By: Wentworth S.B. No. 2478
A BILL TO BE ENTITLED
AN ACT
relating to the Parklands Municipal Utility District No. 1;
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 F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8368 to read as follows:
CHAPTER 8368. PARKLANDS MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8368.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Parklands Municipal Utility
District No. 1.
Sec. 8368.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8368.003. 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. 8368.004. ELECTION DATES. Section 41.001(a), Election
Code, does not apply to an election to:
(1) confirm the district's creation;
(2) elect initial permanent directors; or
(3) approve a maintenance tax, bond, or contract.
Sec. 8368.005. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8368.003
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.
Sec. 8368.006. TERRITORY ADDED. (a) The territory
described by Section 2 of the Act creating this chapter is added to
the district's territory as of the effective date of this section.
(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 8368.007-8368.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8368.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8368.052, directors serve
staggered four-year terms.
Sec. 8368.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Benjamin B. Tolson;
(2) Jordan R. Smith;
(3) Shad Schmid;
(4) Ryan N. Stevens; and
(5) Janet Cobbel.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8368.003; 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 8368.003 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 8368.003; 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 Texas Commission on Environmental
Quality 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 8368.053-8368.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8368.101. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8368.102. 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,
including bridges, storm drainage, and other improvements or
appurtenances in aid of those roads.
Sec. 8368.103. 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 a municipality or county will maintain and operate
the road, the municipality or county must approve the plans and
specifications of the road project.
(d) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8368.104. 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 or assessments.
(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, including the power to divide in accordance
with this section.
(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:
(1) the territory of the district at the time the
district was created; or
(2) 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 according to the most recent
certified appraisal roll for each county in which the district is
located, 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
8368.003 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 8368.003.
(i) Any new district created by the division of the district
must hold an election as required by Chapters 49 and 54, Water Code,
and 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. 8368.105. 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 8368.102; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8368.106-8368.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8368.151. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of or interest on bonds issued under
Section 8368.201.
[Sections 8368.152-8368.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8368.201. BONDS FOR ROAD PROJECTS. (a) 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.
(b) 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 Parklands Municipal Utility District No. 1
includes all the territory contained in the following area in
addition to the district's territory immediately before the
effective date of this Act:
TRACT ONE LEGAL DESCRIPTION
DESCRIBING 928.19 ACRES OF LAND OUT OF THE CHRISTOPHER WALTER
SURVEY A-495, THE ARMAND WELCH SURVEY A-494 AND THE D.A. NANCE
SURVEY A-684, ALL IN HAYS COUNTY, TEXAS, SAME BEING A PORTION OF A
580.054 TRACT DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. 03024985
OF THE OFFICIAL PUBLIC RECORDS OF SAID HAYS COUNTY, A PORTION OF A
386.954 ACRE TRACT DESCRIBED IN A DEED RECORDED IN DOCUMENT NO.
9928116 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, AND ALL OF A
19.277 ACRE TRACT DESCRIBED IN A DEED RECORDED IN VOLUME 2283, PAGE
749 OF THE DEED RECORDS OF SAID COUNTY, SAID 928.19 ACRES BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at an iron pipe found at the most northerly corner
of said 386.954 acre tract, said iron pipe being in the south
right-of-way of Rohde Road also designated County Road 126;
Thence, with said south Right of Way line S4704'13"E for
650.80 feet;
Thence, with the northwest line of a 13.14 acre tract
described in a deed recorded in Volume 3200, Page 560 of the Deed
Records of said County, S4345'03"W, 603.68 feet to an iron rod set
at the southeast corner of that 1.40 acre tract of land described in
a deed to Hays CISD as recorded in Document Number 2008-80010641 of
the Deed Records of said County;
Thence, with the east, north and west lines of said 1.40 acre
tract, the following three (3) courses:
1) N1727'45"W, 378.15 feet to an iron rod set;
2) S4344'54"W, 184.28 feet to an iron rod set;
3) S1727'45"E, 378.14 feet to an iron rod set;
Thence, with the west, south and east lines of said 13.14 acre
tract, the following seven (7) courses:
1) S4345'03"W for 180.09 feet to an iron rod found;
2) S7237'43"E for 458.04 feet to an iron rod found at the
beginning of a horizontal curve the radius point of which bears
S1721'35"W, 349.70 feet;
3) Along said curve through a central angle of 2808'48" for
an arc distance of 171.79 feet and whose chord bears S 5834'01"E,
170.07 to an iron rod found;
4) S4432'12"E for 93.29 feet to an iron rod found at the
beginning of a horizontal curve, the radius point of which bears
N4531'27"E, 25.00 feet;
5) Along said curve through a central angle of 9010'44" for
an arc distance of 39.35 feet and whose chord bears S8933'55"E,
35.41 feet to a point;
6) N4528'02"E for 631.36 feet to a point;
7) N014'22"W for 119.68 feet to an iron rod found in the south
Right of Way of said Rohde Road;
Thence, with said south Right of Way S4713'16"E for 258.41
feet to an iron rod found at the most northerly corner of a 7.00 acre
tract described in a deed recorded in Document No. 9909010 of the
Official Public Records of said Hays County;
Thence, with the west, south and East lines of said 7.00 acres
the following three (3) courses:
1) S4251'06"W for 634.09 feet to an iron rod found;
2) S4712'07"E for 481.23 feet iron rod found;
3) N4253'17"E for 150.56 feet iron rod found at the most
easterly corner of a 1.55 acre tract described in a deed recorded in
Document No. 999006 of the Official Public records of said Hays
County;
Thence, with the south line of said 1.55 acres S4713'03"E for
410.16 feet to an iron rod found in the northwest line of a 66.38
acre tract described in a deed recorded in Volume 3200, Page 560 of
the deed records of said Hays County;
Thence, with the west and south lines of said 66.38 acres the
following twenty eight (28) courses:
1) S4239'26"W for 949.13 feet to a point;
2) S2718'12"W for 204.33 feet to a point at the beginning of
a horizontal curve the radius point of which bears S6241'43"E,
25.00 feet;
3) Along said curve through a central angle of 4812'31" for
an arc distance of 21.04 feet and whose chord bears S0312'01"W,
20.42 feet to a point;
4) S2054'11"E for 56.97 feet to a point at the beginning of a
horizontal curve the radius point of which bears S6905'52"W, 175.00
feet;
5) Along said curve through a central angle of 3126'39" for
an arc distance of 96.04 feet and whose chord bears S0510'49"E,
94.84 feet to a point;
6) S1032'33"W for 81.44 feet to a point at the beginning of a
horizontal curve the radius point of which bears S7916'04"E, 25.00
feet;
7) Along said curve through a central angle of 8725'07" for
an arc distance of 38.14 feet and whose chord bears S3258'38"E,
34.55 feet to a point at the beginning of a horizontal curve the
radius point of which bears S1308'42"W, 1625.00 feet;
8) Along said curve through a central angle of 116'38", for
an arc distance of 36.22 feet and whose chord bears S7612'59"E,
36.22 feet to a point at the beginning of a horizontal curve the
radius point of which bears S1425'20"W, 1625.00 feet;
9) Along said curve through a central angle of 034'28" for an
arc distance of 16.29 feet and whose chord bears S7517'26"E, 16.29
feet to a point at the beginning of a horizontal curve the radius
point of which bears S1459'49"W, 1625.00 feet;
10) Along said curve through a central angle of 217'53" for
an arc distance of 65.17 feet and whose chord bears S7351'15"E,
65.17 feet to a point at the beginning of a horizontal curve the
radius point of which bears S1717'42"W, 125.00 feet;
11) Along said curve through a central angle of 3454'20" for
an arc distance of 76.15 feet and whose chord bears S5515'08"E,
74.98 feet to a point;
12) Thence, S3747'57"E for 508.31 feet to a point at the
beginning of a horizontal curve the radius point of which bears
S5212'04"W, 125.00 feet;
13) Along said curve through a central angle of 4701'35" for
an arc distance of 102.60 feet and whose chord bears S1417'09"E,
99.74 feet to a point;
14) Thence, S913'39"W for 168.56 feet;
15) Thence, S1050'01"W for 38.35 feet;
16) Thence, S7248'50"E for 245.61 feet;
17) Thence, N4629'55"E for 53.98 feet to a point at the
beginning of a horizontal curve the radius point of which bears
S4329'58"E, 50.00 feet;
18) Along said curve through a central angle of 438'32" for
an arc distance of 4.05 feet and whose chord bears N4849'18"E, 4.05
feet to a point;
19) Thence, N5108'41"E for 78.97 feet;
20) Thence, N5831'09"E for 47.60 feet;
21) Thence, N6358'34"E for 47.60 feet;
22) Thence, N6925'59"E for 47.60 feet;
23) Thence, N7746'06"E for 497.54 feet;
24) Thence, N7638'06"E for 378.51 feet;
25) Thence, N7513'11"E for 338.23 feet;
26) Thence, N6706'40"E for 247.43 feet;
27) Thence, N6206'40"E for 392.14 feet;
28) Thence, N4332'30"E for 48.17 feet to a point in the south
right of way line of said Rohde Road;
Thence, with said south line the following two (2) courses:
1) S4627'51"E for 438.63 feet to a PK nail found in a fence
post;
2) S4627'39"E for 1013.76 feet to an iron rod found at the
most easterly corner of said 580.054 acres and the herein described
tract;
Thence, with the east line of said 544.054 acres and the west
line of El Camino Real, an abandoned roadway, the following seven
(7) courses:
1) S5704'23"W for 287.92 feet to a PK nail found in a fence
post;
2) S6050'45"W for 981.92 feet to a PK nail found in a fence
post;
3) S5433'21"W for 157.41 feet to a point;
4) S4743'22"W for 192.44 feet to a PK nail found in a fence
post;
5) S4044'33"W for 1462.10 feet to a point;
6) S5212'31"W for 534.37 feet to a PK nail found in a fence
post;
7) S5512'15"W for 99.88 feet to a point at the most easterly
corner of said 19.277 acres;
Thence, with the east line of said 19.277 acres and said west
line of El Camino Real S5538'03"W for 465.78 feet to a point;
Thence, with the east line of said 19.277 acres S5415'22"W
for 237.09 feet to a point
Thence, with the south line of said 19.277 acres and in part
with the north line of lot 2, El Camino Real Estates, a subdivision
recorded in Book 7, Page 269 of the Plat Records of said Hays
County, and in part with the north line of a 9.970 acre tract
described in a deed recorded in Volume 1085, Page 547 and Volume
1891, Page 409 of the deed records of said county, N4640'09"W for
742.06 feet to an iron rod found;
Thence, with the west line of said 9.970 acres S4244'50"W for
1148.63 feet to the most easterly point of a 33.57 acre tract
described in a deed as recorded in Volume 3200, Page 560 of the deed
records of said county;
Thence, with the north, west and south lines of said 33.57
acres the following seventeen (17) courses:
1) N4718'18"W for 270.18 feet to a point;
2) N3251'01"W for 187.92 feet to a point;
3) N3724'25"W for 530.74 feet to a point;
4) N3726'57"W for 80.18 feet to a point;
5) N4036'02"W for 217.24 feet to a point;
6) N4052'21"W for 33.16 feet to a point;
7) N4952'50"W for 143.73 feet to a point;
8) S6843'00"W for 39.67 feet to a point;
9) S2819'23"W for 208.89 feet to a point at the beginning of
a horizontal curve the radius point of which bears N6243'46"W, and
2681.32 feet
10) Along said curve through a central angle of 325'40" for
an arc distance of 160.41 feet and whose chord bears S2859'04"W,
160.39 feet to a point;
11) S3313'37"W for 53.33 feet to a point at the beginning of
a horizontal curve the radius point of which bears N5517'48"W, and
1035.00 feet;
12) Along said curve through a central angle of 550'56" for
an arc distance of 105.66 feet and whose chord bears S3737'40"W,
105.61 feet to a point;
14) S4238'02"W for 678.96 feet to a point;
15) S4718'18"E for 430.00 feet to a point;
16) N4241'42"E for 120.00 feet;
17) S4718'18"E for 924.14 feet to a point in the east line of
said 580.054 acres and in the west line of said 9.970 acres;
Thence, with the west line of said 9.970 acres S4244'50"W for
170.99 feet to a PK nail found in a fence post at the most northerly
corner of an 80.36 acre tract described in a deed recorded in Volume
294, Page 349 of the deed records of said county;
Thence, with the west line of said 80.36 acres S4248'37"W for
2017.58 feet to a nail found in a fence post in the south line of
said 580.054 acre tract;
Thence, in part with the north line of a 222.099 acre tract
described in a deed recorded in Volume 2084, Page 707 of the deed
records of said county, N4659'17"W for 898.75 feet to a point and
N4800'54"W for 496.20 feet to a concrete monument found at the most
easterly corner of a 203 acre tract described in a deed recorded in
Volume 1703, Page 587 of the deed records of said County;
Thence, continuing with the north line of said 203 acres and
the north line of a 80 acre tract described in a deed recorded in
Volume 1679, Page 405 of the deed records of said County,
N4604'15"W for 1036.80 feet to an iron rod found and N5104'03"W for
1743.37 feet to a fence post and N4729'18"W for 686.69 feet to an
iron pipe found in an east line of an 811.315 acre tract of land
described in a deed recorded in Document No. 9917880 of the Official
Public Records of said Hays county;
Thence, with the east line of said 811.315 acres N4248'24"E
for 1993.62 feet to an iron rod found and N4222'36"E for 1641.39
feet to a fence post at the most southerly corner of a 368.2 acre
tract described in a deed recorded in volume 239, Page587 of the
deed records of said county;
Thence, with the east line of said 368.2 acre tract and an
east line of a 130 acre tract described in a deed recorded in Volume
849, Page 728 of the deed records of said County, N4256'47"E for
5116.97 feet to the Point of Beginning containing 928.19 ACRES OF
LAND within these metes and bounds;
TRACT TWO LEGAL DESCRIPTION
DESCRIBING A TRACT OF LAND CONTAINING 257.66 ACRES, BEING A
PORTION OF THE ARMAND WELCH SURVEY A-494, I. & G.N. RAILROAD CO.
SURVEY A-577, JAMES M. W. HALL SURVEY A-227 AND THE SAMUEL LITTLE
SURVEY A-286, HAYS COUNTY, TEXAS ALSO BEING A PORTION OF THAT
CERTAIN 811.315 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO
RICK ANDERSON, PAUL SCHAEFER, AND SUSAN G. SNOW EXECUTED ON JULY 15,
1999 AND RECORDED IN DOCUMENT NUMBER 9917880 OF THE OFFICIAL PUBLIC
RECORDS OF THE SAID COUNTY, SAID 257.66 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a fence corner post found for the most easterly
corner of said 811.315 acre tract, said fence corner being in a
northwest line of that certain 386.954 acre tract described in a
deed to Rohde Lane Group, Ltd. as recorded in Document #9928116 of
the said Official Public Records;
THENCE, along the northwesterly line of the said 386.954 acre
tract, S 42 22' 29" W a distance of 1641.37 feet to a fence post and
S 42 48' 54" W a distance of 1994.15 feet to an iron pipe found in
the northeast line of that certain 80 acre tract described in a deed
to Jackie Ray Schawe and Vickie Sue Schawe as recorded in Volume
1679 Page 405 of the said Official Public Records;
THENCE with the said line of the Schawe tract, N 46 57' 53" W
a distance of 1004.59 feet to a fence post found and N 46 57' 20" W a
distance of 427.28 feet to a fence post found at end of the
southeast line of County Road 128;
THENCE, along said County Road 128, the following four (4)
courses:
1. N 50 19' 02" W a distance of 51.68 feet to a fence
post found;
2. S 47 54' 28" W a distance of 31.84 feet to a fence
post found;
3. S 47 53' 50" E a distance of 9.76 feet to a fence
corner post on the northwesterly R.O.W. line of County road 128 as
fenced;
4. S 42 42' 50" W, 2285.24 feet to a point;
THENCE, through the interior of said 811.315 acre tract, the
following twenty-two (22) courses:
1. N0247'53"W, 308.38 feet to a point;
2. Along a curve to the left having a radius of 60.00
feet, central angle of 12803'31" and chord bearing of N1051'05"E
and chord distance of 107.88 feet to a point;
3. Along a curve to the left with a radius of 430.00
feet, central angle of 0928'22" and chord bearing of N5754'52"W and
chord distance of 71.01 feet to a point;
4. N1845'59"E, a distance of 170.57 feet to a point;
5. N0002'43"E, a distance of 204.98 feet to a point;
6. Along a curve to the left with a radius of 60.00
feet, central angle of 7155'00" and chord bearing of N0340'47"E and
chord distance of 70.46 feet to a point;
7. N1046'26"E, a distance of 191.38 feet to a point;
8. N0937'08"E, a distance of 200.23 feet to a point;
9. N1541'31"E, a distance of 195.32 feet to a point;
10. N1827'06"E, a distance of 148.65 feet to a point;
11. N1939'00"E, a distance of 162.54 feet to a point;
12. Along a curve to the right with a radius of 450.00
feet, central angle of 0501'44" and chord bearing of S8419'28"W and
chord distance of 39.48 feet to a point;
13. Along a curve to the left with a radius of 60.00
feet, central angle of 9424'42" and chord bearing of N3937'59"E and
chord distance of 88.06 feet to a point;
14. N3124'45"E, a distance of 150.73 feet to a point;
15. N2930'29"E, a distance of 173.50 feet to a point;
16. N3225'50"E, a distance of 262.06 feet to a point;
17. Along a curve to the left with a radius of 60.00
feet, central angle of 9758'52" and chord bearing of N3023'59"E and
chord distance of 90.55 feet to a point;
18. N4255'24"E, a distance of 149.43 feet to a point;
19. N4326'00"E, a distance of 1593.30 feet to a point;
20. N4255'23"E, a distance of 983.76 feet to a point;
21. N4233'11"E, a distance of 639.21 feet to a point;
22. N4233'53"E, a distance of 329.50 feet to a point in
the southwest line of that 125.52 acre tract described in a deed to
Thaddeus Charles McCormick III as recorded in Volume 748 Page 143 of
the Deed Records of said County;
THENCE S 48 43' 36" E a distance of 164.64 feet to a fence
post found and S 53 32' 50" E a distance of 22.34 feet to a fence
post found at the southerly corner of said McCormick Tract;
THENCE S 41 51' 32" W a distance of 113.47 feet to a fence
post found at the westerly corner of that certain 368.2 acre tract
described in a Deed to Flora Nickel as recorded in Volume 239, Page
587 of the said Official Public Records;
THENCE along the southwesterly line of said Nickel tract, the
following three (3) courses:
1. S 52 10' 20" E a distance of 1445.87 feet to a fence
post found;
2. S 51 28' 34" E a distance of 987.00 feet to a fence
post found;
3. S 40 11' 03" E a distance of 25.20 feet to the POINT
OF BEGINNING and containing 257.66 acres of land.
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.