Texas 2009 - 81st Regular

Texas House Bill HB4226 Compare Versions

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1	1	81R9669 PMO-F
2	2	By: Miller of Comal H.B. No. 4226
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Comal County Water Improvement
8	8	District No. 2; providing authority to impose a tax and issue bonds;
9	9	granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle I, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 9039 to read as follows:
13	13	CHAPTER 9039. COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 2
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 9039.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Comal County Water
19	19	Improvement District No. 2.
20	20	Sec. 9039.002. NATURE OF DISTRICT. The district is a water
21	21	control and improvement district created under Section 59, Article
22	22	XVI, Texas Constitution.
23	23	Sec. 9039.003. CONFIRMATION AND DIRECTORS' ELECTION
24	24	REQUIRED. The temporary directors shall hold an election to
25	25	confirm the creation of the district and to elect five permanent
26	26	directors as provided by Section 49.102, Water Code.
27	27	Sec. 9039.004. CONSENT OF MUNICIPALITY REQUIRED. The
28	28	temporary directors may not hold an election under Section 9039.003
29	29	until each municipality in whose corporate limits or
30	30	extraterritorial jurisdiction the district is located has
31	31	consented by ordinance or resolution to the creation of the
32	32	district and to the inclusion of land in the district.
33	33	Sec. 9039.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
34	34	The district is created to serve a public purpose and benefit.
35	35	(b) The district is created to accomplish the purposes of:
36	36	(1) a water control and improvement district as
37	37	provided by general law and Section 59, Article XVI, Texas
38	38	Constitution; and
39	39	(2) Section 52, Article III, Texas Constitution, that
40	40	relate to the construction, acquisition, improvement, operation,
41	41	or maintenance of macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 9039.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act creating this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act creating this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	[Sections 9039.007-9039.050 reserved for expansion]
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 9039.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 9039.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 9039.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act creating this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the Texas Commission on
66	66	Environmental Quality requesting that the commission appoint as
67	67	temporary directors the five persons named in the petition. The
68	68	commission shall appoint as temporary directors the five persons
69	69	named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 9039.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act creating this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 9039.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 9039.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	[Sections 9039.053-9039.100 reserved for expansion]
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 9039.101. GENERAL POWERS AND DUTIES. The district has
94	94	the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 9039.102. WATER CONTROL AND IMPROVEMENT DISTRICT
97	97	POWERS AND DUTIES. The district has the powers and duties provided
98	98	by the general law of this state, including Chapters 49 and 51,
99	99	Water Code, applicable to water control and improvement districts
100	100	created under Section 59, Article XVI, Texas Constitution.
101	101	Sec. 9039.103. AUTHORITY FOR ROAD PROJECTS. Under Section
102	102	52, Article III, Texas Constitution, the district may design,
103	103	acquire, construct, finance, issue bonds for, improve, operate,
104	104	maintain, and convey to this state, a county, or a municipality for
105	105	operation and maintenance macadamized, graveled, or paved roads, or
106	106	improvements, including storm drainage, in aid of those roads.
107	107	Sec. 9039.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
108	108	project must meet all applicable construction standards, zoning and
109	109	subdivision requirements, and regulations of each municipality in
110	110	whose corporate limits or extraterritorial jurisdiction the road
111	111	project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards,
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 9039.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
121	121	OR RESOLUTION. The district shall comply with all applicable
122	122	requirements of any ordinance or resolution that is adopted under
123	123	Section 42.042, Local Government Code, and that consents to the
124	124	creation of the district or to the inclusion of land in the
125	125	district.
126	126	Sec. 9039.106. LIMITATION ON USE OF EMINENT DOMAIN. The
127	127	district may not exercise the power of eminent domain outside the
128	128	district to acquire a site or easement for:
129	129	(1) a road project authorized by Section 9039.103; or
130	130	(2) a recreational facility as defined by Section
131	131	49.462, Water Code.
132	132	Sec. 9039.107. DIVISION OF DISTRICT. (a) The district may
133	133	be divided into two or more new districts only if the district:
134	134	(1) has no outstanding bonded debt; and
135	135	(2) is not imposing ad valorem taxes.
136	136	(b) This chapter applies to any new district created by the
137	137	division of the district, and a new district has all the powers and
138	138	duties of the district.
