Texas 2017 - 85th Regular

Texas House Bill HB1440 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bell (Senate Sponsor - Creighton) H.B. No. 1440
2		-	(In the Senate - Received from the House April 24, 2017;
3		-	May 1, 2017, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 2, 2017, rereferred to Committee
5		-	on Administration; May 2, 2017, reported favorably by the
6		-	following vote: Yeas 6, Nays 0; May 2, 2017, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 1440
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the creation of the Montgomery County Municipal Utility
13	6		District No. 154; granting a limited power of eminent domain;
14	7		providing authority to issue bonds; providing authority to impose
15	8		assessments, fees, and taxes.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	10		SECTION 1. Subtitle F, Title 6, Special District Local Laws
18	11		Code, is amended by adding Chapter 7974 to read as follows:
19	12		CHAPTER 7974. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 154
20	13		SUBCHAPTER A. GENERAL PROVISIONS
21	14		Sec. 7974.001. DEFINITIONS. In this chapter:
22	15		(1) "Board" means the district's board of directors.
23	16		(2) "Commission" means the Texas Commission on
24	17		Environmental Quality.
25	18		(3) "Director" means a board member.
26	19		(4) "District" means the Montgomery County Municipal
27	20		Utility District No. 154.
28	21		Sec. 7974.002. NATURE OF DISTRICT. The district is a
29	22		municipal utility district created under Section 59, Article XVI,
30	23		Texas Constitution.
31	24		Sec. 7974.003. CONFIRMATION AND DIRECTORS' ELECTION
32	25		REQUIRED. The temporary directors shall hold an election to
33	26		confirm the creation of the district and to elect five permanent
34	27		directors as provided by Section 49.102, Water Code.
35	28		Sec. 7974.004. CONSENT OF MUNICIPALITY REQUIRED. The
36	29		temporary directors may not hold an election under Section 7974.003
37	30		until each municipality in whose corporate limits or
38	31		extraterritorial jurisdiction the district is located has
39	32		consented by ordinance or resolution to the creation of the
40	33		district and to the inclusion of land in the district.
41	34		Sec. 7974.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
42	35		The district is created to serve a public purpose and benefit.
43	36		(b) The district is created to accomplish the purposes of:
44	37		(1) a municipal utility district as provided by
45	38		general law and Section 59, Article XVI, Texas Constitution; and
46	39		(2) Section 52, Article III, Texas Constitution, that
47	40		relate to the construction, acquisition, improvement, operation,
48	41		or maintenance of macadamized, graveled, or paved roads, or
49	42		improvements, including storm drainage, in aid of those roads.
50	43		Sec. 7974.006. INITIAL DISTRICT TERRITORY. (a) The
51	44		district is initially composed of the territory described by
52	45		Section 2 of the Act enacting this chapter.
53	46		(b) The boundaries and field notes contained in Section 2 of
54	47		the Act enacting this chapter form a closure. A mistake made in the
55	48		field notes or in copying the field notes in the legislative process
56	49		does not affect the district's:
57	50		(1) organization, existence, or validity;
58	51		(2) right to issue any type of bond for the purposes
59	52		for which the district is created or to pay the principal of and
60	53		interest on a bond;
61	54		(3) right to impose a tax; or
62	55		(4) legality or operation.
63	56		SUBCHAPTER B. BOARD OF DIRECTORS
64	57		Sec. 7974.051. GOVERNING BODY; TERMS. (a) The district is
65	58		governed by a board of five elected directors.
66	59		(b) Except as provided by Section 7974.052, directors serve
67	60		staggered four-year terms.
68	61		Sec. 7974.052. TEMPORARY DIRECTORS. (a) On or after the
69	62		effective date of the Act enacting this chapter, the owner or owners
70	63		of a majority of the assessed value of the real property in the
71	64		district may submit a petition to the commission requesting that
72	65		the commission appoint as temporary directors the five persons
73	66		named in the petition. The commission shall appoint as temporary
74	67		directors the five persons named in the petition.
75	68		(b) Temporary directors serve until the earlier of:
76	69		(1) the date permanent directors are elected under
77	70		Section 7974.003; or
78	71		(2) the fourth anniversary of the effective date of
79	72		the Act enacting this chapter.
80	73		(c) If permanent directors have not been elected under
81	74		Section 7974.003 and the terms of the temporary directors have
82	75		expired, successor temporary directors shall be appointed or
83	76		reappointed as provided by Subsection (d) to serve terms that
84	77		expire on the earlier of:
85	78		(1) the date permanent directors are elected under
86	79		Section 7974.003; or
87	80		(2) the fourth anniversary of the date of the
88	81		appointment or reappointment.
89	82		(d) If Subsection (c) applies, the owner or owners of a
90	83		majority of the assessed value of the real property in the district
91	84		may submit a petition to the commission requesting that the
92	85		commission appoint as successor temporary directors the five
93	86		persons named in the petition. The commission shall appoint as
94	87		successor temporary directors the five persons named in the
95	88		petition.
96	89		SUBCHAPTER C. POWERS AND DUTIES
97	90		Sec. 7974.101. GENERAL POWERS AND DUTIES. The district has
98	91		the powers and duties necessary to accomplish the purposes for
99	92		which the district is created.
100	93		Sec. 7974.102. MUNICIPAL UTILITY DISTRICT POWERS AND
101	94		DUTIES. The district has the powers and duties provided by the
102	95		general law of this state, including Chapters 49 and 54, Water Code,
103	96		applicable to municipal utility districts created under Section 59,
104	97		Article XVI, Texas Constitution.
105	98		Sec. 7974.103. AUTHORITY FOR ROAD PROJECTS. Under Section
106	99		52, Article III, Texas Constitution, the district may design,
107	100		acquire, construct, finance, issue bonds for, improve, operate,
108	101		maintain, and convey to this state, a county, or a municipality for
109	102		operation and maintenance macadamized, graveled, or paved roads, or
110	103		improvements, including storm drainage, in aid of those roads.
111	104		Sec. 7974.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
112	105		project must meet all applicable construction standards, zoning and
113	106		subdivision requirements, and regulations of each municipality in
114	107		whose corporate limits or extraterritorial jurisdiction the road
115	108		project is located.
116	109		(b) If a road project is not located in the corporate limits
117	110		or extraterritorial jurisdiction of a municipality, the road
118	111		project must meet all applicable construction standards,
119	112		subdivision requirements, and regulations of each county in which
120	113		the road project is located.
121	114		(c) If the state will maintain and operate the road, the
122	115		Texas Transportation Commission must approve the plans and
123	116		specifications of the road project.
124	117		Sec. 7974.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
125	118		OR RESOLUTION. The district shall comply with all applicable
126	119		requirements of any ordinance or resolution that is adopted under
127	120		Section 54.016 or 54.0165, Water Code, and that consents to the
128	121		creation of the district or to the inclusion of land in the
129	122		district.
130	123		Sec. 7974.106. DIVISION OF DISTRICT. (a) The district may
131	124		be divided into two or more new districts only if the district:
132	125		(1) has no outstanding bonded debt; and
133	126		(2) is not imposing ad valorem taxes.
134	127		(b) This chapter applies to any new district created by the
135	128		division of the district, and a new district has all the powers and
136	129		duties of the district.
137	130		(c) Any new district created by the division of the district
138	131		may not, at the time the new district is created, contain any land
139	132		outside the area described by Section 2 of the Act enacting this
140	133		chapter.
141	134		(d) The board, on its own motion or on receipt of a petition
142	135		signed by the owner or owners of a majority of the assessed value of
143	136		the real property in the district, may adopt an order dividing the
144	137		district.
145	138		(e) The board may adopt an order dividing the district
146	139		before or after the date the board holds an election under Section
147	140		7974.003 to confirm the district's creation.
148	141		(f) An order dividing the district must:
149	142		(1) name each new district;
150	143		(2) include the metes and bounds description of the
151	144		territory of each new district;
152	145		(3) appoint temporary directors for each new district;
153	146		and
154	147		(4) provide for the division of assets and liabilities
155	148		between or among the new districts.
156	149		(g) On or before the 30th day after the date of adoption of
157	150		an order dividing the district, the district shall file the order
158	151		with the commission and record the order in the real property
159	152		records of each county in which the district is located.
160	153		(h) Any new district created by the division of the district
161	154		shall hold a confirmation and directors' election as required by
162	155		Section 7974.003.
163	156		(i) Municipal consent to the creation of the district and to
164	157		the inclusion of land in the district granted under Section
165	158		7974.004 acts as municipal consent to the creation of any new
166	159		district created by the division of the district and to the
167	160		inclusion of land in the new district.
168	161		(j) Any new district created by the division of the district
169	162		must hold an election as required by this chapter to obtain voter
170	163		approval before the district may impose a maintenance tax or issue
171	164		bonds payable wholly or partly from ad valorem taxes.
172	165		(k) If the creation of the new district is confirmed, the
173	166		new district shall provide the election date and results to the
174	167		commission.
175	168		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
176	169		Sec. 7974.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
177	170		district may issue, without an election, bonds and other
178	171		obligations secured by:
179	172		(1) revenue other than ad valorem taxes; or
180	173		(2) contract payments described by Section 7974.153.
181	174		(b) The district must hold an election in the manner
182	175		provided by Chapters 49 and 54, Water Code, to obtain voter approval
183	176		before the district may impose an ad valorem tax or issue bonds
184	177		payable from ad valorem taxes.
185	178		(c) The district may not issue bonds payable from ad valorem
186	179		taxes to finance a road project unless the issuance is approved by a
187	180		vote of a two-thirds majority of the district voters voting at an
188	181		election held for that purpose.
189	182		Sec. 7974.152. OPERATION AND MAINTENANCE TAX. (a) If
190	183		authorized at an election held under Section 7974.151, the district
191	184		may impose an operation and maintenance tax on taxable property in
192	185		the district in accordance with Section 49.107, Water Code.
193	186		(b) The board shall determine the tax rate. The rate may not
194	187		exceed the rate approved at the election.
195	188		Sec. 7974.153. CONTRACT TAXES. (a) In accordance with
196	189		Section 49.108, Water Code, the district may impose a tax other than
197	190		an operation and maintenance tax and use the revenue derived from
198	191		the tax to make payments under a contract after the provisions of
199	192		the contract have been approved by a majority of the district voters
200	193		voting at an election held for that purpose.
201	194		(b) A contract approved by the district voters may contain a
202	195		provision stating that the contract may be modified or amended by
203	196		the board without further voter approval.
204	197		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
205	198		Sec. 7974.201. AUTHORITY TO ISSUE BONDS AND OTHER
206	199		OBLIGATIONS. The district may issue bonds or other obligations
207	200		payable wholly or partly from ad valorem taxes, impact fees,
208	201		revenue, contract payments, grants, or other district money, or any
209	202		combination of those sources, to pay for any authorized district
210	203		purpose.
211	204		Sec. 7974.202. TAXES FOR BONDS. At the time the district
212	205		issues bonds payable wholly or partly from ad valorem taxes, the
213	206		board shall provide for the annual imposition of a continuing
214	207		direct ad valorem tax, without limit as to rate or amount, while all
215	208		or part of the bonds are outstanding as required and in the manner
216	209		provided by Sections 54.601 and 54.602, Water Code.
217	210		Sec. 7974.203. BONDS FOR ROAD PROJECTS. At the time of
218	211		issuance, the total principal amount of bonds or other obligations
219	212		issued or incurred to finance road projects and payable from ad
220	213		valorem taxes may not exceed one-fourth of the assessed value of the
221	214		real property in the district.
222	215		SECTION 2. The Montgomery County Municipal Utility District
223	216		No. 154 initially includes all the territory contained in the
224	217		following area:
225	218		TRACT 1
226	219		A METES AND BOUNDS description of a 279.07 acre tract of land
227	220		situated in the Edward Taylor Survey, Abstract Number 554,
228	221		Montgomery County, Texas; being all of a called 279.65 acre tract
229	222		conveyed to Mitchell Energy Corporation by Surface Deed and
230	223		Subsurface Easement dated January 1, 1995 and filed for record
231	224		under Clerk's File No. 9509774 of the Montgomery County Official
232	225		Public Records of Real Property; said 279.07 acres being more
233	226		particularly described as follows with all bearing based on the
234	227		Texas Coordinate System of 1983, Central Zone:
235	228		BEGINNING at a found 1/2-inch iron rod in the apparent west
236	229		right-of-way of Cripple Creek Drive North, for an angle corner in
237	230		the north line of Lot 1 of Galleria Oaks Estates as shown on a plat
238	231		filed for record in Cabinet B, Sheet 79 of the Montgomery County Map
239	232		Records and the southeast corner of said 279.65 acres, same being
240	233		the southeast corner of the herein described tract, from which a
241	234		found 1/2-inch iron rod bears North 77°23'58" East, 38.23 feet;
242	235		THENCE, South 86°25'45" West, along the north line of Lots 1-
243	236		7 of said Galleria Oaks Estates and the south line of said 279.65
244	237		acres, passing a found 1-inch iron pipe at 244.84 feet, a found axle
245	238		at 544.26 feet, 5.56 feet right, a found 8-inch by 8-inch concrete
246	239		monument at 544.89 feet, 4.90 feet right, and a found 1-inch iron
247	240		pipe at 1170.28 feet, continuing for a total distance of 1988.05
248	241		feet (called 1997.31) to a set 3/4-inch iron rod (with cap stamped
249	242		"JonesCarter Property Corner") in the northeast right-of-way of
250	243		the Union Pacific Railroad (formerly I & G.N. Railroad Company)
251	244		(width varies) filed for record under Volume 26, Page 351 of the
252	245		Montgomery County Deed Records, for the south corner of the herein
253	246		described tract, from which a found 8-inch by 8-inch concrete
254	247		monument bears South 86°25'45" West, 9.14 feet;
255	248		THENCE, along the northeast right-of-way of the said Union
256	249		Pacific Railroad and the southwest line of the herein described
257	250		tract the following five (5) courses and distances:
258	251		1. North 59°15'02" West, 1127.60 feet, departing the
259	252		north line of said Lot 7, to a set 3/4-inch iron rod (with cap
260	253		stamped "JonesCarter Property Corner");
261	254		2. North 30°44'58" East, 25.00 feet to a set 3/4-inch
262	255		iron rod (with cap stamped "JonesCarter Property Corner");
263	256		3. North 59°15'02" West, 600.00 feet to a set 3/4-inch
264	257		iron rod (with cap stamped "JonesCarter Property Corner");
265	258		4. South 30°44'58" West, 25.00 feet to a set 3/4-inch
266	259		iron rod (with cap stamped "JonesCarter Property Corner");
267	260		5. North 59°15'02" West, 1371.85 feet to a set 3/4-inch
268	261		iron rod (with cap stamped "JonesCarter Property Corner") in the
269	262		south line of a called 139.384 acre tract conveyed to Norma Helen
270	263		Schoessow by Special Warranty Deed dated October 23, 1995 and filed
271	264		for record under Clerk's File No. 9559657 of the Montgomery County
272	265		Official Public Records of Real Property, for the west corner of the
273	266		herein described tract, from which a found 8-inch by 8-inch
274	267		concrete monument bears South 87°11'00" East, 8.79 feet;
275	268		THENCE, North 87°11'00" East, 2105.63 feet (called 2114.59
276	269		feet), departing the northeast right-of-way of the said Union
277	270		Pacific Railroad, along the south line of said 139.384 acres, a
278	271		north line of said 279.65 acres, and a north line of the herein
279	272		described tract to a found 8-inch by 8-inch concrete monument, for
280	273		an angle corner for said 139.384 acres, said 279.65 acres, and the
281	274		herein described tract;
282	275		THENCE, North 32°44'24" East, along the southeast line of said
283	276		139.384 acres, the northwest line of said 279.65 acres, and the
284	277		northwest line of the herein described tract, passing a found
285	278		1/2-inch iron rod (bent) at 2037.03 feet, 4.74 feet right,
286	279		continuing for a total distance of 2056.48 feet to a found 1-inch
287	280		pinched top pipe, for an angle corner for said 139.384 acres, said
288	281		279.65 acres, and the herein described tract;
289	282		THENCE, North 02°29'44" West, 2678.96 feet (called 2681.84
290	283		feet) along the east line of said 139.384 acres, the west line of
291	284		said 279.65 acres, and the west line of the herein described tract
292	285		to a found 8-inch by 8-inch concrete monument in the south line of a
293	286		called 77.051 acre tract conveyed to Susan Halstead, Vincent S.
294	287		Halstead, Steven B. Schoessow, Clarice J. Fore, Curtis F.
295	288		Schoessow, Douglas P. Schoessow, Jana B. McNeil and Adrianne Leigh
296	289		Fore by Gift Deed dated October 10, 2014 and filed for record under
297	290		Clerk's File No. 2014100067 of the Montgomery County Official
298	291		Public Records of Real Property, for the northeast corner of said
299	292		139.384 acres and the northwest corner of said 279.65 acres, same
300	293		being the northwest corner of the herein described tract, from
301	294		which a found 1/2-inch iron pipe bears North 01°41'45" East, 0.61
302	295		feet;
303	296		THENCE, North 86°56'34" East, along the south line of said
304	297		77.051 acres, the north line of said 279.65 acres, and the north
305	298		line of the herein described tract, passing a found 1-inch pinched
306	299		top pipe at 298.14 feet, continuing along the north line of said
307	300		279.65 acres and the north line of the herein described tract for a
308	301		total distance of 715.80 feet to a set 3/4-inch iron rod (with cap
309	302		stamped "JonesCarter Property Corner") for an angle corner;
310	303		THENCE, North 86°38'34" East, 561.72 feet (called 561.50
311	304		feet), continuing along the north line of said 279.65 acres and the
312	305		north line of the herein described tract to a found 1/2-inch iron
313	306		pipe in the apparent east line of the Edward Taylor Survey, Abstract
314	307		Number 554 and the apparent west line of the Leander Wescott Survey,
315	308		Abstract Number 616, for the southeast corner of a called 10 acre
316	309		tract conveyed to Axe Em Investments, L.P. by Special Warranty Deed
317	310		dated October 1, 2003 and filed for record under Clerk's File
318	311		No. 2003-134286 of the Montgomery County Official Public Records of
319	312		Real Property and the northeast corner of said 279.65 acres, same
320	313		being the northeast corner of the herein described tract, from
321	314		which a found 1/2-inch iron rod bears North 03°18'03" West, 941.08
322	315		feet;
323	316		THENCE, South 02°35'38" East, along the apparent east line of
324	317		the Edward Taylor Survey, Abstract Number 554, the apparent west
325	318		line of the Leander Wescott Survey, Abstract Number 616, the east
326	319		line of said 279.65 acres and the east line of the herein described
327	320		tract, passing a found 1/2-inch iron pipe at a distance of 2090.96
328	321		feet, 12.71 feet right, a found 5/8-inch iron rod at a distance of
329	322		2094.87 feet, 12.74 feet right and a found 3/4-inch iron rod (with
330	323		cap stamped "JonesCarter Property Corner") (previously set for
331	324		survey of adjoining acreage) at a distance of 2107.96 feet,
332	325		continuing along apparent east line of the Edward Taylor Survey,
333	326		Abstract Number 554, the apparent west line of the Robin George
334	327		Survey, Abstract Number 470, the apparent west line of the Leander
335	328		Wescott Survey, Abstract Number 615, the west line of Block 4 of
336	329		Cripple Creek Farms North Section Three (an unrecorded
337	330		subdivision), the east line of said 279.65 acres and the east line
338	331		of the herein described tract, same being the common line of a
339	332		Boundary Agreement dated August 11, 1958 filed for record in Volume
340	333		458, Page 386 of the Montgomery County Deed Records, passing a found
341	334		1/2-inch iron pipe at a distance of 2978.61 feet, 4.46 feet right, a
342	335		found 1/2-inch iron pipe at a distance of 3178.70 feet, 4.50 feet
343	336		right, a found 5/8-inch iron rod at a distance of 3408.76 feet, 4.96
344	337		feet right, a found 1/2-inch iron pipe at a distance of 3638.37
345	338		feet, 5.76 feet right, a found 1/2-inch iron pipe at a distance of
346	339		3846.97 feet, 5.42 feet right, a found 1/2-inch iron pipe at a
347	340		distance of 4046.44 feet, 4.77 feet right, a found 3/4-inch iron rod
348	341		at a distance of 4246.56 feet, 4.32 feet right, a found 1/2-inch
349	342		iron pipe at a distance of 4446.96 feet, 5.22 feet right, a found
350	343		1/2-inch iron pipe at a distance of 4646.61 feet, 6.40 feet right, a
351	344		found 5/8-inch iron rod at a distance of 4845.95 feet, 6.30 feet
352	345		right, a found 1/2-inch iron pipe at a distance of 5044.96 feet,
353	346		6.79 feet right, a found 1/2-inch iron pipe at a distance of 5644.64
354	347		feet, 6.54 feet right, a found 1/4-inch iron pipe at a distance of
355	348		5665.25 feet, 7.16 feet right, a found 5/8-inch iron rod at a
356	349		distance of 5665.30 feet, 6.86 feet right, continuing for a total
357	350		distance of 6047.81 feet (called 6051.88 feet) to the POINT OF
358	351		BEGINNING, CONTAINING 279.07 acres of land in Montgomery County,
359	352		Texas, as shown on drawing number 9629-A.
360	353		TRACT 2
361	354		A METES AND BOUNDS description of a 842.23 acre tract of land
362	355		situated in the Charles Frazier Survey, Abstract Number 206, the
363	356		Andrew J. Hensley Survey, Abstract Number 255, the Azariah Prather
364	357		Survey, Abstract Number 427 and the Leander Wescott Survey,
365	358		Abstract Number 616, Montgomery County, Texas; being out of and a
366	359		part of a called 881.183 acre tract (Tract 1) conveyed to Mitchell
367	360		Energy Corporation by Special Warranty Deed dated July 31, 1997 and
368	361		filed for record under Clerk's File No. 9746155 of the Montgomery
369	362		County Official Public Records of Real Property; said 842.23 acres
370	363		being more particularly described as follows with all bearings
371	364		based on the Texas Coordinate System of 1983, Central Zone:
372	365		BEGINNING at a found 3-inch iron pipe for the north corner
373	366		Greentree Forest Estates (an Unrecorded Subdivision), same being an
374	367		interior corner of the herein described tract;
375	368		THENCE, South 42°47'48" West, along the northwest line of said
376	369		Greentree Forest Estates and a southeast line of said 881.183
377	370		acres, passing a found 5/8-inch iron rod at 256.52 feet, a found
378	371		1/2-inch iron rod at 374.49 feet, 0.17 feet left, a found 5/8-inch
379	372		iron rod at 847.40 feet, a found 5/8-inch iron rod at 965.59 feet,
380	373		0.38 feet right, a found 1/2-inch iron rod at 1202.01 feet, a found
381	374		1/2-inch iron rod at 1442.52 feet, 1.05 feet right, a found 5/8-inch
382	375		iron rod at 1686.50 feet and a found 1/2-inch iron rod at 1921.45
383	376		feet, continuing for a total distance of 2155.95 feet (called
384	377		2155.95 feet) to a set 3/4-inch iron rod (with cap stamped
385	378		"JonesCarter Property Corner") in the northeast line of called
386	379		4.615 acre tract, known as Tract 17, Block 4 of Cripple Creek Farms
387	380		North Section Three (an unrecorded subdivision), conveyed to Larry
388	381		Dan McQuerry and wife, Mary Margaret McQuerry by General Warranty
389	382		Deed dated April 2, 1980 and filed for record under Clerk's File
390	383		No. 8011618 of the Montgomery County Official Public Records of
391	384		Real Property, for a southwest corner of the herein described
392	385		tract, from which a found 1/2-inch iron rod bears South 47°45'18"
393	386		East, 171.07 feet;
394	387		THENCE, North 47°25'32" West, 433.31 feet (called 1246.42
395	388		feet), departing the northwest line of said Greentree Forest
396	389		Estates, along the northeast line of said 4.615 acres and a
397	390		southwest line of said 881.183 acres to a set 3/4-inch iron rod
398	391		(with cap stamped "JonesCarter Property Corner") in the east line
399	392		of a called 279.65 acre tract conveyed to Mitchell Energy
400	393		Corporation by Surface Deed and Subsurface Easement dated January
401	394		1, 1995 and file for record under Clerk's File No. 9509774 of the
402	395		Montgomery County Official Public Records of Real Property, same
403	396		being the apparent east line of the Edward Taylor Survey, Abstract
404	397		Number 554 and the apparent west line of the Leander Wescott Survey,
405	398		Abstract Number 616, from which found 3-1/2" iron pipe bears North
406	399		47°25'32" West, 812.94 feet, and a found 1/2-inch iron rod bears
407	400		South 02°35'38" East, 3939.85 feet;
408	401		THENCE, North 02°35'38" West, departing the northeast line of
409	402		said 4.615 acres, along the east line of said 279.65 acres, the
410	403		apparent east line of the Edward Taylor Survey, Abstract Number 554
411	404		and the apparent west line of the Leander Wescott Survey, Abstract
412	405		Number 616, passing a 5/8-inch iron rod at 13.09 feet, 12.74 feet
413	406		left and a found 1/2-inch iron pipe at 17.01 feet, 12.71 feet left,
414	407		continuing for a total distance of 2107.96 feet to a found 1/2-inch
415	408		iron pipe for the southeast corner of a called 10 acre tract
416	409		conveyed to Axe Em Investments, L.P. by Special Warranty Deed dated
417	410		October 1, 2003 and filed for record under Clerk's File
418	411		No. 2003-134286 of the Montgomery County Official Public Records of
419	412		Real Property, the northeast corner of said 279.65 acres and an
420	413		angle point in the west line of the herein described tract, from
421	414		which a found 3/4-inch iron rod (with cap stamped "JonesCarter
422	415		Property Corner") bears South 86°38'34" West, 561.72 feet;
423	416		THENCE, North 03°18'03" West, continuing along the apparent
424	417		east line of the Edward Taylor Survey, Abstract Number 554, the
425	418		apparent west line of the Leander Wescott Survey, Abstract Number
426	419		616, and the east line of said 10 acres, passing a 1/2-inch iron rod
427	420		at 220.99 feet, continuing along the east line of said 10 acres, the
428	421		east line of a called 5 acre tract and another called 10 acre tract
429	422		(hereinafter referred to as "northern 10 acres"), both conveyed to
430	423		Axe Em Investments, L.P. by Special Warranty Deed dated October 1,
431	424		2003 and filed for record under Clerk's File No. 2003-134286 of the
432	425		Montgomery County Official Public Records of Real Property for a
433	426		total distance of 941.08 feet to a found 1/2-inch iron rod in the
434	427		north line of said 881.183 acres for an angle point in the south
435	428		line of a called 757.02 acre tract ("Tract III") conveyed to 1488
436	429		Corp. by Special Warranty Deed dated December 29, 2015 and filed for
437	430		record under Clerk's File No. 2016002467 of the Montgomery County
438	431		Official Public Records of Real Property, same being the northwest
439	432		corner of the herein described tract, from which a found axle bears
440	433		North 48°48'43" West, 728.19 feet and a found 3/4-inch pinched top
441	434		pipe bears North 03°04'57" West, 1286.89 feet;
442	435		THENCE, departing the east line of said northern 10 acres,
443	436		the apparent east line of the Edward Taylor Survey, Abstract Number
444	437		554 and the apparent west line of the Leander Wescott Survey,
445	438		Abstract Number 616, along the south line of said 757.02 acres and
446	439		the north line of said 881.183 acres the following six (6) courses
447	440		and distances:
448	441		1. South 48°52'00" East, 593.66 feet (called 1321.86
449	442		feet) to a found 3-inch iron pipe for an angle point;
450	443		2. North 42°00'28" East, 807.36 feet (called 807.98
451	444		feet) to a found 3-inch iron pipe;
452	445		3. North 43°20'46" East, 781.14 feet (called 779.36
453	446		feet) to a found 3/4-inch iron pipe;
454	447		4. North 41°41'25" East, 1538.43 feet (called 1540.14
455	448		feet) to a found 3-inch iron pipe;
456	449		5. North 42°24'04" East, 777.81 feet (called 778.99
457	450		feet) to a found 1/2-inch iron rod;
458	451		6. North 42°15'57" East, 706.71 feet (called 710.25
459	452		feet) to a point in the centerline of Mill Creek, for the west
460	453		corner of a called 6.11186 acre tract, known as Tract 12 of Wildwood
461	454		Estates (an unrecorded subdivision), conveyed to John M. Burdick
462	455		and wife, Sandra A. Burdick by Warranty Deed dated October 14, 1991
463	456		and file for record under Clerk's File No. 9148107 of the
464	457		Montgomery County Official Public Records of Real Property, same
465	458		being the north corner of said 881.183 acres and the herein
466	459		described tract, from which a found 1-inch iron pipe bears North
467	460		42°15'57" East, 1881.50 feet;
468	461		THENCE, departing the south line of said 757.02 acres, along
469	462		the centerline meanders of said Mill Creek, same being the east line
470	463		of said 881.183 acres, the following two-hundred and forty-six
471	464		(246) courses and distances:
472	465		1. South 12°18'18" East, 20.94 feet to a point;
473	466		2. South 22°23'59" East, 74.66 feet to a point;
474	467		3. South 42°53'52" West, 46.44 feet to a point;
475	468		4. South 36°58'56" West, 46.01 feet to a point;
476	469		5. South 09°52'55" East, 37.33 feet to a point;
477	470		6. North 87°56'29" East, 80.12 feet to a point;
478	471		7. South 45°12'31" East, 17.10 feet to a point;
479	472		8. South 10°52'22" East, 26.87 feet to a point;
480	473		9. South 02°05'39" East, 26.13 feet to a point;
481	474		10. South 12°44'29" East, 19.29 feet to a point;
482	475		11. South 04°45'43" West, 43.16 feet to a point;
483	476		12. South 35°59'36" East, 36.12 feet to a point;
484	477		13. South 09°16'25" West, 32.54 feet to a point;
485	478		14. South 12°40'55" West, 171.14 feet to a point;
486	479		15. South 06°14'53" East, 70.78 feet to a point;
487	480		16. South 41°23'52" East, 61.54 feet to a point;
488	481		17. South 14°42'38" East, 130.27 feet to a point;
489	482		18. South 23°55'53" East, 126.21 feet to a point;
490	483		19. South 10°03'51" East, 50.67 feet to a point;
491	484		20. South 36°50'20" East, 107.39 feet to a point;
492	485		21. South 10°43'38" East, 60.21 feet to a point;
493	486		22. South 21°14'15" West, 153.28 feet to a point;
494	487		23. South 22°33'14" West, 58.07 feet to a point;
495	488		24. South 05°35'01" West, 20.25 feet to a point;
496	489		25. South 61°22'44" East, 38.41 feet to a point;
497	490		26. South 69°02'33" East, 58.99 feet to a point;
498	491		27. South 12°12'50" East, 124.16 feet to a point;
499	492		28. South 32°31'48" East, 44.10 feet to a point;
500	493		29. South 57°36'47" East, 61.05 feet to a point;
501	494		30. South 53°27'39" East, 56.94 feet to a point;
502	495		31. South 33°14'19" East, 97.80 feet to a point;
503	496		32. South 21°00'11" East, 47.88 feet to a point;
504	497		33. South 00°14'08" West, 9.48 feet to a point;
505	498		34. South 35°38'34" West, 15.42 feet to a point;
506	499		35. South 05°09'49" West, 35.23 feet to a point;
507	500		36. South 41°24'16" East, 29.71 feet to a point;
508	501		37. South 59°26'29" East, 22.32 feet to a point;
509	502		38. South 69°02'33" East, 324.70 feet to a point;
510	503		39. South 85°20'52" East, 48.71 feet to a point;
511	504		40. North 78°12'44" East, 26.46 feet to a point;
512	505		41. North 42°26'02" East, 37.26 feet to a point;
513	506		42. North 09°57'57" East, 21.44 feet to a point;
514	507		43. North 71°11'45" West, 44.32 feet to a point;
515	508		44. North 43°20'43" West, 8.72 feet to a point;
516	509		45. North 01°04'41" West, 22.38 feet to a point;
517	510		46. North 21°27'17" East, 14.55 feet to a point;
518	511		47. North 35°12'16" East, 57.34 feet to a point;
519	512		48. South 40°49'24" East, 26.21 feet to a point;
520	513		49. South 26°33'49" East, 19.14 feet to a point;
521	514		50. South 78°44'47" East, 39.61 feet to a point;
522	515		51. South 42°37'50" East, 117.76 feet to a point;
523	516		52. South 63°31'02" East, 54.42 feet to a point;
524	517		53. North 86°22'35" East, 14.48 feet to a point;
525	518		54. South 83°23'38" East, 50.81 feet to a point;
526	519		55. South 41°53'26" East, 37.41 feet to a point;
527	520		56. South 10°42'29" East, 156.83 feet to a point;
528	521		57. South 50°37'37" East, 26.55 feet to a point;
529	522		58. South 35°05'48" East, 74.85 feet to a point;
530	523		59. South 34°45'59" East, 50.28 feet to a point;
531	524		60. South 63°14'51" East, 163.53 feet to a point;
532	525		61. South 87°53'24" East, 20.12 feet to a point;
533	526		62. North 48°15'22" East, 95.09 feet to a point;
534	527		63. South 57°40'49" East, 12.18 feet to a point;
535	528		64. South 55°52'46" East, 39.03 feet to a point;
536	529		65. South 30°38'19" East, 13.33 feet to a point;
537	530		66. South 17°12'36" East, 20.13 feet to a point;
538	531		67. South 54°53'29" East, 145.28 feet to a point;
539	532		68. South 66°39'02" East, 56.87 feet to a point;
540	533		69. South 75°44'05" East, 87.52 feet to a point;
541	534		70. South 58°53'21" East, 90.35 feet to a point;
542	535		71. North 88°28'59" East, 42.27 feet to a point;
543	536		72. South 56°16'37" East, 181.99 feet to a point;
544	537		73. South 40°53'21" East, 125.58 feet to a point;
545	538		74. South 31°26'40" West, 50.99 feet to a point;
546	539		75. South 28°10'18" West, 24.21 feet to a point;
547	540		76. South 77°29'22" East, 19.73 feet to a point;
548	541		77. South 50°09'42" East, 96.47 feet to a point;
549	542		78. South 56°32'41" East, 38.23 feet to a point;
550	543		79. South 54°49'44" East, 31.98 feet to a point;
551	544		80. North 77°40'42" East, 30.26 feet to a point;
552	545		81. North 80°05'57" East, 64.03 feet to a point;
553	546		82. South 66°03'01" East, 290.35 feet to a point;
554	547		83. South 63°25'23" East, 170.62 feet to a point;
555	548		84. South 62°41'27" East, 181.12 feet to a point;
556	549		85. South 49°53'40" East, 59.94 feet to a point;
557	550		86. South 39°07'27" East, 46.28 feet to a point;
558	551		87. South 05°14'20" West, 92.52 feet to a point;
559	552		88. South 63°37'44" West, 38.32 feet to a point;
560	553		89. South 46°52'08" West, 17.69 feet to a point;
561	554		90. South 30°30'24" West, 32.48 feet to a point;
562	555		91. South 52°08'30" West, 30.87 feet to a point;
563	556		92. North 88°59'43" West, 56.63 feet to a point;
564	557		93. South 40°10'42" West, 137.98 feet to a point;
565	558		94. South 17°29'36" West, 77.42 feet to a point;
566	559		95. South 00°37'28" East, 30.27 feet to a point;
567	560		96. South 83°36'36" East, 64.24 feet to a point;
568	561		97. South 86°39'20" East, 105.45 feet to a point;
569	562		98. South 46°06'16" East, 176.19 feet to a point;
570	563		99. South 56°22'42" East, 61.38 feet to a point;
571	564		100. South 53°51'41" East, 64.61 feet to a point;
572	565		101. North 46°16'54" East, 19.60 feet to a point;
573	566		102. North 42°53'51" East, 33.81 feet to a point;
574	567		103. North 81°54'47" East, 105.65 feet to a point;
575	568		104. South 78°49'30" East, 53.59 feet to a point;
576	569		105. South 39°53'14" East, 18.21 feet to a point;
577	570		106. South 27°02'07" East, 57.44 feet to a point;
578	571		107. South 40°36'08" East, 83.23 feet to a point;
579	572		108. South 36°14'03" East, 104.79 feet to a point;
580	573		109. South 21°55'33" West, 120.32 feet to a point;
581	574		110. South 45°28'18" West, 24.82 feet to a point;
582	575		111. North 87°16'18" West, 60.19 feet to a point;
583	576		112. South 04°03'57" West, 40.49 feet to a point;
584	577		113. South 19°30'55" West, 113.56 feet to a point;
585	578		114. South 17°09'33" West, 26.63 feet to a point;
586	579		115. South 06°32'51" West, 52.58 feet to a point;
587	580		116. South 48°03'00" East, 198.07 feet to a point;
588	581		117. South 78°07'22" East, 39.83 feet to a point;
589	582		118. South 45°15'38" East, 108.53 feet to a point;
590	583		119. South 15°27'32" East, 74.05 feet to a point;
591	584		120. South 29°42'12" East, 187.05 feet to a point;
592	585		121. South 10°51'23" East, 98.64 feet to a point;
593	586		122. South 13°57'22" West, 16.81 feet to a point;
594	587		123. South 05°41'13" East, 152.49 feet to a point;
595	588		124. South 04°31'17" East, 117.06 feet to a point;
596	589		125. South 04°48'51" West, 67.94 feet to a point;
597	590		126. South 20°51'03" West, 86.27 feet to a point;
598	591		127. South 48°35'35" West, 63.11 feet to a point;
599	592		128. South 48°58'11" West, 27.31 feet to a point;
600	593		129. South 41°19'59" West, 147.94 feet to a point;
601	594		130. South 16°43'24" West, 51.25 feet to a point;
602	595		131. South 38°48'25" West, 129.88 feet to a point;
603	596		132. South 48°43'18" West, 33.26 feet to a point;
604	597		133. South 49°33'27" West, 63.28 feet to a point;
605	598		134. South 34°02'23" West, 138.93 feet to a point;
606	599		135. South 43°19'50" West, 77.02 feet to a point;
607	600		136. South 21°42'27" East, 21.32 feet to a point;
608	601		137. South 19°31'50" East, 69.55 feet to a point;
609	602		138. South 10°43'23" East, 164.23 feet to a point;
610	603		139. South 50°46'56" East, 96.05 feet to a point;
611	604		140. South 38°12'17" East, 124.95 feet to a point;
612	605		141. South 14°25'39" East, 40.20 feet to a point;
613	606		142. South 04°53'50" East, 123.95 feet to a point;
614	607		143. South 32°39'47" East, 115.61 feet to a point;
615	608		144. South 15°59'49" East, 145.05 feet to a point;
616	609		145. South 44°34'59" East, 144.65 feet to a point;
617	610		146. South 62°03'10" East, 95.40 feet to a point;
618	611		147. South 79°38'44" East, 72.91 feet to a point;
619	612		148. South 10°24'52" East, 229.66 feet to a point;
620	613		149. North 68°22'11" West, 80.47 feet to a point;
621	614		150. South 07°25'05" East, 48.42 feet to a point;
622	615		151. South 02°41'47" West, 198.27 feet to a point;
623	616		152. South 43°12'25" West, 88.27 feet to a point;
624	617		153. South 51°53'13" West, 53.80 feet to a point;
625	618		154. South 46°45'22" East, 42.20 feet to a point;
626	619		155. South 61°43'29" East, 161.36 feet to a point;
627	620		156. South 28°19'40" East, 101.12 feet to a point;
628	621		157. South 32°48'06" East, 144.76 feet to a point;
629	622		158. South 50°37'24" East, 51.47 feet to a point;
630	623		159. South 28°01'42" East, 126.58 feet to a point;
631	624		160. South 38°57'45" East, 107.31 feet to a point;
632	625		161. South 50°24'34" East, 71.71 feet to a point;
633	626		162. South 09°29'22" East, 212.34 feet to a point;
634	627		163. South 00°20'59" West, 132.90 feet to a point;
635	628		164. South 19°40'54" East, 86.34 feet to a point;
636	629		165. South 14°58'26" West, 140.70 feet to a point;
637	630		166. South 10°08'09" West, 74.76 feet to a point;
638	631		167. South 53°21'21" West, 115.04 feet to a point;
639	632		168. South 27°54'49" West, 62.71 feet to a point;
640	633		169. South 34°48'30" East, 61.40 feet to a point;
641	634		170. South 66°20'22" East, 141.85 feet to a point;
642	635		171. South 72°53'56" East, 64.16 feet to a point;
643	636		172. South 80°40'10" East, 93.92 feet to a point;
644	637		173. North 88°21'42" East, 215.53 feet to a point;
645	638		174. North 72°22'13" East, 72.02 feet to a point;
646	639		175. North 30°33'22" East, 51.13 feet to a point;
647	640		176. North 53°06'11" East, 67.65 feet to a point;
648	641		177. South 89°23'41" East, 60.02 feet to a point;
649	642		178. North 69°42'48" East, 89.16 feet to a point;
650	643		179. North 84°21'21" East, 28.12 feet to a point;
651	644		180. South 65°03'29" East, 63.15 feet to a point;
652	645		181. South 24°31'20" East, 153.15 feet to a point;
653	646		182. South 79°55'10" East, 74.23 feet to a point;
