Bill Text: TX HB2363 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the creation of the Bearpen Creek Municipal Utility District of Hunt County; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2011-06-17 - Effective immediately [HB2363 Detail]
Download: Texas-2011-HB2363-Enrolled.html
| H.B. No. 2363 | ||
| relating to the creation of the Bearpen Creek Municipal Utility | ||
| District of Hunt County; providing authority to impose a tax and | ||
| issue bonds; granting a limited power of eminent domain. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle F, Title 6, Special District Local Laws | ||
| Code, is amended by adding Chapter 8363 to read as follows: | ||
| CHAPTER 8363. BEARPEN CREEK MUNICIPAL UTILITY DISTRICT | ||
| OF HUNT COUNTY | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8363.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "City" means a municipality in whose corporate | ||
| limits or extraterritorial jurisdiction the district is located. | ||
| (3) "Commission" means the Texas Commission on | ||
| Environmental Quality. | ||
| (4) "Director" means a board member. | ||
| (5) "District" means the Bearpen Creek Municipal | ||
| Utility District of Hunt County. | ||
| Sec. 8363.002. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 8363.003. CONFIRMATION AND DIRECTORS' ELECTION | ||
| REQUIRED. The temporary directors shall hold an election to | ||
| confirm the creation of the district and to elect five permanent | ||
| directors as provided by Section 49.102, Water Code. | ||
| Sec. 8363.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section 8363.003 | ||
| until each municipality in whose corporate limits or | ||
| extraterritorial jurisdiction the district is located has | ||
| consented by ordinance or resolution to the creation of the | ||
| district and to the inclusion of land in the district. | ||
| Sec. 8363.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) | ||
| The district is created to serve a public purpose and benefit. | ||
| (b) The district is created to accomplish the purposes of: | ||
| (1) a municipal utility district as provided by | ||
| general law and Section 59, Article XVI, Texas Constitution; and | ||
| (2) Section 52, Article III, Texas Constitution, that | ||
| relate to the construction, acquisition, improvement, operation, | ||
| or maintenance of macadamized, graveled, or paved roads, or | ||
| improvements, including storm drainage, in aid of those roads. | ||
| Sec. 8363.006. INITIAL DISTRICT TERRITORY. (a) The | ||
| district is initially composed of the territory described by | ||
| Section 2 of the Act enacting this chapter. | ||
| (b) The boundaries and field notes contained in Section 2 of | ||
| the Act enacting this chapter form a closure. A mistake made in the | ||
| field notes or in copying the field notes in the legislative process | ||
| does not affect the district's: | ||
| (1) organization, existence, or validity; | ||
| (2) right to issue any type of bond for the purposes | ||
| for which the district is created or to pay the principal of and | ||
| interest on a bond; | ||
| (3) right to impose a tax; or | ||
| (4) legality or operation. | ||
| [Sections 8363.007-8363.050 reserved for expansion] | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8363.051. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of five elected directors. | ||
| (b) Except as provided by Section 8363.052, directors serve | ||
| staggered four-year terms. | ||
| Sec. 8363.052. TEMPORARY DIRECTORS. (a) The temporary | ||
| board consists of: | ||
| (1) Jessica Shae Ewy; | ||
| (2) Jason Michael Farmer; | ||
| (3) Charles Richard Johns; | ||
| (4) Warren Jacob Loftis; and | ||
| (5) Martin Jacob Newman. | ||
| (b) Temporary directors serve until the earlier of: | ||
| (1) the date permanent directors are elected under | ||
| Section 8363.003; or | ||
| (2) the fourth anniversary of the effective date of | ||
| the Act enacting this chapter. | ||
| (c) If permanent directors have not been elected under | ||
| Section 8363.003 and the terms of the temporary directors have | ||
| expired, successor temporary directors shall be appointed or | ||
| reappointed as provided by Subsection (d) to serve terms that | ||
| expire on the earlier of: | ||
| (1) the date permanent directors are elected under | ||
| Section 8363.003; or | ||
| (2) the fourth anniversary of the date of the | ||
| appointment or reappointment. | ||
| (d) If Subsection (c) applies, the owner or owners of a | ||
| majority of the assessed value of the real property in the district | ||
| may submit a petition to the commission requesting that the | ||
| commission appoint as successor temporary directors the five | ||
| persons named in the petition. The commission shall appoint as | ||
| successor temporary directors the five persons named in the | ||
| petition. | ||
| [Sections 8363.053-8363.100 reserved for expansion] | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8363.101. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 8363.102. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
| DUTIES. The district has the powers and duties provided by the | ||
| general law of this state, including Chapters 49 and 54, Water Code, | ||
| applicable to municipal utility districts created under Section 59, | ||
| Article XVI, Texas Constitution. | ||
| Sec. 8363.103. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
| 52, Article III, Texas Constitution, the district may design, | ||
| acquire, construct, finance, issue bonds for, improve, operate, | ||
| maintain, and convey to this state, a county, or a municipality for | ||
| operation and maintenance macadamized, graveled, or paved roads, or | ||
| improvements, including storm drainage, in aid of those roads. | ||
| Sec. 8363.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road | ||
| project must meet all applicable construction standards, zoning and | ||
| subdivision requirements, and regulations of each municipality in | ||
| whose corporate limits or extraterritorial jurisdiction the road | ||
| project is located. | ||
| (b) If a road project is not located in the corporate limits | ||
| or extraterritorial jurisdiction of a municipality, the road | ||
| project must meet all applicable construction standards, | ||
| subdivision requirements, and regulations of each county in which | ||
| the road project is located. | ||
| (c) If the state will maintain and operate the road, the | ||
| Texas Transportation Commission must approve the plans and | ||
| specifications of the road project. | ||
| Sec. 8363.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE | ||
| OR RESOLUTION. The district shall comply with all applicable | ||
| requirements of any ordinance or resolution that is adopted under | ||
| Section 54.016 or 54.0165, Water Code, and that consents to the | ||
| creation of the district or to the inclusion of land in the | ||
| district. | ||
| Sec. 8363.106. ACQUISITION OF PERMIT RIGHTS. (a) Using any | ||
| available district money, including bond proceeds, the district may | ||
| pay all expenses related to the acquisition of a certificate of | ||
| public convenience and necessity from another retail public utility | ||
| and any other permit rights necessary to provide the city authority | ||
| to provide retail water or sewer service in the district. The | ||
| acquisition, by purchase or otherwise, may be made by the district | ||
| on behalf of and for transfer to the city or by the city directly. | ||
| (b) In relation to a retail public utility that provides | ||
| water or sewer service to all or part of the area of the district | ||
| under a certificate of public convenience and necessity, the | ||
| district may exercise the powers given to a municipality provided | ||
| by Section 13.255, Water Code, as if the district were a | ||
| municipality that had annexed the area of the district. The | ||
| commission shall grant single certification as to the city as | ||
| provided by Section 13.255(c), Water Code, in the event that the | ||
| district applies for the certification on the city's behalf in the | ||
| manner provided by Section 13.255(b), Water Code. | ||
| (c) The city may contract with the district to carry out the | ||
| purposes of this section without further authorization. | ||
| Sec. 8363.107. LIMITATION ON USE OF EMINENT DOMAIN. The | ||
| district may not exercise the power of eminent domain outside the | ||
| district to acquire a site or easement for: | ||
| (1) a road project authorized by Section 8363.103; or | ||
| (2) a recreational facility as defined by Section | ||
| 49.462, Water Code. | ||
| [Sections 8363.108-8363.150 reserved for expansion] | ||
| SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 8363.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The | ||
| district may issue, without an election, bonds and other | ||
| obligations secured by: | ||
| (1) revenue other than ad valorem taxes; or | ||
| (2) contract payments described by Section 8363.153. | ||
| (b) The district must hold an election in the manner | ||
| provided by Chapters 49 and 54, Water Code, to obtain voter approval | ||
| before the district may impose an ad valorem tax or issue bonds | ||
| payable from ad valorem taxes. | ||
| (c) The district may not issue bonds payable from ad valorem | ||
| taxes to finance a road project unless the issuance is approved by a | ||
| vote of a two-thirds majority of the district voters voting at an | ||
| election held for that purpose. | ||
| Sec. 8363.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 8363.151, the district | ||
| may impose an operation and maintenance tax on taxable property in | ||
| the district in accordance with Section 49.107, Water Code. | ||
| (b) The board shall determine the tax rate. The rate may not | ||
| exceed the rate approved at the election. | ||
| Sec. 8363.153. CONTRACT TAXES. (a) In accordance with | ||
| Section 49.108, Water Code, the district may impose a tax other than | ||
| an operation and maintenance tax and use the revenue derived from | ||
| the tax to make payments under a contract after the provisions of | ||
| the contract have been approved by a majority of the district voters | ||
| voting at an election held for that purpose. | ||
| (b) A contract approved by the district voters may contain a | ||
| provision stating that the contract may be modified or amended by | ||
| the board without further voter approval. | ||
| [Sections 8363.154-8363.200 reserved for expansion] | ||
| SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
| Sec. 8363.201. AUTHORITY TO ISSUE BONDS AND OTHER | ||
| OBLIGATIONS. (a) Except as provided by Subsection (b), the | ||
| district may issue bonds or other obligations payable wholly or | ||
| partly from ad valorem taxes, impact fees, revenue, contract | ||
| payments, grants, or other district money, or any combination of | ||
| those sources, to pay for any authorized district purpose. | ||
| (b) The district may not issue bonds until the governing | ||
| body of the city approves a bond issuance plan authorizing and | ||
| setting forth the limitations on the issuance of the bonds. | ||
| Sec. 8363.202. TAXES FOR BONDS. At the time the district | ||
| issues bonds payable wholly or partly from ad valorem taxes, the | ||
| board shall provide for the annual imposition of a continuing | ||
| direct ad valorem tax, without limit as to rate or amount, while all | ||
| or part of the bonds are outstanding as required and in the manner | ||
| provided by Sections 54.601 and 54.602, Water Code. | ||
| Sec. 8363.203. BONDS FOR ROAD PROJECTS. At the time of | ||
| issuance, the total principal amount of bonds or other obligations | ||
| issued or incurred to finance road projects and payable from ad | ||
| valorem taxes may not exceed one-fourth of the assessed value of the | ||
| real property in the district. | ||
| [Sections 8363.204-8363.250 reserved for expansion] | ||
| SUBCHAPTER F. DISSOLUTION OF DISTRICT | ||
| Sec. 8363.251. DISSOLUTION BY CITY ORDINANCE. (a) The city | ||
| may dissolve the district by ordinance after provision is made for | ||
| all debts incurred by the district if one or more of the following | ||
| does not occur: | ||
| (1) on or before the 90th day after the effective date | ||
| of the Act enacting this chapter, the city receives one or more | ||
| petitions requesting annexation of all territory in the district | ||
| remaining in the extraterritorial jurisdiction of the city; | ||
| (2) on or before the last day of the ninth month after | ||
| the effective date of the Act enacting this chapter, the city adopts | ||
| one or more ordinances annexing all territory in the district | ||
| remaining in the city's extraterritorial jurisdiction; | ||
| (3) on or before the last day of the third year after | ||
| the effective date of the Act enacting this chapter, the commission | ||
| issues an order approving the sale and transfer of a certificate of | ||
| public convenience and necessity authorizing the city to provide | ||
| retail water service to territory in the district; or | ||
| (4) by the end of the fifth year after the effective | ||
| date of the Act enacting this chapter, the district has completed | ||
| construction of internal streets and water and sanitary sewer | ||
| facilities sufficient to serve at least 100 residential lots in the | ||
| district. | ||
| (b) If the city dissolves the district under Subsection (a): | ||
| (1) any district assets that remain after the payment | ||
| of debts shall be transferred to the city; and | ||
| (2) the organization of the district shall be | ||
| maintained until all the debts are paid or assumed and remaining | ||
| assets are transferred. | ||
| (c) This section does not limit the authority of the city to | ||
| dissolve the district under Chapter 43, Local Government Code, or | ||
| other general law. | ||
| SECTION 2. The Bearpen Creek Municipal Utility District of | ||
| Hunt County initially includes all the territory contained in the | ||
| following area: | ||
| A metes and bounds description of a 960.90 acre tract of land | ||
| situated in the James May Survey, Abstract No. 1297, the James Roads | ||
| Survey, Abstract No. 872, the G.W. McCafferty Survey, Abstract No. | ||
| 1298, the Shelby County School Land Survey, Abstract No. 946, and | ||
| the John Stone Survey, Abstract No. 198, Hunt County, Texas, and | ||
| being that land described by deeds to Bearpen Creek, L.P, as | ||
| recorded in Volume 1184, Page 63, Volume 1184, Page 68, Volume 1184, | ||
| Page 54, Volume 1184, Page 73, Volume 1184, Page 59, Volume 1184, | ||
| Page 59, Volume 1184, Page 36, Volume 1184, Page 50, Volume 1184, | ||
| Page 41, Volume 1184, Page 45, and Volume 1184, Page 32, Deed | ||
| Records, Hunt County, Texas. | ||
| BEGINNING at a point for the south right-of-way line of U.S. | ||
| Interstate 30, being the northwest corner of said deed recorded in | ||
| Volume 1184, Page, 63 and being the northeast corner of a tract of | ||
| land described by deed to Sharon McCall, as recorded in Volume 897, | ||
| Page 372, Deed Records, Hunt County, Texas; | ||
| THENCE North 88°51'12" East along the said south right-of-way | ||
| line, a distance of 1284.70 feet to a point for corner being the | ||
| northwest corner of a tract of land described by deed to Crawford, | ||
| as recorded in Volume 178, Page 743, Deed Records, Hunt County, | ||
| Texas; | ||
| THENCE South 01°06'57" East leaving said right-of-way and | ||
| along the west line of said Crawford tract, a distance of 943.75 | ||
| feet to a point for corner, being an el corner of this tract and the | ||
| southwest corner of said Crawford tract and being near the center of | ||
| County Road 2515; | ||
| THENCE North 88°53'22" East along the south line of said | ||
| Crawford tract being in said County Road, a distance of 723.00 feet | ||
| to a point for corner, being the southeast corner of said Crawford | ||
| tract and being the southwest corner of a tract of land described by | ||
| deed to Action Inc., as recorded in Volume 453, Page 845, Deed | ||
| Records, Hunt County, Texas; | ||
| THENCE North 76°06'29" East along the south line of said | ||
| Action Inc., a distance of 135.68 feet to a point for corner, being | ||
| the northwest corner of a remainder of a tract of land described by | ||
| deed to Leonard H. Daniel, as recorded in Volume 99, Page 548, Deed | ||
| Records, Hunt County, Texas; | ||
| THENCE South 00°06'22" East leaving said County Road and the | ||
| south line of said Action Inc, and along the west line of said | ||
| Daniel remainder tract, a distance of 748.00 feet to a point for | ||
| corner; | ||
| THENCE North 89°08'43" East along the south line of said | ||
| Daniel remainder tract, a distance of 395.42 feet to a point for | ||
| corner being in the west line of a tract of land described by deed to | ||
| Leonard H. Daniel, as recorded in Volume 859, Page 497, Deed | ||
| Records, Hunt County, Texas; | ||
| THENCE South 00°18'34" East along the west line of said Daniel | ||
| tract, a distance of 740.51 feet to a point for corner, being an el | ||
| corner of this tract and the southwest corner of said Daniel tract | ||
| and the northwest corner of a tract of land described by said deed | ||
| in Volume 1184, Page 54; | ||
| THENCE North 89°40'05" East along the south line of said | ||
| Daniel tract, a distance of 1230.31 feet to a point for corner, | ||
| being the southeast corner of said Daniel tract and southwest | ||
| corner of a tract of land described by deed to Sam Holmes in Volume | ||
| 267, Page 631, Deed Records, Hunt County, Texas; | ||
| THENCE North 89°02'16" East along the south line of said | ||
| Holmes tract, a distance of 1610.64 feet to a point for corner, | ||
| being the southwest corner of a tract of land known as Magnolia | ||
| Place as recorded by Plat in Cabinet E, Slide 169, Plat Records, | ||
| Hunt County, Texas; | ||
| THENCE North 89°01'45" East along the south line of said | ||
| Magnolia Place, a distance of 402.32 feet to a point for corner, | ||
| being the northeast corner of said tract of land recorded in Volume | ||
| 1184, Page 73 and being an el corner of said Magnolia Place; | ||
| THENCE South 01°21'12" East along the east line of said tract | ||
| of land recorded in Volume 1184, Page 73 and the west line of said | ||
| Magnolia Place, a distance of 1247.77 feet to a point for corner, | ||
| being in County Road 2596; | ||
| THENCE North 89°34'22" East with the said County Road, along | ||
| the south line of said Magnolia Place, along the south line of a | ||
| tract of land known as South Gentry as recorded by plat in Cabinet | ||
| E, Slide 169, Plat Records, Hunt County, Texas, and along the south | ||
| line of a tract of land described by deed to Bobby Crowell in Volume | ||
| 858, Page 332, Deed Records, Hunt County, Texas, a distance of | ||
| 2343.14 feet to a point for corner, being the northwest corner of | ||
| Hoffman Estates as recorded in Volume B, Page 52, Deed Records, Hunt | ||
| County, Texas; | ||
| THENCE South 00°05'44" West along the west line of Hoffman | ||
| Estates, a distance of 1135.75 feet to a point for corner; | ||
| THENCE South 16°57'40" East continuing along said west line a | ||
| distance of 83.02 feet to a point for corner; | ||
| THENCE South 00°47'53" East continuing along said west line a | ||
| distance of 613.79 feet to a point for corner; | ||
| THENCE North 89°59'40" West continuing along said west line a | ||
| distance of 36.33 feet to a point for corner; | ||
| THENCE South 00°23'15" East continuing along said west line a | ||
| distance of 1083.06 feet to a point for corner, being in County Road | ||
| 2595 and being the southeast corner of said tract recorded in Volume | ||
| 1184, Page 73; | ||
| THENCE South 89°53'25" West along the south line of said tract | ||
| recorded in Volume 1184, Page 73 and the north line of a tract | ||
| described by deed to Brandy Kent Maynard in Volume 956, Page 460, | ||
| Deed Records, Hunt County, Texas, a distance of 1480.58 feet to a | ||
| point for corner, being the northwest corner of said Maynard tract | ||
| and the northeast corner of said tract of land recorded by deed in | ||
| Volume 1184, Page 59; | ||
| THENCE South 00°38'57" East along the west line of said | ||
| Maynard tract and a tract of land described by deed to John | ||
| Carpenter in Volume 956, Page 452, Deed Records, Hunt County, | ||
| Texas, a distance of 962.74 feet to a point for corner; | ||
| THENCE South 00°38'44" East continuing along said properties, | ||
| a distance of 1768.37 feet to a point for corner, being the | ||
| southeast corner of said tract of land recorded by deed in Volume | ||
| 1184, Page 59 and being in County Road 2526; | ||
| THENCE South 89°46'54" West along the south line of said tract | ||
| of land recorded by deed in Volume 1184, Page 59 and said County | ||
| Road, a distance of 860.80 feet to a point for corner, being the | ||
| southwest of said tract and being the southeast corner of said tract | ||
| of land recorded by deed in Volume 1184, Page 36; | ||
| THENCE in a westerly direction along the south line of said | ||
| tract of land recorded by deed in Volume 1184, Page 36 and with said | ||
| County Road: South 87°54'36" West a distance of 297.64 feet to a | ||
| point for corner; North 84°13'06" West a distance of 213.00 feet to a | ||
| point for corner; South 87°46'54" West a distance of 358.00 feet to a | ||
| point for corner, being the southwest corner of said tract of land | ||
| recorded by deed in Volume 1184, Page 36 and the being in the east | ||
| line of said tract of land recorded in Volume 1184 Page 50; | ||
| THENCE South 00°22'13" East along the east line of said tract | ||
| of land recorded in Volume 1184 Page 50, a distance of 19.89 feet to | ||
| a point for corner, being the southeast corner of said tract; | ||
| THENCE South 89°27'03" West along the south line of said | ||
| tract, a distance of 821.50 feet to a point for corner, being the | ||
| southwest corner of said tract of land recorded in Volume 1184, Page | ||
| 50 and being the southeast corner of said tract of land recorded in | ||
| Volume 1184, Page 41; | ||
| THENCE South 89°27'03" West continuing along said south line, | ||
| a distance of 1336.90 feet to a point for corner, being the | ||
| southwest corner of said tract and the southeast corner of a tract | ||
| of land known as Hill Estate as recorded by plat in Volume A, Page | ||
| 52, Plat Records, Hunt County, Texas and being the southwest corner | ||
| of said tract of land recorded in Volume 1184, Page 41; | ||
| THENCE North 01°28'22" West along the east line of said Hill | ||
| Estate, the west line of said tract of land recorded in Volume 1184, | ||
| Page 41, and leaving said County Road, a distance of 1899.51 feet to | ||
| a point for corner, being the northeast corner of said Hill Estate | ||
| and in the south line of said tract of land recorded in Volume 1184, | ||
| Page 45; | ||
| THENCE South 89°37'28" West along the south line of said tract | ||
| of land recorded in Volume 1184, Page 45 and the north line of said | ||
| Hill Estate, a distance of 2195.58 feet to a point for corner, being | ||
| the southwest corner line of said tract of land recorded in Volume | ||
| 1184, Page 45 and being in the east line of a tract of land described | ||
| by deed to Clark Baldwin as recorded in Volume 772, Page 209, Deed | ||
| Records Hunt County, Texas; | ||
| THENCE North 00°15'40" West long the east line of the Clark | ||
| Baldwin tract, a tract of land described by deed to A. B. Fenton | ||
| recorded in Volume 634, Page 219, Deed Records, Hunt County, Texas, | ||
| and a tract of land described by deed to Mariana G. Daffron as | ||
| recorded in Volume 771, Page 515, Hunt County, Texas, a distance of | ||
| 1902.70 feet to a point for corner, being the northwest corner of | ||
| said tract of land recorded in Volume 1184, Page 45 and being in | ||
| County Road 2595; | ||
| THENCE North 89°57'07" East with said County Road and along | ||
| the south line of the tract of land described by deed to Jimmy Joe | ||
| Herndon as recorded Volume 515, Page 292, Deed Records, Hunt | ||
| County, Texas, a distance of 1988.16 feet to a point for corner, | ||
| being in the north line of said tract of land recorded in Volume | ||
| 1184, Page 36, being the southeast corner of said Herndon tract, and | ||
| being the southwest corner of said tract of land recorded in Volume, | ||
| 1184 Page 54; | ||
| THENCE North 00°17'49" West leaving said County Road and along | ||
| the west line of said tract of land recorded in Volume 1184 Page 54 | ||
| and the east line of the said Herndon tract, a distance of 1807.59 | ||
| feet to a point for corner, being the southeast corner of said tract | ||
| of land recorded in Volume 1184, Page 68 and the northeast corner of | ||
| said Herndon tract; | ||
| THENCE South 89°37'15" West leaving the west line of said | ||
| tract of land recorded in Volume 1184, Page 54 and along the said | ||
| Herndon tract and along the north line of the tracts of land | ||
| described by deed to Jimmy Joe Herndon as recorded in Volume 390, | ||
| Page 584, and Volume 57, Page 513, Deed Records, Hunt County, Texas | ||
| and along the south line of said tract of land recorded in Volume | ||
| 1184, Page 68 and south line of said tract of land recorded in | ||
| Volume 1184, Page 32, a distance of 3880.16 feet to a point for | ||
| corner, being the southwest corner of said tract of land recorded in | ||
| Volume 1184, Page 32 and being in the east right-of-way line of Farm | ||
| to Market Road 35; | ||
| THENCE North 25°20'14" West along east line of said F.M. Road | ||
