Texas 2009 - 81st Regular

Texas House Bill HB4825 Compare Versions

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1	1	H.B. No. 4825
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Driftwood Economic Development
6	6	Municipal Management District; providing authority to impose a tax.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle C, Title 4, Special District Local Laws
9	9	Code, is amended by adding Chapter 3858 to read as follows:
10	10	CHAPTER 3858. DRIFTWOOD ECONOMIC DEVELOPMENT MUNICIPAL
11	11	MANAGEMENT DISTRICT
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 3858.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the board of directors of the
15	15	district.
16	16	(2) "City council" means the governing body of the
17	17	City of Dripping Springs.
18	18	(3) "Commissioners court" means the Hays County
19	19	Commissioners Court.
20	20	(4) "Director" means a member of the board.
21	21	(5) "District" means the Driftwood Economic
22	22	Development Municipal Management District.
23	23	Sec. 3858.002. CREATION AND NATURE OF DISTRICT. The
24	24	district is a special district created under Section 59, Article
25	25	XVI, Texas Constitution.
26	26	Sec. 3858.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
27	27	creation of the district is essential to accomplish the purposes of
28	28	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
29	29	Texas Constitution, and other public purposes stated in this
30	30	chapter. By creating the district, the legislature has established
31	31	a program to accomplish the public purposes set out in Section 52-a,
32	32	Article III, Texas Constitution.
33	33	(b) The creation of the district is necessary to promote,
34	34	develop, encourage, and maintain employment, commerce,
35	35	transportation, housing, tourism, recreation, the arts,
36	36	entertainment, economic development, safety, and the public
37	37	welfare in the district.
38	38	(c) This chapter and the creation of the district may not be
39	39	interpreted to relieve Hays County from providing the level of
40	40	services provided as of the effective date of the Act creating this
41	41	chapter to the area in the district. The district is created to
42	42	supplement and not supplant county services provided in the
43	43	district.
44	44	Sec. 3858.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
45	45	The district is created to serve a public use and benefit.
46	46	(b) All land and other property included in the district
47	47	will benefit from the improvements and services to be provided by
48	48	the district under powers conferred by Sections 52 and 52-a,
49	49	Article III, and Section 59, Article XVI, Texas Constitution, and
50	50	other powers granted under this chapter.
51	51	(c) The creation of the district is in the public interest
52	52	and is essential to further the public purposes of:
53	53	(1) developing and diversifying the economy of the
54	54	state;
55	55	(2) eliminating unemployment and underemployment; and
56	56	(3) developing commerce in the state.
57	57	(d) The district will:
58	58	(1) promote the health, safety, and general welfare of
59	59	residents, employers, potential employees, employees, consumers,
60	60	and visitors in the district;
61	61	(2) provide needed funding for the district to
62	62	preserve, maintain, and enhance the economic health and viability
63	63	of the district as a community and business center; and
64	64	(3) promote the health, safety, welfare, and enjoyment
65	65	of the public by providing trails, landscaping, and other services
66	66	that are necessary for the restoration, preservation, and
67	67	enhancement of the scenic beauty and environment of the area.
68	68	Sec. 3858.005. DISTRICT TERRITORY. (a) The district is
69	69	composed of the territory described by Section 2 of the Act creating
70	70	this chapter, as the territory may have been modified under:
71	71	(1) Section 375.043 or 375.044, Local Government Code;
72	72	or
73	73	(2) other law.
74	74	(b) The boundaries and field notes of the district contained
75	75	in Section 2 of the Act creating this chapter form a closure. A
76	76	mistake in the field notes of the district contained in Section 2 of
77	77	the Act creating this chapter or in copying the field notes in the
78	78	legislative process does not in any way affect:
79	79	(1) the district's organization, existence, or
80	80	validity;
81	81	(2) the district's right to contract, including the
82	82	right to issue an obligation for a purpose for which the district is
83	83	created;
84	84	(3) the district's right to impose or collect an
85	85	assessment, tax, or other revenue; or
86	86	(4) the legality or operation of the board.
87	87	Sec. 3858.006. APPLICABILITY OF MUNICIPAL MANAGEMENT
88	88	DISTRICTS LAW. Except as otherwise provided by this chapter,
89	89	Chapter 375, Local Government Code, applies to the district.
90	90	[Sections 3858.007-3858.050 reserved for expansion]
91	91	SUBCHAPTER B. BOARD OF DIRECTORS
92	92	Sec. 3858.051. GOVERNING BODY; TERMS. The district is
93	93	governed by a board of five directors who serve staggered terms of
94	94	four years, with two or three directors' terms expiring June 1 of
95	95	each odd-numbered year.
96	96	Sec. 3858.052. APPOINTMENT OF DIRECTORS. The board
97	97	consists of the following directors:
98	98	(1) Position 1: a person appointed by the
99	99	commissioners court;
100	100	(2) Position 2: a person appointed by the
101	101	commissioners court;
102	102	(3) Position 3: a person appointed by the city
103	103	council;
104	104	(4) Position 4: a person appointed by the city
105	105	council; and
106	106	(5) Position 5: a person appointed by the
107	107	commissioners court, who must be the individual who owns more
108	108	property in the district than any other individual except that if
109	109	the commissioners court is unable to identify a person qualified
110	110	for Position 5 who is willing and able to serve, the commissioners
111	111	court shall appoint to the place a person who is:
112	112	(A) at least 18 years old; and
113	113	(B) a resident of this state.
114	114	Sec. 3858.053. VACANCY. A vacancy in the office of director
115	115	shall be filled for the unexpired term by appointment in the same
116	116	manner as the office was previously filled under Section 3858.052.
117	117	Sec. 3858.054. PETITION; ELECTION. (a) The owner or owners
118	118	of at least 40 percent of the assessed value of property in the
119	119	district may submit a petition to the commissioners court
120	120	requesting an election of the board.
121	121	(b) If the commissioners court receives a petition under
122	122	Subsection (a), the commissioners court shall order an election of
123	123	board members in the district.
124	124	(c) The board shall give notice of the election not later
125	125	than the 30th day before the date of the election.
126	126	(d) Of the directors elected to the board in an election
127	127	under this section, the terms of the directors appointed for
128	128	positions 1 through 3 expire on the third June 1 after the election,
129	129	and the terms of directors appointed for positions 4 and 5 expire on
130	130	June 1 following the election.
131	131	Sec. 3858.055. DIRECTOR'S BOND AND OATH. (a) Section
132	132	375.067, Local Government Code, does not apply to a director.
133	133	(b) Each director shall file the director's constitutional
134	134	oath of office with the district, and the district shall retain the
135	135	oath in the district's records.
136	136	Sec. 3858.056. INITIAL DIRECTORS. (a) The initial board
137	137	consists of the following directors:
138	138	Position Name of Director Position Name of Director
139	139	Position Name of Director
140	140	1 Silver Garza 1 Silver Garza
141	141	1 Silver Garza
142	142	2 Scott Roberts 2 Scott Roberts
143	143	2 Scott Roberts
144	144	3 Ginger Faught 3 Ginger Faught
145	145	3 Ginger Faught
146	146	4 Ken Manning 4 Ken Manning
147	147	4 Ken Manning
148	148	5 Michelle Fischer 5 Michelle Fischer
149	149	5 Michelle Fischer
150	150	(b) The terms of the initial directors appointed for
151	151	positions 1 through 3 expire June 1, 2013, and the terms of the
152	152	initial directors appointed for positions 4 and 5 expire June 1,
153	153	2011.
154	154	(c) Section 3858.052 does not apply to this section.
155	155	(d) This section expires June 1, 2014.
156	156	[Sections 3858.057-3858.100 reserved for expansion]
157	157	SUBCHAPTER C. POWERS AND DUTIES
158	158	Sec. 3858.101. GENERAL POWERS AND DUTIES. The district has
159	159	the powers and duties necessary to accomplish the purposes for
160	160	which the district was created.
161	161	Sec. 3858.102. IMPROVEMENT PROJECTS. (a) The district may
162	162	provide, or it may enter into contracts with a governmental or
163	163	private entity to provide, the following types of improvement
164	164	projects or activities in support of or incidental to those
165	165	projects:
166	166	(1) the planning, design, construction, improvement,
167	167	operation, and maintenance of:
168	168	(A) irrigation facilities and landscaping;
169	169	(B) highway right-of-way or transit corridor
170	170	beautification and improvement;
171	171	(C) lighting, banners, and signs;
172	172	(D) a street or sidewalk;
173	173	(E) a hiking or cycling path or trail;
174	174	(F) a park, lake, garden, recreational facility,
175	175	sports facility, open space, scenic area, or related exhibit or
176	176	preserve;
177	177	(G) a fountain, plaza, or pedestrian mall;
178	178	(H) a drainage or storm-water detention
179	179	improvement;
180	180	(I) a wastewater treatment and disposal
181	181	facility;
182	182	(J) a water quality protection facility;
183	183	(K) a facility to enhance groundwater recharge;
184	184	(L) an alternative energy facility; or
185	185	(M) solid waste management services, including
186	186	garbage collection, recycling, and composting;
187	187	(2) the planning, design, construction, acquisition,
188	188	lease, rental, improvement, maintenance, installation, and
189	189	management of and provision of furnishings for a facility for:
190	190	(A) a conference, convention, or exhibition;
191	191	(B) a manufacturer, consumer, or trade show;
192	192	(C) a civic, community, or institutional event;
193	193	or
194	194	(D) an exhibit, display, attraction, special
195	195	event, or seasonal or cultural celebration or holiday; or
196	196	(3) a special or supplemental service for the
197	197	improvement and promotion of the district or for the protection of
198	198	public health and safety in the district, including:
199	199	(A) advertising;
200	200	(B) promotion;
201	201	(C) tourism;
202	202	(D) health and sanitation;
203	203	(E) public safety;
204	204	(F) security;
205	205	(G) fire protection or emergency medical
206	206	services;
207	207	(H) business recruitment;
208	208	(I) development;
209	209	(J) elimination of traffic congestion;
210	210	(K) recreational, educational, or cultural
211	211	improvements, enhancements, and services; or
212	212	(L) any similar public improvement, facility, or
213	213	service.
214	214	(b) The district may not undertake a project under this
215	215	section unless the board determines the project to be necessary to
216	216	accomplish the public purpose of the district.
217	217	Sec. 3858.103. CONTRACTS; GIFTS; DONATIONS. The district
218	218	may:
219	219	(1) contract with any person to accomplish any
220	220	district purpose, including a contract for:
221	221	(A) the payment, repayment, or reimbursement of
222	222	costs incurred by that person on behalf of the district, including
223	223	all or part of the costs of an improvement project and interest on
224	224	the reimbursed costs;
225	225	(B) the use, occupancy, lease, rental,
226	226	operation, maintenance, or management of all or part of a proposed
227	227	or existing improvement project; or
228	228	(C) the provision of law enforcement services to
229	229	the district for a fee;
230	230	(2) apply for and contract with any person to receive,
231	231	administer, and perform a duty or obligation of the district under a
232	232	federal, state, local, or private gift, grant, loan, conveyance,
233	233	transfer, bequest, or other financial assistance arrangement
234	234	relating to investigation, planning, analysis, study, design,
235	235	acquisition, construction, improvement, completion,
236	236	implementation, or operation by the district or others of a
237	237	proposed or existing improvement project; and
238	238	(3) accept a grant or donation from any person.
239	239	Sec. 3858.104. RULES; ENFORCEMENT. (a) The district may
240	240	adopt and enforce rules:
241	241	(1) to administer or operate the district;
242	242	(2) for the use, enjoyment, availability, protection,
243	243	security, and maintenance of the district's property and
244	244	facilities; or
245	245	(3) to provide for public safety and security in the
246	246	district.
247	247	(b) The district may enforce its rules by injunctive relief.
248	248	Sec. 3858.105. COMPETITIVE BIDDING. Section 375.221, Local
249	249	Government Code, does not apply to the formation of a district
250	250	contract.
251	251	Sec. 3858.106. NO EMINENT DOMAIN POWER. The district may
252	252	not exercise the power of eminent domain.
253	253	[Sections 3858.107-3858.150 reserved for expansion]
254	254	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
255	255	Sec. 3858.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
256	256	board by resolution shall establish the number of directors'
257	257	signatures and the procedure required for a disbursement or
258	258	transfer of the district's money.
259	259	Sec. 3858.152. NO AUTHORITY TO ISSUE BONDS. The district
260	260	may not issue bonds.
261	261	Sec. 3858.153. AD VALOREM TAX; ELECTION. (a) The district
262	262	must hold an election in the manner provided by Subchapter L,
263	263	Chapter 375, Local Government Code, to obtain voter approval before
264	264	the district imposes an ad valorem tax.
265	265	(b) If authorized at an election under Subsection (a) and
266	266	subject to Subsection (c), the district may impose an annual ad
267	267	valorem tax on taxable property in the district to:
268	268	(1) maintain and operate the district;
269	269	(2) construct or acquire improvements; or
270	270	(3) provide a service.
271	271	(c) The board may impose a tax on residential property in
272	272	the district only if the revenue requirements of the district are
273	273	not satisfied by the other taxes imposed by the board.
274	274	(d) The board shall determine the tax rate. The tax rate may
275	275	not exceed 15 cents per $100 valuation.
276	276	Sec. 3858.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
277	277	The board by resolution may impose and collect an assessment for any
278	278	purpose authorized by this chapter.
279	279	(b) An assessment, a reassessment, or an assessment
280	280	resulting from an addition to or correction of the assessment roll
281	281	by the district, penalties and interest on an assessment or
282	282	reassessment, an expense of collection, and reasonable attorney's
283	283	fees incurred by the district:
284	284	(1) are a first and prior lien against the property
285	285	assessed;
286	286	(2) are superior to any other lien or claim other than
287	287	a lien or claim for county, school district, or municipal ad valorem
288	288	taxes; and
289	289	(3) are the personal liability of and a charge against
290	290	the owners of the property even if the owners are not named in the
291	291	assessment proceedings.
292	292	(c) The lien is effective from the date of the board's
293	293	resolution imposing the assessment until the date the assessment is
294	294	paid. The board may enforce the lien in the same manner that the
295	295	board may enforce an ad valorem tax lien against real property.
296	296	(d) The board may make a correction to or deletion from the
297	297	assessment roll that does not increase the amount of assessment of
298	298	any parcel of land without providing notice and holding a hearing in
299	299	the manner required for additional assessments.
300	300	Sec. 3858.155. SALES AND USE TAX; ELECTION. (a) Except as
301	301	otherwise provided by this section, Subtitles A and B, Title 2, Tax
302	302	Code, and Chapter 151, Tax Code, apply to a tax imposed under this
303	303	section and to the administration and enforcement of that tax in the
304	304	same manner that those laws apply to a state tax.
305	305	(b) Except as otherwise provided by this chapter, Chapter
306	306	321, Tax Code, applies to the imposition, computation,
307	307	administration, and governance of a sales and use tax imposed under
308	308	this section.
309	309	(c) The board may impose a tax on the receipts from the sale
310	310	at retail of taxable items within the district, and an excise tax on
311	311	the use, storage, or other consumption in the district of taxable
312	312	items purchased, leased, or rented from a retailer in the district
313	313	if authorized by a majority of the voters of the district voting at
314	314	an election called for that purpose and held in the manner provided
315	315	by Subchapter L, Chapter 375, Local Government Code.
316	316	(d) The tax may be imposed in one-eighth of one percent
317	317	increments not to exceed the rate authorized by the district
318	318	voters.
319	319	(e) A tax under this section is applied to the sales price of
320	320	a taxable item.
321	321	(f) The board may not adopt a sales and use tax if as a
322	322	result of the adoption of the tax the combined rate of all sales and
323	323	use taxes imposed by the board and other political subdivisions of
324	324	this state having territory in the district would exceed two
325	325	percent at any location in the district.
326	326	(g) If the voters of the district approve the adoption of
327	327	the tax at an election held on the same election date on which
328	328	another political subdivision adopts a sales and use tax or
329	329	approves an increase in the rate of its sales and use tax and as a
330	330	result the combined rate of all sales and use taxes imposed by the
331	331	district and other political subdivisions of this state having
332	332	territory in the district would exceed two percent at any location
333	333	in the district, the election to adopt a sales and use tax under
334	334	this chapter has no effect.
335	335	Sec. 3858.156. HOTEL OCCUPANCY TAX. The district may
336	336	impose a hotel occupancy tax in the manner that Chapter 351, Tax
337	337	Code, provides for a municipality. A tax imposed under this section
338	338	may not exceed seven percent of the price paid for lodging in the
339	339	district.
340	340	Sec. 3858.157. ACCOUNTING. (a) On the conclusion of each
341	341	fiscal year, the board shall obtain from an independent entity a
342	342	review of the district's financial activities for the preceding
343	343	fiscal year.
344	344	(b) Not later than September 1, the board annually shall
345	345	submit to the commissioners court a written report containing:
346	346	(1) the findings of a review under Subsection (a);
347	347	(2) if not included in the review, accounting records
348	348	of the preceding fiscal year; and
349	349	(3) a summary of the activities of the district during
350	350	the preceding fiscal year.
351	351	(c) Notwithstanding Subsection (b), the board shall submit
352	352	its initial annual report not later than September 1, 2010. This
353	353	subsection expires October 1, 2010.
354	354	SECTION 2. The Driftwood Economic Development Municipal
355	355	Management District initially contains all the territory contained
356	356	in the following described area:
357	357	FIELDNOTE DESCRIPTION of a tract or parcel of land containing
358	358	500.286 acres situated in the Fannie A. D. Darden, Abstract No. 664
359	359	and the Freelove Woody Survey No. 23, Abstract No. 20, Hays County,
360	360	Texas, being a portion of that tract conveyed to Masa Scott Roberts
361	361	by deed recorded in Volume 966, Page 156 of the Deed Records of Hays
362	362	County, Texas and further described as Tract 1 of 130 acres, Tract 2
363	363	of 100 acres and Tract 3 of 47 1/2 acres and Tract 4 of 200 acres,
364	364	being further described by the deed recorded in Volume 168, Page 156
365	365	of the said Deed Records and all of that 44.1134 acre tract conveyed
366	366	to Driftwood Equities, Ltd. By the deed recorded in Volume 1433,
367	367	Page 776 of the said Deed Records, said 44.1134 acre tract being a
368	368	portion of that 100 acre tract conveyed to Masa Scott Roberts by the
369	369	deed recorded in Volume 301, Page 865 of the said Deed Records; the
370	370	herein described 500.286 acre tract is more particularly described
371	371	by metes and bounds as follows:
372	372	BEGINNING at a 1/2" iron rod found in the east right-of-way
373	373	line of State Highway FM 150 (80' right-of-way), being the west line
374	374	of the above said 288 acre tract, for the northwest corner of a
375	375	12.00 acre tract conveyed to Horance Seiders and Violet Seiders by
376	376	deed recorded in Volume 354, Page 763 of the said Deed Records, said
377	377	1/2" iron rod found bears N0753'25"W, 329.46 feet from a TxDOT Type
378	378	I concrete right-of-way monument found 40.00 feet left of State
379	379	Highway FM 150 centerline station 281+96.9;
380	380	THENCE, N0753'25"W, with the east right-of-way line of State
381	381	Highway FM 150, a distance of 663.25 feet to a 1/2" iron rod found
382	382	for the southwest corner of that 12.46 acre tract conveyed to
383	383	Rudolph Kranse and Gregory Hargis by deed recorded in Volume 771,
384	384	Page 651 of the said Deed Records, said 1/2" iron rod found bears
385	385	S0753'25"E, 73.86 feet from a TxDOT Type I concrete right-of-way
386	386	monument found 40.00 feet left of State Highway centerline station
387	387	271+30.4;
388	388	THENCE, N8802'55"E, crossing into the 288 acre tract, with
389	389	the south line of the said 12.46 acre tract, 912.29 feet to a 1/2"
390	390	iron rod set for the southeast corner of the aforesaid 12.46 acre
391	391	tract;
392	392	THENCE, N0646'55"W, 600.43 feet to a 1/2" iron rod found for
393	393	the northeast corner of the said 12.46 acre tract;
394	394	THENCE, S8902'53"W, with the north deed line of the said
395	395	12.46 acre tract, 77.37 feet to the calculated point of
396	396	intersection of this north deed line, with the east deed line of
397	397	that 5.2506 acre tract conveyed to Kathleen Collins and Thomas
398	398	Wendt by deed recorded in Volume 1427, Page 454 of the said Deed
399	399	Records, said 5.2506 acre tract being a portion of that 10.283 acre
400	400	tract described in the deed to Warren Dunn, Jr. recorded in Volume
401	401	1376, Page 684 of the said Deed Records, the said calculated point
402	402	bears N0517'08"E, 2.95 feet from a 1/2" iron rod found for the
403	403	southeast corner of the aforesaid 10.283 acre tract;
404	404	THENCE, N0517'08"E, with the east line of the 10.283 acre
405	405	tract, at a distance of 131.06 feet (record distance) pass the
406	406	common east corner of the said 5.2506 acre tract and a 5.04 acre
407	407	tract described in a deed to Michael Dunn and recorded in Volume
408	408	1296, Page 414 of the said Deed Records, and continuing for a total
409	409	distance of 618.54 feet to a 5/8" iron rod found for the northeast
410	410	corner of the said 10.283 acre tract and the 5.04 acre tract, being
411	411	on the apparent common line between the above said 288 acre tract
412	412	and the 100 acre tract, same being the POINT OF REFERENCE for the
413	413	5.336 acre tract described below;
414	414	THENCE, S8624'25"W, with the above said common line between
415	415	the 288 acre tract and the 100 acre tract, being the north line of
416	416	the 5.04 acre tract and the 10.283 acre tract, 91.89 feet to a 1/2"
417	417	iron rod found for the southeast corner of a 14 acre tract conveyed
418	418	to Mrs. Elna Ludine Roberts by deed recorded in Volume 135, Page 38
419	419	of the said Deed Records and being the apparent southwest corner of
420	420	the 100 acre tract (Tract 2) described above;
421	421	THENCE, N0727'54"W, with the common line between the said 14
422	422	acre tract and the 100 acre tract, 1242.44 feet to a 1/2" iron rod
423	423	found for the common north corner of the aforesaid 14 acre tract and
424	424	the 100 acre tract, being in the south line of Lot 1-D, "Division of
425	425	Lot 1, the J. V. Ash, Jr. Subdivision", a subdivision recorded in
426	426	Volume 10, Page 217 of the Plat Records of Hays County, Texas;
427	427	THENCE, S8918'23"E, 174.13 feet to a 1/2" iron rod found for
428	428	the southeast corner of said Lot 1-D, being the southwest corner of
429	429	that 0.83 acre tract conveyed to Masa Scott Roberts by deed recorded
430	430	in Volume 333, Page 323 of the said Deed Records, and being in the
431	431	common line between the said 100 acre tract and the 130 acre tract
432	432	(Tract 1) described above;
433	433	THENCE, N0844'17"W, with the east line of Lot 1-D, being the
434	434	west line of the said 0.83 acre tract, 101.46 feet to a 1/2" iron rod
435	435	found for an angle point;
436	436	THENCE, N3327'31"E, with the west line of the said 0.83 acre
437	437	tract, at 148.39 feet pass a 1/2" iron rod found for the common east
438	438	corner of Lot 1-D, and Lot 1-B, of said "Division of Lot 1, The J. V.
439	439	Ash, Jr. Subdivision", for a total distance of 209.96 feet to a
440	440	fence corner post found for an angle point in said Lot 1-B, being
441	441	the most northerly corner of the aforesaid 0.83 acre tract;
442	442	THENCE, S6954'59"E, with the north line of the said 0.83 acre
443	443	tract, 18.34 feet to a cotton gin spindle found in rock, for the
444	444	southeast corner of said Lot 1-B, being the southwest corner of Lot
445	445	2, Block 'B', "Creek of Driftwood Subdivision", a subdivision
446	446	recorded in Volume 8, Page 246 of the said Plat Records;
447	447	THENCE, along the centerline of Onion Creek, with the
448	448	northeast and easterly line of the above said 130 acre tract, for
449	449	the following twenty-six (26) courses:
450	450	1) S8026'41"E, 216.51 feet to a calculated angle point in
451	451	the south line of Lot 2, Block 'B', from which a 100d nail set for
452	452	reference bears S8522'12"W, 52.47 feet;
453	453	2) N8933'24"E, 514.79 feet to the calculated southeast
454	454	corner of said Lot 2, Block 'B';
455	455	3) S5423'50"E, 13.02 feet to a calculated angle point on the
456	456	south line of that 9.533 acre tract conveyed to Tom Hewett by deed
457	457	recorded in Volume 363, Page 256 of the said Deed Records;
458	458	4) N8954'14"E, 70.80 feet to a calculated angle point in the
459	459	said south line of the 9.533 acre tract, from which a cotton gin
460	460	spindle set for reference bears N6902'42"E, 138.90 feet;
461	461	5) N5958'53"E, 562.38 feet to the calculated southeast
462	462	corner of the 9.583 acre tract, being the southwest corner of Lot
463	463	34, "Driftwood Falls Estates", a subdivision recorded in Volume 4,
464	464	Page 111 of the said Plat Records;
465	465	6) N5952'14"E, 343.26 feet to a calculated point for the
466	466	southeast corner of said Lot 34, "Driftwood Falls Estates", from
467	467	which a 1/2" iron rod found with cap, for the northeast corner of
468	468	aforesaid Lot 34, bears N4256'02"W, 386.89 feet and a 100d nail set
469	469	for reference bears N2035'12"E, 70.23 feet;
470	470	7) N2245'14"E, at 257.83 feet pass a calculated point for
471	471	the northeast corner of Lot 35, Driftwood Falls Estates, from said
472	472	calculated point a 1/2" iron rod found for the most northerly corner
473	473	of said Lot 35, bears N7519'16"W, 355.71 feet, and continuing for a
474	474	total distance of 752.70 feet to the calculated southeast corner of
475	475	Lot 39, "Driftwood Falls Estates", from which a 100d nail set for
476	476	reference bears N4329'40"W, 26.48 feet;
477	477	8) N0406'47"W, at 110.23 feet pass the calculated northeast
478	478	corner of said Lot 39, bearing N8220'00"E, 652.52 feet from a 1/2"
479	479	iron rod found for the northwest corner of aforesaid Lot 39, and
480	480	continuing for a total distance of 606.60 feet to a calculated angle
481	481	point;
482	482	9) N1319'47"W, at 68.75 feet pass a 1/2" iron rod found 0.31
483	483	feet to the east, at a distance of 179.17 feet pass a 1/2" iron rod
484	484	found 0.06 feet to the east for the northeast corner of Lot 45,
485	485	"Driftwood Falls Estates", from which a 1/2" iron rod found for the
486	486	northwest corner of said Lot 45, bears N8223'39"E, 666.13 feet, and
487	487	continuing for a total distance of 568.40 feet to a calculated angle
488	488	point, from which a 100d nail set for reference bears N7541'33"W,
489	489	16.29 feet;
490	490	10) N0318'47"W, at a distance of 54.87 feet pass the
491	491	calculated northeast corner of Lot 49, "Driftwood Falls Estates",
492	492	from which a 1/2" iron rod found for the northwest corner of said
493	493	Lot 49, bears S8213'14"W, 632.97 feet, continuing for a total
494	494	distance of 281.50 feet to the calculated southeast corner of Lot
495	495	53, "Driftwood Falls Estates", from which a 100d nail set for
496	496	reference bears N3616'47"W, 63.79 feet;
497	497	11) N5137'43"E, 172.19 feet to the calculated southeast
498	498	corner of Lot 1, being the southwest corner of Lot 2, "Pier Branch",
499	499	a subdivision recorded in Volume 4, Page 105 of the said Plat
500	500	Records, from which a cotton gin spindle set for reference bears
501	501	N5635'12"E, 95.36 feet;
502	502	12) N7522'14"E, 537.60 feet to the calculated southeast
503	503	corner of Lot 5, being the southwest corner of Lot 6, "Pier Branch",
504	504	from which a cotton gin spindle set for reference bears S7204'16"W,
505	505	122.85 feet;
506	506	13) S8914'47"E, at 384.70 feet pass the calculated
507	507	southeast corner of said Lot 6, "Pier Branch" and continuing for a
508	508	total distance of 405.32 feet to a calculated point on the southwest
509	509	line of Lot 4, "Onion Creek Ranch", a subdivision recorded in Volume
510	510	8, Page 65 of the said Plat Records;
511	511	14) S6618'14"E, 117.62 feet to a calculated angle point in
512	512	the southwest line of said Lot 4, "Onion Creek Ranch";
513	513	15) S4624'35"E, at 58.92 feet pass the calculated southeast
514	514	corner of said Lot 4, being the most westerly corner of Lot 5,
515	515	"Onion Creek Ranch", for a total distance of 218.49 feet to a
516	516	calculated angle point, from which a cotton gin spindle set for
517	517	reference bears N0341'39"W, 28.36 feet;
518	518	16) S0139'52"E, 171.50 feet to the calculated south corner
519	519	of said Lot 5, being the northwest corner of Lot 6, "Onion Creek
520	520	Ranch";
521	521	17) S0644'04"E, 158.73 feet to a calculated angle point on
522	522	the west line of said Lot 6, "Onion Creek Ranch", from which a
523	523	cotton gin spindle set for reference bears S4629'20"E, 25.10 feet;
524	524	18) S3451'10"E, 115.94 feet to the calculated south corner
525	525	of said Lot 6, being the west corner of Lot 7, "Onion Creek Ranch",
526	526	from said calculated corner, a 1/2" iron rod found for the common
527	527	front corner of Lot 6 and said Lot 7, bears N5435'38"E, 881.31 feet;
528	528	19) S3458'00"E, 249.36 feet to the calculated south corner
529	529	of said Lot 7, being the west corner of Lot 8, "Onion Creek Ranch",
530	530	from which a cotton gin spindle set for reference bears S3145'11"E,
531	531	39.10 feet;
532	532	20) S3459'43"E, 265.58 feet to the calculated south corner
533	533	of said Lot 8, being the west corner of Lot 9, "Onion Creek Ranch",
534	534	from which a cotton gin spindle set for reference bears N1534'10"W,
535	535	44.83 feet;
536	536	21) S3803'26"E, 166.09 feet to the calculated south corner
537	537	of said Lot 9, being the west corner of Lot 10, "Onion Creek Ranch",
538	538	from which a 1/2" iron rod found for the common east corner of said
539	539	Lot 9 and Lot 10, bears N6558'15"E, 895.71 feet and a cotton gin
540	540	spindle set for reference bears S1714'52"E, 88.24 feet;
541	541	22) S0443'33"E, 96.82 feet to the calculated southwest
542	542	corner of said Lot 10, being the northwest corner of Lot 11, "Onion
543	543	Creek Ranch", from which a 1/2" iron rod found for the common east
544	544	corner of said Lot 10 and Lot 11, bears N8835'17"E, 882.00 feet and
545	545	a cotton gin spindle set for reference bears S5606'07"W, 21.91
546	546	feet;
547	547	23) S0449'35"E, 294.73 feet to an angle point, from which a
548	548	cotton gin spindle set for reference bears S4552'36"W, 2.36 feet;
549	549	24) S0856'55"W, 526.01 feet to a calculated angle point on
550	550	the west line of Lot 13, "Onion Creek Ranch", from which a 100d nail
551	551	set for reference bears S0550'22"E, 124.61 feet;
552	552	25) S1113'40"E, at 599.04 feet pass the calculated
553	553	southwest corner of Lot 15, "Onion Creek Ranch", from which a 1/2"
554	554	iron rod found for the common east corner of said Lot 15 and Lot 16,
555	555	"Onion Creek Ranch", bears N8834'04"E, 826.89 feet, and continuing
556	556	for a total distance of 636.74 feet to a calculated angle point,
557	557	from which a 100d nail set for reference bears S5905'05"W, 41.41
558	558	feet;
559	559	26) S1648'00"W, 222.06 feet to the calculated southwest
560	560	corner of said Lot 16, "Onion Creek Ranch";
561	561	THENCE, S6357'25"W, 6.10 feet to a calculated point in the
562	562	center of Onion Creek for the northwest corner of that 331.26 acre
563	563	tract conveyed to R. L. Struhall by deed recorded in Volume 226,
564	564	Page 633 of the said Deed Records;
565	565	THENCE, along the west line of the said 331.26 acre tract,
566	566	being the east line of the 100 acre tract (Tract 2) and the 288 acre
567	567	tract described above, with the centerline of Onion Creek, for the
568	568	following thirteen (13) courses:
569	569	1) S2638'17"W, 342.88 feet to a calculated point, from
570	570	which a cotton gin spindle set for reference bears N3846'17"E,
571	571	75.98 feet;
572	572	2) S2839'17"W, 315.55 feet to a calculated point, from
573	573	which a cotton gin spindle set for reference bears N6151'06"E,
574	574	24.65 feet;
575	575	3) S2231'17"W, 359.14 feet to a calculated point;
576	576	4) S1618'43"E, 467.30 feet to a calculated point;
577	577	5) S1710'43"E, 266.81 feet to a calculated point;
578	578	6) S2512'43"E, 91.93 feet to a calculated point;
579	579	7) S3424'43"E, 293.21 feet to a calculated point;
580	580	8) S3658'43"E, 312.92 feet to a calculated point;
581	581	9) S4111'43"E, 251.02 feet to a calculated point;
582	582	10) S5215'43"E, 120.82 feet to a calculated point;
583	583	11) S6334'43"E, 223.03 feet to a calculated point;
584	584	12) S1053'43"E, 179.29 feet to a calculated point;
585	585	13) S4043'43"E, 275.34 feet to the calculated southwest
586	586	corner of the said 331.26 acre tract, being on or near the north
587	587	line of the aforesaid 100 acre tract;
588	588	THENCE, N8925'17"E, with the south line of the 331.26 acre
589	589	tract and north line of the said 100 acre tract, at a distance of
590	590	474.40 feet pass a 1/2" iron rod found 0.70 feet to the north for an
591	591	angle point on the north line of the aforesaid 44.1134 acre tract,
592	592	at a distance of 2255.00 feet pass a 5/8" iron pipe found for the
593	593	southeast corner of the said 331.26 acre tract, for a total distance
594	594	of 2255.80 feet to the calculated point of intersection of this
595	595	south line with the west right-of-way line of State Highway FM 1826
596	596	(80.00' right-of-way), from which a TxDOT Type I concrete monument
597	597	found 40.00 feet right of State Highway centerline station
598	598	573+08.2, bears N2531'18"E, 282.85 feet, said calculated point
599	599	being the northeast corner of the 44.1134 acre tract described
600	600	above;
601	601	THENCE, with the common north right-of-way line of State
602	602	Highway FM 1826 and south line of the said 44.1134 acre tract and
603	603	the 288 acre tract, for the following fourteen (14) courses:
604	604	1) S2531'18"W, 505.14 feet to a TxDOT Type I concrete
605	605	monument found 40.00 feet right of State Highway centerline station
606	606	580+96.2, for the point of curvature of a non-tangent curve to the
607	607	right;
608	608	2) With the said curve to the right, having a central angle
609	609	of 6757'41", a radius of 1105.92 feet, a long chord of 1236.23 feet
610	610	(chord bears S5933'48"W), for an arc distance of 1311.78 feet to a
611	611	TxDOT Type I concrete monument found 40.00 feet right of State
612	612	Highway centerline station 594+56.2;
613	613	3) N8627'23"W, 643.70 feet to a calculated angle point
614	614	40.00 feet right of State Highway centerline station 601+00, from
615	615	which a TxDOT Type I concrete monument found bears S3720'38"W, 0.41
616	616	feet;
617	617	4) N7508'47"W, 101.98 feet to a calculated angle point
618	618	60.00 feet right of State Highway centerline station 602+00.0, from
619	619	which a TxDOT Type I concrete monument found, bears S5936'59"W,
620	620	0.62 feet;
621	621	5) N8628'15"W, at a distance of 188.71 feet pass the
622	622	calculated southeast corner of the above said 44.1134 acre tract,
623	623	for a total distance of 399.82 feet to a TxDOT Type I concrete
624	624	monument found 60.00 feet right of State Highway centerline station
625	625	606+00.0;
626	626	6) S8214'29"W, 101.93 feet to a TxDOT Type I concrete
627	627	monument found 40.00 feet right of State Highway centerline station
628	628	607+00.0;
629	629	7) N8624'35"W, 95.03 feet to a TxDOT Type I concrete
630	630	monument found 40.00 feet right of State Highway centerline station
631	631	607+94.8, for the point of curvature of a non-tangent curve to the
632	632	right;
633	633	8) With the said curve to the right, having a central angle
634	634	of 2245'43", a radius of 1392.39 feet, a long chord of 549.53 feet
635	635	(chord bears N7504'48"W), for an arc distance of 553.16 feet to a
636	636	TxDOT Type I concrete monument found 40.00 feet right of State
637	637	Highway centerline station 613+64.0;
638	638	9) N6338'40"W, 229.74 feet to a calculated point 40.00 feet
639	639	right of State Highway centerline station 615+94.5, from which a
640	640	TxDOT Type I concrete monument found bears N1918'05"W, 0.71 feet
641	641	and a TxDOT Type I concrete monument found, 40.00 feet left of
642	642	centerline station 615+94.5, bears S2648'33"E, 79.92 feet, said
643	643	calculated point being the point of curvature of a non-tangent
644	644	curve to the left;
645	645	10) With the said curve to the left, having a central angle
646	646	of 4934'00", a radius of 1185.92 feet, a long chord of 994.25 feet
647	647	(chord bears N8825'32"W), for an arc distance of 1025.94 feet to a
648	648	TxDOT Type I concrete monument found, 40.00 feet right of State
649	649	Highway centerline station 625+85.8, from which a TxDOT Type I
650	650	concrete monument found, being 40.00 feet left of State Highway
651	651	centerline station 625+85.8, bears S2304'30"E, 79.56 feet;
652	652	11) S6647'28"W, 428.70 feet to a calculated point 40.00
653	653	feet right of State Highway centerline station 630+14.5, from which
654	654	a TxDOT Type I concrete monument found bears N5725'35"W, 0.42 feet
655	655	and a found TxDOT Type I concrete monument found 40.00 feet left of
656	656	State Highway centerline station 630+14.5, bears S2305'58"E, 80.09
657	657	feet, said calculated point being the point of curvature of a
658	658	non-tangent curve to the right;
659	659	12) With the said curve to the right, having a central angle
660	660	of 2424'00", a radius of 1105.92 feet, a long chord of 467.42 feet
661	661	(chord bears S7859'28"W), for an arc distance of 470.97 feet to a
662	662	TxDOT Type I concrete monument found 40.00 feet right of State
663	663	Highway centerline station 635+02.5;
664	664	13) N8848'32"W, 1094.41 feet to a TxDOT Type I concrete
665	665	monument found 40.00 feet right of State Highway centerline station
666	666	645+97.4, being the point of curvature of a curve to the right;
667	667	14) With the said curve to the right, having a central angle
668	668	of 0053'27", a radius of 5689.58 feet, a long chord of 88.47 feet
669	669	(chord bears N8822'12"W), for an arc distance of 88.47 feet to a
670	670	calculated point for corner, from which a 1/2" iron rod found for
671	671	the southeast corner of a 0.50 acre tract conveyed to Horance
672	672	Seiders by deed recorded in Volume 501, Page 767 of the said Deed
673	673	Records, bears S1019'07"E, 0.07 feet;
674	674	THENCE, N1019'07"W, with the east line of the said 0.50 acre
675	675	tract, at a distance of 513.40 feet pass a 1/2" iron rod found, for a
676	676	total distance of 662.29 feet to a 1/2" iron rod found for the most
677	677	northerly corner of the aforesaid 0.50 acre tract, being the
678	678	northeast corner of afore said 12.00 acre tract;
679	679	THENCE, S8820'55"W, with the north line of the 12.00 acre
680	680	tract, 867.39 feet to the POINT OF BEGINNING, CONTAINING within
681	681	these metes and bounds 500.286 acres of land area, SAVE and EXCEPT
682	682	the following 5.336 acres, being all of that 5.2 acre tract conveyed
683	683	to Christella Alberado by deed recorded in Volume 302, Page 484 of
684	684	the said Deed Records and is more particularly described by metes
685	685	and bounds as follows:
686	686	COMMENING at the 5/8" iron rod found for the northeast corner
687	687	of the 10.283 acre tract described above as the POINT OF REFERENCE:
688	688	THENCE, N8613'55"E, with the south line of the above said 100
689	689	acre tract, for a distance of 49.97 feet to a 1/2" iron rod found for
690	690	the northwest corner of the said 5.2 acre tract and the POINT OF
691	691	BEGINNING of the herein described tract;
692	692	THENCE, N8622'32"E, with the north line of the said 5.2 acre
693	693	tract, 314.54 feet to a 1/2" iron rod found for an angle point;
694	694	THENCE, N8739'46"E, 436.49 feet to a 1/2" iron rod found for
695	695	the northeast corner of the said 5.2 acre tract;
696	696	THENCE, S0536'14"W, 310.15 feet to a 60d nail found in a
697	697	fence corner post for the southeast corner of the said 5.2 acre
698	698	tract;
699	699	THENCE, S8653'23"W, 377.12 feet to a 1/2" iron rod found for
700	700	an angle point;
701	701	THENCE, S8709'18"W, 372.19 feet to a 1/2" iron rod found for
702	702	the southwest corner of the said 5.2 acre tract;
703	703	THENCE, N0515'47"E, 311.23 feet to the POINT OF BEGINNING of
704	704	the herein described tract, CONTAINING within these metes and
705	705	bounds 5.336 acres of land area, SAVED AND EXCEPTED from the 500.286
706	706	acre tract described above, for a total NET AREA of 494.950 acres of
707	707	land area.
708	708	Except as noted, "1/2 inch iron rod set" denotes a 1/2 inch iron
709	709	rod, with a plastic cap marked "Capital Surveying Company, Inc.",
710	710	set for corner.
711	711	The bearings shown in this survey are grid bearings based on the
712	712	Texas State Plane Coordinate System, NAD 83 (HARN) Datum, South
713	713	Central Zone, derived by Global Positioning Systems surveys
714	714	FIELDNOTE DESCRIPTION of a tract or parcel of land containing
715	715	44.1722 acres situated in the Freelove Woody Survey No. 23,
716	716	Abstract No. 20, Hays County, Texas, being all of that portion of
717	717	the 100 acre tract lying east of State Highway FM 1826, conveyed to
718	718	Masa Scott Roberts by the deed recorded in Volume 301, Page 865 of
719	719	the Deed Records of Hays County, Texas; the herein described
720	720	44.1722 acre tract is more particularly described by metes and
721	721	bounds as follows:
722	722	BEGINNING at a 1/2" iron rod found, with plastic cap marked
723	723	"Capital Surveying Company, Inc.", at the intersection of the north
724	724	line of the said 100 acre tract with the east right-of-way line of
725	725	State Highway FM 1826 (80' right-of-way), being the most westerly
726	726	corner of that 1060.214 acre tract, described as Tract 2, conveyed
727	727	to LSM Ranch, Ltd. by the deed recorded in Volume 1628, Page 206 of
728	728	the said Deed Records and bears S2531'20"W, 242.50 feet from a
729	729	TxDOT Type I concrete monument found 40.00 feet left of State
730	730	Highway centerline station 573+08.2;
731	731	THENCE, N8831'49"E, with the south line of the 1060.214 acre
732	732	tract, 1594.81 feet to a 1/2" iron rod found for an interior corner
733	733	of the said 1060.214 acre tract and the northeast corner of the said
734	734	100 acre tract;
735	735	THENCE, S0059'15"E, at a distance of 523.55 feet pass a 1/2"
736	736	iron rod, with plastic cap marked "4542", for a southwest corner of
737	737	the aforesaid 1060.214 acre tract and an interior northwest corner
738	738	of that 700.03 acre tract conveyed to John Richard Rutherford by the
739	739	deed recorded in Volume 1214, Page 548 of the said Deed Records, and
740	740	continuing for a total distance of 1039.05 feet to a 60d nail found
741	741	in a fence corner post for an interior corner of the said 700.03
742	742	acre tract and the southeast corner of the aforesaid 100 acre tract;
743	743	THENCE, S8843'28"W, with the common line between the 700.03
744	744	acre tract and the 100 acre tract, at a distance of 2005.26 feet
745	745	pass a 1/2" iron rod found for the most westerly corner of the said
746	746	700.03 acre tract, for a total distance of 2005.48 feet to the
747	747	calculated intersection of this common line with the northeast
748	748	right-of-way line of State Highway FM 967 (80' right-of-way);
749	749	THENCE, N4110'54"W, with the northeast right-of-way line of
750	750	State Highway FM 967, 85.90 feet to a TxDOT Type I concrete monument
751	751	found at an angle point;
752	752	THENCE, N0143'24"W, continuing with the northeast
753	753	right-of-way line of State Highway FM 967, for a distance of 110.39
754	754	feet to a TxDOT Type I concrete monument found for an angle point at
755	755	the existing right-of-way intersection with State Highway FM 1826;
756	756	THENCE, N3005'26"E, leaving the northeast right-of-way line
757	757	of State Highway FM 967, with the occupied east right-of-way line of
758	758	State Highway FM 1826, for a distance of 435.14 feet to a TxDOT Type
759	759	I concrete monument found 40.00 feet left of State Highway
760	760	centerline station 580+96.2;
761	761	THENCE, N2531'22"E, continuing across the 100 acre tract,
762	762	with the east right-of-way line of State Highway FM 1826, for a
763	763	distance of 544.25 feet to the POINT OF BEGINNING, CONTAINING
764	764	within these metes and bounds 44.1722 acres of land area;
765	765	The bearings shown in this survey are grid bearings based on the
766	766	Texas State Plane Coordinate System, NAD 83 (HARN) Datum, South
767	767	Central Zone, derived by Global Positioning Systems surveys
768	768	SECTION 3. (a) The legal notice of the intention to
769	769	introduce this Act, setting forth the general substance of this
770	770	Act, has been published as provided by law, and the notice and a
771	771	copy of this Act have been furnished to all persons, agencies,
772	772	officials, or entities to which they are required to be furnished
773	773	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
774	774	Government Code.
775	775	(b) The governor, one of the required recipients, has
776	776	submitted the notice and Act to the Texas Commission on
777	777	Environmental Quality.
778	778	(c) The Texas Commission on Environmental Quality has filed
779	779	its recommendations relating to this Act with the governor, the
780	780	lieutenant governor, and the speaker of the house of
781	781	representatives within the required time.
782	782	(d) All requirements of the constitution and laws of this
783	783	state and the rules and procedures of the legislature with respect
784	784	to the notice, introduction, and passage of this Act are fulfilled
785	785	and accomplished.
786	786	SECTION 4. This Act takes effect immediately if it receives
787	787	a vote of two-thirds of all the members elected to each house, as
788	788	provided by Section 39, Article III, Texas Constitution. If this
789	789	Act does not receive the vote necessary for immediate effect, this
790	790	Act takes effect September 1, 2009.
791	791	______________________________ ______________________________
792	792	President of the Senate Speaker of the House
793	793	I certify that H.B. No. 4825 was passed by the House on May
794	794	12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
795	795	voting; and that the House concurred in Senate amendments to H.B.
796	796	No. 4825 on May 29, 2009, by the following vote: Yeas 145, Nays 0,
797	797	1 present, not voting.
798	798	______________________________
799	799	Chief Clerk of the House
800	800	I certify that H.B. No. 4825 was passed by the Senate, with
801	801	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
802	802	0.
803	803	______________________________
804	804	Secretary of the Senate
805	805	APPROVED: __________________
806	806	Date
807	807	__________________
808	808	Governor
809	809
810	810	Position Name of Director
811	811
812	812	1 Silver Garza
813	813
814	814	2 Scott Roberts
815	815
816	816	3 Ginger Faught
817	817
818	818	4 Ken Manning
819	819
820	820	5 Michelle Fischer