By Saunders                                           H.B. No. 3193
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation, administration, powers, duties,
    1-3  operation, and financing of the Southwest Travis County Water
    1-4  District.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6                    ARTICLE 1.  GENERAL PROVISIONS
    1-7        SECTION 1.01.  CREATION.  (a)  A conservation and reclamation
    1-8  district, to be known as the Southwest Travis County Water
    1-9  District, is created in Travis County.  A confirmation election is
   1-10  not necessary.  The district is a governmental agency and a body
   1-11  politic and corporate.
   1-12        (b)  The district is created under and is essential to
   1-13  accomplish the purposes of Section 59, Article XVI, Texas
   1-14  Constitution.
   1-15        SECTION 1.02.  DEFINITIONS.  In this Act:
   1-16              (1)  "Board" means the board of directors of the
   1-17  district.
   1-18              (2)  "Commission" means the Texas Natural Resource
   1-19  Conservation Commission.
   1-20              (3)  "Director" means a member of the board.
   1-21              (4)  "Disposal system" means any system for disposing
   1-22  of waste, including a sewer system, drainage system, or treatment
   1-23  facility.
   1-24              (5)  "District" means the Southwest Travis County Water
    2-1  District.
    2-2              (6)  "Local government" means a municipality, county,
    2-3  river authority, or water district or authority acting under
    2-4  Section 52, Article III, or Section 59, Article XVI, Texas
    2-5  Constitution.
    2-6              (7)  "Person" has the meaning assigned by Section
    2-7  311.005, Government Code.
    2-8              (8)  "Pollution" has the meaning assigned by Section
    2-9  26.001, Water Code.
   2-10              (9)  "System" means a network of pipelines, conduits,
   2-11  canals, pumping stations, force mains, and all other constructions,
   2-12  devices, and related appliances used to transport water or waste.
   2-13              (10)  "Treatment facility" means a plant, disposal
   2-14  field, lagoon, incinerator, sanitary landfill, or other facility
   2-15  installed for the purpose of treating, neutralizing, or stabilizing
   2-16  waste.
   2-17              (11)  "Waste" means waterborne liquid, gaseous, or
   2-18  solid substances that result from a discharge from a treatment
   2-19  facility or disposal system.
   2-20              (12)  "Water" means groundwater, percolating or
   2-21  otherwise, and a lake, pond, impounding reservoir, spring, river,
   2-22  stream, creek, canal, or any other surface water, natural or
   2-23  artificial, navigable or nonnavigable, that is wholly or partially
   2-24  in the district.
   2-25                 ARTICLE 2.  ADMINISTRATIVE PROVISIONS
   2-26        SECTION 2.01.  BOARD.  (a)  The district's powers, rights,
   2-27  duties, and functions are exercised by a board of directors.
    3-1        (b)  The board consists of nine members appointed by the
    3-2  governor.
    3-3        SECTION 2.02.  DIRECTOR ELIGIBILITY.  To be eligible for
    3-4  appointment as a director, a person must be a resident of Travis
    3-5  County.  At least five of the directors must reside in the
    3-6  district.
    3-7        SECTION 2.03.  TERMS OF DIRECTORS AND APPOINTMENT PROCEDURES.
    3-8  (a)  Other than initial directors, directors are appointed for
    3-9  staggered terms of six years with three members' terms expiring
   3-10  September 1 of each odd-numbered year.
   3-11        (b)  Appointment of initial directors shall be made promptly
   3-12  after this Act takes effect.  The governor and lieutenant governor
   3-13  each shall appoint one initial director to serve a term expiring
   3-14  September 1, 1997, one initial director to serve a term expiring
   3-15  September 1, 1999, and one initial director to serve a term
   3-16  expiring September 1, 2001.  In addition, the lieutenant governor
   3-17  shall appoint three initial directors from a list provided by the
   3-18  speaker of the house of representatives with one to serve a term
   3-19  expiring September 1, 1997, one to serve a term expiring September
   3-20  1, 1999, and one to serve a term expiring September 1, 2001.
   3-21        (c)  When a director's term expires, the person who appointed
   3-22  the director shall appoint a successor.
   3-23        (d)  When a director dies, resigns, or is otherwise removed,
   3-24  the person who appointed the director shall appoint a successor to
   3-25  serve for the unexpired term.
   3-26        SECTION 2.04.  QUALIFICATION OF DIRECTOR.  Each director must
   3-27  qualify to serve as director in the manner provided by Sections
    4-1  51.078 and 51.079, Water Code.  The district shall pay the premiums
    4-2  for each director's bond required under Section 51.079, Water Code.
    4-3        SECTION 2.05.  MEETINGS AND ACTIONS OF THE BOARD.  (a)  The
    4-4  board shall adopt bylaws at its first meeting or as soon after the
    4-5  first meeting as is practicable.
    4-6        (b)  The board shall meet at least four times each year, and
    4-7  may meet at any other time provided in its bylaws.
    4-8        (c)  A majority of the directors constitutes a quorum for the
    4-9  transaction of business.  Except as otherwise provided in this Act,
   4-10  the vote of a majority of directors present at a meeting at which a
   4-11  quorum is present is required for board action.
   4-12        SECTION 2.06.  ORGANIZATION OF BOARD.  (a)  The board shall
   4-13  elect from its members a chair, vice chair, secretary, and other
   4-14  officers as necessary.  A person elected to a board office serves
   4-15  in that capacity for a period of two years or until the person
   4-16  ceases to be a director, whichever occurs first.  An officer's
   4-17  period of service begins at a time provided by the bylaws.
   4-18        (b)  If a vacancy occurs in a board office, the directors
   4-19  shall elect a person to fill the unexpired period of service at the
   4-20  next board meeting.
   4-21        (c)  The board by its bylaws shall prescribe:
   4-22              (1)  the powers and duties of each board office; and
   4-23              (2)  procedures to remove a director from a board
   4-24  office.
   4-25        SECTION 2.07.  INTEREST IN CONTRACT.  A director who is
   4-26  financially interested in a contract proposed to be executed by the
   4-27  district for the purchase of property or services or the
    5-1  construction of facilities shall disclose the interest to the board
    5-2  and may not vote on acceptance of the contract.
    5-3        SECTION 2.08.  DIRECTOR'S COMPENSATION.  (a)  Subject to
    5-4  Subsection (b), a director is entitled to receive an allowance of
    5-5  $50 a day and reimbursement for actual and necessary expenses
    5-6  incurred:
    5-7              (1)  for each day the director attends a meeting of the
    5-8  board; and
    5-9              (2)  for each day the board authorizes the director to
   5-10  attend to district business.
   5-11        (b)  A director may not receive a per diem allowance for more
   5-12  than 20 days in a calendar year.
   5-13        SECTION 2.09.  GENERAL MANAGER.  (a)  The board shall employ
   5-14  a general manager for a term and salary set by the board.
   5-15        (b)  The general manager is the chief executive officer of
   5-16  the district.  In accordance with policies adopted by the board,
   5-17  the general manager is responsible for:
   5-18              (1)  administering the board's directives;
   5-19              (2)  keeping the district's records, including minutes
   5-20  of board meetings;
   5-21              (3)  coordinating with state, federal, and local
   5-22  agencies;
   5-23              (4)  developing plans and programs for the board's
   5-24  approval;
   5-25              (5)  hiring, supervising, training, and discharging the
   5-26  district's employees;
   5-27              (6)  obtaining technical, scientific, legal, fiscal,
    6-1  and other professional services; and
    6-2              (7)  performing any other duties the board assigns.
    6-3        (c)  The board may discharge the general manager.
    6-4        SECTION 2.10.  EMPLOYEES BONDS.  (a)  The general manager and
    6-5  each employee of the district who is charged with the collection,
    6-6  custody, or payment of any money of the district shall execute a
    6-7  fidelity bond in an amount determined by the board and in a form
    6-8  and with a surety approved by the board.
    6-9        (b)  The district shall pay the premiums on the employees'
   6-10  bonds under this section.
   6-11        SECTION 2.11.  PRINCIPAL OFFICE.  The district shall maintain
   6-12  its principal office inside the district.
   6-13        SECTION 2.12.  RECORDS.  (a)  The district shall keep:
   6-14              (1)  complete and accurate accounts of its business
   6-15  transactions in accordance with generally accepted methods of
   6-16  accounting;
   6-17              (2)  complete and accurate minutes of its meetings; and
   6-18              (3)  its accounts, contracts, documents, minutes, and
   6-19  other records at its principal office.
   6-20        (b)  The district shall permit reasonable public inspection
   6-21  of its records during regular business hours.
   6-22        SECTION 2.13.  SEAL.  The district shall adopt a seal and may
   6-23  change the seal from time to time.
   6-24        SECTION 2.14.  SUIT.  The district may sue and be sued in its
   6-25  corporate name.
   6-26                     ARTICLE 3.  POWERS AND DUTIES
   6-27        SECTION 3.01.  GENERAL POWERS AND DUTIES.  (a)  The district
    7-1  shall:
    7-2              (1)  administer and enforce the terms of this Act;
    7-3              (2)  use its facilities and powers to accomplish the
    7-4  purposes of this Act;
    7-5              (3)  coordinate the provision of water, wastewater,
    7-6  solid waste disposal, and drainage services in the district; and
    7-7              (4)  control and abate water pollution in the district.
    7-8        (b)  Except as otherwise provided in this Act, the creation
    7-9  of a local government or political subdivision in the district is
   7-10  prohibited unless approved by board resolution.  Annexation of
   7-11  district territory by a local government or political subdivision
   7-12  is prohibited unless approved by all owners of land to be annexed
   7-13  and by board resolution.  All area within the district is removed
   7-14  and excluded from the extraterritorial jurisdiction of any local
   7-15  government or other political subdivision in the state.
   7-16        (c)  Subject only to the authority of the commission and of a
   7-17  groundwater conservation district in existence on the effective
   7-18  date of this Act that is composed in whole or in part of the
   7-19  territory of the district, the district has exclusive authority in
   7-20  the district, superseding the authority of any local government,
   7-21  except a groundwater conservation district in existence on the
   7-22  effective date of this Act, to:
   7-23              (1)  regulate septic tanks;
   7-24              (2)  prohibit the pollution of and enforce rules
   7-25  regarding any stream, drain, or tributary that may constitute a
   7-26  source of water supply;
   7-27              (3)  adopt and enforce rules protecting a watershed;
    8-1              (4)  provide for the protection and management of an
    8-2  endangered species located within the district or affected by
    8-3  activities in the district;
    8-4              (5)  regulate the subdivision of land;
    8-5              (6)  regulate all zoning and land use;
    8-6              (7)  regulate resource extraction activities; and
    8-7              (8)  regulate the use and development of public
    8-8  parkland.
    8-9        (d)  Subject only to the authority of the commission and of a
   8-10  groundwater conservation district in existence on the effective
   8-11  date of this Act that is composed in whole or in part of the
   8-12  territory of the district, the district has exclusive authority,
   8-13  superseding the authority of any local government, except a
   8-14  groundwater conservation district in existence on the effective
   8-15  date of this Act, to:
   8-16              (1)  coordinate the provision of water, wastewater,
   8-17  solid waste disposal, or drainage services within, to, or from the
   8-18  district; and
   8-19              (2)  control or abate water pollution within or caused
   8-20  within the district.
   8-21        (e)  Except as expressly limited by this Act, the district
   8-22  has all powers, rights, and privileges necessary and convenient for
   8-23  accomplishing the purposes of this Act that are conferred by
   8-24  general law upon any conservation and reclamation district created
   8-25  pursuant to Section 59, Article XVI, Texas Constitution.
   8-26        (f)  The powers granted to the district in this Act are
   8-27  cumulative of all powers granted by other law.
    9-1        SECTION 3.02.  DISTRICT RULES.  (a)  The district shall adopt
    9-2  and enforce rules reasonably required to implement this Act,
    9-3  including rules governing procedure and practice before the board.
    9-4        (b)  The district shall print its rules and furnish copies of
    9-5  the rules to any person on written request.
    9-6        SECTION 3.03.  INSPECTIONS AND INVESTIGATIONS.  The district
    9-7  may enter public or private property in the district's territory
    9-8  for the purpose of inspecting and investigating conditions relating
    9-9  to its authorized purposes under the same provisions and
   9-10  restrictions applicable to the commission.
   9-11        SECTION 3.04.  HEARING AND ORDER.  (a)  The board may:
   9-12              (1)  hold hearings, receive evidence from any party in
   9-13  interest who appears before the board, compel the attendance of
   9-14  witnesses, and make findings of fact and determinations with
   9-15  respect to administering this Act or any order or rule of the
   9-16  district; and
   9-17              (2)  delegate to one or more of its members or
   9-18  employees the authority to take testimony and administer oaths in
   9-19  any hearing held or authorized to be held by the district.
   9-20        (b)  An order of the board must be:
   9-21              (1)  in the district's name; and
   9-22              (2)  attested by proper members of the board under the
   9-23  district's rules.
   9-24        SECTION 3.05.  CIVIL PENALTY; INJUNCTION.  (a)  A person who
   9-25  violates a rule, permit, or order of the district is subject to a
   9-26  civil penalty of not less than $50 and not more than $1,000 for
   9-27  each violation or each day of a continuing violation.
   10-1        (b)  The district may sue to recover the penalty in a
   10-2  district court in the county where the violation occurred.  The
   10-3  penalty shall be paid to the district.
   10-4        (c)  The district may sue for injunctive relief in a district
   10-5  court in the county where a violation of its rule, permit, or order
   10-6  occurs or is threatened to occur.  The court may grant to the
   10-7  district, without bond or other undertaking, a prohibitory or
   10-8  mandatory injunction that the facts warrant, including a temporary
   10-9  restraining order, temporary injunction, or permanent injunction.
  10-10        (d)  The district may sue for injunctive relief and a civil
  10-11  penalty in the same proceeding.
  10-12        (e)  The commission is a necessary party to a suit brought
  10-13  under this section.
  10-14        SECTION 3.06.  COURT REVIEW.  (a)  A person who is adversely
  10-15  affected by a rule, act, or order of the district may sue the
  10-16  district in district court to set aside the rule, act, or order.
  10-17        (b)  The suit must be filed not later than the 60th day after
  10-18  the date on which the rule, act, or order takes effect.
  10-19        (c)  If a person challenges in court the validity of all or
  10-20  any portion of this Act and does not prevail in the challenge, the
  10-21  court shall order the person to pay the reasonable attorney's fees,
  10-22  expert witness fees, and other costs incurred by all opposing
  10-23  parties in defending this Act.
  10-24        SECTION 3.07.  WATER QUALITY STANDARDS AND CRITERIA.  (a)
  10-25  The board shall prescribe a water pollution control and abatement
  10-26  program for the district after public hearing.  The program must:
  10-27              (1)  apply equally and uniformly throughout the
   11-1  district; and
   11-2              (2)  be designed to achieve state water quality
   11-3  standards adopted by the commission and in effect on January 1,
   11-4  1995.
   11-5        (b)  The district shall submit the program to the commission
   11-6  for review and approval.  The commission by rule may provide
   11-7  criteria for the review and approval of the program, based on
   11-8  achieving state water quality standards adopted by the commission
   11-9  and in effect on January 1, 1995.
  11-10        (c)  If the commission finds that the proposed program will
  11-11  not achieve state water quality standards, it shall notify the
  11-12  district in writing of the specific objections not later than the
  11-13  30th day after receipt of the proposed program.  The district may
  11-14  amend the proposed program in response to the commission's
  11-15  objections.  If the district amends the proposed program in
  11-16  response to the commission's objections, the commission shall
  11-17  promptly notify the district in writing whether the commission
  11-18  approves the proposal as amended.
  11-19        (d)  If the commission does not notify the district that it
  11-20  objects to the proposed program as required by Subsection (c), the
  11-21  program shall become operative on the 31st day after the commission
  11-22  receives the proposed program.  If the commission notifies the
  11-23  district as required by Subsection (c) that it finds the proposed
  11-24  program will not achieve state water quality standards, the program
  11-25  may not become operative until the date on which the commission
  11-26  approves the program.
  11-27        (e)  The commission shall adopt and assess fees adequate to
   12-1  recover the costs of the commission in administering this section.
   12-2        SECTION 3.08.  WATER, WASTEWATER, OR DRAINAGE CONTROL PLANS.
   12-3  (a)  The district shall, as needed, develop, prepare, and revise
   12-4  comprehensive water, wastewater, or drainage control plans for
   12-5  various areas of the district.  The plans must be consistent with
   12-6  state water quality standards adopted by the commission and in
   12-7  effect on January 1, 1995.
   12-8        (b)  This Act does not authorize the district to:
   12-9              (1)  develop, own, or operate a surface water dam or
  12-10  reservoir for potable water supply purposes; or
  12-11              (2)  limit or supersede an existing water management
  12-12  plan, water right, or water supply or wastewater treatment facility
  12-13  of a river authority in existence on the effective date of this Act
  12-14  the territory of which comprises at least three counties and
  12-15  includes all or part of the district territory.
  12-16        (c)  The plans must comply with all requirements of the
  12-17  National Flood Insurance Program, as prescribed by Subchapter I,
  12-18  Chapter 16, Water Code.
  12-19        SECTION 3.09.  REGULATION OF SOLID WASTE.  (a)  The district
  12-20  has the powers and duties relating to the regulation of solid waste
  12-21  granted to a local government under Subchapter E, Chapter 361, and
  12-22  Chapter 364, Health and Safety Code.
  12-23        (b)  The district may adopt rules to implement the powers and
  12-24  duties authorized by this section.
  12-25        SECTION 3.10.  SEPTIC TANKS.  (a)  If the district finds that
  12-26  the nature of the soil or drainage in the district requires
  12-27  regulation of septic tanks to prevent water pollution  or to
   13-1  protect the public health, the district by rule may:
   13-2              (1)  restrict the number and types of septic tanks
   13-3  permitted in a specified area;
   13-4              (2)  forbid the use of a septic tank in a specified
   13-5  area;
   13-6              (3)  forbid the installation of a new septic tank in a
   13-7  specified area;
   13-8              (4)  establish a permit system for the installation of
   13-9  a new septic tank in a specified area; or
  13-10              (5)  seek a gradual reduction of the number or types of
  13-11  septic tanks in a specified area.
  13-12        (b)  Before the board adopts a rule under this section, the
  13-13  board shall:
  13-14              (1)  consult with the commission; and
  13-15              (2)  hold a public hearing in the area to be affected
  13-16  by the rule.
  13-17        SECTION 3.11.  SUBDIVISIONS.  (a)  Subject only to the power
  13-18  and jurisdiction, as modified by this Act, of a county under
  13-19  Chapter 232, Local Government Code, the district has the exclusive
  13-20  power and jurisdiction, superseding the power and jurisdiction of
  13-21  any other local government, to approve a plat or replat required of
  13-22  a tract of land located within the district.  A plat or replat may
  13-23  not be filed with the county clerk without the approval of both the
  13-24  district and the county with jurisdiction over the land.
  13-25        (b)  Subject to Subsection (a) of this section, the district
  13-26  must approve a plat or replat that satisfies the requirements
  13-27  established by the commissioners court of the county under Section
   14-1  232.003, Local Government Code.  The district shall act on a plat
   14-2  or replat not later than the 60th day after the date the plat or
   14-3  replat is filed.  A plat or replat is approved unless before the
   14-4  61st day after the date the plat or replat is filed:
   14-5              (1)  the plat or replat is expressly disapproved; and
   14-6              (2)  a statement of the specific manner in which the
   14-7  plat or replat fails to satisfy all applicable regulations is given
   14-8  to the owner of the land included in the plat or replat.
   14-9        (c)  With respect to land within the district, the district
  14-10  may not regulate:
  14-11              (1)  the use of any building or property for business,
  14-12  industrial, residential, or other purposes;
  14-13              (2)  the size, bulk, height, location, or number of
  14-14  buildings and other structures that may be constructed or the ratio
  14-15  of building area to land area;
  14-16              (3)  the number of residential units that may be built;
  14-17  or
  14-18              (4)  the size of yards, courts, other open areas, or
  14-19  the impervious cover that may be constructed on a tract of land.
  14-20        SECTION 3.12.  MUNICIPAL UTILITY DISTRICTS.  (a)  The
  14-21  creation of a municipal utility district in the district shall be
  14-22  regulated only by the commission.  The consent of the district or
  14-23  any local government or other political subdivision in the state is
  14-24  not required to create a municipal utility district in the
  14-25  district.
  14-26        (b)  The district has exclusive authority to enforce, amend,
  14-27  or terminate the provisions of any agreement between or that
   15-1  applies to a municipal utility district located within the district
   15-2  and any local government or other political subdivision in the
   15-3  state relating to:
   15-4              (1)  land use or site plans;
   15-5              (2)  restrictive covenants;
   15-6              (3)  the provision of drainage and solid waste disposal
   15-7  services;
   15-8              (4)  the regulation of septic tanks;
   15-9              (5)  the control and abatement of water pollution;
  15-10              (6)  the prohibition of pollution and policing of any
  15-11  source of water supply; or
  15-12              (7)  the protection and policing of watersheds within
  15-13  the district.
  15-14        (c)  The authority granted by Subsection (b) of this section
  15-15  supersedes the authority of any local government or other political
  15-16  subdivision in the state regarding the matters described by
  15-17  Subsection (b) of this section, other than the authority of a
  15-18  county to enforce, amend, or terminate an agreement pertaining to
  15-19  landscape maintenance or a license agreement in the public
  15-20  rights-of-way.
  15-21        (d)  The rules of the district in effect at the time a
  15-22  petition for creation of a municipal utility district is filed with
  15-23  the commission remain applicable to all land within the municipal
  15-24  utility district until all bonds issued by the municipal utility
  15-25  district have been paid.  After a municipal utility district issues
  15-26  bonds for a project approved by the commission, the district or a
  15-27  local government or other political subdivision of the state may
   16-1  not impose a requirement or condition on the municipal utility
   16-2  district that may adversely affect the data, profiles, maps, plans
   16-3  and specifications, or land use used to determine the feasibility
   16-4  of the project or the financial feasibility or tax base of the
   16-5  municipal utility district, unless the requirement or condition is
   16-6  made specifically to comply with state or federal law or applies
   16-7  only after the bonds issued by the municipal utility district have
   16-8  been paid.  Any requirement or condition imposed on a municipal
   16-9  utility district in conflict with this section is void.
  16-10        SECTION 3.13.  ACQUISITION, CONSTRUCTION, AND OPERATION OF
  16-11  SYSTEMS.  The district may:
  16-12              (1)  acquire and provide by purchase, gift, or lease
  16-13  any water service, wastewater service, drainage service, or
  16-14  disposal service within the district;
  16-15              (2)  construct a disposal system and provide disposal
  16-16  services within the district;
  16-17              (3)  operate or sell a disposal system the district
  16-18  constructs or acquires;
  16-19              (4)  contract with any person to operate or maintain a
  16-20  disposal system the person owns; and
  16-21              (5)  contract with any person to train or supervise
  16-22  employees of a disposal system.
