80R4106 SGA-F

By: Wentworth S.B. No. 1661

A BILL TO BE ENTITLED

AN ACT

relating to the creation, administration, powers, duties, functions, operations, and financing of the Goforth Special Utility District.

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

SECTION 1. Subtitle C, Title 6, Special District Local Laws Code, is amended by adding Chapter 7212 to read as follows: CHAPTER 7212. GOFORTH SPECIAL UTILITY DISTRICT SUBCHAPTER A. GENERAL PROVISIONS

Sec. 7212.001. DEFINITION. In this chapter, "district" means the Goforth Special Utility District.

Sec. 7212.002. NATURE OF DISTRICT. The district is a special utility district in Caldwell, Hays, and Travis Counties created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. The district is created to serve a public use and benefit.

Sec. 7212.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation and initial directors' election held before September 1, 2009:

(1) the district is dissolved on September 1, 2009, except that:

(A) any debts of the district incurred shall be paid;

(B) any assets of the district that remain after the payment of debts shall be transferred to Caldwell, Hays, or Travis County, as appropriate; 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, 2012.

Sec. 7212.004. APPLICABILITY OF OTHER SPECIAL UTILITY DISTRICT LAW. Except as otherwise provided by this chapter, Chapters 49 and 65, Water Code, apply to the district.

Sec. 7212.005. 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 issue any type of bond, including a refunding bond, for a purpose for which the district is created or to pay the principal of and interest on a bond; or

(3) the legality or operation of the district or the board of directors of the district. [Sections 7212.006-7212.020 reserved for expansion] SUBCHAPTER A-1. TEMPORARY PROVISIONS

Sec. 7212.021. TEMPORARY DIRECTORS. (a) The temporary board of directors of the district is composed of:

(1) Debbie Sandoval;

(2) Robert Sluter;

(3) Lesley Simpson;

(4) Frank Ayala; and

(5) Michael Spak.

(b) Each temporary director shall qualify for office as provided by Section 49.055, Water Code.

(c) 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 four qualified temporary directors, the Texas Commission on Environmental Quality shall appoint the necessary number of directors to fill all vacancies on the board.

(d) Temporary directors serve until initial directors are elected under Section 7212.022.

(e) As soon as practicable after all the temporary directors have qualified under Section 49.055, Water Code, the temporary directors shall convene the organizational meeting of the district and elect officers from among the temporary directors.

Sec. 7212.022. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) The temporary directors shall hold an election to confirm the creation of the district and to elect five initial directors in accordance with Chapters 49 and 65, Water Code, on or before September 1, 2009.

(b) The temporary board of directors shall determine the method for determining the initial term of each person on the initial board of directors. The terms must be clearly stated on the ballot for the confirmation and directors' election.

(c) Section 41.001(a), Election Code, does not apply to a confirmation election held as provided by this section.

(d) Initial directors serve until the first regularly scheduled election of directors under Subchapter C, Chapter 65, Water Code.

Sec. 7212.023. TRANSFER OF ASSETS; DISSOLUTION. (a) If the district's creation is confirmed under Section 7212.022, the Goforth Water Supply Corporation shall transfer the assets, debts, and contractual rights and obligations of the corporation to the district.

(b) Not later than the 30th day after the date of the transfer under Subsection (a), the board of directors of the Goforth Water Supply Corporation shall commence dissolution proceedings of the corporation.

(c) On dissolution of the Goforth Water Supply Corporation, Certificate of Convenience and Necessity No. 11356 is considered to be held by the district.

(d) The board of directors of the Goforth Water Supply Corporation shall notify the Texas Commission on Environmental Quality of the dissolution of the corporation and of the transfer of Certificate of Convenience and Necessity No. 11356 to the district.

(e) On receipt of notice under Subsection (d), the Texas Commission on Environmental Quality shall note in its records that Certificate of Convenience and Necessity No. 11356 is held by the district and shall reissue the certificate in the name of the district without further application, notice, or hearing. A person does not have a right to protest or request an administrative review of the transfer prescribed by this section.

Sec. 7212.024. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2012. [Sections 7212.025-7212.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 7212.051. DIRECTORS. The district is governed by a board of not fewer than 5 and not more than 11 directors. [Sections 7212.052-7212.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 7212.101. GENERAL POWERS. Except as otherwise provided by this chapter, the district has all of the rights, powers, privileges, functions, and duties provided by the general law of this state, including Chapters 49 and 65, Water Code, applicable to special utility districts created under Section 59, Article XVI, Texas Constitution.

Sec. 7212.102. WATER SERVICE IMPACT FEE. (a) The district may charge a water service impact fee that is not greater than the sum of the capital improvement fee and connection fee charged by the Goforth Water Supply Corporation on December 31, 2006, under that corporation's tariff.

(b) Chapter 395, Local Government Code, does not apply to the initial water service impact fee set under this section.

(c) The district may increase the water service impact fee only as provided by Chapter 395, Local Government Code, or as approved by the Texas Commission on Environmental Quality.

SECTION 2. The Goforth Special Utility District initially includes all the territory contained in the following area: BEING that portion of Caldwell, Hays and Travis Counties, Texas, which has a boundary more particularly described as follows:

BEGINNING at a point on the Caldwell/Hays County Line on State Highway 21 and F.M. 2001 intersection;

THENCE with the centerline of Farm-to-Market Highway 2001 in a southerly direction to the southeast corner of a 92.51 acre Thaddeus C. McCormick, Jr. tract recorded in Book 326, Page 41 of the Caldwell County Deed Records;

THENCE with the south line of the 92.51 acre McCormick tract to its southwest corner and a point on the northeast line of the 168.30 acre Billie Williams, Ted Chastain and Barbara Hanna tract recorded in Book 67, Page 566 and Book 68, Page 451 of the Caldwell County Deed Records;

THENCE with the east line of the 168.30 acre Williams, Chastain and Hanna tract to its southeast corner and the northeast corner of a 103.04 acre Diana and Virgil Limon tract recorded in Book 182, Page 415 of the Caldwell County Deed Records;

THENCE with the north line of the 103.04 acre Limon tract to its northwest corner;

THENCE along the west line of the 103.04 acre Limon tract to the centerline of Brushy Creek;

THENCE downstream along the centerline of Brushy Creek in a southerly direction to the centerline of Rocky Road;

THENCE along Rocky Road in an easterly direction to the centerline of Farm-to-Market Highway 2001;

THENCE along the centerline of Farm-to-Market Highway 2001 in a southerly direction to the northeast corner of a 2.17 acre R. W. Reynolds tract recorded in Book 101, Page 1 of the Caldwell County Deed Records;

THENCE with the north line of the 2.17 acre Reynolds tract to its northwest corner;

THENCE with the west line of the 2.17 acre Reynolds tract to its southwest corner;

THENCE with the south line of the 2.17 acre Reynolds tract to the centerline of Farm-to-Market Highway 2001;

THENCE with the centerline of Farm-to-Market Highway 2001 in a southerly direction to the northeast corner of a 16.83 acre Rodney M. and Tracy Kennemer tract recorded in Book 111, page 950 of the Caldwell County Deed Records;

THENCE with the north line of the 16.83 acre Kennemer tract to its northwest corner;

THENCE with the west line of the 16.83 acre Kennemer tract to its southwest corner;

THENCE with the southwest line of the 16.83 acre Kennemer tract to the centerline of Farm-to-Market Highway 2001;

THENCE with the centerline of Farm-to-Market Highway 2001 in a southerly direction to a point being 1,000 feet north of Polonia Road;

