By: Price (Senate Sponsor - Sparks, et al.) H.B. No. 5355
         (In the Senate - Received from the House May 3, 2023;
  May 4, 2023, read first time and referred to Committee on Local
  Government; May 10, 2023, reported favorably by the following
  vote:  Yeas 9, Nays 0; May 10, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to the creation of the Prairie View Municipal Management
  District No. 1; 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 3939 to read as follows:
  CHAPTER 3939. PRAIRIE VIEW MUNICIPAL MANAGEMENT DISTRICT NO. 1
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3939.0101.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Amarillo.
               (3)  "Director" means a board member.
               (4)  "District" means the Prairie View Municipal
  Management District No. 1.
               (5)  "Rail facilities" includes all real and personal
  property owned or held by the district for railroad purposes,
  including land, interests in land, structures, easements, rail
  lines, stations, platforms, rolling stock, garages, equipment, and
  other facilities necessary or convenient for the operation of those
  facilities.
         Sec. 3939.0102.  NATURE OF DISTRICT. The Prairie View
  Municipal Management District No. 1 is a special district created
  under Section 59, Article XVI, Texas Constitution.
         Sec. 3939.0103.  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. 3939.0104.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
  (a) All land and other property included in the district will
  benefit from the improvements and services to be provided by the
  district under powers conferred by Sections 52 and 52-a, Article
  III, and Section 59, Article XVI, Texas Constitution, and other
  powers granted under this chapter.
         (b)  The district is created to serve a public use and
  benefit.
         (c)  The creation of the district is in the public interest
  and is essential to further the public purposes of:
               (1)  developing and diversifying the economy of the
  state;
               (2)  eliminating unemployment and underemployment; and
               (3)  developing or expanding transportation and
  commerce.
         (d)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, potential employees, employees, visitors,
  and consumers in the district, and of the public;
               (2)  provide needed funding for the district to
  preserve, maintain, and enhance the economic health and vitality of
  the district territory as a community and business center;
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways and by landscaping and
  developing certain areas in the district, which are necessary for
  the restoration, preservation, and enhancement of scenic beauty;
  and
               (4)  provide for water, wastewater, drainage, road,
  rail, 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. 3939.0105.  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. 3939.0106.  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. 3939.0107.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3939.0108.  CONSTRUCTION OF CHAPTER. This chapter
  shall be liberally construed in conformity with the findings and
  purposes stated in this chapter.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3939.0201.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five elected directors who serve staggered
  terms of four years.
         (b)  Directors are elected in the manner provided by
  Subchapter D, Chapter 49, Water Code.
         Sec. 3939.0202.  COMPENSATION; EXPENSES. (a) The district
  may compensate each director in an amount not to exceed $150 for
  each board meeting. The total amount of compensation for each
  director in one year may not exceed $7,200.
         (b)  A director is entitled to reimbursement for necessary
  and reasonable expenses incurred in carrying out the duties and
  responsibilities of the board.
         Sec. 3939.0203.  INITIAL DIRECTORS. (a) The initial board
  consists of the following directors:
 
Pos. No. Name of Director
 
1 Craig Cooper
 
2 David Grotegut
 
3 Debra McCart Montgomery
 
4 Ben Weinheimer
 
5 Heath Wilson
         (b)  Of the initial directors, the terms of directors
  appointed for positions one through three expire June 1, 2025, and
  the terms of directors appointed for positions four and five expire
  June 1, 2027.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3939.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3939.0302.  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. 3939.0303.  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. 3939.0304.  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. 3939.0305.  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. 3939.0306.  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. 3939.0307.  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. 3939.0308.  ADDING OR EXCLUDING LAND. The district may
  add or exclude land in the manner provided by Subchapter J, Chapter
  49, Water Code, or by Subchapter H, Chapter 54, Water Code.
         Sec. 3939.0309.  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. 3939.0310.  RAIL FACILITIES.  The district may
  construct, acquire, improve, maintain, finance, and operate rail
  facilities and improvements for freight, commuter, or other rail
  purposes.
         Sec. 3939.0311.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. ASSESSMENTS
         Sec. 3939.0401.  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. 3939.0402.  ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
  The board by resolution may impose and collect an assessment for any
  purpose authorized by this chapter in all or any part of the
  district.
         (b)  An assessment, a reassessment, or an assessment
  resulting from an addition to or correction of the assessment roll
  by the district, penalties and interest on an assessment or
  reassessment, an expense of collection, and reasonable attorney's
  fees incurred by the district:
               (1)  are a first and prior lien against the property
  assessed;
               (2)  are superior to any other lien or claim other than
  a lien or claim for county, school district, or municipal ad valorem
  taxes; and
               (3)  are the personal liability of and a charge against
  the owners of the property even if the owners are not named in the
  assessment proceedings.
         (c)  The lien is effective from the date of the board's
  resolution imposing the assessment until the date the assessment is
  paid. The board may enforce the lien in the same manner that the
  board may enforce an ad valorem tax lien against real property.
         (d)  The board may make a correction to or deletion from the
  assessment roll that does not increase the amount of assessment of
  any parcel of land without providing notice and holding a hearing in
  the manner required for additional assessments.
  SUBCHAPTER E. TAXES AND BONDS
         Sec. 3939.0501.  TAX ELECTION REQUIRED. (a)  The district
  must hold an election in the manner provided by Chapter 49, Water
  Code, or, if applicable, Chapter 375, Local Government Code, to
  obtain voter approval before the district may impose an ad valorem
  tax.
         (b)  Section 375.243, Local Government Code, does not apply
  to the district.
         Sec. 3939.0502.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized by a majority of the district voters voting at an
  election under Section 3939.0501, 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. 3939.0503.  AUTHORITY TO BORROW MONEY AND TO ISSUE
  BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
  terms determined by the board.
         (b)  The district may issue bonds, notes, or other
  obligations payable wholly or partly from ad valorem taxes,
  assessments, impact fees, revenue, contract payments, grants, or
  other district money, or any combination of those sources of money,
  to pay for any authorized district purpose.
         Sec. 3939.0504.  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. 3939.0505.  BONDS SECURED BY AD VALOREM TAXES;
  ELECTIONS. (a) If authorized at an election under Section
  3939.0501, 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. 3939.0506.  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. 3939.0901.  DISSOLUTION. (a) The board shall dissolve
  the district on written petition filed with the board by the owners
  of:
               (1)  66 percent or more of the assessed value subject to
  assessment by the district of the property in the district based on
  the most recent certified county property tax rolls; or
               (2)  66 percent or more of the surface area of the
  district, excluding roads, streets, highways, utility
  rights-of-way, other public areas, and other property exempt from
  assessment by the district according to the most recent certified
  county property tax rolls.
         (b)  The district may not be dissolved if the district:
               (1)  has any outstanding bonded or other indebtedness
  until that bonded or other indebtedness has been repaid or defeased
  in accordance with the order or resolution authorizing the issuance
  of the bonded or other indebtedness;
               (2)  has a contractual obligation to pay money until
  that obligation has been fully paid in accordance with the
  contract; or
               (3)  owns, operates, or maintains public works,
  facilities, or improvements unless the district has contracted with
  another party for the ownership and operation or maintenance of the
  public works, facilities, or improvements.
         (c)  Section 375.262, Local Government Code, does not apply
  to the district.
         SECTION 2.  The Prairie View Municipal Management District
  No. 1 initially includes all territory contained in the following
  area:
         (a)  A 621.87 acre tract of land out of Sections 30 and 31,
  Block 2, A. B. & M. Survey, Potter County, Texas, and more
  particularly described as follows:
         BEGINNING at a Gresham Aluminum Cap found on the east
  right-of-way line of Spur 228 same being the southwest corner of
  said Section 30 for a corner of this tract.
         THENCE N. 00° 11' 35" E., along said east right-of-way line, a
  distance of 4161.54 feet to a/2" iron rod with a yellow cap
  inscribed "RPLS 4263" (such type cap and rod hereafter referred to
  as an OJD Cap) set on said east right-of-way line for the most
  westerly northwest corner of this tract.
         THENCE N. 87° 28' 24" E., continuing along said right-of-way
  line, a distance of 1.08 feet to a Gresham Aluminum Cap found for an
  angle corner of this tract.
         THENCE N. 40° 07' 53" E., along said right-of-way line, a
  distance of 116.08 feet to TxDot Brass Cap Monument found on the
  south right-of-way line of Interstate Highway No. 40 for the most
  northerly northwest corner of this tract.
         THENCE N. 80° 18' 54" E., along said south right-of-way line,
  a distance of 286.20 feet to a Gresham Aluminum Cap found on said
  south right-of-way line for an angle corner of this tract.
         THENCE N. 80° 18' 37" E., continuing along said south
  right-of-way line, a distance of 300.34 feet to a Gresham Aluminum
  Cap found on said south right-of-way line for an angle corner of
  this tract.
         THENCE N. 69° 11' 51" E., continuing along said south
  right-of-way line, a distance of 102.08 feet to a Gresham Aluminum
  Cap found on said south right-of-way line for an angle corner of
  this tract.
         THENCE N. 80° 26' 43" E., continuing along said south
  right-of-way line, a distance of 3052.07 feet to a Gresham Aluminum
  Cap found on said south right-of-way line same being the beginning
  of a curve to the right for a corner of this tract.
         THENCE in a northeasterly direction along said curve to the
  right and said south right-of-way line with a radius equal to
  5579.58 feet, a long chord bearing of N. 82° 11' 05" E. and a long
  chord distance of 338.73 feet, a curve distance of 338.78 feet to a
  Gresham Aluminum Cap found at the end of said curve to the right
  same being on said south right-of-way line for a corner of this
  tract.
         THENCE S. 83° 50' 20" E., continuing along said south
  right-of-way line, a distance of 99.24 feet to a Gresham Aluminum
  Cap found at the beginning of a curve to the right for an angle
  corner of this tract.
         THENCE in a northeasterly direction along said curve to the
  right and said south right-of-way line with a radius equal to
  5559.58 feet, a long chord bearing of N. 87° 00' 13" E. and a long
  chord distance of 409.59 feet, a curve distance of 409.68 feet to a
  Gresham Aluminum Cap found on said curve to the right same being on
  said south right-of-way line for the most northerly northeast
  corner of this tract.
         THENCE S. 00° 17' 53" E. a distance of 1324.32 feet to a
  Gresham Aluminum Cap found for an ell corner of this tract.
         THENCE S. 89° 43' 42" E. a distance of 660.15 feet to a Gresham
  Aluminum Cap found on the west right-of-way line of F.M. Highway
  No. 1912 for the most easterly northeast corner of this tract.
         THENCE S. 00° 17' 55" W., along said west right-of-way line, a
  distance of 2296.12 feet to a Gresham Aluminum Cap found on said
  west right-of-way line for an angle corner of this tract.
         THENCE S. 00° 30' 16" E., continuing along said west
  right-of-way line, a distance of 249.29 feet to a Gresham Aluminum
  Cap found on said west right-of-way line for an ell corner of this
  tract.
         THENCE S. 89° 52' 38" W. a distance of 788.09 feet to a Gresham
  Aluminum Cap found for an ell corner of this tract.
         THENCE S. 00° 06' 07" W. a distance of 2131.04 feet to a
  Gresham Aluminum Cap found for an ell corner of this tract.
         THENCE S. 80° 34' 32" E. a distance of 789.43 feet to a Gresham
  Aluminum Cap found on said west right-of-way line for an ell corner
  of this tract.
         THENCE S. 01° 23' 32" W., along said west right-of-way line, a
  distance of 222.12 feet to a Gresham Aluminum Cap found at the
  intersection of said west right-of-way line and the northerly
  right-of-way line of B. S. N. F. Railroad the southeast corner of
  this tract.
         THENCE N. 80° 33' 44" W., along said northerly right-of-way
  line, a distance of 5315.27 feet to a Gresham Aluminum Cap found on
  said east right-of-way line of said Spur 228 for the southwest
  corner of this tract.
         THENCE N. 00° 11' 35" E., along said east right-of-way line, a
  distance of 536.60 feet to the place of BEGINNING and containing
  621.87 acres of land.
