TX
Texas House Bill HB5392

Texas 2023 - 88th Regular

Texas House Bill HB5392 Compare Versions

OldNewDifferences
11 H.B. No. 5392
22
33
44 AN ACT
55 relating to the creation of the Highland Park Municipal Utility
66 District of Grayson County; granting a limited power of eminent
77 domain; providing authority to issue bonds; providing authority to
88 impose assessments, fees, and taxes.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1111 Code, is amended by adding Chapter 8000A to read as follows:
1212 CHAPTER 8000A. HIGHLAND PARK MUNICIPAL UTILITY DISTRICT OF GRAYSON
1313 COUNTY
1414 SUBCHAPTER A. GENERAL PROVISIONS
1515 Sec. 8000A.0101. DEFINITIONS. In this chapter:
1616 (1) "Board" means the district's board of directors.
1717 (2) "Commission" means the Texas Commission on
1818 Environmental Quality.
1919 (3) "Director" means a board member.
2020 (4) "District" means the Highland Park Municipal
2121 Utility District of Grayson County.
2222 Sec. 8000A.0102. NATURE OF DISTRICT. The district is a
2323 municipal utility district created under Section 59, Article XVI,
2424 Texas Constitution.
2525 Sec. 8000A.0103. CONFIRMATION AND DIRECTOR ELECTION
2626 REQUIRED. The temporary directors shall hold an election to
2727 confirm the creation of the district and to elect five permanent
2828 directors as provided by Section 49.102, Water Code.
2929 Sec. 8000A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3030 temporary directors may not hold an election under Section
3131 8000A.0103 until each municipality in whose corporate limits or
3232 extraterritorial jurisdiction the district is located has
3333 consented by ordinance or resolution to the creation of the
3434 district and to the inclusion of land in the district as required by
3535 applicable law.
3636 Sec. 8000A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3737 (a) The district is created to serve a public purpose and benefit.
3838 (b) The district is created to accomplish the purposes of:
3939 (1) a municipal utility district as provided by
4040 general law and Section 59, Article XVI, Texas Constitution; and
4141 (2) Section 52, Article III, Texas Constitution, that
4242 relate to the construction, acquisition, improvement, operation,
4343 or maintenance of macadamized, graveled, or paved roads, or
4444 improvements, including storm drainage, in aid of those roads.
4545 Sec. 8000A.0106. INITIAL DISTRICT TERRITORY. (a) The
4646 district is initially composed of the territory described by
4747 Section 2 of the Act enacting this chapter.
4848 (b) The boundaries and field notes contained in Section 2 of
4949 the Act enacting this chapter form a closure. A mistake made in the
5050 field notes or in copying the field notes in the legislative process
5151 does not affect the district's:
5252 (1) organization, existence, or validity;
5353 (2) right to issue any type of bond for the purposes
5454 for which the district is created or to pay the principal of and
5555 interest on a bond;
5656 (3) right to impose a tax; or
5757 (4) legality or operation.
5858 SUBCHAPTER B. BOARD OF DIRECTORS
5959 Sec. 8000A.0201. GOVERNING BODY; TERMS. (a) The district
6060 is governed by a board of five elected directors.
6161 (b) Except as provided by Section 8000A.0202, directors
6262 serve staggered four-year terms.
6363 Sec. 8000A.0202. TEMPORARY DIRECTORS. (a) On or after
6464 September 1, 2023, the owner or owners of a majority of the assessed
6565 value of the real property in the district may submit a petition to
6666 the commission requesting that the commission appoint as temporary
6767 directors the five persons named in the petition. The commission
6868 shall appoint as temporary directors the five persons named in the
6969 petition.
7070 (b) Temporary directors serve until the earlier of:
7171 (1) the date permanent directors are elected under
7272 Section 8000A.0103; or
7373 (2) September 1, 2027.
7474 (c) If permanent directors have not been elected under
7575 Section 8000A.0103 and the terms of the temporary directors have
7676 expired, successor temporary directors shall be appointed or
7777 reappointed as provided by Subsection (d) to serve terms that
7878 expire on the earlier of:
7979 (1) the date permanent directors are elected under
8080 Section 8000A.0103; or
8181 (2) the fourth anniversary of the date of the
8282 appointment or reappointment.
8383 (d) If Subsection (c) applies, the owner or owners of a
8484 majority of the assessed value of the real property in the district
8585 may submit a petition to the commission requesting that the
8686 commission appoint as successor temporary directors the five
8787 persons named in the petition. The commission shall appoint as
8888 successor temporary directors the five persons named in the
8989 petition.
9090 SUBCHAPTER C. POWERS AND DUTIES
9191 Sec. 8000A.0301. GENERAL POWERS AND DUTIES. The district
9292 has the powers and duties necessary to accomplish the purposes for
9393 which the district is created.
9494 Sec. 8000A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9595 DUTIES. The district has the powers and duties provided by the
9696 general law of this state, including Chapters 49 and 54, Water Code,
9797 applicable to municipal utility districts created under Section 59,
9898 Article XVI, Texas Constitution.
9999 Sec. 8000A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100100 Section 52, Article III, Texas Constitution, the district may
101101 design, acquire, construct, finance, issue bonds for, improve,
102102 operate, maintain, and convey to this state, a county, or a
103103 municipality for operation and maintenance macadamized, graveled,
104104 or paved roads, or improvements, including storm drainage, in aid
105105 of those roads.
106106 Sec. 8000A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107107 road project must meet all applicable construction standards,
108108 zoning and subdivision requirements, and regulations of each
109109 municipality in whose corporate limits or extraterritorial
110110 jurisdiction the road project is located.
111111 (b) If a road project is not located in the corporate limits
112112 or extraterritorial jurisdiction of a municipality, the road
113113 project must meet all applicable construction standards,
114114 subdivision requirements, and regulations of each county in which
115115 the road project is located.
116116 (c) If the state will maintain and operate the road, the
117117 Texas Transportation Commission must approve the plans and
118118 specifications of the road project.
119119 Sec. 8000A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120120 ORDINANCE OR RESOLUTION. The district shall comply with all
121121 applicable requirements of any ordinance or resolution that is
122122 adopted under Section 54.016 or 54.0165, Water Code, and that
123123 consents to the creation of the district or to the inclusion of land
124124 in the district.
125125 Sec. 8000A.0306. DIVISION OF DISTRICT. (a) The board, on
126126 its own motion or on receipt of a petition signed by the owner or
127127 owners of a majority of the assessed value of the real property in
128128 the district, may adopt an order dividing the district.
129129 (b) An order dividing a district may create one or more new
130130 districts and may provide for the continuation of the district.
131131 (c) An order dividing the district shall:
132132 (1) name any new district;
133133 (2) include the metes and bounds description of the
134134 territory of each of the districts;
135135 (3) appoint temporary directors for any new district;
136136 and
137137 (4) provide for the division of assets and liabilities
138138 between the districts.
139139 (d) The board may adopt an order dividing the district
140140 before or after the date the board holds an election to confirm the
141141 district's creation.
142142 (e) The district may be divided only if the district:
143143 (1) has no outstanding bonded debt; and
144144 (2) is not imposing ad valorem taxes.
145145 (f) A new district created by the division of the district
146146 may not, at the time the new district is created, contain any land
147147 outside the area described by Section 2 of the Act enacting this
148148 chapter.
149149 (g) On or before the 30th day after the date of adoption of
150150 an order dividing the district, the district shall file the order
151151 with the commission and record the order in the real property
152152 records of each county in which the district is located.
153153 (h) This chapter applies to any new district created by the
154154 division of the district, and a new district has all the powers and
155155 duties of the district.
156156 (i) A new district created by the division of the district
157157 shall hold a confirmation and directors' election.
158158 (j) If the creation of the new district is confirmed, the
159159 new district shall provide the election date and results to the
160160 commission.
161161 (k) A new district created by the division of the district
162162 must hold an election as required by this chapter to obtain voter
163163 approval before the district may impose a maintenance tax or issue
164164 bonds payable wholly or partly from ad valorem taxes.
165165 (l) The district may continue to rely on confirmation,
166166 directors', bond, or tax elections held prior to the division.
167167 (m) Municipal consent to the creation of the district and to
168168 the inclusion of land in the district acts as municipal consent to
169169 the creation of any new district created by the division of the
170170 district and to the inclusion of land in the new district.
171171 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
172172 Sec. 8000A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
173173 The district may issue, without an election, bonds and other
174174 obligations secured by:
175175 (1) revenue other than ad valorem taxes; or
176176 (2) contract payments described by Section
177177 8000A.0403.
178178 (b) The district must hold an election in the manner
179179 provided by Chapters 49 and 54, Water Code, to obtain voter approval
180180 before the district may impose an ad valorem tax or issue bonds
181181 payable from ad valorem taxes.
182182 (c) The district may not issue bonds payable from ad valorem
183183 taxes to finance a road project unless the issuance is approved by a
184184 vote of a two-thirds majority of the district voters voting at an
185185 election held for that purpose.
186186 Sec. 8000A.0402. OPERATION AND MAINTENANCE TAX. (a) If
187187 authorized at an election held under Section 8000A.0401, the
188188 district may impose an operation and maintenance tax on taxable
189189 property in the district in accordance with Section 49.107, Water
190190 Code.
191191 (b) The board shall determine the tax rate. The rate may not
192192 exceed the rate approved at the election.
193193 Sec. 8000A.0403. CONTRACT TAXES. (a) In accordance with
194194 Section 49.108, Water Code, the district may impose a tax other than
195195 an operation and maintenance tax and use the revenue derived from
196196 the tax to make payments under a contract after the provisions of
197197 the contract have been approved by a majority of the district voters
198198 voting at an election held for that purpose.
199199 (b) A contract approved by the district voters may contain a
200200 provision stating that the contract may be modified or amended by
201201 the board without further voter approval.
202202 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203203 Sec. 8000A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
204204 OBLIGATIONS. The district may issue bonds or other obligations
205205 payable wholly or partly from ad valorem taxes, impact fees,
206206 revenue, contract payments, grants, or other district money, or any
207207 combination of those sources, to pay for any authorized district
208208 purpose.
209209 Sec. 8000A.0502. TAXES FOR BONDS. At the time the district
210210 issues bonds payable wholly or partly from ad valorem taxes, the
211211 board shall provide for the annual imposition of a continuing
212212 direct ad valorem tax, without limit as to rate or amount, while all
213213 or part of the bonds are outstanding as required and in the manner
214214 provided by Sections 54.601 and 54.602, Water Code.
215215 Sec. 8000A.0503. BONDS FOR ROAD PROJECTS. At the time of
216216 issuance, the total principal amount of bonds or other obligations
217217 issued or incurred to finance road projects and payable from ad
218218 valorem taxes may not exceed one-fourth of the assessed value of the
219219 real property in the district.
220220 SECTION 2. The Highland Park Municipal Utility District of
221221 Grayson County initially includes all the territory contained in
222222 the following area:
223223 NORTH TRACT:
224224 BEING all that certain tract of land situated in the ROBERT THOMPSON
225225 SURVEY, ABSTRACT NO. 1199, the ELIZABETH JONES SURVEY, ABSTRACT NO.
226226 625, the THOMAS JONES SURVEY, ABSTRACT NO. 635, and the WILLIAM
227227 MARTIN SURVEY, Abstract NO. 765, Grayson County, Texas, and being
228228 all that certain tract conveyed as North Tract to TLS Investments,
229229 L.P., by deed recorded in 2017-27776, Official Public Records,
230230 Grayson County, Texas, and being all that certain tract of land
231231 conveyed to TLS Investments. L.P., by deeds recorded in Instrument
232232 No. 2017-27771 and 2017- 27765, said Official Public Records, and
233233 being more particularly described as follows:
234234 BEGINNING at a 1/2 inch iron rod with yellow cap found for the
235235 Northeast corner of the herein described tract, same being the
236236 Northeast corner of said TLS tract (2017-27771), same being in the
237237 intersection of OB Groner Road (prescriptive right-of-way) and
238238 Bradley Road (prescriptive right-of-way), same being the Southeast
239239 corner of that certain tract of land conveyed to Huy Quach and
240240 Charles Shao Wu, by deed recorded in Volume 3260, Page 62, said Deed
241241 Records, same being in the Westerly line of that certain tract of
242242 land conveyed to Munson Realty Co., by deed (no recording
243243 information found);
244244 THENCE South 14 deg. 18 min. 06 sec. East, along the common line of
245245 said TLS tract (2017-27771) and said Munson tract, same being the
246246 approximate centerline of said Bradley Road, a distance of 3060.97
247247 feet to a railroad spike found for internal corner, same being in
248248 the intersection of said Bradley Road and Old Dorchester Road
249249 (prescriptive right-of-way), same being the Southwest corner of
250250 said Munson tract;
251251 THENCE continuing along the common line of said TLS tract
252252 (2017-27771) and said Munson tract, same being the approximate
253253 centerline of said Old Dorchester Road as follows:
254254 North 55 deg. 30 min. 26 sec. East, a distance of 98.77 feet to a 1/2
255255 inch iron rod with yellow "RPLS 4709" cap found for angle point;
256256 North 83 deg. 18 min. 49 sec. East, a distance of 764.38 feet to a
257257 nail set with shiner for corner, same being the most Northerly
258258 Northwest corner of that certain tract of land conveyed to Trinidad
259259 Ranch, LLC, by deed recorded in Instrument No. 2016- 26898, said
260260 Official Public Records;
261261 THENCE along the common line of said TLS tract (2017-27771) and said
262262 Trinidad tract as follows:
263263 South 21 deg. 07 min. 44 sec. West, a distance of 229.00 feet to an
264264 angle point;
265265 South 09 deg. 44 min. 43 sec. West, a distance of 117.88 feet to an
266266 angle point;
267267 South 76 deg. 29 min. 42 sec. West, a distance of 65.94 feet to an
268268 angle point;
269269 South 81 deg. 19 min. 47 sec. West, a distance of 60.87 feet to an
270270 angle point;
271271 South 69 deg. 58 min. 43 sec. West, a distance of 259.82 feet to an
272272 angle point;
273273 South 05 deg. 47 min. 15 sec. East, a distance of 235.24 feet to an
274274 angle point;
275275 South 79 deg. 01 min. 46 sec. West, a distance of 26.33 feet to an
276276 angle point;
277277 South 39 deg. 40 min. 43 sec. West, a distance of 81.98 feet to an
278278 angle point;
279279 South 53 deg. 03 min. 44 sec. West, a distance of 136.31 feet to a 4
280280 inch Bois D'Arc fence post found for corner;
281281 South 15 deg. 10 min. 32 sec. East, passing the Southwest corner of
282282 said Trinidad tract, same being the Northwest corner of that
283283 certain tract of land conveyed to Paul Wayne Griffin and wife,
284284 Debbie A. Griffin, by deed recorded in Volume 4844, Page 892, Deed
285285 Records, Grayson County, Texas, and continuing along the common
286286 line of said TLS tract (2017-27771) and said Griffin tract, a total
287287 distance of 1,833.15 feet to a 12 inch Bois D'Arc fence post found
288288 for internal corner;
289289 THENCE continuing along the common line of said TLS tract
290290 (2017-27771) and said Paul Griffin tract as follows:
291291 North 89 deg. 22 min. 07 sec. East, a distance of 427.41 feet to a
292292 5/8 inch iron rod with yellow "COX 4577" cap found for corner;
293293 South 11 deg. 02 min. 02 sec. East, a distance of 469.42 feet to a
294294 5/8 inch iron rod with yellow "COX 4577" cap found for the Southwest
295295 corner of said Paul Griffin tract, same being the Northwest corner
296296 of that certain tract of land conveyed to Larry Ford Griffin and
297297 Cindy Griffin, by deed recorded in Volume 4844, Page 887, said Deed
298298 Records;
299299 THENCE along the common line of said TLS tract (2017-27771) and said
300300 Larry Griffin tract as follows:
301301 South 11 deg. 04 min. 24 sec. East, a distance of 1,036.52 feet to a
302302 5/8 inch iron rod with yellow "COX 4577" cap found for corner;
303303 South 66 deg. 30 min. 49 sec. West, a distance of 305.14 feet to a
304304 5/8 inch iron rod with yellow "COX 4577" cap found for corner;
305305 South 13 deg. 19 min. 12 sec. East, passing a Southeast corner of
306306 said TLS tract (2017-27771), same being that certain tract of land
307307 conveyed as "North Tract" to TLS Investments, L.P., by deed
308308 recorded in Instrument Number 2017-27776, said Official Public
309309 Records, and continuing along the common line of said North Tract
310310 and said Larry Griffin tract, a total distance of 535.64 feet to a
311311 5/8 inch iron rod with yellow "COX 4577" cap found for corner;
312312 THENCE North 86 deg. 45 min. 56 sec. East, continuing along the
313313 common line of said North Tract and said Larry Griffin tract,
314314 passing a 5/8 inch iron rod with yellow "COX 4577" cap found for the
315315 most Southerly Southeast corner of said Larry Griffin tract, same
316316 being the most Westerly corner of that certain tract of land
317317 conveyed to Andrew Ford Griffin and Kimberly Griffin, by deed
318318 recorded in Volume 5178, Page 408, said Deed Records, and
319319 continuing along the common line of said North Tract, a total
320320 distance of 1,278.43 feet to a 1/2 inch square pipe found for
321321 corner;
322322 THENCE along the common line of said North Tract and said Andrew
323323 Griffin tract as follows:
324324 South 15 deg. 22 min. 45 sec. East, a distance of 238.74 feet to a
325325 1/2 inch square pipe found for corner;
326326 North 88 deg. 40 min. 47 sec. East, a distance of 415.09 feet to a
327327 cotton spindle found for the most Easterly corner of said North
328328 Tract;
329329 South 22 deg. 39 min. 03 sec. West, passing the most Southerly
330330 corner of said Andrew Griffin tract, same being the Northwest
331331 corner of that certain tract of land conveyed to Fort Dallas, LLC,
332332 by deed recorded in Volume 5401, Page 745, said Deed Records, and
333333 continuing along the common line of said North Tract and said Fort
334334 tract, a total distance of 473.96 feet to an 'X' cut found on bridge
335335 for corner;
336336 THENCE South 16 deg. 47 min. 39 sec. West, continuing along the
337337 common line of said North Tract and said Fort tract, a distance of
338338 244.73 feet to a 5/8 inch iron rod found for the Southeast corner of
339339 said North Tract, same being the Southwest corner of said Fort
340340 tract, same being in the Northerly right-of-way line of Red River,
341341 Texas & Southern Railway Co., as described in deed recorded in
342342 Volume 136, Page 531, Deed Records, Grayson County;
343343 THENCE along the common line of said North Tract and said Railroad
344344 as follows:
345345 North 84 deg. 47 min. 46 sec. West, a distance of 1,878.81 feet to a
346346 T-post found for the beginning of a curve to the left, having a
347347 radius of 3148.25 feet and a central angle of 23 deg. 46 min. 40
348348 sec.;
349349 Along said curve to the left, an arc distance of 1306.53 feet and a
350350 chord bearing and distance of South 83 deg. 18 min. 54 sec. West,
351351 1297.17 feet to an angle point;
352352 South 71 deg. 54 min. 14 sec. West, passing a Southwest corner of
353353 said North Tract, same being the most Southerly Southeast corner of
354354 aforesaid TLS tract (2017-27765), and continuing along the common
355355 line of said TLS tract (2017-27765) and said Railroad, a total
356356 distance of 4,608.36 feet to a point for the Southwest corner of
357357 said TLS tract (2017-27765), same being the Southeast corner of
358358 that certain tract of land conveyed to Hayden Head, by deed recorded
359359 in Volume 364, Page 641, said Deed Records, same being in the
360360 approximate centerline of aforesaid Old Dorchester Road;
361361 THENCE North 14 deg. 25 min. 48 sec. West, along the common line of
362362 said TLS tract (2017-27765) and said Head tract, same being the
363363 approximate centerline of said Old Dorchester Road, passing the
364364 Northeast corner of said Head tract, same being the Southeast
365365 corner of that certain tract of land conveyed to Greg A. Akins, by
366366 deed recorded in Volume 2263, Page 966, said Deed Records, and
367367 continuing along the common line of said TLS tract (2017-27765) and
368368 said Akins tract (Volume 2263, Page 966), same being in the
369369 approximate centerline of said Old Dorchester Road, a total
370370 distance of 1,472.90 feet to a 1/2 inch iron rod found for corner,
371371 same being the Southerly corner of that certain tract of land
372372 conveyed to Greg A. Akins and wife, J. Sue Akins, by deed recorded
373373 in Volume 2792, Page 423, said Deed Records;
374374 THENCE North 31 deg. 18 min. 57 sec. East, along the common line of
375375 said TLS tract (2017-27765) and said Akins tract (Volume 2792, Page
376376 423), same being the approximate centerline of said Old Dorchester
377377 Road, a distance of 330.93 feet to a nail found for corner, same
378378 being in the West corner of that certain tract of land conveyed to
379379 Travis W. Norris and wife, Tammy Norris, by deed recorded in Volume
380380 5622, Page 745, said Deed Records;
381381 THENCE along the common line of said TLS tract (2017-27765) and said
382382 Norris tract as follows:
383383 South 58 deg. 39 min. 44 sec. East, a distance of 725.99 feet to a
384384 1/2 inch iron rod with yellow cap found for internal corner, same
385385 being the South corner of said Norris tract;
386386 North 31 deg. 17 min. 15 sec. East, a distance of 299.88 feet to a
387387 1/2 inch iron rod with yellow cap found for internal corner, same
388388 being the East corner of said Norris tract;
389389 North 58 deg. 39 min. 31 sec. West, a distance of 725.79 feet to a
390390 nail found for corner, same being the North corner of said Norris
391391 tract, same being in the approximate centerline of said Old
392392 Dorchester Road, same being in the Southeasterly line of aforesaid
393393 Akins tract (Volume 2792, Page 423);
394394 THENCE North 31 deg. 18 min. 16 sec. East, along the common line of
395395 said TLS tract (2017-27765) and said Akins tract (Volume 2792, Page
396396 423), same being the approximate centerline of said Old Dorchester
397397 Road, a distance of 324.82 feet to a nail found for internal corner,
398398 same being the Easterly corner of said Akins tract (Volume 2792,
399399 Page 423), same being in the intersection of said Old Dorchester
400400 Road and Rockport Road (prescriptive right-of-way);
401401 THENCE North 81 deg. 18 min. 50 sec. West, along the common line of
402402 said TLS tract (2017-27765) and said Akins tract (Volume 2792, Page
403403 423), same being the approximate centerline of said Rockport Road,
404404 a distance of 185.87 feet to a point for corner, same being a
405405 Southerly corner of that certain tract of land conveyed to Oscar
406406 Husky Estate, by deed recorded in Volume 626, Page 473, said Deed
407407 Records;
408408 THENCE along the common line of said TLS tract (2017-27765) and said
409409 Husky tract as follows:
410410 North 05 deg. 26 min. 14 sec. East, a distance of 59.18 feet to an
411411 angle point;
412412 North 52 deg. 03 min. 20 sec. East, a distance of 30.07 feet to an
413413 angle point;
414414 North 11 deg. 38 min. 16 sec. East, a distance of 57.12 feet to an
415415 angle point;
416416 North 70 deg. 04 min. 16 sec. East, a distance of 29.09 feet to an
417417 angle point;
418418 South 48 deg. 46 min. 02 sec. East, a distance of 14.38 feet to an
419419 angle point;
420420 North 31 deg. 17 min. 03 sec. East, a distance of 38.55 feet to an
421421 angle point;
422422 North 07 deg. 25 min. 20 sec. West, a distance of 32.71 feet to an
423423 angle point;
424424 North 68 deg. 01 min. 45 sec. West, a distance of 21.18 feet to an
425425 angle point;
426426 North 26 deg. 16 min. 44 sec. East, a distance of 47.54 feet to an
427427 angle point;
428428 North 03 deg. 32 min. 56 sec. East, a distance of 24.51 feet to an
429429 angle point;
430430 North 31 deg. 32 min. 33 sec. East, a distance of 97.23 feet to an
431431 angle point;
432432 North 11 deg. 07 min. 33 sec. West, a distance of 40.09 feet to an
433433 angle point;
434434 North 63 deg. 40 min. 55 sec. East, a distance of 30.81 feet to an
435435 angle point;
436436 South 66 deg. 04 min. 31 sec. East, a distance of 62.82 feet to an
437437 angle point;
438438 North 64 deg. 06 min. 15 sec. East, a distance of 18.57 feet to an
439439 angle point;
440440 North 15 deg. 10 min. 19 sec. East, a distance of 121.76 feet to an
441441 angle point;
442442 North 35 deg. 28 min. 24 sec. West, a distance of 46.86 feet to an
443443 angle point;
444444 North 49 deg. 13 min. 59 sec. East, a distance of 25.57 feet to an
445445 angle point;
446446 North 13 deg. 45 min. 42 sec. West, a distance of 26.92 feet to an
447447 angle point;
448448 North 49 deg. 43 min. 51 sec. East, a distance of 14.26 feet to an
449449 angle point;
450450 North 83 deg. 42 min. 04 sec. East, a distance of 16.90 feet to an
451451 angle point;
452452 North 52 deg. 14 min. 49 sec. East, a distance of 24.84 feet to an
453453 angle point;
454454 North 75 deg. 25 min. 35 sec. East, a distance of 21.34 feet to an
455455 angle point;
456456 North 38 deg. 52 min. 04 sec. East, a distance of 25.64 feet to an
457457 angle point;
458458 North 30 deg. 42 min. 08 sec. West, a distance of 36.25 feet to an
459459 angle point;
460460 North 13 deg. 04 min. 20 sec. East, a distance of 15.83 feet to an
461461 angle point;
462462 North 67 deg. 57 min. 13 sec. East, a distance of 28.93 feet to an
463463 angle point;
464464 North 14 deg. 29 min. 10 sec. East, a distance of 22.99 feet to an
465465 angle point;
466466 North 30 deg. 44 min. 13 sec. West, a distance of 62.60 feet to an
467467 angle point;
468468 North 44 deg. 11 min. 04 sec. East, a distance of 17.39 feet to an
469469 angle point;
470470 North 87 deg. 21 min. 15 sec. East, a distance of 52.43 feet to an
471471 angle point;
472472 North 47 deg. 25 min. 46 sec. East, a distance of 66.28 feet to an
473473 angle point;
474474 North 31 deg. 13 min. 07 sec. East, a distance of 47.82 feet to an
475475 angle point;
476476 North 09 deg. 07 min. 01 sec. East, a distance of 80.54 feet to an
477477 angle point;
478478 South 72 deg. 04 min. 44 sec. East, a distance of 29.73 feet to an
479479 angle point;
480480 North 52 deg. 20 min. 27 sec. East, a distance of 39.02 feet to a
481481 point for corner, same being the Southwest corner of that certain
482482 tract of land conveyed as Tract 1 to Reginald B. Smith, Sr., by deed
483483 recorded in Instrument No. 2018-7027, aforesaid Official Public
484484 Records;
485485 THENCE South 43 deg. 03 min. 16 sec. East, along the common line of
486486 said TLS tract (2017-27765) and said Tract 1, a distance of 256.95
487487 feet to a 1/2 inch iron rod set with "Peiser & Mankin SURV" red
488488 plastic cap (hereinafter referred to as 1/2 inch iron rod set) for
489489 corner, same being the South corner of said Tract 1, same being in
490490 the approximate centerline of aforesaid Old Dorchester Road;
491491 THENCE North 47 deg. 07 min. 49 sec. East, continuing along the
492492 common line of said TLS tract (2017-27765) and said Tract 1, same
493493 being the approximate centerline of said Old Dorchester Road,
494494 passing the approximate centerline of said Old Dorchester Road,
495495 continuing along the common line of said TLS tract (2017-27765) and
496496 said Tract 1, a total distance of 968.76 feet to a 1/2 inch iron rod
497497 found for the most Northerly Northeast corner of said TLS tract
498498 (2017-27765), same being in the Westerly line of aforesaid North
499499 Tract;
500500 THENCE North 16 deg. 06 min. 36 sec. West, continuing along the
501501 common line of said TLS tract (2017-27765) and said Tract 1, passing
502502 the approximate centerline of said Old Dorchester Road, and
503503 continuing along the common line of said TLS tract (2017-27765) and
504504 said Tract 1, a total distance of 573.78 feet to a 1/2 inch iron rod
505505 set for the most Westerly Northwest corner of said North Tract, same
506506 being the Northeast corner of said Smith tract, same being in the
507507 Southerly line of that certain tract of land conveyed as "Tract 2"
508508 to Reginald B. Smith, SR., by said deed recorded in Instrument
509509 No. 2018-7027, said Official Public Records;
510510 THENCE North 75 deg. 41 min. 06 sec. East, along the common line of
511511 said TLS tract (2017-27765) and said Tract 2, passing the
512512 approximate centerline of aforesaid Old Dorchester Road, and
513513 continuing along the common line of said TLS tract (2017- 27765) and
514514 said Tract 2, same being the approximate centerline of aforesaid
515515 Old Dorchester Road, passing the Southeast corner of said Tract 2,
516516 same being the Southwest corner of that certain tract of land
517517 conveyed to Reginald B. Smith, SR., by deed recorded in Volume 1147,
518518 Page 682, said Deed Records, and continuing along the common line of
519519 said TLS tract (2017- 27765) and said Smith tract (Volume 1147, Page
520520 682), same being the approximate centerline of said Old Dorchester
521521 Road, a total distance of 1,736.90 feet to a 1/2 inch iron rod set
522522 for corner, same being a Westerly corner of aforesaid TLS tract
523523 (2017- 27771);
524524 THENCE along the common line of said TLS tract (2017-27771) and said
525525 Smith tract (Volume 1147, Page 682), same being the approximate
526526 centerline of said Old Dorchester Road as follows:
527527 North 60 deg. 18 min. 29 sec. East, a distance of 25.44 feet to a
528528 point for angle point;
529529 North 60 deg. 19 min. 06 sec. East, a distance of 700.00 feet to a
530530 1/2 inch iron rod set for angle point;
531531 North 53 deg. 15 min. 03 sec. East, a distance of 589.19 feet to an
532532 angle point; North 38 deg. 20 min. 15 sec. East, a distance of
533533 420.18 feet to an angle point; North 08 deg. 03 min. 54 sec. West, a
534534 distance of 641.82 feet to an angle point;
535535 North 55 deg. 30 min. 26 sec. East, a distance of 251.79 feet to a
536536 point for corner, same being the most Easterly Southeast corner of
537537 said Smith tract (Volume 1147, Page 682);
538538 THENCE North 14 deg. 23 min. 36 sec. West, continuing along the
539539 common line of said TLS tract (2017-27771) and said Smith tract
540540 (Volume 1147, Page 682), a distance of 3,228.79 feet to a point for
541541 the most Northerly Northwest corner of said TLS tract (2017-27771),
542542 same being in the approximate centerline of aforesaid OB Groner
543543 Road, same being in the Southerly line of Western Acres Addition
544544 Installment No. 2, an addition to Grayson County, Texas, according
545545 to the plat thereof recorded in Volume 6, Page 12, Plat Records,
546546 Grayson County, Texas;
547547 THENCE North 74 deg. 53 min. 30 sec. East, along the common line of
548548 said TLS tract (2017-27771) and said Western Acres Addition
549549 Installment No. 2, same being the approximate centerline of said OB
550550 Groner Road, passing the Southeast corner of said Western Acres
551551 Addition Installment No. 2, same being the Southwest corner of
552552 aforesaid Quach tract, and continuing along the common line of said
553553 TLS tract (2017-27771) and said Quach tract, same being the
554554 approximate centerline of said OB Groner Road, a total distance of
555555 479.91 feet to the POINT OF BEGINNING and containing 587.056 acres
556556 of computed land, more or less.
557557 SOUTH TRACT:
558558 BEING all that certain tract of land situated in the ROBERT
559559 THOMPSOIV SURVEY, ABSTRACT NO. 1199 and the WILLIAM MARTIN SURVEY,
560560 ABSTRACT NO. 765, Grayson County, Texas, and being all that certain
561561 tract of land conveyed as "South Tract" to TLS Investments, L.P., by
562562 deed recorded in Instrument No. 2017-27776, Official Public
563563 Records, Grayson County, Texas, and being more particularly
564564 described as follows:
565565 BEGINNING at a railroad spike found for the Northeast corner of said
566566 South Tract, same being in the Southerly right-of-way line of Red
567567 River, Texas & Southern Railway Co., as described in deed recorded
568568 in Volume 136, Page 531, Deed Records, Grayson County, Texas, same
569569 being the Northwest corner of that certain tract of land conveyed to
570570 Jeremy Schmitz (no recording information available);
571571 THENCE South 19 deg. 11 min. 10 see. West, along the common line of
572572 said South Tract and said Schmitz tract, a distance of 1097.06 feet
573573 to a point for the Southeast corner of said South Tract, same being
574574 the most Southerly corner of said Schmitz tract, same being the most
575575 Easterly corner of that certain tract of land conveyed to Sue Talley
576576 Reeves, Trustee of Sue Talley Revocable Trust, by deed recorded in
577577 Volume 4370, Page 447, said Deed Records, same being the
578578 approximate centerline of a creek;
579579 THENCE along the common line of said South Tract and said Reeves
580580 tract as follows:
581581 North 81 deg. 20 min. 09 sec. West, a distance of 284.55 feet to a
582582 point in creek;
583583 South 70 deg. 40 min. 21 sec. West, a distance of 102.27 feet to a
584584 point in creek;
585585 North 75 deg. 11 min. 59 sec. West, a distance of 127.59 feet to a
586586 point in creek;
587587 North 51 deg. 45 min. 23 sec. West, a distance of 220.29 feet to a
588588 point in creek;
589589 North 79 deg. 12 min. 46 sec. West, a distance of 86.47 feet to a
590590 point in creek;
591591 North 41 deg, 30 min. 50 sec. West, a distance of 378.26 feet to a
592592 point in creek;
593593 North 79 deg. 02 min. 33 sec. West, a distance of 214.43 feet to a
594594 point in creek;
595595 North 36 deg. 39 min. 21 sec. East, a distance of 222.74 feet to a
596596 point in creek;
597597 North 77 deg. 28 min. 04 sec. West, a distance of 160.13 feet to a
598598 point in creek;
599599 North 67 deg. 02 min. 46 sec. West, a distance of 317.96 feet to a
600600 point in creek;
601601 North 20 deg. 07 min. 28 sec. West, a distance of 96.72 feet to a
602602 point in creek;
603603 South 59 deg. 24 min. 07 sec. West, a distance of 230.86 feet to a
604604 point in creek;
605605 North 74 deg. 29 min. 54 sec. West, a distance of 54.23 feet to a
606606 point in creek;
607607 North 01 deg. 17 min. 08 sec. East, a distance of 125.00 feet to a
608608 point in creek;
609609 North 47 deg. 10 min. 46 sec. West, a distance of 142.35 feet to a
610610 point in creek;
611611 South 45 deg. 49 min. 53 sec. West, a distance of 104.40 feet to a
612612 point in creek;
613613 North 73 deg. 20 min. 39 sec. West, a distance of 120.57 feet to a
614614 point in creek;
615615 South 77 deg. 23 min. 53 sec. West, a distance of 109.21 feet to a
616616 point in creek;
617617 South 35 deg. 55 min. 55 sec. West, a distance of 133.45 feet to a
618618 point in creek;
619619 South 70 deg. 40 min. 06 sec. West, a distance of 370.67 feet to a
620620 point in creek;
621621 North 82 deg. 15 min. 21 sec. West, a distance of 132.27 feet to a
622622 point in creek;
623623 South 27 deg. 21 min. 12 sec. West, a distance of 129.88 feet to a
624624 point in creek;
625625 South 85 deg. 44 min. 18 sec. West, a distance of 228.14 feet to a
626626 point in creek;
627627 South 14 deg. 08 min. 19 sec. west, a distance of 58.86 feet to a
628628 point in creek;
629629 South 50 deg. 05 min. 29 sec. West, a distance of 87.89 feet to a
630630 point in creek;
631631 North 83 deg. 09 min. 16 sec. West, a distance of 178.46 feet to a
632632 point in creek;
633633 South 19 deg. 19 min. 45 sec. West, a distance of 103.44 feet to a
634634 point in creek;
635635 South 59 deg. 19 min. 52 sec. West, a distance of 32.75 feet to a
636636 point in creek for the Southwest corner of said South Tract; North
637637 15 deg. 06 min. 19 sec. West, a distance of 373.73 feet to a point
638638 for the Northwest corner of said South Tract, same being a Northeast
639639 corner of said Reeves tract, same being in the Southerly
640640 right-of-way line of aforesaid Railroad;
641641 THENCE along the common line of said South Tract and said Railroad
642642 as follows:
643643 North 71 deg. 54 min. 14 sec. East, a distance of 790.40 feet to a
644644 point for the beginning of a curve to the right, having a radius of
645645 3048.25 feet and a central angle of 23 deg. 46 min. 05 sec.;
646646 Along said curve to the right, an arc distance of 1265.43 feet and a
647647 chord bearing and distance of North 83 deg. 18 min. 40 sec. East,
648648 1256.38 feet to a point for angle point;
649649 South 84 deg. 48 min. 11 sec. East, a distance of 1853.44 feet to the
650650 POINT OF BEGINNING and containing 45.755 acres of computed land,
651651 more or less.
652652 SECTION 3. (a) The legal notice of the intention to
653653 introduce this Act, setting forth the general substance of this
654654 Act, has been published as provided by law, and the notice and a
655655 copy of this Act have been furnished to all persons, agencies,
656656 officials, or entities to which they are required to be furnished
657657 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
658658 Government Code.
659659 (b) The governor, one of the required recipients, has
660660 submitted the notice and Act to the Texas Commission on
661661 Environmental Quality.
662662 (c) The Texas Commission on Environmental Quality has filed
663663 its recommendations relating to this Act with the governor, the
664664 lieutenant governor, and the speaker of the house of
665665 representatives within the required time.
666666 (d) All requirements of the constitution and laws of this
667667 state and the rules and procedures of the legislature with respect
668668 to the notice, introduction, and passage of this Act are fulfilled
669669 and accomplished.
670670 SECTION 4. (a) If this Act does not receive a two-thirds
671671 vote of all the members elected to each house, Subchapter C, Chapter
672672 8000A, Special District Local Laws Code, as added by Section 1 of
673673 this Act, is amended by adding Section 8000A.0307 to read as
674674 follows:
675675 Sec. 8000A.0307. NO EMINENT DOMAIN POWER. The district may
676676 not exercise the power of eminent domain.
677677 (b) This section is not intended to be an expression of a
678678 legislative interpretation of the requirements of Section 17(c),
679679 Article I, Texas Constitution.
680680 SECTION 5. This Act takes effect September 1, 2023.
681681 ______________________________ ______________________________
682682 President of the Senate Speaker of the House
683683 I certify that H.B. No. 5392 was passed by the House on May
684684 12, 2023, by the following vote: Yeas 102, Nays 38, 2 present, not
685685 voting.
686686 ______________________________
687687 Chief Clerk of the House
688688 I certify that H.B. No. 5392 was passed by the Senate on May
689689 24, 2023, by the following vote: Yeas 29, Nays 2.
690690 ______________________________
691691 Secretary of the Senate
692692 APPROVED: _____________________
693693 Date
694694 _____________________
695695 Governor