THENCE in an easterly direction and 1,000 feet north of and parallel to Polonia Road crossing through a 148.8 acre Tina Wright Stephens Tract as originally owned by Pomp Brown and recorded in Volume 167 Page 461 of the Caldwell County Deed Records, and continuing across a 24.5 acre Donald and Rose Green tract recorded in Book 46, page 658 of the Caldwell County Deed Records, and continuing across a 24.65 acre and 195.6 acre Guy Jr. Family Trust recorded in Book 386, Page 10 of the Caldwell County Deed Records;

THENCE along the east line of the aforesaid Guy Jr. Family Trust to its northeast corner and on the south line of a 168.37 acre Thomas Ohlendorf tract recorded in Book 246, Page 236 of the Caldwell County Deed Records;

THENCE along the south line of the aforesaid Ohlendorf tract to its southeast corner;

THENCE along the east line of the aforesaid Ohlendorf tract to a point at the northeast corner of the George C. McWhorter Survey, Abstract No. 218 and on the west line of a 235.73 acre Spencewood, Inc. tract recorded in Book 153, Page 974 of the Caldwell County Deed Records;

THENCE in an easterly direction and crossing through the aforesaid Spencewood, Inc. tract, crossing Rolling Ridge Road to the southwest corner of a 100 acre Terrell Robert Schmidt tract recorded in Book 424, Page 585 of the Caldwell County Deed Records;

THENCE with the south line of the aforesaid Schmidt tract and the south line of a 168.9 acre Michael Doerr tract recorded in Book 146, Page 283 of the Caldwell County Deed Records to its southeast corner;

THENCE with the east line of the aforesaid Doerr tract to the southwest corner of a 166.2 acre Marvin and Carol Hubertus tract recorded in Book 447, Page 145 of the Caldwell County Deed Records;

THENCE with the south line of the aforesaid Hubertus tract to its southeast corner;

THENCE with the east line of the aforesaid Hubertus tract to the southwest corner of a 102.8 acre Edward Smith tract recorded in Book 366, Page 332 of the Caldwell County Deed Records;

THENCE with the south line of the aforesaid Smith tract to the centerline of U.S. Highway 183;

THENCE in a northerly direction with the centerline of U.S. Highway 183 to the southwest corner of a 328 acre Noel and Edward Smith tract recorded in Book 44, page 467 of the Caldwell County Deed Records;

THENCE in an easterly direction and with the south line of the Smith tract 500 feet;

THENCE in a northerly direction 500 feet east of and parallel to U.S. Highway 183 crossing through the aforesaid Smith tract and continuing through a 503.4 acre Spencewood, Inc. tract recorded in Book 184, Page 354 of the Caldwell County Deed Records and continuing through a 36 acre Edward Balser tract recorded in Book 4, Page 576 of the Caldwell County Deed Records and continuing 1,800 feet through a 97.8 acre Edward Balser tract recorded in Book 344 DR, Page 29 of the Caldwell County Deed Records;

THENCE in a westerly direction perpendicular to U.S. Highway 183 crossing the highway at 500 feet and continuing 500 feet into a 104.7 acre Edward Balser tract recorded in Book 247 DR, Page 29 of the Caldwell County Deed Records;

THENCE in a southerly direction and parallel to U.S. Highway 183 crossing through the aforesaid Balser tract to its south line;

THENCE in a westerly direction with the south line of the aforesaid Balser tract and the south line of an 88.83 acre Robert Frias tract recorded in Book 26, Pages 538-541 of the Caldwell County Deed Records and with the south line of an 81.32 acre Vernon Kasch tract recorded in Book 382, Page 766 of the Caldwell County Deed Records and south line of a 196.35 acre Norbert Ohlendorf tract recorded in Book 320 DR, page 181 of the Caldwell County Deed Records and at the northeast corner of a 20.29 acre Stephen McMillen tract recorded in Book 447, Page 473 of the Caldwell County Deed Records;

THENCE crossing through the aforesaid Ohlendorf tract to its north line and to the southeast corner of a 95.4 acre Gordon Griffin, Jr. tract recorded in Book 320, Page 181 of the Caldwell County Deed Records;

THENCE with the east line of the aforesaid Griffin tract and the east line of a 49.13 acre Gordon Griffin, Jr. tract recorded in Book 67, page 742 of the Caldwell County Deed Records and the east line of a 39.32 acre Stephanie Pepper tract recorded in Book 296, Page 364 of the Caldwell County Deed Records and the west line of a 40 acre David Ohlendorf tract recorded in Book 17, Page 5 of the Caldwell County Deed Records, crossing through a 90.35 acre Derek Herring tract recorded in Book 399, Page 839 of the Caldwell County Deed Records, and in a northerly direction crossing through a 10.0 acre Derek Herring tract recorded in Book 294, Page 152 and Book 336, page 5 of the Caldwell County Deed Records, and in a northerly direction crossing through a 152 acre David Ohlendorf tract recorded in Book 17, Page 5 of the Caldwell County Deed Records, to the southeast corner of a 20 acre Delon Wright tract recorded in Book 398, Page 487 of the Caldwell County Deed Records and continuing with the east line of the aforesaid Wright tract and continuing with the east line of a 40.54 acre Harry Buthwick tract recorded in Book 409, Page 112 of the Caldwell County Deed Records, and continuing with the east line of the 111.87 Rathgeber Family Partnership tract recorded in Book 432, Page 805 of the Caldwell County Deed Records and continuing with the west line of a 97 acre Gloria Matejowsky tract recorded in Book 107, Page 363 of the Caldwell County Deed Records to a point 1,000 feet southeast of the centerline of State Highway 21;

THENCE parallel to and 1,000 feet southeast of the centerline of State Highway 21 in an easterly direction crossing through the aforesaid Matejowsky tract to the southwest line of a 153.87 acre W. P. Stromberg tract recorded in Book 106, Page 473 of the Caldwell County Deed Records and continuing parallel to and 1,000 feet southeast of the centerline of State Highway 21, crossing Williamson Road and 500 feet into a 179.83 acre W. P. Stromberg tract recorded in Books 31, 123, 349, 353 and 344 DR, Pages 509, 35, 197, 675 and 153 respectively in the Caldwell County Deed Records;

THENCE in a northwesterly direction parallel to and 500 feet northeast of the southwest line of the aforesaid Stromberg tract and Williamson Road crossing State Highway 21 to the north line of Highway 21;

THENCE in an easterly direction with the north line of State Highway 21 and the south line of the Mustang Hills Ranch Subdivision to the southeast corner of the said subdivision;

THENCE with the northeast line of the aforesaid subdivision and the northeast line of a 33.83 acre Elvera Schaefer Le Doux tract recorded in Volume 5499, Page 2173 of the Travis County Deed Records and the northeast line of an 18.876 acre Laura Galaviz and Armida Gonzalez tract recorded as TR 1999066821 and the northeast line of a 0.531 acre Roma Schaefer tract recorded in Volume 7429, Page 566 of the Travis County Deed Records to the south corner of a 23.83 acre Alice Schaefer tract recorded in Volume 5499, Page 2173 of the Travis County Deed Records;

THENCE with the southeast line of the aforesaid Schaefer tract and the southeast line of a 12 acre David P. Krieger and Linda J. Kelly tract TR 2003099620 and the southeast line of an 11.006 acre Samuel Drew tract recorded in Volume 11699, Page 906 of the Travis County Deed Records and the southeast line of a 4.520 acre Gary L. Plant tract recorded in Volume 12488, Page 1541 of the Travis County Deed Records and the southeast line of a 9.00 acre Ronnie D. Plant tract TR 1999112227 and the southeast line of a 14.520 Preston W. Schultz tract recorded in Volume 12201, Page 755 of the Travis County Deed Records and the southeast line of a 14.520 acre Michael Pyle tract recorded in Volume 7112, page 1960 of the Travis County Deed Records and the southeast line of a 14.520 acre Howard Ulyssess tract recorded in Volume 8630, Page 910 of the Travis County Deed Records to its east corner and on the southwest line of Old Lockhart Road;

THENCE with the northeast line of the aforesaid Ulyssess tract and the southwest line of Old Lockhart Road to the north corner of the said Ulyssess tract to Elm Grove Road and with the northeast line of a 92.775 acre Alton B. Laws, III tract recorded in Volume 3931, Page 2021 of the Travis County Deed Records 1,000 feet to a point on Old Lockhart Road;

THENCE crossing through the aforesaid Laws tract in a southwest direction parallel to and 1,000 feet northwest of the Elm Grove Road to the southwest line of the said Laws tract and a point on the east line of Elm Grove Estates Subdivision;

THENCE with the northeast line of Elm Grove Estates to its north corner;

THENCE with the northwest line of Elm Grove Estates and the southeast line of a 223.25 acre H. Philip Whitworth, Jr. tract recorded in volume 12605, Page 836 of the Travis County Deed Records to a point 500 feet northeast of Williamson Road;

THENCE crossing through the aforesaid Whitworth tract and 500 feet parallel to and northeast of Williamson Road crossing Glass Road and entering into a 180.977 acre H. H. Alexander, Jr. tract recorded in Volume 12506, Page 10 of the Travis County Deed Records to a point being the extension of Goforth Road;

THENCE in a southwesterly direction crossing aforesaid Whitworth tract and Williamson Road and along Goforth Road crossing the Travis/Hays County Line and continuing with the east line of a 117.34 Acre Parcel 2, Tract 3 and a 100 acre Parcel 2, Tract 2 N. Harrison and V. Alexander tract recorded in Volume 1514, Page 421 of the Hays County Deed Records to its southeast corner;

THENCE in a northwesterly direction with the southwest line of the aforesaid Harrison and Alexander Parcel 2, Tract 2 and the northeast, northwest and northeast lines of Appaloosa Acres Subdivision to the east corner of Kai Vista Subdivision;

THENCE in a northwesterly direction with the northeast line of Kai Vista Subdivision and a 6.53 acre Marcelino Salazar, Jr. tract recorded in Book 2004, Page 313 of the Hays County Deed Records and a 5.72 acre Raymond Foley tract recorded in Book 944, Page 056 of the Hays County Deed Records and a 4.0 acre Hector Duran tract recorded in Book 697, Page 816 of the Hays County Deed Records to a point in Williamson Road;

THENCE along Williamson Road in a northerly direction to a point being 0.25 mile northeast of the easterly extension of Satterwhite Road;

THENCE in a westerly direction and 0.25 miles north of Satterwhite Road and crossing through a 313.8 acre Marvin Gaskamp tract recorded in Volume 194, Page 1 of the Hays County Deed Records to a point on the eastern line of the Triple R Ranchettes;

THENCE with the eastern line of the Triple R Ranchettes to its south corner;

THENCE with the southern line of the Triple R Ranchettes to South Turnersville Road;

THENCE with a northerly direction on South Turnersville Road to a point located 0.25 mile from Satterwhite Road and on the east line of a 1133.2 acre 2428 Partners LP tract recorded in Volume 2171, Page 280 of the Hays County Deed Records;

THENCE in a westerly direction parallel to and 0.25 mile north of Satterwhite Road crossing through the aforesaid 2428 Partners LP tract to a point located 0.5 mile east of F.M. Highway 2001;

THENCE in a northerly direction parallel to and 0.5 mile east of F.M. Highway 2001 and crossing through aforesaid 2428 Partners LP to a point located 0.25 mile north of an easterly extension of F.M. Highway 2001;

THENCE in a westerly direction parallel to and 0.25 mile north of F.M. Highway 2001 and crossing through aforesaid 2428 Partners LP to a point in Hays County Road #118;

THENCE in a northerly direction along Hays County Road #118 at the northeast corner of a 245.24 acre 2428 Partners LP tract recorded in Volume 2546, Page 235 of the Hays County Deed Records and continuing along Hays County Road #118 to a point being 221 Drive extended and on the east line of a 26.616 acre Hays Buda Investments, LP recorded in Book 964, Page 841 of the Hays County Deed Records;

THENCE crossing through aforesaid Hays Buda Investments tract along 221 Drive extended and crossing through a 6.11 acre Capital Excavation Company tract recorded in Document No. 9911696 of the Official Public Records of Hays County to the east end of 221 Drive;

THENCE west along 221 Drive to Interstate Highway 35;

THENCE in a southwesterly direction along I.H. 35 to Goforth Road;

THENCE in a westerly direction along Goforth Road and the north line of Lifschutz Subdivision No. 10 recorded in Book 142, Page 480 of the Hays County Deed Records to the northwest corner of said subdivision;

THENCE in a southerly direction with the west line of aforesaid Lifschutz Subdivision to it southwest corner and a point on the north line of Park 35 South Subdivision and the northwest corner of Lot 42 in Section Three;

THENCE continuing in a southerly direction along the west line of Park 35 South Subdivision Sections THREE, TWO AND ONE to I.H. 35;

THENCE in a southwesterly direction along I.H. 35 passing Hays County Road 131 to the southwest corner of a 1.08 acre BK Metro Land Co. tract recorded in Book 2532, Page 666 of the Hays County Deed Records;

THENCE continuing in an easterly direction with the south line of the aforesaid BK Metro Land Co. tract and the south line of a 5.27 acre Tex Best Properties tract recorded in Book 1982, Page 432 of the Hays County Deed Records;

THENCE with the west line of a 0.54 acre Raymond Camarillo tract recorded in Book 874, Page 576 of the Hays County Deed Records to its southwest corner;

THENCE with the south line of the aforesaid Camarillo tract and the south line of a 0.53 acre Alice Camarillo tract recorded in Book 948, Page 631 of the Hays County Deed Records and the south line of Windy Hill Subdivision to Hays County Road 131;

THENCE along Hays County Road #131 in a southerly direction and an easterly direction to Dacy Lane (Hays County Road #205);

THENCE in a southwesterly direction along Dacy Lane (Hays County Road #205) to Hays County Road #122;

THENCE in an easterly direction along County Road 122 to the east corner of Southlake Subdivision;

THENCE in a westerly direction with the southeast line of Southlake Subdivision and Southlake Ranch Subdivision to Hays County Road 157 (Goforth Road);

THENCE in a southeasterly direction along Goforth Road and in a northeasterly direction along Goforth Road to the west corner of Creeks Landing Subdivision;

THENCE with the southwest line of the Creeks Landing Subdivision to its south corner;

THENCE with the southeast line of the Creeks Landing Subdivision to the centerline of County Road 129;

THENCE along the centerline of County Road 129 in a southeasterly direction to the southwest corner of a 7.111 acre Constance A. and Harold E. Brown tract recorded in Book 729, Page 340 and Book 1639, Page 354 of the Hays County Deed Records;

THENCE with the northwest line of the 7.111 acre Brown tract to its north corner;

THENCE in a southeasterly direction with the northeast line of the 7.111 acre Brown tract and the northeast line of a 7.00 acre Pamela B. and Edward L. Moore tract recorded in Book 1091, Page 693 of the Hays County Deed Records and the northeast line of a 27.52 acre Larry Forrest tract recorded in Book 1514, Page 905, Book 611, Page 854 and Book 745, Page 419 of the Hays County Deed Records and the northeast line of the 100.312 acre Albert Busse, Jr. tract to a point in the southwest line of a 249.751 acre B. Haney tract recorded in Volume 2573, Page 559 of the Hays County Deed Records;

THENCE with the northwest line of the 249.751 acre Haney tract to the centerline of County Road 129;

THENCE with the centerline of County Road 129 in a southeasterly direction to the east corner of the said Haney tract and the west corner of a 34.803 acre S. M. Beate and Danny R. Wilson tract recorded in Book 1689, Page 884 and Book 1831, Page 497 of the Hays County Deed Records;

THENCE with the northwest line of the 34.803 acre Beate and Wilson tract to its north corner;

THENCE with the northeast line of the 34.803 acre Beate and Wilson tract to a point on the northwest line of a 22.285 acre Judy L. and David J. Dearmon tract recorded in Book 2471, Page 223 of the Hays County Deed Records;

THENCE with the northwest line of the 22.285 acre Dearmon tract to its north corner;

THENCE with the northeast line of the 22.285 acre Dearmon tract to its east corner and a point in the northwest line of a 22.12 acre Mary and John C. Anderson tract recorded in Book 678, Page 218 of the Hays County Deed Records;

THENCE with the northwest line of the 22.12 acre Anderson tract and the northwest line of the 44.022 acre Nimmi B. and Bernard H. Zalcman tract recorded in Book 902, Page 639 of the Hays County Deed Records to a point in the centerline of County Road 127;

THENCE along the centerline of County Road 127 in a southeasterly direction to the west corner of a 202.863 acre S. R. Scott Family, L.P. tract recorded in Book 1703, Page 587 of the Hays County Deed Records;

THENCE with the northwest line of the 202.863 acre Scott tract to its north corner;

THENCE with the northeast line of the 202.863 acre Scott tract and a northeast line of a 224.518 acre Cynthia Dianne Hughes tract recorded in Book 2084, Page 707 and Book 2085, Page 589 of the Hays County Deed Records to the south corner of a 235.557 acre DALCAL #1, LTD tract recorded in Book 2053, Page 878 and DALCAL #3, L.P. recorded in Book 2283, Page 749 and Book 2251, Page 846 of the Hays County Deed Records;

THENCE with the southeast and southwest lines of the 235.557 acre DALCAL tracts to a point on the Hays/Caldwell County Line;

THENCE continuing along the DALCAL tracts and along the Hays/Caldwell County line in a northeasterly direction to the west corner of a 10.005 acre Vonda E. and Burt A. Bronaugh, Jr. tract recorded in Book 162, Page 143 of the Hays County Deed Records;

THENCE into Caldwell County with the southwest line of the 10.005 acre Bronaugh tract to the centerline of State Highway 21;

THENCE with the centerline of State Highway 21 in a northeasterly direction to the centerline of Farm-to-Market Highway 2001 and POINT OF BEGINNING;

LESS AND EXCEPT the Rolling Hills Estates Subdivision bounded on the west by HCR 131 and on the north by FM Highway 2001;

AND LESS AND EXCEPT the Green Pastures Subdivision and Palomino Acres Subdivision included within the following boundary:

BEGINNING at the intersection of HCR 131 and Dacy Lane;

THENCE in an easterly direction on Hays County Road 131 to a point on the northwest line of Palomino Acres Subdivision to its west corner;

THENCE with the southwest line of the Palomino Acres Subdivision to Hays County Road 157;

THENCE in a southwesterly direction on Hays County Road 157 to the north corner of Green Pastures Subdivision;

THENCE with a northeast line and a northeast line of Green Pastures Subdivision to its east corner;

THENCE with the southeast line of Green Pastures Subdivision to its south corner on Hays County Road 127;

THENCE in a northwesterly direction of Hays County Road 127 to the west corner of Green Pastures Subdivision and the east corner of Sunrise Acres Subdivision;

THENCE in a northerly direction along the common line of Green Pastures and Sunrise Acres to the northwest corner of Green Pastures;

THENCE in a westerly direction along the north lines of Sunrise Acres Subdivision to County Road 205 (Dacy Lane);

THENCE in a northeasterly direction along Dacy Lane to the POINT OF BEGINNING.

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 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, lieutenant governor, and speaker of the house of representatives within the required time.

(d) The general law relating to consent by political subdivisions to the creation of a conservation and reclamation district and the inclusion of land in the district has been complied with. 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 immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.