Texas 2017 - 85th Regular

Texas House Bill HB4348 Latest Draft

Bill / Introduced Version Filed 05/03/2017

                            85R25020 TSR-F
 By: Dukes H.B. No. 4348


 A BILL TO BE ENTITLED
 AN ACT
 relating to the creation of the Vision East Municipal Utility
 District No. 1; providing authority to impose a tax and issue bonds.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subtitle F, Title 6, Special District Local Laws
 Code, is amended by adding Chapter 8016 to read as follows:
 CHAPTER 8016. VISION EAST MUNICIPAL UTILITY
 DISTRICT NO. 1
 SUBCHAPTER A. GENERAL PROVISIONS
 Sec. 8016.001.  DEFINITIONS. In this chapter:
 (1)  "Board" means the district's board of directors.
 (2)  "City" means the City of Austin, Texas.
 (3)  "Commission" means the Texas Commission on
 Environmental Quality.
 (4)  "County" means Travis County.
 (5)  "Director" means a board member.
 (6)  "District" means the Vision East Municipal Utility
 District No. 1.
 Sec. 8016.002.  NATURE OF DISTRICT.  The district is a
 municipal utility district created under Section 59, Article XVI,
 Texas Constitution.
 Sec. 8016.003.  CONFIRMATION ELECTION REQUIRED.  The
 temporary directors shall hold an election to confirm the creation
 of the district.
 Sec. 8016.004.  CONSENT OF CITY REQUIRED; ENFORCEABILITY OF
 CONSENT AGREEMENT. (a)  The temporary directors may not hold an
 election under Section 8016.003 until the city has consented by
 ordinance or resolution to the creation of the district and to the
 inclusion of land in the district.
 (b)  If the city does not consent to the creation of the
 district under this section before September 1, 2019:
 (1)  the district is dissolved September 1, 2019,
 except that:
 (A)  any debts incurred shall be paid;
 (B)  any assets that remain after the payment of
 debts shall be transferred to the city or another local
 governmental entity to be used for a public purpose; and
 (C)  the organization of the district shall be
 maintained until all debts are paid and remaining assets are
 transferred; and
 (2)  this chapter expires September 1, 2019.
 Sec. 8016.005.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
 The district is created to serve a public purpose and benefit.
 (b)  The district is created to accomplish the purposes of:
 (1)  a municipal utility district as provided by
 general law and Section 59, Article XVI, Texas Constitution;
 (2)  Section 52, Article III, Texas Constitution, that
 relate to the construction, acquisition, improvement, operation,
 or maintenance of macadamized, graveled, or paved roads, or
 improvements, including storm drainage, in aid of those roads; and
 (3)  Section 52-a, Article III, Texas Constitution.
 (c)  By creating the district and in authorizing the city,
 the county, and other political subdivisions to contract with the
 district, the legislature has established a program to accomplish
 the public purposes set out in Section 52-a, Article III, Texas
 Constitution.
 Sec. 8016.006.  INITIAL DISTRICT TERRITORY.  (a)  The
 district is initially composed of the territory described by
 Section 2 of the Act enacting this chapter.
 (b)  The boundaries and field notes contained in Section 2 of
 the Act enacting this chapter form a closure.  A mistake made in the
 field notes or in copying the field notes in the legislative process
 does not affect the district's:
 (1)  organization, existence, or validity;
 (2)  right to issue any type of bond for the purposes
 for which the district is created or to pay the principal of and
 interest on a bond;
 (3)  right to impose a tax; or
 (4)  legality or operation.
 Sec. 8016.007.  ELIGIBILITY FOR INCLUSION IN TAX ABATEMENT
 REINVESTMENT ZONE. All or any part of the area of the district is
 eligible to be included in a tax abatement reinvestment zone under
 Chapter 312, Tax Code.
 SUBCHAPTER B. BOARD OF DIRECTORS
 Sec. 8016.051.  GOVERNING BODY; TERMS. (a)  The district is
 governed by a board of five directors who serve staggered terms of
 four years, with two or three directors' terms expiring June 1 of
 each odd-numbered year.
 (b)  A director may not serve more than two full terms of four
 years.
 Sec. 8016.052.  APPOINTMENT OF DIRECTORS. (a) Except as
 provided by Subsection (c), the members of the governing body of the
 city shall appoint the directors.  Four of the five directors must
 be appointed from persons recommended by the board.
 (b)  A person is appointed if a majority of the members of the
 governing body vote to appoint the person.
 (c)  Beginning on January 1, 2047, the members of the
 governing body of the city may appoint all of the directors without
 the recommendation of the board. This subsection applies only to a
 director whose term expires on or after January 1, 2047.
 Sec. 8016.053.  QUALIFICATIONS. A person recommended by the
 board must:
 (1)  reside in the district; or
 (2)  own real property in the district.
 Sec. 8016.054.  TEMPORARY DIRECTORS.  (a)  The temporary
 board consists of:
 (1)  _________________;
 (2)  _________________;
 (3)  _________________;
 (4)  _________________; and
 (5)  _________________.
 (b)  Temporary directors serve until the earlier of:
 (1)  the date permanent directors are appointed under
 Section 8016.052; or
 (2)  September 1, 2021.
 (c)  Section 8016.053 does not apply to this section.
 SUBCHAPTER C.  POWERS AND DUTIES
 Sec. 8016.101.  GENERAL POWERS AND DUTIES.  The district has
 the powers and duties necessary to accomplish the purposes for
 which the district is created.
 Sec. 8016.102.  MUNICIPAL UTILITY DISTRICT POWERS AND
 DUTIES.  The district has the powers and duties provided by the
 general law of this state, including Chapters 49 and 54, Water Code,
 applicable to municipal utility districts created under Section 59,
 Article XVI, Texas Constitution.
 Sec. 8016.103.  AUTHORITY FOR ROAD PROJECTS. Under Section
 52, Article III, Texas Constitution, the district may design,
 acquire, construct, finance, issue bonds for, improve, operate,
 maintain, and convey to this state, a county, or a municipality for
 operation and maintenance macadamized, graveled, or paved roads, or
 improvements, including storm drainage, in aid of those roads.
 Sec. 8016.104.  ROAD STANDARDS AND REQUIREMENTS. (a)  A road
 project must meet all applicable construction standards, zoning and
 subdivision requirements, and regulations of each municipality in
 whose corporate limits or extraterritorial jurisdiction the road
 project is located.
 (b)  If a road project is not located in the corporate limits
 or extraterritorial jurisdiction of a municipality, the road
 project must meet all applicable construction standards,
 subdivision requirements, and regulations of each county in which
 the road project is located.
 (c)  If the state will maintain and operate the road, the
 Texas Transportation Commission must approve the plans and
 specifications of the road project.
 Sec. 8016.105.  COMPLIANCE WITH MUNICIPAL CONSENT
 AGREEMENT, ORDINANCE, OR RESOLUTION.  (a)  The district shall
 comply with all applicable requirements of any ordinance or
 resolution that is adopted under Section 54.016 or 54.0165, Water
 Code, and that consents to the creation of the district or to the
 inclusion of land in the district.
 (b)  Any agreement between the district and the city related
 to the city's consent to the creation of the district is valid and
 enforceable.
 (c)  On the issuance of bonds, the district is considered to
 have acknowledged and consented to the exercise of the city's
 authority as to actions taken by the city under Section 54.016(g),
 Water Code.
 Sec. 8016.106.  CONTRACT TO FURTHER REGIONAL COOPERATION.
 The district and city may contract on terms that the board and
 governing body of the city agree will further regional cooperation
 between the district and city.
 Sec. 8016.107.  ECONOMIC DEVELOPMENT.  (a)  Before
 exercising a power under this section, the district must obtain the
 city's consent.
 (b)  The district may engage in activities that accomplish
 the economic development purposes of the district.
 (c)  The district may establish and provide for the
 administration of one or more programs to promote state or local
 economic development and to stimulate business and commercial
 activity in the district, including programs to:
 (1)  make loans and grants of public money; and
 (2)  provide district personnel and services.
 (d)  The district may create economic development programs
 and exercise the economic development powers that Chapter 380,
 Local Government Code, provides to a municipality.
 Sec. 8016.108.  MASS GRADING AND IMPROVEMENTS TO LAND IN THE
 DISTRICT. The district may construct, acquire, improve, maintain,
 finance, or operate a facility or improvement related to reclaiming
 or grading land in the district.
 Sec. 8016.109.  NO EMINENT DOMAIN POWER. The district may
 not exercise the power of eminent domain.
 SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
 Sec. 8016.151.  DIVISION OF DISTRICT; PREREQUISITES. The
 district may be divided into two or more new districts only if the
 district:
 (1)  has no outstanding bonded debt; and
 (2)  is not imposing ad valorem taxes.
 Sec. 8016.152.  LAW APPLICABLE TO NEW DISTRICT. This
 chapter applies to any new district created by division of the
 district, and a new district has all the powers and duties of the
 district.
 Sec. 8016.153.  LIMITATION ON AREA OF NEW DISTRICT. A new
 district created by the division of the district may not, at the
 time the new district is created, contain any land outside the area
 described by Section 2 of the Act enacting this chapter.
 Sec. 8016.154.  CONSENT OF MUNICIPALITY OR COUNTY.  (a)  If
 the district is located wholly or partly in the corporate limits or
 the extraterritorial jurisdiction of a municipality, the district
 may not divide under this subchapter unless the municipality by
 resolution or ordinance first consents to the division of the
 district.
 (b)  If the district is not located wholly or partly in the
 corporate limits or the extraterritorial jurisdiction of a
 municipality, the district may not divide under this subchapter
 unless the commissioners court of each county in which the district
 is wholly or partly located first adopts a resolution or order in
 support of the division of the district.
 Sec. 8016.155.  DIVISION PROCEDURES. (a) The board, on its
 own motion or on receipt of a petition signed by the owner or owners
 of a majority of the assessed value of the real property in the
 district, may adopt an order dividing the district.
 (b)  The board may adopt an order dividing the district
 before or after the date the board holds an election under Section
 8016.003 to confirm the district's creation.
 (c)  An order dividing the district must:
 (1)  name each new district;
 (2)  include the metes and bounds description of the
 territory of each new district;
 (3)  appoint temporary directors for each new district;
 and
 (4)  provide for the division of assets and liabilities
 between the new districts.
 (d)  On or before the 30th day after the date of adoption of
 an order dividing the district, the district shall file the order
 with the commission and record the order in the real property
 records of each county in which the district is located.
 Sec. 8016.156.  TAX OR BOND ELECTION.  Before a new district
 created by the division of the district may impose a sales and use
 tax or an operation and maintenance tax or issue bonds payable
 wholly or partly from ad valorem taxes, the new district must hold
 an election as required by this chapter.
 SUBCHAPTER E.  GENERAL FINANCIAL PROVISIONS
 Sec. 8016.201.  ELECTIONS REGARDING TAXES OR BONDS. (a) The
 district may issue, without an election, bonds and other
 obligations secured by:
 (1)  revenue other than ad valorem taxes; or
 (2)  contract payments described by Section 8016.203.
 (b)  The district must hold an election in the manner
 provided by Chapters 49 and 54, Water Code, to obtain voter approval
 before the district may impose an ad valorem tax or issue bonds
 payable from ad valorem taxes.
 (c)  The district may not issue bonds payable from ad valorem
 taxes to finance a road project unless the issuance is approved by a
 vote of a two-thirds majority of the district voters voting at an
 election held for that purpose.
 Sec. 8016.202.  OPERATION AND MAINTENANCE TAX.  (a)  If
 authorized at an election held under Section 8016.201, the district
 may impose an operation and maintenance tax on taxable property in
 the district in accordance with Section 49.107, Water Code.
 (b)  The board shall determine the tax rate.  The rate may not
 exceed the rate approved at the election.
 (c)  If required by an agreement between the district and
 city under Section 8016.106, the total ad valorem tax rate of the
 district may not be less than the total ad valorem tax rate of the
 city.
 Sec. 8016.203.  CONTRACT TAXES.  (a)  In accordance with
 Section 49.108, Water Code, the district may impose a tax other than
 an operation and maintenance tax and use the revenue derived from
 the tax to make payments under a contract after the provisions of
 the contract have been approved by a majority of the district voters
 voting at an election held for that purpose.
 (b)  A contract approved by the district voters may contain a
 provision stating that the contract may be modified or amended by
 the board without further voter approval.
 Sec. 8016.204.  APPROVAL BY CITY OF CAPITAL IMPROVEMENTS
 BUDGET.  If the district obtains approval from the city's governing
 body of a capital improvements budget for a period not to exceed 10
 years, the district may finance the capital improvements and issue
 bonds specified in the budget without further approval from the
 city.
 SUBCHAPTER F.  BONDS AND OTHER OBLIGATIONS
 Sec. 8016.251.  AUTHORITY TO ISSUE BONDS AND OTHER
 OBLIGATIONS.  The district may issue bonds or other obligations
 payable wholly or partly from ad valorem taxes, impact fees,
 revenue, sales and use taxes, hotel occupancy taxes, contract
 payments, grants, or other district money, or any combination of
 those sources, to pay for any authorized district purpose, except
 for bonds or other obligations payable wholly or partly from hotel
 occupancy taxes, which may only be used to pay for an authorized use
 of hotel occupancy tax revenue under Chapter 351, Tax Code.
 Sec. 8016.252.  TAXES FOR BONDS. At the time the district
 issues bonds payable wholly or partly from ad valorem taxes, the
 board shall provide for the annual imposition of a continuing
 direct ad valorem tax, without limit as to rate or amount, while all
 or part of the bonds are outstanding as required and in the manner
 provided by Sections 54.601 and 54.602, Water Code.
 Sec. 8016.253.  BONDS FOR ROAD PROJECTS. At the time of
 issuance, the total principal amount of bonds or other obligations
 issued or incurred to finance road projects and payable from ad
 valorem taxes may not exceed one-fourth of the assessed value of the
 real property in the district.
 Sec. 8016.254.  BONDS FOR RECREATIONAL FACILITIES.  The
 limitation on the outstanding principal amount of bonds, notes, and
 other obligations provided by Section 49.4645, Water Code, does not
 apply to the district.
 SUBCHAPTER G. SALES AND USE TAX
 Sec. 8016.301.  APPLICABILITY OF CERTAIN TAX CODE
 PROVISIONS. (a)  Chapter 321, Tax Code, governs the imposition,
 computation, administration, enforcement, and collection of the
 sales and use tax authorized by this subchapter except to the extent
 Chapter 321, Tax Code, is inconsistent with this chapter.
 (b)  A reference in Chapter 321, Tax Code, to a municipality
 or the governing body of a municipality is a reference to the
 district or the board, respectively.
 Sec. 8016.302.  ELECTION; ADOPTION OF TAX. (a) The district
 may adopt a sales and use tax if:
 (1)  the city consents to the adoption of the tax; and
 (2)  the tax is authorized by a majority of the voters
 of the district voting at an election held for that purpose.
 (b)  Subject to city consent under Subsection (a), the board
 by order may call an election to authorize the adoption of the sales
 and use tax. The election may be held on any uniform election date
 and in conjunction with any other district election.
 (c)  The district shall provide notice of the election and
 shall hold the election in the manner prescribed by Section
 8016.201.
 (d)  The ballot shall be printed to provide for voting for or
 against the proposition: "Authorization of a sales and use tax in
 the (insert name of district or name of new district created under
 Subchapter D) at a rate not to exceed ____ percent" (insert rate of
 one or more increments of one-eighth of one percent).
 Sec. 8016.303.  SALES AND USE TAX RATE. (a) Not later than
 the 10th day after the date the results are declared of an election
 held under Section 8016.302, at which the voters approved
 imposition of the tax authorized by this subchapter, the board
 shall determine the initial rate of the tax, which must be in one or
 more increments of one-eighth of one percent.
 (b)  After the election held under Section 8016.302, the
 board may decrease the rate of the tax by one or more increments of
 one-eighth of one percent. The board may not decrease the rate of
 the tax if the decrease would impair the repayment of any
 outstanding debt or obligation payable from the tax.
 (c)  The rate of the tax may not exceed the lesser of:
 (1)  the maximum rate authorized by the district voters
 at the election held under Section 8016.302; or
 (2)  a rate that, when added to the rates of all sales
 and use taxes imposed by other political subdivisions with
 territory in the district, would result in the maximum combined
 rate prescribed by Section 321.101(f), Tax Code, at any location in
 the district.
 (d)  The board shall notify the comptroller of any changes
 made to the tax rate in the same manner the municipal secretary
 provides notice to the comptroller under Section 321.405(b), Tax
 Code.
 Sec. 8016.304.  USE OF REVENUE. Revenue from the sales and
 use tax imposed under this subchapter is for the use and benefit of
 the district and may be used for any district purpose. The district
 may pledge all or part of the revenue to the payment of bonds,
 notes, or other obligations, and that pledge of revenue may be in
 combination with other revenue, including tax revenue, available to
 the district.
 Sec. 8016.305.  ABOLITION OF TAX. (a)  The board may abolish
 the tax imposed under this subchapter without an election.
 (b)  If the board abolishes the tax, the board shall notify
 the comptroller of that action in the same manner the municipal
 secretary provides notice to the comptroller under Section
 321.405(b), Tax Code.
 (c)  If the board abolishes the tax or decreases the tax rate
 to zero, a new election to authorize a sales and use tax must be held
 under Section 8016.302 before the district may subsequently impose
 the tax.
 SUBCHAPTER H. HOTEL OCCUPANCY TAX
 Sec. 8016.351.  DEFINITION. In this subchapter, "hotel" has
 the meaning assigned by Section 156.001, Tax Code.
 Sec. 8016.352.  APPLICABILITY OF CERTAIN TAX CODE
 PROVISIONS.  (a)  In this subchapter:
 (1)  a reference in Subchapter A, Chapter 352, Tax
 Code, to a county is a reference to the district; and
 (2)  a reference in Subchapter A, Chapter 352, Tax
 Code, to the commissioners court is a reference to the board.
 (b)  Except as inconsistent with this subchapter, Subchapter
 A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized
 by this subchapter, including the collection of the tax, subject to
 the limitations prescribed by Sections 352.002(b) and (c), Tax
 Code.
 Sec. 8016.353.  TAX AUTHORIZED; USE OF REVENUE. (a)  The
 district may not impose a hotel occupancy tax unless the city
 consents to the imposition.
 (b)  The district may impose the hotel occupancy tax for:
 (1)  any purpose authorized under Chapter 351, Tax
 Code; or
 (2)  the construction, operation, or maintenance of a
 sports-related facility of the district if the city is authorized
 to impose the tax under Section 351.002, Tax Code, for that purpose
 that:
 (A)  has a notable impact on tourism and hotel
 activity; and
 (B)  is available to the public.
 Sec. 8016.354.  TAX RATE.  The amount of the hotel occupancy
 tax may not exceed seven percent of the price paid for a room in a
 hotel.
 Sec. 8016.355.  INFORMATION.  The district may examine and
 receive information related to the imposition of hotel occupancy
 taxes to the same extent as if the district were a county.
 SUBCHAPTER I. MUNICIPAL ANNEXATION AND DISSOLUTION
 Sec. 8016.401.  APPLICABILITY OF LAW ON ANNEXATION OF
 DISTRICT.  (a)  The district is a "water or sewer district" for the
 purposes of Section 43.071, Local Government Code.
 (b)  Sections 43.0561 and 43.0562, Local Government Code, do
 not apply to the annexation of the district.
 Sec. 8016.402.  APPLICABILITY OF LAW ON WATER-RELATED
 SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE
 MUNICIPALITY.  Section 43.075, Local Government Code, applies to
 the district.
 Sec. 8016.403.  STRATEGIC PARTNERSHIP; CONTINUATION OF
 DISTRICT AFTER ANNEXATION BY MUNICIPALITY.  (a)  The district may
 continue to exist as a limited district after full-purpose
 annexation by a municipality if the district and the annexing
 municipality state the terms of the limited district's existence in
 a strategic partnership agreement under Section 43.0751, Local
 Government Code.
 (b)  The strategic partnership agreement may provide for an
 original or renewed term of any number of years.  The limitation in
 Section 43.0751(g)(2), Local Government Code, on the length of the
 term does not apply to a limited district created under this
 section.
 Sec. 8016.404.  NOTICE OF FUTURE CITY ANNEXATION REQUIRED.
 (a) Not later than the 30th day after the date the city consents to
 the creation of the district and to the inclusion of land in the
 district under Section 8016.004(a), the city shall file, in the
 real property records of the county, a notice to a purchaser of real
 property in the district that describes:
 (1)  the city's authority and intention to annex the
 district; and
 (2)  the anticipated date of the annexation.
 (b)  After the notice is filed, a person who proposes to sell
 or otherwise convey real property in the district must provide a
 copy of the notice to a purchaser of the property before selling or
 conveying the property to the purchaser.
 SECTION 2.  The Vision East Municipal Utility District No. 1
 initially includes all the territory contained in the following
 area:
 Being a 23.92 acre tract or parcel of land, situated in the Oliver
 Buckman Survey, Number 40, Abstract 60, Travis County, Texas, and
 being the remainders of "Tract 1", a called 20.00 acre tract of
 land, "Tract 2", a called 5.00 acre tract of land and "Tract 3", a
 called 20.05 acre tract of land, all as conveyed to Hayes Modular
 Group, Inc., recorded in Document No. 2009120857, Official Public
 Records of Travis County, Texas, save and except that portion
 conveyed to the State of Texas in Document No. 2005052171, Official
 Public Records of Travis County, Texas, also being the remainder of
 that certain called 5.15 acre tract of land conveyed to Hayes
 Trucking Service, Inc., recorded in Document No. 2003226321,
 Official Public Records of Travis County, Texas, save and except
 that portion described in a Possession and Use Agreement for
 Transportation Purposes, recorded in Document No. 2006027200,
 Official Public Records of Travis County, Texas, and being more
 particularly described as follows:
 BEGINNING at a 1/2" iron rod found on the east line of that certain
 tract of land called 402.07 acres, as described in a deed to the
 City of Austin, recorded in Volume 3428, Page 565, Deed Records of
 Travis County, Texas, marking the northwest corner of the said
 Tract 3, also marking the southeast corner of that certain tract of
 land called 269.22 acres, as described in a deed to Ann Bloor
 Schryver, recorded in Volume 8251, Page 216, Deed Records of Travis
 County, Texas, for the northwest corner hereof;
 THENCE, with the north line of the said Tract 3, the south line of
 the said Schryver tract, S 62° 16' 13" E, passing the northwest
 corner of the said Tract 2, for a distance of 619.37 feet to a 1/2"
 iron rod found on the north line of the said Tract 3 and the north
 line of the said Tract 2, being on the west right-of-way of State
 Highway 130, as described in a deed to the State of Texas, recorded
 in Document No. 2005052171, Official Public Records of Travis
 County, Texas, marking the northeast corner of the said remainder
 of Tract 2 and Tract 3, for the northeast corner hereof;
 THENCE, with the west right-of-way of State Highway 130, the east
 line of the remainders of Tract 2 and Tract 3, S 31° 20' 06" W, 646.66
 feet to a 1/2" iron rod found, marking the southeast corner of the
 remainder of Tract 3 and the northeast corner of the remainder of
 Tract 1, for an angle point hereof;
 THENCE, with the west right-of-way of State Highway 130 and the east
 line of the said remainder of Tract 1, S 24° 47' 53" W, 710.79 feet to
 an iron rod found with an aluminum cap marked "TXDOT" on the
 northeast line of the remainder of the said Hayes Trucking tract, on
 the southwest right-of-way of State Highway 130, marking the
 southeast corner of the said Remainder of Tract 1, for an angle
 point hereof;
 THENCE, with the southwest right-of-way of State Highway 130 and
 the northeast line of the remainder of the said Hayes Trucking
 tract, S 15° 27' 52" E, 50.67 feet to a calculated point on the
 southwest line of the said State Highway 130 tract recorded in
 Document No. 2005052171, marking the most northerly corner of that
 certain tract of land called 0.474 of an acre as described in a
 Possession and Use Agreement for Transportation Purposes, recorded
 in Document No. 2006027200, Official Public Records of Travis
 County, Texas, also marking the most easterly southeast corner of
 the remainder of the said Hayes Trucking tract, for an angle point
 hereof;
 THENCE, with the west right-of-way of State Highway 130 and the east
 line of the remainder of the said Hayes Trucking tract, the
 following three (3) calls:
 S 48° 58' 27" W, 147.87 feet to a calculated point for an angle
 point hereof;
 N 89° 08' 20" W, 42.86 feet to an iron rod found with an
 aluminum cap marked "TXDOT" for an angle point hereof;
 S 40° 50' 32" W, 90.78 feet to an iron rod found with an
 aluminum cap marked "TXDOT" on the north right-of-way of Farm to
 Market Highway 973, marking the southwest corner of the said
 Possession and Use Agreement tract, also marking the most southerly
 southeast corner of the remainder of the said Hayes Trucking tract,
 for the southeast corner hereof;
 THENCE, with the north right-of-way of Farm to Market Highway 973
 and the south line of the remainder of the said Hayes Trucking
 tract, N 88° 59' 51" W, 607.68 feet to a 1/2" iron rod found, marking
 the southwest corner of the remainder of the said Hayes Trucking
 tract, also marking the southeast corner of that certain tract of
 land called 77.52 acres, as described in a deed to the City of
 Austin, recorded in Volume 3555, Page 1196, Deed Records of Travis
 County, Texas, for the southwest corner hereof;
 THENCE, with the west line of the remainders of the said Hayes
 Trucking tract, Tract 1 and Tract 3, the following four (4) calls:
 With the east line of the said City of Austin 77.52 acre
 tract, N 29° 02' 43" E, 345.28 feet to a 1/2" iron rod found marking
 the northwest corner of the remainder of the said Hayes Trucking
 tract and the southwest corner of the remainder of the said Tract 1;
 N 29° 04' 04" E, passing the northeast corner of the said City
 of Austin 77.52 acre tract and the southeast corner of the said City
 of Austin 402.07 acre tract, 439.37 feet to a round head bolt found
 on the west line of the said Tract 1 remainder, for an angle point
 hereof;
 With the east line of the said City of Austin 402.07 acre
 tract, N 27° 07' 24" E, 478.47 feet to a 1/2" iron rod found marking
 the northwest corner of the said Tract 1 remainder and the southwest
 corner of the said Tract 3 remainder, for an angle point hereof;
 With the east line of the said City of Austin 402.07 acre
 tract, N 27° 03' 16" E, 648.87 feet to the PLACE OF BEGINNING, and
 containing 23.92 acres of land in all, more or less, based on a map
 or plat prepared by Holt Carson, Inc. on October 4, 2011.
 SECTION 3.  (a) The legal notice of the intention to
 introduce this Act, setting forth the general substance of this
 Act, has been published as provided by law, and the notice and a
 copy of this Act have been furnished to all persons, agencies,
 officials, or entities to which they are required to be furnished
 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
 Government Code.
 (b)  The governor, one of the required recipients, has
 submitted the notice and Act to the Texas Commission on
 Environmental Quality.
 (c)  The Texas Commission on Environmental Quality has filed
 its recommendations relating to this Act with the governor,
 lieutenant governor, and speaker of the house of representatives
 within the required time.
 (d)  All requirements of the constitution and laws of this
 state and the rules and procedures of the legislature with respect
 to the notice, introduction, and passage of this Act have been
 fulfilled and accomplished.
 SECTION 4.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2017.