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  S.B. No. 994
 
 
 
 
AN ACT
  relating to the creation of the Fort Bend County Municipal Utility
  District No. 192; 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 8330 to read as follows:
  CHAPTER 8330.  FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 192
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8330.001.  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 County Municipal
  Utility District No. 192.
         Sec. 8330.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8330.003.  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. 8330.004.  CONSENT OF MUNICIPALITY REQUIRED. (a)  The
  temporary directors may not hold an election under Section 8330.003
  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.
         (b)  Subject to the limitations of Section 54.016, Water
  Code, the district shall comply with all applicable requirements of
  any ordinance or resolution adopted by the governing body of the
  municipality that consents to the creation of the district or to the
  inclusion of lands within the district.
         (c)  In addition to the restrictions and conditions
  described by Section 54.016(e), Water Code, a municipality that
  contains district territory in its corporate limits or
  extraterritorial jurisdiction may include in the municipality's
  consent any restriction on or condition to the municipality's
  consent to the creation of the district, including a limitation on
  the powers of the district otherwise granted by this chapter.
         Sec. 8330.005.  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, or improvement of
  macadamized, graveled, or paved roads described by Section 54.234,
  Water Code, or improvements, including storm drainage, in aid of
  those roads.
         Sec. 8330.006.  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 8330.007-8330.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8330.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8330.052, directors serve
  staggered four-year terms.
         Sec. 8330.052.  TEMPORARY DIRECTORS.  (a)  On or after the
  effective date of the Act creating this chapter, the owner or owners
  of a majority of the assessed value of the real property 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.  The
  commission shall appoint as temporary directors the five persons
  named in the petition.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8330.003; 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 8330.003 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 8330.003; 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 8330.053-8330.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8330.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8330.102.  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. 8330.103.  AUTHORITY FOR ROAD PROJECTS. (a)  Under
  Section 52, Article III, Texas Constitution, the district may
  design, acquire, construct, finance, issue bonds for, improve, and
  convey to this state, a county, or a municipality for operation and
  maintenance macadamized, graveled, or paved roads described by
  Section 54.234, Water Code, or improvements, including storm
  drainage, in aid of those roads.
         (b)  The district may exercise the powers provided by this
  section without submitting a petition to or obtaining approval from
  the Texas Commission on Environmental Quality as required by
  Section 54.234, Water Code.
         Sec. 8330.104.  APPROVAL OF ROAD PROJECT.  (a)  The district
  may not undertake a road project authorized by Section 8330.103
  unless:
               (1)  each municipality or county that will operate and
  maintain the road has approved the plans and specifications of the
  road project, if a municipality or county will operate and maintain
  the road; or
               (2)  the Texas Transportation Commission has approved
  the plans and specifications of the road project, if the state will
  operate and maintain the road.
         (b)  Except as provided by Subsection (a), the district is
  not required to obtain approval from the Texas Transportation
  Commission to design, acquire, construct, finance, issue bonds for,
  improve, or convey a road project.
         Sec. 8330.105.  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 8330.103; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
  [Sections 8330.106-8330.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8330.151.  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 8330.153.
         (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. 8330.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8330.151, 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. 8330.153.  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 8330.154-8330.200 reserved for expansion]
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8330.201.  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. 8330.202.  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. 8330.203.  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 County Municipal Utility District
  No. 192 initially includes all the territory contained in the
  following area:
         TRACT I
         Being a 37.73-acre (1,643,604 square feet) tract of land
  situated in the Abner Kuykendall League, A-48, Fort Bend County,
  Texas, and being portion of a called 53.9470-acre tract of land
  designated Tract "A" as recorded under File Number 9725698, Fort
  Bend County Official Records (F.B.C.O.R.). Said 37.73-acre tract
  of land being more particularly described by metes and bounds as
  follows, with all bearings referenced to the Texas Coordinate
  System of 1983, South Central Zone.  All distances are surface based
  on the surface coordinates (X = 3,038,374.04, Y = 13,790,244.28) of
  N.G.S. Control Monument "HGCSD 70" 1983 adjustment:
         BEGINNING at a 3-inch by 4-inch iron bar found marking the
  northerly right-of-way line of Thompson Road (F.M. 762)(100 feet
  wide) and the westerly line of the C.I. McFarlane called 2.2-acre
  tract as recorded under Volume 126, Page 197 of the Fort Bend County
  Deed Records (F.B.C.D.R.), also being the most southerly southwest
  corner of said 53.9470 acre Tract "A", and being in the easterly
  line of a called 681.81-acre tract as recorded under Volume 510,
  Page 213 of said F.B.C.D.R.;
         THENCE, North 20°11'32" East, departing said Thompson Road a
  distance of 362.29 feet along a common line of said 53.9470-acre
  Tract "A", and said 681.81-acre tract to a point marking the
  northeasterly corner said 681.81-acre tract and an interior corner
  of said Tract "A";
         THENCE, North 66°39'25" West, along the line common to said
  53.9470-acre Tract "A" and said 681.81-acre tract, a distance of
  433.02 feet to an angel point from which a one-inch iron pipe found
  bears N 65°16' E, 0.83 feet;
         THENCE, North 67°18'25" West, continuing along the line
  common to said 53.9470-acre Tract "A" and said 681.81-acre tract, a
  distance of 550.00 feet to an angel point from which a 5/8-inch iron
  rod found bears N 12°21' E, 0.35 feet;
         THENCE, North 66°51'25" West, continuing along the line
  common to said 53.9470-acre Tract "A" and said 681.81-acre tract, a
  distance of 331.00 feet to an angel point from which a 5/8-inch iron
  rod found bears N 24°21' E, 0.35 feet;
         THENCE, North 67°20'14" West, continuing along the line
  common to said 53.9470-acre Tract "A", and said 681.81-acre tract,
  a distance of 770.26 feet to a 5/8-inch iron rod with cap stamped
  "Kalkomey Surveying" found for the southwesterly corner of the
  herein described tract;
         THENCE, North 21°52'30" East, departing said common line, a
  distance of 640.02 feet to a p.k. nail set for corner in the
  centerline of Macek Road (60 feet wide);
         THENCE, South 68°11'55" East, along the centerline of said
  Macek Road, a distance of 268.46 feet to a p.k. nail set for corner;
         THENCE, South 68°02'25" East, along the centerline of said
  Macek Road and along the southerly line of a called 8.6445 acre
  tract as recorded under File Number 9707473 of said F.B.C.O.R.,
  passing at 579.12 feet a 5/8-inch iron rod with cap stamped
  "Kalkomey Surveying" found for the southeast corner of said 8.6445
  acre tract, being the southwest corner of a called 0.50 acre tract
  as recorded under File Number 9520600 of said F.B.C.O.R., also
  being an angle point in said Macek Road, and continuing along the
  line common to said 53.9470 acre Tract "A", and said 0.50 acre tract
  for a total distance of 560.40 feet to a 5/8-inch iron rod found for
  an interior corner;
         THENCE, North 23°11'42" East, along the line common to said
  53.9470 acre Tract "A" and said 0.50 acre tract a distance of 163.89
  feet to a 5/8-inch iron rod with cap stamped "SURVCON INC." set for
  the southwest corner of a called 53.9470 acre Tract "B" as recorded
  under File Number 9707473 of said F.B.C.O.R., and being an angle
  point in the northerly line of said Tract "A";
         THENCE, South 68°02'25" East, along the line common to said
  53.9470 acre Tract "A" and said 53.9470 acre Tract "B", a distance
  of 1,295.70 feet to a 5/8-inch iron rod found for the northeast
  corner of said Tract "A", being an interior corner of said Tract
  "B";
         THENCE, South 20°11'32" West, continuing along the line
  common to said Tracts "A" and "B", a distance of 1,182.38 feet to an
  angel point from which a one-inch iron pipe found bears S 24°49' E,
  0.64 feet for the common south corner of said Tracts "A" and "B",
  and being in the aforementioned northerly right-of-way line of
  Thompson Road;
         THENCE, North 83°18'50" West, along said northerly
  right-of-way line, a distance of 70.97 feet to the POINT OF
  BEGINNING, containing a computed area of 37.73 acres (1,643,604
  square feet) of land.
         TRACT II
         FIELD NOTES FOR A 8.632 ACRE TRACT OF LAND OUT OF THE PICKENS
  LABOR IN THE ABNER KUYKENDALL LEAGUE, ABSTRACT 48, FORT BEND
  COUNTY, TEXAS, SAID 8.632 ACRE TRACT BEING THAT CERTAIN CALLED
  8.6445 ACRE TRACT (EXHIBIT "C") IN DEED TO THE ZWIENER FAMILY
  LIMITED PARTNERSHIP RECORDED IN COUNTY CLERK'S FILE NO. 9707473,
  OFFICIAL PUBLIC RECORDS, FORT BEND COUNTY, TEXAS, AND BEING MORE
  PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:  WITH ALL
  BEARINGS BASED ON THE EAST LINE OF THE AFOREMENTIONED CALLED 8.6445
  ACRE TRACT, BEING THE EAST LINE OF THE HEREIN DESCRIBED 8.632 ACRE
  TRACT, AND BEING WITHIN THE MARGINS OF MACEK ROAD AND BEING SOUTH 26
  DEGREES 13 MINUTES 00 SECONDS WEST.
         BEGINNING at a 5/8 inch iron rod found at the lower south
  corner of the aforementioned called 8.6445 acre tract of land, same
  being the west corner of an adjoining called 0.50 acre tract of land
  described in deed recorded in County Clerk's File No. 1999018432,
  Official Public Records, Fort Bend County, Texas, being in the
  northeast line of an adjoining called 53.9470 acre tract of land
  described in deed recorded in County Clerk's File No. 9725698,
  Official Public Records, Fort Bend County, Texas, as located within
  the margins of Macek Road and being the lower south corner and Place
  of Beginning of the herein described 8.632 acre tract of land;
         THENCE North 65 degrees 05 minutes 45 seconds West (called
  North 65 degrees 01 minute West) along the common line of the
  aforementioned called 8.6445 acre tract of land and the
  aforementioned adjoining called 53.9470 acre tract of land as
  located in Macek Road, 280.37 feet (called 280.10 feet) to a cotton
  picker spindle set on said line for the lower west corner of the
  herein described 8.632 acre tract of land;
         THENCE North 26 degrees 13 minutes 00 seconds East (called
  North 26 degrees 13 minutes East), 20.00 feet (called 20.00 feet) to
  a 2 inch iron bar found in the northeast margin of Macek Road for a
  re-entry corner to the herein described 8.632 acre tract of land,
  from which point a found 3/4 inch iron pipe bears North 22 degrees
  18 minutes 20 seconds East, 1.30 feet;
         THENCE North 65 degrees 01 minute 50 seconds West (called
  North 65 degrees 01 minute West) along the northeast line of Macek
  Road, 123.34 feet (called 123.66 feet) to a 5/8 inch iron rod found
  for the upper west corner of the herein described 8.632 acre tract
  of land, same being the upper west corner of the aforementioned
  called 8.6445 acre tract of land, and being the south corner of an
  adjoining called 1.00 acre tract of land described in deed recorded
  in County Clerk's File No. 9576651, Official Public Records, Fort
  Bend County, Texas;
         THENCE North 26 degrees 04 minutes 39 seconds East (called
  North 26 degrees 03 minutes 53 seconds East) along the common line
  of the aforementioned called 8.6445 acre tract of land, and the
  aforementioned adjoining called 1.00 acre tract of land, at 435.72
  feet pass a 2 inch iron pipe found on said line for the east corner
  of the aforementioned adjoining called 1.00 acre tract of land,
  same being a south corner of an adjoining residue of a called 20
  acre tract of land recorded in Cause No. 16049, Probate Records,
  Fort Bend County, Texas, and described in Volume 704, Page 1, Deed
  Records, Fort Bend, County, Texas, at 1,404.00 feet pass a 2 inch
  iron pipe with cap marked "Kalkomey Surveying" set for reference on
  said line at the southerly high bank of Rabbs Bayou and continuing
  for a total distance of 1,565.62 feet (called 1,565.62 feet) to a
  point in the center line of Rabbs Bayou for the north corner of the
  herein described 8.632 acre tract of land, same being the north
  corner of said called 8.6445 acre tract of land, being in the
  southeast line of the aforementioned adjoining residue of a called
  20 acre tract of land, and being a west corner of an adjoining
  called 10.5247 acre tract of land described in deed recorded in
  County Clerk's File No. 2000023853, Official Public Records, Fort
  Bend County, Texas;
         THENCE South 84 degrees 56 minutes 49 seconds East (called
  South 86 degrees 04 minutes 53 seconds East) along the center line
  of Rabbs Bayou, being the common line of the aforementioned called
  8.6445 acre tract of land and the aforementioned adjoining called
  10.5247 acre tract of land, 136.30 feet (called 138.10 feet) to a
  point in the center line of Rabbs Bayou for the upper east corner of
  the herein described 8.632 acre tract of land, same being the north
  corner of an adjoining residue of a called 17.86 acre tract of land
  (4.0591 acres) described in deed recorded in Volume 140, Page 114,
  Deed Records, Fort Bend County, Texas;
         THENCE South 26 degrees 13 minutes 00 seconds West (called
  South 26 degrees 13 minutes 00 seconds West) along the common line
  of the aforementioned called 8.6445 acre tract of land and the
  aforementioned adjoining residue of a called 17.86 acre tract of
  land, at 103.00 feet pass a 2 inch iron pipe found on said line for
  reference at the southerly high bank of Rabbs Bayou, and continuing
  for a total distance of 596.89 feet (called 602.27 feet) to a 2 inch
  iron pipe found for a re-entry corner to the herein described 8.632
  acre tract of land, same being the west corner of the aforementioned
  adjoining residue of a called 17.86 acre tract of land;
         THENCE South 65 degrees 52 minutes 28 seconds East (called
  South 66 degrees 16 minutes 00 seconds East) continuing along the
  common line of said called 8.6445 acre tract of land and the
  aforementioned adjoining residue of a called 17.86 acre tract of
  land, at 0.74 feet pass a 3/4 inch iron pipe found on said line, at
  250.46 feet pass a 2 inch iron pipe found on said line at its
  intersection with the northwest line of Macek Road, and continuing
  for a total distance of 280.48 feet (called 280.30 feet) to a cotton
  picker spindle found for the middle east corner of the herein
  described 8.632 acre tract of land, same being the south corner of
  the aforementioned adjoining residue of a called 17.86 acre tract
  of land, and being in the northwest line of an adjoining called 1.0
  acre tract of land described in deed recorded in Volume 2425, Page
  1179, Official Records, Fort Bend County, Texas;
         THENCE South 26 degrees 13 minutes 00 seconds West (called
  South 26 degrees 13 minutes 00 seconds West) along the common line
  of said called 8.6445 acre tract of land and the aforementioned
  adjoining called 1.0 acre tract of land, and an adjoining called
  0.50 acre tract of land described in deed recorded in Volume 2425,
  Page 1183, Official Records, Fort Bend County, Texas, as located in
  Macek Road, 60.00 feet (called 60.00 feet) to a cotton picker
  spindle set for the upper south corner of the herein described 8.632
  acre tract of land, same being the east corner of an adjoining
  called 2.608 acre tract of land described in deed recorded in Volume
  664, Page 720, Deed Records, Fort Bend County, Texas;
         THENCE North 66 degrees 18 minutes 16 seconds West (called
  North 66 degrees 16 minutes 00 seconds West) along the common line
  of said called 8.6445 acre tract of land and the aforementioned
  adjoining called 2.608 acre tract of land, at 30.02 feet pass a 5/8
  inch iron rod found on said line at its intersection with the
  northwest line of Macek Road, and continuing for a total distance of
  280.57 feet (called 280.30 feet) to a 5/8 inch iron rod found for a
  re-entry corner to the herein described 8.632 acre tract of land,
  same being the north corner of the aforementioned adjoining called
  2.608 acre tract of land;
         THENCE South 26 degrees 13 minutes 00 seconds West (called
  South 26 degrees 13 minutes 00 seconds West) continuing along the
  common line of said called 8.6445 acre tract of land and the
  aforementioned adjoining called 2.608 acre tract of land, 405.61
  feet (called 405.61 feet) to a 2 inch iron pipe with cap marked
  "Kalkomey Surveying" set for a re-entry corner to the herein
  described 8.632 acre tract of land, same being the west corner of
  the aforementioned adjoining called 2.608 acre tract of land, from
  which a found 3/4 inch iron pipe bears north 54 degrees 39 minutes
  05 seconds East, 2.00 feet;
         THENCE South 66 degrees 19 minutes 55 seconds East (called
  South 66 degrees 16 minutes 00 seconds East) continuing along the
  common line of said called 8.6445 acre tract of land and the
  aforementioned adjoining called 2.608 acre tract of land, at 250.55
  feet pass a 2 inch iron pipe with cap marked "Kalkomey Surveying"
  set on said line at its intersection with the northwest line of
  Macek Road, and continuing for a total distance of 280.58 feet
  (called 280.30 feet) to a cotton picker spindle set for the lower
  east corner of the herein described 8.632 acre tract of land, being
  the south corner of the aforementioned adjoining called 2.608 acre
  tract of land, and being in the northwest line of an adjoining
  called 0.515 acre tract of land described in deed recorded in Volume
  2060, Page 1525, Official Records, Fort Bend County, Texas;
         THENCE South 26 degrees 13 minutes 00 seconds West (called
  South 26 degrees 13 minutes 00 seconds West) along the
  southeasterly line of said called 8.6445 acre tract of land as
  located in Macek Road, same being the northwest line of the
  aforementioned adjoining called 0.515 acre tract of land, and the
  northwest line of an adjoining called 1.0 acre tract of land
  described in deed recorded in Volume 485, Page 320, Deed Records,
  Fort Bend County, Texas, the northwest line of an adjoining residue
  of a called 1.0 acre tract of land described in deed recorded in
  Volume 559, Page 59, Deed Records, Fort Bend County, Texas, the
  northwest line of an adjoining called 0.50 acre tract of land
  described in County Clerk's File No. 9887910, Official Public
  Records, Fort Bend County, Texas, the northwest line of an
  adjoining called 2 acre tract described in deed recorded in Volume
  594, Page 861, Deed Records, Fort Bend County, Texas, the northwest
  line of an adjoining called 0.500 acre tract of land described in
  deed recorded in County Clerk's File No. 9520600, Official Public
  Records, Fort Bend County, Texas, and the northwest line of the
  aforementioned adjoining called 0.50 acre tract of land described
  in County Clerk's File No. 1999018432, Official Public Records,
  Fort Bend County, Texas, 573.59 feet (called 573.59 feet) to the
  Place of Beginning and containing 8.632 acres of land, with 0.550
  acre within the margins of Macek Road, for a net acreage of 8.092
  acres of land, more or less.
         TRACT III
         Being a 53.91-acre (2,348,320 square feet) tract of land
  situated in the Abner Kuykendall League, A-48, Fort Bend County,
  Texas, and being all of a called 53.9470-acre tract of land
  designated Tract "B" as recorded under File Number 9725698, Fort
  Bend County Official Records (F.B.C.O.R.).  Said 53.91-acre tract
  of land being more particularly described by metes and bounds as
  follows, with all bearings referenced to the Texas Coordinate
  System of 1983, South Central Zone.  All distances are surface based
  on N.G.S. Control Monument "HGCSD 70" 1983 adjustment:
         BEGINNING at a 5/8-inch iron rod with cap stamped "SURVCON
  INC." set marking the northerly right-of-way line of Thompson Road
  (F.M. 762)(100 feet wide) and being the most southerly
  southeasterly corner of said 53.9470 acre Tract "B", and being in
  the westerly line of a called 193-acre tract as recorded under
  Volume 487, Page 664 of said F.B.C.D.R.;
         THENCE, North 83°18'51" West, along said northerly
  right-of-way line, a distance of 198.65 feet to point from which a
  one-inch iron pipe found bears S 24°49' W, 0.64 feet for the common
  south corner of said Tracts "A" and "B";
         THENCE, North 20°11'32" East, departing said northerly
  right-of-way line and along the common line to said 53.9470-acre
  Tract "B" and called 53.9470-acre Tract "A" as recorded under File
  Number 9725698 of said F.B.C.O.R., a distance of 1,182.38 feet to a
  3/4-inch iron pipe found for an interior corner of the herein
  described tract;
         THENCE, North 68°02'25" West, along said common line, a
  distance of 1,294.57 feet to a 5/8-inch iron rod with cap stamped
  "SURVCON INC." found for westerly corner;
         THENCE, North 23°11'42" East, departing said common line, a
  distance of 459.12 feet to a 3/4-inch iron pipe found for an
  interior corner;
         THENCE, North 66°48'19" West, a distance of 250.30 feet to a
  3/4-inch iron pipe found for a corner and same being on the easterly
  right-of-way line of Macek Road (60 feet wide) as recorded under
  Volume 517, Page 590 of said F.B.C.D.R.;
         THENCE, North 23°11'34" East, along said easterly
  right-of-way line, a distance of 75.40 feet to a 5/8-inch iron rod
  with cap stamped "SURVCON INC." set for corner;
         THENCE, South 66°48'19" East, departing said easterly
  right-of-way line, a distance of 250.30 feet to a 1 1/2-inch iron
  pipe found for an interior corner;
         THENCE, North 23°11'42" East, a distance of 936.40 feet to a
  point for the most northwest corner of the herein described tract
  same being in the center line of Rabbs Bayou;
         THENCE, South 54°28'48" East, along said center line, a
  distance of 175.09 feet to an angle point;
         THENCE, South 60°15'56" East, along said center line, a
  distance of 554.12 feet to an angle point;
         THENCE, South 72°57'10" East, continuing along said center
  line, a distance of 260.14 feet to an angle point;
         THENCE, South 79°36'31" East, continuing along said center
  line, a distance of 246.18 feet to an angle point;
         THENCE, South 75°23'46" East, continuing along said center
  line, a distance of 166.22 feet to an angle point;
         THENCE, South 71°03'39" East, continuing along said center
  line, a distance of 82.35 feet to a point for the northeasterly
  corner of the herein described tract;
         THENCE, South 21°25'15" West, departing said center line, a
  distance of 2,581.44 feet to the POINT OF BEGINNING, containing a
  computed area of 53.91 acres (2,348,320 square feet) 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, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 994 passed the Senate on
  May 5, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 994 passed the House on
  May 25, 2009, by the following vote:  Yeas 141, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor