By: Raney, Kacal (Senate Sponsor - Schwertner) H.B. No. 3874
         (In the Senate - Received from the House May 6, 2013;
  May 7, 2013, read first time and referred to Committee on
  Intergovernmental Relations; May 16, 2013, reported favorably by
  the following vote:  Yeas 3, Nays 0; May 16, 2013, sent to
  printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the creation of Rock Prairie Management District No. 2;
  providing authority to issue bonds; providing authority to impose
  assessments, fees, or taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 4, Special District Local Laws
  Code, is amended by adding Chapter 3909 to read as follows:
  CHAPTER 3909.  ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3909.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of College Station.
               (3)  "County" means Brazos County.
               (4)  "Director" means a board member.
               (5)  "District" means the Rock Prairie Management
  District No. 2.
         Sec. 3909.002.  NATURE OF DISTRICT. The Rock Prairie
  Management District No. 2 is a special district created under
  Section 59, Article XVI, Texas Constitution.
         Sec. 3909.003.  PURPOSE; DECLARATION OF INTENT. (a) The
  creation of the district is essential to accomplish the purposes of
  Sections 52 and 52-a, Article III, and Section 59, Article XVI,
  Texas Constitution, and other public purposes stated in this
  chapter. By creating the district and in authorizing the city, the
  county, and other political subdivisions to contract with the
  district, the legislature has established a program to accomplish
  the public purposes set out in Section 52-a, Article III, Texas
  Constitution.
         (b)  The creation of the district is necessary to promote,
  develop, encourage, and maintain employment, commerce,
  transportation, housing, tourism, recreation, the arts,
  entertainment, economic development, safety, and the public
  welfare in the district.
         (c)  This chapter and the creation of the district may not be
  interpreted to relieve the city or the county from providing the
  level of services provided as of the effective date of the Act
  enacting this chapter to the area in the district. The district is
  created to supplement and not to supplant city or county services
  provided in the district.
         Sec. 3909.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
  The district is created to serve a public use and benefit.
         (b)  All land and other property included in the district
  will benefit from the improvements and services to be provided by
  the district under powers conferred by Sections 52 and 52-a,
  Article III, and Section 59, Article XVI, Texas Constitution, and
  other powers granted under this chapter.
         (c)  The creation of the district is in the public interest
  and is essential to further the public purposes of:
               (1)  developing and diversifying the economy of the
  state;
               (2)  eliminating unemployment and underemployment; and
               (3)  developing or expanding transportation and
  commerce.
         (d)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, potential employees, employees, visitors,
  and consumers in the district, and of the public;
               (2)  provide needed funding for the district to
  preserve, maintain, and enhance the economic health and vitality of
  the district territory as a community and business center;
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways and by landscaping and
  developing certain areas in the district, which are necessary for
  the restoration, preservation, and enhancement of scenic beauty;
  and
               (4)  provide for water, wastewater, drainage, road, and
  recreational facilities for the district.
         (e)  Pedestrian ways along or across a street, whether at
  grade or above or below the surface, and street lighting, street
  landscaping, parking, and street art objects are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (f)  The district will not act as the agent or
  instrumentality of any private interest even though the district
  will benefit many private interests as well as the public.
         Sec. 3909.005.  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 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 the bond;
               (3)  right to impose or collect an assessment or tax; or
               (4)  legality or operation.
         Sec. 3909.006.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
  All or any part of the area of the district is eligible to be
  included in:
               (1)  a tax increment reinvestment zone created under
  Chapter 311, Tax Code;
               (2)  a tax abatement reinvestment zone created under
  Chapter 312, Tax Code;
               (3)  an enterprise zone created under Chapter 2303,
  Government Code; or
               (4)  an industrial district created under Chapter 42,
  Local Government Code.
         Sec. 3909.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3909.008.  CONSTRUCTION OF CHAPTER. This chapter shall
  be liberally construed in conformity with the findings and purposes
  stated in this chapter.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3909.051.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five voting directors who serve staggered
  terms of four years, with two or three directors' terms expiring
  June 1 of each odd-numbered year.
         (b)  The board by resolution may change the number of voting
  directors on the board if the board determines that the change is in
  the best interest of the district and the change is approved by the
  city. The board may not consist of fewer than 5 or more than 15
  voting directors.
         Sec. 3909.052.  RECOMMENDATIONS FOR SUCCEEDING BOARD. (a)
  Each board of directors, including the initial board, shall
  recommend to the governing body of the city persons to serve on the
  succeeding board.
         (b)  The governing body of the city shall review the
  recommendations and approve or disapprove the directors
  recommended by the board. A person is appointed if a majority of the
  members of the governing body and the mayor vote to appoint that
  person.
         (c)  If the governing body of the city is not satisfied with
  the recommendations submitted by the board and does not vote to
  approve the recommended board members, the board, on the request of
  the governing body, shall submit to the governing body additional
  recommendations. If, after the second submission of
  recommendations, the governing body does not vote to approve the
  additional recommendations of the board, the governing body may
  appoint persons who were not recommended to serve on the succeeding
  board.
         (d)  Board members may serve successive terms.
         (e)  If a provision of Subsections (a)-(d) is found to be
  invalid, the Texas Commission on Environmental Quality shall
  appoint the board from recommendations submitted by the
  then-current board.
         Sec. 3909.053.  NONVOTING DIRECTORS. The board may appoint
  nonvoting directors to serve at the pleasure of the voting
  directors.
         Sec. 3909.054.  QUORUM. For purposes of determining the
  requirements for a quorum of the board, the following are not
  counted:
               (1)  a board position vacant for any reason, including
  death, resignation, or disqualification;
               (2)  a director who is abstaining from participation in
  a vote because of a conflict of interest; or
               (3)  a nonvoting director.
         Sec. 3909.055.  INITIAL VOTING DIRECTORS. (a) The mayor and
  the members of the governing body of the city shall appoint initial
  voting directors by position.  A person is appointed if a majority
  of the members of the governing body and the mayor vote to appoint
  that person.
         (b)  Of the initial directors, the terms of directors
  appointed for positions one through three expire June 1, 2015, and
  the terms of directors appointed for positions four and five expire
  June 1, 2017.
         (c)  Section 3909.052 does not apply to this section.
         (d)  This section expires September 1, 2017.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3909.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3909.102.  IMPROVEMENT PROJECTS AND SERVICES. The
  district may provide, design, construct, acquire, improve,
  relocate, operate, maintain, or finance an improvement project or
  service using any money available to the district, or contract with
  a governmental or private entity to provide, design, construct,
  acquire, improve, relocate, operate, maintain, or finance an
  improvement project or service authorized under this chapter or
  Chapter 375, Local Government Code.
         Sec. 3909.103.  DEVELOPMENT CORPORATION POWERS. The
  district, using money available to the district, may exercise the
  powers given to a development corporation under Chapter 505, Local
  Government Code, including the power to own, operate, acquire,
  construct, lease, improve, or maintain a project under that
  chapter.
         Sec. 3909.104.  NONPROFIT CORPORATION. (a) The board by
  resolution may authorize the creation of a nonprofit corporation to
  assist and act for the district in implementing a project or
  providing a service authorized by this chapter.
         (b)  The nonprofit corporation:
               (1)  has each power of and is considered to be a local
  government corporation created under Subchapter D, Chapter 431,
  Transportation Code; and
               (2)  may implement any project and provide any service
  authorized by this chapter.
         (c)  The board shall select directors from the board to serve
  as the board of directors of the nonprofit corporation. The board
  may appoint one or more persons who are not directors to the board
  of directors of the nonprofit corporation if the governing body of
  the city determines that the appointment is in the best interest of
  the district.  The board of directors of the nonprofit corporation
  shall serve in the same manner as the board of directors of a local
  government corporation created under Subchapter D, Chapter 431,
  Transportation Code, except that a board member is not required to
  reside in the district.
         Sec. 3909.105.  AGREEMENTS; GRANTS. (a) As provided by
  Chapter 375, Local Government Code, the district may make an
  agreement with or accept a gift, grant, or loan from any person.
         (b)  The implementation of a project is a governmental
  function or service for the purposes of Chapter 791, Government
  Code.
         Sec. 3909.106.  LAW ENFORCEMENT SERVICES. To protect the
  public interest, the district may contract with a qualified party,
  including the county or the city, to provide law enforcement
  services in the district for a fee.
         Sec. 3909.107.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
  district may join and pay dues to a charitable or nonprofit
  organization that performs a service or provides an activity
  consistent with the furtherance of a district purpose.
         Sec. 3909.108.  ECONOMIC DEVELOPMENT. (a) The district may
  engage in activities that accomplish the economic development
  purposes of the district.
         (b)  The district may establish and provide for the
  administration of one or more programs to promote state or local
  economic development and to stimulate business and commercial
  activity in the district, including programs to:
               (1)  make loans and grants of public money; and
               (2)  provide district personnel and services.
         (c)  The district may create economic development programs
  and exercise the economic development powers provided to
  municipalities by:
               (1)  Chapter 380, Local Government Code; and
               (2)  Subchapter A, Chapter 1509, Government Code.
         Sec. 3909.109.  PARKING FACILITIES. (a) The district may
  acquire, lease as lessor or lessee, construct, develop, own,
  operate, and maintain parking facilities or a system of parking
  facilities, including lots, garages, parking terminals, or other
  structures or accommodations for parking motor vehicles off the
  streets and related appurtenances.
         (b)  The district's parking facilities serve the public
  purposes of the district and are owned, used, and held for a public
  purpose even if leased or operated by a private entity for a term of
  years.
         (c)  The district's parking facilities are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (d)  The development and operation of the district's parking
  facilities may be considered an economic development program.
         Sec. 3909.110.  ANNEXATION OF LAND. The district may annex
  land as provided by Subchapter J, Chapter 49, Water Code.
         Sec. 3909.111.  APPROVAL BY CITY.  (a)  Except as provided by
  Subsection (c), the district must obtain the approval of the city
  for:
               (1)  the issuance of bonds;
               (2)  the plans and specifications of an improvement
  project financed by bonds; and
               (3)  the plans and specifications of an improvement
  project related to the use of land owned by the city, an easement
  granted by the city, or a right-of-way of a street, road, or
  highway.
         (b)  The district may not issue bonds until the governing
  body of the city adopts a resolution or ordinance authorizing the
  issuance of the bonds.
         (c)  If the district obtains the approval of the governing
  body of the city of a capital improvements budget for a period not
  to exceed 10 years, the district may finance the capital
  improvements and issue bonds specified in the budget without
  further approval from the city.
         (d)  The governing body of the city:
               (1)  is not required to adopt a resolution or ordinance
  to approve plans and specifications described by Subsection (a);
  and
               (2)  may establish an administrative process to approve
  plans and specifications described by Subsection (a) without the
  involvement of the governing body.
         Sec. 3909.112.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3909.151.  DISBURSEMENTS AND TRANSFERS OF MONEY. The
  board by resolution shall establish the number of directors'
  signatures and the procedure required for a disbursement or
  transfer of district money.
         Sec. 3909.152.  MONEY USED FOR IMPROVEMENTS OR SERVICES.
  The district may acquire, construct, finance, operate, or maintain
  any improvement or service authorized under this chapter or Chapter
  375, Local Government Code, using any money available to the
  district.
         Sec. 3909.153.  PETITION REQUIRED FOR FINANCING SERVICES AND
  IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
  service or improvement project with assessments under this chapter
  unless a written petition requesting that service or improvement
  has been filed with the board.
         (b)  A petition filed under Subsection (a) must be signed by
  the owners of a majority of the assessed value of real property in
  the district subject to assessment according to the most recent
  certified tax appraisal roll for the county.
         Sec. 3909.154.  ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
  The board by resolution may impose and collect an assessment for any
  purpose authorized by this chapter in all or any part of the
  district.
         (b)  An assessment, a reassessment, or an assessment
  resulting from an addition to or correction of the assessment roll
  by the district, penalties and interest on an assessment or
  reassessment, an expense of collection, and reasonable attorney's
  fees incurred by the district:
               (1)  are a first and prior lien against the property
  assessed;
               (2)  are superior to any other lien or claim other than
  a lien or claim for county, school district, or municipal ad valorem
  taxes; and
               (3)  are the personal liability of and a charge against
  the owners of the property even if the owners are not named in the
  assessment proceedings.
         (c)  The lien is effective from the date of the board's
  resolution imposing the assessment until the date the assessment is
  paid. The board may enforce the lien in the same manner that the
  board may enforce an ad valorem tax lien against real property.
         (d)  The board may make a correction to or deletion from the
  assessment roll that does not increase the amount of assessment of
  any parcel of land without providing notice and holding a hearing in
  the manner required for additional assessments.
         Sec. 3909.155.  EXEMPTIONS. Section 375.162, Local
  Government Code, does not apply to an organization exempt from
  federal income tax under Section 501(a), Internal Revenue Code of
  1986, by being described by Section 501(c)(3) of that code,
  operating in the district.  The organization is not exempt from
  paying a district assessment.
         Sec. 3909.156.  RESIDENTIAL PROPERTY NOT EXEMPT.  Section
  375.161, Local Government Code, does not apply to a tax authorized
  or approved by the voters of the district or a required payment for
  a service provided by the district, including water and sewer
  services.
         Sec. 3909.157.  TAX AND ASSESSMENT ABATEMENT.  The district
  may designate reinvestment zones and may grant abatements of
  district taxes or assessments on property in the zones.
  SUBCHAPTER E. TAXES AND BONDS
         Sec. 3909.201.  ELECTIONS REGARDING TAXES AND BONDS. (a)
  The district may issue, without an election, bonds, notes, and
  other obligations secured by:
               (1)  revenue other than ad valorem taxes; or
               (2)  contract payments described by Section 3909.203.
         (b)  The district must hold an election in the manner
  provided by Subchapter L, Chapter 375, Local Government Code, to
  obtain voter approval before the district may impose an ad valorem
  tax or issue bonds payable from ad valorem taxes.
         (c)  Section 375.243, Local Government Code, does not apply
  to the district.
         (d)  All or any part of any facilities or improvements that
  may be acquired by a district by the issuance of its bonds may be
  submitted as a single proposition or as several propositions to be
  voted on at the election.
         Sec. 3909.202.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized by a majority of the district voters voting at an
  election held in accordance with Section 3909.201, the district may
  impose an operation and maintenance tax on taxable property in the
  district in accordance with Section 49.107, Water Code, for any
  district purpose, including to:
               (1)  maintain and operate the district;
               (2)  construct or acquire improvements; or
               (3)  provide a service.
         (b)  The board shall determine the tax rate. The rate may not
  exceed the rate approved at the election.
         Sec. 3909.203.  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.
         Sec. 3909.204.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
  AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
  determined by the board.
         (b)  The district may issue bonds, notes, or other
  obligations payable wholly or partly from ad valorem taxes,
  assessments, impact fees, revenue, contract payments, grants, or
  other district money, or any combination of those sources of money,
  to pay for any authorized district purpose.
         Sec. 3909.205.  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 annual ad valorem tax, without limit as to rate or amount,
  for each year that 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. 3909.206.  CITY NOT REQUIRED TO PAY DISTRICT
  OBLIGATIONS. Except as provided by Section 375.263, Local
  Government Code, the city is not required to pay a bond, note, or
  other obligation of the district.
         SECTION 2.  Rock Prairie Management District No. 2 initially
  includes all territory contained in the following area:
         All that certain tract or parcel of land lying and being
  situated in the Thomas Caruthers league (abstract no. 9) and Robert
  Stevenson league (abstract no. 54) in College Station, Brazos
  County, Texas, generally being the area between State Highway no. 6
  and Rock Prairie Road East, from Medical Avenue to William D. Fitch
  Parkway, save and except all of Lot 1, Rock Prairie Baptist Church
  (vol. 7312, pg. 207) lying south of the south right-of-way of Rock
  Prairie Road East, and the boundary being more particularly
  described as follows:
         Beginning at the intersection of the south right-of-way line
  of Rock Prairie Road East (60 feet south of surveyed centerline) and
  the east boundary of Block 7 of the Scott & White Healthcare
  Subdivision (vol. 10179, pg. 50), being the northeast corner of Lot
  1, Block 7 of said subdivision, and from where City of College
  Station GPS control monument no. 9 bears S 82° 02' 35" E - 7016.5
  feet.
         Thence N 2 ° 42' 34" W - 120.04 feet along an extension of the
  said east boundary line of Block 7, to a point in the north
  right-of-way line of Rock Prairie Road East;
         Thence along the north right-of-way lines of Rock Prairie
  Road East (59.0 feet north of the surveyed centerline) as follows:
               S 86° 27' 34" E - 1771.13 feet, S 85° 02' 05" E - 1228.54
  feet and S 84° 23' 02" E - 10.29 feet to a right-of-way offset point
  in the common line of the Dale and Reba Conrad 26.25 acre tract
  (vol. 460, pg. 505) and the Flying Ace Ranch, Ltd. 26.245 acre tract
  (vol. 3767, pg. 237);
         Thence S 24° 22' 52" W - 1.58 feet along said common tract line
  to another offset point in the north right-of-way line of Rock
  Prairie Road East;
         Thence along the north right-of-way lines of Rock Prairie
  Road East (57.5 feet north of the surveyed centerline) as follows:
               S 84° 23' 02" E - 606.93 feet, S 82° 02' 02" E - 1453.40
  feet, S 77° 01' 02" E - 1052.59 feet, S 76° 28' 02" E - 2876.58 feet,
  S 69° 53' 32" E - 2812.30 feet to the beginning of a tangent curve to
  the right with a radius of 1057.50 feet, along said curve through a
  central angle of 11° 43' 34" to a point in the old northeast
  prescriptive right-of-way fenceline, and S 69° 17' 50" E - 269.35
  feet along said fenceline to the southeast line of the Hartzell
  Elkins 35.37 acre tract (vol. 1920, pg. 323) and northwest line of
  William D. Fitch Parkway;
         Thence across Rock Prairie Road East as follows:
               S 42° 32' 30" W - 32.00 feet to the south corner of said
  Elkins tract, called to be in the centerline of the road, S 19° 52'
  04" W - 36.01 feet to the east corner of the College Station
  Independent School District 44.535 acre tract (vol. 8413, pg. 291)
  at the old right-of-way fence corner post, and S 41° 51' 48" W -
  170.08 feet along the southeast line of said C.S.I.S.D. tract and
  northwest line of Fitch Parkway to its intersection with the south
  right-of-way chamfer of Rock Prairie Road East;
         Thence along the south right-of-way lines of Rock Prairie
  Road East (57.5 feet south of the surveyed centerline) as follows:
               N 5° 38' 11" W - 67.56 feet, N 53° 08' 10" W - 112.88 feet
  to the beginning of a tangent curve to the left with a radius of
  942.50 feet, along said curve through a central angle of 16° 45' 22"
  to the point of tangency, and N 69° 53' 32" W - 551.37 feet to the
  common line of said C.S.I.S.D. tract and the Brazos Valley Solid
  Waste Management Agency, Inc. 76.00 acre Tract II (vol. 9857, pg.
  186);
         Thence S 41° 51' 48" W - 1842.68 feet along said common tract
  line to its southwest end in a northeast line of the B.V.S.W.M.A.
  179.99 acre Tract I;
         Thence S 48° 05' 47" E - 941.57 feet, along the common line of
  said Tract I and the C.S.I.S.D. tract to their common corner in the
  northwest right-of-way of William D. Fitch Parkway;
         Thence S 41° 51' 48" W - 1425.30 feet, along said northwest
  right-of-way line, to the south corner of the said B.V.S.W.M.A.
  Tract I;
         Thence S 41° 51' 48" W - 1066.80 feet, continuing along said
  northwest right-of-way line of William D. Fitch Parkway, to the
  east common corner of the City of College Station 140.29 acre Tract
  One (vol. 3900, pg. 188) and Spring Meadows Phase I (vol. 5106, pg.
  284);
         Thence along the southern boundaries of multiple City of
  College Station tracts (vol. 3900, pgs. 188 & 223, vol. 5056, pg.
  43) as follows:
               N 73° 00' 00" W - 496.40 feet, S 51° 00' 00" W - 175.05
  feet, N 76° 00' 00" W - 200.00 feet, S 41° 51' 44" W - 51.88 feet, N 70°
  46' 00" W - 157.10 feet, S 41° 51' 44" W - 262.67 feet, N 82° 55' 43" W
  - 700.87 feet, S 41° 52' 26" W - 650.00, N 48° 08' 02" W - 412.47 feet,
  S 66° 47' 54" W - 827.57 feet, N 47° 45' 25" W - 129.90 feet, S 28° 59'
  29" W - 2.01 feet, S 41° 48' 43" W - 336.13 feet, S 48° 45' 08" E -
  440.00 feet and S 53° 00'00" W - 1304.90 feet to the northeast
  right-of-way line of State Highway no. 6;
         Thence along the northeast right-of-way lines of said highway
  as follows:
               N 49° 25' 00" W - 438.00 feet, N 55° 07' 38" W - 201.00
  feet, N 49° 25' 00" W - 751.78 feet to the west corner of the City of
  College Station 36.9 acre tract (vol. 4329, pg. 134), and N 49° 25'
  00" W - 1025.93 feet to the south corner of Barron Park Subdivision
  (vol. 939, pg. 209);
         Thence along the southeast, northeast and northwest lines of
  Lots 1 and 2 of said Barron Park Subdivision as follows:
               N 41° 09' 46" E - 1353.16 feet, N 49° 12' 46" W - 88.68
  feet to the south corner of the City of College Station 100.64 acre
  tract (vol. 6927, pg. 226), N 54° 07' 24" W - 291.11 feet, N 64° 27'
  21" W - 117.03 feet, N 54° 53' 54" W - 24.95 feet, N 53° 19' 32" W -
  113.87 feet, N 49° 26' 59" W - 190.11 feet and S 41° 09' 38" W -
  1286.04 feet to the common corner of said Lot 2 and Lot 3 in the
  northeast right-of-way line of State Highway no. 6;
         Thence along the said northeast right-of-way lines of said
  highway as follows:
               N 47° 46' 18" W - 537.86 feet to the southwest common
  corner of Lot 3 of said Barron Park Subdivision and that City of
  College Station 46.60 acre tract (vol. 3310, pg. 321), N 47° 46' 48"
  W - 65.34 feet, N 55° 07' 37" W - 201.00 feet, N 49° 25' 00" W - 600.00
  feet and N 44° 08' 33" W - 147.79 feet to the southwest common corner
  of said 46.60 acre tract and the Barker Subdivision (vol. 5101, pg.
  182);
         Thence N 38° 51' 07" E - 279.95 feet along the southeast line
  of said Barker Subdivision to its east corner;
         Thence N 47° 42' 16" W - 1053.70 feet along the northeast line
  of said Barker Subdivision and continuing along the northeast line
  of Cooper's Subdivision (vol. 4708, pg. 230) to its north corner,
  also being the east corner of the Harley Subdivision (vol. 3961, pg.
  236) and the south corner of that IHD Properties, LLC 2.77 acre
  Tract One (vol. 10144, pg. 203);
         Thence along the south, east and north lines of said IHD
  Properties tract as follows:
               N 42° 17' 04" E - 175.00 feet, N 47° 42' 56" W - 638.83
  feet and S 72° 19' 02" W - 202.14 feet to the northeast line of said
  Harley Subdivision and a southwest line of that M.D. Wheeler, Ltd.
  71.52 acre Tract Two (vol. 3007, pg. 341);
         Thence along the southwest lines of said Wheeler Tract Two
  and continuing along the southeast lines of the Wheeler 10.01 acre
  Tract One as follows:
               N 47° 42' 33" W - 177.08 feet, N 46° 46' 09" W - 304.24
  feet, S 21° 27' 46" W - 145.09 feet and S 41° 43' 32" W - 194.25 feet,
  returning to the northeast right-of-way line of State Highway no.
  6;
         Thence along the said highway northeast right-of-way lines as
  follows:
               N 42° 27' 25" W - 105.18 feet, N 36° 45' 17" W - 383.87
  feet, N 27° 43' 31" W - 192.30 feet and N 34° 27' 26" W - 55.00 feet to
  the southeast line of Block 4 of the said Scott & White Healthcare
  Subdivision;
         Thence along the east boundary lines of said Scott & White
  subdivision as follows:
               N 41° 15' 39" E - 1224.44 feet, N 47° 37' 11" W - 128.13
  feet, N 50° 49' 32" E - 930.60 feet and N 2° 42' 34" W - 1023.83 feet
  to the Point of Beginning and containing 1308.51 acres of land more
  or less.
         SAVE and EXCEPT the following tract:
         Beginning at the intersection of the south right-of-way line
  of Rock Prairie Road East (57.5 feet south of the surveyed
  centerline) and the west line of Lot 1 of Rock Prairie Baptist
  Church (vol. 7312, pg. 207), from where City of College Station GPS
  control monument no. 9 bears S 78° 01' 24" E - 3240.0 feet.
         Thence S 82° 02' 02" E - 414.05 feet along said south
  right-of-way line, parallel and 7.50 feet south of the north line of
  said Lot 1, to its intersection with the east line of said Lot 1;
         Thence S 20° 22' 54" E - 600.82 feet along the east line of Lot
  1 to its southeast corner;
         Thence N 82° 02' 02" W - 699.33 feet along the south line of
  Lot 1 to its southwest corner;
         Thence N 7° 57' 58" E - 528.77 feet along the west line of Lot 1
  to the Point of Beginning and containing 6.76 acres of land more or
  less.
         Leaving a net acreage for this described tract of 1301.76
  acres more or less.
         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,
  lieutenant governor, and speaker of the house of representatives
  within the required time.
         (d)  The general law relating to consent by political
  subdivisions to the creation of districts with conservation,
  reclamation, and road powers and the inclusion of land in those
  districts has been complied with.
         (e)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act have been
  fulfilled and accomplished.
         SECTION 4.  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, 2013.
 
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