S.B. No. 2463
AN ACT
relating to the creation of the Comal County Water Improvement
District No. 2; providing authority to impose a tax and issue bonds;
granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9039 to read as follows:
CHAPTER 9039. COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9039.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Comal County Water
Improvement District No. 2.
Sec. 9039.002. NATURE OF DISTRICT. The district is a water
control and improvement district created under Section 59, Article
XVI, Texas Constitution.
Sec. 9039.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 9039.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
temporary directors may not hold an election under Section 9039.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
(b) A confirmation election held in violation of this
section is void.
Sec. 9039.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a water control and improvement district as
provided by general law and Section 59, Article XVI, Texas
Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 9039.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 9039.007-9039.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9039.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 9039.052, directors serve
staggered four-year terms.
Sec. 9039.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
temporary directors the five persons named in the petition. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 9039.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 9039.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 9039.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
[Sections 9039.053-9039.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9039.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 9039.102. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. The district has the powers and duties provided
by the general law of this state, including Chapters 49 and 51,
Water Code, applicable to water control and improvement districts
created under Section 59, Article XVI, Texas Constitution, and
including powers relating to sanitary sewer systems.
Sec. 9039.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 9039.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 9039.105. CHANGE IN SURFACE LAND USE. The district may
not develop the surface of any land in the district for purposes
other than mining, quarrying, or water resource development,
retention, and distribution unless:
(1) the municipality in whose corporate limits or
extraterritorial jurisdiction the land is located and the owner or
owners of the land enter into a development agreement under Section
212.172, Local Government Code; and
(2) the change in use of the land complies with the
development agreement described by Subdivision (1).
Sec. 9039.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 42.042, Local Government Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 9039.107. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 9039.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 9039.108. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
9039.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 9039.003. If the voters of a new district do not confirm
the creation of the new district, the assets, obligations,
territory, and governance of the new district revert to the
original district.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
9039.004 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
Sec. 9039.109. LIMITATION ON ANNEXATION OF LAND BY
DISTRICT. (a) Except as provided by Subsection (b), the district
or any new district created by the division of the district may not
annex land outside the area described by Section 2 of the Act
creating this chapter without the consent of each municipality in
whose corporate limits or extraterritorial jurisdiction any of the
land in the area described by Section 2 of the Act creating this
chapter is located.
(b) The district or any new district created by the division
of the district may annex land adjacent to the area described by
Section 2 of the Act creating this chapter for mining, quarrying, or
water resource development, retention, and distribution purposes
without the consent of a municipality in whose corporate limits or
extraterritorial jurisdiction any of the land in the area described
by Section 2 of the Act creating this chapter is located.
Sec. 9039.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
For the purposes of Section 43.021(2), Local Government Code, or
other law, including a municipal charter or ordinance relating to
annexation, an area adjacent to the district or any new district
created by the division of the district is considered adjacent to a
municipality in whose corporate limits or extraterritorial
jurisdiction any of the land in the area described by Section 2 of
the Act creating this chapter is located.
[Sections 9039.111-9039.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9039.151. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 9039.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 51, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
(d) The district may not hold an election to authorize the
issuance of bonds payable from ad valorem taxes to finance water and
wastewater facilities to provide water and wastewater service for
uses other than mining, quarrying, or water resource development,
retention, and distribution unless each municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located and the owners of land in the district enter into a
development agreement under Section 212.172, Local Government
Code.
Sec. 9039.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9039.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 9039.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 9039.154-9039.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 9039.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 9039.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Section 51.433, Water Code.
Sec. 9039.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Comal County Water Improvement District No.
2 initially includes all the territory contained in the following
area:
Being 2040 acres tract of land describing a political
subdivision in Comal County, Texas, comprising a portion of the
Vicente Salinas Survey No. 393, Abstract 519, a portion of the
Phillip Engleback Survey No. 388, Abstract 139, a portion of the
Joseph Thompson Survey No. 751, Abstract 615, a portion of the SA &
MG Railroad Company Survey No. 593, Abstract 579, all of the Jacob
Heidrich Survey No. 638, Abstract 242, a portion of the Gottlieb
Kempin Survey No. 634, Abstract 322, a portion of the Joseph
Thompson Survey No. 750, Abstract 607, a portion of the Gustav
Brecher Survey No. 639, Abstract 159, a portion of the G. Ulrich
Survey, Abstract 634, a portion of the SA & MG Railroad Company
Survey No. 592, Abstract 576, a portion of the D. Pfueffer Survey
No. 496, Abstract 465, a portion of the G. Pfeuffer Survey No. 495,
Abstract 464, and a portion of the Francisco Rodriguez Survey No.
99, Abstract 484, Comal County, Texas, same being a portion of a
520.882 acre tract described in Document #9606007621, Official
Records, Comal County, Texas, a portion of a 1441.153 acre tract
described as "FIRST TRACT" in Volume 795, Page 833, recorded in
Comal County, Texas, all of a 3.068 acre tract described in Document
#9606002717, Official Records, Comal County, Texas, all of a 4.62
acre tract described in Volume 795, Page 899, recorded in Comal
County, Texas, all of a 70.103 acre tract described as "SECOND
TRACT" in Volume 795, Page 833, recorded in Comal County, Texas, and
all of a 16.715 acre tract described as "THIRD TRACT" in Volume 795,
Page 899, recorded in Comal County, Texas, and including a portion
of F.M. 482, more particularly described by metes and bounds as
follows:
BEGINNING at a point in the northwest right-of-way line of
the Union Pacific Railroad, said point being also the south corner
of the aforementioned 16.715 acre tract;
THENCE along the southwest line of the aforementioned 16.715
acre tract, N 38 19' 53" W a distance of 728.60 to a point in the
southeast right-of-way line of the aforementioned F.M. 482;
THENCE crossing said F.M. 482, N 38 19' 53" W a distance of
58.89 feet to a point in the northwest right-of-way line of said
F.M. 482 for a corner of the herein described 2040 acre tract;
THENCE along the aforementioned northwest right-of-way line
of F.M. 482, S 38 48' 47" W a distance of 315.41 feet to a point for
a corner of the herein described 2040 acre tract;
THENCE leaving the aforementioned northwest right-of-way
line of F.M. 482 along the southwest line of the aforementioned
70.103 acre tract the following six courses:
N 36 49' 58" W a distance of 173.13 feet to a point;
N 27 18' 53" W a distance of 191.27 feet to a point;
N 29 48' 15" W a distance of 568.37 feet to a point;
N 29 33' 14" W a distance of 542.19 feet to a point;
N 29 42' 14" W a distance of 1073.71 feet to a point;
N 29 44' 32" W a distance of 289.13 feet to a point in the
southeast right-of-way line of the Union Pacific Railroad;
THENCE leaving the aforementioned southeast right-of-way
line of the Union Pacific Railroad and crossing said right-of-way,
N 33 52' 36" W a distance of 95.61 feet to a point in the northwest
right-of-way line of said right-of-way;
THENCE leaving the aforementioned northwest right-of-way
line of Union Pacific Railroad along a southwest line of the
aforementioned 1441.153 acre tract the following thirteen courses:
N 29 53' 25" W a distance of 1697.53 feet to a point;
N 30 21' 49" W a distance of 2519.32 feet to a point;
N 30 37' 56" W a distance of 2062.52 feet to a point;
N 30 18' 19" W a distance of 421.53 feet to a point for a
corner of the herein described 2040 acre tract;
N 25 16' 50" W a distance of 30.81 feet to a point;
N 30 14' 39" W a distance of 23.87 feet to a point for a
re-entrant corner of the herein described 2040 acre tract;
S 57 53' 34" W a distance of 465.11 feet to a point for a
corner of the herein described 2040 acre tract;
N 33 09' 15" W a distance of 587.57 feet to a point for a
corner of the herein described 2040 acre tract;
N 76 43' 30" W a distance of 820.61 feet to a point for a
corner of the herein described 2040 acre tract;
N 31 15' 16" W a distance of 416.84 feet to a point;
N 31 30' 02" W a distance of 1271.43 feet to a point;
N 31 22' 46" W a distance of 1333.52 feet to a point;
N 31 23' 29" W a distance of 2227.66 feet to a point for a
corner of the herein described 2040 acre tract;
THENCE continuing along the line of the aforementioned 1441.153
acre tract the following sixteen courses:
S 60 52' 50" W a distance of 497.70 feet to a point;
S 59 01' 28" W a distance of 1115.95 feet to a point;
S 59 02' 57" W a distance of 914.41 feet to a point;
S 59 03' 01" W a distance of 1114.41 feet to a point;
S 57 23' 13" W a distance of 32.92 feet to a point for a corner
of the herein described 2040 acre tract;
N 30 56' 02" W a distance of 465.31 feet to a point for a
corner of the herein described 2040 acre tract;
N 33 31' 12" E a distance of 6.26 feet to a point for a corner
of the herein described 2040 acre tract;
N 79 04' 59" E a distance of 199.49 to a point for a
re-entrant corner of the herein described 2040 acre tract;
N 20 21' 39" W a distance of 1136.74 to a point;
N 19 38' 37" W a distance of 1581.04 to a point for a corner of
the herein described 2040 acre tract;
N 53 11' 57" E a distance of 959.99 to a point;
N 51 15' 55" E a distance of 168.17 to a point;
N 53 10' 13" E a distance of 370.06 to a point for a
re-entrant corner of the herein described 2040 acre tract;
N 40 42' 50" W a distance of 1092.82 to a point for a corner of
the herein described 2040 acre tract;
N 52 20' 54" E a distance of 1809.14 to a point;
N 51 51' 39" E a distance of 2017.89 to a point for a north
corner of the aforementioned 1441.153 acre tract and a west
corner of the aforementioned 520.882 acre tract;
THENCE along the west line of the aforementioned 520.882 acre tract
the following nine courses and distances:
N 41 27' 49 E a distance of 423.79 to a point for a re-entrant
corner of the herein described 2040 acre tract;
N 40 11' 18 W a distance of 706.65 to a point for a corner of
the herein described 2040 acre tract;
N 07 15' 48 E a distance of 439.57 to a point;
N 15 08' 12 E a distance of 352.85 to a point;
N 03 18' 42 W a distance of 161.89 to a point;
N 05 05' 26 W a distance of 135.58 to a point;
N 02 13' 02 E a distance of 40.64 to a point;
N 05 37' 31 E a distance of 521.62 to a point;
N 20 22' 27 E a distance of 95.14 to a point in the south
right-of-way line of F.M. 1863 for a northwest corner of the
herein described tract;
THENCE with the aforementioned south line of F.M. 1863 the
following 8 courses:
N 51 29' 50" E a distance of 175.09 to a point;
N 57 58' 53" E a distance of 136.67 to a point of curvature;
A distance of 596.10 feet with the arc of a curve to the right
having a radius of 3564.00 feet, a central angle of 9 34' 59",
and a chord that bears N 62 46' 23" E a distance of 595.41
feet to a point of tangency;
N 67 33' 52" E a distance of 335.48 to a point of curvature;
A distance of 562.48 feet with the arc of a curve to the right
having a radius of 1106.28 feet, a central angle of 29 07'
54", and a chord bearing N 82 07' 49" E a distance of 556.44
feet to a point of tangency;
S 83 18' 14" E a distance of 362.86 to a point;
S 86 38' 26" E a distance of 345.46 to a point;
N 89 51' 46" E a distance of 759.89 to a point for the
northeast corner of the herein described 2040 acre tract;
THENCE leaving the aforementioned south line of F.M. 1863 and
crossing the aforementioned 520.882 acre tract the following 5
courses:
S 04 10' 58" W a distance of 832.87 to a point of curvature;
A distance of 1011.26 feet with the arc of a curve to the left
having a radius of 1950 feet, a central angle of 29 42' 48",
and a chord bearing S 10 40' 26" E a distance of 999.97 feet
to a point of tangency;
S 25 31' 50" E a distance of 403.22 to a point of curvature;
A distance of 1319.83 feet with the arc of a curve to the
right having radius of 1840 feet, a central angle of 41 05'
54", and a chord bearing S 04 58' 53" E a distance of 1291.72
feet to a point of tangency;
S 15 34' 04" W a distance of 1199.41 to a point;
THENCE S 37 26' 09" E a distance of 1838.77 to a point for a corner
of the herein described 2040 acre tract;
THENCE along the north line of the aforementioned 3.068 acre tract
the following 4 courses:
N 52 30' 49" E a distance of 2294.03 to a point;
N 56 29' 27" E a distance of 253.16 to a point;
N 60 06' 52" E a distance of 1753.03 to a point;
N 23 59' 42" E a distance of 57.02 to a point in the southwest
line of Krueger Canyon Road for a corner of the herein
described 2040 acre tract;
THENCE leaving the north line of the aforementioned 3.068 acre
tract along the southwest line of Krueger Canyon Road the following
two courses:
S 42 27' 33" E a distance of 59.64 feet to a point;
S 56 34' 29" E a distance of 51.14 to a point for a corner of
the herein described 2040 acre tract;
THENCE leaving aforementioned southwest line of Krueger Canyon Road
along the southeast line of a 4.62 acre tract as described in Volume
795, Page 899, recorded in Comal County, Texas, the following three
courses:
S 60 08' 27" W a distance of 1964.80 to a point;
S 52 24' 31" W a distance of 2406.31 to a point;
S 73 01' 33" W a distance of 154.97 to a point;
THENCE leaving the southeast line of the aforementioned 4.62 acre
tract along the line of the herein described 2040 acre tract, S 56
25' 06" W a distance of 638.95 to a point for a corner of the herein
described 2040 acre tract;
THENCE along the southwest line of a of a 13.86 acre tract described
in Volume 795, Page 899, recorded in Comal County, Texas, the
following three courses:
S 31 15' 27" E a distance of 74.53 to a point;
S 41 39' 34" E a distance of 2866.81 to a point;
S 30 05' 38" E a distance of 3464.80 to a point for a corner of
the herein described 2040 acre tract;
THENCE leaving the southwest line of the aforementioned 13.86 acre
tract along the northeast line of the aforementioned 1441.153 acre
tract, being also a northeast line of the herein described tract,
the following ten courses:
S 58 40' 39" W a distance of 325.39 to a point for a
re-entrant corner of the herein described 2040 acre tract;
S 30 11' 33" E a distance of 1726.02 to a point;
S 30 44' 44" E a distance of 898.77 to a point;
S 30 15' 26" E a distance of 302.94 to a point;
S 30 57' 47" E a distance of 381.87 to a point;
S 29 33' 10" E a distance of 521.64 to a point;
S 29 58' 58" E a distance of 1068.26 to a point;
S 29 22' 09" E a distance of 598.91 to a point;
S 29 04' 59" E a distance of 520.93 to a point;
S 30 08' 30" E a distance of 668.29 to a point in the
northwest right-of-way line of the Union Pacific Railroad,
formerly the Missouri-Pacific Railroad, formerly the
International and Great Northern Railroad, for a corner of
the herein described 2040 acre tract;
THENCE leaving the aforementioned northeast line of the 1441.153
acre tract along the aforementioned northwest right-of-way line of
the Union Pacific Railroad, S 56 53' 04" W a distance of 1454.77
feet to a point;
THENCE leaving the aforementioned northwest right-of-way line of
the Union Pacific Railroad and crossing said right-of-way, S 28 08'
08" E a distance of 92.87 feet to a point in the southeast
right-of-way line of said Union Pacific Railroad;
THENCE leaving the aforementioned southeast right-of-way line of
Union Pacific Railroad along the northeast line of the
aforementioned 70.103 acre tract the following three courses:
S 29 29' 54" E a distance of 1394.17 feet to a point;
S 30 02' 49" E a distance of 844.61 feet to a point;
S 38 42' 20" E a distance of 242.41 feet to a point in the
northwest right-of-way line of F.M. 482;
THENCE leaving the aforementioned northwest right-of-way line F.M.
482 and crossing said road, S 41 35' 33" E a distance of 54.99 to a
point in the southeast right-of-way line of F.M. 482;
THENCE leaving the aforementioned southeast right-of-way line of
F.M. 482 along the northeast line of the aforementioned 16.715 acre
tract, S 35 44' 45" E a distance of 873.43 to a point in the
aforementioned northwest right-of-way line of the Union Pacific
Railroad for a corner of the herein described 2040 acre tract;
THENCE along the southeast line of the aforementioned 16.715 acre
tract, being the same as the aforementioned right-of-way line of
the Union Pacific Railroad, S 49 09' 42" W a distance of 882.41 to
the PLACE OF BEGINNING, and containing 2040 acres of land, more or
less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2463 passed the Senate on
May 5, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2463 passed the House on
May 25, 2009, by the following vote: Yeas 144, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor