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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 King's Crossing Municipal Utility |
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District of Grayson County; providing authority to impose a tax and |
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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 8251 to read as follows: |
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CHAPTER 8251. KING'S CROSSING MUNICIPAL UTILITY DISTRICT OF |
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GRAYSON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8251.001. 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 King's Crossing Municipal |
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Utility District of Grayson County. |
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Sec. 8251.002. 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. 8251.003. FINDING OF PUBLIC USE AND BENEFIT. The |
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district is created to serve a public use and benefit. |
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Sec. 8251.004. 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 8251.024 before September 1, 2009: |
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(1) the district shall, as soon as it reasonably knows |
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the district will not be confirmed and before September 1, 2009: |
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(A) pay any debts incurred; and |
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(B) transfer to Grayson County any assets that |
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remain after the payment of debts; |
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(2) the district is dissolved September 1, 2009; and |
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(3) this chapter expires September 1, 2009. |
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Sec. 8251.005. 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; or |
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(3) the legality or operation of the board. |
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[Sections 8251.006-8251.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8251.021. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Hill Johnson; |
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(2) Joe Henneburger; |
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(3) Bill Casanova; |
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(4) Adrian Butler; and |
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(5) Kevin Eddy. |
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(b) If a temporary director fails to qualify for office, the |
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temporary directors who have qualified shall appoint a person to |
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fill the vacancy. If at any time there are fewer than three |
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qualified temporary directors, the Texas Commission on |
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Environmental Quality shall appoint the necessary number of persons |
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to fill all vacancies on the board. |
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(c) Temporary directors serve until the earlier of: |
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(1) the date directors are elected under Section |
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8251.024; or |
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(2) the date this chapter expires under Section |
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8251.004. |
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Sec. 8251.022. 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 convene the organizational meeting of the |
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district at a location in the district agreeable to a majority of |
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the directors. If a location cannot be agreed upon, the |
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organizational meeting shall be at the Grayson County Courthouse. |
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Sec. 8251.023. DEVELOPMENT AGREEMENT REQUIRED. The |
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temporary directors may not hold an election under Section 8251.024 |
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or approve the issuance of bonds until a district landowner enters |
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into a development agreement regarding district land with the City |
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of Howe. |
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Sec. 8251.024. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five directors as |
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provided by Section 49.102, Water Code. |
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Sec. 8251.025. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8251.024 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. 8251.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2009. |
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[Sections 8251.027-8251.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8251.051. DIRECTORS; 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 8251.052-8251.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8251.101. 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. 8251.102. ROAD PROJECTS. (a) The district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads or improvements in aid of those roads, |
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inside or outside the district. |
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(b) A road project must meet all applicable construction |
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standards, zoning and subdivision requirements, and regulations of |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located. If the district is not |
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located in the corporate limits or extraterritorial jurisdiction of |
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a municipality, a road project must meet all applicable |
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construction standards, zoning and subdivision requirements, and |
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regulations of each county in which the district is located. |
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(c) The district may not undertake a road project unless |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located consents by resolution. If |
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the district is not located in the corporate limits or |
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extraterritorial jurisdiction of a municipality, the district may |
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not undertake a road project unless each county in which the |
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district is located consents by resolution. |
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Sec. 8251.103. ROAD CONTRACTS. The district may contract |
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for a road project in the manner provided by Subchapter I, Chapter |
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49, Water Code. |
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[Sections 8251.104-8251.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8251.151. OPERATION AND MAINTENANCE TAX. The district |
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may impose a tax for any district operation and maintenance purpose |
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in the manner provided by Section 49.107, Water Code. |
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Sec. 8251.152. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of and interest on bonds issued under |
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Section 8251.201. |
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Sec. 8251.153. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; |
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(4) a cable operator as defined by 47 U.S.C. Section |
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522; or |
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(5) a person who provides to the public advanced |
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telecommunications services. |
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[Sections 8251.154-8251.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8251.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other |
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obligations as provided by Chapters 49 and 54, Water Code, and to |
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finance the construction, maintenance, or operation of projects |
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under Section 8251.102. |
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(b) The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, grants, or other district money. |
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(c) The district may not issue bonds or other obligations |
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secured wholly or partly by ad valorem taxation to finance projects |
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authorized by Section 8251.102 unless the issuance is approved by a |
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vote of a two-thirds majority of district voters voting at an |
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election called for that purpose. |
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(d) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8251.102 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 King's Crossing Municipal Utility District |
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of Grayson County initially includes all the territory contained in |
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the following described area: |
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TRACT 1 |
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BEING a tract of land situated in the J. ARMENDARIS SURVEY, ABSTRACT |
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NO. 39, the J. MARSHALL SURVEY, ABSTRACT NO. 868, the C. MASON |
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SURVEY, ABSTRACT NO. 859 and the E. REYNOLDS SURVEY, ABSTRACT NO. |
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1008, in Grayson County, Texas, and being all of a called 146 acre |
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tract of land described in a deed to W. C. King recorded in Volume |
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464, Page 531 of the Deed Records of Grayson County, Texas, part of |
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a called 273.2255 acre tract described in a deed to W. C. King |
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recorded in Volume 418, Page 320 of said Deed Records, (both of said |
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King tracts being subsequently conveyed in part to Joe C. King, |
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Nancy Jane Yarborough and the Mary Ann Arterbury Revocable Trust by |
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deeds recorded in Volume 2182, Page 950, Volume 2192, Page 234, |
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Volume 2249, Page 895, and Volume 3259, Page 266, all of said Deed |
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Records), all of a called 60.2 acre tract of land described as Tract |
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One in a deed to Nancy McElreath King recorded in Volume 953, Page |
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307 of said Deed Records, all of a called 12.5 acre tract of land |
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described as Tract Two in said deed, and all of a called 40 acre |
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tract of land described as Tract Three in said deed, and being more |
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particularly described as follows: |
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BEGINNING at a railroad spike found at the intersection of the |
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center of Farmington Road (undedicated public road) with the center |
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of Hall Cemetery Road (undedicated public road), said point being |
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the southwest corner of said 60.2 acre tract; |
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THENCE North 00 degrees 57 minutes 32 seconds West, along the |
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approximate center of Farmington Road, and along the west lines of |
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said 60.2 acre tract and said 146 acre tract, a distance of 2577.20 |
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feet to a 1-inch iron pipe found for the most westerly northwest |
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corner of said 146 acre tract and the south corner of a called 34 |
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acre tract of land described in a deed to the Burks Family Trusts |
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recorded in Volume 3128, Page 820 of said Deed Records; |
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THENCE North 34 degrees 38 minutes 57 seconds East, along the common |
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line between said 34 acre tract and said 146 acre tract, a distance |
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of 2574.44 feet to a 1-inch iron pipe found at an angle point in the |
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approximate center of Davis Road (undedicated public road) for the |
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east corner of said 34 acre tract and the most southerly southeast |
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corner of a called 123.8843 acre tract of land described in a deed |
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to C. J. Matthews and wife Dorothy Matthews recorded in Volume 1180, |
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Page 590 of said Deed Records; |
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THENCE North 33 degrees 34 minutes 50 seconds East, along the common |
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line between said 146 acre tract and said 123.8843 acre tract, and |
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along the approximate center of Davis Road, a distance of 989.01 |
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feet to a 1-inch iron pipe found at an angle point in said road for |
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most northerly northwest corner of said 146 acre tract; |
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THENCE South 89 degrees 56 minutes 45 seconds East, along the |
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approximate center of Davis Road and the north lines of said 146 |
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acre tract and said 273.2255 acre tract, a distance of 3122.85 feet |
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to a 5/8-inch iron rod with cap marked "PETITT RPLS 4087" set for |
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corner; |
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THENCE South 00 degrees 55 minutes 04 seconds East, along the |
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prolongation of and the west lines of a called 0.923 acre tract |
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described in a deed to Joe C. King and wife Katie Mae King recorded |
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in Volume 1518, Page 747 of said Deed Records, a called 3.086 acre |
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tract of land described in a deed to Joe C. King and wife Katie Mae |
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King recorded in Volume 1331, Page 150, a tract of land described in |
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a deed to Joe C. King recorded in Volume 1293, Page 77 of said Deed |
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Records, a distance of 3195.54 feet to a 5/8-inch iron rod with cap |
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marked "PETITT RPLS 4087" set for a point of the north line of |
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Western Hills, an addition to the City of Howe according to the plat |
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thereof recorded in Volume 3, Page 76 of the Map Records of Grayson |
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County, Texas. |
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THENCE South 89 degrees 24 minutes 28 seconds West, along the north |
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line of Western Hills, and addition to the City of Howe, a distance |
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of 1.52 feet to the northwest corner of said Western Hills to a |
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5/8-inch iron rod with cap marked "PETITT RPLS 4087" set for corner; |
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THENCE South 00 degrees 48 minutes 45 seconds East, departing the |
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northwest corner of said Western Hills, and along the most |
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southerly east line of said 273.2255 acre tract, a distance of |
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410.53 feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS |
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4087" set for the most southerly southeast corner of said 273.2255 |
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acre tract and the northeast corner of a called 111.5 acre tract |
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described in a deed to Robert Glen Sollis, Jr., recorded in Volume |
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2352, Page 222 of said Deed Records; |
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THENCE North 89 degrees 21 minutes 25 seconds West, along the common |
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line between said 273.2255 acre tract and said 111.5 acre tract, a |
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distance of 2591.12 feet to a 5/8-inch iron rod with cap marked |
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"PETITT - RPLS 4087" set for the northwest corner of said 111.5 acre |
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tract and the northeast corner of said 40 acre tract; |
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THENCE South 00 degrees 48 minutes 45 seconds East, along the common |
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line between said 111.5 acre tract an said 40 acre tract, a distance |
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of 1904.72 feet to a 5/8-inch iron rod with cap marked "PETITT - |
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RPLS 4087" set in the approximate center of Hall Cemetery Road for |
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the southeast corner of said 40 acre tract; |
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THENCE South 89 degrees 13 minutes 54 seconds West, along the |
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approximate center of Hall Cemetery Road and the south lines of said |
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40 acre tract, said 12.5 acre tract and said 60.2 acre tract, a |
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distance of 2582.24 feet to the POINT OF BEGINNING and containing |
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470.470 acres of land, more or less. |
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TRACT 2 |
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BEING A TRACT OF LAND SITUATED IN THE J. ARMENDARIS SURVEY, ABSTRACT |
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NO. 39, THE J. MARSHALL SURVEY, ABSTRACT NO. 825, AND THE E. |
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REYNOLDS SURVEY, ABSTRACT NO. 1008, IN GRAYSON COUNTY, TEXAS, AND |
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BEING A PORTION OF A CALLED 57.898 ACRE TRACT DESCRIBED IN A DEED TO |
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JOE CLYDE KING RECORDED IN VOLUME 3693, PAGE 147 OF THE DEED RECORDS |
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OF GRAYSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS |
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FOLLOWS: |
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BEGINNING AT A NAIL FOUND IN THE APPROXIMATE CENTER OF DAVIS ROAD |
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(UNDEDICATED PUBLIC ROAD) FOR THE NORTHEAST CORNER OF SAID 57.898 |
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ACRE TRACT AND THE NORTHWEST CORNER OF A CALLED 29.732 ACRE TRACT OF |
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LAND DESCRIBED AS TRACT 1 IN A DEED TO JERRY L. KING AND DONNA KING |
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BEDGOOD RECORDED IN VOLUME 2001, PAGE 107 OF SAID DEED RECORDS; |
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THENCE ALONG THE COMMON LINE BETWEEN SAID 29.732 ACRE TRACT AND SAID |
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57.898 ACRE TRACT AS FOLLOWS: |
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SOUTH 26 DEGREES 30 MINUTES 31 SECONDS EAST, A DISTANCE OF 274.02 |
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FEET TO A 5/8-INCH IRON ROD WITH CAP MARKED "PETITT - RPLS 4087" SET |
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FOR CORNER; |
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SOUTH 22 DEGREES 04 MINUTES 49 SECONDS EAST, A DISTANCE OF 371.90 |
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FEET TO A 5/8-INCH IRON ROD WITH CAP MARKED "PETITT - RPLS 4087" SET |
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FOR CORNER; |
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SOUTH 64 DEGREES 31 MINUTES 10 SECONDS EAST, A DISTANCE OF 174.55 |
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FEET TO A 5/8-INCH IRON ROD WITH CAP MARKED "PETITT - RPLS 4087" SET |
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FOR THE MOST EASTERLY NORTHEAST CORNER OF SAID 57.898 ACRE TRACT AND |
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THE NORTHWEST CORNER OF WESTERN HILLS COMMERCIAL, AN ADDITION TO |
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THE CITY OF HOWE ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3, |
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PAGE 79 OF THE PLAT RECORDS OF GRAYSON COUNTY, TEXAS; |
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THENCE SOUTH 00 DEGREES 54 MINUTES 15 SECONDS EAST, ALONG THE |
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EASTERLY LINE OF SAID 57.898 ACRE TRACT AND THE WEST LINE OF SAID |
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WESTERN HILLS COMMERCIAL, A DISTANCE OF 360.57 FEET TO A 5/8-INCH |
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IRON ROD WITH CAP MARKED "PETITT - RPLS 4087" SET FOR CORNER FROM |
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WHICH A 1/2-INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID |
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WESTERN HILLS COMMERCIAL BEARS SOUTH 00 DEGREES 54 MINUTES 15 |
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SECONDS EAST, A DISTANCE OF 305.41 FEET; |
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THENCE SOUTH 89 DEGREES 31 MINUTES 09 SECONDS WEST, DEPARTING SAID |
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EASTERLY AND WEST LINES AND OVER AND ACROSS SAID 57.898 ACRE TRACT, |
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A DISTANCE OF 905.24 FEET TO A 5/8-INCH IRON ROD WITH CAP MARKED |
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"PETITT - RPLS 4087" SET IN THE WEST LINE OF SAID 57.898 ACRE TRACT |
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SAME BEING THE EAST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO AP |
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HOWE LIMITED PARTNERSHIP FILED IN VOLUME 3814, PAGE 898, OF SAID |
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DEED RECORDS; |
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THENCE NORTH 00 DEGREES 55 MINUTES 04 SECONDS WEST, ALONG SAID EAST |
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AND WEST LINES, A DISTANCE OF 1030.55 FEET TO A NAIL FOUND IN THE |
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APPROXIMATE CENTER OF SAID DAVIS ROAD FOR THE NORTHWEST CORNER OF |
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SAID 57.898 ACRE TRACT AND THE NORTHEAST CORNER OF SAID AP HOWE |
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LIMITED PARTNERSHIP TRACT; |
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THENCE SOUTH 89 DEGREES 56 MINUTES 50 SECONDS EAST, ALONG THE NORTH |
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LINE OF SAID 57.898 ACRE TRACT AND THE APPROXIMATE CENTER OF SAID |
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DAVIS ROAD, A DISTANCE OF 160.56 FEET TO A RAILROAD SPIKE FOUND FOR |
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AN ANGLE POINT; |
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THENCE NORTH 89 DEGREES 31 MINUTES 33 SECONDS EAST, CONTINUING |
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ALONG SAID NORTH LINE AND THE APPROXIMATE CENTER OF SAID DAVIS ROAD, |
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A DISTANCE OF 335.80 FEET TO THE POINT OF BEGINNING AND CONTAINING |
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762,300 SQUARE FEET, OR 17.500 ACRES OF LAND, MORE OR LESS. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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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 immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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* * * * * |