Texas 2009 - 81st Regular

Texas House Bill HB2123 Compare Versions

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1	1	81R20160 CAE-D
2	2	By: Olivo H.B. No. 2123
3	3	Substitute the following for H.B. No. 2123:
4	4	By: Creighton C.S.H.B. No. 2123
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Fort Bend County Municipal Utility
10	10	District No. 192; providing authority to impose a tax and issue
11	11	bonds; granting a limited power of eminent domain.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle F, Title 6, Special District Local Laws
14	14	Code, is amended by adding Chapter 8330 to read as follows:
15	15	CHAPTER 8330. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 192
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 8330.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Director" means a board member.
20	20	(3) "District" means the Fort Bend County Municipal
21	21	Utility District No. 192.
22	22	Sec. 8330.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8330.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8330.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
30	30	temporary directors may not hold an election under Section 8330.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district.
35	35	(b) Subject to the limitations of Section 54.016, Water
36	36	Code, the district shall comply with all applicable requirements of
37	37	any ordinance or resolution adopted by the governing body of the
38	38	municipality that consents to the creation of the district or to the
39	39	inclusion of lands within the district.
40	40	(c) In addition to the restrictions and conditions
41	41	described by Section 54.016(e), Water Code, a municipality that
42	42	contains district territory in its corporate limits or
43	43	extraterritorial jurisdiction may include in the municipality's
44	44	consent any restriction on or condition to the municipality's
45	45	consent to the creation of the district, including a limitation on
46	46	the powers of the district otherwise granted by this chapter.
47	47	Sec. 8330.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
48	48	The district is created to serve a public purpose and benefit.
49	49	(b) The district is created to accomplish the purposes of:
50	50	(1) a municipal utility district as provided by
51	51	general law and Section 59, Article XVI, Texas Constitution; and
52	52	(2) Section 52, Article III, Texas Constitution, that
53	53	relate to the construction, acquisition, or improvement of
54	54	macadamized, graveled, or paved roads described by Section 54.234,
55	55	Water Code, or improvements, including storm drainage, in aid of
56	56	those roads.
57	57	Sec. 8330.006. INITIAL DISTRICT TERRITORY. (a) The
58	58	district is initially composed of the territory described by
59	59	Section 2 of the Act creating this chapter.
60	60	(b) The boundaries and field notes contained in Section 2 of
61	61	the Act creating this chapter form a closure. A mistake made in the
62	62	field notes or in copying the field notes in the legislative process
63	63	does not affect the district's:
64	64	(1) organization, existence, or validity;
65	65	(2) right to issue any type of bond for the purposes
66	66	for which the district is created or to pay the principal of and
67	67	interest on a bond;
68	68	(3) right to impose a tax; or
69	69	(4) legality or operation.
70	70	[Sections 8330.007-8330.050 reserved for expansion]
71	71	SUBCHAPTER B. BOARD OF DIRECTORS
72	72	Sec. 8330.051. GOVERNING BODY; TERMS. (a) The district is
73	73	governed by a board of five elected directors.
74	74	(b) Except as provided by Section 8330.052, directors serve
75	75	staggered four-year terms.
76	76	Sec. 8330.052. TEMPORARY DIRECTORS. (a) On or after the
77	77	effective date of the Act creating this chapter, the owner or owners
78	78	of a majority of the assessed value of the real property in the
79	79	district may submit a petition to the Texas Commission on
80	80	Environmental Quality requesting that the commission appoint as
81	81	temporary directors the five persons named in the petition. The
82	82	commission shall appoint as temporary directors the five persons
83	83	named in the petition.
84	84	(b) Temporary directors serve until the earlier of:
85	85	(1) the date permanent directors are elected under
86	86	Section 8330.003; or
87	87	(2) the fourth anniversary of the effective date of
88	88	the Act creating this chapter.
89	89	(c) If permanent directors have not been elected under
90	90	Section 8330.003 and the terms of the temporary directors have
91	91	expired, successor temporary directors shall be appointed or
92	92	reappointed as provided by Subsection (d) to serve terms that
93	93	expire on the earlier of:
94	94	(1) the date permanent directors are elected under
95	95	Section 8330.003; or
96	96	(2) the fourth anniversary of the date of the
97	97	appointment or reappointment.
98	98	(d) If Subsection (c) applies, the owner or owners of a
99	99	majority of the assessed value of the real property in the district
100	100	may submit a petition to the commission requesting that the
101	101	commission appoint as successor temporary directors the five
102	102	persons named in the petition. The commission shall appoint as
103	103	successor temporary directors the five persons named in the
104	104	petition.
105	105	[Sections 8330.053-8330.100 reserved for expansion]
106	106	SUBCHAPTER C. POWERS AND DUTIES
107	107	Sec. 8330.101. GENERAL POWERS AND DUTIES. The district has
108	108	the powers and duties necessary to accomplish the purposes for
109	109	which the district is created.
110	110	Sec. 8330.102. MUNICIPAL UTILITY DISTRICT POWERS AND
111	111	DUTIES. The district has the powers and duties provided by the
112	112	general law of this state, including Chapters 49 and 54, Water Code,
113	113	applicable to municipal utility districts created under Section 59,
114	114	Article XVI, Texas Constitution.
115	115	Sec. 8330.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
116	116	Section 52, Article III, Texas Constitution, the district may
117	117	design, acquire, construct, finance, issue bonds for, improve, and
118	118	convey to this state, a county, or a municipality for operation and
119	119	maintenance macadamized, graveled, or paved roads described by
120	120	Section 54.234, Water Code, or improvements, including storm
121	121	drainage, in aid of those roads.
122	122	(b) The district may exercise the powers provided by this
123	123	section without submitting a petition to or obtaining approval from
124	124	the Texas Commission on Environmental Quality as required by
125	125	Section 54.234, Water Code.
126	126	Sec. 8330.104. APPROVAL OF ROAD PROJECT. (a) The district
127	127	may not undertake a road project authorized by Section 8330.103
128	128	unless:
129	129	(1) each municipality or county that will operate and
130	130	maintain the road has approved the plans and specifications of the
131	131	road project, if a municipality or county will operate and maintain
132	132	the road; or
133	133	(2) the Texas Transportation Commission has approved
134	134	the plans and specifications of the road project, if the state will
135	135	operate and maintain the road.
136	136	(b) Except as provided by Subsection (a), the district is
137	137	not required to obtain approval from the Texas Transportation
138	138	Commission to design, acquire, construct, finance, issue bonds for,
139	139	improve, or convey a road project.
140	140	Sec. 8330.105. LIMITATION ON USE OF EMINENT DOMAIN. The
141	141	district may not exercise the power of eminent domain outside the
142	142	district to acquire a site or easement for:
143	143	(1) a road project authorized by Section 8330.103; or
144	144	(2) a recreational facility as defined by Section
145	145	49.462, Water Code.
146	146	[Sections 8330.106-8330.150 reserved for expansion]
147	147	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
148	148	Sec. 8330.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
149	149	district may issue, without an election, bonds and other
150	150	obligations secured by:
151	151	(1) revenue other than ad valorem taxes; or
152	152	(2) contract payments described by Section 8330.153.
153	153	(b) The district must hold an election in the manner
154	154	provided by Chapters 49 and 54, Water Code, to obtain voter approval
155	155	before the district may impose an ad valorem tax or issue bonds
156	156	payable from ad valorem taxes.
157	157	(c) The district may not issue bonds payable from ad valorem
158	158	taxes to finance a road project unless the issuance is approved by a
159	159	vote of a two-thirds majority of the district voters voting at an
160	160	election held for that purpose.
161	161	Sec. 8330.152. OPERATION AND MAINTENANCE TAX. (a) If
162	162	authorized at an election held under Section 8330.151, the district
163	163	may impose an operation and maintenance tax on taxable property in
164	164	the district in accordance with Section 49.107, Water Code.
165	165	(b) The board shall determine the tax rate. The rate may not
166	166	exceed the rate approved at the election.
167	167	Sec. 8330.153. CONTRACT TAXES. (a) In accordance with
168	168	Section 49.108, Water Code, the district may impose a tax other than
169	169	an operation and maintenance tax and use the revenue derived from
170	170	the tax to make payments under a contract after the provisions of
171	171	the contract have been approved by a majority of the district voters
172	172	voting at an election held for that purpose.
173	173	(b) A contract approved by the district voters may contain a
174	174	provision stating that the contract may be modified or amended by
175	175	the board without further voter approval.
176	176	[Sections 8330.154-8330.200 reserved for expansion]
177	177	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
178	178	Sec. 8330.201. AUTHORITY TO ISSUE BONDS AND OTHER
179	179	OBLIGATIONS. The district may issue bonds or other obligations
180	180	payable wholly or partly from ad valorem taxes, impact fees,
181	181	revenue, contract payments, grants, or other district money, or any
182	182	combination of those sources, to pay for any authorized district
183	183	purpose.
184	184	Sec. 8330.202. TAXES FOR BONDS. At the time the district
185	185	issues bonds payable wholly or partly from ad valorem taxes, the
186	186	board shall provide for the annual imposition of a continuing
187	187	direct ad valorem tax, without limit as to rate or amount, while all
188	188	or part of the bonds are outstanding as required and in the manner
189	189	provided by Sections 54.601 and 54.602, Water Code.
190	190	Sec. 8330.203. BONDS FOR ROAD PROJECTS. At the time of
191	191	issuance, the total principal amount of bonds or other obligations
192	192	issued or incurred to finance road projects and payable from ad
193	193	valorem taxes may not exceed one-fourth of the assessed value of the
194	194	real property in the district.
195	195	SECTION 2. The Fort Bend County Municipal Utility District
196	196	No. 192 initially includes all the territory contained in the
197	197	following area:
198	198	TRACT I
199	199	Being a 37.73-acre (1,643,604 square feet) tract of land
200	200	situated in the Abner Kuykendall League, A-48, Fort Bend County,
201	201	Texas, and being portion of a called 53.9470-acre tract of land
202	202	designated Tract "A" as recorded under File Number 9725698, Fort
203	203	Bend County Official Records (F.B.C.O.R.). Said 37.73-acre tract
204	204	of land being more particularly described by metes and bounds as
205	205	follows, with all bearings referenced to the Texas Coordinate
206	206	System of 1983, South Central Zone. All distances are surface based
207	207	on the surface coordinates (X = 3,038,374.04, Y = 13,790,244.28) of
208	208	N.G.S. Control Monument "HGCSD 70" 1983 adjustment:
209	209	BEGINNING at a 3-inch by 4-inch iron bar found marking the
210	210	northerly right-of-way line of Thompson Road (F.M. 762)(100 feet
211	211	wide) and the westerly line of the C.I. McFarlane called 2.2-acre
212	212	tract as recorded under Volume 126, Page 197 of the Fort Bend County
213	213	Deed Records (F.B.C.D.R.), also being the most southerly southwest
214	214	corner of said 53.9470 acre Tract "A", and being in the easterly
215	215	line of a called 681.81-acre tract as recorded under Volume 510,
216	216	Page 213 of said F.B.C.D.R.;
217	217	THENCE, North 2011'32" East, departing said Thompson Road a
218	218	distance of 362.29 feet along a common line of said 53.9470-acre
219	219	Tract "A", and said 681.81-acre tract to a point marking the
220	220	northeasterly corner said 681.81-acre tract and an interior corner
221	221	of said Tract "A";
222	222	THENCE, North 6639'25" West, along the line common to said
223	223	53.9470-acre Tract "A" and said 681.81-acre tract, a distance of
224	224	433.02 feet to an angel point from which a one-inch iron pipe found
225	225	bears N 6516' E, 0.83 feet;
226	226	THENCE, North 6718'25" West, continuing along the line
