Texas 2009 - 81st Regular

Texas House Bill HB4744 Compare Versions

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1	1	81R7858 PMO-F
2	2	By: Gallego H.B. No. 4744
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Lajitas Utility District No. 1 of
8	8	Brewster County; providing authority to impose taxes and issue
9	9	bonds; 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 X, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 11002 to read as follows:
13	13	CHAPTER 11002. LAJITAS UTILITY DISTRICT NO. 1 OF BREWSTER COUNTY
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 11002.001. 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 Lajitas Utility District No.
19	19	1 of Brewster County.
20	20	Sec. 11002.002. NATURE OF DISTRICT. The district is a
21	21	utility district with combined powers created under Section 59,
22	22	Article XVI, Texas Constitution.
23	23	Sec. 11002.003. 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. 11002.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
28	28	(a) The district is created to serve a public purpose and benefit.
29	29	(b) All land and other property included in the district
30	30	will benefit from the improvements and services to be provided by
31	31	the district under powers conferred by Sections 52 and 52-a,
32	32	Article III, and Section 59, Article XVI, Texas Constitution, and
33	33	other powers granted under this chapter.
34	34	(c) The district is created to accomplish the purposes of:
35	35	(1) a municipal utility district as provided by
36	36	general law and Section 59, Article XVI, Texas Constitution;
37	37	(2) Section 52, Article III, Texas Constitution, that
38	38	relate to the construction, acquisition, improvement, operation,
39	39	or maintenance of macadamized, graveled, or paved roads, or
40	40	improvements, including storm drainage, in aid of those roads; and
41	41	(3) Section 52-a, Article III, Texas Constitution,
42	42	that relate to the development and diversification of the economy
43	43	of this state and other purposes of that section.
44	44	(d) The creation of the district is in the public interest
45	45	and essential to:
46	46	(1) further the public purposes of developing and
47	47	diversifying the economy of the state;
48	48	(2) eliminate unemployment and underemployment; and
49	49	(3) develop or expand transportation and commerce.
50	50	(e) The district will:
51	51	(1) promote the health, safety, and general welfare of
52	52	residents, employers, potential employees, employees, visitors,
53	53	and consumers in the district, and of the public;
54	54	(2) provide needed funding for the district to
55	55	preserve, maintain, and enhance the economic health and vitality of
56	56	the district territory as a community and business center; and
57	57	(3) promote the health, safety, welfare, and enjoyment
58	58	of the public by providing pedestrian ways and by landscaping and
59	59	developing certain areas in the district, which are necessary for
60	60	the restoration, preservation, and enhancement of scenic beauty.
61	61	(f) Pedestrian ways along or across a street, whether at
62	62	grade or above or below the surface, and street lighting, street
63	63	landscaping, parking, and street art objects are parts of and
64	64	necessary components of a street and are considered to be a street
65	65	or road improvement.
66	66	(g) The district is not an agent or instrumentality of a
67	67	private interest even though the district will benefit private
68	68	interests as well as the public.
69	69	Sec. 11002.005. INITIAL DISTRICT TERRITORY. (a) The
70	70	district is initially composed of the territory described by
71	71	Section 2 of the Act creating this chapter.
72	72	(b) The boundaries and field notes contained in Section 2 of
73	73	the Act creating this chapter form a closure. A mistake made in the
74	74	field notes or in copying the field notes in the legislative process
75	75	does not affect the district's:
76	76	(1) organization, existence, or validity;
77	77	(2) right to issue any type of bond for the purposes
78	78	for which the district is created or to pay the principal of and
79	79	interest on a bond;
80	80	(3) right to impose a tax; or
81	81	(4) legality or operation.
82	82	[Sections 11002.006-11002.050 reserved for expansion]
83	83	SUBCHAPTER B. BOARD OF DIRECTORS
84	84	Sec. 11002.051. GOVERNING BODY; TERMS. (a) The district is
85	85	governed by a board of five elected directors.
86	86	(b) Except as provided by Section 11002.052, directors
87	87	serve staggered four-year terms.
88	88	Sec. 11002.052. TEMPORARY DIRECTORS. (a) The temporary
89	89	board consists of:
90	90	(1) Brent Ratliff;
91	91	(2) George Kutch;
92	92	(3) John Nolan;
93	93	(4) Renee Lorenz; and
94	94	(5) H. C. Ross.
95	95	(b) If a temporary director fails to qualify for office, the
96	96	temporary directors who have qualified shall appoint a person to
97	97	fill the vacancy.
98	98	(c) Temporary directors serve until the earlier of:
99	99	(1) the date permanent directors are elected under
100	100	Section 11002.003; or
101	101	(2) the fourth anniversary of the effective date of
102	102	the Act creating this chapter.
103	103	(d) If permanent directors have not been elected under
104	104	Section 11002.003 and the terms of the temporary directors have
105	105	expired, successor temporary directors shall be appointed or
106	106	reappointed as provided by Subsection (e) to serve terms that
107	107	expire on the earlier of:
108	108	(1) the date permanent directors are elected under
109	109	Section 11002.003; or
110	110	(2) the fourth anniversary of the date of the
111	111	appointment or reappointment.
112	112	(e) If Subsection (d) applies, the owner or owners of a
113	113	majority of the assessed value of the real property in the district
114	114	may submit a petition to the Texas Commission on Environmental
115	115	Quality requesting that the commission appoint as successor
116	116	temporary directors the five persons named in the petition. The
117	117	commission shall appoint as successor temporary directors the five
118	118	persons named in the petition.
119	119	[Sections 11002.053-11002.100 reserved for expansion]
120	120	SUBCHAPTER C. POWERS AND DUTIES
121	121	Sec. 11002.101. GENERAL POWERS AND DUTIES. The district
122	122	has the powers and duties necessary to accomplish the purposes for
123	123	which the district is created.
124	124	Sec. 11002.102. MUNICIPAL UTILITY DISTRICT POWERS AND
125	125	DUTIES. The district has the powers and duties provided by the
126	126	general law of this state, including Chapters 49 and 54, Water Code,
127	127	applicable to municipal utility districts created under Section 59,
128	128	Article XVI, Texas Constitution.
129	129	Sec. 11002.103. IMPROVEMENT PROJECTS AND SERVICES. The
130	130	district may provide improvement projects and services in the same
131	131	manner as a municipal management district under Section 375.112,
132	132	Local Government Code.
133	133	Sec. 11002.104. AUTHORITY FOR ROAD PROJECTS. (a) Under
134	134	Section 52, Article III, Texas Constitution, the district may
135	135	design, acquire, construct, finance, issue bonds for, improve, and
136	136	convey to this state, a county, or a municipality for operation and
137	137	maintenance macadamized, graveled, or paved roads described by
138	138	Section 54.234, Water Code, or improvements, including storm
139	139	drainage, in aid of those roads.
140	140	(b) The district may exercise the powers provided by this
141	141	section without submitting a petition to or obtaining approval from
142	142	the Texas Commission on Environmental Quality as required by
143	143	Section 54.234, Water Code.
144	144	Sec. 11002.105. APPROVAL OF ROAD PROJECT. (a) The district
145	145	may not undertake a road project authorized by Section 11002.104
146	146	unless:
147	147	(1) each county that will operate and maintain the
148	148	road has approved the plans and specifications of the road project,
149	149	if a county will operate and maintain the road; or
150	150	(2) the Texas Transportation Commission has approved
151	151	the plans and specifications of the road project, if the state will
152	152	operate and maintain the road.
153	153	(b) Except as provided by Subsection (a), the district is
154	154	not required to obtain approval from the Texas Transportation
155	155	Commission to design, acquire, construct, finance, issue bonds for,
156	156	improve, or convey a road project.
157	157	Sec. 11002.106. COMPLIANCE WITH MUNICIPAL CONSENT
158	158	ORDINANCE OR RESOLUTION. The district shall comply with all
159	159	applicable requirements of any ordinance or resolution that is
160	160	adopted under Section 54.016 or 54.0165, Water Code, and that
161	161	consents to the creation of the district or to the inclusion of land
162	162	in the district.
163	163	Sec. 11002.107. LIMITATION ON USE OF EMINENT DOMAIN. The
164	164	district may not exercise the power of eminent domain outside the
165	165	district to acquire a site or easement for:
166	166	(1) a road project authorized by Section 11002.104; or
167	167	(2) a recreational facility as defined by Section
168	168	49.462, Water Code.
169	169	Sec. 11002.108. ELECTRIC POWER FACILITIES. The district
170	170	may construct, acquire, improve, maintain, and operate electric
171	171	power generating, transmission, and distribution facilities and
172	172	improvements in aid of these facilities.
173	173	Sec. 11002.109. AIRPORT. The district may construct,
174	174	acquire, improve, maintain, and operate an airport and improvements
175	175	in aid of the airport.
176	176	Sec. 11002.110. EXERCISE OF POWERS OF DEVELOPMENT
177	177	CORPORATION. The district may exercise the powers of a corporation
178	178	created under the Development Corporation Act (Subtitle C1, Title
179	179	12, Local Government Code).
180	180	Sec. 11002.111. DIVISION OF DISTRICT. (a) The district may
181	181	be divided into two or more new districts only if the district:
182	182	(1) has no outstanding bonded debt; and
183	183	(2) is not imposing ad valorem taxes.
184	184	(b) This chapter applies to any new district created by the
185	185	division of the district, and a new district has all the powers and
186	186	duties of the district.
187	187	(c) Any new district created by the division of the district
188	188	may not, at the time the new district is created, contain any land
189	189	outside the area described by Section 2 of the Act creating this
190	190	chapter.
191	191	(d) The board, on its own motion or on receipt of a petition
192	192	signed by the owner or owners of a majority of the assessed value of
193	193	the real property in the district, may adopt an order dividing the
194	194	district.
195	195	(e) The board may adopt an order dividing the district
196	196	before or after the date the board holds an election under Section
197	197	11002.003 to confirm the district's creation.
198	198	(f) An order dividing the district shall:
199	199	(1) name each new district;
200	200	(2) include the metes and bounds of each new district;
201	201	(3) appoint temporary directors for each new district;
202	202	and
203	203	(4) provide for the division of assets and liabilities
204	204	between or among the new districts.
205	205	(g) On or before the 30th day after the date of adoption of
206	206	an order dividing the district, the district shall file the order
207	207	with the Texas Commission on Environmental Quality and record the
208	208	order in the real property records of each county in which the
209	209	district is located.
210	210	(h) Any new district created by the division of the district
211	211	shall hold a confirmation and directors' election as required by
212	212	Section 11002.003.
213	213	(i) Any new district created by the division of the district
214	214	must hold an election as required by this chapter to obtain voter
215	215	approval before the district may impose a maintenance tax or issue
216	216	bonds payable wholly or partly from ad valorem taxes.
217	217	(j) If the voters of a new district do not confirm the
218	218	creation of the new district, the assets, obligations, territory,
219	219	and governance of the new district revert to that of the original
220	220	district.
221	221	[Sections 11002.112-11002.150 reserved for expansion]
222	222	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
223	223	Sec. 11002.151. ELECTIONS REGARDING TAXES OR BONDS. (a)
224	224	The district may issue, without an election, bonds and other
225	225	obligations secured by:
226	226	(1) revenue other than ad valorem taxes; or
227	227	(2) contract payments described by Section 11002.153.
228	228	(b) The district must hold an election in the manner
229	229	provided by Chapters 49 and 54, Water Code, to obtain voter approval
230	230	before the district may impose an ad valorem tax or issue bonds
231	231	payable from ad valorem taxes.
232	232	(c) The district may not issue bonds payable from ad valorem
233	233	taxes to finance a road project unless the issuance is approved by a
234	234	vote of a two-thirds majority of the district voters voting at an
235	235	election held for that purpose.
236	236	Sec. 11002.152. OPERATION AND MAINTENANCE TAX. (a) If
237	237	authorized at an election held under Section 11002.151, the
238	238	district may impose an operation and maintenance tax on taxable
239	239	property in the district in accordance with Section 49.107, Water
240	240	Code.
241	241	(b) The board shall determine the tax rate. The rate may not
242	242	exceed the rate approved at the election.
243	243	Sec. 11002.153. CONTRACT TAXES. (a) In accordance with
244	244	Section 49.108, Water Code, the district may impose a tax other than
245	245	an operation and maintenance tax and use the revenue derived from
246	246	the tax to make payments under a contract after the provisions of
247	247	the contract have been approved by a majority of the district voters
248	248	voting at an election held for that purpose.
249	249	(b) A contract approved by the district voters may contain a
250	250	provision stating that the contract may be modified or amended by
251	251	the board without further voter approval.
252	252	Sec. 11002.154. HOTEL OCCUPANCY TAX. The district may
253	253	impose a hotel occupancy tax in the same manner as a municipality
254	254	and for the same purposes as provided by Chapter 351, Tax Code. A
255	255	tax imposed under this section may not exceed the maximum rate
256	256	provided in Section 351.003(a), Tax Code.
257	257	Sec. 11002.155. SALES AND USE TAX. (a) The district may
258	258	impose a sales and use tax if authorized by a majority of the voters
259	259	of the district voting at an election called for that purpose.
260	260	Revenue from the tax may be used for any purpose for which ad
261	261	valorem tax revenue of the district may be used.
262	262	(b) The district may not adopt a sales and use tax if as a
263	263	result of the adoption of the tax the combined rate of all sales and
264	264	use taxes imposed by the district and other political subdivisions
265	265	of this state having territory in the district would exceed two
266	266	percent at any location in the district.
267	267	(c) If the voters of the district approve the adoption of
268	268	the tax at an election held on the same election date on which
269	269	another political subdivision adopts a sales and use tax or
270	270	approves an increase in the rate of its sales and use tax and as a
271	271	result the combined rate of all sales and use taxes imposed by the
272	272	district and other political subdivisions of this state having
273	273	territory in the district would exceed two percent at any location
274	274	in the district, the election to adopt a sales and use tax under
275	275	this chapter has no effect.
276	276	(d) Chapter 321, Tax Code, applies to the imposition,
277	277	computation, administration, enforcement, and collection of the
278	278	sales and use tax imposed by this section except to the extent it is
279	279	inconsistent with this chapter.
280	280	Sec. 11002.156. ASSESSMENTS. The district may levy and
281	281	collect special assessments in the same manner and for the same
282	282	purposes as a municipal management district as provided in
283	283	Subchapter F, Chapter 375, Local Government Code.
284	284	[Sections 11002.157-11002.200 reserved for expansion]
285	285	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
286	286	Sec. 11002.201. AUTHORITY TO ISSUE BONDS AND OTHER
287	287	OBLIGATIONS. The district may issue bonds or other obligations
288	288	payable wholly or partly from ad valorem taxes, impact fees,
289	289	revenue, contract payments, grants, hotel occupancy taxes, sales
290	290	and use taxes, other district money, or any combination of those
291	291	sources to pay for any authorized district purpose.
292	292	Sec. 11002.202. TAXES FOR BONDS. (a) At the time the
293	293	district issues bonds payable wholly or partly from ad valorem
294	294	taxes, the board shall provide for the annual imposition of an ad
295	295	valorem tax, without limit as to rate or amount, as required by
296	296	Section 54.601, Water Code.
297	297	(b) The board shall annually impose the tax while all or
298	298	part of the bonds are outstanding. Sections 54.601 and 54.602,
299	299	Water Code, govern the amount and rate of the tax.
300	300	Sec. 11002.203. BONDS FOR ROAD PROJECTS. At the time of
301	301	issuance, the total principal amount of bonds or other obligations
302	302	issued or incurred to finance road projects and payable from ad
303	303	valorem taxes may not exceed one-fourth of the assessed value of the
304	304	real property in the district.
305	305	SECTION 2. The Lajitas Utility District No. 1 of Brewster
306	306	County initially includes all the territory contained in the
307	307	following area:
308	308	Tract 1
309	309	Being parts of the following Surveys:
310	310	T. C. Ry. Co. Surveys, Block 341
311	311	G. C. & S.F. Ry. Co. Surveys, Block G-12
312	312	M. K. & TE. Ry. Co. Surveys, Block G-5
313	313	Beginning at a rock mound found for the northeast corner of Section
314	314	73 and the northwest corner of Section 72, Block 341, T. C. Ry. Co.
315	315	Surveys common with the northeast corner of Section 59, the
316	316	northwest corner of Section 60, Block G-12, G. C. & SF Ry. Co.
317	317	Surveys in Brewster County, Texas this being the Place of Beginning
318	318	of this survey description of property located north of the center
319	319	line of FM Highway 170;
320	320	THENCE S 89 38' 51" W, a distance of 5,277.8 feet along the north
321	321	section line of said Section 73 to a rock mound located at the
322	322	northwest corner of said Section 73 common to the northeast corner
323	323	of Section 84, Block 341;
324	324	THENCE S 89 38' 51" W, a distance of 5,277.8 feet along the north
325	325	section line of said Section 84 a rock mound located at the
326	326	northwest corner of said Section 84, common to the northeast corner
327	327	of Section 85, Block 341;
328	328	THENCE S 89 38' 51" W, a distance of 5,277.8 feet along the north
329	329	section line of said Section 85 to a rock mound located at the
330	330	northeast corner of Section 96,common with the southeast corner of
331	331	Section 56 Block 341;
332	332	THENCE N 00 21' 09" W, a distance of 5,277.8 feet along the east
333	333	section line of said Section 56 to a rock mound located at the
334	334	northeast corner of said Section 56, common with the northwest
335	335	corner of Section 57, and the southwest corner of Section 44, Block
336	336	12;
337	337	THENCE S 89 38' 51" W, a distance of 5,277.8 feet along the north
338	338	section line of said Section 56 to a rock mound located at the
339	339	northwest corner of said Section 56, common the northeast corner of
340	340	Section 55, Block 341;
341	341	THENCE N 00 21' 09" W, a distance of 5,277.8 feet along the east
342	342	section line of said Section 48 to a rock mound located at the
343	343	southeast corner of said Section 47; common with the southeast
344	344	corner of Section 47, and the southwest corner of Section 46, Block
345	345	341;
346	346	THENCE N 00 21' 09" W, a distance of 5,277.8 feet along the east
347	347	section line of said Section 47 to a rock mound located at the
348	348	northeast corner of said Section 47; common with the southeast
349	349	corner of Section 103, and the northwest corner of Section 46, Block
350	350	341
351	351	THENCE N 00 21' 09" W, a distance of 5,277.8 feet along the east
352	352	section line of said Section 103 to a rock mound located at the
353	353	northeast corner of said Section 103; common with the southeast
354	354	corner of Section 102, Block G-5;
355	355	THENCE S 89 38' 51" W, a distance of 5,277.8 feet along the north
356	356	section line of said Section 103 to a rock mound located at the
357	357	northeast corner of Section 105;
358	358	THENCE N 00 21' 09" W, a distance of 5,277.8 feet along the east
359	359	section line of said Section 105 to a rock mound located at the
360	360	northeast corner of Section 92; common with the northwest corner of
361	361	Section 102 , Block G-5;
362	362	THENCE S 89 38' 51" W, a distance of 5,277.8 feet along the north
363	363	section line of said Section 105 and the east line of Section 106 to
364	364	a rock mound located at the northwest corner of said Section 105;
365	365	THENCE S 00 21' 09" E, a distance of 5,277.8 feet along the west
366	366	section line of said Section 105 and the east line of Section 106 to
367	367	a rock mound located at the southwest corner of said Section 105;
368	368	THENCE N 89 38' 51" E, a distance of 5,277.8 feet along the south
369	369	section line of said Section 105 to a rock mound located at the
370	370	southeast corner of said Section 105, common with the northwest
371	371	corner of Section 103, Block G-5;
372	372	THENCE S 00 21' 09" E, a distance of 5,277.8 feet along the west
373	373	section line of said Section 103 to a rock mound located at the
374	374	northwest corner of said Section 47, common with the southwest
375	375	corner of Section 103, Block G-5;
376	376	THENCE S 00 21' 09" E, a distance of 5,277.8 feet along the west
377	377	section line of said Section 47 to a rock mound located at the
378	378	northwest corner of said Section 48;
379	379	THENCE S 00 21' 09" E, a distance of 5,277.8 feet along the west
380	380	section line of said Section 48 to a rock mound located at the
381	381	northwest corner of said Section 55, common with the southeast
382	382	corner of Section 49, Block G-12,
383	383	THENCE S 00 21' 09" E, a distance of 5,277.8 feet along the west
384	384	section line of said Section 55 from a rock mound located at the
385	385	northwest corner of said Section 55, common with the southwest
386	386	corner of Section 48, Block G-12, from which face of bluff bears S
387	387	70 W and the south point of rim bears N 84 30' W;
388	388	THENCE N 89 38' 51" E, a distance of 5,277.8 feet along the south
389	389	section line of said Section 55 to a rock mound located at the
390	390	southwest corner of said Section 56, common with the northwest
391	391	corner of Section 96, Block 341;
392	392	THENCE S 00 21' 09" E, a distance of 5,277.8 feet along the west
393	393	section line of said Section 96 to a rock mound located at the
394	394	northeast corner of said Section 98, common with the northwest
395	395	corner of Section 95, Block 341; a rock mound located at the
396	396	northwest corner of said Section 95, common with the southwest
397	397	corner of Section 96, Block 341, from which Emory Peak bears S 80
398	398	45' E and a rock mound bears East 40 vares, this rock mound, also
399	399	being the northeast corner of Section 98, and the southeast corner
400	400	of Section 97 all in Block 341;
401	401	THENCE S 00 21' 09" E, a distance of 5,277.8 feet along the west
402	402	section line of said Section 95 to a rock mound located at the
403	403	southeast corner of Section 98;
404	404	THENCE S 89 38' 51" W, a distance of 5,277.8 feet along the south
405	405	section line of said Section 98 to a rock mound located at the
406	406	southwest corner of said Section 98;
407	407	THENCE N 00 21' 09" W, a distance of 5,277.8 feet (called 1,900
408	408	vares) along the east section line of Section 101 to a rock mound
409	409	located at the northwest corner of said Section 98;
410	410	THENCE S 89 38' 51" W, a distance of 4,333.4 feet along the north
411	411	section line of said Section 101 to a rock mound located on the east
412	412	line Section 36;
413	413	THENCE N 00 21' 09" W, a distance of 1,466.7 feet along the east
414	414	section line of said Section 36 to a rock mound common with the
415	415	northwest corner with Section 101, Block 341;
416	416	THENCE S 89 38' 51" W (called East), a distance of 2,638.9 feet
417	417	along the north section line of said Section 36 to a rock mound
418	418	located at the northwest corner of said Section 36;
419	419	THENCE S 00 21' 09" E (called North), a distance of 50.6 feet, more
420	420	or less, along the west section line of said Section 36 to a rock
421	421	mound located at the northeast corner of said Section 35,
422	422	continuing 7,389.7 feet, to the north right-of-way line of FM
423	423	Highway 170;
424	424	THENCE S 00 21' 09" E (called North), a distance of 60.0 feet, more
425	425	or less, along the west section line of said Section 36 to the
426	426	center line of said of FM Highway 170;
427	427	THENCE along the established center line as follows;
428	428	THENCE N 86 22' 11.64" E, a distance of 669.91 feet along the
429	429	center line of the right-of-way line of F. M. Highway 170 to point
430	430	located at the beginning of a curve to the left having a center line
431	431	central angle of 10 10' 58.5" Left, a Radius of 1,909.86 feet;
432	432	THENCE around the said curve to the left, a distance of 339.43 feet,
433	433	to a point of tangent;
434	434	THENCE N 76 11' 13.08" E, a distance of 203.77 feet along the
435	435	center line of the right-of-way line of F. M. Highway 170 to point
436	436	located at the beginning of a curve to the right having a center
437	437	line central angle of 62 55' 02.1" Right, a Radius of 818.51 feet;
438	438	THENCE around the said curve to the right, a distance of 898.82
439	439	feet, to a point of tangent;
440	440	THENCE S 40 53' 44.8"E, a distance of 1,564.13 feet along the
441	441	center line of the right-of-way line of F. M. Highway 170 to a point
442	442	located on the Section line between Sections 36 and 37, and
443	443	continuing on a distance of 72.2 feet to the beginning of a curve to
444	444	the left, having a center line central angle of 50 46' 37.1" left,
445	445	a R = 954.93 feet;
446	446	THENCE around the said curve to the left, a distance of 846.28 feet,
447	447	to a point of tangent;
448	448	THENCE N 88 19' 38" E, a distance of 747.91 feet along the center
449	449	line of the right-of-way line of F. M. Highway 170 to point located
450	450	at the beginning of a curve to the left having a center line central
451	451	angle of 33 39 ' 17" left , a R = 1,909.86 feet;
452	452	THENCE around the said curve to the left, a distance of 670.43 feet,
453	453	to a point located on the Section line between Sections 37 and 100,
454	454	and continuing on a distance of 451.4 feet to a point of tangent;
455	455	THENCE N 54 40' 21"E, a distance of 2,677.46 feet along the center
456	456	line of the right-of-way line of F. M. Highway 170 to a point
457	457	located on the Section line between Sections 100 and 99, and
458	458	continuing on a distance of 3,073.0 feet to the beginning of a curve
459	459	to the right, having a center line central angle of 44 08'
460	460	21"'right, a R = 1,273.24 feet; and this Easement is described an
461	461	recorded in Volume 133 Page 435 of the Brewster County Deed Records;
462	462	THENCE around the said curve to the right, a distance of 980.87
463	463	feet, to a point of tangent;
464	464	THENCE S 81 11' 18" E, a distance of 672.9 feet along the center
465	465	line of the right-of-way line of F. M. Highway 170 to point located
466	466	at the beginning of a curve to the left having a center line central
467	467	angle of 43 21' 04" left , a R = 818.51 feet;
468	468	THENCE around the said curve to the left, a distance of 419.60 feet,
469	469	to a point located on the Section line between Sections 99 and 94,
470	470	and continuing on a distance of 199.7 feet to a point of tangent,
471	471	and this Easement is described an recorded in Volume 133 Page 436 of
472	472	the Brewster County Deed Records;
473	473	THENCE N 55 27' 37.7" E, a distance of 82.6 feet along the center
474	474	line of the right-of-way line of F. M. Highway 170 to a point
475	475	located on the Section line between Sections 94 and 95, and
476	476	continuing on a distance of 5,266.18 feet to the beginning of a
477	477	curve to the right, having a center line central angle of 25 53'
478	478	27.6" right, a R = 1,432.39 feet;
479	479	THENCE around the said curve to the right, a distance of 647.28
480	480	feet, to a point of tangent;
481	481	THENCE N 81 21' 05.4" E, a distance of 267.0 feet along the center
482	482	line of the right-of-way line of F. M. Highway 170 to a point
483	483	located on the Section line between Sections 95 and 86, and
484	484	continuing on a distance of 995.5 feet to the beginning of a curve
485	485	to the right, having a center line central angle of 61 36' 29.6"
486	486	right, a R = 881.47 feet ;
487	487	THENCE around the said curve to the right, a distance of 947.82
488	488	feet, to a point of tangent;
489	489	THENCE S 37 02' 25" E, a distance of 1,119.4 feet along the center
490	490	line of the right-of-way line of F. M. Highway 170 to point located
491	491	at the beginning of a curve to the left having a center line central
492	492	angle of 56 48' 15.5" left , a R = 1,145.92 feet;
493	493	THENCE around the said curve to the left, a distance of 1,136.09
494	494	feet, to a point of tangent;
495	495	THENCE N 86 09'19.5" E, a distance of 1,899.44 feet along the
496	496	center line of the right-of-way line of F. M. Highway 170 to the
497	497	beginning of a curve to the left, having a center line central angle
498	498	of 11 33' 03.2" left, a R = 5,729.58 feet and this Easement is
499	499	described an recorded in Volume 133 Page 437 of the Brewster County
500	500	Deed Records;
501	501	THENCE around the said curve to the left, a distance of 1,155.09
502	502	feet, to a point of tangent;
503	503	THENCE N 74 36' 16.3" E, a distance of 1,512.63 feet along the
504	504	center line of the right-of-way line of F. M. Highway 170 to point
505	505	located at the beginning of a curve to the left having a center line
506	506	central angle of 16 44' 06.5" left , a R = 2,864.79 feet;
507	507	THENCE around the said curve to the left, a distance of 836.76 feet,
508	508	to a point of tangent;
509	509	THENCE N 57 52' 09.7 " E, a distance of 807.2 feet along the center
510	510	line of the right-of-way line of F. M. Highway 170 to point located
511	511	at the beginning of a curve to the left having a center line central
512	512	angle of 04 00' 03" left , a R = 11,459.16 feet;
513	513	THENCE around the said curve to the left, a distance of 800.19 feet,
514	514	to a point of tangent;
515	515	THENCE N 61 52' 13.1" E, a distance of 807.2 feet along the center
516	516	line of the right-of-way line of F. M. Highway 170 to a point
517	517	located on the Section line between Sections 83 and 74, , and this
518	518	Easement is described an recorded in Volume 4 Page 166 of the
519	519	Brewster County Deed Records, and continuing on a distance of
520	520	2,714.68 feet a point located on the Section line between Sections
521	521	74 and 73, and continuing on a distance of 20.1 feet for a total
522	522	distance of 3,541.98 feet to the beginning of a curve to the left,
523	523	having a center line central angle of 26 39' 56.7" left, a R =
524	524	1,637.02 feet; and this Easement is described an recorded in Volume
525	525	133 Page 438 of the Brewster County Deed Records;
526	526	THENCE around the said curve to the left, a distance of 761.88 feet,
527	527	to a point of tangent;
528	528	THENCE N 35 12' 16.4" E, a distance of 538.0 feet along the center
529	529	line of the right-of-way line of F. M. Highway 170 to point located
530	530	at the beginning of a curve to the right having a center line
531	531	central angle of 27 06' 51" right, a R = 1,909.86 feet ;
532	532	THENCE around the said curve to the right, a distance of 903.81
533	533	feet, to a point of tangent;
534	534	THENCE N 62 19' 08.1" E, a distance of 264.68 feet along the center
535	535	line of the right-of-way line of F. M. Highway 170 to point located
536	536	at the beginning of a curve to the left having a center line central
537	537	angle of 13 50' 09.2" Left, a R = 2,864.79;
538	538	THENCE around the said curve to the left, a distance of 691.79 feet,
539	539	to a point of tangent;
540	540	THENCE N 48 28' 59" E, a distance of 46.84 feet along the center
541	541	line of the right-of-way line of F. M. Highway 170 to a point
542	542	located on the Section line between Sections 73 and 72;
543	543	THENCE N 02 35' 58" W (called North), a distance of 1,799.22 feet,
544	544	more or less, along the east line of said Section 73 to a rock mound,
545	545	this being the Place of Beginning of this survey description of
546	546	property located north of the centerline of FM Highway 170; The land
547	547	area contained within this description is 7,949.704 acres, more or
548	548	less, including a sixty (60.0) foot wide (one half of a 120.0 foot
549	549	wide right-of-way) strip of land along the north half of FM Highway
550	550	170.
551	551	Tract 2
552	552	Being parts of the following Surveys:
553	553	T. C. Ry. Co. Surveys, Block 341
554	554	G. H. & S.A. Ry. Co. Surveys, Block 17
555	555	Commencing at a rock mound found for the northeast corner of Section
556	556	73 and the northwest corner of Section 72, Block 341, T. C. Ry. Co.
557	557	Surveys common with the southeast corner of Section 59, the
558	558	northwest corner of Section 60, Block G-12, G. C. & SF Ry. Co.
559	559	Surveys in Brewster County, Texas;
560	560	THENCE S 02 35' 58" E (called South), a distance of 1,799.22 feet
561	561	along the east section line of said Section 73 to iron rod located
562	562	on the south right-of-way line of F M Highway 170 on the section
563	563	line between Section 72 and Section 73 Block 341, T. C. Ry. Co.
564	564	Surveys in Brewster County, Texas, this being the Place of
565	565	Beginning;
566	566	THENCE S 00 48' 31" W, a distance of 3,480.68 feet along the said
567	567	east line of said Section 73 and the west line of Section 72 to a
568	568	rock mound located at the southeast corner of said Section 73 common
569	569	to the southwest corner of said Section 72 and the northwest corner
570	570	of Section 64 Block 341;
571	571	THENCE N 89 38' 51" E , a distance of 5,277.8 feet along the north
572	572	section line of said Section 64 a rock mound located at the
573	573	northeast corner of said Section 64 common to the northwest corner
574	574	of said Section 65 and the southwest corner of Section 71 Block 341;
575	575	THENCE N 00 21' 00" W, a distance of 5,277.8 feet along the west
576	576	section line of said Section 71 to a rock mound located at the
577	577	northeast corner of said Section 72 common to the northwest corner
578	578	of said Section 71 and the southwest corner of Section 70 Block 341
579	579	and the southeast corner of Section 60 Block G-12;
580	580	THENCE N 00 21' 09" W, a distance of 2,631.36 feet along the west
581	581	section line of said Section 70 and the east section line of Section
582	582	60 to a iron rod located on the south right-of-way line of F M
583	583	Highway 170, described being 120 feet in width in total width with
584	584	the south right-of-way line located 60 feet from the center line of
585	585	the road, and this Easement is described an recorded in Volume 133
586	586	Page 438 of the Brewster County Deed Records;
587	587	THENCE N 64 13' 04" E, a distance of 869.0 feet along the south
588	588	right-of-way line of F. M. Highway 170 to an iron rod set by Walker;
589	589	THENCE S 16 33' 44" E, a distance of 444.09 feet to an iron rod set
590	590	by Walker;
591	591	THENCE S 36 44' 19" E, a distance of 348.44 feet to an iron rod set
592	592	by Walker;
593	593	THENCE S 08 07' 25" E, a distance of 679.25 feet to an iron rod set
594	594	by Walker;
595	595	THENCE N 89 38' 51" E, a distance of 2,980.6 feet along the north
596	596	section line of said Section 71 a rock mound located at the
597	597	northeast corner of said Section 71, common to the northwest corner
598	598	of said Section 68 Block 341;
599	599	THENCE S 00 21' 09" E, a distance of 5,277.8 feet along the east
600	600	section line of said Section 71 to a rock mound located at the
601	601	northeast corner of said Section 71 common to the northwest corner
602	602	of said Section 67 Block 341;
603	603	THENCE N 89 38' 51" E, a distance of 5,277.8 feet, more or less,
604	604	along the north section line of said Section 67 to a rock mound
605	605	located at the northeast corner of said Section 67 on the west
606	606	section line of Section 299 Block G-12;
607	607	THENCE S 00 21' 09" E, a distance of 3,997.3 feet, more or less,
608	608	along the east section line of said Section 67 to a rock mound
609	609	located at the southeast corner of said Section 67 common to the
610	610	west section line of Section 299 Block G-12 and the north section
611	611	line of Section 34 Block 17;
612	612	THENCE N 40 00' E, a distance of 3,777.8 feet, more or less, along
613	613	the north section line of said Section 34 Block 17 to a rock mound
614	614	located at the northeast corner of Section 34 and the southwest
615	615	corner of Section 35 Block 17;
616	616	THENCE S 50 00' E, a distance of 5,277.8 feet, more or less, along
617	617	the east section line of said Section 34 Block 17 to a rock mound
618	618	located at the northern most corner of Section 33 and the western
619	619	most corner of Section 36 Block 17;
620	620	THENCE S 50 00' E, a distance of 5,277.8 feet, more or less, along
621	621	the east section line of said Section 33 Block 17 to a rock mound
622	622	located at the northern most corner of Section 32 and the western
623	623	most corner of Section 37 Block 17;
624	624	THENCE S 50 00' E, a distance of 5,277.8 feet, more or less, along
625	625	the east section line of said Section 32 Block 17 to a rock mound
626	626	located at the northern most corner of Section 31 and the western
627	627	most corner of Section 38 Block 17;
628	628	THENCE S 50 00' E, a distance of 5,277.8 feet, more or less, along
629	629	the east section line of said Section 31 Block 17 to a rock mound
630	630	located at the astern most corner of Section 31 and the western most
631	631	corner of Section 39 Block 17;
632	632	THENCE S 40 00' W, a distance of 5,277.8 feet, more or less, along
633	633	the south section line of said Section 31 Block 17 to a rock mound
634	634	located at the northern most corner of
635	635	Section 25 and the western most corner of Section 30 Block 17;
636	636	THENCE S 50 00' E, a distance of 5,277.8 feet, more or less, along
637	637	the east section line of said Section 25 Block 17 to a rock mound
638	638	located at the eastern most corner of Section 25 and the western
639	639	most corner of Section 29 Block 17, being a point on the boundary
640	640	line of the Big Bend National Park;
641	641	THENCE S 40 00' W, a distance of 5,277.8 feet, more or less, along
642	642	the south section line of said Section 25 Block 17 to a rock mound
643	643	located at the southern most corner of Section 25 and the western
644	644	most corner of Section 26 Block 17, being a point on the boundary
645	645	line of the Big Bend National Park;
646	646	THENCE N 50 00' W, a distance of 5,277.8 feet, more or less, along
647	647	the west section line of said Section 25 Block 17 along the boundary
648	648	line of the Big Bend National Park;
649	649	to a rock mound located at the western most corner of Section
650	650	25 and the southern most corner of Section 24 Block 17;
651	651	THENCE N 40 00' E, a distance of 5,277.8 feet, more or less, along
652	652	the north section line of said Section 25 Block 17 to a rock mound
653	653	located at the northern most corner of Section 25 and the southern
654	654	most corner of Section 31 Block 17;
655	655	THENCE N 50 00' W, a distance of 5,277.8 feet, more or less, along
656	656	the west section line of said Section 31 Block 17 to a rock mound
657	657	located at the eastern most corner of Section 23 and the southern
658	658	most corner of Section 32 Block 17;
659	659	THENCE S 40 00' W, a distance of 5,277.8 feet, more or less, along
660	660	the south section line of said Section 23 Block 17 to a rock mound
661	661	located at the southern most corner of Section 23 and the northern
662	662	most corner of Section 17 Block 17;
663	663	THENCE S 50 00' E, a distance of 5,277.8 feet, more or less, along
664	664	the east section line of said Section 17 Block 17 to a rock mound
665	665	located at the eastern most corner of Section 17 and the northern
666	666	most corner of Section 16 Block 17, being a point on the boundary
667	667	line of the Big Bend National Park;
668	668	THENCE S 40 00' W, a distance of 5,277.8 feet, more or less, along
669	669	the south section line of said Section 17 Block 17 along the
670	670	boundary line of the Big Bend National Park to a rock mound located
671	671	at the southern most corner of Section 17 and the western most
672	672	corner of Section 16 Block 17;
673	673	THENCE N 50 00' W, a distance of 5,277.8 feet, more or less, along
674	674	the west section line of said Section 17 Block 17 along the boundary
675	675	line of the Big Bend National Park to a rock mound located at the
676	676	western most corner of Section 17 and the eastern most corner of
677	677	Section 9 Block 17;
678	678	THENCE N 40 00' E, a distance of 5,277.8 feet, more or less, along
679	679	the north section line of said Section 17 Block 17 to a rock mound
680	680	located at the northern most corner of Section 17 and the southern
681	681	most corner of Section 23 Block 17;
682	682	THENCE N 50 00' W, a distance of 5,277.8 feet, more or less, along
683	683	the west section line of said Section 23 Block 17 to a rock mound
684	684	located at the western most corner of Section 23 and the southern
685	685	most corner of Section 22 Block 17;
686	686	THENCE S 40 00' W, a distance of 5,277.8 feet, more or less, along
687	687	the south section line of said Section 19 Block 17 to a rock mound
688	688	located at the southern most corner of Section 19 and the northern
689	689	most corner of Section 9 Block 17;
690	690	THENCE S 50 00' E, a distance of 5,277.8 feet, more or less, along
691	691	the east section line of said Section 9 Block 17 to a rock mound
692	692	located at the eastern most corner of Section 9 and the northern
693	693	most corner of Section 10 Block 17, being a point on the boundary
694	694	line of the Big Bend National Park;
695	695	THENCE S 40 00' W, a distance of 5,277.8 feet, more or less, along
696	696	the south section line of said Section 9 Block 17 along the boundary
697	697	line of the Big Bend National Park to a rock mound located at the
698	698	southern most corner of Section 9 and the western most corner of
699	699	Section 9 Block 17;
700	700	THENCE N 50 00' W, a distance of 5,277.8 feet, more or less, along
701	701	the west section line of said Section 9 Block 17 along the boundary
702	702	line of the Big Bend National Park to a rock mound located at the
703	703	western most corner of Section 9 and the eastern most corner of
704	704	Section 5 Block 17;
705	705	THENCE N 40 00' E, a distance of 5,277.8 feet, more or less, along
706	706	the north section line of said Section 9 Block 17 to a rock mound
707	707	located at the northern most corner of Section 9 and the southern
708	708	most corner of Section 19 Block 17;
709	709	THENCE N 50 00' W, a distance of 5,277.8 feet, more or less, along
710	710	the west section line of said Section 19 Block 17 to a rock mound
711	711	located at the western most corner of Section 19 and the eastern
712	712	most corner of Section 8 Block 17;
713	713	THENCE N 40 00' E, a distance of 5,277.8 feet, more or less, along
714	714	the north section line of said Section 19 Block 17 to a rock mound
715	715	located at the northern most corner of Section 19 and the southern
716	716	most corner of Section 21 Block 17;
717	717	THENCE N 50 00' W, a distance of 5,277.8 feet, more or less, along
718	718	the west section line of said Section 21 Block 17 to a rock mound
719	719	located at the western most corner of Section 21 and the northern
720	720	most corner of Section 20 Block 17, this point being on the common
721	721	line with Section 66 Block 341;
722	722	THENCE S 40 00' W, a distance of 5,277.8 feet, more or less, along
723	723	the north section line of said Section 20 Block 17 and the
724	724	southeasterly line of said Section 66 to a rock mound at the
725	725	northern most corner of Section 7 Block 17;
726	726	THENCE S 50 00' E, a distance of 5,277.8 feet, more or less, along
727	727	the east section line of said Section 7 Block 17 to a rock mound
728	728	located at the eastern most corner of Section 7 and the northern
729	729	most corner of Section 8 Block 17
730	730	THENCE S 40 00' W, a distance of 5,277.8 feet, more or less, along
731	731	the south section line of said Section 7 Block 17 to a rock mound
732	732	located at the southern most corner of Section 7 and the eastern
733	733	most corner of Section 6 Block 17 , being a point on the boundary
734	734	line of the Big Bend National Park;
735	735	THENCE N 50 00' W, a distance of 5,277.8 feet, more or less, along
736	736	the west section line of said Section 7 Block 17 along the boundary
737	737	line of the Big Bend National Park to a rock mound located at the
738	738	western most corner of Section 7 and the eastern most corner of
739	739	Section 6 Block 17, being a point on the southeast line of Section
740	740	61 Block 341;
741	741	THENCE N 40 00' E, a distance of 2,065.8 feet, more or less, along
742	742	the north section line of said Section 7 Block 17 and the southeast
743	743	section line of Section 62 Block 341 to a rock mound located at the
744	744	northeasterly most corner of Section 61 Block 341 being a point on
745	745	the boundary line of the Big Bend National Park;
746	746	THENCE N 88 51' 19" W, a distance of 6,375.1 feet along the section
747	747	line between said Section 61 and Section 62 being the boundary line
748	748	of the Big Bend National Park to a rock mound located at the
749	749	southwest most corner of Section 62 on the east line of Section 76
750	750	Block 341;
751	751	THENCE S 01 11' 14" W, a distance of 675.0 feet along the east line
752	752	of said Section 76 being the boundary line of the Big Bend National
753	753	Park to a rock mound located at the southeast most corner of Section
754	754	76 on the north line of Section 61 Block 341;
755	755	THENCE N 88 46' 10" W, a distance of 5,277.8 feet along the south
756	756	section line of Section 76 between said Section 61 and 78 being the
757	757	boundary line of the Big Bend National Park to a rock mound located
758	758	at the southwest most corner of Section 76 on the east line of
759	759	Section 81 Block 341;
760	760	THENCE N 88 46' 10" W, a distance of 5,277.8 feet along the south
761	761	section line of Section 81 between said Section 60 being the
762	762	boundary line of the Big Bend National Park to a rock mound located
763	763	at the southwest most corner of Section 81 on the east line of
764	764	Section 88 Block 341;
765	765	THENCE N 88 46' 10" W, a distance of 5,277.8 feet along the south
766	766	section line of Section 88 between said Section 89 being the
767	767	boundary line of the Big Bend National
768	768	Park to a rock mound located at the southwest most corner of Section
769	769	88 on the east line of Section 93 Block 341;
770	770	THENCE N 88 46' 10" W, a distance of 4,874.2 feet along the south
771	771	section line of Section 93 between said Section 41 being the
772	772	boundary line of the Big Bend National Park to a rock mound located
773	773	at the southwest most corner of Section 93 on the east line of
774	774	Section 41 Block 341;
775	775	THENCE N 00 49' 07" E, a distance of 2080.0 feet, more or less,
776	776	along the west section line of Section 93 located between said
777	777	Section 41 being the boundary line of the Big Bend National Park to
778	778	a rock mound located at the southeast most corner of Section 92 on
779	779	the east line of Section 41 Block 341;
780	780	THENCE N 88 43' 49" W, a distance of 2,001.5 feet, more or less,
781	781	along the south section line of Section 92 Block 341 and the north
782	782	line of Section 41, being the boundary line of the Big Bend National
783	783	Park, to a rock mound located at the northwest most corner of
784	784	Section 41;
785	785	THENCE S 01 16' 11" W, a distance of 316.1 feet, more or less, along
786	786	the west section line of Section 41 and the offset east line of
787	787	Section 92, being the boundary line of the Big Bend National Park,
788	788	to a rock mound located on the south line of Section 92;
789	789	THENCE N 88 43' 49" W, a distance of 2,334.6 feet, more or less,
790	790	along the south section line of Section 92 Block 341 and the north
791	791	line of Section 48, being the boundary line of the Big Bend National
792	792	Park, to a rock mound and concrete marker located at the southwest
793	793	most corner of Section 92;
794	794	THENCE N 01 16' 11" E, a distance of 1,908.1 feet along the section
795	795	line between said Section 92 and Section 49, being the boundary line
796	796	of the Big Bend National Park, to a rock mound and concrete marker
797	797	located at the southeast most corner of Section 100 Block 341 at the
798	798	northeast corner of Section 49;
799	799	THENCE N 88 43' 49" W, a distance of 2,632.6 feet, more or less,
800	800	along the south section line of Section 100 Block 341 and the north
801	801	line of Section 49, being the boundary line of the Big Bend National
802	802	Park, to a rock mound and concrete marker located at the northwest