  16-23        SECTION 3.14.  SYSTEM CONTRACTS.  (a)  The district may
  16-24  contract to receive and treat or dispose of water, wastewater,
  16-25  drainage, or wastes from any person in the district.
  16-26        (b)  In a contract under this section, the district shall set
  16-27  fees on the basis of:
   17-1              (1)  the quality and quantity of the water, wastewater,
   17-2  drainage, or waste;
   17-3              (2)  the difficulty in treating or disposing of the
   17-4  water, wastewater, drainage, or waste;
   17-5              (3)  operation and maintenance expenses and debt
   17-6  retirement service costs; and
   17-7              (4)  any other reasonable consideration.
   17-8        SECTION 3.15.  SALE OF WATER OR BY-PRODUCT.  The district may
   17-9  store and sell:
  17-10              (1)  water; or
  17-11              (2)  a by-product from the district's operations.
  17-12        SECTION 3.16.  PERMITS FROM COMMISSION.  (a)  The district
  17-13  may apply to the commission for a permit to appropriate water.
  17-14        (b)  The district may apply to the commission for a water
  17-15  storage or use permit to store and sell water under Section 3.13 of
  17-16  this Act.
  17-17        SECTION 3.17.  EMINENT DOMAIN.  (a)  Except as provided by
  17-18  Subsection (b), the district may exercise the power of eminent
  17-19  domain under Chapter 21, Property Code, to acquire property of any
  17-20  kind in Travis County that is:
  17-21              (1)  appropriate for the exercise of the district's
  17-22  functions; and
  17-23              (2)  within the district or adjacent to the district.
  17-24        (b)  The district may not exercise the power of eminent
  17-25  domain to acquire the property of a river authority in existence on
  17-26  the effective date of this Act the territory of which comprises at
  17-27  least three counties and includes all or part of the district
   18-1  territory.
   18-2        SECTION 3.18.  RELOCATION OF FACILITIES.  If the district
   18-3  requires relocating, raising, lowering, rerouting, changing the
   18-4  grade of, or altering the construction of a railroad, highway,
   18-5  pipeline, or an electric transmission or distribution, telegraph,
   18-6  or telephone line conduit, pole, or facility, the district shall
   18-7  pay the cost of that action so as to provide comparable replacement
   18-8  of any replaced facility, less the replaced facility's net salvage
   18-9  value.
  18-10        SECTION 3.19.  USE OF PUBLIC EASEMENTS.  (a)  The district
  18-11  may use any public roadway, street, alley, or easement in Travis
  18-12  County to accomplish its purposes, without the necessity of
  18-13  securing a franchise or other governmental agreement.  The use is
  18-14  subject to the authority of a county to require the relocation of
  18-15  facilities, at the expense of the district, to permit the widening
  18-16  or straightening of a road.  The county must give the district 30
  18-17  days' notice that relocation is required and specify the new
  18-18  location for the facilities along the right-of-way of the road.
  18-19        (b)  This section does not apply to an easement of a river
  18-20  authority in existence on the effective date of this Act the
  18-21  territory of which comprises at least three counties and includes
  18-22  all or part of the district territory.
  18-23        (c)  The district may not change, alter, or damage a portion
  18-24  of the state highway system or any county road without first
  18-25  obtaining the written consent of the Texas Department of
  18-26  Transportation or the county, as applicable.  The placement of a
  18-27  district facility in state or county highway right-of-way is
   19-1  subject to regulation by the Texas Department of Transportation or
   19-2  a county, as applicable.
   19-3        SECTION 3.20.  ACQUISITION AND DISPOSITION OF PROPERTY.  (a)
   19-4  The district may purchase, lease, acquire by gift, maintain, use,
   19-5  or operate property of any kind that is appropriate for the
   19-6  exercise of its functions.
   19-7        (b)  The board may sell to the highest bidder, at a public or
   19-8  private sale, or may exchange any property owned by the district
   19-9  that is not required to carry out the district's purposes.  Before
  19-10  conducting a public or a private sale of property, the district
  19-11  shall give notice of its intent to sell the property by publishing
  19-12  notice once a week for two consecutive weeks in a newspaper of
  19-13  general circulation in the district.
  19-14        SECTION 3.21.  FACILITIES.  The district may acquire,
  19-15  construct, extend, improve, maintain, reconstruct, use, or operate
  19-16  any facility necessary or convenient to the exercise of its powers,
  19-17  rights, duties, or functions.
  19-18        SECTION 3.22.  CONTRACTS.  (a)  The district may make
  19-19  contracts and execute instruments necessary or convenient to the
  19-20  exercise of its powers, rights, duties, or functions.  The district
  19-21  may not enter into a contract with a term greater than 50 years.
  19-22        (b)  This section does not prohibit the district from
  19-23  purchasing surplus property from the United States through a
  19-24  negotiated contract without bids.
  19-25        (c)  An officer, agent, or employee of the district who is
  19-26  financially interested in a contract of the type described in
  19-27  Subsection (b) of this section shall disclose the interest to the
   20-1  board before the board votes on the acceptance of the contract.
   20-2        (d)  Notwithstanding any provision of a municipality's
   20-3  charter, a contract between the district and a municipality need
   20-4  not be submitted to the municipality's electorate.
   20-5        SECTION 3.23.  COOPERATIVE AGREEMENTS.  The district may
   20-6  enter into cooperative agreements with other local governments,
   20-7  state agencies, or agencies of the United States:
   20-8              (1)  to perform water, wastewater, drainage, or waste
   20-9  disposal management, inspection, and enforcement functions and to
  20-10  give technical aid and education services to any party to the
  20-11  agreement; and
  20-12              (2)  to transfer money or property to any party to the
  20-13  agreement for the purpose of water quality and waste disposal
  20-14  management, inspection, enforcement, and technical aid and
  20-15  education.
  20-16        SECTION 3.24.  COUNTY AUTHORITY.  Notwithstanding any other
  20-17  provision of this Act, this Act does not affect a county's
  20-18  authority acting under an order or ordinance of the commissioners
  20-19  court of the county or by a rule or regulation approved by the
  20-20  commissioners court of the county:
  20-21              (1)  related to land use or zoning, including the
  20-22  authority provided by:
  20-23                    (A)  Chapters 233 and 243, Local Government Code;
  20-24                    (B)  Section 109.33, Alcoholic Beverage Code;
  20-25                    (C)  Chapter 953, Acts of the 70th Legislature,
  20-26  Regular Session, 1987 (Article 2372dd-1, Vernon's Texas Civil
  20-27  Statutes); or
   21-1                    (D)  other law;
   21-2              (2)  to regulate subdivisions under Chapter 232, Local
   21-3  Government Code, or other law, if the regulation does not conflict
   21-4  with Section 3.07(a) of this Act;
   21-5              (3)  to plan, construct, or maintain public roads or
   21-6  related drainage under the County Road and Bridge Act (Article
   21-7  6702-1, Vernon's Texas Civil Statutes) or other law if the
   21-8  regulation does not conflict with Section 3.07(a) of this Act; or
   21-9              (4)  to regulate an on-site sewage disposal system, as
  21-10  that term is defined by Section 366.002, Health and Safety Code, or
  21-11  a private sewage facility, as that term is defined by Section
  21-12  26.031, Water Code.
  21-13                 ARTICLE 4.  GENERAL FISCAL PROVISIONS
  21-14        SECTION 4.01.  DISBURSEMENT OF MONEY.  The district may
  21-15  disburse money only by check, draft, order, or other instrument
  21-16  signed by the person or persons authorized in the board's bylaws or
  21-17  by board resolution.
  21-18        SECTION 4.02.  FEES AND CHARGES.  The district may establish
  21-19  fees and charges not to exceed the amounts necessary to enable the
  21-20  district to fulfill the obligations imposed on it by this Act.
  21-21        SECTION 4.03.  LOANS AND GRANTS.  (a)  The district may
  21-22  borrow money and accept grants for its corporate purposes.
  21-23        (b)  The district may borrow money and accept grants from
  21-24  private sources, the United States, the state, and local
  21-25  governments.  The district may enter into any agreement in
  21-26  connection with a loan or grant that does not conflict with state
  21-27  or federal law.
   22-1        (c)  Information of the source, amount, and any restriction
   22-2  on expenditure of money the district accepts is public information.
   22-3        SECTION 4.04.  FISCAL YEAR.  The board shall establish the
   22-4  district's fiscal year.
   22-5        SECTION 4.05.  INDEPENDENT AUDIT AND REPORT.  (a)  The board
   22-6  shall have an audit of the district's affairs for each fiscal year
   22-7  prepared by an independent certified public accountant of
   22-8  recognized integrity and ability.
   22-9        (b)  The district shall keep at least one copy of the most
  22-10  recent audit at the district's principal office.
  22-11        (c)  The district shall make a copy of the most recent audit
  22-12  available for inspection by any interested person during regular
  22-13  business hours.
  22-14        SECTION 4.06.  DEPOSITORY BANKS.  (a)  The board shall
  22-15  designate one or more banks to serve as depository for the
  22-16  district's money.  The district shall deposit all of its money in
  22-17  the designated depository bank or banks, except:
  22-18              (1)  to the extent provided in a trust indenture, the
  22-19  district may deposit bond proceeds and money pledged to pay bonds
  22-20  with the trustee bank named in the trust indenture; and
  22-21              (2)  money pledged to pay bonds shall be remitted to
  22-22  the bank of payment for the payment of principal and interest on
  22-23  bonds.
  22-24        (b)  To the extent that money in a depository bank or trustee
  22-25  bank is not invested or insured by the Federal Deposit Insurance
  22-26  Corporation, the money shall be secured in the manner provided by
  22-27  law for the security of state money.
   23-1        (c)  Before designating a depository bank, the board shall
   23-2  publish notice at least once in a newspaper of general circulation
   23-3  in the district requesting applications from banks interested in
   23-4  serving as a depository.  The notice shall include the time and
   23-5  location of the board meeting at which the board proposes to
   23-6  designate a depository bank.  The board shall prescribe the term of
   23-7  service of a depository bank.
   23-8        (d)  At the time stated in the notice required by Subsection
   23-9  (c), the board shall consider the applications received and the
  23-10  management and condition of each bank that files an application.
  23-11  The board may designate as a depository the bank or banks that
  23-12  offer the most favorable terms and conditions for the handling of
  23-13  the district's money and that have proper management and the
  23-14  ability to properly handle the district's money.  Membership of an
  23-15  officer or director of a bank on the board of the district does not
  23-16  disqualify the bank from being designated as a depository.
  23-17        (e)  If no application is received by the time stated in the
  23-18  notice, the board may designate a bank or banks on such terms and
  23-19  conditions as the board considers prudent.
  23-20                  ARTICLE 5.  BOND AND TAX PROVISIONS
  23-21        SECTION 5.01.  REVENUE BONDS.  (a)  For the purpose of
  23-22  carrying out a power or authority conferred by this Act, the
  23-23  district may issue bonds secured by a pledge of all or part of the
  23-24  revenues accruing to the district from a source other than ad
  23-25  valorem taxes, including money received from tolls, charges, the
  23-26  sale of water or other products, and the provision of services.
  23-27        (b)  The district's bonds shall:
   24-1              (1)  be authorized by board resolution;
   24-2              (2)  be issued in the district's name;
   24-3              (3)  be signed by the chair or vice chair;
   24-4              (4)  be attested by the secretary; and
   24-5              (5)  bear the district's seal.
   24-6        (c)  The board may prescribe the form, denomination, and
   24-7  interest rate of bonds issued by the district, except that bonds
   24-8  must mature serially or otherwise not more than 50 years after
   24-9  their date.  The board may sell bonds at prices and under terms
  24-10  that the board determines to be the most advantageous reasonably
  24-11  available.  The district's bonds may be made redeemable before
  24-12  maturity at times and prices prescribed in the bonds.  The
  24-13  district's bonds may be secured by an indenture of trust with a
  24-14  corporate trustee.
  24-15        (d)  The district may issue bonds in more than one series as
  24-16  required for carrying out the purposes of this Act.  The district
  24-17  may, in issuing bonds secured by the district's revenues, reserve
  24-18  the right to issue additional bonds secured by the district's
  24-19  revenues that are on a parity with or are senior or subordinate to
  24-20  the bonds issued earlier.
  24-21        (e)  The resolution authorizing the bonds or the trust
  24-22  indenture securing the bonds may specify additional provisions that
  24-23  shall constitute a contract between the district and its
  24-24  bondholders.  The board may provide:
  24-25              (1)  for additional bond provisions; and
  24-26              (2)  for a corporate trustee or receiver to take
  24-27  possession of the district's facilities if the district defaults.
   25-1        SECTION 5.02.  REFUNDING BONDS.  (a)  The district may issue
   25-2  refunding bonds to refund outstanding bonds and interest authorized
   25-3  by this Act.
   25-4        (b)  Refunding bonds may:
   25-5              (1)  be issued to refund one or more series of
   25-6  outstanding bonds;
   25-7              (2)  combine the pledges for the outstanding bonds for
   25-8  the security of the refunding bonds; and
   25-9              (3)  be secured by other or additional revenues.
  25-10        (c)  The provisions of this Act applicable to the district's
  25-11  issuance of other bonds, their security, their approval by the
  25-12  attorney general, and the remedies of the holders are applicable to
  25-13  refunding bonds.
  25-14        (d)  Refunding bonds shall be registered by the comptroller
  25-15  of public accounts on surrender and cancellation of the bonds to be
  25-16  refunded.  Alternatively, the resolution authorizing the issuance
  25-17  of refunding bonds may provide that the bonds shall be sold and the
  25-18  resulting proceeds deposited in the bank where the bonds to be
  25-19  refunded are payable, in which case the refunding bonds may be
  25-20  issued in an amount sufficient to pay the principal and interest of
  25-21  the bonds to be refunded to their option or maturity date.  The
  25-22  comptroller of public accounts shall register the refunding bonds
  25-23  without concurrent surrender and cancellation of the bonds to be
  25-24  refunded.
  25-25        SECTION 5.03.  APPROVAL AND REGISTRATION OF BONDS.  After the
  25-26  district authorizes any bonds, the district shall submit the bonds
  25-27  and the record relating to their issuance to the attorney general
   26-1  for approval.  If the bonds are secured by a pledge of the proceeds
   26-2  of a contract between the district and a municipality or other
   26-3  governmental agency, authority, or district, the district shall
   26-4  submit to the attorney general a copy of the contract and the
   26-5  proceedings of the municipality or other governmental agency,
   26-6  authority, or district authorizing the contract.  If the attorney
   26-7  general finds that the bonds have been authorized and the
   26-8  contracts, if any, have been made in accordance with the
   26-9  constitution and laws of the state, the attorney general shall
  26-10  approve the bonds and contracts.  On approval, the bonds shall then
  26-11  be registered by the comptroller of public accounts.
  26-12        SECTION 5.04.  BOND ELECTION.  The district may issue bonds
  26-13  without an election.
  26-14        SECTION 5.05.  AUTHORIZED INVESTMENTS.  Bonds and refunding
  26-15  bonds of the district are legal, eligible, and authorized
  26-16  investments for a public fund of the state, including the State
  26-17  Permanent School Fund, or a state agency.
  26-18        SECTION 5.06.  AD VALOREM TAXATION.  (a)  Except as provided
  26-19  by Subsection (b), the district may not levy and collect ad valorem
  26-20  taxes.
  26-21        (b)  The qualified voters in the district may, in an election
  26-22  called for that purpose, authorize the district to levy and collect
  26-23  ad valorem taxes for the maintenance of the district and its
  26-24  improvements.
  26-25                    ARTICLE 6.  DISTRICT BOUNDARIES
  26-26        SECTION 6.01.  DESCRIPTION OF BOUNDARIES.  The district
  26-27  includes all the territory contained within the following area,
   27-1  whether the territory contains noncontiguous parcels of land and
   27-2  whether the territory is located within the boundaries of any
   27-3  municipality or other governmental entity or political subdivision
   27-4  of the state:
   27-5  The 4,661.248 acre tract out of the John Moore Survey No. 66, the
   27-6  Jesse Williams Survey No. 62, the Samuel Hamilton Survey No. 16,
   27-7  the John G.  McGeeHee Survey No. 6, the Thomas Brite Survey No. 65,
   27-8  the J. D. Cady Survey Abstract No. 139, the C. W. Hudson Survey No.
   27-9  43, the Richard Hailey Survey No. 35, the Corbet Stevens Survey No.
  27-10  63, the J. Burleson Survey No. 64, the John M. Bright Survey No.
  27-11  63, the C. W. Hudson Survey No. 43, the H. Haigwood Survey No. 433,
  27-12  the H. W. Cocke Survey No. 432 and the H. W. Cocke Survey No. 83,
  27-13  Travis County, Texas, being a portion of that 2,807.1345 acre
  27-14  tract, described as Tract 1, all of that 538.5087 acre tract,
  27-15  described as Tract 2, a portion of that 214.8756 acre tract,
  27-16  described as Tract 3, and all of that 100.0000 acre tract,
  27-17  described as Tract 4 all conveyed by deed to Circle C Land Corp.
  27-18  recorded in Volume 11620, Page 1126 of the Travis County Deed
  27-19  Records, all of that 11.7446 acre tract contained within the
  27-20  aforesaid 214.8756 acre tract, as dedicated for Slaughter Lane
  27-21  (120.00' right-of-way), by plat recorded in Book 86, Pages 180C and
  27-22  180D of the Travis County Plat Records, all of that 79.9863 acre
  27-23  tract conveyed to the City of Austin by deed recorded in Volume
  27-24  9495, Page 275, of the said Deed Records, all of that 46.50000 acre
  27-25  tract conveyed to the City of Austin, by deed recorded in Volume
  27-26  9495, Page 289 of the said Deed Records, all of that 285.4585 acre
  27-27  tract, conveyed to the City of Austin by deed recorded in Volume
   28-1  9495, Page 281 of the said Deed Records, a 25.4133 acre portion of
   28-2  that 412.3003 acre tract conveyed to Ira John Yates by deed
   28-3  recorded in Volume 10166, Page 726 of the said Deed Records, all of
   28-4  that 85.033 acre tract conveyed to Mopac South Transportation
   28-5  Corporation by deed recorded in Volume 10719, Page 926 of the said
   28-6  Deed Records, all of that 13.845 acre tract conveyed to Mopac South
   28-7  Transportation Corporation by deed recorded in Volume 10719, Page
   28-8  920 of the said Deed Records, all of that 99.560 acre tract
   28-9  conveyed to R. Alan Haywood, Trustee by deed recorded in Volume
  28-10  11505, Page 55 of the said Deed Records, all of that 100.2215 acre
  28-11  tract, described as Parcel "A", conveyed to Carlene H. Klaus by
  28-12  deed recorded in Volume 9724, Page 329 of the said Deed Records,
  28-13  all of that 100.2215 acre tract, described as Parcel "B", conveyed
  28-14  to Ursula H. Kutra by deed recorded in Volume 9724, Page 317 of the
  28-15  said Deed Records, all of that 100.2215 acre tract, described as
  28-16  Parcel "C", conveyed to Amelia H. Mettke by deed recorded in Volume
  28-17  9724, Page 321 of the said Deed Records, a portion of that certain
  28-18  126.73 acre tract, conveyed to Mrs. Ruby Pauls Spillar by deed
  28-19  recorded in Volume 700, Page 369 of the said Deed Records, and
  28-20  being a portion of 1248.93 acres, described as various tracts,
  28-21  conveyed to Mrs. Ruby Pauls Spillar by deed recorded in Volume 118,
  28-22  Page 455 of the Said Deed Records; the said 4,661.248 acre tract
  28-23  being more particularly described as follows:
  28-24        BEGINNING at a 5/8" iron rod found in the easterly
  28-25  right-of-way line of State Highway F.M. 1826 (80' wide) being the
  28-26  northwest corner of the said 538.5087 acre tract, a point in the
  28-27  southerly line of those tracts of land conveyed to Oak Hill Heights
   29-1  Joint Venture by deed recorded in Volume 8154, Page 552, and the
   29-2  most westerly point of a boundary line agreement between Jack Mann
   29-3  and Josephene Turnbull as described in a deed recorded in Volume
   29-4  1133, Page 464 of the said Deed Records;
   29-5        THENCE, in a southeasterly direction along the line as
   29-6  established by the said boundary line agreement, being the
   29-7  northerly line of the 538.5087 acre tract and the southerly line of
   29-8  the said Oak Hill Heights Joint Venture, tracts for the following
   29-9  nine (9) courses:
  29-10        1)  S5922'13"E, 133.45 feet to a 1/2" iron pipe found;
  29-11        2)  S5933'32"E, 676.69 feet to a 5/8" iron rod found;
  29-12        3)  S5953'12"E, 415.00 feet to a 5/8" iron rod found;
  29-13        4)  S6013'30"E, 358.42 feet to a 5/8" iron rod found;
  29-14        5)  S6029'18"E, 157.98 feet to a 1/2" iron rod found for the
  29-15  northeast corner of the said 70.96 acre tract, being the northwest
  29-16  corner of the 154.44 acre tract;
  29-17        6)  S6027'13"E, 482.95 feet to a 1/2" iron pipe found;
  29-18        7)  S6059'20"E, 834.39 feet to a 1/2" iron pipe found;
  29-19        8)  S6114'02"E, 646.28 feet to a 1/2" iron pipe found;
  29-20        9)  S6141'08"E, 306.72 feet to a 1/2" iron pipe found;
  29-21        THENCE, S6206'50"E, 332.04 feet to a 1/2" iron pipe found
  29-22  for the most easterly corner of the aforesaid boundary line
  29-23  agreement, being a northeast corner of the 538.5087 acre tract, the
  29-24  southeast corner of the said Oak Hill Heights Joint Venture tracts
  29-25  and a point in a westerly line of that 479.58 acre tract conveyed
  29-26  to Village Joint Venture by deed recorded in Volume 8539, Page 511
  29-27  of the Deed Records of Travis County, Texas;
   30-1        THENCE, S3005'47"W, at approximately 1,833.10 feet pass the
   30-2  northwest corner of the Village at Western Oaks Subdivision,
   30-3  Section 16-A, recorded in Book 86, Pages 62A through 62D, for a
   30-4  total distance of 2,399.06 feet to a 5/8" iron rod found;
   30-5        THENCE, S2950'30"W, with the easterly line of the said
   30-6  538.5087 acre tract, 276.17 feet to a 1/2" iron pipe found for the
   30-7  southwest corner of Village at Western Oaks, Section 16-A, being an
   30-8  ell corner of the aforesaid 538.5087 acre tract, and a point on the
   30-9  centerline of an existing Humble Pipeline Company, pipeline
  30-10  easement described in a deed recorded in Volume 994, Page 397 of
  30-11  the said Deed Records;
  30-12        THENCE, S7011'10"E, with the said Humble Pipeline Company
  30-13  easement, being the common line between the 538.5087 acre tract and
  30-14  Village at Western Oaks, Section 16-A, at 600.33 feet pass a 1/2"
  30-15  iron pipe found, at 1,831.37 feet pass a 1/2" iron pipe found, for
  30-16  a total distance of 2,413.41 feet to a 1/2" iron rod set on a curve
  30-17  to the left in the easterly right-of-way line of Escarpment
  30-18  Boulevard (120.00 foot right-of-way) for the southeast corner of
  30-19  the aforesaid Village at Western Oaks Subdivision, Section 16-A;
  30-20        THENCE, S7011'10"E, continuing with the north line of the
  30-21  538.5087 acre tract at 2,913.32 feet pass an iron pipe found at
  30-22  3,651.25 feet pass a second iron pipe found, for a total distance
  30-23  of 4,238.43 feet to an iron pipe found for the northeast corner of
  30-24  the said 538.5087 acre tract, being the southeast corner of that
  30-25  479.58 acre tract conveyed to Village Joint Venture by deed
  30-26  recorded in Volume 8539, Page 511 and a point in the westerly line
  30-27  of that 531.07 acre tract conveyed to Maple Run Joint Venture by
   31-1  deed recorded in Volume 7979, Page 932, both of the said deed
   31-2  records; the found pipe is also the southeast corner of the
   31-3  right-of-way dedicated for State Highway Loop 1 as shown on a plat
   31-4  of Village at Western Oaks, Section 21, a subdivision recorded in
   31-5  Book 86, Page 145C of the Map Records of Travis County, Texas;
   31-6        THENCE, S3040'24"W, with the common line between the
   31-7  538.5087 acre tract and the 531.07 acre tract, 448.59 feet to an
   31-8  iron rod found;
   31-9        THENCE, S3040'33"W, continuing with the said common line
  31-10  between the 538.5087 acre tract and the 531.07 acre tract, 450.39
  31-11  feet to an iron rod found;
  31-12        THENCE, S7200'01"E, continuing with the said common line,
  31-13  158.07 feet to an iron rod found near the centerline of Slaughter
  31-14  Creek.
  31-15        THENCE, S0218'37"E, continuing with the said common line, at
  31-16  230.03 feet pass an iron rod found for the most easterly corner of
  31-17  the 538.5087 acre tract, and a northerly corner of the above
  31-18  mentioned 285.4585 acre City of Austin tract, for a total distance
  31-19  of 424.50 feet to an iron pipe found;
  31-20        THENCE, leaving the southerly line of the 538.5087 acre
  31-21  tract, along the common line between the said 531.07 acre tract and
  31-22  the 285.4585 acre tract for the following eleven (11) courses:
  31-23        1)  S4145'47"E, for a distance of 96.65 feet to an iron rod
  31-24  found;
  31-25        2)  S7631'42"E, for a distance of 110.76 feet to an iron rod
  31-26  found;
  31-27        3)  N8420'26"E, for a distance of 172.94 feet to an iron rod
   32-1  found;
   32-2        4)  S4757'27"E, for a distance of 109.79 feet to an iron rod
   32-3  found;
   32-4        5)  S2042'20"W, for a distance of 195.48 feet to an iron rod
   32-5  found;
   32-6        6)  S4326'45"E, for a distance of 149.92 feet to an iron rod
   32-7  found;
   32-8        7)  S2111'38"E, for a distance of 141.55 feet to an iron rod
   32-9  found;
  32-10        8)  S1335'11"W, for a distance of 148.65 feet to an iron rod
  32-11  found;
  32-12        9)  S0515'39"E, for a distance of 347.41 feet to an iron rod
  32-13  found;
  32-14        10)  S4023'14"W, for a distance of 269.29 feet to an iron
  32-15  rod found;
  32-16        11)  S7931'14"W, for a distance of 58.41 feet to a point in
  32-17  the centerline of Slaughter Creek;
  32-18        THENCE, along the centerline of Slaughter Creek, continuing
  32-19  with the above said common line between the 531.07 acre tract and
  32-20  the 285.4585 acre tract for the following thirteen (13) courses;
  32-21        1)  S0822'19"W, for a distance of 407.97 feet to an iron rod
  32-22  found;
  32-23        2)  S2626'53"W, for a distance of 329.10 feet to an iron rod
  32-24  found;
  32-25        3)  S0543'44"W, for a distance of 314.04 feet to an iron rod
  32-26  found;
  32-27        4)  S1157'05"E, for a distance of 304.24 feet to an iron rod
   33-1  found;
   33-2        5)  S3706'33"E, for a distance of 176.12 feet to an iron rod
   33-3  found;
   33-4        6)  S6458'21"E, for a distance of 264.75 feet to a nail
   33-5  found;
   33-6        7)  N6439'39"E, for a distance of 295.20 feet to a point;
   33-7        8)  N8849'06"E, for a distance of 326.14 feet to an iron rod
   33-8  found;
   33-9        9)  S7115'17"E, for a distance of 207.09 feet to an iron rod
  33-10  found;
  33-11        10)  S0537'53"E, for a distance of 155.67 feet to a nail
  33-12  found;
  33-13        11)  S3531'12"E, for a distance of 432.21 feet to an iron
  33-14  rod found;
  33-15        12)  S5645'40"E, for a distance of 110.46 feet to an iron
  33-16  pipe found;
  33-17        13)  S3528'15"E, at a distance of 310.95 feet pass an iron
  33-18  pipe found on the east side of Slaughter Creek, for a total
  33-19  distance of 323.72 feet to an iron rod found at a fence corner
  33-20  post, for the most southerly corner of that certain 19.81 acre
  33-21  tract of land conveyed to James W. Akins by a deed recorded in
  33-22  Volume 4677, Page 1386 of the said Deed Records and a point in the
  33-23  west line of the said 214.8756 acre tract;
  33-24        THENCE, N2804'16"E, leaving the north line of the 285.4585
  33-25  acre tract, along the common line between the 19.81 acre tract and
  33-26  the 214.8756 acre tract, for a distance of 551.99 feet to a 1/2"
  33-27  iron rod found;
   34-1        THENCE, N2918'16"E, with the said common line between the
   34-2  said 221.4613 acre tract and the 19.81 acre tract, 504.48 feet to a
   34-3  1/2" iron rod found;
   34-4        THENCE, N2951'30"E, with the said westerly line of the
   34-5  221.4613 acre tract, at 538.05 feet pass a concrete monument found
   34-6  in the southerly right-of-way line of Slaughter Lane (120.00 foot
   34-7  right-of-way), at 695.41 feet pass a point in the northerly
   34-8  right-of-way line of the aforesaid Slaughter Lane (11.7446 acres),
   34-9  for a total distance of 843.60 feet to a 1/2" iron rod found for
  34-10  the northwest corner of the abovesaid 214.8756 acre tract, being
  34-11  the southwest corner of that certain tract conveyed to Clara Brooks
  34-12  Chastain by deed recorded in Volume 6887, Page 178 and a point in
  34-13  the easterly line of the remainder of that 531.07 acre tract
  34-14  conveyed to Maple Run Joint Venture by deed recorded in Volume
  34-15  7979, Page 932 both of the Deed Records of Travis County, Texas;
  34-16        THENCE, S5957'00"E, leaving the easterly line of the said
  34-17  531.07 acre tract, along the northerly line of the 214.8756 acre
  34-18  tract, 638.74 feet to a 3/4" iron pipe found for the southeast
  34-19  corner of the said Clara Brooks Chastain Tract, being the southwest
  34-20  corner of that 199.65 acre tract conveyed to J.D. Carrol et. al. by
  34-21  deed recorded in Volume 2522, Page 442 of the said Deed Records;
  34-22        THENCE, with the common line between the said 214.8756 acre
  34-23  tract and the 199.65 acre tract for the following four (4) courses:
  34-24        1)  S5953'05"E, 941.26 feet to a 3/4" iron pipe found;
  34-25        2)  S5944'07"E, 887.29 feet to a 3/4" iron pipe found;
  34-26        3)  S5925'09"E, 385.48 feet to a 3/4" iron pipe found;
  34-27        4)  S5938'47"E, 520.87 feet to a 1/2" iron rod found for the
   35-1  most northerly northeast corner of the said 214.8756 acre tract,
   35-2  being the northwest corner of that 5.1589 acre tract conveyed to
   35-3  Gary L. Bradley, Trustee by deed recorded in Volume 8882, Page 748
   35-4  of the said Deed Records;
   35-5        THENCE, leaving the southerly line of the said 199.65 acre
   35-6  tract, with the common line between the 214.8756 acre tract and the
   35-7  5.1589 acre tract for the following two (2) courses:
   35-8        1)  S3030'08"W, 498.76 feet to a 1/2" iron rod found;
   35-9        2)  S5929'52"E, 450.00 feet to a 1/2" iron rod found for the
  35-10  most easterly northeast corner of the 214.8756 acre tract, being
  35-11  the southeast corner of the 5.1589 acre tract and a point in the
  35-12  westerly right-of-way line of Brodie Lane (right-of-way varies);
  35-13        THENCE, S3030'08"W, leaving the southerly line of the said
  35-14  5.1589 acre tract, with the easterly line of the 214.8756 acre
  35-15  tract, being the westerly right-of-way line of Brodie Lane, at
  35-16  1,161.13 feet pass a point in the aforesaid northerly right-of-way
  35-17  line of Slaughter Lane, at 1,311.13 feet pass a point in the
  35-18  aforesaid southerly right-of-way line of Slaughter Lane, for a
  35-19  total distance of 2,087.89 feet to a 1/2" iron rod found for the
  35-20  southeast corner of the abovesaid 214.8756 acre tract, being a
  35-21  point in the northerly line of that 400 acre tract conveyed to
  35-22  George Barker by deed recorded in Volume 409, Page 158 of the said
  35-23  Deed Records;
  35-24        THENCE, with the common line between the said 214.8756 acre
  35-25  tract and the 400 acre tract for the following eight (8) courses:
  35-26        1)  N5923'14"W, 357.99 feet to a 3/4" iron pipe found;
  35-27        2)  N5939'36"W, 234.36 feet to a 3/4" iron pipe found;
   36-1        3)  N6026'39"W, 371.13 feet to a 3/4" iron pipe found;
   36-2        4)  N6019'49"W, 607.54 feet to a 3/4" iron pipe found;
   36-3        5)  N6015'08"W, at 301.82 feet pass a concrete monument
   36-4  found, at 371.82 feet pass a concrete monument found, for a total
   36-5  distance of 968.19 feet to a 60d nail found in a fence post;
   36-6        6)  N6045'22"W, continuing with the southerly line of the
   36-7  said 214.8756 acre tract, 9.27 feet to a 60d nail found in a fence
   36-8  post;
   36-9        7)  N5935'12"W, continuing along the said southerly line of
  36-10  the 214.8756 acre tract, 815.61 feet to a 3/4" iron pipe found;
  36-11        8)  N5925'45"W, for a distance of 410.57 feet to a concrete
  36-12  monument found for the southwest corner of the said 214.8756 acre
  36-13  tract, being a point in the easterly line of the said 285.4585 acre
  36-14  tract and the northwest corner of the said 400 acre tract;
  36-15        THENCE, S3014'54"W, leaving the southerly line of the said
  36-16  214.8756 acre tract, with the westerly line of the 400 acre tract,
  36-17  at 1,600.00 feet pass a 5/8" iron rod found for the most southerly
  36-18  southeast corner of the 285.4585 acre tract, being a northeast
  36-19  corner of the said 2807.1345 acre tract, for a total distance of
  36-20  3,756.93 feet to a 60d nail found in a fence corner post for the
  36-21  most southerly southeast corner of the said 2807.1345 acre tract,
  36-22  being the northeast corner of that 2.72 acre tract conveyed to Ray
  36-23  McGee by deed recorded in Volume 4647, Page 31 of the said Deed
  36-24  Records;
  36-25        THENCE, N6309'43"W, leaving the westerly line of the said
  36-26  400 acre tract, with the southerly line of the 2807.1345 acre
  36-27  tract, 231.13 feet to a 1/2" iron rod found for the northwest
   37-1  corner of the said 2.72 acre tract, being the northeast corner of
   37-2  that 6.7580 acre tract conveyed to Gary L. Bradley, Trustee by deed
   37-3  recorded in Volume 10577, Page 414 of the Deed Records of Travis
   37-4  County, Texas;
   37-5        THENCE, N6226'14"W, at 425.00 feet pass a 1/2" iron rod
   37-6  found for the northwest corner of the said 6.7580 acre tract, being
   37-7  the northeast corner of that 1.0000 acre tract conveyed to Gary L.
   37-8  Bradley, Trustee by deed recorded in Volume 10577, Page 402 of the
   37-9  said Deed Records, at 575.00 feet pass a 1/2" iron rod found for
  37-10  the northwest corner of the abovesaid 1.0000 acre tract, being the
  37-11  northeast corner of that 1.0000 acre tract conveyed to Gary L.
  37-12  Bradley, Trustee by deed recorded in Volume 10577, Page 406 of the
  37-13  said Deed Records, at 725.00 feet pass a 1/2" iron rod found for
  37-14  the northwest corner of the abovesaid 1.0000 acre tract, being the
  37-15  northeast corner of that 1.0000 acre tract conveyed to Brian Lee
  37-16  Williamson by deed recorded in Volume 8901, Page 11 of the said
  37-17  Deed Records, at 875.00 feet pass a 1/2" iron rod found for the
  37-18  northwest corner of the abovesaid 1.0000 acre Williamson Tract,
  37-19  being the northeast corner of that 1.0000 acre tract conveyed to
  37-20  Gary L. Bradley, Trustee by deed recorded in Volume 10577, Page 410
  37-21  of the said Deed Records, at 1025.00 feet pass a 1/2" iron rod
  37-22  found for the northwest corner of the abovesaid 1.0000 acre tract,
  37-23  being a northerly northeast corner of that abovesaid 1.0000 acre
  37-24  tract, being a northerly northeast corner of the said 412.3003 acre
  37-25  tract, for a total distance of 1,952.31 feet to a 1/2" iron rod
  37-26  found;
  37-27        THENCE, with the common line between the said 2,807.1345 acre
   38-1  tract and the 412.3003 acre tract for the following three (3)
   38-2  courses:
   38-3        1)  N1354'38"E, 342.33 feet to a 1/2" iron rod found;
   38-4        2)  S8937'52"W, 501.38 feet to a 1/2" iron rod found;
   38-5        3)  S6347'26"W, 414.17 feet to a 1/2" iron rod found for the
   38-6  northeast corner of a 5.000 acre tract conveyed to Polly Blanton
   38-7  Brooks by a deed recorded in Volume 9807, Page 643 of the above
   38-8  said Deed Records;
   38-9        THENCE, through the 2,807.1345 acre tract, with the north,
  38-10  west, and southerly lines of the 5.000 acre tract, the following
  38-11  six (6) courses:
  38-12        1)  N6538'09"W, 415.32 feet to an iron rod found;
  38-13        2)  S5812'55"W, 207.33 feet to an iron rod found;
  38-14        3)  S0241'17"E, 301.21 feet to an iron rod found;
  38-15        4)  N8037'15"E, 92.49 feet to an iron rod found;
  38-16        5)  S7524'34"E, 416.79 feet to an iron rod found;
  38-17        6)  S8458'12"E, 142.05 feet to an iron rod found in the
  38-18  abovesaid common line between the 2,807.1345 acre tract and the
  38-19  412.3003 acre tract;
  38-20        THENCE, S1539'52"E, along the said common line, 171.37 feet
  38-21  to a 1/2" iron rod found;
  38-22        THENCE, continuing with the above said common line,
  38-23  S8718'43"W, 2,089.53 feet to a 1/2" iron rod found for the
  38-24  northeast corner of the said 85.033 acre tract;
  38-25        THENCE, across the said 412.3003 acre tract, with the
  38-26  southeasterly line of the said 85.033 acre tract (State Highway
  38-27  Loop 1), the following three (3) courses:
   39-1        1)  S5354'42"W, 276.49 feet to an iron rod found;
   39-2        2)  S3134'11"W, 1,886.12 feet to an iron rod found for the
   39-3  point of curvature of a curve to the left;
   39-4        3)  With the said curve to the left, having a radius of
   39-5  1,000.00 feet, a central angle of 2254'44", a chord distance of
   39-6  397.23 feet (chord bears S2006'49"W), for an arc distance of
   39-7  399.89 feet to an iron rod found for the intersection of the said
   39-8  northerly right-of-way line of State Highway 45 with the
   39-9  aforementioned common line between the 412.3003 acre tract and the
  39-10  99.56 acre, R. Alan Haywood, Trustee, tract; the found iron rod
  39-11  being also the northeast corner of the said 13.845 acre tract;
  39-12        THENCE, S8945'07"E, with the north line of the said 99.560
  39-13  acre tract, along the south line of the said 412.3003 acre tract,
  39-14  1,943.93 feet to an iron rod found;
  39-15        THENCE, S8941'17"E, leaving the said south line of the
  39-16  remainder of the 412.3003 acre tract, along the north line of the
  39-17  99.560 acre tract, for a distance of 436.73 feet to an iron rod
  39-18  found for the northeast corner of the 99.560 acre tract, being a
  39-19  northwest corner of that 118.757 acre tract conveyed by deed to
  39-20  Alain P. Reveilhac, Trustee by deed recorded in Volume 8993, Page
  39-21  867 of the said Deed Records;
  39-22        THENCE, S0047'45"W, along the common line between the said
  39-23  99.560 acre tract and the 118.757 acre tract, 932.88 feet to an
  39-24  iron rod found for the southeast corner of the aforesaid 99.560
  39-25  acre tract, being a northeast corner of the remainder of that
  39-26  723.85 acre tract conveyed to Jack Andrewartha by deed recorded in
  39-27  Volume 4413, page 388 of the said Deed Records;
   40-1        THENCE, N8944'18"W, leaving the west line of the said 118.57
   40-2  acre tract, along the common line between the 99.560 acre tract and
   40-3  the remainder of the 723.85 acre tract, at 2,115.36 feet pass an
   40-4  iron rod found for the southeast corner of the said 13.845 acre
   40-5  tract, at 2,615.10 feet pass an iron rod found for the southeast
   40-6  corner of the said 13.845 acre tract, for a total distance of
   40-7  4,644.68 feet to an iron rod found for the southwest corner of the
   40-8  aforesaid 99.560 acre tract, being a point in the east line of that
   40-9  283 acre tract conveyed to Ira Jon Yates by deed recorded in Volume
  40-10  7716, Page 845 of the said Deed Records;
  40-11        THENCE, N0030'28"E, leaving the said north line of the
  40-12  remainder of the 723.85 acre tract, along the common line between
  40-13  the 99.560 acre tract and the 283 acre tract, for a distance of
  40-14  932.24 feet to a 60d nail found in a fence corner post for the
  40-15  northwest corner of the said 99.560 acre tract, being the northeast
  40-16  corner of the aforesaid 283 acre tract and being in the southerly
  40-17  line of the said 412.003 acre tract;
  40-18        THENCE, S8945'07"E, leaving the east line of the said 283
  40-19  acre tract, along the south line of the remainder of the 412.3003
  40-20  acre tract, being the north line of the 99.560 acre tract, 1,329.07
  40-21  feet to an iron rod found on a curve to the left for the northwest
  40-22  corner of that 13.845 acre tract, being also the southwest corner
  40-23  of that 85.033 acre tract conveyed to Mopac South Transportation
  40-24  Corporation;
  40-25        THENCE, leaving the north line of the said 99.560 acre tract,
  40-26  across the said 412.3003 acre tract, along the southwest line of
  40-27  the 85.033 acre tract, for the following three (3) courses:
   41-1        1)  with the said curve to the left, having a radius of
   41-2  7,439.30 feet, a central angle of 0052'47", a chord distance of
   41-3  114.22 feet (chord bears N4125'15"W), for an arc distance of
   41-4  114.23 feet to an iron rod found for the point of tangency;
   41-5        2)  N4151'38"W, 2,184.35 feet to an iron rod found for the
   41-6  point of curvature of a curve to the left;
   41-7        3)  with the said curve to the left, having a radius of
   41-8  6,649.76 feet, a central angle of 0747'53", a chord distance of
   41-9  904.34 feet (chord bears N4545'35"W), for an arc distance of
  41-10  905.04 feet to an iron rod found for the intersection of the said
  41-11  southwest line of the 85.033 acre tract (State Highway 45) with the
  41-12  northerly line of the said 412.3003 acre tract, and the southerly
  41-13  line of the 2,807.1345 acre tract;
  41-14        THENCE, S8250'26"W, with the common line between the
  41-15  2,807.1345 acre tract and the 412.3003 acre tract, 2,560.06 feet to
  41-16  a 1/2" iron rod found in the west line of the said Samuel Hamilton
  41-17  Survey No. 16, being the east line of the Thomas Brite Survey No.
  41-18  65, for an ell corner of the said 2,807.1345 acre tract, being the
  41-19  northwest corner of that 412.3003 acre tract mentioned above;
  41-20        THENCE, S3031'27"W, along the west line of the Samuel
  41-21  Hamilton Survey No. 16 and the east line of the Thomas Brite Survey
  41-22  No. 65, for a distance of 561.26 feet to an iron rod found for a
  41-23  southerly corner of the said, 2,807.1345 acre tract; being a point
  41-24  in the north line of the said 283 acre tract;
  41-25        THENCE, S8344'05"W, with the common line between the
  41-26  2,807.1345 acre tract and the 283 acre tract, 58.21 feet to an iron
  41-27  rod found;
   42-1        THENCE, N8950'37"W, with the said common line, 502.68 feet
   42-2  to an iron rod found for the northwest corner of the aforesaid 283
   42-3  acre tract, and the northeast corner of the aforesaid 126.73 acre
   42-4  tract conveyed to Mrs. R. P.  Spillar;
   42-5        THENCE, leaving the south line of the 2,807.1345 acre tract,
   42-6  along the east line of said 126.73 acre Spillar Tract, as found
   42-7  fenced and used upon the ground, for the following three (3)
   42-8  courses:
   42-9        1)  S0033'17"W, for a distance of 952.64 feet to an iron pin
  42-10  set;
  42-11        2)  S0032'17"W, for a distance of 255.23 feet to an iron pin
  42-12  set;
  42-13        3)  S0035'17"W, for a distance of 528.60 feet to an iron pin
  42-14  set at or near the Southeast corner of the said 126.73 acre Spillar
  42-15  Tract, being at or near the Northeast corner of the said 1248.93
  42-16  acre Spillar Tract;
  42-17        THENCE, along the east line of the said 1248.93 acre Spillar
  42-18  Tract, as found fenced and used upon the ground, for the following
  42-19  four (4) courses:
  42-20        1)  S0852'43"E, for a distance of 291.92 feet to an iron pin
  42-21  set;
  42-22        2)  S0854'43"E, for a distance of 445.72 feet to an 60-d
  42-23  nail set;
  42-24        3)  S0004'17"W, for a distance of 1130.96 feet to an iron
  42-25  pin set;
  42-26        4)  S0002'43"E, for a distance of 382.21 feet to a
  42-27  calculated point on the approximate County Line between Travis and
   43-1  Hays Counties;
   43-2        THENCE, N4903'40"W, across the said 1,248.93 acre tract and
   43-3  the 126.73 acre tract, along the common line between Travis and
   43-4  Hays Counties, 3,986.48 feet to a calculated point in the westerly
   43-5  line of the aforesaid 126.73 acre tract;
   43-6        THENCE, along the West line of the said 126.73 acre Spillar
   43-7  Tract, as found fenced and used upon the ground, for the following
   43-8  seven (7) courses:
   43-9        1)  N0000'17"E, for a distance of 210.21 feet to an iron pin
  43-10  set;
  43-11        2)  N0000'43"W, for a distance of 332.68 feet to an iron pin
  43-12  set;
  43-13        3)  N0005'43"W, for a distance of 102.55 feet to an iron pin
  43-14  set;
  43-15        4)  N8659'43"W, for a distance of 332.58 feet to an iron pin
  43-16  set;
  43-17        5)  N8659'43"W, for a distance of 306.15 feet to an iron pin
  43-18  found;
  43-19        6)  N2917'17"E, for a distance of 565.14 feet to a 60-d nail
  43-20  found;
  43-21        7)  N2402'14"E, for a distance of 22.01 feet to a 60-d nail
  43-22  found in a fence post;
  43-23        THENCE, S6916'54"W leaving the westerly line of the said
  43-24  126.73 acre tract, in a southwesterly direction with the southerly
  43-25  fenced line of the 2,807.1345 acre tract, 760.45 feet to an iron
  43-26  rod found for the Travis and Hays County Lines;
  43-27        THENCE, N4903'54"W, leaving the southerly line of and
   44-1  crossing the said line of the 2,807.1345 acre tract, along the
   44-2  common line between Travis and Hays Counties, 3,364.02 feet to a
   44-3  concrete monument found for county marker Mile Post No. 19;
   44-4        THENCE, N4903'02"W, continuing across the said 2,807.1345
   44-5  acre tract, along the said line between Travis and Hays Counties,
   44-6  347.05 feet to a concrete monument found in the easterly
   44-7  right-of-way line of aforesaid State Highway FM 1826;
   44-8        THENCE, with the west line of the 2,807.1345 acre tract and
   44-9  the east right-of-way line of State Highway FM 1826, the following
  44-10  twelve (12) courses:
  44-11        1)  N0001'09"E, 1,166.34 feet to a concrete monument found;
  44-12        2)  N0017'55"E, for a distance of 388.69 feet to a concrete
  44-13  monument found at the point of curvature of a curve to the right;
  44-14        3)  with the said curve to the right having a central angle
  44-15  of 3047'38", a radius of 1,402.42 feet, a chord distance of 744.70
  44-16  feet (chord bears N1541'45"E), for an arc distance of 753.74 feet
  44-17  to the point of tangency;
  44-18        4)  N3105'55"E, for a distance of 1,682.33 feet to a
  44-19  concrete monument found at the point of curvature of a transition
  44-20  curve to the right;
  44-21        5)  with the said transition curve to the right having a
  44-22  central angle of 0649'48", a beginning radius of 2,834.50 feet, an
  44-23  ending radius of 2,829.50 feet, a chord distance of 337.10 feet
  44-24  (chord bears N3609'37"E) for an arc distance of 337.30 feet to a
  44-25  concrete monument found at the point of tangency;
  44-26        6)  N3756'03"E, a distance of 443.20 feet to an iron pipe
  44-27  found;
   45-1        7)  N3757'53"E, for a distance of 239.19 feet to a concrete
   45-2  monument found at the point of curvature of a curve to the left;
   45-3        8)  with the said curve to the left having a central angle of
   45-4  0726'32", a radius of 1,950.03 feet, a chord distance of 253.12
   45-5  feet (chord bears N3405'33"E) for an arc distance of 253.29 feet
   45-6  to a concrete monument found at the point of tangency;
   45-7        9)  N3029'37"E, for a distance of 1,017.58 feet to an iron
   45-8  rod found;
   45-9        10)  N3028'37"E, for a distance of 2,099.60 feet to a
  45-10  concrete right-of-way monument found at the point of curvature of a
  45-11  curve to the right;
  45-12        11)  with the said curve to the right, having a central angle
  45-13  of 4648'09", a radius of 1,105.91 feet, a chord distance of 878.46
  45-14  feet (chord bears N5353'50"E) for an arc distance of 903.37 feet
  45-15  to a concrete right-of-way monument found at the point of tangency;
  45-16        12)  N7719'10"E, for a distance of 189.23 feet to an iron
  45-17  pipe found, being the most westerly northwest corner of the above
  45-18  said 2,807.1345 acre tract, in the abandoned south right-of-way
  45-19  line of Old Austin-Driftwood Road;
  45-20        THENCE, leaving the said east right-of-way line of State
  45-21  Highway FM 1826 with the fenced north line of the 2,807.1345 acre
  45-22  tract, the following nine (9) courses and distances:
  45-23        1)  S6842'40"E, 378.51 feet to an iron pipe found;
  45-24        2)  S6341'44"E, 178.82 feet to an iron pipe found;
  45-25        3)  S2728'23"W, at 347.23 feet pass an iron pipe found 0.07
  45-26  feet to the west, for a total distance of 800.09 feet to an iron
  45-27  pipe found;
   46-1        4)  S2421'16"E, 538.49 feet to an iron pipe found;
   46-2        5)  S0552'50"E, 991.70 feet to an iron pipe found;
   46-3        6)  S5839'56"E, 1,085.30 feet to an iron pipe found;
   46-4        7)  N8847'49"E, 563.42 feet to an iron pipe found;
   46-5        8)  N6424'19"E, 951.91 feet to an iron rod found;
   46-6        9)  N3241'40"E, 470.77 feet to an iron pipe found;
   46-7        THENCE, N3236'10"E, continuing along the north line of the
   46-8  2,807.1345 acre tract, 412.97 feet to an iron pipe found in the
   46-9  south line of a 217.38 acre tract conveyed to 1826 Associates by
  46-10  deed recorded in Volume 3635, Page 634 of the said Deed Records;
  46-11        THENCE, S6024'36"E, with the apparent common line between
  46-12  the 2,807.1345 acre tract and the 217.38 acre tract, for a distance
  46-13  of 349.01 feet to an iron pipe found;
  46-14        THENCE, S5358'38"E, continuing with the said common line,
  46-15  for a distance of 533.96 feet to an iron pipe found for a northeast
  46-16  corner of the 2,807.1345 acre tract and a point in the west line of
  46-17  a 100.2215 acre tract conveyed to Carlene Hielscher Klaus by deed
  46-18  recorded in Volume 9724, Page 329; said pipe also being the end of
  46-19  a boundary line, set by Boundary Line Agreement in Volume 3922,
  46-20  Page 1668, both of the Deed Records of Travis County, Texas;
  46-21        THENCE, leaving the northerly line of the 2,807.1345 acre
  46-22  tract, along the common fenced line between the said 100.2215 acre
  46-23  Carlene H. Klaus Tract and the 217.38 acre tract, the following
  46-24  four (4) courses:
  46-25        1)  N2916'04"E, 374.23 feet to an iron rod found;
  46-26        2)  N3313'41"E, 507.32 feet to an iron rod found;
  46-27        3)  N2953'38"E, 440.11 feet to an iron rod found;
   47-1        4)  N3023'23"E, 98.78 feet to an iron rod found for the
   47-2  northwest corner of the said 100.2215 acre Klaus Tract, being the
   47-3  southwest corner of that 320 acre tract conveyed to Richard
   47-4  Hielscher by deed recorded in Volume 1212, Page 526 of the said
   47-5  Deed Records;
   47-6        THENCE, S5927'22"E, leaving the easterly line of the said
   47-7  217.38 acre tract, 737.66 feet to an iron rod found in the
   47-8  northerly line of the said 100.2215 acre Carlene H. Klaus Tract;
   47-9        THENCE, S5925'12"E, continuing with the northerly line of
  47-10  the said 100.2215 acre Klaus Tract, a distance of 252.58 feet to an
  47-11  iron rod found for the northeast corner of the aforesaid 100.2215
  47-12  acre Carlene H. Klaus Tract, being the northwest corner of the
  47-13  aforesaid 100.2215 acre Ursula H. Kutra Tract;
  47-14        THENCE, S5925'12"E, with the northerly line of the said
  47-15  100.2215 acre Ursula H. Kutra Tract, 512.23 feet to an iron rod
  47-16  found;
  47-17        THENCE, S5914'29"E, continuing along the northerly line of
  47-18  the said 100.2215 acre Ursula H. Kutra Tract, 512.87 feet to an
  47-19  iron rod found for the northeast corner of the aforesaid 100.2215
  47-20  acre tract, being the northwest corner of the said 100.2215 acre
  47-21  Amelia H. Mettke Tract;
  47-22        THENCE, S5914'29"E, with the northerly line of the said
  47-23  100.2215 acre Amelia H. Mettke Tract, 1,013.17 feet to an iron pipe
  47-24  found for the northeast corner of the aforesaid 100.2215 acre
  47-25  Amelia H. Mettke Tract, being a point in a westerly line of the
  47-26  said 2,807.1345 acre tract, and the southwest corner of the said
  47-27  320 acre tract;
   48-1        THENCE, N3005'58"E, with the easterly line of the said 320
   48-2  acre tract and the west line of the before mentioned 2,807.1345
   48-3  acre tract, at 250.00 feet pass a 1/2" iron rod found for the
   48-4  southwest corner of the said 79.9863 acre tract, for a total
   48-5  distance of 1,357.97 feet to a 60d nail found in a fence corner
   48-6  post;
   48-7        THENCE, N3049'14"E, with the common line between the said
   48-8  79.9863 acre tract and the 320 acre tract, 804.39 feet to a 60d
   48-9  nail found in a fence post;
  48-10        THENCE, N2750'15"E, continuing with the common line between
  48-11  the said 79.9863 acre tract and the 320 acre tract, 125.08 feet to
  48-12  a steel fence post found;
  48-13        THENCE, N3031'15"E, 204.35 feet to a 5/8" iron rod found;
  48-14        THENCE, N2957'23"E, continuing with the common line between
  48-15  the 79.9863 acre tract and the 320 acre tract, 360.74 feet to a
  48-16  5/8" iron rod found in the southeast line of the aforesaid 538.5087
  48-17  acre tract;
  48-18        THENCE, N2808'04"W, across the said 320 acre tract, with the
  48-19  southerly line of the 538.5087 acre tract, 2,025.54 feet to a 5/8"
  48-20  iron rod found on the centerline of the aforesaid existing Humble
  48-21  Pipeline Company, pipeline easement;
  48-22        THENCE, N7021'34"W, continuing across the said 320 acre
  48-23  tract, with the centerline of the said Humble Pipeline, 1,386.97
  48-24  feet to a 1/2" iron rod found for a southwest corner of the
  48-25  538.5087 acre tract and a point in the easterly line of that 3.48
  48-26  acre tract conveyed to Dan P. Scranton by deed recorded in Volume
  48-27  4217, Page 236 of the said deed records;
   49-1        THENCE, N3211'17"E, with a westerly line of the said
   49-2  538.5087 acre tract, at 144.68 feet pass a 5/8" iron rod found for
   49-3  the northeast corner of the 3.48 acre tract, being the southeast
   49-4  corner of that 3.45 acre tract conveyed to Arnold A. Jensen by deed
   49-5  recorded in Volume 7101, Page 123 of the said deed records, for a
   49-6  total distance of 404.54 feet to a 5/8" iron rod found for the
   49-7  northeast corner of the aforesaid 3.45 acre tract, being the
   49-8  southeast corner of that 3.42 acre tract conveyed to John T.
   49-9  Alexander Et Ux by deed recorded in Volume 5019, Page 1341 of the
  49-10  Deed Records of Travis County, Texas;
  49-11        THENCE, N3204'03"E, continuing with the said westerly line
  49-12  of the 538.5087 acre tract, 259.87 feet to a 5/8" iron rod found
  49-13  for the northeast corner of the said 3.42 acre tract, being the
  49-14  southeast corner of that 3.23 acre tract conveyed to L.  Van Sickle
  49-15  by deed recorded in Volume 4822, Page 1413 of the said Deed
  49-16  Records;
  49-17        THENCE, N3208'30"E, 199.96 feet to a 1/2" iron pipe found
  49-18  for an ell corner of the said 538.5087 acre tract, being the
  49-19  northeast corner of the 3.23 acre tract;
  49-20        THENCE, N5939'43"W, with the common line between the said
  49-21  538.5087 acre tract and the 3.23 acre tract, 28.23 feet to a 60d
  49-22  nail found in a cedar tree;
  49-23        THENCE, N4040'12"W, with the northerly line of the said 3.23
  49-24  acre tract, 238.75 feet to a 1/2" iron pipe found at a cattle guard
  49-25  for a southwest corner of the 538.5087 acre tract;
  49-26        THENCE, N6056'11"W, with the common line between the
  49-27  538.5087 acre tract and the 3.23 acre tract, 7.46 feet to a 1/2"
   50-1  iron pipe found;
   50-2        THENCE, N7539'02"W, continuing with the said common line
   50-3  between the 538.5087 acre tract and the 3.23 acre tract, 40.48 feet
   50-4  to a 5/8" iron rod found;
   50-5        THENCE, N5752'12"W, with the southerly line of the said
   50-6  538.5087 acre tract, 807.29 feet to a 1/2" iron rod found in the
   50-7  northerly line of that 3.41 acre tract conveyed to Edwin Dudley by
   50-8  deed recorded in Volume 6405, Page 1177 of the said deed records;
   50-9        THENCE, with the common line between the said 538.5087 acre
  50-10  tract and the 3.41 acre tract for the following three (3) courses:
  50-11        1)  N0729'32"W, 16.38 feet to a 60d nail found in a fence
  50-12  corner post at a cattle guard;
  50-13        2)  N6318'41"W, 6.83 feet to a 60d nail found in a fence
  50-14  corner post;
  50-15        3)  S8133'38"W, 17.89 feet to a 1/2" iron rod found for the
  50-16  northwest corner of the said 3.41 acre tract, being the most
  50-17  westerly southwest corner of the 538.5087 acre tract, and a point
  50-18  on the aforesaid easterly right-of-way line of State Highway F.M.
  50-19  1826;
  50-20        THENCE, with the common line between the 538.5087 acre tract
  50-21  and the easterly right-of-way line of State Highway F.M. 1826 for
  50-22  the following four (4) courses:
  50-23        1)  N3054'59"E, 632.18 feet to a concrete right-of-way
  50-24  monument found 40.00 feet left of State Highway Centerline Station
  50-25  73+30.5;
  50-26        2)  N2827'31"E, 393.09 feet to a concrete right-of-way
  50-27  monument found for the point of curvature of a curve to the left,
   51-1  40.00 feet left of State Highway Centerline Station 69+38.5;
   51-2        3)  with the said curve to the left having a central angle of
   51-3  0630'44", a radius of 3,859.21 feet, a chord distance of 438.40
   51-4  feet (chord bears N2504'58"E) for an arc distance of 438.64 feet
   51-5  to a concrete right-of-way monument found for the point of
   51-6  tangency, 40.00 feet left of State Highway Centerline Station
   51-7  65+03;
   51-8        4)  N2150'08"E, 774.26 feet to the PLACE OF BEGINNING,
   51-9  CONTAINING within these metes and bounds 4,661.248 acres of land
  51-10  area.
  51-11        SECTION 6.02.  FINDINGS RELATED TO BOUNDARIES.  The
  51-12  legislature finds that the boundaries and field notes of the
  51-13  district form a closure.  A mistake in the field notes or in
  51-14  copying the field notes in the legislative process does not affect
  51-15  the organization, existence, or validity of the district, the right
  51-16  of the district to issue bonds or refunding bonds or to pay the
  51-17  principal of or interest on bonds, the right of the district to
  51-18  levy and collect taxes, or the legality or operation of the
  51-19  district  or its board.
  51-20        SECTION 6.03.  FINDING OF BENEFIT.  All of the land and other
  51-21  property included within the boundaries of the district will be
  51-22  benefitted by the works and projects that are to be accomplished by
  51-23  the district under powers conferred by this Act.  The district is
  51-24  created to serve a public use and benefit.
  51-25        SECTION 6.04.  ADDITION OF TERRITORY.  (a)  In accordance
  51-26  with this section, the district may annex additional territory in
  51-27  Travis County that is:
   52-1              (1)  located in the Bear Creek, Slaughter Creek, or
   52-2  Williamson Creek watersheds; and
   52-3              (2)  not located in the corporate limits of a
   52-4  municipality.
   52-5        (b)  Proceedings for the annexation of territory by the
   52-6  district may only be initiated by a petition signed by the owners
   52-7  of the land proposed to be annexed.  The petition must request that
   52-8  the board hold a public hearing on the matters set out in the
   52-9  petition.
  52-10        (c)  The board shall hear and consider the petition and may
  52-11  annex the territory if the board determines that the land should be
  52-12  annexed.
  52-13        (d)  The consent of a municipality or other governmental
  52-14  entity or political subdivision of the state is not required for
  52-15  any annexation of territory by the district.
  52-16        (e)  In a calendar year, the district may not annex a total
  52-17  area greater than 10 percent of the area of the district territory
  52-18  on January 1 of that year plus any amount carried over to that year
  52-19  under this subsection, except that the district may not annex in a
  52-20  calendar year a total area greater than 30 percent of the area of
  52-21  the district territory as of January 1 of that year.  If the
  52-22  district fails to annex in a calendar year the entire 10 percent
  52-23  amount permitted under this subsection, the district may carry over
  52-24  the unused allocation for use in subsequent calendar years.  For
  52-25  the calendar year 1995, the district may not annex a total area
  52-26  greater than 10 percent of the district territory on the effective
  52-27  date of this Act.  Notwithstanding this subsection, the district
   53-1  territory may not exceed 8,000 acres.
   53-2                 ARTICLE 7.  MISCELLANEOUS PROVISIONS
   53-3        SECTION 7.01.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
   53-4  (a)  The proper and legal notice of the intention to introduce this
   53-5  Act, setting forth the general substance of this Act, has been
   53-6  published as provided by law, and the notice and a copy of this Act
   53-7  have been furnished to all persons, agencies, officials, or
   53-8  entities to which they are required to be furnished by the
   53-9  constitution and other laws of this state, including the governor,
  53-10  who has submitted the notice and the Act to the Texas Natural
  53-11  Resource Conservation Commission.
  53-12        (b)  The Texas Natural Resource Conservation Commission has
  53-13  filed its recommendations relating to this Act with the governor,
  53-14  lieutenant governor, and speaker of the house of representatives
  53-15  within the required time.
  53-16        (c)  All requirements of the constitution and laws of this
  53-17  state and of the rules and procedures of the legislature with
  53-18  respect to the notice, introduction, and passage of this Act are
  53-19  fulfilled and accomplished.
  53-20        SECTION 7.02.  EXISTING COUNTIES, RIVER AUTHORITIES, AND
  53-21  UNDERGROUND WATER CONSERVATION DISTRICTS.  (a)  Notwithstanding any
  53-22  provision of this Act, this Act does not impair, limit, supersede,
  53-23  or alter the powers, rights, privileges, duties, functions, or
  53-24  jurisdiction of a river authority in existence on the effective
  53-25  date of this Act the territory of which comprises at least three
  53-26  counties and includes all or part of the district, except that such
  53-27  a river authority may not impose or apply any regulatory ordinance,
   54-1  rule, or regulation within the district without the agreement of
   54-2  the district.
   54-3        (b)  Notwithstanding any provision of this Act, this Act does
   54-4  not impair, limit, supersede, or alter the powers, rights,
   54-5  privileges, duties, functions, or jurisdiction of an underground
   54-6  water conservation district created under or governed by Chapter
   54-7  52, Water Code, or a county in existence on the effective date of
   54-8  this Act, the territory of which includes all or part of the
   54-9  district, except that such an underground water conservation
  54-10  district or county may not impose or apply without agreement of the
  54-11  district any regulatory ordinance, rule, or regulation within the
  54-12  district that:
  54-13              (1)  is inconsistent with the requirements of Sections
  54-14  3.01(c)(4) and 3.07(a) of this Act; or
  54-15              (2)  has not been adopted and approved by the board of
  54-16  directors of the underground water conservation district or
  54-17  commissioners court of the county, as applicable.
  54-18        SECTION 7.021.  Notwithstanding any other provision of this
  54-19  Act, this Act shall not limit, impair, supersede, or alter the
  54-20  powers, duties, rights, privileges, functions, or jurisdiction of a
  54-21  groundwater conservation district created under Section 59, Article
  54-22  XVI, Texas Constitution, in existence on the effective date of this
  54-23  Act that is composed in whole or in part of the territory of the
  54-24  district.
  54-25        SECTION 7.03.  EXISTING SERVICE.  A local government
  54-26  providing water, wastewater, drainage, or solid waste disposal
  54-27  service to an area within the district on January 1, 1995, shall
   55-1  continue to provide the service to all applicants for the service
   55-2  located within the local government's service area on January 1,
   55-3  1995.  If, on January 1, 1995, a contract exists that applies to a
   55-4  local government's provision of water, wastewater, drainage, or
   55-5  solid waste disposal service within the district, then the local
   55-6  government's obligation to provide service is governed by the
   55-7  contract during the contract's term.
   55-8        SECTION 7.04.  SEVERABILITY.  If any portion of this Act or
   55-9  the application of any portion of this Act to any person or set of
  55-10  circumstances is held by a court to be unconstitutional, void,
  55-11  invalid, or unenforceable, the validity of the remaining portions
  55-12  of this Act or the application of the challenged portion of the Act
  55-13  to other persons or sets of circumstances shall not be affected by
  55-14  the court's holding.  It is the intent of the legislature in
  55-15  adopting this Act that no portion of the Act become inoperative or
  55-16  fail by reason of the unconstitutionality or invalidity of any
  55-17  other portion of the Act.
  55-18        SECTION 7.05.  EMERGENCY.  The importance of this legislation
  55-19  and the crowded condition of the calendars in both houses create an
  55-20  emergency and an imperative public necessity that the
  55-21  constitutional rule requiring bills to be read on three several
  55-22  days in each house be suspended, and this rule is hereby suspended,
  55-23  and that this Act take effect and be in force from and after its
  55-24  passage, and it is so enacted.