Relating to the creation of the Puerto Verde Port Authority District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.

89(R) HB 74 - Engrossed version - Bill Text

By: Morales of Maverick, Guillen, McLaughlin,

H.B. No. 74

Lujan, Harris, et al.

A BILL TO BE ENTITLED

relating to the creation of the Puerto Verde Port Authority

District; providing authority to issue bonds; providing authority

to impose assessments, fees, and taxes; granting a limited power of

eminent domain.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 4, Special District Local Laws

Code, is amended by adding Chapter 4011 to read as follows:

CHAPTER

4011. PUERTO VERDE PORT AUTHORITY DISTRICT

SUBCHAPTER A.

GENERAL PROVISIONS

Sec. 4011.0101. DEFINITIONS. In this chapter:

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

(2) "County" means Maverick County.

(3) "Director" means a board member.

(4)

"District" means the Puerto Verde Port Authority

District.

(5)

"Rail facilities" includes all real and personal

property owned or held by the district for railroad purposes,

including land, interests in land, structures, easements, rail

lines, stations, platforms, rolling stock, garages, equipment, and

other facilities necessary or convenient for the operation of those

facilities.

Sec.

4011.0102.

NATURE OF DISTRICT. The Puerto Verde Port

Authority District is a special district created under Section 59,

Article XVI, Texas Constitution.

Sec.

4011.0103.

PURPOSE; DECLARATION OF INTENT. (a) The

creation of the district is essential to accomplish the purposes of

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

Texas Constitution, and other public purposes stated in this

chapter.

(b)

By creating the district and in authorizing the county

and other political subdivisions to contract with the district, the

legislature has established a program to accomplish the public

purposes set out in Section 52-a, Article III, Texas Constitution.

(c)

The creation of the district is necessary to promote,

develop, encourage, and maintain employment, commerce,

transportation, housing, tourism, recreation, the arts,

entertainment, economic development, safety, and the public

welfare in the district.

Sec.

4011.0104.

FINDINGS OF BENEFIT AND PUBLIC PURPOSE.

(a) 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.

(b)

The district is created to serve a public use and

benefit.

(c)

The creation of the district is in the public interest

and is essential to further the public purposes of:

(1)

developing and diversifying the economy of the

state;

(2) eliminating unemployment and underemployment; and

(3)

developing or expanding transportation and

commerce.

(d) 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;

(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;

and

(4)

provide for water, wastewater, drainage, road,

rail, port, navigation, and recreational facilities for the

district.

(e)

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.

(f)

The district will not act as the agent or

instrumentality of any private interest even though the district

will benefit many private interests as well as the public.

Sec.

4011.0105.

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 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 bonds for the purposes

for which the district is created or to pay the principal of and

interest on the bonds;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

Sec.

4011.0106.

ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.

All or any part of the area of the district is eligible to be

included in:

(1)

a tax increment reinvestment zone created under

Chapter 311, Tax Code; or

(2)

a tax abatement reinvestment zone created under

Chapter 312, Tax Code.

Sec.

4011.0107.

APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec.

4011.0108.

CONSTRUCTION OF CHAPTER. This chapter

shall be liberally construed in conformity with the findings and

purposes stated in this chapter.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec.

4011.0201.

GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected voting directors who serve

staggered terms of four years.

(b)

Voting directors are elected in the manner provided by

Subchapter D, Chapter 49, Water Code.

Sec.

4011.0202.

COMPENSATION; EXPENSES. (a) The district

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

for each board meeting. The total amount of compensation for each

voting director in one year may not exceed $7,200.

(b)

A director is entitled to reimbursement for necessary

and reasonable expenses incurred in carrying out the duties and

responsibilities of the board.

(c)

Sections 375.069 and 375.070, Local Government Code, do

not apply to a voting director.

Sec.

4011.0204.

EX OFFICIO DIRECTORS. (a) In addition to

directors elected under Section 4011.0201, the commissioners court

of the county may appoint up to two persons who are officials of or

employed by the county to serve as nonvoting ex officio directors.

An ex officio director serves a term of four years.

(b)

An ex officio director is not counted as a voting

director for purposes of establishing a quorum.

(c) An ex officio director:

(1)

is entitled to receive the same notices and

information regarding the district as a voting director; and

(2)

may attend any board meeting, regardless of

whether the meeting is open or closed to the public.

SUBCHAPTER C. POWERS AND DUTIES

Sec.

4011.0301.

GENERAL POWERS AND DUTIES. (a)

The

district has the powers and duties necessary to accomplish the

purposes for which the district is created.

(b)

The district may contract with a governmental or private

entity, including the county, to carry out an action, power, or duty

authorized by this chapter or to accomplish the purposes for which

the district is created.

Sec.

4011.0302.

IMPROVEMENT PROJECTS AND SERVICES. (a) The

district, using any money available to the district for the

purpose, may provide, design, construct, acquire, improve,

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

service authorized under this chapter or Chapter 375, Local

Government Code.

(b)

The implementation of a district project or service is a

governmental function or service for the purposes of Chapter 791,

Government Code.

Sec.

4011.0303.

NONPROFIT CORPORATION. (a) The board by

resolution may authorize the creation of a nonprofit corporation to

assist and act for the district in implementing a project or

providing a service authorized by this chapter.

(b) The nonprofit corporation:

(1)

has each power of and is considered to be a local

government corporation created under Subchapter D, Chapter 431,

Transportation Code; and

(2)

may implement any project and provide any service

authorized by this chapter.

(c)

The board shall appoint the board of directors of the

nonprofit corporation. The board of directors of the nonprofit

corporation shall serve in the same manner as the board of directors

of a local government corporation created under Subchapter D,

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

required to reside in the district.

Sec.

4011.0304.

NAVIGATION DISTRICT POWERS. The district

has the powers provided by the general law of this state applicable

to navigation districts created under Section 59, Article XVI,

Texas Constitution, including Chapters 60 and 62, Water Code.

Sec.

4011.0305.

LAW ENFORCEMENT SERVICES. To protect the

public interest, the district may contract with a qualified party,

including the county, to provide law enforcement services in the

district for a fee.

Sec.

4011.0306.

MEMBERSHIP IN CHARITABLE ORGANIZATIONS.

The district may join and pay dues to a charitable or nonprofit

organization that performs a service or provides an activity

consistent with the furtherance of a district purpose.

Sec.

4011.0307.

ECONOMIC DEVELOPMENT PROGRAMS. (a) The

district may engage in activities that accomplish the economic

development purposes of the district.

(b)

The district may establish and provide for the

administration of one or more programs to promote state or local

economic development and to stimulate business and commercial

activity in the district, including programs to:

(1) make loans and grants of public money; and

(2) provide district personnel and services.

(c)

The district may create economic development programs

and exercise the economic development powers provided to

municipalities by:

(1) Chapter 380, Local Government Code; and

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

Sec.

4011.0308.

PARKING FACILITIES. (a) The district may

acquire, lease as lessor or lessee, construct, develop, own,

operate, and maintain parking facilities or a system of parking

facilities, including lots, garages, parking terminals, or other

structures or accommodations for parking motor vehicles off the

streets and related appurtenances.

(b)

The district's parking facilities serve the public

purposes of the district and are owned, used, and held for a public

purpose even if leased or operated by a private entity for a term of

years.

(c)

The district's parking facilities are parts of and

necessary components of a street and are considered to be a street

or road improvement.

(d)

The development and operation of the district's parking

facilities may be considered an economic development program.

Sec.

4011.0309.

ADDING OR EXCLUDING LAND. The district may

add or exclude land in the manner provided by Subchapter J, Chapter

49, Water Code, or by Subchapter H, Chapter 54, Water Code.

Sec.

4011.0310.

DISBURSEMENTS AND TRANSFERS OF MONEY. The

board by resolution shall establish the number of directors'

signatures and the procedure required for a disbursement or

transfer of district money.

Sec.

4011.0311.

RAIL FACILITIES.

The district may

construct, acquire, improve, maintain, finance, and operate rail

facilities, and improvements in aid of those facilities, for

commuter, freight, and other rail purposes.

Sec.

4011.0312.

BRIDGE FACILITIES.

The district may

construct, acquire, improve, maintain, finance, and operate bridge

facilities and improvements, including toll bridges.

Sec.

4011.0313.

EMINENT DOMAIN.

The district may exercise

the power of eminent domain in the manner provided by Section

49.222, Water Code.

SUBCHAPTER D. ASSESSMENTS

Sec.

4011.0401.

PETITION REQUIRED FOR FINANCING SERVICES

AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a

service or improvement project with assessments under this chapter

unless a written petition requesting that service or improvement

has been filed with the board.

(b)

A petition filed under Subsection (a) must be signed by

the owners of a majority of the assessed value of real property in

the district subject to assessment according to the most recent

certified tax appraisal roll for the county.

Sec.

4011.0402.

ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)

The board by resolution may impose and collect an assessment for any

purpose authorized by this chapter in all or any part of the

district.

(b)

An assessment, a reassessment, or an assessment

resulting from an addition to or correction of the assessment roll

by the district, penalties and interest on an assessment or

reassessment, an expense of collection, and reasonable attorney's

fees incurred by the district:

(1)

are a first and prior lien against the property

assessed;

(2)

are superior to any other lien or claim other than

a lien or claim for county, school district, or municipal ad valorem

taxes; and

(3)

are the personal liability of and a charge against

the owners of the property even if the owners are not named in the

assessment proceedings.

(c)

The lien is effective from the date of the board's

resolution imposing the assessment until the date the assessment is

paid. The board may enforce the lien in the same manner that the

board may enforce an ad valorem tax lien against real property.

(d)

The board may make a correction to or deletion from the

assessment roll that does not increase the amount of assessment of

any parcel of land without providing notice and holding a hearing in

the manner required for additional assessments.

SUBCHAPTER E. TAXES AND BONDS

Sec.

4011.0501.

TAX ELECTION REQUIRED. (a)

The district

must hold an election in the manner provided by Chapter 49, Water

Code, or, if applicable, Chapter 375, Local Government Code, to

obtain voter approval before the district may impose an ad valorem

tax.

(b)

Section 375.243, Local Government Code, does not apply

to the district.

Sec.

4011.0502.

OPERATION AND MAINTENANCE TAX. (a) If

authorized by a majority of the district voters voting at an

election under Section 4011.0501, the district may impose an

operation and maintenance tax on taxable property in the district

in the manner provided by Section 49.107, Water Code, for any

district purpose, including to:

(1) maintain and operate the district;

(2) construct or acquire improvements; or

(3) provide a service.

(b)

The board shall determine the operation and maintenance

tax rate. The rate may not exceed the rate approved at the

election.

Sec.

4011.0503.

AUTHORITY TO BORROW MONEY AND TO ISSUE

BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on

terms determined by the board.

(b)

The district may issue bonds, notes, or other

obligations payable wholly or partly from ad valorem taxes,

assessments, impact fees, tolls, fares, charges, fees, revenue,

contract payments, grants, or other district money, or any

combination of those sources of money, to pay for any authorized

district purpose.

Sec.

4011.0504.

BONDS SECURED BY REVENUE OR CONTRACT

PAYMENTS. The district may issue, without an election, bonds

secured by:

(1)

revenue other than ad valorem taxes, including

contract revenues; or

(2)

contract payments, provided that the requirements

of Section 49.108, Water Code, have been met.

Sec.

4011.0505.

BONDS SECURED BY AD VALOREM TAXES;

ELECTIONS. (a) If authorized at an election under Section

4011.0501, the district may issue bonds payable from ad valorem

taxes.

(b)

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 annual ad valorem tax, without

limit as to rate or amount, for each year that all or part of the

bonds are outstanding as required and in the manner provided by

Sections 54.601 and 54.602, Water Code.

(c)

All or any part of any facilities or improvements that

may be acquired by a district by the issuance of its bonds may be

submitted as a single proposition or as several propositions to be

voted on at the election.

SUBCHAPTER I. DISSOLUTION

Sec.

4011.0901.

DISSOLUTION. (a) The board shall dissolve

the district on written petition filed with the board by the owners

of:

(1)

at least two-thirds of the assessed value of the

property subject to assessment by the district based on the most

recent certified county property tax rolls; or

(2)

at least two-thirds of the surface area of the

district, excluding roads, streets, highways, utility

rights-of-way, other public areas, and other property exempt from

assessment by the district according to the most recent certified

county property tax rolls.

(b)

The board by majority vote may dissolve the district at

any time.

(c)

The district may not be dissolved by its board under

Subsection (a) or (b) if the district:

(1)

has any outstanding bonded or other indebtedness

until that bonded or other indebtedness has been repaid or defeased

in accordance with the order or resolution authorizing the issuance

of the bonded or other indebtedness;

(2)

has a contractual obligation to pay money until

that obligation has been fully paid in accordance with the

contract; or

(3)

owns, operates, or maintains public works,

facilities, or improvements unless the district contracts with

another person for the ownership, operation, or maintenance of the

public works, facilities, or improvements.

(d)

Sections 375.261, 375.262, and 375.264, Local

Government Code, do not apply to the district.

SECTION 2. The Puerto Verde Port Authority District

initially includes all territory contained in the following area:

FIELD NOTES FOR A BOUNDARY SURVEY OF 1898.24 ACRES, MORE OR LESS

Being a boundary survey of 1898.24 acres, more or less, of land

lying in Maverick County, Texas, being out of and parts of P. W.

Thomason Survey 12, Abstract No. 1321, L. Castanon Survey 10,

Abstract No. 1039, J. Conti Survey 9, Abstract No. 1037, F. F.

Fevre Survey 38, Abstract No. 109, T. Osborn Survey 11, Abstract

No. 1167, I. & G. N. RR. Co. Block 7, Survey 257, Abstract No. 434,

I. & G. N. RR. Co. Block 7, Survey 256, Abstract No. 433, W. B.

Scates Survey 7, Abstract No. 1088, and J. Navarro Survey 8,

Abstract No. 1076, and also being comprised of a composite of those

same certain tracts called Tract 3 (8.84 acres), Tract 4 (327.89

acres), Tract 5 (1212.08 acres), Tract 6 (107.43 acres), and Tract 7

(241.98 acres) as described in conveyance document to Farming

Hydrasource, LLC, recorded in Document Number 2112789 of the

Maverick County Official Public Records, Maverick County, Texas.

BEGINNING at a found 1/2" diameter rebar marking the ostensible

common survey corner of said Survey 12 and G. C. & S. F. RR. Co.

Survey 11, Abstract No. 1049, at a point on the ostensible

southerly line of F. Valdez Survey 22, Page 1142, and marking the

northwest corner of the herein described tract;

THENCE: S 89°36'51" E, with the ostensible common survey line of

said Survey 12 and said Survey 22, passing the ostensible common

survey corner of said Survey 22 and S. F. 016195 Abstract No. 1388,

continuing on the same course for a distance of 5382.03 feet to an

unmarked corner marking the ostensible common corner of said Survey

12 and said Abstract No. 1388, at a point on the ostensible westerly

line of said Survey 10, and marking an interior corner of the herein

described tract;

THENCE: N 00°10'32" E, with the ostensible common survey line of

said Survey 10 and said Abstract No. 1388 for a distance of 703.00

feet to an unmarked corner marking the ostensible common survey

corner of said Survey 10 and said Abstract No. 1388, and marking an

exterior corner of the herein described tract;

THENCE: S 89°30'14" E, with the ostensible survey line of said

Survey 10 and said Abstract No. 1388, passing the ostensible common

survey corner of said Abstract No. 1388 and said Survey 11,

continuing on the same course for a distance of 4612.79 feet to an

unmarked corner marking the ostensible common survey corner of said

Survey 10 and said Survey 11, at a point on the ostensible westerly

line of said Survey 9, and marking an interior corner of the herein

described tract;

THENCE: N 01°07'34" E, with the ostensible common survey line of

said Survey 9 and said Survey 11 for a distance of 98.24 feet to an

unmarked corner marking the ostensible common corner of said Survey

9 and said Survey 11, and marking an exterior corner of the herein

described tract;

THENCE: S 89°37'58" E, with the ostensible common survey line of

said Survey 9 and said Survey 11, passing the ostensible common

corner of said Survey 9 and said Survey 38, continuing on the same

course for a distance of 4916.07 feet to an unmarked corner marking

the ostensible common survey corner of said Survey 38 and said

Survey 11, and marking an interior corner of the herein described

tract;

THENCE: N 00°21'17" E, for a distance of 286.12 feet to an unmarked

corner marking an exterior corner of the herein described tract;

THENCE: S 89°41'52" E, passing the ostensible common survey corner

of said Survey 11 and said Survey 257, continuing on the same

course, passing the ostensible common survey corner o of said

Survey 11 and S. Tovar Survey 50, Abstract No. 1027, continuing on

the same course for a distance of 4476.51 feet to a found steel

stake at a point on the northwesterly margin of Union Pacific

Railroad, and marking the northeast corner of the herein described

tract;

THENCE: S 13°41'48" W, with the northwesterly margin of said

railroad for a distance of 923.69 feet to an unmarked corner marking

an exterior corner of the herein described tract;

THENCE: S 89°36'21" W, passing the ostensible common survey line of

said Survey 257 and said Survey 11, continuing on the same course,

passing the ostensible common survey line of said Survey 11 and said

Survey 38, continuing on the same course, passing the ostensible

common survey line of said Survey 38 and said Survey 9, continuing

on the same course for a distance of 6943.84 feet to an unmarked

corner marking an interior corner of the herein described tract;

THENCE: S 00°23'19" E, for a distance of 361.26 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 02°12'56" E, for a distance of 1620.21 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 32°36'41" W, for a distance of 1914.67 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 28°41'44" E, for a distance of 1078.51 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 32°13'35" E, for a distance of 680.42 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 26°07'58" E, for a distance of 515.73 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 48°47'36" E, passing the ostensible common survey line of

said Survey 9 and said Survey 8 for a distance of 630.27 feet to an

unmarked corner marking a deflection point of the herein described

tract;

THENCE: S 38°38'57" E, for a distance of 358.52 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 22°23'06" E, for a distance of 264.97 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 00°51'26" W, for a distance of 267.24 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 12°13'35" W, for a distance of 289.36 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 00°25'00" E, for a distance of 290.01 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 17°36'57" E, for a distance of 212.04 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 43°27'27" E, for a distance of 262.59 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 68°16'26" E, for a distance of 277.25 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 83°26'23" E, for a distance of 697.32 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 85°32'56" E, for a distance of 600.89 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 66°14'24" E, passing the ostensible common survey line of

said Survey 8 and said Survey 256, continuing on the same course for

a distance of 562.69 feet to an unmarked corner marking a deflection

point of the herein described tract;

THENCE: S 29°47'54" E, for a distance of 533.68 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 12°21'24" W, for a distance of 305.23 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 44°38'30" E, for a distance of 53.29 feet to an unmarked

corner at a point on the northwesterly margin of said railroad, at a

point on a curve to the right whose radius is 2796.50 feet;

THENCE: Southwesterly with said curve for an arc length of 1620.93

feet, (chord bearing of S 41°55'34" W, with a chord length of 1598.33

feet) marking the end of said curve;

THENCE: S 58°31'51" W, passing the ostensible common survey line of

said Survey 256 and said Survey 7, continuing on the same course for

a distance of 914.35 feet to an unmarked corner marking the south

corner of the herein described tract;

THENCE: N 21°45'13" E, for a distance of 189.30 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: N 35°51'28" E, for a distance of 121.15 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: N 49°03'50" E, for a distance of 188.08 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: N 59°01'13" E, for a distance of 303.45 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: N 57°21'33" E, passing the ostensible common survey line of

said Survey 7 and said Survey 256, continuing on the same course for

a distance of 323.10 feet to an unmarked corner marking a deflection

point of the herein described tract;

THENCE: N 55°46'58" E, for a distance of 303.71 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: N 41°10'40" E, for a distance of 334.00 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: N 32°17'45" E, for a distance of 235.02 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: N 23°47'36" E, for a distance of 154.48 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: N 23°47'36" E, for a distance of 139.86 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: N 10°49'52" E, for a distance of 241.31 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: N 00°00'00" W, for a distance of 167.30 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: N 24°52'49" W, for a distance of 157.52 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: N 41°19'51" W, for a distance of 153.17 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: N 61°24'30" W, for a distance of 131.09 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: N 88°20'48" W, passing the ostensible common survey line of

said Survey 256 and said Survey 8, continuing on the same course for

a distance of 571.01 feet to an unmarked corner marking a deflection

point of the herein described tract;

THENCE: S 60°53'05" W, passing the ostensible common survey line of

said Survey 8 and said Survey 7, continuing on the same course for a

distance of 2868.10 feet to an unmarked corner marking an exterior

corner of the herein described tract;

THENCE: N 02°17'56" W, passing the ostensible common survey line of

said Survey 7 and said Survey 8, continuing on the same course for a

distance of 1653.76 feet to an unmarked corner marking an interior

corner of the herein described tract;

THENCE: N 83°48'33" W, for a distance of 2875.14 feet to an unmarked

corner marking an exterior corner of the herein described tract;

THENCE: N 02°27'16" E, for a distance of 831.29 feet to an unmarked

corner marking an interior corner of the herein described tract;

THENCE: S 85°53'50" W, for a distance of 1219.80 feet to a found 1/2"

diameter rebar marking an exterior corner of the herein described

tract;

THENCE: N 21°17'24" W, passing the ostensible common survey line of

said Survey 8 and said Survey 10, continuing on the same course for

a distance of 2944.17 feet to a found 1/2" diameter rebar marking an

interior corner of the herein described tract;

THENCE: S 89°59'58" W; passing the ostensible common survey line of

said Survey 10 and said Survey 12, continuing on the same course for

a distance of 6918.89 feet to a found 1/2" diameter rebar at a point

on the ostensible common survey line of said Survey 12 and said

Survey 11, and marking an exterior corner of the herein described

tract;

THENCE: N 00°57'05" E, with the ostensible common survey line of

said Survey 12 and said Survey 11 for a distance of 3804.24 feet to

an unmarked corner marking a deflection point of the herein

described tract;

THENCE: N 00°57'05" E, with the ostensible common survey line of

said Survey 12 and said Survey 11 for a distance of 444.79 feet to

the Place of Beginning and containing 1898.24 acres, more or less,

of land within the herein described boundary.

FIELD NOTES FOR A BOUNDARY SURVEY OF 244.80 ACRES, MORE OR LESS

Being a boundary survey of 244.80 acres, more or less, of land lying

in Maverick County, Texas, being out of and parts of A. Whittaker

Survey 1, Abstract No. 854, Uvalde Co. School Lands Survey 4,

Abstract No. 845, B. Diaz Survey 4-1/2, Abstract No. 1217, and W.

B. Scates Survey 7, Abstract No. 1088, and also being that same

certain tract called Tract 1 (244.80 acres) as described in

conveyance document to Farming Hydrasource, LLC, recorded in

Document Number 2112789 of the Maverick County Official Public

Records, Maverick County, Texas.

BEGINNING at a found steel stake at a point on the southeasterly

margin of Union Pacific Railroad, marking the ostensible common

survey deflection point of said Survey 4-1/2 and I. & G. N. RR. Co.

Block 7, Survey 256, Abstract No. 433, and marking a deflection

point of the herein described tract;

THENCE: N 44° 39' 52" E, with the ostensible common survey line of

said Survey 4-1/2 and said Survey 256 for a distance of 825.73 feet

to an unmarked corner marking the ostensible common survey corner

of said Survey 4-1/2 and said Survey 256, and marking the north

corner of the herein described tract;

THENCE: S 45° 15' 08" E, with the ostensible common survey line of

said Survey 4-1/2 and said Survey 256 for a distance of 1761.00 feet

to an unmarked corner marking the ostensible common survey corner

of said Survey 4-1/2, said Survey 256, and I. & G. N. RR. Co. Block

7, Survey 166, Abstract No. 177, and marking the east corner of the

herein described tract;

THENCE: S 44° 44' 52" W, with the ostensible common survey line of

said Survey 4-1/2 and said Survey 166 for a distance of 1466.70 feet

to an unmarked corner marking the common corner of said Survey 4-1/2

and said Survey 166, at a point on the ostensible northeasterly line

of said Survey 4, and marking an interior corner of the herein

described tract;

THENCE: S 44° 09' 48" E, with the ostensible common survey line of

said Survey 4 and said Survey 166 for a distance of 210.42 feet to an

unmarked corner marking the common corner of said Survey 4 and said

Survey 166, and marking an exterior corner of the herein described

tract;

THENCE: S 46° 08' 38" W, with the ostensible common survey line of

said Survey 4 and said Survey 166, passing the ostensible common

survey corner of said Survey 166 and W. R. Ruffin Survey 1-1/2,

Abstract No. 1187, continuing on the same course for a distance of

2799.50 feet to an unmarked corner at a point on the ostensible

common survey line of said Survey 4 and said Survey 1-1/2, and

marking an exterior corner of the herein described tract;

THENCE: N 81° 50' 43" W, for a distance of 133.37 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 67° 52' 55" W, for a distance of 330.00 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: N 74° 49' 04" W, for a distance of 260.00 feet to an unmarked

corner marking an interior corner of the herein described tract;

THENCE: S 29° 28' 56" W, for a distance of 610.00 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 42° 15' 56" W, for a distance of 540.00 feet to an unmarked

corner marking a deflection point of the herein described tract;

THENCE: S 59° 10' 56" W, passing the ostensible common survey line of

said Survey 4 and said Survey 1, continuing on the same course for a

distance of 255.00 feet to an unmarked corner marking a deflection

point of the herein described tract;

THENCE: S 86° 34' 52" W, for a distance of 689.65 feet to an unmarked

corner marking the south corner of the herein described tract;

THENCE: N 04° 41' 22" W, for a distance of 589.46 feet to a found

steel stake marking an exterior corner of the herein described

tract;

THENCE: N 48° 07' 53" E, for a distance of 389.01 feet to an unmarked

corner marking an interior corner of the herein described tract;

THENCE: N 18° 23' 08" W, passing the ostensible common survey line of

said Survey 1 and said Survey 7, continuing on the same course for a

distance of 1149.38 feet to an unmarked corner at a point on the

southeasterly margin of said railroad, and marking an exterior

corner of the herein described tract;

THENCE: With the southeasterly margin of said railroad and the

herein described tract for the following five (5) calls:

1.) N 58° 31' 51" E, passing the ostensible common survey line of

said Survey 7 and said Survey 4, continuing on the same course for a

distance of 2459.31 feet to an unknown corner marking the beginning

of a curve to the left whose radius is 2896.50 feet;

2.) Northeasterly with said curve for an arc distance of 1571.66

feet (chord = N 42° 59' 11" E, 1552.45 feet) to an unmarked corner

marking the end of said curve, and marking the ostensible common

survey corner of said Survey 4, said Survey 4-1/2, and said Survey

256;

3.) S 44° 11' 17" E, with the ostensible common survey line of said

Survey 4 and said Survey 4-1/2 for a distance of 52.64 feet to an

unknown corner marking the beginning of a curve to the left whose

radius is 2946.50 feet;

4.) Northeasterly with said curve for an arc distance of 290.54

feet (chord = N 24° 56' 28" E, 290.43 feet) to an unmarked corner

marking the end of said curve, and marking the ostensible common

survey corner of said Survey 4-1/2 and said Survey 256;

5.) N 22° 06' 52" E, with the ostensible common survey line of said

Survey 4-1/2 and said Survey 256 for a distance of 368.50 feet to

the Place of Beginning and containing 244.80 acres, more or less, of

land within the herein described boundary.

FIELD NOTES FOR A BOUNDARY SURVEY OF 879.49 ACRES

Being a boundary survey of 879.49 acres of land located in Maverick

County, Texas, being out of and parts of John Potter Survey 65,

Abstract No. 767, G. C. & S. F. RR. Co. Survey 17, Abstract

No. 1178, G. C. & S. F. RR. Co. Survey 15, Abstract No. 1177, J.

Wipff Survey 14, Abstract No. 1265, and J. Wipff Survey 14,

Abstract No. 1266, and also being that same certain tract called

879.49 acres as described in conveyance document to MAVERICK HEAVY

CAST & HAUL, LLC, recorded in Document Number 2325007 of the

Maverick County Official Public Records, Maverick County, Texas.

BEGINNING at a found 1/2" diameter rebar at a point along the

easterly margin of Maverick Industrial Park Road, and marking the

northwest corner of the herein described tract;

THENCE: S 89° 57' 15" E, generally parallel with the fence, passing

the ostensible common survey line of said Survey 65 and said Survey

17, continuing on the same course passing the ostensible common

survey line of said Survey 17 and said Survey 15, continuing on the

same course for a distance of 3802.75 feet to a found 5/8" diameter

rebar with a plastic cap marked "RPLS 1753/PROP. COR." marking the

northeast corner of the herein described tract;

THENCE: S 44° 13' 13" E, generally with the fence, passing the

ostensible common survey line of said Survey 15 and said Survey 14

(A-1265), continuing on the same course for a distance of 3559.14

feet to a 4.5" diameter pipe 2-way fence corner post at a point on

the ostensible common survey line of said Survey 14 (A-1265) and I. &

G. N. RR. Co. Survey 1, Abstract No. 418, and marking a deflection

point of the herein described tract;

THENCE: Generally with the fence for the following three (3) calls:

1.) S 00° 02' 31" W, with the ostensible common survey line

of said Survey 14 (A-1265) and said Survey 1, passing the ostensible

common survey line of said Survey 1 and F. Valdez Survey 22,

Abstract No. 1142, continuing on the same course and now with the

ostensible common survey line of said Survey 14 (A-1265) and said

Survey 22 for a distance of 2728.47 feet to a 4.5" diameter pipe

2-way fence corner post marking an exterior corner of the herein

described tract;

2.) N 89° 34' 25" W, with the ostensible common survey line

of said Survey 14 (A-1265) and said Survey 22 for a distance of

93.77 feet to a 4.5" diameter pipe 2-way fence corner post marking

an interior corner of the herein described tract;

3.) S 00° 04' 14" W, with the ostensible common survey line

of said Survey 14 (A-1265) and said Survey 22 for a distance of

1075.79 feet to a 4.5" diameter pipe 3-way fence corner post at a

point on the ostensible common survey line of said Survey 14

(A-1265) and G. C. & S. F. RR. Co. Survey 11, Abstract 1049, and

marking an exterior corner of the herein described tract;

THENCE: Generally with the fence, and with the ostensible common

survey line of said Survey 14 (A-1265) and said Survey 11 for the

following two (2) calls:

1.) N 89° 12' 41" W, for a distance of 1938.35 feet to a found

1/2" diameter rebar marking the ostensible northwest survey corner

of said Survey 11, marking an ostensible interior survey corner of

said Survey 14 (A-1265), and marking an interior corner of the

herein described tract;

2.) S 01° 32' 13" W, for a distance of 1370.61 feet to a found

1/2" diameter rebar marking the south corner of the herein

described tract;

THENCE: S 89° 59' 58" W, for a distance of 2325.38 feet to a found

1/2" diameter rebar marking the southwest corner of the herein

described tract;

THENCE: With the herein described tract for the following two (2)

calls:

1.) N 00° 00' 46" E, passing the ostensible common survey

line of said Survey 14 (A-1265) and said Survey 14 (A-1266),

continuing on the same course for a distance of 310.01 feet to a

found 1/2" diameter rebar marking an interior corner of the herein

described tract;

2.) N 89° 59' 50" W, for a distance of 1461.79 feet to a found

1/2" diameter rebar at a point on the northeasterly margin of U.S.

Highway 277, and marking an exterior corner of the herein described

tract;

THENCE: N 19° 20' 14" W, with the northeasterly margin of U.S.

Highway 277 and the herein described tract for a distance of 84.72

feet to a found 1/2" diameter rebar marking an exterior corner of

the herein described tract;

THENCE: With the herein described tract for the following three (3)

calls:

1.) N 89° 59' 55" E, for a distance of 1401.19 feet to a

found 1/2" diameter rebar marking an interior corner of the herein

described tract;

2.) N 00° 00' 29" W, for a distance of 299.93 feet to a found

1/2" diameter rebar marking an interior corner of the herein

described tract;

3.) S 89° 59' 40" W, for a distance of 105.08 feet to a found

1/2" diameter rebar marking an exterior corner of the herein

described tract;

THENCE: With the herein described tract for the following two (2)

calls:

1.) N 00° 00' 33" W, for a distance of 300.01 feet to a found

1/2" diameter rebar marking an interior corner of the herein

described tract;

2.) N 89° 59' 48" W, for a distance of 1507.17 feet to a found

1/2" diameter rebar at a point on the northeasterly margin of U.S.

Highway 277, and marking an exterior corner of the herein described

tract;

THENCE: N 19° 22' 52" W, with the northeasterly margin of U.S.

Highway 277 and the herein described tract for a distance of 84.76

feet to a found 1/2" diameter rebar marking an exterior corner of

the herein described tract;

THENCE: With the herein described tract for the following three (3)

calls:

1.) N 89° 59' 59" E, for a distance of 1401.22 feet to a found

1/2" diameter rebar marking an interior corner of the herein

described tract;

2.) N 00° 00' 36" W, for a distance of 299.89 feet to a found

1/2" diameter rebar marking an interior corner of the herein

described tract;

3.) N 89° 59' 11" W, for a distance of 105.57 feet to a found

1/2" diameter rebar marking an exterior corner of the herein

described tract;

THENCE: With the herein described tract for the following two (2)

calls:

1.) N 00° 00' 27" E, for a distance of 300.09 feet to a found

1/2" diameter rebar marking an interior corner of the herein

described tract;

2.) N 89° 59' 55" W, for a distance of 1506.77 feet to a found

1/2" diameter rebar at a point on the northeasterly margin of U.S.

Highway 277, and marking an exterior corner of the herein described

tract;

THENCE: N 19° 20' 35" W, with the northeasterly margin of U.S.

Highway 277 and the herein described tract for a distance of 63.59

feet to a found 1/2" diameter rebar marking an exterior corner of

the herein described tract;

THENCE: With the herein described tract for the following three (3)

calls:

1.) S 89° 59' 55" E, passing the ostensible common survey

line of said Survey 14 (A-1266) and said Survey 14 (A-1265),

continuing on the same course for a distance of 2669.59 feet to an

unmarked corner marking an interior corner of the herein described

tract, from which point a found 1/2" diameter rebar in concrete

bears N 14° 19' 01" W at a distance of 0.12 feet;

2.) N 00° 00' 00" W, for a distance of 320.00 feet to an

unmarked corner marking an interior corner of the herein described

tract, from which point a found 1/2" diameter rebar in concrete

bears S 28° 33' 56" W at a distance of 0.19 feet;

3.) N 90° 00' 00" W, passing the ostensible common survey

line of said Survey 14 (A-1265) and said Survey 14 (A-1266),

continuing on the same course for a distance of 1381.04 feet to a

2.5" diameter pipe 3-way fence corner post marking an exterior

corner of the herein described tract;

THENCE: With the herein described tract for the following two (2)

calls:

1.) N 00° 00' 00" W, for a distance of 300.00 feet to an

unmarked corner marking an interior corner of the herein described

tract, from which a 4.5" diameter pipe 2-way fence corner post bears

S 64° 12' 27" W at a distance of 0.47 feet;

2.) N 90° 00' 00" W, at 1505.99 feet passing a 3" diameter

pipe 2-way fence corner post, continuing on the same course for a

total distance of 1506.73 feet to an unmarked corner at a point on

the northeasterly margin of U.S. Highway 277, and marking an

exterior corner of the herein described tract;

THENCE: N 19° 24' 27" W, with the northeasterly margin of U.S.

Highway 277 and the herein described tract for a distance of 84.85

feet to a found 1/2" diameter rebar marking an exterior corner of

the herein described tract;

THENCE: With the herein described tract for the following three (3)

calls:

1.) S 89° 59' 48" E, for a distance of 1402.72 feet to a found

1/2" diameter rebar marking an interior corner of the herein

described tract;

2.) N 00° 00' 01" E, for a distance of 300.08 feet to a found

1/2" diameter rebar marking an interior corner of the herein

described tract;

3.) S 89° 59' 02" W, for a distance of 69.05 feet to an

unmarked corner marking an exterior corner of the herein described

tract, from which a 4.5" diameter pipe 2-way fence corner post bears

S 67° 48' 44" W at a distance of 0.48 feet;

THENCE: With the herein described tract for the following two (2)

calls:

1.) N 00° 00' 00" W, for a distance of 300.00 feet to an

unmarked corner marking an interior corner of the herein described

tract, from which a 4.5" diameter pipe 2-way fence corner post bears

S 26° 03' 27" W at a distance of 0.45 feet;

2.) N 90° 00' 00" W, at 1473.34 feet passing a 9" diameter

pipe 2-way fence corner post, continuing on the same course for a

total distance of 1476.08 feet to an unmarked corner at a point on

the northeasterly margin of U.S. Highway 277, at a point along a

curve to the right whose radius is 2838.31 feet, and marking an

exterior corner of the herein described tract;

THENCE: Northeasterly with said curve deflecting continuously and

uniformly to the right, for an arc distance of 80.39 feet (chord = N

05° 37' 13" W, 80.39 feet, D = 01° 37' 22") to a found 1/2" diameter

rebar marking an exterior corner of the herein described tract;

THENCE: With the herein described tract for the following two (2)

calls:

1.) S 89° 59' 58" E, for a distance of 1446.15 feet to a found

1/2" diameter rebar marking an interior corner of the herein

described tract;

2.) N 00° 00' 24" E, for a distance of 300.06 feet to a found

1/2" diameter rebar marking an exterior corner of the herein

described tract;

THENCE: With the herein described tract for the following three (3)

calls:

1.) S 89° 31' 57" E, for a distance of 7.23 feet to a found

1/2" diameter rebar marking an interior corner of the herein

described tract;

2.) N 00° 00' 38" W, for a distance of 300.06 feet to a found

1/2" diameter rebar marking an interior corner of the herein

described tract;

3.) S 89° 59' 44" W, for a distance of 1440.32 feet to a found

1/2" diameter rebar at a point on the southeasterly margin of

Maverick Industrial Park Road, marking an exterior corner of the

herein described tract;

THENCE: N 06° 32' 13" E, generally with the converging fence, and

with the southeasterly margin of Maverick Industrial Park Road and

the herein described tract for a distance of 4016.93 feet to the

Place of Beginning and containing 879.49 acres, more or less, of

land within the herein described boundary.

FIELD NOTES FOR A BOUNDARY SURVEY OF 300.04 ACRES, MORE OR LESS

Being a boundary survey of 300.04 acres, more or less, of land lying

in Maverick County, Texas, being out of and parts of G. C. & S. F.

RR. Co. Survey 11, Abstract No. 1049, and G. C. & S. F. RR. Co.

Survey 13, Abstract No. 1052, and also being that same certain

tract called 300.04 acres as described in conveyance document to

Farming Hydrasource, LLC, recorded in Document Number 2324278 of

the Maverick County Official Public Records, Maverick County,

Texas.

BEGINNING at a found 1/2" diameter rebar marking the ostensible

common survey corner of said Survey 11 and J. Wipff Survey 14,

Abstract No. 1265, and marking the northwest corner of the herein

described tract;

THENCE: S 89° 12' 41" E, generally with the fence, and with the

ostensible common survey line of said Survey 11 and said Survey 14

for a distance of 1938.35 feet to a 4.5" diameter pipe 3-way fence

corner post marking the ostensible common survey corner of said

Survey 14 and F. Valdez Survey 22, Abstract No. 1142, and marking a

deflection point of the herein described tract;

THENCE: S 88° 53' 30" E, generally with the fence, and with the

ostensible common survey line of said Survey 11 and said Survey 22

for a distance of 3460.03 feet to a found 1/2" diameter rebar

marking the ostensible common survey corner of said Survey 11 and P.

W. Thomason Survey 12, Abstract No. 1321, and marking the northeast

corner of the herein described tract;

THENCE: S 00° 57' 57" W, generally with the fence, and with the

ostensible common survey line of said Survey 11 and said Survey 12

for a distance of 2419.98 feet to a found 1/2" diameter rebar

marking the southeast corner of the herein described tract, from

which a found 5/8" diameter rebar with a plastic cap marked "RPLS

1753/PROP. COR." bears S 00° 57' 57" W at a distance of 2957.62 feet;

THENCE: N 88° 47' 00" W, for a distance of 5393.91 feet to a leaning

6.5" diameter pipe 2-way fence corner post marking a deflection

point of the herein described tract;

THENCE: Generally with the fence for the following two (2) calls:

1.) N 89° 05' 00" W, passing the ostensible common survey line of

said Survey 11 and said Survey 13, continuing on the same course for

a distance of 318.43 feet to a 6.5" diameter pipe 3-way fence corner

post marking the southwest corner of the herein described tract;

2.) N 00° 19' 13" W, for a distance of 50.45 feet to a found 5/8"

diameter rebar with a plastic cap marked "RPLS 1753/ PROP. COR." at

a point on the ostensible common survey line of said Survey 13 and

said Survey 14, and marking an exterior corner of the herein

described tract;

THENCE: Generally with the fence for the following two (2) calls:

1.) S 89° 31' 33" E, with the ostensible common survey line of said

Survey 13 and said Survey 14 for a distance of 291.46 feet to a found

1/2" diameter rebar marking the ostensible common survey corner of

said Survey 13 and said Survey 14, at a point on the ostensible

westerly line of said Survey 11, marking an exterior corner of said

1076.653 acres, and marking a reentrant corner of the herein

described tract;

2.) N 01° 32' 33" E, with the ostensible common survey line of said

Survey 11 and said Survey 14 for a distance of 2346.43 feet to the

Place of Beginning and containing 300.04 acres, more or less, of

land within the herein described boundary.

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,

lieutenant governor, and speaker of the house of representatives

within the required time.

(d) All requirements of the constitution and laws of this

state and the rules and procedures of the legislature with respect

to the notice, introduction, and passage of this Act have been

fulfilled and accomplished.

SECTION 4. (a) Section 4011.0313, 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 4011, Special

District Local Laws Code, as added by Section 1 of this Act, is

amended by adding Section 4011.0313 to read as follows:

Sec.

4011.0313.

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. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.