Bill Text: TX HB5361 | 2023-2024 | 88th Legislature | Comm Sub

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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2023-05-24 - Placed on intent calendar [HB5361 Detail]

Download: Texas-2023-HB5361-Comm_Sub.html

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By: Stucky (Senate Sponsor - Springer) H.B. No. 5361
(In the Senate - Received from the House May 15, 2023;
May 15, 2023, read first time and referred to Committee on Local
Government; May 22, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 22, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 5361 By: Nichols

COMMITTEE VOTE
YeaNayAbsentPNV
BettencourtX
SpringerX
EckhardtX
GutierrezX
HallX
NicholsX
ParkerX
PaxtonX
WestX
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Denton County Municipal Management
District No. 2; 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 4001 to read as follows:
CHAPTER 4001. DENTON COUNTY MUNICIPAL MANAGEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 4001.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "County" means Denton County, Texas.
(3) "Director" means a board member.
(4) "District" means the Denton County Municipal
Management District No. 2.
Sec. 4001.0102. NATURE OF DISTRICT. The Denton County
Municipal Management District No. 2 is a special district created
under Section 59, Article XVI, Texas Constitution.
Sec. 4001.0103. 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 county
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 county 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 county services provided in the
district.
Sec. 4001.0104. 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, 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. 4001.0105. 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. 4001.0106. 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. 4001.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 4001.0108. 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. 4001.0201. 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. 4001.0202. 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. 4001.0203. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the Texas Commission on
Environmental Quality 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) The temporary or successor temporary directors shall
hold an election to elect five permanent directors as provided by
Section 49.102, Water Code.
(c) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Subsection (b); or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(d) If permanent directors have not been elected under
Subsection (b) and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (e) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Subsection (b); or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(e) If Subsection (d) 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. 4001.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 4001.0302. 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. 4001.0303. 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. 4001.0304. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county, to provide law enforcement services in the
district for a fee.
Sec. 4001.0305. 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. 4001.0306. 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. 4001.0307. 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. 4001.0308. 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. 4001.0309. 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. 4001.0310. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
Section 375.161, Local Government Code, does not apply to the
district.
Sec. 4001.0311. EMINENT DOMAIN. The district may exercise
the power of eminent domain in the manner provided by Section
49.222, Water Code.
Sec. 4001.0312. 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 temporary 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
4001.0506 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. 4001.0401. 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. 4001.0402. 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. 4001.0501. 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. 4001.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 4001.0501, 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. 4001.0503. 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.
(c) The district may issue bonds, notes, or other
obligations payable wholly or partly from 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 county or other retail utility provider pursuant to
an agreement with the district entered into before the issuance of
the obligation.
Sec. 4001.0504. 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. 4001.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
4001.0501, 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. 4001.0506. 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 as
required by applicable law.
(b) This section applies only to the district's first
issuance of bonds payable from ad valorem taxes.
SUBCHAPTER I. DISSOLUTION
Sec. 4001.0901. DISSOLUTION. (a) The board shall dissolve
the district on written petition filed with the board by the owners
of:
(1) at least two-thirds of the assessed value of the
property subject to assessment by the district based on the most
recent certified county property tax rolls; or
(2) at least two-thirds 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 board by majority vote may dissolve the district at
any time.
(c) The district may not be dissolved by its board under
Subsection (a) or (b) if the district:
(1) has any outstanding bonded indebtedness until that
bonded indebtedness has been repaid or defeased in accordance with
the order or resolution authorizing the issuance of the bonds;
(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 contracts with
another person for the ownership, operation, or maintenance of the
public works, facilities, or improvements.
(d) Sections 375.261, 375.262, and 375.264, Local
Government Code, do not apply to the district.
SECTION 2. The Denton County Municipal Management District
No. 2 initially includes all territory contained in the following
area:
TRACT I:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE B. WAY SURVEY, ABSTRACT NUMBER 1350, W. JOHNSON
SURVEY, ABSTRACT NUMBER 680, J. STEWART, ABSTRACT NUMBER 1199,
DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT DESCRIBED IN A DEED
TO CLEAR CREEK RIDGE, LLC, RECORDED IN VOLUME 5127, PAGE 1955, AND
VOLUME 5127, PAGE 1951, REAL PROPERTY RECORDS OF DENTON COUNTY,
TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON PIN FOUND AT THE SOUTHERN MOST
SOUTHEAST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
PAGE 1955 AND BEING ON THE WEST LINE OF A DEED TO F. JEFFERY CHARNEY,
RECORDED IN VOLUME 3035, PAGE 534, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS, AND BEING ON THE NORTHERN MOST NORTHEAST CORNER OF A
TRACT DESCRIBED IN A DEED TO ROYAL WHITE JONES, RECORDED IN VOLUME
1231, PAGE 701, DEED RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 71 DEGREES 47 MINUTES 53 SECONDS WEST WITH THE
SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
1955, A DISTANCE OF 5542.39 FEET TO A 1/2 INCH IRON PIN SET AT THE
SOUTHERN MOST SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN
VOLUME 5127, PAGE 1955, AN INNER ELL CORNER OF A TRACT DESCRIBED IN
A DEED TO CASEY MARK HARRINGTON, RECORDED IN VOLUME 2031, PAGE 348,
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH WITH A WEST LINE OF SAID CLEAR CREEK RIDGE TRACT
IN VOLUME 5127, PAGE 1955, A DISTANCE OF 240.00 FEET TO A 1/2 INCH
IRON PIN SET AT A SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT
IN VOLUME 5127, PAGE 1955;
THENCE SOUTH 89 DEGREES 24 MINUTES 00 SECONDS EAST, A
DISTANCE OF 154.60 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER AT AN
INNER ELL CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
PAGE 1955 AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO
MARY TOM CRAVENS CURNUTT, RECORDED IN VOLUME 2505, PAGE 298, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 15 DEGREES 54 MINUTES 04 SECONDS EAST WITH THE
WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
A DISTANCE OF 2222.30 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER;
THENCE SOUTH 82 DEGREES 47 MINUTES 03 SECONDS EAST WITH A
SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
1955, A DISTANCE OF 667.90 FEET TO A 1/2 INCH IRON PIN FOUND FOR
CORNER;
THENCE NORTH 56 DEGREES 22 MINUTES 21 SECONDS EAST WITH A
SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
1955, A DISTANCE OF 642.42 FEET TO A 1/2 INCH IRON PIN FOUND FOR
CORNER;
THENCE NORTH 50 DEGREES 04 MINUTES 04 SECONDS EAST WITH A
SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
1955, A DISTANCE OF 311.43 FEET TO A 1/2 INCH IRON PIN FOUND FOR
CORNER;
THENCE NORTH 36 DEGREES 03 MINUTES 57 SECONDS EAST WITH THE
WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
A DISTANCE OF 1119.19 FEET TO A 1/2 INCH IRON PIN FOUND FOR CORNER;
THENCE NORTH 26 DEGREES 07 MINUTES 18 SECONDS WEST WITH THE
WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
A DISTANCE OF 1390.50 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER;
THENCE NORTH 00 DEGREES 14 MINUTES 50 SECONDS EAST WITH THE
WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
A DISTANCE OF 913.00 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER ON
THE NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
1955, AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME
5127, PAGE 1951;
THENCE NORTH 89 DEGREES 52 MINUTES 14 SECONDS WEST WITH A
NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955
AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
PAGE 1951, A DISTANCE OF 771.47 FEET TO A 1/2 INCH IRON PIN SET FOR
CORNER BEING ON A WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN
VOLUME 5127, PAGE 1951 AND AN EAST LINE OF A TRACT DESCRIBED IN A
DEED TO RAY HENGER, RECORDED IN VOLUME 4612, PAGE 567, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 00 DEGREES 46 MINUTES 29 SECONDS WEST WITH A WEST
LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1951 AND
AN EAST LINE OF SAID HENGER TRACT, A DISTANCE OF 1151.02 FEET TO A
1/2 INCH IRON PIN SET FOR CORNER;
THENCE WITH CLEAR CREEK THE FOLLOWING FIFTY-FOUR (54) CALLS:
1.) NORTH 55 DEGREES 38 MINUTES 38 SECONDS EAST, A DISTANCE
OF 110.80 FEET;
2.) NORTH 51 DEGREES 23 MINUTES 04 SECONDS EAST, A DISTANCE
OF 278.21 FEET;
3.) SOUTH 70 DEGREES 46 MINUTES 01 SECONDS EAST, A DISTANCE
OF 415.87 FEET;
4.) SOUTH 40 DEGREES 58 MINUTES 38 SECONDS EAST, A DISTANCE
OF 604.83 FEET;
5.) SOUTH 51 DEGREES 09 MINUTES 01 SECONDS EAST, A DISTANCE
OF 410.80 FEET;
6.) SOUTH 37 DEGREES 53 MINUTES 33 SECONDS EAST, A DISTANCE
OF 82.37 FEET;
7.) SOUTH 18 DEGREES 46 MINUTES 16 SECONDS EAST, A DISTANCE
OF 75.16 FEET;
8.) SOUTH 05 DEGREES 46 MINUTES 16 SECONDS WEST, A DISTANCE
OF 49.39 FEET;
9.) SOUTH 22 DEGREES 04 MINUTES 06 SECONDS WEST, A DISTANCE
OF 308.38 FEET;
10.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE
OF 76.63 FEET;
11.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE
OF 547.10 FEET;
12.) SOUTH 46 DEGREES 12 MINUTES 54 SECONDS EAST, A DISTANCE
OF 174.23 FEET;
13.) NORTH 86 DEGREES 27 MINUTES 32 SECONDS EAST, A DISTANCE
OF 417.50 FEET;
14.) NORTH 53 DEGREES 53 MINUTES 06 SECONDS EAST, A DISTANCE
OF 225.22 FEET;
15.) SOUTH 70 DEGREES 20 MINUTES 06 SECONDS EAST, A DISTANCE
OF 93.57 FEET;
16.) SOUTH 54 DEGREES 37 MINUTES 57 SECONDS EAST, A DISTANCE
OF 330.11 FEET;
17.) NORTH 64 DEGREES 44 MINUTES 37 SECONDS EAST, A DISTANCE
OF 674.49 FEET;
18.) NORTH 84 DEGREES 14 MINUTES 43 SECONDS EAST, A DISTANCE
OF 100.20 FEET;
19.) SOUTH 56 DEGREES 23 MINUTES 54 SECONDS EAST, A DISTANCE
OF 116.40 FEET;
20.) SOUTH 06 DEGREES 22 MINUTES 27 SECONDS WEST, A DISTANCE
OF 228.98 FEET;
21.) SOUTH 52 DEGREES 30 MINUTES 28 SECONDS WEST, A DISTANCE
OF 271.35 FEET;
22.) SOUTH 87 DEGREES 06 MINUTES 16 SECONDS WEST, A DISTANCE
OF 326.84 FEET;
23.) SOUTH 63 DEGREES 22 MINUTES 32 SECONDS WEST, A DISTANCE
OF 93.18 FEET;
24.) SOUTH 19 DEGREES 39 MINUTES 44 SECONDS WEST, A DISTANCE
OF 274.65 FEET;
25.) SOUTH 06 DEGREES 09 MINUTES 26 SECONDS EAST, A DISTANCE
OF 129.80 FEET;
26.) SOUTH 59 DEGREES 41 MINUTES 10 SECONDS EAST, A DISTANCE
OF 155.04 FEET;
27.) NORTH 61 DEGREES 09 MINUTES 15 SECONDS EAST, A DISTANCE
OF 459.27 FEET;
28.) SOUTH 85 DEGREES 11 MINUTES 12 SECONDS EAST, A DISTANCE
OF 101.67 FEET;
29.) SOUTH 50 DEGREES 11 MINUTES 20 SECONDS EAST, A DISTANCE
OF 160.52 FEET;
30.) SOUTH 19 DEGREES 38 MINUTES 33 SECONDS EAST, A DISTANCE
OF 218.07 FEET;
31.) SOUTH 08 DEGREES 39 MINUTES 06 SECONDS WEST, A DISTANCE
OF 110.67 FEET;
32.) SOUTH 60 DEGREES 37 MINUTES 40 SECONDS WEST, A DISTANCE
OF 111.17 FEET;
33.) NORTH 71 DEGREES 44 MINUTES 44 SECONDS WEST, A DISTANCE
OF 205.32 FEET;
34.) NORTH 58 DEGREES 00 MINUTES 21 SECONDS WEST, A DISTANCE
OF 175.42 FEET;
35.) SOUTH 60 DEGREES 53 MINUTES 09 SECONDS WEST, A DISTANCE
OF 81.38 FEET;
36.) SOUTH 19 DEGREES 12 MINUTES 39 SECONDS EAST, A DISTANCE
OF 180.46 FEET;
37.) SOUTH 31 DEGREES 27 MINUTES 36 SECONDS EAST, A DISTANCE
OF 348.51 FEET;
38.) SOUTH 08 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE
OF 80.11 FEET;
39.) SOUTH 44 DEGREES 00 MINUTES 08 SECONDS WEST, A DISTANCE
OF 157.91 FEET;
40.) SOUTH 69 DEGREES 06 MINUTES 14 SECONDS WEST, A DISTANCE
OF 188.37 FEET;
41.) SOUTH 03 DEGREES 39 MINUTES 31 SECONDS WEST, A DISTANCE
OF 190.40 FEET;
42.) SOUTH 62 DEGREES 37 MINUTES 49 SECONDS EAST, A DISTANCE
OF 165.30 FEET;
43.) NORTH 43 DEGREES 07 MINUTES 44 SECONDS EAST, A DISTANCE
OF 253.82 FEET;
44.) NORTH 58 DEGREES 54 MINUTES 00 SECONDS EAST, A DISTANCE
OF 135.83 FEET;
45.) SOUTH 34 DEGREES 09 MINUTES 46 SECONDS EAST, A DISTANCE
OF 149.30 FEET;
46.) SOUTH 21 DEGREES 47 MINUTES 10 SECONDS WEST, A DISTANCE
OF 518.33 FEET;
47.) SOUTH 20 DEGREES 01 MINUTES 56 SECONDS EAST, A DISTANCE
OF 329.19 FEET;
48.) SOUTH 66 DEGREES 36 MINUTES 28 SECONDS EAST, A DISTANCE
OF 195.08 FEET;
49.) SOUTH 87 DEGREES 31 MINUTES 31 SECONDS EAST, A DISTANCE
OF 403.76 FEET;
50.) SOUTH 68 DEGREES 26 MINUTES 25 SECONDS EAST, A DISTANCE
OF 144.04 FEET;
51.) SOUTH 03 DEGREES 41 MINUTES 33 SECONDS WEST, A DISTANCE
OF 91.78 FEET;
52.) SOUTH 23 DEGREES 36 MINUTES 59 SECONDS WEST, A DISTANCE
OF 322.95 FEET;
53.) SOUTH 39 DEGREES 05 MINUTES 30 SECONDS EAST, A DISTANCE
OF 167.15 FEET;
54.) SOUTH 54 DEGREES 29 MINUTES 12 SECONDS EAST, A DISTANCE
OF 152.28 FEET TO A 1/2 INCH IRON PIN FOUND ON AN EAST LINE OF SAID
CLEAR CREEK RIDGE TRACT;
THENCE SOUTH 00 DEGREES 52 MINUTES 17 SECONDS EAST WITH AN
EAST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
A DISTANCE OF 3736.55 FEET TO THE POINT OF BEGINNING AND CONTAINING
IN ALL 535.703 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,
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 4001.0311, 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 4001, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 4001.0311 to read as follows:
Sec. 4001.0311. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
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.
* * * * *