By: Holland (Senate Sponsor - Fallon) H.B. No. 4706
         (In the Senate - Received from the House May 8, 2019;
  May 10, 2019, read first time and referred to Committee on
  Intergovernmental Relations; May 20, 2019, reported favorably by
  the following vote:  Yeas 7, Nays 0; May 20, 2019, sent to
  printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to the creation of the North Celina Municipal Management
  District No. 3; providing authority to issue bonds; providing
  authority to impose assessments, fees, and taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 4, Special District Local Laws
  Code, is amended by adding Chapter 3986 to read as follows:
  CHAPTER 3986.  NORTH CELINA MUNICIPAL MANAGEMENT DISTRICT NO. 3
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3986.0101.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Celina.
               (3)  "Director" means a board member.
               (4)  "District" means the North Celina Municipal
  Management District No. 3.
         Sec. 3986.0102.  NATURE OF DISTRICT. The North Celina
  Municipal Management District No. 3 is a special district created
  under Section 59, Article XVI, Texas Constitution.
         Sec. 3986.0103.  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. 3986.0104.  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 the construction of 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. 3986.0105.  INITIAL DISTRICT TERRITORY. (a) The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting this chapter form a closure. A mistake in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bonds for the purposes
  for which the district is created or to pay the principal of and
  interest on the bonds;
               (3)  right to impose or collect an assessment or tax; or
               (4)  legality or operation.
         Sec. 3986.0106.  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. 3986.0107.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3986.0108.  CONSTRUCTION OF CHAPTER. This chapter
  shall be liberally construed in conformity with the findings and
  purposes stated in this chapter.
         Sec. 3986.0109.  COMPLIANCE WITH AND ENFORCEABILITY OF
  MUNICIPAL CONSENT AGREEMENT, ORDINANCE, OR RESOLUTION.  (a)  The
  district shall comply with all applicable requirements of any
  ordinance or resolution that consents to the creation of the
  district or to the inclusion of land in the district.
         (b)  Any agreement between the district and a municipality
  related to the municipality's consent to the creation of the
  district, including a development agreement, is valid and
  enforceable.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3986.0201.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five directors who serve staggered terms of
  four years.
         (b)  Four directors must be elected in the manner provided by
  Subchapter D, Chapter 49, Water Code.
         (c)  One director must be appointed by the governing body of
  the city from a list of persons recommended by the preceding board.
         Sec. 3986.0202.  COMPENSATION; EXPENSES. (a) The district
  may compensate each elected 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)  An appointed director is not entitled to compensation
  for service on the board.
         (c)  An elected or appointed director is entitled to
  reimbursement for necessary and reasonable expenses incurred in
  carrying out the duties and responsibilities of the board.
         Sec. 3986.0203.  INITIAL DIRECTORS. (a) The initial board
  consists of the following directors:
 
Pos. No. Name of Director
 
1 ____________
 
2 ____________
 
3 ____________
 
4 ____________
 
5 ____________
         (b)  Of the initial directors, the terms of directors
  appointed for positions one through three expire June 1, 2021, and
  the terms of directors appointed for positions four and five expire
  June 1, 2023.  The initial directors in positions one through four
  are replaced by directors elected under Section 3986.0201(b), and
  the initial director in position five is replaced by a director
  appointed under Section 3986.0201(c).
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3986.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3986.0302.  IMPROVEMENT PROJECTS AND SERVICES. (a) The
  district, using any money available to the district for the
  purpose, may provide, design, construct, acquire, improve,
  relocate, operate, maintain, or finance an improvement project or
  service authorized under this chapter or Chapter 375, Local
  Government Code.
         (b)  The district may contract with a governmental or private
  entity to carry out an action under Subsection (a). 
         (c)  The implementation of a district project or service is a
  governmental function or service for the purposes of Chapter 791,
  Government Code.
         Sec. 3986.0303.  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. 3986.0304.  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. 3986.0305.  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. 3986.0306.  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. 3986.0307.  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. 3986.0308.  ADDING OR EXCLUDING LAND. If the governing
  body of the city approves an addition or exclusion of land by
  affirmative vote, the district may add or exclude the land in the
  manner provided by Subchapter J, Chapter 49, Water Code, or by
  Subchapter H, Chapter 54, Water Code.  The district may add land
  only if the land is located in the city's corporate limits.
         Sec. 3986.0309.  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. 3986.0310.  DIVISION OF DISTRICT. (a)  The district may
  be divided into two or more new districts only if:
               (1)  the district has no outstanding bonded debt;
               (2)  the district is not imposing ad valorem taxes; and
               (3)  not more than four new districts are created by the
  division.
         (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 commission and record the order in the real property
  records of each county in which the district is located.
         (g)  Municipal consent to the creation of the district and to
  the inclusion of land in the district 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.
         (h)  A new district created by the division of the district
  must hold an election as required by Section 3986.0501 to obtain
  voter approval before the district may impose a maintenance tax or
  issue bonds payable wholly or partly from ad valorem taxes.
         Sec. 3986.0311.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. ASSESSMENTS
         Sec. 3986.0401.  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. 3986.0402.  ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
  Except as provided by Section 3986.0503(c), 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. 3986.0501.  TAX ELECTION REQUIRED. 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.
         Sec. 3986.0502.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized by a majority of the district voters voting at an
  election under Section 3986.0501, 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. 3986.0503.  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, impact
  fees, revenue, contract payments, grants, or other district money,
  or any combination of those sources of money, to pay for any
  authorized district purpose.
         (c)  The district may issue bonds, notes, or other
  obligations payable wholly or partly from assessments only to
  finance a major public infrastructure improvement project that
  serves a majority of the district. 
         (d)  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 an 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. 3986.0504.  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. 3986.0505.  BONDS SECURED BY AD VALOREM TAXES;
  ELECTIONS. (a) If authorized at an election under Section
  3986.0501, 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. 3986.0506.  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. 3986.0901.  DISSOLUTION. (a) Except as limited by
  Subsection (b), 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 of the
  property subject to assessment by 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:
                     (A)  that obligation has been fully paid in
  accordance with the contract; or
                     (B)  another political subdivision assumes the
  obligation; or
               (3)  owns, operates, or maintains public works,
  facilities, or improvements unless, before the district dissolves,
  the district contracts with another party for the ownership and
  operation or maintenance of the public works, facilities, or
  improvements.
         (d)  Section 375.262, Local Government Code, does not apply
  to the district.
         SECTION 2.  The North Celina Municipal Management District
  No. 3 initially includes all territory contained in the following
  area:
  TRACT 1: 2178 ACRES MORE OR LESS
  LEGAL DESCRIPTION CONSISTING OF 2178.085 ACRES MORE OR LESS BY
  COMPILING DEEDS DESCRIBED AS TRACT II IN THE DEED TO DYNAVEST JOINT
  VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE DEED RECORDS OF
  COLLIN COUNTY, TEXAS, A 218.360 ACRE TRACT OF LAND DESCRIBED AS
  TRACT NO. 1, A CALLED 161.910 ACRE TRACT OF LAND DESCRIBED AS TRACT
  NO. 2 IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME
  2288, PAGE 125 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS AND A
  1215.843 ACRE TRACT DESCRIBED IN THE DEED TO DYNAVEST JOINT VENTURE
  AS RECORDED IN VOLUME 2288, PAGE 110, OF THE DEED RECORDS OF COLLIN
  COUNTY, TEXAS.
  BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J. W.
  HAYNES SURVEY, ABSTRACT # 453, J, CUMBA SURVEY, ABSTRACT # 242, THE
  J DAVIS SURVEY, ABSTRACT # 254, THE B.B.B. & C.R.R. SURVEY, ABSTRACT
  # 131, THE H. COCHRAN SURVEY, ABSTRACT # 192, THE T & P. RR CO.
  SURVEY, ABSTRACT # 1054, THE J.F. SMILEY SURVEY, ABSTRACT 869, THE
  J. WORRALL SURVEY, ABSTRACT # 1036, THE J. QUEEN SURVEY, ABSTRACT #
  733, THE J. H. BIGGS SURVEY, ABSTRACT # 51, THE E. ALEXANDER SURVEY,
  ABSTRACT # 19, THE SA & MG RR CO SURVEY, ABSTRACT # 876 AND THE P.
  NEWSON, SURVEY, ABSTRACT # 665 AND BEING ALL OF A CALLED 579.400
  ACRE TRACT OF LAND DESCRIBED AS TRACT II IN THE DEED TO DYNAVEST
  JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE DEED
  RECORDS OF COLLIN COUNTY, TEXAS, ALL OF A CALLED 218.360 ACRE TRACT
  OF LAND DESCRIBED AS TRACT NO. 1 AND ALL OF A CALLED 161.910 ACRE
  TRACT OF LAND DESCRIBED AS TRACT NO. 2 IN THE DEED TO DYNAVEST JOINT
  VENTURE AS RECORDED IN VOLUME 2288, PAGE 125 OF THE DEED RECORDS OF
  COLLIN COUNTY, TEXAS AND ALL OF A CALLED 1215.843 ACRE TRACT
  DESCRIBED IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN
  VOLUME 2288, PAGE 110, OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
  AND BEING MORE PARTICULAR DESCRIBED AS FOLLOWS:
  BEGINNING AT A THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED
  HEREIN AT THE SOUTHWEST CORNER OF SAID 579.400 ACRE TRACT IN THE
  NORTH RIGHT-OF-WAY LINE OF F. M. # 455;
  THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST A DISTANCE OF
  6447.04 FEET TO A POINT FOR CORNER AT THE NORTHWEST CORNER OF SAID
  579.400 ACRE TRACT;
  THENCE SOUTH 89 DEGREES 27 MINUTES 28 SECONDS EAST A DISTANCE OF
  2678.28 FEET TO A POINT FOR CORNER;
  THENCE NORTH 00 DEGREES 23 MINUTES 38 SECONDS EAST A DISTANCE OF
  1013.53 FEET TO A POINT FOR CORNER AT THE MOST NORTHERLY NORTHWEST
  CORNER OF SAID 579.400 ACRE TRACT;
  THENCE NORTH 89 DEGREES 27 MINUTES 02 SECONDS EAST A DISTANCE OF
  2192.86 FEET TO A POINT FOR CORNER IN ELM CREEK;
  THENCE NORTH 41 DEGREES 45 MINUTES 00 SECONDS EAST ALONG THE CENTER
  OF ELM CREEK A DISTANCE OF 693.00 FEET TO A POINT FOR CORNER;
  THENCE NORTH 48 DEGREES 30 MINUTES 00 SECONDS EAST ALONG THE CENTER
  OF ELM CREEK A DISTANCE OF 417.00 FEET TO A POINT FOR CORNER;
  THENCE NORTH 10 DEGREES 40 MINUTES 00 SECONDS EAST ALONG THE CENTER
  OF ELM CREEK A DISTANCE OF 274.20 FEET TO A POINT FOR CORNER;
  THENCE NORTH 74 DEGREES 54 MINUTES 00 SECONDS EAST ALONG THE CENTER
  OF ELM CREEK A DISTANCE OF 211.00 FEET TO A POINT FOR CORNER;
  THENCE NORTH 65 DEGREES 52 MINUTES 00 SECONDS EAST ALONG THE CENTER
  OF ELM CREEK A DISTANCE OF 282.00 FEET TO A POINT FOR CORNER;
  THENCE NORTH 26 DEGREES 53 MINUTES 00 SECONDS EAST ALONG THE CENTER
  OF ELM CREEK A DISTANCE OF 1077.50 FEET TO A POINT FOR CORNER TO THE
  MOST NORTHERLY NORTHWEST CORNER OF SAID 1215.843 ACRE TRACT;
  THENCE SOUTH 87 DEGREES 54 MINUTES 00 SECONDS EAST A DISTANCE OF
  271.00 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 89 DEGREES 54 MINUTES 00 SECONDS EAST A DISTANCE OF
  127.00 FEET TO A POINT FOR CORNER;
  THENCE NORTH 88 DEGREES 58 MINUTES 00 SECONDS EAST A DISTANCE OF
  560.00 FEET TO A POINT FOR CORNER;
  THENCE NORTH 87 DEGREES 46 MINUTES 00 SECONDS EAST A DISTANCE OF
  917.00 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 86 DEGREES 43 MINUTES 00 SECONDS EAST A DISTANCE OF
  411.00 FEET TO A POINT FOR CORNER TO THE MOST NORTHERLY NORTHEAST
  CORNER OF SAID 1215.843 ACRE TRACT
  THENCE SOUTH 01 DEGREES 44 MINUTES 00 SECONDS EAST A DISTANCE OF
  889.00 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 58 DEGREES 17 MINUTES 00 SECONDS EAST A DISTANCE OF
  675.00 FEET TO A POINT FOR CORNER;
  THENCE NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST A DISTANCE OF
  611.00 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 00 DEGREES 52 MINUTES 00 SECONDS WEST A DISTANCE OF
  529.00 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 00 DEGREES 19 MINUTES 00 SECONDS WEST A DISTANCE OF
  3775.00 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 03 DEGREES 39 MINUTES 54 SECONDS WEST A DISTANCE OF
  491.83 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 00 DEGREES 21 MINUTES 00 SECONDS WEST A DISTANCE OF
  271.50 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 02 DEGREES 03 MINUTES 09 SECONDS EAST A DISTANCE OF
  560.34 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 86 DEGREES 42 MINUTES 28 SECONDS WEST A DISTANCE OF
  66.00 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 01 DEGREES 07 MINUTES 18 SECONDS EAST A DISTANCE OF
  2883.84 FEET TO A POINT FOR CORNER AT THE MOST EASTERLY SOUTHEAST
  CORNER OF SAID 1215.843 ACRE TRACT AND THE NORTHEAST CORNER OF SAID
  161.91 ACRE TRACT;
  THENCE SOUTH 01 DEGREES 59 MINUTES 59 SECONDS EAST A DISTANCE OF
  271.54 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 02 DEGREES 49 MINUTES 01 SECONDS EAST A DISTANCE OF
  698.98 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 02 DEGREES 27 MINUTES 24 SECONDS EAST A DISTANCE OF
  849.68 FEET TO A POINT FOR CORNER TO THE SOUTHEAST CORNER OF SAID
  161.91 ACRE TRACT;
  THENCE SOUTH 88 DEGREES 39 MINUTES 30 SECONDS WEST A DISTANCE OF
  2104.21 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 87 DEGREES 44 MINUTES 05 SECONDS WEST A DISTANCE OF
  986.67 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 89 DEGREES 09 MINUTES 32 SECONDS WEST A DISTANCE OF
  508.11 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 87 DEGREES 55 MINUTES 18 SECONDS WEST A DISTANCE OF
  230.84 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 88 DEGREES 45 MINUTES 02 SECONDS WEST A DISTANCE OF
  285.38 FEET TO A POINT FOR CORNER;
  THENCE NORTH 74 DEGREES 25 MINUTES 03 SECONDS WEST A DISTANCE OF
  1160.29 FEET TO A POINT FOR CORNER;
  THENCE NORTH 74 DEGREES 36 MINUTES 18 SECONDS WEST A DISTANCE OF
  404.97 FEET TO A POINT FOR CORNER TO A POINT IN THE NORTH
  RIGHT-OF-WAY LINE OF FM # 455;
  THENCE NORTH 15 DEGREES 23 MINUTES 42 SECONDS EAST WITH SAID
  RIGHT-OF-WAY LINE A DISTANCE OF 40.00 FEET TO A POINT FOR CORNER;
  THENCE NORTH 74 DEGREES 36 MINUTES 18 SECONDS WEST WITH SAID
  RIGHT-OF-WAY LINE A DISTANCE OF 179.93 FEET TO A POINT FOR CORNER;
  THENCE NORTH 52 DEGREES 06 MINUTES 25 SECONDS WEST WITH SAID
  RIGHT-OF-WAY LINE A DISTANCE OF 697.67 FEET TO A POINT FOR CORNER;
  THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE
  LEFT WITH AN ARC LENGTH OF363.14 FEET, WITH A RADIUS OF 986.86 FEET,
  WITH A CHORD BEARING OF NORTH 62 DEGREES 38 MINUTES 55 SECONDS WEST,
  AND WITH A CHORD LENGTH OF 361.09 FEET TO A POINT FOR CORNER;
  THENCE NORTH 73 DEGREES 11 MINUTES 25 SECONDS WEST WITH SAID
  RIGHT-OF-WAY LINE A DISTANCE OF 199.75 FEET TO A POINT FOR CORNER;
  THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE
  LEFT WITH AN ARC LENGTH OF 254.11 FEET, WITH A RADIUS OF 1367.32
  FEET, WITH A CHORD BEARING OF NORTH 78 DEGREES 37 MINUTES 35 SECONDS
  WEST, AND WITH A CHORD LENGTH OF 253.75 FEET;
  THENCE NORTH 83 DEGREES 34 MINUTES 06 SECONDS WEST WITH SAID
  RIGHT-OF-WAY LINE A DISTANCE OF 104.02 FEET TO A POINT FOR CORNER;
  THENCE NORTH 83 DEGREES 34 MINUTES 06 SECONDS WEST WITH SAID
  RIGHT-OF-WAY LINE A DISTANCE OF 2140.11 FEET TO A POINT FOR CORNER;
  THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE
  RIGHT WITH AN ARC LENGTH OF 283.92 FEET, WITH A RADIUS OF 528.70
  FEET, WITH A CHORD BEARING OF NORTH 68 DEGREES 22 MINUTES 06 SECONDS
  WEST, AND WITH A CHORD LENGTH OF 280.52 FEET TO A POINT FOR CORNER,;
  THENCE NORTH 53 DEGREES 10 MINUTES 06 SECONDS WEST WITH SAID
  RIGHT-OF-WAY LINE A DISTANCE OF 766.67 FEET TO THE POINT OF
  BEGINNING AND ENCLOSING 2178.085 ACRES OF LAND, MORE OR LESS.
