Texas 2017 - 85th Regular

Texas House Bill HB4348 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R25020 TSR-F
2	2	By: Dukes H.B. No. 4348
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Vision East Municipal Utility
8	8	District No. 1; providing authority to impose a tax and issue bonds.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8016 to read as follows:
12	12	CHAPTER 8016. VISION EAST MUNICIPAL UTILITY
13	13	DISTRICT NO. 1
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8016.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Austin, Texas.
18	18	(3) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(4) "County" means Travis County.
21	21	(5) "Director" means a board member.
22	22	(6) "District" means the Vision East Municipal Utility
23	23	District No. 1.
24	24	Sec. 8016.002. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 8016.003. CONFIRMATION ELECTION REQUIRED. The
28	28	temporary directors shall hold an election to confirm the creation
29	29	of the district.
30	30	Sec. 8016.004. CONSENT OF CITY REQUIRED; ENFORCEABILITY OF
31	31	CONSENT AGREEMENT. (a) The temporary directors may not hold an
32	32	election under Section 8016.003 until the city has consented by
33	33	ordinance or resolution to the creation of the district and to the
34	34	inclusion of land in the district.
35	35	(b) If the city does not consent to the creation of the
36	36	district under this section before September 1, 2019:
37	37	(1) the district is dissolved September 1, 2019,
38	38	except that:
39	39	(A) any debts incurred shall be paid;
40	40	(B) any assets that remain after the payment of
41	41	debts shall be transferred to the city or another local
42	42	governmental entity to be used for a public purpose; and
43	43	(C) the organization of the district shall be
44	44	maintained until all debts are paid and remaining assets are
45	45	transferred; and
46	46	(2) this chapter expires September 1, 2019.
47	47	Sec. 8016.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
48	48	The district is created to serve a public purpose and benefit.
49	49	(b) The district is created to accomplish the purposes of:
50	50	(1) a municipal utility district as provided by
51	51	general law and Section 59, Article XVI, Texas Constitution;
52	52	(2) Section 52, Article III, Texas Constitution, that
53	53	relate to the construction, acquisition, improvement, operation,
54	54	or maintenance of macadamized, graveled, or paved roads, or
55	55	improvements, including storm drainage, in aid of those roads; and
56	56	(3) Section 52-a, Article III, Texas Constitution.
57	57	(c) By creating the district and in authorizing the city,
58	58	the county, and other political subdivisions to contract with the
59	59	district, the legislature has established a program to accomplish
60	60	the public purposes set out in Section 52-a, Article III, Texas
61	61	Constitution.
62	62	Sec. 8016.006. INITIAL DISTRICT TERRITORY. (a) The
63	63	district is initially composed of the territory described by
64	64	Section 2 of the Act enacting this chapter.
65	65	(b) The boundaries and field notes contained in Section 2 of
66	66	the Act enacting this chapter form a closure. A mistake made in the
67	67	field notes or in copying the field notes in the legislative process
68	68	does not affect the district's:
69	69	(1) organization, existence, or validity;
70	70	(2) right to issue any type of bond for the purposes
71	71	for which the district is created or to pay the principal of and
72	72	interest on a bond;
73	73	(3) right to impose a tax; or
74	74	(4) legality or operation.
75	75	Sec. 8016.007. ELIGIBILITY FOR INCLUSION IN TAX ABATEMENT
76	76	REINVESTMENT ZONE. All or any part of the area of the district is
77	77	eligible to be included in a tax abatement reinvestment zone under
78	78	Chapter 312, Tax Code.
79	79	SUBCHAPTER B. BOARD OF DIRECTORS
80	80	Sec. 8016.051. GOVERNING BODY; TERMS. (a) The district is
81	81	governed by a board of five directors who serve staggered terms of
82	82	four years, with two or three directors' terms expiring June 1 of
83	83	each odd-numbered year.
84	84	(b) A director may not serve more than two full terms of four
85	85	years.
86	86	Sec. 8016.052. APPOINTMENT OF DIRECTORS. (a) Except as
87	87	provided by Subsection (c), the members of the governing body of the
88	88	city shall appoint the directors. Four of the five directors must
89	89	be appointed from persons recommended by the board.
90	90	(b) A person is appointed if a majority of the members of the
91	91	governing body vote to appoint the person.
92	92	(c) Beginning on January 1, 2047, the members of the
93	93	governing body of the city may appoint all of the directors without
94	94	the recommendation of the board. This subsection applies only to a
95	95	director whose term expires on or after January 1, 2047.
96	96	Sec. 8016.053. QUALIFICATIONS. A person recommended by the
97	97	board must:
98	98	(1) reside in the district; or
99	99	(2) own real property in the district.
100	100	Sec. 8016.054. TEMPORARY DIRECTORS. (a) The temporary
101	101	board consists of:
102	102	(1) _________________;
103	103	(2) _________________;
104	104	(3) _________________;
105	105	(4) _________________; and
106	106	(5) _________________.
107	107	(b) Temporary directors serve until the earlier of:
108	108	(1) the date permanent directors are appointed under
109	109	Section 8016.052; or
110	110	(2) September 1, 2021.
111	111	(c) Section 8016.053 does not apply to this section.
112	112	SUBCHAPTER C. POWERS AND DUTIES
113	113	Sec. 8016.101. GENERAL POWERS AND DUTIES. The district has
114	114	the powers and duties necessary to accomplish the purposes for
115	115	which the district is created.
116	116	Sec. 8016.102. MUNICIPAL UTILITY DISTRICT POWERS AND
117	117	DUTIES. The district has the powers and duties provided by the
118	118	general law of this state, including Chapters 49 and 54, Water Code,
119	119	applicable to municipal utility districts created under Section 59,
120	120	Article XVI, Texas Constitution.
121	121	Sec. 8016.103. AUTHORITY FOR ROAD PROJECTS. Under Section
122	122	52, Article III, Texas Constitution, the district may design,
123	123	acquire, construct, finance, issue bonds for, improve, operate,
124	124	maintain, and convey to this state, a county, or a municipality for
125	125	operation and maintenance macadamized, graveled, or paved roads, or
126	126	improvements, including storm drainage, in aid of those roads.
127	127	Sec. 8016.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
128	128	project must meet all applicable construction standards, zoning and
129	129	subdivision requirements, and regulations of each municipality in
130	130	whose corporate limits or extraterritorial jurisdiction the road
131	131	project is located.
132	132	(b) If a road project is not located in the corporate limits
133	133	or extraterritorial jurisdiction of a municipality, the road
134	134	project must meet all applicable construction standards,
135	135	subdivision requirements, and regulations of each county in which
136	136	the road project is located.
137	137	(c) If the state will maintain and operate the road, the
138	138	Texas Transportation Commission must approve the plans and
139	139	specifications of the road project.
140	140	Sec. 8016.105. COMPLIANCE WITH MUNICIPAL CONSENT
141	141	AGREEMENT, ORDINANCE, OR RESOLUTION. (a) The district shall
142	142	comply with all applicable requirements of any ordinance or
143	143	resolution that is adopted under Section 54.016 or 54.0165, Water
144	144	Code, and that consents to the creation of the district or to the
145	145	inclusion of land in the district.
146	146	(b) Any agreement between the district and the city related
147	147	to the city's consent to the creation of the district is valid and
148	148	enforceable.
149	149	(c) On the issuance of bonds, the district is considered to
150	150	have acknowledged and consented to the exercise of the city's
151	151	authority as to actions taken by the city under Section 54.016(g),
152	152	Water Code.
153	153	Sec. 8016.106. CONTRACT TO FURTHER REGIONAL COOPERATION.
154	154	The district and city may contract on terms that the board and
155	155	governing body of the city agree will further regional cooperation
156	156	between the district and city.
157	157	Sec. 8016.107. ECONOMIC DEVELOPMENT. (a) Before
158	158	exercising a power under this section, the district must obtain the
159	159	city's consent.
160	160	(b) The district may engage in activities that accomplish
161	161	the economic development purposes of the district.
162	162	(c) The district may establish and provide for the
163	163	administration of one or more programs to promote state or local
164	164	economic development and to stimulate business and commercial
165	165	activity in the district, including programs to:
166	166	(1) make loans and grants of public money; and
167	167	(2) provide district personnel and services.
168	168	(d) The district may create economic development programs
169	169	and exercise the economic development powers that Chapter 380,
170	170	Local Government Code, provides to a municipality.
171	171	Sec. 8016.108. MASS GRADING AND IMPROVEMENTS TO LAND IN THE
172	172	DISTRICT. The district may construct, acquire, improve, maintain,
173	173	finance, or operate a facility or improvement related to reclaiming
174	174	or grading land in the district.
175	175	Sec. 8016.109. NO EMINENT DOMAIN POWER. The district may
176	176	not exercise the power of eminent domain.
177	177	SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
178	178	Sec. 8016.151. DIVISION OF DISTRICT; PREREQUISITES. The
179	179	district may be divided into two or more new districts only if the
180	180	district:
181	181	(1) has no outstanding bonded debt; and
182	182	(2) is not imposing ad valorem taxes.
183	183	Sec. 8016.152. LAW APPLICABLE TO NEW DISTRICT. This
184	184	chapter applies to any new district created by division of the
185	185	district, and a new district has all the powers and duties of the
186	186	district.
187	187	Sec. 8016.153. LIMITATION ON AREA OF NEW DISTRICT. A new
188	188	district created by the division of the district may not, at the
189	189	time the new district is created, contain any land outside the area
190	190	described by Section 2 of the Act enacting this chapter.
191	191	Sec. 8016.154. CONSENT OF MUNICIPALITY OR COUNTY. (a) If
192	192	the district is located wholly or partly in the corporate limits or
193	193	the extraterritorial jurisdiction of a municipality, the district
194	194	may not divide under this subchapter unless the municipality by
195	195	resolution or ordinance first consents to the division of the
196	196	district.
197	197	(b) If the district is not located wholly or partly in the
198	198	corporate limits or the extraterritorial jurisdiction of a
199	199	municipality, the district may not divide under this subchapter
200	200	unless the commissioners court of each county in which the district
201	201	is wholly or partly located first adopts a resolution or order in
202	202	support of the division of the district.
203	203	Sec. 8016.155. DIVISION PROCEDURES. (a) The board, on its
204	204	own motion or on receipt of a petition signed by the owner or owners
205	205	of a majority of the assessed value of the real property in the
206	206	district, may adopt an order dividing the district.
207	207	(b) The board may adopt an order dividing the district
208	208	before or after the date the board holds an election under Section
209	209	8016.003 to confirm the district's creation.
210	210	(c) An order dividing the district must:
211	211	(1) name each new district;
212	212	(2) include the metes and bounds description of the
213	213	territory of each new district;
214	214	(3) appoint temporary directors for each new district;
215	215	and
216	216	(4) provide for the division of assets and liabilities
217	217	between the new districts.
218	218	(d) On or before the 30th day after the date of adoption of
219	219	an order dividing the district, the district shall file the order
220	220	with the commission and record the order in the real property
221	221	records of each county in which the district is located.
222	222	Sec. 8016.156. TAX OR BOND ELECTION. Before a new district
223	223	created by the division of the district may impose a sales and use
224	224	tax or an operation and maintenance tax or issue bonds payable
225	225	wholly or partly from ad valorem taxes, the new district must hold
226	226	an election as required by this chapter.
227	227	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
228	228	Sec. 8016.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The
229	229	district may issue, without an election, bonds and other
230	230	obligations secured by:
231	231	(1) revenue other than ad valorem taxes; or
232	232	(2) contract payments described by Section 8016.203.
233	233	(b) The district must hold an election in the manner
234	234	provided by Chapters 49 and 54, Water Code, to obtain voter approval
235	235	before the district may impose an ad valorem tax or issue bonds
236	236	payable from ad valorem taxes.
237	237	(c) The district may not issue bonds payable from ad valorem
238	238	taxes to finance a road project unless the issuance is approved by a
239	239	vote of a two-thirds majority of the district voters voting at an
240	240	election held for that purpose.
241	241	Sec. 8016.202. OPERATION AND MAINTENANCE TAX. (a) If
242	242	authorized at an election held under Section 8016.201, the district
243	243	may impose an operation and maintenance tax on taxable property in
244	244	the district in accordance with Section 49.107, Water Code.
245	245	(b) The board shall determine the tax rate. The rate may not
246	246	exceed the rate approved at the election.
247	247	(c) If required by an agreement between the district and
248	248	city under Section 8016.106, the total ad valorem tax rate of the
249	249	district may not be less than the total ad valorem tax rate of the
250	250	city.
251	251	Sec. 8016.203. CONTRACT TAXES. (a) In accordance with
252	252	Section 49.108, Water Code, the district may impose a tax other than
253	253	an operation and maintenance tax and use the revenue derived from
254	254	the tax to make payments under a contract after the provisions of
255	255	the contract have been approved by a majority of the district voters
256	256	voting at an election held for that purpose.
257	257	(b) A contract approved by the district voters may contain a
258	258	provision stating that the contract may be modified or amended by
259	259	the board without further voter approval.
260	260	Sec. 8016.204. APPROVAL BY CITY OF CAPITAL IMPROVEMENTS
261	261	BUDGET. If the district obtains approval from the city's governing
262	262	body of a capital improvements budget for a period not to exceed 10
263	263	years, the district may finance the capital improvements and issue
264	264	bonds specified in the budget without further approval from the
265	265	city.
266	266	SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
267	267	Sec. 8016.251. AUTHORITY TO ISSUE BONDS AND OTHER
268	268	OBLIGATIONS. The district may issue bonds or other obligations
269	269	payable wholly or partly from ad valorem taxes, impact fees,
270	270	revenue, sales and use taxes, hotel occupancy taxes, contract
271	271	payments, grants, or other district money, or any combination of
272	272	those sources, to pay for any authorized district purpose, except
273	273	for bonds or other obligations payable wholly or partly from hotel
274	274	occupancy taxes, which may only be used to pay for an authorized use
275	275	of hotel occupancy tax revenue under Chapter 351, Tax Code.
276	276	Sec. 8016.252. TAXES FOR BONDS. At the time the district
277	277	issues bonds payable wholly or partly from ad valorem taxes, the
278	278	board shall provide for the annual imposition of a continuing
279	279	direct ad valorem tax, without limit as to rate or amount, while all
280	280	or part of the bonds are outstanding as required and in the manner
281	281	provided by Sections 54.601 and 54.602, Water Code.
282	282	Sec. 8016.253. BONDS FOR ROAD PROJECTS. At the time of
283	283	issuance, the total principal amount of bonds or other obligations
284	284	issued or incurred to finance road projects and payable from ad
285	285	valorem taxes may not exceed one-fourth of the assessed value of the
286	286	real property in the district.
287	287	Sec. 8016.254. BONDS FOR RECREATIONAL FACILITIES. The
288	288	limitation on the outstanding principal amount of bonds, notes, and
289	289	other obligations provided by Section 49.4645, Water Code, does not
290	290	apply to the district.
291	291	SUBCHAPTER G. SALES AND USE TAX
292	292	Sec. 8016.301. APPLICABILITY OF CERTAIN TAX CODE
293	293	PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
294	294	computation, administration, enforcement, and collection of the
295	295	sales and use tax authorized by this subchapter except to the extent
296	296	Chapter 321, Tax Code, is inconsistent with this chapter.
297	297	(b) A reference in Chapter 321, Tax Code, to a municipality
298	298	or the governing body of a municipality is a reference to the
299	299	district or the board, respectively.
300	300	Sec. 8016.302. ELECTION; ADOPTION OF TAX. (a) The district
301	301	may adopt a sales and use tax if:
302	302	(1) the city consents to the adoption of the tax; and
303	303	(2) the tax is authorized by a majority of the voters
304	304	of the district voting at an election held for that purpose.
305	305	(b) Subject to city consent under Subsection (a), the board
306	306	by order may call an election to authorize the adoption of the sales
307	307	and use tax. The election may be held on any uniform election date
308	308	and in conjunction with any other district election.
309	309	(c) The district shall provide notice of the election and
310	310	shall hold the election in the manner prescribed by Section
311	311	8016.201.
312	312	(d) The ballot shall be printed to provide for voting for or
313	313	against the proposition: "Authorization of a sales and use tax in
314	314	the (insert name of district or name of new district created under
315	315	Subchapter D) at a rate not to exceed ____ percent" (insert rate of
316	316	one or more increments of one-eighth of one percent).
317	317	Sec. 8016.303. SALES AND USE TAX RATE. (a) Not later than
318	318	the 10th day after the date the results are declared of an election
319	319	held under Section 8016.302, at which the voters approved
320	320	imposition of the tax authorized by this subchapter, the board
321	321	shall determine the initial rate of the tax, which must be in one or
322	322	more increments of one-eighth of one percent.
323	323	(b) After the election held under Section 8016.302, the
324	324	board may decrease the rate of the tax by one or more increments of
325	325	one-eighth of one percent. The board may not decrease the rate of
326	326	the tax if the decrease would impair the repayment of any
327	327	outstanding debt or obligation payable from the tax.
328	328	(c) The rate of the tax may not exceed the lesser of:
329	329	(1) the maximum rate authorized by the district voters
330	330	at the election held under Section 8016.302; or
331	331	(2) a rate that, when added to the rates of all sales
332	332	and use taxes imposed by other political subdivisions with
333	333	territory in the district, would result in the maximum combined
334	334	rate prescribed by Section 321.101(f), Tax Code, at any location in
335	335	the district.
336	336	(d) The board shall notify the comptroller of any changes
337	337	made to the tax rate in the same manner the municipal secretary
338	338	provides notice to the comptroller under Section 321.405(b), Tax
339	339	Code.
340	340	Sec. 8016.304. USE OF REVENUE. Revenue from the sales and
341	341	use tax imposed under this subchapter is for the use and benefit of
342	342	the district and may be used for any district purpose. The district
343	343	may pledge all or part of the revenue to the payment of bonds,
344	344	notes, or other obligations, and that pledge of revenue may be in
345	345	combination with other revenue, including tax revenue, available to
346	346	the district.
347	347	Sec. 8016.305. ABOLITION OF TAX. (a) The board may abolish
348	348	the tax imposed under this subchapter without an election.
349	349	(b) If the board abolishes the tax, the board shall notify
350	350	the comptroller of that action in the same manner the municipal
351	351	secretary provides notice to the comptroller under Section
352	352	321.405(b), Tax Code.
353	353	(c) If the board abolishes the tax or decreases the tax rate
354	354	to zero, a new election to authorize a sales and use tax must be held
355	355	under Section 8016.302 before the district may subsequently impose
356	356	the tax.
357	357	SUBCHAPTER H. HOTEL OCCUPANCY TAX
358	358	Sec. 8016.351. DEFINITION. In this subchapter, "hotel" has
359	359	the meaning assigned by Section 156.001, Tax Code.
360	360	Sec. 8016.352. APPLICABILITY OF CERTAIN TAX CODE
361	361	PROVISIONS. (a) In this subchapter:
362	362	(1) a reference in Subchapter A, Chapter 352, Tax
363	363	Code, to a county is a reference to the district; and
364	364	(2) a reference in Subchapter A, Chapter 352, Tax
365	365	Code, to the commissioners court is a reference to the board.
366	366	(b) Except as inconsistent with this subchapter, Subchapter
367	367	A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized
368	368	by this subchapter, including the collection of the tax, subject to
369	369	the limitations prescribed by Sections 352.002(b) and (c), Tax
370	370	Code.
371	371	Sec. 8016.353. TAX AUTHORIZED; USE OF REVENUE. (a) The
372	372	district may not impose a hotel occupancy tax unless the city
373	373	consents to the imposition.
374	374	(b) The district may impose the hotel occupancy tax for:
375	375	(1) any purpose authorized under Chapter 351, Tax
376	376	Code; or
377	377	(2) the construction, operation, or maintenance of a
378	378	sports-related facility of the district if the city is authorized
379	379	to impose the tax under Section 351.002, Tax Code, for that purpose
380	380	that:
381	381	(A) has a notable impact on tourism and hotel
382	382	activity; and
383	383	(B) is available to the public.
384	384	Sec. 8016.354. TAX RATE. The amount of the hotel occupancy
385	385	tax may not exceed seven percent of the price paid for a room in a
386	386	hotel.
387	387	Sec. 8016.355. INFORMATION. The district may examine and
388	388	receive information related to the imposition of hotel occupancy
389	389	taxes to the same extent as if the district were a county.
390	390	SUBCHAPTER I. MUNICIPAL ANNEXATION AND DISSOLUTION
391	391	Sec. 8016.401. APPLICABILITY OF LAW ON ANNEXATION OF
392	392	DISTRICT. (a) The district is a "water or sewer district" for the
393	393	purposes of Section 43.071, Local Government Code.
394	394	(b) Sections 43.0561 and 43.0562, Local Government Code, do
395	395	not apply to the annexation of the district.
396	396	Sec. 8016.402. APPLICABILITY OF LAW ON WATER-RELATED
397	397	SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE
398	398	MUNICIPALITY. Section 43.075, Local Government Code, applies to
399	399	the district.
400	400	Sec. 8016.403. STRATEGIC PARTNERSHIP; CONTINUATION OF
401	401	DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may
402	402	continue to exist as a limited district after full-purpose
403	403	annexation by a municipality if the district and the annexing
404	404	municipality state the terms of the limited district's existence in
405	405	a strategic partnership agreement under Section 43.0751, Local
406	406	Government Code.
407	407	(b) The strategic partnership agreement may provide for an
408	408	original or renewed term of any number of years. The limitation in
409	409	Section 43.0751(g)(2), Local Government Code, on the length of the
410	410	term does not apply to a limited district created under this
411	411	section.
412	412	Sec. 8016.404. NOTICE OF FUTURE CITY ANNEXATION REQUIRED.
413	413	(a) Not later than the 30th day after the date the city consents to
414	414	the creation of the district and to the inclusion of land in the
415	415	district under Section 8016.004(a), the city shall file, in the
416	416	real property records of the county, a notice to a purchaser of real
417	417	property in the district that describes:
418	418	(1) the city's authority and intention to annex the
419	419	district; and
420	420	(2) the anticipated date of the annexation.
421	421	(b) After the notice is filed, a person who proposes to sell
422	422	or otherwise convey real property in the district must provide a
423	423	copy of the notice to a purchaser of the property before selling or
424	424	conveying the property to the purchaser.
425	425	SECTION 2. The Vision East Municipal Utility District No. 1
426	426	initially includes all the territory contained in the following
427	427	area:
428	428	Being a 23.92 acre tract or parcel of land, situated in the Oliver
429	429	Buckman Survey, Number 40, Abstract 60, Travis County, Texas, and
430	430	being the remainders of "Tract 1", a called 20.00 acre tract of
431	431	land, "Tract 2", a called 5.00 acre tract of land and "Tract 3", a
432	432	called 20.05 acre tract of land, all as conveyed to Hayes Modular
433	433	Group, Inc., recorded in Document No. 2009120857, Official Public
434	434	Records of Travis County, Texas, save and except that portion
435	435	conveyed to the State of Texas in Document No. 2005052171, Official
436	436	Public Records of Travis County, Texas, also being the remainder of
437	437	that certain called 5.15 acre tract of land conveyed to Hayes
438	438	Trucking Service, Inc., recorded in Document No. 2003226321,
439	439	Official Public Records of Travis County, Texas, save and except
440	440	that portion described in a Possession and Use Agreement for
441	441	Transportation Purposes, recorded in Document No. 2006027200,
442	442	Official Public Records of Travis County, Texas, and being more
443	443	particularly described as follows:
444	444	BEGINNING at a 1/2" iron rod found on the east line of that certain
445	445	tract of land called 402.07 acres, as described in a deed to the
446	446	City of Austin, recorded in Volume 3428, Page 565, Deed Records of
447	447	Travis County, Texas, marking the northwest corner of the said
448	448	Tract 3, also marking the southeast corner of that certain tract of
449	449	land called 269.22 acres, as described in a deed to Ann Bloor
450	450	Schryver, recorded in Volume 8251, Page 216, Deed Records of Travis
451	451	County, Texas, for the northwest corner hereof;
452	452	THENCE, with the north line of the said Tract 3, the south line of
453	453	the said Schryver tract, S 62° 16' 13" E, passing the northwest
454	454	corner of the said Tract 2, for a distance of 619.37 feet to a 1/2"
455	455	iron rod found on the north line of the said Tract 3 and the north
456	456	line of the said Tract 2, being on the west right-of-way of State
457	457	Highway 130, as described in a deed to the State of Texas, recorded
458	458	in Document No. 2005052171, Official Public Records of Travis
459	459	County, Texas, marking the northeast corner of the said remainder
460	460	of Tract 2 and Tract 3, for the northeast corner hereof;
461	461	THENCE, with the west right-of-way of State Highway 130, the east
462	462	line of the remainders of Tract 2 and Tract 3, S 31° 20' 06" W, 646.66
463	463	feet to a 1/2" iron rod found, marking the southeast corner of the
464	464	remainder of Tract 3 and the northeast corner of the remainder of
465	465	Tract 1, for an angle point hereof;
466	466	THENCE, with the west right-of-way of State Highway 130 and the east
467	467	line of the said remainder of Tract 1, S 24° 47' 53" W, 710.79 feet to
468	468	an iron rod found with an aluminum cap marked "TXDOT" on the
469	469	northeast line of the remainder of the said Hayes Trucking tract, on
470	470	the southwest right-of-way of State Highway 130, marking the
471	471	southeast corner of the said Remainder of Tract 1, for an angle
472	472	point hereof;
473	473	THENCE, with the southwest right-of-way of State Highway 130 and
474	474	the northeast line of the remainder of the said Hayes Trucking
475	475	tract, S 15° 27' 52" E, 50.67 feet to a calculated point on the
476	476	southwest line of the said State Highway 130 tract recorded in
477	477	Document No. 2005052171, marking the most northerly corner of that
478	478	certain tract of land called 0.474 of an acre as described in a
479	479	Possession and Use Agreement for Transportation Purposes, recorded
480	480	in Document No. 2006027200, Official Public Records of Travis
481	481	County, Texas, also marking the most easterly southeast corner of
482	482	the remainder of the said Hayes Trucking tract, for an angle point
483	483	hereof;
484	484	THENCE, with the west right-of-way of State Highway 130 and the east
485	485	line of the remainder of the said Hayes Trucking tract, the
486	486	following three (3) calls:
487	487	S 48° 58' 27" W, 147.87 feet to a calculated point for an angle
488	488	point hereof;
489	489	N 89° 08' 20" W, 42.86 feet to an iron rod found with an
490	490	aluminum cap marked "TXDOT" for an angle point hereof;
491	491	S 40° 50' 32" W, 90.78 feet to an iron rod found with an
492	492	aluminum cap marked "TXDOT" on the north right-of-way of Farm to
493	493	Market Highway 973, marking the southwest corner of the said
494	494	Possession and Use Agreement tract, also marking the most southerly
495	495	southeast corner of the remainder of the said Hayes Trucking tract,
496	496	for the southeast corner hereof;
497	497	THENCE, with the north right-of-way of Farm to Market Highway 973
498	498	and the south line of the remainder of the said Hayes Trucking
499	499	tract, N 88° 59' 51" W, 607.68 feet to a 1/2" iron rod found, marking
500	500	the southwest corner of the remainder of the said Hayes Trucking
501	501	tract, also marking the southeast corner of that certain tract of
502	502	land called 77.52 acres, as described in a deed to the City of
503	503	Austin, recorded in Volume 3555, Page 1196, Deed Records of Travis
504	504	County, Texas, for the southwest corner hereof;
505	505	THENCE, with the west line of the remainders of the said Hayes
506	506	Trucking tract, Tract 1 and Tract 3, the following four (4) calls:
507	507	With the east line of the said City of Austin 77.52 acre
508	508	tract, N 29° 02' 43" E, 345.28 feet to a 1/2" iron rod found marking
509	509	the northwest corner of the remainder of the said Hayes Trucking
510	510	tract and the southwest corner of the remainder of the said Tract 1;
511	511	N 29° 04' 04" E, passing the northeast corner of the said City
512	512	of Austin 77.52 acre tract and the southeast corner of the said City
513	513	of Austin 402.07 acre tract, 439.37 feet to a round head bolt found
514	514	on the west line of the said Tract 1 remainder, for an angle point
515	515	hereof;
516	516	With the east line of the said City of Austin 402.07 acre
517	517	tract, N 27° 07' 24" E, 478.47 feet to a 1/2" iron rod found marking
518	518	the northwest corner of the said Tract 1 remainder and the southwest
519	519	corner of the said Tract 3 remainder, for an angle point hereof;
520	520	With the east line of the said City of Austin 402.07 acre
521	521	tract, N 27° 03' 16" E, 648.87 feet to the PLACE OF BEGINNING, and
522	522	containing 23.92 acres of land in all, more or less, based on a map
523	523	or plat prepared by Holt Carson, Inc. on October 4, 2011.
524	524	SECTION 3. (a) The legal notice of the intention to
525	525	introduce this Act, setting forth the general substance of this
526	526	Act, has been published as provided by law, and the notice and a
527	527	copy of this Act have been furnished to all persons, agencies,
528	528	officials, or entities to which they are required to be furnished
529	529	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
530	530	Government Code.
531	531	(b) The governor, one of the required recipients, has
532	532	submitted the notice and Act to the Texas Commission on
533	533	Environmental Quality.
534	534	(c) The Texas Commission on Environmental Quality has filed
535	535	its recommendations relating to this Act with the governor,
536	536	lieutenant governor, and speaker of the house of representatives
537	537	within the required time.
538	538	(d) All requirements of the constitution and laws of this
539	539	state and the rules and procedures of the legislature with respect
540	540	to the notice, introduction, and passage of this Act have been
541	541	fulfilled and accomplished.
542	542	SECTION 4. This Act takes effect immediately if it receives
543	543	a vote of two-thirds of all the members elected to each house, as
544	544	provided by Section 39, Article III, Texas Constitution. If this
545	545	Act does not receive the vote necessary for immediate effect, this
546	546	Act takes effect September 1, 2017.