Texas 2023 - 88th Regular

Texas Senate Bill SB2613 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 2613
2	2
3	3
4	4	relating to the creation of the Tabor Ranch Municipal Management
5	5	District; providing authority to issue bonds; providing authority
6	6	to impose assessments, fees, and taxes; granting a limited power of
7	7	eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	10	Code, is amended by adding Chapter 4000 to read as follows:
11	11	CHAPTER 4000. TABOR RANCH MUNICIPAL MANAGEMENT DISTRICT
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 4000.0101. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "City" means the City of Denton.
16	16	(3) "Director" means a board member.
17	17	(4) "District" means the Tabor Ranch Municipal
18	18	Management District.
19	19	Sec. 4000.0102. NATURE OF DISTRICT. The Tabor Ranch
20	20	Municipal Management District is a special district created under
21	21	Section 59, Article XVI, Texas Constitution.
22	22	Sec. 4000.0103. PURPOSE; DECLARATION OF INTENT. (a) The
23	23	creation of the district is essential to accomplish the purposes of
24	24	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
25	25	Texas Constitution, and other public purposes stated in this
26	26	chapter.
27	27	(b) By creating the district and in authorizing the city and
28	28	other political subdivisions to contract with the district, the
29	29	legislature has established a program to accomplish the public
30	30	purposes set out in Section 52-a, Article III, Texas Constitution.
31	31	(c) The creation of the district is necessary to promote,
32	32	develop, encourage, and maintain employment, commerce,
33	33	transportation, housing, tourism, recreation, the arts,
34	34	entertainment, economic development, safety, and the public
35	35	welfare in the district.
36	36	(d) This chapter and the creation of the district may not be
37	37	interpreted to relieve the city from providing the level of
38	38	services provided as of the effective date of the Act enacting this
39	39	chapter to the area in the district. The district is created to
40	40	supplement and not to supplant city services provided in the
41	41	district.
42	42	Sec. 4000.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
43	43	(a) All land and other property included in the district will
44	44	benefit from the improvements and services to be provided by the
45	45	district under powers conferred by Sections 52 and 52-a, Article
46	46	III, and Section 59, Article XVI, Texas Constitution, and other
47	47	powers granted under this chapter.
48	48	(b) The district is created to serve a public use and
49	49	benefit.
50	50	(c) The creation of the district is in the public interest
51	51	and is essential to further the public purposes of:
52	52	(1) developing and diversifying the economy of the
53	53	state;
54	54	(2) eliminating unemployment and underemployment; and
55	55	(3) developing or expanding transportation and
56	56	commerce.
57	57	(d) The district will:
58	58	(1) promote the health, safety, and general welfare of
59	59	residents, employers, potential employees, employees, visitors,
60	60	and consumers in the district, and of the public;
61	61	(2) provide needed funding for the district to
62	62	preserve, maintain, and enhance the economic health and vitality of
63	63	the district territory as a community and business center;
64	64	(3) promote the health, safety, welfare, and enjoyment
65	65	of the public by providing pedestrian ways and by landscaping and
66	66	developing certain areas in the district, which are necessary for
67	67	the restoration, preservation, and enhancement of scenic beauty;
68	68	and
69	69	(4) provide for water, wastewater, drainage, road, and
70	70	recreational facilities for the district.
71	71	(e) Pedestrian ways along or across a street, whether at
72	72	grade or above or below the surface, and street lighting, street
73	73	landscaping, parking, and street art objects are parts of and
74	74	necessary components of a street and are considered to be a street
75	75	or road improvement.
76	76	(f) The district will not act as the agent or
77	77	instrumentality of any private interest even though the district
78	78	will benefit many private interests as well as the public.
79	79	Sec. 4000.0105. INITIAL DISTRICT TERRITORY. (a) The
80	80	district is initially composed of the territory described by
81	81	Section 2 of the Act enacting this chapter.
82	82	(b) The boundaries and field notes contained in Section 2 of
83	83	the Act enacting this chapter form a closure. A mistake in the
84	84	field notes or in copying the field notes in the legislative process
85	85	does not affect the district's:
86	86	(1) organization, existence, or validity;
87	87	(2) right to issue any type of bonds for the purposes
88	88	for which the district is created or to pay the principal of and
89	89	interest on the bonds;
90	90	(3) right to impose or collect an assessment; or
91	91	(4) legality or operation.
92	92	Sec. 4000.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
93	93	All or any part of the area of the district is eligible to be
94	94	included in:
95	95	(1) a tax increment reinvestment zone created under
96	96	Chapter 311, Tax Code; or
97	97	(2) a tax abatement reinvestment zone created under
98	98	Chapter 312, Tax Code.
99	99	Sec. 4000.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
100	100	DISTRICTS LAW. Except as otherwise provided by this chapter,
101	101	Chapter 375, Local Government Code, applies to the district.
102	102	Sec. 4000.0108. PRECONDITION. (a) The district may not
103	103	exercise any powers granted to the district by this chapter or other
104	104	law unless a development agreement between the city and the primary
105	105	landowner in the district that establishes the standards that apply
106	106	to development in the district, in addition to those contained in
107	107	zoning, subdivision, and other applicable ordinances of the city,
108	108	has been executed.
109	109	(b) If a development agreement described by Subsection (a)
110	110	has not been executed before September 1, 2025, the board shall
111	111	dissolve the district in the manner provided by Subchapter I as soon
112	112	as possible after September 1, 2025.
113	113	Sec. 4000.0109. CONSTRUCTION OF CHAPTER. This chapter
114	114	shall be liberally construed in conformity with the findings and
115	115	purposes stated in this chapter.
116	116	SUBCHAPTER B. BOARD OF DIRECTORS
117	117	Sec. 4000.0201. GOVERNING BODY; TERMS. (a) The district is
118	118	governed by a board of five elected directors who serve staggered
119	119	terms of four years.
120	120	(b) Directors are elected in the manner provided by
121	121	Subchapter D, Chapter 49, Water Code.
122	122	Sec. 4000.0202. COMPENSATION; EXPENSES. (a) The district
123	123	may compensate each director in an amount not to exceed $150 for
124	124	each board meeting. The total amount of compensation for each
125	125	director in one year may not exceed $7,200.
126	126	(b) A director is entitled to reimbursement for necessary
127	127	and reasonable expenses incurred in carrying out the duties and
128	128	responsibilities of the board.
129	129	Sec. 4000.0203. INITIAL DIRECTORS. (a) The initial board
130	130	consists of the following directors:
131	131	Pos. No. Name of Director Pos. No. Name of Director
132	132	Pos. No. Name of Director
133	133	1 James Johnston 1 James Johnston
134	134	1 James Johnston
135	135	2 Felix Wong 2 Felix Wong
136	136	2 Felix Wong
137	137	3 Damian Perez 3 Damian Perez
138	138	3 Damian Perez
139	139	4 Buck Nguyen 4 Buck Nguyen
140	140	4 Buck Nguyen
141	141	5 Anna Stewart 5 Anna Stewart
142	142	5 Anna Stewart
143	143	(b) Of the initial directors, the terms of directors
144	144	appointed for positions one through three expire June 1, 2025, and
145	145	the terms of directors appointed for positions four and five expire
146	146	June 1, 2027.
147	147	SUBCHAPTER C. POWERS AND DUTIES
148	148	Sec. 4000.0301. GENERAL POWERS AND DUTIES. The district
149	149	has the powers and duties necessary to accomplish the purposes for
150	150	which the district is created.
151	151	Sec. 4000.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
152	152	district, using any money available to the district for the
153	153	purpose, may provide, design, construct, acquire, improve,
154	154	relocate, operate, maintain, or finance an improvement project or
155	155	service authorized under this chapter or under Chapter 375, Local
156	156	Government Code.
157	157	(b) The district may contract with a governmental or private
158	158	entity to carry out an action under Subsection (a).
159	159	(c) The implementation of a district project or service is a
160	160	governmental function or service for the purposes of Chapter 791,
161	161	Government Code.
162	162	Sec. 4000.0303. NONPROFIT CORPORATION. (a) The board by
163	163	resolution may authorize the creation of a nonprofit corporation to
164	164	assist and act for the district in implementing a project or
165	165	providing a service authorized by this chapter.
166	166	(b) The nonprofit corporation:
167	167	(1) has each power of and is considered to be a local
168	168	government corporation created under Subchapter D, Chapter 431,
169	169	Transportation Code; and
170	170	(2) may implement any project and provide any service
171	171	authorized by this chapter.
172	172	(c) The board shall appoint the board of directors of the
173	173	nonprofit corporation. The board of directors of the nonprofit
174	174	corporation shall serve in the same manner as the board of directors
175	175	of a local government corporation created under Subchapter D,
176	176	Chapter 431, Transportation Code, except that a board member is not
177	177	required to reside in the district.
178	178	Sec. 4000.0304. LAW ENFORCEMENT SERVICES. To protect the
179	179	public interest, the district may contract with a qualified party,
180	180	including the city, to provide law enforcement services in the
181	181	district for a fee.
182	182	Sec. 4000.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
183	183	The district may join and pay dues to a charitable or nonprofit
184	184	organization that performs a service or provides an activity
185	185	consistent with the furtherance of a district purpose.
186	186	Sec. 4000.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
187	187	district may engage in activities that accomplish the economic
188	188	development purposes of the district.
189	189	(b) The district may establish and provide for the
190	190	administration of one or more programs to promote state or local
191	191	economic development and to stimulate business and commercial
192	192	activity in the district, including programs to:
193	193	(1) make loans and grants of public money; and
194	194	(2) provide district personnel and services.
195	195	(c) The district may create economic development programs
196	196	and exercise the economic development powers provided to
197	197	municipalities by:
198	198	(1) Chapter 380, Local Government Code; and
199	199	(2) Subchapter A, Chapter 1509, Government Code.
200	200	Sec. 4000.0307. PARKING FACILITIES. (a) The district may
201	201	acquire, lease as lessor or lessee, construct, develop, own,
202	202	operate, and maintain parking facilities or a system of parking
203	203	facilities, including lots, garages, parking terminals, or other
204	204	structures or accommodations for parking motor vehicles off the
205	205	streets and related appurtenances.
206	206	(b) The district's parking facilities serve the public
207	207	purposes of the district and are owned, used, and held for a public
208	208	purpose even if leased or operated by a private entity for a term of
209	209	years.
210	210	(c) The district's parking facilities are parts of and
211	211	necessary components of a street and are considered to be a street
212	212	or road improvement.
213	213	(d) The development and operation of the district's parking
214	214	facilities may be considered an economic development program.
215	215	Sec. 4000.0308. ADDING OR EXCLUDING LAND. The district may
216	216	add or exclude land in the manner provided by Subchapter J, Chapter
217	217	49, Water Code, or by Subchapter H, Chapter 54, Water Code.
218	218	Sec. 4000.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
219	219	board by resolution shall establish the number of directors'
220	220	signatures and the procedure required for a disbursement or
221	221	transfer of district money.
222	222	Sec. 4000.0310. DIVISION OF DISTRICT. (a) The district may
223	223	be divided into two or more new districts only if the district:
224	224	(1) has no outstanding bonded debt; and
225	225	(2) is not imposing ad valorem taxes.
226	226	(b) This chapter applies to any new district created by the
227	227	division of the district, and a new district has all the powers and
228	228	duties of the district.
229	229	(c) Any new district created by the division of the district
230	230	may not, at the time the new district is created, contain any land
231	231	outside the area described by Section 2 of the Act enacting this
232	232	chapter.
233	233	(d) The board, on its own motion or on receipt of a petition
234	234	signed by the owner or owners of a majority of the assessed value of
235	235	the real property in the district, may adopt an order dividing the
236	236	district.
237	237	(e) An order dividing the district must:
238	238	(1) name each new district;
239	239	(2) include the metes and bounds description of the
240	240	territory of each new district;
241	241	(3) appoint initial directors for each new district;
242	242	and
243	243	(4) provide for the division of assets and liabilities
244	244	between or among the new districts.
245	245	(f) On or before the 30th day after the date of adoption of
246	246	an order dividing the district, the district shall file the order
247	247	with the Texas Commission on Environmental Quality and record the
248	248	order in the real property records of each county in which the
249	249	district is located.
250	250	(g) Any new district created by the division of the district
251	251	must hold an election as required by this chapter to obtain voter
252	252	approval before the district may impose a maintenance tax or issue
253	253	bonds payable wholly or partly from ad valorem taxes.
254	254	(h) Municipal consent to the creation of the district and to
255	255	the inclusion of land in the district granted under Section
256	256	4000.0506 acts as municipal consent to the creation of any new
257	257	district created by the division of the district and to the
258	258	inclusion of land in the new district.
259	259	Sec. 4000.0311. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
260	260	Section 375.161, Local Government Code, does not apply to the
261	261	district.
262	262	Sec. 4000.0312. EMINENT DOMAIN. The district may exercise
263	263	the power of eminent domain in the manner provided by Section
264	264	49.222, Water Code.
