1-1     By:  Galloway                                         S.B. No. 1899

 1-2           (In the Senate - Filed March 18, 1997; March 25, 1997, read

 1-3     first time and referred to Committee on Natural Resources;

 1-4     April 21, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 8, Nays 0; April 21, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1899                 By:  Lindsay

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the creation, administration, powers, duties,

1-11     operation, and financing of the Pine Island Bayou Stormwater

1-12     Control District; granting the authority to issue bonds and impose

1-13     taxes; granting the power of eminent domain.

1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-15           SECTION 1.  CREATION; LEGISLATIVE DECLARATION.  (a)  A

1-16     conservation and reclamation district to be known as the Pine

1-17     Island Bayou Stormwater Control District is created in Hardin,

1-18     Jefferson, and Liberty counties, subject to approval at a

1-19     confirmation election under Section 10 of this Act.  The district

1-20     is a governmental agency and a body politic and corporate.

1-21           (b)  The district is created under and is essential to the

1-22     accomplishment of the purposes of Section 59, Article XVI, Texas

1-23     Constitution.

1-24           SECTION 2.  DEFINITION.  In this Act, "district" means the

1-25     Pine Island Bayou Stormwater Control District.

1-26           SECTION 3.  BOUNDARIES.  (a)  The district includes all of

1-27     the territory contained in the following described area:

1-28     BEING 446,912 acres of land lying in Jefferson County, Texas,

1-29     Hardin County, Texas and Liberty County, Texas and being described

1-30     by metes and bounds as follows;

1-31     BEGINNING at the intersection of State Highway 326, also known as

1-32     FM 365, and the Southern Pacific Railroad right-of-way, just east

1-33     of Nome, Texas in Jefferson County, Texas;

1-34     THENCE North 8150'East, with said Southern Pacific Railroad

1-35     right-of-way an approximate distance of 18651 feet to a point at

1-36     the intersection of said Southern Pacific Railroad right-of-way and

1-37     the Lower Neches Valley Authority Canal;

1-38     THENCE with said Lower Neches Valley Authority Canal the following

1-39     forty-four (44) courses and distances;

1-40     (1)  North 2330' East, an approximate distance of 537 feet to a

1-41     point,

1-42     (2)  North 4631' East, an approximate distance of 711 feet to a

1-43     point,

1-44     (3)  North 0701' East, an approximate distance of 378 feet to a

1-45     point,

1-46     (4)  North 2211' West, an approximate distance of 687 feet to a

1-47     point,

1-48     (5)  North 0630' East, an approximate distance of 558 feet to a

1-49     point,

1-50     (6)  North 3113' West, an approximate distance of 458 feet to a

1-51     point,

1-52     (7)  North 2049' West, an approximate distance of 1143 feet to a

1-53     point,

1-54     (8)  North 2154' East, an approximate distance of 1235 feet to a

1-55     point,

1-56     (9)  North 6357' East, an approximate distance of 1065 feet to a

1-57     point,

1-58     (10)  South 8816' East, an approximate distance of 1021 feet to a

1-59     point,

1-60     (11)  South 7119' East, an approximate distance of 1181 feet to a

1-61     point,

1-62     (12)  South 8926' East, an approximate distance of 883 feet to a

1-63     point,

1-64     (13)  North 4501' East, an approximate distance of 3054 feet to a

 2-1     point,

 2-2     (14)  North 3615' East, an approximate distance of 3448 feet to a

 2-3     point,

 2-4     (15)  North 6013' East, an approximate distance of 3637 feet to a

 2-5     point,

 2-6     (16)  North 8506' East, an approximate distance of 5218 feet to a

 2-7     point,

 2-8     (17)  North 5433' East, an approximate distance of 1125 feet to a

 2-9     point,

2-10     (18)  North 2720' East, an approximate distance of 3463 feet to a

2-11     point,

2-12     (19)  North 4039' East, an approximate distance of 1715 feet to a

2-13     point,

2-14     (20)  North 6543' East, an approximate distance of 2766 feet to a

2-15     point,

2-16     (21)  North 5017' East, an approximate distance of 822 feet to a

2-17     point,

2-18     (22)  North 4159' East, an approximate distance of 880 feet to a

2-19     point,

2-20     (23)  South 8935' East, an approximate distance of 1495 feet to a

2-21     point,

2-22     (24)  North 7726' East, an approximate distance of 1821 feet to a

2-23     point,

2-24     (25)  South 8035' East, an approximate distance of 1372 feet to a

2-25     point,

2-26     (26)  South 5217' East, an approximate distance of 474 feet to a

2-27     point,

2-28     (27)  South 2926' East, an approximate distance of 778 feet to a

2-29     point,

2-30     (28)  South 5444' East, an approximate distance of 557 feet to a

2-31     point,

2-32     (29)  South 8304' East, an approximate distance of 977 feet to a

2-33     point,

2-34     (30)  North 7706' East, an approximate distance of 434 feet to a

2-35     point,

2-36     (31)  North 5607' East, an approximate distance of 196 feet to a

2-37     point,

2-38     (32)  North 5454' East, an approximate distance of 4105 feet to a

2-39     point,

2-40     (33)  South 8303' East, an approximate distance of 673 feet to a

2-41     point,

2-42     (34)  North 7652' East, an approximate distance of 1144 feet to a

2-43     point,

2-44     (35)  South 7701' East, an approximate distance of 4006 feet to a

2-45     point,

2-46     (36)  North 8033' East, an approximate distance of 3136 feet to a

2-47     point,

2-48     (37)  North 5102' East, an approximate distance of 1401 feet to a

2-49     point,

2-50     (38)  North 6723' East, an approximate distance of 1924 feet to a

2-51     point,

2-52     (39)  North 2751' East, an approximate distance of 4282 feet to a

2-53     point,

2-54     (40)  North 4344' East, an approximate distance of 2614 feet to a

2-55     point,

2-56     (41)  North 4234' East, an approximate distance of 9103 feet to a

2-57     point,

2-58     (42)  North 3440' East, an approximate distance of 8178 feet to a

2-59     point,

2-60     (43)  North 2204' East, an approximate distance of 2126 feet to a

2-61     point, and

2-62     (44)  North 0804' East, an approximate distance of 961 feet to a

2-63     point at the intersection of said Lower Neches Valley Authority

2-64     Canal and Pine Island Bayou, also being the Jefferson and Hardin

2-65     County line;

2-66     THENCE North 0156' West, across the marsh an approximate distance

2-67     of 8395 feet to a point in the center of a County Road running

2-68     north and south;

2-69     THENCE North 0019' West, with said County Road an approximate

 3-1     distance of 684 feet to a point,

 3-2     THENCE North 0014' East, across the marsh an approximate distance

 3-3     of 12367 feet to a point in the center of a slough road;

 3-4     THENCE with said slough road the following six (6) courses and

 3-5     distances;

 3-6     (1)  South 8931' West, an approximate distance of 4299 feet to a

 3-7     point,

 3-8     (2)  South 6939' West, an approximate distance of 343 feet to a

 3-9     point,

3-10     (3)  North 7202' West, an approximate distance of 294 feet to a

3-11     point,

3-12     (4)  North 8848' West, an approximate distance of 674 feet to a

3-13     point,

3-14     (5)  North 6740' West, an approximate distance of 194 feet to a

3-15     point, and

3-16     (6)  South 8836' West, an approximate distance of 178 feet to a

3-17     point in the center of County Road, running north and south, in

3-18     Woodcrest Acres;

3-19     THENCE North 0028' West, with said County Road an approximate

3-20     distance of 1033 feet to a point at the intersection of said County

3-21     Road with a County Road, running east and west, in said Woodcrest

3-22     Acres;

3-23     THENCE North 8946' West, with said County Road an approximate

3-24     distance of 398 feet to a point at the intersection of said County

3-25     Road with a County Road, running north and south in said Woodcrest

3-26     Acres,

3-27     THENCE with said County Road the following four (4) courses and

3-28     distances;

3-29     (1)  North 0130' East, an approximate distance of 472 feet to a

3-30     point,

3-31     (2)  North 8929' West, an approximate distance of 1595 feet to a

3-32     point,

3-33     (3)  North 0031' East, an approximate distance of 424 feet to a

3-34     point, and

3-35     (4)  North 8153' West, an approximate distance of 151 feet to a

3-36     point at the intersection of said County Road with a County Road

3-37     running north and south;

3-38     THENCE with said County Road the following seventeen (17) courses

3-39     and distances;

3-40     (1)  North 1227' West, an approximate distance of 446 feet to a

3-41     point,

3-42     (2)  North 0730' West, an approximate distance of 602 feet to a

3-43     point,

3-44     (3)  North 1228' East, an approximate distance of 1411 feet to a

3-45     point,

3-46     (4)  North 4343' West, an approximate distance of 106 feet to a

3-47     point,

3-48     (5)  North 1439' East, an approximate distance of 598 feet to a

3-49     point,

3-50     (6)  North 0040' East, an approximate distance of 800 feet to a

3-51     point,

3-52     (7)  North 1923' East, an approximate distance of 173 feet to a

3-53     point,

3-54     (8)  North 2438' West, an approximate distance of 400 feet to a

3-55     point,

3-56     (9)  North 2405' East, an approximate distance of 1610 feet to a

3-57     point,

3-58     (10)  North 1748' East, an approximate distance of 500 feet to a

3-59     point,

3-60     (11)  North 0028' West, an approximate distance of 1969 feet to a

3-61     point,

3-62     (12)  North 8911' West, an approximate distance of 2631 feet to a

3-63     point,

3-64     (13)  North 0115' West, an approximate distance of 671 feet to a

3-65     point,

3-66     (14)  North 4530' West, an approximate distance of 246 feet to a

3-67     point,

3-68     (15)  North 1641' West, an approximate distance of 420 feet to a

3-69     point,

 4-1     (16)  North 3813' West, an approximate distance of 299 feet to a

 4-2     point, and

 4-3     (17)  North 7537' West, an approximate distance of 298 feet to a

 4-4     point at the intersection of said County Road with a County Road

 4-5     running north and south, being also the Corporation limit of

 4-6     Lumberton, Texas;

 4-7     THENCE South 0134' West, with said County Road and said Corporation

 4-8     limit of Lumberton, Texas, an approximate distance of 1347 feet to

 4-9     a point at the intersection of said County Road and a County Road

4-10     running east and west;

4-11     THENCE North 8942' West, with said County Road an approximate

4-12     distance of 2699 feet to a point at the intersection of said County

4-13     Road and US Highway 96;

4-14     THENCE North 0806' West, with said US Highway 96, an approximate

4-15     distance of 1150 feet to a point at the intersection of said US

4-16     Highway 96 and a County Road running east and west;

4-17     THENCE North 8920' West, with said County Road an approximate

4-18     distance of 2327 feet to a point on the Corporation Limit of

4-19     Lumberton, Texas;

4-20     THENCE with said Corporation Limit of said Lumberton, Texas, the

4-21     following two (2) courses and distances;

4-22     (1)  North 0040' East, an approximate distance of 1649 feet to a

4-23     point, and

4-24     (2)  South 8452' West, an approximate distance of 4888 feet to a

4-25     point in the center of US Highway 69 & 287;

4-26     THENCE North 2626' West, with the center of said US Highway 69 &

4-27     287, an approximate distance of 11464 feet to a point at the

4-28     intersection of said US Highway 69 & 287 and a County Road running

4-29     east and west;

4-30     THENCE South 8910' West, with said County Road, an approximate

4-31     distance of 2582 feet to a point at the intersection of said County

4-32     Road and a County Road running north and south;

4-33     THENCE with said County Road the following six (6) courses and

4-34     distances;

4-35     (1)  North 0229' West, an approximate distance of 349 feet to a

4-36     point,

4-37     (2)  North 1138' West, an approximate distance of 789 feet to a

4-38     point,

4-39     (3)  North 0517' West, an approximate distance of 527 feet to a

4-40     point,

4-41     (4)  North 1802' East, an approximate distance of 358 feet to a

4-42     point,

4-43     (5)  North 4100' East, an approximate distance of 388 feet to a

4-44     point, and

4-45     (6)  North 6407' East, an approximate distance of 1185 feet to a

4-46     point at the intersection of said County Road and US Highway 69 &

4-47     287;

4-48     THENCE with said US Highway 69 & 287 the following three (3)

4-49     courses and distance;

4-50     (1)  North 2623' West, an approximate distance of 10315 feet to a

4-51     point,

4-52     (2)  North 3945' West, an approximate distance of 785 feet to a

4-53     point, and

4-54     (3)  North 5043' West, an approximate distance of 3855 feet to a

4-55     point at the intersection of said US Highway 69 & 287 and a County

4-56     Road running east and west;

4-57     THENCE with said County Road the following two (2) courses and

4-58     distances;

4-59     (1)  South 7958' West, an approximate distance of 169 feet to a

4-60     point, and

4-61     (2)  North 8958' West, an approximate distance of 4208 feet to a

4-62     point;

4-63     THENCE cross country the following three (3) courses and distances;

4-64     (1)  South 0030' West, an approximate distance of 890 feet to a

4-65     point,

4-66     (2)  South 1743' West, an approximate distance of 2368 feet to a

4-67     point in the center of an abandoned railroad right-of-way, and

4-68     (3)  South 5141' West, an approximate distance of 2556 feet to a

4-69     point at the intersection of a dirt road and a County Road running

 5-1     north and south;

 5-2     THENCE with said County Road the following five (5) courses and

 5-3     distances;

 5-4     (1)  South 0158' East, an approximate distance of 425 feet to a

 5-5     point,

 5-6     (2)  South 0354' East, an approximate distance of 633 feet to a

 5-7     point,

 5-8     (3)  South 0349' East, an approximate distance of 450 feet to a

 5-9     point,

5-10     (4)  South 0440' West, an approximate distance of 367 feet to a

5-11     point, and

5-12     (5)  South 1125' West, an approximate distance of 782 feet to a

5-13     point at the intersection of said County Road and a County Road

5-14     running east and west;

5-15     THENCE North 8858' West, with said County Road an approximate

5-16     distance of 5212 feet to a point at the intersection of said County

5-17     Road and a County Road running north and south;

5-18     THENCE South 0008' East, with said County Road an approximate

5-19     distance of 1231 feet to a point at the intersection of said County

5-20     Road and a County Road running east and west;

5-21     THENCE with said County Road the following ten (10) courses and

5-22     distances;

5-23     (1)  South 8955' West, an approximate distance of 2051 feet to a

5-24     point,

5-25     (2)  South 3214' West, an approximate distance of 682 feet to a

5-26     point,

5-27     (3)  South 4518' West, an approximate distance of 263 feet to a

5-28     point,

5-29     (4)  South 7847' West, an approximate distance of 217 feet to a

5-30     point,

5-31     (5)  North 8233' West, an approximate distance of 2700 feet to a

5-32     point,

5-33     (6)  South 8536' West, an approximate distance of 812 feet to a

5-34     point,

5-35     (7)  North 7640' West, an approximate distance of 323 feet to a

5-36     point,

5-37     (8)  North 6955' West, an approximate distance of 3012 feet to a

5-38     point,

5-39     (9)  North 6135' West, an approximate distance of 2101 feet to a

5-40     point, and

5-41     (10)  North 6809' West, an approximate distance of 3318 feet to a

5-42     point at the intersection of said County Road and State Highway 326

5-43     at the town of Little Rock, Texas in Hardin County;

5-44     THENCE South 1442' West, with said State Highway 326 an approximate

5-45     distance of 1625 feet to a point at the intersection of said State

5-46     Highway 326 and a County Road running east and west, and being at

5-47     the easterly edge of the Big Thicket National Preserve;

5-48     THENCE with the center of said County Road and across said Big

5-49     Thicket National Preserve; the following two (2) courses and

5-50     distance;

5-51     (1)  South 8107' West, an approximate distance of 1869 feet to a

5-52     point, and

5-53     (2)  South 7829' West, an approximate distance of 708 feet to a

5-54     point;

5-55     THENCE cross country the following twenty-five courses and

5-56     distances;

5-57     (1)  North 7235' West, an approximate distance of 10961 feet to a

5-58     point,

5-59     (2)  South 5216' West, an approximate distance of 9957 feet to a

5-60     point,

5-61     (3)  South 4528' West, an approximate distance of 6763 feet to a

5-62     point,

5-63     (4)  South 0700' West, an approximate distance of 4458 feet to a

5-64     point between two pipelines at a pumping station,

5-65     (5)  North 6252' West, an approximate distance of 4306 feet to a

5-66     point,

5-67     (6)  South 8232' West, an approximate distance of 7721 feet to a

5-68     point,

5-69     (7)  South 8500' West, an approximate distance of 3546 feet to a

 6-1     point,

 6-2     (8)  North 7847' West, an approximate distance of 1494 feet to a

 6-3     point,

 6-4     (9)  South 7639' West, an approximate distance of 1756 feet to a

 6-5     point,

 6-6     (10)  North 3405' West, an approximate distance of 3872 feet to a

 6-7     point,

 6-8     (11)  North 4855' West, an approximate distance of 4825 feet to a

 6-9     point,

6-10     (12)  North 4547' West, an approximate distance of 3296 feet to a

6-11     point,

6-12     (13)  North 5057' West, an approximate distance of 3685 feet to a

6-13     point,

6-14     (14)  North 2745' West, an approximate distance of 5948 feet to a

6-15     point,

6-16     (15)  North 4914' West, an approximate distance of 2627 feet to a

6-17     point in the center of State Highway 787,

6-18     (16)  North 2504' West, an approximate distance of 3076 feet to a

6-19     point,

6-20     (17)  North 5550' West, an approximate distance of 4073 feet to a

6-21     point,

6-22     (18)  North 5011' West, an approximate distance of 2655 feet to a

6-23     point on knoll,

6-24     (19)  North 6702' West, an approximate distance of 3413 feet to a

6-25     point in a pond,

6-26     (20)  North 2353' West, an approximate distance of 2150 feet to a

6-27     point in the middle of Griffin Pond,

6-28     (21)  North 7559' West, an approximate distance of 911 feet to a

6-29     point,

6-30     (22)  North 1659' East, an approximate distance of 1854 feet to a

6-31     point,

6-32     (23)  North 4329' East, an approximate distance of 810 feet to a

6-33     point,

6-34     (24)  North 3132' East, an approximate distance of 2083 feet to a

6-35     point, and

6-36     (25)  North 0640' West, an approximate distance of 874 feet to a

6-37     point in the center of a pipeline alley,

6-38     THENCE North 4545' West, with said pipeline alley an approximate

6-39     distance of 2604 feet to a point;

6-40     THENCE cross country the following three (3) courses and distance;

6-41     (1)  North 1947' East, an approximate distance of 9588 feet to a

6-42     point in the middle of Peach Pond,

6-43     (2)  North 4923' East, an approximate distance of 3362 feet to a

6-44     point in the middle of a dirt road, and

6-45     (3)  North 3934' East, an approximate distance of 759 feet to a

6-46     point in the center of a County Road running north and south;

6-47     THENCE with said County Road the following five (5) courses and

6-48     distances;

6-49     (1)  North 0731' West, an approximate distance of 4277 feet to a

6-50     point,

6-51     (2)  North 0742' West, an approximate distance of 1194 feet to a

6-52     point,

6-53     (3)  North 1754' West, an approximate distance of 311 feet to a

6-54     point,

6-55     (4)  North 3639' West, an approximate distance of 305 feet to a

6-56     point at Bragg in the center of a railroad right-of-way, and

6-57     (5)  North 0347' West, an approximate distance of 555 feet to a

6-58     point;

6-59     THENCE cross country the following sixteen (16) courses and

6-60     distances;

6-61     (1)  North 2220' East, an approximate distance of 2642 feet to a

6-62     point in the center of a United Gas Pipeline right-of-way,

6-63     (2)  North 2035' East, an approximate distance of 2549 feet to a

6-64     point at the end of a four wheel drive trail,

6-65     (3)  North 2129' West, an approximate distance of 2574 feet to a

6-66     point in the center of a dirt road,

6-67     (4)  North 4134' West, an approximate distance of 1414 feet to a

6-68     point,

6-69     (5)  North 3921' West, an approximate distance of 1182 feet to a

 7-1     point,

 7-2     (6)  North 3236' West, an approximate distance of 703 feet to a

 7-3     point,

 7-4     (7)  North 1738' West, an approximate distance of 938 feet to a

 7-5     point in the center of a dirt road,

 7-6     (8)  North 0237' East, an approximate distance of 745 feet to a

 7-7     point at the intersection of two dirt roads,

 7-8     (9)  North 3021' West, an approximate distance of 2866 feet to a

 7-9     point,

7-10     (10)  South 8328' West, an approximate distance of 1616 feet to a

7-11     point in the center of a dirt road,

7-12     (11)  North 2503' West, an approximate distance of 1447 feet to a

7-13     point in the center of a dirt road,

7-14     (12)  North 1116' West, an approximate distance of 2807 feet to a

7-15     point,

7-16     (13)  North 0636' West, an approximate distance of 879 feet to a

7-17     point,

7-18     (14)  North 5253' West, an approximate distance of 1783 feet to a

7-19     point in the center of a dirt road,

7-20     (15)  North 1406' West, an approximate distance of 2466 feet to a

7-21     point at the end of a dirt road, and

7-22     (16)  North 2134' West, an approximate distance of 3051 feet to a

7-23     point on the Hardin and Polk County line;

7-24     THENCE South 8843' West, with said Hardin and Polk County Line an

7-25     approximate distance of 21649 feet to a point;

7-26     THENCE South 0655' West, cross country an approximate distance of

7-27     3483 feet to a point in the center of a dirt road;

7-28     THENCE with said dirt road the following three (3) courses and

7-29     distances;

7-30     (1)  South 8746' West, an approximate distance of 836 feet to a

7-31     point,

7-32     (2)  South 8902' West, an approximate distance of 1353 feet to a

7-33     point, and

7-34     (3)  South 5705' West, an approximate distance of 250 feet to a

7-35     point in the center of State Highway 2798;

7-36     THENCE cross country the following sixteen (16) courses and

7-37     distances;

7-38     (1)  South 7654' West, an approximate distance of 1945 feet to a

7-39     point,

7-40     (2)  North 8330' West, an approximate distance of 1943 feet to a

7-41     point,

7-42     (3)  South 7232' West, an approximate distance of 1095 feet to a

7-43     point,

7-44     (4)  South 4207' West, an approximate distance of 1565 feet to a

7-45     point,

7-46     (5)  South 1907' West, an approximate distance of 3644 feet to a

7-47     point,

7-48     (6)  South 4113' West, an approximate distance of 1025 feet to a

7-49     point in the center of a United Gas Pipeline right-of-way,

7-50     (7)  South 0926' West, an approximate distance of 1466 feet to a

7-51     point,

7-52     (8)  South 5525' West, an approximate distance of 1276 feet to a

7-53     point,

7-54     (9)  South 1447' West, an approximate distance of 1310 feet to a

7-55     point,

7-56     (10)  South 2100' West, an approximate distance of 2002 feet to a

7-57     point,

7-58     (11)  South 0605' East, an approximate distance of 1453 feet to a

7-59     point in the center of a dirt road,

7-60     (12)  South 3629' West, an approximate distance of 1921 feet to a

7-61     point,

7-62     (13)  South 4008' West, an approximate distance of 2577 feet to a

7-63     point in the center of a United Gas Pipeline right-of-way at its

7-64     intersection with the Liberty and Hardin County lines,

7-65     (14)  South 5004' West, an approximate distance of 8080 feet to a

7-66     point,

7-67     (15)  South 1356' West, an approximate distance of 5363 feet to a

7-68     point, and

7-69     (16)  South 2734' West, an approximate distance of 438 feet to a

 8-1     point in the center of a dirt road running north and south;

 8-2     THENCE with said dirt road the following seven (7) courses and

 8-3     distances;

 8-4     (1)  South 0800' East, an approximate distance of 320 feet to a

 8-5     point,

 8-6     (2)  South 0126' West, an approximate distance of 3332 feet to a

 8-7     point,

 8-8     (3)  South 0106' West, an approximate distance of 3534 feet to a

 8-9     point,

8-10     (4)  South 0127' West, an approximate distance of 3967 feet to a

8-11     point,

8-12     (5)  South 0126' West, an approximate distance of 5841 feet to a

8-13     point,

8-14     (6)  South 2647' West, an approximate distance of 340 feet to a

8-15     point, and

8-16     (7)  South 5938' West, an approximate distance of 593 feet to a

8-17     point,

8-18     THENCE cross country the following three (3) courses and distances;

8-19     (1)  South 2649' East, an approximate distance of 5475 feet to a

8-20     point at the intersection of two dirt roads,

8-21     (2)  South 2232' West, an approximate distance of 4565 feet to a

8-22     point, and

8-23     (3)  South 3758' West, an approximate distance of 7095 feet to a

8-24     point at the intersection of State Highway 146 and a dirt road;

8-25     THENCE South 0329' East, with said State Highway 146 an approximate

8-26     distance of 6509 feet to a point at the intersection of said State

8-27     Highway 146 and a United Gas Pipeline right-of-way;

8-28     THENCE cross country the following four (4) courses and distances;

8-29     (1)  South 4721' East, an approximate distance of 1225 feet to a

8-30     point,

8-31     (2)  South 5617' East, an approximate distance of 4303 feet to a

8-32     point at the end of a four wheel drive trail,

8-33     (3)  South 0513' East, an approximate distance of 8752 feet to a

8-34     point,

8-35     (4)  South 0034' West, an approximate distance of 1992 feet to a

8-36     point in the center of a dirt road;

8-37     THENCE South 6532' West, with the center of said dirt road an

8-38     approximate distance of 135 feet to a point at the intersection of

8-39     said dirt road and a United Gas Pipeline right-of-way;

8-40     THENCE with said United Gas Pipeline right-of-way the following two

8-41     (2) courses and distances;

8-42     (1)  South 0058' West, an approximate distance of 2778 feet to a

8-43     point, and

8-44     (2)  South 0009' West, an approximate distance of 2004 feet to a

8-45     point in the center of State Highway 162;

8-46     THENCE South 8919' West, with the center of said State Highway 162

8-47     an approximate distance of 3344 feet to a point at the intersection

8-48     of said State Highway 162 and State Highway 146;

8-49     THENCE with the center of said State Highway 146 the following four

8-50     (4) courses and distances;

8-51     (1)  South 1155' East, an approximate distance of 1169 feet to a

8-52     point,

8-53     (2)  South 0625' East, an approximate distance of 732 feet to a

8-54     point,

8-55     (3)  South 0118' East, an approximate distance of 1748 feet to a

8-56     point, and

8-57     (4)  South 0011' West, an approximate distance of 1809 feet to a

8-58     point;

8-59     THENCE cross country the following five (5) courses and distances;

8-60     (1)  North 8942' East, an approximate distance of 2560 feet to a

8-61     point,

8-62     (2)  South 0006' West, an approximate distance of 1532 feet to a

8-63     point,

8-64     (3)  South 8906' West, an approximate distance of 978 feet to a

8-65     point,

8-66     (4)  South 0151' East, an approximate distance of 1215 feet to a

8-67     point in the center of a dirt road, and

8-68     (5)  South 8818' West, an approximate distance of 1969 feet to a

8-69     point in the center of State Highway 146;

 9-1     THENCE with the center of said State Highway 146 the following

 9-2     three (3) courses and distances;

 9-3     (1)  South 1342' West, an approximate distance of 2442 feet to a

 9-4     point,

 9-5     (2)  South 0949' West, an approximate distance of 880 feet to a

 9-6     point, and

 9-7     (3)  South 0915' West, an approximate distance of 1461 feet to a

 9-8     point at the intersection of said State Highway 146 and a County

 9-9     Road running east and west;

9-10     THENCE North 8917' East, with said County Road an approximate

9-11     distance of 2014 feet to a point;

9-12     THENCE cross country the following seven courses and distances;

9-13     (1)  South 2858' West, an approximate distance of 1763 feet to a

9-14     point,

9-15     (2)  South 0932' East, an approximate distance of 3058 feet to a

9-16     point,

9-17     (3)  South 0500' West, an approximate distance of 1715 feet to a

9-18     point,

9-19     (4)  South 8917' East, an approximate distance of 1097 feet to a

9-20     point,

9-21     (5)  South 0004' West, an approximate distance of 499 feet to a

9-22     point,

9-23     (6)  South 0042' West, an approximate distance of 2611 feet to a

9-24     point, and

9-25     (7)  South 3304' West, an approximate distance of 3583 feet to a

9-26     point at the intersection of State Highway 146 and a County Road

9-27     running east and west;

9-28     THENCE South 8944' West, with said County Road an approximate

9-29     distance of 603 feet to a point at the intersection of said County

9-30     Road and the western most Corporation Limits of Hardin, Texas;

9-31     THENCE with said western most Corporation Limits of Hardin, Texas

9-32     the following two (2) courses and distances;

9-33     (1)  South 1115' East, an approximate distance of 2980 feet to a

9-34     point, and

9-35     (2)  South 0130' East, an approximate distance of 4636 feet to a

9-36     point in the center of State Highway 834;

9-37     THENCE South 8922' West, with the center of said State Highway 834

9-38     an approximate distance of 331 feet to a point at the intersection

9-39     of said State Highway 8634 and a County Road running north and

9-40     south;

9-41     THENCE South 0556' East, with said County Road an approximate

9-42     distance of 1745 feet to a point at the intersection of said County

9-43     Road and a County Road running east and west;

9-44     THENCE South 8817' East, with said County Road an approximate

9-45     distance of 863 feet to a point at the intersection of said County

9-46     Road and the center of State Highway 146;

9-47     THENCE South 0209' East, with said State Highway 146 an approximate

9-48     distance of 3222 feet to a point at the intersection of said State

9-49     Highway 146 and a County Road running east and west;

9-50     THENCE with said County Road the following three (3) courses and

9-51     distances;

9-52     (1)  South 8923' East, an approximate distance of 819 feet to a

9-53     point,

9-54     (2)  North 0127' East, an approximate distance of 210 feet to a

9-55     point, and

9-56     (3)  North 8925' East, an approximate distance of 679 feet to a

9-57     point at the intersection of said County Road and a County Road

9-58     running north and south;

9-59     THENCE with said County Road the following four (4) courses and

9-60     distances;

9-61     (1)  South 1329' East, an approximate distance of 218 feet to a

9-62     point,

9-63     (2)  South 1518' East, an approximate distance of 1361 feet to a

9-64     point,

9-65     (3)  South 0200' West, an approximate distance of 2055 feet to a

9-66     point, and

9-67     (4)  South 1318' West, an approximate distance of 1033 feet to a

9-68     point;

9-69     THENCE South 8708' East, cross country an approximate distance of

 10-1    2267 feet to a point at the end of a dirt road;

 10-2    THENCE with said dirt road the following nine (9) courses and

 10-3    distances;

 10-4    (1)  South 1356' East, an approximate distance of 415 feet to a

 10-5    point,

 10-6    (2)  South 1059' East, an approximate distance of 539 feet to a

 10-7    point,

 10-8    (3)  South 2044' East, an approximate distance of 679 feet to a

 10-9    point,

10-10    (4)  South 0945' East, an approximate distance of 412 feet to a

10-11    point,

10-12    (5)  South 0447' East, an approximate distance of 360 feet to a

10-13    point,

10-14    (6)  South 0426' West, an approximate distance of 276 feet to a

10-15    point,

10-16    (7)  South 8416' West, an approximate distance of 206 feet to a

10-17    point,

10-18    (8)  South 0207' West, an approximate distance of 976 feet to a

10-19    point, and

10-20    (9)  South 0230' West, an approximate distance of 1893 feet to a

10-21    point;

10-22    THENCE cross country the following nine (9) courses and distances;

10-23    (1)  South 0211' West, an approximate distance of 1576 feet to a

10-24    point,

10-25    (2)  North 8816' West, an approximate distance of 584 feet to a

10-26    point,

10-27    (3)  South 0106' West, an approximate distance of 6221 feet to a

10-28    point,

10-29    (4)  South 4737' East, an approximate distance of 2795 feet to a

10-30    point,

10-31    (5)  South 7833' East, an approximate distance of 1570 feet to a

10-32    point,

10-33    (6)  South 2434' East, an approximate distance of 1009 feet to a

10-34    point,

10-35    (7)  South 1428' East, an approximate distance of 1937 feet to a

10-36    point,

10-37    (8)  North 7811' East, an approximate distance of 1412 feet to a

10-38    point, and

10-39    (9)  South 8457' East, an approximate distance of 1766 feet to a

10-40    point in the center of State Highway 2830;

10-41    THENCE with the center of said State Highway 2830 the following

10-42    five (5) courses and distances;

10-43    (1)  South 2211' East, an approximate distance of 686 feet to a

10-44    point,

10-45    (2)  South 1918' East an approximate distance of 554 feet to a

10-46    point,

10-47    (3)  South 1114' East an approximate distance of 680 feet to a

10-48    point,

10-49    (4)  South 0450' West an approximate distance of 975 feet to a

10-50    point, and

10-51    (5)  South 0134' East an approximate distance of 1695 feet to at

10-52    the intersection of the center of said State Highway 2830 and the

10-53    center of FM 160;

10-54    THENCE North 8023' East, with the center of said FM 160 and

10-55    continuing with the center of said State Highway 2830 for an

10-56    approximate distance of 1750 feet to a point;

10-57    THENCE South 0006' West continuing with the center of said State

10-58    Highway 2830 for an approximate distance of 8561 feet to a point at

10-59    the intersection of the center of said State Highway 2830 and the

10-60    center of Southern Pacific Railroad right-of-way;

10-61    THENCE with the center of said Southern Pacific Railroad

10-62    right-of-way the following three (3) courses and distances;

10-63    (1)  South 7859' East for an approximate distance of 22008 feet to

10-64    a point,

10-65    (2)  South 7849' East for an approximate distance of 17267 feet to

10-66    a point, and

10-67    (3)  South 7840' East an approximate distance of 10609 feet to a

10-68    point;

10-69    THENCE South 0022' West, cross country, an approximate distance of

 11-1    3252 feet to a point in the center of an Entergy power line;

 11-2    THENCE South 8401' East, with the center of said Entergy power line

 11-3    an approximate distance of 643 feet to a point;

 11-4    THENCE cross country the following three (3) courses and distances;

 11-5    (1)  South 0102' East, an approximate distance of 1930 feet to a

 11-6    point,

 11-7    (2)  North 8835' West, an approximate distance of 200 feet to a

 11-8    point, and

 11-9    (3)  South 0737' West, an approximate distance of 1109 feet to a

11-10    point in the center of a County Road running east and west;

11-11    THENCE with the center of said County Road the following seven (7)

11-12    courses and distances;

11-13    (1)  North 7800' East, an approximate distance of 583 feet to a

11-14    point,

11-15    (2)  South 8650' East, an approximate distance of 1147 feet to a

11-16    point,

11-17    (3)  South 8802' East, an approximate distance of 1012 feet to a

11-18    point,

11-19    (4)  South 8909' East, an approximate distance of 2142 feet to a

11-20    point,

11-21    (5)  South 8323' East, an approximate distance of 2513 feet to a

11-22    point,

11-23    (6)  South 8240' East, an approximate distance of 2632 feet to a

11-24    point, and

11-25    (7)  North 5935' East, an approximate distance of 212 feet to a

11-26    point at the intersection of said County Road and FM 1009;

11-27    THENCE with said FM 1009 the following eleven (13) courses and

11-28    distances;

11-29    (1)  South 5947' East, an approximate distance of 272 feet to a

11-30    point,

11-31    (2)  South 8317' East, an approximate distance of 1745 feet to a

11-32    point,

11-33    (3)  South 8312' East, an approximate distance of 5456 feet to a

11-34    point,

11-35    (4)  North 8941' East, an approximate distance of 302 feet to a

11-36    point,

11-37    (5)  North 8325' East, an approximate distance of 3968 feet to a

11-38    point,

11-39    (6)  North 7041' East, an approximate distance of 128 feet to a

11-40    point,

11-41    (7)  North 6536' East, an approximate distance of 1139 feet to a

11-42    point,

11-43    (8)  North 8349' East, an approximate distance of 1737 feet to a

11-44    point,

11-45    (9)  North 7902' East, an approximate distance of 1546 feet to a

11-46    point,

11-47    (10)  North 5904' East, an approximate distance of 1423 feet to a

11-48    point,

11-49    (11)  North 5836' East, an approximate distance of 1098 feet to a

11-50    point,

11-51    (12)  North 4830' East, an approximate distance of 1148 feet to a

11-52    point, and

11-53    (13)  North 8841' East, an approximate distance of 1395 feet to a

11-54    point at the intersection of a said FM 1009 and a levee for a rice

11-55    field canal;

11-56    THENCE with said levee for a rice field canal the following four

11-57    (4) courses and distances;

11-58    (1)  North 0117' East, an approximate distance of 3677 feet to a

11-59    point,

11-60    (2)  North 8831' East, an approximate distance of 895 feet to a

11-61    point,

11-62    (3)  North 6923' East, an approximate distance of 978 feet to a

11-63    point, and

11-64    (4)  North 0141' East, an approximate distance of 661 feet to a

11-65    point;

11-66    THENCE cross country the following three (3) courses and distances;

11-67    (1)  North 8940' East, an approximate distance of 1306 feet to a

11-68    point,

11-69    (2)  North 0056' East, an approximate distance of 895 feet to a

 12-1    point, and

 12-2    (3)  South 8951' East, an approximate distance of 1714 feet to a

 12-3    point in the center of FM 1009;

 12-4    THENCE North 0014' West, with said FM 1009 14an approximate

 12-5    distance of 1738 feet to a point at the intersection of said

 12-6    FM 1009 and a County Road running east and west;

 12-7    THENCE with said County Road the following seven (7) courses and

 12-8    distances;

 12-9    (1)  North 8930' East, an approximate distance of 783 feet to a

12-10    point,

12-11    (2)  North 3631' East, an approximate distance of 79 feet to a

12-12    point,

12-13    (3)  North 8208' East, an approximate distance of 861 feet to a

12-14    point,

12-15    (4)  South 6121' East, an approximate distance of 321 feet to a

12-16    point,

12-17    (5)  South 8951' East, an approximate distance of 342 feet to a

12-18    point,

12-19    (6)  South 5722' East, an approximate distance of 68 feet to a

12-20    point, and

12-21    (7)  South 8959' East, an approximate distance of 3597 feet to a

12-22    point at the intersection of said County Road and FM 365;

12-23    THENCE North 0029' East, with said FM 365 an approximate distance

12-24    of 2459 feet to the POINT OF BEGINNING and containing 446,912 acres

12-25    of land, more or less.

12-26          (b)  Boundaries of the district may be adjusted after a

12-27    benefit hearing as provided by Section 9 of this Act and before a

12-28    confirmation election is held as provided by Section 10 of this

12-29    Act.

12-30          SECTION 4.  FINDINGS RELATING TO BOUNDARIES.  The legislature

12-31    finds that the boundaries and field notes of the district form a

12-32    closure.  If any mistake is made in the field notes or in copying

12-33    the field notes in the legislative process, it in no way affects

12-34    the organization, existence, and validity of the district, or the

12-35    right of the district to issue any type of bonds or refunding bonds

12-36    for the purposes for which the district is created or to pay the

12-37    principal of and interest on the bonds, or in any other manner

12-38    affects the legality or operation of the district or its governing

12-39    body.

12-40          SECTION 5.  FINDING OF BENEFIT.  All of the land and other

12-41    property included within the boundaries of the district will be

12-42    benefited by the works and projects that are to be accomplished by

12-43    the district under powers conferred by Section 59, Article XVI,

12-44    Texas Constitution.  The district is created to serve a public use

12-45    and benefit.

12-46          SECTION 6.  POWERS.  (a)  The district has all of the rights,

12-47    powers, privileges, authority, functions, and duties provided by

12-48    the general law of this state, including Chapters 49 and 66, Water

12-49    Code, applicable to stormwater control districts created under

12-50    Section 59, Article XVI, Texas Constitution.  In addition, the

12-51    district has the rights, powers, privileges, authority, functions,

12-52    and duties provided by Chapter 56, Water Code.  This Act prevails

12-53    over any provision of general law that is in conflict or

12-54    inconsistent with this Act.  If there is a conflict between Chapter

12-55    56 and Chapter 66, Water Code, Chapter 66 prevails.

12-56          (b)  The rights, powers, privileges, authority, functions,

12-57    and duties of the district are subject to the continuing right of

12-58    supervision of the state to be exercised by and through the Texas

12-59    Natural Resource Conservation Commission.

12-60          SECTION 7.  BOARD OF DIRECTORS.  (a)  The district is

12-61    governed by a board of seven directors.

12-62          (b)  Temporary directors serve until initial directors are

12-63    elected under Section 10 of this Act.

12-64          (c)  Initial directors serve until permanent directors are

12-65    elected under Section 11 of this Act.

12-66          (d)  Permanent directors serve staggered four-year terms.

12-67          (e)  Each director must qualify to serve as director in the

12-68    manner provided by Section 49.055, Water Code.

12-69          SECTION 8.  TEMPORARY DIRECTORS.  (a)  The temporary board of

 13-1    directors is composed of:

 13-2                (1)  Warren Johnson;

 13-3                (2)  Norman Lowery;

 13-4                (3)  Claire Mason;

 13-5                (4)  Kenneth McFarland;

 13-6                (5)  Jeanie Turk;

 13-7                (6)  Burt Shivers; and

 13-8                (7)  Paul Fontenot.

 13-9          (b)  If a temporary director fails to qualify for office, the

13-10    temporary directors who have qualified shall appoint a person to

13-11    fill the vacancy.  If at any time there are fewer than seven

13-12    qualified temporary directors for any other reason, the Texas

13-13    Natural Resource Conservation Commission shall appoint the

13-14    necessary number of persons to fill all vacancies on the board.

13-15          (c)  As soon as all temporary directors have qualified, the

13-16    directors shall meet and elect a chairman and vice chairman from

13-17    among their membership and other officers as necessary.

13-18          SECTION 9.  BENEFIT HEARING; APPEAL.  (a)  As soon as

13-19    practicable after all temporary directors have qualified and

13-20    officers have been elected as provided by Section 8 of this Act,

13-21    the temporary board of directors shall set a date for a hearing to

13-22    determine whether the land to be included in the district will be

13-23    benefited by the creation of the district.

13-24          (b)  After a date is set for the hearing, the temporary board

13-25    of directors shall give notice of the hearing and shall hold the

13-26    hearing and issue an order stating its final decision in the manner

13-27    provided by Chapter 2001, Government Code.  In addition to other

13-28    notice required by law, the temporary board of directors shall

13-29    publish notice in a newspaper with general circulation in the area

13-30    of the district once a week for two consecutive weeks, the first

13-31    publication to be made at least 30 days before the date set for the

13-32    hearing.

13-33          (c)  After the hearing, if the temporary board of directors

13-34    finds that the creation of the district will be a benefit to land

13-35    included in the district, the temporary board of directors shall

13-36    make that finding and by order shall confirm the boundaries of the

13-37    district as described in Section 3 of this Act.

13-38          (d)  In making its decision, if the temporary board of

13-39    directors finds that a part of the land to be included in the

13-40    district will not be benefited by creation of the district, the

13-41    temporary board of directors shall make this finding and by order

13-42    exclude the nonbenefited land from the proposed district and redraw

13-43    the boundaries of the district to conform to this change.

13-44          (e)  The temporary board of directors shall mail to the Texas

13-45    Natural Resource Conservation Commission the order confirming or

13-46    redrawing the boundaries of the district.

13-47          (f)  The order of the temporary board of directors confirming

13-48    or redrawing the boundaries of the district may be appealed as

13-49    provided by Chapter 2001, Government Code.

13-50          SECTION 10.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

13-51    (a)  After a hearing has been held and the temporary board of

13-52    directors has confirmed or redrawn the boundaries of the district

13-53    as provided by Section 9 of this Act, the temporary board of

13-54    directors shall call and hold an election to confirm establishment

13-55    of the district and to elect seven initial directors as provided by

13-56    Chapter 49, Water Code.

13-57          (b)  Subsection (a), Section 41.001, Election Code, does not

13-58    apply to a confirmation election held as provided by this section.

13-59          SECTION 11.  ELECTION OF DIRECTORS.  (a)  On the first

13-60    Saturday in May of the first even-numbered year after the year in

13-61    which the confirmation election is held, an election shall be held

13-62    in the district for the election at large of three directors who

13-63    shall each serve two-year terms and four directors who shall each

13-64    serve four-year terms. Thereafter, on the same date in each

13-65    subsequent even-numbered year, the appropriate number of directors

13-66    shall be elected to the board.

13-67          (b)  The directors elected at the election described in

13-68    Subsection (a) of this section may assign a position number to each

13-69    director's seat, after which directors shall be elected by

 14-1    position.

 14-2          SECTION 12.  ADDITIONAL POWERS.  (a)  The district as a

 14-3    stormwater control district may issue bonds to provide for all

 14-4    improvements and the maintenance of those improvements necessary to

 14-5    achieve the purposes of Section 59, Article XVI, Texas

 14-6    Constitution, and may provide for the payment of the bonds through

 14-7    ad valorem taxes and revenues collected for that purpose as

 14-8    authorized by Chapter 66, Water Code.

 14-9          (b)  The district may acquire land, materials, waste grounds,

14-10    easements, rights-of-way, and everything considered necessary for

14-11    the purpose of accomplishing any one or more of the authorized

14-12    functions of the district.

14-13          (c)  The district shall have the right to acquire property by

14-14    gift, grant, or purchase, and the right to acquire property shall

14-15    include property considered necessary for the construction,

14-16    improvement, extension, enlargement, operation, or maintenance of

14-17    the plants, works, improvements, facilities, equipment, or

14-18    appliances of the district.

14-19          (d)  The district may acquire either the fee simple title to

14-20    or an easement on all land, both public and private, either inside

14-21    or outside the boundaries and may acquire the title to or an

14-22    easement on property other than land held in fee.

14-23          (e)  The district may also lease property on terms and

14-24    conditions the board of directors determines to be advantageous to

14-25    the construction, improvement, extension, enlargement, operation,

14-26    or maintenance of the plants, works, improvements, facilities,

14-27    equipment, or appliances of the district.

14-28          (f)  The district may acquire either the fee simple title to

14-29    or an easement on all land, both public and private, either inside

14-30    or outside the boundaries and may acquire the title to or an

14-31    easement on property other than land held in fee.

14-32          (g)  The district may also lease property on terms and

14-33    conditions the board of directors determines to be advantageous to

14-34    the district.

14-35          (h)  The district may acquire any land, easements, or other

14-36    property inside the district or within five miles of the district

14-37    solely for sewer, water, storm drainage, and flood drainage

14-38    connections when necessary by condemnation and may elect to condemn

14-39    either the fee simple title or an easement only.

14-40          SECTION 13.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.

14-41    (a)  The proper and legal notice of the intention to introduce this

14-42    Act, setting forth the general substance of this Act, has been

14-43    published as provided by law, and the notice and a copy of this Act

14-44    have been furnished to all persons, agencies, officials, or

14-45    entities to which they are required to be furnished by the

14-46    constitution and other laws of this state, including the governor,

14-47    who has submitted the notice and Act to the Texas Natural Resource

14-48    Conservation Commission.

14-49          (b)  The Texas Natural Resource Conservation Commission has

14-50    filed its recommendations relating to this Act with the governor,

14-51    lieutenant governor, and speaker of the house of representatives

14-52    within the required time.

14-53          (c)  All requirements of the constitution and laws of this

14-54    state and the rules and procedures of the legislature with respect

14-55    to the notice, introduction, and passage of this Act are fulfilled

14-56    and accomplished.

14-57          SECTION 14.  EMERGENCY.  The importance of this legislation

14-58    and the crowded condition of the calendars in both houses create an

14-59    emergency and an imperative public necessity that the

14-60    constitutional rule requiring bills to be read on three several

14-61    days in each house be suspended, and this rule is hereby suspended,

14-62    and that this Act take effect and be in force from and after its

14-63    passage, and it is so enacted.

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