Bill Text: TX HB5355 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to the creation of the Prairie View Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2023-06-11 - Effective immediately [HB5355 Detail]

Download: Texas-2023-HB5355-Enrolled.html

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H.B. No. 5355

relating to the creation of the Prairie View Municipal Management
District No. 1; 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 C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3939 to read as follows:
CHAPTER 3939. PRAIRIE VIEW MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3939.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Amarillo.
(3) "Director" means a board member.
(4) "District" means the Prairie View Municipal
Management District No. 1.
(5) "Rail facilities" includes all real and personal
property owned or held by the district for railroad purposes,
including land, interests in land, structures, easements, rail
lines, stations, platforms, rolling stock, garages, equipment, and
other facilities necessary or convenient for the operation of those
facilities.
Sec. 3939.0102. NATURE OF DISTRICT. The Prairie View
Municipal Management District No. 1 is a special district created
under Section 59, Article XVI, Texas Constitution.
Sec. 3939.0103. 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. 3939.0104. 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,
rail, 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. 3939.0105. 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. 3939.0106. 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. 3939.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3939.0108. 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. 3939.0201. 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. 3939.0202. 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. 3939.0203. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Pos. No. Name of Director
1 Craig Cooper
2 David Grotegut
3 Debra McCart Montgomery
4 Ben Weinheimer
5 Heath Wilson
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2025, and
the terms of directors appointed for positions four and five expire
June 1, 2027.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3939.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3939.0302. 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 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. 3939.0303. 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. 3939.0304. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the city, to provide law enforcement services in the
district for a fee.
Sec. 3939.0305. 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. 3939.0306. 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. 3939.0307. 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. 3939.0308. 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. 3939.0309. 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. 3939.0310. RAIL FACILITIES. The district may
construct, acquire, improve, maintain, finance, and operate rail
facilities and improvements for freight, commuter, or other rail
purposes.
Sec. 3939.0311. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. ASSESSMENTS
Sec. 3939.0401. 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. 3939.0402. 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.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3939.0501. 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. 3939.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 3939.0501, 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. 3939.0503. 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 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.
Sec. 3939.0504. BONDS SECURED BY REVENUE OR CONTRACT
PAYMENTS. The district may issue, without an election, bonds
secured by:
(1) revenue other than ad valorem taxes, including
contract revenues; or
(2) contract payments, provided that the requirements
of Section 49.108, Water Code, have been met.
Sec. 3939.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
3939.0501, 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. 3939.0506. 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 I. DISSOLUTION
Sec. 3939.0901. 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 Prairie View Municipal Management District
No. 1 initially includes all territory contained in the following
area:
(a) A 621.87 acre tract of land out of Sections 30 and 31,
Block 2, A. B. & M. Survey, Potter County, Texas, and more
particularly described as follows:
BEGINNING at a Gresham Aluminum Cap found on the east
right-of-way line of Spur 228 same being the southwest corner of
said Section 30 for a corner of this tract.
THENCE N. 00° 11' 35" E., along said east right-of-way line, a
distance of 4161.54 feet to a/2" iron rod with a yellow cap
inscribed "RPLS 4263" (such type cap and rod hereafter referred to
as an OJD Cap) set on said east right-of-way line for the most
westerly northwest corner of this tract.
THENCE N. 87° 28' 24" E., continuing along said right-of-way
line, a distance of 1.08 feet to a Gresham Aluminum Cap found for an
angle corner of this tract.
THENCE N. 40° 07' 53" E., along said right-of-way line, a
distance of 116.08 feet to TxDot Brass Cap Monument found on the
south right-of-way line of Interstate Highway No. 40 for the most
northerly northwest corner of this tract.
THENCE N. 80° 18' 54" E., along said south right-of-way line,
a distance of 286.20 feet to a Gresham Aluminum Cap found on said
south right-of-way line for an angle corner of this tract.
THENCE N. 80° 18' 37" E., continuing along said south
right-of-way line, a distance of 300.34 feet to a Gresham Aluminum
Cap found on said south right-of-way line for an angle corner of
this tract.
THENCE N. 69° 11' 51" E., continuing along said south
right-of-way line, a distance of 102.08 feet to a Gresham Aluminum
Cap found on said south right-of-way line for an angle corner of
this tract.
THENCE N. 80° 26' 43" E., continuing along said south
right-of-way line, a distance of 3052.07 feet to a Gresham Aluminum
Cap found on said south right-of-way line same being the beginning
of a curve to the right for a corner of this tract.
THENCE in a northeasterly direction along said curve to the
right and said south right-of-way line with a radius equal to
5579.58 feet, a long chord bearing of N. 82° 11' 05" E. and a long
chord distance of 338.73 feet, a curve distance of 338.78 feet to a
Gresham Aluminum Cap found at the end of said curve to the right
same being on said south right-of-way line for a corner of this
tract.
THENCE S. 83° 50' 20" E., continuing along said south
right-of-way line, a distance of 99.24 feet to a Gresham Aluminum
Cap found at the beginning of a curve to the right for an angle
corner of this tract.
THENCE in a northeasterly direction along said curve to the
right and said south right-of-way line with a radius equal to
5559.58 feet, a long chord bearing of N. 87° 00' 13" E. and a long
chord distance of 409.59 feet, a curve distance of 409.68 feet to a
Gresham Aluminum Cap found on said curve to the right same being on
said south right-of-way line for the most northerly northeast
corner of this tract.
THENCE S. 00° 17' 53" E. a distance of 1324.32 feet to a
Gresham Aluminum Cap found for an ell corner of this tract.
THENCE S. 89° 43' 42" E. a distance of 660.15 feet to a Gresham
Aluminum Cap found on the west right-of-way line of F.M. Highway
No. 1912 for the most easterly northeast corner of this tract.
THENCE S. 00° 17' 55" W., along said west right-of-way line, a
distance of 2296.12 feet to a Gresham Aluminum Cap found on said
west right-of-way line for an angle corner of this tract.
THENCE S. 00° 30' 16" E., continuing along said west
right-of-way line, a distance of 249.29 feet to a Gresham Aluminum
Cap found on said west right-of-way line for an ell corner of this
tract.
THENCE S. 89° 52' 38" W. a distance of 788.09 feet to a Gresham
Aluminum Cap found for an ell corner of this tract.
THENCE S. 00° 06' 07" W. a distance of 2131.04 feet to a
Gresham Aluminum Cap found for an ell corner of this tract.
THENCE S. 80° 34' 32" E. a distance of 789.43 feet to a Gresham
Aluminum Cap found on said west right-of-way line for an ell corner
of this tract.
THENCE S. 01° 23' 32" W., along said west right-of-way line, a
distance of 222.12 feet to a Gresham Aluminum Cap found at the
intersection of said west right-of-way line and the northerly
right-of-way line of B. S. N. F. Railroad the southeast corner of
this tract.
THENCE N. 80° 33' 44" W., along said northerly right-of-way
line, a distance of 5315.27 feet to a Gresham Aluminum Cap found on
said east right-of-way line of said Spur 228 for the southwest
corner of this tract.
THENCE N. 00° 11' 35" E., along said east right-of-way line, a
distance of 536.60 feet to the place of BEGINNING and containing
621.87 acres of land.
(b) An 11.30 acre± tract of land in Section 37, Block 2, A.B. &
M. Survey, Potter County, Texas and being all of a 6.3 acre and a
5.00 acre tract of land as described in that certain instrument of
conveyance recorded under Clerk's File No. 2020OPR0012200 of the
Official Public Records of Potter County, Texas. Said 11.30 acre±
tract of land having been surveyed on the ground by Furman Land
Surveyors, Inc. on March 28, 2022 and being more particularly
described by metes and bounds as follows:
COMMENCING at a 2 inch iron pipe found as called for at the
Northeast corner of said Section 37, Block 2, A.B. & M. Survey,
Potter County, Texas;
THENCE South 00° 04' 30" West (base line) along the East line
of said Section 37, a distance of 2782.61 feet to a point, from
whence a 2 inch iron pipe found as called for at the Southeast
corner of said Section 37 bears South 00° 04' 30" West, 2495.32 feet;
THENCE North 89° 55' 30" West, 119.69 feet to a 1/2 inch iron
rod found as called for in the West monumented right-of-way line of
Spur 228 (Volume 826, Page 117), same point being the most Easterly
Northeast corner of a 365.69 acre tract of land as described in that
certain instrument of conveyance recorded in Volume 3753, Page 786
of the Official Public Records of Potter County, Texas and also
being the Southeast corner of the herein described tract of land,
from whence a 5/8 inch iron rod with cap stamped "RPLS 5437" found
as called for at the Southeast corner of said 365.69 acre tract of
land bears South 00° 04' 35" West, 3018.41 feet;
THENCE South 85° 34' 44" West, 652.59 feet to a 1/2 inch iron
rod found as called for, same point being an interior jog corner of
said 365.69 acre tract of land and alsot being the Southwest corner
of this tract of land;
THENCE North 00° 03' 09" East, 726.94 feet to a 1/2 inch iron
rod found as called for at the Southwest corner of a 4.92 acre tract
of land as described in that certain instrument of conveyance
recorded under Clerk's File No. 1302993 of the Official Public
Records of Potter County, Texas, same point being the Northwest
corner of this tract of land;
THENCE North 80° 28' 11" East, 660.12 feet to a 1/2 inch iron
rod found in the West monumented right-of-way line of said Spur 228
at the Southeast corner of said 4.92 acre tract of land, same point
being the Northeast corner of this tract of land;
THENCE South 00° 04' 30" West, 785.93 feet to the PLACE OF
BEGINNING and containing a computed area of 11.30 acres of land,
more or less.
(c) A 365.72 acre tract of land out of Sections 36 and 37,
Block 2, A. B. & M. Survey, Potter County,
BEGINNING at an RPLS 5437 Cap found at the intersection of the
west right-of-way line of Spur 228 and the northerly right-of-way
line of B. N. S. F. Railroad which bears S. 00° 11' 36" W. a distance
of 517.52 feet and / N. 89° 48' 07" W. a distance of 119.94 feet from
a Gresham Aluminum Cap found at the southeast corner of said Section
37 for the southeast corner of this tract.
THENCE N. 80° 33 36" W., along said northerly right-of-way at
3247.33 feet pass an RPLS 5437 Cap found, a total distance of
5272.06 feet to an RPLS 5437 Cap found at the intersection said
northerly right-of-way line and said east right-of-way line of
Parsley Road for the southwest corner of this tract.
THENCE N. 89° 54' 23" E. a distance of 329.88 feet to a Miller
Cap found for an ell corner of this tract.
THENCE N. 00° 14' 24" E., along said east right-of-way line, a
distance of 734.90 feet to an RPLS 5437 Cap found at the
intersection of said east right-of-way line and the southerly
right-of-way line of Interstate Highway No. 40 for the northwest
corner of this tract.
THENCE N. 44° 26' 23" E., along said southerly right-of-way
line, a distance of 2938.45 feet to a TxDot Brass Cap Monument found
on said southerly right-of-way line same being at the beginning of a
curve to the right for a corner of this tract.
THENCE in a northeasterly direction along said curve to the
right and said northerly right-of-way line with a radius equal to
2714.79 feet, a long chord bearing of N. 62° 26 41" E. and a long
chord distance of 1677.93 feet, a curve distance of 1705.86 feet to
a TxDot Brass Cap Monument found at the end of said curve to the
right same being on said northerly right-of-way line for a corner of
this tract.
THENCE N. 80° 27' 32" E., continuing along said northerly
right-of-way line, a distance of 674.08 feet to a TxDot Brass Cap
Monument found for an angle corner of this tract.
THENCE S. 88° 11' 57" E., along said northerly right-of-way
line, a distance of 101.95 feet to a TxDot Brass Cap Monument found
for an angle corner of this tract.
THENCE N. 80° 24' 46" E., along said northerly right-of-way
line, a distance of 174.69 feet to a Keys Cap found for the most
northerly northeast corner of this tract.
THENCE S. 00° 14' 15" W. a distance of 599.85 feet to a Keys
Cap found for an ell corner of this tract.
THENCE N. 79° 14' 13" E. a distance of 80.47 feet to a Furman
Cap found for an ell corner of this tract.
THENCE S. 00° 10' 13" W. a distance of 1056.85 feet to an RPLS
5437 Cap found for an ell corner of this tract.
THENCE N. 85° 41' 53" E. a distance of 652.72 feet to a 1/2"
iron rod found on the west right-of-way line of Spur 228 for the
most easterly northeast corner of this tract.
THENCE S. 00° 12 04" W., along said west right-of-way line, a
distance of 3018.76 feet to the place of BEGINNING and containing
365.72 acres of land.
(d) A 22.51+/- acre tract of land being a portion of the
39.51+/- acre remainder of those certain tracts of land out of
Sections 30 and 31, Block 2, A.B. & M. Survey, Potter County, Texas,
being described in Volume 968, Page 575 of the Deed Records of
Potter County, Texas, said 22.51+/- acre tract of land having been
surveyed on the ground on May 6, 2022 by Furman Land Surveyors, Inc.
and being described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod with aluminum cap stamped "Gresham &
Associates, Inc. PLS 1939" found, as called for, in the West
Right-of-Way line of F.M. Highway 1912 for a corner of that certain
418.350 acre tract of land being described in that certain
instrument recorded in Volume 3564, Page 462 of the Official Public
Records of Potter County, Texas, same being the Southeast corner of
this tract of land;
THENCE N. 80° 39' 02" W. 789.36 feet along the South line of said
39.51+/- acre remainder tract to a 1/2 inch iron rod with aluminum
cap stamped "Gresham & Associates, Inc. PLS 1939" found as called
for the Southwest corner of said 39.51+/- acre remainder tract,
same being the Southwest corner of this tract of land;
THENCE N. 00° 01' 05" E. 1055.30 feet along the West line of said
39.51+/- acre remainder tract to a 1/2 inch iron rod with cap
stamped "FURMAN PRLS" set for the Southwest corner of that certain
17.00+/- acre tract of land surveyed simultaneously, same being the
Northwest corner of this tract of land, from whence a 1/2 inch iron
rod with aluminum cap stamped "Gresham & Associates, Inc. PLS 1939"
found as called for the Northwest corner of said 39.51+/- acre
remainder tract bears N. 00° 01' 05" E. 1075.86 feet;
THENCE S. 89° 43' 55" E. 527.49 feet to a 1/2 inch iron rod with cap
stamped "FURMAN RPLS" set for an interior corner of this tract of
land;
THENCE N. 00° 54' 59" W. 418.00 feet to a 1/2 inch iron rod with cap
stamped "FURMAN RPLS" set for a jog corner of this tract of land;
THENCE S. 86° 48' 36" E. 265.00 feet to a 1/2 inch iron rod with cap
stamped "FURMAN RPLS" set in the West Right-of-Way line of said F.M.
Highway 1912 for the Southeast corner of said 17.00+/- acre tract of
land surveyed simultaneously, same being the Northeast corner of
this tract of land, from whence a 1/2 inch iron rod with aluminum
cap stamped "Gresham & Associates, Inc. PLS 1939" found as called a
corner of said 39.51+/- acre remainder tract bears N. 00° 14' 51" E.
(Base line) 677.00 feet;
THENCE S. 00° 14' 51" W. 1584.28 feet along the West Right-of-Way
line of said F.M. Highway 1912 to the PLACE OF BEGINNING and
containing 22.51 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,
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. 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. 5355 was passed by the House on May 2,
2023, by the following vote: Yeas 110, Nays 35, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5355 was passed by the Senate on May
16, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not
voting.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor