Texas 2023 - 88th Regular

Texas House Bill HB5414 Compare Versions

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1	1	H.B. No. 5414
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Mountain Springs Municipal Utility
6	6	District of Cooke County; granting a limited power of eminent
7	7	domain; providing authority to issue bonds; providing authority to
8	8	impose fees and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 7982A to read as follows:
12	12	CHAPTER 7982A. MOUNTAIN SPRINGS MUNICIPAL UTILITY DISTRICT OF
13	13	COOKE COUNTY
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 7982A.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Mountain Springs Municipal
21	21	Utility District of Cooke County.
22	22	Sec. 7982A.0102. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 7982A.0103. CONFIRMATION AND DIRECTOR ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 7982A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section
31	31	7982A.0103 until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district as required by
35	35	applicable law.
36	36	Sec. 7982A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7982A.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7982A.0201. GOVERNING BODY; TERMS. (a) The district
60	60	is governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7982A.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7982A.0202. TEMPORARY DIRECTORS. (a) On or after
64	64	September 1, 2023, the owner or owners of a majority of the assessed
65	65	value of the real property in the district may submit a petition to
66	66	the commission requesting that the commission appoint as temporary
67	67	directors the five persons named in the petition. The commission
68	68	shall appoint as temporary directors the five persons named in the
69	69	petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7982A.0103; or
73	73	(2) September 1, 2027.
74	74	(c) If permanent directors have not been elected under
75	75	Section 7982A.0103 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 7982A.0103; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 7982A.0301. GENERAL POWERS AND DUTIES. The district
92	92	has the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 7982A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 7982A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100	100	Section 52, Article III, Texas Constitution, the district may
101	101	design, acquire, construct, finance, issue bonds for, improve,
102	102	operate, maintain, and convey to this state, a county, or a
103	103	municipality for operation and maintenance macadamized, graveled,
104	104	or paved roads, or improvements, including storm drainage, in aid
105	105	of those roads.
106	106	Sec. 7982A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 7982A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	120	ORDINANCE OR RESOLUTION. The district shall comply with all
121	121	applicable requirements of any ordinance or resolution that is
122	122	adopted under Section 54.016 or 54.0165, Water Code, and that
123	123	consents to the creation of the district or to the inclusion of land
124	124	in the district.
125	125	Sec. 7982A.0306. DIVISION OF DISTRICT. (a) The board, on
126	126	its own motion or on receipt of a petition signed by the owner or
127	127	owners of a majority of the assessed value of the real property in
128	128	the district, may adopt an order dividing the district.
129	129	(b) An order dividing a district may create one or more new
130	130	districts and may provide for the continuation of the district.
131	131	(c) An order dividing the district shall:
132	132	(1) name any new district;
133	133	(2) include the metes and bounds description of the
134	134	territory of each of the districts;
135	135	(3) appoint temporary directors for any new district;
136	136	and
137	137	(4) provide for the division of assets and liabilities
138	138	between the districts.
139	139	(d) The board may adopt an order dividing the district
140	140	before or after the date the board holds an election to confirm the
141	141	district's creation.
142	142	(e) The district may be divided only if the district:
143	143	(1) has never issued any bonds; and
144	144	(2) is not imposing ad valorem taxes.
145	145	(f) A new district created by the division of the district
146	146	may not, at the time the new district is created, contain any land
147	147	outside the area described by Section 2 of the Act enacting this
148	148	chapter.
149	149	(g) On or before the 30th day after the date of adoption of
150	150	an order dividing the district, the district shall file the order
151	151	with the commission and record the order in the real property
152	152	records of each county in which the district is located.
153	153	(h) This chapter applies to any new district created by the
154	154	division of the district, and a new district has all the powers and
155	155	duties of the district.
156	156	(i) A new district created by the division of the district
157	157	shall hold a confirmation and directors' election.
158	158	(j) If the creation of the new district is confirmed, the
159	159	new district shall provide the election date and results to the
160	160	commission.
161	161	(k) A new district created by the division of the district
162	162	must hold an election as required by this chapter to obtain voter
163	163	approval before the district may impose a maintenance tax or issue
164	164	bonds payable wholly or partly from ad valorem taxes.
165	165	(l) The district may continue to rely on confirmation,
166	166	directors', bond, or tax elections held prior to the division.
167	167	(m) Municipal consent to the creation of the district and to
168	168	the inclusion of land in the district acts as municipal consent to
169	169	the creation of any new district created by the division of the
170	170	district and to the inclusion of land in the new district.
171	171	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
172	172	Sec. 7982A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
173	173	The district may issue, without an election, bonds and other
174	174	obligations secured by:
175	175	(1) revenue other than ad valorem taxes; or
176	176	(2) contract payments described by Section
177	177	7982A.0403.
178	178	(b) The district must hold an election in the manner
179	179	provided by Chapters 49 and 54, Water Code, to obtain voter approval
180	180	before the district may impose an ad valorem tax or issue bonds
181	181	payable from ad valorem taxes.
182	182	(c) The district may not issue bonds payable from ad valorem
183	183	taxes to finance a road project unless the issuance is approved by a
184	184	vote of a two-thirds majority of the district voters voting at an
185	185	election held for that purpose.
186	186	Sec. 7982A.0402. OPERATION AND MAINTENANCE TAX. (a) If
187	187	authorized at an election held under Section 7982A.0401, the
188	188	district may impose an operation and maintenance tax on taxable
189	189	property in the district in accordance with Section 49.107, Water
190	190	Code.
