Texas 2023 - 88th Regular

Texas House Bill HB5376 Compare Versions

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Version 2 (New)

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1	1	By: Stucky (Senate Sponsor - Parker) H.B. No. 5376
2	2	(In the Senate - Received from the House May 15, 2023;
3	3	May 16, 2023, read first time and referred to Committee on Local
4	4	Government; May 22, 2023, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 9, Nays 0;
6	6	May 22, 2023, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR H.B. No. 5376 By: Springer
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the creation of the Tabor Ranch Municipal Management
14	14	District; providing authority to issue bonds; providing authority
15	15	to impose assessments, fees, and taxes; granting a limited power of
16	16	eminent domain.
17	17	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	18	SECTION 1. Subtitle C, Title 4, Special District Local Laws
19	19	Code, is amended by adding Chapter 4000 to read as follows:
20	20	CHAPTER 4000. TABOR RANCH MUNICIPAL MANAGEMENT DISTRICT
21	21	SUBCHAPTER A. GENERAL PROVISIONS
22	22	Sec. 4000.0101. DEFINITIONS. In this chapter:
23	23	(1) "Board" means the district's board of directors.
24	24	(2) "City" means the City of Denton.
25	25	(3) "Director" means a board member.
26	26	(4) "District" means the Tabor Ranch Municipal
27	27	Management District.
28	28	Sec. 4000.0102. NATURE OF DISTRICT. The Tabor Ranch
29	29	Municipal Management District is a special district created under
30	30	Section 59, Article XVI, Texas Constitution.
31	31	Sec. 4000.0103. PURPOSE; DECLARATION OF INTENT. (a) The
32	32	creation of the district is essential to accomplish the purposes of
33	33	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
34	34	Texas Constitution, and other public purposes stated in this
35	35	chapter.
36	36	(b) By creating the district and in authorizing the city and
37	37	other political subdivisions to contract with the district, the
38	38	legislature has established a program to accomplish the public
39	39	purposes set out in Section 52-a, Article III, Texas Constitution.
40	40	(c) The creation of the district is necessary to promote,
41	41	develop, encourage, and maintain employment, commerce,
42	42	transportation, housing, tourism, recreation, the arts,
43	43	entertainment, economic development, safety, and the public
44	44	welfare in the district.
45	45	(d) This chapter and the creation of the district may not be
46	46	interpreted to relieve the city from providing the level of
47	47	services provided as of the effective date of the Act enacting this
48	48	chapter to the area in the district. The district is created to
49	49	supplement and not to supplant city services provided in the
50	50	district.
51	51	Sec. 4000.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
52	52	(a) All land and other property included in the district will
53	53	benefit from the improvements and services to be provided by the
54	54	district under powers conferred by Sections 52 and 52-a, Article
55	55	III, and Section 59, Article XVI, Texas Constitution, and other
56	56	powers granted under this chapter.
57	57	(b) The district is created to serve a public use and
58	58	benefit.
59	59	(c) The creation of the district is in the public interest
60	60	and is essential to further the public purposes of:
61	61	(1) developing and diversifying the economy of the
62	62	state;
63	63	(2) eliminating unemployment and underemployment; and
64	64	(3) developing or expanding transportation and
65	65	commerce.
66	66	(d) The district will:
67	67	(1) promote the health, safety, and general welfare of
68	68	residents, employers, potential employees, employees, visitors,
69	69	and consumers in the district, and of the public;
70	70	(2) provide needed funding for the district to
71	71	preserve, maintain, and enhance the economic health and vitality of
72	72	the district territory as a community and business center;
73	73	(3) promote the health, safety, welfare, and enjoyment
74	74	of the public by providing pedestrian ways and by landscaping and
75	75	developing certain areas in the district, which are necessary for
76	76	the restoration, preservation, and enhancement of scenic beauty;
77	77	and
78	78	(4) provide for water, wastewater, drainage, road, and
79	79	recreational facilities for the district.
80	80	(e) Pedestrian ways along or across a street, whether at
81	81	grade or above or below the surface, and street lighting, street
82	82	landscaping, parking, and street art objects are parts of and
83	83	necessary components of a street and are considered to be a street
84	84	or road improvement.
85	85	(f) The district will not act as the agent or
86	86	instrumentality of any private interest even though the district
87	87	will benefit many private interests as well as the public.
88	88	Sec. 4000.0105. INITIAL DISTRICT TERRITORY. (a) The
89	89	district is initially composed of the territory described by
90	90	Section 2 of the Act enacting this chapter.
91	91	(b) The boundaries and field notes contained in Section 2 of
92	92	the Act enacting this chapter form a closure. A mistake in the
93	93	field notes or in copying the field notes in the legislative process
94	94	does not affect the district's:
95	95	(1) organization, existence, or validity;
96	96	(2) right to issue any type of bonds for the purposes
97	97	for which the district is created or to pay the principal of and
98	98	interest on the bonds;
99	99	(3) right to impose or collect an assessment; or
100	100	(4) legality or operation.
101	101	Sec. 4000.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
102	102	All or any part of the area of the district is eligible to be
103	103	included in:
104	104	(1) a tax increment reinvestment zone created under
105	105	Chapter 311, Tax Code; or
106	106	(2) a tax abatement reinvestment zone created under
107	107	Chapter 312, Tax Code.
108	108	Sec. 4000.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
109	109	DISTRICTS LAW. Except as otherwise provided by this chapter,
110	110	Chapter 375, Local Government Code, applies to the district.
111	111	Sec. 4000.0108. PRECONDITION. (a) The district may not
112	112	exercise any powers granted to the district by this chapter or other
113	113	law unless a development agreement between the city and the primary
114	114	landowner in the district that establishes the standards that apply
115	115	to development in the district, in addition to those contained in
116	116	zoning, subdivision, and other applicable ordinances of the city,
117	117	has been executed.
118	118	(b) If a development agreement described by Subsection (a)
119	119	has not been executed before September 1, 2025, the board shall
120	120	dissolve the district in the manner provided by Subchapter I as soon
121	121	as possible after September 1, 2025.
122	122	Sec. 4000.0109. CONSTRUCTION OF CHAPTER. This chapter
123	123	shall be liberally construed in conformity with the findings and
124	124	purposes stated in this chapter.
125	125	SUBCHAPTER B. BOARD OF DIRECTORS
126	126	Sec. 4000.0201. GOVERNING BODY; TERMS. (a) The district is
127	127	governed by a board of five elected directors who serve staggered
128	128	terms of four years.
129	129	(b) Directors are elected in the manner provided by
130	130	Subchapter D, Chapter 49, Water Code.
131	131	Sec. 4000.0202. COMPENSATION; EXPENSES. (a) The district
132	132	may compensate each director in an amount not to exceed $150 for
133	133	each board meeting. The total amount of compensation for each
134	134	director in one year may not exceed $7,200.
135	135	(b) A director is entitled to reimbursement for necessary
136	136	and reasonable expenses incurred in carrying out the duties and
137	137	responsibilities of the board.
138	138	Sec. 4000.0203. INITIAL DIRECTORS. (a) The initial board
139	139	consists of the following directors:
140	140	Pos. No. Name of Director Pos. No. Name of Director
141	141	Pos. No. Name of Director
142	142	1 James Johnston 1 James Johnston
143	143	1 James Johnston
144	144	2 Felix Wong 2 Felix Wong
145	145	2 Felix Wong
146	146	3 Damian Perez 3 Damian Perez
147	147	3 Damian Perez
148	148	4 Buck Nguyen 4 Buck Nguyen
149	149	4 Buck Nguyen
150	150	5 Anna Stewart 5 Anna Stewart
151	151	5 Anna Stewart
152	152	(b) Of the initial directors, the terms of directors
153	153	appointed for positions one through three expire June 1, 2025, and
154	154	the terms of directors appointed for positions four and five expire
155	155	June 1, 2027.
156	156	SUBCHAPTER C. POWERS AND DUTIES
157	157	Sec. 4000.0301. GENERAL POWERS AND DUTIES. The district
158	158	has the powers and duties necessary to accomplish the purposes for
159	159	which the district is created.
160	160	Sec. 4000.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
161	161	district, using any money available to the district for the
162	162	purpose, may provide, design, construct, acquire, improve,
163	163	relocate, operate, maintain, or finance an improvement project or
164	164	service authorized under this chapter or under Chapter 375, Local
165	165	Government Code.
166	166	(b) The district may contract with a governmental or private
167	167	entity to carry out an action under Subsection (a).
168	168	(c) The implementation of a district project or service is a
169	169	governmental function or service for the purposes of Chapter 791,
170	170	Government Code.
171	171	Sec. 4000.0303. NONPROFIT CORPORATION. (a) The board by
172	172	resolution may authorize the creation of a nonprofit corporation to
173	173	assist and act for the district in implementing a project or
174	174	providing a service authorized by this chapter.
175	175	(b) The nonprofit corporation:
176	176	(1) has each power of and is considered to be a local
177	177	government corporation created under Subchapter D, Chapter 431,
178	178	Transportation Code; and
179	179	(2) may implement any project and provide any service
180	180	authorized by this chapter.
181	181	(c) The board shall appoint the board of directors of the
182	182	nonprofit corporation. The board of directors of the nonprofit
183	183	corporation shall serve in the same manner as the board of directors
184	184	of a local government corporation created under Subchapter D,
185	185	Chapter 431, Transportation Code, except that a board member is not
186	186	required to reside in the district.
187	187	Sec. 4000.0304. LAW ENFORCEMENT SERVICES. To protect the
188	188	public interest, the district may contract with a qualified party,
189	189	including the city, to provide law enforcement services in the
190	190	district for a fee.
191	191	Sec. 4000.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
192	192	The district may join and pay dues to a charitable or nonprofit
193	193	organization that performs a service or provides an activity
194	194	consistent with the furtherance of a district purpose.
195	195	Sec. 4000.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
196	196	district may engage in activities that accomplish the economic
197	197	development purposes of the district.
198	198	(b) The district may establish and provide for the
199	199	administration of one or more programs to promote state or local
200	200	economic development and to stimulate business and commercial
201	201	activity in the district, including programs to:
202	202	(1) make loans and grants of public money; and
203	203	(2) provide district personnel and services.
204	204	(c) The district may create economic development programs
205	205	and exercise the economic development powers provided to
206	206	municipalities by:
207	207	(1) Chapter 380, Local Government Code; and
208	208	(2) Subchapter A, Chapter 1509, Government Code.
209	209	Sec. 4000.0307. PARKING FACILITIES. (a) The district may
210	210	acquire, lease as lessor or lessee, construct, develop, own,
211	211	operate, and maintain parking facilities or a system of parking
212	212	facilities, including lots, garages, parking terminals, or other
213	213	structures or accommodations for parking motor vehicles off the
214	214	streets and related appurtenances.
215	215	(b) The district's parking facilities serve the public
216	216	purposes of the district and are owned, used, and held for a public
217	217	purpose even if leased or operated by a private entity for a term of
218	218	years.
219	219	(c) The district's parking facilities are parts of and
220	220	necessary components of a street and are considered to be a street
221	221	or road improvement.
222	222	(d) The development and operation of the district's parking
223	223	facilities may be considered an economic development program.
224	224	Sec. 4000.0308. ADDING OR EXCLUDING LAND. The district may
225	225	add or exclude land in the manner provided by Subchapter J, Chapter
226	226	49, Water Code, or by Subchapter H, Chapter 54, Water Code.
227	227	Sec. 4000.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
228	228	board by resolution shall establish the number of directors'
229	229	signatures and the procedure required for a disbursement or
230	230	transfer of district money.
231	231	Sec. 4000.0310. DIVISION OF DISTRICT. (a) The district may
232	232	be divided into two or more new districts only if the district:
233	233	(1) has no outstanding bonded debt; and
234	234	(2) is not imposing ad valorem taxes.
235	235	(b) This chapter applies to any new district created by the
236	236	division of the district, and a new district has all the powers and
237	237	duties of the district.
238	238	(c) Any new district created by the division of the district
239	239	may not, at the time the new district is created, contain any land
240	240	outside the area described by Section 2 of the Act enacting this
241	241	chapter.
242	242	(d) The board, on its own motion or on receipt of a petition
243	243	signed by the owner or owners of a majority of the assessed value of
244	244	the real property in the district, may adopt an order dividing the
245	245	district.
246	246	(e) An order dividing the district must:
247	247	(1) name each new district;
248	248	(2) include the metes and bounds description of the
249	249	territory of each new district;
250	250	(3) appoint initial directors for each new district;
251	251	and
252	252	(4) provide for the division of assets and liabilities
253	253	between or among the new districts.
254	254	(f) On or before the 30th day after the date of adoption of
255	255	an order dividing the district, the district shall file the order
256	256	with the Texas Commission on Environmental Quality and record the
257	257	order in the real property records of each county in which the
258	258	district is located.
259	259	(g) Any new district created by the division of the district
260	260	must hold an election as required by this chapter to obtain voter
261	261	approval before the district may impose a maintenance tax or issue
262	262	bonds payable wholly or partly from ad valorem taxes.
263	263	(h) Municipal consent to the creation of the district and to
264	264	the inclusion of land in the district granted under Section
265	265	4000.0506 acts as municipal consent to the creation of any new
266	266	district created by the division of the district and to the
267	267	inclusion of land in the new district.
268	268	Sec. 4000.0311. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
269	269	Section 375.161, Local Government Code, does not apply to the
270	270	district.
271	271	Sec. 4000.0312. EMINENT DOMAIN. The district may exercise
272	272	the power of eminent domain in the manner provided by Section
273	273	49.222, Water Code.
274	274	SUBCHAPTER D. ASSESSMENTS
275	275	Sec. 4000.0401. PETITION REQUIRED FOR FINANCING SERVICES
276	276	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
277	277	service or improvement project with assessments under this chapter
278	278	unless a written petition requesting that service or improvement
279	279	has been filed with the board.
280	280	(b) A petition filed under Subsection (a) must be signed by
281	281	the owners of a majority of the assessed value of real property in
282	282	the district subject to assessment according to the most recent
283	283	certified tax appraisal roll for the county.
284	284	Sec. 4000.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
285	285	The board by resolution may impose and collect an assessment for any
286	286	purpose authorized by this chapter in all or any part of the
287	287	district.
288	288	(b) An assessment, a reassessment, or an assessment
289	289	resulting from an addition to or correction of the assessment roll
290	290	by the district, penalties and interest on an assessment or
291	291	reassessment, an expense of collection, and reasonable attorney's
292	292	fees incurred by the district:
293	293	(1) are a first and prior lien against the property
294	294	assessed;
295	295	(2) are superior to any other lien or claim other than
296	296	a lien or claim for county, school district, or municipal ad valorem
297	297	taxes; and
298	298	(3) are the personal liability of and a charge against
299	299	the owners of the property even if the owners are not named in the
300	300	assessment proceedings.
301	301	(c) The lien is effective from the date of the board's
302	302	resolution imposing the assessment until the date the assessment is
303	303	paid. The board may enforce the lien in the same manner that the
304	304	board may enforce an ad valorem tax lien against real property.
305	305	(d) The board may make a correction to or deletion from the
306	306	assessment roll that does not increase the amount of assessment of
307	307	any parcel of land without providing notice and holding a hearing in
308	308	the manner required for additional assessments.
309	309	SUBCHAPTER E. TAXES AND BONDS
310	310	Sec. 4000.0501. TAX ELECTION REQUIRED. (a) The district
311	311	must hold an election in the manner provided by Chapter 49, Water
312	312	Code, or, if applicable, Chapter 375, Local Government Code, to
313	313	obtain voter approval before the district may impose an ad valorem
314	314	tax.
315	315	(b) Section 375.243, Local Government Code, does not apply
316	316	to the district.
317	317	Sec. 4000.0502. OPERATION AND MAINTENANCE TAX. (a) If
318	318	authorized by a majority of the district voters voting at an
319	319	election under Section 4000.0501, the district may impose an
320	320	operation and maintenance tax on taxable property in the district
321	321	in the manner provided by Section 49.107, Water Code, for any
322	322	district purpose, including to:
323	323	(1) maintain and operate the district;
324	324	(2) construct or acquire improvements; or
325	325	(3) provide a service.
326	326	(b) The board shall determine the operation and maintenance
327	327	tax rate. The rate may not exceed the rate approved at the
328	328	election.
329	329	Sec. 4000.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
330	330	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
331	331	terms determined by the board.
332	332	(b) The district may issue bonds, notes, or other
333	333	obligations payable wholly or partly from ad valorem taxes,
334	334	assessments, impact fees, revenue, contract payments, grants, or
335	335	other district money, or any combination of those sources of money,
336	336	to pay for any authorized district purpose.
337	337	(c) The district may issue, by public or private sale,
338	338	bonds, notes, or other obligations payable wholly or partly from
339	339	assessments in the manner provided by Subchapter A, Chapter 372,
340	340	Local Government Code, if the improvement financed by the
341	341	obligation issued under this section will be conveyed to or
342	342	operated and maintained by a municipality or other retail utility
343	343	provider pursuant to an agreement with the district entered into
344	344	before the issuance of the obligation.
345	345	Sec. 4000.0504. BONDS SECURED BY REVENUE OR CONTRACT
346	346	PAYMENTS. The district may issue, without an election, bonds
347	347	secured by:
348	348	(1) revenue other than ad valorem taxes, including
349	349	contract revenues; or
350	350	(2) contract payments, provided that the requirements
351	351	of Section 49.108, Water Code, have been met.
352	352	Sec. 4000.0505. BONDS SECURED BY AD VALOREM TAXES;
353	353	ELECTIONS. (a) If authorized at an election under Section
354	354	4000.0501, the district may issue bonds payable from ad valorem
355	355	taxes.
356	356	(b) At the time the district issues bonds payable wholly or
357	357	partly from ad valorem taxes, the board shall provide for the annual
358	358	imposition of a continuing direct annual ad valorem tax, without
359	359	limit as to rate or amount, for each year that all or part of the
360	360	bonds are outstanding as required and in the manner provided by
361	361	Sections 54.601 and 54.602, Water Code.
362	362	(c) All or any part of any facilities or improvements that
363	363	may be acquired by a district by the issuance of its bonds may be
364	364	submitted as a single proposition or as several propositions to be
365	365	voted on at the election.
366	366	Sec. 4000.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
367	367	board may not issue bonds until each municipality in whose
368	368	corporate limits or extraterritorial jurisdiction the district is
369	369	located has consented by ordinance or resolution to the creation of
370	370	the district and to the inclusion of land in the district.
371	371	(b) This section applies only to the district's first
372	372	issuance of bonds payable from ad valorem taxes.
373	373	SUBCHAPTER I. DISSOLUTION
374	374	Sec. 4000.0901. DISSOLUTION. (a) The board shall dissolve
375	375	the district on written petition filed with the board by the owners
376	376	of:
377	377	(1) 66 percent or more of the assessed value subject to
378	378	assessment by the district of the property in the district based on
379	379	the most recent certified county property tax rolls; or
380	380	(2) 66 percent or more of the surface area of the
381	381	district, excluding roads, streets, highways, utility
382	382	rights-of-way, other public areas, and other property exempt from
383	383	assessment by the district according to the most recent certified
384	384	county property tax rolls.
385	385	(b) The district may not be dissolved if the district:
386	386	(1) has any outstanding bonded or other indebtedness
387	387	until that bonded or other indebtedness has been repaid or defeased
388	388	in accordance with the order or resolution authorizing the issuance
389	389	of the bonded or other indebtedness;
390	390	(2) has a contractual obligation to pay money until
391	391	that obligation has been fully paid in accordance with the
392	392	contract; or
393	393	(3) owns, operates, or maintains public works,
394	394	facilities, or improvements unless the district has contracted with
395	395	another party for the ownership and operation or maintenance of the
396	396	public works, facilities, or improvements.
397	397	(c) Section 375.262, Local Government Code, does not apply
398	398	to the district.
399	399	SECTION 2. The Tabor Ranch Municipal Management District
400	400	initially includes all territory contained in the following area:
401	401	BEING, 599.392 ACRES OF LAND LOCATED IN THE S. WINFREY SURVEY,
402	402	ABSTRACT NUMBER 1319, DENTON COUNTY, TEXAS, BEING ALL OF THE TABOR
403	403	RANCH, LLC. CALLED 105.888 ACRE TRACT, ALL OF THE TABOR RANCH, LLC.
404	404	CALLED 21 ACRE TRACT, ALL OF THE TABOR RANCH, LLC. CALLED 52.437
405	405	ACRE TRACT, ALL OF THE TABOR RANCH, LLC. CALLED 177-1/2 ACRE TRACT
406	406	AND ALL OF THE TABOR RANCH, LLC. CALLED 173.93 ACRE TRACT AS
407	407	DESCRIBED IN DOCUMENT NUMBER 2010-12029 DEED RECORDS DENTON COUNTY,
408	408	TEXAS (D.R.D.C.T.), AND BEING A PART OF THE CALLED 70.892 ACRE
409	409	TRACT, DESCRIBED IN A DEED TO BEALL LEGACY PARTNERS, LP, RECORDED IN
410	410	INSTRUMENT NUMBER 148598, (D.R.D.C.T.) AND BEING MORE PARTICULARLY
411	411	DESCRIBED AS FOLLOWS BY METES AND BOUNDS:
412	412	BEGINNING AT A 1/2" IRON ROD FOUND IN THE APPROXIMATE INTERSECTION
413	413	OF THE CENTERLINE OF GEORGE OWENS (NO RECORD FOUND BY SURVEYOR) AND
414	414	THE SOUTH LINE OF OLD STONEY ROAD (NO RECORD FOUND BY SURVEYOR), IN
415	415	THE NORTH LINE OF THE BRYAN ANDERSON CALLED 125 ACRE TRACT RECORDED
416	416	IN VOLUME 358, PAGE 88 (D.R.D.C.T.) AND AT THE SOUTHEAST CORNER OF
417	417	SAID 52.437 ACRE TRACT);
418	418	THENCE SOUTH 89 DEGREES 53 MINUTES 21 SECONDS WEST, AT A DISTANCE OF
419	419	1710.80 FEET PASS A 1/2" IRON ROD FOUND IN THE SOUTH LINE OF SAID OLD
420	420	STONEY ROAD, AT THE NORTHWEST CORNER OF SAID 125 ACRE TRACT AND
421	421	BEING THE COMMON NORTHEAST CORNER OF THE FRED E. KENNEDY AND MARSHA
422	422	A. KENNEDY, CALLED 5.322 ACRE TRACT RECORDED IN INSTRUMENT NUMBER
423	423	1993-42458 (D.R.D.C.T.) CONTINUING ALONG THE SOUTH LINE OF OLD
424	424	STONEY ROAD AND THE NORTH LINE OF SAID 5.322 A TOTAL DISTANCE OF
425	425	1792.00 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET AT
426	426	THE SOUTHWEST CORNER OF SAID 52.437 ACRE TRACT SAME BEING THE COMMON
427	427	SOUTHEAST CORNER OF SAID 177-1/2 ACRE TRACT;
428	428	THENCE SOUTH 89 DEGREES 48 MINUTES 14 SECONDS WEST CONTINUING ALONG
429	429	THE SOUTH LINE OF SAID OLD STONEY ROAD, THE NORTH LINE OF SAID 5.322
430	430	ACRE TRACT, THE NORTH LINE OF THE MORADI ADDITION, AN ADDITION
431	431	RECORDED IN CABINET D, PAGE 69 PLAT RECORDS DENTON COUNTY, TEXAS,
432	432	THE NORTH LINE OF THE ANDREA BENNINGTON CALLED 5.286 ACRE TRACT
433	433	RECORDED IN VOLUME 5166, PAGE 3845 (D.R.D.C.T.), AND THE NORTH LINE
434	434	OF THE CAROL THOMAS CALLED 100 ACRE TRACT RECORDED IN DOCUMENT
435	435	NUMBER 95-0027698 (D.R.D.C.T.), A DISTANCE OF 1780.41 FEET TO A
436	436	1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET AT THE SOUTHWEST
437	437	CORNER OF SAID 177-1/2 ACRE TRACT FROM WHICH AN AXLE FOUND IN THE
438	438	SOUTH LINE OF SAID OLD STONEY ROAD, AT THE NORTHWEST CORNER OF SAID
439	439	100 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF THE PAUL S. NULL
440	440	AND JULIE K. NULL CALLED 4.005 ACRE TRACT RECORDED IN VOLUME 4186,
441	441	PAGE 315, (D.R.D.C.T.) BEARS SOUTH 89 DEGREES 48 MINUTES 14 SECONDS
442	442	WEST, A DISTANCE OF 1018.37 FEET;
443	443	THENCE NORTH 00 DEGREES 11 MINUTES 46 SECONDS WEST, ALONG THE WEST
444	444	LINE OF SAID 177-1/2 ACRE TRACT A DISTANCE OF 50.33 FEET TO A 3/8
445	445	IRON ROD FOUND (SLICK) IN THE NORTH LINE OF SAID OLD STONEY ROAD AND
446	446	AT THE SOUTHEAST CORNER OF SAID 173.93 ACRE TRACT;
447	447	THENCE SOUTH 89 DEGREES 55 MINUTES 21 SECONDS WEST ALONG THE SAID
448	448	NORTH LINE OF OLD STONEY ROAD A DISTANCE OF 1819.38 FEET TO A PIPE
449	449	FENCE CORNER (WITH FLAGGING) FOUND AT THE SOUTHWEST CORNER OF SAID
450	450	173.93 ACRE TRACT, SAME BEING THE COMMON SOUTHEAST CORNER OF THE J.
451	451	YOUNG LAND & CATTLE, LTD CALLED 153.86 ACRE TRACT RECORDED IN
452	452	INSTRUMENT NUMBER 2003-203076 (D.R.D.C.T.);
453	453	THENCE NORTH 00 DEGREES 02 MINUTES 53 SECONDS EAST, A DISTANCE OF
454	454	4165.36 FEET TO A 60D NAIL (FLAGGED) FOUND IN THE SOUTH LINE OF THE
455	455	DANIEL ROBERSON BYPASS TRUST SCHOOLFIELD CALLED 174.14 AC TRACT
456	456	RECORDED IN VOLUME 297, PG. 412 AT THE NORTHWEST CORNER OF SAID
457	457	173.93 ACRE TRACT SAME BEING THE COMMON NORTHEAST CORNER OF SAID
458	458	153.86 ACRE TRACT;
459	459	THENCE NORTH 89 DEGREES 45 MINUTES 22 SECONDS EAST, A DISTANCE OF
460	460	1818.76 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET IN
461	461	THE WEST LINE OF SAID 177-1/2 ACRE TRACT AT THE NORTHEAST CORNER OF
462	462	SAID 173.93 ACRE TRACT SAME BEING THE COMMON SOUTHEAST CORNER OF
463	463	SAID 174.14 ACRE TRACT;
464	464	THENCE NORTH 00 DEGREES 12 MINUTES 29 SECONDS EAST, A DISTANCE OF
465	465	153.04 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET IN
466	466	THE EAST LINE OF SAID 174.14 ACRE TRACT AT THE NORTHWEST CORNER OF
467	467	SAID 177-1/2 ACRE TRACT, AND BEING THE COMMON SOUTHWEST CORNER OF
468	468	THE RK & RK INVESTMENTS, INC. CALLED 79 ACRE TRACT RECORDED IN
469	469	INSTRUMENT NUMBER 2018-99798 (D.R.D.C.T.);
470	470	THENCE SOUTH 89 DEGREES 47 MINUTES 31 SECONDS EAST, A DISTANCE OF
471	471	1793.00 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTHEAST CORNER OF
472	472	SAID 79 ACRE TRACT, SAME BEING THE COMMON NORTHEAST CORNER OF SAID
473	473	177-1/2 ACRE TRACT, THE COMMON NORTHWEST CORNER OF SAID 105.888
474	474	ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF SAID 70.892 ACRE
475	475	TRACT;
476	476	THENCE NORTH 00 DEGREES 11 MINUTES 14 SECONDS EAST ALONG THE WEST
477	477	LINE OF SAID 70.892 ACRE TRACT AND THE COMMON EAST LINE OF SAID 79
478	478	ACRE TRACT, A DISTANCE OF 1670.02 FEET TO A A 1/2" IRON ROD WITH CAP
479	479	STAMPED "ONEAL 6570" SET AT THE SOUTHWEST CORNER OF A CALLED 4.4425
480	480	ACRE TRACT DESCRIBED IN A DEED TO THE STATE OF TEXAS, RECORDED IN
481	481	INSTRUMENT NUMBER 2008-33229, (D.R.D.C.T.), AND BEING THE SOUTH
482	482	RIGHT-OF-WAY LINE OF US HIGHWAY 380;
483	483	THENCE SOUTH 87 DEGREES 16 MINUTES 24 SECONDS EAST, ALONG THE SOUTH
484	484	RIGHT-OF-WAY LINE, A DISTANCE OF 1798.32 FEET TO A PK NAIL SET AT
485	485	THE SOUTHEAST CORNER OF SAID 4.4425 ACRE TRACT AND BEING IN THE EAST
486	486	LINE OF SAID 70.892 ACRE TRACT, AND BEING WITHIN GEORGE OWENS ROAD.
487	487	THENCE SOUTH 00 DEGREES 58 MINUTES 08 SECONDS WEST, ALONG THE EAST
488	488	LINE OF SAID 70.892 ACRE TRACT, A DISTANCE OF 1592.60 FEET TO 1/2"
489	489	IRON ROD WITH YELLOW CAP STAMPED "METROPLEX 1849" FOUND AT THE
490	490	SOUTHEAST CORNER OF SAID 70.892 ACRE TRACT, AND BEING INN THE NORTH
491	491	LINE OF SAID 105.888 ACRE TRACT;
492	492	THENCE SOUTH 89 DEGREES 44 MINUTES 46 SECONDS EAST, ALONG THE NORTH
493	493	LINE OF SAID 105.888 ACRE TRACT, A DISTANCE OF 19.16 FEET TO A 1/2"
494	494	IRON ROD WITH CAP STAMPED "ONEAL 6570" SET IN THE APPROXIMATE
495	495	CENTERLINE OF SAID GEORGE OWENS ROAD, SAME BEING THE WEST LINE OF
496	496	THE FONDER PROPERTIES, LLC CALLED 104.290 ACRE TRACT RECORDED IN
497	497	INSTRUMENT NUMBER 12243 (D.R.D.C.T.) AND BEING AT THE NORTHEAST
498	498	CORNER OF SAID 105.888 ACRE TRACT;
499	499	THENCE SOUTH 00 DEGREES 14 MINUTES 19 SECONDS WEST ALONG THE EAST
500	500	LINE OF SAID 105.888 ACRE TRACT SAME BEING THE COMMON WEST LINE OF
501	501	SAID 104.290 ACRE TRACT AND THE COMMON WEST LINE OF THE JOE B.
502	502	TINDLE AND WIFE ORLAN TINDLE CALLED 272.67 ACRE TRACT RECORDED IN
503	503	VOLUME 616, PAGE 338, (D.R.D.C.T.), A DISTANCE OF 3075.71 FEET TO A
504	504	1/2" IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID 105.888 ACRE
505	505	TRACT SAME BEING THE COMMON NORTHEAST CORNER OF THE SAID 52.437 ACRE
506	506	TRACT;
507	507	THENCE SOUTH 00 DEGREES 13 MINUTES 28 SECONDS WEST, CONTINUING
508	508	ALONG THE EAST LINE OF SAID 52.437 ACRE TRACT AND THE COMMON WEST
509	509	LINE OF SAID 272.67 ACRE TRACT, A DISTANCE OF 1274.32 FEET TO THE
510	510	POINT OF BEGINNING AND CONTAINING 599.392 ACRES OF LAND, MORE OF
511	511	LESS BEARINGS RECITED HEREIN ARE BASED UPON THE TEXAS COORDINATE
512	512	SYSTEM OF 1983 (2011), NORTH CENTRAL ZONE (4202).
513	513	SECTION 3. (a) The legal notice of the intention to
514	514	introduce this Act, setting forth the general substance of this
515	515	Act, has been published as provided by law, and the notice and a
516	516	copy of this Act have been furnished to all persons, agencies,
517	517	officials, or entities to which they are required to be furnished
518	518	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
519	519	Government Code.
520	520	(b) The governor, one of the required recipients, has
521	521	submitted the notice and Act to the Texas Commission on
522	522	Environmental Quality.
523	523	(c) The Texas Commission on Environmental Quality has filed
524	524	its recommendations relating to this Act with the governor,
525	525	lieutenant governor, and speaker of the house of representatives
526	526	within the required time.
527	527	(d) All requirements of the constitution and laws of this
528	528	state and the rules and procedures of the legislature with respect
529	529	to the notice, introduction, and passage of this Act have been
530	530	fulfilled and accomplished.
531	531	SECTION 4. (a) Section 4000.0312, Special District Local
532	532	Laws Code, as added by Section 1 of this Act, takes effect only if
533	533	this Act receives a two-thirds vote of all the members elected to
534	534	each house.
535	535	(b) If this Act does not receive a two-thirds vote of all the
536	536	members elected to each house, Subchapter C, Chapter 4000, Special
537	537	District Local Laws Code, as added by Section 1 of this Act, is
538	538	amended by adding Section 4000.0312 to read as follows:
539	539	Sec. 4000.0312. NO EMINENT DOMAIN POWER. The district may
540	540	not exercise the power of eminent domain.
541	541	SECTION 5. This Act takes effect immediately if it receives
542	542	a vote of two-thirds of all the members elected to each house, as
543	543	provided by Section 39, Article III, Texas Constitution. If this
544	544	Act does not receive the vote necessary for immediate effect, this
545	545	Act takes effect September 1, 2023.
546	546	* * * * *
547	547
548	548	Pos. No. Name of Director
549	549
550	550	1 James Johnston
551	551
552	552	2 Felix Wong
553	553
554	554	3 Damian Perez
555	555
556	556	4 Buck Nguyen
557	557
558	558	5 Anna Stewart