By: Laubenberg Senate Sponsor-Deuell H.B. No. 4034

(In the Senate - Received from the House May 18, 2007; May 18, 2007, read first time and referred to Committee on Natural Resources; May 19, 2007, reported favorably by the following vote: Yeas 8, Nays 0; May 19, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Ledbetter Utility District No. 2 of Kaufman and Rockwall Counties; 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 8246 to read as follows: CHAPTER 8246. LEDBETTER UTILITY DISTRICT NO. 2 OF KAUFMAN AND ROCKWALL COUNTIES SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8246.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Ledbetter Utility District No. 2 of Kaufman and Rockwall Counties.

Sec. 8246.002. NATURE OF DISTRICT. The district is a municipal utility district in Kaufman and Rockwall Counties created under and essential to accomplish the purposes of Section 52, Article III, and Section 59, Article XVI, Texas Constitution.

Sec. 8246.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8246.024 before September 1, 2011:

(1) the district is dissolved September 1, 2011, except that the district shall:

(A) pay any debts incurred;

(B) transfer equally to Kaufman and Rockwall Counties 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, 2014.

Sec. 8246.004. 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;

(3) the validity of the district's bonds, notes, or indebtedness; or

(4) the legality or operation of the district or the board. [Sections 8246.005-8246.020 reserved for expansion] SUBCHAPTER A-1. TEMPORARY PROVISIONS

Sec. 8246.021. TEMPORARY DIRECTORS. (a) The temporary board consists of:

(1) Bob Beasley;

(2) Eleanor Garison;

(3) Jerry Kramer;

(4) Tom Pearce; and

(5) Susan Schweizer.

(b) If a temporary director fails to qualify for office, the Texas Commission on Environmental Quality shall appoint a person to fill the vacancy.

(c) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 8246.024; or

(2) the date this chapter expires under Section 8246.003.

Sec. 8246.022. 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 meet at a location in the district agreeable to a majority of the directors. At the meeting, the temporary directors shall elect officers from among the temporary directors and conduct any other district business.

Sec. 8246.023. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8246.024 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has adopted a resolution consenting to the creation of the district.

Sec. 8246.024. 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. 8246.025. INITIAL ELECTED DIRECTORS; TERMS. The directors elected under Section 8246.024 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. 8246.026. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2014. [Sections 8246.027-8246.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8246.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five directors.

(b) Directors serve staggered four-year terms. [Sections 8246.052-8246.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 8246.101. 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. 8246.102. ROAD PROJECTS. (a) To the extent authorized by Section 52, Article III, Texas Constitution, 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, inside the district.

(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.

(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 ordinance or resolution.

Sec. 8246.103. DIVISION OF DISTRICT. (a) The district may be divided into two new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) The division procedure is prescribed by Sections 53.030 through 53.041, Water Code.

(c) Any new district created by the division of the district has all the powers and duties of the district.

(d) Any new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act creating this chapter.

Sec. 8246.104. LIMIT ON EMINENT DOMAIN POWER; CONSENT OF CITY REQUIRED. The district may not acquire land, an easement, or other property in the corporate limits of the city of McLendon-Chisolm by condemnation unless the governing body of the city consents by resolution to the acquisition. [Sections 8246.105-8246.150 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8246.151. TAX TO REPAY BONDS. The district may impose a tax to pay the principal of or interest on bonds or other obligations issued under Section 8246.201.

Sec. 8246.152. 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; or

(4) a person who provides to the public cable television or advanced telecommunications services. [Sections 8246.153-8246.200 reserved for expansion] SUBCHAPTER E. BONDS

Sec. 8246.201. 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, to finance the construction, maintenance, or operation of a project under Section 8246.101 or 8246.102.

(b) The district may not issue bonds or other obligations to finance projects authorized by Section 8246.102 unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election called for that purpose.

(c) Bonds or other obligations issued or incurred to finance projects authorized by Section 8246.102 may not exceed one-fourth of the assessed value of the real property in the district.

SECTION 2. The Ledbetter Utility District No. 2 of Kaufman and Rockwall Counties includes all the territory contained in the following area: METES & BOUNDS DESCRIPTION FOR THE PORTION OF THE MANN PROPERTY IN ROCKWALL COUNTY, TEXAS BEING a tract of land in the Ruth Peckum Survey, A-175, Rockwall County, Texas, and being a portion of that certain 207.46 acre tract of land conveyed to Janice Sue Mann by deed recorded in Volume 2186, Page 265 Deed Records, Kaufman County, Texas (D.R.K.C.T.) and Volume 2186, Page 265 Deed Records, Kaufman County, Texas, and being more particularly described as follows: BEGINNING at a 5/8-Inch iron rod set with plastic cap stamped "Tri-tech DFW Surveying" on the centerline of County Road No. 230 (Mann Road/Smith Road) and the common line between said Ruth Peckum Survey, A-175, Rockwall County and the Ruth Peckum Survey A-374, Kaufman County and marking a common corner between said 207.46 acre tract and that certain 81.547 acre tract of land conveyed to Richard E. Mann Estate by deed recorded in Volume 1375, Page 425, Deed Records Kaufman County, Texas THENCE North 43°48'15" East, along the centerline of said County Read No. 230 (Mann Road and Smith Road) and northwesterly fine of said 207.46 acre tract, a distance of 3275.83 feet to a 5/8" iron rod set with plastic cap stamped "Tri-Tech DFW Surveying", on the northeast line of said Ruth Peckum Survey, A-115 and marking a common corner between said 207.46 acre tract and that certain 147.50 acre tract of land as conveyed to Joyce A. Davenport and McLendon Chisholm Ranch L.P. by deed recorded in Volume 4492, Page 101, Deed Records, Rockwall County, Texas from which a found ½-inch iron rod bears North 44°11'07" East; a distance of 13.91 feet; THENCE South 45°53'01" East, along the common line between said 207.46 acre and 147.50 care tracts and Ruth Peckum Survey, a distance of 1578.50 feet to a ½-inch iron rod found marking the common corner between said 207.46 acre tract and that certain tract of land conveyed to Max B. and B. Beverly Chapman by deed recorded in Volume 643, Page 838, .Deed Records, Kaufman County, Texas; THENCE South 44'05'27" West; along the common line between said 207.46 acre tract and Chapman tract, a distance of 747.34 feet to ½ -iron rod found marking a common corner between said 207.46 acre tract and Chapman tract; THENCE South 46°07'40" East, continuing along said common line, a distance of 940.92 to a point on the common south line of said Ruth Peckum Survey A-175 and Rockwall County; THENCE South 88'46'07" West, along said common line, a distance of 3559.88 feet to the POINT OF BEGINNING and containing a calculated area of 99.989 acres of land. METES & BOUNDS DESCRIPTION FOR THE PORTION OF THE MANN PROPERTY IN KAUFMAN COUNTY, TEXAS BEING a tract of land in the Ruth Peckum Survey, A-374, Kaufman County, Texas, and being a portion of the following tracts of land, a 81.547 acre tract of land conveyed to the Richard E. Mann Estate by deed recorded in Volume 1375, Page 425, D.R.K.T., * 223.507 acre tract conveyed to Janice Sue Mann by deed recorded in Volume 652, Page 245, D.R.K.C.T., and a 207.46 acre tract of land conveyed to Janice Sue Mann by deed recorded In Volume 2186, Page 265 Deed Records, Kaufman County Texas (D.R.K.C.T.) and Volume 2991, Page 290 Deed Records, Rockwall County Texas, and being more particularly described as follows: BEGINNING at a 5/8"-inch iron rod set with plastic cap stamped "Tri-Tech DFW Surveying" on the centerline of County Road No..230 (Mann Road/Smith Road) and marking a common corner between said acre tract and 207.46 acre tract, also being on the common line between said Ruth Peckum Survey, A-374 Kaufman County and Ruth Peckum Survey, A-175 Rockwall County; THENCE North 88°46'07" East, along said common line, a distance of 3559.88 feet to the common line between said 207.46 acre tract and that certain tract of land conveyed to Max B. and B. Beverly Chapman by deed recorded in Volume 643, Page 838, Deed Records, Kaufman County Texas; THENCE South 46'07'40"bst, along said common line, a distance of 646.71 feet to a 1/2-iich iron rod found marking a common corner between said 207.46 acre tract and Chapman tract; THENCE South 44°15'58" West, continuing along said common line, a distance of 1582.37 feet to a ½-inch iron rod found marking the westerly common corner between said Chapman Tract and the aforementioned 223.507 acre tract of land; THENCE South 46°14'08" East, along the common line between said Chapman Tract and 223.507 acre tract, a distance of 3556.97 feet to a 5/8-inch iron rod set with plastic cap stamped "Tri-Tech DFW Surveying", on the northwesterly right-of-way line of F.M. 548 (100 feet in width) and marking the easterly common corner between said Chapman and 223.507 acre tracts; THENCE South 44°10'16" West, along the common line between said F.M 548 right-of-way line and 223.507acre tract, a distance of 338.93 feet to a point on the McLendon-Chisolm E.T.J. line; THENCE North 45°53'02" West, along the McLendon-Chisolm E.T.J. line, a distance of 4685.39 feet to a point for the beginning of a non-tangent curve to the right; THENCE Northwesterly, continuing along the McLendon-Chisolm E.T.J. line and arc of said non-tangent curve, an arc distance of 2313.25 feet, having a radius of 2640.00 feet, a central angle of 50°12'16", and a chord which bears North 71°28'30" West, a distance of 2239.95 feet to a point on the northwesterly line of said 81.547 acre tract and centerline of County Road No. 230 (Mann Road); THENCE 44°54'11" East along the centerline of said County Road No. 230 (Mann Road) and northwesterly line of said 81,547 acre tract, a distance of 331.85 feet to the POINT OF BEGINNING and containing a computed area of 122.055 acres of land. METES AND BOUNDS DESCRIPTION FOR THE PORTION OF THE MANN PROPERTY OUTSIDE THE CITY OF DALLAS E.T.J. & MCLENDON-CHISOLM E.T.J. LIMITS BEING a tract of land in the Ruth Peckum Survey, A-374, Kaufman county, Texas, and being a portion of the following tracts of land, a 50 acre tract of land as conveyed to Janice Sue Mann by deed recorded in Volume 1169, Page 901, Deed Records, Kaufman County, (D.R.K.C.T.), a 223.623 acre tract as conveyed to Richard E. and Janice Sue Mann by deed recorded in Volume 1208, Page 969, D.R.K.C.T., a 14.66 acre tract of land as conveyed to Richard E. & Sue Mann by deed recorded in Volume 131, Page 504, D.R.K.C.T., a 238.278 acre tract as conveyed to Richard E. and Janice sue Mann by deed recorded in Volume 1169, Page 904, D.R.K.C.T., a 81.547 acre tract of land conveyed to the Richard E. Mann Estate by Deed Recorded in Volume 1375, Page 425, D.R.K.C.T., a 44 acre tract of land conveyed to the Richard E. Mann Estate by deed recorded in Volume 1375, Page 425, D.R.K.C.T., a 223.507 acre tract conveyed to Janice Sue Mann by deed recorded in Volume 652, Page 245, D.R.K.C.T., and a 207.46 acre tract of land conveyed to Janice Sue Mann by deed recorded in Volume 2186, Page 265 Deed Records, Kaufman County, Texas, (D.R.K.C.T.) and Volume 2991, Page 290 Deed Records, Rockwall County, Texas, and being more particularly described as follows: COMMENCING at a 5/8 inch rod set with plastic cap stamped "Tri-Tech DFW Surveying", on the northwesterly right-of-way line of F.M. 548 9100 feet in width) and marking the easterly common corner between that certain tract of land conveyed to Max B. and B. Beverly Chapman by deed recorded in Volume 643, Page 838, Deed Records, Kaufman County, Texas and said 223.507 acre tract; THENCE South 44°10'16" Wcst, along the common line between said F.M. 548 right-of-way line and 223.507 acre tract, a distance of 338.93 feet to a point on the McLendon-Chisolm E.T.J. line for the POINT BEGINNING; THENCE South 44°10'16" West, continuing along the common line between said F.M. 548 right-of-way line and 223.507 acre tract and said 223.623 acre tract of land and containing a total distance of 5091.49 feet to a concrete monument marking an angle point in said 223.623 acre tract and F.M. 548 right-of-way line; THENCE South 44°33'16" West, continuing along the common line between said 223.623 acre tract and F.M. 548 right-of-way line, a distance of 877.00 feet to a 5/8-inch iron rod set with plastic cap stamped "Tri-Tech DFW Surveying" marking the common easterly corner between said 223.623 acre tract and Miller Farms Addition as shown by plat recorded in Cabinet 1, Sleeve 442, Plat Records, Kaufman County, Texas.; THENCE North 45°38'00" West, along the common line between said 223.623 acre tract and Miller Farms Addition, a distance of 330.64 feet to a 5/8-inch iron rod set with plastic cap stamped "Tri-Tech DFW Surveying" marking an angle point, from which a ½-inch iron pipe bears South 45°00'00" West, 9.94 feet; THENCE north 45°24'04" West, continuing along said common line between the 223.623 acre tract and Miller Farms Addition, a distance 1750.04 feet to a ½-inch iron rod found marking an angle in said common line; THENCE North 44°57'07" West, continuing along said common line, a distance of 778.76 feet to a 5/8-inch iron rod set with plastic cap stamped "Tri-Tech DFW Surveying" marking the common corner between said 223.623 acre tract and that certain tract of land conveyed to Marvel & Paul Rogers by deed recorded in Volume 2600, Page 347, Deed Records, Kaufman County, Texas; THENCE North 43°47'50" East, along the common line between said 223.623 acre and marvel & Paul Rogers tract, and those certain tracts of land conveyed to Mike and Marveenia Meeks by deed recorded in Volume 2415, Page 281, Johnny and Brigitta Farnsworth by deed recorded in Volume 845, page 537, all in the Deed Records, Kaufman County, Texas, a distance of 1333.28 feet to a 5/8-inch iron rod set with plastic cap stamped "Tri-Tech DFW Surveying" marking the common easterly corner between said 14.66 acre tract and Johnny and Brigitta Farnsworth tract; THENCE North 45°51'42" West, along the common line between said 14.66 acre tract, Farnsworth tract and those certain tracts of land conveyed to Janice Sue Mann by deed recorded in Volume 1694, Page 150 and Marveenia Wells by deed recorded in Volume 1907, Page 27, Deed Records, Kaufman County, Texas, a distance of 1129.59 feet to a point on the City of Dallas E.T.J. 5 mile limit line and are of a non-tangent curve to the left; THENCE Northeasterly, along said City of Dallas E.T.J. line and are of said non-tangent curve, an arc distance of 335.20 feet, radius of 26400.00 feet, a central angle of 00°44'39", and a chord which bears North 05°59'21" East, a distance of 335.19 feet to a point on the common line between said 14.66 acre tract and that certain 29.39 acre tract of land conveyed to Richard E. and Sue Mann by deed recorded in Volume 1333, Page 325, Deed Records, Kaufman County, Texas; THENCE South 45°51'43" East, along the common line between said 14.66 acre tract and 29.39 acre tract, a distance of 1335.07 feet to a 5/8-inch iron rod set with plastic cap stamped "Tri-Tech DFW Surveying", marking the common easterly corner between said 14.66 acre tract and 29.39 acre tract and being in the northwesterly line of that certain 223.623 acre tract conveyed to Richard E. and Janice sue Mann by deed recorded in Volume 1208, Page 969, Deed Records, Kaufman County, Texas; THENCE 43°47'50" East, along the common line between said 223.623 acre and 29.39 acre tract, a distance of 154.90 feet to an 8 inch square fence corner; THENCE 44°38'27" East, along the common line between said 223.623 acre tract and Richard E. and Sue Mann tract and those certain tracts of land conveyed to George Martin by deed recorded in Volume 1986, Page 579 and Clifford A. and Mary K. Walker by deed recorded in Volume 2405, Page 461, Deed Records, Kaufman County, Texas a distance of 888.83 feet to a ¼-inch iron pipe found marking an angle point in said 223.623 acre tract and the common corner between said Walker tract and that the aforementioned 50 acre tract of land; THENCE, 45°29'18" West, along the southwesterly line of said 50 acre tract, a distance of 2230.34 feet a point on the City of Dallas E.T.J. 5 mile limit line and are of a non-tangent curve to the left; THENCE, Northeasterly, along said City of Dallas E.T.J. line and arc of said non-tangent curve, an arc distance of 2320.61 feet, radius of 26400.00 feet, a central angle of 05°02'11", and a chord which bears North 00°06'30" East, a distance of 2319.87 feet to a point on the northwesterly line of said 81,547 acre tract and centerline of County Road No. 230 (Mann Road); THENCE North 44°54'11" East, along the northwesterly line of said 81.547 acre tract and centerline of County Road No. 230 (Mann Road), a distance of 647.61 feet to a point on the McLendon-Chisolm E.T.J. line and a non-tangent curve to the left; THENCE Southeasterly, along said McLendon-Chisolm E.T.J. line and arc of said non-tangent curve an arc distance of 2313.25 feet, radius of 2640.00 feet, a central angle of 50°12'16", and a chord which bears South 71°28'30" East, a distance of 2239.95 feet to a point for the end of said non-tangent curve; THENCE South 45°53'02" East, along the McLendon-Chisolm E.T.J. line, a distance of 4685.39 feet to the POINT OP BEGINNING and containing a computed area of 626.940 acres of land. SAVE AND EXCEPT 16 16.319 acres as conveyed to the City of Dallas by deeds recorded in Volume 435, Page 487 and Volume 444, Page392, and Judgment awarded to the City of Dallas in document dated September24, 1966 and recorded. in Volume 495, Page 279 of the Deed Records of Kaufman County, Texas. SAVE AND EXCEPT a 4.438 acre out parcel of land in the Ruth Peckum Survey, Abstract No. 374, Kaufman County, Texas, being a portion of that certain 223.507 acre tract conveyed to Janice Sue Mann by deed recorded in Volume 652 Page 245, Deed Records of Kaufman County, Texas, and being more completely described as follows: COMMENCING at a 5/8-inch iron rod set with plastic cap stamped "Tri-Tech DFW Surveying", on the northeasterly right-of-way line of F.M. 548 and marking the easterly common corner between said 223.507 acre tract and that certain 223.623 acre tract of land conveyed to Richard E. and Janice sue Mann by deed recorded in Volume 1208 Page 969, Deed Records, Kaufman County, Texas. THENCE North 45°24'27" West (North 43°20'21" West), along the common line between said 223.507 acre tracts, a distance of 1835.15 feet to a 5/8-inch iron rod with plastic cap stamped "Tri-Tech DFW Surveying" for the POINT OF BEGINNING, from which a found 5/8-inch iron rod with plastic cap bears North 44°50'10" East, a distance of 14.27 feet; THENCE North 45°24'27" West (North 43°20'21" West), continuing along the common line between said 223.507 acre and 223.623 acre tracts, a distance of 30.00 feet to a 5/8-inch iron rod set with plastic cap stamped "Tri-Tech DFW Surveying" for a corner of this 4.438 acre tract, from which a found 5/8-inch iron rod with plastic cap bears North 44°50'10" East, a distance of 14.27 feet; THENCE 44°50'10" East, a distance of 69.63 feet to a found 5/8-inch iron rod with plastic cap for a corner of this 4.438 acre tract; THENCE North 10°00'29" West, a distance of 507.00 feet to a 5/8-inch iron rod set with plastic cap stamped "Tri-Tech DFW Surveying" for the beginning of a curve to the right; THENCE Northeasterly, an arc distance of 218.41 feet, a radius of 260.50 feet, a central angle of 48°02'21" and a chord which bears North 14°00'41" East, a distance of 212.07 feet to the point of tangency of said curve; THENCE North 38°01'52" East, a distance of 269.72 feet to found 5/8-inch iron rod with plastic cap for a corner of this 4.438 acre tract; THENCE North 23°28'33" West, a distance of 181.47 feet to a found 5/8-inch iron rod with plastic cap for a corner of this 4.438 acre tract; THENCE North 66°29'31" East, a distance of 270.48 feet to a found 5/8-inch iron rod with plastic cap for a corner of this 4.438 acre tract; THENCE South 11°33'47" East, a distance of 27.00 feet to a found 5/8-inch iron rod with plastic cap for a corner of this 4.438 acre tract; THENCE South 81°15'19" East, a distance of 21.31 feet to a found 5/8-inch iron rod with plastic cap for a corner of this 4.438 acre tract; THENCE South 23°30'29" East, a distance of 270.11 feet to a 5/8-inch iron rod set with plastic cap stamped "Tri-Tech DFW Surveying" for a corner of this 4438 acre tract; THENCE South.37°54'45" West a distance of 508.53 feet to a found 5/8-inch iron rod with plastic cap for a corner of this 4.438 acre tract; THENCE North 52°05'15" West, a distance of 211.44 feet to a found 5/8-inch iron rod with plastic cap for the beginning of a non-tangent curve to the left whose radius bears South 64°40'15" East; THENCE Southwesterly, an arc distance of 142.16 feet, a radius of 230.50 feet, a central angle of 35°20'14" and a chord which bears South 07°39'38" West, a distance of 139.92 feet to the point of tangency of said curve; THENCE South 10°00'29" East, a distance of 522.57 feet to a found 5/8-inch iron rod with plastic cap for a corner of this 4.438 acre tract; THENCE South 44°50'10" West, a distance of 85.07 feet to the POINT OF BEGINNING and containing 4.438 acres of land, leaving a net area of 606.183 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 September 1, 2007.

* * * * *