Bill Text: TX HB4584 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Sterrett Road Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-18 - Effective immediately [HB4584 Detail]
Download: Texas-2021-HB4584-Engrossed.html
Bill Title: Relating to the creation of the Sterrett Road Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-18 - Effective immediately [HB4584 Detail]
Download: Texas-2021-HB4584-Engrossed.html
87R16620 MCF-F | ||
By: Ellzey | H.B. No. 4584 |
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relating to the creation of the Sterrett Road Municipal Management | ||||||
District; providing authority to issue bonds; providing authority | ||||||
to impose assessments, fees, and taxes; granting a limited power of | ||||||
eminent domain. | ||||||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||||||
SECTION 1. Subtitle C, Title 4, Special District Local Laws | ||||||
Code, is amended by adding Chapter 3959 to read as follows: | ||||||
CHAPTER 3959. STERRETT ROAD MUNICIPAL MANAGEMENT DISTRICT | ||||||
SUBCHAPTER A. GENERAL PROVISIONS | ||||||
Sec. 3959.0001. DEFINITIONS. In this chapter: | ||||||
(1) "Board" means the district's board of directors. | ||||||
(2) "City" means the City of Waxahachie. | ||||||
(3) "Director" means a board member. | ||||||
(4) "District" means the Sterrett Road Municipal | ||||||
Management District. | ||||||
Sec. 3959.0002. NATURE OF DISTRICT. The Sterrett Road | ||||||
Municipal Management District is a special district created under | ||||||
Section 59, Article XVI, Texas Constitution. | ||||||
Sec. 3959.0003. PURPOSE; DECLARATION OF INTENT. (a) The | ||||||
creation of the district is essential to accomplish the purposes of | ||||||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||||||
Texas Constitution, and other public purposes stated in this | ||||||
chapter. | ||||||
(b) By creating the district and in authorizing the city and | ||||||
other political subdivisions to contract with the district, the | ||||||
legislature has established a program to accomplish the public | ||||||
purposes set out in Section 52-a, Article III, Texas Constitution. | ||||||
(c) The creation of the district is necessary to promote, | ||||||
develop, encourage, and maintain employment, commerce, | ||||||
transportation, housing, tourism, recreation, the arts, | ||||||
entertainment, economic development, safety, and the public | ||||||
welfare in the district. | ||||||
(d) This chapter and the creation of the district may not be | ||||||
interpreted to relieve the city from providing the level of | ||||||
services provided as of the effective date of the Act enacting this | ||||||
chapter to the area in the district. The district is created to | ||||||
supplement and not to supplant city services provided in the | ||||||
district. | ||||||
Sec. 3959.0004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | ||||||
(a) All land and other property included in the district will | ||||||
benefit from the improvements and services to be provided by the | ||||||
district under powers conferred by Sections 52 and 52-a, Article | ||||||
III, and Section 59, Article XVI, Texas Constitution, and other | ||||||
powers granted under this chapter. | ||||||
(b) The district is created to serve a public use and | ||||||
benefit. | ||||||
(c) The creation of the district is in the public interest | ||||||
and is essential to further the public purposes of: | ||||||
(1) developing and diversifying the economy of the | ||||||
state; | ||||||
(2) eliminating unemployment and underemployment; and | ||||||
(3) developing or expanding transportation and | ||||||
commerce. | ||||||
(d) The district will: | ||||||
(1) promote the health, safety, and general welfare of | ||||||
residents, employers, potential employees, employees, visitors, | ||||||
and consumers in the district, and of the public; | ||||||
(2) provide needed funding for the district to | ||||||
preserve, maintain, and enhance the economic health and vitality of | ||||||
the district territory as a community and business center; | ||||||
(3) promote the health, safety, welfare, and enjoyment | ||||||
of the public by providing pedestrian ways and by landscaping and | ||||||
developing certain areas in the district, which are necessary for | ||||||
