Texas 2017 - 85th Regular

Texas House Bill HB4345 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4345
	1	+	By: Rodriguez of Travis (Senate Sponsor - Watson) H.B. No. 4345
	2	+	(In the Senate - Received from the House May 19, 2017;
	3	+	May 19, 2017, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 23, 2017, reported adversely,
	5	+	with favorable Committee Substitute by the following vote: Yeas 5,
	6	+	Nays 1, 1 present not voting; May 23, 2017, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4345 By: Garcia
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation of the Rio de Vida Municipal Utility
6		-	District No. 1 and the creation of the Southwestern Travis County
7		-	Groundwater Conservation District; providing authority to impose
8		-	taxes and fees; providing authority to issue bonds.
	14	+	District No. 1; providing authority to impose a tax and issue
	15	+	bonds.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10		-	ARTICLE 1. RIO DE VIDA MUNICIPAL UTILITY DISTRICT NO. 1
11		-	SECTION 1.01. Subtitle F, Title 6, Special District Local
12		-	Laws Code, is amended by adding Chapter 8013 to read as follows:
	17	+	SECTION 1. Subtitle F, Title 6, Special District Local Laws
	18	+	Code, is amended by adding Chapter 8013 to read as follows:
13	19		CHAPTER 8013. RIO DE VIDA MUNICIPAL UTILITY
14	20		DISTRICT NO. 1
15	21		SUBCHAPTER A. GENERAL PROVISIONS
16	22		Sec. 8013.001. DEFINITIONS. In this chapter:
17	23		(1) "Board" means the district's board of directors.
18	24		(2) "City" means the City of Austin, Texas.
19	25		(3) "Commission" means the Texas Commission on
20	26		Environmental Quality.
21	27		(4) "County" means Travis County.
22	28		(5) "Director" means a board member.
23	29		(6) "District" means the Rio de Vida Municipal Utility
24	30		District No. 1.
25	31		Sec. 8013.002. NATURE OF DISTRICT. The district is a
26	32		municipal utility district created under Section 59, Article XVI,
27	33		Texas Constitution.
28	34		Sec. 8013.003. CONFIRMATION AND DIRECTORS' ELECTION
29	35		REQUIRED. The temporary directors shall hold an election to
30	36		confirm the creation of the district and to elect four permanent
31	37		directors.
32	38		Sec. 8013.004. CONSENT OF CITY REQUIRED. (a) The temporary
33	39		directors may not hold an election under Section 8013.003 until the
34	40		city has consented by ordinance or resolution to the creation of the
35	41		district and to the inclusion of land in the district.
36	42		(b) If the city does not consent to the creation of the
37	43		district under this section before February 14, 2020:
38	44		(1) the district is dissolved February 14, 2020,
39	45		except that:
40	46		(A) any debts incurred shall be paid;
41	47		(B) any assets that remain after the payment of
42	48		debts shall be transferred to the city or another local
43	49		governmental entity to be used for a public purpose; and
44	50		(C) the organization of the district shall be
45	51		maintained until all debts are paid and remaining assets are
46	52		transferred; and
47	53		(2) this chapter expires February 14, 2020.
48	54		Sec. 8013.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
49	55		The district is created to serve a public purpose and benefit.
50	56		(b) The district is created to accomplish the purposes of:
51	57		(1) a municipal utility district as provided by
52	58		general law and Section 59, Article XVI, Texas Constitution;
53	59		(2) Section 52, Article III, Texas Constitution, that
54	60		relate to the construction, acquisition, improvement, operation,
55	61		or maintenance of macadamized, graveled, or paved roads, or
56	62		improvements, including storm drainage, in aid of those roads; and
57	63		(3) Section 52-a, Article III, Texas Constitution.
58	64		(c) By creating the district and in authorizing the city,
59	65		the county, and other political subdivisions to contract with the
60	66		district, the legislature has established a program to accomplish
61	67		the public purposes set out in Section 52-a, Article III, Texas
62	68		Constitution.
63	69		Sec. 8013.006. INITIAL DISTRICT TERRITORY. (a) The
64	70		district is initially composed of the territory described by
65		-	Section ~~1.02~~ of the Act enacting this chapter.
66		-	(b) The boundaries and field notes contained in Section ~~1.02~~
67		-	of the Act enacting this chapter form a closure. A mistake made in
68		-	~~the~~ field notes or in copying the field notes in the legislative
69		-	~~process~~ does not affect the district's:
	71	+	Section 2 of the Act enacting this chapter.
	72	+	(b) The boundaries and field notes contained in Section 2 of
	73	+	the Act enacting this chapter form a closure. A mistake made in the
	74	+	field notes or in copying the field notes in the legislative process
	75	+	does not affect the district's:
70	76		(1) organization, existence, or validity;
71	77		(2) right to issue any type of bond for the purposes
72	78		for which the district is created or to pay the principal of and
73	79		interest on a bond;
74	80		(3) right to impose a tax; or
75	81		(4) legality or operation.
76	82		Sec. 8013.007. ELIGIBILITY FOR INCLUSION IN TAX ABATEMENT
77	83		REINVESTMENT ZONE. All or any part of the area of the district is
78	84		eligible to be included in a tax abatement reinvestment zone under
79	85		Chapter 312, Tax Code.
80	86		SUBCHAPTER B. BOARD OF DIRECTORS
81	87		Sec. 8013.051. GOVERNING BODY; TERMS. (a) The district is
82	88		governed by a board of five directors who serve staggered terms of
83	89		four years, with two or three directors' terms expiring June 1 of
84	90		each odd-numbered year.
85	91		(b) A director may not serve more than two full terms of four
86	92		years.
87	93		(c) The board consists of:
88	94		(1) four elected directors; and
89	95		(2) one director appointed by the governing body of
90	96		the city.
91	97		(d) A director appointed under Subsection (c)(2) is not
92	98		required to reside in the district or to own real property in the
93	99		district.
94	100		(e) The common law doctrine of incompatibility does not
95	101		disqualify an elected official or employee of the city from being
96	102		appointed as a director by the governing body of the city under
97	103		Subsection (c)(2). A director appointed to the board may continue
98	104		to serve in a public office of or be employed by the city.
99	105		Sec. 8013.052. QUALIFICATIONS. Except as provided by
100	106		Section 8013.051(d), to qualify to serve on the board, a person
101	107		must:
102	108		(1) reside in the district; or
103	109		(2) own real property in the district.
104	110		Sec. 8013.053. TEMPORARY DIRECTORS. (a) On or after the
105		-	effective date ~~of the article~~ of the Act enacting this chapter, the
106		-	~~owners of a~~ majority of the assessed value of the real property in
107		-	~~the district~~ may submit a petition to the commission requesting
108		-	~~that the~~ commission appoint as temporary directors the five persons
109		-	~~named in~~ the petition. The commission shall appoint as temporary
110		-	~~directors~~ the five persons named in the petition.
	111	+	effective date of the Act enacting this chapter, the owners of a
	112	+	majority of the assessed value of the real property in the district
	113	+	may submit a petition to the commission requesting that the
	114	+	commission appoint as temporary directors the five persons named in
	115	+	the petition. The commission shall appoint as temporary directors
	116	+	the five persons named in the petition.
111	117		(b) Unless the district is dissolved and this chapter
112	118		expires as provided by Section 8013.004, temporary directors serve
113	119		until the earlier of:
114	120		(1) the date permanent directors are elected under
115	121		Section 8013.003; or
116	122		(2) September 1, 2021.
117	123		(c) Section 8013.052 does not apply to a director appointed
118	124		under this section.
119	125		SUBCHAPTER C. POWERS AND DUTIES
120	126		Sec. 8013.101. GENERAL POWERS AND DUTIES. The district has
121	127		the powers and duties necessary to accomplish the purposes for
122	128		which the district is created.
123	129		Sec. 8013.102. MUNICIPAL UTILITY DISTRICT POWERS AND
124	130		DUTIES. The district has the powers and duties provided by the
125	131		general law of this state, including Chapters 49 and 54, Water Code,
126	132		applicable to municipal utility districts created under Section 59,
127	133		Article XVI, Texas Constitution.
128	134		Sec. 8013.103. AUTHORITY FOR ROAD PROJECTS. Under Section
129	135		52, Article III, Texas Constitution, the district may design,
130	136		acquire, construct, finance, issue bonds for, improve, operate,
131	137		maintain, and convey to this state, a county, or the city for
132	138		operation and maintenance macadamized, graveled, or paved roads, or
133	139		improvements, including storm drainage, in aid of those roads.
134	140		Sec. 8013.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
135	141		project must meet all applicable construction standards, zoning and
136	142		subdivision requirements, and regulations of the city.
137	143		(b) If the state will maintain and operate the road, the
138	144		Texas Transportation Commission must approve the plans and
139	145		specifications of the road project.
140	146		Sec. 8013.105. COMPLIANCE WITH CONSENT AGREEMENT,
141	147		ORDINANCE, OR RESOLUTION. (a) The district shall comply with all
142	148		applicable requirements of any ordinance or resolution that is
143	149		adopted under Section 54.016 or 54.0165, Water Code, and that
144	150		consents to the creation of the district or to the inclusion of land
145	151		in the district, including affordable housing requirements
146	152		established in the consent agreement.
147	153		(b) Any agreement between the district and the city related
148	154		to the city's consent to the creation of the district is valid and
149	155		enforceable.
150	156		(c) On the issuance of bonds, the district is considered to
151	157		have acknowledged and consented to the exercise of the city's
152	158		authority as to actions taken by the city under Section 54.016(g),
153	159		Water Code.
154	160		Sec. 8013.106. CONTRACT TO FURTHER REGIONAL COOPERATION.
155	161		The district and city may contract on terms that the board and
156	162		governing body of the city agree will further regional cooperation
157	163		between the district and city.
158	164		Sec. 8013.107. GRADING AND IMPROVEMENTS TO LAND IN THE
159	165		DISTRICT. The district may construct, acquire, improve, maintain,
160	166		finance, or operate a facility or improvement related to reclaiming
161	167		or grading land in the district.
162	168		Sec. 8013.108. NO EMINENT DOMAIN POWER. The district may
163	169		not exercise the power of eminent domain.
164	170		SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
165	171		Sec. 8013.151. DIVISION OF DISTRICT; PREREQUISITES. The
166	172		district may be divided into two or more new districts only if the
167	173		district:
168	174		(1) has no outstanding bonded debt; and
169	175		(2) is not imposing ad valorem taxes.
170	176		Sec. 8013.152. LAW APPLICABLE TO NEW DISTRICT. This
171	177		chapter applies to any new district created by division of the
172	178		district, and a new district has all the powers and duties of the
173	179		district.
174	180		Sec. 8013.153. LIMITATION ON AREA OF NEW DISTRICT. A new
175	181		district created by the division of the district may not, at the
176	182		time the new district is created, contain any land outside the area
177		-	described by Section ~~1.02~~ of the Act enacting this chapter.
	183	+	described by Section 2 of the Act enacting this chapter.
178	184		Sec. 8013.154. CONSENT OF CITY OR COUNTY. If the district
179	185		is located wholly or partly in the corporate limits or the
180	186		extraterritorial jurisdiction of the city, the district may not
181	187		divide under this subchapter unless the city by resolution or
182	188		ordinance first consents to the division of the district.
183	189		Sec. 8013.155. DIVISION PROCEDURES. (a) The board, on its
184	190		own motion or on receipt of a petition signed by the owner or owners
185	191		of a majority of the assessed value of the real property in the
186	192		district, may adopt an order dividing the district.
187	193		(b) The board may adopt an order dividing the district
188	194		before or after the date the board holds an election under Section
189	195		8013.003 to confirm the district's creation.
190	196		(c) An order dividing the district must:
191	197		(1) name each new district;
192	198		(2) include the metes and bounds description of the
193	199		territory of each new district;
194	200		(3) appoint temporary directors for each new district;
195	201		and
196	202		(4) provide for the division of assets and liabilities
197	203		between the new districts.
198	204		(d) On or before the 30th day after the date of adoption of
199	205		an order dividing the district, the district shall file the order
200	206		with the commission and record the order in the real property
201	207		records of each county in which the district is located.
202	208		Sec. 8013.156. TAX OR BOND ELECTION. Before a new district
203	209		created by the division of the district may impose a sales and use
204	210		tax or an operation and maintenance tax or issue bonds payable
205	211		wholly or partly from ad valorem taxes, the new district must hold
206	212		an election as required by this chapter.
207	213		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
208	214		Sec. 8013.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The
209	215		district may issue, without an election, bonds and other
210	216		obligations secured by:
211	217		(1) revenue other than ad valorem taxes; or
212	218		(2) contract payments described by Section 8013.203.
213	219		(b) The district must hold an election in the manner
214	220		provided by Chapters 49 and 54, Water Code, to obtain voter approval
215	221		before the district may impose an ad valorem tax or issue bonds
216	222		payable from ad valorem taxes.
217	223		(c) The district may not issue bonds payable from ad valorem
218	224		taxes to finance a road project unless the issuance is approved by a
219	225		vote of a two-thirds majority of the district voters voting at an
220	226		election held for that purpose.
221	227		Sec. 8013.202. OPERATION AND MAINTENANCE TAX. (a) If
222	228		authorized at an election held under Section 8013.201, the district
223	229		may impose an operation and maintenance tax on taxable property in
224	230		the district in accordance with Section 49.107, Water Code.
225	231		(b) The board shall determine the tax rate. The rate may not
226	232		exceed the rate approved at the election.
227	233		(c) If required by an agreement between the district and
228	234		city under Section 8013.106, the total ad valorem tax rate of the
229	235		district may not be less than the total ad valorem tax rate of the
230	236		city.
231	237		Sec. 8013.203. CONTRACT TAXES. (a) In accordance with
232	238		Section 49.108, Water Code, the district may impose a tax other than
233	239		an operation and maintenance tax and use the revenue derived from
234	240		the tax to make payments under a contract after the provisions of
235	241		the contract have been approved by a majority of the district voters
236	242		voting at an election held for that purpose.
237	243		(b) A contract approved by the district voters may contain a
238	244		provision stating that the contract may be modified or amended by
239	245		the board without further voter approval.
240	246		SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
241	247		Sec. 8013.251. AUTHORITY TO ISSUE BONDS AND OTHER
242	248		OBLIGATIONS. The district may issue bonds or other obligations
243	249		payable wholly or partly from ad valorem taxes, impact fees,
244	250		revenue, sales and use taxes, contract payments, grants, or other
245	251		district money, or any combination of those sources, to pay for any
246	252		authorized district purpose.
247	253		Sec. 8013.252. TAXES FOR BONDS. At the time the district
248	254		issues bonds payable wholly or partly from ad valorem taxes, the
249	255		board shall provide for the annual imposition of a continuing
250	256		direct ad valorem tax, without limit as to rate or amount, while all
251	257		or part of the bonds are outstanding as required and in the manner
252	258		provided by Sections 54.601 and 54.602, Water Code.
253	259		Sec. 8013.253. BONDS FOR ROAD PROJECTS. At the time of
254	260		issuance, the total principal amount of bonds or other obligations
255	261		issued or incurred to finance road projects and payable from ad
256	262		valorem taxes may not exceed one-fourth of the assessed value of the
257	263		real property in the district.
258	264		SUBCHAPTER G. SALES AND USE TAX
259	265		Sec. 8013.301. APPLICABILITY OF CERTAIN TAX CODE
260	266		PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
261	267		computation, administration, enforcement, and collection of the
262	268		sales and use tax authorized by this subchapter except to the extent
263	269		Chapter 321, Tax Code, is inconsistent with this chapter.
264	270		(b) A reference in Chapter 321, Tax Code, to a municipality
265	271		or the governing body of a municipality is a reference to the
266	272		district or the board, respectively.
267	273		Sec. 8013.302. ELECTION; ADOPTION OF TAX. (a) The district
268	274		may adopt a sales and use tax if:
269	275		(1) the city consents to the adoption of the tax; and
270	276		(2) the tax is authorized by a majority of the voters
271	277		of the district voting at an election held for that purpose.
272	278		(b) Subject to city consent under Subsection (a), the board
273	279		by order may call an election to authorize the adoption of the sales
274	280		and use tax. The election may be held on any uniform election date
275	281		and in conjunction with any other district election.
276	282		(c) The district shall provide notice of the election and
277	283		shall hold the election in the manner prescribed by Section
278	284		8013.201.
279	285		(d) The ballot shall be printed to provide for voting for or
280	286		against the proposition: "Authorization of a sales and use tax in
281	287		the (insert name of district or name of new district created under
282	288		Subchapter D) at a rate not to exceed ____ percent" (insert rate of
283	289		one or more increments of one-eighth of one percent).
284	290		Sec. 8013.303. SALES AND USE TAX RATE. (a) Not later than
285	291		the 10th day after the date the results are declared of an election
286	292		held under Section 8013.302, at which the voters approved
287	293		imposition of the tax authorized by this subchapter, the board
288	294		shall determine the initial rate of the tax, which must be in one or
289	295		more increments of one-eighth of one percent.
290	296		(b) After the election held under Section 8013.302, the
291	297		board may decrease the rate of the tax by one or more increments of
292	298		one-eighth of one percent.
293	299		(c) The rate of the tax may not exceed the lesser of:
294	300		(1) the maximum rate authorized by the district voters
295	301		at the election held under Section 8013.302;
296	302		(2) a rate that, when added to the rates of all sales
297	303		and use taxes imposed by other political subdivisions with
298	304		territory in the district, would result in the maximum combined
299	305		rate prescribed by Section 321.101(f), Tax Code, at any location in
300	306		the district; or
301	307		(3) the sales and use tax rate adopted by the City of
302	308		Austin.
303	309		(d) The board shall notify the comptroller of any changes
304	310		made to the tax rate in the same manner the municipal secretary
305	311		provides notice to the comptroller under Section 321.405(b), Tax
306	312		Code.
307	313		Sec. 8013.304. USE OF REVENUE. Revenue from the sales and
308	314		use tax imposed under this subchapter is for the use and benefit of
309	315		the district and may be used for any district purpose. The district
310	316		may pledge all or part of the revenue to the payment of bonds,
311	317		notes, or other obligations, and that pledge of revenue may be in
312	318		combination with other revenue, including tax revenue, available to
313	319		the district.
314	320		Sec. 8013.305. ABOLITION OF TAX. (a) The board may abolish
315	321		the tax imposed under this subchapter without an election.
316	322		(b) If the board abolishes the tax, the board shall notify
317	323		the comptroller of that action in the same manner the municipal
318	324		secretary provides notice to the comptroller under Section
319	325		321.405(b), Tax Code.
320	326		(c) If the board abolishes the tax or decreases the tax rate
321	327		to zero, a new election to authorize a sales and use tax must be held
322	328		under Section 8013.302 before the district may subsequently impose
323	329		the tax.
324	330		SUBCHAPTER H. MUNICIPAL ANNEXATION AND DISSOLUTION
325		-	Sec. 8013.401. APPLICABILITY OF LAW ON WATER-RELATED
	331	+	Sec. 8013.401. APPLICABILITY OF LAW ON ANNEXATION OF
	332	+	DISTRICT. (a) The district is a "water or sewer district" for the
	333	+	purposes of Section 43.071, Local Government Code.
	334	+	(b) Sections 43.0561 and 43.0562, Local Government Code, do
	335	+	not apply to the annexation of the district.
	336	+	Sec. 8013.402. APPLICABILITY OF LAW ON WATER-RELATED
326	337		SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE
327	338		MUNICIPALITY. Section 43.075, Local Government Code, applies to
328	339		the district.
329		-	Sec. 8013.~~402~~. STRATEGIC PARTNERSHIP; CONTINUATION OF
	340	+	Sec. 8013.403. STRATEGIC PARTNERSHIP; CONTINUATION OF
330	341		DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may
331	342		continue to exist as a limited district after full-purpose
332	343		annexation by a municipality if the district and the annexing
333	344		municipality state the terms of the limited district's existence in
334	345		a strategic partnership agreement under Section 43.0751, Local
335	346		Government Code.
336	347		(b) The strategic partnership agreement may provide for an
337	348		original or renewed term of any number of years. The limitation in
338	349		Section 43.0751(g)(2), Local Government Code, on the length of the
339	350		term does not apply to a limited district created under this
340	351		section.
341		-	Sec. 8013.~~403~~. NOTICE OF FUTURE CITY ANNEXATION REQUIRED.
	352	+	Sec. 8013.404. NOTICE OF FUTURE CITY ANNEXATION REQUIRED.
342	353		(a) Not later than the 30th day after the date the city consents to
343	354		the creation of the district and to the inclusion of land in the
344	355		district under Section 8013.004(a), the city shall file, in the
345	356		real property records of the county, a notice to a purchaser of real
346	357		property in the district that describes:
347	358		(1) the city's authority and intention to annex the
348	359		district; and
349	360		(2) the anticipated date of the annexation.
350	361		(b) After the notice is filed, a person who proposes to sell
351	362		or otherwise convey real property in the district must provide a
352	363		copy of the notice to a purchaser of the property before selling or
353	364		conveying the property to the purchaser.
354		-	SECTION ~~1.02~~. The Rio de Vida Municipal Utility District
355		-	~~No. 1~~ initially includes all the territory contained in the
356		-	~~following~~ area:
	365	+	SECTION 2. The Rio de Vida Municipal Utility District No. 1
	366	+	initially includes all the territory contained in the following
	367	+	area:
357	368		ALL THAT CERTAIN PARCEL OR TRACT OF LAND OUT OF THE REUBEN
358	369		HORNSBY SURVEY NO. 17, JOSEPH DUTY SURVEY NO. 20 AND THE JOHN
359	370		BURLESON SURVEY NO. 33, TRAVIS COUNTY, TEXAS; BEING ALL OF THE
360	371		FOLLOWING TRACTS OF LAND AS CONVEYED TO TXI OPERATIONS, L.P. BY
361	372		DEEDS RECORDED IN THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,
362	373		TEXAS: A 353.08-ACRE TRACT (TO BE KNOWN AS PARCEL 01-1) AND A
363	374		65.12-ACRE TRACT (TO BE KNOWN AS PARCEL 01-2) IN VOLUME 12448, PAGE
364	375		737 AND VOLUME 13170, PAGE 656; A 65.12-ACRE TRACT (TO BE KNOWN AS
365	376		PARCEL 01-2) IN VOLUME 13170, PAGE 656; A 102.188-ACRE TRACT
366	377		(PARCEL NO. 1) (TO BE KNOWN AS PARCEL 02-1), A 29.008-ACRE TRACT
367	378		(PARCEL NO. 2) (TO BE KNOWN AS PARCEL 02-2) AND A 10.743-ACRE TRACT
368	379		(PARCEL NO. 3) (TO BE KNOWN AS PARCEL 02-3) IN VOLUME 12593, PAGE
369	380		2001; A 22.911-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 04-1) IN
370	381		VOLUME 11985, PAGE 1238 AND VOLUME 13170, PAGE 656; A 19.253-ACRE
371	382		TRACT (PARCEL 3) (TO BE KNOWN AS PARCEL 05-1), A 4.591-ACRE TRACT
372	383		(PARCEL 1) (TO BE KNOWN AS PARCEL 06-1) AND A 16.931-ACRE TRACT
373	384		(PARCEL 2) (TO BE KNOWN AS PARCEL 06-2) IN VOLUME 13304, PAGE 3306;
374	385		A 52.487-ACRE TRACT (TO BE KNOWN AS PARCEL 08-1) IN VOLUME 13088,
375	386		PAGE 429; A PORTION OF A 6.605-ACRE TRACT (TRACT 1) (TO BE KNOWN AS
376	387		PARCEL 08-2) AND A 5.411-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL
377	388		12-1) IN VOLUME 13088, PAGE 421; A 51.32-ACRE TRACT (TO BE KNOWN AS
378	389		PARCEL 10-1) IN VOLUME 12703, PAGE 411 AND VOLUME 13170, PAGE 656; A
379	390		6.262-ACRE TRACT (TO BE KNOWN AS PARCEL 11-1) IN VOLUME 12835, PAGE
380	391		1489; A 22.967-ACRE TRACT (TO BE KNOWN AS PARCEL 13-1) IN VOLUME
381	392		9872, PAGE 77 AND VOLUME 13170, PAGE 656; A 14.272-ACRE TRACT (TRACT
382	393		8) (TO BE KNOWN AS PARCEL 14-1), A 21.100-ACRE TRACT (TRACT 9) (TO
383	394		BE KNOWN AS PARCEL 15-1), A 32.738-ACRE TRACT (TRACT 17) (TO BE
384	395		KNOWN AS PARCEL 17-1), A 8.051-ACRE TRACT (TRACT 12) (TO BE KNOWN AS
385	396		PARCEL 18-1), A 9.744-ACRE TRACT (TRACT 13) (TO BE KNOWN AS PARCEL
386	397		18-2), A 9.752-ACRE TRACT (TRACT 14) (TO BE KNOWN AS PARCEL 18-3), A
387	398		15.981-ACRE TRACT (TRACT 15) (TO BE KNOWN AS PARCEL 18-4), A
388	399		19.127-ACRE TRACT (TRACT 16) (TO BE KNOWN AS PARCEL 18-5), A
389	400		10.274-ACRE TRACT (TRACT 10) (TO BE KNOWN AS PARCEL 21-1), A
390	401		9.825-ACRE TRACT (TRACT 11) (TO BE KNOWN AS PARCEL 21-2), A PORTION
391	402		OF A 44.586-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 23-1), A
392	403		PORTION OF A 15.959-ACRE TRACT (TRACT 7) (TO BE KNOWN AS PARCEL
393	404		23-2), A PORTION OF A 15.946-ACRE TRACT (TRACT 6) (TO BE KNOWN AS
394	405		PARCEL 23-3) AND A PORTION OF A 14.135-ACRE TRACT (TRACT 3) (TO BE
395	406		KNOWN AS PARCEL 28-1) IN VOLUME 12326, PAGE 1154 AND VOLUME 13170,
396	407		PAGE 656; A 30.531-ACRE TRACT (TO BE KNOWN AS PARCEL 16-1) IN VOLUME
397	408		10967, PAGE 1219 AND VOLUME 13170, PAGE 656; A 30.531-ACRE TRACT (TO
398	409		BE KNOWN AS PARCEL 16-1) IN VOLUME 10967, PAGE 1219 AND VOLUME
399	410		13170, PAGE 656; A 45.874-ACRE TRACT (TO BE KNOWN AS PARCEL 19-1) IN
400	411		VOLUME 12270, PAGE 1633 AND VOLUME 13170, PAGE 656; A 13.853-ACRE
401	412		TRACT (TO BE KNOWN AS PARCEL 20-1) IN VOLUME 12326, PAGE 1149 AND
402	413		VOLUME 13170, PAGE 656; A PORTION OF A 32.403-ACRE TRACT (TRACT 4)
403	414		(TO BE KNOWN AS PARCEL 22-1) AND A PORTION OF A 50.388-ACRE TRACT
404	415		(TRACT 1) (TO BE KNOWN AS PARCEL 28-2) IN VOLUME 12326, PAGE 1109
405	416		AND VOLUME 13170, PAGE 656; AND A 83.838-ACRE TRACT (TO BE KNOWN AS
406	417		PARCEL 27-1) IN VOLUME 11955, PAGE 972 AND VOLUME 13170, PAGE 656;
407	418		AND ALSO BEING ALL OF THE FOLLOWING TRACTS OF LAND AS CONVEYED TO
408	419		TXI OPERATIONS, L.P. BY DEEDS RECORDED IN THE OFFICIAL PUBLIC
409	420		RECORDS OF TRAVIS COUNTY, TEXAS: A 49.994-ACRE TRACT (TRACT 1) (TO
410	421		BE KNOWN AS PARCEL 03-1), A PORTION OF A 85.957-ACRE TRACT (TRACT 2)
411	422		(TO BE KNOWN AS PARCEL 03-2), A PORTION OF A 41.043-ACRE TRACT
412	423		(TRACT 3) (TO BE KNOWN AS PARCEL 03-3), A 69.542-ACRE TRACT (TRACT
413	424		4) (TO BE KNOWN AS PARCEL 03-4), A 55.299-ACRE TRACT (TRACT 5) (TO
414	425		BE KNOWN AS PARCEL 03-5), A PORTION OF A 33.214-ACRE TRACT (TO BE
415	426		KNOWN AS PARCEL 03-6) AND A 39.355-ACRE TRACT (TRACT 6) (TO BE KNOWN
416	427		AS PARCEL 03-7) IN DOCUMENT NO. 1999152526; A 223.497-ACRE TRACT
417	428		(TO BE KNOWN AS PARCEL 07-1) IN DOCUMENT NO. 2005002939; A
418	429		194.824-ACRE TRACT (TRACT A) (TO BE KNOWN AS PARCEL 09-1) AND A
419	430		67.418-ACRE TRACT (TRACT B) (TO BE KNOWN AS PARCEL 09-2) IN DOCUMENT
420	431		NO. 2005007841; PORTIONS OF A 101.697-ACRE TRACT (TRACT 1) AND A
421	432		14.054-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 24-1) IN DOCUMENT
422	433		NO. 1999148757; A 39.462-ACRE TRACT (TO BE KNOWN AS PARCEL 25-1) IN
423	434		DOCUMENT NO. 2006133198; AND A 33.35-ACRE TRACT (TO BE KNOWN AS
424	435		PARCEL 26-1) IN DOCUMENT NO. 2005007845; AND BEING MORE
425	436		PARTICULARLY DESCRIBED IN FIVE (5) TRACTS BY METES AND BOUNDS AS
426	437		FOLLOWS:
427	438		TRACT 1
428	439		BEGINNING at a calculated point at the intersection of the
429	440		north bank of the Colorado River and the east right-of-way line of
430	441		State Highway No. 130, at the southwest corner of the
431	442		above-described Parcel 09-1, for the southwest corner and POINT OF
432	443		BEGINNING of the herein described tract;
433	444		THENCE, with the east right-of-way line of said State Highway
434	445		No. 130, the following seven (7) courses:
435	446		1) N08°37'24"W a distance of 537.28 feet to a calculated
436	447		angle point;
437	448		2) N01°34'38"W a distance of 3,468.10 feet to a calculated
438	449		angle point;
439	450		3) N59°15'05"E a distance of 166.15 feet to a calculated
440	451		angle point;
441	452		4) N08°13'09"E a distance of 547.29 feet to a calculated
442	453		angle point;
443	454		5) N52°30'09"W a distance of 138.99 feet to a calculated
444	455		non-tangent point of curvature of a curve to the right;
445	456		6) Along said curve to the right an arc distance of 1,274.92
446	457		feet, having a radius of 3,458.72 feet, and a chord which bears
447	458		N19°25'33"E a distance of 1,267.71 feet to a calculated point of
448	459		tangency; and
449	460		7) N29°59'08"E a distance of 421.69 feet to a calculated
450	461		point at the northwest corner of said Parcel 09-1;
451	462		THENCE, with the north line of said Parcel 09-1, the
452	463		following three (3) courses:
453	464		1) S60°37'51"E a distance of 116.20 feet to a to a calculated
454	465		point;
455	466		2) N29°22'09"E a distance of 83.70 feet to a calculated
456	467		point; and
457	468		3) S60°41'35"E a distance of 416.71 feet to a calculated
458	469		point on the west line of the above-described Parcel 01-1 at the
459	470		most northerly northeast corner of said Parcel 09-1;
460	471		THENCE, with the west line of said Parcel 01-1, the following
461	472		five (5) courses:
462	473		1) N27°20'56"E a distance of 39.85 feet to a calculated angle
463	474		point;
464	475		2) N49°43'26"E a distance of 65.85 feet to a calculated angle
465	476		point;
466	477		3) N27°21'16"E a distance of 619.40 feet to a calculated
467	478		point at an inside corner of said Parcel 01-1;
468	479		4) N62°38'24"W a distance of 5.00 feet to a calculated point
469	480		at an outside corner of said Parcel 01-1; and
470	481		5) N27°21'36"E a distance of 617.35 feet to a calculated
471	482		point on the south line of the above-described Parcel 16-1 at the
472	483		northwest corner of said Parcel 01-1;
473	484		THENCE N62°22'51"W a distance of 40.60 feet to a calculated
474	485		point on the east line of the above-described Parcel 23-1;
475	486		THENCE, with the east line of said Parcel 23-1, the following
476	487		four (4) courses:
477	488		1) S27°22'35"W a distance of 618.29 feet to a calculated
478	489		point for an outside corner of said Parcel 23-1;
479	490		2) N62°37'49"W a distance of 5.00 feet to a calculated point
480	491		for an inside corner of said Parcel 23-1;
481	492		3) S27°22'11"W a distance of 618.51 feet to a calculated
482	493		angle point; and
483	494		4) S73°40'29"W a distance of 69.55 feet to a calculated point
484	495		at the southeast corner of said Parcel 23-1;
485	496		THENCE, with the south line of said Parcel 23-1, N60°41'02"W a
486	497		distance of 339.91 feet to a calculated point on the east
487	498		right-of-way line of State Highway No. 130 at the southwest corner
488	499		of said Parcel 23-1;
489	500		THENCE, with the east right-of-way line of said State Highway
490	501		No. 130, the following three (3) courses:
491	502		1) N30°02'29"E a distance of 1,101.68 feet to a calculated
492	503		angle point;
493	504		2) N20°27'12"E a distance of 2,012.40 feet to a calculated
494	505		angle point; and
495	506		3) N27°27'12"E a distance of 432.97 feet to a calculated
496	507		point at the northwest corner of the above-described Parcel 23-3;
497	508		THENCE, with the north line of said Parcel 23-3, S62°04'21"E a
498	509		distance of 608.26 feet to a calculated point on the west line of
499	510		the above-described Parcel 14-1 at the northeast corner of said
500	511		Parcel 23-3;
501	512		THENCE, with the west line of said Parcel 14-1, N27°45'52"E a
502	513		distance of 393.68 feet to a calculated point at the northwest
503	514		corner of said Parcel 14-1, also being the most westerly southwest
504	515		corner of the above-described Parcel 01-2;
505	516		THENCE, with the west line of said Parcel 01-2, N28°07'17"E a
506	517		distance of 224.92 feet to a calculated point at the southeast
507	518		corner of the above-described Parcel 24-1;
508	519		THENCE, with the south line of said Parcel 24-1, N62°34'20"W a
509	520		distance of 613.00 feet to a calculated point on the east
510	521		right-of-way line of said State Highway No. 130 at the southwest
511	522		corner of said Parcel 24-1;
512	523		THENCE, with the east right-of-way line of said State Highway
513	524		No. 130, the following nine (9) courses:
514	525		1) N27°27'12"E a distance of 1,672.04 feet to a calculated
515	526		angle point;
516	527		2) N32°27'12"E a distance of 1,894.71 feet to a calculated
517	528		angle point;
518	529		3) N29°36'58"E a distance of 516.40 feet to a calculated
519	530		point;
520	531		4) S61°16'47"E a distance of 91.29 feet to a calculated
521	532		point;
522	533		5) N33°24'29"E a distance of 576.93 feet to a calculated
523	534		point;
524	535		6) N61°16'47"W a distance of 126.37 feet to a calculated
525	536		point;
526	537		7) N26°30'22"E a distance of 430.28 feet to a calculated
527	538		point;
528	539		8) N61°16'47"W a distance of 56.58 feet to a calculated
529	540		point; and
530	541		9) N27°27'30"E a distance of 956.84 feet to a calculated
531	542		point at the intersection with the south right-of-way line of FM
532	543		Highway No. 969, also being the northwest corner of said Parcel
533	544		24-1;
534	545		THENCE, with the south right-of-way line of said FM Highway
535	546		No. 969, the following six (6) courses:
536	547		1) S64°07'08"E a distance of 395.49 feet to a calculated
537	548		point;
538	549		2) S22°48'20"W a distance of 61.04 feet to a calculated
539	550		point;
540	551		3) S67°11'40"E a distance of 110.00 feet to a calculated
541	552		point;
542	553		4) N22°48'20"E a distance of 60.54 feet to a calculated
543	554		point;
544	555		5) S77°33'00"E a distance of 201.73 feet to a calculated
545	556		angle point; and
546	557		6) S65°03'31"E a distance of 381.97 feet to a calculated
547	558		point at the northeast corner of the above-described Parcel 08-2;
548	559		THENCE, with the east line of said Parcel 08-2, S12°49'01"W a
549	560		distance of 1,365.75 feet to a calculated point at an inside corner
550	561		of the above-described Parcel 02-1;
551	562		THENCE, with the north line of said Parcel 02-1, S62°34'57"E a
552	563		distance of 947.19 feet to a calculated point at the most easterly
553	564		northeast corner of said Parcel 02-1;
554	565		THENCE, with the east line of said Parcel 02-1, S27°12'42"W a
555	566		distance of 1,350.79 feet to a calculated angle point;
556	567		THENCE, continuing with the east line of said Parcel 02-1,
557	568		S27°42'57"W a distance of 1,658.43 feet to a calculated point at the
558	569		northeast corner of said Parcel 01-2;
559	570		THENCE, with the east line of said Parcel 01-2, S27°36'56"W a
560	571		distance of 1,486.26 feet to a calculated point at an outside corner
561	572		of said Parcel 01-2 on the north line of the above-described Parcel
562	573		04-1;
563	574		THENCE, with the north line of said Parcel 04-1, S62°13'13"E a
564	575		distance of 697.01 feet to a calculated point at the northeast
565	576		corner of said Parcel 04-1, also being the northwest corner of the
566	577		above-described Parcel 19-1;
567	578		THENCE, with the north line of said Parcel 19-1, S62°14'53"E a
568	579		distance of 461.49 feet to a calculated point at the southwest
569	580		corner of the above-described Parcel 10-1;
570	581		THENCE, with the west line of said Parcel 10-1, N27°49'54"E a
571	582		distance of 3,150.15 feet to a calculated point at the northwest
572	583		corner of said Parcel 10-1;
573	584		THENCE, with the north line of said Parcel 10-1, S62°43'06"E a
574	585		distance of 710.22 feet to a calculated point at the northeast
575	586		corner of said Parcel 10-1;
576	587		THENCE, with the east line of said Parcel 10-1, S27°52'34"W a
577	588		distance of 3,156.02 feet to a calculated point at the southeast
578	589		corner of said Parcel 10-1, also being the northwest corner of the
579	590		above-described Parcel 06-1;
580	591		THENCE, with the north line of said Parcel 06-1, S61°04'03"E a
581	592		distance of 289.04 feet to a calculated point at the northwest
582	593		corner of the above-described Parcel 12-1;
583	594		THENCE, with the north line of said Parcel 12-1, S63°22'55"E a
584	595		distance of 457.28 feet to a calculated point at the northwest
585	596		corner of the above-described Parcel 06-2;
586	597		THENCE, with the north line of said Parcel 06-2, S64°42'36"E a
587	598		distance of 378.00 feet to a calculated point at the northwest
588	599		corner of the above-described Parcel 20-1;
589	600		THENCE, with the north line of said Parcel 20-1, S70°09'59"E a
590	601		distance of 400.67 feet to a calculated point at the northwest
591	602		corner of the above-described Parcel 02-3;
592	603		THENCE, with the north line of said Parcel 02-3, the
593	604		following three (3) courses:
594	605		1) S67°05'07"E a distance of 104.58 feet to a calculated
595	606		angle point;
596	607		2) S53°35'54"E a distance of 105.83 feet to a calculated
597	608		angle point; and
598	609		3) S55°41'48"E a distance of 206.91 feet to a calculated
599	610		point at the northeast corner of said Parcel 02-3;
600	611		THENCE, with the east line of said Parcel 02-3, S28°01'49"W a
601	612		distance of 899.00 feet to a calculated point on the north bank of
602	613		the Colorado River at the southeast corner of said Parcel 02-3;
603	614		THENCE, with the meanders of the north bank of the Colorado
604	615		River, the following fifty-nine (59) courses:
605	616		1) S78°57'26"W a distance of 265.40 feet to a calculated
606	617		point;
607	618		2) S58°33'04"W a distance of 403.36 feet to a calculated
608	619		point;
609	620		3) S27°53'07"W a distance of 24.17 feet to a calculated
610	621		point;
611	622		4) S73°19'34"W a distance of 179.78 feet to a calculated
612	623		point;
613	624		5) S80°40'33"W a distance of 284.45 feet to a calculated
614	625		point;
615	626		6) N26°28'28"E a distance of 20.96 feet to a calculated
616	627		point;
617	628		7) S75°36'26"W a distance of 293.31 feet to a calculated
618	629		point;
619	630		8) S86°20'34"W a distance of 84.16 feet to a calculated
620	631		point;
621	632		9) S79°42'18"W a distance of 141.79 feet to a calculated
622	633		point;
623	634		10) S27°00'43"W a distance of 26.90 feet to a calculated
624	635		point;
625	636		11) S78°05'41"W a distance of 99.68 feet to a calculated
626	637		point;
627	638		12) S71°38'12"W a distance of 426.53 feet to a calculated
628	639		point;
629	640		13) S58°35'29"W a distance of 276.51 feet to a calculated
630	641		point;
631	642		14) S24°20'35"W a distance of 359.58 feet to a calculated
632	643		point;
633	644		15) S08°24'01"W a distance of 300.61 feet to a calculated
634	645		point;
635	646		16) S07°37'34"E a distance of 185.37 feet to a calculated
636	647		point;
637	648		17) S02°25'49"E a distance of 59.41 feet to a calculated
638	649		point;
639	650		18) S01°21'36"W a distance of 38.60 feet to a calculated
640	651		point;
641	652		19) S08°00'24"E a distance of 41.40 feet to a calculated
642	653		point;
643	654		20) S09°09'36"W a distance of 373.90 feet to a calculated
644	655		point;
645	656		21) S31°59'36"W a distance of 107.30 feet to a calculated
646	657		point;
647	658		22) S18°00'36"W a distance of 293.50 feet to a calculated
648	659		point;
649	660		23) S30°25'36"W a distance of 112.00 feet to a calculated
650	661		point;
651	662		24) S10°51'36"W a distance of 634.90 feet to a calculated
652	663		point;
653	664		25) S02°34'36"W a distance of 30.70 feet to a calculated
654	665		point;
655	666		26) S59°28'24"E a distance of 57.10 feet to a calculated
656	667		point;
657	668		27) S03°40'24"E a distance of 310.40 feet to a calculated
658	669		point;
659	670		28) S16°21'36"W a distance of 278.50 feet to a calculated
660	671		point;
661	672		29) S17°53'36"W a distance of 322.40 feet to a calculated
662	673		point;
663	674		30) S32°29'36"W a distance of 792.30 feet to a calculated
664	675		point;
665	676		31) S18°11'36"W a distance of 184.90 feet to a calculated
666	677		point;
667	678		32) N63°10'34"W a distance of 44.96 feet to a calculated
668	679		point;
669	680		33) S19°04'38"W a distance of 21.49 feet to a calculated
670	681		point;
671	682		34) S27°17'38"W a distance of 190.50 feet to a calculated
672	683		point;
673	684		35) S23°12'38"W a distance of 266.20 feet to a calculated
674	685		point;
675	686		36) S33°52'38"W a distance of 191.10 feet to a calculated
676	687		point;
677	688		37) S61°12'38"W a distance of 280.40 feet to a calculated
678	689		point;
679	690		38) S63°15'38"W a distance of 345.10 feet to a calculated
680	691		point;
681	692		39) S72°35'38"W a distance of 285.20 feet to a calculated
682	693		point;
683	694		40) N85°31'22"W a distance of 165.00 feet to a calculated
684	695		point;
685	696		41) N72°50'22"W a distance of 150.00 feet to a calculated
686	697		point;
687	698		42) N10°15'22"W a distance of 135.80 feet to a calculated
688	699		point;
689	700		43) N04°17'22"W a distance of 37.00 feet to a calculated
690	701		point;
691	702		44) N38°51'22"W a distance of 391.50 feet to a calculated
692	703		point;
693	704		45) N12°14'22"W a distance of 40.00 feet to a calculated
694	705		point;
695	706		46) N07°15'38"E a distance of 183.00 feet to a calculated
696	707		point;
697	708		47) S47°45'38"W a distance of 386.10 feet to a calculated
698	709		point;
699	710		48) S75°54'39"W a distance of 102.43 feet to a calculated
700	711		point;
701	712		49) S71°46'05"W a distance of 154.03 feet to a calculated
702	713		point;
703	714		50) S65°38'42"W a distance of 430.32 feet to a calculated
704	715		point;
705	716		51) S49°58'20"W a distance of 207.45 feet to a calculated
706	717		point;
707	718		52) S47°30'01"W a distance of 581.94 feet to a calculated
708	719		point;
709	720		53) S58°05'16"W a distance of 199.26 feet to a calculated
710	721		point;
711	722		54) S55°02'26"W a distance of 168.25 feet to a calculated
712	723		point;
713	724		55) S66°49'36"W a distance of 424.33 feet to a calculated
714	725		point;
715	726		56) S70°27'05"W a distance of 178.44 feet to a calculated
716	727		point;
717	728		57) S73°49'29"W a distance of 103.82 feet to a calculated
718	729		point;
719	730		58) S85°43'30"W a distance of 78.52 feet to a calculated
720	731		point; and
721	732		59) S78°29'14"W a distance of 59.80 feet to the POINT OF
722	733		BEGINNING, and containing 1,370 acres of land, more or less.
723	734		TRACT 2
724	735		BEGINNING at a calculated point at the intersection of the
725	736		north bank of the Colorado River and the west right-of-way line of
726	737		State Highway No. 130, at the southeast corner of the
727	738		above-described Parcel 03-2, for the southeast corner and POINT OF
728	739		BEGINNING of the herein described tract;
729	740		THENCE, with the meanders of the north bank of the Colorado
730	741		River, the following twenty-two (22) courses:
731	742		1) S76°37'38"W a distance of 1.87 feet to a calculated point;
732	743		2) S72°53'53"W a distance of 518.11 feet to a calculated
733	744		point;
734	745		3) S75°14'11"W a distance of 517.88 feet to a calculated
735	746		point;
736	747		4) S70°55'05"W a distance of 289.38 feet to a calculated
737	748		point;
738	749		5) S81°58'40"W a distance of 118.79 feet to a calculated
739	750		point;
740	751		6) S63°21'33"W a distance of 277.07 feet to a calculated
741	752		point;
742	753		7) S49°47'25"W a distance of 47.81 feet to a calculated
743	754		point;
744	755		8) S64°43'53"W a distance of 353.97 feet to a calculated
745	756		point;
746	757		9) S62°39'35"W a distance of 626.81 feet to a calculated
747	758		point;
748	759		10) S72°28'38"W a distance of 203.07 feet to a calculated
749	760		point;
750	761		11) S85°12'41"W a distance of 191.20 feet to a calculated
751	762		point;
752	763		12) N89°48'48"W a distance of 82.77 feet to a calculated
753	764		point;
754	765		13) N83°17'50"W a distance of 141.54 feet to a calculated
755	766		point;
756	767		14) N83°16'30"W a distance of 332.35 feet to a calculated
757	768		point;
758	769		15) N72°21'14"W a distance of 159.08 feet to a calculated
759	770		point;
760	771		16) N80°26'48"W a distance of 189.39 feet to a calculated
761	772		point;
762	773		17) N79°57'59"W a distance of 91.38 feet to a calculated
763	774		point;
764	775		18) S85°50'53"W a distance of 69.91 feet to a calculated
765	776		point;
766	777		19) N78°28'45"W a distance of 123.84 feet to a calculated
767	778		point;
768	779		20) N68°18'10"W a distance of 159.21 feet to a calculated
769	780		point;
770	781		21) N80°39'08"W a distance of 135.80 feet to a calculated
771	782		point; and
772	783		22) S78°59'06"W a distance of 43.91 feet to a calculated
773	784		point at the intersection with the east right-of-way line of FM
774	785		Highway No. 973, also being the most southerly southwest corner of
775	786		the above-described Parcel 03-5;
776	787		THENCE, with the east right-of-way line of said FM Highway
777	788		No. 973, N10°21'00"E a distance of 147.12 feet to a calculated point
778	789		of curvature of a curve to the left;
779	790		THENCE, continuing with the east right-of-way line, along
780	791		said curve to the left an arc distance of 623.12 feet, having a
781	792		radius of 622.94 feet, and a chord which bears N18°18'22"W a
782	793		distance of 597.46 feet to a calculated point at the most westerly
783	794		southwest corner of said Parcel 03-5;
784	795		THENCE, with the west line of said Parcel 03-5, N27°38'58"E a
785	796		distance of 2,173.14 feet to a calculated point at the northwest
786	797		corner of said Parcel 03-5;
787	798		THENCE, with the north line of said Parcel 03-5, S62°35'52"E a
788	799		distance of 953.15 feet to a calculated point in the west line of
789	800		the above-described Parcel 03-7 at the northeast corner of said
790	801		Parcel 03-5;
791	802		THENCE, with the west line of said Parcel 03-7, N27°51'48"E a
792	803		distance of 830.67 feet to a calculated angle point;
793	804		THENCE, continuing with the west line of said Parcel 03-7,
794	805		N27°04'22"E a distance of 660.77 feet to a calculated angle point;
795	806		THENCE, with the west line of the above-described Parcel
796	807		03-01, N27°16'45"E a distance of 2,498.68 feet to a calculated point
797	808		at the northwest corner of said Parcel 03-1, also being the
798	809		southwest corner of the above-described Parcel 28-2;
799	810		THENCE, with the west line of said Parcel 28-2, the following
800	811		five (5) courses:
801	812		1) N23°25'44"E a distance of 14.81 feet to a calculated angle
802	813		point;
803	814		2) N27°12'18"E a distance of 110.07 feet to a calculated
804	815		angle point;
805	816		3) N27°08'13"E a distance of 109.97 feet to a calculated
806	817		angle point;
807	818		4) N27°14'30"E a distance of 114.81 feet to a calculated
808	819		angle point; and
809	820		5) N27°12'49"E a distance of 7.53 feet to a calculated point
810	821		at the southeast corner of the above-described Parcel 27-1;
811	822		THENCE, with the south line of said Parcel 27-1, N62°40'24"W a
812	823		distance of 1,722.95 feet to a calculated point on the east
813	824		right-of-way line of FM Highway No. 973 at the southwest corner of
814	825		said Parcel 27-1;
815	826		THENCE, with the east right-of-way line of said FM Highway
816	827		No. 973, N27°14'18"E a distance of 2,115.67 feet to a calculated
817	828		point at the intersection with the south right-of-way line of
818	829		Harold Green Road at the northwest corner of said Parcel 27-1;
819	830		THENCE, with the south right-of-way line of said Harold Green
820	831		Road, S62°58'47"E a distance of 1,685.22 feet to a calculated angle
821	832		point;
822	833		THENCE, continuing with the south right-of-way line of said
823	834		Harold Green Road, S49°54'08"E a distance of 37.29 feet to a
824	835		calculated point at the intersection with the west right-of-way
825	836		line of State Highway No. 130 at the northeast corner of said Parcel
826	837		27-1;
827	838		THENCE, with the west right-of-way line of said State Highway
828	839		No. 130, the following six (6) courses:
829	840		1) S27°10'40"W a distance of 207.10 feet to a calculated
830	841		point at the northwest corner of said Parcel 28-2;
831	842		2) S60°00'52"E a distance of 291.88 feet to a calculated
832	843		point at the northeast corner of said Parcel 28-2;
833	844		3) S29°59'08"W a distance of 908.52 feet to a calculated
834	845		angle point;
835	846		4) S12°44'41"W a distance of 849.11 feet to a calculated
836	847		angle point;
837	848		5) S18°15'23"E a distance of 401.53 feet to a calculated
838	849		angle point; and
839	850		6) S01°34'38"E a distance of 4,793.91 feet to the POINT OF
840	851		BEGINNING, and containing 446 acres of land, more or less.
841	852		TRACT 3
842	853		BEGINNING at a calculated point on the west right-of-way line
843	854		of FM Highway No. 973 at the northeast corner of the
844	855		above-described Parcel 03-4, for the northeast corner and POINT OF
845	856		BEGINNING of the herein described tract;
846	857		THENCE, with the west right-of-way line of said FM Highway
847	858		No. 973, S27°14'18"W a distance of 3,646.01 feet to a calculated
848	859		point at the southeast corner of said Parcel 03-4;
849	860		THENCE, with the south line of said Parcel 03-4, N62°56'53"W a
850	861		distance of 837.14 feet to a calculated point at the southwest
851	862		corner of said Parcel 03-4;
852	863		THENCE, with the west line of said Parcel 03-4, the following
853	864		three (3) courses:
854	865		1) N27°31'25"E a distance of 340.08 feet to a calculated
855	866		angle point;
856	867		2) N27°26'49"E a distance of 1,634.23 feet to a calculated
857	868		angle point; and
858	869		3) N27°36'28"E a distance of 1,688.35 feet to a calculated
859	870		point at the northwest corner of said Parcel 03-4;
860	871		THENCE, with the north line of said Parcel 03-4, S61°47'25"E a
861	872		distance of 818.72 feet to the POINT OF BEGINNING, and containing 69
862	873		acres of land, more or less.
863	874		TRACT 4
864	875		BEGINNING at a calculated point on the east right-of-way line
865	876		of FM Highway No. 973 at the northwest corner of the
866	877		above-described Parcel 11-1, for the most westerly northwest corner
867	878		and POINT OF BEGINNING of the herein described tract;
868	879		THENCE, with the north line of said Parcel 11-1, S62°59'56"E a
869	880		distance of 1,705.04 feet to a calculated point on the west line of
870	881		the above-described Parcel 22-1 at the northeast corner of said
871	882		Parcel 11-1;
872	883		THENCE, with the west line of said Parcel 22-1, N27°24'34"E a
873	884		distance of 854.85 feet to a calculated point on the west
874	885		right-of-way line of State Highway No. 130 at the northwest corner
875	886		of said Parcel 22-1;
876	887		THENCE, with the west right-of-way line of said State Highway
877	888		No. 130, the following six (6) courses:
878	889		1) S62°02'37"E a distance of 70.21 feet to a calculated point
879	890		at the northeast corner of said Parcel 22-1;
880	891		2) S12°37'58"W a distance of 1,453.45 feet to a calculated
881	892		point of curvature of a curve to the right;
882	893		3) Along said curve to the right an arc distance of 557.08
883	894		feet, having a radius of 1813.67 feet, and a chord which bears
884	895		S22°23'39"W a distance of 554.89 feet to a calculated point of
885	896		tangency;
886	897		4) S31°31'30"W a distance of 319.97 feet to a calculated
887	898		point at the southeast corner of the above-described Parcel 23-1;
888	899		5) N87°37'11"W a distance of 71.61 feet to a calculated angle
889	900		point; and
890	901		6) N62°35'47"W a distance of 400.24 feet to a calculated
891	902		point at the southwest corner of said Parcel 23-1;
892	903		THENCE, with the west lines of Parcels 23-1, 28-1 and 22-1,
893	904		N27°24'44"E a distance of 1,293.45 feet to a calculated point at the
894	905		southeast corner of said Parcel 11-1;
895	906		THENCE, with the south line of said Parcel 11-1, N62°59'56"W a
896	907		distance of 1,705.16 feet to a calculated point on the east
897	908		right-of-way line of said FM Highway No. 973 at the southwest
898	909		corner of said Parcel 11-1;
899	910		THENCE, with the east right-of-way line of said FM Highway
900	911		No. 973, N26°57'04"E a distance of 160.00 feet to the POINT OF
901	912		BEGINNING, and containing 24 acres of land, more or less.
902	913		TRACT 5
903	914		BEGINNING at a 1/2" iron rod found on the east right-of-way
904	915		line of FM Highway No. 973 at the northwest corner of the
905	916		above-described Parcel 07-1, for the northwest corner and POINT OF
906	917		BEGINNING of the herein described tract;
907	918		THENCE, with the north line of said Parcel 07-1, S63°23'23"E a
908	919		distance of 1,720.22 feet to a calculated point at the northeast
909	920		corner of said Parcel 07-1;
910	921		THENCE, with the east line of said Parcel 07-1, a portion of
911	922		said line also being the west right-of-way line of said State
912	923		Highway No. 130, S27°27'34"W a distance of 5,047.34 feet to a
913	924		calculated angle point;
914	925		THENCE, continuing with the west right-of-way line of said
915	926		State Highway No. 130, S27°52'12"W a distance of 588.10 feet to a
916	927		calculated point at the southeast corner of said Parcel 07-1;
917	928		THENCE, with the south line of said Parcel 07-1, N63°23'09"W a
918	929		distance of 1,723.19 feet to a 1/2" iron rod found with cap marked
919	930		"Brooks-Baker" on the east right-of-way line of said FM Highway
920	931		No. 973 at the southwest corner of said Parcel 07-1;
921	932		THENCE, with the east right-of-way line of said FM Highway
922	933		No. 973, the following three (3) courses:
923	934		1) N27°00'51"E a distance of 790.98 feet to a calculated
924	935		angle point;
925	936		2) N27°35'51"E a distance of 4,186.86 feet to a calculated
926	937		angle point; and
927	938		3) N27°44'31"E a distance of 657.55 feet to the POINT OF
928	939		BEGINNING, and containing 223 acres of land, more or less.
929	940		The gross area contained within Tracts 1, 2, 3, 4 and 5 totals
930	941		2,132 acres of land, more or less.
931		-	SECTION 1.03. (a) The legal notice of the intention to
932		-	introduce this article of this Act, setting forth the general
933		-	substance of this article of this Act, has been published as
934		-	provided by law, and the notice and a copy of this article of this
935		-	Act have been furnished to all persons, agencies, officials, or
936		-	entities to which they are required to be furnished under Section
937		-	59, Article XVI, Texas Constitution, and Chapter 313, Government
938		-	Code.
	942	+	SECTION 3. (a) The legal notice of the intention to
	943	+	introduce this Act, setting forth the general substance of this
	944	+	Act, has been published as provided by law, and the notice and a
	945	+	copy of this Act have been furnished to all persons, agencies,
	946	+	officials, or entities to which they are required to be furnished
	947	+	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
	948	+	Government Code.
939	949		(b) The governor, one of the required recipients, has
940		-	submitted the notice and ~~this article of this~~ Act to the Texas
941		-	~~Commission on~~ Environmental Quality.
	950	+	submitted the notice and Act to the Texas Commission on
	951	+	Environmental Quality.
942	952		(c) The Texas Commission on Environmental Quality has filed
943		-	its recommendations relating to this ~~article of this~~ Act with the
944		-	~~governor,~~ lieutenant governor, and speaker of the house of
945		-	~~representatives~~ within the required time.
	953	+	its recommendations relating to this Act with the governor,
	954	+	lieutenant governor, and speaker of the house of representatives
	955	+	within the required time.
946	956		(d) All requirements of the constitution and laws of this
947	957		state and the rules and procedures of the legislature with respect
948		-	to the notice, introduction, and passage of this article of this Act
949		-	have been fulfilled and accomplished.
950		-	SECTION 1.04. This article takes effect immediately if this
951		-	Act receives a vote of two-thirds of all the members elected to each
952		-	house, as provided by Section 39, Article III, Texas Constitution.
953		-	If this Act does not receive the vote necessary for immediate
954		-	effect, this article takes effect September 1, 2017.
955		-	ARTICLE 2. SOUTHWESTERN TRAVIS COUNTY GROUNDWATER CONSERVATION
956		-	DISTRICT
957		-	SECTION 2.01. The legislature finds that:
958		-	(1) creation of the Southwestern Travis County
959		-	Groundwater Conservation District:
960		-	(A) is consistent with the state's preferred
961		-	method of groundwater management;
962		-	(B) will protect property rights, balance the
963		-	development and conservation of groundwater with the needs of this
964		-	state, and use the best available science in the area of groundwater
965		-	through rules developed, adopted, and promulgated by the district
966		-	in accordance with the provisions of Chapter 8871, Special District
967		-	Local Laws Code, as added by this article; and
968		-	(C) will be a benefit to the land in the district
969		-	and a public benefit and utility;
970		-	(2) the district is created to:
971		-	(A) protect the interests of private property
972		-	ownership while balancing the interests of all property owners in
973		-	the district;
974		-	(B) manage groundwater resources; and
975		-	(C) protect the groundwater in the district;
976		-	(3) although a property owner of land in the district
977		-	is not entitled to an equal amount of water as another property
978		-	owner of land in the district, a property owner does have a vested
979		-	ownership interest in the groundwater beneath the owner's property,
980		-	and the district shall recognize that ownership interest; and
981		-	(4) the Southwestern Travis County Groundwater
982		-	Conservation District is not created to prohibit or restrict
983		-	development of private property in the district.
984		-	SECTION 2.02. Subtitle H, Title 6, Special District Local
985		-	Laws Code, is amended by adding Chapter 8871 to read as follows:
986		-	CHAPTER 8871. SOUTHWESTERN TRAVIS COUNTY GROUNDWATER CONSERVATION
987		-	DISTRICT
988		-	SUBCHAPTER A. GENERAL PROVISIONS
989		-	Sec. 8871.001. DEFINITIONS. In this chapter:
990		-	(1) "Board" means the district's board of directors.
991		-	(2) "Commission" means the Texas Commission on
992		-	Environmental Quality.
993		-	(3) "Director" means a board member.
994		-	(4) "District" means the Southwestern Travis County
995		-	Groundwater Conservation District.
996		-	Sec. 8871.002. NATURE OF DISTRICT. The district is a
997		-	groundwater conservation district in Travis County created under
998		-	and essential to accomplish the purposes of Section 59, Article
999		-	XVI, Texas Constitution.
1000		-	Sec. 8871.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
1001		-	district is created to serve a public use and benefit.
1002		-	(b) All land and other property included in the district
1003		-	will benefit from the works and projects accomplished by the
1004		-	district under the powers conferred by Section 59, Article XVI,
1005		-	Texas Constitution.
1006		-	Sec. 8871.004. INITIAL DISTRICT TERRITORY. (a) The
1007		-	district is initially composed of the territory described by
1008		-	Section 2.03 of the Act enacting this chapter.
1009		-	(b) The boundaries and field notes contained in Section 2.03
1010		-	of the Act enacting this chapter form a closure. A mistake made in
1011		-	the field notes or in copying the field notes in the legislative
1012		-	process does not affect the district's:
1013		-	(1) organization, existence, or validity;
1014		-	(2) right to issue any type of bond for the purposes
1015		-	for which the district is created or to pay the principal of and
1016		-	interest on a bond; or
1017		-	(3) legality or operation.
1018		-	SUBCHAPTER B. TEMPORARY AND INITIAL DIRECTORS
1019		-	Sec. 8871.021. APPOINTMENT OF TEMPORARY DIRECTORS;
1020		-	VACANCIES; TERMS. (a) Seven persons who reside in the district
1021		-	shall be appointed as temporary directors not later than the 90th
1022		-	day after the effective date of the article of the Act creating this
1023		-	chapter as follows:
1024		-	(1) the county judge of Travis County shall appoint
1025		-	one temporary director;
1026		-	(2) the county commissioner for the county
1027		-	commissioners precinct in which the district is principally located
1028		-	shall appoint two temporary directors;
1029		-	(3) the state representative who represents the house
1030		-	district in which the district is principally located shall appoint
1031		-	two temporary directors; and
1032		-	(4) the state senator who represents the senate
1033		-	district in which the district is principally located shall appoint
1034		-	two temporary directors.
1035		-	(b) If a temporary director fails to qualify for office or a
1036		-	vacancy occurs on the temporary board, the remaining temporary
1037		-	directors shall appoint a person to fill the vacancy. If at any
1038		-	time there are fewer than four temporary directors, the state
1039		-	representative under Subsection (a)(3) shall appoint the necessary
1040		-	number of persons to fill all vacancies on the board.
1041		-	(c) Temporary directors serve until the date initial
1042		-	directors are elected at an election held under Section 8871.024.
1043		-	Sec. 8871.022. ORGANIZATIONAL MEETING. (a) Not later than
1044		-	the 45th day after the date on which the seventh temporary director
1045		-	is appointed under Section 8871.021, the temporary directors shall
1046		-	hold the organizational meeting of the district.
1047		-	(b) The temporary directors shall select from among
1048		-	themselves a president, a vice president, and a secretary.
1049		-	Sec. 8871.023. AUTHORITY OF TEMPORARY DIRECTORS. (a)
1050		-	Except as provided by Subsections (c) and (d) or as otherwise
1051		-	provided by this subchapter, the temporary directors of the
1052		-	district have the same permitting and general management powers as
1053		-	those provided for initial and permanent directors under this
1054		-	chapter and Chapter 36, Water Code.
1055		-	(b) The temporary directors or their designees have the
1056		-	authority to enter any public or private property located in the
1057		-	district to inspect a water well that is not exempt under Section
1058		-	8871.103, as provided by Section 36.123, Water Code.
1059		-	(c) Except as provided by Section 8871.024, the temporary
1060		-	directors do not have the authority granted by the following
1061		-	provisions of Chapter 36, Water Code:
1062		-	(1) Sections 36.017, 36.019, 36.020, and 36.059;
1063		-	(2) Sections 36.105, 36.1071, 36.1072, 36.1073, and
1064		-	36.108;
1065		-	(3) Sections 36.171-36.181;
1066		-	(4) Sections 36.201-36.204; and
1067		-	(5) Subchapters J and K.
1068		-	(d) The temporary directors may regulate the transfer of
1069		-	groundwater out of the district as provided by Section 36.122,
1070		-	Water Code, but may not prohibit the transfer of groundwater out of
1071		-	the district.
1072		-	Sec. 8871.024. CONFIRMATION AND INITIAL DIRECTORS'
1073		-	ELECTION. (a) The temporary directors shall order an election in
1074		-	the district, to be held not later than the uniform election date in
1075		-	May 2018, to confirm the creation of the district and to elect the
1076		-	initial directors.
1077		-	(b) At the election held under this section, the temporary
1078		-	board shall have placed on the ballot the names of the candidates
1079		-	who are eligible under Section 8871.051 for each of the seven
1080		-	positions on the board.
1081		-	(c) Section 41.001(a), Election Code, applies to an
1082		-	election held under this section.
1083		-	(d) Except as provided by this section, an election held
1084		-	under this section must be conducted as provided by the Election
1085		-	Code and Sections 36.017, 36.018, and 36.019, Water Code. The
1086		-	following provisions of the Water Code do not apply to an election
1087		-	under this section:
1088		-	(1) Section 36.017(a);
1089		-	(2) the provision of Section 36.017(d) governing
1090		-	ballot provisions for the election of permanent directors; and
1091		-	(3) Section 36.059(b).
1092		-	(e) If the district's creation is not confirmed at an
1093		-	election held under Subsection (a), the candidate who receives a
1094		-	majority of the votes cast at that election for each of the seven
1095		-	positions on the board becomes a temporary director of the
1096		-	district. The temporary directors elected under this subsection
1097		-	shall order a subsequent election to be held to confirm the creation
1098		-	of the district and to elect the initial directors not earlier than
1099		-	the uniform election date in May 2020.
1100		-	(f) Temporary directors elected under Subsection (e) serve
1101		-	until:
1102		-	(1) the date initial directors are elected at the
1103		-	subsequent election ordered under Subsection (e) if the creation of
1104		-	the district is confirmed; or
1105		-	(2) the fourth anniversary of the date of the election
1106		-	held under Subsection (a) if the creation of the district is not
1107		-	confirmed.
1108		-	(g) The vacancy provision of Section 8871.021, and Section
1109		-	8871.023, apply to the temporary directors elected under
1110		-	Subsection (e).
1111		-	Sec. 8871.025. INITIAL DIRECTORS. (a) Promptly after an
1112		-	election has been held under Section 8871.024 and the votes have
1113		-	been canvassed, if the creation of the district is confirmed, the
1114		-	temporary directors shall:
1115		-	(1) declare for each board position the person who
1116		-	receives the most votes for that position to be elected as the
1117		-	initial director for that position; and
1118		-	(2) include the results of the initial directors'
1119		-	election in the district's election report to the commission.
1120		-	(b) The initial directors shall draw lots to determine which
1121		-	three initial directors serve two-year terms and which four initial
1122		-	directors serve four-year terms.
1123		-	SUBCHAPTER C. BOARD OF DIRECTORS
1124		-	Sec. 8871.051. GOVERNING BODY; TERMS. (a) The district is
1125		-	governed by a board of seven directors.
1126		-	(b) Directors elected after the election held under Section
1127		-	8871.024 serve four-year terms.
1128		-	(c) The directors are elected as follows:
1129		-	(1) one director must reside in the corporate limits
1130		-	of the City of Bee Cave and be elected by voters residing in the City
1131		-	of Bee Cave;
1132		-	(2) one director must reside in the corporate limits
1133		-	of the City of Lakeway or Village of the Hills and be elected by
1134		-	voters residing in the City of Lakeway and Village of the Hills;
1135		-	(3) one director must reside in the corporate limits
1136		-	of the City of West Lake Hills and be elected by voters residing in
1137		-	the City of West Lake Hills; and
1138		-	(4) four directors must:
1139		-	(A) reside inside the district and outside the
1140		-	corporate limits of the City of Bee Cave, City of Lakeway, Village
1141		-	of the Hills, and City of West Lake Hills;
1142		-	(B) be elected by voters residing inside the
1143		-	district and outside the corporate limits of the City of Bee Cave,
1144		-	City of Lakeway, Village of the Hills, and City of West Lake Hills;
1145		-	and
1146		-	(C) each use groundwater as a source of water
1147		-	supply for one or more beneficial uses at their respective
1148		-	residences.
1149		-	SUBCHAPTER D. POWERS AND DUTIES
1150		-	Sec. 8871.101. GROUNDWATER CONSERVATION DISTRICT POWERS
1151		-	AND DUTIES. Except as otherwise provided by this chapter, the
1152		-	district has the powers and duties provided by the general law of
1153		-	this state, including Chapter 36, Water Code, applicable to
1154		-	groundwater conservation districts created under Section 59,
1155		-	Article XVI, Texas Constitution.
1156		-	Sec. 8871.102. AQUIFER STORAGE AND RECOVERY PROJECTS. The
1157		-	district may implement and develop aquifer storage and recovery
1158		-	projects in accordance with:
1159		-	(1) Chapters 27 and 36, Water Code; and
1160		-	(2) commission rules and guidance.
1161		-	Sec. 8871.103. EXEMPT WELLS. (a) Groundwater withdrawals
1162		-	from the following wells may not be regulated, permitted, or
1163		-	metered by the district:
1164		-	(1) a well used for domestic use by a single private
1165		-	residential household and incapable of producing more than 10,000
1166		-	gallons per day; and
1167		-	(2) a well used solely for domestic use or for
1168		-	providing water for livestock or poultry if the well is:
1169		-	(A) located or to be located on a tract of land
1170		-	larger than 10 acres; and
1171		-	(B) drilled, completed, or equipped so that it is
1172		-	incapable of producing more than 25,000 gallons of groundwater a
1173		-	day.
1174		-	(b) The district may not charge or collect a well
1175		-	construction fee for a well described by Subsection (a)(2).
1176		-	(c) A well used for dewatering and monitoring in the
1177		-	production of coal or lignite is exempt from permit requirements,
1178		-	regulations, and fees imposed by the district.
1179		-	Sec. 8871.104. PERMIT REQUIRED. A well owner must obtain a
1180		-	permit and pay any required fees, including a well construction
1181		-	fee, before using any groundwater withdrawn from a well for
1182		-	purposes other than those exempted by Section 8871.103.
1183		-	Sec. 8871.105. ACCESS TO PROPERTY. (a) Subject to
1184		-	Subsection (b), an employee or agent of the district is entitled to
1185		-	enter public or private property in the district at any reasonable
1186		-	time to:
1187		-	(1) inspect an exempt well;
1188		-	(2) inspect and investigate conditions relating to the
1189		-	quality of water in the state; and
1190		-	(3) monitor compliance with any rule, regulation,
1191		-	permit, or other order of the district.
1192		-	(b) An employee or agent of the district must obtain the
1193		-	permission of the property owner before entering public or private
1194		-	property.
1195		-	(c) If any employee or agent of the district is refused the
1196		-	right to enter public or private property in the district under this
1197		-	section, the district may seek a court order from a district court
1198		-	authorizing the district to enter the land.
1199		-	(d) An employee or agent who enters private property under
1200		-	this section shall:
1201		-	(1) observe the property's rules and regulations, if
1202		-	any, concerning safety, internal security, and fire protection;
1203		-	(2) notify management or a person in charge of the
1204		-	presence of the employee or agent; and
1205		-	(3) exhibit proper credentials.
1206		-	Sec. 8871.106. NO EMINENT DOMAIN POWER. The district may
1207		-	not exercise the power of eminent domain.
1208		-	SUBCHAPTER E. FINANCIAL PROVISIONS
1209		-	Sec. 8871.151. WELL CONSTRUCTION FEE. The district may
1210		-	charge and collect a new well construction fee not to exceed $1,000
1211		-	for a new well.
1212		-	Sec. 8871.152. PERMIT RENEWAL APPLICATION FEE. The
1213		-	district may charge and collect a permit renewal application fee
1214		-	not to exceed $400.
1215		-	Sec. 8871.153. SERVICE CONNECTION FEE. (a) This section
1216		-	does not apply to a water utility that has surface water as its sole
1217		-	source of water.
1218		-	(b) The district may levy and collect a water utility
1219		-	service connection fee not to exceed $1,000 for each new water
1220		-	service connection made after September 1, 2017.
1221		-	Sec. 8871.154. PRODUCTION FEE. The district may impose
1222		-	reasonable production fees on each well that is not exempt from
1223		-	permitting under Section 8871.103 based on the amount of water
1224		-	actually withdrawn from the well. The district may not impose a
1225		-	production fee under this section in an amount greater than 20 cents
1226		-	per thousand gallons.
1227		-	Sec. 8871.155. ADMINISTRATIVE MANAGEMENT FEE. The district
1228		-	may set a reasonable fee for administrative management on a per well
1229		-	basis. The district may set a fee for administrative management on
1230		-	a well that is exempt from permitting in an amount not greater than
1231		-	$40 per well, per year.
1232		-	Sec. 8871.156. CERTAIN FEES PROHIBITED. The district may
1233		-	not charge a fee under Section 36.205(b), (c), or (f), Water Code.
1234		-	Sec. 8871.157. LIMITATION ON AUTHORITY TO IMPOSE TAXES.
1235		-	The district does not have the authority granted by Sections 36.020
1236		-	and 36.201-36.204, Water Code, relating to taxes.
1237		-	SECTION 2.03. The Southwestern Travis County Groundwater
1238		-	Conservation District initially includes all the territory
1239		-	contained in the following area:
1240		-	THE TERRITORY OF THE SOUTHWEST TRAVIS COUNTY PORTION OF THE
1241		-	HILL COUNTRY PRIORITY GROUNDWATER MANAGEMENT AREA - AS DESCRIBED BY
1242		-	2010 TCEQ REPORT; "The southwestern Travis territory is located in
1243		-	the southwestern quarter of Travis County. The southwestern Travis
1244		-	territory is bound to the west by Blanco and Burnet counties,
1245		-	southwest by Hays County, and southeast by the northwestern
1246		-	boundary of the Barton Springs/Edwards Aquifer Conservation
1247		-	District (BS/EACD). The northern boundary of the southwestern
1248		-	Travis territory is the Colorado River (Lake Travis, Lake Austin,
1249		-	and Lady Bird Lake)."
1250		-	SECTION 2.04. (a) The legal notice of the intention to
1251		-	introduce this article of this Act, setting forth the general
1252		-	substance of this article of this Act, has been published as
1253		-	provided by law, and the notice and a copy of this article of this
1254		-	Act have been furnished to all persons, agencies, officials, or
1255		-	entities to which they are required to be furnished under Section
1256		-	59, Article XVI, Texas Constitution, and Chapter 313, Government
1257		-	Code.
1258		-	(b) The governor, one of the required recipients, has
1259		-	submitted the notice and this article of this Act to the Texas
1260		-	Commission on Environmental Quality.
1261		-	(c) The Texas Commission on Environmental Quality has filed
1262		-	its recommendations relating to this article of this Act with the
1263		-	governor, the lieutenant governor, and the speaker of the house of
1264		-	representatives within the required time.
1265		-	(d) All requirements of the constitution and laws of this
1266		-	state and the rules and procedures of the legislature with respect
1267		-	to the notice, introduction, and passage of this article of this Act
1268		-	are fulfilled and accomplished.
1269		-	SECTION 2.05. This article takes effect September 1, 2017.
1270		-	______________________________ ______________________________
1271		-	President of the Senate Speaker of the House
1272		-	I certify that H.B. No. 4345 was passed by the House on May
1273		-	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
1274		-	voting; that the House refused to concur in Senate amendments to
1275		-	H.B. No. 4345 on May 26, 2017, and requested the appointment of a
1276		-	conference committee to consider the differences between the two
1277		-	houses; and that the House adopted the conference committee report
1278		-	on H.B. No. 4345 on May 28, 2017, by the following vote: Yeas 133,
1279		-	Nays 13, 1 present, not voting.
1280		-	______________________________
1281		-	Chief Clerk of the House
1282		-	I certify that H.B. No. 4345 was passed by the Senate, with
1283		-	amendments, on May 24, 2017, by the following vote: Yeas 28, Nays
1284		-	3; at the request of the House, the Senate appointed a conference
1285		-	committee to consider the differences between the two houses; and
1286		-	that the Senate adopted the conference committee report on H.B. No.
1287		-	4345 on May 28, 2017, by the following vote: Yeas 28, Nays 3.
1288		-	______________________________
1289		-	Secretary of the Senate
1290		-	APPROVED: __________________
1291		-	Date
1292		-	__________________
1293		-	Governor
	958	+	to the notice, introduction, and passage of this Act have been
	959	+	fulfilled and accomplished.
	960	+	SECTION 4. This Act takes effect immediately if it receives
	961	+	a vote of two-thirds of all the members elected to each house, as
	962	+	provided by Section 39, Article III, Texas Constitution. If this
	963	+	Act does not receive the vote necessary for immediate effect, this
	964	+	Act takes effect September 1, 2017.
	965	+	* * * * *