Texas 2011 - 82nd Regular

Texas House Bill HB2942 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	82R17461 KYF-D
2	2	By: Workman H.B. No. 2942
3	3	Substitute the following for H.B. No. 2942:
4	4	By: Price C.S.H.B. No. 2942
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	relating to the creation and financing of the Lakeway Regional
9	9	Medical Center Defined Area in Travis County Water Control and
10	10	Improvement District No. 17; providing authority to impose a tax
11	11	and issue bonds.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle I, Title 6, Special District Local Laws
14	14	Code, is amended by adding Chapter 9017 to read as follows:
15	15	CHAPTER 9017. TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT
16	16	DISTRICT NO. 17
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 9017.001. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the district's board of directors.
20	20	(2) "Defined area" means the Lakeway Regional Medical
21	21	Center Defined Area.
22	22	(3) "District" means the Travis County Water Control
23	23	and Improvement District No. 17.
24	24	[Sections 9017.002-9017.050 reserved for expansion]
25	25	SUBCHAPTER B. LAKEWAY REGIONAL MEDICAL CENTER DEFINED AREA
26	26	Sec. 9017.051. CREATION OF LAKEWAY REGIONAL MEDICAL CENTER
27	27	DEFINED AREA. The defined area is created in the district.
28	28	Sec. 9017.052. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
29	29	The defined area is created to serve a public purpose and benefit.
30	30	(b) The defined area is created to accomplish the purposes
31	31	of:
32	32	(1) a water control and improvement district as
33	33	provided by general law and Section 59, Article XVI, Texas
34	34	Constitution; and
35	35	(2) Section 52, Article III, Texas Constitution, that
36	36	relate to the construction, acquisition, improvement, operation,
37	37	or maintenance of macadamized, graveled, or paved roads, or
38	38	improvements, including storm drainage, in aid of those roads.
39	39	Sec. 9017.053. INITIAL DEFINED AREA TERRITORY. (a) The
40	40	defined area is initially composed of the territory described by
41	41	Section 2 of the Act enacting this chapter.
42	42	(b) The boundaries and field notes contained in Section 2 of
43	43	the Act enacting this chapter form a closure. A mistake made in the
44	44	field notes or in copying the field notes in the legislative process
45	45	does not affect:
46	46	(1) the defined area's organization, existence, or
47	47	validity;
48	48	(2) the district's right to execute contracts or issue
49	49	any type of bond or obligation for the purposes for which the
50	50	defined area is created or to make payments under a contract or
51	51	obligation, or pay the principal of and interest on a bond;
52	52	(3) the district's right to impose a tax in the defined
53	53	area; or
54	54	(4) the defined area's legality or operation.
55	55	Sec. 9017.054. ADMINISTRATION OF DEFINED AREA. (a) Except
56	56	as provided by Subsection (b), the board shall administer the
57	57	defined area as provided by Chapter 51, Water Code.
58	58	(b) Sections 51.518-51.524 and 51.526-51.529, Water Code,
59	59	do not apply to the defined area.
60	60	Sec. 9017.055. ELECTIONS IN DEFINED AREA. (a) An election
61	61	limited to the defined area shall conform to the requirements of the
62	62	Election Code. The board shall submit the appropriate issue to the
63	63	voters of the defined area and the issue may also be submitted on
64	64	the same ballot to be used in a general election.
65	65	(b) In an election held for a purpose set forth in Section
66	66	9017.056, 9017.058, 9017.059, 9017.060, 9017.061, or 9017.062, the
67	67	board may include one or more purposes in a single proposition. The
68	68	ballot for an election under this chapter must be printed to provide
69	69	for voting for or against the proposition.
70	70	(c) An election under this section does not require that an
71	71	election be held in the part of the district outside the defined
72	72	area.
73	73	Sec. 9017.056. AUTHORITY FOR ROAD PROJECTS IN DEFINED AREA.
74	74	Under Section 52, Article III, Texas Constitution, the district may
75	75	design, acquire, construct, finance, issue bonds for, improve,
76	76	operate, maintain, and convey to this state, a county, or a
77	77	municipality for operation and maintenance macadamized, graveled,
78	78	or paved roads, or improvements, including storm drainage, in aid
79	79	of those roads, including roads located outside the boundaries of
80	80	the defined area, to serve the defined area as determined by the
81	81	board.
82	82	Sec. 9017.057. ROAD STANDARDS AND REQUIREMENTS IN DEFINED
83	83	AREA. (a) A road project in the defined area must meet all
84	84	applicable construction standards, zoning and subdivision
85	85	requirements, and regulations of each municipality in whose
86	86	corporate limits the road project is located.
87	87	(b) If a road project is not located in the corporate limits
88	88	of a municipality, the road project must meet all applicable
89	89	construction standards, subdivision requirements, and regulations
90	90	of each county in which the road project is located.
91	91	(c) If the state will maintain and operate the road, the
92	92	Texas Transportation Commission must approve the plans and
93	93	specifications of the road project.
94	94	Sec. 9017.058. ELECTIONS REGARDING DEFINED AREA TAXES OR
95	95	BONDS. (a) The district must hold an election in the defined area
96	96	in the manner provided by Section 9017.055 to obtain voter approval
97	97	before the district may impose an ad valorem tax only on the
98	98	property of the defined area or issue bonds payable from ad valorem
99	99	taxes only on the property of the defined area.
100	100	(b) The district may not issue bonds payable wholly or
101	101	partly from ad valorem taxes to finance a road project in the
102	102	defined area unless the issuance is approved by a vote of a
103	103	two-thirds majority of the voters of the defined area voting at an
104	104	election held for that purpose.
105	105	Sec. 9017.059. OPERATION AND MAINTENANCE TAX. (a) If
106	106	authorized at an election held under Section 9017.058, the district
107	107	may impose an operation and maintenance tax on taxable property in
108	108	only the defined area in accordance with Section 49.107, Water
109	109	Code.
110	110	(b) The board shall determine the tax rate. The rate may not
111	111	exceed the rate approved at the election.
112	112	Sec. 9017.060. CONTRACT TAXES. (a) In accordance with
113	113	Section 49.108, Water Code, the district may impose a tax other than
114	114	an operation and maintenance tax in the defined area only and use
115	115	the revenue derived from the tax to make payments under a contract
116	116	after the provisions of the contract have been approved by a
117	117	majority of the defined area voters voting at an election held under
118	118	Section 9017.058.
119	119	(b) In addition to the purposes allowed by Chapter 49, Water
120	120	Code, a contract may contain provisions related to the plant,
121	121	works, facilities, roads, or other projects to serve the defined
122	122	area.
123	123	(c) A contract approved by the defined area voters may
124	124	contain a provision stating that the contract may be modified or
125	125	amended by the board without further voter approval.
126	126	Sec. 9017.061. AUTHORITY TO ISSUE BONDS AND OTHER
127	127	OBLIGATIONS. The district may issue bonds or other obligations as
128	128	provided by Chapters 49 and 51, Water Code, to finance the
129	129	construction, maintenance, or operation of the plant, works,
130	130	facilities, roads, or other projects to serve the defined area.
131	131	Sec. 9017.062. TAXES FOR BONDS. At the time the district
132	132	issues bonds under Section 9017.058, the board may provide for the
133	133	imposition of a tax to pay the principal of or interest on the
134	134	bonds.
135	135	Sec. 9017.063. BONDS FOR ROAD PROJECTS. At the time of
136	136	issuance, the total principal amount of bonds or other obligations
137	137	issued or incurred to finance road projects in the defined area may
138	138	not exceed one-fourth of the assessed value of the real property in
139	139	the defined area.
140	140	SECTION 2. The Lakeway Regional Medical Center Defined Area
141	141	initially includes all the territory contained in the following
142	142	area:
143	143	Being a 53.2335 acre tract of land in the J.P. Warnock Survey
144	144	No. 56 and the A. Beck Survey No. 54, Travis County, Texas and being
145	145	all of the Lakeway Regional Medical Center, a subdivision of record
146	146	in Document No. 200800246 of the Official Public Records of Travis
147	147	County, Texas; said 53.2335 acre tract of land is more particularly
148	148	described by metes and bounds as follows:
149	149	BEGINNING at a 1/2" iron rod found for the most easterly
150	150	corner of said Lakeway Regional Medical Center subdivision and
151	151	being a point on the northwesterly line of that 12.695 acre tract of
152	152	land conveyed to Commercial Lakeway Limited Partnership as recorded
153	153	in Volume 13241, Page 439 of the Deed Records of Travis County,
154	154	Texas;
155	155	THENCE, S47°45'43"W, with the common southeasterly line of
156	156	said Lakeway Regional Medical Center subdivision and the
157	157	northwesterly line of said 12.695 acre tract a distance of 1,071.43
158	158	feet to a 1/2" iron rod found for the northerly corner of that 24.94
159	159	acre tract of land awarded to Lake Travis Independent School
160	160	District in Travis County Court at Law No. 1, Cause No. 1358;
161	161	THENCE, S47°38'35"W, continuing with the southeasterly line
162	162	of said Lakeway Regional Medical Center subdivision, same being the
163	163	northwesterly line of said 24.94 acre tract, a distance of 738.02
164	164	feet a 1/2" iron rod found for the most southerly corner of Lakeway
165	165	Regional Medical Center subdivision, same being the southeast
166	166	corner of Lot 4 of Cherry Mountain Phase II, a subdivision of record
167	167	in Book 76, Page 67 of the Plat Records of Travis County, Texas;
168	168	THENCE, N33°50'27"W with the common westerly line of said
169	169	Lakeway Regional Medical Center subdivision and easterly line of
170	170	said Cherry Mountain Phase II subdivision a distance of 135.20 feet
171	171	to a 60d nail in a fence post found for an angle point;
172	172	THENCE, N17°07'00"W continuing with the common westerly line
173	173	of said Lakeway Regional Medical Center subdivision and easterly
174	174	line of said Cherry Mountain Phase II subdivision, at 119.77 feet
175	175	passing a 1/2" iron rod found for the southeast corner of Lot 3-A of
176	176	the Resubdivision of Lots 1, 2, 3, 9 and 10, Cherry Mountain, Phase
177	177	II, a subdivision of record in Book 76, Page 230 of the Plat Records
178	178	of Travis County, Texas, and continuing for a total distance of
179	179	466.24 feet to a 1/2" iron rod found for the northeast corner of
180	180	said Lot 3-A;
181	181	THENCE with the common westerly line of said Lakeway Regional
182	182	Medical Center subdivision and easterly line of said Resubdivision
183	183	of Lots 1, 2, 3, 9 and 10, Cherry Mountain, Phase II, the following
184	184	three (3) courses:
185	185	1) N17°04'36"W, a distance of 214.01 feet to a 1/2" iron rod
186	186	found;
187	187	2) N17°06'42"W, a distance of 137.11 feet to a 1/2" iron rod
188	188	found;
189	189	3) N16°56'17"W, a distance of 497.47 feet to a 60d nail in a
190	190	fence post found on the southerly right-of-way line of Wild Cherry
191	191	Drive (60.0 feet wide right-of-way) for the most westerly corner of
192	192	said Lakeway Regional Medical Center subdivision and most northerly
193	193	corner of Lot 1-A of the Resubdivision of Lots 1, 2, 3, 9 and 10,
194	194	Cherry Mountain, Phase II;
195	195	THENCE, N45°52'28"E with the common northwesterly line of
196	196	said Lakeway Regional Medical Center subdivision and southerly
197	197	right-of-way line of Wild Cherry Drive, a distance of 136.29 feet to
198	198	a 1/2" iron rod found for the southwesterly corner of Cherry
199	199	Mountain I, a subdivision of record in Book 75, Page 369 of the Plat
200	200	Records of Travis County, Texas;
201	201	THENCE, with the common southeasterly line of said Cherry
202	202	Mountain I subdivision and northwesterly line of said Lakeway
203	203	Regional Medical Center subdivision, the following two (2) courses:
204	204	1) N46°18'51"E, a distance of 1062.47 feet to a 1/2" iron rod
205	205	found;
206	206	2) N46°24'16"E, a distance of 202.89 feet to a 1/2" iron rod
207	207	found on the curving southerly right-of-way line of Flint Rock
208	208	Trace (variable width right-of-way) for the most northerly corner
209	209	of the Lakeway Regional Medical Center subdivision;
210	210	THENCE, with the common southerly right-of-way line of Flint
211	211	Rock Trace and northeasterly line of said Lakeway Regional Medica
212	212	Center subdivision, the following five (5) courses:
213	213	1) With a curve to the left, having a central angle of
214	214	5°22'21", a radius of 462.36 feet, a long chord of 43.34 feet (chord
215	215	bears S35°01'42"E) for an arc distance of 43.35 feet to a 1/2" iron
216	216	rod found for the point of curvature of a curve to the left;
217	217	2) With said curve to the left, having a central angle of
218	218	32°33'01", a radius of 196.13 feet, a long chord of 109.93 feet
219	219	(chord bears S51°15'25"E) for an arc distance of 111.42 feet to a
220	220	1/2" iron rod found;
221	221	3) S67°37'40"E, a distance of 65.16 feet to a 1/2" iron rod
222	222	found for the point of curvature of a curve to the right;
223	223	4) With said curve to the right, having a central angle of
224	224	10°16'25", a radius of 1116.28 feet, a long chord of 199.89 feet
225	225	(chord bears S62°29'51"E) for an arc distance of 200.16 feet to a
226	226	1/2"iron rod found;
227	227	5) S57°19'30"E, a distance of 133.61 feet to a 1/2" iron rod
228	228	found on the westerly right-of-way line of Ranch Road 620 (variable
229	229	width right-of-way) for the northeasterly corner of the Lakeway
230	230	Regional Medical Center subdivision;
231	231	THENCE, with the common westerly right-of-way line of Ranch
232	232	Road 620 and easterly line of said Lakeway Regional Medical Center
233	233	subdivision, the following three (3) courses:
234	234	1) S22°46'56"E, a distance of 323.63 feet to a 1/2" iron rod
235	235	found for an angle point;
236	236	2) S32°40'44"E, a distance of 202.99 feet to a 1/2" iron rod
237	237	found for an angle point;
238	238	3) S22°46'34"E, a distance of 169.69 feet to a 1/2" iron rod
239	239	found for the most northerly corner of the aforesaid 12.695 acre
240	240	tract of land conveyed to Commercial Lakeway Limited Partnership;
241	241	THENCE, continuing with the easterly line of said Lakeway
242	242	Regional Medical Center subdivision, same being the northwesterly
243	243	line of said 12.695 acre tract, the following two (2) courses:
244	244	1) S69°54'26"W, a distance of 95.34 feet to a 1/2" iron rod
245	245	found for an angle point;
246	246	2) S34°10'14"E, a distance of 203.76 feet to the POINT OF
247	247	BEGINNING, CONTAINING within these metes and bounds, 53.2335 acres
248	248	of land area.
249	249	SECTION 3. (a) The legal notice of the intention to
250	250	introduce this Act, setting forth the general substance of this
251	251	Act, has been published as provided by law, and the notice and a
252	252	copy of this Act have been furnished to all persons, agencies,
253	253	officials, or entities to which they are required to be furnished
254	254	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
255	255	Government Code.
256	256	(b) The governor, one of the required recipients, has
257	257	submitted the notice and Act to the Texas Commission on
258	258	Environmental Quality.
259	259	(c) The Texas Commission on Environmental Quality has filed
260	260	its recommendations relating to this Act with the governor, the
261	261	lieutenant governor, and the speaker of the house of
262	262	representatives within the required time.
263	263	(d) All requirements of the constitution and laws of this
264	264	state and the rules and procedures of the legislature with respect
265	265	to the notice, introduction, and passage of this Act are fulfilled
266	266	and accomplished.
267	267	SECTION 4. This Act takes effect September 1, 2011.