803	803	most corner of Section 49 and the southwest corner of Section 100;
804	804	THENCE S 01 16' 12" W, a distance of 4,599.4 feet, more or less,
805	805	along the west section line of Section 49 , being the boundary line
806	806	of the Big Bend National Park, to a rock mound located on the south
807	807	line of Section 37 and being the northeast corner of Section 38
808	808	Block 341;
809	809	THENCE N 88 43' 49" W, a distance of 3,330.3 feet, more or less,
810	810	along the south section line of Section 37 Block 341 and the north
811	811	line of Section 38, being the boundary
812	812	line of the Big Bend National Park, to a rock mound and located at
813	813	the meanders of the Rio Grande at the southwest most corner of said
814	814	Section 37 and the northwest most corner of Section 38;
815	815	THENCE along the east meandering line of the bank of the Rio Grande,
816	816	as identified in the year of April 2007, described as follows:
817	817	N 20 07' 30" E, a distance of 335.53 feet
818	818	S 87 27' 30" E, a distance of 877.59 feet
819	819	N 25 19' 25" E, a distance of 219.65 feet
820	820	N 11 41' 28" E, a distance of 511.26 feet
821	821	N 23 23' 39" E, a distance of 510.57 feet
822	822	N 19 19' 32" E, a distance of 645.17 feet
823	823	N 02 03' 28" E, a distance of 270.32 feet
824	824	N 20 01' 04" E, a distance of 337.82 feet
825	825	N 38 01' 14" E, a distance of 827.59 feet
826	826	N 38 19' 39" W, a distance of 754 08 feet
827	827	N 07 15' 04" W, a distance of 1,333.57 feet
828	828	N 23 27' 17" W, a distance of 926.79 feet
829	829	N 23 27' 17" W, a distance of 115.86 feet
830	830	N 17 48' 38" W, a distance of 580.31 feet
831	831	N 11 49' 17" W, a distance of 461.28 feet
832	832	N 23 38' 37" W, a distance of 802.90 feet
833	833	N 05 44' 52" W, a distance of 99.91 feet to the beginning of a
834	834	curve to the left with a central angle of 77 38' 50" having a cord
835	835	bearing of N 44 34' 17" W with a cord length of 681.47 feet a radius
836	836	of 543.50 feet and continuing along the bank of the Rio Grande
837	837	N 83 23' 43" W, a distance of 222.82 feet
838	838	S 84 41' 58" W, a distance of 732.79 feet to a point on the
839	839	west section line of Section 36 Block 341;
840	840	THENCE N 00 21' 09" W, a distance of 94.84 feet , more or less, to a
841	841	point on the center line of the right-of-way line of F M Highway
842	842	170, and this Easement is described an recorded in Volume 133 Page
843	843	460 - 461 of the Brewster County Deed Records;
844	844	THENCE along the said center line of the right-of-way line of F M
845	845	Highway 170 described as follows:
846	846	THENCE N 86 22' 11.64" E, a distance of 669.91 feet along the
847	847	center line of the right-of-way line of F. M. Highway 170 to point
848	848	located at the beginning of a curve to the left having a center line
849	849	central angle of 10 10' 58.5" Left, a Radius of 1,909.86 feet;
850	850	THENCE around the said curve to the left, a distance of 339.43 feet,
851	851	to a point of tangent;
852	852	THENCE N 76 11' 13.08" E, a distance of 203.77 feet along the
853	853	center line of the right-of-way line of F. M. Highway 170 to point
854	854	located at the beginning of a curve to the right having a center
855	855	line central angle of 62 55' 02.1" Right , a Radius of 818.51 feet;
856	856	THENCE around the said curve to the right, a distance of 898.82
857	857	feet, to a point of tangent;
858	858	THENCE S 40 53' 44.8"E, a distance of 1,564.13 feet along the
859	859	center line of the right-of-way line of F. M. Highway 170 to a point
860	860	located on the Section line between Sections 36 and 37, and
861	861	continuing on a distance of 72.2 feet to the beginning of a curve to
862	862	the left, having a center line central angle of 50 46' 37.1" left,
863	863	a R = 954.93 feet;
864	864	THENCE around the said curve to the left, a distance of 846.28 feet,
865	865	to a point of tangent;
866	866	THENCE N 88 19' 38" E, a distance of 747.91 feet along the center
867	867	line of the right-of-way line of F. M. Highway 170 to point located
868	868	at the beginning of a curve to the left having a center line central
869	869	angle of 33 39 ' 17" left , a R = 1,909.86 feet;
870	870	THENCE around the said curve to the left, a distance of 670.43 feet,
871	871	to a point located on the Section line between Sections 37 and 100,
872	872	and continuing on a distance of 451.4 feet to a point of tangent;
873	873	THENCE N 54 40' 21"E, a distance of 2,677.46 feet along the center
874	874	line of the right-of-way line of F. M. Highway 170 to a point
875	875	located on the Section line between Sections 100 and 99, and
876	876	continuing on a distance of 3,073.0 feet to the beginning of a curve
877	877	to the right, having a center line central angle of 44 08'
878	878	21"'right, a R = 1,273.24 feet; and this Easement is described and
879	879	recorded in Volume 133 Page 435 of the Brewster County Deed Records;
880	880	THENCE around the said curve to the right, a distance of 980.87
881	881	feet, to a point of tangent;
882	882	THENCE S 81 11' 18" E, a distance of 672.9 feet along the center
883	883	line of the right-of-way line of F. M. Highway 170 to point located
884	884	at the beginning of a curve to the left having a center line central
885	885	angle of 43 21' 04" left , a R = 818.51 feet;
886	886	THENCE around the said curve to the left, a distance of 419.60 feet,
887	887	to a point located on the Section line between Sections 99 and 94,
888	888	and continuing on a distance of 199.7 feet to a point of tangent,
889	889	and this Easement is described an recorded in Volume 133 Page 436 of
890	890	the Brewster County Deed Records;
891	891	THENCE N 55 27' 37.7" E, a distance of 82.6 feet along the center
892	892	line of the right-of-way line of F. M. Highway 170 to a point
893	893	located on the Section line between Sections 94 and 95, and
894	894	continuing on a distance of 5,266.18 feet to the beginning of a
895	895	curve to the right, having a center line central angle of 25 53'
896	896	27.6" right, a R = 1,432.39 feet;
897	897	THENCE around the said curve to the right, a distance of 647.28
898	898	feet, to a point of tangent;
899	899	THENCE N 81 21' 05.4" E, a distance of 267.0 feet along the center
900	900	line of the right-of-way line of F. M. Highway 170 to a point
901	901	located on the Section line between Sections 95 and 86, and
902	902	continuing on a distance of 995.5 feet to the beginning of a curve
903	903	to the right, having a center line central angle of 61 36' 29.6"
904	904	right, a R = 881.47 feet ;
905	905	THENCE around the said curve to the right, a distance of 947.82
906	906	feet, to a point of tangent;
907	907	THENCE S 37 02' 25" E, a distance of 1,119.4 feet along the center
908	908	line of the right-of-way line of F. M. Highway 170 to point located
909	909	at the beginning of a curve to the left having a center line central
910	910	angle of 56 48' 15.5" left , a R = 1,145.92 feet;
911	911	THENCE around the said curve to the left, a distance of 1,136.09
912	912	feet, to a point of tangent;
913	913	THENCE N 86 09'19.5" E, a distance of 1899.44 feet along the center
914	914	line of the right-of-way line of F. M. Highway 170 to the beginning
915	915	of a curve to the left, having a center line central angle of 11 33'
916	916	03.2" left, a R = 5,729.58 feet and this Easement is described an
917	917	recorded in Volume 133 Page 437 of the Brewster County Deed Records;
918	918	THENCE around the said curve to the left, a distance of 1,155.09
919	919	feet, to a point of tangent;
920	920	THENCE N 74 36' 16.3" E, a distance of 1,512.63 feet along the
921	921	center line of the right-of-way line of F. M. Highway 170 to point
922	922	located at the beginning of a curve to the left having a center line
923	923	central angle of 16 44' 06.5" left , a R = 2,864.79 feet;
924	924	THENCE around the said curve to the left, a distance of 836.76 feet,
925	925	to a point of tangent;
926	926	THENCE N 57 52' 09.7 " E, a distance of 807.2 feet along the center
927	927	line of the right-of-way line of F. M. Highway 170 to point located
928	928	at the beginning of a curve to the left having a center line central
929	929	angle of 04 00' 03" left , a R = 11,459.16 feet;
930	930	THENCE around the said curve to the left, a distance of 800.19 feet,
931	931	to a point of tangent;
932	932	THENCE N 61 52' 13.1" E, a distance of 807.2 feet along the center
933	933	line of the right-of-way line of F. M. Highway 170 to a point
934	934	located on the Section line between Sections 83 and 74, , and this
935	935	Easement is described an recorded in Volume 4 Page 166 of the
936	936	Brewster County Deed Records, and continuing on a distance of
937	937	2,714.68 feet a point located on the Section line between Sections
938	938	74 and 73, and continuing on a distance of 20.1 feet for a total
939	939	distance of 3,541.98 feet to the beginning of a curve to the left,
940	940	having a center line central angle of 26 39' 56.7" left, a R =
941	941	1,637.02 feet; and this Easement is described an recorded in Volume
942	942	133 Page 438 of the Brewster County Deed Records;
943	943	THENCE around the said curve to the left, a distance of 761.88 feet,
944	944	to a point of tangent;
945	945	THENCE N 35 12' 16.4" E, a distance of 538.0 feet along the center
946	946	line of the right-of-way line of F. M. Highway 170 to point located
947	947	at the beginning of a curve to the right having a center line
948	948	central angle of 27 06' 51" right, a R = 1,909.86 feet ;
949	949	THENCE around the said curve to the right, a distance of 903.81
950	950	feet, to a point of tangent;
951	951	THENCE N 62 19' 08.1" E, a distance of 264.68 feet along the center
952	952	line of the right-of-way line of F. M. Highway 170 to point located
953	953	at the beginning of a curve to the left having a center line central
954	954	angle of 13 50' 09.2" Left, a R = 2,864.79;
955	955	THENCE around the said curve to the left, a distance of 691.79 feet,
956	956	to a point of tangent;
957	957	THENCE N 48 28' 59" E, a distance of 46.84 feet along the center
958	958	line of the right-of-way line of F. M. Highway 170 to a point
959	959	located on the Section line between Sections 73 and 72, this being
960	960	the Place of Beginning of this survey description of property
961	961	located south of the centerline of FM Highway 170. The land area
962	962	contained within this description is 19,908.976 acres, more or
963	963	less, including a sixty (60.0) foot wide (one half of a 120.0 foot
964	964	wide right-of-way) strip of land along the south half of FM Highway
965	965	170.
