Texas 2009 - 81st Regular

Texas House Bill HB4775 Compare Versions

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1	1	H.B. No. 4775
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Alden Lake Management District;
6	6	providing authority to impose an assessment, impose a tax, and
7	7	issue bonds.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	10	Code, is amended by adding Chapter 3876 to read as follows:
11	11	CHAPTER 3876. ALDEN LAKE MANAGEMENT DISTRICT
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 3876.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Alden Lake Management
17	17	District.
18	18	Sec. 3876.002. NATURE OF DISTRICT. The Alden Lake
19	19	Management District is a special district created under Section 59,
20	20	Article XVI, Texas Constitution.
21	21	Sec. 3876.003. PURPOSE; DECLARATION OF INTENT. (a) The
22	22	creation of the district is essential to accomplish the purposes of
23	23	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
24	24	Texas Constitution, and other public purposes stated in this
25	25	chapter. By creating the district and in authorizing the City of
26	26	Lake Jackson, Brazoria County, and other political subdivisions to
27	27	contract with the district, the legislature has established a
28	28	program to accomplish the public purposes set out in Section 52-a,
29	29	Article III, Texas Constitution.
30	30	(b) The creation of the district is necessary to promote,
31	31	develop, encourage, and maintain employment, commerce,
32	32	transportation, housing, tourism, recreation, the arts,
33	33	entertainment, economic development, safety, and the public
34	34	welfare in the district.
35	35	(c) This chapter and the creation of the district may not be
36	36	interpreted to relieve the City of Lake Jackson and Brazoria County
37	37	from providing the level of services provided, as of the effective
38	38	date of the Act creating this chapter, to the area in the district.
39	39	The district is created to supplement and not to supplant the city
40	40	or county services provided in the area in the district.
41	41	Sec. 3876.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
42	42	The district is created to serve a public use and benefit.
43	43	(b) All land and other property included in the district
44	44	will benefit from the improvements and services to be provided by
45	45	the district under powers conferred by Sections 52 and 52-a,
46	46	Article III, and Section 59, Article XVI, Texas Constitution, and
47	47	other powers granted under this chapter.
48	48	(c) The creation of the district is in the public interest
49	49	and is essential to:
50	50	(1) further the public purposes of developing and
51	51	diversifying the economy of the state;
52	52	(2) eliminate unemployment and underemployment; and
53	53	(3) develop or expand transportation and commerce.
54	54	(d) The district will:
55	55	(1) promote the health, safety, and general welfare of
56	56	residents, employers, potential employees, employees, visitors,
57	57	and consumers in the district, and of the public;
58	58	(2) provide needed funding for the district to
59	59	preserve, maintain, and enhance the economic health and vitality of
60	60	the district territory as a community and business center;
61	61	(3) promote the health, safety, welfare, and enjoyment
62	62	of the public by providing pedestrian ways and by landscaping and
63	63	developing certain areas in the district, which are necessary for
64	64	the restoration, preservation, and enhancement of scenic beauty;
65	65	and
66	66	(4) provide for water, wastewater, drainage, roads,
67	67	and recreational facilities for the district.
68	68	(e) Pedestrian ways along or across a street, whether at
69	69	grade or above or below the surface, and street lighting, street
70	70	landscaping, parking, and street art objects are parts of and
71	71	necessary components of a street and are considered to be a street
72	72	or road improvement.
73	73	(f) The district will not act as the agent or
74	74	instrumentality of any private interest even though the district
75	75	will benefit many private interests as well as the public.
76	76	Sec. 3876.005. INITIAL DISTRICT TERRITORY. (a) The
77	77	district is initially composed of the territory described by
78	78	Section 2 of the Act creating this chapter.
79	79	(b) The boundary description contained in Section 2 of the
80	80	Act creating this chapter forms a closure. A mistake in the
81	81	boundary description does not affect the district's:
82	82	(1) organization, existence, or validity;
83	83	(2) right to issue any type of bond for the purposes
84	84	for which the district is created or to pay the principal of and
85	85	interest on the bond;
86	86	(3) right to impose or collect an assessment or tax; or
87	87	(4) legality or operation.
88	88	Sec. 3876.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
89	89	All or any part of the area of the district is eligible to be
90	90	included in:
91	91	(1) a tax increment reinvestment zone created under
92	92	Chapter 311, Tax Code;
93	93	(2) a tax abatement reinvestment zone created under
94	94	Chapter 312, Tax Code; or
95	95	(3) an enterprise zone created under Chapter 2303,
96	96	Government Code.
97	97	Sec. 3876.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
98	98	DISTRICTS LAW. Except as otherwise provided by this chapter,
99	99	Chapter 375, Local Government Code, applies to the district.
100	100	Sec. 3876.008. LIBERAL CONSTRUCTION OF CHAPTER. This
101	101	chapter shall be liberally construed in conformity with the
102	102	findings and purposes stated in this chapter.
103	103	[Sections 3876.009-3876.050 reserved for expansion]
104	104	SUBCHAPTER B. BOARD OF DIRECTORS
105	105	Sec. 3876.051. GOVERNING BODY; TERMS. The district is
106	106	governed by a board of five voting directors who serve staggered
107	107	terms of four years, with two or three directors' terms expiring
108	108	June 1 of each odd-numbered year.
109	109	Sec. 3876.052. APPOINTMENT OF DIRECTORS. (a) The
110	110	governing body of the City of Lake Jackson shall appoint directors.
111	111	A person is appointed if a majority of the members of the governing
112	112	body, including the mayor, vote to appoint that person.
113	113	(b) The governing body of the City of Lake Jackson shall
114	114	appoint:
115	115	(1) three directors from a list of persons nominated
116	116	by the board; and
117	117	(2) two directors chosen by the governing body.
118	118	(c) Section 375.063, Local Government Code, does not apply
119	119	to directors appointed under Subsection (b)(2).
120	120	(d) If a person owns 25 percent or more of the surface area
121	121	of land in the district, the board shall request that the person
122	122	provide to the board a list of individuals for the board to nominate
123	123	under this section. If the person does not provide a list of
124	124	individuals to the board before the 31st day after the date the
125	125	board requests the list or if no person owns 25 percent or more of
126	126	the surface area of land in the district, the board is not required
127	127	to obtain a list and may nominate any eligible individual for
128	128	appointment to the board. If more than one person owns 25 percent
129	129	or more of the surface area of land included in the district, only
130	130	the person who owns the greatest amount of land included in the
131	131	district is entitled to have the board request a list under this
132	132	subsection.
133	133	(e) If a person who owns 25 percent or more of the surface
134	134	area of land in the district provides a list of individuals under
135	135	Subsection (d), at least a majority of the board must be composed of
136	136	individuals from a list or lists provided by that person.
137	137	(f) The City of Lake Jackson for any reason may remove a
138	138	director appointed under Subsection (b)(2) and appoint a person to
139	139	serve the remainder of the unexpired term.
140	140	(g) The board may appoint a person to fill a vacancy in the
141	141	office of a director appointed under Subsection (b)(1) for the
142	142	remainder of the unexpired term.
143	143	(h) The City of Lake Jackson may appoint a person to fill a
144	144	vacancy in the office of a director appointed under Subsection
145	145	(b)(2) for the remainder of the unexpired term.
146	146	Sec. 3876.053. INITIAL DIRECTORS. (a) The initial board
147	147	consists of two directors appointed by the governing body of the
148	148	City of Lake Jackson to serve in positions 1 and 2 and the following
149	149	directors to serve in positions 3 through 5:
150	150	Pos. No. Name of Director
151	151	3 John Richers
152	152	4 Kenneth R. Philips
153	153	5 Bryan K. Chapline
154	154	(b) Of the initial directors, the terms of directors
155	155	appointed for positions 1 and 3 expire June 1, 2011, and the terms
156	156	of directors appointed for positions 2, 4, and 5 expire June 1,
157	157	2013.
158	158	(c) Section 3876.052 does not apply to this section.
159	159	(d) This section expires September 1, 2014.
160	160	Sec. 3876.054. NONVOTING DIRECTORS. The board may appoint
161	161	nonvoting directors to serve at the pleasure of the voting
162	162	directors.
163	163	Sec. 3876.055. QUORUM. For purposes of determining the
164	164	requirements for a quorum of the board, the following are not
165	165	counted:
166	166	(1) a board position vacant for any reason, including
167	167	death, resignation, or disqualification;
168	168	(2) a director who is abstaining from participation in
169	169	a vote because of a conflict of interest; or
170	170	(3) a nonvoting director.
171	171	Sec. 3876.056. COMPENSATION. A director is entitled to
172	172	receive fees of office and reimbursement for actual expenses as
173	173	provided by Section 49.060, Water Code. Sections 375.069 and
174	174	375.070, Local Government Code, do not apply to the board.
175	175	[Sections 3876.057-3876.100 reserved for expansion]
176	176	SUBCHAPTER C. POWERS AND DUTIES
177	177	Sec. 3876.101. DEVELOPMENT CORPORATION POWERS. The
178	178	district may exercise the powers given to a development corporation
179	179	under Chapter 505, Local Government Code, including the power to
180	180	own, operate, acquire, construct, lease, improve, or maintain a
181	181	project described by that chapter.
182	182	Sec. 3876.102. NONPROFIT CORPORATION. (a) The board by
183	183	resolution may authorize the creation of a nonprofit corporation to
184	184	assist and act for the district in implementing a project or
185	185	providing a service authorized by this chapter.
186	186	(b) The nonprofit corporation:
187	187	(1) has each power of and is considered for purposes of
188	188	this chapter to be a local government corporation created under
189	189	Chapter 431, Transportation Code; and
190	190	(2) may implement any project and provide any service
191	191	authorized by this chapter.
192	192	(c) The board shall appoint the board of directors of the
193	193	nonprofit corporation. The board of directors of the nonprofit
194	194	corporation shall serve in the same manner as the board of directors
195	195	of a local government corporation created under Chapter 431,
196	196	Transportation Code, except that a board member is not required to
197	197	reside in the district.
198	198	Sec. 3876.103. AGREEMENTS; GRANTS. (a) The district may
199	199	make an agreement with or accept a gift, grant, or loan from any
200	200	person.
201	201	(b) The implementation of a project is a governmental
202	202	function or service for the purposes of Chapter 791, Government
203	203	Code.
204	204	(c) The board may enter into a contract with the board of
205	205	directors of a tax increment reinvestment zone created under
206	206	Chapter 311, Tax Code, and the governing body of the county or
207	207	municipality that created the zone to manage the zone or implement
208	208	the project plan and reinvestment zone financing plan.
209	209	Sec. 3876.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
210	210	To protect the public interest, the district may contract with a
211	211	qualified party, including Brazoria County or the City of Lake
212	212	Jackson, for the provision of law enforcement services in the
213	213	district for a fee.
214	214	Sec. 3876.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
215	215	district may join and pay dues to a charitable or nonprofit
216	216	organization that performs a service or provides an activity
217	217	consistent with the furtherance of a district purpose.
218	218	Sec. 3876.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
219	219	district may establish and provide for the administration of one or
220	220	more programs to promote state or local economic development and to
221	221	stimulate business and commercial activity in the district,
222	222	including programs to:
223	223	(1) make loans and grants of public money; and
224	224	(2) provide district personnel and services.
225	225	(b) For purposes of this section, the district has all of
226	226	the powers of a municipality under Chapter 380, Local Government
227	227	Code.
228	228	Sec. 3876.107. NO EMINENT DOMAIN. The district may not
229	229	exercise the power of eminent domain.
230	230	Sec. 3876.108. ANNEXATION OR EXCLUSION OF LAND. (a) The
231	231	district may annex land as provided by Subchapter J, Chapter 49,
232	232	Water Code, only if the City of Lake Jackson by ordinance or
233	233	resolution consents to the annexation.
234	234	(b) The district may exclude land as provided by Subchapter
235	235	J, Chapter 49, Water Code. Section 375.044(b), Local Government
236	236	Code, does not apply to the district.
237	237	[Sections 3876.109-3876.150 reserved for expansion]
238	238	SUBCHAPTER D. PARKING FACILITIES
239	239	Sec. 3876.151. PARKING FACILITIES AUTHORIZED; OPERATION BY
240	240	PRIVATE ENTITY. (a) The district may acquire, lease as lessor or
241	241	lessee, construct, develop, own, operate, and maintain parking
242	242	facilities or a system of parking facilities, including:
243	243	(1) lots, garages, parking terminals, or other
244	244	structures or accommodations for parking motor vehicles off the
245	245	streets; and
246	246	(2) equipment, entrances, exits, fencing, and other
247	247	accessories necessary for safety and convenience in parking
248	248	vehicles.
