Texas 2025 - 89th Regular

Texas Senate Bill SB3050 Compare Versions

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Old	New	Differences
1	1	89R21601 JTZ-F
2	2	By: Hughes S.B. No. 3050
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Fannin County Improvement District
10	10	No. 1; providing authority to issue bonds; providing authority to
11	11	impose assessments, fees, and taxes.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 4, Special District Local Laws
14	14	Code, is amended by adding Chapter 4205 to read as follows:
15	15	CHAPTER 4205. FANNIN COUNTY IMPROVEMENT DISTRICT NO. 1
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 4205.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "County" means Fannin County.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Fannin County Improvement
22	22	District No. 1.
23	23	Sec. 4205.0102. NATURE OF DISTRICT. The Fannin County
24	24	Improvement District No. 1 is a special district created under
25	25	Section 59, Article XVI, Texas Constitution.
26	26	Sec. 4205.0103. PURPOSE; DECLARATION OF INTENT. (a) The
27	27	creation of the district is essential to accomplish the purposes of
28	28	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
29	29	Texas Constitution, and other public purposes stated in this
30	30	chapter.
31	31	(b) By creating the district and in authorizing the county
32	32	and other political subdivisions to contract with the district, the
33	33	legislature has established a program to accomplish the public
34	34	purposes set out in Section 52-a, Article III, Texas Constitution.
35	35	(c) The creation of the district is necessary to promote,
36	36	develop, encourage, and maintain employment, commerce,
37	37	transportation, housing, tourism, recreation, the arts,
38	38	entertainment, economic development, safety, and the public
39	39	welfare in the district.
40	40	(d) This chapter and the creation of the district may not be
41	41	interpreted to relieve the county from providing the level of
42	42	services provided as of the effective date of the Act enacting this
43	43	chapter to the area in the district. The district is created to
44	44	supplement and not to supplant county services provided in the
45	45	district.
46	46	Sec. 4205.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
47	47	(a) All land and other property included in the district will
48	48	benefit from the improvements and services to be provided by the
49	49	district under powers conferred by Sections 52 and 52-a, Article
50	50	III, and Section 59, Article XVI, Texas Constitution, and other
51	51	powers granted under this chapter.
52	52	(b) The district is created to serve a public use and
53	53	benefit.
54	54	(c) The creation of the district is in the public interest
55	55	and is essential to further the public purposes of:
56	56	(1) developing and diversifying the economy of the
57	57	state;
58	58	(2) eliminating unemployment and underemployment; and
59	59	(3) developing or expanding transportation and
60	60	commerce.
61	61	(d) The district will:
62	62	(1) promote the health, safety, and general welfare of
63	63	residents, employers, potential employees, employees, visitors,
64	64	and consumers in the district, and of the public;
65	65	(2) provide needed funding for the district to
66	66	preserve, maintain, and enhance the economic health and vitality of
67	67	the district territory as a community and business center;
68	68	(3) promote the health, safety, welfare, and enjoyment
69	69	of the public by providing pedestrian ways and by landscaping and
70	70	developing certain areas in the district, which are necessary for
71	71	the restoration, preservation, and enhancement of scenic beauty;
72	72	and
73	73	(4) provide for water, wastewater, drainage, road, and
74	74	recreational facilities for the district.
75	75	(e) Pedestrian ways along or across a street, whether at
76	76	grade or above or below the surface, and street lighting, street
77	77	landscaping, parking, and street art objects are parts of and
78	78	necessary components of a street and are considered to be a street
79	79	or road improvement.
80	80	(f) The district will not act as the agent or
81	81	instrumentality of any private interest even though the district
82	82	will benefit many private interests as well as the public.
83	83	Sec. 4205.0105. INITIAL DISTRICT TERRITORY. (a) The
84	84	district is initially composed of the territory described by
85	85	Section 2 of the Act enacting this chapter.
86	86	(b) The boundaries and field notes contained in Section 2 of
87	87	the Act enacting this chapter form a closure. A mistake in the
88	88	field notes or in copying the field notes in the legislative process
89	89	does not affect the district's:
90	90	(1) organization, existence, or validity;
91	91	(2) right to issue any type of bonds for the purposes
92	92	for which the district is created or to pay the principal of and
93	93	interest on the bonds;
94	94	(3) right to impose or collect an assessment or tax; or
95	95	(4) legality or operation.
96	96	Sec. 4205.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
97	97	All or any part of the area of the district is eligible to be
98	98	included in:
99	99	(1) a tax increment reinvestment zone created under
100	100	Chapter 311, Tax Code; or
101	101	(2) a tax abatement reinvestment zone created under
102	102	Chapter 312, Tax Code.
103	103	Sec. 4205.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
104	104	DISTRICTS LAW. Except as otherwise provided by this chapter,
105	105	Chapter 375, Local Government Code, applies to the district.
106	106	Sec. 4205.0108. CONSTRUCTION OF CHAPTER. This chapter
107	107	shall be liberally construed in conformity with the findings and
108	108	purposes stated in this chapter.
109	109	SUBCHAPTER B. BOARD OF DIRECTORS
110	110	Sec. 4205.0201. GOVERNING BODY; TERMS. (a) The district is
111	111	governed by a board of five voting directors elected or appointed as
112	112	provided by this chapter and Subchapter D, Chapter 49, Water Code.
113	113	(b) Except as provided by Section 4205.0203, voting
114	114	directors serve staggered four-year terms.
115	115	Sec. 4205.0202. COMPENSATION. (a) A director is entitled
116	116	to receive fees of office and reimbursement for actual expenses as
117	117	provided by Section 49.060, Water Code.
118	118	(b) Sections 375.069 and 375.070, Local Government Code, do
119	119	not apply to the board.
120	120	Sec. 4205.0203. TEMPORARY DIRECTORS. (a) On or after the
121	121	effective date of the Act enacting this chapter, the owner or owners
122	122	of a majority of the assessed value of the real property in the
123	123	district according to the most recent certified tax appraisal roll
124	124	for the county may submit a petition to the Texas Commission on
125	125	Environmental Quality requesting that the commission appoint as
126	126	temporary voting directors the five persons named in the petition.
127	127	The commission shall appoint as temporary voting directors the five
128	128	persons named in the petition.
129	129	(b) The temporary voting or successor temporary voting
130	130	directors shall hold an election to elect five permanent voting
131	131	directors as provided by Section 4205.0201.
132	132	(c) Temporary voting directors serve until the earlier of:
133	133	(1) the date permanent voting directors are elected
134	134	under Subsection (b); or
135	135	(2) the fourth anniversary of the effective date of
136	136	the Act enacting this chapter.
137	137	(d) If permanent voting directors have not been elected
138	138	under Subsection (b) and the terms of the temporary voting
139	139	directors have expired, successor temporary voting directors shall
140	140	be appointed or reappointed as provided by Subsection (e) to serve
141	141	terms that expire on the earlier of:
142	142	(1) the date permanent voting directors are elected
143	143	under Subsection (b); or
144	144	(2) the fourth anniversary of the date of the
145	145	appointment or reappointment.
146	146	(e) If Subsection (d) applies, the owner or owners of a
147	147	majority of the assessed value of the real property in the district
148	148	according to the most recent certified tax appraisal roll for the
149	149	county may submit a petition to the Texas Commission on
150	150	Environmental Quality requesting that the commission appoint as
151	151	successor temporary voting directors the five persons named in the
152	152	petition. The commission shall appoint as successor temporary
153	153	voting directors the five persons named in the petition.
154	154	Sec. 4205.0204. NONVOTING DIRECTORS. The board may appoint
155	155	nonvoting directors to serve at the pleasure of the voting
156	156	directors.
157	157	Sec. 4205.0205. QUORUM. For purposes of determining the
158	158	requirements for a quorum of the board, the following are not
159	159	counted:
160	160	(1) a board position vacant for any reason, including
161	161	death, resignation, or disqualification;
162	162	(2) a director who is abstaining from participation in
163	163	a vote because of a conflict of interest; or
164	164	(3) a nonvoting director.
165	165	SUBCHAPTER C. POWERS AND DUTIES
166	166	Sec. 4205.0301. GENERAL POWERS AND DUTIES. The district
167	167	has the powers and duties necessary to accomplish the purposes for
168	168	which the district is created.
169	169	Sec. 4205.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
170	170	district, using any money available to the district for the
171	171	purpose, may provide, design, construct, acquire, improve,
172	172	relocate, operate, maintain, or finance an improvement project or
173	173	service authorized under this chapter or Chapter 375, Local
174	174	Government Code.
175	175	(b) The district may contract with a governmental or private
176	176	entity to carry out an action under Subsection (a).
177	177	(c) The implementation of a district project or service is a
178	178	governmental function or service for the purposes of Chapter 791,
179	179	Government Code.
180	180	Sec. 4205.0303. LAW ENFORCEMENT SERVICES. To protect the
181	181	public interest, the district may contract with a qualified party,
182	182	including the county, to provide law enforcement services in the
183	183	district for a fee.
184	184	Sec. 4205.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
185	185	The district may join and pay dues to a charitable or nonprofit
186	186	organization that performs a service or provides an activity
187	187	consistent with the furtherance of a district purpose.
188	188	Sec. 4205.0305. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
189	189	district may engage in activities that accomplish the economic
190	190	development purposes of the district.
191	191	(b) The district may establish and provide for the
192	192	administration of one or more programs to promote state or local
193	193	economic development and to stimulate business and commercial
194	194	activity in the district, including programs to:
195	195	(1) make loans and grants of public money; and
196	196	(2) provide district personnel and services.
197	197	(c) The district may create economic development programs
198	198	and exercise the economic development powers provided to
199	199	municipalities by:
200	200	(1) Chapter 380, Local Government Code; and
201	201	(2) Subchapter A, Chapter 1509, Government Code.
202	202	Sec. 4205.0306. PARKING FACILITIES. (a) The district may
203	203	acquire, lease as lessor or lessee, construct, develop, own,
204	204	operate, and maintain parking facilities or a system of parking
205	205	facilities, including lots, garages, parking terminals, or other
206	206	structures or accommodations for parking motor vehicles off the
207	207	streets and related appurtenances.
208	208	(b) The district's parking facilities serve the public
209	209	purposes of the district and are owned, used, and held for a public
210	210	purpose even if leased or operated by a private entity for a term of
211	211	years.
212	212	(c) The district's parking facilities are parts of and
213	213	necessary components of a street and are considered to be a street
214	214	or road improvement.
215	215	(d) The development and operation of the district's parking
216	216	facilities may be considered an economic development program.
217	217	Sec. 4205.0307. DISBURSEMENTS AND TRANSFERS OF MONEY. The
218	218	board by resolution shall establish the number of directors'
219	219	signatures and the procedure required for a disbursement or
220	220	transfer of district money.
221	221	Sec. 4205.0308. ADDING OR EXCLUDING LAND. The district may
222	222	add or exclude land in the manner provided by Subchapter J, Chapter
223	223	49, Water Code, or by Subchapter H, Chapter 54, Water Code.
224	224	Sec. 4205.0309. NAVIGATION DISTRICT POWERS. (a) The
225	225	district has the powers provided by the general law of this state
226	226	applicable to navigation districts created under Section 59,
227	227	Article XVI, Texas Constitution, including Chapters 60 and 62,
228	228	Water Code.
229	229	(b) The district may purchase, construct, acquire, own,
230	230	operate, maintain, improve, or extend, inside and outside the
231	231	district, a canal, waterway, bulkhead, dock, or other improvement
232	232	or facility necessary or convenient to accomplish the navigation
233	233	purposes of the district.
234	234	Sec. 4205.0310. NO EMINENT DOMAIN POWER. The district may
235	235	not exercise the power of eminent domain.
236	236	SUBCHAPTER D. ASSESSMENTS
237	237	Sec. 4205.0401. PETITION REQUIRED FOR FINANCING SERVICES
238	238	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
239	239	service or improvement project with assessments under this chapter
240	240	unless a written petition requesting that service or improvement
241	241	has been filed with the board.
242	242	(b) A petition filed under Subsection (a) must be signed by
243	243	the owners of a majority of the assessed value of real property in
244	244	the district subject to assessment according to the most recent
245	245	certified tax appraisal roll for the county.
246	246	Sec. 4205.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
247	247	The board by resolution may impose and collect an assessment for any
248	248	purpose authorized by this chapter in all or any part of the
249	249	district.
250	250	(b) An assessment, a reassessment, or an assessment
251	251	resulting from an addition to or correction of the assessment roll
252	252	by the district, penalties and interest on an assessment or
253	253	reassessment, an expense of collection, and reasonable attorney's
254	254	fees incurred by the district:
255	255	(1) are a first and prior lien against the property
256	256	assessed;
257	257	(2) are superior to any other lien or claim other than
258	258	a lien or claim for county, school district, or municipal ad valorem
259	259	taxes; and
260	260	(3) are the personal liability of and a charge against
261	261	the owners of the property even if the owners are not named in the
262	262	assessment proceedings.
263	263	(c) The lien is effective from the date of the board's
264	264	resolution imposing the assessment until the date the assessment is
265	265	paid. The board may enforce the lien in the same manner that the
266	266	board may enforce an ad valorem tax lien against real property.
267	267	(d) The board may make a correction to or deletion from the
268	268	assessment roll that does not increase the amount of assessment of
269	269	any parcel of land without providing notice and holding a hearing in
270	270	the manner required for additional assessments.
271	271	SUBCHAPTER E. TAXES AND BONDS
272	272	Sec. 4205.0501. TAX ELECTION REQUIRED. (a) The district
273	273	must hold an election in the manner provided by Chapter 49, Water
274	274	Code, or, if applicable, Chapter 375, Local Government Code, to
275	275	obtain voter approval before the district may impose an ad valorem
276	276	tax.
277	277	(b) Section 375.243, Local Government Code, does not apply
278	278	to the district.
279	279	Sec. 4205.0502. OPERATION AND MAINTENANCE TAX. (a) If
280	280	authorized by a majority of the district voters voting at an
281	281	election under Section 4205.0501, the district may impose an
282	282	operation and maintenance tax on taxable property in the district
283	283	in the manner provided by Section 49.107, Water Code, for any
284	284	district purpose, including to:
285	285	(1) maintain and operate the district;
286	286	(2) construct or acquire improvements; or
287	287	(3) provide a service.
288	288	(b) The board shall determine the operation and maintenance
289	289	tax rate. The rate may not exceed the rate approved at the
290	290	election.
291	291	Sec. 4205.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
292	292	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
293	293	terms determined by the board.
294	294	(b) The district may issue bonds, notes, or other
295	295	obligations payable wholly or partly from ad valorem taxes,
296	296	assessments, impact fees, revenue, contract payments, grants, or
297	297	other district money, or any combination of those sources of money,
298	298	to pay for any authorized district purpose.
299	299	Sec. 4205.0504. BONDS SECURED BY REVENUE OR CONTRACT
300	300	PAYMENTS. The district may issue, without an election, bonds
301	301	secured by:
302	302	(1) revenue other than ad valorem taxes, including
303	303	contract revenues; or
304	304	(2) contract payments, provided that the requirements
305	305	of Section 49.108, Water Code, have been met.
306	306	Sec. 4205.0505. BONDS SECURED BY AD VALOREM TAXES;
307	307	ELECTIONS. (a) If authorized at an election under Section
308	308	4205.0501, the district may issue bonds payable from ad valorem
309	309	taxes.
310	310	(b) At the time the district issues bonds payable wholly or
311	311	partly from ad valorem taxes, the board shall provide for the annual
312	312	imposition of a continuing direct annual ad valorem tax, without
313	313	limit as to rate or amount, for each year that all or part of the
314	314	bonds are outstanding as required and in the manner provided by
315	315	Sections 54.601 and 54.602, Water Code.
316	316	(c) All or any part of any facilities or improvements that
317	317	may be acquired by a district by the issuance of its bonds may be
318	318	submitted as a single proposition or as several propositions to be
319	319	voted on at the election.
320	320	Sec. 4205.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
321	321	board may not issue bonds until each municipality in whose
322	322	corporate limits or extraterritorial jurisdiction the district is
323	323	located has consented by ordinance or resolution to the creation of
324	324	the district and to the inclusion of land in the district as
325	325	required by applicable law.
326	326	(b) This section applies only to the district's first
327	327	issuance of bonds payable from ad valorem taxes.
328	328	SUBCHAPTER I. DISSOLUTION
329	329	Sec. 4205.0901. DISSOLUTION. (a) The board shall dissolve
330	330	the district on written petition filed with the board by the owners
331	331	of at least two-thirds of the assessed value of the property subject
332	332	to assessment or taxation by the district based on the most recent
333	333	certified county property tax rolls.
334	334	(b) The board by majority vote may dissolve the district at
335	335	any time.
336	336	(c) The district may not be dissolved by its board under
337	337	Subsection (a) or (b) if the district:
338	338	(1) has any outstanding bonded indebtedness until that
339	339	bonded indebtedness has been repaid or defeased in accordance with
340	340	the order or resolution authorizing the issuance of the bonds;
341	341	(2) has a contractual obligation to pay money until
342	342	that obligation has been fully paid in accordance with the
343	343	contract; or
344	344	(3) owns, operates, or maintains public works,
345	345	facilities, or improvements unless the district contracts with
346	346	another person for the ownership, operation, or maintenance of the
347	347	public works, facilities, or improvements.
348	348	(d) Sections 375.261, 375.262, and 375.264, Local
349	349	Government Code, do not apply to the district.
350	350	SECTION 2. The Fannin County Improvement District No. 1
351	351	initially includes all territory contained in the following area:
352	352	BEING a 337.65 acre (14,707,855 square feet) tract of land,
353	353	situated in the Daniel Davis Survey, Abstract No. 269, John Nail
354	354	Survey, Abstract No. 842, William Perrin Survey, Abstract No. 873
355	355	and the William Lewis Survey, Abstract No. 649, Fannin County
356	356	Texas, and being part of a called 56.605 acre tract of land referred
357	357	to as Johnson Family Trust (Tract Ten "Parcel J"), part of a called
358	358	57.544 acre tract, (Tract Ten "Parcel I"), part of a called 76 acre
359	359	tract, (Tract Ten "Parcel A"), all of a called 39.5 acre tract
360	360	(Tract 10 "Parcel B"), part of a called 66.050 acre tract (Tract 10
361	361	"Parcel F"), all of a called 55 acre tract (Tract Fourteen), all of
362	362	a called 52 acre tract, (Tract Twelve "Parcel B"), all of a called
363	363	50 acre tract (Tract Twelve "Parcel C"), part of a called 50 acre
364	364	tract (Tract Twelve "Parcel D"), all of a called 2-1/2 acre tract
365	365	(Tract Twelve "Parcel E"), described in a Warranty Deed to Loyd D.
366	366	Johnson Family Limited Partnership No. One, a Texas Limited
367	367	Partnership, as recorded in Volume 1775, Page 129 of the Deed
368	368	Records of Fannin County, Texas (D.R.F.C.T.), and being more
369	369	particularly described by metes and bounds as follows:
370	370	BEGINNING at a 1-1/4-inch steel pipe with a 3-1/4-inch
371	371	aluminum disk stamped "RPS 2474" found (herein referred to as a pipe
372	372	monument) for the northeast corner of called 35.178 acre tract of
373	373	land described in a Warranty Deed to the United States of America
374	374	(herein referred to as U.S.A.), as recorded in Volume 247, Page 76,
375	375	D.R.F.C.T., same being an interior Ell corner of said Johnson
376	376	Family Trust (Tract Ten "Parcel I");
377	377	THENCE South 88 degrees 52 minutes 16 seconds West, along the
378	378	south line of said Johnson Family Trust (Tract Ten "Parcel I") and
379	379	the north line of said 35.178 acre U.S.A. tract, passing at a
380	380	distance of 88.12 feet the southwest corner of said Johnson Family
381	381	Trust (Tract Ten "Parcel I"), same being the southeast corner of
382	382	said Johnson Family Trust (Tract Ten "Parcel J"), continuing for a
383	383	total distance of 670.00 feet to a 5/8-inch iron rod with yellow
384	384	plastic cap stamped "CP&Y" found for corner;
385	385	THENCE North 47 degrees 29 minutes 54 seconds East, departing
386	386	the north line of said 35.178 acre U.S.A. tract, over and across
387	387	said Johnson Family Trust (Tract Ten "Parcel J") a distance of
388	388	756.80 feet to a 5/8-inch iron rod with yellow plastic cap stamped
389	389	"CP&Y" found for corner;
390	390	THENCE South 62 degrees 33 minutes 08 seconds East,
391	391	continuing over and across said Johnson Family Trust (Tract Ten
392	392	"Parcel J"), passing at a distance of 16.71 feet the common east
393	393	line of said Johnson Family Trust (Tract Ten "Parcel J") and the
394	394	west line of said Johnson Family Trust (Tract Ten "Parcel I")
395	395	continuing for a distance of 1,038.07 feet to a 5/8-inch iron rod
396	396	with yellow plastic cap stamped "CP&Y" found for corner;
397	397	THENCE continuing over and across said Johnson Family Trust
398	398	(Tract Ten "Parcel I"), the following eight (8) courses and
399	399	distances:
400	400	1. South 16 degrees 54 minutes 07 seconds East, a distance of
401	401	244.25 feet to a 5/8-inch iron rod with yellow plastic cap stamped
402	402	"CP&Y" found for corner;
403	403	2. South 88 degrees 41 minutes 43 seconds East, a distance of
404	404	177.59 feet to a 5/8-inch iron rod with yellow plastic cap stamped
405	405	"CP&Y" found for corner;
406	406	3. North 41 degrees 45 minutes 40 seconds East, a distance of
407	407	242.19 feet to a 5/8-inch iron rod with yellow plastic cap stamped
408	408	"CP&Y" found for corner;
409	409	4. North 83 degrees 58 minutes 10 seconds East, a distance of 45.49
410	410	feet to a 5/8-inch iron rod with yellow plastic cap stamped "STV"
411	411	set for corner;
412	412	5. South 00 degrees 47 minutes 41 seconds East, a distance of
413	413	190.22 feet to a 5/8-inch iron rod with yellow plastic cap stamped
414	414	"STV" set for corner;
415	415	6. South 06 degrees 53 minutes 05 seconds East, a distance of
416	416	485.74 feet to a 5/8-inch iron rod with yellow plastic cap stamped
417	417	"STV" set for corner;
418	418	7. South 15 degrees 01 minutes 17 seconds East, a distance of
419	419	216.44 feet to a 5/8-inch iron rod with yellow plastic cap stamped
420	420	"STV" set for corner;
421	421	8. South 11 degrees 55 minutes 51 seconds West, a distance of
422	422	244.03 feet to a 5/8-inch iron rod with yellow plastic cap stamped
423	423	"STV" set for corner in the south line of said Johnson Family Trust
424	424	(Tract Ten "Parcel I") and the north line of a called 12.043 acre
425	425	tract of land described in a Warranty Deed to the United States of
426	426	America, as recorded in Volume 247, Page 77, D.R.F.C.T;
427	427	THENCE South 89 degrees 37 minutes 00 seconds West, along the
428	428	common south line of said Johnson Family Trust (Tract Ten "Parcel
429	429	I") and the north line of said 12.043 acre U.S.A. tract, a distance
430	430	of 958.57 feet to a pipe monument found for an Ell corner of said
431	431	Johnson Family Trust (Tract Ten "Parcel I") and the northwest
432	432	corner of said 12.043 acre U.S.A. tract, same being in the east line
433	433	of said Johnson Family Trust (Tract Fourteen);
434	434	THENCE South 00 degrees 20 minutes 47 seconds West, along the
435	435	common east line of said Johnson Family Trust (Tract Fourteen) and
436	436	the west line of said 12.043 acre U.S.A. tract, a distance of 522.81
437	437	feet to a pipe monument found for the southwest corner of said
438	438	12.043 acre U.S.A. tract and the most westerly northwest corner of
439	439	said Johnson Family Trust (Tract Ten "Parcel A");
440	440	THENCE North 89 degrees 57 minutes 52 seconds East, along the
441	441	south line of said 12.043 acre U.S.A. tract and the north line of
442	442	said Johnson Family Trust (Tract Ten "Parcel A"), a distance of
443	443	929.80 feet to a 5/8-inch iron rod with yellow plastic cap stamped
444	444	"STV" set for corner;
445	445	THENCE departing the south line of said 12.043 acre U.S.A.
446	446	tract, over and across said Johnson Family Trust (Tract Ten "Parcel
447	447	A"), the following seven (7) courses and distances:
448	448	1. South 08 degrees 18 minutes 56 seconds West, a distance of
449	449	514.40 feet to a 5/8-inch iron rod with yellow plastic cap stamped
450	450	"STV" set for corner at the beginning of a non-tangent curve to the
451	451	right;
452	452	2. Along said non-tangent curve to the right, having a central
453	453	angle of 32 degrees 20 minutes 26 seconds, a radius of 258.84 feet,
454	454	an arc length of 146.10 feet, and a chord bearing and distance of
455	455	South 29 degrees 16 minutes 50 seconds West, 144.17 feet to a
456	456	5/8-inch iron rod with yellow plastic cap stamped "STV" set for
457	457	corner;
458	458	3. South 44 degrees 21 minutes 55 seconds West, a distance of
459	459	290.56 feet to a 5/8-inch iron rod with yellow plastic cap stamped
460	460	"STV" set for corner;
461	461	4. South 19 degrees 32 minutes 27 seconds East, a distance of
462	462	289.64 feet to a 5/8-inch iron rod with yellow plastic cap stamped
463	463	"STV" set for corner;
464	464	5. South 02 degrees 32 minutes 06 seconds East, a distance of
465	465	203.28 feet to a 5/8-inch iron rod with yellow plastic cap stamped
466	466	"STV" set for corner;
467	467	6. South 17 degrees 19 minutes 31 seconds East, a distance of
468	468	454.28 feet to a 5/8-inch iron rod with yellow plastic cap stamped
469	469	"STV" set for corner;
470	470	7. South 43 degrees 45 minutes 41 seconds East, a distance of
471	471	352.24 feet to a 5/8-inch iron rod with yellow plastic cap stamped
472	472	"STV" set for corner;
473	473	THENCE South 00 degrees 17 minutes 50 seconds East,
474	474	continuing over and across said Johnson Family Trust (Tract Ten
475	475	"Parcel A"), passing at a distance of 10.10 feet the south line of
476	476	said Johnson Family Trust (Tract Ten "Parcel A") and the north line
477	477	of said Johnson Family Trust (Tract 10 "Parcel B"), passing at a
478	478	distance of 881.86 feet the south line of said Johnson Family Trust
479	479	(Tract 10 "Parcel B") and the north line of said Johnson Family
480	480	Trust (Tract 10 "Parcel F"), continuing for a total distance of
481	481	892.05 feet to a 5/8-inch iron rod with yellow plastic cap stamped
482	482	"STV" set for corner;
483	483	THENCE continuing over and across said Johnson Family Trust
484	484	(Tract 10 "Parcel F"), the following four (4) courses and
485	485	distances:
486	486	1. South 14 degrees 36 minutes 25 seconds West, a distance of
487	487	379.78 feet to a 5/8-inch iron rod with yellow plastic cap stamped
488	488	"STV" set for corner;
489	489	2. South 23 degrees 58 minutes 53 seconds East, a distance of 64.03
490	490	feet to a 5/8-inch iron rod with yellow plastic cap stamped "STV"
491	491	set for corner;
492	492	3. South 29 degrees 52 minutes 51 seconds West, a distance of
493	493	313.84 feet to a 5/8-inch iron rod with yellow plastic cap stamped
494	494	"STV" set for corner;
495	495	4. South 57 degrees 51 minutes 34 seconds West, a distance of
496	496	313.21 feet to a 5/8-inch iron rod with yellow plastic cap stamped
497	497	"STV" set for corner in the south line of said Johnson Family Trust
498	498	(Tract 10 "Parcel F"), same being in the north line of a called
499	499	197.621 acre tract of land described in a General Warranty Deed to
500	500	Upper Trinity Regional Water District (herein referred to as
501	501	U.T.R.W.D.), as recorded in Volume 2140, Page 177, D.R.F.C.T.;
502	502	THENCE South 89 degrees 45 minutes 36 seconds West, along the
503	503	common south line of said Johnson Family Trust (Tract 10 "Parcel F")
504	504	and the north line of said 197.621 acre U.T.R.W.D. tract, a distance
505	505	of 1,040.82 feet to a 5/8-inch iron rod with yellow plastic cap
506	506	stamped "STV" set for the southwest corner of said Johnson Family
507	507	Trust (Tract 10 "Parcel F"), same being the southeast corner of a
508	508	called 18.669 acre tract of land described in a Warranty Deed to
509	509	Chris Johnson, as recorded in Volume 1434, Page 527, D.R.F.C.T.;
510	510	THENCE North 00 degrees 32 minutes 01 seconds East, along the
511	511	common west line of said Johnson Family Trust (Tract 10 "Parcel F")
512	512	and the east line of said 18.669 acre tract, passing at a distance
513	513	of 870.12 feet the northwest corner of said Johnson Family Trust
514	514	(Tract 10 "Parcel F") and the southwest corner of said Johnson
515	515	Family Trust (Tract 10 "Parcel B"), passing at a distance of
516	516	1,747.90 feet the northwest corner of said Johnson Family Trust
517	517	(Tract 10 "Parcel B") and an interior Ell corner of said Johnson
518	518	Family Trust (Tract Fourteen), continuing for a total distance of
519	519	1,897.56 feet to a 5/8-inch iron rod with yellow plastic cap stamped
520	520	"STV" set for the northeast corner of said 18.669 acre tract, same
521	521	being an interior Ell corner of said Johnson Family Trust (Tract
522	522	Fourteen);
523	523	THENCE South 89 degrees 18 minutes 36 seconds West, along the
524	524	common south line of said Johnson Family Trust (Tract Fourteen) and
525	525	Johnson Family Trust (Tract Twelve "Parcel B") and the north line of
526	526	said 18.669 acre tract and a called 18.628 acre tract of land
527	527	described in a Warranty Deed to the United States of America, as
528	528	recorded in Volume 244, Page 408, D.R.F.C.T., a distance of 867.49
529	529	feet to a pipe monument found for the northwest corner of said
530	530	18.628 acre U.S.A. tract and the northeast corner of a called 9.429
531	531	acre tract of land described in a Warranty Deed to the United States
532	532	of America, as recorded in Volume 244, Page 402, D.R.F.C.T.;
533	533	THENCE North 89 degrees 34 minutes 11 seconds West, along the
534	534	common south line of said Johnson Family Trust (Tract Twelve
535	535	"Parcel B") and the north line of said 9.429 acre U.S.A. tract, a
536	536	distance of 206.43 feet to a pipe monument found for the northwest
537	537	corner of said 9.429 acre U.S.A. tract and the northeast corner of a
538	538	called 9.369 acre tract of land described in a Warranty Deed to the
539	539	United States of America, as recorded in Volume 245, Page 94,
540	540	D.R.F.C.T.;
541	541	THENCE North 87 degrees 56 minutes 14 seconds West, along the
542	542	common south line of said Johnson Family Trust (Tract Twelve
543	543	"Parcel B") and the north line of said 9.369 acre U.S.A. tract, a
544	544	distance of 214.48 feet to a pipe monument found for the northwest
545	545	corner of said 9.369 acre U.S.A. tract, same being in the east line
546	546	of a called 26.137 acre tract of land described in a General
547	547	Warranty Deed to Upper Trinity Regional Water District, as recorded
548	548	in Instrument Number 2021006457 of the Official Public Records of
549	549	Fannin County, Texas (O.P.R.F.C.T.);
550	550	THENCE along the common south line of said Johnson Family
551	551	Trust (Tract Twelve "Parcel B") and (Tract Twelve "Parcel C"), and
552	552	the north and east line of said 26.137 acre U.T.R.W.D. tract, the
553	553	following five (5) courses and distances:
554	554	1. North 00 degrees 11 minutes 07 seconds East, a distance of 19.00
555	555	feet to a 5/8-inch iron rod with yellow plastic cap stamped "CP&Y"
556	556	found for corner;
557	557	2. North 70 degrees 35 minutes 55 seconds West, a distance of
558	558	115.00 feet to a 5/8-inch iron rod with yellow plastic cap stamped
559	559	"CP&Y" found for corner;
560	560	3. North 60 degrees 35 minutes 55 seconds West, passing at a
561	561	distance of 69.64 feet the southwest corner of said Johnson Family
562	562	Trust (Tract Twelve "Parcel B") and the southeast corner of said
563	563	Johnson Family Trust (Tract Twelve "Parcel C"), continuing for a
564	564	total distance of a distance of 100.00 feet to a 5/8-inch iron rod
565	565	with yellow plastic cap stamped "CP&Y" found for corner;
566	566	4. South 88 degrees 24 minutes 05 seconds West, a distance of
567	567	440.42 feet to a 5/8-inch iron rod with yellow plastic cap stamped
568	568	"CP&Y" found for the northwest corner of said 26.137 acre
569	569	U.T.R.W.D. tract, being in the east line of a called 27.660 acre
570	570	tract of land described in a Warranty Deed to the United States of
571	571	America, as recorded in Volume 246, Page 183, D.R.F.C.T., from
572	572	which a 4-inch by 4-inch concrete monument with a Brass Disk stamped
573	573	"U.S. (herein referred to as concrete monument) found bears South
574	574	12 degrees 25 minutes 17 seconds East, 14.05 feet;
575	575	THENCE North 09 degrees 43 minutes 03 seconds West, along the
576	576	common south line of said Johnson Family Trust (Tract Twelve
577	577	"Parcel C") and the north line of said 27.660 acre U.S.A. tract, a
578	578	distance of 20.63 feet to a pipe monument found for corner;
579	579	THENCE North 89 degrees 43 minutes 56 seconds West,
580	580	continuing along the common south line of said Johnson Family Trust
581	581	(Tract Twelve "Parcel C") and the north line of said 27.660 acre
582	582	U.S.A. tract, passing at a distance of 487.89 feet the southwest
583	583	corner of said Johnson Family Trust (Tract Twelve "Parcel C") and
584	584	the southeast corner of said Johnson Family Trust (Tract Twelve
585	585	"Parcel D"), continuing for a total distance of 1,084.46 feet to a
586	586	5/8-inch iron rod with yellow plastic cap stamped "CP&Y" found for
587	587	the northwest corner of said 27.660 acre U.T.R.W.D. tract and the
588	588	northeast corner of a called 48.201 acre tract of land described in
589	589	a General Warranty Deed to Upper Trinity Regional Water District,
590	590	as recorded in Volume 2109, Page 234, D.R.F.C.T., a 4-inch by 4-inch
591	591	concrete monument with a Brass Disk stamped "U.S. (herein referred
592	592	to as concrete monument) found bears South 10 degrees 37 minutes 16
593	593	seconds East, 26.95 feet;
594	594	THENCE WEST, along the common south line of said Johnson
595	595	Family Trust (Tract Twelve "Parcel D") and the north line of said
596	596	48.201 acre U.T.R.W.D. tract, a distance of 812.24 feet to a
597	597	5/8-inch iron rod with yellow plastic cap stamped "CP&Y" found for
598	598	corner;
599	599	THENCE departing said common line, over and across said
600	600	Johnson Family Trust (Tract Twelve "Parcel D"), the following three
601	601	(3) courses and distances:
602	602	1. North 21 degrees 37 minutes 15 seconds East, a distance of
603	603	321.50 feet to a 5/8-inch iron rod with yellow plastic cap stamped
604	604	"CP&Y" found for corner;
605	605	2. North 03 degrees 34 minutes 16 seconds West, a distance of
606	606	417.81 feet to a 5/8-inch iron rod with yellow plastic cap stamped
607	607	"CP&Y" found for corner;
608	608	3. North 35 degrees 50 minutes 37 seconds East, a distance of
609	609	964.58 feet to a 5/8-inch iron rod with yellow plastic cap stamped
610	610	"CP&Y" found for corner in the north line of said Johnson Family
611	611	Trust (Tract Twelve "Parcel D") and the south line of a called
612	612	194.7128 acre tract of land described in a Warranty Deed to the
613	613	United States of America, as recorded in Volume 248, Page 516,
614	614	D.R.F.C.T.;
615	615	THENCE South 87 degrees 28 minutes 55 seconds East, along the
616	616	common north line of said Johnson Family Trust (Tract Twelve
617	617	"Parcel D") and the south line of said 194.7128 acre U.S.A. tract, a
618	618	distance of 760.75 feet to a pipe monument found for the northeast
619	619	corner of said Johnson Family Trust (Tract Twelve "Parcel D") and
620	620	the most southerly southeast corner of said 194.7128 acre U.S.A.
621	621	tract, same being in the west line of said Johnson Family Trust
622	622	(Tract Twelve "Parcel C");
623	623	THENCE North 02 degrees 01 minutes 14 seconds East, along the
624	624	west line of said Johnson Family Trust (Tract Twelve "Parcel C") and
625	625	the east line of said 194.7128 acre U.S.A. tract, passing at a
626	626	distance of 824.76 feet the northwest corner of said Johnson Family
627	627	Trust (Tract Twelve "Parcel C") and the southwest corner of said
628	628	Johnson Family Trust (Tract Twelve "Parcel E"), continuing for a
629	629	total distance of 926.21 feet to a 5/8-inch iron rod with yellow
630	630	plastic cap stamped "STV" set for the northwest corner of said
631	631	Johnson Family Trust (Tract Twelve "Parcel E") and an interior Ell
632	632	corner of said 194.7128 acre
633	633	U.S.A. tract;
634	634	THENCE North 89 degrees 37 minutes 25 seconds East, along the
635	635	common north line of said Johnson Family Trust (Tract Twelve
636	636	"Parcel E") and the south line of said 194.7128 acre U.S.A. tract,
637	637	passing at a distance of 927.81 feet the northeast corner of said
638	638	Johnson Family Trust (Tract Twelve "Parcel E") and the northwest
639	639	corner of said Johnson Family Trust (Tract Twelve "Parcel B"),
640	640	continuing for a total distance of 993.32 feet to a pipe monument
641	641	found for an angle point in said common line;
642	642	THENCE South 83 degrees 50 minutes 19 seconds East, along the
643	643	common north line of said Johnson Family Trust (Tract Twelve
644	644	"Parcel B") and the south line of said 35.178 acre U.S.A. tract, a
645	645	distance of 850.64 feet to a pipe monument found for the northeast
646	646	corner of said Johnson Family Trust (Tract Twelve "Parcel B") and
647	647	the northwest corner of said Johnson Family Trust (Tract Fourteen);
648	648	THENCE South 89 degrees 28 minutes 35 seconds East, along the
649	649	north line of said Johnson Family Trust (Tract Fourteen) and the
650	650	south line of said 35.178 acre U.S.A. tract, a distance of 572.21
651	651	feet to a pipe monument found for the southeast corner of said
652	652	35.178 acre U.S.A. tract and the southwest corner of said Johnson
653	653	Family Trust (Tract Ten "Parcel I");
654	654	THENCE North 01 degrees 52 minutes 23 seconds East, along the
655	655	west line of said Johnson Family Trust (Tract Ten "Parcel I") and
656	656	the east line of said 35.178 acre U.S.A. tract, a distance of
657	657	1,134.20 feet to the POINT OF BEGINNING, containing within the
658	658	metes recited, an area of 337.65 acres or (14,707,855 square feet)
659	659	of land.
660	660	SECTION 3. (a) The legal notice of the intention to
661	661	introduce this Act, setting forth the general substance of this
662	662	Act, has been published as provided by law, and the notice and a
663	663	copy of this Act have been furnished to all persons, agencies,
664	664	officials, or entities to which they are required to be furnished
665	665	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
666	666	Government Code.
667	667	(b) The governor, one of the required recipients, has
668	668	submitted the notice and Act to the Texas Commission on
669	669	Environmental Quality.
670	670	(c) The Texas Commission on Environmental Quality has filed
671	671	its recommendations relating to this Act with the governor,
672	672	lieutenant governor, and speaker of the house of representatives
673	673	within the required time.
674	674	(d) All requirements of the constitution and laws of this
675	675	state and the rules and procedures of the legislature with respect
676	676	to the notice, introduction, and passage of this Act have been
677	677	fulfilled and accomplished.
678	678	SECTION 4. This Act takes effect immediately if it receives
679	679	a vote of two-thirds of all the members elected to each house, as
680	680	provided by Section 39, Article III, Texas Constitution. If this
681	681	Act does not receive the vote necessary for immediate effect, this
682	682	Act takes effect September 1, 2025.