H.B. No. 3193
    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; granting the power of eminent domain.
    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.  The district is a
   1-10  governmental agency and a body politic and corporate.
   1-11        (b)  The district is created under and is essential to
   1-12  accomplish the purposes of Section 59, Article XVI, Texas
   1-13  Constitution.
   1-14        SECTION 1.02.  DEFINITIONS.  In this Act:
   1-15              (1)  "Board" means the board of directors of the
   1-16  district.
   1-17              (2)  "Commission" means the Texas Natural Resource
   1-18  Conservation Commission.
   1-19              (3)  "Director" means a member of the board.
   1-20              (4)  "Disposal system" means any system for disposing
   1-21  of waste, including a sewer system, drainage system, or treatment
   1-22  facility.
   1-23              (5)  "District" means the Southwest Travis County Water
   1-24  District.
    2-1              (6)  "Local government" means a municipality, county,
    2-2  river authority, or water district or authority acting under
    2-3  Section 52, Article III, or Section 59, Article XVI, Texas
    2-4  Constitution.
    2-5              (7)  "Person" has the meaning assigned by Section
    2-6  311.005, Government Code.
    2-7              (8)  "Pollution" has the meaning assigned by Section
    2-8  26.001, Water Code.
    2-9              (9)  "System" means a network of pipelines, conduits,
   2-10  canals, pumping stations, force mains, and all other constructions,
   2-11  devices, and related appliances used to transport water or waste.
   2-12              (10)  "Treatment facility" means a plant, disposal
   2-13  field, lagoon, incinerator, sanitary landfill, or other facility
   2-14  installed for the purpose of treating, neutralizing, or stabilizing
   2-15  waste.
   2-16              (11)  "Waste" means waterborne liquid, gaseous, or
   2-17  solid substances that result from a discharge from a treatment
   2-18  facility or disposal system.
   2-19              (12)  "Water" means groundwater, percolating or
   2-20  otherwise, and a lake, pond, impounding reservoir, spring, river,
   2-21  stream, creek, canal, or any other surface water, natural or
   2-22  artificial, navigable or nonnavigable, that is wholly or partially
   2-23  in the district.
   2-24                 ARTICLE 2.  ADMINISTRATIVE PROVISIONS
   2-25        SECTION 2.01.  BOARD.  (a)  The district's powers, rights,
   2-26  duties, and functions are exercised by a board of directors.
   2-27        (b)  The board consists of nine members appointed by the
    3-1  governor.
    3-2        SECTION 2.02.  DIRECTOR ELIGIBILITY.  To be eligible for
    3-3  appointment as a director, a person must be a resident of Travis
    3-4  County.  At least seven of the directors must reside in the
    3-5  district.
    3-6        SECTION 2.03.  TERMS OF DIRECTORS AND APPOINTMENT PROCEDURES.
    3-7  (a)  Other than initial directors, directors are appointed for
    3-8  staggered terms of six years with three members' terms expiring
    3-9  September 1 of each odd-numbered year.
   3-10        (b)  Appointment of initial directors shall be made promptly
   3-11  after this Act takes effect.  The governor shall appoint three
   3-12  initial directors to serve a term expiring September 1, 1997, three
   3-13  initial directors to serve a term expiring September 1, 1999, and
   3-14  three initial directors to serve a term expiring September 1, 2001.
   3-15        (c)  When a director's term expires, the governor shall
   3-16  appoint a successor.
   3-17        (d)  When a director dies, resigns, or is otherwise removed,
   3-18  the governor shall appoint a successor to serve for the unexpired
   3-19  term.
   3-20        SECTION 2.04.  QUALIFICATION OF DIRECTOR.  Each director must
   3-21  qualify to serve as director in the manner provided by Sections
   3-22  51.0721, 51.078, and 51.079, Water Code.  The district shall pay
   3-23  the premiums for each director's bond required under Section
   3-24  51.079, Water Code.
   3-25        SECTION 2.05.  MEETINGS AND ACTIONS OF THE BOARD.  (a)  The
   3-26  board shall adopt bylaws at its first meeting or as soon after the
   3-27  first meeting as is practicable.
    4-1        (b)  The board shall meet at least four times each year, and
    4-2  may meet at any other time provided in its bylaws.
    4-3        (c)  A majority of the directors constitutes a quorum for the
    4-4  transaction of business.  Except as otherwise provided in this Act,
    4-5  the vote of a majority of directors present at a meeting at which a
    4-6  quorum is present is required for board action.
    4-7        SECTION 2.06.  ORGANIZATION OF BOARD.  (a)  The board shall
    4-8  elect from its members a chair, vice chair, secretary, and other
    4-9  officers as necessary.  A person elected to a board office serves
   4-10  in that capacity for a period of two years or until the person
   4-11  ceases to be a director, whichever occurs first.  An officer's
   4-12  period of service begins at a time provided by the bylaws.
   4-13        (b)  If a vacancy occurs in a board office, the directors
   4-14  shall elect a person to fill the unexpired period of service at the
   4-15  next board meeting.
   4-16        (c)  The board by its bylaws shall prescribe:
   4-17              (1)  the powers and duties of each board office; and
   4-18              (2)  procedures to remove a director from a board
   4-19  office.
   4-20        SECTION 2.07.  INTEREST IN CONTRACT.  A director who is
   4-21  financially interested in a contract proposed to be executed by the
   4-22  district for the purchase of property or services or the
   4-23  construction of facilities shall disclose the interest to the board
   4-24  and may not vote on acceptance of the contract.
   4-25        SECTION 2.08.  DIRECTOR'S COMPENSATION.  (a)  Subject to
   4-26  Subsection (b), a director is entitled to receive an allowance of
   4-27  $50 a day and reimbursement for actual and necessary expenses
    5-1  incurred:
    5-2              (1)  for each day the director attends a meeting of the
    5-3  board; and
    5-4              (2)  for each day the board authorizes the director to
    5-5  attend to district business.
    5-6        (b)  A director may not receive a per diem allowance for more
    5-7  than 20 days in a calendar year.
    5-8        SECTION 2.09.  GENERAL MANAGER.  (a)  The board shall employ
    5-9  a general manager for a term and salary set by the board.
   5-10        (b)  The general manager is the chief executive officer of
   5-11  the district.  In accordance with policies adopted by the board,
   5-12  the general manager is responsible for:
   5-13              (1)  administering the board's directives;
   5-14              (2)  keeping the district's records, including minutes
   5-15  of board meetings;
   5-16              (3)  coordinating with state, federal, and local
   5-17  agencies;
   5-18              (4)  developing plans and programs for the board's
   5-19  approval;
   5-20              (5)  hiring, supervising, training, and discharging the
   5-21  district's employees;
   5-22              (6)  obtaining technical, scientific, legal, fiscal,
   5-23  and other professional services; and
   5-24              (7)  performing any other duties the board assigns.
   5-25        (c)  The board may discharge the general manager.
   5-26        SECTION 2.10.  EMPLOYEES BONDS.  (a)  The general manager and
   5-27  each employee of the district who is charged with the collection,
    6-1  custody, or payment of any money of the district shall execute a
    6-2  fidelity bond in an amount determined by the board and in a form
    6-3  and with a surety approved by the board.
    6-4        (b)  The district shall pay the premiums on the employees'
    6-5  bonds under this section.
    6-6        SECTION 2.11.  PRINCIPAL OFFICE.  The district shall maintain
    6-7  its principal office inside the district.
    6-8        SECTION 2.12.  RECORDS.  (a)  The district shall keep:
    6-9              (1)  complete and accurate accounts of its business
   6-10  transactions in accordance with generally accepted methods of
   6-11  accounting;
   6-12              (2)  complete and accurate minutes of its meetings; and
   6-13              (3)  its accounts, contracts, documents, minutes, and
   6-14  other records at its principal office.
   6-15        (b)  The district shall permit reasonable public inspection
   6-16  of its records during regular business hours.
   6-17        SECTION 2.13.  SEAL.  The district shall adopt a seal and may
   6-18  change the seal from time to time.
   6-19        SECTION 2.14.  SUIT.  The district may sue and be sued in its
   6-20  corporate name.
   6-21                     ARTICLE 3.  POWERS AND DUTIES
   6-22        SECTION 3.01.  GENERAL POWERS AND DUTIES.  (a)  The district
   6-23  shall:
   6-24              (1)  administer and enforce the terms of this Act;
   6-25              (2)  use its facilities and powers to accomplish the
   6-26  purposes of this Act;
   6-27              (3)  coordinate the provision of water, wastewater, and
    7-1  drainage services in the district; and
    7-2              (4)  control and abate water pollution in the district.
    7-3        (b)  Except as otherwise provided in this Act, the creation
    7-4  of a local government or political subdivision in the district is
    7-5  prohibited unless approved by board resolution.  Annexation of
    7-6  district territory by a local government or political subdivision
    7-7  is prohibited unless approved by all owners of land to be annexed
    7-8  and by board resolution.  All area within the district is removed
    7-9  and excluded from the extraterritorial jurisdiction of any local
   7-10  government or other political subdivision in the state.
   7-11        (c)  Subject only to the authority of the commission and of a
   7-12  groundwater conservation district in existence on the effective
   7-13  date of this Act that is composed in whole or in part of the
   7-14  territory of the district, the district has exclusive authority in
   7-15  the district, superseding the authority of any local government,
   7-16  except a groundwater conservation district in existence on the
   7-17  effective date of this Act, to:
   7-18              (1)  regulate septic tanks;
   7-19              (2)  prohibit the pollution of and enforce rules
   7-20  regarding any stream, drain, or tributary that may constitute a
   7-21  source of water supply;
   7-22              (3)  adopt and enforce rules protecting a watershed;
   7-23              (4)  provide for the protection and management of an
   7-24  endangered species located within the district or affected by
   7-25  activities in the district;
   7-26              (5)  regulate the subdivision of land;
   7-27              (6)  regulate all zoning and land use;
    8-1              (7)  regulate resource extraction activities; and
    8-2              (8)  regulate the use and development of public
    8-3  parkland.
    8-4        (d)  Subject only to the authority of the commission and of a
    8-5  groundwater conservation district in existence on the effective
    8-6  date of this Act that is composed in whole or in part of the
    8-7  territory of the district, the district has exclusive authority,
    8-8  superseding the authority of any local government, except a
    8-9  groundwater conservation district in existence on the effective
   8-10  date of this Act, to:
   8-11              (1)  coordinate the provision of water, wastewater, or
   8-12  drainage services within, to, or from the district; and
   8-13              (2)  control or abate water pollution within or caused
   8-14  within the district.
   8-15        (e)  Except as expressly limited by this Act, the district
   8-16  has all powers, rights, and privileges necessary and convenient for
   8-17  accomplishing the purposes of this Act that are conferred by
   8-18  general law upon any conservation and reclamation district created
   8-19  pursuant to Section 59, Article XVI, Texas Constitution.
   8-20        (f)  The powers granted to the district in this Act are
   8-21  cumulative of all powers granted by other law.
   8-22        SECTION 3.02.  DISTRICT RULES.  (a)  The district shall adopt
   8-23  and enforce rules reasonably required to implement this Act,
   8-24  including rules governing procedure and practice before the board.
   8-25        (b)  The district shall print its rules and furnish copies of
   8-26  the rules to any person on written request.
   8-27        SECTION 3.03.  INSPECTIONS AND INVESTIGATIONS.  The district
    9-1  may enter public or private property in the district's territory
    9-2  for the purpose of inspecting and investigating conditions relating
    9-3  to its authorized purposes under the same provisions and
    9-4  restrictions applicable to the commission.
    9-5        SECTION 3.04.  HEARING AND ORDER.  (a)  The board may:
    9-6              (1)  hold hearings, receive evidence from any party in
    9-7  interest who appears before the board, compel the attendance of
    9-8  witnesses, and make findings of fact and determinations with
    9-9  respect to administering this Act or any order or rule of the
   9-10  district; and
   9-11              (2)  delegate to one or more of its members or
   9-12  employees the authority to take testimony and administer oaths in
   9-13  any hearing held or authorized to be held by the district.
   9-14        (b)  An order of the board must be:
   9-15              (1)  in the district's name; and
   9-16              (2)  attested by proper members of the board under the
   9-17  district's rules.
   9-18        SECTION 3.05.  CIVIL PENALTY; INJUNCTION.  (a)  A person who
   9-19  violates a rule, permit, or order of the district is subject to a
   9-20  civil penalty of not less than $50 and not more than $1,000 for
   9-21  each violation or each day of a continuing violation.
   9-22        (b)  The district may sue to recover the penalty in a
   9-23  district court in the county where the violation occurred.  The
   9-24  penalty shall be paid to the district.
   9-25        (c)  The district may sue for injunctive relief in a district
   9-26  court in the county where a violation of its rule, permit, or order
   9-27  occurs or is threatened to occur.  The court may grant to the
   10-1  district, without bond or other undertaking, a prohibitory or
   10-2  mandatory injunction that the facts warrant, including a temporary
   10-3  restraining order, temporary injunction, or permanent injunction.
   10-4        (d)  The district may sue for injunctive relief and a civil
   10-5  penalty in the same proceeding.
   10-6        (e)  The commission is a necessary party to a suit brought
   10-7  under this section.
   10-8        SECTION 3.06.  COURT REVIEW.  (a)  A person who is adversely
   10-9  affected by a rule, act, or order of the district may sue the
  10-10  district in district court to set aside the rule, act, or order.
  10-11        (b)  The suit must be filed not later than the 60th day after
  10-12  the date on which the rule, act, or order takes effect.
  10-13        (c)  If a person challenges in court the validity of all or
  10-14  any portion of this Act and does not prevail in the challenge, the
  10-15  court shall order the person to pay the reasonable attorney's fees,
  10-16  expert witness fees, and other costs incurred by all opposing
  10-17  parties in defending this Act.
  10-18        SECTION 3.07.  WATER QUALITY STANDARDS AND CRITERIA.  (a)
  10-19  The board shall prescribe a water pollution control and abatement
  10-20  program for the district after public hearing.  The program must:
  10-21              (1)  apply equally and uniformly throughout the
  10-22  district; and
  10-23              (2)  be designed to achieve state water quality
  10-24  standards adopted by the commission.
  10-25        (b)  The district shall submit the program to the commission
  10-26  for review and approval.  The commission by rule may provide
  10-27  criteria for the review and approval of the program, based on
   11-1  achieving state water quality standards adopted by the commission.
   11-2        (c)  If the commission finds that the proposed program will
   11-3  not achieve state water quality standards, it shall notify the
   11-4  district in writing of the specific objections not later than the
   11-5  30th day after receipt of the proposed program.  The district may
   11-6  amend the proposed program in response to the commission's
   11-7  objections.  If the district amends the proposed program in
   11-8  response to the commission's objections, the commission shall
   11-9  promptly notify the district in writing whether the commission
  11-10  approves the proposal as amended.
  11-11        (d)  If the commission does not notify the district that it
  11-12  objects to the proposed program as required by Subsection (c), the
  11-13  program shall become operative on the 31st day after the commission
  11-14  receives the proposed program.  If the commission notifies the
  11-15  district as required by Subsection (c) that it finds the proposed
  11-16  program will not achieve state water quality standards, the program
  11-17  may not become operative until the date on which the commission
  11-18  approves the program.
  11-19        (e)  The commission shall adopt and assess fees adequate to
  11-20  recover the costs of the commission in administering this section.
  11-21        SECTION 3.08.  WATER, WASTEWATER, OR DRAINAGE CONTROL PLANS.
  11-22  (a)  The district shall, as needed, develop, prepare, and revise
  11-23  comprehensive water, wastewater, or drainage control plans for
  11-24  various areas of the district.  The plans must be consistent with
  11-25  state water quality standards adopted by the commission.
  11-26        (b)  This Act does not authorize the district to:
  11-27              (1)  develop, own, or operate a surface water dam or
   12-1  reservoir for potable water supply purposes; or
   12-2              (2)  limit or supersede an existing water management
   12-3  plan, water right, or water supply or wastewater treatment facility
   12-4  of a river authority in existence on the effective date of this Act
   12-5  the territory of which comprises at least three counties and
   12-6  includes all or part of the district territory.
   12-7        (c)  The plans must comply with all requirements of the
   12-8  National Flood Insurance Program, as prescribed by Subchapter I,
   12-9  Chapter 16, Water Code.
  12-10        SECTION 3.09.  SEPTIC TANKS.  (a)  If the district finds that
  12-11  the nature of the soil or drainage in the district requires
  12-12  regulation of septic tanks to prevent water pollution  or to
  12-13  protect the public health, the district by rule may:
  12-14              (1)  restrict the number and types of septic tanks
  12-15  permitted in a specified area;
  12-16              (2)  forbid the use of a septic tank in a specified
  12-17  area;
  12-18              (3)  forbid the installation of a new septic tank in a
  12-19  specified area;
  12-20              (4)  establish a permit system for the installation of
  12-21  a new septic tank in a specified area; or
  12-22              (5)  seek a gradual reduction of the number or types of
  12-23  septic tanks in a specified area.
  12-24        (b)  Before the board adopts a rule under this section, the
  12-25  board shall:
  12-26              (1)  consult with the commission; and
  12-27              (2)  hold a public hearing in the area to be affected
   13-1  by the rule.
   13-2        SECTION 3.10.  SUBDIVISIONS.  (a)  Subject only to the power
   13-3  and jurisdiction, as modified by this Act, of a county under
   13-4  Chapter 232, Local Government Code, the district has the exclusive
   13-5  power and jurisdiction, superseding the power and jurisdiction of
   13-6  any other local government, to approve a plat or replat required of
   13-7  a tract of land located within the district.  A plat or replat may
   13-8  not be filed with the county clerk without the approval of both the
   13-9  district and the county with jurisdiction over the land.
  13-10        (b)  Subject to Subsection (a) of this section, the district
  13-11  must approve a plat or replat that satisfies the requirements
  13-12  established by the commissioners court of the county under Section
  13-13  232.003, Local Government Code.  The district shall act on a plat
  13-14  or replat not later than the 60th day after the date the plat or
  13-15  replat is filed.  A plat or replat is approved unless before the
  13-16  61st day after the date the plat or replat is filed:
  13-17              (1)  the plat or replat is expressly disapproved; and
  13-18              (2)  a statement of the specific manner in which the
  13-19  plat or replat fails to satisfy all applicable regulations is given
  13-20  to the owner of the land included in the plat or replat.
  13-21        (c)  With respect to land within the district, the district
  13-22  may not regulate:
  13-23              (1)  the use of any building or property for business,
  13-24  industrial, residential, or other purposes;
  13-25              (2)  the size, bulk, height, location, or number of
  13-26  buildings and other structures that may be constructed or the ratio
  13-27  of building area to land area;
   14-1              (3)  the number of residential units that may be built;
   14-2  or
   14-3              (4)  the size of yards, courts, other open areas, or
   14-4  the impervious cover that may be constructed on a tract of land.
   14-5        SECTION 3.11.  MUNICIPAL UTILITY DISTRICTS.  (a)  The
   14-6  creation of a municipal utility district in the district shall be
   14-7  regulated only by the commission.  The consent of the district or
   14-8  any local government or other political subdivision in the state is
   14-9  not required to create a municipal utility district in the
  14-10  district.
  14-11        (b)  The district has exclusive authority to enforce, amend,
  14-12  or terminate the provisions of any agreement between or that
  14-13  applies to a municipal utility district located within the district
  14-14  and any local government or other political subdivision in the
  14-15  state relating to:
  14-16              (1)  land use or site plans;
  14-17              (2)  restrictive covenants;
  14-18              (3)  the provision of drainage and solid waste disposal
  14-19  services;
  14-20              (4)  the regulation of septic tanks;
  14-21              (5)  the control and abatement of water pollution;
  14-22              (6)  the prohibition of pollution and policing of any
  14-23  source of water supply; or
  14-24              (7)  the protection and policing of watersheds within
  14-25  the district.
  14-26        (c)  The authority granted by Subsection (b) of this section
  14-27  supersedes the authority of any local government or other political
   15-1  subdivision in the state regarding the matters described by
   15-2  Subsection (b) of this section, other than the authority of a
   15-3  county to enforce, amend, or terminate an agreement pertaining to
   15-4  landscape maintenance or a license agreement in the public
   15-5  rights-of-way.
   15-6        (d)  The rules of the district in effect at the time a
   15-7  petition for creation of a municipal utility district is filed with
   15-8  the commission remain applicable to all land within the municipal
   15-9  utility district until all bonds issued by the municipal utility
  15-10  district have been paid.  After a municipal utility district issues
  15-11  bonds for a project approved by the commission, the district or a
  15-12  local government or other political subdivision of the state may
  15-13  not impose a requirement or condition on the municipal utility
  15-14  district that may adversely affect the data, profiles, maps, plans
  15-15  and specifications, or land use used to determine the feasibility
  15-16  of the project or the financial feasibility or tax base of the
  15-17  municipal utility district, unless the requirement or condition is
  15-18  made specifically to comply with state or federal law or applies
  15-19  only after the bonds issued by the municipal utility district have
  15-20  been paid.  Any requirement or condition imposed on a municipal
  15-21  utility district in conflict with this section is void.
  15-22        SECTION 3.12.  ACQUISITION, CONSTRUCTION, AND OPERATION OF
  15-23  SYSTEMS.  The district may:
  15-24              (1)  acquire and provide by purchase, gift, or lease
  15-25  any water service, wastewater service, drainage service, or
  15-26  disposal service within the district;
  15-27              (2)  construct a disposal system and provide disposal
   16-1  services within the district;
   16-2              (3)  operate or sell a disposal system the district
   16-3  constructs or acquires;
   16-4              (4)  contract with any person to operate or maintain a
   16-5  disposal system the person owns; and
   16-6              (5)  contract with any person to train or supervise
   16-7  employees of a disposal system.
   16-8        SECTION 3.13.  SYSTEM CONTRACTS.  (a)  The district may
   16-9  contract to receive and treat or dispose of water, wastewater,
  16-10  drainage, or wastes from any person in the district.
  16-11        (b)  In a contract under this section, the district shall set
  16-12  fees on the basis of:
  16-13              (1)  the quality and quantity of the water, wastewater,
  16-14  drainage, or waste;
  16-15              (2)  the difficulty in treating or disposing of the
  16-16  water, wastewater, drainage, or waste;
  16-17              (3)  operation and maintenance expenses and debt
  16-18  retirement service costs; and
  16-19              (4)  any other reasonable consideration.
  16-20        SECTION 3.14.  SALE OF WATER OR BY-PRODUCT.  The district may
  16-21  store and sell:
  16-22              (1)  water; or
  16-23              (2)  a by-product from the district's operations.
  16-24        SECTION 3.15.  PERMITS FROM COMMISSION.  (a)  The district
  16-25  may apply to the commission for a permit to appropriate water.
  16-26        (b)  The district may apply to the commission for a water
  16-27  storage or use permit to store and sell water under Section 3.12 of
   17-1  this Act.
   17-2        SECTION 3.16.  EMINENT DOMAIN.  (a)  Except as provided by
   17-3  Subsection (b), the district may exercise the power of eminent
   17-4  domain under Chapter 21, Property Code, to acquire property of any
   17-5  kind in Travis County that is:
   17-6              (1)  appropriate for the exercise of the district's
   17-7  functions; and
   17-8              (2)  within the district or adjacent to the district.
   17-9        (b)  The district may not exercise the power of eminent
  17-10  domain to acquire the property of a river authority in existence on
  17-11  the effective date of this Act the territory of which comprises at
  17-12  least three counties and includes all or part of the district
  17-13  territory.
  17-14        (c)  The district may not exercise the power of eminent
  17-15  domain to acquire property for any purpose not expressly granted to
  17-16  the district by this Act and may not exercise the power of eminent
  17-17  domain to acquire property adjacent to and outside the district for
  17-18  any purpose other than the purposes set forth in Sections
  17-19  3.01(a)(3) and 3.01(a)(4) of this Act.
  17-20        SECTION 3.17.  RELOCATION OF FACILITIES.  If the district
  17-21  requires relocating, raising, lowering, rerouting, changing the
  17-22  grade of, or altering the construction of a railroad, highway,
  17-23  pipeline, or an electric transmission or distribution, telegraph,
  17-24  or telephone line conduit, pole, or facility, the district shall
  17-25  pay the cost of that action so as to provide comparable replacement
  17-26  of any replaced facility, less the replaced facility's net salvage
  17-27  value.
   18-1        SECTION 3.18.  USE OF PUBLIC EASEMENTS.  (a)  The district
   18-2  may use any public roadway, street, alley, or easement in Travis
   18-3  County to accomplish its purposes, without the necessity of
   18-4  securing a franchise or other governmental agreement.  The use is
   18-5  subject to the authority of a county to require the relocation of
   18-6  facilities, at the expense of the district, to permit the widening
   18-7  or straightening of a road.  The county must give the district 30
   18-8  days' notice that relocation is required and specify the new
   18-9  location for the facilities along the right-of-way of the road.
  18-10        (b)  This section does not apply to an easement of a river
  18-11  authority in existence on the effective date of this Act the
  18-12  territory of which comprises at least three counties and includes
  18-13  all or part of the district territory.
  18-14        (c)  The district may not change, alter, or damage a portion
  18-15  of the state highway system or any county road without first
  18-16  obtaining the written consent of the Texas Department of
  18-17  Transportation or the county, as applicable.  The placement of a
  18-18  district facility in state or county highway right-of-way is
  18-19  subject to regulation by the Texas Department of Transportation or
  18-20  a county, as applicable.
  18-21        SECTION 3.19.  ACQUISITION AND DISPOSITION OF PROPERTY.  (a)
  18-22  The district may purchase, lease, acquire by gift, maintain, use,
  18-23  or operate property of any kind that is appropriate for the
  18-24  exercise of its functions.
  18-25        (b)  The board may sell to the highest bidder, at a public or
  18-26  private sale, or may exchange any property owned by the district
  18-27  that is not required to carry out the district's purposes.  Before
   19-1  conducting a public or a private sale of property, the district
   19-2  shall give notice of its intent to sell the property by publishing
   19-3  notice once a week for two consecutive weeks in a newspaper of
   19-4  general circulation in the district.
   19-5        SECTION 3.20.  FACILITIES.  The district may acquire,
   19-6  construct, extend, improve, maintain, reconstruct, use, or operate
   19-7  any facility necessary or convenient to the exercise of its powers,
   19-8  rights, duties, or functions.
   19-9        SECTION 3.21.  CONTRACTS.  (a)  The district may make
  19-10  contracts and execute instruments necessary or convenient to the
  19-11  exercise of its powers, rights, duties, or functions.  The district
  19-12  may not enter into a contract with a term greater than 50 years.
  19-13        (b)  This section does not prohibit the district from
  19-14  purchasing surplus property from the United States through a
  19-15  negotiated contract without bids.
  19-16        (c)  An officer, agent, or employee of the district who is
  19-17  financially interested in a contract of the type described in
  19-18  Subsection (b) of this section shall disclose the interest to the
  19-19  board before the board votes on the acceptance of the contract.
  19-20        (d)  Notwithstanding any provision of a municipality's
  19-21  charter, a contract between the district and a municipality need
  19-22  not be submitted to the municipality's electorate.
  19-23        (e)  Notwithstanding any provision of this Act, any contract
  19-24  of the district shall meet the requirements of Chapter 171, Local
  19-25  Government Code.
  19-26        SECTION 3.22.  COOPERATIVE AGREEMENTS.  The district may
  19-27  enter into cooperative agreements with other local governments,
   20-1  state agencies, or agencies of the United States:
   20-2              (1)  to perform water, wastewater, drainage, or waste
   20-3  disposal management, inspection, and enforcement functions and to
   20-4  give technical aid and education services to any party to the
   20-5  agreement; and
   20-6              (2)  to transfer money or property to any party to the
   20-7  agreement for the purpose of water quality and waste disposal
   20-8  management, inspection, enforcement, and technical aid and
   20-9  education.
  20-10        SECTION 3.23.  COUNTY AUTHORITY.  Notwithstanding any other
  20-11  provision of this Act, this Act does not affect a county's
  20-12  authority acting under an order or ordinance of the commissioners
  20-13  court of the county or by a rule or regulation approved by the
  20-14  commissioners court of the county:
  20-15              (1)  related to land use or zoning, including the
  20-16  authority provided by:
  20-17                    (A)  Chapters 233 and 243, Local Government Code;
  20-18                    (B)  Section 109.33, Alcoholic Beverage Code;
  20-19                    (C)  Chapter 953, Acts of the 70th Legislature,
  20-20  Regular Session, 1987 (Article 2372dd-1, Vernon's Texas Civil
  20-21  Statutes); or
  20-22                    (D)  other law;
  20-23              (2)  to regulate subdivisions under Chapter 232, Local
  20-24  Government Code, or other law, if the regulation does not conflict
  20-25  with Section 3.07(a) of this Act;
  20-26              (3)  to plan, construct, or maintain public roads or
  20-27  related drainage under the County Road and Bridge Act (Article
   21-1  6702-1, Vernon's Texas Civil Statutes) or other law if the
   21-2  regulation does not conflict with Section 3.07(a) of this Act; or
   21-3              (4)  to regulate an on-site sewage disposal system, as
   21-4  that term is defined by Section 366.002, Health and Safety Code, or
   21-5  a private sewage facility, as that term is defined by Section
   21-6  26.031, Water Code.
   21-7                 ARTICLE 4.  GENERAL FISCAL PROVISIONS
   21-8        SECTION 4.01.  DISBURSEMENT OF MONEY.  The district may
   21-9  disburse money only by check, draft, order, or other instrument
  21-10  signed by the person or persons authorized in the board's bylaws or
  21-11  by board resolution.
  21-12        SECTION 4.02.  FEES AND CHARGES.  The district may establish
  21-13  fees and charges not to exceed the amounts necessary to enable the
  21-14  district to fulfill the obligations imposed on it by this Act.
  21-15        SECTION 4.03.  LOANS AND GRANTS.  (a)  The district may
  21-16  borrow money and accept grants for its corporate purposes.
  21-17        (b)  The district may borrow money and accept grants from
  21-18  private sources, the United States, the state, and local
  21-19  governments.  The district may enter into any agreement in
  21-20  connection with a loan or grant that does not conflict with state
  21-21  or federal law.
  21-22        (c)  Information of the source, amount, and any restriction
  21-23  on expenditure of money the district accepts is public information.
  21-24        SECTION 4.04.  FISCAL YEAR.  The board shall establish the
  21-25  district's fiscal year.
  21-26        SECTION 4.05.  INDEPENDENT AUDIT AND REPORT.  (a)  The board
  21-27  shall have an audit of the district's affairs for each fiscal year
   22-1  prepared by an independent certified public accountant of
   22-2  recognized integrity and ability.
   22-3        (b)  The district shall keep at least one copy of the most
   22-4  recent audit at the district's principal office.
   22-5        (c)  The district shall make a copy of the most recent audit
   22-6  available for inspection by any interested person during regular
   22-7  business hours.
   22-8        SECTION 4.06.  DEPOSITORY BANKS.  (a)  The board shall
   22-9  designate one or more banks to serve as depository for the
  22-10  district's money.  The district shall deposit all of its money in
  22-11  the designated depository bank or banks, except:
  22-12              (1)  to the extent provided in a trust indenture, the
  22-13  district may deposit bond proceeds and money pledged to pay bonds
  22-14  with the trustee bank named in the trust indenture; and
  22-15              (2)  money pledged to pay bonds shall be remitted to
  22-16  the bank of payment for the payment of principal and interest on
  22-17  bonds.
  22-18        (b)  To the extent that money in a depository bank or trustee
  22-19  bank is not invested or insured by the Federal Deposit Insurance
  22-20  Corporation, the money shall be secured in the manner provided by
  22-21  law for the security of state money.
  22-22        (c)  Before designating a depository bank, the board shall
  22-23  publish notice at least once in a newspaper of general circulation
  22-24  in the district requesting applications from banks interested in
  22-25  serving as a depository.  The notice shall include the time and
  22-26  location of the board meeting at which the board proposes to
  22-27  designate a depository bank.  The board shall prescribe the term of
   23-1  service of a depository bank.
   23-2        (d)  At the time stated in the notice required by Subsection
   23-3  (c), the board shall consider the applications received and the
   23-4  management and condition of each bank that files an application.
   23-5  The board may designate as a depository the bank or banks that
   23-6  offer the most favorable terms and conditions for the handling of
   23-7  the district's money and that have proper management and the
   23-8  ability to properly handle the district's money.  Membership of an
   23-9  officer or director of a bank on the board of the district does not
  23-10  disqualify the bank from being designated as a depository.
  23-11        (e)  If no application is received by the time stated in the
  23-12  notice, the board may designate a bank or banks on such terms and
  23-13  conditions as the board considers prudent.
  23-14                  ARTICLE 5.  BOND AND TAX PROVISIONS
  23-15        SECTION 5.01.  REVENUE BONDS.  (a)  For the purpose of
  23-16  carrying out a power or authority conferred by this Act, the
  23-17  district may issue bonds secured by a pledge of all or part of the
  23-18  revenues accruing to the district from a source other than ad
  23-19  valorem taxes, including money received from tolls, charges, the
  23-20  sale of water or other products, and the provision of services.
  23-21        (b)  The district's bonds shall:
  23-22              (1)  be authorized by board resolution;
  23-23              (2)  be issued in the district's name;
  23-24              (3)  be signed by the chair or vice chair;
  23-25              (4)  be attested by the secretary; and
  23-26              (5)  bear the district's seal.
  23-27        (c)  The board may prescribe the form, denomination, and
   24-1  interest rate of bonds issued by the district, except that bonds
   24-2  must mature serially or otherwise not more than 50 years after
   24-3  their date.  The board may sell bonds at prices and under terms
   24-4  that the board determines to be the most advantageous reasonably
   24-5  available.  The district's bonds may be made redeemable before
   24-6  maturity at times and prices prescribed in the bonds.  The
   24-7  district's bonds may be secured by an indenture of trust with a
   24-8  corporate trustee.
   24-9        (d)  The district may issue bonds in more than one series as
  24-10  required for carrying out the purposes of this Act.  The district
  24-11  may, in issuing bonds secured by the district's revenues, reserve
  24-12  the right to issue additional bonds secured by the district's
  24-13  revenues that are on a parity with or are senior or subordinate to
  24-14  the bonds issued earlier.
  24-15        (e)  The resolution authorizing the bonds or the trust
  24-16  indenture securing the bonds may specify additional provisions that
  24-17  shall constitute a contract between the district and its
  24-18  bondholders.  The board may provide:
  24-19              (1)  for additional bond provisions; and
  24-20              (2)  for a corporate trustee or receiver to take
  24-21  possession of the district's facilities if the district defaults.
  24-22        SECTION 5.02.  REFUNDING BONDS.  (a)  The district may issue
  24-23  refunding bonds to refund outstanding bonds and interest authorized
  24-24  by this Act.
  24-25        (b)  Refunding bonds may:
  24-26              (1)  be issued to refund one or more series of
  24-27  outstanding bonds;
   25-1              (2)  combine the pledges for the outstanding bonds for
   25-2  the security of the refunding bonds; and
   25-3              (3)  be secured by other or additional revenues.
   25-4        (c)  The provisions of this Act applicable to the district's
   25-5  issuance of other bonds, their security, their approval by the
   25-6  attorney general, and the remedies of the holders are applicable to
   25-7  refunding bonds.
   25-8        (d)  Refunding bonds shall be registered by the comptroller
   25-9  of public accounts on surrender and cancellation of the bonds to be
  25-10  refunded.  Alternatively, the resolution authorizing the issuance
  25-11  of refunding bonds may provide that the bonds shall be sold and the
  25-12  resulting proceeds deposited in the bank where the bonds to be
  25-13  refunded are payable, in which case the refunding bonds may be
  25-14  issued in an amount sufficient to pay the principal and interest of
  25-15  the bonds to be refunded to their option or maturity date.  The
  25-16  comptroller of public accounts shall register the refunding bonds
  25-17  without concurrent surrender and cancellation of the bonds to be
  25-18  refunded.
  25-19        SECTION 5.03.  APPROVAL AND REGISTRATION OF BONDS.  After the
  25-20  district authorizes any bonds, the district shall submit the bonds
  25-21  and the record relating to their issuance to the attorney general
  25-22  for approval.  If the bonds are secured by a pledge of the proceeds
  25-23  of a contract between the district and a municipality or other
  25-24  governmental agency, authority, or district, the district shall
  25-25  submit to the attorney general a copy of the contract and the
  25-26  proceedings of the municipality or other governmental agency,
  25-27  authority, or district authorizing the contract.  If the attorney
   26-1  general finds that the bonds have been authorized and the
   26-2  contracts, if any, have been made in accordance with the
   26-3  constitution and laws of the state, the attorney general shall
   26-4  approve the bonds and contracts.  On approval, the bonds shall then
   26-5  be registered by the comptroller of public accounts.
   26-6        SECTION 5.04.  BOND ELECTION.  The district may issue bonds
   26-7  without an election.
   26-8        SECTION 5.05.  AUTHORIZED INVESTMENTS.  Bonds and refunding
   26-9  bonds of the district are legal, eligible, and authorized
  26-10  investments for a public fund of the state, including the State
  26-11  Permanent School Fund, or a state agency.
  26-12        SECTION 5.06.  AD VALOREM TAXATION.  (a)  Except as provided
  26-13  by Subsection (b), the district may not levy and collect ad valorem
  26-14  taxes.
  26-15        (b)  The qualified voters in the district may, in an election
  26-16  called for that purpose, authorize the district to levy and collect
  26-17  ad valorem taxes for the maintenance of the district and its
  26-18  improvements.
  26-19                    ARTICLE 6.  DISTRICT BOUNDARIES
  26-20        SECTION 6.01.  DESCRIPTION OF BOUNDARIES.  The district
  26-21  includes all the territory contained within the following area,
  26-22  whether the territory contains noncontiguous parcels of land and
  26-23  whether the territory is located within the boundaries of any
  26-24  municipality or other governmental entity or political subdivision
  26-25  of the state:
  26-26  The 4,661.248 acre tract out of the John Moore Survey No. 66, the
  26-27  Jesse Williams Survey No. 62, the Samuel Hamilton Survey No. 16,
   27-1  the John G.  McGeeHee Survey No. 6, the Thomas Brite Survey No. 65,
   27-2  the J. D. Cady Survey Abstract No. 139, the C. W. Hudson Survey No.
   27-3  43, the Richard Hailey Survey No. 35, the Corbet Stevens Survey No.
   27-4  63, the J. Burleson Survey No. 64, the John M. Bright Survey No.
   27-5  63, the C. W. Hudson Survey No. 43, the H. Haigwood Survey No. 433,
   27-6  the H. W. Cocke Survey No. 432 and the H. W. Cocke Survey No. 83,
   27-7  Travis County, Texas, being a portion of that 2,807.1345 acre
   27-8  tract, described as Tract 1, all of that 538.5087 acre tract,
   27-9  described as Tract 2, a portion of that 214.8756 acre tract,
  27-10  described as Tract 3, and all of that 100.0000 acre tract,
  27-11  described as Tract 4 all conveyed by deed to Circle C Land Corp.
  27-12  recorded in Volume 11620, Page 1126 of the Travis County Deed
  27-13  Records, all of that 11.7446 acre tract contained within the
  27-14  aforesaid 214.8756 acre tract, as dedicated for Slaughter Lane
  27-15  (120.00' right-of-way), by plat recorded in Book 86, Pages 180C and
  27-16  180D of the Travis County Plat Records, all of that 79.9863 acre
  27-17  tract conveyed to the City of Austin by deed recorded in Volume
  27-18  9495, Page 275, of the said Deed Records, all of that 46.50000 acre
  27-19  tract conveyed to the City of Austin, by deed recorded in Volume
  27-20  9495, Page 289 of the said Deed Records, all of that 285.4585 acre
  27-21  tract, conveyed to the City of Austin by deed recorded in Volume
  27-22  9495, Page 281 of the said Deed Records, a 25.4133 acre portion of
  27-23  that 412.3003 acre tract conveyed to Ira John Yates by deed
  27-24  recorded in Volume 10166, Page 726 of the said Deed Records, all of
  27-25  that 85.033 acre tract conveyed to Mopac South Transportation
  27-26  Corporation by deed recorded in Volume 10719, Page 926 of the said
  27-27  Deed Records, all of that 13.845 acre tract conveyed to Mopac South
   28-1  Transportation Corporation by deed recorded in Volume 10719, Page
   28-2  920 of the said Deed Records, all of that 99.560 acre tract
   28-3  conveyed to R. Alan Haywood, Trustee by deed recorded in Volume
   28-4  11505, Page 55 of the said Deed Records, all of that 100.2215 acre
   28-5  tract, described as Parcel "A", conveyed to Carlene H. Klaus by
   28-6  deed recorded in Volume 9724, Page 329 of the said Deed Records,
   28-7  all of that 100.2215 acre tract, described as Parcel "B", conveyed
   28-8  to Ursula H. Kutra by deed recorded in Volume 9724, Page 317 of the
   28-9  said Deed Records, all of that 100.2215 acre tract, described as
  28-10  Parcel "C", conveyed to Amelia H. Mettke by deed recorded in Volume
  28-11  9724, Page 321 of the said Deed Records, a portion of that certain
  28-12  126.73 acre tract, conveyed to Mrs. Ruby Pauls Spillar by deed
  28-13  recorded in Volume 700, Page 369 of the said Deed Records, and
  28-14  being a portion of 1248.93 acres, described as various tracts,
  28-15  conveyed to Mrs. Ruby Pauls Spillar by deed recorded in Volume 118,
  28-16  Page 455 of the Said Deed Records; the said 4,661.248 acre tract
  28-17  being more particularly described as follows:
  28-18        BEGINNING at a 5/8" iron rod found in the easterly
  28-19  right-of-way line of State Highway F.M. 1826 (80' wide) being the
  28-20  northwest corner of the said 538.5087 acre tract, a point in the
  28-21  southerly line of those tracts of land conveyed to Oak Hill Heights
  28-22  Joint Venture by deed recorded in Volume 8154, Page 552, and the
  28-23  most westerly point of a boundary line agreement between Jack Mann
  28-24  and Josephene Turnbull as described in a deed recorded in Volume
  28-25  1133, Page 464 of the said Deed Records;
  28-26        THENCE, in a southeasterly direction along the line as
  28-27  established by the said boundary line agreement, being the
   29-1  northerly line of the 538.5087 acre tract and the southerly line of
   29-2  the said Oak Hill Heights Joint Venture, tracts for the following
   29-3  nine (9) courses:
   29-4        1)  S5922'13"E, 133.45 feet to a 1/2" iron pipe found;
   29-5        2)  S5933'32"E, 676.69 feet to a 5/8" iron rod found;
   29-6        3)  S5953'12"E, 415.00 feet to a 5/8" iron rod found;
   29-7        4)  S6013'30"E, 358.42 feet to a 5/8" iron rod found;
   29-8        5)  S6029'18"E, 157.98 feet to a 1/2" iron rod found for the
   29-9  northeast corner of the said 70.96 acre tract, being the northwest
  29-10  corner of the 154.44 acre tract;
  29-11        6)  S6027'13"E, 482.95 feet to a 1/2" iron pipe found;
  29-12        7)  S6059'20"E, 834.39 feet to a 1/2" iron pipe found;
  29-13        8)  S6114'02"E, 646.28 feet to a 1/2" iron pipe found;
  29-14        9)  S6141'08"E, 306.72 feet to a 1/2" iron pipe found;
  29-15        THENCE, S6206'50"E, 332.04 feet to a 1/2" iron pipe found
  29-16  for the most easterly corner of the aforesaid boundary line
  29-17  agreement, being a northeast corner of the 538.5087 acre tract, the
  29-18  southeast corner of the said Oak Hill Heights Joint Venture tracts
  29-19  and a point in a westerly line of that 479.58 acre tract conveyed
  29-20  to Village Joint Venture by deed recorded in Volume 8539, Page 511
  29-21  of the Deed Records of Travis County, Texas;
  29-22        THENCE, S3005'47"W, at approximately 1,833.10 feet pass the
  29-23  northwest corner of the Village at Western Oaks Subdivision,
  29-24  Section 16-A, recorded in Book 86, Pages 62A through 62D, for a
  29-25  total distance of 2,399.06 feet to a 5/8" iron rod found;
  29-26        THENCE, S2950'30"W, with the easterly line of the said
  29-27  538.5087 acre tract, 276.17 feet to a 1/2" iron pipe found for the
   30-1  southwest corner of Village at Western Oaks, Section 16-A, being an
   30-2  ell corner of the aforesaid 538.5087 acre tract, and a point on the
   30-3  centerline of an existing Humble Pipeline Company, pipeline
   30-4  easement described in a deed recorded in Volume 994, Page 397 of
   30-5  the said Deed Records;
   30-6        THENCE, S7011'10"E, with the said Humble Pipeline Company
   30-7  easement, being the common line between the 538.5087 acre tract and
   30-8  Village at Western Oaks, Section 16-A, at 600.33 feet pass a 1/2"
   30-9  iron pipe found, at 1,831.37 feet pass a 1/2" iron pipe found, for
  30-10  a total distance of 2,413.41 feet to a 1/2" iron rod set on a curve
  30-11  to the left in the easterly right-of-way line of Escarpment
  30-12  Boulevard (120.00 foot right-of-way) for the southeast corner of
  30-13  the aforesaid Village at Western Oaks Subdivision, Section 16-A;
  30-14        THENCE, S7011'10"E, continuing with the north line of the
  30-15  538.5087 acre tract at 2,913.32 feet pass an iron pipe found at
  30-16  3,651.25 feet pass a second iron pipe found, for a total distance
  30-17  of 4,238.43 feet to an iron pipe found for the northeast corner of
  30-18  the said 538.5087 acre tract, being the southeast corner of that
  30-19  479.58 acre tract conveyed to Village Joint Venture by deed
  30-20  recorded in Volume 8539, Page 511 and a point in the westerly line
  30-21  of that 531.07 acre tract conveyed to Maple Run Joint Venture by
  30-22  deed recorded in Volume 7979, Page 932, both of the said deed
  30-23  records; the found pipe is also the southeast corner of the
  30-24  right-of-way dedicated for State Highway Loop 1 as shown on a plat
  30-25  of Village at Western Oaks, Section 21, a subdivision recorded in
  30-26  Book 86, Page 145C of the Map Records of Travis County, Texas;
  30-27        THENCE, S3040'24"W, with the common line between the
   31-1  538.5087 acre tract and the 531.07 acre tract, 448.59 feet to an
   31-2  iron rod found;
   31-3        THENCE, S3040'33"W, continuing with the said common line
   31-4  between the 538.5087 acre tract and the 531.07 acre tract, 450.39
   31-5  feet to an iron rod found;
   31-6        THENCE, S7200'01"E, continuing with the said common line,
   31-7  158.07 feet to an iron rod found near the centerline of Slaughter
   31-8  Creek.
   31-9        THENCE, S0218'37"E, continuing with the said common line, at
  31-10  230.03 feet pass an iron rod found for the most easterly corner of
  31-11  the 538.5087 acre tract, and a northerly corner of the above
  31-12  mentioned 285.4585 acre City of Austin tract, for a total distance
  31-13  of 424.50 feet to an iron pipe found;
  31-14        THENCE, leaving the southerly line of the 538.5087 acre
  31-15  tract, along the common line between the said 531.07 acre tract and
  31-16  the 285.4585 acre tract for the following eleven (11) courses:
  31-17        1)  S4145'47"E, for a distance of 96.65 feet to an iron rod
  31-18  found;
  31-19        2)  S7631'42"E, for a distance of 110.76 feet to an iron rod
  31-20  found;
  31-21        3)  N8420'26"E, for a distance of 172.94 feet to an iron rod
  31-22  found;
  31-23        4)  S4757'27"E, for a distance of 109.79 feet to an iron rod
  31-24  found;
  31-25        5)  S2042'20"W, for a distance of 195.48 feet to an iron rod
  31-26  found;
  31-27        6)  S4326'45"E, for a distance of 149.92 feet to an iron rod
   32-1  found;
   32-2        7)  S2111'38"E, for a distance of 141.55 feet to an iron rod
   32-3  found;
   32-4        8)  S1335'11"W, for a distance of 148.65 feet to an iron rod
   32-5  found;
   32-6        9)  S0515'39"E, for a distance of 347.41 feet to an iron rod
   32-7  found;
   32-8        10)  S4023'14"W, for a distance of 269.29 feet to an iron
   32-9  rod found;
  32-10        11)  S7931'14"W, for a distance of 58.41 feet to a point in
  32-11  the centerline of Slaughter Creek;
  32-12        THENCE, along the centerline of Slaughter Creek, continuing
  32-13  with the above said common line between the 531.07 acre tract and
  32-14  the 285.4585 acre tract for the following thirteen (13) courses;
  32-15        1)  S0822'19"W, for a distance of 407.97 feet to an iron rod
  32-16  found;
  32-17        2)  S2626'53"W, for a distance of 329.10 feet to an iron rod
  32-18  found;
  32-19        3)  S0543'44"W, for a distance of 314.04 feet to an iron rod
  32-20  found;
  32-21        4)  S1157'05"E, for a distance of 304.24 feet to an iron rod
  32-22  found;
  32-23        5)  S3706'33"E, for a distance of 176.12 feet to an iron rod
  32-24  found;
  32-25        6)  S6458'21"E, for a distance of 264.75 feet to a nail
  32-26  found;
  32-27        7)  N6439'39"E, for a distance of 295.20 feet to a point;
   33-1        8)  N8849'06"E, for a distance of 326.14 feet to an iron rod
   33-2  found;
   33-3        9)  S7115'17"E, for a distance of 207.09 feet to an iron rod
   33-4  found;
   33-5        10)  S0537'53"E, for a distance of 155.67 feet to a nail
   33-6  found;
   33-7        11)  S3531'12"E, for a distance of 432.21 feet to an iron
   33-8  rod found;
   33-9        12)  S5645'40"E, for a distance of 110.46 feet to an iron
  33-10  pipe found;
  33-11        13)  S3528'15"E, at a distance of 310.95 feet pass an iron
  33-12  pipe found on the east side of Slaughter Creek, for a total
  33-13  distance of 323.72 feet to an iron rod found at a fence corner
  33-14  post, for the most southerly corner of that certain 19.81 acre
  33-15  tract of land conveyed to James W. Akins by a deed recorded in
  33-16  Volume 4677, Page 1386 of the said Deed Records and a point in the
  33-17  west line of the said 214.8756 acre tract;
  33-18        THENCE, N2804'16"E, leaving the north line of the 285.4585
  33-19  acre tract, along the common line between the 19.81 acre tract and
  33-20  the 214.8756 acre tract, for a distance of 551.99 feet to a 1/2"
  33-21  iron rod found;
  33-22        THENCE, N2918'16"E, with the said common line between the
  33-23  said 221.4613 acre tract and the 19.81 acre tract, 504.48 feet to a
  33-24  1/2" iron rod found;
  33-25        THENCE, N2951'30"E, with the said westerly line of the
  33-26  221.4613 acre tract, at 538.05 feet pass a concrete monument found
  33-27  in the southerly right-of-way line of Slaughter Lane (120.00 foot
   34-1  right-of-way), at 695.41 feet pass a point in the northerly
   34-2  right-of-way line of the aforesaid Slaughter Lane (11.7446 acres),
   34-3  for a total distance of 843.60 feet to a 1/2" iron rod found for
   34-4  the northwest corner of the abovesaid 214.8756 acre tract, being
   34-5  the southwest corner of that certain tract conveyed to Clara Brooks
   34-6  Chastain by deed recorded in Volume 6887, Page 178 and a point in
   34-7  the easterly line of the remainder of that 531.07 acre tract
   34-8  conveyed to Maple Run Joint Venture by deed recorded in Volume
   34-9  7979, Page 932 both of the Deed Records of Travis County, Texas;
  34-10        THENCE, S5957'00"E, leaving the easterly line of the said
  34-11  531.07 acre tract, along the northerly line of the 214.8756 acre
  34-12  tract, 638.74 feet to a 3/4" iron pipe found for the southeast
  34-13  corner of the said Clara Brooks Chastain Tract, being the southwest
  34-14  corner of that 199.65 acre tract conveyed to J.D. Carrol et. al. by
  34-15  deed recorded in Volume 2522, Page 442 of the said Deed Records;
  34-16        THENCE, with the common line between the said 214.8756 acre
  34-17  tract and the 199.65 acre tract for the following four (4) courses:
  34-18        1)  S5953'05"E, 941.26 feet to a 3/4" iron pipe found;
  34-19        2)  S5944'07"E, 887.29 feet to a 3/4" iron pipe found;
  34-20        3)  S5925'09"E, 385.48 feet to a 3/4" iron pipe found;
  34-21        4)  S5938'47"E, 520.87 feet to a 1/2" iron rod found for the
  34-22  most northerly northeast corner of the said 214.8756 acre tract,
  34-23  being the northwest corner of that 5.1589 acre tract conveyed to
  34-24  Gary L. Bradley, Trustee by deed recorded in Volume 8882, Page 748
  34-25  of the said Deed Records;
  34-26        THENCE, leaving the southerly line of the said 199.65 acre
  34-27  tract, with the common line between the 214.8756 acre tract and the
   35-1  5.1589 acre tract for the following two (2) courses:
   35-2        1)  S3030'08"W, 498.76 feet to a 1/2" iron rod found;
   35-3        2)  S5929'52"E, 450.00 feet to a 1/2" iron rod found for the
   35-4  most easterly northeast corner of the 214.8756 acre tract, being
   35-5  the southeast corner of the 5.1589 acre tract and a point in the
   35-6  westerly right-of-way line of Brodie Lane (right-of-way varies);
   35-7        THENCE, S3030'08"W, leaving the southerly line of the said
   35-8  5.1589 acre tract, with the easterly line of the 214.8756 acre
   35-9  tract, being the westerly right-of-way line of Brodie Lane, at
  35-10  1,161.13 feet pass a point in the aforesaid northerly right-of-way
  35-11  line of Slaughter Lane, at 1,311.13 feet pass a point in the
  35-12  aforesaid southerly right-of-way line of Slaughter Lane, for a
  35-13  total distance of 2,087.89 feet to a 1/2" iron rod found for the
  35-14  southeast corner of the abovesaid 214.8756 acre tract, being a
  35-15  point in the northerly line of that 400 acre tract conveyed to
  35-16  George Barker by deed recorded in Volume 409, Page 158 of the said
  35-17  Deed Records;
  35-18        THENCE, with the common line between the said 214.8756 acre
  35-19  tract and the 400 acre tract for the following eight (8) courses:
  35-20        1)  N5923'14"W, 357.99 feet to a 3/4" iron pipe found;
  35-21        2)  N5939'36"W, 234.36 feet to a 3/4" iron pipe found;
  35-22        3)  N6026'39"W, 371.13 feet to a 3/4" iron pipe found;
  35-23        4)  N6019'49"W, 607.54 feet to a 3/4" iron pipe found;
  35-24        5)  N6015'08"W, at 301.82 feet pass a concrete monument
  35-25  found, at 371.82 feet pass a concrete monument found, for a total
  35-26  distance of 968.19 feet to a 60d nail found in a fence post;
  35-27        6)  N6045'22"W, continuing with the southerly line of the
   36-1  said 214.8756 acre tract, 9.27 feet to a 60d nail found in a fence
   36-2  post;
   36-3        7)  N5935'12"W, continuing along the said southerly line of
   36-4  the 214.8756 acre tract, 815.61 feet to a 3/4" iron pipe found;
   36-5        8)  N5925'45"W, for a distance of 410.57 feet to a concrete
   36-6  monument found for the southwest corner of the said 214.8756 acre
   36-7  tract, being a point in the easterly line of the said 285.4585 acre
   36-8  tract and the northwest corner of the said 400 acre tract;
   36-9        THENCE, S3014'54"W, leaving the southerly line of the said
  36-10  214.8756 acre tract, with the westerly line of the 400 acre tract,
  36-11  at 1,600.00 feet pass a 5/8" iron rod found for the most southerly
  36-12  southeast corner of the 285.4585 acre tract, being a northeast
  36-13  corner of the said 2807.1345 acre tract, for a total distance of
  36-14  3,756.93 feet to a 60d nail found in a fence corner post for the
  36-15  most southerly southeast corner of the said 2807.1345 acre tract,
  36-16  being the northeast corner of that 2.72 acre tract conveyed to Ray
  36-17  McGee by deed recorded in Volume 4647, Page 31 of the said Deed
  36-18  Records;
  36-19        THENCE, N6309'43"W, leaving the westerly line of the said
  36-20  400 acre tract, with the southerly line of the 2807.1345 acre
  36-21  tract, 231.13 feet to a 1/2" iron rod found for the northwest
  36-22  corner of the said 2.72 acre tract, being the northeast corner of
  36-23  that 6.7580 acre tract conveyed to Gary L. Bradley, Trustee by deed
  36-24  recorded in Volume 10577, Page 414 of the Deed Records of Travis
  36-25  County, Texas;
  36-26        THENCE, N6226'14"W, at 425.00 feet pass a 1/2" iron rod
  36-27  found for the northwest corner of the said 6.7580 acre tract, being
   37-1  the northeast corner of that 1.0000 acre tract conveyed to Gary L.
   37-2  Bradley, Trustee by deed recorded in Volume 10577, Page 402 of the
   37-3  said Deed Records, at 575.00 feet pass a 1/2" iron rod found for
   37-4  the northwest corner of the abovesaid 1.0000 acre tract, being the
   37-5  northeast corner of that 1.0000 acre tract conveyed to Gary L.
   37-6  Bradley, Trustee by deed recorded in Volume 10577, Page 406 of the
   37-7  said Deed Records, at 725.00 feet pass a 1/2" iron rod found for
   37-8  the northwest corner of the abovesaid 1.0000 acre tract, being the
   37-9  northeast corner of that 1.0000 acre tract conveyed to Brian Lee
  37-10  Williamson by deed recorded in Volume 8901, Page 11 of the said
  37-11  Deed Records, at 875.00 feet pass a 1/2" iron rod found for the
  37-12  northwest corner of the abovesaid 1.0000 acre Williamson Tract,
  37-13  being the northeast corner of that 1.0000 acre tract conveyed to
  37-14  Gary L. Bradley, Trustee by deed recorded in Volume 10577, Page 410
  37-15  of the said Deed Records, at 1025.00 feet pass a 1/2" iron rod
  37-16  found for the northwest corner of the abovesaid 1.0000 acre tract,
  37-17  being a northerly northeast corner of that abovesaid 1.0000 acre
  37-18  tract, being a northerly northeast corner of the said 412.3003 acre
  37-19  tract, for a total distance of 1,952.31 feet to a 1/2" iron rod
  37-20  found;
  37-21        THENCE, with the common line between the said 2,807.1345 acre
  37-22  tract and the 412.3003 acre tract for the following three (3)
  37-23  courses:
  37-24        1)  N1354'38"E, 342.33 feet to a 1/2" iron rod found;
  37-25        2)  S8937'52"W, 501.38 feet to a 1/2" iron rod found;
  37-26        3)  S6347'26"W, 414.17 feet to a 1/2" iron rod found for the
  37-27  northeast corner of a 5.000 acre tract conveyed to Polly Blanton
   38-1  Brooks by a deed recorded in Volume 9807, Page 643 of the above
   38-2  said Deed Records;
   38-3        THENCE, through the 2,807.1345 acre tract, with the north,
   38-4  west, and southerly lines of the 5.000 acre tract, the following
   38-5  six (6) courses:
   38-6        1)  N6538'09"W, 415.32 feet to an iron rod found;
   38-7        2)  S5812'55"W, 207.33 feet to an iron rod found;
   38-8        3)  S0241'17"E, 301.21 feet to an iron rod found;
   38-9        4)  N8037'15"E, 92.49 feet to an iron rod found;
  38-10        5)  S7524'34"E, 416.79 feet to an iron rod found;
  38-11        6)  S8458'12"E, 142.05 feet to an iron rod found in the
  38-12  abovesaid common line between the 2,807.1345 acre tract and the
  38-13  412.3003 acre tract;
  38-14        THENCE, S1539'52"E, along the said common line, 171.37 feet
  38-15  to a 1/2" iron rod found;
  38-16        THENCE, continuing with the above said common line,
  38-17  S8718'43"W, 2,089.53 feet to a 1/2" iron rod found for the
  38-18  northeast corner of the said 85.033 acre tract;
  38-19        THENCE, across the said 412.3003 acre tract, with the
  38-20  southeasterly line of the said 85.033 acre tract (State Highway
  38-21  Loop 1), the following three (3) courses:
  38-22        1)  S5354'42"W, 276.49 feet to an iron rod found;
  38-23        2)  S3134'11"W, 1,886.12 feet to an iron rod found for the
  38-24  point of curvature of a curve to the left;
  38-25        3)  With the said curve to the left, having a radius of
  38-26  1,000.00 feet, a central angle of 2254'44", a chord distance of
  38-27  397.23 feet (chord bears S2006'49"W), for an arc distance of
   39-1  399.89 feet to an iron rod found for the intersection of the said
   39-2  northerly right-of-way line of State Highway 45 with the
   39-3  aforementioned common line between the 412.3003 acre tract and the
   39-4  99.56 acre, R. Alan Haywood, Trustee, tract; the found iron rod
   39-5  being also the northeast corner of the said 13.845 acre tract;
   39-6        THENCE, S8945'07"E, with the north line of the said 99.560
   39-7  acre tract, along the south line of the said 412.3003 acre tract,
   39-8  1,943.93 feet to an iron rod found;
   39-9        THENCE, S8941'17"E, leaving the said south line of the
  39-10  remainder of the 412.3003 acre tract, along the north line of the
  39-11  99.560 acre tract, for a distance of 436.73 feet to an iron rod
  39-12  found for the northeast corner of the 99.560 acre tract, being a
  39-13  northwest corner of that 118.757 acre tract conveyed by deed to
  39-14  Alain P. Reveilhac, Trustee by deed recorded in Volume 8993, Page
  39-15  867 of the said Deed Records;
  39-16        THENCE, S0047'45"W, along the common line between the said
  39-17  99.560 acre tract and the 118.757 acre tract, 932.88 feet to an
  39-18  iron rod found for the southeast corner of the aforesaid 99.560
  39-19  acre tract, being a northeast corner of the remainder of that
  39-20  723.85 acre tract conveyed to Jack Andrewartha by deed recorded in
  39-21  Volume 4413, page 388 of the said Deed Records;
  39-22        THENCE, N8944'18"W, leaving the west line of the said 118.57
  39-23  acre tract, along the common line between the 99.560 acre tract and
  39-24  the remainder of the 723.85 acre tract, at 2,115.36 feet pass an
  39-25  iron rod found for the southeast corner of the said 13.845 acre
  39-26  tract, at 2,615.10 feet pass an iron rod found for the southeast
  39-27  corner of the said 13.845 acre tract, for a total distance of
   40-1  4,644.68 feet to an iron rod found for the southwest corner of the
   40-2  aforesaid 99.560 acre tract, being a point in the east line of that
   40-3  283 acre tract conveyed to Ira Jon Yates by deed recorded in Volume
   40-4  7716, Page 845 of the said Deed Records;
   40-5        THENCE, N0030'28"E, leaving the said north line of the
   40-6  remainder of the 723.85 acre tract, along the common line between
   40-7  the 99.560 acre tract and the 283 acre tract, for a distance of
   40-8  932.24 feet to a 60d nail found in a fence corner post for the
   40-9  northwest corner of the said 99.560 acre tract, being the northeast
  40-10  corner of the aforesaid 283 acre tract and being in the southerly
  40-11  line of the said 412.003 acre tract;
  40-12        THENCE, S8945'07"E, leaving the east line of the said 283
  40-13  acre tract, along the south line of the remainder of the 412.3003
  40-14  acre tract, being the north line of the 99.560 acre tract, 1,329.07
  40-15  feet to an iron rod found on a curve to the left for the northwest
  40-16  corner of that 13.845 acre tract, being also the southwest corner
  40-17  of that 85.033 acre tract conveyed to Mopac South Transportation
  40-18  Corporation;
  40-19        THENCE, leaving the north line of the said 99.560 acre tract,
  40-20  across the said 412.3003 acre tract, along the southwest line of
  40-21  the 85.033 acre tract, for the following three (3) courses:
  40-22        1)  with the said curve to the left, having a radius of
  40-23  7,439.30 feet, a central angle of 0052'47", a chord distance of
  40-24  114.22 feet (chord bears N4125'15"W), for an arc distance of
  40-25  114.23 feet to an iron rod found for the point of tangency;
  40-26        2)  N4151'38"W, 2,184.35 feet to an iron rod found for the
  40-27  point of curvature of a curve to the left;
   41-1        3)  with the said curve to the left, having a radius of
   41-2  6,649.76 feet, a central angle of 0747'53", a chord distance of
   41-3  904.34 feet (chord bears N4545'35"W), for an arc distance of
   41-4  905.04 feet to an iron rod found for the intersection of the said
   41-5  southwest line of the 85.033 acre tract (State Highway 45) with the
   41-6  northerly line of the said 412.3003 acre tract, and the southerly
   41-7  line of the 2,807.1345 acre tract;
   41-8        THENCE, S8250'26"W, with the common line between the
   41-9  2,807.1345 acre tract and the 412.3003 acre tract, 2,560.06 feet to
  41-10  a 1/2" iron rod found in the west line of the said Samuel Hamilton
  41-11  Survey No. 16, being the east line of the Thomas Brite Survey No.
  41-12  65, for an ell corner of the said 2,807.1345 acre tract, being the
  41-13  northwest corner of that 412.3003 acre tract mentioned above;
  41-14        THENCE, S3031'27"W, along the west line of the Samuel
  41-15  Hamilton Survey No. 16 and the east line of the Thomas Brite Survey
  41-16  No. 65, for a distance of 561.26 feet to an iron rod found for a
  41-17  southerly corner of the said, 2,807.1345 acre tract; being a point
  41-18  in the north line of the said 283 acre tract;
  41-19        THENCE, S8344'05"W, with the common line between the
  41-20  2,807.1345 acre tract and the 283 acre tract, 58.21 feet to an iron
  41-21  rod found;
  41-22        THENCE, N8950'37"W, with the said common line, 502.68 feet
  41-23  to an iron rod found for the northwest corner of the aforesaid 283
  41-24  acre tract, and the northeast corner of the aforesaid 126.73 acre
  41-25  tract conveyed to Mrs. R. P.  Spillar;
  41-26        THENCE, leaving the south line of the 2,807.1345 acre tract,
  41-27  along the east line of said 126.73 acre Spillar Tract, as found
   42-1  fenced and used upon the ground, for the following three (3)
   42-2  courses:
   42-3        1)  S0033'17"W, for a distance of 952.64 feet to an iron pin
   42-4  set;
   42-5        2)  S0032'17"W, for a distance of 255.23 feet to an iron pin
   42-6  set;
   42-7        3)  S0035'17"W, for a distance of 528.60 feet to an iron pin
   42-8  set at or near the Southeast corner of the said 126.73 acre Spillar
   42-9  Tract, being at or near the Northeast corner of the said 1248.93
  42-10  acre Spillar Tract;
  42-11        THENCE, along the east line of the said 1248.93 acre Spillar
  42-12  Tract, as found fenced and used upon the ground, for the following
  42-13  four (4) courses:
  42-14        1)  S0852'43"E, for a distance of 291.92 feet to an iron pin
  42-15  set;
  42-16        2)  S0854'43"E, for a distance of 445.72 feet to an 60-d
  42-17  nail set;
  42-18        3)  S0004'17"W, for a distance of 1130.96 feet to an iron
  42-19  pin set;
  42-20        4)  S0002'43"E, for a distance of 382.21 feet to a
  42-21  calculated point on the approximate County Line between Travis and
  42-22  Hays Counties;
  42-23        THENCE, N4903'40"W, across the said 1,248.93 acre tract and
  42-24  the 126.73 acre tract, along the common line between Travis and
  42-25  Hays Counties, 3,986.48 feet to a calculated point in the westerly
  42-26  line of the aforesaid 126.73 acre tract;
  42-27        THENCE, along the West line of the said 126.73 acre Spillar
   43-1  Tract, as found fenced and used upon the ground, for the following
   43-2  seven (7) courses:
   43-3        1)  N0000'17"E, for a distance of 210.21 feet to an iron pin
   43-4  set;
   43-5        2)  N0000'43"W, for a distance of 332.68 feet to an iron pin
   43-6  set;
   43-7        3)  N0005'43"W, for a distance of 102.55 feet to an iron pin
   43-8  set;
   43-9        4)  N8659'43"W, for a distance of 332.58 feet to an iron pin
  43-10  set;
  43-11        5)  N8659'43"W, for a distance of 306.15 feet to an iron pin
  43-12  found;
  43-13        6)  N2917'17"E, for a distance of 565.14 feet to a 60-d nail
  43-14  found;
  43-15        7)  N2402'14"E, for a distance of 22.01 feet to a 60-d nail
  43-16  found in a fence post;
  43-17        THENCE, S6916'54"W leaving the westerly line of the said
  43-18  126.73 acre tract, in a southwesterly direction with the southerly
  43-19  fenced line of the 2,807.1345 acre tract, 760.45 feet to an iron
  43-20  rod found for the Travis and Hays County Lines;
  43-21        THENCE, N4903'54"W, leaving the southerly line of and
  43-22  crossing the said line of the 2,807.1345 acre tract, along the
  43-23  common line between Travis and Hays Counties, 3,364.02 feet to a
  43-24  concrete monument found for county marker Mile Post No. 19;
  43-25        THENCE, N4903'02"W, continuing across the said 2,807.1345
  43-26  acre tract, along the said line between Travis and Hays Counties,
  43-27  347.05 feet to a concrete monument found in the easterly
   44-1  right-of-way line of aforesaid State Highway FM 1826;
   44-2        THENCE, with the west line of the 2,807.1345 acre tract and
   44-3  the east right-of-way line of State Highway FM 1826, the following
   44-4  twelve (12) courses:
   44-5        1)  N0001'09"E, 1,166.34 feet to a concrete monument found;
   44-6        2)  N0017'55"E, for a distance of 388.69 feet to a concrete
   44-7  monument found at the point of curvature of a curve to the right;
   44-8        3)  with the said curve to the right having a central angle
   44-9  of 3047'38", a radius of 1,402.42 feet, a chord distance of 744.70
  44-10  feet (chord bears N1541'45"E), for an arc distance of 753.74 feet
  44-11  to the point of tangency;
  44-12        4)  N3105'55"E, for a distance of 1,682.33 feet to a
  44-13  concrete monument found at the point of curvature of a transition
  44-14  curve to the right;
  44-15        5)  with the said transition curve to the right having a
  44-16  central angle of 0649'48", a beginning radius of 2,834.50 feet, an
  44-17  ending radius of 2,829.50 feet, a chord distance of 337.10 feet
  44-18  (chord bears N3609'37"E) for an arc distance of 337.30 feet to a
  44-19  concrete monument found at the point of tangency;
  44-20        6)  N3756'03"E, a distance of 443.20 feet to an iron pipe
  44-21  found;
  44-22        7)  N3757'53"E, for a distance of 239.19 feet to a concrete
  44-23  monument found at the point of curvature of a curve to the left;
  44-24        8)  with the said curve to the left having a central angle of
  44-25  0726'32", a radius of 1,950.03 feet, a chord distance of 253.12
  44-26  feet (chord bears N3405'33"E) for an arc distance of 253.29 feet
  44-27  to a concrete monument found at the point of tangency;
   45-1        9)  N3029'37"E, for a distance of 1,017.58 feet to an iron
   45-2  rod found;
   45-3        10)  N3028'37"E, for a distance of 2,099.60 feet to a
   45-4  concrete right-of-way monument found at the point of curvature of a
   45-5  curve to the right;
   45-6        11)  with the said curve to the right, having a central angle
   45-7  of 4648'09", a radius of 1,105.91 feet, a chord distance of 878.46
   45-8  feet (chord bears N5353'50"E) for an arc distance of 903.37 feet
   45-9  to a concrete right-of-way monument found at the point of tangency;
  45-10        12)  N7719'10"E, for a distance of 189.23 feet to an iron
  45-11  pipe found, being the most westerly northwest corner of the above
  45-12  said 2,807.1345 acre tract, in the abandoned south right-of-way
  45-13  line of Old Austin-Driftwood Road;
  45-14        THENCE, leaving the said east right-of-way line of State
  45-15  Highway FM 1826 with the fenced north line of the 2,807.1345 acre
  45-16  tract, the following nine (9) courses and distances:
  45-17        1)  S6842'40"E, 378.51 feet to an iron pipe found;
  45-18        2)  S6341'44"E, 178.82 feet to an iron pipe found;
  45-19        3)  S2728'23"W, at 347.23 feet pass an iron pipe found 0.07
  45-20  feet to the west, for a total distance of 800.09 feet to an iron
  45-21  pipe found;
  45-22        4)  S2421'16"E, 538.49 feet to an iron pipe found;
  45-23        5)  S0552'50"E, 991.70 feet to an iron pipe found;
  45-24        6)  S5839'56"E, 1,085.30 feet to an iron pipe found;
  45-25        7)  N8847'49"E, 563.42 feet to an iron pipe found;
  45-26        8)  N6424'19"E, 951.91 feet to an iron rod found;
  45-27        9)  N3241'40"E, 470.77 feet to an iron pipe found;
   46-1        THENCE, N3236'10"E, continuing along the north line of the
   46-2  2,807.1345 acre tract, 412.97 feet to an iron pipe found in the
   46-3  south line of a 217.38 acre tract conveyed to 1826 Associates by
   46-4  deed recorded in Volume 3635, Page 634 of the said Deed Records;
   46-5        THENCE, S6024'36"E, with the apparent common line between
   46-6  the 2,807.1345 acre tract and the 217.38 acre tract, for a distance
   46-7  of 349.01 feet to an iron pipe found;
   46-8        THENCE, S5358'38"E, continuing with the said common line,
   46-9  for a distance of 533.96 feet to an iron pipe found for a northeast
  46-10  corner of the 2,807.1345 acre tract and a point in the west line of
  46-11  a 100.2215 acre tract conveyed to Carlene Hielscher Klaus by deed
  46-12  recorded in Volume 9724, Page 329; said pipe also being the end of
  46-13  a boundary line, set by Boundary Line Agreement in Volume 3922,
  46-14  Page 1668, both of the Deed Records of Travis County, Texas;
  46-15        THENCE, leaving the northerly line of the 2,807.1345 acre
  46-16  tract, along the common fenced line between the said 100.2215 acre
  46-17  Carlene H. Klaus Tract and the 217.38 acre tract, the following
  46-18  four (4) courses:
  46-19        1)  N2916'04"E, 374.23 feet to an iron rod found;
  46-20        2)  N3313'41"E, 507.32 feet to an iron rod found;
  46-21        3)  N2953'38"E, 440.11 feet to an iron rod found;
  46-22        4)  N3023'23"E, 98.78 feet to an iron rod found for the
  46-23  northwest corner of the said 100.2215 acre Klaus Tract, being the
  46-24  southwest corner of that 320 acre tract conveyed to Richard
  46-25  Hielscher by deed recorded in Volume 1212, Page 526 of the said
  46-26  Deed Records;
  46-27        THENCE, S5927'22"E, leaving the easterly line of the said
   47-1  217.38 acre tract, 737.66 feet to an iron rod found in the
   47-2  northerly line of the said 100.2215 acre Carlene H. Klaus Tract;
   47-3        THENCE, S5925'12"E, continuing with the northerly line of
   47-4  the said 100.2215 acre Klaus Tract, a distance of 252.58 feet to an
   47-5  iron rod found for the northeast corner of the aforesaid 100.2215
   47-6  acre Carlene H. Klaus Tract, being the northwest corner of the
   47-7  aforesaid 100.2215 acre Ursula H. Kutra Tract;
   47-8        THENCE, S5925'12"E, with the northerly line of the said
   47-9  100.2215 acre Ursula H. Kutra Tract, 512.23 feet to an iron rod
  47-10  found;
  47-11        THENCE, S5914'29"E, continuing along the northerly line of
  47-12  the said 100.2215 acre Ursula H. Kutra Tract, 512.87 feet to an
  47-13  iron rod found for the northeast corner of the aforesaid 100.2215
  47-14  acre tract, being the northwest corner of the said 100.2215 acre
  47-15  Amelia H. Mettke Tract;
  47-16        THENCE, S5914'29"E, with the northerly line of the said
  47-17  100.2215 acre Amelia H. Mettke Tract, 1,013.17 feet to an iron pipe
  47-18  found for the northeast corner of the aforesaid 100.2215 acre
  47-19  Amelia H. Mettke Tract, being a point in a westerly line of the
  47-20  said 2,807.1345 acre tract, and the southwest corner of the said
  47-21  320 acre tract;
  47-22        THENCE, N3005'58"E, with the easterly line of the said 320
  47-23  acre tract and the west line of the before mentioned 2,807.1345
  47-24  acre tract, at 250.00 feet pass a 1/2" iron rod found for the
  47-25  southwest corner of the said 79.9863 acre tract, for a total
  47-26  distance of 1,357.97 feet to a 60d nail found in a fence corner
  47-27  post;
   48-1        THENCE, N3049'14"E, with the common line between the said
   48-2  79.9863 acre tract and the 320 acre tract, 804.39 feet to a 60d
   48-3  nail found in a fence post;
   48-4        THENCE, N2750'15"E, continuing with the common line between
   48-5  the said 79.9863 acre tract and the 320 acre tract, 125.08 feet to
   48-6  a steel fence post found;
   48-7        THENCE, N3031'15"E, 204.35 feet to a 5/8" iron rod found;
   48-8        THENCE, N2957'23"E, continuing with the common line between
   48-9  the 79.9863 acre tract and the 320 acre tract, 360.74 feet to a
  48-10  5/8" iron rod found in the southeast line of the aforesaid 538.5087
  48-11  acre tract;
  48-12        THENCE, N2808'04"W, across the said 320 acre tract, with the
  48-13  southerly line of the 538.5087 acre tract, 2,025.54 feet to a 5/8"
  48-14  iron rod found on the centerline of the aforesaid existing Humble
  48-15  Pipeline Company, pipeline easement;
  48-16        THENCE, N7021'34"W, continuing across the said 320 acre
  48-17  tract, with the centerline of the said Humble Pipeline, 1,386.97
  48-18  feet to a 1/2" iron rod found for a southwest corner of the
  48-19  538.5087 acre tract and a point in the easterly line of that 3.48
  48-20  acre tract conveyed to Dan P. Scranton by deed recorded in Volume
  48-21  4217, Page 236 of the said deed records;
  48-22        THENCE, N3211'17"E, with a westerly line of the said
  48-23  538.5087 acre tract, at 144.68 feet pass a 5/8" iron rod found for
  48-24  the northeast corner of the 3.48 acre tract, being the southeast
  48-25  corner of that 3.45 acre tract conveyed to Arnold A. Jensen by deed
  48-26  recorded in Volume 7101, Page 123 of the said deed records, for a
  48-27  total distance of 404.54 feet to a 5/8" iron rod found for the
   49-1  northeast corner of the aforesaid 3.45 acre tract, being the
   49-2  southeast corner of that 3.42 acre tract conveyed to John T.
   49-3  Alexander Et Ux by deed recorded in Volume 5019, Page 1341 of the
   49-4  Deed Records of Travis County, Texas;
   49-5        THENCE, N3204'03"E, continuing with the said westerly line
   49-6  of the 538.5087 acre tract, 259.87 feet to a 5/8" iron rod found
   49-7  for the northeast corner of the said 3.42 acre tract, being the
   49-8  southeast corner of that 3.23 acre tract conveyed to L.  Van Sickle
   49-9  by deed recorded in Volume 4822, Page 1413 of the said Deed
  49-10  Records;
  49-11        THENCE, N3208'30"E, 199.96 feet to a 1/2" iron pipe found
  49-12  for an ell corner of the said 538.5087 acre tract, being the
  49-13  northeast corner of the 3.23 acre tract;
  49-14        THENCE, N5939'43"W, with the common line between the said
  49-15  538.5087 acre tract and the 3.23 acre tract, 28.23 feet to a 60d
  49-16  nail found in a cedar tree;
  49-17        THENCE, N4040'12"W, with the northerly line of the said 3.23
  49-18  acre tract, 238.75 feet to a 1/2" iron pipe found at a cattle guard
  49-19  for a southwest corner of the 538.5087 acre tract;
  49-20        THENCE, N6056'11"W, with the common line between the
  49-21  538.5087 acre tract and the 3.23 acre tract, 7.46 feet to a 1/2"
  49-22  iron pipe found;
  49-23        THENCE, N7539'02"W, continuing with the said common line
  49-24  between the 538.5087 acre tract and the 3.23 acre tract, 40.48 feet
  49-25  to a 5/8" iron rod found;
  49-26        THENCE, N5752'12"W, with the southerly line of the said
  49-27  538.5087 acre tract, 807.29 feet to a 1/2" iron rod found in the
   50-1  northerly line of that 3.41 acre tract conveyed to Edwin Dudley by
   50-2  deed recorded in Volume 6405, Page 1177 of the said deed records;
   50-3        THENCE, with the common line between the said 538.5087 acre
   50-4  tract and the 3.41 acre tract for the following three (3) courses:
   50-5        1)  N0729'32"W, 16.38 feet to a 60d nail found in a fence
   50-6  corner post at a cattle guard;
   50-7        2)  N6318'41"W, 6.83 feet to a 60d nail found in a fence
   50-8  corner post;
   50-9        3)  S8133'38"W, 17.89 feet to a 1/2" iron rod found for the
  50-10  northwest corner of the said 3.41 acre tract, being the most
  50-11  westerly southwest corner of the 538.5087 acre tract, and a point
  50-12  on the aforesaid easterly right-of-way line of State Highway F.M.
  50-13  1826;
  50-14        THENCE, with the common line between the 538.5087 acre tract
  50-15  and the easterly right-of-way line of State Highway F.M. 1826 for
  50-16  the following four (4) courses:
  50-17        1)  N3054'59"E, 632.18 feet to a concrete right-of-way
  50-18  monument found 40.00 feet left of State Highway Centerline Station
  50-19  73+30.5;
  50-20        2)  N2827'31"E, 393.09 feet to a concrete right-of-way
  50-21  monument found for the point of curvature of a curve to the left,
  50-22  40.00 feet left of State Highway Centerline Station 69+38.5;
  50-23        3)  with the said curve to the left having a central angle of
  50-24  0630'44", a radius of 3,859.21 feet, a chord distance of 438.40
  50-25  feet (chord bears N2504'58"E) for an arc distance of 438.64 feet
  50-26  to a concrete right-of-way monument found for the point of
  50-27  tangency, 40.00 feet left of State Highway Centerline Station
   51-1  65+03;
   51-2        4)  N2150'08"E, 774.26 feet to the PLACE OF BEGINNING,
   51-3  CONTAINING within these metes and bounds 4,661.248 acres of land
   51-4  area.
   51-5        SECTION 6.02.  FINDINGS RELATED TO BOUNDARIES.  The
   51-6  legislature finds that the boundaries and field notes of the
   51-7  district form a closure.  A mistake in the field notes or in
   51-8  copying the field notes in the legislative process does not affect
   51-9  the organization, existence, or validity of the district, the right
  51-10  of the district to issue bonds or refunding bonds or to pay the
  51-11  principal of or interest on bonds, the right of the district to
  51-12  levy and collect taxes, or the legality or operation of the
  51-13  district  or its board.
  51-14        SECTION 6.03.  FINDING OF BENEFIT.  All of the land and other
  51-15  property included within the boundaries of the district will be
  51-16  benefitted by the works and projects that are to be accomplished by
  51-17  the district under powers conferred by this Act.  The district is
  51-18  created to serve a public use and benefit.
  51-19        SECTION 6.04.  ADDITION OF TERRITORY.  (a)  In accordance
  51-20  with this section, the district may annex additional territory in
  51-21  Travis County that is:
  51-22              (1)  located in the Bear Creek, Slaughter Creek, or
  51-23  Williamson Creek watersheds; and
  51-24              (2)  not located in the corporate limits of a
  51-25  municipality.
  51-26        (b)  Proceedings for the annexation of territory by the
  51-27  district may only be initiated by a petition signed by the owners
   52-1  of the land proposed to be annexed.  The petition must request that
   52-2  the board hold a public hearing on the matters set out in the
   52-3  petition.
   52-4        (c)  The board shall hear and consider the petition and may
   52-5  annex the territory if the board determines that the land should be
   52-6  annexed.
   52-7        (d)  The consent of a municipality or other governmental
   52-8  entity or political subdivision of the state is not required for
   52-9  any annexation of territory by the district.
  52-10        (e)  In a calendar year, the district may not annex a total
  52-11  area greater than 10 percent of the area of the district territory
  52-12  on January 1 of that year plus any amount carried over to that year
  52-13  under this subsection, except that the district may not annex in a
  52-14  calendar year a total area greater than 30 percent of the area of
  52-15  the district territory as of January 1 of that year.  If the
  52-16  district fails to annex in a calendar year the entire 10 percent
  52-17  amount permitted under this subsection, the district may carry over
  52-18  the unused allocation for use in subsequent calendar years.  For
  52-19  the calendar year 1995, the district may not annex a total area
  52-20  greater than 10 percent of the district territory on the effective
  52-21  date of this Act.  Notwithstanding this subsection, the district
  52-22  territory may not exceed 8,000 acres.
  52-23                 ARTICLE 7.  MISCELLANEOUS PROVISIONS
  52-24        SECTION 7.01.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
  52-25  (a)  The proper and legal notice of the intention to introduce this
  52-26  Act, setting forth the general substance of this Act, has been
  52-27  published as provided by law, and the notice and a copy of this Act
   53-1  have been furnished to all persons, agencies, officials, or
   53-2  entities to which they are required to be furnished by the
   53-3  constitution and other laws of this state, including the governor,
   53-4  who has submitted the notice and the Act to the Texas Natural
   53-5  Resource Conservation Commission.
   53-6        (b)  The Texas Natural Resource Conservation Commission has
   53-7  filed its recommendations relating to this Act with the governor,
   53-8  lieutenant governor, and speaker of the house of representatives
   53-9  within the required time.
  53-10        (c)  All requirements of the constitution and laws of this
  53-11  state and of the rules and procedures of the legislature with
  53-12  respect to the notice, introduction, and passage of this Act are
  53-13  fulfilled and accomplished.
  53-14        SECTION 7.02.  EXISTING COUNTIES, RIVER AUTHORITIES, AND
  53-15  UNDERGROUND WATER CONSERVATION DISTRICTS.  (a)  Notwithstanding any
  53-16  provision of this Act, this Act does not impair, limit, supersede,
  53-17  or alter the powers, rights, privileges, duties, functions, or
  53-18  jurisdiction of a river authority in existence on the effective
  53-19  date of this Act the territory of which comprises at least three
  53-20  counties and includes all or part of the district, except that such
  53-21  a river authority may not impose or apply any regulatory ordinance,
  53-22  rule, or regulation within the district without the agreement of
  53-23  the district.
  53-24        (b)  Notwithstanding any provision of this Act, this Act does
  53-25  not impair, limit, supersede, or alter the powers, rights,
  53-26  privileges, duties, functions, or jurisdiction of an underground
  53-27  water conservation district created under or governed by Chapter
   54-1  52, Water Code, or a county in existence on the effective date of
   54-2  this Act, the territory of which includes all or part of the
   54-3  district, except that such an underground water conservation
   54-4  district or county may not impose or apply without agreement of the
   54-5  district any regulatory ordinance, rule, or regulation within the
   54-6  district that:
   54-7              (1)  is inconsistent with the requirements of Sections
   54-8  3.01(c)(4) and 3.07(a) of this Act; or
   54-9              (2)  has not been adopted and approved by the board of
  54-10  directors of the underground water conservation district or
  54-11  commissioners court of the county, as applicable.
  54-12        SECTION 7.021.  Notwithstanding any other provision of this
  54-13  Act, this Act shall not limit, impair, supersede, or alter the
  54-14  powers, duties, rights, privileges, functions, or jurisdiction of a
  54-15  groundwater conservation district created under Section 59, Article
  54-16  XVI, Texas Constitution, in existence on the effective date of this
  54-17  Act that is composed in whole or in part of the territory of the
  54-18  district.
  54-19        SECTION 7.03.  EXISTING SERVICE.  A local government
  54-20  providing water, wastewater, drainage, or solid waste disposal
  54-21  service to an area within the district on January 1, 1995, shall
  54-22  continue to provide the service to all applicants for the service
  54-23  located within the local government's service area on January 1,
  54-24  1995.  If, on January 1, 1995, a contract exists that applies to a
  54-25  local government's provision of water, wastewater, drainage, or
  54-26  solid waste disposal service within the district, then the local
  54-27  government's obligation to provide service is governed by the
   55-1  contract during the contract's term.
   55-2        SECTION 7.04.  SEVERABILITY.  If any portion of this Act or
   55-3  the application of any portion of this Act to any person or set of
   55-4  circumstances is held by a court to be unconstitutional, void,
   55-5  invalid, or unenforceable, the validity of the remaining portions
   55-6  of this Act or the application of the challenged portion of the Act
   55-7  to other persons or sets of circumstances shall not be affected by
   55-8  the court's holding.  It is the intent of the legislature in
   55-9  adopting this Act that no portion of the Act become inoperative or
  55-10  fail by reason of the unconstitutionality or invalidity of any
  55-11  other portion of the Act.
  55-12        SECTION 7.05.  EMERGENCY.  The importance of this legislation
  55-13  and the crowded condition of the calendars in both houses create an
  55-14  emergency and an imperative public necessity that the
  55-15  constitutional rule requiring bills to be read on three several
  55-16  days in each house be suspended, and this rule is hereby suspended,
  55-17  and that this Act take effect and be in force from and after its
  55-18  passage, and it is so enacted.