1-1 By: Armbrister S.B. No. 1812 1-2 (In the Senate - Filed April 17, 2001; April 18, 2001, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; May 3, 2001, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 5, Nays 0; 1-6 May 3, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1812 By: Cain 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation, administration, powers, and duties of the 1-11 Hays County Development District No. 2; providing the authority to 1-12 impose taxes. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. CREATION OF THE DISTRICT. (a) The Hays County 1-15 Development District No. 2 is created. The district is a 1-16 governmental agency, a body politic and corporate, and a political 1-17 subdivision of the state. 1-18 (b) The district is a unit of government for purposes of 1-19 Chapter 101, Civil Practice and Remedies Code, and operations of 1-20 the district are considered to be essential governmental functions 1-21 and not proprietary functions for all purposes, including the 1-22 application of the Texas Tort Claims Act. 1-23 (c) The creation of the district is essential to accomplish 1-24 the purposes of Sections 52 and 52-a, Article III, and Section 59, 1-25 Article XVI, Texas Constitution, and other public purposes stated 1-26 in this Act. 1-27 (d) Despite its name this district is not governed by 1-28 Chapter 383, Local Government Code. 1-29 SECTION 2. DEFINITIONS. In this Act: 1-30 (1) "Board" means the board of directors of the 1-31 district. 1-32 (2) "County" means Hays County. 1-33 (3) "District" means the Hays County Development 1-34 District No. 2. 1-35 (4) "Municipality" means the City of Austin. 1-36 (5) "Foundation" means the Hays Consolidated 1-37 Independent School District Education Foundation. 1-38 SECTION 3. BOUNDARIES. The district includes all of the 1-39 territory contained within the following described area: 1-40 A 904.814 acre tract out of the C. W. Hudson Survey No. 43, 1-41 the H. W. Cocke Survey No. 83, the H. W. Cocke Survey No. 432, the 1-42 J. R. Worrall Survey No. 68, the J. E. Crawford Survey, the Thomas 1-43 H. Crawford Survey No. 12, the J. S. Arrington Survey No. 57, the 1-44 F. W. Sutor Survey No. 50, and the Calvin Rowell Survey No. 396 in 1-45 Hays County, Texas, being a portion of that 964.55 acre tract, 1-46 described as Tract 1, all of that 12.76 acre tract, described as 1-47 Tract 2, that 5.00 acre tract, described as Tract 3, that 5.00 acre 1-48 tract, described as Tract 4, that 5.00 acre tract, described as 1-49 Tract 5, that 5.00 acre tract, described as Tract 6, and the 1-50 remainder of that 209.48 acre tract, described as Tract 11, all 1-51 conveyed to Capital Pacific Holdings, LLC, by deed recorded in 1-52 Volume 13285, Page 694 of the Travis County Deed Records and in 1-53 Volume 1460, Page 728 of the Hays County Deed Records, and being 1-54 all of the three (3) 5.00 acre tracts conveyed to Capital Pacific 1-55 Holdings, LLC, by deed recorded in Document No. 9913092 of the 1-56 Official Public Records of Hays County; the said 904.814 acre tract 1-57 is more particularly described by metes and bounds as follows: 1-58 COMMENCING, at a 5/8" iron rod found for the northeast corner 1-59 of the said 964.55 acre tract, being on the southerly line of that 1-60 164.931 acre tract conveyed to CGP-Circle C Limited Partnership by 1-61 deed recorded in Volume 13188, Page 15 of the Travis County Deed 1-62 Records, and the northwest corner of that 283 acre tract conveyed 1-63 to Ira Jon Yates by deed recorded in Volume 7716, Page 845 and 1-64 Volume 11042, Page 933 the said Travis County Deed Records; 2-1 THENCE, leaving the southerly line of the said 164.931 acre 2-2 tract, with the common line between the said 964.55 acre tract and 2-3 the 283 acre tract, for the following three (3) courses: 2-4 (1) S02 05'59"E, 2543.00 feet to a 1/2" iron rod with 2-5 plastic cap found for corner; 2-6 (2) N87 54'01"E, 122.41 feet to a 1/2" iron rod with plastic 2-7 cap found for corner; 2-8 (3) S02 37'47"E, at 1052.11 feet pass a 1/2" iron rod found 2-9 0.93 feet to the right, for a total distance of 1435.39 feet to a 2-10 calculated point on the Travis and Hays County line, being the 2-11 northeast corner and POINT OF BEGINNING of the herein described 2-12 tract; 2-13 THENCE, leaving the southerly line of said Travis County and 2-14 continuing with the common line between the said 964.55 acre tract 2-15 and the 283 acre tract for the following two (2) courses: 2-16 (1) S02 37'47"E, 217.52 feet to a 1/2" iron rod found for 2-17 corner; 2-18 (2) S19 55'59"E, at 532.33 feet pass a 1/2" iron rod found 2-19 2.20 feet to the right, at 608.10 feet pass a 1/2" iron rod found 2-20 0.96 feet to the right, for a total distance of 895.56 feet to a 2-21 60d nail found in a fence corner post for the southwest corner of 2-22 the said 283 acre tract, being the northwest corner of that 76.758 2-23 acre tract conveyed to Cal E. Varner by deed recorded in Volume 2-24 12811, Page 504 of the said Travis County Deed Records; 2-25 THENCE, leaving the southerly line of the said 283 acre 2-26 tract, with the common line between the said 76.758 acre tract and 2-27 the 964.55 acre tract, for the following two (2) courses: 2-28 (1) S20 26'57"E, 514.02 feet to a 60d nail found in a fence 2-29 corner post for corner; 2-30 (2) S02 25'19"E, 541.61 feet to a cotton gin spindle found 2-31 for the southwest corner of the said 76.758 acre tract, being the 2-32 northwest corner of the said remainder of the 209.48 acre tract; 2-33 THENCE, N82 06'00"E, leaving the easterly line of the said 2-34 964.55 acre tract, with the common line between the said remainder 2-35 of the 209.48 acre tract and the 76.758 acre tract, 1819.59 feet to 2-36 a calculated point on the northerly line of said Hays County, being 2-37 on the southerly line of said Travis County, from which a 1/2" iron 2-38 rod found for the northeast corner of the said remainder of the 2-39 209.48 acre tract, being the southwest corner of the said 76.758 2-40 acre tract and a point in the westerly line of that 179.539 acre 2-41 tract conveyed to Geoffrey D. Weisbart and Diane B. Senterfitt by 2-42 deed recorded in Volume 11962, Page 1941 of the Travis County Deed 2-43 Records bears N82 06'00", 223.93 feet; 2-44 THENCE, S51 42'24"E, leaving the southerly line of the said 2-45 76.758 acre tract, across the said remainder of the 209.48 acre 2-46 tract with the common line between Hays and Travis Counties, 290.20 2-47 feet to a calculated point on the common line between the remainder 2-48 of the said 209.48 acre tract and the 179.539 acre tract; 2-49 THENCE, leaving the southerly line of said Travis County and 2-50 continuing across said Hays County, with the common line between 2-51 the said remainder of the 209.48 acre tract and the 179.539 acre 2-52 tract, for the following four (4) courses: 2-53 (1) S01 37'14"E, 1128.83 feet to a fence corner post found 2-54 for corner; 2-55 (2) N88 20'41"E, 100.06 feet to a 1/2" iron rod found for 2-56 corner; 2-57 (3) S01 37'56"E, 693.88 feet to a 1/2" iron rod found for 2-58 corner; 2-59 (4) N88 10'38"E, 1660.80 feet to a 3" metal fence post for 2-60 corner; 2-61 THENCE, S02 14'15"E, continuing with the easterly line of the 2-62 said remainder of the 209.48 tract, at 1310.36 feet pass a 3" metal 2-63 fence post found 0.92 feet to the left for the southwest corner of 2-64 the said 179.539 acre tract, being the northwest corner of that 2-65 0.2308 acre tract conveyed to John August Wilhelm by deed recorded 2-66 in Volume 11961, Page 2120 of the Travis County Deed Records, at 2-67 1454.47 feet pass a cotton gin spindle found 1.59 feet to the right 2-68 for the southwest corner of the said 0.2308 acre tract, being the 2-69 northwest corner of that 0.714 acre tract conveyed to Wilhelm Hill 3-1 Properties by deed recorded in Volume 11961, Page 2127 of the 3-2 Travis County Deed Records, at 1902.54 feet pass a 1/2" iron rod 3-3 found 0.63 feet to the right for the southwest corner of the said 3-4 0.714 acre tract, being the northwest corner of that 4.893 acre 3-5 tract conveyed to Peter Douglas Winship by deed recorded in Volume 3-6 1139, Page 475 of the Hays County Deed Records, for a total 3-7 distance of 2446.55 feet to a 1/2" iron rod found for the southeast 3-8 corner of the aforesaid remainder of the 209.48 acre tract, being 3-9 the southwest corner of the said 4.893 acre tract and a point on 3-10 the northerly right-of-way line of Bliss Spillar Road (County Road 3-11 224); 3-12 THENCE, S88 32'25"W, leaving the westerly line of the said 3-13 4.893 acre tract, with the common line between the remainder of the 3-14 said 209.48 acre tract and Bliss Spillar Road, 100.02 feet to a 60d 3-15 nail found in a fence corner post for the southwest corner of the 3-16 remainder of the said 209.48 acre tract, being the northwest corner 3-17 of the said Bliss Spillar Road and an angle point in the easterly 3-18 line of the said 12.76 acre tract; 3-19 THENCE, leaving the southerly line of the said remainder of 3-20 the 209.48 acre tract, with the common line between Bliss Spillar 3-21 Road and the said 12.76 acre tract for the following two (2) 3-22 courses: 3-23 (1) S04 30'52"E, 28.91 feet to a 60d nail found in a fence 3-24 post for corner; 3-25 (2) S55 00'29"E, 13.53 feet to a 1/2" iron rod found for the 3-26 southwest corner of said Bliss Spillar Road, being the northwest 3-27 corner of that 132.105 acre tract conveyed to S. R. Baker by deed 3-28 recorded in Volume 892, Page 273 of the Hays County Deed Records; 3-29 THENCE, leaving the southerly line of said Bliss Spillar 3-30 Road, with the common line between the said 12.76 acre tract and 3-31 the 132.105 acre tract for the following four (4) courses: 3-32 (1) S22 34'33"W, 64.75 feet to a 1/2" iron rod found for 3-33 corner; 3-34 (2) S03 36'07"E, 381.35 feet to a 1/2" iron rod found for 3-35 corner; 3-36 (3) S01 15'51"W, 95.85 feet to a 1/2" iron rod found for 3-37 corner; 3-38 (4) S01 46'45"E, 109.24 feet to a 1/2" iron rod with plastic 3-39 cap found for the southeast corner of the said 12.76 acre tract, 3-40 being an easterly corner of that 1325.00 acre tract conveyed to the 3-41 City of Austin by deed recorded in volume 1473, Page 961 of the 3-42 Hays County Deed Records; 3-43 THENCE, leaving the westerly line of the said 132.105 acre 3-44 tract, with the common line between the said 12.76 acre tract and 3-45 the 1325.00 acre tract for the following three (3) courses: 3-46 (1) S87 30'16"W, 567.17 feet to a 1/2" iron rod found for 3-47 the southwest corner of the said 12.76 acre tract; 3-48 (2) N01 34'01"W, 979.06 feet to a 1/2" iron rod with plastic 3-49 cap found for the northwest corner of the said 12.76 acre tract; 3-50 (3) N87 24'30"E, 567.29 feet to a 1/2" iron rod found for 3-51 the northeast corner of the said 12.76 acre tract, being on the 3-52 westerly line of the said remainder of the 209.48 acre tract; 3-53 THENCE, N02 01'08"W, leaving the northerly line of the said 3-54 12.76 acre tract, with the common line between the said remainder 3-55 of the 209.48 acre tract and the 1325.00 acre tract, 110.66 feet to 3-56 a 1/2" iron rod found for the most easterly northeast corner of the 3-57 aforesaid 1325.00 acre tract, being the southeast corner of the 3-58 said 964.55 acre tract; 3-59 THENCE, S89 08'27"W, leaving the westerly line of the said 3-60 209.48 acre tract, with the common line between the said 964.55 3-61 acre tract and the 1325.0 acre tract, 7060.12 feet to a 1/2" iron 3-62 rod found for the southwest corner of the aforesaid 964.55 acre 3-63 tract, from which a 60d nail found for the northeast corner of that 3-64 655.771 acre tract conveyed to Capital Pacific Holdings, LLC, by 3-65 deed recorded in Document No. 9827120 of the Official Public 3-66 Records of Hays County, bears S02 07'50"E, 91.37 feet; 3-67 THENCE, continuing with the common line between the said 3-68 964.55 acre tract and the 1325.0 acre tract for the following three 3-69 (3) courses: 4-1 (1) N02 10'23"W, 2006.86 feet to a fence post found for 4-2 corner; 4-3 (2) N48 56'11"W, 1383.96 feet to a 60d nail found in a 10" 4-4 elm for corner; 4-5 (3) N51 06'36"W, 55.68 feet to a 60d nail found in a 18" 4-6 hackberry, being a southeast corner of that 110.54 acre tract 4-7 conveyed to Richard C. Sanders and Nancy A. Turner by deed recorded 4-8 in Volume 960, Page 258 of the Hays County Deed Records and an 4-9 angle point at the southeast corner of that Cross Conveyance Deed 4-10 between the said 964.55 acre tract and the 110.54 acre tract as 4-11 recorded in Document No. 00010169 of the Official Public Records of 4-12 Hays County. 4-13 THENCE, leaving the northerly line of the said 1325.0 acre 4-14 tract, with the said Cross Conveyance Deed defining the common line 4-15 between the said 964.55 acre tract and the 110.54 acre tract, for 4-16 the following ten (10) courses: 4-17 (1) N17 31'00"E, 104.47 feet to a 1/2" iron rod, with 4-18 plastic cap stamped "Carson and Bush Professional Surveyors," found 4-19 for corner; 4-20 (2) N02 39'44"E, 435.63 feet to a 1/2" iron rod found for 4-21 corner; 4-22 (3) N03 00'10"W, 711.50 feet to a 1/2" iron pipe found for 4-23 corner; 4-24 (4) N09 43'25"W, 171.53 feet to a 1/2" iron rod, with 4-25 plastic cap stamped "Carson and Bush Professional Surveyors," found 4-26 for corner; 4-27 (5) N02 55'14"E, 229.69 feet to a cotton gin spindle found 4-28 for corner; 4-29 (6) N02 16'32"W, 282.47 feet to a 1/2" iron rod, with 4-30 plastic cap stamped "Carson and Bush Professional Surveyors," found 4-31 for corner; 4-32 (7) N03 45'17"E, 337.13 feet to a 1" iron pipe found for 4-33 corner; 4-34 (8) N05 17'57"E, 209.25 feet to a 1/2" iron rod, with 4-35 plastic cap stamped "Carson and Bush Professional Surveyors," found 4-36 for corner; 4-37 (9) N24 35'55"W, 186.20 feet to a 1/2" iron rod, with 4-38 plastic cap stamped "Carson and Bush Professional Surveyors," found 4-39 for corner; 4-40 (10) N87 51'31"E, 318.51 feet to a 1/2" iron rod, with 4-41 plastic cap stamped "Carson and Bush Professional Surveyors," found 4-42 for the point of termination of the said Cross Conveyance Deed 4-43 recorded in Document No. 00010169 of the Official Public Records of 4-44 Hays County, being the southwest corner of the remainder of that 4-45 235.94 acre tract conveyed to Lewis Eugene Rowell by deed recorded 4-46 in Volume 499, Page 396 and Volume 1062, Page 872 of the Hays 4-47 County Plat Records and the beginning of that boundary line 4-48 agreement recorded in Volume 12647, Page 676 of the Travis County 4-49 Deed Records and Volume 1203, Page 390 of the Hays County Deed 4-50 Records; 4-51 THENCE, leaving the easterly line of the said 110.54 acre 4-52 tract with the common line, as defined by the boundary line 4-53 agreement, between the 964.55 acre tract and the said remainder of 4-54 the 235.94 acre tract, for the following six (6) courses: 4-55 (1) N87 20'18"E, 545.04 feet to a 1/2" iron rod found for 4-56 corner; 4-57 (2) N02 40'16"W, 1600.51 feet to a 1/2" iron rod found for 4-58 corner; 4-59 (3) S87 19'59"W, 833.83 feet to a 1/2" iron rod found for 4-60 corner; 4-61 (4) N01 41'52"W, 833.40 feet to a 1/2" iron rod found for 4-62 corner; 4-63 (5) N87 19'56"E, 888.65 feet to a 1/2" iron rod found for 4-64 corner; 4-65 (6) N02 37'56"W, 334.38 feet to a calculated point on the 4-66 aforesaid common line between Hays and Travis Counties, from which 4-67 a 1/2" iron rod found on the aforesaid common line between the 4-68 964.55 acre tract and the remainder of the 235.94 acre tract bears 4-69 N02 37'56"W, 644.56 feet; 5-1 THENCE, S51 42'24"E, leaving the said easterly line of the 5-2 remainder of the 235.94 acre tract, across the said 964.55 acre 5-3 tract, with the northerly line of Hays County, being the southerly 5-4 of Travis County, at a distance of 503.73 feet pass a concrete 5-5 monument (mile marker #20) found, for a total distance of 3989.77 5-6 feet to the PLACE OF BEGINNING, CONTAINING within these metes and 5-7 bounds 904.814 acres of land. 5-8 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The boundaries 5-9 and field notes of the district form a closure. If a mistake is 5-10 made in the field notes or in copying the field notes in the 5-11 legislative process, it does not affect the district's: 5-12 (1) organization, existence, or validity; 5-13 (2) right to impose or collect taxes; or 5-14 (3) legality of operation. 5-15 SECTION 5. BOARD OF DIRECTORS IN GENERAL. (a) The district 5-16 is governed by a board of seven directors who serve staggered 5-17 four-year terms. 5-18 (b) A director serves without compensation. 5-19 (c) Directors and officers of the district shall be public 5-20 officials and shall be entitled to governmental immunity for their 5-21 actions in their capacity as directors and officers of the 5-22 district. 5-23 (d) Employees of the district shall be entitled to 5-24 governmental immunity for their actions in their capacity as 5-25 employees of the district. 5-26 SECTION 6. APPOINTMENT OF DIRECTORS. (a) The board 5-27 consists of three members of the municipality's governing body, two 5-28 members of the county's commissioners court, and two members of the 5-29 Hays Consolidated Independent School District Board of Trustees, 5-30 appointed by their respective governing bodies. 5-31 (b) The members appointed by the municipality's governing 5-32 body shall occupy positions 1, 2, and 3 on the board. The members 5-33 appointed by the commissioners court shall occupy positions 4 and 5 5-34 on the board. The members appointed by the Hays Consolidated 5-35 Independent School District Board of Trustees shall occupy 5-36 positions 6 and 7 on the board. 5-37 (c) A director vacates the office of board member if the 5-38 person ceases to be a member of the appointing governing body. The 5-39 appropriate appointing authority shall make an appointment to fill 5-40 the vacancy for the remainder of the term vacated. 5-41 (d) A board member serves on the board as an additional duty 5-42 of the office held on the appointing governing body. 5-43 SECTION 7. CONFLICTS OF INTEREST. Chapter 171, Local 5-44 Government Code, governs conflicts of interest for board members. 5-45 SECTION 8. LIMITED SALES AND USE TAX. (a) The board by 5-46 order or resolution may impose a sales and use tax for the benefit 5-47 of the district in an amount not to exceed two percent. No 5-48 election is necessary for imposition of the tax authorized by this 5-49 section. 5-50 (b) The board may increase, repeal, or decrease the rate of 5-51 the limited sales and use tax authorized by this Act without 5-52 holding an election. 5-53 (c) The provisions of Subchapters B, C, and D, Chapter 322, 5-54 Tax Code, relating to sales and use taxes for special purpose 5-55 taxing authorities shall apply to the application, collection, and 5-56 administration of a sales and use tax imposed under this Act, to 5-57 the extent not inconsistent with the provisions of this Act, and 5-58 with the same effect as if references therein to a taxing entity or 5-59 the entity area referred to the district or the area within the 5-60 boundaries of the district. 5-61 (d) A tax imposed under this Act or the repeal or change in 5-62 rate of a tax under this Act takes effect on the first day of the 5-63 first calendar quarter occurring after the expiration of the first 5-64 complete calendar quarter occurring after the date on which the 5-65 comptroller receives a copy of the order or resolution of the board 5-66 adopting, repealing, or changing the rate of the limited sales and 5-67 use tax authorized by this Act. 5-68 (e) On adoption of the tax authorized by this Act, there is 5-69 imposed a tax on the receipts from the sale at retail of taxable 6-1 items within the district at a rate not to exceed two percent, as 6-2 well as an excise tax on the use, storage, or other consumption 6-3 within the district of taxable items purchased, leased, or rented 6-4 from a retailer during the period that the tax is effective within 6-5 the district. The rate of the excise tax is the same as the rate 6-6 of the sales tax portion of the tax and is applied to the sales 6-7 price of the taxable item. With respect to a taxable service, 6-8 "use" means the derivation in the district of direct or indirect 6-9 benefit from the service. 6-10 (f) The district is entitled to examine and receive 6-11 information from the comptroller of public accounts related to the 6-12 levy, assessment, and collection of sales and use taxes to the same 6-13 extent as if the district were a municipality. 6-14 SECTION 9. USE OF SALES AND USE TAX PROCEEDS. Sales and use 6-15 taxes collected under this Act may be used only as provided in this 6-16 Act. 6-17 SECTION 10. HOTEL OCCUPANCY TAX. (a) In this section, 6-18 "hotel" has the meaning assigned by Section 156.001, Tax Code. 6-19 (b) The board by order or resolution may impose a tax on a 6-20 person who, under a lease, concession, permit, right of access, 6-21 license, contract, or agreement, pays for the use or possession or 6-22 for the right to use or possess a room that is in a hotel located 6-23 in the boundaries of the district, costs $2 or more each day, and 6-24 is ordinarily used for sleeping. The tax authorized by this 6-25 section may be imposed at any rate not to exceed the greater of: 6-26 (1) nine percent of the price paid for a room in a 6-27 hotel; or 6-28 (2) the rate of hotel occupancy tax imposed by the 6-29 municipality. 6-30 (c) The board by order or resolution may repeal, increase, 6-31 or decrease the rate of a tax imposed under this section. 6-32 (d) Except as inconsistent with this Act, Sections 352.004, 6-33 352.0041, 352.005, and 352.007, Tax Code, govern the imposition and 6-34 collection of a hotel occupancy tax authorized under this Act. A 6-35 reference in Sections 352.004, 352.0041, 352.005, and 352.007, Tax 6-36 Code, to a county, the county's officers or governing body, or the 6-37 county attorney is a reference to the district, the district's 6-38 officers or governing body, or the district's attorney, as 6-39 appropriate. 6-40 (e) The district is entitled to examine and receive 6-41 information related to the levy, assessment, and collection of 6-42 hotel occupancy taxes to the same extent as if the district were a 6-43 municipality. 6-44 SECTION 11. USE OF HOTEL OCCUPANCY TAX PROCEEDS. The 6-45 district shall apply the proceeds from a hotel occupancy tax 6-46 imposed under this Act as provided by this Act and Section 6-47 352.1015, Tax Code, to further public education in the county. 6-48 SECTION 12. ALLOCATION OF REVENUES. (a) The district shall 6-49 transfer all of the tax revenues to the foundation in accordance 6-50 with this section, and tax revenues may not be used for any other 6-51 purpose. 6-52 (b) Before any funds are transferred to the foundation, the 6-53 procedures set forth in this section must be followed. 6-54 (c) The foundation shall present to the board a request for 6-55 funding in a specific amount and shall present to the board a 6-56 specific proposal for the use of that amount. 6-57 (d) The board shall review the proposal and the purposes for 6-58 which the specific amount of funding is requested. 6-59 (e) If the board, in its sole discretion, finds that the 6-60 amount of funds and the purposes described in a request for funding 6-61 are reasonable, serve the public purposes for which the district is 6-62 created, and further public education in the school district, the 6-63 board may transfer to the foundation an amount not to exceed the 6-64 amount requested. 6-65 (f) The acceptance by the foundation of any funding from the 6-66 district constitutes a binding agreement by the foundation to 6-67 permit the board to audit any program of the foundation funded in 6-68 whole or in part with funds from the district to ensure that the 6-69 public purposes of the funding are accomplished and that the funds 7-1 are used in accordance with the terms of a request approved by the 7-2 board under this section. 7-3 (g) The acceptance by the foundation of any funding from the 7-4 district constitutes a binding agreement by the foundation not to 7-5 make any change in the foundation's articles of incorporation, 7-6 bylaws, or other instruments defining the organization and purposes 7-7 of the foundation, without the advance written approval of the 7-8 board. 7-9 (h) The board may bring an action in a court of competent 7-10 jurisdiction to recover amounts not used in accordance with the 7-11 terms of a request approved by the board under this section. 7-12 SECTION 13. LIMITATION ON THE POWERS OF THE DISTRICT. The 7-13 district has no powers or duties not expressly provided by this Act 7-14 and none may be implied. 7-15 SECTION 14. ADMINISTRATIVE SERVICES. The county, the 7-16 municipality, and the Hays Consolidated Independent School District 7-17 may provide administrative services to the district and may permit 7-18 the board to use meeting facilities without charge. 7-19 SECTION 15. DISSOLUTION. (a) The board may by resolution 7-20 or order dissolve the district. 7-21 (b) The district may also be dissolved in the same manner as 7-22 a district created under Chapter 383, Local Government Code. 7-23 (c) If the district is abolished, the taxes levied by the 7-24 district are repealed. 7-25 SECTION 16. LEGISLATIVE FINDINGS. The legislature finds 7-26 that: 7-27 (1) proper and legal notice of the intention to 7-28 introduce this Act, setting forth the general substance of this 7-29 Act, has been published as provided by law, and the notice and a 7-30 copy of this Act have been furnished to all persons, agencies, 7-31 officials, or entities to which they are required to be furnished 7-32 by the construction and laws of this state, including the governor, 7-33 who has submitted the notice and Act to the Texas Natural Resource 7-34 Conservation Commission; 7-35 (2) the Texas Natural Resource Conservation Commission 7-36 has filed its recommendations relating to this Act with the 7-37 governor, lieutenant governor, and speaker of the house of 7-38 representatives within the required time; 7-39 (3) the general law relating to consent by political 7-40 subdivisions to the creation of districts with conservation, 7-41 reclamation, and road powers and the inclusion of land in those 7-42 districts has been complied with; and 7-43 (4) all requirements of the constitution and laws of 7-44 this state and the rules and procedures of the legislature with 7-45 respect to the notice, introduction, and passage of this Act have 7-46 been fulfilled and accomplished. 7-47 SECTION 17. INITIAL BOARD. (a) Notwithstanding Section 5 7-48 of this Act, the members appointed to positions 1, 3, 5, and 7 of 7-49 the board serve until June 1, 2003, the members appointed to 7-50 positions 2, 4, and 6 serve until June 1, 2004. 7-51 (b) The governing bodies shall make their appointments to 7-52 the board not later than the 30th day after the effective date of 7-53 this Act. 7-54 SECTION 18. LEGISLATIVE INTENT. It is the intention of the 7-55 77th Legislature that subsequent Legislatures not impede the 7-56 purposes set forth in this Act by amending the board's composition 7-57 or the district's duties and powers prescribed in this Act, unless 7-58 resolutions consenting to any proposed amendment have been enacted 7-59 and approved by the board and the governing bodies of the county, 7-60 the municipality, and the Hays Consolidated Independent School 7-61 District, each and all respectively. 7-62 SECTION 19. NONSEVERABILITY. The legislature intends this 7-63 Act to be applied in its entirety and would not have enacted any 7-64 provision of this Act without each and every other provision. The 7-65 provisions of this Act are not severable, and if any provision of 7-66 this Act is held invalid, the entire Act is invalid. 7-67 SECTION 20. EFFECTIVE DATE. (a) This Act takes effect on 7-68 the date on which the municipality consents to the creation of the 7-69 district if that date: 8-1 (1) occurs before the 91st day after the last day of 8-2 the legislative session and this Act receives a vote of two-thirds 8-3 of all the members elected to each house, as provided by Section 8-4 39, Article III, Texas Constitution, or 8-5 (2) occurs on or after the 91st day after the last day 8-6 of the legislative session. 8-7 (b) If that date of consent occurs before the 91st day after 8-8 the last day of the legislative session and this Act does not 8-9 receive the vote necessary for effect on that consent date, this 8-10 Act takes effect on the 91st day after the last day of the 8-11 legislative session. 8-12 * * * * *