S.B. No. 2207

AN ACT

relating to the creation of the Grayson County Municipal Utility District No. 8; granting a limited power of eminent domain; 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 F, Title 6, Special District Local Laws Code, is amended by adding Chapter 7912A to read as follows:

CHAPTER 7912A. GRAYSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 8

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 7912A.0101. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Commission" means the Texas Commission on Environmental Quality.

(3) "Director" means a board member.

(4) "District" means the Grayson County Municipal Utility District No. 8.

Sec. 7912A.0102. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 7912A.0103. CONFIRMATION AND DIRECTOR ELECTION REQUIRED. The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code.

Sec. 7912A.0104. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 7912A.0103 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.

Sec. 7912A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) The district is created to serve a public purpose and benefit.

(b) The district is created to accomplish the purposes of:

(1) a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution; and

(2) Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 7912A.0106. 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 made 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 bond for the purposes for which the district is created or to pay the principal of and interest on a bond;

(3) right to impose a tax; or

(4) legality or operation.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 7912A.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 7912A.0202, directors serve staggered four-year terms.

Sec. 7912A.0202. TEMPORARY DIRECTORS. (a) On or after the effective date of the Act enacting this chapter, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as temporary directors the five persons named in the petition. The commission shall appoint as temporary directors the five persons named in the petition.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 7912A.0103; or

(2) the fourth anniversary of the effective date of the Act enacting this chapter.

(c) If permanent directors have not been elected under Section 7912A.0103 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of:

(1) the date permanent directors are elected under Section 7912A.0103; or

(2) the fourth anniversary of the date of the appointment or reappointment.

(d) If Subsection (c) applies, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as successor temporary directors the five persons named in the petition. The commission shall appoint as successor temporary directors the five persons named in the petition.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 7912A.0301. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 7912A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.

Sec. 7912A.0303. AUTHORITY FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 7912A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.

(b) If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road project must meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located.

(c) If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.

Sec. 7912A.0305. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 7912A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 7912A.0403.

(b) The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.

(c) The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.

Sec. 7912A.0402. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 7912A.0401, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.

(b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election.

Sec. 7912A.0403. CONTRACT TAXES. (a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 7912A.0501. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds 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, to pay for any authorized district purpose.

Sec. 7912A.0502. TAXES FOR BONDS. 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 ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.

Sec. 7912A.0503. BONDS FOR ROAD PROJECTS. At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.

SECTION 2. The Grayson County Municipal Utility District No. 8 initially includes all the territory contained in the following area:

BEING A TRACT OF LAND LOCATED IN THE UEL D. FOX SURVEY, ABSTRACT NO. 423 AND THE SAMUEL PRUITT SURVEY, ABSTRACT NO. 956, GRAYSON COUNTY, TEXAS AND BEING ALL OF THOSE TRACTS OF LAND DESCRIBED IN DEEDS TO WCH FAMILY PARTNERSHIP, LTD., RECORDED IN VOLUME 5188, PAGE 153 AND VOLUME 5188, PAGE 159, DEED RECORDS, GRAYSON COUNTY, TEXAS (D.R.G.C.T.) AND BEING ALL OF A TRACT OF LAND DESCRIBED IN DEED TO GEORGE M. KERNS AND WIFE, DIANA SUE KERNS, RECORDED IN VOLUME 1304, PAGE 793, D.R.G.C.T. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A 1/2-INCH IRON ROD FOUND AT THE MOST WESTERLY NORTHWEST CORNER OF SAID WCH FAMILY PARTNERSHIP TRACT AND THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO RICK WALKER, RECORDED IN VOLUME 3917, PAGE 626, D.R.G.C.T., FROM WHICH A 1/2-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF LOT 1 OF HUNTER'S CROSSING, PHASE 1, AN ADDITION TO GRAYSON COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 13, PAGE 44, PLAT RECORDS, GRAYSON COUNTY, TEXAS (P.R.G.C.T.) BEARS NORTH 00°21'42" WEST, A DISTANCE OF 38.44 FEET;

THENCE NORTH 89°08'11" EAST, A DISTANCE OF 595.08 FEET TO A 1/2-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO PAUL D. YATES AND WIFE, TINA Y. YATES, RECORDED IN VOLUME 2447, PAGE 187, D.R.G.C.T.;

THENCE NORTH 00°53'40" WEST, A DISTANCE OF 240.03 FEET TO A CALCULATED POINT IN THE SOUTH LINE OF SAID WALKER TRACT AT THE NORTHEAST CORNER OF SAID YATES TRACT, FROM WHICH A 1/2-INCH IRON ROD FOUND BEARS NORTH 00°53'40" WEST, A DISTANCE OF 0.40 FEET;

