88R11841 MCF-F
	By: Stucky	H.B. No. 5376

	A BILL TO BE ENTITLED
	relating to the creation of the Tabor Ranch Municipal Management
	District; providing authority to issue bonds; providing authority
	to impose assessments, fees, and taxes; granting a limited power of
	eminent domain.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle C, Title 4, Special District Local Laws
	Code, is amended by adding Chapter 4000 to read as follows:
	CHAPTER 4000. TABOR RANCH MUNICIPAL MANAGEMENT DISTRICT
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 4000.0101.  DEFINITIONS.  In this chapter:
	(1)  "Board" means the district's board of directors.
	(2)  "City" means the City of Denton.
	(3)  "Director" means a board member.
	(4)  "District" means the Tabor Ranch Municipal
	Management District.
	Sec. 4000.0102.  NATURE OF DISTRICT. The Tabor Ranch
	Municipal Management District is a special district created under
	Section 59, Article XVI, Texas Constitution.
	Sec. 4000.0103.  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. 4000.0104.  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. 4000.0105.  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
	(4)  legality or operation.
	Sec. 4000.0106.  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. 4000.0107.  APPLICABILITY OF MUNICIPAL MANAGEMENT
	DISTRICTS LAW. Except as otherwise provided by this chapter,
	Chapter 375, Local Government Code, applies to the district.
	Sec. 4000.0108.  PRECONDITION.  (a)  The district may not
	exercise any powers granted to the district by this chapter or other
	law unless a development agreement between the city and the primary
	landowner in the district that establishes the standards that apply
	to development in the district, in addition to those contained in
	zoning, subdivision, and other applicable ordinances of the city,
	has been executed.
	(b)  If a development agreement described by Subsection (a)
	has not been executed before September 1, 2025, the board shall
	dissolve the district in the manner provided by Subchapter I as soon
	as possible after September 1, 2025.
	Sec. 4000.0109.  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. 4000.0201.  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. 4000.0202.  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. 4000.0203.  INITIAL DIRECTORS. (a) The initial board
	consists of the following directors:
	Pos. No. Name of Director
	1 James Johnston
	2 Felix Wong
	3 Damian Perez
	4 Buck Nguyen
	5 Anna Stewart
	(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. 4000.0301.  GENERAL POWERS AND DUTIES. The district
	has the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 4000.0302.  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 under 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. 4000.0303.  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. 4000.0304.  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. 4000.0305.  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. 4000.0306.  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. 4000.0307.  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. 4000.0308.  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. 4000.0309.  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. 4000.0310.   DIVISION OF DISTRICT. (a) The district may
	be divided into two or more new districts only if the district:
	(1)  has no outstanding bonded debt; and
	(2)  is not imposing ad valorem taxes.
	(b)  This chapter applies to any new district created by the
	division of the district, and a new district has all the powers and
	duties of the district.
	(c)  Any new district created by the division of the district
	may not, at the time the new district is created, contain any land
	outside the area described by Section 2 of the Act enacting this
	chapter.
	(d)  The board, on its own motion or on receipt of a petition
	signed by the owner or owners of a majority of the assessed value of
	the real property in the district, may adopt an order dividing the
	district.
	(e)  An order dividing the district must:
	(1)  name each new district;
	(2)  include the metes and bounds description of the
	territory of each new district;
	(3)  appoint initial directors for each new district;
	and
	(4)  provide for the division of assets and liabilities
	between or among the new districts.
	(f)  On or before the 30th day after the date of adoption of
	an order dividing the district, the district shall file the order
	with the Texas Commission on Environmental Quality and record the
	order in the real property records of each county in which the
	district is located.
	(g)  Any new district created by the division of the district
	must hold an election as required by this chapter to obtain voter
	approval before the district may impose a maintenance tax or issue
	bonds payable wholly or partly from ad valorem taxes.
	(h)  Municipal consent to the creation of the district and to
	the inclusion of land in the district granted under Section
	4000.0506 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.
	Sec. 4000.0311.  CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
	Section 375.161, Local Government Code, does not apply to the
	district.
	Sec. 4000.0312.  EMINENT DOMAIN. The district may exercise
	the power of eminent domain in the manner provided by Section
	49.222, Water Code.
	SUBCHAPTER D. ASSESSMENTS
	Sec. 4000.0401.  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. 4000.0402.  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. 4000.0501.  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. 4000.0502.  OPERATION AND MAINTENANCE TAX. (a) If
	authorized by a majority of the district voters voting at an
	election under Section 4000.0501, 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. 4000.0503.  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, by public or private sale,
	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 improvement financed by the
	obligation issued under this section will be conveyed to or
	operated and maintained by a municipality or other retail utility
	provider pursuant to an agreement with the district entered into
	before the issuance of the obligation.
	Sec. 4000.0504.  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. 4000.0505.  BONDS SECURED BY AD VALOREM TAXES;
	ELECTIONS. (a) If authorized at an election under Section
	4000.0501, 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. 4000.0506.  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. 4000.0901.  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 Tabor Ranch Municipal Management District
	initially includes all territory contained in the following area:
	BEING, 599.392 ACRES OF LAND LOCATED IN THE S. WINFREY SURVEY,
	ABSTRACT NUMBER 1319, DENTON COUNTY, TEXAS, BEING ALL OF THE TABOR
	RANCH, LLC. CALLED 105.888 ACRE TRACT, ALL OF THE TABOR RANCH, LLC.
	CALLED 21 ACRE TRACT, ALL OF THE TABOR RANCH, LLC. CALLED 52.437
	ACRE TRACT, ALL OF THE TABOR RANCH, LLC. CALLED 177-1/2 ACRE TRACT
	AND ALL OF THE TABOR RANCH, LLC. CALLED 173.93 ACRE TRACT AS
	DESCRIBED IN DOCUMENT NUMBER 2010-12029 DEED RECORDS DENTON COUNTY,
	TEXAS (D.R.D.C.T.), AND BEING A PART OF THE CALLED 70.892 ACRE
	TRACT, DESCRIBED IN A DEED TO BEALL LEGACY PARTNERS, LP, RECORDED IN
	INSTRUMENT NUMBER 148598, (D.R.D.C.T.) AND BEING MORE PARTICULARLY
	DESCRIBED AS FOLLOWS BY METES AND BOUNDS:
	BEGINNING AT A 1/2" IRON ROD FOUND IN THE APPROXIMATE INTERSECTION
	OF THE CENTERLINE OF GEORGE OWENS (NO RECORD FOUND BY SURVEYOR) AND
	THE SOUTH LINE OF OLD STONEY ROAD (NO RECORD FOUND BY SURVEYOR), IN
	THE NORTH LINE OF THE BRYAN ANDERSON CALLED 125 ACRE TRACT RECORDED
	IN VOLUME 358, PAGE 88 (D.R.D.C.T.) AND AT THE SOUTHEAST CORNER OF
	SAID 52.437 ACRE TRACT);
	THENCE SOUTH 89 DEGREES 53 MINUTES 21 SECONDS WEST, AT A DISTANCE OF
	1710.80 FEET PASS A 1/2" IRON ROD FOUND IN THE SOUTH LINE OF SAID OLD
	STONEY ROAD, AT THE NORTHWEST CORNER OF SAID 125 ACRE TRACT AND
	BEING THE COMMON NORTHEAST CORNER OF THE FRED E. KENNEDY AND MARSHA
	A. KENNEDY, CALLED 5.322 ACRE TRACT RECORDED IN INSTRUMENT NUMBER
	1993-42458 (D.R.D.C.T.) CONTINUING ALONG THE SOUTH LINE OF OLD
	STONEY ROAD AND THE NORTH LINE OF SAID 5.322 A TOTAL DISTANCE OF
	1792.00 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET AT
	THE SOUTHWEST CORNER OF SAID 52.437 ACRE TRACT SAME BEING THE COMMON
	SOUTHEAST CORNER OF SAID 177-1/2 ACRE TRACT;
	THENCE SOUTH 89 DEGREES 48 MINUTES 14 SECONDS WEST CONTINUING ALONG
	THE SOUTH LINE OF SAID OLD STONEY ROAD, THE NORTH LINE OF SAID 5.322
	ACRE TRACT, THE NORTH LINE OF THE MORADI ADDITION, AN ADDITION
	RECORDED IN CABINET D, PAGE 69 PLAT RECORDS DENTON COUNTY, TEXAS,
	THE NORTH LINE OF THE ANDREA BENNINGTON CALLED 5.286 ACRE TRACT
	RECORDED IN VOLUME 5166, PAGE 3845 (D.R.D.C.T.), AND THE NORTH LINE
	OF THE CAROL THOMAS CALLED 100 ACRE TRACT RECORDED IN DOCUMENT
	NUMBER 95-0027698 (D.R.D.C.T.), A DISTANCE OF 1780.41 FEET TO A
	1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET AT THE SOUTHWEST
	CORNER OF SAID 177-1/2 ACRE TRACT FROM WHICH AN AXLE FOUND IN THE
	SOUTH LINE OF SAID OLD STONEY ROAD, AT THE NORTHWEST CORNER OF SAID
	100 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF THE PAUL S. NULL
	AND JULIE K. NULL CALLED 4.005 ACRE TRACT RECORDED IN VOLUME 4186,
	PAGE 315, (D.R.D.C.T.) BEARS SOUTH 89 DEGREES 48 MINUTES 14 SECONDS
	WEST, A DISTANCE OF 1018.37 FEET;
	THENCE NORTH 00 DEGREES 11 MINUTES 46 SECONDS WEST, ALONG THE WEST
	LINE OF SAID 177-1/2 ACRE TRACT A DISTANCE OF 50.33 FEET TO A 3/8
	IRON ROD FOUND (SLICK) IN THE NORTH LINE OF SAID OLD STONEY ROAD AND
	AT THE SOUTHEAST CORNER OF SAID 173.93 ACRE TRACT;
	THENCE SOUTH 89 DEGREES 55 MINUTES 21 SECONDS WEST ALONG THE SAID
	NORTH LINE OF OLD STONEY ROAD A DISTANCE OF 1819.38 FEET TO A PIPE
	FENCE CORNER (WITH FLAGGING) FOUND AT THE SOUTHWEST CORNER OF SAID
	173.93 ACRE TRACT, SAME BEING THE COMMON SOUTHEAST CORNER OF THE J.
	YOUNG LAND & CATTLE, LTD CALLED 153.86 ACRE TRACT RECORDED IN
	INSTRUMENT NUMBER 2003-203076 (D.R.D.C.T.);
	THENCE NORTH 00 DEGREES 02 MINUTES 53 SECONDS EAST, A DISTANCE OF
	4165.36 FEET TO A 60D NAIL (FLAGGED) FOUND IN THE SOUTH LINE OF THE
	DANIEL ROBERSON BYPASS TRUST SCHOOLFIELD CALLED 174.14 AC TRACT
	RECORDED IN VOLUME 297, PG. 412 AT THE NORTHWEST CORNER OF SAID
	173.93 ACRE TRACT SAME BEING THE COMMON NORTHEAST CORNER OF SAID
	153.86 ACRE TRACT;
	THENCE NORTH 89 DEGREES 45 MINUTES 22 SECONDS EAST, A DISTANCE OF
	1818.76 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET IN
	THE WEST LINE OF SAID 177-1/2 ACRE TRACT AT THE NORTHEAST CORNER OF
	SAID 173.93 ACRE TRACT SAME BEING THE COMMON SOUTHEAST CORNER OF
	SAID 174.14 ACRE TRACT;
	THENCE NORTH 00 DEGREES 12 MINUTES 29 SECONDS EAST, A DISTANCE OF
	153.04 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET IN
	THE EAST LINE OF SAID 174.14 ACRE TRACT AT THE NORTHWEST CORNER OF
	SAID 177-1/2 ACRE TRACT, AND BEING THE COMMON SOUTHWEST CORNER OF
	THE RK & RK INVESTMENTS, INC. CALLED 79 ACRE TRACT RECORDED IN
	INSTRUMENT NUMBER 2018-99798 (D.R.D.C.T.);
	THENCE SOUTH 89 DEGREES 47 MINUTES 31 SECONDS EAST, A DISTANCE OF
	1793.00 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTHEAST CORNER OF
	SAID 79 ACRE TRACT, SAME BEING THE COMMON NORTHEAST CORNER OF SAID
	177-1/2 ACRE TRACT, THE COMMON NORTHWEST CORNER OF SAID 105.888
	ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF SAID 70.892 ACRE
	TRACT;
	THENCE NORTH 00 DEGREES 11 MINUTES 14 SECONDS EAST ALONG THE WEST
	LINE OF SAID 70.892 ACRE TRACT AND THE COMMON EAST LINE OF SAID 79
	ACRE TRACT, A DISTANCE OF 1670.02 FEET TO A A 1/2" IRON ROD WITH CAP
	STAMPED "ONEAL 6570" SET AT THE SOUTHWEST CORNER OF A CALLED 4.4425
	ACRE TRACT DESCRIBED IN A DEED TO THE STATE OF TEXAS, RECORDED IN
	INSTRUMENT NUMBER 2008-33229, (D.R.D.C.T.), AND BEING THE SOUTH
	RIGHT-OF-WAY LINE OF US HIGHWAY 380;
	THENCE SOUTH 87 DEGREES 16 MINUTES 24 SECONDS EAST, ALONG THE SOUTH
	RIGHT-OF-WAY LINE, A DISTANCE OF 1798.32 FEET TO A PK NAIL SET AT
	THE SOUTHEAST CORNER OF SAID 4.4425 ACRE TRACT AND BEING IN THE EAST
	LINE OF SAID 70.892 ACRE TRACT, AND BEING WITHIN GEORGE OWENS ROAD.
	THENCE SOUTH 00 DEGREES 58 MINUTES 08 SECONDS WEST, ALONG THE EAST
	LINE OF SAID 70.892 ACRE TRACT, A DISTANCE OF 1592.60 FEET TO 1/2"
	IRON ROD WITH YELLOW CAP STAMPED "METROPLEX 1849" FOUND AT THE
	SOUTHEAST CORNER OF SAID 70.892 ACRE TRACT, AND BEING INN THE NORTH
	LINE OF SAID 105.888 ACRE TRACT;
	THENCE SOUTH 89 DEGREES 44 MINUTES 46 SECONDS EAST, ALONG THE NORTH
	LINE OF SAID 105.888 ACRE TRACT, A DISTANCE OF 19.16 FEET TO A 1/2"
	IRON ROD WITH CAP STAMPED "ONEAL 6570" SET IN THE APPROXIMATE
	CENTERLINE OF SAID GEORGE OWENS ROAD, SAME BEING THE WEST LINE OF
	THE FONDER PROPERTIES, LLC CALLED 104.290 ACRE TRACT RECORDED IN
	INSTRUMENT NUMBER 12243 (D.R.D.C.T.) AND BEING AT THE NORTHEAST
	CORNER OF SAID 105.888 ACRE TRACT;
	THENCE SOUTH 00 DEGREES 14 MINUTES 19 SECONDS WEST ALONG THE EAST
	LINE OF SAID 105.888 ACRE TRACT SAME BEING THE COMMON WEST LINE OF
	SAID 104.290 ACRE TRACT AND THE COMMON WEST LINE OF THE JOE B.
	TINDLE AND WIFE ORLAN TINDLE CALLED 272.67 ACRE TRACT RECORDED IN
	VOLUME 616, PAGE 338, (D.R.D.C.T.), A DISTANCE OF 3075.71 FEET TO A
	1/2" IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID 105.888 ACRE
	TRACT SAME BEING THE COMMON NORTHEAST CORNER OF THE SAID 52.437 ACRE
	TRACT;
	THENCE SOUTH 00 DEGREES 13 MINUTES 28 SECONDS WEST, CONTINUING
	ALONG THE EAST LINE OF SAID 52.437 ACRE TRACT AND THE COMMON WEST
	LINE OF SAID 272.67 ACRE TRACT, A DISTANCE OF 1274.32 FEET TO THE
	POINT OF BEGINNING AND CONTAINING 599.392 ACRES OF LAND, MORE OF
	LESS BEARINGS RECITED HEREIN ARE BASED UPON THE TEXAS COORDINATE
	SYSTEM OF 1983 (2011), NORTH CENTRAL ZONE (4202).
	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 4000.0312, 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 4000, Special
	District Local Laws Code, as added by Section 1 of this Act, is
	amended by adding Section 4000.0312 to read as follows:
	Sec. 4000.0312.  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.