82(R) HB 3819 - Enrolled version

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	H.B. No. 3819

AN ACT

relating to the creation of the Valencia Municipal Management

District No. 1; providing authority to levy an assessment and issue

bonds.

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 3868 to read as follows:

CHAPTER 3868. VALENCIA MUNICIPAL MANAGEMENT DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3868.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "County" means Denton County, Texas.

(3) "Development agreement" means the "Valencia on the

Lake Pre-Annexation Agreement, Development Agreement, Public

Improvement District Agreement and Tax Increment Reinvestment Zone

Agreement," effective December 16, 2008, as recorded on January 5,

2009, in the real property records of Denton County, Texas, as

Instrument Number 2009-499, as amended by the "First Amendment to

the Valencia on the Lake Pre-Annexation Agreement, Development

Agreement, Public Improvement District Agreement and Tax Increment

Reinvestment Zone Agreement," effective December 1, 2009, as

recorded on January 12, 2010, in the real property records of Denton

County, Texas, as Instrument Number 2010-2983, between the town and

Valencia on the Lake, L.P., a Texas limited partnership, as may be

amended.

(4) "Director" means a board member.

(5) "District" means the Valencia Municipal

Management District No. 1.

(6) "Town" means the Town of Little Elm, Texas.

Sec. 3868.002. CREATION AND 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. 3868.003. PURPOSE; LEGISLATIVE FINDINGS. (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 and in authorizing the town and

other political subdivisions to contract with the district, the

legislature has established a program to accomplish the public

purposes set out in Section 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.

interpreted to relieve the town or county from providing the level

of services provided to the area in the district as of the effective

date of the Act enacting this chapter. The district is created to

supplement and not to supplant the town and county services

provided in the district.

Sec. 3868.004. 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.

municipal management district as provided by general law and

Sections 52 and 52-a, Article III, and Section 59, Article XVI,

Texas Constitution.

(d) 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.

(e) 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; and

(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.

(f) 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.

(g) 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. 3868.005. DISTRICT TERRITORY. (a) The district is

composed of the territory described by Section 2 of the Act enacting

this chapter, as that territory may have been modified under

Section 3868.113 or other law.

(b) The boundaries and field notes contained in Section 2 of

the Act enacting 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 contract;

(3) authority to borrow money or issue bonds or other

obligations described by Section 3868.201 or to pay the principal

and interest of the bonds or other obligations;

(4) right to impose or collect an assessment, or

collect other revenue; or

(5) legality or operation.

Sec. 3868.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.

(a) All or any part of the area of the district is eligible to 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.

(b) If the town creates a tax increment reinvestment zone

described by Subsection (a), the town and the board of directors of

the zone, by contract with the district, may grant money deposited

in the tax increment fund to the district to be used by the district

for:

(1) the purposes permitted for money granted to a

corporation under Section 380.002(b), Local Government Code; and

(2) any other district purpose, including the right to

pledge the money as security for any bonds issued by the district

under Section 3868.201.

the district is not subject to the limitations provided by Section

311.006, Tax Code.

Sec. 3868.007. LIBERAL CONSTRUCTION OF CHAPTER. This

chapter shall be liberally construed in conformity with the

findings and purposes stated in this chapter.

[Sections 3868.008-3868.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3868.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of three directors composed of:

(1) one director appointed by the governing body of

the town who meets the qualifications prescribed by Section

3868.052(a);

(2) the town manager; and

(3) the finance director of the town.

(b) An appointed director serves a term of four years.

Sec. 3868.052. QUALIFICATIONS OF APPOINTED DIRECTOR. (a)

To be qualified to serve as an appointed director under Section

3868.051(a)(1), a person must:

(1) meet the qualifications of Section 375.063, Local

Government Code;

(2) be a partner of a partnership that owns property in

the district;

(3) be an officer of a corporation that owns property

in the district;

(4) be a member or officer of a limited liability

company that owns property in the district; or

(5) be a member or officer of a limited liability

company that is a partner of a partnership that owns property in the

district.

(b) Section 49.052, Water Code, does not apply to the

district.

Sec. 3868.053. COMPLETE DISCRETION OF TOWN REGARDING

APPOINTMENT OF DIRECTOR. The governing body of the town may refuse

to appoint a person who is nominated to be a director and meets the

qualifications prescribed by Section 3868.052(a). The governing

body has complete discretion in the appointment of a director.

Sec. 3868.054. VACANCY. (a) The remaining directors shall

fill a vacancy on the board by appointing a person who meets the

qualifications prescribed by Section 3868.052(a).

(b) If there are fewer than three directors, the governing

body of the town shall appoint the necessary number of directors to

fill all board vacancies.

Sec. 3868.055. DIRECTOR'S OATH OR AFFIRMATION. A director

shall file the director's oath or affirmation of office with the

district, and the district shall retain the oath or affirmation in

the district records.

Sec. 3868.056. OFFICERS. The board shall elect from among

the directors a chair, a vice chair, and a secretary.

Sec. 3868.057. COMPENSATION; EXPENSES. (a) The district

may compensate each director in an amount not to exceed $150 for

each board meeting. The total amount of compensation a director may

receive each year may not exceed $6,000. A director who is an

employee of the town may not receive compensation under this

subsection.

(b) A director is entitled to reimbursement for necessary

and reasonable expenses incurred in carrying out the duties and

responsibilities of a director.

Sec. 3868.058. LIABILITY INSURANCE. The district may

obtain and pay for comprehensive general liability insurance

coverage from commercial insurance companies or other sources that

protect and insure the directors against personal liability and

from all claims for actions taken as directors or actions and

activities taken by the district or by others acting on its behalf.

Sec. 3868.059. INITIAL DIRECTORS. (a) The initial board

consists of the following directors:

Pos. No.

Name of Director

Ivan Langford, Town Manager

Alan Dickerson, Town Finance Director

Ross Calhoun

(b) Of the initial directors, the term of the director

appointed for position 3 expires May 31, 2014.

[Sections 3868.060-3868.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3868.101. GENERAL POWERS AND DUTIES. The district has

the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 3868.102. IMPROVEMENT PROJECTS. The district may

provide, or it may enter into contracts with a governmental or

private entity to provide, the improvement projects described by

Subchapter C-1 or activities in support of or incidental to those

projects.

Sec. 3868.103. WATER DISTRICT POWERS. The district has the

powers provided by the general laws relating to conservation and

reclamation districts created under Section 59, Article XVI, Texas

Constitution, including Chapters 49 and 54, Water Code.

Sec. 3868.104. ROAD DISTRICT POWERS. The district has the

powers provided by the general laws relating to road districts and

road utility districts created under Section 52(b), Article III,

Texas Constitution, including Chapter 441, Transportation Code.

Sec. 3868.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The

district has the powers provided by Chapter 372, Local Government

Code, to a municipality or county.

Sec. 3868.106. MUNICIPAL MANAGEMENT DISTRICT POWERS. The

district has the powers provided by Chapter 375, Local Government

Code.

Sec. 3868.107. CONTRACT POWERS. The district may contract

with a governmental or private entity, on terms determined by the

board, to carry out a power or duty authorized by this chapter or to

accomplish a purpose for which the district is created.

Sec. 3868.108. DEVELOPMENT CORPORATION POWERS. The

district, using money available to 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 under that

chapter.

Sec. 3868.109. 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 to be a local

government corporation created under Subchapter D, Chapter 431,

Transportation Code; and

(2) may implement any project and provide any service

authorized by this chapter.

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 Subchapter D,

Chapter 431, Transportation Code, except that a board member is not

required to reside in the district.

Sec. 3868.110. AGREEMENTS; GRANTS. (a) As provided by

Chapter 375, Local Government Code, 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. 3868.111. 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. 3868.112. ECONOMIC DEVELOPMENT. (a) The district may

engage in activities that accomplish the economic development

purposes of the district.

(b) 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.

and exercise the economic development powers that:

(1) Chapter 380, Local Government Code, provides to a

municipality; and

(2) Subchapter A, Chapter 1509, Government Code,

provides to a municipality.

Sec. 3868.113. ADDING OR REMOVING TERRITORY. As provided

by Subchapter J, Chapter 49, Water Code, the board may add territory

to the district, subject to Section 54.016, Water Code, or remove

territory from the district, except that:

(1) the addition or removal of the territory must be

approved by:

(A) the governing body of the town; and

(B) the owners of the territory being added or

removed; and

(2) territory may not be removed from the district if

bonds or other obligations of the district payable wholly or partly

from assessments levied or assessed on the territory are

outstanding.

Sec. 3868.114. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

Sec. 3868.115. NO AD VALOREM TAX. The district may not

impose an ad valorem tax.

Sec. 3868.116. NO TOLL ROADS. The district may not

construct, acquire, maintain, or operate a toll road.

[Sections 3868.117-3868.150 reserved for expansion]

SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES

Sec. 3868.151. IMPROVEMENT PROJECTS AND SERVICES. The

district may provide, design, construct, acquire, improve,

relocate, operate, maintain, or finance an improvement project or

service using money available to the district, or contract with a

governmental or private entity to provide, design, construct,

acquire, improve, relocate, operate, maintain, or finance an

improvement project or service authorized under this chapter or

Chapter 375, Local Government Code.

Sec. 3868.152. BOARD DETERMINATION REQUIRED. The district

may not undertake an improvement project unless the board

determines the project:

(1) is necessary to accomplish a public purpose of the

district; and

(2) complies with the development agreement or the

parties to the development agreement agree to the project, in

writing.

Sec. 3868.153. LOCATION OF IMPROVEMENT PROJECT. An

improvement project may be inside or outside the district.

Sec. 3868.154. TOWN REQUIREMENTS. (a) An improvement

project in the town must comply with any applicable requirements of

the town, including codes and ordinances, that are consistent with

the development agreement.

(b) The district may not provide, conduct, or authorize any

improvement project on the town's streets, highways,

rights-of-way, or easements without the consent of the governing

body of the town.

Sec. 3868.155. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE

AREA. The district may undertake an improvement project or service

that confers a special benefit on a definable area in the district

and levy and collect a special assessment on benefited property in

the district in accordance with:

(1) Chapter 372, Local Government Code; or

(2) Chapter 375, Local Government Code.

Sec. 3868.156. CONTRACTS. A contract to design, construct,

acquire, improve, relocate, operate, maintain, or finance an

improvement project is considered a contract for a good or service

under Subchapter I, Chapter 271, Local Government Code.

[Sections 3868.157-3868.200 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 3868.201. BORROWING MONEY; OBLIGATIONS. (a) The

district may borrow money for a district purpose by issuing bonds,

notes, time warrants, or other obligations, or by entering into a

contract payable wholly or partly from an assessment, a contract

payment, a grant, revenue from a zone created under Chapter 311 or

312, Tax Code, other district revenue, or a combination of these

sources.

(b) An obligation described by Subsection (a):

(1) may bear interest at a rate determined by the

board; and

(2) may include a term or condition as determined by

the board.

Sec. 3868.202. DEVELOPMENT AGREEMENT. Before the district

borrows money or issues an obligation under Section 3868.201, the

town must provide written notice to the district that no party to

the development agreement is in default as of the date the district

is authorized to borrow the money or enter the obligation.

Sec. 3868.203. ASSESSMENTS. The district may impose an

assessment on property in the district to pay for an obligation

described by Section 3868.201 in the manner provided for:

(1) a district under Subchapters A, E, and F, Chapter

375, Local Government Code; or

(2) a municipality or county under Subchapter A,

Chapter 372, Local Government Code.

Sec. 3868.204. 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. 3868.205. RESIDENTIAL PROPERTY NOT EXEMPT. Section

375.161, Local Government Code, does not apply to the district.

[Sections 3868.206-3868.250 reserved for expansion]

SUBCHAPTER E. DISSOLUTION

Sec. 3868.251. DISSOLUTION BY TOWN ORDINANCE. (a) The town

may dissolve the district by ordinance.

(b) The town may not dissolve the district until:

(1) the district's outstanding indebtedness or

contractual obligations have been repaid or discharged; or

(2) the town agrees to succeed to the rights and

obligations of the district.

(1) each party to the development agreement fulfills

the party's obligations under the agreement; and

(2) the district fulfills the district's obligation to

pay or reimburse a developer or owner for the costs of improvement

projects and services undertaken by the district.

Sec. 3868.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.

(a) If the dissolved district has bonds or other obligations

outstanding secured by and payable from assessments or other

revenue, the town succeeds to the rights and obligations of the

district regarding enforcement and collection of the assessments or

other revenue.

(b) The town shall have and exercise all district powers to

enforce and collect the assessments or other revenue to pay:

(1) the bonds or other obligations when due and

payable according to their terms; or

(2) special revenue or assessment bonds or other

obligations issued by the town to refund the outstanding bonds or

obligations of the district.

Sec. 3868.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a)

After the town dissolves the district, the town assumes the

obligations of the district, including any bonds or other

indebtedness payable from assessments or other district revenue.

(b) If the town dissolves the district, the board shall

transfer ownership of all district property to the town.

SECTION 2. The Valencia Municipal Management District No. 1

initially includes all territory contained in the following area:

Being a 448.005 acre tract of land situated in the S. Guarrara

Survey, Abstract No. 456 and the T. Rodriguez Survey, Abstract No.

1068, and the A. Cooper Survey, Abstract No. 250, in Denton County,

Texas, and being all of a called 448.136 acre tract of land conveyed

to Sassanid Arcady Holdings, L.P., by deed recorded in Document

Number 2006-326, Real Property Records, Denton County, Texas. Said

448.005 acre tract, with bearing basis being Grid North, Texas

State Plane Coordinates, North Central Zone, NAD83. Being more

particularly described by metes and bounds as follows:

Beginning at a Corps of Engineers monument stamped "J-818-1/1"

(TXNC-4202, N-7125809.07083, E-235639.61099, grid coordinates)

found for the northeast corner of aforesaid 448.136 acre tract and

being on the west line of a called 34.4606 acre tract of land

conveyed to David J. Kirch by deed recorded in Volume 3060, Page

706, Denton County, Texas;

Thence South 00 degrees 17 minutes 50 seconds West, along the east

line of aforesaid 448.136 acre tract and the common west lines of a

aforesaid 34.4606 acre tract and a called 123.243 acre tract of land

conveyed to Thomas James George and Robert Joseph George by deed

recorded in Volume 853, Page 138, Deed Records, Denton County,

Texas, a Distance of 2121.00 feet to a point for corner;

Thence South 01 degrees 54 minutes 55 seconds West, continuing

along the east line of aforesaid 448.136 acre tract and the common

west lines of aforesaid 123.243 acre tract, a distance of 616.18

feet to a Corps of Engineers concrete monument with a brass disc

stamped "J-819-9" (disturbed) found for the southwest corner of

said 123.243 acre tract;

Thence along the common property lines of aforesaid 448.136 acre

tract and Garza-Little Elm Reservoir (Lake Lewisville) the

following courses and distances:

South 05 degrees 05 minutes 39 seconds West, a distance of

973.12 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-819-7B" found for corner;

South 05 degrees 47 minutes 18 seconds West, a distance of

188.48 feet to a Corps of Engineers metal fence corner post

stamped "JP-5A" found for corner;

South 89 degrees 33 minutes 02 seconds West, a distance of

201.77 feet to a Corps of Engineers metal fence corner post

stamped "JP-5J" found for corner;

South 01 degrees 10 minutes 59 seconds East, a distance of

197.53 feet to a Corps of Engineers metal fence corner post

stamped "JP-5K" found for corner;

South 59 degrees 49 minutes 02 seconds west, a distance of

157.90 feet to a Corps of Engineers metal fence corner post

stamped "JP-5L" found for corner;

North 53 degrees 19 minutes 52 seconds West, a distance of

309.93 feet to a Corps of Engineers metal fence corner post

stamped "JP-5M" found for corner;

South 66 degrees 04 minutes 16 seconds West, a distance of

446.47 feet to a Corps of Engineers metal fence corner post

stamped "JP-5C" found for corner;

North 89 degrees 51 minutes 07 seconds West, a distance of

730.36 feet to a Corps of Engineers metal fence corner post

stamped "JP-5D" found for corner;

South 62 degrees 27 minutes 46 seconds West, a distance of

369.89 feet to a Corps of Engineers metal fence corner post

stamped "JP-5E" found for corner;

North 30 degrees 01 minutes 04 seconds West, a distance of

182.06 feet to a Corps of Engineers metal fence corner post

stamped "JP-5F" found for corner;

North 77 degrees 59 minutes 54 seconds West, a distance of

203.73 feet to a Corps of Engineers metal fence corner post

stamped "JP-5G" found for corner;

South 67 degrees 53 minutes 42 seconds West, a distance of

253.97 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-809-2-3" found for corner;

South 85 degrees 20 minutes 33 seconds, West, a distance of

1000.06 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-809-2-2" found for corner;

South 60 degrees 03 minutes 52 seconds West, a distance of

742.15 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-809-2-1" found for corner;

Thence North 88 degrees 47 minutes 14 seconds West, a distance of

900.19 feet to a 1/2" iron rod found for a northwest corner of a

tract of land conveyed to Robert Sparks by deed recorded in Volume

820, Page 541, Deed Records, Denton County, Texas;

Thence South 25 degrees 56 minutes 04 seconds West, along the west

line of aforesaid Robert Sparks Tract, a distance of 400.69 feet to

a point for the southwest corner of said Robert Sparks Tract and

being the northwest corner of The Shores at Lake Lewisville, an

Addition to Denton County, Texas by plat recorded in Cabinet I.,

Page 386, Plat Records, Denton County, Texas;

Thence South 25 degrees 47 minutes 13 seconds West, along the west

line of aforesaid The Shores at Lake Lewisville, a distance of

678.25 feet to a point for the southwest corner of the said Shores

at Lake Lewisville and being the northwest corner of a called 2.4796

acre tract of land conveyed to Robert Eric Seitz and Wife, Christy

L. Seitz by deed recorded in County Clerk's File No. 2001-R0084339,

Real Property Records, Denton County, Texas;

Thence South 26 degrees 32 minutes 44 seconds West, along the west

line of aforesaid 2.4796 acre tract, a distance of 163.19 feet to a

3/4 inch iron rod found for the southwest corner of said 2.4796 acre

tract and being the northeast corner of a tract of land conveyed to

Clifford E. Burgert and wife, Norma J. Burgert by deed recorded in

Volume 603, page 591, Deed Records, Denton County, Texas;

Thence North 53 degrees 24 minutes 02 seconds West, along the

northeast line of aforesaid Burgert Tract, a distance of 613.52

feet to a point for corner;

Thence South 00 degrees 14 minutes 27 seconds West, along the west

line of aforesaid Burgert Tract, a distance of 1204.38 feet to a

point for the southwest corner of said Burgert Tract;

Thence along the common property lines of aforesaid 448.136 acre

tract and Garza-Little Elm Reservoir (Lake Lewisville) the

following courses and distances:

South 88 degrees 47 minutes 31 seconds West, a distance of

852.62 feet to a Corps of Engineers concrete monument with a

brass disc stamped "H-723-1A" found for corner;

South 01 degrees 35 minutes 41 seconds West, a distance of

224.05 feet to a 1/2" iron rod found for corner;

South 41 degrees 04 minutes 06 seconds West, a distance of

1034.72 feet to a 1/2" iron rod found for corner;

South 31 degrees 38 minutes 08 seconds East, a distance of

43.78 feet to a Corps of Engineers concrete monument with a

brass disc stamped "H-725-6" found for corner;

South 67 degrees 00 minutes 25 seconds West, a distance of

339.76 feet to a Corps of Engineers concrete monument with a

brass disc stamped "H-725-5" found for corner;

North 03 degrees 41 minutes 10 seconds East, a distance of

799.90 feet to a Corps of Engineers concrete monument with a

brass disc stamped "H-725-4" found for corner;

North 54 degrees 21 minutes 53 seconds West, a distance of

880.37 feet to a Corps of Engineers concrete monument with a

brass disc stamped "H-725-3" (TXNC-4202, N-7119284.86086,

E-2447700.74262, Grid Coordinates) found for corner;

North 43 degrees 52 minutes 25 seconds East, passing at a

distance 470.45 feet a Corps of Engineers concrete monument

with a brass disc stamped "H-725-2B" found for witness,

continuing a total distance of 1470.92 feet to a point for

corner;

North 00 degrees 16 minutes 40 seconds East, a distance of

841.00 feet to a Corps of Engineers concrete monument with a

brass disc stamped "H-725-1" found for corner;

South 89 degrees 24 minutes 13 seconds East, a distance of

124.81 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-802-1" found for corner;

North 11 degrees 07 minutes 21 seconds East, a distance of

189.76 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-802-1A" found for corner;

North 11 degrees 09 minutes 34 seconds East, a distance of

1139.40 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-802-1B" found for corner;

North 11 degrees 07 minutes 01 seconds East, a distance of

206.42 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-802-2" found for corner;

South 67 degrees 02 minutes 47 seconds East, a distance of

300.01 feet to a 1/2" iron rod found for corner;

North 74 degrees 49 minutes 11 seconds East, a distance of

490.87 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-807-1/1" found for corner;

South 61 degrees 15 minutes 26 seconds East, a distance of

373.27 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-807-1/2" found for corner;

South 26 degrees 49 minutes 05 seconds East, a distance of

699.90 feet to a 1/2: iron rod found for corner;

South 81 degrees 28 minutes 29 seconds East, a distance of

666.26 feet to a point for corner;

North 66 degrees 13 minute 24 seconds East, a distance of

1797.71 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-809-1/ 2" found for corner;

North 41 degrees 17 minutes 12 seconds East, a distance of

667.01 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-809-1/3" found for corner;

North 31 degrees 23 minutes 34 seconds East, a distance of

700,27 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-809-1/4" found for corner;

North 63 degrees 23 minutes 49 seconds East, a distance of

273.07 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-840-1" found for corner;

South 89 degrees 29 minutes 46 seconds East, a distance of

229.83 feet to a point for corner;

North 38 degrees 34 minutes 35 seconds East, a distance of

1360.52 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-812-1" found for corner;

North 80 degrees 39 minutes 19 seconds East, a distance of

243.94 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-812-3" found for corner;

North 59 degrees 22 minutes 33 seconds East, a distance of

168.45 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-812-4" found for corner;

North 44 degrees 29 minutes 05 seconds East, a distance of

399.34 feet to a 1/2" iron rod found for corner;

North 28 degrees 23 minutes 26 seconds East, a distance of

199.91 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-812-6" found for corner;

North 49 degrees 33 minutes 37 seconds East, a distance of

500.13 feet to a Corps of Engineers concrete monument with a

brass disc stamped "J-812-7" found for corner;

North 77 degrees 57 minutes 14 seconds East, a distance of

439.11 feet to the POINT OF BEGINNING, and containing 448.005

acres of land, more or less.

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.

its recommendations relating to this Act with the governor,

lieutenant governor, and 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 have been

fulfilled and accomplished.

SECTION 4. This Act takes effect September 1, 2011.

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 3819 was passed by the House on May 3,

2011, by the following vote: Yeas 144, Nays 0, 1 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 3819 on May 26, 2011, by the following vote: Yeas 146, Nays 0,

present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 3819 was passed by the Senate, with

amendments, on May 24, 2011, by the following vote: Yeas 31,

Nays 0.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor