Texas 2009 - 81st Regular

Texas Senate Bill SB2548 Compare Versions

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

Old	New	Differences
1	1	81R16270 GCB-F
2	2	By: Wentworth S.B. No. 2548
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. 4; 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 3902 to read as follows:
13	13	CHAPTER 3902. AUSTIN DESIRED DEVELOPMENT ZONE DISTRICT NO. 4
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3902.001. 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. 4.
22	22	Sec. 3902.002. NATURE OF DISTRICT. The district is a special
23	23	district created under Section 59, Article XVI, Texas Constitution.
24	24	Sec. 3902.003. 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. 3902.004. 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. 3902.005. 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. 3902.006. 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. 3902.007. 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. 3902.008. 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. 3902.009. 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. 3902.010. CONSENT OF MUNICIPALITY REQUIRED. (a) The
106	106	temporary directors may not hold an election under Section 3902.009
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 3902.011-3902.050 reserved for expansion]
127	127	SUBCHAPTER B. BOARD OF DIRECTORS
128	128	Sec. 3902.051. 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	3902.053.
132	132	(b) Except as provided by Section 3902.052, 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 3902.053 shall begin on the date the four
137	137	permanent directors are elected under Section 3902.009. The
138	138	initial directors shall determine their terms as provided by
139	139	Section 49.102(h), Water Code.
140	140	Sec. 3902.052. TEMPORARY DIRECTORS. (a) On or after the
141	141	effective date of the Act creating 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 3902.009; 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 3902.009 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 3902.009; 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. 3902.053. 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. 3902.054. 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 3902.053(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 3902.052 or 3902.053(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. 3902.055. 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 3902.053 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. 3902.056. 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. 3902.057. 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 3902.058-3902.100 reserved for expansion]
229	229	SUBCHAPTER C. POWERS AND DUTIES
230	230	Sec. 3902.101. 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. 3902.102. 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. 3902.103. 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. 3902.104. 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. 3902.105. 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. 3902.106. 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. 3902.107. 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. 3902.108. 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 3902.109-3902.150 reserved for expansion]
326	326	SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
327	327	Sec. 3902.151. 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. 3902.152. 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. 3902.153. RULES. The district may adopt rules
357	357	covering its public transit system or its parking facilities.
358	358	Sec. 3902.154. 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 3902.155-3902.200 reserved for expansion]
370	370	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
371	371	Sec. 3902.201. 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. 3902.202. 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. 3902.203. 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. 3902.204. 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. 3902.205. 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. 3902.206. 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. 3902.207. RESIDENTIAL PROPERTY. Section 375.161,
431	431	Local Government Code, does not apply to the district.
432	432	Sec. 3902.208. OPERATION AND MAINTENANCE TAX. (a) If
433	433	authorized at an election held in accordance with Section 3902.213,
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. 3902.209. 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. 3902.210. 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. 3902.211. 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	3902.010 and 3902.105, 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. 3902.212. 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. 3902.213. 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 3902.209.
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. 3902.214. 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. 3902.215. 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. 3902.216. 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. 3902.217. 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 3902.218-3902.300 reserved for expansion]
538	538	SUBCHAPTER F. SALES AND USE TAX
539	539	Sec. 3902.301. 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. 3902.302. 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. 3902.303. 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 3902.213.
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. 4 at
570	570	a rate not to exceed _____ percent."
571	571	Sec. 3902.304. 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. 3902.305. 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 3902.306-3902.350 reserved for expansion]
596	596	SUBCHAPTER G. HOTEL OCCUPANCY TAXES
597	597	Sec. 3902.351. 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 3902.352-3902.400 reserved for expansion]
627	627	SUBCHAPTER H. DISSOLUTION
628	628	Sec. 3902.401. 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 3902.010.
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. 4
647	647	includes all territory contained in the following area:
648	648	A DESCRIPTION OF 475.490 ACRES IN THE SANTIAGO DEL VALLE
649	649	GRANT IN TRAVIS COUNTY, TEXAS, BEING ALL OF A 73.453 ACRE TRACT
650	650	DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC.,
651	651	DATED NOVEMBER 28, 2006 AND RECORDED IN DOCUMENT NO. 2006229773 OF
652	652	THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 31.022
653	653	ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION
654	654	INC., DATED DECEMBER 16, 2006 AND RECORDED IN DOCUMENT NO.
655	655	2006245700 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
656	656	ALL OF A 29.293 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO
657	657	JONA ACQUISITION INC., DATED NOVEMBER 21, 2006 AND RECORDED IN
658	658	DOCUMENT NO. 2006225633 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
659	659	COUNTY, TEXAS, ALL OF A 77.22 ACRE TRACT DESCRIBED IN A SPECIAL
660	660	WARRANTY DEED TO WILLIAM D. WENDE, FRED J. WENDE, AND PRICE T.
661	661	WENDE, DATED FEBRUARY 28, 1994 AND RECORDED IN VOLUME 12171, PAGE
662	662	455 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A
663	663	58 ACRE TRACT DESCRIBED IN A WARRANTY DEED TO FRED J. WENDE DATED
664	664	DECEMBER 21, 1992 AND RECORDED IN VOLUME 11849, PAGE 396 OF THE REAL
665	665	PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 28.461 ACRE TRACT
666	666	DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC.,
667	667	DATED SEPTEMBER 15, 2006 AND RECORDED IN DOCUMENT NO. 2006182621 OF
668	668	THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
669	669	55.222 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA
670	670	ACQUISITION INC., DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO.
671	671	2006060712 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
672	672	A PORTION OF A 60.921 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY
673	673	DEED TO JONA ACQUISITION INC., DATED DECEMBER 12, 2006 AND RECORDED
674	674	IN DOCUMENT NO. 2006239174 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
675	675	COUNTY, TEXAS, A PORTION OF A 232.233 ACRE TRACT DESCRIBED IN A
676	676	SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO JONA ACQUISITION INC.,
677	677	DATED JANUARY 8, 2009 AND RECORDED IN DOCUMENT NO. 2009003190 OF THE
678	678	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
679	679	60.921 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA
680	680	ACQUISITION INC., DATED DECEMBER 12, 2006 AND RECORDED IN DOCUMENT
681	681	NO. 2006239174 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
682	682	TEXAS, A PORTION OF A 51.942 ACRE TRACT DESCRIBED IN A GENERAL
683	683	WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 1, 2006 AND
684	684	RECORDED IN DOCUMENT NO. 2006233636 OF THE OFFICIAL PUBLIC RECORDS
685	685	OF TRAVIS COUNTY, TEXAS, A PORTION OF A 25.119 ACRE TRACT DESCRIBED
686	686	IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED APRIL 2,
687	687	2006 AND RECORDED IN DOCUMENT NO. 2006060707 OF THE OFFICIAL PUBLIC
688	688	RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 7.602 ACRE TRACT
689	689	DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC.,
690	690	DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO. 2006060704 OF THE
691	691	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
692	692	23.694 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA
693	693	ACQUISITION INC., DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO.
694	694	2006060710 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
695	695	ALL OF A 1.000 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO
696	696	JONA ACQUISITION INC., DATED JANUARY 8, 2007 AND RECORDED IN
697	697	DOCUMENT NO. 2007005138 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
698	698	COUNTY, TEXAS, A PORTION OF LOT "A" HARRY REININGER SUBDIVISION, A
699	699	SUBDIVISION OF RECORD IN VOLUME 65, PAGE 47 OF THE PLAT RECORDS OF
700	700	TRAVIS COUNTY TEXAS, CONVEYED TO JOHN HALDENSTEIN & RUTH
701	701	HALDENSTEIN IN WARRANTY DEED WITH VENDOR'S LIEN DATED SEPTEMBER 29,
702	702	2000 AND RECORDED IN DOCUMENT NO. 2000161977 OF THE OFFICIAL PUBLIC
703	703	RECORDS OF TRAVIS COUNTY TEXAS, A PORTION OF A 42.558 ACRE TRACT
704	704	DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC.,
705	705	DATED MAY 16, 2008 AND RECORDED IN DOCUMENT NO. 2008083861 OF THE
706	706	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
707	707	20.005 ACRE TRACT DESCRIBED IN A WARRANTY DEED WITH VENDOR'S LIEN TO
708	708	JOHN T. HALDENSTEIN AND JOSHUA N. HALDENSTEIN, DATED DECEMBER 14,
709	709	2000 AND RECORDED IN DOCUMENT NO. 2000203669 OF THE OFFICIAL PUBLIC
710	710	RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 9.662 ACRE TRACT DESCRIBED
711	711	IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER
712	712	14, 2007 AND RECORDED IN DOCUMENT NO. 2007224638 OF THE OFFICIAL
713	713	PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF WENDE ROAD, A
714	714	PUBLIC ROAD IN TRAVIS COUNTY, TEXAS HAVING A RIGHT-OF-WAY WIDTH OF
715	715	40 FEET, AND A PORTION OF SASSMAN ROAD, A PUBLIC ROAD IN TRAVIS
716	716	COUNTY, TEXAS HAVING A RIGHT-OF-WAY OF VARIABLE WIDTH; SAID 475.490
717	717	ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
718	718	FOLLOWS:
719	719	BEGINNING at a calculated point for a north corner of said
720	720	73.453 acre tract, same being in the east right-of-way line of
721	721	Thaxton Road, also being the west corner of a 2.76 acre tract
722	722	described in a deed of record in Volume 12562, Page 428 of the Real
723	723	Property Records of Travis County, Texas, from which a 1/2" rebar
724	724	found bears North 6156'44" West, a distance of 0.44 feet;
725	725	THENCE with the north lines of said 73.453 acre tract, same
726	726	being the south and east lines of said 2.76 acre tract, the
727	727	following two (2) courses and distances:
728	728	1. South 6156'44" East, a distance of 404.65 feet to a 1/2"
729	729	rebar found;
730	730	2. North 2752'53" East, a distance of 294.18 feet to a 1/2"
731	731	rebar found at a north corner of said 73.453 acre tract, same being
732	732	the east corner of said 2.76 acre tract, also being in the southwest
733	733	line of a 21 acre tract described in a deed of record in Volume 1945,
734	734	Page 416 of the Deed Records of Travis County, Texas;
735	735	THENCE South 6059'42" East, with the northeast line of said
736	736	73.453 acre tract, same being the southwest line of said 21 acre
737	737	tract, a distance of 2857.05 feet to a 60D nail found for the east
738	738	corner of said 73.453 acre tract, same being the south corner of
739	739	said 21 acre tract, also being in the northwest line of said 29.293
740	740	acre tract;
741	741	THENCE North 2746'44" East, with the west line of said 29.293
742	742	acre tract, same being the east line of said 21 acre tract a
743	743	distance of 1083.71 feet to a 1/2" rebar with "Chaparral Boundary"
744	744	cap found for the northwest corner of said 29.293 acre tract, same
745	745	being the northeast corner of said 21 acre tract, also being in the
746	746	south right-of-way line of Sassman Road (70' right-of-way width);
747	747	THENCE with the south right-of-way line of Sassman Road, same
748	748	being the north line of said 21 acre tract the following two (2)
749	749	courses and distances:
750	750	1. North 61Ol'51" West, a distance of 593.27 feet to a
751	751	calculated point;
752	752	2. North 6059'12" West, a distance of 1838.40 feet to a
753	753	calculated point in the south right-of-way line of Sassman Road,
754	754	same being in the north line of said 21 acre tract;
755	755	THENCE North 2900'48" East, leaving the south right-of-way
756	756	line of Sassman Road, same being the north line of said 21 acre
757	757	tract, crossing Sassman Road, a distance of 70.00 feet to a 1/2"
758	758	rebar with cap set for the southwest corner of said 232.233 acre
759	759	tract, same being the east line of a 174.4 acre tract described in a
760	760	deed of record in Volume 1549, Page 268 of the Deed Records of
761	761	Travis County, Texas;
762	762	THENCE North 2721'05" East, with the east line of said 174.4
763	763	acre tract, same being the west line of said 232.233 acre tract, a
764	764	distance of 1153.14 feet to a calculated point in the east line of
765	765	said 174.4 acre tract, same being the west line of said 232.233 acre
766	766	tract;
767	767	THENCE crossing the 232.233 acre tract the following four (4)
768	768	courses and distances:
769	769	1. Following a curve to the right, having a radius of
770	770	1400.01 feet, a delta angle of 1036'58", an arc length of 259.40
771	771	feet, and a chord which bears South 3255'40" East, a distance of
772	772	259.03 feet to a calculated point;
773	773	2. South 2737'11" East, a distance of 335.09 feet to a
774	774	calculated point for a point of curvature to the left;
775	775	3. Following said curve to the left, having a radius of
776	776	1400.01 feet, a delta angle of 3344'58", an arc length of 824.66
777	777	feet, and a chord which bears South 4429'40" East, a distance of
778	778	812.79 feet to a calculated point;
779	779	4. South 6148'21" East, a distance of 561.03 feet to a
780	780	calculated point in the east line of said 232.233 acre tract, same
781	781	being in the west line of a 20.022 acre tract conveyed to Janie Diaz
782	782	in Document No. 2006101103 and described in Document No.
783	783	2001200503, both of the Official Public Records of Travis County,
784	784	Texas;
785	785	THENCE South 2653'42" West, with the east line of said
786	786	232.233 acre tract, same being the east line of said 9.662 acre
787	787	tract, being also the west line of said 20.022 acre tract, a
788	788	distance of 624.23 feet to a calculated point for the southeast
789	789	corner of said 9.662 acre tract, same being the southwest corner of
790	790	said 20.022 acre tract, being also in the north right-of-way line of
791	791	Sassman Road;
792	792	THENCE South 6059'12" East, with the south line of said
793	793	20.022 acre tract, same being the south line of Lot 1, Hackberry
794	794	Hill Estates Section One, a subdivision of record in Volume 81, Page
795	795	241 of the Plat Records of Travis County, Texas, being also the
796	796	South right-of-way line of Sassman Road, a distance of 549.20 feet
797	797	to a calculated point south line of Lot 1, Hackberry Hill Estates
798	798	Section One, being also in the north right-of-way line of Sassman
799	799	Road;
800	800	THENCE continuing with the south line of said south line of
801	801	Lot 1, Hackberry Hill Estates Section One, same being the north
802	802	right-of-way line of Sassman Road, being also the south line of a
803	803	2.00 acre tract described in Document No. 2002227115 of the
804	804	Official Public Records of Travis County, Texas, a 1.00 acre tract
805	805	described in a deed to Gerald D. Shoulders, and Rosemary Shoulders,
806	806	of record in Volume 12233, Page 1678, of the Real Property Records
807	807	of Travis County, Texas, a described in a deed to Amir Batoeinngi,
808	808	of record in Document No. 2008060410 of the Official Public Records
809	809	of Travis County, Texas, and a 1.00 acre tract described in Document
810	810	No. 2006189910 of the Official Public Records of Travis County,
811	811	Texas, the following two (2) courses and distances:
812	812	1. South 6139'26" East, a distance of 590.84 feet to a
813	813	calculated point;
814	814	2. South 6350'26" East, a distance of 14.13 feet to a 1/2"
815	815	rebar found for the southeast corner of said 1.00 acre tract, same
816	816	being the southwest corner of said Lot A, Harry Reininger
817	817	Subdivision, being also in the north right-of-way line of Sassman
818	818	Road;
819	819	THENCE North 2609'41" East, with the west line of said Lot A,
820	820	Harry Reininger Subdivision, same being the east line of said 1.00
821	821	acre tract, a distance of 362.16 feet to a calculated point for the
822	822	northeast corner of said 1.00 acre tract, same being the southeast
823	823	corner of said 20.005 acre tract;
824	824	THENCE with the south line of said 20.005 acre tract, the
825	825	following three (3) courses and distances:
826	826	1. North 6126'42" West, with the north line of said 1.00
827	827	acre tract, a distance of 113.09 feet to a 1/2" rebar found at the
828	828	northwest corner of said 1.00 acre tract, same being in the east
829	829	line of a 1.25 acre tract described in a deed to Amir Batoeinngi, of
830	830	record in Document No. 2008060410 of the Official Public Records of
831	831	Travis County, Texas;
832	832	2. North 2821'23" East, with the east line of said
833	833	Batoeinngi tract, a distance of 106.07 feet to a 1/2" rebar found at
834	834	the northeast corner of said Batoeinngi tract;
835	835	3. North 6129'11" West, with the north line of said
836	836	Batoeinngi tract, and the north line of a 1.25 acre tract described
837	837	in a deed to Gerald D. Shoulders, and Rosemary Shoulders, of record
838	838	in Volume 12233, Page 1678, of the Real Property Records of Travis
839	839	County, Texas, a distance of 417.23 feet to a 1" iron pipe found, at
840	840	the southwest corner of said 20.005 acre tract, same being the
841	841	northwest corner of said Shoulders tract, also being in the east
842	842	line of said 20.022 acre tract;
843	843	THENCE North 2707'27" East, with the west line of said 20.005
844	844	acre tract, same being the east line of said 20.022 acre tract, a
845	845	distance of 161.94 feet to a calculated point;
846	846	THENCE crossing said Lot A, Harry Reininger Subdivision, said
847	847	20.005 acre tract, said 42.558 acre tract, said 23.694 acre tract,
848	848	said 7.602 acre tract, said 25.119 acre tract, said 55.222 acre
849	849	tract, said 51.942 acre tract, said 60.921 acre tract, said 98.656
850	850	acre tract, and Wende Road the following eleven (11) courses and
851	851	distances:
852	852	1. South 6148'21" East, a distance of 678.32 feet to a
853	853	calculated point;
854	854	2. South 2811'39" West, a distance of 1655.67 feet to a
855	855	calculated point;
856	856	3. Following a curve to the left, having a radius of 500.00
857	857	feet, a delta angle of 6945'07", an arc length of 608.70 feet, and a
858	858	chord which bears South 0640'54" East, a distance of 571.80 feet to
859	859	a calculated point
860	860	4. South 4133'28" East, a distance of 324.65 feet to a
861	861	calculated point;
862	862	5. Following a curve to the right, having a radius of 500.00
863	863	feet, a delta angle of 9625'47", an arc length of 841.51 feet, and a
864	864	chord which bears South 0639'26" West, a distance of 745.65 feet to
865	865	a calculated point
866	866	6. South 5452'19" West, a distance of 25.40 feet to a
867	867	calculated point;
868	868	7. South 3507'41" East, a distance of 344.76 feet to a
869	869	calculated point;
870	870	8. Following a curve to the right, having a radius of
871	871	1000.01 feet, a delta angle of 4036'48", an arc length of 708.84
872	872	feet, and a chord which bears South 1449'17" East, a distance of
873	873	694.09 feet to a calculated point
874	874	9. South 0529'07" West, a distance of 423.15 feet to a
875	875	calculated point;
876	876	10. Following a curve to the left, having a radius of
877	877	1800.01 feet, a delta angle of 6824'29", an arc length of 2149.12
878	878	feet, and a chord which bears South 2843'07" East, a distance of
879	879	2023.72 feet to a calculated point
880	880	11. South 6255'22" East, a distance of 149.13 feet to a
881	881	calculated point in the west right-of-way of F.M. 1626;
882	882	THENCE South 2704'38" West, with the west right-of-way line
883	883	of F. M. 1625, same being the east line of said 98.656 acre tract, a
884	884	distance of 699.69 feet to a calculated point for the southeast
885	885	corner of said 98.656 acre tract, same being the northeast corner of
886	886	a 10.067 acre tract described in a deed of record under Document No.
887	887	2003084397 of the Official Public Records of Travis County, Texas;
888	888	THENCE North 6225'04" West, with the south line of said
889	889	98.656 acre tract, same being the north line of said 10.067 acre
890	890	tract and the north line of Lot 6, Las Lomitas Subdivision, a
891	891	subdivision of record in Document No. 200200226 of the Official
892	892	Public Records of Travis County, Texas, at a distance of 0.11 feet
893	893	passing a 1/2" rebar found, and continuing for a total distance of
894	894	1097.97 feet to a 1/2" rebar found for the southwest corner of said
895	895	98.656 acre tract, same being an angle point in the north line of
896	896	said Lot 6, also being the southeast corner of said 60.921 acre
897	897	tract;
898	898	THENCE North 6226'10" West, with the south line of said
899	899	60.921 acre tract, same being the north line of said Lot 6 and the
900	900	north line of Lot 15, of said Las Lomitas Subdivision, a distance of
901	901	1283.28 feet to a 1/2" rebar with "Chaparral Boundary" cap found for
902	902	the southwest corner of said 60.921 acre tract, same being the
903	903	southeast corner of a 58 acre tract described in a deed of record in
904	904	Volume 11849, Page 396 of the Real Property Records of Travis
905	905	County, Texas, also being an angle point in the north line of said
906	906	Lot 15;
907	907	THENCE with the south line of said 58 acre tract, the
908	908	following two (2) courses and distances:
909	909	1. North 6222'47" West, with the north line of said Lot 15,
910	910	a distance of 715.30 feet to a 1/2" iron pipe found at the northwest
911	911	corner of said Lot 15, same being the northeast corner of a 96.29
912	912	acre tract described in a deed of record in Volume 12223, Page 2162
913	913	of the Real Property Records of Travis County, Texas;
914	914	2. North 6224'41" West, with the north line of said 96.29
915	915	acre tract, a distance of 1257.37 feet to a 1/2" rebar found at the
916	916	southwest corner of said 58 acre tract, same being the southeast
917	917	corner of a 77.22 acre tract described in a deed of record in Volume
918	918	12171, Page 455 of the Real Property Records of Travis County,
919	919	Texas;
920	920	THENCE North 6213'51" West, with the south line of said 77.22
921	921	acre tract, being in part the north line of said 96.29 acre tract,
922	922	in part the north line of a 1.069 acre tract and the north line of a
923	923	4.580 acre tract both described in a deed of record in Document No.
924	924	2003029766 of the Official Public Records of Travis County, Texas,
925	925	in part the north line of a 6.717 acre tract described in a deed of
926	926	record in Document No. 2003020580 of the Official Public Records of
927	927	Travis County, Texas, in part the north line of a 4.001 acre tract
928	928	described in a deed of record in Document No. 2003054456 of the
929	929	Official Public Records of Travis County, Texas, and in part the
930	930	north line of a 5.00 acre tract described in a deed of record in
931	931	Document No. 2001186136 of the Official Public Records of Travis
932	932	County, Texas, a distance of 2467.51 feet to a 3/4" iron pipe found
933	933	at the southwest corner of said 77.22 acre tract, same being the
934	934	southeast corner of a 10.00 acre tract described in a deed of record
935	935	in Document No. 2005076034 of the Official Public Records of Travis
936	936	County, Texas, also being in the north line of said 5.00 acre tract;
937	937	THENCE North 2728'37" East, with the west line of said 77.22
938	938	acre tract, same being in part the east line of said 10.00 acre
939	939	tract, in part the east line of Lots 1 and 2, Block 1, Esquivel
940	940	Subdivision, a subdivision of record in Document No. 200600043 of
941	941	the Official Public Records of Travis County, Texas, and in part the
942	942	east line of a 7.501 acre tract described in a deed of record in
943	943	Document No. 2006182751 of the Official Public Records of Travis
944	944	County, Texas, a distance of 1369.79 feet to a 1/2" rebar with
945	945	"4324" cap found at the northwest corner of said 77.22 acre tract,
946	946	same being the northeast corner of said 7.501 acre tract, also being
947	947	the southeast corner of an 8.51 acre tract described in a deed of
948	948	record in Volume 10861, Page 857 of the Real Property Records of
949	949	Travis County, Texas, also being the southwest corner of a 32.892
950	950	acre tract described in a deed of record in Volume 11513, Page 1451
951	951	of the Real Property Records of Travis County, Texas;
952	952	THENCE South 6150'26" East, with the north line of said 77.22
953	953	acre tract, same being the south line of said 32.892 acre tract, at
954	954	a distance of 2473.90 feet passing a 1/2" rebar with "4324" cap
955	955	found, and continuing for a total distance of 2474.36 feet to a
956	956	calculated point for the northeast corner of said 77.22 acre tract,
957	957	same being the southeast corner of said 32.892 acre tract, also
958	958	being in the west line of said 29.293 acre tract;
959	959	THENCE North 2746'44" East, with the west line of said 29.293
960	960	acre tract, same being the east line of said 32.892 acre and the
961	961	east line of the said remainder of a 29.94 acre tract described in a
962	962	deed of record in Volume 6132, Page 1217 of the Deed Records of
963	963	Travis County, Texas, a distance of 959.47 feet to a 1/2" rebar with
964	964	"Chaparral Boundary" cap found, for the northeast corner of said
965	965	remainder of a 29.94 acre tract, same being the southeast corner of
966	966	said 31.022 acre tract;
967	967	THENCE North 6112'34" West, with the south line of said
968	968	31.022 acre tract, same being the north line of said remainder of
969	969	29.94 acres and the north line of a 2.500 acre tract described in a
970	970	deed of record in Volume 9678, Page 891 of the Real Property Records
971	971	of Travis County, Texas, at a distance of 2.86 feet passing a 1/2"
972	972	rebar found, at a distance of 3268.31 feet passing a 1/2" rebar
973	973	found, and continuing for a total distance of 3268.82 feet to a
974	974	calculated point for the southwest corner of said 31.022 acre
975	975	tract, same being the northwest corner of said 2.500 acre tract,
976	976	also being in the east right-of-way line of Thaxton Road (50'
977	977	right-of-way);
978	978	THENCE North 2802'32" East, with the west line of said 31.022
979	979	acre tract, same being the east right-of-way line of Thaxton Road, a
980	980	distance of 417.56 feet to a 1/2" rebar found at the northwest
981	981	corner of said 31.022 acre tract, same being the southwest corner of
982	982	the remainder of a 3.22 acre tract described in a deed of record in
983	983	Volume 12562, Page 419 of the Real Property Records of Travis
984	984	County, Texas;
985	985	THENCE South 6116'30" East, with the south line of said
986	986	remainder of 3.22 acres, same being the north line of said 31.022
987	987	acre tract, a distance of 406.03 feet to a 1/2" rebar with
988	988	"Chaparral Boundary" cap found for the southeast corner of said
989	989	remainder of 3.22 acres, also being the southwest corner of an 18.38
990	990	acre tract described in a deed of record in Document No. 2007219954
991	991	of the Official Public Records of Travis County, Texas;
992	992	THENCE South 6100'23" East, continuing with the north line of
993	993	said 31.022 acre tract, same being the south line of said 18.38 acre
994	994	tract a distance of 1136.77 feet to a 1/2" rebar with cap found at
995	995	the common corner of said 18.38 acre tract and said 73.453 acre
996	996	tract;
997	997	THENCE North 2753'08" East, with a northwest line of said
998	998	73.453 acre tract, same being the southeast line of said 18.38 acre
999	999	tract, a distance of 713.60 feet to a 1/2" rebar with cap found;
1000	1000	THENCE North 6159'49" West, with a southwest line of said
1001	1001	73.453 acre tract, same being the northeast line of said 18.38 acre
1002	1002	tract and a 3.20 acre tract described in a deed of record in Volume
1003	1003	12562, Page 431 of the Real Property Records of Travis County,
1004	1004	Texas, conveyed in a deed of record in Volume 13116, Page 732 of the
1005	1005	Real Property Records of Travis County, Texas, a distance of
1006	1006	1540.66 feet to a 1/2" rebar with "Chaparral Boundary" cap found for
1007	1007	a west corner of said 73.453 acre tract, same being the north corner
1008	1008	of said 3.20 acre tract, also being in the east right-of-way line of
1009	1009	Thaxton Road;
1010	1010	THENCE North 2802'32" East, with a northwest line of said
1011	1011	73.453 acre tract, same being the east right-of-way line of Thaxton
1012	1012	Road, a distance of 360.56 feet to the POINT OF BEGINNING,
1013	1013	containing 475.490 acres of land, more or less.
1014	1014	SECTION 3. (a) The legislature finds that the development
1015	1015	or redevelopment in the area in the proposed Austin Desired
1016	1016	Development Zone District No. 4 would not occur solely through
1017	1017	private investment in the reasonably foreseeable future.
1018	1018	(b) The legislature further finds that the area in the
1019	1019	proposed Austin Desired Development Zone District No. 4 is
1020	1020	unproductive and underdeveloped and that the conditions
1021	1021	substantially arrest or impair the sound growth of the area, are an
1022	1022	economic or social liability, and present a menace to the public
1023	1023	health, safety, morals, or welfare.
1024	1024	SECTION 4. (a) The legal notice of the intention to
1025	1025	introduce this Act, setting forth the general substance of this
1026	1026	Act, has been published as provided by law, and the notice and a
1027	1027	copy of this Act have been furnished to all persons, agencies,
1028	1028	officials, or entities to which they are required to be furnished
1029	1029	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1030	1030	Government Code.
1031	1031	(b) The governor, one of the required recipients, has
1032	1032	submitted the notice and Act to the Texas Commission on
1033	1033	Environmental Quality.
1034	1034	(c) The Texas Commission on Environmental Quality has filed
1035	1035	its recommendations relating to this Act with the governor,
1036	1036	lieutenant governor, and speaker of the house of representatives
1037	1037	within the required time.
1038	1038	(d) The general law relating to consent by political
1039	1039	subdivisions to the creation of districts with conservation,
1040	1040	reclamation, and road powers and the inclusion of land in those
1041	1041	districts has been complied with.
1042	1042	(e) All requirements of the constitution and laws of this
1043	1043	state and the rules and procedures of the legislature with respect
1044	1044	to the notice, introduction, and passage of this Act have been
1045	1045	fulfilled and accomplished.
1046	1046	SECTION 5. This Act takes effect immediately if it receives
1047	1047	a vote of two-thirds of all the members elected to each house, as
1048	1048	provided by Section 39, Article III, Texas Constitution. If this
1049	1049	Act does not receive the vote necessary for immediate effect, this
1050	1050	Act takes effect September 1, 2009.