By: Isaac (Senate Sponsor - Wentworth) H.B. No. 3813
(In the Senate - Received from the House May 13, 2011;
May 13, 2011, read first time and referred to Committee on
Intergovernmental Relations; May 19, 2011, reported favorably by
the following vote: Yeas 5, Nays 0; May 19, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the Hudson Ranch Fresh Water Supply District No. 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8360 to read as follows:
CHAPTER 8360. HUDSON RANCH WATER DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8360.001. NAME CHANGE. The name of Hudson Ranch Fresh
Water Supply District No. 1 is changed to Hudson Ranch Water
District.
Sec. 8360.002. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Hudson Ranch Water District.
Sec. 8360.003. NATURE OF DISTRICT. The district is a fresh
water supply district and municipal utility district created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.
Sec. 8360.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) All land and other property in the district will benefit from
the improvements and services to be provided by the district.
(b) The district serves a public use and benefit.
Sec. 8360.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act enacting
this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form closures. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8360.006-8360.100 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 8360.101. MUNICIPAL UTILITY DISTRICT AND FRESH WATER
SUPPLY DISTRICT POWERS AND DUTIES. (a) Except as provided by
Subsection (b), the district has the powers and duties provided by
the general law of this state, including Chapters 49, 53, and 54,
Water Code, applicable to fresh water supply districts and
municipal utility districts created under Section 59, Article XVI,
Texas Constitution.
(b) If a provision of Chapter 49 or 53, Water Code, is in
conflict or inconsistent with this chapter or Chapter 54, Water
Code, this chapter and Chapter 54, Water Code, prevail.
SECTION 2. The Hudson Ranch Water District includes all the
territory contained in the following area:
THREE SEPARATE PARCELS OF LAND IN HAYS COUNTY, TEXAS CONTAINING A
TOTAL OF 606.755 ACRES, MORE OR LESS:
FIELD NOTE DESCRIPTION FOR TRACT 1 - 573.231 ACRES OF LAND:
BEING A TRACT OR PARCEL OF LAND SITUATED IN HAYS COUNTY, TEXAS, AND
BEING OUT OF AND A PART OF THE THOMAS F. GRAY SURVEY NO. 11, THE JOHN
BECKHAM SURVEY NO. 800, AND THE ANDREW DUNN SURVEY NO. 9, AND BEING
ALL OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A DEED OF
DISTRIBUTION BY TRUSTEE OF TESTAMENTARY TRUST TO DUSTIN HUDSON FROM
DELTON HUDSON, TRUSTEE, DATED SEPTEMBER 2, 2004, AND RECORDED IN
VOLUME 2536, PAGE 139, OF THE OFFICIAL PUBLIC RECORDS OF HAYS
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING for a point of reference at an iron rod found in the
south right-of-way line of State Highway F. M. 967, and in a curve
to the left, for the Northwest corner of that certain tract of land
as described in a Warranty Deed to James C. Ruby, Jr., Trustee of
the James C. Ruby, Jr. Family Trust from James C. Ruby, Sr., Trustee
of the James C. Ruby, Sr. Revocable Trust, dated July 30, 1992, and
recorded in Volume 945, Page 677, of the Official Public Records of
Hays County, Texas, and for the Northeast corner of that certain
tract said to contain 11.30 acres of land as described in a Deed
Without Warranty with Vendor's Lien to Delton Hudson from Scott
Nance, dated October 21, 1998, and recorded in Volume 1468, Page
733, of the Official Public Records of Hays County, Texas;
THENCE with the west line of the said Ruby tract and the east line of
the said Hudson 11.30 acre tract, South 00°55'20" East, a distance
of 140.13 feet to an iron rod found, for the Northeast corner and
POINT OF BEGINNING of the herein described tract;
THENCE continuing with the west line of the said Ruby tract and the
east line of the said Hudson acre tract, South 00°50'35" East, a
distance of 101.29 feet to an iron found, for the Northeast corner
of that certain tract of land as described in a Warranty Deed to
Cindi Hudson from James Pogue, dated May 31, 1994, and recorded in
Volume 1082, Page 753, of the Real Property Records of Hays County,
Texas, for an angle corner of the said Hudson tract, and for an
angle corner of this tract;
THENCE with the north line of the said Cindi Hudson tract, common to
the said Hudson tract, South 80°03'52" West, a distance of 658.61
feet to an iron rod found, for the Northwest corner of the said
Cindi Hudson tract, for an angle corner of the said Hudson tract,
and for an angle corner of this tract;
THENCE with the south line of the said Cindi Hudson tract, common to
the said Hudson tract, North 89°00'08" East, a distance of 650.83
feet to an iron rod found in the west line of the said Ruby tract,
for the Southeast corner of the said Cindi Hudson tract, for an
angle corner of the Hudson tract, and for an angle corner of this
tract;
THENCE with the east line of the said Hudson tract, the following
eleven (11) courses:
1. South 01°00'03" East, a distance of 317.37 feet to an iron rod
found, for an angle corner of this tract;
2. South 05°12'19" West, a distance of 408.56 feet to an iron rod
set, for an angle corner of this tract;
3. South 01°36'25" East, a distance of 604.01 feet to an iron rod
found, for an angle corner of this tract;
4. South 00°24'06" East, a distance of 60.95 feet to an iron rod
set, for an angle corner of this tract;
5. South 01°32'05" East, a distance of 37.75 feet to an iron rod
set, for an angle corner of this tract;
6. South 00°10'30" East, a distance of 84.30 feet to an iron rod
set, for an angle corner of this tract;
7. South 01°44'34" East, at a distance of 2,783.22 feet pass the
Southwest corner of the remainder of the said Ruby tract, the same
being the Northwest corner of Ruby Ranch, Phase Four, a subdivision
recorded in Volume 8, Page 237, of the Plat Records of Hays County,
Texas, in all a total distance of 3,216.47 feet to an iron rod
found, for an angle corner of this tract;
8. South 03°10'19" East, a distance of 968.28 feet to an iron rod
found, for an angle corner of this tract;
9. North 89°35'58" East, a distance of 504.82 feet to an iron rod
found, for an angle corner of this tract;
10. South 01°05'33" East, a distance of 953.38 feet to an iron rod
found, for an angle corner of this tract;
11. South 01°23'50" East, a distance of 330.29 feet to an iron rod
found, for an angle corner of said Ruby Ranch, Phase Four, for an
angle corner of Ruby Ranch, Phase Five, a subdivision recorded in
Volume 8, Page 243, of the Plat Records of Hays County, Texas, for
the Southeast corner of the said Hudson tract, and for the Southeast
corner of this tract;
THENCE with the north line of said Ruby Ranch, Phase Five and the
south line of the said Hudson tract, the following ten (10) courses:
1. South 64°52'23" West, a distance of 550.25 feet to an iron rod
found, for an angle corner of this tract;
2. South 77°51'11" West, a distance of 513.00 feet to an iron rod
found, for an angle corner of this tract;
3. South 82°55'12" West, a distance of 174.93 feet to an iron rod
found, for an angle corner of this tract;
4. South 78°35'19" West, a distance of 196.55 feet to an iron rod
found, for an angle corner of this tract;
5. South 55°58'50" West, a distance of 313.22 feet to an iron rod
found, for an angle corner of this tract;
6. South 85°02'04" West, a distance of 35.39 feet to an iron rod
found, for an angle corner of this tract;
7. South 89°52'48" West, a distance of 481.44 feet to an iron rod
found, for an angle corner of this tract;
8. South 88°33'49" West, a distance of 16.35 feet to an iron rod
found, for an angle corner of this tract;
9. North 89°53'00" West, a distance of 87.21 feet to an iron rod
found, for an angle corner of this tract;
10. South 89°59'17" West, a distance of 420.72 feet to an iron rod
found in the west line of that certain tract of land as described in
a deed to P. R. Rutherford, recorded in Volume 211, Page 313, of the
Deed Records of Hays County, Texas, for the Northwest corner of said
Ruby Ranch, Phase Five, for the Southwest corner of the said Hudson
tract, and for the Southwest corner of this tract;
THENCE with the east line of the said Rutherford tract and a west
line of the said Hudson tract, the following five (5) courses:
1. North 01°12'13" West, a distance of 333.89 feet to an iron rod
set, for an angle corner of this tract;
2. North 00°55'39" West, a distance of 576.65 feet to an iron rod
set, for an angle corner of this tract;
3. North 00°50'24" West, a distance of 384.50 feet to an iron rod
set, for an angle corner of this tract;
4. North 01°09'38" West, a distance of 573.80 feet to an iron rod
set, for an angle corner of this tract;
5. North 00°50'20" West, a distance of 123.37 feet to an iron rod
found, for an angle corner of the said Hudson tract, and for an
angle corner of this tract;
THENCE with the north line of the said Rutherford tract and a south
line of the said Hudson tract, the following two (2) courses:
1. South 61°02'59" West, a distance of 628.69 feet to an iron rod
found, for an angle corner of this tract;
2. South 49°09'13" West, a distance of 569.46 feet to an iron rod
found, for the Southeast corner of that certain tract of land as
described in a deed to the City of Austin, recorded in Volume 2506,
Page 671, of the Official Public Records of Hays County, Texas, for
an angle corner of the said Hudson tract, and for an angle corner of
this tract;
THENCE with the west line of the said Hudson tract, the following
six (6) courses:
1. North 00°27'37" West, a distance of 2,946.82 feet to an iron rod
found, for an angle corner of this tract;
2. North 00°24'21" West, a distance of 2,352.61 feet to an iron rod
found, for an angle corner of this tract;
3. North 00°34'43" West, a distance of 532.11 feet to an iron rod
found, for an angle corner of this tract;
4. North 01°31'08" East, a distance of 27.58 feet to an iron rod
found, for an angle corner of this tract;
5. North 00°36'08" West, a distance of 745.49 feet to an iron rod
found, for the Northeast corner of the said City of Austin tract,
and for an angle corner of this tract;
6. North 00°09'42" West, a distance of 569.34 feet to an iron rod
found, for the Southwest corner of that certain tract of land as
described in a deed to Michael Waite and wife, Gaylene Waite,
recorded in Volume 1211, Page 729, of the Real Property Records of
Hays County, Texas, for the Northwest corner of the said Hudson
tract, and for the Northwest corner of this tract;
THENCE with the south line of the said Waite tract, common to the
said Hudson tract, South 87°23'55" East, a distance of 1,360.72 feet
to an iron rod found, for the Southeast corner of the said Waite
tract, for an angle corner of the said Hudson tract, and for an
angle corner of this tract;
THENCE with the east line of the said Waite tract, common to the
said Hudson tract, North 02°29'03" West, a distance of 470.77 feet
to an iron rod set, for the Northeast corner of the said Waite
tract, for the West corner of the said Hudson 11.30 acre tract, for
an angle corner of the said Hudson tract, and for an angle corner of
this tract;
THENCE with the south line of the said Hudson 11.30 acre tract and
the north line of the said Hudson tract, North 80°03'52" East, a
distance of 1,728.63 feet to the POINT OF BEGINNING, containing
573.231 acres of land, more or less.
FIELD NOTE DESCRIPTION FOR TRACT 2 - 11.297 ACRES OF LAND:
BEING A TRACT OR PARCEL OF LAND SITUATED IN HAYS COUNTY, TEXAS, AND
BEING OUT OF AND A PART OF THE THOMAS F. GRAY SURVEY NO. 11, AND
BEING ALL OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A DEED
WITHOUT WARRANTY WITH VENDOR'S LIEN TO DELTON HUDSON FROM SCOTT
NANCE, ET AL, DATED OCTOBER 21, 1998, AND RECORDED IN VOLUME 1468,
PAGE 733, OF THE REAL PROPERTY RECORDS OF HAYS COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at an iron rod found in the south right-of-way line of
State Highway F. M. 967, and in a curve to the left, for the
Northwest corner of that certain tract of land as described in a
Warranty Deed to James C. Ruby, Jr., Trustee of the James C. Ruby,
Jr. Family Trust from James C. Ruby, Sr., Trustee of the James C.
Ruby, Sr., Revocable Trust, dated July 30, 1992, and recorded in
Volume 945, Page 677, of the Official Public Records of Hays County,
Texas, for the Northeast corner of the said Hudson tract, and for
the Northeast corner and POINT OF BEGINNING of the herein described
tract;
THENCE with the west line of the said Ruby tract and the east line of
the said Hudson tract, South 00°55'20" East, a distance of 140.13
feet to an iron rod found, for the Northeast corner of that certain
tract of land said to contain 573.40 acres of land as described in a
Deed of Distribution by Trustee of Testamentary Trust to Dustin
Hudson from Delton Hudson, Trustee, dated September 2, 2004, and
recorded in Volume 2536, Page 139, of the Official Public Records of
Hays County, Texas, for the Southeast corner of the said Hudson
tract, and for the Southeast corner of this tract;
THENCE with the north line of the said Hudson 573.40 acre tract and
the said Hudson tract, South 80°03'52" West, a distance of 1,728.63
feet to an iron rod found, for the Northeast corner of that certain
tract of land as described in a deed to Michael Waite and wife,
Gaylene Waite, recorded in Volume 1211, Page 729, of the Real
Property Records of Hays County, Texas, for an angle corner of that
certain tract of land as described in a deed to Michael Waite and
wife, Gaylene Waite, recorded in Volume 1468, Page 759, of the
Official Public Records of Hays County, Texas, for the West corner
of the said Hudson tract, and for the West corner of this tract;
THENCE with the south line of the said Waite tract, North 56°42'25"
East, a distance of 1,356.90 feet to an iron rod found in the south
right-of-way line of said F. M. 967, for the Southeast corner of the
said Waite tract, for the North corner of the said Hudson tract, and
for the North corner of this tract;
THENCE with the south right-of- way line of said F.M. 967, the
following two (2) courses:
South 54°12'36" East, a distance of 116.15 feet to a concrete
right-of-way monument found at the beginning of a curve to the left;
Along said curve to the left an arc length of 531.10 feet, having a
radius of 1,678.05 feet, a delta angle of 18°08'02", a chord bearing
of South 63°11'28" East, and a chord distance of 528.88 feet to the
POINT OF BEGINNING, containing 11.297 acres of land, more or less.
FIELD NOTE DESCRIPTION FOR TRACT 3 - 22.229 ACRES OF LAND:
BEING A TRACT OR PARCEL OF LAND SITUATED IN HAYS COUNTY, TEXAS, AND
BEING OUT OF AND A PART OF THE THOMAS F. GRAY SURVEY NO, 11, AND
BEING ALL OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A WARRANTY
DEED TO C1NDI G. HUDSON FROM JAMES POG'UE, DATED MAY 31, 1994, AND
RECORDED IN VOLUME 1082, PAGE 753, OF THE REAL PROPERTY RECORDS OF
HAYS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
COMMENCING for a point of reference at an iron rod found in the
south right-of-way line of State Highway F. M. 967, and in a curve
to the left, for the Northwest corner of that certain tract of land
as described in a Warranty Deed to James C. Ruby, Jr., Trustee of
the James C. Ruby, Jr. Family Trust from James C. Ruby, Sr., Trustee
of the James C. Ruby, Sr. Revocable Trust, dated July 30, 1992, and
recorded in Volume 945, Page 677, of the Official Public Records of
Hays County, Texas, and for the Northeast corner of that certain
tract of land as described in a Deed Without Warranty with Vendor's
Lien to Delton Hudson from Scott Nance, dated October 21, 1998, and
recorded in Volume 1468, Page 733, of the Official Public Records of
Hays County, Texas;
THENCE with the west line of the said Ruby tract and the east line of
the said Hudson tract, South 00°55'20" East, a distance of 140.13
feet to an iron rod found, for the Northeast corner of that certain
tract of land said to contain 573.40 acres of land as described in a
Dead of Distribution by Trustee of Testamentary Trust to Dustin
Hodson from Delton Hudson, Trustee, dated September 2, 2004, and
recorded in Volume 2536, Page 139, of the Official Public Records of
Hays County, Texas, and for the Southeast corner of the said Hudson
tract;
THENCE continuing with the west line of the said Ruby tract and the
east line of the said Hudson 573.40 acre tract, South 00°50'35"
East, a distance of 101.29 feet to an iron found, for an angle
corner of the said Hudson 573.40 acre tract, for the Northeast
corner of the said Cindi Hudson tract, and for the Northeast corner
and POINT OF BEGINNING of the herein described tract;
THENCE with the west line of the said Ruby tract and the east line of
the said Cindi Hudson tract, the following three (3) courses:
1. South 00°54'40" East, a distance of 66.49 feet to an iron rod
found, for an angle corner of this tract;
2. South 00°44'47" East, a distance of 258.03 feet to an iron rod
found, for an angle corner of this tract;
3. South 00°57'03" East, a distance of 1,215.76 feet to an iron rod
found, for an angle corner of the said Hudson 573.40 acre tract, for
the Southeast corner of the said Cindi Hudson tract, and for the
Southeast corner of this tract;
THENCE with the south line of the said Cindi Hudson tract, common to
the said Hudson 573.40 acre tract, South 89°00'08" West, a distance
of 650.83 feet to an iron rod found, for the Southwest corner of the
said Cindi Hudson tract, for an angle corner of the said Hudson
573.40 acre tract, and for the Southwest corner of this tract;
THENCE with the west line of the said Cindi Hudson tract, common to
the said Hudson 573.40 acre tract, North 00°54'02" West, a distance
of 1,437.95 feet to an iron rod found, for the Northwest corner of
the said Cindi Hudson tract, for an angle corner of the said Hudson
573.40 acre tract, and for the Northwest corner of this tract;
THENCE with the north line of the said Cindi Hudson tract, common to
the said Hudson 573.40 acre tract, North 80°03'52" East, a distance
of 658.61 feet to the POINT OF BEGINNING, containing 22.229 acres of
land, more or less.
SECTION 3. (a) The creation of the Hudson Ranch Fresh Water
Supply District No. 1 by the Hays County Commissioners Court on May
1, 2007, and all elections conducted by the district are validated.
No further election is necessary to confirm the district.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 4. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
* * * * *