  NOTE: THIS DESCRIPTION HAS BEEN CREATED BY RECORD INFORMATION ONLY.
  THERE WERE CLOSURE ERRORS FOUND IN THE DEEDS THAT COULD NOT BE
  ISOLATED. EXACT DIMENSIONS AND AREAS CAN BE OBTAINED BY AN ON THE
  GROUND SURVEY.
  TRACT 2: 100.474 ACRES MORE OR LESS
  LEGAL DESCRIPTION CONSISTING OF 100.474 ACRES MORE OR LESS BY
  COMPUTING EXHIBIT A IN THE DEED TO THE TRACT OF LAND DESCRIBED AS
  TRACT I IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME
  2288, PAGE 119 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
  BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J.
  DAVIS SURVEY, ABSTRACT # 254, THE W.P. ALLEN SURVEY, ABSTRACT # 24,
  AND THE J. HOWARD SURVEY, ABSTRACT # 442 AND BEING ALL OF A CALLED
  100.474 ACRE TRACT OF LAND DESCRIBED AS TRACT I IN THE DEED TO
  DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE
  DEED RECORDS OF COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY
  DESCRIBED AS FOLLOWS:
  BEGINNING AT THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED
  HEREIN AT THE INTERSECTION OF THE WEST LINE OF SAID COLLIN COUNTY
  WITH THE SOUTHWEST CORNER OF SAID 100.474 ACRE TRACT OF LAND;
  THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST, A DISTANCE OF
  1213.34 FEET TO A POINT FOR CORNER;
  THENCE NORTH 89 DEGREES 57 MINUTES 51 SECONDS EAST, A DISTANCE OF
  3608.95 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 00 DEGREES 56 MINUTES 02 SECONDS EAST, A DISTANCE OF
  1192.20 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 89 DEGREES 11 MINUTES 58 SECONDS WEST, A DISTANCE OF
  1594.31 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 89 DEGREES 57 MINUTES 51 SECONDS WEST, A DISTANCE OF
  2038.77 FEET TO THE POINT OF BEGINNING AND ENCLOSING 100.474 ACRES
  OF LAND, MORE OR LESS.
  TRACT 3: 958.042 ACRES MORE OR LESS
  LEGAL DESCRIPTION CONSISTING OF 958.042 ACRES MORE OR LESS BY
  COMPUTING EXHIBIT A IN THE DEED TO THE TRACT OF LAND DESCRIBED IN
  THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE
  114 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
  BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J. W.
  HAYNES SURVEY, ABSTRACT # 453, J, CUMBA SURVEY, ABSTRACT # 242, THE
  J. QUEEN SURVEY, ABSTRACT # 733, THE J. QUEEN SURVEY, ABSTRACT #
  1111, THE A. H. GEE SURVEY, ABSTRACT # 1104, THE H. COCHRAN SURVEY,
  ABSTRACT # 191, THE J. RAGSDALE SURVEY, ABSTRACT # 735 AND THE
  GERMAN IMIGRATION CO. SURVEY, ABSTRACT # 356 AND BEING ALL OF A
  CALLED 957.743 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO DYNAVEST
  JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 144 OF THE DEED
  RECORDS OF COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY
  DESCRIBED AS FOLLOWS:
  BEGINNING AT THE NORTHWEST CORNER OF THE TRACT BEING DESCRIBED
  HEREIN AT A POINT AT THE NORTHWEST CORNER OF SAID 957.743 ACRE TRACT
  IN THE SOUTH RIGHT-OF-WAY LINE OF FM # 455;
  THENCE SOUTH 53 DEGREES 10 MINUTES 06 SECONDS EAST WITH SAID SOUTH
  RIGHT-OF-WAY LINE A DISTANCE OF 699.50 FEET TO A POINT FOR CORNER;
  THENCE WITH SAID SOUTH RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO
  THE LEFT WITH AN ARC LENGTH OF 332.25 FEET, WITH A RADIUS OF 618.70
  FEET, WITH A CHORD BEARING OF SOUTH 68 DEGREES 22 MINUTES 06 SECONDS
  EAST, AND WITH A CHORD LENGTH OF 328.27 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 83 DEGREES 34 MINUTES 06 SECONDS EAST WITH SAID SOUTH
  RIGHT-OF-WAY LINE A DISTANCE OF 2243.84 FEET TO A POINT FOR CORNER;
  THENCE WITH SAID SOUTH RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO
  THE RIGHT WITH AN ARC LENGTH OF 237.99 FEET, WITH A RADIUS OF
  1277.20 FEET, WITH A CHORD BEARING OF SOUTH 78 DEGREES 38 MINUTES 21
  SECONDS EAST, AND WITH A CHORD LENGTH OF 237.64 FEET TO A POINT FOR
  CORNER;
  THENCE SOUTH 73 DEGREES 11 MINUTES 25 SECONDS EAST WITH SAID SOUTH
  RIGHT-OF-WAY LINE A DISTANCE OF 131.75 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 16 DEGREES 58 MINUTES 43 SECONDS WEST A DISTANCE OF
  103.35 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 40 DEGREES 22 MINUTES 29 SECONDS WEST A DISTANCE OF
  414.21 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 50 DEGREES 17 MINUTES 10 SECONDS EAST A DISTANCE OF
  174.16 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 04 DEGREES 36 MINUTES 13 SECONDS EAST A DISTANCE OF
  103.17 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 53 DEGREES 02 MINUTES 05 SECONDS WEST A DISTANCE OF
  256.14 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 23 DEGREES 11 MINUTES 46 SECONDS WEST A DISTANCE OF
  269.21 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 66 DEGREES 05 MINUTES 31 SECONDS EAST A DISTANCE OF
  178.82 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 04 DEGREES 58 MINUTES 45 SECONDS EAST A DISTANCE OF
  193.80 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 50 DEGREES 28 MINUTES 50 SECONDS WEST A DISTANCE OF
  169.49 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 87 DEGREES 27 MINUTES 53 SECONDS WEST A DISTANCE OF
  174.71 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 00 DEGREES 14 MINUTES 15 SECONDS WEST A DISTANCE OF
  763.18 FEET TO A POINT FOR CORNER;
  THENCE NORTH 86 DEGREES 32 MINUTES 52 SECONDS EAST A DISTANCE OF
  1464.77 FEET TO A POINT FOR CORNER;
  THENCE NORTH 89 DEGREES 13 MINUTES 02 SECONDS EAST A DISTANCE OF
  524.81 FEET TO A POINT FOR CORNER IN THE WEST RIGHT-OF-WAY LINE OF
  FM # 455;
  THENCE SOUTH 03 DEGREES 06 MINUTES 54 SECONDS WEST WITH SAID WEST
  RIGHT-OF-WAY LINE A DISTANCE OF 37.23 FEET TO A POINT FOR CORNER;
  THENCE WITH SAID WEST RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO
  THE LEFT WITH AN ARC LENGTH OF 577.39 FEET, WITH A RADIUS OF 1477.38
  FEET, WITH A CHORD BEARING OF SOUTH 08 DEGREES 00 MINUTES 36 SECONDS
  EAST , AND WITH A CHORD LENGTH OF 573.72 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 19 DEGREES 08 MINUTES 06 SECONDS EAST WITH SAID WEST
  RIGHT-OF-WAY LINE A DISTANCE OF 354.02 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 89 DEGREES 08 MINUTES 02 SECONDS WEST A DISTANCE OF
  974.20 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 00 DEGREES 24 MINUTES 13 SECONDS EAST A DISTANCE OF
  1724.68 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 01 DEGREES 25 MINUTES 40 SECONDS EAST A DISTANCE OF
  2948.48 FEET TO A POINT FOR CORNER;
  THENCE NORTH 88 DEGREES 01 MINUTES 35 SECONDS EAST A DISTANCE OF
  1138.15 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 01 DEGREES 46 MINUTES 21 SECONDS EAST A DISTANCE OF
  1965.29 FEET TO A POINT FOR CORNER;
  THENCE SOUTH 89 DEGREES 32 MINUTES 30 SECONDS WEST A DISTANCE OF
  5389.11 FEET TO A POINT FOR CORNER;
  THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST A DISTANCE OF
  10550.55 FEET TO A POINT FOR CORNER;
  AND ENCLOSING 958.042 ACRES OF LAND, MORE OR LESS.
         SECTION 3.  (a)  The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor,
  lieutenant governor, and speaker of the house of representatives
  within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act have been
  fulfilled and accomplished.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
 
  * * * * *