Texas 2009 - 81st Regular

Texas Senate Bill SB2564 Compare Versions

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

Old	New	Differences
1	1	81R25947 SJM-D
2	2	By: Wentworth S.B. No. 2564
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Driftwood Economic Development
8	8	Municipal Management District; providing authority to impose a tax.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 4, Special District Local Laws
11	11	Code, is amended by adding Chapter 3858 to read as follows:
12	12	CHAPTER 3858. DRIFTWOOD ECONOMIC DEVELOPMENT MUNICIPAL
13	13	MANAGEMENT DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3858.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the board of directors of the
17	17	district.
18	18	(2) "Commissioners court" means the Hays County
19	19	Commissioners Court.
20	20	(3) "District" means the Driftwood Economic
21	21	Development Municipal Management District.
22	22	Sec. 3858.002. CREATION AND NATURE OF DISTRICT. The
23	23	district is a special district created under Section 59, Article
24	24	XVI, Texas Constitution.
25	25	Sec. 3858.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
26	26	creation of the district is essential to accomplish the purposes of
27	27	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
28	28	Texas Constitution, and other public purposes stated in this
29	29	chapter. By creating the district, the legislature has established
30	30	a program to accomplish the public purposes set out in Section 52-a,
31	31	Article III, Texas Constitution.
32	32	(b) The creation of the district is necessary to promote,
33	33	develop, encourage, and maintain employment, commerce,
34	34	transportation, housing, tourism, recreation, the arts,
35	35	entertainment, economic development, safety, and the public
36	36	welfare in the district.
37	37	(c) This chapter and the creation of the district may not be
38	38	interpreted to relieve Hays County from providing the level of
39	39	services provided as of the effective date of the Act enacting this
40	40	chapter to the area in the district. The district is created to
41	41	supplement and not supplant county services provided in the
42	42	district.
43	43	Sec. 3858.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
44	44	The district is created to serve a public use and benefit.
45	45	(b) All land and other property included in the district
46	46	will benefit from the improvements and services to be provided by
47	47	the district under powers conferred by Sections 52 and 52-a,
48	48	Article III, and Section 59, Article XVI, Texas Constitution, and
49	49	other powers granted under this chapter.
50	50	(c) The creation of the district is in the public interest
51	51	and is essential to further the public purposes of:
52	52	(1) developing and diversifying the economy of the
53	53	state;
54	54	(2) eliminating unemployment and underemployment; and
55	55	(3) developing commerce in the state.
56	56	(d) The district will:
57	57	(1) promote the health, safety, and general welfare of
58	58	residents, employers, potential employees, employees, consumers,
59	59	and visitors in the district;
60	60	(2) provide needed funding for the district to
61	61	preserve, maintain, and enhance the economic health and viability
62	62	of the district as a community and business center; and
63	63	(3) promote the health, safety, welfare, and enjoyment
64	64	of the public by providing trails, landscaping, and other services
65	65	that are necessary for the restoration, preservation, and
66	66	enhancement of the scenic beauty and environment of the area.
67	67	Sec. 3858.005. DISTRICT TERRITORY. (a) The district is
68	68	composed of the territory described by Section 2 of the Act enacting
69	69	this chapter, as the territory may have been modified under:
70	70	(1) Section 375.043 or 375.044, Local Government Code;
71	71	or
72	72	(2) other law.
73	73	(b) The boundaries and field notes of the district contained
74	74	in Section 2 of the Act enacting this chapter form a closure. A
75	75	mistake in the field notes of the district contained in Section 2 of
76	76	the Act enacting this chapter or in copying the field notes in the
77	77	legislative process does not in any way affect:
78	78	(1) the district's organization, existence, or
79	79	validity;
80	80	(2) the district's right to contract, including the
81	81	right to issue any type of bond or other obligation for a purpose
82	82	for which the district is created;
83	83	(3) the district's right to impose or collect an
84	84	assessment, tax, or other revenue; or
85	85	(4) the legality or operation of the board.
86	86	Sec. 3858.006. APPLICABILITY OF MUNICIPAL MANAGEMENT
87	87	DISTRICTS LAW. Except as otherwise provided by this chapter,
88	88	Chapter 375, Local Government Code, applies to the district.
89	89	[Sections 3858.007-3858.050 reserved for expansion]
90	90	SUBCHAPTER B. BOARD OF DIRECTORS
91	91	Sec. 3858.051. GOVERNING BODY; TERMS. The district is
92	92	governed by a board of five directors who serve staggered terms of
93	93	four years, with two or three directors' terms expiring June 1 of
94	94	each odd-numbered year.
95	95	Sec. 3858.052. APPOINTMENT OF DIRECTORS. (a) The
96	96	commissioners court shall appoint as directors the following:
97	97	(1) Position 1: a public citizen who resides in Hays
98	98	County;
99	99	(2) Position 2: a person who owns residential
100	100	property in the district;
101	101	(3) Position 3: a person who owns commercial property
102	102	in the district;
103	103	(4) Position 4: a person who meets the qualifications
104	104	described by Section 375.063, Local Government Code; and
105	105	(5) Position 5: the city administrator of the City of
106	106	Dripping Springs.
107	107	(b) If the commissioners court is unable to identify a
108	108	person qualified for a director's position as provided by
109	109	Subsection (a)(2) or (3) who is willing and able to serve, the
110	110	commissioners court shall appoint to the place a person who meets
111	111	the qualifications under Section 375.063, Local Government Code.
112	112	Sec. 3858.053. VACANCY. The commissioners court shall fill
113	113	a vacancy on the board by appointing a person who meets the
114	114	qualifications prescribed by Section 375.063, Local Government
115	115	Code, to serve for the remainder of the unexpired term.
116	116	Sec. 3858.054. PETITION; ELECTION. (a) The owner or owners
117	117	of at least 40 percent of the assessed value of property in the
118	118	district may submit a petition to the commissioners court
119	119	requesting an election of the board.
120	120	(b) If the commissioners court receives a petition under
121	121	Subsection (a), the commissioners court shall order an election of
122	122	board members in the district.
123	123	(c) The board shall give notice of the election not later
124	124	than the 30th day before the date of the election.
125	125	(d) Of the directors elected to the board in an election
126	126	under this section, the terms of the directors appointed for
127	127	positions 1 through 3 expire on the third June 1 after the election,
128	128	and the terms of directors appointed for positions 4 and 5 expire on
129	129	June 1 following the election.
130	130	Sec. 3858.055. INITIAL DIRECTORS. (a) The initial board
131	131	consists of the following directors:
132	132	Position Name of Director Position Name of Director
133	133	Position Name of Director
134	134	1 Silver Garza 1 Silver Garza
135	135	1 Silver Garza
136	136	2 Scott Roberts 2 Scott Roberts
137	137	2 Scott Roberts
138	138	3 Curtis Wilson 3 Curtis Wilson
139	139	3 Curtis Wilson
140	140	4 Ken Manning 4 Ken Manning
141	141	4 Ken Manning
142	142	5 Michelle Fischer 5 Michelle Fischer
143	143	5 Michelle Fischer
144	144	(b) The terms of the initial directors appointed for
145	145	positions 1 through 3 expire June 1, 2013, and the terms of the
146	146	initial directors appointed for positions 4 and 5 expire June 1,
147	147	2011.
148	148	(c) Section 3858.052(a) does not apply to this section.
149	149	(d) This section expires June 1, 2014.
150	150	[Sections 3858.056-3858.100 reserved for expansion]
151	151	SUBCHAPTER C. POWERS AND DUTIES
152	152	Sec. 3858.101. GENERAL POWERS AND DUTIES. The district has
153	153	the powers and duties necessary to accomplish the purposes for
154	154	which the district was created.
155	155	Sec. 3858.102. IMPROVEMENT PROJECTS. (a) The district may
156	156	provide, or it may enter into contracts with a governmental or
157	157	private entity to provide, the following types of improvement
158	158	projects or activities in support of or incidental to those
159	159	projects:
160	160	(1) the planning, design, construction, improvement,
161	161	operation, and maintenance of:
162	162	(A) irrigation facilities and landscaping;
163	163	(B) highway right-of-way or transit corridor
164	164	beautification and improvement;
165	165	(C) lighting, banners, and signs;
166	166	(D) a street or sidewalk;
167	167	(E) a hiking or cycling path or trail;
168	168	(F) a park, lake, garden, recreational facility,
169	169	sports facility, open space, scenic area, or related exhibit or
170	170	preserve;
171	171	(G) a fountain, plaza, or pedestrian mall;
172	172	(H) a drainage or storm-water detention
173	173	improvement;
174	174	(I) a wastewater treatment and disposal
175	175	facility;
176	176	(J) a water quality protection facility;
177	177	(K) a facility to enhance groundwater recharge;
178	178	(L) an alternative energy facility; or
179	179	(M) solid waste management services, including
180	180	garbage collection, recycling, and composting;
181	181	(2) the planning, design, construction, acquisition,
182	182	lease, rental, improvement, maintenance, installation, and
183	183	management of and provision of furnishings for a facility for:
184	184	(A) a conference, convention, or exhibition;
185	185	(B) a manufacturer, consumer, or trade show;
186	186	(C) a civic, community, or institutional event;
187	187	or
188	188	(D) an exhibit, display, attraction, special
189	189	event, or seasonal or cultural celebration or holiday; or
190	190	(3) a special or supplemental service for the
191	191	improvement and promotion of the district or an area adjacent to the
192	192	district for the protection of public health and safety in or
193	193	adjacent to the district, including:
194	194	(A) advertising;
195	195	(B) promotion;
196	196	(C) tourism;
197	197	(D) health and sanitation;
198	198	(E) public safety;
199	199	(F) security;
200	200	(G) fire protection or emergency medical
201	201	services;
202	202	(H) business recruitment;
203	203	(I) development;
204	204	(J) elimination of traffic congestion;
205	205	(K) recreational, educational, or cultural
206	206	improvements, enhancements, and services; or
207	207	(L) any similar public improvement, facility, or
208	208	service.
209	209	(b) The district may not undertake a project under this
210	210	section unless the board determines the project to be necessary to
211	211	accomplish the public purpose of the district.
212	212	Sec. 3858.103. CONTRACTS; GIFTS; DONATIONS. The district
213	213	may:
214	214	(1) contract with any person to accomplish any
215	215	district purpose, including a contract for:
216	216	(A) the payment, repayment, or reimbursement of
217	217	costs incurred by that person on behalf of the district, including
218	218	all or part of the costs of an improvement project and interest on
219	219	the reimbursed costs;
220	220	(B) the use, occupancy, lease, rental,
221	221	operation, maintenance, or management of all or part of a proposed
222	222	or existing improvement project; or
223	223	(C) the provision of law enforcement services to
224	224	the district for a fee;
225	225	(2) apply for and contract with any person to receive,
226	226	administer, and perform a duty or obligation of the district under a
227	227	federal, state, local, or private gift, grant, loan, conveyance,
228	228	transfer, bequest, or other financial assistance arrangement
229	229	relating to investigation, planning, analysis, study, design,
230	230	acquisition, construction, improvement, completion,
231	231	implementation, or operation by the district or others of a
232	232	proposed or existing improvement project; and
233	233	(3) accept a grant or donation from any person.
234	234	Sec. 3858.104. RULES; ENFORCEMENT. (a) The district may
235	235	adopt and enforce rules:
236	236	(1) to administer or operate the district;
237	237	(2) for the use, enjoyment, availability, protection,
238	238	security, and maintenance of the district's property and
239	239	facilities; or
240	240	(3) to provide for public safety and security in the
241	241	district.
242	242	(b) The district may enforce its rules by injunctive relief.
243	243	Sec. 3858.105. COMPETITIVE BIDDING. Section 375.221, Local
244	244	Government Code, does not apply to the formation of a district
245	245	contract.
246	246	Sec. 3858.106. EMINENT DOMAIN. The district may not
247	247	exercise the power of eminent domain.
248	248	[Sections 3858.107-3858.150 reserved for expansion]
249	249	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
250	250	Sec. 3858.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
251	251	board by resolution shall establish the number of directors'
252	252	signatures and the procedure required for a disbursement or
253	253	transfer of the district's money.
254	254	Sec. 3858.152. BONDS; DEBT. The district may not issue
255	255	bonds, borrow money, or incur any type of debt.
256	256	Sec. 3858.153. AD VALOREM TAX; ELECTION. (a) The district
257	257	must hold an election in the manner provided by Subchapter L,
258	258	Chapter 375, Local Government Code, to obtain voter approval before
259	259	the district imposes an ad valorem tax.
260	260	(b) If authorized at an election under Subsection (a) and
261	261	subject to Subsection (c), the district may impose an annual ad
262	262	valorem tax on taxable property in the district to:
263	263	(1) maintain and operate the district;
264	264	(2) construct or acquire improvements; or
265	265	(3) provide a service.
266	266	(c) The board may impose a tax on residential property in
267	267	the district only if the revenue requirements of the district are
268	268	not satisfied by the other taxes imposed by the board.
269	269	(d) The board shall determine the tax rate. The tax rate may
270	270	not exceed 15 cents per $100 valuation.
271	271	Sec. 3858.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
272	272	The board by resolution may impose and collect an assessment for any
273	273	purpose authorized by this chapter.
274	274	(b) An assessment, a reassessment, or an assessment
275	275	resulting from an addition to or correction of the assessment roll
276	276	by the district, penalties and interest on an assessment or
277	277	reassessment, an expense of collection, and reasonable attorney's
278	278	fees incurred by the district:
279	279	(1) are a first and prior lien against the property
280	280	assessed;
281	281	(2) are superior to any other lien or claim other than
282	282	a lien or claim for county, school district, or municipal ad valorem
283	283	taxes; and
284	284	(3) are the personal liability of and a charge against
285	285	the owners of the property even if the owners are not named in the
286	286	assessment proceedings.
287	287	(c) The lien is effective from the date of the board's
288	288	resolution imposing the assessment until the date the assessment is
289	289	paid. The board may enforce the lien in the same manner that the
290	290	board may enforce an ad valorem tax lien against real property.
291	291	(d) The board may make a correction to or deletion from the
292	292	assessment roll that does not increase the amount of assessment of
293	293	any parcel of land without providing notice and holding a hearing in
294	294	the manner required for additional assessments.
295	295	Sec. 3858.155. SALES AND USE TAX. (a) Except as otherwise
296	296	provided by this section, Subtitles A and B, Title 2, Tax Code, and
297	297	Chapter 151, Tax Code, apply to a tax imposed under this section and
298	298	to the administration and enforcement of that tax in the same manner
299	299	that those laws apply to a state tax.
300	300	(b) Except as otherwise provided by this chapter, Chapter
301	301	321, Tax Code, applies to the imposition, computation,
302	302	administration, and governance of a sales and use tax imposed under
303	303	this section, except that Section 321.101, Tax Code, does not
304	304	apply.
305	305	(c) The board may impose a tax on the receipts from the sale
306	306	at retail of taxable items within the district, and an excise tax on
307	307	the use, storage, or other consumption in the district of taxable
308	308	items purchased, leased, or rented from a retailer in the district.
309	309	(d) The board shall determine the rate of the tax, which may
310	310	be in one-eighth of one percent increments not to exceed two
311	311	percent.
312	312	(e) A tax under this section is applied to the sales price of
313	313	a taxable item.
314	314	Sec. 3858.156. HOTEL OCCUPANCY TAX. The district may
315	315	impose a hotel occupancy tax in the manner that Chapter 351, Tax
316	316	Code, provides for a municipality. A tax imposed under this section
317	317	may not exceed seven percent of the price paid for lodging in the
318	318	district.
319	319	Sec. 3858.157. ACCOUNTING. (a) On the conclusion of each
320	320	fiscal year, the board shall obtain from an independent entity a
321	321	review of the district's financial activities for the preceding
322	322	fiscal year.
323	323	(b) Not later than September 1, the board annually shall
324	324	submit to the commissioners court a written report containing:
325	325	(1) the findings of a review under Subsection (a);
326	326	(2) if not included in the review, accounting records
327	327	of the preceding fiscal year; and
328	328	(3) a summary of the activities of the district during
329	329	the preceding fiscal year.
330	330	(c) Notwithstanding Subsection (b), the board shall submit
331	331	its initial annual report not later than September 1, 2010. This
332	332	subsection expires October 1, 2010.
333	333	SECTION 2. The Driftwood Economic Development Municipal
334	334	Management District initially contains all the territory contained
335	335	in the following described area:
336	336	FIELDNOTE DESCRIPTION of a tract or parcel of land containing
337	337	500.286 acres situated in the Fannie A. D. Darden, Abstract No. 664
338	338	and the Freelove Woody Survey No. 23, Abstract No. 20, Hays County,
339	339	Texas, being a portion of that tract conveyed to Masa Scott Roberts
340	340	by deed recorded in Volume 966, Page 156 of the Deed Records of Hays
341	341	County, Texas and further described as Tract 1 of 130 acres, Tract 2
342	342	of 100 acres and Tract 3 of 47 1/2 acres and Tract 4 of 200 acres,
343	343	being further described by the deed recorded in Volume 168, Page 156
344	344	of the said Deed Records and all of that 44.1134 acre tract conveyed
345	345	to Driftwood Equities, Ltd. By the deed recorded in Volume 1433,
346	346	Page 776 of the said Deed Records, said 44.1134 acre tract being a
347	347	portion of that 100 acre tract conveyed to Masa Scott Roberts by the
348	348	deed recorded in Volume 301, Page 865 of the said Deed Records; the
349	349	herein described 500.286 acre tract is more particularly described
350	350	by metes and bounds as follows:
351	351	BEGINNING at a 1/2" iron rod found in the east right-of-way
352	352	line of State Highway FM 150 (80' right-of-way), being the west line
353	353	of the above said 288 acre tract, for the northwest corner of a
354	354	12.00 acre tract conveyed to Horance Seiders and Violet Seiders by
355	355	deed recorded in Volume 354, Page 763 of the said Deed Records, said
356	356	1/2" iron rod found bears N0753'25"W, 329.46 feet from a TxDOT Type
357	357	I concrete right-of-way monument found 40.00 feet left of State
358	358	Highway FM 150 centerline station 281+96.9;
359	359	THENCE, N0753'25"W, with the east right-of-way line of State
360	360	Highway FM 150, a distance of 663.25 feet to a 1/2" iron rod found
361	361	for the southwest corner of that 12.46 acre tract conveyed to
362	362	Rudolph Kranse and Gregory Hargis by deed recorded in Volume 771,
363	363	Page 651 of the said Deed Records, said 1/2" iron rod found bears
364	364	S0753'25"E, 73.86 feet from a TxDOT Type I concrete right-of-way
365	365	monument found 40.00 feet left of State Highway centerline station
366	366	271+30.4;
367	367	THENCE, N8802'55"E, crossing into the 288 acre tract, with
368	368	the south line of the said 12.46 acre tract, 912.29 feet to a 1/2"
369	369	iron rod set for the southeast corner of the aforesaid 12.46 acre
370	370	tract;
371	371	THENCE, N0646'55"W, 600.43 feet to a 1/2" iron rod found for
372	372	the northeast corner of the said 12.46 acre tract;
373	373	THENCE, S8902'53"W, with the north deed line of the said
374	374	12.46 acre tract, 77.37 feet to the calculated point of
375	375	intersection of this north deed line, with the east deed line of
376	376	that 5.2506 acre tract conveyed to Kathleen Collins and Thomas
377	377	Wendt by deed recorded in Volume 1427, Page 454 of the said Deed
378	378	Records, said 5.2506 acre tract being a portion of that 10.283 acre
379	379	tract described in the deed to Warren Dunn, Jr. recorded in Volume
380	380	1376, Page 684 of the said Deed Records, the said calculated point
381	381	bears N0517'08"E, 2.95 feet from a 1/2" iron rod found for the
382	382	southeast corner of the aforesaid 10.283 acre tract;
383	383	THENCE, N0517'08"E, with the east line of the 10.283 acre
384	384	tract, at a distance of 131.06 feet (record distance) pass the
385	385	common east corner of the said 5.2506 acre tract and a 5.04 acre
386	386	tract described in a deed to Michael Dunn and recorded in Volume
387	387	1296, Page 414 of the said Deed Records, and continuing for a total
388	388	distance of 618.54 feet to a 5/8" iron rod found for the northeast
389	389	corner of the said 10.283 acre tract and the 5.04 acre tract, being
390	390	on the apparent common line between the above said 288 acre tract
391	391	and the 100 acre tract, same being the POINT OF REFERENCE for the
392	392	5.336 acre tract described below;
393	393	THENCE, S8624'25"W, with the above said common line between
394	394	the 288 acre tract and the 100 acre tract, being the north line of
395	395	the 5.04 acre tract and the 10.283 acre tract, 91.89 feet to a 1/2"
396	396	iron rod found for the southeast corner of a 14 acre tract conveyed
397	397	to Mrs. Elna Ludine Roberts by deed recorded in Volume 135, Page 38
398	398	of the said Deed Records and being the apparent southwest corner of
399	399	the 100 acre tract (Tract 2) described above;
400	400	THENCE, N0727'54"W, with the common line between the said 14
401	401	acre tract and the 100 acre tract, 1242.44 feet to a 1/2" iron rod
402	402	found for the common north corner of the aforesaid 14 acre tract and
403	403	the 100 acre tract, being in the south line of Lot 1-D, "Division of
404	404	Lot 1, the J. V. Ash, Jr. Subdivision", a subdivision recorded in
405	405	Volume 10, Page 217 of the Plat Records of Hays County, Texas;
406	406	THENCE, S8918'23"E, 174.13 feet to a 1/2" iron rod found for
407	407	the southeast corner of said Lot 1-D, being the southwest corner of
408	408	that 0.83 acre tract conveyed to Masa Scott Roberts by deed recorded
409	409	in Volume 333, Page 323 of the said Deed Records, and being in the
410	410	common line between the said 100 acre tract and the 130 acre tract
411	411	(Tract 1) described above;
412	412	THENCE, N0844'17"W, with the east line of Lot 1-D, being the
413	413	west line of the said 0.83 acre tract, 101.46 feet to a 1/2" iron rod
414	414	found for an angle point;
415	415	THENCE, N3327'31"E, with the west line of the said 0.83 acre
416	416	tract, at 148.39 feet pass a 1/2" iron rod found for the common east
417	417	corner of Lot 1-D, and Lot 1-B, of said "Division of Lot 1, The J. V.
418	418	Ash, Jr. Subdivision", for a total distance of 209.96 feet to a
419	419	fence corner post found for an angle point in said Lot 1-B, being
420	420	the most northerly corner of the aforesaid 0.83 acre tract;
421	421	THENCE, S6954'59"E, with the north line of the said 0.83 acre
422	422	tract, 18.34 feet to a cotton gin spindle found in rock, for the
423	423	southeast corner of said Lot 1-B, being the southwest corner of Lot
424	424	2, Block 'B', "Creek of Driftwood Subdivision", a subdivision
425	425	recorded in Volume 8, Page 246 of the said Plat Records;
426	426	THENCE, along the centerline of Onion Creek, with the
427	427	northeast and easterly line of the above said 130 acre tract, for
428	428	the following twenty-six (26) courses:
429	429	1) S8026'41"E, 216.51 feet to a calculated angle point in
430	430	the south line of Lot 2, Block 'B', from which a 100d nail set for
431	431	reference bears S8522'12"W, 52.47 feet;
432	432	2) N8933'24"E, 514.79 feet to the calculated southeast
433	433	corner of said Lot 2, Block 'B';
434	434	3) S5423'50"E, 13.02 feet to a calculated angle point on the
435	435	south line of that 9.533 acre tract conveyed to Tom Hewett by deed
436	436	recorded in Volume 363, Page 256 of the said Deed Records;
437	437	4) N8954'14"E, 70.80 feet to a calculated angle point in the
438	438	said south line of the 9.533 acre tract, from which a cotton gin
439	439	spindle set for reference bears N6902'42"E, 138.90 feet;
440	440	5) N5958'53"E, 562.38 feet to the calculated southeast
441	441	corner of the 9.583 acre tract, being the southwest corner of Lot
442	442	34, "Driftwood Falls Estates", a subdivision recorded in Volume 4,
443	443	Page 111 of the said Plat Records;
444	444	6) N5952'14"E, 343.26 feet to a calculated point for the
445	445	southeast corner of said Lot 34, "Driftwood Falls Estates", from
446	446	which a 1/2" iron rod found with cap, for the northeast corner of
447	447	aforesaid Lot 34, bears N4256'02"W, 386.89 feet and a 100d nail set
448	448	for reference bears N2035'12"E, 70.23 feet;
449	449	7) N2245'14"E, at 257.83 feet pass a calculated point for
450	450	the northeast corner of Lot 35, Driftwood Falls Estates, from said
451	451	calculated point a 1/2" iron rod found for the most northerly corner
452	452	of said Lot 35, bears N7519'16"W, 355.71 feet, and continuing for a
453	453	total distance of 752.70 feet to the calculated southeast corner of
454	454	Lot 39, "Driftwood Falls Estates", from which a 100d nail set for
455	455	reference bears N4329'40"W, 26.48 feet;
456	456	8) N0406'47"W, at 110.23 feet pass the calculated northeast
457	457	corner of said Lot 39, bearing N8220'00"E, 652.52 feet from a 1/2"
458	458	iron rod found for the northwest corner of aforesaid Lot 39, and
459	459	continuing for a total distance of 606.60 feet to a calculated angle
460	460	point;
461	461	9) N1319'47"W, at 68.75 feet pass a 1/2" iron rod found 0.31
462	462	feet to the east, at a distance of 179.17 feet pass a 1/2" iron rod
463	463	found 0.06 feet to the east for the northeast corner of Lot 45,
464	464	"Driftwood Falls Estates", from which a 1/2" iron rod found for the
465	465	northwest corner of said Lot 45, bears N8223'39"E, 666.13 feet, and
466	466	continuing for a total distance of 568.40 feet to a calculated angle
467	467	point, from which a 100d nail set for reference bears N7541'33"W,
468	468	16.29 feet;
469	469	10) N0318'47"W, at a distance of 54.87 feet pass the
470	470	calculated northeast corner of Lot 49, "Driftwood Falls Estates",
471	471	from which a 1/2" iron rod found for the northwest corner of said
472	472	Lot 49, bears S8213'14"W, 632.97 feet, continuing for a total
473	473	distance of 281.50 feet to the calculated southeast corner of Lot
474	474	53, "Driftwood Falls Estates", from which a 100d nail set for
475	475	reference bears N3616'47"W, 63.79 feet;
476	476	11) N5137'43"E, 172.19 feet to the calculated southeast
477	477	corner of Lot 1, being the southwest corner of Lot 2, "Pier Branch",
478	478	a subdivision recorded in Volume 4, Page 105 of the said Plat
479	479	Records, from which a cotton gin spindle set for reference bears
480	480	N5635'12"E, 95.36 feet;
481	481	12) N7522'14"E, 537.60 feet to the calculated southeast
482	482	corner of Lot 5, being the southwest corner of Lot 6, "Pier Branch",
483	483	from which a cotton gin spindle set for reference bears S7204'16"W,
484	484	122.85 feet;
485	485	13) S8914'47"E, at 384.70 feet pass the calculated
486	486	southeast corner of said Lot 6, "Pier Branch" and continuing for a
487	487	total distance of 405.32 feet to a calculated point on the southwest
488	488	line of Lot 4, "Onion Creek Ranch", a subdivision recorded in Volume
489	489	8, Page 65 of the said Plat Records;
490	490	14) S6618'14"E, 117.62 feet to a calculated angle point in
491	491	the southwest line of said Lot 4, "Onion Creek Ranch";
492	492	15) S4624'35"E, at 58.92 feet pass the calculated southeast
493	493	corner of said Lot 4, being the most westerly corner of Lot 5,
494	494	"Onion Creek Ranch", for a total distance of 218.49 feet to a
495	495	calculated angle point, from which a cotton gin spindle set for
496	496	reference bears N0341'39"W, 28.36 feet;
497	497	16) S0139'52"E, 171.50 feet to the calculated south corner
498	498	of said Lot 5, being the northwest corner of Lot 6, "Onion Creek
499	499	Ranch";
500	500	17) S0644'04"E, 158.73 feet to a calculated angle point on
501	501	the west line of said Lot 6, "Onion Creek Ranch", from which a
502	502	cotton gin spindle set for reference bears S4629'20"E, 25.10 feet;
503	503	18) S3451'10"E, 115.94 feet to the calculated south corner
504	504	of said Lot 6, being the west corner of Lot 7, "Onion Creek Ranch",
505	505	from said calculated corner, a 1/2" iron rod found for the common
506	506	front corner of Lot 6 and said Lot 7, bears N5435'38"E, 881.31 feet;
507	507	19) S3458'00"E, 249.36 feet to the calculated south corner
508	508	of said Lot 7, being the west corner of Lot 8, "Onion Creek Ranch",
509	509	from which a cotton gin spindle set for reference bears S3145'11"E,
510	510	39.10 feet;
511	511	20) S3459'43"E, 265.58 feet to the calculated south corner
512	512	of said Lot 8, being the west corner of Lot 9, "Onion Creek Ranch",
513	513	from which a cotton gin spindle set for reference bears N1534'10"W,
514	514	44.83 feet;
515	515	21) S3803'26"E, 166.09 feet to the calculated south corner
516	516	of said Lot 9, being the west corner of Lot 10, "Onion Creek Ranch",
517	517	from which a 1/2" iron rod found for the common east corner of said
518	518	Lot 9 and Lot 10, bears N6558'15"E, 895.71 feet and a cotton gin
519	519	spindle set for reference bears S1714'52"E, 88.24 feet;
520	520	22) S0443'33"E, 96.82 feet to the calculated southwest
521	521	corner of said Lot 10, being the northwest corner of Lot 11, "Onion
522	522	Creek Ranch", from which a 1/2" iron rod found for the common east
523	523	corner of said Lot 10 and Lot 11, bears N8835'17"E, 882.00 feet and
524	524	a cotton gin spindle set for reference bears S5606'07"W, 21.91
525	525	feet;
526	526	23) S0449'35"E, 294.73 feet to an angle point, from which a
527	527	cotton gin spindle set for reference bears S4552'36"W, 2.36 feet;
528	528	24) S0856'55"W, 526.01 feet to a calculated angle point on
529	529	the west line of Lot 13, "Onion Creek Ranch", from which a 100d nail
530	530	set for reference bears S0550'22"E, 124.61 feet;
531	531	25) S1113'40"E, at 599.04 feet pass the calculated
532	532	southwest corner of Lot 15, "Onion Creek Ranch", from which a 1/2"
533	533	iron rod found for the common east corner of said Lot 15 and Lot 16,
534	534	"Onion Creek Ranch", bears N8834'04"E, 826.89 feet, and continuing
535	535	for a total distance of 636.74 feet to a calculated angle point,
536	536	from which a 100d nail set for reference bears S5905'05"W, 41.41
537	537	feet;
538	538	26) S1648'00"W, 222.06 feet to the calculated southwest
539	539	corner of said Lot 16, "Onion Creek Ranch";
540	540	THENCE, S6357'25"W, 6.10 feet to a calculated point in the
541	541	center of Onion Creek for the northwest corner of that 331.26 acre
542	542	tract conveyed to R. L. Struhall by deed recorded in Volume 226,
543	543	Page 633 of the said Deed Records;
544	544	THENCE, along the west line of the said 331.26 acre tract,
545	545	being the east line of the 100 acre tract (Tract 2) and the 288 acre
546	546	tract described above, with the centerline of Onion Creek, for the
547	547	following thirteen (13) courses:
548	548	1) S2638'17"W, 342.88 feet to a calculated point, from
549	549	which a cotton gin spindle set for reference bears N3846'17"E,
550	550	75.98 feet;
551	551	2) S2839'17"W, 315.55 feet to a calculated point, from
552	552	which a cotton gin spindle set for reference bears N6151'06"E,
553	553	24.65 feet;
554	554	3) S2231'17"W, 359.14 feet to a calculated point;
555	555	4) S1618'43"E, 467.30 feet to a calculated point;
556	556	5) S1710'43"E, 266.81 feet to a calculated point;
557	557	6) S2512'43"E, 91.93 feet to a calculated point;
558	558	7) S3424'43"E, 293.21 feet to a calculated point;
559	559	8) S3658'43"E, 312.92 feet to a calculated point;
560	560	9) S4111'43"E, 251.02 feet to a calculated point;
561	561	10) S5215'43"E, 120.82 feet to a calculated point;
562	562	11) S6334'43"E, 223.03 feet to a calculated point;
563	563	12) S1053'43"E, 179.29 feet to a calculated point;
564	564	13) S4043'43"E, 275.34 feet to the calculated southwest
565	565	corner of the said 331.26 acre tract, being on or near the north
566	566	line of the aforesaid 100 acre tract;
567	567	THENCE, N8925'17"E, with the south line of the 331.26 acre
568	568	tract and north line of the said 100 acre tract, at a distance of
569	569	474.40 feet pass a 1/2" iron rod found 0.70 feet to the north for an
570	570	angle point on the north line of the aforesaid 44.1134 acre tract,
571	571	at a distance of 2255.00 feet pass a 5/8" iron pipe found for the
572	572	southeast corner of the said 331.26 acre tract, for a total distance
573	573	of 2255.80 feet to the calculated point of intersection of this
574	574	south line with the west right-of-way line of State Highway FM 1826
575	575	(80.00' right-of-way), from which a TxDOT Type I concrete monument
576	576	found 40.00 feet right of State Highway centerline station
577	577	573+08.2, bears N2531'18"E, 282.85 feet, said calculated point
578	578	being the northeast corner of the 44.1134 acre tract described
579	579	above;
580	580	THENCE, with the common north right-of-way line of State
581	581	Highway FM 1826 and south line of the said 44.1134 acre tract and
582	582	the 288 acre tract, for the following fourteen (14) courses:
583	583	1) S2531'18"W, 505.14 feet to a TxDOT Type I concrete
584	584	monument found 40.00 feet right of State Highway centerline station
585	585	580+96.2, for the point of curvature of a non-tangent curve to the
586	586	right;
587	587	2) With the said curve to the right, having a central angle
588	588	of 6757'41", a radius of 1105.92 feet, a long chord of 1236.23 feet
589	589	(chord bears S5933'48"W), for an arc distance of 1311.78 feet to a
590	590	TxDOT Type I concrete monument found 40.00 feet right of State
591	591	Highway centerline station 594+56.2;
592	592	3) N8627'23"W, 643.70 feet to a calculated angle point
593	593	40.00 feet right of State Highway centerline station 601+00, from
594	594	which a TxDOT Type I concrete monument found bears S3720'38"W, 0.41
595	595	feet;
596	596	4) N7508'47"W, 101.98 feet to a calculated angle point
597	597	60.00 feet right of State Highway centerline station 602+00.0, from
598	598	which a TxDOT Type I concrete monument found, bears S5936'59"W,
599	599	0.62 feet;
600	600	5) N8628'15"W, at a distance of 188.71 feet pass the
601	601	calculated southeast corner of the above said 44.1134 acre tract,
602	602	for a total distance of 399.82 feet to a TxDOT Type I concrete
603	603	monument found 60.00 feet right of State Highway centerline station
604	604	606+00.0;
605	605	6) S8214'29"W, 101.93 feet to a TxDOT Type I concrete
606	606	monument found 40.00 feet right of State Highway centerline station
607	607	607+00.0;
608	608	7) N8624'35"W, 95.03 feet to a TxDOT Type I concrete
609	609	monument found 40.00 feet right of State Highway centerline station
610	610	607+94.8, for the point of curvature of a non-tangent curve to the
611	611	right;
612	612	8) With the said curve to the right, having a central angle
613	613	of 2245'43", a radius of 1392.39 feet, a long chord of 549.53 feet
614	614	(chord bears N7504'48"W), for an arc distance of 553.16 feet to a
615	615	TxDOT Type I concrete monument found 40.00 feet right of State
616	616	Highway centerline station 613+64.0;
617	617	9) N6338'40"W, 229.74 feet to a calculated point 40.00 feet
618	618	right of State Highway centerline station 615+94.5, from which a
619	619	TxDOT Type I concrete monument found bears N1918'05"W, 0.71 feet
620	620	and a TxDOT Type I concrete monument found, 40.00 feet left of
621	621	centerline station 615+94.5, bears S2648'33"E, 79.92 feet, said
622	622	calculated point being the point of curvature of a non-tangent
623	623	curve to the left;
624	624	10) With the said curve to the left, having a central angle
625	625	of 4934'00", a radius of 1185.92 feet, a long chord of 994.25 feet
626	626	(chord bears N8825'32"W), for an arc distance of 1025.94 feet to a
627	627	TxDOT Type I concrete monument found, 40.00 feet right of State
628	628	Highway centerline station 625+85.8, from which a TxDOT Type I
629	629	concrete monument found, being 40.00 feet left of State Highway
630	630	centerline station 625+85.8, bears S2304'30"E, 79.56 feet;
631	631	11) S6647'28"W, 428.70 feet to a calculated point 40.00
632	632	feet right of State Highway centerline station 630+14.5, from which
633	633	a TxDOT Type I concrete monument found bears N5725'35"W, 0.42 feet
634	634	and a found TxDOT Type I concrete monument found 40.00 feet left of
635	635	State Highway centerline station 630+14.5, bears S2305'58"E, 80.09
636	636	feet, said calculated point being the point of curvature of a
637	637	non-tangent curve to the right;
638	638	12) With the said curve to the right, having a central angle
639	639	of 2424'00", a radius of 1105.92 feet, a long chord of 467.42 feet
640	640	(chord bears S7859'28"W), for an arc distance of 470.97 feet to a
641	641	TxDOT Type I concrete monument found 40.00 feet right of State
642	642	Highway centerline station 635+02.5;
643	643	13) N8848'32"W, 1094.41 feet to a TxDOT Type I concrete
644	644	monument found 40.00 feet right of State Highway centerline station
645	645	645+97.4, being the point of curvature of a curve to the right;
646	646	14) With the said curve to the right, having a central angle
647	647	of 0053'27", a radius of 5689.58 feet, a long chord of 88.47 feet
648	648	(chord bears N8822'12"W), for an arc distance of 88.47 feet to a
649	649	calculated point for corner, from which a 1/2" iron rod found for
650	650	the southeast corner of a 0.50 acre tract conveyed to Horance
651	651	Seiders by deed recorded in Volume 501, Page 767 of the said Deed
652	652	Records, bears S1019'07"E, 0.07 feet;
653	653	THENCE, N1019'07"W, with the east line of the said 0.50 acre
654	654	tract, at a distance of 513.40 feet pass a 1/2" iron rod found, for a
655	655	total distance of 662.29 feet to a 1/2" iron rod found for the most
656	656	northerly corner of the aforesaid 0.50 acre tract, being the
657	657	northeast corner of afore said 12.00 acre tract;
658	658	THENCE, S8820'55"W, with the north line of the 12.00 acre
659	659	tract, 867.39 feet to the POINT OF BEGINNING, CONTAINING within
660	660	these metes and bounds 500.286 acres of land area, SAVE and EXCEPT
661	661	the following 5.336 acres, being all of that 5.2 acre tract conveyed
662	662	to Christella Alberado by deed recorded in Volume 302, Page 484 of
663	663	the said Deed Records and is more particularly described by metes
664	664	and bounds as follows:
665	665	COMMENING at the 5/8" iron rod found for the northeast corner
666	666	of the 10.283 acre tract described above as the POINT OF REFERENCE:
667	667	THENCE, N8613'55"E, with the south line of the above said 100
668	668	acre tract, for a distance of 49.97 feet to a 1/2" iron rod found for
669	669	the northwest corner of the said 5.2 acre tract and the POINT OF
670	670	BEGINNING of the herein described tract;
671	671	THENCE, N8622'32"E, with the north line of the said 5.2 acre
672	672	tract, 314.54 feet to a 1/2" iron rod found for an angle point;
673	673	THENCE, N8739'46"E, 436.49 feet to a 1/2" iron rod found for
674	674	the northeast corner of the said 5.2 acre tract;
675	675	THENCE, S0536'14"W, 310.15 feet to a 60d nail found in a
676	676	fence corner post for the southeast corner of the said 5.2 acre
677	677	tract;
678	678	THENCE, S8653'23"W, 377.12 feet to a 1/2" iron rod found for
679	679	an angle point;
680	680	THENCE, S8709'18"W, 372.19 feet to a 1/2" iron rod found for
681	681	the southwest corner of the said 5.2 acre tract;
682	682	THENCE, N0515'47"E, 311.23 feet to the POINT OF BEGINNING of
683	683	the herein described tract, CONTAINING within these metes and
684	684	bounds 5.336 acres of land area, SAVED AND EXCEPTED from the 500.286
685	685	acre tract described above, for a total NET AREA of 494.950 acres of
686	686	land area.
687	687	Except as noted, "1/2 inch iron rod set" denotes a 1/2 inch iron
688	688	rod, with a plastic cap marked "Capital Surveying Company, Inc.",
689	689	set for corner.
690	690	The bearings shown in this survey are grid bearings based on the
691	691	Texas State Plane Coordinate System, NAD 83 (HARN) Datum, South
692	692	Central Zone, derived by Global Positioning Systems surveys
693	693	FIELDNOTE DESCRIPTION of a tract or parcel of land containing
694	694	44.1722 acres situated in the Freelove Woody Survey No. 23,
695	695	Abstract No. 20, Hays County, Texas, being all of that portion of
696	696	the 100 acre tract lying east of State Highway FM 1826, conveyed to
697	697	Masa Scott Roberts by the deed recorded in Volume 301, Page 865 of
698	698	the Deed Records of Hays County, Texas; the herein described
699	699	44.1722 acre tract is more particularly described by metes and
700	700	bounds as follows:
701	701	BEGINNING at a 1/2" iron rod found, with plastic cap marked
702	702	"Capital Surveying Company, Inc.", at the intersection of the north
703	703	line of the said 100 acre tract with the east right-of-way line of
704	704	State Highway FM 1826 (80' right-of-way), being the most westerly
705	705	corner of that 1060.214 acre tract, described as Tract 2, conveyed
706	706	to LSM Ranch, Ltd. by the deed recorded in Volume 1628, Page 206 of
707	707	the said Deed Records and bears S2531'20"W, 242.50 feet from a
708	708	TxDOT Type I concrete monument found 40.00 feet left of State
709	709	Highway centerline station 573+08.2;
710	710	THENCE, N8831'49"E, with the south line of the 1060.214 acre
711	711	tract, 1594.81 feet to a 1/2" iron rod found for an interior corner
712	712	of the said 1060.214 acre tract and the northeast corner of the said
713	713	100 acre tract;
714	714	THENCE, S0059'15"E, at a distance of 523.55 feet pass a 1/2"
715	715	iron rod, with plastic cap marked "4542", for a southwest corner of
716	716	the aforesaid 1060.214 acre tract and an interior northwest corner
717	717	of that 700.03 acre tract conveyed to John Richard Rutherford by the
718	718	deed recorded in Volume 1214, Page 548 of the said Deed Records, and
719	719	continuing for a total distance of 1039.05 feet to a 60d nail found
720	720	in a fence corner post for an interior corner of the said 700.03
721	721	acre tract and the southeast corner of the aforesaid 100 acre tract;
722	722	THENCE, S8843'28"W, with the common line between the 700.03
723	723	acre tract and the 100 acre tract, at a distance of 2005.26 feet
724	724	pass a 1/2" iron rod found for the most westerly corner of the said
725	725	700.03 acre tract, for a total distance of 2005.48 feet to the
726	726	calculated intersection of this common line with the northeast
727	727	right-of-way line of State Highway FM 967 (80' right-of-way);
728	728	THENCE, N4110'54"W, with the northeast right-of-way line of
729	729	State Highway FM 967, 85.90 feet to a TxDOT Type I concrete monument
730	730	found at an angle point;
731	731	THENCE, N0143'24"W, continuing with the northeast
732	732	right-of-way line of State Highway FM 967, for a distance of 110.39
733	733	feet to a TxDOT Type I concrete monument found for an angle point at
734	734	the existing right-of-way intersection with State Highway FM 1826;
735	735	THENCE, N3005'26"E, leaving the northeast right-of-way line
736	736	of State Highway FM 967, with the occupied east right-of-way line of
737	737	State Highway FM 1826, for a distance of 435.14 feet to a TxDOT Type
738	738	I concrete monument found 40.00 feet left of State Highway
739	739	centerline station 580+96.2;
740	740	THENCE, N2531'22"E, continuing across the 100 acre tract,
741	741	with the east right-of-way line of State Highway FM 1826, for a
742	742	distance of 544.25 feet to the POINT OF BEGINNING, CONTAINING
743	743	within these metes and bounds 44.1722 acres of land area;
744	744	The bearings shown in this survey are grid bearings based on the
745	745	Texas State Plane Coordinate System, NAD 83 (HARN) Datum, South
746	746	Central Zone, derived by Global Positioning Systems surveys
747	747	SECTION 3. (a) The legal notice of the intention to
748	748	introduce this Act, setting forth the general substance of this
749	749	Act, has been published as provided by law, and the notice and a
750	750	copy of this Act have been furnished to all persons, agencies,
751	751	officials, or entities to which they are required to be furnished
752	752	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
753	753	Government Code.
754	754	(b) The governor, one of the required recipients, has
755	755	submitted the notice and Act to the Texas Commission on
756	756	Environmental Quality.
757	757	(c) The Texas Commission on Environmental Quality has filed
758	758	its recommendations relating to this Act with the governor, the
759	759	lieutenant governor, and the speaker of the house of
760	760	representatives within the required time.
761	761	(d) All requirements of the constitution and laws of this
762	762	state and the rules and procedures of the legislature with respect
763	763	to the notice, introduction, and passage of this Act are fulfilled
764	764	and accomplished.
765	765	SECTION 4. This Act takes effect immediately if it receives
766	766	a vote of two-thirds of all the members elected to each house, as
767	767	provided by Section 39, Article III, Texas Constitution. If this
768	768	Act does not receive the vote necessary for immediate effect, this
769	769	Act takes effect September 1, 2009.
770	770
771	771	Position Name of Director
772	772
773	773	1 Silver Garza
774	774
775	775	2 Scott Roberts
776	776
777	777	3 Curtis Wilson
778	778
779	779	4 Ken Manning
780	780
781	781	5 Michelle Fischer