82R3758 SGA-F
	By: Patrick	S.B. No. 475

	A BILL TO BE ENTITLED
	relating to the creation of the Harris County Municipal Utility
	District No. 524; 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 8354 to read as follows:
	CHAPTER 8354.  HARRIS COUNTY  MUNICIPAL UTILITY DISTRICT NO. 524
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 8354.001.  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 Harris County Municipal
	Utility District No. 524.
	Sec. 8354.002.  NATURE OF DISTRICT.  The district is a
	municipal utility district created under Section 59, Article XVI,
	Texas Constitution.
	Sec. 8354.003.  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. 8354.004.  CONSENT OF MUNICIPALITY REQUIRED. The
	temporary directors may not hold an election under Section 8354.003
	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. 8354.005.  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. 8354.006.  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 8354.007-8354.050 reserved for expansion]
	SUBCHAPTER B.  BOARD OF DIRECTORS
	Sec. 8354.051.  GOVERNING BODY; TERMS.  (a)  The district is
	governed by a board of five elected directors.
	(b)  Except as provided by Section 8354.052, directors serve
	staggered four-year terms.
	Sec. 8354.052.  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 8354.003; 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 8354.003 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 8354.003; 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 8354.053-8354.100 reserved for expansion]
	SUBCHAPTER C.  POWERS AND DUTIES
	Sec. 8354.101.  GENERAL POWERS AND DUTIES.  The district has
	the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 8354.102.  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. 8354.103.  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. 8354.104.  APPROVAL OF ROAD PROJECT.  (a)  The district
	may not undertake a road project authorized by Section 8354.103
	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. 8354.105.  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. 8354.106. LIMITATION ON USE OF EMINENT DOMAIN. The
	district may not exercise the power of eminent domain outside the
	district to acquire a site or easement for:
	(1)  a road project authorized by Section 8354.103; or
	(2)  a recreational facility as defined by Section
	49.462, Water Code.
	[Sections 8354.107-8354.150 reserved for expansion]
	SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
	Sec. 8354.151.  DIVISION OF DISTRICT; PREREQUISITES. The
	district may be divided into two or more new districts only if the
	district:
	(1)  has no outstanding bonded debt; and
	(2)  is not imposing ad valorem taxes.
	Sec. 8354.152.  LAW APPLICABLE TO NEW DISTRICT. This
	chapter applies to any new district created by division of the
	district, and a new district has all the powers and duties of the
	district.
	Sec. 8354.153.  LIMITATION ON AREA OF NEW DISTRICT. A new
	district created by the division of the district may not, at the
	time the new district is created, contain any land outside the area
	described by Section 2 of the Act enacting this chapter.
	Sec. 8354.154.  DIVISION PROCEDURES. (a) The board, on its
	own motion or on receipt of a petition signed by the owner or owners
	of a majority of the assessed value of the real property in the
	district, may adopt an order dividing the district.
	(b)  The board may adopt an order dividing the district
	before or after the date the board holds an election under Section
	8354.003 to confirm the district's creation.
	(c)  An order dividing the district:
	(1)  must:
	(A)  name each new district;
	(B)  include the metes and bounds description of
	the territory of each new district;
	(C)  appoint temporary directors for each new
	district, or provide that temporary directors are appointed in the
	manner provided by Section 8354.052(a); and
	(D)  provide for the division of assets and
	liabilities between the new districts; and
	(2)  is subject to a confirmation election in each new
	district.
	(d)  On or before the 30th day after the date of adoption of
	an order dividing the district, the district shall file the order
	with the commission and record the order in the real property
	records of each county in which the district is located.
	Sec. 8354.155.  CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
	A new district created by the division of the district shall hold a
	confirmation and directors' election as required by Section
	8354.003.
	(b)  The results of that election must be filed as required
	by Sections 49.102(e) and (f), Water Code.
	(c)  If the voters of a new district do not confirm the
	creation of the new district, the assets, liabilities, territory,
	and governance of the new districts revert to the original
	district.
	Sec. 8354.156.  MUNICIPAL CONSENT. Municipal consent to the
	creation of the district and to the inclusion of land in the
	district granted under Section 8354.004 acts as municipal consent
	to the creation of any new district created by the division of the
	district and to the inclusion of land in the new district.
	Sec. 8354.157.  TAX OR BOND ELECTION.  Before a new district
	created by the division of the district may impose a maintenance tax
	or issue bonds payable wholly or partly from ad valorem taxes, the
	new district must hold an election as required by this chapter to
	obtain voter approval.
	[Sections 8354.158-8354.200 reserved for expansion]
	SUBCHAPTER E.  GENERAL FINANCIAL PROVISIONS
	Sec. 8354.201.  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 8354.203.
	(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. 8354.202.  OPERATION AND MAINTENANCE TAX.  (a)  If
	authorized at an election held under Section 8354.201, 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. 8354.203.  CONTRACT TAXES.  (a)  In accordance with
	Section 49.108, Water Code, the district may impose a tax other than
	an operation and maintenance tax and use the revenue derived from
	the tax to make payments under a contract after the provisions of
	the contract have been approved by a majority of the district voters
	voting at an election held for that purpose.
	(b)  A contract approved by the district voters may contain a
	provision stating that the contract may be modified or amended by
	the board without further voter approval.
	[Sections 8354.204-8354.250 reserved for expansion]
	SUBCHAPTER F.  BONDS AND OTHER OBLIGATIONS
	Sec. 8354.251.  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. 8354.252.  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. 8354.253.  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 Harris County Municipal Utility District No.
	524 initially includes all the territory contained in the following
	area: 990.804 acres in 5 non-contiguous tracts out of Sections 9,
	10, 15, and 16 of Harris County School Land Survey, Abstract No 332,
	recorded in Vol 17, Pg 222 of the Deed Records of Harris County,
	Texas and including within Tracts 1, 2, 3, and 4 an unnamed 66 foot
	roadway as shown on the plat of said Harris County School Land being
	granted by Commissioners Award recorded in Vol 7448, Pg 181, HCDR;
	said roadway does not exist physically on the ground: (All bearings
	used herein are based on Highway Right-of-Way Maps provided by the
	Texas Department of Transportation)
	Tract 1
	A tract or parcel of land containing 255.572 acres (11,132,730
	square feet) out of Lots 9, 10, 15, and 16 of Section 9 and Lots 1,
	2, 7, & 8 of Section 16 of said Harris County School Land Survey,
	Abstract No 332, Harris County, Texas; said 255.572 acres being
	that same tract of land called 257.230 acres described by deed
	recorded in HCCF No M577056 ("Tract 1", therein) and conveyed to
	Delta Troy Interests, Ltd by deed recorded in X381657 and more
	particularly described by metes and bounds as follows:
	COMMENCING at a State Department of Highways and Public
	Transportation Horizontal Control Monument located in the
	southerly right-of-way line of U.S. 290, 160.00 feet at right
	angles from the centerline, across from Engineers Station
	109+27.74;
	THENCE along said southerly right-of-way line, clockwise,
	following the arc of a 1855.86 foot radius curve-to-the-right,
	subtending a central angle of 03 degrees 20 min 18 seconds, through
	an arc length of 108.13 feet (chord bearing of South 66 degrees 23
	minutes 38 seconds East, 108.12 feet) to a 5/8 inch iron rod found
	marking the POINT OF BEGINNING and most northerly Northeast corner
	of the herein described tract, same being the East corner of that
	called 12.4147 acre tract of land conveyed to Peter S. Terpstra,
	Trustee by deed recorded in HCCF No 20060246633;
	THENCE continuing along said right-of-way line and said curve,
	subtending a central angle of 06 degrees 36 minutes 09 seconds,
	through an arc length of 213.86 feet (chord bearing of South 61
	degrees 25 minutes 25 seconds East, 213.74 feet) to a 5/8 inch iron
	rod set marking the end of said curve; said point being located in
	the southerly right-of-way line of U.S. 290, 202.32 feet at right
	angles from the centerline, across from Engineers Station
	112+46.53;
	THENCE continuing along said right-of-line line, following the arc
	of a 1963.86 foot radius curve-to-the-left (radius point of said
	curve falls along a bearing of North 31 degrees 52 minutes 42
	seconds East), subtending a central angle of 12 degrees 31 minutes
	54 seconds, through an arc length of 429.54 feet (chord bearing of
	South 64 degrees 23 minutes 15 seconds East, 428.68 feet) to a 5/8
	inch iron rod set marking a point-of-tangency in the southerly
	right-of-way line; said point-of-tangency being located in the
	southerly right-of-way line of U.S. 290, 249.10 feet at right
	angles from the centerline, across from Engineers Station
	116+72.65;
	THENCE South 70 degrees 39 minutes 12 seconds East, along said
	right-of-way line, a distance of 382.15 feet to a 5/8 inch iron rod
	set marking the Northerly end of cut-back corner at the southwest
	corner of the intersection of said U.S. 290 and Binford Road; said
	corner being located in the southerly right-of-way line of U.S.
	290, 249.10 feet at right angles from the centerline, across from
	Engineers Station 120+54.80;
	THENCE South 30 degrees 37 minutes 41 seconds East, along said
	cut-back, a distance of 95.73 feet to a 5/8 inch iron rod set
	marking the Southerly end of said cut-back and the most Easterly
	Northeast corner of the herein described tract; said corner being
	located in the southerly right-of-way line of U.S. 290, 310.37 feet
	at right angles from the centerline, across from Engineers Station
	121+28.11;
	THENCE South 09 degrees 03 minutes 59 seconds East, along the
	westerly right-of-way of said Binford Road (right-of-way varies at
	this point), a distance of 452.04 feet to a 5/8 inch iron rod set
	marking an angle point in said right-of-way line; a 1 inch iron pipe
	found bears South 03 degrees 41 minutes 58 seconds East, 35.93 feet
	from said angle point;
	THENCE South 02 degrees 39 minutes 08 seconds East, along the
	westerly right-of-way line of said Binford Road (66' right-of-way)
	and crossing Lots 9 and 16 of said Section 9 and Lots 1 and 8 of
	Section 16, a distance of 3953.90 feet (call: 3954.35 feet) to a 5/8
	inch iron rod set marking the Southeast corner of the herein
	described tract, same being the Northwest corner of the
	intersection of U.S. 290 (old)/State Highway 6 (aka Hempstead
	Highway) and said Binford Road; a 5/8 inch iron rod found bears
	North 68 degrees 08 minutes 01 seconds West, 4.54 feet from said
	corner;
	THENCE North 68 degrees 08 minutes 01 seconds West, along the
	Northerly right-of-way line of said U.S. 290 (old)/State Highway 6
	(aka Hempstead Highway) and crossing Lots 8, 7, and 2 of said
	Section 16, a distance of 2899.51 feet (call: 2897.66 feet) to a 5/8
	inch iron set marking the Southwest corner of the herein described
	tract, same being the Southeast corner of that called 30.213 acre
	tract of land conveyed to Michael L. Perry and Edna A. Perry by deed
	recorded in HCCF No U717338; a 5/8 inch iron rod found bears South
	02 degrees 24 minutes 55 seconds East, 7.01 feet from said corner;
	THENCE North 02 degrees 24 minutes 55 seconds West, along the
	Easterly line of said 30.213 acres, same being the Westerly line of
	Lot 2 of said Section 16 and of Lots 15, 10, and 7 of said Section 9,
	and with the Easterly line of that called 70.801 acre tract conveyed
	to A.J. Foyt, Jr. by deed recorded in HCCF No U071611 and that
	called 11.15 acre tract conveyed to L.J. Hakemack and wife, Ney
	Hakemack, by deed recorded in HCCF No P056681, a distance of 3736.61
	feet (call: 3753.11 feet) to a point for corner at the Northwest
	corner of the herein described tract, same being the Southwest
	corner of the aforesaid 12.4147 acre Terpstra Tract;
	THENCE North 87 degrees 11 minutes 26 seconds East, along the
	Southerly line of said 12.4147 acre tract, a distance of 1612.53
	feet (call: 1623.36 feet) to the Point of Beginning and containing
	255.572 Acres (11,132,730 square feet) of land.
	Tract 2
	A tract or parcel of land containing 440.146 acres (19,172,762
	square feet) out of Lots 11-15 of Section 10 and Lots 1-12, 15, & 16
	of Section 15 of said Harris County School Land Survey, Abstract No
	332, Harris County, Texas; said 440.146 acres out of that same tract
	of land called 451.6392 acres described by deed recorded in HCCF No
	M577056 ("Tract 2-A", therein) and conveyed to Delta Troy
	Interests, Ltd by deed recorded in X381657 and more particularly
	described by metes and bounds as follows:
	COMMENCING at a State Department of Highways and Public
	Transportation Horizontal Control Monument located in the
	southerly right-of-way line of U.S. 290, 160.00 feet at right
	angles from the centerline, across from Engineers Station
	109+27.74;
	THENCE South 70 degrees 39 minutes 12 seconds East, a distance of
	1690.16 feet to a point-of-curvature in the former southerly
	right-of-way line of said U.S. 290; said point-of-curvature being
	located 160.00 feet at right angles from the centerline, across
	from Engineers Station 126+17.90;
	THENCE along said former southerly right-of-way line, clockwise,
	following the arc of a 7479.44 foot radius curve-to-the-right
	(radius point of said curve falls along a bearing of South 19
	degrees 20 minutes 48 seconds West), subtending a central angle of
	03 degrees 05 min 32 seconds, through an arc length of 403.66 feet
	(chord bearing of South 69 degrees 06 minutes 26 seconds East,
	403.61 feet) to a 5/8 inch iron rod set in the current Southerly
	right-of-way line of said U.S. 290 marking the POINT OF BEGINNING
	and the most Easterly Northwest corner of the herein described
	tract; said point being located 160.00 feet at right angles from the
	centerline, across from Engineers Station 130+30.21;
	THENCE continuing along said right-of-way line and said curve,
	subtending a central angle of 13 degrees 42 minutes 56 seconds,
	through an arc length of 1790.44 feet (chord bearing of South 60
	degrees 42 minutes 12 seconds East, 1786.17 feet) to a 5/8 inch iron
	rod set marking a point-of-tangency in said right-of-way line; said
	point being located in the southerly right-of-way line of U.S. 290,
	160.00 feet at right angles from the centerline, across from
	Engineers Station 148+59.00;
	THENCE South 53 degrees 50 minutes 44 seconds East, along said
	right-of-way line, a distance of 2795.16 feet (call: 2793.73 feet -
	TxDOT) to a 5/8 inch iron rod found marking a point-of-curvature in
	said right-of-way line;
	THENCE along said southerly right-of-way line, clockwise,
	following the arc of a 532.96 foot radius curve-to-the-right,
	subtending a central angle of 51 degrees 31 min 30 seconds (call: 51
	degrees 32 minutes 51 seconds - TxDOT), through an arc length of
	478.76 feet (call: 479.28 feet - TxDOT) (chord bearing of South 28
	degrees 04 minutes 59 seconds East, 463.29 feet) to a 5/8 inch iron
	rod found marking a point-of-tangency in said southerly
	right-of-way line;
	THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
	degrees 17 minutes 53 seconds East - TxDOT), along said southerly
	right-of-way line, a distance of 187.88 feet (call: 188.32 feet -
	TxDOT) to a 5/8 inch iron rod found marking a point-of-curvature in
	said southerly right-of-way line;
	THENCE counter-clockwise continuing along said right-of-way line
	and a 612.96 foot radius curve-to-the-left, subtending a central
	angle of 24 degrees 29 minutes 23 seconds (call: 24 degrees 34
	minutes 06 seconds), through an arc length of 261.99 feet (call:
	262.84 feet) (chord bearing of South 14 degrees 33 minutes 56
	seconds East, 260.00 feet) to a 5/8 inch iron rod set for corner,
	same being the most Northerly corner of that called 1.939 acre tract
	of land conveyed to the State of Texas as a Drainage Easement for
	Highway Purposes by deed recorded in HCCF No R450176 out of that
	called 30 acre residue of that called 920.21 acre Schindler "First
	Tract" as described by deed recorded in Vol 2187, Pg 525, HCDR;
	THENCE South 63 degrees 11 minutes 23 seconds West (call: South 63
	degrees 08 minutes 01 seconds West), along the northwesterly line
	of said 1.939 acre tract, a distance of 620.23 feet (call: 620.08
	feet) to a 5/8 inch iron rod set at the northwesterly corner of said
	1.939 acre tract;
	THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
	degrees 17 minutes 53 seconds East), along the westerly line of said
	1.939 acre tract, passing at a distance of 1102.28 feet (call:
	1100.29 feet) a 1/2 inch iron rod found marking the Southwest corner
	of said 1.939 acre and 30 acre tract and the Northwest corner of
	that called 10.298 acre tract conveyed to MRJ Wood Products by deed
	recorded in HCCF No U232228, continuing along the westerly line of
	said 10.298 acre tract, a total distance of 1502.28 feet (call:
	1500.29 feet) to a 5/8 inch iron rod set for corner, same being the
	southwest corner of said 10.298 acre tract;
	THENCE North 87 degrees 40 minutes 46 seconds East (call: North 87
	degrees 42 minutes 07 seconds East), along the southerly line of
	said 10.298 acre tract, a distance of 1121.41 feet to a 5/8 inch
	iron rod set in the Westerly right-of-way line of Kickapoo Road
	marking the most Northerly Southeast corner of the herein described
	tract, same being the southeasterly corner of said 10.298 acre
	tract;
	THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
	degrees 17 minutes 53 seconds East), along the Westerly
	right-of-way line of said Kickapoo Road, a distance of 939.31 feet
	(call: 938.70 feet) to a 1 inch iron pipe found for corner, same
	being the Northeast corner of that called 2.401 acre tract conveyed
	to Leaman Building Materials by deed recorded in HCCF No X159580
	("Tract One");
	THENCE North 68 degrees 08 minutes 01 seconds West, along the
	northerly line of said 2.401 acre tract, a distance of 597.94 feet
	(call: 600.00') to a 5/8 inch iron rod set for corner, same being
	the Northwest corner of said 2.401 acre tract;
	THENCE South 02 degrees 19 minutes 14 seconds East, along the
	westerly line of said 2.401 acre tract and that called 1.804 acre
	tract also conveyed to said Leaman Building Materials in said HCCF
	No X159580 ("Tract Two"), a distance of 362.42 feet (call: 363.00
	feet) to a 5/8 inch iron rod set in the northerly right-of-way line
	of U.S. 290 (old)/State Highway 6 (aka Hempstead Highway) marking
	the most Southerly Southeast corner of the herein described tract;
	a 1 inch iron rod found bears South 02 degrees 19 minutes 14 seconds
	East, 2.33 feet from said property corner; a 2 inch iron rod found
	marking the Northeast corner of the intersection of said Kickapoo
	Road and said U.S. 290 (old)/State Highway 6 (aka Hempstead
	Highway) bears South 68 degrees 08 minutes 01 seconds East, 670.29
	feet from said property corner;
	THENCE North 68 degrees 08 minutes 01 seconds West, along the
	northerly right-of-way line of said U.S. 290 (old)/State Highway 6
	(aka Hempstead Highway), a distance of 5170.99 feet (call: 5167.61
	feet) to a 5/8 inch iron rod set marking the Southwest corner of the
	herein described tract, same being the Northeast corner of the
	intersection of Binford Road and said U.S. 290 (old)/State Highway
	6 (aka Hempstead Highway); a 5/8 inch iron rod set marking the
	Northwest corner of said intersection bears North 68 degrees 08
	minutes 01 seconds West, 72.54 feet from which a 5/8 inch iron rod
	found bears North 68 degrees 08 minutes 01 seconds West, 4.54 feet;
	THENCE North 02 degrees 39 minutes 08 seconds West, along the
	Easterly right-of-way of said Binford Road (66' right-of-way), a
	distance of 3983.74 feet (call: 3984.16 feet) to a 5/8 inch iron rod
	set marking an angle point in said Easterly right-of-way line;
	THENCE North 03 degrees 59 minutes 00 seconds East, continuing
	along the Easterly right-of-way of said Binford Road (right-of-way
	varies at this point), a distance of 370.66 feet to a 5/8 inch iron
	rod set marking the Southerly end of cut-back corner at the
	southeast corner of the intersection of the aforesaid U.S. 290
	(new) and said Binford Road; said corner being located in the
	southerly right-of-way line of U.S. 290, 326.25 feet at right
	angles from the centerline, across from Engineers Station
	123+06.25;
	THENCE North 56 degrees 39 minutes 54 seconds East, along said
	cut-back, a distance of 97.00 feet to a 5/8 inch iron rod set
	marking the most Northerly Northwest corner of the herein described
	tract; said corner being located in the southerly right-of-way line
	of U.S. 290, 249.10 feet at right angles from the centerline, across
	from Engineers Station 123+65.05;
	THENCE South 70 degrees 39 minutes 12 seconds East, along said
	right-of-way line, a distance of 107.61 feet to a 5/8 inch iron rod
	set marking a point-of-curvature in said right-of-way line; said
	point-of-curvature being located in the southerly right-of-way
	line of U.S. 290, 249.10 feet at right angles from the centerline,
	across from Engineers Station 124+72.67;
	THENCE continuing along said right-of-line line,
	counter-clockwise, following the arc of a 1963.86 foot radius
	curve-to-the-left (radius point of said curve falls along a bearing
	of North 19 degrees 20 minutes 48 seconds East), subtending a
	central angle of 16 degrees 13 minutes 27 seconds, through an arc
	length of 556.10 feet (chord bearing of South 78 degrees 45 minutes
	56 seconds East, 554.24 feet) to the POINT OF BEGINNING and
	containing 440.146 acres (19,172,762 square feet) of land.
	Tract 3
	A tract or parcel of land containing 10.536 acres (458,955 square
	feet) out of Lot 1 of Section 15 of said Harris County School Land
	Survey, Abstract No 332, Harris County, Texas; said 10.536 acres
	being that same tract of land called 10.5483 acres described by deed
	recorded in HCCF No M577056 ("Tract 3", therein) and conveyed to
	Delta Troy Interests, Ltd by deed recorded in X381657 and more
	particularly described by metes and bounds as follows:
	BEGINNING at a 1/2 inch iron rod found marking the Northwest corner
	of the intersection of the northerly right-of-way line of U.S. 290
	and the westerly right-of-way line of Kickapoo Road (66'
	right-of-way), same being the Southeast corner of the herein
	described tract;
	THENCE North 87 degrees 42 minutes 07 seconds West, along the
	northerly right-of-way line of said U.S. 290, a distance of 468.34
	feet to a 5/8 inch iron rod set marking a point-of-curvature in
	said northerly right-of-way line; a 3/8 inch iron rod found bears
	South 56 degrees 27 minutes 32 seconds East, 2.03 feet from said
	point-of-curvature;
	THENCE clockwise along said northerly right-of-way line and
	following a 532.96 foot radius curve-to-the-right, subtending a
	central angle of 38 degrees 27 minutes 09 seconds, through an arc
	length of 357.68 feet (chord bearing of North 73 degrees 04 minutes
	18 seconds West, 351.01 feet) to a 5/8 inch iron rod set marking a
	point-of-tangency in said northerly right-of-way line; said
	point-of-tangency being located in the northerly right-of-way line
	of U.S. 290, 160.00 feet at right angles from the centerline, across
	from Engineers Station 174+17.41;
	THENCE North 53 degrees 50 minutes 44 seconds West, along said
	northerly right-of-way line, a distance of 595.14 feet (call:
	596.40 feet) to a 5/8 inch iron rod set marking the Northwest corner
	of the herein described tract in the common line of Lot 16 of
	Section 10 and said Lot 1 of Section 15;
	THENCE North 87 degrees 57 minutes 51 seconds East, along said
	common line, same being the centerline of the aforesaid unnamed 66'
	roadway, a distance of 1266.25 feet (call: 1266.84 feet) to a 5/8
	inch iron rod set in the westerly right-of-way line of said Kickapoo
	Road marking the Northeast corner of the herein described tract; a 1
	inch iron pipe found marking the Southeast corner of the called
	78.9245 acre Schindler tract bears North 02 degrees 15 minutes 05
	seconds West, 33.00 feet for reference;
	THENCE South 02 degrees 15 minutes 05 seconds East, along the
	westerly right-of-way line of said Kickapoo Road, a distance of
	479.89 feet (call: 480.13 feet) to the POINT OF BEGINNING and
	containing 10.536 acres (458,955 square feet) of land.
	Tract 4
	A tract or parcel of land containing 283.558 acres (12,351,801
	square feet) out of Lots 1, 2, 3, 6-11, 15, & 16 of Section 10 of
	said Harris County School Land Survey, Abstract No 332, Harris
	County, Texas; said 283.558 acres being out of that tract of land
	called 393.3575 acres described by deed recorded in HCCF No M577056
	("Tract 4-A", therein) and conveyed to Delta Troy Interests, Ltd by
	deed recorded in X381657 and more particularly described by metes
	and bounds as follows:
	BEGINNING at a 5/8 inch iron rod set marking the Northeast corner of
	the herein described tract, same being the southwest corner of the
	intersection of Kickapoo Road and said FM 2920 (aka Waller-Tomball
	Road); a 1 inch iron pipe found bears South 02 degrees 15 minutes 05
	seconds East, 0.99 foot from said property corner;
	THENCE South 02 degrees 15 minutes 05 seconds East (call: South 02
	degrees 17 minutes 53 seconds East), along the westerly
	right-of-way line of said Kickapoo Road (66' right-of-way), a
	distance of 2592.60 feet (HCCF No M798918; call: 2593.01 feet-HCCF
	No M577056) to a 5/8 inch iron rod set marking the most northerly
	Southeast corner of the herein described tract, same being in the
	common line of Lots 8 and 9 of said Section 10 and being the
	Northeast corner of that called 78.9245 acre Schindler tract of
	land described in HCCF No M798918 and that called 23.6773 acre tract
	out of same conveyed to Michael McDonald and wife, Kimela McDonald,
	by deed recorded in HCCF No X611580; a 5/8 inch iron rod found bears
	North 87 degrees 33 minutes 33 seconds East, 2.99 feet from said
	corner;
	Thence South 87 degrees 33 minutes 33 seconds West, along the common
	line of said Lots 8 and 9, same being the northerly line of said
	78.9245 acre Schindler tract, a distance of 1316.56 feet (call:
	1316.44 feet - HCCF No M798918) to a 1 inch iron pipe found for
	corner, same being the common corner of Lots 7, 8, 9, and 10 of said
	Section 10 and the Northwest corner of said 78.9245 acre Schindler
	tract; a capped iron rod found bears North 41 degrees 57 minutes 18
	seconds East, 12.64 feet from said corner;
	THENCE South 02 degrees 31 minutes 48 seconds East, along the common
	line of Lots 9, 10, 15, and 16 of said Section 10, same being the
	westerly line of said 78.9245 acre Schindler tract, passing at a
	distance of 2618.58 feet (call: 2617.89 feet- HCCF No M798918) a 1
	inch iron pipe found marking the most Southwest corner of said
	78.9245 acre Schindler tract, same being in the northerly line of
	the aforesaid unnamed 66' roadway, continuing a total distance of
	2621.94 feet (call: 2631.01 feet) to a 5/8 inch iron rod set in the
	northerly right-of-way line of the aforesaid U.S. 290 marking the
	most southerly Southeast corner of the herein described tract;
	THENCE North 53 degrees 50 minutes 44 seconds West, along the
	northerly right-of-way line of said U.S. 290, a distance of 1915.33
	feet (call: 1917.64 feet) to a 5/8 inch iron rod set marking a
	point-of-curvature in the northerly right-of-way line of U.S. 290,
	160.00 feet at right angles from the centerline, across from
	Engineers Station 148+59.00;
	THENCE along said northerly right-of-way line, counter-clockwise,
	following the arc of a 7799.44 foot radius curve-to-the-left,
	subtending a central angle of 04 degrees 50 min 53 seconds, through
	an arc length of 659.96 feet (chord bearing of North 55 degrees 16
	minutes 11 seconds West, 659.76 feet) to the Southwest corner of the
	herein described tract, same being the Southeast corner of that
	called 107.6370 acre tract conveyed to Peter S. Terpstra by deed
	recorded in HCCF No 20070033123; a 3/8 inch iron rod found bears
	South 79 degrees 56 minutes 25 seconds West, 0.88 foot from said
	corner;
	THENCE North 02 degrees 18 minutes 00 seconds West, crossing Lots
	11, 6, and 3 of said Section 10 and along the easterly line of said
	107.6370 acre tract, a distance of 3638.55 feet (call: 3639.80
	feet) to a 5/8 inch iron rod set in the southerly right-of-way line
	of FM 2920 (aka Waller-Tomball Road - 100' right-of-way) marking
	the Northwest corner of the herein described tract, same being the
	Northeast corner of said 107.6370 acres; 5/8 inch iron rods found
	marking the northeast and northwest corners of a 10'x20' SWBT
	easement dedicated by instrument recorded in HCCF No H844991 bear
	South 87 degrees 42 minutes 00 seconds West, along said southerly
	right-of-way line at 379.81 feet and 399.81 feet, respectively,
	from said property corner;
	THENCE North 87 degrees 42 minutes 00 seconds East, along said
	southerly right-of-way line, passing at 2940.90 feet a 5/8 inch
	iron rod found marking the northeast corner of a 20'x20' SWBT
	easement dedicated by instrument recorded in HCCF No H844992,
	continuing a total distance of 3341.68 feet (call: 3335.99 feet) to
	the POINT OF BEGINNING and containing 283.558 acres (12,351,801
	square feet) of land.
	Tract 5
	Being 0.992 acre (43,220 square feet) out of Lot 1, Section 9 of
	Harris County School Land Survey, Abstract No 332 and being that
	called 1 acre conveyed to Leon Schindler and R.G. Schindler by deed
	recorded in Volume 2187, Page 525 of the Deed Records of Harris
	County, Texas; said 0.992 acre fronting 208.00 feet on Binford Road
	and being surrounded on three sides by that called 127.96 acre tract
	conveyed to Peter S. Terpstra, Trustee, by deed recorded in HCCF Nos
	20060246634 & 20060246637; said 0.992 acre also being that same
	tract of land called 1 acre conveyed to Leon Schindler and R.G.
	Schindler by deed recorded in Vol 2187, Pg 525, HCDR ("Fourth
	Tract", therein) and called 0.9922 acre as described by deed
	recorded in HCCF No M577056 ("Tract 5", therein) and conveyed to
	Delta Troy Interests, Ltd by deed recorded in X381657 and more
	particularly described by metes and bounds as follows:
	COMMENCING at a 5/8 inch iron rod found marking the Southerly end of
	cut-back corner at the northwest corner of the intersection of the
	aforesaid U.S. 290 (new) and Binford Road; said corner being
	located in the northerly right-of-way line of U.S. 290, 248.90 feet
	at right angles from the centerline, across from Engineers Station
	118+23.58;
	THENCE North 56 degrees 39 minutes 54 seconds East, along said
	cut-back, a distance of 97.00 feet to a point in the westerly
	right-of-way line of said Binford Road at the Northerly end of said
	cut-back;
	THENCE North 03 degrees 59 minutes 00 seconds East, along the
	westerly right-of-way line of said Binford Road (right-of-way
	varies at this point), a distance of 370.87 feet to a 5/8 inch iron
	rod found marking an angle point in said westerly right-of-way
	line;
	THENCE North 02 degrees 42 minutes 01 seconds West, along the
	westerly right-of-way line of said Binford Road (66' right-of-way),
	a distance of 1690.50 feet to a 1 inch iron pipe found marking the
	POINT OF BEGINNING and southeast corner of the herein described
	tract;
	THENCE South 89 degrees 52 minutes 54 seconds West, crossing said
	Lot 1 of Section 9, a distance of 208.00 feet to a 5/8 inch iron rod
	set marking the southwest corner of the herein described tract; a
	5/8 inch iron rod found bears North 14 degrees 12 minutes 39 seconds
	East, 2.36 feet from said corner;
	THENCE North 02 degrees 42 seconds 01 seconds West (call: North 02
	degrees 41 seconds 16 seconds West, crossing said Lot 1 of Section
	9, a distance of 208.00 feet to a 5/8 inch iron rod set marking the
	northwest corner of the herein described tract;
	THENCE North 89 degrees 52 minutes 54 seconds East, crossing said
	Lot 1 of Section 9, a distance of 208.00 feet to a 1 inch iron pipe
	found in the westerly right-of-way line of said Binford Road (66'
	right-of-way) marking the northeast corner of the herein described
	tract;
	THENCE South 02 degrees 42 minutes 01 seconds East (call:
	South 02 degrees 41 minutes 16 seconds East, along the westerly
	right-of-way line of said Binford Road, a distance of 208.00 feet to
	the POINT OF BEGINNING and containing 0.992 acre (43,220 square
	feet) of land.
	SECTION 3.  (a)  The legal notice of the intention to
	introduce this Act, setting forth the general substance of this
	Act, has been published as provided by law, and the notice and a
	copy of this Act have been furnished to all persons, agencies,
	officials, or entities to which they are required to be furnished
	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
	Government Code.
	(b)  The governor, one of the required recipients, has
	submitted the notice and Act to the Texas Commission on
	Environmental Quality.
	(c)  The Texas Commission on Environmental Quality has filed
	its recommendations relating to this Act with the governor, the
	lieutenant governor, and the speaker of the house of
	representatives within the required time.
	(d)  All requirements of the constitution and laws of this
	state and the rules and procedures of the legislature with respect
	to the notice, introduction, and passage of this Act are fulfilled
	and accomplished.
	SECTION 4.  (a)  Section 8354.106, 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 8354, Special
	District Local Laws Code, as added by Section 1 of this Act, is
	amended by adding Section 8354.106 to read as follows:
	Sec. 8354.106.  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.