80R11737 HLT-F

By: Nichols S.B. No. 1963

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Montgomery County Municipal Utility District No. 113; 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 8212 to read as follows: CHAPTER 8212. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 113 SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8212.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Montgomery County Municipal Utility District No. 113.

Sec. 8212.002. NATURE OF DISTRICT. (a) The district is a municipal utility district created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

(b) The district, to the extent authorized by Section 8212.103 and Section 52, Article III, Texas Constitution, has road powers.

Sec. 8212.003. CONFIRMATION ELECTION REQUIRED. The board shall hold an election to confirm the creation of the district as provided by Section 49.102, Water Code.

Sec. 8212.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All land and other property in the district will benefit from the improvements and services to be provided by the district.

Sec. 8212.005. 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 in the field notes or in copying the field notes in the legislative process does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for a purpose for which the district is created or to pay the principal of and interest on the bond;

(3) right to impose an assessment or tax; or

(4) legality or operation. [Sections 8212.006-8212.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8212.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Directors serve staggered four-year terms.

Sec. 8212.052. INITIAL DIRECTORS. (a) The initial board consists of:

(1) Albert Joshua Barouh;

(2) Ashley Short Grigsby;

(3) Genevieve Strang;

(4) Jeffrey T. Nielsen; and

(5) David Garrett.

(b) Unless the initial board agrees otherwise, the initial directors 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.

(c) This section expires September 1, 2014. [Sections 8212.053-8212.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 8212.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 8212.102. 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. 8212.103. ROAD PROJECTS. (a) Under Section 52, Article III, Texas Constitution, the district may finance, construct, or acquire a road project as provided by this section.

(b) The district shall employ or contract with a licensed engineer to certify whether a proposed road project meets the criteria for a thoroughfare, arterial, or collector road of:

(1) a county in whose jurisdiction the proposed road project is located; or

(2) a municipality in whose corporate limits or extraterritorial jurisdiction the proposed road project is located.

(c) The district may finance, construct, or acquire a road that has been certified by the licensed engineer as a thoroughfare, arterial, or collector road, or any improvements in aid of the certified road.

(d) A road project must be located:

(1) in the district; or

(2) in another municipal utility district that serves a master planned community the district also serves.

(e) A road project must meet all applicable standards, regulations, ordinances, or orders of:

(1) each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located; and

(2) each county in which the road project is located if the road project is not located in the corporate limits of a municipality.

(f) The district may, with the consent of the municipality or county, convey a completed road project to:

(1) a municipality in whose corporate limits or extraterritorial jurisdiction the road project is located; or

(2) a county in which the road project is located.

Sec. 8212.104. COMPLIANCE WITH MUNICIPAL CONSENT RESOLUTION. The district shall comply with all applicable requirements of any resolution, adopted by the governing body of a municipality under Section 54.016, Water Code, that consents to the creation of the district or to the inclusion of land in the district.

Sec. 8212.105. RECREATIONAL FACILITIES; LIMIT ON EMINENT DOMAIN POWER. (a) In this section, "recreational facilities" and "develop and maintain" have the meanings 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 8212.106-8212.150 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8212.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by revenue or contract payments from a source other than ad valorem taxation.

(b) The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.

(c) The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of district voters voting at an election held for that purpose.

Sec. 8212.152. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8212.151, the district may impose an operation and maintenance tax on taxable property in the district as provided by Chapter 49.107, Water Code.

(b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election. [Sections 8212.153-8212.200 reserved for expansion] SUBCHAPTER E. BONDS

Sec. 8212.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.

Sec. 8212.202. BONDS FOR ROAD PROJECTS. At the time of issuance, the total principal amount of a bond, note, or other obligation issued or incurred to finance a road project may not exceed one-fourth of the assessed value of real property in the district according to the most recent certified tax appraisal roll for Montgomery County.

Sec. 8212.203. BONDS FOR RECREATIONAL FACILITIES. If authorized at an election under Section 8212.151, the district may issue bonds payable from ad valorem taxes to pay for the development and maintenance of recreational facilities.

Sec. 8212.204. TAXES FOR BONDS AND OTHER OBLIGATIONS. At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued:

(1) the board shall impose a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding; and

(2) the district annually shall impose an ad valorem tax on all taxable property in the district in an amount sufficient to:

(A) pay the interest on the bonds or other obligations as the interest becomes due;

(B) create a sinking fund for the payment of the principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date; and

(C) pay the expenses of imposing the taxes.

SECTION 2. The Montgomery County Municipal Utility District No. 113 initially includes all the territory contained in the following area: Being 745.224 acres of land located in the Archibald Hodge Survey, Abstract 18, the James Pevehouse Survey, Abstract 29, the John Sealy Survey, Abstract 759, and the Thomas Curry Survey, Abstract 136, Montgomery County, Texas, more particularly being those tracts of land conveyed to Woodforest Partners, L.P., by instrument of record under File No. 2006-103723, Official Public Records of Real Property at Montgomery County, Texas (M.C.O.P.R.R.P.) as follows: all of that certain called 22.96 acre tract (described as Tract V, therein), all of that certain called 62.76 acre tract (described as Tract VIII, therein), all of that certain called 100.971 acres (described as Tract XI, therein), a portion of that certain called 934.56 acre tract (described as Tract I, therein), a portion of that certain called 50.19 acre tract (described as Tract II, therein), a portion of that certain called 251.14 acre tract (described as Tract IV, therein), a portion of that certain called 98.29 acres tract (described as Tract VII, therein), a portion of that certain tract (described as Tract IX, therein), a portion of that certain called 56.7354 acre tract conveyed to Woodforest Golf Club, LLC by instrument of record under File No. 2004-111100, M.C.O.P.R.R.P., a portion of that certain called 10.00 acre tract conveyed from Mid-South Electric Cooperative Association to Woodforest Partners, L.P. by instrument by instrument dated November 29, 2006, a portion of that certain called 379.05 acre tract conveyed to Woodforest Partners, L.P., by instrument of record under File No. 2006-138302, M.C.O.P.R.R.P., a portion of Street Dedication Plat of Fish Creek Thoroughfare Phase I, a plat of record in Cabinet P, Sheets 64-65, Map Records of Montgomery County, Texas (M.C.M.R.), a portion of Street Dedication Plat of Fish Creek Thoroughfare Phase II, a plat of record in Cabinet P, Sheets 62-63, M.C.M.R., and a portion of Elk-Trace Golf Estates Section One, a subdivision of record in Cabinet P, Sheets 66-67, M.C.M.R.; said 745.224 acres being more particularly described by metes and bounds as follows; all bearings referenced to aforementioned Fish Creek Thoroughfare Phase II; BEGINNING at the northwest corner of the aforementioned 50.19 acre tract, same being on the easterly right-of-way line of Fish Creek Thoroughfare (150-feet wide) as shown on aforementioned Fish Creek Thoroughfare Phase II; Thence, with the north line of said 50.19 acres, North 88° 07' 35" East, at 1189.82 feet pass the northeast corner of said 50.19 acres, same being the northwest corner of the aforementioned 22.96 acres, and continuing in all a distance of 2189.82 feet to a point for corner, being the northeast corner of said 22.96 acres, also being on the common line of aforementioned James Pevehouse Survey and the Thomas Curry Survey; Thence, with the east line of said 22.96 acres and said common survey line, South 02° 35' 40" East, at 1000.00 feet pass the southeast corner of said 22.96 acres, same being the most easterly northeast corner of aforementioned 50.19 acres, and continuing with the east line of said 50.19 acres, in all a distance of 1024.20 feet to a point for corner, being the northwest corner of the aforementioned 100.971 acres; Thence, leaving said east line and common survey line, with the north line of said 100.971 acres, North 86° 32' 41" East, passing at 2949.44 feet the northeast corner of said 100.971 acres, same being an angle point on the west line of aforementioned 379.05 acres, and continuing in all a distance of 3175.30 feet to a point for corner; Thence, South 14° 31' 18" East, 228.60 feet to a point for corner; Thence, South 01° 17' 53" East, 297.10 feet to a point for corner; Thence, South 18° 10' 41" West, 183.20 feet to a point for corner; Thence, South 01° 17' 07" East, 257.08 feet to a point for corner; Thence, South 07° 14' 45" East, 165.32 feet to a point for corner; Thence, South 09° 57' 27" East, 258.89 feet to a point for corner; Thence, South 08° 39' 51" West, 166.94 feet to a point for corner; Thence, South 21° 50' 16" West, 91.61 feet to a point for corner; Thence, South 34° 14' 57" West, 117.42 feet to a point for corner; Thence, South 24° 43' 23" West, 95.82 feet to a point for corner; Thence, South 19° 46' 32" West, 139.26 feet to a point for corner; Thence, South 21° 18' 58" West, 102.02 feet to a point for corner; Thence, South 18° 19' 00" West, 114.86 feet to a point for corner; Thence, South 34° 58' 28" West, 137.99 feet to a point for corner; Thence, South 34° 27' 24" West, 127.42 feet to a point for corner; Thence, South 12° 10' 58" West, 95.17 feet to a point for corner; Thence, South 07° 42' 25" West, 120.11 feet to a point for corner; Thence, South 06° 18' 47" West, 165.03 feet to a point for corner; Thence, South 04° 39' 06" East, 74.53 feet to a point for corner, being on the common line of aforementioned 934.56 and 56.7354 acres; Thence, with said common line, South 85° 18' 31" East, 659.06 feet to a point for corner, being a common angle point of said 934.56 acres and that certain called 218.2370 acre tract conveyed to Elk Trace Golf Club by instrument of record under File No. 2000-030725, M.C.O.P.R.R.P.; Thence, leaving said common line, with the common line of said 218.2370 and 56.7354 acres, South 56° 12' 39" West, 355.28 feet to a point for corner; Thence, leaving said common line, South 57° 35' 11" West, 656.56 feet to a point for corner; Thence, South 08° 21' 41" East, 168.07 feet to a point for corner, being on aforementioned common line of 218.2370 and 56.7354 acres; Thence, with said common line, South 06° 56' 37" West, 229.57 feet to a point for corner, being the most easterly northeast corner of Block 2 as shown on aforementioned Elk-Trace Golf Estates Section One; Thence, with the common line of said 218.2370 acres and Block 2, South 17° 56' 41" West, 650.36 feet to a point for corner; Thence, leaving said common line, with a southeasterly line of said Block 2, South 47° 20' 56" West, 61.70 feet to a point for corner on the aforementioned common line of 218.2370 acres and Block 2; Thence, with said common line the following three (3) courses; 1. North 67° 20' 55" West, 363.49 feet to a point for corner; 2. North 86° 12' 26" West, 377.79 feet to a point for corner; 3. North 39° 12' 50" West, 534.86 feet to a point for corner; Thence, leaving said common line, with a westerly line of said Block 2, the following three (3) courses: 1. North 12° 23' 29" West, 238.03 feet to a point for corner; 2. North 28° 38' 18" West, 93.24 feet to a point for corner; 3. South 80° 37' 13" West, 8.95 feet to a point for corner on the aforementioned common line of 218.2370 acres and Block 2; Thence, with said common line, North 15° 35' 12" West, 461.11 feet to a point for corner; Thence, leaving said common line, with a westerly line of said Block 2, North 05° 08' 25" West, 97.89 feet to a point for corner; Thence, continuing with said westerly line, North 36° 15' 04" West, 50.30 feet to a point for corner on the aforementioned common line of 218.2370 acres and Block 2; Thence, with said common line, North 15° 35' 12" West, 348.54 feet to a point for corner; Thence, continuing with said common line, South 51° 27' 53" West, 221.47 feet to a point for corner; Thence, leaving said common line, with a southerly line of said Block 2, South 79° 01' 56" West, 33.03 feet to a point for corner; Thence, continuing with said southerly line, South 41° 55' 38" West, 92.25 feet to a point for corner, being on the aforementioned common line of 218.2370 acres and Block 2; Thence, with said common line, South 51° 27' 53" West, 669.50 feet to a point for corner; Thence, continuing with said common line, South 47° 24' 23" West, at 853.29 feet pass the most southerly corner of said Block 2, same being the northwest corner of said 218.2370 acres, also being on the easterly right-of-way line of aforementioned Fish Creek Thoroughfare, and continuing in all a distance of 1033.62 feet to a point for corner, being on the west right-of-way line of said Fish Creek Thoroughfare, same being an easterly line of that certain called 103.0101 acre tract conveyed to Elk Trace Golf Club, L.P., by instrument of record under File No. 2000-030725, M.C.O.P.R.R.P., and being on the arc of a curve; Thence, with the common line of said Fish Creek Thoroughfare and 103.0101 acres, the following 4 courses: 1. 183.53 feet along the arc of a non-tangent curve to the right having a radius of 2075.00 feet, a central angle of 05° 04' 04, and a chord that bears North 07° 45' 13" West, 183.47 feet to a point for corner; 2. North 05° 13' 11" West, 254.51 feet to a point for corner, the beginning of a curve; 3. 853.78 feet along the arc of a tangent curve to the left having a radius of 1925.00 feet, a central angle of 25° 24' 43, and a chord that bears North 17° 55' 33" West, 846.80 feet to a point for corner; 4. North 30° 37' 54" West, 295.75 feet to a point for corner, being an angle point on the east line of aforementioned 98.29 acres; Thence, with the common line of said 103.0101 and 98.29 acres, South 71° 58' 45" West, 169.12 feet to a point for corner; Thence, continuing with said common line, South 54° 33' 51" West, 195.65 feet to a point for corner; Thence, leaving said common line, South 31° 36' 19" West, 57.23 feet to a point for corner; Thence, South 02° 30' 24" West, 316.42 feet to a point for corner; Thence, South 18° 26' 30" East, 235.42 feet to a point for corner; Thence, South 44° 10' 35" East, 198.42 feet to a point for corner, being on the aforementioned common line of said 103.0101 and 98.29 acres; Thence, with said common line, South 14° 37' 57" East, 929.20 feet to a point for corner; Thence, leaving said common line, South 33° 24' 56" West, 36.44 feet to a point for corner; Thence, South 22° 40' 22" East, 366.05 feet to a point for corner, being on the aforementioned common line of said 103.0101 and 98.29 acres; Thence, with said common line, South 18° 11' 51" East, 401.56 feet to a point for corner; Thence, continuing with said common line, South 40° 17' 46" East, at 300.13 feet pass the southeast corner of said 98.29 acres, same being the northeast corner of aforementioned 10.00 acres, and continuing, with the common line of said 103.0101 and 10.00 acres, in all a distance of 802.84 feet to a point for corner; Thence, leaving said common line, South 81° 03' 35" West, 192.36 feet to a point for corner, being on the common line of said 103.0101 and 10.00 acres; Thence, with said common line, South 86° 10' 50" West, 617.42 feet to a point for corner; Thence, continuing with said common line, South 66° 03' 00" West, 554.45 feet to a point for corner; Thence, leaving said common line, South 83° 32' 05" West, 92.99 feet to a point for corner, being on the common line of said 103.0101 and 10.00 acres; Thence, with said common line, North 16° 45' 34" East, 387.65 feet to a point for corner; Thence, continuing with said common line, North 16° 57' 30" West, at 22.51 feet pass the northwest corner of said 10.00 acres, same being the southwest corner of aforementioned 98.29 acres, and continuing, with the common line of said 98.29 and 103.0101 acres, in all a distance of 1116.53 feet to a point for corner; Thence, with said common line, the following six (6) courses: 1. South 89° 07' 26" West, 445.57 feet to a point for corner; 2. North 09° 27' 25" East, 337.44 feet to a point for corner; 3. North 31° 20' 59" West, 393.23 feet to a point for corner; 4. North 10° 13' 41" West, 682.81 feet to a point for corner; 5. North 77° 28' 12" West, 116.44 feet to a point for corner; 6. North 03° 22' 57" East, 357.10 feet to a point for corner; Thence, leaving said common line, North 04° 47' 18" East, 1043.56 feet to a point for corner, being on the common line of said 98.29 and 103.0101 acres; Thence, with said common line, North 62° 59' 28" East, 197.47 feet to a point for corner; Thence, continuing with said common line, South 74° 13' 15" East, 513.20 feet to a point for corner; Thence, leaving said common line, South 28° 49' 54" East, 235.27 feet to a point for corner; Thence, South 31° 19' 21" East, 612.89 feet to a point for corner, being a common angle point of said 98.29 and 103.0101 acres; Thence, with the common line of said 98.29 and 103.0101 acres, North 65° 18' 02" East, 195.96 feet to a point for corner; Thence, continuing with said common line, North 47° 21' 02" East, 168.80 feet to a point for corner, being on the aforementioned westerly right-of-way line of Fish Creek Thoroughfare; Thence, with the common line of said Fish Creek Thoroughfare and 103.0101 acres, North 30° 37' 54" West, 693.00 feet to a point for corner, the beginning of a curve; Thence, 248.38 feet along the arc of a tangent curve to the right having a radius of 2075.00 feet, a central angle of 06° 51' 30", and a chord that bears North 27° 12' 09" West, 248.23 feet to a point for corner, being the most westerly corner of aforementioned 251.14 acres; Thence, leaving said common line, with the common line of said 103.0101 and 251.14 acres, the following six (6) courses: 1. North 73° 14' 23" West, 834.80 feet to a point for corner; 2. South 56° 07' 29" West, 604.40 feet to a point for corner; 3. South 21° 30' 50" West, 242.70 feet to a point for corner; 4. South 38° 09' 17" East, 193.27 feet to a point for corner; 5. South 07° 58' 19" West, 822.17 feet to a point for corner; 6. South 11° 09' 50" East, 199.80 feet to a point for corner; Thence, leaving said common line, with a southerly and westerly line of said 251.14 acres, the following seventeen (17) courses: 1. North 35° 43' 17" West, 228.48 feet to a point for corner; 2. North 44° 58' 49" West, 396.13 feet to a point for corner; 3. South 82° 52' 14" West, 53.75 feet to a point for corner; 4. North 47° 28' 11" West, 217.12 feet to a point for corner; 5. North 78° 21' 31" West, 231.43 feet to a point for corner; 6. North 87° 23' 44" West, 293.64 feet to a point for corner; 7. North 72° 03' 38" West, 238.26 feet to a point for corner; 8. North 19° 38' 28" West, 99.17 feet to a point for corner; 9. North 61° 52' 54" West, 190.83 feet to a point for corner; 10. North 85° 56' 55" East, 50.64 feet to a point for corner; 11. North 35° 20' 45" West, 122.49 feet to a point for corner; 12. North 68° 14' 30" West, 61.64 feet to a point for corner; 13. North 03° 37' 12" West, 209.29 feet to a point for corner; 14. South 86° 38' 28" West, 49.98 feet to a point for corner, being on the common line of aforementioned Thomas Curry Survey and the Matthew Cartwright Survey, Abstract 151, Montgomery County, Texas; 15. With said common survey line, North 03° 19' 28" West, 2972.19 feet to a point for corner; 16. Leaving said common survey line, North 69° 34' 56" East, 440.00 feet to a point for corner; 17. North 03° 19' 28" West, 863.20 feet to a point for corner, being on the approximate Extra Territorial Jurisdiction (ETJ) line of the City of Conroe; Thence, with said approximate ETJ line, North 84° 33' 28" East, 271.56 feet to a point for corner; Thence, continuing with said approximate ETJ line, South 87° 27' 01" East, at 968.66 feet pass a point on the aforementioned westerly right-of-way line of Fish Creek Thoroughfare, and continuing in all a distance of 1149.12 feet to a point for corner; Thence, continuing with said approximate ETJ line, South 88° 10' 11" East, 12.78 feet to a point for corner, being on the easterly right-of-way line of said Fish Creek Thoroughfare; Thence, with said easterly right-of-way line, the following five (5) courses: 1. South 36° 34' 46" East, 493.30 feet to a point for corner, the beginning of a curve; 2. 217.91 feet along the arc of a tangent curve to the right having a radius of 2075.00 feet, a central angle of 06° 01' 01", and a chord that bears South 33° 34' 16" East, 217.81 feet to a point for corner; 3. South 30° 33' 45" East, 430.07 feet to a point for corner, the beginning of a curve; 4. 287.14 feet along the arc of a tangent curve to the right having a radius of 2075.00 feet, a central angle of 07° 55' 43", and a chord that bears South 26° 35' 54" East, 286.91 feet to a point for corner; 5. South 22° 38' 02" East, 258.95 feet to the POINT OF BEGINNING and containing 760.604 acres of land. Save and except however, the following nine (9) tracts of land. SAVE AND EXCEPT TRACT NO. 1 1.003 acres being Lot 6, Block 1, Elk-Trace Golf Estates Section One, a subdivision of record in Cabinet P, Sheets 66-67, M.C.M.R. SAVE AND EXCEPT TRACT NO. 2 3.995 acres being comprised of Lots 18, 19 and 20, Block 1, Elk-Trace Golf Estates Section One, a subdivision of record in Cabinet P, Sheets 66-67, M.C.M.R. SAVE AND EXCEPT TRACT NO. 3 1.005 acres being Lot 5, Block 2, Elk-Trace Golf Estates Section One, a subdivision of record in Cabinet P, Sheets 66-67, M.C.M.R. SAVE AND EXCEPT TRACT NO. 4 4.045 acres being comprised of Lots 7, 8, 9 and 10, Block 2, Elk-Trace Golf Estates Section One, a subdivision of record in Cabinet P, Sheets 66-67, M.C.M.R. SAVE AND EXCEPT TRACT NO. 5 2.077 acres being comprised of Lots 12 and 13, Block 2, Elk-Trace Golf Estates Section One, a subdivision of record in Cabinet P, Sheets 66-67, M.C.M.R. SAVE AND EXCEPT TRACT NO. 6 2.018 acres being comprised of Lots 26 and 27, Block 2, Elk-Trace Golf Estates Section One, a subdivision of record in Cabinet P, Sheets 66-67, M.C.M.R. SAVE AND EXCEPT TRACT NO. 7 1.237 acres being Lot 32, Block 2, Elk-Trace Golf Estates Section One, a subdivision of record in Cabinet P, Sheets 66-67, M.C.M.R. SAVE AND EXCEPT TRACT NO. 8 Being 5.000 acres of land situated in Thomas Curry Survey, Abstract 136, Montgomery County, Texas, and being a portion the aforementioned 50.19 acres, said 5.00 acres being more particularly described by metes and bounds as follows; COMMENCING at the southeast corner of said 50.19 acres, same being the northeast corner of aforementioned 62.76 acres, also being on the common line of the aforementioned James Pevehouse Survey and the Thomas Curry Survey; Thence, with the east line of said 50.19 acres, North 02° 35' 40" West, 28.15 feet to a point; Thence, leaving said east line, South 87° 24' 24" West, 266.60 feet to the POINT OF BEGINNING; Thence, South 87° 24' 24" West, 466.69 feet to a point for corner; Thence, North 02° 35' 36" West, 466.69 feet to a point for corner; Thence, North 87° 24' 24" East, 466.69 feet to a point for corner; Thence, South 02° 35' 36" East, 466.69 feet to the POINT OF BEGINNING and containing 5.000 acres of land. SAVE AND EXCEPT TRACT NO. 9 Being 5.000 acres of land situated in Thomas Curry Survey, Abstract 136, Montgomery County, Texas, and being a portion the aforementioned 251.15 acres, said 5.00 acres being more particularly described by metes and bounds as follows; COMMENCING for reference at an angle point in the west line of aforementioned 251.14 acres, also being the common line of aforementioned Thomas Curry Survey and the Matthew Cartwright Survey; from which an angle point in said west line bears South 03° 19' 28" East, 2972.19 feet; Thence, South 64° 54' 32" East, 400.09 feet to the POINT OF BEGINNING; Thence, North 87° 24' 20" East, 466.69 feet to a point for corner; Thence, South 02° 35' 40" East, 466.69 feet to a point for corner; Thence, South 87° 24' 20" West, 466.69 feet to a point for corner; Thence, North 02° 35' 40" West, 466.69 feet to the POINT OF BEGINNING and containing 5.000 acres of land. Resulting a net area of 745.224 acres.

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.