By: Patrick S.B. No. 475
 
  (Fletcher)
 
   
 
 
A BILL TO BE ENTITLED
 
  relating to the creation of the Harris County Municipal Utility
  District No. 524; 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 8354 to read as follows:
  CHAPTER 8354.  HARRIS COUNTY  MUNICIPAL UTILITY DISTRICT NO. 524
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8354.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "Director" means a board member.
               (4)  "District" means the Harris County Municipal
  Utility District No. 524.
         Sec. 8354.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8354.003.  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. 8354.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8354.003
  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. 8354.005.  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, 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. 8354.006.  INITIAL DISTRICT TERRITORY.  (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting 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 8354.007-8354.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8354.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8354.052, directors serve
  staggered four-year terms.
         Sec. 8354.052.  TEMPORARY DIRECTORS.  (a)  On or after the
  effective date of the Act enacting 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 commission 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 8354.003; or
               (2)  the fourth anniversary of the effective date of
  the Act enacting this chapter.
         (c)  If permanent directors have not been elected under
  Section 8354.003 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 8354.003; 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 8354.053-8354.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8354.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8354.102.  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. 8354.103.  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 commission as required by Section 54.234, Water Code.
         Sec. 8354.104.  APPROVAL OF ROAD PROJECT.  (a)  The district
  may not undertake a road project authorized by Section 8354.103
  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. 8354.105.  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. 8354.106. 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 8354.103; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
  [Sections 8354.107-8354.150 reserved for expansion]
  SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
         Sec. 8354.151.  DIVISION OF DISTRICT; PREREQUISITES. 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.
         Sec. 8354.152.  LAW APPLICABLE TO NEW DISTRICT. This
  chapter applies to any new district created by division of the
  district, and a new district has all the powers and duties of the
  district.
         Sec. 8354.153.  LIMITATION ON AREA OF NEW DISTRICT. A 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 enacting this chapter.
         Sec. 8354.154.  DIVISION PROCEDURES. (a)  The board, on its
  own motion or on receipt of a petition signed by the owner or owners
  of a majority of the assessed value of the real property in the
  district, may adopt an order dividing the district.
         (b)  The board may adopt an order dividing the district
  before or after the date the board holds an election under Section
  8354.003 to confirm the district's creation.
         (c)  An order dividing the district:
               (1)  must:
                     (A)  name each new district;
                     (B)  include the metes and bounds description of
  the territory of each new district;
                     (C)  appoint temporary directors for each new
  district, or provide that temporary directors are appointed in the
  manner provided by Section 8354.052(a); and
                     (D)  provide for the division of assets and
  liabilities between the new districts; and
               (2)  is subject to a confirmation election in each new
  district.
         (d)  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 commission and record the order in the real property
  records of each county in which the district is located.
         Sec. 8354.155.  CONFIRMATION ELECTION FOR NEW DISTRICT.
  (a)  A new district created by the division of the district shall
  hold a confirmation and directors' election as required by Section
  8354.003.
         (b)  The results of that election must be filed as required
  by Sections 49.102(e) and (f), Water Code.
         (c)  If the voters of a new district do not confirm the
  creation of the new district, the assets, liabilities, territory,
  and governance of the new districts revert to the original
  district.
         Sec. 8354.156.  MUNICIPAL CONSENT. Municipal consent to the
  creation of the district and to the inclusion of land in the
  district granted under Section 8354.004 acts as municipal consent
  to the creation of any new district created by the division of the
  district and to the inclusion of land in the new district.
         Sec. 8354.157.  TAX OR BOND ELECTION.  Before a new district
  created by the division of the district may impose a maintenance tax
  or issue bonds payable wholly or partly from ad valorem taxes, the
  new district must hold an election as required by this chapter to
  obtain voter approval.
  [Sections 8354.158-8354.200 reserved for expansion]
  SUBCHAPTER E.  GENERAL FINANCIAL PROVISIONS
         Sec. 8354.201.  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 8354.203.
         (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. 8354.202.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8354.201, 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. 8354.203.  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 8354.204-8354.250 reserved for expansion]
  SUBCHAPTER F.  BONDS AND OTHER OBLIGATIONS
         Sec. 8354.251.  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. 8354.252.  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. 8354.253.  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 Harris County Municipal Utility District No.
  524 initially includes all the territory contained in the following
  area: 990.804 acres in 5 non-contiguous tracts out of Sections 9,
  10, 15, and 16 of Harris County School Land Survey, Abstract No 332,
  recorded in Vol 17, Pg 222 of the Deed Records of Harris County,
  Texas and including within Tracts 1, 2, 3, and 4 an unnamed 66 foot
  roadway as shown on the plat of said Harris County School Land being
  granted by Commissioners Award recorded in Vol 7448, Pg 181, HCDR;
  said roadway does not exist physically on the ground: (All bearings
  used herein are based on Highway Right-of-Way Maps provided by the
  Texas Department of Transportation)
  Tract 1
  A tract or parcel of land containing 255.572 acres (11,132,730
  square feet) out of Lots 9, 10, 15, and 16 of Section 9 and Lots 1,
  2, 7, & 8 of Section 16 of said Harris County School Land Survey,
  Abstract No 332, Harris County, Texas; said 255.572 acres being
  that same tract of land called 257.230 acres described by deed
  recorded in HCCF No M577056 ("Tract 1", therein) and conveyed to
  Delta Troy Interests, Ltd by deed recorded in X381657 and more
  particularly described by metes and bounds as follows:
  COMMENCING at a State Department of Highways and Public
  Transportation Horizontal Control Monument located in the
  southerly right-of-way line of U.S. 290, 160.00 feet at right
  angles from the centerline, across from Engineers Station
  109+27.74;
  THENCE along said southerly right-of-way line, clockwise,
  following the arc of a 1855.86 foot radius curve-to-the-right,
  subtending a central angle of 03 degrees 20 min 18 seconds, through
  an arc length of 108.13 feet (chord bearing of South 66 degrees 23
  minutes 38 seconds East, 108.12 feet) to a 5/8 inch iron rod found
  marking the POINT OF BEGINNING and most northerly Northeast corner
  of the herein described tract, same being the East corner of that
  called 12.4147 acre tract of land conveyed to Peter S. Terpstra,
  Trustee by deed recorded in HCCF No 20060246633;
  THENCE continuing along said right-of-way line and said curve,
  subtending a central angle of 06 degrees 36 minutes 09 seconds,
  through an arc length of 213.86 feet (chord bearing of South 61
  degrees 25 minutes 25 seconds East, 213.74 feet) to a 5/8 inch iron
  rod set marking the end of said curve; said point being located in
  the southerly right-of-way line of U.S. 290, 202.32 feet at right
  angles from the centerline, across from Engineers Station
  112+46.53;
  THENCE continuing along said right-of-line line, following the arc
  of a 1963.86 foot radius curve-to-the-left (radius point of said
  curve falls along a bearing of North 31 degrees 52 minutes 42
  seconds East), subtending a central angle of 12 degrees 31 minutes
  54 seconds, through an arc length of 429.54 feet (chord bearing of
  South 64 degrees 23 minutes 15 seconds East, 428.68 feet) to a 5/8
  inch iron rod set marking a point-of-tangency in the southerly
  right-of-way line; said point-of-tangency being located in the
  southerly right-of-way line of U.S. 290, 249.10 feet at right
  angles from the centerline, across from Engineers Station
  116+72.65;
  THENCE South 70 degrees 39 minutes 12 seconds East, along said
  right-of-way line, a distance of 382.15 feet to a 5/8 inch iron rod
  set marking the Northerly end of cut-back corner at the southwest
  corner of the intersection of said U.S. 290 and Binford Road; said
  corner being located in the southerly right-of-way line of U.S.
  290, 249.10 feet at right angles from the centerline, across from
  Engineers Station 120+54.80;
  THENCE South 30 degrees 37 minutes 41 seconds East, along said
  cut-back, a distance of 95.73 feet to a 5/8 inch iron rod set
  marking the Southerly end of said cut-back and the most Easterly
  Northeast corner of the herein described tract; said corner being
  located in the southerly right-of-way line of U.S. 290, 310.37 feet
  at right angles from the centerline, across from Engineers Station
  121+28.11;
  THENCE South 09 degrees 03 minutes 59 seconds East, along the
  westerly right-of-way of said Binford Road (right-of-way varies at
  this point), a distance of 452.04 feet to a 5/8 inch iron rod set
  marking an angle point in said right-of-way line; a 1 inch iron pipe
  found bears South 03 degrees 41 minutes 58 seconds East, 35.93 feet
  from said angle point;
  THENCE South 02 degrees 39 minutes 08 seconds East, along the
  westerly right-of-way line of said Binford Road (66' right-of-way)
  and crossing Lots 9 and 16 of said Section 9 and Lots 1 and 8 of
  Section 16, a distance of 3953.90 feet (call: 3954.35 feet) to a 5/8
  inch iron rod set marking the Southeast corner of the herein
  described tract, same being the Northwest corner of the
  intersection of U.S. 290 (old)/State Highway 6 (aka Hempstead
  Highway) and said Binford Road; a 5/8 inch iron rod found bears
  North 68 degrees 08 minutes 01 seconds West, 4.54 feet from said
  corner;
  THENCE North 68 degrees 08 minutes 01 seconds West, along the
  Northerly right-of-way line of said U.S. 290 (old)/State Highway 6
  (aka Hempstead Highway) and crossing Lots 8, 7, and 2 of said
  Section 16, a distance of 2899.51 feet (call: 2897.66 feet) to a 5/8
  inch iron set marking the Southwest corner of the herein described
  tract, same being the Southeast corner of that called 30.213 acre
  tract of land conveyed to Michael L. Perry and Edna A. Perry by deed
  recorded in HCCF No U717338; a 5/8 inch iron rod found bears South
  02 degrees 24 minutes 55 seconds East, 7.01 feet from said corner;
  THENCE North 02 degrees 24 minutes 55 seconds West, along the
  Easterly line of said 30.213 acres, same being the Westerly line of
  Lot 2 of said Section 16 and of Lots 15, 10, and 7 of said Section 9,
  and with the Easterly line of that called 70.801 acre tract conveyed
  to A.J. Foyt, Jr. by deed recorded in HCCF No U071611 and that
  called 11.15 acre tract conveyed to L.J. Hakemack and wife, Ney
  Hakemack, by deed recorded in HCCF No P056681, a distance of 3736.61
  feet (call: 3753.11 feet) to a point for corner at the Northwest
  corner of the herein described tract, same being the Southwest
  corner of the aforesaid 12.4147 acre Terpstra Tract;
  THENCE North 87 degrees 11 minutes 26 seconds East, along the
  Southerly line of said 12.4147 acre tract, a distance of 1612.53
  feet (call: 1623.36 feet) to the Point of Beginning and containing
  255.572 Acres (11,132,730 square feet) of land.
  Tract 2
  A tract or parcel of land containing 440.146 acres (19,172,762
  square feet) out of Lots 11-15 of Section 10 and Lots 1-12, 15, & 16
  of Section 15 of said Harris County School Land Survey, Abstract No
  332, Harris County, Texas; said 440.146 acres out of that same tract
  of land called 451.6392 acres described by deed recorded in HCCF No
  M577056 ("Tract 2-A", therein) and conveyed to Delta Troy
  Interests, Ltd by deed recorded in X381657 and more particularly
  described by metes and bounds as follows:
  COMMENCING at a State Department of Highways and Public
  Transportation Horizontal Control Monument located in the
  southerly right-of-way line of U.S. 290, 160.00 feet at right
  angles from the centerline, across from Engineers Station
  109+27.74;
  THENCE South 70 degrees 39 minutes 12 seconds East, a distance of
  1690.16 feet to a point-of-curvature in the former southerly
  right-of-way line of said U.S. 290; said point-of-curvature being
  located 160.00 feet at right angles from the centerline, across
  from Engineers Station 126+17.90;
  THENCE along said former southerly right-of-way line, clockwise,
  following the arc of a 7479.44 foot radius curve-to-the-right
  (radius point of said curve falls along a bearing of South 19
  degrees 20 minutes 48 seconds West), subtending a central angle of
  03 degrees 05 min 32 seconds, through an arc length of 403.66 feet
  (chord bearing of South 69 degrees 06 minutes 26 seconds East,
  403.61 feet) to a 5/8 inch iron rod set in the current Southerly
  right-of-way line of said U.S. 290 marking the POINT OF BEGINNING
  and the most Easterly Northwest corner of the herein described
  tract; said point being located 160.00 feet at right angles from the
  centerline, across from Engineers Station 130+30.21;
  THENCE continuing along said right-of-way line and said curve,
  subtending a central angle of 13 degrees 42 minutes 56 seconds,
  through an arc length of 1790.44 feet (chord bearing of South 60
  degrees 42 minutes 12 seconds East, 1786.17 feet) to a 5/8 inch iron
  rod set marking a point-of-tangency in said right-of-way line; said
  point being located in the southerly right-of-way line of U.S. 290,
  160.00 feet at right angles from the centerline, across from
  Engineers Station 148+59.00;
  THENCE South 53 degrees 50 minutes 44 seconds East, along said
  right-of-way line, a distance of 2795.16 feet (call: 2793.73 feet -
  TxDOT) to a 5/8 inch iron rod found marking a point-of-curvature in
  said right-of-way line;
  THENCE along said southerly right-of-way line, clockwise,
  following the arc of a 532.96 foot radius curve-to-the-right,
  subtending a central angle of 51 degrees 31 min 30 seconds (call: 51
  degrees 32 minutes 51 seconds - TxDOT), through an arc length of
  478.76 feet (call: 479.28 feet - TxDOT) (chord bearing of South 28
  degrees 04 minutes 59 seconds East, 463.29 feet) to a 5/8 inch iron
  rod found marking a point-of-tangency in said southerly
  right-of-way line;
  THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
  degrees 17 minutes 53 seconds East - TxDOT), along said southerly
  right-of-way line, a distance of 187.88 feet (call: 188.32 feet -
  TxDOT) to a 5/8 inch iron rod found marking a point-of-curvature in
  said southerly right-of-way line;
  THENCE counter-clockwise continuing along said right-of-way line
  and a 612.96 foot radius curve-to-the-left, subtending a central
  angle of 24 degrees 29 minutes 23 seconds (call: 24 degrees 34
  minutes 06 seconds), through an arc length of 261.99 feet (call:
  262.84 feet) (chord bearing of South 14 degrees 33 minutes 56
  seconds East, 260.00 feet) to a 5/8 inch iron rod set for corner,
  same being the most Northerly corner of that called 1.939 acre tract
  of land conveyed to the State of Texas as a Drainage Easement for
  Highway Purposes by deed recorded in HCCF No R450176 out of that
  called 30 acre residue of that called 920.21 acre Schindler "First
  Tract" as described by deed recorded in Vol 2187, Pg 525, HCDR;
  THENCE South 63 degrees 11 minutes 23 seconds West (call: South 63
  degrees 08 minutes 01 seconds West), along the northwesterly line
  of said 1.939 acre tract, a distance of 620.23 feet (call: 620.08
  feet) to a 5/8 inch iron rod set at the northwesterly corner of said
  1.939 acre tract;
  THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
  degrees 17 minutes 53 seconds East), along the westerly line of said
  1.939 acre tract, passing at a distance of 1102.28 feet (call:
  1100.29 feet) a 1/2 inch iron rod found marking the Southwest corner
  of said 1.939 acre and 30 acre tract and the Northwest corner of
  that called 10.298 acre tract conveyed to MRJ Wood Products by deed
  recorded in HCCF No U232228, continuing along the westerly line of
  said 10.298 acre tract, a total distance of 1502.28 feet (call:
  1500.29 feet) to a 5/8 inch iron rod set for corner, same being the
  southwest corner of said 10.298 acre tract;
  THENCE North 87 degrees 40 minutes 46 seconds East (call: North 87
  degrees 42 minutes 07 seconds East), along the southerly line of
  said 10.298 acre tract, a distance of 1121.41 feet to a 5/8 inch
  iron rod set in the Westerly right-of-way line of Kickapoo Road
  marking the most Northerly Southeast corner of the herein described
  tract, same being the southeasterly corner of said 10.298 acre
  tract;
  THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
  degrees 17 minutes 53 seconds East), along the Westerly
  right-of-way line of said Kickapoo Road, a distance of 939.31 feet
  (call: 938.70 feet) to a 1 inch iron pipe found for corner, same
  being the Northeast corner of that called 2.401 acre tract conveyed
  to Leaman Building Materials by deed recorded in HCCF No X159580
  ("Tract One");
  THENCE North 68 degrees 08 minutes 01 seconds West, along the
  northerly line of said 2.401 acre tract, a distance of 597.94 feet
  (call: 600.00') to a 5/8 inch iron rod set for corner, same being
  the Northwest corner of said 2.401 acre tract;
  THENCE South 02 degrees 19 minutes 14 seconds East, along the
  westerly line of said 2.401 acre tract and that called 1.804 acre
  tract also conveyed to said Leaman Building Materials in said HCCF
  No X159580 ("Tract Two"), a distance of 362.42 feet (call: 363.00
  feet) to a 5/8 inch iron rod set in the northerly right-of-way line
  of U.S. 290 (old)/State Highway 6 (aka Hempstead Highway) marking
  the most Southerly Southeast corner of the herein described tract;
  a 1 inch iron rod found bears South 02 degrees 19 minutes 14 seconds
  East, 2.33 feet from said property corner; a 2 inch iron rod found
  marking the Northeast corner of the intersection of said Kickapoo
  Road and said U.S. 290 (old)/State Highway 6 (aka Hempstead
  Highway) bears South 68 degrees 08 minutes 01 seconds East, 670.29
  feet from said property corner;
  THENCE North 68 degrees 08 minutes 01 seconds West, along the
  northerly right-of-way line of said U.S. 290 (old)/State Highway 6
  (aka Hempstead Highway), a distance of 5170.99 feet (call: 5167.61
  feet) to a 5/8 inch iron rod set marking the Southwest corner of the
  herein described tract, same being the Northeast corner of the
  intersection of Binford Road and said U.S. 290 (old)/State Highway
  6 (aka Hempstead Highway); a 5/8 inch iron rod set marking the
  Northwest corner of said intersection bears North 68 degrees 08
  minutes 01 seconds West, 72.54 feet from which a 5/8 inch iron rod
  found bears North 68 degrees 08 minutes 01 seconds West, 4.54 feet;
  THENCE North 02 degrees 39 minutes 08 seconds West, along the
  Easterly right-of-way of said Binford Road (66' right-of-way), a
  distance of 3983.74 feet (call: 3984.16 feet) to a 5/8 inch iron rod
  set marking an angle point in said Easterly right-of-way line;
  THENCE North 03 degrees 59 minutes 00 seconds East, continuing
  along the Easterly right-of-way of said Binford Road (right-of-way
  varies at this point), a distance of 370.66 feet to a 5/8 inch iron
  rod set marking the Southerly end of cut-back corner at the
  southeast corner of the intersection of the aforesaid U.S. 290
  (new) and said Binford Road; said corner being located in the
  southerly right-of-way line of U.S. 290, 326.25 feet at right
  angles from the centerline, across from Engineers Station
  123+06.25;
  THENCE North 56 degrees 39 minutes 54 seconds East, along said
  cut-back, a distance of 97.00 feet to a 5/8 inch iron rod set
  marking the most Northerly Northwest corner of the herein described
  tract; said corner being located in the southerly right-of-way line
  of U.S. 290, 249.10 feet at right angles from the centerline, across
  from Engineers Station 123+65.05;
  THENCE South 70 degrees 39 minutes 12 seconds East, along said
  right-of-way line, a distance of 107.61 feet to a 5/8 inch iron rod
  set marking a point-of-curvature in said right-of-way line; said
  point-of-curvature being located in the southerly right-of-way
  line of U.S. 290, 249.10 feet at right angles from the centerline,
  across from Engineers Station 124+72.67;
  THENCE continuing along said right-of-line line,
  counter-clockwise, following the arc of a 1963.86 foot radius
  curve-to-the-left (radius point of said curve falls along a bearing
  of North 19 degrees 20 minutes 48 seconds East), subtending a
  central angle of 16 degrees 13 minutes 27 seconds, through an arc
  length of 556.10 feet (chord bearing of South 78 degrees 45 minutes
  56 seconds East, 554.24 feet) to the POINT OF BEGINNING and
  containing 440.146 acres (19,172,762 square feet) of land.
  Tract 3
  A tract or parcel of land containing 10.536 acres (458,955 square
  feet) out of Lot 1 of Section 15 of said Harris County School Land
  Survey, Abstract No 332, Harris County, Texas; said 10.536 acres
  being that same tract of land called 10.5483 acres described by deed
  recorded in HCCF No M577056 ("Tract 3", therein) and conveyed to
  Delta Troy Interests, Ltd by deed recorded in X381657 and more
  particularly described by metes and bounds as follows:
  BEGINNING at a 1/2 inch iron rod found marking the Northwest corner
  of the intersection of the northerly right-of-way line of U.S. 290
  and the westerly right-of-way line of Kickapoo Road (66'
  right-of-way), same being the Southeast corner of the herein
  described tract;
  THENCE North 87 degrees 42 minutes 07 seconds West, along the
  northerly right-of-way line of said U.S. 290, a distance of 468.34
  feet to a 5/8 inch iron rod set marking a point-of-curvature in said
  northerly right-of-way line; a 3/8 inch iron rod found bears South
  56 degrees 27 minutes 32 seconds East, 2.03 feet from said
  point-of-curvature;
  THENCE clockwise along said northerly right-of-way line and
  following a 532.96 foot radius curve-to-the-right, subtending a
  central angle of 38 degrees 27 minutes 09 seconds, through an arc
  length of 357.68 feet (chord bearing of North 73 degrees 04 minutes
  18 seconds West, 351.01 feet) to a 5/8 inch iron rod set marking a
  point-of-tangency in said northerly right-of-way line; said
  point-of-tangency being located in the northerly right-of-way line
  of U.S. 290, 160.00 feet at right angles from the centerline, across
  from Engineers Station 174+17.41;
  THENCE North 53 degrees 50 minutes 44 seconds West, along said
  northerly right-of-way line, a distance of 595.14 feet (call:
  596.40 feet) to a 5/8 inch iron rod set marking the Northwest corner
  of the herein described tract in the common line of Lot 16 of
  Section 10 and said Lot 1 of Section 15;
  THENCE North 87 degrees 57 minutes 51 seconds East, along said
  common line, same being the centerline of the aforesaid unnamed 66'
  roadway, a distance of 1266.25 feet (call: 1266.84 feet) to a 5/8
  inch iron rod set in the westerly right-of-way line of said Kickapoo
  Road marking the Northeast corner of the herein described tract; a 1
  inch iron pipe found marking the Southeast corner of the called
  78.9245 acre Schindler tract bears North 02 degrees 15 minutes 05
  seconds West, 33.00 feet for reference;
  THENCE South 02 degrees 15 minutes 05 seconds East, along the
  westerly right-of-way line of said Kickapoo Road, a distance of
  479.89 feet (call: 480.13 feet) to the POINT OF BEGINNING and
  containing 10.536 acres (458,955 square feet) of land.
  Tract 4
  A tract or parcel of land containing 283.558 acres (12,351,801
  square feet) out of Lots 1, 2, 3, 6-11, 15, & 16 of Section 10 of
  said Harris County School Land Survey, Abstract No 332, Harris
  County, Texas; said 283.558 acres being out of that tract of land
  called 393.3575 acres described by deed recorded in HCCF No M577056
  ("Tract 4-A", therein) and conveyed to Delta Troy Interests, Ltd by
  deed recorded in X381657 and more particularly described by metes
  and bounds as follows:
  BEGINNING at a 5/8 inch iron rod set marking the Northeast corner of
  the herein described tract, same being the southwest corner of the
  intersection of Kickapoo Road and said FM 2920 (aka Waller-Tomball
  Road); a 1 inch iron pipe found bears South 02 degrees 15 minutes 05
  seconds East, 0.99 foot from said property corner;
  THENCE South 02 degrees 15 minutes 05 seconds East (call: South 02
  degrees 17 minutes 53 seconds East), along the westerly
  right-of-way line of said Kickapoo Road (66' right-of-way), a
  distance of 2592.60 feet (HCCF No M798918; call: 2593.01 feet-HCCF
  No M577056) to a 5/8 inch iron rod set marking the most northerly
  Southeast corner of the herein described tract, same being in the
  common line of Lots 8 and 9 of said Section 10 and being the
  Northeast corner of that called 78.9245 acre Schindler tract of
  land described in HCCF No M798918 and that called 23.6773 acre tract
  out of same conveyed to Michael McDonald and wife, Kimela McDonald,
  by deed recorded in HCCF No X611580; a 5/8 inch iron rod found bears
  North 87 degrees 33 minutes 33 seconds East, 2.99 feet from said
  corner;
  Thence South 87 degrees 33 minutes 33 seconds West, along the common
  line of said Lots 8 and 9, same being the northerly line of said
  78.9245 acre Schindler tract, a distance of 1316.56 feet (call:
  1316.44 feet - HCCF No M798918) to a 1 inch iron pipe found for
  corner, same being the common corner of Lots 7, 8, 9, and 10 of said
  Section 10 and the Northwest corner of said 78.9245 acre Schindler
  tract; a capped iron rod found bears North 41 degrees 57 minutes 18
  seconds East, 12.64 feet from said corner;
  THENCE South 02 degrees 31 minutes 48 seconds East, along the common
  line of Lots 9, 10, 15, and 16 of said Section 10, same being the
  westerly line of said 78.9245 acre Schindler tract, passing at a
  distance of 2618.58 feet (call: 2617.89 feet- HCCF No M798918) a 1
  inch iron pipe found marking the most Southwest corner of said
  78.9245 acre Schindler tract, same being in the northerly line of
  the aforesaid unnamed 66' roadway, continuing a total distance of
  2621.94 feet (call: 2631.01 feet) to a 5/8 inch iron rod set in the
  northerly right-of-way line of the aforesaid U.S. 290 marking the
  most southerly Southeast corner of the herein described tract;
  THENCE North 53 degrees 50 minutes 44 seconds West, along the
  northerly right-of-way line of said U.S. 290, a distance of 1915.33
  feet (call: 1917.64 feet) to a 5/8 inch iron rod set marking a
  point-of-curvature in the northerly right-of-way line of U.S. 290,
  160.00 feet at right angles from the centerline, across from
  Engineers Station 148+59.00;
  THENCE along said northerly right-of-way line, counter-clockwise,
  following the arc of a 7799.44 foot radius curve-to-the-left,
  subtending a central angle of 04 degrees 50 min 53 seconds, through
  an arc length of 659.96 feet (chord bearing of North 55 degrees 16
  minutes 11 seconds West, 659.76 feet) to the Southwest corner of the
  herein described tract, same being the Southeast corner of that
  called 107.6370 acre tract conveyed to Peter S. Terpstra by deed
  recorded in HCCF No 20070033123; a 3/8 inch iron rod found bears
  South 79 degrees 56 minutes 25 seconds West, 0.88 foot from said
  corner;
  THENCE North 02 degrees 18 minutes 00 seconds West, crossing Lots
  11, 6, and 3 of said Section 10 and along the easterly line of said
  107.6370 acre tract, a distance of 3638.55 feet (call: 3639.80
  feet) to a 5/8 inch iron rod set in the southerly right-of-way line
  of FM 2920 (aka Waller-Tomball Road - 100' right-of-way) marking
  the Northwest corner of the herein described tract, same being the
  Northeast corner of said 107.6370 acres; 5/8 inch iron rods found
  marking the northeast and northwest corners of a 10'x20' SWBT
  easement dedicated by instrument recorded in HCCF No H844991 bear
  South 87 degrees 42 minutes 00 seconds West, along said southerly
  right-of-way line at 379.81 feet and 399.81 feet, respectively,
  from said property corner;
  THENCE North 87 degrees 42 minutes 00 seconds East, along said
  southerly right-of-way line, passing at 2940.90 feet a 5/8 inch
  iron rod found marking the northeast corner of a 20'x20' SWBT
  easement dedicated by instrument recorded in HCCF No H844992,
  continuing a total distance of 3341.68 feet (call: 3335.99 feet) to
  the POINT OF BEGINNING and containing 283.558 acres (12,351,801
  square feet) of land.
  Tract 5
  Being 0.992 acre (43,220 square feet) out of Lot 1, Section 9 of
  Harris County School Land Survey, Abstract No 332 and being that
  called 1 acre conveyed to Leon Schindler and R.G. Schindler by deed
  recorded in Volume 2187, Page 525 of the Deed Records of Harris
  County, Texas; said 0.992 acre fronting 208.00 feet on Binford Road
  and being surrounded on three sides by that called 127.96 acre tract
  conveyed to Peter S. Terpstra, Trustee, by deed recorded in HCCF Nos
  20060246634 & 20060246637; said 0.992 acre also being that same
  tract of land called 1 acre conveyed to Leon Schindler and R.G.
  Schindler by deed recorded in Vol 2187, Pg 525, HCDR ("Fourth
  Tract", therein) and called 0.9922 acre as described by deed
  recorded in HCCF No M577056 ("Tract 5", therein) and conveyed to
  Delta Troy Interests, Ltd by deed recorded in X381657 and more
  particularly described by metes and bounds as follows:
  COMMENCING at a 5/8 inch iron rod found marking the Southerly end of
  cut-back corner at the northwest corner of the intersection of the
  aforesaid U.S. 290 (new) and Binford Road; said corner being
  located in the northerly right-of-way line of U.S. 290, 248.90 feet
  at right angles from the centerline, across from Engineers Station
  118+23.58;
  THENCE North 56 degrees 39 minutes 54 seconds East, along said
  cut-back, a distance of 97.00 feet to a point in the westerly
  right-of-way line of said Binford Road at the Northerly end of said
  cut-back;
  THENCE North 03 degrees 59 minutes 00 seconds East, along the
  westerly right-of-way line of said Binford Road (right-of-way
  varies at this point), a distance of 370.87 feet to a 5/8 inch iron
  rod found marking an angle point in said westerly right-of-way
  line;
  THENCE North 02 degrees 42 minutes 01 seconds West, along the
  westerly right-of-way line of said Binford Road (66' right-of-way),
  a distance of 1690.50 feet to a 1 inch iron pipe found marking the
  POINT OF BEGINNING and southeast corner of the herein described
  tract;
  THENCE South 89 degrees 52 minutes 54 seconds West, crossing said
  Lot 1 of Section 9, a distance of 208.00 feet to a 5/8 inch iron rod
  set marking the southwest corner of the herein described tract; a
  5/8 inch iron rod found bears North 14 degrees 12 minutes 39 seconds
  East, 2.36 feet from said corner;
  THENCE North 02 degrees 42 seconds 01 seconds West (call: North 02
  degrees 41 seconds 16 seconds West, crossing said Lot 1 of Section
  9, a distance of 208.00 feet to a 5/8 inch iron rod set marking the
  northwest corner of the herein described tract;
  THENCE North 89 degrees 52 minutes 54 seconds East, crossing said
  Lot 1 of Section 9, a distance of 208.00 feet to a 1 inch iron pipe
  found in the westerly right-of-way line of said Binford Road (66'
  right-of-way) marking the northeast corner of the herein described
  tract;
         THENCE South 02 degrees 42 minutes 01 seconds East (call:
  South 02 degrees 41 minutes 16 seconds East, along the westerly
  right-of-way line of said Binford Road, a distance of 208.00 feet to
  the POINT OF BEGINNING and containing 0.992 acre (43,220 square
  feet) 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.  (a)  Section 8354.106, Special District Local
  Laws Code, as added by Section 1 of this Act, takes effect only if
  this Act receives a two-thirds vote of all the members elected to
  each house.
         (b)  If this Act does not receive a two-thirds vote of all the
  members elected to each house, Subchapter C, Chapter 8354, Special
  District Local Laws Code, as added by Section 1 of this Act, is
  amended by adding Section 8354.106 to read as follows:
         Sec. 8354.106.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (c)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Subsection (c),
  Section 17, Article I, Texas Constitution.
         SECTION 5.  Except as provided by Section 4 of this Act:
               (1)  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; and
               (2)  if this Act does not receive the vote necessary for
  immediate effect, this Act takes effect September 1, 2011.