Texas 2009 - 81st Regular

Texas Senate Bill SB2526 Compare Versions

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11 S.B. No. 2526
22
33
44 AN ACT
55 relating to the creation of the Travis County Improvement District
66 No. 1; providing authority to impose an assessment, impose a tax,
77 and issue bonds.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1010 Code, is amended by adding Chapter 3863 to read as follows:
1111 CHAPTER 3863. TRAVIS COUNTY IMPROVEMENT DISTRICT NO. 1
1212 SUBCHAPTER A. GENERAL PROVISIONS
1313 Sec. 3863.001. DEFINITIONS. In this chapter:
1414 (1) "Board" means the district's board of directors.
1515 (2) "Director" means a board member.
1616 (3) "District" means the Travis County Improvement
1717 District No. 1.
1818 Sec. 3863.002. NATURE OF DISTRICT. The Travis County
1919 Improvement District No. 1 is a special district created under
2020 Section 59, Article XVI, Texas Constitution.
2121 Sec. 3863.003. PURPOSE; DECLARATION OF INTENT. (a) The
2222 creation of the district is essential to accomplish the purposes of
2323 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2424 Texas Constitution, and other public purposes stated in this
2525 chapter. By creating the district and in authorizing Travis County
2626 and other political subdivisions to contract with the district, the
2727 legislature has established a program to accomplish the public
2828 purposes set out in Section 52-a, Article III, Texas Constitution.
2929 (b) The creation of the district is necessary to promote,
3030 develop, encourage, and maintain employment, commerce,
3131 transportation, housing, tourism, recreation, the arts,
3232 entertainment, economic development, safety, and the public
3333 welfare in the district.
3434 (c) This chapter and the creation of the district may not be
3535 interpreted to relieve Travis County from providing the level of
3636 services provided, as of the effective date of the Act enacting this
3737 chapter, to the area in the district. The district is created to
3838 supplement and not to supplant the county services provided in the
3939 area in the district.
4040 Sec. 3863.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4141 (a) The district is created to serve a public use and benefit.
4242 (b) All land and other property included in the district
4343 will benefit from the improvements and services to be provided by
4444 the district under powers conferred by Sections 52 and 52-a,
4545 Article III, and Section 59, Article XVI, Texas Constitution, and
4646 other powers granted under this chapter.
4747 (c) The creation of the district is in the public interest
4848 and is essential to:
4949 (1) further the public purposes of developing and
5050 diversifying the economy of the state;
5151 (2) eliminate unemployment and underemployment; and
5252 (3) develop or expand transportation and commerce.
5353 (d) The district will:
5454 (1) promote the health, safety, and general welfare of
5555 residents, employers, potential employees, employees, visitors,
5656 and consumers in the district, and of the public;
5757 (2) provide needed funding for the district to
5858 preserve, maintain, and enhance the economic health and vitality of
5959 the district territory as a community and business center;
6060 (3) promote the health, safety, welfare, and enjoyment
6161 of the public by providing pedestrian ways and by landscaping and
6262 developing certain areas in the district, which are necessary for
6363 the restoration, preservation, and enhancement of scenic beauty;
6464 and
6565 (4) provide for water, wastewater, drainage, road, and
6666 recreational facilities for the district.
6767 (e) Pedestrian ways along or across a street, whether at
6868 grade or above or below the surface, and street lighting, street
6969 landscaping, parking, and street art objects are parts of and
7070 necessary components of a street and are considered to be a street
7171 or road improvement.
7272 (f) The district will not act as the agent or
7373 instrumentality of any private interest even though the district
7474 will benefit many private interests as well as the public.
7575 Sec. 3863.005. INITIAL DISTRICT TERRITORY. (a) The
7676 district is initially composed of the territory described by
7777 Section 2 of the Act enacting this chapter.
7878 (b) The boundaries and field notes contained in Section 2 of
7979 the Act enacting this chapter form a closure. A mistake in the
8080 field notes or in copying the field notes in the legislative process
8181 does not affect the district's:
8282 (1) organization, existence, or validity;
8383 (2) right to issue any type of bond for the purposes
8484 for which the district is created or to pay the principal of and
8585 interest on the bond;
8686 (3) right to impose or collect an assessment or tax; or
8787 (4) legality or operation.
8888 Sec. 3863.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
8989 All or any part of the area of the district is eligible to be
9090 included in:
9191 (1) a tax increment reinvestment zone created under
9292 Chapter 311, Tax Code;
9393 (2) a tax abatement reinvestment zone created under
9494 Chapter 312, Tax Code; or
9595 (3) an enterprise zone created under Chapter 2303,
9696 Government Code.
9797 Sec. 3863.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
9898 DISTRICTS LAW. Except as otherwise provided by this chapter,
9999 Chapter 375, Local Government Code, applies to the district.
100100 Sec. 3863.008. LIBERAL CONSTRUCTION OF CHAPTER. This
101101 chapter shall be liberally construed in conformity with the
102102 findings and purposes stated in this chapter.
103103 [Sections 3863.009-3863.050 reserved for expansion]
104104 SUBCHAPTER B. BOARD OF DIRECTORS
105105 Sec. 3863.051. GOVERNING BODY; TERMS. The district is
106106 governed by a board of five voting directors who serve staggered
107107 terms of four years, with two or three directors' terms expiring
108108 June 1 of each odd-numbered year.
109109 Sec. 3863.052. APPOINTMENT OF DIRECTORS. The Texas
110110 Commission on Environmental Quality shall appoint voting directors
111111 from persons recommended by the board.
112112 Sec. 3863.053. INITIAL VOTING DIRECTORS. (a) On or after
113113 the effective date of the Act creating this chapter, the owner or
114114 owners of a majority of the assessed value of the real property in
115115 the district may submit a petition to the Texas Commission on
116116 Environmental Quality requesting that the commission appoint as
117117 initial voting directors the five persons named in the petition.
118118 The commission shall appoint the five persons named in the petition
119119 as initial voting directors by position.
120120 (b) Of the initial voting directors, the terms of directors
121121 appointed for positions 1 through 3 expire June 1, 2011, and the
122122 terms of directors appointed for positions 4 and 5 expire June 1,
123123 2013.
124124 (c) Section 3863.052 does not apply to the appointment of
125125 directors under this section.
126126 (d) This section expires September 1, 2014.