139	139	(c) Any new district created by the division of the district
140	140	may not, at the time the new district is created, contain any land
141	141	outside the area described by Section 2 of the Act creating this
142	142	chapter.
143	143	(d) The board, on its own motion or on receipt of a petition
144	144	signed by the owner or owners of a majority of the assessed value of
145	145	the real property in the district, may adopt an order dividing the
146	146	district.
147	147	(e) The board may adopt an order dividing the district
148	148	before or after the date the board holds an election under Section
149	149	9039.003 to confirm the district's creation.
150	150	(f) An order dividing the district shall:
151	151	(1) name each new district;
152	152	(2) include the metes and bounds description of the
153	153	territory of each new district;
154	154	(3) appoint temporary directors for each new district;
155	155	and
156	156	(4) provide for the division of assets and liabilities
157	157	between or among the new districts.
158	158	(g) On or before the 30th day after the date of adoption of
159	159	an order dividing the district, the district shall file the order
160	160	with the Texas Commission on Environmental Quality and record the
161	161	order in the real property records of each county in which the
162	162	district is located.
163	163	(h) Any new district created by the division of the district
164	164	shall hold a confirmation and directors' election as required by
165	165	Section 9039.003.
166	166	(i) Municipal consent to the creation of the district and to
167	167	the inclusion of land in the district granted under Section
168	168	9039.004 acts as municipal consent to the creation of any new
169	169	district created by the division of the district and to the
170	170	inclusion of land in the new district.
171	171	(j) Any new district created by the division of the district
172	172	must hold an election as required by this chapter to obtain voter
173	173	approval before the district may impose a maintenance tax or issue
174	174	bonds payable wholly or partly from ad valorem taxes.
175	175	[Sections 9039.108-9039.150 reserved for expansion]
176	176	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
177	177	Sec. 9039.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
178	178	district may issue, without an election, bonds and other
179	179	obligations secured by:
180	180	(1) revenue other than ad valorem taxes; or
181	181	(2) contract payments described by Section 9039.153.
182	182	(b) The district must hold an election in the manner
183	183	provided by Chapters 49 and 51, Water Code, to obtain voter approval
184	184	before the district may impose an ad valorem tax or issue bonds
185	185	payable from ad valorem taxes.
186	186	(c) The district may not issue bonds payable from ad valorem
187	187	taxes to finance a road project unless the issuance is approved by a
188	188	vote of a two-thirds majority of the district voters voting at an
189	189	election held for that purpose.
190	190	Sec. 9039.152. OPERATION AND MAINTENANCE TAX. (a) If
191	191	authorized at an election held under Section 9039.151, the district
192	192	may impose an operation and maintenance tax on taxable property in
193	193	the district in accordance with Section 49.107, Water Code.
194	194	(b) The board shall determine the tax rate. The rate may not
195	195	exceed the rate approved at the election.
196	196	Sec. 9039.153. CONTRACT TAXES. (a) In accordance with
197	197	Section 49.108, Water Code, the district may impose a tax other than
198	198	an operation and maintenance tax and use the revenue derived from
199	199	the tax to make payments under a contract after the provisions of
200	200	the contract have been approved by a majority of the district voters
201	201	voting at an election held for that purpose.
202	202	(b) A contract approved by the district voters may contain a
203	203	provision stating that the contract may be modified or amended by
204	204	the board without further voter approval.
205	205	[Sections 9039.154-9039.200 reserved for expansion]
206	206	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
207	207	Sec. 9039.201. AUTHORITY TO ISSUE BONDS AND OTHER
208	208	OBLIGATIONS. The district may issue bonds or other obligations
209	209	payable wholly or partly from ad valorem taxes, impact fees,
210	210	revenue, contract payments, grants, or other district money, or any
211	211	combination of those sources, to pay for any authorized district
212	212	purpose.
213	213	Sec. 9039.202. TAXES FOR BONDS. At the time the district
214	214	issues bonds payable wholly or partly from ad valorem taxes, the
215	215	board shall provide for the annual imposition of a continuing
216	216	direct ad valorem tax, without limit as to rate or amount, while all
217	217	or part of the bonds are outstanding as required and in the manner
218	218	provided by Section 51.433, Water Code.
219	219	Sec. 9039.203. BONDS FOR ROAD PROJECTS. At the time of
220	220	issuance, the total principal amount of bonds or other obligations
221	221	issued or incurred to finance road projects and payable from ad
222	222	valorem taxes may not exceed one-fourth of the assessed value of the
223	223	real property in the district.
224	224	SECTION 2. The Comal County Water Improvement District No.
225	225	2 initially includes all the territory contained in the following
226	226	area:
227	227	Being 2040 acres tract of land describing a political
228	228	subdivision in Comal County, Texas, comprising a portion of the
229	229	Vicente Salinas Survey No. 393, Abstract 519, a portion of the
230	230	Phillip Engleback Survey No. 388, Abstract 139, a portion of the
231	231	Joseph Thompson Survey No. 751, Abstract 615, a portion of the SA &
232	232	MG Railroad Company Survey No. 593, Abstract 579, all of the Jacob
233	233	Heidrich Survey No. 638, Abstract 242, a portion of the Gottlieb
234	234	Kempin Survey No. 634, Abstract 322, a portion of the Joseph
235	235	Thompson Survey No. 750, Abstract 607, a portion of the Gustav
236	236	Brecher Survey No. 639, Abstract 159, a portion of the G. Ulrich
237	237	Survey, Abstract 634, a portion of the SA & MG Railroad Company
238	238	Survey No. 592, Abstract 576, a portion of the D. Pfueffer Survey
239	239	No. 496, Abstract 465, a portion of the G. Pfeuffer Survey No. 495,
240	240	Abstract 464, and a portion of the Francisco Rodriguez Survey No.
241	241	99, Abstract 484, Comal County, Texas, same being a portion of a
242	242	520.882 acre tract described in Document #9606007621, Official
243	243	Records, Comal County, Texas, a portion of a 1441.153 acre tract
244	244	described as "FIRST TRACT" in Volume 795, Page 833, recorded in
245	245	Comal County, Texas, all of a 3.068 acre tract described in Document
246	246	#9606002717, Official Records, Comal County, Texas, all of a 4.62
247	247	acre tract described in Volume 795, Page 899, recorded in Comal
248	248	County, Texas, all of a 70.103 acre tract described as "SECOND
249	249	TRACT" in Volume 795, Page 833, recorded in Comal County, Texas, and
250	250	all of a 16.715 acre tract described as "THIRD TRACT" in Volume 795,
251	251	Page 899, recorded in Comal County, Texas, and including a portion
252	252	of F.M. 482, more particularly described by metes and bounds as
253	253	follows:
254	254	BEGINNING at a point in the northwest right-of-way line of
255	255	the Union Pacific Railroad, said point being also the south corner
256	256	of the aforementioned 16.715 acre tract;
257	257	THENCE along the southwest line of the aforementioned 16.715
258	258	acre tract, N 38 19' 53" W a distance of 728.60 to a point in the
259	259	southeast right-of-way line of the aforementioned F.M. 482;
260	260	THENCE crossing said F.M. 482, N 38 19' 53" W a distance of
261	261	58.89 feet to a point in the northwest right-of-way line of said
262	262	F.M. 482 for a corner of the herein described 2040 acre tract;
263	263	THENCE along the aforementioned northwest right-of-way line
264	264	of F.M. 482, S 38 48' 47" W a distance of 315.41 feet to a point for
265	265	a corner of the herein described 2040 acre tract;
266	266	THENCE leaving the aforementioned northwest right-of-way
267	267	line of F.M. 482 along the southwest line of the aforementioned
268	268	70.103 acre tract the following six courses:
269	269	N 36 49' 58" W a distance of 173.13 feet to a point;
270	270	N 27 18' 53" W a distance of 191.27 feet to a point;
271	271	N 29 48' 15" W a distance of 568.37 feet to a point;
272	272	N 29 33' 14" W a distance of 542.19 feet to a point;
273	273	N 29 42' 14" W a distance of 1073.71 feet to a point;
274	274	N 29 44' 32" W a distance of 289.13 feet to a point in the
275	275	southeast right-of-way line of the Union Pacific Railroad;
276	276	THENCE leaving the aforementioned southeast right-of-way
277	277	line of the Union Pacific Railroad and crossing said right-of-way,
278	278	N 33 52' 36" W a distance of 95.61 feet to a point in the northwest
279	279	right-of-way line of said right-of-way;
280	280	THENCE leaving the aforementioned northwest right-of-way
281	281	line of Union Pacific Railroad along a southwest line of the
282	282	aforementioned 1441.153 acre tract the following thirteen courses:
283	283	N 29 53' 25" W a distance of 1697.53 feet to a point;
284	284	N 30 21' 49" W a distance of 2519.32 feet to a point;
285	285	N 30 37' 56" W a distance of 2062.52 feet to a point;
286	286	N 30 18' 19" W a distance of 421.53 feet to a point for a
287	287	corner of the herein described 2040 acre tract;
288	288	N 25 16' 50" W a distance of 30.81 feet to a point;
289	289	N 30 14' 39" W a distance of 23.87 feet to a point for a
290	290	re-entrant corner of the herein described 2040 acre tract;
291	291	S 57 53' 34" W a distance of 465.11 feet to a point for a
292	292	corner of the herein described 2040 acre tract;
293	293	N 33 09' 15" W a distance of 587.57 feet to a point for a
294	294	corner of the herein described 2040 acre tract;
295	295	N 76 43' 30" W a distance of 820.61 feet to a point for a
296	296	corner of the herein described 2040 acre tract;
297	297	N 31 15' 16" W a distance of 416.84 feet to a point;
298	298	N 31 30' 02" W a distance of 1271.43 feet to a point;
299	299	N 31 22' 46" W a distance of 1333.52 feet to a point;
300	300	N 31 23' 29" W a distance of 2227.66 feet to a point for a
301	301	corner of the herein described 2040 acre tract;
302	302	THENCE continuing along the line of the aforementioned 1441.153
303	303	acre tract the following sixteen courses:
304	304	S 60 52' 50" W a distance of 497.70 feet to a point;
305	305	S 59 01' 28" W a distance of 1115.95 feet to a point;
306	306	S 59 02' 57" W a distance of 914.41 feet to a point;
307	307	S 59 03' 01" W a distance of 1114.41 feet to a point;
308	308	S 57 23' 13" W a distance of 32.92 feet to a point for a corner
309	309	of the herein described 2040 acre tract;
310	310	N 30 56' 02" W a distance of 465.31 feet to a point for a
311	311	corner of the herein described 2040 acre tract;
312	312	N 33 31' 12" E a distance of 6.26 feet to a point for a corner
313	313	of the herein described 2040 acre tract;
314	314	N 79 04' 59" E a distance of 199.49 to a point for a
315	315	re-entrant corner of the herein described 2040 acre tract;
316	316	N 20 21' 39" W a distance of 1136.74 to a point;
317	317	N 19 38' 37" W a distance of 1581.04 to a point for a corner of
318	318	the herein described 2040 acre tract;
319	319	N 53 11' 57" E a distance of 959.99 to a point;
320	320	N 51 15' 55" E a distance of 168.17 to a point;
321	321	N 53 10' 13" E a distance of 370.06 to a point for a
322	322	re-entrant corner of the herein described 2040 acre tract;
323	323	N 40 42' 50" W a distance of 1092.82 to a point for a corner of
324	324	the herein described 2040 acre tract;
325	325	N 52 20' 54" E a distance of 1809.14 to a point;
326	326	N 51 51' 39" E a distance of 2017.89 to a point for a north
327	327	corner of the aforementioned 1441.153 acre tract and a west
328	328	corner of the aforementioned 520.882 acre tract;
329	329	THENCE along the west line of the aforementioned 520.882 acre tract
330	330	the following nine courses and distances:
331	331	N 41 27' 49 E a distance of 423.79 to a point for a re-entrant
332	332	corner of the herein described 2040 acre tract;
333	333	N 40 11' 18 W a distance of 706.65 to a point for a corner of
334	334	the herein described 2040 acre tract;
335	335	N 07 15' 48 E a distance of 439.57 to a point;
336	336	N 15 08' 12 E a distance of 352.85 to a point;
337	337	N 03 18' 42 W a distance of 161.89 to a point;
338	338	N 05 05' 26 W a distance of 135.58 to a point;
339	339	N 02 13' 02 E a distance of 40.64 to a point;
340	340	N 05 37' 31 E a distance of 521.62 to a point;
341	341	N 20 22' 27 E a distance of 95.14 to a point in the south
342	342	right-of-way line of F.M. 1863 for a northwest corner of the
343	343	herein described tract;
344	344	THENCE with the aforementioned south line of F.M. 1863 the
345	345	following 8 courses:
346	346	N 51 29' 50" E a distance of 175.09 to a point;
347	347	N 57 58' 53" E a distance of 136.67 to a point of curvature;
348	348	A distance of 596.10 feet with the arc of a curve to the right
349	349	having a radius of 3564.00 feet, a central angle of 9 34' 59",
350	350	and a chord that bears N 62 46' 23" E a distance of 595.41
351	351	feet to a point of tangency;
352	352	N 67 33' 52" E a distance of 335.48 to a point of curvature;
353	353	A distance of 562.48 feet with the arc of a curve to the right
354	354	having a radius of 1106.28 feet, a central angle of 29 07'
355	355	54", and a chord bearing N 82 07' 49" E a distance of 556.44
356	356	feet to a point of tangency;
357	357	S 83 18' 14" E a distance of 362.86 to a point;
358	358	S 86 38' 26" E a distance of 345.46 to a point;
359	359	N 89 51' 46" E a distance of 759.89 to a point for the
360	360	northeast corner of the herein described 2040 acre tract;
361	361	THENCE leaving the aforementioned south line of F.M. 1863 and
362	362	crossing the aforementioned 520.882 acre tract the following 5
363	363	courses:
364	364	S 04 10' 58" W a distance of 832.87 to a point of curvature;
365	365	A distance of 1011.26 feet with the arc of a curve to the left
366	366	having a radius of 1950 feet, a central angle of 29 42' 48",
367	367	and a chord bearing S 10 40' 26" E a distance of 999.97 feet
368	368	to a point of tangency;
369	369	S 25 31' 50" E a distance of 403.22 to a point of curvature;
370	370	A distance of 1319.83 feet with the arc of a curve to the
371	371	right having radius of 1840 feet, a central angle of 41 05'
372	372	54", and a chord bearing S 04 58' 53" E a distance of 1291.72
373	373	feet to a point of tangency;
374	374	S 15 34' 04" W a distance of 1199.41 to a point;
375	375	THENCE S 37 26' 09" E a distance of 1838.77 to a point for a corner
376	376	of the herein described 2040 acre tract;
377	377	THENCE along the north line of the aforementioned 3.068 acre tract
378	378	the following 4 courses:
379	379	N 52 30' 49" E a distance of 2294.03 to a point;
380	380	N 56 29' 27" E a distance of 253.16 to a point;
381	381	N 60 06' 52" E a distance of 1753.03 to a point;
382	382	N 23 59' 42" E a distance of 57.02 to a point in the southwest
383	383	line of Krueger Canyon Road for a corner of the herein
384	384	described 2040 acre tract;
385	385	THENCE leaving the north line of the aforementioned 3.068 acre
386	386	tract along the southwest line of Krueger Canyon Road the following
387	387	two courses:
388	388	S 42 27' 33" E a distance of 59.64 feet to a point;
389	389	S 56 34' 29" E a distance of 51.14 to a point for a corner of
390	390	the herein described 2040 acre tract;
391	391	THENCE leaving aforementioned southwest line of Krueger Canyon Road
392	392	along the southeast line of a 4.62 acre tract as described in Volume
393	393	795, Page 899, recorded in Comal County, Texas, the following three
394	394	courses:
395	395	S 60 08' 27" W a distance of 1964.80 to a point;
396	396	S 52 24' 31" W a distance of 2406.31 to a point;
397	397	S 73 01' 33" W a distance of 154.97 to a point;
398	398	THENCE leaving the southeast line of the aforementioned 4.62 acre
399	399	tract along the line of the herein described 2040 acre tract, S 56
400	400	25' 06" W a distance of 638.95 to a point for a corner of the herein
401	401	described 2040 acre tract;
402	402	THENCE along the southwest line of a of a 13.86 acre tract described
403	403	in Volume 795, Page 899, recorded in Comal County, Texas, the
404	404	following three courses:
405	405	S 31 15' 27" E a distance of 74.53 to a point;
406	406	S 41 39' 34" E a distance of 2866.81 to a point;
407	407	S 30 05' 38" E a distance of 3464.80 to a point for a corner of
408	408	the herein described 2040 acre tract;
409	409	THENCE leaving the southwest line of the aforementioned 13.86 acre
410	410	tract along the northeast line of the aforementioned 1441.153 acre
411	411	tract, being also a northeast line of the herein described tract,
412	412	the following ten courses:
413	413	S 58 40' 39" W a distance of 325.39 to a point for a
414	414	re-entrant corner of the herein described 2040 acre tract;
415	415	S 30 11' 33" E a distance of 1726.02 to a point;
416	416	S 30 44' 44" E a distance of 898.77 to a point;
417	417	S 30 15' 26" E a distance of 302.94 to a point;
418	418	S 30 57' 47" E a distance of 381.87 to a point;
419	419	S 29 33' 10" E a distance of 521.64 to a point;
420	420	S 29 58' 58" E a distance of 1068.26 to a point;
421	421	S 29 22' 09" E a distance of 598.91 to a point;
422	422	S 29 04' 59" E a distance of 520.93 to a point;
423	423	S 30 08' 30" E a distance of 668.29 to a point in the
424	424	northwest right-of-way line of the Union Pacific Railroad,
425	425	formerly the Missouri-Pacific Railroad, formerly the
426	426	International and Great Northern Railroad, for a corner of
427	427	the herein described 2040 acre tract;
428	428	THENCE leaving the aforementioned northeast line of the 1441.153
429	429	acre tract along the aforementioned northwest right-of-way line of
430	430	the Union Pacific Railroad, S 56 53' 04" W a distance of 1454.77
431	431	feet to a point;
432	432	THENCE leaving the aforementioned northwest right-of-way line of
433	433	the Union Pacific Railroad and crossing said right-of-way, S 28 08'
434	434	08" E a distance of 92.87 feet to a point in the southeast
435	435	right-of-way line of said Union Pacific Railroad;
436	436	THENCE leaving the aforementioned southeast right-of-way line of
437	437	Union Pacific Railroad along the northeast line of the
438	438	aforementioned 70.103 acre tract the following three courses:
439	439	S 29 29' 54" E a distance of 1394.17 feet to a point;
440	440	S 30 02' 49" E a distance of 844.61 feet to a point;
441	441	S 38 42' 20" E a distance of 242.41 feet to a point in the
442	442	northwest right-of-way line of F.M. 482;
443	443	THENCE leaving the aforementioned northwest right-of-way line F.M.
444	444	482 and crossing said road, S 41 35' 33" E a distance of 54.99 to a
445	445	point in the southeast right-of-way line of F.M. 482;
446	446	THENCE leaving the aforementioned southeast right-of-way line of
447	447	F.M. 482 along the northeast line of the aforementioned 16.715 acre
448	448	tract, S 35 44' 45" E a distance of 873.43 to a point in the
449	449	aforementioned northwest right-of-way line of the Union Pacific
450	450	Railroad for a corner of the herein described 2040 acre tract;
451	451	THENCE along the southeast line of the aforementioned 16.715 acre
452	452	tract, being the same as the aforementioned right-of-way line of
453	453	the Union Pacific Railroad, S 49 09' 42" W a distance of 882.41 to
454	454	the PLACE OF BEGINNING, and containing 2040 acres of land, more or
455	455	less.
456	456	SECTION 3. (a) The legal notice of the intention to
457	457	introduce this Act, setting forth the general substance of this
458	458	Act, has been published as provided by law, and the notice and a
459	459	copy of this Act have been furnished to all persons, agencies,
460	460	officials, or entities to which they are required to be furnished
461	461	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
462	462	Government Code.
463	463	(b) The governor, one of the required recipients, has
464	464	submitted the notice and Act to the Texas Commission on
465	465	Environmental Quality.
466	466	(c) The Texas Commission on Environmental Quality has filed
467	467	its recommendations relating to this Act with the governor, the
468	468	lieutenant governor, and the speaker of the house of
469	469	representatives within the required time.
470	470	(d) All requirements of the constitution and laws of this
471	471	state and the rules and procedures of the legislature with respect
472	472	to the notice, introduction, and passage of this Act are fulfilled
473	473	and accomplished.
474	474	SECTION 4. This Act takes effect immediately if it receives
475	475	a vote of two-thirds of all the members elected to each house, as
476	476	provided by Section 39, Article III, Texas Constitution. If this
477	477	Act does not receive the vote necessary for immediate effect, this
478	478	Act takes effect September 1, 2009.