oxford, recorded in Volume 2817, Page 651
375	375	O.R.G.C.T., and the northerly north line of a called 121.885 acre
376	376	Tract 1 described in the deed to Houillion Family Limited
377	377	Partnership recorded in Document No. 2018-9791 O.R.G.C.T., a
378	378	distance of 3,696.83 feet to a point for the southeast corner of a
379	379	called 150 acre tract described in the deed to Sammy W. Dolezalek
380	380	and wife, Donna Dolezalek, recorded in Voume 2958, Page 115
381	381	O.R.G.C.T., and the southwest corner of said Parcel Five;
382	382	THENCE North 00°00'02" West, departing the northerly north line of
383	383	said 121.885 acre tract, along the east line of said 150 acre
384	384	Dolezalek tract and the west line of said Parcel Five, a distance of
385	385	1,798.22 feet to a point for the southwest corner of a called
386	386	132.078 acre tract described in the deed to Pickens Financial
387	387	Group, LLC, recorded in Document No. 2021-23130 O.R.G.C.T. and the
388	388	northwest corner of said Parcel Five;
389	389	THENCE North 00°29'22" West, along the east line of said 150 acre
390	390	tract and the west line of said 132.078 acre tract, a distance of
391	391	324.53 feet to a point for the southeast corner of a called 97.812
392	392	acre tract described in the deed to SSMC Properties LLC recorded in
393	393	Document No. 2021-23790 O.R.G.C.T. and the northeast corner of said
394	394	150 acre tract;
395	395	THENCE North 00°07'27" East, along the east line of said 97.812 acre
396	396	tract and the west line of said 132.078 acre tract, a distance of
397	397	1,436.61 feet to a point for the southeast corner of a called 16.673
398	398	acre tract described in the deed to Adam Butler Irvin and Lindsey
399	399	Morgan Irvin recorded in Document No. 2021-5982 O.R.G.C.T. and the
400	400	northeast corner of said 97.812 acre tract;
401	401	THENCE North 00°03'38" West, along the east line of said 16.673 acre
402	402	tract, the east line of a called 41.680 acre tract described in the
403	403	deed to Adam Butler Irvin and Lindsey Morgan Irvin recorded in
404	404	Document No. 2021-6228 O.R.G.C.T., the east line of a called 25.00
405	405	acre tract described in the deed to Zlatan Dzebic recorded in Volume
406	406	5533, Page 317 O.R.G.C.T., the east line of said 24.967 acre North
407	407	Shook Road LLC tract and the west line of said 132.078 acre tract, a
408	408	distance of 1,810.64 feet to a point for corner;
409	409	THENCE South 89°26'34" West, continuing within the margins of Shook
410	410	Road, along the south line of said Parcel One Second Tract, the
411	411	south line of said Parcel One Sixth Tract, the north line of said
412	412	24.967 acre tract, the easterly north line of a called 9.894 acre
413	413	tract described in the deed to Larry D. Bolz recorded in Volume
414	414	2531, Page 161 O.R.G.C.T., and the north line of a called 2.99 acre
415	415	tract described in the deed to Jeffery Allen Johnson recorded in
416	416	Volume 5898, Page 105 O.R.G.C.T., a distance of 2,913.36 feet to a
417	417	point at the intersection of O'Hanlon Road and Shook Road, for the
418	418	northeast corner of a called 63.510 acre tract described in the deed
419	419	to Jose Gregorio Molina recorded in Volume 5178, Page 689
420	420	O.R.G.C.T., the southeast corner of a called 171.889 acre tract of
421	421	land described a deed to Plaza at Sherman Ranch 171 LLC, recorded in
422	422	Document No. 2022-18898 O.R.G.C.T., and being the southwest corner
423	423	of said Parcel One Sixth Tract;
424	424	THENCE North 01°19'05" East, within the margins of O'Hanlon Road,
425	425	along the east line of said 171.889 acre tract, the east line of a
426	426	called 50.000 acre tract described in the deed to Good Halsey Land
427	427	LLC recorded in Document No. 2020-33486 O.R.G.C.T., the east line
428	428	of a called 50.610 acre tract described in the deed to Phewa
429	429	Investment Group LLC recorded in Document No. 2020-26676
430	430	O.R.G.C.T., the east line of a called 21.013 acre tract described in
431	431	the deed to Mary C. Davies recorded in Volume 2670, Page 617
432	432	O.R.G.C.T., the west line of said Parcel One Sixth Tract and the
433	433	northerly west line of said Parcel One First Tract, a distance of
434	434	6,490.90 feet to a point for the southeast corner of a called 24.720
435	435	acre tract described in the deed to Kenneth Nunn and Angela Howard
436	436	recorded in Volume 3258, Page 566 O.R.G.C.T, the northeast corner
437	437	of said 21.013 acre tract, the southwest corner of said Parcel One
438	438	Third Tract and the northwest corner of said Parcel One First Tract;
439	439	THENCE North 01°27'37" East, continuing within the margins of
440	440	O'Hanlon Road, along the east line of said 24.720 acre tract, the
441	441	east line of a called 30.0 acre tract described in the deed to Lanny
442	442	C. Jaresh and wife, Cleta J. Jaresh, recorded in Volume 1281, Page
443	443	381 O.R.G.C.T., the east line of a called 1.000 acre tract described
444	444	in the deed to Donald and Judy Wooten recorded in Volume 5406, Page
445	445	670 O.R.G.C.T., the east line of a called 12.000 acre tract
446	446	described in the deed to George Adrian. O'Hanlon recorded in
447	447	Document No. 2022-9967 O.R.G.C.T., the east line of a called 19.088
448	448	acre tract described in the deed to Anthony O'Hanlon, Independent
449	449	Executor for the Estate of Betty J. O'Hanlon, recorded in Document
450	450	No. 2022-29020 O.R.G.C.T., the east line of a called 106.4295 acre
451	451	tract described in the deed to DeLay Investments, LLC, recorded in
452	452	Volume 4223, Page 621 O.R.G.C.T., the west line of said Parcel One
453	453	Third Tract and the west line of said Parcel One Fourth Tract, a
454	454	distance of 3,527.27 feet to the POINT OF BEGINNING and containing
455	455	1,317.33 acres (57,382,840 square feet) of land, more or less.
456	456	SECTION 3. (a) The legal notice of the intention to
457	457	introduce this Act, setting forth the general substance of this
458	458	Act, has been published as provided by law, and the notice and a
459	459	copy of this Act have been furnished to all persons, agencies,
460	460	officials, or entities to which they are required to be furnished
461	461	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
462	462	Government Code.
463	463	(b) The governor, one of the required recipients, has
464	464	submitted the notice and Act to the Texas Commission on
465	465	Environmental Quality.
466	466	(c) The Texas Commission on Environmental Quality has filed
467	467	its recommendations relating to this Act with the governor, the
468	468	lieutenant governor, and the speaker of the house of
469	469	representatives within the required time.
470	470	(d) All requirements of the constitution and laws of this
471	471	state and the rules and procedures of the legislature with respect
472	472	to the notice, introduction, and passage of this Act are fulfilled
473	473	and accomplished.
474	474	SECTION 4. (a) If this Act does not receive a two-thirds
475	475	vote of all the members elected to each house, Subchapter C, Chapter
476	476	8006, Special District Local Laws Code, as added by Section 1 of
477	477	this Act, is amended by adding Section 8006.0306 to read as follows:
478	478	Sec. 8006.0306. NO EMINENT DOMAIN POWER. The district may
479	479	not exercise the power of eminent domain.
480	480	(b) This section is not intended to be an expression of a
481	481	legislative interpretation of the requirements of Section 17(c),
482	482	Article I, Texas Constitution.
483	483	SECTION 5. This Act takes effect September 1, 2023.
484	484	______________________________ ______________________________
485	485	President of the Senate Speaker of the House
486	486	I certify that H.B. No. 5340 was passed by the House on May
487	487	12, 2023, by the following vote: Yeas 102, Nays 38, 2 present, not
488	488	voting.
489	489	______________________________
490	490	Chief Clerk of the House
491	491	I certify that H.B. No. 5340 was passed by the Senate on May
492	492	24, 2023, by the following vote: Yeas 29, Nays 2.
493	493	______________________________
494	494	Secretary of the Senate
495	495	APPROVED: _____________________
496	496	Date
497	497	_____________________
498	498	Governor