127127 Sec. 3863.054. NONVOTING DIRECTORS. The board may appoint
128128 nonvoting directors to serve at the pleasure of the voting
129129 directors.
130130 Sec. 3863.055. QUORUM. For purposes of determining the
131131 requirements for a quorum of the board, the following are not
132132 counted:
133133 (1) a board position vacant for any reason, including
134134 death, resignation, or disqualification;
135135 (2) a director who is abstaining from participation in
136136 a vote because of a conflict of interest; or
137137 (3) a nonvoting director.
138138 Sec. 3863.056. COMPENSATION. A director is entitled to
139139 receive fees of office and reimbursement for actual expenses as
140140 provided by Section 49.060, Water Code. Sections 375.069 and
141141 375.070, Local Government Code, do not apply to the board.
142142 [Sections 3863.057-3863.100 reserved for expansion]
143143 SUBCHAPTER C. POWERS AND DUTIES
144144 Sec. 3863.101. DEVELOPMENT CORPORATION POWERS. The
145145 district may exercise the powers given to a development corporation
146146 under Chapter 505, Local Government Code, including the power to
147147 own, operate, acquire, construct, lease, improve, or maintain a
148148 project described by that chapter.
149149 Sec. 3863.102. AGREEMENTS; GRANTS. (a) The district may
150150 make an agreement with or accept a gift, grant, or loan from any
151151 person.
152152 (b) The implementation of a project is a governmental
153153 function or service for the purposes of Chapter 791, Government
154154 Code.
155155 Sec. 3863.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
156156 SERVICES. To protect the public interest, the district may
157157 contract with a qualified person, including Travis County, for the
158158 provision of law enforcement services in the district for a fee.
159159 Sec. 3863.104. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
160160 district may join and pay dues to a charitable or nonprofit
161161 organization that performs a service or provides an activity
162162 consistent with the furtherance of a district purpose.
163163 Sec. 3863.105. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
164164 district may establish and provide for the administration of one or
165165 more programs to promote state or local economic development and to
166166 stimulate business and commercial activity in the district,
167167 including programs to:
168168 (1) make loans and grants of public money; and
169169 (2) provide district personnel and services.
170170 (b) The district has all of the powers of a municipality
171171 under Chapter 380, Local Government Code.
172172 Sec. 3863.106. STRATEGIC PARTNERSHIP AGREEMENT. The
173173 district may negotiate and enter into a written strategic
174174 partnership with a municipality under Section 43.0751, Local
175175 Government Code.
176176 Sec. 3863.107. NO EMINENT DOMAIN. The district may not
177177 exercise the power of eminent domain.
178178 Sec. 3863.108. ANNEXATION OR EXCLUSION OF LAND. (a) The
179179 district may annex land as provided by Subchapter J, Chapter 49,
180180 Water Code.
181181 (b) The district may exclude land as provided by Subchapter
182182 J, Chapter 49, Water Code. Section 375.044(b), Local Government
183183 Code, does not apply to the district.
184184 [Sections 3863.109-3863.150 reserved for expansion]
185185 SUBCHAPTER D. PUBLIC PARKING FACILITIES
186186 Sec. 3863.151. PARKING FACILITIES AUTHORIZED; OPERATION BY
187187 PRIVATE ENTITY. (a) The district may acquire, lease as lessor or
188188 lessee, construct, develop, own, operate, and maintain parking
189189 facilities or a system of parking facilities, including:
190190 (1) lots, garages, parking terminals, or other
191191 structures or accommodations for parking motor vehicles off the
192192 streets; and
193193 (2) equipment, entrances, exits, fencing, and other
194194 accessories necessary for safety and convenience in parking
195195 vehicles.
196196 (b) A parking facility of the district may be leased to or
197197 operated on behalf of the district by an entity other than the
198198 district.
199199 (c) The district's parking facilities are a program
200200 authorized by the legislature under Section 52-a, Article III,
201201 Texas Constitution.
202202 (d) The district's parking facilities serve the public
203203 purposes of the district and are owned, used, and held for a public
204204 purpose even if leased or operated by a private entity for a term of
205205 years.
206206 Sec. 3863.152. RULES. The district may adopt rules
207207 governing the district's public parking facilities.
208208 Sec. 3863.153. FINANCING OF PUBLIC PARKING FACILITIES.
209209 (a) The district may use any of its resources, including revenue,
210210 assessments, taxes, or grant or contract proceeds, to pay the cost
211211 of acquiring or operating public parking facilities.
212212 (b) The district may:
213213 (1) set, charge, impose, and collect fees, charges, or
214214 tolls for the use of the district's public parking facilities; and
215215 (2) issue bonds or notes to finance the cost of the
216216 district's public parking facilities.
217217 Sec. 3863.154. ROAD IMPROVEMENTS. (a) Before development
218218 begins, the district must obtain a traffic impact analysis
219219 performed by a qualified independent traffic consultant for the
220220 purpose of determining the impact of increased traffic caused by
221221 the development of property in the district on Paleface Ranch Road
222222 or other major roads connecting the district to State Highway 71.
223223 The traffic impact analysis must identify the district's
224224 proportionate impact on the roads, based on the daily average
225225 number of trips to be generated from the district compared to the
226226 total daily average number of trips estimated to be generated from
227227 the total service area for the roads at full development.
228228 (b) The district or a developer of land in the district
229229 shall pay the district's proportionate share of the costs or design
230230 and construct the district's proportionate share necessary to
231231 improve roads as needed to maintain the normal level of service on
232232 Paleface Ranch Road or any other connector roads. The payments or
233233 improvements shall be phased to meet the increased traffic.
234234 (c) This section does not obligate the district to
235235 participate in the construction or financing of State Highway 71 or
236236 any other state highway.
237237 [Sections 3863.155-3863.200 reserved for expansion]
238238 SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
239239 Sec. 3863.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
240240 board by resolution shall establish the number of directors'
241241 signatures and the procedure required for a disbursement or
242242 transfer of the district's money.
243243 Sec. 3863.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
244244 The district may acquire, construct, finance, operate, or maintain
245245 any improvement or service authorized under this chapter or Chapter
246246 375, Local Government Code, using any money available to the
247247 district.
248248 Sec. 3863.203. PETITION REQUIRED FOR FINANCING SERVICES AND
249249 IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
250250 service or improvement project with assessments under this chapter
251251 unless a written petition requesting that service or improvement
252252 has been filed with the board.
253253 (b) A petition filed under Subsection (a) must be signed by
254254 the owners of a majority of the assessed value of real property in
255255 the district subject to assessment according to the most recent
256256 certified tax appraisal roll for Travis County.
257257 Sec. 3863.204. METHOD OF NOTICE FOR HEARING. The district
258258 may mail the notice required by Section 375.115(c), Local
259259 Government Code, by certified or first class United States mail.
260260 The board shall determine the method of mailing notice.
261261 Sec. 3863.205. ASSESSMENTS; LIENS FOR ASSESSMENTS.
262262 (a) The board by resolution may impose and collect an assessment
263263 for any purpose authorized by this chapter in all or any part of the
264264 district.
265265 (b) An assessment, a reassessment, or an assessment
266266 resulting from an addition to or correction of the assessment roll
267267 by the district, penalties and interest on an assessment or
268268 reassessment, an expense of collection, and reasonable attorney's
269269 fees incurred by the district:
270270 (1) are a first and prior lien against the property
271271 assessed;
272272 (2) are superior to any other lien or claim other than
273273 a lien or claim for county, school district, or municipal ad valorem
274274 taxes; and
275275 (3) are the personal liability of and a charge against
276276 the owners of the property even if the owners are not named in the
277277 assessment proceedings.
278278 (c) The lien is effective from the date of the board's
279279 resolution imposing the assessment until the date the assessment is
280280 paid. The board may enforce the lien in the same manner that the
281281 board may enforce an ad valorem tax lien against real property.
282282 (d) The board may make a correction to or deletion from the
283283 assessment roll that does not increase the amount of assessment of
284284 any parcel of land without providing notice and holding a hearing in
285285 the manner required for additional assessments.
286286 Sec. 3863.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
287287 ASSESSMENTS. The district may not impose an impact fee or
288288 assessment on the property, including the equipment,
289289 rights-of-way, facilities, or improvements, of:
290290 (1) an electric utility or a power generation company
291291 as defined by Section 31.002, Utilities Code;
292292 (2) a gas utility as defined by Section 101.003 or
293293 121.001, Utilities Code;
294294 (3) a telecommunications provider as defined by
295295 Section 51.002, Utilities Code; or
296296 (4) a person who provides to the public cable
297297 television or advanced telecommunications services.
298298 Sec. 3863.207. RESIDENTIAL PROPERTY. Section 375.161,
299299 Local Government Code, does not apply to a tax imposed by the
300300 district or to a required payment for a service provided by the
301301 district, including water and sewer service.
302302 Sec. 3863.208. OPERATION AND MAINTENANCE TAX. (a) If
303303 authorized at an election held in accordance with Section 3863.212,
304304 the district may impose an annual operation and maintenance tax on
305305 taxable property in the district in accordance with Section 49.107,
306306 Water Code, for any district purpose, including to:
307307 (1) maintain and operate the district;
308308 (2) construct or acquire improvements; or
309309 (3) provide a service.
310310 (b) The board shall determine the tax rate. The rate may not
311311 exceed the rate approved at the election.
312312 (c) Section 49.107(h), Water Code, does not apply to the
313313 district.
314314 Sec. 3863.209. CONTRACT TAXES. (a) In accordance with
315315 Section 49.108, Water Code, the district may impose a tax other than
316316 an operation and maintenance tax and use the revenue derived from
317317 the tax to make payments under a contract after the provisions of
318318 the contract have been approved by a majority of the district voters
319319 voting at an election held for that purpose.
320320 (b) A contract approved by the district voters may contain a
321321 provision stating that the contract may be modified or amended by
322322 the board without further voter approval.
323323 Sec. 3863.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
324324 BONDS. (a) The district may borrow money on terms and conditions
325325 as determined by the board. Section 375.205, Local Government
326326 Code, does not apply to a loan, line of credit, or other borrowing
327327 from a bank or financial institution secured by revenue other than
328328 ad valorem taxes.
329329 (b) The district may issue bonds, notes, or other
330330 obligations payable wholly or partly from ad valorem taxes, sales
331331 and use taxes, assessments, impact fees, revenue, contract
332332 payments, grants, or other district money, or any combination of
333333 those sources of money, to pay for any authorized district purpose.
334334 (c) The limitation on the outstanding principal amount of
335335 bonds, notes, and other obligations set forth in Section 49.4645,
336336 Water Code, does not apply to the district.
337337 Sec. 3863.211. TAXES FOR BONDS. At the time the district
338338 issues bonds payable wholly or partly from ad valorem taxes, the
339339 board shall provide for the annual imposition of a continuing
340340 direct annual ad valorem tax, without limit as to rate or amount,
341341 while all or part of the bonds are outstanding as required and in
342342 the manner provided by Sections 54.601 and 54.602, Water Code.
343343 Sec. 3863.212. ELECTIONS REGARDING TAXES AND BONDS.
344344 (a) The district may issue, without an election, bonds, notes, and
345345 other obligations secured by:
346346 (1) revenue other than ad valorem taxes; or
347347 (2) contract payments described by Section 3863.209.
348348 (b) The district must hold an election in the manner
349349 provided by Subchapter L, Chapter 375, Local Government Code, to
350350 obtain voter approval before the district may impose an ad valorem
351351 tax or sales and use tax or issue bonds payable from ad valorem
352352 taxes.
353353 (c) Section 375.243, Local Government Code, does not apply
354354 to the district.
355355 (d) All or any part of any facilities or improvements which
356356 may be acquired by a district by the issuance of its bonds may be
357357 included in one single proposition to be voted on at the election or
358358 the bonds may be submitted in several propositions.
359359 Sec. 3863.213. COMPETITIVE BIDDING. Subchapter I, Chapter
360360 49, Water Code, applies to the district. Sections 375.221 and
361361 375.223, Local Government Code, do not apply to the district.
362362 Sec. 3863.214. TAX AND ASSESSMENT ABATEMENTS. The district
363363 may grant in the manner authorized by Chapter 312, Tax Code, an
364364 abatement for a tax or assessment owed to the district.
365365 [Sections 3863.215-3863.250 reserved for expansion]
366366 SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
367367 PROPERTY
368368 Sec. 3863.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
369369 DESIGNATED PROPERTY. The district may define areas or designate
370370 certain property of the district to pay for improvements,
371371 facilities, or services that primarily benefit that area or
372372 property and do not generally and directly benefit the district as a
373373 whole.
374374 Sec. 3863.252. PROCEDURE FOR ELECTION. (a) Before the
375375 district may impose an ad valorem tax or issue bonds payable from ad
376376 valorem taxes of the area defined or property designated under
377377 Section 3863.251, the board must call and hold an election as
378378 provided by Section 3863.212 only in the defined area or in the
379379 boundaries of the designated property.
380380 (b) The board may submit the proposition to the voters on
381381 the same ballot to be used in another election.
382382 Sec. 3863.253. DECLARING RESULT AND ISSUING ORDER. (a) If
383383 a majority of the voters voting at the election approve the
384384 proposition or propositions, the board shall declare the results
385385 and by order shall establish the defined area and describe it by
386386 metes and bounds or designate the specific property.
387387 (b) A court may not review the board's order except on the
388388 ground of fraud, palpable error, or arbitrary and confiscatory
389389 abuse of discretion.
390390 Sec. 3863.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
391391 FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
392392 approval and adoption of the order described in Section 3863.253,
393393 the district may apply separately, differently, equitably, and
394394 specifically its taxing power and lien authority to the defined
395395 area or designated property to provide money to construct,
396396 administer, maintain, and operate services, improvements, and
397397 facilities that primarily benefit the defined area or designated
398398 property.
399399 Sec. 3863.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
400400 FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
401401 Section 3863.253 is adopted, the district may issue bonds to
402402 provide for any land, improvements, facilities, plants, equipment,
403403 and appliances for the defined area or designated property.
404404 [Sections 3863.256-3863.300 reserved for expansion]
405405 SUBCHAPTER G. SALES AND USE TAX
406406 Sec. 3863.301. MEANINGS OF WORDS AND PHRASES. Words and
407407 phrases used in this subchapter that are defined by Chapters 151 and
408408 321, Tax Code, have the meanings assigned by Chapters 151 and 321,
409409 Tax Code.
410410 Sec. 3863.302. APPLICABILITY OF CERTAIN TAX CODE
411411 PROVISIONS. (a) Except as otherwise provided by this subchapter,
412412 Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
413413 apply to taxes imposed under this subchapter and to the
414414 administration and enforcement of those taxes in the same manner
415415 that those laws apply to state taxes.
416416 (b) Chapter 321, Tax Code, relating to municipal sales and
417417 use taxes, applies to the application, collection, change, and
418418 administration of a sales and use tax imposed under this subchapter
419419 to the extent consistent with this chapter, as if references in
420420 Chapter 321, Tax Code, to a municipality referred to the district
421421 and references to a governing body referred to the board.
422422 (c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
423423 321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
424424 apply to a tax imposed under this subchapter.
425425 Sec. 3863.303. AUTHORIZATION; ELECTION. (a) The district
426426 may adopt a sales and use tax to serve the purposes of the district
427427 after an election in which a majority of the voters of the district
428428 voting in the election authorize the adoption of the tax.
429429 (b) The board by order may call an election to authorize a
430430 sales and use tax. The election may be held with any other district
431431 election.
432432 (c) The district shall provide notice of the election and
433433 shall hold the election in the manner prescribed by Section
434434 3863.212.
435435 (d) The ballots shall be printed to provide for voting for
436436 or against the proposition: "Authorization of a sales and use tax
437437 in the Travis County Improvement District No. 1 at a rate not to
438438 exceed _____ percent."
439439 Sec. 3863.304. ABOLISHING SALES AND USE TAX. (a) Except
440440 as provided by Subsection (b), the board may abolish the sales and
441441 use tax without an election.
442442 (b) The board may not abolish the sales and use tax if the
443443 district has outstanding debt secured by the tax.
444444 Sec. 3863.305. SALES AND USE TAX RATE. (a) On adoption of
445445 the tax authorized by this subchapter, there is imposed a tax on the
446446 receipts from the sale at retail of taxable items in the district,
447447 and an excise tax on the use, storage, or other consumption within
448448 the district of taxable items purchased, leased, or rented from a
449449 retailer in the district during the period that the tax is in
450450 effect.
451451 (b) The board shall determine the rate of the tax, which may
452452 be in one-eighth of one percent increments not to exceed the maximum
453453 rate authorized by the district voters at the election. The board
454454 may decrease the tax rate to the extent it does not impair any
455455 outstanding debt or obligations payable from the tax.
456456 (c) The rate of the excise tax is the same as the rate of the
457457 sales tax portion of the tax and is applied to the sales price of the
458458 taxable item.
459459 [Sections 3863.306-3863.350 reserved for expansion]
460460 SUBCHAPTER H. HOTEL OCCUPANCY TAXES
461461 Sec. 3863.351. HOTEL OCCUPANCY TAX. (a) In this section,
462462 "hotel" has the meaning assigned by Section 156.001, Tax Code.
463463 (b) For purposes of this section, a reference in Chapter
464464 351, Tax Code, to a municipality is a reference to the district and
465465 a reference in Chapter 351, Tax Code, to the municipality's
466466 officers or governing body is a reference to the board.
467467 (c) Except as otherwise provided by this section,
468468 Subchapter A, Chapter 351, Tax Code, governs a hotel occupancy tax
469469 authorized by this section, including the collection of the tax.
470470 (d) The district may impose a hotel occupancy tax and may
471471 use revenue from the tax for any district purpose that is also an
472472 authorized use of a municipality's hotel occupancy tax revenue
473473 under Chapter 351, Tax Code.
474474 (e) The board by order may impose, repeal, increase, or
475475 decrease the rate of a tax on a person who, under a lease,
476476 concession, permit, right of access, license, contract, or
477477 agreement, pays for the use or possession or for the right to the
478478 use or possession of a room that:
479479 (1) is in a hotel located in the district's boundaries;
480480 (2) costs $2 or more each day; and
481481 (3) is ordinarily used for sleeping.
482482 (f) The amount of the tax may not exceed seven percent of the
483483 price paid for a room in a hotel.
484484 (g) The district may examine and receive information
485485 related to the imposition of hotel occupancy taxes to the same
486486 extent as if the district were a municipality.
487487 SECTION 2. The Travis County Improvement District No. 1
488488 initially includes all territory contained in the following area:
489489 TRACT I - 767.09 ACRES
490490 Being a 767.08 acre tract of land out of and a portion of the
491491 Maria C. Salinas Survey No. 17, Abstract No. 776, the Grigsby Survey
492492 No. 530, Abstract 331, the J. F. Cole Survey no. 303, Abstract 185,
493493 the A. M. Maxey Survey No. 344, Abstract No. 2755, and the W. W.
494494 Burton Survey No. 15 in Travis and Burnett Counties, Texas; said
495495 735.85 acre tract also being out of and a portion of a called 334.08
496496 acre tract of land as conveyed to Ralph B. Thomas, and Bette P.
497497 Thomas as recorded in Warranty Deed Number 0701526 of the Deed
498498 Records of Burnet County, Texas, a called 44.998 acre tract of land
499499 as conveyed to Ralph Bowman Thomas, as recorded in Volume 592, Page
500500 107 of the Real Property Records of Travis County, Texas, a called
501501 9.801 acre tract of land as conveyed to Ralph Bowman Thomas, as
502502 recorded in Volume 592, Page 110 of the Real Property Records of
503503 Travis County, Texas, a 210.197 acre tract of land as conveyed to
504504 Ralph Bowman Thomas, as recorded in Volume 592, Page 105 of the Real
505505 Property Records of Travis County, Texas, a called 36.724 acre
506506 tract of land as conveyed to Ralph Bowman Thomas, as recorded in
507507 Volume 592, Page 109 of the Real Property Records of Travis County,
508508 Texas, a called 69.996 acre tract of land as conveyed to Ralph
509509 Bowman Thomas as recorded in Volume 12210, page 1756 of the Real
510510 Property Records of Travis County, Texas, a called 31.226 acre
511511 tract of land as conveyed to Ralph Bowman Thomas as recorded in
512512 Clerk's File Number 2008158858 of the Official Public Records of
513513 Travis County, Texas, and a called 10.00 acre tract of land as
514514 conveyed to Ralph Bowman Thomas; said 767.08 acre tract of land is
515515 more particularly described by metes and bounds as follows with all
516516 bearings being referenced to the West line of said 334.08 acre tract
517517 of land;
518518 BEGINNING at a point for the Northwest corner of said 334.08
519519 acre tract, also being in the South right-of-way line of Haynie Flat
520520 Road, said point also being the Northeast corner of a tract of land
521521 conveyed to Jayco Holding LTD. as recorded in Volume 1377, Page 647
522522 of the Deed Records of Burnet County, Texas;
523523 THENCE with the South right-of-way line of said Haynie Flat
524524 Road as follows:
525525 - South 66 18' 10" East, 816.87 feet to a point for corner;
526526 - South 83 32' 58" East, 527.85 feet to a point for corner;
527527 - North 80 08' 19" East, 755.01 feet to a point for corner;
528528 - South 73 26' 33" East, 67.66 feet to a point for corner;
529529 - South 50 03' 15" East, 750.74 feet to a point for corner;
530530 THENCE South 00 33' 53" East with the East line of said 334.08
531531 acre tract of land, 950.65 feet to a point for corner;
532532 THENCE South 83 28' 13" East with the North line of said 9.801
533533 acre tract of land, and the South right-of-way line of said Haynie
534534 Flat Road, 1,163.56 feet to a point for corner in the West line of
535535 said 44.998 acre tract;
536536 THENCE North 01 22' 41" West, 225.12 feet to a point for
537537 corner in the South line of Haynie Flat Road (recording unknown);
538538 THENCE with said Haynie Flat Road as follows:
539539 - South 83 43' 22" East, 185.35 feet to a point for corner;
540540 - South 69 05' 13" East, 75.76 feet to a point for corner;
541541 - South 62 09' 25" East, 141.91 feet to a point for corner;
542542 - South 60 23' 08" East, 65.71 feet to a point for corner;
543543 - South 52 23' 59" East, 26.39 feet to a point for corner;
544544 - South 44 25' 03" East, 128.13 feet to a point for corner;
545545 - South 27 24' 37" East, 104.89 feet to a point for corner;
546546 - South 16 42' 01" East, 157.00 feet to a point for corner;
547547 - South 03 42' 56" East, 10.82 feet to a point for the most
548548 Northerly corner of said 69.996 acre tract of land;
549549 - South 35 04' 47" East, 565.65 feet to a point for corner;
550550 - South 32 49' 44" East, 262.35 feet to a point for corner;
551551 - South 49 25' 20" East, 314.18 feet to a point for corner;
552552 - South 53 20' 30" East, 217.14 feet to a point for corner in
553553 the South right-of-way line of Paleface Ranch Road (recording
554554 unknown);
555555 THENCE with the South right-of-way line of said Paleface
556556 Ranch Road as follows:
557557 - South 63 04' 11" East, 257.13 feet to a point for corner;
558558 - South 50 33' 39" East, 139.55 feet to a point for corner;
559559 - South 49 24' 14" East, 92.98 feet to a point for corner;
560560 - South 47 28' 19" East, 154.38 feet to a point for corner;
561561 - South 46 43' 16" East, 256.53 feet to a point for corner;
562562 - South 37 00' 56" East, 204.96 feet to a point for corner;
563563 - South 37 37' 10" East, 543.03 feet to a point for the
564564 Northeast corner of said 210.197 acre tract of land;
565565 - South 36 27' 00" East, 699.03 feet to a point for corner;
566566 - South 15 05' 09" East, 112.12 feet to a point for corner;
567567 - South 04 45' 26" West, 230.64 feet to a point for corner;
568568 - South 07 43' 23" West, 840.65 feet to a point for corner;
569569 - South 05 27' 39" West, 779.99 feet to a point for the
570570 Northeast corner of said 10.00 acre tract of land;
571571 THENCE South 05 17' 38" West, 270.88 feet to a point for
572572 corner;
573573 THENCE South 04 43' 42" West, 34.85 feet to a point for the
574574 most Northerly Southeast corner of said 10.00 acre tract and being a
575575 Northeast corner of that certain called 1.0 acre tract of land as
576576 conveyed to Geneva Hill, et al, in Volume 10450, Page 389 of the
577577 Real Property Records of Travis County, Texas;
578578 THENCE with the Northerly South line of said 10.00 acre tract
579579 as follows:
580580 - North 71 03' 46" West, 207.20 feet to a point for corner;
581581 - North 18 54' 09" East, 182.74 feet to a point for corner;
582582 - North 71 03' 59" West, 175.03 feet to a point for corner;
583583 - South 18 53' 12" West, 212.86 feet to a point for the
584584 Southwest corner of said 1.00 acre tract, and in the Northerly line
585585 of said called 31.226 acre tract of land;
586586 THENCE South 71 05' 27" East with the Northerly line of said
587587 31.226 acre tract, 389.79 feet to a point for corner in the west
588588 right-of-way line of said Paleface Ranch Road;
589589 THENCE with the West right-of-way line of said Paleface Ranch
590590 Road as follows:
591591 - South 16 14' 51" West, 100.14 feet to a point for corner;
592592 - South 35 57' 30" West, 106.89 feet to a point for corner;
593593 - South 45 35' 30" West, 359.24 feet to a point for corner;
594594 - South 51 45' 21" West, 286.13 feet to a point for corner;
595595 - South 62 05' 35" West, 697.66 feet to a point for corner;
596596 - South 43 36' 15" West, 131.60 feet to a point for corner;
597597 - South 29 22' 21" West, 133.33 feet to a point for the
598598 Southeasterly corner of said 31.226 acre tract and the most
599599 Southerly Southeast corner of that certain called 26.627 acre tract
600600 of land as conveyed to Michael L. Bay-Borelli, and Debra E.
601601 Bay-Borelli by Deed recorded in Document Number 2002208295 of the
602602 Official Public Records of Travis County, Texas;
603603 THENCE with the Southwesterly line of said 31.226 acre tract
604604 as follows:
605605 - North 52 41' 24" West, 641.65 feet to a point for corner;
606606 - North 34 11' 39" East, 128.26 feet to a point for corner;
607607 - North 25 32' 57" West, 610.09 feet to a point for corner;
608608 - North 14 28' 58" East, 114.85 feet to a point for the most
609609 North Westerly corner of said 31.226 acre tract, and in the South
610610 line of said 210.197 acre tract;
611611 THENCE North 75 29' 01" West, 727.40 feet to a point for
612612 corner;
613613 THENCE North 49 35' 26" West, 283.72 feet to a point for
614614 corner;
615615 THENCE North 50 03' 08" West, 523.15 feet to a point for the
616616 Southwest corner of said 210.197 acre tract, and the Southeast
617617 corner of said 36.724 acre tract of land corner, also being the
618618 Southwesterly corner of that certain called tract of land conveyed
619619 to State of Texas for Permanent School Funds in Volume 1397, Page
620620 990 of the Deed Records of Burnet County, Texas;
621621 THENCE North 70 34' 29" West, 743.11 feet to a point for
622622 corner in the West line of said State of Texas tract of land;
623623 THENCE North 00 05' 34" West, 980.07 feet to a point for the
624624 Southeast corner of said 334.08 acre tract;
625625 THENCE West, 2,310.76 feet to a point for the Northwest
626626 corner of said State of Texas tract, and the Northeast corner of a
627627 tract of land as conveyed to Betty Ann Hollingsworth Herbert in
628628 Volume 11690, Page 447 of the Deed Records of Travis County, Texas;
629629 THENCE North 89 47' 18" West with the North line of said
630630 Hebert tract, 976.81 feet to a point for the Southeast corner of
631631 said Jayco Holding LTD tract, and the Southeast corner of said
632632 334.08 tract;
633633 THENCE North 06 48' 08" East with the West line of said 334.08
634634 acre tract, 5,223.87 feet to the POINT OF BEGINNING; containing
635635 767.08 acres of land, more or less; SAVE AND EXCEPT, and excluding,
636636 any portion of this tract lying within the limits of Burnet County,
637637 Texas; with the intent being that this tract lies wholly within the
638638 limits of Travis County, Texas.
639639 TRACT II - 482.50 ACRES
640640 Being a 482.50 acre tract of land out of and a portion of the
641641 J. F. Cole Survey No. 303, Abstract 185, the V. L. Labenski Survey
642642 No. 301, the John Moat Survey No. 412, the R. R. Germany Survey No.
643643 304, the John Ewers Survey No. 410, and the John Ewers Survey No.
644644 308 in Travis County, Texas; said 482.50 acre tract also being out
645645 of and a portion of a called 15.241 acre tract of land as conveyed to
646646 Ralph Bowman Thomas as recorded in Volume 12210, page 1756 of the
647647 Real Property Records of Travis County, Texas, a called 287.84 acre
648648 tract of land as conveyed to Ralph Bowman Thomas in Volume 12029,
649649 Page 0628 of the Real Property Records of Travis County, Texas, a
650650 called 7.01 acre tract of land as conveyed to Ralph Bowman Thomas as
651651 recorded in Volume 12142, Page 3244 of the Real Property Records of
652652 Travis County, Texas, a 170.94 acre tract of land as conveyed to
653653 Ralph Bowman Thomas as recorded in Volume 12122, Page 2518 of the
654654 Real Property Records of Travis County, Texas, and a called 1.781
655655 acre tract of land as conveyed to Ralph Bowman Thomas as recorded in
656656 Volume 12341, Page 0433 of the Real Property Records of Travis
657657 County, Texas; said 482.50 acre tract of land is more particularly
658658 described by metes and bounds as follows with all bearings being
659659 referenced to the West line of said 287.84 acre tract of land;
660660 BEGINNING at a point for the Southwest corner of said 15.241
661661 acre tract, also being in the South right-of-way line of Haynie Flat
662662 Road (recording unknown), and the North right-of-way line of
663663 Paleface Ranch Road (recording unknown);
664664 THENCE with said Haynie Flat Road as follows:
665665 - North 30 23' 08" East, 347.80 feet to a point for corner;
666666 - North 31 39' 24" East, 108.86 feet to a point for corner;
667667 - North 40 00' 00" East, 3,271.92 feet to a point for corner;
668668 - South 49 40' 37" East, 3,050.44 feet to a point for corner
669669 at the beginning of a curve to the left;
670670 - along the arc of said curve to the left, having a chord of
671671 South 74 06' 43" East, 219.54 feet, a radius of 517.92 feet, a
672672 central angle of 24 28' 21", a distance of 221.22 feet to a point
673673 for corner;
674674 - continuing along the arc of said curve to the left, having a
675675 chord of North 80 57' 51" East, 270.58 feet, a radius of 597.67
676676 feet, a central angle of 26 09' 59", a distance of 272.95 feet to a
677677 point for corner;
678678 - North 67 47' 51" East, 294.01 feet to a point for corner;
679679 - North 64 20' 52" East, 474.60 feet to a point for corner at
680680 the beginning of a curve to the left;
681681 - along the arc of said curve to the left, having a chord of
682682 North 51 32' 52" East, 259.41 feet, a radius of 585.45 feet, a
683683 central angle of 25 35' 59", a distance of 261.58 feet to a point
684684 for corner;
685685 - North 31 20' 51" East, 5.66 feet to a point for corner;
686686 - North 45 18' 55" East, 147.73 feet to a point for corner at
687687 the beginning of a curve to the right;
688688 - along the arc of said curve to the right, having a chord of
689689 North 75 39' 23" East, 483.14 feet, a radius of 490.87 feet, a
690690 central angle of 58 57' 41", a distance of 505.14 feet to a point
691691 for corner;
692692 - South 74 41' 05" East, 73.93 feet to a point for corner;
693693 - South 65 02' 26" East, 242.87 feet to a point for corner;
694694 - South 67 46' 10" East, 632.84 feet to a point for corner;
695695 - South 68 58' 09" East, 586.34 feet to a point for corner;
696696 - South 63 23' 07" East, 234.88 feet to a point for corner at
697697 the beginning of a curve to the right;
698698 - along the arc of said curve to the right, having a chord of
699699 South 54 05' 07" East, 196.29 feet, a radius of 607.30 feet, a
700700 central angle of 18 36' 00", a distance of 197.15 feet to a point
701701 for corner;
702702 - continuing along the arc of said curve to the right, having
703703 a chord of South 32 47' 07" East, 384.80 feet, a radius of 925.40
704704 feet, a central angle of 24 00' 00", a distance of 387.63 feet to a
705705 point for corner;
706706 - South 20 47' 07" East, 321.96 feet to a point for corner at
707707 the beginning of a curve to the left;
708708 - along the arc of said curve to the left, having a chord of
709709 South 35 49' 07" East, 313.18 feet, a radius of 603.70 feet, a
710710 central angle of 30 04' 00", a distance of 316.80 feet to a point
711711 for corner;
712712 - South 50 51' 07" East, 1,129.28 feet to a point for corner
713713 at the beginning of a curve to the right;
714714 - along the arc of said curve to the right, having a chord of
715715 South 37 25' 07" East, 429.97 feet, a radius of 925.40 feet, a
716716 central angle of 26 52' 00", a distance of 433.93 feet to a point
717717 for corner;
718718 - South 23 59' 07" East, 53.87 feet to a point for the
719719 Northeast corner of said 170.94 acre tract;
720720 THENCE South 38 52' 11" West with the East line of said 170.94
721721 acre tract, 1,446.00 feet to a point for the Southeast corner of
722722 said 170.94 acre tract;
723723 THENCE with the Southerly line of said 170.94 acre tract as
724724 follows:
725725 - North 44 06' 59" West, 301.32 feet to a point for corner;
726726 - North 32 57' 59" West, 261.60 feet to a point for corner;
727727 - North 27 31' 59" West, 58.00 feet to a point for corner;
728728 - North 60 07' 59" West, 144.10 feet to a point for corner;
729729 - North 47 10' 59" West, 343.10 feet to a point for corner;
730730 - North 42 40' 59" West, 113.70 feet to a point for corner;
731731 - North 38 08' 59" West, 191.80 feet to a point for corner;
732732 - North 58 03' 59" West, 170.20 feet to a point for corner;
733733 - North 47 44' 59" West, 153.30 feet to a point for corner;
734734 - North 36 27' 59" West, 111.00 feet to a point for corner;
735735 - North 26 08' 59" West, 65.60 feet to a point for corner;
736736 - North 42 37' 59" West, 153.30 feet to a point for corner;
737737 - North 60 44' 59" West, 103.40 feet to a point for corner;
738738 - North 49 33' 59" West, 126.50 feet to a point for corner;
739739 - North 35 31' 59" West, 103.20 feet to a point for corner;
740740 - North 08 01' 59" West, 33.20 feet to a point for corner;
741741 - North 00 54' 01" East, 65.60 feet to a point for corner;
742742 - North 32 16' 01" East, 177.40 feet to a point for corner;
743743 - North 43 23' 01" East, 182.90 feet to a point for corner;
744744 - North 82 08' 59" West, 90.50 feet to a point for corner;
745745 - North 49 46' 59" West, 75.30 feet to a point for corner;
746746 - North 34 37' 59" West, 144.50 feet to a point for corner;
747747 - South 23 17' 01" West, 88.20 feet to a point for corner;
748748 - South 08 53' 01" West, 133.80 feet to a point for corner;
749749 - South 31 03' 01" West, 65.90 feet to a point for corner;
750750 - South 32 52' 01" West, 183.90 feet to a point for corner;
751751 - South 53 24' 01" West, 24.80 feet to a point for corner;
752752 - South 82 27' 01" West, 44.60 feet to a point for corner;
753753 - North 73 14' 59" West, 185.70 feet to a point for corner;
754754 - North 66 44' 59" West, 468.00 feet to a point for corner;
755755 - North 47 24' 59" West, 277.70 feet to a point for corner;
756756 - North 73 00' 59" West, 462.10 feet to a point for corner;
757757 - North 79 19' 59" West, 350.00 feet to a point for corner;
758758 - North 54 05' 59" West, 40.00 feet to a point for corner;
759759 - North 09 16' 59" West, 54.10 feet to a point for corner;
760760 - North 08 39' 01" East, 168.60 feet to a point for corner;
761761 - North 11 19' 59" West, 152.30 feet to a point for corner;
762762 - South 21 13' 01" West, 134.40 feet to a point for corner;
763763 - South 28 29' 01" West, 95.80 feet to a point for corner;
764764 - South 23 49' 41" West, 99.63 feet to a point for the
765765 Southwesterly corner of said 170.94 acre tract, said point also
766766 being in the North line of said 287.84 acre tract;
767767 THENCE South 48 56' 38" East with the North line of said
768768 287.84 acre tract, 327.54 feet to a point on the North bank of the
769769 Pedernales River, now inundated by the waters of Lake Travis;
770770 THENCE with the North and West bank of said Pedernales River
771771 as follows:
772772 - South 64 00' 00" West, 232.43 feet to a point for corner;
773773 - South 32 00' 00" West, 202.00 feet to a point for corner;
774774 - South 08 00' 00" West, 455.00 feet to a point for corner;
775775 - South 10 00' 00" East, 400.00 feet to a point for corner;
776776 - South 19 00' 00" East, 408.00 feet to a point for corner;
777777 - South 36 11' 04" East, 509.92 feet to a point for corner;
778778 - South 22 08' 43" East, 461.36 feet to a point for corner in
779779 the centerline of a ravine now inundated by the waters of Lake
780780 Travis;
781781 THENCE with the centerline of said ravine as follows:
782782 - South 69 39' 01" West, 625.00 feet to a point for corner;
783783 - North 75 35' 59" West, 440.00 feet to a point for corner;
784784 - North 65 50' 59" West, 620.00 feet to a point for corner;
785785 - North 14 35' 59" West, 440.00 feet to a point for corner;
786786 - North 16 17' 01" East, 501.00 feet to a point for corner;
787787 - North 53 21' 31" West, 176.92 feet to a point for corner;
788788 - North 44 08' 58" West, 240.27 feet to a point for corner;
789789 - North 57 26' 22" West, 119.19 feet to a point for corner;
790790 - North 51 05' 53" West, 206.28 feet to a point for corner;
791791 - North 75 14' 25" West, 112.08 feet to a point for corner;
792792 - North 13 16' 01" East, 25.00 feet to a point for corner in
793793 the South line of said 287.84 acre tract;
794794 THENCE with the South line of said 287.84 acre tract as
795795 follows:
796796 - North 76 43' 59" West, 10.45 feet to a point for corner;
797797 - North 68 03' 09" West, 164.71 feet to a point for corner;
798798 - North 65 55' 57" West, 480.75 feet to a point for corner;
799799 - North 66 01' 19" West, 1,163.01 feet to a point for corner;
800800 - South 82 57' 07" West, 16.87 feet to a point for corner;
801801 - North 31 52' 00" West, 15.44 feet to a point for corner;
802802 - South 71 50' 15" West, 1,009.06 feet to a point for the
803803 Southwesterly corner of said 287.84 acre tract, and the Northeast
804804 corner of said 15.241 acre tract;
805805 THENCE South 00 16' 35" East, 260.71 feet to a point for
806806 corner;
807807 THENCE South 65 57' 27" East, 110.68 feet to a point for
808808 corner;
809809 THENCE South 67 01' 21" East, 32.47 feet to a point for
810810 corner;
811811 THENCE South 29 11' 37" West, 55.50 feet to a point for
812812 corner;
813813 THENCE South 39 16' 53" West, 11.52 feet to a point for corner
814814 for a Northeasterly corner of said 1.781 acre tract;
815815 THENCE with the East line of said 1.781 acre tract as follows:
816816 - South 30 02' 03" East, 30.83 feet to a point for corner;
817817 - South 06 24' 39" East, 80.85 feet to a point for corner;
818818 - South 20 44' 41" West, 57.13 feet to a point for corner;
819819 - South 38 38' 12" West, 58.24 feet to a point for corner;
820820 - South 52 29' 45" West, 108.56 feet to a point for corner;
821821 - South 55 46' 45" West, 181.13 feet to a point for corner in
822822 the North line of said Paleface Ranch Road;
823823 THENCE with the North line of said Paleface Ranch Road as
824824 follows:
825825 - North 37 34' 31" West, 128.95 feet to a point for corner;
826826 - North 37 26' 17" West, 62.78 feet to a point for the
827827 Southwest corner of said 1.781 acre tract, and the Southeast corner
828828 of said 15.241 acre tract;
829829 - North 37 26' 17" West, 369.15 feet to a point for corner;
830830 - North 40 03' 08" West, 63.66 feet to a point for corner;
831831 - North 18 09' 23" West, 14.01 feet to a point for corner;
832832 - North 43 54' 03" West, 15.90 feet to a point for corner;
833833 - North 68 55' 02" West, 8.93 feet to a point for corner;
834834 - North 40 57' 50" West, 130.58 feet to a point for corner;
835835 - North 45 28' 49" West, 410.55 feet to a point for corner;
836836 - North 52 38' 51" West, 242.60 feet to the POINT OF
837837 BEGINNING; containing 482.50 acres of land, more or less.
838838 SECTION 3. (a) The legal notice of the intention to
839839 introduce this Act, setting forth the general substance of this
840840 Act, has been published as provided by law, and the notice and a
841841 copy of this Act have been furnished to all persons, agencies,
842842 officials, or entities to which they are required to be furnished
843843 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
844844 Government Code.
845845 (b) The governor, one of the required recipients, has
846846 submitted the notice and Act to the Texas Commission on
847847 Environmental Quality.
848848 (c) The Texas Commission on Environmental Quality has filed
849849 its recommendations relating to this Act with the governor,
850850 lieutenant governor, and speaker of the house of representatives
851851 within the required time.
852852 (d) The general law relating to consent by political
853853 subdivisions to the creation of districts with conservation,
854854 reclamation, and road powers and the inclusion of land in those
855855 districts has been complied with.
856856 (e) All requirements of the constitution and laws of this
857857 state and the rules and procedures of the legislature with respect
858858 to the notice, introduction, and passage of this Act have been
859859 fulfilled and accomplished.
860860 SECTION 4. This Act takes effect immediately if it receives
861861 a vote of two-thirds of all the members elected to each house, as
862862 provided by Section 39, Article III, Texas Constitution. If this
863863 Act does not receive the vote necessary for immediate effect, this
864864 Act takes effect September 1, 2009.
865865 ______________________________ ______________________________
866866 President of the Senate Speaker of the House
867867 I hereby certify that S.B. No. 2526 passed the Senate on
868868 May 12, 2009, by the following vote: Yeas 31, Nays 0; and that the
869869 Senate concurred in House amendment on May 29, 2009, by the
870870 following vote: Yeas 30, Nays 0.
871871 ______________________________
872872 Secretary of the Senate
873873 I hereby certify that S.B. No. 2526 passed the House, with
874874 amendment, on May 26, 2009, by the following vote: Yeas 142,
875875 Nays 0, one present not voting.
876876 ______________________________
877877 Chief Clerk of the House
878878 Approved:
879879 ______________________________
880880 Date
881881 ______________________________
882882 Governor