81(R) SB 2511 - Enrolled version

This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.



	S.B. No. 2511




	AN ACT
	relating to the creation of Chambers County Improvement District
	No. 2; providing authority to levy an assessment, 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 C, Title 4, Special District Local Laws
	Code, is amended by adding Chapter 3872 to read as follows:
	CHAPTER 3872. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 3872.001. DEFINITIONS. In this chapter:
	(1) "Board" means the board of directors of the
	district.
	(2) "Director" means a board member.
	(3) "District" means the Chambers County Improvement
	District No. 2.
	Sec. 3872.002. NATURE OF DISTRICT. The district is a
	special district created under Sections 52 and 52-a, Article III,
	and Section 59, Article XVI, Texas Constitution.
	Sec. 3872.003. 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. 3872.004. CONSENT OF MUNICIPALITY REQUIRED. The
	temporary directors may not hold an election under Section 3872.003
	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. 3872.005. PURPOSE; DECLARATION OF INTENT. (a) The
	creation of the district is essential to accomplish the purposes of
	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
	Texas Constitution, and other public purposes stated in this
	chapter. By creating the district, the legislature has established
	a program to accomplish the public purposes set out in Sections 52
	and 52-a, Article III, Texas Constitution.
	(b) The creation of the district is necessary to promote,
	develop, encourage, and maintain employment, commerce,
	transportation, housing, tourism, recreation, the arts,
	entertainment, economic development, safety, and the public
	welfare in the district.
	(c) This chapter and the creation of the district may not be
	interpreted to relieve the City of Baytown, Chambers County, or any
	other governmental entity from providing the level of services
	provided, as of the effective date of the Act creating this chapter,
	to the area in the district. The district is created to supplement
	and not to supplant the governmental services provided in the area
	in the district.
	Sec. 3872.006. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
	(a) The district is created to serve a public use and benefit.
	(b) All land and other property included in the district
	will benefit from the improvements and services to be provided by
	the district under powers conferred by Sections 52 and 52-a,
	Article III, and Section 59, Article XVI, Texas Constitution, and
	other powers granted under this chapter.
	(c) The creation of the district is in the public interest
	and is essential to:
	(1) further the public purposes of developing and
	diversifying the economy of the state;
	(2) eliminate unemployment and underemployment; and
	(3) develop or expand transportation and commerce.
	(d) The district will:
	(1) promote the health, safety, and general welfare of
	residents, employers, potential employees, employees, visitors,
	and consumers in the district, and of the public;
	(2) provide needed funding for the district to
	preserve, maintain, and enhance the economic health and vitality of
	the district territory as a community and business center;
	(3) promote the health, safety, welfare, and enjoyment
	of the public by providing pedestrian ways and by landscaping and
	developing certain areas in the district, which are necessary for
	the restoration, preservation, and enhancement of scenic beauty;
	and
	(4) provide for water, wastewater, drainage, road, and
	recreational facilities for the district.
	(e) Pedestrian ways along or across a street, whether at
	grade or above or below the surface, and street lighting, street
	landscaping, parking, and street art objects are parts of and
	necessary components of a street and are considered to be a street
	or road improvement.
	(f) The district will not act as the agent or
	instrumentality of any private interest even though the district
	will benefit many private interests as well as the public.
	Sec. 3872.007. 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 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 the bond;
	(3) right to impose or collect an assessment or tax; or
	(4) legality or operation.
	Sec. 3872.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
	All or any part of the area of the district may be included in:
	(1) a tax increment reinvestment zone created under
	Chapter 311, Tax Code;
	(2) a tax abatement reinvestment zone created under
	Chapter 312, Tax Code;
	(3) an enterprise zone created under Chapter 2303,
	Government Code; or
	(4) an industrial district created under Chapter 42,
	Local Government Code.
	Sec. 3872.009. APPLICABILITY OF MUNICIPAL MANAGEMENT
	DISTRICTS LAW. Except as otherwise provided by this chapter,
	Chapter 375, Local Government Code, applies to the district.
	Sec. 3872.010. LIBERAL CONSTRUCTION OF CHAPTER. This
	chapter shall be liberally construed in conformity with the
	findings and purposes stated in this chapter.
	[Sections 3872.011-3872.050 reserved for expansion]
	SUBCHAPTER B. BOARD OF DIRECTORS
	Sec. 3872.051. GOVERNING BODY; TERMS. (a) The district is
	governed by a board of five directors elected or appointed as
	provided by this chapter and Chapter 49, Water Code.
	(b) Except as provided by Section 3872.052, directors serve
	staggered four-year terms.
	Sec. 3872.052. 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 3872.003; 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 3872.003 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 3872.003; 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 Texas Commission on Environmental
	Quality 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.
	Sec. 3872.053. COMPENSATION. A director is entitled to
	receive fees of office and reimbursement for actual expenses as
	provided by Section 49.060, Water Code, for directors of a
	municipal utility district. Sections 375.069 and 375.070, Local
	Government Code, do not apply to the board.
	[Sections 3872.054-3872.100 reserved for expansion]
	SUBCHAPTER C. POWERS AND DUTIES
	Sec. 3872.101. GENERAL POWERS. (a) The district may
	purchase, construct, acquire, own, operate, maintain, improve, or
	extend, inside and outside the district, works, facilities, and
	improvements necessary or convenient to accomplish the purposes of
	the district authorized by Sections 52 and 52-a, Article III, and
	Section 59, Article XVI, Texas Constitution.
	(b) The district has the rights, powers, privileges,
	authority, and functions conferred by the general law of this state
	applicable to:
	(1) a municipal management district, including
	Chapter 375, Local Government Code; and
	(2) municipal utility districts, including Chapters
	49 and 54, Water Code.
	Sec. 3872.102. RECREATIONAL FACILITIES. The district may
	develop or finance recreational facilities as authorized by Chapter
	375, Local Government Code, Sections 52 and 52-a, Article III,
	Texas Constitution, and any other law that applies to the district.
	Sec. 3872.103. EVALUATION OF FEASIBILITY. For purposes of
	any applicable evaluation by the Texas Commission on Environmental
	Quality of the economic feasibility of the district or its project
	and bonds, debt service tax rate, maintenance tax rate, or
	overlapping tax rate, the commission shall treat the district as a
	municipal utility district situated wholly within Harris County,
	Texas.
	Sec. 3872.104. AUTHORITY FOR ROAD PROJECTS. 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 or improvements,
	including storm drainage, in aid of those roads.
	Sec. 3872.105. ROAD STANDARDS AND REQUIREMENTS. (a) A
	road project must meet all applicable construction standards,
	zoning and subdivision requirements, and regulations of each
	municipality in whose corporate limits or extraterritorial
	jurisdiction the road project is located.
	(b) If a road project is not located in the corporate limits
	or extraterritorial jurisdiction of a municipality, the road
	project must meet all applicable construction standards,
	subdivision requirements, and regulations of each county in which
	the road project is located.
	(c) If the state will maintain and operate the road, the
	Texas Transportation Commission must approve the plans and
	specifications of the road project.
	Sec. 3872.106. DEVELOPMENT CORPORATION POWERS. The
	district may exercise the powers given to a development corporation
	under Chapter 505, Local Government Code, including the power to
	own, operate, acquire, construct, lease, improve, or maintain a
	project described by that chapter.
	Sec. 3872.107. NONPROFIT CORPORATION. (a) The board by
	resolution may authorize the creation of a nonprofit corporation to
	assist and act for the district in implementing a project or
	providing a service authorized by this chapter.
	(b) The nonprofit corporation:
	(1) has each power of and is considered for purposes of
	this chapter to be a local government corporation created under
	Chapter 431, Transportation Code; and
	(2) may implement any project and provide any service
	authorized by this chapter.
	(c) The board shall appoint the board of directors of the
	nonprofit corporation. The board of directors of the nonprofit
	corporation shall serve in the same manner as the board of directors
	of a local government corporation created under Chapter 431,
	Transportation Code, except that a member of the corporation's
	board of directors is not required to reside in the district.
	Sec. 3872.108. AGREEMENTS; GRANTS. (a) The district may
	make an agreement with or accept a gift, grant, or loan from any
	person.
	(b) The implementation of a project is a governmental
	function or service for the purposes of Chapter 791, Government
	Code.
	Sec. 3872.109. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
	To protect the public interest, the district may contract with a
	qualified party, including Chambers County or the City of Baytown,
	for the provision of law enforcement services in the district for a
	fee.
	Sec. 3872.110. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
	district may join and pay dues to a charitable or nonprofit
	organization that performs a service or provides an activity
	consistent with the furtherance of a district purpose.
	Sec. 3872.111. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
	district may establish and provide for the administration of one or
	more programs to promote state or local economic development and to
	stimulate business and commercial activity in the district,
	including programs to:
	(1) make loans and grants of public money; and
	(2) provide district personnel and services.
	(b) The district has all of the powers of a municipality
	under Chapter 380, Local Government Code.
	Sec. 3872.112. STRATEGIC PARTNERSHIP AGREEMENT. The
	district may negotiate and enter into a written strategic
	partnership agreement with a municipality under Section 43.0751,
	Local Government Code.
	Sec. 3872.113. LIMITED EMINENT DOMAIN. (a) The district
	may exercise the power of eminent domain only for the purposes, only
	to the extent, and subject to the limitations the general law
	provides for a municipal utility district.
	(b) 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 3872.104; or
	(2) a recreational facility as defined by Section
	49.462, Water Code.
	Sec. 3872.114. ANNEXATION OR EXCLUSION OF LAND. (a) The
	district may annex land as provided by Subchapter J, Chapter 49,
	Water Code.
	(b) The district may exclude land as provided by Subchapter
	J, Chapter 49, Water Code. Section 375.044(b), Local Government
	Code, does not apply to the district.
	Sec. 3872.115. FIREFIGHTING AND EMERGENCY MEDICAL
	SERVICES. Subchapter L, Chapter 49, Water Code, applies to the
	district.
	[Sections 3872.116-3872.150 reserved for expansion]
	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
	Sec. 3872.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
	board by resolution shall establish the number of directors'
	signatures and the procedure required for a disbursement or
	transfer of the district's money.
	Sec. 3872.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
	The district may acquire, construct, finance, operate, maintain, or
	provide any works, facilities, improvements, or services
	authorized under this chapter, Chapter 375, Local Government Code,
	or Chapters 49 and 54, Water Code, using any money available to the
	district.
	Sec. 3872.153. PETITION REQUIRED FOR FINANCING SERVICES AND
	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
	service or improvement project with assessments under this chapter
	unless a written petition requesting that service or improvement
	has been filed with the board.
	(b) A petition filed under Subsection (a) must be signed by:
	(1) the owners of a majority of the assessed value of
	real property in the district subject to assessment according to
	the most recent certified tax appraisal roll for Chambers County;
	or
	(2) at least 25 persons who own real property in the
	district subject to assessment, if more than 25 persons own real
	property in the district subject to assessment as determined by the
	most recent certified tax appraisal roll for Chambers County.
	Sec. 3872.154. METHOD OF NOTICE FOR HEARING. The district
	may mail the notice required by Section 375.115(c), Local
	Government Code, by certified or first class United States mail.
	The board shall determine the method of notice.
	Sec. 3872.155. ASSESSMENTS; LIENS FOR ASSESSMENTS.
	(a) The board by resolution may impose and collect an assessment
	for any purpose authorized by this chapter in all or any part of the
	district.
	(b) An assessment, a reassessment, or an assessment
	resulting from an addition to or correction of the assessment roll
	by the district, penalties and interest on an assessment or
	reassessment, an expense of collection, and reasonable attorney's
	fees incurred by the district are:
	(1) a first and prior lien against the property
	assessed;
	(2) superior to any other lien or claim other than a
	lien or claim for county, school district, or municipal ad valorem
	taxes; and
	(3) the personal liability of and a charge against the
	owners of the property even if the owners are not named in the
	assessment proceedings.
	(c) The lien is effective from the date of the board's
	resolution imposing the assessment until the date the assessment is
	paid. The board may enforce the lien in the same manner that the
	board may enforce an ad valorem tax lien against real property.
	(d) The board may make a correction to or deletion from the
	assessment roll that does not increase the amount of assessment of
	any parcel of land without providing notice and holding a hearing in
	the manner required for additional assessments.
	Sec. 3872.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
	ASSESSMENTS. The district may not impose an impact fee or
	assessment on the property, including the equipment,
	rights-of-way, facilities, or improvements, of:
	(1) an electric utility or a power generation company
	as defined by Section 31.002, Utilities Code;
	(2) a gas utility as defined by Section 101.003 or
	121.001, Utilities Code;
	(3) a telecommunications provider as defined by
	Section 51.002, Utilities Code; or
	(4) a person who provides to the public cable
	television or advanced telecommunications services.
	Sec. 3872.157. OPERATION AND MAINTENANCE TAX. (a) If
	authorized at an election held in accordance with Section 3872.161,
	the district may impose an operation and maintenance tax on taxable
	property in the district in accordance with Section 49.107, Water
	Code, for any district purpose, including to:
	(1) maintain and operate the district;
	(2) construct or acquire improvements; or
	(3) provide a service.
	(b) The board shall determine the tax rate. The rate may not
	exceed the rate approved at the election.
	Sec. 3872.158. 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.
	Sec. 3872.159. AUTHORITY TO BORROW MONEY AND TO ISSUE
	BONDS. (a) The district may borrow money on terms and conditions
	as determined by the board. Section 375.205, Local Government
	Code, does not apply to a loan, line of credit, or other borrowing
	from a bank or financial institution secured by revenue other than
	ad valorem taxes.
	(b) The district may issue bonds, notes, or other
	obligations payable wholly or partly from ad valorem taxes,
	assessments, impact fees, revenue, contract payments, grants, or
	other district money, or any combination of those sources of money,
	to pay for any authorized district purpose.
	Sec. 3872.160. 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 annual 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. 3872.161. ELECTIONS REGARDING TAXES AND BONDS.
	(a) The district may issue, without an election, bonds, notes, and
	other obligations secured by:
	(1) revenue other than ad valorem taxes; or
	(2) contract payments described by Section 3872.158.
	(b) The district must hold an election in the manner
	provided by Subchapter L, Chapter 375, Local Government 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.
	(d) 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.
	Sec. 3872.162. COMPETITIVE BIDDING. Subchapter I, Chapter
	49, Water Code, applies to the district. Sections 375.221 and
	375.223, Local Government Code, do not apply to the district.
	Sec. 3872.163. TAX AND ASSESSMENT ABATEMENTS. The district
	may grant in the manner authorized by Chapter 312, Tax Code, an
	abatement for a tax or assessment owed to the district.
	[Sections 3872.164-3872.200 reserved for expansion]
	SUBCHAPTER E. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
	PROPERTY
	Sec. 3872.201. AUTHORITY TO ESTABLISH DEFINED AREAS OR
	DESIGNATED PROPERTY. The district may define areas or designate
	certain property of the district to pay for improvements,
	facilities, or services that primarily benefit that area or
	property and do not generally and directly benefit the district as a
	whole.
	Sec. 3872.202. PROCEDURE FOR ELECTION. (a) Before the
	district may impose an ad valorem tax or issue bonds payable from ad
	valorem taxes of the defined area or designated property, the board
	shall call and hold an election in the defined area or within the
	boundaries of the designated property only.
	(b) The election shall be conducted as provided by Section
	3872.161.
	(c) The board may submit the issues to the voters on the same
	ballot to be used in another election.
	Sec. 3872.203. DECLARING RESULTS AND ISSUING ORDER.
	(a) If a majority of the voters voting at the election approve the
	proposition or propositions, the board shall declare the results
	and, by order, shall establish the defined area and describe it by
	metes and bounds or designate the specific property.
	(b) The board's order is not subject to judicial review
	except on the ground of fraud, palpable error, or arbitrary and
	confiscatory abuse of discretion.
	Sec. 3872.204. TAXES FOR IMPROVEMENTS AND FACILITIES IN
	DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and
	adoption of the order described by Section 3872.203, the district
	may apply separately, differently, equitably, and specifically its
	taxing power and lien authority to the defined area or designated
	property to provide money to construct, administer, maintain, and
	operate services, improvements, and facilities that primarily
	benefit the defined area or designated property.
	Sec. 3872.205. ISSUANCE OF BONDS FOR DEFINED AREA OR
	DESIGNATED PROPERTY. After the order under Section 3872.203 is
	adopted, the district may issue bonds to provide for any land,
	improvements, facilities, plants, equipment, and appliances for
	the defined area or designated property.
	[Sections 3872.206-3872.250 reserved for expansion]
	SUBCHAPTER F. MUNICIPAL ANNEXATION AND EFFECT ON MUNICIPAL POWERS
	Sec. 3872.251. MUNICIPAL ANNEXATION OF THE DISTRICT.
	Notwithstanding Chapter 43, Local Government Code, a municipality
	in whose extraterritorial jurisdiction the district is located may
	annex all or part of the district. Municipal annexation of all or
	part of the district has no effect on the validity of the district
	and the district shall continue to exist and exercise the powers
	granted by this Act. Municipal annexation does not result in total
	or partial dissolution of the district or an assumption by the
	annexing municipality of any of the district's obligations or
	indebtedness.
	Sec. 3872.252. EFFECT ON MUNICIPAL POWERS. (a) The
	creation of the district does not affect the power of a municipality
	in whose extraterritorial jurisdiction the district or part of the
	district lies to:
	(1) designate all or part of the district as an
	industrial district;
	(2) limit a power of the municipality conferred by
	Chapter 42, Local Government Code; or
	(3) provide municipal services to any area in the
	municipality or its extraterritorial jurisdiction that is also in
	the district.
	(b) The creation of the district does not affect the power
	the municipality had before the district was created to spend money
	or provide services.
	SECTION 2. Chambers County Improvement District No. 2
	initially includes all territory contained in the following area:
	A certain 723.06 acre tract, situated in the G. L. Short
	Survey, Abstract No. 228, the R. A. Porter Survey, Abstract No. 205
	in Chambers County, Texas; being all of a called 1.9725 acre tract
	(Tract 1), all of a called 17.5648 acre tract (Tract 2), all of a
	called 665.8778 acre tract (Tract 3), and all of a called 37.6437
	acre tract (Tract 4) described in Deed of Trust recorded in Volume
	(08) 1053, Page 719 of the Chambers County Official Public Records;
	said 723.06 acre tract being comprised of four tracts and being more
	particularly described as follows with all bearings being based on
	the Texas Coordinate System, South Central Zone, NAD83;
	Tract I - 1.97 acres
	BEGINNING at the northeast corner of said called 1.9725 acre
	tract, being in the north right-of-way line of Farm to Market Road
	No. 565 (Old Alignment), as recorded in Volume 120, Page 475 of the
	Chambers County Deed Records;
	THENCE, along the southeast line of the said 1.9725 acre
	tract, common with the northwest right-of-way line of said Farm to
	Market Road No. 565 (Old Alignment), along the arc of a curve to the
	left having a radius of 612.96 feet, a central angle of 80°06'02", an
	arc length of 856.93 feet, and a long chord bearing South 38°32'49"
	West, 788.83 feet, to a point for corner;
	THENCE, South 01°30'10" East, continuing along said common
	line, 51.93 feet to a point for corner marking the southern corner
	of the said 1.9725 acre tract, being in the east line of a called
	63.623 acre tract as recorded in Volume (07) 995, Page 26 of the
	Chambers County Official Public Records;
	THENCE, North 13°22'45" West, along the west line of the said
	1.9725 acre tract, common with the east line of the said 63.623 acre
	tract, 559.38 feet to the northwest corner of the said 1.9725 acre
	tract, common with a southwest corner of a called 92.8172 acre tract
	as recorded in Volume (07) 943, Page 142 of the Chambers County
	Official Public Records;
	THENCE, North 78°37'32" East, along the north line of said
	1.9725 acre tract, common with a south line of said 92.8172 acre
	tract, 632.05 feet to the POINT OF BEGINNING, CONTAINING 1.97 acres
	of land in Chambers County, Texas.
	Tract II - 17.56 acres;
	BEGINNING at the northeast corner of the aforementioned
	17.5648 acre tract, being in the south right-of-way line of the
	aforementioned Farm to Market Road No. 565 (Old Alignment);
	THENCE, South 17°51'16" East, 48.43 feet to the beginning of a
	non-tangent curve to the left in the north right-of-way line of Farm
	to Market Road No. 565 (new right-of-way location) as described in
	Volume (90) 104, Page 441 of the Chambers County Official Public
	Records;
	THENCE, along the south line of the aforementioned 17.5648
	acre tract, common with the north right-of-way line of said Farm to
	Market Road No. 565 (new right-of-way location) the following three
	(3) courses and distances:
	1. Along the arc of said non-tangent curve to the left having
	a radius of 1,969.86 feet, a central angle of 14°10'39", an
	arc length of 487.43 feet, and a long chord bearing South
	50°41'22" West, 486.19 feet to a point for corner;
	2. South 43°36'03" West, 894.38 feet to the beginning of a
	curve to the right;
	3. Along the arc of said curve to the right having a radius of
	1,849.86 feet, a central angle of 15°38'15", an arc length
	of 504.88 feet, and a long chord bearing South 51°25'10"
	West, 503.31 feet to a point for corner;
	THENCE, North 13°25'03" West, 198.68 feet to the beginning of
	a non-tangent curve to the left;
	THENCE, along the arc of said curve to the left having a
	radius of 612.96 feet, a central angle of 10°10'16", an arc length of
	108.81 feet, and a long chord bearing North 03°34'57" East, 108.67
	feet to a point for corner;
	THENCE, North 01°30'10" West, 278.30 feet to the beginning of
	a curve to the right;
	THENCE, along the arc of said curve to the right having a
	radius of 532.96 feet, a central angle of 80°05'59", an arc length of
	745.08 feet, and a long chord bearing North 38°32'49" East, 685.87
	feet to a point for corner;
	THENCE, North 78°37'32" East, 1,010.63 feet to the POINT OF
	BEGINNING, CONTAINING 17.56 acres of land in Chambers County,
	Texas.
	Tract III - 665.89 acres
	BEGINNING at the northeast corner of the said 665.8778 acre
	tract, being in the south right-of-way line of the aforementioned
	Farm to Market Road No. 565 (new right-of-way location);
	THENCE, South 02°31'31" East, 2,829.73 feet to a point for
	corner;
	THENCE, North 87°11'15" East, 2,512.35 feet to a point for
	corner;
	THENCE, South 02°47'49" East, 1,273.52 feet to a point for
	corner;
	THENCE, South 32°41'35" West, 1,392.72 feet to a point for
	corner;
	THENCE, South 31°38'35" West, 3,151.63 feet to the beginning
	of a curve to the left;
	THENCE, along the arc of said curve to the left having a
	radius of 580.00 feet, a central angle of 28°30'23", an arc length of
	288.57 feet, and a long chord bearing South 17°23'24" West, 285.60
	feet to a point for corner;
	THENCE, South 77°19'54" West, 641.27 feet to a point for
	corner;
	THENCE, North 12°47'30" West, 3,758.66 feet to a point for
	corner;
	THENCE, South 77°18'04" West, 2,710.22 feet to a point for
	corner;
	THENCE, North 12°19'24" West, 3,101.61 feet to a point for
	corner;
	THENCE, North 77°09'13" East, 554.11 feet to the beginning of
	a curve to the left;
	THENCE, along the arc of said curve to the left having a
	radius of 1,969.86 feet, a central angle of 08°25'45", an arc length
	of 289.80 feet, and a long chord bearing North 72°56'20" East,
	289.54 feet to a point for corner;
	THENCE, North 76°55'21" East, 282.15 feet to a point for
	corner;
	THENCE, North 13°25'02" West, 61.94 feet to the beginning of a
	non-tangent curve to the left;
	THENCE, along the arc of said curve to the left having a
	radius of 1,969.86 feet, a central angle of 16°43'28", an arc length
	of 575.00 feet, and a long chord bearing North 51°57'47" East,
	572.96 feet to a point for corner;
	THENCE, North 43°36'03" East, 894.38 feet to the beginning of
	a curve to the right;
	THENCE, along the arc of said curve to the right having a
	radius of 1,849.86 feet, a central angle of 35°00'00", an arc length
	of 1,130.02 feet, and a long chord bearing North 61°06'03" East,
	1,112.53 feet to a point for corner;
	THENCE, North 78°36'03" East, 522.22 feet to the beginning of
	a curve to the right;
	THENCE, along the arc of said curve to the right having a
	radius of 5,669.58 feet, a central angle of 01°02'10", an arc length
	of 102.52 feet, and a long chord bearing North 79°07'09" East,
	102.52 feet to a point for corner;
	THENCE, North 79°38'13" East, 840.21 feet to the POINT OF
	BEGINNING, CONTAINING 665.89 acres of land in Chambers County,
	Texas.
	Tract IV - 37.64 acres
	BEGINNING at the north corner of the aforementioned called
	37.6437 acre tract, being in the southeast line of the Coastal
	Industrial Water Authority Canal (called 180-feet wide) as recorded
	in Volume 308, Page 281 of the Chambers County Deed Records;
	THENCE, South 02°47'49" East, along the east line of the said
	37.6437 acre tract, common with the east line of the remainder of a
	called 210.29 acre tract as recorded in Volume 172, Page 166 of the
	Chambers County Deed Records, 2,158.70 feet to a point for corner
	marking the southeast corner of the said 37.6437 acre tract, common
	with the northeast corner of a called 59.974 acre tract recorded in
	Volume 165, Page 456, of the Chambers County Deed Records;
	THENCE, South 87°14'55" West, along the south line of the said
	37.6437 acre tract, common with the north line of said 59.974 acre
	tract, 1,504.79 feet to a point for corner marking the southwest
	corner of the said 37.6437 acre tract being in the southeast line of
	the aforementioned Coastal Industrial Water Authority Canal;
	THENCE, North 31°38'35" East, along the northwest line of the
	said 37.6437 acre tract, common with the being in the southeast line
	of the aforementioned Coastal Industrial Water Authority Canal,
	1,491.90 feet to a point for corner,
	THENCE, North 32°41'35" East, continuing along said common
	line, 1,138.65 feet to the POINT OF BEGINNING, CONTAINING 37.64
	acres of land in Chambers County, Texas along with the herein
	described 1.97 acre tract (Tract I), and the herein described 17.56
	acre tract (Tract II), and the herein described 665.88 acres (Tract
	III) for a total acreage of 723.06 acres.
	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,
	lieutenant governor, and speaker of the house of representatives
	within the required time.
	(d) The general law relating to consent by political
	subdivisions to the creation of districts with conservation,
	reclamation, and road powers and the inclusion of land in those
	districts has been complied with.
	(e) 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 have been
	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. 2511 passed the Senate on
	May 12, 2009, by the following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 2511 passed the House on
	May 26, 2009, by the following vote: Yeas 143, Nays 0, one
	present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor