Bill Text: TX HB5310 | 2023-2024 | 88th Legislature | Enrolled

---

Bill Title: Relating to the creation of the Tarrant County Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2023-06-09 - Effective immediately [HB5310 Detail]

Download: Texas-2023-HB5310-Enrolled.html

---

H.B. No. 5310

AN ACT
relating to the creation of the Tarrant County Municipal Utility
District No. 2; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
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 8092 to read as follows:
CHAPTER 8092. TARRANT COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8092.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Tarrant County Municipal
Utility District No. 2.
Sec. 8092.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8092.0103. CONFIRMATION AND DIRECTOR 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. 8092.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8092.0103 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. 8092.0105. 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. 8092.0106. 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.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8092.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8092.0202, directors
serve staggered four-year terms.
Sec. 8092.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) William Christopher Vertin;
(2) Mattison Margaret Raiford;
(3) Crystal Maddalena;
(4) Parker Morgan; and
(5) Mitchell Henton.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8092.0103; 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 8092.0103 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 8092.0103; 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.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8092.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8092.0302. 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. 8092.0303. 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. 8092.0304. 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. 8092.0305. 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. 8092.0306. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8092.0103 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8092.0103. If the voters of a new district do not confirm
the creation of the new district, the assets, obligations,
territory, and governance of the new district revert to the
original district.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8092.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
(k) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8092.0401. 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 8092.0403.
(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. 8092.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8092.0401, 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. 8092.0403. 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.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8092.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. 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.
Sec. 8092.0502. 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. 8092.0503. 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.
SECTION 2. The Tarrant County Municipal Utility District
No. 2 initially includes all the territory contained in the
following area:
TRACT 1
BEING ALL OF THAT TRACT OF LAND IN TARRANT COUNTY, TEXAS, OUT
OF THE W. DAVIDSON SURVEY, ABSTRACT NO. 393, AND BEING ALL OF THAT
CALLED 119.2 ACRES OF LAND DESCRIBED AS TRACT TWO IN A DEED TO
ROBERT W. TEETER ET AL AS RECORDED IN FILE NO. D208204603 OF THE
OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, AND BEING FURTHER
DESCRIBED AS FOLLOWS:
BEGINNING AT A 2 INCH PIPE FOUND AT THE SOUTHEAST CORNER OF
SAID 119.2 ACRES, AT THE SOUTHWEST CORNER OF THAT CALLED 13.232
ACRES OF LAND DESCRIBED IN A DEED TO TEXAS ELECTRIC SERVICE COMPANY
AS RECORDED IN VOLUME 4688, PAGE 261 OF THE DEED RECORDS OF TARRANT
COUNTY, TEXAS AND IN THE NORTH LINE OF THAT CALLED 1.467 ACRES OF
LAND DESCRIBED IN A DEED TO KENNY WILSON AS RECORDED IN FILE NO.
D218222887 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS,
FROM WHICH A 1/2 INCH STEEL ROD FOUND CAPPED "BEASLEY" BEARS SOUTH
89 DEGREES 59 MINUTES 15 SECONDS EAST, 152.65 FEET FOR WITNESS AND
FROM WHICH A CONCRETE MONUMENT WITH 3 INCH DISK STAMPED "TESCO"
BEARS SOUTH 41 DEGREES 50 MINUTES 59 SECONDS EAST, 223.00 FEET FOR
WITNESS;
THENCE NORTH 89 DEGREES 59 MINUTES 15 SECONDS WEST, 439.80
FEET ALONG A SOUTH LINE OF SAID 119.2 ACRES, THE NORTH LINE OF SAID
1.467 ACRES AND THE NORTH LINE OF THAT CALLED 1.098 ACRES OF LAND
DESCRIBED IN A DEED TO SANDRA K. BABCOCK AS RECORDED IN FILE NO.
D215271871 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
TO A 5/8 INCH STEEL ROD FOUND ON THE NORTHEAST SIDE OF A CURVE OF
BENNETT LAWSON ROAD, AT AN ANGLE POINT OF SAID 119.2 ACRES AND AT
THE NORTHWEST CORNER OF SAID 1.098 ACRES;
THENCE ALONG THE COMMON LINE OF SAID BENNETT LAWSON ROAD AND
SAID 119.2 ACRES AS FOLLOWS:
NORTH 79 DEGREES 45 MINUTES 12 SECONDS WEST, 191.39 FEET TO A
COTTON SPINDLE SET FOR CORNER;
NORTH 88 DEGREES 59 MINUTES 49 SECONDS WEST, 292.83 FEET TO A
1/2 INCH STEEL ROD FOUND CAPPED "METROPLEX";
NORTH 89 DEGREES 18 MINUTES 19 SECONDS WEST, 613.46 FEET TO A
1/2 INCH STEEL ROD FOUND;
SOUTH 88 DEGREES 42 MINUTES 11 SECONDS WEST, 898.44 FEET TO A
1/2 INCH STEEL ROD SET CAPPED "BY-LINE SURVEYING" FOR CORNER;
NORTH 75 DEGREES 13 MINUTES 49 SECONDS WEST, 58.55 FEET TO A
1/2 INCH STEEL ROD SET CAPPED "BY-LINE SURVEYING" FOR CORNER;
NORTH 52 DEGREES 14 MINUTES 38 SECONDS WEST, 819.27 FEET TO A
1/2 INCH STEEL ROD SET CAPPED "BY-LINE SURVEYING" FOR CORNER;
NORTH 38 DEGREES 17 MINUTES 14 SECONDS WEST, 68.49 FEET TO A
1/2 INCH STEEL ROD FOUND CAPPED "METROPLEX";
NORTH 04 DEGREES 09 MINUTES 44 SECONDS WEST, 359.80 FEET TO A
1/2 INCH STEEL ROD FOUND CAPPED "METROPLEX";
NORTH 00 DEGREES 24 MINUTES 15 SECONDS WEST, 1,778.44 FEET TO
A 1/2 INCH STEEL ROD FOUND CAPPED "METROPLEX";
NORTH 17 DEGREES 22 MINUTES 01 SECONDS EAST, 69.16 FEET TO A
1/2 INCH STEEL ROD FOUND CAPPED "METROPLEX";
NORTH 64 DEGREES 40 MINUTES 58 SECONDS EAST, 70.84 FEET TO A
1/2 INCH STEEL ROD FOUND WITH YELLOW CAP;
NORTH 85 DEGREES 38 MINUTES 01 SECONDS EAST, 283.50 FEET TO A
NAIL FOUND NEAR THE INTERSECTION OF THE SOUTH OF BENNETT LAWSON ROAD
AND JESSICA LANE;
THENCE NORTH 89 DEGREES 47 MINUTES 50 SECONDS EAST, 295.42
FEET ALONG THE SOUTH LINE OF SAID JESSICA LANE AND A NORTH LINE OF
SAID 119.2 ACRES TO A POINT AT THE NORTHEAST CORNER OF SAID 119.2
ACRES AND IN THE SOUTHWEST LINE OF SAID 13.232 ACRES, FROM WHICH A
1/2 INCH STEEL ROD FOUND BEARS NORTH 89 DEGREES 47 MINUTES 50
SECONDS EAST, 0.85 FEET FOR WITNESS AND FROM WHICH A CONCRETE
MONUMENT WITH 3 INCH DISK STAMPED "TESCO" BEARS NORTH 41 DEGREES 50
MINUTES 59 SECONDS WEST, 547.49 FEET FOR WITNESS;
THENCE SOUTH 41 DEGREES 50 MINUTES 59 SECONDS EAST, 3,829.89
FEET ALONG THE NORTHEAST LINE OF SAID 119.2 ACRES AND THE SOUTHWEST
LINE OF SAID 13.232 ACRES TO THE POINT OF BEGINNING, CONTAINING
119.28 ACRES OF LAND.
TRACT 2
BEING ALL OF THAT TRACT OF LAND IN TARRANT COUNTY, TEXAS, OUT
OF THE W. DAVIDSON SURVEY, ABSTRACT NO. 393 AND S. LYNN SURVEY,
ABSTRACT NO. 940, AND BEING ALL OF THAT CALLED 253.4 ACRES OF LAND
DESCRIBED AS TRACT ONE IN A DEED TO ROBERT W. TEETER ET AL AS
RECORDED IN FILE NO. D208204603 OF THE OFFICIAL PUBLIC RECORDS OF
TARRANT COUNTY, TEXAS, AND BEING FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A 60D NAIL FOUND IN THE BASE OF A 30 INCH OAK TREE
AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID 253.4 ACRES, AT THE
NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN A DEED TO FLOYD
WYNN AND NANCY WYNN AS RECORDED IN VOLUME 12093, PAGE 262 OF THE
DEED RECORDS OF TARRANT COUNTY, TEXAS, AT THE SOUTHEAST CORNER OF
THAT CALLED 9.986 ACRES OF LAND DESCRIBED AS TRACT 1 IN A DEED TO
GARY DON JOHNSON AND WIFE, NANCY K. JOHNSON AS RECORDED IN VOLUME
11366, PAGE 1358 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS AND AT
THE SOUTHWEST CORNER OF THAT CALLED 21.420 ACRES OF LAND DESCRIBED
AS TRACT IV IN A DEED TO TEXAS JPC LLC AS RECORDED IN FILE NO.
D218071066 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 48 MINUTES 13 SECONDS EAST, 869.90
FEET A NORTH LINE OF SAID 253.4 ACRES, THE SOUTH LINE OF SAID 21.420
ACRES AND THE SOUTH LINE OF THAT CALLED 2.426 ACRES OF LAND
DESCRIBED AS TRACT V IN SAID TEXAS JPC LLC DEED TO A 3/4 INCH STEEL
ROD FOUND AT AN ANGLE POINT OF SAID 253.4 ACRES, AT THE SOUTHEAST
CORNER OF SAID 2.426 ACRES AND AT THE SOUTHWEST CORNER OF LOT 8,
BLOCK 1 OF THE REATA ESTATES AS RECORDED IN CABINET A, SLIDE 11738
OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 50 MINUTES 04 SECONDS EAST, 954.44
FEET ALONG A NORTH LINE OF SAID 253.4 ACRES AND THE SOUTH LINE OF
LOTS 8-12, BLOCK 1 OF THE SAID REATA ESTATES TO A POINT AT THE MOST
NORTHERLY NORTHEAST CORNER OF SAID 253.4 ACRES, AT THE SOUTHEAST
CORNER OF SAID LOT 12 AND IN THE WEST LINE OF LOT 9, BLOCK 1 OF THE
HIDDEN VALLEY ESTATES AS RECORDED IN CABINET A, SLIDE 5333 OF THE
PLAT RECORDS OF TARRANT COUNTY, TEXAS, FROM WHICH A 5/8 INCH STEEL
ROD FOUND CAPPED "ANA" BEARS NORTH 89 DEGREES 50 MINUTES 04 SECONDS
WEST, 0.81 FEET AND A 1/2 INCH STEEL ROD FOUND BEARS SOUTH 89
DEGREES 26 MINUTES 49 SECONDS EAST, 3.76 FEET FOR WITNESS AND FROM
WHICH A 1/2 INCH STEEL ROD FOUND WITH 1-1/2 INCH ALUMINUM CAP
STAMPED "TARRANT COUNTY" BEARS NORTH 00 DEGREES 36 MINUTES 52
SECONDS WEST, 1,515.31 FEET FOR WITNESS;
THENCE SOUTH 00 DEGREES 36 MINUTES 52 SECONDS EAST, 344.09
FEET ALONG A EAST LINE OF SAID 253.4 ACRES AND THE WEST LINE OF LOTS
9 AND 10, BLOCK 1 OF SAID HIDDEN VALLEY ESTATES TO A 1/2 INCH STEEL
ROD FOUND CAPPED "HARP 2002" AT AN ANGLE POINT OF SAID 253.4 ACRES,
AT THE SOUTHWEST CORNER OF SAID LOT 10 OF HIDDEN VALLEY ESTATES AND
AT THE NORTHWEST CORNER OF THAT CALLED 50 ACRES OF LAND DESCRIBED IN
A DEED TO RICHARD V. DAUGHERTY AS RECORDED IN VOLUME 11836, PAGE 411
OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS;
THENCE SOUTH 00 DEGREES 45 MINUTES 58 SECONDS EAST, 1,663.93
FEET ALONG A EAST LINE OF SAID 253.4 ACRES AND THE WEST LINE OF SAID
50 ACRES TO A 1/2 INCH STEEL ROD FOUND AT AN ELL CORNER OF SAID 253.4
ACRES AND AT THE SOUTHWEST CORNER OF SAID 50 ACRES;
THENCE SOUTH 89 DEGREES 51 MINUTES 09 SECONDS EAST, 1,320.38
FEET ALONG A NORTH LINE OF SAID 253.4 ACRES AND THE SOUTH LINE OF
SAID 50 ACRES TO A 5/8 INCH STEEL ROD FOUND AT AN ELL CORNER OF SAID
253.4 ACRES AND AT THE SOUTHEAST CORNER OF SAID 50 ACRES;
THENCE NORTH 00 DEGREES 08 MINUTES 23 SECONDS EAST, 1,643.61
FEET ALONG A WEST LINE OF SAID 253.4 ACRES AND THE EAST LINE OF SAID
50 ACRES TO A 5/8 INCH STEEL ROD FOUND AT THE MOST EASTERLY
NORTHWEST CORNER OF SAID 253.4 ACRES, AT THE NORTHEAST CORNER OF
SAID 50 ACRES, AT THE SOUTHEAST CORNER OF LOT 11, BLOCK 1 OF SAID
HIDDEN VALLEY ESTATES AND AT THE SOUTHWEST CORNER OF THAT CALLED 40
ACRES OF LAND DESCRIBED IN A DEED TO KATHLEEN M. VOELKEL AS RECORDED
IN VOLUME 14510, PAGE 40 OF THE DEED RECORDS OF TARRANT COUNTY,
TEXAS;
THENCE NORTH 88 DEGREES 57 MINUTES 02 SECONDS EAST, 1,313.56
FEET ALONG A NORTH LINE OF SAID 253.4 ACRES, THE SOUTH LINE OF SAID
40 ACRES, THE SOUTH LINE OF THAT CALLED 2.151 ACRES OF LAND
DESCRIBED AS TRACT 1 IN A DEED TO ANTARES GUY AS RECORDED IN FILE NO.
D219049813 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
AND THE SOUTH LINE OF THAT CALLED 1.9332 ACRES OF LAND DESCRIBED AS
TRACT 1 IN A DEED TO KATHLEEN VOELKEL AS RECORDED IN FILE NO.
D217190898 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
TO A POINT IN A 3 INCH STEEL FENCE POST FOUND AT THE MOST EASTERLY
NORTHEAST CORNER OF SAID 253.4 ACRES, AT THE SOUTHEAST CORNER OF
SAID 1.9332 ACRES AND IN THE WEST LINE OF THAT CALLED 23.616 ACRES
OF LAND DESCRIBED IN A DEED TO JCE TRUST AS RECORDED IN VOLUME 9329,
PAGE 731 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS;
THENCE SOUTH 00 DEGREES 23 MINUTES 06 SECONDS WEST, 555.35
FEET ALONG A EAST LINE OF SAID 253.4 ACRES AND THE WEST LINE OF SAID
23.616 ACRES TO A 1/2 INCH STEEL ROD FOUND AT AN ANGLE POINT OF SAID
253.4 ACRES, AT A SOUTHWEST CORNER OF SAID 23.616 ACRES AND AT THE
NORTHWEST OR NORTH CORNER OF THAT CALLED 5.242 ACRES OF LAND
DESCRIBED IN A DEED TO ROBERT PAUL DENTON AS RECORDED IN FILE NO.
D220015759 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS;
THENCE SOUTH 00 DEGREES 11 MINUTES 09 SECONDS EAST, 2,070.50
FEET ALONG A EAST LINE OF SAID 253.4 ACRES, THE WEST LINE OF SAID
5.242 ACRES AND THE WEST LINE OF THAT CALLED 6.68 ACRES OF LAND
DESCRIBED IN A DEED TO JOSHUA KEVIN TERRY AND RACHEL TERRY AS
RECORDED IN FILE NO. D217044342 OF THE OFFICIAL PUBLIC RECORDS OF
TARRANT COUNTY, TEXAS TO A 1/2 INCH STEEL ROD FOUND CAPPED
"METROPLEX" AT THE MOST EASTERLY SOUTHEAST CORNER OF SAID 253.4
ACRES AND IN THE NORTHWEST LINE OF GIBSON CEMETERY ROAD;
THENCE SOUTH 58 DEGREES 52 MINUTES 26 SECONDS WEST, 165.76
FEET ALONG A SOUTHEAST LINE OF SAID 253.4 ACRES AND THE NORTHWEST
LINE OF SAID GIBSON CEMETERY ROAD TO A 1/2 INCH STEEL ROD SET CAPPED
"BY-LINE SURVEYING" AT A SOUTH CORNER OF SAID 253.4 ACRES AND AT THE
EAST CORNER OF THAT CALLED 0.26 ACRES OF LAND DESCRIBED IN A DEED TO
MILTON DELBERT CARTER AND WIFE, JIMMIE D. CARTER AS RECORDED IN
VOLUME 12978, PAGE 286 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS;
THENCE NORTH 29 DEGREES 48 MINUTES 14 SECONDS WEST, 114.66
FEET ALONG A SOUTHWEST LINE OF SAID 253.4 ACRES, THE NORTHEAST LINE
OF SAID 0.26 ACRES AND ALONG THE NORTHEAST LINE OF THAT CALLED 0.086
ACRES OF LAND DESCRIBED IN A DEED TO E. H. CARTER AND WIFE, VELMA V.
CARTER TO A 1/2 INCH STEEL ROD SET CAPPED "BY-LINE SURVEYING" AT AN
ELL CORNER OF SAID 253.4 ACRES AND AT THE NORTH CORNER OF SAID 0.086
ACRES;
THENCE SOUTH 58 DEGREES 58 MINUTES 05 SECONDS WEST, 130.75
FEET ALONG A SOUTHEAST LINE OF SAID 253.4 ACRES AND THE NORTHWEST
LINE OF SAID 0.086 ACRES TO A 1/2 INCH STEEL ROD FOUND AT AN ANGLE
POINT OF SAID 253.4 ACRES, AT THE WEST CORNER OF SAID 0.086 ACRES,
AT THE WEST CORNER OF SAID 0.26 ACRES AND AT THE NORTH CORNER OF THAT
CALLED 0.669 ACRES OF LAND DESCRIBED IN A DEED TO EL DEAN GRAHAM
ALDRICH, SR. AND CATHERINE BENNETH ALDRICH AS RECORDED IN FILE NO.
D210061249 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS;
THENCE SOUTH 82 DEGREES 50 MINUTES 54 SECONDS WEST, 267.07
FEET ALONG A SOUTHEAST LINE OF SAID 253.4 ACRES, THE NORTHWEST LINE
OF SAID 0.669 ACRES AND A NORTHWEST LINE OF THAT CALLED 1.78 ACRES
OF LAND DESCRIBED IN A DEED TO JOHN WILLIAM WATSON, JR. AND WIFE,
ELIZABETH ANN WATSON AS RECORDED IN VOLUME 6485, PAGE 933 OF THE
DEED RECORDS OF TARRANT COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 06 MINUTES 24 SECONDS WEST, 2,043.79
FEET ALONG A SOUTH LINE OF SAID 253.4 ACRES, THE NORTH LINE OF SAID
1.78 ACRES, THE NORTH LINE OF THAT CALLED 1.824 ACRES OF LAND
DESCRIBED IN A DEED TO JOHN P. BLANTON AS RECORDED IN FILE NO.
D222217134 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS,
THE NORTH LINE OF LOT 1 BLOCK 1 OF THE BLANTON ADDITION AS RECORDED
IN FILE NO. D219239213 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT
COUNTY, TEXAS, THE NORTH LINE OF THAT CALLED 2.30 ACRES OF LAND
DESCRIBED IN A DEED TO RENE LUNA AND SANDY LUNA AS RECORDED IN FILE
NO. D216277777 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY,
TEXAS, THE NORTH LINE OF LOTS 1 AND 2 OF THE WRIGHT-MOORE ADDITION
AS RECORDED IN FILE NO. D220136051 OF THE PLAT RECORDS OF TARRANT
COUNTY, TEXAS, THE NORTH LINE OF 3.078 ACRES AND THAT CALLED 3.929
ACRES OF LAND DESCRIBED IN A DEED TO WILLIE S. WRIGHT AND WIFE, EDNA
LEE WRIGHT AS RECORDED IN VOLUME 6610, PAGE 664 OF THE DEED RECORDS
OF TARRANT COUNTY, TEXAS, THE NORTH LINE OF THAT CALLED 3.502 ACRES
OF LAND DESCRIBED IN A DEED TO LARRY E. SMITHERMAN, JR. AS RECORDED
IN FILE NO. D206008331 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT
COUNTY, TEXAS, THE NORTH LINE OF THAT CALLED 6.66 ACRES OF LAND
DESCRIBED IN A DEED TO STREAMLINE LEASING, INC AS RECORDED IN FILE
NO. D218267961 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY,
TEXAS, THE NORTH LINE OF THAT CALLED 2.34 ACRES OF LAND DESCRIBED IN
A DEED TO STREAMLINE LEASING, INC. AS RECORDED IN FILE NO.
D217136197 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
AND THE NORTH LINE OF THAT CALLED 2.276 ACRES OF LAND DESCRIBED IN A
DEED TO RICHARD WAYNE BROWN AND WIFE, ALISA GAIL BROWN AS RECORDED
IN FILE NO. D206366701 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT
COUNTY, TEXAS TO A 1/2 INCH STEEL ROD SET CAPPED "BY-LINE SURVEYING"
AT AN ELL CORNER OF SAID 253.4 ACRES AND AT THE NORTHWEST CORNER OF
SAID 2.276 ACRES, FROM WHICH A 1/2 INCH STEEL ROD FOUND BEARS NORTH
89 DEGREES 06 MINUTES 24 SECONDS EAST, 155.57 FEET FOR WITNESS;
THENCE SOUTH 00 DEGREES 20 MINUTES 28 SECONDS EAST, 1,237.57
FEET ALONG A EAST LINE OF SAID 253.4 ACRES, THE WEST LINE OF SAID
2.276 ACRES AND THE WEST LINE OF THAT CALLED 4.683 ACRES OF LAND
DESCRIBED IN A DEED TO PATRICIA MARIE BAINES AS RECORDED IN VOLUME
15665, PAGE 438 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS TO A
1/2 INCH STEEL ROD FOUND AT A SOUTH CORNER OF SAID 253.4 ACRES AND AT
THE NORTHEAST CORNER OF THAT CALLED 13.232 ACRES OF LAND DESCRIBED
IN A DEED TO TEXAS ELECTRIC SERVICE COMPANY AS RECORDED IN VOLUME
4688, PAGE 261 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS;
THENCE NORTH 41 DEGREES 50 MINUTES 59 SECONDS WEST, 3,764.06
FEET ALONG A SOUTHWEST LINE OF SAID 253.4 ACRES AND THE NORTHEAST
LINE OF SAID 13.232 ACRES TO A 1/2 INCH STEEL ROD SET CAPPED
"BY-LINE SURVEYING" AT A NORTHWEST CORNER OF SAID 253.4 ACRES AND IN
THE SOUTH LINE OF JESSICA LANE;
THENCE NORTH 88 DEGREES 33 MINUTES 15 SECONDS EAST, 634.59
FEET ALONG A NORTH LINE OF SAID 253.4 ACRES AND THE SOUTH LINE OF
JESSICA LANE TO A 1/2 INCH STEEL ROD FOUND AT AN ANGLE POINT OF SAID
253.4 ACRES AND AT THE SOUTHWEST CORNER OF THAT CALLED 4.0 ACRES OF
LAND DESCRIBED IN A DEED TO R. H. FINCHER AND WIFE, AUDREY FINCHER
AS RECORDED IN VOLUME 6930, PAGE 982 OF THE DEED RECORDS OF TARRANT
COUNTY, TEXAS;
THENCE NORTH 88 DEGREES 46 MINUTES 46 SECONDS EAST, 417.28
FEET ALONG A NORTH LINE OF SAID 253.4 ACRES AND THE SOUTH LINE OF
SAID 4.0 ACRES TO A 1/2 INCH STEEL ROD FOUND AT AN ELL CORNER OF SAID
253.4 ACRES AND AT THE SOUTHEAST CORNER OF SAID 4.0 ACRES;
THENCE NORTH 00 DEGREES 00 MINUTES 38 SECONDS WEST, 417.23 FEET
ALONG A WEST LINE OF SAID 253.4 ACRES AND THE EAST LINE OF SAID 4.0
ACRES TO A 1/2 INCH STEEL ROD FOUND AT AN ELL CORNER OF SAID 253.4
ACRES AND AT THE NORTHEAST CORNER OF SAID 4.0 ACRES;
THENCE SOUTH 88 DEGREES 47 MINUTES 56 SECONDS WEST, 417.75
FEET ALONG A SOUTH LINE OF SAID 253.4 ACRES AND THE NORTH LINE OF
SAID 4.0 ACRES TO A 1/2 INCH STEEL ROD FOUND AT A SOUTHWEST CORNER OF
SAID 253.4 ACRES, AT THE NORTHWEST CORNER OF SAID 4.0 ACRES AND IN
THE EAST LINE OF THAT CALLED 1.011 ACRES OF LAND DESCRIBED IN A DEED
TO ROXANNA WATSON AS RECORDED IN VOLUME 5390, PAGE 348 OF THE DEED
RECORDS OF TARRANT COUNTY, TEXAS, FROM WHICH A 1/2 INCH STEEL ROD
FOUND BEARS SOUTH 00 DEGREES 04 MINUTES 29 SECONDS EAST, 417.36 FEET
FOR WITNESS;
THENCE NORTH 00 DEGREES 04 MINUTES 29 SECONDS WEST, 1,094.19
FEET ALONG A WEST LINE OF SAID 253.4 ACRES, THE EAST LINE OF SAID
1.011 ACRES, THE EAST LINE OF THAT CALLED 1.003 ACRES OF LAND
DESCRIBED IN A DEED TO STEPHEN CALHOUN AS RECORDED IN FILE NO.
D222181416 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS,
THE EAST LINE OF THAT CALLED 0.70 ACRES OF LAND DESCRIBED AS TRACT
ONE AND THAT CALLED 1.31 ACRES OF LAND DESCRIBED AS TRACT TWO IN A
DEED TO ROGER STITES AND WIFE, ROSEMARY STITES AS RECORDED IN FILE
NO. D213014048 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY,
TEXAS, THE EAST LINE OF THAT CALLED 1.02 ACRES OF LAND DESCRIBED IN
A DEED TO PAMELA K. WILSON AS RECORDED IN FILE NO. D222242637 OF THE
OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, THE EAST LINE OF
THAT CALLED 0.4114 ACRES OF LAND DESCRIBED IN A DEED TO JAMES R.
PASKEY AS RECORDED IN VOLUME 14715, PAGE 417 OF THE DEED RECORDS OF
TARRANT COUNTY, TEXAS, THE EAST LINE OF THAT CALLED 0.53 ACRES OF
LAND DESCRIBED IN A DEED TO MARTIN PRECIADO AND LAURENTINA AYALA
VELAZQUEZ AS RECORDED IN FILE NO. D217079549 OF THE OFFICIAL PUBLIC
RECORDS OF TARRANT COUNTY, TEXAS AND THE EAST LINE OF SAID WYNN
TRACT TO THE POINT OF BEGINNING, CONTAINING 253.48 ACRES OF LAND.
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) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8092, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8092.0307 to read as follows:
Sec. 8092.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) 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. 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. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5310 was passed by the House on May 9,
2023, by the following vote: Yeas 108, Nays 34, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5310 was passed by the Senate on May
19, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not
voting.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor