H.B. No. 3864
 
 
 
 
  relating to the creation of the Lazy W District No. 1; 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 8380 to read as follows:
  CHAPTER 8380.  LAZY W DISTRICT NO. 1
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8380.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "Director" means a board member.
               (4)  "District" means the Lazy W District No. 1.
         Sec. 8380.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8380.003.  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. 8380.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8380.003
  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. 8380.005.  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. 8380.006.  INITIAL DISTRICT TERRITORY.  (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting 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 8380.007-8380.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8380.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8380.052, directors serve
  staggered four-year terms.
         Sec. 8380.052.  TEMPORARY DIRECTORS.  (a)  On or after the
  effective date of the Act enacting 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 commission 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 8380.003; or
               (2)  the fourth anniversary of the effective date of
  the Act enacting this chapter.
         (c)  If permanent directors have not been elected under
  Section 8380.003 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 8380.003; 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 8380.053-8380.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8380.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8380.102.  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. 8380.103.  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 commission as required by Section 54.234, Water Code.
         Sec. 8380.104.  APPROVAL OF ROAD PROJECT.  (a)  The district
  may not undertake a road project authorized by Section 8380.103
  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. 8380.105.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
  OR RESOLUTION.  The district shall comply with all applicable
  requirements of any ordinance or resolution that is adopted under
  Section 54.016 or 54.0165, Water Code, and that consents to the
  creation of the district or to the inclusion of land in the
  district.
         Sec. 8380.106.  LIMITATION ON USE OF EMINENT DOMAIN. The
  district may not exercise the power of eminent domain outside the
  district.
         Sec. 8380.107.  PARKS, RECREATIONAL FACILITIES,
  PRESERVATION OF FISH AND WILDLIFE. (a)  The district may develop
  and manage parks, recreational facilities, and natural science
  laboratories and may promote the preservation of fish and other
  wildlife in the district.
         (b)  The district may negotiate contracts with any person,
  including a county, municipality, municipal corporation, firm,
  corporation, nonprofit organization, or state or federal agency, to
  operate or maintain the park, recreational facility, or natural
  science laboratory.
         (c)  The preservation of fish and other wildlife shall be in
  accordance with the rules of the Parks and Wildlife Commission.
         (d)  The board may charge and collect reasonable entrance,
  gate, or use fees to manage and operate a park or recreational
  facility developed wholly or partly by the district.
         Sec. 8380.108.  GENERAL POWERS REGARDING CONTRACTS.  The
  district may:
               (1)  contract with any person to accomplish any
  district purpose, including a contract for:
                     (A)  the payment, repayment, or reimbursement of
  costs incurred by that person on behalf of the district, including
  all or part of the costs of a project and interest on the reimbursed
  cost; or
                     (B)  the use, occupancy, lease, rental,
  operation, maintenance, or management of all or part of a proposed
  or existing project;
               (2)  apply for, and contract with any person to
  receive, administer, and perform a duty or obligation of the
  district under, a federal, state, local, or private gift, grant,
  loan, conveyance, transfer, bequest, or other financial assistance
  arrangement relating to the investigation, planning, analysis,
  study, design, acquisition, construction, improvement, completion,
  implementation, or operation by the district or others of a
  proposed or existing project; and
               (3)  accept a grant or donation from any person to
  accomplish a district purpose.
         Sec. 8380.109.  RULES; ENFORCEMENT. (a)  The district may
  adopt and enforce rules:
               (1)  to administer and operate the district;
               (2)  to govern the use, availability, protection,
  security, and maintenance of the district's property and
  facilities; and
               (3)  to provide for public safety and security.
         (b)  The district may bring an action in court for an
  injunction or other appropriate remedy to enforce a rule of the
  district.
  [Sections 8380.110-8380.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8380.151.  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 8380.153.
         (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. 8380.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8380.151, 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. 8380.153.  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.
         Sec. 8380.154.  ASSESSMENTS.  (a)  The board may undertake
  projects and services that confer a special benefit on all or a
  definable part of the district. The board may impose special
  assessments on property in that area, based on the benefit
  conferred by the project or service, to pay all or part of the cost
  of the project or service. The district may finance with special
  assessments any project or service authorized by this chapter or
  any other applicable law.
         (b)  Projects or services may be financed with special
  assessments under this chapter only after the board holds a public
  hearing on the advisability of the project or service and the
  proposed assessments.
         (c)  The board shall publish notice of the hearing in a
  newspaper or newspapers with general circulation in Henderson
  County.  The publication must be made not later than the 30th day
  before the date of the hearing.
         (d)  Notice provided under this section must include:
               (1)  the time and place of the hearing;
               (2)  the general nature of the proposed project or
  service;
               (3)  the estimated cost of the project or service,
  including interest during construction and associated financing
  costs; and
               (4)  the proposed method of assessment.
         (e)  Written notice containing the information required by
  Subsection (d) shall be mailed by certified mail, return receipt
  requested, not later than the 30th day before the date of the
  hearing.  The notice shall be mailed to each person residing in the
  district.
         Sec. 8380.155.  FEES AND CHARGES. The district may
  establish fees, user fees, rates, and charges that are sufficient:
               (1)  to accomplish the purposes of this chapter;
               (2)  for the operation and maintenance of the district;
               (3)  to pay the principal of and interest on notes,
  bonds, and other obligations issued in connection with the exercise
  of the district's general powers and duties; and
               (4)  to satisfy all rate covenants relating to the
  issuance of notes, bonds, and other obligations.
         Sec. 8380.156.  DISBURSEMENTS AND TRANSFERS OF MONEY. The
  board by resolution shall establish the number of signatures and
  the procedure required for a disbursement or transfer of the
  district's money.
  [Sections 8380.157-8380.200 reserved for expansion]
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8380.201.  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. 8380.202.  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. 8380.203.  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 Lazy W District No. 1 initially includes all
  the territory contained in the following area:
  792.545 ACRES
  HENDERSON COUNTY, TEXAS
         All that certain lot, tract or parcel of land situated in
  Henderson County, Texas on the B. B. Sublett Survey, A-719, the
  Thomas Hanna Survey, A-304, the Alexander Parks Survey, A-607, the
  D. Pilkington Survey, A-622, the W. Simms Survey, A-712 and the
  Samuel Chears Survey, A-130 and being all of the called 1.00 acre
  tract recorded in Volume 2918, Page 318, all of the 21.606 acre
  tract recorded in Volume 2721, Page 805, all of the called 242.80
  acre tract recorded in Volume 1491, Page 222, all of the 35.846 acre
  tract recorded in Volume 2899, Page 549, all of the called 102.996
  acre tract recorded in Volume 2797, Page 634, and all of the called
  269.188 acre tract recorded in Volume 2745, Page 762. Said lot,
  tract or parcel of land being more particularly described by metes
  and bounds as follows:
               BEGINNING at a 1/8" x 1" iron strap found at a fence
  corner at the Easterly Southeast corner of the called 361.73 acre
  tract and an ell corner of the Mary E. Hugus 325.39 acre tract
  recorded in Volume 1145, Page 405;
         THENCE NORTH 86 degrees 24 minutes 47 seconds West 531.95
  feet to a x-tie fence corner at an ell corner of the 361.73 acre
  tract and the Northwest corner of the 325.39 acre tract;
         THENCE SOUTH 0 degrees 31 minutes 02 seconds West 1086.13
  feet to a 60 d nail found at the Southerly Southeast corner of the
  361.73 acre tract, in the West line of the 325.39 acre tract and at
  the Northeast corner of the Don F. Hugus 213.257 acre tract recorded
  in Volume 1145, Page 405;
         THENCE NORTH 88 degrees 35 minutes 39 seconds West 3487.22
  feet to a 3" axle found at the Northwest corner of the 213.257 acre
  tract and an ell corner of the 361.73 acre tract;
               THENCE SOUTH 28 degrees 18 minutes 48 seconds West
  388.75 feet to a fence corner at the Northeast corner of the Charles
  Stevens 129.72 acre tract recorded in Volume 1498, Page 810;
         THENCE SOUTH 25 degrees 43 minutes 13 seconds East, along
  fence, 905.92 feet to a cross-tie fence corner found at the Westerly
  Southwest corner of the Hugus tract, the Northwest corner of the
  East Texas Ranch, L.P. 102.96 acre tract recorded in Volume 2797,
  Page 634 and in the Southeast line of the called 144.00 acre tract;
         THENCE SOUTH 88 degrees 46 minutes 00 seconds East 855.44
  feet to a 1/2" iron rod set at the Northeast corner of the called
  102.996 acre tract and an ell corner of the Hugus tract; WITNESS:
  Found 12" Post Oak South 17 degrees 31 minutes West 3.0 feet;
         THENCE SOUTH 0 degrees 31 minutes 42 seconds West 970.35 feet
  and South 0 degrees 20 minutes 57 seconds West 618.96 feet mostly
  along fence to a 14" Post Oak at a fence corner at the Northwest
  corner of the Beverly Wilson Smith 242.80 acre tract recorded in
  Volume 1491, Page 222;
         THENCE NORTH 78 degrees 46 minutes 23 seconds East, through
  open field, 827.04 feet to a iron pipe for corner at large post on
  the West side of a trail road;
         THENCE NORTH 79 degrees 20 minutes East, along fence on the
  North boundary line of this tract, a distance of 812.20 feet to an
  iron pipe by large fence post on the West side of a trail road;
         THENCE NORTH 88 degrees 15 minutes East, along fence, a
  distance of 475.20 feet to a 20" Black Jack tree for corner;
         THENCE SOUTH 6 degrees 14 minutes East, a distance of 295.20
  feet to a stake at fence corner being the Southwest corner of a 2.00
  acre tract described in Volume 204, Page 577 of the Henderson County
  Deed Records;
  Page 2, 792.545 AC.
         THENCE SOUTH 89 degrees 16 minutes East, along fence and a
  distance of 303.35 feet to a stake at fence corner being the
  Southeast corner of said 2.00 acres;
         THENCE SOUTH 12 degrees 38 minutes East, along fence line, a
  distance of 1660.40 feet along the East boundary line of this tract
  to a large Bois d'arc post for corner and in the North boundary line
  of the Thomas Hanna Survey;
         THENCE SOUTH 89 degrees 00 minutes East a distance of 572.50
  feet to an 1" pipe at the Southeast corner of the Don Hugus tract and
  the Northwest corner of the Genie Warren 121.50 acre tract recorded
  in Volume 1241, Page 85;
         THENCE SOUTH 0 degrees 28 minutes West, along fence line on
  the East boundary of this tract and said Thomas Hanna Survey, the
  West boundary of said W. E. Warren tract, a distance of 2678.16 feet
  to an iron pipe for the Southeast corner at fence corner;
         THENCE SOUTH 89 degrees 33 minutes East 291.62 feet to a 1"
  iron pipe at the Northeast corner of the 22.606 acre tract and the
  Northwest corner of the Peggy Shannon 2.00 acre tract recorded in
  Volume 994, Page 153;
         THENCE SOUTH 1 degree 02 minutes 35 seconds West 206.04 feet
  to a 1/2" iron rod found at the Northeast corner of the East Texas
  Ranch, L.P. 1.00 acre tract recorded in Volume 2918, Page 318;
         THENCE SOUTH 1 degree 02 minutes 35 seconds West 258.11 feet
  to a 60 d nail found in County Road 4518, at the Southeast corner of
  the 1.00 acre tract and the Southwest corner of the Martin and
  Cecilia Schiller 1.554 acre tract recorded in Volume 2312, Page
  687; WITNESS: Found 1/2" iron rod North 1 degree 02 minutes 35
  seconds East 29.63 feet;
         THENCE SOUTH 84 degrees 08 minutes 12 seconds West, along
  County Road 4518, 170.00 feet to a 60 d nail found for the most
  Southerly Southeast corner of the East Texas Ranch, L.P. 21.606
  acre tract recorded in Volume 2721, Page 850; WITNESS: Found 1/2"
  iron rod
  Page 3, 792.545 AC
  North 1 degree 02 minutes 35 seconds East 31.4 feet;
         THENCE along the centerline of County Road 4518, South 84
  degrees 08 minutes 12 seconds West 870.00 feet to a 60 d nail found
  from which a 1/2" iron rod bears North 21.0 feet, South 85 degrees
  36 minutes 06 seconds West 663.48 feet to a 60 d nail found and North
  40 degrees 45 minutes 42 seconds West 818.60 feet to a 60 d nail
  found for the West corner of the 21.606 acre tract and the Southwest
  corner of the Smith 242.80 acre tract; WITNESS; Found 1/2" iron
  rod South 89 degrees 58 minutes 19 seconds East 32.21 feet;
         THENCE continuing up the center of a County Road 4518, North
  32 degrees 16 minutes West 170.00 feet, North 21 degrees 02 minutes
  West 447.30 feet, North 30 degrees 30 minutes West 135.00 feet and
  North 45 degrees 42 minutes West 220.19 feet to a spike in road;
         THENCE continuing along County Road 4518 as follows: North
  37 degrees 12 minutes 31 seconds West 166.95 feet to a 1/2" iron rod
  found, North 53 degrees 10 minutes 17 seconds West 296.20 feet to a
  1/2" iron rod found, North 70 degrees 51 minutes 55 seconds West
  19.95 feet to a 1/2" iron rod found and South 88 degrees 51 minutes
  17 seconds West 750.00 feet to a 1/2" iron rod found at the
  Southwest corner of the 35.846 acre tract;
         THENCE NORTH 0 degrees 51 minutes 48 seconds East 1403.84
  feet to a fence corner at the Northwest corner of the 35.846 acre
  tract;
         THENCE NORTH 3 degrees 08 minutes West 147.50 feet along
  fence to the Southeast corner of the 102.96 acre tract;
         THENCE NORTH 89 degrees 51 minutes 48 seconds West 1443.07
  feet to a cross-tie fence corner in the East margin of F. M. Highway
  1615, at the Southwest corner of the 102 3/4 acre tract and the
  Northwest corner of the 99.742 acre tract;
         THENCE NORTH 9 degrees 04 minutes 26 seconds West 25.79 feet
  to the P.C. of a curve in the East margin of F. M. Highway 1615;
  Page 4, 792.815 AC.
         THENCE around a curve to the left having a central angle of 2
  degrees 32 minutes 44 seconds, a radius of 1569.25 feet, a distance
  of 69.72 feet (Long Chord North 11 degrees 03 minutes 02 seconds
  West 69.71 feet) to a point at right-of-way change;
         THENCE NORTH 77 degrees 40 minutes 36 seconds East 5.00 feet
  to a point at a right-of-way change in the East margin of F. M.
  Highway 1615;
         THENCE continuing around a curve to the left having a central
  angle of 12 degrees 05 minutes 09 seconds, a radius of 1574.25 feet,
  a distance of 332.07 feet (Long Chord North 18 degrees 21 minutes 58
  seconds West 331.45 feet) to a 1/2" iron rod set for corner;
         THENCE NORTH 14 degrees 54 minutes 57 seconds West 287.47
  feet to a 60 d nail found at an angle corner of the Gaile Lee Lipman
  4.50 acre tract recorded in Volume 2431, Page 249;
         THENCE SOUTH 74 degrees 29 minutes 31 seconds East 174.73
  feet to a 30" Elm found at a fence angle at the Southeast corner of
  the 4.50 acre tract;
         THENCE NORTH 3 degrees 02 minutes 27 seconds East 430.37 feet
  to a 3/4" iron rod found at the Northeast corner of the 4.50 acre
  tract;
         THENCE NORTH 64 degrees 06 minutes 43 seconds West 441.96
  feet to a 30" Elm at the Western Southwest corner of the 102.996
  acre tract;
         THENCE SOUTH 30 degrees 06 minutes 40 seconds West, along
  fence, 317.33 feet to a point in the Northeast margin of F. M.
  Highway 1615, at the Southwest corner of the Lipman tract; WITNESS:
  Found 1/2" pipe North 30 degrees 06 minutes 40 seconds East 11.79
  feet;
         THENCE along the Northeast margin of F. M. Highway 1615 as
  follows: North 44 degrees 02 minutes 07 seconds West 182.08 feet to
  a point for corner, North 45 degrees 57 minutes 53 seconds East
  15.00 feet to a point for corner and North 44 degrees 02 minutes 07
  seconds West 114.53 feet to a 1/2" iron rod set on the East bank of
  Mine Creek (60' from
  Page 5, 792.545 AC.
  centerline of 1615);
         THENCE along the East bank of Mine Creek as follows: North 39
  degrees 06 minutes 03 seconds East 153.30 feet, North 0 degrees 51
  minutes 09 seconds East 76.11 feet, North 21 degrees 44 minutes 05
  seconds East 318.55 feet, North 59 degrees 28 minutes 31 seconds
  East 314.53 feet, North 36 degrees 08 minutes 06 seconds East 144.17
  feet, North 2 degrees 33 minutes 59 seconds East 93.69 feet, North
  42 degrees 19 minutes 02 seconds East 383.36 feet, North 34 degrees
  02 minutes 39 seconds East 180.33 feet, North 14 degrees 52 minutes
  58 seconds East 180.73 feet, North 5 degrees 52 minutes 56 seconds
  East 123.87 feet, North 57 degrees 47 minutes 02 seconds East 55.46
  feet, North 9 degrees 40 minutes 31 seconds East 99.92 feet, North
  17 degrees 33 minutes 00 seconds West 161.25 feet, North 7 degrees
  33 minutes 26 seconds East 492.62 feet, North 16 degrees 05 minutes
  47 seconds East 145.92 feet and North 25 degrees 13 minutes 16
  seconds East 290.23 feet to a 1/2" iron rod set on the East bank of
  Mine Creek, in the Westerly South line of the East Texas Ranch, L.P.
  361.73 acre tract; WITNESS: Found 3" Axle at fence corner South 86
  degrees 59 minutes 49 seconds West 123.58 feet;
         THENCE SOUTH 86 degrees 59 minutes 49 seconds West 632.61
  feet to a 3" axle found at the Southwest corner of the 361.73 acre
  tract, the Southeast corner of the Royall Commings 91.65 acre tract
  recorded in Volume 519, Page 275 and the North line of the Stevens
  tract;
         THENCE along a fence as follows: North 38 degrees 05 minutes
  45 seconds East 227.78 feet to a 5/8" iron rod found, North 43
  degrees 03 minutes 30 seconds East 127.69 feet to a 1/2" iron rod
  found, North 66 degrees 00 minutes 51 seconds East 94.10 feet to a
  5/8" iron rod found, North 47 degrees 20 minutes 24 seconds East
  102.58 feet to a 1/2" iron rod found, North 18 degrees 25 minutes 49
  seconds East 149.72 feet to a 1/2" iron rod found, North 1 degree 58
  Page 6, 792.545 AC.
  minutes West 285.61 feet to a 1/2" iron rod found, North 13 degrees
  36 minutes 20 seconds East 168.23 feet to a 5/8" iron rod found at
  the base of a 14" Sweet Gum in the fence, North 21 degrees 30 minutes
  19 seconds East 100.36 feet to a 1/2" iron rod found at the base of a
  28" Sweet Gum in the fence, North 6 degrees 01 minutes 02 seconds
  West 257.66 feet to a 1/2" iron rod found at a x-tie and North 46
  degrees 38 minutes 31 seconds East 140.77 feet to a 2" pipe found at
  the Northeast corner of the Commings tract and the Southeast corner
  of Lot 38, Champion Ranch, Phase I;
         THENCE NORTH 1 degree 14 minutes 55 seconds East 286.45 feet
  to a 1/2" iron rod set in creek at the Southeast corner of the 6.98
  acre Reserve Tract and the Northeast corner of Lot 40A-R;
         THENCE along the South line of the Reserve Tract as follows:
  North 27 degrees 17 minutes 36 seconds West 93.30 feet to a 1/2"
  iron rod set, North 11 degrees 07 minutes 26 seconds West 328.99
  feet to a 1/2" iron rod set; WITNESS: Found 1/2" iron rod with T
  Post North 83 degrees 33 minutes West 43.47 feet, North 81 degrees
  25 minutes 02 seconds West 494.73 feet to a 1/2" iron rod set;
  WITNESS: Found T Post South 15 degrees 02 minutes West 3.96 feet
  and North 55 degrees 20 minutes 11 seconds West 146.95 feet to "x"
  set in concrete in the East margin of Horseshoe Drive and the
  Southwest corner of the Reserve Tract;
         THENCE around a curve to the left having a central angle of 14
  degrees 03 minutes 16 seconds, a radius of 1025.00 feet, a distance
  of 251.43 feet (Long Chord North 0 degrees 28 minutes 24 seconds
  East 250.80 feet to a 1/2" iron rod found in the East margin of
  Horseshoe Drive at the Northwest corner of the Reserve Tract and
  Southwest corner of Lot 41-R;
         THENCE SOUTH 84 degrees 47 minutes 22 seconds East 618.81
  feet to a 1/2" iron rod set in creek at the Southeast corner of Lot
  41-R; WITNESS: Found 1/2" iron rod with T Post North 84 degrees 47
  minutes 22 seconds East 40.00 feet;
  Page 7, 792.545 AC.
         THENCE NORTH 10 degrees 52 minutes East 457.59 feet to a 1/2"
  iron rod set on the creek bank at the Northeast corner of Lot 41-R in
  the South line of Lot 42;
         THENCE NORTH 73 degrees 22 minutes 14 seconds East 40.00 feet
  to a 1/2" iron rod found with T Post at the Southeast corner of Lot
  42;
         THENCE NORTH 1 degree 14 minutes 32 seconds East 419.91 feet
  to a point for corner; WITNESS: Found 1/2" iron rod on creek bank
  South 59 degrees 03 minutes 35 seconds West 15.29 feet;
  THENCE NORTH 57 degrees 05 minutes 14 seconds West 746.74 feet to a
  1/2" iron rod with T Post found at the East corner of Lot 45, the
  North corner of Lot 44 and the South corner of Lot 53;
         THENCE NORTH 45 degrees 50 minutes East 602.90 feet to a 1/2"
  iron rod found with T Post in the Northeast margin of Safari Stables
  Drive;
         THENCE around a curve to the right having a central angle of 2
  degrees 42 minutes 19 seconds, a radius of 1475.00 feet, a distance
  of 69.64 feet (Long Chord North 43 degrees 58 minutes 44 seconds
  West 69.63 feet) to a 1/2" iron rod found with T Post at the South
  corner of Lot 117;
         THENCE NORTH 49 degrees 26 minutes 11 seconds East 537.89
  feet to a 1/2" iron rod found with T Post at the East corner of Lot
  117 and the Southwest corner of Lot 118;
         THENCE SOUTH 34 degrees 21 minutes 12 seconds East 403.38
  feet to a 1/2" iron rod set in Mine Creek at the South corner of Lot
  118;
         THENCE NORTH 58 degrees 36 minutes 42 seconds East 345.81
  feet to the point of intersection of the centerline of Mine Creek
  and Gold Creek;
         THENCE along the centerline of Gold Creek as follows: North
  86 degrees 20 minutes 39 seconds East 58.87 feet, South 49 degrees
  06 minutes 17 seconds East 116.79 feet, South 23 degrees 45 minutes
  42 seconds East 95.66 feet, South 83 degrees 32 minutes 17 seconds
  East
  Page 8, 792.545 AC.
  94.79 feet, South 88 degrees 29 minutes 46 seconds East 184.21 feet,
  South 54 degrees 05 minutes 08 seconds East 78.44 feet, South 56
  degrees 06 minutes 30 seconds East 23.62 feet, North 88 degrees 45
  minutes 38 seconds East 75.65 feet, North 76 degrees 55 minutes 31
  seconds East 205.82 feet, South 76 degrees 31 minutes 15 seconds
  East 85.64 feet, South 23 degrees 05 minutes 39 seconds East 108.82
  feet, South 48 degrees 40 minutes 50 seconds East 44.04 feet, South
  82 degrees 24 minutes 15 seconds East 228.86 feet, South 62 degrees
  58 minutes 07 seconds East 59.70 feet, South 42 degrees 43 minutes
  48 seconds East 159.29 feet, South 82 degrees 59 minutes 18 seconds
  East 334.44 feet, North 76 degrees 10 minutes 43 seconds East 151.46
  feet, North 84 degrees 22 minutes 18 seconds East 58.36 feet, South
  64 degrees 31 minutes 59 seconds East 50.14 feet, South 43 degrees
  50 minutes 00 seconds East 116.98 feet, South 52 degrees 01 minutes
  55 seconds East 48.79 feet, North 84 degrees 30 minutes 26 seconds
  East 78.36 feet, South 35 degrees 32 minutes 51 seconds East 77.25
  feet, South 67 degrees 53 minutes 23 seconds East 87.36 feet, North
  53 degrees 15 minutes 08 seconds East 111.21 feet, North 34 degrees
  55 minutes 58 seconds East 41.76 feet, South 79 degrees 10 minutes
  43 seconds East 42.98 feet, South 38 degrees 45 minutes 46 seconds
  East 91.00 feet, North 65 degrees 01 minutes 55 seconds East 86.40
  feet, North 42 degrees 24 minutes 56 seconds East 48.79 feet, South
  56 degrees 41 minutes 19 seconds East 19.13 feet, South 23 degrees
  17 minutes 23 seconds East 28.55 feet, North 46 degrees 23 minutes
  43 seconds East 44.52 feet, South 27 degrees 56 minutes 01 seconds
  East 28.76 feet, South 77 degrees 27 minutes 53 seconds East 16.39
  feet, North 41 degrees 16 minutes 25 seconds East 22.45 feet, South
  82 degrees 05 minutes 16 seconds East 26.13 feet, North 69 degrees
  32 minutes 16 seconds East 45.21 feet, North 81 degrees 30 minutes
  39 seconds East 62.49 feet, South 69 degrees 11 minutes 04 seconds
  East 23.11 feet, South 55 degrees 20 minutes 34 seconds East 48.42
  feet, North 61 degrees 48 minutes 44 seconds East 49.28 feet, North
  36 degrees 15 minutes 58 seconds East
  Page 9, 792.545 AC.
  64.36 feet, North 59 degrees 50 minutes 31 seconds East 56.86 feet,
  North 08 degrees 31 minutes 33 seconds East 35.86 feet, North 55
  degrees 32 minutes 28 seconds East 23.65 feet, North 33 degrees 09
  minutes 34 seconds East 22.66 feet, North 76 degrees 24 minutes 03
  seconds East 26.61 feet, South 76 degrees 18 minutes 56 seconds East
  41.61 feet, South 53 degrees 07 minutes 00 seconds East 38.08 feet,
  North 83 degrees 24 minutes 06 seconds East 45.42 feet, South 56
  degrees 32 minutes 02 seconds East 25.62 feet, South 72 degrees 23
  minutes 52 seconds East 119.25 feet, South 29 degrees 05 minutes 08
  seconds East 30.88 feet, North 62 degrees 09 minutes 23 seconds East
  33.71 feet, South 44 degrees 07 minutes 00 seconds East 43.75 feet,
  South 85 degrees 54 minutes 24 seconds East 32.02 feet, South 31
  degrees 34 minutes 06 seconds East 30.44 feet, South 72 degrees 29
  minutes 37 seconds East 46.71 feet, and South 57 degrees 14 minutes
  16 seconds East 44.92 feet to a 1/2" iron rod found at the Southeast
  corner of the Judith McGee 129.66 acre tract recorded in Volume
  1725, Page 666 and at the Northeast corner of the 361.73 acre tract;
         THENCE SOUTH 0 degrees 03 minutes East 1903.69 feet to a 3/4"
  pipe found at the Northwest corner of the Hugus 325.39 acre tract
  and the Southwest corner of the Floyd Miller tract recorded in
  Volume 1389, Page 711;
         THENCE SOUTH 1 degrees 58 minutes 40 seconds West 473.95 feet
  to the place of beginning and containing 792.545 acres 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.  (a)  Section 8380.106, Special District Local
  Laws Code, as added by Section 1 of this Act, takes effect only if
  this Act receives a two-thirds vote of all the members elected to
  each house.
         (b)  If this Act does not receive a two-thirds vote of all the
  members elected to each house, Subchapter C, Chapter 8380, Special
  District Local Laws Code, as added by Section 1 of this Act, is
  amended by adding Section 8380.106 to read as follows:
         Sec. 8380.106.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (c)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Section 17(c),
  Article I, Texas Constitution.
         SECTION 5.  Except as provided by Section 4 of this Act:
               (1)  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; and
               (2)  if this Act does not receive the vote necessary for
  immediate effect, this Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3864 was passed by the House on May
  19, 2011, by the following vote:  Yeas 148, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3864 was passed by the Senate on May
  25, 2011, by the following vote:  Yeas 31, Nays 0
  .
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor