80(R) SB 1092 - Enrolled version

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	S.B. No. 1092




	AN ACT
	relating to the creation of the Somerset Municipal Utility District
	No. 2; providing authority to impose a tax and issue bonds; granting
	the power of eminent domain.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subtitle F, Title 6, Special District Local Laws
	Code, is amended by adding Chapter 8204 to read as follows:
	CHAPTER 8204. SOMERSET MUNICIPAL UTILITY DISTRICT NO. 2
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 8204.001. DEFINITIONS. In this chapter:
	(1) "Board" means the district's board of directors.
	(2) "Director" means a board member.
	(3) "District" means the Somerset Municipal Utility
	District No. 2.
	Sec. 8204.002. NATURE OF DISTRICT. The district is a
	municipal utility district in San Jacinto County created under and
	essential to accomplish the purposes of Section 52, Article III,
	and Section 59, Article XVI, Texas Constitution.
	Sec. 8204.003. FINDING OF PUBLIC USE AND BENEFIT. The
	district is created to serve a public use and benefit.
	Sec. 8204.004. CONFIRMATION ELECTION REQUIRED. If the
	creation of the district is not confirmed at a confirmation
	election held under Section 8204.023 before September 1, 2009:
	(1) the district is dissolved September 1, 2009,
	except that the district shall:
	(A) pay any debts incurred;
	(B) transfer to San Jacinto County any assets
	that remain after the payment of debts; and
	(C) maintain the organization of the district
	until all debts are paid and remaining assets are transferred; and
	(2) this chapter expires September 1, 2012.
	Sec. 8204.005. INITIAL DISTRICT TERRITORY. (a) The
	district is initially composed of the territory described by
	Section 2 of the Act creating this chapter.
	(b) The boundaries and field notes contained in Section 2 of
	the Act creating 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:
	(1) the organization, existence, or validity of the
	district;
	(2) the right of the district to impose taxes; or
	(3) the legality or operation of the board.
	[Sections 8204.006-8204.020 reserved for expansion]
	SUBCHAPTER A-1. TEMPORARY PROVISIONS
	Sec. 8204.021. TEMPORARY DIRECTORS. (a) The temporary
	board consists of:
	(1) Aaron Corey;
	(2) Eric Lopez;
	(3) Greg Attaway;
	(4) Marty Grisham; and
	(5) Eric Jones.
	(b) If a temporary director fails to qualify for office, the
	temporary directors who have qualified shall appoint a person to
	fill the vacancy. If at any time there are fewer than three
	qualified temporary directors, the Texas Commission on
	Environmental Quality shall appoint the necessary number of persons
	to fill all vacancies on the board.
	(c) Temporary directors serve until the earlier of:
	(1) the date directors are elected under Section
	8204.023; or
	(2) the date this chapter expires under Section
	8204.004.
	Sec. 8204.022. ORGANIZATIONAL MEETING OF TEMPORARY
	DIRECTORS. As soon as practicable after all the temporary
	directors have qualified under Section 49.055, Water Code, the
	temporary directors shall convene the organizational meeting of the
	district at a location in the district agreeable to a majority of
	the directors. If a location cannot be agreed upon, the
	organizational meeting shall be at the San Jacinto County
	Courthouse.
	Sec. 8204.023. CONFIRMATION AND INITIAL DIRECTORS'
	ELECTION. The temporary directors shall hold an election to
	confirm the creation of the district and to elect five directors as
	provided by Section 49.102, Water Code.
	Sec. 8204.024. INITIAL ELECTED DIRECTORS; TERMS. The
	directors elected under Section 8204.023 shall draw lots to
	determine which two shall serve until the first regularly scheduled
	election of directors and which three shall serve until the second
	regularly scheduled election of directors.
	Sec. 8204.025. EXPIRATION OF SUBCHAPTER. This subchapter
	expires September 1, 2012.
	[Sections 8204.026-8204.050 reserved for expansion]
	SUBCHAPTER B. BOARD OF DIRECTORS
	Sec. 8204.051. GOVERNING BODY; TERMS. (a) The district is
	governed by a board of five directors.
	(b) Directors serve staggered four-year terms.
	[Sections 8204.052-8204.100 reserved for expansion]
	SUBCHAPTER C. POWERS AND DUTIES
	Sec. 8204.101. 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. 8204.102. ROAD PROJECTS; LIMIT ON EMINENT DOMAIN
	POWER. (a) The district may construct, acquire, improve,
	maintain, or operate macadamized, graveled, or paved roads, or
	improvements in aid of those roads.
	(b) 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 district is located. If the district is not
	located in the corporate limits or extraterritorial jurisdiction of
	a municipality, a road project must meet all applicable
	construction standards, zoning and subdivision requirements, and
	regulations of each county in which the district is located.
	(c) The district may not undertake a road project unless
	each municipality in whose corporate limits or extraterritorial
	jurisdiction the district is located consents by resolution. If
	the district is not located in the corporate limits or
	extraterritorial jurisdiction of a municipality, the district may
	not undertake a road project unless each county in which the
	district is located consents by resolution.
	(d) The district may not exercise the power of eminent
	domain outside the district for a road project.
	Sec. 8204.103. ROAD CONTRACTS. The district may contract
	for a road project in the manner provided by Subchapter I, Chapter
	49, Water Code.
	Sec. 8204.104. RECREATIONAL FACILITIES; LIMIT ON EMINENT
	DOMAIN POWER. (a) In this section, "recreational facilities" has
	the meaning assigned by Section 49.462, Water Code.
	(b) The district may develop and maintain recreational
	facilities.
	(c) The district may not, for the development or maintenance
	of a recreational facility, acquire by condemnation land, an
	easement, or other property inside or outside the district.
	[Sections 8204.105-8204.150 reserved for expansion]
	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
	Sec. 8204.151. OPERATION AND MAINTENANCE TAX. The district
	may impose a tax for any district operation and maintenance purpose
	in the manner provided by Section 49.107, Water Code.
	Sec. 8204.152. TAX TO REPAY BONDS. The district may impose
	a tax to pay the principal of and interest on bonds issued under
	Section 8204.201.
	Sec. 8204.153. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
	ASSESSMENTS. The district may not impose an impact fee or
	assessment on the property, including the equipment,
	rights-of-way, facilities, or improvements, of:
	(1) an electric utility or a power generation company
	as defined by Section 31.002, Utilities Code;
	(2) a gas utility as defined by Section 101.003 or
	121.001, Utilities Code;
	(3) a telecommunications provider as defined by
	Section 51.002, Utilities Code;
	(4) a cable operator as defined by 47 U.S.C. Section
	522; or
	(5) a person who provides to the public advanced
	telecommunications services.
	[Sections 8204.154-8204.200 reserved for expansion]
	SUBCHAPTER E. BONDS
	Sec. 8204.201. AUTHORITY TO ISSUE BONDS AND OTHER
	OBLIGATIONS. (a) The district may issue bonds or other
	obligations as provided by Chapters 49 and 54, Water Code, and to
	finance the construction, maintenance, or operation of projects
	under Section 8204.102.
	(b) The district may issue bonds or other obligations
	payable wholly or partly from ad valorem taxes, impact fees,
	revenue, grants, or other district money.
	(c) The district may not issue bonds or other obligations
	secured wholly or partly by ad valorem taxation to finance projects
	authorized by Section 8204.102 unless the issuance is approved by a
	vote of a two-thirds majority of district voters voting at an
	election called for that purpose.
	(d) Bonds or other obligations issued or incurred to finance
	projects authorized by Section 8204.102 may not exceed one-fourth
	of the assessed value of the real property in the district.
	[Sections 8204.202-8204.250 reserved for expansion]
	SUBCHAPTER F. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
	Sec. 8204.251. DIVISION OF DISTRICT; REQUIREMENTS. (a) At
	any time before the district issues indebtedness secured by taxes
	or net revenue, the district may be divided into two or more new
	districts.
	(b) A new district created by division of the district must
	be at least 100 acres.
	(c) Any 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 creating this
	chapter.
	(d) The board may consider a proposal to divide the district
	on:
	(1) a petition of a landowner in the district; or
	(2) a motion by the board.
	(e) If the board decides to divide the district, the board
	shall:
	(1) set the terms of the division, including names for
	the new districts and a plan for the payment or performance of any
	outstanding district obligations; and
	(2) prepare a metes and bounds description for each
	proposed district.
	Sec. 8204.252. ELECTION FOR DIVISION OF DISTRICT.
	(a) After the board has complied with Section 8204.251(e), the
	board shall hold an election in the district to determine whether
	the district should be divided as proposed.
	(b) The board shall give notice of the election not later
	than the 35th day before the date of the election. The notice must
	state:
	(1) the date and location of the election; and
	(2) the proposition to be voted on.
	(c) If a majority of the votes cast are in favor of the
	division:
	(1) the district is divided; and
	(2) not later than the 30th day after the date of the
	election, the district shall provide written notice of the division
	to:
	(A) the Texas Commission on Environmental
	Quality;
	(B) the attorney general;
	(C) the commissioners court of each county in
	which a new district is located; and
	(D) any municipality having extraterritorial
	jurisdiction over territory in each new district.
	(d) If a majority of the votes cast are not in favor of the
	division, the district may not be divided.
	Sec. 8204.253. ELECTION OF DIRECTORS OF NEW DISTRICTS.
	(a) Not later than the 90th day after the date of an election in
	favor of the division of the district, the board shall:
	(1) appoint itself as the board of one of the new
	districts; and
	(2) appoint five directors for each of the other new
	districts.
	(b) Directors appointed under Subsection (a)(1) serve the
	staggered terms to which they were elected in the original
	district. Directors appointed under Subsection (a)(2) serve until
	the election for directors under Subsection (c).
	(c) On the uniform election date in May of the first
	even-numbered year after the year in which the directors are
	appointed, the appointed board shall hold an election to elect five
	directors in each district for which directors were appointed under
	Subsection (a)(2). The directors shall draw lots to determine
	which two shall serve until the next regularly scheduled election
	of directors and which three shall serve until the second regularly
	scheduled election of directors.
	Sec. 8204.254. CONTINUING POWERS AND OBLIGATIONS OF NEW
	DISTRICTS. (a) Each new district may incur and pay debts and has
	all powers of the original district created by this chapter.
	(b) If the district is divided as provided by this
	subchapter, the current obligations and any bond authorizations of
	the district are not impaired. Debts shall be paid by revenue or by
	taxes or assessments imposed on real property in the district as if
	the district had not been divided or by contributions from each new
	district as stated in the terms set by the board under Section
	8204.251(e).
	(c) Any other district obligation is divided pro rata among
	the new districts on an acreage basis or on other terms that are
	satisfactory to the new districts.
	Sec. 8204.255. CONTRACT AUTHORITY OF NEW DISTRICTS. The
	new districts may contract with each other for:
	(1) water and wastewater services; or
	(2) any other matter the boards of the new districts
	consider appropriate.
	SECTION 2. The Somerset Municipal Utility District No. 2
	initially includes all the territory contained in the following
	described area:
	Being 494.607 acres of land situated in the State of Texas,
	County of San Jacinto, 465.349 acres being a part of the John Foster
	Survey, A-115, and the Francis Kennedy Survey, A-194, and being the
	same land described as "Tract No. 1" (called 465.192 acres), 9.492
	acres being a part of said John Foster Survey, and being the same
	land described as "Tract No. 2" (called 9.774 acres) in deed to
	Livingston Development, Ltd. recorded in Volume 173, Page 749 of
	the San Jacinto County Official Public Records, and 19.766 acres
	being a part of the John Colvin Survey, A-10, and the Michael B.
	Menard Survey, A-36, and being the same land called 19.771 acres in
	deed to Livingston Development, Ltd. recorded in Volume 251, Page
	17 of said Official Public Records, and this 494.607 acres being
	more particularly described by metes and bounds in three parcels as
	follows:
	Parcel One : 465.349 Acres
	Beginning at the intersection of the centerline of Palmetto
	Creek with the northeast right of way line of F. M. Highway No. 980,
	said point being the west common corner between said called 465.192
	acres and the called 221.47 acres (218.176 acres by resurvey)
	described in deed to Kevin G. Steely recorded in Volume 202, Page
	739 of said Official Public Records, located on the northeast line
	of the called 14.509 acres described as "Part XIII" in deed to the
	State of Texas recorded in Volume 120, Page 82 of the San Jacinto
	County Deed Records;
	Thence down said Palmetto Creek with its centerline meanders,
	same being the common line between said Livingston Development,
	Ltd. called 465.192 acres and said Steely 218.176 acres, as
	follows:
	N 21° 09' 12" E 187.59 ft.,
	N 36° 05' 49" E 114.92 ft.,
	N 45° 36' 02" E 327.00 ft.,
	N 52° 26' 21" E 167.01 ft.,
	N 55° 46' 53" E 339.10 ft.,
	N 65° 44' 26" E 465.47 ft.,
	N 72° 42' 05" E 735.94 ft.,
	N 54° 23' 34" E 724.93 ft.,
	N 82° 55' 42" E 138.59 ft.,
	N 89° 03' 15" E 113.76 ft.,
	S 79° 06' 51" E 93.79 ft.,
	S 72° 05' 20" E 80.98 ft.,
	S 47° 32' 05" E 45.70 ft.,
	S 01° 43' 59" E 110.91 ft.,
	S 47° 35' 38" E 435.88 ft.,
	S 23° 34' 29" E 75.51 ft.,
	S 68° 51' 38" E 308.71 ft.,
	N 76° 08' 19" E 169.42 ft.,
	N 05° 00' 06" E 218.71 ft.,
	N 08° 36' 40" W 222.06 ft.,
	N 12° 20' 46" W 130.94 ft.,
	N 15° 31' 42" E 245.80 ft.,
	N 38° 47' 29" E 104.03 ft.,
	N 64° 54' 01" E 121.72 ft. and
	N 51° 24' 19" E 627.43 ft. to the
	intersection of the centerline of said Palmetto Creek with the
	Trinity River Authority Lake Livingston Fee Take Line, said point
	being the west common corner between the called 16.53 acres
	described as Fee Tract F-15 in deed to the Trinity River Authority
	of Texas recorded in Volume 108, Page 161 of the San Jacinto County
	Deed Records and the called 0.29 acre condemned by the Trinity River
	Authority of Texas and being save and excepted in deed recorded in
	Volume 129, Page 466 of said Deed Records;
	Thence along the north line of said Livingston Development,
	Ltd. called 465.1192 acres, common in part with the south lines of
	said Trinity River Authority called 0.29 acre tract and said
	Trinity River Authority called 16.53 acres as follows:
	S 25° 56' 00" E 75.00 ft. to a 1/2" iron rod set for corner;
	N 60° 29' 51" E 391.05 ft. to a 5/8" iron rod found for corner;
	S 83° 34' 52" E 343.22 ft. to a 1/2" iron rod set for corner;
	S 13° 22' 00" W 291.74 ft. to a 5/8" iron rod found for corner;
	S 12° 52' 49" W 257.26 ft. to a 5/8" iron rod found for corner;
	S 07° 59' 00" E 185.44 ft. to a 5/8" iron rod found for corner;
	S 41° 45' 58" E 198.24 ft. to a calculated point for corner on
	a bluff bank;
	S 54° 05' 58" E 169.98 ft. to a calculated point for corner on
	a bluff bank;
	N 81° 08' 02" E 150.95 ft. to a 5/8" iron rod found for corner;
	N 86° 52' 27" E 217.14 ft. to a 5/8" iron rod found for corner;
	N 82° 20' 10" E 177.63 ft. to a 5/8" iron rod found for corner;
	N 76° 35' 10" E 213.52 ft. to a 5/8" iron rod found for corner;
	N 81° 11' 18" E 151.61 ft. to a 5/8" iron rod found for corner;
	N 76° 37' 18" E 179.68 ft. to a 5/8" iron rod found for corner;
	N 63° 59' 23" E 143.31 ft. to a 5/8" iron rod found for corner;
	N 83° 27' 58" E 180.64 ft. to a 1/2" iron rod set for corner;
	S 13° 27' 58" W 95.68 ft. to a 5/8" iron rod found for corner;
	S 07° 12' 02" E 159.45 ft. to a 5/8" iron rod found for corner;
	S 40° 47' 34" E 95.13 ft. to a 5/8" iron rod found for corner;
	N 70° 37' 43" E 88.74 ft. to a 5/8" iron rod found for corner;
	N 55° 24' 41" W 116.66 ft. to a 5/8" iron rod found for corner;
	N 12° 40' 39" E 144.08 ft. to a 5/8" iron rod found for corner;
	N 09° 54' 12" W 76.56 ft. to a 5/8" iron rod found for corner;
	N 83° 12' 13" E 172.73 ft. to a 1/2" iron rod set for corner;
	N 79° 45' 13" E 299.28 ft. to a 5/8" iron rod found for corner
	and
	N 72° 25' 51" E 7.80 ft. to a concrete monument found for the
	north common corner between said Livingston Development, Ltd.
	called 465.192 acres and said Livingston Development, Ltd. called
	19.771 acres, same being the south common corner between said
	Trinity River Authority called 16.53 acres and the called 193.64
	acres described in deed to said Trinity River Authority of Texas
	recorded in Volume 107, Page 336 of said Deed Records, said point
	being located on the common survey line between said Francis
	Kennedy Survey and said John Colvin Survey;
	Thence S 23° 28' 18" E 494.42 ft. (deed call - S 23° 31' 00" E
	494.23 ft.) along the common survey line between said Kennedy and
	Colvin Surveys, same being the common line between said called
	465.192 acres and said called 19.771 acres, to a concrete monument
	found for the west common corner between said called 19.771 acres
	and the residue of the Thomas S. Foster Estate called 512 acres
	described in deed recorded in Volume 6, Page 378 of said Deed
	Records;
	Thence S 22° 50' 57" E 286.62 ft. (deed call - S 22° 39' 12" E
	286.83 ft.) along the common survey line between said Kennedy and
	Colvin Surveys, same being the common line between said Livingston
	Development, Ltd. called 465.192 acres and said Foster Estate
	residue tract, to a concrete monument found for a common survey
	corner between said Kennedy Survey, said Colvin Survey, and the
	Michael B. Menard Survey, A-36, said point also being the most
	northern corner of the 54.515 acres described in deed to Barbara D.
	Graves recorded in Volume 227, Page 375 of said Official Public
	Records;
	Thence S 18° 41' 06" W (deed call - S 18° 40' 36" W) along the
	common survey line between said Kennedy and Menard Surveys, same
	being the common line between said called 465.192 acres and said
	Graves called 54.515 acres, at 5.41 ft. pass a concrete monument
	found on line, and continuing along said common line, a total
	distance of 2,794.57 ft. to a concrete monument found for the east
	common corner between said Kennedy Survey and the W. B. Clint
	Survey, A-424, said point being the east common corner between said
	Livingston Development, Ltd. lands and the called 20.33 acres
	titled to the Thomas S. Foster Estate and described as "Tract 28" in
	deed recorded in Volume 6, Page 378 of said Deed Records;
	Thence S 87° 31' 40" W 633.25 ft. (deed call - S 87° 34' 26" W
	637.29 ft.) along the common survey line between said Kennedy and
	Clint Surveys, same being the common line between said Livingston
	Development, Ltd. tract and said Foster Estate called 20.33 acres,
	to a 1/2" iron rod set at the intersection of said line with the
	north right of way line of said F. M. Highway No. 980, same being the
	north line of the called 11.117 acres described as "Part XIV" in
	said deed to the State of Texas recorded in Volume 120, Page 82 of
	said Deed Records;
	Thence 782.21 ft. in a westerly direction along the north
	right of way line of said F. M. Highway No. 980, same being the
	common line between said Livingston Development, Ltd. tract and
	said State of Texas called 11.117 acre tract, in a curve to the left
	having a central angle of 15° 16' 16", the radius being 2,934.79 ft.,
	and the chord bears N 83° 21' 52" W 779.89 ft. to a 1/2" iron rod set
	marking a point of transition in said right of way line, from said
	point a concrete right-of-way monument found bears N 88° 09' 42" W
	3.88 ft.;
	Thence N 82° 16' 35" W 329.66 ft. along the north right of way
	line of said F. M. Highway No. 980, same being the common line
	between said Livingston Development, Ltd. tract and said State of
	Texas called 11.117 acre tract, to a 1/2" iron rod set marking an
	angle point in said right of way line;
	Thence S 86° 27' 19" W 900.89 ft. along the north right of way
	line of said F. M. Highway No. 980, same being the common line
	between said Livingston Development, Ltd. tract and said State of
	Texas called 11.117 acre tract, to a 1/2" iron rod set marking an
	angle point in said right of way line;
	Thence S 89° 00' 00" W 500.00 ft. along the north right of way
	line of said F. M. Highway No. 980, same being the common line
	between said Livingston Development, Ltd. tract and said State of
	Texas called 11.117 acre tract, to a 1/2" iron rod set marking an
	angle point in said right of way line, from said point a concrete
	right-of-way monument found bears S 83° 34' 59" W 13.51 ft.;
	Thence S 88° 32' 59" W 1,272.43 ft. along the north right of
	way line of said F. M. Highway No. 980, same being the south line of
	said Livingston Development, Ltd. tract, common in part with said
	State of Texas called 11.117 acre tract and said State of Texas
	called 14.509 acre tract, crossing the common survey line between
	said Kennedy Survey and said Foster Survey, to a 1/2" iron rod set
	marking an angle point in said right of way line, from said point a
	concrete right-of-way monument found bears S 05° 17' 10" W 0.88 ft.;
	Thence N 86° 05' 06" W 315.22 ft. along the north right of way
	line of said F. M. Highway No. 980, same being the common line
	between said Livingston Development, Ltd. tract and said State of
	Texas called 14.509 acre tract, to a 1/2" iron rod set marking an
	angle point in said right of way line, from said point a concrete
	right-of-way monument found bears S 85° 05' 33" E 4.97 ft.;
	Thence N 81° 08' 00" W 193.36 ft. along the north right of way
	line of said F. M. Highway No. 980, same being the common line
	between said Livingston Development, Ltd. tract and said State of
	Texas called 14.509 acre tract, to a 1/2" iron rod set marking the
	P.C. of a curve in said right of way line, from said point a concrete
	right-of-way monument found bears S 79° 01' 44" E 5.11 ft.;
	Thence 1,038.16 ft. in a northwesterly direction along the
	north right of way line of said F. M. Highway No. 980, same being the
	common line between said Livingston Development, Ltd. tract and
	said State of Texas called 14.509 acre tract, in a curve to the
	right having a central angle of 32° 09' 18", the radius being
	1,849.86 ft., and the chord bears N 59° 05' 39" W 1,024.59 ft. to a
	1/2" iron rod found marking the P. T. of said curve;
	Thence N 43° 01' 00" W 928.17 ft. along the northeast right of
	way line of said F. M. Highway No. 980, same being the common line
	between said Livingston Development, Ltd. tract and said State of
	Texas called 14.509 acre tract, to a 1/2" iron rod set marking an
	angle point in said right of way line, from said point a concrete
	right-of-way monument found bears N 21° 10' 38" W 1.74 ft.;
	Thence N 34° 25' 00" W 200.03 ft. along the northeast right of
	way line of said F. M. Highway No. 980, same being the common line
	between said Livingston Development, Ltd. tract and said State of
	Texas called 14.509 acre tract, to a 1/2" iron rod set marking an
	angle point in said right of way line, from said point a concrete
	right-of-way monument found bears S 73° 58' 55" W 0.96 ft.;
	Thence N 43° 01' 00" W 195.67 ft. along the northeast right of
	way line of said F. M. Highway No. 980, same being the common line
	between said Livingston Development, Ltd. tract and said State of
	Texas called 14.509 acre tract, to the place of beginning and
	containing within these bounds 465.349 acres of land.
	Parcel Two: 9.492 Acres
	Beginning at a 1/2" iron rod found for the north common corner
	between said Livingston Development, Ltd. called 9.774 acres
	described as "Tract No. 2" in deed recorded in Volume 173, Page 749
	of the San Jacinto County Official Public Records and the called
	0.389 acre tract described as "Second Tract" in deed to Woodrow H.
	Archer, Sr. and wife, Fredrica A. Archer, recorded in Volume 216,
	Page 876 of said Official Public Records, located on the common
	survey line between the John Foster Survey, A-115, and the Francis
	Kennedy Survey, A-194, and also being located on the southwest
	right of way line of F. M. Highway No. 980, said point being the
	south common corner between the called 14.509 acres described as
	"Part XIII" and the called 11.117 acres described as "Part XIV" in
	deed to the State of Texas recorded in Volume 120, Page 82 of said
	Deed Records;
	Thence S 00° 49' 01" E, along the common survey line between
	said Foster and Kennedy Surveys, same being the common line between
	said Livingston Development, Ltd. tract and said Archer called
	0.389 acre tract, at 51.10 ft. pass the west common corner between
	said Kennedy Survey and the O. C. Wakefield Survey, A-471, same
	being the west common corner between said Archer called 0.389 acre
	tract and the called 2 acre tract described as "First Tract" in said
	Archer deed, and continuing S 00° 49' 01" E, along the common survey
	line between said Foster and Wakefield Surveys, same being the
	common line between said Livingston Development, Ltd. and said
	Archer called 2 acre tract, in all a total distance of 178.93 to a
	concrete monument found for the northeast corner of the called
	13.96 acre tract described in deed to Gordon Bryant Chamness
	recorded under Clerk's File No. 02-3693 of said Official Public
	Records, from said point a 1/2" iron rod found bears S 07° 29' 11" W
	14.80 ft.;
	Thence S 86° 24' 56" W 631.78 ft. along the north line of said
	Chamness called 13.96 acre tract to a 1" iron pipe found for the
	north common corner between said Chamness tract and the called 3.01
	acre tract described in deed to George H. Carter recorded in Volume
	119, Page 405 of said Deed Records;
	Thence S 85° 17' 16" W 331.92 ft. along the north line of said
	Carter called 3.01 acre tract to a concrete monument found for west
	common corner between said Carter tract and said Livingston
	Development, Ltd. tract, located within the rights-of-way of Ryans
	Ferry Road [a 60 ft. wide county maintained public roadway], from
	said point a 6" cylinder found bears N 05° 45' 24" W 3.91 ft.;
	Thence N 71° 52' 13" W 18.20 ft. along the south line of said
	Livingston Development, Ltd. tract, with the rights-of-way of said
	Ryans Ferry Road, to a rail road spike set for the south common
	corner between said Livingston Development, Ltd. tract and the
	called 0.62 acre tract described as "Tract Two" in deed to Troy L.
	Morgan and wife, Sheryl L. Morgan, recorded in Volume 241, Page 2 of
	said Official Public Records;
	Thence N 42° 58' 13" W 286.92 ft. along the common line between
	said Livingston Development, Ltd. tract and said Morgan called 0.62
	acre, within the rights-of-way of said Ryans Ferry Road, to a 5/8"
	iron rod found marking an angle point in said line located in the
	centerline of said road;
	Thence N 53° 25' 00" W 304.89 ft. along the common line between
	said Livingston Development, Ltd. tract and said Morgan called 0.62
	acre, same being the centerline of said Ryans Ferry Road, to a rail
	road spike set marking an angle point in said line;
	Thence N 46° 05' 01" W 241.16 ft. along the common line between
	said Livingston Development, Ltd. tract and said Morgan called 0.62
	acre, same being the centerline of said Ryans Ferry Road, to a rail
	road spike set marking an angle point in said line;
	Thence S 88° 18' 01" W 77.58 ft. along the common line between
	said Livingston Development, Ltd. tract and said Morgan called 0.62
	acre, crossing the southwest right-of-way line of said Ryans Ferry
	Road, to a concrete monument found marking the common corner
	between said Livingston Development, Ltd. tract, said Morgan called
	0.62 acre, the called 21.25 acre tract described as "Tract One" in
	said Morgan deed, and the called 6.64 acre tract described in deed
	to Frank O'Connor and wife, Wallie O'Connor, recorded in Volume 198,
	Page 816 of said Deed Records;
	Thence N 51° 18' 00" W 161.95 ft. along the common line between
	said Livingston Development, Ltd. tract and said O'Connor called
	6.64 acre tract to a concrete monument found for corner;
	Thence N 33° 36' 54" W 261.13 ft. along the common line between
	said Livingston Development, Ltd. tract and said O'Connor called
	6.64 acre tract to a 1/2" iron rod found for corner located in the
	centerline of Ryans Ferry Road;
	Thence N 50° 18' 38" W 504.13 ft. along the southwest line of
	said Livingston Development, Ltd. tract, common in part with the
	northeast line of said O'Connor called 6.64 acre tract and the
	called 3.3 acres described in deed to Marine Williams Brown
	recorded in Volume 84, Page 531 of said Official Public Records, to
	a 1/2" iron rod found for corner, located within the rights-of-way
	of said Ryans Ferry Road;
	Thence N 16° 16' 00" W 252.29 ft. along the common line between
	said Livingston Development, Ltd. tract and said Brown called 3.3
	acre tract, crossing the northeast right of way line of said Ryans
	Ferry Road, to a 1/2" iron rod found for corner, located on the
	southwest right of way line of said F. M. Highway No. 980, same
	being the southwest line of said State of Texas called 14.509 acres;
	Thence S 43° 01' 00" E 781.50 ft. along the common line between
	said Livingston Development, Ltd. tract and said State of Texas
	called 14.509 acre tract, same being the southwest right of way line
	of said F. M. Highway No. 980, to a 1/2" iron rod set marking the
	P.C. of a curve in said right of way line, from said point a concrete
	right-of-way monument found bears S 44° 12' 03" E 0.49 ft.;
	Thence 1,649.69 ft. in a southeasterly direction along the
	common line between said Livingston Development, Ltd. tract and
	said State of Texas called 14.509 acre tract, same being the
	southwest right of way line of said F. M. Highway No. 980, in a curve
	to the left having a central angle of 47° 59' 00", the radius being
	1,969.86 ft. and the chord bears S 67° 00' 30" E 1,601.91 to a 1/2"
	iron rod found marking the P.T. of said curve;
	Thence S 89° 39' 00" E 389.52 ft. along common line between
	said Livingston Development, Ltd. tract and said State of Texas
	called 14.509 acre tract, same being the south right of way line of
	said F. M. Highway No. 980 to the place of beginning and containing
	within these bounds 9.492 acres of land.
	Parcel Three: 19.766 Acres
	Beginning at a concrete monument found marking the west
	common corner between said Livingston Development, Ltd. called
	19.771 acres described in deed recorded in Volume 251, Page 17 of
	the San Jacinto County Official Public Records and the residue of
	the Thomas S. Foster Estate called 512 acres described in deed
	recorded in Volume 6, Page 378 of the San Jacinto County Deed
	Records, located on the common survey line between the John Colvin
	Survey, A-10, and the Francis Kennedy Survey, A-194, said point
	being an angle point in the northeast line of the called 465.192
	acres (465.349 acres by re-survey) described as "Tract No. 1" in
	deed to Livingston Development, Ltd. recorded in Volume 173, Page
	749 of said Official Public Records;
	Thence N 23° 28' 18" W 494.42 ft. (called N 23° 31' 00" E 494.23
	ft. in said called 465.192 acre deed) along common line between said
	Livingston Development, Ltd. called 19.771 acre tract and said
	Livingston Development, Ltd. 465.349 acre tract to a concrete
	monument found for the north common corner between said tracts,
	same being the south common corner between the called 193.64 acres
	described as Fee Tract F-5 in deed to the Trinity River Authority of
	Texas recorded in Volume 107, Page 336 of said Deed Records and the
	called 16.53 acres described as Fee Tract F-15 in deed to said
	Trinity River Authority of Texas recorded in Volume 108, Page 161 of
	said Deed Records;
	Thence along the common line between said Livingston
	Development, Ltd. called 19.771 acres and said Trinity River
	Authority called 193.64 acres as follows:
	N 72° 25' 51" E 134.07 ft. to a 5/8" iron rod found for corner;
	N 36° 20' 36" E 171.32 ft. to a calculated point for corner on
	a bluff bank;
	N 30° 58' 36" E 246.88 ft. to a calculated point for corner on
	a bluff bank;
	N 42° 48' 36" E 136.19 ft. to a 5/8" iron rod found for corner;
	N 78° 01' 43" E 160.46 ft. to a 5/8" iron rod found for corner;
	S 86° 17' 35" E 140.42 ft. to a 5/8" iron rod found for corner;
	S 45° 05' 45" E 121.07 ft. to a 5/8" iron rod found for corner;
	S 25° 16' 35" W 141.35 ft. to a 5/8" iron rod found for corner;
	S 20° 22' 07" W 161.28 ft. to a 5/8" iron rod found for corner;
	N 52° 34' 00" E 247.87 ft. to a 5/8" iron rod found for corner;
	N 15° 01' 29" W 157.48 ft. to a 5/8" iron rod found for corner;
	N 83° 01' 46" E 120.34 ft. to a 5/8" iron rod found for corner;
	S 85° 47' 26" E 155.87 ft. to a 5/8" iron rod found for corner;
	N 49° 39' 35" E 173.19 ft. to a 5/8" iron rod found for corner;
	N 65° 36' 49" E 119.65 ft. to a calculated point for corner;
	N 76° 12' 49" E 107.67 ft. to a calculated point for corner;
	S 07° 31' 49" W 305.54 ft. to a 5/8" iron rod found for corner;
	S 37° 13' 51" W 209.79 ft. to a 5/8" iron rod found for corner;
	N 57° 23' 45" E 97.30 ft. to a 5/8" iron rod found for corner;
	S 55° 59' 18" E 90.80 ft. to a 5/8" iron rod found for corner;
	S 31° 39' 00" W 144.07 ft. to a 5/8" iron rod found for corner;
	S 08° 35' 00" E 1.20 ft. to a 5/8" iron rod found for the east
	common corner between said Livingston Development, Ltd. called
	19.771 acres and said Foster Estate residue tract;
	Thence S 67° 22' 17" W 1,310.57 ft. along the common line
	between said Livingston Development, Ltd. called 19.771 acre tract
	and said Foster Estate residue tract to the place of beginning and
	containing within these bounds 19.766 acres of land.
	SECTION 3. (a) The legal notice of the intention to
	introduce this Act, setting forth the general substance of this
	Act, has been published as provided by law, and the notice and a
	copy of this Act have been furnished to all persons, agencies,
	officials, or entities to which they are required to be furnished
	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
	Government Code.
	(b) The governor, one of the required recipients, has
	submitted the notice and Act to the Texas Commission on
	Environmental Quality.
	(c) The Texas Commission on Environmental Quality has filed
	its recommendations relating to this Act with the governor, the
	lieutenant governor, and the speaker of the house of
	representatives within the required time.
	(d) All requirements of the constitution and laws of this
	state and the rules and procedures of the legislature with respect
	to the notice, introduction, and passage of this Act are fulfilled
	and accomplished.
	SECTION 4. 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, 2007.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 1092 passed the Senate on
	April 26, 2007, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 25, 2007, by the
	following vote: Yeas 30, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 1092 passed the House, with
	amendment, on May 23, 2007, by the following vote: Yeas 144,
	Nays 0, two present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor