82R20365 PMO-F
 
  By: Gallego H.B. No. 3804
 
  Substitute the following for H.B. No. 3804:
 
  By:  Beck C.S.H.B. No. 3804
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Lajitas Utility District No. 1 of
  Brewster County; providing authority to impose taxes and issue
  bonds; granting a limited power of eminent domain.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle X, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 11002 to read as follows:
  CHAPTER 11002.  LAJITAS UTILITY DISTRICT NO. 1 OF BREWSTER COUNTY
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 11002.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Lajitas Utility District No.
  1 of Brewster County.
         Sec. 11002.002.  NATURE OF DISTRICT.  The district is a
  utility district with combined powers created under Section 59,
  Article XVI, Texas Constitution.
         Sec. 11002.003.  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. 11002.004.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
  (a)  The district is created to serve a public purpose and benefit.
         (b)  All land and other property included in the district
  will benefit from the improvements and services to be provided by
  the district under powers conferred by Sections 52 and 52-a,
  Article III, and Section 59, Article XVI, Texas Constitution, and
  other powers granted under this chapter.
         (c)  The 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;
               (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; and
               (3)  Section 52-a, Article III, Texas Constitution,
  that relate to the development and diversification of the economy
  of this state and other purposes of that section.
         (d)  The creation of the district is in the public interest
  and essential to:
               (1)  further the public purposes of developing and
  diversifying the economy of the state;
               (2)  eliminate unemployment and underemployment; and
               (3)  develop or expand transportation and commerce.
         (e)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, potential employees, employees, visitors,
  and consumers in the district, and of the public;
               (2)  provide needed funding for the district to
  preserve, maintain, and enhance the economic health and vitality of
  the district territory as a community and business center; and
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways and by landscaping and
  developing certain areas in the district, which are necessary for
  the restoration, preservation, and enhancement of scenic beauty.
         (f)  Pedestrian ways along or across a street, whether at
  grade or above or below the surface, and street lighting, street
  landscaping, parking, and street art objects are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (g)  The district is not an agent or instrumentality of a
  private interest even though the district will benefit private
  interests as well as the public.
         Sec. 11002.005.  INITIAL DISTRICT TERRITORY.  (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act creating this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act creating this chapter form a closure.  A mistake 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 11002.006-11002.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 11002.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 11002.052, directors
  serve staggered four-year terms.
         Sec. 11002.052.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Brent Ratliff;
               (2)  George Kutch;
               (3)  John Nolan;
               (4)  Renee Lorenz; and
               (5)  H. C. Ross.
         (b)  If a temporary director fails to qualify for office, the
  temporary directors who have qualified shall appoint a person to
  fill the vacancy.
         (c)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 11002.003; or
               (2)  the fourth anniversary of the effective date of
  the Act creating this chapter.
         (d)  If permanent directors have not been elected under
  Section 11002.003 and the terms of the temporary directors have
  expired, successor temporary directors shall be appointed or
  reappointed as provided by Subsection (e) to serve terms that
  expire on the earlier of:
               (1)  the date permanent directors are elected under
  Section 11002.003; or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (e)  If Subsection (d) applies, the owner or owners of a
  majority of the assessed value of the real property in the district
  may submit a petition to the Texas Commission on Environmental
  Quality requesting that the commission appoint as successor
  temporary directors the five persons named in the petition.  The
  commission shall appoint as successor temporary directors the five
  persons named in the petition.
  [Sections 11002.053-11002.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 11002.101.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 11002.102.  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. 11002.103.  IMPROVEMENT PROJECTS AND SERVICES. Except
  as provided by Section 11002.113, the district may provide
  improvement projects and services in the same manner as a municipal
  management district under Section 375.112, Local Government Code.
         Sec. 11002.104.  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 Texas Commission on Environmental Quality as required by
  Section 54.234, Water Code.
         (c)  The district, at the district's expense, shall repair
  and maintain any internal streets and roads in the district.  
  Brewster County has no obligation to repair or maintain the
  internal streets and roads in the district, even on dissolution of
  the district.
         Sec. 11002.105.  APPROVAL OF ROAD PROJECT.  (a)  The district
  may not undertake a road project authorized by Section 11002.104
  unless:
               (1)  each county that will operate and maintain the
  road has approved the plans and specifications of the road project,
  if a 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. 11002.106.  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. 11002.107.  LIMITATION ON USE OF EMINENT DOMAIN. (a)  
  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 11002.104; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
         (b)  If the district's exercise of its eminent domain power
  requires relocating, raising, lowering, rerouting, or altering the
  construction of any electric transmission or electric distribution
  line, conduit, pole, or facility, the district must bear the actual
  cost of relocating, raising, lowering, rerouting, or altering the
  construction of any electric transmission or electric distribution
  line to provide a comparable replacement without enhancing the
  facility, after deducting from the cost the net salvage value
  derived from the old facility.
         Sec. 11002.108.  ELECTRIC POWER FACILITIES. The district
  may construct or acquire electric power generating, transmission,
  and distribution facilities and improvements in aid of these
  facilities.
         Sec. 11002.109.  AIRPORT. The district may construct,
  acquire, improve, maintain, and operate an airport and improvements
  in aid of the airport.
         Sec. 11002.110.  EXERCISE OF POWERS OF DEVELOPMENT
  CORPORATION.  The district may exercise the powers of a corporation
  created under the Development Corporation Act (Subtitle C1, Title
  12, Local Government Code).
         Sec. 11002.111.  DIVISION OF DISTRICT. (a) 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.
         (b)  This chapter applies to any new district created by the
  division of the district, and a new district has all the powers and
  duties of the district.
         (c)  Any 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 creating this
  chapter.
         (d)  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.
         (e)  The board may adopt an order dividing the district
  before or after the date the board holds an election under Section
  11002.003 to confirm the district's creation.
         (f)  An order dividing the district shall:
               (1)  name each new district;
               (2)  include the metes and bounds of each new district;
               (3)  appoint temporary directors for each new district;
  and
               (4)  provide for the division of assets and liabilities
  between or among the new districts.
         (g)  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 Texas Commission on Environmental Quality and record the
  order in the real property records of each county in which the
  district is located.
         (h)  Any new district created by the division of the district
  shall hold a confirmation and directors' election as required by
  Section 11002.003.
         (i)  Any new district created by the division of the district
  must hold an election as required by this chapter to obtain voter
  approval before the district may impose a maintenance tax or issue
  bonds payable wholly or partly from ad valorem taxes.
         Sec. 11002.112.  GROUNDWATER REGULATION.  Section 36.121,
  Water Code, does not apply to a groundwater well owned or used by
  the district within the boundaries of the Brewster County
  Groundwater Conservation District.  The rules of the Brewster
  County Groundwater Conservation District govern a groundwater well
  owned or used by the district within the Brewster County
  Groundwater Conservation District.
         Sec. 11002.113.  RETAIL ELECTRIC UTILITY SERVICES
  PROHIBITED. The district may not provide retail electric utility
  services, including transmission and distribution services, to
  residential, retail, commercial, industrial, or other customers
  inside or outside the district.
  [Sections 11002.114-11002.150 reserved for expansion]
  SUBCHAPTER D. TRANSFER OF PUBLIC IMPROVEMENTS
         Sec. 11002.151.  DEFINITION.  In this subchapter, "receiving
  entity" means the entity that holds a certificate of convenience
  and necessity issued by the Public Utility Commission of Texas for
  the territory included in the district.
         Sec. 11002.152.  TRANSFER OF CERTAIN IMPROVEMENTS REQUIRED.
  Subject to Section 11002.155, the district shall transfer
  improvements described by Section 11002.108 in accordance with this
  section on the later of:
               (1)  the date that the district acquires or completes
  the improvement; or
               (2)  the date the receiving entity approves the
  transfer.
         Sec. 11002.153.  CONSTRUCTION STANDARDS.  A public
  improvement transferred under this subchapter must be constructed
  in compliance with:
               (1)  the requirements and specifications established
  by the receiving entity on or before the date that construction of
  the improvement begins; and
               (2)  any tariffs for the electric utility or
  cooperative that is the receiving entity.
         Sec. 11002.154.  PARTIAL TRANSFER IN STAGES. The district
  may transfer part of an improvement under this subchapter if the
  district completes construction of the improvement in stages.
         Sec. 11002.155.  TRANSFER WITHOUT DEBT REQUIRED. The
  district shall convey all improvements that it is required to
  transfer under this subchapter without debt or other encumbrance.
         Sec. 11002.156.  OWNERSHIP AND RESPONSIBILITY AFTER
  TRANSFER. (a) After a transfer under this subchapter, the
  receiving entity owns the improvement and has sole jurisdiction and
  control over the improvement.  On acceptance of the transfer, the
  receiving entity is responsible for all maintenance of the
  improvement, and the district is not responsible for the
  improvement or its maintenance.
         (b)  This section does not affect any authority of the
  receiving entity to alter, relocate, close, or discontinue
  maintenance of an improvement.
         Sec. 11002.157.  EFFECT OF CONVEYANCE ON DISTRICT DEBT.
  Conveyance of a public improvement to a receiving entity under this
  subchapter does not affect:
               (1)  the sole responsibility of the district to pay in
  full the principal of and interest and any premium on any
  outstanding district bonds or other debt; or
               (2)  the district's responsibility to perform the
  obligations provided by an order or resolution authorizing bonds or
  other debt.
  [Sections 11002.158-11002.200 reserved for expansion]
  SUBCHAPTER E.  GENERAL FINANCIAL PROVISIONS
         Sec. 11002.201.  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 11002.203.
         (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. 11002.202.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 11002.201, 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. 11002.203.  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.
         Sec. 11002.204.  SALES AND USE TAX. (a) The district may
  impose a sales and use tax if authorized by a majority of the voters
  of the district voting at an election called for that purpose.  
  Revenue from the tax may be used for any purpose for which ad
  valorem tax revenue of the district may be used.
         (b)  The district may not adopt a sales and use tax if as a
  result of the adoption of the tax the combined rate of all sales and
  use taxes imposed by the district and other political subdivisions
  of this state having territory in the district would exceed two
  percent at any location in the district.
         (c)  If the voters of the district approve the adoption of a
  sales and use tax at an election held on the same election date on
  which another political subdivision adopts a sales and use tax or
  approves an increase in the rate of its sales and use tax and as a
  result the combined rate of all sales and use taxes imposed by the
  district and other political subdivisions of this state having
  territory in the district would exceed two percent at any location
  in the district, the election to adopt a sales and use tax under
  this chapter has no effect.
         (d)  Chapter 321, Tax Code, applies to the imposition,
  computation, administration, enforcement, and collection of the
  sales and use tax imposed by this section except to the extent it is
  inconsistent with this chapter.
         (e)  The district may not impose a sales and use tax at a rate
  that would cause the rate of the total sales and use taxes collected
  by all municipalities and other political subdivisions at a
  location in the district to exceed the maximum rate allowed by law.
  If a political subdivision's increase to a sales and use tax rate
  causes the total sales and use tax rate imposed at a location in the
  district to exceed the maximum rate allowed by law, the district's
  sales and use tax rate is automatically reduced to bring the total
  rate imposed at that location down to a rate allowed by law.
         Sec. 11002.205.  ASSESSMENTS; MUNICIPAL MANAGEMENT DISTRICT
  POWERS. Except as provided by Section 11002.206, the district may
  levy and collect special assessments in the same manner and for the
  same purposes as a municipal management district as provided in
  Subchapter F, Chapter 375, Local Government Code.
         Sec. 11002.206.  ELECTRIC UTILITY PROPERTY EXEMPT FROM
  IMPACT FEES AND ASSESSMENTS. The district may not impose an impact
  fee or assessment on the property, including the equipment,
  rights-of-way, facilities, or improvements, of an electric
  cooperative as defined by Section 161.002, Utilities Code.
  [Sections 11002.207-11002.250 reserved for expansion]
  SUBCHAPTER F.  BONDS AND OTHER OBLIGATIONS
         Sec. 11002.251.  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, sales and use taxes, other
  district money, or any combination of those sources to pay for any
  authorized district purpose.
         Sec. 11002.252.  TAXES FOR BONDS.  (a)  At the time the
  district issues bonds payable wholly or partly from ad valorem
  taxes, the board shall provide for the annual imposition of an ad
  valorem tax, without limit as to rate or amount, as required by
  Section 54.601, Water Code.
         (b)  The board shall annually impose the tax while all or
  part of the bonds are outstanding. Sections 54.601 and 54.602,
  Water Code, govern the amount and rate of the tax.
         Sec. 11002.253.  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 Lajitas Utility District No. 1 of Brewster
  County initially includes all the territory contained in the
  following area:
  FIELD NOTE DESCRIPTION
  Being a 29,662.453 acre tract of land located in and a part of Block
  341, T.C. Ry. Co. Surveys, Block G-12, G.C. & S.F. Ry. Co. Surveys,
  Block G-5, M.K. & Te. Ry. Co. Surveys, and Block 17, G.H. & S.A. Ry.
  Co. Surveys in Brewster County, Texas and being described as the
  portion of land north and south of the center line of FM Highway 170
  less Save and Except portions described. The property description
  is as follows:
  Property described as being located north of FM Highway 170
  Tract 1
  Being parts of the following Surveys:
  T. C. Ry. Co. Surveys, Block 341
  G. C. & S.F. Ry. Co. Surveys, Block G-12
  M. K. & TE. Ry. Co. Surveys, Block G-5
  Beginning at a rock mound found for the northeast corner of Section
  73 and the northwest corner of Section 72, Block 341, T. C. Ry. Co.
  Surveys common with the northeast corner of Section 59, the
  northwest corner of Section 60, Block G-12, G. C. & SF Ry. Co.
  Surveys in Brewster County, Texas this being the Place of Beginning
  of this survey description of property located north of the center
  line of FM Highway 170;
  THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north
  section line of said Section 73 to a rock mound located at the
  northwest corner of said Section 73 common to the northeast corner
  of Section 84, Block 341;
  THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north
  section line of said Section 84 a rock mound located at the
  northwest corner of said Section 84, common to the northeast corner
  of Section 85, Block 341;
  THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north
  section line of said Section 85 to a rock mound located at the
  northeast corner of Section 96,common with the southeast corner of
  Section 56 Block 341;
  THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet along the east
  section line of said Section 56 to a rock mound located at the
  northeast corner of said Section 56, common with the northwest
  corner of Section 57, and the southwest corner of Section 44, Block
  12;
  THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north
  section line of said Section 56 to a rock mound located at the
  northwest corner of said Section 56, common the northeast corner of
  Section 55, Block 341;
  THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet along the east
  section line of said Section 48 to a rock mound located at the
  southeast corner of said Section 47; common with the northeast
  corner of Section 48, and the southwest corner of Section 46, Block
  341;
  THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet along the east
  section line of said Section 47 to a rock mound located at the
  northeast corner of said Section 47; common with the southeast
  corner of Section 103, and the northwest corner of Section 46, Block
  341
  THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet along the east
  section line of said Section 103 to a rock mound located at the
  northeast corner of said Section 103; common with the southeast
  corner of Section 102, Block G-5;
  THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north
  section line of said Section 103 to a rock mound located at the
  southeast corner of Section 105;
  THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet along the east
  section line of said Section 105 to a rock mound located at the
  northeast corner of Section 105; common with the northwest corner
  of Section 102 , Block G-5;
  THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north
  section line of said Section 105 to a rock mound located at the
  northwest corner of said Section 105, common with the northeast
  corner of Section 106;
  THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west
  section line of said Section 105 and the east line of Section 106 to
  a rock mound located at the southwest corner of said Section 105;
  THENCE N 89˚ 38' 51" E, a distance of 5,277.8 feet along the south
  section line of said Section 105 to a rock mound located at the
  southeast corner of said Section 105, common with the northwest
  corner of Section 103, Block G-5;
  THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west
  section line of said Section 103 to a rock mound located at the
  northwest corner of said Section 47, common with the southwest
  corner of Section 103, Block G-5;
  THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west
  section line of said Section 47 to a rock mound located at the
  northwest corner of said Section 48;
  THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west
  section line of said Section 48 to a rock mound located at the
  northwest corner of said Section 55, common with the southeast
  corner of Section 49, Block G-12,
  THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west
  section line of said Section 55 from a rock mound located at the
  northwest corner of said Section 55, common with the southwest
  corner of Section 48, Block G-12, from which face of bluff bears S
  70˚ W and the south point of rim bears N 84˚ 30' W;
  THENCE N 89˚ 38' 51" E, a distance of 5,277.8 feet along the south
  section line of said Section 55 to a rock mound located at the
  southwest corner of said Section 56, common with the northwest
  corner of Section 96, Block 341;
  THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west
  section line of said Section 96 to a rock mound located at the
  northeast corner of said Section 98, common with the northwest
  corner of Section 95, Block 341, common with the southwest corner of
  Section 96, Block 341, from which Emory Peak bears S 80˚ 45' E;
  THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west
  section line of said Section 95 to a rock mound located at the
  southeast corner of Section 98;
  THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the south
  section line of said Section 98 to a rock mound located at the
  southwest corner of said Section 98;
  THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet (called 1,900
  varas) along the east section lines of Section 100 and Section 101
  to a rock mound located at the northwest corner of said Section 98;
  THENCE S 89˚ 38' 51" W, a distance of 4,333.4 feet along the north
  section line of said Section 101 to a rock mound located on the east
  line Section 36;
  THENCE N 00˚ 21' 09" W, a distance of 1,466.7 feet along the east
  section line of said Section 36 to a rock mound found at the
  northeast corner of said Section 36;
  THENCE S 89˚ 38' 51" W (called East), a distance of 2,852.75 feet
  along the north section line of said Section 36 to a rock mound
  located at the northwest corner of said Section 36;
  THENCE S 00˚ 21' 09" E (called North), a distance of 50.6 feet, more
  or less, along the west section line of said Section 36 to a rock
  mound located at the northeast corner of said Section 35,
  continuing 9304.42 feet, to the north right-of-way line of FM
  Highway 170;
  THENCE S 00˚ 21' 09" E (called North), a distance of 60.0 feet, more
  or less, along the west section line of said Section 36 to the
  center line of said of FM Highway 170;
  THENCE along the established center line as follows;
  THENCE N 86˚ 22' 12" E, a distance of 669.91 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the left having a center line central
  angle of 10˚ 10' 58" Left, a Radius of 1,909.86 feet;
  THENCE around the said curve to the left, a distance of 339.43 feet,
  to a point of tangent;
  THENCE N 76˚ 11' 14" E, a distance of 203.77 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the right having a center line
  central angle of 62˚ 55' 00" Right, a Radius of 818.51 feet;
  THENCE around the said curve to the right, a distance of 898.81
  feet, to a point of tangent;
  THENCE S 40˚ 53' 46"E, a distance of 1,564.13 feet along the center
  line of the right-of-way line of F. M. Highway 170 to a point
  located on the Section line between Sections 36 and 37, and
  continuing on a distance of 72.2 feet to the beginning of a curve to
  the left, having a center line central angle of 50˚ 46' 37.1" left,
  a R = 954.93 feet;
  THENCE around the said curve to the left, a distance of 846.28 feet,
  to a point of tangent;
  THENCE N 88˚ 19' 38" E, a distance of 747.91 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the left having a center line central
  angle of 33˚ 39 ' 17" left , a R = 1,909.86 feet;
  THENCE around the said curve to the left, a distance of 670.43 feet,
  to a point located on the Section line between Sections 37 and 100,
  and continuing on a distance of 451.4 feet to a point of tangent for
  a total distance of 1,121.82 feet;
  THENCE N 54˚ 40' 21"E, a distance of 2,677.46 feet along the center
  line of the right-of-way line of F. M. Highway 170 to a point
  located on the Section line between Sections 100 and 99, and
  continuing on a distance of 3,073.0 feet to the beginning of a curve
  to the right, having a center line central angle of 44˚ 08'
  21"'right, a R = 1,273.24 feet; and this Easement is described an
  recorded in Volume 133 Page 435 of the Brewster County Deed Records;
  THENCE around the said curve to the right, a distance of 980.87
  feet, to a point of tangent;
  THENCE S 81˚ 11' 18" E, a distance of 672.9 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the left having a center line central
  angle of 43˚ 21' 04" left , a R = 818.51 feet;
  THENCE around the said curve to the left, a distance of 419.60 feet,
  to a point located on the Section line between Sections 99 and 94,
  and continuing on a distance of 199.7 feet to a point of tangent,
  for a total distance of 619.30 feet and this Easement is described
  an recorded in Volume 133 Page 436 of the Brewster County Deed
  Records;
  THENCE N 55˚ 27' 38" E, a distance of 82.6 feet along the center line
  of the right-of-way line of F. M. Highway 170 to a point located on
  the Section line between Sections 94 and 95, and continuing on a
  distance of 5,266.18 feet for a total distance of 5,348.78 feet to
  the beginning of a curve to the right, having a center line central
  angle of 25˚ 53' 28" right, a R = 1,432.39 feet;
  THENCE around the said curve to the right, a distance of 647.28
  feet, to a point of tangent;
  THENCE N 81˚ 21' 07" E, a distance of 267.0 feet along the center
  line of the right-of-way line of F. M. Highway 170 to a point
  located on the Section line between Sections 95 and 86, and
  continuing on a distance of 995.5 feet for a total distance of
  1,262.50 feet to the beginning of a curve to the right, having a
  center line central angle of 61˚ 36' 30" right, a R = 881.47 feet;
  THENCE around the said curve to the right, a distance of 947.81
  feet, to a point of tangent;
  THENCE S 37˚ 02' 23" E, a distance of 1,119.4 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the left having a center line central
  angle of 56˚ 48' 15.5" left , a R = 1,145.92 feet;
  THENCE around the said curve to the left, a distance of 1,136.09
  feet, to a point of tangent;
  THENCE N 86˚ 09'20" E, a distance of 1,899.44 feet along the center
  line of the right-of-way line of F. M. Highway 170 to the beginning
  of a curve to the left, having a center line central angle of 11˚ 33'
  03" left, a R = 5,729.58 feet and this Easement is described an
  recorded in Volume 133 Page 437 of the Brewster County Deed Records;
  THENCE around the said curve to the left, a distance of 1,155.09
  feet, to a point of tangent;
  THENCE N 74˚ 36' 16" E, a distance of 1,512.63 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the left having a center line central
  angle of 16˚ 44' 07" left , a R = 2,864.79 feet;
  THENCE around the said curve to the left, a distance of 836.76 feet,
  to a point of tangent;
  THENCE N 57˚ 52' 10 " E, a distance of 807.2 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the left having a center line central
  angle of 04˚ 00' 03" left , a R = 11,459.16 feet;
  THENCE around the said curve to the left, a distance of 800.17 feet,
  to a point of tangent;
  THENCE N 61˚ 52' 13" E, a distance of 807.2 feet along the center
  line of the right-of-way line of F. M. Highway 170 to a point
  located on the Section line between Sections 83 and 74, , and this
  Easement is described an recorded in Volume 4 Page 166 of the
  Brewster County Deed Records, and continuing on a distance of
  2,714.68 feet a point located on the Section line between Sections
  74 and 73, and continuing on a distance of 20.1 feet for a total
  distance of 3,541.98 feet to the beginning of a curve to the left,
  having a center line central angle of 26˚ 39' 57" left, a R =
  1,637.02 feet; and this Easement is described an recorded in Volume
  133 Page 438 of the Brewster County Deed Records;
  THENCE around the said curve to the left, a distance of 761.88 feet,
  to a point of tangent;
  THENCE N 35˚ 12' 16" E, a distance of 538.0 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the right having a center line
  central angle of 27˚ 06' 51" right, a R = 1,909.86 feet ;
  THENCE around the said curve to the right, a distance of 903.81
  feet, to a point of tangent;
  THENCE N 62˚ 19' 07" E, a distance of 264.68 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the left having a center line central
  angle of 13˚ 50' 09" Left, a R = 2,864.79;
  THENCE around the said curve to the left, a distance of 691.79 feet,
  to a point of tangent;
  THENCE N 48˚ 28' 59" E, a distance of 417.93 feet along the center
  line of the right-of-way line of F. M. Highway 170 to a point
  located on the Section line between Sections 73 and 72;
  THENCE N 02˚ 35' 58" W (called North), a distance of 3471.04 feet,
  more or less, along the east line of said Section 73 to a rock mound,
  this being the Place of Beginning of this survey description of
  property located north of the centerline of FM Highway 170; The land
  area contained within this description is 9,419.589 acres, more or
  less, including a sixty (60.0) foot wide (one half of a 120.0 foot
  wide right-of-way) strip of land along the north half of FM Highway
  170.
  End of description
  Save and Except:
  Mesa Vista, a subdivision in Lajitas, being 31.89 acres out of
  Survey 37, Block 341, T.C. Ry. Co. Survey, Brewster County, Texas,
  as same appears in Plat Envelope No. 193 in the Plat Records of
  Brewster County, Texas.
  Riverview, a subdivision in Lajitas, being 13.564 acres of land out
  of Sections 36 and 37, Block 341, T.C. Ry. Co. Survey, Brewster
  County, Texas, as same appears in Plat Envelope No. 170 in the Plat
  Records of Brewster County, Texas.
  From Survey 84, Block 341, T.C. Ry. Co., Brewster County, Texas:
         N/2 of the SE/4, being 80 acres;
         NW/4, being 160 acres;
         S/2 of the SW/4, being 80 acres; and
         NE/4, being 160 acres.
  From Survey 99, Block 341, T.C. Ry. Co., Brewster County, Texas:
         A 99.2 acre tract of land conveyed in Volume 226, Page 329 of
  the Official Public Records of Brewster County, Texas.
         A 3.98 acre tract of land conveyed in Volume 220, Page 705 of
  the Official Public Records of Brewster County, Texas.
  Property described as being located south of FM Highway 170
  Tract 2
  Being parts of the following Surveys:
  T. C. Ry. Co. Surveys, Block 341
  G. H. & S.A. Ry. Co. Surveys, Block 17
  Commencing at a rock mound found for the northeast corner of Section
  73 and the northwest corner of Section 72, Block 341, T. C. Ry. Co.
  Surveys common with the southeast corner of Section 59, the
  northwest corner of Section 60, Block G-12, G. C. & SF Ry. Co.
  Surveys in Brewster County, Texas;
  THENCE S 02˚ 35' 58" E (called South), a distance of 3471.04 feet
  along the east section line of said Section 73 to iron rod located
  on the south right-of-way line of F M Highway 170 on the section
  line between Section 72 and Section 73 Block 341, T. C. Ry. Co.
  Surveys in Brewster County, Texas, this being the Place of
  Beginning;
  THENCE S 00˚ 48' 31" W, a distance of 2,452.63 feet along the said
  east line of said Section 73 and the west line of Section 72 to a
  rock mound located at the southeast corner of said Section 73 common
  to the southwest corner of said Section 72 and the northwest corner
  of Section 64 Block 341;
  THENCE N 89˚ 38' 51" E , a distance of 5,277.8 feet along the north
  section line of said Section 64 to a rock mound located at the
  northeast corner of said Section 64 common to the northwest corner
  of said Section 65 and the southwest corner of Section 71 Block 341;
  THENCE N 00˚ 21' 00" W, a distance of 5,277.8 feet along the west
  section line of said Section 71 to a rock mound located at the
  northeast corner of said Section 72 common to the northwest corner
  of said Section 71 and the southwest corner of Section 70 Block 341
  and the southeast corner of Section 60 Block G-12;
  THENCE N 00˚ 21' 09" W, a distance of 2,370.18 feet along the west
  section line of said Section 70 and the east section line of Section
  60 to a iron rod located on the south right-of-way line of F M
  Highway 170, described being 120 feet in total width with the south
  right-of-way line located 60 feet from the center line of the road,
  and this Easement is described and recorded in Volume 133 Page 438
  of the Brewster County Deed Records;
  THENCE N 64˚ 13' 04" E, a distance of 869.0 feet along the south
  right-of-way line of F. M. Highway 170 to an iron rod set by Walker;
  THENCE S 16˚ 33' 44" E, a distance of 444.09 feet to an iron rod set
  by Walker;
  THENCE S 36˚ 44' 19" E, a distance of 348.44 feet to an iron rod set
  by Walker;
  THENCE S 08˚ 07' 25" E, a distance of 679.25 feet to an iron rod set
  by Walker;
  THENCE S 14˚33'44" E, a distance of 450.31 feet to an iron rod set by
  Walker;
  THENCE S 37˚45'10" E, a distance of 1062.05 feet to an iron rod set
  by Walker;
  THENCE S 33˚32'06" E, a distance of 411.20 feet, more or less, to an
  iron rod set by Walker;
  THENCE N 89˚ 38' 51" E, a distance of 3,102.64 feet along the north
  section line of said Section 71 a rock mound located at the
  northeast corner of said Section 71, common to the northwest corner
  of said Section 68 Block 341;
  THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the east
  section line of said Section 71 to a rock mound located at the
  southeast corner of said Section 71 common to the northwest corner
  of said Section 67 Block 341;
  THENCE N 89˚ 38' 51" E, a distance of 5,277.8 feet, more or less,
  along the north section line of said Section 67 to a rock mound
  located at the northeast corner of said Section 67 on the west
  section line of Section 299 Block G-12;
  THENCE S 00˚ 21' 09" E, a distance of 2030.12 feet, more or less,
  along the east section line of said Section 67 to a rock mound
  located at the southeast corner of said Section 67 common to the
  west section line of Section 299 Block G-12 and the north section
  line of Section 34 Block 17;
  THENCE N 40˚ 00' E, a distance of 949.86 feet, more or less, along
  the north section line of said Section 34 Block 17 to a rock mound
  located at the northeast corner of Section 34 and the southwest
  corner of Section 35 Block 17;
  THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along
  the east section line of said Section 34 Block 17 to a rock mound
  located at the northern most corner of Section 33 and the western
  most corner of Section 36 Block 17;
  THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along
  the east section line of said Section 33 Block 17 to a rock mound
  located at the northern most corner of Section 32 and the western
  most corner of Section 37 Block 17;
  THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along
  the east section line of said Section 32 Block 17 to a rock mound
  located at the northern most corner of Section 31 and the western
  most corner of Section 38 Block 17;
  THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along
  the east section line of said Section 31 Block 17 to a rock mound
  located at the eastern most corner of Section 31 and the western
  most corner of Section 39 Block 17;
  THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along
  the south section line of said Section 31 Block 17 to a rock mound
  located at the northern most corner of
  Section 25 and the western most corner of Section 30 Block 17;
  THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along
  the east section line of said Section 25 Block 17 to a rock mound
  located at the eastern most corner of Section 25 and the western
  most corner of Section 29 Block 17, being a point on the boundary
  line of the Big Bend National Park;
  THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along
  the south section line of said Section 25 Block 17 to a rock mound
  located at the southern most corner of Section 25 and the western
  most corner of Section 26 Block 17, being a point on the boundary
  line of the Big Bend National Park;
  THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along
  the west section line of said Section 25 Block 17 along the boundary
  line of the Big Bend National Park;
         to a rock mound located at the western most corner of Section
  25 and the southern most corner of Section 24 Block 17;
  THENCE N 40˚ 00' E, a distance of 5,277.8 feet, more or less, along
  the north section line of said Section 25 Block 17 to a rock mound
  located at the northern most corner of Section 25 and the southern
  most corner of Section 31 Block 17;
  THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along
  the west section line of said Section 31 Block 17 to a rock mound
  located at the eastern most corner of Section 23 and the southern
  most corner of Section 32 Block 17;
  THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along
  the south section line of said Section 23 Block 17 to a rock mound
  located at the southern most corner of Section 23 and the northern
  most corner of Section 17 Block 17;
  THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along
  the east section line of said Section 17 Block 17 to a rock mound
  located at the eastern most corner of Section 17 and the northern
  most corner of Section 16 Block 17, being a point on the boundary
  line of the Big Bend National Park;
  THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along
  the south section line of said Section 17 Block 17 along the
  boundary line of the Big Bend National Park to a rock mound located
  at the southern most corner of Section 17 and the western most
  corner of Section 16 Block 17;
  THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along
  the west section line of said Section 17 Block 17 along the boundary
  line of the Big Bend National Park to a rock mound located at the
  western most corner of Section 17 and the eastern most corner of
  Section 9 Block 17;
  THENCE N 40˚ 00' E, a distance of 5,277.8 feet, more or less, along
  the north section line of said Section 17 Block 17 to a rock mound
  located at the northern most corner of Section 17 and the southern
  most corner of Section 23 Block 17;
  THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along
  the west section line of said Section 23 Block 17 to a rock mound
  located at the western most corner of Section 23 and the southern
  most corner of Section 22 Block 17;
  THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along
  the south section line of said Section 19 Block 17 to a rock mound
  located at the southern most corner of Section 19 and the northern
  most corner of Section 9 Block 17;
  THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along
  the east section line of said Section 9 Block 17 to a rock mound
  located at the eastern most corner of Section 9 and the northern
  most corner of Section 10 Block 17, being a point on the boundary
  line of the Big Bend National Park;
  THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along
  the south section line of said Section 9 Block 17 along the boundary
  line of the Big Bend National Park to a rock mound located at the
  southern most corner of Section 9 and the western most corner of
  Section 9 Block 17;
  THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along
  the west section line of said Section 9 Block 17 along the boundary
  line of the Big Bend National Park to a rock mound located at the
  western most corner of Section 9 and the eastern most corner of
  Section 5 Block 17;
  THENCE N 40˚ 00' E, a distance of 5,277.8 feet, more or less, along
  the north section line of said Section 9 Block 17 to a rock mound
  located at the northern most corner of Section 9 and the southern
  most corner of Section 19 Block 17;
  THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along
  the west section line of said Section 19 Block 17 to a rock mound
  located at the western most corner of Section 19 and the eastern
  most corner of Section 8 Block 17;
  THENCE N 40˚ 00' E, a distance of 5,277.8 feet, more or less, along
  the north section line of said Section 19 Block 17 to a rock mound
  located at the northern most corner of Section 19 and the southern
  most corner of Section 21 Block 17;
  THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along
  the west section line of said Section 21 Block 17 to a rock mound
  located at the western most corner of Section 21 and the northern
  most corner of Section 20 Block 17, this point being on the common
  line with Section 66 Block 341;
  THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along
  the north section line of said Section 20 Block 17 and the
  southeasterly line of said Section 66 to a rock mound at the
  northern most corner of Section 7 Block 17;
  THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along
  the east section line of said Section 7 Block 17 to a rock mound
  located at the eastern most corner of Section 7 and the northern
  most corner of Section 8 Block 17
  THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along
  the south section line of said Section 7 Block 17 to a rock mound
  located at the southern most corner of Section 7 and the eastern
  most corner of Section 6 Block 17 , being a point on the boundary
  line of the Big Bend National Park;
  THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along
  the west section line of said Section 7 Block 17 along the boundary
  line of the Big Bend National Park to a rock mound located at the
  western most corner of Section 7 and the eastern most corner of
  Section 6 Block 17, being a point on the southeast line of Section
  61 Block 341;
  THENCE N 40˚ 00' E, a distance of 3220.54 feet, more or less, along
  the north section line of said Section 7 Block 17 and the southeast
  section line of Section 62 Block 341 to a rock mound located at the
  northeasterly most corner of Section 61 Block 341 being a point on
  the boundary line of the Big Bend National Park;
  THENCE N 88˚ 51' 19" W, a distance of 5241.31 feet along the section
  line between said Section 61 and Section 62 being the boundary line
  of the Big Bend National Park to a rock mound located at the
  southwest most corner of Section 62 on the east line of Section 76
  Block 341;
  THENCE S 01˚ 11' 14" W, a distance of 675.0 feet along the east line
  of said Section 76 being the boundary line of the Big Bend National
  Park to a rock mound located at the southeast most corner of Section
  76 on the north line of Section 61 Block 341;
  THENCE N 88˚ 46' 26" W, a distance of 5,277.8 feet along the south
  section line of Section 76 between said Section 61 and 78 being the
  boundary line of the Big Bend National Park to a rock mound located
  at the southwest most corner of Section 76 on the east line of
  Section 81 Block 341;
  THENCE N 88˚ 46' 26" W, a distance of 5,277.8 feet along the south
  section line of Section 81 between said Section 60 being the
  boundary line of the Big Bend National Park to a rock mound located
  at the southwest most corner of Section 81 on the east line of
  Section 88 Block 341;
  THENCE N 88˚ 46' 26" W, a distance of 5,277.8 feet along the south
  section line of Section 88 between said Section 89 being the
  boundary line of the Big Bend National
  Park to a rock mound located at the southwest most corner of Section
  88 on the east line of Section 93 Block 341;
  THENCE N 88˚ 46' 26" W, a distance of 4,922.13 feet along the south
  section line of Section 93 between said Section 41 being the
  boundary line of the Big Bend National Park to a rock mound located
  at the southwest most corner of Section 93 on the east line of
  Section 41 Block 341;
  THENCE N 00˚ 49' 07" E, a distance of 2169.02 feet, more or less,
  along the west section line of Section 93 located between said
  Section 41 being the boundary line of the Big Bend National Park to
  a rock mound located at the southeast most corner of Section 92 on
  the east line of Section 41 Block 341;
  THENCE N 88˚ 46' 26" W, a distance of 2,333.43 feet, more or less,
  along the south section line of Section 92 Block 341 and the north
  line of Section 41, being the boundary line of the Big Bend National
  Park, to a rock mound located at the northwest most corner of
  Section 41;
  THENCE S 01˚ 03' 46" W, a distance of 350.0 feet, more or less, along
  the west section line of Section 41 and the offset east line of
  Section 92, being the boundary line of the Big Bend National Park,
  to a rock mound located on the south line of Section 92;
  THENCE N 88˚ 46' 09" W, a distance of 2,334.41 feet, more or less,
  along the south section line of Section 92 Block 341 and the north
  line of Section 48, being the boundary line of the Big Bend National
  Park, to a rock mound and concrete marker located at the southwest
  most corner of Section 92;
  THENCE N 00˚ 32' 00" E, a distance of 1,911.67 feet along the
  section line between said Section 92 and Section 49, being the
  boundary line of the Big Bend National Park, to a rock mound and
  concrete marker located at the southeast most corner of Section 100
  Block 341 at the northeast corner of Section 49;
  THENCE N 89˚ 27' 27" W, a distance of 2,634.23 feet, more or less,
  along the south section line of Section 100 Block 341 and the north
  line of Section 39, being the boundary line of the Big Bend National
  Park, to a rock mound and concrete marker located at the northwest
  most corner of Section 39 and the southwest corner of Section 100;
  THENCE S 01˚ 16' 12" W, a distance of 4660.88 feet, more or less,
  along the west section line of Section 39 , being the boundary line
  of the Big Bend National Park, to a rock mound located on the south
  line of Section 37 and being the northeast corner of Section 38
  Block 341;
  THENCE N 88˚ 43' 49" W, a distance of 4359.52 feet, more or less,
  along the south section line of Section 37 Block 341 and the north
  line of Section 38, being the boundary
  line of the Big Bend National Park, to a rock mound and located at
  the meanders of the Rio Grande at the southwest most corner of said
  Section 37 and the northwest most corner of Section 38;
  THENCE along the east meandering line of the bank of the Rio Grande,
  as identified in the year of April 2007, described as follows:
         N 20˚ 07' 30" E, a distance of 284.06 feet
         S 87˚ 27' 30" E, a distance of 877.59 feet
         N 25˚ 19' 25" E, a distance of 219.65 feet
         N 11˚ 41' 28" E, a distance of 511.26 feet
         N 23˚ 23' 39" E, a distance of 510.57 feet
         N 19˚ 19' 32" E, a distance of 645.17 feet
         N 02˚ 03' 28" E, a distance of 270.32 feet
         N 20˚ 01' 04" E, a distance of 337.82 feet
         N 38˚ 01' 14" E, a distance of 827.59 feet
         N 38˚ 19' 39" W, a distance of 754.08 feet
         N 07˚ 15' 04" W, a distance of 1,333.57 feet
         N 23˚ 27' 17" W, a distance of 926.79 feet
         N 23˚ 27' 17" W, a distance of 115.86 feet
         N 17˚ 48' 38" W, a distance of 580.31 feet
         N 11˚ 49' 17" W, a distance of 461.28 feet
         N 23˚ 38' 37" W, a distance of 802.90 feet
         N 05˚ 44' 52" W, a distance of 99.91 feet to the beginning of a
  curve to the left with a central angle of 77˚ 38' 50" having a cord
  bearing of N 44˚ 34' 17" W with a cord length of 681.47 feet a radius
  of 543.50 feet and continuing along the bank of the Rio Grande
         N 83˚ 23' 43" W, a distance of 222.82 feet
         S 84˚ 41' 58" W, a distance of 732.79 feet to a point on the
  west section line of Section 36 Block 341;
  THENCE N 00˚ 21' 09" W, a distance of 94.84 feet , more or less, to a
  point on the center line of the right-of-way line of F M Highway
  170, and this Easement is described an recorded in Volume 133 Page
  460 - 461 of the Brewster County Deed Records;
  THENCE along the said center line of the right-of-way line of F M
  Highway 170 described as follows:
  THENCE N 86˚ 22' 12" E, a distance of 669.91 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the left having a center line central
  angle of 10˚ 10' 58.5" Left, a Radius of 1,909.86 feet;
  THENCE around the said curve to the left, a distance of 339.43 feet,
  to a point of tangent;
  THENCE N 76˚ 11' 14" E, a distance of 203.77 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the right having a center line
  central angle of 62˚ 55' 00" Right , a Radius of 818.51 feet;
  THENCE around the said curve to the right, a distance of 898.81
  feet, to a point of tangent;
  THENCE S 40˚ 53' 46"E, a distance of 1,564.13 feet along the center
  line of the right-of-way line of F. M. Highway 170 to a point
  located on the Section line between Sections 36 and 37, and
  continuing on a distance of 72.2 feet to the beginning of a curve to
  the left, having a center line central angle of 50˚ 46' 37" left, a R
  = 954.93 feet;
  THENCE around the said curve to the left, a distance of 846.28 feet,
  to a point of tangent;
  THENCE N 88˚ 19' 38" E, a distance of 747.91 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the left having a center line central
  angle of 33˚ 39 ' 17" left , a R = 1,909.86 feet;
  THENCE around the said curve to the left, a distance of 670.43 feet,
  to a point located on the Section line between Sections 37 and 100,
  and continuing on a distance of 451.4 feet to a point of tangent for
  a total distance of 1,121.82 feet;
  THENCE N 54˚ 40' 21"E, a distance of 2,677.46 feet along the center
  line of the right-of-way line of F. M. Highway 170 to a point
  located on the Section line between Sections 100 and 99, and
  continuing on a distance of 3,073.0 feet to the beginning of a curve
  to the right, having a center line central angle of 44˚ 08'
  21"right, a R = 1,273.24 feet; and this Easement is described and
  recorded in Volume 133 Page 435 of the Brewster County Deed Records;
  THENCE around the said curve to the right, a distance of 980.87
  feet, to a point of tangent;
  THENCE S 81˚ 11' 18" E, a distance of 672.9 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the left having a center line central
  angle of 43˚ 21' 04" left , a R = 818.51 feet;
  THENCE around the said curve to the left, a distance of 419.60 feet,
  to a point located on the Section line between Sections 99 and 94,
  and continuing on a distance of 199.7 feet to a point of tangent,
  for a total distance of 619.30 feet and this Easement is described
  an recorded in Volume 133 Page 436 of the Brewster County Deed
  Records;
  THENCE N 55˚ 27' 38" E, a distance of 82.6 feet along the center line
  of the right-of-way line of F. M. Highway 170 to a point located on
  the Section line between Sections 94 and 95, and continuing on a
  distance of 5,266.18 feet for a total distance of 5348.78 feet to
  the beginning of a curve to the right, having a center line central
  angle of 25˚ 53' 28" right, a R = 1,432.39 feet;
  THENCE around the said curve to the right, a distance of 647.28
  feet, to a point of tangent;
  THENCE N 81˚ 21' 06" E, a distance of 267.0 feet along the center
  line of the right-of-way line of F. M. Highway 170 to a point
  located on the Section line between Sections 95 and 86, and
  continuing on a distance of 995.5 feet for a total distance of
  1,262.50 feet to the beginning of a curve to the right, having a
  center line central angle of 61˚ 36' 30" right, a R = 881.47 feet;
  THENCE around the said curve to the right, a distance of 947.82
  feet, to a point of tangent;
  THENCE S 37˚ 02' 24" E, a distance of 1,119.4 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the left having a center line central
  angle of 56˚ 48' 16" left , a R = 1,145.92 feet;
  THENCE around the said curve to the left, a distance of 1,136.09
  feet, to a point of tangent;
  THENCE N 86˚ 09'20" E, a distance of 1899.44 feet along the center
  line of the right-of-way line of F. M. Highway 170 to the beginning
  of a curve to the left, having a center line central angle of 11˚ 33'
  03" left, a R = 5,729.58 feet and this Easement is described an
  recorded in Volume 133 Page 437 of the Brewster County Deed Records;
  THENCE around the said curve to the left, a distance of 1,155.08
  feet, to a point of tangent;
  THENCE N 74˚ 36' 17" E, a distance of 1,512.63 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the left having a center line central
  angle of 16˚ 44' 07" left , a R = 2,864.79 feet;
  THENCE around the said curve to the left, a distance of 836.76 feet,
  to a point of tangent;
  THENCE N 57˚ 52' 10 " E, a distance of 807.2 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the left having a center line central
  angle of 04˚ 00' 03" left , a R = 11,459.16 feet;
  THENCE around the said curve to the left, a distance of 800.17 feet,
  to a point of tangent;
  THENCE N 61˚ 52' 13" E, a distance of 807.2 feet along the center
  line of the right-of-way line of F. M. Highway 170 to a point
  located on the Section line between Sections 83 and 74, , and this
  Easement is described an recorded in Volume 4 Page 166 of the
  Brewster County Deed Records, and continuing on a distance of
  2,714.68 feet a point located on the Section line between Sections
  74 and 73, and continuing on a distance of 20.1 feet for a total
  distance of 3,541.98 feet to the beginning of a curve to the left,
  having a center line central angle of 26˚ 39' 56.7" left, a R =
  1,637.02 feet; and this Easement is described an recorded in Volume
  133 Page 438 of the Brewster County Deed Records;
  THENCE around the said curve to the left, a distance of 761.88 feet,
  to a point of tangent;
  THENCE N 35˚ 12' 16" E, a distance of 538.0 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the right having a center line
  central angle of 27˚ 06' 51" right, a R = 1,909.86 feet ;
  THENCE around the said curve to the right, a distance of 903.81
  feet, to a point of tangent;
  THENCE N 62˚ 19' 08" E, a distance of 264.68 feet along the center
  line of the right-of-way line of F. M. Highway 170 to point located
  at the beginning of a curve to the left having a center line central
  angle of 13˚ 50' 09.2" Left, a R = 2,864.79;
  THENCE around the said curve to the left, a distance of 691.79 feet,
  to a point of tangent;
  THENCE N 48˚ 28' 59" E, a distance of 417.93 feet along the center
  line of the right-of-way line of F. M. Highway 170 to a point
  located on the Section line between Sections 73 and 72, this being
  the Place of Beginning of this survey description of property
  located south of the centerline of FM Highway 170. The land area
  contained within this description is 20,242.864 acres, more or
  less, including a sixty (60.0) foot wide (one half of a 120.0 foot
  wide right-of-way) strip of land along the south half of FM Highway
  170.
  End of description
  Save and Except:
  Comanche Hills, a subdivision of 30.505 acres of land out of Survey
  37 and Tract 2, Survey 100, Block 341, T.C. Ry. Co. Surveys, in
  Lajitas, Brewster County, Texas, as same appears in Plat Envelope
  No. 186 in the Plat Records of Brewster County, Texas.
  Comanche Mesa, a subdivision of 71.092 acres of land out of Sections
  99,100, & MC-1, Block 341 of the T.C. Ry. Co. Survey, in Lajitas,
  Brewster County, Texas, as same appears in Plat Envelope No. 171 in
  the Plat Records of Brewster County, Texas.
  All of the San Carlos Condominiums, a Condominium Regime, being
  called a 0.8743 acre tract of land and a 0.1296 acre tract of land
  recorded in Volume 1, Page 1 and amended in Volume 1, Page 71 et seq.
  and Volume 1, Page 83 et seq., of the Condominium Records of
  Brewster County, Texas.
  All of the Lajitas-Boardwalk Condominiums, a Condominium Regime,
  being a 1.018 acre tract of land out Block 341, T.C. Ry. Co. Survey
  37, in Brewster County, Texas, as same appears in Plat Envelope No.
  288B in the Plat Records of Brewster County, Texas.
  All of Sections 7, 9, 17, 19, 21, 22, 23, 25, 31, 32, 33 and 34,
  Block 17, G.H. & S.A. Ry. Co., Brewster County, Texas, being 7,680
  acres in all, more or less.
  From Section 62, Block 341, Abstract 7717, T.C. Ry. Co., Brewster
  County, Texas:
         S/2, being 414.35 acres.
  From Section 65, Block 341, T.C. Ry. Co., Brewster County, Texas:
         SE/4 of the SW/4, being 40 acres;
         NE/4 of the SE/4, being 40 acres;
         N/2 of the NE/4, being 80 acres; and
         NW/4, being 160 acres.
  From Section 67, Block 341, T.C. Ry. Co., Brewster County, Texas:
         23.13 acres conveyed in Volume 249, Page 555 of the Deed
  Records of Brewster County, Texas;
         NW/4, being 160 acres;
         NE/4, being 160 acres;
         NW/4 of the SW/4, being 40 acres; and
         NW/4 of the SE/4, being 40 acres.
  A 76.06 acre tract of land south of FM Highway 170 in Section 73,
  Block 341, T.C. Ry. Co., Brewster County, Texas, conveyed in Volume
  123, Page 367 of the Deed Records of Brewster County, Texas.
  The E/2 of the SE/4 of Section 76, Block 341, T.C. Ry. Co., Brewster
  County, Texas, being 80 acres in all, more or less.
  From Section 82, Block 341, T.C. Ry. Co., Brewster County, Texas:
         A 13.82 acre tract of land conveyed in Volume 258, Page 757 of
  the Deed Records of Brewster County, Texas; and
         A 14.07 acre tract of land conveyed in Volume 16, Page 4 of
  the Official Public Records of Brewster County, Texas.
  All of Section 88, Block 341, T.C. Ry. Co., Brewster County, Texas,
  being 640 acres in all, more or less.
  From Section 99, Block 341, T.C. Ry. Co., Brewster County, Texas:
         A 89.6 acre tract of land conveyed in Volume 6, Page 432 of
  the Official Public Records of Brewster County, Texas.
  From Section 100, Block 341, T.C. Ry. Co., Brewster County, Texas:
         A 1.233 acre tract of land conveyed in Volume 226, Page 223 of
  the Deed Records of Brewster County, Texas, described therein
  as a 0.965 acre tract of land.
         A 1.40 acre tract of land conveyed in Volume 68, Page 36 of
  the Official Public Records of Brewster County, Texas, as
  more particularly described below:
                           Metes and bounds description of a
  1.40 acre tract of land out of Survey 100
  (Tract 2) described in Vol. 9, p. 179,
  Corrected Field Note Records, and depicted
  on a plat filed in Vol. 9, P. 189, Corrected
  Field Note Records, Block 341, T.C. Ry. Co.
  Surveys, Brewster County, Texas and being
  more particularly described as follows:
                           BEGINNING at a 1/2" iron rod and
  cap marked "WALKER 4425" set for the
  Northwest corner of this tract, from which a
  National Park monument in a fence corner
  found in the East line of Survey 37 for the
  Northwest corner of Survey 39 and the
  Southwest corner of Survey 100, said Block
  341, bears South 26 deg. 08'49" West 1605.64
  feet;
                           THENCE North 31 deg. 35'00" East
  294.86 feet to a 1/2" iron rod and cap
  marked "WALKER 4425" set for the Northeast
  corner of this tract;
                           THENCE South 31 deg 36'10" East
  53.20 feet to a 1/2" iron rod and cap marked
  "WALKER 4425" set;
                           THENCE South 8 deg. 50'02" West,
  57.00 feet to a 1/2" iron rod and cap marked
  "WALKER 4425" set;
                           THENCE South 18 deg. 35'24" East
  122.12 feet to a 1/2" iron rod and cap
  marked "WALKER 4425" set;
                           THENCE South 78 deg. 42'12" East
  246.26 feet to a 1/2" iron rod and cap
  marked "WALKER 4425" set for the Southeast
  corner of this tract;
                           THENCE South 38 deg. 29'05" West
  206.20 feet to a 1/2" iron rod and cap
  marked "WALKER 4425" set for the Southwest
  corner of this tract;
                           THENCE North 32 deg. 25'55" West
  69.47 feet to a 1/2" iron rod and cap marked
  "WALKER 4425" set;
                           THENCE North 59 deg. 34'57" West
  159.83 feet to a 1/2" iron rod and cap
  marked "WALKER 4425" set;
                           THENCE North 76 deg. 26'32" West
  154.83 feet to the point of beginning.
                           Bearings and distances are based
  on the Texas Coordinate System, South
  Central Zone NAD 1927.
  All of the Rio Vista Subdivision, as shown in Volume 114, Page 317
  of the Official Public Records of Brewster County and as more
  particularly described below:
                           Metes and bounds description of a
  1.06 Acre tract of land, out of Survey 36,
  Block 341, T.C. Ry.Co. Surveys, Brewster
  County, Texas, said 1.06 acre tract being
  more particularly described as follows:
                           BEGINNING at a point for corner
  at the Northeast corner of a 1.06 acre tract
  described in Vol. 74, P. 105, Official
  Public Records;
                           THENCE South 2 deg. 30'27" West
  122.32 feet with the East line of said 1.06
  acre tract to a 60d nail previously set by
  me for a corner of said 1.06 acre tract;
                           THENCE South 11 deg. 02'25" East
  164.89 feet to a 1/2" iron rod and cap
  marked "WALKER 4425" set for the Southeast
  corner of this tract;
                           THENCE South 75 deg. 40' West
  passing at 12 feet a 1/2" iron rod and a cap
  marked "WALKER 4425" and continuing in all
  149.83 feet to a point for corner and the
  Southwest corner of said tract;
                           THENCE North 9 deg. 18'52" West
  192.05 feet to a point for corner;
                           THENCE North 3 deg. 35' West
  141.13 feet to a point for corner and the
  northwest corner of said 1.06 acre tract;
                           THENCE South 86 deg. 40'17" East
  159.12 feet to the POINT OF BEGINNING and
  containing more or less, 46,130.04 square
  feet or 1.06 acres.
                           Bearings and distances are based
  on the Texas Coordinate System, South
  Central Zone NAD 1927.
  All of the land south of the center line of FM Highway 170 in Section
  36, Block 341, T.C. Ry. Co., Brewster County, Texas, as more
  particularly described below:
                           Metes and bounds description of a
  102.1 acre tract of land out of Section 36,
  Block 341, T.C. Ry. Co. Surveys, Brewster
  County, Texas and being more particularly
  described as follows:
                           BEGINNING at a point in Section
  36 on the center line of FM Highway 170, 120
  foot right-of-way and this Easement is
  described and recorded in Volume 133 Page
  460 - 461 of the Brewster County Deed
  Records;
                           THENCE N 86˚ 22' 11.64" E, a
  distance of 669.91 feet along the center
  line of the right-of-way line of F. M.
  Highway 170 to point located at the
  beginning of a curve to the left having a
  center line central angle of 10˚ 10' 58.5"
  Left, a Radius of 1,909.86 feet;
                           THENCE around the said curve to
  the left, a distance of 339.43 feet, to a
  point of tangent;
                           THENCE N 76˚ 11' 13.08" E, a
  distance of 203.77 feet along the center
  line of the right-of-way line of F. M.
  Highway 170 to point located at the
  beginning of a curve to the right having a
  center line central angle of 62 55' 02.1"
  Right , a Radius of 818.51 feet;
                           THENCE around the said curve to
  the right, a distance of 898.82 feet, to a
  point of tangent;
                           THENCE S 40˚ 53' 44.8"E, a
  distance of 1,564.13 feet along the center
  line of the right-of-way line of F. M.
  Highway 170 to a point located on the
  Section line between Sections 36 and 37;
                           THENCE S 00˚ 21' 09"E, a distance
  of 3922.76 feet along the Section line
  between the east line of Section 36 and the
  west line of Section 37;
                           THENCE along the east meandering
  line of the bank of the Rio Grande, as
  identified in the year of April 2007,
  described as follows:
                                 N 38˚ 19' 39" W, a distance
  of 720.19 feet
                                 N 07˚ 15' 04" W, a distance
  of 1,333.57 feet
                                 N 23˚ 27' 17" W, a distance
  of 926.79 feet
                                 N 23˚ 27' 17" W, a distance
  of 115.86 feet
                                 N 17˚ 48' 38" W, a distance
  of 580.31 feet
                                 N 11˚ 49' 17" W, a distance
  of 461.28 feet
                                 N 23˚ 38' 37" W, a distance
  of 802.90 feet
                                 N 05˚ 44' 52" W, a distance
  of 99.91 feet to the beginning of a curve to
  the left with a central angle of 77˚ 38' 50"
  and having a cord bearing of N 44˚ 34' 17" W
  with a cord length of 681.47 feet and a
  radius of 543.50 feet and continuing along
  the bank of the Rio Grande;
                                 N 83˚ 23' 43" W, a distance
  of 222.82 feet
                                 S 84˚ 41' 58" W, a distance
  of 732.798 feet to a point on the west
  section line of Section 36 Block 341:
                           THENCE N 00˚ 21' 09" W, a distance
  of 94.84 feet , more or less, to the center
  line of the right-of-way line of F M Highway
  170 and to THE POINT OF BEGINNING
  containing, 4,447,180 square feet or 102.1
  acres, more or less.
                           Bearings and distances are based
  on the Texas Coordinate System, South
  Central Zone NAD 1927.
         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 11002.107, Special District Local
  Laws Code, as added by 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 11002, Special
  District Local Laws Code, as added by this Act, is amended by adding
  Section 11002.107 to read as follows:
         Sec. 11002.107.  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 otherwise provided by 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.