THENCE NORTH 89°08'11" EAST, ALONG THE COMMON LINE OF SAID WCH FAMILY PARTNERSHIP TRACT AND SAID WALKER TRACT, PASSING A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR REFERENCE AT A DISTANCE OF 1,726.26 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF 1,776.26 FEET TO A CALCULATED POINT FOR CORNER IN THE WEST PRONG OF WHITES CREEK;

THENCE SOUTH 00°51'29" EAST, CONTINUING ALONG SAID COMMON LINE AND SAID CREEK, A DISTANCE OF 21.30 FEET TO A CALCULATED POINT AT THE MOST WESTERLY NORTHWEST CORNER OF LOT 16 OF THE REPLAT OF LOT 14 & PART OF LOTS 13 AND 15, HACKBERRY HEIGHTS, AN ADDITION TO GRAYSON COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11, PAGE 23, P.R.G.C.T.;

THENCE SOUTH 02°01'10" WEST, LEAVING SAID COMMON LINE AND CONTINUING ALONG SAID CREEK AND ALONG SAID WEST LINE, A DISTANCE OF 76.98 FEET TO A CALCULATED POINT FOR CORNER;

THENCE SOUTH 17°00'08" EAST, CONTINUING ALONG SAID CREEK AND SAID WEST LINE, A DISTANCE OF 147.69 FEET TO A CALCULATED POINT FOR CORNER;

THENCE NORTH 89°08'56" EAST, LEAVING SAID CREEK AND ALONG THE SOUTH LINE OF SAID LOT 16, A DISTANCE OF 219.81 FEET TO A CALCULATED POINT FOR CORNER IN THE APPROXIMATE CENTER OF A BRANCH OF SAID CREEK AT THE NORTH CORNER OF LOT 13 OF HACKBERRY HEIGHTS PHASE TWO, AN ADDITION TO GRAYSON COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10, PAGE 92, P.R.G.C.T.;

THENCE SOUTH 23°54'50" WEST, ALONG SAID BRANCH AND THE WEST LINE OF SAID HACKBERRY HEIGHTS PHASE TWO, A DISTANCE OF 108.98 FEET TO A CALCULATED POINT FOR CORNER IN SAID WEST PRONG OF WHITES CREEK;

THENCE SOUTHERLY, ALONG SAID WEST PRONG, SAME BEING THE COMMON LINE OF SAID WCH FAMILY PARTNERSHIP TRACT AND SAID HACKBERRY HEIGHTS PHASE TWO, THE FOLLOWING FIFTEEN (15) COURSES AND DISTANCES:

1. SOUTH 05 °37'51" WEST, A DISTANCE OF 162.05 FEET TO A CALCULATED POINT FOR CORNER;

2. SOUTH 17°32'07" EAST, A DISTANCE OF 134.22 FEET TO A CALCULATED POINT FOR CORNER;

3. SOUTH 10°29'21" WEST, A DISTANCE OF 65.27 FEET TO A CALCULATED POINT FOR CORNER;

4. SOUTH 42°00'02" EAST, A DISTANCE OF 60.19 FEET TO A CALCULATED POINT FOR CORNER;

5. NORTH 62°06'14" EAST, A DISTANCE OF 43.26 FEET TO A CALCULATED POINT FOR CORNER;

6. NORTH 03°18'47" EAST, A DISTANCE OF 56.58 FEET TO A CALCULATED POINT FOR CORNER;

7. NORTH 59°29'48" EAST, A DISTANCE OF 117.66 FEET TO A CALCULATED POINT FOR CORNER;

8. SOUTH 01°37'31" WEST, A DISTANCE OF 481.14 FEET TO A CALCULATED POINT FOR CORNER;

9. SOUTH 53°49'07" WEST, A DISTANCE OF 198.83 FEET TO A CALCULATED POINT FOR CORNER;

10. NORTH 69°18'14" WEST, A DISTANCE OF 113.04 FEET TO A CALCULATED POINT FOR CORNER;

11. NORTH 29°21'52" WEST, A DISTANCE OF 124.86 FEET TO A CALCULATED POINT FOR CORNER;

12. SOUTH 36°44'06" WEST, A DISTANCE OF 88.97 FEET TO A CALCULATED POINT FOR CORNER;

13. SOUTH 65°01'56" EAST, A DISTANCE OF 40.98 FEET TO A CALCULATED POINT FOR CORNER;

14. SOUTH 27°31'46" EAST, A DISTANCE OF 196.90 FEET TO A CALCULATED POINT FOR CORNER;

15. SOUTH 41°45'29" WEST, A DISTANCE OF 127.35 FEET TO A CALCULATED POINT AT THE MOST SOUTHERLY NORTHWEST CORNER OF LOT 16 OF SAID HACKBERRY HEIGHTS PHASE TWO AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO BRIGGS LIVING TRUST, RECORDED IN VOLUME 3204, PAGE 646, D.R.G.C.T.;

THENCE SOUTHWESTERLY, ALONG THE APPROXIMATE CENTER OF SAID WEST PRONG, SAME BEING THE COMMON LINE OF SAID WCH FAMILY PARTNERSHIP TRACT AND SAID BRIGGS LIVING TRUST TRACT, THE FOLLOWING THIRTY- THREE (33) COURSES AND DISTANCES:

1. SOUTH 71°32'08" WEST, A DISTANCE OF 78.07 FEET TO A CALCULATED POINT FOR CORNER;

2. NORTH 84°23'14" WEST, A DISTANCE OF 91.09 FEET TO A CALCULATED POINT FOR CORNER;

3. SOUTH 85°15'30" WEST, A DISTANCE OF 30.10 FEET TO A CALCULATED POINT FOR CORNER;

4. SOUTH 62°11'39" WEST, A DISTANCE OF 41.25 FEET TO A CALCULATED POINT FOR CORNER;

5. SOUTH 04°28'27" WEST, A DISTANCE OF 34.86 FEET TO A CALCULATED POINT FOR CORNER;

6. SOUTH 09°39'18" EAST, A DISTANCE OF 37.43 FEET TO A CALCULATED POINT FOR CORNER;

7. SOUTH 54°53'18" EAST, A DISTANCE OF 19.07 FEET TO A CALCULATED POINT FOR CORNER;

8. NORTH 66°44'16" EAST, A DISTANCE OF 15.43 FEET TO A CALCULATED POINT FOR CORNER;

9. SOUTH 68°06'44" EAST, A DISTANCE OF 30.52 FEET TO A CALCULATED POINT FOR CORNER;

10. SOUTH 62°01'54" EAST, A DISTANCE OF 33.64 FEET TO A CALCULATED POINT FOR CORNER;

11. SOUTH 34°19'34" EAST, A DISTANCE OF 53.12 FEET TO A CALCULATED POINT FOR CORNER;

12. SOUTH 02°52'27" EAST, A DISTANCE OF 28.55 FEET TO A CALCULATED POINT FOR CORNER;

13. SOUTH 42°01'01" WEST, A DISTANCE OF 38.44 FEET TO A CALCULATED POINT FOR CORNER;

14. SOUTH 69°56'13" WEST, A DISTANCE OF 128.54 FEET TO A CALCULATED POINT FOR CORNER;

15. SOUTH 83°04'08" WEST, A DISTANCE OF 53.04 FEET TO A CALCULATED POINT FOR CORNER;

16. NORTH 41°44'15" WEST, A DISTANCE OF 122.78 FEET TO A CALCULATED POINT FOR CORNER;

17. NORTH 81°21'43" WEST, A DISTANCE OF 13.51 FEET TO A CALCULATED POINT FOR CORNER;

18. SOUTH 76°55'42" WEST, A DISTANCE OF 11.79 FEET TO A CALCULATED POINT FOR CORNER;

19. SOUTH 65°12'40" WEST, A DISTANCE OF 29.57 FEET TO A CALCULATED POINT FOR CORNER;

20. SOUTH 33°03'38" WEST, A DISTANCE OF 42.81 FEET TO A CALCULATED POINT FOR CORNER;

21. SOUTH 10°00'47" WEST, A DISTANCE OF 11.45 FEET TO A CALCULATED POINT FOR CORNER;

22. SOUTH 16°36'13" EAST, A DISTANCE OF 12.00 FEET TO A CALCULATED POINT FOR CORNER;

23. SOUTH 43°21'35" EAST, A DISTANCE OF 19.22 FEET TO A CALCULATED POINT FOR CORNER;

24. SOUTH 23°19'51" EAST, A DISTANCE OF 15.43 FEET TO A CALCULATED POINT FOR CORNER;

25. SOUTH 04°42'58" WEST, A DISTANCE OF 17.64 FEET TO A CALCULATED POINT FOR CORNER;

26. SOUTH 22°18'01" WEST, A DISTANCE OF 25.94 FEET TO A CALCULATED POINT FOR CORNER;

27. SOUTH 54°52'25" WEST, A DISTANCE OF 35.73 FEET TO A CALCULATED POINT FOR CORNER;

28. SOUTH 62°47'42" WEST, A DISTANCE OF 33.74 FEET TO A CALCULATED POINT FOR CORNER;

29. SOUTH 14°24'32" WEST, A DISTANCE OF 24.78 FEET TO A CALCULATED POINT FOR CORNER;

30. SOUTH 05°50'31" EAST, A DISTANCE OF 36.58 FEET TO A CALCULATED POINT FOR CORNER;

31. SOUTH 06°48'15" EAST, A DISTANCE OF 61.82 FEET TO A CALCULATED POINT FOR CORNER;

32. SOUTH 44°48'52" EAST, A DISTANCE OF 37.81 FEET TO A CALCULATED POINT FOR CORNER;

33. SOUTH 25°16'42" EAST, A DISTANCE OF 16.01 FEET TO A CALCULATED POINT FOR CORNER;

THENCE SOUTH 88°50'56" WEST, LEAVING SAID WEST PRONG AND CONTINUING ALONG THE COMMON LINE OF SAID WCH FAMILY PARTNERSHIP TRACT AND SAID BRIGGS LIVING TRUST TRACT, PASSING A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR REFERENCE AT A DISTANCE OF 50.00 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF 354.36 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR CORNER NEAR A FENCE CORNER POST;

THENCE SOUTH 07°35'56" WEST, A DISTANCE OF 599.94 FEET TO A DEAD BOIS D'ARC TREE FOUND FOR CORNER;

THENCE NORTH 80°08'23" WEST, PASSING AT A DISTANCE OF 748.66 FEET A 1/2-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO GEORGE M. KERNS AND WIFE, DIANA SUE KERNS, RECORDED IN VOLUME 1304, PAGE 793, D.R.G.C.T., PASSING AGAIN AT A DISTANCE OF 1119.45 FEET A WOOD FENCE POST FOUND AT THE CALLED NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO RICKFORD B. STILL AND MARTHA A. STILL, RECORDED IN VOLUME 3435, PAGE 152, D.R.G.C.T., AND CONTINUING FOR A TOTAL DISTANCE OF 1,120.62 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID KERNS TRACT;

THENCE SOUTH 00°26'09" WEST, PASSING A 1/2-INCH IRON ROD FOUND AT A DISTANCE OF 2.64 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF 469.12 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE SOUTHEAST CORNER OF SAID WCH FAMILY PARTNERSHIP TRACT, FROM WHICH A 1/2- INCH IRON ROD FOUND WITH A CAP STAMPED "SARTIN 3694" BEARS NORTH 83°16'09" EAST, A DISTANCE OF 3.65 FEET;

THENCE SOUTH 88°27'06" WEST, A DISTANCE OF 118.91 FEET TO A PK-NAIL FOUND IN MAJORS ROAD AT THE SOUTH COMMON CORNER OF SAID WCH FAMILY PARTNERSHIP TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO BILLY WAYNE TURNER, RECORDED IN INSTRUMENT NO. 2017-00006509, D.R.G.C.T.;

THENCE NORTH 40°07'29" WEST, ALONG SAID MAJORS ROAD AND THE COMMON LINE OF SAID WCH PARTNERSHIP TRACT AND SAID TURNER TRACT, A DISTANCE OF 376.00 FEET TO A MAG NAIL SET FOR CORNER IN SAID MAJORS ROAD;

THENCE NORTH 24°15'14" WEST, LEAVING THE COMMON LINE OF SAID WCH FAMILY PARTNERSHIP TRACT AND SAID TURNER TRACT, A DISTANCE OF 215.66 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR CORNER ON THE WESTERLY SIDE OF SAID MAJORS ROAD;

THENCE NORTH 00°03'20" WEST, CONTINUING ALONG SAID WEST SIDE OF MAJORS ROAD, A DISTANCE OF 206.05 FEET TO A 1/2-INCH IRON ROD FOUND AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID KERNS TRACT;

THENCE NORTH 01°09'57" EAST, CONTINUING ALONG SAID WEST SIDE OF MAJORS ROAD AND PASSING AT A DISTANCE OF 50.95 FEET THE NORTHWEST CORNER OF SAID KERNS TRACT, PASSING AGAIN AT A DISTANCE OF 170.27 FEET A 1/2-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO LC. ACHIMON AND WIFE DONNITA ACHIMON, RECORDED IN VOLUME 2697, PAGE 690, D.R.G.C.T. AND A TRACT OF LAND DESCRIBED IN DEED TO DEANNA M. BUNCH, RECORDED IN VOLUME 4588, PAGE 799, D.R.G.C.T., AND CONTINUING ALONG THE COMMON LINE OF SAID WCH FAMILY PARTNERSHIP TRACT AND SAID BUNCH TRACT FOR A TOTAL DISTANCE OF 550.82 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE NORTHWEST CORNER OF SAID WCH FAMILY PARTNERSHIP TRACT RECORDED IN VOLUME 5188, PAGE 153;

