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.