Texas 2009 - 81st Regular

Texas House Bill HB1596 Compare Versions

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1	1	H.B. No. 1596
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Fort Bend County Municipal Utility
6	6	District No. 204; providing authority to impose a tax and issue
7	7	bonds; granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8331 to read as follows:
11	11	CHAPTER 8331. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 204
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8331.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Fort Bend County Municipal
17	17	Utility District No. 204.
18	18	Sec. 8331.002. NATURE OF DISTRICT. The district is a
19	19	municipal utility district created under Section 59, Article XVI,
20	20	Texas Constitution.
21	21	Sec. 8331.003. CONFIRMATION AND DIRECTORS' ELECTION
22	22	REQUIRED. The temporary directors shall hold an election to
23	23	confirm the creation of the district and to elect five permanent
24	24	directors as provided by Section 49.102, Water Code.
25	25	Sec. 8331.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
26	26	The district is created to serve a public purpose and benefit.
27	27	(b) The district is created to accomplish the purposes of:
28	28	(1) a municipal utility district as provided by
29	29	general law and Section 59, Article XVI, Texas Constitution; and
30	30	(2) Section 52, Article III, Texas Constitution, that
31	31	relate to the construction, acquisition, or improvement of
32	32	macadamized, graveled, or paved roads described by Section 54.234,
33	33	Water Code, or improvements, including storm drainage, in aid of
34	34	those roads.
35	35	Sec. 8331.005. INITIAL DISTRICT TERRITORY. (a) The
36	36	district is initially composed of the territory described by
37	37	Section 2 of the Act creating this chapter.
38	38	(b) The boundaries and field notes contained in Section 2 of
39	39	the Act creating this chapter form a closure. A mistake made in the
40	40	field notes or in copying the field notes in the legislative process
41	41	does not affect the district's:
42	42	(1) organization, existence, or validity;
43	43	(2) right to issue any type of bond for the purposes
44	44	for which the district is created or to pay the principal of and
45	45	interest on a bond;
46	46	(3) right to impose a tax; or
47	47	(4) legality or operation.
48	48	[Sections 8331.006-8331.050 reserved for expansion]
49	49	SUBCHAPTER B. BOARD OF DIRECTORS
50	50	Sec. 8331.051. GOVERNING BODY; TERMS. (a) The district is
51	51	governed by a board of five elected directors.
52	52	(b) Except as provided by Section 8331.052, directors serve
53	53	staggered four-year terms.
54	54	Sec. 8331.052. TEMPORARY DIRECTORS. (a) On or after the
55	55	effective date of the Act creating this chapter, the owner or owners
56	56	of a majority of the assessed value of the real property in the
57	57	district may submit a petition to the Texas Commission on
58	58	Environmental Quality requesting that the commission appoint as
59	59	temporary directors the five persons named in the petition. The
60	60	commission shall appoint as temporary directors the five persons
61	61	named in the petition.
62	62	(b) Temporary directors serve until the earlier of:
63	63	(1) the date permanent directors are elected under
64	64	Section 8331.003; or
65	65	(2) the fourth anniversary of the effective date of
66	66	the Act creating this chapter.
67	67	(c) If permanent directors have not been elected under
68	68	Section 8331.003 and the terms of the temporary directors have
69	69	expired, successor temporary directors shall be appointed or
70	70	reappointed as provided by Subsection (d) to serve terms that
71	71	expire on the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 8331.003; or
74	74	(2) the fourth anniversary of the date of the
75	75	appointment or reappointment.
76	76	(d) If Subsection (c) applies, the owner or owners of a
77	77	majority of the assessed value of the real property in the district
78	78	may submit a petition to the commission requesting that the
79	79	commission appoint as successor temporary directors the five
80	80	persons named in the petition. The commission shall appoint as
81	81	successor temporary directors the five persons named in the
82	82	petition.
83	83	[Sections 8331.053-8331.100 reserved for expansion]
84	84	SUBCHAPTER C. POWERS AND DUTIES
85	85	Sec. 8331.101. GENERAL POWERS AND DUTIES. The district has
86	86	the powers and duties necessary to accomplish the purposes for
87	87	which the district is created.
88	88	Sec. 8331.102. MUNICIPAL UTILITY DISTRICT POWERS AND
89	89	DUTIES. The district has the powers and duties provided by the
90	90	general law of this state, including Chapters 49 and 54, Water Code,
91	91	applicable to municipal utility districts created under Section 59,
92	92	Article XVI, Texas Constitution.
93	93	Sec. 8331.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
94	94	Section 52, Article III, Texas Constitution, the district may
95	95	design, acquire, construct, finance, issue bonds for, improve, and
96	96	convey to this state, a county, or a municipality for operation and
97	97	maintenance macadamized, graveled, or paved roads described by
98	98	Section 54.234, Water Code, or improvements, including storm
99	99	drainage, in aid of those roads.
100	100	(b) The district may exercise the powers provided by this
101	101	section without submitting a petition to or obtaining approval from
102	102	the Texas Commission on Environmental Quality as required by
103	103	Section 54.234, Water Code.
104	104	Sec. 8331.104. APPROVAL OF ROAD PROJECT. (a) The district
105	105	may not undertake a road project authorized by Section 8331.103
106	106	unless:
107	107	(1) each municipality or county that will operate and
108	108	maintain the road has approved the plans and specifications of the
109	109	road project, if a municipality or county will operate and maintain
110	110	the road; or
111	111	(2) the Texas Transportation Commission has approved
112	112	the plans and specifications of the road project, if the state will
113	113	operate and maintain the road.
114	114	(b) Except as provided by Subsection (a), the district is
115	115	not required to obtain approval from the Texas Transportation
116	116	Commission to design, acquire, construct, finance, issue bonds for,
117	117	improve, or convey a road project.
118	118	Sec. 8331.105. LIMITATION ON USE OF EMINENT DOMAIN. The
119	119	district may not exercise the power of eminent domain outside the
120	120	district to acquire a site or easement for:
121	121	(1) a road project authorized by Section 8331.103; or
122	122	(2) a recreational facility as defined by Section
123	123	49.462, Water Code.
124	124	[Sections 8331.106-8331.150 reserved for expansion]
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 8331.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
127	127	district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 8331.153.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 8331.152. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8331.151, the district
141	141	may impose an operation and maintenance tax on taxable property in
142	142	the district in accordance with Section 49.107, Water Code.
143	143	(b) The board shall determine the tax rate. The rate may not
144	144	exceed the rate approved at the election.
145	145	Sec. 8331.153. CONTRACT TAXES. (a) In accordance with
146	146	Section 49.108, Water Code, the district may impose a tax other than
147	147	an operation and maintenance tax and use the revenue derived from
148	148	the tax to make payments under a contract after the provisions of
149	149	the contract have been approved by a majority of the district voters
150	150	voting at an election held for that purpose.
151	151	(b) A contract approved by the district voters may contain a
152	152	provision stating that the contract may be modified or amended by
153	153	the board without further voter approval.
154	154	[Sections 8331.154-8331.200 reserved for expansion]
155	155	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	156	Sec. 8331.201. AUTHORITY TO ISSUE BONDS AND OTHER
157	157	OBLIGATIONS. The district may issue bonds or other obligations
158	158	payable wholly or partly from ad valorem taxes, impact fees,
159	159	revenue, contract payments, grants, or other district money, or any
160	160	combination of those sources, to pay for any authorized district
161	161	purpose.
162	162	Sec. 8331.202. TAXES FOR BONDS. At the time the district
163	163	issues bonds payable wholly or partly from ad valorem taxes, the
164	164	board shall provide for the annual imposition of a continuing
165	165	direct ad valorem tax, without limit as to rate or amount, while all
166	166	or part of the bonds are outstanding as required and in the manner
167	167	provided by Sections 54.601 and 54.602, Water Code.
168	168	Sec. 8331.203. BONDS FOR ROAD PROJECTS. At the time of
169	169	issuance, the total principal amount of bonds or other obligations
170	170	issued or incurred to finance road projects and payable from ad
171	171	valorem taxes may not exceed one-fourth of the assessed value of the
172	172	real property in the district.
173	173	SECTION 2. The Fort Bend County Municipal Utility District
174	174	No. 204 initially includes all the territory contained in the
175	175	following area:
176	176	Being 1411.108 acres of land located in the Noel F. Roberts
177	177	League, Abstract 79, the Thomas Westall League, Abstract 92, and
178	178	the Andrew Roberts Survey, Abstract 78, Fort Bend County, Texas,
179	179	more particularly being a portion of that certain called 360.3145
180	180	acre tract conveyed to Ash Road Cattle Co., Inc., by instrument of
181	181	record in File No. 2006100983, Official Public Records, of Fort
182	182	Bend County (F.B.C.O.P.R.), being all of that certain called 9.32
183	183	acre tract conveyed to Riverbank Investments, Inc., by instrument
184	184	of record in File No. 2006104798, F.B.C.O.P.R., being a portion of
185	185	that certain called 52.71 acre tract conveyed to Riverbank
186	186	Investments, Inc., by instrument of record in File No. 2006086205,
187	187	F.B.C.O.P.R., being all of that certain called 4.4933 acre tract
188	188	conveyed to Riverbank Investments, Inc., by instrument of record in
189	189	File No. 2006133790, F.B.C.O.P.R., being all of that certain called
190	190	200.2961 acre tract conveyed to Riverbank Investments, Inc., by
191	191	instrument of record in File No. 2007023698, F.B.C.O.P.R., all of
192	192	that certain called 45.40 acre tract (described as Tract 1)
193	193	conveyed to Riverbank Investments, Inc., by instrument of record in
194	194	File No. 2007001713, F.B.C.O.P.R., all of that certain called 41.98
195	195	acre tract (described as Tract 2) conveyed to Riverbank
196	196	Investments, Inc., by instrument of record in File No. 2007004160,
