S.B. No. 623
 
 
 
 
AN ACT
  relating to the creation of the Montgomery County Municipal Utility
  District No. 138; granting a limited power of eminent domain;
  providing authority to issue bonds; providing authority to impose
  assessments, fees, and taxes.
         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 8422 to read as follows:
  CHAPTER 8422.  MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 138
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8422.001.  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 Montgomery County Municipal
  Utility District No. 138.
         Sec. 8422.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8422.003.  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. 8422.004.  CONSENT OF MUNICIPALITY REQUIRED.  The
  temporary directors may not hold an election under Section 8422.003
  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. 8422.005.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.  
  (a)  The district is created to serve a public purpose and benefit.
         (b)  The district is created to accomplish the purposes of:
               (1)  a municipal utility district as provided by
  general law and Section 59, Article XVI, Texas Constitution; and
               (2)  Section 52, Article III, Texas Constitution, that
  relate to the construction, acquisition, improvement, operation,
  or maintenance of macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8422.006.  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.
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8422.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8422.052, directors serve
  staggered four-year terms.
         Sec. 8422.052.  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 8422.003; 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 8422.003 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 8422.003; 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.
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8422.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8422.102.  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. 8422.103.  AUTHORITY FOR ROAD PROJECTS.  Under Section
  52, Article III, Texas Constitution, the district may design,
  acquire, construct, finance, issue bonds for, improve, operate,
  maintain, and convey to this state, a county, or a municipality for
  operation and maintenance macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8422.104.  ROAD STANDARDS AND REQUIREMENTS.  (a)  A
  road project must meet all applicable construction standards,
  zoning and subdivision requirements, and regulations of each
  municipality in whose corporate limits or extraterritorial
  jurisdiction the road project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards, zoning and
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
         Sec. 8422.105.  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.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8422.151.  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 8422.153.
         (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. 8422.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8422.151, 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. 8422.153.  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.
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8422.201.  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. 8422.202.  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. 8422.203.  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 Montgomery County Municipal Utility District
  No. 138 initially includes all the territory contained in the
  following area:
         TRACT 1
         Being all that certain tract or parcel of land containing
  60.2044 acres of land situated in the Henry Applewhite Survey,
  A-50, Conroe, Montgomery County, Texas, out of and a part of a
  Called 120 acre tract described in Volume 188, Page 416, MCDR, said
  60.2044 acres being more particularly described by metes and bounds
  as follows, to wit:
         BEGINNING at an Axle found for the Southeast corner of a
  certain 35.213 acres of land cited Tract III conveyed by partition
  deed to James W. Peoples, et ux described and recorded under
  Clerk's File No. 9307782 of the Official Public Records of Real
  Property of Montgomery County, Texas (OPRRPMCT), same 35.213 acres
  out of and a part of a Called 120 acre tract conveyed in deed to
  Surcy Peoples, et al described and recorded in Volume 188, Page 416
  of Montgomery County Deed Records (MCDR) said 120 acre South line
  located on the recognized Abstract division line between the Henry
  Applewhite Survey, A-50 and the Daniel F. Whillden Survey, A-640,
  same Axle recognized by local surveyors as the Southeast corner of
  the Applewhite Survey and the Northeast corner of said Whillden
  Survey and the Northeast corner of a certain 15.950 acre parcel
  conveyed to Marcus Koenig et al described and recorded under
  C.F. No. 2001-096958, OPRRPMCT, the Northwest corner of The
  Woodlands Windsor Lakes Section 5, subdivision map or plat thereof
  recorded in Cabinet 'U', Sheet 19 of Montgomery County Map Records
  (MCMR), the Southwest corner of the Residue of a 56.9509 acre parcel
  described in deed to John D. Hagerman et al recorded under
  C.F. No. 2002-051022 and from whence a 1/2" iron rod found under
  asphalt pavement along Peoples Road, for the Southwest corner of
  said Called 120 acres and the Southwest corner of a certain 31.108
  acre tract cited as Tract II (C.F. No. 9307782) bears N 89°55'36" W
  a distance of 4353.61 feet (Deed Call West 1511 Varas 188 / 416
  MCDR) aforementioned tracts or parcels of land situated in the
  Henry Applewhite Survey, A-50, Conroe, Montgomery County, Texas;
         THENCE N 89°55'36" W (Deed Call N.89°55'34"W. C.F. No. 9307782 &
  Deed Call West 188 / 416 MCDR) departing said 35.213 acre
  Southeast corner and along the South line of same, the South line of
  aforementioned Called 120 acres and the North line of said Koenig
  15.950 acre tract for a distance of 2175.79 feet to a 1/2" iron rod
  found for the Southwest corner of said James W. Peoples, et ux
  35.213 acres, the Southeast corner of said James W. Peoples, et ux
  31.108 acre tract, same located on the Northeast corner of Koenig
  Road (60 Ft. Road Easement 599 / 427 MCDR) for a Point on the South
  line of the herein described tract;
         THENCE N 89°55'36" W (Deed Call N.89°55'34"W. C.F. No. 9307782 &
  Deed Call West 188 / 416 MCDR) continuing along said Koenig Road
  North line and said 31.108 acre South line for a distance of 1771.34
  feet to a 1/2" iron rod with cap scribed 'SR ESTES RPLS 5631' found
  for the Southwest corner of the herein described tract, same
  situated on the North line of a certain 3.923 acre tract conveyed in
  deed to Cecil A Koenig, recorded under C.F. No. 9720350, OPRRPMCT;
         THENCE N 00°07'33" E departing said Koenig Road and the South
  line of the 31.108 acre tract, severing same parcel for a distance
  of 614.95 feet to a 1/2" iron rod with cap scribed 'SR ESTES RPLS
  5631' found for the Northwest corner of the herein described tract
  on the South line of a certain 32.524 acre tract cited Tract IV
  conveyed by Partition Deed to Surcy L. Peoples, Jr., et ux
  described and recorded under C.F. No. 9307782, OPRRPMCT;
         THENCE S 89°55'29" E (Deed Call S.89°55'34"E. C.F. No. 9307782
  OPRRPMCT) along the South line of aforementioned Peoples 32.524
  acre Tract IV for a distance of 1770.18 feet to a 1/2" iron rod found
  for the Southwest corner of a certain 33.006 acre parcel cited as
  Tract V and described in same Partition Deed to Surcy L. Peoples,
  Jr., et ux as recorded under C.F. No. 9307782, OPRRPMCT and the
  Northwest corner of said 35.213 acre tract, for an inside corner on
  the North line of the herein described tract;
         THENCE S 89°55'29" E (Deed Call S.89°55'34"W.
  C.F. No. 9307782) along the South line of aforesaid Peoples 33.006
  acre Tract V for a distance of 891.58 feet to a 1/2" iron rod found
  for an inside ell corner of said 35.213 acre tract, for an inside
  ell corner of the herein described tract;
         THENCE N 00°00'07" E (Deed Call North, 152.73'
  C.F. No. 9307782) along a common inside line of aforementioned
  35.213 acre and 33.006 acre parcels for a distance of 152.75 feet to
  a 1/2" iron rod found for the upper Northwest corner of the herein
  described tract;
         THENCE S 89°55'34" E (Deed Call S.89°55'34"E., 1282.26'
  C.F. No. 9307782) along a South line of aforesaid Tract V and the
  North line of said 35.213 acre tract for a distance of 1283.39 feet
  to a 1/2" iron rod found for the Northeast corner of the herein
  described tract, same sited on the West boundary line of
  aforementioned John D. Hagerman et al 56.9509 acre tract recorded
  under C.F. No. 2002-051022, OPRRPMCT and from whence a 1/2" iron
  rod found for the Northeast corner of said 120 acres, the Northeast
  corner of aforesaid Tract V and the recognized Northeast corner of
  the Applewhite Survey, A-50 bears N 00°02'47" W a distance of 594.05
  feet (Deed Call N 00°05'33" W, 594.33' C.F. No. 9307782);
         THENCE S 00°02'47" E (Deed Call South, 188 / 416 MCDR) along
  the common East line of aforesaid 35.213 acres and the Residue of
  said 56.9509 acre tract for a distance of 767.59 feet to the
  Southeast corner and POINT OF BEGINNING of the herein described
  tract, in all containing 60.2044 acres (2,622,504 square feet) of
  land, more or less.
         TRACT 2
         Being all that certain tract or parcel of land containing
  9.0719 acres of land situated in the Henry Applewhite Survey, A-50,
  Conroe, Montgomery County, Texas, out of and a part of a Called 120
  acre tract described in Volume 188, Page 416, MCDR, said 9.0719
  acres being more particularly described by metes and bounds as
  follows, to wit:
         BEGINNING at a 1/2" iron rod found under asphalt pavement for
  the Southwest corner of a certain 31.108 acres of land cited Tract
  II, conveyed by Partition Deed to James W. Peoples, et ux described
  and recorded under Clerk's File No. 9307782 of the Official Public
  Records of Real Property of Montgomery County, Texas (OPRRPMCT),
  same 31.108 acres out of and a part of a Called 120 acre tract
  conveyed in deed to Surcy Peoples, et al described and recorded in
  Volume 188, Page 416 of Montgomery County Deed Records (MCDR) said
  120 acre South line located on the recognized Abstract division
  line between the Henry Applewhite Survey, A-50 and the Daniel
  F. Whillden Survey, A-640, same located within the used and
  occupied right-of-way of Peoples Road and from whence an axle found
  for the Southeast corner of said Called 120 acres, the recognized
  Southeast corner of the Applewhite Survey bears S 89°55'36" E a
  distance of 4353.61 feet ( Deed Call East 1511 Varas 188 / 416 MCDR)
  aforementioned tracts or parcels of land situated in the Henry
  Applewhite Survey, A-50, Conroe, Montgomery County, Texas;
         THENCE N 00°09'09" E (Deed Call North 188 / 416 MCDR) along the
  West line of said 31.108 acre tract, the West line of said Called
  120 acre Peoples tract and at a distance of 666.91 feet passing a PK
  nail in asphalt pavement for the Southwest corner of a certain
  0.8665 of one acre parcel described in deed to James W. Peoples
  recorded under C.F. No. 9137919, OPRRPMCT and from whence a Texas
  Forest Service brass spike found in asphalt pavement bears N
  00°08'55" W a distance of 1.58 feet, continuing for a total distance
  of 1084.14 feet to a PK nail found in asphalt pavement for the
  Northwest corner of the herein described tract, same being the
  Northwest corner of a certain 2.09 acre tract described in deed to
  James W. Peoples and recorded in Vol. 786, Pg. 47, MCDR and the
  Southwest corner of a 2.09 acre tract described in deed to Surcy
  L. Peoples, Jr. recorded in Vol. 806, Pg. 248 and from whence a 60D
  nail found for the Northwest corner of same parcel bears N 00°09'09"
  E a distance of 295.27 feet;
         THENCE S 89°56'29" E (Deed Call S.89°56'47"E., 309.55' 786 / 47
  MCDR) departing said Called 120 acre West line, along the North line
  of said James W. Peoples 2.09 acre tract, the South line of said
  Surcy L. Peoples, Jr. 2.09 acre parcel for a distance of 309.54 feet
  to a 1-1/4" iron pipe found in the West line of a certain 32.524 acre
  tract cited Tract IV conveyed by Partition Deed to Surcy
  L. Peoples, Jr., et ux described and recorded under
  C.F. No. 9307782, OPRRPMCT, for the upper Northeast corner of the
  herein described tract;
         THENCE S 00°07'32" W (Deed Call S.00°07'10"W. C.F.
  No. 9307782) along the West line of said Peoples 32.524 acre parcel
  for a distance of 469.27 feet to a 1/2" iron rod found for the
  Southwest corner of same tract and an inside ell corner of
  aforementioned James W. Peoples, et ux 31.108 acres, for an ell
  corner of the herein described tract;
         THENCE S 89°55'29" E (Deed Call S.89°55'34"W. C.F.
  No. 9307782) along the South line of said Peoples 32.524 acre
  parcel, the North line of said James W. Peoples, et ux 31.108 acres
  for a distance of 96.43 feet to a 1/2" iron rod with cap scribed 'SR
  ESTES RPLS 5631' found for the lower Northeast corner of the herein
  described tract and from whence a 1/2" iron rod found for the
  Northeast corner of said 31.108 acre parcel bears S 89°55'29" E a
  distance of 1770.18 feet;
         THENCE S 00°07'33" W departing said 31.108 acre tract North
  line and severing same parcel for a distance of 614.95 feet to a
  1/2" iron rod with cap scribed 'SR ESTES RPLS 5631' found for the
  Southeast corner of the herein described tract, same situated on
  the North line of a certain 3.923 acre tract conveyed in deed to
  Cecil A Koenig, recorded under C.F. No. 9720350, OPRRPMCT and
  located on the North line of Koenig Road (60 Ft. Road Easement 599 /
  427 MCDR);
         THENCE N 89°55'36" W along the North line of said Koenig Road
  for a distance of 406.48 feet to the Southwest corner and POINT OF
  BEGINNING of the herein described tract, in all containing 9.0719
  acres (395,173 square feet) of land, more or less.
         TRACT 3
         Being all that certain tract or parcel of land containing
  32.9958 acres of land situated in the Henry Applewhite Survey,
  A-50, Conroe, Montgomery County, Texas, out of and a part of a
  Called 120 acre tract described in Volume 188, Page 416, MCDR, said
  32.9958 acres being more particularly described by metes and bounds
  as follows, to wit:
         COMMENCING at an Axle found for the Southeast corner of a
  certain 35.213 acres of land cited Tract III conveyed by partition
  deed to James W. Peoples, et ux described and recorded under
  Clerk's File No. 9307782 of the Official Public Records of Real
  Property of Montgomery County, Texas (OPRRPMCT), same 35.213 acres
  out of and a part of a Called 120 acre tract conveyed in deed to
  Surcy Peoples, et al described and recorded in Volume 188, Page 416
  of Montgomery County Deed Records (MCDR) said 120 acre South line
  located on the recognized Abstract division line between the Henry
  Applewhite Survey, A-50 and the Daniel F. Whillden Survey, A-640,
  same Axle recognized by local surveyors as the Southeast corner of
  the Applewhite Survey and the Northeast corner of said Whillden
  Survey and the Northeast corner of a certain 15.950 acre parcel
  conveyed to Marcus Koenig et al described and recorded under
  C.F. No. 2001-096958, OPRRPMCT, the Northwest corner of The
  Woodlands Windsor Lakes Section 5, subdivision map or plat thereof
  recorded in Cabinet 'U', Sheet 19 of Montgomery County Map Records
  (MCMR), the Southwest corner of the Residue of a 56.9509 acre parcel
  described in deed to John D. Hagerman et al recorded under
  C.F. No. 2002-051022 and from whence a 1/2" iron rod found under
  asphalt pavement along Peoples Road, for the Southwest corner of
  said Called 120 acres and the Southwest corner of a certain 31.108
  acre tract cited as Tract II (C.F. No. 9307782) bears N 89°55'36" W
  a distance of 4,353.61 feet (Deed Call West 1511 Varas 188 / 416
  MCDR) aforementioned tracts or parcels of land situated in the
  Henry Applewhite Survey, A-50, Conroe, Montgomery County, Texas;
         THENCE N 00°02'47" W (Deed Call North 188 / 416 MCDR)
  departing said 35.213 acre Southeast corner and along the East line
  of same, the East line of aforementioned Called 120 acres same being
  the West boundary line of aforementioned John D. Hagerman, et al
  parcel for a distance of 767.59 feet to a 1/2" iron rod found for the
  Southeast corner of a certain Called 33.006 acre tract cited as
  Tract V conveyed in a deed to Surcy L. Peoples, Jr., et ux recorded
  under C.F. No. 9307782, OPRRPMCT same monument being the Southeast
  corner and POINT OF BEGINNING of the herein described tract;
         THENCE N 89°55'34" W (Deed Call N.89°55'34"W., 1282.26'
  C.F. No. 9307782 & Deed Call West 188 / 416 MCDR) along the South
  line of aforesaid Peoples Called 33.006 acre parcel, the occupied
  North line of said Peoples 35.213 acre tract for a distance of
  1,283.39 feet to a 1/2" iron rod found for an inside ell corner of
  the herein described tract;
         THENCE S 00°00'07" W (Deed Call South, 152.73'
  C.F. No. 9307782 OPRRPMCT) along an inside boundary line of
  aforementioned Peoples Called 33.006 acre parcel, an inside line of
  the said Peoples 35.213 acre tract for a distance of 152.75 feet to
  a 1/2" iron rod found for an inside ell corner of the herein
  described tract;
         THENCE N 89°55'29" W (Deed Call N.89°55'34"W., 891.90'
  C.F. No. 9307782 OPRRPMCT) continuing along an inside boundary
  line of said Tract V, an inside line of aforesaid Peoples 35.213
  acre parcel for a distance of 891.58 feet to a 1/2" iron rod found
  for the Southeast corner of a certain Called 32.524 acre tract
  conveyed in a deed to Surcy L. Peoples, Jr., et ux cited as Tract IV
  recorded under the same C.F. No. 9307782, OPRRPMCT for the
  Southwest corner of the herein described tract;
         THENCE N 00°01'04" E (Deed Call N.00°05'33"W., 755.70'
  C.F. No. 9307782 OPRRPMCT) along the East line of aforesaid Tract
  IV and the West boundary line of said Tract V, for a distance of
  755.34 feet to the South occupied margin of an unimproved road cited
  as Johnson-Martin Road (no right-of-way width or dedication found
  of record) an angle iron fence post corner found for the occupied
  Northwest corner of the herein described tract same being an inside
  Southerly boundary line of a portion of the Jones State Forest, a
  216.10 acre parcel cited as the First Tract, conveyed in a deed to
  the State of Texas / Texas A&M University as recorded in Volume 118,
  Page 375 MCDR and from whence a 1/2" iron rod found bears N 00°01'04"
  E a distance of 0.19 feet;
         THENCE S 89°42'01" E (Deed Call S.89°55'34"E. 
  C.F. No. 9307782 OPRRPMCT Deed Call N.87°14'53"E.  118 / 375 MCDR)
  along a South boundary line of aforesaid 216.10 acre First Tract
  for a distance of 2,174.29 feet to a 1/2" iron rod found for the
  Northeast corner of the herein described tract same sited on the
  South right-of-way line of Schoettle Road (35 Ft. R.O.W.) as
  recorded in Cabinet Y, Sheet 56 of Montgomery County Map Records
  (MCMR) same point being the Northwest corner of a certain 3.9944
  acre tract conveyed in a deed to Kenneth Earl Guinn and Evelyn
  Eugenia Martin recorded under C.F. No. 2002-051022, OPRRPMCT;
         THENCE S 00°02'46" E (Deed Call S 00°05'33" E, 594.33'
  C.F. No. 9307782 Deed Call S 00°07'12" E, C.F. No. 2002-051022
  OPRRPMCT Deed Call South, 188 / 416 MCDR) along the common East
  line of aforesaid Surcy Peoples, Jr., et ux Tract V and the West
  boundary of aforesaid 3.9944 acre tract for a distance of 594.05
  feet to the Southeast corner and POINT OF BEGINNING of the herein
  described tract, in all containing 32.9958 acres (1,437,299 square
  feet) of land, more or less.
         TRACT 4
         Being all that certain tract or parcel of land containing
  54.2960 acres of land situated in the Thomas Toby Survey, A-576,
  (Edward Hall Survey, A-576), Conroe, Montgomery County, Texas and
  being the Residue of a certain 56.9509 acre tract conveyed in
  Warranty Deed from Kenneth Earl Guinn and Evelyn Eugenia Martin to
  John D. Hagerman and wife, Linda L. Hagerman and Ronald R. Byrd and
  wife, Martha Byrd, described and recorded under Clerk's File
  No. 2002-051022 of the Official Public Records of Real Property of
  Montgomery County, Texas (OPRRPMCT) and being the same parent tract
  of land resurveyed as 56.9659 acres of land by Steven Ray Estes,
  RPLS No. 5631 on August 22, 2006 and being that same parcel or tract
  of land called 58.4 acres conveyed to Ernest Guinn et ux by deed
  recorded in Volume 220, Page 84 of Montgomery County Deed Records
  (MCDR) and being further out of Block No. 6 of the R. H. John
  Subdivision of the 'Edward Hall Two Surveys', described and
  recorded in Vol. 14, Pg. 579, MCDR and Volume 1, Page 6 of
  Montgomery County Map Records (MCMR), aforementioned properties
  situated in the Thomas Toby Survey, A-576, (Edward Hall Survey,
  A-576) said 54.2960 acres being more particularly described by
  metes and bounds as follows:
         BEGINNING at a 1/2" iron rod with cap found for the southeast
  corner of a certain 1.2925 acre parcel of land conveyed to the City
  of Conroe from John D. Hagerman and wife, Linda L. Hagerman, and
  Martha Byrd, Individually and as the Independent Administrator of
  the Estate of Ronald R. Byrd, Deceased, cited as Tract 1 Guinn Road
  Extension described and recorded under C.F. No. 2006-122795,
  OPRRPMCT, same sited on the east line of aforementioned 56.9509
  acre Hagerman et al tract, the east line of a 40 Ft. Roadway
  described in 14 / 579, MCDR and 1 / 6, MCMR and the west line of a
  certain 17.308 acre parcel conveyed to Western Rim Investors
  2002-1, L.P. described and recorded under C.F. No. 2002-063325,
  OPRRPMCT and from whence a 1/2" iron rod found for the northeast
  corner of said Hagerman et al 56.9509 acres bears N 00°32'59" W a
  distance of 35.00 feet, and located 4.26 feet Southeast from the
  occupied north line of Guinn Road (No Dedicated R.O.W. Found of
  Record), for the northeast corner of the herein described tract;
         THENCE S 00°32'59" E (Deed Call S.00°33'10"E.
  C.F. No. 2002-051022 OPRRPMCT) along the east line of
  aforementioned Hagerman et al 56.9659 acre tract and west line of
  said Western Rim Investors 2002-1, L.P. parcel and east line of the
  40 Ft. Roadway for a distance of 1311.74 feet to a 5/8" iron rod
  found for the southeast corner of the 56.9659 acres and sited on the
  north line of a certain Residue of 3888.76 acres conveyed to
  Woodlands Land Development, L.P. described under C.F. No. 9747722,
  OPRRPMCT and situated on the Abstract division line of the Thomas
  Toby Survey, A-576 and the James McCambridge Survey, A-390, for the
  southeast corner of the herein described tract;
         THENCE S 89°42'01" W (Deed Call S.89°41'03"W., 1965.38'
  C.F. No. 2002-051022) along the south line of aforementioned
  Hagerman et al 56.9659 acre tract and the south line of the Thomas
  Toby Survey, A-576 for a distance of 1965.35 feet to an axle found
  for the northwest corner of The Woodlands Windsor Lakes Section 5,
  map or plat thereof recorded in Cabinet 'U', Sheet 19 of Montgomery
  County Map Records (MCMR), the northeast corner of a certain 15.950
  acre tract conveyed in deed to Cecil A. Koenig described and
  recorded in 599 / 407, MCDR, the southeast corner of the James
  W. Peoples 35.213 acre tract described under C.F. No. 9307782,
  OPRRPMCT, the common southwest corner of aforementioned Hagerman et
  al 56.9659 acres and the herein described tract, said axle
  recognized by cartographers and accepted by local surveyors as the
  Four Corners of the James McCambridge Survey, A-390, the Daniel
  F. Whildon Survey, A-640, the Henry Applewhite Survey, A-50 and the
  Thomas Toby Survey, A-576;
         THENCE N 00°10'28" W (Deed Call N.00°11'26"E., 861.45'
  C.F. No. 2002-051022) departing said Four Corners axle and along
  the east line of said Peoples 35.213 acre tract and west line of
  said Hagerman 56.9659 acres for a distance of 861.64 feet to a 60D
  nail found for the lower northwest corner of the herein described
  tract of land, same being the southwest corner of a 3.9944 acre
  Out-Tract parcel described by metes and bounds to Kenneth Earl
  Guinn and Evelyn Eugenia Martin (herein cited as the Guinn-Martin
  tract) under aforementioned C.F. No. 2002-051022, same 60D nail
  sited on the east line of a certain 33.006 acre tract conveyed in
  deed to Surcy L. Peoples described under C.F. No. 9307782,
  OPRRPMCT;
         THENCE S 89°51'47" E (Deed Call S.89°51'47"E., 348.00'
  C.F. No. 2002-051022) along an inside line of said Hagerman 56.9659
  acre parcel and south line of said Guinn-Martin tract for a distance
  of 348.00 feet to a 1/2" iron rod found for the southeast corner of
  same 3.9944 acre tract and an inside corner of the herein described
  tract;
         THENCE N 00°10'28" W (Deed Call N.00°11'26"E.
  C.F. No. 2002-051022) along the east line of aforementioned
  Guinn-Martin tract and upper west line of said 56.9659 acre parcel
  and at a distance of 82.16 feet crossing the south line of a Called
  4.00 acre tract described in 960 / 554, MCDR to Evelyn Eugenia
  Martin and husband, Eugene L. Martin continuing for a total
  distance of 165.00 feet to a 5/8" iron rod with cap found for the
  southwest corner of a certain 1.3774 acre tract cited as Tract 2
  (Water Well Site) conveyed to the City of Conroe described under
  C.F. No. 2006-122795, OPRRPMCT, for an inside corner of the herein
  described tract;
         THENCE S 89°51'47" E (Deed Call S.89°51'47"E., 200.00'
  C.F. No. 2006-122795) departing aforementioned 3.9944 acre east
  line and upper west line of the Hagerman et al 56.9659 acre parcel
  and along the south line of the City of Conroe 1.3774 acres for a
  distance of 200.00 feet to a 5/8" iron rod with cap found for the
  southeast corner of same 1.3774 acres, for an inside corner of the
  herein described tract;
         THENCE N 00°10'28" W (Deed Call N.00°11'26"W., 300.00'
  C.F. No. 2006-122795) along the east line of aforementioned City of
  Conroe 1.3774 acre tract for a distance of 300.00 feet to a 5/8"
  iron rod with cap found for the northeast corner of same 1.3774
  acres and sited on the south line of aforementioned City of Conroe
  1.2925 acre Tract 1 (Guinn Road Extension) for the upper northwest
  corner of the herein described tract;
         THENCE S 89°51'47" E (Deed Call S.89°51'47"E. 
  C.F. No. 2006-122795) along the south line of said City of Conroe
  1.2925 acre Tract 1 for a distance of 1408.79 feet to the northeast
  corner and POINT OF BEGINNING of the herein described tract, in all
  containing 54.2960 acres (2,365,136 square feet) 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.
         (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)  If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  8422, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8422.106 to read as follows:
         Sec. 8422.106.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
         (b)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Subsection (c),
  Section 17, Article I, Texas Constitution.
         SECTION 5.  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, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 623 passed the Senate on
  April 11, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 623 passed the House on
  May 20, 2013, by the following vote:  Yeas 147, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor