88R16763 SCP-F
 
  By: Metcalf H.B. No. 5354
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Firefly Municipal Utility District
  No. 1; granting a limited power of eminent domain; providing
  authority to issue bonds; providing authority to impose
  assessments, fees, and taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 7985A to read as follows:
  CHAPTER 7985A. FIREFLY MUNICIPAL UTILITY DISTRICT NO. 1
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 7985A.0101.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "Director" means a board member.
               (4)  "District" means the Firefly Municipal Utility
  District No. 1.
         Sec. 7985A.0102.  NATURE OF DISTRICT. The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7985A.0103.  CONFIRMATION AND DIRECTOR ELECTION
  REQUIRED. The temporary directors shall hold an election to
  confirm the creation of the district and to elect five permanent
  directors as provided by Section 49.102, Water Code.
         Sec. 7985A.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  7985A.0103 until each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located has
  consented by ordinance or resolution to the creation of the
  district and to the inclusion of land in the district as required by
  applicable law.
         Sec. 7985A.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
  (a) The district is created to serve a public purpose and benefit.
         (b)  The district is created to accomplish the purposes of:
               (1)  a municipal utility district as provided by
  general law and Section 59, Article XVI, Texas Constitution; and
               (2)  Section 52, Article III, Texas Constitution, that
  relate to the construction, acquisition, improvement, operation,
  or maintenance of macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 7985A.0106.  INITIAL DISTRICT TERRITORY. (a) The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting this chapter form a closure. A mistake made in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for the purposes
  for which the district is created or to pay the principal of and
  interest on a bond;
               (3)  right to impose a tax; or
               (4)  legality or operation.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 7985A.0201.  GOVERNING BODY; TERMS. (a) The district
  is governed by a board of five elected directors.
         (b)  Except as provided by Section 7985A.0202, directors
  serve staggered four-year terms.
         Sec. 7985A.0202.  TEMPORARY DIRECTORS. (a) The temporary
  board consists of:
               (1)  Mike Terechenok;
               (2)  Bryan D. Kinsler;
               (3)  Donnie Reed;
               (4)  Walker French; and
               (5)  Mark C. Hodges.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 7985A.0103; or
               (2)  the fourth anniversary of the effective date of
  the Act enacting this chapter.
         (c)  If permanent directors have not been elected under
  Section 7985A.0103 and the terms of the temporary directors have
  expired, successor temporary directors shall be appointed or
  reappointed as provided by Subsection (d) to serve terms that
  expire on the earlier of:
               (1)  the date permanent directors are elected under
  Section 7985A.0103; or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (d)  If Subsection (c) applies, the owner or owners of a
  majority of the assessed value of the real property in the district
  may submit a petition to the commission requesting that the
  commission appoint as successor temporary directors the five
  persons named in the petition. The commission shall appoint as
  successor temporary directors the five persons named in the
  petition.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 7985A.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7985A.0302.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES. The district has the powers and duties provided by the
  general law of this state, including Chapters 49 and 54, Water Code,
  applicable to municipal utility districts created under Section 59,
  Article XVI, Texas Constitution.
         Sec. 7985A.0303.  AUTHORITY FOR ROAD PROJECTS. Under
  Section 52, Article III, Texas Constitution, the district may
  design, acquire, construct, finance, issue bonds for, improve,
  operate, maintain, and convey to this state, a county, or a
  municipality for operation and maintenance macadamized, graveled,
  or paved roads, or improvements, including storm drainage, in aid
  of those roads.
         Sec. 7985A.0304.  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. 7985A.0305.  COMPLIANCE WITH MUNICIPAL CONSENT
  ORDINANCE OR RESOLUTION. The district shall comply with all
  applicable requirements of any ordinance or resolution that is
  adopted under Section 54.016 or 54.0165, Water Code, and that
  consents to the creation of the district or to the inclusion of land
  in the district.
         Sec. 7985A.0306.  DIVISION OF DISTRICT. (a) The board, on
  its own motion or on receipt of a petition signed by the owner or
  owners of a majority of the assessed value of the real property in
  the district, may adopt an order dividing the district.
         (b)  An order dividing a district may create one or more new
  districts and may provide for the continuation of the district.
         (c)  An order dividing the district shall:
               (1)  name any new district;
               (2)  include the metes and bounds description of the
  territory of each of the districts;
               (3)  appoint temporary directors for any new district;
  and
               (4)  provide for the division of assets and liabilities
  between the districts.
         (d)  The board may adopt an order dividing the district
  before or after the date the board holds an election to confirm the
  district's creation.
         (e)  The district may be divided only if the district:
               (1)  has never issued any bonds; and
               (2)  is not imposing ad valorem taxes.
         (f)   A new district created by the division of the district
  may not, at the time the new district is created, contain any land
  outside the area described by Section 2 of the Act enacting this
  chapter.
         (g)  On or before the 30th day after the date of adoption of
  an order dividing the district, the district shall file the order
  with the commission and record the order in the real property
  records of each county in which the district is located.
         (h)  This chapter applies to any new district created by the
  division of the district, and a new district has all the powers and
  duties of the district.
         (i)  A new district created by the division of the district
  shall hold a confirmation and directors' election.
         (j)  If the creation of the new district is confirmed, the
  new district shall provide the election date and results to the
  commission.
         (k)  A new district created by the division of the district
  must hold an election as required by this chapter to obtain voter
  approval before the district may impose a maintenance tax or issue
  bonds payable wholly or partly from ad valorem taxes.
         (l)  The district may continue to rely on confirmation,
  directors', bond, or tax elections held prior to the division.
         (m)  Municipal consent to the creation of the district and to
  the inclusion of land in the district acts as municipal consent to
  the creation of any new district created by the division of the
  district and to the inclusion of land in the new district.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 7985A.0401.  ELECTIONS REGARDING TAXES OR BONDS. (a)
  The district may issue, without an election, bonds and other
  obligations secured by:
               (1)  revenue other than ad valorem taxes; or
               (2)  contract payments described by Section
  7985A.0403.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 54, Water Code, to obtain voter approval
  before the district may impose an ad valorem tax or issue bonds
  payable from ad valorem taxes.
         (c)  The district may not issue bonds payable from ad valorem
  taxes to finance a road project unless the issuance is approved by a
  vote of a two-thirds majority of the district voters voting at an
  election held for that purpose.
         Sec. 7985A.0402.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held under Section 7985A.0401, the
  district may impose an operation and maintenance tax on taxable
  property in the district in accordance with Section 49.107, Water
  Code.
         (b)  The board shall determine the tax rate. The rate may not
  exceed the rate approved at the election.
         Sec. 7985A.0403.  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.
  SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
         Sec. 7985A.0501.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS. The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, contract payments, grants, or other district money, or any
  combination of those sources, to pay for any authorized district
  purpose.
         Sec. 7985A.0502.  TAXES FOR BONDS. At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of a continuing
  direct ad valorem tax, without limit as to rate or amount, while all
  or part of the bonds are outstanding as required and in the manner
  provided by Sections 54.601 and 54.602, Water Code.
         Sec. 7985A.0503.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of bonds or other obligations
  issued or incurred to finance road projects and payable from ad
  valorem taxes may not exceed one-fourth of the assessed value of the
  real property in the district.
         SECTION 2.  The Firefly Municipal Utility District No. 1
  initially includes all the territory contained in the following
  area:
         A METES & BOUNDS description of a calculated 2,454 acre tract
  of land situated in the Walker County School Land Survey, Abstract
  No. 494, the Michael H. Hinch Survey, Abstract No. 253, and the
  Presley Gill Survey, Abstract No. 230, in Montgomery County, Texas,
  being all of a calculated 2,540 acre tract (Tract 1), being a
  portion of a called 3,045.032 acre tract conveyed to East
  Montgomery Acquisition Company LLC, a Texas limited liability
  company, by deed recorded in Clerk's File No. 2021177868,
  Montgomery County Official Public Records, being all of a called
  5.00 acre tract conveyed to East Montgomery Acquisition Company
  LLC, a Texas limited liability company, by deed recorded in Clerk's
  File No. 2021177867, Montgomery County Official Public Records,
  and being all of a called 4.709 acre tract conveyed to East
  Montgomery Acquisition Company LLC, a Texas limited liability
  company, by deed recorded in Clerk's File No. 2023003933,
  Montgomery County Official Public Records, save and except a
  calculated 20.720 acre tract (Tract 2), being all of called Tract
  Nos. Thirty-Five (35) and Forty-Three (43), of Section 4 of
  Security Subdivision according to the plat thereof recorded in
  Volume 1, Page 23, Montgomery County Deed Records, conveyed to John
  Schneider by deed recorded in Volume 85, Page 230, Montgomery
  County Deed Records, and being all of called Tract Nos. Fifty-One
  (51) and Fifty-Nine (59), of Section 4 of Security Subdivision
  according to the plat thereof recorded in Volume 1, Page 23,
  Montgomery County Deed Records, conveyed to Rita S. Wolven and
  Margy A. Long by deed recorded in Clerk's File No. 9534020,
  Montgomery County Official Public Records of Real Property, save
  and except a calculated 10.087 acre tract (Tract 3), being all of
  called Tract Nos. Seventy (70) and Seventy-Eight (78), of Section 4
  of Security Subdivision according to the plat thereof recorded in
  Volume 1, Page 23, Montgomery County Deed Records, conveyed to
  Eleanore Triplett by deed recorded in Clerk's File No. 7930998,
  Montgomery County Deed Records, save and except a calculated 20.02
  acre tract (Tract 4), being all of a called 10.0 acre tract conveyed
  to Splendora Independent School District by deed recorded in
  Clerk's File No. 2013090370, Montgomery County Official Public
  Records, and being all of called 10.0 acre tract conveyed to Jack W.
  Mayo, Jr. by deed recorded in Clerk's File No. 7829854, Montgomery
  County Official Public Records of Real Property, save and except a
  calculated 10.000 acre tract (Tract 5), being all of called Tract
  Numbers (114) and (122), of Section 4 of Security Subdivision
  according to the plat thereof recorded in Volume 1, Page 23,
  Montgomery County Deed Records, conveyed to Dana Lynn Sprayberry by
  deed recorded in Clerk's File No. 2000-072045, Montgomery County
  Official Public Records of Real Property, save and except a
  calculated 10.00 acre tract (Tract 6), being all of called Tract
  Twenty-Two (22), of Section 5 of Security Subdivision according to
  the plat thereof recorded in Volume 1, Page 23, Montgomery County
  Deed Records, conveyed to John F. Darst by deed recorded in Clerk's
  File No. 2014005435, Montgomery County Official Public Records,
  save and except a calculated 10.05 acre tract (Tract 7), being all
  of called Lots One (1) and Two (2), of Section 6 of Security
  Subdivision according to the plat thereof recorded in Volume 1,
  Page 23, Montgomery County Deed Records, conveyed to Milton Howard
  Sands, Jr. by deed recorded in Clerk's File No. 8842100, Montgomery
  County Official Public Records of Real Property, and save and
  except a calculated 5.009 acre tract (Tract 8), being all of a
  called 5.000 acre tract conveyed to Bill Ellison by deed recorded in
  Clerk's File No. 2018004658, Montgomery County Official Public
  Records; said calculated 2,454 acre tract of land being more
  particularly described in eight parts as follows:
         TRACT 1:
         A METES & BOUNDS description of a certain 2,540 acre
  (110,650,140 square feet) tract of land situated in the Walker
  County School Land Survey, Abstract No. 494, the Michael H. Hinch
  Survey, Abstract No. 253, and the Presley Gill Survey, Abstract
  No. 230, in Montgomery County, Texas, being a portion of a called
  3,045.032 acre tract conveyed to East Montgomery Acquisition
  Company LLC, a Texas limited liability company, by deed recorded in
  Clerk's File No. 2021177868, Montgomery County Official Public
  Records, being all of a called 5.00 acre tract conveyed to East
  Montgomery Acquisition Company LLC, a Texas limited liability
  company, by deed recorded in Clerk's File No. 2021177867,
  Montgomery County Official Public Records, and being all of a
  called 4.709 acre tract conveyed to East Montgomery Acquisition
  Company LLC, a Texas limited liability company, by deed recorded in
  Clerk's File No. 2023003933, Montgomery County Official Public
  Records; said 2,540 acre (110,650,140 square feet) tract of land
  being more particularly described as follows with all bearings
  being based on said deed recorded in Clerk's File No. 2021177868,
  Montgomery County Official Public Records:
         BEGINNING at the southeast corner of that certain tract
  described in instrument to Shirley Gay, recorded under Clerk's File
  Number 8121692, Real Property Records of Montgomery County, Texas
  (R.P.R.M.C.T.);
         THENCE South 03°11'09" East, 959.24 feet, with the apparent
  common line between said Hinch Survey and the Presley Gill Survey,
  Abstract Number 230, the westerly line of that certain called 20.00
  acre tract described in instrument to Henry A. Butcher, recorded
  under Clerk's File Number 2003068544, Official Public Records of
  Montgomery County, Texas (O.P.R.M.C.T.) and the remainder of that
  certain called 20.00 acre tract described in instrument to George
  Anthony Cleary, recorded under Clerk's File No. 2010043083,
  O.P.R.M.C.T., common to an easterly line of that certain 2,396.371
  acre tract described as "Parcel 2, Tract 2" in instrument to
  Atakapa, LLC., recorded under Clerk's File Number 2013016070
  (O.P.R.M.C.T.), to a point for the common westerly corner of that
  certain called 1711.54 acre tract described as "Tract 1" in
  instrument to Atakapa, LLC., recorded under Clerk's File Number
  2013016070 (O.P.R.M.C.T.) and the remainder of said Cleary 20.00
  acre tract, being an interior corner of said 3045.032 acre tract;
         THENCE North 86°40'19" East, with the common line between said
  Tract 1 and the remainder of said Cleary 20.00 acre tract, 1321.82
  feet, to a point in the approximate centerline of Daw Collins Road
  for the northerly northeast corner of said Tract 1, being a
  northeasterly corner of said 3045.032 acre tract;
         THENCE South 20°15'23" West, 6489.04 feet, with the
  approximate centerline of said Daw Collins Road, a southeasterly
  line of said Tract 1, to a point in the approximate centerline of
  said Daw Collins Road for a southeasterly corner of said Tract 1 and
  said 3045.032 acre tract;
         THENCE with the common line between said Parcel 2, Tract 2,
  that certain called 2.3540 acre tract described as "Tract 5", that
  certain called 2.3540 acre tract described as "Tract 1", that
  certain called 3.531 acre tract described as "Tract 4", that
  certain called 3.531 acre tract described as "Tract 3", all in
  instrument to Willene Wells, recorded under Clerk's File Number
  2020102236, O.P.R.M.C.T., that certain called 5.37 acre tract
  described in instrument to Tony M. Nelson and Colleen O. Nelson,
  recorded under Clerk's File Number 8616675, R.P.R.M.C.T., that
  certain called 1.6695 acre tract described in instrument to David
  Michael Fortson, recorded under Clerk's File Number 2002-058180,
  O.P.R.M.C.T., that certain called 2 acre tract described in
  instrument to Robert G. Wear, recorded under Clerk's File Number
  2013101034, O.P.R.M.C.T., that certain called 0.771 acre tract
  described in instrument to David Lippoldt and Kanwal Ghaznavi,
  recorded under Clerk's File Number 2021079078, O.P.R.M.C.T., that
  certain called 2 acre tract described in instrument to Kristina Ann
  Wear, recorded under Clerk's File Number 2018085170, O.P.R.M.C.T.,
  that certain called 5.01 acre tract described as "Tract One", that
  certain called 7.39 acre tract described as "Tract Two", both in
  instrument to Stanley Maurice Wiggins, recorded under Clerk's File
  Number 2006-009852, O.P.R.M.C.T., that certain called 5.462 acre
  tract described in instrument to Walter R. Ritchie and Sheri L.
  Ritchie, recorded under Clerk's File Number 99102906,
  R.P.R.M.C.T., that certain called 5.315 acre tract described as
  "Tract One" in instrument to Ronald D. Dacus, Jr., and Stephanie E.
  Dacus, recorded under Clerk's File Number 2014006911,
  O.P.R.M.C.T., that certain called 5.315 acre tract described in
  instrument to Steven Hansen, recorded under Clerk's File Number
  9148377, R.P.R.M.C.T., that certain called 5.315 acre tract
  described in instrument to Steve Hansen and Tracy Hansen, recorded
  under Clerk's File Number 2001-031281, O.P.R.M.C.T., that certain
  called 5.310 acre tract described in instrument to Steven Hansen
  and Becky Hansen, recorded under Clerk's File Number 2016068815,
  O.P.R.M.C.T., that certain called 5.2970 acre tract described in
  instrument to Benjamin E. Pope and Angelina M. Pope, recorded under
  Clerk's File Number 2016092968, O.P.R.M.C.T., that certain called
  3.2957 acre tract described in instrument to Douglas A. Hansen and
  Kimberly S. Hansen, recorded under Clerk's File Number 2008-091402,
  O.P.R.M.C.T., that certain called 11.0415 acre tract described in
  instrument to Douglas Alan Hansen and Kimberly Suzanne Hansen,
  recorded under Clerk's File Number 9657453, R.P.R.M.C.T., that
  certain called 2.008 acre tract described in instrument to Douglas
  A. Hansen and Kimberly S. Hansen, recorded under Clerk's File
  Number 2015035058, O.P.R.M.C.T., that certain called 10.697 acre
  tract described in instrument to Douglas A. Hansen and Kimberly S.
  Hansen, recorded under Clerk's File Number 2016094339,
  O.P.R.M.C.T., that certain called 10.78 acre tract described in
  instrument to Gerald Lloyd Helms and Robin Lynn Helms, recorded
  under Clerk's File Number 2006-009851, O.P.R.M.C.T., that certain
  called 4.7941 acre tract described as "Tract One" in instrument to
  James A. Boucher and Dorothy S. Boucher, recorded under Clerk's
  File Number 2002-126807, O.P.R.M.C.T., that certain called 2.3936
  acre tract described in said instrument to James A. Boucher and
  Dorothy S. Boucher, that certain called 1.0028 acre tract described
  in instrument to James Boucher, recorded under Clerk's File Number
  2019016786, O.P.R.M.C.T., the remainder of that certain called
  4.7941 acre tract described as "Tract One" in instrument to Rodney
  Powdrill and Dina Powdrill, recorded under Clerk's File Number
  2018055271, O.P.R.M.C.T., and that certain called 4.7508 acre tract
  described in instrument to Rodney Wayne Powdrill and Dina Powdrill,
  recorded under Clerk's File Number 2015007986, O.P.R.M.C.T., the
  following seventeen (17) courses and distances:
  1.  North 01°45'36" East, 1181.57 feet, to a point;
  2.  South 86°39'31" West, 859.21 feet, to a point;
  3.  North 11°14'50" West, 752.34 feet, to a point;
  4.  South 87°11'19" West, 670.34 feet, to a point;
  5.  North 11°12'20" West, 1400.01 feet, exiting said Carter Road, to
  a point in the apparent common line between said Hinch Survey and
  said Walker County School Land Survey;
  6.  South 86°28'52" West, 1197.12 feet, with the apparent common
  line between said Hinch Survey and said Walker County School Land
  Survey, to a point;
  7.  South 11°01'57" East, 946.88 feet, to a point;
  8.  South 86°52'25" West 1199.49 feet, to a point;
  9.  South 11°13'53" East, 1467.15 feet, to a point;
  10.  North 87'00'43" East, 1203.44 feet, to a point;
  11.  North 11°22'57" West, 466.67 feet, to a point;
  12.  North 86'56'12" East, 890.38 feet, to a point;
  13.  South 10°59'48" East, 561.21 feet, to a point;
  14.  South 10°39'32" East, 251.55 feet, to a point;
  15.  South 66°20'03" East, 632.93 feet, to a point;
  16.  South 02°06'01" West, 1251.39 feet, to a point;
  17.  North 86°47'51" East, 908.92 feet, to a point in the
  approximate centerline of said Daw Collins Road for a northeasterly
  corner of said Atakapa Tract 1 and said 3045.032 acre tract;
         THENCE South 13"58'35" West, 536.27 feet, with the
  approximate centerline of said Daw Collins Road, an easterly line
  of said Atakapa Tract 1, to a point;
         THENCE South 15°06'43" West, 693.00 feet, continuing with the
  approximate centerline of said Daw Collins Road, an easterly line
  of said Atakapa Tract 1, to a point at the intersection of the
  approximate centerline of said Daw Collins Road with the
  approximate centerline of farm to Market Road 2090 (F.M. 2090, 100
  feet wide), in the arc of a curve to the left, for a southeasterly
  corner of said Atakapa Tract 1 and said 3045.032 acre tract;
         THENCE in a southwesterly direction, with the approximate
  centerline of said F.M. 2090, a southeasterly line of said Atakapa
  Tract 1, the following two (2) courses and distances:
  1.  Westerly, 562.92 feet with the arc of said curve to the left
  having a radius of 1432.39 feet, a central angle of 22°31'00", a
  chord that bears South 89°14'24" West, 559.30 feet, to a point for
  the end of said curve;
  2.  South 77°58'54" West, 963.96 feet, to a point for the beginning
  of a curve to the left;
         THENCE, North 36°07'25" West, 878.19 feet to a point;
         THENCE, North 36°11'26" West, 20.26 feet to a point;
         THENCE, North 38°07'57" West, 159.93 feet to a point, on the
  west line of that certain called 32.00 acre tract described in
  instrument to American Tower Asset Sub, LLC., recorded under
  Clerk's File Number 2008-003741, O.P.R.M.C.T.;
         THENCE, North 47°18'57" East, 733.05 feet to a point, being
  the northeast corner of said 32.00 acre tract;
         THENCE, North 73°38'16" West, 1,336.65 feet to a point, on the
  north line of said 32.00 acre tract;
         THENCE, over and across said 3045.032 acre tract, the
  following sixteen (16) courses and distances:
  1.  North 42°36'59" West, 197.51 feet to a point;
  2.  North 44°41'10" West, 259.36 feet to a point;
  3.  North 45°36'53" West, 1,532.11 feet to a point;
  4.  North 46°33'40" West, 264.22 feet to a point;
  5.  North 48°38'50" West, 317.88 feet to a point;
  6.  North 49°47'12" West, 2,882.54 feet to a point;
  7.  North 50°31'19" West, 205.25 feet to a point;
  8.  North 52°04'32" West, 228.25 feet to a point;
  9.  North 52°53'37" West, 1,141.02 feet to a point;
  10.  North 53°57'01" West, 294.40 feet to a point;
  11.  North 55°29'27" West, 135.48 feet to a point;
  12.  North 55°58'28" West, 189.03 feet to a point;
  13.  North 57°21'57" West, 388.65 feet to a point;
  14.  North 60°37'56" West, 523.06 feet to a point;
  15.  North 62°52'36" West, 104.39 feet to a point;
  16.  North 63°14'45" West, 1,699.13 feet to a point, on the west
  line of said 3045.032 acre tract and on the east line of that
  certain 5 acre tract described in instrument to Robert John Rillie
  and Jerry Lee Rillie, recorded under Clerk's File Number 87989,
  Deed Records of Montgomery County, Texas (D.R.M.C.T.);
         THENCE North 03°23'31" West, with the easterly line of that
  certain 421.116 acre tract described in instrument to 3M Land
  Partners, LTD., recorded under Clerk's File Number 2020120633,
  O.P.R.M.C.T., and said Rillie 5 acre tract, 2,600.76 feet, to a
  point in the southerly line of that certain called 5.00 acre tract
  described in instrument to Brian Ballard and Sinthia Koepke,
  recorded under Clerk's File Number 2004-037959, O.P.R.M.C.T., for
  the common northerly corner of said Parcel 2, Tract 2 and said
  421.116 acre tract, being a northwesterly corner of said 3045.032
  acre tract;
         THENCE North 86°24'37" East, 22.81 feet, with the common line
  between said Parcel 2, Tract 2 and said Ballard 5.00 acre tract, to
  a point for a common corner of the same, being an interior corner of
  said 3045.032 acre tract;
         THENCE North 03°24'52" West, 330.06 feet, continuing with
  said common line, to a point for the common northerly corner of said
  Parcel 2, Tract 2 and said Ballard 5.00 acre tract, being an
  interior corner of said 3045.032 acre tract;
         THENCE South 86°24'28" West, 660.00 feet, to a point in the
  easterly line of that certain called 7.250 acre tract described in
  instrument to Mellisa F. Crawford recorded under Clerk's File
  Number 2020126272, O.P.R.M.C.T., for the westerly corner of said
  Ballard 5.00 acre tract, being a southwesterly corner of said
  3045.032 acre tract;
         THENCE North 03°24'52" West, with the easterly line of said
  7.250 acre tract, the remainder of that certain 14.600 acre tract
  described in instrument to Rajendra Ramoutarsingh, recorded under
  Clerk's File Number 2007-068424, O.P.R.M.C.T., common to a westerly
  line of said Tract 18, 329.97 feet, to a point for a corner of said
  Ramoutarsingh tract, being an interior corner of said 3045.032 acre
  tract;
         THENCE South 86°24'37" West, 749.18 feet, to a point in the
  common line between said Hinch Survey, and the H.S. Williamson
  Survey, Abstract Number 635, the easterly line of that certain
  called 275.861 acre tract described in instrument to Miguel Prado
  and Danielle P. Prado, recorded under Clerk's File Number
  2009-014225, O.P.R.M.C.T., for the westerly corner of said
  Ramoutarsingh tract, being a southwesterly corner of said 3045.032
  acre tract;
         THENCE North 03°23'25" West, 990.20 feet, with the apparent
  common line between said Hinch Survey and said Williamson Survey,
  the east line of said 275.861 acre tract, to a point for the corner
  of the Oaks Subdivision, an unrecorded subdivision, for a
  northwesterly corner of said 3045.032 acre tract;
         THENCE North 86°29'56" East, 3601.32 feet, with the southerly
  line of said Oaks Subdivision and that certain called 1.128 acre
  tract described in instrument to Donald Baker, recorded under
  Clerk's File Number 9460482, R.P.R.M.C.T., common to a northerly
  line of said Parcel 2, Tract 2, to a point for the common corner of
  said Parcel 2, Tract 2, said 1.128 acre tract, and that certain
  called 337.328 acre tract described in instrument to MWM Ventures,
  LTD, recorded under Clerk's File Number 2020096337, O.P.R.M.C.T.,
  being an angle point in the northerly line of said 3045.032 acre
  tract;
         THENCE North 86°30'58" East, 3093.08 feet, with the common
  line between said Parcel 2, Tract 2, and said 337.328 acre tract, to
  a point for the common corner of said Parcel 2, Tract 2, said
  337.328 acre tract, and that certain called 810.277 (NET) acre
  tract, described in instrument to Splendora Acquisitions, LTD.,
  recorded under Clerk's File Number 2021066058, O.P.R.M.C.T., being
  an angle point in the northerly line of said 3045.032 acre tract;
         THENCE North 86°30'57" East, 1331.14 feet, with the common
  line between said Parcel 2, Tract 2, and said 810.277 (NET) acre
  tract, to a point for the common corner of said Parcel 2, Tract 2,
  said 810.277 (NET) acre tract, that certain called 5.2 acre tract
  described in instrument to Trudy Ledoux, recorded under Clerk's
  File Number 2015117010, O.P.R.M.C.T., and that certain called 10
  acre tract described in instrument to Stephen P. Graham, recorded
  under Clerk's File Number 2001079573, O.P.R.M.C.T., being a
  northeasterly corner of the herein described 3045.032 acre tract;
         THENCE South 03°36'00" East, 665.18 feet, with the common line
  between said Parcel 2, Tract 2, and said Graham 10 acre tract, to a
  point for a common corner of same, being an interior corner of the
  herein described tract;
         THENCE North 85°58'48" East, 640.76 feet, continuing with
  said common line, to a point for the southerly common easterly
  corner of said Parcel 2, Tract 2, and said 10 acre tract, being an
  interior corner of the herein described tract;
         THENCE, North 03°30'51" West, 681.45 feet, to a point for the
  common corner of said Parcel 2, Tract 2, said 10 acre tract, and
  said 5.2 acre tract, being an angle point in a westerly line of the
  herein described tract;
         THENCE, North 03°20'27" West, 996.35 feet, with the easterly
  line of said 5.2 acre tract, that certain called 10 acre tract
  described in instrument to Stephen P. Graham, recorded under
  Clerk's File Number 2001079574, O.P.R.M.C.T., common to a westerly
  line of said Parcel 2, Tract 2, to a point in the southerly line of
  said 810.277 (NET) acre tract, for the common northerly corner of
  said Parcel 2, Tract 2, and said mentioned Graham 10 acre tract,
  being a northwesterly corner of the herein described tract;
         THENCE, North 86°56'40" East, 3,307.47 feet, with the
  northerly line of said Parcel 2, Tract 2, common to a southerly line
  of said 810.277 (NET) acre tract, to a point for a common corner of
  said Parcel 2, Tract 2, said 810.277 (NET) acre tract, and that
  certain tract described in instrument to James Metts and Angela
  Metts, recorded under Clerk's File Number 2017073037,
  O.P.R.M.C.T., being an angle point in a northerly line of the herein
  described tract;
         THENCE, North 86°56'40" East, 660.08 feet, with the common
  line between said Parcel 2, Tract, and said Metts tract, to a point
  for a common corner of said Parcel 2, Tract 2, said Metts tract and
  said 810.277 (NET) acre tract, being an angle point of the herein
  described tract;
         THENCE, North 86°56'40" East, 1,321.06 feet, with the common
  line between said Parcel 2, Tract 2 and said 810.277 (NET) acre
  tract to a point;
         THENCE South 03°07'29" East, 1057.31 feet, with the apparent
  common line between said Hinch Survey and said Gill Survey, the
  westerly line of said 24.4867 acre tract and that certain called
  18.4867 acre tract described in instrument to Kelly Keith Jordan,
  recorded under Clerk's File Number 9723749, Real Property Records
  of Montgomery County, Texas (R.P.R.M.C.T.), common to an easterly
  line of said Parcel 2, Tract 2, to a point for the common westerly
  corner of that certain called 2.4723 acre tract described as "Tract
  5" in instrument to Atakapa, LLC., recorded under Clerk's File
  Number 2013016070, O.P.R.M.C.T., and said 18.4867 acre tract, being
  an interior corner of said 3045.032 acre tract;
         THENCE South 03°15'20" East, 60.15 feet to a point in the
  apparent common line between said Hinch Survey and said Gill
  survey, an easterly line of said Parcel 2, Tract 2, for the common
  westerly corner of said Tract 5 and the remainder of that certain
  called 37.546 acre tract described in instrument to Elton Kane
  Angers and Angela M. Angers, recorded under Clerk's File Number
  2013084043, O.P.R.M.C.T., being an interior corner of said 3045.032
  acre tract;
         South 03°05'53" East, 908.31 feet, with the apparent common
  line between said Hinch Survey and said Gill Survey, an easterly
  line of said Parcel 2, Tract 2 and that certain tract described as
  "Tract 14" in instrument to Atakapa, LLC., recorded under Clerk's
  File Number 2013016070, O.P.R.M.C.T., common to the westerly line
  of said remainder of 37.546 acre tract and that certain called
  18.500 acre tract described in instrument to James Glenn Richardson
  and Daphne Lynn Richardson, recorded under Clerk's File Number
  2013108135, O.P.R.M.C.T., to a point for the common corner of said
  Tract 14, said 18.500 acre tract, and that certain called 20.1336
  acre tract described in instrument to Reggie Clayton Jackson, Sr.
  and Leslie Louise Jackson, recorded under Clerk's File Number
  2012040560, O.P.R.M.C.T., being an angle point in an easterly line
  of said 3045.032 acre tract;
         THENCE South 03°08'44" East, 491.63 feet, continuing with the
  apparent common line between said Hinch Survey and said Gill
  Survey, the common line between said Tract 14 and said 20.1336 acre
  tract, to a point for the common westerly corner of that certain
  called 20.00 acre tract described as "Tract 9" in instrument to
  Atakapa, LLC., recorded under Clerk's File Number 2013016070,
  O.P.R.M.C.T., and said 20.1663 acre tract, being an interior corner
  of said 3045.032 acre tract;
         THENCE North 86°37'59" East, 1810.75 feet, with the common
  line between said Tract 9 and said 20.1336 acre tract, to a point in
  the westerly margin of said Daw Collins Road for the common easterly
  corner of said Tract 9 and said 20.1336 acre tract, being a
  northeasterly corner of said 3045.032 acre tract;
         THENCE South 03°51'02" East, 480.42 feet, with the westerly
  margin of said Daw Collins Road, the easterly line of said Tract 9,
  to a point for the common easterly corner of said Tract 9 and that
  certain called 20.00 acre tract described in instrument to Campbell
  Ready-Mix, Inc., recorded under Clerk's File Number 9622955,
  R.P.R.M.C.T., being a southeasterly corner of said 3045.032 acre
  tract;
         THENCE South 86°37'59" West, 1816.24 feet, with the common
  line between said Tract 9 and said Campbell Ready-Mix 20.00 acre
  tract, to a point in the apparent common line between said Hinch
  Survey and said Gill Survey, an easterly line of said Parcel 2,
  Tract 2 for the common westerly corner of said Tract 9 and said
  Campbell Ready-Mix 20.00 acre tract, being an interior corner of
  the herein described 3045.032 acre tract;
         THENCE South 03°09'19" East, 956.51 feet, with the apparent
  common line between said Hinch Survey and said Gill Survey, the
  westerly line of said Campbell Ready-Mix 20.00 acre tract and that
  certain called 20.02 acre tract described in instrument to David C.
  Lee and Anne T. LeBlanc, recorded under Clerk's File Number
  2010096690, O.P.R.M.C.T., common to an easterly line of said Parcel
  2, Tract 2 to a point for the common corner of said Parcel 2, Tract
  2, said 20.02 acre tract, the remainder of that certain called
  20.000 acre tract described in instrument to Brian Ballard and
  Sinthia Koepke, recorded under Clerk's File Number 2003149365,
  O.P.R.M.C.T., and that certain tract described in instrument to
  Shirley Gay, recorded under Clerk's File Number 8121692,
  R.P.R.M.C.T., being a southeasterly corner of said 3045.032 acre
  tract;
         THENCE with the common line between said Parcel 2, Tract 2 and
  said Gay tract, South 86°48'24" West, 1318.78 feet, to a point for
  corner;
         THENCE South 03°05'13" East, 662.49 feet, to a point on the
  southwest corner of said Gay tract;
         THENCE North 86°42'16" East, 1,319.85 feet to the POINT OF
  BEGINNING, CONTAINING 2,540 acres (110,650,140 square feet) of land
  in Montgomery County, Texas, filed in the offices of Elevation Land
  Solutions in The Woodlands, Texas.
         TRACT 2:
         A METES & BOUNDS description of a certain 20.720 acre
  (902,563 square feet) tract of land situated in the Michael H. Hinch
  Survey, Abstract No. 253, in Montgomery County, Texas, being all of
  called Tract Nos. Thirty-Five (35) and Forty-Three (43), of Section
  4 of Security Subdivision according to the plat thereof recorded in
  Volume 1, Page 23, Montgomery County Deed Records, conveyed to John
  Schneider by deed recorded in Volume 85, Page 230, Montgomery
  County Deed Records, and being all of called Tract Nos. Fifty-One
  (51) and Fifty-Nine (59), of Section 4 of Security Subdivision
  according to the plat thereof recorded in Volume 1, Page 23,
  Montgomery County Deed Records, conveyed to Rita S. Wolven and
  Margy A. Long by deed recorded in Clerk's File No. 9534020,
  Montgomery County Official Public Records of Real Property; said
  20.720 acre (902,563 square feet) tract of land being more
  particularly described as follows with all bearings being based on
  said deed recorded in Clerk's File No. 2021177868, Montgomery
  County Official Public Records:
         BEGINNING at a point for the easterly common northerly corner
  of said Schneider tract and said Parcel 2, Tract 2, being the
  northeasterly corner of the herein described 20.720 acre tract,
  from which a point for the common corner of said Parcel 2, Tract 2,
  said 810.277 (NET) acre tract, that certain called 10 acre tract
  described in instrument to Stephen P. Graham, recorded under
  Clerk's File Number 2001079573, O.P.R.M.C.T., and that certain
  called 5.2 acre tract described in instrument to Trudy Ledoux,
  recorded under Clerk's File Number 2015117010, O.P.R.M.C.T., bears
  North 60°03'52" East, 2,948.79 feet;
         THENCE South 03°04'04" East, 1,319.97 feet, with a westerly
  line of said Parcel 2, Tract 2, the westerly line of that certain
  called 20.00 acre tract described as "Tract 12" in instrument to
  Atakapa, LLC, recorded under Clerk's File Number 2013016070,
  O.P.R.M.C.T., common to the easterly line of said Schneider tract,
  the continuing with a common line between said Long 10 acre tract
  and said Parcel 2, Tract 2, to a point for the easterly common
  southerly corner of said Long 10 acre tract and said Parcel 2, Tract
  2, being the southeasterly corner of the herein described 20.720
  acre tract;
         THENCE South 85°55'43" West, 683.88 feet, with the common line
  between said Long 10 acre tract and said Parcel 2, Tract 2, to a
  point for a common corner of same, being the southwesterly corner of
  the herein described 20.720 acre tract;
         THENCE North 03°04'04" West, 1,319.97 feet, with the westerly
  line of said Long 10 acre tract and said Schneider tract, common to
  an easterly line of said Parcel 2, Tract 2, to a point for the
  westerly common northerly corner of said Schneider tract and said
  Parcel 2, Tract 2, being the northwesterly corner of the herein
  described 20.720 acre tract;
         THENCE North 85°55'43" East, 683.88 feet, with the common line
  between said Schneider tract and said Parcel 2, Tract 2, to the
  POINT OF BEGINNING, CONTAINING 20.720 acre (902,563 square feet) of
  land in Montgomery County, Texas.
         TRACT 3:
         A METES & BOUNDS description of a certain 10.087 acre
  (439,400 square feet) tract of land situated in the Michael H. Hinch
  Survey, Abstract No. 253, in Montgomery County, Texas, being all of
  called Tract Nos. Seventy (70) and Seventy-Eight (78), of Section 4
  of Security Subdivision according to the plat thereof recorded in
  Volume 1, Page 23, Montgomery County Deed Records, conveyed to
  Eleanore Triplett by deed recorded in Clerk's File No. 7930998,
  Montgomery County Deed Records; said 10.087 acre (439,400 square
  feet) tract of land being more particularly described as follows
  with all bearings being based on said deed recorded in Clerk's File
  No. 2021177868, Montgomery County Official Public Records:
         BEGINNING at a point for the common easterly corner of said
  Tract Nos. Seventy (70) and Seventy-Eight (78) and that certain
  called 5.00 acre tract described in instrument to Atakapa, LLC,
  recorded under Clerk's File Number 2021170759, O.P.R.M.C.T., in a
  westerly line of said Parcel 2, Tract 2, being the northeasterly
  corner of the herein described 10.087 acre tract, from which a point
  for the common corner of said Parcel 2, Tract 2, said 810.277 (NET)
  acre tract, said 5.2 acre tract, and said 10 acre tract to Stephen
  P. Graham bears North 10°59'37" East, 2,719.29 feet;
         THENCE South 02°13'03" East, 666.93 feet, with the easterly
  line of said Tract 55, common to a westerly line of said Parcel 2,
  Tract 2, to a point for the easterly common south corner of said
  Tract 55 and said Parcel 2, Tract 2, being the southeasterly corner
  of the herein described 10.087 acre tract;
         THENCE South 87°23'17" West, 658.82 feet, continuing the
  common line between said Tract 55 and said Parcel 2, Tract 2, to a
  point for the westerly common south corner of same, being the
  southwesterly corner of the herein described 10.087 acre tract;
         THENCE North 02°39'53" West, 661.75 feet, with the common line
  between said Tract 55 and said Parcel 2, Tract 2, to a point for the
  common westerly corner of said Tract 55 and said 5.00 acre tract to
  Atakapa, LLC, being the northwesterly corner of the herein
  described 10.087 acre tract;
         THENCE North 86°56'31" East, 664.04 feet, with the common line
  between said Tract 55 and said 5.00 acre tract to Atakapa, LLC, to
  the POINT OF BEGINNING, CONTAINING 10.087 acre (439,400 square
  feet) of land in Montgomery County, Texas.
         TRACT 4:
         A METES & BOUNDS description of a certain 20.02 acre (872,176
  square feet) tract of land situated in the Michael H. Hinch Survey,
  Abstract No. 253, in Montgomery County, Texas, being all of a
  called 10.0 acre tract conveyed to Splendora Independent School
  District by deed recorded in Clerk's File No. 2013090370,
  Montgomery County Official Public Records, and being all of called
  10.0 acre tract conveyed to Jack W. Mayo, Jr. by deed recorded in
  Clerk's File No. 7829854, Montgomery County Official Public
  Records of Real Property; said 20.02 acre (872,176 square feet)
  tract of land being more particularly described as follows with all
  bearings being based on the Texas Coordinate System, Central Zone,
  NAD 83:
         COMMENCING at a 1/2-inch iron rod (with cap) found, being the
  northwest corner of a called 20 acre tract conveyed to Shirley Gay
  by deed recorded in Clerk's File No. 8121692, Montgomery County
  Official Public Records of Real Property;
         THENCE, North 79°11'52" West, 2,715.92 feet to a 5/8-inch iron
  rod (with cap) found, being the northeast corner of said called 10.0
  acre tract conveyed to Splendora Independent School District and
  being the northeast corner and POINT OF BEGINNING of the herein
  described tract;
         THENCE, South 02°42'00" East, 658.42 feet to a 3/8-inch iron
  rod found, being the northeast corner of said called 10.0 acre tract
  conveyed to Jack W. Mayo, Jr. and being the southeast corner of said
  called 10.0 acre tract conveyed to Splendora Independent School
  District;
         THENCE, South 03°05'32" East, 658.95 feet to a 5/8-inch iron
  rod (with cap) found, being the southeast corner of said called 10.0
  acre tract conveyed to Jack W. Mayo, Jr. and being the southeast
  corner of the herein described tract;
         THENCE, South 86°28'21" West, 664.91 feet to a 1/2-inch iron
  rod (with cap) found, being the southwest corner of said called 10.0
  acre tract conveyed to Jack W. Mayo, Jr. and being the southwest
  corner of the herein described tract;
         THENCE, North 02°40'33" West, 661.85 feet to a 3/8-inch iron
  rod found, being the northwest corner of said called 10.0 acre tract
  conveyed to Jack W. Mayo, Jr. and being the southwest corner of said
  called 10.0 acre tract conveyed to Splendora Independent School
  District;
         THENCE, North 02°39'39" West, 659.17 feet to a 5/8-inch iron
  rod (with cap) found, being the northwest corner of said called 10.0
  acre tract conveyed to Splendora Independent School District and
  being the northwest corner of the herein described tract;
         THENCE, North 86°47'02" East, 659.62 feet to the POINT OF
  BEGINNING, CONTAINING 20.02 acres (872,176 square feet) of land in
  Montgomery County, Texas, filed in the offices of Elevation Land
  Solutions in The Woodlands, Texas.
         TRACT 5:
         A METES & BOUNDS description of a certain 10.000 acre
  (435,591 square feet) tract of land situated in the Michael H. Hinch
  Survey, Abstract No. 253, in Montgomery County, Texas, being all of
  called Tract Numbers (114) and (122), of Section 4 of Security
  Subdivision according to the plat thereof recorded in Volume 1,
  Page 23, Montgomery County Deed Records, conveyed to Dana Lynn
  Sprayberry by deed recorded in Clerk's File No. 2000-072045,
  Montgomery County Official Public Records of Real Property; said
  10.000 acre (435,591 square feet) tract of land being more
  particularly described as follows with all bearings being based on
  said deed recorded in Clerk's File No. 2021177868, Montgomery
  County Official Public Records:
         BEGINNING at a point for the westerly common southerly corner
  of said Sprayberry tract and said Parcel 2, Tract 2, being the
  southwesterly corner of the herein described 10.000 acre tract,
  from which a point for the common southerly corner of said Parcel 2,
  Tract 2, and said 421.116 acre tract bears, South 70°53'39" West,
  2744.66 feet;
         THENCE North 03°02'48" West, 660.00 feet, with the common line
  between said Sprayberry tract and said Parcel 2, Tract 2, to a point
  for the common westerly corner of said Sprayberry tract and that
  certain tract described as Farm Tracts 97, 98 and 106 in instrument
  to Atakapa LLC, recorded under Clerk's File Number 2018080651,
  O.P.R.M.C.T., being the northwesterly corner of the herein
  described 10.000 acre tract;
         THENCE North 86°35'15" East, 660.00 feet, with the common line
  between said Sprayberry tract and said Farm Tracts 97, 98 and 106,
  to a point in a westerly line of said Parcel 2, Tract 2, for the
  common easterly corner of same, being the northeasterly corner of
  the herein described 10.000 acre tract;
         THENCE South 03°02'48" East, 660.00 feet, with the common line
  between said Sprayberry tract and said Parcel 2, Tract 2, to a point
  for the common westerly corner of said Sprayberry tract and common
  southerly corner of said Sprayberry tract and said Parcel 2, Tract
  2, being the southeasterly corner of the herein described 10.000
  acre tract;
         THENCE, South 86°35'15" West, 660.00 feet, continuing with
  said common line, to the POINT OF BEGINNING, CONTAINING 10.000 acre
  (435,591 square feet) of land in Montgomery County, Texas.
         TRACT 6:
         A METES & BOUNDS description of a certain 10.00 acre (435,658
  square feet) tract of land situated in the Michael H. Hinch Survey,
  Abstract No. 253, in Montgomery County, Texas, being all of called
  Tract Twenty-Two (22), of Section 5 of Security Subdivision
  according to the plat thereof recorded in Volume 1, Page 23,
  Montgomery County Deed Records, conveyed to John F. Darst by deed
  recorded in Clerk's File No. 2014005435, Montgomery County
  Official Public Records; said 10.00 acre (435,658 square feet)
  tract of land being more particularly described as follows with all
  bearings being based on the Texas Coordinate System, Central Zone,
  NAD 83:
         COMMENCING at a 1/2-inch iron rod (with cap) found, being the
  northwest corner of a called 20 acre tract conveyed to Shirley Gay
  by deed recorded in Clerk's File No. 8121692, Montgomery County
  Official Public Records of Real Property;
         THENCE, South 67°07'55" West, 7,025.16 feet to a 1/2-inch iron
  rod (with cap) found, being the northeast corner of said called
  Tract Twenty-Two (22) and being the northeast corner and POINT OF
  BEGINNING of the herein described tract;
         THENCE, South 03°20'59" East, 660.24 feet to a 5/8-inch iron
  rod (with cap) found, being the southeast corner of said called
  Tract Twenty-Two (22) and being the southeast corner of the herein
  described tract;
         THENCE, South 86°28'39" West, 660.12 feet to a 5/8-inch iron
  rod found, being the southwest corner of said called Tract
  Twenty-Two (22) and being the southwest corner of the herein
  described tract;
         THENCE, North 03°19'03" West, 660.07 feet to a 5/8-inch iron
  rod (with cap) found, being the northwest corner of said called
  Tract Twenty-Two (22) and being the northwest corner of the herein
  described tract;
         THENCE, North 86°27'46" East, 659.75 feet to the POINT OF
  BEGINNING, CONTAINING 10.00 acres (435,658 square feet) of land in
  Montgomery County, Texas, filed in the offices of Elevation Land
  Solutions in The Woodlands, Texas.
         TRACT 7:
         A METES & BOUNDS description of a certain 10.05 acre (437,646
  square feet) tract of land situated in the Michael H. Hinch Survey,
  Abstract No. 253, in Montgomery County, Texas, being all of called
  Lots One (1) and Two (2), of Section 6 of Security Subdivision
  according to the plat thereof recorded in Volume 1, Page 23,
  Montgomery County Deed Records, conveyed to Milton Howard Sands,
  Jr. by deed recorded in Clerk's File No. 8842100, Montgomery County
  Official Public Records of Real Property; said 10.05 acre (437,646
  square feet) tract of land being more particularly described as
  follows with all bearings being based on the Texas Coordinate
  System, Central Zone, NAD 83:
         COMMENCING at a 1/2-inch iron rod (with cap) found, being the
  northwest corner of a called 20 acre tract conveyed to Shirley Gay
  by deed recorded in Clerk's File No. 8121692, Montgomery County
  Official Public Records of Real Property;
         THENCE, South 56°22'01" West, 4,599.31 feet to an axle found,
  being the northeast corner of said called Lots One (1) and Two (2)
  and being the northeast corner and POINT OF BEGINNING of the herein
  described tract;
         THENCE, South 03°01'51" East, 329.54 feet to a 5/8-inch iron
  rod (with cap) found, being the southeast corner of said called Lots
  One (1) and Two (2) and being the southeast corner of the herein
  described tract;
         THENCE, South 86°30'27" West, 1,318.54 feet to a 5/8-inch iron
  rod (with cap) found, being the southwest corner of said called Lots
  One (1) and Two (2) and being the southwest corner of the herein
  described tract;
         THENCE, North 03°23'34" West, 333.78 feet to a 5/8-inch iron
  rod (with cap) found, being the northwest corner of said called Lots
  One (1) and Two (2) and being the northwest corner of the herein
  described tract;
         THENCE, North 86°41'29" East, 1,320.62 feet to the POINT OF
  BEGINNING, CONTAINING 10.05 acres (437,646 square feet) of land in
  Montgomery County, Texas, filed in the offices of Elevation Land
  Solutions in The Woodlands, Texas.
         TRACT 8:
         A METES & BOUNDS description of a certain 5.009 acre (218,190
  square feet) tract of land situated in the Walker County School Land
  Survey, Abstract No. 494, in Montgomery County, Texas, being all of
  a called 5.000 acre tract conveyed to Bill Ellison by deed recorded
  in Clerk's File No. 2018004658, Montgomery County Official Public
  Records; said 5.009 acre (218,190 square feet) tract of land being
  more particularly described as follows with all bearings being
  based on the Texas Coordinate System, Central Zone, NAD 83:
         COMMENCING at a 1/2-inch iron rod (with cap) found, being the
  northwest corner of a called 20 acre tract conveyed to Shirley Gay
  by deed recorded in Clerk's File No. 8121692, Montgomery County
  Official Public Records of Real Property;
         THENCE, North 21°41'20" West, 2,084.68 feet to a concrete
  monument (disturbed) found, being the southeast corner of said
  called 5.000 acre tract and being the southeast corner and POINT OF
  BEGINNING of the herein described tract;
         THENCE, South 86°56'55" West, 658.50 feet to a concrete
  monument found, being the southwest corner of said called 5.000
  acre tract and being the southwest corner of the herein described
  tract;
         THENCE, North 03°15'30" West, 330.34 feet to a 1/2-inch iron
  rod (with cap) found, being the northwest corner of said called
  5.000 acre tract and being the northwest corner of the herein
  described tract;
         THENCE, North 86°52'08" East, 660.69 feet to a 1-1/2-inch iron
  pipe (bent) found, being the northeast corner of said called 5.000
  acre tract and being the northeast corner of the herein described
  tract;
         THENCE, South 02°52'48" East, 331.25 feet to the POINT OF
  BEGINNING, CONTAINING 5.009 acres (218,190 square feet) of land in
  Montgomery County, Texas, filed in the offices of Elevation Land
  Solutions in The Woodlands, Texas.
         SECTION 3.  (a) The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  (a)  If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  7985A, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7985A.0307 to read as
  follows:
         Sec. 7985A.0307.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (b)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Section 17(c),
  Article I, Texas Constitution.
         SECTION 5.  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, 2023.