By: Aycock Senate Sponsor-Fraser H.B. No. 3990

(In the Senate - Received from the House May 18, 2007; May 18, 2007, read first time and referred to Committee on Natural Resources; May 21, 2007, reported favorably by the following vote: Yeas 8, Nays 0; May 21, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Burnet County Water Control and Improvement District No. 1; providing authority to impose a tax and issue bonds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle I, Title 6, Special District Local Laws Code, is amended by adding Chapter 9030 to read as follows: CHAPTER 9030. BURNET COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9030.001. DEFINITIONS. In this chapter:

(1) "Board" means the board of directors of the district.

(2) "Director" means a member of the board.

(3) "District" means the Burnet County Water Control and Improvement District No. 1.

(4) "Project" means a program or project authorized by this chapter or general law, to be undertaken inside or outside the boundaries of the district, that is necessary to accomplish the public purposes of the district.

Sec. 9030.002. NATURE OF DISTRICT. The district is a water control and improvement district in Burnet County created under and essential to accomplish the purposes of Section 52, Article III, and Section 59, Article XVI, Texas Constitution.

Sec. 9030.003. LEGISLATIVE FINDINGS. The legislature finds that:

(1) all of the land and other property included in the boundaries of the district will be benefited by the works and projects that are to be accomplished by the district pursuant to the powers conferred by Section 52, Article III, and Section 59, Article XVI, Texas Constitution; and

(2) the district serves a public use and benefit.

Sec. 9030.004. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 9030.023 before September 1, 2011:

(1) the district is dissolved September 1, 2011, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be transferred to Burnet County; and

(C) the organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2014.

Sec. 9030.005. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect:

(1) the organization, existence, or validity of the district;

(2) the right of the district to impose taxes; or

(3) the legality or operation of the district or the board.

Sec. 9030.006. APPLICABILITY OF ADMINISTRATIVE PROVISIONS OF OTHER LAW; CONFLICT OF LAW. The district shall operate as a water control and improvement district and comply with the administrative provisions of Chapter 51, Water Code, except as otherwise provided by this chapter. The district shall also comply with Chapter 49, Water Code, to the extent that chapter does not conflict with Chapter 51 of that code. If there is a conflict between Chapters 49 and 51, Water Code, Chapter 51 controls.

Sec. 9030.007. LIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the legislative findings and purposes stated in this chapter. [Sections 9030.008-9030.020 reserved for expansion] SUBCHAPTER A-1. TEMPORARY PROVISIONS

Sec. 9030.021. TEMPORARY DIRECTORS. (a) The temporary board is composed of:

(1) Brian Carlton;

(2) Brandon Myers;

(3) Brent Wicker;

(4) Bob Sewell; and

(5) Brandon Raney.

(b) If a temporary director fails to qualify for office, the temporary directors who have qualified shall appoint a person to fill the vacancy. If at any time there are fewer than three qualified temporary directors, the Texas Commission on Environmental Quality shall appoint the necessary number of persons to fill all vacancies on the board.

Sec. 9030.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. As soon as practicable after all the temporary directors have qualified under Section 49.055, Water Code, the temporary directors shall meet at a location in the district agreeable to a majority of the directors. If a location cannot be agreed upon, the meeting shall be at the Burnet County Courthouse. At the meeting the temporary directors shall elect officers from among the temporary directors and conduct any other district business.

Sec. 9030.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) The temporary directors shall hold an election to confirm the creation of the district and to elect five directors as provided by Section 49.102, Water Code.

(b) Section 41.001(a), Election Code, does not apply to a confirmation election held under this section.

Sec. 9030.024. INITIAL ELECTED DIRECTORS; TERMS. The directors elected under Section 9030.023 shall draw lots to determine which two shall serve until the first regularly scheduled election of directors and which three shall serve until the second regularly scheduled election of directors.

Sec. 9030.025. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2014. [Sections 9030.026-9030.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 9030.051. DIRECTORS; TERMS. (a) The district is governed by a board of five directors.

(b) Directors serve staggered four-year terms.

Sec. 9030.052. ELECTION OF DIRECTORS. On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected. [Sections 9030.053-9030.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 9030.101. WATER CONTROL AND IMPROVEMENT DISTRICT AND MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has all of the rights, powers, privileges, authority, functions, and duties provided by the general law of this state applicable to:

(1) water control and improvement districts, including Chapters 49 and 51, Water Code; and

(2) municipal utility districts, including Chapter 54, Water Code.

Sec. 9030.102. ROAD PROJECTS. To the extent authorized by Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads, or improvements in aid of those roads.

Sec. 9030.103. CONTRACT WITH POLITICAL SUBDIVISION FOR WATER OR SEWER SERVICES. (a) The district may enter into a contract to allow a political subdivision to provide retail water or sewer service in the district. The contract may contain terms the board considers desirable, fair, and advantageous to the district.

(b) The contract may provide that the district will construct or acquire and convey to the political subdivision a water supply or treatment system, a water distribution system, or a sanitary sewage collection or treatment system, as necessary to provide water or sewer service in the district.

(c) The district may use bond proceeds or other available district money to pay for its obligations under, or for services or facilities provided under, the contract.

(d) If the contract requires the district to make payments from taxes other than operation and maintenance taxes, the contract is subject to Section 49.108, Water Code. [Sections 9030.104-9030.150 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 9030.151. TAX TO REPAY BONDS. The district may impose a tax to pay the principal of or interest on bonds or other obligations issued under Section 9030.201. [Sections 9030.152-9030.200 reserved for expansion] SUBCHAPTER E. BONDS

Sec. 9030.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may issue bonds or other obligations as provided by Chapters 49, 51, and 54, Water Code, to finance:

(1) the construction, maintenance, or operation of projects under Sections 9030.101 and 9030.102; or

(2) the district's contractual obligations under Section 9030.103.

(b) The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, grants, or other district money.

(c) The district may not issue bonds or other obligations secured wholly or partly by ad valorem taxation to finance projects authorized by Section 9030.102 unless the issuance is approved by a vote of a two-thirds majority of the voters of the district voting at an election called for that purpose.

(d) Bonds or other obligations issued or incurred to finance projects authorized by Section 9030.101 or 9030.102 or contractual obligations under Section 9030.103 may not exceed one-fourth of the assessed value of the real property in the district.

SECTION 2. The Burnet County Water Control and Improvement District No. 1 initially includes all the territory contained in the following area: FIELD NOTES TO DESCRIBE A 324.621 ACRE TRACT OF LAND, CONSISTING OF APPROXIMATELY 149.768 ACRES OF LAND, OUT OF THE F. LEUDERS SURVEY NO. 602, ABSTRACT NO. 560 AND APPROXIMATELY 174.852 ACRES OF LAND, OUT OF THE F ENGLEKING SURVEY NO. 611, ABSTRACT NO. 284, BOTH OF WHICH ARE SITUATED IN BURNET COUNTY, TEXAS, AND BEING A PORTION OF THAT CALLED 414.78 ACRE TRACT OF LAND, DESCRIBED IN A DEED TO SEALY KRUMM PARTNERS, L.P., A GEORGIA LIMITED PARTNERSHIP, AS RECORDED IN VOLUME 1382, PAGE 439 OF THE OFFICIAL PUBLIC RECORDS OF BURNET COUNTY, TEXAS (O.P.R.B.C.T.), SAID 324.621 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A ˝" IRON ROD FOUND, LYING IN THE SOUTH RIGHT-OF-WAY, DESCRIBED IN A DEED TO THE STATE OF TEXAS, AS RECORDED IN VOLUME 129, PAGE 551 OF THE DEED RECORDS OF BURNET COUNTY TEXAS (D.R.B.C.T.), THE APPROXIMATE WEST LINE OF THE JASON WORMSLEY SURVEY NO. 601, ABSTRACT NO. 959 AND THE APPROXIMATE EAST LINE OF SAID F. LEUDERS SURVEY, FOR THE NORTHWEST CORNER OF THAT CALLED 470 ACRE TRACT OF LAND, DESCRIBED IN A DEED TO H. R. ANDERSON, AS RECORDED IN VOLUME 80, PAGE 593 D.R.B.C.T., THE NORTHEAST CORNER OF SAID 414.7 ACRE TRACT, AND THE NORTHEAST CORNER HEREOF. THENCE S01°52'16"E [S01°52'16"E], WITH THE APPROXIMATE WEST LINE OF SAID JASON WORMSLEY SURVEY, THE WEST LINE OF SAID 470 ACRE TRACT, THE APPROXIMATE EAST LINE OF SAID F. LEUDERS SURVEY, THE EAST LINE OF SAID 414.78 ACRE TRACT, AND THE EAST LINE HEREOF, A DISTANCE OF 2,643.85 FEET, TO A CALCULATED POINT, IN THE CITY OF HORSESHOE BAY'S APPROXIMATE EXTRA TERRITORIAL JURISDICTION (ETJ) LINE, FOR THE EASTERLY SOUTHEST CORNER HEREOF, FROM WHICH A ˝" IRON ROD FOUND, FOR THE NORTHEAST CORNER OF HORSESHOE BAY SOUTH PLAT K10.1, AS RECORDED IN VOLUME 4 PAGE 87-B OF THE PLAT RECORDS OF BURNET COUNTY, TEXAS (P.R.B.C.T.) AND THE EASTERLY SOUTHEAST CORNER OF SAID 414.78 ACRE TRACT, BEARS S01°52'16"E [S01°52'16"E]. A DISTANCE OF 1,628.02 FEET; THENCE, OVER AND ACROSS, SAID 414.78 ACRE TRACT, WITH SAID CITY OF HORSESHOE BAY'S APPROXIMATE ETJ LINE, THE FOLLOWING TWO (2) CALLS NUMBERED 1 AND 2:

1. S88°25'56"W, WITH A SOUTH LINE HEREOF, A DISTANCE OF 2,117.67 FEET. TO A CALCULATED POINT, AT THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, FOR AN INTERIOR CONER HEREOF, AND

2. WITH AN INTERIOR LINE HEREOF AND SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC LENGTH OF 1,262.09 FEET, HAVING A RADIUS OF 2,545.06 FEET, THROUGH A CENTRAL ANGLE OF 28°24'47", A CHORD BEARING S32°48'10"W, A DISTANCE OF 1,249.20 FEET, TO A CALCULATED POINT, IN THE APPROXIMATE NORTH LINE OF THE J. HARRELL SURVEY NO. 570, ABSTRACT NO. 454, THE NORTH LINE OF HORSESHOE BAY SOUTH PLAT K8.1, AS RECODED IN VOLUME 3, PAGE 86 P.R.B.C.T., THE APPROXIMATE SOUTH LINE OF SAID F. ENGLEKING SURVEY, A SOUTH LINE OF SAID 414.78 ACRE TRACT, FOR THE WESTERLY SOUTHEAST CONER HEREOF; THENCE S88°51'32"W [S88°51'32"W], WITH THE APPROXIMATE NORTH LINE OF SAID J. HARRELL SURVEY, THE NORTH LINE OF SAID HORSESHOE BAY PLAT K8.1, A NORTH LINE OF HORSESHOE BAY PLAT K11.1, AS RECORDED IN VOLUME 4, PAGE 103 P.R.B.C.T., THE APPROXIMATE SOUTH LINE OF SAID F. ENGLEKING SURVEY, A SOUTH LINE OF SAID 414.78 ACRE TRACT, AND A SOUTH LINE HEREOF, A DISTANCE OF 1,727.31 FEET, TO A STONE MOUND FOUND, LYING WITHIN SAID HORSESHOE BAY PLAT K11.1, IN THE APPROXIMATE EAST LINE OF THE A.C. FUCHS SURVEY NO. 1448, ABSTRACT NO. 1484, FOR THE SOUTHWEST CONER OF SAID F. ENGLEKING SURVEY, THE SOUTHWEST CORNER OF SAID 414.78 ACRE TRACT, AND THE SOUTHWEST CORNER HEREOF; THENCE, N01°59'42"W [N01°59'42"W], WITH THE APPROXIMATE EAST LINE OF SAID A. C. FUCHS SURVEY, THE EAST LINE OF SAID HORSESHOE BAY SOUTH PLAT K11.1, THE EAST LINE OF HORSESHOE BAY PLAT K13.1, AS RECORDED IN VOLUME 4, PAGE 135 P.R.B.C.T., THE EAST LINE OF CASTLE TERRACE, AS RECODED IN VOLUME 1, PAGE 135 P.R.B.C.T., THE EAST LINE OF CASTLE TERRACE, AS RECORDED IN VOLUME 1 PAGE 198 P.R.B.C.T., THE APPROXIMATE WEST LINE OF SAID F. ENGLEKING SURVEY, THE WEST LINE OF SAID 414.78 ACRE TRACT, AND THE WEST LINE HEREOF, A DISTANCE OF 3,529.55 FEET, TO A PK NAIL FOUND, LYING IN THE SOUTH RIGHT-OF-WAY LINE OF SAID FM HIGHWAY NO. 2147, FOR THE NORTHEAST CORNER OF SAID CASTLE TERRACE, THE NORTHWEST CORNER OF SAID 414.78 ACRE TRACT AND THE NORTHWEST CORNER HEREOF; THENCE, WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID FM HIGHWAY NO. 2147, THE NORTHERLY LINE OF SAID 414.78 ACRE TRACT, AND THE NORTHERLY LINE HEREOF, THE FOLLOWING SIX (6) CALLS, NUMBERED 3 THRU 8:

3. N79°32'49"E [N79°32'49"E], A DISTANCE OF 37.51 FEET [37.51 FEET], TO A TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) TYPE I CONCRETE MARKER FOUND;

4. N80°43'47"E [N80°43'47"E], A DISTANCE OF 370.69 FEET [370.69 FEET], TO A TXDOT TPE I CONCRETE MARKER FOUND, AT THE BEGINNING OF A TANGENT CURVE TO THE LEFT, 50 FEET RIGHT OF ENGINEER'S PC STATION NO. 31+69.60, FROM WHICH A TXDOT TYPE I CONCRETE MARKER FOUND, LYING IN THE NORTH RIGHT-OF-WAY LINE OF SAID FM HIGHWAY NO. 2147, BEARS N09°21'04"W, A DISTANCE OF 100.01 FEET;

5. WITH SAID CURVE TO THE LEFT, AN ARC LENGTH OF 740.00 FEET [740 FEET], HAVING A RADIUS OF 5,679.58 FEET [5,679.58 FEET], THROUGH A CENTRAL ANGLE OF 07°27'54" [07°27'54"], A CHORD BEARING N84°22'32"E [N84°22'32"E], A DISTANCE OF 739.47 FEET [739.47 FEET], TO A TXDOT TYPE I CONCRETE MARKER FOUND, FOR A POINT OF TANGENCY HEREOF, FROM WHICH A TXDOT TYPE I CONCRETE MARKER FOUND, LYING IN THE NORTH RIGHT-OF-WAY LINE OF SAID FM HIGHWAY NO. 2147, BEARS N01°51'40"W, A DISTANCE OF 100.20 FEET;

6. N88°02'40"E [N88°02'40"E], A DISTANCE OF 983.60 FEET, TO A TXDOT TYPE I CONCRETE MARKER FOUND, FROM WHICH A TXDOT TYPE I CONCRETE MARKER FOUND, LYING IN THE NORTH RIGHT-OF-WAY LINE OF SAID FM HIGHWAY NO. 2147, BEARS N01°44'07"W, A DISTANCE OF 99.01 FEET;

7. N88°04'28"E [N88°04'28"E], A DISTANCE OF 1,400.30 FEET [1,400.30 FEET], TO A TXDOT TYPE I CONCRETE MARKER FOUND, AND

8. N87°54'44"E [N87°54'44'E], A DISTANCE OF 1036.65 FEET, TO THE POINT OF BEGINNING, AND CONTAINING 324.621 ACRES OF LAND, MORE OR LESS.

SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 4. This Act takes effect September 1, 2007.

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