By Green H.B. No. 3684 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to creation and to the administration, powers, duties, 1-3 operation and financing of 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. Hays County Water Control and 1-7 Improvement District No. 4 (the "District"), is hereby created in 1-8 Hays County, subject to approval at a confirmation election under 1-9 Section 9 of this Act. The District is created as a special 1-10 district pursuant to and is essential to accomplish the purposes of 1-11 Article III, Section 52 and Article XVI, Section 59 of the Texas 1-12 Constitution. 1-13 SECTION 2. DEFINITIONS. In this Act, 1-14 (1) "Board" means board of directors of the District. 1-15 (2) "Commission" means the Texas Natural Resource 1-16 Conservation Commission. 1-17 (3) "District" means the Hays County Water Control and 1-18 improvement District No. 4. 1-19 (4) "Project" means any program or project authorized 1-20 by this Act or general laws relating to water control and 1-21 improvement districts, inside or outside the boundaries of the 1-22 District, that is necessary to accomplish the public purposes of 1-23 the District. 2-1 SECTION 3. BOUNDARIES. The District's boundaries are as 2-2 follows: 2-3 DESCRIPTION OF A 561.490 ACRE TRACT OF LAND OUT OF THE P. A. SMITH 2-4 SURVEY ABSTRACT NO. 415, HAYS COUNTY, TEXAS, BEING PART OF THAT 2-5 CERTAIN 538.03 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO M. K. 2-6 HAGE, JR. OF RECORD IN VOLUME 756, PAGE 369 OF THE REAL PROPERTY 2-7 RECORDS OF HAYS COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 22.61 ACRE 2-8 TRACT OF LAND AS DESCRIBED IN A DEED TO M. K. HAGE, JR. OF RECORD 2-9 IN VOLUME 744, PAGE 308 OF THE REAL PROPERTY RECORDS OF HAYS COUNTY 2-10 TEXAS, AND BEING PART OF THAT CERTAIN 25.885 ACRE TRACT OF LAND AS 2-11 DESCRIBED IN A DEED TO M. K. HAGE, JR. OF RECORD IN VOLUME 1152, 2-12 PAGE 839 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 2-13 561.490 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND 2-14 BOUNDS AS FOLLOWS: 2-15 BEGINNING at a 5/8-inch iron pin for the southeast corner of 2-16 Lot 4 of the Beulah Marie Needham Estate, a subdivision of record 2-17 in Book 2, Page 102 of the Plat Records of Hays County, Texas, 2-18 being also an ell corner in the north line of said 538.03 acre 2-19 tract and being the northeast corner of the herein described tract; 2-20 THENCE S 00 25'19" E, over and across said 538.03 acre tract 2-21 with the east line of the herein described tract, for a distance of 2-22 978.22 feet to a 3/4-inch iron pipe found for an ell corner in the 2-23 east line of said 538.03 acre tract and being the northwest corner 2-24 of that certain tract 4.0 acre tract of land as described in a deed 2-25 of record in Volume 439, Page 584 of the Real Property Records of 2-26 Hays County, Texas; 3-1 THENCE, S 01 39'49" E, at distance of 133.10 feet passing the 3-2 northeast corner of said 22.61 acre Hage Tract and continuing for a 3-3 total distance of 382.95 feet to a 5/8-inch iron pin found at the 3-4 northwest corner of that certain 1.28 acre tract of land described 3-5 in Volume 293, Page 174 of the Real Property Records of Hays 3-6 County, Texas; 3-7 THENCE, S 00 11'44" E, continuing along the east line of the 3-8 said 22.61 acre Hage Tract, for a distance of 1407.56 feet to a 3-9 1/2-inch iron pin found at the northwest corner of that certain 3-10 tract of land as described in a quitclaim deed to M.K. Hage, of 3-11 record in Volume 882, Page 772 of the Official Records of 3-12 Williamson County, Texas; 3-13 THENCE, S 00 11'42" E, continuing along the east line of said 3-14 0.32 acre tract, for a distance of 126.19 feet to a point for the 3-15 southeast corner of said 0.32 acre tract, being also the most 3-16 easterly southeast corner of the herein described tract, being in 3-17 the northerly line of Phillips Cemetery and being in the east line 3-18 of said 25.865 acre Hage Tract; 3-19 THENCE, along the east line of said 25.856 acre Hage Tract, 3-20 being along the north and west lines of Phillips Cemetery for the 3-21 following five (5) courses; 3-22 1. S 81 20'53" W for a distance of 298.05 feet to a chain 3-23 link fence post, 3-24 2. S 81 04'50" W for a distance of 209.95 feet to a 1/2-inch 3-25 iron pin found, 3-26 3. S 06 34'25" E for a distance of 426.96 feet to a 1/2-inch 4-1 iron pin found, 4-2 4. N 81 03'37" E for a distance of 209.74 feet to a chain 4-3 link fence post, and 4-4 5. S 05 50'59" E for a distance of 212.11 feet to a chain 4-5 link fence post at the southeast corner of the said 25.856 acre 4-6 Hage Tract, being at the southwest corner of Phillips Cemetery, 4-7 being in the north line of that certain 538.2 acre tract of land 4-8 described in Volume 391, Page 583 of the Real Property Records of 4-9 Hays County, Texas, for the southeast corner hereof; 4-10 THENCE, along the south line of the said 25.856 acre Hage 4-11 Tract, being along the north line of said 538.2 acre tract with the 4-12 meanders of a wire fence for the following four (4) courses: 4-13 1. S 89 48'00" W for a distance of 594.44 feet to a point, 4-14 2. S 89 48'00" W for a distance of 594.44 feet to a point, 4-15 3. S 89 44'46" W for a distance of 460.67 feet to a point, 4-16 and 4-17 4. S 89 44'23" W for a distance of 168.62 feet to a 1/2-inch 4-18 iron pin found at the southwest corner of the said 25.856 acre Hage 4-19 Tract and being at the most southerly southeast corner of the said 4-20 538.03 acre Hage Tract; 4-21 THENCE, along the south line of the said 538.03 acre Hage 4-22 Tract, being the north line of the said 538.2 acre tract for the 4-23 following three (3) courses: 4-24 1. S 89 45'27" W for a distance of 1358.36 feet to a 4-25 5/8-inch iron pin found, 4-26 2. S 89 41'19" W for a distance of 2500.06 feet to a 5-1 5/8-inch iron pin found, and 5-2 3. S 89 33'15" W for a distance of 1482.47 feet to a 5-3 5/8-inch iron pin fond at the southwest corner of the said 538.03 5-4 acre Hage Tract, being at the southeast corner of that certain 5-5 274.70 acre tract of land described in Volume 356, page 362 of the 5-6 Real Property Records of Hays County, Texas, for the southwest 5-7 corner hereof; 5-8 THENCE, along the west line of the said 538.03 acre Hage 5-9 Tract, being the east line of the said 274.70 acre tract, N 5-10 01 21'36" E for a distance of 2018.93 feet to a 5/8-inch iron pin 5-11 found at the northeast corner of the said 274.70 acre tract, being 5-12 at the southeast corner of that certain 105.54 acre tract of land 5-13 described in Volume 247, Page 581 of the Real Property Records of 5-14 Hays County, Texas; 5-15 THENCE, continuing along the west line of the said 538.03 5-16 acre Hage Tract, being the east line of the said 105.54 acre tract 5-17 for the following three (3) courses: 5-18 1. N 01 31'32" E for a distance of 1048.37 feet to a 5-19 1/4-inch iron pin found, 5-20 2. N 00 52'05" W for a distance of 229.49 feet to a 1/2-inch 5-21 iron pin found, and 5-22 3. N 00 44'52" W for a distance of 226.64 feet to a 1/2-inch 5-23 iron pin found at the northwest corner of the said 538.03 acre Hage 5-24 Tract, being at the southwest corner of that certain 386 acre tract 5-25 of land described in Volume 184, Page 597 of the Real Property 5-26 Records of Hays County, Texas, for the northwest corner hereof; 6-1 THENCE along the North line of said 538.03 acre Hage Tract, 6-2 being the South line of the said 386 acre tract for the following 6-3 four (4) courses: 6-4 1. S 78 05'25" E for a distance of 670.81 feet to a 1/2-inch 6-5 iron pin found in a tree, 6-6 2. N 88 37'13" E for a distance of 1628.60 feet to a 6-7 5/8-inch iron pin found, 6-8 3. N 84 55'00" E for distance of 1508.00 feet to a 5/8-inch 6-9 iron pin found, and 6-10 4. S 89 59'57" E for a distance of 640.96 feet to a 1/2-inch 6-11 iron pin set; 6-12 THENCE, continuing along the north line of said 538.03 acre 6-13 Hage Tract, N 89 01'03" E at approximately 100 feet passing the 6-14 approximate centerline of Archer's north Fork of Onion Creek and 6-15 continuing for a total distance of 971.30 feet to a 5/8-inch iron 6-16 pin found i the south line of Lot 4 of said Beulah Marie Needham 6-17 Estate Subdivision; 6-18 THENCE, continuing along the north line of said 538.03 acre 6-19 Hage Tract, being the south line of said Lot 4 for the following 6-20 three (3) courses; 6-21 1. N 09 19'15" E for a distance of 10.30 feet to a 5/8-inch 6-22 iron pin found, 6-23 2. N 89 05'12" E for a distance of 339.69 feet to a 1/2-inch 6-24 iron pin found, and 6-25 3. N 89 02'29" E for a distance of 1306.46 feet to the POINT 6-26 OF BEGINNING and containing 561.490 acres of land. 7-1 THIS DESCRIPTION WAS PREPARED FROM RECORD AND BASED ON THE PLAT OF 7-2 568.777 ACRES FOR THE M. K. HAGE JR. TRACT, PREPARED BY ROY D. 7-3 SMITH DATED JULY 1993. 7-4 SECTION 4. FINDINGS RELATED TO BOUNDARIES. The Legislature 7-5 finds that the boundaries and field notes of the District form a 7-6 closure. A mistake in the field notes or in copying the field 7-7 notes in the legislative process does not affect the organization, 7-8 existence, or validity of the District, the right of the District 7-9 to levy and collect taxes, or the legality or operation of the 7-10 District or its governing body. 7-11 SECTION 5. FINDING OF BENEFIT. All of the land and other 7-12 property included within the boundaries of the District will be 7-13 benefitted by the works and projects that are to be accomplished by 7-14 the District pursuant to the powers conferred by Section 59, 7-15 Article XVI, Texas Constitution. The District serves a public use 7-16 and benefit. 7-17 SECTION 6. POWERS. (a) The District has all of the rights, 7-18 powers, privileges, authority, functions, and duties provided by 7-19 the general law of this state to conservation and reclamation 7-20 districts, including, but not limited to Chapter 49, 51 and 54, 7-21 Water Code, as amended. After approval at an election pursuant to 7-22 Section 53.029(c) and (d), Water Code, as amended, the District 7-23 shall have all of the rights and powers of a road district. 7-24 SECTION 7. ADMINISTRATIVE PROVISIONS. The District shall 7-25 operate as a Water Control and Improvement District and comply with 7-26 the Administrative Provisions of Chapter 51, Water Code, as 8-1 amended, except as specifically provided in this Act. The District 8-2 shall also comply with Texas Water Code Chapter 49 to the extent it 8-3 does not conflict with Chapter 51. 8-4 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 8-5 directors is composed of: 8-6 (1) 8-7 (2) 8-8 (3) 8-9 (4) 8-10 (5) 8-11 (b) A director of the District must meet the qualifications 8-12 of a director under Chapter 51 and 49, Water Code, as amended. 8-13 (c) If a director fails to qualify for office, the directors 8-14 who have qualified shall appoint a person to fill the vacancy. If 8-15 at any time there are fewer than three qualified temporary 8-16 directors, the Commission shall appoint the necessary number of 8-17 persons to fill all vacancies on the board. 8-18 SECTION 9. CONFIRMATION AND DIRECTORS' ELECTION. (a) The 8-19 temporary board of directors shall call and hold an election to 8-20 confirm the creation of the District and to elect five permanent 8-21 directors, in the manner required by Sections 49.101 through 8-22 49.105, Water Code, as amended. 8-23 (b) The confirmation and permanent directors' election may 8-24 be conducted on a date other than the Uniform Election Date 8-25 designated in the Election Code. The confirmation and permanent 8-26 directors' election shall otherwise conform to the Election Code 9-1 and Chapter 49, Water Code, as amended. All subsequent directors' 9-2 elections shall be held in conformity with Section 49.103, Water 9-3 Code, as amended. 9-4 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 9-5 The Legislature finds: 9-6 (a) The proper and legal notice of the intention to 9-7 introduce this Act, setting forth the general substance of this 9-8 Act, has been published as provided by law, and the notice and a 9-9 copy of this Act have been furnished to all persons, agencies, 9-10 officials, or entities to which they are required to be furnished 9-11 by the constitution and other laws of this state, including the 9-12 governor, who has submitted the notice and Act to the Texas Natural 9-13 Resource Conservation Commission. 9-14 (b) The Texas Natural Resource Conservation Commission has 9-15 filed its recommendations relating to this Act with the governor, 9-16 lieutenant governor, and speaker of the house of representatives 9-17 within the required time. 9-18 (c) All requirements of the constitution and laws of this 9-19 state and rules and procedures of the legislature with respect to 9-20 the notice, introduction, and passage of this Act are fulfilled and 9-21 accomplished. 9-22 SECTION 11. AD VALOREM TAXES. The District shall have 9-23 authority to conduct elections and levy, assess and collect ad 9-24 valorem taxes in the manner and for the purposes authorized by 9-25 Sections 49.106, 49.107 and 49.108(a)-(d), Water Code as amended 9-26 and need to obtain no approval other than those specified in 10-1 Section 1 of Chapter 778, Acts of the 74th Legislature, Regular 10-2 Session, 1995. 10-3 SECTION 12. EFFECTIVE DATE. This Act takes effect 10-4 immediately if it receives a vote of two-thirds of all the members 10-5 elected to each house, as provided by Section 39, Article III, 10-6 Texas Constitution. If this Act does not receive the vote 10-7 necessary for immediate effect, this Act takes effect August 28, 10-8 2001. 10-9 SECTION 13. EMERGENCY. The importance of this legislation 10-10 and the crowded condition of the calendars in both houses create an 10-11 emergency and an imperative public necessity that the 10-12 constitutional rule requiring bills to be read on three several 10-13 days in each house be suspended and this rule is hereby suspended.