81R6252 PMO-F
 
  By: Zerwas H.B. No. 1596
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Fort Bend County Municipal Utility
  District No. 204; providing authority to impose a tax and issue
  bonds; granting a limited 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 8331 to read as follows:
  CHAPTER 8331.  FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 204
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8331.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Fort Bend County Municipal
  Utility District No. 204.
         Sec. 8331.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8331.003.  CONFIRMATION AND DIRECTORS' ELECTION
  REQUIRED.  The temporary directors shall hold an election to
  confirm the creation of the district and to elect five permanent
  directors as provided by Section 49.102, Water Code.
         Sec. 8331.004.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)  
  The district is created to serve a public purpose and benefit.
         (b)  The district is created to accomplish the purposes of:
               (1)  a municipal utility district as provided by
  general law and Section 59, Article XVI, Texas Constitution; and
               (2)  Section 52, Article III, Texas Constitution, that
  relate to the construction, acquisition, or improvement of
  macadamized, graveled, or paved roads described by Section 54.234,
  Water Code, or improvements, including storm drainage, in aid of
  those roads.
         Sec. 8331.005.  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 the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for the purposes
  for which the district is created or to pay the principal of and
  interest on a bond;
               (3)  right to impose a tax; or
               (4)  legality or operation.
  [Sections 8331.006-8331.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8331.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8331.052, directors serve
  staggered four-year terms.
         Sec. 8331.052.  TEMPORARY DIRECTORS.  (a)  On or after the
  effective date of the Act creating this chapter, the owner or owners
  of a majority of the assessed value of the real property in the
  district may submit a petition to the Texas Commission on
  Environmental Quality requesting that the commission appoint as
  temporary directors the five persons named in the petition.  The
  commission shall appoint as temporary directors the five persons
  named in the petition.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8331.003; or
               (2)  the fourth anniversary of the effective date of
  the Act creating this chapter.
         (c)  If permanent directors have not been elected under
  Section 8331.003 and the terms of the temporary directors have
  expired, successor temporary directors shall be appointed or
  reappointed as provided by Subsection (d) to serve terms that
  expire on the earlier of:
               (1)  the date permanent directors are elected under
  Section 8331.003; or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (d)  If Subsection (c) applies, the owner or owners of a
  majority of the assessed value of the real property in the district
  may submit a petition to the commission requesting that the
  commission appoint as successor temporary directors the five
  persons named in the petition.  The commission shall appoint as
  successor temporary directors the five persons named in the
  petition.
  [Sections 8331.053-8331.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8331.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8331.102.  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. 8331.103.  AUTHORITY FOR ROAD PROJECTS. (a)  Under
  Section 52, Article III, Texas Constitution, the district may
  design, acquire, construct, finance, issue bonds for, improve, and
  convey to this state, a county, or a municipality for operation and
  maintenance macadamized, graveled, or paved roads described by
  Section 54.234, Water Code, or improvements, including storm
  drainage, in aid of those roads.
         (b)  The district may exercise the powers provided by this
  section without submitting a petition to or obtaining approval from
  the Texas Commission on Environmental Quality as required by
  Section 54.234, Water Code.
         Sec. 8331.104.  APPROVAL OF ROAD PROJECT.  (a)  The district
  may not undertake a road project authorized by Section 8331.103
  unless:
               (1)  each municipality or county that will operate and
  maintain the road has approved the plans and specifications of the
  road project, if a municipality or county will operate and maintain
  the road; or
               (2)  the Texas Transportation Commission has approved
  the plans and specifications of the road project, if the state will
  operate and maintain the road.
         (b)  Except as provided by Subsection (a), the district is
  not required to obtain approval from the Texas Transportation
  Commission to design, acquire, construct, finance, issue bonds for,
  improve, or convey a road project.
         Sec. 8331.105. LIMITATION ON USE OF EMINENT DOMAIN. The
  district may not exercise the power of eminent domain outside the
  district to acquire a site or easement for:
               (1)  a road project authorized by Section 8331.103; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
  [Sections 8331.106-8331.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8331.151.  ELECTIONS REGARDING TAXES OR BONDS. (a) The
  district may issue, without an election, bonds and other
  obligations secured by:
               (1)  revenue other than ad valorem taxes; or
               (2)  contract payments described by Section 8331.153.
         (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 the district voters voting at an
  election held for that purpose.
         Sec. 8331.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8331.151, the district
  may impose an operation and maintenance tax on taxable property in
  the district in accordance with Section 49.107, Water Code.
         (b)  The board shall determine the tax rate.  The rate may not
  exceed the rate approved at the election.
         Sec. 8331.153.  CONTRACT TAXES.  (a)  In accordance with
  Section 49.108, Water Code, the district may impose a tax other than
  an operation and maintenance tax and use the revenue derived from
  the tax to make payments under a contract after the provisions of
  the contract have been approved by a majority of the district voters
  voting at an election held for that purpose.
         (b)  A contract approved by the district voters may contain a
  provision stating that the contract may be modified or amended by
  the board without further voter approval.
  [Sections 8331.154-8331.200 reserved for expansion]
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8331.201.  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, contract payments, grants, or other district money, or any
  combination of those sources, to pay for any authorized district
  purpose.
         Sec. 8331.202.  TAXES FOR BONDS. At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of a continuing
  direct ad valorem tax, without limit as to rate or amount, while all
  or part of the bonds are outstanding as required and in the manner
  provided by Sections 54.601 and 54.602, Water Code.
         Sec. 8331.203.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of bonds or other obligations
  issued or incurred to finance road projects and payable from ad
  valorem taxes may not exceed one-fourth of the assessed value of the
  real property in the district.
         SECTION 2.  The Fort Bend County Municipal Utility District
  No. 204 initially includes all the territory contained in the
  following area:
         Being 1411.108 acres of land located in the Noel F. Roberts
  League, Abstract 79, the Thomas Westall League, Abstract 92, and
  the Andrew Roberts Survey, Abstract 78, Fort Bend County, Texas,
  more particularly being a portion of that certain called 360.3145
  acre tract conveyed to Ash Road Cattle Co., Inc., by instrument of
  record in File No. 2006100983, Official Public Records, of Fort
  Bend County (F.B.C.O.P.R.), being all of that certain called 9.32
  acre tract conveyed to Riverbank Investments, Inc., by instrument
  of record in File No. 2006104798, F.B.C.O.P.R., being a portion of
  that certain called 52.71 acre tract conveyed to Riverbank
  Investments, Inc., by instrument of record in File No. 2006086205,
  F.B.C.O.P.R., being all of that certain called 4.4933 acre tract
  conveyed to Riverbank Investments, Inc., by instrument of record in
  File No. 2006133790, F.B.C.O.P.R., being all of that certain called
  200.2961 acre tract conveyed to Riverbank Investments, Inc., by
  instrument of record in File No. 2007023698, F.B.C.O.P.R., all of
  that certain called 45.40 acre tract (described as Tract 1)
  conveyed to Riverbank Investments, Inc., by instrument of record in
  File No. 2007001713, F.B.C.O.P.R., all of that certain called 41.98
  acre tract (described as Tract 2) conveyed to Riverbank
  Investments, Inc., by instrument of record in File No. 2007004160,
  F.B.C.O.P.R., being all of that certain called 11.1752 acre tract
  conveyed to Riverbank Investments, Inc., by instrument of record in
  File No. 2007023698, F.B.C.O.P.R., being a portion of that certain
  called 2.65 acre tract conveyed to Riverbank Investments, Inc., by
  instruments of record in File No's. 2007001713 and 2007004160,
  F.B.C.O.P.R., being a portion of that certain called 4.9862 acre
  tract conveyed to Twinwood (U.S.), Inc., by instrument of record in
  File No. 2006121124, F.B.C.O.P.R, being a portion of that certain
  called 5.000 acre tract conveyed to Twinwood (U.S.), Inc., by
  instrument of record in File No. 2006108996, F.B.C.O.P.R., being a
  portion of those certain called 53.6119 17.9178 acre tracts
  conveyed to Twinwood (U.S.), Inc., by instrument of record in File
  No. 1999037317, F.B.C.O.P.R., being all of that certain called
  12.4259 acre tract conveyed to Twinwood (U.S.), Inc., by instrument
  of record in File No. 2000105214, F.B.C.O.P.R., being all of that
  certain called 34.8399 acre tract conveyed to Twinwood (U.S.),
  Inc., by instrument of record in File No. 9145921, F.B.C.O.P.R.,
  being all of that certain called 100.236 acre tract conveyed to
  Twinwood (U.S.), Inc., by instrument of record in File No. 9403428,
  F.B.C.O.P.R., being all of that certain called 172.658 acre tract
  conveyed to 471 Pearson Farms, Inc., by instrument of record in File
  No. 2006146530, F.B.C.O.P.R., being all of that certain called
  471.04 acre tract conveyed to 471 Pearson Farms, Inc., by
  instrument of record in File No. 2006102364, F.B.C.O.P.R., and
  being all of that certain called 49.071 acre tract conveyed to 471
  Pearson Farms, Inc., by instrument of record in File No.
  2008047777, F.B.C.O.P.R., said 1411.108 acres being more
  particularly described in six (6) parts by metes and bounds as
  follows (all bearings are assumed);
         PART ONE
         BEGINNING at the southeast corner of said 360.3145 acre
  tract, same being the southwest corner of that certain called
  16.131 acre tract conveyed to Douglas W. Fisher, et al, by
  instrument of record in Volume 887, Page 553, Deed Records, of said
  Fort Bend County (F.B.C.D.R.), and on the north line of that certain
  called 55.9951 acre tract conveyed to Michael R. Burns, et al, by
  instrument of record in File No. 2005120041, F.B.C.O.P.R.;
         Thence, with the south line of said 360.3145 acre tract, the
  following thirteen (13) courses:
               1)  South 87° 31' 34" West (called South 87° 36' 41"
  West), 219.82 feet to a point for corner;
               2)  North 72° 29' 30" West, 99.71 feet to a point for
  corner;
               3)  North 87° 08' 02" West, 55.48 feet to a point for
  corner;
               4)  North 18° 00' 45" West, 59.72 feet to a point for
  corner;
               5)  North 70° 58' 36" West, 125.00 feet to a point for
  corner;
               6)  North 57° 58' 26" West, 82.94 feet to a point for
  corner;
               7)  North 56° 13' 55" West, 280.24 feet to a point for
  corner;
               8)  North 64° 38' 33" West, 158.69 feet to a point for
  corner;
               9)  North 72° 37' 06" West, 339.00 feet to a point for
  corner;
               10)  North 84° 43' 06" West, 479.37 feet to a point for
  corner;
               11)  South 75° 18' 44" West, 55.53 feet to a point for
  corner;
               12)  South 54° 34' 59" West, 60.04 feet to a point for
  corner;
               13)  South 73° 46' 30" West, 228.74 feet to southwest
  corner of said 360.3145 acre tract, same being on the east line of
  said 9.32 acre tract;
         Thence, with the east line of said 9.32 acre tract, South 02°
  28' 44" East (called South 02° 27' 11" East), 96.79 feet to the
  southeast corner of said 9.32 acre tract;
         Thence, with the south line of said 9.32 acre tract, the
  following four (4) courses:
               1)  South 61° 33' 12" West, 47.68 feet to a point for
  corner;
               2)  South 48° 37' 19" West, 199.25 feet to a point for
  corner;
               3)  South 45° 15' 32" West, 176.55 feet to a point for
  corner;
               4)  South 87° 27' 42" West, 422.19 feet to the southwest
  corner of said 9.32 acre tract, same being on the east line of said
  52.71 acre tract;
         Thence, with the east line of said 52.71 acre tract, South 02°
  32' 18" East (called South 02° 30' 45" East), 632.20 feet to the
  southeast corner of said 52.71 acre tract;
         Thence, with the south line of said 52.71 acre tract, the
  following three (3) courses:
               1)  South 30° 27' 35" West, 240.83 feet to a point for
  corner;
               2)  South 22° 45' 01" West, 290.49 feet to a point for
  corner;
               3)  South 26° 09' 57" West, 763.79 feet to the southwest
  corner of said 52.71 acre tract;
         Thence, with the west line of said 52.71 acre tract, North 01°
  48' 07" West, 3097.84 feet to a point for corner;
         Thence, continuing with said west line, North 02° 02' 18"
  West, 986.87 feet to a point for corner;
         Thence, leaving said west line, North 87° 02' 32" East, 572.57
  feet to a point for corner on the east line of said 52.71 acre tract;
         Thence, with the east line of said 52.71 acre tract, South 02°
  54' 50" East, 169.19 feet to a point for corner;
         Thence, continuing with said east line, South 02° 32' 18"
  East, 1549.89 feet to the northwest corner of said 9.32 acre tract;
         Thence, with the north line of said 9.32 acre tract, North 87°
  27' 50" East, 751.16 feet to the northeast corner of said 9.32 acre
  tract, same being on the west line of said 360.3145 acre tract;
         Thence, with the west line of said 360.3145 acre tract, North
  02° 32' 18" West, 1826.89 feet to a point for corner;
         Thence, leaving said west line, North 71° 01' 02" East, 236.27
  feet to a point for corner;
         Thence, North 61° 57' 09" East, 486.25 feet to a point for
  corner;
         Thence, North 52° 07' 38" East, 485.75 feet to a point for
  corner;
         Thence, North 42° 01' 38" East, 486.53 feet to a point for
  corner;
         Thence, North 31° 59' 52" East, 486.24 feet to a point for
  corner;
         Thence, North 22° 04' 57" East, 485.76 feet to a point for
  corner;
         Thence, North 12° 02' 52" East, 485.45 feet to a point for
  corner;
         Thence, North 02° 41' 07" East, 729.64 feet to a point for
  corner on the east line of said 360.3145 acre tract;
         Thence, with the east line of said 360.3145 acre tract, the
  following four (4) courses:
               1)  South 02° 21' 36" East, 204.90 feet to a point for
  corner;
               2)  South 02° 25' 17" East, 3016.66 feet to a point for
  corner;
               3)  South 02° 20' 57" East, 1297.76 feet to a point for
  corner;
               4)  South 02° 22' 26" East, 1004.27 feet to the POINT OF
  BEGINNING and containing 196.430 acres of land.
         PART TWO
         BEGINNING at the northeast corner of said 4.4933 acre tract,
  same being on the west line of said 360.3145 acre tract;
         Thence, with the common line of said 4.4933 and 360.3145 acre
  tracts, South 02° 32' 18" East (called South 02° 27' 11" East),
  260.16 feet to the southeast corner of said 4.4933 acre tract;
         Thence, with the south line of said 4.4933 acre tract, South
  87° 31' 16" West, 751.16 feet to the southwest corner of said 4.4933
  acre tract;
         Thence, with the west line of said 4.4933 acre tract, North
  02° 32' 18" West, 260.16 feet to the northwest corner of said 4.4933
  acre tract;
         Thence, with the north line of said 4.4933 acre tract, North
  87° 31' 16" East, 751.16 feet to the POINT OF BEGINNING and
  containing 4.486 acres of land.
         PART THREE
         BEGINNING at the northwest corner of said 200.2961 acre
  tract, same being the southwest corner of that certain called 10.69
  acre tract conveyed to Jean Thompson, et vir, by instrument of
  record in Volume 512, Page 560, F.B.C.D.R., and on the east
  right-of-way line of F.M. 1489 (width varies);
         Thence, with the common line of said 200.2961 and 10.69 acre
  tracts, North 87° 55' 46" East (called South 89° 14' 32" East),
  1557.79 feet to the northeast corner of said 200.2961 acre tract, on
  the west line of said 11.1752 acre tract and on the common line of
  said Thomas Westall League and said Noel F. Roberts League;
         Thence, with the west line of said 11.1752 acre tract and said
  common survey line, North 02° 19' 50" West (called North 00° 29' 52"
  East), 300.50 feet to the northwest corner of said 11.1752 acre
  tract;
         Thence, leaving said common survey line and with the north
  line of said 11.1752 acre tract, North 87° 45' 58" East, 1009.18 feet
  to the northeast corner of said 11.1752 acre tract, same being on
  the west line of said 2.65 acre tract;
         Thence, with the west line of said 2.65 acre tract, North 02°
  29' 30" West (called North 00° 12' 11" West), 947.23 feet to the
  southeast corner of said 4.9862 acre tract;
         Thence, with the south line of said 4.9862 acre tract, South
  87° 24' 11" West (called South 89° 44' 50" West), 1000.31 feet to the
  southwest corner of said 4.9862 acre tract, on the east line of said
  53.6119 acre tract and on the common line of said Thomas Westall
  League and said Noel F. Roberts League;
         Thence, with the east line of said 53.6119 acre tract and with
  said common survey line, South 02° 31' 27" East (called South 00° 15'
  51" West), 226.21 feet to a the southeast corner of said 53.6119
  acre tract;
         Thence, leaving said common survey line and with the south
  line of said 53.6119 acre tract, South 88° 04' 23" West, 1547.74 feet
  to the southwest corner of said 53.6119 acre tract and on the east
  line of said F.M. 1489;
         Thence, with the common line of said 53.6119 acre tract and
  said F.M. 1489, North 01° 44' 43" West, 1519.01 feet to the northwest
  corner of said 53.6119 acre tract, same being the southwest corner
  of said 14.9178 acre tract;
         Thence, continuing with the common line of said 14.9178 acre
  tract and said F.M. 1489, North 01° 44' 43" West (called North 01° 02'
  35" East), 493.35 feet to the northwest corner of said 14.9178 acre
  tract;
         Thence, with the north line of said 14.9178 acre tract, the
  following five (5) courses:
               1)  North 88° 37' 58" East, 310.50 feet to a point for
  corner;
               2)  South 68° 05' 12" East, 257.20 feet to a point for
  corner;
               3)  South 87° 15' 22" East, 370.54 feet to a point for
  corner;
               4)  North 01° 39' 08" West, 25.06 feet to a point for
  corner;
               5)  South 87° 24' 33" East, 23.86 feet to a point for
  corner;
         Thence, leaving said north line, South 27° 58' 11" East,
  355.16 feet to a point for corner;
         Thence, South 37° 55' 31" East, 486.29 feet to a point for
  corner;
         Thence, South 47° 56' 06" East, 208.22 feet to a point for
  corner on the east line of said 53.6119 acre tract and on the common
  line of said Thomas Westall League and said Noel F. Roberts League;
         Thence, with the east line of said 53.6119 acre tract and with
  said common survey line, South 02° 31' 27" East, 382.51 feet to the
  northwest corner of said 5.000 acre tract;
         Thence, leaving said common survey line and with the north
  line of said 5.000 acre tract, North 87° 23' 13" East (called North
  89° 44' 50" East), 469.45 feet to a point for corner;
         Thence, leaving said north line, South 58° 01' 26" East,
  156.48 feet to a point for corner;
         Thence, South 67° 52' 22" East, 486.38 feet to a point for
  corner;
         Thence, South 77° 58' 23" East, 20.59 feet to a point for
  corner on the east line of said 2.65 acre tract;
         Thence, with the east line of said 2.65 acre tract, South 02°
  29' 30" East, 1623.17 feet to the southeast corner of said 2.65 acre
  tract;
         Thence, with the south line of said 2.65 acre tract, South 87°
  00' 22" West, 60.17 feet to the southwest corner of said 2.65 acre
  tract, same being the most southerly northeast corner of said 41.98
  acre tract;
         Thence, with a south line of said 41.98 acre tract, South 87°
  30' 57" West (called South 89° 57' 44" West), 207.08 feet to a
  reentrant corner of said 41.98 acre tract;
         Thence, with the east line of said 41.98 acre tract, South 02°
  19' 50" East (called South), 4322.10 feet to the southeast corner of
  said 41.98 acre tract;
         Thence, with the south line of said 41.98 acre tract, the
  following three (3) courses:
               1)  South 40° 39' 15" West, 181.22 feet to a point for
  corner;
               2)  South 48° 32' 58" West, 308.00 feet to a point for
  corner;
               3)  South 52° 20' 58" West, 47.50 feet to the southwest
  corner of said 41.98 acre tract, same being the southeast corner of
  said 45.40 acre tract;
         Thence, with the south line of said 45.40 acre tract, the
  following three (3) courses:
               1)  South 52° 20' 58" West (called South 54° 40' 48"
  West), 232.21 feet to a point for corner;
               2)  South 58° 09' 10" West, 244.44 feet to a point for
  corner;
               3)  North 02° 19' 50" West, 27.44 feet to the southwest
  corner of said 45.40 acre tract, same being on the on the common
  line of said Thomas Westall League and said Noel F. Roberts League;
         Thence, with the west line of said 45.40 acre tract and said
  common survey line, South 44° 27' 09" West, 4.49 feet to a point for
  corner, the southeast corner of said 200.2961 acre tract;
         Thence, leaving said common survey line and with the south
  line of said 200.2961 acre tract, the following nineteen (19)
  courses:
               1)  South 63° 35' 50" West, 70.07 feet to a point for
  corner;
               2)  South 78° 36' 41" West, 58.46 feet to a point for
  corner;
               3)  South 53° 26' 35" West, 50.18 feet to a point for
  corner;
               4)  South 59° 46' 48" West, 121.83 feet to a point for
  corner;
               5)  South 53° 30' 56" West, 104.37 feet to a point for
  corner;
               6)  South 56° 10' 29" West, 90.56 feet to a point for
  corner;
               7)  South 62° 00' 00" West, 179.22 feet to a point for
  corner;
               8)  South 52° 38' 17" West, 101.01 feet to a point for
  corner;
               9)  South 50° 07' 56" West, 119.96 feet to a point for
  corner;
               10)  South 49° 49' 54" West, 136.72 feet to a point for
  corner;
               11)  South 53° 22' 53" West, 100.97 feet to a point for
  corner;
               12)  South 04° 59' 07" West, 21.97 feet to a point for
  corner;
               13)  South 44° 09' 14" West, 54.71 feet to a point for
  corner;
               14)  South 63° 08' 28" West, 53.08 feet to a point for
  corner;
               15)  South 45° 29' 40" West, 62.34 feet to a point for
  corner;
               16)  South 59° 07' 52" West, 72.79 feet to a point for
  corner;
               17)  South 85° 38' 24" West, 47.15 feet to a point for
  corner;
               18)  South 60° 47' 03" West, 137.17 feet to a point for
  corner;
               19)  South 57° 56' 35" West, 19.68 feet to the southwest
  corner of said 200.2961 acre tract and on the east line of said F.M.
  1489;
         Thence, with the common line of said 200.2961 acre tract and
  said F.M. 1489, the following five (5) courses:
               1)  North 13° 25' 49" West, 1101.82 feet to a point for
  corner, the beginning of a curve;
               2)  654.25 feet along the arc of a non-tangent curve to
  the right, having a radius of 5679.65 feet, a central angle of 06°
  36' 00" and a chord which bears North 05° 03' 49" West, 653.89 feet
  to a point for corner;
               3)  North 01° 45' 49" West, 1139.56 feet to a point for
  corner;
               4)  North 01° 46' 49" West, 1352.30 feet to a point for
  corner;
               5)  North 01° 45' 49" West, 1740.64 feet to the POINT OF
  BEGINNING and containing 370.613 acres of land.
         PART FOUR
         BEGINNING at the northeast corner of said 12.4259 acre tract,
  same being the southeast corner of that certain called 18.17 acre
  tract conveyed to Donald P. Rettig, by instrument of record in
  Volume 464, Page 158, F.B.C.D.R., and on the west right-of-way line
  of F.M. 1489;
         Thence, with the common line of said 12.4259 acre tract and
  said F.M. 1489, South 01° 41' 29" East (called South 01° 05' 32"
  West), 502.32 feet to the southeast corner of said 12.4259 acre
  tract;
         Thence, with the south line of said 12.4259 acre tract, South
  88° 03' 02" West, 1076.49 feet to the southwest corner of said
  12.4259 acre tract;
         Thence, with the west line of said 12.4259 acre tract, North
  02° 26' 34" West, 500.28 feet to the northwest corner of said 12.4259
  acre tract;
         Thence, with the north line of said 12.4259 acre tract, North
  87° 56' 31" East, 1083.06 feet to the POINT OF BEGINNING and
  containing 12.426 acres of land.
         PART FIVE
         BEGINNING at the northeast corner of said 34.8399 acre tract,
  same being the southeast corner of that certain called 54.4349 acre
  tract conveyed to Twinwood (U.S.), Inc., by instrument of record in
  File No. 2007046885, F.B.C.O.P.R., and on the west right-of-way
  line of F.M. 1489;
         Thence, with the common line of said 34.8399 acre tract and
  said F.M. 1489, South 01° 42' 54" East (called South 01° 04' 32"
  West), 980.70 feet to the southeast corner of said 34.8399 acre
  tract;
         Thence, with the south line of said 34.8399 acre tract, South
  87° 58' 18" West, 1539.02 feet to the southwest corner of said
  34.8399 acre tract, same being on the east line of said 100.236 acre
  tract;
         Thence, with the east line of said 100.236 acre tract, South
  02° 02' 49" East (called South 00° 19' 52" West), 497.23 feet to the
  southeast corner of said 100.236 acre tract;
         Thence, with the south line of said 100.236 acre tract, South
  87° 55' 33" West, 4070.78 feet to the southwest corner of said
  100.236 acre tract, same being on the common line of said Thomas
  Westall League and said Andrew Roberts League;
         Thence, with west line of said 100.236 acre tract and with
  said common survey line, North 01° 36' 56" West, 1072.03 feet to the
  northwest corner of said 100.236 acre tract;
         Thence, leaving said common survey line and with the north
  line of said 100.236 acre tract, North 88° 02' 10" East, 4058.63 feet
  to the northeast corner of said 100.236 acre tract, same being on
  the west line of said 34.8399 acre tract;
         Thence, with the west line of said 34.8399 acre tract, North
  02° 27' 34" West, 416.43 feet to the northwest corner of said 34.8399
  acre tract;
         Thence, with the north line of said 34.8399 acre tract, North
  88° 04' 15" East, 1551.78 feet to the POINT OF BEGINNING and
  containing 134.530 acres of land.
         PART SIX
         BEGINNING at the northeast corner of said 172.658 acre tract,
  same being the southeast corner of that certain called 6.0152 acre
  tract conveyed to Russell S. Cosbey, et ux, by instrument of record
  in File No. 2000099907, F.B.C.O.P.R., and on the west right-of-way
  line of F.M. 1489;
         Thence, with the common line of said 172.658 acre tract and
  said F.M. 1489, the following six (6) courses:
               1)  South 01° 49' 04" East (called South 00° 37' 36"
  West), 3396.51 feet to a point for corner;
               2)  South 03° 48' 40" West, 1091.60 feet to a point for
  corner;
               3)  South 45° 16' 44" East, 36.50 feet to a point for
  corner;
               4)  South 18° 38' 33" East, 268.23 feet to a point for
  corner;
               5)  South 55° 31' 29" East, 68.72 feet to a point for
  corner;
               6)  South 18° 32' 36" East, 22.00 feet to the southeast
  corner of said 172.658 acre tract;
         Thence, with the south line of said 172.658 acre tract, the
  following eight (8) courses:
               1)  South 74° 43' 52" West, 41.05 feet to a point for
  corner;
               2)  South 53° 51' 27" West, 333.34 feet to a point for
  corner;
               3)  South 64° 46' 07" West, 85.48 feet to a point for
  corner;
               4)  South 54° 55' 11" West, 591.64 feet to a point for
  corner;
               5)  South 64° 32' 52" West, 162.51 feet to a point for
  corner;
               6)  South 53° 08' 15" West, 254.36 feet to a point for
  corner;
               7)  South 75° 55' 50" West, 136.41 feet to a point for
  corner;
               8)  South 48° 54' 57" West, 165.71 feet to the southwest
  corner of said 172.658 acre tract, same being on the east line of
  said 471.04 acre tract;
         Thence, with the east line of said 471.04 acre tract, South
  02° 33' 03" East (called South 02° 37' 51" East), 41.13 feet to the
  southeast corner of said 471.04 acre tract;
         Thence, with the south line of said 471.04 acre tract, the
  following seventeen (17) courses:
               1)  South 62° 48' 58" West, 688.77 feet to a point for
  corner;
               2)  South 69° 16' 19" West, 497.92 feet to a point for
  corner;
               3)  South 76° 04' 09" West, 385.16 feet to a point for
  corner;
               4)  South 82° 31' 57" West, 266.60 feet to a point for
  corner;
               5)  South 75° 39' 34" West, 356.46 feet to a point for
  corner;
               6)  South 70° 58' 32" West, 496.84 feet to a point for
  corner;
               7)  South 64° 12' 51" West, 306.60 feet to a point for
  corner;
               8)  South 61° 01' 35" West, 164.27 feet to a point for
  corner;
               9)  South 53° 40' 33" West, 699.98 feet to a point for
  corner;
               10)  South 45° 05' 57" West, 588.54 feet to a point for
  corner;
               11)  South 41° 22' 52" West, 759.42 feet to a point for
  corner;
               12)  South 53° 58' 32" West, 254.99 feet to a point for
  corner;
               13)  South 65° 44' 23" West, 300.33 feet to a point for
  corner;
               14)  South 49° 10' 22" West, 311.59 feet to a point for
  corner;
               15)  South 67° 11' 14" West, 413.50 feet to a point for
  corner;
               16)  South 78° 33' 42" West, 240.12 feet to a point for
  corner;
               17)  North 77° 12' 44" West, 1142.94 feet to the
  southwest corner of said 471.04 acre tract;
         Thence, with the west line of said 471.04 acre tract, North
  01° 54' 52" West, 2799.94 feet to the most westerly northwest corner
  of said 471.04 acre tract;
         Thence, with a north line of said 471.04 acre tract, North 87°
  06' 14" East, 1779.70 feet to a point for corner;
         Thence, North 87° 04' 07" East, 1131.82 feet to a reentrant
  corner of said 471.04 acre tract, same being on the common line of
  said Thomas Westall League and said Andrew Roberts League;
         Thence, with a west line of said 471.04 acre tract and with
  said common survey line, North 02° 32' 08" West, 1603.47 feet to a
  point for corner;
         Thence, continuing with said west line and said common survey
  line, North 01° 58' 25" West, 540.08 feet to the most northerly
  northwest corner of said 471.04 acre tract, same being the
  southwest corner of said 49.071 acre tract;
         Thence, continuing with said common survey line and with the
  west line of said 49.071 acre tract, North 02° 38' 19" West, (called
  North 00° 05' 14" East), 532.05 feet to the northwest corner of said
  49.071 acre tract;
         Thence, leaving said common survey line and with the north
  line of said 49.071 acre tract, North 87° 49' 27" East, 4041.06 feet
  to the northeast corner of said 49.071 acre tract;
         Thence, with the east line of said 49.071 acre tract, South
  01° 40' 42" East, 526.97 feet to the southeast corner of said 49.071
  acre tract, same being the northeast corner of said 471.04 acre
  tract;
         Thence, with the east line of said 471.04 acre tract, South
  01° 40' 42" East, 538.41 feet to a reentrant corner of said 471.04
  acre tract;
         Thence, South 88° 26' 34" East, 31.72 feet to the most
  easterly northeast corner of said 471.04 acre tract, same being on
  the west line of said 172.658 acre tract;
         Thence, with said west line, North 02° 33' 03" West, 3490.59
  feet to most westerly northwest corner of said 172.658 acre tract;
         Thence, with the north line of said 172.658 acre tract, the
  following three (3) courses:
               1)  North 87° 50' 31" East, 624.00 feet to a point for
  corner;
               2)  North 02° 30' 43" West, 475.30 feet to a point for
  corner;
               3)  North 87° 49' 51" East, 898.58 feet to the POINT OF
  BEGINNING and containing 694.217 gross acres of land save and
  except, however, the following described tract of land.
         SAVE AND EXCEPT TRACT FOR PART SIX
         Being a called 1.59 acre tract conveyed to Texas Illinois
  Natural Gas Pipeline Company, by instrument of record in Volume
  273, Page 583. F.B.C.D.R.
         COMMENCING for reference at the southwest corner of said
  172.658 acre tract, same being on the east line of said 471.04 acre
  tract;
         Thence, with the common line of said 172.658 and 471.04 acre
  tracts, North 02° 33' 03" West, 196.66 feet to the southeast corner
  of said 1.59 acre tract and the POINT OF BEGINNING;
         Thence, with the south line of said 1.59 acre tract, South 87°
  06' 36" West, 140.03 feet to the southwest corner of said 1.59 acre
  tract;
         Thence, with the westerly line of said 1.59 acre tract, North
  28° 52' 29" West, 431.44 feet to the northwest corner of said 1.59
  acre tract;
         Thence, with the northerly line of said 1.59 acre tract,
  North 61° 07' 31" East, 149.98 feet to the northeast corner of said
  1.59 acre tract;
         Thence, with the easterly line of said 1.59 acre tract, South
  28° 52' 20" East, 444.10 feet to the most northerly southeast corner
  of said 1.59 acre tract and on the west line of said 172.658 acre
  tract;
         Thence, with the common line of said 1.59 and 172.658 acre
  tracts, South 02° 33' 03" East, 54.32 feet to the POINT OF BEGINNING
  and containing 1.594 acres of land.
         Resulting in a net area for Part Six of 692.623 acres of land.
         Said Part One, Part Two, Part Three, Part Four, Part Five and
  Part Six containing a total of 1411.108 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, 2009.