Texas 2009 - 81st Regular

Texas Senate Bill SB1113 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6250 SLB-F
2	2	By: Hegar S.B. No. 1113
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Fort Bend County Municipal Utility
8	8	District No. 201; providing authority to impose a tax 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 F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8333 to read as follows:
13	13	CHAPTER 8333. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 201
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8333.001. 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 Fort Bend County Municipal
19	19	Utility District No. 201.
20	20	Sec. 8333.002. NATURE OF DISTRICT. The district is a
21	21	municipal utility district created under Section 59, Article XVI,
22	22	Texas Constitution.
23	23	Sec. 8333.003. 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. 8333.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
28	28	The district is created to serve a public purpose and benefit.
29	29	(b) The district is created to accomplish the purposes of:
30	30	(1) a municipal utility district as provided by
31	31	general law and Section 59, Article XVI, Texas Constitution; and
32	32	(2) Section 52, Article III, Texas Constitution, that
33	33	relate to the construction, acquisition, or improvement of
34	34	macadamized, graveled, or paved roads described by Section 54.234,
35	35	Water Code, or improvements, including storm drainage, in aid of
36	36	those roads.
37	37	Sec. 8333.005. INITIAL DISTRICT TERRITORY. (a) The
38	38	district is initially composed of the territory described by
39	39	Section 2 of the Act creating this chapter.
40	40	(b) The boundaries and field notes contained in Section 2 of
41	41	the Act creating this chapter form a closure. A mistake made in the
42	42	field notes or in copying the field notes in the legislative process
43	43	does not affect the district's:
44	44	(1) organization, existence, or validity;
45	45	(2) right to issue any type of bond for the purposes
46	46	for which the district is created or to pay the principal of and
47	47	interest on a bond;
48	48	(3) right to impose a tax; or
49	49	(4) legality or operation.
50	50	[Sections 8333.006-8333.050 reserved for expansion]
51	51	SUBCHAPTER B. BOARD OF DIRECTORS
52	52	Sec. 8333.051. GOVERNING BODY; TERMS. (a) The district is
53	53	governed by a board of five elected directors.
54	54	(b) Except as provided by Section 8333.052, directors serve
55	55	staggered four-year terms.
56	56	Sec. 8333.052. TEMPORARY DIRECTORS. (a) On or after the
57	57	effective date of the Act creating this chapter, the owner or owners
58	58	of a majority of the assessed value of the real property in the
59	59	district may submit a petition to the Texas Commission on
60	60	Environmental Quality requesting that the commission appoint as
61	61	temporary directors the five persons named in the petition. The
62	62	commission shall appoint as temporary directors the five persons
63	63	named in the petition.
64	64	(b) Temporary directors serve until the earlier of:
65	65	(1) the date permanent directors are elected under
66	66	Section 8333.003; or
67	67	(2) the fourth anniversary of the effective date of
68	68	the Act creating this chapter.
69	69	(c) If permanent directors have not been elected under
70	70	Section 8333.003 and the terms of the temporary directors have
71	71	expired, successor temporary directors shall be appointed or
72	72	reappointed as provided by Subsection (d) to serve terms that
73	73	expire on the earlier of:
74	74	(1) the date permanent directors are elected under
75	75	Section 8333.003; or
76	76	(2) the fourth anniversary of the date of the
77	77	appointment or reappointment.
78	78	(d) If Subsection (c) applies, the owner or owners of a
79	79	majority of the assessed value of the real property in the district
80	80	may submit a petition to the commission requesting that the
81	81	commission appoint as successor temporary directors the five
82	82	persons named in the petition. The commission shall appoint as
83	83	successor temporary directors the five persons named in the
84	84	petition.
85	85	[Sections 8333.053-8333.100 reserved for expansion]
86	86	SUBCHAPTER C. POWERS AND DUTIES
87	87	Sec. 8333.101. GENERAL POWERS AND DUTIES. The district has
88	88	the powers and duties necessary to accomplish the purposes for
89	89	which the district is created.
90	90	Sec. 8333.102. MUNICIPAL UTILITY DISTRICT POWERS AND
91	91	DUTIES. The district has the powers and duties provided by the
92	92	general law of this state, including Chapters 49 and 54, Water Code,
93	93	applicable to municipal utility districts created under Section 59,
94	94	Article XVI, Texas Constitution.
95	95	Sec. 8333.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
96	96	Section 52, Article III, Texas Constitution, the district may
97	97	design, acquire, construct, finance, issue bonds for, improve, and
98	98	convey to this state, a county, or a municipality for operation and
99	99	maintenance macadamized, graveled, or paved roads described by
100	100	Section 54.234, Water Code, or improvements, including storm
101	101	drainage, in aid of those roads.
102	102	(b) The district may exercise the powers provided by this
103	103	section without submitting a petition to or obtaining approval from
104	104	the Texas Commission on Environmental Quality as required by
105	105	Section 54.234, Water Code.
106	106	Sec. 8333.104. APPROVAL OF ROAD PROJECT. (a) The district
107	107	may not undertake a road project authorized by Section 8333.103
108	108	unless:
109	109	(1) each municipality or county that will operate and
110	110	maintain the road has approved the plans and specifications of the
111	111	road project, if a municipality or county will operate and maintain
112	112	the road; or
113	113	(2) the Texas Transportation Commission has approved
114	114	the plans and specifications of the road project, if the state will
115	115	operate and maintain the road.
116	116	(b) Except as provided by Subsection (a), the district is
117	117	not required to obtain approval from the Texas Transportation
118	118	Commission to design, acquire, construct, finance, issue bonds for,
119	119	improve, or convey a road project.
120	120	Sec. 8333.105. LIMITATION ON USE OF EMINENT DOMAIN. The
121	121	district may not exercise the power of eminent domain outside the
122	122	district to acquire a site or easement for:
123	123	(1) a road project authorized by Section 8333.103; or
124	124	(2) a recreational facility as defined by Section
125	125	49.462, Water Code.
126	126	[Sections 8333.106-8333.150 reserved for expansion]
127	127	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
128	128	Sec. 8333.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
129	129	district may issue, without an election, bonds and other
130	130	obligations secured by:
131	131	(1) revenue other than ad valorem taxes; or
132	132	(2) contract payments described by Section 8333.153.
133	133	(b) The district must hold an election in the manner
134	134	provided by Chapters 49 and 54, Water Code, to obtain voter approval
135	135	before the district may impose an ad valorem tax or issue bonds
136	136	payable from ad valorem taxes.
137	137	(c) The district may not issue bonds payable from ad valorem
138	138	taxes to finance a road project unless the issuance is approved by a
139	139	vote of a two-thirds majority of the district voters voting at an
140	140	election held for that purpose.
141	141	Sec. 8333.152. OPERATION AND MAINTENANCE TAX. (a) If
142	142	authorized at an election held under Section 8333.151, the district
143	143	may impose an operation and maintenance tax on taxable property in
144	144	the district in accordance with Section 49.107, Water Code.
145	145	(b) The board shall determine the tax rate. The rate may not
146	146	exceed the rate approved at the election.
147	147	Sec. 8333.153. CONTRACT TAXES. (a) In accordance with
148	148	Section 49.108, Water Code, the district may impose a tax other than
149	149	an operation and maintenance tax and use the revenue derived from
150	150	the tax to make payments under a contract after the provisions of
151	151	the contract have been approved by a majority of the district voters
152	152	voting at an election held for that purpose.
153	153	(b) A contract approved by the district voters may contain a
154	154	provision stating that the contract may be modified or amended by
155	155	the board without further voter approval.
156	156	[Sections 8333.154-8333.200 reserved for expansion]
157	157	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
158	158	Sec. 8333.201. AUTHORITY TO ISSUE BONDS AND OTHER
159	159	OBLIGATIONS. The district may issue bonds or other obligations
160	160	payable wholly or partly from ad valorem taxes, impact fees,
161	161	revenue, contract payments, grants, or other district money, or any
162	162	combination of those sources, to pay for any authorized district
163	163	purpose.
164	164	Sec. 8333.202. TAXES FOR BONDS. At the time the district
165	165	issues bonds payable wholly or partly from ad valorem taxes, the
166	166	board shall provide for the annual imposition of a continuing
167	167	direct ad valorem tax, without limit as to rate or amount, while all
168	168	or part of the bonds are outstanding as required and in the manner
169	169	provided by Sections 54.601 and 54.602, Water Code.
170	170	Sec. 8333.203. BONDS FOR ROAD PROJECTS. At the time of
171	171	issuance, the total principal amount of bonds or other obligations
172	172	issued or incurred to finance road projects and payable from ad
173	173	valorem taxes may not exceed one-fourth of the assessed value of the
174	174	real property in the district.