191	191	(b) The board shall determine the tax rate. The rate may not
192	192	exceed the rate approved at the election.
193	193	Sec. 7982A.0403. CONTRACT TAXES. (a) In accordance with
194	194	Section 49.108, Water Code, the district may impose a tax other than
195	195	an operation and maintenance tax and use the revenue derived from
196	196	the tax to make payments under a contract after the provisions of
197	197	the contract have been approved by a majority of the district voters
198	198	voting at an election held for that purpose.
199	199	(b) A contract approved by the district voters may contain a
200	200	provision stating that the contract may be modified or amended by
201	201	the board without further voter approval.
202	202	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203	203	Sec. 7982A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
204	204	OBLIGATIONS. The district may issue bonds or other obligations
205	205	payable wholly or partly from ad valorem taxes, impact fees,
206	206	revenue, contract payments, grants, or other district money, or any
207	207	combination of those sources, to pay for any authorized district
208	208	purpose.
209	209	Sec. 7982A.0502. TAXES FOR BONDS. At the time the district
210	210	issues bonds payable wholly or partly from ad valorem taxes, the
211	211	board shall provide for the annual imposition of a continuing
212	212	direct ad valorem tax, without limit as to rate or amount, while all
213	213	or part of the bonds are outstanding as required and in the manner
214	214	provided by Sections 54.601 and 54.602, Water Code.
215	215	Sec. 7982A.0503. BONDS FOR ROAD PROJECTS. At the time of
216	216	issuance, the total principal amount of bonds or other obligations
217	217	issued or incurred to finance road projects and payable from ad
218	218	valorem taxes may not exceed one-fourth of the assessed value of the
219	219	real property in the district.
220	220	SECTION 2. The Mountain Springs Municipal Utility District
221	221	of Cooke County initially includes all the territory contained in
222	222	the following area:
223	223	Tract 1:
224	224	Being a tract of land situated in the Charles Martin Survey,
225	225	Abstract No. 683, the JJ Ozment Survey, Abstract No. 807, the James
226	226	Martin Survey, Abstract No. 690, and the James Neely Survey,
227	227	Abstract No. 796, Cooke County, Texas being all of a called 10.02
228	228	acres tract of land described in Deed to M. B. Rudman, Alvrone
229	229	Sater, Alvrone Sater Trust No. 3, Alvrone Sater Trust Under Will of
230	230	I. Rudman, Deseased as recorded in Volume 738, Page 528, Deed
231	231	Records, Cooke County, Texas, being all of a called 14.90 acres
232	232	tract of land described in Deed to M. B. Rudman, Alvrone Sater, Will
233	233	of O. I. Rudman, and Alvrone Sater Trust No. 3 as recorded in Volume
234	234	743, Page 661, said Deed Records, and being all of a called 15.00
235	235	acres tract of land (Tract 2), all of a called 28.149 acres tract of
236	236	land (Tract 3), all of a called 153.51 acres tract of land (Tract
237	237	5), all of a called 6.376 acres tract of land (Tract 6: Tract Ten),
238	238	all of a called 5.000 acres tract of land (Tract 6: Tract Twelve),
239	239	all of a called 5.000 acres tract of land (Tract 6: Tract Fourteen),
240	240	all of a called 5.000 acres tract of land (Tract 6: Tract Fifteen),
241	241	all of a called 5.000 acres tract of land (Tract 16), and all of a
242	242	called 5 acres tract of land (Tract 7) described in Deed to MER
243	243	Energy, Ltd. as recorded in Volume 1806, Page 263, Official Public
244	244	Records, Cooke County, Texas, and being more particularly described
245	245	herein as follows:
246	246	BEGINNING at a 1/2 inch iron rod found at the intersection of the
247	247	South line of Burn City Road (a public road) and the East
248	248	Right-of-Way line of F.M. 372 (a called 100' R.O.W.) for the
249	249	Northwest corner of said 10.02 acres tract;
250	250	THENCE North 00 degrees 04 minutes 08 seconds West, with the North
251	251	line of said 10.02 acres tract, along the South line of said Burns
252	252	City Road, a distance of 768.43 feet to a 2 inch steel fence corner
253	253	post found in a West line of said Tract 5 for the Northeast corner of
254	254	said 10.02 acres tract;
255	255	THENCE North 00 degrees 04 minutes 08 seconds West, with a West line
256	256	of said Tract 5, a distance of 18.20 feet to a 5/8 inch iron rod with
257	257	plastic cap stamped "PLS, INC" (typical) set in said Burns City Road
258	258	for the Northwest corner of said Tract 5;
259	259	THENCE with the North line of said Tract 5, along said Burns City
260	260	Road, the following three (3) courses and distances:
261	261	1. North 88 degrees 56 minutes 41 seconds East, a distance of
262	262	1513.55 feet to a 5/8 inch iron rod with plastic cap stamped "PLS,
263	263	INC" (typical) set for corner;
264	264	2. South 75 degrees 12 minutes 28 seconds East, a distance of
265	265	606.25 feet to a 5/8 inch iron rod set for corner;
266	266	3. North 88 degrees 53 minutes 15 seconds East, a distance of
267	267	403.19 feet to a 5/8 inch iron rod set for the most Northerly
268	268	Northeast corner of said Tract 5 and the Northwest corner of said
269	269	Peggy Lou Stevens Tuck and Rita Sue Stevens Reasor as recorded in
270	270	Volume 958, Page 537, said Deed Records;
271	271	THENCE South 01 degrees 46 minutes 26 seconds East, with an East
272	272	line of said Tract 5, a distance of 1355.00 feet to a 1/2 inch iron
273	273	rod capped "RPLS 1849" found for an interior corner thereof;
274	274	THENCE North 88 degrees 54 minutes 22 seconds East, with a North
275	275	line of said Tract 5, a distance of 694.93 feet to a 30 inch oak tree
276	276	fence corner post found for the most Easterly corner thereof;
277	277	THENCE South 05 degrees 09 minutes 01 seconds East, with the East
278	278	line of said Tract 5, a distance of 1430.55 feet to a 1/2 inch iron
279	279	rod found for most Easterly Southeast corner thereof;
280	280	THENCE South 88 degrees 02 minutes 10 seconds West, a distance of
281	281	814.96 feet to a 20 inch tree stump found in the East line of a
282	282	called 41.20 acres tract of land described in Deed to LMAC Property
283	283	Management, LLC as recorded in Volume 2458, Page 21, said Official
284	284	Public Records for the most Easterly Southwest corner of said Tract
285	285	5;
286	286	THENCE North 00 degrees 12 minutes 38 seconds West, with a West line
287	287	of said Tract 5 and the East line of said 41.20 acres tract, a
288	288	distance of 110.12 feet to a 1/2 inch iron rod found for an interior
289	289	corner of said Tract 5 and the Northeast corner of said 41.20 acres
290	290	tract;
291	291	THENCE North 88 degrees 04 minutes 52 seconds West, with a South
292	292	line of said Tract 5 and the North line of said 41.20 acres tract, a
293	293	distance of 1,298.11 feet to a 1/2 inch iron rod found in the East
294	294	line of said Tract 3 for the middle Southwest corner of said Tract 5
295	295	and the Northwest corner of said 41.20 acres tract;
296	296	THENCE South 00 degrees 38 minutes 13 seconds East, with the East
297	297	line of said Tract 3 and the West line of said 41.20 acres tract, a
298	298	distance of 411.50 feet to a 7 inch steel fence corner post found
299	299	for the Southeast corner of said Tract 3 and the Northeast corner of
300	300	a called 10 acres tract of land described in Deed to LMAC Property
301	301	Management, LLC as recorded in Volume 2246, Page 318, said Official
302	302	Public Records;
303	303	THENCE South 88 degrees 25 minutes 15 seconds West, with the South
304	304	line of said Tract 3, a distance of 2,114.62 feet to a 1/2 inch iron
305	305	rod found in the East Right-of-Way line of said F.M. 372 for the
306	306	Southwest corner of said Tract 3 and the Northwest corner of a
307	307	called 4 acres tract of land described in Deed to Stuart Kim
308	308	McFadden and Agnes Ann McFadden as recorded in Volume 1581, Page
309	309	565, said Official Public Records;
310	310	THENCE with the West line of said Tract 3, said Tract 6: Tract Ten,
311	311	and said Tract 2 and with the East Right-of-Way line of said F.M.
312	312	372, the following eight (8) courses and distances:
313	313	1. North 01 degrees 18 minutes 24 seconds West, a distance of
314	314	169.53 feet to a 5/8 inch iron rod set at the beginning of a curve to
315	315	the right having a radius of 5,679.36 feet;
316	316	2. Northerly, along the arc of said curve, a distance of 148.36
317	317	feet with a delta angle of 1 degree 29 minutes 48 seconds, a chord
318	318	bearing of North 00 degrees 33 minutes 30 seconds West, and a chord
319	319	length of 148.35 feet to a 5/8 inch iron rod set at the beginning of
320	320	a compound curve to the right having a radius of 1,859.86 feet;
321	321	3. Northerly, along the arc of said compound curve, a distance of
322	322	291.02 feet with a delta angle of 8 degrees 57 minutes 55 seconds, a
323	323	chord bearing of North 05 degrees 26 minutes 10 seconds East, and a
324	324	chord length of 290.72 feet to a 5/8 inch iron rod set at the
325	325	beginning of a compound curve to the right having a radius of
326	326	5,679.36 feet;
327	327	4. Northerly along the arc of said compound curve, a distance of
328	328	148.36 feet with a delta angle of 1 degree 29 minutes 48 seconds, a
329	329	chord bearing of North 11 degrees 25 minutes 49 seconds East, and a
330	330	chord length of 148.35 feet to a 5/8 inch iron rod set for corner;
331	331	5. North 12 degrees 10 minutes 43 seconds East, a distance of
332	332	113.15 feet to a 5/8 inch iron rod set at the beginning of a curve to
333	333	the left having a radius of 5,779.36 feet;
334	334	6. Northerly along the arc of said curve, a distance of 151.63 feet
335	335	with a delta angle of 1 degree 30 minutes 12 seconds, a chord
336	336	bearing of North 11 degrees 25 minutes 37 seconds East, and a chord
337	337	length of 151.62 feet to a 5/8 inch iron rod set at the beginning of
338	338	a compound curve to the left having a radius of 1,959.86 feet;
339	339	7. Northerly, along the arc of said compound curve, a distance of
340	340	316.85 feet with a delta angle of 9 degrees 15 minutes 47 seconds, a
341	341	chord bearing of North 05 degrees 18 minutes 24 seconds East, and a
342	342	chord length of 316.50 feet to a 5/8 inch iron rod set at the
343	343	beginning of a compound curve to the right having a radius of
344	344	5,779.36 feet;
345	345	8. Northerly, along the arc of said compound curve, a distance of
346	346	151.63 feet with a delta angle of 1 degree 30 minutes 12 seconds, a
347	347	chord bearing of North 00 degrees 48 minutes 48 seconds West, and a
348	348	chord length of 151.62 to a 5/8 inch iron rod set for corner;
349	349	THENCE North 01 degrees 33 minutes 44 seconds West, continuing with
350	350	the West line of said Tract 2 and the East Right-of-Way line of said
351	351	F.M. 372, passing at a distance of 251.62 feet a 1/2 inch iron rod
352	352	found for the Northwest corner of said Tract 2 and the Southwest
353	353	corner of said 14.90 acres tract, and continuing along said course,
354	354	passing at a distance of 1,127.79 feet a 1/2 inch iron rod found for
355	355	the Northwest corner of said 14.90 acres tract and the Southwest
356	356	corner of said 10.02 acres tract, and continuing along said course,
357	357	with the West line of said 10.02 acres tract, for a total distance
358	358	of 1,690.04 feet to the POINT OF BEGINNING and containing, within
359	359	the metes and bounds herein recited, 253.103 acres of land, more or
360	360	less.
361	361	Tract 2:
362	362	Being a tract of land situated in the James Bourland Survey,
363	363	Abstract No. 183, Cooke County, Texas and being all of a called
364	364	141.814 acres tract of land described in Deed to Rose Rudman as
365	365	recorded in Volume 535, Page 738, Deed Records, Cooke County,
366	366	Texas, and being more particularly described herein as follows:
367	367	BEGINNING at a 2 inch steel fence corner post found in the East
368	368	Right-of-Way line of F.M. 372 (a called 100' R.O.W.) for the
369	369	occupied and recognized Southwest corner of said Rudman tract and
370	370	the Northwest corner of a called 27.00 acres tract of land as deeded
371	371	to Richard A. Ness and wife, Pamala N. Ness recorded in Volume 1563,
372	372	Page 831, Official Public Records, Cooke County, Texas and being
373	373	described in Deed recorded in Volume 616, Page 729, said Deed
374	374	Records;
375	375	THENCE North 00 degrees 05 minutes 37 seconds West, with the West
376	376	line of said Rudman tract, along the the East line of said F.M. 372,
377	377	a distance of 1,466.64 feet to a 5/8 inch iron rod with plastic cap
378	378	stamped "PLS, INC" (typical) set at the beginning of a transition
379	379	curve to the left having a radius of 3,487.33 feet;
380	380	THENCE Northerly, along the arc of said curve, with the West line of
381	381	said Rudman tract and the East line of said F.M. 372, a distance of
382	382	96.46 feet with a delta angle of 1 degree 35 minutes 05 seconds, a
383	383	chord bearing of North 00 degrees 52 minutes 46 seconds West, and a
384	384	chord length of 96.46 feet to a railroad tie fence corner post found
385	385	for the most Southerly Northwest corner of said Rudman tract and the
386	386	most Westerly Southwest corner of a called 36.36 acres tract of land
387	387	described in Deed to T & D Leasing, Inc. as recorded in Volume 1451,
388	388	Page 341, said Official Public Records, from which a 1/2 inch iron
389	389	rod found bears South 73 degrees 22 minutes 44 seconds East, a
390	390	distance of 1.72 feet;
391	391	THENCE with the common line of said Rudman tract and said 36.36
392	392	acres tract, generally along and near a fence, the following five
393	393	(5) courses and distances:
394	394	1. North 84 degrees 10 minutes 15 seconds East, a distance of
395	395	198.55 feet to a 1/2 inch iron rod found near a fence corner post for
396	396	corner;
397	397	2. South 02 degrees 53 minutes 58 seconds West, a distance of 76.43
398	398	feet to a 1/2 inch iron rod found near a fence corner post for
399	399	corner;
400	400	3. North 82 degrees 47 minutes 53 seconds East, a distance of
401	401	875.73 feet to a railroad tie fence corner post found for corner;
402	402	4. North 04 degrees 25 minutes 10 seconds West, a distance of
403	403	1,105.24 feet to a 1/2 inch iron rod found near a fence corner post
404	404	for the most Northerly Northwest corner of said Rudman tract;
405	405	5. North 88 degrees 02 minutes 24 seconds East, a distance of
406	406	580.94 feet to a 1/2 inch iron rod found near a fence corner post for
407	407	the most Easterly Southeast corner of said 36.36 acres tract and the
408	408	most Westerly Southwest corner of a called 45.24 acres tract of land
409	409	described in Deed to Inaganti Rao as recorded in Volume 2023, Page
410	410	329, said Official Public Records;
411	411	THENCE with the common line of said Rudman tract and said Rao tract,
412	412	the following four (4) courses and distances:
413	413	1. North 88 degrees 39 minutes 11 seconds East, a distance of
414	414	265.26 feet to a 18 inch oak tree found for the most Northerly
415	415	Northeast corner of said Rudman tract;
416	416	2. South 01 degrees 23 minutes 38 seconds West, passing at a
417	417	distance of 837.24 feet a 1/2 inch capped iron rod "RPLS 1896" found
418	418	on the North bank of Spring Creek Branch for reference, and
419	419	continuing for a total distance of 847.21 feet to a point in said
420	420	branch for corner;
421	421	3. South 83 degrees 32 minutes 19 seconds East, generally with said
422	422	branch, a distance of 613.22 feet to a point for corner, from which
423	423	a 1/2 inch capped iron rod "RPLS 1896" found on the North bank of
424	424	said branch bears North 01 degrees 37 minutes 55 seconds East, a
425	425	distance of 9.68 feet;
426	426	4. South 89 degrees 05 minutes 05 seconds East, generally with said
427	427	branch, a distance of 401.96 feet to a 1/2 inch iron rod capped
428	428	"RPLS 1896" found in the East line of said Robinson Survey and the
429	429	West line of said Huey Survey and a called 30.62 acres tract of land
430	430	described in Deed to Jeremy David and Stacie David as recorded in
431	431	Volume 1337, Page 288, said Official Public Records for the most
432	432	middle Northeast corner of said Rudman tract and the most Southerly
433	433	Southeast corner of said Rao tract;
434	434	THENCE South 00 degrees 00 minutes 45 seconds West, with an East
435	435	line of said Rudman tract and said Robinson Survey and the West line
436	436	of said Huey Survey and said David tract, a distance of 923.93 feet
437	437	to a 1/2 inch iron rod found for an interior corner of said Rudman
438	438	tract and the Southwest corner of said David tract;
439	439	THENCE North 88 degrees 02 minutes 53 seconds East, with a North
440	440	line of said Rudman tract and the South line of said David tract, a
441	441	distance of 820.68 feet to a 2 inch steel fence corner post found
442	442	for the most Easterly Northeast corner of said Rudman tract and the
443	443	most Southerly Southeast corner of said David tract;
444	444	THENCE South 01 degrees 08 minutes 10 seconds East, with the East
445	445	line of said Rudman tract, a distance of 815.17 feet to a 1/2 inch
446	446	iron rod found in the North line of a called 11.245 acres tract of
447	447	land described in Deed to Landon Hale and Amber Hale as recorded in
448	448	Volume 2401, Page 742, said Official Public Records for the
449	449	Southeast corner of said Rudman tract and the Southwest corner of a
450	450	called 16.54 acres tract of land described in Deed to Richard D.
451	451	Westbrook and Kelly M. Westbrook as recorded in Volume 1343, Page
452	452	11, said Official Public Records;
453	453	THENCE South 88 degrees 33 minutes 50 seconds West, with the South
454	454	line of said Rudman tract and the North line of said Hale tract,
455	455	passing at a distance of 743.51 feet a 1/2 inch iron rod capped
456	456	"RPLS 1896" found for the Northwest corner of said Hale tract and
457	457	the Northeast corner of a called 22.00 acres tract of land described
458	458	in Deed to Patricia Marie Aldridge as recorded in Volume 2430, Page
459	459	67, said Official Public Records, and continuing along said course,
460	460	with the North line of said Aldridge tract for a total distance of
461	461	837.14 feet to a 1/2 inch iron rod found for the Southwest corner of
462	462	said Huey Survey and the Southeast corner of said Robinson Survey;
463	463	THENCE South 88 degrees 04 minutes 25 seconds West, continuing with
464	464	the South line of said Rudman tract and the North line of said
465	465	Aldridge tract, passing at a distance of 436.23 feet a 1/2 inch iron
466	466	rod capped "RPLS 1896" found at the Northwest corner of said
467	467	Aldridge tract, and continuing along said course, passing at 994.87
468	468	feet a 1/2 inch iron rod capped "RPLS 1896" found at the Northeast
469	469	corner of a called 22.478 acres tract described in Deed to Michael
470	470	Dean Sanders and Janet D. Sanders as recorded in Volume 2470, Page
471	471	517 of said Official Public Records, and continuing along said
472	472	course, passing at 1435.07 feet a 1/2 inch iron rod capped "RPLS
473	473	1896" found at the Northwest corner thereof and the Northeast
474	474	corner of a called 22.478 acres tract described in Deed to Dola
475	475	Lanette Sanders f/k/a Dola Lanette Schindler as recorded in Volume
476	476	2470, Page 512 of said Official Public Records, and continuing
477	477	along said course for a total distance of 2,117.40 feet to a 1/2
478	478	inch iron rod found for the Northwest corner thereof and the
479	479	Northeast corner of said Ness tract;
480	480	THENCE South 88 degrees 24 minutes 36 seconds West, with the South
481	481	line of said Rudman tract and the North line of said Ness tract, a
482	482	distance of 693.20 feet to the POINT OF BEGINNING and containing,
483	483	within the metes and bounds herein recited, 141.299 acres of land,
484	484	more or less.
485	485	Tract 3:
486	486	Being a tract of land situated in the F. L. Green Survey, Abstract
487	487	No. 425, the Zilitha Newton Survey, Abstract No. 798, the Walter L.
488	488	Tubbs Survey, Abstract No. 1732, the Cooke County School Land
489	489	Survey, Abstract No. 205, the B.B.B. & C. R.R. Co. Survey, Abstract
490	490	No. 171, and the John W. Elkins Survey, Abstract No. 359, Cooke
491	491	County, Texas and being part of a called 92-1/2 acres tract of land
492	492	described in Deed to Alvrone Sater, M. B. Rudman, Alvrone Sater,
493	493	Trustee of the Alvrone Sater Trust No. 3, Rose Rudman, Trustee for
494	494	M. B. Rudman and Mike Rudman as recorded in Volume 630, Page 233,
495	495	Deed Records, Cooke County, Texas, all of a called 171.90 acres
496	496	tract of land described in Deed to The Rudman Partnership as
497	497	recorded in Volume 1406, Page 523, Official Public Records, Cooke
498	498	County, Texas and all of a called 87.183 acres tract of land
499	499	described in Deed to M. B. Rudman, Alvrone Sater, Trustee, Rose
500	500	Rudman, Trustee for Alvrone Sater, and Rose Rudman, Trustee for M.
501	501	B. Rudman, as recorded in Volume 538, Page 436, said Deed Records,
502	502	and being more particularly described herein as follows:
503	503	BEGINNING at a 1/2 inch iron rod found for the Southwest corner of
504	504	the herein described tract at the intersection of Union Grove Road
505	505	(a public road) and Morrow Road (a public road) and in the West line
506	506	of said Green Survey common to the East line of said Cooke County
507	507	School Land Survey at the Southwest corner of said 92-1/2 acres
508	508	tract and the Northwest corner of a called 10.097 acres tract of
509	509	land described in Deed to Jason S. Wulzer and Rebecca G. Wulzer as
510	510	recorded in Volume 2201, Page 521, said Official Public Records;
511	511	THENCE North 01 degrees 14 minutes 47 seconds West, with the West
512	512	line of said 92-1/2 acres tract and said Green Survey, a distance of
513	513	726.65 feet to a 1/2 inch iron rod found for the Southeast corner of
514	514	a called 1.50 acres tract of land described in Deed to Emily Gay L.
515	515	Houser as recorded in Volume 941, Page 18, said Official Public
516	516	Records;
517	517	THENCE North 01 degrees 13 minutes 20 seconds West, with the West
518	518	line of said 92-1/2 acres tract and said Green Survey and the East
519	519	line of said 1.50 acres tract, a distance of 274.76 feet to a 1/2
520	520	inch iron rod found for the Northeast corner of said 1.50 acres
521	521	tract and the most Easterly Southeast corner of a called 25.49 acres
522	522	tract of land described in said Houser Deed;
523	523	THENCE North 00 degrees 49 minutes 48 seconds West, with the West
524	524	line of said 92-1/2 acres tract and said Green Survey and the East
525	525	line of said 24.49 acres tract, passing at a distance of 63.13 feet
526	526	a 1/2 inch iron rod found at the Northwest corner of said 92-1/2
527	527	acres tract and the Southwest corner of said 171.90 acres tract, and
528	528	continuing along said course, with the West line of said 171.90
529	529	acres tract for a total distance of 919.34 feet to a 1/2 inch iron
530	530	rod found for a re-entrant corner of said 171.90 acres tract and the
531	531	Northeast corner of said 25.49 acres tract;
532	532	THENCE North 89 degrees 34 minutes 08 seconds West, with a South
533	533	line of said 171.90 acres tract and the North line of said 25.49
534	534	acres tract, passing at a distance of 1219.73 feet a 1/2 inch iron
535	535	rod found at the Northwest corner of said 25.49 acres tract and the
536	536	most Easterly Northeast corner of a called 30.60 acres tract of land
537	537	described in Deed to Levi Brandon Hall and Kori Lynn Hall as
538	538	recorded in Volume 2029, Page 501, said Official Public Records for
539	539	reference, and continuing along said course for a total distance of
540	540	1245.60 feet to a 3/8 inch iron rod found in said Morrow Road for the
541	541	most Westerly Southwest corner of said 171.90 acres tract and an
542	542	interior corner in the East line of said 30.60 acres tract;
543	543	THENCE North 00 degrees 05 minutes 38 seconds West, with the West
544	544	line of said 171.90 acres tract and the East line of said 30.60
545	545	acres tract, along said Morrow Road, a distance of 210.51 feet to a
546	546	3/8 inch iron rod found for the most Westerly Northwest corner of
547	547	said 171.90 acres tract and the Southwest corner of a called 3.75
548	548	acres tract of land described in Deed to Gerald Childs and Kathryn
549	549	Childs as recorded in Volume 1015, Page 11, said Official Public
550	550	Records;
551	551	THENCE South 89 degrees 36 minutes 43 seconds East, with a North
552	552	line of said 171.90 acres tract and the South line of said 3.75
553	553	acres tract, passing the Southeast corner thereof and the Southwest
554	554	corner of a called 3.75 acres tract of land described in Deed to
555	555	Gerald Childs and Kathryn Childs as recorded in Volume 1015, Page 8,
556	556	said Official Public Records, and continuing along said course, a
557	557	distance of 1242.98 feet to a 1/2 inch iron rod found in the West
558	558	line of said newton Survey for a re-entrant corner of said 171.90
559	559	acres tract and the Southeast corner of said 3.75 acres tract
560	560	(1015/8);
561	561	THENCE North 00 degrees 48 minutes 16 seconds West, with the West
562	562	line of said 171.90 acres tract and said Newton Survey, passing the
563	563	northwest corner of said newton Survey common to the Southwest
564	564	corner of said Tubbs Survey, and continuing for a total distance of
565	565	1966.31 feet to a 1/2 inch iron rod found at an angle point in the
566	566	South line of a called 104.73 acres tract of land described in Deed
567	567	to J. Kent Sweezey as recorded in Volume 1134, Page 698, said
568	568	Official Public Records for the Northwest corner of said 171.90
569	569	acres tract and said Tubbs Survey and the Northeast corner of a
570	570	called 4.49 acres tract of land (Tract 1) described in Deed to
571	571	Rebecca Lynn Ray as recorded in Volume 958, Page 671, said Official
572	572	Public Records;
573	573	THENCE North 89 degrees 40 minutes 36 seconds East, with the North
574	574	line of said 171.90 acres tract and the South line of said 104.73
575	575	acres tract, a distance of 1121.28 feet to a 60d nail found near an
576	576	old 6 inch wood post and a 2 inch steel fence corner post in the West
577	577	line of said 87.183 acres tract for the most Northerly Northeast
578	578	corner of said 171.90 acres tract, the Northeast corner of said
579	579	Tubbs Survey and the Southeast corner of said 104.73 acres tract;
580	580	THENCE North 00 degrees 54 minutes 01 seconds West, with the West
581	581	line of said 87.183 acres tract and the East line of said 104.73
582	582	acres tract, a distance of 379.00 feet to a 3/8 inch iron rod found
583	583	for the Northwest corner of said 87.183 acres tract and the
584	584	Southwest corner of a called 16.000 acres tract of land described in
585	585	Deed to Eugenio Jesus Bortone and Andida Rojas Voltani as recorded
586	586	in Volume 2247, Page 797, said Official Public Records;
587	587	THENCE North 89 degrees 59 minutes 37 seconds East, with the North
588	588	line of said 87.183 acres tract and the South line of said 16.000
589	589	acres tract, a distance of 1464.19 feet to a 3/8 inch iron rod found
590	590	for a re-entrant corner of said 87.183 acres tract and the Southeast
591	591	corner of said 16.000 acres tract;
592	592	THENCE North 00 degrees 06 minutes 49 seconds West, with a West line
593	593	of said 87.183 acres tract and the East line of said 16.000 acres
594	594	tract, a distance of 409.76 feet to a 3/8 inch iron rod found for the
595	595	most Northerly Northwest corner of said 87.183 acres tract and a
596	596	re-entrant corner of said 16.000 acres tract;
597	597	THENCE South 89 degrees 29 minutes 39 seconds East, with the North
598	598	line of said 87.183 acres tract and a South line of said 16.000
599	599	acres tract, passing the most Northerly Southeast corner of said
600	600	16.000 acres tract and the Southwest corner of a called 17.044 acres
601	601	tract of land described in Deed to Cassie Lee Shelton and Joey Todd
602	602	Shelton as recorded in Volume 2200, Page 145, said Official Public
603	603	Records, and continuing along said course, a distance of 431.82
604	604	feet to a 1/2 inch iron rod found for the most Northerly Northeast
605	605	corner of said 87.183 acres tract and a re-entrant corner of said
606	606	17.044 acres tract;
607	607	THENCE South 00 degrees 10 minutes 12 seconds East, with an East
608	608	line of said 87.183 acres tract and a West line of said 17.044 acres
609	609	tract, a distance of 389.89 feet to a 1 inch axle found near a 9 inch
610	610	wood fence corner post for a re-entrant corner of said 87.183 acres
611	611	tract and the most Southerly Southwest corner of said 17.044 acres
612	612	tract;
613	613	THENCE North 89 degrees 42 minutes 50 seconds East, with a North
614	614	line of said 87.183 acres tract and the South line of said 17.044
615	615	acres tract, passing at a distance of 682.15 feet an 8 inch wood
616	616	fence corner post found for the most Southerly Southeast corner of
617	617	said 17.044 acres tract and the occupied Southwest corner of a
618	618	called 4.99 acres tract of land described in Deed to Christopher
619	619	Payne as recorded in Volume 2087, Page 35, Deed Records, Cooke
620	620	County, Texas, and continuing along said course for a total
621	621	distance of 823.68 feet to a 1/2 inch iron rod found at a turn in Mt.
622	622	Pleasant Road (a public road) for the Northeast corner of said
623	623	87.183 acres tract and said B.B.B. & C. R.R. Co. Survey and the
624	624	Northwest corner of a called 9.55 acres tract of land described in
625	625	Deed to Kenneth Douglas Passons as recorded in Volume 1967, Page
626	626	734, said Official Public Records;
627	627	THENCE South 00 degrees 33 minutes 35 seconds East, with the East
628	628	line of said 87.183 acres tract and the West line of said 9.55 acres
629	629	tract, along said Mt. Pleasant Road, passing at a distance of 896.49
630	630	feet a 1/2 inch square tube found for the Southwest corner of said
631	631	9.55 acres tract and the Northwest corner of a called 2.789 acres
632	632	tract of land described in Deed to Roger Duckworth as recorded in
633	633	Volume 2109, Page 758, said Official Public Records, continuing
634	634	along said course for a total distance of 1315.55 feet to a "Mag"
635	635	spike set for the Southeast corner of said 87.183 acres tract and
636	636	said B.B.B. & C. R.R. Co. Survey and the Northeast corner of JEHL
637	637	Ranch Estates, an Addition to Cooke County according to the Plat
638	638	thereof recorded in Cabinet A, Slide 83, Plat Records, Cooke
639	639	County, Texas;
640	640	THENCE South 88 degrees 55 minutes 22 seconds West, with the South
641	641	line of said 87.183 acres tract and the North line of said JEHL
642	642	Ranch Estates, passing at a distance of 30.03 feet a 1/2 inch iron
643	643	rod found for reference, and continuing along said course for a
644	644	total distance of 866.19 feet to a 60d nail found near a 2 inch steel
645	645	fence corner post for the Northeast corner of said 171.90 acres
646	646	tract and the Northwest corner of said JEHL Ranch Estates;
647	647	THENCE South 01 degrees 14 minutes 57 seconds East, with the East
648	648	line of said 171.90 acres tract and the West line of said JEHL Ranch
649	649	Estates, a distance of 938.59 feet to a 6 inch wood fence corner
650	650	post found for an angle point corner of said 171.90 acres tract and
651	651	said JEHL Ranch Estates and being the occupied North corner of a
652	652	called 11.75 acres tract described in Deed to the United States of
653	653	America as recorded in Volume 714, Page 536, said Deed Records;
654	654	THENCE South 01 degrees 24 minutes 32 seconds East, with the East
655	655	line of said 171.90 acres tract and the West line of said 11.75
656	656	acres tract, a distance of 1118.34 feet to a 5/8 inch iron rod with
657	657	plastic cap stamped "PLS, INC" (typical) set at a wood fence corner
658	658	post for the Southwest corner of said 11.75 acres tract;
659	659	THENCE South 89 degrees 51 minutes 30 seconds East, with the North
660	660	line of the herein described tract and the South line of said 11.75
661	661	acres tract, a distance of 204.57 feet to a 4 inch concrete monument
662	662	with a brass cap stamped "COE" found at the Northwest corner of a
663	663	called 10.78 acres tract of land described in Deed to the United
664	664	States of America as recorded in Volume 714, Page 46, said Deed
665	665	Records;
666	666	THENCE South 00 degrees 24 minutes 57 seconds West, with an East
667	667	line of the herein described tract and the West line of said 10.78
668	668	acres tract, a distance of 522.82 feet to a 4 inch concrete monument
669	669	with a brass cap stamped "COE" found for an angle point corner of
670	670	the herein described tract and said 10.78 acres tract;
671	671	THENCE South 55 degrees 17 minutes 55 seconds East, with a Northeast
672	672	line of the herein described tract and the Southwest line of said
673	673	10.78 acres tract, a distance of 730.65 feet to a 4 inch concrete
674	674	monument with a brass cap stamped "COE" found in the West
675	675	Right-of-Way line of F.M. Highway 3002 for the South corner of said
676	676	10.78 acres tract and a Southeasterly corner of the herein
677	677	described tract;
678	678	THENCE South 43 degrees 50 minutes 34 seconds West, with an East
679	679	line of the herein described tract and the West line of said F.M.
680	680	3002, a distance of 146.69 feet to a 5/8 inch iron rod set on the
681	681	North side of said Union Grove Road for corner;
682	682	THENCE South 00 degrees 26 minutes 27 seconds West, continuing with
683	683	an East line of the herein described tract and the West line of said
684	684	F.M. 3002, a distance of 20.44 feet to a 1/2 inch iron rod found in
685	685	said Union Grove Road and in the South line of said 92 1/2 acres
686	686	tract for the Southeast corner of the herein described tract and the
687	687	Northerly Northeast corner of a called 63.61 acres tract described
688	688	in Deed to ALTI Investments, LLC as recorded in Volume 2142, Page
689	689	285, said Official Records;
690	690	THENCE South 89 degrees 13 minutes 07 seconds West, with the South
691	691	line of said 92-1/2 acres tract, along said Union Grove Road, a
692	692	distance of 3664.58 feet to the POINT OF BEGINNING and containing,
693	693	within the metes and bounds herein recited, 340.853 acres of land,
694	694	more or less.
695	695	SECTION 3. (a) The legal notice of the intention to
696	696	introduce this Act, setting forth the general substance of this
697	697	Act, has been published as provided by law, and the notice and a
698	698	copy of this Act have been furnished to all persons, agencies,
699	699	officials, or entities to which they are required to be furnished
700	700	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
701	701	Government Code.
702	702	(b) The governor, one of the required recipients, has
703	703	submitted the notice and Act to the Texas Commission on
704	704	Environmental Quality.
705	705	(c) The Texas Commission on Environmental Quality has filed
706	706	its recommendations relating to this Act with the governor, the
707	707	lieutenant governor, and the speaker of the house of
708	708	representatives within the required time.
709	709	(d) All requirements of the constitution and laws of this
710	710	state and the rules and procedures of the legislature with respect
711	711	to the notice, introduction, and passage of this Act are fulfilled
712	712	and accomplished.
713	713	SECTION 4. (a) If this Act does not receive a two-thirds
714	714	vote of all the members elected to each house, Subchapter C, Chapter
715	715	7982A, Special District Local Laws Code, as added by Section 1 of
716	716	this Act, is amended by adding Section 7982A.0307 to read as
717	717	follows:
718	718	Sec. 7982A.0307. NO EMINENT DOMAIN POWER. The district may
719	719	not exercise the power of eminent domain.
720	720	(b) This section is not intended to be an expression of a
721	721	legislative interpretation of the requirements of Section 17(c),
722	722	Article I, Texas Constitution.
723	723	SECTION 5. This Act takes effect September 1, 2023.
724	724	______________________________ ______________________________
725	725	President of the Senate Speaker of the House
726	726	I certify that H.B. No. 5414 was passed by the House on May
727	727	12, 2023, by the following vote: Yeas 104, Nays 36, 2 present, not
728	728	voting.
729	729	______________________________
730	730	Chief Clerk of the House
731	731	I certify that H.B. No. 5414 was passed by the Senate on May
732	732	24, 2023, by the following vote: Yeas 29, Nays 2.
733	733	______________________________
734	734	Secretary of the Senate
735	735	APPROVED: _____________________
736	736	Date
737	737	_____________________
738	738	Governor