654	647		183. South 30°19'44" East, 69.41 feet to a point;
655	648		184. South 26°36'17" West, 67.33 feet to a point;
656	649		185. South 51°53'55" East, 28.30 feet to a point;
657	650		186. South 48°09'02" East, 20.98 feet to a point;
658	651		187. South 69°54'32" East, 42.71 feet to a point;
659	652		188. South 49°35'02" East, 114.15 feet to a point;
660	653		189. South 61°51'29" East, 70.82 feet to a point;
661	654		190. North 56°45'53" East, 81.24 feet to a point;
662	655		191. North 10°22'42" West, 27.52 feet to a point;
663	656		192. North 44°20'07" West, 46.76 feet to a point;
664	657		193. North 14°23'02" West, 40.60 feet to a point;
665	658		194. North 81°26'55" East, 88.16 feet to a point;
666	659		195. South 81°27'52" East, 225.26 feet to a point;
667	660		196. North 50°13'30" East, 52.21 feet to a point;
668	661		197. South 83°42'53" East, 38.65 feet to a point;
669	662		198. South 53°20'17" East, 54.33 feet to a point;
670	663		199. South 34°41'44" East, 78.36 feet to a point;
671	664		200. South 04°59'36" West, 17.83 feet to a point;
672	665		201. South 75°56'24" West, 26.48 feet to a point;
673	666		202. North 80°06'10" West, 22.44 feet to a point;
674	667		203. South 15°30'22" West, 102.03 feet to a point;
675	668		204. South 77°49'42" West, 77.55 feet to a point;
676	669		205. South 05°43'31" West, 17.16 feet to a point;
677	670		206. South 36°38'48" East, 52.50 feet to a point;
678	671		207. South 22°17'18" West, 18.42 feet to a point;
679	672		208. South 46°04'19" West, 106.13 feet to a point;
680	673		209. South 00°20'40" East, 46.25 feet to a point;
681	674		210. North 86°03'23" East, 65.78 feet to a point;
682	675		211. South 88°15'33" East, 59.39 feet to a point;
683	676		212. South 72°52'21" East, 84.16 feet to a point;
684	677		213. South 22°30'03" East, 31.04 feet to a point;
685	678		214. South 07°37'19" West, 34.13 feet to a point;
686	679		215. South 13°51'28" East, 32.68 feet to a point;
687	680		216. South 42°01'46" East, 82.75 feet to a point;
688	681		217. South 32°57'14" East, 31.07 feet to a point;
689	682		218. South 26°42'20" West, 36.83 feet to a point;
690	683		219. South 51°10'47" West, 104.44 feet to a point;
691	684		220. South 78°09'38" West, 133.44 feet to a point;
692	685		221. North 65°18'54" West, 40.51 feet to a point;
693	686		222. North 20°57'04" West, 19.22 feet to a point;
694	687		223. North 20°58'16" East, 21.54 feet to a point;
695	688		224. North 31°10'24" West, 21.19 feet to a point;
696	689		225. South 86°54'36" West, 98.56 feet to a point;
697	690		226. South 62°17'52" West, 61.48 feet to a point;
698	691		227. South 10°48'36" West, 14.13 feet to a point;
699	692		228. South 68°28'09" West, 146.02 feet to a point;
700	693		229. South 66°50'57" West, 13.98 feet to a point;
701	694		230. South 54°14'31" West, 9.13 feet to a point;
702	695		231. South 28°53'35" West, 47.36 feet to a point;
703	696		232. South 14°53'51" East, 38.67 feet to a point;
704	697		233. South 33°16'15" West, 110.49 feet to a point;
705	698		234. South 25°51'57" West, 87.36 feet to a point;
706	699		235. South 24°40'48" West, 168.46 feet to a point;
707	700		236. South 18°07'49" West, 119.57 feet to a point;
708	701		237. South 07°55'38" West, 73.03 feet to a point;
709	702		238. South 30°22'38" East, 68.89 feet to a point;
710	703		239. South 08°41'13" West, 43.89 feet to a point;
711	704		240. South 20°25'31" West, 64.73 feet to a point;
712	705		241. South 06°48'07" West, 63.29 feet to a point;
713	706		242. South 07°37'07" West, 39.79 feet to a point;
714	707		243. South 28°55'17" West, 36.09 feet to a point;
715	708		244. South 66°13'24" West, 56.17 feet to a point;
716	709		245. South 43°02'27" West, 59.63 feet to a point;
717	710		246. South 13°44'31" West, 6.84 feet to a point in the
718	711		northeast line of Mill Creek Forest as shown on a plat filed for
719	712		record in Volume 5, Page 491 of the Montgomery County Deed Records
720	713		for the most southerly corner of said 881.183 acres and the herein
721	714		described tract;
722	715		THENCE, North 46°43'05" West, departing the centerline
723	716		meanders of said Mill Creek, along the northeast line of said Mill
724	717		Creek Forest, and the southwest line of said 881.183 acres, passing
725	718		a found 1/2-inch iron rod (with cap stamped "Reinke 3971") at 61.41
726	719		feet, continuing for a total distance of 397.79 feet (called
727	720		414.06) to a found 1/2-inch iron rod (with cap stamped "Geomatics
728	721		Inc.") for the north corner of said Mill Creek Forest, and an
729	722		interior corner of said 881.183 acres and the herein described
730	723		tract;
731	724		THENCE, South 43°03'45" West, along the northwest line of said
732	725		Mill Creek Forest and a southeast line of said 881.183 acres,
733	726		passing a found 3/4-inch iron pipe at 104.79 feet, 0.97 feet right,
734	727		continuing for a total distance of 198.18 feet (called 192.78 feet)
735	728		to a set 3/4-inch iron rod (with cap stamped "JonesCarter Property
736	729		Corner") for the east corner of Lot 14, Block 44 of Hazy Hollow East
737	730		Estates Section 7 (an unrecorded subdivision) conveyed to Malcom
738	731		James Johnson by Warranty Deed dated April 5, 1991 and filed for
739	732		record under Clerk's File No. 9230908 of the Montgomery County
740	733		Official Public Records of Real Property, a south corner of said
741	734		881.183 acres and the herein described tract;
742	735		THENCE, departing the northwest line of said Mill Creek
743	736		Forest along the southwest line of said 881.183 acres and the herein
744	737		described tract the following seven (7) courses and distances:
745	738		1. North 47°15'15" West, along the northeast line said
746	739		Hazy Hollow East Estates Section 7, passing a found 3/8-inch iron
747	740		rod at 1321.03 feet, 1.17 feet left, passing a found 1/2-inch iron
748	741		rod at 1429.95 feet, 1.21 feet left, continuing for a total distance
749	742		of 1755.51 feet to an angle point, from which a found 1/2-inch iron
750	743		rod bears North 21°27'43" West 4.22 feet;
751	744		2. North 47°29'30" West, along the northeast line of
752	745		said Hazy Hollow East Estates Section 7 and the northeast line of
753	746		Hazy Hollow East Estates Section 4 (an unrecorded subdivision),
754	747		passing a found 3/8-inch iron rod at 393.30 feet, 1.24 feet right,
755	748		continuing for a total distance of 711.72 feet to a point;
756	749		3. North 47°20'39" West, along the northeast line of
757	750		Hazy Hollow East Estates Section 10 (an unrecorded subdivision),
758	751		passing a found 3/8-inch iron rod at 126.64 feet, 2.16 feet right,
759	752		passing a found 3/8-inch iron rod at 375.33 feet, 1.09 feet right,
760	753		passing a found 3/8-inch iron rod at 499.77 feet, 0.63 feet right,
761	754		continuing for a total distance of 527.41 feet to a point;
762	755		4. North 47°17'20" West, along the northeast line of
763	756		said Hazy Hollow East Estates Section 10, passing a found 5/8-inch
764	757		iron rod at 96.90 feet, 0.38 feet right, a found 1/2-inch iron rod
765	758		(bent) at 289.53 feet, a found 3/8-inch iron rod at 422.16 feet,
766	759		0.24 feet right, a found 1/2-inch iron rod at 554.92 feet, a found
767	760		5/8-inch iron rod at 687.54 feet, a found 3/8-inch iron rod at
768	761		1116.06 feet, 0.31 feet left, a found 3/8-inch iron rod at 1239.11
769	762		feet, 0.41 feet left, a found 3/8-inch iron rod at 1484.87 feet,
770	763		0.98 feet left, a found 3/8-inch iron rod at 1608.04 feet, 1.32 feet
771	764		left, a found 3/8-inch iron rod at 1731.04 feet, 1.21 feet left, a
772	765		found 3/8-inch iron rod at 1854.08 feet, 0.55 feet left, a found
773	766		5/8-inch square iron bar at 1977.47 feet, 0.11 feet right, a found
774	767		5/8-inch square iron bar at 2037.11 feet, 0.36 feet right, a found
775	768		3/8-inch iron rod at 2159.55 feet, 1.03 feet right, a found 1/2-inch
776	769		iron rod (with cap stamped "C&C Surveying") at 2282.80 feet, 0.18
777	770		feet right, a found 1/2-inch iron rod (with cap stamped "C&C
778	771		Surveying") at 2405.70 feet, and a found 3/8-inch iron rod at
779	772		2897.75 feet, 0.13 feet right, continuing for a total distance of
780	773		3015.29 feet to a point;
781	774		5. North 47°22'30" West, along the northeast line of
782	775		Hazy Hollow East Estates Section 11 (an unrecorded subdivision),
783	776		passing a found 3/8-inch iron rod at 5.37 feet, 2.20 feet left, a
784	777		found 3/8-inch iron rod at 128.11 feet, 3.14 feet left, a found
785	778		3/8-inch iron rod at 251.00 feet, 3.59 feet left, a found 3/8-inch
786	779		iron rod at 373.97 feet, 3.79 feet left, a found 3/8-inch iron rod
787	780		at 496.74 feet, 3.70 feet left, a found 3/8-inch iron rod at 619.44
788	781		feet, 3.76 feet left, a found 3/8-inch iron rod at 743.26 feet,
789	782		1.81 feet left, and a found 3/8-inch iron rod at 988.51 feet, 0.13
790	783		feet left, continuing for a total distance of 1784.65 feet to a
791	784		found 1/2-inch iron rod for the north corner of said Hazy Hollow
792	785		East Estates Section 11 and the east corner of Greentree Forest
793	786		Estates (an unrecorded subdivision);
794	787		6. North 47°01'59" West, along the northeast line of
795	788		said Greentree Forest Estates, passing a found 1/2-inch iron rod at
796	789		354.40 feet, passing a found 5/8-inch iron rod at 414.22 feet,
797	790		continuing for a total distance of 498.04 feet to a found 3-1/2-inch
798	791		iron pipe;
799	792		7. North 47°36'37" West, 270.64 feet (called 270.76
800	793		feet) to the POINT OF BEGINNING, CONTAINING 842.23 acres of land in
801	794		Montgomery County, Texas, as shown on drawing number 9630-A.
802	795		SECTION 3. (a) The legal notice of the intention to
803	796		introduce this Act, setting forth the general substance of this
804	797		Act, has been published as provided by law, and the notice and a
805	798		copy of this Act have been furnished to all persons, agencies,
806	799		officials, or entities to which they are required to be furnished
807	800		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
808	801		Government Code.
809	802		(b) The governor, one of the required recipients, has
810	803		submitted the notice and Act to the Texas Commission on
811	804		Environmental Quality.
812	805		(c) The Texas Commission on Environmental Quality has filed
813	806		its recommendations relating to this Act with the governor, the
814	807		lieutenant governor, and the speaker of the house of
815	808		representatives within the required time.
816	809		(d) All requirements of the constitution and laws of this
817	810		state and the rules and procedures of the legislature with respect
818	811		to the notice, introduction, and passage of this Act are fulfilled
819	812		and accomplished.
820	813		SECTION 4. (a) If this Act does not receive a two-thirds
821	814		vote of all the members elected to each house, Subchapter C, Chapter
822	815		7974, Special District Local Laws Code, as added by Section 1 of
823	816		this Act, is amended by adding Section 7974.107 to read as follows:
824	817		Sec. 7974.107. NO EMINENT DOMAIN POWER. The district may
825	818		not exercise the power of eminent domain.
826	819		(b) This section is not intended to be an expression of a
827	820		legislative interpretation of the requirements of Section 17(c),
828	821		Article I, Texas Constitution.
829	822		SECTION 5. This Act takes effect immediately if it receives
830	823		a vote of two-thirds of all the members elected to each house, as
831	824		provided by Section 39, Article III, Texas Constitution. If this
832	825		Act does not receive the vote necessary for immediate effect, this
833	826		Act takes effect September 1, 2017.
834		-	* * * * *
	827	+	______________________________ ______________________________
	828	+	President of the Senate Speaker of the House
	829	+	I certify that H.B. No. 1440 was passed by the House on April
	830	+	20, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
	831	+	voting.
	832	+	______________________________
	833	+	Chief Clerk of the House
	834	+	I certify that H.B. No. 1440 was passed by the Senate on May
	835	+	4, 2017, by the following vote: Yeas 30, Nays 1.
	836	+	______________________________
	837	+	Secretary of the Senate
	838	+	APPROVED: _____________________
	839	+	Date
	840	+	_____________________
	841	+	Governor