175	175	SECTION 2. The Fort Bend County Municipal Utility District
176	176	No. 201 initially includes all the territory contained in the
177	177	following area:
178	178	Being 1212.476 acres of land located in the Randolph Foster
179	179	League, Abstract 28, the Isaac N. Charles League, Abstract 17 and
180	180	the Nathan Brookshire League, Abstract 14, Fort Bend County, Texas,
181	181	more particularly being a portion of that certain called 672.719
182	182	acre tract conveyed to NBI Properties, Inc., by instruments of
183	183	record in Volume 1005, Page 102, Official Public Records, of said
184	184	Waller County (W.C.O.P.R.) and File No. 2006149078, Official Public
185	185	Records, of Fort Bend County (F.B.C.O.P.R.), being a portion of
186	186	that certain called 477.895 acre tract conveyed to NBI Properties,
187	187	Inc., by instruments of record in Volume 0998, Page 753,
188	188	W.C.O.P.R., and File No. 2006146817, F.B.C.O.P.R., being all of
189	189	that certain called 316.9155 acre tract conveyed to NBI Properties,
190	190	Inc., by instrument of record in File No. 2006152865, F.B.C.O.P.R.,
191	191	being all of those certain called 156.927 (described as Tract One)
192	192	and 228.012 (described as Tract Two) acre tracts conveyed to Hunt
193	193	Road & Poole Hill Farms, Inc., by instrument of record in File No.
194	194	2006140848, F.B.C.O.P.R., being all of that certain called 167.996
195	195	acre tract conveyed to Hunt Road & Poole Hill Farms, Inc., by
196	196	instrument of record in File No. 2006124567, F.B.C.O.P.R., and
197	197	being all being all of that certain called 235.82 acre tract
198	198	conveyed to Hunt Road & Poole Hill Farms, Inc., by instrument of
199	199	record in File No. 2007106146, F.B.C.O.P.R., said 1212.476 acres
200	200	being more particularly described in four (4) parts by metes and
201	201	bounds as follows (all bearings are assumed);
202	202	PART ONE
203	203	BEGINNING at the southeast corner of said 477.895 acre tract,
204	204	same being the northeast corner of that certain called 173.5 acre
205	205	tract conveyed to North Brookshire Limited, L.P., by instruments of
206	206	record in Volume 1322, Page 117 and Volume 1324, Page 589, Official
207	207	Records, of said Fort Bend County (F.B.C.O.R.), on the westerly
208	208	right-of-way line of F.M. 359 (called 100 feet wide);
209	209	Thence, with the common line of said 477.895 and 173.5
210	210	acre tracts, South 86 14' 39" West (called South 86 14' 39" West),
211	211	4424.53 feet to a point for corner, the northwest corner of said
212	212	173.5 acre tract, the northeast corner of said 316.9155 acre tract
213	213	and on the common line of said Fort Bend County and said Waller
214	214	County;
215	215	Thence, with said common county line, North 64 45' 09"
216	216	East, 3822.58 feet to a point for corner on the common line of said
217	217	477.895 acre tract and said F.M. 359;
218	218	Thence, leaving said common county line and with the
219	219	common line of said 477.895 acre tract and F.M. 359, the following
220	220	three (3) courses:
221	221	1) South 35 56' 20" East, 1122.72 feet to a point for
222	222	corner, the beginning of a curve;
223	223	2) 422.99 feet along the arc of a non-tangent curve to the
224	224	right, having a radius of 11680.86 feet, a central angle of 02 04'
225	225	29" and a chord which bears South 34 53' 15" East, 422.97 feet to a
226	226	point for corner;
227	227	3) South 33 49' 22" East, 101.93 feet to the POINT OF
228	228	BEGINNING and containing 71.295 acres of land.