249	249	(b) A parking facility of the district may be leased to, or
250	250	operated for the district by, an entity other than the district.
251	251	(c) The district's parking facilities are a program
252	252	authorized by the legislature under Section 52-a, Article III,
253	253	Texas Constitution.
254	254	(d) The district's parking facilities serve the public
255	255	purposes of the district and are owned, used, and held for a public
256	256	purpose even if leased or operated by a private entity for a term of
257	257	years.
258	258	Sec. 3876.152. RULES. The district may adopt rules
259	259	covering its public parking system.
260	260	Sec. 3876.153. FINANCING OF PARKING FACILITIES. (a) The
261	261	district may use any of its resources, including revenue,
262	262	assessments, taxes, or grant or contract proceeds, to pay the cost
263	263	of acquiring or operating public parking facilities.
264	264	(b) The district may:
265	265	(1) set, charge, impose, and collect fees, charges, or
266	266	tolls for the use of the public parking facilities; and
267	267	(2) issue bonds or notes to finance the cost of these
268	268	facilities.
269	269	[Sections 3876.154-3876.200 reserved for expansion]
270	270	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
271	271	Sec. 3876.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
272	272	board by resolution shall establish the number of directors'
273	273	signatures and the procedure required for a disbursement or
274	274	transfer of the district's money.
275	275	Sec. 3876.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
276	276	The district may acquire, construct, finance, operate, or maintain
277	277	any improvement or service authorized under this chapter or Chapter
278	278	375, Local Government Code, using any money available to the
279	279	district.
280	280	Sec. 3876.203. PETITION REQUIRED FOR FINANCING SERVICES AND
281	281	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
282	282	service or improvement project with assessments under this chapter
283	283	unless a written petition requesting that service or improvement
284	284	has been filed with the board.
285	285	(b) A petition filed under Subsection (a) must be signed by:
286	286	(1) the owners of a majority of the assessed value of
287	287	real property in the district subject to the assessment according
288	288	to the most recent certified tax appraisal roll for Brazoria
289	289	County; or
290	290	(2) at least 25 persons who own real property in the
291	291	district that is subject to assessment, if more than 25 persons own
292	292	real property in the district subject to assessment as determined
293	293	by the most recent certified tax appraisal roll for Brazoria
294	294	County.
295	295	Sec. 3876.204. METHOD OF NOTICE FOR HEARING. The district
296	296	may mail the notice required by Section 375.115(c), Local
297	297	Government Code, by certified or first class United States mail.
298	298	The board shall determine the method of notice.
299	299	Sec. 3876.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
300	300	The board by resolution may impose and collect an assessment for any
301	301	purpose authorized by this chapter in all or any part of the
302	302	district. Section 375.114, Local Government Code, does not apply
303	303	to the district.
304	304	(b) An assessment, a reassessment, or an assessment
305	305	resulting from an addition to or correction of the assessment roll
306	306	by the district, penalties and interest on an assessment or
307	307	reassessment, an expense of collection, and reasonable attorney's
308	308	fees incurred by the district:
309	309	(1) are a first and prior lien against the property
310	310	assessed;
311	311	(2) are superior to any other lien or claim other than
312	312	a lien or claim for county, school district, or municipal ad valorem
313	313	taxes; and
314	314	(3) are the personal liability of and a charge against
315	315	the owners of the property even if the owners are not named in the
316	316	assessment proceedings.
317	317	(c) The lien is effective from the date of the board's
318	318	resolution imposing the assessment until the date the assessment is
319	319	paid. The board may enforce the lien in the same manner that the
320	320	board may enforce an ad valorem tax lien against real property.
321	321	(d) The board may make a correction to or deletion from the
322	322	assessment roll that does not increase the amount of assessment of
323	323	any parcel of land without providing notice and holding a hearing in
324	324	the manner required for additional assessments.
325	325	Sec. 3876.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
326	326	ASSESSMENTS. The district may not impose an impact fee or
327	327	assessment on the property, including the equipment,
328	328	rights-of-way, facilities, or improvements, of:
329	329	(1) an electric utility or a power generation company
330	330	as defined by Section 31.002, Utilities Code;
331	331	(2) a gas utility as defined by Section 101.003 or
332	332	121.001, Utilities Code;
333	333	(3) a telecommunications provider as defined by
334	334	Section 51.002, Utilities Code; or
335	335	(4) a person who provides to the public cable
336	336	television or advanced telecommunications services.
337	337	Sec. 3876.207. RESIDENTIAL PROPERTY. Section 375.161,
338	338	Local Government Code, does not apply to a tax imposed by the
339	339	district or a requirement for payment for a service provided by the
340	340	district.
341	341	Sec. 3876.208. OPERATION AND MAINTENANCE TAX. (a) If
342	342	authorized at an election held in accordance with Section 3876.212,
343	343	the district may impose an operation and maintenance tax on taxable
344	344	property in the district in accordance with Section 49.107, Water
345	345	Code, for any district purpose, including to:
346	346	(1) maintain and operate the district;
347	347	(2) construct or acquire improvements; or
348	348	(3) provide a service.
349	349	(b) The board shall determine the tax rate. The rate may not
350	350	exceed the rate approved at the election.
351	351	(c) Section 49.107(h), Water Code, does not apply to the
352	352	district.
353	353	Sec. 3876.209. CONTRACT TAXES. (a) In accordance with
354	354	Section 49.108, Water Code, the district may impose a tax other than
355	355	an operation and maintenance tax and use the revenue derived from
356	356	the tax to make payments under a contract after the provisions of
357	357	the contract have been approved by a majority of the district voters
358	358	voting at an election held for that purpose.
359	359	(b) A contract approved by the district voters may contain a
360	360	provision stating that the contract may be modified or amended by
361	361	the board without further voter approval.
362	362	Sec. 3876.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
363	363	BONDS. (a) The district may borrow money on terms and conditions
364	364	as determined by the board. Section 375.205, Local Government
365	365	Code, does not apply to a loan, line of credit, or other borrowing
366	366	from a bank or financial institution secured by revenue other than
367	367	ad valorem taxes.
368	368	(b) The district may issue bonds, notes, or other
369	369	obligations payable wholly or partly from ad valorem taxes,
370	370	assessments, impact fees, revenue, contract payments, grants, or
371	371	other district money, or any combination of those sources of money,
372	372	to pay for any authorized district purpose.
373	373	(c) The limitation on the outstanding principal amount of
374	374	bonds, notes, and other obligations provided by Section 49.4645,
375	375	Water Code, does not apply to the district.
376	376	Sec. 3876.211. TAXES FOR BONDS. At the time the district
377	377	issues bonds payable wholly or partly from ad valorem taxes, the
378	378	board shall provide for the imposition of a continuing direct
379	379	annual ad valorem tax, without limit as to rate or amount, while all
380	380	or part of the bonds are outstanding as required and in the manner
381	381	provided by Sections 54.601 and 54.602, Water Code.
382	382	Sec. 3876.212. ELECTIONS REGARDING TAXES AND BONDS. (a)
383	383	The district may issue, without an election, bonds, notes, and
384	384	other obligations secured by:
385	385	(1) revenue other than ad valorem taxes; or
386	386	(2) contract payments described by Section 3876.209.
387	387	(b) The district must hold an election in the manner
388	388	provided by Subchapter L, Chapter 375, Local Government Code, to
389	389	obtain voter approval before the district may impose an ad valorem
390	390	tax or issue bonds payable from ad valorem taxes.
391	391	(c) Section 375.243, Local Government Code, does not apply
392	392	to the district.
393	393	(d) All or any part of any facilities or improvements that
394	394	the district may acquire by the issuance of its bonds may be
395	395	submitted as a single proposition or as several propositions to be
396	396	voted on at the election.
397	397	Sec. 3876.213. CITY NOT REQUIRED TO PAY DISTRICT
398	398	OBLIGATIONS. Except as provided by Section 375.263, Local
399	399	Government Code, the City of Lake Jackson is not required to pay a
400	400	bond, note, or other obligation of the district.
401	401	Sec. 3876.214. COMPETITIVE BIDDING. Subchapter I, Chapter
402	402	49, Water Code, applies to the district. Sections 375.221 and
403	403	375.223, Local Government Code, do not apply to the district.
404	404	Sec. 3876.215. TAX AND ASSESSMENT ABATEMENTS. The district
405	405	may grant in the manner authorized by Chapter 312, Tax Code, an
406	406	abatement for a tax or assessment owed to the district.
407	407	[Sections 3876.216-3876.250 reserved for expansion]
408	408	SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
409	409	PROPERTY
410	410	Sec. 3876.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
411	411	DESIGNATED PROPERTY. The district may define areas or designate
412	412	certain property of the district to pay for improvements,
413	413	facilities, or services that primarily benefit that area or
414	414	property and do not generally and directly benefit the district as a
415	415	whole.
416	416	Sec. 3876.252. PROCEDURE FOR ELECTION. (a) Before the
417	417	district may impose an ad valorem tax or issue bonds payable from ad
418	418	valorem taxes of the defined area or designated property, the board
419	419	shall hold an election in the defined area or within the boundaries
420	420	of the designated property only.
421	421	(b) The election shall be conducted as provided by Section
422	422	3876.212.
423	423	(c) The board may submit the issues to the voters on the same
424	424	ballot to be used in another election.
425	425	Sec. 3876.253. DECLARING RESULT AND ISSUING ORDER. (a) If
426	426	a majority of the voters voting at the election approve the
427	427	proposition or propositions, the board shall declare the results
428	428	and, by order, shall establish the defined area and describe it by
429	429	metes and bounds or designate the specific property.
430	430	(b) The board's order is not subject to judicial review
431	431	except on the ground of fraud, palpable error, or arbitrary and
432	432	confiscatory abuse of discretion.
433	433	Sec. 3876.254. TAXES FOR IMPROVEMENTS AND FACILITIES IN
434	434	DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and
435	435	adoption of the order described by Section 3876.253, the district
436	436	may apply separately, differently, equitably, and specifically its
437	437	taxing power and lien authority to the defined area or designated
438	438	property to provide money to construct, administer, maintain, and
439	439	operate services, improvements, and facilities that primarily
440	440	benefit the defined area or designated property.
441	441	Sec. 3876.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
442	442	FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
443	443	Section 3876.253 is adopted, the district may issue bonds to
444	444	provide for any land, improvements, facilities, plants, equipment,
445	445	and appliances for the defined area or designated property.
446	446	SECTION 2. The Alden Lake Management District initially
447	447	includes all territory contained in the following area:
448	448	BEING 987.49 acres of land situated in Brazoria County,
449	449	Texas, approximately 849.30 acres of land located in the Stephen F.
450	450	Austin Five Leagues Grant, Abstract 19 and approximately 138.19
451	451	acres of land located in the Jarad E. Groce Five Leagues Grant,
452	452	Abstract 66; said 987.49 acre tract also being out of that certain
453	453	7424.4 acre tract of land conveyed from T. Martin et ux to the
454	454	Prison Commission of Texas in Deed dated February 1, 1918 and
455	455	recorded in Volume 145, Page 242 of Deed Records of Brazoria County,
456	456	Texas; and being all of and the same as that certain called 987.49
457	457	acre tract of land as conveyed by the Texas Department of Criminal
458	458	Justice to the State of Texas Permanent School Fund in Deed dated
459	459	May 07, 2004, as recorded in File Number 2004028412 of the Official
460	460	Records of Brazoria County, Texas; said 987.49 acre tract of land
461	461	bearings are based on Texas Coordinate System, South Central Zone,
462	462	North American Datum 1983 (2002 adjustment), referenced to
463	463	Continuously Operating Reference Stations NETP (Grid North:
464	464	13,853,429.64, East: 3,131,034.28) and GALI (Grid North:
465	465	13,692,235.17, East: 3,326,526.51), with all distances described
466	466	herein being surface and may be converted to grid by dividing by the
467	467	combined scale factor of 1.000129997; and being more particularly
468	468	described as follows:
469	469	BEGINNING at a set "X" in the concrete base of fence post
470	470	(Grid North: 13,588,395.64, East: 3,101,401.59) at the southeast
471	471	corner of said 987.49 acre tract, said iron rod bears South 86
472	472	degrees 36 minutes 03 seconds West a distance of 512.01 feet from a
473	473	found Texas Department of Transportation Type II Monument at the
474	474	Southeast corner of said 7424.4 acre tract and the Northeast corner
475	475	of a 123.19 acre tract of land conveyed to the City of Lake Jackson
476	476	in deed and recorded in Volume 754, Page 478 of the Deed Records of
477	477	Brazoria County, Texas;
478	478	THENCE along the South line of said 7424.4 acre tract and the
479	479	North line of said 123.19 acre tract South 86 degrees 36 minutes 03
480	480	seconds West at 541.42 feet pass a set 3/4 inch iron rod with a
481	481	"DANNENBAUM ENGINEERING" cap for a reference point, for a total
482	482	distance of 601.42 feet to a point on the East gradient boundary
483	483	line of Oyster Creek, a navigable stream;
484	484	THENCE along the East gradient boundary line of said Oyster
485	485	Creek, to angle points, as follows:
486	486	G1 North 61 degrees 44 minutes 59 seconds West a distance
487	487	of 43.57 feet;
488	488	G2 North 73 degrees 43 minutes 21 seconds West a distance
489	489	of 93.47 feet;
490	490	G3 North 80 degrees 38 minutes 20 seconds West a distance
491	491	of 113.73 feet;
492	492	G4 North 88 degrees 58 minutes 48 seconds West a distance
493	493	of 188.81 feet;
494	494	G5 South 86 degrees 52 minutes 34 seconds West a distance
495	495	of 253.92 feet to a point, said point bears South 55 degrees 46
496	496	minutes 44 seconds West a distance of 143.92 feet from a set 3/4
497	497	inch iron rod with a "DANNENBAUM ENGINEERING" cap for a reference
498	498	point;
499	499	G6 South 81 degrees 21 minutes 17 seconds West a distance
500	500	of 185.58 feet;
501	501	G7 South 82 degrees 30 minutes 47 seconds West a distance
502	502	of 206.17 feet;
503	503	G8 South 79 degrees 45 minutes 34 seconds West a distance
504	504	of 203.43 feet;
505	505	G9 South 80 degrees 38 minutes 36 seconds West a distance
506	506	of 199.26 feet;
507	507	G10 South 84 degrees 25 minutes 38 seconds West a
508	508	distance of 139.34 feet;
509	509	G11 South 85 degrees 02 minutes 56 seconds West a
510	510	distance of 208.51 feet to a point, said point bears South 46
511	511	degrees 33 minutes 39 seconds West a distance of 126.44 feet from a
512	512	set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a
513	513	reference point;
514	514	G12 North 87 degrees 33 minutes 24 seconds West a
515	515	distance of 173.57 feet;
516	516	G13 North 73 degrees 02 minutes 00 seconds West a
517	517	distance of 218.98 feet;
518	518	G14 North 76 degrees 30 minutes 47 seconds West a
519	519	distance of 166.76 feet;
520	520	G15 North 68 degrees 42 minutes 40 seconds West a
521	521	distance of 192.85 feet;
522	522	G16 North 69 degrees 19 minutes 46 seconds West a
523	523	distance of 201.58 feet to a point, said point bears South 11
524	524	degrees 40 minutes 10 seconds West a distance of 67.54 feet from a
525	525	set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a
526	526	reference point;
527	527	G17 North 61 degrees 33 minutes 02 seconds West a
528	528	distance of 205.39 feet;
529	529	G18 North 55 degrees 56 minutes 49 seconds West a
530	530	distance of 201.86 feet;
531	531	G19 North 44 degrees 56 minutes 57 seconds West a
532	532	distance of 139.17 feet;
533	533	G20 North 33 degrees 00 minutes 13 seconds West a
534	534	distance of 237.07 feet;
535	535	G21 North 35 degrees 28 minutes 37 seconds West a
536	536	distance of 189.82 feet;
537	537	G22 North 39 degrees 14 minutes 15 seconds West a
538	538	distance of 125.02 feet to a point, said point bears South 15
539	539	degrees 15 minutes 57 seconds West a distance of 73.97 feet from a
540	540	set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a
541	541	reference point;
542	542	G23 North 38 degrees 57 minutes 35 seconds West a
543	543	distance of 114.05 feet;
544	544	G24 North 39 degrees 33 minutes 46 seconds West a
545	545	distance of 153.94 feet;
546	546	G25 North 31 degrees 01 minutes 11 seconds West a
547	547	distance of 145.00 feet;
548	548	G26 North 33 degrees 23 minutes 32 seconds West a
549	549	distance of 152.23 feet;
550	550	G27 North 24 degrees 36 minutes 13 seconds West a
551	551	distance of 107.72 feet;
552	552	G28 North 22 degrees 14 minutes 23 seconds West a
553	553	distance of 151.58 feet;
554	554	G29 North 32 degrees 15 minutes 04 seconds West a
555	555	distance of 82.88 feet;
556	556	G30 North 29 degrees 08 minutes 45 seconds West a
557	557	distance of 149.93 feet;
558	558	G31 North 02 degrees 51 minutes 07 seconds West a
559	559	distance of 85.67 feet;
560	560	G32 North 15 degrees 53 minutes 55 seconds East a
561	561	distance of 100.97 feet to a point, said point bears North 51
562	562	degrees 04 minutes 42 seconds West a distance of 50.49 feet from a
563	563	set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a
564	564	reference point;
565	565	G33 North 22 degrees 12 minutes 47 seconds East a
566	566	distance of 85.33 feet;
567	567	G34 North 25 degrees 38 minutes 23 seconds East a
568	568	distance of 82.57 feet;
569	569	G35 North 35 degrees 56 minutes 23 seconds East a
570	570	distance of 218.82 feet;
571	571	G36 North 42 degrees 43 minutes 59 seconds East a
572	572	distance of 140.25 feet;
573	573	G37 North 52 degrees 29 minutes 42 seconds East a
574	574	distance of 142.30 feet;
575	575	G38 North 48 degrees 55 minutes 34 seconds East a
576	576	distance of 123.58 feet;
577	577	G39 North 50 degrees 50 minutes 45 seconds East a
578	578	distance of 124.47 feet;
579	579	G40 North 53 degrees 11 minutes 26 seconds East a
580	580	distance of 130.24 feet;
581	581	G41 North 55 degrees 59 minutes 10 seconds East a
582	582	distance of 150.45 feet;
583	583	G42 North 50 degrees 15 minutes 08 seconds East a
584	584	distance of 150.72 feet to a point, said point bears North 11
585	585	degrees 01 minutes 52 seconds West a distance of 73.81 feet from a
586	586	set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a
587	587	reference point;
588	588	G43 North 43 degrees 01 minutes 06 seconds East a
589	589	distance of 117.16 feet;
590	590	G44 North 39 degrees 25 minutes 48 seconds East a
591	591	distance of 83.71 feet;
592	592	G45 North 26 degrees 21 minutes 30 seconds East a
593	593	distance of 149.28 feet;
594	594	G46 North 17 degrees 27 minutes 30 seconds East a
595	595	distance of 146.50 feet;
596	596	G47 North 08 degrees 29 minutes 53 seconds East a
597	597	distance of 84.49 feet;
598	598	G48 North 05 degrees 20 minutes 21 seconds East a
599	599	distance of 102.92 feet;
600	600	G49 North 03 degrees 53 minutes 03 seconds West a
601	601	distance of 110.81 feet to a point, said point bears South 51
602	602	degrees 12 minutes 00 seconds West a distance of 48.67 feet from a
603	603	set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a
604	604	reference point;
605	605	G50 North 12 degrees 56 minutes 32 seconds West a
606	606	distance of 212.55 feet;
607	607	G51 North 26 degrees 41 minutes 07 seconds West a
608	608	distance of 122.68 feet;
609	609	G52 North 39 degrees 12 minutes 00 seconds West a
610	610	distance of 103.34 feet;
611	611	G53 North 46 degrees 12 minutes 10 seconds West a
612	612	distance of 120.83 feet;
613	613	G54 North 52 degrees 46 minutes 42 seconds West a
614	614	distance of 151.57 feet;
615	615	G55 North 61 degrees 52 minutes 37 seconds West a
616	616	distance of 165.10 feet;
617	617	G56 North 68 degrees 24 minutes 44 seconds West a
618	618	distance of 211.54 feet;
619	619	G57 North 62 degrees 07 minutes 45 seconds West a
620	620	distance of 219.75 feet;
621	621	G58 North 65 degrees 59 minutes 15 seconds West a
622	622	distance of 166.52 feet;
623	623	G59 North 67 degrees 22 minutes 00 seconds West a
624	624	distance of 131.86 feet to a point, said point bears South 62
625	625	degrees 16 minutes 01 seconds West a distance of 81.91 feet from a
626	626	set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a
627	627	reference point;
628	628	G60 North 71 degrees 25 minutes 45 seconds West a
629	629	distance of 251.84 feet;
630	630	G61 North 77 degrees 58 minutes 34 seconds West a
631	631	distance of 218.99 feet;
632	632	G62 North 78 degrees 43 minutes 39 seconds West a
633	633	distance of 186.27 feet;
634	634	G63 North 80 degrees 33 minutes 10 seconds West a
635	635	distance of 141.24 feet;
636	636	G64 North 82 degrees 43 minutes 25 seconds West a
637	637	distance of 176.38 feet;
638	638	G65 North 75 degrees 12 minutes 06 seconds West a
639	639	distance of 133.35 feet to a point, said point bears South 42
640	640	degrees 08 minutes 21 seconds West a distance of 38.40 feet from a
641	641	set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a
642	642	reference point;
643	643	G66 North 86 degrees 48 minutes 52 seconds West a
644	644	distance of 217.78 feet;
645	645	G67 North 88 degrees 09 minutes 20 seconds West a
646	646	distance of 270.26 feet;
647	647	G68 North 89 degrees 33 minutes 24 seconds West a
648	648	distance of 163.83 feet;
649	649	G69 South 86 degrees 41 minutes 21 seconds West a
650	650	distance of 223.77 feet;
651	651	G70 South 83 degrees 21 minutes 21 seconds West a
652	652	distance of 172.61 feet;
653	653	G71 South 83 degrees 51 minutes 00 seconds West a
654	654	distance of 155.40 feet to a point, said point bears South 45
655	655	degrees 17 minutes 08 seconds East a distance of 46.90 feet from a
656	656	set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a
657	657	reference point;
658	658	G72 South 78 degrees 10 minutes 10 seconds West a
659	659	distance of 147.74 feet;
660	660	G73 South 83 degrees 42 minutes 11 seconds West a
661	661	distance of 132.81 feet;
662	662	G74 South 87 degrees 10 minutes 15 seconds West a
663	663	distance of 178.50 feet;
664	664	G75 North 87 degrees 25 minutes 17 seconds West a
665	665	distance of 135.09 feet;
666	666	G76 South 88 degrees 19 minutes 55 seconds West a
667	667	distance of 156.06 feet;
668	668	G77 North 85 degrees 41 minutes 00 seconds West a
669	669	distance of 82.78 feet to a point, said point bears South 33 degrees
670	670	43 minutes 58 seconds East a distance of 54.39 feet from a set 3/4
671	671	inch iron rod with a "DANNENBAUM ENGINEERING" cap for a reference
672	672	point;
673	673	G78 South 87 degrees 02 minutes 37 seconds West a
674	674	distance of 101.27 feet;
675	675	G79 North 73 degrees 17 minutes 12 seconds West a
676	676	distance of 111.92 feet;
677	677	G80 North 69 degrees 12 minutes 00 seconds West a
678	678	distance of 113.14 feet;
679	679	G81 North 57 degrees 30 minutes 43 seconds West a
680	680	distance of 104.75 feet;
681	681	G82 North 41 degrees 00 minutes 44 seconds West a
682	682	distance of 111.30 feet to a point, said point bears South 28
683	683	degrees 29 minutes 11 seconds West a distance of 117.91 feet from a
684	684	set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a
685	685	reference point;
686	686	G83 North 24 degrees 51 minutes 54 seconds West a
687	687	distance of 134.57 feet;
688	688	G84 North 09 degrees 14 minutes 29 seconds West a
689	689	distance of 105.84 feet;
690	690	G85 North 02 degrees 05 minutes 17 seconds West a
691	691	distance of 90.38 feet;
692	692	G86 North 14 degrees 57 minutes 28 seconds East a
693	693	distance of 148.49 feet;
694	694	G87 North 24 degrees 09 minutes 24 seconds East a
695	695	distance of 158.40 feet;
696	696	G88 North 40 degrees 22 minutes 44 seconds East a
697	697	distance of 165.76 feet;
698	698	G89 North 47 degrees 02 minutes 46 seconds East a
699	699	distance of 198.70 feet to a point, said point bears North 08
700	700	degrees 19 minutes 28 seconds East a distance of 56.91 feet from a
701	701	set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a
702	702	reference point;
703	703	G90 North 48 degrees 28 minutes 07 seconds East a
704	704	distance of 177.12 feet;
705	705	G91 North 48 degrees 48 minutes 11 seconds East a
706	706	distance of 262.38 feet;
707	707	G92 North 46 degrees 38 minutes 11 seconds East a
708	708	distance of 207.99 feet;
709	709	G93 North 49 degrees 54 minutes 00 seconds East a
710	710	distance of 166.30 feet;
711	711	G94 North 56 degrees 07 minutes 52 seconds East a
712	712	distance of 166.77 feet;
713	713	G95 North 47 degrees 54 minutes 39 seconds East a
714	714	distance of 134.62 feet;
715	715	G96 North 52 degrees 12 minutes 00 seconds East a
716	716	distance of 172.93 feet to a point, said point bears North 22
717	717	degrees 35 minutes 08 seconds East a distance of 64.86 feet from a
718	718	set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a
719	719	reference point;
720	720	G97 North 50 degrees 05 minutes 25 seconds East a
721	721	distance of 191.12 feet;
722	722	G98 North 48 degrees 11 minutes 49 seconds East a
723	723	distance of 196.64 feet;
724	724	G99 North 47 degrees 50 minutes 35 seconds East a
725	725	distance of 197.27 feet;
726	726	G100 North 47 degrees 25 minutes 10 seconds East a
727	727	distance of 189.70 feet;
728	728	G101 North 48 degrees 32 minutes 40 seconds East a
729	729	distance of 186.20 feet to a point, said point bears North 24
730	730	degrees 54 minutes 37 seconds East a distance of 82.99 feet from a
731	731	set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a
732	732	reference point;
733	733	G102 North 62 degrees 34 minutes 17 seconds East a
734	734	distance of 297.28 feet;
735	735	G103 North 69 degrees 16 minutes 43 seconds East a
736	736	distance of 231.02 feet;
737	737	G104 North 66 degrees 05 minutes 11 seconds East a
738	738	distance of 215.91 feet;
739	739	G105 North 73 degrees 14 minutes 02 seconds East a
740	740	distance of 341.31 feet;
741	741	G106 North 73 degrees 59 minutes 35 seconds East a
742	742	distance of 207.86 feet;
743	743	G107 North 61 degrees 35 minutes 34 seconds East a
744	744	distance of 102.12 feet;
745	745	G108 North 56 degrees 42 minutes 21 seconds East a
746	746	distance of 123.61 feet;
747	747	G109 North 42 degrees 39 minutes 46 seconds East a
748	748	distance of 118.62 feet;
749	749	G110 North 38 degrees 14 minutes 09 seconds East a
750	750	distance of 122.52 feet;
751	751	G111 North 40 degrees 27 minutes 30 seconds East a
752	752	distance of 109.48 feet;
753	753	G112 North 33 degrees 36 minutes 41 seconds East a
754	754	distance of 62.46 feet;
755	755	G113 North 00 degrees 03 minutes 19 seconds East a
756	756	distance of 106.64 feet;
757	757	G114 North 28 degrees 20 minutes 05 seconds West a
758	758	distance of 74.84 feet;
759	759	G115 North 47 degrees 28 minutes 12 seconds West a
760	760	distance of 98.25 feet;
761	761	G116 North 55 degrees 20 minutes 11 seconds West a
762	762	distance of 84.78 feet;
763	763	G117 North 61 degrees 01 minutes 36 seconds West a
764	764	distance of 91.07 feet to a point at the Northwest corner of the
765	765	herein described tract of land;
766	766	THENCE departing said Gradient boundary line, North 83
767	767	degrees 41 minutes 43 seconds East a distance of 80.00 feet pass a
768	768	set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a
769	769	reference point, a distance of 2342.51 feet pass a fence corner, and
770	770	continuing North 83 degrees 41 minutes 43 seconds East along an
771	771	existing fence line, a total distance of 4391.77 feet to set 3/4
772	772	inch iron rod at a fence corner, with a "DANNENBAUM ENGINEERING" cap
773	773	on the West right-of-way line of State Highway 288 as recorded in
774	774	Volume 1239, Page 933 of the Deed Records of Brazoria County, Texas,
775	775	and being the Northeast corner of the herein described tract of
776	776	land;
777	777	THENCE along the West right-of-way line of State Highway 288
778	778	and the East line of the herein described tract of land the
779	779	following courses:
780	780	- South 03 degrees 23 minutes 47 seconds East a distance of
781	781	334.81 feet to a set 3/4 inch iron rod with a "DANNENBAUM
782	782	ENGINEERING" cap at a point of curvature;
783	783	- Along an arc of a curve to the right, having a chord
784	784	distance of South 21 degrees 51 minutes 13 seconds West a distance
785	785	of 888.75 feet, a radius of 1041.74 feet and a central angle of 50
786	786	degrees 30 minutes 00 seconds, a distance of 918.18 feet to a set
787	787	5/8 inch iron rod with a "DANNENBAUM ENGINEERING" cap. Said iron rod
788	788	bears North 21 degrees 19 minutes 39 seconds East a distance of 0.42
789	789	feet from a Type I concrete monument;
790	790	- South 47 degrees 06 minutes 13 seconds West a distance of
791	791	175.34 feet to a set 5/8 inch iron rod with a "DANNENBAUM
792	792	ENGINEERING" cap at a point of curvature. Said iron rod bears North
793	793	19 degrees 21 minutes 20 seconds East a distance of 0.38 feet from a
794	794	Type I concrete monument;
795	795	- Along an arc of a curve to the left, having a chord
796	796	distance of South 24 degrees 37 minutes 56 seconds West a distance
797	797	of 394.04 feet, a radius of 515.46 feet and a central angle of 44
798	798	degrees 56 minutes 35 seconds, a distance of 404.33 feet to a set
799	799	5/8 inch iron rod with a "DANNENBAUM ENGINEERING" cap. Said iron rod
800	800	bears North 71 degrees 09 minutes 15 seconds West a distance of 0.73
801	801	feet from a Type I concrete monument;
802	802	- South 43 degrees 00 minutes 11 seconds West a distance of
803	803	72.39 feet to a set 5/8 inch iron rod with a "DANNENBAUM
804	804	ENGINEERING" cap. Said iron rod bears South 31 degrees 26 minutes 39
805	805	seconds East a distance of 0.20 feet from a Type I concrete
806	806	monument;
807	807	- South 86 degrees 36 minutes 13 seconds West a distance of
808	808	200.00 feet to a set 5/8 inch iron rod with a "DANNENBAUM
809	809	ENGINEERING" cap. Said iron rod bears South 13 degrees 58 minutes 29
810	810	seconds East a distance of 0.18 feet from a Type I concrete
811	811	monument;
812	812	- South 03 degrees 23 minutes 47 seconds East a distance of
813	813	120.00 feet to a set 5/8 inch iron rod with a "DANNENBAUM
814	814	ENGINEERING" cap. Said iron rod bears South 41 degrees 51 minutes 42
815	815	seconds East a distance of 0.38 feet from a Type I concrete
816	816	monument;
817	817	- North 86 degrees 36 minutes 13 seconds East a distance of
818	818	200.00 feet to a set 5/8 inch iron rod with a "DANNENBAUM
819	819	ENGINEERING" cap. Said iron rod bears North 68 degrees 06 minutes 20
820	820	seconds East a distance of 0.75 feet from a Type I concrete
821	821	monument;
822	822	- South 49 degrees 47 minutes 45 seconds East a distance of
823	823	72.39 feet to a set 5/8 inch iron rod with a "DANNENBAUM
824	824	ENGINEERING" cap to a point of curvature;
825	825	- Along an arc of a curve to the left, having a chord
826	826	distance of South 31 degrees 25 minutes 32 seconds East a distance
827	827	of 394.04 feet, a radius of 515.46 feet and a central angle of 44
828	828	degrees 56 minutes 35 seconds, a distance of 404.33 feet to a set
829	829	5/8 inch iron rod with a "DANNENBAUM ENGINEERING" cap. Said iron rod
830	830	bears South 64 degrees 47 minutes 02 seconds East a distance of 0.74
831	831	feet from a Type I concrete monument;
832	832	- South 53 degrees 53 minutes 47 seconds East a distance of
833	833	126.21 feet to a set 5/8 inch iron rod with a "DANNENBAUM
834	834	ENGINEERING" cap at a point of curvature. Said iron rod bears North
835	835	87 degrees 26 minutes 34 seconds East a distance of 1.13 feet from a
836	836	Type I concrete monument;
837	837	- Along an arc of a curve to the right, having a chord
838	838	distance of South 28 degrees 38 minutes 47 seconds East a distance
839	839	of 977.62 feet, a radius of 1145.92 feet and a central angle of 50
840	840	degrees 30 minutes 00 seconds, a distance of 1010.00 feet to a set
841	841	5/8 inch iron rod with a "DANNENBAUM ENGINEERING" cap. Said iron rod
842	842	bears North 80 degrees 54 minutes 46 seconds East a distance of 0.44
843	843	feet from a Type I concrete monument;
844	844	- South 03 degrees 23 minutes 47 seconds East a distance of
845	845	4860.82 feet to a set 5/8 inch iron rod with a "DANNENBAUM
846	846	ENGINEERING" cap at a point of curvature. Said iron rod bears South
847	847	71 degrees 34 minutes 42 seconds West a distance of 0.40 feet from a
848	848	Type I concrete monument;
849	849	- Along an arc of a curve to the right, having a chord
850	850	distance of South 01 degrees 50 minutes 31 seconds West a distance
851	851	of 1007.83 feet, a radius of 5519.58 feet and a central angle of 10
852	852	degrees 28 minutes 35 seconds, a distance of 1009.24 feet to a set
853	853	5/8 inch iron rod with a "DANNENBAUM ENGINEERING" cap to the PLACE
854	854	OF BEGINNING; containing 987.49 acres of land, more or less.
855	855	SECTION 3. (a) The legal notice of the intention to
856	856	introduce this Act, setting forth the general substance of this
857	857	Act, has been published as provided by law, and the notice and a
858	858	copy of this Act have been furnished to all persons, agencies,
859	859	officials, or entities to which they are required to be furnished
860	860	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
861	861	Government Code.
862	862	(b) The governor, one of the required recipients, has
863	863	submitted the notice and Act to the Texas Commission on
864	864	Environmental Quality.
865	865	(c) The Texas Commission on Environmental Quality has filed
866	866	its recommendations relating to this Act with the governor,
867	867	lieutenant governor, and speaker of the house of representatives
868	868	within the required time.
869	869	(d) The general law relating to consent by political
870	870	subdivisions to the creation of districts with conservation,
871	871	reclamation, and road powers and the inclusion of land in those
872	872	districts has been complied with.
873	873	(e) All requirements of the constitution and laws of this
874	874	state and the rules and procedures of the legislature with respect
875	875	to the notice, introduction, and passage of this Act have been
876	876	fulfilled and accomplished.
877	877	SECTION 4. This Act takes effect immediately if it receives
878	878	a vote of two-thirds of all the members elected to each house, as
879	879	provided by Section 39, Article III, Texas Constitution. If this
880	880	Act does not receive the vote necessary for immediate effect, this
881	881	Act takes effect September 1, 2009.
882	882	______________________________ ______________________________
883	883	President of the Senate Speaker of the House
884	884	I certify that H.B. No. 4775 was passed by the House on May
885	885	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
886	886	voting.
887	887	______________________________
888	888	Chief Clerk of the House
889	889	I certify that H.B. No. 4775 was passed by the Senate on May
890	890	26, 2009, by the following vote: Yeas 31, Nays 0.
891	891	______________________________
892	892	Secretary of the Senate
893	893	APPROVED: _____________________
894	894	Date
895	895	_____________________
896	896	Governor