By: Fraser  S.B. No. 1009
         (In the Senate - Filed March 1, 2013; March 12, 2013, read
  first time and referred to Committee on Intergovernmental
  Relations; April 4, 2013, reported favorably by the following
  vote:  Yeas 5, Nays 0; April 4, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the creation of Burnet County Improvement District No.
  1; providing authority to levy an assessment, impose a tax, and
  issue bonds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 4, Special District Local Laws
  Code, is amended by adding Chapter 3913 to read as follows:
  CHAPTER 3913.  BURNET COUNTY IMPROVEMENT DISTRICT NO. 1
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3913.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "County" means Burnet County.
               (3)  "Director" means a board member.
               (4)  "District" means the Burnet County Improvement
  District No. 1.
         Sec. 3913.002.  NATURE OF DISTRICT. The Burnet County
  Improvement District No. 1 is a special district created under
  Section 59, Article XVI, Texas Constitution.
         Sec. 3913.003.  PURPOSE; DECLARATION OF INTENT. (a)  The
  creation of the district is essential to accomplish the purposes of
  Sections 52 and 52-a, Article III, and Section 59, Article XVI,
  Texas Constitution, and other public purposes stated in this
  chapter. By creating the district and in authorizing the county and
  other political subdivisions to contract with the district, the
  legislature has established a program to accomplish the public
  purposes set out in Section 52-a, Article III, Texas Constitution.
         (b)  The creation of the district is necessary to promote,
  develop, encourage, and maintain employment, commerce,
  transportation, housing, tourism, recreation, the arts,
  entertainment, economic development, safety, and the public
  welfare in the district.
         (c)  This chapter and the creation of the district may not be
  interpreted to relieve the county from providing the level of
  services provided as of the effective date of the Act enacting this
  chapter to the area in the district. The district is created to
  supplement and not to supplant county services provided in the
  district.
         Sec. 3913.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
  (a)  The district is created to serve a public use and benefit.
         (b)  All land and other property included in the district
  will benefit from the improvements and services to be provided by
  the district under powers conferred by Sections 52 and 52-a,
  Article III, and Section 59, Article XVI, Texas Constitution, and
  other powers granted under this chapter.
         (c)  The creation of the district is in the public interest
  and is essential to further the public purposes of:
               (1)  developing and diversifying the economy of the
  state;
               (2)  eliminating unemployment and underemployment; and
               (3)  developing or expanding transportation and
  commerce.
         (d)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, potential employees, employees, visitors,
  and consumers in the district, and of the public;
               (2)  provide needed funding for the district to
  preserve, maintain, and enhance the economic health and vitality of
  the district territory as a community and business center;
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways and by landscaping and
  developing certain areas in the district, which are necessary for
  the restoration, preservation, and enhancement of scenic beauty;
  and
               (4)  provide for water, wastewater, drainage, road, and
  recreational facilities for the district.
         (e)  Pedestrian ways along or across a street, whether at
  grade or above or below the surface, and street lighting, street
  landscaping, parking, and street art objects are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (f)  The district will not act as the agent or
  instrumentality of any private interest even though the district
  will benefit many private interests as well as the public.
         Sec. 3913.005.  INITIAL DISTRICT TERRITORY. (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting this chapter form a closure. A mistake in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for the purposes
  for which the district is created or to pay the principal of and
  interest on the bond;
               (3)  right to impose or collect an assessment or tax; or
               (4)  legality or operation.
         Sec. 3913.006.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
  All or any part of the area of the district is eligible to be
  included in:
               (1)  a tax increment reinvestment zone created under
  Chapter 311, Tax Code;
               (2)  a tax abatement reinvestment zone created under
  Chapter 312, Tax Code;
               (3)  an enterprise zone created under Chapter 2303,
  Government Code; or
               (4)  an industrial district created under Chapter 42,
  Local Government Code.
         Sec. 3913.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3913.008.  CONSTRUCTION OF CHAPTER. This chapter shall
  be liberally construed in conformity with the findings and purposes
  stated in this chapter.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3913.051.  GOVERNING BODY; TERMS. The district is
  governed by a board of five voting directors who serve staggered
  terms of four years, with two or three directors' terms expiring
  June 1 of each odd-numbered year.
         Sec. 3913.052.  APPOINTMENT OF VOTING DIRECTORS. The Texas
  Commission on Environmental Quality shall appoint voting directors
  from persons recommended by the board.
         Sec. 3913.053.  NONVOTING DIRECTORS. The board may appoint
  nonvoting directors to serve at the pleasure of the voting
  directors.
         Sec. 3913.054.  QUORUM. For purposes of determining the
  requirements for a quorum of the board, the following are not
  counted:
               (1)  a board position vacant for any reason, including
  death, resignation, or disqualification;
               (2)  a director who is abstaining from participation in
  a vote because of a conflict of interest; or
               (3)  a nonvoting director.
         Sec. 3913.055.  COMPENSATION. A director is entitled to
  receive fees of office and reimbursement for actual expenses as
  provided by Section 49.060, Water Code. Sections 375.069 and
  375.070, Local Government Code, do not apply to the board.
         Sec. 3913.056.  INITIAL VOTING DIRECTORS. (a)  The initial
  board consists of the following voting directors:
 
       Pos. No. Name of Director
 
       1 Casey Hoffman
 
       2 Sarah Foster
 
       3 Patricia Vojack
 
       4 Sara Woomer
 
       5 Kevin Zarling
         (b)  Of the initial directors, the terms of directors
  appointed for positions one through three expire June 1, 2015, and
  the terms of directors appointed for positions four and five expire
  June 1, 2017.
         (c)  Section 3913.052 does not apply to this section.
         (d)  This section expires September 1, 2017.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3913.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3913.102.  IMPROVEMENT PROJECTS AND SERVICES. The
  district may provide, design, construct, acquire, improve,
  relocate, operate, maintain, or finance an improvement project or
  service using any money available to the district, or contract with
  a governmental or private entity to provide, design, construct,
  acquire, improve, relocate, operate, maintain, or finance an
  improvement project or service authorized under this chapter or
  Chapter 375, Local Government Code.
         Sec. 3913.103.  DEVELOPMENT CORPORATION POWERS. The
  district, using money available to the district, may exercise the
  powers given to a development corporation under Chapter 505, Local
  Government Code, including the power to own, operate, acquire,
  construct, lease, improve, or maintain a project under that
  chapter.
         Sec. 3913.104.  NONPROFIT CORPORATION. (a)  The board by
  resolution may authorize the creation of a nonprofit corporation to
  assist and act for the district in implementing a project or
  providing a service authorized by this chapter.
         (b)  The nonprofit corporation:
               (1)  has each power of and is considered to be a local
  government corporation created under Subchapter D, Chapter 431,
  Transportation Code; and
               (2)  may implement any project and provide any service
  authorized by this chapter.
         (c)  The board shall appoint the board of directors of the
  nonprofit corporation. The board of directors of the nonprofit
  corporation shall serve in the same manner as the board of directors
  of a local government corporation created under Subchapter D,
  Chapter 431, Transportation Code, except that a board member is not
  required to reside in the district.
         Sec. 3913.105.  AGREEMENTS; GRANTS. (a)  As provided by
  Chapter 375, Local Government Code, the district may make an
  agreement with or accept a gift, grant, or loan from any person.
         (b)  The implementation of a project is a governmental
  function or service for the purposes of Chapter 791, Government
  Code.
         Sec. 3913.106.  LAW ENFORCEMENT SERVICES. To protect the
  public interest, the district may contract with a qualified party,
  including the county, to provide law enforcement services in the
  district for a fee.
         Sec. 3913.107.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
  district may join and pay dues to a charitable or nonprofit
  organization that performs a service or provides an activity
  consistent with the furtherance of a district purpose.
         Sec. 3913.108.  ECONOMIC DEVELOPMENT. (a)  The district may
  engage in activities that accomplish the economic development
  purposes of the district.
         (b)  The district may establish and provide for the
  administration of one or more programs to promote state or local
  economic development and to stimulate business and commercial
  activity in the district, including programs to:
               (1)  make loans and grants of public money; and
               (2)  provide district personnel and services.
         (c)  The district may create economic development programs
  and exercise the economic development powers provided to
  municipalities by:
               (1)  Chapter 380, Local Government Code; and
               (2)  Subchapter A, Chapter 1509, Government Code.
         Sec. 3913.109.  PARKING FACILITIES. (a)  The district may
  acquire, lease as lessor or lessee, construct, develop, own,
  operate, and maintain parking facilities or a system of parking
  facilities, including lots, garages, parking terminals, or other
  structures or accommodations for parking motor vehicles off the
  streets and related appurtenances.
         (b)  The district's parking facilities serve the public
  purposes of the district and are owned, used, and held for a public
  purpose even if leased or operated by a private entity for a term of
  years.
         (c)  The district's parking facilities are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (d)  The development and operation of the district's parking
  facilities may be considered an economic development program.
         Sec. 3913.110.  ANNEXATION OF LAND. The district may annex
  land as provided by Subchapter J, Chapter 49, Water Code.
         Sec. 3913.111.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3913.151.  DISBURSEMENTS AND TRANSFERS OF MONEY. The
  board by resolution shall establish the number of directors'
  signatures and the procedure required for a disbursement or
  transfer of district money.
         Sec. 3913.152.  MONEY USED FOR IMPROVEMENTS OR SERVICES.
  The district may acquire, construct, finance, operate, or maintain
  any improvement or service authorized under this chapter or Chapter
  375, Local Government Code, using any money available to the
  district.
         Sec. 3913.153.  PETITION REQUIRED FOR FINANCING SERVICES AND
  IMPROVEMENTS WITH ASSESSMENTS. (a)  The board may not finance a
  service or improvement project with assessments under this chapter
  unless a written petition requesting that service or improvement
  has been filed with the board.
         (b)  A petition filed under Subsection (a) must be signed by
  the owners of a majority of the assessed value of real property in
  the district subject to assessment according to the most recent
  certified tax appraisal roll for the county.
         Sec. 3913.154.  ASSESSMENTS; LIENS FOR ASSESSMENTS.
  (a)  The board by resolution may impose and collect an assessment
  for any purpose authorized by this chapter in all or any part of the
  district.
         (b)  An assessment, a reassessment, or an assessment
  resulting from an addition to or correction of the assessment roll
  by the district, penalties and interest on an assessment or
  reassessment, an expense of collection, and reasonable attorney's
  fees incurred by the district:
               (1)  are a first and prior lien against the property
  assessed;
               (2)  are superior to any other lien or claim other than
  a lien or claim for county, school district, or municipal ad valorem
  taxes; and
               (3)  are the personal liability of and a charge against
  the owners of the property even if the owners are not named in the
  assessment proceedings.
         (c)  The lien is effective from the date of the board's
  resolution imposing the assessment until the date the assessment is
  paid. The board may enforce the lien in the same manner that the
  board may enforce an ad valorem tax lien against real property.
         (d)  The board may make a correction to or deletion from the
  assessment roll that does not increase the amount of assessment of
  any parcel of land without providing notice and holding a hearing in
  the manner required for additional assessments.
         Sec. 3913.155.  RESIDENTIAL PROPERTY NOT EXEMPT. Section
  375.161, Local Government Code, does not apply to a tax authorized
  or approved by the district voters or a required payment for service
  provided by the district, including water and sewer services.
         Sec. 3913.156.  TAX AND ASSESSMENT ABATEMENTS.  The district
  may designate reinvestment zones and may grant abatements of a tax
  or assessment on property in the zones.
  SUBCHAPTER E. TAXES AND BONDS
         Sec. 3913.201.  ELECTIONS REGARDING TAXES AND BONDS.
  (a)  The district may issue, without an election, bonds, notes, and
  other obligations secured by:
               (1)  revenue other than ad valorem taxes; or
               (2)  contract payments described by Section 3913.203.
         (b)  The district must hold an election in the manner
  provided by Subchapter L, Chapter 375, Local Government Code, to
  obtain voter approval before the district may impose an ad valorem
  tax or issue bonds payable from ad valorem taxes.
         (c)  Section 375.243, Local Government Code, does not apply
  to the district.
         (d)  All or any part of any facilities or improvements that
  may be acquired by a district by the issuance of its bonds may be
  submitted as a single proposition or as several propositions to be
  voted on at the election.
         Sec. 3913.202.  OPERATION AND MAINTENANCE TAX. (a)  If
  authorized by a majority of the district voters voting at an
  election held in accordance with Section 3913.201, the district may
  impose an operation and maintenance tax on taxable property in the
  district in accordance with Section 49.107, Water Code, for any
  district purpose, including to:
               (1)  maintain and operate the district;
               (2)  construct or acquire improvements; or
               (3)  provide a service.