229	229	PART TWO
230	230	BEGINNING at the northeast corner of said 316.9155 acre
231	231	tract, the northwest corner of that certain called 173.5 acre tract
232	232	conveyed to North Brookshire Limited, L.P., by instruments of
233	233	record in Volume 1322, Page 117 and Volume 1324, Page 589,
234	234	F.B.C.O.R., on the south line of the William Cooper League,
235	235	Abstract 20 and on the common line of said Fort Bend County and said
236	236	Waller County;
237	237	Thence, with the east line of said 316.9155 acre tract,
238	238	the following six (6) courses:
239	239	1) South 05 12' 16" East (called South 01 37' 03" East),
240	240	840.62 feet to a point for corner;
241	241	2) North 89 47' 13" East, 336.48 feet to a point for
242	242	corner;
243	243	3) South 09 43' 53" East, 467.84 feet to a point for
244	244	corner;
245	245	4) South 07 30' 55" East, 850.00 feet to a point for
246	246	corner;
247	247	5) South 05 32' 28" East, 41.16 feet to a point for
248	248	corner;
249	249	6) South 05 15' 23" East, 278.35 feet to the southeast
250	250	corner of said 316.9155 acre tract;
251	251	Thence, with the common line of said 316.9155 acre tract
252	252	and Pecan Hill Subdivision, an unrecorded subdivision, the
253	253	following four (4) courses:
254	254	1) South 77 45' 11" West (called South 81 20' 25" West),
255	255	724.59 feet to a point for corner;
256	256	2) South 78 45' 46" West, 892.00 feet to a point for
257	257	corner;
258	258	3) South 87 44' 44" West, 1795.20 feet to a point for
259	259	corner;
260	260	4) North 02 30' 59" West, 806.12 feet to a point for
261	261	corner;
262	262	Thence, continuing with a south line of said 316.9155
263	263	acre tract, North 02 58' 37" West, 513.22 feet to a point for
264	264	corner;
265	265	Thence, continuing with said south line, South 87 09'
266	266	42" West, 1088.25 feet to the most easterly northeast corner of said
267	267	672.719 acre tract;
268	268	Thence, with the east line of said 672.719 acre tract,
269	269	the following six (6) courses:
270	270	1) South 02 10' 54" East (called South 02 10' 52" East),
271	271	513.74 feet to a point for corner;
272	272	2) South 02 13' 19" East, 288.83 feet to a point for corner,
273	273	the beginning of a curve;
274	274	3) 68.38 feet along the arc of a non-tangent curve to the
275	275	left, having a radius of 60.00 feet, a central angle of 65 17' 45"
276	276	and a chord which bears South 55 12' 43" West, 64.74 feet to a point
277	277	for corner;
278	278	4) South 87 45' 09" West, 894.21 feet to a point for
279	279	corner;
280	280	5) North 03 34' 22" West, 50.00 feet to a point for
281	281	corner;
282	282	6) South 87 26' 22" West, 281.31 feet to a point for corner
283	283	on the centerline of Bessies Creek;
284	284	Thence, with the centerline of said Bessies Creek, the
285	285	following three (3) courses:
286	286	1) North 63 45' 04" West, 311.20 feet to a point for corner;
287	287	2) North 72 10' 05" West, 677.66 feet to a point for
288	288	corner;
289	289	3) North 60 36' 40" West, 445.96 feet to a point for corner
290	290	on the common survey line of said Nathan Brookshire League,
291	291	Abstract 14 (Fort Bend County) and the Randolph Foster League,
292	292	Abstract 27 (Waller County) and on the common line of said Fort Bend
293	293	County and said Waller County;
294	294	Thence, with said common survey line and said common
295	295	county line, North 03 52' 13" West, 1603.64 feet to a point for
296	296	corner, the common north corner of said 316.9155 and said 672.719
297	297	acre tracts, on the south line of the aforementioned 477.895 acre
298	298	tract and on the common line of said Nathan Brookshire League,
299	299	Abstract 14 (Fort Bend County) and the William Cooper League,
300	300	Abstract 20 (Waller County);
301	301	Thence, continuing with said common county line, and
302	302	said common survey line, and the common line of said 316.9155 and
303	303	477.895 acre tracts, the following three (3) courses:
304	304	1) North 87 38' 07" East, 1788.08 feet to a point for
305	305	corner;
306	306	2) North 87 38' 07" East, 1191.63 feet to a point for
307	307	corner;
308	308	3) North 87 42' 18" East, 3540.08 feet to the POINT OF
309	309	BEGINNING and containing 354.310 acres of land.
310	310	PART THREE
311	311	BEGINNING at the northeast corner of the aforementioned
312	312	167.996 acre tract, same being on the south line of that certain
313	313	called 9.2199 acre tract conveyed to Thomas D. Snader, et ux, by
314	314	instrument of record in File No. 9612689, F.B.C.O.P.R., and on the
315	315	west right-of-way line of Pool Hill Road;
316	316	Thence, with the common line of said 167.996 acre tract
317	317	and said Pool Hill Road, South 01 15' 01" East (called South 01 15'
318	318	01" East), 1121.50 feet to the southeast corner of said 167.996 acre
319	319	tract, same being on the north right-of-way line of Hunt Road;
320	320	Thence, with the south lines of said 167.996 acre tract
321	321	and the aforementioned 228.012 acre tract and the north line of said
322	322	Hunt Road, the following five (5) courses:
323	323	1) North 67 08' 57" West, 481.38 feet to a point for corner;
324	324	2) South 88 44' 54" West, 1206.64 feet to a point for
325	325	corner;
326	326	3) South 88 35' 09" West, 3373.73 feet to a point for
327	327	corner;
328	328	4) South 88 37' 31" West, 1554.55 feet to a point for
329	329	corner;
330	330	5) South 88 42' 59" West, 1068.05 feet to a point for corner
331	331	on the centerline of Bessies Creek;
332	332	Thence, with the centerline meanders of said Bessies
333	333	Creek, the following five (5) courses:
334	334	1) North 04 24' 25" East, 500.20 feet to a point for corner;
335	335	2) North 17 02' 57" West, 483.52 feet to a point for
336	336	corner;
337	337	3) North 49 34' 26" West, 1093.06 feet to a point for
338	338	corner;
339	339	4) North 01 41' 05" West, 209.65 feet to a point for
340	340	corner;
341	341	5) North 21 10' 25" East, 193.50 feet to a point for corner
342	342	on the common line of said Fort Bend County and said Waller County;
343	343	Thence, with said common county line, North 87 55' 15"
344	344	East, 293.26 feet to a point for corner on the west line of the
345	345	aforementioned Isaac N. Charles League and a reentrant corner of
346	346	said county line;
347	347	Thence, with the common line of said Randolph Foster
348	348	League, Abstract 27 (Waller County) and said Isaac N. Charles
349	349	Leagues and continuing with said common county line, North 02 07'
350	350	05" West, 201.15 feet to a point for corner on the centerline of
351	351	said Bessies Creek;
352	352	Thence, leaving said common survey line and said common
353	353	county and with the centerline meanders of Bessies Creek, the
354	354	following three (3) courses:
355	355	1) North 64 39' 53" East, 707.60 feet to a point for corner;
356	356	2) North 56 39' 01" East, 550.92 feet to a point for
357	357	corner;
358	358	3) North 34 38' 27" East, 435.63 feet to a point for corner
359	359	on the north line of said 228.012 acre tract, same being on the
360	360	common line of said Isaac N. Charles League and the aforementioned
361	361	Nathan Brookshire League, Abstract 14 (Fort Bend County);
362	362	Thence, with the north line of said 228.012 and 167.966
363	363	acre tracts and said common survey line, the following three (3)
364	364	courses:
365	365	1) North 88 36' 23" East (called North 88 36' 23" East),
366	366	2740.39 feet to a point for corner;
367	367	2) North 88 38' 43" East, 391.42 feet to a point for
368	368	corner;
369	369	3) North 88 34' 09" East, 234.57 feet to the most northerly
370	370	northeast corner of said 167.966 acre tract;
371	371	Thence, leaving said common survey line and with an east
372	372	line of said 167.996 acre tract, the following five (5) courses:
373	373	1) South 00 16' 33" East, 180.00 feet to a point for corner;
374	374	2) South 00 43' 08" East, 334.17 feet to a point for
375	375	corner;
376	376	3) South 01 40' 45" East, 641.05 feet to a point for
377	377	corner;
378	378	4) South 02 00' 21" East, 192.72 feet to a point for
379	379	corner;
380	380	5) South 01 10' 30" East, 987.32 feet to a reentrant corner
381	381	of said 167.996 acre tract;
382	382	Thence, with a north line of said 167.996 acre tract,
383	383	the following four (4) courses:
384	384	1) North 88 25' 10" East, 1015.89 feet to a point for
385	385	corner;
386	386	2) North 87 39' 34" East, 395.22 feet to a point for
387	387	corner;
388	388	3) North 87 30' 41" East, 841.03 feet to a point for
389	389	corner;
390	390	4) North 87 59' 27" East, 1192.62 feet to the POINT OF
391	391	BEGINNING and containing 394.123 acres of land.
392	392	PART FOUR
393	393	BEGINNING at the northeast corner of the aforementioned
394	394	235.82 acre tract, same being the southeast corner of the
395	395	aforementioned 156.927 acre tract and on the west right-of-way line
396	396	of said Pool Hill Road:
397	397	Thence, with the common line of said 235.82 acre tract
398	398	and said Pool Hill Road, South 01 46' 06" East (called South 01 51'
399	399	06" East), 837.49 feet to the most easterly south east corner of
400	400	said 235.82 acre tract;
401	401	Thence, with the south line of said 235.82 acre tract,
402	402	South 85 12' 35" West, 2933.05 feet to a reentrant corner of said
403	403	235.82 acre tract;
404	404	Thence, South 03 43' 41" East, 1040.32 feet to the most
405	405	southerly southeast corner of said 235.82 acre tract and on the
406	406	common line of said Isaac N. Charles League and the Noel F. Roberts
407	407	Survey, Abstract 79;
408	408	Thence, with the south line of said 235.82 acre tract and said
409	409	common survey line, South 88 35' 35" West, 3697.60 feet to the
410	410	southwest corner of said 235.82 acre tract, same being on the east
411	411	right-of-way line of Hunt Lane;
412	412	Thence, leaving said common survey line and with the
413	413	common line of said 235.82 acre tract and said Hunt Lane, North 02
414	414	09' 17" West, 825.45 feet to a point for corner;
415	415	Thence, with the west line of said 235.82 acre tract,
416	416	the following three (3) courses;
417	417	1) North 85 14' 09" East, 415.86 feet to a point for corner;
418	418	2) North 02 22' 29" West, 419.90 feet to a point for
419	419	corner;
420	420	3) South 87 44' 26" West, 414.27 feet to a point for corner
421	421	on the east line of said Hunt Lane;
422	422	Thence, with the common line of said 235.82 acre tract
423	423	and said Hunt lane, North 02 12' 21" West, 848.23 feet to the common
424	424	west corner of said 235.82 and 156.927 acre tracts;
425	425	Thence, with the common line of said 156.927 acre tract
426	426	and said Hunt Lane, North 02 13' 51" West (called North 02 12' 35"
427	427	West), 1016.80 feet to the northwest corner of said 156.927 acre
428	428	tract and on the south right-of-way line of the aforementioned Hunt
429	429	Road;
430	430	Thence, with the common line of said 156.927 acre tract
431	431	and said Hunt Road, the following three (3) courses:
432	432	1) North 88 40' 10" East, 6067.64 feet to a point for
433	433	corner;
434	434	2) South 84 45' 30" East, 63.21 feet to a point for
435	435	corner;
436	436	3) South 67 24' 16" East, 523.06 feet to the northeast
437	437	corner of said 156.927 acre tract and on the west line of the
438	438	aforementioned Pool Hill Road;
439	439	Thence, with the common line of said 156.927 acre tract
440	440	and said Pool Hill Road, South 02 18' 03" East, 850.14 feet to the
441	441	POINT OF BEGINNING and containing 392.748 acres of land.
442	442	Said Part One, Part Two, Part Three and Part Four
443	443	containing a total of 1212.476 acres of land.
444	444	SECTION 3. (a) The legal notice of the intention to
445	445	introduce this Act, setting forth the general substance of this
446	446	Act, has been published as provided by law, and the notice and a
447	447	copy of this Act have been furnished to all persons, agencies,
448	448	officials, or entities to which they are required to be furnished
449	449	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
450	450	Government Code.
451	451	(b) The governor, one of the required recipients, has
452	452	submitted the notice and Act to the Texas Commission on
453	453	Environmental Quality.
454	454	(c) The Texas Commission on Environmental Quality has filed
455	455	its recommendations relating to this Act with the governor, the
456	456	lieutenant governor, and the speaker of the house of
457	457	representatives within the required time.
458	458	(d) All requirements of the constitution and laws of this
459	459	state and the rules and procedures of the legislature with respect
460	460	to the notice, introduction, and passage of this Act are fulfilled
461	461	and accomplished.
462	462	SECTION 4. This Act takes effect immediately if it receives
463	463	a vote of two-thirds of all the members elected to each house, as
464	464	provided by Section 39, Article III, Texas Constitution. If this
465	465	Act does not receive the vote necessary for immediate effect, this
466	466	Act takes effect September 1, 2009.