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  S.B. No. 860
 
 
 
 
AN ACT
  relating to the creation of the Fort Bend-Waller Counties Municipal
  Utility District No. 2; providing authority to impose a tax and
  issue bonds; granting a limited 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 8329 to read as follows:
  CHAPTER 8329.  FORT BEND-WALLER COUNTIES MUNICIPAL UTILITY
  DISTRICT NO. 2
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8329.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Fort Bend-Waller Counties
  Municipal Utility District No. 2.
         Sec. 8329.002.  NATURE OF DISTRICT. The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8329.003.  CONFIRMATION AND DIRECTORS' 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. 8329.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8329.003
  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.
         Sec. 8329.005.  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. 8329.006.  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 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.
  [Sections 8329.007-8329.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8329.051.  GOVERNING BODY; TERMS. (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8329.052, directors serve
  staggered four-year terms.
         Sec. 8329.052.  TEMPORARY DIRECTORS. (a)  The temporary
  board consists of:
               (1)  Suzanne Corbin;
               (2)  Carolyn Davis;
               (3)  Jeff Hayes;
               (4)  Sharon Wallingford; and
               (5)  Ray Deyoe.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8329.003; or
               (2)  the fourth anniversary of the effective date of
  the Act creating this chapter.
         (c)  If permanent directors have not been elected under
  Section 8329.003 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 8329.003; 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.
  [Sections 8329.053-8329.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8329.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8329.102.  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. 8329.103.  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. 8329.104.  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, zoning and
  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. 8329.105.  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. 8329.106.  LIMITATION ON USE OF EMINENT DOMAIN. The
  district may not exercise the power of eminent domain outside the
  district to acquire a site or easement for:
               (1)  a road project authorized by Section 8329.103; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
  [Sections 8329.107-8329.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8329.151.  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 8329.153.
         (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. 8329.152.  OPERATION AND MAINTENANCE TAX. (a)  If
  authorized at an election held under Section 8329.151, 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. 8329.153.  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.
  [Sections 8329.154-8329.200 reserved for expansion]
  SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
         Sec. 8329.201.  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. 8329.202.  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. 8329.203.  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 Fort Bend-Waller Counties Municipal Utility
  District No. 2 initially includes all the territory contained in
  the following area:
         FIELD NOTES FOR A 472.573 ACRE TRACT OF LAND IN THE THOMAS
  CRESOP SURVEY, ABSTRACT 405, WALLER COUNTY, TEXAS, ABSTRACT 369,
  FORT BEND COUNTY, TEXAS, AND THE P. M. CUNY SURVEY, ABSTRACT 355,
  WALLER COUNTY, TEXAS, THE ROBERT T. VAN SLYKE SURVEY, ABSTRACT 395,
  WALLER COUNTY, TEXAS, AND THE W. W. BAINS SURVEY, ABSTRACT 385,
  WALLER COUNTY, TEXAS, SAID 472.573 ACRE TRACT BEING COMPRISED OF
  THAT CERTAIN CALLED 137.322 ACRE TRACT RECORDED IN VOLUME 1131,
  PAGE 26, OFFICIAL RECORDS, WALLER COUNTY, TEXAS, THAT CERTAIN
  CALLED 54.00 ACRE TRACT RECORDED IN VOLUME 1130, PAGE 776, OFFICIAL
  RECORDS, WALLER COUNTY, TEXAS, THAT CERTAIN CALLED 136.8 ACRE TRACT
  (TRACT ONE) AND THAT CERTAIN CALLED 135.5 ACRE TRACT (TRACT TWO)
  RECORDED UNDER COUNTY CLERK'S FILE NUMBER 2008102246, OFFICIAL
  PUBLIC RECORD, FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 8.429
  ACRE TRACT RECORDED IN VOLUME 0727, PAGE 840, OFFICIAL RECORDS,
  WALLER COUNTY, TEXAS, AND THAT CERTAIN CALLED 0.506 ACRE TRACT
  RECORDED UNDER COUNTY CLERK'S FILE NUMBER 2002053393, OFFICIAL
  PUBLIC RECORDS, FORT BEND COUNTY, TEXAS, WITH ALL BEARINGS BASED
  UPON THE TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD83, BASED
  UPON GPS OBSERVATIONS OF NGS TRIANGULATION STATION "BROOKSHIRE".
         BEGINNING at a 3/4 inch iron rod found at the intersection of
  the south right-of-way line U. S. Highway 90 (100-feet wide) with
  the east line of a 40-foot wide private road (marked Alt Lane) for
  the northwest corner of said called 137.322 acre tract, and the most
  westerly northwest corner and Place of Beginning of the herein
  described tract, said point bears North 88 degrees 21 minutes 47
  seconds East, 39.90 feet from a 5/8 inch iron rod with cap marked
  "Tri-Tech";
         THENCE North 88 degrees 44 minutes 46 seconds East along the
  north line of the herein described tract and the north line of said
  called 137.322 acre tract, same being the south right-of-way line
  U. S. Highway 90, 2,037.44 feet to a 5/8 inch iron rod with cap
  marked "3438" found for the northeast corner of the herein
  described tract, same being the northwest corner of an adjoining
  called 0.0971 acre tract described in deed recorded in Volume 0966,
  Page 132, Official Records, Waller County, Texas;
         THENCE South 04 degrees 55 minutes 35 seconds East along the
  east line of the herein described tract, same being the west line of
  said adjoining called 0.0971 acre tract, 411.10 feet to a 3/4 inch
  iron pipe found for a reentry corner to the herein described tract,
  same being the south corner of said adjoining called 0.0971 acre
  tract, the southwest corner of an adjoining called 5.00 acre tract
  described in deed recorded in Volume 0595, Page 540, Official
  Records, Waller County, Texas, and the northwest corner of the
  aforementioned called 54.00 acre tract, said point also being a
  reentry corner of said W. W. Bains Survey, Abstract 385, same being
  the upper northwest corner of the Robert T. Van Slyke Survey,
  Abstract 395, and an angle point in the east line of said called
  137.322 acre tract;
         THENCE North 88 degrees 17 minutes 20 seconds East along a
  north line of the herein described tract, the north line of said
  called 54.00 acre tract, the north line of said Robert T. Van Slyke
  Survey, Abstract 395, and the north line of said Thomas Cresop
  Survey, Abstract 405, same being the south line of said W. W. Bains
  Survey, Abstract 385, and the south line of said adjoining called
  5.00 acre tract, 533.04 feet to a 3/4 inch iron rod found for an
  angle point in the north line of the herein described tract, being
  the southeast corner of said adjoining called 5.00 acre tract, same
  being the southwest corner of an adjoining called 1.417 acre tract
  described in Volume 0609, Page 784, Official Records, Waller
  County, Texas;
         THENCE North 88 degrees 07 minutes 31seconds East along a
  north line of the herein described tract, the north line of said
  called 54.00 acre tract, and the north line of said Thomas Cresop
  Survey, Abstract 405, same being the south line of said W. W. Bains
  Survey, Abstract 385, same being the south line of said adjoining
  called 1.417 acre tract, the south line of an adjoining called 2.0
  acre tract recorded in Volume 0562, Page 757, Official Records,
  Waller County, Texas, and the south line of an adjoining called 1.0
  acre tract (Tract 2) and an adjoining called 1.0 acre tract (Tract
  1) recorded in Volume 0519, Page 703, Official Records, Waller
  County, Texas, at 152.37 feet pass a 3/4 inch iron pipe found on
  said line for the southeast corner of said adjoining called 1.417
  acre tract, same being the southwest corner of said adjoining
  called 2.0 acre tract, at 410.73 feet pass a 1/2 inch iron pipe with
  cap marked "Kalkomey Surveying" found for the northeast corner of
  said called 54.00 acre tract, same being the lower northwest corner
  of said called 136.8 acre tract, and continuing for a total distance
  of 586.81 feet to a railroad iron found for a reentry corner to the
  herein described tract and a reentry corner to said called 136.8
  acre tract, being the southeast corner of said adjoining called 1.0
  acre tract (Tract 1), and the upper southeast corner of said W. W.
  Bains Survey, Abstract 385, same being the southwest corner of the
  aforementioned P. M. Cuny Survey, Abstract 355, said point also
  being in the west right-of-way line of Apache Road (60-feet wide);
         THENCE North 02 degrees 06 minutes 10 seconds West along the
  upper west line of the herein described tract, the upper west line
  of said called 136.8 acre tract, and the west line of said P. M. Cuny
  Survey, Abstract 355, same being the east line of said adjoining
  called 1.0 acre tract (Tract 1), and the upper east line of said W.
  W. Bains Survey, Abstract 385, 399.97 feet to a 1/2 inch iron pipe
  with cap marked "Kalkomey Surveying" found for a northwest corner
  of the herein described tract, and a northwest corner of said called
  136.8 acre tract, same being the northeast corner of said adjoining
  called 1.0 acre tract (Tract 1), said point also being in the south
  right-of-way line of U. S. Highway 90 (100-feet wide);
         THENCE North 88 degrees 43 minutes 13 seconds East along the
  upper north line of the herein described tract and the north line of
  said called 136.8 acre tract, same being the south right-of-way
  line of U. S. Highway 90, 60.00 feet to a 1-inch iron pipe found for
  the most westerly northeast corner of the herein described tract
  and the upper northeast corner of said called 136.8 acre tract, same
  being the upper northwest corner of the adjoining Katy West
  Business Park, according to map or plat thereof recorded in Volume
  348, Page 221, Deed Records, Waller County, Texas;
         THENCE South 02 degrees 06 minutes 10 seconds East along the
  common line of the herein described tract and said adjoining Katy
  West Business Park, being the east right-of-way line of Apache
  Road, 395.44 feet to a 1/2 inch iron pipe found for angle point;
         THENCE South 09 degrees 00 minutes 01 second East continuing
  along said common line, 56.44 feet to a 1/2 inch iron pipe found for
  corner, said point being the upper southeast corner of said called
  136.8 acre tract, same being a reentry corner to said adjoining Katy
  West Business Park;
         THENCE South 80 degrees 59 minutes 59 seconds West continuing
  along said common line, departing said east right-of-way line of
  Apache Road, 60.00 feet to a 1/2 inch iron pipe found for a reentry
  corner to the herein described tract and a reentry corner to said
  called 136.8 acre tract, being the lower northwest corner of said
  adjoining Katy West Business Park, and being in the west
  right-of-way line of Apache Road;
         THENCE South 09 degrees 00 minutes 01 second East continuing
  along said common line, 1,124.04 feet to a 5/8 inch iron rod found
  for a reentry corner to the herein described tract and a reentry
  corner to said called 136.8 acre tract, same being the southwest
  corner of said adjoining Katy West Business Park, and being at the
  intersection of the west right-of-way line of Apache Road with the
  south right-of-way line of Comanche Road (60-feet wide);
         THENCE North 88 degrees 03 minutes 14 seconds East continuing
  along said common line, 1,060.64 feet to a 3/4 inch iron rod found
  for a reentry corner to the herein described tract and a reentry
  corner to said called 136.8 acre tract, same being the southeast
  corner of said adjoining Katy West Business Park;
         THENCE North 01 degree 56 minutes 47 seconds West continuing
  along said common line, 1,561.00 feet to a 3/4 inch iron pipe found
  for the most easterly northwest corner of the herein described
  tract and a northwest corner of said called 136.8 acre tract, same
  being the northeast corner of said adjoining Katy West Business
  Park, and being in the south right-of-way line of U. S. Highway 90;
         THENCE North 88 degrees 42 minutes 48 seconds East along the
  most easterly north line of the herein described tract, and the
  north line of said called 136.8 acre tract, same being the south
  right-of-way line of U. S. Highway 90, 1,828.82 feet to a 1/2 inch
  iron rod with cap marked "RPLS 2085" found for the most easterly
  northeast corner of the herein described tract and the most
  easterly northeast corner of said called 136.8 acre tract, same
  being the northwest corner of an adjoining called 1.924 acre tract
  recorded in Volume 0727, Page 844, Official Records, Waller County,
  Texas;
         THENCE South 01 degree 12 minutes 15 seconds East along the
  common line of the herein described tract and said adjoining called
  1.924 acre tract, 183.46 feet to a 1/2 inch iron rod with cap marked
  "RPLS 2085" found for corner;
         THENCE South 62 degrees 41 minutes 42 seconds East continuing
  along said common line, 383.31 feet to a 1/2 inch iron rod with cap
  marked "RPLS 2085" found for a reentry corner to the herein
  described tract, being the south corner of said adjoining called
  1.924 acre tract, and east corner of said called 136.8 acre tract,
  and being in the northwest line of the aforementioned called 8.429
  acre tract, said point being in a curve to the left;
         THENCE along said curve to the left having a central angle of
  10 degrees 56 minutes 03 seconds, a radius of 940.00 feet, an arc
  length of 179.39 feet, and a chord bearing North 15 degrees 16
  minutes 58 seconds East, 179.11 feet to a point in the centerline of
  Snake Creek for corner, being the east corner of said adjoining
  called 1.924 acre tract, and being in the southwest line of an
  adjoining called 5.6687 acre tract recorded in Volume 478, Page
  631, Deed Records, Waller County, Texas;
         THENCE along the centerline of Snake Creek, being the
  northeast line of the herein described tract, the northeast line of
  said called 8.426 acre tract, and the northeast line of the
  aforementioned called 135.5 acre tract, same being the southwest
  line of said adjoining called 5.6687 acre tract, the southwest line
  of an adjoining called 1.6327 acre tract described in deed recorded
  in Volume 0785, Page 649, Official Records, Waller County, Texas,
  the southwest line of an adjoining called 3.673 acre tract
  described in deed recorded in Volume 0519, Page 75, Official
  Records, Waller County, Texas, and the southwest line of an
  adjoining called 24.356 acre tract recorded in Volume 0970, Page
  131, Official Records, Waller County, Texas, with the following
  meanders:
               South 55 degrees 05 minutes 56 seconds East, 131.02
  feet;
               South 54 degrees 20 minutes 06 seconds East, 550.23 feet
               South 64 degrees 50 minutes 22 seconds East, 329.51 feet
               South 55 degrees 03 minutes 33 seconds East, 61.69 feet
               South 45 degrees 08 minutes 57 seconds East, 128.52 feet
               South 46 degrees 52 minutes 01 second East, 1,243.02
  feet
               South 49 degrees 37 minutes 43 seconds East, 273.13 feet
  to a point in the centerline of Snake Creek for the lower northeast
  corner of the herein described tract and the northeast corner of
  said called 135.5 acre tract, same being the southeast corner of
  said adjoining called 24.356 acre tract, the southwest corner of an
  adjoining called 1.035 acre tract recorded in Volume 251, Page 228,
  Deed Records, Waller County, Texas, and the lower northwest corner
  of the adjoining residue of a called 5.418 acre tract recorded in
  Volume 218, Page 223, Volume 219, Page 327, and Volume 219, Page
  241, Deed Records, Waller County, Texas, and Volume 539, Page 471,
  Deed Records, Fort Bend County, Texas, from which point a found 1/2
  inch iron pipe with cap marked "Kalkomey Surveying" bears North 01
  degree 44 minutes 58 seconds West, 49.62 feet;
         THENCE South 01 degree 45 minutes 28 seconds East along the
  upper east line of the herein described tract and the east line of
  said called 135.5 acre tract, same being the west line of said
  adjoining residue of a called 5.418 acre tract, at 589.52 feet pass
  a 1/2 inch iron rod found on said line, and continuing for a total
  distance of 629.50 feet to a 1/2 inch iron rod found for the upper
  southeast corner of the herein described tract and the upper
  southeast corner of said called 135.5 acre tract, same being the
  southwest corner of said adjoining residue of a called 5.418 acre
  tract, the northwest corner of an adjoining called 3.204 acre tract
  recorded in Volume 522, Page 647, Deed Records, Fort Bend County,
  Texas, and the northeast corner of an adjoining called 1.2086 acre
  tract recorded under County Clerk's File Number 2005006745,
  Official Public Records, Fort Bend County, Texas;
         THENCE South 88 degrees 04 minutes 25 seconds West along the
  upper south line of the herein described tract and the upper south
  line of said called 135.5 acre tract, same being the north line of
  said adjoining called 1.2086 acre tract, at 119.83 feet pass a 1-1/4
  inch iron pipe found on said line for the northwest corner of said
  adjoining called 1.2086 acre tract, same being the northeast corner
  of an adjoining called 5.07 acre tract recorded under County
  Clerk's File Number 2002092170, Official Public Records, Fort Bend
  County, Texas, and continuing for a total distance of 775.68 feet to
  a 1-1/4 inch iron pipe found on said line for a reentry corner to the
  herein described tract and a reentry corner to said called 135.5
  acre tract, same being the northwest corner of said adjoining
  called 5.07 acre tract;
         THENCE South 01 degree 43 minutes 48 seconds East along the
  lower east line of the herein described tract and the lower east
  line of said called 135.5 acre tract, same being the west line of
  said adjoining called 5.07 acre tract, 338.08 feet to a 1-inch iron
  pipe found on said line at its intersection with the north
  right-of-way line of Interstate Highway 10 (320-feet wide), for the
  lower southeast corner of the herein described tract and the lower
  southeast corner of said called 135.5 acre tract, same being the
  southwest corner of said adjoining called 5.07 acre tract;
         THENCE South 88 degrees 14 minutes 06 seconds West along the
  south line of the herein described tract and the south line of said
  called 135.5 acre tract, being the north right-of-way line of
  Interstate Highway 10, 103.78 feet to a concrete monument found on
  said line for angle point;
         THENCE South 87 degrees 19 minutes 06 seconds West continuing
  along said line, 2,169.25 feet to a concrete monument found on said
  line at the beginning of a curve to the right;
         THENCE along said curve to the right, being the south line of
  the herein described tract, the south line of said called 135.5 acre
  tract, the south line of the aforementioned called 0.506 acre
  tract, the south line of the aforementioned called 8.429 acre
  tract, and the south line of the aforementioned called 136.8 acre
  tract, being the north right-of-way line of Interstate Highway 10,
  having a central angle of 04 degrees 36 minutes 42 seconds, a radius
  of 11,299.16 feet, an arc length of 909.48 feet, and a chord bearing
  South 89 degrees 39 minutes 23 seconds West, 909.24 feet to a
  concrete monument found at the end of said curve;
         THENCE North 88 degrees 02 minutes 16 seconds West continuing
  along the south line of the herein described tract and the south
  line of said called 136.8 acre tract, being the north right-of-way
  line of Interstate Highway 10, 304.68 feet to a 3/4 inch iron pipe
  found on said line for angle point;
         THENCE North 88 degrees 04 minutes 11 seconds West along the
  south line of the herein described tract and the south line of said
  called 136.8 acre tract, being the north right-of-way line of
  Interstate Highway 10, 325.07 feet to a 1/2 inch iron pipe with cap
  marked "Kalkomey Surveying" found on said line at the beginning of a
  curve to the left, from which point a found concrete monument bears
  South 56 degrees 15 minutes 06 seconds East, 0.36 feet;
         THENCE along said curve to the left having a central angle of
  03 degrees 38 minutes 39 seconds, a radius of 11,619.16 feet, an arc
  length of 739.01 feet, and a chord bearing North 89 degrees 53
  minutes 30 seconds West, 738.89 feet to a concrete monument found at
  the end of said curve;
         THENCE South 88 degrees 17 minutes 10 seconds West continuing
  along the south line of the herein described tract and the south
  line of said called 136.8 acre tract, being the north right-of-way
  line of Interstate Highway 10, at 319.40 feet pass a 1/2 inch iron
  pipe with cap marked "Kalkomey Surveying" found on said line for the
  southeast corner of the aforementioned called 54.00 acre tract, and
  continuing for a total distance of 1,263.18 feet to a 1/2 inch iron
  rod found for angle point, said point being the southeast corner of
  the aforementioned called 137.322 acre tract, same being the
  southwest corner of said called 54.00 acre tract, and being in the
  west line of the aforementioned Robert T. Van Slyke Survey,
  Abstract 407, same being the east line of the aforementioned W. W.
  Bains Survey, Abstract 385;
         THENCE South 88 degrees 17 minutes 40 seconds West along the
  south line of the herein described tract and the south line of said
  called 137.322 acre tract, same being the north right-of-way line
  of Interstate Highway 10, 2,054.95 feet to a 1/2 inch iron rod found
  for the southwest corner of the herein described tract and the
  southwest corner of said called 137.322 acre tract, same being the
  southeast corner of an adjoining called 2.4915 acre tract recorded
  in Volume 0854, Page 039, Official Records, Waller County, Texas,
  described in Volume 424, Page 435, Deed Records, Waller County,
  Texas, from which point a found 1-1/4 inch iron pipe bears South 82
  degrees 00 minutes 55 seconds West, 10.60 feet;
         THENCE North 02 degrees 01 minute 18 seconds West along the
  west line of the herein described tract and the west line of said
  called 137.322 acre tract, same being the east line of said
  adjoining called 2.4915 acre tract, and along the east line of the
  aforementioned adjoining 40-foot wide private road (marked Alt
  Lane), at 119.02 feet (adjoiner called 120.13 feet) pass a 5/8 inch
  iron rod found 0.23 feet right of said line, and continuing for a
  total distance of 2,918.57 feet to the Place of Beginning and
  containing 472.573 acres of land, more or less, with 95.187 acres
  within Fort Bend County, Texas, and 377.386 acres within Waller
  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 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, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 860 passed the Senate on
  April 28, 2009, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 29, 2009, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 860 passed the House, with
  amendment, on May 25, 2009, by the following vote: Yeas 141,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor