Bill Text: TX HB5340 | 2023-2024 | 88th Legislature | Enrolled


Bill Title: Relating to the creation of the North Grayson County Municipal Utility District No. 1; 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) 2023-06-18 - Effective on 9/1/23 [HB5340 Detail]

Download: Texas-2023-HB5340-Enrolled.html
 
 
  H.B. No. 5340
 
 
 
 
AN ACT
  relating to the creation of the North Grayson County Municipal
  Utility District No. 1; 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 8006 to read as follows:
  CHAPTER 8006. NORTH GRAYSON COUNTY MUNICIPAL UTILITY DISTRICT
  NO. 1
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8006.0101.  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 North Grayson County
  Municipal Utility District No. 1.
         Sec. 8006.0102.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8006.0103.  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. 8006.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  8006.0103 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 as required by
  applicable law.
         Sec. 8006.0105.  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. 8006.0106.  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. 8006.0201.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8006.0202, directors
  serve staggered four-year terms.
         Sec. 8006.0202.  TEMPORARY DIRECTORS.  (a)  On or after
  September 1, 2023, 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 temporary
  directors the five persons named in the petition.  The commission
  shall appoint as temporary directors the five persons named in the
  petition.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8006.0103; or
               (2)  September 1, 2027.
         (c)  If permanent directors have not been elected under
  Section 8006.0103 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 8006.0103; 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. 8006.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8006.0302.  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. 8006.0303.  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. 8006.0304.  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. 8006.0305.  DIVISION OF DISTRICT. (a) 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.
         (b)  An order dividing a district may create one or more new
  districts and may provide for the continuation of the district.
         (c)  An order dividing the district shall:
               (1)  name any new district;
               (2)  include the metes and bounds description of the
  territory of each of the districts;
               (3)  appoint temporary directors for any new district;
  and
               (4)  provide for the division of assets and liabilities
  between the districts.
         (d)  The board may adopt an order dividing the district
  before or after the date the board holds an election to confirm the
  district's creation.
         (e)  The district may be divided only if the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (f)   A 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.
         (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)  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.
         (i)  A new district created by the division of the district
  shall hold a confirmation and directors' election.
         (j)  If the creation of the new district is confirmed, the
  new district shall provide the election date and results to the
  commission.
         (k)  A 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.
         (l)  The district may continue to rely on confirmation,
  directors', bond, or tax elections held prior to the division.
         (m)  Municipal consent to the creation of the district and to
  the inclusion of land in the district 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. GENERAL FINANCIAL PROVISIONS
         Sec. 8006.0401.  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 8006.0403.
         (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. 8006.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8006.0401, 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. 8006.0403.  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. 8006.0501.  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. 8006.0502.  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. 8006.0503.  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 North Grayson County Municipal Utility
  District No. 1 initially includes all the territory contained in
  the following area:
  TRACT 1:
  BEING a tract of land located in the Otis Clapp Jr. Survey, Abstract
  No. 269, the John Reeves Survey, Abstract No. 1021, the Manuel
  Manchaca Survey, Abstract No. 783, and the D. S. Southmayd Survey,
  Abstract No. 1077, Grayson County, Texas, part of a called 160 acre
  Parcel One Fourth Tract and all of a called 100 acre Parcel Four
  described in the deed to Pickens Resource Corp. recorded in Volume
  2195, Page 70 of the Official Records of Grayson County, Texas
  (O.R.G.C.T.), and being more particularly described by metes and
  bounds as follows:
  BEGINNING at a point for the southeast corner of a called 25.00 acre
  tract described in the Contract of Sale between the Veterans Land
  Board of Texas and Bobby Darrell Reed recorded in Volume 1549, Page
  668 O.R.G.C.T., same being on the northerly right-of-way line of
  State Highway 56;
  THENCE North 01°26'36" East, departing the northerly right-of-way
  line of State Highway 56, along the west line of said 100 acre
  Parcel Four, the east line of said 25.00 acre tract and the east
  line of a called 30.00 acre tract described in the deed to David
  Vogel and wife, Linda Vogel, recorded in Volume 2538, Page 171
  O.R.G.C.T., a distance of 2,387.18 feet to the northwest corner of
  said 100 acre Parcel Four, same being in the southwest line of a
  called 46.94 acre Tract One described in the deed to Allejen Ranch,
  LLC, recorded in Document No. 2020-11770 O.R.G.C.T., for the
  northeast corner of said 30.00 acre tract;
  THENCE South 76°32'32" East, along the southwest line of said 46.94
  acre tract and the northeast line of said Parcel Four, a distance of
  1,918.80 feet to a point for the southwest corner of a called 150
  acre tract described in the deed to TX56 Sherman Venture LLC,
  recorded in Document No. 2022-11995 O.R.G.C.T., the southeast
  corner of said 46.94 acre tract, the northwest corner of said Parcel
  One Fourth Tract and the northeast corner of said Parcel Four;
  THENCE South 63°11'32" East, along the southwest line of said 150
  acre tract and the northeast line of said Parcel One Fourth Tract, a
  distance of 1,632.15 feet to a point for corner;
  THENCE South 00°48'35" West, the southwest line of said 150 acre
  tract and the northeast line of said Parcel One Fourth Tract,
  crossing said Parcel One Fourth Tract, a distance of 1,879.82 feet
  to a point for corner on the southerly line of said Parcel One
  Fourth Tract, same being on the northerly right-of-way line of said
  State Highway 56;
  THENCE North 78°36'53" West, along the northerly right-of-way line
  of State Highway 56, a distance of 3,423.78 feet to the POINT OF
  BEGINNING and containing 172.76 acres (7,525,326 square feet) of
  land, more or less.
  TRACT 2:
  BEING a tract of land located in the D. S. Southmayd Survey,
  Abstract No. 1077, and the C. H. Harwood Survey, Abstract No. 492,
  Grayson County, Texas, part of a called 297 acre Parcel One First
  Tract, all of a called 205.70 acre Parcel One Second Tract, part of
  a called 159.8 acre Parcel One Third Tract, part of a called 160
  acre Parcel One Fourth Tract, all of a called 100.17 acre Parcel One
  Fifth Tract, all of a called 130 acre Parcel One Sixth Tract, part
  of a called 151.9 acre Parcel Three First Tract, part of a called
  150.27 acre Parcel Three Second Tract, and all of a called 155.494
  acre Parcel Five, described in the deed to Pickens Resource Corp.
  recorded in Volume 2195, Page 70 of the Official Records of Grayson
  County, Texas (O.R.G.C.T.), and being more particularly described
  by metes and bounds as follows:
  BEGINNING at a point in the southerly right-of-way line of State
  Highway 56 and the northeast corner of a called 106.4295 acre tract
  described in the deed to DeLay Investments, LLC, recorded in Volume
  4223, Page 621 O.R.G.C.T., same being on the west line of said
  Parcel One Fourth Tract;
  THENCE South 78°36'53" East, along the southerly right-of-way line
  of State Highway 56, a distance of 1,511.09 feet to a point for
  corner;
  THENCE South 00°48'35" West, departing the southerly right-of-way
  line of State Highway 56, crossing said Parcel One Fourth Tract, a
  distance of 1,199.57 feet to a point for corner on the south line of
  said Parcel One Fourth Tract and the northerly line of said Parcel
  One Third Tract;
  THENCE South 29°35'08" East, crossing said Parcel One Third Tract, a
  distance of 730.50 feet to a point for corner;
  THENCE South 24°42'52" East, continuing across said Parcel One Third
  Tract, passing the south line of said Parcel One Third Tract and the
  north line of said Parcel One First Tract, continuing across said
  Parcel One First Tract, a distance of 2,621.47 feet to a point for
  corner;
  THENCE South 88°40'26" East, continuing across said Parcel One First
  Tract, a distance of 400.00 feet to a point for corner on the east
  line of said Parcel One First Tract and the west line of a called
  206.189 acre tract described in the deed to Lawrence Wayne
  Schroeder, Trustee, recorded in Volume 5329, Page 801 O.R.G.C.T.;
  THENCE South 01°19'34" West, along the east line of said Parcel One
  First Tract and the west line of said 206.189 acre tract, a distance
  of 300.00 feet to a point for the southwest corner of said 206.189
  acre tract and an interior corner of said Parcel One First Tract
  THENCE South 88°56'34" East, along the south line of said 206.189
  acre tract and the southerly north line of said Parcel One First
  Tract, a distance of 390.29 feet to a point for the northwest corner
  of a called 101.219 acre tract described in the deed to Michael D.
  Allen, Trustee, and Richard Mercer Abernathy, Trustee, recorded in
  Volume 4936, Page 863 O.R.G.C.T., and the southerly northeast
  corner of said Parcel One First Tract;
  THENCE South 01°33'14" West, departing the south line of said
  206.189 acre tract, along the southerly east line of said Parcel One
  First Tract, the west line of said 101.219 acre tract and the west
  line of a called 102 acre Tract Two described in the deed to Michael
  D. Allen, Trustee, and Marcy Allen Brown, Trustee, recorded in
  Volume 4882, Page 516 O.R.G.C.T., a distance of 2,651.15 feet to a
  point in the north line of said Parcel One Second Tract, for the
  southwest corner of said 102 acre tract and the southeast corner of
  said Parcel One First Tract;
  THENCE South 88°32'38" East, along the south line of said 102 acre
  tract, the north line of said Parcel One Second Tract and the north
  line of said Parcel One Fifth Tract, a distance of 3,328.02 feet to
  a point within the margins of Collin Road, in the west line of a
  called 372.75 acre Parcel Two, described in the said deed to Pickens
  Resource Corp. recorded in Volume 2195, Page 70 O.R.G.C.T., for the
  southeast corner of said 102 acre tract and the northeast corner of
  said Parcel One Fifth Tract;
  THENCE South 01°15'46" West, along the east line of said Parcel One
  Fifth Tract and the west line of said 372.75 acre Parcel Two, a
  distance of 1,841.31 feet to a point for corner in the margins of
  Swindle Road for the southwest corner of said 372.75 acre Parcel Two
  and the easterly, southeast corner of said Parcel One Fifth Tract,
  same also being on the north line of called 195,778 acre tract
  described in the deed to KRE3 LLC recorded in Document
  No. 2021-33451 O.R.G.C.T.;
  THENCE North 89°05'42" West, within the margins of Swindle Road and
  Collins Road, along the north line of said 195.778 acre tract and
  the easterly south line of said Parcel One Fifth Tract, a distance
  of 630.20 feet to the northwest corner of said 195.778 acre tract
  and an interior corner of said Parcel One Fifth Tract;
  THENCE South 00°47'11" East, continuing within the margins of
  Collins Road, along the west line of said 195.778 acre tract, the
  west line of a called 194.19 acre tract described in the deed to
  Alvin J. Schroeder and Helen Lorene Schroeder, Trustees, recorded
  in Volume 5178, Page 46 O.R.G.C.T., the southerly east line of said
  Parcel One Fifth Tract, the east line of said Parcel Three Second
  Tract, the east line of said Parcel Three First Tract and the east
  line of said Parcel Five, a distance of 6,041.54 feet to a point at
  the intersection Davis Road and Collins Road, for the northwest
  corner of a called 5.46 acre tract described in the deed to Audie C.
  Hall and wife, Janis Dee Hall, recorded in Volume 2727, Page 501
  O.R.G.C.T., the northeast corner of a called 3.000 acre tract
  described in the deed to GF3 Partnership, LLC, recorded in Document
  No. 2019-17471 O.R.G.C.T., the southwest corner of said 194.19 acre
  tract, and the southeast corner of said Parcel Five;
  THENCE North 88°45'13" West, within the margins of Davis Road, along
  the south line of said Parcel Five, the north line of said 3.000
  acre tract, the north line of a called 98.652 acre tract described
  in the deed to GF3 Partnership, LLC, recorded in Document
  No. 2019-17476 O.R.G.C.T., the north line of a called 9.992 acre
  tract described in the deed to Cote Sutton and wife, Ashley Sutton,
  recorded in Volume 5353, Page 685 O.R.G.C.T., the north line of a
  called 24.112 acre tract described in the deed to Cote Sutton and
  wife, Ashley Sutton, recorded in Volume 5353, Page 481 O.R.G.C.T.,
  the north line of a called 2.000 acre Tract 1 described in the deed
  to Value Property Group LLC recorded in Document No. 2022-6411
  O.R.G.C.T., the north line of a called 16.008 acre tract described
  in the deed to TLS Investments, L.P., recorded in Document
  No. 2019-22263 O.R.G.C.T., the north line of a called 10.000 acre
  tract described in the deed to Tony Ezell and wife, Brenda Ezell,
  recorded in Volume 2831, Page 315 O.R.G.C.T., the north line of a
  called 20.991 acre tract described in the deed to Nelva Dorothy
  Brown recorded in Document No. 2018-4747 O.R.G.C.T., the north line
  of a called 29.761 acre tract described in the deed to Michael D.
  Oxford and wife, Hazel D. Oxford, recorded in Volume 2817, Page 651
  O.R.G.C.T., and the northerly north line of a called 121.885 acre
  Tract 1 described in the deed to Houillion Family Limited
  Partnership recorded in Document No. 2018-9791 O.R.G.C.T., a
  distance of 3,696.83 feet to a point for the southeast corner of a
  called 150 acre tract described in the deed to Sammy W. Dolezalek
  and wife, Donna Dolezalek, recorded in Voume 2958, Page 115
  O.R.G.C.T., and the southwest corner of said Parcel Five;
  THENCE North 00°00'02" West, departing the northerly north line of
  said 121.885 acre tract, along the east line of said 150 acre
  Dolezalek tract and the west line of said Parcel Five, a distance of
  1,798.22 feet to a point for the southwest corner of a called
  132.078 acre tract described in the deed to Pickens Financial
  Group, LLC, recorded in Document No. 2021-23130 O.R.G.C.T. and the
  northwest corner of said Parcel Five;
  THENCE North 00°29'22" West, along the east line of said 150 acre
  tract and the west line of said 132.078 acre tract, a distance of
  324.53 feet to a point for the southeast corner of a called 97.812
  acre tract described in the deed to SSMC Properties LLC recorded in
  Document No. 2021-23790 O.R.G.C.T. and the northeast corner of said
  150 acre tract;
  THENCE North 00°07'27" East, along the east line of said 97.812 acre
  tract and the west line of said 132.078 acre tract, a distance of
  1,436.61 feet to a point for the southeast corner of a called 16.673
  acre tract described in the deed to Adam Butler Irvin and Lindsey
  Morgan Irvin recorded in Document No. 2021-5982 O.R.G.C.T. and the
  northeast corner of said 97.812 acre tract;
  THENCE North 00°03'38" West, along the east line of said 16.673 acre
  tract, the east line of a called 41.680 acre tract described in the
  deed to Adam Butler Irvin and Lindsey Morgan Irvin recorded in
  Document No. 2021-6228 O.R.G.C.T., the east line of a called 25.00
  acre tract described in the deed to Zlatan Dzebic recorded in Volume
  5533, Page 317 O.R.G.C.T., the east line of said 24.967 acre North
  Shook Road LLC tract and the west line of said 132.078 acre tract, a
  distance of 1,810.64 feet to a point for corner;
  THENCE South 89°26'34" West, continuing within the margins of Shook
  Road, along the south line of said Parcel One Second Tract, the
  south line of said Parcel One Sixth Tract, the north line of said
  24.967 acre tract, the easterly north line of a called 9.894 acre
  tract described in the deed to Larry D. Bolz recorded in Volume
  2531, Page 161 O.R.G.C.T., and the north line of a called 2.99 acre
  tract described in the deed to Jeffery Allen Johnson recorded in
  Volume 5898, Page 105 O.R.G.C.T., a distance of 2,913.36 feet to a
  point at the intersection of O'Hanlon Road and Shook Road, for the
  northeast corner of a called 63.510 acre tract described in the deed
  to Jose Gregorio Molina recorded in Volume 5178, Page 689
  O.R.G.C.T., the southeast corner of a called 171.889 acre tract of
  land described a deed to Plaza at Sherman Ranch 171 LLC, recorded in
  Document No. 2022-18898 O.R.G.C.T., and being the southwest corner
  of said Parcel One Sixth Tract;
  THENCE North 01°19'05" East, within the margins of O'Hanlon Road,
  along the east line of said 171.889 acre tract, the east line of a
  called 50.000 acre tract described in the deed to Good Halsey Land
  LLC recorded in Document No. 2020-33486 O.R.G.C.T., the east line
  of a called 50.610 acre tract described in the deed to Phewa
  Investment Group LLC recorded in Document No. 2020-26676
  O.R.G.C.T., the east line of a called 21.013 acre tract described in
  the deed to Mary C. Davies recorded in Volume 2670, Page 617
  O.R.G.C.T., the west line of said Parcel One Sixth Tract and the
  northerly west line of said Parcel One First Tract, a distance of
  6,490.90 feet to a point for the southeast corner of a called 24.720
  acre tract described in the deed to Kenneth Nunn and Angela Howard
  recorded in Volume 3258, Page 566 O.R.G.C.T, the northeast corner
  of said 21.013 acre tract, the southwest corner of said Parcel One
  Third Tract and the northwest corner of said Parcel One First Tract;
  THENCE North 01°27'37" East, continuing within the margins of
  O'Hanlon Road, along the east line of said 24.720 acre tract, the
  east line of a called 30.0 acre tract described in the deed to Lanny
  C. Jaresh and wife, Cleta J. Jaresh, recorded in Volume 1281, Page
  381 O.R.G.C.T., the east line of a called 1.000 acre tract described
  in the deed to Donald and Judy Wooten recorded in Volume 5406, Page
  670 O.R.G.C.T., the east line of a called 12.000 acre tract
  described in the deed to George Adrian. O'Hanlon recorded in
  Document No. 2022-9967 O.R.G.C.T., the east line of a called 19.088
  acre tract described in the deed to Anthony O'Hanlon, Independent
  Executor for the Estate of Betty J. O'Hanlon, recorded in Document
  No. 2022-29020 O.R.G.C.T., the east line of a called 106.4295 acre
  tract described in the deed to DeLay Investments, LLC, recorded in
  Volume 4223, Page 621 O.R.G.C.T., the west line of said Parcel One
  Third Tract and the west line of said Parcel One Fourth Tract, a
  distance of 3,527.27 feet to the POINT OF BEGINNING and containing
  1,317.33 acres (57,382,840 square feet) 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)  If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  8006, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8006.0306 to read as follows:
         Sec. 8006.0306.  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 September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 5340 was passed by the House on May
  12, 2023, by the following vote:  Yeas 102, Nays 38, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 5340 was passed by the Senate on May
  24, 2023, by the following vote:  Yeas 29, Nays 2.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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