By Saunders H.B. No. 3193
74R3133 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the North Hays County Water Authority.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. GENERAL PROVISIONS
1-6 SECTION 1.01. CREATION. (a) A conservation and reclamation
1-7 district, to be known as the North Hays County Water Authority, is
1-8 created in Hays County and Travis County. A confirmation election
1-9 is not necessary. The authority is a governmental agency and a
1-10 body politic and corporate.
1-11 (b) The authority 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) "Authority" means the North Hays County Water
1-16 Authority.
1-17 (2) "Board" means the board of directors of the
1-18 authority.
1-19 (3) "Commission" means the Texas Natural Resource
1-20 Conservation Commission.
1-21 (4) "Director" means a member of the board.
1-22 (5) "Disposal system" means any system for disposing
1-23 of waste, including a sewer system, drainage system, or treatment
1-24 facility.
2-1 (6) "District" means the territory included in the
2-2 authority.
2-3 (7) "Local government" means a municipality, county,
2-4 river authority, or water district or authority acting under
2-5 Section 52, Article III, or Section 59, Article XVI, Texas
2-6 Constitution.
2-7 (8) "Person" has the meaning assigned by Section
2-8 311.005, Government 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 body of surface water, natural
2-22 or artificial, navigable or nonnavigable, that is wholly or
2-23 partially in the district.
2-24 ARTICLE 2. ADMINISTRATIVE PROVISIONS
2-25 SECTION 2.01. BOARD. (a) The authority's powers, rights,
2-26 duties, and functions are exercised by a board of directors.
2-27 (b) The board consists of:
3-1 (1) three members appointed by the governor;
3-2 (2) three members appointed by the lieutenant
3-3 governor; and
3-4 (3) three additional members appointed by the
3-5 lieutenant governor from a list provided by the speaker of the
3-6 house of representatives.
3-7 (c) In appointing members under Subsection (b)(3) of this
3-8 section, the lieutenant governor may reject the names on the list
3-9 and request another list from the speaker.
3-10 SECTION 2.02. DIRECTOR ELIGIBILITY. To be eligible for
3-11 appointment as a director, a person must be a resident of Hays
3-12 County or Travis County.
3-13 SECTION 2.03. TERMS OF DIRECTORS AND APPOINTMENT PROCEDURES.
3-14 (a) Other than initial directors, directors are appointed for
3-15 staggered terms of six years with three members' terms expiring
3-16 September 1 of each odd-numbered year.
3-17 (b) Appointment of initial directors shall be made promptly
3-18 after this Act takes effect. The governor and lieutenant governor
3-19 each shall appoint one initial director to serve a term expiring
3-20 September 1, 1997, one initial director to serve a term expiring
3-21 September 1, 1999, and one initial director to serve a term
3-22 expiring September 1, 2001. In addition, the lieutenant governor
3-23 shall appoint three initial directors from a list provided by the
3-24 speaker of the house of representatives with one to serve a term
3-25 expiring September 1, 1997, one to serve a term expiring September
3-26 1, 1999, and one to serve a term expiring September 1, 2001.
3-27 (c) When a director's term expires, the person who appointed
4-1 the director shall appoint a successor.
4-2 (d) When a director dies, resigns, or is otherwise removed,
4-3 the person who appointed the director shall appoint a successor to
4-4 serve for the unexpired term.
4-5 SECTION 2.04. QUALIFICATION OF DIRECTOR. Each director must
4-6 qualify to serve as director in the manner provided by Sections
4-7 51.078 and 51.079, Water Code. The authority shall pay the
4-8 premiums for each director's bond required under Section 51.079,
4-9 Water Code.
4-10 SECTION 2.05. MEETINGS AND ACTIONS OF THE BOARD. (a) The
4-11 board shall adopt bylaws at its first meeting or as soon after the
4-12 first meeting as is practicable.
4-13 (b) The board shall meet at least four times each year, and
4-14 may meet at any other time provided in its bylaws.
4-15 (c) Except as otherwise provided in this Act, the vote of a
4-16 majority of directors is required for board action.
4-17 SECTION 2.06. ORGANIZATION OF BOARD. (a) The board shall
4-18 elect from its members a chair, vice chair, secretary, and other
4-19 officers as necessary. A person elected to a board office serves
4-20 in that capacity for a period of two years or until the person
4-21 ceases to be a director, whichever occurs first. An officer's
4-22 period of service begins at a time provided by the bylaws.
4-23 (b) If a vacancy occurs in a board office, the directors
4-24 shall elect a person to fill the unexpired period of service at the
4-25 next board meeting.
4-26 (c) The board by its bylaws shall prescribe:
4-27 (1) the powers and duties of each board office; and
5-1 (2) procedures to remove a director from a board
5-2 office.
5-3 SECTION 2.07. INTEREST IN CONTRACT. A director who is
5-4 financially interested in a contract proposed to be executed by the
5-5 authority for the purchase of property or services or the
5-6 construction of facilities shall disclose the interest to the board
5-7 and may not vote on acceptance of the contract.
5-8 SECTION 2.08. DIRECTOR'S COMPENSATION. (a) Subject to
5-9 Subsection (b), a director is entitled to receive an allowance of
5-10 $50 a day and reimbursement for actual and necessary expenses
5-11 incurred:
5-12 (1) for each day the director attends a meeting of the
5-13 board; and
5-14 (2) for each day the board authorizes the director to
5-15 attend to authority business.
5-16 (b) A director may not receive a per diem allowance for more
5-17 than 20 days in a calendar year.
5-18 SECTION 2.09. GENERAL MANAGER. (a) The board shall employ
5-19 a general manager for a term and salary set by the board.
5-20 (b) The general manager is the chief executive officer of
5-21 the authority. In accordance with policies adopted by the board,
5-22 the general manager is responsible for:
5-23 (1) administering the board's directives;
5-24 (2) keeping the authority's records, including minutes
5-25 of board meetings;
5-26 (3) coordinating with state, federal, and local
5-27 agencies;
6-1 (4) developing plans and programs for the board's
6-2 approval;
6-3 (5) hiring, supervising, training, and discharging the
6-4 authority's employees;
6-5 (6) obtaining technical, scientific, legal, fiscal,
6-6 and other professional services; and
6-7 (7) performing any other duties the board assigns.
6-8 (c) The board may discharge the general manager.
6-9 SECTION 2.10. EMPLOYEES BONDS. (a) The general manager and
6-10 each employee of the authority who is charged with the collection,
6-11 custody, or payment of any money of the authority shall execute a
6-12 fidelity bond in an amount determined by the board and in a form
6-13 and with a surety approved by the board.
6-14 (b) The authority shall pay the premiums on the employees'
6-15 bonds under this section.
6-16 SECTION 2.11. PRINCIPAL OFFICE. The authority shall
6-17 maintain its principal office inside the district.
6-18 SECTION 2.12. RECORDS. (a) The authority shall keep:
6-19 (1) complete and accurate accounts of its business
6-20 transactions in accordance with generally accepted methods of
6-21 accounting;
6-22 (2) complete and accurate minutes of its meetings; and
6-23 (3) its accounts, contracts, documents, minutes, and
6-24 other records at its principal office.
6-25 (b) The authority shall permit reasonable public inspection
6-26 of its records during regular business hours.
6-27 SECTION 2.13. SEAL. The authority shall adopt a seal and
7-1 may change the seal from time to time.
7-2 SECTION 2.14. SUIT. The authority may sue and be sued in
7-3 its corporate name.
7-4 ARTICLE 3. POWERS AND DUTIES
7-5 SECTION 3.01. GENERAL POWERS AND DUTIES. (a) The authority
7-6 shall:
7-7 (1) administer and enforce the terms of this Act;
7-8 (2) use its facilities and powers to accomplish the
7-9 purposes of this Act;
7-10 (3) coordinate the provision of water, wastewater, and
7-11 drainage services; and
7-12 (4) control and abate water pollution within the
7-13 district.
7-14 (b) The creation of a local government, political
7-15 subdivision, or municipal corporation within the district, or
7-16 annexation of district territory by a local government, political
7-17 subdivision, or municipal corporation is prohibited unless approved
7-18 by board resolution.
7-19 (c) Subject only to the commission's authority, the
7-20 authority has exclusive authority to control and abate water
7-21 pollution within the district.
7-22 (d) Except as expressly limited by this Act, the authority
7-23 shall have all powers, rights, and privileges necessary and
7-24 convenient for accomplishing the purposes of this Act conferred by
7-25 general law upon any conservation and reclamation district created
7-26 pursuant to Section 59, Article XVI, Texas Constitution.
7-27 (e) The powers granted to the authority in this Act are
8-1 cumulative of all powers granted by other law.
8-2 SECTION 3.02. AUTHORITY RULES. (a) The authority shall
8-3 adopt and enforce rules reasonably required to implement this Act,
8-4 including rules governing procedure and practice before the board.
8-5 (b) The authority shall print its rules and furnish copies
8-6 of the rules to any person on written request.
8-7 SECTION 3.03. INSPECTIONS AND INVESTIGATIONS. The authority
8-8 may enter public or private property in the district for the
8-9 purpose of inspecting and investigating conditions relating to its
8-10 authorized purposes under the same provisions and restrictions
8-11 applicable to the commission.
8-12 SECTION 3.04. HEARING AND ORDER. (a) The board may:
8-13 (1) hold hearings, receive evidence from any party in
8-14 interest who appears before the board, compel the attendance of
8-15 witnesses, and make findings of fact and determinations with
8-16 respect to administering this Act or any order or rule of the
8-17 authority; and
8-18 (2) delegate to one or more of its members or
8-19 employees the authority to take testimony and administer oaths in
8-20 any hearing held or authorized to be held by the authority.