966	966	Save and Except:
967	967	Comanche Hills, a subdivision in Lajitas, Brewster County, Texas,
968	968	as same appears in Plat Envelope No. 186 in the Plat Records of
969	969	Brewster County, Texas.
970	970	Comanche Mesa, a subdivision in Lajitas, Brewster County, Texas, as
971	971	same appears in Plat Envelope No. 171 in the Plat Records of
972	972	Brewster County, Texas.
973	973	Mesa Vista, a subdivision in Lajitas, Brewster County, Texas, as
974	974	same appears in Plat Envelope No. 193 in the Plat Records of
975	975	Brewster County, Texas.
976	976	Riverview, a subdivision in Lajitas, Brewster County, Texas, as
977	977	same appears in Plat Envelope No. 170 in the Plat Records of
978	978	Brewster County, Texas.
979	979	All of the San Carlos Condominiums, a Condominium Regime recorded
980	980	in Volume 1, Page 1 and amended in Volume 1, Page 71 et seq. and
981	981	Volume 1, Page 83 et seq., of the Condominium Records of Brewster
982	982	County, Texas.
983	983	All of the Lajitas-Boardwalk Condominiums, a Condominium Regime in
984	984	Brewster County, Texas, as same appears in Plat Envelope No. 288B in
985	985	the Plat Records of Brewster County, Texas.
986	986	All of Sections 7, 9, 17, 19, 21, 22, 23, 25, 31, 32, 33 and 34,
987	987	Block 17, G.H. & S.A. Ry. Co., Brewster County, Texas, being 7,680
988	988	acres in all, more or less.
989	989	From Section 65, Block 341, T.C. Ry. Co., Brewster County, Texas:
990	990	SE/4 of the SW/4, being 40 acres;
991	991	NE/4 of the SE/4, being 40 acres;
992	992	N/2 of the NE/4, being 80 acres; and
993	993	NW/4, being 160 acres.
994	994	From Section 67, Block 341, T.C. Ry. Co., Brewster County, Texas:
995	995	23.13 acres conveyed in Volume 249, Page 555 of the Deed
996	996	Records of Brewster County, Texas;
997	997	NW/4, being 160 acres;
998	998	NE/4, being 160 acres;
999	999	NW/4 of the SW/4, being 40 acres; and
1000	1000	NW/4 of the SE/4, being 40 acres.
1001	1001	A 76.06 acre tract of land south of FM Highway 170 in Section 73,
1002	1002	Block 341, T.C. Ry. Co., Brewster County, Texas, conveyed in Volume
1003	1003	123, Page 367 of the Deed Records of Brewster County, Texas.
1004	1004	The E/2 of the SE/4 of Section 76, Block 341, T.C. Ry. Co., Brewster
1005	1005	County, Texas, being 80 acres in all, more or less.
1006	1006	From Section 82, Block 341, T.C. Ry. Co., Brewster County, Texas:
1007	1007	A 13.82 acre tract of land conveyed in Volume 258, Page 757 of
1008	1008	the Deed Records of Brewster County, Texas; and
1009	1009	A 14.07 acre tract of land conveyed in Volume 16, Page 4 of
1010	1010	the Official Public Records of Brewster County, Texas.
1011	1011	From Section 84, Block 341, T.C. Ry. Co., Brewster County, Texas:
1012	1012	N/2 of the SE/4, being 80 acres;
1013	1013	NW/4, being 160 acres;
1014	1014	S/2 of the SW/4, being 80 acres; and
1015	1015	NE/4, being 160 acres.
1016	1016	All of Section 88, Block 341, T.C. Ry. Co., Brewster County, Texas,
1017	1017	being 640 acres in all, more or less.
1018	1018	From Section 99, Block 341, T.C. Ry. Co., Brewster County, Texas:
1019	1019	A 89.6 acre tract of land conveyed in Volume 6, Page 432 of
1020	1020	the Official Public Records of Brewster County, Texas; and
1021	1021	A 99.2 acre tract of land conveyed in Volume 226, Page 329 of
1022	1022	the Official Public Records of Brewster County, Texas.
1023	1023	From Section 100, Block 341, T.C. Ry. Co., Brewster County, Texas:
1024	1024	A 1.233 acre tract of land conveyed in Volume 226, Page 223 of
1025	1025	the Deed Records of Brewster County, Texas, described therein
1026	1026	as a 0.965 acre tract of land.
1027	1027	A 1.40 acre tract of land conveyed in Volume 68, Page 36 of
1028	1028	the Official Public Records of Brewster County, Texas, as
1029	1029	more particularly described below:
1030	1030	Metes and bounds description of a 1.40 acre
1031	1031	tract of land out of Survey 100 (Tract 2)
1032	1032	described in Vol. 9, p. 179, Corrected Field
1033	1033	Note Records, and depicted on a plat filed
1034	1034	in Vol. 9, P. 189, Corrected Field Note
1035	1035	Records, Block 341, T.C. Ry. Co. Surveys,
1036	1036	Brewster County, Texas and being more
1037	1037	particularly described as follows:
1038	1038	BEGINNING at a 1/2" iron rod and cap marked
1039	1039	"WALKER 4425" set for the Northwest corner
1040	1040	of this tract, from which a National Park
1041	1041	monument in a fence corner found in the East
1042	1042	line of Survey 37 for the Northwest corner
1043	1043	of Survey 39 and the Southwest corner of
1044	1044	Survey 100, said Block 341, bears South 26
1045	1045	deg. 08'49" West 1605.64 feet;
1046	1046	THENCE North 31 deg. 35'00" East 294.86 feet
1047	1047	to a 1/2" iron rod and cap marked "WALKER
1048	1048	4425" set for the Northeast corner of this
1049	1049	tract;
1050	1050	THENCE South 31 deg 36'10" East 53.20 feet
1051	1051	to a 1/2" iron rod and cap marked "WALKER
1052	1052	4425" set;
1053	1053	THENCE South 8 deg. 50'02" West, 57.00 feet
1054	1054	to a 1/2" iron rod and cap marked "WALKER
1055	1055	4425" set;
1056	1056	THENCE South 18 deg. 35'24" East 122.12 feet
1057	1057	to a 1/2" iron rod and cap marked "WALKER
1058	1058	4425" set;
1059	1059	THENCE South 78 deg. 42'12" East 246.26 feet
1060	1060	to a 1/2" iron rod and cap marked "WALKER
1061	1061	4425" set for the Southeast corner of this
1062	1062	tract;
1063	1063	THENCE South 38 deg. 29'05" West 206.20 feet
1064	1064	to a 1/2" iron rod and cap marked "WALKER
1065	1065	4425" set for the Southwest corner of this
1066	1066	tract;
1067	1067	THENCE North 32 deg. 25'55" West 69.47 feet
1068	1068	to a 1/2" iron rod and cap marked "WALKER
1069	1069	4425" set;
1070	1070	THENCE North 59 deg. 34'57" West 159.83 feet
1071	1071	to a 1/2" iron rod and cap marked "WALKER
1072	1072	4425" set;
1073	1073	THENCE North 76 deg. 26'32" West 154.83 feet
1074	1074	to the point of beginning.
1075	1075	Bearings and distances are based on the
1076	1076	Texas Coordinate System, South Central Zone
1077	1077	NAD 1927.
1078	1078	All of the Rio Vista Subdivision, as shown in Volume 114, Page 317
1079	1079	of the Official Public Records of Brewster County and as more
1080	1080	particularly described below:
1081	1081	Metes and bounds description of a 1.06 Acre
1082	1082	tract of land, out of Survey 36, Block 341,
1083	1083	T.C. Ry.Co. Surveys, Brewster County,
1084	1084	Texas, said 1.06 acre tract being more
1085	1085	particularly described as follows:
1086	1086	BEGINNING at a point for corner at the
1087	1087	Northeast corner of a 1.06 acre tract
1088	1088	described in Vol. 74, P. 105, Official
1089	1089	Public Records;
1090	1090	THENCE South 2 deg. 30'27" West 122.32 feet
1091	1091	with the East line of said 1.06 acre tract
1092	1092	to a 60d nail previously set by me for a
1093	1093	corner of said 1.06 acre tract;
1094	1094	THENCE South 11 deg. 02'25" East 164.89 feet
1095	1095	to a 1/2" iron rod and cap marked "WALKER
1096	1096	4425" set for the Southeast corner of this
1097	1097	tract;
1098	1098	THENCE South 75 deg. 40' West passing at 12
1099	1099	feet a 1/2" iron rod and a cap marked
1100	1100	"WALKER 4425" and continuing in all 149.83
1101	1101	feet to a point for corner and the Southwest
1102	1102	corner of said tract;
1103	1103	THENCE North 9 deg. 18'52" West 192.05 feet
1104	1104	to a point for corner;
1105	1105	THENCE North 3 deg. 35' West 141.13 feet to a
1106	1106	point for corner and the northwest corner of
1107	1107	said 1.06 acre tract;
1108	1108	THENCE South 86 deg. 40'17" East 159.12 feet
1109	1109	to the POINT OF BEGINNING and containing
1110	1110	more or less, 46,130.04 square feet or 1.06
1111	1111	acres.
1112	1112	Bearings and distances are based on the
1113	1113	Texas Coordinate System, South Central Zone
1114	1114	NAD 1927.
1115	1115	All of the land south of the center line of FM Highway 170 in Section
1116	1116	36, Block 341, T.C. Ry. Co., Brewster County, Texas, as more
1117	1117	particularly described below:
1118	1118	Metes and bounds description of a 102.1 acre
1119	1119	tract of land out of Section 36, Block 341,
1120	1120	T.C. Ry.Co. Surveys, Brewster County, Texas
1121	1121	and being more particularly described as
1122	1122	follows:
1123	1123	BEGINNING at a point in Section 36 on the
1124	1124	center line of FM Highway 170, 120 foot
1125	1125	right-of-way and this Easement is described
1126	1126	and recorded in Volume 133 Page 460 - 461 of
1127	1127	the Brewster County Deed Records;
1128	1128	THENCE N 86 22' 11.64" E, a distance of
1129	1129	669.91 feet along the center line of the
1130	1130	right-of-way line of F. M. Highway 170 to
1131	1131	point located at the beginning of a curve to
1132	1132	the left having a center line central angle
1133	1133	of 10 10' 58.5" Left, a Radius of 1,909.86
1134	1134	feet;
1135	1135	THENCE around the said curve to the left, a
1136	1136	distance of 339.43 feet, to a point of
1137	1137	tangent;
1138	1138	THENCE N 76 11' 13.08" E, a distance of
1139	1139	203.77 feet along the center line of the
1140	1140	right-of-way line of F. M. Highway 170 to
1141	1141	point located at the beginning of a curve to
1142	1142	the right having a center line central angle
1143	1143	of 62 55' 02.1" Right , a Radius of 818.51
1144	1144	feet;
1145	1145	THENCE around the said curve to the right, a
1146	1146	distance of 898.82 feet, to a point of
1147	1147	tangent;
1148	1148	THENCE S 40 53' 44.8"E, a distance of
1149	1149	1,564.13 feet along the center line of the
1150	1150	right-of-way line of F. M. Highway 170 to a
1151	1151	point located on the Section line between
1152	1152	Sections 36 and 37;
1153	1153	THENCE S 00 21' 09"E, a distance of 3922.76
1154	1154	feet along the Section line between the east
1155	1155	line of Section 36 and the west line of
1156	1156	Section 37;
1157	1157	THENCE along the east meandering line of the
1158	1158	bank of the Rio Grande, as identified in the
1159	1159	year of April 2007, described as follows:
1160	1160	N 38 19' 39" W, a distance of 720.19
1161	1161	feet
1162	1162	N 07 15' 04" W, a distance of 1,333.57
1163	1163	feet
1164	1164	N 23 27' 17" W, a distance of 926.79
1165	1165	feet
1166	1166	N 23 27' 17" W, a distance of 115.86
1167	1167	feet
1168	1168	N 17 48' 38" W, a distance of 580.31
1169	1169	feet
1170	1170	N 11 49' 17" W, a distance of 461.28
1171	1171	feet
1172	1172	N 23 38' 37" W, a distance of 802.90
1173	1173	feet
1174	1174	N 05 44' 52" W, a distance of 99.91
1175	1175	feet to the beginning of a curve to the left
1176	1176	with a central angle of 77 38' 50" and
1177	1177	having a cord bearing of N 44 34' 17" W with
1178	1178	a cord length of 681.47 feet and a radius of
1179	1179	543.50 feet and continuing along the bank of
1180	1180	the Rio Grande;
1181	1181	N 83 23' 43" W, a distance of 222.82
1182	1182	feet
1183	1183	S 84 41' 58" W, a distance of 732.798
1184	1184	feet to a point on the west section line of
1185	1185	Section 36 Block 341:
1186	1186	THENCE N 00 21' 09" W, a distance of 94.84
1187	1187	feet , more or less, to the center line of
1188	1188	the right-of-way line of F M Highway 170 and
1189	1189	to THE POINT OF BEGINNING containing,
1190	1190	4,447,180 square feet or 102.1 acres, more
1191	1191	or less.
1192	1192	Bearings and distances are based on the
1193	1193	Texas Coordinate System, South Central Zone
1194	1194	NAD 1927.
1195	1195	All of the land south of the center line of FM Highway 170 in Section
1196	1196	98, Block 341, T.C. Ry. Co., Brewster County, Texas, as more
1197	1197	particularly described below:
1198	1198	Being a 82.8 acre tract of land located in
1199	1199	and a part of Block 341, T.C. Ry. Co.
1200	1200	Surveys and being the southeastern corner
1201	1201	of Section 98 south of the center line of FM
1202	1202	Highway 170 more particularly described as
1203	1203	follows:
1204	1204	BEGINNING at a rock mound located at the
1205	1205	southeast corner of Section 98;
1206	1206	THENCE S 89 38' 51" W a distance of 3622.72
1207	1207	feet to a point for corner in the centerline
1208	1208	of Highway FM 170;
1209	1209	THENCE N 54 40' 21"E, a distance of
1210	1210	2,085.95 feet along the center line of the
1211	1211	right-of-way line of F. M. Highway 170 to
1212	1212	point located at the beginning of a curve to
1213	1213	the right having a center line central angle
1214	1214	of 44 08' 21" Right, a Radius of 1273.24
1215	1215	feet; and this Easement is described and
1216	1216	recorded in Volume 133 Page 435 of the
1217	1217	Brewster County Deed Records;
1218	1218	THENCE around said curve to the right, a
1219	1219	distance of 980.87 feet, to a point of
1220	1220	tangent;
1221	1221	THENCE S 81 11' 18" E, a distance of 672.9
1222	1222	feet along the center line of the
1223	1223	right-of-way line of F. M. Highway 170 to
1224	1224	point located at the beginning of a curve to
1225	1225	the left having a center line central angle
1226	1226	of 22 18' 48" left , a Radius of 818.51
1227	1227	feet;
1228	1228	THENCE around said curve to the left, a
1229	1229	distance of 318.76 to a point for corner in
1230	1230	the centerline of Highway FM 170;
1231	1231	THENCE S 00 21' 09" E, a distance of 1313.24
1232	1232	to the POINT OF BEGINNING and containing
1233	1233	more or less, 3,608,000 square feet or 82.8
1234	1234	acres of land.
1235	1235	SECTION 3. (a) The legal notice of the intention to
1236	1236	introduce this Act, setting forth the general substance of this
1237	1237	Act, has been published as provided by law, and the notice and a
1238	1238	copy of this Act have been furnished to all persons, agencies,
1239	1239	officials, or entities to which they are required to be furnished
1240	1240	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1241	1241	Government Code.
1242	1242	(b) The governor, one of the required recipients, has
1243	1243	submitted the notice and Act to the Texas Commission on
1244	1244	Environmental Quality.
1245	1245	(c) The Texas Commission on Environmental Quality has filed
1246	1246	its recommendations relating to this Act with the governor, the
1247	1247	lieutenant governor, and the speaker of the house of
1248	1248	representatives within the required time.
1249	1249	(d) All requirements of the constitution and laws of this
1250	1250	state and the rules and procedures of the legislature with respect
1251	1251	to the notice, introduction, and passage of this Act are fulfilled
1252	1252	and accomplished.
1253	1253	SECTION 4. This Act takes effect immediately if it receives
1254	1254	a vote of two-thirds of all the members elected to each house, as
1255	1255	provided by Section 39, Article III, Texas Constitution. If this
1256	1256	Act does not receive the vote necessary for immediate effect, this
1257	1257	Act takes effect September 1, 2009.