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  S.B. No. 1946
 
 
 
 
AN ACT
  relating to the creation of the Hardin Store Road Municipal Utility
  District No. 1 of Montgomery County; 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 8245 to read as follows:
  CHAPTER 8245.  HARDIN STORE ROAD MUNICIPAL UTILITY DISTRICT
  NO. 1 OF MONTGOMERY COUNTY
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8245.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the board of directors of the
  district.
               (2)  "Director" means a member of the board.
               (3)  "District" means the Hardin Store Road Municipal
  Utility District No. 1 of Montgomery County.
         Sec. 8245.002.  NATURE OF DISTRICT. The district is a
  municipal utility district in Montgomery County created under and
  essential to accomplish the purposes of Section 59, Article XVI,
  Texas Constitution.
         Sec. 8245.003.  CONFIRMATION ELECTION REQUIRED. If the
  creation of the district is not confirmed at a confirmation
  election held under Section 8245.024 before September 1, 2011:
               (1)  the district is dissolved September 1, 2011,
  except that:
                     (A)  any debts incurred shall be paid;
                     (B)  any assets that remain after the payment of
  debts shall be transferred to Montgomery County; and
                     (C)  the organization of the district shall be
  maintained until all debts are paid and remaining assets are
  transferred; and
               (2)  this chapter expires September 1, 2014.
         Sec. 8245.004.  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;
               (3)  the validity of the district's bonds, notes, or
  indebtedness; or
               (4)  the legality or operation of the district or the
  board.
  [Sections 8245.005-8245.020 reserved for expansion]
  SUBCHAPTER A-1. TEMPORARY PROVISIONS
         Sec. 8245.021.  TEMPORARY DIRECTORS. (a)  On or after
  September 1, 2007, a person who owns land in the district may submit
  a petition to the Texas Commission on Environmental Quality
  requesting that the commission appoint as temporary directors the
  five persons named in the petition.
         (b)  The commission shall appoint as temporary directors the
  five persons named in the first petition received by the commission
  under Subsection (a).
         (c)  If a temporary director fails to qualify for office, the
  commission shall appoint a person to fill the vacancy.
         (d)  Temporary directors serve until the earlier of:
               (1)  the date directors are elected under Section
  8245.024; or
               (2)  the date this chapter expires under Section
  8245.003.
         Sec. 8245.022.  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 meet at a location in the district
  agreeable to a majority of the directors. At the meeting, the
  temporary directors shall elect officers from among the temporary
  directors and conduct any other district business.
         Sec. 8245.023.  CONSENT OF MUNICIPALITY REQUIRED.  The
  temporary directors may not hold an election under Section 8245.024
  until each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located has adopted a
  resolution consenting to the creation of the district.
         Sec. 8245.024.  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. 8245.025.  INITIAL ELECTED DIRECTORS; TERMS.  The
  directors elected under Section 8245.024 shall draw lots to
  determine which two shall serve until the first regularly scheduled
  election of directors under Section 8245.052 and which three shall
  serve until the second regularly scheduled election of directors.
         Sec. 8245.026.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2014.
  [Sections 8245.027-8245.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8245.051.  DIRECTORS; TERMS. (a)  The district is
  governed by a board of five directors.
         (b)  Directors serve staggered four-year terms.
         Sec. 8245.052.  ELECTION OF DIRECTORS. On the uniform
  election date in May of each even-numbered year, the appropriate
  number of directors shall be elected.
  [Sections 8245.053-8245.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8245.101.  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. 8245.102.  ROAD PROJECTS. (a)  To the extent
  authorized by Section 52, Article III, Texas Constitution, the
  district may construct, acquire, improve, maintain, or operate
  macadamized, graveled, or paved roads or turnpikes, or improvements
  in aid of those roads or turnpikes, inside the district.
         (b)  A road project must meet or exceed all applicable
  construction standards, zoning and subdivision requirements, and
  regulatory ordinances of each municipality in whose corporate
  limits or extraterritorial jurisdiction the district is located.  
  If the district is located outside the extraterritorial
  jurisdiction of a municipality, a road project must meet all
  applicable construction standards, zoning and subdivision
  requirements, and regulatory ordinances 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 ordinance or
  resolution.
         Sec. 8245.103.  COMPLIANCE WITH MUNICIPAL CONSENT
  RESOLUTION. The district shall comply with all applicable
  requirements of any resolution adopted by the governing body of a
  municipality under Section 54.016, Water Code, that consents to the
  creation of the district or to the inclusion of land in the
  district.
         Sec. 8245.104.  RECREATIONAL FACILITIES; LIMIT ON EMINENT
  DOMAIN POWER. (a)  In this section, "recreational facilities" and
  "develop and maintain" have the meanings assigned by Section
  49.462, Water Code.
         (b)  The district may develop and maintain recreational
  facilities in the manner provided by Subchapter N, Chapter 49,
  Water Code.
         (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 8245.105-8245.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8245.151.  TAX TO REPAY BONDS. The district may impose
  a tax to pay the principal of or interest on bonds issued under
  Section 8245.201.
  [Sections 8245.152-8245.200 reserved for expansion]
  SUBCHAPTER E.  BONDS
         Sec. 8245.201.  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, to
  finance the construction, maintenance, or operation of projects
  under Sections 8245.101 and 8245.102.
         (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 issue bonds payable from ad valorem taxes.
         (c)  The district may not issue bonds to finance projects
  authorized by Section 8245.102 unless the issuance is approved by a
  vote of a two-thirds majority of the voters of the district voting
  at an election called for that purpose.
         (d)  Bonds or other obligations issued or incurred to finance
  projects authorized by Section 8245.102 may not exceed one-fourth
  of the assessed value of the real property in the district.
         Sec. 8245.202.  BONDS FOR RECREATIONAL FACILITIES. If
  authorized at an election under Section 8245.201(b), the district
  may issue bonds payable from ad valorem taxes to pay for the
  development and maintenance of recreational facilities under
  Section 8245.104.
         SECTION 2.  The Hardin Store Road Municipal Utility District
  No. 1 of Montgomery County includes all the territory contained in
  the following area:
  TRACT ONE:
  Being a 68.393 acre tract of land situated in the James Brown
  Survey, Abstract Number 78 and the Joseph Miller Survey. Abstract
  Number 27, of Montgomery County, Texas, and being all of Lot 8, in
  Block 9, of SPRING CREEK FOREST, Section 3, an unrecorded
  subdivision described in deed recorded in Film Code Number
  633-10-0760, all of Lot 7, in Block 1, of SPRING CREEK FOREST,
  Section 1, an unrecorded subdivision, described in deed recorded in
  Film Code Number 648-01-1826, and being out of and part of a called
  71.8079 acres, described in deed recorded in Film Code Number
  720-01-1864, all of the Real Property Records of Montgomery County,
  Texas; said 68.393 acres being more particularly described as
  follows with all bearings based on the North line of the 71.8079
  acres;
  BEGINNING at a 1/2 inch iron rod, found for the lower Northwest
  corner of the herein described tract, common with the Northwest
  corner of the 71.8079 acres and the Southwest corner of Lot 17, in
  Block 9, Section 3, of said subdivision, described in deed recorded
  in Film Code Number 028-00-0902, of said Real Property Records,
  same being in the East line of the residual of a called 2253.2253
  acres, described in deed recorded in Film Code Number 543-10- 0707,
  of said Real Property Records and proceeding:
  THENCE N 89°20'00" E, a distance of 951.98 feet, along a North line
  of the herein described tract, common with the North line of the
  71.8079 acres, the South line of Lot 17, the South line of Lots 16
  and 15, in Block 9, Section 3, of said subdivision, described in
  deed recorded in Film Code Number 028-00-0902, the South line of
  Lots 14 and 13, in Block 9, Section 3, of said subdivision,
  described in deed recorded in Film Code Number 045-00-2159, the
  South line of Lots 12 and 11, in Block 9, Section 3, of said
  subdivision, described in deed recorded in Film Code Number
  090-00-0572, and the South line of Lots 10 and 9, in Block 9,
  Section 3, of said subdivision, described in deed recorded in Film
  Code Number 797-10-2425, all of said Real Property Records, to a
  point for an interior corner of the herein described tract, common
  with the Southeast corner of Lot 9 and the Southwest corner of Lot
  8;
  THENCE N 00°30'54" W, a distance Of 360.97 feet, (Deed - N
  00°35'00"W, 360.00 feet), along the upper West line of the herein
  described tract, common with the West line of Lot 8 and the East
  line of Lot 9, to a 1/2 inch iron rod, found for the upper Northwest
  corner of the herein described tract, common with Northwest corner
  of Lot 8 and the Northeast corner of Lot 9, same being in the South
  right-of-way line of Caddo Drive, 60 feet wide;
  THENCE N 89°33'47" E, a distance of 100.08 feet, (Deed N 89°20'00" E,
  100'), along the upper North line of the herein described tract,
  common with the North line of Lot 8 and the South right-of-way line
  of Caddo Drive, to a 1/2 inch iron rod, found for the upper
  Northeast corner of the herein described tract, common with the
  Northeast comet of Lot 8 and the Northwest corner of Lot 7, in Block
  9, Section 3, of said subdivision, described in deed recorded its
  Film Code Number 652-01-1588, of said Real Property Records;
  THENCE S 00°33'53" E, (Deed - S 00°35'00" E), a distance of 827.87
  feet, along the upper East line of the herein described tract,
  common with the East line of Lot 8 and the West line of Lot 7, and
  then severing the 71.8079 acres, to a point for an interior corner
  of the herein described tract;
  THENCE N 89°20'00" E. a distance of 464.74 feet, along a North line
  of the herein described tract, to a point for a lower Northeast
  corner of the herein described tract, same being in the East line of
  the 71.8079 acres and the West line of Lot 9, in Block 6, Section 3,
  of said subdivision, described in deed recorded in Film Code Number
  981 10-2882 of said Real Property Records;
  THENCE S 00°14'11" E, (Deed, S 00°08'17" E), a distance of 1469.98
  feet, along the lower East line of the herein described tract,
  common with the East line of the 71.8079 acres, the West line of Lot
  9, the West line of Lots 8 and 7, in Block 6, Section 3, of said
  subdivision, described in deed recorded in Film Code Number
  981-10-2882, the West Line of Lots 6, 5, 4, and 3, in Block 6,
  Section 3, of said subdivision, described in deed recorded in Film
  Code Number 715-. 00-1158, the West line of Lots 2 and 1, in Block 6,
  Section 3, of said subdivision, described in deed recorded in Film
  Code Number 715-00-1163, the West line of Lots I and 2, in Block 1,
  Section 1, of said subdivision, described in deed recorded in Film
  Code Number 325-00-1227, the West line of Lots 3 and 4, in Block 1,
  Section I, of said subdivision, described in deed recorded in Film
  Code Number 336-01-0578, and the West line of Lots 5 and 6, in Block
  1 Section 2, of said subdivision, described in deed recorded in Film
  Code Number 986-01-2323, all of said Real Property Records, to a 1/2
  inch iron rod, found for an interior corner of the herein described
  tract, common with the Southwest corner of Lot 6 and the Northwest
  corner of Lot 7, in Block 1, Section 1, of said subdivision;
  THENCE S 89°32'14" E, a distance of 292.90 feet, (Deed. S 88°42' E,
  295.16 feet), along a North line of the herein described tract,
  common with the North line of Lot 7 and the South line of Lot 6, to a
  1/2 inch iron rod, found for the lower Northeast corner of the
  herein described tract, common with the Northeast corner of Lot 7
  and the Southeast corner of Lot 6, same being in the West right
  of-way-line of North Creek Drive, 60 feet wide;
  THENCE S 00°42'35" E, a distance of 100.18 feet, (Deed - S 00°05'00"
  E, 100 feet), along the outermost East line of the herein described
  tract, common with the East line of Lot 7 and the West right-of-way
  line of North Creek Drive, to a 1/2 inch iron rod, found for the
  upper Southeast corner of the herein described tract, common with
  the Southeast corner of Lot 7 and the Northeast corner of Lot 8 in
  Block 1, Section 1, of said subdivision, described in deed recorded
  in Film Code Number 788-00-2224, of said Real Property Records;
  THENCE N 89°26'40" W, a distance of 296.4 feet, (Deed - N 88°42' W,
  295.47 feet), along the upper South line of the herein described
  tract, common with the South line of Lot 7 and the North line of Lot
  8, to a 1/2 inch iron rod, found for an interior corner of the herein
  described tract, common with the Southwest corner of Lot 7 and the
  Northwest corner of Lot 8, same being in the East line of the
  71.8079 acres;
  THENCE S 00°52'01" W, (Deed - S 00°08'17" E), a distance of 44.02
  feet, along the lower East line of the herein described tract,
  common with the East line of the 71.8079 acres and the West line of
  Lot 8, to a 1 inch iron bar, found for the lower Southeast corner of
  the herein described tract, common with the Southeast corner of the
  71.8079 acres and the Northeast corner of a called 44.000 acres,
  described in deed recorded in Volume 102, Page 937, of the Deed
  Records of Montgomery County, Texas;
  THENCE N 89°51'42" W, a distance of 1501.95 feet, along the lower
  South line of the herein described tract, common with the South line
  of the 71.8079 acres and the North line of the 44.000 acres, to a 1/2
  inch iron rod, found for the Southwest corner of the herein
  described tract, common with the Southwest corner of the 71.8079
  acres and the Northwest corner of the 44.000 acres, same being in
  the East line of the 2253.2253 acres;
  THENCE N 00°38'00" W, a distance of 2059.77, along the West line of
  the herein described tract, common with the West line of the 71.8079
  acres and the East line of the 2253.2253 acres, hack to the POINT OF
  BEGINNING and containing 68.393 acres of land as computed based on
  the survey and plat prepared by C & C Surveying, Inc., dated May 22,
  2006.
  TRACT TWO:
  Being 172.60 acres (7,518,462 square feet) of land with 137.36
  acres being located in the Bartley Murrey Survey, Abstract Number
  343 and the remainder 35.24 acres being located in the John Foster
  Survey, Abstract Number 205 Montgomery County, Texas, and being
  that same tract of land called 171.448 acres as recorded under
  Clerk's File Number 2003-047615 of the Montgomery County Official
  Public Records of Real Property; said 172.60 acres being more
  particularly described by metes and bounds as follows with all
  bearings being referenced to the Texas State Plane Coordinate
  System of 1983, Central Zone:
  BEGINNING at a found 5/8 inch iron rod, for the southwest corner of
  Lot 1 of Decker Woods Ranchettes, a subdivision in Montgomery
  County, Texas according to the map or plat thereof recorded in
  Cabinet D, Sheet 192-A of the Montgomery County Map Records and the
  northwest corner of the herein described parcel;
  THENCE North 87 degrees 06 minutes 54 seconds East, a distance of
  1633.78 feet, (Deed Call: West, 3,215.7 feet) along the south line
  of the aforementioned Lot 1 and the north line of the herein
  described parcel to a found 1/2 inch iron in the south line of a
  12.000 acre tract conveyed to Leo P. Boutte as recorded under
  Clerk's File Number 2003-107853 of the Montgomery County Official
  Public Records of Real Property, for an angle point in the north
  line of the herein described parcel;
  THENCE North 87 degrees 32 minutes 44 seconds East, a distance of
  1504.07 feet, along the north line of the herein described parcel to
  a found 5/8 inch iron rod, in the east line of the aforementioned
  Bartley Murray Survey and the west line of the James Brown Survey,
  Abstract Number 78, Montgomery County, Texas, for the southeast
  corner of the aforementioned 12.000 acres and the northeast corner
  of the herein described parcel;
  THENCE South 02 degrees 54 minutes 48 seconds East, a distance of
  326.26 feet, (Deed Call: North 2,113.03 feet) along the east line of
  the Bartley Murray Survey and the west line of the James Brown
  Survey, also being the east line of the herein described parcel to a
  found 1/2 inch iron rod, in the southeast line of Hardin Store Road,
  a County Prescriptive right-of-way, and in the east line of the
  herein described parcel and the west line of a called 11.224 acre
  tract conveyed to William Jack Dillon as recorded under Clerk's
  File Number 2000-007161 of the Montgomery County Official Public
  Records of Real Property;
  THENCE South 02 degrees 38 minutes 26 seconds East, continuing
  along the east line of the herein described parcel, passing at
  133.12 feet a found concrete monument in the east line of the
  Bartley Murray Survey and the west line of the James Brown Survey,
  the same being the east line of the herein described parcel for a
  total distance 1,796.72 feet to a point in the centerline of Mill
  Creek;
  THENCE along the centerline of Mill Creek with the following
  courses and distances:
         South 84 degrees 12 minutes 54 seconds West, a distance of
  88.93 feet,
         South 44 degrees 38 minutes 54 seconds West, a distance of
  106.00 feet,
         South 72 degrees 31 minutes 54 seconds West, a distance of
  241.00 feet,
         South 59 degrees 23 minutes 54 seconds West, a distance of
  145.00 feet,
         North 73 degrees 21 minutes 06 seconds West, a distance of
  129.00 feet,
         South 82 degrees 46 minutes 54 seconds West, a distance of
  130.00 feet,
         North 79 degrees 39 minutes 06 seconds West, a distance of
  117.00 feet,
         South 24 degrees 50 minutes 54 seconds West, a distance of
  141.00 feet,
         South 04 degrees 59 minutes 06 seconds East, a distance of
  60.00 feet, to a point in the south line of the herein described
  parcel for the southwest corner of a certain 4.75 acre tract
  conveyed to Larry and Kathleen Zimerman as recorded under Clerk's
  File Number 9101520 of the Montgomery County Official Public
  Records of Real Property;
  THENCE South 87 degrees 00 minutes 51 seconds West, a distance of
  1,050.09 feet, (Deed Call: East, 2,207 feet) along the south line of
  the herein described parcel and the north line of a called 5.263
  acre tract conveyed to Ron Harpole as recorded under Clerk's File
  Number 9600629 of the Montgomery County Official Public Records of
  Real Property, the same tract being referenced as Lot 23 of Tall
  Pines Subdivision, an unrecorded subdivision in Montgomery County
  to a found 5/8 inch iron rod in the southeast line of the
  aforementioned Hardin Store Road for an angle point in the south
  line of the herein described parcel and the northwest corner of a
  called 4.7478 acre tract as recorded under Clerk's File Number
  2003-129355 of the Montgomery County Official Public Records of
  Real Property;
  THENCE South 83 degrees 07 minutes 52 seconds West, a distance of
  91.59 feet, along the south line of the herein described parcel
  crossing the aforementioned Hardin Store Road to a point in the
  northwest line of Hardin Store Road;
  THENCE South 87 degrees 33 minutes 24 seconds West, a distance of
  1,065.65 feet, along the south line of the herein described parcel
  and the north line of a certain 11.31 acre tract to a found 1/2 iron
  pipe in the east line of Anderson Road for the northwest corner of a
  0.75 acre tract of land conveyed to Carolyn Y. Davis as recorded
  under Clerk's File Number 2004-121398 of the Montgomery County
  Official Public Records of Real Property;
  THENCE North 02 degrees 43 minutes 09 seconds West, a distance of
  1,005.89 feet, (Deed Call: South 1019.09 feet) along an old barbed
  wire fence and the west line of the herein described parcel and the
  east line of Anderson Road to a point for the beginning of a curve to
  the right;
  THENCE along the east line of the aforementioned Anderson Road with
  a curve to the right having as its elements: a radius of 957.53
  feet, a central angle of 18 degrees 14 minutes 12 seconds, an arc
  length of 304.77 feet with a chord bearing North 06 degrees 31
  minutes 37 seconds East, a distance of 303.49 feet, to a point in
  the west line of the herein described parcel an the east line of
  Decker Woods Drive, a 60 foot right-of-way as described in Cabinet
  C, Sheet 109 of the Montgomery County Map Records and the beginning
  of a reverse curve;
  THENCE continuing along the east line of Decker Woods Drive and an
  old barbed wire fence with a reverse curve having as its elements: a
  radius of 436.14 feet, a central angle of 18 degrees 14 minutes 13
  seconds, an arc length of 138.82 feet with a chord bearing North 06
  degrees 3lminutes 36 seconds East a distance of 303.49 feet, to a
  point in the west line of the herein described parcel;
  THENCE North 02 degrees 35 minutes 30 seconds West, a distance of
  509.56 feet, continuing with an old barbed wire fence in the east
  line of Decker Woods Drive and the west line of the herein described
  parcel to a found 3/4 inch iron rod for an angle point in the west
  line of the herein described parcel;
  THENCE North 02 degrees 49 minutes 34 seconds West, a distance of
  247.82 feet, continuing along the aforementioned barbed wire fence
  and the east line of Decker Woods Drive to a point for the beginning
  of a curve to the left;
  THENCE following the aforementioned barbed wire fence along a curve
  to the left having as its elements: a radius of 677.52 feet, a
  central angle of 22 degrees 47 minutes 34 seconds, an arc length of
  269.52 feet, with a chord bearing North 12 degrees 22 minutes 05
  seconds West, a distance of 267.75 feet, back to the POINT OF
  BEGINNING, CONTAINING 172.60 acres (7,518.462 square feet) of land
  in Montgomery County, Texas, in which 5 acres, more or less, is in
  the right of way of Hardin Store Road.
  TRACT THREE:
  Being a 73.71 acre (3,211,015 square feet) parcel situated in the
  Cyrus Dikeman Survey, Abstract 178, Montgomery County, Texas, being
  out of a called 73.7148 acre tract conveyed to Pioneer Realty and
  Investment Corporation by Warranty Deed with Vendor's Lien recorded
  under Clerk's File No. 8920784 of the Montgomery County Official
  Public Records of Real Property, said 73.71 acre parcel more
  particularly described by the following metes and bounds;
  BEGINNING at a 2-inch iron pipe found in the southerly right-of-way
  line of Neidigk Road, in the west line of a called 71.8 acre tract
  conveyed to Donald M. Wright by Deed recorded under Clerk's File No.
  2001-091306 of the Montgomery County Official Public Records of
  Real Property, for the northeast corner of said 73.7148 acre tract,
  and the herein described parcel;
  THENCE, South 00°28'12" East, passing at a distance of 348.62 feet a
  1/2-inch iron rod found, in all a total distance of 2325.00 feet
  along the west line of said 71.8 acre tract, and the east line of
  said 73.7148 acre tract to a point in the centerline of Mill Creek,
  for a northeasterly corner of a called 186.0 acre tract conveyed to
  Dale Neidigk by Deed recorded under Clerk's File No. 2003-141009 of
  the Montgomery County Official Public Records of Real Property, and
  the southeast corner of said 73.7148 acre tract, and the herein
  described parcel;
  THENCE, along the northerly line of said 186.0 acre tract, and the
  south line of said 73.7148 acre tract, and along the centerline of
  said Mill Creek the following courses and distances:
         North 67°35'23" West, 194.15 feet;
         North 70°08'35" West, 490.72 feet;
         North 73°14'49" West, 277.80 feet;
         North 37°04'16" West, 170.85 feet;
         North 44°26'31" West, 203.17 feet;
         North 50°48'45" West, 113.01 feet;
         North 77°12'10" West, 100.89 feet;
         North 84°22'45" West, 152.95 feet;
         North 86°47'10" West, 166.78 feet
  to a point in the east line of Lot 18, Block 3 of Tall Pines
  Subdivision (unrecorded) conveyed to John Caplinger and wife,
  Pamela Caplinger by Deed recorded under Clerk's File No. 9826623 of
  the Montgomery County Official Public Records of Real Property, for
  a northwesterly corner of said 186.0 acre tract, and the southwest
  corner of said 73.7148 acre tract, and the herein described parcel;
  THENCE, NORTH, 1604.21 feet along the east line of said Lot 18,
  along the east line of Lot 21 of said Block 3 conveyed to Gary B.
  Clark and wife, Debbie J. Clark by Deed recorded under Clerk's File
  No. 9640198 of the Montgomery County Official Public Records of
  Real Property, along the east line of Lot 22 of said Block 3
  conveyed to Larry Zimmerman and wife, Kathleen Zimmerman by Deed
  recorded under Clerk's File No. 2003-040957 of the Montgomery
  County Official Public Records of Real Property, along the east
  line of Lot 23 of said Block 3 conveyed to M&G Construction by Deed
  recorded under Clerk's File No. 9513263 of the Montgomery County
  Official Public Records of Real Property, along the east line of a
  called 178.77 acre tract conveyed to Margret G. Bybee by Deed
  recorded under Volume 651, Page 279 of the Montgomery County Deed
  Records, and along the west line of said 73.7148 acre tract to a
  5/8-inch iron rod set (with cap stamped "Montgomery and
  Associates") for the southwest corner of a called 5.0 acre tract
  conveyed to R. Hohl by Deed recorded under Volume 300, Page 13 of
  the Montgomery County Deed Records, for the northwest corner of
  said 73.7148 acre tract, and the herein described parcel;
  THENCE, North 89°59'00" East, passing at a distance of 119.28 feet a
  1-inch iron pipe found, passing at a distance of 456.18 feet a
  5/8-inch iron rod found, in all a total distance of 1637.92 feet
  along the south line of said 5.0 acre tract, along the south line of
  a called 23.15 acre tract conveyed to Walter R. Leigh by Deed
  recorded under Volume 907, Page 556 of the Montgomery County Deed
  Records, and the north line of said 73.7148 acre tract to the POINT
  OF BEGINNING, CONTAINING 73.71 acres (3,211,015 square feet) of
  land in Montgomery County, 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.  This Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1946 passed the Senate on
  April 26, 2007, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1946 passed the House on
  May 23, 2007, by the following vote:  Yeas 144, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor