80R9200 HLT-F

By: McReynolds H.B. No. 2367

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Somerset Municipal Utility District No. 2; providing authority to impose a tax and issue bonds; granting the power of eminent domain.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8204 to read as follows: CHAPTER 8204. SOMERSET MUNICIPAL UTILITY DISTRICT NO. 2 SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8204.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means the Somerset Municipal Utility District No. 2.

Sec. 8204.002. NATURE OF DISTRICT. The district is a municipal utility district in San Jacinto County created under and essential to accomplish the purposes of Section 52, Article III, and Section 59, Article XVI, Texas Constitution.

Sec. 8204.003. FINDING OF PUBLIC USE AND BENEFIT. The district is created to serve a public use and benefit.

Sec. 8204.004. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8204.023 before September 1, 2009:

(1) the district is dissolved September 1, 2009, except that the district shall:

(A) pay any debts incurred;

(B) transfer to San Jacinto County any assets that remain after the payment of debts; and

(C) maintain the organization of the district until all debts are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2012.

Sec. 8204.005. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect:

(1) the organization, existence, or validity of the district;

(2) the right of the district to impose taxes; or

(3) the legality or operation of the board. [Sections 8204.006-8204.020 reserved for expansion] SUBCHAPTER A-1. TEMPORARY PROVISIONS

Sec. 8204.021. TEMPORARY DIRECTORS. (a) The temporary board consists of:

(1) ___;

(2) ___;

(3) ___;

(4) ___; and

(5) ___.

(b) If a temporary director fails to qualify for office, the temporary directors who have qualified shall appoint a person to fill the vacancy. If at any time there are fewer than three qualified temporary directors, the Texas Commission on Environmental Quality shall appoint the necessary number of persons to fill all vacancies on the board.

(c) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 8204.023; or

(2) the date this chapter expires under Section 8204.004.

Sec. 8204.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. As soon as practicable after all the temporary directors have qualified under Section 49.055, Water Code, the temporary directors shall convene the organizational meeting of the district at a location in the district agreeable to a majority of the directors. If a location cannot be agreed upon, the organizational meeting shall be at the San Jacinto County Courthouse.

Sec. 8204.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. The temporary directors shall hold an election to confirm the creation of the district and to elect five directors as provided by Section 49.102, Water Code.

Sec. 8204.024. INITIAL ELECTED DIRECTORS; TERMS. The directors elected under Section 8204.023 shall draw lots to determine which two shall serve until the first regularly scheduled election of directors and which three shall serve until the second regularly scheduled election of directors.

Sec. 8204.025. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2012. [Sections 8204.026-8204.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8204.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five directors.

(b) Directors serve staggered four-year terms. [Sections 8204.052-8204.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 8204.101. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.

Sec. 8204.102. ROAD PROJECTS; LIMIT ON EMINENT DOMAIN POWER. (a) The district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads or turnpikes, or improvements in aid of those roads or turnpikes.

(b) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the district is located. If the district is not located in the corporate limits or extraterritorial jurisdiction of a municipality, a road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each county in which the district is located.

(c) The district may not undertake a road project unless each municipality in whose corporate limits or extraterritorial jurisdiction the district is located consents by resolution. If the district is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the district may not undertake a road project unless each county in which the district is located consents by resolution.

(d) The district may not exercise the power of eminent domain outside the district for a road project.

Sec. 8204.103. ROAD CONTRACTS. The district may contract for a road project in the manner provided by Subchapter I, Chapter 49, Water Code.

Sec. 8204.104. RECREATIONAL FACILITIES; LIMIT ON EMINENT DOMAIN POWER. (a) In this section, "recreational facilities" has the meaning assigned by Section 49.462, Water Code.

(b) The district may develop and maintain recreational facilities.

(c) The district may not, for the development or maintenance of a recreational facility, acquire by condemnation land, an easement, or other property inside or outside the district. [Sections 8204.105-8204.150 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8204.151. OPERATION AND MAINTENANCE TAX. (a) The district may impose a tax for any district operation and maintenance purpose in the manner provided by Section 49.107, Water Code.

(b) Section 49.107(f), Water Code, does not apply to reimbursements for projects constructed or acquired under Section 8204.102.

Sec. 8204.152. TAX TO REPAY BONDS. The district may impose a tax to pay the principal of and interest on bonds issued under Section 8204.201.

Sec. 8204.153. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND ASSESSMENTS. The district may not impose an impact fee or assessment on the property, including the equipment, rights-of-way, facilities, or improvements, of:

(1) an electric utility or a power generation company as defined by Section 31.002, Utilities Code;

(2) a gas utility as defined by Section 101.003 or 121.001, Utilities Code;

(3) a telecommunications provider as defined by Section 51.002, Utilities Code;

(4) a cable operator as defined by 47 U.S.C. Section 522; or

(5) a person who provides to the public advanced telecommunications services. [Sections 8204.154-8204.200 reserved for expansion] SUBCHAPTER E. BONDS

Sec. 8204.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may issue bonds or other obligations as provided by Chapters 49 and 54, Water Code, and to finance the construction, maintenance, or operation of projects under Section 8204.102.

(b) The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, grants, or other district money.

(c) The district may not issue bonds or other obligations secured wholly or partly by ad valorem taxation to finance projects authorized by Section 8204.102 unless the issuance is approved by a vote of a two-thirds majority of district voters voting at an election called for that purpose.

(d) Bonds or other obligations issued or incurred to finance projects authorized by Section 8204.102 may not exceed one-fourth of the assessed value of the real property in the district.

(e) The district may not issue bonds or other obligations secured wholly or partly by ad valorem taxation to finance projects authorized by Section 8204.104 unless the issuance is approved by a vote of a majority of district voters voting at an election called for that purpose. Section 49.464(a), Water Code, does not apply to the district. [Sections 8204.202-8204.250 reserved for expansion] SUBCHAPTER F. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS

Sec. 8204.251. DIVISION OF DISTRICT; REQUIREMENTS. (a) At any time before the district issues indebtedness secured by taxes or net revenue, the district, including any annexed territory, may be divided into two or more new districts.

(b) A new district created by division of the district must be at least 100 acres.

(c) The board may consider a proposal to divide the district on:

(1) a petition of a landowner in the district; or

(2) a motion by the board.

(d) If the board decides to divide the district, the board shall:

(1) set the terms of the division, including names for the new districts and a plan for the payment or performance of any outstanding district obligations; and

(2) prepare a metes and bounds description for each proposed district.

Sec. 8204.252. ELECTION FOR DIVISION OF DISTRICT. (a) After the board has complied with Section 8204.251(d), the board shall hold an election in the district to determine whether the district should be divided as proposed.

(b) The board shall give notice of the election not later than the 35th day before the date of the election. The notice must state:

(1) the date and location of the election; and

(2) the proposition to be voted on.

(c) If a majority of the votes cast are in favor of the division:

(1) the district is divided; and

(2) not later than the 30th day after the date of the election, the district shall provide written notice of the division to:

(A) the Texas Commission on Environmental Quality;

(B) the attorney general;

(C) the commissioners court of each county in which a new district is located; and

(D) any municipality having extraterritorial jurisdiction over territory in each new district.

(d) If a majority of the votes cast are not in favor of the division, the district may not be divided.

Sec. 8204.253. ELECTION OF DIRECTORS OF NEW DISTRICTS. (a) Not later than the 90th day after the date of an election in favor of the division of the district, the board shall:

(1) appoint itself as the board of one of the new districts; and

(2) appoint five directors for each of the other new districts.

(b) Directors appointed under Subsection (a)(1) serve the staggered terms to which they were elected in the original district. Directors appointed under Subsection (a)(2) serve until the election for directors under Subsection (c).

(c) On the uniform election date in May of the first even-numbered year after the year in which the directors are appointed, the appointed board shall hold an election to elect five directors in each district for which directors were appointed under Subsection (a)(2). The directors shall draw lots to determine which two shall serve until the next regularly scheduled election of directors and which three shall serve until the second regularly scheduled election of directors.

Sec. 8204.254. CONTINUING POWERS AND OBLIGATIONS OF NEW DISTRICTS. (a) Each new district may incur and pay debts and has all powers of the original district created by this chapter.

(b) If the district is divided as provided by this subchapter, the current obligations and any bond authorizations of the district are not impaired. Debts shall be paid by revenue or by taxes or assessments imposed on real property in the district as if the district had not been divided or by contributions from each new district as stated in the terms set by the board under Section 8204.251(d).

(c) Any other district obligation is divided pro rata among the new districts on an acreage basis or on other terms that are satisfactory to the new districts.

Sec. 8204.255. CONTRACT AUTHORITY OF NEW DISTRICTS. The new districts may contract with each other for:

(1) water and wastewater services; or

(2) any other matter the boards of the new districts consider appropriate.

SECTION 2. The Somerset Municipal Utility District No. 2 initially includes all the territory contained in the following described area:

Being 494.607 acres of land situated in the State of Texas, County of San Jacinto, 465.349 acres being a part of the John Foster Survey, A-115, and the Francis Kennedy Survey, A-194, and being the same land described as "Tract No. 1" (called 465.192 acres), 9.492 acres being a part of said John Foster Survey, and being the same land described as "Tract No. 2" (called 9.774 acres) in deed to Livingston Development, Ltd. recorded in Volume 173, Page 749 of the San Jacinto County Official Public Records, and 19.766 acres being a part of the John Colvin Survey, A-10, and the Michael B. Menard Survey, A-36, and being the same land called 19.771 acres in deed to Livingston Development, Ltd. recorded in Volume 251, Page 17 of said Official Public Records, and this 494.607 acres being more particularly described by metes and bounds in three parcels as follows: Parcel One : 465.349 Acres

Beginning at the intersection of the centerline of Palmetto Creek with the northeast right of way line of F. M. Highway No. 980, said point being the west common corner between said called 465.192 acres and the called 221.47 acres (218.176 acres by resurvey) described in deed to Kevin G. Steely recorded in Volume 202, Page 739 of said Official Public Records, located on the northeast line of the called 14.509 acres described as "Part XIII" in deed to the State of Texas recorded in Volume 120, Page 82 of the San Jacinto County Deed Records;

Thence down said Palmetto Creek with its centerline meanders, same being the common line between said Livingston Development, Ltd. called 465.192 acres and said Steely 218.176 acres, as follows:

N 21° 09' 12" E 187.59 ft.,

N 36° 05' 49" E 114.92 ft.,

N 45° 36' 02" E 327.00 ft.,

N 52° 26' 21" E 167.01 ft.,

N 55° 46' 53" E 339.10 ft.,

N 65° 44' 26" E 465.47 ft.,

N 72° 42' 05" E 735.94 ft.,

N 54° 23' 34" E 724.93 ft.,

N 82° 55' 42" E 138.59 ft.,

N 89° 03' 15" E 113.76 ft.,

S 79° 06' 51" E 93.79 ft.,

S 72° 05' 20" E 80.98 ft.,

S 47° 32' 05" E 45.70 ft.,

S 01° 43' 59" E 110.91 ft.,

S 47° 35' 38" E 435.88 ft.,

S 23° 34' 29" E 75.51 ft.,

S 68° 51' 38" E 308.71 ft.,

N 76° 08' 19" E 169.42 ft.,

N 05° 00' 06" E 218.71 ft.,

N 08° 36' 40" W 222.06 ft.,

N 12° 20' 46" W 130.94 ft.,

N 15° 31' 42" E 245.80 ft.,

N 38° 47' 29" E 104.03 ft.,

N 64° 54' 01" E 121.72 ft. and

N 51° 24' 19" E 627.43 ft. to the intersection of the centerline of said Palmetto Creek with the Trinity River Authority Lake Livingston Fee Take Line, said point being the west common corner between the called 16.53 acres described as Fee Tract F-15 in deed to the Trinity River Authority of Texas recorded in Volume 108, Page 161 of the San Jacinto County Deed Records and the called 0.29 acre condemned by the Trinity River Authority of Texas and being save and excepted in deed recorded in Volume 129, Page 466 of said Deed Records;

Thence along the north line of said Livingston Development, Ltd. called 465.1192 acres, common in part with the south lines of said Trinity River Authority called 0.29 acre tract and said Trinity River Authority called 16.53 acres as follows:

S 25° 56' 00" E 75.00 ft. to a 1/2" iron rod set for corner;

N 60° 29' 51" E 391.05 ft. to a 5/8" iron rod found for corner;

S 83° 34' 52" E 343.22 ft. to a 1/2" iron rod set for corner;

S 13° 22' 00" W 291.74 ft. to a 5/8" iron rod found for corner;

S 12° 52' 49" W 257.26 ft. to a 5/8" iron rod found for corner;

S 07° 59' 00" E 185.44 ft. to a 5/8" iron rod found for corner;

S 41° 45' 58" E 198.24 ft. to a calculated point for corner on a bluff bank;

S 54° 05' 58" E 169.98 ft. to a calculated point for corner on a bluff bank;

N 81° 08' 02" E 150.95 ft. to a 5/8" iron rod found for corner;

N 86° 52' 27" E 217.14 ft. to a 5/8" iron rod found for corner;

N 82° 20' 10" E 177.63 ft. to a 5/8" iron rod found for corner;

N 76° 35' 10" E 213.52 ft. to a 5/8" iron rod found for corner;

N 81° 11' 18" E 151.61 ft. to a 5/8" iron rod found for corner;

N 76° 37' 18" E 179.68 ft. to a 5/8" iron rod found for corner;

N 63° 59' 23" E 143.31 ft. to a 5/8" iron rod found for corner;

N 83° 27' 58" E 180.64 ft. to a 1/2" iron rod set for corner;

S 13° 27' 58" W 95.68 ft. to a 5/8" iron rod found for corner;

S 07° 12' 02" E 159.45 ft. to a 5/8" iron rod found for corner;

S 40° 47' 34" E 95.13 ft. to a 5/8" iron rod found for corner;

N 70° 37' 43" E 88.74 ft. to a 5/8" iron rod found for corner;

N 55° 24' 41" W 116.66 ft. to a 5/8" iron rod found for corner;

N 12° 40' 39" E 144.08 ft. to a 5/8" iron rod found for corner;

N 09° 54' 12" W 76.56 ft. to a 5/8" iron rod found for corner;

N 83° 12' 13" E 172.73 ft. to a 1/2" iron rod set for corner;

N 79° 45' 13" E 299.28 ft. to a 5/8" iron rod found for corner

and

N 72° 25' 51" E 7.80 ft. to a concrete monument found for the north common corner between said Livingston Development, Ltd. called 465.192 acres and said Livingston Development, Ltd. called 19.771 acres, same being the south common corner between said Trinity River Authority called 16.53 acres and the called 193.64 acres described in deed to said Trinity River Authority of Texas recorded in Volume 107, Page 336 of said Deed Records, said point being located on the common survey line between said Francis Kennedy Survey and said John Colvin Survey;

Thence S 23° 28' 18" E 494.42 ft. (deed call - S 23° 31' 00" E 494.23 ft.) along the common survey line between said Kennedy and Colvin Surveys, same being the common line between said called 465.192 acres and said called 19.771 acres, to a concrete monument found for the west common corner between said called 19.771 acres and the residue of the Thomas S. Foster Estate called 512 acres described in deed recorded in Volume 6, Page 378 of said Deed Records;

Thence S 22° 50' 57" E 286.62 ft. (deed call - S 22° 39' 12" E 286.83 ft.) along the common survey line between said Kennedy and Colvin Surveys, same being the common line between said Livingston Development, Ltd. called 465.192 acres and said Foster Estate residue tract, to a concrete monument found for a common survey corner between said Kennedy Survey, said Colvin Survey, and the Michael B. Menard Survey, A-36, said point also being the most northern corner of the 54.515 acres described in deed to Barbara D. Graves recorded in Volume 227, Page 375 of said Official Public Records;

Thence S 18° 41' 06" W (deed call - S 18° 40' 36" W) along the common survey line between said Kennedy and Menard Surveys, same being the common line between said called 465.192 acres and said Graves called 54.515 acres, at 5.41 ft. pass a concrete monument found on line, and continuing along said common line, a total distance of 2,794.57 ft. to a concrete monument found for the east common corner between said Kennedy Survey and the W. B. Clint Survey, A-424, said point being the east common corner between said Livingston Development, Ltd. lands and the called 20.33 acres titled to the Thomas S. Foster Estate and described as "Tract 28" in deed recorded in Volume 6, Page 378 of said Deed Records;

Thence S 87° 31' 40" W 633.25 ft. (deed call - S 87° 34' 26" W 637.29 ft.) along the common survey line between said Kennedy and Clint Surveys, same being the common line between said Livingston Development, Ltd. tract and said Foster Estate called 20.33 acres, to a 1/2" iron rod set at the intersection of said line with the north right of way line of said F. M. Highway No. 980, same being the north line of the called 11.117 acres described as "Part XIV" in said deed to the State of Texas recorded in Volume 120, Page 82 of said Deed Records;

Thence 782.21 ft. in a westerly direction along the north right of way line of said F. M. Highway No. 980, same being the common line between said Livingston Development, Ltd. tract and said State of Texas called 11.117 acre tract, in a curve to the left having a central angle of 15° 16' 16", the radius being 2,934.79 ft., and the chord bears N 83° 21' 52" W 779.89 ft. to a 1/2" iron rod set marking a point of transition in said right of way line, from said point a concrete right-of-way monument found bears N 88° 09' 42" W 3.88 ft.;

Thence N 82° 16' 35" W 329.66 ft. along the north right of way line of said F. M. Highway No. 980, same being the common line between said Livingston Development, Ltd. tract and said State of Texas called 11.117 acre tract, to a 1/2" iron rod set marking an angle point in said right of way line;

Thence S 86° 27' 19" W 900.89 ft. along the north right of way line of said F. M. Highway No. 980, same being the common line between said Livingston Development, Ltd. tract and said State of Texas called 11.117 acre tract, to a 1/2" iron rod set marking an angle point in said right of way line;

Thence S 89° 00' 00" W 500.00 ft. along the north right of way line of said F. M. Highway No. 980, same being the common line between said Livingston Development, Ltd. tract and said State of Texas called 11.117 acre tract, to a 1/2" iron rod set marking an angle point in said right of way line, from said point a concrete right-of-way monument found bears S 83° 34' 59" W 13.51 ft.;

Thence S 88° 32' 59" W 1,272.43 ft. along the north right of way line of said F. M. Highway No. 980, same being the south line of said Livingston Development, Ltd. tract, common in part with said State of Texas called 11.117 acre tract and said State of Texas called 14.509 acre tract, crossing the common survey line between said Kennedy Survey and said Foster Survey, to a 1/2" iron rod set marking an angle point in said right of way line, from said point a concrete right-of-way monument found bears S 05° 17' 10" W 0.88 ft.;

Thence N 86° 05' 06" W 315.22 ft. along the north right of way line of said F. M. Highway No. 980, same being the common line between said Livingston Development, Ltd. tract and said State of Texas called 14.509 acre tract, to a 1/2" iron rod set marking an angle point in said right of way line, from said point a concrete right-of-way monument found bears S 85° 05' 33" E 4.97 ft.;

Thence N 81° 08' 00" W 193.36 ft. along the north right of way line of said F. M. Highway No. 980, same being the common line between said Livingston Development, Ltd. tract and said State of Texas called 14.509 acre tract, to a 1/2" iron rod set marking the P.C. of a curve in said right of way line, from said point a concrete right-of-way monument found bears S 79° 01' 44" E 5.11 ft.;

Thence 1,038.16 ft. in a northwesterly direction along the north right of way line of said F. M. Highway No. 980, same being the common line between said Livingston Development, Ltd. tract and said State of Texas called 14.509 acre tract, in a curve to the right having a central angle of 32° 09' 18", the radius being 1,849.86 ft., and the chord bears N 59° 05' 39" W 1,024.59 ft. to a 1/2" iron rod found marking the P. T. of said curve;

Thence N 43° 01' 00" W 928.17 ft. along the northeast right of way line of said F. M. Highway No. 980, same being the common line between said Livingston Development, Ltd. tract and said State of Texas called 14.509 acre tract, to a 1/2" iron rod set marking an angle point in said right of way line, from said point a concrete right-of-way monument found bears N 21° 10' 38" W 1.74 ft.;

Thence N 34° 25' 00" W 200.03 ft. along the northeast right of way line of said F. M. Highway No. 980, same being the common line between said Livingston Development, Ltd. tract and said State of Texas called 14.509 acre tract, to a 1/2" iron rod set marking an angle point in said right of way line, from said point a concrete right-of-way monument found bears S 73° 58' 55" W 0.96 ft.;

Thence N 43° 01' 00" W 195.67 ft. along the northeast right of way line of said F. M. Highway No. 980, same being the common line between said Livingston Development, Ltd. tract and said State of Texas called 14.509 acre tract, to the place of beginning and containing within these bounds 465.349 acres of land. Parcel Two: 9.492 Acres

Beginning at a 1/2" iron rod found for the north common corner between said Livingston Development, Ltd. called 9.774 acres described as "Tract No. 2" in deed recorded in Volume 173, Page 749 of the San Jacinto County Official Public Records and the called 0.389 acre tract described as "Second Tract" in deed to Woodrow H. Archer, Sr. and wife, Fredrica A. Archer, recorded in Volume 216, Page 876 of said Official Public Records, located on the common survey line between the John Foster Survey, A-115, and the Francis Kennedy Survey, A-194, and also being located on the southwest right of way line of F. M. Highway No. 980, said point being the south common corner between the called 14.509 acres described as "Part XIII" and the called 11.117 acres described as "Part XIV" in deed to the State of Texas recorded in Volume 120, Page 82 of said Deed Records;

Thence S 00° 49' 01" E, along the common survey line between said Foster and Kennedy Surveys, same being the common line between said Livingston Development, Ltd. tract and said Archer called 0.389 acre tract, at 51.10 ft. pass the west common corner between said Kennedy Survey and the O. C. Wakefield Survey, A-471, same being the west common corner between said Archer called 0.389 acre tract and the called 2 acre tract described as "First Tract" in said Archer deed, and continuing S 00° 49' 01" E, along the common survey line between said Foster and Wakefield Surveys, same being the common line between said Livingston Development, Ltd. and said Archer called 2 acre tract, in all a total distance of 178.93 to a concrete monument found for the northeast corner of the called 13.96 acre tract described in deed to Gordon Bryant Chamness recorded under Clerk's File No. 02-3693 of said Official Public Records, from said point a 1/2" iron rod found bears S 07° 29' 11" W 14.80 ft.;

Thence S 86° 24' 56" W 631.78 ft. along the north line of said Chamness called 13.96 acre tract to a 1" iron pipe found for the north common corner between said Chamness tract and the called 3.01 acre tract described in deed to George H. Carter recorded in Volume 119, Page 405 of said Deed Records;

Thence S 85° 17' 16" W 331.92 ft. along the north line of said Carter called 3.01 acre tract to a concrete monument found for west common corner between said Carter tract and said Livingston Development, Ltd. tract, located within the rights-of-way of Ryans Ferry Road [a 60 ft. wide county maintained public roadway], from said point a 6" cylinder found bears N 05° 45' 24" W 3.91 ft.;

Thence N 71° 52' 13" W 18.20 ft. along the south line of said Livingston Development, Ltd. tract, with the rights-of-way of said Ryans Ferry Road, to a rail road spike set for the south common corner between said Livingston Development, Ltd. tract and the called 0.62 acre tract described as "Tract Two" in deed to Troy L. Morgan and wife, Sheryl L. Morgan, recorded in Volume 241, Page 2 of said Official Public Records;

Thence N 42° 58' 13" W 286.92 ft. along the common line between said Livingston Development, Ltd. tract and said Morgan called 0.62 acre, within the rights-of-way of said Ryans Ferry Road, to a 5/8" iron rod found marking an angle point in said line located in the centerline of said road;

Thence N 53° 25' 00" W 304.89 ft. along the common line between said Livingston Development, Ltd. tract and said Morgan called 0.62 acre, same being the centerline of said Ryans Ferry Road, to a rail road spike set marking an angle point in said line;

Thence N 46° 05' 01" W 241.16 ft. along the common line between said Livingston Development, Ltd. tract and said Morgan called 0.62 acre, same being the centerline of said Ryans Ferry Road, to a rail road spike set marking an angle point in said line;

Thence S 88° 18' 01" W 77.58 ft. along the common line between said Livingston Development, Ltd. tract and said Morgan called 0.62 acre, crossing the southwest right-of-way line of said Ryans Ferry Road, to a concrete monument found marking the common corner between said Livingston Development, Ltd. tract, said Morgan called 0.62 acre, the called 21.25 acre tract described as "Tract One" in said Morgan deed, and the called 6.64 acre tract described in deed to Frank O'Connor and wife, Wallie O'Connor, recorded in Volume 198, Page 816 of said Deed Records;

Thence N 51° 18' 00" W 161.95 ft. along the common line between said Livingston Development, Ltd. tract and said O'Connor called 6.64 acre tract to a concrete monument found for corner;

Thence N 33° 36' 54" W 261.13 ft. along the common line between said Livingston Development, Ltd. tract and said O'Connor called 6.64 acre tract to a 1/2" iron rod found for corner located in the centerline of Ryans Ferry Road;

Thence N 50° 18' 38" W 504.13 ft. along the southwest line of said Livingston Development, Ltd. tract, common in part with the northeast line of said O'Connor called 6.64 acre tract and the called 3.3 acres described in deed to Marine Williams Brown recorded in Volume 84, Page 531 of said Official Public Records, to a 1/2" iron rod found for corner, located within the rights-of-way of said Ryans Ferry Road;

Thence N 16° 16' 00" W 252.29 ft. along the common line between said Livingston Development, Ltd. tract and said Brown called 3.3 acre tract, crossing the northeast right of way line of said Ryans Ferry Road, to a 1/2" iron rod found for corner, located on the southwest right of way line of said F. M. Highway No. 980, same being the southwest line of said State of Texas called 14.509 acres;

Thence S 43° 01' 00" E 781.50 ft. along the common line between said Livingston Development, Ltd. tract and said State of Texas called 14.509 acre tract, same being the southwest right of way line of said F. M. Highway No. 980, to a 1/2" iron rod set marking the P.C. of a curve in said right of way line, from said point a concrete right-of-way monument found bears S 44° 12' 03" E 0.49 ft.;

Thence 1,649.69 ft. in a southeasterly direction along the common line between said Livingston Development, Ltd. tract and said State of Texas called 14.509 acre tract, same being the southwest right of way line of said F. M. Highway No. 980, in a curve to the left having a central angle of 47° 59' 00", the radius being 1,969.86 ft. and the chord bears S 67° 00' 30" E 1,601.91 to a 1/2" iron rod found marking the P.T. of said curve;

Thence S 89° 39' 00" E 389.52 ft. along common line between said Livingston Development, Ltd. tract and said State of Texas called 14.509 acre tract, same being the south right of way line of said F. M. Highway No. 980 to the place of beginning and containing within these bounds 9.492 acres of land. Parcel Three: 19.766 Acres

Beginning at a concrete monument found marking the west common corner between said Livingston Development, Ltd. called 19.771 acres described in deed recorded in Volume 251, Page 17 of the San Jacinto County Official Public Records and the residue of the Thomas S. Foster Estate called 512 acres described in deed recorded in Volume 6, Page 378 of the San Jacinto County Deed Records, located on the common survey line between the John Colvin Survey, A-10, and the Francis Kennedy Survey, A-194, said point being an angle point in the northeast line of the called 465.192 acres (465.349 acres by re-survey) described as "Tract No. 1" in deed to Livingston Development, Ltd. recorded in Volume 173, Page 749 of said Official Public Records;

Thence N 23° 28' 18" W 494.42 ft. (called N 23° 31' 00" E 494.23 ft. in said called 465.192 acre deed) along common line between said Livingston Development, Ltd. called 19.771 acre tract and said Livingston Development, Ltd. 465.349 acre tract to a concrete monument found for the north common corner between said tracts, same being the south common corner between the called 193.64 acres described as Fee Tract F-5 in deed to the Trinity River Authority of Texas recorded in Volume 107, Page 336 of said Deed Records and the called 16.53 acres described as Fee Tract F-15 in deed to said Trinity River Authority of Texas recorded in Volume 108, Page 161 of said Deed Records;

Thence along the common line between said Livingston Development, Ltd. called 19.771 acres and said Trinity River Authority called 193.64 acres as follows:

N 72° 25' 51" E 134.07 ft. to a 5/8" iron rod found for corner;

N 36° 20' 36" E 171.32 ft. to a calculated point for corner on a bluff bank;

N 30° 58' 36" E 246.88 ft. to a calculated point for corner on a bluff bank;

N 42° 48' 36" E 136.19 ft. to a 5/8" iron rod found for corner;

N 78° 01' 43" E 160.46 ft. to a 5/8" iron rod found for corner;

S 86° 17' 35" E 140.42 ft. to a 5/8" iron rod found for corner;

S 45° 05' 45" E 121.07 ft. to a 5/8" iron rod found for corner;

S 25° 16' 35" W 141.35 ft. to a 5/8" iron rod found for corner;

S 20° 22' 07" W 161.28 ft. to a 5/8" iron rod found for corner;

N 52° 34' 00" E 247.87 ft. to a 5/8" iron rod found for corner;

N 15° 01' 29" W 157.48 ft. to a 5/8" iron rod found for corner;

N 83° 01' 46" E 120.34 ft. to a 5/8" iron rod found for corner;

S 85° 47' 26" E 155.87 ft. to a 5/8" iron rod found for corner;

N 49° 39' 35" E 173.19 ft. to a 5/8" iron rod found for corner;

N 65° 36' 49" E 119.65 ft. to a calculated point for corner;

N 76° 12' 49" E 107.67 ft. to a calculated point for corner;

S 07° 31' 49" W 305.54 ft. to a 5/8" iron rod found for corner;

S 37° 13' 51" W 209.79 ft. to a 5/8" iron rod found for corner;

N 57° 23' 45" E 97.30 ft. to a 5/8" iron rod found for corner;

S 55° 59' 18" E 90.80 ft. to a 5/8" iron rod found for corner;

S 31° 39' 00" W 144.07 ft. to a 5/8" iron rod found for corner;

S 08° 35' 00" E 1.20 ft. to a 5/8" iron rod found for the east common corner between said Livingston Development, Ltd. called 19.771 acres and said Foster Estate residue tract;

Thence S 67° 22' 17" W 1,310.57 ft. along the common line between said Livingston Development, Ltd. called 19.771 acre tract and said Foster Estate residue tract to the place of beginning and containing within these bounds 19.766 acres of land.

SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.