By Shields                                            H.B. No. 1455
         77R4216 ATP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation, administration, powers, duties,
 1-3     operations, and financing of Cibolo Canyon Conservation and
 1-4     Improvement District No. 1; granting the authority to impose taxes
 1-5     and issue bonds; granting the power of eminent domain.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1. CREATION. (a)  A conservation and reclamation
 1-8     district, to be known as Cibolo Canyon Conservation and Improvement
 1-9     District No. 1, is created in Bexar County, subject to approval at
1-10     a confirmation election under Section 9 of this Act.
1-11           (b)  The district is created as a special district under and
1-12     is essential to accomplish the purposes of Section 52, Article III,
1-13     Section 52-a, Article III, and Section 59, Article XVI, Texas
1-14     Constitution.
1-15           SECTION 2. DEFINITIONS.  In this Act:
1-16                 (1)  "Board" means the board of directors of the
1-17     district.
1-18                 (2)  "Commission" means the Texas Natural Resource
1-19     Conservation Commission.
1-20                 (3)  "District" means the Cibolo Canyon Conservation
1-21     and Improvement District No. 1.
1-22                 (4)  "Improvement project" means any program or project
1-23     authorized by this Act, inside or outside the district, that is
1-24     necessary to accomplish the public purposes of the district.
 2-1           SECTION 3. BOUNDARIES.  The district includes approximately
 2-2     2,861.0294 acres in three tracts, to-wit:
 2-3                                 TRACT NO. 1
 2-4     1,817.4324 acres of land, Bexar County, Texas, consisting of
 2-5     1,623.189 acres, being 180.972 acres of land out of the Heirs of
 2-6     William Brisbin Survey No. 89 1/2, 67.620 acres of land out of the
 2-7     Rompel, Koch & Voges Survey No. 1, 929.031 acres of land out of the
 2-8     E. Martin Survey No. 89, 89.250 acres of land out of the El Paso
 2-9     Irrigation Co. Survey No. 92 1/10, 356.166 acres of land out of the
2-10     Adolpus Hernden Survey No. 478 1/3 and 0.150 of an acre out of the
2-11     E. Valdez Survey No. 478 1/2, Bexar County, Texas, and being all of
2-12     that certain 1,627.008 acre tract of land re-surveyed and found to
2-13     contain under monumentation 1,623.189 acres of land, conveyed by
2-14     J.J. McCullick, Trustee to Murray A. Winn, Jr., Thomas T. Winn and
2-15     Randal W. Winn by deed dated August 20, 1973 and recorded in Volume
2-16     7167 on pages 586-588 of the Deed Records of Bexar County, Texas,
2-17     and in all under fence 1,623.189 acres of land described more
2-18     particularly by metes and bounds as follows:
2-19     BEGINNING at an iron pin and corner post found in the East line of
2-20     Bulverde Road, for the Northwest corner of the above-described
2-21     1,627.008 acre tract, for the Northwest corner of the herein
2-22     described 1,623.189 acre tract;
2-23     THENCE with the fence, a North line of the 1,627.008 acre tract, N
2-24     87  50' 00" E. 5,988.85 feet to an iron pin set at a corner post,
2-25     for a re-entrant corner of the 1,627.009 acre tract, for a
2-26     re-entrant of this tract;
2-27     THENCE with the fence, the Southwest line of the 1,627.008 acre
 3-1     tract, N. 25  05' 12" W. 3, 406.40 feet to a 4" steel post and N.
 3-2     25  18' 04" W. 1,064.15 feet to an iron pin set at a corner post,
 3-3     for the West corner of the 1,627.008 acre tract, for the West
 3-4     corner of this tract;
 3-5     THENCE with the fence, the Northwest line of the 1,627.008 acre
 3-6     tract, N 53  31' 36" E. 2,026.43 feet to an iron pin found at a
 3-7     corner post, for the North corner of the 1,627.008 acre tract, for
 3-8     the North corner of this tract;
 3-9     THENCE with the fence, the Northeast line of the 1,627.008 acre
3-10     tract, S. 55  52' 24" E. 3,325.69 feet to an iron pin set at a 36"
3-11     Live Oak, S. 55  47' 33" E. 5,277.27 feet to a cedar post, and S.
3-12     51  41' 25" E. 244.53 feet to an iron pin found at a corner post,
3-13     for the Northeast corner of the 1,627.008 acre tract, for the
3-14     Northeast corner of this tract;
3-15     THENCE with the fence, the East line of the 1,627.008 acre tract,
3-16     S. 05  30' 33" E. 1,478.86 feet to a 24" Live Oak, S. 09  56' 00" E
3-17     382.42 feet to a 36" dead Live Oak, S. 00  10' 35" E. 1,193.13 feet
3-18     to a corner post, S 14  18' 24" W. 2,685.40 feet to a corner post
3-19     and S. 14  33' 47" W. 2,366.39 feet to an iron pin and corner post
3-20     found in the North line of Evans Road, for the Southeast corner of
3-21     the 1,627.008 acre tract, for the Southeast corner of this tract;
3-22     THENCE with the North line of Evans Road, the South line of the
3-23     1,627.008 acre tract, N. 78  46' 47" W. 2,659.16 feet to an iron
3-24     pin found and N. 69  59' 28" W. 42,27 feet to an iron pin and
3-25     corner post found for the Southwest corner of the 1,627.008 acre
3-26     tract, for the Southwest corner of this tract;
3-27     THENCE with the fence, the Southwest line of the 1,627.008 acre
 4-1     tract N. 24  59' 47" W. 1,274.56 feet to an iron pin found in
 4-2     concrete N. 25  06' 27" W. 450.07 feet to an iron pin found in
 4-3     concrete and N. 25  07' 30" W. 4,724.98 feet to an iron pin and
 4-4     corner post found for a re-entrant corner of the 1,627.008 acre
 4-5     tract, for a re-entrant corner of this tract;
 4-6     THENCE with the fence, a South line of the 1,627.008 acre tract, S.
 4-7     87  49' 00" W. 7,067.93 feet to an iron pin and corner post found
 4-8     in the East line of the aforesaid Bulverde Road, for a Southwest
 4-9     corner of the 1,627.008 acre tract, for the Southwest corner of
4-10     this tract;
4-11     THENCE with the fence, the East line of Bulverde Road, the West
4-12     line of 1,627.008 acre tract, N. 14  11' 23" W. 103.96 feet to an
4-13     iron pin found, N. 25  56' 24" W. 56.80 feet to an iron pin found,
4-14     N. 10  00' 38" E. 642.67 feet to an iron pin found, N. 31  37' 48"
4-15     E. 405.19 feet to an iron pin found and N. 43  18' 27" E. 284.98
4-16     feet to the place of beginning; and
4-17     A 194.2434 acre tract of land being a 133.662 acre tract and a 60
4-18     acre tract, recorded in Volume 5259, Page 713, of the Deed and Plat
4-19     Records of Bexar County, Texas all out of that 975 acre tract,
4-20     recorded in Volume 2649, Page 347, of the Deed and Plat Records of
4-21     Bexar County, Texas, said 975 acres being out of the William
4-22     Brisbin Survey No. 89-1/2, Abstract No. 54, County Block 4900; the
4-23     Rompel, Koch, and Voges Survey No. 1, Abstract No. 524, County
4-24     Block 4909; the El Paso Irrigation Co. Survey No. 92-1/10, Abstract
4-25     No. 845, County Block 4910, and the A. Herndon Survey No. 478-1/3,
4-26     County Block 4911, in Bexar County, Texas; said 194.2434 acre tract
4-27     being more particularly described as follows:
 5-1     BEGINNING:  At a found iron pin on the East ROW line of Bulverde
 5-2     Road; said iron pin being the southwest corner of a 201.755 acre
 5-3     tract of land recorded in Volume 5177, page 214 of the Deed and
 5-4     Plat Records of Bexar County, Texas, a point on the west line of
 5-5     said 975 acre tract and the northwest corner of this tract being
 5-6     described;
 5-7     THENCE:  N 87  49' 00" E 4111.86 feet along the south line of said
 5-8     201.755 acre tract to a set iron pin for the northeast corner of
 5-9     this tract being described;
5-10     THENCE:  S 17  48' 10" W 1026.39 feet to a set iron pin, an angle
5-11     point;
5-12     THENCE:  S 87  49' 00" W 480.00 feet to a set iron pin, an angle
5-13     point;
5-14     THENCE:  S 01  56' 52" E 2422.66 feet to a set iron pin, an angle
5-15     point;
5-16     THENCE:  S 58  24' 54" E 614.01 feet to a set iron pin in the north
5-17     ROW line of Bulverde Road for the most southerly corner of this
5-18     tract being described;
5-19     THENCE:  Along the North and East ROW lines of Bulverde Road the
5-20     following:
5-21     N 33  57' 26" W 50.98 feet to a fence post;
5-22     N 49  26' 48" W 130.00 feet to a fence post;
5-23     N 29  20' 31" W 98.42 feet to a fence post;
5-24     N 06  17' 36" W 473.07 feet to a fence post;
5-25     N 23  00' 14" W 59.06 feet to a fence post;
5-26     N 46  09' 34" W 84.28 feet to a fence post;
5-27     N 64  54' 41" W 432.50 feet to a fence post;
 6-1     N 71  51' 54" W 71.04 feet to a fence post;
 6-2     N 81  16' 59" W 371.73 feet to a fence post;
 6-3     N 85  52' 06" W 572.15 feet to a fence post;
 6-4     N 74  42' 04" W 149.88 feet to a fence post;
 6-5     N 32  10' 20" W 114.58 feet to a fence post;
 6-6     N 01  01' 25" W 98.11 feet to a fence post;
 6-7     N 29  30' 30" W 286.05 feet to a fence post;
 6-8     N 21  27' 47" W 357.98 feet to a fence post;
 6-9     N 31  38' 18" W 412.03 feet to a fence post;
6-10     N 22  38' 13" W 557.93 feet to a fence post;
6-11     N 46  32' 05" W 115.41 feet to a fence post;
6-12     N 65  46' 38" W 249.44 feet to a fence post;
6-13     N 39  34' 19" W 111.14 feet to a fence post;
6-14     N 14  12' 22" W 635.11 feet to the POINT OF BEGINNING containing
6-15     194.2434 acres.
6-16                                 TRACT NO. 2
6-17     Being 258.197 acres of land out of the Wm. W. Allen Survey No. 353,
6-18     Abstract 34, County Block 4866; the C. Vogel & F. Koch Survey No.
6-19     442, Abstract 984, County Block 4872A; the Rompel, Koch & Voges
6-20     Survey No. 1, Abstract 1020, County Block 4901; the Antonio Ruiz
6-21     Survey No. 448, Abstract 638, County Block 4898; the J.W. Esther
6-22     Survey No. 364, Abstract 219, County Block 4897; the E. Gonzalez
6-23     Survey No. 441, Abstract 288, County Block 4902; the W.M. Brisbin
6-24     Survey No. 89 1/2, Abstract 54, County Block 4900 and the C.A.
6-25     Rompel Survey No. 448, Abstract 1089, County Block 4880, Bexar
6-26     County, Texas and said 258.197 Acre Tract being the same tract of
6-27     land conveyed to Gill Savings Association by Deed in Lieu of
 7-1     Foreclosure recorded in Volume 4826, Pages 1552-1576 of the Deed
 7-2     Records of Bexar County, Texas and said 258.197 Acre Tract being
 7-3     more fully described as follows:
 7-4     BEGINNING at a found iron pin at an existing fence corner post on
 7-5     the east right-of-way line of Smithson Valley Road and being the
 7-6     northwest corner of a 1754.32 Acre Tract recorded in Volume 6967,
 7-7     Page 927 of the Deed Records of Bexar County, Texas also being the
 7-8     northwest corner of this tract;
 7-9     THENCE:  with the north line of the above mentioned 1754.32 Acre
7-10     Tract, the following:
7-11           N.  81  56' 58" E., 3,053.28 feet to an iron pin found at a
7-12     fence post for an angle point;
7-13           N.  81  56' 47" E., 6,664.34 feet to a fence post for an
7-14     angle point;
7-15           N.  82  06' 11" E., 4,387.57 feet to a fence post for an
7-16     angle point;
7-17           N.  85  11' 02" E., 1,051.00 feet to an iron pin found at a
7-18     fence corner post for an interior corner;
7-19           N.  12  36' 34" E., 550.49 feet to an iron pin found at a
7-20     fence corner post for an exterior corner;
7-21           S.  88  30' 33" E., 540.90 feet to an iron pin found for an
7-22     interior corner and being the south line of a 1249.70 Acre Tract;
7-23     THENCE:  N. 02  00' 48" W., 1.580.54 feet to an iron pin found for
7-24     the most northerly corner of this tract;
7-25     THENCE:  S. 29  43' 19" E., 2,024.00 feet to a fence post for a
7-26     corner;
7-27     THENCE:  with fence line the following:
 8-1     S. 68  21' 52" W., 12.37 feet to a fence post;
 8-2     S. 78  05' 05" W., 10.79 feet to an iron pin found;
 8-3     S. 77  48' 22" W., 54.36 feet to an iron pin found at a fence
 8-4     corner post;
 8-5     S. 01  44' 20"E., 87.63 feet to a fence corner post;
 8-6     S. 60  40' 25" E., 69.88 feet to a fence corner post on the south
 8-7     line of the aforementioned 1754.32 Acre Tract;
 8-8     THENCE:  with fence line along the south line of said 1754.32 Acre
 8-9     Tract the following:
8-10           S. 56  39' 48" W., 1,447.64 feet to an angle point;
8-11           S. 56  55' 59" W., 290.63 feet to an angle point;
8-12           S. 56  38' 48" W., 1,414.12 feet to an angle point;
8-13           S. 56  38' 33" W., 2,874.22 feet to a fence corner post for
8-14     the southwest corner of this tract;
8-15     THENCE:  leaving the south line of said 1754.32 Acre Tract and with
8-16     fence line the following:
8-17     N. 41  18' 08" W., 275.69 feet to a fence post;
8-18     N. 56  01' 07" W., 246.81 feet to a fence post;
8-19     N. 30  11' 39" W., 756.76 feet to a fence post;
8-20     N. 18  09' 39" W., 541.29 feet to an iron pin found;
8-21     N. 18  06' 15" W., 213.89 feet to a fence corner post;
8-22     S. 83  04' 23" W., 291.96 feet to a fence corner post;
8-23     N. 34  59' 36" W., 140.19 feet to a fence corner post;
8-24     N. 79  49' 47" W., 272.95 feet to a fence corner post;
8-25     N. 29  28' 15" W., 204.10 feet to an iron pin found;
8-26     N. 28  30' 33" W., 384.05 feet to an iron pin found for an interior
8-27     corner of this tract;
 9-1     THENCE:  60.00 feet south and parallel to the north line of said
 9-2     1754.32 Acre Tract the following:
 9-3     S. 81 , 56', 47" W., 6,684.18 feet to a Railroad spike found;
 9-4     S. 81 , 56', 58" W., 3,076.80 feet to an iron pin found on the east
 9-5     right-of-way line of Smithson Valley Road for a corner of this
 9-6     tract;
 9-7     THENCE:  N. 11  11' 00" E., 63.60 feet along the east right-of-way
 9-8     line of Smithson Valley Road to the POINT OF BEGINNING and
 9-9     containing 258.197 acres of land more or less.
9-10                                 TRACT NO. 3
9-11     A 785.4 acres, or 34,210,000 square feet, tract of land being the
9-12     remainder of that 927.064 acre tract described in deed from Henry
9-13     Van de Walle et al to Dan F. Parman in Volume 3089, Page 1393-1399
9-14     of the Official Public Records of Real Property of Bexar County,
9-15     Texas, and conveyed to Peter Wolverton in Volume 5382, Page 756-764
9-16     of the Official Public Records of Real Property of Bexar County,
9-17     Texas out of the E. Martin Survey 89, Abstract 524, County Block
9-18     4909, the E. Gonzales Survey 441, Abstract 288, County Block 4902,
9-19     the Salvador Flores Survey No. 440, Abstract 243, County Block
9-20     4907, the Jil Jimenez Survey 358, Abstract 821 (Bexar) 682 (Comal),
9-21     County Block 4905, the W. H. Hughes Survey No. 478, Abstract 345
9-22     (Bexar) 364 (Comal), County Block 4906, and the F. Valdez Survey
9-23     No. 478 1/2, Abstract 787, County Block 4908, in Bexar and Comal
9-24     Counties, Texas.  Said 785.4 acres being more particularly
9-25     described as follows:
9-26     BEGINNING:  at a set 1/2" iron rod with yellow cap marked
9-27     "Pape-Dawson" at the southernmost corner of this tract, on the
 10-1    south line of said 927.064 acre tract, at the southwest corner of a
 10-2    99.900 acre tract out of said 927.064 acre tract, the southwest
 10-3    corner of said 99.900 acre tract and said 927.064 acre tract being
 10-4    S 64 40'20" E, a distance of 780.00 feet to a found 1/2" iron rod,
 10-5    S 65 48'16" E, a distance of 1696.16 feet to a found 1/2" iron rod;
 10-6    THENCE:  Along and with the south line of said 927.064 acre tract
 10-7    the following calls and distances:
 10-8          N 65 40'20"W, at 29.25 feet passing the northeast corner of a
 10-9    51.788 acre tract conveyed to John B. Webb in Volume 7002, Page
10-10    658-682 of the Official Public Records of Real Property of Bexar
10-11    County, Texas, and continuing with the south line of said 927.064
10-12    acre tract for a total distance of 1636.13 feet to a found 1/2"
10-13    iron rod;
10-14          N 49 15'20"W, a distance of 1274.99 feet to a found 1/2" iron
10-15    rod at the northwest corner of said 51.788 acre tract, the
10-16    northeast corner of a 1394.189 acre tract conveyed to Lumbermans
10-17    Investment Corporation in Volume 5792, Page 1701-1709 of the
10-18    Official Public Records of Real Property of Bexar County, Texas by
10-19    deed N 50 51'38" W, 1276.71 feet;
10-20          N 50 09'55"W, a distance of 253.64 feet to a found 1/2" iron
10-21    rod, by deed N 51 46'13"W, 246.49 feet;
10-22    N 54 11'40"W, a distance of 5267.86 feet to a found 1/2" iron rod
10-23    in a 30" Live Oak, by deed N 55 47'33" W, 5276.83 feet;
10-24          N 54 16'26"W, a distance of 3325.13 feet to a found 1/2" iron
10-25    rod at the southwest corner of the said 927.064 acres, the
10-26    northwest corner of said 1394.189 acre tract, on the southeast line
10-27    of a 1350.297 acre tract conveyed to the Poerner Family Partnership
 11-1    in Volume 4869, Page 292-312 of the Official Public Records of Real
 11-2    Property of Bexar County, Texas, by deed N 55 52'19" W, 3325.35
 11-3    feet;
 11-4    THENCE:  N 54 59'55"E, a distance of 2448.93 feet to a found 1/2"
 11-5    iron rod at the northwest corner of said 927.064 acre tract, by
 11-6    deed N 53 24'02" E, 2449.06 feet;
 11-7    THENCE:  Continuing with the north line of said 927.064 acre tract
 11-8    the following calls and distances:
 11-9          S 41 19'21"E, a distance of 1536.97 feet to a found 1/2" iron
11-10    rod, by deed S 42 55'36" E, 1536.87 feet;
11-11          N 79 13'24"E, a distance of 849.81 feet to a found 1/2" iron
11-12    rod, by deed N 77 37'30" E, 849.79 feet;
11-13          S 80 58'59"E, a distance of 1577.28 feet to a found 1/2" iron
11-14    rod in 18" Cedar, by deed S 82 36'03"E, 1577.43 feet;
11-15          S 19 36'38"E, a distance of 238.56 feet to a found 1/2" iron
11-16    rod in 17" Cedar, by deed S 21 16'00"E, 238.76 feet;
11-17          S 31 12'31"E, a distance of 408.74 feet to a found 1/2" iron
11-18    rod in 20" Cedar, by deed S 32 46'48"E, 408.62 feet;
11-19    THENCE:  S 38 28'19"E, a distance of 513.61 feet to a found 1/2"
11-20    iron rod at the north corner of a 7.312 acre tract conveyed to John
11-21    L. and Mary H. McClung in Volume 6934, Page 826-829 of the Official
11-22    Public Records of Real Property of Bexar County, Texas, the north
11-23    corner of that 40.955 acre tract out of said 927.064 acre tract
11-24    conveyed to John O. Spice in Volume 6932, Page 279-286 of the
11-25    Official Public Records of Real Property of Bexar County, Texas;
11-26    THENCE:  Along and with the south line of said 40.955 acre tract
11-27    the following calls and distances:
 12-1          S 76 31'41"W, a distance of 408.43 feet to a set 1/2" iron
 12-2    rod with cap marked "Pape-Dawson", by deed S 74 57'31"W, 408.99
 12-3    feet;
 12-4          S 09 28'05"E, a distance of 244.99 feet to a found 1/2" iron
 12-5    rod, by deed S 11 10'57"E, 245.63 feet;
 12-6          S 44 28'05"E, a distance of 310.27 feet to a found 1/2" iron
 12-7    rod, by deed S 46 10'57" E, a distance of 310.00 feet;
 12-8          S 59 36'52"E, a distance of 289.82 feet to a found 1/2" iron
 12-9    rod, by deed S 61 10'57" E, 290.07 feet;
12-10          S 88 19'58"E, a distance of 1558.63 feet to a found 1/2" iron
12-11    rod, by deed East 1558.42 feet;
12-12          S 66 02'47"E, a distance of 318.27 feet to a found 1/2" iron
12-13    rod, by deed S 67 40'05" E, 318.43 feet;
12-14          S 88 18'36"E, a distance of 895.37 feet to a found 1/2" iron
12-15    rod, by deed East 894.76 feet;
12-16          N 74 47'26"E, a distance of 418.72 feet to a found 1/2" iron
12-17    rod, bent, by deed N 73 10'20"E, 417.94 feet;
12-18          S 88 07'27"E, at 626 feet passing the centerline of the
12-19    Cibolo Creek and continuing for a total distance of 954.80 feet to
12-20    a found 1/2" iron rod at the southeast corner of said 40.955 acre
12-21    tract, on the east line of said 927.064 acre tract;
12-22    THENCE:  Along and with the east line of said 927.064 acre tract
12-23    the following calls and distances:
12-24          S 16 12'32"E, a distance of 527.73 feet to a set 1/2" iron
12-25    rod with cap marked "Pape-Dawson" in the centerline of said Cibolo
12-26    Creek, by deed S 17 50'29" E;
12-27    THENCE:  S 63 21'01"E, a distance of 311.99 feet to a set 1/2" iron
 13-1    rod with cap marked "Pape-Dawson" on the northeast corner of the
 13-2    said E. Martin Survey, on the south line of the said W.H. Hughes
 13-3    Survey 478, from which a 60" Live Oak bears N 43 E, a distance of
 13-4    32.6 feet (11 3/4 varas) called a double 20" Live Oak in the deed
 13-5    of 392.0 acres from Dierks to 4D Bar Ranch recorded in Document
 13-6    98-06026868 of the Official Records of Comal County, by deed
 13-7    S63 15'29"E, 328.78 feet;
 13-8    THENCE:  S 10 13'15"E, along and with the west line of said 392.0
 13-9    acres, called as southerly line of the Joseph Thompson Survey 758,
13-10    a distance of 2453.77 feet to a set 1/2" iron rod with cap marked
13-11    "Pape-Dawson" in the centerline of the Cibolo Creek, the northeast
13-12    corner of the aforementioned 99.900 acre tract, by deed S
13-13    11 45'29"E;
13-14    THENCE:  Along and with the north and west line of said 99.900 acre
13-15    tract the following calls and distances:
13-16          S 79 50'41" W, a distance of 1149.13 feet to a set 1/2" iron
13-17    rod with cap marked "Pape-Dawson", by deed S78 14'31"W, 1150.73
13-18    feet;
13-19    S 08 48'58" W, a distance of 1577.45 feet to a set 1/2" iron rod
13-20    with cap marked "Paper-Dawson", by deed S 07 12'48" W, 1577.45
13-21    feet;
13-22    THENCE:  S 24 18'58"W, a distance of 249.84 feet, by deed S
13-23    22 42'48" W, 250.00 feet, to the POINT OF BEGINNING and containing
13-24    785.4 acres in Bexar County, Texas.  Said tract being described in
13-25    accordance with a survey made on the ground and a survey map
13-26    prepared by Pape-Dawson Engineers, Inc.
13-27          SECTION 4. FINDINGS RELATED TO BOUNDARIES.  The legislature
 14-1    finds that the boundaries and field notes of the district form a
 14-2    closure.  A mistake in the field notes or in copying the field
 14-3    notes in the legislative process does not affect the organization,
 14-4    existence, or validity of the district, the right of the district
 14-5    to levy and collect taxes, or the legality or operation of the
 14-6    district or its governing body.
 14-7          SECTION 5.  FINDING OF BENEFIT. All of the land and other
 14-8    property included within the boundaries of the district will be
 14-9    benefited by the works and projects that are to be accomplished by
14-10    the district under the powers conferred by Section 52, Article III,
14-11    Section 52-a, Article III, and Section 59, Article XVI, Texas
14-12    Constitution.  The district is created to serve a public use and
14-13    benefit.
14-14          SECTION 6. GENERAL POWERS. (a)  The district has all of the
14-15    powers and duties provided by the general law of this state,
14-16    including:
14-17                (1)  Chapters 49, 51, and 54, Water Code;
14-18                (2)  Subchapters E, F, and G, Chapter 375, Local
14-19    Government Code;
14-20                (3)  Subchapters D, E, and F, Chapter 383, Local
14-21    Government Code;
14-22                (4)  Chapter 380, Local Government Code, and Chapter
14-23    1509, Government Code, as if the district were a municipality to
14-24    which those chapters apply; and
14-25                (5)  the general laws of the state on road districts
14-26    and road utility districts created under Section 52, Article III,
14-27    Texas Constitution, and on conservation and reclamation districts
 15-1    created under Section 59, Article XVI, Texas Constitution.
 15-2          (b)  The district may impose ad valorem taxes, sales and use
 15-3    taxes, hotel occupancy taxes, assessments, and impact fees and
 15-4    apply the proceeds of the taxes, assessments, or fees to the
 15-5    payment of debt, to contract payments, or to maintenance and
 15-6    operating expenses.
 15-7          (c)  This Act shall be liberally construed in conformity with
 15-8    the legislative findings and purposes set forth in this Act.
 15-9          (d)  If any provision of the general law is in conflict or
15-10    inconsistent with this Act, this Act prevails.  Any general law
15-11    which supplements the power and authority of the district, to the
15-12    extent not in conflict or inconsistent with the Act, is adopted and
15-13    incorporated by reference.
15-14          SECTION 7. BOARD OF DIRECTORS. (a)  The district is governed
15-15    by a board of five directors.
15-16          (b)  Temporary directors serve until initial permanent
15-17    directors are elected under Section 9 of this Act.
15-18          (c)  Initial permanent directors serve until permanent
15-19    directors are elected under Section 10 of this Act.
15-20          (d)  Permanent directors other than initial permanent
15-21    directors serve staggered four-year terms.
15-22          (e)  Each director must qualify to serve as director in the
15-23    manner provided by Section 49.055, Water Code.
15-24          (f)  A director serves until the director's successor has
15-25    qualified.
15-26          SECTION 8. TEMPORARY DIRECTORS. (a)  The temporary board of
15-27    directors is composed of:
 16-1                (1)  M. Paul Martin;
 16-2                (2)  Carey R. Troell;
 16-3                (3)  Sidney H. Swearingen;
 16-4                (4)  Doris M. Alderman; and
 16-5                (5)  Sandra Johnston.
 16-6          (b)  If a temporary director fails to qualify for office, the
 16-7    temporary directors who have qualified shall appoint a person to
 16-8    fill the vacancy.  If at any time there are fewer than three
 16-9    qualified temporary directors, the commission shall appoint the
16-10    necessary number of persons to fill all vacancies on the board.
16-11          SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. The
16-12    temporary board of directors shall call and hold an election to
16-13    confirm establishment of the district and to elect five initial
16-14    directors as provided by Chapter 49, Water Code.
16-15          SECTION 10. ELECTION OF DIRECTORS.  On the first Saturday in
16-16    May of the fourth year after the year in which the confirmation
16-17    election is held, an election shall be held in the district for the
16-18    election at large of two directors to serve two-year terms and
16-19    three directors to serve four-year terms.  Thereafter, on the first
16-20    Saturday in May of each subsequent second year, the appropriate
16-21    number of directors shall be elected to the board.
16-22          SECTION 11.  SPECIFIC POWERS AND LIMITATIONS.  (a)  The
16-23    district may conduct or authorize the following improvement
16-24    projects:
16-25                (1)  the planning, design, construction, improvement,
16-26    and maintenance of:
16-27                      (A)  landscaping;
 17-1                      (B)  highway right-of-way or transit corridor
 17-2    beautification and improvements;
 17-3                      (C)  lighting, banners, and signs;
 17-4                      (D)  streets or sidewalks;
 17-5                      (E)  hiking and cycling paths and trails,
 17-6    pedestrian walkways, skywalks, crosswalks, or tunnels;
 17-7                      (F)  parks, trails, lakes, gardens, recreational
 17-8    facilities, open space, scenic areas, and related exhibits and
 17-9    preserves;
17-10                      (G)  fountains, plazas, and pedestrian malls; and
17-11                      (H)  drainage or storm water detention
17-12    improvements;
17-13                (2)  the planning, design, construction, improvement,
17-14    maintenance, and operation of:
17-15                      (A)  solid waste, water, sewer, or power
17-16    facilities or services, including electrical, gas, steam, and
17-17    chilled water facilities;
17-18                      (B)  off-street parking facilities, bus
17-19    terminals, heliports, mass-transit, and roadway-borne or
17-20    water-borne transportation and people-mover systems; or
17-21                      (C)  golf courses or other recreational
17-22    facilities;
17-23                (3)  the planning and acquisition of:
17-24                      (A)  public art and sculpture and related
17-25    exhibits and facilities; and
17-26                      (B)  educational and cultural exhibits and
17-27    facilities;
 18-1                (4)  the planning, design, construction, acquisition,
 18-2    lease, rental, improvement, maintenance, installment, and
 18-3    management of and provision of furnishings for facilities for:
 18-4                      (A)  conferences, conventions, or exhibitions;
 18-5                      (B)  manufacturer, consumer, or trade shows;
 18-6                      (C)  civic, community, or institutional events;
 18-7    and
 18-8                      (D)  exhibits, displays, attractions, special
 18-9    events, and seasonal or cultural celebrations and holidays;
18-10                (5)  the removal, razing, demolition, or clearing of
18-11    land or improvements in connection with any improvement project;
18-12                (6)  the acquisition and improvement of land and other
18-13    property for the mitigation of the environmental effects of any
18-14    improvement project;
18-15                (7)  the acquisition of real or personal property or an
18-16    interest in real or personal property in connection with an
18-17    authorized improvement project;
18-18                (8)  any special or supplemental services for the
18-19    improvement and promotion of the district or the areas adjacent to
18-20    the district or for the protection of public health and safety
18-21    within or adjacent to the district, including advertising,
18-22    promotion, tourism, health and sanitation, public safety, security,
18-23    fire protection or emergency medical services, business
18-24    recruitment, development, elimination of traffic congestion, and
18-25    recreational, educational, or cultural improvements, enhancements,
18-26    and services; and
18-27                (9)  any similar public improvements, facilities, or
 19-1    services.
 19-2          (b)  Only the rights, powers, privileges, authority,
 19-3    functions, and duties of the district with respect to the retail
 19-4    provision of water or sewer services are subject to the continuing
 19-5    right of supervision of the state to be exercised by and through
 19-6    the commission.
 19-7          (c)  The district may:
 19-8                (1)  borrow money for district purposes;
 19-9                (2)  add or exclude territory in the manner provided by
19-10    Subchapter H, Chapter 54, Water Code;
19-11                (3)  enter into a contract with any person to
19-12    accomplish any of the district's purposes including a contract for
19-13    the payment, repayment, or reimbursement, from tax proceeds or any
19-14    other specified source of funds, of any costs and reasonable
19-15    carrying costs incurred by that person for or on behalf of the
19-16    district, including all or part of the costs of any improvement
19-17    project;
19-18                (4)  apply for and contract with any person to receive,
19-19    administer, and perform the district's duties and obligations under
19-20    any federal, state, local, or private gift, grant, loan,
19-21    conveyance, or other financial assistance arrangement relating to
19-22    the investigation, planning, analysis, study, design, acquisition,
19-23    construction, improvement, completion, implementation, or operation
19-24    by the district or others of an improvement project or a proposed
19-25    improvement project;
19-26                (5)  adopt, amend, and enforce by ordinary civil
19-27    remedies reasonable rules:
 20-1                      (A)  for the administration and operation of the
 20-2    district;
 20-3                      (B)  for the use, enjoyment, availability,
 20-4    protection, security, and maintenance of the district's properties
 20-5    and facilities; and
 20-6                      (C)  to provide for public safety and security in
 20-7    the district;
 20-8                (6)  establish, revise, repeal, enforce, collect, and
 20-9    apply the proceeds from user fees or charges for the enjoyment,
20-10    sale, rental, or other use of the district's facilities, services,
20-11    properties, or improvement projects;
20-12                (7)  by a lease, lease-purchase agreement, installment
20-13    purchase contract, or other agreement with any person, or by the
20-14    imposition or assessment of a tax, user fee, concession, rental, or
20-15    other revenue or resource of the district, provide for or secure
20-16    the payment or repayment of:
20-17                      (A)  the costs and expenses of the establishment,
20-18    administration, and operation of the district;
20-19                      (B)  the district's costs or share of the costs
20-20    or any improvement project; or
20-21                      (C)  the district's contractual obligations or
20-22    indebtedness; and
20-23                (8)  undertake separately or jointly with other persons
20-24    all or part of the costs of an improvement project, including a
20-25    project:
20-26                      (A)  for improving, enhancing, or supporting
20-27    public safety and security, fire protection or emergency medical
 21-1    services, or law enforcement within and adjacent to the district;
 21-2    or
 21-3                      (B)  that confers a general benefit on the entire
 21-4    district and the areas adjacent to the district or a special
 21-5    benefit on a definable part of the district.
 21-6          (d)  In every third year during the period a sales and use
 21-7    tax is imposed, the board shall apply an annual average of 10
 21-8    percent of the net proceeds of the tax collected, after deduction
 21-9    of general and administrative costs of the district and of the
21-10    costs and expenses of imposing the tax, toward mitigation of the
21-11    effects of development on areas in or adjacent to the district.
21-12    Effects of development the district shall mitigate under this
21-13    subsection include effects on public utilities, public services,
21-14    public transportation, traffic movement, and scenic or aesthetic
21-15    beauty.
21-16          (e)  The district may not employ peace officers.
21-17          (f)  The district may contract for off-duty peace officers to
21-18    provide public safety and security services in connection with a
21-19    special event, holiday, period with high traffic congestion, or
21-20    similar circumstance.
21-21          (g)  The board by rule may regulate the private use of public
21-22    roadways, open spaces, parks, sidewalks, and similar public areas.
21-23    To the extent the rules of the district conflict with a rule,
21-24    order, ordinance, or regulation of a county or municipality with
21-25    jurisdiction in the district's territory, the rule, order,
21-26    ordinance, or regulation of the county or municipality controls.
21-27    The rules may provide for the safe and orderly use of public
 22-1    roadways, open spaces, parks, sidewalks, and similar public areas
 22-2    or facilities.
 22-3          (h)  The board may require a permit for a parade,
 22-4    demonstration, celebration, entertainment event, or similar
 22-5    nongovernmental activity in or on the public roadways, open spaces,
 22-6    parks, sidewalks, and similar public areas or facilities.  The
 22-7    board may charge a fee for the permit application and for public
 22-8    safety or security services in an amount the board considers
 22-9    necessary.
22-10          (i)  The board may require a permit or franchise agreement
22-11    with a vendor, concessionaire, exhibitor, or similar private or
22-12    commercial person or organization for the limited use of the area
22-13    or facilities on terms and conditions and on payment of a permit or
22-14    franchise fee the board may impose.
22-15          (j)  The board may employ and establish the terms of
22-16    employment and compensation of a president, vice president,
22-17    executive director, general manager, and any other operating
22-18    officer of the district the board considers necessary.
22-19          SECTION 12.  CONTRACTS WITH DISTRICT.  The district may
22-20    contract with a city, county, other political subdivision,
22-21    corporation, or other person to carry out the purposes of this Act
22-22    on the terms and conditions and for a period of time as the board
22-23    may determine.  Notwithstanding any other law or charter provision,
22-24    a state agency, city, county, other political subdivision,
22-25    corporation, individual, or other person may contract with the
22-26    district to carry out the purposes of this Act without any further
22-27    authorization.
 23-1          SECTION 13.  PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.  (a)
 23-2    A municipality in whose extraterritorial jurisdiction the district
 23-3    is located may not adopt an ordinance or resolution or take any
 23-4    other action that:
 23-5                (1)  impairs the ability of the district to exercise
 23-6    its powers under this Act; or
 23-7                (2)  limits the ability of the district to finance,
 23-8    construct, or operate its water, wastewater, or drainage systems,
 23-9    or other improvements authorized by this Act.
23-10          (b)  The district and a municipality with extraterritorial
23-11    jurisdiction may enter into development agreements concerning  the
23-12    development and annexation of the property within the district.
23-13          SECTION 14.  ANNEXATION.  (a)  In the absence of a
23-14    development agreement under Section 13(b) of this Act, the district
23-15    may be annexed by a municipality on the earlier of:
23-16                (1)  the date of installation of 90 percent of all
23-17    works, improvements, facilities, plants, equipment, and appliances
23-18    necessary and adequate to:
23-19                      (A)  provide service to the proposed development
23-20    within the district;
23-21                      (B)  accomplish the purposes for which the
23-22    district was created; and
23-23                      (C)  exercise the powers provided by the general
23-24    law of this state and this Act; or
23-25                (2)  the 20th anniversary of the date the district is
23-26    confirmed.
23-27          (b)  Unless otherwise provided in a development agreement,
 24-1    the district may add or exclude land or divide into two or more
 24-2    districts, in the manner provided by Chapter 49 and Subchapter O,
 24-3    Chapter 51, Water Code, without the consent of any municipality.
 24-4          SECTION 15.  REIMBURSEMENT TO LANDOWNER OR DEVELOPER;
 24-5    INSTALLATION OF FACILITIES.  Unless otherwise provided in a
 24-6    development agreement, if a municipality in whose extraterritorial
 24-7    jurisdiction the district is located annexes the district for full
 24-8    or limited purposes and the annexation precludes or impairs the
 24-9    ability of the district to issue bonds, the municipality shall:
24-10                (1)  simultaneously with the annexation, pay in cash to
24-11    the landowner or developer of the district a sum equal to all
24-12    actual costs and expenses incurred by the landowner or developer in
24-13    connection with the district that the district has, in writing,
24-14    agreed to pay; and
24-15                (2)  after the annexation, install all necessary water,
24-16    wastewater, and drainage facilities to serve full development
24-17    within the district.
24-18          SECTION 16.  LIMITED SALES AND USE TAX.  (a)  Words and
24-19    phrases used in this section that are defined by Chapter 151 or
24-20    321, Tax Code, have the meanings assigned by Chapter 151 or 321,
24-21    Tax Code.
24-22          (b)  Except as otherwise provided in this section, Subtitles
24-23    A and B, Title 2, and Chapter 151, Tax Code, apply to the taxes and
24-24    to the administration and enforcement of the taxes imposed by the
24-25    district in the same manner that those laws apply to state taxes.
24-26          (c)  The district may adopt or repeal the limited sales and
24-27    use tax authorized by this section at an election in which a
 25-1    majority of the qualified voters of the district voting in the
 25-2    election approve the adoption or abolition of the tax, as
 25-3    applicable.
 25-4          (d)  The provisions of Subchapters C, D, E, and F, Chapter
 25-5    323, Tax Code, relating to county sales and use taxes apply to the
 25-6    application, collection, and administration of a sales and use tax
 25-7    imposed under this Act to the extent consistent with this Act and
 25-8    as if references in Chapter 323, Tax Code, to a county referred to
 25-9    the district and references to a commissioners court referred to
25-10    the board.  Sections 323.401-323.404 and 323.505, Tax Code, do not
25-11    apply to a tax imposed under this Act.
25-12          (e)  A tax imposed under this Act or the repeal or reduction
25-13    of a tax under this Act takes effect on October 1 after the
25-14    expiration of the first complete calendar quarter occurring after
25-15    the date on which the comptroller receives the notice required by
25-16    Section 323.405(b), Tax Code, or Subsection (i) of this section.
25-17          (f)  On adoption of the tax authorized by this Act, there is
25-18    imposed a tax on the receipts from the sale at retail of taxable
25-19    items within the district at the rate of not to exceed one percent,
25-20    as well as an excise tax on the use, storage, or other consumption
25-21    within the district of taxable items purchased, leased, or rented
25-22    from a retailer during the period that the tax is effective within
25-23    the district.  The rate of the excise tax is the same as the rate
25-24    of the sales tax portion of the tax and is applied to the sales
25-25    price of the taxable item.  With respect to a taxable service,
25-26    "use" means the derivation in the district of direct or indirect
25-27    benefit from the service.
 26-1          (g)  An election to authorize or repeal a limited sales and
 26-2    use tax may be called by order of the board and must be held on the
 26-3    next available uniform election date established by Section 41.001,
 26-4    Election Code, that occurs 45 or more days after the date on which
 26-5    the order calling the election was passed.  Notice of the election
 26-6    shall be given and the election shall be held and conducted in the
 26-7    manner prescribed by Chapter 54, Water Code, for bond elections for
 26-8    municipal utility districts.  The ballots shall be printed to
 26-9    provide for voting for or against the proposition:  "Adoption of a
26-10    ____ percent district sales and use tax within the district" or
26-11    "Abolition of the district sales and use tax within the district,"
26-12    as appropriate.
26-13          (h)  If all or part of the territory of the district is
26-14    annexed by a municipality which has adopted and is imposing a sales
26-15    and use tax, the sales and use tax imposed by the district in the
26-16    annexed territory shall be reduced, if required, in even multiples
26-17    of one-eighth percent, and without the necessity for an election,
26-18    so that the combined rate of all sales and use taxes imposed by the
26-19    county, the annexing municipality, and all other political
26-20    subdivisions within the annexed territory of the district will not
26-21    exceed two percent, provided that a sales and use tax previously
26-22    adopted by the district for the annexed territory shall not be
26-23    reduced to less than one-half percent, and provided further that no
26-24    reduction of the district's sales and use tax in the portions of
26-25    the district not so annexed shall be required.
26-26          (i)  A tax imposed under this Act or the repeal of a tax
26-27    under this Act takes effect on the first day of the calendar
 27-1    quarter occurring after the date on which the comptroller receives
 27-2    the notice required by Section 323.405(b), Tax Code, or this
 27-3    section.
 27-4          (j)  Not later than the 10th day after the date of the
 27-5    annexation or exclusion of territory by the district or the
 27-6    annexation of all or part of the territory of the district by a
 27-7    municipality requiring a reduction of the district's sales and use
 27-8    tax, as provided by Subsection (h) of this section, the board shall
 27-9    send to the comptroller by United States certified or registered
27-10    mail certified copies of all resolutions, orders, or ordinances
27-11    pertaining to the annexation or exclusion of the territory by a
27-12    district or municipality.
27-13          SECTION 17.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
27-14    (a)  The proper and legal notice of the intention to introduce this
27-15    Act, setting for the general substance of this Act, has been
27-16    published as provided by law, and the notice and a copy of this Act
27-17    have been furnished to all persons, agencies, officials, or
27-18    entities to which they are required to be furnished by the
27-19    constitution and other laws of this state, including the governor,
27-20    who has submitted the notice and the Act to the commission.
27-21          (b)  The commission has filed its recommendations relating to
27-22    the Act with the governor, the lieutenant governor, and the speaker
27-23    of the house of representatives within the required time.
27-24          (c)  All requirements of the constitution and laws of this
27-25    state and the rules and procedures of the legislature with respect
27-26    to the notice, introduction, and passage of this Act are fulfilled
27-27    and accomplished.
 28-1          SECTION 18.  EFFECTIVE DATE. This Act takes effect
 28-2    immediately if it receives a vote of two-thirds of all the members
 28-3    elected to each house, as provided by Section 39, Article III,
 28-4    Texas Constitution.  If this Act does not receive the vote
 28-5    necessary for immediate effect, this Act takes effect September 1,
 28-6    2001.