THENCE NORTH 89°43'01" EAST, LEAVING THE COMMON LINE OF SAID WCH FAMILY PARTNERSHIP TRACT AND SAID BUNCH TRACT, A DISTANCE OF 22.30 FEET TO A MAG NAIL SET NEAR THE APPROXIMATE CENTERLINE OF SAID MAJORS ROAD AT THE SOUTHWEST CORNER OF SAID WCH FAMILY PARTNERSHIP TRACT RECORDED IN 5188, PAGE 159;

THENCE NORTH 00°12'54" EAST, ALONG SAID APPROXIMATE CENTERLINE, A DISTANCE OF 1,312.29 FEET TO THE POINT OF BEGINNING AND CONTAINING 5,517,945 SQUARE FEET OR 126.675 ACRES OF LAND, MORE OR LESS. SAVE AND EXCEPT:

BEING A TRACT OF LAND LOCATED IN THE SAMUEL PRUITT SURVEY, ABSTRACT NO. 956, GRAYSON COUNTY, TEXAS AND BEING ALL OF A TRACT OF LAND DESCRIBED IN DEED TO GEORGE M. KERNS AND WIFE, DIANA SUE KERNS, RECORDED IN VOLUME 1304, PAGE 793, DEED RECORDS, GRAYSON COUNTY, TEXAS (D.R.G.C.T.) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A 1/2-INCH IRON ROD FOUND ON THE WEST SIDE OF MAJORS ROAD AT THE NORTHWEST CORNER OF SAID KERNS TRACT AND THE MOST WESTERLY SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO WCH FAMILY PARTNERSHIP, LTD., RECORDED IN VOLUME 5188, PAGE 153, D.R.G.C.T.;

THENCE SOUTH 81°42'03" EAST, ALONG THE COMMON LINE OF SAID KERNS TRACT AND SAID WCH FAMILY PARTNERSHIP TRACT, A DISTANCE OF 864.10 FEET TO A CALCULATED POINT FOR CORNER;

THENCE SOUTH 09°51'07" WEST, CONTINUING ALONG SAID COMMON LINE AND PASSING A 1/2-INCH IRON ROD FOUND AT A DISTANCE OF 210.52 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF 210.88 FEET TO A CALCULATED POINT AT THE SOUTH COMMON CORNER OF SAID KERNS TRACT AND SAID WCH FAMILY PARTNERSHIP TRACT;

THENCE NORTH 80°08'23" WEST, LEAVING SAID COMMON LINE AND ALONG THE SOUTH LINE OF SAID KERNS TRACT, PASSING AT A DISTANCE OF 370.79 FEET A WOOD FENCE POST FOUND AT THE CALLED NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO RICKFORD B. STILL AND MARTHA A. STILL, RECORDED IN VOLUME 3435, PAGE 152, D.R.G.C.T., AND CONTINUING FOR A TOTAL DISTANCE OF 371.96 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET IN THE EAST LINE OF A SECOND TRACT DESCRIBED IN SAID DEED TO WCH FAMILY PARTNERSHIP TRACT AT THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID KERNS TRACT;

THENCE NORTH 01°17'18" EAST, ALONG THE COMMON LINE OF SAID KERNS TRACT AND SAID WCH FAMILY PARTNERSHIP TRACT, A DISTANCE OF 178.17 FEET TO A CALCULATED POINT FOR CORNER;

THENCE NORTH 85°02'11" WEST, CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF 459.27 FEET TO A 1/2-INCH IRON ROD FOUND ON THE WEST SIDE OF MAJORS ROAD AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID KERNS TRACT;

THENCE NORTH 01°09'57" EAST, ALONG THE WEST LINE OF SAID KERNS TRACT, A DISTANCE OF 50.95 FEET TO THE POINT OF BEGINNING AND CONTAINING 96,752 SQUARE FEET OR 2.221 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, 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 and accomplished.

SECTION 4. (a) If this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 7912A, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7912A.0306 to read as follows:

Sec. 7912A.0306. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.

(b) This section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c), Article I, Texas Constitution.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 2207 passed the Senate on May 5, 2021, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 2207 passed the House on May 14, 2021, by the following vote: Yeas 106, Nays 39, two present not voting.

______________________________ Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor