By: Fraser S.B. No. 1009
(Farney)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Burnet County Improvement District No.
1; providing authority to levy an assessment, impose a tax, and
issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3913 to read as follows:
CHAPTER 3913. BURNET COUNTY IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3913.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "County" means Burnet County.
(3) "Director" means a board member.
(4) "District" means the Burnet County Improvement
District No. 1.
Sec. 3913.002. NATURE OF DISTRICT. The Burnet County
Improvement District No. 1 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3913.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the county and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the county from providing the level of
services provided as of the effective date of the Act enacting this
chapter to the area in the district. The district is created to
supplement and not to supplant county services provided in the
district.
Sec. 3913.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3913.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially 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 a closure. A mistake 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 the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3913.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
Sec. 3913.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3913.008. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3913.051. GOVERNING BODY; TERMS. The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring
June 1 of each odd-numbered year.
Sec. 3913.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
Commission on Environmental Quality shall appoint voting directors
from persons recommended by the board.
Sec. 3913.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3913.054. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. 3913.055. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
Sec. 3913.056. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 Casey Hoffman 1 Casey Hoffman
1 Casey Hoffman
2 Sarah Foster 2 Sarah Foster
2 Sarah Foster
3 Patricia Vojack 3 Patricia Vojack
3 Patricia Vojack
4 Sara Woomer 4 Sara Woomer
4 Sara Woomer
5 Kevin Zarling 5 Kevin Zarling
5 Kevin Zarling
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2015, and
the terms of directors appointed for positions four and five expire
June 1, 2017.
(c) Section 3913.052 does not apply to this section.
(d) This section expires September 1, 2017.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3913.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3913.102. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using any money available to the district, or contract with
a governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter or
Chapter 375, Local Government Code.
Sec. 3913.103. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 3913.104. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3913.105. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3913.106. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county, to provide law enforcement services in the
district for a fee.
Sec. 3913.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3913.108. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3913.109. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3913.110. ANNEXATION OF LAND. The district may annex
land as provided by Subchapter J, Chapter 49, Water Code.
Sec. 3913.111. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3913.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 3913.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3913.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 3913.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
(a) The board by resolution may impose and collect an assessment
for any purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3913.155. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to a tax authorized
or approved by the district voters or a required payment for service
provided by the district, including water and sewer services.
Sec. 3913.156. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of a tax
or assessment on property in the zones.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3913.201. ELECTIONS REGARDING TAXES AND BONDS.
(a) The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3913.203.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3913.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 3913.201, the district may
impose an operation and maintenance tax on taxable property in the
district in accordance with Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 3913.203. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 3913.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
determined by the board. Section 375.205, Local Government Code,
does not apply to a loan, line of credit, or other borrowing from a
bank or financial institution secured by revenue other than ad
valorem taxes.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
Sec. 3913.205. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct annual ad valorem tax, without limit as to rate or amount,
for each year that all or part of the bonds are outstanding as
required and in the manner provided by Sections 54.601 and 54.602,
Water Code.
SUBCHAPTER F. DEFINED AREAS
Sec. 3913.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district to pay for improvements,
facilities, or services that primarily benefit that area or
property and do not generally and directly benefit the district as a
whole.
Sec. 3913.252. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes of the area defined or property designated under
Section 3913.251, the board shall call and hold an election in the
defined area or within the boundaries of the designated property
only.
(b) The board may submit the proposition to the voters on
the same ballot to be used in another election.
Sec. 3913.253. DECLARING RESULT AND ISSUING ORDER. (a) If
a majority of the voters voting at the election approve the
proposition or propositions, the board shall declare the results
and, by order, shall establish the defined area and describe it by
metes and bounds or designate the specific property.
(b) The board's order is not subject to judicial review
except on the grounds of fraud, palpable error, or arbitrary and
confiscatory abuse of discretion.
Sec. 3913.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
approval and adoption of the order described by Section 3913.253,
the district may apply separately, differently, equitably, and
specifically its taxing power and lien authority to the defined
area or designated property to provide money to construct,
administer, maintain, and operate services, improvements, and
facilities that primarily benefit the defined area or designated
property.
Sec. 3913.255. ISSUANCE OF BONDS FOR DEFINED AREAS OR
DESIGNATED PROPERTY. After the order under Section 3913.253 is
adopted, the district may issue bonds to provide for any land,
improvements, facilities, plants, equipment, and appliances for
the defined area or designated property.
SECTION 2. The Burnet County Improvement District No. 1
initially includes all territory contained in the following area:
A DESCRIPTION OF 412.315 ACRES, BEING OUT OF THE MARIA C.
SALINAS SURVEY NO. 17, ABSTRACT NO. 776, THE W.W. BURTON SURVEY NO.
15, ABSTRACT NO. 1809, THE MARK GRIGSBY SURVEY NO. 530, ABSTRACT NO.
332 AND THE G.T. R.R. CO. SURVEY NO. 344, ABSTRACT NO. 2755 IN
BURNET COUNTY, TEXAS, COMPRISED OF THE FOLLOWING TRACTS OF LAND:
ALL OF A 334.08 ACRE TRACT CONVEYED TO RALPH B. THOMAS AND
BETTE P. THOMAS IN A GENERAL WARRANTY DEED DATED FEBRUARY 5, 2007
AND RECORDED IN DOCUMENT NO. 0701526 OF THE OFFICIAL PUBLIC RECORDS
OF BURNET COUNTY, TEXAS.
A PORTION OF TRACTS II (CALLED 44.998 ACRES), IIIA (CALLED
26.923 ACRES) AND ALL OF TRACT IIIB (CALLED 9.801 ACRES) CONVEYED TO
RALPH BOWMAN THOMAS IN A GENERAL WARRANTY DEED DATED FEBRUARY 21,
1994 AND RECORDED IN VOLUME 592, PAGE 99 OF THE REAL PROPERTY
RECORDS OF BURNET COUNTY, TEXAS, DULY RECORDED IN VOLUME 12112,
PAGE 1719 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, AND
BY QUITCLAIM DEED DATED JANUARY 19, 1999 AND RECORDED IN VOLUME
13366, PAGE 1241 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,
TEXAS.
ALL OF A 10.15 ACRE TRACT CONVEYED TO RALPH BOWMAN THOMAS IN A
GENERAL WARRANTY DEED DATED MARCH 10, 1994 AND RECORDED IN VOLUME
596, PAGE 477 OF THE REAL PROPERTY RECORDS OF BURNET COUNTY, TEXAS.
A PORTION OF A 10.0 ACRE TRACT CONVEYED TO RALPH BOWMAN THOMAS
IN A GENERAL WARRANTY DEED DATED MARCH 30, 1994 AND RECORDED IN
VOLUME 599, PAGE 115 OF THE REAL PROPERTY RECORDS OF BURNET COUNTY,
TEXAS.
ALL OF A 10.07 ACRE TRACT CONVEYED TO RALPH BOWMAN THOMAS IN A
GENERAL WARRANTY DEED DATED APRIL 26, 1994 AND RECORDED IN VOLUME
602, PAGE 463 OF THE REAL PROPERTY RECORDS OF BURNET COUNTY, TEXAS.
A PORTION OF AN 85.237 ACRE TRACT CONVEYED TO RALPH BOWMAN
THOMAS IN A QUITCLAIM DEED DATED JANUARY 19, 1999 AND RECORDED IN
VOLUME 13366, PAGE 1217 OF THE REAL PROPERTY RECORDS OF TRAVIS
COUNTY, TEXAS.
ALL OF A 10.00 ACRE TRACT CONVEYED TO RALPH BOWMAN THOMAS IN A
WARRANTY DEED DATED JUNE 1, 1999 AND RECORDED IN DOCUMENT NO.
1999056870 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS.
SAID 412.315 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a Mag nail found in concrete in the south
right-of-way line of County Road 404 (right-of-way width varies),
being the northwest corner of said 334.08 acre tract, being the
northeast corner of a 316.681 acre tract described in Volume 1377,
Page 647 of the Real Property Records of Burnet County, Texas;
THENCE with the south right-of-way line of County Road 404
and the north line of said 334.08 acre tract, the following five (5)
courses and distances:
1. South 67°38'54" East, a distance of 816.85 feet to an 8"
cedar fence post found;
2. South 84°53'42" East, a distance of 527.84 feet to an 8"
cedar fence post found;
3. North 78°47'35" East, a distance of 754.99 feet to a 1/2"
rebar with "Chaparral" cap set;
4. South 74°47'17" East, a distance of 67.66 feet to an 8"
cedar fence post found;
5. South 51°23'59" East, a distance of 750.72 feet to an 8"
cedar fence post found for the northeast corner of said 334.08 acre
tract, being the northwest corner of a 13 acre tract described in
Volume 530, Page 500 of the Real Property Records of Travis County,
Texas;
THENCE South 01°54'37" East, with the east line of said 334.08
acre tract and the west line of the said 13 acre tract, a distance of
951.09 feet to a 1/2" rebar found for the southwest corner of said
13 acre tract, being the northwest corner of said 9.801 acre tract;
THENCE South 84°53'45" East, with the north line of said 9.801
acre tract and the south line of said 13 acre tract, a distance of
1159.53 feet to a spindle with "Chaparral" washer set for an angle
point in the west line of said 44.998 acre tract;
THENCE North 02°45'53" West, crossing said 13 acre tract, with
the west line of said 44.998 acre tract, a distance of 225.13 feet
to a 1/2" rebar with cap found in the south right-of-way line of
Paleface Ranch Road (right-of-way width varies), being the
northwest corner of said 44.998 acre tract;
THENCE with the south right-of-way line of Paleface Ranch
Road and the north line of said 44.998 acre tract, the following
eight (8) courses and distances:
1. South 85°07'39" East, a distance of 185.55 feet to a 1/2"
rebar with "Chaparral" cap set;
2. South 70°29'30" East, a distance of 75.84 feet to a 1/2"
rebar found;
3. South 63°32'09" East, a distance of 141.62 feet to a 1/2"
rebar found;
4. South 61°56'20" East, a distance of 65.77 feet to a 1/2"
rebar found;
5. South 53°33'04" East, a distance of 26.35 feet to a 1/2"
rebar found;
6. South 45°49'56" East, a distance of 128.13 feet to a 1/2"
rebar found;
7. South 28°54'03" East, a distance of 104.91 feet to a 1/2"
rebar with "Chaparral" cap set;
8. South 18°11'27" East, a distance of 150.82 feet to a
calculated point in the southeast line of Burnet County, being the
northwest line of Travis County, from which a calculated angle
point in said County line at grid coordinates N 10141050.73, E
3000806.96, bears North 28°40'00" East, a distance of 6413.89 feet,
and also from which a 1-1/4" iron pipe found in the southwest
right-of-way line of Paleface Ranch Road, being the northeast
corner of said 44.998 acre tract, being the northernmost corner of
said 85.237 acre tract, bears South 18°11'27" East, a distance of
6.22 feet, then South 05°12'24" East, a distance of 10.82 feet;
THENCE South 28°40'00" West, crossing said 44.998 acre tract,
said 10.0 acre tract described in Volume 599, Page 115, said 26.923
acre tract, and said 85.237 acre tract, with said county line, a
distance of 3561.58 feet to a calculated point in the south line of
said 334.08 acre tract, being in the north line of a 709.419 acre
tract described in Document No. 2006005737 of the Official Public
Records of Travis County, Texas, from which a calculated point at
the location of a 6" by 6" by 44" tall concrete monument, grid
coordinates N 10125649.79, E 2992386.79, marking the intersection
of Travis, Burnet and Blanco counties and referenced in Document
No. 2006005737 of the Official Public Records of Travis County,
Texas, bears South 28°40'00" West, a distance of 7578.73 feet, and
also from which a 1/2" rebar with "RPLS 4532" cap found for the
southeast corner of said 334.08 acre tract, being the northeast
corner of said 709.419 acre tract, also being an angle point in the
west line of said 26.923 acre tract, bears North 88°39'23" East, a
distance of 4.08 feet;
THENCE South 88°39'23" West, with the south line of said
334.08 acre tract and the north line of said 709.419 acre tract, a
distance of 2317.20 feet to a 1/2" rebar found for the northwest
corner of said 709.419 acre tract, being the northeast corner of a
680.247 acre tract described in Document No. 0709805 of the
Official Public Records of Burnet County, Texas;
THENCE South 88°53'11" West, with the south line of said
334.08 acre tract and the north line of said 680.247 acre tract, a
distance of 977.10 feet to a 1/2" rebar found for the southwest
corner of said 334.08 acre tract, being an angle point in the north
line of said 680.247 acre tract, being also the southeast corner of
said 316.681 acre tract;
THENCE with the west line of said 334.08 acre tract and the
east line of said 316.681 acre tract, the following two (2) courses
and distances:
1. North 05°26'58" East, a distance of 2358.74 feet to a 60d
nail found;
2. North 05°32'10" East, a distance of 2864.67 feet to the
POINT OF BEGINNING, containing 412.315 acres of land, more or less.
SECTION 3. (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,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) 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 have been
fulfilled and accomplished.
SECTION 4. 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, 2013.
Pos. No. Name of Director
1 Casey Hoffman
2 Sarah Foster
3 Patricia Vojack
4 Sara Woomer
5 Kevin Zarling