81R8401 PMO-F

By: Hegar S.B. No. 1104

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the XS Ranch Municipal Utility District; 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 8306 to read as follows:

CHAPTER 8306. XS RANCH MUNICIPAL UTILITY DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8306.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the XS Ranch Municipal Utility District.

Sec. 8306.002. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 8306.003. 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. 8306.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8306.003 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.

Sec. 8306.005. 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, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 8306.006. 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 8306.007-8306.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8306.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 8306.052, directors serve staggered four-year terms.

Sec. 8306.052. TEMPORARY DIRECTORS. (a) The temporary board consists of:

(1) Mark Engels;

(2) Mark Oldemeyer;

(3) J. Sulester;

(4) William Faust; and

(5) Don Montague.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 8306.003; 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 8306.003 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 8306.003; 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 8306.053-8306.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8306.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 8306.102. 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. 8306.103. AUTHORITY FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 8306.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.

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

(c) If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.

Sec. 8306.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district.

Sec. 8306.106. 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 8306.103; or

(2) a recreational facility as defined by Section 49.462, Water Code.

Sec. 8306.107. DIVISION OF DISTRICT. (a) The district may be divided into two or more new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes or assessments.

(b) Any new district created by the division of the district has all the powers and duties of the district, including the power to divide in accordance with this section.

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

(d) The board, on its own motion or on receipt of a petition signed by the owners of a majority of the assessed value of real property in the district according to the most recent certified appraisal roll for each county in which the district is located, may adopt an order dividing the district.

(e) The board may adopt an order dividing the district before or after the date the board holds an election under Section 8306.003 to confirm the district's creation.

(f) An order dividing the district shall:

(1) name each new district;

(2) include the metes and bounds of each new district;

(3) appoint temporary directors for each new district; and

(4) provide for the division of assets and liabilities between each new district.

(g) On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order with the Texas Commission on Environmental Quality and record the order in the real property records of each county in which the district is located.

(h) Any new district created by the division of the district shall hold a confirmation and directors' election as required by Section 8306.003.

(i) Any new district created by the division of the district must hold an election as required by this chapter to obtain voter approval before the district may impose a maintenance tax or issue bonds payable wholly or partly from ad valorem taxes.

[Sections 8306.108-8306.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8306.151. 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 8306.153.

(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. 8306.152. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8306.151, 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. 8306.153. 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 8306.154-8306.200 reserved for expansion]

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 8306.201. 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. 8306.202. 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. 8306.203. 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 XS Ranch Municipal Utility District initially includes all the territory contained in the following area: A DESCRIPTION OF 9.631 ACRES IN THE ALBERT BLACK SURVEY ABS. NO. 84, BASTROP COUNTY, TEXAS, BEING ALL OF A 9.631 ACRE TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN DATED DECEMBER 19, 2006 AND RECORDED IN DOCUMENT NO. 200619026 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS; SAID 9.631 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" rebar found for the southernmost corner of the said 9.631 acre tract, being an angle point in the northeast line of a 36.373 acre tract of land described in Volume 1110, Page 812 of the Deed Records of Bastrop County, Texas; THENCE North 46°27'36" West with the southwest line of the said 9.631 acre tract and the northeast line of the said 36.373 acre tract, a distance of 359.38 feet to a 1/2" rebar with cap found in the southeast line of County Road 157 (no apparent defined right-of-way width), being the westernmost corner of the said 9.631 acre tract, being also the northernmost corner of the said 36.373 acre tract, from which a fence post found, bears North 55°17'54" West, a distance of 47.73 feet; THENCE with the southeast line of the County Road 157 and the northwest line of the said 9.631 acre tract the following five (5) courses and distances:

1. North 45°46'15" East, a distance of 258.49 feet to a 1/2" rebar with cap set;

2. North 44°36'32" East, a distance of 385.38 feet to a 1/2" rebar with cap set;

3. North 53°55'26" East, a distance of 65.50 feet to a 1/2" rebar with cap set;

4. North 56°39'18" East, a distance of 735.33 feet to a 1/2" rebar with cap set;

5. North 59°18'13" East, a distance of 148.13 feet to a 1/2" rebar with cap set for the northernmost corner of the said 9.631 acre tract; THENCE South 31°13'11" East with the northeast line of the said 9.631 acre tract, a distance of 97.92 feet to a 1/2" rebar found for the easternmost corner of the said 9.631 acre tract, being in the northwest line of a 26 acre tract of land described in Volume 184, Page 37 of the Deed Records of Bastrop County, Texas; THENCE South 42°28'16" West with the southeast line of the said 9.631 acre tract, the northwest line of the said 26 acre tract, and the northwest line of the said 36.373 acre tract, a distance of 1541.28 feet to the POINT OF BEGINNING, containing 9.631 acres of land, more or less. Surveyed on the ground in October, 2005. Bearing basis is grid azimuth for Texas central zone, 1983/93 HARN values from LCRA control network. THENCE North 42°01'01" East, crossing County Road 48, with the north line of the said 2.064 acre tract and the south line of the said 21.721 acre tract, passing a 1/2" rebar found at a distance of 1.92 feet, and continuing a distance of 230.22 feet, for a total distance of 232.14 feet to the POINT OF BEGINNING, containing 2.064 acres of land, more or less, a portion of which lies within the roadway of County Road 48. Surveyed on the ground in October, 2005. Bearing basis is grid azimuth for Texas central zone, 1983/93 HARN values from LCRA control network. A DESCRIPTION OF 6.114 ACRES IN THE ISAAC HARRIS SURVEY NO. 2, ABSTRACT NO. 38, BASTROP COUNTY, TEXAS, BEING ALL OF A 6.114 ACRE TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN DATED DECEMBER 19, 2006 AND RECORDED IN DOCUMENT NO. 200619026 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS; SAID 6.114 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron pipe found in the west right-of-way line of State Highway 95, being the southeast corner of the said 6.114 acre tract, being in the northwest line of a Department of Justice 163.41 acre tract, from which a concrete highway monument found bears, South 04°44'18" West, a distance of 9494.37 feet; THENCE South 38°26'28" West with the southeast line of the said 6.114 acre tract and the northwest line of the said 163.41 acre tract, passing a 1/2" iron pipe found at a distance of 438.05 feet, continuing for a distance of 1.08 feet, for a total distance of 439.13 feet to a 1/2" rebar with cap set in the east right-of-way line of The Union Pacific Railroad (100' right-of-way width), being the southwest corner of the said 6.114 acre tract; THENCE North 07°14'40" East with the east right-of-way line of The Union Pacific Railroad and the west line of the said 6.114 acre tract, a distance of 1469.53 feet to a 1/2" rebar with cap set for the northwest corner of the said 6.114 acre tract, from which a 1/2" rebar with cap set for the southwest corner of a 2.064 acre tract of land described in Document No. 200619026 of the Official Public Records of Bastrop County, Texas, bears North 07°14'40" East, a distance of 408.85 feet; THENCE South 85°14'10" East with the north line of the said 6.114 acre tract, a distance of 179.90 feet to a 1/2" rebar with cap set in the west right-of-way line of State Highway 95, being the northeast corner of the said 6.114 acre tract, from which a 1/2" rebar with cap set for the southeast corner of the said 2.064 acre tract, bears North 04°45'50" East, a distance of 408.47 feet; THENCE South 04°45'50" West with the west right-of-way line of State Highway 95 and the east line of the said 6.114 acre tract, a distance of 1102.72 feet to the POINT OF BEGINNING, containing 6.114 acres of land, more or less. Surveyed on the ground in October, 2005. Bearing basis is grid azimuth for Texas central zone, 1983/93 HARN values from LCRA control network. A DESCRIPTION OF 5.608 ACRES IN THE JOSEPH ROGERS SURVEY NO. 6 ABS. NO. 55, BASTROP COUNTY, TEXAS, BEING ALL OF A 5.608 ACRE TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED DATED NOVEMBER 9, 2007 AND RECORDED IN DOCUMENT NO. 200716605 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS; SAID 5.608 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" rebar found for the northwest corner of the said 5.608 acre tract, being the southwest corner of Tract 28, Forest Ridge Estates, a subdivision of record in Cabinet 2, Pages 323A-325A of the Plat Records of Bastrop County, Texas, being also a point in the east line of a remainder of a 248.720 acre tract of land described in Volume 411, Page 472 of the Deed Records of Bastrop County, Texas, from which a 1/2" rebar found in the curving south right-of-way line of Forest Ridge Drive (70' right-of-way width), being an angle point in the west line of said Tract 28, being also the northeast corner of the said remainder of a 248.720 acre tract, bears North 27°14'16" East, a distance of 13.70 feet; THENCE South 62°45'31" East with the north line of the said 5.608 acre tract and the south line of said Tract 28, a distance of 765.02 feet to a 1/2" rebar found for the northeast corner of the said 5.608 acre tract, being the southeast corner of said Tract 28, being also in the west line of a 316.745 acre tract of land described in Volume 1386, Page 90 of the Deed Records of Bastrop County, Texas; THENCE South 27°14'58" West with the east line of the said 5.608 acre tract and the west line of the said 316.745 acre tract, a distance of 430.05 feet to a 1/2" rebar found for the southeast corner of the said 5.608 acre tract, being the northeast corner of a 45.49 acre tract of land described in Volume 513, Page 676 of the Deed Records of Bastrop County, Texas, from which a 1/2" rebar found for the southwest corner of the said 316.745 acre tract, being in the east line of the said 45.49 acre tract, bears South 27°31'37" West, a distance of 133.37 feet; THENCE North 46°36'52" West with the south line of the said 5.608 acre tract and the north line of the said 45.49 acre tract, a distance of 796.35 feet to a 1/2" rebar found for the southwest corner of the said 5.608 acre tract, being also the southeast corner of the said remainder of a 248.720 acre tract; THENCE North 27°14'16" East with the west line of the said 5.608 acre tract and the east line of the said remainder of a 248.720 acre tract, a distance of 208.62 feet to the POINT OF BEGINNING, containing 5.608 acres of land, more or less. Surveyed on the ground in August, 2007. Bearing basis is grid azimuth for Texas central zone, 1983/93 HARN values from LCRA control network. A DESCRIPTION OF 305.559 ACRES IN THE ALBERT BLACK SURVEY, ABSTRACT NO. 84 AND THE WILLIAM CANNON SURVEY, ABSTRACT NO. 126, BOTH IN BASTROP COUNTY, TEXAS, BEING ALL OF A 305.559 ACRE TRACT OF LAND (TRACT ONE-A) CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN DATED DECEMBER 19, 2006 AND RECORDED IN DOCUMENT NO. 200619026 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS; SAID 305.559 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a fence post found in the northwest line of County Road 157 (no apparent defined right-of-way width), being a southeast corner of the said 305.559 acre tract, being also the easternmost corner of a 31.077 acre tract of land described in Volume 794, Page 707 of the Deed Records of Bastrop County, Texas, from which a 1/2" rebar with cap found, bears South 55°17'54" East, a distance of 47.73 feet; THENCE with the common line of the said 305.559 acre tract and the said 31.077 acre tract the following four (4) courses and distances:

1. North 46°41'00" West, a distance of 1113.76 feet to a 1/2" rebar with cap set;

2. North 49°09'41" West, a distance of 457.39 feet to a fence post found for the northernmost corner of the said 31.077 acre tract;

3. South 43°50'48" West, a distance of 848.90 feet to a fence post found for the westernmost corner of the said 31.077 acre tract;

4. South 46°40'31" East, a distance of 1605.34 feet to a fence post found in the northwest line of County Road 157, being the southernmost corner of the said 31.077 acre tract; THENCE with the northwest line of County Road 157 and the southeast line of the said 305.559 acre tract the following three (3) courses and distances:

1. South 19°25'21" West, a distance of 469.16 feet to a fence post found;

2. South 30°49'30" West, a distance of 123.66 feet to a fence post found;

3. South 44°36'43" West, a distance of 326.69 feet to a 1/2" rebar with cap set; THENCE South 47°38'02" East crossing County Road 157, with the northeast line of the said 305.559 acre tract, a distance of 50.60 feet to a 1/2" rebar with cap set in the southeast line of County Road 157; THENCE with the southeast line of County Road 157 and a northwest line of the said 305.559 acre tract the following three (3) courses and distances:

1. North 42°04'48" East, a distance of 333.99 feet to a fence post found;

2. North 31°54'15" East, a distance of 94.90 feet to a fence post found;

3. North 20°50'26" East, a distance of 482.98 feet to a fence post found for the westernmost corner of a 36.373 acre tract of land described in Volume 1110, Page 812 of the Deed Records of Bastrop County, Texas; THENCE with the common line of the said 305.559 acre tract and the said 36.373 acre tract the following four (4) courses and distances:

1. South 36°38'46" East, a distance of 205.25 feet to a fence post found;

2. South 50°00'46" West, a distance of 84.05 feet to a fence post found;

3. South 48°13'43" East, a distance of 415.56 feet to a fence post found;

4. South 47°20'51" East, passing a cedar fence post found, referenced in Volume 1110, Page 812 of the Deed Records of Bastrop County, Texas, at a distance of 657.00 feet, and continuing for a total distance of 826.50 feet to a calculated point in the centerline of Big Sandy Creek, being the southernmost corner of the said 36.373 acre tract, being the westernmost corner of a 113 acre tract of land described in Volume 231, Page 525 of the Deed Records of Bastrop County, Texas, being also the northernmost corner of a 127 acre tract of land described in Volume 205, Page 401 of the Deed Records of Bastrop County, Texas; THENCE with the centerline of Big Sandy Creek and the common line of the said 305.559 acre tract and the said 127 acre tract the following thirty-eight (38) courses and distances:

1. South 62°44'23" West, a distance of 165.05 feet to a calculated point;

2. North 58°22'05" West, a distance of 18.28 feet to a calculated point;

3. South 73°14'43" West, a distance of 63.39 feet to a calculated point;

4. South 55°57'33" West, a distance of 83.20 feet to a calculated point;

5. South 43°22'27" West, a distance of 117.85 feet to a calculated point;

6. South 56°58'42" West, a distance of 104.68 feet to a calculated point;

7. South 53°42'47" West, a distance of 111.56 feet to a calculated point;

8. South 71°27'52" West, a distance of 67.50 feet to a calculated point;

9. South 51°39'08" West, a distance of 185.86 feet to a calculated point;

10. North 82°22'00" West, a distance of 46.11 feet to a calculated point;

11. South 63°35'07" West, a distance of 45.29 feet to a calculated point;

12. South 73°09'23" West, a distance of 55.83 feet to a calculated point;

13. South 45°46'01" West, a distance of 59.30 feet to a calculated point;

14. South 70°52'58" West, a distance of 57.75 feet to a calculated point;

15. North 85°04'44" West, a distance of 57.09 feet to a calculated point;

16. North 78°41'38" West, a distance of 127.67 feet to a calculated point;

17. South 76°35'00" West, a distance of 62.10 feet to a calculated point;

18. South 36°17'38" West, a distance of 54.83 feet to a calculated point;

19. South 47°10'05" West, a distance of 74.83 feet to a calculated point;

20. South 70°02'18" West, a distance of 232.43 feet to a calculated point;

21. South 78°49'36" West, a distance of 58.43 feet to a calculated point;

22. South 71°23'00" West, a distance of 51.51 feet to a calculated point;

23. South 60°07'25" West, a distance of 61.12 feet to a calculated point;

24. South 65°36'14" West, a distance of 55.14 feet to a calculated point;

25. South 72°04'58" West, a distance of 42.38 feet to a calculated point;

26. South 48°34'42" West, a distance of 88.25 feet to a calculated point;

27. South 36°37'42" West, a distance of 51.84 feet to a calculated point;

28. South 03°08'33" West, a distance of 46.05 feet to a calculated point;

29. South 30°34'44" West, a distance of 54.17 feet to a calculated point;

30. South 76°17'40" West, a distance of 47.65 feet to a calculated point;

31. South 31°17'00" West, a distance of 98.02 feet to a calculated point;

32. South 27°25'28" West, a distance of 47.32 feet to a calculated point;

33. South 42°56'37" West, a distance of 62.17 feet to a calculated point;

34. South 35°46'55" West, a distance of 50.98 feet to a calculated point;

35. South 27°31'18" West, a distance of 60.31 feet to a calculated point;

36. South 50°27'47" West, a distance of 94.46 feet to a calculated point;

37. South 43°23'51" West, a distance of 176.06 feet to a calculated point;

38. South 32°51'42" West, a distance of 103.82 feet to a calculated point for the southernmost corner of the said 305.559 acre tract, being the westernmost corner of the said 127 acre tract, being the northernmost corner of a 269 acre tract of land described in Volume 199, Page 843 of the Deed Records of Bastrop County, Texas, being also the easternmost corner of a 408.48 acre tract of land described in Volume 248, Page 498 of the Deed Records of Bastrop County, Texas; THENCE North 47°23'26" West with the southwest line of the said 305.559 acre tract and the northeast line of the said 408.48 acre tract, a distance of 523.96 feet to a 1/2" rebar with cap set for the southernmost corner of a 48.6 acre tract of land described in Volume 131, Page 414 of the Deed Records of Bastrop County, Texas; THENCE North 42°21'58' East with the northwest line of the said 305.559 acre tract and the southeast line of the said 48.6 acre tract, a distance of 1130.68 feet to a 1/2" rebar with cap set in the southeast line of County Road 157, being the easternmost corner of the said 48.6 acre tract; THENCE North 47°38'02" West crossing County Road 157, with the southwest line of the said 305.559 acre tract and the northeast line of the said 48.6 acre tract, a distance of 1828.61 feet to a 60d nail in fence corner post found for the northernmost corner of the said 48.6 acre tract, from which a 5/8" rebar found for the easternmost corner of a 52.6 acre tract of land described in Volume 223, Page 615 of the Deed Records of Bastrop County, Texas, bears North 52°06'20" West, a distance of 9.44 feet; THENCE North 47°12'47" West with the southwest line of the said 305.559 acre tract and the northeast line of the said 52.6 acre tract, a distance of 2024.45 feet to a 5/8" rebar found for the westernmost corner of the said 305.559 acre tract, being in the southeast line of a 14.229 acre tract described in Volume 1166, Page 883 of the Deed Records of Bastrop County, Texas, from which a 5/8" rebar found, bears South 43°47'41" West, a distance of 115.45 feet; THENCE North 42°58'23" East with the northwest line of the said 305.559 acre tract (varies from the deed lines of the said 14.229 acre tract, a 14.288 acre tract described in Volume 227, Page 206 of the Deed Records of Bastrop County, Texas, a 14.285 acre tract described in Volume 909, Page 541 of the Deed Records of Bastrop County, Texas, a 14.284 acre tract described in Volume 231, Page 249 of the Deed Records of Bastrop County, Texas, and a 55.290 acre tract described in Volume 134, Page 440 of the Deed Records of Bastrop County, Texas), a distance of 2647.08 feet to a 1/2" rebar found for the northernmost corner of the said 305.559 acre tract, being in the southeast line of the said 55.290 acre tract; THENCE South 48°07'07" East with the northeast line of the said 305.559 acre tract, a distance of 14.14 feet to a 1/2" rebar found for the westernmost corner of Lot 7, Belltaire I, a subdivision of record in Cabinet 2, Page 299B of the Plat Records of Bastrop County, Texas; THENCE with the common line of the said 305.559 acre tract and said Belltaire I the following two (2) courses and distances:

1. South 47°32'20" East, a distance of 1993.38 feet to a 1/2" rebar with cap set for the southernmost corner of Lot 1, of said Belltaire I;

2. North 42°05'43" East, a distance of 586.92 feet to a 5/8" rebar found for the westernmost corner of a 4.001 acre tract of land described in Volume 1338, Page 53 of the Deed Records of Bastrop County, Texas, from which a 5/8" rebar found, bears North 42°09'01" East, a distance of 289.24 feet; THENCE with the common line of the said 305.559 acre tract and the said 4.001 acre tract the following three (3) courses and distances:

1. South 46°59'25" East, a distance of 404.91 feet to a 5/8" rebar found for the southernmost corner of the said 4.001 acre tract;

2. North 43°00'35" East, a distance of 440.49 feet to a 5/8" rebar found for the easternmost corner of the said 4.001 acre tract;

3. North 47°00'16" West, a distance of 373.56 feet to a 1/2" rebar found in the southeast line of County Road 49 (no apparent defined right-of-way width), being the northernmost corner of the said 4.001 acre tract, from which a 5/8" rebar found, bears South 42°58'39" West, a distance of 149.81 feet; THENCE with the common line of County Road 49 and the said 305.559 acre tract the following six (6) courses and distances:

1. North 43°02'21" East, a distance of 612.96 feet to a fence post found;

2. North 71°11'06" East, a distance of 48.40 feet to a fence post found, from which a 1/2" rebar with cap found, bears North 07°51'58" East, a distance of 77.01 feet;

3. South 78°27'24" East, a distance of 54.14 feet to a fence post found;

4. South 47°26'33" East, a distance of 1658.43 feet to a nail found;

5. South 14°04'15" East, a distance of 64.95 feet to a nail found;

6. South 19°26'30" West, a distance of 66.30 feet to a fence post found in the northwest line of County Road 157; THENCE with the northwest line of County Road 157 and the southeast line of the said 305.559 acre tract the following three (3) courses and distances:

1. South 56°22'57" West, a distance of 971.94 feet to a 1/2" rebar with cap set;

2. South 47°07'57" West, a distance of 422.15 feet to a 1/2" rebar with cap set;

3. South 46°17'50" West, a distance of 273.65 feet to the POINT OF BEGINNING, containing 305.559 acres of land, more or less, a portion of which lies within the roadway. Surveyed on the ground in October, 2005. Bearing basis is grid azimuth for Texas central zone, 1983/93 HARN values from LCRA control network. A DESCRIPTION OF 9322.496 ACRES (GROSS) IN THE S.F. AUSTIN SURVEY NO. 1, ABSTRACT NO. 8, THE ISAAC HARRIS SURVEY NO. 2, ABSTRACT NO. 38, THE LEMAN BARKER SURVEY NO. 3, ABSTRACT NO. 6, THE S.M. WILLIAMS SURVEY NO. 4, ABSTRACT NO. 71, THE JOSIAH WILBARGER SURVEY NO. 5, ABSTRACT NO. 70, THE JOHN CRUTCHFIELD SURVEY NO. 12, ABS. NO. 122, AND THE JOSEPH ROGERS SURVEY NO. 6 ABS. NO. 55, ALL IN BASTROP COUNTY, TEXAS, CONSISTING OF: ALL OF A 5566.770 ACRE TRACT (TRACT ONE-D), ALL OF AN 507.061 ACRE TRACT (TRACT ONE-C), ALL OF A 19.149 ACRE TRACT (TRACT FIVE), ALL OF A 54.912 ACRE TRACT (TRACT SIX), ALL OF A 92.556 ACRE TRACT (TRACT SEVEN), ALL OF A 160.346 ACRE TRACT (TRACT EIGHT), AND ALL OF A 112.676 ACRE TRACT (TRACT NINE), CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN DATED DECEMBER 19, 2006 AND RECORDED IN DOCUMENT NO. 200619026 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS; ALL OF A 200.00 ACRE TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN DATED DECEMBER 19, 2006 AND RECORDED IN DOCUMENT NO. 200619025 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS; (THE 200.00 ACRE TRACT LIES WITHIN THE 5566.770 ACRE TRACT) ALL OF A 758.026 ACRE TRACT AND ALL OF A 1164.571 ACRE TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED DATED JUNE 4, 2007 AND RECORDED IN DOCUMENT NO. 200708067 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS; AND ALL OF A 885.050 ACRE TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED DATED NOVEMBER 9, 2007 AND RECORDED IN DOCUMENT NO. 200716605 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS; SAVE AND EXCEPT 1.379 ACRES IN COUNTY ROAD 157 (SAYERS ROAD) RIGHT- OF-WAY (AS DESCRIBED IN EXHIBIT B ATTACHED HERETO) FOR A TOTAL OF 9321.117 (NET) ACRES OF LAND, MORE OR LESS; SAID 9322.496 (GROSS) ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" rebar with cap set in the west right-of-way line of the Union Pacific Railroad (100' right-of-way width), being the northernmost corner of the said 5566.770 acre tract, being also the easternmost corner of a 94.5 acre tract of land described in Volume 205, Page 404 of the Deed Records of Bastrop County, Texas; THENCE with the west right-of-way line of the Union Pacific Railroad and the east line of the said 5566.770 acre tract, the following five (5) courses and distances:

1. South 12°35'28" East, a distance of 4266.68 feet to a 1/2" rebar with cap set;

2. With a curve to the left, an arc length of 1184.55 feet, having a radius of 1482.37 feet and a chord which bears South 35°29'00" East, a distance of 1153.28 feet to a 1/2" rebar with cap set;

3. South 58°22'32" East, a distance of 2814.83 feet to a 1/2" rebar with cap set;

4. With a curve to the right, an arc length of 1583.06 feet, having a radius of 1382.37 feet and a chord which bears South 25°34'07" East, a distance of 1497.96 feet to a 1/2" rebar with cap set;

5. South 07°14'40" West, a distance of 3222.47 feet to a 5/8" rebar found for the northernmost corner of a 90.021 acre tract of land described in Volume 280, Page 26 of the Deed Records of Bastrop County, Texas; THENCE leaving the west right-of-way line of the Union Pacific Railroad, with the common line of the said 5566.770 acre tract and the said 90.021 acre tract, the following two (2) courses and distances:

1. South 41°59'17" West, a distance of 3559.00 feet to a 1/2" rebar with cap set for the westernmost corner of the said 90.021 acre tract;

2. South 48°00'02" East, a distance of 1696.00 feet to a 1/2" rebar with cap set for the southernmost corner of the said 90.021 acre tract, being also in the northwest line of a 100.714 acre tract of land described in Volume 276, Page 639 of the Deed Records of Bastrop County, Texas; THENCE with the common line of the said 5566.770 acre tract and the said 100.714 acre tract the following two (2) courses and distances:

1. South 41°50'22" West, a distance of 3243.40 feet to a 1/2" rebar with cap set for the westernmost corner of the said 100.714 acre tract;

2. South 48°02'42" East, a distance of 1600.00 feet to a 1/2" rebar found in the west right-of-way line of the Union Pacific Railroad, being the southernmost corner of the said 100.714 acre tract; THENCE South 28°48'40" West with the west right-of-way line of the Union Pacific Railroad and the east line of the said 5566.770 acre tract, a distance of 4189.17 feet to a 1/2" rebar with cap set in the fenced north line of County Road 157 (no apparent defined right-of-way width), being the southernmost corner of the said 5566.770 acre tract; THENCE North 70°54'45" West with the fenced north line of County Road 157 and the south line of the said 5566.770 acre tract, a distance of 508.46 feet to a fence post found for the southeast corner of a cemetery (no record description found); THENCE leaving the fenced north line of County Road 157, with the south line of the said 5566.770 acre tract, and the fenced line of said cemetery the following three (3) courses and distances:

1. North 27°36'53" East, a distance of 295.98 feet to a fence post found;

2. North 59°21'01" West, a distance of 213.96 feet to a fence post found;

3. South 46°04'58" West, a distance of 334.28 feet to a fence post found in the fenced northeast line of County Road 157; THENCE with the fenced northeast line of County Road 157 and the southwest line of the said 5566.770 acre tract, the following thirty-three (33) courses and distances:

1. North 48°55'26" West, a distance of 1197.98 feet to a fence post found;

2. With a curve to the right, an arc length of 270.39 feet, having a radius of 959.67 feet and a chord which bears North 35°25'39" West, a distance of 269.50 feet to a fence post found;

3. North 29°09'39" West, a distance of 153.76 feet to a fence post found;

4. North 40°47'14" West, a distance of 639.58 feet to a fence post found;

5. North 34°04'48" West, a distance of 832.33 feet to a fence post found;

6. North 31°21'24" West, a distance of 118.29 feet to a fence post found;

7. North 24°22'16" West, a distance of 176.75 feet to a fence post found;

8. North 18°55'11" West, a distance of 120.47 feet to a fence post found;

9. North 10°15'52" West, a distance of 264.46 feet to a fence post found;

10. North 07°51'48" West, a distance of 327.03 feet to a fence post found;

11. North 12°13'41" West, a distance of 91.49 feet to a fence post found;

12. With a curve to the left, an arc length of 230.63 feet, having a radius of 290.55 feet and a chord which bears North 35°03'33" West, a distance of 224.62 feet to a fence post found;

13. North 60°03'33" West, a distance of 88.80 feet to a fence post found;

14. North 62°48'40" West, a distance of 325.21 feet to a fence post found, from which a 1/2" rebar found, bears South 58°18'36" West, a distance of 60.73 feet;

15. North 71°52'04" West, a distance of 98.90 feet to a 1/2" rebar with cap set;

16. North 84°51'25" West, a distance of 548.44 feet to a fence post found;

17. South 86°27'29" West, a distance of 73.98 feet to a fence post found;

18. South 78°51'37" West, a distance of 39.75 feet to a fence post;

19. South 73°16'07" West, a distance of 141.66 feet to a fence post;

20. With a curve to the right, an arc length of 139.35 feet, having a radius of 290.37 feet and a chord which bears South 87°41'13" West, a distance of 138.02 feet to a fence post found;

21. With a curve to the right, an arc length of 165.02 feet, having a radius of 774.91 feet and a chord which bears North 68°44'53" West, a distance of 164.71 feet to a fence post found;

22. North 52°54'39" West, a distance of 123.41 feet to a fence post found;

23. North 31°56'06" West, a distance of 79.58 feet to a fence post found;

24. North 21°29'47" West, a distance of 191.24 feet to a fence post found;

25. North 22°51'02" West, a distance of 86.71 feet to a fence post found;

26. With a curve to the left, an arc length of 228.67 feet, having a radius of 548.91 feet and a chord which bears North 38°10'46" West, a distance of 227.02 feet to a fence post found, from which a 1/2" rebar with cap found, bears South 11°31'55" West, a distance of 58.42 feet;

27. North 48°39'12" West, a distance of 119.64 feet to a fence post found, from which a 1/2" rebar with cap found, bears South 74°52'45" West, a distance of 56.05 feet;

28. With a curve to the right, an arc length of 124.62 feet, having a radius of 489.39 feet and a chord which bears North 37°56'09" West, a distance of 124.29 feet to a fence post found;

29. North 30°09'55" West, a distance of 171.71 feet to a fence post found;

30. North 34°19'30" West, a distance of 193.48 feet to a fence post found;

31. North 41°24'11" West, a distance of 112.93 feet to a fence post found;

32. North 55°09'35" West, a distance of 71.44 feet to a fence post found;

33. North 72°29'33" West, a distance of 137.95 feet to a fence post found for an angle point in the southeast line of a 22.43 acre tract of land described in Volume 176, Page 62 of the Deed Records of Bastrop County, Texas; THENCE leaving the north line of County Road 157, with the fenced common line of the said 5566.770 acre tract and the said 22.43 acre tract, the following five (5) courses and distances:

1. North 37°28'32" East, a distance of 131.53 feet to a fence post found;

2. North 49°29'56" East, a distance of 92.62 feet to a fence post found;

3. North 46°23'18" East, a distance of 160.81 feet to a fence post found;

4. North 55°47'54" East, a distance of 214.81 feet to a fence post found;

5. North 42°06'04" East, a distance of 117.66 feet to a calculated point in the centerline of Big Sandy Creek, being the south line of a 62.5 acre tract described in Volume 149, Page 477 of the Deed Records of Bastrop County, Texas; THENCE with the centerline of Big Sandy Creek, with the common line of the said 5566.770 acre tract and the said 62.5 acre tract, the following twenty-one (21) courses and distances:

1. North 89°51'48" East, a distance of 60.71 feet to a calculated point;

2. North 53°48'39" East, a distance of 241.84 feet to a calculated point;

3. North 33°15'35" East, a distance of 125.20 feet to a calculated point;

4. North 15°49'27" East, a distance of 251.77 feet to a calculated point;

5. North 08°07'24" West, a distance of 269.24 feet to a calculated point;

6. North 77°49'21" West, a distance of 86.41 feet to a calculated point;

7. North 84°22'20" West, a distance of 114.31 feet to a calculated point;

8. North 73°28'41" West, a distance of 66.75 feet to a calculated point;

9. North 48°46'46" West, a distance of 80.91 feet to a calculated point;

10. North 08°05'04" West, a distance of 175.42 feet to a calculated point;

11. North 23°04'02" West, a distance of 72.55 feet to a calculated point;

12. North 35°42'24" West, a distance of 283.21 feet to a calculated point;

13. North 11°55'01" West, a distance of 102.35 feet to a calculated point;

14. South 80°17'23" West, a distance of 87.22 feet to a calculated point;

15. South 39°04'47" West, a distance of 173.78 feet to a calculated point;

16. South 28°31'20" West, a distance of 368.09 feet to a calculated point;

17. South 15°11'31" West, a distance of 79.96 feet to a calculated point;

18. South 45°55'56" West, a distance of 120.38 feet to calculated point;

19. South 79°00'50" West, a distance of 181.88 feet to a calculated point;

20. North 56°40'22" West, a distance of 465.01 feet to a calculated point;

21. North 70°44'15" West, a distance of 188.14 feet to a calculated point for the southernmost corner of a 122.444 acre tract of land described in Volume 148, Page 171 of the Deed Records of Bastrop County, Texas; THENCE leaving the centerline of Big Sandy Creek, North 41°36'15" East with the northwest line of the said 5566.770 acre tract and the southeast line of the said 122.444 acre tract a distance of 3841.12 feet to a fence post found for the easternmost corner of the said 122.444 acre tract, being a southeast corner of a 278.69 acre tract of land described in Volume 176, Page 62 of the Deed Records of Bastrop County, Texas; THENCE with the northwest line of the said 5566.770 acre tract and the southeast line of the said 278.69 acre tract the following five (5) courses and distances:

1. North 43°30'50" East, a distance of 1950.60 feet to a 1/2" rebar with cap set;

2. North 39°14'50" East, a distance of 283.60 feet to a 1/2" rebar with cap set;

3. North 41°56'50" East, a distance of 657.20 feet to a 1/2" rebar with cap set;

4. North 41°49'50" East, a distance of 1186.20 feet to a 1/2" rebar with cap set;

5. North 41°42'50" East, a distance of 757.40 feet to a 1/2" rebar with cap set for the easternmost corner of the said 278.69 acre tract, from which a 31" Post Oak, bears North 42°59'50" East, a distance of 282.05 feet; THENCE with the common line of the said 5566.770 acre tract, the said 278.69 acre tract, and a 521.94 acre tract described in Volume 173, Page 412 of the Deed Records of Bastrop County, Texas, the following twenty (20) courses and distances:

1. North 47°23'16" West, a distance of 3253.08 feet to a fence post found;

2. South 44°09'12" West, a distance of 409.37 feet to a fence post found;

3. North 46°44'34" West, a distance of 1200.96 feet to a fence post found for the northernmost corner of the said 521.94 acre tract;

4. South 42°36'54" West, a distance of 5098.99 feet to a fence post found;

5. South 55°26'29" East, a distance of 441.27 feet to a fence post found;

6. South 62°46'51" East, a distance of 837.23 feet to a fence post found;

7. South 05°17'56" West, a distance of 253.40 feet to a 1/2" rebar with cap set;

8. South 21°27'56" West, a distance of 43.48 feet to a 1/2" rebar with cap set;

9. South 15°22'04" East, a distance of 273.54 feet to a 1/2" rebar with cap set;

10. South 43°15'04" East, a distance of 125.98 feet to a 1/2" rebar with cap set;

11. South 05°22'04" East, a distance of 258.11 feet to a 1/2" rebar with cap set;

12. South 39°37'56" West, a distance of 311.40 feet to a 1/2" rebar with cap set;

13. South 39°23'56" West, a distance of 407.35 feet to a 1/2" rebar with cap set;

14. South 28°06'56" West, a distance of 512.87 feet to a 1/2" rebar with cap set;

15. South 46°36'56" West, a distance of 257.11 feet to a 1/2" rebar with cap set;

16. South 57°13'56" West, a distance of 582.89 feet to a fence post found;

17. South 47°42'14" West, a distance of 251.59 feet to a 1/2" rebar with cap set;

18. South 42°59'14" West, a distance of 415.67 feet to a 1/2" rebar with cap set;

19. South 47°42'14" West, a distance of 642.19 feet to a 1/2" rebar with cap set;

20. South 40°53'50" West, a distance of 1367.20 feet to a 1/2" rebar with cap set in the southwest line of County Road 157; THENCE South 46°37'37" East with the southwest line of County Road 157, the northeast line of the said 5566.770 acre tract, and the southwest line of the said 521.94 acre tract, a distance of 483.43 feet to a 5/8" rebar found for the northernmost corner of a 200.00 acre tract of land described in Volume 819, Page 733 of the Deed Records of Bastrop County, Texas, from which a 5/8" rebar found, bears South 49°34'20" East, a distance of 310.00 feet; THENCE leaving the southwest line of County Road 157, South 36°09'41" West with the southeast line of the said 5566.770 acre tract and the northwest line of the said 200.00 acre tract, a distance of 5247.42 feet to a 1/2" rebar with cap set on the north bank of the Colorado River; THENCE with the gradient boundary of the Colorado River the following twenty-six (26) courses and distances:

1. South 85°05'44" West, a distance of 730.40 feet to a 1/2" rebar with cap set;

2. South 85°40'17" West, a distance of 707.27 feet to a 1/2" rebar with cap set;

3. South 83°44'43" West, a distance of 273.16 feet to a 1/2" rebar with cap set;

4. South 82°00'05" West, a distance of 216.47 feet to a 1/2" rebar with cap set;

5. North 87°52'49" West, a distance of 509.38 feet to a 1/2" rebar with cap set;

6. North 76°45'21" West, a distance of 635.73 feet to a 1/2" rebar with cap set;

7. North 67°45'32" West, a distance of 696.58 feet to a 1/2" rebar with cap set;

8. North 60°30'49" West, a distance of 400.67 feet to a 1/2" rebar with cap set;

9. North 61°57'52" West, a distance of 178.15 feet to a 1/2" rebar with cap set;

10. North 56°48'32" West, a distance of 172.52 feet to a 1/2" rebar with cap set;

11. North 34°12'07" West, a distance of 315.00 feet to a 1/2" rebar with cap set;

12. North 17°49'08" West, a distance of 194.48 feet to a 1/2" rebar with cap set;

13. North 00°42'03" West, a distance of 330.38 feet to a 1/2" rebar with cap set;

14. North 05°51'25" East, a distance of 216.57 feet to a 1/2" rebar with cap set;

15. North 34°17'46" East, a distance of 328.17 feet to a 1/2" rebar with cap set;

16. North 78°35'08" East, a distance of 86.26 feet to a 1/2" rebar with cap set;

17. North 25°28'50" East, a distance of 805.50 feet to a 1/2" rebar with cap set;

18. North 19°28'15" East, a distance of 922.47 feet to a 1/2" rebar with cap set;

19. North 19°50'23" East, a distance of 477.86 feet to a 1/2" rebar with cap set;

20. North 21°15'22" East, a distance of 606.54 feet to a 1/2" rebar with cap set;

21. North 23°34'42" East, a distance of 654.28 feet to a 1/2" rebar with cap set;

22. North 17°12'19" East, a distance of 788.35 feet to a 1/2" rebar with cap set;

23. North 16°03'41" East, a distance of 419.54 feet to a 1/2" rebar with cap set;

24. North 21°34'10" East, a distance of 234.05 feet to a 1/2" rebar with cap set;

25. North 09°53'29" East, a distance of 465.10 feet to a 1/2" rebar with cap set;

26. North 11°31'48" East, a distance of 355.87 feet to a 1/2" rebar with cap set in the west line of the said 92.556 acre tract; THENCE leaving the east bank of the Colorado River, North 53°49'09" West with the southwest line of the said 92.556 acre tract, a distance of 69.34 feet to a calculated point where the centerline of Wilbarger Creek intersects the Colorado River, being the southeast corner of a 136.212 acre tract of land described in Volume 892, Page 193 of the Official Records of Bastrop County, Texas; THENCE with the centerline of Wilbarger Creek, the west line of the said 92.556 acre tract, the southwest line of the said 5566.770 acre tract, the southwest line of the said 54.912 acre tract, the east line of the said 136.212 acre tract, the east line of a 81.191 acre tract of land described in Volume 892, Page 193 of the Official Records of Bastrop County, Texas, the northeast line of a 120.01 acre tract of land described in Volume 1023, Page 237 of the Official Records of Bastrop County, Texas, the northeast line of an 1183.390 acre tract of land described in Volume 962, Page 195 of the Official Records of Bastrop County, Texas, and the northeast line of a 45.41 acre tract of land described in Volume 1530, Page 227 of the Official Records of Bastrop County, Texas, the following forty-one (41) courses and distances:

1. North 18°10'09" East, a distance of 356.21 feet to a calculated point;

2. North 44°41'35" West, a distance of 227.87 feet to a calculated point;

3. North 53°29'52" West, a distance of 698.05 feet to a calculated point;

4. North 36°33'37" West, a distance of 235.46 feet to a calculated point;

5. North 37°59'00" West, a distance of 265.07 feet to a calculated point;

6. North 02°23'23" West, a distance of 270.27 feet to a calculated point;

7. North 00°10'50" West, a distance of 941.81 feet to a calculated point;

8. North 03°41'38" East, a distance of 331.45 feet to a calculated point;

9. North 01°15'11" West, a distance of 215.82 feet to a calculated point;

10. North 12°30'42" East, a distance of 662.97 feet to a calculated point;

11. North 02°35'44" West, a distance of 192.80 feet to a calculated point;

12. North 21°53'58" West, a distance of 662.71 feet to a calculated point;

13. North 26°15'09" West, a distance of 385.97 feet to a calculated point;

14. North 04°18'25" West, a distance of 270.75 feet to a calculated point;

15. North 06°03'43" West, a distance of 397.88 feet to a calculated point;

16. North 67°16'36" West, a distance of 108.33 feet to a calculated point;

17. South 75°45'13" West, a distance of 428.01 feet to a calculated point;

18. North 79°09'13" West, a distance of 537.38 feet to a calculated point;

19. North 50°52'06" West, a distance of 392.75 feet to a calculated point;

20. North 39°13'33" West, a distance of 286.04 feet to a calculated point;

21. North 37°23'11" West, a distance of 329.57 feet to a calculated point;

22. North 46°00'34" West, a distance of 289.79 feet to a calculated point;

23. North 42°25'33" West, a distance of 290.86 feet to a calculated point;

24. North 48°23'28" West, a distance of 125.14 feet to a calculated point;

25. North 49°12'01" West, a distance of 111.23 feet to a calculated point;

26. North 37°08'08" West, a distance of 298.62 feet to a calculated point;

27. North 37°17'46" West, a distance of 179.22 feet to a calculated point;

28. North 49°00'32" West, a distance of 191.23 feet to a calculated point;

29. North 60°13'33" West, a distance of 62.78 feet to a calculated point;

30. North 78°01'38" West, a distance of 186.28 feet to a calculated point;

31. North 84°04'00" West, a distance of 523.37 feet to a calculated point;

32. North 62°23'15" West, a distance of 323.37 feet to a calculated point;

33. North 65°30'05" West, a distance of 415.74 feet to a calculated point;

34. North 42°00'42" West, a distance of 245.40 feet to a calculated point;

35. North 22°01'15" West, a distance of 525.05 feet to a calculated point;

36. North 45°02'25" East, a distance of 181.27 feet to a calculated point;

37. North 37°28'34" East, a distance of 163.28 feet to a calculated point;

38. North 02°53'36" West, a distance of 147.59 feet to a calculated point;

39. North 55°30'50" West, a distance of 200.15 feet to a calculated point;

40. North 62°53'27" West, a distance of 211.80 feet to a calculated point;

41. North 79°10'31" West, a distance of 96.93 feet to a calculated point for the westernmost corner of the said 5566.770 acre tract, being in the southeast line of the said 885.050 acre tract, being also the northernmost corner of the said 45.41 acre tract; THENCE South 58°06'49" West with the southeast line of the said 885.050 acre tract, the northwest line of the said 45.41 acre tract, and the northwest line of a 114.586 acre tract of land described in Volume 1606, Page 407 of the Deed Records of Bastrop County, Texas, passing a 1/2" rebar found, 0.19 feet left of said line, at a distance of 1083.65 feet, continuing for a distance of 2781.45 feet, for a total distance of 3865.10 feet to a 3/8" rebar found for the westernmost corner of the said 114.586 acre tract, being in the northeast line of a 209.578 acre tract of land described in Volume 1647, Page 758 of the Deed Records of Bastrop County, Texas; THENCE with the common line of the said 885.050 acre tract and the said 209.578 acre tract, the following five (5) courses and distances:

1. North 23°43'10" West, a distance of 1283.09 feet to a rock found;

2. South 56°12'43" West, a distance of 1353.55 feet to a 1/2" rebar found;

3. South 24°52'43" East, a distance of 1248.48 feet to a 1/2" rebar found;

4. South 57°48'10" West, a distance of 2309.82 feet to a 1/2" rebar with "Olson" cap found;

5. South 28°25'35" West, a distance of 3220.57 feet to a 1/2" rebar with cap set in the northeast right-of-way line of F.M. 969 (right-of-way width varies) as described in Volume 148, Page 428 of the Deed Records of Bastrop County, Texas, being the southernmost corner of the said 885.050 acre tract, from which a TxDOT type I monument found in the north right-of-way line of F.M. 969 at highway station 1166+53.6, 40' left, bears with a curve to the right with a delta angle of 13°06'31", an arc length of 446.10 feet, having a radius of 1949.86 feet and a chord which bears South 06°15'34" East, a distance of 445.13 feet; THENCE with the northeast right-of-way line of F.M. 969 and the southwest line of the said 885.050 acre tract, the following two (2) courses and distances:

1. With a curve to the left with a delta angle of 33°06'39", an arc length of 1126.81 feet, having a radius of 1949.86 feet and a chord which bears North 29°22'09" West, a distance of 1111.20 feet to a calculated point at highway station 1151+12.6, 40' left, from which a TxDOT type I monument found, bears North 30°27'59" West, a distance of 0.79 feet;

2. North 45°55'28" West, a distance of 1768.14 feet to a 1/2" rebar with cap set at the intersection of the north right-of-way line of F.M. 969 and the east right-of-way line of County Road No. 55 (Lower Elgin Road) (apparent 40' right-of-way width), being also in the westernmost corner of the said 885.050 acre tract, from which a 1/2" rebar found, bears South 27°44'29" West, a distance of 84.68 feet, and a nail found, bears North 22°26'49" West, a distance of 1.15 feet; THENCE North 27°44'29" East with the east right-of-way line of County Road No. 55 and the west line of the said 885.050 acre tract, passing a 1/2" rebar with cap set for reference, at a distance of 3042.70 feet, continuing for a total distance of 3298.99 feet to a calculated point for an angle point in the north line of the said 885.050 acre tract, being an angle point in the south line of a 30 acre tract of land described as Lot 7 in Volume 40, Page 578 of the Deed Records of Bastrop County, Texas, from which a 1/2" rebar found, bears South 35°29'38" West, a distance of 271.86 feet; THENCE North 82°47'14" East with the north line of the said 885.050 acre tract and the south line of Lots 6 and 7 described in Volume 40, Page 578 of the Deed Records of Bastrop County, Texas, passing a 1/2" rebar with cap set for reference, at a distance of 1527.58 feet, continuing for a total distance of 3161.94 feet to a 1/2" rebar found for an angle point in the west line of the said 885.050 acre tract, being the easternmost corner of said Lot 6; THENCE North 11°36'22" West with the west line of the said 885.050 acre tract and the east line of Lots 5 and 6 described in Volume 40, Page 578 of the Deed Records of Bastrop County, Texas, passing a 3/8" rebar found, 9.68 feet left of said line, at a distance of 910.55 feet, and continuing with said line for a total distance of 1437.69 feet to a 1/2" rebar found in a creek for an angle point in the west line of the said 885.050 acre tract, being an angle point in the east line of a 15.385 acre tract of land described in Volume 1017, Page 1 of the Deed Records of Bastrop County, Texas, being also an angle point in the east line of a 13.106 acre tract described in Volume 1017, Page 1 of the Deed Records of Bastrop County, Texas; THENCE with the west line of the said 885.050 acre tract and the east line of the said 13.106 acre tract and along the approximate centerline of said creek, the following six (6) courses and distances:

1. North 76°51'55" East, a distance of 121.56 feet to a 1/2" rebar found;

2. North 88°59'35" East, a distance of 191.76 feet to a 1/2" rebar found;

3. North 83°47'10" East, a distance of 174.18 feet to a 1/2" rebar found;

4. North 58°06'55" East, a distance of 113.09 feet to a 1/2" rebar found;

5. North 54°39'37" East, a distance of 166.40 feet to a 1/2" rebar found;

6. North 51°22'18" East, a distance of 64.23 feet to a 1/2" rebar found for the northeast corner of the said 13.106 acre tract, being the southeast corner of a 58 acre tract of land described in Volume 224, Page 423 of the Deed Records of Bastrop County, Texas; THENCE continuing with said creek, with the west line of the said 885.050 acre tract and the east line of the said 58 acre tract, the following two (2) courses and distances:

1. North 68°22'45" East, a distance of 271.19 feet to a fence post found for monument;

2. North 53°36'10" East, a distance of 385.22 feet to a 1/2" rebar found for the northeast corner of the said 58 acre tract, being the southeast corner of a 19.021 acre tract of land described in Volume 854, Page 703 of the Deed Records of Bastrop County, Texas; THENCE North 28°21'29" East with the west line of the said 885.050 acre tract, the east line of the said 19.021 acre tract, the east line of a 50 acre tract of land described in Volume 144, Page 319 of the Deed Records of Bastrop County, Texas, and the east line of a 159.907 acre tract of land described in Volume 962, Page 195 of the Deed Records of Bastrop County, Texas, passing a 1/2" rebar found, 1.47 feet left of said line, at a distance of 441.61 feet, then passing a 1/2" rebar found, 1.22 feet right of said line, at a distance of 365.63 feet, and continuing with said line for a total distance of 2605.06 feet to a 1/2" rebar found on the south bank of Wilbarger Creek; THENCE North 12°56'58" East crossing Wilbarger Creek with the west line of the said 885.050 acre tract, a distance of 143.50 feet to a 1/2" rebar found on the north bank of Wilbarger Creek, being the east line of a 45.49 acre tract of land described in Volume 513, Page 676 of the Deed Records of Bastrop County, Texas; THENCE North 27°13'17" East with the west line of the said 885.050 acre tract and the east line of the said 45.49 acre tract, a distance of 1532.78 feet to a 1/2" rebar found for the northernmost corner of the said 885.050 acre tract, being the southwest corner of a 316.745 acre tract of land described in Volume 1386, Page 90 of the Deed Records of Bastrop County, Texas, from which a 1/2" rebar found for the northeast corner of the said 45.49 acre tract, being in the west line of the said 316.745 acre tract, being also the southeast corner of a 5.608 acre tract of land described in Document No. 200716605 of the Official Public Records of Bastrop County, Texas, bears North 27°31'37" East, a distance of 133.37 feet; THENCE with the north line of the said 885.050 acre tract and the south line of the said 316.745 acre tract, the following four (4) courses and distances:

1. South 62°30'46" East, a distance of 942.34 feet to a 1/2" rebar with "Garon" cap found;

2. South 62°57'17" East, a distance of 916.62 feet to a 1/2" rebar with "Garon" cap found;

3. South 63°21'08" East, a distance of 634.93 feet to a 1/2" rebar with "Garon" cap found;

4. South 63°06'16" East, a distance of 880.61 feet to a 5/8" rebar found for the southeast corner of the said 316.745 acre tract, being the southwest corner of a 66.858 acre tract of land described in Volume 1058, Page 728 of the Deed Records of Bastrop County, Texas; THENCE with the common line of the said 885.050 acre tract and the said 66.858 acre tract, the following five (5) courses and distances:

1. South 63°11'38" East, a distance of 341.67 feet to a 1/2" rebar with "Garon" cap found;

2. South 62°53'36" East, a distance of 543.52 feet to a 1/2" rebar with "Garon" cap found;

3. South 62°36'20" East, a distance of 501.08 feet to a nail found;

4. South 63°42'58" East, a distance of 475.51 feet to a 1/2" rebar with "Garon" cap found;

5. North 25°09'55" East, a distance of 32.78 feet to a 1/2" rebar with "Chaparral Boundary" cap found for a southwest corner of the said 1164.571 acre tract; THENCE with the northwest line of the said 1164.571 acre tract and the southeast line of the said 66.858 acre tract, the following five (5) courses and distances:

1. North 25°09'55" East, a distance of 113.46 feet to a 1/2" rebar with cap found;

2. North 28°53'47" East, a distance of 758.30 feet to a 1/2" rebar with cap found;

3. North 27°45'53" East, a distance of 362.70 feet to a 1/2" rebar with cap found;

4. North 27°20'28" East, a distance of 287.70 feet to a 1/2" rebar with cap found;

5. North 27°47'34" East, a distance of 52.47 feet to a 1/2" rebar with cap found for the easternmost corner of the said 66.858 acre tract, being the southernmost corner of a 24.701 acre tract of land described in Volume 1058, Page 717 of the Deed Records of Bastrop County, Texas; THENCE with the northwest line of the said 1164.571 acre tract and the southeast line of the said 24.701 acre tract, the following two (2) courses and distances:

1. North 27°47'05" East, a distance of 312.70 feet to a 1/2" rebar with cap set;

2. North 27°02'55" East, a distance of 1087.10 feet to a 1/2" rebar with cap found for the easternmost corner of the said 24.701 acre tract, being the southernmost corner of a 48.609 acre tract of land described in Volume 1084, Page 597 of the Deed Records of Bastrop County, Texas; THENCE North 27°12'21" East with the northwest line of the said 1164.571 acre tract and the southeast line of the said 48.609 acre tract, a distance of 545.66 feet to a 1/2" rebar with cap set for the easternmost corner of the said 48.609 acre tract, being the southernmost corner of a 53.86 acre tract of land described in Volume 289, Page 444 of the Deed Records of Bastrop County, Texas; THENCE with the common line of the said 1164.571 acre tract and the said 53.86 acre tract, the following two (2) courses and distances:

1. North 26°28'49" East, a distance of 1052.53 feet to a 1/2" rebar with cap set;

2. North 61°23'59" West, a distance of 330.48 feet to a fence post found for the southernmost corner of a 63.426 acre tract of land described in Volume 1560, Page 952 of the Deed Records of Bastrop County, Texas, from which a buggy spring found for the northernmost corner of the said 53.86 acre tract, being an angle point in the southwest line of the said 63.426 acre tract, bears North 62°57'21" West, a distance of 1913.76 feet; THENCE North 27°35'36" East with the northwest line of the said 1164.571 acre tract and the southeast line of the said 63.426 acre tract, a distance of 1773.67 feet to a 1/2" rebar with cap found for the easternmost corner of the said 63.426 acre tract, being in the southeast line of the remainder of a 123.0 acre tract of land described in Volume 286, Page 612 of the Deed Records of Bastrop County, Texas; THENCE with the common line of the said 1164.571 acre tract and the said 123.0 acre tract, the following two (2) courses and distances:

1. North 27°35'36" East, a distance of 633.98 feet to a fence post found for the easternmost corner of the said 123.0 acre tract;

2. North 62°33'42" West, a distance of 2293.69 feet to a 1/2" rebar with cap found for the northernmost corner of the said 123.0 acre tract, being in the southeast line of a 11.068 acre tract of land described in Volume 429, Page 271 of the Deed Records of Bastrop County, Texas, from which an axle found in the northwest line of the said 123.0 acre tract, being in the southeast line of the said 11.068 acre tract, bears South 21°54'50" West, a distance of 26.68 feet; THENCE North 22°22'27" East with the northwest line of the said 1164.571 acre tract and the southeast line of the said 11.068 acre tract, a distance of 130.88 feet to a fence post found for the easternmost corner of the said 11.068 acre tract, being the southernmost corner of a 145.5 acre tract of land described in Volume 119, Page 236 of the Deed Records of Bastrop County, Texas; THENCE North 27°26'14" East with the northwest line of the said 1164.571 acre tract and the southeast line of the said 145.5 acre tract, a distance of 2555.76 feet to a fence post found for the northernmost corner of the said 1164.571 acre tract, being the easternmost corner of the said 145.5 acre tract, being also in the southwest line of a 548 acre tract of land described in Volume 70, Page 116 of the Deed Records of Bastrop County, Texas; THENCE with the common line of the said 1164.571 acre tract, the said 548 acre tract, and a 227 acre tract of land described in Volume 42, Page 234 of the Deed Records of Bastrop County, Texas, the following three (3) courses and distances:

1. South 63°18'35" East, a distance of 2311.22 feet to a fence post found;

2. South 63°46'52" East, a distance of 2344.71 feet to a fence post found for the southernmost corner of the said 227 acre tract;

3. North 29°01'34" East, a distance of 1324.43 feet to a fence post found for a northwest corner of the said 1164.571 acre tract, being the easternmost corner of the said 227 acre tract, being also in the being in the southwest line of a 416.6 acre tract of land described in Volume 42, Page 511 of the Deed Records of Bastrop County, Texas; THENCE South 49°17'46" East with the northeast line of the said 1164.571 acre tract, the southwest line of the said 416.6 acre tract, the southwest line of a 50 acre tract of land and a 100 acre tract of land described in Volume 42, Page 636 of the Deed Records of Bastrop County, Texas, and the southwest line of an 89 acre tract of land described in Volume 47, Page 129 of the Deed Records of Bastrop County, Texas, a distance of 2611.04 feet to a 5/8" rebar found for the northernmost corner of a 408.48 acre tract of land described in Volume 248, Page 498 of the Deed Records of Bastrop County, Texas, from which a 1/2" rebar with cap found, bears South 48°41'08" East, a distance of 2813.70 feet; THENCE with the common line of the said 1164.571 acre tract and the said 408.48 acre tract, the following three (3) courses and distances:

1. South 28°40'50" West, a distance of 936.94 feet to a 60d nail in fence corner post found;

2. South 28°23'43" West, a distance of 1830.59 feet to a 5/8" rebar found for the westernmost corner of the said 408.48 acre tract;

3. South 47°43'25" East, a distance of 2201.53 feet to a 1/2" rebar with cap set for the easternmost corner of the said 1164.571 acre tract, being the northernmost corner of the said 507.061 acre tract, from which a 5/8" rebar found in the southwest line of a 274.814 acre tract of land described in Volume 1288, Page 317 of the Deed Records of Bastrop County, Texas, bears North 39°15'25" West, a distance of 219.15 feet; THENCE with the common line of the said 507.061 acre tract and the said 408.48 acre tract the following six (6) courses and distances:

1. South 47°44'36" East, a distance of 1304.52 feet to a 1/2" rebar with cap set;

2. South 48°19'36" East, a distance of 1563.89 feet to a 1/2" rebar with cap set, from which a 1/2" rebar found, bears North 22°33'14" West, a distance of 84.41 feet;

3. North 54°10'24" East, a distance of 96.67 feet to a 1/2" rebar with cap set, from which a 1/2" rebar found, bears North 16°46'28" East, a distance of 45.98 feet;

4. South 49°19'36" East, a distance of 416.11 feet to a fence post found in the northwest line of County Road 157 (no apparent defined right-of-way width);

5. South 41°56'51" West with the northwest line of County Road 157, a distance of 93.59 feet to a 1/2" rebar with cap set;

6. South 46°59'50" East, passing a fence post found at a distance of 56.24 feet, continuing for a distance of 640.29 feet, for a total distance of 696.53 feet to a calculated point in the centerline of Big Sandy Creek, being the southernmost corner of the said 408.48 acre tract, being also in the west line of a 269 acre tract of land described in Volume 199, Page 843 of the Deed Records of Bastrop County, Texas; THENCE with the centerline of Big Sandy Creek and the common line of the said 507.061 acre tract and the said 269 acre tract the following eleven (11) courses and distances:

1. South 00°16'10" West, a distance of 100.83 feet to a calculated point;

2. South 05°56'52" West, a distance of 170.09 feet to a calculated point;

3. South 10°01'24" West, a distance of 693.13 feet to a calculated point;

4. South 07°23'34" East, a distance of 296.19 feet to a calculated point;

5. South 23°56'10" East, a distance of 121.78 feet to a calculated point;

6. South 14°45'47" East, a distance of 95.81 feet to a calculated point;

7. South 05°54'11" East, a distance of 473.59 feet to a calculated point;

8. South 19°31'37" East, a distance of 207.16 feet to a calculated point;

9. South 01°42'40" West, a distance of 287.95 feet to a calculated point;

10. South 07°47'17" West, a distance of 166.47 feet to a calculated point;

11. South 06°27'49" East, a distance of 44.60 feet to a calculated point for the northeast corner of a 5 acre tract of land described in Volume 211, Page 502 of the Deed Records of Bastrop County, Texas; THENCE leaving the centerline of Big Sandy Creek, with the common line of the said 507.061 acre tract and the said 5 acre tract the following three (3) courses and distances:

1. North 85°20'05" West, a distance of 92.50 feet to a 1/2" rebar with cap set;

2. South 07°54'55" West, a distance of 339.17 feet to a 1/2" rebar with cap set;

3. South 15°09'55" West, a distance of 307.78 feet to a 1/2" rebar with cap set on the north line of a 30' lane referenced in Volume 49, Page 614, Volume 118, Page 150, Volume 209, Page 783 and Volume 211, Page 502, all of the Deed Records of Bastrop County, Texas; THENCE with the common line of the said 507.061 acre tract and the said 5 acre tract, with the north line of the said 30' lane a distance of 30' from and parallel to the north line of the said 160.346 acre tract, the following three (3) courses and distances:

1. North 89°48'11" West, a distance of 281.66 feet to a 1/2" rebar with cap set;

2. South 85°41'49" West, a distance of 213.56 feet to a 1/2" rebar with cap set;

3. North 78°03'11" West, a distance of 267.67 feet to a 1/2" rebar with cap set; THENCE South 37°12'24" West, over and across said 30' lane, with the southeast line of the said 507.061 acre tract, a distance of 33.18 feet to fence post found in the south line of the 30' lane, being in the north line of the said 160.346 acre tract; THENCE with the north line of the said 160.346 acre tract and the south line of the said 30' lane the following five (5) courses and distances:

1. South 78°03'11" East, a distance of 286.11 feet to a 1/2" rebar with cap set;

2. North 85°41'49" East, a distance of 216.67 feet to a 1/2" rebar with cap set;

3. South 89°48'11" East, a distance of 500.00 feet to a 1/2" rebar with cap set;

4. South 10°48'11" East, a distance of 336.11 feet to a 1/2" rebar with cap set;

5. South 46°03'11" East, a distance of 222.22 feet to a calculated point in the centerline of Big Sandy Creek, being the easternmost corner of the said 160.346 acre tract, being in the northwest line of the said 5566.770 acre tract, being also the southernmost corner of the said 269 acre tract; THENCE North 42°29'40" East with the northwest line of the said 5566.770 acre tract and the southeast line of the said 269 acre tract, a distance of 4623.26 feet to a fence post found for the westernmost corner of the said 94.5 acre tract; THENCE with the common line of the said 5566.770 acre tract and the said 94.5 acre tract the following two (2) courses and distances:

1. South 48°06'21" East, a distance of 1682.86 feet to a 1/2" rebar found for the southernmost corner of the said 94.5 acre tract;

2. North 42°31'01" East, a distance of 2088.46 feet to the POINT OF BEGINNING, containing 9322.496 (gross) acres of land, more or less, a portion of which lies within the roadway, and approximately 1.425 acres within fenced cemetery. SAVE AND EXCEPT 1.379 ACRES IN COUNTY ROAD 157 (SAYERS ROAD) RIGHT-OF-WAY (AS DESCRIBED IN EXHIBIT B ATTACHED HERETO) FOR A TOTAL OF 9321.117 (NET) ACRES OF LAND, MORE OR LESS. 5566.770 acre tract, 507.061 acre tract, 19.149 acre tract, 54.912 acre tract, 92.556 acre tract, 160.346 acre tract and 112.676 acre tract all surveyed on the ground in August, September and October, 2005. 758.026 and 1164.571 acre tracts surveyed on the ground in March and April, 2006. 885.050 acre tract surveyed on the ground in July and August, 2007. Bearing basis is grid azimuth for Texas central zone, 1983/93 HARN values from LCRA control network.

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.