Texas 2011 - 82nd Regular

Texas House Bill HB3864 Compare Versions

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1	1	By: Gooden (Senate Sponsor - Deuell) H.B. No. 3864
2	2	(In the Senate - Received from the House May 19, 2011;
3	3	May 19, 2011, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 21, 2011, rereferred to Committee
5	5	on International Relations and Trade; May 23, 2011, reported
6	6	favorably by the following vote: Yeas 6, Nays 0; May 23, 2011, sent
7	7	to printer.)
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the creation of the Lazy W District No. 1; providing
13	13	authority to impose a tax and issue bonds; granting a limited power
14	14	of eminent domain.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	17	Code, is amended by adding Chapter 8380 to read as follows:
18	18	CHAPTER 8380. LAZY W DISTRICT NO. 1
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 8380.001. DEFINITIONS. In this chapter:
21	21	(1) "Board" means the district's board of directors.
22	22	(2) "Commission" means the Texas Commission on
23	23	Environmental Quality.
24	24	(3) "Director" means a board member.
25	25	(4) "District" means the Lazy W District No. 1.
26	26	Sec. 8380.002. NATURE OF DISTRICT. The district is a
27	27	municipal utility district created under Section 59, Article XVI,
28	28	Texas Constitution.
29	29	Sec. 8380.003. CONFIRMATION AND DIRECTORS' ELECTION
30	30	REQUIRED. The temporary directors shall hold an election to
31	31	confirm the creation of the district and to elect five permanent
32	32	directors as provided by Section 49.102, Water Code.
33	33	Sec. 8380.004. CONSENT OF MUNICIPALITY REQUIRED. The
34	34	temporary directors may not hold an election under Section 8380.003
35	35	until each municipality in whose corporate limits or
36	36	extraterritorial jurisdiction the district is located has
37	37	consented by ordinance or resolution to the creation of the
38	38	district and to the inclusion of land in the district.
39	39	Sec. 8380.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
40	40	(a) The district is created to serve a public purpose and benefit.
41	41	(b) The district is created to accomplish the purposes of:
42	42	(1) a municipal utility district as provided by
43	43	general law and Section 59, Article XVI, Texas Constitution; and
44	44	(2) Section 52, Article III, Texas Constitution, that
45	45	relate to the construction, acquisition, or improvement of
46	46	macadamized, graveled, or paved roads described by Section 54.234,
47	47	Water Code, or improvements, including storm drainage, in aid of
48	48	those roads.
49	49	Sec. 8380.006. INITIAL DISTRICT TERRITORY. (a) The
50	50	district is initially composed of the territory described by
51	51	Section 2 of the Act enacting this chapter.
52	52	(b) The boundaries and field notes contained in Section 2 of
53	53	the Act enacting this chapter form a closure. A mistake made in the
54	54	field notes or in copying the field notes in the legislative process
55	55	does not affect the district's:
56	56	(1) organization, existence, or validity;
57	57	(2) right to issue any type of bond for the purposes
58	58	for which the district is created or to pay the principal of and
59	59	interest on a bond;
60	60	(3) right to impose a tax; or
61	61	(4) legality or operation.
62	62	[Sections 8380.007-8380.050 reserved for expansion]
63	63	SUBCHAPTER B. BOARD OF DIRECTORS
64	64	Sec. 8380.051. GOVERNING BODY; TERMS. (a) The district is
65	65	governed by a board of five elected directors.
66	66	(b) Except as provided by Section 8380.052, directors serve
67	67	staggered four-year terms.
68	68	Sec. 8380.052. TEMPORARY DIRECTORS. (a) On or after the
69	69	effective date of the Act enacting this chapter, the owner or owners
70	70	of a majority of the assessed value of the real property in the
71	71	district may submit a petition to the commission requesting that
72	72	the commission appoint as temporary directors the five persons
73	73	named in the petition. The commission shall appoint as temporary
74	74	directors the five persons named in the petition.
75	75	(b) Temporary directors serve until the earlier of:
76	76	(1) the date permanent directors are elected under
77	77	Section 8380.003; or
78	78	(2) the fourth anniversary of the effective date of
79	79	the Act enacting this chapter.
80	80	(c) If permanent directors have not been elected under
81	81	Section 8380.003 and the terms of the temporary directors have
82	82	expired, successor temporary directors shall be appointed or
83	83	reappointed as provided by Subsection (d) to serve terms that
84	84	expire on the earlier of:
85	85	(1) the date permanent directors are elected under
86	86	Section 8380.003; or
87	87	(2) the fourth anniversary of the date of the
88	88	appointment or reappointment.
89	89	(d) If Subsection (c) applies, the owner or owners of a
90	90	majority of the assessed value of the real property in the district
91	91	may submit a petition to the commission requesting that the
92	92	commission appoint as successor temporary directors the five
93	93	persons named in the petition. The commission shall appoint as
94	94	successor temporary directors the five persons named in the
95	95	petition.
96	96	[Sections 8380.053-8380.100 reserved for expansion]
97	97	SUBCHAPTER C. POWERS AND DUTIES
98	98	Sec. 8380.101. GENERAL POWERS AND DUTIES. The district has
99	99	the powers and duties necessary to accomplish the purposes for
100	100	which the district is created.
101	101	Sec. 8380.102. MUNICIPAL UTILITY DISTRICT POWERS AND
102	102	DUTIES. The district has the powers and duties provided by the
103	103	general law of this state, including Chapters 49 and 54, Water Code,
104	104	applicable to municipal utility districts created under Section 59,
105	105	Article XVI, Texas Constitution.
106	106	Sec. 8380.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
107	107	Section 52, Article III, Texas Constitution, the district may
108	108	design, acquire, construct, finance, issue bonds for, improve, and
109	109	convey to this state, a county, or a municipality for operation and
110	110	maintenance macadamized, graveled, or paved roads described by
111	111	Section 54.234, Water Code, or improvements, including storm
112	112	drainage, in aid of those roads.
113	113	(b) The district may exercise the powers provided by this
114	114	section without submitting a petition to or obtaining approval from
115	115	the commission as required by Section 54.234, Water Code.
116	116	Sec. 8380.104. APPROVAL OF ROAD PROJECT. (a) The district
117	117	may not undertake a road project authorized by Section 8380.103
118	118	unless:
119	119	(1) each municipality or county that will operate and
120	120	maintain the road has approved the plans and specifications of the
121	121	road project, if a municipality or county will operate and maintain
122	122	the road; or
123	123	(2) the Texas Transportation Commission has approved
124	124	the plans and specifications of the road project, if the state will
125	125	operate and maintain the road.
126	126	(b) Except as provided by Subsection (a), the district is
127	127	not required to obtain approval from the Texas Transportation
128	128	Commission to design, acquire, construct, finance, issue bonds for,
129	129	improve, or convey a road project.
130	130	Sec. 8380.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
131	131	OR RESOLUTION. The district shall comply with all applicable
132	132	requirements of any ordinance or resolution that is adopted under
133	133	Section 54.016 or 54.0165, Water Code, and that consents to the
134	134	creation of the district or to the inclusion of land in the
135	135	district.
136	136	Sec. 8380.106. LIMITATION ON USE OF EMINENT DOMAIN. The
137	137	district may not exercise the power of eminent domain outside the
138	138	district.
139	139	Sec. 8380.107. PARKS, RECREATIONAL FACILITIES,
140	140	PRESERVATION OF FISH AND WILDLIFE. (a) The district may develop
141	141	and manage parks, recreational facilities, and natural science
142	142	laboratories and may promote the preservation of fish and other
143	143	wildlife in the district.
144	144	(b) The district may negotiate contracts with any person,
145	145	including a county, municipality, municipal corporation, firm,
146	146	corporation, nonprofit organization, or state or federal agency, to
147	147	operate or maintain the park, recreational facility, or natural
148	148	science laboratory.
149	149	(c) The preservation of fish and other wildlife shall be in
150	150	accordance with the rules of the Parks and Wildlife Commission.
151	151	(d) The board may charge and collect reasonable entrance,
152	152	gate, or use fees to manage and operate a park or recreational
153	153	facility developed wholly or partly by the district.
154	154	Sec. 8380.108. GENERAL POWERS REGARDING CONTRACTS. The
155	155	district may:
156	156	(1) contract with any person to accomplish any
157	157	district purpose, including a contract for:
158	158	(A) the payment, repayment, or reimbursement of
159	159	costs incurred by that person on behalf of the district, including
160	160	all or part of the costs of a project and interest on the reimbursed
161	161	cost; or
162	162	(B) the use, occupancy, lease, rental,
163	163	operation, maintenance, or management of all or part of a proposed
164	164	or existing project;
165	165	(2) apply for, and contract with any person to
166	166	receive, administer, and perform a duty or obligation of the
167	167	district under, a federal, state, local, or private gift, grant,
168	168	loan, conveyance, transfer, bequest, or other financial assistance
169	169	arrangement relating to the investigation, planning, analysis,
170	170	study, design, acquisition, construction, improvement, completion,
171	171	implementation, or operation by the district or others of a
172	172	proposed or existing project; and
173	173	(3) accept a grant or donation from any person to
174	174	accomplish a district purpose.
175	175	Sec. 8380.109. RULES; ENFORCEMENT. (a) The district may
176	176	adopt and enforce rules:
177	177	(1) to administer and operate the district;
178	178	(2) to govern the use, availability, protection,
179	179	security, and maintenance of the district's property and
180	180	facilities; and
181	181	(3) to provide for public safety and security.
182	182	(b) The district may bring an action in court for an
183	183	injunction or other appropriate remedy to enforce a rule of the
184	184	district.
185	185	[Sections 8380.110-8380.150 reserved for expansion]
186	186	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
187	187	Sec. 8380.151. ELECTIONS REGARDING TAXES OR BONDS.
188	188	(a) The district may issue, without an election, bonds and other
189	189	obligations secured by:
190	190	(1) revenue other than ad valorem taxes; or
191	191	(2) contract payments described by Section 8380.153.
192	192	(b) The district must hold an election in the manner
193	193	provided by Chapters 49 and 54, Water Code, to obtain voter approval
194	194	before the district may impose an ad valorem tax or issue bonds
195	195	payable from ad valorem taxes.
196	196	(c) The district may not issue bonds payable from ad valorem
197	197	taxes to finance a road project unless the issuance is approved by a
198	198	vote of a two-thirds majority of the district voters voting at an
199	199	election held for that purpose.
200	200	Sec. 8380.152. OPERATION AND MAINTENANCE TAX. (a) If
201	201	authorized at an election held under Section 8380.151, the district
202	202	may impose an operation and maintenance tax on taxable property in
203	203	the district in accordance with Section 49.107, Water Code.
204	204	(b) The board shall determine the tax rate. The rate may not
205	205	exceed the rate approved at the election.
206	206	Sec. 8380.153. CONTRACT TAXES. (a) In accordance with
207	207	Section 49.108, Water Code, the district may impose a tax other than
208	208	an operation and maintenance tax and use the revenue derived from
209	209	the tax to make payments under a contract after the provisions of
210	210	the contract have been approved by a majority of the district voters
211	211	voting at an election held for that purpose.
212	212	(b) A contract approved by the district voters may contain a
213	213	provision stating that the contract may be modified or amended by
214	214	the board without further voter approval.
215	215	Sec. 8380.154. ASSESSMENTS. (a) The board may undertake
216	216	projects and services that confer a special benefit on all or a
217	217	definable part of the district. The board may impose special
218	218	assessments on property in that area, based on the benefit
219	219	conferred by the project or service, to pay all or part of the cost
220	220	of the project or service. The district may finance with special
221	221	assessments any project or service authorized by this chapter or
222	222	any other applicable law.
223	223	(b) Projects or services may be financed with special
224	224	assessments under this chapter only after the board holds a public
225	225	hearing on the advisability of the project or service and the
226	226	proposed assessments.
227	227	(c) The board shall publish notice of the hearing in a
228	228	newspaper or newspapers with general circulation in Henderson
229	229	County. The publication must be made not later than the 30th day
230	230	before the date of the hearing.
231	231	(d) Notice provided under this section must include:
232	232	(1) the time and place of the hearing;
233	233	(2) the general nature of the proposed project or
234	234	service;
235	235	(3) the estimated cost of the project or service,
236	236	including interest during construction and associated financing
237	237	costs; and
238	238	(4) the proposed method of assessment.
239	239	(e) Written notice containing the information required by
240	240	Subsection (d) shall be mailed by certified mail, return receipt
241	241	requested, not later than the 30th day before the date of the
242	242	hearing. The notice shall be mailed to each person residing in the
243	243	district.
244	244	Sec. 8380.155. FEES AND CHARGES. The district may
245	245	establish fees, user fees, rates, and charges that are sufficient:
246	246	(1) to accomplish the purposes of this chapter;
247	247	(2) for the operation and maintenance of the district;
248	248	(3) to pay the principal of and interest on notes,
249	249	bonds, and other obligations issued in connection with the exercise
250	250	of the district's general powers and duties; and
251	251	(4) to satisfy all rate covenants relating to the
252	252	issuance of notes, bonds, and other obligations.
253	253	Sec. 8380.156. DISBURSEMENTS AND TRANSFERS OF MONEY. The
254	254	board by resolution shall establish the number of signatures and
255	255	the procedure required for a disbursement or transfer of the
256	256	district's money.
257	257	[Sections 8380.157-8380.200 reserved for expansion]
258	258	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
259	259	Sec. 8380.201. AUTHORITY TO ISSUE BONDS AND OTHER
260	260	OBLIGATIONS. The district may issue bonds or other obligations
261	261	payable wholly or partly from ad valorem taxes, impact fees,
262	262	revenue, contract payments, grants, or other district money, or any
263	263	combination of those sources, to pay for any authorized district
264	264	purpose.
265	265	Sec. 8380.202. TAXES FOR BONDS. At the time the district
266	266	issues bonds payable wholly or partly from ad valorem taxes, the
267	267	board shall provide for the annual imposition of a continuing
268	268	direct ad valorem tax, without limit as to rate or amount, while all
269	269	or part of the bonds are outstanding as required and in the manner
270	270	provided by Sections 54.601 and 54.602, Water Code.
271	271	Sec. 8380.203. BONDS FOR ROAD PROJECTS. At the time of
272	272	issuance, the total principal amount of bonds or other obligations
273	273	issued or incurred to finance road projects and payable from ad
274	274	valorem taxes may not exceed one-fourth of the assessed value of the
275	275	real property in the district.
276	276	SECTION 2. The Lazy W District No. 1 initially includes all
277	277	the territory contained in the following area:
278	278	792.545 ACRES
279	279	HENDERSON COUNTY, TEXAS
280	280	All that certain lot, tract or parcel of land situated in
281	281	Henderson County, Texas on the B. B. Sublett Survey, A-719, the
282	282	Thomas Hanna Survey, A-304, the Alexander Parks Survey, A-607, the
283	283	D. Pilkington Survey, A-622, the W. Simms Survey, A-712 and the
284	284	Samuel Chears Survey, A-130 and being all of the called 1.00 acre
285	285	tract recorded in Volume 2918, Page 318, all of the 21.606 acre
286	286	tract recorded in Volume 2721, Page 805, all of the called 242.80
287	287	acre tract recorded in Volume 1491, Page 222, all of the 35.846 acre
288	288	tract recorded in Volume 2899, Page 549, all of the called 102.996
289	289	acre tract recorded in Volume 2797, Page 634, and all of the called
290	290	269.188 acre tract recorded in Volume 2745, Page 762. Said lot,
291	291	tract or parcel of land being more particularly described by metes
292	292	and bounds as follows:
293	293	BEGINNING at a 1/8" x 1" iron strap found at a fence
294	294	corner at the Easterly Southeast corner of the called 361.73 acre
295	295	tract and an ell corner of the Mary E. Hugus 325.39 acre tract
296	296	recorded in Volume 1145, Page 405;
297	297	THENCE NORTH 86 degrees 24 minutes 47 seconds West 531.95
298	298	feet to a x-tie fence corner at an ell corner of the 361.73 acre
299	299	tract and the Northwest corner of the 325.39 acre tract;
300	300	THENCE SOUTH 0 degrees 31 minutes 02 seconds West 1086.13
301	301	feet to a 60 d nail found at the Southerly Southeast corner of the
302	302	361.73 acre tract, in the West line of the 325.39 acre tract and at
303	303	the Northeast corner of the Don F. Hugus 213.257 acre tract recorded
304	304	in Volume 1145, Page 405;
305	305	THENCE NORTH 88 degrees 35 minutes 39 seconds West 3487.22
306	306	feet to a 3" axle found at the Northwest corner of the 213.257 acre
307	307	tract and an ell corner of the 361.73 acre tract;
308	308	THENCE SOUTH 28 degrees 18 minutes 48 seconds West
309	309	388.75 feet to a fence corner at the Northeast corner of the Charles
310	310	Stevens 129.72 acre tract recorded in Volume 1498, Page 810;
311	311	THENCE SOUTH 25 degrees 43 minutes 13 seconds East, along
312	312	fence, 905.92 feet to a cross-tie fence corner found at the Westerly
313	313	Southwest corner of the Hugus tract, the Northwest corner of the
314	314	East Texas Ranch, L.P. 102.96 acre tract recorded in Volume 2797,
315	315	Page 634 and in the Southeast line of the called 144.00 acre tract;
316	316	THENCE SOUTH 88 degrees 46 minutes 00 seconds East 855.44
317	317	feet to a 1/2" iron rod set at the Northeast corner of the called
318	318	102.996 acre tract and an ell corner of the Hugus tract; WITNESS:
319	319	Found 12" Post Oak South 17 degrees 31 minutes West 3.0 feet;
320	320	THENCE SOUTH 0 degrees 31 minutes 42 seconds West 970.35 feet
321	321	and South 0 degrees 20 minutes 57 seconds West 618.96 feet mostly
322	322	along fence to a 14" Post Oak at a fence corner at the Northwest
323	323	corner of the Beverly Wilson Smith 242.80 acre tract recorded in
324	324	Volume 1491, Page 222;
325	325	THENCE NORTH 78 degrees 46 minutes 23 seconds East, through
326	326	open field, 827.04 feet to a iron pipe for corner at large post on
327	327	the West side of a trail road;
328	328	THENCE NORTH 79 degrees 20 minutes East, along fence on the
329	329	North boundary line of this tract, a distance of 812.20 feet to an
330	330	iron pipe by large fence post on the West side of a trail road;
331	331	THENCE NORTH 88 degrees 15 minutes East, along fence, a
332	332	distance of 475.20 feet to a 20" Black Jack tree for corner;
333	333	THENCE SOUTH 6 degrees 14 minutes East, a distance of 295.20
334	334	feet to a stake at fence corner being the Southwest corner of a 2.00
335	335	acre tract described in Volume 204, Page 577 of the Henderson County
336	336	Deed Records;
337	337	Page 2, 792.545 AC.
338	338	THENCE SOUTH 89 degrees 16 minutes East, along fence and a
339	339	distance of 303.35 feet to a stake at fence corner being the
340	340	Southeast corner of said 2.00 acres;
341	341	THENCE SOUTH 12 degrees 38 minutes East, along fence line, a
342	342	distance of 1660.40 feet along the East boundary line of this tract
343	343	to a large Bois d'arc post for corner and in the North boundary line
344	344	of the Thomas Hanna Survey;
345	345	THENCE SOUTH 89 degrees 00 minutes East a distance of 572.50
346	346	feet to an 1" pipe at the Southeast corner of the Don Hugus tract and
347	347	the Northwest corner of the Genie Warren 121.50 acre tract recorded
348	348	in Volume 1241, Page 85;
349	349	THENCE SOUTH 0 degrees 28 minutes West, along fence line on
350	350	the East boundary of this tract and said Thomas Hanna Survey, the
351	351	West boundary of said W. E. Warren tract, a distance of 2678.16 feet
352	352	to an iron pipe for the Southeast corner at fence corner;
353	353	THENCE SOUTH 89 degrees 33 minutes East 291.62 feet to a 1"
354	354	iron pipe at the Northeast corner of the 22.606 acre tract and the
355	355	Northwest corner of the Peggy Shannon 2.00 acre tract recorded in
356	356	Volume 994, Page 153;
357	357	THENCE SOUTH 1 degree 02 minutes 35 seconds West 206.04 feet
358	358	to a 1/2" iron rod found at the Northeast corner of the East Texas
359	359	Ranch, L.P. 1.00 acre tract recorded in Volume 2918, Page 318;
360	360	THENCE SOUTH 1 degree 02 minutes 35 seconds West 258.11 feet
361	361	to a 60 d nail found in County Road 4518, at the Southeast corner of
362	362	the 1.00 acre tract and the Southwest corner of the Martin and
363	363	Cecilia Schiller 1.554 acre tract recorded in Volume 2312, Page
364	364	687; WITNESS: Found 1/2" iron rod North 1 degree 02 minutes 35
365	365	seconds East 29.63 feet;
366	366	THENCE SOUTH 84 degrees 08 minutes 12 seconds West, along
367	367	County Road 4518, 170.00 feet to a 60 d nail found for the most
368	368	Southerly Southeast corner of the East Texas Ranch, L.P. 21.606
369	369	acre tract recorded in Volume 2721, Page 850; WITNESS: Found 1/2"
370	370	iron rod
371	371	Page 3, 792.545 AC
372	372	North 1 degree 02 minutes 35 seconds East 31.4 feet;
373	373	THENCE along the centerline of County Road 4518, South 84
374	374	degrees 08 minutes 12 seconds West 870.00 feet to a 60 d nail found
375	375	from which a 1/2" iron rod bears North 21.0 feet, South 85 degrees
376	376	36 minutes 06 seconds West 663.48 feet to a 60 d nail found and North
377	377	40 degrees 45 minutes 42 seconds West 818.60 feet to a 60 d nail
378	378	found for the West corner of the 21.606 acre tract and the Southwest
379	379	corner of the Smith 242.80 acre tract; WITNESS; Found 1/2" iron
380	380	rod South 89 degrees 58 minutes 19 seconds East 32.21 feet;
381	381	THENCE continuing up the center of a County Road 4518, North
382	382	32 degrees 16 minutes West 170.00 feet, North 21 degrees 02 minutes
383	383	West 447.30 feet, North 30 degrees 30 minutes West 135.00 feet and
384	384	North 45 degrees 42 minutes West 220.19 feet to a spike in road;
385	385	THENCE continuing along County Road 4518 as follows: North
386	386	37 degrees 12 minutes 31 seconds West 166.95 feet to a 1/2" iron rod
387	387	found, North 53 degrees 10 minutes 17 seconds West 296.20 feet to a
388	388	1/2" iron rod found, North 70 degrees 51 minutes 55 seconds West
389	389	19.95 feet to a 1/2" iron rod found and South 88 degrees 51 minutes
390	390	17 seconds West 750.00 feet to a 1/2" iron rod found at the
391	391	Southwest corner of the 35.846 acre tract;
392	392	THENCE NORTH 0 degrees 51 minutes 48 seconds East 1403.84
393	393	feet to a fence corner at the Northwest corner of the 35.846 acre
394	394	tract;
395	395	THENCE NORTH 3 degrees 08 minutes West 147.50 feet along
396	396	fence to the Southeast corner of the 102.96 acre tract;
397	397	THENCE NORTH 89 degrees 51 minutes 48 seconds West 1443.07
398	398	feet to a cross-tie fence corner in the East margin of F. M. Highway
399	399	1615, at the Southwest corner of the 102 3/4 acre tract and the
400	400	Northwest corner of the 99.742 acre tract;
401	401	THENCE NORTH 9 degrees 04 minutes 26 seconds West 25.79 feet
402	402	to the P.C. of a curve in the East margin of F. M. Highway 1615;
403	403	Page 4, 792.815 AC.
404	404	THENCE around a curve to the left having a central angle of 2
405	405	degrees 32 minutes 44 seconds, a radius of 1569.25 feet, a distance
406	406	of 69.72 feet (Long Chord North 11 degrees 03 minutes 02 seconds
407	407	West 69.71 feet) to a point at right-of-way change;
408	408	THENCE NORTH 77 degrees 40 minutes 36 seconds East 5.00 feet
409	409	to a point at a right-of-way change in the East margin of F. M.
410	410	Highway 1615;
411	411	THENCE continuing around a curve to the left having a central
412	412	angle of 12 degrees 05 minutes 09 seconds, a radius of 1574.25 feet,
413	413	a distance of 332.07 feet (Long Chord North 18 degrees 21 minutes 58
414	414	seconds West 331.45 feet) to a 1/2" iron rod set for corner;
415	415	THENCE NORTH 14 degrees 54 minutes 57 seconds West 287.47
416	416	feet to a 60 d nail found at an angle corner of the Gaile Lee Lipman
417	417	4.50 acre tract recorded in Volume 2431, Page 249;
418	418	THENCE SOUTH 74 degrees 29 minutes 31 seconds East 174.73
419	419	feet to a 30" Elm found at a fence angle at the Southeast corner of
420	420	the 4.50 acre tract;
421	421	THENCE NORTH 3 degrees 02 minutes 27 seconds East 430.37 feet
422	422	to a 3/4" iron rod found at the Northeast corner of the 4.50 acre
423	423	tract;
424	424	THENCE NORTH 64 degrees 06 minutes 43 seconds West 441.96
425	425	feet to a 30" Elm at the Western Southwest corner of the 102.996
426	426	acre tract;
427	427	THENCE SOUTH 30 degrees 06 minutes 40 seconds West, along
428	428	fence, 317.33 feet to a point in the Northeast margin of F. M.
429	429	Highway 1615, at the Southwest corner of the Lipman tract; WITNESS:
430	430	Found 1/2" pipe North 30 degrees 06 minutes 40 seconds East 11.79
431	431	feet;
432	432	THENCE along the Northeast margin of F. M. Highway 1615 as
433	433	follows: North 44 degrees 02 minutes 07 seconds West 182.08 feet to
434	434	a point for corner, North 45 degrees 57 minutes 53 seconds East
435	435	15.00 feet to a point for corner and North 44 degrees 02 minutes 07
436	436	seconds West 114.53 feet to a 1/2" iron rod set on the East bank of
437	437	Mine Creek (60' from
438	438	Page 5, 792.545 AC.
439	439	centerline of 1615);
440	440	THENCE along the East bank of Mine Creek as follows: North 39
441	441	degrees 06 minutes 03 seconds East 153.30 feet, North 0 degrees 51
442	442	minutes 09 seconds East 76.11 feet, North 21 degrees 44 minutes 05
443	443	seconds East 318.55 feet, North 59 degrees 28 minutes 31 seconds
444	444	East 314.53 feet, North 36 degrees 08 minutes 06 seconds East 144.17
445	445	feet, North 2 degrees 33 minutes 59 seconds East 93.69 feet, North
446	446	42 degrees 19 minutes 02 seconds East 383.36 feet, North 34 degrees
447	447	02 minutes 39 seconds East 180.33 feet, North 14 degrees 52 minutes
448	448	58 seconds East 180.73 feet, North 5 degrees 52 minutes 56 seconds
449	449	East 123.87 feet, North 57 degrees 47 minutes 02 seconds East 55.46
450	450	feet, North 9 degrees 40 minutes 31 seconds East 99.92 feet, North
451	451	17 degrees 33 minutes 00 seconds West 161.25 feet, North 7 degrees
452	452	33 minutes 26 seconds East 492.62 feet, North 16 degrees 05 minutes
453	453	47 seconds East 145.92 feet and North 25 degrees 13 minutes 16
454	454	seconds East 290.23 feet to a 1/2" iron rod set on the East bank of
455	455	Mine Creek, in the Westerly South line of the East Texas Ranch, L.P.
456	456	361.73 acre tract; WITNESS: Found 3" Axle at fence corner South 86
457	457	degrees 59 minutes 49 seconds West 123.58 feet;
458	458	THENCE SOUTH 86 degrees 59 minutes 49 seconds West 632.61
459	459	feet to a 3" axle found at the Southwest corner of the 361.73 acre
460	460	tract, the Southeast corner of the Royall Commings 91.65 acre tract
461	461	recorded in Volume 519, Page 275 and the North line of the Stevens
462	462	tract;
463	463	THENCE along a fence as follows: North 38 degrees 05 minutes
464	464	45 seconds East 227.78 feet to a 5/8" iron rod found, North 43
465	465	degrees 03 minutes 30 seconds East 127.69 feet to a 1/2" iron rod
466	466	found, North 66 degrees 00 minutes 51 seconds East 94.10 feet to a
467	467	5/8" iron rod found, North 47 degrees 20 minutes 24 seconds East
468	468	102.58 feet to a 1/2" iron rod found, North 18 degrees 25 minutes 49
469	469	seconds East 149.72 feet to a 1/2" iron rod found, North 1 degree 58
470	470	Page 6, 792.545 AC.
471	471	minutes West 285.61 feet to a 1/2" iron rod found, North 13 degrees
472	472	36 minutes 20 seconds East 168.23 feet to a 5/8" iron rod found at
473	473	the base of a 14" Sweet Gum in the fence, North 21 degrees 30 minutes
474	474	19 seconds East 100.36 feet to a 1/2" iron rod found at the base of a
475	475	28" Sweet Gum in the fence, North 6 degrees 01 minutes 02 seconds
476	476	West 257.66 feet to a 1/2" iron rod found at a x-tie and North 46
477	477	degrees 38 minutes 31 seconds East 140.77 feet to a 2" pipe found at
478	478	the Northeast corner of the Commings tract and the Southeast corner
479	479	of Lot 38, Champion Ranch, Phase I;
480	480	THENCE NORTH 1 degree 14 minutes 55 seconds East 286.45 feet
481	481	to a 1/2" iron rod set in creek at the Southeast corner of the 6.98
482	482	acre Reserve Tract and the Northeast corner of Lot 40A-R;
483	483	THENCE along the South line of the Reserve Tract as follows:
484	484	North 27 degrees 17 minutes 36 seconds West 93.30 feet to a 1/2"
485	485	iron rod set, North 11 degrees 07 minutes 26 seconds West 328.99
486	486	feet to a 1/2" iron rod set; WITNESS: Found 1/2" iron rod with T
487	487	Post North 83 degrees 33 minutes West 43.47 feet, North 81 degrees
488	488	25 minutes 02 seconds West 494.73 feet to a 1/2" iron rod set;
489	489	WITNESS: Found T Post South 15 degrees 02 minutes West 3.96 feet
490	490	and North 55 degrees 20 minutes 11 seconds West 146.95 feet to "x"
491	491	set in concrete in the East margin of Horseshoe Drive and the
492	492	Southwest corner of the Reserve Tract;
493	493	THENCE around a curve to the left having a central angle of 14
494	494	degrees 03 minutes 16 seconds, a radius of 1025.00 feet, a distance
495	495	of 251.43 feet (Long Chord North 0 degrees 28 minutes 24 seconds
496	496	East 250.80 feet to a 1/2" iron rod found in the East margin of
497	497	Horseshoe Drive at the Northwest corner of the Reserve Tract and
498	498	Southwest corner of Lot 41-R;
499	499	THENCE SOUTH 84 degrees 47 minutes 22 seconds East 618.81
500	500	feet to a 1/2" iron rod set in creek at the Southeast corner of Lot
501	501	41-R; WITNESS: Found 1/2" iron rod with T Post North 84 degrees 47
502	502	minutes 22 seconds East 40.00 feet;
503	503	Page 7, 792.545 AC.
504	504	THENCE NORTH 10 degrees 52 minutes East 457.59 feet to a 1/2"
505	505	iron rod set on the creek bank at the Northeast corner of Lot 41-R in
506	506	the South line of Lot 42;
507	507	THENCE NORTH 73 degrees 22 minutes 14 seconds East 40.00 feet
508	508	to a 1/2" iron rod found with T Post at the Southeast corner of Lot
509	509	42;
510	510	THENCE NORTH 1 degree 14 minutes 32 seconds East 419.91 feet
511	511	to a point for corner; WITNESS: Found 1/2" iron rod on creek bank
512	512	South 59 degrees 03 minutes 35 seconds West 15.29 feet;
513	513	THENCE NORTH 57 degrees 05 minutes 14 seconds West 746.74 feet to a
514	514	1/2" iron rod with T Post found at the East corner of Lot 45, the
515	515	North corner of Lot 44 and the South corner of Lot 53;
516	516	THENCE NORTH 45 degrees 50 minutes East 602.90 feet to a 1/2"
517	517	iron rod found with T Post in the Northeast margin of Safari Stables
518	518	Drive;
519	519	THENCE around a curve to the right having a central angle of 2
520	520	degrees 42 minutes 19 seconds, a radius of 1475.00 feet, a distance
521	521	of 69.64 feet (Long Chord North 43 degrees 58 minutes 44 seconds
522	522	West 69.63 feet) to a 1/2" iron rod found with T Post at the South
523	523	corner of Lot 117;
524	524	THENCE NORTH 49 degrees 26 minutes 11 seconds East 537.89
525	525	feet to a 1/2" iron rod found with T Post at the East corner of Lot
526	526	117 and the Southwest corner of Lot 118;
527	527	THENCE SOUTH 34 degrees 21 minutes 12 seconds East 403.38
528	528	feet to a 1/2" iron rod set in Mine Creek at the South corner of Lot
529	529	118;
530	530	THENCE NORTH 58 degrees 36 minutes 42 seconds East 345.81
531	531	feet to the point of intersection of the centerline of Mine Creek
532	532	and Gold Creek;
533	533	THENCE along the centerline of Gold Creek as follows: North
534	534	86 degrees 20 minutes 39 seconds East 58.87 feet, South 49 degrees
535	535	06 minutes 17 seconds East 116.79 feet, South 23 degrees 45 minutes
536	536	42 seconds East 95.66 feet, South 83 degrees 32 minutes 17 seconds
537	537	East
538	538	Page 8, 792.545 AC.
539	539	94.79 feet, South 88 degrees 29 minutes 46 seconds East 184.21 feet,
540	540	South 54 degrees 05 minutes 08 seconds East 78.44 feet, South 56
541	541	degrees 06 minutes 30 seconds East 23.62 feet, North 88 degrees 45
542	542	minutes 38 seconds East 75.65 feet, North 76 degrees 55 minutes 31
543	543	seconds East 205.82 feet, South 76 degrees 31 minutes 15 seconds
544	544	East 85.64 feet, South 23 degrees 05 minutes 39 seconds East 108.82
545	545	feet, South 48 degrees 40 minutes 50 seconds East 44.04 feet, South
546	546	82 degrees 24 minutes 15 seconds East 228.86 feet, South 62 degrees
547	547	58 minutes 07 seconds East 59.70 feet, South 42 degrees 43 minutes
548	548	48 seconds East 159.29 feet, South 82 degrees 59 minutes 18 seconds
549	549	East 334.44 feet, North 76 degrees 10 minutes 43 seconds East 151.46
550	550	feet, North 84 degrees 22 minutes 18 seconds East 58.36 feet, South
551	551	64 degrees 31 minutes 59 seconds East 50.14 feet, South 43 degrees
552	552	50 minutes 00 seconds East 116.98 feet, South 52 degrees 01 minutes
553	553	55 seconds East 48.79 feet, North 84 degrees 30 minutes 26 seconds
554	554	East 78.36 feet, South 35 degrees 32 minutes 51 seconds East 77.25
555	555	feet, South 67 degrees 53 minutes 23 seconds East 87.36 feet, North
556	556	53 degrees 15 minutes 08 seconds East 111.21 feet, North 34 degrees
557	557	55 minutes 58 seconds East 41.76 feet, South 79 degrees 10 minutes
558	558	43 seconds East 42.98 feet, South 38 degrees 45 minutes 46 seconds
559	559	East 91.00 feet, North 65 degrees 01 minutes 55 seconds East 86.40
560	560	feet, North 42 degrees 24 minutes 56 seconds East 48.79 feet, South
561	561	56 degrees 41 minutes 19 seconds East 19.13 feet, South 23 degrees
562	562	17 minutes 23 seconds East 28.55 feet, North 46 degrees 23 minutes
563	563	43 seconds East 44.52 feet, South 27 degrees 56 minutes 01 seconds
564	564	East 28.76 feet, South 77 degrees 27 minutes 53 seconds East 16.39
565	565	feet, North 41 degrees 16 minutes 25 seconds East 22.45 feet, South
566	566	82 degrees 05 minutes 16 seconds East 26.13 feet, North 69 degrees
567	567	32 minutes 16 seconds East 45.21 feet, North 81 degrees 30 minutes
568	568	39 seconds East 62.49 feet, South 69 degrees 11 minutes 04 seconds
569	569	East 23.11 feet, South 55 degrees 20 minutes 34 seconds East 48.42
570	570	feet, North 61 degrees 48 minutes 44 seconds East 49.28 feet, North
571	571	36 degrees 15 minutes 58 seconds East
572	572	Page 9, 792.545 AC.
573	573	64.36 feet, North 59 degrees 50 minutes 31 seconds East 56.86 feet,
574	574	North 08 degrees 31 minutes 33 seconds East 35.86 feet, North 55
575	575	degrees 32 minutes 28 seconds East 23.65 feet, North 33 degrees 09
576	576	minutes 34 seconds East 22.66 feet, North 76 degrees 24 minutes 03
577	577	seconds East 26.61 feet, South 76 degrees 18 minutes 56 seconds East
578	578	41.61 feet, South 53 degrees 07 minutes 00 seconds East 38.08 feet,
579	579	North 83 degrees 24 minutes 06 seconds East 45.42 feet, South 56
580	580	degrees 32 minutes 02 seconds East 25.62 feet, South 72 degrees 23
581	581	minutes 52 seconds East 119.25 feet, South 29 degrees 05 minutes 08
582	582	seconds East 30.88 feet, North 62 degrees 09 minutes 23 seconds East
583	583	33.71 feet, South 44 degrees 07 minutes 00 seconds East 43.75 feet,
584	584	South 85 degrees 54 minutes 24 seconds East 32.02 feet, South 31
585	585	degrees 34 minutes 06 seconds East 30.44 feet, South 72 degrees 29
586	586	minutes 37 seconds East 46.71 feet, and South 57 degrees 14 minutes
587	587	16 seconds East 44.92 feet to a 1/2" iron rod found at the Southeast
588	588	corner of the Judith McGee 129.66 acre tract recorded in Volume
589	589	1725, Page 666 and at the Northeast corner of the 361.73 acre tract;
590	590	THENCE SOUTH 0 degrees 03 minutes East 1903.69 feet to a 3/4"
591	591	pipe found at the Northwest corner of the Hugus 325.39 acre tract
592	592	and the Southwest corner of the Floyd Miller tract recorded in
593	593	Volume 1389, Page 711;
594	594	THENCE SOUTH 1 degrees 58 minutes 40 seconds West 473.95 feet
595	595	to the place of beginning and containing 792.545 acres of land.
596	596	SECTION 3. (a) The legal notice of the intention to
597	597	introduce this Act, setting forth the general substance of this
598	598	Act, has been published as provided by law, and the notice and a
599	599	copy of this Act have been furnished to all persons, agencies,
600	600	officials, or entities to which they are required to be furnished
601	601	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
602	602	Government Code.
603	603	(b) The governor, one of the required recipients, has
604	604	submitted the notice and Act to the Texas Commission on
605	605	Environmental Quality.
606	606	(c) The Texas Commission on Environmental Quality has filed
607	607	its recommendations relating to this Act with the governor, the
608	608	lieutenant governor, and the speaker of the house of
609	609	representatives within the required time.
610	610	(d) All requirements of the constitution and laws of this
611	611	state and the rules and procedures of the legislature with respect
612	612	to the notice, introduction, and passage of this Act are fulfilled
613	613	and accomplished.
614	614	SECTION 4. (a) Section 8380.106, Special District Local
615	615	Laws Code, as added by Section 1 of this Act, takes effect only if
616	616	this Act receives a two-thirds vote of all the members elected to
617	617	each house.
618	618	(b) If this Act does not receive a two-thirds vote of all the
619	619	members elected to each house, Subchapter C, Chapter 8380, Special
620	620	District Local Laws Code, as added by Section 1 of this Act, is
621	621	amended by adding Section 8380.106 to read as follows:
622	622	Sec. 8380.106. NO EMINENT DOMAIN POWER. The district may
623	623	not exercise the power of eminent domain.
624	624	(c) This section is not intended to be an expression of a
625	625	legislative interpretation of the requirements of Section 17(c),
626	626	Article I, Texas Constitution.
627	627	SECTION 5. Except as provided by Section 4 of this Act:
628	628	(1) this Act takes effect immediately if it receives a
629	629	vote of two-thirds of all the members elected to each house, as
630	630	provided by Section 39, Article III, Texas Constitution; and
631	631	(2) if this Act does not receive the vote necessary for
632	632	immediate effect, this Act takes effect September 1, 2011.
633	633	* * * * *