Texas 2009 - 81st Regular

Texas Senate Bill SB2545 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R16267 KJM-F
2	2	By: Wentworth S.B. No. 2545
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of Austin Desired Development Zone
8	8	District No. 1; providing authority to levy an assessment, impose
9	9	taxes, and issue bonds; granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3862 to read as follows:
13	13	CHAPTER 3862. AUSTIN DESIRED DEVELOPMENT ZONE DISTRICT NO. 1
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3862.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Austin.
18	18	(3) "County" means Travis County.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the Austin Desired Development
21	21	Zone District No. 1.
22	22	Sec. 3862.002. NATURE OF DISTRICT. The district is a special
23	23	district created under Section 59, Article XVI, Texas Constitution.
24	24	Sec. 3862.003. PURPOSE; DECLARATION OF INTENT. (a) The
25	25	creation of the district is essential to accomplish the purposes of
26	26	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
27	27	Texas Constitution, and other public purposes stated in this
28	28	chapter. By creating the district and in authorizing the city, the
29	29	county, and other political subdivisions to contract with the
30	30	district, the legislature has established a program to accomplish
31	31	the public purposes set out in Section 52-a, Article III, Texas
32	32	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	Sec. 3862.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
39	39	The district is created to serve a public use and benefit.
40	40	(b) All land and other property included in the district
41	41	will benefit from the improvements and services to be provided by
42	42	the district under powers conferred by Sections 52 and 52-a,
43	43	Article III, and Section 59, Article XVI, Texas Constitution, and
44	44	other powers granted under this chapter.
45	45	(c) The creation of the district is in the public interest
46	46	and is essential to:
47	47	(1) further the public purposes of developing and
48	48	diversifying the economy of the state;
49	49	(2) eliminate unemployment and underemployment; and
50	50	(3) develop or expand transportation and commerce.
51	51	(d) The district will:
52	52	(1) promote the health, safety, and general welfare of
53	53	residents, employers, employees, potential employees, visitors,
54	54	and consumers in the district, and of the public;
55	55	(2) provide needed funding for the district to
56	56	preserve, maintain, and enhance the economic health and vitality of
57	57	the district territory as a community and business center;
58	58	(3) promote the health, safety, welfare, and enjoyment
59	59	of the public by providing pedestrian ways and landscaping and
60	60	developing certain areas in the district, which are necessary for
61	61	the restoration, preservation, and enhancement of scenic beauty;
62	62	and
63	63	(4) provide for water, wastewater, drainage, road, and
64	64	recreational facilities for the district.
65	65	(e) Pedestrian ways along or across a street, whether at
66	66	grade or above or below the surface, and street lighting, street
67	67	landscaping, parking, and street art objects are parts of and
68	68	necessary components of a street and are considered to be a street
69	69	or road improvement.
70	70	(f) The district will not act as the agent or
71	71	instrumentality of any private interest even though the district
72	72	will benefit many private interests as well as the public.
73	73	Sec. 3862.005. INITIAL DISTRICT TERRITORY. (a) The
74	74	district is initially composed of the territory described by
75	75	Section 2 of the Act enacting this chapter.
76	76	(b) The boundaries and field notes contained in Section 2 of
77	77	the Act enacting this chapter form a closure. A mistake in the
78	78	field notes or in copying the field notes in the legislative process
79	79	does not affect the district's:
80	80	(1) organization, existence, or validity;
81	81	(2) right to issue any type of bond for the purposes
82	82	for which the district is created or to pay the principal of and
83	83	interest on the bond;
84	84	(3) right to impose or collect an assessment or tax; or
85	85	(4) legality or operation.
86	86	Sec. 3862.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
87	87	All or any part of the area of the district is eligible to be
88	88	included in:
89	89	(1) a tax increment reinvestment zone created under
90	90	Chapter 311, Tax Code;
91	91	(2) a tax abatement reinvestment zone created under
92	92	Chapter 312, Tax Code; or
93	93	(3) an enterprise zone created under Chapter 2303,
94	94	Government Code.
95	95	Sec. 3862.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
96	96	DISTRICTS LAW. Except as otherwise provided by this chapter,
97	97	Chapter 375, Local Government Code, applies to the district.
98	98	Sec. 3862.008. LIBERAL CONSTRUCTION OF CHAPTER. This
99	99	chapter shall be liberally construed in conformity with the
100	100	findings and purposes stated in this chapter.
101	101	Sec. 3862.009. CONFIRMATION AND DIRECTORS' ELECTION
102	102	REQUIRED. The temporary directors shall hold an election to
103	103	confirm the creation of the district and to elect four permanent
104	104	directors as provided by Section 49.102, Water Code.
105	105	Sec. 3862.010. CONSENT OF MUNICIPALITY REQUIRED. (a) The
106	106	temporary directors may not hold an election under Section 3862.009
107	107	until the city and each other municipality in whose corporate
108	108	limits or extraterritorial jurisdiction the district is located has
109	109	consented by ordinance or resolution to the creation of the
110	110	district and to the inclusion of land in the district.
111	111	(b) The city and each other municipality may condition its
112	112	consent to the creation of the district, the inclusion of land in
113	113	the district, and the exercise or limitation of powers granted to
114	114	the district under this chapter on a requirement that the
115	115	municipality and the owner of land included in the district
116	116	negotiate and enter into a written agreement under this chapter and
117	117	Sections 43.0563 and 212.172, Local Government Code.
118	118	(c) An agreement described by Subsection (b) between a
119	119	municipality and a landowner entered into before the effective date
120	120	of this chapter and that complies with this section is validated on
121	121	the effective date of this Act.
122	122	(d) Section 54.016, Water Code, does not apply to the
123	123	district or to an agreement under this section. An agreement under
124	124	this section constitutes a municipality's consent to the creation
125	125	of the district under Section 42.042, Local Government Code.
126	126	[Sections 3862.011-3862.050 reserved for expansion]
127	127	SUBCHAPTER B. BOARD OF DIRECTORS
128	128	Sec. 3862.051. GOVERNING BODY; TERMS. (a) The district is
129	129	governed by a board of seven directors. Four of the directors are
130	130	elected. Three of the directors are appointed under Section
131	131	3862.053.
132	132	(b) Except as provided by Section 3862.052, directors serve
133	133	staggered four-year terms, with two elected directors' terms and
134	134	one or two appointed directors' terms expiring on June 1 of each
135	135	even-numbered year. The term of office for each director first
136	136	appointed under Section 3862.053 shall begin on the date the four
137	137	permanent directors are elected under Section 3862.009. The
138	138	initial directors shall determine their terms as provided by
139	139	Section 49.102(h), Water Code.
140	140	Sec. 3862.052. TEMPORARY DIRECTORS. (a) On or after the
141	141	effective date of the Act enacting this chapter, the owner or owners
142	142	of a majority of the assessed value of the real property in the
143	143	district, as determined by the most recent certified tax appraisal
144	144	roll for the county, may submit a petition to the Texas Commission
145	145	on Environmental Quality requesting that the commission appoint as
146	146	temporary directors the four persons named in the petition. The
147	147	commission shall appoint as temporary directors the four persons
148	148	named in the petition.
149	149	(b) Temporary directors serve until the earlier of:
150	150	(1) the date four permanent directors are elected
151	151	under Section 3862.009; or
152	152	(2) the fourth anniversary of the effective date of
153	153	the Act creating this chapter.
154	154	(c) If permanent directors have not been elected under
155	155	Section 3862.009 and the terms of the temporary directors have
156	156	expired, successor temporary directors shall be appointed or
157	157	reappointed as provided by Subsection (d) to serve terms that
158	158	expire on the earlier of:
159	159	(1) the date permanent directors are elected under
160	160	Section 3862.009; or
161	161	(2) the fourth anniversary of the date of the
162	162	appointment or reappointment.
163	163	(d) If Subsection (c) applies, the owner or owners of a
164	164	majority of the assessed value of the real property in the district,
165	165	according to the most recent certified tax appraisal roll for the
166	166	county, may submit a petition to the Texas Commission on
167	167	Environmental Quality requesting that the commission appoint as
168	168	successor temporary directors the four persons named in the
169	169	petition. The commission shall appoint as successor temporary
170	170	directors the four persons named in the petition.
171	171	Sec. 3862.053. APPOINTMENT OF DIRECTORS. (a) The city
172	172	council of the city shall appoint one person as a director. A
173	173	person is appointed if a majority of the members of the city council
174	174	vote to appoint that person. If a person is not appointed to the
175	175	board under Subsection (c), the members of the city council may vote
176	176	to appoint a second person as a director.
177	177	(b) The county commissioners court shall appoint one person
178	178	as a director. A person is appointed if a majority of the members of
179	179	the commissioners court vote to appoint that person.
180	180	(c) The Texas Commission on Environmental Quality shall
181	181	appoint as director one person nominated by the board. The board
182	182	shall request a name of a nominee for the director position from
183	183	each person who owns at least 25 percent of the surface area of land
184	184	in the district, based on the most recent certified tax appraisal
185	185	roll for the county. The board shall submit to the Texas Commission
186	186	on Environmental Quality the nominee whose name was submitted by
187	187	the person who owns the largest total surface area of land in the
188	188	district. If the board has not received any names of potential
189	189	nominees before the 31st day after the date the board requests that
190	190	names be submitted, or if no person owns at least 25 percent of the
191	191	surface area of land in the district, the board shall notify the
192	192	city that it may appoint a second director under Subsection (a), and
193	193	no appointment shall be made under this subsection.
194	194	Sec. 3862.054. QUALIFICATIONS OF DIRECTOR. (a) To be
195	195	qualified to be elected and to serve as an elected director, or to
196	196	be qualified to be appointed and to serve as a director appointed
197	197	under Section 3862.053(c), a person must be at least 18 years old
198	198	and:
199	199	(1) a resident of the district; or
200	200	(2) an owner of property in the district.
201	201	(b) To be qualified to be appointed and to serve as a
202	202	director appointed under Section 3862.052 or 3862.053(a) or (b), a
203	203	person must be at least 18 years old.
204	204	(c) A person who qualifies to serve as a director under this
205	205	section is subject to Section 375.072, Local Government Code.
206	206	Sec. 3862.055. DIRECTOR VACANCY. A vacancy in the office of
207	207	an elected director shall be filled for the unexpired term by the
208	208	majority vote of the remaining members of the board. A vacancy in
209	209	the office of a director appointed under Section 3862.053 shall be
210	210	filled for the unexpired term in the same manner as the original
211	211	appointment under that section.
212	212	Sec. 3862.056. QUORUM; VOTING REQUIREMENT. (a) A
213	213	concurrence of a majority of the directors is required for any
214	214	official action of the district unless a lesser or greater number of
215	215	votes is provided by other law. The written consent of at least
216	216	two-thirds of the directors is required to authorize the imposition
217	217	of assessments, the imposition of taxes, the imposition of impact
218	218	fees, or the issuance of bonds.
219	219	(b) For purposes of determining the requirements for a
220	220	quorum of the board, the following are not counted:
221	221	(1) a board position vacant for any reason, including
222	222	death, resignation, or disqualification; or
223	223	(2) a director who is abstaining from participation in
224	224	a vote because of a conflict of interest.
225	225	Sec. 3862.057. COMPENSATION. A director is entitled to
226	226	receive fees of office and reimbursement for actual expenses as
227	227	provided by Section 49.060, Water Code.
228	228	[Sections 3862.058-3862.100 reserved for expansion]
229	229	SUBCHAPTER C. POWERS AND DUTIES
230	230	Sec. 3862.101. GENERAL POWERS AND DUTIES. The district has
231	231	the powers and duties:
232	232	(1) provided by the general laws relating to
233	233	conservation and reclamation districts created under Section 59,
234	234	Article XVI, Texas Constitution, including Chapters 49 and 54,
235	235	Water Code;
236	236	(2) provided by Section 52, Article III, Texas
237	237	Constitution, including the power to design, acquire, construct,
238	238	finance, issue bonds for, improve, operate, maintain, and convey to
239	239	this state, a county, or a municipality for operation and
240	240	maintenance:
241	241	(A) macadamized, graveled, or paved roads; or
242	242	(B) improvements, including storm drainage, in
243	243	aid of those roads;
244	244	(3) that Subchapter A, Chapter 372, Local Government
245	245	Code, provides to a municipality or a county;
246	246	(4) that Chapter 375, Local Government Code, provides
247	247	to a municipality;
248	248	(5) that Chapter 380, Local Government Code, provides
249	249	to a municipality;
250	250	(6) that Chapter 394, Local Government Code, provides
251	251	to a housing finance corporation created and operating under that
252	252	chapter;
253	253	(7) that Subchapter C, Chapter 402, Local Government
254	254	Code, provides to a municipality; and
255	255	(8) that Chapters 501, 502, and 505, Local Government
256	256	Code, provide to a municipality or to a Type A or B corporation
257	257	created by a municipality.
258	258	Sec. 3862.102. AGREEMENTS; GRANTS. (a) The district may
259	259	make an agreement with or accept a gift, grant, or loan from any
260	260	person.
261	261	(b) A service agreement made by the district shall be
262	262	terminable at will and without penalty on 30 days' notice of
263	263	termination, unless the district secures the written consent of the
264	264	city to modify or exclude those termination provisions, except for
265	265	service agreements with the following persons or entities:
266	266	(1) a developer of property in the district, as
267	267	defined by Section 49.052(d), Water Code;
268	268	(2) a government agency, entity, or political
269	269	subdivision;
270	270	(3) a retail public utility or electric cooperative,
271	271	concerning water, wastewater, gas, electricity, telecommunication,
272	272	drainage, or other utility services and facilities; or
273	273	(4) a provider of services relating to solid waste
274	274	collection, transfer, processing, reuse, resale, disposal, and
275	275	management.
276	276	(c) The implementation of a project is a governmental
277	277	function or service for the purposes of Chapter 791, Government
278	278	Code.
279	279	(d) The board may enter into a contract with the board of
280	280	directors of a tax increment reinvestment zone created under
281	281	Chapter 311, Tax Code, and the governing body of the municipality or
282	282	county that created the zone to manage the zone or implement the
283	283	project plan and reinvestment zone financing plan.
284	284	Sec. 3862.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
285	285	AND FIREFIGHTING SERVICES. (a) To protect the public interest, the
286	286	district may contract with a qualified party, including the county
287	287	or the city, for the provision of law enforcement services in the
288	288	district for a fee.
289	289	(b) The district may provide firefighting services under
290	290	Section 49.351, Water Code, and has the powers and duties of a
291	291	municipality under Section 775.022, Health and Safety Code.
292	292	Sec. 3862.104. ECONOMIC DEVELOPMENT PROGRAMS. The district
293	293	may establish and provide for the administration of one or more
294	294	programs to promote state or local economic development and to
295	295	stimulate business and commercial activity in the district,
296	296	including programs to:
297	297	(1) make loans and grants of public money; and
298	298	(2) provide district personnel and services.
299	299	Sec. 3862.105. STRATEGIC PARTNERSHIP AGREEMENT. The
300	300	district may negotiate and enter into a written strategic
301	301	partnership with the city under Section 43.0751, Local Government
302	302	Code. A power granted to the district under this chapter may be
303	303	restricted or prohibited by the terms and conditions of an
304	304	agreement between the city and the district under this section.
305	305	Sec. 3862.106. LIMITED EMINENT DOMAIN. (a) The district
306	306	may exercise the power of eminent domain under Section 49.222,
307	307	Water Code.
308	308	(b) The district may not exercise the power of eminent
309	309	domain outside the district boundaries to acquire:
310	310	(1) a site for a water treatment plant, water storage
311	311	facility, wastewater treatment plant, or wastewater disposal
312	312	plant; or
313	313	(2) a recreational facility as defined by Section
314	314	49.462, Water Code.
315	315	Sec. 3862.107. ANNEXATION OR EXCLUSION OF LAND BY DISTRICT.
316	316	(a) The district may annex land as provided by Subchapter J,
317	317	Chapter 49, Water Code.
318	318	(b) The district may exclude land as provided by Subchapter
319	319	J, Chapter 49, Water Code. Section 375.044(b), Local Government
320	320	Code, does not apply to the district.
321	321	Sec. 3862.108. SUITS. The district may not be a voluntary
322	322	party to any suit against the city by a district resident or a
323	323	person who owns property in the district unless the district has
324	324	standing to bring the suit.
325	325	[Sections 3862.109-3862.150 reserved for expansion]
326	326	SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
327	327	Sec. 3862.151. PUBLIC TRANSIT SYSTEM. (a) The district may
328	328	acquire, lease as lessor or lessee, construct, develop, own,
329	329	operate, and maintain a public transit system to serve the area
330	330	within the boundaries of the district.
331	331	(b) The district may contract with a regional transit
332	332	authority for the provision of a public transit system and public
333	333	transit services.
334	334	Sec. 3862.152. PARKING FACILITIES AUTHORIZED; OPERATION BY
335	335	PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire, lease
336	336	as lessor or lessee, construct, develop, own, operate, and maintain
337	337	parking facilities or a system of parking facilities, including:
338	338	(1) lots, garages, parking terminals, or other
339	339	structures or accommodations for parking motor vehicles off the
340	340	streets; and
341	341	(2) equipment, entrances, exits, fencing, and other
342	342	accessories necessary for safety and convenience in parking
343	343	vehicles.
344	344	(b) A parking facility of the district may be leased to or
345	345	operated for the district by an entity other than the district.
346	346	(c) The district's parking facilities are a program
347	347	authorized by the legislature under Section 52-a, Article III,
348	348	Texas Constitution.
349	349	(d) The district's parking facilities serve the public
350	350	purposes of the district and are owned, used, and held for a public
351	351	purpose even if leased or operated by a private entity for a term of
352	352	years.
353	353	(e) The district's parking facilities and any lease to a
354	354	private entity are exempt from the payment of ad valorem taxes and
355	355	state and local sales and use taxes.
356	356	Sec. 3862.153. RULES. The district may adopt rules
357	357	covering its public transit system or its parking facilities.
358	358	Sec. 3862.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR
359	359	PARKING FACILITIES. (a) The district may use any of its resources,
360	360	including revenue, assessments, taxes, or grant or contract
361	361	proceeds, to pay the cost of acquiring or operating a public transit
362	362	system or parking facilities.
363	363	(b) The district may:
364	364	(1) set, charge, impose, and collect fees, charges, or
365	365	tolls for the use of the public transit system or the parking
366	366	facilities; and
367	367	(2) issue bonds or notes to finance the cost of these
368	368	facilities.
369	369	[Sections 3862.155-3862.200 reserved for expansion]
370	370	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
371	371	Sec. 3862.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
372	372	board by resolution shall establish the number of directors'
373	373	signatures and the procedure required for a disbursement or
374	374	transfer of the district's money.
375	375	Sec. 3862.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
376	376	The district may acquire, construct, finance, operate, or maintain
377	377	any improvement or service authorized under this chapter or Chapter
378	378	375, Local Government Code, using any money available to the
379	379	district.
380	380	Sec. 3862.203. PETITION REQUIRED FOR FINANCING SERVICES AND
381	381	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
382	382	service or improvement project with assessments under this chapter
383	383	unless a written petition requesting that service or improvement
384	384	has been filed with the board.
385	385	(b) A petition filed under Subsection (a) must be signed by
386	386	the owners of a majority of the assessed value of real property in
387	387	the district subject to assessment according to the most recent
388	388	certified tax appraisal roll for the county.
389	389	Sec. 3862.204. METHOD OF NOTICE FOR HEARING. The district
390	390	may mail the notice required by Section 375.115(c), Local
391	391	Government Code, by certified or first class United States mail.
392	392	The board shall determine the method of notice.
393	393	Sec. 3862.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
394	394	The board by resolution may impose and collect an assessment for any
395	395	purpose authorized by this chapter in all or any part of the
396	396	district.
397	397	(b) An assessment, a reassessment, or an assessment
398	398	resulting from an addition to or correction of the assessment roll
399	399	by the district, penalties and interest on an assessment or
400	400	reassessment, an expense of collection, and reasonable attorney's
401	401	fees incurred by the district:
402	402	(1) are a first and prior lien against the property
403	403	assessed;
404	404	(2) are superior to any other lien or claim other than
405	405	a lien or claim for county, school district, or municipal ad valorem
406	406	taxes; and
407	407	(3) are the personal liability of and a charge against
408	408	the owners of the property even if the owners are not named in the
409	409	assessment proceedings.
410	410	(c) The lien is effective from the date of the board's
411	411	resolution imposing the assessment until the date the assessment is
412	412	paid. The board may enforce the lien in the same manner that the
413	413	board may enforce an ad valorem tax lien against real property.
414	414	(d) The board may make a correction to or deletion from the
415	415	assessment roll that does not increase the amount of assessment of
416	416	any parcel of land without providing notice and holding a hearing in
417	417	the manner required for additional assessments.
418	418	Sec. 3862.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
419	419	ASSESSMENTS. The district may not impose an impact fee or
420	420	assessment on the property, including the equipment,
421	421	rights-of-way, facilities, or improvements, of:
422	422	(1) an electric utility or a power generation company
423	423	as defined by Section 31.002, Utilities Code;
424	424	(2) a gas utility as defined by Section 101.003 or
425	425	121.001, Utilities Code;
426	426	(3) a telecommunications provider as defined by
427	427	Section 51.002, Utilities Code; or
428	428	(4) a person who provides to the public cable
429	429	television or advanced telecommunications services.
430	430	Sec. 3862.207. RESIDENTIAL PROPERTY. Section 375.161,
431	431	Local Government Code, does not apply to the district.
432	432	Sec. 3862.208. OPERATION AND MAINTENANCE TAX. (a) If
433	433	authorized at an election held in accordance with Section 3862.213,
434	434	the district may impose an operation and maintenance tax on taxable
435	435	property in the district in accordance with Section 49.107, Water
436	436	Code, for any district purpose, including to:
437	437	(1) maintain and operate the district;
438	438	(2) construct or acquire improvements; or
439	439	(3) provide a service.
440	440	(b) The board shall determine the tax rate. The rate may not
441	441	exceed the rate approved at the election.
442	442	Sec. 3862.209. CONTRACT TAXES. (a) In accordance with
443	443	Section 49.108, Water Code, the district may impose a tax other than
444	444	an operation and maintenance tax and use the revenue derived from
445	445	the tax to make payments under a contract after the provisions of
446	446	the contract have been approved by a majority of the district voters
447	447	voting at an election held for that purpose.
448	448	(b) A contract approved by the district voters may contain a
449	449	provision stating that the contract may be modified or amended by
450	450	the board without further voter approval.
451	451	Sec. 3862.210. AUTHORITY TO ISSUE BONDS. (a) The district
452	452	by competitive bid may issue bonds, notes, or other obligations
453	453	payable wholly or partly from ad valorem taxes, assessments, impact
454	454	fees, revenue, grants, or other money of the district, or any
455	455	combination of those sources of money, to pay for any authorized
456	456	district purpose.
457	457	(b) The limitation on the outstanding principal amount of
458	458	bonds, notes, and other obligations provided by Section 49.4645,
459	459	Water Code, does not apply to the district.
460	460	Sec. 3862.211. CITY APPROVAL OF DISTRICT BONDS. (a) Not
461	461	later than the 30th day before the first publication of notice of
462	462	the sale of a district bond, the district shall provide to the city,
463	463	as applicable:
464	464	(1) a copy of the district's application to the Texas
465	465	Commission on Environmental Quality for approval of the bond sale;
466	466	(2) a copy of the staff memorandum from the Texas
467	467	Commission on Environmental Quality approving the projects and the
468	468	bonds;
469	469	(3) the proposed bond resolution;
470	470	(4) the preliminary official statement for the bond
471	471	sale;
472	472	(5) the bid form; and
473	473	(6) the notice of sale.
474	474	(b) The city may refuse to approve a bond sale only if the
475	475	city determines that issuance of the bonds would cause the district
476	476	to be substantially out of compliance with a material provision of a
477	477	written agreement between the district and the city under Sections
478	478	3862.010 and 3862.105, or any other written agreement with the city
479	479	pertaining to the district's creation or operation.
480	480	(c) The city shall notify the district of its refusal to
481	481	approve a bond sale under Subsection (b) not later than the 15th day
482	482	after the city receives the information provided under Subsection
483	483	(a), or the bond sale shall be considered to be approved by the
484	484	city.
485	485	(d) The district may not issue or sell a bond that the city
486	486	has timely refused to approve under this section.
487	487	Sec. 3862.212. TAXES FOR BONDS. At the time the district
488	488	issues bonds or other obligations payable wholly or partly from ad
489	489	valorem taxes, the board shall provide for the annual imposition of
490	490	a continuing direct ad valorem tax, without limit as to rate or
491	491	amount, while all or part of the bonds are outstanding as required
492	492	and in the manner provided by Sections 54.601 and 54.602, Water
493	493	Code.
494	494	Sec. 3862.213. ELECTIONS REGARDING TAXES AND BONDS. (a)
495	495	The district may issue, without an election, bonds, notes, and
496	496	other obligations secured by:
497	497	(1) revenue other than ad valorem taxes; or
498	498	(2) contract payments described by Section 3862.209.
499	499	(b) The district must hold an election in the manner
500	500	provided by Subchapter L, Chapter 375, Local Government Code, to
501	501	obtain voter approval before the district may impose an ad valorem
502	502	tax or sales and use tax or issue bonds payable from ad valorem
503	503	taxes.
504	504	(c) Section 375.243, Local Government Code, does not apply
505	505	to the district.
506	506	(d) All or any part of any facilities or improvements that
507	507	may be acquired by a district by the issuance of district bonds may
508	508	be included in one single proposition to be voted on at the election
509	509	or the bonds may be submitted in several propositions.
510	510	Sec. 3862.214. CITY NOT REQUIRED TO PAY DISTRICT
511	511	OBLIGATIONS. Except as provided by Section 375.263, Local
512	512	Government Code, the city is not required to pay a bond, note, or
513	513	other obligation of the district.
514	514	Sec. 3862.215. COMPETITIVE BIDDING. Subchapter I, Chapter
515	515	49, Water Code, applies to the district. Subchapter K, Chapter 375,
516	516	Local Government Code, does not apply to the district if the
517	517	district complies with the requirements of Section 375.222, Local
518	518	Government Code, as that section existed on January 1, 2009.
519	519	Sec. 3862.216. TAX AND ASSESSMENT ABATEMENTS. The district
520	520	may grant in the manner authorized by Chapter 312, Tax Code, an
521	521	abatement for a tax or assessment owed to the district.
522	522	Sec. 3862.217. TAX INCREMENT FINANCING POWERS. (a) The
523	523	district may designate all or any part of the district as a tax
524	524	increment reinvestment zone, and the district may use tax increment
525	525	financing under Chapter 311, Tax Code, in the manner provided by
526	526	that chapter for a municipality, except as modified by this
527	527	section.
528	528	(b) The district has all powers provided under Chapter 311,
529	529	Tax Code.
530	530	(c) The district and an overlapping taxing unit may enter
531	531	into an interlocal agreement for the payment of all or a portion of
532	532	the tax increment of the unit to the district.
533	533	(d) For the purpose of tax increment financing under this
534	534	section, the board functions as the board of directors of the
535	535	reinvestment zone. Section 311.009, Tax Code, does not apply to the
536	536	district.
537	537	[Sections 3862.218-3862.300 reserved for expansion]
538	538	SUBCHAPTER F. SALES AND USE TAX
539	539	Sec. 3862.301. MEANINGS OF WORDS AND PHRASES. Words and
540	540	phrases used in this subchapter that are defined by Chapters 151 and
541	541	321, Tax Code, have the meanings assigned by Chapters 151 and 321,
542	542	Tax Code.
543	543	Sec. 3862.302. APPLICABILITY OF CERTAIN TAX CODE
544	544	PROVISIONS. (a) Except as otherwise provided by this subchapter,
545	545	Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
546	546	apply to taxes imposed under this subchapter and to the
547	547	administration and enforcement of those taxes in the same manner
548	548	that those laws apply to state taxes.
549	549	(b) Chapter 321, Tax Code, relating to municipal sales and
550	550	use taxes applies to the application, collection, charge, and
551	551	administration of a sales and use tax imposed under this subchapter
552	552	to the extent consistent with this chapter, as if references in
553	553	Chapter 321, Tax Code, to a municipality referred to the district
554	554	and references to a governing body referred to the board.
555	555	(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
556	556	321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
557	557	apply to a tax imposed under this subchapter.
558	558	Sec. 3862.303. AUTHORIZATION; ELECTION. (a) The district
559	559	may adopt a sales and use tax to serve the purposes of the district
560	560	after an election in which a majority of the voters of the district
561	561	voting in the election authorize the adoption of the tax.
562	562	(b) The board by order may call an election to authorize a
563	563	sales and use tax. The election may be held with any other district
564	564	election.
565	565	(c) The district shall provide notice of the election and
566	566	hold the election in the manner prescribed by Section 3862.213.
567	567	(d) The ballots shall be printed to provide for voting for
568	568	or against the proposition: "Authorization of a sales and use tax
569	569	in the Austin Desired Development Zone Management District No. 1 at
570	570	a rate not to exceed _____ percent."
571	571	Sec. 3862.304. ABOLISHING SALES AND USE TAX. (a) Except as
572	572	provided in Subsection (b), the board may abolish the sales and use
573	573	tax without an election.
574	574	(b) The board may not abolish the sales and use tax if the
575	575	district has outstanding debt secured by the tax.
576	576	(c) Notwithstanding Subsection (b), a sales and use tax
577	577	adopted under this subchapter is automatically abolished on the
578	578	effective date of full-purpose annexation by the city of the
579	579	district.
580	580	Sec. 3862.305. SALES AND USE TAX RATE. (a) On adoption of
581	581	the tax authorized by this subchapter, there is imposed a tax on the
582	582	receipts from the sale at retail of taxable items in the district
583	583	and an excise tax on the use, storage, or other consumption in the
584	584	district of taxable items purchased, leased, or rented from a
585	585	retailer in the district during the period that the tax is in
586	586	effect.
587	587	(b) The board shall determine the rate of the tax, which may
588	588	be in one-eighth of one percent increments not to exceed the maximum
589	589	rate authorized by the district voters at the election. The board
590	590	may lower the tax rate to the extent it does not impair any
591	591	outstanding debt or obligations payable from the tax.
592	592	(c) The rate of the excise tax is the same as the rate of the
593	593	sales tax portion of the tax and is applied to the sales price of the
594	594	taxable item.
595	595	[Sections 3862.306-3862.350 reserved for expansion]
596	596	SUBCHAPTER G. HOTEL OCCUPANCY TAXES
597	597	Sec. 3862.351. HOTEL OCCUPANCY TAX. (a) In this section,
598	598	"hotel" has the meaning assigned by Section 156.001, Tax Code.
599	599	(b) For purposes of this section, a reference in Chapter
600	600	351, Tax Code, to a municipality is a reference to the district and
601	601	a reference in Chapter 351, Tax Code, to the municipality's
602	602	officers or governing body is a reference to the board.
603	603	(c) Except as inconsistent with this section, Subchapter A,
604	604	Chapter 351, Tax Code, governs a hotel occupancy tax authorized by
605	605	this section.
606	606	(d) The district may impose a hotel occupancy tax and use
607	607	the revenue from the tax for any district purpose that is an
608	608	authorized use of hotel occupancy tax revenue under Chapter 351,
609	609	Tax Code.
610	610	(e) The board by order may impose, repeal, increase, or
611	611	decrease the rate of a tax on a person who, under a lease,
612	612	concession, permit, right of access, license, contract, or
613	613	agreement, pays for the use or possession or for the right to the
614	614	use or possession of a room that:
615	615	(1) is in a hotel located in the district's boundaries;
616	616	(2) costs $2 or more each day; and
617	617	(3) is ordinarily used for sleeping.
618	618	(f) The amount of the tax may not exceed seven percent of the
619	619	price paid for a room in a hotel.
620	620	(g) The district may examine and receive information
621	621	related to the imposition of hotel occupancy taxes to the same
622	622	extent as if the district were a municipality.
623	623	(h) A hotel occupancy tax imposed under this subchapter is
624	624	automatically abolished on the effective date of full-purpose
625	625	annexation by the city of the district.
626	626	[Sections 3862.352-3862.400 reserved for expansion]
627	627	SUBCHAPTER H. DISSOLUTION
628	628	Sec. 3862.401. DISSOLUTION. (a) The district may not be
629	629	dissolved under Subchapter M, Chapter 375, Local Government Code,
630	630	or any other law that authorizes dissolution of the district unless
631	631	all of the district's outstanding debts and contractual obligations
632	632	payable from ad valorem taxes, sales and use taxes, assessments, or
633	633	other revenue sources are paid in full or payment is fully provided
634	634	for.
635	635	(b) If the conditions of Subsection (a) are satisfied, the
636	636	district may be dissolved by the affirmative vote of at least five
637	637	of the directors of the board. If the conditions of Subsection (a)
638	638	are satisfied after the district has been annexed into the city for
639	639	full purposes, the city may dissolve the district by the majority
640	640	vote of its governing body.
641	641	(c) Dissolution of the district shall be in accordance with
642	642	the terms and conditions of this section and of an agreement between
643	643	the landowner and the city under Section 3862.010.
644	644	(d) Sections 43.075 and 43.0715, Local Government Code, do
645	645	not apply to the district.
646	646	SECTION 2. Austin Desired Development Zone District No. 1
647	647	includes all territory contained in the following area:
648	648	A DESCRIPTION OF 326.322 ACRES IN THE SANTIAGO DEL VALLE
649	649	GRANT, THE GUILLERMO NUNEZ SURVEY NO. 502, AND THE BARBARA LOPEZ Y
650	650	MIRELEZ SURVEY NO. 503, IN TRAVIS COUNTY, TEXAS, BEING ALL OF A
651	651	25.304 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA
652	652	ACQUISITION INC., DATED JULY 23, 2008 AND RECORDED IN DOCUMENT NO.
653	653	2008124712 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
654	654	A PORTION OF A 138.540 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY
655	655	DEED TO JONA ACQUISITION INC., DATED MARCH 2, 2007 AND RECORDED IN
656	656	DOCUMENT NO. 2007038642 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
657	657	COUNTY, TEXAS, A PORTION OF A 20.807 ACRE TRACT DESCRIBED AS EXHIBIT
658	658	A-2 IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED
659	659	JANUARY 3, 2007 AND RECORDED IN DOCUMENT NO. 2007003159 OF THE
660	660	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
661	661	81.018 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA
662	662	ACQUISITION INC., DATED DECEMBER 12, 2006 AND RECORDED IN DOCUMENT
663	663	NO. 2006246454 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
664	664	TEXAS, A PORTION OF A 103.415 ACRE TRACT DESCRIBED IN A SPECIAL
665	665	WARRANTY DEED TO JONA ACQUISITION INC., DATED NOVEMBER 20, 2006 AND
666	666	RECORDED IN DOCUMENT NO. 2006224021 OF THE OFFICIAL PUBLIC RECORDS
667	667	OF TRAVIS COUNTY, TEXAS, ALL OF A 152.571 ACRE TRACT DESCRIBED IN A
668	668	SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED NOVEMBER 2,
669	669	2006 AND RECORDED IN DOCUMENT NO. 2006214522 OF THE OFFICIAL PUBLIC
670	670	RECORDS OF TRAVIS COUNTY, TEXAS, A ALL OF A 59.027 ACRE TRACT
671	671	DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC.,
672	672	DATED MARCH 2, 2007 AND RECORDED IN DOCUMENT NO. 2007038634 OF THE
673	673	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AND A PORTION OF
674	674	F.M. 1625, A FARM TO MARKET ROAD IN TRAVIS COUNTY, TEXAS HAVING A
675	675	RIGHT-OF-WAY WIDTH OF 80 FEET; SAID 326.322 ACRE TRACT BEING MORE
676	676	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
677	677	BEGINNING at a 1/2" rebar with "Chaparral Boundary" cap found
678	678	in the west right-of-way line of U.S. Highway 183 (right-of-way
679	679	width varies) for the northeast corner of said 25.304 acre tract,
680	680	same being the southeast corner of Lot 14, South 183 Park, a
681	681	subdivision of record in Volume 78, Page 253 of the Plat Records of
682	682	Travis County, Texas;
683	683	THENCE with the west right-of-way line of U.S. Highway 183,
684	684	same being the east line of said 25.304 acre tract, with a curve to
685	685	the left, having a radius of 5779.84 feet, a delta angle of 325'57",
686	686	an arc length of 346.27 feet, and a chord which bears South 0647'27"
687	687	West, a distance of 346.22 feet to a 1/2" rebar with "Chaparral
688	688	Boundary" cap found in the west right-of-way line of F.M. 1625 (80'
689	689	right-of-way) for an angle point in the east line of said 25.304
690	690	acre tract;
691	691	THENCE South 2705'32" West, with the west right-of-way line
692	692	of F.M. 1625, same being the east line of said 25.304 acre tract, a
693	693	distance of 312.55 feet to a 1/2" rebar with "Chaparral Boundary"
694	694	cap found for an angle point, same being the north corner of a 0.017
695	695	acre tract described in a right-of-way deed of record in Volume
696	696	1278, Page 455 of the Deed Records of Travis County, Texas;
697	697	THENCE South 3222'56" West, with the east line of said 25.304
698	698	acre tract, same being the west right-of-way line of F.M. 1625, also
699	699	being the west line of said 0.017 acre tract, a distance of 105.03
700	700	feet to a Mag nail with "Chaparral Boundary" washer found at the
701	701	southeast corner of said 25.304 acre tract, same being the
702	702	northeast corner of said 138.540 acre tract, also being the
703	703	southwest corner of said 0.017 acre tract;
704	704	THENCE with the west right-of-way line of F.M. 1625, same
705	705	being the southeast line of said 138.540 acre tract, the following
706	706	two (2) courses and distances:
707	707	1. South 3222'56" West, a distance of 3.43 feet to a
708	708	concrete highway monument found;
709	709	2. South 2705'32" West, a distance of 432.46 feet to a
710	710	calculated point for a south corner of said 138.540 acre tract, same
711	711	being the east corner of a 1.10 acre tract described in a deed of
712	712	record in Volume 12586, Page 40 of the Real Property Records of
713	713	Travis County, Texas, from which a 1/2" rebar found bears South
714	714	5247'09" East, a distance of 0.55 feet;
715	715	THENCE North 5247'09" West, with the south line of said
716	716	138.540 acre tract, same being the northeast line of said 1.10 acre
717	717	tract and the northeast line of a 1 acre tract described in a deed of
718	718	record in Volume 5869, Page 1058 of the Deed Records of Travis
719	719	County, Texas, a total distance of 427.83 feet to a 1/2" rebar with
720	720	"Chaparral Boundary" cap found at the northernmost corner of said 1
721	721	acre tract;
722	722	THENCE South 3000'39" West, continuing with the south line of
723	723	said 138.540 acre tract, same being the northwest line of said 1
724	724	acre tract, a distance of 250.26 feet to a 1/2" rebar found for the
725	725	westernmost corner of said 1 acre tract, same being an angle point
726	726	in the northeast line of said 20.807 acre tract;
727	727	THENCE South 5308'58" East, with the north line of said
728	728	20.807 acre tract, same being the south line of said 1 acre tract
729	729	and the south line of said 1.10 acre tract, a distance of 440.29
730	730	feet to a 1/2" rebar with "Chaparral Boundary" cap found in the west
731	731	right-of-way line of F.M. 1625, for the northeast corner of said
732	732	20.807 acre tract, same being the southeast corner of said 1.10 acre
733	733	tract;
734	734	THENCE with the west right-of-way line of F.M. 1625, same
735	735	being the east line of said 20.807 acre tract, the following three
736	736	(3) courses and distances:
737	737	1. South 2705'32" West, a distance of 28.03 feet to a 1/2"
738	738	rebar with "Chaparral Boundary" cap found;
739	739	2. South 2641'32" West, a distance of 410.29 feet to a
740	740	concrete highway monument found;
741	741	3. South 2711'23" West, a distance of 393.37 feet to a
742	742	calculated point in the north right-of-way line of Colton Bluff
743	743	Springs Road (apparent right-of-way width varies), for the
744	744	southeast corner of said 20.807 acre tract, from which a 1/2" rebar
745	745	found bears North 6115'38" West, a distance of 0.36 feet;
746	746	THENCE South 6248'37" East, departing the north right-of-way
747	747	line of Colton Bluff Springs Road, same being the west right-of-way
748	748	line of F.M. 1625, crossing F.M. 1625, at a distance of 80.00 feet
749	749	to a calculated point in the east right-of-way line of F.M. 1625,
750	750	same being the west line of said 59.027 acre tract;
751	751	THENCE North 2711'23" East, with the east right-of-way line
752	752	of F.M. 1625, same being the west line of said 59.027 acre tract, a
753	753	distance of 12.84 feet to a 1/2" rebar with "Chaparral Boundary" cap
754	754	found for the northwest corner of said 59.027 acre tract, same being
755	755	in the east right-of-way line of F.M. 1625, being also in the south
756	756	right-of-way line of McKenzie Road (60' right-of-way width);
757	757	THENCE with the north line of the 59.027 acre tract, same
758	758	being the south right-of-way line of McKenzie Road, the following
759	759	two (2) courses and distances:
760	760	1. South 6241'20" East, a distance of 908.70 feet to a 1"
761	761	iron pipe found;
762	762	2. South 3359'03" East, at a distance of 170.08 feet passing
763	763	a concrete highway monument found, and continuing for a total
764	764	distance of 171.70 feet to a 1/2" rebar with plastic "Chaparral
765	765	Boundary" cap found in the west right-of-way line of U.S. Highway
766	766	183, from which another concrete highway monument found bears South
767	767	5718'03" East, a distance of 126.01 feet;
768	768	THENCE South 410'14" East, with the west right-of-way line of
769	769	U.S. Highway 183, at a distance of 1888.95 feet passing a 1/2" rebar
770	770	with plastic "Chaparral Boundary" cap found, at the southeast
771	771	corner of said 59.027 acre tract, same being the northeast corner of
772	772	said 152.571 acre tract, and continuing with the east line of said
773	773	152.571 acre tract, same being the west right-of-way line of U.S.
774	774	Highway 183, for a total distance of 4697.45 feet to a 5/8" rebar
775	775	found at the southeast corner of said 152.571 acre tract, same being
776	776	the northeast corner of a 9.87 acre tract described in a deed of
777	777	record in Document No. 1999103744 of the Official Public Records of
778	778	Travis County, Texas, also being in the west right-of-way line of
779	779	U.S. Highway 183 (100' right-of-way width);
780	780	THENCE North 6243'22" West, with the south line of said
781	781	152.571 acre tract, same being the north lines of said 9.87 acre
782	782	tract, a 19.73 acre tract described in a deed of record in Volume
783	783	4054, Page 1326 of the Deed Records of Travis County, Texas, a 3.00
784	784	acre tract described in a deed of record in Volume 3978, Page 1205
785	785	of the Deed Records of Travis County, Texas, and a 1.00 acre tract
786	786	described in a deed of record in Volume 2100, Page 268 of the Deed
787	787	Records of Travis County, Texas, a distance of 3498.94 feet to a
788	788	1/2" rebar with plastic "Chaparral Boundary" cap found at the
789	789	southwest corner of said 152.571 acre tract, same being the
790	790	northwest corner of said 1.00 acre tract, also being in the
791	791	established east right-of-way line of F.M. 1625;
792	792	THENCE North 6243'22" West, departing the east right-of-way
793	793	line of F.M. 1625, crossing F.M. 1625, at a distance of 80.00 feet
794	794	to a calculated point in the west right-of-way line of F.M. 1625,
795	795	same being the east line of a 167.748 acre tract of land described
796	796	in Document No. 2006241307 of the Official Public Records of Travis
797	797	County, Texas;
798	798	THENCE North 2705'45" East, with the west right-of-way line
799	799	of F.M. 1625, same being the east line of said 167.748 acres tract,
800	800	the east line of a 0.1291 acre tract described in a deed of record
801	801	under Document No. 2001163489 of the Official Public Records of
802	802	Travis County, Texas, and the east line of said 103.415 acre tract,
803	803	a distance of 1721.97 feet to a calculated point;
804	804	THENCE crossing the said 167.748 acres tract, said 103.415
805	805	acre tract, said 81.018 acre tract, said 20.807 acre tract, said
806	806	138.540 acre tract, F.M. 1625, and Colton Bluff Springs Road the
807	807	following eleven (11) courses and distances:
808	808	1. North 6255'18" West, a distance of 582.76 feet to a
809	809	calculated point;
810	810	2. North 2704'42" East, a distance of 1111.80 feet to a
811	811	calculated point;
812	812	3. South 6255'18" East, a distance of 587.80 feet to a
813	813	calculated point;
814	814	4. North 2711'27" West, a distance of 173.86 feet to a
815	815	calculated point for a point of curvature to the left;
816	816	5. Following said curve to the left, having a radius of
817	817	1450.01 feet, a delta angle of 4832'03", an arc length of 1228.27
818	818	feet, and a chord which bears North 0255'25" East, a distance of
819	819	1191.88 feet to a calculated point;
820	820	6. North 2120'36" West, a distance of 811.55 feet to a
821	821	calculated point for a point of curvature to the right;
822	822	7. Following said curve to the left, having a radius of
823	823	500.00 feet, a delta angle of 4114'06", an arc length of 359.84
824	824	feet, and a chord which bears North 0043'33" West, a distance of
825	825	352.13 feet to a calculated point;
826	826	8. North 1953'30" East, a distance of 342.27 feet to a
827	827	calculated point for a point of curvature to the right;
828	828	9. Following said curve to the right, having a radius of
829	829	2003.01 feet, a delta angle of 2231'58", an arc length of 787.73
830	830	feet, and a chord which bears North 5850'31" West, a distance of
831	831	782.66 feet to a calculated point;
832	832	10. North 4734'32" West, a distance of 43.08 feet to a
833	833	calculated point;
834	834	11. North 2706'47" East, a distance of 3.11 feet to a 1/2"
835	835	iron pipe found for an angle point in the north line of said 138.540
836	836	acre tract, same being the southeast corner of a 380.080 acre tract
837	837	described in a deed of record in Volume 12791, Page 11 of the Real
838	838	Property Records of Travis County, Texas;
839	839	THENCE with the common line of said 138.540 acre tract and
840	840	said 380.080 acre tract, the following two (2) courses and
841	841	distances:
842	842	1. North 2706'47" East, a distance of 851.48 feet to a 3/4"
843	843	iron pipe found;
844	844	2. North 2908'56" East, a distance of 229.98 feet to a 1/2"
845	845	iron pipe found at the southwest corner of said 25.304 acre tract;
846	846	THENCE North 2645'01" East, with the west line of said 25.304
847	847	acre tract, same being the east line of said 380.080 acre tract, a
848	848	distance of 430.74 feet to a 1/2" rebar found at the northwest
849	849	corner of said 25.304 acre tract, same being the southwest corner of
850	850	Lot 8, South 183 Park, a subdivision of record in Volume 78, Page
851	851	253 of the Plat Records of Travis County, Texas;
852	852	THENCE South 4805'10" East, with the north line of said
853	853	25.304 acre tract, same being the south line of Lots 8 through 14
854	854	inclusive of said South 183 Park, at a distance of 2072.23 feet to
855	855	POINT OF BEGINNING, containing 326.322 acres of land, more or less.
856	856	SECTION 3. (a) The legislature finds that the development
857	857	or redevelopment in the area in the proposed Austin Desired
858	858	Development Zone District No. 1 would not occur solely through
859	859	private investment in the reasonably foreseeable future.
860	860	(b) The legislature further finds that the area in the
861	861	proposed Austin Desired Development Zone District No. 1 is
862	862	unproductive and underdeveloped and that the conditions
863	863	substantially arrest or impair the sound growth of the area, are an
864	864	economic or social liability, and present a menace to the public
865	865	health, safety, morals, or welfare.
866	866	SECTION 4. (a) The legal notice of the intention to
867	867	introduce this Act, setting forth the general substance of this
868	868	Act, has been published as provided by law, and the notice and a
869	869	copy of this Act have been furnished to all persons, agencies,
870	870	officials, or entities to which they are required to be furnished
871	871	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
872	872	Government Code.
873	873	(b) The governor, one of the required recipients, has
874	874	submitted the notice and Act to the Texas Commission on
875	875	Environmental Quality.
876	876	(c) The Texas Commission on Environmental Quality has filed
877	877	its recommendations relating to this Act with the governor,
878	878	lieutenant governor, and speaker of the house of representatives
879	879	within the required time.
880	880	(d) The general law relating to consent by political
881	881	subdivisions to the creation of districts with conservation,
882	882	reclamation, and road powers and the inclusion of land in those
883	883	districts has been complied with.
884	884	(e) All requirements of the constitution and laws of this
885	885	state and the rules and procedures of the legislature with respect
886	886	to the notice, introduction, and passage of this Act have been
887	887	fulfilled and accomplished.
888	888	SECTION 5. This Act takes effect immediately if it receives
889	889	a vote of two-thirds of all the members elected to each house, as
890	890	provided by Section 39, Article III, Texas Constitution. If this
891	891	Act does not receive the vote necessary for immediate effect, this
892	892	Act takes effect September 1, 2009.