Texas 2009 - 81st Regular

Texas Senate Bill SB2547 Compare Versions

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

Old	New	Differences
1	1	81R16269 GCB-F
2	2	By: Wentworth S.B. No. 2547
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. 3; 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 3901 to read as follows:
13	13	CHAPTER 3901. AUSTIN DESIRED DEVELOPMENT ZONE DISTRICT NO. 3
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3901.001. 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. 3.
22	22	Sec. 3901.002. NATURE OF DISTRICT. The district is a special
23	23	district created under Section 59, Article XVI, Texas Constitution.
24	24	Sec. 3901.003. 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. 3901.004. 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. 3901.005. INITIAL DISTRICT TERRITORY. (a) The
74	74	district is initially composed of the territory described by
75	75	Section 2 of the Act creating this chapter.
76	76	(b) The boundaries and field notes contained in Section 2 of
77	77	the Act creating 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. 3901.006. 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. 3901.007. 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. 3901.008. 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. 3901.009. 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. 3901.010. CONSENT OF MUNICIPALITY REQUIRED. (a) The
106	106	temporary directors may not hold an election under Section 3901.009
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 3901.011-3901.050 reserved for expansion]
127	127	SUBCHAPTER B. BOARD OF DIRECTORS
128	128	Sec. 3901.051. 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	3901.053.
132	132	(b) Except as provided by Section 3901.052, 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 3901.053 shall begin on the date the four
137	137	permanent directors are elected under Section 3901.009. The
138	138	initial directors shall determine their terms as provided by
139	139	Section 49.102(h), Water Code.
140	140	Sec. 3901.052. 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 3901.009; 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 3901.009 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 3901.009; 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. 3901.053. 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. 3901.054. 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 3901.053(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 3901.052 or 3901.053(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. 3901.055. 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 3901.053 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. 3901.056. 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. 3901.057. 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 3901.058-3901.100 reserved for expansion]
229	229	SUBCHAPTER C. POWERS AND DUTIES
230	230	Sec. 3901.101. 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 552, 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. 3901.102. 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. 3901.103. 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. 3901.104. 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. 3901.105. 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. 3901.106. 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. 3901.107. 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. 3901.108. 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 3901.109-3901.150 reserved for expansion]
326	326	SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
327	327	Sec. 3901.151. 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. 3901.152. 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. 3901.153. RULES. The district may adopt rules
357	357	covering its public transit system or its parking facilities.
358	358	Sec. 3901.154. 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 3901.155-3901.200 reserved for expansion]
370	370	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
371	371	Sec. 3901.201. 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. 3901.202. 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. 3901.203. 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. 3901.204. 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. 3901.205. 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. 3901.206. 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. 3901.207. RESIDENTIAL PROPERTY. Section 375.161,
431	431	Local Government Code, does not apply to the district.
432	432	Sec. 3901.208. OPERATION AND MAINTENANCE TAX. (a) If
433	433	authorized at an election held in accordance with Section 3901.213,
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. 3901.209. 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. 3901.210. 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. 3901.211. 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	3901.010 and 3901.105, 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. 3901.212. 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. 3901.213. 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 3901.209.
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. 3901.214. 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. 3901.215. 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. 3901.216. 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. 3901.217. 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 3901.218-3901.300 reserved for expansion]
538	538	SUBCHAPTER F. SALES AND USE TAX
539	539	Sec. 3901.301. 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. 3901.302. 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. 3901.303. 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 3901.213.
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. 3 at
570	570	a rate not to exceed _____ percent."
571	571	Sec. 3901.304. 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. 3901.305. 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 3901.306-3901.350 reserved for expansion]
596	596	SUBCHAPTER G. HOTEL OCCUPANCY TAXES
597	597	Sec. 3901.351. 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 3901.352-3901.400 reserved for expansion]
627	627	SUBCHAPTER H. DISSOLUTION
628	628	Sec. 3901.401. 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 3901.010.
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. 3
647	647	includes all territory contained in the following area:
648	648	A DESCRIPTION OF 751.054 ACRES IN THE SANTIAGO DEL VALLE
649	649	GRANT IN TRAVIS COUNTY, TEXAS, BEING ALL OF 37.306 ACRE TRACT AND AN
650	650	18.810 ACRE TRACT DESCRIBED AS PART 1 AND PART 2 IN A SPECIAL
651	651	WARRANTY DEED TO JONA ACQUISITION INC., DATED OCTOBER 26, 2006 AND
652	652	RECORDED IN DOCUMENT NO. 2006209327 OF THE OFFICIAL PUBLIC RECORDS
653	653	OF TRAVIS COUNTY, TEXAS, ALL OF A 6.934 ACRE TRACT DESCRIBED IN A
654	654	SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED OCTOBER 26,
655	655	2006 AND RECORDED IN DOCUMENT NO. 2006209330 OF THE OFFICIAL PUBLIC
656	656	RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF AN 82.844 ACRE TRACT, A
657	657	PORTION OF A 20.807 ACRE TRACT, AND ALL OF A 25.735 ACRE TRACT
658	658	DESCRIBED AS EXHIBIT A-1, A-2, AND A-3 IN A SPECIAL WARRANTY DEED TO
659	659	JONA ACQUISITION INC., DATED JANUARY 3, 2007 AND RECORDED IN
660	660	DOCUMENT NO. 2007003159 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
661	661	COUNTY, TEXAS, ALL OF AN 89.256 ACRE TRACT AND A 2.731 ACRE TRACT
662	662	DESCRIBED AS TRACT 1 AND TRACT 2 IN A SPECIAL WARRANTY DEED TO JONA
663	663	ACQUISITION INC., DATED JULY 9, 2007 AND RECORDED IN DOCUMENT NO.
664	664	2007126375 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
665	665	ALL OF A 61.071 ACRE, A PORTION OF A 67.339 ACRE TRACT DESCRIBED AS
666	666	TRACT 1 AND TRACT 2 IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION
667	667	INC., DATED NOVEMBER 7, 2007 AND RECORDED IN DOCUMENT NO.
668	668	2007204509 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
669	669	A PORTION OF A 138.540 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY
670	670	DEED TO JONA ACQUISITION INC., DATED MARCH 2, 2007 AND RECORDED IN
671	671	DOCUMENT NO. 2007038642 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
672	672	COUNTY, TEXAS, A PORTION OF AN 81.018 ACRE TRACT DESCRIBED IN A
673	673	SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 12,
674	674	2006 AND RECORDED IN DOCUMENT NO. 2006246454 OF THE OFFICIAL PUBLIC
675	675	RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 198.302 ACRE TRACT
676	676	DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC.,
677	677	DATED DECEMBER 20, 2006 AND RECORDED IN DOCUMENT NO. 2006244772 OF
678	678	THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
679	679	232.233 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED WITH
680	680	VENDOR'S LIEN TO JONA ACQUISITION INC., DATED JANUARY 8, 2009 AND
681	681	RECORDED IN DOCUMENT NO. 2009003190 OF THE OFFICIAL PUBLIC RECORDS
682	682	OF TRAVIS COUNTY, TEXAS, All OF A 8.282 ACRE TRACT DESCRIBED IN A
683	683	SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO JONA ACQUISITION INC.,
684	684	DATED JANUARY 8, 2009 AND RECORDED IN DOCUMENT NO. 2009003078 OF THE
685	685	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
686	686	42.558 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA
687	687	ACQUISITION INC., DATED MAY 16, 2008 AND RECORDED IN DOCUMENT NO.
688	688	2008083861 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
689	689	A PORTION OF A 20.005 ACRE TRACT DESCRIBED IN A WARRANTY DEED WITH
690	690	VENDOR'S LIEN TO JOHN T. HALDENSTEIN AND JOSHUA N. HALDENSTEIN,
691	691	DATED DECEMBER 14, 2000 AND RECORDED IN DOCUMENT NO. 2000203669 OF
692	692	THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF
693	693	LOT A HARRY REININGER SUBDIVISION, A SUBDIVISION OF RECORD IN
694	694	VOLUME 65, PAGE 47 OF THE PLAT RECORDS OF TRAVIS COUNTY TEXAS,
695	695	CONVEYED TO JOHN HALDENSTEIN & RUTH HALDENSTEIN IN WARRANTY DEED
696	696	WITH VENDOR'S LIEN DATED SEPTEMBER 29, 2000 AND RECORDED IN
697	697	DOCUMENT NO. 2000161977 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
698	698	COUNTY TEXAS, A PORTION OF F.M. 1625, A FARM TO MARKET ROAD IN
699	699	TRAVIS COUNTY, TEXAS HAVING A RIGHT-OF-WAY WIDTH OF 80 FEET, AND A
700	700	PORTION OF COLTON BLUFF SPRINGS ROAD, A PUBLIC ROAD IN TRAVIS
701	701	COUNTY, TEXAS HAVING A RIGHT-OF-WAY OF VARIABLE WIDTH; SAID 751.054
702	702	ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
703	703	FOLLOWS:
704	704	BEGINNING at a 1/2" rebar found at the intersection of the
705	705	north right-of-way line of Colton Bluff Springs Road (right-of-way
706	706	width varies) and the east right-of-way line of McKinney Falls
707	707	Parkway (right-of-way width varies), same being the southwest
708	708	corner of said 56.116 acre tract, further being the southwest
709	709	corner of Part 2 of said 56.116 acre tract, being described in two
710	710	parts in said Documents 2006209327 and 2006209329;
711	711	THENCE with the east right-of-way line of McKinney Falls
712	712	Parkway, same being the west line of said Part 2, the following
713	713	eight (8) courses and distances:
714	714	1. North 2721'06" East, a distance of 512.58 feet to a 1/2"
715	715	rebar with plastic "Chaparral Boundary" cap found;
716	716	2. North 2733'21" East, a distance of 469.00 feet to a 1/2"
717	717	rebar found;
718	718	3. North 3128'32" East, a distance of 250.68 feet to a 1/2"
719	719	rebar with plastic "Chaparral Boundary" cap found;
720	720	4. North 3658'44" East, a distance of 152.12 feet to a 1/2"
721	721	rebar with plastic "Chaparral Boundary" cap found;
722	722	5. North 2730'59" East, a distance of 100.03 feet to a 1/2"
723	723	rebar with plastic "Chaparral Boundary" cap found;
724	724	6. North 1049'02" East, a distance of 52.22 feet to a 1/2"
725	725	rebar with plastic "Chaparral Boundary" cap found;
726	726	7. North 2730'59" East, a distance of 144.75 feet to a 1/2"
727	727	rebar with plastic "Chaparral Boundary" cap found;
728	728	8. North 7230'59" East, a distance of 38.19 feet to a 1/2"
729	729	rebar found at the northwest corner of said Part 2, same being in
730	730	the south line of a Street Dedication of record in Volume 9769, Page
731	731	505 of the Real Property Records of Travis County, Texas;
732	732	THENCE with the south line of said Street Dedication, same
733	733	being the north line of said Part 2, the following two (2) courses
734	734	and distances:
735	735	1. South 6235'22" East, a distance of 511.46 feet to a 1/2"
736	736	rebar with plastic "Chaparral Boundary" cap found;
737	737	2. With a curve to the left, having a radius of 1456.55 feet,
738	738	a delta angle of 1602'42", an arc length of 407.89 feet, and a chord
739	739	which bears South 7036'42" East, a distance of 406.56 feet to a 1/2"
740	740	rebar with plastic "Chaparral Boundary" cap found at the northeast
741	741	corner of said Part 2, same being the southeast corner of said
742	742	Street Dedication, also being in the west line of said 25.735 acre
743	743	tract;
744	744	THENCE North 2756'44" East, with the east line of said Street
745	745	Dedication, same being the west line of said 25.735 acre tract, a
746	746	distance of 125.71 feet to a 1/2" rebar with plastic "Chaparral
747	747	Boundary" cap found at the northeast corner of said Street
748	748	Dedication, same being the southeast corner of Part 1 of said 56.116
749	749	acre tract;
750	750	THENCE with the north line of said Street Dedication, same
751	751	being the south line of said Part 1, the following two (2) courses
752	752	and distances:
753	753	1. With a curve to the right, having a radius of 1336.55
754	754	feet, a delta angle of 1734'58", an arc length of 410.16 feet, and a
755	755	chord which bears North 7122'51" West, a distance of 408.55 feet to
756	756	a 1/2" rebar with plastic "Chaparral Boundary" cap found;
757	757	2. North 6235'22" West, a distance of 511.90 feet to a 1/2"
758	758	rebar found in the east right-of-way line of McKinney Falls
759	759	Parkway, same being the southwest corner of said Part 1;
760	760	THENCE with the east right-of-way line of McKinney Falls
761	761	Parkway, same being the west line of said Part 1, the following
762	762	three (3) courses and distances:
763	763	1. North 1727'12" West, a distance of 16.96 feet to a 1/2"
764	764	rebar with plastic "Chaparral Boundary" cap found;
765	765	2. North 2732'48" East, a distance of 696.37 feet to a 1/2"
766	766	rebar with plastic "Chaparral Boundary" cap found;
767	767	3. North 2538'36" East, a distance of 302.02 feet to a 1/2"
768	768	rebar with plastic "Chaparral Boundary" cap found at the northwest
769	769	corner of said Part 1, same being in the south line of said 6.934
770	770	acre tract;
771	771	THENCE continuing with the east right-of-way line of McKinney
772	772	Falls Parkway, same being the south and west lines of said 6.934
773	773	acre tract, the following two (2) courses and distances:
774	774	1. North 4813'16" West, a distance of 15.47 feet to a 1/2"
775	775	rebar with plastic "Chaparral Boundary" cap found at the southwest
776	776	corner of said 6.934 acre tract;
777	777	2. North 2731'46" East, a distance of 192.99 feet to a
778	778	calculated point for the northwest corner of said 6.934 acre tract,
779	779	same being the southwest corner of a 6.924 acre tract described in a
780	780	deed of record in Volume 12861, Page 391 of the Real Property
781	781	Records of Travis County, Texas;
782	782	THENCE South 4813'04" East, with the north line of said 6.934
783	783	acre tract, same being the south line of said 6.924 acre tract, at a
784	784	distance of 0.20 feet passing a 1/2" rebar found, and continuing for
785	785	a total distance of 1617.68 feet to a 1/2" rebar found at the
786	786	northeast corner of said 6.934 acre tract, same being the southeast
787	787	corner of said 6.924 acre tract, also being in the west line of said
788	788	89.256 acre tract;
789	789	THENCE North 2809'l3" East, with the west line of said 89.256
790	790	acre tract, same being the east line of said 6.924 acre tract and
791	791	the east line of a two acre tract described in a deed of record in
792	792	Volume 6757, Page 601 of the Deed Records of Travis County, Texas,
793	793	being also the east line of a 6.997 acre tract described in a deed of
794	794	record in Document No. 2006063521 of the Official Public Records of
795	795	Travis County, Texas, a distance of 576.68 feet to a 1/2" rebar with
796	796	cap found at the northwest corner of said 89.256 acre tract, same
797	797	being the northeast corner of said 6.997 acre tract, also being in
798	798	the south line of Myrtle - 29 Ac., D. G. Collins Estate, a
799	799	subdivision of record in Volume 3, Page 220 of the Plat Records of
800	800	Travis County, Texas;
801	801	THENCE South 4806'08" East, with the north line of said
802	802	89.256 acre tract, same being the south line of said Myrtle - 29 Ac.
803	803	and the south line of John B. 18 Ac., D. G. Collins Estate, a
804	804	distance of 1231.54 feet to a 1/2" rebar found at the northeast
805	805	corner of said 89.256 acre tract, same being the northwest corner of
806	806	said 82.844 acre tract, also being in the south line of said John B.
807	807	18 Ac.;
808	808	THENCE South 4820'11" East, with the north line of said
809	809	82.844 acre tract, same being the south line of said John B. 18 Ac.,
810	810	the south line of John B. 11.50 Ac., D. G. Collins Estate, and the
811	811	south line of a 52.418 acre tract described in a deed of record in
812	812	Document No. 2004080843 of the Official Public Records of Travis
813	813	County, Texas, a distance of 1354.84 feet to a 1/2" rebar found at
814	814	the northeast corner of said 82.844 acre tract, same being the
815	815	northwest corner of a 2.899 acre tract described in said Document
816	816	No. 2004080843, also being in the south line of said 52.418 acre
817	817	tract;
818	818	THENCE with the east line of said 82.844 acre tract, same
819	819	being the west line of said 2.899 acre tract, the following four (4)
820	820	courses and distances:
821	821	1. South 2702'48" West, a distance of 87.42 feet to a 1/2"
822	822	rebar found;
823	823	2. South 2805'48" West, a distance of 57.15 feet to a 1/2"
824	824	rebar found;
825	825	3. South 2628'48" West, a distance of 262.67 feet to a 1/2"
826	826	rebar found;
827	827	4. South 2658'48" West, a distance of 2126.73 feet to a 1/2"
828	828	rebar found at the southeast corner of said 82.844 acre tract, same
829	829	being the southwest corner of said 2.899 acre tract, also being in
830	830	the north right-of-way line of Colton Bluff Springs Road,
831	831	THENCE South 6334'23" East, with the north right-of-way line
832	832	of Colton Bluff Springs Road, same being the south line of said
833	833	2.899 acre tract, a distance of 49.99 feet to a 1/2" rebar found for
834	834	the southeast corner of said 2.899 acre tract, same being the
835	835	southwest corner of said 61.071 acre tract;
836	836	THENCE North 2658'22" East, with the west line of said 61.071
837	837	acre tract, same being the east line of said 2.899 acre tract, a
838	838	distance of 2520.59 feet to 1/2" rebar found for the northwest
839	839	corner of said 61.071 acre tract, same being the northeast corner of
840	840	said 2.899 acre tract, being also in the south line of said 52.418
841	841	acre tract;
842	842	THENCE South 4755'49" East, with the north line of said
843	843	61.071 acre tract, same being the south line of said 52.418 acre
844	844	tract, a distance of 467.09 feet to a 1/2" rebar found at the
845	845	southeast corner of said 52.418 acre tract, same being the
846	846	southwest corner of a 26.57 acre tract described in a deed of record
847	847	in Volume 2814, Page 127 of the Deed Records of Travis County,
848	848	Texas;
849	849	THENCE South 4639'23" East, continuing with the north line of
850	850	said 61.071 acre tract, same being the south line of said 26.57 acre
851	851	tract, the south line of a 29.02 acre tract described in a deed of
852	852	record in Volume 7967, Page 611 of the Deed Records of Travis
853	853	County, Texas, and the south line of a 380.080 acre tract described
854	854	in a deed of record in Volume 12791, Page 11 of the Real Property
855	855	Records of Travis County, Texas, a distance of 712.33 feet to a 1/2"
856	856	rebar with "Chaparral Boundary" cap found at the northeast corner
857	857	of said 61.071 acre tract, same being a southwest corner of the said
858	858	380.080 acre tract;
859	859	THENCE South 2638'45" West, with the east line of said 61.071
860	860	acre tract, same being the west line of said 380.080 acre tract, a
861	861	distance of 120.93 feet to a 3/4" iron pipe found at the southwest
862	862	corner of said 380.080 acre tract, same being the northwest corner
863	863	of said 138.540 acre tract;
864	864	THENCE with the common line of said 138.540 acre tract and
865	865	said 380.080 acre tract, the following two (2) courses and
866	866	distances:
867	867	1. South 4744'05" East, a distance of 309.95 feet to a 3/4"
868	868	iron pipe found;
869	869	2. South 4734'32" East, a distance of 2606.84 feet to a 1/2"
870	870	iron pipe found;
871	871	THENCE crossing said 138.540 acre tract, said 20.807 acre
872	872	tract, said 81.018 acre tract, said 67.339 acre tract, said 198.302
873	873	acre tract, said 232.233 acre tract, said 37.390 acre tract, said
874	874	42.558 acre tract, said 20.005 acre tract, said Lot A, Harry
875	875	Reininger Subdivision, said F.M. 1625, and Colton Bluff Springs
876	876	Road the following thirty-four (34) courses and distances:
877	877	1. South 2706'46" West, a distance of 3.11 feet to a
878	878	calculated point;
879	879	2. South 4734'32" East, a distance of 43.08 feet to a
880	880	calculated point for a point of curvature to the left;
881	881	3. Following said curve to the left, having a radius of
882	882	2003.01 feet, a delta angle of 2231'58", an arc length of 787.73
883	883	feet, and a chord which bears South 5850'31" East, a distance of
884	884	782.66 feet to a calculated point;
885	885	4. South 1953'30" West, a distance of 342.27 feet to a
886	886	calculated point for a point of curvature to the left;
887	887	5. Following said curve to the left, having a radius of
888	888	500.00 feet, a delta angle of 4114'06", an arc length of 359.84
889	889	feet, and a chord which bears South 0043'33" East, a distance of
890	890	352.13 feet to a calculated point;
891	891	6. South 2120'36" East, a distance of 811.55 feet to a
892	892	calculated point for a point of curvature to the right;
893	893	7. Following said curve to the right, having a radius of
894	894	1450.01 feet, a delta angle of 4832'03", an arc length of 1228.27
895	895	feet, and a chord which bears South 0255'25" West, a distance of
896	896	1191.88 feet to a calculated point;
897	897	8. South 2711'27" West, a distance of 173.86 feet to a
898	898	calculated point;
899	899	9. North 6255'18" West, a distance of 587.80 feet to a
900	900	calculated point;
901	901	10. North 2704'42" East, a distance of 84.03 feet to a
902	902	calculated point;
903	903	11. North 6255'18" West, a distance of 7.00 feet to a
904	904	calculated point for a point of curvature to the left;
905	905	12. Following said curve to the left, having a radius of
906	906	668.00 feet, a delta angle of 9000'00", an arc length of 1049.30
907	907	feet, and a chord which bears North 1755'18" West, a distance of
908	908	944.70 feet to a calculated point;
909	909	13. North 6255'18" West, a distance of 878.22 feet to a
910	910	calculated point for a point of curvature to the right;
911	911	14. Following said curve to the right, having a radius of
912	912	782.00 feet, a delta angle of 3006'07", an arc length of 410.85
913	913	feet, and a chord which bears North 4752'15" West, a distance of
914	914	406.14 feet to a calculated point;
915	915	15. North 3249'11" West, a distance of 345.55 feet to a
916	916	calculated point for a point of curvature to the left;
917	917	16. Following said curve to the left, having a radius of
918	918	720.83 feet, a delta angle of 2051'58", an arc length of 262.52
919	919	feet, and a chord which bears North 4312'50" West, a distance of
920	920	261.07 feet to a calculated point;
921	921	17. North 5338'49" West, a distance of 589.06 feet to a
922	922	calculated point for a point of curvature to the right;
923	923	18. Following said curve to the right, having a radius of
924	924	434.00 feet, a delta angle of 1637'02", an arc length of 125.87
925	925	feet, and a chord which bears North 4520'18" West, a distance of
926	926	125.43 feet to a calculated point;
927	927	19. North 3701'48" West, a distance of 185.80 feet to a
928	928	calculated point for a point of curvature to the left;
929	929	20. Following said curve to the left, having a radius of
930	930	923.51 feet, a delta angle of 1415'58", an arc length of 229.94
931	931	feet, and a chord which bears North 4409'47" West, a distance of
932	932	229.35 feet to a calculated point;
933	933	21. North 5117'46" West, a distance of 107.66 feet to a
934	934	calculated point for a point of curvature to the right;
935	935	22. Following said curve to the right, having a radius of
936	936	1226.51 feet, a delta angle of 1603'46", an arc length of 343.85
937	937	feet, and a chord which bears North 4315'53" West, a distance of
938	938	342.73 feet to a calculated point;
939	939	23. South 5440'51" West, a distance of 483.26 feet to a
940	940	calculated point for a point of curvature to the right;
941	941	24. Following said curve to the right, having a radius of
942	942	1000.01 feet, a delta angle of 2904'06", an arc length of 507.34
943	943	feet, and a chord which bears South 6917'59" West, a distance of
944	944	501.92 feet to a calculated point for a point of reverse curvature
945	945	to the left;
946	946	25. Following said curve to the left, having a radius of
947	947	1600.01 feet, a delta angle of 10824'34", an arc length of 3027.38
948	948	feet, and a chord which bears South 2704'42" West, a distance of
949	949	2595.57 feet to a calculated point;
950	950	26. South 2707'35" East, a distance of 204.28 feet to a
951	951	calculated point for a point of curvature to the left;
952	952	27. Following said curve to the left, having a radius of
953	953	800.00 feet, a delta angle of 3547'43", an arc length of 499.80
954	954	feet, and a chord which bears South 4501'27" East, a distance of
955	955	491.71 feet to a calculated point;
956	956	28. South 6255'18" East, a distance of 280.83 feet to a
957	957	calculated point for a point of curvature to the right;
958	958	29. Following said curve to the right, having a radius of
959	959	1000.01 feet, a delta angle of 3722'12", an arc length of 652.23
960	960	feet, and a chord which bears South 4414'12" East, a distance of
961	961	640.74 feet to a calculated point;
962	962	30. South 2533'06" East, a distance of 187.89 feet to a
963	963	calculated point for a point of curvature to the left;
964	964	31. Following said curve to the left, having a radius of
965	965	531.00 feet, a delta angle of 3615'15", an arc length of 335.99
966	966	feet, and a chord which bears South 4619'17" West, a distance of
967	967	330.42 feet to a calculated point;
968	968	32. South 6148'21" East, a distance of 6.57 feet to a
969	969	calculated;
970	970	33. South 2811'39" West, a distance of 913.30 feet to a
971	971	calculated;
972	972	34. North 6148'21" West, a distance of 678.32 feet to a
973	973	calculated in the west line of said 20.005 acre tract, same being
974	974	the east line of a 20.022 acre tract conveyed to Janie Diaz in
975	975	Document No. 2006101103 and described in Document No. 2001200503,
976	976	both of the Official Public Records of Travis County, Texas;
977	977	THENCE North 2707'27" East, with the west line of said 20.005
978	978	acre tract, same being the east line of said 20.022 acre tract, at a
979	979	distance of 1097.89 feet passing a 1/2" rebar found, and continuing
980	980	for a total distance of 1099.28 feet to a calculated point for the
981	981	northwest corner of said 20.005 acre tract, same being the
982	982	northeast corner of said 20.022 acre tract, being also the south
983	983	line of said 198.302 acre tract;
984	984	THENCE North 6321'03" West, with the south line of said
985	985	198.302 acre tract, same being the north line of said 20.022 acre
986	986	tract, a distance of 626.61 feet to a 1/2" rebar found for the
987	987	southwest corner of said 198.302 acre tract, same being the
988	988	northwest corner of said 20.022 acre tract, also being in the east
989	989	line of said 232.233 acre tract;
990	990	THENCE South 2653'42" West, with the east line of said
991	991	232.233 acre tract, same being the west line of said 20.022 acre
992	992	tract, at a distance of 1082.47 feet to a calculated point in the
993	993	west line of said 20.022 acre tract, same being the east line of
994	994	said 232.233 acre tract;
995	995	THENCE crossing said 232.233 acre tract, the following four
996	996	(4) courses and distances:
997	997	1. North 6148'21" West, a distance of 561.03 feet to a
998	998	calculated point for a point of curvature to the right;
999	999	2. Following said curve to the right, having a radius of
1000	1000	1400.01 feet, a delta angle of 3344'58", an arc length of 824.66
1001	1001	feet, and a chord which bears North 4429'40" West, a distance of
1002	1002	812.79 feet to a calculated point;
1003	1003	3. North 2737'11" West, a distance of 335.09 feet to a
1004	1004	calculated point for a point of curvature to the left;
1005	1005	4. Following said curve to the left, having a radius of
1006	1006	1400.01 feet, a delta angle of 1036'58", an arc length of 259.40
1007	1007	feet, and a chord which bears North 3255'40" West, a distance of
1008	1008	259.03 feet to a calculated point in the west line of said 232.233
1009	1009	acre tract, same being the east line of a 174.4 acre tract described
1010	1010	in a deed of record in Volume 1549, Page 268 of the Deed Records of
1011	1011	Travis County, Texas;
1012	1012	THENCE North 2721'05" East, with the east line of said 174.4
1013	1013	acre tract, same being the west line of said 232.233 acre tract, a
1014	1014	distance of 788.45 feet to a 1/2" rebar with cap set for the
1015	1015	southeast corner of said 9 acre tract;
1016	1016	THENCE crossing said 174.4 acre tract, with the south and
1017	1017	west lines of said 232.233 acre tract, the following three (3)
1018	1018	courses and distances:
1019	1019	1. North 6242'32" West, a distance of 500.00 feet to a 4"
1020	1020	iron pipe found;
1021	1021	2. North 2721'05" East, a distance of 784.20 feet to a 1/2"
1022	1022	rebar with cap set for the northwest corner of said 9 acre tract,
1023	1023	same being in the north line of said 174.4 acre tract, also being in
1024	1024	the south line of said 40.5 acre tract;
1025	1025	3. North 6242'32" West, a distance of 999.32 feet to a rebar
1026	1026	with plastic "4453" cap found for an angle point in the west line of
1027	1027	said 232.233 acre tract, same being the southeast corner of a
1028	1028	120.321 acre tract described in a deed of record in Document No.
1029	1029	2004200864 of the Official Public Records of Travis County, Texas;
1030	1030	THENCE North 2658'58" East, with the east line of said
1031	1031	120.321 acre tract, same being the west line of said 232.233 acre
1032	1032	tract, a distance of 1437.81 feet to a calculated point for an angle
1033	1033	point in the west line of said 232.233 acre tract, same being in the
1034	1034	east line of said 120.321 acre tract, being also the southwest
1035	1035	corner of Lot 1, The Pittman Addition, a subdivision of record in
1036	1036	Volume 76, Page 228 of the Plat Records of Travis County, Texas;
1037	1037	THENCE South 6259'36" East, with the west line of said
1038	1038	232.233 acre tract, same being the south line of said Lot 1, Pittman
1039	1039	Addition, and an 11.000 acre tract described in a deed of record in
1040	1040	Document No. 1999100812 of the Official Public Records of Travis
1041	1041	County, at a distance of 0.27 feet passing a 60D nail found, and
1042	1042	continuing for a total distance of 857.50 feet to a 1/2" iron pipe
1043	1043	found for the southeast corner of said 11.000 acre tract, same being
1044	1044	the southwest corner of said 8.282 acre tract;
1045	1045	THENCE North 2658'15" East, with the west line of said 8.282
1046	1046	acre tract, same being the east line of said 11.000 acre tract and
1047	1047	the east line of a 5.014 acre tract described in a deed of record in
1048	1048	Document Number 2007145976 of the Official Public Records of Travis
1049	1049	County, Texas, a distance of 653.18 feet to a 1/2" rebar with cap
1050	1050	set for the northwest corner of said 8.282 acre tract, same being in
1051	1051	the east line of said 5.014 acre tract, being also in the east line
1052	1052	of the remainder of a 13.93 acre tract described in volume 7496,
1053	1053	Page 513 of the Deed Records of Travis County, Texas;
1054	1054	THENCE South 6315'05" East, crossing said 13.93 acre tract,
1055	1055	with the north line of said 8.282 acre tract, a distance of 648.24
1056	1056	feet to a 1/2" rebar with cap set in the east line of said 13.93 acre
1057	1057	tract, same being the west line of said 68.3 acre tract, being also
1058	1058	the northeast corner of said 8.282 acre tract;
1059	1059	THENCE North 4326'02" East, with the east line of said 13.93
1060	1060	acre tract, same being the west line of said 68.3 acre tract, a
1061	1061	distance of 538.67 feet to a 1/2" rebar with cap set for the common
1062	1062	north corner of said 13.93 acre tract and said 68.3 acre tract, same
1063	1063	being in the south right-of-way line of Colton Bluff Springs Road
1064	1064	(70' right-of-way);
1065	1065	THENCE North 3223'26" East, crossing Colton Bluff Springs
1066	1066	Road, a distance of 70.31 feet to a calculated point in the north
1067	1067	right-of-way line of Colton Bluff Springs Road, same being the
1068	1068	south line of said 82.844 acre tract;
1069	1069	THENCE with the north right-of-way line of Colton Bluff
1070	1070	Springs Road, same being the south line of said 82.844 acre tract,
1071	1071	the following two (2) courses and distances:
1072	1072	1. North 6313'10" West, a distance of 197.12 feet to a 1/2"
1073	1073	rebar found;
1074	1074	2. North 6318'06" West, a distance of 703.08 feet to a bolt
1075	1075	found at the southwest corner of said 82.844 acre tract, same being
1076	1076	the southeast corner of a 1.0 acre tract described in a deed of
1077	1077	record in Volume 12371, Page 662 of the Real Property Records of
1078	1078	Travis County, Texas;
1079	1079	THENCE North 2709'21" East, with the west line of said 82.844
1080	1080	acre tract, same being the east line of said 1.0 acre tract, a
1081	1081	distance of 290.52 feet to a 1/2" rebar found at the northeast
1082	1082	corner of said 1.0 acre tract, same being the southeast corner of
1083	1083	said 89.256 acre tract;
1084	1084	THENCE with the north and west lines of said 1.0 acre tract,
1085	1085	same being the south line of said 89.256 acre tract, the following
1086	1086	two (2) courses and distances:
1087	1087	1. North 6301'00" West, a distance of 150.08 feet to a 1/2"
1088	1088	rebar with cap found at the northwest corner of said 1.0 acre tract;
1089	1089	2. South 2711'15" West, a distance of 291.18 feet to a 1/2"
1090	1090	rebar found at the southwest corner of said 1.0 acre tract, same
1091	1091	being in the north right-of-way line of Colton Bluff Springs Road;
1092	1092	THENCE with the north right-of-way line of Colton Bluff
1093	1093	Springs Road, same being the south line of said 89.256 acre tract,
1094	1094	the following two (2) courses and distances:
1095	1095	1. North 6315'07" West, a distance of 508.93 feet to a
1096	1096	calculated point;
1097	1097	2. North 6231'18" West, a distance of 175.38 feet to a
1098	1098	calculated point for the southeast corner of a 0.18 acre tract,
1099	1099	called Lot No. 2 and described in a deed of record in Volume 6057,
1100	1100	Page 415 of the Deed Records of Travis County, Texas;
1101	1101	THENCE North 2626'47" East, with the east line of said Lot
1102	1102	No. 2, same being the south line of said 89.256 acre tract, a
1103	1103	distance of 130.76 feet to a calculated point for the northeast
1104	1104	corner of said Lot No. 2;
1105	1105	THENCE North 630l'34" West, with the south line of said
1106	1106	89.256 acre tract, same being the north line of said Lot No. 2 and
1107	1107	the north line of another 0.18 acre tract, called Lot No. 1 and
1108	1108	described in said deed of record in Volume 6057, Page 415, a
1109	1109	distance of 120.03 feet to a calculated point for the northwest
1110	1110	corner of said Lot No. 1;
1111	1111	THENCE South 2658'40" West, with the west line of said Lot
1112	1112	No. 1, same being the south line of said 89.256 acre tract, a
1113	1113	distance of 129.50 feet to a calculated point for the southwest
1114	1114	corner of said Lot No. 1, same being in the north right-of-way line
1115	1115	of Colton Bluff Springs Road;
1116	1116	THENCE North 6229'29" West, with the north right-of-way line
1117	1117	of Colton Bluff Springs Road, same being the south line of said
1118	1118	89.256 acre tract, a distance of 564.31 feet to a 1/2" rebar found
1119	1119	at the southwest corner of said 89.256 acre tract, same being the
1120	1120	southeast corner of said 25.735 acre tract;
1121	1121	THENCE North 6229'18" West, with the north right-of-way line
1122	1122	of Colton Bluff Springs Road, same being the south line of said
1123	1123	25.735 acre tract, at a distance of 64.03 feet passing a 1/2" rebar
1124	1124	found at the southwest corner of said 25.735 acre tract, same being
1125	1125	the southeast corner of said 2.731 acre tract, and continuing with
1126	1126	the south line of said 2.731 acre tract for a total distance of
1127	1127	301.87 feet to a 1/2" rebar found at the southwest corner of said
1128	1128	2.731 acre tract, same being the southeast corner of said Part 2;
1129	1129	THENCE with the north right-of-way line of Colton Bluff
1130	1130	Springs Road, same being the south line of said Part 2, the
1131	1131	following two (2) courses and distances:
1132	1132	1. North 6323'43" West, a distance of 712.69 feet to a 1/2"
1133	1133	rebar found;
1134	1134	2. North 6215'54" West, a distance of 241.38 feet to the
1135	1135	POINT OF BEGINNING, containing 751.054 acres of land, more or less.
1136	1136	SECTION 3. (a) The legislature finds that the development
1137	1137	or redevelopment in the area in the proposed Austin Desired
1138	1138	Development Zone District No. 3 would not occur solely through
1139	1139	private investment in the reasonably foreseeable future.
1140	1140	(b) The legislature further finds that the area in the
1141	1141	proposed Austin Desired Development Zone District No. 3 is
1142	1142	unproductive and underdeveloped and that the conditions
1143	1143	substantially arrest or impair the sound growth of the area, are an
1144	1144	economic or social liability, and present a menace to the public
1145	1145	health, safety, morals, or welfare.
1146	1146	SECTION 4. (a) The legal notice of the intention to
1147	1147	introduce this Act, setting forth the general substance of this
1148	1148	Act, has been published as provided by law, and the notice and a
1149	1149	copy of this Act have been furnished to all persons, agencies,
1150	1150	officials, or entities to which they are required to be furnished
1151	1151	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1152	1152	Government Code.
1153	1153	(b) The governor, one of the required recipients, has
1154	1154	submitted the notice and Act to the Texas Commission on
1155	1155	Environmental Quality.
1156	1156	(c) The Texas Commission on Environmental Quality has filed
1157	1157	its recommendations relating to this Act with the governor,
1158	1158	lieutenant governor, and speaker of the house of representatives
1159	1159	within the required time.
1160	1160	(d) The general law relating to consent by political
1161	1161	subdivisions to the creation of districts with conservation,
1162	1162	reclamation, and road powers and the inclusion of land in those
1163	1163	districts has been complied with.
1164	1164	(e) All requirements of the constitution and laws of this
1165	1165	state and the rules and procedures of the legislature with respect
1166	1166	to the notice, introduction, and passage of this Act have been
1167	1167	fulfilled and accomplished.
1168	1168	SECTION 5. This Act takes effect immediately if it receives
1169	1169	a vote of two-thirds of all the members elected to each house, as
1170	1170	provided by Section 39, Article III, Texas Constitution. If this
1171	1171	Act does not receive the vote necessary for immediate effect, this
1172	1172	Act takes effect September 1, 2009.