80(R) HB 4093 - House Committee Report version

	80R17532 JPL-F

	By: Otto, Eiland	H.B. No. 4093

	Substitute the following for H.B. No. 4093:

	By: Smith of Harris	C.S.H.B. No. 4093

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Chambers-Liberty Counties

Improvement District; providing authority to impose a tax and issue

bonds.

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

SECTION 1. CHAMBERS-LIBERTY COUNTIES IMPROVEMENT DISTRICT.

Subtitle C, Title 4, Special District Local Laws Code, is amended by

adding Chapter 3857 to read as follows:

CHAPTER 3857. CHAMBERS-LIBERTY COUNTIES IMPROVEMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3857.001. DEFINITIONS. In this chapter:

(1) "Board" means the board of directors of the

district.

(2) "District" means the Chambers-Liberty Counties

Improvement District.

Sec. 3857.002. CHAMBERS-LIBERTY COUNTIES IMPROVEMENT

DISTRICT. The district is a special district created under

Sections 52 and 52-a, Article III, and Section 59, Article XVI,

Texas Constitution.

Sec. 3857.003. PURPOSE; DECLARATION OF INTENT. (a) The

creation of the district is essential to accomplish the purposes of

Sections 52 and 52-a, Article III, and Section 59, Article XVI,

Texas Constitution, and other public purposes stated in this

chapter. By creating the district and in authorizing Chambers and

Liberty Counties and other political subdivisions to contract with

the district, the legislature has established a program to

accomplish the public purposes set out in Section 52-a, Article

III, Texas Constitution.

(b) The creation of the district is necessary to promote,

develop, encourage, and maintain automobile transportation,

housing, recreation, the arts, safety, and the public welfare in

the district territory.

interpreted to relieve Chambers and Liberty Counties from providing

the level of services provided as of the effective date of the Act

enacting this chapter to the area in the district. The district is

created to supplement and not to supplant the county services

provided in the area in the district.

Sec. 3857.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)

The district is created to serve a public use and benefit.

(b) All land and other property included in the district

will benefit from the improvements and services to be provided by

the district under powers conferred by Sections 52 and 52-a,

Article III, and Section 59, Article XVI, Texas Constitution, and

other powers granted under this chapter.

(1) promote the health, safety, and general welfare of

residents in the district, and of the public;

(2) provide needed funding for the district to

preserve, maintain, and enhance the economic health and vitality of

the district territory as a commercially viable area; and

(3) promote the health, safety, welfare, and enjoyment

of the public by providing pedestrian ways and by landscaping and

developing certain areas in the district, which are necessary for

the restoration, preservation, and enhancement of scenic beauty.

(d) Pedestrian ways along or across a street, whether at

grade or above or below the surface, and street lighting, street

landscaping, parking, and street art objects are parts of and

necessary components of a street and are considered to be a street

or road improvement.

(e) The district will not act as the agent or

instrumentality of any private interest even though the district

will benefit many private interests as well as the public.

Sec. 3857.005. DISTRICT TERRITORY. The district is

composed of the territory described by Section 2 of the Act enacting

this chapter, as that territory may have been modified under:

(1) Subchapter J, Chapter 49, Water Code; or

(2) other law.

Sec. 3857.006. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec. 3857.007. LIBERAL CONSTRUCTION OF CHAPTER. This

chapter shall be liberally construed in conformity with the

findings and purposes stated in this chapter.

[Sections 3857.008-3857.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3857.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five directors who serve staggered terms of

four years, with two or three directors' terms expiring June 1 of

each odd-numbered year.

(b) The board by resolution may change the number of

directors on the board, but only if the board determines that the

change is in the best interest of the district. The board may not

consist of fewer than five or more than 15 directors.

Sec. 3857.052. APPOINTMENT OF DIRECTORS. From persons

recommended by the board, the county judge:

(1) of Liberty County shall appoint directors for

positions 1, 2, and 3; and

(2) of Chambers County shall appoint directors for

positions 4 and 5.

Sec. 3857.053. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.

(a) Except as provided by this section:

(1) a director may participate in all board votes and

decisions; and

(2) Chapter 171, Local Government Code, governs

conflicts of interest for directors.

(b) Section 171.004, Local Government Code, does not apply

to the district. A director who has a substantial interest in a

business or charitable entity that will receive a pecuniary benefit

from a board action shall file a one-time affidavit declaring the

interest. An additional affidavit is not required if the director's

interest changes. After the affidavit is filed with the board

secretary, the director may participate in a discussion or vote on

that action if:

(1) a majority of the directors have a similar

interest in the same entity; or

(2) all other similar business or charitable entities

in the district will receive a similar pecuniary benefit.

entity may not participate in the discussion of or vote on a matter

regarding a contract with that same public entity.

(d) For purposes of this section, a director has a

substantial interest in a charitable entity in the same manner that

a person would have a substantial interest in a business entity

under Section 171.002, Local Government Code.

Sec. 3857.054. COMPENSATION. (a) Sections 375.069 and

375.070, Local Government Code, do not apply to the board.

(b) Section 49.060, Water Code, applies to the board.

Sec. 3857.055. INITIAL DIRECTORS. (a) The initial board

consists of the following directors:

Pos. No.

Name of Director

Ford J. Frost

Ann Chiles Frost

George M. Kuhn, Jr.

Allan Waldrop

Steven L. Devillier

(b) Of the initial directors, the terms of directors

appointed for positions 1 through 3 expire June 1, 2009, and the

terms of directors appointed for positions 4 and 5 expire June 1,

2011.

(d) This section expires September 1, 2012.

[Sections 3857.056-3857.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3857.101. MUNICIPAL UTILITY DISTRICT. The district

has the powers given to a municipal utility district created under

Chapters 49 and 54, Water Code.

Sec. 3857.102. ROAD POWERS. (a) The district has the

powers given to a road district created under Section 52, Article

III, Texas Constitution, including:

(1) a road district under Chapter 257, Transportation

Code; and

(2) a road utility district under Chapter 441,

Transportation Code.

(b) The district has the power under Subsection (a) to

finance arterials, including a farm-to-market road, state highway,

and county road.

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.

(d) The district may not undertake a road project outside

the district 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 outside the district unless each

county in which the district is located consents by resolution.

Sec. 3857.103. NONPROFIT CORPORATION. (a) The board by

resolution may authorize the creation of a nonprofit corporation to

assist and act for the district in implementing a project or

providing a service authorized by this chapter.

(b) The nonprofit corporation:

(1) has each power of and is considered for purposes of

this chapter to be a local government corporation created under

Chapter 431, Transportation Code; and

(2) may implement any project and provide any service

authorized by this chapter.

nonprofit corporation. The board of directors of the nonprofit

corporation shall serve in the same manner as the board of directors

of a local government corporation created under Chapter 431,

Transportation Code.

Sec. 3857.104. AGREEMENTS; GRANTS. (a) The district may

make an agreement with or accept a gift, grant, or loan from any

person.

(b) The implementation of a project is a governmental

function or service for the purposes of Chapter 791, Government

Code.

Sec. 3857.105. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.

To protect the public interest, the district may contract with

Chambers or Liberty County for the county to provide law

enforcement services in the district for a fee.

Sec. 3857.106. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

[Sections 3857.107-3857.150 reserved for expansion]

SUBCHAPTER D. FINANCIAL PROVISIONS

Sec. 3857.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The

board by resolution shall establish the number of directors'

signatures and the procedure required for a disbursement or

transfer of the district's money.

Sec. 3857.152. PETITION REQUIRED FOR FINANCING SERVICES AND

IMPROVEMENTS. (a) The board may not finance a service or

improvement project with assessments under this chapter unless a

written petition requesting that improvement or service has been

filed with the board.

(b) The petition must be signed by:

(1) the owners of a majority of the assessed value of

real property in the district subject to assessment as determined

by the most recent certified tax appraisal roll for Chambers or

Liberty County; or

(2) at least 50 persons who own real property in the

district, if more than 50 persons own real property in the district

as determined by the most recent certified tax appraisal roll for

Chambers or Liberty County.

Sec. 3857.153. MAINTENANCE TAX. (a) If authorized at an

election held in accordance with Section 3857.160, the district may

impose an annual ad valorem tax on taxable property in the district

to:

(1) maintain and operate the district and the

improvements constructed or acquired by the district; or

(2) provide a service.

(b) The board shall determine the tax rate.

Sec. 3857.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)

The board by resolution may impose an assessment for any purpose

authorized by this chapter in all or any part of the district.

(b) An assessment, a reassessment, or an assessment

resulting from an addition to or correction of the assessment roll

by the district, penalties and interest on an assessment or

reassessment, an expense of collection, and reasonable attorney's

fees incurred by the district:

(1) are a first and prior lien against the property

assessed;

(2) are superior to any other lien or claim other than

a lien or claim for county, school district, or municipal ad valorem

taxes; and

(3) are the personal liability of and a charge against

the owners of the property even if the owners are not named in the

assessment proceedings.

resolution imposing the assessment until the date the assessment is

paid. The board may enforce the lien in the same manner that the

board may enforce an ad valorem tax lien against real property.

(d) The board may make a correction to or deletion from the

assessment roll that does not increase the amount of assessment of

any parcel of land without providing notice and holding a hearing in

the manner required for additional assessments.

Sec. 3857.155. UTILITY PROPERTY EXEMPT FROM IMPACT FEES OR

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.

Sec. 3857.156. BONDS AND OTHER OBLIGATIONS. (a) The

district may issue by competitive bid or negotiated sale bonds,

notes, or other obligations payable wholly or partly from ad

valorem taxes, assessments, impact fees, revenue, grants, or other

money of the district, or any combination of those sources of money,

to pay for any authorized purpose of the district.

(b) In exercising the district's power to borrow, the

district may issue a bond or other obligation in the form of a bond,

note, certificate of participation or other instrument evidencing a

proportionate interest in payments to be made by the district, or

other type of obligation.

Sec. 3857.157. APPROVAL REQUIRED FOR WATER-RELATED BONDS.

The district may not issue bonds to finance water, sewage, or

drainage facilities without the approval of the Texas Commission on

Environmental Quality.

Sec. 3857.158. COUNTIES NOT REQUIRED TO PAY DISTRICT

OBLIGATIONS. Except as provided by Section 375.263, Local

Government Code, a county is not required to pay a bond, note, or

other obligation of the district.

Sec. 3857.159. COMPETITIVE BIDDING. Section 375.221, Local

Government Code, applies to the district only for a contract that

has a value greater than $25,000.

Sec. 3857.160. ELECTIONS REGARDING TAXES OR BONDS. (a) In

addition to the elections required under Subchapter L, Chapter 375,

Local Government Code, the district must hold an election in the

manner provided by that subchapter to obtain voter approval before

the district may:

(1) impose a maintenance tax; or

(2) issue a bond payable from ad valorem taxes or

assessments.

(b) The board may submit multiple purposes in a single

proposition at an election.

to the district.

[Sections 3857.161-3857.200 reserved for expansion]

SUBCHAPTER E. DISSOLUTION

Sec. 3857.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING

DEBT. (a) The board may dissolve the district regardless of

whether the district has debt. Section 375.264, Local Government

Code, does not apply to the district.

(b) If the district has debt when it is dissolved, the

district shall remain in existence solely for the purpose of

discharging its debts. The dissolution is effective when all debts

have been discharged.

SECTION 2. BOUNDARIES. As of the effective date of this

Act, the Chambers-Liberty Counties Improvement District includes

all territory contained in the following described area:

Tract 1:

1081.743 acres of land lying partly in Liberty County, Texas and

partly in Chambers County, Texas, out of the G. C. & S. F. R. R. Co.,

Section 19, A-458, T. & N. O. R. R. Co., Section 3, A-381, J. T.

Hayman Survey, A-598, J. Z. Burkett Survey A-725 and A-554, the

subject tract being part of "Tract One", "Tract Two", "Tract

Three", "Tract Six", and "Tract Eight", referred to in that certain

deed from Ben Roshton and wife, Ruth Roshton to J. M. Frost, Jr.,

dated August 16, 1956, and recorded in Volume 448, Page 327, at seq.

of the Deed Records of Liberty County, Texas, and in Volume 180,

Page 149, at seq. of the Deed Records of Chambers County, Texas, and

being more particularly described as follows and in conformance

with the Texas State Plane Coordinate System, South Central Zone.

BEGINNING at a 2 1/2" iron pipe found at the Southeast corner of the

above mentioned "Tract Two" in that certain deed, dated August 16,

1956, recorded in Volume 448, Page 327, at seq. of the Deed Records

of Liberty County, Texas and in Volume 180, Page 149 of the Deed

Records of Chambers County, Texas; said 2 1/2" iron pipe having

State Plane Coordinates of X=3,293,677.00 and Y=770,374.86;

THENCE, S 56° 00' 26" W, with an existing fence, along the Southerly

line of "Tract Two" and "Tract Three", a distance of 5544.01 feet to

a point in the centerline of Hatcherville Road for the Southwest

corner of "Tract Three" and the Southwest corner of this tract;

THENCE, N 34° 21' 33" W, with the West line of "Tract Three", along

the centerline of Hatcherville Road, a distance of 783.39 feet to an

angle point for the lower West line of this tract;

THENCE, N 33° 21' 26" W, continuing with the centerline of

Hatcherville Road, a distance of 378.70 feet to an ell corner of

this described tract;

THENCE, N 56° 17' 54" E, a distance of 2357.88 feet to a point for a

re-entrant corner of the herein described tract; THENCE, N 27° 55'

31" W, a distance of 3123.26 feet to another re-entrant corner of

the herein described tract;

THENCE, S 65° 15' 12" W, a distance of 2720.41 feet to a point in the

centerline of Hatcherville Road for an intermediate Southwesterly

corner of this tract;

THENCE, N 33° 56' 47" W, with the centerline of Hatcherville Road, a

distance of 113.27 feet to an angle point; THENCE, N 03° 12' 32" E,

continuing with the centerline of Hatcherville Road, a distance of

839.67 feet to an angle point;

THENCE, in a Northerly direction with the centerline of

Hatcherville Road as follows:

N 35degrees 10 minutes 03 seconds W, 1742.62 feet to an angle

point;

N 30 degrees 45 minutes 36 seconds W, 1505.27 feet to an angle

point;

N 12 degrees 27 minutes 46 seconds W, 524.96 feet to an angle

point;

N 10 degrees 36 minutes 06 seconds, 340.20 feet to an angle

point;

N 20 degrees 07 minutes 41 seconds W, 1443.46 feet to a point

in the North line of the herein mentioned "Tract Eight" for the

Northwest corner of this tract;

THENCE, N 81° 05' 29" E, at 95.76 feet pass a "1 1/2" iron pipe found

marking the Northeast corner of "Tract Eight" and the Northerly

Northwest corner of "Tract Six", referred to in aforementioned deed

dated August 16, 1956, and continuing with an existing fence, along

the North line of `Tract Six" a total distance of 5241.22 feet to a

point for an angle corner;

THENCE, S 77° 40' 37" E, with an existing fence, a distance of 168.58

feet to the Northeast corner of 'Tract One" in the aforementioned

deed dated August 16, 1956;

THENCE, S 34° 09' 58" E, with an existing fence along the Easterly

line of "Tract One", a distance of 5035.60 feet to a 2 1/2" iron pipe

found at its Southeast corner and being the Southeast corner of this

described tract;

THENCE, S 56° 01' 47" W, with an existing fence along the Southerly

line of "Tract One", a distance of 676.76 feet to a 2 ½" iron pipe

found at the Northeast corner of "Tract Two", of the aforementioned

deed dated August 16, 1956, for a re-entrant corner of this

described tract;

THENCE, S 34° 05' 22" E, with an existing fence along the East line

of `Tract Two", a distance of 3472.60 feet to the PLACE OF

BEGINNING, and containing 1081.743 acres of land, more or less.

A 5 1/8" Iron Rod is set in concrete at all points called for unless

otherwise noted.

Tract 2:

1081.743 acres of land lying partly in Liberty County, Texas and

partly in Chambers County, Texas, out of the Herman Ehrenberg

Survey, A- 440, Liberty, and A-378, Chambers, Counties, G. C. & S.

F. R. R. Co., Section 19, A-458, J. T. Hayman Survey, A-598, and the

T. F. Pinckney Survey, A-1, S. F. 6769; the subject tract being part

of "Tract Four", "Tract Six", `"Tract Two" and "Tract Seven",

referred to in that certain deed from Ben Roshton and wife, Ruth

Roshton to J. M. Frost, Jr., dated August I6, 1956, and recorded in

Volume 448,Page 327, et seq. of the Deed Records of Liberty County,

Texas, and in Volume 180, Page 149, et seq. of the Deed Records of

Chambers County, Texas, and being more particularly described as

follows and in conformance with the Texas State Plane Coordinate

System, South Central Zone.

BEGINNING at a 2 1/2" iron pipe marked K-106 found at the Southwest

corner of "Tract Four" in that certain deed, dated August 16, 1956,

recorded in Volume 448, Page 327, et seq. of the Deed Records of

Liberty County, Texas and in Volume 180, Page 149 of the Deed

Records of Chambers County, Texas; said 2 ½" iron pipe having State

Plane Coordinates of X=3,280,868.46 and Y=763,503.66;

THENCE, N 14° 05' 51" W, along the West line of "Tract Four", a

distance of 5546.20 feet to a point for the Northwest corner of this

tract;

THENCE, N 76° 29' 31" E, with the centerline of a field road, a

distance of 2982.23 feet to a point of intersection with the

centerline of another field road running Northerly, for an ell

corner of this tract;

THENCE, N 20° 35' 58" W, with the centerline of a field road, a

distance of 558.73 feet to a point of intersection with the

centerline of a field road running Easterly for the Northernmost

Northwest corner of this tract;

THENCE, with the centerline of the field road a follows:

N 82 degrees 47 minutes 14 seconds E, 1728.29 feet to an angle

point;

N 68 degrees 08 minutes 55 seconds E. 1940.49 feet to an angle

point;

N 60 degrees 48 minutes 01 seconds E, 764.86 feet to a point

of intersection with the centerline of Hatcherville Road for the

most Northerly corner of this tract;

THENCE, S 03° 12' 32" W, with the centerline of Hatcherville Road, a

distance of 154.30 feet to an angle point;

THENCE, S 33° 56' 47" E, continuing with the centerline of

Hatcherville Road, a distance of 2173.82 feet to a point for a

re-entrant corner of this described tract;

THENCE, N 60° 46' 20" E, a distance of 2500.77 feet to a point for the

Easternmost Northeast corner of this described tract;

THENCE, S 27° 55' 31" E, a distance of 1281.37 feet to a point for the

Easternmost Southeast corner of this described tract;

THENCE, S 56° 17' 54" W, a distance of 2357.88 feet to a point in the

centerline of Hatcherville Road for another re-entrant corner of

this described tract;

THENCE, S 33° 21' 26" E, with the centerline of Hatcherville Road, a

distance of 378.70 feet to a point for the East corner of "Tract

Seven" in that herein aforementioned deed dated August 16, 1956,

and the Easternmost corner of this described tract;

THENCE, S 56° 25' 49" W, with an existing fence along the Southerly

line of "Tract Seven", a distance of 2286.85 feet to a point for the

Southwest corner of said tract in the East line of the herein

aforementioned "Tract Four", for a re-entrant corner of this

described tract;

THENCE, S 14° 40' 09" E, with an existing fence along the East line

of said 'Tract Four", a distance of 1650.91 feet to a 2 1/2" iron

pipe found at the most Southerly Southeast corner of said tract, for

the Southeast corner of this tract;

THENCE, S 76° 05' 00" W, with an existing fence along the South line

of "Tract Four", a distance of 6472.45 feet to the PLACE OF

BEGINNING, and containing 1081.743 acres of land, more or less.

A 5/8" Iron Rod is set in concrete at all points called for unless

otherwise noted.

SAVE and EXCEPT 5.00 acres described in a deed dated March 27, 1996,

executed by Mrs. W. H. Keenan et al to Rio Cabeza, L. C. recorded in

Volume 1610, Page 580 of the Official Public Records of Liberty

County, Texas, said tract of land being further described as

follows:

Being a 5.000 acre tract of land located in the Gulf Coast and Santa

Fe Railroad Co. survey, Section 19, Abstract 458, Liberty County,

Texas; said 5.000 acre tract of land being out of a called 1081.743

acre tract of land recorded in Volume 1436, Page 680 of the Deed

Records of Liberty County, said 5.000 acre tract being more

particularly described by metes and bounds as follows (all bearings

are referenced to the Texas Coordinate System, South Central Zone):

COMMENCING at a 5/8" iron rod found for the Southeast corner of said

1,081.743 acre tract, said corner being in Hatcherville Road;

THENCE, with a northeast line of said 1081.743 acre tract, North 33°

21' 26" West, a distance of 378.70 to a 5/8" iron rod found for an

interior corner of said 1081.743 acre tract;

THENCE, leaving said northeast line and crossing said 1081.743 acre

tract, North 33° 56' 51" West, a distance of 1469.95 feet to an

interior corner of said 1081.743 acres from which a 5/8" iron rod

found bears South 33° 01' 50" East, a distance of 6.20 feet;

THENCE, leaving said northeast line, North 85° 30' 12" West, a

distance of 180.93 to a 5/8" iron rod with plastic cap stamped

"COSTELLO Inc. RPLS 4416" set for the East corner and POINT OF

BEGINNING of the herein described tract;

THENCE, South 52° 48' 13" West, a distance of 330.00 feet to a 5/8"

iron rod with plastic cap stamped "COSTELLO Inc. RPLS 4416" set for

the South corner of herein described tract;

THENCE, North 37° 11' 47" West, a distance of 660.00 feet to a 5/8"

iron rod with plastic cap stamped "COSTELLO Inc. RPLS 4416" set for

the West corner of herein described tract;

THENCE, North 52° 48' 13" East, a distance of 330.00 feet to a 5/8"

iron rod with plastic cap stamped "COSTELLO Inc. RPLS 4416" set for

the North corner of herein described tract;

THENCE, South 37° 11' 47" East; a distance of 660.00 feet to the

POINT OF BEGINNING and containing 5.0000 acres of land.

Tract 3:

965.381 acres in the Herman Ehrenberg Survey, A-439, Herman

Ehrenberg Survey, A-440, G.C.&S.F.R.R. Co., Section 19, A-458, and

G.C.&S.F.R.R. Co., Section 20, in Liberty County, Texas, being part

of "Tract Four", "Tract Five", "Tract Six" and "Tract Eight",

referred to in that certain deed from Ben Roshton and wife, Ruth

Roshton, to J. M. Frost, Jr., dated August 16, 1956, and recorded in

Volume 448, Page 327, et seq., of the Deed Records of Liberty

County, Texas, and being more particularly described as follows and

in conformance with the Texas State Plane Coordinate System, South

Central Zone:

Beginning in the south line of the 290 acre J. R. Barber tract at the

northwest corner of "Tract Five" described in that certain deed

dated August 16, 1956, recorded in Volume 448, Page 327, et seq., of

the Deed Records of Liberty County, Texas, said beginning point

having State Plane Coordinates of X = 3,277,969.80 and Y =

775,045.87;

Thence N 76°06'06" E, along the south line of the said Barber tract

with an existing fence along the north line of "Tract Five", a

distance of 5870.58 feet to a point for the southwest corner of

"Tract Eight" in the above mentioned deed dated August 16, 1956;

Thence N 8°27'51" W, with an existing fence along the west line of

"Tract Eight", a distance of 486.85 feet to a point in the west R. O.

W. line of Hatcherville Road for the most northerly northwest

corner of this tract;

Thence N 81'05'29" E, with the north line of "Tract Eight" along the

centerline of Hatcherville Road, a distance of 530.81 feet to a

point in the centerline of Hatcherville Road, for the northeast

corner of this tract, being the northwest corner of a tract of

1081.743 acres conveyed pursuant to said Cause No. 23,872 to W.

Scott Frost individually and as trustee of certain trusts;

Thence in a southerly direction with the centerline of Hatcherville

Road and along the west line of said 1081.743 acre tract as follows:

S 20°07'41" E 1443.46 feet to an angle point;

S 10°36'06" W 340.20 feet to an angle point;

S 12°27'46" E 524.96 feet to an angle point;

S 30°45'36" E 1505.27 feet to an angle point;

S 35°10'03" E 1742.62 feet to an angle point;

S 3°12'32" W 685.37 feet to a point for the southeast corner of this

tract and the most northerly northeast corner of a tract of 1081.743

acres conveyed pursuant to said Cause No. 23,872 to Mrs. W. H.

