Texas 2013 - 83rd Regular

Texas Senate Bill SB1009 Compare Versions

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1	1	By: Fraser S.B. No. 1009
2	2	(Farney)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of Burnet County Improvement District No.
8	8	1; providing authority to levy an assessment, impose a tax, and
9	9	issue bonds.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3913 to read as follows:
13	13	CHAPTER 3913. BURNET COUNTY IMPROVEMENT DISTRICT NO. 1
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3913.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "County" means Burnet County.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means the Burnet County Improvement
20	20	District No. 1.
21	21	Sec. 3913.002. NATURE OF DISTRICT. The Burnet County
22	22	Improvement District No. 1 is a special district created under
23	23	Section 59, Article XVI, Texas Constitution.
24	24	Sec. 3913.003. PURPOSE; DECLARATION OF INTENT. (a) The
25	25	creation of the district is essential to accomplish the purposes of
26	26	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
27	27	Texas Constitution, and other public purposes stated in this
28	28	chapter. By creating the district and in authorizing the county and
29	29	other political subdivisions to contract with the district, the
30	30	legislature has established a program to accomplish the public
31	31	purposes set out in Section 52-a, 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 the 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 to supplant county services provided in the
42	42	district.
43	43	Sec. 3913.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
44	44	(a) 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 or expanding transportation and
56	56	commerce.
57	57	(d) The district will:
58	58	(1) promote the health, safety, and general welfare of
59	59	residents, employers, potential employees, employees, visitors,
60	60	and consumers in the district, and of the public;
61	61	(2) provide needed funding for the district to
62	62	preserve, maintain, and enhance the economic health and vitality of
63	63	the district territory as a community and business center;
64	64	(3) promote the health, safety, welfare, and enjoyment
65	65	of the public by providing pedestrian ways and by landscaping and
66	66	developing certain areas in the district, which are necessary for
67	67	the restoration, preservation, and enhancement of scenic beauty;
68	68	and
69	69	(4) provide for water, wastewater, drainage, road, and
70	70	recreational facilities for the district.
71	71	(e) Pedestrian ways along or across a street, whether at
72	72	grade or above or below the surface, and street lighting, street
73	73	landscaping, parking, and street art objects are parts of and
74	74	necessary components of a street and are considered to be a street
75	75	or road improvement.
76	76	(f) The district will not act as the agent or
77	77	instrumentality of any private interest even though the district
78	78	will benefit many private interests as well as the public.
79	79	Sec. 3913.005. INITIAL DISTRICT TERRITORY. (a) The
80	80	district is initially composed of the territory described by
81	81	Section 2 of the Act enacting this chapter.
82	82	(b) The boundaries and field notes contained in Section 2 of
83	83	the Act enacting this chapter form a closure. A mistake in the
84	84	field notes or in copying the field notes in the legislative process
85	85	does not affect the district's:
86	86	(1) organization, existence, or validity;
87	87	(2) right to issue any type of bond for the purposes
88	88	for which the district is created or to pay the principal of and
89	89	interest on the bond;
90	90	(3) right to impose or collect an assessment or tax; or
91	91	(4) legality or operation.
92	92	Sec. 3913.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
93	93	All or any part of the area of the district is eligible to be
94	94	included in:
95	95	(1) a tax increment reinvestment zone created under
96	96	Chapter 311, Tax Code;
97	97	(2) a tax abatement reinvestment zone created under
98	98	Chapter 312, Tax Code;
99	99	(3) an enterprise zone created under Chapter 2303,
100	100	Government Code; or
101	101	(4) an industrial district created under Chapter 42,
102	102	Local Government Code.
103	103	Sec. 3913.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
104	104	DISTRICTS LAW. Except as otherwise provided by this chapter,
105	105	Chapter 375, Local Government Code, applies to the district.
106	106	Sec. 3913.008. CONSTRUCTION OF CHAPTER. This chapter shall
107	107	be liberally construed in conformity with the findings and purposes
108	108	stated in this chapter.
109	109	SUBCHAPTER B. BOARD OF DIRECTORS
110	110	Sec. 3913.051. GOVERNING BODY; TERMS. The district is
111	111	governed by a board of five voting directors who serve staggered
112	112	terms of four years, with two or three directors' terms expiring
113	113	June 1 of each odd-numbered year.