265	265	SUBCHAPTER D. ASSESSMENTS
266	266	Sec. 4000.0401. PETITION REQUIRED FOR FINANCING SERVICES
267	267	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
268	268	service or improvement project with assessments under this chapter
269	269	unless a written petition requesting that service or improvement
270	270	has been filed with the board.
271	271	(b) A petition filed under Subsection (a) must be signed by
272	272	the owners of a majority of the assessed value of real property in
273	273	the district subject to assessment according to the most recent
274	274	certified tax appraisal roll for the county.
275	275	Sec. 4000.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
276	276	The board by resolution may impose and collect an assessment for any
277	277	purpose authorized by this chapter in all or any part of the
278	278	district.
279	279	(b) An assessment, a reassessment, or an assessment
280	280	resulting from an addition to or correction of the assessment roll
281	281	by the district, penalties and interest on an assessment or
282	282	reassessment, an expense of collection, and reasonable attorney's
283	283	fees incurred by the district:
284	284	(1) are a first and prior lien against the property
285	285	assessed;
286	286	(2) are superior to any other lien or claim other than
287	287	a lien or claim for county, school district, or municipal ad valorem
288	288	taxes; and
289	289	(3) are the personal liability of and a charge against
290	290	the owners of the property even if the owners are not named in the
291	291	assessment proceedings.
292	292	(c) The lien is effective from the date of the board's
293	293	resolution imposing the assessment until the date the assessment is
294	294	paid. The board may enforce the lien in the same manner that the
295	295	board may enforce an ad valorem tax lien against real property.
296	296	(d) The board may make a correction to or deletion from the
297	297	assessment roll that does not increase the amount of assessment of
298	298	any parcel of land without providing notice and holding a hearing in
299	299	the manner required for additional assessments.
300	300	SUBCHAPTER E. TAXES AND BONDS
301	301	Sec. 4000.0501. TAX ELECTION REQUIRED. (a) The district
302	302	must hold an election in the manner provided by Chapter 49, Water
303	303	Code, or, if applicable, Chapter 375, Local Government Code, to
304	304	obtain voter approval before the district may impose an ad valorem
305	305	tax.
306	306	(b) Section 375.243, Local Government Code, does not apply
307	307	to the district.
308	308	Sec. 4000.0502. OPERATION AND MAINTENANCE TAX. (a) If
309	309	authorized by a majority of the district voters voting at an
310	310	election under Section 4000.0501, the district may impose an
311	311	operation and maintenance tax on taxable property in the district
312	312	in the manner provided by Section 49.107, Water Code, for any
313	313	district purpose, including to:
314	314	(1) maintain and operate the district;
315	315	(2) construct or acquire improvements; or
316	316	(3) provide a service.
317	317	(b) The board shall determine the operation and maintenance
318	318	tax rate. The rate may not exceed the rate approved at the
319	319	election.
320	320	Sec. 4000.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
321	321	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
322	322	terms determined by the board.
323	323	(b) The district may issue bonds, notes, or other
324	324	obligations payable wholly or partly from ad valorem taxes,
325	325	assessments, impact fees, revenue, contract payments, grants, or
326	326	other district money, or any combination of those sources of money,
327	327	to pay for any authorized district purpose.
328	328	(c) The district may issue, by public or private sale,
329	329	bonds, notes, or other obligations payable wholly or partly from
330	330	assessments in the manner provided by Subchapter A, Chapter 372,
331	331	Local Government Code, if the improvement financed by the
332	332	obligation issued under this section will be conveyed to or
333	333	operated and maintained by a municipality or other retail utility
334	334	provider pursuant to an agreement with the district entered into
335	335	before the issuance of the obligation.
336	336	Sec. 4000.0504. BONDS SECURED BY REVENUE OR CONTRACT
337	337	PAYMENTS. The district may issue, without an election, bonds
338	338	secured by:
339	339	(1) revenue other than ad valorem taxes, including
340	340	contract revenues; or
341	341	(2) contract payments, provided that the requirements
342	342	of Section 49.108, Water Code, have been met.
343	343	Sec. 4000.0505. BONDS SECURED BY AD VALOREM TAXES;
344	344	ELECTIONS. (a) If authorized at an election under Section
345	345	4000.0501, the district may issue bonds payable from ad valorem
346	346	taxes.
