77R15256 E
By Green H.B. No. 3684
Substitute the following for H.B. No. 3684:
By Walker C.S.H.B. No. 3684
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Hays County Water Control and
1-4 Improvement District No. 4.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A conservation and reclamation
1-7 district, to be known as the Hays County Water Control and
1-8 Improvement District No. 4, is created in Hays County, subject to
1-9 approval at a confirmation election under Section 10 of this Act.
1-10 The district is a governmental agency and a body politic and
1-11 corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Section 52, Article III, and Section 59,
1-14 Article XVI, Texas 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 Hays County Water Control and
1-21 Improvement District No. 4.
1-22 SECTION 3. BOUNDARIES. The district's boundaries are as
1-23 follows:
1-24 DESCRIPTION OF A 561.490 ACRE TRACT OF LAND OUT OF THE P. A. SMITH
2-1 SURVEY ABSTRACT NO. 415, HAYS COUNTY, TEXAS, BEING PART OF THAT
2-2 CERTAIN 538.03 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO M. K.
2-3 HAGE, JR. OF RECORD IN VOLUME 756, PAGE 369 OF THE REAL PROPERTY
2-4 RECORDS OF HAYS COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 22.61 ACRE
2-5 TRACT OF LAND AS DESCRIBED IN A DEED TO M. K. HAGE, JR. OF RECORD
2-6 IN VOLUME 744, PAGE 308 OF THE REAL PROPERTY RECORDS OF HAYS COUNTY
2-7 TEXAS, AND BEING PART OF THAT CERTAIN 25.885 ACRE TRACT OF LAND AS
2-8 DESCRIBED IN A DEED TO M. K. HAGE, JR. OF RECORD IN VOLUME 1152,
2-9 PAGE 839 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID
2-10 561.490 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
2-11 BOUNDS AS FOLLOWS:
2-12 BEGINNING at a 5/8-inch iron pin for the southeast corner of
2-13 Lot 4 of the Beulah Marie Needham Estate, a subdivision of record
2-14 in Book 2, Page 102 of the Plat Records of Hays County, Texas,
2-15 being also an ell corner in the north line of said 538.03 acre
2-16 tract and being the northeast corner of the herein described tract;
2-17 THENCE S 00 25'19" E, over and across said 538.03 acre tract
2-18 with the east line of the herein described tract, for a distance of
2-19 978.22 feet to a 3/4-inch iron pipe found for an ell corner in the
2-20 east line of said 538.03 acre tract and being the northwest corner
2-21 of that certain tract 4.0 acre tract of land as described in a deed
2-22 of record in Volume 439, Page 584 of the Real Property Records of
2-23 Hays County, Texas;
2-24 THENCE, S 01 39'49" E, at distance of 133.10 feet passing the
2-25 northeast corner of said 22.61 acre Hage Tract and continuing for a
2-26 total distance of 382.95 feet to a 5/8-inch iron pin found at the
2-27 northwest corner of that certain 1.28 acre tract of land described
3-1 in Volume 293, Page 174 of the Real Property Records of Hays
3-2 County, Texas;
3-3 THENCE, S 00 11'44" E, continuing along the east line of the
3-4 said 22.61 acre Hage Tract, for a distance of 1407.56 feet to a
3-5 1/2-inch iron pin found at the northwest corner of that certain
3-6 tract of land as described in a quitclaim deed to M.K. Hage, of
3-7 record in Volume 882, Page 772 of the Official Records of
3-8 Williamson County, Texas;
3-9 THENCE, S 00 11'42" E, continuing along the east line of said
3-10 0.32 acre tract, for a distance of 126.19 feet to a point for the
3-11 southeast corner of said 0.32 acre tract, being also the most
3-12 easterly southeast corner of the herein described tract, being in
3-13 the northerly line of Phillips Cemetery and being in the east line
3-14 of said 25.865 acre Hage Tract;
3-15 THENCE, along the east line of said 25.856 acre Hage Tract,
3-16 being along the north and west lines of Phillips Cemetery for the
3-17 following five (5) courses;
3-18 1. S 81 20'53" W for a distance of 298.05 feet to a chain
3-19 link fence post,
3-20 2. S 81 04'50" W for a distance of 209.95 feet to a 1/2-inch
3-21 iron pin found,
3-22 3. S 06 34'25" E for a distance of 426.96 feet to a 1/2-inch
3-23 iron pin found,
3-24 4. N 81 03'37" E for a distance of 209.74 feet to a chain
3-25 link fence post, and
3-26 5. S 05 50'59" E for a distance of 212.11 feet to a chain
3-27 link fence post at the southeast corner of the said 25.856 acre
4-1 Hage Tract, being at the southwest corner of Phillips Cemetery,
4-2 being in the north line of that certain 538.2 acre tract of land
4-3 described in Volume 391, Page 583 of the Real Property Records of
4-4 Hays County, Texas, for the southeast corner hereof;
4-5 THENCE, along the south line of the said 25.856 acre Hage
4-6 Tract, being along the north line of said 538.2 acre tract with the
4-7 meanders of a wire fence for the following four (4) courses:
4-8 1. S 89 48'00" W for a distance of 594.44 feet to a point,
4-9 2. S 89 48'00" W for a distance of 594.44 feet to a point,
4-10 3. S 89 44'46" W for a distance of 460.67 feet to a point,
4-11 and
4-12 4. S 89 44'23" W for a distance of 168.62 feet to a 1/2-inch
4-13 iron pin found at the southwest corner of the said 25.856 acre Hage
4-14 Tract and being at the most southerly southeast corner of the said
4-15 538.03 acre Hage Tract;
4-16 THENCE, along the south line of the said 538.03 acre Hage
4-17 Tract, being the north line of the said 538.2 acre tract for the
4-18 following three (3) courses:
4-19 1. S 89 45'27" W for a distance of 1358.36 feet to a
4-20 5/8-inch iron pin found,
4-21 2. S 89 41'19" W for a distance of 2500.06 feet to a
4-22 5/8-inch iron pin found, and
4-23 3. S 89 33'15" W for a distance of 1482.47 feet to a
4-24 5/8-inch iron pin fond at the southwest corner of the said 538.03
4-25 acre Hage Tract, being at the southeast corner of that certain
4-26 274.70 acre tract of land described in Volume 356, page 362 of the
4-27 Real Property Records of Hays County, Texas, for the southwest
5-1 corner hereof;
5-2 THENCE, along the west line of the said 538.03 acre Hage
5-3 Tract, being the east line of the said 274.70 acre tract, N
5-4 01 21'36" E for a distance of 2018.93 feet to a 5/8-inch iron pin
5-5 found at the northeast corner of the said 274.70 acre tract, being
5-6 at the southeast corner of that certain 105.54 acre tract of land
5-7 described in Volume 247, Page 581 of the Real Property Records of
5-8 Hays County, Texas;
5-9 THENCE, continuing along the west line of the said 538.03
5-10 acre Hage Tract, being the east line of the said 105.54 acre tract
5-11 for the following three (3) courses:
5-12 1. N 01 31'32" E for a distance of 1048.37 feet to a
5-13 1/4-inch iron pin found,
5-14 2. N 00 52'05" W for a distance of 229.49 feet to a 1/2-inch
5-15 iron pin found, and
5-16 3. N 00 44'52" W for a distance of 226.64 feet to a 1/2-inch
5-17 iron pin found at the northwest corner of the said 538.03 acre Hage
5-18 Tract, being at the southwest corner of that certain 386 acre tract
5-19 of land described in Volume 184, Page 597 of the Real Property
5-20 Records of Hays County, Texas, for the northwest corner hereof;
5-21 THENCE along the North line of said 538.03 acre Hage Tract,
5-22 being the South line of the said 386 acre tract for the following
5-23 four (4) courses:
5-24 1. S 78 05'25" E for a distance of 670.81 feet to a 1/2-inch
5-25 iron pin found in a tree,
5-26 2. N 88 37'13" E for a distance of 1628.60 feet to a
5-27 5/8-inch iron pin found,
6-1 3. N 84 55'00" E for distance of 1508.00 feet to a 5/8-inch
6-2 iron pin found, and
6-3 4. S 89 59'57" E for a distance of 640.96 feet to a 1/2-inch
6-4 iron pin set;
6-5 THENCE, continuing along the north line of said 538.03 acre
6-6 Hage Tract, N 89 01'03" E at approximately 100 feet passing the
6-7 approximate centerline of Archer's north Fork of Onion Creek and
6-8 continuing for a total distance of 971.30 feet to a 5/8-inch iron
6-9 pin found i the south line of Lot 4 of said Beulah Marie Needham
6-10 Estate Subdivision;
6-11 THENCE, continuing along the north line of said 538.03 acre
6-12 Hage Tract, being the south line of said Lot 4 for the following
6-13 three (3) courses;
6-14 1. N 09 19'15" E for a distance of 10.30 feet to a 5/8-inch
6-15 iron pin found,
6-16 2. N 89 05'12" E for a distance of 339.69 feet to a 1/2-inch
6-17 iron pin found, and
6-18 3. N 89 02'29" E for a distance of 1306.46 feet to the POINT
6-19 OF BEGINNING and containing 561.490 acres of land.
6-20 THIS DESCRIPTION WAS PREPARED FROM RECORD AND BASED ON THE PLAT OF
6-21 568.777 ACRES FOR THE M. K. HAGE JR. TRACT, PREPARED BY ROY D.
6-22 SMITH DATED JULY 1993.
6-23 SECTION 4. FINDINGS RELATED TO BOUNDARIES. The legislature
6-24 finds that the boundaries and field notes of the district form a
6-25 closure. A mistake in the field notes or in copying the field
6-26 notes in the legislative process does not affect the organization,
6-27 existence, or validity of the district, the right of the district
7-1 to issue bonds and impose taxes, or the legality or operation of
7-2 the district or its governing body.
7-3 SECTION 5. FINDING OF BENEFIT. All of the land and other
7-4 property included within the boundaries of the district will be
7-5 benefited by the works and projects that are to be accomplished by
7-6 the district under powers conferred by Section 59, Article XVI,
7-7 Texas Constitution. The district is created to serve a public use
7-8 and benefit.
7-9 SECTION 6. GENERAL POWERS. (a) The district has all of the
7-10 rights, powers, privileges, authority, functions, and duties
7-11 provided by the general law of this state, including Chapters 49
7-12 and 51, Water Code, applicable to water control and improvement
7-13 districts created under Section 59, Article XVI, Texas
7-14 Constitution.
7-15 (b) The district may provide parks and recreational
7-16 facilities for the people in the district, as provided by
7-17 Subchapter I, Chapter 54, Water Code.
7-18 (c) Subject to approval at an election under Sections
7-19 53.029(c) and (d), Water Code, the district has all of the rights
7-20 and powers of a road district.
7-21 (d) This Act prevails over any provision of general law that
7-22 is in conflict or inconsistent with this Act.
7-23 SECTION 7. ADMINISTRATIVE PROVISIONS. The district shall
7-24 comply with:
7-25 (1) Subchapter C, Chapter 51, Water Code, except as
7-26 specifically provided by this Act; and
7-27 (2) Chapter 49, Water Code, to the extent it does not
8-1 conflict with Chapter 51, Water Code.
8-2 SECTION 8. BOARD OF DIRECTORS. (a) The district is governed
8-3 by a board of five directors.
8-4 (b) Temporary directors serve until permanent directors are
8-5 elected under Section 10 of this Act.
8-6 (c) Permanent directors serve staggered four-year terms.
8-7 (d) Each director must qualify to serve as a director in the
8-8 manner provided by Section 49.055, Water Code.
8-9 (e) A director serves until the director's successor has
8-10 qualified.
8-11 SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board of
8-12 directors is composed of:
8-13 (1) Donald J. Finley;
8-14 (2) Michael McKinney;
8-15 (3) Colleen Rene Jackson;
8-16 (4) Thomas P. Flood; and
8-17 (5) George C. Davis, Jr.
8-18 (b) If a temporary director fails to qualify for office, the
8-19 temporary directors who have qualified shall appoint a person to
8-20 fill the vacancy. If at any time there are fewer than three
8-21 qualified temporary directors, the commission shall appoint the
8-22 necessary number of persons to fill all vacancies on the board.
8-23 SECTION 10. CONFIRMATION AND DIRECTORS' ELECTION. (a) The
8-24 temporary board of directors shall call and hold an election to
8-25 confirm the creation of the district and to elect five permanent
8-26 directors, as provided by Sections 49.101 and 49.102, Water Code,
8-27 and, if applicable, Section 49.104, Water Code.
9-1 (b) The confirmation and directors' election shall be
9-2 conducted as provided by the Election Code, except that Section
9-3 41.001(a), Election Code, does not apply to the election.
9-4 SECTION 11. ELECTION OF DIRECTORS. (a) Except as provided
9-5 by Section 10 of this Act, all directors' elections shall be held
9-6 in conformity with Section 49.103, Water Code.
9-7 (b) To be qualified for election as a director, a person
9-8 must:
9-9 (1) be a resident of the state;
9-10 (2) own land subject to taxation in the district; and
9-11 (3) be at least 18 years of age.
9-12 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
9-13 (a) The proper and legal notice of the intention to introduce this
9-14 Act, setting forth the general substance of this Act, has been
9-15 published as provided by law, and the notice and a copy of this Act
9-16 have been furnished to all persons, agencies, officials, or
9-17 entities to which they are required to be furnished by the
9-18 constitution and other laws of this state, including the governor,
9-19 who has submitted the notice and Act to the Texas Natural Resource
9-20 Conservation Commission.
9-21 (b) The Texas Natural Resource Conservation Commission has
9-22 filed its recommendations relating to this Act with the governor,
9-23 lieutenant governor, and speaker of the house of representatives
9-24 within the required time.
9-25 (c) All requirements of the constitution and laws of this
9-26 state and rules and procedures of the legislature with respect to
9-27 the notice, introduction, and passage of this Act are fulfilled and
10-1 accomplished.
10-2 SECTION 13. EFFECTIVE DATE. This Act takes effect
10-3 immediately if it receives a vote of two-thirds of all the members
10-4 elected to each house, as provided by Section 39, Article III,
10-5 Texas Constitution. If this Act does not receive the vote
10-6 necessary for immediate effect, this Act takes effect September 1,
10-7 2001.