Relating to the creation of the Fannin County Improvement District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

89(R) HB 5694 - Senate Committee Report version - Bill Text

By: Luther (Senate Sponsor - Hughes)

H.B. No. 5694

(In the Senate - Received from the House May 19, 2025;

May 21, 2025, read first time and referred to Committee on Local

Government; May 23, 2025, reported favorably by the following

vote: Yeas 6, Nays 0, 1 present not voting; May 23, 2025, sent to

printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Fannin County Improvement 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 4205 to read as follows:

CHAPTER

4205. FANNIN COUNTY IMPROVEMENT DISTRICT NO.

1

SUBCHAPTER A.

GENERAL PROVISIONS

Sec. 4205.0101. DEFINITIONS. In this chapter:

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

(2) "County" means Fannin County.

(3) "Director" means a board member.

(4)

"District" means the Fannin County Improvement

District No.

1.

Sec.

4205.0102.

NATURE OF DISTRICT. The Fannin County

Improvement District No.

1 is a special district created under

Section 59, Article XVI, Texas Constitution.

Sec.

4205.0103.

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 county

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 county 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 county services provided in the

district.

Sec.

4205.0104.

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, 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.

4205.0105.

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.

4205.0106.

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.

4205.0107.

APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec.

4205.0108.

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.

4205.0201.

GOVERNING BODY; TERMS.

(a)

The district is

governed by a board of five voting directors elected or appointed as

provided by this chapter and Subchapter D, Chapter 49, Water Code.

(b)

Except as provided by Section 4205.0203, voting

directors serve staggered four-year terms.

Sec.

4205.0202.

COMPENSATION. (a) A director is entitled

to receive fees of office and reimbursement for actual expenses as

provided by Section 49.060, Water Code.

(b)

Sections 375.069 and 375.070, Local Government Code, do

not apply to the board.

Sec.

4205.0203.

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 according to the most recent certified tax appraisal roll

for the county may submit a petition to the Texas Commission on

Environmental Quality requesting that the commission appoint as

temporary voting directors the five persons named in the petition.

The commission shall appoint as temporary voting directors the five

persons named in the petition.

(b)

The temporary voting or successor temporary voting

directors shall hold an election to elect five permanent voting

directors as provided by Section 4205.0201.

(c) Temporary voting directors serve until the earlier of:

(1)

the date permanent voting directors are elected

under Subsection (b); or

(2)

the fourth anniversary of the effective date of

the Act enacting this chapter.

(d)

If permanent voting directors have not been elected

under Subsection (b) and the terms of the temporary voting

directors have expired, successor temporary voting directors shall

be appointed or reappointed as provided by Subsection (e) to serve

terms that expire on the earlier of:

(1)

the date permanent voting directors are elected

under Subsection (b); or

(2)

the fourth anniversary of the date of the

appointment or reappointment.

(e)

If Subsection (d) applies, the owner or owners of a

majority of the assessed value of the real property in the district

according to the most recent certified tax appraisal roll for the

county may submit a petition to the Texas Commission on

Environmental Quality requesting that the commission appoint as

successor temporary voting directors the five persons named in the

petition.

The commission shall appoint as successor temporary

voting directors the five persons named in the petition.

Sec.

4205.0204.

NONVOTING DIRECTORS. The board may appoint

nonvoting directors to serve at the pleasure of the voting

directors.

Sec.

4205.0205.

QUORUM. For purposes of determining the

requirements for a quorum of the board, the following are not

counted:

(1)

a board position vacant for any reason, including

death, resignation, or disqualification;

(2)

a director who is abstaining from participation in

a vote because of a conflict of interest; or

(3) a nonvoting director.

SUBCHAPTER C. POWERS AND DUTIES

Sec.

4205.0301.

GENERAL POWERS AND DUTIES. The district

has the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec.

4205.0302.

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.

4205.0303.

LAW ENFORCEMENT SERVICES. To protect the

public interest, the district may contract with a qualified party,

including the county, to provide law enforcement services in the

district for a fee.

Sec.

4205.0304.

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.

4205.0305.

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.

4205.0306.

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.

4205.0307.

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.

4205.0308.

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.

4205.0309.

NAVIGATION DISTRICT POWERS. (a) The

district has the powers provided by the general law of this state

applicable to navigation districts created under Section 59,

Article XVI, Texas Constitution, including Chapters 60 and 62,

Water Code.

(b)

The district may purchase, construct, acquire, own,

operate, maintain, improve, or extend, inside and outside the

district, a canal, waterway, bulkhead, dock, or other improvement

or facility necessary or convenient to accomplish the navigation

purposes of the district.

Sec.

4205.0310.

NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

SUBCHAPTER D. ASSESSMENTS

Sec.

4205.0401.

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.

4205.0402.

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.

4205.0501.

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.

4205.0502.

OPERATION AND MAINTENANCE TAX. (a) If

authorized by a majority of the district voters voting at an

election under Section 4205.0501, 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.

4205.0503.

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.

4205.0504.

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.

4205.0505.

BONDS SECURED BY AD VALOREM TAXES;

ELECTIONS. (a) If authorized at an election under Section

4205.0501, 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.

4205.0506.

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 as

required by applicable law.

(b)

This section applies only to the district's first

issuance of bonds payable from ad valorem taxes.

SUBCHAPTER I. DISSOLUTION

Sec.

4205.0901.

DISSOLUTION. (a) The board shall dissolve

the district on written petition filed with the board by the owners

of at least two-thirds of the assessed value of the property subject

to assessment or taxation by the district based on the most recent

certified county property tax rolls.

(b)

The board by majority vote may dissolve the district at

any time.

(c)

The district may not be dissolved by its board under

Subsection (a) or (b) if the district:

(1)

has any outstanding bonded indebtedness until that

bonded indebtedness has been repaid or defeased in accordance with

the order or resolution authorizing the issuance of the bonds;

(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 contracts with

another person for the ownership, operation, or maintenance of the

public works, facilities, or improvements.

(d)

Sections 375.261, 375.262, and 375.264, Local

Government Code, do not apply to the district.

SECTION 2. The Fannin County Improvement District No. 1

initially includes all territory contained in the following area:

BEING a 337.65 acre (14,707,855 square feet) tract of land,

situated in the Daniel Davis Survey, Abstract No. 269, John Nail

Survey, Abstract No. 842, William Perrin Survey, Abstract No. 873

and the William Lewis Survey, Abstract No. 649, Fannin County

Texas, and being part of a called 56.605 acre tract of land referred

to as Johnson Family Trust (Tract Ten "Parcel J"), part of a called

57.544 acre tract, (Tract Ten "Parcel I"), part of a called 76 acre

tract, (Tract Ten "Parcel A"), all of a called 39.5 acre tract

(Tract 10 "Parcel B"), part of a called 66.050 acre tract (Tract 10

"Parcel F"), all of a called 55 acre tract (Tract Fourteen), all of

a called 52 acre tract, (Tract Twelve "Parcel B"), all of a called

50 acre tract (Tract Twelve "Parcel C"), part of a called 50 acre

tract (Tract Twelve "Parcel D"), all of a called 2-1/2 acre tract

(Tract Twelve "Parcel E"), described in a Warranty Deed to Loyd D.

Johnson Family Limited Partnership No. One, a Texas Limited

Partnership, as recorded in Volume 1775, Page 129 of the Deed

Records of Fannin County, Texas (D.R.F.C.T.), and being more

particularly described by metes and bounds as follows:

BEGINNING at a 1-1/4-inch steel pipe with a 3-1/4-inch

aluminum disk stamped "RPS 2474" found (herein referred to as a pipe

monument) for the northeast corner of called 35.178 acre tract of

land described in a Warranty Deed to the United States of America

(herein referred to as U.S.A.), as recorded in Volume 247, Page 76,

D.R.F.C.T., same being an interior Ell corner of said Johnson

Family Trust (Tract Ten "Parcel I");

THENCE South 88 degrees 52 minutes 16 seconds West, along the

south line of said Johnson Family Trust (Tract Ten "Parcel I") and

the north line of said 35.178 acre U.S.A. tract, passing at a

distance of 88.12 feet the southwest corner of said Johnson Family

Trust (Tract Ten "Parcel I"), same being the southeast corner of

said Johnson Family Trust (Tract Ten "Parcel J"), continuing for a

total distance of 670.00 feet to a 5/8-inch iron rod with yellow

plastic cap stamped "CP&Y" found for corner;

THENCE North 47 degrees 29 minutes 54 seconds East, departing

the north line of said 35.178 acre U.S.A. tract, over and across

said Johnson Family Trust (Tract Ten "Parcel J") a distance of

756.80 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"CP&Y" found for corner;

THENCE South 62 degrees 33 minutes 08 seconds East,

continuing over and across said Johnson Family Trust (Tract Ten

"Parcel J"), passing at a distance of 16.71 feet the common east

line of said Johnson Family Trust (Tract Ten "Parcel J") and the

west line of said Johnson Family Trust (Tract Ten "Parcel I")

continuing for a distance of 1,038.07 feet to a 5/8-inch iron rod

with yellow plastic cap stamped "CP&Y" found for corner;

THENCE continuing over and across said Johnson Family Trust

(Tract Ten "Parcel I"), the following eight (8) courses and

distances:

1. South 16 degrees 54 minutes 07 seconds East, a distance of

244.25 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"CP&Y" found for corner;

2. South 88 degrees 41 minutes 43 seconds East, a distance of

177.59 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"CP&Y" found for corner;

3. North 41 degrees 45 minutes 40 seconds East, a distance of

242.19 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"CP&Y" found for corner;

4. North 83 degrees 58 minutes 10 seconds East, a distance of 45.49

feet to a 5/8-inch iron rod with yellow plastic cap stamped "STV"

set for corner;

5. South 00 degrees 47 minutes 41 seconds East, a distance of

190.22 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"STV" set for corner;

6. South 06 degrees 53 minutes 05 seconds East, a distance of

485.74 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"STV" set for corner;

7. South 15 degrees 01 minutes 17 seconds East, a distance of

216.44 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"STV" set for corner;

8. South 11 degrees 55 minutes 51 seconds West, a distance of

244.03 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"STV" set for corner in the south line of said Johnson Family Trust

(Tract Ten "Parcel I") and the north line of a called 12.043 acre

tract of land described in a Warranty Deed to the United States of

America, as recorded in Volume 247, Page 77, D.R.F.C.T;

THENCE South 89 degrees 37 minutes 00 seconds West, along the

common south line of said Johnson Family Trust (Tract Ten "Parcel

I") and the north line of said 12.043 acre U.S.A. tract, a distance

of 958.57 feet to a pipe monument found for an Ell corner of said

Johnson Family Trust (Tract Ten "Parcel I") and the northwest

corner of said 12.043 acre U.S.A. tract, same being in the east line

of said Johnson Family Trust (Tract Fourteen);

THENCE South 00 degrees 20 minutes 47 seconds West, along the

common east line of said Johnson Family Trust (Tract Fourteen) and

the west line of said 12.043 acre U.S.A. tract, a distance of 522.81

feet to a pipe monument found for the southwest corner of said

12.043 acre U.S.A. tract and the most westerly northwest corner of

said Johnson Family Trust (Tract Ten "Parcel A");

THENCE North 89 degrees 57 minutes 52 seconds East, along the

south line of said 12.043 acre U.S.A. tract and the north line of

said Johnson Family Trust (Tract Ten "Parcel A"), a distance of

929.80 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"STV" set for corner;

THENCE departing the south line of said 12.043 acre U.S.A.

tract, over and across said Johnson Family Trust (Tract Ten "Parcel

A"), the following seven (7) courses and distances:

1. South 08 degrees 18 minutes 56 seconds West, a distance of

514.40 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"STV" set for corner at the beginning of a non-tangent curve to the

right;

2. Along said non-tangent curve to the right, having a central

angle of 32 degrees 20 minutes 26 seconds, a radius of 258.84 feet,

an arc length of 146.10 feet, and a chord bearing and distance of

South 29 degrees 16 minutes 50 seconds West, 144.17 feet to a

5/8-inch iron rod with yellow plastic cap stamped "STV" set for

corner;

3. South 44 degrees 21 minutes 55 seconds West, a distance of

290.56 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"STV" set for corner;

4. South 19 degrees 32 minutes 27 seconds East, a distance of

289.64 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"STV" set for corner;

5. South 02 degrees 32 minutes 06 seconds East, a distance of

203.28 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"STV" set for corner;

6. South 17 degrees 19 minutes 31 seconds East, a distance of

454.28 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"STV" set for corner;

7. South 43 degrees 45 minutes 41 seconds East, a distance of

352.24 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"STV" set for corner;

THENCE South 00 degrees 17 minutes 50 seconds East,

continuing over and across said Johnson Family Trust (Tract Ten

"Parcel A"), passing at a distance of 10.10 feet the south line of

said Johnson Family Trust (Tract Ten "Parcel A") and the north line

of said Johnson Family Trust (Tract 10 "Parcel B"), passing at a

distance of 881.86 feet the south line of said Johnson Family Trust

(Tract 10 "Parcel B") and the north line of said Johnson Family

Trust (Tract 10 "Parcel F"), continuing for a total distance of

892.05 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"STV" set for corner;

THENCE continuing over and across said Johnson Family Trust

(Tract 10 "Parcel F"), the following four (4) courses and

distances:

1. South 14 degrees 36 minutes 25 seconds West, a distance of

379.78 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"STV" set for corner;

2. South 23 degrees 58 minutes 53 seconds East, a distance of 64.03

feet to a 5/8-inch iron rod with yellow plastic cap stamped "STV"

set for corner;

3. South 29 degrees 52 minutes 51 seconds West, a distance of

313.84 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"STV" set for corner;

4. South 57 degrees 51 minutes 34 seconds West, a distance of

313.21 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"STV" set for corner in the south line of said Johnson Family Trust

(Tract 10 "Parcel F"), same being in the north line of a called

197.621 acre tract of land described in a General Warranty Deed to

Upper Trinity Regional Water District (herein referred to as

U.T.R.W.D.), as recorded in Volume 2140, Page 177, D.R.F.C.T.;

THENCE South 89 degrees 45 minutes 36 seconds West, along the

common south line of said Johnson Family Trust (Tract 10 "Parcel F")

and the north line of said 197.621 acre U.T.R.W.D. tract, a distance

of 1,040.82 feet to a 5/8-inch iron rod with yellow plastic cap

stamped "STV" set for the southwest corner of said Johnson Family

Trust (Tract 10 "Parcel F"), same being the southeast corner of a

called 18.669 acre tract of land described in a Warranty Deed to

Chris Johnson, as recorded in Volume 1434, Page 527, D.R.F.C.T.;

THENCE North 00 degrees 32 minutes 01 seconds East, along the

common west line of said Johnson Family Trust (Tract 10 "Parcel F")

and the east line of said 18.669 acre tract, passing at a distance

of 870.12 feet the northwest corner of said Johnson Family Trust

(Tract 10 "Parcel F") and the southwest corner of said Johnson

Family Trust (Tract 10 "Parcel B"), passing at a distance of

1,747.90 feet the northwest corner of said Johnson Family Trust

(Tract 10 "Parcel B") and an interior Ell corner of said Johnson

Family Trust (Tract Fourteen), continuing for a total distance of

1,897.56 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"STV" set for the northeast corner of said 18.669 acre tract, same

being an interior Ell corner of said Johnson Family Trust (Tract

Fourteen);

THENCE South 89 degrees 18 minutes 36 seconds West, along the

common south line of said Johnson Family Trust (Tract Fourteen) and

Johnson Family Trust (Tract Twelve "Parcel B") and the north line of

said 18.669 acre tract and a called 18.628 acre tract of land

described in a Warranty Deed to the United States of America, as

recorded in Volume 244, Page 408, D.R.F.C.T., a distance of 867.49

feet to a pipe monument found for the northwest corner of said

18.628 acre U.S.A. tract and the northeast corner of a called 9.429

acre tract of land described in a Warranty Deed to the United States

of America, as recorded in Volume 244, Page 402, D.R.F.C.T.;

THENCE North 89 degrees 34 minutes 11 seconds West, along the

common south line of said Johnson Family Trust (Tract Twelve

"Parcel B") and the north line of said 9.429 acre U.S.A. tract, a

distance of 206.43 feet to a pipe monument found for the northwest

corner of said 9.429 acre U.S.A. tract and the northeast corner of a

called 9.369 acre tract of land described in a Warranty Deed to the

United States of America, as recorded in Volume 245, Page 94,

D.R.F.C.T.;

THENCE North 87 degrees 56 minutes 14 seconds West, along the

common south line of said Johnson Family Trust (Tract Twelve

"Parcel B") and the north line of said 9.369 acre U.S.A. tract, a

distance of 214.48 feet to a pipe monument found for the northwest

corner of said 9.369 acre U.S.A. tract, same being in the east line

of a called 26.137 acre tract of land described in a General

Warranty Deed to Upper Trinity Regional Water District, as recorded

in Instrument Number 2021006457 of the Official Public Records of

Fannin County, Texas (O.P.R.F.C.T.);

THENCE along the common south line of said Johnson Family

Trust (Tract Twelve "Parcel B") and (Tract Twelve "Parcel C"), and

the north and east line of said 26.137 acre U.T.R.W.D. tract, the

following five (5) courses and distances:

1. North 00 degrees 11 minutes 07 seconds East, a distance of 19.00

feet to a 5/8-inch iron rod with yellow plastic cap stamped "CP&Y"

found for corner;

2. North 70 degrees 35 minutes 55 seconds West, a distance of

115.00 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"CP&Y" found for corner;

3. North 60 degrees 35 minutes 55 seconds West, passing at a

distance of 69.64 feet the southwest corner of said Johnson Family

Trust (Tract Twelve "Parcel B") and the southeast corner of said

Johnson Family Trust (Tract Twelve "Parcel C"), continuing for a

total distance of a distance of 100.00 feet to a 5/8-inch iron rod

with yellow plastic cap stamped "CP&Y" found for corner;

4. South 88 degrees 24 minutes 05 seconds West, a distance of

440.42 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"CP&Y" found for the northwest corner of said 26.137 acre

U.T.R.W.D. tract, being in the east line of a called 27.660 acre

tract of land described in a Warranty Deed to the United States of

America, as recorded in Volume 246, Page 183, D.R.F.C.T., from

which a 4-inch by 4-inch concrete monument with a Brass Disk stamped

"U.S. (herein referred to as concrete monument) found bears South

12 degrees 25 minutes 17 seconds East, 14.05 feet;

THENCE North 09 degrees 43 minutes 03 seconds West, along the

common south line of said Johnson Family Trust (Tract Twelve

"Parcel C") and the north line of said 27.660 acre U.S.A. tract, a

distance of 20.63 feet to a pipe monument found for corner;

THENCE North 89 degrees 43 minutes 56 seconds West,

continuing along the common south line of said Johnson Family Trust

(Tract Twelve "Parcel C") and the north line of said 27.660 acre

U.S.A. tract, passing at a distance of 487.89 feet the southwest

corner of said Johnson Family Trust (Tract Twelve "Parcel C") and

the southeast corner of said Johnson Family Trust (Tract Twelve

"Parcel D"), continuing for a total distance of 1,084.46 feet to a

5/8-inch iron rod with yellow plastic cap stamped "CP&Y" found for

the northwest corner of said 27.660 acre U.T.R.W.D. tract and the

northeast corner of a called 48.201 acre tract of land described in

a General Warranty Deed to Upper Trinity Regional Water District,

as recorded in Volume 2109, Page 234, D.R.F.C.T., a 4-inch by 4-inch

concrete monument with a Brass Disk stamped "U.S. (herein referred

to as concrete monument) found bears South 10 degrees 37 minutes 16

seconds East, 26.95 feet;

THENCE WEST, along the common south line of said Johnson

Family Trust (Tract Twelve "Parcel D") and the north line of said

48.201 acre U.T.R.W.D. tract, a distance of 812.24 feet to a

5/8-inch iron rod with yellow plastic cap stamped "CP&Y" found for

corner;

THENCE departing said common line, over and across said

Johnson Family Trust (Tract Twelve "Parcel D"), the following three

(3) courses and distances:

1. North 21 degrees 37 minutes 15 seconds East, a distance of

321.50 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"CP&Y" found for corner;

2. North 03 degrees 34 minutes 16 seconds West, a distance of

417.81 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"CP&Y" found for corner;

3. North 35 degrees 50 minutes 37 seconds East, a distance of

964.58 feet to a 5/8-inch iron rod with yellow plastic cap stamped

"CP&Y" found for corner in the north line of said Johnson Family

Trust (Tract Twelve "Parcel D") and the south line of a called

194.7128 acre tract of land described in a Warranty Deed to the

United States of America, as recorded in Volume 248, Page 516,

D.R.F.C.T.;

THENCE South 87 degrees 28 minutes 55 seconds East, along the

common north line of said Johnson Family Trust (Tract Twelve

"Parcel D") and the south line of said 194.7128 acre U.S.A. tract, a

distance of 760.75 feet to a pipe monument found for the northeast

corner of said Johnson Family Trust (Tract Twelve "Parcel D") and

the most southerly southeast corner of said 194.7128 acre U.S.A.

tract, same being in the west line of said Johnson Family Trust

(Tract Twelve "Parcel C");

THENCE North 02 degrees 01 minutes 14 seconds East, along the

west line of said Johnson Family Trust (Tract Twelve "Parcel C") and

the east line of said 194.7128 acre U.S.A. tract, passing at a

distance of 824.76 feet the northwest corner of said Johnson Family

Trust (Tract Twelve "Parcel C") and the southwest corner of said

Johnson Family Trust (Tract Twelve "Parcel E"), continuing for a

total distance of 926.21 feet to a 5/8-inch iron rod with yellow

plastic cap stamped "STV" set for the northwest corner of said

Johnson Family Trust (Tract Twelve "Parcel E") and an interior Ell

corner of said 194.7128 acre

U.S.A. tract;

THENCE North 89 degrees 37 minutes 25 seconds East, along the

common north line of said Johnson Family Trust (Tract Twelve

"Parcel E") and the south line of said 194.7128 acre U.S.A. tract,

passing at a distance of 927.81 feet the northeast corner of said

Johnson Family Trust (Tract Twelve "Parcel E") and the northwest

corner of said Johnson Family Trust (Tract Twelve "Parcel B"),

continuing for a total distance of 993.32 feet to a pipe monument

found for an angle point in said common line;

THENCE South 83 degrees 50 minutes 19 seconds East, along the

common north line of said Johnson Family Trust (Tract Twelve

"Parcel B") and the south line of said 35.178 acre U.S.A. tract, a

distance of 850.64 feet to a pipe monument found for the northeast

corner of said Johnson Family Trust (Tract Twelve "Parcel B") and

the northwest corner of said Johnson Family Trust (Tract Fourteen);

THENCE South 89 degrees 28 minutes 35 seconds East, along the

north line of said Johnson Family Trust (Tract Fourteen) and the

south line of said 35.178 acre U.S.A. tract, a distance of 572.21

feet to a pipe monument found for the southeast corner of said

35.178 acre U.S.A. tract and the southwest corner of said Johnson

Family Trust (Tract Ten "Parcel I");

THENCE North 01 degrees 52 minutes 23 seconds East, along the

west line of said Johnson Family Trust (Tract Ten "Parcel I") and

the east line of said 35.178 acre U.S.A. tract, a distance of

1,134.20 feet to the POINT OF BEGINNING, containing within the

metes recited, an area of 337.65 acres or (14,707,855 square feet)

of land.

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, 2025.

* * * * *