197	197	F.B.C.O.P.R., being all of that certain called 11.1752 acre tract
198	198	conveyed to Riverbank Investments, Inc., by instrument of record in
199	199	File No. 2007023698, F.B.C.O.P.R., being a portion of that certain
200	200	called 2.65 acre tract conveyed to Riverbank Investments, Inc., by
201	201	instruments of record in File No's. 2007001713 and 2007004160,
202	202	F.B.C.O.P.R., being a portion of that certain called 4.9862 acre
203	203	tract conveyed to Twinwood (U.S.), Inc., by instrument of record in
204	204	File No. 2006121124, F.B.C.O.P.R, being a portion of that certain
205	205	called 5.000 acre tract conveyed to Twinwood (U.S.), Inc., by
206	206	instrument of record in File No. 2006108996, F.B.C.O.P.R., being a
207	207	portion of those certain called 53.6119 17.9178 acre tracts
208	208	conveyed to Twinwood (U.S.), Inc., by instrument of record in File
209	209	No. 1999037317, F.B.C.O.P.R., being all of that certain called
210	210	12.4259 acre tract conveyed to Twinwood (U.S.), Inc., by instrument
211	211	of record in File No. 2000105214, F.B.C.O.P.R., being all of that
212	212	certain called 34.8399 acre tract conveyed to Twinwood (U.S.),
213	213	Inc., by instrument of record in File No. 9145921, F.B.C.O.P.R.,
214	214	being all of that certain called 100.236 acre tract conveyed to
215	215	Twinwood (U.S.), Inc., by instrument of record in File No. 9403428,
216	216	F.B.C.O.P.R., being all of that certain called 172.658 acre tract
217	217	conveyed to 471 Pearson Farms, Inc., by instrument of record in File
218	218	No. 2006146530, F.B.C.O.P.R., being all of that certain called
219	219	471.04 acre tract conveyed to 471 Pearson Farms, Inc., by
220	220	instrument of record in File No. 2006102364, F.B.C.O.P.R., and
221	221	being all of that certain called 49.071 acre tract conveyed to 471
222	222	Pearson Farms, Inc., by instrument of record in File No.
223	223	2008047777, F.B.C.O.P.R., said 1411.108 acres being more
224	224	particularly described in six (6) parts by metes and bounds as
225	225	follows (all bearings are assumed);
226	226	PART ONE
227	227	BEGINNING at the southeast corner of said 360.3145 acre
228	228	tract, same being the southwest corner of that certain called
229	229	16.131 acre tract conveyed to Douglas W. Fisher, et al, by
230	230	instrument of record in Volume 887, Page 553, Deed Records, of said
231	231	Fort Bend County (F.B.C.D.R.), and on the north line of that certain
232	232	called 55.9951 acre tract conveyed to Michael R. Burns, et al, by
233	233	instrument of record in File No. 2005120041, F.B.C.O.P.R.;
234	234	Thence, with the south line of said 360.3145 acre tract, the
235	235	following thirteen (13) courses:
236	236	1) South 87 31' 34" West (called South 87 36' 41"
237	237	West), 219.82 feet to a point for corner;
238	238	2) North 72 29' 30" West, 99.71 feet to a point for
239	239	corner;
240	240	3) North 87 08' 02" West, 55.48 feet to a point for
241	241	corner;
242	242	4) North 18 00' 45" West, 59.72 feet to a point for
243	243	corner;
244	244	5) North 70 58' 36" West, 125.00 feet to a point for
245	245	corner;
246	246	6) North 57 58' 26" West, 82.94 feet to a point for
247	247	corner;
248	248	7) North 56 13' 55" West, 280.24 feet to a point for
249	249	corner;
250	250	8) North 64 38' 33" West, 158.69 feet to a point for
251	251	corner;
252	252	9) North 72 37' 06" West, 339.00 feet to a point for
253	253	corner;
254	254	10) North 84 43' 06" West, 479.37 feet to a point for
255	255	corner;
256	256	11) South 75 18' 44" West, 55.53 feet to a point for
257	257	corner;
258	258	12) South 54 34' 59" West, 60.04 feet to a point for
259	259	corner;
260	260	13) South 73 46' 30" West, 228.74 feet to southwest
261	261	corner of said 360.3145 acre tract, same being on the east line of
262	262	said 9.32 acre tract;
263	263	Thence, with the east line of said 9.32 acre tract, South 02
264	264	28' 44" East (called South 02 27' 11" East), 96.79 feet to the
265	265	southeast corner of said 9.32 acre tract;
266	266	Thence, with the south line of said 9.32 acre tract, the
267	267	following four (4) courses:
268	268	1) South 61 33' 12" West, 47.68 feet to a point for
269	269	corner;
270	270	2) South 48 37' 19" West, 199.25 feet to a point for
271	271	corner;
272	272	3) South 45 15' 32" West, 176.55 feet to a point for
273	273	corner;
274	274	4) South 87 27' 42" West, 422.19 feet to the southwest
275	275	corner of said 9.32 acre tract, same being on the east line of said
276	276	52.71 acre tract;
277	277	Thence, with the east line of said 52.71 acre tract, South 02
278	278	32' 18" East (called South 02 30' 45" East), 632.20 feet to the
279	279	southeast corner of said 52.71 acre tract;
280	280	Thence, with the south line of said 52.71 acre tract, the
281	281	following three (3) courses:
282	282	1) South 30 27' 35" West, 240.83 feet to a point for
283	283	corner;
284	284	2) South 22 45' 01" West, 290.49 feet to a point for
285	285	corner;
286	286	3) South 26 09' 57" West, 763.79 feet to the southwest
287	287	corner of said 52.71 acre tract;
288	288	Thence, with the west line of said 52.71 acre tract, North 01
289	289	48' 07" West, 3097.84 feet to a point for corner;
290	290	Thence, continuing with said west line, North 02 02' 18"
291	291	West, 986.87 feet to a point for corner;
292	292	Thence, leaving said west line, North 87 02' 32" East, 572.57
293	293	feet to a point for corner on the east line of said 52.71 acre tract;
294	294	Thence, with the east line of said 52.71 acre tract, South 02
295	295	54' 50" East, 169.19 feet to a point for corner;
296	296	Thence, continuing with said east line, South 02 32' 18"
297	297	East, 1549.89 feet to the northwest corner of said 9.32 acre tract;
298	298	Thence, with the north line of said 9.32 acre tract, North 87
299	299	27' 50" East, 751.16 feet to the northeast corner of said 9.32 acre
300	300	tract, same being on the west line of said 360.3145 acre tract;
301	301	Thence, with the west line of said 360.3145 acre tract, North
302	302	02 32' 18" West, 1826.89 feet to a point for corner;
303	303	Thence, leaving said west line, North 71 01' 02" East, 236.27
304	304	feet to a point for corner;
305	305	Thence, North 61 57' 09" East, 486.25 feet to a point for
306	306	corner;
307	307	Thence, North 52 07' 38" East, 485.75 feet to a point for
308	308	corner;
309	309	Thence, North 42 01' 38" East, 486.53 feet to a point for
310	310	corner;
311	311	Thence, North 31 59' 52" East, 486.24 feet to a point for
312	312	corner;
313	313	Thence, North 22 04' 57" East, 485.76 feet to a point for
314	314	corner;
315	315	Thence, North 12 02' 52" East, 485.45 feet to a point for
316	316	corner;
317	317	Thence, North 02 41' 07" East, 729.64 feet to a point for
318	318	corner on the east line of said 360.3145 acre tract;
319	319	Thence, with the east line of said 360.3145 acre tract, the
320	320	following four (4) courses:
321	321	1) South 02 21' 36" East, 204.90 feet to a point for
322	322	corner;
323	323	2) South 02 25' 17" East, 3016.66 feet to a point for
324	324	corner;
325	325	3) South 02 20' 57" East, 1297.76 feet to a point for
326	326	corner;
327	327	4) South 02 22' 26" East, 1004.27 feet to the POINT OF
328	328	BEGINNING and containing 196.430 acres of land.
329	329	PART TWO
330	330	BEGINNING at the northeast corner of said 4.4933 acre tract,
331	331	same being on the west line of said 360.3145 acre tract;
332	332	Thence, with the common line of said 4.4933 and 360.3145 acre
333	333	tracts, South 02 32' 18" East (called South 02 27' 11" East),
334	334	260.16 feet to the southeast corner of said 4.4933 acre tract;
335	335	Thence, with the south line of said 4.4933 acre tract, South
336	336	87 31' 16" West, 751.16 feet to the southwest corner of said 4.4933
337	337	acre tract;
338	338	Thence, with the west line of said 4.4933 acre tract, North
339	339	02 32' 18" West, 260.16 feet to the northwest corner of said 4.4933
340	340	acre tract;
341	341	Thence, with the north line of said 4.4933 acre tract, North
342	342	87 31' 16" East, 751.16 feet to the POINT OF BEGINNING and
343	343	containing 4.486 acres of land.
344	344	PART THREE
345	345	BEGINNING at the northwest corner of said 200.2961 acre
346	346	tract, same being the southwest corner of that certain called 10.69
347	347	acre tract conveyed to Jean Thompson, et vir, by instrument of
348	348	record in Volume 512, Page 560, F.B.C.D.R., and on the east
349	349	right-of-way line of F.M. 1489 (width varies);
350	350	Thence, with the common line of said 200.2961 and 10.69 acre
351	351	tracts, North 87 55' 46" East (called South 89 14' 32" East),
352	352	1557.79 feet to the northeast corner of said 200.2961 acre tract, on
353	353	the west line of said 11.1752 acre tract and on the common line of
354	354	said Thomas Westall League and said Noel F. Roberts League;
355	355	Thence, with the west line of said 11.1752 acre tract and said
356	356	common survey line, North 02 19' 50" West (called North 00 29' 52"
357	357	East), 300.50 feet to the northwest corner of said 11.1752 acre
358	358	tract;
359	359	Thence, leaving said common survey line and with the north
360	360	line of said 11.1752 acre tract, North 87 45' 58" East, 1009.18 feet
361	361	to the northeast corner of said 11.1752 acre tract, same being on
362	362	the west line of said 2.65 acre tract;
363	363	Thence, with the west line of said 2.65 acre tract, North 02
364	364	29' 30" West (called North 00 12' 11" West), 947.23 feet to the
365	365	southeast corner of said 4.9862 acre tract;
366	366	Thence, with the south line of said 4.9862 acre tract, South
367	367	87 24' 11" West (called South 89 44' 50" West), 1000.31 feet to the
368	368	southwest corner of said 4.9862 acre tract, on the east line of said
369	369	53.6119 acre tract and on the common line of said Thomas Westall
370	370	League and said Noel F. Roberts League;
371	371	Thence, with the east line of said 53.6119 acre tract and with
372	372	said common survey line, South 02 31' 27" East (called South 00 15'
373	373	51" West), 226.21 feet to a the southeast corner of said 53.6119
374	374	acre tract;
375	375	Thence, leaving said common survey line and with the south
376	376	line of said 53.6119 acre tract, South 88 04' 23" West, 1547.74 feet
377	377	to the southwest corner of said 53.6119 acre tract and on the east
378	378	line of said F.M. 1489;
379	379	Thence, with the common line of said 53.6119 acre tract and
380	380	said F.M. 1489, North 01 44' 43" West, 1519.01 feet to the northwest
381	381	corner of said 53.6119 acre tract, same being the southwest corner
382	382	of said 14.9178 acre tract;
383	383	Thence, continuing with the common line of said 14.9178 acre
384	384	tract and said F.M. 1489, North 01 44' 43" West (called North 01 02'
385	385	35" East), 493.35 feet to the northwest corner of said 14.9178 acre
386	386	tract;
387	387	Thence, with the north line of said 14.9178 acre tract, the
388	388	following five (5) courses:
389	389	1) North 88 37' 58" East, 310.50 feet to a point for
390	390	corner;
391	391	2) South 68 05' 12" East, 257.20 feet to a point for
392	392	corner;
393	393	3) South 87 15' 22" East, 370.54 feet to a point for
394	394	corner;
395	395	4) North 01 39' 08" West, 25.06 feet to a point for
396	396	corner;
397	397	5) South 87 24' 33" East, 23.86 feet to a point for
398	398	corner;
399	399	Thence, leaving said north line, South 27 58' 11" East,
400	400	355.16 feet to a point for corner;
401	401	Thence, South 37 55' 31" East, 486.29 feet to a point for
402	402	corner;
403	403	Thence, South 47 56' 06" East, 208.22 feet to a point for
404	404	corner on the east line of said 53.6119 acre tract and on the common
405	405	line of said Thomas Westall League and said Noel F. Roberts League;
406	406	Thence, with the east line of said 53.6119 acre tract and with
407	407	said common survey line, South 02 31' 27" East, 382.51 feet to the
408	408	northwest corner of said 5.000 acre tract;
409	409	Thence, leaving said common survey line and with the north
410	410	line of said 5.000 acre tract, North 87 23' 13" East (called North
411	411	89 44' 50" East), 469.45 feet to a point for corner;
412	412	Thence, leaving said north line, South 58 01' 26" East,
413	413	156.48 feet to a point for corner;
414	414	Thence, South 67 52' 22" East, 486.38 feet to a point for
415	415	corner;
416	416	Thence, South 77 58' 23" East, 20.59 feet to a point for
417	417	corner on the east line of said 2.65 acre tract;
418	418	Thence, with the east line of said 2.65 acre tract, South 02
419	419	29' 30" East, 1623.17 feet to the southeast corner of said 2.65 acre
420	420	tract;
421	421	Thence, with the south line of said 2.65 acre tract, South 87
422	422	00' 22" West, 60.17 feet to the southwest corner of said 2.65 acre
423	423	tract, same being the most southerly northeast corner of said 41.98
424	424	acre tract;
425	425	Thence, with a south line of said 41.98 acre tract, South 87
426	426	30' 57" West (called South 89 57' 44" West), 207.08 feet to a
427	427	reentrant corner of said 41.98 acre tract;
428	428	Thence, with the east line of said 41.98 acre tract, South 02
429	429	19' 50" East (called South), 4322.10 feet to the southeast corner of
430	430	said 41.98 acre tract;
431	431	Thence, with the south line of said 41.98 acre tract, the
432	432	following three (3) courses:
433	433	1) South 40 39' 15" West, 181.22 feet to a point for
434	434	corner;
435	435	2) South 48 32' 58" West, 308.00 feet to a point for
436	436	corner;
437	437	3) South 52 20' 58" West, 47.50 feet to the southwest
438	438	corner of said 41.98 acre tract, same being the southeast corner of
439	439	said 45.40 acre tract;
440	440	Thence, with the south line of said 45.40 acre tract, the
441	441	following three (3) courses:
442	442	1) South 52 20' 58" West (called South 54 40' 48"
443	443	West), 232.21 feet to a point for corner;
444	444	2) South 58 09' 10" West, 244.44 feet to a point for
445	445	corner;
446	446	3) North 02 19' 50" West, 27.44 feet to the southwest
447	447	corner of said 45.40 acre tract, same being on the on the common
448	448	line of said Thomas Westall League and said Noel F. Roberts League;
449	449	Thence, with the west line of said 45.40 acre tract and said
450	450	common survey line, South 44 27' 09" West, 4.49 feet to a point for
451	451	corner, the southeast corner of said 200.2961 acre tract;
452	452	Thence, leaving said common survey line and with the south
453	453	line of said 200.2961 acre tract, the following nineteen (19)
454	454	courses:
455	455	1) South 63 35' 50" West, 70.07 feet to a point for
456	456	corner;
457	457	2) South 78 36' 41" West, 58.46 feet to a point for
458	458	corner;
459	459	3) South 53 26' 35" West, 50.18 feet to a point for
460	460	corner;
461	461	4) South 59 46' 48" West, 121.83 feet to a point for
462	462	corner;
463	463	5) South 53 30' 56" West, 104.37 feet to a point for
464	464	corner;
465	465	6) South 56 10' 29" West, 90.56 feet to a point for
466	466	corner;
467	467	7) South 62 00' 00" West, 179.22 feet to a point for
468	468	corner;
469	469	8) South 52 38' 17" West, 101.01 feet to a point for
470	470	corner;
471	471	9) South 50 07' 56" West, 119.96 feet to a point for
472	472	corner;
473	473	10) South 49 49' 54" West, 136.72 feet to a point for
474	474	corner;
475	475	11) South 53 22' 53" West, 100.97 feet to a point for
476	476	corner;
477	477	12) South 04 59' 07" West, 21.97 feet to a point for
478	478	corner;
479	479	13) South 44 09' 14" West, 54.71 feet to a point for
480	480	corner;
481	481	14) South 63 08' 28" West, 53.08 feet to a point for
482	482	corner;
483	483	15) South 45 29' 40" West, 62.34 feet to a point for
484	484	corner;
485	485	16) South 59 07' 52" West, 72.79 feet to a point for
486	486	corner;
487	487	17) South 85 38' 24" West, 47.15 feet to a point for
488	488	corner;
489	489	18) South 60 47' 03" West, 137.17 feet to a point for
490	490	corner;
491	491	19) South 57 56' 35" West, 19.68 feet to the southwest
492	492	corner of said 200.2961 acre tract and on the east line of said F.M.
493	493	1489;
494	494	Thence, with the common line of said 200.2961 acre tract and
495	495	said F.M. 1489, the following five (5) courses:
496	496	1) North 13 25' 49" West, 1101.82 feet to a point for
497	497	corner, the beginning of a curve;
498	498	2) 654.25 feet along the arc of a non-tangent curve to
499	499	the right, having a radius of 5679.65 feet, a central angle of 06
500	500	36' 00" and a chord which bears North 05 03' 49" West, 653.89 feet
501	501	to a point for corner;
502	502	3) North 01 45' 49" West, 1139.56 feet to a point for
503	503	corner;
504	504	4) North 01 46' 49" West, 1352.30 feet to a point for
505	505	corner;
506	506	5) North 01 45' 49" West, 1740.64 feet to the POINT OF
507	507	BEGINNING and containing 370.613 acres of land.
508	508	PART FOUR
509	509	BEGINNING at the northeast corner of said 12.4259 acre tract,
510	510	same being the southeast corner of that certain called 18.17 acre
511	511	tract conveyed to Donald P. Rettig, by instrument of record in
512	512	Volume 464, Page 158, F.B.C.D.R., and on the west right-of-way line
513	513	of F.M. 1489;
514	514	Thence, with the common line of said 12.4259 acre tract and
515	515	said F.M. 1489, South 01 41' 29" East (called South 01 05' 32"
516	516	West), 502.32 feet to the southeast corner of said 12.4259 acre
517	517	tract;
518	518	Thence, with the south line of said 12.4259 acre tract, South
519	519	88 03' 02" West, 1076.49 feet to the southwest corner of said
520	520	12.4259 acre tract;
521	521	Thence, with the west line of said 12.4259 acre tract, North
522	522	02 26' 34" West, 500.28 feet to the northwest corner of said 12.4259
523	523	acre tract;
524	524	Thence, with the north line of said 12.4259 acre tract, North
525	525	87 56' 31" East, 1083.06 feet to the POINT OF BEGINNING and
526	526	containing 12.426 acres of land.
527	527	PART FIVE
528	528	BEGINNING at the northeast corner of said 34.8399 acre tract,
529	529	same being the southeast corner of that certain called 54.4349 acre
530	530	tract conveyed to Twinwood (U.S.), Inc., by instrument of record in
531	531	File No. 2007046885, F.B.C.O.P.R., and on the west right-of-way
532	532	line of F.M. 1489;
533	533	Thence, with the common line of said 34.8399 acre tract and
534	534	said F.M. 1489, South 01 42' 54" East (called South 01 04' 32"
535	535	West), 980.70 feet to the southeast corner of said 34.8399 acre
536	536	tract;
537	537	Thence, with the south line of said 34.8399 acre tract, South
538	538	87 58' 18" West, 1539.02 feet to the southwest corner of said
539	539	34.8399 acre tract, same being on the east line of said 100.236 acre
540	540	tract;
541	541	Thence, with the east line of said 100.236 acre tract, South
542	542	02 02' 49" East (called South 00 19' 52" West), 497.23 feet to the
543	543	southeast corner of said 100.236 acre tract;
544	544	Thence, with the south line of said 100.236 acre tract, South
545	545	87 55' 33" West, 4070.78 feet to the southwest corner of said
546	546	100.236 acre tract, same being on the common line of said Thomas
547	547	Westall League and said Andrew Roberts League;
548	548	Thence, with west line of said 100.236 acre tract and with
549	549	said common survey line, North 01 36' 56" West, 1072.03 feet to the
550	550	northwest corner of said 100.236 acre tract;
551	551	Thence, leaving said common survey line and with the north
552	552	line of said 100.236 acre tract, North 88 02' 10" East, 4058.63 feet
553	553	to the northeast corner of said 100.236 acre tract, same being on
554	554	the west line of said 34.8399 acre tract;
555	555	Thence, with the west line of said 34.8399 acre tract, North
556	556	02 27' 34" West, 416.43 feet to the northwest corner of said 34.8399
557	557	acre tract;
558	558	Thence, with the north line of said 34.8399 acre tract, North
559	559	88 04' 15" East, 1551.78 feet to the POINT OF BEGINNING and
560	560	containing 134.530 acres of land.
561	561	PART SIX
562	562	BEGINNING at the northeast corner of said 172.658 acre tract,
563	563	same being the southeast corner of that certain called 6.0152 acre
564	564	tract conveyed to Russell S. Cosbey, et ux, by instrument of record
565	565	in File No. 2000099907, F.B.C.O.P.R., and on the west right-of-way
566	566	line of F.M. 1489;
567	567	Thence, with the common line of said 172.658 acre tract and
568	568	said F.M. 1489, the following six (6) courses:
569	569	1) South 01 49' 04" East (called South 00 37' 36"
570	570	West), 3396.51 feet to a point for corner;
571	571	2) South 03 48' 40" West, 1091.60 feet to a point for
572	572	corner;
573	573	3) South 45 16' 44" East, 36.50 feet to a point for
574	574	corner;
575	575	4) South 18 38' 33" East, 268.23 feet to a point for
576	576	corner;
577	577	5) South 55 31' 29" East, 68.72 feet to a point for
578	578	corner;
579	579	6) South 18 32' 36" East, 22.00 feet to the southeast
580	580	corner of said 172.658 acre tract;
581	581	Thence, with the south line of said 172.658 acre tract, the
582	582	following eight (8) courses:
583	583	1) South 74 43' 52" West, 41.05 feet to a point for
584	584	corner;
585	585	2) South 53 51' 27" West, 333.34 feet to a point for
586	586	corner;
587	587	3) South 64 46' 07" West, 85.48 feet to a point for
588	588	corner;
589	589	4) South 54 55' 11" West, 591.64 feet to a point for
590	590	corner;
591	591	5) South 64 32' 52" West, 162.51 feet to a point for
592	592	corner;
593	593	6) South 53 08' 15" West, 254.36 feet to a point for
594	594	corner;
595	595	7) South 75 55' 50" West, 136.41 feet to a point for
596	596	corner;
597	597	8) South 48 54' 57" West, 165.71 feet to the southwest
598	598	corner of said 172.658 acre tract, same being on the east line of
599	599	said 471.04 acre tract;
600	600	Thence, with the east line of said 471.04 acre tract, South
601	601	02 33' 03" East (called South 02 37' 51" East), 41.13 feet to the
602	602	southeast corner of said 471.04 acre tract;
603	603	Thence, with the south line of said 471.04 acre tract, the
604	604	following seventeen (17) courses:
605	605	1) South 62 48' 58" West, 688.77 feet to a point for
606	606	corner;
607	607	2) South 69 16' 19" West, 497.92 feet to a point for
608	608	corner;
609	609	3) South 76 04' 09" West, 385.16 feet to a point for
610	610	corner;
611	611	4) South 82 31' 57" West, 266.60 feet to a point for
612	612	corner;
613	613	5) South 75 39' 34" West, 356.46 feet to a point for
614	614	corner;
615	615	6) South 70 58' 32" West, 496.84 feet to a point for
616	616	corner;
617	617	7) South 64 12' 51" West, 306.60 feet to a point for
618	618	corner;
619	619	8) South 61 01' 35" West, 164.27 feet to a point for
620	620	corner;
621	621	9) South 53 40' 33" West, 699.98 feet to a point for
622	622	corner;
623	623	10) South 45 05' 57" West, 588.54 feet to a point for
624	624	corner;
625	625	11) South 41 22' 52" West, 759.42 feet to a point for
626	626	corner;
627	627	12) South 53 58' 32" West, 254.99 feet to a point for
628	628	corner;
629	629	13) South 65 44' 23" West, 300.33 feet to a point for
630	630	corner;
631	631	14) South 49 10' 22" West, 311.59 feet to a point for
632	632	corner;
633	633	15) South 67 11' 14" West, 413.50 feet to a point for
634	634	corner;
635	635	16) South 78 33' 42" West, 240.12 feet to a point for
636	636	corner;
637	637	17) North 77 12' 44" West, 1142.94 feet to the
638	638	southwest corner of said 471.04 acre tract;
639	639	Thence, with the west line of said 471.04 acre tract, North
640	640	01 54' 52" West, 2799.94 feet to the most westerly northwest corner
641	641	of said 471.04 acre tract;
642	642	Thence, with a north line of said 471.04 acre tract, North 87
643	643	06' 14" East, 1779.70 feet to a point for corner;
644	644	Thence, North 87 04' 07" East, 1131.82 feet to a reentrant
645	645	corner of said 471.04 acre tract, same being on the common line of
646	646	said Thomas Westall League and said Andrew Roberts League;
647	647	Thence, with a west line of said 471.04 acre tract and with
648	648	said common survey line, North 02 32' 08" West, 1603.47 feet to a
649	649	point for corner;
650	650	Thence, continuing with said west line and said common survey
651	651	line, North 01 58' 25" West, 540.08 feet to the most northerly
652	652	northwest corner of said 471.04 acre tract, same being the
653	653	southwest corner of said 49.071 acre tract;
654	654	Thence, continuing with said common survey line and with the
655	655	west line of said 49.071 acre tract, North 02 38' 19" West, (called
656	656	North 00 05' 14" East), 532.05 feet to the northwest corner of said
657	657	49.071 acre tract;
658	658	Thence, leaving said common survey line and with the north
659	659	line of said 49.071 acre tract, North 87 49' 27" East, 4041.06 feet
660	660	to the northeast corner of said 49.071 acre tract;
661	661	Thence, with the east line of said 49.071 acre tract, South
662	662	01 40' 42" East, 526.97 feet to the southeast corner of said 49.071
663	663	acre tract, same being the northeast corner of said 471.04 acre
664	664	tract;
665	665	Thence, with the east line of said 471.04 acre tract, South
666	666	01 40' 42" East, 538.41 feet to a reentrant corner of said 471.04
667	667	acre tract;
668	668	Thence, South 88 26' 34" East, 31.72 feet to the most
669	669	easterly northeast corner of said 471.04 acre tract, same being on
670	670	the west line of said 172.658 acre tract;
671	671	Thence, with said west line, North 02 33' 03" West, 3490.59
672	672	feet to most westerly northwest corner of said 172.658 acre tract;
673	673	Thence, with the north line of said 172.658 acre tract, the
674	674	following three (3) courses:
675	675	1) North 87 50' 31" East, 624.00 feet to a point for
676	676	corner;
677	677	2) North 02 30' 43" West, 475.30 feet to a point for
678	678	corner;
679	679	3) North 87 49' 51" East, 898.58 feet to the POINT OF
680	680	BEGINNING and containing 694.217 gross acres of land save and
681	681	except, however, the following described tract of land.
682	682	SAVE AND EXCEPT TRACT FOR PART SIX
683	683	Being a called 1.59 acre tract conveyed to Texas Illinois
684	684	Natural Gas Pipeline Company, by instrument of record in Volume
685	685	273, Page 583. F.B.C.D.R.
686	686	COMMENCING for reference at the southwest corner of said
687	687	172.658 acre tract, same being on the east line of said 471.04 acre
688	688	tract;
689	689	Thence, with the common line of said 172.658 and 471.04 acre
690	690	tracts, North 02 33' 03" West, 196.66 feet to the southeast corner
691	691	of said 1.59 acre tract and the POINT OF BEGINNING;
692	692	Thence, with the south line of said 1.59 acre tract, South 87
693	693	06' 36" West, 140.03 feet to the southwest corner of said 1.59 acre
694	694	tract;
695	695	Thence, with the westerly line of said 1.59 acre tract, North
696	696	28 52' 29" West, 431.44 feet to the northwest corner of said 1.59
697	697	acre tract;
698	698	Thence, with the northerly line of said 1.59 acre tract,
699	699	North 61 07' 31" East, 149.98 feet to the northeast corner of said
700	700	1.59 acre tract;
701	701	Thence, with the easterly line of said 1.59 acre tract, South
702	702	28 52' 20" East, 444.10 feet to the most northerly southeast corner
703	703	of said 1.59 acre tract and on the west line of said 172.658 acre
704	704	tract;
705	705	Thence, with the common line of said 1.59 and 172.658 acre
706	706	tracts, South 02 33' 03" East, 54.32 feet to the POINT OF BEGINNING
707	707	and containing 1.594 acres of land.
708	708	Resulting in a net area for Part Six of 692.623 acres of land.
709	709	Said Part One, Part Two, Part Three, Part Four, Part Five and
710	710	Part Six containing a total of 1411.108 acres of land.
711	711	SECTION 3. (a) The legal notice of the intention to
712	712	introduce this Act, setting forth the general substance of this
713	713	Act, has been published as provided by law, and the notice and a
714	714	copy of this Act have been furnished to all persons, agencies,
715	715	officials, or entities to which they are required to be furnished
716	716	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
717	717	Government Code.
718	718	(b) The governor, one of the required recipients, has
719	719	submitted the notice and Act to the Texas Commission on
720	720	Environmental Quality.
721	721	(c) The Texas Commission on Environmental Quality has filed
722	722	its recommendations relating to this Act with the governor, the
723	723	lieutenant governor, and the speaker of the house of
724	724	representatives within the required time.
725	725	(d) All requirements of the constitution and laws of this
726	726	state and the rules and procedures of the legislature with respect
727	727	to the notice, introduction, and passage of this Act are fulfilled
728	728	and accomplished.
729	729	SECTION 4. This Act takes effect immediately if it receives
730	730	a vote of two-thirds of all the members elected to each house, as
731	731	provided by Section 39, Article III, Texas Constitution. If this
732	732	Act does not receive the vote necessary for immediate effect, this
733	733	Act takes effect September 1, 2009.
734	734	______________________________ ______________________________
735	735	President of the Senate Speaker of the House
736	736	I certify that H.B. No. 1596 was passed by the House on May
737	737	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
738	738	voting.
739	739	______________________________
740	740	Chief Clerk of the House
741	741	I certify that H.B. No. 1596 was passed by the Senate on May
742	742	27, 2009, by the following vote: Yeas 31, Nays 0.
743	743	______________________________
744	744	Secretary of the Senate
745	745	APPROVED: _____________________
746	746	Date
747	747	_____________________
748	748	Governor