1-1  By:  Saunders (Senate Sponsor - Wentworth)            H.B. No. 3193
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 16, 1995, read first time and referred to Committee on Natural
    1-4  Resources; May 19, 1995, reported favorably, as amended, by the
    1-5  following vote:  Yeas 6, Nays 4; May 19, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                                By:  Nixon
    1-7  Amending HB 3193 by striking Section 2.03 and substituting the
    1-8  following:
    1-9        SECTION 2.03.  TERMS OF DIRECTORS AND APPOINTMENT PROCEDURES.
   1-10        (a)  Other than initial directors, directors are appointed
   1-11  for staggered terms of six years with three members' terms expiring
   1-12  September 1 of each odd-numbered year.
   1-13        (b)  Appointment of initial directors shall be made promptly
   1-14  after this Act takes effect.  The governor shall appoint three
   1-15  initial directors to serve a term expiring September 1, 1997, three
   1-16  initial directors to serve a term expiring September 1, 1999, and
   1-17  three initial directors to serve a term expiring September 1, 2001.
   1-18        (c)  when a director's term expires, the governor shall
   1-19  appoint a successor.
   1-20        (d)  When a director dies, resigns, or is otherwise removed,
   1-21  the governor shall appoint a successor to serve for the unexpired
   1-22  term.
   1-23                         A BILL TO BE ENTITLED
   1-24                                AN ACT
   1-25  relating to the creation, administration, powers, duties,
   1-26  operation, and financing of the Southwest Travis County Water
   1-27  District.
   1-28        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-29                    ARTICLE 1.  GENERAL PROVISIONS
   1-30        SECTION 1.01.  CREATION.  (a)  A conservation and reclamation
   1-31  district, to be known as the Southwest Travis County Water
   1-32  District, is created in Travis County.  A confirmation election is
   1-33  not necessary.  The district is a governmental agency and a body
   1-34  politic and corporate.
   1-35        (b)  The district is created under and is essential to
   1-36  accomplish the purposes of Section 59, Article XVI, Texas
   1-37  Constitution.
   1-38        SECTION 1.02.  DEFINITIONS.  In this Act:
   1-39              (1)  "Board" means the board of directors of the
   1-40  district.
   1-41              (2)  "Commission" means the Texas Natural Resource
   1-42  Conservation Commission.
   1-43              (3)  "Director" means a member of the board.
   1-44              (4)  "Disposal system" means any system for disposing
   1-45  of waste, including a sewer system, drainage system, or treatment
   1-46  facility.
   1-47              (5)  "District" means the Southwest Travis County Water
   1-48  District.
   1-49              (6)  "Local government" means a municipality, county,
   1-50  river authority, or water district or authority acting under
   1-51  Section 52, Article III, or Section 59, Article XVI, Texas
   1-52  Constitution.
   1-53              (7)  "Person" has the meaning assigned by Section
   1-54  311.005, Government Code.
   1-55              (8)  "Pollution" has the meaning assigned by Section
   1-56  26.001, Water Code.
   1-57              (9)  "System" means a network of pipelines, conduits,
   1-58  canals, pumping stations, force mains, and all other constructions,
   1-59  devices, and related appliances used to transport water or waste.
   1-60              (10)  "Treatment facility" means a plant, disposal
   1-61  field, lagoon, incinerator, sanitary landfill, or other facility
   1-62  installed for the purpose of treating, neutralizing, or stabilizing
   1-63  waste.
   1-64              (11)  "Waste" means waterborne liquid, gaseous, or
   1-65  solid substances that result from a discharge from a treatment
   1-66  facility or disposal system.
   1-67              (12)  "Water" means groundwater, percolating or
   1-68  otherwise, and a lake, pond, impounding reservoir, spring, river,
    2-1  stream, creek, canal, or any other surface water, natural or
    2-2  artificial, navigable or nonnavigable, that is wholly or partially
    2-3  in the district.
    2-4                 ARTICLE 2.  ADMINISTRATIVE PROVISIONS
    2-5        SECTION 2.01.  BOARD.  (a)  The district's powers, rights,
    2-6  duties, and functions are exercised by a board of directors.
    2-7        (b)  The board consists of nine members appointed by the
    2-8  governor.
    2-9        SECTION 2.02.  DIRECTOR ELIGIBILITY.  To be eligible for
   2-10  appointment as a director, a person must be a resident of Travis
   2-11  County.  At least five of the directors must reside in the
   2-12  district.
   2-13        SECTION 2.03.  TERMS OF DIRECTORS AND APPOINTMENT PROCEDURES.
   2-14  (a)  Other than initial directors, directors are appointed for
   2-15  staggered terms of six years with three members' terms expiring
   2-16  September 1 of each odd-numbered year.
   2-17        (b)  Appointment of initial directors shall be made promptly
   2-18  after this Act takes effect.  The governor and lieutenant governor
   2-19  each shall appoint one initial director to serve a term expiring
   2-20  September 1, 1997, one initial director to serve a term expiring
   2-21  September 1, 1999, and one initial director to serve a term
   2-22  expiring September 1, 2001.  In addition, the lieutenant governor
   2-23  shall appoint three initial directors from a list provided by the
   2-24  speaker of the house of representatives with one to serve a term
   2-25  expiring September 1, 1997, one to serve a term expiring September
   2-26  1, 1999, and one to serve a term expiring September 1, 2001.
   2-27        (c)  When a director's term expires, the person who appointed
   2-28  the director shall appoint a successor.
   2-29        (d)  When a director dies, resigns, or is otherwise removed,
   2-30  the person who appointed the director shall appoint a successor to
   2-31  serve for the unexpired term.
   2-32        SECTION 2.04.  QUALIFICATION OF DIRECTOR.  Each director must
   2-33  qualify to serve as director in the manner provided by Sections
   2-34  51.078 and 51.079, Water Code.  The district shall pay the premiums
   2-35  for each director's bond required under Section 51.079, Water Code.
   2-36        SECTION 2.05.  MEETINGS AND ACTIONS OF THE BOARD.  (a)  The
   2-37  board shall adopt bylaws at its first meeting or as soon after the
   2-38  first meeting as is practicable.
   2-39        (b)  The board shall meet at least four times each year, and
   2-40  may meet at any other time provided in its bylaws.
   2-41        (c)  A majority of the directors constitutes a quorum for the
   2-42  transaction of business.  Except as otherwise provided in this Act,
   2-43  the vote of a majority of directors present at a meeting at which a
   2-44  quorum is present is required for board action.
   2-45        SECTION 2.06.  ORGANIZATION OF BOARD.  (a)  The board shall
   2-46  elect from its members a chair, vice chair, secretary, and other
   2-47  officers as necessary.  A person elected to a board office serves
   2-48  in that capacity for a period of two years or until the person
   2-49  ceases to be a director, whichever occurs first.  An officer's
   2-50  period of service begins at a time provided by the bylaws.
   2-51        (b)  If a vacancy occurs in a board office, the directors
   2-52  shall elect a person to fill the unexpired period of service at the
   2-53  next board meeting.
   2-54        (c)  The board by its bylaws shall prescribe:
   2-55              (1)  the powers and duties of each board office; and
   2-56              (2)  procedures to remove a director from a board
   2-57  office.
   2-58        SECTION 2.07.  INTEREST IN CONTRACT.  A director who is
   2-59  financially interested in a contract proposed to be executed by the
   2-60  district for the purchase of property or services or the
   2-61  construction of facilities shall disclose the interest to the board
   2-62  and may not vote on acceptance of the contract.
   2-63        SECTION 2.08.  DIRECTOR'S COMPENSATION.  (a)  Subject to
   2-64  Subsection (b), a director is entitled to receive an allowance of
   2-65  $50 a day and reimbursement for actual and necessary expenses
   2-66  incurred:
   2-67              (1)  for each day the director attends a meeting of the
   2-68  board; and
   2-69              (2)  for each day the board authorizes the director to
   2-70  attend to district business.
    3-1        (b)  A director may not receive a per diem allowance for more
    3-2  than 20 days in a calendar year.
    3-3        SECTION 2.09.  GENERAL MANAGER.  (a)  The board shall employ
    3-4  a general manager for a term and salary set by the board.
    3-5        (b)  The general manager is the chief executive officer of
    3-6  the district.  In accordance with policies adopted by the board,
    3-7  the general manager is responsible for:
    3-8              (1)  administering the board's directives;
    3-9              (2)  keeping the district's records, including minutes
   3-10  of board meetings;
   3-11              (3)  coordinating with state, federal, and local
   3-12  agencies;
   3-13              (4)  developing plans and programs for the board's
   3-14  approval;
   3-15              (5)  hiring, supervising, training, and discharging the
   3-16  district's employees;
   3-17              (6)  obtaining technical, scientific, legal, fiscal,
   3-18  and other professional services; and
   3-19              (7)  performing any other duties the board assigns.
   3-20        (c)  The board may discharge the general manager.
   3-21        SECTION 2.10.  EMPLOYEES BONDS.  (a)  The general manager and
   3-22  each employee of the district who is charged with the collection,
   3-23  custody, or payment of any money of the district shall execute a
   3-24  fidelity bond in an amount determined by the board and in a form
   3-25  and with a surety approved by the board.
   3-26        (b)  The district shall pay the premiums on the employees'
   3-27  bonds under this section.
   3-28        SECTION 2.11.  PRINCIPAL OFFICE.  The district shall maintain
   3-29  its principal office inside the district.
   3-30        SECTION 2.12.  RECORDS.  (a)  The district shall keep:
   3-31              (1)  complete and accurate accounts of its business
   3-32  transactions in accordance with generally accepted methods of
   3-33  accounting;
   3-34              (2)  complete and accurate minutes of its meetings; and
   3-35              (3)  its accounts, contracts, documents, minutes, and
   3-36  other records at its principal office.
   3-37        (b)  The district shall permit reasonable public inspection
   3-38  of its records during regular business hours.
   3-39        SECTION 2.13.  SEAL.  The district shall adopt a seal and may
   3-40  change the seal from time to time.
   3-41        SECTION 2.14.  SUIT.  The district may sue and be sued in its
   3-42  corporate name.
   3-43                     ARTICLE 3.  POWERS AND DUTIES
   3-44        SECTION 3.01.  GENERAL POWERS AND DUTIES.  (a)  The district
   3-45  shall:
   3-46              (1)  administer and enforce the terms of this Act;
   3-47              (2)  use its facilities and powers to accomplish the
   3-48  purposes of this Act;
   3-49              (3)  coordinate the provision of water, wastewater,
   3-50  solid waste disposal, and drainage services in the district; and
   3-51              (4)  control and abate water pollution in the district.
   3-52        (b)  Except as otherwise provided in this Act, the creation
   3-53  of a local government or political subdivision in the district is
   3-54  prohibited unless approved by board resolution.  Annexation of
   3-55  district territory by a local government or political subdivision
   3-56  is prohibited unless approved by all owners of land to be annexed
   3-57  and by board resolution.  All area within the district is removed
   3-58  and excluded from the extraterritorial jurisdiction of any local
   3-59  government or other political subdivision in the state.
   3-60        (c)  Subject only to the authority of the commission and of a
   3-61  groundwater conservation district in existence on the effective
   3-62  date of this Act that is composed in whole or in part of the
   3-63  territory of the district, the district has exclusive authority in
   3-64  the district, superseding the authority of any local government,
   3-65  except a groundwater conservation district in existence on the
   3-66  effective date of this Act, to:
   3-67              (1)  regulate septic tanks;
   3-68              (2)  prohibit the pollution of and enforce rules
   3-69  regarding any stream, drain, or tributary that may constitute a
   3-70  source of water supply;
    4-1              (3)  adopt and enforce rules protecting a watershed;
    4-2              (4)  provide for the protection and management of an
    4-3  endangered species located within the district or affected by
    4-4  activities in the district;
    4-5              (5)  regulate the subdivision of land;
    4-6              (6)  regulate all zoning and land use;
    4-7              (7)  regulate resource extraction activities; and
    4-8              (8)  regulate the use and development of public
    4-9  parkland.
   4-10        (d)  Subject only to the authority of the commission and of a
   4-11  groundwater conservation district in existence on the effective
   4-12  date of this Act that is composed in whole or in part of the
   4-13  territory of the district, the district has exclusive authority,
   4-14  superseding the authority of any local government, except a
   4-15  groundwater conservation district in existence on the effective
   4-16  date of this Act, to:
   4-17              (1)  coordinate the provision of water, wastewater,
   4-18  solid waste disposal, or drainage services within, to, or from the
   4-19  district; and
   4-20              (2)  control or abate water pollution within or caused
   4-21  within the district.
   4-22        (e)  Except as expressly limited by this Act, the district
   4-23  has all powers, rights, and privileges necessary and convenient for
   4-24  accomplishing the purposes of this Act that are conferred by
   4-25  general law upon any conservation and reclamation district created
   4-26  pursuant to Section 59, Article XVI, Texas Constitution.
   4-27        (f)  The powers granted to the district in this Act are
   4-28  cumulative of all powers granted by other law.
   4-29        SECTION 3.02.  DISTRICT RULES.  (a)  The district shall adopt
   4-30  and enforce rules reasonably required to implement this Act,
   4-31  including rules governing procedure and practice before the board.
   4-32        (b)  The district shall print its rules and furnish copies of
   4-33  the rules to any person on written request.
   4-34        SECTION 3.03.  INSPECTIONS AND INVESTIGATIONS.  The district
   4-35  may enter public or private property in the district's territory
   4-36  for the purpose of inspecting and investigating conditions relating
   4-37  to its authorized purposes under the same provisions and
   4-38  restrictions applicable to the commission.
   4-39        SECTION 3.04.  HEARING AND ORDER.  (a)  The board may:
   4-40              (1)  hold hearings, receive evidence from any party in
   4-41  interest who appears before the board, compel the attendance of
   4-42  witnesses, and make findings of fact and determinations with
   4-43  respect to administering this Act or any order or rule of the
   4-44  district; and
   4-45              (2)  delegate to one or more of its members or
   4-46  employees the authority to take testimony and administer oaths in
   4-47  any hearing held or authorized to be held by the district.
   4-48        (b)  An order of the board must be:
   4-49              (1)  in the district's name; and
   4-50              (2)  attested by proper members of the board under the
   4-51  district's rules.
   4-52        SECTION 3.05.  CIVIL PENALTY; INJUNCTION.  (a)  A person who
   4-53  violates a rule, permit, or order of the district is subject to a
   4-54  civil penalty of not less than $50 and not more than $1,000 for
   4-55  each violation or each day of a continuing violation.
   4-56        (b)  The district may sue to recover the penalty in a
   4-57  district court in the county where the violation occurred.  The
   4-58  penalty shall be paid to the district.
   4-59        (c)  The district may sue for injunctive relief in a district
   4-60  court in the county where a violation of its rule, permit, or order
   4-61  occurs or is threatened to occur.  The court may grant to the
   4-62  district, without bond or other undertaking, a prohibitory or
   4-63  mandatory injunction that the facts warrant, including a temporary
   4-64  restraining order, temporary injunction, or permanent injunction.
   4-65        (d)  The district may sue for injunctive relief and a civil
   4-66  penalty in the same proceeding.
   4-67        (e)  The commission is a necessary party to a suit brought
   4-68  under this section.
   4-69        SECTION 3.06.  COURT REVIEW.  (a)  A person who is adversely
   4-70  affected by a rule, act, or order of the district may sue the
    5-1  district in district court to set aside the rule, act, or order.
    5-2        (b)  The suit must be filed not later than the 60th day after
    5-3  the date on which the rule, act, or order takes effect.
    5-4        (c)  If a person challenges in court the validity of all or
    5-5  any portion of this Act and does not prevail in the challenge, the
    5-6  court shall order the person to pay the reasonable attorney's fees,
    5-7  expert witness fees, and other costs incurred by all opposing
    5-8  parties in defending this Act.
    5-9        SECTION 3.07.  WATER QUALITY STANDARDS AND CRITERIA.  (a)
   5-10  The board shall prescribe a water pollution control and abatement
   5-11  program for the district after public hearing.  The program must:
   5-12              (1)  apply equally and uniformly throughout the
   5-13  district; and
   5-14              (2)  be designed to achieve state water quality
   5-15  standards adopted by the commission and in effect on January 1,
   5-16  1995.
   5-17        (b)  The district shall submit the program to the commission
   5-18  for review and approval.  The commission by rule may provide
   5-19  criteria for the review and approval of the program, based on
   5-20  achieving state water quality standards adopted by the commission
   5-21  and in effect on January 1, 1995.
   5-22        (c)  If the commission finds that the proposed program will
   5-23  not achieve state water quality standards, it shall notify the
   5-24  district in writing of the specific objections not later than the
   5-25  30th day after receipt of the proposed program.  The district may
   5-26  amend the proposed program in response to the commission's
   5-27  objections.  If the district amends the proposed program in
   5-28  response to the commission's objections, the commission shall
   5-29  promptly notify the district in writing whether the commission
   5-30  approves the proposal as amended.
   5-31        (d)  If the commission does not notify the district that it
   5-32  objects to the proposed program as required by Subsection (c), the
   5-33  program shall become operative on the 31st day after the commission
   5-34  receives the proposed program.  If the commission notifies the
   5-35  district as required by Subsection (c) that it finds the proposed
   5-36  program will not achieve state water quality standards, the program
   5-37  may not become operative until the date on which the commission
   5-38  approves the program.
   5-39        (e)  The commission shall adopt and assess fees adequate to
   5-40  recover the costs of the commission in administering this section.
   5-41        SECTION 3.08.  WATER, WASTEWATER, OR DRAINAGE CONTROL PLANS.
   5-42  (a)  The district shall, as needed, develop, prepare, and revise
   5-43  comprehensive water, wastewater, or drainage control plans for
   5-44  various areas of the district.  The plans must be consistent with
   5-45  state water quality standards adopted by the commission and in
   5-46  effect on January 1, 1995.
   5-47        (b)  This Act does not authorize the district to:
   5-48              (1)  develop, own, or operate a surface water dam or
   5-49  reservoir for potable water supply purposes; or
   5-50              (2)  limit or supersede an existing water management
   5-51  plan, water right, or water supply or wastewater treatment facility
   5-52  of a river authority in existence on the effective date of this Act
   5-53  the territory of which comprises at least three counties and
   5-54  includes all or part of the district territory.
   5-55        (c)  The plans must comply with all requirements of the
   5-56  National Flood Insurance Program, as prescribed by Subchapter I,
   5-57  Chapter 16, Water Code.
   5-58        SECTION 3.09.  REGULATION OF SOLID WASTE.  (a)  The district
   5-59  has the powers and duties relating to the regulation of solid waste
   5-60  granted to a local government under Subchapter E, Chapter 361, and
   5-61  Chapter 364, Health and Safety Code.
   5-62        (b)  The district may adopt rules to implement the powers and
   5-63  duties authorized by this section.
   5-64        SECTION 3.10.  SEPTIC TANKS.  (a)  If the district finds that
   5-65  the nature of the soil or drainage in the district requires
   5-66  regulation of septic tanks to prevent water pollution  or to
   5-67  protect the public health, the district by rule may:
   5-68              (1)  restrict the number and types of septic tanks
   5-69  permitted in a specified area;
   5-70              (2)  forbid the use of a septic tank in a specified
    6-1  area;
    6-2              (3)  forbid the installation of a new septic tank in a
    6-3  specified area;
    6-4              (4)  establish a permit system for the installation of
    6-5  a new septic tank in a specified area; or
    6-6              (5)  seek a gradual reduction of the number or types of
    6-7  septic tanks in a specified area.
    6-8        (b)  Before the board adopts a rule under this section, the
    6-9  board shall:
   6-10              (1)  consult with the commission; and
   6-11              (2)  hold a public hearing in the area to be affected
   6-12  by the rule.
   6-13        SECTION 3.11.  SUBDIVISIONS.  (a)  Subject only to the power
   6-14  and jurisdiction, as modified by this Act, of a county under
   6-15  Chapter 232, Local Government Code, the district has the exclusive
   6-16  power and jurisdiction, superseding the power and jurisdiction of
   6-17  any other local government, to approve a plat or replat required of
   6-18  a tract of land located within the district.  A plat or replat may
   6-19  not be filed with the county clerk without the approval of both the
   6-20  district and the county with jurisdiction over the land.
   6-21        (b)  Subject to Subsection (a) of this section, the district
   6-22  must approve a plat or replat that satisfies the requirements
   6-23  established by the commissioners court of the county under Section
   6-24  232.003, Local Government Code.  The district shall act on a plat
   6-25  or replat not later than the 60th day after the date the plat or
   6-26  replat is filed.  A plat or replat is approved unless before the
   6-27  61st day after the date the plat or replat is filed:
   6-28              (1)  the plat or replat is expressly disapproved; and
   6-29              (2)  a statement of the specific manner in which the
   6-30  plat or replat fails to satisfy all applicable regulations is given
   6-31  to the owner of the land included in the plat or replat.
   6-32        (c)  With respect to land within the district, the district
   6-33  may not regulate:
   6-34              (1)  the use of any building or property for business,
   6-35  industrial, residential, or other purposes;
   6-36              (2)  the size, bulk, height, location, or number of
   6-37  buildings and other structures that may be constructed or the ratio
   6-38  of building area to land area;
   6-39              (3)  the number of residential units that may be built;
   6-40  or
   6-41              (4)  the size of yards, courts, other open areas, or
   6-42  the impervious cover that may be constructed on a tract of land.
   6-43        SECTION 3.12.  MUNICIPAL UTILITY DISTRICTS.  (a)  The
   6-44  creation of a municipal utility district in the district shall be
   6-45  regulated only by the commission.  The consent of the district or
   6-46  any local government or other political subdivision in the state is
   6-47  not required to create a municipal utility district in the
   6-48  district.
   6-49        (b)  The district has exclusive authority to enforce, amend,
   6-50  or terminate the provisions of any agreement between or that
   6-51  applies to a municipal utility district located within the district
   6-52  and any local government or other political subdivision in the
   6-53  state relating to:
   6-54              (1)  land use or site plans;
   6-55              (2)  restrictive covenants;
   6-56              (3)  the provision of drainage and solid waste disposal
   6-57  services;
   6-58              (4)  the regulation of septic tanks;
   6-59              (5)  the control and abatement of water pollution;
   6-60              (6)  the prohibition of pollution and policing of any
   6-61  source of water supply; or
   6-62              (7)  the protection and policing of watersheds within
   6-63  the district.
   6-64        (c)  The authority granted by Subsection (b) of this section
   6-65  supersedes the authority of any local government or other political
   6-66  subdivision in the state regarding the matters described by
   6-67  Subsection (b) of this section, other than the authority of a
   6-68  county to enforce, amend, or terminate an agreement pertaining to
   6-69  landscape maintenance or a license agreement in the public
   6-70  rights-of-way.
    7-1        (d)  The rules of the district in effect at the time a
    7-2  petition for creation of a municipal utility district is filed with
    7-3  the commission remain applicable to all land within the municipal
    7-4  utility district until all bonds issued by the municipal utility
    7-5  district have been paid.  After a municipal utility district issues
    7-6  bonds for a project approved by the commission, the district or a
    7-7  local government or other political subdivision of the state may
    7-8  not impose a requirement or condition on the municipal utility
    7-9  district that may adversely affect the data, profiles, maps, plans
   7-10  and specifications, or land use used to determine the feasibility
   7-11  of the project or the financial feasibility or tax base of the
   7-12  municipal utility district, unless the requirement or condition is
   7-13  made specifically to comply with state or federal law or applies
   7-14  only after the bonds issued by the municipal utility district have
   7-15  been paid.  Any requirement or condition imposed on a municipal
   7-16  utility district in conflict with this section is void.
   7-17        SECTION 3.13.  ACQUISITION, CONSTRUCTION, AND OPERATION OF
   7-18  SYSTEMS.  The district may:
   7-19              (1)  acquire and provide by purchase, gift, or lease
   7-20  any water service, wastewater service, drainage service, or
   7-21  disposal service within the district;
   7-22              (2)  construct a disposal system and provide disposal
   7-23  services within the district;
   7-24              (3)  operate or sell a disposal system the district
   7-25  constructs or acquires;
   7-26              (4)  contract with any person to operate or maintain a
   7-27  disposal system the person owns; and
   7-28              (5)  contract with any person to train or supervise
   7-29  employees of a disposal system.
   7-30        SECTION 3.14.  SYSTEM CONTRACTS.  (a)  The district may
   7-31  contract to receive and treat or dispose of water, wastewater,
   7-32  drainage, or wastes from any person in the district.
   7-33        (b)  In a contract under this section, the district shall set
   7-34  fees on the basis of:
   7-35              (1)  the quality and quantity of the water, wastewater,
   7-36  drainage, or waste;
   7-37              (2)  the difficulty in treating or disposing of the
   7-38  water, wastewater, drainage, or waste;
   7-39              (3)  operation and maintenance expenses and debt
   7-40  retirement service costs; and
   7-41              (4)  any other reasonable consideration.
   7-42        SECTION 3.15.  SALE OF WATER OR BY-PRODUCT.  The district may
   7-43  store and sell:
   7-44              (1)  water; or
   7-45              (2)  a by-product from the district's operations.
   7-46        SECTION 3.16.  PERMITS FROM COMMISSION.  (a)  The district
   7-47  may apply to the commission for a permit to appropriate water.
   7-48        (b)  The district may apply to the commission for a water
   7-49  storage or use permit to store and sell water under Section 3.13 of
   7-50  this Act.
   7-51        SECTION 3.17.  EMINENT DOMAIN.  (a)  Except as provided by
   7-52  Subsection (b), the district may exercise the power of eminent
   7-53  domain under Chapter 21, Property Code, to acquire property of any
   7-54  kind in Travis County that is:
   7-55              (1)  appropriate for the exercise of the district's
   7-56  functions; and
   7-57              (2)  within the district or adjacent to the district.
   7-58        (b)  The district may not exercise the power of eminent
   7-59  domain to acquire the property of a river authority in existence on
   7-60  the effective date of this Act the territory of which comprises at
   7-61  least three counties and includes all or part of the district
   7-62  territory.
   7-63        SECTION 3.18.  RELOCATION OF FACILITIES.  If the district
   7-64  requires relocating, raising, lowering, rerouting, changing the
   7-65  grade of, or altering the construction of a railroad, highway,
   7-66  pipeline, or an electric transmission or distribution, telegraph,
   7-67  or telephone line conduit, pole, or facility, the district shall
   7-68  pay the cost of that action so as to provide comparable replacement
   7-69  of any replaced facility, less the replaced facility's net salvage
   7-70  value.
    8-1        SECTION 3.19.  USE OF PUBLIC EASEMENTS.  (a)  The district
    8-2  may use any public roadway, street, alley, or easement in Travis
    8-3  County to accomplish its purposes, without the necessity of
    8-4  securing a franchise or other governmental agreement.  The use is
    8-5  subject to the authority of a county to require the relocation of
    8-6  facilities, at the expense of the district, to permit the widening
    8-7  or straightening of a road.  The county must give the district 30
    8-8  days' notice that relocation is required and specify the new
    8-9  location for the facilities along the right-of-way of the road.
   8-10        (b)  This section does not apply to an easement of a river
   8-11  authority in existence on the effective date of this Act the
   8-12  territory of which comprises at least three counties and includes
   8-13  all or part of the district territory.
   8-14        (c)  The district may not change, alter, or damage a portion
   8-15  of the state highway system or any county road without first
   8-16  obtaining the written consent of the Texas Department of
   8-17  Transportation or the county, as applicable.  The placement of a
   8-18  district facility in state or county highway right-of-way is
   8-19  subject to regulation by the Texas Department of Transportation or
   8-20  a county, as applicable.
   8-21        SECTION 3.20.  ACQUISITION AND DISPOSITION OF PROPERTY.  (a)
   8-22  The district may purchase, lease, acquire by gift, maintain, use,
   8-23  or operate property of any kind that is appropriate for the
   8-24  exercise of its functions.
   8-25        (b)  The board may sell to the highest bidder, at a public or
   8-26  private sale, or may exchange any property owned by the district
   8-27  that is not required to carry out the district's purposes.  Before
   8-28  conducting a public or a private sale of property, the district
   8-29  shall give notice of its intent to sell the property by publishing
   8-30  notice once a week for two consecutive weeks in a newspaper of
   8-31  general circulation in the district.
   8-32        SECTION 3.21.  FACILITIES.  The district may acquire,
   8-33  construct, extend, improve, maintain, reconstruct, use, or operate
   8-34  any facility necessary or convenient to the exercise of its powers,
   8-35  rights, duties, or functions.
   8-36        SECTION 3.22.  CONTRACTS.  (a)  The district may make
   8-37  contracts and execute instruments necessary or convenient to the
   8-38  exercise of its powers, rights, duties, or functions.  The district
   8-39  may not enter into a contract with a term greater than 50 years.
   8-40        (b)  This section does not prohibit the district from
   8-41  purchasing surplus property from the United States through a
   8-42  negotiated contract without bids.
   8-43        (c)  An officer, agent, or employee of the district who is
   8-44  financially interested in a contract of the type described in
   8-45  Subsection (b) of this section shall disclose the interest to the
   8-46  board before the board votes on the acceptance of the contract.
   8-47        (d)  Notwithstanding any provision of a municipality's
   8-48  charter, a contract between the district and a municipality need
   8-49  not be submitted to the municipality's electorate.
   8-50        SECTION 3.23.  COOPERATIVE AGREEMENTS.  The district may
   8-51  enter into cooperative agreements with other local governments,
   8-52  state agencies, or agencies of the United States:
   8-53              (1)  to perform water, wastewater, drainage, or waste
   8-54  disposal management, inspection, and enforcement functions and to
   8-55  give technical aid and education services to any party to the
   8-56  agreement; and
   8-57              (2)  to transfer money or property to any party to the
   8-58  agreement for the purpose of water quality and waste disposal
   8-59  management, inspection, enforcement, and technical aid and
   8-60  education.
   8-61        SECTION 3.24.  COUNTY AUTHORITY.  Notwithstanding any other
   8-62  provision of this Act, this Act does not affect a county's
   8-63  authority acting under an order or ordinance of the commissioners
   8-64  court of the county or by a rule or regulation approved by the
   8-65  commissioners court of the county:
   8-66              (1)  related to land use or zoning, including the
   8-67  authority provided by:
   8-68                    (A)  Chapters 233 and 243, Local Government Code;
   8-69                    (B)  Section 109.33, Alcoholic Beverage Code;
   8-70                    (C)  Chapter 953, Acts of the 70th Legislature,
    9-1  Regular Session, 1987 (Article 2372dd-1, Vernon's Texas Civil
    9-2  Statutes); or
    9-3                    (D)  other law;
    9-4              (2)  to regulate subdivisions under Chapter 232, Local
    9-5  Government Code, or other law, if the regulation does not conflict
    9-6  with Section 3.07(a) of this Act;
    9-7              (3)  to plan, construct, or maintain public roads or
    9-8  related drainage under the County Road and Bridge Act (Article
    9-9  6702-1, Vernon's Texas Civil Statutes) or other law if the
   9-10  regulation does not conflict with Section 3.07(a) of this Act; or
   9-11              (4)  to regulate an on-site sewage disposal system, as
   9-12  that term is defined by Section 366.002, Health and Safety Code, or
   9-13  a private sewage facility, as that term is defined by Section
   9-14  26.031, Water Code.
   9-15                 ARTICLE 4.  GENERAL FISCAL PROVISIONS
   9-16        SECTION 4.01.  DISBURSEMENT OF MONEY.  The district may
   9-17  disburse money only by check, draft, order, or other instrument
   9-18  signed by the person or persons authorized in the board's bylaws or
   9-19  by board resolution.
   9-20        SECTION 4.02.  FEES AND CHARGES.  The district may establish
   9-21  fees and charges not to exceed the amounts necessary to enable the
   9-22  district to fulfill the obligations imposed on it by this Act.
   9-23        SECTION 4.03.  LOANS AND GRANTS.  (a)  The district may
   9-24  borrow money and accept grants for its corporate purposes.
   9-25        (b)  The district may borrow money and accept grants from
   9-26  private sources, the United States, the state, and local
   9-27  governments.  The district may enter into any agreement in
   9-28  connection with a loan or grant that does not conflict with state
   9-29  or federal law.
   9-30        (c)  Information of the source, amount, and any restriction
   9-31  on expenditure of money the district accepts is public information.
   9-32        SECTION 4.04.  FISCAL YEAR.  The board shall establish the
   9-33  district's fiscal year.
   9-34        SECTION 4.05.  INDEPENDENT AUDIT AND REPORT.  (a)  The board
   9-35  shall have an audit of the district's affairs for each fiscal year
   9-36  prepared by an independent certified public accountant of
   9-37  recognized integrity and ability.
   9-38        (b)  The district shall keep at least one copy of the most
   9-39  recent audit at the district's principal office.
   9-40        (c)  The district shall make a copy of the most recent audit
   9-41  available for inspection by any interested person during regular
   9-42  business hours.
   9-43        SECTION 4.06.  DEPOSITORY BANKS.  (a)  The board shall
   9-44  designate one or more banks to serve as depository for the
   9-45  district's money.  The district shall deposit all of its money in
   9-46  the designated depository bank or banks, except:
   9-47              (1)  to the extent provided in a trust indenture, the
   9-48  district may deposit bond proceeds and money pledged to pay bonds
   9-49  with the trustee bank named in the trust indenture; and
   9-50              (2)  money pledged to pay bonds shall be remitted to
   9-51  the bank of payment for the payment of principal and interest on
   9-52  bonds.
   9-53        (b)  To the extent that money in a depository bank or trustee
   9-54  bank is not invested or insured by the Federal Deposit Insurance
   9-55  Corporation, the money shall be secured in the manner provided by
   9-56  law for the security of state money.
   9-57        (c)  Before designating a depository bank, the board shall
   9-58  publish notice at least once in a newspaper of general circulation
   9-59  in the district requesting applications from banks interested in
   9-60  serving as a depository.  The notice shall include the time and
   9-61  location of the board meeting at which the board proposes to
   9-62  designate a depository bank.  The board shall prescribe the term of
   9-63  service of a depository bank.
   9-64        (d)  At the time stated in the notice required by Subsection
   9-65  (c), the board shall consider the applications received and the
   9-66  management and condition of each bank that files an application.
   9-67  The board may designate as a depository the bank or banks that
   9-68  offer the most favorable terms and conditions for the handling of
   9-69  the district's money and that have proper management and the
   9-70  ability to properly handle the district's money.  Membership of an
   10-1  officer or director of a bank on the board of the district does not
   10-2  disqualify the bank from being designated as a depository.
   10-3        (e)  If no application is received by the time stated in the
   10-4  notice, the board may designate a bank or banks on such terms and
   10-5  conditions as the board considers prudent.
   10-6                  ARTICLE 5.  BOND AND TAX PROVISIONS
   10-7        SECTION 5.01.  REVENUE BONDS.  (a)  For the purpose of
   10-8  carrying out a power or authority conferred by this Act, the
   10-9  district may issue bonds secured by a pledge of all or part of the
  10-10  revenues accruing to the district from a source other than ad
  10-11  valorem taxes, including money received from tolls, charges, the
  10-12  sale of water or other products, and the provision of services.
  10-13        (b)  The district's bonds shall:
  10-14              (1)  be authorized by board resolution;
  10-15              (2)  be issued in the district's name;
  10-16              (3)  be signed by the chair or vice chair;
  10-17              (4)  be attested by the secretary; and
  10-18              (5)  bear the district's seal.
  10-19        (c)  The board may prescribe the form, denomination, and
  10-20  interest rate of bonds issued by the district, except that bonds
  10-21  must mature serially or otherwise not more than 50 years after
  10-22  their date.  The board may sell bonds at prices and under terms
  10-23  that the board determines to be the most advantageous reasonably
  10-24  available.  The district's bonds may be made redeemable before
  10-25  maturity at times and prices prescribed in the bonds.  The
  10-26  district's bonds may be secured by an indenture of trust with a
  10-27  corporate trustee.
  10-28        (d)  The district may issue bonds in more than one series as
  10-29  required for carrying out the purposes of this Act.  The district
  10-30  may, in issuing bonds secured by the district's revenues, reserve
  10-31  the right to issue additional bonds secured by the district's
  10-32  revenues that are on a parity with or are senior or subordinate to
  10-33  the bonds issued earlier.
  10-34        (e)  The resolution authorizing the bonds or the trust
  10-35  indenture securing the bonds may specify additional provisions that
  10-36  shall constitute a contract between the district and its
  10-37  bondholders.  The board may provide:
  10-38              (1)  for additional bond provisions; and
  10-39              (2)  for a corporate trustee or receiver to take
  10-40  possession of the district's facilities if the district defaults.
  10-41        SECTION 5.02.  REFUNDING BONDS.  (a)  The district may issue
  10-42  refunding bonds to refund outstanding bonds and interest authorized
  10-43  by this Act.
  10-44        (b)  Refunding bonds may:
  10-45              (1)  be issued to refund one or more series of
  10-46  outstanding bonds;
  10-47              (2)  combine the pledges for the outstanding bonds for
  10-48  the security of the refunding bonds; and
  10-49              (3)  be secured by other or additional revenues.
  10-50        (c)  The provisions of this Act applicable to the district's
  10-51  issuance of other bonds, their security, their approval by the
  10-52  attorney general, and the remedies of the holders are applicable to
  10-53  refunding bonds.
  10-54        (d)  Refunding bonds shall be registered by the comptroller
  10-55  of public accounts on surrender and cancellation of the bonds to be
  10-56  refunded.  Alternatively, the resolution authorizing the issuance
  10-57  of refunding bonds may provide that the bonds shall be sold and the
  10-58  resulting proceeds deposited in the bank where the bonds to be
  10-59  refunded are payable, in which case the refunding bonds may be
  10-60  issued in an amount sufficient to pay the principal and interest of
  10-61  the bonds to be refunded to their option or maturity date.  The
  10-62  comptroller of public accounts shall register the refunding bonds
  10-63  without concurrent surrender and cancellation of the bonds to be
  10-64  refunded.
  10-65        SECTION 5.03.  APPROVAL AND REGISTRATION OF BONDS.  After the
  10-66  district authorizes any bonds, the district shall submit the bonds
  10-67  and the record relating to their issuance to the attorney general
  10-68  for approval.  If the bonds are secured by a pledge of the proceeds
  10-69  of a contract between the district and a municipality or other
  10-70  governmental agency, authority, or district, the district shall
   11-1  submit to the attorney general a copy of the contract and the
   11-2  proceedings of the municipality or other governmental agency,
   11-3  authority, or district authorizing the contract.  If the attorney
   11-4  general finds that the bonds have been authorized and the
   11-5  contracts, if any, have been made in accordance with the
   11-6  constitution and laws of the state, the attorney general shall
   11-7  approve the bonds and contracts.  On approval, the bonds shall then
   11-8  be registered by the comptroller of public accounts.
   11-9        SECTION 5.04.  BOND ELECTION.  The district may issue bonds
  11-10  without an election.
  11-11        SECTION 5.05.  AUTHORIZED INVESTMENTS.  Bonds and refunding
  11-12  bonds of the district are legal, eligible, and authorized
  11-13  investments for a public fund of the state, including the State
  11-14  Permanent School Fund, or a state agency.
  11-15        SECTION 5.06.  AD VALOREM TAXATION.  (a)  Except as provided
  11-16  by Subsection (b), the district may not levy and collect ad valorem
  11-17  taxes.
  11-18        (b)  The qualified voters in the district may, in an election
  11-19  called for that purpose, authorize the district to levy and collect
  11-20  ad valorem taxes for the maintenance of the district and its
  11-21  improvements.
  11-22                    ARTICLE 6.  DISTRICT BOUNDARIES
  11-23        SECTION 6.01.  DESCRIPTION OF BOUNDARIES.  The district
  11-24  includes all the territory contained within the following area,
  11-25  whether the territory contains noncontiguous parcels of land and
  11-26  whether the territory is located within the boundaries of any
  11-27  municipality or other governmental entity or political subdivision
  11-28  of the state:
  11-29  The 4,661.248 acre tract out of the John Moore Survey No. 66, the
  11-30  Jesse Williams Survey No. 62, the Samuel Hamilton Survey No. 16,
  11-31  the John G.  McGeeHee Survey No. 6, the Thomas Brite Survey No. 65,
  11-32  the J. D. Cady Survey Abstract No. 139, the C. W. Hudson Survey No.
  11-33  43, the Richard Hailey Survey No. 35, the Corbet Stevens Survey No.
  11-34  63, the J. Burleson Survey No. 64, the John M. Bright Survey No.
  11-35  63, the C. W. Hudson Survey No. 43, the H. Haigwood Survey No. 433,
  11-36  the H. W. Cocke Survey No. 432 and the H. W. Cocke Survey No. 83,
  11-37  Travis County, Texas, being a portion of that 2,807.1345 acre
  11-38  tract, described as Tract 1, all of that 538.5087 acre tract,
  11-39  described as Tract 2, a portion of that 214.8756 acre tract,
  11-40  described as Tract 3, and all of that 100.0000 acre tract,
  11-41  described as Tract 4 all conveyed by deed to Circle C Land Corp.
  11-42  recorded in Volume 11620, Page 1126 of the Travis County Deed
  11-43  Records, all of that 11.7446 acre tract contained within the
  11-44  aforesaid 214.8756 acre tract, as dedicated for Slaughter Lane
  11-45  (120.00' right-of-way), by plat recorded in Book 86, Pages 180C and
  11-46  180D of the Travis County Plat Records, all of that 79.9863 acre
  11-47  tract conveyed to the City of Austin by deed recorded in Volume
  11-48  9495, Page 275, of the said Deed Records, all of that 46.50000 acre
  11-49  tract conveyed to the City of Austin, by deed recorded in Volume
  11-50  9495, Page 289 of the said Deed Records, all of that 285.4585 acre
  11-51  tract, conveyed to the City of Austin by deed recorded in Volume
  11-52  9495, Page 281 of the said Deed Records, a 25.4133 acre portion of
  11-53  that 412.3003 acre tract conveyed to Ira John Yates by deed
  11-54  recorded in Volume 10166, Page 726 of the said Deed Records, all of
  11-55  that 85.033 acre tract conveyed to Mopac South Transportation
  11-56  Corporation by deed recorded in Volume 10719, Page 926 of the said
  11-57  Deed Records, all of that 13.845 acre tract conveyed to Mopac South
  11-58  Transportation Corporation by deed recorded in Volume 10719, Page
  11-59  920 of the said Deed Records, all of that 99.560 acre tract
  11-60  conveyed to R. Alan Haywood, Trustee by deed recorded in Volume
  11-61  11505, Page 55 of the said Deed Records, all of that 100.2215 acre
  11-62  tract, described as Parcel "A", conveyed to Carlene H. Klaus by
  11-63  deed recorded in Volume 9724, Page 329 of the said Deed Records,
  11-64  all of that 100.2215 acre tract, described as Parcel "B", conveyed
  11-65  to Ursula H. Kutra by deed recorded in Volume 9724, Page 317 of the
  11-66  said Deed Records, all of that 100.2215 acre tract, described as
  11-67  Parcel "C", conveyed to Amelia H. Mettke by deed recorded in Volume
  11-68  9724, Page 321 of the said Deed Records, a portion of that certain
  11-69  126.73 acre tract, conveyed to Mrs. Ruby Pauls Spillar by deed
  11-70  recorded in Volume 700, Page 369 of the said Deed Records, and
   12-1  being a portion of 1248.93 acres, described as various tracts,
   12-2  conveyed to Mrs. Ruby Pauls Spillar by deed recorded in Volume 118,
   12-3  Page 455 of the Said Deed Records; the said 4,661.248 acre tract
   12-4  being more particularly described as follows:
   12-5        BEGINNING at a 5/8" iron rod found in the easterly
   12-6  right-of-way line of State Highway F.M. 1826 (80' wide) being the
   12-7  northwest corner of the said 538.5087 acre tract, a point in the
   12-8  southerly line of those tracts of land conveyed to Oak Hill Heights
   12-9  Joint Venture by deed recorded in Volume 8154, Page 552, and the
  12-10  most westerly point of a boundary line agreement between Jack Mann
  12-11  and Josephene Turnbull as described in a deed recorded in Volume
  12-12  1133, Page 464 of the said Deed Records;
  12-13        THENCE, in a southeasterly direction along the line as
  12-14  established by the said boundary line agreement, being the
  12-15  northerly line of the 538.5087 acre tract and the southerly line of
  12-16  the said Oak Hill Heights Joint Venture, tracts for the following
  12-17  nine (9) courses:
  12-18        1)  S5922'13"E, 133.45 feet to a 1/2" iron pipe found;
  12-19        2)  S5933'32"E, 676.69 feet to a 5/8" iron rod found;
  12-20        3)  S5953'12"E, 415.00 feet to a 5/8" iron rod found;
  12-21        4)  S6013'30"E, 358.42 feet to a 5/8" iron rod found;
  12-22        5)  S6029'18"E, 157.98 feet to a 1/2" iron rod found for the
  12-23  northeast corner of the said 70.96 acre tract, being the northwest
  12-24  corner of the 154.44 acre tract;
  12-25        6)  S6027'13"E, 482.95 feet to a 1/2" iron pipe found;
  12-26        7)  S6059'20"E, 834.39 feet to a 1/2" iron pipe found;
  12-27        8)  S6114'02"E, 646.28 feet to a 1/2" iron pipe found;
  12-28        9)  S6141'08"E, 306.72 feet to a 1/2" iron pipe found;
  12-29        THENCE, S6206'50"E, 332.04 feet to a 1/2" iron pipe found
  12-30  for the most easterly corner of the aforesaid boundary line
  12-31  agreement, being a northeast corner of the 538.5087 acre tract, the
  12-32  southeast corner of the said Oak Hill Heights Joint Venture tracts
  12-33  and a point in a westerly line of that 479.58 acre tract conveyed
  12-34  to Village Joint Venture by deed recorded in Volume 8539, Page 511
  12-35  of the Deed Records of Travis County, Texas;
  12-36        THENCE, S3005'47"W, at approximately 1,833.10 feet pass the
  12-37  northwest corner of the Village at Western Oaks Subdivision,
  12-38  Section 16-A, recorded in Book 86, Pages 62A through 62D, for a
  12-39  total distance of 2,399.06 feet to a 5/8" iron rod found;
  12-40        THENCE, S2950'30"W, with the easterly line of the said
  12-41  538.5087 acre tract, 276.17 feet to a 1/2" iron pipe found for the
  12-42  southwest corner of Village at Western Oaks, Section 16-A, being an
  12-43  ell corner of the aforesaid 538.5087 acre tract, and a point on the
  12-44  centerline of an existing Humble Pipeline Company, pipeline
  12-45  easement described in a deed recorded in Volume 994, Page 397 of
  12-46  the said Deed Records;
  12-47        THENCE, S7011'10"E, with the said Humble Pipeline Company
  12-48  easement, being the common line between the 538.5087 acre tract and
  12-49  Village at Western Oaks, Section 16-A, at 600.33 feet pass a 1/2"
  12-50  iron pipe found, at 1,831.37 feet pass a 1/2" iron pipe found, for
  12-51  a total distance of 2,413.41 feet to a 1/2" iron rod set on a curve
  12-52  to the left in the easterly right-of-way line of Escarpment
  12-53  Boulevard (120.00 foot right-of-way) for the southeast corner of
  12-54  the aforesaid Village at Western Oaks Subdivision, Section 16-A;
  12-55        THENCE, S7011'10"E, continuing with the north line of the
  12-56  538.5087 acre tract at 2,913.32 feet pass an iron pipe found at
  12-57  3,651.25 feet pass a second iron pipe found, for a total distance
  12-58  of 4,238.43 feet to an iron pipe found for the northeast corner of
  12-59  the said 538.5087 acre tract, being the southeast corner of that
  12-60  479.58 acre tract conveyed to Village Joint Venture by deed
  12-61  recorded in Volume 8539, Page 511 and a point in the westerly line
  12-62  of that 531.07 acre tract conveyed to Maple Run Joint Venture by
  12-63  deed recorded in Volume 7979, Page 932, both of the said deed
  12-64  records; the found pipe is also the southeast corner of the
  12-65  right-of-way dedicated for State Highway Loop 1 as shown on a plat
  12-66  of Village at Western Oaks, Section 21, a subdivision recorded in
  12-67  Book 86, Page 145C of the Map Records of Travis County, Texas;
  12-68        THENCE, S3040'24"W, with the common line between the
  12-69  538.5087 acre tract and the 531.07 acre tract, 448.59 feet to an
  12-70  iron rod found;
   13-1        THENCE, S3040'33"W, continuing with the said common line
   13-2  between the 538.5087 acre tract and the 531.07 acre tract, 450.39
   13-3  feet to an iron rod found;
   13-4        THENCE, S7200'01"E, continuing with the said common line,
   13-5  158.07 feet to an iron rod found near the centerline of Slaughter
   13-6  Creek.
   13-7        THENCE, S0218'37"E, continuing with the said common line, at
   13-8  230.03 feet pass an iron rod found for the most easterly corner of
   13-9  the 538.5087 acre tract, and a northerly corner of the above
  13-10  mentioned 285.4585 acre City of Austin tract, for a total distance
  13-11  of 424.50 feet to an iron pipe found;
  13-12        THENCE, leaving the southerly line of the 538.5087 acre
  13-13  tract, along the common line between the said 531.07 acre tract and
  13-14  the 285.4585 acre tract for the following eleven (11) courses:
  13-15        1)  S4145'47"E, for a distance of 96.65 feet to an iron rod
  13-16  found;
  13-17        2)  S7631'42"E, for a distance of 110.76 feet to an iron rod
  13-18  found;
  13-19        3)  N8420'26"E, for a distance of 172.94 feet to an iron rod
  13-20  found;
  13-21        4)  S4757'27"E, for a distance of 109.79 feet to an iron rod
  13-22  found;
  13-23        5)  S2042'20"W, for a distance of 195.48 feet to an iron rod
  13-24  found;
  13-25        6)  S4326'45"E, for a distance of 149.92 feet to an iron rod
  13-26  found;
  13-27        7)  S2111'38"E, for a distance of 141.55 feet to an iron rod
  13-28  found;
  13-29        8)  S1335'11"W, for a distance of 148.65 feet to an iron rod
  13-30  found;
  13-31        9)  S0515'39"E, for a distance of 347.41 feet to an iron rod
  13-32  found;
  13-33        10)  S4023'14"W, for a distance of 269.29 feet to an iron
  13-34  rod found;
  13-35        11)  S7931'14"W, for a distance of 58.41 feet to a point in
  13-36  the centerline of Slaughter Creek;
  13-37        THENCE, along the centerline of Slaughter Creek, continuing
  13-38  with the above said common line between the 531.07 acre tract and
  13-39  the 285.4585 acre tract for the following thirteen (13) courses;
  13-40        1)  S0822'19"W, for a distance of 407.97 feet to an iron rod
  13-41  found;
  13-42        2)  S2626'53"W, for a distance of 329.10 feet to an iron rod
  13-43  found;
  13-44        3)  S0543'44"W, for a distance of 314.04 feet to an iron rod
  13-45  found;
  13-46        4)  S1157'05"E, for a distance of 304.24 feet to an iron rod
  13-47  found;
  13-48        5)  S3706'33"E, for a distance of 176.12 feet to an iron rod
  13-49  found;
  13-50        6)  S6458'21"E, for a distance of 264.75 feet to a nail
  13-51  found;
  13-52        7)  N6439'39"E, for a distance of 295.20 feet to a point;
  13-53        8)  N8849'06"E, for a distance of 326.14 feet to an iron rod
  13-54  found;
  13-55        9)  S7115'17"E, for a distance of 207.09 feet to an iron rod
  13-56  found;
  13-57        10)  S0537'53"E, for a distance of 155.67 feet to a nail
  13-58  found;
  13-59        11)  S3531'12"E, for a distance of 432.21 feet to an iron
  13-60  rod found;
  13-61        12)  S5645'40"E, for a distance of 110.46 feet to an iron
  13-62  pipe found;
  13-63        13)  S3528'15"E, at a distance of 310.95 feet pass an iron
  13-64  pipe found on the east side of Slaughter Creek, for a total
  13-65  distance of 323.72 feet to an iron rod found at a fence corner
  13-66  post, for the most southerly corner of that certain 19.81 acre
  13-67  tract of land conveyed to James W. Akins by a deed recorded in
  13-68  Volume 4677, Page 1386 of the said Deed Records and a point in the
  13-69  west line of the said 214.8756 acre tract;
  13-70        THENCE, N2804'16"E, leaving the north line of the 285.4585
   14-1  acre tract, along the common line between the 19.81 acre tract and
   14-2  the 214.8756 acre tract, for a distance of 551.99 feet to a 1/2"
   14-3  iron rod found;
   14-4        THENCE, N2918'16"E, with the said common line between the
   14-5  said 221.4613 acre tract and the 19.81 acre tract, 504.48 feet to a
   14-6  1/2" iron rod found;
   14-7        THENCE, N2951'30"E, with the said westerly line of the
   14-8  221.4613 acre tract, at 538.05 feet pass a concrete monument found
   14-9  in the southerly right-of-way line of Slaughter Lane (120.00 foot
  14-10  right-of-way), at 695.41 feet pass a point in the northerly
  14-11  right-of-way line of the aforesaid Slaughter Lane (11.7446 acres),
  14-12  for a total distance of 843.60 feet to a 1/2" iron rod found for
  14-13  the northwest corner of the abovesaid 214.8756 acre tract, being
  14-14  the southwest corner of that certain tract conveyed to Clara Brooks
  14-15  Chastain by deed recorded in Volume 6887, Page 178 and a point in
  14-16  the easterly line of the remainder of that 531.07 acre tract
  14-17  conveyed to Maple Run Joint Venture by deed recorded in Volume
  14-18  7979, Page 932 both of the Deed Records of Travis County, Texas;
  14-19        THENCE, S5957'00"E, leaving the easterly line of the said
  14-20  531.07 acre tract, along the northerly line of the 214.8756 acre
  14-21  tract, 638.74 feet to a 3/4" iron pipe found for the southeast
  14-22  corner of the said Clara Brooks Chastain Tract, being the southwest
  14-23  corner of that 199.65 acre tract conveyed to J.D. Carrol et. al. by
  14-24  deed recorded in Volume 2522, Page 442 of the said Deed Records;
  14-25        THENCE, with the common line between the said 214.8756 acre
  14-26  tract and the 199.65 acre tract for the following four (4) courses:
  14-27        1)  S5953'05"E, 941.26 feet to a 3/4" iron pipe found;
  14-28        2)  S5944'07"E, 887.29 feet to a 3/4" iron pipe found;
  14-29        3)  S5925'09"E, 385.48 feet to a 3/4" iron pipe found;
  14-30        4)  S5938'47"E, 520.87 feet to a 1/2" iron rod found for the
  14-31  most northerly northeast corner of the said 214.8756 acre tract,
  14-32  being the northwest corner of that 5.1589 acre tract conveyed to
  14-33  Gary L. Bradley, Trustee by deed recorded in Volume 8882, Page 748
  14-34  of the said Deed Records;
  14-35        THENCE, leaving the southerly line of the said 199.65 acre
  14-36  tract, with the common line between the 214.8756 acre tract and the
  14-37  5.1589 acre tract for the following two (2) courses:
  14-38        1)  S3030'08"W, 498.76 feet to a 1/2" iron rod found;
  14-39        2)  S5929'52"E, 450.00 feet to a 1/2" iron rod found for the
  14-40  most easterly northeast corner of the 214.8756 acre tract, being
  14-41  the southeast corner of the 5.1589 acre tract and a point in the
  14-42  westerly right-of-way line of Brodie Lane (right-of-way varies);
  14-43        THENCE, S3030'08"W, leaving the southerly line of the said
  14-44  5.1589 acre tract, with the easterly line of the 214.8756 acre
  14-45  tract, being the westerly right-of-way line of Brodie Lane, at
  14-46  1,161.13 feet pass a point in the aforesaid northerly right-of-way
  14-47  line of Slaughter Lane, at 1,311.13 feet pass a point in the
  14-48  aforesaid southerly right-of-way line of Slaughter Lane, for a
  14-49  total distance of 2,087.89 feet to a 1/2" iron rod found for the
  14-50  southeast corner of the abovesaid 214.8756 acre tract, being a
  14-51  point in the northerly line of that 400 acre tract conveyed to
  14-52  George Barker by deed recorded in Volume 409, Page 158 of the said
  14-53  Deed Records;
  14-54        THENCE, with the common line between the said 214.8756 acre
  14-55  tract and the 400 acre tract for the following eight (8) courses:
  14-56        1)  N5923'14"W, 357.99 feet to a 3/4" iron pipe found;
  14-57        2)  N5939'36"W, 234.36 feet to a 3/4" iron pipe found;
  14-58        3)  N6026'39"W, 371.13 feet to a 3/4" iron pipe found;
  14-59        4)  N6019'49"W, 607.54 feet to a 3/4" iron pipe found;
  14-60        5)  N6015'08"W, at 301.82 feet pass a concrete monument
  14-61  found, at 371.82 feet pass a concrete monument found, for a total
  14-62  distance of 968.19 feet to a 60d nail found in a fence post;
  14-63        6)  N6045'22"W, continuing with the southerly line of the
  14-64  said 214.8756 acre tract, 9.27 feet to a 60d nail found in a fence
  14-65  post;
  14-66        7)  N5935'12"W, continuing along the said southerly line of
  14-67  the 214.8756 acre tract, 815.61 feet to a 3/4" iron pipe found;
  14-68        8)  N5925'45"W, for a distance of 410.57 feet to a concrete
  14-69  monument found for the southwest corner of the said 214.8756 acre
  14-70  tract, being a point in the easterly line of the said 285.4585 acre
   15-1  tract and the northwest corner of the said 400 acre tract;
   15-2        THENCE, S3014'54"W, leaving the southerly line of the said
   15-3  214.8756 acre tract, with the westerly line of the 400 acre tract,
   15-4  at 1,600.00 feet pass a 5/8" iron rod found for the most southerly
   15-5  southeast corner of the 285.4585 acre tract, being a northeast
   15-6  corner of the said 2807.1345 acre tract, for a total distance of
   15-7  3,756.93 feet to a 60d nail found in a fence corner post for the
   15-8  most southerly southeast corner of the said 2807.1345 acre tract,
   15-9  being the northeast corner of that 2.72 acre tract conveyed to Ray
  15-10  McGee by deed recorded in Volume 4647, Page 31 of the said Deed
  15-11  Records;
  15-12        THENCE, N6309'43"W, leaving the westerly line of the said
  15-13  400 acre tract, with the southerly line of the 2807.1345 acre
  15-14  tract, 231.13 feet to a 1/2" iron rod found for the northwest
  15-15  corner of the said 2.72 acre tract, being the northeast corner of
  15-16  that 6.7580 acre tract conveyed to Gary L. Bradley, Trustee by deed
  15-17  recorded in Volume 10577, Page 414 of the Deed Records of Travis
  15-18  County, Texas;
  15-19        THENCE, N6226'14"W, at 425.00 feet pass a 1/2" iron rod
  15-20  found for the northwest corner of the said 6.7580 acre tract, being
  15-21  the northeast corner of that 1.0000 acre tract conveyed to Gary L.
  15-22  Bradley, Trustee by deed recorded in Volume 10577, Page 402 of the
  15-23  said Deed Records, at 575.00 feet pass a 1/2" iron rod found for
  15-24  the northwest corner of the abovesaid 1.0000 acre tract, being the
  15-25  northeast corner of that 1.0000 acre tract conveyed to Gary L.
  15-26  Bradley, Trustee by deed recorded in Volume 10577, Page 406 of the
  15-27  said Deed Records, at 725.00 feet pass a 1/2" iron rod found for
  15-28  the northwest corner of the abovesaid 1.0000 acre tract, being the
  15-29  northeast corner of that 1.0000 acre tract conveyed to Brian Lee
  15-30  Williamson by deed recorded in Volume 8901, Page 11 of the said
  15-31  Deed Records, at 875.00 feet pass a 1/2" iron rod found for the
  15-32  northwest corner of the abovesaid 1.0000 acre Williamson Tract,
  15-33  being the northeast corner of that 1.0000 acre tract conveyed to
  15-34  Gary L. Bradley, Trustee by deed recorded in Volume 10577, Page 410
  15-35  of the said Deed Records, at 1025.00 feet pass a 1/2" iron rod
  15-36  found for the northwest corner of the abovesaid 1.0000 acre tract,
  15-37  being a northerly northeast corner of that abovesaid 1.0000 acre
  15-38  tract, being a northerly northeast corner of the said 412.3003 acre
  15-39  tract, for a total distance of 1,952.31 feet to a 1/2" iron rod
  15-40  found;
  15-41        THENCE, with the common line between the said 2,807.1345 acre
  15-42  tract and the 412.3003 acre tract for the following three (3)
  15-43  courses:
  15-44        1)  N1354'38"E, 342.33 feet to a 1/2" iron rod found;
  15-45        2)  S8937'52"W, 501.38 feet to a 1/2" iron rod found;
  15-46        3)  S6347'26"W, 414.17 feet to a 1/2" iron rod found for the
  15-47  northeast corner of a 5.000 acre tract conveyed to Polly Blanton
  15-48  Brooks by a deed recorded in Volume 9807, Page 643 of the above
  15-49  said Deed Records;
  15-50        THENCE, through the 2,807.1345 acre tract, with the north,
  15-51  west, and southerly lines of the 5.000 acre tract, the following
  15-52  six (6) courses:
  15-53        1)  N6538'09"W, 415.32 feet to an iron rod found;
  15-54        2)  S5812'55"W, 207.33 feet to an iron rod found;
  15-55        3)  S0241'17"E, 301.21 feet to an iron rod found;
  15-56        4)  N8037'15"E, 92.49 feet to an iron rod found;
  15-57        5)  S7524'34"E, 416.79 feet to an iron rod found;
  15-58        6)  S8458'12"E, 142.05 feet to an iron rod found in the
  15-59  abovesaid common line between the 2,807.1345 acre tract and the
  15-60  412.3003 acre tract;
  15-61        THENCE, S1539'52"E, along the said common line, 171.37 feet
  15-62  to a 1/2" iron rod found;
  15-63        THENCE, continuing with the above said common line,
  15-64  S8718'43"W, 2,089.53 feet to a 1/2" iron rod found for the
  15-65  northeast corner of the said 85.033 acre tract;
  15-66        THENCE, across the said 412.3003 acre tract, with the
  15-67  southeasterly line of the said 85.033 acre tract (State Highway
  15-68  Loop 1), the following three (3) courses:
  15-69        1)  S5354'42"W, 276.49 feet to an iron rod found;
  15-70        2)  S3134'11"W, 1,886.12 feet to an iron rod found for the
   16-1  point of curvature of a curve to the left;
   16-2        3)  With the said curve to the left, having a radius of
   16-3  1,000.00 feet, a central angle of 2254'44", a chord distance of
   16-4  397.23 feet (chord bears S2006'49"W), for an arc distance of
   16-5  399.89 feet to an iron rod found for the intersection of the said
   16-6  northerly right-of-way line of State Highway 45 with the
   16-7  aforementioned common line between the 412.3003 acre tract and the
   16-8  99.56 acre, R. Alan Haywood, Trustee, tract; the found iron rod
   16-9  being also the northeast corner of the said 13.845 acre tract;
  16-10        THENCE, S8945'07"E, with the north line of the said 99.560
  16-11  acre tract, along the south line of the said 412.3003 acre tract,
  16-12  1,943.93 feet to an iron rod found;
  16-13        THENCE, S8941'17"E, leaving the said south line of the
  16-14  remainder of the 412.3003 acre tract, along the north line of the
  16-15  99.560 acre tract, for a distance of 436.73 feet to an iron rod
  16-16  found for the northeast corner of the 99.560 acre tract, being a
  16-17  northwest corner of that 118.757 acre tract conveyed by deed to
  16-18  Alain P. Reveilhac, Trustee by deed recorded in Volume 8993, Page
  16-19  867 of the said Deed Records;
  16-20        THENCE, S0047'45"W, along the common line between the said
  16-21  99.560 acre tract and the 118.757 acre tract, 932.88 feet to an
  16-22  iron rod found for the southeast corner of the aforesaid 99.560
  16-23  acre tract, being a northeast corner of the remainder of that
  16-24  723.85 acre tract conveyed to Jack Andrewartha by deed recorded in
  16-25  Volume 4413, page 388 of the said Deed Records;
  16-26        THENCE, N8944'18"W, leaving the west line of the said 118.57
  16-27  acre tract, along the common line between the 99.560 acre tract and
  16-28  the remainder of the 723.85 acre tract, at 2,115.36 feet pass an
  16-29  iron rod found for the southeast corner of the said 13.845 acre
  16-30  tract, at 2,615.10 feet pass an iron rod found for the southeast
  16-31  corner of the said 13.845 acre tract, for a total distance of
  16-32  4,644.68 feet to an iron rod found for the southwest corner of the
  16-33  aforesaid 99.560 acre tract, being a point in the east line of that
  16-34  283 acre tract conveyed to Ira Jon Yates by deed recorded in Volume
  16-35  7716, Page 845 of the said Deed Records;
  16-36        THENCE, N0030'28"E, leaving the said north line of the
  16-37  remainder of the 723.85 acre tract, along the common line between
  16-38  the 99.560 acre tract and the 283 acre tract, for a distance of
  16-39  932.24 feet to a 60d nail found in a fence corner post for the
  16-40  northwest corner of the said 99.560 acre tract, being the northeast
  16-41  corner of the aforesaid 283 acre tract and being in the southerly
  16-42  line of the said 412.003 acre tract;
  16-43        THENCE, S8945'07"E, leaving the east line of the said 283
  16-44  acre tract, along the south line of the remainder of the 412.3003
  16-45  acre tract, being the north line of the 99.560 acre tract, 1,329.07
  16-46  feet to an iron rod found on a curve to the left for the northwest
  16-47  corner of that 13.845 acre tract, being also the southwest corner
  16-48  of that 85.033 acre tract conveyed to Mopac South Transportation
  16-49  Corporation;
  16-50        THENCE, leaving the north line of the said 99.560 acre tract,
  16-51  across the said 412.3003 acre tract, along the southwest line of
  16-52  the 85.033 acre tract, for the following three (3) courses:
  16-53        1)  with the said curve to the left, having a radius of
  16-54  7,439.30 feet, a central angle of 0052'47", a chord distance of
  16-55  114.22 feet (chord bears N4125'15"W), for an arc distance of
  16-56  114.23 feet to an iron rod found for the point of tangency;
  16-57        2)  N4151'38"W, 2,184.35 feet to an iron rod found for the
  16-58  point of curvature of a curve to the left;
  16-59        3)  with the said curve to the left, having a radius of
  16-60  6,649.76 feet, a central angle of 0747'53", a chord distance of
  16-61  904.34 feet (chord bears N4545'35"W), for an arc distance of
  16-62  905.04 feet to an iron rod found for the intersection of the said
  16-63  southwest line of the 85.033 acre tract (State Highway 45) with the
  16-64  northerly line of the said 412.3003 acre tract, and the southerly
  16-65  line of the 2,807.1345 acre tract;
  16-66        THENCE, S8250'26"W, with the common line between the
  16-67  2,807.1345 acre tract and the 412.3003 acre tract, 2,560.06 feet to
  16-68  a 1/2" iron rod found in the west line of the said Samuel Hamilton
  16-69  Survey No. 16, being the east line of the Thomas Brite Survey No.
  16-70  65, for an ell corner of the said 2,807.1345 acre tract, being the
   17-1  northwest corner of that 412.3003 acre tract mentioned above;
   17-2        THENCE, S3031'27"W, along the west line of the Samuel
   17-3  Hamilton Survey No. 16 and the east line of the Thomas Brite Survey
   17-4  No. 65, for a distance of 561.26 feet to an iron rod found for a
   17-5  southerly corner of the said, 2,807.1345 acre tract; being a point
   17-6  in the north line of the said 283 acre tract;
   17-7        THENCE, S8344'05"W, with the common line between the
   17-8  2,807.1345 acre tract and the 283 acre tract, 58.21 feet to an iron
   17-9  rod found;
  17-10        THENCE, N8950'37"W, with the said common line, 502.68 feet
  17-11  to an iron rod found for the northwest corner of the aforesaid 283
  17-12  acre tract, and the northeast corner of the aforesaid 126.73 acre
  17-13  tract conveyed to Mrs. R. P.  Spillar;
  17-14        THENCE, leaving the south line of the 2,807.1345 acre tract,
  17-15  along the east line of said 126.73 acre Spillar Tract, as found
  17-16  fenced and used upon the ground, for the following three (3)
  17-17  courses:
  17-18        1)  S0033'17"W, for a distance of 952.64 feet to an iron pin
  17-19  set;
  17-20        2)  S0032'17"W, for a distance of 255.23 feet to an iron pin
  17-21  set;
  17-22        3)  S0035'17"W, for a distance of 528.60 feet to an iron pin
  17-23  set at or near the Southeast corner of the said 126.73 acre Spillar
  17-24  Tract, being at or near the Northeast corner of the said 1248.93
  17-25  acre Spillar Tract;
  17-26        THENCE, along the east line of the said 1248.93 acre Spillar
  17-27  Tract, as found fenced and used upon the ground, for the following
  17-28  four (4) courses:
  17-29        1)  S0852'43"E, for a distance of 291.92 feet to an iron pin
  17-30  set;
  17-31        2)  S0854'43"E, for a distance of 445.72 feet to an 60-d
  17-32  nail set;
  17-33        3)  S0004'17"W, for a distance of 1130.96 feet to an iron
  17-34  pin set;
  17-35        4)  S0002'43"E, for a distance of 382.21 feet to a
  17-36  calculated point on the approximate County Line between Travis and
  17-37  Hays Counties;
  17-38        THENCE, N4903'40"W, across the said 1,248.93 acre tract and
  17-39  the 126.73 acre tract, along the common line between Travis and
  17-40  Hays Counties, 3,986.48 feet to a calculated point in the westerly
  17-41  line of the aforesaid 126.73 acre tract;
  17-42        THENCE, along the West line of the said 126.73 acre Spillar
  17-43  Tract, as found fenced and used upon the ground, for the following
  17-44  seven (7) courses:
  17-45        1)  N0000'17"E, for a distance of 210.21 feet to an iron pin
  17-46  set;
  17-47        2)  N0000'43"W, for a distance of 332.68 feet to an iron pin
  17-48  set;
  17-49        3)  N0005'43"W, for a distance of 102.55 feet to an iron pin
  17-50  set;
  17-51        4)  N8659'43"W, for a distance of 332.58 feet to an iron pin
  17-52  set;
  17-53        5)  N8659'43"W, for a distance of 306.15 feet to an iron pin
  17-54  found;
  17-55        6)  N2917'17"E, for a distance of 565.14 feet to a 60-d nail
  17-56  found;
  17-57        7)  N2402'14"E, for a distance of 22.01 feet to a 60-d nail
  17-58  found in a fence post;
  17-59        THENCE, S6916'54"W leaving the westerly line of the said
  17-60  126.73 acre tract, in a southwesterly direction with the southerly
  17-61  fenced line of the 2,807.1345 acre tract, 760.45 feet to an iron
  17-62  rod found for the Travis and Hays County Lines;
  17-63        THENCE, N4903'54"W, leaving the southerly line of and
  17-64  crossing the said line of the 2,807.1345 acre tract, along the
  17-65  common line between Travis and Hays Counties, 3,364.02 feet to a
  17-66  concrete monument found for county marker Mile Post No. 19;
  17-67        THENCE, N4903'02"W, continuing across the said 2,807.1345
  17-68  acre tract, along the said line between Travis and Hays Counties,
  17-69  347.05 feet to a concrete monument found in the easterly
  17-70  right-of-way line of aforesaid State Highway FM 1826;
   18-1        THENCE, with the west line of the 2,807.1345 acre tract and
   18-2  the east right-of-way line of State Highway FM 1826, the following
   18-3  twelve (12) courses:
   18-4        1)  N0001'09"E, 1,166.34 feet to a concrete monument found;
   18-5        2)  N0017'55"E, for a distance of 388.69 feet to a concrete
   18-6  monument found at the point of curvature of a curve to the right;
   18-7        3)  with the said curve to the right having a central angle
   18-8  of 3047'38", a radius of 1,402.42 feet, a chord distance of 744.70
   18-9  feet (chord bears N1541'45"E), for an arc distance of 753.74 feet
  18-10  to the point of tangency;
  18-11        4)  N3105'55"E, for a distance of 1,682.33 feet to a
  18-12  concrete monument found at the point of curvature of a transition
  18-13  curve to the right;
  18-14        5)  with the said transition curve to the right having a
  18-15  central angle of 0649'48", a beginning radius of 2,834.50 feet, an
  18-16  ending radius of 2,829.50 feet, a chord distance of 337.10 feet
  18-17  (chord bears N3609'37"E) for an arc distance of 337.30 feet to a
  18-18  concrete monument found at the point of tangency;
  18-19        6)  N3756'03"E, a distance of 443.20 feet to an iron pipe
  18-20  found;
  18-21        7)  N3757'53"E, for a distance of 239.19 feet to a concrete
  18-22  monument found at the point of curvature of a curve to the left;
  18-23        8)  with the said curve to the left having a central angle of
  18-24  0726'32", a radius of 1,950.03 feet, a chord distance of 253.12
  18-25  feet (chord bears N3405'33"E) for an arc distance of 253.29 feet
  18-26  to a concrete monument found at the point of tangency;
  18-27        9)  N3029'37"E, for a distance of 1,017.58 feet to an iron
  18-28  rod found;
  18-29        10)  N3028'37"E, for a distance of 2,099.60 feet to a
  18-30  concrete right-of-way monument found at the point of curvature of a
  18-31  curve to the right;
  18-32        11)  with the said curve to the right, having a central angle
  18-33  of 4648'09", a radius of 1,105.91 feet, a chord distance of 878.46
  18-34  feet (chord bears N5353'50"E) for an arc distance of 903.37 feet
  18-35  to a concrete right-of-way monument found at the point of tangency;
  18-36        12)  N7719'10"E, for a distance of 189.23 feet to an iron
  18-37  pipe found, being the most westerly northwest corner of the above
  18-38  said 2,807.1345 acre tract, in the abandoned south right-of-way
  18-39  line of Old Austin-Driftwood Road;
  18-40        THENCE, leaving the said east right-of-way line of State
  18-41  Highway FM 1826 with the fenced north line of the 2,807.1345 acre
  18-42  tract, the following nine (9) courses and distances:
  18-43        1)  S6842'40"E, 378.51 feet to an iron pipe found;
  18-44        2)  S6341'44"E, 178.82 feet to an iron pipe found;
  18-45        3)  S2728'23"W, at 347.23 feet pass an iron pipe found 0.07
  18-46  feet to the west, for a total distance of 800.09 feet to an iron
  18-47  pipe found;
  18-48        4)  S2421'16"E, 538.49 feet to an iron pipe found;
  18-49        5)  S0552'50"E, 991.70 feet to an iron pipe found;
  18-50        6)  S5839'56"E, 1,085.30 feet to an iron pipe found;
  18-51        7)  N8847'49"E, 563.42 feet to an iron pipe found;
  18-52        8)  N6424'19"E, 951.91 feet to an iron rod found;
  18-53        9)  N3241'40"E, 470.77 feet to an iron pipe found;
  18-54        THENCE, N3236'10"E, continuing along the north line of the
  18-55  2,807.1345 acre tract, 412.97 feet to an iron pipe found in the
  18-56  south line of a 217.38 acre tract conveyed to 1826 Associates by
  18-57  deed recorded in Volume 3635, Page 634 of the said Deed Records;
  18-58        THENCE, S6024'36"E, with the apparent common line between
  18-59  the 2,807.1345 acre tract and the 217.38 acre tract, for a distance
  18-60  of 349.01 feet to an iron pipe found;
  18-61        THENCE, S5358'38"E, continuing with the said common line,
  18-62  for a distance of 533.96 feet to an iron pipe found for a northeast
  18-63  corner of the 2,807.1345 acre tract and a point in the west line of
  18-64  a 100.2215 acre tract conveyed to Carlene Hielscher Klaus by deed
  18-65  recorded in Volume 9724, Page 329; said pipe also being the end of
  18-66  a boundary line, set by Boundary Line Agreement in Volume 3922,
  18-67  Page 1668, both of the Deed Records of Travis County, Texas;
  18-68        THENCE, leaving the northerly line of the 2,807.1345 acre
  18-69  tract, along the common fenced line between the said 100.2215 acre
  18-70  Carlene H. Klaus Tract and the 217.38 acre tract, the following
   19-1  four (4) courses:
   19-2        1)  N2916'04"E, 374.23 feet to an iron rod found;
   19-3        2)  N3313'41"E, 507.32 feet to an iron rod found;
   19-4        3)  N2953'38"E, 440.11 feet to an iron rod found;
   19-5        4)  N3023'23"E, 98.78 feet to an iron rod found for the
   19-6  northwest corner of the said 100.2215 acre Klaus Tract, being the
   19-7  southwest corner of that 320 acre tract conveyed to Richard
   19-8  Hielscher by deed recorded in Volume 1212, Page 526 of the said
   19-9  Deed Records;
  19-10        THENCE, S5927'22"E, leaving the easterly line of the said
  19-11  217.38 acre tract, 737.66 feet to an iron rod found in the
  19-12  northerly line of the said 100.2215 acre Carlene H. Klaus Tract;
  19-13        THENCE, S5925'12"E, continuing with the northerly line of
  19-14  the said 100.2215 acre Klaus Tract, a distance of 252.58 feet to an
  19-15  iron rod found for the northeast corner of the aforesaid 100.2215
  19-16  acre Carlene H. Klaus Tract, being the northwest corner of the
  19-17  aforesaid 100.2215 acre Ursula H. Kutra Tract;
  19-18        THENCE, S5925'12"E, with the northerly line of the said
  19-19  100.2215 acre Ursula H. Kutra Tract, 512.23 feet to an iron rod
  19-20  found;
  19-21        THENCE, S5914'29"E, continuing along the northerly line of
  19-22  the said 100.2215 acre Ursula H. Kutra Tract, 512.87 feet to an
  19-23  iron rod found for the northeast corner of the aforesaid 100.2215
  19-24  acre tract, being the northwest corner of the said 100.2215 acre
  19-25  Amelia H. Mettke Tract;
  19-26        THENCE, S5914'29"E, with the northerly line of the said
  19-27  100.2215 acre Amelia H. Mettke Tract, 1,013.17 feet to an iron pipe
  19-28  found for the northeast corner of the aforesaid 100.2215 acre
  19-29  Amelia H. Mettke Tract, being a point in a westerly line of the
  19-30  said 2,807.1345 acre tract, and the southwest corner of the said
  19-31  320 acre tract;
  19-32        THENCE, N3005'58"E, with the easterly line of the said 320
  19-33  acre tract and the west line of the before mentioned 2,807.1345
  19-34  acre tract, at 250.00 feet pass a 1/2" iron rod found for the
  19-35  southwest corner of the said 79.9863 acre tract, for a total
  19-36  distance of 1,357.97 feet to a 60d nail found in a fence corner
  19-37  post;
  19-38        THENCE, N3049'14"E, with the common line between the said
  19-39  79.9863 acre tract and the 320 acre tract, 804.39 feet to a 60d
  19-40  nail found in a fence post;
  19-41        THENCE, N2750'15"E, continuing with the common line between
  19-42  the said 79.9863 acre tract and the 320 acre tract, 125.08 feet to
  19-43  a steel fence post found;
  19-44        THENCE, N3031'15"E, 204.35 feet to a 5/8" iron rod found;
  19-45        THENCE, N2957'23"E, continuing with the common line between
  19-46  the 79.9863 acre tract and the 320 acre tract, 360.74 feet to a
  19-47  5/8" iron rod found in the southeast line of the aforesaid 538.5087
  19-48  acre tract;
  19-49        THENCE, N2808'04"W, across the said 320 acre tract, with the
  19-50  southerly line of the 538.5087 acre tract, 2,025.54 feet to a 5/8"
  19-51  iron rod found on the centerline of the aforesaid existing Humble
  19-52  Pipeline Company, pipeline easement;
  19-53        THENCE, N7021'34"W, continuing across the said 320 acre
  19-54  tract, with the centerline of the said Humble Pipeline, 1,386.97
  19-55  feet to a 1/2" iron rod found for a southwest corner of the
  19-56  538.5087 acre tract and a point in the easterly line of that 3.48
  19-57  acre tract conveyed to Dan P. Scranton by deed recorded in Volume
  19-58  4217, Page 236 of the said deed records;
  19-59        THENCE, N3211'17"E, with a westerly line of the said
  19-60  538.5087 acre tract, at 144.68 feet pass a 5/8" iron rod found for
  19-61  the northeast corner of the 3.48 acre tract, being the southeast
  19-62  corner of that 3.45 acre tract conveyed to Arnold A. Jensen by deed
  19-63  recorded in Volume 7101, Page 123 of the said deed records, for a
  19-64  total distance of 404.54 feet to a 5/8" iron rod found for the
  19-65  northeast corner of the aforesaid 3.45 acre tract, being the
  19-66  southeast corner of that 3.42 acre tract conveyed to John T.
  19-67  Alexander Et Ux by deed recorded in Volume 5019, Page 1341 of the
  19-68  Deed Records of Travis County, Texas;
  19-69        THENCE, N3204'03"E, continuing with the said westerly line
  19-70  of the 538.5087 acre tract, 259.87 feet to a 5/8" iron rod found
   20-1  for the northeast corner of the said 3.42 acre tract, being the
   20-2  southeast corner of that 3.23 acre tract conveyed to L.  Van Sickle
   20-3  by deed recorded in Volume 4822, Page 1413 of the said Deed
   20-4  Records;
   20-5        THENCE, N3208'30"E, 199.96 feet to a 1/2" iron pipe found
   20-6  for an ell corner of the said 538.5087 acre tract, being the
   20-7  northeast corner of the 3.23 acre tract;
   20-8        THENCE, N5939'43"W, with the common line between the said
   20-9  538.5087 acre tract and the 3.23 acre tract, 28.23 feet to a 60d
  20-10  nail found in a cedar tree;
  20-11        THENCE, N4040'12"W, with the northerly line of the said 3.23
  20-12  acre tract, 238.75 feet to a 1/2" iron pipe found at a cattle guard
  20-13  for a southwest corner of the 538.5087 acre tract;
  20-14        THENCE, N6056'11"W, with the common line between the
  20-15  538.5087 acre tract and the 3.23 acre tract, 7.46 feet to a 1/2"
  20-16  iron pipe found;
  20-17        THENCE, N7539'02"W, continuing with the said common line
  20-18  between the 538.5087 acre tract and the 3.23 acre tract, 40.48 feet
  20-19  to a 5/8" iron rod found;
  20-20        THENCE, N5752'12"W, with the southerly line of the said
  20-21  538.5087 acre tract, 807.29 feet to a 1/2" iron rod found in the
  20-22  northerly line of that 3.41 acre tract conveyed to Edwin Dudley by
  20-23  deed recorded in Volume 6405, Page 1177 of the said deed records;
  20-24        THENCE, with the common line between the said 538.5087 acre
  20-25  tract and the 3.41 acre tract for the following three (3) courses:
  20-26        1)  N0729'32"W, 16.38 feet to a 60d nail found in a fence
  20-27  corner post at a cattle guard;
  20-28        2)  N6318'41"W, 6.83 feet to a 60d nail found in a fence
  20-29  corner post;
  20-30        3)  S8133'38"W, 17.89 feet to a 1/2" iron rod found for the
  20-31  northwest corner of the said 3.41 acre tract, being the most
  20-32  westerly southwest corner of the 538.5087 acre tract, and a point
  20-33  on the aforesaid easterly right-of-way line of State Highway F.M.
  20-34  1826;
  20-35        THENCE, with the common line between the 538.5087 acre tract
  20-36  and the easterly right-of-way line of State Highway F.M. 1826 for
  20-37  the following four (4) courses:
  20-38        1)  N3054'59"E, 632.18 feet to a concrete right-of-way
  20-39  monument found 40.00 feet left of State Highway Centerline Station
  20-40  73+30.5;
  20-41        2)  N2827'31"E, 393.09 feet to a concrete right-of-way
  20-42  monument found for the point of curvature of a curve to the left,
  20-43  40.00 feet left of State Highway Centerline Station 69+38.5;
  20-44        3)  with the said curve to the left having a central angle of
  20-45  0630'44", a radius of 3,859.21 feet, a chord distance of 438.40
  20-46  feet (chord bears N2504'58"E) for an arc distance of 438.64 feet
  20-47  to a concrete right-of-way monument found for the point of
  20-48  tangency, 40.00 feet left of State Highway Centerline Station
  20-49  65+03;
  20-50        4)  N2150'08"E, 774.26 feet to the PLACE OF BEGINNING,
  20-51  CONTAINING within these metes and bounds 4,661.248 acres of land
  20-52  area.
  20-53        SECTION 6.02.  FINDINGS RELATED TO BOUNDARIES.  The
  20-54  legislature finds that the boundaries and field notes of the
  20-55  district form a closure.  A mistake in the field notes or in
  20-56  copying the field notes in the legislative process does not affect
  20-57  the organization, existence, or validity of the district, the right
  20-58  of the district to issue bonds or refunding bonds or to pay the
  20-59  principal of or interest on bonds, the right of the district to
  20-60  levy and collect taxes, or the legality or operation of the
  20-61  district  or its board.
  20-62        SECTION 6.03.  FINDING OF BENEFIT.  All of the land and other
  20-63  property included within the boundaries of the district will be
  20-64  benefitted by the works and projects that are to be accomplished by
  20-65  the district under powers conferred by this Act.  The district is
  20-66  created to serve a public use and benefit.
  20-67        SECTION 6.04.  ADDITION OF TERRITORY.  (a)  In accordance
  20-68  with this section, the district may annex additional territory in
  20-69  Travis County that is:
  20-70              (1)  located in the Bear Creek, Slaughter Creek, or
   21-1  Williamson Creek watersheds; and
   21-2              (2)  not located in the corporate limits of a
   21-3  municipality.
   21-4        (b)  Proceedings for the annexation of territory by the
   21-5  district may only be initiated by a petition signed by the owners
   21-6  of the land proposed to be annexed.  The petition must request that
   21-7  the board hold a public hearing on the matters set out in the
   21-8  petition.
   21-9        (c)  The board shall hear and consider the petition and may
  21-10  annex the territory if the board determines that the land should be
  21-11  annexed.
  21-12        (d)  The consent of a municipality or other governmental
  21-13  entity or political subdivision of the state is not required for
  21-14  any annexation of territory by the district.
  21-15        (e)  In a calendar year, the district may not annex a total
  21-16  area greater than 10 percent of the area of the district territory
  21-17  on January 1 of that year plus any amount carried over to that year
  21-18  under this subsection, except that the district may not annex in a
  21-19  calendar year a total area greater than 30 percent of the area of
  21-20  the district territory as of January 1 of that year.  If the
  21-21  district fails to annex in a calendar year the entire 10 percent
  21-22  amount permitted under this subsection, the district may carry over
  21-23  the unused allocation for use in subsequent calendar years.  For
  21-24  the calendar year 1995, the district may not annex a total area
  21-25  greater than 10 percent of the district territory on the effective
  21-26  date of this Act.  Notwithstanding this subsection, the district
  21-27  territory may not exceed 8,000 acres.
  21-28                 ARTICLE 7.  MISCELLANEOUS PROVISIONS
  21-29        SECTION 7.01.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
  21-30  (a)  The proper and legal notice of the intention to introduce this
  21-31  Act, setting forth the general substance of this Act, has been
  21-32  published as provided by law, and the notice and a copy of this Act
  21-33  have been furnished to all persons, agencies, officials, or
  21-34  entities to which they are required to be furnished by the
  21-35  constitution and other laws of this state, including the governor,
  21-36  who has submitted the notice and the Act to the Texas Natural
  21-37  Resource Conservation Commission.
  21-38        (b)  The Texas Natural Resource Conservation Commission has
  21-39  filed its recommendations relating to this Act with the governor,
  21-40  lieutenant governor, and speaker of the house of representatives
  21-41  within the required time.
  21-42        (c)  All requirements of the constitution and laws of this
  21-43  state and of the rules and procedures of the legislature with
  21-44  respect to the notice, introduction, and passage of this Act are
  21-45  fulfilled and accomplished.
  21-46        SECTION 7.02.  EXISTING COUNTIES, RIVER AUTHORITIES, AND
  21-47  UNDERGROUND WATER CONSERVATION DISTRICTS.  (a)  Notwithstanding any
  21-48  provision of this Act, this Act does not impair, limit, supersede,
  21-49  or alter the powers, rights, privileges, duties, functions, or
  21-50  jurisdiction of a river authority in existence on the effective
  21-51  date of this Act the territory of which comprises at least three
  21-52  counties and includes all or part of the district, except that such
  21-53  a river authority may not impose or apply any regulatory ordinance,
  21-54  rule, or regulation within the district without the agreement of
  21-55  the district.
  21-56        (b)  Notwithstanding any provision of this Act, this Act does
  21-57  not impair, limit, supersede, or alter the powers, rights,
  21-58  privileges, duties, functions, or jurisdiction of an underground
  21-59  water conservation district created under or governed by Chapter
  21-60  52, Water Code, or a county in existence on the effective date of
  21-61  this Act, the territory of which includes all or part of the
  21-62  district, except that such an underground water conservation
  21-63  district or county may not impose or apply without agreement of the
  21-64  district any regulatory ordinance, rule, or regulation within the
  21-65  district that:
  21-66              (1)  is inconsistent with the requirements of Sections
  21-67  3.01(c)(4) and 3.07(a) of this Act; or
  21-68              (2)  has not been adopted and approved by the board of
  21-69  directors of the underground water conservation district or
  21-70  commissioners court of the county, as applicable.
   22-1        SECTION 7.021.  Notwithstanding any other provision of this
   22-2  Act, this Act shall not limit, impair, supersede, or alter the
   22-3  powers, duties, rights, privileges, functions, or jurisdiction of a
   22-4  groundwater conservation district created under Section 59, Article
   22-5  XVI, Texas Constitution, in existence on the effective date of this
   22-6  Act that is composed in whole or in part of the territory of the
   22-7  district.
   22-8        SECTION 7.03.  EXISTING SERVICE.  A local government
   22-9  providing water, wastewater, drainage, or solid waste disposal
  22-10  service to an area within the district on January 1, 1995, shall
  22-11  continue to provide the service to all applicants for the service
  22-12  located within the local government's service area on January 1,
  22-13  1995.  If, on January 1, 1995, a contract exists that applies to a
  22-14  local government's provision of water, wastewater, drainage, or
  22-15  solid waste disposal service within the district, then the local
  22-16  government's obligation to provide service is governed by the
  22-17  contract during the contract's term.
  22-18        SECTION 7.04.  SEVERABILITY.  If any portion of this Act or
  22-19  the application of any portion of this Act to any person or set of
  22-20  circumstances is held by a court to be unconstitutional, void,
  22-21  invalid, or unenforceable, the validity of the remaining portions
  22-22  of this Act or the application of the challenged portion of the Act
  22-23  to other persons or sets of circumstances shall not be affected by
  22-24  the court's holding.  It is the intent of the legislature in
  22-25  adopting this Act that no portion of the Act become inoperative or
  22-26  fail by reason of the unconstitutionality or invalidity of any
  22-27  other portion of the Act.
  22-28        SECTION 7.05.  EMERGENCY.  The importance of this legislation
  22-29  and the crowded condition of the calendars in both houses create an
  22-30  emergency and an imperative public necessity that the
  22-31  constitutional rule requiring bills to be read on three several
  22-32  days in each house be suspended, and this rule is hereby suspended,
  22-33  and that this Act take effect and be in force from and after its
  22-34  passage, and it is so enacted.
  22-35                               * * * * *