Texas 2011 - 82nd Regular

Texas House Bill HB2296 Compare Versions

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1	1	By: Ritter (Senate Sponsor - Huffman) H.B. No. 2296
2	2	(In the Senate - Received from the House April 18, 2011;
3	3	April 26, 2011, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 19, 2011, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 19, 2011, sent to
6	6	printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of Jefferson County Management District
12	12	No. 1; providing authority to impose an assessment, impose a tax,
13	13	and issue bonds.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle C, Title 4, Special District Local Laws
16	16	Code, is amended by adding Chapter 3864 to read as follows:
17	17	CHAPTER 3864. JEFFERSON COUNTY MANAGEMENT DISTRICT NO. 1
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 3864.001. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "City" means the City of Port Arthur.
22	22	(3) "County" means Jefferson County.
23	23	(4) "Director" means a board member.
24	24	(5) "District" means the Jefferson County Management
25	25	District No. 1.
26	26	Sec. 3864.002. NATURE OF DISTRICT. The Jefferson County
27	27	Management District No. 1 is a special district created under
28	28	Section 59, Article XVI, Texas Constitution.
29	29	Sec. 3864.003. PURPOSE; DECLARATION OF INTENT. (a) The
30	30	creation of the district is essential to accomplish the purposes of
31	31	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
32	32	Texas Constitution, and other public purposes stated in this
33	33	chapter. By creating the district and in authorizing the city, the
34	34	county, and other political subdivisions to contract with the
35	35	district, the legislature has established a program to accomplish
36	36	the public purposes set out in Section 52-a, Article III, Texas
37	37	Constitution.
38	38	(b) The creation of the district is necessary to promote,
39	39	develop, encourage, and maintain employment, commerce,
40	40	transportation, housing, tourism, recreation, the arts,
41	41	entertainment, economic development, safety, and the public
42	42	welfare in the district.
43	43	(c) This chapter and the creation of the district may not be
44	44	interpreted to relieve the city or the county from providing the
45	45	level of services provided as of the effective date of the Act
46	46	enacting this chapter to the area in the district. The district is
47	47	created to supplement and not to supplant city or county services
48	48	provided in the district.
49	49	Sec. 3864.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
50	50	The district is created to serve a public use and benefit.
51	51	(b) All land and other property included in the district
52	52	will benefit from the improvements and services to be provided by
53	53	the district under powers conferred by Sections 52 and 52-a,
54	54	Article III, and Section 59, Article XVI, Texas Constitution, and
55	55	other powers granted under this chapter.
56	56	(c) The creation of the district is in the public interest
57	57	and is essential to further the public purposes of:
58	58	(1) developing and diversifying the economy of the
59	59	state;
60	60	(2) eliminating unemployment and underemployment; and
61	61	(3) developing or expanding transportation and
62	62	commerce.
63	63	(d) The district will:
64	64	(1) promote the health, safety, and general welfare of
65	65	residents, employers, potential employees, employees, visitors,
66	66	and consumers in the district, and of the public;
67	67	(2) provide needed funding for the district to
68	68	preserve, maintain, and enhance the economic health and vitality of
69	69	the district territory as a community and business center;
70	70	(3) promote the health, safety, welfare, and enjoyment
71	71	of the public by providing pedestrian ways and by landscaping and
72	72	developing certain areas in the district, which are necessary for
73	73	the restoration, preservation, and enhancement of scenic beauty;
74	74	(4) provide for road, rail, and recreational
75	75	facilities for the district; and
76	76	(5) provide for water facilities, wastewater
77	77	facilities, drainage facilities, canals, waterways, bulkheads,
78	78	docks, and other similar improvements or facilities for the
79	79	district.
80	80	(e) Pedestrian ways along or across a street, whether at
81	81	grade or above or below the surface, and street lighting, street
82	82	landscaping, parking, and street art objects are parts of and
83	83	necessary components of a street and are considered to be a street
84	84	or road improvement.
85	85	(f) The district will not act as the agent or
86	86	instrumentality of any private interest even though the district
87	87	will benefit many private interests as well as the public.
88	88	(g) Rail facilities and improvements are:
89	89	(1) necessary and convenient for the use and
90	90	implementation of the district's navigation facilities and
91	91	improvements;
92	92	(2) necessary components of and are considered to be a
93	93	navigation facility and improvement; and
94	94	(3) necessary and convenient for the development and
95	95	expansion of transportation in this state.
96	96	Sec. 3864.005. INITIAL DISTRICT TERRITORY. (a) The
97	97	district is initially composed of the territory described by
98	98	Section 2 of the Act enacting this chapter.
99	99	(b) The boundaries and field notes contained in Section 2 of
100	100	the Act enacting this chapter form a closure. A mistake in the
101	101	field notes or in copying the field notes in the legislative process
102	102	does not affect the district's:
103	103	(1) organization, existence, or validity;
104	104	(2) right to issue any type of bond for the purposes
105	105	for which the district is created or to pay the principal of and
106	106	interest on a bond;
107	107	(3) right to impose or collect an assessment or tax; or
108	108	(4) legality or operation.
109	109	Sec. 3864.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
110	110	All or any part of the area of the district is eligible to be
111	111	included in:
112	112	(1) a tax increment reinvestment zone created under
113	113	Chapter 311, Tax Code;
114	114	(2) a tax abatement reinvestment zone created under
115	115	Chapter 312, Tax Code;
116	116	(3) an enterprise zone created under Chapter 2303,
117	117	Government Code; or
118	118	(4) an industrial district created under Chapter 42,
119	119	Local Government Code.
120	120	Sec. 3864.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
121	121	DISTRICTS LAW. Except as otherwise provided by this chapter,
122	122	Chapter 375, Local Government Code, applies to the district.
123	123	Sec. 3864.008. CONSTRUCTION OF CHAPTER. This chapter shall
124	124	be liberally construed in conformity with the findings and purposes
125	125	stated in this chapter.
126	126	[Sections 3864.009-3864.050 reserved for expansion]
127	127	SUBCHAPTER B. BOARD OF DIRECTORS
128	128	Sec. 3864.051. GOVERNING BODY; TERMS. (a) The district is
129	129	governed by a board of five voting directors who serve staggered
130	130	terms of four years, with two or three directors' terms expiring
131	131	June 1 of each odd-numbered year.
132	132	(b) The board by resolution may change the number of voting
133	133	directors on the board if the board determines that the change is in
134	134	the best interest of the district. The board may not consist of
135	135	fewer than 5 or more than 15 voting directors.
136	136	Sec. 3864.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
137	137	Commission on Environmental Quality shall appoint voting directors
138	138	from persons recommended by the board.
139	139	Sec. 3864.0525. INITIAL VOTING DIRECTORS. (a) On or after
140	140	the effective date of the Act creating this chapter, the owner or
141	141	owners of a majority of the assessed value of the real property in
142	142	the district according to the most recent certified tax appraisal
143	143	roll for the county may submit a petition to the Texas Commission on
144	144	Environmental Quality requesting that the commission appoint as
145	145	initial voting directors the five persons named in the petition.
146	146	The commission shall appoint the five persons named in the petition
147	147	as initial directors by position.
148	148	(b) Of the initial directors, the terms of directors
149	149	appointed for positions one through three expire June 1, 2013, and
150	150	the terms of directors appointed for positions four and five expire
151	151	June 1, 2015.
152	152	(c) Section 3864.052 does not apply to appointment of
153	153	directors under this section.
154	154	(d) This section expires September 1, 2016.
155	155	Sec. 3864.053. NONVOTING DIRECTORS. The board may appoint
156	156	nonvoting directors to serve at the pleasure of the voting
157	157	directors.
158	158	Sec. 3864.054. QUORUM. For purposes of determining the
159	159	requirements for a quorum of the board, the following are not
160	160	counted:
161	161	(1) a board position vacant for any reason, including
162	162	death, resignation, or disqualification;
163	163	(2) a director who is abstaining from participation in
164	164	a vote because of a conflict of interest; or
165	165	(3) a nonvoting director.
166	166	Sec. 3864.055. COMPENSATION. A director is entitled to
167	167	receive fees of office and reimbursement for actual expenses as
168	168	provided by Section 49.060, Water Code. Sections 375.069 and
169	169	375.070, Local Government Code, do not apply to the board.
170	170	[Sections 3864.056-3864.100 reserved for expansion]
171	171	SUBCHAPTER C. POWERS AND DUTIES
172	172	Sec. 3864.101. GENERAL POWERS AND DUTIES. The district has
173	173	the powers and duties necessary to accomplish the purposes for
174	174	which the district is created.
175	175	Sec. 3864.102. IMPROVEMENT PROJECTS AND SERVICES. The
176	176	district may provide, design, construct, acquire, improve,
177	177	relocate, operate, maintain, or finance an improvement project or
178	178	service using money available to the district, or contract with a
179	179	governmental or private entity to provide, design, construct,
180	180	acquire, improve, relocate, operate, maintain, or finance an
181	181	improvement project or service authorized under this chapter or
182	182	Chapter 375, Local Government Code.
183	183	Sec. 3864.103. DEVELOPMENT CORPORATION POWERS. The
184	184	district, using money available to the district, may exercise the
185	185	powers given to a development corporation under Chapter 505, Local
186	186	Government Code, including the power to own, operate, acquire,
187	187	construct, lease, improve, or maintain a project under that
188	188	chapter.
189	189	Sec. 3864.104. NONPROFIT CORPORATION. (a) The board by
190	190	resolution may authorize the creation of a nonprofit corporation to
191	191	assist and act for the district in implementing a project or
192	192	providing a service authorized by this chapter.
193	193	(b) The nonprofit corporation:
194	194	(1) has each power of and is considered to be a local
195	195	government corporation created under Subchapter D, Chapter 431,
196	196	Transportation Code; and
197	197	(2) may implement any project and provide any service
198	198	authorized by this chapter.
199	199	(c) The board shall appoint the board of directors of the
200	200	nonprofit corporation. The board of directors of the nonprofit
201	201	corporation shall serve in the same manner as the board of directors
202	202	of a local government corporation created under Subchapter D,
203	203	Chapter 431, Transportation Code, except that a board member is not
204	204	required to reside in the district.
205	205	Sec. 3864.105. AGREEMENTS; GRANTS. (a) As provided by
206	206	Chapter 375, Local Government Code, the district may make an
207	207	agreement with or accept a gift, grant, or loan from any person.
208	208	(b) The implementation of a project is a governmental
209	209	function or service for the purposes of Chapter 791, Government
210	210	Code.
211	211	Sec. 3864.106. LAW ENFORCEMENT SERVICES. To protect the
212	212	public interest, the district may contract with a qualified party,
213	213	including the county or the city, to provide law enforcement
214	214	services in the district for a fee.
215	215	Sec. 3864.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
216	216	district may join and pay dues to a charitable or nonprofit
217	217	organization that performs a service or provides an activity
218	218	consistent with the furtherance of a district purpose.
219	219	Sec. 3864.108. ECONOMIC DEVELOPMENT. (a) The district may
220	220	engage in activities that accomplish the economic development
221	221	purposes of the district.
222	222	(b) The district may establish and provide for the
223	223	administration of one or more programs to promote state or local
224	224	economic development and to stimulate business and commercial
225	225	activity in the district, including programs to:
226	226	(1) make loans and grants of public money; and
227	227	(2) provide district personnel and services.
228	228	(c) The district may create economic development programs
229	229	and exercise the economic development powers provided to
230	230	municipalities by:
231	231	(1) Chapter 380, Local Government Code; and
232	232	(2) Subchapter A, Chapter 1509, Government Code.
233	233	Sec. 3864.109. PARKING FACILITIES. (a) The district may
234	234	acquire, lease as lessor or lessee, construct, develop, own,
235	235	operate, and maintain parking facilities or a system of parking
236	236	facilities, including lots, garages, parking terminals, or other
237	237	structures or accommodations for parking motor vehicles off the
238	238	streets and related appurtenances.
239	239	(b) The district's parking facilities serve the public
240	240	purposes of the district and are owned, used, and held for a public
241	241	purpose even if leased or operated by a private entity for a term of
242	242	years.
243	243	(c) The district's parking facilities are parts of and
244	244	necessary components of a street and are considered to be a street
245	245	or road improvement.
246	246	(d) The development and operation of the district's parking
247	247	facilities may be considered an economic development program.
248	248	Sec. 3864.110. ANNEXATION OR EXCLUSION OF LAND. (a) The
249	249	district may annex land as provided by Subchapter J, Chapter 49,
250	250	Water Code.
251	251	(b) The district may exclude land as provided by Subchapter
252	252	J, Chapter 49, Water Code. Section 375.044(b), Local Government
253	253	Code, does not apply to the district.
254	254	Sec. 3864.111. NAVIGATION DISTRICT POWERS. (a) The
255	255	district has the powers provided by the general law of this state
256	256	applicable to navigation districts created under Section 59,
257	257	Article XVI, Texas Constitution, including Chapters 60 and 62,
258	258	Water Code.
259	259	(b) The district may purchase, construct, acquire, own,
260	260	operate, maintain, improve, or extend, inside and outside the
261	261	district, a canal, waterway, bulkhead, dock, or other improvement
262	262	or facility necessary or convenient to accomplish the navigation
263	263	purposes of the district.
264	264	Sec. 3864.112. STRATEGIC PARTNERSHIP AGREEMENT. The
265	265	district may negotiate and enter into a written strategic
266	266	partnership under Section 43.0751, Local Government Code, with a
267	267	municipality in whose extraterritorial jurisdiction the district
268	268	is located.
269	269	Sec. 3864.113. RAIL FACILITIES. The district may
270	270	construct, acquire, improve, maintain, finance, and operate rail
271	271	facilities and improvements in aid of those facilities.
272	272	Sec. 3864.114. NO EMINENT DOMAIN POWER. The district may
273	273	not exercise the power of eminent domain.
274	274	[Sections 3864.115-3864.150 reserved for expansion]
275	275	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
276	276	Sec. 3864.151. TAX AND ASSESSMENT ABATEMENTS. The district
277	277	may designate reinvestment zones and may grant abatements of a tax
278	278	or assessment on property in the zones.
279	279	Sec. 3864.152. DISBURSEMENTS AND TRANSFERS OF MONEY. The
280	280	board by resolution shall establish the number of directors'
281	281	signatures and the procedure required for a disbursement or
282	282	transfer of district money.
283	283	Sec. 3864.153. MONEY USED FOR IMPROVEMENTS OR SERVICES.
284	284	The district may acquire, construct, finance, operate, or maintain
285	285	any improvement or service authorized under this chapter or Chapter
286	286	375, Local Government Code, using any money available to the
287	287	district.
288	288	Sec. 3864.154. PETITION REQUIRED FOR FINANCING SERVICES AND
289	289	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
290	290	service or improvement project with assessments under this chapter
291	291	unless a written petition requesting that service or improvement
292	292	has been filed with the board.
293	293	(b) A petition filed under Subsection (a) must be signed by
294	294	the owners of a majority of the assessed value of real property in
295	295	the district subject to assessment according to the most recent
296	296	certified tax appraisal roll for the county.
297	297	Sec. 3864.155. METHOD OF NOTICE FOR HEARING. The district
298	298	may mail the notice required by Section 375.115(c), Local
299	299	Government Code, by certified or first class United States mail.
300	300	The board shall determine the method of notice.
301	301	Sec. 3864.156. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
302	302	The board by resolution may impose and collect an assessment for any
303	303	purpose authorized by this chapter in all or any part of the
304	304	district.
305	305	(b) An assessment, a reassessment, or an assessment
306	306	resulting from an addition to or correction of the assessment roll
307	307	by the district, penalties and interest on an assessment or
308	308	reassessment, an expense of collection, and reasonable attorney's
309	309	fees incurred by the district:
310	310	(1) are a first and prior lien against the property
311	311	assessed;
312	312	(2) are superior to any other lien or claim other than
313	313	a lien or claim for county, school district, or municipal ad valorem
314	314	taxes; and
315	315	(3) are the personal liability of and a charge against
316	316	the owners of the property even if the owners are not named in the
317	317	assessment proceedings.
318	318	(c) The lien is effective from the date of the board's
319	319	resolution imposing the assessment until the date the assessment is
320	320	paid. The board may enforce the lien in the same manner that the
321	321	board may enforce an ad valorem tax lien against real property.
322	322	(d) The board may make a correction to or deletion from the
323	323	assessment roll that does not increase the amount of assessment of
324	324	any parcel of land without providing notice and holding a hearing in
325	325	the manner required for additional assessments.
326	326	Sec. 3864.157. RESIDENTIAL PROPERTY NOT EXEMPT. Section
327	327	375.161, Local Government Code, does not apply to a tax approved by
328	328	the voters of the district or a required payment for a service
329	329	provided by the district, including water and sewer services.
330	330	Sec. 3864.158. COMPETITIVE BIDDING. Subchapter I, Chapter
331	331	49, Water Code, applies to the district. Sections 375.221 and
332	332	375.223, Local Government Code, do not apply to the district.
333	333	[Sections 3864.159-3864.200 reserved for expansion]
334	334	SUBCHAPTER E. TAXES AND BONDS
335	335	Sec. 3864.201. ELECTIONS REGARDING TAXES AND BONDS. (a)
336	336	The district may issue, without an election, bonds, notes, and
337	337	other obligations secured by:
338	338	(1) revenue other than ad valorem taxes; or
339	339	(2) contract payments described by Section 3864.203.
340	340	(b) The district must hold an election in the manner
341	341	provided by Subchapter L, Chapter 375, Local Government Code, to
342	342	obtain voter approval before the district may impose an ad valorem
343	343	tax or issue bonds payable from ad valorem taxes.
344	344	(c) Section 375.243, Local Government Code, does not apply
345	345	to the district.
346	346	(d) All or any part of any facilities or improvements that
347	347	may be acquired by a district by the issuance of its bonds may be
348	348	submitted as a single proposition or as several propositions to be
349	349	voted on at the election.
350	350	Sec. 3864.202. OPERATION AND MAINTENANCE TAX. (a) If
351	351	authorized by a majority of the district voters voting at an
352	352	election held in accordance with Section 3864.201, the district may
353	353	impose an operation and maintenance tax on taxable property in the
354	354	district in accordance with Section 49.107, Water Code, for any
355	355	district purpose, including to:
356	356	(1) maintain and operate the district;
357	357	(2) construct or acquire improvements; or
358	358	(3) provide a service.
