1-1     By:  Armbrister                                       S.B. No. 1771
 1-2           (In the Senate - Filed March 20, 2001; March 21, 2001, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     April 17, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; April 17, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation, administration, powers, duties,
 1-9     operation, and financing of Hays County Water Control and
1-10     Improvement District No. 3.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  CREATION.  (a)  A conservation and reclamation
1-13     district, to be known as the Hays County Water Control and
1-14     Improvement District No. 3, is created in Hays County, Texas,
1-15     subject to voter approval at a confirmation election as provided in
1-16     Section 9 of this Act.  The district is a governmental agency and a
1-17     body politic and corporate.
1-18           (b)  The district is created under and is essential to
1-19     accomplish the purposes of Section 59, Article XVI, Texas
1-20     Constitution.
1-21           SECTION 2.  DEFINITION.  In this Act, "district" means the
1-22     Hays County Water Control and Improvement District No. 3.
1-23           SECTION 3.  BOUNDARIES.  The district includes the territory
1-24     contained within the following area:
1-25           A 2724.144 acre tract of land out of the Seaborn J. Watley
1-26     Survey No. 22, the Gregorio Esparza Survey File No. D-762, the B.F.
1-27     Cady Survey File No. P-68, the Thomas F. Gray Survey No. 11, the
1-28     John A. Miller Survey File No. 3-842, and the John Woodruff Survey
1-29     File No. 1-476, Hays County, Texas, being a portion of that certain
1-30     tract, described as First Tract, conveyed to Michael Giles
1-31     Rutherford by deed recorded in Volume 197, Page 45 of the Deed
1-32     Records of Hays County, Texas, and that 700.00 acre tract described
1-33     as Second Tract, conveyed to Michael G. Rutherford by deed also
1-34     recorded in Volume 197, Page 45 of the said Deed Records; the said
1-35     2724.144 acre tract is more particularly described by metes and
1-36     bounds as follows:
1-37           BEGINNING at a fence corner post found for the southeast
1-38     corner of Lot 52, Goldenwood, Section II, a subdivision recorded in
1-39     Book 2, Pages 263 and 264 of the Plat Records of Hays County,
1-40     Texas, being an ell corner in the northerly line of the remainder
1-41     of the said Michael Giles Rutherford First Tract;
1-42           THENCE, N01 00'49"W, with the common line between the said
1-43     Michael Giles Rutherford First Tract and Goldenwood, Section II, at
1-44     539.10 feet past a 5/8" iron rod found 0.11 feet to the right for
1-45     the common corner of Lot 52 and Lot 51, at 1013.56 feet past a 5/8"
1-46     iron rod found for the common corner of Lot 51, Lot 50 and Lot 48,
1-47     for a total distance of 1368.14 feet to a 5/8" iron rod found for
1-48     the northeast corner of Lot 48, Goldenwood, Section II, being the
1-49     southeast corner of Lot 76, Resubdivision of Lots 46 and 47,
1-50     Goldenwood, Section II, a subdivision recorded in Book 2, Page 276
1-51     of the said Plat Records;
1-52           THENCE, N01 02'10"W, continuing with a westerly line of the
1-53     said Michael Giles Rutherford First Tract, at 1083.71 feet past a
1-54     1/2" iron rod found for the northeast corner of Lot 75,
1-55     Resubdivision of Lots 46 & 47, Goldenwood, Section II, being the
1-56     most easterly corner of Lot 44 and southeast corner of Lot 43,
1-57     Goldenwood, Section II, at 1483.59 feet past a 5/8" iron rod found
1-58     for the common corner of Lot 43 and Lot 42, Goldenwood, Section II,
1-59     at 1623.17 feet past a 1/2" iron rod found 1.37 feet to the left,
1-60     at 1813.60 feet past a 5/8" iron rod found 0.18 feet to the left
1-61     for the common corner of Lot 42 and Lot 41, Goldenwood, Section II,
1-62     at 3174.94 feet past a fence corner post found 0.39 feet to the
1-63     right for the northeast corner of Lot 40, Goldenwood, Section II,
1-64     being the southeast corner of Lot 9, Goldenwood, Section I, a
 2-1     subdivision recorded in Book 2, Pages 249 and 250 of the said Plat
 2-2     Records, for a total distance of 3401.62 feet to a 5/8" iron rod
 2-3     found for the northeast corner of Lot 9, Goldenwood, Section I,
 2-4     being the southeast corner of that 116.76 acre tract conveyed to
 2-5     Constance C. Austin, by deed recorded in Volume 1069, Page 698 of
 2-6     the said Deed Records;
 2-7           THENCE, N01 02'13"W, leaving the said northerly line of Lot
 2-8     9, Goldenwood, Section I, with the common line between the Michael
 2-9     Giles Rutherford First Tract and the 116.76 acre tract, 2795.91
2-10     feet to a 1/2" iron rod found for the northeast corner of the said
2-11     116.76 acre tract, being a southeast corner of that 172.310 acre
2-12     tract conveyed to the Church of the International Society of Divine
2-13     Love by deed recorded in Volume 834, Page 452 of the said Deed
2-14     Records;
2-15           THENCE, N28 57'51"E, leaving the northerly line of the said
2-16     116.76 acre tract, with the common line between the said Michael
2-17     Giles Rutherford First Tract and the 172.310 acre tract, 592.76
2-18     feet to a 1/2" iron rod found 0.48 feet to the right for an
2-19     easterly corner of the aforesaid 172.310 acre tract, being the
2-20     southwest corner of Lot 16, Bear Creek Estates, Section Two, a
2-21     subdivision recorded in Book 2, Pages 199 and 200 of the said Plat
2-22     Records;
2-23           THENCE, N88 27'02"E, leaving the easterly line of the said
2-24     172.310 acre tract, with the common line between the said Michael
2-25     Giles Rutherford First Tract and Bear Creek Estates, Section Two,
2-26     at 302.79 feet past a 1/2" iron rod found 0.35 feet to the right
2-27     for the common corner of Lot 16 and Lot 17, at 535.74 feet past a
2-28     1/2" rod found for the common corner of Lot 17 and Lot 18, at
2-29     750.53 feet past a 1/2" iron rod found 0.13 feet to the right for
2-30     the common corner of Lot 18 and Lot 19, at 1055.38 feet past a 1/2"
2-31     iron rod found 0.12 feet to the right for the common corner of Lot
2-32     19 and Lot 21, at 1454.87 feet past a 1/2" iron rod found 0.20 feet
2-33     to the right for the southeast corner of said Lot 21, being a point
2-34     on the southerly right-of-way line of Crosscreek Drive
2-35     (right-of-way varies), as dedicated by plat in Book 2, Pages 199
2-36     and 200 of the said Plat Records, at 2173.39 feet past a 1/2" iron
2-37     rod found on the said southerly right-of-way line of Crosscreek
2-38     Drive, being the southwest corner of Lot 32, for a total distance
2-39     of 3373.50 feet to a 5/8" iron rod found for the common corner of
2-40     Lot 36 and Lot 37, Bear Creek Estates, being an ell corner in the
2-41     west line of that 189.00 acre tract conveyed to Krasovek-Reunion
2-42     Hays County Joint Venture by deed recorded in Volume 871, Page 411
2-43     of the said Deed Records;
2-44           THENCE, leaving the southerly line of said Bear Creek
2-45     Estates, with the common line between the Michael Giles Rutherford
2-46     First Tract and the 189.00 acre tract for the following two (2)
2-47     courses:
2-48           1)  S01 29'17"E, 1601.90 feet to a 1/2" iron rod with plastic
2-49     cap stamped "Capital Surveying Co., Inc." found for an angle point;
2-50           2)  N87 57'43"E, 2815.00 feet to a 1/2" iron rod found for
2-51     the southeast corner of the said 189.00 acre tract;
2-52           THENCE, N87 41'34"E, continuing with the northerly line of
2-53     the said Michael Giles Rutherford First Tract, at 1.95 feet past a
2-54     1/2" iron rod found 0.16 feet to the right for the southwest corner
2-55     of that 192.712 acre tract conveyed to Krasovek-Reunion Hays County
2-56     Joint Venture by deed recorded in Volume 871, Page 445, of the said
2-57     Deed Records, for a total distance of 398.43 feet to a 1/2" iron
2-58     rod found for an angle point;
2-59           THENCE, N87 58'58"E, continuing with the northerly line of
2-60     the said Michael Giles Rutherford First Tract, at 1422.00 feet past
2-61     a 1/2" iron rod found 0.26 feet to the left for the southeast
2-62     corner of the said 192.712 acre tract, for a total distance of
2-63     1441.78 feet to a 1/2" iron rod found for the northeast corner of
2-64     the aforesaid Michael Giles Rutherford First Tract, being a point
2-65     in the westerly line of that 1325.0 acre tract conveyed to the City
2-66     of Austin by deed recorded in Volume 1473, Page 961 of the said
2-67     Deed Records;
2-68           THENCE, with the common line between the said Michael Giles
2-69     Rutherford First Tract and the 1325.0 acre tract for the following
 3-1     five (5) courses:
 3-2           1)  S01 11'56"E, at 486.52 feet past a 1/2" iron rod found
 3-3     0.20 feet to the left, at 1467.11 feet past a 1/2" iron rod found
 3-4     0.38 feet to the left, at 1625.16 feet past a 1/2" iron rod found
 3-5     0.42 feet to the left, at 2375.41 feet past a 1/2" iron rod found,
 3-6     at 2669.62 feet past a 1/2" iron rod found, at 3021.74 feet past a
 3-7     1/2" iron rod found 0.27 feet to the left, for a total distance of
 3-8     3316.24 feet to a 1/2" iron rod found for an angle point;
 3-9           2)  S02 10'31"E, at 260.76 feet past a 60d nail in fence post
3-10     found 0.16 feet to the left, at 609.05 feet past a 60d nail in
3-11     fence post found, at 989.19 feet past a 1/2" iron rod found 0.20
3-12     feet to the right, at 1360.85 feet past a 1/2" iron rod found 0.41
3-13     feet to the right, at 1554.32 feet past a 1/2" iron rod found 0.19
3-14     feet to the right, for a total distance of 1837.39 feet to a 1/2"
3-15     iron rod found an angle point;
3-16           3)  S02 04'23"E, at 695.24 feet past a 1/2" iron rod found
3-17     0.83 feet to the left, for a total distance of 1226.11 feet to a
3-18     1/2" iron rod found for an angle point;
3-19           4)  S01 45'27"E, 318.33 feet to a 1/2" iron rod found for an
3-20     angle point;
3-21           5)  S01 28'07"E, at 680.57 feet past a 1/2" iron rod found
3-22     0.68 feet to the right, at 1395.20 feet past a 1/2" iron rod found
3-23     0.48 feet to the right, for a total distance of 1667.03 feet to a
3-24     60d nail found in a fence corner post for an ell corner of the said
3-25     Michael Giles Rutherford First Tract, being the southwest corner of
3-26     the said 1325.0 acre tract, the northeast corner of the said 700
3-27     acre Second Tract, and the northwest corner of that 569.64 acre
3-28     tract conveyed to D. L. West by deed recorded in Volume 389, Page
3-29     510 of the said Deed Records;
3-30           THENCE, leaving the said Michael Giles Rutherford First Tract
3-31     and the 1325.0 acre tract, with the common line between the said
3-32     700 acre Second Tract and the 569.64 acre tract for the following
3-33     five (5) courses:
3-34           1)  S00 48'58"E, 874.11 feet to a fence corner post found for
3-35     an angle point;
3-36           2)  S00 41'15"E, 1069.83 feet to a 1/2" iron rod found for an
3-37     angle point;
3-38           3)  S00 50'03"E, 1072.92 feet to a 1/2" iron rod found for an
3-39     angle point;
3-40           4)  S00 21'31"E, 2041.59 feet to a 1/2" iron rod found for an
3-41     angle point;
3-42           5)  S01 12'59"E, 381.32 feet to a fence corner post found for
3-43     the southwest corner of the said 569.64 acre tract, being the
3-44     northwest corner of the remainder of that 1201.23 acre tract
3-45     conveyed to Michael G. Rutherford by deed recorded in Volume 192,
3-46     Page 178 of the said Deed Records;
3-47           THENCE, S88 36'55"W, leaving the west line of the said 569.64
3-48     acre tract and the remainder of the said 1201.23 acre tract, across
3-49     the 700 acre Second Tract and the Michael Giles Rutherford First
3-50     Tract, 5376.30 feet to a 1/2" iron rod with plastic cap stamped
3-51     "Capital Surveying Co., Inc." set on the southerly line of the said
3-52     Michael Giles Rutherford First Tract, being on the northerly
3-53     right-of-way line of State Highway FM 967 (80.00' right-of-way),
3-54     from which a 1/2" iron rod with plastic cap stamped "Capital
3-55     Surveying Co., Inc." found 40.00 feet right of State Highway
3-56     centerline station 374+41.8, bears S43 07'47"E, 3631.24 feet;
3-57           THENCE, with the common line between the said Michael Giles
3-58     Rutherford First Tract and the northerly right-of-way line of State
3-59     Highway FM 967 for the following three (3) courses:
3-60           1)  N43 07'47"W, 2522.95 feet to a TxDOT concrete highway
3-61     monument found for the point of curvature of a non-tangent curve to
3-62     the left, being 40.00 feet right of State Highway centerline
3-63     station 435+95.1;
3-64           2)  With the said curve to the left having a central angle of
3-65     15 30'21", a radius of 1949.86 feet, a chord distance of 526.08
3-66     feet (chord bears N50 52'40"W), for an arc distance of 527.69 feet
3-67     to a TxDOT concrete monument found for the point of non-tangency,
3-68     being 40.00 feet right of State Highway centerline station
3-69     441+11.8;
 4-1           3)  N58 34'41"W, 1264.94 feet to a TxDOT concrete highway
 4-2     monument found for the point of curvature of a curve to the left,
 4-3     being 40.00 feet right of State Highway centerline station
 4-4     453+77.6;
 4-5           4)  With the said curve to the left having a central angle of
 4-6     11 38'46", a radius of 1949.86 feet, a chord distance of 395.65
 4-7     feet (chord bears N64 24'02"W), for an arc distance of 396.33 feet
 4-8     to a 1/2" iron rod with plastic cap stamped "Capital Surveying Co.,
 4-9     Inc." set for the southwest corner of the herein described tract,
4-10     from which a TxDOT concrete highway monument found for the point of
4-11     non-tangency, being 40.00 feet right of State Highway centerline
4-12     station 464+44.3 bears N80 25'19"W, a chord distance of 690.46
4-13     feet;
4-14           THENCE, N01 02'37"W, leaving the northerly right-of-way line
4-15     of State Highway FM 967, across the said Michael Giles Rutherford
4-16     First Tract, 4185.44 feet to a 1/2" iron rod with plastic cap
4-17     stamped "Capital Surveying Co., Inc." set for the northwest corner
4-18     of the herein described tract, being on the northerly line of the
4-19     aforesaid First Tract and a point on the southerly line of Lot 53,
4-20     Goldenwood, Section II, from which a fence corner post found in the
4-21     south line of Lot 61, Goldenwood, Section II bears S88 25'41"W,
4-22     1748.06 feet;
4-23           THENCE, with the common line between the said Michael Giles
4-24     Rutherford First Tract and Goldenwood, Section II, for the
4-25     following two (2) courses:
4-26           1)  N88 25'41"E, 146.24 feet to a fence corner post found for
4-27     an angle point;
4-28           2)  S89 46'51"E, at 189.75 feet past a 5/8" iron rod found
4-29     0.11 feet to the right for the common corner of Lot 53 and Lot 52,
4-30     for a total distance of 359.40 feet to the PLACE OF BEGINNING,
4-31     CONTAINING within these metes and bounds 2724.144 acres of land
4-32     area.
4-33           SECTION 4.  FINDINGS RELATING TO BOUNDARIES.  The legislature
4-34     finds that the boundaries and field notes of the district form one
4-35     or more closures.  A mistake in the field notes or in copying the
4-36     field notes in the legislative process does not affect the
4-37     organization, existence, or validity of the district, the right of
4-38     the district to levy and collect taxes, or the legality or
4-39     operation of the district or its governing body.
4-40           SECTION 5.  FINDING OF BENEFIT.  All of the land and other
4-41     property included within the boundaries of the district will be
4-42     benefitted by the works and projects that are to be accomplished by
4-43     the district under the powers conferred by Section 59, Article XVI,
4-44     Texas Constitution.  The district is created to serve a public use
4-45     and benefit.
4-46           SECTION 6.  POWERS.  (a)  The district has all of the rights,
4-47     powers, privileges, authority, functions, and duties provided by
4-48     the general law of this state, including Chapters 49 and 51, Water
4-49     Code, applicable to water control and improvement districts created
4-50     under Section 59, Article XVI, Texas Constitution.  This Act
4-51     prevails over any provision of general law that is in conflict or
4-52     inconsistent with this Act.
4-53           (b)  The rights, powers, privileges, authority, functions,
4-54     and duties of the district are subject to the continuing right of
4-55     supervision of the state to be exercised by and through the Texas
4-56     Natural Resource Conservation Commission.
4-57           (c)  The district created under this Act is wholly located
4-58     within the area of extraterritorial jurisdiction of the City of
4-59     Dripping Springs and is subject to the requirements of municipal
4-60     ordinances applicable to extraterritorial areas unless the
4-61     municipality's governing body waives compliance.
4-62           SECTION 7.  BOARD OF DIRECTORS.  (a)  The district is
4-63     governed by a board of five directors.
4-64           (b)  Temporary directors serve until initial permanent
4-65     directors are elected under Section 9 of this Act.
4-66           (c)  Initial permanent directors serve until permanent
4-67     directors are elected under Section 10 of this Act.
4-68           (d)  Permanent directors other than initial permanent
4-69     directors serve staggered four-year terms.
 5-1           (e)  Each director must qualify to serve as director in the
 5-2     manner provided by Section 49.055, Water Code.
 5-3           (f)  A director serves until the director's successor has
 5-4     qualified.
 5-5           SECTION 8.  TEMPORARY DIRECTORS.  (a)  The temporary board of
 5-6     directors is composed of:
 5-7           (1)  Terry Gilmore;
 5-8           (2)  Gerald Hill;
 5-9           (3)  Ken Bacon;
5-10           (4)  Bill Cunningham; and
5-11           (5)  Clovis Barker.
5-12           (b)  If a temporary director fails to qualify for office, the
5-13     temporary directors who have qualified shall appoint a person to
5-14     fill the vacancy.  If at any time there are fewer than three
5-15     qualified temporary directors, the Texas Natural Resource
5-16     Conservation Commission shall appoint the necessary number of
5-17     persons to fill all vacancies on the board.
5-18           SECTION 9.  CONFIRMATION AND INITIAL DIRECTORS ELECTION.  The
5-19     temporary board of directors shall call and hold an election to
5-20     confirm establishment of the district and to elect five initial
5-21     directors as provided by Chapter 49, Water Code.
5-22           SECTION 10.  ELECTION OF DIRECTORS.  On the first Saturday in
5-23     May of the first even-numbered year occurring at least three years
5-24     after the year in which the confirmation election is held, an
5-25     election shall be held in the district for the election of two
5-26     directors who shall each serve two-year terms and three directors
5-27     who shall each serve four-year terms.  Thereafter, on the same date
5-28     in each subsequent even-numbered year, the appropriate number of
5-29     directors shall be elected to the board.
5-30           SECTION 11.  DIVISION.  The district will constitute an
5-31     "original district" for purposes of Section 51.748, Water Code, and
5-32     is authorized to divide into two or more districts following the
5-33     procedure set forth in Sections 51.749 through 51.758, Water Code,
5-34     without the consent of any municipality.
5-35           SECTION 12.  DEVELOPMENT AGREEMENT.  The district or the
5-36     owners of land within the district may enter into written contracts
5-37     with any municipality within whose extraterritorial jurisdiction
5-38     the district is located, in whole or in part:  (1) to guarantee the
5-39     continuation of the extraterritorial status of the district and its
5-40     immunity from annexation by the municipality for a period not to
5-41     exceed 25 years; (2) regulating the development within the
5-42     boundaries of the district in a manner that the parties agree will
5-43     further the health, safety, and welfare of the residents of the
5-44     district; (3) containing other terms and consideration that the
5-45     district and the municipality agree to be reasonable and
5-46     appropriate; and (4) which may be renewed or extended for
5-47     successive periods of time not to exceed 15 years.  A municipality
5-48     may contract with the district or the owners of the land within the
5-49     district to accomplish the purposes set forth in Subdivision (1) of
5-50     this section.
5-51           SECTION 13.  PAYMENT OF EXPENSES.  In addition to payment of
5-52     any expenses authorized under Section 49.155, Water Code, or other
5-53     provisions of applicable law, the district may pay out of bond
5-54     proceeds or other available funds of the district all costs and
5-55     expenses associated with assuring the protection of threatened or
5-56     endangered species pursuant to formal or informal consultations
5-57     under Section 7, federal Endangered Species Act (16 U.S.C.  Section
5-58     1531 et seq.), or permits issued under Section 10(a) of that Act,
5-59     and costs of land dedicated for water quality buffers.
5-60           SECTION 14.  APPLICABLE REGULATIONS.  The district, a
5-61     municipality within whose extraterritorial jurisdiction the
5-62     district is located, in whole or in part, and the county within
5-63     which the district is located may enter into a written contract
5-64     that specifies the development regulations applicable to the land
5-65     within the district.  A county may contract and agree that the
5-66     municipality's development regulations and development approval
5-67     processes will apply to the land within the district and that no
5-68     county review or approval of any development permit, approval,
5-69     plat, or other application is required.
 6-1           SECTION 15.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
 6-2     (a)  The proper and legal notice of the intention to introduce this
 6-3     Act, setting forth the general substance of this Act, has been
 6-4     published as provided by law, and the notice and a copy of this Act
 6-5     have been furnished to all persons, agencies, officials, or
 6-6     entities to which they are required to be furnished by the
 6-7     constitution and other laws of this state, including the governor,
 6-8     who has submitted the notice and a copy of this Act to the Texas
 6-9     Natural Resource Conservation Commission.
6-10           (b)  The Texas Natural Resource Conservation Commission has
6-11     filed its recommendations relating to this Act with the governor,
6-12     lieutenant governor, and speaker of the house of representatives
6-13     within the required time.
6-14           (c)  All requirements of the constitution and laws of this
6-15     state and the rules and procedures of the legislature with respect
6-16     to the notice, introduction, and passage of this Act are fulfilled
6-17     and accomplished.
6-18           SECTION 16.  EFFECTIVE DATE.  This Act takes effect
6-19     immediately if it receives a vote of two-thirds of all the members
6-20     elected to each house, as provided by Section 39, Article III,
6-21     Texas Constitution.  If this Act does not receive the vote
6-22     necessary for immediate effect, this Act takes effect September 1,
6-23     2001.
6-24                                  * * * * *