8-21 (b) An order of the board must be:
8-22 (1) in the authority's name; and
8-23 (2) attested by proper members of the board under the
8-24 authority's rules.
8-25 SECTION 3.05. CIVIL PENALTY; INJUNCTION. (a) A person who
8-26 violates a rule, permit, or order of the authority is subject to a
8-27 civil penalty of not less than $50 and not more than $1,000 for
9-1 each violation or each day of a continuing violation.
9-2 (b) The authority may sue to recover the penalty in a
9-3 district court in the county where the violation occurred. The
9-4 penalty shall be paid to the authority.
9-5 (c) The authority may sue for injunctive relief in a
9-6 district court in the county where a violation of its rule, permit,
9-7 or order occurs or is threatened to occur. The court may grant to
9-8 the authority, without bond or other undertaking, a prohibitory or
9-9 mandatory injunction that the facts warrant, including a temporary
9-10 restraining order, temporary injunction, or permanent injunction.
9-11 (d) The authority may sue for injunctive relief and a civil
9-12 penalty in the same proceeding.
9-13 (e) The commission is a necessary party to a suit brought
9-14 under this section.
9-15 SECTION 3.06. COURT REVIEW. (a) A person who is adversely
9-16 affected by a rule, act, or order of the authority may sue the
9-17 authority in district court to set aside the rule, act, or order.
9-18 (b) The suit must be filed not later than the 60th day after
9-19 the date on which the rule, act, or order takes effect.
9-20 (c) Venue for a suit under this section is in any county in
9-21 the district.
9-22 SECTION 3.07. WATER QUALITY STANDARDS AND CRITERIA. (a)
9-23 The authority shall prescribe a water pollution control and
9-24 abatement program for the district after public hearing. The
9-25 program must:
9-26 (1) apply equally and uniformly throughout the
9-27 district; and
10-1 (2) be designed to protect the public health.
10-2 (b) The authority shall submit the program to the commission
10-3 for review and approval. The commission by rule may provide
10-4 criteria for the establishment, review, and approval of the
10-5 program, consistent with uniform state water quality standards
10-6 adopted by the commission.
10-7 (c) If the commission finds that the proposed program is not
10-8 consistent with state water quality standards, it shall notify the
10-9 authority in writing of the specific inconsistency not later than
10-10 the 90th day after receipt of the proposed program. The authority
10-11 may amend the proposed program in response to the commission's
10-12 objections. If the authority amends the proposed program in
10-13 response to the commission's objections, the commission shall
10-14 promptly notify the authority in writing whether the commission
10-15 approves the proposal as amended.
10-16 (d) If the commission does not notify the authority that it
10-17 objects to the proposed program as required by Subsection (c), the
10-18 program shall become operative on the 91st day after the commission
10-19 receives the proposed program. If the commission notifies the
10-20 authority as required by Subsection (c) that it finds the proposed
10-21 program to be inconsistent with state water quality standards, the
10-22 program may not become operative until the date on which the
10-23 commission approves the program.
10-24 (e) The commission shall adopt and assess fees adequate to
10-25 recover the costs of the commission in administering this section.
10-26 SECTION 3.08. WATER, WASTEWATER, OR DRAINAGE CONTROL PLANS.
10-27 The authority shall, as needed, develop, prepare, and revise
11-1 comprehensive water, wastewater, or drainage control plans for
11-2 various areas of the district. The plans must be consistent with
11-3 the requirements and rules of the commission. The plans must be
11-4 compatible with other governmental plans for the areas to the
11-5 extent practicable.
11-6 SECTION 3.09. REGULATION OF SOLID WASTE. (a) The authority
11-7 shall establish minimum standards of operation for all activities
11-8 and facilities in the district that are related to solid waste
11-9 collection, storage, or disposal, including sanitary landfills or
11-10 the incineration or composting of waste.
11-11 (b) Before establishing the standards, the authority shall:
11-12 (1) give public notice and hold public hearings in
11-13 the time and manner prescribed by board rule; and
11-14 (2) consult with the commission to ensure that the
11-15 standards are consistent with established criteria.
11-16 (c) Before the board adopts a standard under this section,
11-17 the board must find that the standard is reasonably necessary to
11-18 protect the public health from water pollution or other
11-19 environmental harm.
11-20 (d) To amend a standard established under this section, the
11-21 authority must follow the same procedures required for establishing
11-22 a standard.
11-23 (e) The authority may adopt rules to implement standards
11-24 established under this section. The rules may require permits for
11-25 the operation of solid waste disposal sites and other aspects of
11-26 solid waste handling and may include criteria for the issuance and
11-27 revocation of the permits.
12-1 SECTION 3.10. SEPTIC TANKS. (a) If the authority finds
12-2 that the nature of the soil or drainage in the district requires
12-3 regulation of septic tanks to prevent water pollution or to
12-4 protect the public health, the authority by rule may:
12-5 (1) restrict the number and types of septic tanks
12-6 permitted in a specified area;
12-7 (2) forbid the use of a septic tank in a specified
12-8 area;
12-9 (3) forbid the installation of a new septic tank in a
12-10 specified area;
12-11 (4) establish a permit system for the installation of
12-12 a new septic tank in a specified area; or
12-13 (5) seek a gradual reduction of the number or types of
12-14 septic tanks in a specified area.
12-15 (b) Before the board adopts a rule under this section, the
12-16 board shall:
12-17 (1) consult with the commission; and
12-18 (2) hold a public hearing in the area to be affected
12-19 by the rule.
12-20 SECTION 3.11. ACQUISITION, CONSTRUCTION, AND OPERATION OF
12-21 SYSTEMS. The authority may:
12-22 (1) acquire and provide by purchase, gift, or lease
12-23 any water service, wastewater service, drainage service, or
12-24 disposal service within the district;
12-25 (2) construct a disposal system and provide disposal
12-26 services within the district;
12-27 (3) operate or sell a disposal system the authority
13-1 constructs or acquires;
13-2 (4) contract with any person to operate or maintain a
13-3 disposal system the person owns; and
13-4 (5) contract with any person to train or supervise
13-5 employees of a disposal system.
13-6 SECTION 3.12. SYSTEM CONTRACTS. (a) The authority may
13-7 contract to receive and treat or dispose of water, wastewater,
13-8 drainage, or wastes from any person in the district.
13-9 (b) In a contract under this section, the authority shall
13-10 set fees on the basis of:
13-11 (1) the quality and quantity of the water, wastewater,
13-12 drainage, or waste;
13-13 (2) the difficulty in treating or disposing of the
13-14 water, wastewater, drainage, or waste;
13-15 (3) operation and maintenance expenses and debt
13-16 retirement service costs; and
13-17 (4) any other reasonable consideration.
13-18 SECTION 3.13. SALE OF WATER OR BY-PRODUCT. The authority
13-19 may store and sell:
13-20 (1) water; or
13-21 (2) a by-product from the authority's operations.
13-22 SECTION 3.14. PERMITS FROM COMMISSION. (a) The authority
13-23 may apply to the commission for a permit to appropriate water.
13-24 (b) The authority may apply to the commission for a water
13-25 storage or use permit to store and sell water under Section 3.13 of
13-26 this Act.
13-27 SECTION 3.15. EMINENT DOMAIN. The authority may exercise
14-1 the power of eminent domain under Chapter 21, Property Code, to
14-2 acquire property of any kind in Hays County or Travis County that
14-3 is:
14-4 (1) appropriate for the exercise of the authority's
14-5 functions; and
14-6 (2) within the district or adjacent to the district.
14-7 SECTION 3.16. RELOCATION OF FACILITIES. If the authority
14-8 requires relocating, raising, lowering, rerouting, changing the
14-9 grade of, or altering the construction of a railroad, highway,
14-10 pipeline, or an electric transmission or distribution, telegraph,
14-11 or telephone line conduit, pole, or facility, the authority shall
14-12 pay the cost of that action so as to provide comparable replacement
14-13 of any replaced facility, less the replaced facility's net salvage
14-14 value.
14-15 SECTION 3.17. USE OF PUBLIC EASEMENTS. The authority may
14-16 use any public roadway, street, alley, or easement in Hays County
14-17 or Travis County to accomplish its purposes, without the necessity
14-18 of securing a franchise or other governmental agreement.
14-19 SECTION 3.18. ACQUISITION AND DISPOSITION OF PROPERTY. (a)
14-20 The authority may purchase, lease, acquire by gift, maintain, use,
14-21 or operate property of any kind that is appropriate for the
14-22 exercise of its functions.
14-23 (b) The board may sell to the highest bidder, at a public or
14-24 private sale, or may exchange any property owned by the authority
14-25 that is not required to carry out the authority's purposes. Before
14-26 conducting a public or a private sale of property, the authority
14-27 shall give notice of its intent to sell the property by publishing
15-1 notice once a week for two consecutive weeks in a newspaper of
15-2 general circulation in the district.
15-3 SECTION 3.19. FACILITIES. The authority may acquire,
15-4 construct, extend, improve, maintain, reconstruct, use, or operate
15-5 any facility necessary or convenient to the exercise of its powers,
15-6 rights, duties, or functions.
15-7 SECTION 3.20. CONTRACTS. (a) The authority may make
15-8 contracts and execute instruments necessary or convenient to the
15-9 exercise of its powers, rights, duties, or functions. The
15-10 authority may not enter into a contract with a term greater than 50
15-11 years.
15-12 (b) This section does not prohibit the authority from
15-13 purchasing surplus property from the United States through a
15-14 negotiated contract without bids.
15-15 (c) An officer, agent, or employee of the authority who is
15-16 financially interested in a contract of the type described in
15-17 Subsection (b) of this section shall disclose the interest to the
15-18 board before the board votes on the acceptance of the contract.
15-19 (d) Notwithstanding any provision of a municipality's
15-20 charter, a contract between the authority and a municipality need
15-21 not be submitted to the municipality's electorate.
15-22 SECTION 3.21. COOPERATIVE AGREEMENTS. The authority may
15-23 enter into cooperative agreements with other local governments,
15-24 state agencies, or agencies of the United States:
15-25 (1) to perform water, wastewater, drainage, or waste
15-26 disposal management, inspection, and enforcement functions and to
15-27 give technical aid and education services to any party to the
16-1 agreement; and
16-2 (2) to transfer money or property to any party to the
16-3 agreement for the purpose of water quality and waste disposal
16-4 management, inspection, enforcement, and technical aid and
16-5 education.
16-6 ARTICLE 4. GENERAL FISCAL PROVISIONS
16-7 SECTION 4.01. DISBURSEMENT OF MONEY. The authority may
16-8 disburse money only by check, draft, order, or other instrument
16-9 signed by the person or persons authorized in the board's bylaws or
16-10 by board resolution.
16-11 SECTION 4.02. FEES AND CHARGES. The authority may establish
16-12 fees and charges not to exceed the amounts necessary to enable the
16-13 authority to fulfill the obligations imposed on it by this Act.
16-14 SECTION 4.03. LOANS AND GRANTS. (a) The authority may
16-15 borrow money and accept grants for its corporate purposes.
16-16 (b) The authority may borrow money and accept grants from
16-17 private sources, the United States, the state, and local
16-18 governments. The authority may enter into any agreement in
16-19 connection with a loan or grant that does not conflict with state
16-20 or federal law.
16-21 (c) Information of the source, amount, and any restriction
16-22 on expenditure of money the authority accepts is public
16-23 information.
16-24 SECTION 4.04. FISCAL YEAR. The board shall establish the
16-25 authority's fiscal year.
16-26 SECTION 4.05. INDEPENDENT AUDIT AND REPORT. (a) The board
16-27 shall have an audit of the authority's affairs for each fiscal year
17-1 prepared by an independent certified public accountant of
17-2 recognized integrity and ability.
17-3 (b) The authority shall keep at least one copy of the most
17-4 recent audit at the authority's office.
17-5 (c) The authority shall make a copy of the most recent audit
17-6 available for inspection by any interested person during regular
17-7 business hours.
17-8 SECTION 4.06. DEPOSITORY BANKS. (a) The board shall
17-9 designate one or more banks to serve as depository for the
17-10 authority's money. The authority shall deposit all of its money in
17-11 the designated depository bank or banks, except:
17-12 (1) to the extent provided in a trust indenture, the
17-13 authority may deposit bond proceeds and money pledged to pay bonds
17-14 with the trustee bank named in the trust indenture; and
17-15 (2) money pledged to pay bonds shall be remitted to
17-16 the bank of payment for the payment of principal and interest on
17-17 bonds.
17-18 (b) To the extent that money in a depository bank or trustee
17-19 bank is not invested or insured by the Federal Deposit Insurance
17-20 Corporation, the money shall be secured in the manner provided by
17-21 law for the security of state money.
17-22 (c) Before designating a depository bank, the board shall
17-23 publish notice at least once in a newspaper of general circulation
17-24 in the district requesting applications from banks interested in
17-25 serving as a depository. The notice shall include the time and
17-26 location of the board meeting at which the board proposes to
17-27 designate a depository bank. The board shall prescribe the term of
18-1 service of a depository bank.
18-2 (d) At the time stated in the notice required by Subsection
18-3 (c), the board shall consider the applications received and the
18-4 management and condition of each bank that files an application.
18-5 The board may designate as a depository the bank or banks that
18-6 offer the most favorable terms and conditions for the handling of
18-7 the authority's money and that have proper management and the
18-8 ability to properly handle the authority's money. Membership of an
18-9 officer or director of a bank on the board of the authority does
18-10 not disqualify the bank from being designated as a depository.
18-11 (e) If no application is received by the time stated in the
18-12 notice, the board may designate a bank or banks on such terms and
18-13 conditions as the board considers prudent.
18-14 ARTICLE 5. BOND AND TAX PROVISIONS
18-15 SECTION 5.01. REVENUE BONDS. (a) For the purpose of
18-16 carrying out a power or authority conferred by this Act, the
18-17 authority may issue bonds secured by a pledge of all or part of the
18-18 revenues accruing to the authority from a source other than ad
18-19 valorem taxes, including money received from tolls, charges, the
18-20 sale of water or other products, and the provision of services.
18-21 (b) The authority's bonds shall:
18-22 (1) be authorized by board resolution;
18-23 (2) be issued in the authority's name;
18-24 (3) be signed by the chair or vice chair;
18-25 (4) be attested by the secretary; and
18-26 (5) bear the authority's seal.
18-27 (c) The board may prescribe the form, denomination, and
19-1 interest rate of bonds issued by the authority, except that bonds
19-2 must mature serially or otherwise not more than 50 years after
19-3 their date. The board may sell bonds at prices and under terms
19-4 that the board determines to be the most advantageous reasonably
19-5 available. The authority's bonds may be made redeemable before
19-6 maturity at times and prices prescribed in the bonds. The
19-7 authority's bonds may be secured by an indenture of trust with a
19-8 corporate trustee.
19-9 (d) The authority may issue bonds in more than one series as
19-10 required for carrying out the purposes of this Act. The authority
19-11 may, in issuing bonds secured by the authority's revenues, reserve
19-12 the right to issue additional bonds secured by the authority's
19-13 revenues that are on a parity with or are senior or subordinate to
19-14 the bonds issued earlier.
19-15 (e) The resolution authorizing the bonds or the trust
19-16 indenture securing the bonds may specify additional provisions that
19-17 shall constitute a contract between the authority and its
19-18 bondholders. The board may provide:
19-19 (1) for additional bond provisions; and
19-20 (2) for a corporate trustee or receiver to take
19-21 possession of the authority's facilities if the authority defaults.
19-22 SECTION 5.02. REFUNDING BONDS. (a) The authority may issue
19-23 refunding bonds to refund outstanding bonds and interest authorized
19-24 by this Act.
19-25 (b) Refunding bonds may:
19-26 (1) be issued to refund one or more series of
19-27 outstanding bonds;
20-1 (2) combine the pledges for the outstanding bonds for
20-2 the security of the refunding bonds; and
20-3 (3) be secured by other or additional revenues.
20-4 (c) The provisions of this Act applicable to the authority's
20-5 issuance of other bonds, their security, their approval by the
20-6 attorney general, and the remedies of the holders are applicable to
20-7 refunding bonds.
20-8 (d) Refunding bonds shall be registered by the comptroller
20-9 of public accounts on surrender and cancellation of the bonds to be
20-10 refunded. Alternatively, the resolution authorizing the issuance
20-11 of refunding bonds may provide that the bonds shall be sold and the
20-12 resulting proceeds deposited in the bank where the bonds to be
20-13 refunded are payable, in which case the refunding bonds may be
20-14 issued in an amount sufficient to pay the principal and interest of
20-15 the bonds to be refunded to their option or maturity date. The
20-16 comptroller of public accounts shall register the refunding bonds
20-17 without concurrent surrender and cancellation of the bonds to be
20-18 refunded.
20-19 SECTION 5.03. APPROVAL AND REGISTRATION OF BONDS. After the
20-20 authority authorizes any bonds, the authority shall submit the
20-21 bonds and the record relating to their issuance to the attorney
20-22 general for approval. If the bonds are secured by a pledge of the
20-23 proceeds of a contract between the authority and a municipality or
20-24 other governmental agency, authority, or district, the authority
20-25 shall submit to the attorney general a copy of the contract and the
20-26 proceedings of the municipality or other governmental agency,
20-27 authority, or district authorizing the contract. If the attorney
21-1 general finds that the bonds have been authorized and the
21-2 contracts, if any, have been made in accordance with the
21-3 constitution and laws of the state, the attorney general shall
21-4 approve the bonds and contracts. On approval, the bonds shall then
21-5 be registered by the comptroller of public accounts.
21-6 SECTION 5.04. BOND ELECTION. The authority may issue bonds
21-7 without an election.
21-8 SECTION 5.05. AUTHORIZED INVESTMENTS. Bonds and refunding
21-9 bonds of the authority are legal, eligible, and authorized
21-10 investments for a public fund of the state, including the State
21-11 Permanent School Fund, or a state agency.
21-12 SECTION 5.06. AD VALOREM TAXATION. (a) Except as provided
21-13 by Subsection (b), the authority may not levy and collect ad
21-14 valorem taxes.
21-15 (b) The qualified voters in the district may, in an election
21-16 called for that purpose, authorize the authority to levy and
21-17 collect ad valorem taxes for the maintenance of the authority and
21-18 its improvements.
21-19 ARTICLE 6. DISTRICT BOUNDARIES
21-20 SECTION 6.01. DESCRIPTION OF BOUNDARIES. The authority
21-21 includes all territory within the district, whether the territory
21-22 contains noncontiguous parcels of land and whether the territory is
21-23 located within the boundaries of any municipality or other
21-24 governmental entity or political subdivision of the state. The
21-25 district includes the territory contained within the following
21-26 area:
21-27 The 4,584.7234 acre tract out of the John Moore Survey No. 66, the
22-1 Jesse Williams Survey No. 62, the Samuel Hamilton Survey No. 16,
22-2 the John G. McGeeHee Survey No. 6, the Thomas Brite Survey No. 65,
22-3 the J. D. Cady Survey Abstract No. 139, the C. W. Hudson Survey
22-4 No. 43, the Richard Hailey Survey No. 35, the Corbet Stevens Survey
22-5 No. 63, the J. Burleson Survey No. 64 and the John M. Bright
22-6 Survey No. 63, Travis and Hays Counties, Texas, being a portion of
22-7 that 2,807.1345 acre tract, described as Tract 1, all of that
22-8 538.5087 acre tract, described as Tract 2, a portion of that
22-9 214.8756 acre tract, described as Tract 3, and all of that 100.0000
22-10 acre tract, described as Tract 4 all conveyed by deed to Circle C
22-11 Land Corp. recorded in Volume 11620, Page 1126 of the Travis County
22-12 Deed Records, all of that 11.7446 acre tract contained within the
22-13 aforesaid 214.8756 acre tract, as dedicated for Slaughter Lane
22-14 (120.00' right-of-way), by plat recorded in Book 86, Pages 180C and
22-15 180D of the Travis County Plat Records, all of that 79.9863 acre
22-16 tract conveyed to the City of Austin by deed recorded in Volume
22-17 9495, Page 275, of the said Deed Records, all of that 46.50000 acre
22-18 tract conveyed to the City of Austin, by deed recorded in Volume
22-19 9495, Page 289 of the said Deed Records, all of that 285.4585 acre
22-20 tract, conveyed to the City of Austin, by deed recorded in Volume
22-21 9495, Page 281 of the said Deed Records, a 25.4133 acre portion of
22-22 that 412.3003 acre tract conveyed to Ira John Yates by deed
22-23 recorded in Volume 10166, Page 726 of the said Deed Records, all of
22-24 that 85.033 acre tract conveyed to Mopac South Transportation
22-25 Corporation by deed recorded in Volume 10719, Page 926 of the said
22-26 Deed Records, all of that 13.845 acre tract conveyed to Mopac South
22-27 Transportation Corporation by deed recorded in Volume 10719, Page
23-1 920 of the said Deed Records, all of that 99.560 acre tract
23-2 conveyed to R. Alan Haywood, Trustee by deed recorded in Volume
23-3 11505, Page 55 of the said Deed Records, all of that 100.2215 acre
23-4 tract, described as Parcel "A", conveyed to Carlene H. Klaus by
23-5 deed recorded in Volume 9724, Page 329 of the said Deed Records,
23-6 all of that 100.2215 acre tract, described as Parcel "B", conveyed
23-7 to Ursula H. Kutra by deed recorded in Volume 9724, Page 317 of the
23-8 said Deed Records and all of that 100.2215 acre tract, described as
23-9 Parcel "C", conveyed to Amelia H. Mettke by deed recorded in Volume
23-10 9724, Page 321 of the said Deed Records; the said 4,584.7234 acre
23-11 tract being more particularly described as follows:
23-12 BEGINNING at a 5/8" iron rod found in the easterly
23-13 right-of-way line of State Highway F.M. 1826 (80' wide) being the
23-14 northwest corner of the said 538.5087 acre tract, a point in the
23-15 southerly line of those tracts of land conveyed to Oak Hill Heights
23-16 Joint Venture by deed recorded in Volume 8154, Page 552, and the
23-17 most westerly point of a boundary line agreement between Jack Mann
23-18 and Josephene Turnbull as described in a deed recorded in Volume
23-19 1133, Page 464 of the said Deed Records;
23-20 THENCE, in a southeasterly direction along the line as
23-21 established by the said boundary line agreement, being the
23-22 northerly line of the 538.5087 acre tract and the southerly line of
23-23 the said Oak Hill Heights Joint Venture, tracts for the following
23-24 nine (9) courses:
23-25 1) S5922'13"E, 133.45 feet to a 1/2" iron pipe found;
23-26 2) S5933'32"E, 676.69 feet to a 5/8" iron rod found;
23-27 3) S5953'12"E, 415.00 feet to a 5/8" iron rod found;
24-1 4) S6013'30"E, 358.42 feet to a 5/8" iron rod found;
24-2 5) S6029'18"E, 157.98 feet to a 1/2" iron rod found for the
24-3 northeast corner of the said 70.96 acre tract, being the
24-4 northwest corner of the 154.44 acre tract;
24-5 6) S6027'13"E, 482.95 feet to a 1/2" iron pipe found;
24-6 7) S6059'20"E, 834.39 feet to a 1/2" iron pipe found;
24-7 8) S6114'02"E, 646.28 feet to a 1/2" iron pipe found;
24-8 9) S6141'08"E, 306.72 feet to a 1/2" iron pipe found;
24-9 THENCE, S6206'50"E, 332.04 feet to a 1/2" iron pipe found
24-10 for the most easterly corner of the aforesaid boundary line
24-11 agreement, being a northeast corner of the 538.5087 acre tract, the
24-12 southeast corner of the said Oak Hill Heights Joint Venture tracts
24-13 and a point in a westerly line of that 479.58 acre tract conveyed
24-14 to Village Joint Venture by deed recorded in Volume 8539, Page 511
24-15 of the Deed Records of Travis County, Texas;
24-16 THENCE, S3005'47"W, at approximately 1,833.10 feet pass the
24-17 northwest corner of the Village at Western Oaks Subdivision,
24-18 Section 16-A, recorded in Book 86, Pages 62A through 62D, for a
24-19 total distance of 2,399.06 feet to a 5/8" iron rod found;
24-20 THENCE, S2950'30"W, with the easterly line of the said
24-21 538.5087 acre tract, 276.17 feet to a 1/2" iron pipe found for the
24-22 southwest corner of Village at Western Oaks, Section 16-A, being an
24-23 ell corner of the aforesaid 538.5087 acre tract, and a point on the
24-24 centerline of an existing Humble Pipeline Company, pipeline
24-25 easement described in a deed recorded in Volume 994, Page 397 of
24-26 the said Deed Records;
24-27 THENCE, S7011'10"E, with the said Humble Pipeline Company
25-1 easement, being the common line between the 538.5087 acre tract and
25-2 Village at Western Oaks, Section 16-A, at 600.33 feet pass a 1/2"
25-3 iron pipe found, at 1,831.37 feet pass a 1/2" iron pipe found, for
25-4 a total distance of 2,413.41 feet to a 1/2" iron rod set on a curve
25-5 to the left in the easterly right-of-way line of Escarpment
25-6 Boulevard (120.00 foot right-of-way) for the southeast corner of
25-7 the aforesaid Village at Western Oaks Subdivision, Section 16-A;
25-8 THENCE, S7011'10"E, continuing with the north line of the
25-9 538.5087 acre tract at 2,913.32 feet pass an iron pipe found at
25-10 3,651.25 feet pass a second iron pipe found, for a total distance
25-11 of 4,238.43 feet to an iron pipe found for the northeast corner of
25-12 the said 538.5087 acre tract, being the southeast corner of that
25-13 479.58 acre tract conveyed to Village Joint Venture by deed
25-14 recorded in Volume 8539, Page 511 and a point in the westerly line
25-15 of that 531.07 acre tract conveyed to Maple Run Joint Venture by
25-16 deed recorded in Volume 7979, Page 932, both of the said deed
25-17 records; the found pipe is also the southeast corner of the
25-18 right-of-way dedicated for State Highway Loop 1 as shown on a plat
25-19 of Village at Western Oaks, Section 21, a subdivision recorded in
25-20 Book 86, Page 145C of the Map Records of Travis County, Texas;
25-21 THENCE, S3040'24"W, with the common line between the
25-22 538.5087 acre tract and the 531.07 acre tract, 448.59 feet to an
25-23 iron rod found;
25-24 THENCE, S3040'33"W, continuing with the said common line
25-25 between the 538.5087 acre tract and the 531.07 acre tract, 450.39
25-26 feet to an iron rod found;
25-27 THENCE, S7200'01"E, continuing with the said common line,
26-1 158.07 feet to an iron rod found near the centerline of Slaughter
26-2 Creek.
26-3 THENCE, S0218'37"E, continuing with the said common line, at
26-4 230.03 feet pass an iron rod found for the most easterly corner of
26-5 the 538.5087 acre tract, and a northerly corner of the above
26-6 mentioned 285.4585 acre City of Austin tract, for a total distance
26-7 of 424.50 feet to an iron pipe found;
26-8 THENCE, leaving the southerly line of the 538.5087 acre
26-9 tract, along the common line between the said 531.07 acre tract and
26-10 the 285.4585 acre tract for the following eleven (11) courses:
26-11 1) S4145'47"E, for a distance of 96.65 feet to an iron rod
26-12 found;
26-13 2) S7631'42"E, for a distance of 110.76 feet to an iron rod
26-14 found;
26-15 3) N8420'26"E, for a distance of 172.94 feet to an iron rod
26-16 found;
26-17 4) S4757'27"E, for a distance of 109.79 feet to an iron rod
26-18 found;
26-19 5) S2042'20"W, for a distance of 195.48 feet to an iron rod
26-20 found;
26-21 6) S4326'45"E, for a distance of 149.92 feet to an iron rod
26-22 found;
26-23 7) S2111'38"E, for a distance of 141.55 feet to an iron rod
26-24 found;
26-25 8) S1335'11"W, for a distance of 148.65 feet to an iron rod
26-26 found;
26-27 9) S0515'39"E, for a distance of 347.41 feet to an iron rod
27-1 found;
27-2 10) S4023'14"W, for a distance of 269.29 feet to an iron
27-3 rod found;
27-4 11) S7931'14"W, for a distance of 58.41 feet to a point in
27-5 the centerline of Slaughter Creek;
27-6 THENCE, along the centerline of Slaughter Creek, continuing
27-7 with the above said common line between the 531.07 acre tract and
27-8 the 285.4585 acre tract for the following thirteen (13) courses;
27-9 1) S0822'19"W, for a distance of 407.97 feet to an iron rod
27-10 found;
27-11 2) S2626'53"W, for a distance of 329.10 feet to an iron rod
27-12 found;
27-13 3) S0543'44"W, for a distance of 314.04 feet to an iron rod
27-14 found;
27-15 4) S1157'05"E, for a distance of 304.24 feet to an iron rod
27-16 found;
27-17 5) S3706'33"E, for a distance of 176.12 feet to an iron rod
27-18 found;
27-19 6) S6458'21"E, for a distance of 264.75 feet to a nail
27-20 found;
27-21 7) N6439'39"E, for a distance of 295.20 feet to a point;
27-22 8) N8849'06"E, for a distance of 326.14 feet to an iron rod
27-23 found;
27-24 9) S7115'17"E, for a distance of 207.09 feet to an iron rod
27-25 found;
27-26 10) S0537'53"E, for a distance of 155.67 feet to a nail
27-27 found;
28-1 11) S3531'12"E, for a distance of 432.21 feet to an iron
28-2 rod found;
28-3 12) S5645'40"E, for a distance of 110.46 feet to an iron
28-4 pipe found;
28-5 13) S3528'15"E, at a distance of 310.95 feet pass an iron
28-6 pipe found on the east side of Slaughter Creek, for a
28-7 total distance of 323.72 feet to an iron rod found at a
28-8 fence corner post, for the most southerly corner of that
28-9 certain 19.81 acre tract of land conveyed to James W.
28-10 Akins by a deed recorded in Volume 4677, Page 1386 of
28-11 the said Deed Records and a point in the west line of
28-12 the said 214.8756 acre tract;
28-13 THENCE, N2804'16"E, leaving the north line of the 285.4585
28-14 acre tract, along the common line between the 19.81 acre tract and
28-15 the 214.8756 acre tract, for a distance of 551.99 feet to a 1/2"
28-16 iron rod found;
28-17 THENCE, N2918'16"E, with the said common line between the
28-18 said 221.4613 acre tract and the 19.81 acre tract, 504.48 feet to a
28-19 1/2" iron rod found;
28-20 THENCE, N2951'30"E, with the said westerly line of the
28-21 221.4613 acre tract, at 538.05 feet pass a concrete monument found
28-22 in the southerly right-of-way line of Slaughter Lane (120.00 foot
28-23 right-of-way), at 695.41 feet pass a point in the northerly
28-24 right-of-way line of the aforesaid Slaughter Lane (11.7446 acres),
28-25 for a total distance of 843.60 feet to a 1/2" iron rod found for
28-26 the northwest corner of the abovesaid 214.8756 acre tract, being
28-27 the southwest corner of that certain tract conveyed to Clara Brooks
29-1 Chastain by deed recorded in Volume 6887, Page 178 and a point in
29-2 the easterly line of the remainder of that 531.07 acre tract
29-3 conveyed to Maple Run Joint Venture by deed recorded in Volume
29-4 7979, Page 932 both of the Deed Records of Travis County, Texas;
29-5 THENCE, S5957'00"E, leaving the easterly line of the said
29-6 531.07 acre tract, along the northerly line of the 214.8756 acre
29-7 tract, 638.74 feet to a 3/4" iron pipe found for the southeast
29-8 corner of the said Clara Brooks Chastain Tract, being the southwest
29-9 corner of that 199.65 acre tract conveyed to J.D. Carrol et. al. by
29-10 deed recorded in Volume 2522, Page 442 of the said Deed Records;
29-11 THENCE, with the common line between the said 214.8756 acre
29-12 tract and the 199.65 acre tract for the following four (4) courses:
29-13 1) S5953'05"E, 941.26 feet to a 3/4" iron pipe found;
29-14 2) S5944'07"E, 887.29 feet to a 3/4" iron pipe found;
29-15 3) S5925'09"E, 385.48 feet to a 3/4" iron pipe found;
29-16 4) S5938'47"E, 520.87 feet to a 1/2" iron rod found for the
29-17 most northerly northeast corner of the said 214.8756 acre
29-18 tract, being the northwest corner of that 5.1589 acre
29-19 tract conveyed to Gary L. Bradley, Trustee by deed
29-20 recorded in Volume 8882, Page 748 of the said Deed
29-21 Records;
29-22 THENCE, leaving the southerly line of the said 199.65 acre
29-23 tract, with the common line between the 214.8756 acre tract and the
29-24 5.1589 acre tract for the following two (2) courses:
29-25 1) S3030'08"W, 498.76 feet to a 1/2" iron rod found;
29-26 2) S5929'52"E, 450.00 feet to a 1/2" iron rod found for the
29-27 most easterly northeast corner of the 214.8756 acre
30-1 tract, being the southeast corner of the 5.1589 acre
30-2 tract and a point in the westerly right-of-way line of
30-3 Brodie Lane (right-of-way varies);
30-4 THENCE, S3030'08"W, leaving the southerly line of the said
30-5 5.1589 acre tract, with the easterly line of the 214.8756 acre
30-6 tract, being the westerly right-of-way line of Brodie Lane, at
30-7 1,161.13 feet pass a point in the aforesaid northerly right-of-way
30-8 line of Slaughter Lane, at 1,311.13 feet pass a point in the
30-9 aforesaid southerly right-of-way line of Slaughter Lane, for a
30-10 total distance of 2,087.89 feet to a 1/2" iron rod found for the
30-11 southeast corner of the abovesaid 214.8756 acre tract, being a
30-12 point in the northerly line of that 400 acre tract conveyed to
30-13 George Barker by deed recorded in Volume 409, Page 158 of the said
30-14 Deed Records;
30-15 THENCE, with the common line between the said 214.8756 acre
30-16 tract and the 400 acre tract for the following eight (8) courses:
30-17 1) N5923'14"W, 357.99 feet to a 3/4" iron pipe found;
30-18 2) N5939'36"W, 234.36 feet to a 3/4" iron pipe found;
30-19 3) N6026'39"W, 371.13 feet to a 3/4" iron pipe found;
30-20 4) N6019'49"W, 607.54 feet to a 3/4" iron pipe found;
30-21 5) N6015'08"W, at 301.82 feet pass a concrete monument
30-22 found, at 371.82 feet pass a concrete monument found, for
30-23 a total distance of 968.19 feet to a 60d nail found in a
30-24 fence post;
30-25 6) N6045'22"W, continuing with the southerly line of the
30-26 said 214.8756 acre tract, 9.27 feet to a 60d nail found
30-27 in a fence post;
31-1 7) N5935'12"W, continuing along the said southerly line of
31-2 the 214.8756 acre tract, 815.61 feet to a 3/4" iron pipe
31-3 found;
31-4 8) N5925'45"W, for a distance of 410.57 feet to a concrete
31-5 monument found for the southwest corner of the said
31-6 214.8756 acre tract, being a point in the easterly line
31-7 of the said 285.4585 acre tract and the northwest corner
31-8 of the said 400 acre tract;
31-9 THENCE, S3014'54"W, leaving the southerly line of the said
31-10 214.8756 acre tract, with the westerly line of the 400 acre tract,
31-11 at 1,600.00 feet pass a 5/8" iron rod found for the most southerly
31-12 southeast corner of the 285.4585 acre tract, being a northeast
31-13 corner of the said 2807.1345 acre tract, for a total distance of
31-14 3,756.93 feet to a 60d nail found in a fence corner post for the
31-15 most southerly southeast corner of the said 2807.1345 acre tract,
31-16 being the northeast corner of that 2.72 acre tract conveyed to Ray
31-17 McGee by deed recorded in Volume 4647, Page 31 of the said Deed
31-18 Records;
31-19 THENCE, N6309'43"W, leaving the westerly line of the said
31-20 400 acre tract, with the southerly line of the 2807.1345 acre
31-21 tract, 231.13 feet to a 1/2" iron rod found for the northwest
31-22 corner of the said 2.72 acre tract, being the northeast corner of
31-23 that 6.7580 acre tract conveyed to Gary L. Bradley, Trustee by deed
31-24 recorded in Volume 10577, Page 414 of the Deed Records of Travis
31-25 County, Texas;
31-26 THENCE, N6226'14"W, at 425.00 feet pass a 1/2" iron rod
31-27 found for the northwest corner of the said 6.7580 acre tract, being
32-1 the northeast corner of that 1.0000 acre tract conveyed to Gary L.
32-2 Bradley, Trustee by deed recorded in Volume 10577, Page 402 of the
32-3 said Deed Records, at 575.00 feet pass a 1/2" iron rod found for
32-4 the northwest corner of the abovesaid 1.0000 acre tract, being the
32-5 northeast corner of that 1.0000 acre tract conveyed to Gary L.
32-6 Bradley, Trustee by deed recorded in Volume 10577, Page 406 of the
32-7 said Deed Records, at 725.00 feet pass a 1/2" iron rod found for
32-8 the northwest corner of the abovesaid 1.0000 acre tract, being the
32-9 northeast corner of that 1.0000 acre tract conveyed to Brian Lee
32-10 Williamson by deed recorded in Volume 8901, Page 11 of the said
32-11 Deed Records, at 875.00 feet pass a 1/2" iron rod found for the
32-12 northwest corner of the abovesaid 1.0000 acre Williamson Tract,
32-13 being the northeast corner of that 1.0000 acre tract conveyed to
32-14 Gary L. Bradley, Trustee by deed recorded in Volume 10577, Page 410
32-15 of the said Deed Records, at 1025.00 feet pass a 1/2" iron rod
32-16 found for the northwest corner of the abovesaid 1.0000 acre tract,
32-17 being a northerly northeast corner of that abovesaid 1.0000 acre
32-18 tract, being a northerly northeast corner of the said 412.3003 acre
32-19 tract; for a total distance of 1,952.31 feet to a 1/2" iron rod
32-20 found;
32-21 THENCE, with the common line between the said 2,807.1345 acre
32-22 tract and the 412.3003 acre tract for the following three (3)
32-23 courses:
32-24 1) N1354'38"E, 342.33 feet to a 1/2" iron rod found;
32-25 2) S8937'52"W, 501.38 feet to a 1/2" iron rod found;
32-26 3) S6347'26"W, 414.17 feet to a 1/2" iron rod found for the
32-27 northeast corner of a 5.000 acre tract conveyed to Polly
33-1 Blanton Brooks by a deed recorded in Volume 9807, Page
33-2 643 of the above said Deed Records;
33-3 THENCE, through the 2,807.1345 acre tract with the north,
33-4 west, and southerly lines of the 5.000 acre tract, the following
33-5 six (6) courses:
33-6 1) N6538'09"W, 415.32 feet to an iron rod found;
33-7 2) S5812'55"W, 207.33 feet to an iron rod found;
33-8 3) S0241'17"E, 301.21 feet to an iron rod found;
33-9 4) N8037'15"E, 92.49 feet to an iron rod found;
33-10 5) S7524'34"E, 416.79 feet to an iron rod found;
33-11 6) S8458'12"E, 142.05 feet to an iron rod found in the
33-12 abovesaid common line between the 2,807.1345 acre tract
33-13 and the 412.3003 acre tract;
33-14 THENCE, S1539'52"E, along the said common line, 171.37 feet
33-15 to a 1/2" iron rod found;
33-16 THENCE, continuing with the above said common line,
33-17 S8718'43"W, 2,089.53 feet to a 1/2" iron rod found for the
33-18 northeast corner of the said 85.033 acre tract;
33-19 THENCE, across the said 412.3003 acre tract, with the
33-20 southeasterly line of the said 85.033 acre tract (State Highway
33-21 Loop 1), the following three (3) courses:
33-22 1) S5354'42"W, 276.49 feet to an iron rod found;
33-23 2) S3134'11"W, 1,886.12 feet to an iron rod found for the
33-24 point of curvature of a curve to the left;
33-25 3) With the said curve to the left, having a radius of
33-26 1,000.00 feet, a central angle of 2254'44", a chord
33-27 distance of 397.23 feet (chord bears S2006'49"W), for an
34-1 arc distance of 399.89 feet to an iron rod found for the
34-2 intersection of the said northerly right-of-way line of
34-3 State Highway 45 with the aforementioned common line
34-4 between the 412.3003 acre tract and the 99.56 acre,
34-5 R. Alan Haywood, Trustee, tract; the found iron rod being
34-6 also the northeast corner of the said 13.845 acre tract;
34-7 THENCE, S8945'07"E, with the north line of the said 99.560
34-8 acre tract, along the south line of the said 412.3003 acre tract,
34-9 1,943.93 feet to an iron rod found;
34-10 THENCE, S8941'17"E, leaving the said south line of the
34-11 remainder of the 412.3003 acre tract, along the north line of the
34-12 99.560 acre tract, for a distance of 436.73 feet to an iron rod
34-13 found for the northeast corner of the 99.560 acre tract, being a
34-14 northwest corner of that 118.757 acre tract conveyed by deed to
34-15 Alain P. Reveilhac, Trustee by deed recorded in Volume 8993, Page
34-16 867 of the said Deed Records;
34-17 THENCE, S0047'45"W, along the common line between the said
34-18 99.560 acre tract and the 118.757 acre tract, 932.88 feet to an
34-19 iron rod found for the southeast corner of the aforesaid 99.560
34-20 acre tract, being a northeast corner of the remainder of that
34-21 723.85 acre tract conveyed to Jack Andrewartha by deed recorded in
34-22 Volume 4413, Page 388 of the said Deed Records;
34-23 THENCE, N8944'18"W, leaving the west line of the said
34-24 118.757 acre tract, along the common line between the 99.560 acre
34-25 tract and the remainder of the 723.85 acre tract, at 2,115.36 feet
34-26 pass an iron rod found for the southeast corner of the said 13.845
34-27 acre tract, at 2,615.10 feet pass an iron rod found for the
35-1 southeast corner of the said 13.845 acre tract, for a total
35-2 distance of 4,644.68 feet to an iron rod found for the southwest
35-3 corner of the aforesaid 99.560 acre tract, being a point in the
35-4 east line of that 283 acre tract conveyed to Ira Jon Yates by deed
35-5 recorded in Volume 7716, Page 845 of the said Deed Records;
35-6 THENCE, N0030'28"E, leaving the said north line of the
35-7 remainder of the 723.85 acre tract, along the common line between
35-8 the 99.560 acre tract and the 283 acre tract, for a distance of
35-9 932.24 feet to a 60d nail found in a fence corner post for the
35-10 northwest corner of the said 99.560 acre tract, being the northeast
35-11 corner of the aforesaid 283 acre tract and being in the southerly
35-12 line of the said 412.003 acre tract;
35-13 THENCE, S8945'07"E, leaving the east line of the said 283
35-14 acre tract, along the south line of the remainder of the 412.3003
35-15 acre tract, being the north line of the 99.560 acre tract, 1,329.07
35-16 feet to an iron rod found on a curve to the left for the northwest
35-17 corner of that 13.845 acre tract, being also the southwest corner
35-18 of that 85.033 acre tract conveyed to Mopac South Transportation
35-19 Corporation;
35-20 THENCE, leaving the north line of the said 99.560 acre tract,
35-21 across the said 412.3003 acre tract, along the southwest line of
35-22 the 85.033 acre tract, for the following three (3) courses:
35-23 1) with the said curve to the left, having a radius of
35-24 7,439.30 feet, a central angle of 0052'47", a chord
35-25 distance of 114.22 feet (chord bears N4125'15"W), for an
35-26 arc distance of 114.23 feet to an iron rod found for the
35-27 point of tangency;
36-1 2) N4151'38"W, 2,184.35 feet to an iron rod found for the
36-2 point of curvature of a curve to the left;
36-3 3) with the said curve to the left, having a radius of
36-4 6,649.76 feet, a central angle of 0747'53", a chord
36-5 distance of 904.34 feet (chord bears N4545'35"W), for an
36-6 arc distance of 905.04 feet to an iron rod found for the
36-7 intersection of the said southwest line of the 85.033
36-8 acre tract (State Highway 45) with the northerly line of
36-9 the said 412.3003 acre tract, and the southerly line of
36-10 the 2,807.1345 acre tract;
36-11 THENCE, S8250'26"W, with the common line between the
36-12 2,807.1345 acre tract and the 412.3003 acre tract, 2,560.06 feet to
36-13 a 1/2" iron rod found in the west line of the said Samuel Hamilton
36-14 Survey No. 16, being the east line of the Thomas Brite Survey No.
36-15 65, for an ell corner of the said 2,807.1345 acre tract, being the
36-16 northwest corner of that 412.3003 acre tract mentioned above;
36-17 THENCE, S3031'27"W, along the west line of the Samuel
36-18 Hamilton Survey No. 16 and the east line of the Thomas Brite
36-19 Survey No. 65, for a distance of 561.26 feet to an iron rod found
36-20 for a southerly corner of the said 2,807.1345 acre tract; being a
36-21 point in the north line of the said 283 acre tract;
36-22 THENCE, S8344'05"W, with the common line between the
36-23 2,807.1345 acre tract and the 283 acre tract, 58.21 feet to an iron
36-24 rod found;
36-25 THENCE, N8950'37"W, with the said common line, 502.68 feet
36-26 to an iron rod found for the most northwest corner of the aforesaid
36-27 283 acre tract; and the northeast corner of a 126.73 acre tract
37-1 conveyed to Mrs. R. P. Spillar by deed recorded in Volume 700, Page
37-2 369 of the said Deed Records;
37-3 THENCE, continuing with the south line of the 2,807.1345 acre
37-4 tract and the north line of the 126.73 acre tract, the following
37-5 three (3) courses:
37-6 1) N8915'49"W, 358.73 feet to an iron rod found;
37-7 2) N8921'33"W, 1,561.19 feet to an iron rod found;
37-8 3) N8931'39"W, at 341.93 feet pass an iron rod found 0.28
37-9 feet north, for a total distance of 627.61 feet to an
37-10 iron rod found;
37-11 THENCE, N8940'24"W, 599.71 feet to an iron rod found for the
37-12 northwest corner of the said 126.73 acre tract being a southwest
37-13 corner of the 2,807.1345 acre tract;
37-14 THENCE, S3033'15"W, with the common line between the
37-15 2,807.1345 acre tract, and the 126.73 acre tract, 238.30 feet to a
37-16 nail found in a fence post;
37-17 THENCE, in a southwesterly direction with the southerly
37-18 fenced line of the 2,807.1345 acre tract, the following five (5)
37-19 courses:
37-20 1) S6916'54"W, at 759.95 feet pass an iron rod found for
37-21 the Hays-Travis County Line at 760.48 feet pass an iron
37-22 rod found 0.73 feet to the west, in all 1,167.48 feet to
37-23 an iron rod found;
37-24 2) S5452'15"W, 481.34 feet to an iron rod found;
37-25 3) S7947'29"W, 1,272.48 feet to an iron rod found;
37-26 4) S8545'50"W, 236.77 feet to an iron rod found;
37-27 5) N8426'15"W, 411.07 feet to an iron rod found for the
38-1 southeast corner of a 1.53 acre tract described in a deed
38-2 recorded in Volume 258, Page 413 of the Deed Records of
38-3 Hays County, Texas;
38-4 THENCE, N3240'51"W, with the common line between the
38-5 2,807.1345 acre tract and the 1.53 acre tract, 716.48 feet to an
38-6 iron rod found on a curve to the left in the east right-of-way line
38-7 of State Highway FM 1826;
38-8 THENCE, with the west line of the 2,807.1345 acre tract and
38-9 the east right-of-way line of State Highway FM 1826, the following
38-10 sixteen (16) courses:
38-11 1) with the said curve to the left having a central angle of
38-12 2717'35", a radius of 1,185.94 feet, a long chord of
38-13 559.60 feet (chord bears N1834'35"E), for an arc
38-14 distance of 564.93 feet to a concrete monument found;
38-15 2) N0453'22"E, 773.59 feet to a concrete monument found at
38-16 the point of curvature of a transitional curve to the
38-17 left;
38-18 3) with the said transition curve to the left, having a
38-19 beginning radius of 5,769.58 feet and ending radius of
38-20 5,759.58 feet, a central angle of 0450'57", a chord
38-21 distance of 487.74 feet (chord bears N0117'25"E) for an
38-22 arc distance of 487.88 feet to a concrete monument found;
38-23 4) N0002'53"E, 284.64 feet to a concrete monument found;
38-24 5) N0001'09"E, at 379.28 feet pass a concrete monument
38-25 marking the Travis-Hays County Lines, for a total
38-26 distance of 1,545.62 feet to a concrete monument found;
38-27 6) N0017'55"E, for a distance of 388.69 feet to a concrete
39-1 monument found at the point of curvature of a curve to
39-2 the right;
39-3 7) with the said curve to the right having a central angle
39-4 of 3047'38", a radius of 1,402.42 feet, a chord distance
39-5 of 744.70 feet (chord bears N1541'45"E), for an arc
39-6 distance of 753.74 feet to the point of tangency;
39-7 8) N3105'55"E, for a distance of 1,682.33 feet to a
39-8 concrete monument found at the point of curvature of a
39-9 transition curve to the right;
39-10 9) with the said transition curve to the right having a
39-11 central angle of 0649'48", a beginning radius of
39-12 2,834.50 feet, an ending radius of 2,829.50 feet, a chord
39-13 distance of 337.10 feet (chord bears N3609'37"E) for an
39-14 arc distance of 337.30 feet to a concrete monument found
39-15 at the point of tangency;
39-16 10) N3756'03"E, a distance of 443.20 feet to an iron pipe
39-17 found;
39-18 11) N3757'53"E, for a distance of 239.19 feet to a concrete
39-19 monument found at the point of curvature of a curve to
39-20 the left;
39-21 12) with the said curve to the left having a central angle
39-22 of 0726'32", a radius of 1,950.03, a chord distance of
39-23 253.12 feet (chord bears N3405'33"E) for an arc
39-24 distance of 253.29 feet to a concrete monument found at
39-25 the point of tangency;
39-26 13) N3029'37"E, for a distance of 1,017.58 feet to an iron
39-27 rod found;
40-1 14) N3028'37"E, for a distance of 2,099.60 feet to a
40-2 concrete right-of-way monument found at the point of
40-3 curvature of a curve to the right;
40-4 15) with the said curve to the right, having a central angle
40-5 of 4648'09", a radius of 1,105.91 feet, a chord
40-6 distance of 878.46 feet (chord bears N5353'50"E) for an
40-7 arc distance of 903.37 feet to a concrete right-of-way
40-8 monument found at the point of tangency;
40-9 16) N7719'10"E, for a distance of 189.23 feet to an iron
40-10 pipe found, being the most westerly northwest corner of
40-11 the above said 2,807.1345 acre tract, in the abandoned
40-12 south right-of-way line of Old Austin-Driftwood Road;
40-13 THENCE, leaving the said east right-of-way line of State
40-14 Highway FM 1826 with the fenced north line of the 2,807.1345 acre
40-15 tract, the following nine (9) courses and distances:
40-16 1) S6842'40"E, 378.51 feet to an iron pipe found;
40-17 2) S6341'44"E, 178.82 feet to an iron pipe found;
40-18 3) S2728'23"W, at 347.23 feet pass an iron pipe found 0.07
40-19 feet to the west, for a total distance of 800.09 feet to
40-20 an iron pipe found;
40-21 4) S2421'16"E, 538.49 feet to an iron pipe found;
40-22 5) S0552'50"E, 991.70 feet to an iron pipe found;
40-23 6) S5839'56"E, 1,085.30 feet to an iron pipe found;
40-24 7) N8847'49"E, 563.42 feet to an iron pipe found;
40-25 8) N6424'19"E, 951.91 feet to an iron rod found;
40-26 9) N3241'40"E, 470.77 feet to an iron pipe found;
40-27 THENCE, N3236'10"E, continuing along the north line of the
41-1 2,807.1345 acre tract, 412.97 feet to an iron pipe found in the
41-2 south line of a 217.38 acre tract conveyed to 1826 Associates by
41-3 deed recorded in Volume 3635, Page 634 of the said Deed Records;
41-4 THENCE, S6024'36"E, with the apparent common line between
41-5 the 2,807.1345 acre tract and the 217.38 acre tract, for a distance
41-6 of 349.01 feet to an iron pipe found;
41-7 THENCE, S5358'38"E, continuing with the said common line,
41-8 for a distance of 533.96 feet to an iron pipe found for a northeast
41-9 corner of the 2,807.1345 acre tract and a point in the west line of
41-10 a 100.2215 acre tract conveyed to Carlene Hielscher Klaus by deed
41-11 recorded in Volume 9724, Page 329; said pipe also being the end of
41-12 a boundary line, set by Boundary Line Agreement in Volume 3922,
41-13 Page 1668, both of the Deed Records of Travis County, Texas;
41-14 THENCE, leaving the northerly line of the 2,807.1345 acre
41-15 tract, along the common fenced line between the said 100.2215 acre
41-16 Carlene H. Klaus Tract and the 217.38 acre tract, the following
41-17 four (4) courses:
41-18 1) N2916'04"E, 374.23 feet to an iron rod found;
41-19 2) N3313'41"E, 507.32 feet to an iron rod found;
41-20 3) N2953'38"E, 440.11 feet to an iron rod found;
41-21 4) N3023'23"E, 98.78 feet to an iron rod found for the
41-22 northwest corner of the said 100.2215 acre Klaus Tract,
41-23 being the southwest corner of that 320 acre tract
41-24 conveyed to Richard Hielscher by deed recorded in Volume
41-25 1212, Page 526 of the said Deed Records;
41-26 THENCE, S5927'22"E, leaving the easterly line of the said
41-27 217.38 acre tract, 737.66 feet to an iron rod found in the
42-1 northerly line of the said 100.2215 acre Carlene H. Klaus Tract;
42-2 THENCE, S5925'12"E, continuing with the northerly line of
42-3 the said 100.2215 acre Klaus Tract, a distance of 252.58 feet to an
42-4 iron rod found for the northeast corner of the aforesaid 100.2215
42-5 acre Carlene H. Klaus Tract, being the northwest corner of the
42-6 aforesaid 100.2215 acre Ursula H. Kutra Tract;
42-7 THENCE, S5925'12"E, with the northerly line of the said
42-8 100.2215 acre Ursula H. Kutra Tract, 512.23 feet to an iron rod
42-9 found;
42-10 THENCE, S5914'29"E, continuing along the northerly line of
42-11 the said 100.2215 acre Ursula H. Kutra Tract, 512.87 feet to an
42-12 iron rod found for the northeast corner of the aforesaid 100.2215
42-13 acre tract, being the northwest corner of the said 100.2215 acre
42-14 Amelia H. Mettke Tract;
42-15 THENCE, S5914'29"E, with the northerly line of the said
42-16 100.2215 acre Amelia H. Mettke Tract, 1,013.17 feet to an iron pipe
42-17 found for the northeast corner of the aforesaid 100.2215 acre
42-18 Amelia H. Mettke Tract, being a point in a westerly line of the
42-19 said 2,807.1345 acre tract; and the southwest corner of the said
42-20 320 acre tract;
42-21 THENCE, N3005'58"E, with the easterly line of the said 320
42-22 acre tract and the west line of the before mentioned 2,807.1345
42-23 acre tract, at 250.00 feet pass a 1/2" iron rod found for the
42-24 southwest corner of the said 79.9863 acre tract, for a total
42-25 distance of 1,357.97 feet to a 60d nail found in a fence corner
42-26 post;
42-27 THENCE, N3049'14"E, with the common line between the said
43-1 79.9863 acre tract and the 320 acre tract, 804.39 feet to a 60d
43-2 nail found in a fence post;
43-3 THENCE, N2750'15"E, continuing with the common line between
43-4 the said 79.9863 acre tract and the 320 acre tract, 125.08 feet to
43-5 a steel fence post found;
43-6 THENCE, N3031'15"E, 204.35 feet to a 5/8" iron rod found;
43-7 THENCE, N2957'23"E, continuing with the common line between
43-8 the 79.9863 acre tract and the 320 acre tract, 360.74 feet to a
43-9 5/8" iron rod found in the southeast line of the aforesaid 538.5087
43-10 acre tract;
43-11 THENCE, N2808'04"W, across the said 320 acre tract, with the
43-12 southerly line of the 538.5087 acre tract, 2,025.54 feet to a 5/8"
43-13 iron rod found on the centerline of the aforesaid existing Humble
43-14 Pipeline Company, pipeline easement;
43-15 THENCE, N7021'34"W, continuing across the said 320 acre
43-16 tract, with the centerline of the said Humble Pipeline, 1,386.97
43-17 feet to a 1/2" iron rod found for a southwest corner of the
43-18 538.5087 acre tract and a point in the easterly line of that 3.48
43-19 acre tract conveyed to Dan P. Scranton by deed recorded in Volume
43-20 4217, Page 236 of the said deed records;
43-21 THENCE, N3211'17"E, with a westerly line of the said
43-22 538.5087 acre tract, at 144.68 feet pass a 5/8" iron rod found for
43-23 the northeast corner of the 3.48 acre tract, being the southeast
43-24 corner of that 3.45 acre tract conveyed to Arnold A. Jensen by deed
43-25 recorded in Volume 7101, Page 123 of the said deed records, for a
43-26 total distance of 404.54 feet to a 5/8" iron rod found for the
43-27 northeast corner of the aforesaid 3.45 acre tract, being the
44-1 southeast corner of that 3.42 acre tract conveyed to John T.
44-2 Alexander Et Ux by deed recorded in Volume 5019, Page 1341 of the
44-3 Deed Records of Travis County, Texas;
44-4 THENCE, N3204'03"E, continuing with the said westerly line
44-5 of the 538.5087 acre tract, 259.87 feet to a 5/8" iron rod found
44-6 for the northeast corner of the said 3.42 acre tract, being the
44-7 southeast corner of that 3.23 acre tract conveyed to L. Van Sickle
44-8 by deed recorded in Volume 4822, Page 1413 of the said Deed
44-9 Records;
44-10 THENCE, N3208'30"E, 199.96 feet to a 1/2" iron pipe found
44-11 for an ell corner of the said 538.5087 acre tract, being the
44-12 northeast corner of the 3.23 acre tract;
44-13 THENCE, N5939'43"W, with the common line between the said
44-14 538.5087 acre tract and the 3.23 acre tract, 28.23 feet to a 60d
44-15 nail found in a cedar tree;
44-16 THENCE, N4040'12"W, with the northerly line of the said 3.23
44-17 acre tract, 238.75 feet to a 1/2" iron pipe found at a cattle guard
44-18 for a southwest corner of the 538.5087 acre tract,
44-19 THENCE, N6056'11"W, with the common line between the
44-20 538.5087 acre tract and the 3.23 acre tract, 7.46 feet to a 1/2"
44-21 iron pipe found;
44-22 THENCE, N7539'02"W, continuing with the said common line
44-23 between the 538.5087 acre tract and the 3.23 acre tract, 40.48 feet
44-24 to a 5/8" iron rod found;
44-25 THENCE, N5752'12"W, with the southerly line of the said
44-26 538.5087 acre tract, 807.29 feet to a 1/2" iron rod found in the
44-27 northerly line of that 3.41 acre tract conveyed to Edwin Dudley by
45-1 deed recorded in Volume 6405, Page 1177 of the said deed records;
45-2 THENCE, with the common line between the said 538.5087 acre
45-3 tract and the 3.41 acre tract for the following three (3) courses:
45-4 1) N0729'32"W, 16.38 feet to a 60d nail found in a fence
45-5 corner post at a cattle guard;
45-6 2) N6318'41"W, 6.83 feet to a 60d nail found in a fence
45-7 corner post;
45-8 3) S8133'38"W, 17.89 feet to a 1/2" iron rod found for the
45-9 northwest corner of the said 3.41 acre tract, being the
45-10 most westerly southwest corner of the 538.5087 acre
45-11 tract, and a point on the aforesaid easterly right-of-way
45-12 line of State Highway F.M. 1826;
45-13 THENCE, with the common line between the 538.5087 acre tract
45-14 and the easterly right-of-way line of State Highway F.M. 1826 for
45-15 the following four (4) courses:
45-16 1) N3054'59"E, 632.18 feet to a concrete right-of-way
45-17 monument found 40.00 feet left of State Highway
45-18 Centerline Station 73+30.5;
45-19 2) N2827'31"E, 393.09 feet to a concrete right-of-way
45-20 monument found for the point of curvature of a curve to
45-21 the left, 40.00 feet left of State Highway Centerline
45-22 Station 69+38.5;
45-23 3) with the said curve to the left having a central angle of
45-24 0630'44", a radius of 3,859.21 feet, a chord distance of
45-25 438.40 feet (chord bears N2504'58"E) for an arc distance
45-26 of 438.64 feet to a concrete right-of-way monument found
45-27 for the point of tangency, 40.00 feet left of State
46-1 Highway Centerline Station 65+03;
46-2 4) N2150'08"E, 774.26 feet to the PLACE OF BEGINNING,
46-3 CONTAINING within these metes and bounds 4,584.7234 acres
46-4 of land area.
46-5 SECTION 6.02. FINDINGS RELATED TO BOUNDARIES. The
46-6 legislature finds that the boundaries and field notes of the
46-7 authority form a closure. A mistake in the field notes or in
46-8 copying the field notes in the legislative process does not affect
46-9 the organization, existence, or validity of the authority, the
46-10 right of the authority to issue bonds or refunding bonds or to pay
46-11 the principal of or interest on bonds, the right of the authority
46-12 to levy and collect taxes, or the legality or operation of the
46-13 authority or its board.
46-14 SECTION 6.03. FINDING OF BENEFIT. All of the land and other
46-15 property included within the boundaries of the authority will be
46-16 benefitted by the works and projects that are to be accomplished by
46-17 the authority under powers conferred by this Act. The authority is
46-18 created to serve a public use and benefit.
46-19 SECTION 6.04. ADDITION OF TERRITORY. (a) The authority may
46-20 annex additional territory in Hays County or Travis County that is
46-21 not located in the corporate limits of a municipality.
46-22 (b) Proceedings for the annexation of territory by the
46-23 authority may be initiated by a petition signed by the owners of 50
46-24 percent or more of the value of the land proposed to be annexed.
46-25 The petition must request that the board hold a public hearing on
46-26 the matters set out in the petition.
46-27 (c) If the board determines that the land should be annexed,
47-1 the board shall call an election on the annexation to be held
47-2 within the district and the land proposed to be annexed. The
47-3 authority may not annex the territory unless:
47-4 (1) a majority of the votes cast by qualified voters
47-5 in the district approve the annexation; and
47-6 (2) a majority of the votes cast by qualified voters
47-7 in the boundaries of the land proposed to be annexed approve the
47-8 annexation and elect to assume a pro rata share of any existing
47-9 indebtedness of the authority.
47-10 (d) An election held under this section must conform to the
47-11 Election Code, except in cases in which the Election Code is
47-12 inconsistent with this section. The board's resolution canvassing
47-13 the returns of an election held under this section shall redefine
47-14 the district's boundaries and provide for the recording of the new
47-15 boundaries in the deed records of the county in which the annexed
47-16 territory lies.
47-17 (e) The consent of a municipality or other governmental
47-18 entity or political subdivision of the state is not required for
47-19 any annexation of territory by the authority.
47-20 ARTICLE 7. MISCELLANEOUS PROVISIONS
47-21 SECTION 7.01. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
47-22 (a) The proper and legal notice of the intention to introduce this
47-23 Act, setting forth the general substance of this Act, has been
47-24 published as provided by law, and the notice and a copy of this Act
47-25 have been furnished to all persons, agencies, officials, or
47-26 entities to which they are required to be furnished by the
47-27 constitution and other laws of this state, including the governor,
48-1 who has submitted the notice and the Act to the Texas Natural
48-2 Resource Conservation Commission.
48-3 (b) The Texas Natural Resource Conservation Commission has
48-4 filed its recommendations relating to this Act with the governor,
48-5 lieutenant governor, and speaker of the house of representatives
48-6 within the required time.
48-7 (c) All requirements of the constitution and laws of this
48-8 state and of the rules and procedures of the legislature with
48-9 respect to the notice, introduction, and passage of this Act are
48-10 fulfilled and accomplished.
48-11 SECTION 7.02. EFFECTIVE DATE. This Act takes effect
48-12 September 1, 1995.
48-13 SECTION 7.03. EMERGENCY. The importance of this legislation
48-14 and the crowded condition of the calendars in both houses create an
48-15 emergency and an imperative public necessity that the
48-16 constitutional rule requiring bills to be read on three several
48-17 days in each house be suspended, and this rule is hereby suspended.