114	114	Sec. 3913.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
115	115	Commission on Environmental Quality shall appoint voting directors
116	116	from persons recommended by the board.
117	117	Sec. 3913.053. NONVOTING DIRECTORS. The board may appoint
118	118	nonvoting directors to serve at the pleasure of the voting
119	119	directors.
120	120	Sec. 3913.054. QUORUM. For purposes of determining the
121	121	requirements for a quorum of the board, the following are not
122	122	counted:
123	123	(1) a board position vacant for any reason, including
124	124	death, resignation, or disqualification;
125	125	(2) a director who is abstaining from participation in
126	126	a vote because of a conflict of interest; or
127	127	(3) a nonvoting director.
128	128	Sec. 3913.055. COMPENSATION. A director is entitled to
129	129	receive fees of office and reimbursement for actual expenses as
130	130	provided by Section 49.060, Water Code. Sections 375.069 and
131	131	375.070, Local Government Code, do not apply to the board.
132	132	Sec. 3913.056. INITIAL VOTING DIRECTORS. (a) The initial
133	133	board consists of the following voting directors:
134	134	Pos. No. Name of Director Pos. No. Name of Director
135	135	Pos. No. Name of Director
136	136	1 Casey Hoffman 1 Casey Hoffman
137	137	1 Casey Hoffman
138	138	2 Sarah Foster 2 Sarah Foster
139	139	2 Sarah Foster
140	140	3 Patricia Vojack 3 Patricia Vojack
141	141	3 Patricia Vojack
142	142	4 Sara Woomer 4 Sara Woomer
143	143	4 Sara Woomer
144	144	5 Kevin Zarling 5 Kevin Zarling
145	145	5 Kevin Zarling
146	146	(b) Of the initial directors, the terms of directors
147	147	appointed for positions one through three expire June 1, 2015, and
148	148	the terms of directors appointed for positions four and five expire
149	149	June 1, 2017.
150	150	(c) Section 3913.052 does not apply to this section.
151	151	(d) This section expires September 1, 2017.
152	152	SUBCHAPTER C. POWERS AND DUTIES
153	153	Sec. 3913.101. GENERAL POWERS AND DUTIES. The district has
154	154	the powers and duties necessary to accomplish the purposes for
155	155	which the district is created.
156	156	Sec. 3913.102. IMPROVEMENT PROJECTS AND SERVICES. The
157	157	district may provide, design, construct, acquire, improve,
158	158	relocate, operate, maintain, or finance an improvement project or
159	159	service using any money available to the district, or contract with
160	160	a governmental or private entity to provide, design, construct,
161	161	acquire, improve, relocate, operate, maintain, or finance an
162	162	improvement project or service authorized under this chapter or
163	163	Chapter 375, Local Government Code.
164	164	Sec. 3913.103. DEVELOPMENT CORPORATION POWERS. The
165	165	district, using money available to the district, may exercise the
166	166	powers given to a development corporation under Chapter 505, Local
167	167	Government Code, including the power to own, operate, acquire,
168	168	construct, lease, improve, or maintain a project under that
169	169	chapter.
170	170	Sec. 3913.104. NONPROFIT CORPORATION. (a) The board by
171	171	resolution may authorize the creation of a nonprofit corporation to
172	172	assist and act for the district in implementing a project or
173	173	providing a service authorized by this chapter.
174	174	(b) The nonprofit corporation:
175	175	(1) has each power of and is considered to be a local
176	176	government corporation created under Subchapter D, Chapter 431,
177	177	Transportation Code; and
178	178	(2) may implement any project and provide any service
179	179	authorized by this chapter.
180	180	(c) The board shall appoint the board of directors of the
181	181	nonprofit corporation. The board of directors of the nonprofit
182	182	corporation shall serve in the same manner as the board of directors
183	183	of a local government corporation created under Subchapter D,
184	184	Chapter 431, Transportation Code, except that a board member is not
185	185	required to reside in the district.
186	186	Sec. 3913.105. AGREEMENTS; GRANTS. (a) As provided by
187	187	Chapter 375, Local Government Code, the district may make an
188	188	agreement with or accept a gift, grant, or loan from any person.
189	189	(b) The implementation of a project is a governmental
190	190	function or service for the purposes of Chapter 791, Government
191	191	Code.
192	192	Sec. 3913.106. LAW ENFORCEMENT SERVICES. To protect the
193	193	public interest, the district may contract with a qualified party,
194	194	including the county, to provide law enforcement services in the
195	195	district for a fee.
196	196	Sec. 3913.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
197	197	district may join and pay dues to a charitable or nonprofit
198	198	organization that performs a service or provides an activity
199	199	consistent with the furtherance of a district purpose.
200	200	Sec. 3913.108. ECONOMIC DEVELOPMENT. (a) The district may
201	201	engage in activities that accomplish the economic development
202	202	purposes of the district.
203	203	(b) The district may establish and provide for the
204	204	administration of one or more programs to promote state or local
205	205	economic development and to stimulate business and commercial
206	206	activity in the district, including programs to:
207	207	(1) make loans and grants of public money; and
208	208	(2) provide district personnel and services.
209	209	(c) The district may create economic development programs
210	210	and exercise the economic development powers provided to
211	211	municipalities by:
212	212	(1) Chapter 380, Local Government Code; and
213	213	(2) Subchapter A, Chapter 1509, Government Code.
214	214	Sec. 3913.109. PARKING FACILITIES. (a) The district may
215	215	acquire, lease as lessor or lessee, construct, develop, own,
216	216	operate, and maintain parking facilities or a system of parking
217	217	facilities, including lots, garages, parking terminals, or other
218	218	structures or accommodations for parking motor vehicles off the
219	219	streets and related appurtenances.
220	220	(b) The district's parking facilities serve the public
221	221	purposes of the district and are owned, used, and held for a public
222	222	purpose even if leased or operated by a private entity for a term of
223	223	years.
224	224	(c) The district's parking facilities are parts of and
225	225	necessary components of a street and are considered to be a street
226	226	or road improvement.
227	227	(d) The development and operation of the district's parking
228	228	facilities may be considered an economic development program.
229	229	Sec. 3913.110. ANNEXATION OF LAND. The district may annex
230	230	land as provided by Subchapter J, Chapter 49, Water Code.
231	231	Sec. 3913.111. NO EMINENT DOMAIN POWER. The district may
232	232	not exercise the power of eminent domain.
233	233	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
234	234	Sec. 3913.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
235	235	board by resolution shall establish the number of directors'
236	236	signatures and the procedure required for a disbursement or
237	237	transfer of district money.
238	238	Sec. 3913.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
239	239	The district may acquire, construct, finance, operate, or maintain
240	240	any improvement or service authorized under this chapter or Chapter
241	241	375, Local Government Code, using any money available to the
242	242	district.
243	243	Sec. 3913.153. PETITION REQUIRED FOR FINANCING SERVICES AND
244	244	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
245	245	service or improvement project with assessments under this chapter
246	246	unless a written petition requesting that service or improvement
247	247	has been filed with the board.
248	248	(b) A petition filed under Subsection (a) must be signed by
249	249	the owners of a majority of the assessed value of real property in
250	250	the district subject to assessment according to the most recent
251	251	certified tax appraisal roll for the county.
252	252	Sec. 3913.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
253	253	(a) The board by resolution may impose and collect an assessment
254	254	for any purpose authorized by this chapter in all or any part of the
255	255	district.
256	256	(b) An assessment, a reassessment, or an assessment
257	257	resulting from an addition to or correction of the assessment roll
258	258	by the district, penalties and interest on an assessment or
259	259	reassessment, an expense of collection, and reasonable attorney's
260	260	fees incurred by the district:
261	261	(1) are a first and prior lien against the property
262	262	assessed;
263	263	(2) are superior to any other lien or claim other than
264	264	a lien or claim for county, school district, or municipal ad valorem
265	265	taxes; and
266	266	(3) are the personal liability of and a charge against
267	267	the owners of the property even if the owners are not named in the
268	268	assessment proceedings.
269	269	(c) The lien is effective from the date of the board's
270	270	resolution imposing the assessment until the date the assessment is
271	271	paid. The board may enforce the lien in the same manner that the
272	272	board may enforce an ad valorem tax lien against real property.
273	273	(d) The board may make a correction to or deletion from the
274	274	assessment roll that does not increase the amount of assessment of
275	275	any parcel of land without providing notice and holding a hearing in
276	276	the manner required for additional assessments.
277	277	Sec. 3913.155. RESIDENTIAL PROPERTY NOT EXEMPT. Section
278	278	375.161, Local Government Code, does not apply to a tax authorized
279	279	or approved by the district voters or a required payment for service
280	280	provided by the district, including water and sewer services.
281	281	Sec. 3913.156. TAX AND ASSESSMENT ABATEMENTS. The district
282	282	may designate reinvestment zones and may grant abatements of a tax
283	283	or assessment on property in the zones.
284	284	SUBCHAPTER E. TAXES AND BONDS
285	285	Sec. 3913.201. ELECTIONS REGARDING TAXES AND BONDS.
286	286	(a) The district may issue, without an election, bonds, notes, and
287	287	other obligations secured by:
288	288	(1) revenue other than ad valorem taxes; or
289	289	(2) contract payments described by Section 3913.203.
290	290	(b) The district must hold an election in the manner
291	291	provided by Subchapter L, Chapter 375, Local Government Code, to
292	292	obtain voter approval before the district may impose an ad valorem
293	293	tax or issue bonds payable from ad valorem taxes.
294	294	(c) Section 375.243, Local Government Code, does not apply
295	295	to the district.
296	296	(d) All or any part of any facilities or improvements that
297	297	may be acquired by a district by the issuance of its bonds may be
298	298	submitted as a single proposition or as several propositions to be
299	299	voted on at the election.
300	300	Sec. 3913.202. OPERATION AND MAINTENANCE TAX. (a) If
301	301	authorized by a majority of the district voters voting at an
302	302	election held in accordance with Section 3913.201, the district may
303	303	impose an operation and maintenance tax on taxable property in the
304	304	district in accordance with Section 49.107, Water Code, for any
305	305	district purpose, including to:
306	306	(1) maintain and operate the district;
307	307	(2) construct or acquire improvements; or
308	308	(3) provide a service.
309	309	(b) The board shall determine the tax rate. The rate may not
310	310	exceed the rate approved at the election.
311	311	Sec. 3913.203. CONTRACT TAXES. (a) In accordance with
312	312	Section 49.108, Water Code, the district may impose a tax other than
313	313	an operation and maintenance tax and use the revenue derived from
314	314	the tax to make payments under a contract after the provisions of
315	315	the contract have been approved by a majority of the district voters
316	316	voting at an election held for that purpose.
317	317	(b) A contract approved by the district voters may contain a
318	318	provision stating that the contract may be modified or amended by
319	319	the board without further voter approval.
320	320	Sec. 3913.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
321	321	AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
322	322	determined by the board. Section 375.205, Local Government Code,
323	323	does not apply to a loan, line of credit, or other borrowing from a
324	324	bank or financial institution secured by revenue other than ad
325	325	valorem taxes.
326	326	(b) The district may issue bonds, notes, or other
327	327	obligations payable wholly or partly from ad valorem taxes,
328	328	assessments, impact fees, revenue, contract payments, grants, or
329	329	other district money, or any combination of those sources of money,
330	330	to pay for any authorized district purpose.
331	331	Sec. 3913.205. TAXES FOR BONDS. At the time the district
332	332	issues bonds payable wholly or partly from ad valorem taxes, the
333	333	board shall provide for the annual imposition of a continuing
334	334	direct annual ad valorem tax, without limit as to rate or amount,
335	335	for each year that all or part of the bonds are outstanding as
336	336	required and in the manner provided by Sections 54.601 and 54.602,
337	337	Water Code.
338	338	SUBCHAPTER F. DEFINED AREAS
339	339	Sec. 3913.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
340	340	DESIGNATED PROPERTY. The district may define areas or designate
341	341	certain property of the district to pay for improvements,
342	342	facilities, or services that primarily benefit that area or
343	343	property and do not generally and directly benefit the district as a
344	344	whole.
345	345	Sec. 3913.252. PROCEDURE FOR ELECTION. (a) Before the
346	346	district may impose an ad valorem tax or issue bonds payable from ad
347	347	valorem taxes of the area defined or property designated under
348	348	Section 3913.251, the board shall call and hold an election in the
349	349	defined area or within the boundaries of the designated property
350	350	only.
351	351	(b) The board may submit the proposition to the voters on
352	352	the same ballot to be used in another election.
353	353	Sec. 3913.253. DECLARING RESULT AND ISSUING ORDER. (a) If
354	354	a majority of the voters voting at the election approve the
355	355	proposition or propositions, the board shall declare the results
356	356	and, by order, shall establish the defined area and describe it by
357	357	metes and bounds or designate the specific property.
358	358	(b) The board's order is not subject to judicial review
359	359	except on the grounds of fraud, palpable error, or arbitrary and
360	360	confiscatory abuse of discretion.
361	361	Sec. 3913.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
362	362	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
363	363	approval and adoption of the order described by Section 3913.253,
364	364	the district may apply separately, differently, equitably, and
365	365	specifically its taxing power and lien authority to the defined
366	366	area or designated property to provide money to construct,
367	367	administer, maintain, and operate services, improvements, and
368	368	facilities that primarily benefit the defined area or designated
369	369	property.
370	370	Sec. 3913.255. ISSUANCE OF BONDS FOR DEFINED AREAS OR
371	371	DESIGNATED PROPERTY. After the order under Section 3913.253 is
372	372	adopted, the district may issue bonds to provide for any land,
373	373	improvements, facilities, plants, equipment, and appliances for
374	374	the defined area or designated property.
375	375	SECTION 2. The Burnet County Improvement District No. 1
376	376	initially includes all territory contained in the following area:
377	377	A DESCRIPTION OF 412.315 ACRES, BEING OUT OF THE MARIA C.
378	378	SALINAS SURVEY NO. 17, ABSTRACT NO. 776, THE W.W. BURTON SURVEY NO.
379	379	15, ABSTRACT NO. 1809, THE MARK GRIGSBY SURVEY NO. 530, ABSTRACT NO.
380	380	332 AND THE G.T. R.R. CO. SURVEY NO. 344, ABSTRACT NO. 2755 IN
381	381	BURNET COUNTY, TEXAS, COMPRISED OF THE FOLLOWING TRACTS OF LAND:
382	382	ALL OF A 334.08 ACRE TRACT CONVEYED TO RALPH B. THOMAS AND
383	383	BETTE P. THOMAS IN A GENERAL WARRANTY DEED DATED FEBRUARY 5, 2007
384	384	AND RECORDED IN DOCUMENT NO. 0701526 OF THE OFFICIAL PUBLIC RECORDS
385	385	OF BURNET COUNTY, TEXAS.
386	386	A PORTION OF TRACTS II (CALLED 44.998 ACRES), IIIA (CALLED
387	387	26.923 ACRES) AND ALL OF TRACT IIIB (CALLED 9.801 ACRES) CONVEYED TO
388	388	RALPH BOWMAN THOMAS IN A GENERAL WARRANTY DEED DATED FEBRUARY 21,
389	389	1994 AND RECORDED IN VOLUME 592, PAGE 99 OF THE REAL PROPERTY
390	390	RECORDS OF BURNET COUNTY, TEXAS, DULY RECORDED IN VOLUME 12112,
391	391	PAGE 1719 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, AND
392	392	BY QUITCLAIM DEED DATED JANUARY 19, 1999 AND RECORDED IN VOLUME
393	393	13366, PAGE 1241 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,
394	394	TEXAS.
395	395	ALL OF A 10.15 ACRE TRACT CONVEYED TO RALPH BOWMAN THOMAS IN A
396	396	GENERAL WARRANTY DEED DATED MARCH 10, 1994 AND RECORDED IN VOLUME
397	397	596, PAGE 477 OF THE REAL PROPERTY RECORDS OF BURNET COUNTY, TEXAS.
398	398	A PORTION OF A 10.0 ACRE TRACT CONVEYED TO RALPH BOWMAN THOMAS
399	399	IN A GENERAL WARRANTY DEED DATED MARCH 30, 1994 AND RECORDED IN
400	400	VOLUME 599, PAGE 115 OF THE REAL PROPERTY RECORDS OF BURNET COUNTY,
401	401	TEXAS.
402	402	ALL OF A 10.07 ACRE TRACT CONVEYED TO RALPH BOWMAN THOMAS IN A
403	403	GENERAL WARRANTY DEED DATED APRIL 26, 1994 AND RECORDED IN VOLUME
404	404	602, PAGE 463 OF THE REAL PROPERTY RECORDS OF BURNET COUNTY, TEXAS.
405	405	A PORTION OF AN 85.237 ACRE TRACT CONVEYED TO RALPH BOWMAN
406	406	THOMAS IN A QUITCLAIM DEED DATED JANUARY 19, 1999 AND RECORDED IN
407	407	VOLUME 13366, PAGE 1217 OF THE REAL PROPERTY RECORDS OF TRAVIS
408	408	COUNTY, TEXAS.
409	409	ALL OF A 10.00 ACRE TRACT CONVEYED TO RALPH BOWMAN THOMAS IN A
410	410	WARRANTY DEED DATED JUNE 1, 1999 AND RECORDED IN DOCUMENT NO.
411	411	1999056870 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS.
412	412	SAID 412.315 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES
413	413	AND BOUNDS AS FOLLOWS:
414	414	BEGINNING at a Mag nail found in concrete in the south
415	415	right-of-way line of County Road 404 (right-of-way width varies),
416	416	being the northwest corner of said 334.08 acre tract, being the
417	417	northeast corner of a 316.681 acre tract described in Volume 1377,
418	418	Page 647 of the Real Property Records of Burnet County, Texas;
419	419	THENCE with the south right-of-way line of County Road 404
420	420	and the north line of said 334.08 acre tract, the following five (5)
421	421	courses and distances:
422	422	1. South 67°38'54" East, a distance of 816.85 feet to an 8"
423	423	cedar fence post found;
424	424	2. South 84°53'42" East, a distance of 527.84 feet to an 8"
425	425	cedar fence post found;
426	426	3. North 78°47'35" East, a distance of 754.99 feet to a 1/2"
427	427	rebar with "Chaparral" cap set;
428	428	4. South 74°47'17" East, a distance of 67.66 feet to an 8"
429	429	cedar fence post found;
430	430	5. South 51°23'59" East, a distance of 750.72 feet to an 8"
431	431	cedar fence post found for the northeast corner of said 334.08 acre
432	432	tract, being the northwest corner of a 13 acre tract described in
433	433	Volume 530, Page 500 of the Real Property Records of Travis County,
434	434	Texas;
435	435	THENCE South 01°54'37" East, with the east line of said 334.08
436	436	acre tract and the west line of the said 13 acre tract, a distance of
437	437	951.09 feet to a 1/2" rebar found for the southwest corner of said
438	438	13 acre tract, being the northwest corner of said 9.801 acre tract;
439	439	THENCE South 84°53'45" East, with the north line of said 9.801
440	440	acre tract and the south line of said 13 acre tract, a distance of
441	441	1159.53 feet to a spindle with "Chaparral" washer set for an angle
442	442	point in the west line of said 44.998 acre tract;
443	443	THENCE North 02°45'53" West, crossing said 13 acre tract, with
444	444	the west line of said 44.998 acre tract, a distance of 225.13 feet
445	445	to a 1/2" rebar with cap found in the south right-of-way line of
446	446	Paleface Ranch Road (right-of-way width varies), being the
447	447	northwest corner of said 44.998 acre tract;
448	448	THENCE with the south right-of-way line of Paleface Ranch
449	449	Road and the north line of said 44.998 acre tract, the following
450	450	eight (8) courses and distances:
451	451	1. South 85°07'39" East, a distance of 185.55 feet to a 1/2"
452	452	rebar with "Chaparral" cap set;
453	453	2. South 70°29'30" East, a distance of 75.84 feet to a 1/2"
454	454	rebar found;
455	455	3. South 63°32'09" East, a distance of 141.62 feet to a 1/2"
456	456	rebar found;
457	457	4. South 61°56'20" East, a distance of 65.77 feet to a 1/2"
458	458	rebar found;
459	459	5. South 53°33'04" East, a distance of 26.35 feet to a 1/2"
460	460	rebar found;
461	461	6. South 45°49'56" East, a distance of 128.13 feet to a 1/2"
462	462	rebar found;
463	463	7. South 28°54'03" East, a distance of 104.91 feet to a 1/2"
464	464	rebar with "Chaparral" cap set;
465	465	8. South 18°11'27" East, a distance of 150.82 feet to a
466	466	calculated point in the southeast line of Burnet County, being the
467	467	northwest line of Travis County, from which a calculated angle
468	468	point in said County line at grid coordinates N 10141050.73, E
469	469	3000806.96, bears North 28°40'00" East, a distance of 6413.89 feet,
470	470	and also from which a 1-1/4" iron pipe found in the southwest
471	471	right-of-way line of Paleface Ranch Road, being the northeast
472	472	corner of said 44.998 acre tract, being the northernmost corner of
473	473	said 85.237 acre tract, bears South 18°11'27" East, a distance of
474	474	6.22 feet, then South 05°12'24" East, a distance of 10.82 feet;
475	475	THENCE South 28°40'00" West, crossing said 44.998 acre tract,
476	476	said 10.0 acre tract described in Volume 599, Page 115, said 26.923
477	477	acre tract, and said 85.237 acre tract, with said county line, a
478	478	distance of 3561.58 feet to a calculated point in the south line of
479	479	said 334.08 acre tract, being in the north line of a 709.419 acre
480	480	tract described in Document No. 2006005737 of the Official Public
481	481	Records of Travis County, Texas, from which a calculated point at
482	482	the location of a 6" by 6" by 44" tall concrete monument, grid
483	483	coordinates N 10125649.79, E 2992386.79, marking the intersection
484	484	of Travis, Burnet and Blanco counties and referenced in Document
485	485	No. 2006005737 of the Official Public Records of Travis County,
486	486	Texas, bears South 28°40'00" West, a distance of 7578.73 feet, and
487	487	also from which a 1/2" rebar with "RPLS 4532" cap found for the
488	488	southeast corner of said 334.08 acre tract, being the northeast
489	489	corner of said 709.419 acre tract, also being an angle point in the
490	490	west line of said 26.923 acre tract, bears North 88°39'23" East, a
491	491	distance of 4.08 feet;
492	492	THENCE South 88°39'23" West, with the south line of said
493	493	334.08 acre tract and the north line of said 709.419 acre tract, a
494	494	distance of 2317.20 feet to a 1/2" rebar found for the northwest
495	495	corner of said 709.419 acre tract, being the northeast corner of a
496	496	680.247 acre tract described in Document No. 0709805 of the
497	497	Official Public Records of Burnet County, Texas;
498	498	THENCE South 88°53'11" West, with the south line of said
499	499	334.08 acre tract and the north line of said 680.247 acre tract, a
500	500	distance of 977.10 feet to a 1/2" rebar found for the southwest
501	501	corner of said 334.08 acre tract, being an angle point in the north
502	502	line of said 680.247 acre tract, being also the southeast corner of
503	503	said 316.681 acre tract;
504	504	THENCE with the west line of said 334.08 acre tract and the
505	505	east line of said 316.681 acre tract, the following two (2) courses
506	506	and distances:
507	507	1. North 05°26'58" East, a distance of 2358.74 feet to a 60d
508	508	nail found;
509	509	2. North 05°32'10" East, a distance of 2864.67 feet to the
510	510	POINT OF BEGINNING, containing 412.315 acres of land, more or less.
511	511	SECTION 3. (a) The legal notice of the intention to
512	512	introduce this Act, setting forth the general substance of this
513	513	Act, has been published as provided by law, and the notice and a
514	514	copy of this Act have been furnished to all persons, agencies,
515	515	officials, or entities to which they are required to be furnished
516	516	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
517	517	Government Code.
518	518	(b) The governor, one of the required recipients, has
519	519	submitted the notice and Act to the Texas Commission on
520	520	Environmental Quality.
521	521	(c) The Texas Commission on Environmental Quality has filed
522	522	its recommendations relating to this Act with the governor,
523	523	lieutenant governor, and speaker of the house of representatives
524	524	within the required time.
525	525	(d) The general law relating to consent by political
526	526	subdivisions to the creation of districts with conservation,
527	527	reclamation, and road powers and the inclusion of land in those
528	528	districts has been complied with.
529	529	(e) All requirements of the constitution and laws of this
530	530	state and the rules and procedures of the legislature with respect
531	531	to the notice, introduction, and passage of this Act have been
532	532	fulfilled and accomplished.
533	533	SECTION 4. This Act takes effect immediately if it receives
534	534	a vote of two-thirds of all the members elected to each house, as
535	535	provided by Section 39, Article III, Texas Constitution. If this
536	536	Act does not receive the vote necessary for immediate effect, this
537	537	Act takes effect September 1, 2013.
538	538
539	539	Pos. No. Name of Director
540	540
541	541	1 Casey Hoffman
542	542
543	543	2 Sarah Foster
544	544
545	545	3 Patricia Vojack
546	546
547	547	4 Sara Woomer
548	548
549	549	5 Kevin Zarling