By: Armbrister S.B. No. 1822
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 the 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 Lot 4
2-16 of the Beulah Marie Needham Estate, a subdivision of record in Book
2-17 2, Page 102 of the Plat Records of Hays County, Texas, being also
2-18 an ell corner in the north line of said 538.03 acre tract and being
2-19 the northeast corner of the herein described tract;
2-20 THENCE S 00 25'19" E, over and across said 538.03 acre tract with
2-21 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 said
3-8 22.61 acre Hage Tract, for a distance of 1407.56 feet to a 1/2-inch
3-9 iron pin found at the northwest corner of that certain tract of
3-10 land as described in a quitclaim deed to M.K. Hage, of record in
3-11 Volume 882, Page 772 of the Official Records of Williamson County,
3-12 Texas;
3-13 THENCE, S 00 11'42" E, continuing along the east line of said 0.32
3-14 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, being
3-20 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 link
3-23 fence post,
3-24 2. S 81 04'50" W for a distance of 209.95 feet to a 1/2-inch iron
3-25 pin found,
3-26 3. S 06 34'25" E for a distance of 426.96 feet to a 1/2-inch iron
4-1 pin found,
4-2 4. N 81 03'37" E for a distance of 209.74 feet to a chain link
4-3 fence post, and
4-4 5. S 05 50'59" E for a distance of 212.11 feet to a chain link
4-5 fence post at the southeast corner of the said 25.856 acre Hage
4-6 Tract, being at the southwest corner of Phillips Cemetery, being in
4-7 the north line of that certain 538.2 acre tract of land described
4-8 in Volume 391, Page 583 of the Real Property Records of Hays
4-9 County, Texas, for the southeast corner hereof;
4-10 THENCE, along the south line of the said 25.856 acre Hage Tract,
4-11 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, and
4-16 4. S 89 44'23" W for a distance of 168.62 feet to a 1/2-inch iron
4-17 pin found at the southwest corner of the said 25.856 acre Hage
4-18 Tract and being at the most southerly southeast corner of the said
4-19 538.03 acre Hage Tract;
4-20 THENCE, along the south line of the said 538.03 acre Hage Tract,
4-21 being the north line of the said 538.2 acre tract for the following
4-22 three (3) courses:
4-23 1. S 89 45'27" W for a distance of 1358.36 feet to a 5/8-inch iron
4-24 pin found,
4-25 2. S 89 41'19" W for a distance of 2500.06 feet to a 5/8-inch iron
4-26 pin found, and
5-1 3. S 89 33'15" W for a distance of 1482.47 feet to a 5/8-inch iron
5-2 pin fond at the southwest corner of the said 538.03 acre Hage
5-3 Tract, being at the southeast corner of that certain 274.70 acre
5-4 tract of land described in Volume 356, page 362 of the Real
5-5 Property Records of Hays County, Texas, for the southwest corner
5-6 hereof;
5-7 THENCE, along the west line of the said 538.03 acre Hage Tract,
5-8 being the east line of the said 274.70 acre tract, N 01 21'36" E
5-9 for a distance of 2018.93 feet to a 5/8-inch iron pin found at the
5-10 northeast corner of the said 274.70 acre tract, being at the
5-11 southeast corner of that certain 105.54 acre tract of land
5-12 described in Volume 247, Page 581 of the Real Property Records of
5-13 Hays County, Texas;
5-14 THENCE, continuing along the west line of the said 538.03 acre Hage
5-15 Tract, being the east line of the said 105.54 acre tract for the
5-16 following three (3) courses:
5-17 1. N 01 31'32" E for a distance of 1048.37 feet to a 1/4-inch iron
5-18 pin found,
5-19 2. N 00 52'05" W for a distance of 229.49 feet to a 1/2-inch iron
5-20 pin found, and
5-21 3. N 00 44'52" W for a distance of 226.64 feet to a 1/2-inch iron
5-22 pin found at the northwest corner of the said 538.03 acre Hage
5-23 Tract, being at the southwest corner of that certain 386 acre tract
5-24 of land described in Volume 184, Page 597 of the Real Property
5-25 Records of Hays County, Texas, for the northwest corner hereof;
5-26 THENCE along the North line of said 538.03 acre Hage Tract, being
6-1 the South line of the said 386 acre tract for the following four
6-2 (4) courses:
6-3 1. S 78 05'25" E for a distance of 670.81 feet to a 1/2-inch iron
6-4 pin found in a tree,
6-5 2. N 88 37'13" E for a distance of 1628.60 feet to a 5/8-inch iron
6-6 pin found,
6-7 3. N 84 55'00" E for a distance of 1508.00 feet to a 5/8-inch iron
6-8 pin found, and
6-9 4. S 89 59'57" E for a distance of 640.96 feet to a 1/2-inch iron
6-10 pin set;
6-11 THENCE, continuing along the north line of said 538.03 acre Hage
6-12 Tract, N 89 01'03" E at approximately 100 feet passing the
6-13 approximate centerline of Archer's north Fork of Onion Creek and
6-14 continuing for a total distance of 971.30 feet to a 5/8-inch iron
6-15 pin found i the south line of Lot 4 of said Beulah Marie Needham
6-16 Estate Subdivision;
6-17 THENCE, continuing along the north line of said 538.03 acre Hage
6-18 Tract, being the south line of said Lot 4 for the following three
6-19 (3) courses;
6-20 1. N 09 19'15" E for a distance of 10.30 feet to a 5/8-inch iron
6-21 pin found,
6-22 2. N 89 05'12" E for a distance of 339.69 feet to a 1/2-inch iron
6-23 pin found, and
6-24 3. N 89 02'29" E for a distance of 1306.46 feet to the POINT OF
6-25 BEGINNING and containing 561.490 acres of land.
