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                                  * * * * *