347	347	(b) At the time the district issues bonds payable wholly or
348	348	partly from ad valorem taxes, the board shall provide for the annual
349	349	imposition of a continuing direct annual ad valorem tax, without
350	350	limit as to rate or amount, for each year that all or part of the
351	351	bonds are outstanding as required and in the manner provided by
352	352	Sections 54.601 and 54.602, Water Code.
353	353	(c) All or any part of any facilities or improvements that
354	354	may be acquired by a district by the issuance of its bonds may be
355	355	submitted as a single proposition or as several propositions to be
356	356	voted on at the election.
357	357	Sec. 4000.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
358	358	board may not issue bonds until each municipality in whose
359	359	corporate limits or extraterritorial jurisdiction the district is
360	360	located has consented by ordinance or resolution to the creation of
361	361	the district and to the inclusion of land in the district.
362	362	(b) This section applies only to the district's first
363	363	issuance of bonds payable from ad valorem taxes.
364	364	SUBCHAPTER I. DISSOLUTION
365	365	Sec. 4000.0901. DISSOLUTION. (a) The board shall dissolve
366	366	the district on written petition filed with the board by the owners
367	367	of:
368	368	(1) 66 percent or more of the assessed value subject to
369	369	assessment by the district of the property in the district based on
370	370	the most recent certified county property tax rolls; or
371	371	(2) 66 percent or more of the surface area of the
372	372	district, excluding roads, streets, highways, utility
373	373	rights-of-way, other public areas, and other property exempt from
374	374	assessment by the district according to the most recent certified
375	375	county property tax rolls.
376	376	(b) The district may not be dissolved if the district:
377	377	(1) has any outstanding bonded or other indebtedness
378	378	until that bonded or other indebtedness has been repaid or defeased
379	379	in accordance with the order or resolution authorizing the issuance
380	380	of the bonded or other indebtedness;
381	381	(2) has a contractual obligation to pay money until
382	382	that obligation has been fully paid in accordance with the
383	383	contract; or
384	384	(3) owns, operates, or maintains public works,
385	385	facilities, or improvements unless the district has contracted with
386	386	another party for the ownership and operation or maintenance of the
387	387	public works, facilities, or improvements.
388	388	(c) Section 375.262, Local Government Code, does not apply
389	389	to the district.
390	390	SECTION 2. The Tabor Ranch Municipal Management District
391	391	initially includes all territory contained in the following area:
392	392	BEING, 599.392 ACRES OF LAND LOCATED IN THE S. WINFREY SURVEY,
393	393	ABSTRACT NUMBER 1319, DENTON COUNTY, TEXAS, BEING ALL OF THE TABOR
394	394	RANCH, LLC. CALLED 105.888 ACRE TRACT, ALL OF THE TABOR RANCH, LLC.
395	395	CALLED 21 ACRE TRACT, ALL OF THE TABOR RANCH, LLC. CALLED 52.437
396	396	ACRE TRACT, ALL OF THE TABOR RANCH, LLC. CALLED 177-1/2 ACRE TRACT
397	397	AND ALL OF THE TABOR RANCH, LLC. CALLED 173.93 ACRE TRACT AS
398	398	DESCRIBED IN DOCUMENT NUMBER 2010-12029 DEED RECORDS DENTON COUNTY,
399	399	TEXAS (D.R.D.C.T.), AND BEING A PART OF THE CALLED 70.892 ACRE
400	400	TRACT, DESCRIBED IN A DEED TO BEALL LEGACY PARTNERS, LP, RECORDED IN
401	401	INSTRUMENT NUMBER 148598, (D.R.D.C.T.) AND BEING MORE PARTICULARLY
402	402	DESCRIBED AS FOLLOWS BY METES AND BOUNDS:
403	403	BEGINNING AT A 1/2" IRON ROD FOUND IN THE APPROXIMATE INTERSECTION
404	404	OF THE CENTERLINE OF GEORGE OWENS (NO RECORD FOUND BY SURVEYOR) AND
405	405	THE SOUTH LINE OF OLD STONEY ROAD (NO RECORD FOUND BY SURVEYOR), IN
406	406	THE NORTH LINE OF THE BRYAN ANDERSON CALLED 125 ACRE TRACT RECORDED
407	407	IN VOLUME 358, PAGE 88 (D.R.D.C.T.) AND AT THE SOUTHEAST CORNER OF
408	408	SAID 52.437 ACRE TRACT);
409	409	THENCE SOUTH 89 DEGREES 53 MINUTES 21 SECONDS WEST, AT A DISTANCE OF
410	410	1710.80 FEET PASS A 1/2" IRON ROD FOUND IN THE SOUTH LINE OF SAID OLD
411	411	STONEY ROAD, AT THE NORTHWEST CORNER OF SAID 125 ACRE TRACT AND
412	412	BEING THE COMMON NORTHEAST CORNER OF THE FRED E. KENNEDY AND MARSHA
413	413	A. KENNEDY, CALLED 5.322 ACRE TRACT RECORDED IN INSTRUMENT NUMBER
414	414	1993-42458 (D.R.D.C.T.) CONTINUING ALONG THE SOUTH LINE OF OLD
415	415	STONEY ROAD AND THE NORTH LINE OF SAID 5.322 A TOTAL DISTANCE OF
416	416	1792.00 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET AT
417	417	THE SOUTHWEST CORNER OF SAID 52.437 ACRE TRACT SAME BEING THE COMMON
418	418	SOUTHEAST CORNER OF SAID 177-1/2 ACRE TRACT;
419	419	THENCE SOUTH 89 DEGREES 48 MINUTES 14 SECONDS WEST CONTINUING ALONG
420	420	THE SOUTH LINE OF SAID OLD STONEY ROAD, THE NORTH LINE OF SAID 5.322
421	421	ACRE TRACT, THE NORTH LINE OF THE MORADI ADDITION, AN ADDITION
422	422	RECORDED IN CABINET D, PAGE 69 PLAT RECORDS DENTON COUNTY, TEXAS,
423	423	THE NORTH LINE OF THE ANDREA BENNINGTON CALLED 5.286 ACRE TRACT
424	424	RECORDED IN VOLUME 5166, PAGE 3845 (D.R.D.C.T.), AND THE NORTH LINE
425	425	OF THE CAROL THOMAS CALLED 100 ACRE TRACT RECORDED IN DOCUMENT
426	426	NUMBER 95-0027698 (D.R.D.C.T.), A DISTANCE OF 1780.41 FEET TO A
427	427	1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET AT THE SOUTHWEST
428	428	CORNER OF SAID 177-1/2 ACRE TRACT FROM WHICH AN AXLE FOUND IN THE
429	429	SOUTH LINE OF SAID OLD STONEY ROAD, AT THE NORTHWEST CORNER OF SAID
430	430	100 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF THE PAUL S. NULL
431	431	AND JULIE K. NULL CALLED 4.005 ACRE TRACT RECORDED IN VOLUME 4186,
432	432	PAGE 315, (D.R.D.C.T.) BEARS SOUTH 89 DEGREES 48 MINUTES 14 SECONDS
433	433	WEST, A DISTANCE OF 1018.37 FEET;
434	434	THENCE NORTH 00 DEGREES 11 MINUTES 46 SECONDS WEST, ALONG THE WEST
435	435	LINE OF SAID 177-1/2 ACRE TRACT A DISTANCE OF 50.33 FEET TO A 3/8
436	436	IRON ROD FOUND (SLICK) IN THE NORTH LINE OF SAID OLD STONEY ROAD AND
437	437	AT THE SOUTHEAST CORNER OF SAID 173.93 ACRE TRACT;
438	438	THENCE SOUTH 89 DEGREES 55 MINUTES 21 SECONDS WEST ALONG THE SAID
439	439	NORTH LINE OF OLD STONEY ROAD A DISTANCE OF 1819.38 FEET TO A PIPE
440	440	FENCE CORNER (WITH FLAGGING) FOUND AT THE SOUTHWEST CORNER OF SAID
441	441	173.93 ACRE TRACT, SAME BEING THE COMMON SOUTHEAST CORNER OF THE J.
442	442	YOUNG LAND & CATTLE, LTD CALLED 153.86 ACRE TRACT RECORDED IN
443	443	INSTRUMENT NUMBER 2003-203076 (D.R.D.C.T.);
444	444	THENCE NORTH 00 DEGREES 02 MINUTES 53 SECONDS EAST, A DISTANCE OF
445	445	4165.36 FEET TO A 60D NAIL (FLAGGED) FOUND IN THE SOUTH LINE OF THE
446	446	DANIEL ROBERSON BYPASS TRUST SCHOOLFIELD CALLED 174.14 AC TRACT
447	447	RECORDED IN VOLUME 297, PG. 412 AT THE NORTHWEST CORNER OF SAID
448	448	173.93 ACRE TRACT SAME BEING THE COMMON NORTHEAST CORNER OF SAID
449	449	153.86 ACRE TRACT;
450	450	THENCE NORTH 89 DEGREES 45 MINUTES 22 SECONDS EAST, A DISTANCE OF
451	451	1818.76 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET IN
452	452	THE WEST LINE OF SAID 177-1/2 ACRE TRACT AT THE NORTHEAST CORNER OF
453	453	SAID 173.93 ACRE TRACT SAME BEING THE COMMON SOUTHEAST CORNER OF
454	454	SAID 174.14 ACRE TRACT;
455	455	THENCE NORTH 00 DEGREES 12 MINUTES 29 SECONDS EAST, A DISTANCE OF
456	456	153.04 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET IN
457	457	THE EAST LINE OF SAID 174.14 ACRE TRACT AT THE NORTHWEST CORNER OF
458	458	SAID 177-1/2 ACRE TRACT, AND BEING THE COMMON SOUTHWEST CORNER OF
459	459	THE RK & RK INVESTMENTS, INC. CALLED 79 ACRE TRACT RECORDED IN
460	460	INSTRUMENT NUMBER 2018-99798 (D.R.D.C.T.);
461	461	THENCE SOUTH 89 DEGREES 47 MINUTES 31 SECONDS EAST, A DISTANCE OF
462	462	1793.00 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTHEAST CORNER OF
463	463	SAID 79 ACRE TRACT, SAME BEING THE COMMON NORTHEAST CORNER OF SAID
464	464	177-1/2 ACRE TRACT, THE COMMON NORTHWEST CORNER OF SAID 105.888
465	465	ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF SAID 70.892 ACRE
466	466	TRACT;
467	467	THENCE NORTH 00 DEGREES 11 MINUTES 14 SECONDS EAST ALONG THE WEST
468	468	LINE OF SAID 70.892 ACRE TRACT AND THE COMMON EAST LINE OF SAID 79
469	469	ACRE TRACT, A DISTANCE OF 1670.02 FEET TO A A 1/2" IRON ROD WITH CAP
470	470	STAMPED "ONEAL 6570" SET AT THE SOUTHWEST CORNER OF A CALLED 4.4425
471	471	ACRE TRACT DESCRIBED IN A DEED TO THE STATE OF TEXAS, RECORDED IN
472	472	INSTRUMENT NUMBER 2008-33229, (D.R.D.C.T.), AND BEING THE SOUTH
473	473	RIGHT-OF-WAY LINE OF US HIGHWAY 380;
474	474	THENCE SOUTH 87 DEGREES 16 MINUTES 24 SECONDS EAST, ALONG THE SOUTH
475	475	RIGHT-OF-WAY LINE, A DISTANCE OF 1798.32 FEET TO A PK NAIL SET AT
476	476	THE SOUTHEAST CORNER OF SAID 4.4425 ACRE TRACT AND BEING IN THE EAST
477	477	LINE OF SAID 70.892 ACRE TRACT, AND BEING WITHIN GEORGE OWENS ROAD.
478	478	THENCE SOUTH 00 DEGREES 58 MINUTES 08 SECONDS WEST, ALONG THE EAST
479	479	LINE OF SAID 70.892 ACRE TRACT, A DISTANCE OF 1592.60 FEET TO 1/2"
480	480	IRON ROD WITH YELLOW CAP STAMPED "METROPLEX 1849" FOUND AT THE
481	481	SOUTHEAST CORNER OF SAID 70.892 ACRE TRACT, AND BEING INN THE NORTH
482	482	LINE OF SAID 105.888 ACRE TRACT;
483	483	THENCE SOUTH 89 DEGREES 44 MINUTES 46 SECONDS EAST, ALONG THE NORTH
484	484	LINE OF SAID 105.888 ACRE TRACT, A DISTANCE OF 19.16 FEET TO A 1/2"
485	485	IRON ROD WITH CAP STAMPED "ONEAL 6570" SET IN THE APPROXIMATE
486	486	CENTERLINE OF SAID GEORGE OWENS ROAD, SAME BEING THE WEST LINE OF
487	487	THE FONDER PROPERTIES, LLC CALLED 104.290 ACRE TRACT RECORDED IN
488	488	INSTRUMENT NUMBER 12243 (D.R.D.C.T.) AND BEING AT THE NORTHEAST
489	489	CORNER OF SAID 105.888 ACRE TRACT;
490	490	THENCE SOUTH 00 DEGREES 14 MINUTES 19 SECONDS WEST ALONG THE EAST
491	491	LINE OF SAID 105.888 ACRE TRACT SAME BEING THE COMMON WEST LINE OF
492	492	SAID 104.290 ACRE TRACT AND THE COMMON WEST LINE OF THE JOE B.
493	493	TINDLE AND WIFE ORLAN TINDLE CALLED 272.67 ACRE TRACT RECORDED IN
494	494	VOLUME 616, PAGE 338, (D.R.D.C.T.), A DISTANCE OF 3075.71 FEET TO A
495	495	1/2" IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID 105.888 ACRE
496	496	TRACT SAME BEING THE COMMON NORTHEAST CORNER OF THE SAID 52.437 ACRE
497	497	TRACT;
498	498	THENCE SOUTH 00 DEGREES 13 MINUTES 28 SECONDS WEST, CONTINUING
499	499	ALONG THE EAST LINE OF SAID 52.437 ACRE TRACT AND THE COMMON WEST
500	500	LINE OF SAID 272.67 ACRE TRACT, A DISTANCE OF 1274.32 FEET TO THE
501	501	POINT OF BEGINNING AND CONTAINING 599.392 ACRES OF LAND, MORE OF
502	502	LESS BEARINGS RECITED HEREIN ARE BASED UPON THE TEXAS COORDINATE
503	503	SYSTEM OF 1983 (2011), NORTH CENTRAL ZONE (4202).
504	504	SECTION 3. (a) The legal notice of the intention to
505	505	introduce this Act, setting forth the general substance of this
506	506	Act, has been published as provided by law, and the notice and a
507	507	copy of this Act have been furnished to all persons, agencies,
508	508	officials, or entities to which they are required to be furnished
509	509	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
510	510	Government Code.
511	511	(b) The governor, one of the required recipients, has
512	512	submitted the notice and Act to the Texas Commission on
513	513	Environmental Quality.
514	514	(c) The Texas Commission on Environmental Quality has filed
515	515	its recommendations relating to this Act with the governor,
516	516	lieutenant governor, and speaker of the house of representatives
517	517	within the required time.
518	518	(d) All requirements of the constitution and laws of this
519	519	state and the rules and procedures of the legislature with respect
520	520	to the notice, introduction, and passage of this Act have been
521	521	fulfilled and accomplished.
522	522	SECTION 4. (a) Section 4000.0312, Special District Local
523	523	Laws Code, as added by Section 1 of this Act, takes effect only if
524	524	this Act receives a two-thirds vote of all the members elected to
525	525	each house.
526	526	(b) If this Act does not receive a two-thirds vote of all the
527	527	members elected to each house, Subchapter C, Chapter 4000, Special
528	528	District Local Laws Code, as added by Section 1 of this Act, is
529	529	amended by adding Section 4000.0312 to read as follows:
530	530	Sec. 4000.0312. NO EMINENT DOMAIN POWER. The district may
531	531	not exercise the power of eminent domain.
532	532	SECTION 5. This Act takes effect immediately if it receives
533	533	a vote of two-thirds of all the members elected to each house, as
534	534	provided by Section 39, Article III, Texas Constitution. If this
535	535	Act does not receive the vote necessary for immediate effect, this
536	536	Act takes effect September 1, 2023.
537	537	______________________________ ______________________________
538	538	President of the Senate Speaker of the House
539	539	I hereby certify that S.B. No. 2613 passed the Senate on
540	540	May 10, 2023, by the following vote: Yeas 26, Nays 3, one present
541	541	not voting.
542	542	______________________________
543	543	Secretary of the Senate
544	544	I hereby certify that S.B. No. 2613 passed the House on
545	545	May 24, 2023, by the following vote: Yeas 105, Nays 33, one
546	546	present not voting.
547	547	______________________________
548	548	Chief Clerk of the House
549	549	Approved:
550	550	______________________________
551	551	Date
552	552	______________________________
553	553	Governor
554	554
555	555	Pos. No. Name of Director
556	556
557	557	1 James Johnston
558	558
559	559	2 Felix Wong
560	560
561	561	3 Damian Perez
562	562
563	563	4 Buck Nguyen
564	564
565	565	5 Anna Stewart