6-26 THIS DESCRIPTION WAS PREPARED FROM RECORD AND BASED ON THE PLAT OF
7-1 568.777 ACRES FOR THE M. K. HAGE JR. TRACT, PREPARED BY ROY D.
7-2 SMITH DATED JULY 1993.
7-3 SECTION 4. FINDINGS RELATED TO BOUNDARIES. The Legislature
7-4 finds that the boundaries and field notes of the District form a
7-5 closure. A mistake in the field notes or in copying the field
7-6 notes in the legislative process does not affect the organization,
7-7 existence, or validity of the District, the right of the District
7-8 to levy and collect taxes, or the legality or operation of the
7-9 District or its governing body.
7-10 SECTION 5. FINDING OF BENEFIT. All of the land and other
7-11 property included within the boundaries of the District will be
7-12 benefitted by the works and projects that are to be accomplished by
7-13 the District pursuant to the powers conferred by Section 59,
7-14 Article XVI, Texas Constitution. The District serves a public use
7-15 and benefit.
7-16 SECTION 6. POWERS. (a) The District has all of the rights,
7-17 powers, privileges, authority, functions, and duties provided by
7-18 the general law of this state to conservation and reclamation
7-19 districts, including, but not limited to Chapter 49, 51 and 54,
7-20 Water Code, as amended. After approval at an election pursuant to
7-21 Section 53.029 (c) and (d), Water Code, as amended, the District
7-22 shall have all of the rights and powers of a road district.
7-23 SECTION 7. ADMINISTRATIVE PROVISIONS. The District shall
7-24 operate as a Water Control and Improvement District and comply with
7-25 the Administrative Provisions of Chapter 51, Water Code, as
7-26 amended, except as specifically provided in this Act. The District
8-1 shall also comply with Texas Water Code Chapter 49 to the extent it
8-2 does not conflict with Chapter 51.
8-3 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
8-4 directors is composed of:
8-5 (1) Donald J. Finley
8-6 (2) Michael McKinney
8-7 (3) Colleen Rene Jackson
8-8 (4) Thomas P. Flood
8-9 (5) George C. Davis, Jr.
8-10 (b) A director of the District must meet the qualifications
8-11 of a director under Chapter 51 and 49, Water Code, as amended.
8-12 (c) If a director fails to qualify for office, the directors
8-13 who have qualified shall appoint a person to fill the vacancy. If
8-14 at any time there are fewer than three qualified temporary
8-15 directors, the Commission shall appoint the necessary number of
8-16 persons to fill all vacancies on the board.
8-17 SECTION 9. CONFIRMATION AND DIRECTORS' ELECTION. (a) The
8-18 temporary board of directors shall call and hold an election to
8-19 confirm the creation of the District and to elect five permanent
8-20 directors, in the manner required by Sections 49.101 through
8-21 49.105, Water Code, as amended.
8-22 (b) The confirmation and permanent directors' election may
8-23 be conducted on a date other than the Uniform Election Date
8-24 designated in the Election Code. The confirmation and permanent
8-25 directors' election shall otherwise conform to the Election Code
8-26 and Chapter 49, Water Code, as amended. All subsequent directors'
9-1 elections shall be held in conformity with Section 49.103, Water
9-2 Code, as amended.
9-3 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
9-4 The Legislature finds:
9-5 (a) The proper and legal notice of the intention to
9-6 introduce this Act, setting forth the general substance of this
9-7 Act, has been published as provided by law, and the notice and a
9-8 copy of this Act have been furnished to all persons, agencies,
9-9 officials, or entities to which they are required to be furnished
9-10 by the constitution and other laws of this state, including the
9-11 governor, who has submitted the notice and Act to the Texas Natural
9-12 Resource Conservation Commission.
9-13 (b) The Texas Natural Resource Conservation Commission has
9-14 filed its recommendations relating to this Act with the governor,
9-15 lieutenant governor, and speaker of the house of representatives
9-16 within the required time.
9-17 (c) All requirements of the constitution and laws of this
9-18 state and rules and procedures of the legislature with respect to
9-19 the notice, introduction, and passage of this Act are fulfilled and
9-20 accomplished.
9-21 SECTION 11. AD VALOREM TAXES. The District shall have
9-22 authority to conduct elections and levy, assess and collect ad
9-23 valorem taxes in the manner and for the purposes authorized by
9-24 Sections 49.106, 49.107 and 49.108(a) - (d), Water Code as amended
9-25 and need to obtain no approval other than those specified in
9-26 Section 1 of Chapter 778, Acts of the 74th Legislature, Regular
10-1 Session, 1995.
10-2 SECTION 12. 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 necessary
10-6 for immediate effect, this Act takes effect August 28, 2001.
10-7 SECTION 13. EMERGENCY. The importance of this legislation
10-8 and the crowded condition of the calendars in both houses create an
10-9 emergency and an imperative public necessity that the
10-10 constitutional rule requiring bills to be read on three several
10-11 days in each house be suspended and this rule is hereby suspended.