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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Sangani Ranch Municipal Utility |
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District No. 3 of Grayson County; providing authority to impose a |
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tax and issue bonds; granting the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8260 to read as follows: |
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CHAPTER 8260. SANGANI RANCH MUNICIPAL UTILITY DISTRICT NO. 3 OF |
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GRAYSON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8260.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Sangani Ranch Municipal |
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Utility District No. 3 of Grayson County. |
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Sec. 8260.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Grayson County created under and |
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essential to accomplish the purposes of Section 52, Article III, |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 8260.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 8260.023 before September 1, 2009: |
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(1) the district is dissolved September 1, 2009, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Grayson County any assets that |
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remain after the payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2012. |
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Sec. 8260.004. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to impose taxes; |
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(3) the validity of the district's bonds, notes, or |
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indebtedness; or |
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(4) the legality or operation of the district or the |
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board. |
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[Sections 8260.005-8260.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8260.021. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2007, a person who owns land in the district may submit |
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a petition to the Texas Commission on Environmental Quality |
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requesting that the commission appoint as temporary directors the |
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five persons named in the petition. |
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(b) The commission shall appoint as temporary directors the |
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five persons named in the first petition received by the commission |
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under Subsection (a). |
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(c) If a temporary director fails to qualify for office, the |
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commission shall appoint a person to fill the vacancy. |
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(d) Temporary directors serve until the earlier of: |
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(1) the date directors are elected under Section |
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8260.023; or |
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(2) the date this chapter expires under Section |
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8260.003. |
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Sec. 8260.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 49.055, Water Code, the |
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temporary directors shall meet at a location in the district |
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agreeable to a majority of the directors. At the meeting, the |
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temporary directors shall elect officers from among the temporary |
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directors and conduct any other district business. |
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Sec. 8260.023. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION; ANNEXATION BY CITY. (a) The temporary directors shall |
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hold an election to confirm the creation of the district and to |
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elect five directors as provided by Section 49.102, Water Code. |
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(b) The temporary directors may not hold the election until |
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the City of Gunter has annexed into its corporate limits all |
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territory described by Section 2 of the Act creating this chapter. |
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Sec. 8260.024. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8260.023 shall draw lots to |
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determine which two shall serve until the first regularly scheduled |
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election of directors and which three shall serve until the second |
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regularly scheduled election of directors. |
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Sec. 8260.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 8260.026-8260.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8260.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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[Sections 8260.052-8260.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8260.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8260.102. WATER AND WASTEWATER FACILITIES AND |
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SERVICES. (a) The district shall make available any district |
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water or wastewater facility to each person that holds a |
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certificate of convenience and necessity for land in the district. |
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(b) The district may not provide retail water or wastewater |
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services. |
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Sec. 8260.103. ROAD PROJECTS. (a) To the extent authorized |
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by Section 52, Article III, Texas Constitution, the district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads or turnpikes, or improvements in aid of |
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those roads or turnpikes, inside the district. |
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(b) A road project must meet all applicable construction |
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standards, subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located. |
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Sec. 8260.104. MAINTENANCE AND REPAIR OF ROADS IN TERRITORY |
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EXCLUDED FROM CITY. If the City of Gunter excludes district |
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territory from the city's corporate limits, the district shall |
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maintain, improve, operate, and repair any road located in that |
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territory in accordance with the ordinances and rules of each |
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political subdivision in whose jurisdiction the road is located. |
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Sec. 8260.105. DIVISION OF DISTRICT. (a) The district may |
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be divided into two new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) The division procedure is prescribed by Sections 53.030 |
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through 53.041, Water Code. |
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(c) Any new district created by the division of the district |
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has all the powers and duties of the district. |
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(d) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land: |
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(1) outside the area described by Section 2 of the Act |
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creating this chapter; or |
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(2) outside the corporate limits of the city of |
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Gunter. |
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Sec. 8260.106. LIMITATION ON ANNEXATION. (a) The district |
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may not add land to the district under Subchapter J, Chapter 49, |
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Water Code, if the land is located outside the corporate limits of |
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the city of Gunter. |
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(b) Section 43.075, Local Government Code, does not apply to |
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the district. |
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[Sections 8260.107-8260.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8260.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds or other |
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obligations issued under Section 8260.201. |
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[Sections 8260.152-8260.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8260.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other obligations |
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as provided by Chapters 49 and 54, Water Code, to finance the |
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construction, maintenance, or operation of a project under Section |
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8260.101 or 8260.103. |
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(b) The district may not issue bonds or other obligations to |
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finance projects authorized by Section 8260.103 unless the issuance |
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is approved by a vote of a two-thirds majority of the district |
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voters voting at an election held for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8260.103 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 2. The Sangani Ranch Municipal Utility District No. |
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3 of Grayson County includes all the territory contained in the |
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following area: |
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Tract One |
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All that certain tract or parcel of land situated in the Mary Miller |
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Survey, Abstract Number 775, County of Grayson, State of Texas, |
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said tract being the remainder tract of a called 233.48 acre tract |
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as described in deed to JMS Ltd., filed 23 June 2004, and recorded |
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in volume 3684 page 164 of the official public records of the County |
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of Grayson, State of Texas, and being more fully described as |
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follows: |
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Beginning for the southeast corner of the tract being described |
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herein at a found 1\2 inch rebar marked Underwood 4709 on the west |
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right of way line of State Highway Number 289, said rebar being the |
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remainder southeast corner of said JMS tract, same being the |
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southwest corner of a called 2.286 acre tract as described in deed |
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to the State of Texas, and recorded in volume 2816 page 376 of said |
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official public records, and said rebar being the northwest corner |
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of a called 1.186 acre tract as described in deed to the State of |
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Texas, and recorded in volume 2792 page 411 of said official public |
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records, and said rebar also being on the north line of Tract One, a |
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called 278.389 acre tract as described in deed to Edwin A. Trapp |
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Jr., Trustee, filed 24 May 1993, and recorded in volume 2271 page |
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274 of the real property records of Grayson County, Texas; |
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Thence: South 88 degrees 52 minutes 52 seconds West, with the south |
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line of said JMS tract, and with the north line of said Trapp tract, |
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and with a barbed wire fence, and passing at 1395.71 feet a found |
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1\2 inch rebar in the center of an abandoned road, being the |
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northwest corner of said Trapp tract, and continuing on said course |
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a total distance of 1413.20 feet to a crosstie fence corner post for |
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the southwest corner of said JMS tract; |
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Thence: North 01 degrees 47 minutes 38 seconds West, with the west |
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line of said JMS tract, and with the west line of said abandoned |
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road, and with a barbed wire fence, a distance of 1462.01 feet to a |
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wood fence corner post for an angle point in the west line of said |
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JMS tract; |
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Thence: North 19 degrees 12 minutes 28 seconds West, with the west |
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line of said JMS tract, and with a barbed wire fence, a distance of |
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294.56 feet to a wood fence corner post for an angle point in the |
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west line of said JMS tract; |
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Thence: North 01 degrees 32 minutes 37 seconds West, with the west |
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line of said JMS tract, and with the center of said abandoned road, |
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and with a barbed wire fence, a distance of 1338.47 feet to a set 1\2 |
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inch steel square tubing for an angle point, said tubing being the |
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southeast corner of a called 240.811 acre tract as described in deed |
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to Phillip S. Wildman et ux, Teresa Marie Wildman, filed 23 October |
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1997, and recorded in volume 2583 page 538 of said official public |
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records; |
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Thence: North 01 degrees 36 minutes 23 seconds West, with the east |
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line of said Wildman tract, and with said fence, and with the center |
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of said abandoned road, a distance of 1833.73 feet to a set 3\8 inch |
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rebar for the northwest corner of said JMS tract; |
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Thence: North 88 degrees 36 minutes 19 seconds East, with the north |
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line of said JMS tract, and with an old barbed wire fence and tree |
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line, a distance of 2639.27 feet to a set 1\2 inch steel square |
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tubing in the west right of way line of said highway for the |
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northeast remainder corner of said JMS tract, same being the |
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northwest corner of said State of Texas 2.286 acre tract; |
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Thence: With the west line of said highway, the following eleven |
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(11) calls: |
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1. South 11 degrees 11 minutes 30 seconds West, a distance of |
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1730.40 feet to a concrete monument, |
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2. South 16 degrees 52 minutes 30 seconds West, a distance of 165.19 |
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feet to a concrete monument, |
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3. South 11 degrees 59 minutes 16 seconds West, a distance of 98.10 |
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feet to a concrete monument, |
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4. South 05 degrees 28 minutes 02 seconds West , a distance of |
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164.76 feet to a concrete monument, |
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5. South 11 degrees 10 minutes 10 seconds West, a distance of |
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1601.67 feet to a concrete monument, |
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6. South 16 degrees 42 minutes 42 seconds West, a distance of 329.66 |
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feet to a concrete monument, |
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7. South 11 degrees 42 minutes 34 seconds West, a distance of 98.54 |
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feet to a concrete monument, |
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8. South 05 degrees 23 minutes 27 seconds West, a distance of 329.86 |
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feet to a concrete monument, |
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9. South 11 degrees 12 minutes 13 seconds West, a distance of 298.04 |
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feet to a concrete monument, |
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10. South 16 degrees 49 minutes 07 seconds West, a distance of |
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164.79 feet to a concrete monument, |
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11. South 11 degrees 19 minutes 08 seconds West, a distance of 70.88 |
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feet to the POINT OF BEGINNING and containing 231.164 acres of land. |
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Tract Two |
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All that certain tract or parcel of land situated in the Mary Miller |
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Survey, Abstract Number 775, County of Grayson, State of Texas, |
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said tract being the remainder tract of a called 136.431 acre tract |
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as described in deed to JMS Ltd., filed 23 June 2004, and recorded |
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in volume 3684 page 164 of the official public records of the County |
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of Grayson, State of Texas, and being more fully described as |
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follows: |
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Beginning for the southwest corner of the tract being described |
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herein at a found 1\2 inch rebar marked Underwood 4709 on the east |
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right of way line of State Highway Number 289, said rebar being the |
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remainder southwest corner of said JMS tract, same being the |
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southeast corner of a called 0.959 acre tract as described in deed |
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to the State of Texas, and recorded in volume 2816 page 376 of said |
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official public records, and said rebar being the northeast corner |
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of a called 0.954 acre tract as described in deed to the State of |
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Texas, and recorded in volume 2792 page 417 of said official public |
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records, and said rebar also being on the north line of Tract One, a |
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called 278.389 acre tract as described in deed to Edwin A. Trapp |
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Jr., Trustee, filed 24 May 1993, and recorded in volume 2271 page |
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274 of the real property records of Grayson County, Texas; |
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Thence: With the east line of said highway, the following five (5) |
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calls: |
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1. North 11 degrees 30 minutes 45 seconds East, a distance of 505.16 |
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feet to a concrete monument, |
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2. North 16 degrees 23 minutes 59 seconds East, a distance of 329.37 |
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feet to a concrete monument, |
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3. North 11 degrees 09 minutes 31 seconds East, a distance of 98.37 |
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feet to a concrete monument, |
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4. North 05 degrees 23 minutes 20 seconds East , a distance of |
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330.13 feet to a concrete monument, |
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5. North 11 degrees 11 minutes 34 seconds East, a distance of 518.12 |
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feet to a found 1\2 inch rebar marked 4709 for the northwest |
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remainder corner of said JMS tract, same being the northeast corner |
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of said State of Texas 0.959 acre tract; |
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Thence: North 88 degrees 56 minutes 27 seconds East, with the north |
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line of said JMS tract, and with an old barbed wire fence and tree |
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line, a distance of 1333.17 feet to a set 1\2 inch steel square |
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tubing for an angle point in the north line of said JMS tract; |
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Thence: North 89 degrees 09 minutes 04 seconds East, with the north |
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line of said JMS tract, and with said fence, a distance of 2317.18 |
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feet to a set 1\2 inch steel square tubing for the northeast corner |
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of said JMS tract, same being the west right of way line of the |
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Burlington Northern Railway, as described in deed to Red River |
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Texas and Southern Railway Company, filed 04 November 1905, and |
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recorded in volume 168 page 52 of the deed records of Grayson |
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County, Texas; |
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Thence: South 25 degrees 45 minutes 19 seconds West, with the east |
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line of said JMS tract, and with the west line of said railway, a |
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distance of 1949.51 feet to a set 1\2 inch steel square tubing for |
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the southeast corner of said JMS tract; |
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Thence: South 88 degrees 55 minutes 54 seconds West, with the south |
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line of said JMS tract, and with an old barbed wire fence and tree |
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line, a distance of 647.14 feet to a found 1\2 inch rebar for the |
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northeast corner of said Trapp tract; |
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Thence: South 89 degrees 11 minutes 13 seconds West, with the south |
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line of said JMS tract, and with the north line of said Trapp tract, |
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and with said fence, a distance of 2500.41 feet to the POINT OF |
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BEGINNING and containing 135.678 acres of land. |
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Tract Three |
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All that certain tract or parcel of land situated in the Mary Miller |
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Survey, Abstract Number 775, County of Grayson, State of Texas, |
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said tract being all of a called 85.470 acre tract as described in |
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deed to JMS Ltd., filed 23 June 2004, and recorded in volume 3684 |
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page 164 of the official public records of the County of Grayson, |
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State of Texas, and being more fully described as follows: |
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Beginning for the southeast corner of the tract being described |
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herein at a found 1\2 inch steel square tubing, said tubing being |
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the southeast corner of said JMS tract, same being the northeast |
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corner of a tract as described in deed to the Freels Family Limited |
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Partnership, filed 09 January 1997, and recorded in volume 2516 |
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page 609 of said official public records, and said tubing being in |
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Old Preston Road; |
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Thence: South 88 degrees 55 minutes 54 seconds West, with the south |
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line of said JMS tract, and with the north line of said Feeels |
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tract, a distance of 2011.77 feet to a set 1\2 inch steel square |
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tubing for the southwest corner of said JMS tract, same being the |
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east right of way line of the Burlington Northern Railway, as |
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described in deed to Red River Texas and Southern Railway Company, |
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filed 04 November 1905, and recorded in volume 168 page 52 of the |
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deed records of Grayson County, Texas; |
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Thence: North 25 degrees 45 minutes 19 seconds East, with the west |
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line of said JMS tract, and with the east line of said railway, a |
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distance of 3372.95 feet to a set 1\2 inch steel square tubing for |
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the northwest corner of said JMS tract; |
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|
Thence: South 89 degrees 54 minutes 13 seconds East, with the north |
|
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line of said JMS tract, a distance of 470.60 feet to a found 1\2 inch |
|
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steel square tubing for the northeast corner of said JMS tract, and |
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said tubing being in said road; |
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Thence: South 01 degrees 26 minutes 09 seconds East, with the east |
|
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line of said JMS tract, and with said road, a distance of 3000.51 |
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feet to the POINT OF BEGINNING and containing 85.710 acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
|
|
introduce this Act, setting forth the general substance of this |
|
|
Act, has been published as provided by law, and the notice and a |
|
|
copy of this Act have been furnished to all persons, agencies, |
|
|
officials, or entities to which they are required to be furnished |
|
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
|
Government Code. |
|
|
(b) The governor, one of the required recipients, has |
|
|
submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality. |
|
|
(c) The Texas Commission on Environmental Quality has filed |
|
|
its recommendations relating to this Act with the governor, the |
|
|
lieutenant governor, and the speaker of the house of |
|
|
representatives within the required time. |
|
|
(d) All requirements of the constitution and laws of this |
|
|
state and the rules and procedures of the legislature with respect |
|
|
to the notice, introduction, and passage of this Act are fulfilled |
|
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and accomplished. |
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SECTION 4. This Act takes effect September 1, 2007. |