By: Kolkhorst S.B. No. 1363
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of Simonton Management District No. 1;
  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 3934 to read as follows:
  CHAPTER 3934. SIMONTON MANAGEMENT DISTRICT NO. 1
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 3934.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Simonton.
               (3)  "County" means Fort Bend County.
               (4)  "Director" means a board member.
               (5)  "District" means the Simonton Management District
  No. 1.
         Sec. 3934.002.  NATURE OF DISTRICT. The Simonton Management
  District No. 1 is a special district created under Section 59,
  Article XVI, Texas Constitution.
         Sec. 3934.003.  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. 3934.004.  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. 3934.005.  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 bonds for the purposes
  for which the district is created or to pay the principal of and
  interest on the bonds;
               (3)  right to impose or collect an assessment or tax; or
               (4)  legality or operation.
         Sec. 3934.006.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3934.007.  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. 3934.051.  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. The board may not consist of
  fewer than five or more than nine voting directors.
         Sec. 3934.052.  APPOINTMENT OF VOTING DIRECTORS. The mayor
  and members of the governing body of the city shall appoint voting
  directors from persons recommended by the board.  A person is
  appointed if a majority of the members of the governing body,
  including the mayor, vote to appoint that person.
         Sec. 3934.053.  NONVOTING DIRECTORS. The board may appoint
  nonvoting directors to serve at the pleasure of the voting
  directors.
         Sec. 3934.054.  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. 3934.055.  COMPENSATION. A director is entitled to
  receive fees of office and reimbursement for actual expenses as
  provided by Section 49.060, Water Code. Sections 375.069 and
  375.070, Local Government Code, do not apply to the board.
         Sec. 3934.056.  INITIAL VOTING DIRECTORS.  (a)  The initial
  board consists of the following voting directors:
 
Pos. No. Name of Director
 
1 CJ Aber
 
2 Debra Sabrsula
 
3 Jeff Cannon
 
4 Steve Littlefield
 
5 Mac McAleer
         (b)  Of the initial directors, the terms of directors
  appointed for positions one through three expire June 1, 2017, and
  the terms of directors appointed for positions four and five expire
  June 1, 2019.
         (c)  Section 3934.052 does not apply to this section.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3934.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3934.102.  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. 3934.103.  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. 3934.104.  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 appoint the board of directors of the
  nonprofit corporation. 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. 3934.105.  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. 3934.106.  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. 3934.107.  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. 3934.108.  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 Chapter 380, Local Government Code.
         Sec. 3934.109.  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. 3934.110.  ANNEXATION OF LAND. The district may annex
  land as provided by Subchapter J, Chapter 49, Water Code.
         Sec. 3934.111.  APPROVAL BY CITY.  Section 375.207, Local
  Government Code, does not apply to the district.
         Sec. 3934.112.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3934.151.  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. 3934.152.  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. 3934.153.  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. 3934.154.  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. 3934.155.  TAX AND ASSESSMENT ABATEMENTS. 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. 3934.201.  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 3934.203.
         (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. 3934.202.  OPERATION AND MAINTENANCE TAX. (a)  If
  authorized by a majority of the district voters voting at an
  election held in accordance with Section 3934.201, 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.
         (c)  Section 49.107(h), Water Code, does not apply to the
  district.
         Sec. 3934.203.  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. 3934.204.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
  AND OTHER OBLIGATIONS. (a)  The district may borrow money on terms
  determined by the board. Section 375.205, Local Government Code,
  does not apply to a loan, line of credit, or other borrowing from a
  bank or financial institution secured by revenue other than ad
  valorem taxes.
         (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.  The district may pledge
  ad valorem taxes to bonds, notes, or other obligations only as
  authorized by the Texas Constitution.
         (c)  The limitation on the outstanding principal amount of
  bonds, notes, and other obligations provided by Section 49.4645,
  Water Code, does not apply to the district.
         Sec. 3934.205.  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. 3934.206.  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.  The Simonton Management District No. 1 initially
  includes all territory contained in the following area:
         TRACT 1
         Being 33.2 acres, more or less, of land situated in the Thomas
  Westall League, Abstract 92, Fort Bend County, Texas, more
  particularly being that certain called 0.681 acre tract (described
  as Tract No. 1), that certain 1.630 acre tract (described as Tract
  No. 2), and that certain 1.019 acre tract (described as Tract No. 3 &
  4), all conveyed to CBDS Investments, Inc. by instrument of record
  in File No. 2006104265 of the Official Public Records of said Fort
  Bend County, Texas (F.B.C.O.P.R.), that certain called 1.012 acre
  tract of land conveyed to CBDS Investments, Inc., by instrument of
  record in File No. 2006110957, F.B.C.O.P.R., that certain called
  1.19 acre tract of land conveyed to FM 1489 Farms, Inc., by
  instrument of record in File No. 2006076342, F.B.C.O.P.R., now
  owned by Twinwood (U.S.), Inc. as conveyed in File No. 2012121483,
  F.B.C.O.P.R., and a portion of that certain called 42.35 acre tract
  conveyed to FM 1489 Farms, Inc., by instrument of record in File
  No. 2006076344, F.B.C.O.P.R., now owned by Twinwood (U.S.), Inc. as
  conveyed in File No. 2012121483, F.B.C.O.P.R., said 33.2 acre tract
  being more particularly described by metes and bounds as follows:
         BEGINNING at the southwesterly corner of the aforementioned
  42.35 acre tract, said point being on the northerly line of F.M.
  1093;
         Thence, Northerly, along the westerly line of said 42.35 acre
  tract, 871 feet, more or less, to a point for corner, said point
  being at the approximate City Limits Line of Simonton;
         Thence, Easterly, along the approximate City Limits Line of
  Simonton, 1,704 feet, more or less, to a point for corner, said
  point being on the easterly line of said 42.35 acre tract and the
  westerly right-of-way line of said F.M. 1489, the beginning of a
  curve;
         Thence, Southerly along the westerly line of said 42.35 acre
  tract, the westerly line of the aforementioned 1.19 acre tract and
  the easterly right-of-way line of said F.M. 1489, 336 feet, more or
  less, along the arc of a non-tangent curve to the right, having a
  radius of 5,679.65 feet, to a westerly corner of said 42.35 acre
  tract;
         Thence, Southerly, along the easterly lines of said 42.35
  acre tract and the aforementioned 0.681 acre tract and the westerly
  right-of-way line of said F.M. 1489, 580 feet, more or less, to a
  point for corner, said point being on the southerly line of the
  aforementioned 1.630 acre;
         Thence, Westerly, along the southerly line of said 1.630 acre
  tract, 162 feet, more or less, to the southwesterly corner of said
  1.630 acre tract;
         Thence, Northerly, along a westerly line of said 1.630 acre
  tract, 95 feet, more or less, to the southeasterly corner of the
  aforementioned 1.012 acre tract, said point being in the northerly
  right-of-way line of said F.M. 1093;
         Thence, Westerly, along the northerly right-of-way line of
  said F.M. 1093 and the southerly line of said 1.012 acre tract, 198
  feet, more or less, to the southwesterly corner of said 1.012 acre
  tract, said point being on the easterly line of the aforementioned
  1.019 acre tract;
         Thence, Southerly, along the easterly line of said 1.019 acre
  tract, 5 feet, more or less, to the southeasterly corner of said
  1.019 acre tract, said point being on the northerly right-of-way
  line of said F.M. 1093;
         Thence, Westerly, along a southerly line of said 1.019 acre
  tract and the northerly right-of-way line of said F.M. 1093, 118
  feet, more or less, to a southerly corner of said 1.019 acre tract;
         Thence, Southerly, along a southerly line of said 1.019 acre
  tract and a northerly right-of-way line of said F.M. 1093, 5 feet,
  more or less, to a southerly corner of said 1.019 acre tract;
         Thence, Westerly, along a southerly line of said 1.019 acre
  tract and the northerly right-of-way line of said F.M. 1093, 51
  feet, more or less, to the southwesterly corner of said 1.019 acre
  tract;
         Thence, Northerly, departing the northerly right-of-way line
  of said F.M. 1093, along the westerly line of said 1.019 acre tract,
  159 feet, more or less, to a southerly corner of the aforementioned
  42.35 acre tract;
         Thence, Westerly, along a southerly line of said 42.35 acre
  tract, 168 feet, more or less, to a southerly interior corner of
  said 42.35 acre tract;
         Thence, Southerly, along a southerly interior line of said
  42.35 acre tract, 156 feet, more or less, to a southerly corner of
  said 42.35 acre tract, said point being on the northerly
  right-of-way line of said F.M. 1093;
         Thence, Westerly, along a southerly line of said 42.35 acre
  tract and the northerly right-of-way line of said F.M. 1093, 1,070
  feet, more or less, to the POINT OF BEGINNING and containing 33.2
  acres of land, more or less.
         TRACT 2
         Being 102 acres, more or less, of land situated in the Thomas
  Westall League, Abstract 92, Fort Bend County, Texas, more
  particularly being a portion of that certain called 42.35 acre
  tract of land conveyed to FM 1489 Farms, Inc., by instrument of
  record in File No. 2006076344, in the Official Public Records of
  said Fort Bend County, Texas (F.B.C.O.P.R.), now owned by Twinwood
  (U.S.), Inc. as conveyed in File No. 2012121483, F.B.C.O.P.R., a
  portion of that certain called 69.1455 acre tract conveyed to FM
  1489 Farms, Inc. by instrument of record in File No. 2008055874,
  now owned by Twinwood (U.S.), Inc. as conveyed in File
  No. 2012121483, F.B.C.O.P.R., and that certain called 63.46 acre
  tract conveyed to FM 1489 Farms, Inc. by instrument of record in
  File No. 2006076347, F.B.C.O.P.R., now owned by Twinwood (U.S.),
  Inc. as conveyed in File No. 2012121483, F.B.C.O.P.R., said 102
  acre tract being more particularly described by metes and bounds as
  follows:
         BEGINNING at the most westerly southwest corner of said
  69.1455 acre tract;
         Thence, Northerly, along an easterly line of said 69.1455
  acre tract, 190 feet, more or less, to a point for corner, said
  point being at the approximate ETJ Line of Simonton;
         Thence, Easterly, along the approximate ETJ Line of Simonton,
  2,169 feet, more or less, to a point for corner, said point being on
  a northeasterly line of said 69.1455 acre tract;
         Thence, Southeasterly, along the northeasterly line of said
  69.1455 acre tract, 402 feet to an easterly corner of said 69.1455
  acre tract, said point being on the westerly right-of-way line of
  F.M. 1489;
         Thence, Southerly, along the easterly line of said 69.1455
  acre tract, the easterly line of the aforementioned 63.46 acre
  tract, and the westerly right-of-way line of said F.M. 1489, 1,507
  feet, more or less, to an easterly corner of said 63.46 acre tract,
  the beginning of a curve;
         Thence, Southerly, along the westerly line of said 63.46 acre
  tract and the westerly right-of-way line of said F.M. 1489, 437
  feet, more or less, along the arc of a tangent curve to the left,
  having a radius of 5,779.65 feet to an easterly corner of said 63.46
  acre tract;
         Thence, Southerly along the easterly line of said 63.46 acre
  tract, an easterly line of the aforementioned 42.35 acre tract, and
  the westerly right-of-way line of said F.M. 1489, 365 feet, more or
  less, to an easterly corner of said 42.35 acre tract, the beginning
  of a curve;
         Thence, Southerly, along the an easterly line of said 42.35
  acre tract and the westerly right-of-way line of said F.M. 1489, 94
  feet, more or less, along the arc of a tangent curve to the right,
  having a radius of 5,679.65 feet, to a point for corner, said point
  being at the approximate City Limits Line of Simonton;
         Thence, Westerly, along the approximate City Limits Line of
  Simonton, 1,704 feet, more or less, to a point for corner, said
  point being on the westerly line of said 42.35 acre tract;
         Thence, Northerly, along the westerly lines of said 42.35
  acre tract, said 63.46 acre tract, and said 69.1455 acre tract,
  2,443 feet, more or less, to a southwesterly interior corner of said
  69.1455 acre tract;
         Thence Westerly, along a southerly line of said 69.1455 acre
  tract, 943 feet, more or less, to the POINT OF BEGINNING and
  containing 102 acres of land, more or less.
         TRACT 3
         Being 138 acres, more or less, of land situated in the Thomas
  Westall League, Abstract 92, Fort Bend County, Texas, more
  particularly being a portion of that certain called 200.15 acre
  tract of land conveyed to Hady Creek Ranch, Inc. by instrument of
  record in File No. 2006084768 of the Official Public Records of
  said Fort Bend County, Texas (F.B.C.O.P.R.), now owned by Twinwood
  (U.S.), Inc. as conveyed in File No. 2012121483, F.B.C.O.P.R., and
  that certain 1.6858 acre tract of land conveyed to Hady Creek Ranch,
  Inc. by instrument of record in File No. 2006084767, F.B.C.O.P.R.,
  now owned by Twinwood (U.S.), Inc. as conveyed in File
  No. 2012121483, F.B.C.O.P.R., said 138 acre tract being more
  particularly described by metes and bounds as follows:
         BEGINNING at the southeasterly corner of said 200.15 acre
  tract;
         Thence, Westerly, along a southerly line of said 200.15 acre
  tract, 1,414 feet, more or less, to a southwesterly corner of said
  200.15 acre tract;
         Thence, Northerly, along a southerly line of said 200.15 acre
  tract, 50 feet, more or less, to a southwesterly corner of said
  200.15 acre tract;
         Thence, Westerly, along a southerly line of said 200.15 acre
  tract, 258 feet, more or less, to a southwesterly corner of said
  200.15 acre tract, said point being on the easterly right-of-way
  line of F.M. 1489;
         Thence, Northerly, along a westerly line of said 200.15 acre
  tract and the easterly line of said F.M. 1489, 570 feet, more or
  less, to a westerly corner of said 200.15 acre tract, the beginning
  of a curve;
         Thence, Northerly, along a westerly line of said 200.15 acre
  tract and the easterly line of said F.M. 1489, 437 feet, more or
  less, along the arc of a tangent curve to the left, having a radius
  of 5,779.65 feet, to a westerly corner of said 200.15 acre tract;
         Thence, Northerly, along a westerly line of said 200.15 acre
  tract and the easterly line of said F.M. 1489, 365 feet, more or
  less to a westerly corner of said 200.15 acre tract, the beginning
  of a curve;
         Thence, Northerly, along a westerly line of said 200.15 acre
  tract and the easterly line of said F.M. 1489, 430 feet, more or
  less, along the arc of a tangent curve to the right, having a radius
  of 5,679.65 feet, to a westerly corner of said 200.15 acre tract;
         Thence, Northerly, along a westerly line of said 200.15 acre
  tract and the easterly right-of-way line of said F.M. 1489, 1,801
  feet, more or less, to a point for corner, said point being at the
  approximate ETJ Line of Simonton, the beginning of a curve;
         Thence, Southeasterly, along the approximate ETJ Line of
  Simonton, 2,115 feet, more or less, along the arc of a non-tangent
  curve to the right, having a radius of 2,640.00 feet, to a point for
  corner, said point being on an easterly line of said 200.15 acre
  tract;
         Thence, Southerly, along an easterly line of said 200.15 acre
  tract and the easterly line of the aforementioned 1.6858 acre
  tract, 2,741 feet, more or less, to the POINT OF BEGINNING and
  containing 138 acres of land, 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, 2015.