Texas 2011 - 82nd Regular

Texas House Bill HB3813 Compare Versions

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1	1	By: Isaac (Senate Sponsor - Wentworth) H.B. No. 3813
2	2	(In the Senate - Received from the House May 13, 2011;
3	3	May 13, 2011, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 19, 2011, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 19, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the Hudson Ranch Fresh Water Supply District No. 1.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8360 to read as follows:
14	14	CHAPTER 8360. HUDSON RANCH WATER DISTRICT
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8360.001. NAME CHANGE. The name of Hudson Ranch Fresh
17	17	Water Supply District No. 1 is changed to Hudson Ranch Water
18	18	District.
19	19	Sec. 8360.002. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "Director" means a board member.
22	22	(3) "District" means the Hudson Ranch Water District.
23	23	Sec. 8360.003. NATURE OF DISTRICT. The district is a fresh
24	24	water supply district and municipal utility district created under
25	25	and essential to accomplish the purposes of Section 59, Article
26	26	XVI, Texas Constitution.
27	27	Sec. 8360.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
28	28	(a) All land and other property in the district will benefit from
29	29	the improvements and services to be provided by the district.
30	30	(b) The district serves a public use and benefit.
31	31	Sec. 8360.005. DISTRICT TERRITORY. (a) The district is
32	32	composed of the territory described by Section 2 of the Act enacting
33	33	this chapter.
34	34	(b) The boundaries and field notes contained in Section 2 of
35	35	the Act enacting this chapter form closures. A mistake made in the
36	36	field notes or in copying the field notes in the legislative process
37	37	does not affect the district's:
38	38	(1) organization, existence, or validity;
39	39	(2) right to issue any type of bond for the purposes
40	40	for which the district is created or to pay the principal of and
41	41	interest on a bond;
42	42	(3) right to impose a tax; or
43	43	(4) legality or operation.
44	44	[Sections 8360.006-8360.100 reserved for expansion]
45	45	SUBCHAPTER B. POWERS AND DUTIES
46	46	Sec. 8360.101. MUNICIPAL UTILITY DISTRICT AND FRESH WATER
47	47	SUPPLY DISTRICT POWERS AND DUTIES. (a) Except as provided by
48	48	Subsection (b), the district has the powers and duties provided by
49	49	the general law of this state, including Chapters 49, 53, and 54,
50	50	Water Code, applicable to fresh water supply districts and
51	51	municipal utility districts created under Section 59, Article XVI,
52	52	Texas Constitution.
53	53	(b) If a provision of Chapter 49 or 53, Water Code, is in
54	54	conflict or inconsistent with this chapter or Chapter 54, Water
55	55	Code, this chapter and Chapter 54, Water Code, prevail.
56	56	SECTION 2. The Hudson Ranch Water District includes all the
57	57	territory contained in the following area:
58	58	THREE SEPARATE PARCELS OF LAND IN HAYS COUNTY, TEXAS CONTAINING A
59	59	TOTAL OF 606.755 ACRES, MORE OR LESS:
60	60	FIELD NOTE DESCRIPTION FOR TRACT 1 - 573.231 ACRES OF LAND:
61	61	BEING A TRACT OR PARCEL OF LAND SITUATED IN HAYS COUNTY, TEXAS, AND
62	62	BEING OUT OF AND A PART OF THE THOMAS F. GRAY SURVEY NO. 11, THE JOHN
63	63	BECKHAM SURVEY NO. 800, AND THE ANDREW DUNN SURVEY NO. 9, AND BEING
64	64	ALL OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A DEED OF
65	65	DISTRIBUTION BY TRUSTEE OF TESTAMENTARY TRUST TO DUSTIN HUDSON FROM
66	66	DELTON HUDSON, TRUSTEE, DATED SEPTEMBER 2, 2004, AND RECORDED IN
67	67	VOLUME 2536, PAGE 139, OF THE OFFICIAL PUBLIC RECORDS OF HAYS
68	68	COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
69	69	BOUNDS AS FOLLOWS:
70	70	COMMENCING for a point of reference at an iron rod found in the
71	71	south right-of-way line of State Highway F. M. 967, and in a curve
72	72	to the left, for the Northwest corner of that certain tract of land
73	73	as described in a Warranty Deed to James C. Ruby, Jr., Trustee of
74	74	the James C. Ruby, Jr. Family Trust from James C. Ruby, Sr., Trustee
75	75	of the James C. Ruby, Sr. Revocable Trust, dated July 30, 1992, and
76	76	recorded in Volume 945, Page 677, of the Official Public Records of
77	77	Hays County, Texas, and for the Northeast corner of that certain
78	78	tract said to contain 11.30 acres of land as described in a Deed
79	79	Without Warranty with Vendor's Lien to Delton Hudson from Scott
80	80	Nance, dated October 21, 1998, and recorded in Volume 1468, Page
81	81	733, of the Official Public Records of Hays County, Texas;
82	82	THENCE with the west line of the said Ruby tract and the east line of
83	83	the said Hudson 11.30 acre tract, South 00°55'20" East, a distance
84	84	of 140.13 feet to an iron rod found, for the Northeast corner and
85	85	POINT OF BEGINNING of the herein described tract;
86	86	THENCE continuing with the west line of the said Ruby tract and the
87	87	east line of the said Hudson acre tract, South 00°50'35" East, a
88	88	distance of 101.29 feet to an iron found, for the Northeast corner
89	89	of that certain tract of land as described in a Warranty Deed to
90	90	Cindi Hudson from James Pogue, dated May 31, 1994, and recorded in
91	91	Volume 1082, Page 753, of the Real Property Records of Hays County,
92	92	Texas, for an angle corner of the said Hudson tract, and for an
93	93	angle corner of this tract;
94	94	THENCE with the north line of the said Cindi Hudson tract, common to
95	95	the said Hudson tract, South 80°03'52" West, a distance of 658.61
96	96	feet to an iron rod found, for the Northwest corner of the said
97	97	Cindi Hudson tract, for an angle corner of the said Hudson tract,
98	98	and for an angle corner of this tract;
99	99	THENCE with the south line of the said Cindi Hudson tract, common to
100	100	the said Hudson tract, North 89°00'08" East, a distance of 650.83
101	101	feet to an iron rod found in the west line of the said Ruby tract,
102	102	for the Southeast corner of the said Cindi Hudson tract, for an
103	103	angle corner of the Hudson tract, and for an angle corner of this
104	104	tract;
105	105	THENCE with the east line of the said Hudson tract, the following
106	106	eleven (11) courses:
107	107	1. South 01°00'03" East, a distance of 317.37 feet to an iron rod
108	108	found, for an angle corner of this tract;
109	109	2. South 05°12'19" West, a distance of 408.56 feet to an iron rod
110	110	set, for an angle corner of this tract;
111	111	3. South 01°36'25" East, a distance of 604.01 feet to an iron rod
112	112	found, for an angle corner of this tract;
113	113	4. South 00°24'06" East, a distance of 60.95 feet to an iron rod
114	114	set, for an angle corner of this tract;
115	115	5. South 01°32'05" East, a distance of 37.75 feet to an iron rod
116	116	set, for an angle corner of this tract;
117	117	6. South 00°10'30" East, a distance of 84.30 feet to an iron rod
118	118	set, for an angle corner of this tract;
119	119	7. South 01°44'34" East, at a distance of 2,783.22 feet pass the
120	120	Southwest corner of the remainder of the said Ruby tract, the same
121	121	being the Northwest corner of Ruby Ranch, Phase Four, a subdivision
122	122	recorded in Volume 8, Page 237, of the Plat Records of Hays County,
123	123	Texas, in all a total distance of 3,216.47 feet to an iron rod
124	124	found, for an angle corner of this tract;
125	125	8. South 03°10'19" East, a distance of 968.28 feet to an iron rod
126	126	found, for an angle corner of this tract;
127	127	9. North 89°35'58" East, a distance of 504.82 feet to an iron rod
128	128	found, for an angle corner of this tract;
129	129	10. South 01°05'33" East, a distance of 953.38 feet to an iron rod
130	130	found, for an angle corner of this tract;
131	131	11. South 01°23'50" East, a distance of 330.29 feet to an iron rod
132	132	found, for an angle corner of said Ruby Ranch, Phase Four, for an
133	133	angle corner of Ruby Ranch, Phase Five, a subdivision recorded in
134	134	Volume 8, Page 243, of the Plat Records of Hays County, Texas, for
135	135	the Southeast corner of the said Hudson tract, and for the Southeast
136	136	corner of this tract;
137	137	THENCE with the north line of said Ruby Ranch, Phase Five and the
138	138	south line of the said Hudson tract, the following ten (10) courses:
139	139	1. South 64°52'23" West, a distance of 550.25 feet to an iron rod
140	140	found, for an angle corner of this tract;
141	141	2. South 77°51'11" West, a distance of 513.00 feet to an iron rod
142	142	found, for an angle corner of this tract;
143	143	3. South 82°55'12" West, a distance of 174.93 feet to an iron rod
144	144	found, for an angle corner of this tract;
145	145	4. South 78°35'19" West, a distance of 196.55 feet to an iron rod
146	146	found, for an angle corner of this tract;
147	147	5. South 55°58'50" West, a distance of 313.22 feet to an iron rod
148	148	found, for an angle corner of this tract;
149	149	6. South 85°02'04" West, a distance of 35.39 feet to an iron rod
150	150	found, for an angle corner of this tract;
151	151	7. South 89°52'48" West, a distance of 481.44 feet to an iron rod
152	152	found, for an angle corner of this tract;
153	153	8. South 88°33'49" West, a distance of 16.35 feet to an iron rod
154	154	found, for an angle corner of this tract;
155	155	9. North 89°53'00" West, a distance of 87.21 feet to an iron rod
156	156	found, for an angle corner of this tract;
157	157	10. South 89°59'17" West, a distance of 420.72 feet to an iron rod
158	158	found in the west line of that certain tract of land as described in
159	159	a deed to P. R. Rutherford, recorded in Volume 211, Page 313, of the
160	160	Deed Records of Hays County, Texas, for the Northwest corner of said
161	161	Ruby Ranch, Phase Five, for the Southwest corner of the said Hudson
162	162	tract, and for the Southwest corner of this tract;
163	163	THENCE with the east line of the said Rutherford tract and a west
164	164	line of the said Hudson tract, the following five (5) courses:
165	165	1. North 01°12'13" West, a distance of 333.89 feet to an iron rod
166	166	set, for an angle corner of this tract;
167	167	2. North 00°55'39" West, a distance of 576.65 feet to an iron rod
168	168	set, for an angle corner of this tract;
169	169	3. North 00°50'24" West, a distance of 384.50 feet to an iron rod
170	170	set, for an angle corner of this tract;
171	171	4. North 01°09'38" West, a distance of 573.80 feet to an iron rod
172	172	set, for an angle corner of this tract;
173	173	5. North 00°50'20" West, a distance of 123.37 feet to an iron rod
174	174	found, for an angle corner of the said Hudson tract, and for an
175	175	angle corner of this tract;
176	176	THENCE with the north line of the said Rutherford tract and a south
177	177	line of the said Hudson tract, the following two (2) courses:
178	178	1. South 61°02'59" West, a distance of 628.69 feet to an iron rod
179	179	found, for an angle corner of this tract;
180	180	2. South 49°09'13" West, a distance of 569.46 feet to an iron rod
181	181	found, for the Southeast corner of that certain tract of land as
182	182	described in a deed to the City of Austin, recorded in Volume 2506,
183	183	Page 671, of the Official Public Records of Hays County, Texas, for
184	184	an angle corner of the said Hudson tract, and for an angle corner of
185	185	this tract;
186	186	THENCE with the west line of the said Hudson tract, the following
187	187	six (6) courses:
188	188	1. North 00°27'37" West, a distance of 2,946.82 feet to an iron rod
189	189	found, for an angle corner of this tract;
190	190	2. North 00°24'21" West, a distance of 2,352.61 feet to an iron rod
191	191	found, for an angle corner of this tract;
192	192	3. North 00°34'43" West, a distance of 532.11 feet to an iron rod
193	193	found, for an angle corner of this tract;
194	194	4. North 01°31'08" East, a distance of 27.58 feet to an iron rod
195	195	found, for an angle corner of this tract;
196	196	5. North 00°36'08" West, a distance of 745.49 feet to an iron rod
197	197	found, for the Northeast corner of the said City of Austin tract,
198	198	and for an angle corner of this tract;
199	199	6. North 00°09'42" West, a distance of 569.34 feet to an iron rod
200	200	found, for the Southwest corner of that certain tract of land as
201	201	described in a deed to Michael Waite and wife, Gaylene Waite,
202	202	recorded in Volume 1211, Page 729, of the Real Property Records of
203	203	Hays County, Texas, for the Northwest corner of the said Hudson
204	204	tract, and for the Northwest corner of this tract;
205	205	THENCE with the south line of the said Waite tract, common to the
206	206	said Hudson tract, South 87°23'55" East, a distance of 1,360.72 feet
207	207	to an iron rod found, for the Southeast corner of the said Waite
208	208	tract, for an angle corner of the said Hudson tract, and for an
209	209	angle corner of this tract;
210	210	THENCE with the east line of the said Waite tract, common to the
211	211	said Hudson tract, North 02°29'03" West, a distance of 470.77 feet
212	212	to an iron rod set, for the Northeast corner of the said Waite
213	213	tract, for the West corner of the said Hudson 11.30 acre tract, for
214	214	an angle corner of the said Hudson tract, and for an angle corner of
215	215	this tract;
216	216	THENCE with the south line of the said Hudson 11.30 acre tract and
217	217	the north line of the said Hudson tract, North 80°03'52" East, a
218	218	distance of 1,728.63 feet to the POINT OF BEGINNING, containing
219	219	573.231 acres of land, more or less.
220	220	FIELD NOTE DESCRIPTION FOR TRACT 2 - 11.297 ACRES OF LAND:
221	221	BEING A TRACT OR PARCEL OF LAND SITUATED IN HAYS COUNTY, TEXAS, AND
222	222	BEING OUT OF AND A PART OF THE THOMAS F. GRAY SURVEY NO. 11, AND
223	223	BEING ALL OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A DEED
224	224	WITHOUT WARRANTY WITH VENDOR'S LIEN TO DELTON HUDSON FROM SCOTT
225	225	NANCE, ET AL, DATED OCTOBER 21, 1998, AND RECORDED IN VOLUME 1468,
226	226	PAGE 733, OF THE REAL PROPERTY RECORDS OF HAYS COUNTY, TEXAS, AND
227	227	BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
228	228	COMMENCING at an iron rod found in the south right-of-way line of
229	229	State Highway F. M. 967, and in a curve to the left, for the
230	230	Northwest corner of that certain tract of land as described in a
231	231	Warranty Deed to James C. Ruby, Jr., Trustee of the James C. Ruby,
232	232	Jr. Family Trust from James C. Ruby, Sr., Trustee of the James C.
233	233	Ruby, Sr., Revocable Trust, dated July 30, 1992, and recorded in
234	234	Volume 945, Page 677, of the Official Public Records of Hays County,
235	235	Texas, for the Northeast corner of the said Hudson tract, and for
236	236	the Northeast corner and POINT OF BEGINNING of the herein described
237	237	tract;
238	238	THENCE with the west line of the said Ruby tract and the east line of
239	239	the said Hudson tract, South 00°55'20" East, a distance of 140.13
240	240	feet to an iron rod found, for the Northeast corner of that certain
241	241	tract of land said to contain 573.40 acres of land as described in a
242	242	Deed of Distribution by Trustee of Testamentary Trust to Dustin
243	243	Hudson from Delton Hudson, Trustee, dated September 2, 2004, and
244	244	recorded in Volume 2536, Page 139, of the Official Public Records of
245	245	Hays County, Texas, for the Southeast corner of the said Hudson
246	246	tract, and for the Southeast corner of this tract;
247	247	THENCE with the north line of the said Hudson 573.40 acre tract and
248	248	the said Hudson tract, South 80°03'52" West, a distance of 1,728.63
249	249	feet to an iron rod found, for the Northeast corner of that certain
250	250	tract of land as described in a deed to Michael Waite and wife,
251	251	Gaylene Waite, recorded in Volume 1211, Page 729, of the Real
252	252	Property Records of Hays County, Texas, for an angle corner of that
253	253	certain tract of land as described in a deed to Michael Waite and
254	254	wife, Gaylene Waite, recorded in Volume 1468, Page 759, of the
255	255	Official Public Records of Hays County, Texas, for the West corner
256	256	of the said Hudson tract, and for the West corner of this tract;
257	257	THENCE with the south line of the said Waite tract, North 56°42'25"
258	258	East, a distance of 1,356.90 feet to an iron rod found in the south
259	259	right-of-way line of said F. M. 967, for the Southeast corner of the
260	260	said Waite tract, for the North corner of the said Hudson tract, and
261	261	for the North corner of this tract;
262	262	THENCE with the south right-of- way line of said F.M. 967, the
263	263	following two (2) courses:
264	264	South 54°12'36" East, a distance of 116.15 feet to a concrete
265	265	right-of-way monument found at the beginning of a curve to the left;
266	266	Along said curve to the left an arc length of 531.10 feet, having a
267	267	radius of 1,678.05 feet, a delta angle of 18°08'02", a chord bearing
268	268	of South 63°11'28" East, and a chord distance of 528.88 feet to the
269	269	POINT OF BEGINNING, containing 11.297 acres of land, more or less.
270	270	FIELD NOTE DESCRIPTION FOR TRACT 3 - 22.229 ACRES OF LAND:
271	271	BEING A TRACT OR PARCEL OF LAND SITUATED IN HAYS COUNTY, TEXAS, AND
272	272	BEING OUT OF AND A PART OF THE THOMAS F. GRAY SURVEY NO, 11, AND
273	273	BEING ALL OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A WARRANTY
274	274	DEED TO C1NDI G. HUDSON FROM JAMES POG'UE, DATED MAY 31, 1994, AND
275	275	RECORDED IN VOLUME 1082, PAGE 753, OF THE REAL PROPERTY RECORDS OF
276	276	HAYS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES
277	277	AND BOUNDS AS FOLLOWS:
278	278	COMMENCING for a point of reference at an iron rod found in the
279	279	south right-of-way line of State Highway F. M. 967, and in a curve
280	280	to the left, for the Northwest corner of that certain tract of land
281	281	as described in a Warranty Deed to James C. Ruby, Jr., Trustee of
282	282	the James C. Ruby, Jr. Family Trust from James C. Ruby, Sr., Trustee
283	283	of the James C. Ruby, Sr. Revocable Trust, dated July 30, 1992, and
284	284	recorded in Volume 945, Page 677, of the Official Public Records of
285	285	Hays County, Texas, and for the Northeast corner of that certain
286	286	tract of land as described in a Deed Without Warranty with Vendor's
287	287	Lien to Delton Hudson from Scott Nance, dated October 21, 1998, and
288	288	recorded in Volume 1468, Page 733, of the Official Public Records of
289	289	Hays County, Texas;
290	290	THENCE with the west line of the said Ruby tract and the east line of
291	291	the said Hudson tract, South 00°55'20" East, a distance of 140.13
292	292	feet to an iron rod found, for the Northeast corner of that certain
293	293	tract of land said to contain 573.40 acres of land as described in a
294	294	Dead of Distribution by Trustee of Testamentary Trust to Dustin
295	295	Hodson from Delton Hudson, Trustee, dated September 2, 2004, and
296	296	recorded in Volume 2536, Page 139, of the Official Public Records of
297	297	Hays County, Texas, and for the Southeast corner of the said Hudson
298	298	tract;
299	299	THENCE continuing with the west line of the said Ruby tract and the
300	300	east line of the said Hudson 573.40 acre tract, South 00°50'35"
301	301	East, a distance of 101.29 feet to an iron found, for an angle
302	302	corner of the said Hudson 573.40 acre tract, for the Northeast
303	303	corner of the said Cindi Hudson tract, and for the Northeast corner
304	304	and POINT OF BEGINNING of the herein described tract;
305	305	THENCE with the west line of the said Ruby tract and the east line of
306	306	the said Cindi Hudson tract, the following three (3) courses:
307	307	1. South 00°54'40" East, a distance of 66.49 feet to an iron rod
308	308	found, for an angle corner of this tract;
309	309	2. South 00°44'47" East, a distance of 258.03 feet to an iron rod
310	310	found, for an angle corner of this tract;
311	311	3. South 00°57'03" East, a distance of 1,215.76 feet to an iron rod
312	312	found, for an angle corner of the said Hudson 573.40 acre tract, for
313	313	the Southeast corner of the said Cindi Hudson tract, and for the
314	314	Southeast corner of this tract;
315	315	THENCE with the south line of the said Cindi Hudson tract, common to
316	316	the said Hudson 573.40 acre tract, South 89°00'08" West, a distance
317	317	of 650.83 feet to an iron rod found, for the Southwest corner of the
318	318	said Cindi Hudson tract, for an angle corner of the said Hudson
319	319	573.40 acre tract, and for the Southwest corner of this tract;
320	320	THENCE with the west line of the said Cindi Hudson tract, common to
321	321	the said Hudson 573.40 acre tract, North 00°54'02" West, a distance
322	322	of 1,437.95 feet to an iron rod found, for the Northwest corner of
323	323	the said Cindi Hudson tract, for an angle corner of the said Hudson
324	324	573.40 acre tract, and for the Northwest corner of this tract;
325	325	THENCE with the north line of the said Cindi Hudson tract, common to
326	326	the said Hudson 573.40 acre tract, North 80°03'52" East, a distance
327	327	of 658.61 feet to the POINT OF BEGINNING, containing 22.229 acres of
328	328	land, more or less.
329	329	SECTION 3. (a) The creation of the Hudson Ranch Fresh Water
330	330	Supply District No. 1 by the Hays County Commissioners Court on May
331	331	1, 2007, and all elections conducted by the district are validated.
332	332	No further election is necessary to confirm the district.
333	333	(b) This section does not apply to any matter that on the
334	334	effective date of this Act:
335	335	(1) is involved in litigation if the litigation
336	336	ultimately results in the matter being held invalid by a final court
337	337	judgment; or
338	338	(2) has been held invalid by a final court judgment.
339	339	SECTION 4. (a) The legal notice of the intention to
340	340	introduce this Act, setting forth the general substance of this
341	341	Act, has been published as provided by law, and the notice and a
342	342	copy of this Act have been furnished to all persons, agencies,
343	343	officials, or entities to which they are required to be furnished
344	344	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
345	345	Government Code.
346	346	(b) The governor, one of the required recipients, has
347	347	submitted the notice and Act to the Texas Commission on
348	348	Environmental Quality.
349	349	(c) The Texas Commission on Environmental Quality has filed
350	350	its recommendations relating to this Act with the governor, the
351	351	lieutenant governor, and the speaker of the house of
352	352	representatives within the required time.
353	353	(d) All requirements of the constitution and laws of this
354	354	state and the rules and procedures of the legislature with respect
355	355	to the notice, introduction, and passage of this Act are fulfilled
356	356	and accomplished.
357	357	SECTION 5. This Act takes effect immediately if it receives
358	358	a vote of two-thirds of all the members elected to each house, as
359	359	provided by Section 39, Article III, Texas Constitution. If this
360	360	Act does not receive the vote necessary for immediate effect, this
361	361	Act takes effect September 1, 2011.
362	362	* * * * *