         (b)  The board shall determine the tax rate. The rate may not
  exceed the rate approved at the election.
         Sec. 3913.203.  CONTRACT TAXES. (a)  In accordance with
  Section 49.108, Water Code, the district may impose a tax other than
  an operation and maintenance tax and use the revenue derived from
  the tax to make payments under a contract after the provisions of
  the contract have been approved by a majority of the district voters
  voting at an election held for that purpose.
         (b)  A contract approved by the district voters may contain a
  provision stating that the contract may be modified or amended by
  the board without further voter approval.
         Sec. 3913.204.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
  AND OTHER OBLIGATIONS. (a)  The district may borrow money on terms
  determined by the board. Section 375.205, Local Government Code,
  does not apply to a loan, line of credit, or other borrowing from a
  bank or financial institution secured by revenue other than ad
  valorem taxes.
         (b)  The district may issue bonds, notes, or other
  obligations payable wholly or partly from ad valorem taxes,
  assessments, impact fees, revenue, contract payments, grants, or
  other district money, or any combination of those sources of money,
  to pay for any authorized district purpose.
         Sec. 3913.205.  TAXES FOR BONDS. At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of a continuing
  direct annual ad valorem tax, without limit as to rate or amount,
  for each year that all or part of the bonds are outstanding as
  required and in the manner provided by Sections 54.601 and 54.602,
  Water Code.
  SUBCHAPTER F. DEFINED AREAS
         Sec. 3913.251.  AUTHORITY TO ESTABLISH DEFINED AREAS OR
  DESIGNATED PROPERTY. The district may define areas or designate
  certain property of the district to pay for improvements,
  facilities, or services that primarily benefit that area or
  property and do not generally and directly benefit the district as a
  whole.
         Sec. 3913.252.  PROCEDURE FOR ELECTION. (a)  Before the
  district may impose an ad valorem tax or issue bonds payable from ad
  valorem taxes of the area defined or property designated under
  Section 3913.251, the board shall call and hold an election in the
  defined area or within the boundaries of the designated property
  only.
         (b)  The board may submit the proposition to the voters on
  the same ballot to be used in another election.
         Sec. 3913.253.  DECLARING RESULT AND ISSUING ORDER. (a)  If
  a majority of the voters voting at the election approve the
  proposition or propositions, the board shall declare the results
  and, by order, shall establish the defined area and describe it by
  metes and bounds or designate the specific property.
         (b)  The board's order is not subject to judicial review
  except on the grounds of fraud, palpable error, or arbitrary and
  confiscatory abuse of discretion.
         Sec. 3913.254.  TAXES FOR SERVICES, IMPROVEMENTS, AND
  FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
  approval and adoption of the order described by Section 3913.253,
  the district may apply separately, differently, equitably, and
  specifically its taxing power and lien authority to the defined
  area or designated property to provide money to construct,
  administer, maintain, and operate services, improvements, and
  facilities that primarily benefit the defined area or designated
  property.
         Sec. 3913.255.  ISSUANCE OF BONDS FOR DEFINED AREAS OR
  DESIGNATED PROPERTY. After the order under Section 3913.253 is
  adopted, the district may issue bonds to provide for any land,
  improvements, facilities, plants, equipment, and appliances for
  the defined area or designated property.
         SECTION 2.  The Burnet County Improvement District No. 1
  initially includes all territory contained in the following area:
         A DESCRIPTION OF 412.315 ACRES, BEING OUT OF THE MARIA C.
  SALINAS SURVEY NO. 17, ABSTRACT NO. 776, THE W.W. BURTON SURVEY NO.
  15, ABSTRACT NO. 1809, THE MARK GRIGSBY SURVEY NO. 530, ABSTRACT NO.
  332 AND THE G.T. R.R. CO. SURVEY NO. 344, ABSTRACT NO. 2755 IN
  BURNET COUNTY, TEXAS, COMPRISED OF THE FOLLOWING TRACTS OF LAND:
         ALL OF A 334.08 ACRE TRACT CONVEYED TO RALPH B. THOMAS AND
  BETTE P. THOMAS IN A GENERAL WARRANTY DEED DATED FEBRUARY 5, 2007
  AND RECORDED IN DOCUMENT NO. 0701526 OF THE OFFICIAL PUBLIC RECORDS
  OF BURNET COUNTY, TEXAS.
         A PORTION OF TRACTS II (CALLED 44.998 ACRES), IIIA (CALLED
  26.923 ACRES) AND ALL OF TRACT IIIB (CALLED 9.801 ACRES) CONVEYED TO
  RALPH BOWMAN THOMAS IN A GENERAL WARRANTY DEED DATED FEBRUARY 21,
  1994 AND RECORDED IN VOLUME 592, PAGE 99 OF THE REAL PROPERTY
  RECORDS OF BURNET COUNTY, TEXAS, DULY RECORDED IN VOLUME 12112,
  PAGE 1719 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, AND
  BY QUITCLAIM DEED DATED JANUARY 19, 1999 AND RECORDED IN VOLUME
  13366, PAGE 1241 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,
  TEXAS.
         ALL OF A 10.15 ACRE TRACT CONVEYED TO RALPH BOWMAN THOMAS IN A
  GENERAL WARRANTY DEED DATED MARCH 10, 1994 AND RECORDED IN VOLUME
  596, PAGE 477 OF THE REAL PROPERTY RECORDS OF BURNET COUNTY, TEXAS.
         A PORTION OF A 10.0 ACRE TRACT CONVEYED TO RALPH BOWMAN THOMAS
  IN A GENERAL WARRANTY DEED DATED MARCH 30, 1994 AND RECORDED IN
  VOLUME 599, PAGE 115 OF THE REAL PROPERTY RECORDS OF BURNET COUNTY,
  TEXAS.
         ALL OF A 10.07 ACRE TRACT CONVEYED TO RALPH BOWMAN THOMAS IN A
  GENERAL WARRANTY DEED DATED APRIL 26, 1994 AND RECORDED IN VOLUME
  602, PAGE 463 OF THE REAL PROPERTY RECORDS OF BURNET COUNTY, TEXAS.
         A PORTION OF AN 85.237 ACRE TRACT CONVEYED TO RALPH BOWMAN
  THOMAS IN A QUITCLAIM DEED DATED JANUARY 19, 1999 AND RECORDED IN
  VOLUME 13366, PAGE 1217 OF THE REAL PROPERTY RECORDS OF TRAVIS
  COUNTY, TEXAS.
         ALL OF A 10.00 ACRE TRACT CONVEYED TO RALPH BOWMAN THOMAS IN A
  WARRANTY DEED DATED JUNE 1, 1999 AND RECORDED IN DOCUMENT NO.
  1999056870 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS.
         SAID 412.315 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES
  AND BOUNDS AS FOLLOWS:
         BEGINNING at a Mag nail found in concrete in the south
  right-of-way line of County Road 404 (right-of-way width varies),
  being the northwest corner of said 334.08 acre tract, being the
  northeast corner of a 316.681 acre tract described in Volume 1377,
  Page 647 of the Real Property Records of Burnet County, Texas;
         THENCE with the south right-of-way line of County Road 404
  and the north line of said 334.08 acre tract, the following five (5)
  courses and distances:
         1.  South 67°38'54" East, a distance of 816.85 feet to an 8"
  cedar fence post found;
         2.  South 84°53'42" East, a distance of 527.84 feet to an 8"
  cedar fence post found;
         3.  North 78°47'35" East, a distance of 754.99 feet to a 1/2"
  rebar with "Chaparral" cap set;
         4.  South 74°47'17" East, a distance of 67.66 feet to an 8"
  cedar fence post found;
         5.  South 51°23'59" East, a distance of 750.72 feet to an 8"
  cedar fence post found for the northeast corner of said 334.08 acre
  tract, being the northwest corner of a 13 acre tract described in
  Volume 530, Page 500 of the Real Property Records of Travis County,
  Texas;
         THENCE South 01°54'37" East, with the east line of said 334.08
  acre tract and the west line of the said 13 acre tract, a distance of
  951.09 feet to a 1/2" rebar found for the southwest corner of said
  13 acre tract, being the northwest corner of said 9.801 acre tract;
         THENCE South 84°53'45" East, with the north line of said 9.801
  acre tract and the south line of said 13 acre tract, a distance of
  1159.53 feet to a spindle with "Chaparral" washer set for an angle
  point in the west line of said 44.998 acre tract;
         THENCE North 02°45'53" West, crossing said 13 acre tract, with
  the west line of said 44.998 acre tract, a distance of 225.13 feet
  to a 1/2" rebar with cap found in the south right-of-way line of
  Paleface Ranch Road (right-of-way width varies), being the
  northwest corner of said 44.998 acre tract;
         THENCE with the south right-of-way line of Paleface Ranch
  Road and the north line of said 44.998 acre tract, the following
  eight (8) courses and distances:
         1.  South 85°07'39" East, a distance of 185.55 feet to a 1/2"
  rebar with "Chaparral" cap set;
         2.  South 70°29'30" East, a distance of 75.84 feet to a 1/2"
  rebar found;
         3.  South 63°32'09" East, a distance of 141.62 feet to a 1/2"
  rebar found;
         4.  South 61°56'20" East, a distance of 65.77 feet to a 1/2"
  rebar found;
         5.  South 53°33'04" East, a distance of 26.35 feet to a 1/2"
  rebar found;
         6.  South 45°49'56" East, a distance of 128.13 feet to a 1/2"
  rebar found;
         7.  South 28°54'03" East, a distance of 104.91 feet to a 1/2"
  rebar with "Chaparral" cap set;
         8.  South 18°11'27" East, a distance of 150.82 feet to a
  calculated point in the southeast line of Burnet County, being the
  northwest line of Travis County, from which a calculated angle
  point in said County line at grid coordinates N 10141050.73, E
  3000806.96, bears North 28°40'00" East, a distance of 6413.89 feet,
  and also from which a 1-1/4" iron pipe found in the southwest
  right-of-way line of Paleface Ranch Road, being the northeast
  corner of said 44.998 acre tract, being the northernmost corner of
  said 85.237 acre tract, bears South 18°11'27" East, a distance of
  6.22 feet, then South 05°12'24" East, a distance of 10.82 feet;
         THENCE South 28°40'00" West, crossing said 44.998 acre tract,
  said 10.0 acre tract described in Volume 599, Page 115, said 26.923
  acre tract, and said 85.237 acre tract, with said county line, a
  distance of 3561.58 feet to a calculated point in the south line of
  said 334.08 acre tract, being in the north line of a 709.419 acre
  tract described in Document No. 2006005737 of the Official Public
  Records of Travis County, Texas, from which a calculated point at
  the location of a 6" by 6" by 44" tall concrete monument, grid
  coordinates N 10125649.79, E 2992386.79, marking the intersection
  of Travis, Burnet and Blanco counties and referenced in Document
  No. 2006005737 of the Official Public Records of Travis County,
  Texas, bears South 28°40'00" West, a distance of 7578.73 feet, and
  also from which a 1/2" rebar with "RPLS 4532" cap found for the
  southeast corner of said 334.08 acre tract, being the northeast
  corner of said 709.419 acre tract, also being an angle point in the
  west line of said 26.923 acre tract, bears North 88°39'23" East, a
  distance of 4.08 feet;
         THENCE South 88°39'23" West, with the south line of said
  334.08 acre tract and the north line of said 709.419 acre tract, a
  distance of 2317.20 feet to a 1/2" rebar found for the northwest
  corner of said 709.419 acre tract, being the northeast corner of a
  680.247 acre tract described in Document No. 0709805 of the
  Official Public Records of Burnet County, Texas;
         THENCE South 88°53'11" West, with the south line of said
  334.08 acre tract and the north line of said 680.247 acre tract, a
  distance of 977.10 feet to a 1/2" rebar found for the southwest
  corner of said 334.08 acre tract, being an angle point in the north
  line of said 680.247 acre tract, being also the southeast corner of
  said 316.681 acre tract;
         THENCE with the west line of said 334.08 acre tract and the
  east line of said 316.681 acre tract, the following two (2) courses
  and distances:
         1.  North 05°26'58" East, a distance of 2358.74 feet to a 60d
  nail found;
         2.  North 05°32'10" East, a distance of 2864.67 feet to the
  POINT OF BEGINNING, containing 412.315 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,
  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 districts with conservation,
  reclamation, and road powers and the inclusion of land in those
  districts has been complied with.
         (e)  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 have been
  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, 2013.
 
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