227	227	common to said 53.9470-acre Tract "A" and said 681.81-acre tract, a
228	228	distance of 550.00 feet to an angel point from which a 5/8-inch iron
229	229	rod found bears N 1221' E, 0.35 feet;
230	230	THENCE, North 6651'25" West, continuing along the line
231	231	common to said 53.9470-acre Tract "A" and said 681.81-acre tract, a
232	232	distance of 331.00 feet to an angel point from which a 5/8-inch iron
233	233	rod found bears N 2421' E, 0.35 feet;
234	234	THENCE, North 6720'14" West, continuing along the line
235	235	common to said 53.9470-acre Tract "A", and said 681.81-acre tract,
236	236	a distance of 770.26 feet to a 5/8-inch iron rod with cap stamped
237	237	"Kalkomey Surveying" found for the southwesterly corner of the
238	238	herein described tract;
239	239	THENCE, North 2152'30" East, departing said common line, a
240	240	distance of 640.02 feet to a p.k. nail set for corner in the
241	241	centerline of Macek Road (60 feet wide);
242	242	THENCE, South 6811'55" East, along the centerline of said
243	243	Macek Road, a distance of 268.46 feet to a p.k. nail set for corner;
244	244	THENCE, South 6802'25" East, along the centerline of said
245	245	Macek Road and along the southerly line of a called 8.6445 acre
246	246	tract as recorded under File Number 9707473 of said F.B.C.O.R.,
247	247	passing at 579.12 feet a 5/8-inch iron rod with cap stamped
248	248	"Kalkomey Surveying" found for the southeast corner of said 8.6445
249	249	acre tract, being the southwest corner of a called 0.50 acre tract
250	250	as recorded under File Number 9520600 of said F.B.C.O.R., also
251	251	being an angle point in said Macek Road, and continuing along the
252	252	line common to said 53.9470 acre Tract "A", and said 0.50 acre tract
253	253	for a total distance of 560.40 feet to a 5/8-inch iron rod found for
254	254	an interior corner;
255	255	THENCE, North 2311'42" East, along the line common to said
256	256	53.9470 acre Tract "A" and said 0.50 acre tract a distance of 163.89
257	257	feet to a 5/8-inch iron rod with cap stamped "SURVCON INC." set for
258	258	the southwest corner of a called 53.9470 acre Tract "B" as recorded
259	259	under File Number 9707473 of said F.B.C.O.R., and being an angle
260	260	point in the northerly line of said Tract "A";
261	261	THENCE, South 6802'25" East, along the line common to said
262	262	53.9470 acre Tract "A" and said 53.9470 acre Tract "B", a distance
263	263	of 1,295.70 feet to a 5/8-inch iron rod found for the northeast
264	264	corner of said Tract "A", being an interior corner of said Tract
265	265	"B";
266	266	THENCE, South 2011'32" West, continuing along the line
267	267	common to said Tracts "A" and "B", a distance of 1,182.38 feet to an
268	268	angel point from which a one-inch iron pipe found bears S 2449' E,
269	269	0.64 feet for the common south corner of said Tracts "A" and "B",
270	270	and being in the aforementioned northerly right-of-way line of
271	271	Thompson Road;
272	272	THENCE, North 8318'50" West, along said northerly
273	273	right-of-way line, a distance of 70.97 feet to the POINT OF
274	274	BEGINNING, containing a computed area of 37.73 acres (1,643,604
275	275	square feet) of land.
276	276	TRACT II
277	277	FIELD NOTES FOR A 8.632 ACRE TRACT OF LAND OUT OF THE PICKENS
278	278	LABOR IN THE ABNER KUYKENDALL LEAGUE, ABSTRACT 48, FORT BEND
279	279	COUNTY, TEXAS, SAID 8.632 ACRE TRACT BEING THAT CERTAIN CALLED
280	280	8.6445 ACRE TRACT (EXHIBIT "C") IN DEED TO THE ZWIENER FAMILY
281	281	LIMITED PARTNERSHIP RECORDED IN COUNTY CLERK'S FILE NO. 9707473,
282	282	OFFICIAL PUBLIC RECORDS, FORT BEND COUNTY, TEXAS, AND BEING MORE
283	283	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: WITH ALL
284	284	BEARINGS BASED ON THE EAST LINE OF THE AFOREMENTIONED CALLED 8.6445
285	285	ACRE TRACT, BEING THE EAST LINE OF THE HEREIN DESCRIBED 8.632 ACRE
286	286	TRACT, AND BEING WITHIN THE MARGINS OF MACEK ROAD AND BEING SOUTH 26
287	287	DEGREES 13 MINUTES 00 SECONDS WEST.
288	288	BEGINNING at a 5/8 inch iron rod found at the lower south
289	289	corner of the aforementioned called 8.6445 acre tract of land, same
290	290	being the west corner of an adjoining called 0.50 acre tract of land
291	291	described in deed recorded in County Clerk's File No. 1999018432,
292	292	Official Public Records, Fort Bend County, Texas, being in the
293	293	northeast line of an adjoining called 53.9470 acre tract of land
294	294	described in deed recorded in County Clerk's File No. 9725698,
295	295	Official Public Records, Fort Bend County, Texas, as located within
296	296	the margins of Macek Road and being the lower south corner and Place
297	297	of Beginning of the herein described 8.632 acre tract of land;
298	298	THENCE North 65 degrees 05 minutes 45 seconds West (called
299	299	North 65 degrees 01 minute West) along the common line of the
300	300	aforementioned called 8.6445 acre tract of land and the
301	301	aforementioned adjoining called 53.9470 acre tract of land as
302	302	located in Macek Road, 280.37 feet (called 280.10 feet) to a cotton
303	303	picker spindle set on said line for the lower west corner of the
304	304	herein described 8.632 acre tract of land;
305	305	THENCE North 26 degrees 13 minutes 00 seconds East (called
306	306	North 26 degrees 13 minutes East), 20.00 feet (called 20.00 feet) to
307	307	a 2 inch iron bar found in the northeast margin of Macek Road for a
308	308	re-entry corner to the herein described 8.632 acre tract of land,
309	309	from which point a found 3/4 inch iron pipe bears North 22 degrees
310	310	18 minutes 20 seconds East, 1.30 feet;
311	311	THENCE North 65 degrees 01 minute 50 seconds West (called
312	312	North 65 degrees 01 minute West) along the northeast line of Macek
313	313	Road, 123.34 feet (called 123.66 feet) to a 5/8 inch iron rod found
314	314	for the upper west corner of the herein described 8.632 acre tract
315	315	of land, same being the upper west corner of the aforementioned
316	316	called 8.6445 acre tract of land, and being the south corner of an
317	317	adjoining called 1.00 acre tract of land described in deed recorded
318	318	in County Clerk's File No. 9576651, Official Public Records, Fort
319	319	Bend County, Texas;
320	320	THENCE North 26 degrees 04 minutes 39 seconds East (called
321	321	North 26 degrees 03 minutes 53 seconds East) along the common line
322	322	of the aforementioned called 8.6445 acre tract of land, and the
323	323	aforementioned adjoining called 1.00 acre tract of land, at 435.72
324	324	feet pass a 2 inch iron pipe found on said line for the east corner
325	325	of the aforementioned adjoining called 1.00 acre tract of land,
326	326	same being a south corner of an adjoining residue of a called 20
327	327	acre tract of land recorded in Cause No. 16049, Probate Records,
328	328	Fort Bend County, Texas, and described in Volume 704, Page 1, Deed
329	329	Records, Fort Bend, County, Texas, at 1,404.00 feet pass a 2 inch
330	330	iron pipe with cap marked "Kalkomey Surveying" set for reference on
331	331	said line at the southerly high bank of Rabbs Bayou and continuing
332	332	for a total distance of 1,565.62 feet (called 1,565.62 feet) to a
333	333	point in the center line of Rabbs Bayou for the north corner of the
334	334	herein described 8.632 acre tract of land, same being the north
335	335	corner of said called 8.6445 acre tract of land, being in the
336	336	southeast line of the aforementioned adjoining residue of a called
337	337	20 acre tract of land, and being a west corner of an adjoining
338	338	called 10.5247 acre tract of land described in deed recorded in
339	339	County Clerk's File No. 2000023853, Official Public Records, Fort
340	340	Bend County, Texas;
341	341	THENCE South 84 degrees 56 minutes 49 seconds East (called
342	342	South 86 degrees 04 minutes 53 seconds East) along the center line
343	343	of Rabbs Bayou, being the common line of the aforementioned called
344	344	8.6445 acre tract of land and the aforementioned adjoining called
345	345	10.5247 acre tract of land, 136.30 feet (called 138.10 feet) to a
346	346	point in the center line of Rabbs Bayou for the upper east corner of
347	347	the herein described 8.632 acre tract of land, same being the north
348	348	corner of an adjoining residue of a called 17.86 acre tract of land
349	349	(4.0591 acres) described in deed recorded in Volume 140, Page 114,
350	350	Deed Records, Fort Bend County, Texas;
351	351	THENCE South 26 degrees 13 minutes 00 seconds West (called
352	352	South 26 degrees 13 minutes 00 seconds West) along the common line
353	353	of the aforementioned called 8.6445 acre tract of land and the
354	354	aforementioned adjoining residue of a called 17.86 acre tract of
355	355	land, at 103.00 feet pass a 2 inch iron pipe found on said line for
356	356	reference at the southerly high bank of Rabbs Bayou, and continuing
357	357	for a total distance of 596.89 feet (called 602.27 feet) to a 2 inch
358	358	iron pipe found for a re-entry corner to the herein described 8.632
359	359	acre tract of land, same being the west corner of the aforementioned
360	360	adjoining residue of a called 17.86 acre tract of land;
361	361	THENCE South 65 degrees 52 minutes 28 seconds East (called
362	362	South 66 degrees 16 minutes 00 seconds East) continuing along the
363	363	common line of said called 8.6445 acre tract of land and the
364	364	aforementioned adjoining residue of a called 17.86 acre tract of
365	365	land, at 0.74 feet pass a 3/4 inch iron pipe found on said line, at
366	366	250.46 feet pass a 2 inch iron pipe found on said line at its
367	367	intersection with the northwest line of Macek Road, and continuing
368	368	for a total distance of 280.48 feet (called 280.30 feet) to a cotton
369	369	picker spindle found for the middle east corner of the herein
370	370	described 8.632 acre tract of land, same being the south corner of
371	371	the aforementioned adjoining residue of a called 17.86 acre tract
372	372	of land, and being in the northwest line of an adjoining called 1.0
373	373	acre tract of land described in deed recorded in Volume 2425, Page
374	374	1179, Official Records, Fort Bend County, Texas;
375	375	THENCE South 26 degrees 13 minutes 00 seconds West (called
376	376	South 26 degrees 13 minutes 00 seconds West) along the common line
377	377	of said called 8.6445 acre tract of land and the aforementioned
378	378	adjoining called 1.0 acre tract of land, and an adjoining called
379	379	0.50 acre tract of land described in deed recorded in Volume 2425,
380	380	Page 1183, Official Records, Fort Bend County, Texas, as located in
381	381	Macek Road, 60.00 feet (called 60.00 feet) to a cotton picker
382	382	spindle set for the upper south corner of the herein described 8.632
383	383	acre tract of land, same being the east corner of an adjoining
384	384	called 2.608 acre tract of land described in deed recorded in Volume
385	385	664, Page 720, Deed Records, Fort Bend County, Texas;
386	386	THENCE North 66 degrees 18 minutes 16 seconds West (called
387	387	North 66 degrees 16 minutes 00 seconds West) along the common line
388	388	of said called 8.6445 acre tract of land and the aforementioned
389	389	adjoining called 2.608 acre tract of land, at 30.02 feet pass a 5/8
390	390	inch iron rod found on said line at its intersection with the
391	391	northwest line of Macek Road, and continuing for a total distance of
392	392	280.57 feet (called 280.30 feet) to a 5/8 inch iron rod found for a
393	393	re-entry corner to the herein described 8.632 acre tract of land,
394	394	same being the north corner of the aforementioned adjoining called
395	395	2.608 acre tract of land;
396	396	THENCE South 26 degrees 13 minutes 00 seconds West (called
397	397	South 26 degrees 13 minutes 00 seconds West) continuing along the
398	398	common line of said called 8.6445 acre tract of land and the
399	399	aforementioned adjoining called 2.608 acre tract of land, 405.61
400	400	feet (called 405.61 feet) to a 2 inch iron pipe with cap marked
401	401	"Kalkomey Surveying" set for a re-entry corner to the herein
402	402	described 8.632 acre tract of land, same being the west corner of
403	403	the aforementioned adjoining called 2.608 acre tract of land, from
404	404	which a found 3/4 inch iron pipe bears north 54 degrees 39 minutes
405	405	05 seconds East, 2.00 feet;
406	406	THENCE South 66 degrees 19 minutes 55 seconds East (called
407	407	South 66 degrees 16 minutes 00 seconds East) continuing along the
408	408	common line of said called 8.6445 acre tract of land and the
409	409	aforementioned adjoining called 2.608 acre tract of land, at 250.55
410	410	feet pass a 2 inch iron pipe with cap marked "Kalkomey Surveying"
411	411	set on said line at its intersection with the northwest line of
412	412	Macek Road, and continuing for a total distance of 280.58 feet
413	413	(called 280.30 feet) to a cotton picker spindle set for the lower
414	414	east corner of the herein described 8.632 acre tract of land, being
415	415	the south corner of the aforementioned adjoining called 2.608 acre
416	416	tract of land, and being in the northwest line of an adjoining
417	417	called 0.515 acre tract of land described in deed recorded in Volume
418	418	2060, Page 1525, Official Records, Fort Bend County, Texas;
419	419	THENCE South 26 degrees 13 minutes 00 seconds West (called
420	420	South 26 degrees 13 minutes 00 seconds West) along the
421	421	southeasterly line of said called 8.6445 acre tract of land as
422	422	located in Macek Road, same being the northwest line of the
423	423	aforementioned adjoining called 0.515 acre tract of land, and the
424	424	northwest line of an adjoining called 1.0 acre tract of land
425	425	described in deed recorded in Volume 485, Page 320, Deed Records,
426	426	Fort Bend County, Texas, the northwest line of an adjoining residue
427	427	of a called 1.0 acre tract of land described in deed recorded in
428	428	Volume 559, Page 59, Deed Records, Fort Bend County, Texas, the
429	429	northwest line of an adjoining called 0.50 acre tract of land
430	430	described in County Clerk's File No. 9887910, Official Public
431	431	Records, Fort Bend County, Texas, the northwest line of an
432	432	adjoining called 2 acre tract described in deed recorded in Volume
433	433	594, Page 861, Deed Records, Fort Bend County, Texas, the northwest
434	434	line of an adjoining called 0.500 acre tract of land described in
435	435	deed recorded in County Clerk's File No. 9520600, Official Public
436	436	Records, Fort Bend County, Texas, and the northwest line of the
437	437	aforementioned adjoining called 0.50 acre tract of land described
438	438	in County Clerk's File No. 1999018432, Official Public Records,
439	439	Fort Bend County, Texas, 573.59 feet (called 573.59 feet) to the
440	440	Place of Beginning and containing 8.632 acres of land, with 0.550
441	441	acre within the margins of Macek Road, for a net acreage of 8.092
442	442	acres of land, more or less.
443	443	TRACT III
444	444	Being a 53.91-acre (2,348,320 square feet) tract of land
445	445	situated in the Abner Kuykendall League, A-48, Fort Bend County,
446	446	Texas, and being all of a called 53.9470-acre tract of land
447	447	designated Tract "B" as recorded under File Number 9725698, Fort
448	448	Bend County Official Records (F.B.C.O.R.). Said 53.91-acre tract of
449	449	land being more particularly described by metes and bounds as
450	450	follows, with all bearings referenced to the Texas Coordinate
451	451	System of 1983, South Central Zone. All distances are surface based
452	452	on N.G.S. Control Monument "HGCSD 70" 1983 adjustment:
453	453	BEGINNING at a 5/8-inch iron rod with cap stamped "SURVCON
454	454	INC." set marking the northerly right-of-way line of Thompson Road
455	455	(F.M. 762)(100 feet wide) and being the most southerly
456	456	southeasterly corner of said 53.9470 acre Tract "B", and being in
457	457	the westerly line of a called 193-acre tract as recorded under
458	458	Volume 487, Page 664 of said F.B.C.D.R.;
459	459	THENCE, North 8318'51" West, along said northerly
460	460	right-of-way line, a distance of 198.65 feet to point from which a
461	461	one-inch iron pipe found bears S 2449' W, 0.64 feet for the common
462	462	south corner of said Tracts "A" and "B";
463	463	THENCE, North 2011'32" East, departing said northerly
464	464	right-of-way line and along the common line to said 53.9470-acre
465	465	Tract "B" and called 53.9470-acre Tract "A" as recorded under File
466	466	Number 9725698 of said F.B.C.O.R., a distance of 1,182.38 feet to a
467	467	3/4-inch iron pipe found for an interior corner of the herein
468	468	described tract;
469	469	THENCE, North 6802'25" West, along said common line, a
470	470	distance of 1,294.57 feet to a 5/8-inch iron rod with cap stamped
471	471	"SURVCON INC." found for westerly corner;
472	472	THENCE, North 2311'42" East, departing said common line, a
473	473	distance of 459.12 feet to a 3/4-inch iron pipe found for an
474	474	interior corner;
475	475	THENCE, North 6648'19" West, a distance of 250.30 feet to a
476	476	3/4-inch iron pipe found for a corner and same being on the easterly
477	477	right-of-way line of Macek Road (60 feet wide) as recorded under
478	478	Volume 517, Page 590 of said F.B.C.D.R.;
479	479	THENCE, North 2311'34" East, along said easterly
480	480	right-of-way line, a distance of 75.40 feet to a 5/8-inch iron rod
481	481	with cap stamped "SURVCON INC." set for corner;
482	482	THENCE, South 6648'19" East, departing said easterly
483	483	right-of-way line, a distance of 250.30 feet to a 1 1/2-inch iron
484	484	pipe found for an interior corner;
485	485	THENCE, North 2311'42" East, a distance of 936.40 feet to a
486	486	point for the most northwest corner of the herein described tract
487	487	same being in the center line of Rabbs Bayou;
488	488	THENCE, South 5428'48" East, along said center line, a
489	489	distance of 175.09 feet to an angle point;
490	490	THENCE, South 6015'56" East, along said center line, a
491	491	distance of 554.12 feet to an angle point;
492	492	THENCE, South 7257'10" East, continuing along said center
493	493	line, a distance of 260.14 feet to an angle point;
494	494	THENCE, South 7936'31" East, continuing along said center
495	495	line, a distance of 246.18 feet to an angle point;
496	496	THENCE, South 7523'46" East, continuing along said center
497	497	line, a distance of 166.22 feet to an angle point;
498	498	THENCE, South 7103'39" East, continuing along said center
499	499	line, a distance of 82.35 feet to a point for the northeasterly
500	500	corner of the herein described tract;
501	501	THENCE, South 2125'15" West, departing said center line, a
502	502	distance of 2,581.44 feet to the POINT OF BEGINNING, containing a
503	503	computed area of 53.91 acres (2,348,320 square feet) of land.
504	504	SECTION 3. (a) The legal notice of the intention to
505	505	introduce this Act, setting forth the general substance of this
506	506	Act, has been published as provided by law, and the notice and a
507	507	copy of this Act have been furnished to all persons, agencies,
508	508	officials, or entities to which they are required to be furnished
509	509	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
510	510	Government Code.
511	511	(b) The governor, one of the required recipients, has
512	512	submitted the notice and Act to the Texas Commission on
513	513	Environmental Quality.
514	514	(c) The Texas Commission on Environmental Quality has filed
515	515	its recommendations relating to this Act with the governor, the
516	516	lieutenant governor, and the speaker of the house of
517	517	representatives within the required time.
518	518	(d) All requirements of the constitution and laws of this
519	519	state and the rules and procedures of the legislature with respect
520	520	to the notice, introduction, and passage of this Act are fulfilled
521	521	and accomplished.
522	522	SECTION 4. This Act takes effect immediately if it receives
523	523	a vote of two-thirds of all the members elected to each house, as
524	524	provided by Section 39, Article III, Texas Constitution. If this
525	525	Act does not receive the vote necessary for immediate effect, this
526	526	Act takes effect September 1, 2009.