         (b)  An 11.30 acre± tract of land in Section 37, Block 2, A.B. &
  M. Survey, Potter County, Texas and being all of a 6.3 acre and a
  5.00 acre tract of land as described in that certain instrument of
  conveyance recorded under Clerk's File No. 2020OPR0012200 of the
  Official Public Records of Potter County, Texas. Said 11.30 acre±
  tract of land having been surveyed on the ground by Furman Land
  Surveyors, Inc. on March 28, 2022 and being more particularly
  described by metes and bounds as follows:
         COMMENCING at a 2 inch iron pipe found as called for at the
  Northeast corner of said Section 37, Block 2, A.B. & M. Survey,
  Potter County, Texas;
         THENCE South 00° 04' 30" West (base line) along the East line
  of said Section 37, a distance of 2782.61 feet to a point, from
  whence a 2 inch iron pipe found as called for at the Southeast
  corner of said Section 37 bears South 00° 04' 30" West, 2495.32 feet;
         THENCE North 89° 55' 30" West, 119.69 feet to a 1/2 inch iron
  rod found as called for in the West monumented right-of-way line of
  Spur 228 (Volume 826, Page 117), same point being the most Easterly
  Northeast corner of a 365.69 acre tract of land as described in that
  certain instrument of conveyance recorded in Volume 3753, Page 786
  of the Official Public Records of Potter County, Texas and also
  being the Southeast corner of the herein described tract of land,
  from whence a 5/8 inch iron rod with cap stamped "RPLS 5437" found
  as called for at the Southeast corner of said 365.69 acre tract of
  land bears South 00° 04' 35" West, 3018.41 feet;
         THENCE South 85° 34' 44" West, 652.59 feet to a 1/2 inch iron
  rod found as called for, same point being an interior jog corner of
  said 365.69 acre tract of land and alsot being the Southwest corner
  of this tract of land;
         THENCE North 00° 03' 09" East, 726.94 feet to a 1/2 inch iron
  rod found as called for at the Southwest corner of a 4.92 acre tract
  of land as described in that certain instrument of conveyance
  recorded under Clerk's File No. 1302993 of the Official Public
  Records of Potter County, Texas, same point being the Northwest
  corner of this tract of land;
         THENCE North 80° 28' 11" East, 660.12 feet to a 1/2 inch iron
  rod found in the West monumented right-of-way line of said Spur 228
  at the Southeast corner of said 4.92 acre tract of land, same point
  being the Northeast corner of this tract of land;
         THENCE South 00° 04' 30" West, 785.93 feet to the PLACE OF
  BEGINNING and containing a computed area of 11.30 acres of land,
  more or less.
         (c)  A 365.72 acre tract of land out of Sections 36 and 37,
  Block 2, A. B. & M. Survey, Potter County,
         BEGINNING at an RPLS 5437 Cap found at the intersection of the
  west right-of-way line of Spur 228 and the northerly right-of-way
  line of B. N. S. F. Railroad which bears S. 00° 11' 36" W. a distance
  of 517.52 feet and / N. 89° 48' 07" W. a distance of 119.94 feet from
  a Gresham Aluminum Cap found at the southeast corner of said Section
  37 for the southeast corner of this tract.
         THENCE N. 80° 33 36" W., along said northerly right-of-way at
  3247.33 feet pass an RPLS 5437 Cap found, a total distance of
  5272.06 feet to an RPLS 5437 Cap found at the intersection said
  northerly right-of-way line and said east right-of-way line of
  Parsley Road for the southwest corner of this tract.
         THENCE N. 89° 54' 23" E. a distance of 329.88 feet to a Miller
  Cap found for an ell corner of this tract.
         THENCE N. 00° 14' 24" E., along said east right-of-way line, a
  distance of 734.90 feet to an RPLS 5437 Cap found at the
  intersection of said east right-of-way line and the southerly
  right-of-way line of Interstate Highway No. 40 for the northwest
  corner of this tract.
         THENCE N. 44° 26' 23" E., along said southerly right-of-way
  line, a distance of 2938.45 feet to a TxDot Brass Cap Monument found
  on said southerly right-of-way line same being at the beginning of a
  curve to the right for a corner of this tract.
         THENCE in a northeasterly direction along said curve to the
  right and said northerly right-of-way line with a radius equal to
  2714.79 feet, a long chord bearing of N. 62° 26 41" E. and a long
  chord distance of 1677.93 feet, a curve distance of 1705.86 feet to
  a TxDot Brass Cap Monument found at the end of said curve to the
  right same being on said northerly right-of-way line for a corner of
  this tract.
         THENCE N. 80° 27' 32" E., continuing along said northerly
  right-of-way line, a distance of 674.08 feet to a TxDot Brass Cap
  Monument found for an angle corner of this tract.
         THENCE S. 88° 11' 57" E., along said northerly right-of-way
  line, a distance of 101.95 feet to a TxDot Brass Cap Monument found
  for an angle corner of this tract.
         THENCE N. 80° 24' 46" E., along said northerly right-of-way
  line, a distance of 174.69 feet to a Keys Cap found for the most
  northerly northeast corner of this tract.
         THENCE S. 00° 14' 15" W. a distance of 599.85 feet to a Keys
  Cap found for an ell corner of this tract.
         THENCE N. 79° 14' 13" E. a distance of 80.47 feet to a Furman
  Cap found for an ell corner of this tract.
         THENCE S. 00° 10' 13" W. a distance of 1056.85 feet to an RPLS
  5437 Cap found for an ell corner of this tract.
         THENCE N. 85° 41' 53" E. a distance of 652.72 feet to a 1/2"
  iron rod found on the west right-of-way line of Spur 228 for the
  most easterly northeast corner of this tract.
         THENCE S. 00° 12 04" W., along said west right-of-way line, a
  distance of 3018.76 feet to the place of BEGINNING and containing
  365.72 acres of land.
         (d)  A 22.51+/- acre tract of land being a portion of the
  39.51+/- acre remainder of those certain tracts of land out of
  Sections 30 and 31, Block 2, A.B. & M. Survey, Potter County, Texas,
  being described in Volume 968, Page 575 of the Deed Records of
  Potter County, Texas, said 22.51+/- acre tract of land having been
  surveyed on the ground on May 6, 2022 by Furman Land Surveyors, Inc.
  and being described by metes and bounds as follows:
  BEGINNING at a 1/2 inch iron rod with aluminum cap stamped "Gresham &
  Associates, Inc. PLS 1939" found, as called for, in the West
  Right-of-Way line of F.M. Highway 1912 for a corner of that certain
  418.350 acre tract of land being described in that certain
  instrument recorded in Volume 3564, Page 462 of the Official Public
  Records of Potter County, Texas, same being the Southeast corner of
  this tract of land;
  THENCE N. 80° 39' 02" W. 789.36 feet along the South line of said
  39.51+/- acre remainder tract to a 1/2 inch iron rod with aluminum
  cap stamped "Gresham & Associates, Inc. PLS 1939" found as called
  for the Southwest corner of said 39.51+/- acre remainder tract,
  same being the Southwest corner of this tract of land;
  THENCE N. 00° 01' 05" E. 1055.30 feet along the West line of said
  39.51+/- acre remainder tract to a 1/2 inch iron rod with cap
  stamped "FURMAN PRLS" set for the Southwest corner of that certain
  17.00+/- acre tract of land surveyed simultaneously, same being the
  Northwest corner of this tract of land, from whence a 1/2 inch iron
  rod with aluminum cap stamped "Gresham & Associates, Inc. PLS 1939"
  found as called for the Northwest corner of said 39.51+/- acre
  remainder tract bears N. 00° 01' 05" E. 1075.86 feet;
  THENCE S. 89° 43' 55" E. 527.49 feet to a 1/2 inch iron rod with cap
  stamped "FURMAN RPLS" set for an interior corner of this tract of
  land;
  THENCE N. 00° 54' 59" W. 418.00 feet to a 1/2 inch iron rod with cap
  stamped "FURMAN RPLS" set for a jog corner of this tract of land;
  THENCE S. 86° 48' 36" E. 265.00 feet to a 1/2 inch iron rod with cap
  stamped "FURMAN RPLS" set in the West Right-of-Way line of said F.M.
  Highway 1912 for the Southeast corner of said 17.00+/- acre tract of
  land surveyed simultaneously, same being the Northeast corner of
  this tract of land, from whence a 1/2 inch iron rod with aluminum
  cap stamped "Gresham & Associates, Inc. PLS 1939" found as called a
  corner of said 39.51+/- acre remainder tract bears N. 00° 14' 51" E.
  (Base line) 677.00 feet;
  THENCE S. 00° 14' 51" W. 1584.28 feet along the West Right-of-Way
  line of said F.M. Highway 1912 to the PLACE OF BEGINNING and
  containing 22.51 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, 2023.
 
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