Keenan and W. H. Keenan as trustee of certain trusts;

Thence and with the north line of said Keenan tract as follows;

S 60°48'01" W 764.86 feet to an angle point marked by a 5/8" Iron Rod

set in concrete, S 68°08'55" W 1940.49 feet to an angle point marked

by a 5/8" Iron Rod set in concrete, S 82°47'14" W 1728.29 feet to a

point for a re-entrant corner of this tract, marked by a 5/8" Iron

Rod set in concrete, a northwest corner of the said Keenan tract;

Thence S 20°35'58" E with a line of the said Keenan tract, a distance

of 558.73 feet, to a point for the southernmost southeast corner of

this tract, marked by a 5/8" Iron Rod set in concrete;

Thence S 76°29'31" W along the north line of the said Keenan tract, a

distance of 2982.23 feet to a point in the west line of "Tract Four"

of the aforementioned deed dated August 16, 1956, for the southwest

corner of this tract, marked by a 5/8" Iron Rod set in concrete,

being the most westerly northwest corner of said Keenan tract, in

the east line of the J. R. Barber land in the Hugh Morgan Survey;

Thence N 14°05'51" W, with the said east line of the said J. R.

Barber land and an existing fence along the west lines of "Tract

Four" and "Tract Five", a distance of 6354.42 feet, to the Place of

Beginning.

Tract 4:

116.362 acres in the G. C. & S. F. R.R. Co., Section 19, A-458, T. &

N. O. R.R. Co., Section 3, A-381, and the J. T. Haymen Survey,

A-598, in Liberty County, Texas, the subject tract being part of

"Tract One", "Tract Two" and "Tract Six", referred to in that

certain deed from Ben Roshton and wife, Ruth Roshton, to J. M.

Frost, Jr., dated August 16, 1956, and recorded in Volume 448, Page

327, et seq., of the Deed Records of Liberty County, Texas, and

being more particularly described as follows and in conformance

with the Texas State Plane Coordinate System, South Central Zone:

Beginning at a point in the centerline of Hatcherville Road, said

point located S 3°12'32" W 154.30 feet and S 33°56'47" E 113.27 feet

from the southeast corner of the above described 965.381 acre

tract, said beginning point having State Plane Coordinates of X =

3,286,458.54 and Y = 771,167.09, is marked by a 5/8" Iron Rod set in

concrete and is in the most westerly east line of the said Keenan

1081.743 acre tract;

Thence N 65°15'12" E along a boundary line of the W. Scott Frost et

al 1,081.743 acre tract mentioned in the above description of the

965.381 acre tract, a distance of 2720.41 feet to the northeast

corner of this tract, marked by a 5/8" Iron Rod set in concrete, a

corner of the said W. Scott Frost et al tract;

Thence S 27°55'31" E with a boundary line of said W. Scott Frost et

al tract a distance of 1841.89 feet to the southeast corner of this

tract, marked by a 5/8" Iron Rod set in concrete, being the most

easterly northeast corner of the Keenan tract mentioned in the

above description of the 965.381 acre tract;

Thence S, 60°46'20" W along a common line with said Keenan tract a

distance of 2500.77 feet to a point in the centerline of

Hatcherville Road for the southwest corner of this tract, marked by

a 5/8" Iron Rod set in concrete;

Thence N 33°56'47" W, with the centerline of Hatcher-ville Road and

along a common line with said Keenan tract a distance of 2060.55

feet to the Place of Beginning.

SECTION 3. LEGISLATIVE FINDINGS. The legislature finds

that:

(1) proper and 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 by

the constitution and laws of this state, including the governor,

who has submitted the notice and Act to the Texas Commission on

Environmental Quality;

(2) the Texas Commission on Environmental Quality has

filed its recommendations relating to this Act with the governor,

lieutenant governor, and speaker of the house of representatives

within the required time;

(3) the general law relating to consent by political

subdivisions to the creation of districts with conservation,

reclamation, and road powers and the inclusion of land in those

districts has been complied with; and

(4) 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 have

been fulfilled and accomplished.

SECTION 4. EFFECTIVE DATE. 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.