TX
Texas House Bill HB5361

Texas 2023 - 88th Regular

Texas House Bill HB5361 Compare Versions

OldNewDifferences
11 By: Stucky (Senate Sponsor - Springer) H.B. No. 5361
22 (In the Senate - Received from the House May 15, 2023;
33 May 15, 2023, read first time and referred to Committee on Local
44 Government; May 22, 2023, reported adversely, with favorable
55 Committee Substitute by the following vote: Yeas 9, Nays 0;
66 May 22, 2023, sent to printer.)
77 Click here to see the committee vote
88 COMMITTEE SUBSTITUTE FOR H.B. No. 5361 By: Nichols
99
1010
1111 COMMITTEE VOTE
1212 YeaNayAbsentPNV
1313 BettencourtX
1414 SpringerX
1515 EckhardtX
1616 GutierrezX
1717 HallX
1818 NicholsX
1919 ParkerX
2020 PaxtonX
2121 WestX
2222 A BILL TO BE ENTITLED
2323 AN ACT
2424 relating to the creation of the Denton County Municipal Management
2525 District No. 2; providing authority to issue bonds; providing
2626 authority to impose assessments, fees, and taxes; granting a
2727 limited power of eminent domain.
2828 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2929 SECTION 1. Subtitle C, Title 4, Special District Local Laws
3030 Code, is amended by adding Chapter 4001 to read as follows:
3131 CHAPTER 4001. DENTON COUNTY MUNICIPAL MANAGEMENT DISTRICT NO. 2
3232 SUBCHAPTER A. GENERAL PROVISIONS
3333 Sec. 4001.0101. DEFINITIONS. In this chapter:
3434 (1) "Board" means the district's board of directors.
3535 (2) "County" means Denton County, Texas.
3636 (3) "Director" means a board member.
3737 (4) "District" means the Denton County Municipal
3838 Management District No. 2.
3939 Sec. 4001.0102. NATURE OF DISTRICT. The Denton County
4040 Municipal Management District No. 2 is a special district created
4141 under Section 59, Article XVI, Texas Constitution.
4242 Sec. 4001.0103. PURPOSE; DECLARATION OF INTENT. (a) The
4343 creation of the district is essential to accomplish the purposes of
4444 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
4545 Texas Constitution, and other public purposes stated in this
4646 chapter.
4747 (b) By creating the district and in authorizing the county
4848 and other political subdivisions to contract with the district, the
4949 legislature has established a program to accomplish the public
5050 purposes set out in Section 52-a, Article III, Texas Constitution.
5151 (c) The creation of the district is necessary to promote,
5252 develop, encourage, and maintain employment, commerce,
5353 transportation, housing, tourism, recreation, the arts,
5454 entertainment, economic development, safety, and the public
5555 welfare in the district.
5656 (d) This chapter and the creation of the district may not be
5757 interpreted to relieve the county from providing the level of
5858 services provided as of the effective date of the Act enacting this
5959 chapter to the area in the district. The district is created to
6060 supplement and not to supplant county services provided in the
6161 district.
6262 Sec. 4001.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
6363 (a) All land and other property included in the district will
6464 benefit from the improvements and services to be provided by the
6565 district under powers conferred by Sections 52 and 52-a, Article
6666 III, and Section 59, Article XVI, Texas Constitution, and other
6767 powers granted under this chapter.
6868 (b) The district is created to serve a public use and
6969 benefit.
7070 (c) The creation of the district is in the public interest
7171 and is essential to further the public purposes of:
7272 (1) developing and diversifying the economy of the
7373 state;
7474 (2) eliminating unemployment and underemployment; and
7575 (3) developing or expanding transportation and
7676 commerce.
7777 (d) The district will:
7878 (1) promote the health, safety, and general welfare of
7979 residents, employers, potential employees, employees, visitors,
8080 and consumers in the district, and of the public;
8181 (2) provide needed funding for the district to
8282 preserve, maintain, and enhance the economic health and vitality of
8383 the district territory as a community and business center;
8484 (3) promote the health, safety, welfare, and enjoyment
8585 of the public by providing pedestrian ways and by landscaping and
8686 developing certain areas in the district, which are necessary for
8787 the restoration, preservation, and enhancement of scenic beauty;
8888 and
8989 (4) provide for water, wastewater, drainage, road, and
9090 recreational facilities for the district.
9191 (e) Pedestrian ways along or across a street, whether at
9292 grade or above or below the surface, and street lighting, street
9393 landscaping, parking, and street art objects are parts of and
9494 necessary components of a street and are considered to be a street
9595 or road improvement.
9696 (f) The district will not act as the agent or
9797 instrumentality of any private interest even though the district
9898 will benefit many private interests as well as the public.
9999 Sec. 4001.0105. INITIAL DISTRICT TERRITORY. (a) The
100100 district is initially composed of the territory described by
101101 Section 2 of the Act enacting this chapter.
102102 (b) The boundaries and field notes contained in Section 2 of
103103 the Act enacting this chapter form a closure. A mistake in the
104104 field notes or in copying the field notes in the legislative process
105105 does not affect the district's:
106106 (1) organization, existence, or validity;
107107 (2) right to issue any type of bonds for the purposes
108108 for which the district is created or to pay the principal of and
109109 interest on the bonds;
110110 (3) right to impose or collect an assessment or tax; or
111111 (4) legality or operation.
112112 Sec. 4001.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
113113 All or any part of the area of the district is eligible to be
114114 included in:
115115 (1) a tax increment reinvestment zone created under
116116 Chapter 311, Tax Code; or
117117 (2) a tax abatement reinvestment zone created under
118118 Chapter 312, Tax Code.
119119 Sec. 4001.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
120120 DISTRICTS LAW. Except as otherwise provided by this chapter,
121121 Chapter 375, Local Government Code, applies to the district.
122122 Sec. 4001.0108. CONSTRUCTION OF CHAPTER. This chapter
123123 shall be liberally construed in conformity with the findings and
124124 purposes stated in this chapter.
125125 SUBCHAPTER B. BOARD OF DIRECTORS
126126 Sec. 4001.0201. GOVERNING BODY; TERMS. (a) The district is
127127 governed by a board of five elected directors who serve staggered
128128 terms of four years.
129129 (b) Directors are elected in the manner provided by
130130 Subchapter D, Chapter 49, Water Code.
131131 Sec. 4001.0202. COMPENSATION; EXPENSES. (a) The district
132132 may compensate each director in an amount not to exceed $150 for
133133 each board meeting. The total amount of compensation for each
134134 director in one year may not exceed $7,200.
135135 (b) A director is entitled to reimbursement for necessary
136136 and reasonable expenses incurred in carrying out the duties and
137137 responsibilities of the board.
138138 Sec. 4001.0203. TEMPORARY DIRECTORS. (a) On or after the
139139 effective date of the Act enacting this chapter, the owner or owners
140140 of a majority of the assessed value of the real property in the
141141 district may submit a petition to the Texas Commission on
142142 Environmental Quality requesting that the commission appoint as
143143 temporary directors the five persons named in the petition. The
144144 commission shall appoint as temporary directors the five persons
145145 named in the petition.
146146 (b) The temporary or successor temporary directors shall
147147 hold an election to elect five permanent directors as provided by
148148 Section 49.102, Water Code.
149149 (c) Temporary directors serve until the earlier of:
150150 (1) the date permanent directors are elected under
151151 Subsection (b); or
152152 (2) the fourth anniversary of the effective date of
153153 the Act enacting this chapter.
154154 (d) If permanent directors have not been elected under
155155 Subsection (b) and the terms of the temporary directors have
156156 expired, successor temporary directors shall be appointed or
157157 reappointed as provided by Subsection (e) to serve terms that
158158 expire on the earlier of:
159159 (1) the date permanent directors are elected under
160160 Subsection (b); or
161161 (2) the fourth anniversary of the date of the
162162 appointment or reappointment.
163163 (e) If Subsection (d) applies, the owner or owners of a
164164 majority of the assessed value of the real property in the district
165165 may submit a petition to the commission requesting that the
166166 commission appoint as successor temporary directors the five
167167 persons named in the petition. The commission shall appoint as
168168 successor temporary directors the five persons named in the
169169 petition.
170170 SUBCHAPTER C. POWERS AND DUTIES
171171 Sec. 4001.0301. GENERAL POWERS AND DUTIES. The district
172172 has the powers and duties necessary to accomplish the purposes for
173173 which the district is created.
174174 Sec. 4001.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
175175 district, using any money available to the district for the
176176 purpose, may provide, design, construct, acquire, improve,
177177 relocate, operate, maintain, or finance an improvement project or
178178 service authorized under this chapter or Chapter 375, Local
179179 Government Code.
180180 (b) The district may contract with a governmental or private
181181 entity to carry out an action under Subsection (a).
182182 (c) The implementation of a district project or service is a
183183 governmental function or service for the purposes of Chapter 791,
184184 Government Code.
185185 Sec. 4001.0303. NONPROFIT CORPORATION. (a) The board by
186186 resolution may authorize the creation of a nonprofit corporation to
187187 assist and act for the district in implementing a project or
188188 providing a service authorized by this chapter.
189189 (b) The nonprofit corporation:
190190 (1) has each power of and is considered to be a local
191191 government corporation created under Subchapter D, Chapter 431,
192192 Transportation Code; and
193193 (2) may implement any project and provide any service
194194 authorized by this chapter.
195195 (c) The board shall appoint the board of directors of the
196196 nonprofit corporation. The board of directors of the nonprofit
197197 corporation shall serve in the same manner as the board of directors
198198 of a local government corporation created under Subchapter D,
199199 Chapter 431, Transportation Code, except that a board member is not
200200 required to reside in the district.
201201 Sec. 4001.0304. LAW ENFORCEMENT SERVICES. To protect the
202202 public interest, the district may contract with a qualified party,
203203 including the county, to provide law enforcement services in the
204204 district for a fee.
205205 Sec. 4001.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
206206 The district may join and pay dues to a charitable or nonprofit
207207 organization that performs a service or provides an activity
208208 consistent with the furtherance of a district purpose.
209209 Sec. 4001.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
210210 district may engage in activities that accomplish the economic
211211 development purposes of the district.
212212 (b) The district may establish and provide for the
213213 administration of one or more programs to promote state or local
214214 economic development and to stimulate business and commercial
215215 activity in the district, including programs to:
216216 (1) make loans and grants of public money; and
217217 (2) provide district personnel and services.
218218 (c) The district may create economic development programs
219219 and exercise the economic development powers provided to
220220 municipalities by:
221221 (1) Chapter 380, Local Government Code; and
222222 (2) Subchapter A, Chapter 1509, Government Code.
223223 Sec. 4001.0307. PARKING FACILITIES. (a) The district may
224224 acquire, lease as lessor or lessee, construct, develop, own,
225225 operate, and maintain parking facilities or a system of parking
226226 facilities, including lots, garages, parking terminals, or other
227227 structures or accommodations for parking motor vehicles off the
228228 streets and related appurtenances.
229229 (b) The district's parking facilities serve the public
230230 purposes of the district and are owned, used, and held for a public
231231 purpose even if leased or operated by a private entity for a term of
232232 years.
233233 (c) The district's parking facilities are parts of and
234234 necessary components of a street and are considered to be a street
235235 or road improvement.
236236 (d) The development and operation of the district's parking
237237 facilities may be considered an economic development program.
238238 Sec. 4001.0308. ADDING OR EXCLUDING LAND. The district may
239239 add or exclude land in the manner provided by Subchapter J, Chapter
240240 49, Water Code, or by Subchapter H, Chapter 54, Water Code.
241241 Sec. 4001.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
242242 board by resolution shall establish the number of directors'
243243 signatures and the procedure required for a disbursement or
244244 transfer of district money.
245245 Sec. 4001.0310. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
246246 Section 375.161, Local Government Code, does not apply to the
247247 district.
248248 Sec. 4001.0311. EMINENT DOMAIN. The district may exercise
249249 the power of eminent domain in the manner provided by Section
250250 49.222, Water Code.
251251 Sec. 4001.0312. DIVISION OF DISTRICT. (a) The district
252252 may be divided into two or more new districts only if the district:
253253 (1) has no outstanding bonded debt; and
254254 (2) is not imposing ad valorem taxes.
255255 (b) This chapter applies to any new district created by the
256256 division of the district, and a new district has all the powers and
257257 duties of the district.
258258 (c) Any new district created by the division of the district
259259 may not, at the time the new district is created, contain any land
260260 outside the area described by Section 2 of the Act enacting this
261261 chapter.
262262 (d) The board, on its own motion or on receipt of a petition
263263 signed by the owner or owners of a majority of the assessed value of
264264 the real property in the district, may adopt an order dividing the
265265 district.
266266 (e) An order dividing the district must:
267267 (1) name each new district;
268268 (2) include the metes and bounds description of the
269269 territory of each new district;
270270 (3) appoint temporary directors for each new
271271 district; and
272272 (4) provide for the division of assets and liabilities
273273 between or among the new districts.
274274 (f) On or before the 30th day after the date of adoption of
275275 an order dividing the district, the district shall file the order
276276 with the Texas Commission on Environmental Quality and record the
277277 order in the real property records of each county in which the
278278 district is located.
279279 (g) Any new district created by the division of the district
280280 must hold an election as required by this chapter to obtain voter
281281 approval before the district may impose a maintenance tax or issue
282282 bonds payable wholly or partly from ad valorem taxes.
283283 (h) Municipal consent to the creation of the district and to
284284 the inclusion of land in the district granted under Section
285285 4001.0506 acts as municipal consent to the creation of any new
286286 district created by the division of the district and to the
287287 inclusion of land in the new district.
288288 SUBCHAPTER D. ASSESSMENTS
289289 Sec. 4001.0401. PETITION REQUIRED FOR FINANCING SERVICES
290290 AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
291291 service or improvement project with assessments under this chapter
292292 unless a written petition requesting that service or improvement
293293 has been filed with the board.
294294 (b) A petition filed under Subsection (a) must be signed by
295295 the owners of a majority of the assessed value of real property in
296296 the district subject to assessment according to the most recent
297297 certified tax appraisal roll for the county.
298298 Sec. 4001.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
299299 The board by resolution may impose and collect an assessment for any
300300 purpose authorized by this chapter in all or any part of the
301301 district.
302302 (b) An assessment, a reassessment, or an assessment
303303 resulting from an addition to or correction of the assessment roll
304304 by the district, penalties and interest on an assessment or
305305 reassessment, an expense of collection, and reasonable attorney's
306306 fees incurred by the district:
307307 (1) are a first and prior lien against the property
308308 assessed;
309309 (2) are superior to any other lien or claim other than
310310 a lien or claim for county, school district, or municipal ad valorem
311311 taxes; and
312312 (3) are the personal liability of and a charge against
313313 the owners of the property even if the owners are not named in the
314314 assessment proceedings.
315315 (c) The lien is effective from the date of the board's
316316 resolution imposing the assessment until the date the assessment is
317317 paid. The board may enforce the lien in the same manner that the
318318 board may enforce an ad valorem tax lien against real property.
319319 (d) The board may make a correction to or deletion from the
320320 assessment roll that does not increase the amount of assessment of
321321 any parcel of land without providing notice and holding a hearing in
322322 the manner required for additional assessments.
323323 SUBCHAPTER E. TAXES AND BONDS
324324 Sec. 4001.0501. TAX ELECTION REQUIRED. (a) The district
325325 must hold an election in the manner provided by Chapter 49, Water
326326 Code, or, if applicable, Chapter 375, Local Government Code, to
327327 obtain voter approval before the district may impose an ad valorem
328328 tax.
329329 (b) Section 375.243, Local Government Code, does not apply
330330 to the district.
331331 Sec. 4001.0502. OPERATION AND MAINTENANCE TAX. (a) If
332332 authorized by a majority of the district voters voting at an
333333 election under Section 4001.0501, the district may impose an
334334 operation and maintenance tax on taxable property in the district
335335 in the manner provided by Section 49.107, Water Code, for any
336336 district purpose, including to:
337337 (1) maintain and operate the district;
338338 (2) construct or acquire improvements; or
339339 (3) provide a service.
340340 (b) The board shall determine the operation and maintenance
341341 tax rate. The rate may not exceed the rate approved at the
342342 election.
343343 Sec. 4001.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
344344 BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
345345 terms determined by the board.
346346 (b) The district may issue bonds, notes, or other
347347 obligations payable wholly or partly from ad valorem taxes,
348348 assessments, impact fees, revenue, contract payments, grants, or
349349 other district money, or any combination of those sources of money,
350350 to pay for any authorized district purpose.
351351 (c) The district may issue bonds, notes, or other
352352 obligations payable wholly or partly from assessments in the manner
353353 provided by Subchapter A, Chapter 372, Local Government Code, if
354354 the improvements financed by an obligation issued under this
355355 section will be conveyed to or operated and maintained by a
356356 municipality or county or other retail utility provider pursuant to
357357 an agreement with the district entered into before the issuance of
358358 the obligation.
359359 Sec. 4001.0504. BONDS SECURED BY REVENUE OR CONTRACT
360360 PAYMENTS. The district may issue, without an election, bonds
361361 secured by:
362362 (1) revenue other than ad valorem taxes, including
363363 contract revenues; or
364364 (2) contract payments, provided that the requirements
365365 of Section 49.108, Water Code, have been met.
366366 Sec. 4001.0505. BONDS SECURED BY AD VALOREM TAXES;
367367 ELECTIONS. (a) If authorized at an election under Section
368368 4001.0501, the district may issue bonds payable from ad valorem
369369 taxes.
370370 (b) At the time the district issues bonds payable wholly or
371371 partly from ad valorem taxes, the board shall provide for the annual
372372 imposition of a continuing direct annual ad valorem tax, without
373373 limit as to rate or amount, for each year that all or part of the
374374 bonds are outstanding as required and in the manner provided by
375375 Sections 54.601 and 54.602, Water Code.
376376 (c) All or any part of any facilities or improvements that
377377 may be acquired by a district by the issuance of its bonds may be
378378 submitted as a single proposition or as several propositions to be
379379 voted on at the election.
380380 Sec. 4001.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
381381 board may not issue bonds until each municipality in whose
382382 corporate limits or extraterritorial jurisdiction the district is
383383 located has consented by ordinance or resolution to the creation of
384384 the district and to the inclusion of land in the district as
385385 required by applicable law.
386386 (b) This section applies only to the district's first
387387 issuance of bonds payable from ad valorem taxes.
388388 SUBCHAPTER I. DISSOLUTION
389389 Sec. 4001.0901. DISSOLUTION. (a) The board shall dissolve
390390 the district on written petition filed with the board by the owners
391391 of:
392392 (1) at least two-thirds of the assessed value of the
393393 property subject to assessment by the district based on the most
394394 recent certified county property tax rolls; or
395395 (2) at least two-thirds of the surface area of the
396396 district, excluding roads, streets, highways, utility
397397 rights-of-way, other public areas, and other property exempt from
398398 assessment by the district according to the most recent certified
399399 county property tax rolls.
400400 (b) The board by majority vote may dissolve the district at
401401 any time.
402402 (c) The district may not be dissolved by its board under
403403 Subsection (a) or (b) if the district:
404404 (1) has any outstanding bonded indebtedness until that
405405 bonded indebtedness has been repaid or defeased in accordance with
406406 the order or resolution authorizing the issuance of the bonds;
407407 (2) has a contractual obligation to pay money until
408408 that obligation has been fully paid in accordance with the
409409 contract; or
410410 (3) owns, operates, or maintains public works,
411411 facilities, or improvements unless the district contracts with
412412 another person for the ownership, operation, or maintenance of the
413413 public works, facilities, or improvements.
414414 (d) Sections 375.261, 375.262, and 375.264, Local
415415 Government Code, do not apply to the district.
416416 SECTION 2. The Denton County Municipal Management District
417417 No. 2 initially includes all territory contained in the following
418418 area:
419419 TRACT I:
420420 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
421421 SITUATED IN THE B. WAY SURVEY, ABSTRACT NUMBER 1350, W. JOHNSON
422422 SURVEY, ABSTRACT NUMBER 680, J. STEWART, ABSTRACT NUMBER 1199,
423423 DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT DESCRIBED IN A DEED
424424 TO CLEAR CREEK RIDGE, LLC, RECORDED IN VOLUME 5127, PAGE 1955, AND
425425 VOLUME 5127, PAGE 1951, REAL PROPERTY RECORDS OF DENTON COUNTY,
426426 TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
427427 BEGINNING AT A 1/2 INCH IRON PIN FOUND AT THE SOUTHERN MOST
428428 SOUTHEAST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
429429 PAGE 1955 AND BEING ON THE WEST LINE OF A DEED TO F. JEFFERY CHARNEY,
430430 RECORDED IN VOLUME 3035, PAGE 534, REAL PROPERTY RECORDS, DENTON
431431 COUNTY, TEXAS, AND BEING ON THE NORTHERN MOST NORTHEAST CORNER OF A
432432 TRACT DESCRIBED IN A DEED TO ROYAL WHITE JONES, RECORDED IN VOLUME
433433 1231, PAGE 701, DEED RECORDS, DENTON COUNTY, TEXAS;
434434 THENCE NORTH 71 DEGREES 47 MINUTES 53 SECONDS WEST WITH THE
435435 SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
436436 1955, A DISTANCE OF 5542.39 FEET TO A 1/2 INCH IRON PIN SET AT THE
437437 SOUTHERN MOST SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN
438438 VOLUME 5127, PAGE 1955, AN INNER ELL CORNER OF A TRACT DESCRIBED IN
439439 A DEED TO CASEY MARK HARRINGTON, RECORDED IN VOLUME 2031, PAGE 348,
440440 REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
441441 THENCE NORTH WITH A WEST LINE OF SAID CLEAR CREEK RIDGE TRACT
442442 IN VOLUME 5127, PAGE 1955, A DISTANCE OF 240.00 FEET TO A 1/2 INCH
443443 IRON PIN SET AT A SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT
444444 IN VOLUME 5127, PAGE 1955;
445445 THENCE SOUTH 89 DEGREES 24 MINUTES 00 SECONDS EAST, A
446446 DISTANCE OF 154.60 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER AT AN
447447 INNER ELL CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
448448 PAGE 1955 AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO
449449 MARY TOM CRAVENS CURNUTT, RECORDED IN VOLUME 2505, PAGE 298, REAL
450450 PROPERTY RECORDS, DENTON COUNTY, TEXAS;
451451 THENCE NORTH 15 DEGREES 54 MINUTES 04 SECONDS EAST WITH THE
452452 WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
453453 A DISTANCE OF 2222.30 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER;
454454 THENCE SOUTH 82 DEGREES 47 MINUTES 03 SECONDS EAST WITH A
455455 SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
456456 1955, A DISTANCE OF 667.90 FEET TO A 1/2 INCH IRON PIN FOUND FOR
457457 CORNER;
458458 THENCE NORTH 56 DEGREES 22 MINUTES 21 SECONDS EAST WITH A
459459 SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
460460 1955, A DISTANCE OF 642.42 FEET TO A 1/2 INCH IRON PIN FOUND FOR
461461 CORNER;
462462 THENCE NORTH 50 DEGREES 04 MINUTES 04 SECONDS EAST WITH A
463463 SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
464464 1955, A DISTANCE OF 311.43 FEET TO A 1/2 INCH IRON PIN FOUND FOR
465465 CORNER;
466466 THENCE NORTH 36 DEGREES 03 MINUTES 57 SECONDS EAST WITH THE
467467 WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
468468 A DISTANCE OF 1119.19 FEET TO A 1/2 INCH IRON PIN FOUND FOR CORNER;
469469 THENCE NORTH 26 DEGREES 07 MINUTES 18 SECONDS WEST WITH THE
470470 WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
471471 A DISTANCE OF 1390.50 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER;
472472 THENCE NORTH 00 DEGREES 14 MINUTES 50 SECONDS EAST WITH THE
473473 WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
474474 A DISTANCE OF 913.00 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER ON
475475 THE NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
476476 1955, AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME
477477 5127, PAGE 1951;
478478 THENCE NORTH 89 DEGREES 52 MINUTES 14 SECONDS WEST WITH A
479479 NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955
480480 AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
481481 PAGE 1951, A DISTANCE OF 771.47 FEET TO A 1/2 INCH IRON PIN SET FOR
482482 CORNER BEING ON A WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN
483483 VOLUME 5127, PAGE 1951 AND AN EAST LINE OF A TRACT DESCRIBED IN A
484484 DEED TO RAY HENGER, RECORDED IN VOLUME 4612, PAGE 567, REAL PROPERTY
485485 RECORDS, DENTON COUNTY, TEXAS;
486486 THENCE NORTH 00 DEGREES 46 MINUTES 29 SECONDS WEST WITH A WEST
487487 LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1951 AND
488488 AN EAST LINE OF SAID HENGER TRACT, A DISTANCE OF 1151.02 FEET TO A
489489 1/2 INCH IRON PIN SET FOR CORNER;
490490 THENCE WITH CLEAR CREEK THE FOLLOWING FIFTY-FOUR (54) CALLS:
491491 1.) NORTH 55 DEGREES 38 MINUTES 38 SECONDS EAST, A DISTANCE
492492 OF 110.80 FEET;
493493 2.) NORTH 51 DEGREES 23 MINUTES 04 SECONDS EAST, A DISTANCE
494494 OF 278.21 FEET;
495495 3.) SOUTH 70 DEGREES 46 MINUTES 01 SECONDS EAST, A DISTANCE
496496 OF 415.87 FEET;
497497 4.) SOUTH 40 DEGREES 58 MINUTES 38 SECONDS EAST, A DISTANCE
498498 OF 604.83 FEET;
499499 5.) SOUTH 51 DEGREES 09 MINUTES 01 SECONDS EAST, A DISTANCE
500500 OF 410.80 FEET;
501501 6.) SOUTH 37 DEGREES 53 MINUTES 33 SECONDS EAST, A DISTANCE
502502 OF 82.37 FEET;
503503 7.) SOUTH 18 DEGREES 46 MINUTES 16 SECONDS EAST, A DISTANCE
504504 OF 75.16 FEET;
505505 8.) SOUTH 05 DEGREES 46 MINUTES 16 SECONDS WEST, A DISTANCE
506506 OF 49.39 FEET;
507507 9.) SOUTH 22 DEGREES 04 MINUTES 06 SECONDS WEST, A DISTANCE
508508 OF 308.38 FEET;
509509 10.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE
510510 OF 76.63 FEET;
511511 11.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE
512512 OF 547.10 FEET;
513513 12.) SOUTH 46 DEGREES 12 MINUTES 54 SECONDS EAST, A DISTANCE
514514 OF 174.23 FEET;
515515 13.) NORTH 86 DEGREES 27 MINUTES 32 SECONDS EAST, A DISTANCE
516516 OF 417.50 FEET;
517517 14.) NORTH 53 DEGREES 53 MINUTES 06 SECONDS EAST, A DISTANCE
518518 OF 225.22 FEET;
519519 15.) SOUTH 70 DEGREES 20 MINUTES 06 SECONDS EAST, A DISTANCE
520520 OF 93.57 FEET;
521521 16.) SOUTH 54 DEGREES 37 MINUTES 57 SECONDS EAST, A DISTANCE
522522 OF 330.11 FEET;
523523 17.) NORTH 64 DEGREES 44 MINUTES 37 SECONDS EAST, A DISTANCE
524524 OF 674.49 FEET;
525525 18.) NORTH 84 DEGREES 14 MINUTES 43 SECONDS EAST, A DISTANCE
526526 OF 100.20 FEET;
527527 19.) SOUTH 56 DEGREES 23 MINUTES 54 SECONDS EAST, A DISTANCE
528528 OF 116.40 FEET;
529529 20.) SOUTH 06 DEGREES 22 MINUTES 27 SECONDS WEST, A DISTANCE
530530 OF 228.98 FEET;
531531 21.) SOUTH 52 DEGREES 30 MINUTES 28 SECONDS WEST, A DISTANCE
532532 OF 271.35 FEET;
533533 22.) SOUTH 87 DEGREES 06 MINUTES 16 SECONDS WEST, A DISTANCE
534534 OF 326.84 FEET;
535535 23.) SOUTH 63 DEGREES 22 MINUTES 32 SECONDS WEST, A DISTANCE
536536 OF 93.18 FEET;
537537 24.) SOUTH 19 DEGREES 39 MINUTES 44 SECONDS WEST, A DISTANCE
538538 OF 274.65 FEET;
539539 25.) SOUTH 06 DEGREES 09 MINUTES 26 SECONDS EAST, A DISTANCE
540540 OF 129.80 FEET;
541541 26.) SOUTH 59 DEGREES 41 MINUTES 10 SECONDS EAST, A DISTANCE
542542 OF 155.04 FEET;
543543 27.) NORTH 61 DEGREES 09 MINUTES 15 SECONDS EAST, A DISTANCE
544544 OF 459.27 FEET;
545545 28.) SOUTH 85 DEGREES 11 MINUTES 12 SECONDS EAST, A DISTANCE
546546 OF 101.67 FEET;
547547 29.) SOUTH 50 DEGREES 11 MINUTES 20 SECONDS EAST, A DISTANCE
548548 OF 160.52 FEET;
549549 30.) SOUTH 19 DEGREES 38 MINUTES 33 SECONDS EAST, A DISTANCE
550550 OF 218.07 FEET;
551551 31.) SOUTH 08 DEGREES 39 MINUTES 06 SECONDS WEST, A DISTANCE
552552 OF 110.67 FEET;
553553 32.) SOUTH 60 DEGREES 37 MINUTES 40 SECONDS WEST, A DISTANCE
554554 OF 111.17 FEET;
555555 33.) NORTH 71 DEGREES 44 MINUTES 44 SECONDS WEST, A DISTANCE
556556 OF 205.32 FEET;
557557 34.) NORTH 58 DEGREES 00 MINUTES 21 SECONDS WEST, A DISTANCE
558558 OF 175.42 FEET;
559559 35.) SOUTH 60 DEGREES 53 MINUTES 09 SECONDS WEST, A DISTANCE
560560 OF 81.38 FEET;
561561 36.) SOUTH 19 DEGREES 12 MINUTES 39 SECONDS EAST, A DISTANCE
562562 OF 180.46 FEET;
563563 37.) SOUTH 31 DEGREES 27 MINUTES 36 SECONDS EAST, A DISTANCE
564564 OF 348.51 FEET;
565565 38.) SOUTH 08 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE
566566 OF 80.11 FEET;
567567 39.) SOUTH 44 DEGREES 00 MINUTES 08 SECONDS WEST, A DISTANCE
568568 OF 157.91 FEET;
569569 40.) SOUTH 69 DEGREES 06 MINUTES 14 SECONDS WEST, A DISTANCE
570570 OF 188.37 FEET;
571571 41.) SOUTH 03 DEGREES 39 MINUTES 31 SECONDS WEST, A DISTANCE
572572 OF 190.40 FEET;
573573 42.) SOUTH 62 DEGREES 37 MINUTES 49 SECONDS EAST, A DISTANCE
574574 OF 165.30 FEET;
575575 43.) NORTH 43 DEGREES 07 MINUTES 44 SECONDS EAST, A DISTANCE
576576 OF 253.82 FEET;
577577 44.) NORTH 58 DEGREES 54 MINUTES 00 SECONDS EAST, A DISTANCE
578578 OF 135.83 FEET;
579579 45.) SOUTH 34 DEGREES 09 MINUTES 46 SECONDS EAST, A DISTANCE
580580 OF 149.30 FEET;
581581 46.) SOUTH 21 DEGREES 47 MINUTES 10 SECONDS WEST, A DISTANCE
582582 OF 518.33 FEET;
583583 47.) SOUTH 20 DEGREES 01 MINUTES 56 SECONDS EAST, A DISTANCE
584584 OF 329.19 FEET;
585585 48.) SOUTH 66 DEGREES 36 MINUTES 28 SECONDS EAST, A DISTANCE
586586 OF 195.08 FEET;
587587 49.) SOUTH 87 DEGREES 31 MINUTES 31 SECONDS EAST, A DISTANCE
588588 OF 403.76 FEET;
589589 50.) SOUTH 68 DEGREES 26 MINUTES 25 SECONDS EAST, A DISTANCE
590590 OF 144.04 FEET;
591591 51.) SOUTH 03 DEGREES 41 MINUTES 33 SECONDS WEST, A DISTANCE
592592 OF 91.78 FEET;
593593 52.) SOUTH 23 DEGREES 36 MINUTES 59 SECONDS WEST, A DISTANCE
594594 OF 322.95 FEET;
595595 53.) SOUTH 39 DEGREES 05 MINUTES 30 SECONDS EAST, A DISTANCE
596596 OF 167.15 FEET;
597597 54.) SOUTH 54 DEGREES 29 MINUTES 12 SECONDS EAST, A DISTANCE
598598 OF 152.28 FEET TO A 1/2 INCH IRON PIN FOUND ON AN EAST LINE OF SAID
599599 CLEAR CREEK RIDGE TRACT;
600600 THENCE SOUTH 00 DEGREES 52 MINUTES 17 SECONDS EAST WITH AN
601601 EAST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
602602 A DISTANCE OF 3736.55 FEET TO THE POINT OF BEGINNING AND CONTAINING
603603 IN ALL 535.703 ACRES OF LAND.
604604 SECTION 3. (a) The legal notice of the intention to
605605 introduce this Act, setting forth the general substance of this
606606 Act, has been published as provided by law, and the notice and a
607607 copy of this Act have been furnished to all persons, agencies,
608608 officials, or entities to which they are required to be furnished
609609 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
610610 Government Code.
611611 (b) The governor, one of the required recipients, has
612612 submitted the notice and Act to the Texas Commission on
613613 Environmental Quality.
614614 (c) The Texas Commission on Environmental Quality has filed
615615 its recommendations relating to this Act with the governor,
616616 lieutenant governor, and speaker of the house of representatives
617617 within the required time.
618618 (d) All requirements of the constitution and laws of this
619619 state and the rules and procedures of the legislature with respect
620620 to the notice, introduction, and passage of this Act have been
621621 fulfilled and accomplished.
622622 SECTION 4. (a) Section 4001.0311, Special District Local
623623 Laws Code, as added by Section 1 of this Act, takes effect only if
624624 this Act receives a two-thirds vote of all the members elected to
625625 each house.
626626 (b) If this Act does not receive a two-thirds vote of all the
627627 members elected to each house, Subchapter C, Chapter 4001, Special
628628 District Local Laws Code, as added by Section 1 of this Act, is
629629 amended by adding Section 4001.0311 to read as follows:
630630 Sec. 4001.0311. NO EMINENT DOMAIN POWER. The district may
631631 not exercise the power of eminent domain.
632632 SECTION 5. This Act takes effect immediately if it receives
633633 a vote of two-thirds of all the members elected to each house, as
634634 provided by Section 39, Article III, Texas Constitution. If this
635635 Act does not receive the vote necessary for immediate effect, this
636636 Act takes effect September 1, 2023.
637637 * * * * *