359	359	(b) The board shall determine the tax rate. The rate may not
360	360	exceed the rate approved at the election.
361	361	Sec. 3864.203. CONTRACT TAXES. (a) In accordance with
362	362	Section 49.108, Water Code, the district may impose a tax other than
363	363	an operation and maintenance tax and use the revenue derived from
364	364	the tax to make payments under a contract after the provisions of
365	365	the contract have been approved by a majority of the district voters
366	366	voting at an election held for that purpose.
367	367	(b) A contract approved by the district voters may contain a
368	368	provision stating that the contract may be modified or amended by
369	369	the board without further voter approval.
370	370	Sec. 3864.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
371	371	AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
372	372	determined by the board. Section 375.205, Local Government Code,
373	373	does not apply to a loan, line of credit, or other borrowing from a
374	374	bank or financial institution secured by revenue other than ad
375	375	valorem taxes.
376	376	(b) The district may issue bonds, notes, or other
377	377	obligations payable wholly or partly from ad valorem taxes,
378	378	assessments, impact fees, revenue, contract payments, grants, or
379	379	other district money, or any combination of those sources of money,
380	380	to pay for any authorized district purpose.
381	381	Sec. 3864.205. TAXES FOR BONDS. At the time the district
382	382	issues bonds payable wholly or partly from ad valorem taxes, the
383	383	board shall provide for the annual imposition of a continuing
384	384	direct annual ad valorem tax, without limit as to rate or amount,
385	385	for each year that all or part of the bonds are outstanding as
386	386	required and in the manner provided by Sections 54.601 and 54.602,
387	387	Water Code.
388	388	Sec. 3864.206. TAXES FOR RAIL FACILITIES AND IMPROVEMENTS.
389	389	Under Sections 52 and 52-a, Article III, and Section 59, Article
390	390	XVI, Texas Constitution, the district may impose taxes in
391	391	accordance with this subchapter for the construction and
392	392	maintenance of rail facilities and improvements.
393	393	[Sections 3864.207-3864.250 reserved for expansion]
394	394	SUBCHAPTER F. DEFINED AREAS
395	395	Sec. 3864.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
396	396	DESIGNATED PROPERTY. The district may define areas or designate
397	397	certain property of the district to pay for improvements,
398	398	facilities, or services that primarily benefit that area or
399	399	property and do not generally and directly benefit the district as a
400	400	whole.
401	401	Sec. 3864.252. PROCEDURE FOR ELECTION. (a) Before the
402	402	district may impose an ad valorem tax or issue bonds payable from ad
403	403	valorem taxes of the area defined or property designated under
404	404	Section 3864.251, the board shall call and hold an election in the
405	405	defined area or within the boundaries of the designated property
406	406	only.
407	407	(b) The board may submit the proposition to the voters on
408	408	the same ballot to be used in another election.
409	409	Sec. 3864.253. DECLARING RESULT AND ISSUING ORDER. (a) If
410	410	a majority of the voters voting at the election approve the
411	411	proposition or propositions, the board shall declare the results
412	412	and, by order, shall establish the defined area and describe it by
413	413	metes and bounds or designate the specific property.
414	414	(b) The board's order is not subject to judicial review
415	415	except on the ground of fraud, palpable error, or arbitrary and
416	416	confiscatory abuse of discretion.
417	417	Sec. 3864.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
418	418	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
419	419	approval and adoption of the order described by Section 3864.253,
420	420	the district may apply separately, differently, equitably, and
421	421	specifically its taxing power and lien authority to the defined
422	422	area or designated property to provide money to construct,
423	423	administer, maintain, and operate services, improvements, and
424	424	facilities that primarily benefit the defined area or designated
425	425	property.
426	426	Sec. 3864.255. ISSUANCE OF BONDS FOR DEFINED AREAS OR
427	427	DESIGNATED PROPERTY. After the order under Section 3864.253 is
428	428	adopted, the district may issue bonds to provide for any land,
429	429	improvements, facilities, plants, equipment, and appliances for
430	430	the defined area or designated property.
431	431	[Sections 3864.256-3864.300 reserved for expansion]
432	432	SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION
433	433	Sec. 3864.301. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The
434	434	district is a "water or sewer district" under Section 43.071, Local
435	435	Government Code.
436	436	(b) Section 43.075, Local Government Code, applies to the
437	437	district.
438	438	(c) Section 375.264, Local Government Code, does not apply
439	439	to the dissolution of the district by a municipality.
440	440	SECTION 2. Jefferson County Management District No. 1
441	441	initially includes all territory contained in the following area:
442	442	A 1,116.39 acre (48,630,066 square feet) tract of land In the
443	443	T & NO Railroad Survey, Section 276, Abstract 414, the T & NO
444	444	Railroad Survey, Section 275, Abstract 316, the BBB & C Railroad Co.
445	445	Survey, Section 390, Abstract 93, the W. Kyle Survey, Abstract 414,
446	446	the William H. Voris Survey, Abstract 382, and the R. A. Greer
447	447	Survey, Abstract 666, Port Arthur, Jefferson County, Texas, and
448	448	being comprised of a called 1101.94 acre tract of land (called
449	449	Parcel 1) conveyed to Equistar Chemicals, LP and described in a deed
450	450	to National Distillers and Chemical Corporation, as recorded under
451	451	Jefferson County Clerk's File Number 8403467, a called 2.02 acre
452	452	tract of land (called Parcel N) described in a deed to National
453	453	Distillers and Chemical Corporation, as recorded under Jefferson
454	454	County Clerk's File Number 8403467, and a called 9.49 acre tract of
455	455	land described in a deed to National Distillers and Chemical
456	456	Corporation, as recorded under Jefferson County Clerk's File Number
457	457	8414481, said 1,116.39 acre tract being more particularly described
458	458	as follows (bearings based on the Texas State Plane Coordinate
459	459	System, South Central Zone, derived by GPS observations from TXBM,
460	460	TXCN, and TXGA (TXDOT COR Stations)):
461	461	COMMENCING at a 3/8-inch iron rod found at the northwest
462	462	corner of a called 1.345 acre tract of land described in a deed from
463	463	Equistar Chemicals, LP to Lakeside Palomar Community Development,
464	464	Inc., as recorded under Jefferson County Clerk's File Number
465	465	2001004526, the intersection of the southerly right-of-way line of
466	466	State Highway 73 (width varies), and the easterly right-of-way line
467	467	of Lakeside Plaza:
468	468	THENCE, South 85 degrees 12 minutes 34 seconds East, along
469	469	the southerly right-of-way line of said State Highway 73, a
470	470	distance of 139.60 feet, to a 3/8-inch iron rod found at the
471	471	northeast corner of said called 1.345 acre tract, the most
472	472	northerly corner of said called 1101.94 acre tract, and the most
473	473	northerly corner and POINT OF BEGINNING of the herein described
474	474	tract of land;
475	475	THENCE, South 75 degrees 27 minutes 26 seconds East, along
476	476	the southerly right-of-way line of said State Highway 73, a
477	477	distance of 636.46 feet, to a 5/8-inch iron rod with "CLR" cap set
478	478	at a northeasterly corner of the herein described tract, the
479	479	intersection of the southerly right-of-way line of said State
480	480	Highway 73 and the westerly right-of-way line of F.M. 823 (100 feet
481	481	wide);
482	482	THENCE, South 34 degrees 49 minutes 10 seconds East, along
483	483	the westerly right-of-way line of said F.M. 823, a distance of
484	484	846.39 feet, to a 5/8-inch iron rod with "CLR" cap set at a point of
485	485	curvature;
486	486	THENCE, Southeasterly, along said curve to the left, through
487	487	a central angle of 10 degrees 25 minutes 43 seconds, to a 5/8-inch
488	488	iron rod with "CLR" cap set at a point of tangency, said curve
489	489	having a radius of 1,687.07 feet, an arc length of 307.07 feet, and
490	490	a chord which bears South 40 degrees 02 minutes 02 seconds East, a
491	491	distance of 306.65 feet;
492	492	THENCE, South 45 degrees 06 minutes 25 seconds East, a
493	493	distance of 59.59 feet, to a 5/8-inch iron rod with "CLR" cap set at
494	494	an interior corner of the herein described tract;
495	495	THENCE, North 47 degrees 31 minutes 22 seconds East, a
496	496	distance of 100.11 feet, to a 1-inch iron pipe found at an interior
497	497	corner of the herein described tract, and lying in the easterly
498	498	right-of-way line of said F.M. 823;
499	499	THENCE, North 45 degrees 06 minutes 25 seconds West, along
500	500	the easterly right-of-way line of said F.M. 823, a distance of 64.31
501	501	feet, to a 5/8-inch iron rod with "CLR" cap set at a point of
502	502	curvature;
503	503	THENCE, Northwesterly, along a curve to the right, through a
504	504	central angle of 10 degrees 25 minutes 59 seconds, to a 5/8-inch
505	505	iron rod with "CLR" cap set at a point of tangency, said curve
506	506	having a radius of 1,587.07 feet, an arc length of 288.99 feet, and
507	507	a chord which bears North 40 degrees 02 minutes 10 seconds West, a
508	508	distance of 288.59 feet;
509	509	THENCE, North 34 degrees 49 minutes 10 seconds West, a
510	510	distance of 742.18 feet, to a 1-inch iron pipe found at a
511	511	northwesterly corner of the herein described tract;
512	512	THENCE, North 29 degrees 49 minutes 53 seconds East, a
513	513	distance of 61.31 feet, to a 1-inch iron pipe found at a
514	514	northwesterly corner of the herein described tract, and lying in
515	515	the southerly right-of-way line of said State Highway 73;
516	516	THENCE, South 85 degrees 05 minutes 29 seconds East, along
517	517	the southerly right-of-way line of said State Highway 73, a
518	518	distance of 75.01 feet, to a 5/8-inch iron rod with "CLR" cap set at
519	519	a northeasterly corner of the herein described tract;
520	520	THENCE, South 30 degrees 56 minutes 15 seconds East, a
521	521	distance of 1,073.07 feet, to a 1-inch iron pipe found at an
522	522	interior corner of the herein described tract;
523	523	THENCE, North 43 degrees 45 minutes 45 seconds East, a
524	524	distance of 123.97 feet, to a 5/8-inch iron rod with "CLR" cap set
525	525	at a northeasterly corner of the herein described tract;
526	526	THENCE, South 30 degrees 54 minutes 24 seconds East, a
527	527	distance of 4,363.53 feet, to a 5/8-inch iron rod with "CLR" cap set
528	528	at an angle point in the easterly line of the herein described
529	529	tract;
530	530	THENCE, South 32 degrees 16 minutes 49 seconds East, a
531	531	distance of 400.39 feet, to a broken concrete monument found at the
532	532	most northerly corner of the aforementioned called 9.49 acre tract;
533	533	THENCE, Southeasterly along a non-tangent curve to the left
534	534	through a central angle of 01 degrees 34 minutes 14 seconds, to a
535	535	5-inch concrete monument found at the most easterly corner of said
536	536	called 9.49 acre tract, said curve having a radius of 5,779.65 feet,
537	537	an arc length of 158.43 feet, and a chord which bears South 34
538	538	degrees 37 minutes 50 seconds East, a distance of 158.40 feet;
539	539	THENCE, South 36 degrees 37 minutes 44 seconds West, a
540	540	distance of 2,716.64 feet, to a 1-inch iron pipe found at the most
541	541	southerly corner of said called 9.49 acre tract and an interior
542	542	corner of the herein described tract;
543	543	THENCE, South 64 degrees 42 minutes 06 seconds East, a
544	544	distance of 1,434.17 feet, to a 5-inch concrete monument found at an
545	545	easterly corner of the herein described tract, and lying in the in
546	546	an easterly line of the herein described tract;
547	547	THENCE, South 14 degrees 26 minutes 02 seconds East, a
548	548	distance of 389.11 feet, to a point in the northerly bank of Taylor
549	549	Bayou, at the southeasterly corner of the herein described tract;
550	550	THENCE, North 89 degrees 54 minutes 00 seconds West, along
551	551	the northerly bank of Taylor Bayou, a distance of 88.44 feet, to a
552	552	point for corner;
553	553	THENCE, North 76 degrees 03 minutes 49 seconds West, along
554	554	the northerly bank of Taylor Bayou, a distance of 88.58 feet, to a
555	555	point for corner;
556	556	THENCE, North 84 degrees 22 minutes 39 seconds West, along
557	557	the northerly bank of Taylor Bayou, a distance of 59.83 feet, to a
558	558	point for corner;
559	559	THENCE, South 88 degrees 58 minutes 36 seconds West, along
560	560	the northerly bank of Taylor Bayou, a distance of 59.73 feet, to a
561	561	point for corner;
562	562	THENCE, South 86 degrees 45 minutes 53 seconds West, along
563	563	the northerly bank of Taylor Bayou, a distance of 38.13 feet, to a
564	564	point for corner;
565	565	THENCE, North 13 degrees 41 minutes 30 seconds East, a
566	566	distance of 11.39 feet, to a point for corner;
567	567	THENCE, North 01 degrees 38 minutes 12 seconds East, a
568	568	distance of 23.09 feet, to a point for corner;
569	569	THENCE, North 07 degrees 36 minutes 37 seconds West, a
570	570	distance of 14.64 feet, to a point for corner;
571	571	THENCE, North 57 degrees 12 minutes 26 seconds West, a
572	572	distance of 30.60 feet, to a point for corner;
573	573	THENCE, South 65 degrees 32 minutes 21 seconds West, a
574	574	distance of 29.18 feet, to a point for corner;
575	575	THENCE, South 22 degrees 23 minutes 51 seconds West, a
576	576	distance of 48.68 feet, to a point for corner;
577	577	THENCE, North 88 degrees 16 minutes 09 seconds West, along
578	578	the northerly bank of Taylor Bayou, a distance of 286.98 feet, to a
579	579	point for corner;
580	580	THENCE, North 89 degrees 45 minutes 37 seconds West, along
581	581	the northerly bank of Taylor Bayou, a distance of 182.99 feet, to a
582	582	point for corner;
583	583	THENCE, South 68 degrees 20 minutes 56 seconds West, along
584	584	the northerly bank of Taylor Bayou, a distance of 223.09 feet, to a
585	585	point for corner;
586	586	THENCE, North 15 degrees 55 minutes 19 seconds West, a
587	587	distance of 32.56 feet, to a point for corner;
588	588	THENCE, South 79 degrees 59 minutes 40 seconds West, a
589	589	distance of 43.90 feet, to a point for corner;
590	590	THENCE, South 19 degrees 20 minutes 41 seconds West, a
591	591	distance of 64.42 feet, to a point for corner;
592	592	THENCE, South 62 degrees 40 minutes 57 seconds West, along
593	593	the northerly bank of Taylor Bayou, a distance of 337.26 feet, to a
594	594	point for corner;
595	595	THENCE, South 85 degrees 56 minutes 10 seconds West, a
596	596	distance of 1,098.26 feet, to a point for corner;
597	597	THENCE, North 36 degrees 37 minutes 44 seconds East, a
598	598	distance of 49.73 feet, to a point for corner;
599	599	THENCE, South 85 degrees 24 minutes 44 seconds West, a
600	600	distance of 545.00 feet, to a point for corner;
601	601	THENCE, North 06 degrees 30 minutes 08 seconds West, a
602	602	distance of 53.66 feet, to a point for corner;
603	603	THENCE, North 76 degrees 15 minutes 31 seconds West, a
604	604	distance of 48.62 feet, to a point for corner;
605	605	THENCE, North 22 degrees 38 minutes 15 seconds West, a
606	606	distance of 140.59 feet, along the northeasterly bank of Taylor
607	607	Bayou, to a point for corner;
608	608	THENCE, North 33 degrees 05 minutes 13 seconds West, along
609	609	the northeasterly bank of Taylor Bayou, a distance of 96.41 feet, to
610	610	a point for corner;
611	611	THENCE, North 60 degrees 35 minutes 09 seconds West, along
612	612	the northerly bank of Taylor Bayou, a distance of 281.92 feet, to a
613	613	point for corner;
614	614	THENCE, North 78 degrees 00 minutes 48 seconds West, along
615	615	the northerly bank of Taylor Bayou, a distance of 123.30 feet, to a
616	616	point for corner;
617	617	THENCE, South 82 degrees 22 minutes 05 seconds West, along
618	618	the northerly bank of Taylor Bayou, a distance of 112.91 feet, to a
619	619	point for corner;
620	620	THENCE, South 54 degrees 28 minutes 06 seconds West, along
621	621	the northerly bank of Taylor Bayou, a distance of 157.98 feet, to a
622	622	point for corner;
623	623	THENCE, South 76 degrees 30 minutes 13 seconds West, along
624	624	the northerly bank of Taylor Bayou, a distance of 76.71 feet, to a
625	625	point for corner;
626	626	THENCE, South 46 degrees 35 minutes 51 seconds West, along
627	627	the northerly bank of Taylor Bayou, a distance of 402.96 feet, to a
628	628	point for corner;
629	629	THENCE, South 38 degrees 51 minutes 09 seconds West, along
630	630	the northerly bank of Taylor Bayou, a distance of 65.50 feet, to a
631	631	point for corner;
632	632	THENCE, South 16 degrees 59 minutes 01 seconds West, along
633	633	the northerly bank of Taylor Bayou, a distance of 80.03 feet, to a
634	634	point for corner;
635	635	THENCE, South 16 degrees 35 minutes 00 seconds West, along
636	636	the northerly bank of Taylor Bayou, a distance of 132.26 feet, to a
637	637	point for corner;
638	638	THENCE, South 27 degrees 14 minutes 01 seconds West, along
639	639	the northerly bank of Taylor Bayou, a distance of 468.77 feet, to a
640	640	point for corner;
641	641	THENCE, South 40 degrees 46 minutes 37 seconds West, along
642	642	the northerly bank of Taylor Bayou, a distance of 350.04 feet, to a
643	643	point for corner;
644	644	THENCE, South 46 degrees 28 minutes 54 seconds West, along
645	645	the northerly bank of Taylor Bayou, a distance of 237.05 feet, to a
646	646	point for corner;
647	647	THENCE, South 62 degrees 42 minutes 00 seconds West, along
648	648	the northerly bank of Taylor Bayou, a distance of 196.52 feet, to a
649	649	point for corner;
650	650	THENCE, South 79 degrees 33 minutes 00 seconds West, along
651	651	the northerly bank of Taylor Bayou, a distance of 105.88 feet, to a
652	652	point for corner;
653	653	THENCE, North 08 degrees 41 minutes 43 seconds West, along
654	654	the northerly bank of Taylor Bayou, a distance of 59.02 feet, to a
655	655	point for corner;
656	656	THENCE, North 89 degrees 24 minutes 01 seconds West, along
657	657	the northerly bank of Taylor Bayou, a distance of 123.82 feet, to a
658	658	point for corner;
659	659	THENCE, South 04 degrees 20 minutes 03 seconds East, along
660	660	the northerly bank of Taylor Bayou, a distance of 33.27 feet, to a
661	661	point for corner;
662	662	THENCE, North 87 degrees 33 minutes 19 seconds West, along
663	663	the northerly bank of Taylor Bayou, a distance of 107.49 feet, to a
664	664	point for corner;
665	665	THENCE, North 81 degrees 22 minutes 14 seconds West, along
666	666	the northerly bank of Taylor Bayou, a distance of 167.37 feet, to a
667	667	point for corner;
668	668	THENCE, North 58 degrees 34 minutes 35 seconds West, along
669	669	the northeasterly bank of Taylor Bayou, a distance of 233.42 feet,
670	670	to a point for corner;
671	671	THENCE, North 52 degrees 36 minutes 32 seconds West, along
672	672	the northeasterly bank of Taylor Bayou, a distance of 416.40 feet,
673	673	to a point for corner;
674	674	THENCE, North 45 degrees 04 minutes 29 seconds West, along
675	675	the northeasterly bank of Taylor Bayou, a distance of 334.26 feet,
676	676	to a point for corner;
677	677	THENCE, North 41 degrees 12 minutes 18 seconds West, along
678	678	the northeasterly bank of Taylor Bayou, a distance of 279.62 feet,
679	679	to a point for corner;
680	680	THENCE, North 38 degrees 01 minutes 24 seconds West, along
681	681	the easterly bank of Taylor Bayou, a distance of 338.36 feet, to a
682	682	point for corner;
683	683	THENCE, North 29 degrees 27 minutes 09 seconds West, along
684	684	the easterly bank of Taylor Bayou, a distance of 425.91 feet, to a
685	685	point for corner;
686	686	THENCE, North 15 degrees 26 minutes 41 seconds West, along
687	687	the easterly bank of Taylor Bayou, a distance of 338.77 feet, to a
688	688	point for corner;
689	689	THENCE, North 11 degrees 04 minutes 11 seconds West, along
690	690	the easterly bank of Taylor Bayou, a distance of 341.81 feet, to a
691	691	point for corner;
692	692	THENCE, North 05 degrees 50 minutes 15 seconds West, along
693	693	the easterly bank of Taylor Bayou, a distance of 471.18 feet, to a
694	694	point for corner;
695	695	THENCE, North 12 degrees 00 minutes 33 seconds West, along
696	696	the easterly bank of Taylor Bayou, a distance of 249.38 feet, to a
697	697	point for corner;
698	698	THENCE, North 19 degrees 47 minutes 46 seconds West, along
699	699	the easterly bank of Taylor Bayou, a distance of 118.89 feet, to a
700	700	point for corner;
701	701	THENCE, North 19 degrees 25 minutes 05 seconds West, along
702	702	the easterly bank of Taylor Bayou, a distance of 172.13 feet, to a
703	703	point for corner;
704	704	THENCE, North 35 degrees 29 minutes 15 seconds West, along
705	705	the easterly bank of Taylor Bayou, a distance of 314.01 feet, to a
706	706	point for corner;
707	707	THENCE, North 38 degrees 03 minutes 21 seconds West, along
708	708	the easterly bank of Taylor Bayou, a distance of 348.90 feet, to a
709	709	point for corner;
710	710	THENCE, North 12 degrees 31 minutes 53 seconds West, along
711	711	the easterly bank of Taylor Bayou, a distance of 120.92 feet, to a
712	712	point for corner;
713	713	THENCE, North 00 degrees 45 minutes 58 seconds East, along
714	714	the easterly bank of Taylor Bayou, a distance of 157.80 feet, to a
715	715	point for corner;
716	716	THENCE, North 14 degrees 11 minutes 10 seconds East, along
717	717	the easterly bank of Taylor Bayou, a distance of 281.70 feet, to a
718	718	point for corner;
719	719	THENCE, North 28 degrees 59 minutes 24 seconds East, along
720	720	the easterly bank of Taylor Bayou, a distance of 582.04 feet, to a
721	721	point for corner;
722	722	THENCE, North 43 degrees 40 minutes 13 seconds East, along
723	723	the easterly bank of Taylor Bayou, a distance of 389.34 feet, to a
724	724	point for corner;
725	725	THENCE, North 25 degrees 34 minutes 14 seconds East, along
726	726	the easterly bank of Taylor Bayou, a distance of 336.16 feet, to a
727	727	point for corner;
728	728	THENCE, North 08 degrees 04 minutes 22 seconds East, along
729	729	the easterly bank of Taylor Bayou, a distance of 220.47 feet, to a
730	730	point for corner;
731	731	THENCE, North 14 degrees 38 minutes 23 seconds West, along
732	732	the easterly bank of Taylor Bayou, a distance of 273.06 feet, to a
733	733	point for corner;
734	734	THENCE, North 27 degrees 28 minutes 48 seconds West, along
735	735	the easterly bank of Taylor Bayou, a distance of 465.55 feet, to a
736	736	point for corner;
737	737	THENCE, North 28 degrees 46 minutes 03 seconds West, along
738	738	the easterly bank of Taylor Bayou, a distance of 417.94 feet, to a
739	739	point for corner;
740	740	THENCE, North 04 degrees 24 minutes 55 seconds West, along
741	741	the easterly bank of Taylor Bayou, a distance of 125.95 feet, to a
742	742	point for corner;
743	743	THENCE, North 52 degrees 02 minutes 00 seconds West, along
744	744	the easterly bank of Taylor Bayou, a distance of 67.85 feet, to a
745	745	point at the northwest corner of the herein described tract, and
746	746	lying in the southerly bank of Tiger Bayou;
747	747	THENCE, leaving the easterly bank of Taylor Bayou, and along
748	748	the southerly bank of Tiger Bayou, as follows;
749	749	THENCE, North 54 degrees 32 minutes 23 seconds East, a
750	750	distance of 251.63 feet, to a 5/8-inch iron rod with "CLR" cap set
751	751	at a northerly corner of the herein described tract;
752	752	THENCE, North 51 degrees 22 minutes 50 seconds East, a
753	753	distance of 242.28 feet, to a 5/8-inch iron rod found at a northerly
754	754	corner of the herein described tract;
755	755	THENCE, North 24 degrees 29 minutes 19 seconds East, a
756	756	distance of 395.65 feet, to a 5/8-inch iron rod with "CLR" cap set
757	757	at a northerly corner of the herein described tract;
758	758	THENCE, North 52 degrees 35 minutes 33 seconds East, a
759	759	distance of 603.19 feet, to a 5/8-inch iron rod found at a northerly
760	760	corner of the herein described tract;
761	761	THENCE, North 68 degrees 18 minutes 18 seconds East, a
762	762	distance of 273.23 feet, to a 5/8-inch iron rod with "CLR" cap set
763	763	at a northerly corner of the herein described tract;
764	764	THENCE, North 78 degrees 40 minutes 42 seconds East, a
765	765	distance of 196.73 feet, to a 5/8-inch iron rod found at a northerly
766	766	corner of the herein described tract;
767	767	THENCE, South 80 degrees 02 minutes 00 seconds East, a
768	768	distance of 151.51 feet, to a 5/8-inch iron rod found at a northerly
769	769	corner of the herein described tract;
770	770	THENCE, North 82 degrees 58 minutes 03 seconds East, a
771	771	distance of 584.69 feet, to a 5/8-inch iron rod found at a northerly
772	772	corner of the herein described tract;
773	773	THENCE, North 77 degrees 22 minutes 04 seconds East, a
774	774	distance of 236.38 feet, to a 5/8-inch iron rod with "CLR" cap set
775	775	at a northerly corner of the herein described tract;
776	776	THENCE, North 83 degrees 54 minutes 58 seconds East, a
777	777	distance of 928.06 feet, to a 5/8-inch iron rod with "CLR" cap set
778	778	at a northerly re-entrant corner of the herein described tract;
779	779	THENCE, leaving the southerly bank of Tiger Bayou, North 08
780	780	degrees 36 minutes 40 seconds West, a distance of 933.50 feet, to a
781	781	3/8-inch iron rod in concrete found at a northwesterly corner of the
782	782	herein described tract;
783	783	THENCE, North 87 degrees 08 minutes 10 seconds East, a
784	784	distance of 114.31 feet, to a 1/2-inch iron rod found at a northerly
785	785	re-entrant corner of the herein described tract;
786	786	THENCE, North 09 degrees 21 minutes 06 seconds West, a
787	787	distance of 227.73 feet, to a 1/2-inch iron rod found at a
788	788	northwesterly corner of the herein described tract;
789	789	THENCE, South 85 degrees 30 minutes 28 seconds East, a
790	790	distance of 124.46 feet, to a 1/2-inch iron rod found at a northerly
791	791	re-entrant corner of the herein described tract;
792	792	THENCE, along a non-tangent curve to the left, through a
793	793	central angle of 12 degrees 16 minutes 36 seconds, to a 1/2-inch
794	794	iron rod found at a northwesterly corner of the herein described
795	795	tract, lying in the westerly right-of-way line of Lakeside Plaza
796	796	Drive, said curve having a radius of 258.42 feet, an arc length of
797	797	55.37 feet, and a chord which bears North 01 degrees 06 minutes 08
798	798	seconds West, a distance of 55.27 feet,;
799	799	THENCE, South 85 degrees 09 minutes 10 seconds East, a
800	800	distance of 59.76 feet, to a 5/8-inch iron rod with "CLR" cap set at
801	801	a northerly re-entrant corner of the herein described tract, and
802	802	lying the easterly right-of-way line of said Lakeside Plaza Drive;
803	803	THENCE, with the easterly right-of-way line of said Lakeside
804	804	Plaza Drive, North 04 degrees 48 minutes 08 seconds East, a
805	805	distance of 114.86 feet, to a 1/2-inch iron rod found at the
806	806	southwest corner of the aforementioned called 1.345 acre tract, and
807	807	a northwesterly corner of the herein described tract;
808	808	THENCE, South 85 degrees 13 minutes 23 seconds East, a
809	809	distance of 139.54 feet, to a 1/2-inch iron rod found at the
810	810	southeast corner of said called 1.345 acre tract, and a northerly
811	811	re-entrant corner of the herein described tract;
812	812	THENCE, North 04 degrees 48 minutes 39 seconds East, a
813	813	distance of 420.04 feet, to the POINT OF BEGINNING and containing a
814	814	computed area of 1,116.39 acres (48,630,066 square feet) of land.
815	815	SECTION 3. (a) The legal notice of the intention to
816	816	introduce this Act, setting forth the general substance of this
817	817	Act, has been published as provided by law, and the notice and a
818	818	copy of this Act have been furnished to all persons, agencies,
819	819	officials, or entities to which they are required to be furnished
820	820	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
821	821	Government Code.
822	822	(b) The governor, one of the required recipients, has
823	823	submitted the notice and Act to the Texas Commission on
824	824	Environmental Quality.
825	825	(c) The Texas Commission on Environmental Quality has filed
826	826	its recommendations relating to this Act with the governor,
827	827	lieutenant governor, and speaker of the house of representatives
828	828	within the required time.
829	829	(d) The general law relating to consent by political
830	830	subdivisions to the creation of districts with conservation,
831	831	reclamation, and road powers and the inclusion of land in those
832	832	districts has been complied with.
833	833	(e) All requirements of the constitution and laws of this
834	834	state and the rules and procedures of the legislature with respect
835	835	to the notice, introduction, and passage of this Act have been
836	836	fulfilled and accomplished.
837	837	SECTION 4. This Act takes effect immediately if it receives
838	838	a vote of two-thirds of all the members elected to each house, as
839	839	provided by Section 39, Article III, Texas Constitution. If this
840	840	Act does not receive the vote necessary for immediate effect, this
841	841	Act takes effect September 1, 2011.
842	842	* * * * *