Texas 2009 - 81st Regular

Texas Senate Bill SB2463 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 2463
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Comal County Water Improvement
6	6	District No. 2; providing authority to impose a tax and issue bonds;
7	7	granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle I, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 9039 to read as follows:
11	11	CHAPTER 9039. COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 2
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 9039.001. 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 Comal County Water
17	17	Improvement District No. 2.
18	18	Sec. 9039.002. NATURE OF DISTRICT. The district is a water
19	19	control and improvement district created under Section 59, Article
20	20	XVI, Texas Constitution.
21	21	Sec. 9039.003. CONFIRMATION AND DIRECTORS' ELECTION
22	22	REQUIRED. The temporary directors shall hold an election to
23	23	confirm the creation of the district and to elect five permanent
24	24	directors as provided by Section 49.102, Water Code.
25	25	Sec. 9039.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
26	26	temporary directors may not hold an election under Section 9039.003
27	27	until each municipality in whose corporate limits or
28	28	extraterritorial jurisdiction the district is located has
29	29	consented by ordinance or resolution to the creation of the
30	30	district and to the inclusion of land in the district.
31	31	(b) A confirmation election held in violation of this
32	32	section is void.
33	33	Sec. 9039.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
34	34	(a) The district is created to serve a public purpose and benefit.
35	35	(b) The district is created to accomplish the purposes of:
36	36	(1) a water control and improvement district as
37	37	provided by general law and Section 59, Article XVI, Texas
38	38	Constitution; and
39	39	(2) Section 52, Article III, Texas Constitution, that
40	40	relate to the construction, acquisition, improvement, operation,
41	41	or maintenance of macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 9039.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act creating this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act creating this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	[Sections 9039.007-9039.050 reserved for expansion]
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 9039.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 9039.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 9039.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act creating this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the Texas Commission on
66	66	Environmental Quality requesting that the commission appoint as
67	67	temporary directors the five persons named in the petition. The
68	68	commission shall appoint as temporary directors the five persons
69	69	named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 9039.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act creating this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 9039.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 9039.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	[Sections 9039.053-9039.100 reserved for expansion]
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 9039.101. GENERAL POWERS AND DUTIES. The district has
94	94	the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 9039.102. WATER CONTROL AND IMPROVEMENT DISTRICT
97	97	POWERS AND DUTIES. The district has the powers and duties provided
98	98	by the general law of this state, including Chapters 49 and 51,
99	99	Water Code, applicable to water control and improvement districts
100	100	created under Section 59, Article XVI, Texas Constitution, and
101	101	including powers relating to sanitary sewer systems.
102	102	Sec. 9039.103. AUTHORITY FOR ROAD PROJECTS. Under Section
103	103	52, Article III, Texas Constitution, the district may design,
104	104	acquire, construct, finance, issue bonds for, improve, operate,
105	105	maintain, and convey to this state, a county, or a municipality for
106	106	operation and maintenance macadamized, graveled, or paved roads, or
107	107	improvements, including storm drainage, in aid of those roads.
108	108	Sec. 9039.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
109	109	road project must meet all applicable construction standards,
110	110	zoning and subdivision requirements, and regulations of each
111	111	municipality in whose corporate limits or extraterritorial
112	112	jurisdiction the road project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards,
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 9039.105. CHANGE IN SURFACE LAND USE. The district may
122	122	not develop the surface of any land in the district for purposes
123	123	other than mining, quarrying, or water resource development,
124	124	retention, and distribution unless:
125	125	(1) the municipality in whose corporate limits or
126	126	extraterritorial jurisdiction the land is located and the owner or
127	127	owners of the land enter into a development agreement under Section
128	128	212.172, Local Government Code; and
129	129	(2) the change in use of the land complies with the
130	130	development agreement described by Subdivision (1).
131	131	Sec. 9039.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
132	132	OR RESOLUTION. The district shall comply with all applicable
133	133	requirements of any ordinance or resolution that is adopted under
134	134	Section 42.042, Local Government Code, and that consents to the
135	135	creation of the district or to the inclusion of land in the
136	136	district.
137	137	Sec. 9039.107. LIMITATION ON USE OF EMINENT DOMAIN. The
138	138	district may not exercise the power of eminent domain outside the
139	139	district to acquire a site or easement for:
140	140	(1) a road project authorized by Section 9039.103; or
141	141	(2) a recreational facility as defined by Section
142	142	49.462, Water Code.
143	143	Sec. 9039.108. DIVISION OF DISTRICT. (a) The district may
144	144	be divided into two or more new districts only if the district:
145	145	(1) has no outstanding bonded debt; and
146	146	(2) is not imposing ad valorem taxes.
147	147	(b) This chapter applies to any new district created by the
148	148	division of the district, and a new district has all the powers and
149	149	duties of the district.
150	150	(c) Any new district created by the division of the district
151	151	may not, at the time the new district is created, contain any land
152	152	outside the area described by Section 2 of the Act creating this
153	153	chapter.
154	154	(d) The board, on its own motion or on receipt of a petition
155	155	signed by the owner or owners of a majority of the assessed value of
156	156	the real property in the district, may adopt an order dividing the
157	157	district.
158	158	(e) The board may adopt an order dividing the district
159	159	before or after the date the board holds an election under Section
160	160	9039.003 to confirm the district's creation.
161	161	(f) An order dividing the district shall:
162	162	(1) name each new district;
163	163	(2) include the metes and bounds description of the
164	164	territory of each new district;
165	165	(3) appoint temporary directors for each new district;
166	166	and
167	167	(4) provide for the division of assets and liabilities
168	168	between or among the new districts.
169	169	(g) On or before the 30th day after the date of adoption of
170	170	an order dividing the district, the district shall file the order
171	171	with the Texas Commission on Environmental Quality and record the
172	172	order in the real property records of each county in which the
173	173	district is located.
174	174	(h) Any new district created by the division of the district
175	175	shall hold a confirmation and directors' election as required by
176	176	Section 9039.003. If the voters of a new district do not confirm
177	177	the creation of the new district, the assets, obligations,
178	178	territory, and governance of the new district revert to the
179	179	original district.
180	180	(i) Municipal consent to the creation of the district and to
181	181	the inclusion of land in the district granted under Section
182	182	9039.004 acts as municipal consent to the creation of any new
183	183	district created by the division of the district and to the
184	184	inclusion of land in the new district.
185	185	(j) Any new district created by the division of the district
186	186	must hold an election as required by this chapter to obtain voter
187	187	approval before the district may impose a maintenance tax or issue
188	188	bonds payable wholly or partly from ad valorem taxes.
189	189	Sec. 9039.109. LIMITATION ON ANNEXATION OF LAND BY
190	190	DISTRICT. (a) Except as provided by Subsection (b), the district
191	191	or any new district created by the division of the district may not
192	192	annex land outside the area described by Section 2 of the Act
193	193	creating this chapter without the consent of each municipality in
194	194	whose corporate limits or extraterritorial jurisdiction any of the
195	195	land in the area described by Section 2 of the Act creating this
196	196	chapter is located.
197	197	(b) The district or any new district created by the division
198	198	of the district may annex land adjacent to the area described by
199	199	Section 2 of the Act creating this chapter for mining, quarrying, or
200	200	water resource development, retention, and distribution purposes
201	201	without the consent of a municipality in whose corporate limits or
202	202	extraterritorial jurisdiction any of the land in the area described
203	203	by Section 2 of the Act creating this chapter is located.
204	204	Sec. 9039.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
205	205	For the purposes of Section 43.021(2), Local Government Code, or
206	206	other law, including a municipal charter or ordinance relating to
207	207	annexation, an area adjacent to the district or any new district
208	208	created by the division of the district is considered adjacent to a
209	209	municipality in whose corporate limits or extraterritorial
210	210	jurisdiction any of the land in the area described by Section 2 of
211	211	the Act creating this chapter is located.
212	212	[Sections 9039.111-9039.150 reserved for expansion]
213	213	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
214	214	Sec. 9039.151. ELECTIONS REGARDING TAXES OR BONDS.
215	215	(a) The district may issue, without an election, bonds and other
216	216	obligations secured by:
217	217	(1) revenue other than ad valorem taxes; or
218	218	(2) contract payments described by Section 9039.153.
219	219	(b) The district must hold an election in the manner
220	220	provided by Chapters 49 and 51, Water Code, to obtain voter approval
221	221	before the district may impose an ad valorem tax or issue bonds
222	222	payable from ad valorem taxes.
223	223	(c) The district may not issue bonds payable from ad valorem
224	224	taxes to finance a road project unless the issuance is approved by a
225	225	vote of a two-thirds majority of the district voters voting at an
226	226	election held for that purpose.
227	227	(d) The district may not hold an election to authorize the
228	228	issuance of bonds payable from ad valorem taxes to finance water and
229	229	wastewater facilities to provide water and wastewater service for
230	230	uses other than mining, quarrying, or water resource development,
231	231	retention, and distribution unless each municipality in whose
232	232	corporate limits or extraterritorial jurisdiction the district is
233	233	located and the owners of land in the district enter into a
234	234	development agreement under Section 212.172, Local Government
235	235	Code.
236	236	Sec. 9039.152. OPERATION AND MAINTENANCE TAX. (a) If
237	237	authorized at an election held under Section 9039.151, the district
238	238	may impose an operation and maintenance tax on taxable property in
239	239	the district in accordance with Section 49.107, Water Code.
240	240	(b) The board shall determine the tax rate. The rate may not
241	241	exceed the rate approved at the election.
242	242	Sec. 9039.153. CONTRACT TAXES. (a) In accordance with
243	243	Section 49.108, Water Code, the district may impose a tax other than
244	244	an operation and maintenance tax and use the revenue derived from
245	245	the tax to make payments under a contract after the provisions of
246	246	the contract have been approved by a majority of the district voters
247	247	voting at an election held for that purpose.
248	248	(b) A contract approved by the district voters may contain a
249	249	provision stating that the contract may be modified or amended by
250	250	the board without further voter approval.
251	251	[Sections 9039.154-9039.200 reserved for expansion]
252	252	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
253	253	Sec. 9039.201. AUTHORITY TO ISSUE BONDS AND OTHER
254	254	OBLIGATIONS. The district may issue bonds or other obligations
255	255	payable wholly or partly from ad valorem taxes, impact fees,
256	256	revenue, contract payments, grants, or other district money, or any
257	257	combination of those sources, to pay for any authorized district
258	258	purpose.
259	259	Sec. 9039.202. TAXES FOR BONDS. At the time the district
260	260	issues bonds payable wholly or partly from ad valorem taxes, the
261	261	board shall provide for the annual imposition of a continuing
262	262	direct ad valorem tax, without limit as to rate or amount, while all
263	263	or part of the bonds are outstanding as required and in the manner
264	264	provided by Section 51.433, Water Code.
265	265	Sec. 9039.203. BONDS FOR ROAD PROJECTS. At the time of
266	266	issuance, the total principal amount of bonds or other obligations
267	267	issued or incurred to finance road projects and payable from ad
268	268	valorem taxes may not exceed one-fourth of the assessed value of the
269	269	real property in the district.
270	270	SECTION 2. The Comal County Water Improvement District No.
271	271	2 initially includes all the territory contained in the following
272	272	area:
273	273	Being 2040 acres tract of land describing a political
274	274	subdivision in Comal County, Texas, comprising a portion of the
275	275	Vicente Salinas Survey No. 393, Abstract 519, a portion of the
276	276	Phillip Engleback Survey No. 388, Abstract 139, a portion of the
277	277	Joseph Thompson Survey No. 751, Abstract 615, a portion of the SA &
278	278	MG Railroad Company Survey No. 593, Abstract 579, all of the Jacob
279	279	Heidrich Survey No. 638, Abstract 242, a portion of the Gottlieb
280	280	Kempin Survey No. 634, Abstract 322, a portion of the Joseph
281	281	Thompson Survey No. 750, Abstract 607, a portion of the Gustav
282	282	Brecher Survey No. 639, Abstract 159, a portion of the G. Ulrich
283	283	Survey, Abstract 634, a portion of the SA & MG Railroad Company
284	284	Survey No. 592, Abstract 576, a portion of the D. Pfueffer Survey
285	285	No. 496, Abstract 465, a portion of the G. Pfeuffer Survey No. 495,
286	286	Abstract 464, and a portion of the Francisco Rodriguez Survey No.
287	287	99, Abstract 484, Comal County, Texas, same being a portion of a
288	288	520.882 acre tract described in Document #9606007621, Official
289	289	Records, Comal County, Texas, a portion of a 1441.153 acre tract
290	290	described as "FIRST TRACT" in Volume 795, Page 833, recorded in
291	291	Comal County, Texas, all of a 3.068 acre tract described in Document
292	292	#9606002717, Official Records, Comal County, Texas, all of a 4.62
293	293	acre tract described in Volume 795, Page 899, recorded in Comal
294	294	County, Texas, all of a 70.103 acre tract described as "SECOND
295	295	TRACT" in Volume 795, Page 833, recorded in Comal County, Texas, and
296	296	all of a 16.715 acre tract described as "THIRD TRACT" in Volume 795,
297	297	Page 899, recorded in Comal County, Texas, and including a portion
298	298	of F.M. 482, more particularly described by metes and bounds as
299	299	follows:
300	300	BEGINNING at a point in the northwest right-of-way line of
301	301	the Union Pacific Railroad, said point being also the south corner
302	302	of the aforementioned 16.715 acre tract;
303	303	THENCE along the southwest line of the aforementioned 16.715
304	304	acre tract, N 38 19' 53" W a distance of 728.60 to a point in the
305	305	southeast right-of-way line of the aforementioned F.M. 482;
306	306	THENCE crossing said F.M. 482, N 38 19' 53" W a distance of
307	307	58.89 feet to a point in the northwest right-of-way line of said
308	308	F.M. 482 for a corner of the herein described 2040 acre tract;
309	309	THENCE along the aforementioned northwest right-of-way line
310	310	of F.M. 482, S 38 48' 47" W a distance of 315.41 feet to a point for
311	311	a corner of the herein described 2040 acre tract;
312	312	THENCE leaving the aforementioned northwest right-of-way
313	313	line of F.M. 482 along the southwest line of the aforementioned
314	314	70.103 acre tract the following six courses:
315	315	N 36 49' 58" W a distance of 173.13 feet to a point;
316	316	N 27 18' 53" W a distance of 191.27 feet to a point;
317	317	N 29 48' 15" W a distance of 568.37 feet to a point;
318	318	N 29 33' 14" W a distance of 542.19 feet to a point;
319	319	N 29 42' 14" W a distance of 1073.71 feet to a point;
320	320	N 29 44' 32" W a distance of 289.13 feet to a point in the
321	321	southeast right-of-way line of the Union Pacific Railroad;
322	322	THENCE leaving the aforementioned southeast right-of-way
323	323	line of the Union Pacific Railroad and crossing said right-of-way,
324	324	N 33 52' 36" W a distance of 95.61 feet to a point in the northwest
325	325	right-of-way line of said right-of-way;
326	326	THENCE leaving the aforementioned northwest right-of-way
327	327	line of Union Pacific Railroad along a southwest line of the
328	328	aforementioned 1441.153 acre tract the following thirteen courses:
329	329	N 29 53' 25" W a distance of 1697.53 feet to a point;
330	330	N 30 21' 49" W a distance of 2519.32 feet to a point;
331	331	N 30 37' 56" W a distance of 2062.52 feet to a point;
332	332	N 30 18' 19" W a distance of 421.53 feet to a point for a
333	333	corner of the herein described 2040 acre tract;
334	334	N 25 16' 50" W a distance of 30.81 feet to a point;
335	335	N 30 14' 39" W a distance of 23.87 feet to a point for a
336	336	re-entrant corner of the herein described 2040 acre tract;
337	337	S 57 53' 34" W a distance of 465.11 feet to a point for a
338	338	corner of the herein described 2040 acre tract;
339	339	N 33 09' 15" W a distance of 587.57 feet to a point for a
340	340	corner of the herein described 2040 acre tract;
341	341	N 76 43' 30" W a distance of 820.61 feet to a point for a
342	342	corner of the herein described 2040 acre tract;
343	343	N 31 15' 16" W a distance of 416.84 feet to a point;
344	344	N 31 30' 02" W a distance of 1271.43 feet to a point;
345	345	N 31 22' 46" W a distance of 1333.52 feet to a point;
346	346	N 31 23' 29" W a distance of 2227.66 feet to a point for a
347	347	corner of the herein described 2040 acre tract;
348	348	THENCE continuing along the line of the aforementioned 1441.153
349	349	acre tract the following sixteen courses:
350	350	S 60 52' 50" W a distance of 497.70 feet to a point;
351	351	S 59 01' 28" W a distance of 1115.95 feet to a point;
352	352	S 59 02' 57" W a distance of 914.41 feet to a point;
353	353	S 59 03' 01" W a distance of 1114.41 feet to a point;
354	354	S 57 23' 13" W a distance of 32.92 feet to a point for a corner
355	355	of the herein described 2040 acre tract;
356	356	N 30 56' 02" W a distance of 465.31 feet to a point for a
357	357	corner of the herein described 2040 acre tract;
358	358	N 33 31' 12" E a distance of 6.26 feet to a point for a corner
359	359	of the herein described 2040 acre tract;
360	360	N 79 04' 59" E a distance of 199.49 to a point for a
361	361	re-entrant corner of the herein described 2040 acre tract;
362	362	N 20 21' 39" W a distance of 1136.74 to a point;
363	363	N 19 38' 37" W a distance of 1581.04 to a point for a corner of
364	364	the herein described 2040 acre tract;
365	365	N 53 11' 57" E a distance of 959.99 to a point;
366	366	N 51 15' 55" E a distance of 168.17 to a point;
367	367	N 53 10' 13" E a distance of 370.06 to a point for a
368	368	re-entrant corner of the herein described 2040 acre tract;
369	369	N 40 42' 50" W a distance of 1092.82 to a point for a corner of
370	370	the herein described 2040 acre tract;
371	371	N 52 20' 54" E a distance of 1809.14 to a point;
372	372	N 51 51' 39" E a distance of 2017.89 to a point for a north
373	373	corner of the aforementioned 1441.153 acre tract and a west
374	374	corner of the aforementioned 520.882 acre tract;
375	375	THENCE along the west line of the aforementioned 520.882 acre tract
376	376	the following nine courses and distances:
377	377	N 41 27' 49 E a distance of 423.79 to a point for a re-entrant
378	378	corner of the herein described 2040 acre tract;
379	379	N 40 11' 18 W a distance of 706.65 to a point for a corner of
380	380	the herein described 2040 acre tract;
381	381	N 07 15' 48 E a distance of 439.57 to a point;
382	382	N 15 08' 12 E a distance of 352.85 to a point;
383	383	N 03 18' 42 W a distance of 161.89 to a point;
384	384	N 05 05' 26 W a distance of 135.58 to a point;
385	385	N 02 13' 02 E a distance of 40.64 to a point;
386	386	N 05 37' 31 E a distance of 521.62 to a point;
387	387	N 20 22' 27 E a distance of 95.14 to a point in the south
388	388	right-of-way line of F.M. 1863 for a northwest corner of the
389	389	herein described tract;
390	390	THENCE with the aforementioned south line of F.M. 1863 the
391	391	following 8 courses:
392	392	N 51 29' 50" E a distance of 175.09 to a point;
393	393	N 57 58' 53" E a distance of 136.67 to a point of curvature;
394	394	A distance of 596.10 feet with the arc of a curve to the right
395	395	having a radius of 3564.00 feet, a central angle of 9 34' 59",
396	396	and a chord that bears N 62 46' 23" E a distance of 595.41
397	397	feet to a point of tangency;
398	398	N 67 33' 52" E a distance of 335.48 to a point of curvature;
399	399	A distance of 562.48 feet with the arc of a curve to the right
400	400	having a radius of 1106.28 feet, a central angle of 29 07'
401	401	54", and a chord bearing N 82 07' 49" E a distance of 556.44
402	402	feet to a point of tangency;
403	403	S 83 18' 14" E a distance of 362.86 to a point;
404	404	S 86 38' 26" E a distance of 345.46 to a point;
405	405	N 89 51' 46" E a distance of 759.89 to a point for the
406	406	northeast corner of the herein described 2040 acre tract;
407	407	THENCE leaving the aforementioned south line of F.M. 1863 and
408	408	crossing the aforementioned 520.882 acre tract the following 5
409	409	courses:
410	410	S 04 10' 58" W a distance of 832.87 to a point of curvature;
411	411	A distance of 1011.26 feet with the arc of a curve to the left
412	412	having a radius of 1950 feet, a central angle of 29 42' 48",
413	413	and a chord bearing S 10 40' 26" E a distance of 999.97 feet
414	414	to a point of tangency;
415	415	S 25 31' 50" E a distance of 403.22 to a point of curvature;
416	416	A distance of 1319.83 feet with the arc of a curve to the
417	417	right having radius of 1840 feet, a central angle of 41 05'
418	418	54", and a chord bearing S 04 58' 53" E a distance of 1291.72
419	419	feet to a point of tangency;
420	420	S 15 34' 04" W a distance of 1199.41 to a point;
421	421	THENCE S 37 26' 09" E a distance of 1838.77 to a point for a corner
422	422	of the herein described 2040 acre tract;
423	423	THENCE along the north line of the aforementioned 3.068 acre tract
424	424	the following 4 courses:
425	425	N 52 30' 49" E a distance of 2294.03 to a point;
426	426	N 56 29' 27" E a distance of 253.16 to a point;
427	427	N 60 06' 52" E a distance of 1753.03 to a point;
428	428	N 23 59' 42" E a distance of 57.02 to a point in the southwest
429	429	line of Krueger Canyon Road for a corner of the herein
430	430	described 2040 acre tract;
431	431	THENCE leaving the north line of the aforementioned 3.068 acre
432	432	tract along the southwest line of Krueger Canyon Road the following
433	433	two courses:
434	434	S 42 27' 33" E a distance of 59.64 feet to a point;
435	435	S 56 34' 29" E a distance of 51.14 to a point for a corner of
436	436	the herein described 2040 acre tract;
437	437	THENCE leaving aforementioned southwest line of Krueger Canyon Road
438	438	along the southeast line of a 4.62 acre tract as described in Volume
439	439	795, Page 899, recorded in Comal County, Texas, the following three
440	440	courses:
441	441	S 60 08' 27" W a distance of 1964.80 to a point;
442	442	S 52 24' 31" W a distance of 2406.31 to a point;
443	443	S 73 01' 33" W a distance of 154.97 to a point;
444	444	THENCE leaving the southeast line of the aforementioned 4.62 acre
445	445	tract along the line of the herein described 2040 acre tract, S 56
446	446	25' 06" W a distance of 638.95 to a point for a corner of the herein
447	447	described 2040 acre tract;
448	448	THENCE along the southwest line of a of a 13.86 acre tract described
449	449	in Volume 795, Page 899, recorded in Comal County, Texas, the
450	450	following three courses:
451	451	S 31 15' 27" E a distance of 74.53 to a point;
452	452	S 41 39' 34" E a distance of 2866.81 to a point;
453	453	S 30 05' 38" E a distance of 3464.80 to a point for a corner of
454	454	the herein described 2040 acre tract;
455	455	THENCE leaving the southwest line of the aforementioned 13.86 acre
456	456	tract along the northeast line of the aforementioned 1441.153 acre
457	457	tract, being also a northeast line of the herein described tract,
458	458	the following ten courses:
459	459	S 58 40' 39" W a distance of 325.39 to a point for a
460	460	re-entrant corner of the herein described 2040 acre tract;
461	461	S 30 11' 33" E a distance of 1726.02 to a point;
462	462	S 30 44' 44" E a distance of 898.77 to a point;
463	463	S 30 15' 26" E a distance of 302.94 to a point;
464	464	S 30 57' 47" E a distance of 381.87 to a point;
465	465	S 29 33' 10" E a distance of 521.64 to a point;
466	466	S 29 58' 58" E a distance of 1068.26 to a point;
467	467	S 29 22' 09" E a distance of 598.91 to a point;
468	468	S 29 04' 59" E a distance of 520.93 to a point;
469	469	S 30 08' 30" E a distance of 668.29 to a point in the
470	470	northwest right-of-way line of the Union Pacific Railroad,
471	471	formerly the Missouri-Pacific Railroad, formerly the
472	472	International and Great Northern Railroad, for a corner of
473	473	the herein described 2040 acre tract;
474	474	THENCE leaving the aforementioned northeast line of the 1441.153
475	475	acre tract along the aforementioned northwest right-of-way line of
476	476	the Union Pacific Railroad, S 56 53' 04" W a distance of 1454.77
477	477	feet to a point;
478	478	THENCE leaving the aforementioned northwest right-of-way line of
479	479	the Union Pacific Railroad and crossing said right-of-way, S 28 08'
480	480	08" E a distance of 92.87 feet to a point in the southeast
481	481	right-of-way line of said Union Pacific Railroad;
482	482	THENCE leaving the aforementioned southeast right-of-way line of
483	483	Union Pacific Railroad along the northeast line of the
484	484	aforementioned 70.103 acre tract the following three courses:
485	485	S 29 29' 54" E a distance of 1394.17 feet to a point;
486	486	S 30 02' 49" E a distance of 844.61 feet to a point;
487	487	S 38 42' 20" E a distance of 242.41 feet to a point in the
488	488	northwest right-of-way line of F.M. 482;
489	489	THENCE leaving the aforementioned northwest right-of-way line F.M.
490	490	482 and crossing said road, S 41 35' 33" E a distance of 54.99 to a
491	491	point in the southeast right-of-way line of F.M. 482;
492	492	THENCE leaving the aforementioned southeast right-of-way line of
493	493	F.M. 482 along the northeast line of the aforementioned 16.715 acre
494	494	tract, S 35 44' 45" E a distance of 873.43 to a point in the
495	495	aforementioned northwest right-of-way line of the Union Pacific
496	496	Railroad for a corner of the herein described 2040 acre tract;
497	497	THENCE along the southeast line of the aforementioned 16.715 acre
498	498	tract, being the same as the aforementioned right-of-way line of
499	499	the Union Pacific Railroad, S 49 09' 42" W a distance of 882.41 to
500	500	the PLACE OF BEGINNING, and containing 2040 acres of land, more or
501	501	less.
502	502	SECTION 3. (a) The legal notice of the intention to
503	503	introduce this Act, setting forth the general substance of this
504	504	Act, has been published as provided by law, and the notice and a
505	505	copy of this Act have been furnished to all persons, agencies,
506	506	officials, or entities to which they are required to be furnished
507	507	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
508	508	Government Code.
509	509	(b) The governor, one of the required recipients, has
510	510	submitted the notice and Act to the Texas Commission on
511	511	Environmental Quality.
512	512	(c) The Texas Commission on Environmental Quality has filed
513	513	its recommendations relating to this Act with the governor, the
514	514	lieutenant governor, and the speaker of the house of
515	515	representatives within the required time.
516	516	(d) All requirements of the constitution and laws of this
517	517	state and the rules and procedures of the legislature with respect
518	518	to the notice, introduction, and passage of this Act are fulfilled
519	519	and accomplished.
520	520	SECTION 4. This Act takes effect immediately if it receives
521	521	a vote of two-thirds of all the members elected to each house, as
522	522	provided by Section 39, Article III, Texas Constitution. If this
523	523	Act does not receive the vote necessary for immediate effect, this
524	524	Act takes effect September 1, 2009.
525	525	______________________________ ______________________________
526	526	President of the Senate Speaker of the House
527	527	I hereby certify that S.B. No. 2463 passed the Senate on
528	528	May 5, 2009, by the following vote: Yeas 31, Nays 0.
529	529	______________________________
530	530	Secretary of the Senate
531	531	I hereby certify that S.B. No. 2463 passed the House on
532	532	May 25, 2009, by the following vote: Yeas 144, Nays 0, two
533	533	present not voting.
534	534	______________________________
535	535	Chief Clerk of the House
536	536	Approved:
537	537	______________________________
538	538	Date
539	539	______________________________
540	540	Governor