| and along the west line of said tract of land recorded in Volume | ||
| 1184, Page 32, a distance of 547.80 feet to a point for corner; | ||
| THENCE North 00°37'50" West continuing along said lines, a | ||
| distance of 197.10 feet to a point for corner, being the northwest | ||
| corner of said tract of land recorded in Volume 1184, Page 32, the | ||
| southwest corner of a tract of land described to Carlton C. White, | ||
| Inc. as recorded in Volume 269, Page 489, Deed Records, Hunt County, | ||
| Texas; | ||
| THENCE North 89°13'10" East along the south line of said White | ||
| tract and the north line of said tract of land recorded in Volume | ||
| 1184, Page 32, a distance of 2550.67 feet to a point for corner, | ||
| being the southeast corner of the White tract, the northeast corner | ||
| of said tract of land recorded in Volume 1184, Page 32 and in the | ||
| east line of said tract of land recorded in Volume 1184, Page 68; | ||
| THENCE North 00°16'55" East along the east line of the White | ||
| tract and the west line of said tract of land recorded in Volume | ||
| 1184, Page 68, a distance of 2014.42 feet to a point for corner, | ||
| being in the south line of said tract of land recorded in Volume | ||
| 1184, Page 63; | ||
| THENCE South 88°53'22" West continuing along north line of | ||
| said White tract and the south line of said tract of land recorded | ||
| in Volume 1184 Page 63, a distance of 991.00 feet to a point for | ||
| corner, being the southwest corner of said tract of land recorded in | ||
| Volume 1184, Page 63 and the southeast corner of said McCall tract; | ||
| THENCE North 01°06'57" West along west line of said tract of | ||
| land recorded in Volume 1184, Page 63 and the east line of said | ||
| McCall tract, a distance of 942.94 feet to the POINT OF BEGINNING | ||
| and containing 960.90 acres of land, more or less. | ||
| SECTION 3. (a) The legal notice of the intention to | ||
| introduce this Act, setting forth the general substance of this | ||
| Act, has been published as provided by law, and the notice and a | ||
| copy of this Act have been furnished to all persons, agencies, | ||
| officials, or entities to which they are required to be furnished | ||
| under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
| Government Code. | ||
| (b) The governor, one of the required recipients, has | ||
| submitted the notice and Act to the Texas Commission on | ||
| Environmental Quality. | ||
| (c) The Texas Commission on Environmental Quality has filed | ||
| its recommendations relating to this Act with the governor, the | ||
| lieutenant governor, and the speaker of the house of | ||
| representatives within the required time. | ||
| (d) All requirements of the constitution and laws of this | ||
| state and the rules and procedures of the legislature with respect | ||
| to the notice, introduction, and passage of this Act are fulfilled | ||
| and accomplished. | ||
| SECTION 4. (a) Section 8363.107, Special District Local | ||
| Laws Code, as added by Section 1 of this Act, takes effect only if | ||
| this Act receives a two-thirds vote of all the members elected to | ||
| each house. | ||
| (b) If this Act does not receive a two-thirds vote of all the | ||
| members elected to each house, Subchapter C, Chapter 8363, Special | ||
| District Local Laws Code, as added by Section 1 of this Act, is | ||
| amended by adding Section 8363.107 to read as follows: | ||
| Sec. 8363.107. NO EMINENT DOMAIN POWER. The district may | ||
| not exercise the power of eminent domain. | ||
| (c) This section is not intended to be an expression of a | ||
| legislative interpretation of the requirements of Section 17(c), | ||
| Article I, Texas Constitution. | ||
| SECTION 5. Except as provided by Section 4 of this Act: | ||
| (1) this Act takes effect immediately if it receives a | ||
| vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution; and | ||
| (2) if this Act does not receive the vote necessary for | ||
| immediate effect, this Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2363 was passed by the House on May | ||
| 11, 2011, by the following vote: Yeas 149, Nays 0, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2363 was passed by the Senate on May | ||
| 25, 2011, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
