85R27678 SMT-F
 
  By: Bailes H.B. No. 4317
 
  Substitute the following for H.B. No. 4317:
 
  By:  Perez C.S.H.B. No. 4317
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of River Ranch Improvement District of
  Liberty County; 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 3948 to read as follows:
  CHAPTER 3948.  RIVER RANCH IMPROVEMENT DISTRICT OF LIBERTY COUNTY
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3948.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Dayton.
               (3)  "County" means Liberty County.
               (4)  "Director" means a board member.
               (5)  "District" means the River Ranch Improvement
  District of Liberty County.
         Sec. 3948.002.  NATURE OF DISTRICT. The district is a
  special district created under Section 59, Article XVI, Texas
  Constitution.
         Sec. 3948.003.  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, and to accomplish the redevelopment of
  land 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. 3948.004.  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 road, transportation, 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. 3948.005.  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. 3948.006.  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. 3948.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3948.008.  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. 3948.051.  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 5 or more than 15 directors.
         Sec. 3948.052.  APPOINTMENT OF VOTING DIRECTORS. The Texas
  Commission on Environmental Quality shall appoint voting directors
  from persons recommended by the board.
         Sec. 3948.053.  NONVOTING DIRECTORS. The board may appoint
  nonvoting directors to serve at the pleasure of the voting
  directors.
         Sec. 3948.054.  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. 3948.055.  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. 3948.056.  INITIAL VOTING DIRECTORS.  (a) The initial
  board consists of the following five directors:
 
Pos. No. Name of Director
 
1. Wayne Knox
 
2. Mary H. Cody
 
3. Gene Campbell
 
4. Bill Gammel
 
5. Christopher Brant Elliott
         (b)  Of the initial directors, the terms of directors
  appointed for positions one through three expire June 1, 2019, and
  the terms of directors appointed for positions four and five expire
  June 1, 2021.
         (c)  Section 3948.052 does not apply to this section.
         (d)  This section expires September 1, 2021.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3948.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3948.102.  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. 3948.103.  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. 3948.104.  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. 3948.105.  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. 3948.106.  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. 3948.107.  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. 3948.108.  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. 3948.109.  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. 3948.110.  ROAD DISTRICT POWERS.  The district has the
  powers provided by the general laws relating to road districts and
  road utility districts created under Section 52(b), Article III,
  Texas Constitution, including Chapters 257 and 441, Transportation
  Code.
         Sec. 3948.111.  ROAD STANDARDS AND REQUIREMENTS. (a)  A road
  project must meet all applicable construction standards, zoning and
  subdivision requirements, and regulations of each municipality in
  whose corporate limits or extraterritorial jurisdiction the road
  project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards,
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
         Sec. 3948.112.  NAVIGATION DISTRICT POWERS. (a) The
  district has the powers provided by the general law of this state
  applicable to navigation districts created under Section 59,
  Article XVI, Texas Constitution, including Chapters 60 and 62,
  Water Code.
         (b)  The district may purchase, construct, acquire, own,
  operate, maintain, improve, or extend, inside and outside the
  district, a canal, waterway, bulkhead, dock, or other improvement
  or facility necessary or convenient to accomplish the navigation
  purposes of the district.
         Sec. 3948.113.  RAIL FACILITIES.  The district may
  construct, acquire, improve, maintain, and operate rail facilities
  and improvements in aid of those facilities.
         Sec. 3948.114.  RURAL PUBLIC TRANSPORTATION POWERS. (a)  
  The district may provide and coordinate rural public transportation
  in its territory in the manner provided by Sections 458.010 and
  458.011, Transportation Code, for a rural transit district.
         (b)  Section 458.012(a), Transportation Code, does not apply
  to the operations of the district under Subsection (a).
         Sec. 3948.115.  ANNEXATION OR EXCLUSION OF LAND. (a) The
  district may annex land as provided by Subchapter J, Chapter 49,
  Water Code.
         (b)  The district may exclude land as provided by Subchapter
  J, Chapter 49, Water Code. Section 375.044(b), Local Government
  Code, does not apply to the district.
         Sec. 3948.116.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3948.151.  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. 3948.152.  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. 3948.153.  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. 3948.154.  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. 3948.155.  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. 3948.156.  COMPETITIVE BIDDING.  Subchapter I, Chapter
  49, Water Code, applies to the district.  Sections 375.221 and
  375.223, Local Government Code, do not apply to the district.
         Sec. 3948.157.  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. 3948.201.  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 3948.203.
         (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. 3948.202.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized by a majority of the district voters voting at an
  election held in accordance with Section 3948.201, 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. 3948.203.  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. 3948.204.  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.
         Sec. 3948.205.  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. 3948.206.  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.
  SUBCHAPTER F.  DEFINED AREAS
         Sec. 3948.251.  AUTHORITY TO ESTABLISH DEFINED AREAS OR
  DESIGNATED PROPERTY. The district may define areas or designate
  certain property of the district to pay for improvements,
  facilities, or services that primarily benefit that area or
  property and do not generally and directly benefit the district as a
  whole.
         Sec. 3948.252.  PROCEDURE FOR ELECTION. (a) Before the
  district may impose an ad valorem tax or issue bonds payable from ad
  valorem taxes of the defined area or designated property, the board
  shall hold an election in the defined area or in the designated
  property only.
         (b)  The board may submit the issues to the voters on the same
  ballot to be used in another election.
         Sec. 3948.253.  DECLARING RESULT AND ISSUING ORDER. (a) If
  a majority of the voters voting at the election approve the
  proposition or propositions, the board shall declare the results
  and, by order, shall establish the defined area and describe it by
  metes and bounds or designate the specific property.
         (b)  A court may not review the board's order except on the
  ground of fraud, palpable error, or arbitrary and confiscatory
  abuse of discretion.
         Sec. 3948.254.  TAXES FOR SERVICES, IMPROVEMENTS, AND
  FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
  approval and adoption of the order described by Section 3948.253,
  the district may apply separately, differently, equitably, and
  specifically its taxing power and lien authority to the defined
  area or designated property to provide money to construct,
  administer, maintain, and operate services, improvements, and
  facilities that primarily benefit the defined area or designated
  property.
         Sec. 3948.255.  ISSUANCE OF BONDS FOR DEFINED AREA OR
  DESIGNATED PROPERTY. After the order under Section 3948.253 is
  adopted, the district may issue bonds to provide for any land,
  improvements, facilities, plants, equipment, and appliances for
  the defined area or designated property.
         SECTION 2.  The River Ranch Improvement District of Liberty
  County initially includes all territory contained in the following
  area:
  TRACT ONE
  Being 6980.02 acres of land situated in the William Bloodgood
  Survey, Abstract 3, the William D. Smith Survey, Abstract 106, the
  H. E. & W. RR. Number 1131 Survey, Abstract 515, the William E.
  Kierstead Survey, Abstract 693, the George Pace Survey, Abstract
  805, the Louis Davis Survey, Abstract 18, the A. P. Blackwell
  Survey, Abstract 782, the Robert Wiseman Survey, Abstract 392, and
  the T. & N. O. RR. Survey, Abstract 383, in Liberty County, Texas,
  and being the residue of that called 7449.781 acres of land as
  recorded in Liberty County Clerk's File Number 2009008952 and being
  more particularly described by metes and bounds as follows;
  BEGINNING, at a found five eighths inch iron rod, marking the most
  northwesterly corner of said called 7450.588 acre tract, the
  southwesterly corner of a called 17.56 acre tract as recorded in
  Liberty County Clerk's File Number 2006012623 and in the east line
  of State Highway 146 (width varies). Said BEGINNING point having a
  Texas State Plane Coordinate System, Central Zone (4203) Value of
  Y= 9,997,553.25 and X= 4,013,812.92 (GRID);
  1.  THENCE, North 58 degrees 04 minutes 55 seconds East, along the
  most northerly line of said called 7450.588 acre tract and the south
  line of said called 17.56 acre tract, for a distance of 2,611.49
  feet (called 2,601.00 feet), to a found one half inch iron rod
  (disturbed) for an angle point;
  2.  THENCE, North 87 degrees 23 minutes 42 seconds East, continuing
  along the northerly line of said called 7450.588 acre tract and the
  south line of said called 17.56 acre tract, for a distance of 74.68
  feet (called 74.54 feet) to a found one half inch iron rod
  (disturbed) for an interior corner;
  3.  THENCE, North 02 degrees 41 minutes 57 seconds West, along an
  interior corner of said called 7450.588 acre tract, for a distance
  of 139.09 feet (called 138.89 feet), to a found one half inch iron
  rod, marking an exterior corner of said called 7450.58 acre tract;
  4.  THENCE, North 87 degrees 27 minutes 21 seconds East, along an
  exterior line of said called 7450.588 acre tract, a distance of
  1038.04 feet to a found two inch iron pipe (disturbed);
  5.  THENCE, North 87 degrees 20 minutes 53 seconds East continuing
  along an exterior line of said called 7450.588 acre tract a distance
  of 6578.98 feet to a found two inch iron pipe;
  6.  THENCE, South 02 degrees 39 minutes 21 seconds East continuing
  along an exterior line of said called 7450.588 acre tract a distance
  of 139.61 feet to a found two inch iron pipe;
  7.  THENCE, North 87 degrees 16 minutes 21 seconds East continuing
  along an exterior line of said called 7450.588 acre tract a distance
  of 7238.81 feet to a found two inch iron pipe in the westerly
  right-of-way line of Liberty County Road Number 455;
  8.  THENCE, South 15 degrees 26 minutes 45 seconds East along said
  westerly right-of-way line of Liberty County Road Number 455, a
  distance of 1458.52 feet to a found two inch iron pipe;
  9.  THENCE, North 86 degrees 22 minutes 33 seconds East a distance
  of 61.66 feet to a found one half inch iron rod with cap 'BHA'
  marking the north west corner of a called 2.67 acres as recorded in
  Liberty County Clerks (LCCFN) 2012007988;
  10.  THENCE, South 15 degrees 08 minutes 32 seconds East along the
  west line of said called 2.67 acres, a distance of 770.50 feet to an
  angle point;
  11.  THENCE, South 00 degrees 46 minutes 36 seconds West a distance
  of 349.09 feet to a found one and one half inch iron pipe marking the
  northeast corner of a called 4.113 acres LCCFN 20108323;
  12.  THENCE, North 89 degrees 38 minutes 50 seconds West along the
  northerly line of said a called 4.113 acres, a distance of 631.10
  feet to a found one half inch iron rod with cap '5068';
  13.  THENCE, South 03 degrees 14 minutes 43 seconds East along the
  westerly line of said a called 4.113 acres, a distance of 238.21
  feet to a found one and one half inch iron pipe;
  14.  THENCE, South 77 degrees 57 minutes 13 seconds East along the
  southerly line of said a called 4.113 acres a distance of 100.90
  feet to the northerly line of called Possible Conflict Area in LCCFN
  20078486;
  15.  THENCE, South 87 degrees 10 minutes 33 seconds West along the
  northerly line of called Possible Conflict Area, a distance of
  1866.59 feet to a found one and one half inch iron pipe (destroyed);
  16.  THENCE, South 03 degrees 22 minutes 15 seconds East along the
  westerly line of called Possible Conflict Area, a distance of
  103.25 feet to a 'Boat Spike in Concrete' marking the fenced
  northerly of Hilton tract as recorded at LCCFN 20078486;
  17.  THENCE, South 02 degrees 53 minutes 32 seconds East along the
  said Hilton tract, a distance of 3361.75 feet to a found one and one
  half inch rod being in the north line of 1454.19 acre tract
  described in Volume 1307, Page 88 of the Deed Records of Liberty
  County (DRLC);
  18.  THENCE, South 87 degrees 17 minutes 29 seconds West along the
  north line of said 1454.19 acre tract a distance of 463.43 feet to a
  found one and one half inch rod;
  19.  THENCE, South 03 degrees 53 minutes 48 seconds East along the
  west line of said 1454.19 acre tract, and the west line of that
  certain called 473.221 acre tract described in Volume 1933, Page
  384 DRLC, a distance of 11,157.52 feet to found two inch iron pipe
  marking the southwest corner of said 473.221 acre tract;
  20.  THENCE, North 85 degrees 18 minutes 55 seconds East along the
  south line of said 473.221 acre tract, a distance of 1570.06 feet to
  found two and one half inch iron pipe;
  21.  THENCE, North 85 degrees 03 minutes 56 seconds East continuing
  along said south line of said 473.221 acre tract, a distance of
  1730.86 feet to a found five eighths inch iron rod in northwesterly
  right-of-way line of the Coastal Industrial Water Authority Canal;
  THENCE along and with said Coastal Industrial Water Authority Canal
  right-of-way, the following six (6) courses:
         1)  THENCE, along a curve to the right 232.37 feet along,
  said curve having a radius of 727.99 feet said curve having a chord
  direction of South 33 degrees 18 minutes 41 seconds West and a chord
  length of 231.39 feet;
         2)  THENCE, South 43 degrees 33 minutes 12 seconds West a
  distance of 879.97 feet to a found five eighths inch iron rod;
         3)  THENCE, South 43 degrees 21 minutes 29 seconds West a
  distance of 717.51 feet to a found five eighths inch iron rod;
         4)  THENCE, South 42 degrees 46 minutes 40 seconds West a
  distance of 6748.15 feet to a found five eighths inch iron rod;
         5)  THENCE, South 68 degrees 32 minutes 55 seconds West a
  distance of 388.20 feet to a found five eighths inch iron rod;
         6)  THENCE, South 01 degrees 29 minutes 02 seconds East a
  distance of 117.76 feet to the centerline of Old River;
  THENCE along and with said centerline of Old River, same being said
  Wiseman Survey westerly line and said Welch Survey easterly line,
  the following sixty-five (65) courses:
         1)  THENCE, South 58 degrees 09 minutes 08 seconds West a
  distance of 15.75 feet to an angle point;
         2)  THENCE, North 64 degrees 44 minutes 18 seconds West a
  distance of 91.26 feet to an angle point;
         3)  THENCE, North 32 degrees 00 minutes 26 seconds West a
  distance of 136.24 feet to an angle point;
         4)  THENCE, South 66 degrees 19 minutes 52 seconds West a
  distance of 64.65 feet to an angle point;
         5)  THENCE, North 43 degrees 26 minutes 23 seconds West a
  distance of 46.30 feet to an angle point;
         6)  THENCE, North 29 degrees 49 minutes 53 seconds West a
  distance of 59.08 feet to an angle point;
         7)  THENCE, North 06 degrees 18 minutes 15 seconds East a
  distance of 37.01 feet to an angle point;
         8)  THENCE, North 23 degrees 39 minutes 11 seconds East a
  distance of 52.62 feet to an angle point;
         9)  THENCE, North 31 degrees 33 minutes 27 seconds East a
  distance of 77.59 feet to an angle point;
         10)  THENCE, North 13 degrees 09 minutes 50 seconds East a
  distance of 87.73 feet to an angle point;
         11)  THENCE, North 20 degrees 07 minutes 22 seconds West a
  distance of 11.17 feet to an angle point;
         12)  THENCE, North 59 degrees 01 minutes 35 seconds West a
  distance of 62.45 feet to an angle point;
         13)  THENCE, North 46 degrees 03 minutes 11 seconds West a
  distance of 30.31 feet to an angle point;
         14)  THENCE, North 14 degrees 26 minutes 18 seconds East a
  distance of 104.09 feet to an angle point;
         15)  THENCE, North 27 degrees 55 minutes 38 seconds West a
  distance of 38.19 feet to an angle point;
         16)  THENCE, North 36 degrees 17 minutes 37 seconds West a
  distance of 60.70 feet to an angle point;
         17)  THENCE, North 35 degrees 26 minutes 18 seconds East a
  distance of 23.80 feet to an angle point;
         18)  THENCE, North 69 degrees 01 minutes 02 seconds East a
  distance of 165.04 feet to an angle point;
         19)  THENCE, North 43 degrees 19 minutes 31 seconds East a
  distance of 21.99 feet to an angle point;
         20)  THENCE, North 16 degrees 10 minutes 24 seconds East a
  distance of 46.70 feet to an angle point;
         21)  THENCE, North 17 degrees 01 minutes 36 seconds West a
  distance of 86.60 feet to an angle point;
         22)  THENCE, North 08 degrees 32 minutes 02 seconds West a
  distance of 87.59 feet to an angle point;
         23)  THENCE, North 10 degrees 49 minutes 06 seconds East a
  distance of 19.61 feet to an angle point;
         24)  THENCE, North 69 degrees 03 minutes 33 seconds East a
  distance of 16.49 feet to an angle point;
         25)  THENCE, South 63 degrees 21 minutes 41 seconds East a
  distance of 123.98 feet to an angle point;
         26)  THENCE, North 84 degrees 00 minutes 08 seconds East a
  distance of 46.55 feet to an angle point;
         27)  THENCE, North 25 degrees 09 minutes 01 seconds East a
  distance of 20.14 feet to an angle point;
         28)  THENCE, North 15 degrees 23 minutes 39 seconds East a
  distance of 22.11 feet to an angle point;
         29)  THENCE, North 66 degrees 13 minutes 45 seconds East a
  distance of 41.01 feet to an angle point;
         30)  THENCE, North 84 degrees 10 minutes 10 seconds East a
  distance of 43.69 feet to an angle point;
         31)  THENCE, South 68 degrees 10 minutes 57 seconds East a
  distance of 121.53 feet to an angle point;
         32)  THENCE, North 84 degrees 58 minutes 51 seconds East a
  distance of 22.29 feet to an angle point;
         33)  THENCE, North 63 degrees 25 minutes 30 seconds East a
  distance of 23.15 feet to an angle point;
         34)  THENCE, North 07 degrees 58 minutes 23 seconds East a
  distance of 38.31 feet to an angle point;
         35)  THENCE, North 02 degrees 03 minutes 41 seconds East a
  distance of 53.18 feet to an angle point;
         36)  THENCE, North 32 degrees 30 minutes 05 seconds East a
  distance of 130.71 feet to an angle point;
         37)  THENCE, North 47 degrees 36 minutes 35 seconds East a
  distance of 110.53 feet to an angle point;
         38)  THENCE, North 04 degrees 43 minutes 59 seconds West a
  distance of 30.78 feet to an angle point;
         39)  THENCE, North 33 degrees 31 minutes 55 seconds West a
  distance of 26.08 feet to an angle point;
         40)  THENCE, North 39 degrees 08 minutes 01 seconds West a
  distance of 66.79 feet to an angle point;
         41)  THENCE, North 22 degrees 19 minutes 44 seconds East a
  distance of 38.56 feet to an angle point;
         42)  THENCE, North 54 degrees 43 minutes 58 seconds East a
  distance of 38.32 feet to an angle point;
         43)  THENCE, South 65 degrees 09 minutes 17 seconds East a
  distance of 103.31 feet to an angle point;
         44)  THENCE, North 28 degrees 04 minutes 20 seconds East a
  distance of 37.48 feet to an angle point;
         45)  THENCE, North 08 degrees 48 minutes 54 seconds East a
  distance of 114.60 feet to an angle point;
         46)  THENCE, North 21 degrees 43 minutes 04 seconds East a
  distance of 107.20 feet to an angle point;
         47)  THENCE, North 55 degrees 52 minutes 47 seconds West a
  distance of 19.09 feet to an angle point;
         48)  THENCE, North 80 degrees 47 minutes 51 seconds West a
  distance of 84.42 feet to an angle point;
         49)  THENCE, South 70 degrees 45 minutes 49 seconds West a
  distance of 98.65 feet to an angle point;
         50)  THENCE, North 08 degrees 27 minutes 34 seconds West a
  distance of 74.91 feet to an angle point;
         51)  THENCE, North 42 degrees 34 minutes 37 seconds West a
  distance of 55.08 feet to an angle point;
         52)  THENCE, North 03 degrees 20 minutes 32 seconds West a
  distance of 134.32 feet to an angle point;
         53)  THENCE, North 10 degrees 41 minutes 17 seconds West a
  distance of 227.57 feet to an angle point;
         54)  THENCE, North 60 degrees 20 minutes 56 seconds East a
  distance of 77.08 feet to an angle point;
         55)  THENCE, North 44 degrees 11 minutes 48 seconds East a
  distance of 40.40 feet to an angle point;
         56)  THENCE, North 26 degrees 03 minutes 04 seconds West a
  distance of 73.67 feet to an angle point;
         57)  THENCE, North 24 degrees 08 minutes 47 seconds East a
  distance of 73.80 feet to an angle point;
         58)  THENCE, North 36 degrees 57 minutes 07 seconds East a
  distance of 178.12 feet to an angle point;
         59)  THENCE, North 16 degrees 05 minutes 57 seconds West a
  distance of 84.97 feet to an angle point;
         60)  THENCE, North 01 degrees 11 minutes 32 seconds East a
  distance of 125.69 feet to an angle point;
         61)  THENCE, North 83 degrees 06 minutes 00 seconds East a
  distance of 28.45 feet to an angle point;
         62)  THENCE, North 04 degrees 15 minutes 12 seconds West a
  distance of 338.20 feet to an angle point;
         63)  THENCE, North 16 degrees 11 minutes 51 seconds West a
  distance of 34.92 feet to an angle point;
         64)  THENCE, North 73 degrees 51 minutes 47 seconds West a
  distance of 50.61 feet to an angle point;
         65)  THENCE, South 87 degrees 32 minutes 41 seconds West a
  distance of 68.54 feet to the most southerly corner of that certain
  called 22.50 acre tract described in Volume 1619, page 569 of the
  DRLC;
  22.  THENCE, North 57 degrees 02 minutes 30 seconds East along and
  with the southeast line of said 22.50 acre tract, same being the
  northwest line of said 77.50 acre tract, a distance of 2451.67 feet
  to east corner of said 22.50 acre tract;
  23.  THENCE, North 32 degrees 57 minutes 30 seconds West along and
  with said 22.50 acre tract, a distance of 419.64 feet to a found
  five eighths inch iron rod marking the north corner of said 22.50
  tract;
  24.  THENCE, South 57 degrees 03 minutes 57 seconds West a distance
  of 5846.98 feet to a found five eighths inch iron rod with cap 'BHA
  INC' the southeast corner of a called 68.1917 acre tract recorded at
  LCCFN 2012016189;
  25.  THENCE, North 07 degrees 59 minutes 42 seconds West along the
  east line of said called 68.1917 acre tract, a distance of 2943.33
  feet to the most northerly corner of said called 68.1917 acre tract;
  26.  THENCE, South 19 degrees 28 minutes 28 seconds West along the
  westerly line of said called 68.1917 acre tract, 4375.56 feet to a
  found five eighths inch iron rod with cap 'BHA INC' the original
  southerly line of said called 7449.781 acre tract;
  27.  THENCE, South 57 degrees 03 minutes 46 seconds West along said
  original southerly line of said called 7449.781 acre tract a
  distance of 751.74 feet to a found five eighths inch iron rod with
  cap 'BHA INC' the southeast corner of a called 326.1099 acre tract
  recorded at LCCFN 2012016189;
  28.  THENCE, North 19 degrees 32 minutes 27 seconds East along the
  easterly line of said called 326.1099 acre tract, a distance of
  5769.72 feet to a found five eighths inch iron rod with cap 'BHA INC'
  the most northeasterly corner of said called 326.1099 acre tract;
  29.  THENCE, South 56 degrees 18 minutes 04 seconds West along the
  northerly line of said called 326.1099 acre tract, a distance of
  620.59 feet to a found five eighths inch iron rod with cap 'BHA INC';
  30.  THENCE, South 57 degrees 47 minutes 30 seconds West continuing
  along the northerly line of said called 326.1099 acre tract, a
  distance of 877.17 feet to a found five eighths inch iron rod with
  cap 'BHA INC';
  31.  THENCE, South 58 degrees 39 minutes 47 seconds West continuing
  along the northerly line of said called 326.1099 acre tract, a
  distance of 161.98 feet to a found five eighths inch iron rod with
  cap 'BHA INC';
  32.  THENCE, South 68 degrees 31 minutes 35 seconds West continuing
  along the northerly line of said called 326.1099 acre tract, a
  distance of 151.08 feet to a found five eighths inch iron rod with
  cap 'BHA INC';
  33.  THENCE, South 59 degrees 23 minutes 14 seconds West continuing
  along the northerly line of said called 326.1099 acre tract, a
  distance of 156.34 feet to a found five eighths inch iron rod with
  cap 'BHA INC';
  34.  THENCE, South 56 degrees 31 minutes 46 seconds West continuing
  along the northerly line of said called 326.1099 acre tract, a
  distance of 661.76 feet to a found five eighths inch iron rod with
  cap 'BHA INC';
  35.  THENCE, South 57 degrees 20 minutes 26 seconds West continuing
  along the northerly line of said called 326.1099 acre tract, a
  distance of 811.33 feet to a found five eighths inch iron rod with
  cap 'BHA INC';
  36.  THENCE, South 57 degrees 06 minutes 17 seconds West continuing
  along the northerly line of said called 326.1099 acre tract, a
  distance of 1865.29 feet to a found five eighths inch iron rod with
  cap 'BHA INC' the most westerly northwest corner of said called
  326.1099 acre tract;
  37.  THENCE, South 56 degrees 57 minutes 24 seconds West a distance
  of 1137.99 feet a found one half inch iron rod for the most westerly
  northwest corner of said called 326.1099 acre tract;
  38.  THENCE, South 33 degrees 26 minutes 26 seconds East a distance
  of 448.39 feet to a found five eighths inch iron rod with cap 'BHA
  INC';
  39.  THENCE, South 56 degrees 53 minutes 12 seconds West a distance
  of 1150.30 feet to a found five eighths inch iron rod with cap 'BHA
  INC' in east right-of-way line of State Highway Number 146;
  THENCE, along and with said east right-of-way line of State Highway
  Number 146, the following nine (9) courses:
         1)  THENCE, North 11 degrees 11 minutes 04 seconds West a
  distance of 10062.63 feet to a TXDoT type ll monument for the point
  of curvature of a curve to the right;
         2)  THENCE, an arc distance of 1298.55 feet along a curve to
  the right, said curve having a radius of 22803.27 feet and a chord
  direction and distance of North 09 degrees 32 minutes 08 seconds
  West 1298.37 feet to a TXDoT type ll monument (disturbed);
         3)  THENCE, North 07 degrees 55 minutes 26 seconds West a
  distance of 2291.62 feet to a TXDoT type ll monument for the point
  of curvature of a curve to the left;
         4)  THENCE, an arc distance of along a curve to the left
  537.71 feet along a curve to the left, said curve having a radius of
  10845.00 feet said and a chord direction and distance of North 09
  degrees 30 minutes 54 seconds West 537.66 feet;
         5)  THENCE, North 08 degrees 17 minutes 04 seconds West a
  distance of 284.82 feet to a TXDoT type ll monument for the point of
  curvature of a curve to the left;
         6)  THENCE, an arc distance of along a curve to the left
  119.30 feet along a curve to the left, said curve having a radius of
  4399.00 feet said and a chord direction and distance of North 09
  degrees 56 minutes 28 seconds West and a chord length of 119.29 feet
  to a TXDoT type ll monument;
         7)  THENCE, North 10 degrees 04 minutes 16 seconds West a
  distance of 376.86 feet to an angle point to a TXDoT type ll
  monument;
         8)  THENCE, South 82 degrees 05 minutes 03 seconds West a
  distance of 18.68 feet to an angle point;
         9)  THENCE, North 07 degrees 54 minutes 46 seconds West, a
  distance of 5746.34 feet to a set five eighths inch iron rod with
  cap stamped "CCI", being the beginning of a curve to the right;
         10)  THENCE, an arc distance of 361.93 feet along said curve
  to the right, said curve having a radius of 7630.00 feet and a chord
  direction and distance of North 06 degrees 33 minutes 13 seconds
  West 361.90 feet, to the POINT OF BEGINNING;
  Bearings shown hereon are based on the Texas State Plane Coordinate
  System, South Central Zone 4204, NAD 83.
         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, 2017.