1-1 By: Armbrister S.B. No. 1822 1-2 (In the Senate - Filed April 20, 2001; April 23, 2001, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; May 11, 2001, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 5, Nays 0; 1-6 May 11, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1822 By: Whitmire 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation, administration, powers, duties, 1-11 operation, and financing of the Hays County Water Control and 1-12 Improvement District No. 4. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. CREATION. (a) A conservation and reclamation 1-15 district, to be known as the Hays County Water Control and 1-16 Improvement District No. 4, is created in Hays County, subject to 1-17 approval at a confirmation election under Section 10 of this Act. 1-18 The district is a governmental agency and a body politic and 1-19 corporate. 1-20 (b) The district is created under and is essential to 1-21 accomplish the purposes of Section 52, Article III, and Section 59, 1-22 Article XVI, Texas Constitution. 1-23 SECTION 2. DEFINITIONS. In this Act: 1-24 (1) "Board" means the board of directors of the 1-25 district. 1-26 (2) "Commission" means the Texas Natural Resource 1-27 Conservation Commission. 1-28 (3) "District" means the Hays County Water Control and 1-29 Improvement District No. 4. 1-30 SECTION 3. BOUNDARIES. The district's boundaries are as 1-31 follows: 1-32 DESCRIPTION OF A 561.490 ACRE TRACT OF LAND OUT OF THE P. A. SMITH 1-33 SURVEY ABSTRACT NO. 415, HAYS COUNTY, TEXAS, BEING PART OF THAT 1-34 CERTAIN 538.03 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO M. K. 1-35 HAGE, JR. OF RECORD IN VOLUME 756, PAGE 369 OF THE REAL PROPERTY 1-36 RECORDS OF HAYS COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 22.61 ACRE 1-37 TRACT OF LAND AS DESCRIBED IN A DEED TO M. K. HAGE, JR. OF RECORD 1-38 IN VOLUME 744, PAGE 308 OF THE REAL PROPERTY RECORDS OF HAYS COUNTY 1-39 TEXAS, AND BEING PART OF THAT CERTAIN 25.885 ACRE TRACT OF LAND AS 1-40 DESCRIBED IN A DEED TO M. K. HAGE, JR. OF RECORD IN VOLUME 1152, 1-41 PAGE 839 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 1-42 561.490 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND 1-43 BOUNDS AS FOLLOWS: 1-44 BEGINNING at a 5/8-inch iron pin for the southeast corner of 1-45 Lot 4 of the Beulah Marie Needham Estate, a subdivision of record 1-46 in Book 2, Page 102 of the Plat Records of Hays County, Texas, 1-47 being also an ell corner in the north line of said 538.03 acre 1-48 tract and being the northeast corner of the herein described tract; 1-49 THENCE S 00 25'19" E, over and across said 538.03 acre tract 1-50 with the east line of the herein described tract, for a distance of 1-51 978.22 feet to a 3/4-inch iron pipe found for an ell corner in the 1-52 east line of said 538.03 acre tract and being the northwest corner 1-53 of that certain tract 4.0 acre tract of land as described in a deed 1-54 of record in Volume 439, Page 584 of the Real Property Records of 1-55 Hays County, Texas; 1-56 THENCE, S 01 39'49" E, at distance of 133.10 feet passing the 1-57 northeast corner of said 22.61 acre Hage Tract and continuing for a 1-58 total distance of 382.95 feet to a 5/8-inch iron pin found at the 1-59 northwest corner of that certain 1.28 acre tract of land described 1-60 in Volume 293, Page 174 of the Real Property Records of Hays 1-61 County, Texas; 1-62 THENCE, S 00 11'44" E, continuing along the east line of the 1-63 said 22.61 acre Hage Tract, for a distance of 1407.56 feet to a 1-64 1/2-inch iron pin found at the northwest corner of that certain 2-1 tract of land as described in a quitclaim deed to M.K. Hage, of 2-2 record in Volume 882, Page 772 of the Official Records of 2-3 Williamson County, Texas; 2-4 THENCE, S 00 11'42" E, continuing along the east line of said 2-5 0.32 acre tract, for a distance of 126.19 feet to a point for the 2-6 southeast corner of said 0.32 acre tract, being also the most 2-7 easterly southeast corner of the herein described tract, being in 2-8 the northerly line of Phillips Cemetery and being in the east line 2-9 of said 25.865 acre Hage Tract; 2-10 THENCE, along the east line of said 25.856 acre Hage Tract, 2-11 being along the north and west lines of Phillips Cemetery for the 2-12 following five (5) courses; 2-13 1. S 81 20'53" W for a distance of 298.05 feet to a chain 2-14 link fence post, 2-15 2. S 81 04'50" W for a distance of 209.95 feet to a 1/2-inch 2-16 iron pin found, 2-17 3. S 06 34'25" E for a distance of 426.96 feet to a 1/2-inch 2-18 iron pin found, 2-19 4. N 81 03'37" E for a distance of 209.74 feet to a chain 2-20 link fence post, and 2-21 5. S 05 50'59" E for a distance of 212.11 feet to a chain 2-22 link fence post at the southeast corner of the said 25.856 acre 2-23 Hage Tract, being at the southwest corner of Phillips Cemetery, 2-24 being in the north line of that certain 538.2 acre tract of land 2-25 described in Volume 391, Page 583 of the Real Property Records of 2-26 Hays County, Texas, for the southeast corner hereof; 2-27 THENCE, along the south line of the said 25.856 acre Hage 2-28 Tract, being along the north line of said 538.2 acre tract with the 2-29 meanders of a wire fence for the following four (4) courses: 2-30 1. S 89 48'00" W for a distance of 594.44 feet to a point, 2-31 2. S 89 48'00" W for a distance of 594.44 feet to a point, 2-32 3. S 89 44'46" W for a distance of 460.67 feet to a point, 2-33 and 2-34 4. S 89 44'23" W for a distance of 168.62 feet to a 1/2-inch 2-35 iron pin found at the southwest corner of the said 25.856 acre Hage 2-36 Tract and being at the most southerly southeast corner of the said 2-37 538.03 acre Hage Tract; 2-38 THENCE, along the south line of the said 538.03 acre Hage 2-39 Tract, being the north line of the said 538.2 acre tract for the 2-40 following three (3) courses: 2-41 1. S 89 45'27" W for a distance of 1358.36 feet to a 2-42 5/8-inch iron pin found, 2-43 2. S 89 41'19" W for a distance of 2500.06 feet to a 2-44 5/8-inch iron pin found, and 2-45 3. S 89 33'15" W for a distance of 1482.47 feet to a 2-46 5/8-inch iron pin fond at the southwest corner of the said 538.03 2-47 acre Hage Tract, being at the southeast corner of that certain 2-48 274.70 acre tract of land described in Volume 356, page 362 of the 2-49 Real Property Records of Hays County, Texas, for the southwest 2-50 corner hereof; 2-51 THENCE, along the west line of the said 538.03 acre Hage 2-52 Tract, being the east line of the said 274.70 acre tract, N 2-53 01 21'36" E for a distance of 2018.93 feet to a 5/8-inch iron pin 2-54 found at the northeast corner of the said 274.70 acre tract, being 2-55 at the southeast corner of that certain 105.54 acre tract of land 2-56 described in Volume 247, Page 581 of the Real Property Records of 2-57 Hays County, Texas; 2-58 THENCE, continuing along the west line of the said 538.03 2-59 acre Hage Tract, being the east line of the said 105.54 acre tract 2-60 for the following three (3) courses: 2-61 1. N 01 31'32" E for a distance of 1048.37 feet to a 2-62 1/4-inch iron pin found, 2-63 2. N 00 52'05" W for a distance of 229.49 feet to a 1/2-inch 2-64 iron pin found, and 2-65 3. N 00 44'52" W for a distance of 226.64 feet to a 1/2-inch 2-66 iron pin found at the northwest corner of the said 538.03 acre Hage 2-67 Tract, being at the southwest corner of that certain 386 acre tract 2-68 of land described in Volume 184, Page 597 of the Real Property 2-69 Records of Hays County, Texas, for the northwest corner hereof; 3-1 THENCE along the North line of said 538.03 acre Hage Tract, 3-2 being the South line of the said 386 acre tract for the following 3-3 four (4) courses: 3-4 1. S 78 05'25" E for a distance of 670.81 feet to a 1/2-inch 3-5 iron pin found in a tree, 3-6 2. N 88 37'13" E for a distance of 1628.60 feet to a 3-7 5/8-inch iron pin found, 3-8 3. N 84 55'00" E for distance of 1508.00 feet to a 5/8-inch 3-9 iron pin found, and 3-10 4. S 89 59'57" E for a distance of 640.96 feet to a 1/2-inch 3-11 iron pin set; 3-12 THENCE, continuing along the north line of said 538.03 acre 3-13 Hage Tract, N 89 01'03" E at approximately 100 feet passing the 3-14 approximate centerline of Archer's north Fork of Onion Creek and 3-15 continuing for a total distance of 971.30 feet to a 5/8-inch iron 3-16 pin found i the south line of Lot 4 of said Beulah Marie Needham 3-17 Estate Subdivision; 3-18 THENCE, continuing along the north line of said 538.03 acre 3-19 Hage Tract, being the south line of said Lot 4 for the following 3-20 three (3) courses; 3-21 1. N 09 19'15" E for a distance of 10.30 feet to a 5/8-inch 3-22 iron pin found, 3-23 2. N 89 05'12" E for a distance of 339.69 feet to a 1/2-inch 3-24 iron pin found, and 3-25 3. N 89 02'29" E for a distance of 1306.46 feet to the POINT 3-26 OF BEGINNING and containing 561.490 acres of land. 3-27 THIS DESCRIPTION WAS PREPARED FROM RECORD AND BASED ON THE PLAT OF 3-28 568.777 ACRES FOR THE M. K. HAGE JR. TRACT, PREPARED BY ROY D. 3-29 SMITH DATED JULY 1993. 3-30 SECTION 4. FINDINGS RELATED TO BOUNDARIES. The legislature 3-31 finds that the boundaries and field notes of the district form a 3-32 closure. A mistake in the field notes or in copying the field 3-33 notes in the legislative process does not affect the organization, 3-34 existence, or validity of the district, the right of the district 3-35 to issue bonds and impose taxes, or the legality or operation of 3-36 the district or its governing body. 3-37 SECTION 5. FINDING OF BENEFIT. All of the land and other 3-38 property included within the boundaries of the district will be 3-39 benefited by the works and projects that are to be accomplished by 3-40 the district under powers conferred by Section 59, Article XVI, 3-41 Texas Constitution. The district is created to serve a public use 3-42 and benefit. 3-43 SECTION 6. GENERAL POWERS. (a) The district has all of the 3-44 rights, powers, privileges, authority, functions, and duties 3-45 provided by the general laws of this state, including Chapters 49 3-46 and 51, Water Code, applicable to water control and improvement 3-47 districts created under Section 59, Article XVI, Texas 3-48 Constitution. 3-49 (b) The district may provide parks and recreational 3-50 facilities for the people in the district, as provided by 3-51 Subchapter I, Chapter 54, Water Code. 3-52 (c) Subject to approval at an election under Sections 3-53 53.029(c) and (d), Water Code, the district has all of the rights 3-54 and powers of a road district. 3-55 (d) This Act prevails over any provision of general law that 3-56 is in conflict or inconsistent with this Act. 3-57 SECTION 7. ADMINISTRATIVE PROVISIONS. The district shall 3-58 comply with: 3-59 (1) Subchapter C, Chapter 51, Water Code, except as 3-60 specifically provided by this Act; and 3-61 (2) Chapter 49, Water Code, to the extent it does not 3-62 conflict with Chapter 51, Water Code. 3-63 SECTION 8. BOARD OF DIRECTORS. (a) The district is 3-64 governed by a board of five directors. 3-65 (b) Temporary directors serve until permanent directors are 3-66 elected under Section 10 of this Act. 3-67 (c) Permanent directors serve staggered four-year terms. 3-68 (d) Each director must qualify to serve as a director in the 3-69 manner provided by Section 49.055, Water Code. 4-1 (e) A director serves until the director's successor has 4-2 qualified. 4-3 SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board of 4-4 directors is composed of: 4-5 (1) Donald J. Finley; 4-6 (2) Michael McKinney; 4-7 (3) Colleen Rene Jackson; 4-8 (4) Thomas P. Flood; and 4-9 (5) George C. Davis, Jr. 4-10 (b) If a temporary director fails to qualify for office, the 4-11 temporary directors who have qualified shall appoint a person to 4-12 fill the vacancy. If at any time there are fewer than three 4-13 qualified temporary directors, the commission shall appoint the 4-14 necessary number of persons to fill all vacancies on the board. 4-15 SECTION 10. CONFIRMATION AND DIRECTORS ELECTION. (a) The 4-16 temporary board of directors shall call and hold an election to 4-17 confirm the creation of the district and to elect five permanent 4-18 directors, as provided by Sections 49.101 and 49.102, Water Code, 4-19 and, if applicable, Section 49.104, Water Code. 4-20 (b) The confirmation and directors election shall be 4-21 conducted as provided by the Election Code, except that Section 4-22 41.001(a), Election Code, does not apply to the election. 4-23 SECTION 11. ELECTION OF DIRECTORS. (a) Except as provided 4-24 by Section 10 of this Act, all directors elections shall be held in 4-25 conformity with Section 49.103, Water Code. 4-26 (b) To be qualified for election as a director, a person 4-27 must: 4-28 (1) be a resident of the state; 4-29 (2) own land subject to taxation in the district; and 4-30 (3) be at least 18 years of age. 4-31 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 4-32 (a) The proper and legal notice of the intention to introduce this 4-33 Act, setting forth the general substance of this Act, has been 4-34 published as provided by law, and the notice and a copy of this Act 4-35 have been furnished to all persons, agencies, officials, or 4-36 entities to which they are required to be furnished by the 4-37 constitution and other laws of this state, including the governor, 4-38 who has submitted the notice and Act to the commission. 4-39 (b) The commission has filed its recommendations relating to 4-40 this Act with the governor, lieutenant governor, and speaker of the 4-41 house of representatives within the required time. 4-42 (c) All requirements of the constitution and laws of this 4-43 state and rules and procedures of the legislature with respect to 4-44 the notice, introduction, and passage of this Act are fulfilled and 4-45 accomplished. 4-46 SECTION 13. EFFECTIVE DATE. This Act takes effect 4-47 immediately if it receives a vote of two-thirds of all the members 4-48 elected to each house, as provided by Section 39, Article III, 4-49 Texas Constitution. If this Act does not receive the vote 4-50 necessary for immediate effect, this Act takes effect September 1, 4-51 2001. 4-52 * * * * *