Texas 2009 - 81st Regular

Texas House Bill HB4500 Compare Versions

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1	1	By: Martinez Fischer H.B. No. 4500
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of Austin Desired Development Zone
7	7	District No. 1; providing authority to levy an assessment, impose
8	8	taxes, and issue bonds; and granting a limited power of eminent
9	9	domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 38___ to read as follows:
13	13	CHAPTER 38___. Austin Desired Development Zone District No. 1
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 38___.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Austin.
18	18	(3) "County" means Travis County.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the Austin Desired Development
21	21	Zone District No. 1.
22	22	Sec. 38___.002. NATURE OF DISTRICT. Austin Desired
23	23	Development Zone District No. 1 is a special district created under
24	24	Section 59, Article XVI, Texas Constitution.
25	25	Sec. 38___.003. PURPOSE; DECLARATION OF INTENT. (a) The
26	26	creation of the district is essential to accomplish the purposes of
27	27	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
28	28	Texas Constitution, and other public purposes stated in this
29	29	chapter. By creating the district and in authorizing the city, the
30	30	county, and other political subdivisions to contract with the
31	31	district, the legislature has established a program to accomplish
32	32	the public purposes set out in Section 52-a, Article III, Texas
33	33	Constitution.
34	34	(b) The creation of the district is necessary to promote,
35	35	develop, encourage, and maintain employment, commerce,
36	36	transportation, housing, tourism, recreation, the arts,
37	37	entertainment, economic development, safety, and the public
38	38	welfare in the district.
39	39	Sec. 38___.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
40	40	(a) The district is created to serve a public use and benefit.
41	41	(b) All land and other property included in the district
42	42	will benefit from the improvements and services to be provided by
43	43	the district under powers conferred by Sections 52 and 52-a,
44	44	Article III, and Section 59, Article XVI, Texas Constitution, and
45	45	other powers granted under this chapter.
46	46	(c) The creation of the district is in the public interest
47	47	and is essential to:
48	48	(1) further the public purposes of developing and
49	49	diversifying the economy of the state;
50	50	(2) eliminate unemployment and underemployment; and
51	51	(3) develop or expand transportation and commerce.
52	52	(d) The district will:
53	53	(1) promote the health, safety, and general welfare of
54	54	residents, employers, potential employees, employees, visitors,
55	55	and consumers in the district, and of the public;
56	56	(2) provide needed funding for the district to
57	57	preserve, maintain, and enhance the economic health and vitality of
58	58	the district territory as a community and business center; and
59	59	(3) promote the health, safety, welfare, and enjoyment
60	60	of the public by providing pedestrian ways and by landscaping and
61	61	developing certain areas in the district, which are necessary for
62	62	the restoration, preservation, and enhancement of scenic beauty;
63	63	and
64	64	(4) provide for water, wastewater, drainage, road, and
65	65	recreational facilities for the district.
66	66	(e) Pedestrian ways along or across a street, whether at
67	67	grade or above or below the surface, and street lighting, street
68	68	landscaping, parking, and street art objects are parts of and
69	69	necessary components of a street and are considered to be a street
70	70	or road improvement.
71	71	(f) The district will not act as the agent or
72	72	instrumentality of any private interest even though the district
73	73	will benefit many private interests as well as the public.
74	74	Sec. 38___.005. INITIAL DISTRICT TERRITORY. (a) The
75	75	district is initially composed of the territory described by
76	76	Section 2 of the Act enacting this chapter.
77	77	(b) The boundaries and field notes contained in Section 2 of
78	78	the Act enacting this chapter form a closure. A mistake in the
79	79	field notes or in copying the field notes in the legislative process
80	80	does not affect the district's:
81	81	(1) organization, existence, or validity;
82	82	(2) right to issue any type of bond for the purposes
83	83	for which the district is created or to pay the principal of and
84	84	interest on the bond;
85	85	(3) right to impose or collect an assessment or tax; or
86	86	(4) legality or operation.
87	87	Sec. 38___.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
88	88	All or any part of the area of the district is eligible to be
89	89	included in:
90	90	(1) a tax increment reinvestment zone created under
91	91	Chapter 311, Tax Code;
92	92	(2) a tax abatement reinvestment zone created under
93	93	Chapter 312, Tax Code; or
94	94	(3) an enterprise zone created under Chapter 2303,
95	95	Government Code.
96	96	Sec. 38___.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
97	97	DISTRICTS LAW. Except as otherwise provided by this chapter,
98	98	Chapter 375, Local Government Code, applies to the district.
99	99	Sec. 38___.008. LIBERAL CONSTRUCTION OF CHAPTER. This
100	100	chapter shall be liberally construed in conformity with the
101	101	findings and purposes stated in this chapter.
102	102	Sec. 38___.009. CONFIRMATION AND DIRECTORS' ELECTION
103	103	REQUIRED. The temporary directors shall hold an election to
104	104	confirm the creation of the district and to elect four permanent
105	105	directors as provided by Section 49.102, Water Code.
106	106	Sec. 38___.010. CONSENT OF MUNICIPALITY REQUIRED. (a) The
107	107	temporary directors may not hold an election under Section
108	108	38___.009 until the city has consented by ordinance or resolution
109	109	to the creation of the district and to the inclusion of land in the
110	110	district.
111	111	(b) The city may condition its consent to the creation of
112	112	the district, to the inclusion of land in the district, and to the
113	113	exercise or limitation of powers granted to the district under this
114	114	Chapter by requiring the owner of any land included in the district
115	115	to negotiate and enter into a written agreement with the City of
116	116	Austin under this Chapter and Sections 43.0563 and 212.172, Local
117	117	Government Code.
118	118	(c) An agreement between a municipality and a landowner
119	119	entered into prior to the effective date of this chapter and that
120	120	complies with this section is validated.
121	121	(d) Section 54.016, Water Code, does not apply to the
122	122	district or to an agreement under this section. An agreement under
123	123	this section constitutes the city's consent to the creation of the
124	124	district under Section 42.042, Local Government Code.
125	125	[Sections 38___.012 - 38___.050 reserved for expansion]
126	126	SUBCHAPTER B. BOARD OF DIRECTORS
127	127	Sec. 38___.051. GOVERNING BODY; TERMS. (a) The district is
128	128	governed by a board of seven directors. Four of the directors are
129	129	elected. Three of the directors are appointed under Sec.
130	130	38___.053.
131	131	(b) Except as provided by Sec. 38___.052, directors serve
132	132	staggered four-year terms, with two elected directors' terms and
133	133	one or two appointed director's terms expiring on June 1 of each
134	134	even-numbered year. The term of office for each director first
135	135	appointed under Sec. 38___.053 shall begin on the date the four
136	136	permanent directors are elected under Section 38___.009
137	137	Sec. 38___.052. TEMPORARY DIRECTORS. (a) On or after the
138	138	effective date of the Act creating this chapter, the owner or owners
139	139	of a majority of the assessed value of the real property in the
140	140	district as determined by the most recent certified tax appraisal
141	141	roll for the county may submit a petition to the Texas Commission on
142	142	Environmental Quality requesting that the commission appoint as
143	143	temporary directors the four persons named in the petition. The
144	144	commission shall appoint as temporary directors the four persons
145	145	named in the petition.
146	146	(b) Temporary directors serve until the earlier of:
147	147	(1) the date four permanent directors are elected
148	148	under Section 38___.009; or
149	149	(2) the fourth anniversary of the effective date of
150	150	the Act creating this chapter.
151	151	(c) If permanent directors have not been elected under
152	152	Section 38___.009 and the terms of the temporary directors have
153	153	expired, successor temporary directors shall be appointed or
154	154	reappointed as provided by Subsection (d) to serve terms that
155	155	expire on the earlier of:
156	156	(1) the date four permanent directors are elected
157	157	under Section 38___.009; or
158	158	(2) the fourth anniversary of the date of the
159	159	appointment or reappointment.
160	160	(d) If Subsection (c) applies, the owner or owners of a
161	161	majority of the assessed value of the real property in the district
162	162	according to the most recent certified tax appraisal roll for the
163	163	county may submit a petition to the commission requesting that the
164	164	commission appoint as successor temporary directors the four
165	165	persons named in the petition. The commission shall appoint as
166	166	successor temporary directors the four persons named in the
167	167	petition.
168	168	Sec. 38___.053. APPOINTMENT OF DIRECTOR. (a) The City
169	169	Council of the city shall appoint one director, and may appoint a
170	170	second director after notice is provided by the board to the city
171	171	under Subsection (c). A person is appointed if a majority of the
172	172	members of the City Council vote to appoint that person.
173	173	(b) The county Commissioners Court shall appoint one
174	174	director. A person is appointed if a majority of the members of the
175	175	Commissioners Court vote to appoint that person.
176	176	(c) The Texas Commission on Environmental Quality shall
177	177	appoint one director nominated by the board. The board shall
178	178	request the name of a qualified director nominee from each person
179	179	who owns at least 25 percent of the surface area of land in the
180	180	district, based on the most recent certified tax appraisal roll for
181	181	the county. The board shall nominate to the Texas Commission on
182	182	Environmental Quality the qualified director nominee whose name was
183	183	submitted by the person who owns the largest total surface area of
184	184	land in the district. If the board has not received the name of a
185	185	qualified director nominee before the 31st day after the date the
186	186	board requests the name of a qualified director nominee from every
187	187	person who owns at least 25 percent of the surface area of land in
188	188	the district, or if no person owns at least 25 percent of the
189	189	surface area of land in the district, the board shall notify the
190	190	city that it may appoint a second director under Subsection (a), and
191	191	no appointment shall be made under this subsection.
192	192	Sec. 38___.054 QUALIFICATIONS OF DIRECTOR. (a) To be
193	193	qualified to be elected and serve as an elected director or to be
194	194	qualified to be appointed and serve as an appointed director under
195	195	Subsection (c) of Section 38___.053, a person must be at least 18
196	196	years old and:
197	197	(1) a resident of the district; or
198	198	(2) an owner of property in the district.
199	199	(b) A director appointed under Section 38___.052 or
200	200	Subsection (a) or (b) of Section 38___.053 must be at least 18 years
201	201	old.
202	202	(c) A person who qualifies to serve as a director under this
203	203	section is subject to Section 375.072, Local Government Code.
204	204	Sec. 38___.055. DIRECTOR VACANCY. A vacancy in the office
205	205	of an elected director shall be filled for the unexpired term by the
206	206	majority vote of the remaining members of the board. A vacancy in
207	207	the office of a director appointed under Section 38___.053 shall be
208	208	filled for the unexpired term by a new director appointed under that
209	209	section.
210	210	Sec. 38___.056. QUORUM. (a) A majority of the directors
211	211	constitutes a quorum, and a concurrence of a majority of the
212	212	directors is required for any official action of the district
213	213	unless a lesser or greater number of votes is provided by other law.
214	214	The written consent of at least two-thirds of the directors is
215	215	required to authorize the levy of assessments, the levy of taxes,
216	216	the imposition of impact fees, or the issuance of bonds.
217	217	(b) For purposes of determining the requirements for a
218	218	majority of the board under this section, the following are not
219	219	counted:
220	220	(1) a board position vacant for any reason, including
221	221	death, resignation, or disqualification; or
222	222	(2) a director who is abstaining from participation in
223	223	a vote because of a conflict of interest.
224	224	Sec. 38___.057. COMPENSATION. A director is entitled to
225	225	receive fees of office and reimbursement for actual expenses as
226	226	provided by Section 49.060, Water Code.
227	227	[Sections 38___.058 - 38___.100 reserved for expansion]
228	228	SUBCHAPTER C. POWERS AND DUTIES
229	229	Sec. 38___.101. GENERAL POWERS AND DUTIES. The district
230	230	has the powers and duties provided by:
231	231	(1) the general laws relating to conservation and
232	232	reclamation districts created under Section 59, Article XVI, Texas
233	233	Constitution, including Chapters 49 and 54, Water Code;
234	234	(2) Section 52, Article III, Texas Constitution,
235	235	including the power to design, acquire, construct, finance, issue
236	236	bonds for, improve, operate, maintain, and convey to this state, a
237	237	county, or a municipality for operation and maintenance
238	238	macadamized, graveled, or paved roads, or improvements, including
239	239	storm drainage, in aid of those roads;
240	240	(3) Subchapter A, Chapter 372, Local Government Code,
241	241	in the same manner as a municipality or a county;
242	242	(4) Chapter 375, Local Government Code;
243	243	(5) Chapter 380, Local Government Code, in the same
244	244	manner as a municipality;
245	245	(6) Chapter 394, Local Government Code, to a housing
246	246	finance corporation created and operating under that chapter, in
247	247	the same manner as a housing finance corporation;
248	248	(7) Subchapter C, Chapter 402, Local Government Code,
249	249	in the same manner as a municipality; and
250	250	(8) Chapters 501, 502, and 505, Local Government Code,
251	251	in the same manner as a municipality to which one or more of those
252	252	chapters applies.
253	253	Sec. 38___.102. AGREEMENTS; GRANTS. (a) The district may
254	254	make an agreement with or accept a gift, grant, or loan from any
255	255	person. A service agreement made by the district shall be
256	256	terminable at will and without penalty upon 30 days notice of
257	257	termination, unless the district secures the written consent of the
258	258	City of Austin to modify or exclude those termination provisions,
259	259	except for service agreements with the following persons or
260	260	entities:
261	261	(1) a developer of land within the district, as
262	262	defined by Section 49.052(d), Water Code;
263	263	(2) a government agency, entity, or political
264	264	subdivision;
265	265	(3) a retail public utility or electric cooperative,
266	266	concerning water, wastewater, gas, electricity, telecommunication,
267	267	drainage, or other utility services and facilities; or
268	268	(4) a provider of services relating to solid waste
269	269	collection, transfer, processing, reuse, resale, disposal, and
270	270	management.
271	271	(b) The implementation of a project is a governmental
272	272	function or service for the purposes of Chapter 791, Government
273	273	Code.
274	274	(c) The board may enter into a contract with the board of
275	275	directors of a tax increment reinvestment zone created under
276	276	Chapter 311, Tax Code, and the governing body of the municipality or
277	277	county that created the zone to manage the zone or implement the
278	278	project plan and reinvestment zone financing plan.
279	279	Sec. 38___.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
280	280	AND FIRE-FIGHTING SERVICES. (a) To protect the public interest,
281	281	the district may contract with a qualified party, including the
282	282	county or the city, for the provision of law enforcement services in
283	283	the district for a fee.
284	284	(b) The district may provide fire-fighting services under
285	285	Section 49.351, Water Code and has the powers and duties of a
286	286	municipality under Section 775.022, Health & Safety Code.
287	287	Sec. 38___.104. ECONOMIC DEVELOPMENT PROGRAMS. The
288	288	district may establish and provide for the administration of one or
289	289	more programs to promote state or local economic development and to
290	290	stimulate business and commercial activity in the district,
291	291	including programs to:
292	292	(1) make loans and grants of public money; and
293	293	(2) provide district personnel and services.
294	294	Sec. 38___.105. STRATEGIC PARTNERSHIP AGREEMENT. The
295	295	district may negotiate and enter into a written strategic
296	296	partnership with the City of Austin under Section 43.0751, Local
297	297	Government Code. A power granted to the district under this Chapter
298	298	may be restricted or prohibited by the terms and conditions of an
299	299	agreement between the City of Austin and the district under this
300	300	section.
301	301	Sec. 38___.106. LIMITED EMINENT DOMAIN. (a) The district
302	302	may exercise the power of eminent domain under Section 49.222,
303	303	Water Code.
304	304	(b) The district may not exercise the power of eminent
305	305	domain outside the district boundaries to acquire:
306	306	(1) a site for a water treatment plant, water storage
307	307	facility, wastewater treatment plant, or wastewater disposal
308	308	plant; or
309	309	(2) a recreational facility as defined by Section
310	310	49.462, Water Code.
311	311	Sec. 38___.107. ANNEXATION OR EXCLUSION OF LAND BY
312	312	DISTRICT. (a) The district may annex land as provided by
313	313	Subchapter J, Chapter 49, Water Code.
314	314	(b) The district may exclude land as provided by Subchapter
315	315	J, Chapter 49, Water Code. Section 375.044(b), Local Government
316	316	Code, does not apply to the district.
317	317	Sec. 38___.108. SUITS. The District shall not be a
318	318	voluntary party to any suit against the city by a district resident
319	319	or a person who owns property in the district unless the district
320	320	has standing to bring the suit.
321	321	[Sections 38___.109 - 38___.150 reserved for expansion]
322	322	SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
323	323	Sec. 38___.151. PUBLIC TRANSIT SYSTEM. (a) The district
324	324	may acquire, lease as lessor or lessee, construct, develop, own,
325	325	operate, and maintain a public transit system to serve the area
326	326	within the boundaries of the district.
327	327	(b) The district may contract with a regional transit
328	328	authority for the provision of a public transit system and public
329	329	transit services.
330	330	Sec. 38___.152. PARKING FACILITIES AUTHORIZED; OPERATION
331	331	BY PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire,
332	332	lease as lessor or lessee, construct, develop, own, operate, and
333	333	maintain parking facilities or a system of parking facilities,
334	334	including:
335	335	(1) lots, garages, parking terminals, or other
336	336	structures or accommodations for parking motor vehicles off the
337	337	streets; and
338	338	(2) equipment, entrances, exits, fencing, and other
339	339	accessories necessary for safety and convenience in parking
340	340	vehicles.
341	341	(b) A parking facility of the district may be leased to, or
342	342	operated for the district by, an entity other than the district.
343	343	(c) The district's parking facilities are a program
344	344	authorized by the legislature under Section 52-a, Article III,
345	345	Texas Constitution.
346	346	(d) The district's parking facilities serve the public
347	347	purposes of the district and are owned, used, and held for a public
348	348	purpose even if leased or operated by a private entity for a term of
349	349	years.
350	350	(e) The district's public parking facilities and any lease
351	351	to a private entity are exempt from the payment of ad valorem taxes
352	352	and state and local sales and use taxes.
353	353	Sec. 38___.153. RULES. The district may adopt rules
354	354	covering its public transit system or its public parking system.
355	355	Sec. 38___.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR
356	356	PARKING FACILITIES. (a) The district may use any of its resources,
357	357	including revenue, assessments, taxes, or grant or contract
358	358	proceeds, to pay the cost of acquiring or operating a public transit
359	359	system or public parking facilities.
360	360	(b) The district may:
361	361	(1) set, charge, impose, and collect fees, charges, or
362	362	tolls for the use of the public transit system or the public parking
363	363	facilities; and
364	364	(2) issue bonds or notes to finance the cost of these
365	365	facilities.
366	366	[Sections 38___.155 - 38___.200 reserved for expansion]
367	367	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
368	368	Sec. 38___.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
369	369	board by resolution shall establish the number of directors'
370	370	signatures and the procedure required for a disbursement or
371	371	transfer of the district's money.
372	372	Sec. 38___.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
373	373	The district may acquire, construct, finance, operate, or maintain
374	374	any improvement or service authorized under this chapter or Chapter
375	375	375, Local Government Code, using any money available to the
376	376	district.
377	377	Sec. 38___.203. PETITION REQUIRED FOR FINANCING SERVICES
378	378	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
379	379	service or improvement project with assessments under this chapter
380	380	unless a written petition requesting that service or improvement
381	381	has been filed with the board.
382	382	(b) A petition filed under Subsection (a) must be signed by
383	383	the owners of a majority of the assessed value of the real property
384	384	in the district subject to assessment as determined by the most
385	385	recent certified tax appraisal roll for the county.
386	386	Sec. 38___.204. METHOD OF NOTICE FOR HEARING. The district
387	387	may mail the notice required by Section 375.115(c), Local
388	388	Government Code, by certified or first class United States mail.
389	389	The board shall determine the method of notice.
390	390	Sec. 38___.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
391	391	The board by resolution may impose and collect an assessment for any
392	392	purpose authorized by this chapter in all or any part of the
393	393	district.
394	394	(b) An assessment, a reassessment, or an assessment
395	395	resulting from an addition to or correction of the assessment roll
396	396	by the district, penalties and interest on an assessment or
397	397	reassessment, an expense of collection, and reasonable attorney's
398	398	fees incurred by the district:
399	399	(1) are a first and prior lien against the property
400	400	assessed;
401	401	(2) are superior to any other lien or claim other than
402	402	a lien or claim for county, school district, or municipal ad valorem
403	403	taxes; and
404	404	(3) are the personal liability of and a charge against
405	405	the owners of the property even if the owners are not named in the
406	406	assessment proceedings.
407	407	(c) The lien is effective from the date of the board's
408	408	resolution imposing the assessment until the date the assessment is
409	409	paid. The board may enforce the lien in the same manner that the
410	410	board may enforce an ad valorem tax lien against real property.
411	411	(d) The board may make a correction to or deletion from the
412	412	assessment roll that does not increase the amount of assessment of
413	413	any parcel of land without providing notice and holding a hearing in
414	414	the manner required for additional assessments.
415	415	Sec. 38___.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES
416	416	AND ASSESSMENTS. The district may not impose an impact fee or
417	417	assessment on the property, including the equipment,
418	418	rights-of-way, facilities, or improvements, of:
419	419	(1) an electric utility or a power generation company
420	420	as defined by Section 31.002, Utilities Code;
421	421	(2) a gas utility as defined by Section 101.003 or
422	422	121.001, Utilities Code;
423	423	(3) a telecommunications provider as defined by
424	424	Section 51.002, Utilities Code; or
425	425	(4) a person who provides to the public cable
426	426	television or advanced telecommunications services.
427	427	Sec. 38___.207. RESIDENTIAL PROPERTY. Section 375.161,
428	428	Local Government Code, does not apply to the district.
429	429	Sec. 38___.208. OPERATION AND MAINTENANCE TAX. (a) If
430	430	authorized at an election held in accordance with Section
431	431	38___.212, the district may impose an operation and maintenance tax
432	432	on taxable property in the district in accordance with Section
433	433	49.107, Water Code, for any district purpose, including to:
434	434	(1) maintain and operate the district;
435	435	(2) construct or acquire improvements; or
436	436	(3) provide a service.
437	437	(b) The board shall determine the tax rate. The rate may not
438	438	exceed the rate approved at the election.
439	439	Sec. 38___.209. CONTRACT TAXES. (a) In accordance with
440	440	Section 49.108, Water Code, the district may impose a tax other than
441	441	an operation and maintenance tax and use the revenue derived from
442	442	the tax to make payments under a contract after the provisions of
443	443	the contract have been approved by a majority of the district voters
444	444	voting at an election held for that purpose.
445	445	(b) A contract approved by the district voters may contain a
446	446	provision stating that the contract may be modified or amended by
447	447	the board without further voter approval.
448	448	Sec. 38___.210. AUTHORITY TO ISSUE BONDS. (a) The district
449	449	may issue by competitive bid bonds, notes, or other obligations
450	450	payable wholly or partly from taxes, assessments, impact fees,
451	451	revenue, grants, or other money of the district, or any combination
452	452	of those sources of money, to pay for any authorized district
453	453	purpose.
454	454	(b) The limitation on the outstanding principal amount of
455	455	bonds, notes, and other obligations set forth in Section 49.4645,
456	456	Water Code, does not apply to the district.
457	457	Sec. 38___.211. CITY APPROVAL OF DISTRICT BONDS. (a) No
458	458	later than 30 days before the first publication of notice of sale of
459	459	a district bond, the district shall provide to the city a copy of
460	460	the district's application to the Texas Commission on Environmental
461	461	Quality for approval of the bond sale, a copy of the staff
462	462	memorandum from the Texas Commission on Environmental Quality
463	463	approving the projects and the bonds, the proposed bond resolution,
464	464	the preliminary official statement for the bond sale, the bid form,
465	465	and the notice of sale, as applicable.
466	466	(b) The city may refuse to approve a bond sale only if the
467	467	city determines that issuance of the bonds would cause the district
468	468	to be substantially out of compliance with a material provision of a
469	469	written agreement with the city under Section 38___.010, Section
470	470	38___.105, or any other written agreement with the city pertaining
471	471	to the district's creation or operation.
472	472	(c) The city shall notify the district of its refusal to
473	473	approve a bond sale under Subsection (b) no later than the 15th day
474	474	after its receipt of the information provided under Subsection (a),
475	475	or the bond sale shall be deemed to be approved by the City.
476	476	(d) The district shall not issue or sell a bond that the city
477	477	has refused to approve under this section.
478	478	Sec. 38___.212. TAXES FOR BONDS. At the time the district
479	479	issues bonds payable wholly or partly from ad valorem taxes, the
480	480	board shall provide for the annual imposition of a continuing
481	481	direct annual ad valorem tax, without limit as to rate or amount,
482	482	for each year while all or part of the bonds are outstanding as
483	483	required and in the manner provided by Sections 54.601 and 54.602,
484	484	Water Code.
485	485	Sec. 38___.213. ELECTIONS REGARDING TAXES AND BONDS. (a)
486	486	The district may issue, without an election, bonds, notes, and
487	487	other obligations secured by:
488	488	(1) revenue other than ad valorem taxes; or
489	489	(2) contract payments described by Section 38___.209.
490	490	(b) The district shall hold an election in the manner
491	491	provided by Subchapter L, Chapter 375, Local Government Code, to
492	492	obtain voter approval before the district imposes an ad valorem tax
493	493	or sales and use tax or issues bonds payable from ad valorem taxes.
494	494	(c) Section 375.243, Local Government Code, does not apply
495	495	to the district.
496	496	(d) All or any part of any facilities or improvements which
497	497	may be acquired by a district by the issuance of its bonds may be
498	498	included in one single proposition to be voted on at the election or
499	499	the bonds may be submitted in several propositions.
500	500	Sec. 38___.214. CITY NOT REQUIRED TO PAY DISTRICT
501	501	OBLIGATIONS. Except as provided by Section 375.263, Local
502	502	Government Code, the city is not required to pay a bond, note, or
503	503	other obligation of the district.
504	504	Sec. 38___.215. COMPETITIVE BIDDING. Subchapter I, Chapter
505	505	49, Water Code, applies to the district. Subchapter K, Chapter 375,
506	506	Local Government Code, does not apply to the district if the
507	507	district complies with the requirements of Section 375.222, Local
508	508	Government Code, as it existed on January 1, 2009.
509	509	Sec. 38___.216. TAX AND ASSESSMENT ABATEMENTS. The
510	510	district may grant in the manner authorized by Chapter 312, Tax
511	511	Code, an abatement for a tax or assessment owed to the district.
512	512	Sec. 38___.217. TAX INCREMENT FINANCING POWERS. (a) The
513	513	district may designate all or any part of the district as a tax
514	514	increment reinvestment zone, and the district may use tax increment
515	515	financing under Chapter 311, Tax Code, in the manner provided by
516	516	that chapter for a municipality, except as modified by this
517	517	section.
518	518	(b) The district has all powers provided under Chapter 311,
519	519	Tax Code.
520	520	(c) The district and an overlapping taxing unit may enter
521	521	into an interlocal agreement for the payment of all or a portion of
522	522	the tax increment of the unit to the district.
523	523	(d) For the purpose of tax increment financing under this
524	524	section, the board functions as the board of directors of the
525	525	reinvestment zone. Section 311.009, Tax Code, does not apply to the
526	526	district.
527	527	[Sections 38___.218 - 38___.300 reserved for expansion]
528	528	SUBCHAPTER F. SALES AND USE TAX
529	529	Sec. 38___.301. MEANINGS OF WORDS AND PHRASES. Words and
530	530	phrases used in this subchapter that are defined by Chapters 151 and
531	531	321, Tax Code, have the meanings assigned by Chapters 151 and 321,
532	532	Tax Code.
533	533	Sec. 38___.302. APPLICABILITY OF CERTAIN TAX CODE
534	534	PROVISIONS. (a) Except as otherwise provided by this subchapter,
535	535	Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
536	536	apply to taxes imposed under this subchapter and to the
537	537	administration and enforcement of those taxes in the same manner
538	538	that those laws apply to state taxes.
539	539	(b) Chapter 321, Tax Code, relating to municipal sales and
540	540	use taxes, applies to the application, collection, charge, and
541	541	administration of a sales and use tax imposed under this subchapter
542	542	to the extent consistent with this chapter, as if references in
543	543	Chapter 321, Tax Code, to a municipality referred to the district
544	544	and references to a governing body referred to the board.
545	545	(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
546	546	321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
547	547	apply to a tax imposed under this subchapter.
548	548	Sec. 38___.303. AUTHORIZATION; ELECTION. (a) The district
549	549	may adopt a sales and use tax to serve the purposes of the district
550	550	after an election in which a majority of the voters of the district
551	551	voting in the election authorize the adoption of the tax.
552	552	(b) The board by order may call an election to authorize a
553	553	sales and use tax. The election may be held with any other district
554	554	election.
555	555	(c) The district shall provide notice of the election and
556	556	shall hold the election in the manner prescribed by Section
557	557	38___.212.
558	558	(d) The ballots shall be printed to provide for voting for
559	559	or against the proposition: "Authorization of a sales and use tax in
560	560	Austin Desired Development Zone Management District No. 1 at a rate
561	561	not to exceed [___] percent."
562	562	Sec. 38___.304. ABOLISHING SALES AND USE TAX. (a) Except
563	563	as provided in Subsection (b), the board may abolish the sales and
564	564	use tax without an election.
565	565	(b) The board may not abolish the sales and use tax if the
566	566	district has outstanding debt secured by the tax.
567	567	(c) Notwithstanding subsection (b), a sales and use tax
568	568	adopted under this subchapter is automatically abolished on the
569	569	effective date of full-purpose annexation by the city of the
570	570	district.
571	571	Sec. 38___.305. SALES AND USE TAX RATE. (a) On adoption of
572	572	the tax authorized by this subchapter, there is imposed a tax on the
573	573	receipts from the sale at retail of taxable items within the
574	574	district, and an excise tax on the use, storage, or other
575	575	consumption within the district of taxable items purchased, leased,
576	576	or rented from a retailer within the district during the period that
577	577	the tax is in effect.
578	578	(b) The board shall determine the rate of the tax, which may
579	579	be in one-eighth of one percent increments not to exceed the maximum
580	580	rate authorized by the district voters at the election. The board
581	581	may lower the tax rate to the extent it does not impair any
582	582	outstanding debt or obligations payable from the tax.
583	583	(c) The rate of the excise tax is the same as the rate of the
584	584	sales tax portion of the tax and is applied to the sales price of the
585	585	taxable item.
586	586	[Sections 38___.306 - 38___.350 reserved for expansion]
587	587	SUBCHAPTER G. HOTEL OCCUPANCY TAXES
588	588	Sec. 38___.351. HOTEL OCCUPANCY TAX. (a) In this section,
589	589	"hotel" has the meaning assigned by Section 156.001, Tax Code.
590	590	(b) For purposes of this section, a reference in Chapter
591	591	351, Tax Code, to a municipality is a reference to the district and
592	592	a reference in Chapter 351, Tax Code, to the municipality's
593	593	officers or governing body is a reference to the board.
594	594	(c) Except as inconsistent with this section, Subchapter A,
595	595	Chapter 351, Tax Code, governs a hotel occupancy tax authorized by
596	596	this section.
597	597	(d) The district may impose a hotel occupancy tax and may
598	598	use revenue from the tax for any district purpose that is also an
599	599	authorized use of hotel occupancy tax revenue under Chapter 351,
600	600	Tax Code.
601	601	(e) The board by order may impose, repeal, increase, or
602	602	decrease the rate of a tax on a person who, under a lease,
603	603	concession, permit, right of access, license, contract, or
604	604	agreement, pays for the use or possession or for the right to the
605	605	use or possession of a room that:
606	606	(1) is in a hotel located in the district's boundaries;
607	607	(2) costs $2 or more each day; and
608	608	(3) is ordinarily used for sleeping.
609	609	(f) The amount of the tax may not exceed seven percent of the
610	610	price paid for a room in a hotel.
611	611	(g) The district may examine and receive information
612	612	related to the imposition of hotel occupancy taxes to the same
613	613	extent as if the district were a municipality.
614	614	(h) A hotel occupancy tax imposed under this subchapter is
615	615	automatically abolished on the effective date of full-purpose
616	616	annexation by the city of the district.
617	617	[Sections 38___.352 - 38___.400 reserved for expansion]
618	618	SUBCHAPTER H. DISSOLUTION
619	619	Sec. 38___.401 DISSOLUTION. (a) The district may not be
620	620	dissolved under Subchapter M, Chapter 375, Local Government Code,
621	621	or any other law that authorizes dissolution of the district until
622	622	and unless all of the district's outstanding indebtedness and
623	623	contractual obligations payable from ad valorem taxes, sales and
624	624	use taxes, assessments, or other revenue sources are paid in full or
625	625	payment is fully provided for.
626	626	(b) If the conditions of subsection (a) are satisfied, the
627	627	district may be dissolved by the affirmative vote of at least five
628	628	of the directors of the board. If the conditions of subsection (a)
629	629	are satisfied after the district has been annexed into the city for
630	630	full purposes, the city may dissolve the district by the majority
631	631	vote of its governing body.
632	632	(c) Dissolution of the district shall be in accordance with
633	633	the terms and conditions of this section and of the agreement
634	634	between the landowner and the city under Section 38___.010.
635	635	(d) Sections 43.075 and 43.0715, Local Government Code, do
636	636	not apply to the district.
637	637	SECTION 2. Austin Desired Development Zone District No. 1
638	638	includes all territory contained in the following area:
639	639	A DESCRIPTION OF 326.322 ACRES IN THE SANTIAGO DEL VALLE
640	640	GRANT, THE GUILLERMO NUNEZ SURVEY NO. 502, AND THE BARBARA LOPEZ Y
641	641	MIRELEZ SURVEY NO. 503, IN TRAVIS COUNTY, TEXAS, BEING ALL OF A
642	642	25.304 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA
643	643	ACQUISITION INC., DATED JULY 23, 2008 AND RECORDED IN DOCUMENT NO.
644	644	2008124712 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
645	645	A PORTION OF A 138.540 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY
646	646	DEED TO JONA ACQUISITION INC., DATED MARCH 2, 2007 AND RECORDED IN
647	647	DOCUMENT NO. 2007038642 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
648	648	COUNTY, TEXAS, A PORTION OF A 20.807 ACRE TRACT DESCRIBED AS EXHIBIT
649	649	A-2 IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED
650	650	JANUARY 3, 2007 AND RECORDED IN DOCUMENT NO. 2007003159 OF THE
651	651	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
652	652	81.018 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA
653	653	ACQUISITION INC., DATED DECEMBER 12, 2006 AND RECORDED IN DOCUMENT
654	654	NO. 2006246454 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
655	655	TEXAS, A PORTION OF A 103.415 ACRE TRACT DESCRIBED IN A SPECIAL
656	656	WARRANTY DEED TO JONA ACQUISITION INC., DATED NOVEMBER 20, 2006 AND
657	657	RECORDED IN DOCUMENT NO. 2006224021 OF THE OFFICIAL PUBLIC RECORDS
658	658	OF TRAVIS COUNTY, TEXAS, ALL OF A 152.571 ACRE TRACT DESCRIBED IN A
659	659	SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED NOVEMBER 2,
660	660	2006 AND RECORDED IN DOCUMENT NO. 2006214522 OF THE OFFICIAL PUBLIC
661	661	RECORDS OF TRAVIS COUNTY, TEXAS, A ALL OF A 59.027 ACRE TRACT
662	662	DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC.,
663	663	DATED MARCH 2, 2007 AND RECORDED IN DOCUMENT NO. 2007038634 OF THE
664	664	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AND A PORTION OF
665	665	F.M. 1625, A FARM TO MARKET ROAD IN TRAVIS COUNTY, TEXAS HAVING A
666	666	RIGHT-OF-WAY WIDTH OF 80 FEET; SAID 326.322 ACRE TRACT BEING MORE
667	667	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
668	668	BEGINNING at a 1/2" rebar with "Chaparral Boundary" cap found
669	669	in the west right-of-way line of U.S. Highway 183 (right-of-way
670	670	width varies) for the northeast corner of said 25.304 acre tract,
671	671	same being the southeast corner of Lot 14, South 183 Park, a
672	672	subdivision of record in Volume 78, Page 253 of the Plat Records of
673	673	Travis County, Texas;
674	674	THENCE with the west right-of-way line of U.S. Highway 183,
675	675	same being the east line of said 25.304 acre tract, with a curve to
676	676	the left, having a radius of 5779.84 feet, a delta angle of 325'57",
677	677	an arc length of 346.27 feet, and a chord which bears South 0647'27"
678	678	West, a distance of 346.22 feet to a 1/2" rebar with "Chaparral
679	679	Boundary" cap found in the west right-of-way line of F.M. 1625 (80'
680	680	right-of-way) for an angle point in the east line of said 25.304
681	681	acre tract;
682	682	THENCE South 2705'32" West, with the west right-of-way line
683	683	of F.M. 1625, same being the east line of said 25.304 acre tract, a
684	684	distance of 312.55 feet to a 1/2" rebar with "Chaparral Boundary"
685	685	cap found for an angle point, same being the north corner of a 0.017
686	686	acre tract described in a right-of-way deed of record in Volume
687	687	1278, Page 455 of the Deed Records of Travis County, Texas;
688	688	THENCE South 3222'56" West, with the east line of said 25.304
689	689	acre tract, same being the west right-of-way line of F.M. 1625, also
690	690	being the west line of said 0.017 acre tract, a distance of 105.03
691	691	feet to a Mag nail with "Chaparral Boundary" washer found at the
692	692	southeast corner of said 25.304 acre tract, same being the
693	693	northeast corner of said 138.540 acre tract, also being the
694	694	southwest corner of said 0.017 acre tract;
695	695	THENCE with the west right-of-way line of F.M. 1625, same
696	696	being the southeast line of said 138.540 acre tract, the following
697	697	two (2) courses and distances:
698	698	1. South 3222'56" West, a distance of 3.43 feet to a
699	699	concrete highway monument found;
700	700	2. South 2705'32" West, a distance of 432.46 feet to a
701	701	calculated point for a south corner of said 138.540 acre tract, same
702	702	being the east corner of a 1.10 acre tract described in a deed of
703	703	record in Volume 12586, Page 40 of the Real Property Records of
704	704	Travis County, Texas, from which a 1/2" rebar found bears South
705	705	5247'09" East, a distance of 0.55 feet;
706	706	THENCE North 5247'09" West, with the south line of said
707	707	138.540 acre tract, same being the northeast line of said 1.10 acre
708	708	tract and the northeast line of a 1 acre tract described in a deed of
709	709	record in Volume 5869, Page 1058 of the Deed Records of Travis
710	710	County, Texas, a total distance of 427.83 feet to a 1/2" rebar with
711	711	"Chaparral Boundary" cap found at the northernmost corner of said 1
712	712	acre tract;
713	713	THENCE South 3000'39" West, continuing with the south line of
714	714	said 138.540 acre tract, same being the northwest line of said 1
715	715	acre tract, a distance of 250.26 feet to a 1/2" rebar found for the
716	716	westernmost corner of said 1 acre tract, same being an angle point
717	717	in the northeast line of said 20.807 acre tract;
718	718	THENCE South 5308'58" East, with the north line of said
719	719	20.807 acre tract, same being the south line of said 1 acre tract
720	720	and the south line of said 1.10 acre tract, a distance of 440.29
721	721	feet to a 1/2" rebar with "Chaparral Boundary" cap found in the west
722	722	right-of-way line of F.M. 1625, for the northeast corner of said
723	723	20.807 acre tract, same being the southeast corner of said 1.10 acre
724	724	tract;
725	725	THENCE with the west right-of-way line of F.M. 1625, same
726	726	being the east line of said 20.807 acre tract, the following three
727	727	(3) courses and distances:
728	728	1. South 2705'32" West, a distance of 28.03 feet to a 1/2"
729	729	rebar with "Chaparral Boundary" cap found;
730	730	2. South 2641'32" West, a distance of 410.29 feet to a
731	731	concrete highway monument found;
732	732	3. South 2711'23" West, a distance of 393.37 feet to a
733	733	calculated point in the north right-of-way line of Colton Bluff
734	734	Springs Road (apparent right-of-way width varies), for the
735	735	southeast corner of said 20.807 acre tract, from which a 1/2" rebar
736	736	found bears North 6115'38" West, a distance of 0.36 feet;
737	737	THENCE South 6248'37" East, departing the north right-of-way
738	738	line of Colton Bluff Springs Road, same being the west right-of-way
739	739	line of F.M. 1625, crossing F.M. 1625, at a distance of 80.00 feet
740	740	to a calculated point in the east right-of-way line of F.M. 1625,
741	741	same being the west line of said 59.027 acre tract;
742	742	THENCE North 2711'23" East, with the east right-of-way line
743	743	of F.M. 1625, same being the west line of said 59.027 acre tract, a
744	744	distance of 12.84 feet to a 1/2" rebar with "Chaparral Boundary" cap
745	745	found for the northwest corner of said 59.027 acre tract, same being
746	746	in the east right-of-way line of F.M. 1625, being also in the south
747	747	right-of-way line of McKenzie Road (60' right-of-way width);
748	748	THENCE with the north line of the 59.027 acre tract, same
749	749	being the south right-of-way line of McKenzie Road, the following
750	750	two (2) courses and distances:
751	751	1. South 6241'20" East, a distance of 908.70 feet to a 1"
752	752	iron pipe found;
753	753	2. South 3359'03" East, at a distance of 170.08 feet passing
754	754	a concrete highway monument found, and continuing for a total
755	755	distance of 171.70 feet to a 1/2" rebar with plastic "Chaparral
756	756	Boundary" cap found in the west right-of-way line of U.S. Highway
757	757	183, from which another concrete highway monument found bears South
758	758	5718'03" East, a distance of 126.01 feet;
759	759	THENCE South 410'14" East, with the west right-of-way line of
760	760	U.S. Highway 183, at a distance of 1888.95 feet passing a 1/2" rebar
761	761	with plastic "Chaparral Boundary" cap found, at the southeast
762	762	corner of said 59.027 acre tract, same being the northeast corner of
763	763	said 152.571 acre tract, and continuing with the east line of said
764	764	152.571 acre tract, same being the west right-of-way line of U.S.
765	765	Highway 183, for a total distance of 4697.45 feet to a 5/8" rebar
766	766	found at the southeast corner of said 152.571 acre tract, same being
767	767	the northeast corner of a 9.87 acre tract described in a deed of
768	768	record in Document No. 1999103744 of the Official Public Records of
769	769	Travis County, Texas, also being in the west right-of-way line of
770	770	U.S. Highway 183 (100' right-of-way width);
771	771	THENCE North 6243'22" West, with the south line of said
772	772	152.571 acre tract, same being the north lines of said 9.87 acre
773	773	tract, a 19.73 acre tract described in a deed of record in Volume
774	774	4054, Page 1326 of the Deed Records of Travis County, Texas, a 3.00
775	775	acre tract described in a deed of record in Volume 3978, Page 1205
776	776	of the Deed Records of Travis County, Texas, and a 1.00 acre tract
777	777	described in a deed of record in Volume 2100, Page 268 of the Deed
778	778	Records of Travis County, Texas, a distance of 3498.94 feet to a
779	779	1/2" rebar with plastic "Chaparral Boundary" cap found at the
780	780	southwest corner of said 152.571 acre tract, same being the
781	781	northwest corner of said 1.00 acre tract, also being in the
782	782	established east right-of-way line of F.M. 1625;
783	783	THENCE North 6243'22" West, departing the east right-of-way
784	784	line of F.M. 1625, crossing F.M. 1625, at a distance of 80.00 feet
785	785	to a calculated point in the west right-of-way line of F.M. 1625,
786	786	same being the east line of a 167.748 acre tract of land described
787	787	in Document No. 2006241307 of the Official Public Records of Travis
788	788	County, Texas;
789	789	THENCE North 2705'45" East, with the west right-of-way line
790	790	of F.M. 1625, same being the east line of said 167.748 acres tract,
791	791	the east line of a 0.1291 acre tract described in a deed of record
792	792	under Document No. 2001163489 of the Official Public Records of
793	793	Travis County, Texas, and the east line of said 103.415 acre tract,
794	794	a distance of 1721.97 feet to a calculated point;
795	795	THENCE crossing the said 167.748 acres tract, said 103.415
796	796	acre tract, said 81.018 acre tract, said 20.807 acre tract, said
797	797	138.540 acre tract, F.M. 1625, and Colton Bluff Springs Road the
798	798	following eleven (11) courses and distances:
799	799	1. North 6255'18" West, a distance of 582.76 feet to a
800	800	calculated point;
801	801	2. North 2704'42" East, a distance of 1111.80 feet to a
802	802	calculated point;
803	803	3. South 6255'18" East, a distance of 587.80 feet to a
804	804	calculated point;
805	805	4. North 2711'27" West, a distance of 173.86 feet to a
806	806	calculated point for a point of curvature to the left;
807	807	5. Following said curve to the left, having a radius of
808	808	1450.01 feet, a delta angle of 4832'03", an arc length of 1228.27
809	809	feet, and a chord which bears North 0255'25" East, a distance of
810	810	1191.88 feet to a calculated point;
811	811	6. North 2120'36" West, a distance of 811.55 feet to a
812	812	calculated point for a point of curvature to the right;
813	813	7. Following said curve to the left, having a radius of
814	814	500.00 feet, a delta angle of 4114'06", an arc length of 359.84
815	815	feet, and a chord which bears North 0043'33" West, a distance of
816	816	352.13 feet to a calculated point;
817	817	8. North 1953'30" East, a distance of 342.27 feet to a
818	818	calculated point for a point of curvature to the right;
819	819	9. Following said curve to the right, having a radius of
820	820	2003.01 feet, a delta angle of 2231'58", an arc length of 787.73
821	821	feet, and a chord which bears North 5850'31" West, a distance of
822	822	782.66 feet to a calculated point;
823	823	10. North 4734'32" West, a distance of 43.08 feet to a
824	824	calculated point;
825	825	11. North 2706'47" East, a distance of 3.11 feet to a 1/2"
826	826	iron pipe found for an angle point in the north line of said 138.540
827	827	acre tract, same being the southeast corner of a 380.080 acre tract
828	828	described in a deed of record in Volume 12791, Page 11 of the Real
829	829	Property Records of Travis County, Texas;
830	830	THENCE with the common line of said 138.540 acre tract and
831	831	said 380.080 acre tract, the following two (2) courses and
832	832	distances:
833	833	1. North 2706'47" East, a distance of 851.48 feet to a 3/4"
834	834	iron pipe found;
835	835	2. North 2908'56" East, a distance of 229.98 feet to a 1/2"
836	836	iron pipe found at the southwest corner of said 25.304 acre tract;
837	837	THENCE North 2645'01" East, with the west line of said 25.304
838	838	acre tract, same being the east line of said 380.080 acre tract, a
839	839	distance of 430.74 feet to a 1/2" rebar found at the northwest
840	840	corner of said 25.304 acre tract, same being the southwest corner of
841	841	Lot 8, South 183 Park, a subdivision of record in Volume 78, Page
842	842	253 of the Plat Records of Travis County, Texas;
843	843	THENCE South 4805'10" East, with the north line of said
844	844	25.304 acre tract, same being the south line of Lots 8 through 14
845	845	inclusive of said South 183 Park, at a distance of 2072.23 feet to
846	846	POINT OF BEGINNING, containing 326.322 acres of land, more or less.
847	847	SECTION 3. LEGISLATIVE FINDINGS. The legislature finds
848	848	that:
849	849	(1) The development or redevelopment in the area in
850	850	the proposed Austin Desired Development Zone District No. 1 would
851	851	not occur solely through private investment in the reasonably
852	852	foreseeable future;
853	853	(2) The area in the proposed Austin Desired
854	854	Development Zone District No. 1 is unproductive and underdeveloped;
855	855	and
856	856	(3) The conditions in the area of the proposed Austin
857	857	Desired Development Zone District No. 1 substantially arrest or
858	858	impair the sound growth of the area, are an economic or social
859	859	liability, and present a menace to the public health, safety,
860	860	morals, or welfare.
861	861	SECTION 4. (a) The legal notice of the intention to
862	862	introduce this Act, setting forth the general substance of this
863	863	Act, has been published as provided by law, and the notice and a
864	864	copy of this Act have been furnished to all persons, agencies,
865	865	officials, or entities to which they are required to be furnished
866	866	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
867	867	Government Code.
868	868	(b) The governor, one of the required recipients, has
869	869	submitted the notice and Act to the Texas Commission on
870	870	Environmental Quality.
871	871	(c) The Texas Commission on Environmental Quality has filed
872	872	its recommendations relating to this Act with the governor,
873	873	lieutenant governor, and speaker of the house of representatives
874	874	within the required time.
875	875	(d) The general law relating to consent by political
876	876	subdivisions to the creation of districts with conservation,
877	877	reclamation, and road powers and the inclusion of land in those
878	878	districts has been complied with.
879	879	(e) All requirements of the constitution and laws of this
880	880	state and the rules and procedures of the legislature with respect
881	881	to the notice, introduction, and passage of this Act have been
882	882	fulfilled and accomplished.
883	883	SECTION 5. EFFECTIVE DATE. This Act takes effect
884	884	immediately if it receives a vote of two-thirds of all the members
885	885	elected to each house, as provided by Section 39, Article III, Texas
886	886	Constitution. If this Act does not receive the vote necessary for
887	887	immediate effect, this Act takes effect September 1, 2009.