the restoration, preservation, and enhancement of scenic beauty; | ||||||
and | ||||||
(4) provide for water, wastewater, drainage, road, and | ||||||
recreational facilities for the district. | ||||||
(e) Pedestrian ways along or across a street, whether at | ||||||
grade or above or below the surface, and street lighting, street | ||||||
landscaping, parking, and street art objects are parts of and | ||||||
necessary components of a street and are considered to be a street | ||||||
or road improvement. | ||||||
(f) The district will not act as the agent or | ||||||
instrumentality of any private interest even though the district | ||||||
will benefit many private interests as well as the public. | ||||||
Sec. 3959.0005. 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 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 bonds for the purposes | ||||||
for which the district is created or to pay the principal of and | ||||||
interest on the bonds; | ||||||
(3) right to impose or collect an assessment or tax; or | ||||||
(4) legality or operation. | ||||||
Sec. 3959.0006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||||||
All or any part of the area of the district is eligible to be | ||||||
included in: | ||||||
(1) a tax increment reinvestment zone created under | ||||||
Chapter 311, Tax Code; or | ||||||
(2) a tax abatement reinvestment zone created under | ||||||
Chapter 312, Tax Code. | ||||||
Sec. 3959.0007. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||||||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||||||
Chapter 375, Local Government Code, applies to the district. | ||||||
Sec. 3959.0008. CONSTRUCTION OF CHAPTER. This chapter | ||||||
shall be liberally construed in conformity with the findings and | ||||||
purposes stated in this chapter. | ||||||
SUBCHAPTER B. BOARD OF DIRECTORS | ||||||
Sec. 3959.0051. GOVERNING BODY; TERMS. (a) The district is | ||||||
governed by a board of five elected directors who serve staggered | ||||||
terms of four years. | ||||||
(b) Directors are elected in the manner provided by | ||||||
Subchapter D, Chapter 49, Water Code. | ||||||
Sec. 3959.0052. COMPENSATION; EXPENSES. (a) The district | ||||||
may compensate each director in an amount not to exceed $150 for | ||||||
each board meeting. The total amount of compensation for each | ||||||
director in one year may not exceed $7,200. | ||||||
(b) A director is entitled to reimbursement for necessary | ||||||
and reasonable expenses incurred in carrying out the duties and | ||||||
responsibilities of the board. | ||||||
Sec. 3959.0053. INITIAL DIRECTORS. (a) The initial board | ||||||
consists of the following directors: | ||||||
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(b) Of the initial directors, the terms of directors | ||||||
appointed for positions one through three expire June 1, 2023, and | ||||||
the terms of directors appointed for positions four and five expire | ||||||
June 1, 2025. | ||||||
SUBCHAPTER C. POWERS AND DUTIES | ||||||
Sec. 3959.0101. GENERAL POWERS AND DUTIES. The district | ||||||
has the powers and duties necessary to accomplish the purposes for | ||||||
which the district is created. | ||||||
Sec. 3959.0102. IMPROVEMENT PROJECTS AND SERVICES. (a) The | ||||||
district, using any money available to the district for the | ||||||
purpose, may provide, design, construct, acquire, improve, | ||||||
relocate, operate, maintain, or finance an improvement project or | ||||||
service authorized under this chapter or Chapter 372 or 375, Local | ||||||
Government Code. | ||||||
(b) The district may contract with a governmental or private | ||||||
entity to carry out an action under Subsection (a). | ||||||
(c) The implementation of a district project or service is a | ||||||
governmental function or service for the purposes of Chapter 791, | ||||||
Government Code. | ||||||
Sec. 3959.0103. NONPROFIT CORPORATION. (a) The board by | ||||||
resolution may authorize the creation of a nonprofit corporation to | ||||||
assist and act for the district in implementing a project or | ||||||
providing a service authorized by this chapter. | ||||||
(b) The nonprofit corporation: | ||||||
(1) has each power of and is considered to be a local | ||||||
government corporation created under Subchapter D, Chapter 431, | ||||||
Transportation Code; and | ||||||
(2) may implement any project and provide any service | ||||||
authorized by this chapter. | ||||||
(c) The board shall appoint the board of directors of the | ||||||
nonprofit corporation. The board of directors of the nonprofit | ||||||
corporation shall serve in the same manner as the board of directors | ||||||
of a local government corporation created under Subchapter D, | ||||||
Chapter 431, Transportation Code, except that a board member is not | ||||||
required to reside in the district. | ||||||
Sec. 3959.0104. LAW ENFORCEMENT SERVICES. To protect the | ||||||
public interest, the district may contract with the city to provide | ||||||
additional law enforcement services in the district for a fee. | ||||||
Sec. 3959.0105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. | ||||||
The district may join and pay dues to a charitable or nonprofit | ||||||
organization that performs a service or provides an activity | ||||||
consistent with the furtherance of a district purpose. | ||||||
Sec. 3959.0106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The | ||||||
district may engage in activities that accomplish the economic | ||||||
development purposes of the district. | ||||||
(b) The district may establish and provide for the | ||||||
administration of one or more programs to promote state or local | ||||||
economic development and to stimulate business and commercial | ||||||
activity in the district, including programs to: | ||||||
(1) make loans and grants of public money; and | ||||||
(2) provide district personnel and services. | ||||||
(c) The district may create economic development programs | ||||||
and exercise the economic development powers provided to | ||||||
municipalities by: | ||||||
(1) Chapter 380, Local Government Code; and | ||||||
(2) Subchapter A, Chapter 1509, Government Code. | ||||||
Sec. 3959.0107. PARKING FACILITIES. (a) The district may | ||||||
acquire, lease as lessor or lessee, construct, develop, own, | ||||||
operate, and maintain parking facilities or a system of parking | ||||||
facilities, including lots, garages, parking terminals, or other | ||||||
structures or accommodations for parking motor vehicles off the | ||||||
streets and related appurtenances. | ||||||
(b) The district's parking facilities serve the public | ||||||
purposes of the district and are owned, used, and held for a public | ||||||
purpose even if leased or operated by a private entity for a term of | ||||||
years. | ||||||
(c) The district's parking facilities are parts of and | ||||||
necessary components of a street and are considered to be a street | ||||||
or road improvement. | ||||||
(d) The development and operation of the district's parking | ||||||
facilities may be considered an economic development program. | ||||||
Sec. 3959.0108. ADDING OR EXCLUDING LAND. The district may | ||||||
add or exclude land in the manner provided by Subchapter J, Chapter | ||||||
49, Water Code, or by Subchapter H, Chapter 54, Water Code. | ||||||
Sec. 3959.0109. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||||||
board by resolution shall establish the number of directors' | ||||||
signatures and the procedure required for a disbursement or | ||||||
transfer of district money. | ||||||
Sec. 3959.0110. EMINENT DOMAIN. (a) The district may | ||||||
exercise the power of eminent domain in the manner provided by | ||||||
Chapter 49, Water Code. | ||||||
(b) The district may not exercise the power of eminent | ||||||
domain outside the district to acquire a site or easement for: | ||||||
(1) a road project; or | ||||||
(2) recreational facilities as defined by Section | ||||||
49.462, Water Code. | ||||||
Sec. 3959.0111. 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) An order dividing the district must: | ||||||
(1) name each new district; | ||||||
(2) include the metes and bounds description of the | ||||||
territory of each new district; | ||||||
(3) appoint initial directors for each new district; | ||||||
and | ||||||
(4) provide for the division of assets and liabilities | ||||||
between or among the new districts. | ||||||
(f) 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 Texas Commission on Environmental Quality and record the | ||||||
order in the real property records of each county in which the | ||||||
district is located. | ||||||
(g) 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. | ||||||
(h) Municipal consent to the creation of the district and to | ||||||
the inclusion of land in the district granted under Section | ||||||
3959.0206 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. | ||||||
SUBCHAPTER D. ASSESSMENTS | ||||||
Sec. 3959.0151. PETITION REQUIRED FOR FINANCING SERVICES | ||||||
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a | ||||||
service or improvement project with assessments under this chapter | ||||||
unless a written petition requesting that service or improvement | ||||||
has been filed with the board. | ||||||
(b) A petition filed under Subsection (a) must be signed by | ||||||
the owners of a majority of the assessed value of real property in | ||||||
the district subject to assessment according to the most recent | ||||||
certified tax appraisal roll for the county. | ||||||
Sec. 3959.0152. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | ||||||
The board by resolution may impose and collect an assessment for any | ||||||
purpose authorized by this chapter in all or any part of the | ||||||
district. | ||||||
(b) An assessment, a reassessment, or an assessment | ||||||
resulting from an addition to or correction of the assessment roll | ||||||
by the district, penalties and interest on an assessment or | ||||||
reassessment, an expense of collection, and reasonable attorney's | ||||||
fees incurred by the district: | ||||||
(1) are a first and prior lien against the property | ||||||
assessed; | ||||||
(2) are superior to any other lien or claim other than | ||||||
a lien or claim for county, school district, or municipal ad valorem | ||||||
taxes; and | ||||||
(3) are the personal liability of and a charge against | ||||||
the owners of the property even if the owners are not named in the | ||||||
assessment proceedings. | ||||||
(c) The lien is effective from the date of the board's | ||||||
resolution imposing the assessment until the date the assessment is | ||||||
paid. The board may enforce the lien in the same manner that the | ||||||
board may enforce an ad valorem tax lien against real property. | ||||||
(d) The board may make a correction to or deletion from the | ||||||
assessment roll that does not increase the amount of assessment of | ||||||
any parcel of land without providing notice and holding a hearing in | ||||||
the manner required for additional assessments. | ||||||
Sec. 3959.0153. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT. | ||||||
Section 375.161, Local Government Code, does not apply to the | ||||||
district. | ||||||
SUBCHAPTER E. TAXES AND BONDS | ||||||
Sec. 3959.0201. TAX ELECTION REQUIRED. (a) The district | ||||||
must hold an election in the manner provided by Chapter 49, Water | ||||||
Code, or, if applicable, Chapter 375, Local Government Code, to | ||||||
obtain voter approval before the district may impose an ad valorem | ||||||
tax. | ||||||
(b) Section 375.243, Local Government Code, does not apply | ||||||
to the district. | ||||||
Sec. 3959.0202. OPERATION AND MAINTENANCE TAX. (a) If | ||||||
authorized by a majority of the district voters voting at an | ||||||
election under Section 3959.0201, the district may impose an | ||||||
operation and maintenance tax on taxable property in the district | ||||||
in the manner provided by Section 49.107, Water Code, for any | ||||||
district purpose, including to: | ||||||
(1) maintain and operate the district; | ||||||
(2) construct or acquire improvements; or | ||||||
(3) provide a service. | ||||||
(b) The board shall determine the operation and maintenance | ||||||
tax rate. The rate may not exceed the rate approved at the | ||||||
election. | ||||||
Sec. 3959.0203. AUTHORITY TO BORROW MONEY AND TO ISSUE | ||||||
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on | ||||||
terms determined by the board. | ||||||
(b) The district may issue, by public or private sale, | ||||||
bonds, notes, or other obligations payable wholly or partly from ad | ||||||
valorem taxes, assessments, impact fees, revenue, contract | ||||||
payments, grants, or other district money, or any combination of | ||||||
those sources of money, to pay for any authorized district purpose. | ||||||
(c) The limitation on the outstanding principal amount of | ||||||
bonds, notes, or other obligations provided by Section 49.4645, | ||||||
Water Code, does not apply to the district. | ||||||
(d) The district may issue, by public or private sale, | ||||||
bonds, notes, or other obligations payable wholly or partly from ad | ||||||
valorem taxes or assessments in the manner provided by Subchapter | ||||||
A, Chapter 372, Local Government Code, if the improvements financed | ||||||
by an obligation issued under this section will be conveyed to or | ||||||
operated and maintained by a municipality or other retail utility | ||||||
provider pursuant to an agreement with the district entered into | ||||||
before the issuance of the obligation. | ||||||
Sec. 3959.0204. BONDS SECURED BY REVENUE OR CONTRACT | ||||||
PAYMENTS. The district may issue, without an election, bonds | ||||||
secured by: | ||||||
(1) revenue other than ad valorem taxes; | ||||||
(2) contract payments, provided that the requirements | ||||||
of Section 49.108, Water Code, have been met; or | ||||||
(3) other contract revenues. | ||||||
Sec. 3959.0205. BONDS SECURED BY AD VALOREM TAXES; | ||||||
ELECTIONS. (a) If authorized at an election under Section | ||||||
3959.0201, the district may issue bonds payable from ad valorem | ||||||
taxes. | ||||||
(b) 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 annual ad valorem tax, without | ||||||
limit as to rate or amount, for each year that all or part of the | ||||||
bonds are outstanding as required and in the manner provided by | ||||||
Sections 54.601 and 54.602, Water Code. | ||||||
(c) All or any part of any facilities or improvements that | ||||||
may be acquired by a district by the issuance of its bonds may be | ||||||
submitted as a single proposition or as several propositions to be | ||||||
voted on at the election. | ||||||
Sec. 3959.0206. CONSENT OF MUNICIPALITY REQUIRED. (a) The | ||||||
board may not issue bonds 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. | ||||||
(b) This section applies only to the district's first | ||||||
issuance of bonds payable from ad valorem taxes. | ||||||
SUBCHAPTER Z. DISSOLUTION | ||||||
Sec. 3959.0901. DISSOLUTION. (a) The board shall dissolve | ||||||
the district on written petition filed with the board by the owners | ||||||
of: | ||||||
(1) 66 percent or more of the assessed value subject to | ||||||
assessment by the district of the property in the district based on | ||||||
the most recent certified county property tax rolls; or | ||||||
(2) 66 percent or more of the surface area of the | ||||||
district, excluding roads, streets, highways, utility | ||||||
rights-of-way, other public areas, and other property exempt from | ||||||
assessment by the district according to the most recent certified | ||||||
county property tax rolls. | ||||||
(b) The district may not be dissolved if the district: | ||||||
(1) has any outstanding bonded or other indebtedness | ||||||
until that bonded or other indebtedness has been repaid or defeased | ||||||
in accordance with the order or resolution authorizing the issuance | ||||||
of the bonded or other indebtedness; | ||||||
(2) has a contractual obligation to pay money until | ||||||
that obligation has been fully paid in accordance with the | ||||||
contract; or | ||||||
(3) owns, operates, or maintains public works, | ||||||
facilities, or improvements unless the district has contracted with | ||||||
another party for the ownership and operation or maintenance of the | ||||||
public works, facilities, or improvements. | ||||||
(c) Section 375.262, Local Government Code, does not apply | ||||||
to the district. | ||||||
SECTION 2. The Sterrett Road Municipal Management District | ||||||
initially includes all territory contained in the following area: | ||||||
Being a parcel of land located in Ellis County, Texas, a part of the | ||||||
a part of the Clement Goar Survey, Abstract Number 401, a part of | ||||||
the Carter H. Hurst Survey, Abstract Number 456, and being all of | ||||||
that called 124.27 acre tract of land described in deed to Futex | ||||||
Property Company No. 112, LLC as recorded in Instrument Number | ||||||
1801007, Official Public Records of Ellis County, Texas, and being | ||||||
all of that called 101.19 acre tract of land described in deed to | ||||||
James R. Pitts, Trustee as recorded in Instrument Number 1723473, | ||||||
Official Public Records of Ellis County, Texas, and also being all | ||||||
of that called 360.00 acre tract of land described in deed to Fuscom | ||||||
Property Company No. 2, LLC as recorded in Instrument Number | ||||||
1800404, Official Public Records of Ellis County, Texas, and being | ||||||
further described as follows: | ||||||
BEGINNING at a point at the southwest corner of said 124.27 acre | ||||||
tract, said point also being at the approximate centerline | ||||||
intersection of West Sterrett Road and Patrick Road; | ||||||
THENCE North 00 degrees 02 minutes 30 seconds West, 4,252.90 feet to | ||||||
a point for corner, said point being the most westerly northwest | ||||||
corner of said 360.00 acre tract, said point also being in Patrick | ||||||
Road; | ||||||
THENCE along the north line of said 360.00 acre tract as follows: | ||||||
North 88 degrees 02 minutes 21 seconds East, 2,227.21 feet to | ||||||
a point for corner; | ||||||
North 03 degrees 02 minutes 39 seconds West, 972.62 feet to a | ||||||
point for corner; | ||||||
North 89 degrees 51 minutes 38 seconds East, 459.17 feet to a | ||||||
point for corner; | ||||||
North 02 degrees 01 minutes 41 seconds West, 296.17 feet to a | ||||||
point for corner; | ||||||
North 89 degrees 01 minutes 02 seconds East, 1,306.16 feet to | ||||||
a point for corner; | ||||||
North 88 degrees 37 minutes 03 seconds East, 453.09 feet to a | ||||||
point for corner; | ||||||
South 01 degrees 18 minutes 19 seconds East, 437.73 feet to a | ||||||
point for corner; | ||||||
North 89 degrees 09 minutes 41 seconds East, 850.07 feet to a | ||||||
point for corner, said point being the northeast corner of said | ||||||
360.00 acre tract; | ||||||
THENCE along the east line of said 360.00 acre tract as follows: | ||||||
South 00 degrees 57 minutes 39 seconds East, 1,694.38 feet to | ||||||
a point for corner; | ||||||
South 01 degrees 25 minutes 02 seconds East, 1,620.58 feet to | ||||||
a point for corner, said point being the southeast corner of said | ||||||
360.00 acre tract, said point also being the northeast corner of | ||||||
said 101.19 acre tract; | ||||||
THENCE South 00 degrees 37 minutes 32 seconds East, 1,625.00 feet to | ||||||
the southeast corner of said 101.19 acre tract, said point also | ||||||
being in West Sterrett Road; | ||||||
THENCE North 89 degrees 19 minutes 15 seconds West, 2,693.70 feet to | ||||||
a point for corner, said point being the southwest corner of said | ||||||
101.19 acre tract, said point also being in the east line of said | ||||||
124.27 acre tract, said point also being in West Sterrett Road; | ||||||
THENCE South 01 degrees 22 minutes 01 seconds East, 294.05 feet to a | ||||||
point for corner, said point being the southeast corner of said | ||||||
124.27 acre tract, said point also being in West Sterrett Road; | ||||||
THENCE South 89 degrees 54 minutes 12 seconds West, 2,638.73 feet | ||||||
along the south line of said 124.27 acre tract to the POINT OF | ||||||
BEGINNING and containing 25,506,220 square feet or 585.542 acres of | ||||||
land. | ||||||
Bearings are based on the west line of that called 124.27 acre tract | ||||||
of land described in deed to Futex Property Company No. 112, LLC as | ||||||
recorded in Instrument Number 1801007, Official Public Records of | ||||||
Ellis County, Texas. | ||||||
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, | ||||||
lieutenant governor, and 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 have been | ||||||
fulfilled and accomplished. | ||||||
SECTION 4. (a) Section 3959.0110, 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 3959, Special | ||||||
District Local Laws Code, as added by Section 1 of this Act, is | ||||||
amended by adding Section 3959.0110 to read as follows: | ||||||
Sec. 3959.0110. 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. 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, 2021. |