Bill Text: TX HB1710 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the creation of the Rio de Vida Planning and Improvement District No. 1; providing authority to levy an assessment, impose a tax, and issue bonds.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-31 - Recommendations filed with the Speaker [HB1710 Detail]
Download: Texas-2011-HB1710-Introduced.html
82R4970 NAJ-F | ||
By: Dukes | H.B. No. 1710 |
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relating to the creation of the Rio de Vida Planning and 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 3867 to read as follows: | ||
CHAPTER 3867. RIO DE VIDA PLANNING AND IMPROVEMENT | ||
DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3867.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Austin, Texas. | ||
(3) "County" means Travis County. | ||
(4) "Director" means a board member. | ||
(5) "District" means the Rio de Vida Planning and | ||
Improvement District No. 1. | ||
(6) "Improvement project" means a project authorized | ||
by Section 3867.102 or Subchapter C-1. | ||
Sec. 3867.002. CREATION AND NATURE OF DISTRICT. The | ||
district is a special district created under Section 59, Article | ||
XVI, Texas Constitution. | ||
Sec. 3867.003. 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 city, 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 city or 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 city and county services | ||
provided in the district. | ||
Sec. 3867.004. 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; and | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing pedestrian ways and public gardens and by | ||
landscaping and developing certain areas in the district, which are | ||
necessary for the restoration, preservation, and enhancement of | ||
scenic beauty. | ||
(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. 3867.005. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 2 of the Act enacting | ||
this chapter, as that territory may have been modified under | ||
Section 3867.110 or other law. | ||
(b) The boundaries and field notes of the district contained | ||
in Section 2 of the Act enacting this chapter form a closure. A | ||
mistake in the field notes of the district contained in Section 2 of | ||
the Act enacting this chapter 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 or other obligation | ||
for a purpose 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. 3867.006. 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 abatement reinvestment zone created under | ||
Chapter 312, Tax Code; | ||
(2) an enterprise zone created under Chapter 2303, | ||
Government Code; or | ||
(3) an industrial district created under Chapter 42, | ||
Local Government Code. | ||
Sec. 3867.007. MUNICIPAL CONSENT REQUIRED. (a) The | ||
district may not hold an election under Subchapter E until each | ||
municipality in whose corporate limits or extraterritorial | ||
jurisdiction the district is located consents by ordinance or | ||
resolution to: | ||
(1) the district's creation; and | ||
(2) the inclusion of the municipality's land in the | ||
district. | ||
(b) Consent issued by the city under Subsection (a) may | ||
include terms relating to: | ||
(1) annexation by the city under Subchapter J; and | ||
(2) the continuation of all or a portion of the | ||
district's operations after annexation by the city under Subchapter | ||
J. | ||
Sec. 3867.008. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3867.009. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed in conformity with the | ||
findings and purposes stated in this chapter. | ||
[Sections 3867.010-3867.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3867.051. 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. 3867.052. APPOINTMENT OF DIRECTORS. (a) Except as | ||
provided by Subsection (c), the members of the governing body of the | ||
city shall appoint four directors from persons recommended by the | ||
board and one director who has at least 15 years of experience in | ||
the commercial real estate industry. | ||
(b) A person is appointed if a majority of the members of the | ||
governing body vote to appoint the person. | ||
(c) Beginning on January 1, 2041, the members of the | ||
governing body of the city may appoint directors without the | ||
recommendation of the board. This subsection applies only to a | ||
director whose term expires on or after January 1, 2041. | ||
Sec. 3867.053. QUALIFICATIONS. To be qualified to serve as | ||
a director, a person must: | ||
(1) reside in the district; or | ||
(2) own real property in the district. | ||
Sec. 3867.054. 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; or | ||
(2) a director who is abstaining from participation in | ||
a vote because of a conflict of interest. | ||
Sec. 3867.055. 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. 3867.056. INITIAL DIRECTORS. (a) The initial board | ||
consists of: | ||
Pos. No. Name of Director | ||
1 ________________ | ||
2 ________________ | ||
3 ________________ | ||
4 ________________ | ||
5 ________________ | ||
(b) Of the initial directors, the terms of directors serving | ||
in positions 1, 2, and 3 expire June 1, 2013, and the terms of | ||
directors serving in positions 4 and 5 expire June 1, 2015. | ||
(c) Section 3867.052 does not apply to the initial | ||
directors. | ||
(d) This section expires September 1, 2015. | ||
[Sections 3867.057-3867.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3867.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3867.102. IMPROVEMENT PROJECTS AND SERVICES. The | ||
district may provide, design, construct, acquire, improve, | ||
relocate, operate, maintain, or finance an improvement project or | ||
service using 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, | ||
including a project or service described by Subchapter C-1, or | ||
under Chapter 375, Local Government Code. | ||
Sec. 3867.103. 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. 3867.104. 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. 3867.105. LAW ENFORCEMENT SERVICES. To protect the | ||
public interest, the district may contract with a qualified party, | ||
including the county or the city, to provide law enforcement | ||
services in the district for a fee. | ||
Sec. 3867.106. 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. 3867.107. 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 that: | ||
(1) Chapter 380, Local Government Code, provides to a | ||
municipality; and | ||
(2) Subchapter A, Chapter 1509, Government Code, | ||
provides to a municipality. | ||
Sec. 3867.108. 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. 3867.109. STRATEGIC PARTNERSHIP AGREEMENT. The | ||
district may negotiate and enter into a written strategic | ||
partnership agreement with a municipality under Section 43.0751, | ||
Local Government Code. | ||
Sec. 3867.110. ANNEXATION OR EXCLUSION OF LAND. (a) The | ||
district may annex land as provided by Subchapter J, Chapter 49, | ||
Water Code. | ||
(b) The district may exclude land as provided by Subchapter | ||
J, Chapter 49, Water Code. Section 375.044(b), Local Government | ||
Code, does not apply to the district. | ||
Sec. 3867.111. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
[Sections 3867.112-3867.150 reserved for expansion] | ||
SUBCHAPTER C-1. IMPROVEMENT PROJECTS | ||
Sec. 3867.151. IMPROVEMENT PROJECTS. In addition to the | ||
general authority provided by Section 3867.102, the district may | ||
provide, or it may contract with a governmental or private entity to | ||
provide, an improvement project described by this subchapter or | ||
activities in support of or incidental to those projects. | ||
Sec. 3867.152. WATER OR SEWER FACILITY. An improvement | ||
project may include the planning, design, construction, | ||
improvement, maintenance, and operation of a water or sewer | ||
facility. | ||
Sec. 3867.153. POTABLE WATER. An improvement project may | ||
include a supply and distribution facility or system to provide | ||
potable water to district residents and businesses. | ||
Sec. 3867.154. NONPOTABLE WATER. An improvement project | ||
may include a facility or system designed to enable approved use of | ||
nonpotable water, including wastewater supply, collection, | ||
treatment, transmission, and distribution to district residents | ||
and businesses. | ||
Sec. 3867.155. WASTEWATER. An improvement project may | ||
include a facility or system to provide wastewater collection, | ||
treatment, and disposal to serve district residents and businesses. | ||
Sec. 3867.156. DRAINAGE. An improvement project may | ||
include the planning, design, construction, improvement, and | ||
maintenance of a drainage facility for the district. | ||
Sec. 3867.157. STORM WATER. An improvement project may | ||
include protection and improvement of the quality of storm water | ||
that flows through the district and may include the planning, | ||
design, construction, improvement, and maintenance of a storm water | ||
detention improvement. | ||
Sec. 3867.158. WETLANDS. An improvement project may | ||
include the planning, design, construction, improvement, | ||
maintenance, and operation of a facility for wetlands enhancement. | ||
Sec. 3867.159. RECREATION. An improvement project may | ||
include a recreational facility, including public boat ramps and | ||
docks on the district's Colorado River frontage. | ||
Sec. 3867.160. POWER GENERATION. An improvement project | ||
may include the planning, design, construction, improvement, | ||
maintenance, and operation of an alternative power generation | ||
facility located in or outside of the district, including: | ||
(1) a facility for solar, geothermal, or wind power; | ||
and | ||
(2) appurtenant transmission facilities. | ||
Sec. 3867.161. ROADS. An improvement project may include a | ||
paved road or street inside and outside the district, to the extent | ||
authorized by Section 52, Article III, Texas Constitution. | ||
Sec. 3867.162. PARKING OR HELIPORT. An improvement project | ||
may include the planning, design, construction, improvement, | ||
maintenance, and operation of an off-street parking facility or | ||
heliport. | ||
Sec. 3867.163. EDUCATION AND CULTURE. An improvement | ||
project may include the planning and acquisition of: | ||
(1) public art and sculpture and related exhibits and | ||
facilities; or | ||
(2) an educational facility and a cultural exhibit or | ||
facility. | ||
Sec. 3867.164. CONVENTION CENTER. An improvement project | ||
may include the planning, design, construction, acquisition, | ||
lease, rental, improvement, maintenance, installation, and | ||
management of and provision of furnishings for a facility for: | ||
(1) a conference, convention, or exhibition; | ||
(2) a manufacturer, consumer, or trade show; | ||
(3) a civic, community, or institutional event; or | ||
(4) an exhibit, display, attraction, special event, or | ||
seasonal or cultural celebration or holiday. | ||
Sec. 3867.165. DEMOLITION. An improvement project may | ||
include the removal, razing, demolition, or clearing of land or | ||
improvements in connection with an improvement project, including | ||
mass grading to reclaim a site from the site's present state. | ||
Sec. 3867.166. MITIGATION OF ENVIRONMENTAL EFFECTS. An | ||
improvement project may include the acquisition and improvement of | ||
land or other property for the mitigation of the environmental | ||
effects of an improvement project. | ||
Sec. 3867.167. ACQUISITION OF PROPERTY. An improvement | ||
project may include the acquisition of property or an interest in | ||
property in connection with an improvement project. | ||
Sec. 3867.168. SPECIAL OR SUPPLEMENTAL SERVICES. An | ||
improvement project may include a special or supplemental service | ||
for the improvement and promotion of the district or an area | ||
adjacent to the district or for the protection of public health and | ||
safety in or adjacent to the district, including: | ||
(1) advertising; | ||
(2) promotion; | ||
(3) tourism; | ||
(4) health and sanitation; | ||
(5) public safety; | ||
(6) security; | ||
(7) fire protection or emergency medical services; | ||
(8) business recruitment; | ||
(9) development; | ||
(10) the elimination of traffic congestion; and | ||
(11) recreational, educational, or cultural | ||
improvements, enhancements, and services. | ||
Sec. 3867.169. MISCELLANEOUS DESIGN, CONSTRUCTION, AND | ||
MAINTENANCE. An improvement project may include the planning, | ||
design, construction, improvement, and maintenance of: | ||
(1) landscaping; | ||
(2) highway right-of-way or transit corridor | ||
beautification and improvement; | ||
(3) lighting, banners, and signs; | ||
(4) a street or sidewalk; | ||
(5) a hiking and cycling path or trail; | ||
(6) a pedestrian walkway, skywalk, crosswalk, or | ||
tunnel; | ||
(7) a park, lake, garden, recreational facility, | ||
sports facility, open space, scenic area, or related exhibit or | ||
preserve; | ||
(8) a fountain, plaza, or pedestrian mall; or | ||
(9) a drainage or storm water detention improvement. | ||
Sec. 3867.170. SIMILAR IMPROVEMENT PROJECTS. An | ||
improvement project may include a public improvement, facility, or | ||
service similar to a project described by this subchapter. | ||
[Sections 3867.171-3867.200 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3867.201. TAX AND ASSESSMENT ABATEMENTS. The district | ||
may designate reinvestment zones and may grant abatements of a tax | ||
or assessment on property in the zones. | ||
Sec. 3867.202. 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. 3867.203. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||
The district may acquire, construct, finance, operate, maintain, or | ||
provide any improvement or service authorized under this chapter or | ||
Chapter 375, Local Government Code, using any money available to | ||
the district. | ||
Sec. 3867.204. 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: | ||
(1) 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; or | ||
(2) at least 25 persons who own real property in the | ||
district subject to assessment, if more than 25 persons own real | ||
property in the district subject to assessment as determined by the | ||
most recent certified tax appraisal roll for the county. | ||
Sec. 3867.205. METHOD OF NOTICE FOR HEARING. The district | ||
may mail the notice required by Section 375.115(c), Local | ||
Government Code, by certified or first class United States mail. | ||
The board shall determine the method of notice. | ||
Sec. 3867.206. 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 are: | ||
(1) a first and prior lien against the property | ||
assessed; | ||
(2) superior to any other lien or claim other than a | ||
lien or claim for county, school district, or municipal ad valorem | ||
taxes; and | ||
(3) 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. 3867.207. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||
375.161, Local Government Code, does not apply to: | ||
(1) a tax authorized or approved by district voters; | ||
or | ||
(2) a required payment for a service provided by the | ||
district, including water and sewer service. | ||
Sec. 3867.208. COMPETITIVE BIDDING. Subchapter I, Chapter | ||
49, Water Code, applies to the district. Sections 375.221 and | ||
375.223, Local Government Code, do not apply to the district. | ||
[Sections 3867.209-3867.250 reserved for expansion] | ||
SUBCHAPTER E. TAXES AND BONDS | ||
Sec. 3867.251. ELECTIONS REGARDING CERTAIN 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 3867.253. | ||
(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 sales and use 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 district bonds may | ||
be included in one single proposition to be voted on at the election | ||
or the bonds may be submitted in several propositions. | ||
Sec. 3867.252. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized by a majority of the district voters voting at an | ||
election held under Section 3867.251, 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) operate and maintain 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. | ||
(c) The board may impose the tax authorized by this section | ||
after full-purpose annexation by the city under Subchapter J. The | ||
board may use the tax revenue to pay for maintaining parks, wet | ||
ponds, and other open space amenities in the district. To the | ||
extent of a conflict between this subsection and any other law, this | ||
subsection controls. | ||
Sec. 3867.253. 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. 3867.254. 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, sales | ||
and use 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. | ||
(c) The limitation on the outstanding principal amount of | ||
bonds, notes, and other obligations provided by Section 49.4645, | ||
Water Code, does not apply to the district. | ||
Sec. 3867.255. 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 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. | ||
[Sections 3867.256-3867.300 reserved for expansion] | ||
SUBCHAPTER F. DEFINED AREAS | ||
Sec. 3867.301. 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. 3867.302. PROCEDURE FOR ELECTION. (a) Before the | ||
district may impose an ad valorem tax or issue bonds payable from ad | ||
valorem taxes of the defined area or designated property, the board | ||
shall hold an election in the defined area or in the designated | ||
property only. | ||
(b) The election shall be conducted as provided by Section | ||
3867.251. | ||
(c) The board may submit the issues to the voters on the same | ||
ballot to be used in another election. | ||
Sec. 3867.303. 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) A court may not review the board's order except on the | ||
ground of fraud, palpable error, or arbitrary and confiscatory | ||
abuse of discretion. | ||
Sec. 3867.304. TAXES FOR IMPROVEMENTS AND FACILITIES IN | ||
DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and | ||
adoption of the order described by Section 3867.303, 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. 3867.305. ISSUANCE OF BONDS FOR DEFINED AREA OR | ||
DESIGNATED PROPERTY. After the order under Section 3867.303 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. | ||
SUBCHAPTER G. SALES AND USE TAX | ||
Sec. 3867.351. APPLICABILITY OF CERTAIN TAX CODE | ||
PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition, | ||
computation, administration, enforcement, and collection of the | ||
sales and use tax authorized by this subchapter except to the extent | ||
Chapter 321, Tax Code, is inconsistent with this chapter. | ||
(b) A reference in Chapter 321, Tax Code, to a municipality | ||
or the governing body of a municipality is a reference to the | ||
district or the board, respectively. | ||
Sec. 3867.352. ELECTION; ADOPTION OF TAX. (a) The district | ||
may adopt a sales and use tax if authorized by a majority of the | ||
voters of the district voting at an election held for that purpose. | ||
(b) The board by order may call an election to authorize the | ||
adoption of the sales and use tax. The election may be held on any | ||
uniform election date and in conjunction with any other district | ||
election. | ||
(c) The district shall provide notice of the election and | ||
shall hold the election in the manner prescribed by Section | ||
3867.251. | ||
(d) The ballot shall be printed to provide for voting for or | ||
against the proposition: "Authorization of a sales and use tax in | ||
the Rio de Vida Planning and Improvement District No. 1 at a rate | ||
not to exceed ____ percent" (insert rate of one or more increments | ||
of one-eighth of one percent). | ||
Sec. 3867.353. SALES AND USE TAX RATE. (a) Not later than | ||
the 10th day after the date the results are declared of an election | ||
held under Section 3867.352, at which the voters approved | ||
imposition of the tax authorized by this subchapter, the board | ||
shall determine the initial rate of the tax, which must be in one or | ||
more increments of one-eighth of one percent. | ||
(b) After the election held under Section 3867.352, the | ||
board may decrease the rate of the tax by one or more increments of | ||
one-eighth of one percent. The board may not decrease the rate of | ||
the tax if the decrease would impair the repayment of any | ||
outstanding debt or obligation payable from the tax. | ||
(c) The initial rate of the tax or any rate resulting from | ||
subsequent decreases may not exceed the lesser of: | ||
(1) the maximum rate authorized by the district voters | ||
at the election held under Section 3867.352; or | ||
(2) a rate that, when added to the rates of all sales | ||
and use taxes imposed by other political subdivisions with | ||
territory in the district, would result in the maximum combined | ||
rate prescribed by Section 321.101(f), Tax Code, at any location in | ||
the district. | ||
(d) In determining whether the combined sales and use tax | ||
rate under Subsection (c)(2) would exceed the maximum combined rate | ||
prescribed by Section 321.101(f), Tax Code, at any location in the | ||
district, the board shall include: | ||
(1) any sales and use tax imposed by a political | ||
subdivision whose territory overlaps all or part of the district; | ||
(2) any sales and use tax to be imposed by a | ||
municipality or county as a result of an election held on the same | ||
date as the election held under Section 3867.352; and | ||
(3) any increase to an existing sales and use tax | ||
imposed by a municipality or county as a result of an election held | ||
on the same date as the election held under Section 3867.352. | ||
(e) This subsection applies only to a political subdivision | ||
that is not a municipality or county. If the voters of a political | ||
subdivision approve the adoption or increase of a sales and use tax | ||
at an election held on the same date as an election under Section | ||
3867.352, and after the board sets the district's initial tax rate | ||
under Subsection (a), the combined rate of all sales and use taxes | ||
imposed by the district and by other political subdivisions having | ||
territory in the district exceed the combined maximum rate | ||
prescribed by Section 321.101(f), Tax Code, the election held by | ||
the political subdivision on that date has no effect. | ||
(f) The board shall notify the comptroller of any changes | ||
made to the tax rate in the same manner the municipal secretary | ||
provides notice to the comptroller under Section 321.405(b), Tax | ||
Code. | ||
Sec. 3867.354. USE OF REVENUE. Revenue from the sales and | ||
use tax imposed under this subchapter is for the use and benefit of | ||
the district and may be used for any district purpose. The district | ||
may pledge all or part of the revenue to the payment of bonds, | ||
notes, or other obligations, and that pledge of revenue may be in | ||
combination with other revenue, including tax revenue, available to | ||
the district. | ||
Sec. 3867.355. ABOLITION OF TAX. (a) Except as provided by | ||
Subsection (b), the board may abolish the tax imposed under this | ||
subchapter without an election. | ||
(b) The board may not abolish the tax imposed under this | ||
subchapter if the district has outstanding debt secured by the tax | ||
and repayment of the debt would be impaired by the abolition of the | ||
tax. | ||
(c) If the board abolishes the tax, the board shall notify | ||
the comptroller of that action in the same manner the municipal | ||
secretary provides notice to the comptroller under Section | ||
321.405(b), Tax Code. | ||
(d) If the board abolishes the tax or decreases the tax rate | ||
to zero, a new election to authorize a sales and use tax must be held | ||
under Section 3867.352 before the district may subsequently impose | ||
the tax. | ||
[Sections 3867.356-3867.400 reserved for expansion] | ||
SUBCHAPTER H. HOTEL OCCUPANCY TAX | ||
Sec. 3867.401. DEFINITION. In this subchapter, "hotel" has | ||
the meaning assigned by Section 156.001, Tax Code. | ||
Sec. 3867.402. APPLICABILITY OF CERTAIN TAX CODE | ||
PROVISIONS. (a) In this subchapter: | ||
(1) a reference in Subchapter A, Chapter 352, Tax | ||
Code, to a county is a reference to the district; and | ||
(2) a reference in Subchapter A, Chapter 352, Tax | ||
Code, to the commissioners court is a reference to the board. | ||
(b) Except as inconsistent with this subchapter, Subchapter | ||
A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized | ||
by this subchapter, including the collection of the tax, subject to | ||
the limitations prescribed by Sections 352.002(b) and (c), Tax | ||
Code. | ||
Sec. 3867.403. TAX AUTHORIZED; USE OF REVENUE. The | ||
district may impose a hotel occupancy tax for any district purpose, | ||
including to: | ||
(1) operate and maintain the district; | ||
(2) construct or acquire improvements; and | ||
(3) provide a service. | ||
Sec. 3867.404. TAX RATE. (a) The amount of the hotel | ||
occupancy tax may not exceed seven percent of the price paid for a | ||
room in a hotel. | ||
Sec. 3867.405. INFORMATION. The district may examine and | ||
receive information related to the imposition of hotel occupancy | ||
taxes to the same extent as if the district were a county. | ||
[Sections 3867.406-3867.450 reserved for expansion] | ||
SUBCHAPTER I. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS | ||
Sec. 3867.451. DIVISION OF DISTRICT; PREREQUISITES. (a) | ||
The district may be divided into two or more new districts only if | ||
the district: | ||
(1) has no outstanding bonded debt; | ||
(2) is not imposing ad valorem taxes; and | ||
(3) complies with Subsection (b), if applicable. | ||
(b) This subsection applies only to a district located | ||
wholly or partly in the corporate limits or the extraterritorial | ||
jurisdiction of a municipality. Before the district may divide | ||
under this subchapter, the district must provide each municipality | ||
and each county in which the district is wholly or partly located a | ||
copy of the order under Section 3867.454. | ||
Sec. 3867.452. LAW APPLICABLE TO NEW DISTRICT. This | ||
chapter applies to any new district created by division of the | ||
district, and a new district has all the powers and duties of the | ||
district. | ||
Sec. 3867.453. LIMITATION ON AREA OF NEW DISTRICT. A new | ||
district created by the division of the district may not, at the | ||
time the new district is created, contain any land outside the area | ||
described by Section 2 of the Act enacting this chapter. | ||
Sec. 3867.454. DIVISION PROCEDURES. (a) The board, on its | ||
own motion or on receipt of a petition signed by the owner or owners | ||
of a majority of the assessed value of the real property in the | ||
district, may adopt an order dividing the district. | ||
(b) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
3867.251(b) to authorize the issuance of bonds payable from ad | ||
valorem taxes. | ||
(c) An order dividing the district must: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the new districts. | ||
(d) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the Texas Commission on Environmental Quality and record the | ||
order in the real property records of each county in which the | ||
district is located. | ||
Sec. 3867.455. TAX OR BOND ELECTION. Before a new district | ||
created by the division of the district may impose a sales and use | ||
tax or an operation and maintenance tax or issue bonds payable | ||
wholly or partly from ad valorem taxes, the new district must hold | ||
an election as required by this chapter to obtain voter approval. | ||
[Sections 3867.456-3867.500 reserved for expansion] | ||
SUBCHAPTER J. MUNICIPAL ANNEXATION AND DISSOLUTION | ||
Sec. 3867.501. MUNICIPAL ANNEXATION. (a) The city may | ||
annex the district: | ||
(1) according to the terms specified in a consent | ||
agreement entered into by the city and the district; and | ||
(2) only after the district's development entity has | ||
been reimbursed to the extent allowed under: | ||
(A) Chapters 49 and 54, Water Code; and | ||
(B) the rules of the Texas Commission on | ||
Environmental Quality. | ||
(b) Sections 43.0561 and 43.0562, Local Government Code, do | ||
not apply to the annexation of the district. | ||
(c) A conveyance of real property in the district must be | ||
accompanied by a recorded notice to purchasers that describes the | ||
city's authority to annex the district when the conditions in | ||
Subsection (a) apply. | ||
Sec. 3867.502. CONTINUATION OF DISTRICT AFTER ANNEXATION. | ||
The district is not required to be dissolved if the city annexes the | ||
district. The district and the city may enter into a development | ||
agreement that authorizes the district to continue all or a portion | ||
of the district's operations after the city annexes the district. | ||
Sec. 3867.503. LIMITATION ON DISSOLUTION NOT APPLICABLE. | ||
Section 375.264, Local Government Code, does not apply to the | ||
dissolution of the district by a municipality. | ||
[Sections 3867.504-3867.550 reserved for expansion] | ||
SECTION 2. As of the effective date of this Act, the Rio de | ||
Vida Planning and Improvement District No. 1 includes all territory | ||
contained in the following described area: | ||
ALL THAT CERTAIN PARCEL OR TRACT OF LAND OUT OF THE REUBEN | ||
HORNSBY SURVEY NO. 17, JOSEPH DUTY SURVEY NO. 20 AND THE JOHN | ||
BURLESON SURVEY NO. 33, TRAVIS COUNTY, TEXAS; BEING ALL OF THE | ||
FOLLOWING TRACTS OF LAND AS CONVEYED TO TXI OPERATIONS, L.P. BY | ||
DEEDS RECORDED IN THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, | ||
TEXAS: A 353.08-ACRE TRACT (TO BE KNOWN AS PARCEL 01-1) AND A | ||
65.12-ACRE TRACT (TO BE KNOWN AS PARCEL 01-2) IN VOLUME 12448, PAGE | ||
737 AND VOLUME 13170, PAGE 656; A 65.12-ACRE TRACT (TO BE KNOWN AS | ||
PARCEL 01-2) IN VOLUME 13170, PAGE 656; A 102.188-ACRE TRACT | ||
(PARCEL NO. 1) (TO BE KNOWN AS PARCEL 02-1), A 29.008-ACRE TRACT | ||
(PARCEL NO. 2) (TO BE KNOWN AS PARCEL 02-2) AND A 10.743-ACRE TRACT | ||
(PARCEL NO. 3) (TO BE KNOWN AS PARCEL 02-3) IN VOLUME 12593, PAGE | ||
2001; A 22.911-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 04-1) IN | ||
VOLUME 11985, PAGE 1238 AND VOLUME 13170, PAGE 656; A 19.253-ACRE | ||
TRACT (PARCEL 3) (TO BE KNOWN AS PARCEL 05-1), A 4.591-ACRE TRACT | ||
(PARCEL 1) (TO BE KNOWN AS PARCEL 06-1) AND A 16.931-ACRE TRACT | ||
(PARCEL 2) (TO BE KNOWN AS PARCEL 06-2) IN VOLUME 13304, PAGE 3306; | ||
A 52.487-ACRE TRACT (TO BE KNOWN AS PARCEL 08-1) IN VOLUME 13088, | ||
PAGE 429; A PORTION OF A 6.605-ACRE TRACT (TRACT 1) (TO BE KNOWN AS | ||
PARCEL 08-2) AND A 5.411-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL | ||
12-1) IN VOLUME 13088, PAGE 421; A 51.32-ACRE TRACT (TO BE KNOWN AS | ||
PARCEL 10-1) IN VOLUME 12703, PAGE 411 AND VOLUME 13170, PAGE 656; A | ||
6.262-ACRE TRACT (TO BE KNOWN AS PARCEL 11-1) IN VOLUME 12835, PAGE | ||
1489; A 22.967-ACRE TRACT (TO BE KNOWN AS PARCEL 13-1) IN VOLUME | ||
9872, PAGE 77 AND VOLUME 13170, PAGE 656; A 14.272-ACRE TRACT (TRACT | ||
8) (TO BE KNOWN AS PARCEL 14-1), A 21.100-ACRE TRACT (TRACT 9) (TO | ||
BE KNOWN AS PARCEL 15-1), A 32.738-ACRE TRACT (TRACT 17) (TO BE | ||
KNOWN AS PARCEL 17-1), A 8.051-ACRE TRACT (TRACT 12) (TO BE KNOWN AS | ||
PARCEL 18-1), A 9.744-ACRE TRACT (TRACT 13) (TO BE KNOWN AS PARCEL | ||
18-2), A 9.752-ACRE TRACT (TRACT 14) (TO BE KNOWN AS PARCEL 18-3), A | ||
15.981-ACRE TRACT (TRACT 15) (TO BE KNOWN AS PARCEL 18-4), A | ||
19.127-ACRE TRACT (TRACT 16) (TO BE KNOWN AS PARCEL 18-5), A | ||
10.274-ACRE TRACT (TRACT 10) (TO BE KNOWN AS PARCEL 21-1), A | ||
9.825-ACRE TRACT (TRACT 11) (TO BE KNOWN AS PARCEL 21-2), A PORTION | ||
OF A 44.586-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 23-1), A | ||
PORTION OF A 15.959-ACRE TRACT (TRACT 7) (TO BE KNOWN AS PARCEL | ||
23-2), A PORTION OF A 15.946-ACRE TRACT (TRACT 6) (TO BE KNOWN AS | ||
PARCEL 23-3) AND A PORTION OF A 14.135-ACRE TRACT (TRACT 3) (TO BE | ||
KNOWN AS PARCEL 28-1) IN VOLUME 12326, PAGE 1154 AND VOLUME 13170, | ||
PAGE 656; A 30.531-ACRE TRACT (TO BE KNOWN AS PARCEL 16-1) IN VOLUME | ||
10967, PAGE 1219 AND VOLUME 13170, PAGE 656; A 30.531-ACRE TRACT (TO | ||
BE KNOWN AS PARCEL 16-1) IN VOLUME 10967, PAGE 1219 AND VOLUME | ||
13170, PAGE 656; A 45.874-ACRE TRACT (TO BE KNOWN AS PARCEL 19-1) IN | ||
VOLUME 12270, PAGE 1633 AND VOLUME 13170, PAGE 656; A 13.853-ACRE | ||
TRACT (TO BE KNOWN AS PARCEL 20-1) IN VOLUME 12326, PAGE 1149 AND | ||
VOLUME 13170, PAGE 656; A PORTION OF A 32.403-ACRE TRACT (TRACT 4) | ||
(TO BE KNOWN AS PARCEL 22-1) AND A PORTION OF A 50.388-ACRE TRACT | ||
(TRACT 1) (TO BE KNOWN AS PARCEL 28-2) IN VOLUME 12326, PAGE 1109 | ||
AND VOLUME 13170, PAGE 656; AND A 83.838-ACRE TRACT (TO BE KNOWN AS | ||
PARCEL 27-1) IN VOLUME 11955, PAGE 972 AND VOLUME 13170, PAGE 656; | ||
AND ALSO BEING ALL OF THE FOLLOWING TRACTS OF LAND AS CONVEYED TO | ||
TXI OPERATIONS, L.P. BY DEEDS RECORDED IN THE OFFICIAL PUBLIC | ||
RECORDS OF TRAVIS COUNTY, TEXAS: A 49.994-ACRE TRACT (TRACT 1) (TO | ||
BE KNOWN AS PARCEL 03-1), A PORTION OF A 85.957-ACRE TRACT (TRACT 2) | ||
(TO BE KNOWN AS PARCEL 03-2), A PORTION OF A 41.043-ACRE TRACT | ||
(TRACT 3) (TO BE KNOWN AS PARCEL 03-3), A 69.542-ACRE TRACT (TRACT | ||
4) (TO BE KNOWN AS PARCEL 03-4), A 55.299-ACRE TRACT (TRACT 5) (TO | ||
BE KNOWN AS PARCEL 03-5), A PORTION OF A 33.214-ACRE TRACT (TO BE | ||
KNOWN AS PARCEL 03-6) AND A 39.355-ACRE TRACT (TRACT 6) (TO BE KNOWN | ||
AS PARCEL 03-7) IN DOCUMENT NO. 1999152526; A 223.497-ACRE TRACT | ||
(TO BE KNOWN AS PARCEL 07-1) IN DOCUMENT NO. 2005002939; A | ||
194.824-ACRE TRACT (TRACT A) (TO BE KNOWN AS PARCEL 09-1) AND A | ||
67.418-ACRE TRACT (TRACT B) (TO BE KNOWN AS PARCEL 09-2) IN DOCUMENT | ||
NO. 2005007841; PORTIONS OF A 101.697-ACRE TRACT (TRACT 1) AND A | ||
14.054-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 24-1) IN DOCUMENT | ||
NO. 1999148757; A 39.462-ACRE TRACT (TO BE KNOWN AS PARCEL 25-1) IN | ||
DOCUMENT NO. 2006133198; AND A 33.35-ACRE TRACT (TO BE KNOWN AS | ||
PARCEL 26-1) IN DOCUMENT NO. 2005007845; AND BEING MORE | ||
PARTICULARLY DESCRIBED IN FIVE (5) TRACTS BY METES AND BOUNDS AS | ||
FOLLOWS: | ||
TRACT 1 | ||
BEGINNING at a calculated point at the intersection of the | ||
north bank of the Colorado River and the east right-of-way line of | ||
State Highway No. 130, at the southwest corner of the | ||
above-described Parcel 09-1, for the southwest corner and POINT OF | ||
BEGINNING of the herein described tract; | ||
THENCE, with the east right-of-way line of said State Highway | ||
No. 130, the following seven (7) courses: | ||
1) N08°37'24"W a distance of 537.28 feet to a calculated | ||
angle point; | ||
2) N01°34'38"W a distance of 3,468.10 feet to a calculated | ||
angle point; | ||
3) N59°15'05"E a distance of 166.15 feet to a calculated | ||
angle point; | ||
4) N08°13'09"E a distance of 547.29 feet to a calculated | ||
angle point; | ||
5) N52°30'09"W a distance of 138.99 feet to a calculated | ||
non-tangent point of curvature of a curve to the right; | ||
6) Along said curve to the right an arc distance of 1,274.92 | ||
feet, having a radius of 3,458.72 feet, and a chord which bears | ||
N19°25'33"E a distance of 1,267.71 feet to a calculated point of | ||
tangency; and | ||
7) N29°59'08"E a distance of 421.69 feet to a calculated | ||
point at the northwest corner of said Parcel 09-1; | ||
THENCE, with the north line of said Parcel 09-1, the | ||
following three (3) courses: | ||
1) S60°37'51"E a distance of 116.20 feet to a to a calculated | ||
point; | ||
2) N29°22'09"E a distance of 83.70 feet to a calculated | ||
point; and | ||
3) S60°41'35"E a distance of 416.71 feet to a calculated | ||
point on the west line of the above-described Parcel 01-1 at the | ||
most northerly northeast corner of said Parcel 09-1; | ||
THENCE, with the west line of said Parcel 01-1, the following | ||
five (5) courses: | ||
1) N27°20'56"E a distance of 39.85 feet to a calculated angle | ||
point; | ||
2) N49°43'26"E a distance of 65.85 feet to a calculated angle | ||
point; | ||
3) N27°21'16"E a distance of 619.40 feet to a calculated | ||
point at an inside corner of said Parcel 01-1; | ||
4) N62°38'24"W a distance of 5.00 feet to a calculated point | ||
at an outside corner of said Parcel 01-1; and | ||
5) N27°21'36"E a distance of 617.35 feet to a calculated | ||
point on the south line of the above-described Parcel 16-1 at the | ||
northwest corner of said Parcel 01-1; | ||
THENCE N62°22'51"W a distance of 40.60 feet to a calculated | ||
point on the east line of the above-described Parcel 23-1; | ||
THENCE, with the east line of said Parcel 23-1, the following | ||
four (4) courses: | ||
1) S27°22'35"W a distance of 618.29 feet to a calculated | ||
point for an outside corner of said Parcel 23-1; | ||
2) N62°37'49"W a distance of 5.00 feet to a calculated point | ||
for an inside corner of said Parcel 23-1; | ||
3) S27°22'11"W a distance of 618.51 feet to a calculated | ||
angle point; and | ||
4) S73°40'29"W a distance of 69.55 feet to a calculated point | ||
at the southeast corner of said Parcel 23-1; | ||
THENCE, with the south line of said Parcel 23-1, N60°41'02"W a | ||
distance of 339.91 feet to a calculated point on the east | ||
right-of-way line of State Highway No. 130 at the southwest corner | ||
of said Parcel 23-1; | ||
THENCE, with the east right-of-way line of said State Highway | ||
No. 130, the following three (3) courses: | ||
1) N30°02'29"E a distance of 1,101.68 feet to a calculated | ||
angle point; | ||
2) N20°27'12"E a distance of 2,012.40 feet to a calculated | ||
angle point; and | ||
3) N27°27'12"E a distance of 432.97 feet to a calculated | ||
point at the northwest corner of the above-described Parcel 23-3; | ||
THENCE, with the north line of said Parcel 23-3, S62°04'21"E a | ||
distance of 608.26 feet to a calculated point on the west line of | ||
the above-described Parcel 14-1 at the northeast corner of said | ||
Parcel 23-3; | ||
THENCE, with the west line of said Parcel 14-1, N27°45'52"E a | ||
distance of 393.68 feet to a calculated point at the northwest | ||
corner of said Parcel 14-1, also being the most westerly southwest | ||
corner of the above-described Parcel 01-2; | ||
THENCE, with the west line of said Parcel 01-2, N28°07'17"E a | ||
distance of 224.92 feet to a calculated point at the southeast | ||
corner of the above-described Parcel 24-1; | ||
THENCE, with the south line of said Parcel 24-1, N62°34'20"W a | ||
distance of 613.00 feet to a calculated point on the east | ||
right-of-way line of said State Highway No. 130 at the southwest | ||
corner of said Parcel 24-1; | ||
THENCE, with the east right-of-way line of said State Highway | ||
No. 130, the following nine (9) courses: | ||
1) N27°27'12"E a distance of 1,672.04 feet to a calculated | ||
angle point; | ||
2) N32°27'12"E a distance of 1,894.71 feet to a calculated | ||
angle point; | ||
3) N29°36'58"E a distance of 516.40 feet to a calculated | ||
point; | ||
4) S61°16'47"E a distance of 91.29 feet to a calculated | ||
point; | ||
5) N33°24'29"E a distance of 576.93 feet to a calculated | ||
point; | ||
6) N61°16'47"W a distance of 126.37 feet to a calculated | ||
point; | ||
7) N26°30'22"E a distance of 430.28 feet to a calculated | ||
point; | ||
8) N61°16'47"W a distance of 56.58 feet to a calculated | ||
point; and | ||
9) N27°27'30"E a distance of 956.84 feet to a calculated | ||
point at the intersection with the south right-of-way line of FM | ||
Highway No. 969, also being the northwest corner of said Parcel | ||
24-1; | ||
THENCE, with the south right-of-way line of said FM Highway | ||
No. 969, the following six (6) courses: | ||
1) S64°07'08"E a distance of 395.49 feet to a calculated | ||
point; | ||
2) S22°48'20"W a distance of 61.04 feet to a calculated | ||
point; | ||
3) S67°11'40"E a distance of 110.00 feet to a calculated | ||
point; | ||
4) N22°48'20"E a distance of 60.54 feet to a calculated | ||
point; | ||
5) S77°33'00"E a distance of 201.73 feet to a calculated | ||
angle point; and | ||
6) S65°03'31"E a distance of 381.97 feet to a calculated | ||
point at the northeast corner of the above-described Parcel 08-2; | ||
THENCE, with the east line of said Parcel 08-2, S12°49'01"W a | ||
distance of 1,365.75 feet to a calculated point at an inside corner | ||
of the above-described Parcel 02-1; | ||
THENCE, with the north line of said Parcel 02-1, S62°34'57"E a | ||
distance of 947.19 feet to a calculated point at the most easterly | ||
northeast corner of said Parcel 02-1; | ||
THENCE, with the east line of said Parcel 02-1, S27°12'42"W a | ||
distance of 1,350.79 feet to a calculated angle point; | ||
THENCE, continuing with the east line of said Parcel 02-1, | ||
S27°42'57"W a distance of 1,658.43 feet to a calculated point at the | ||
northeast corner of said Parcel 01-2; | ||
THENCE, with the east line of said Parcel 01-2, S27°36'56"W a | ||
distance of 1,486.26 feet to a calculated point at an outside corner | ||
of said Parcel 01-2 on the north line of the above-described Parcel | ||
04-1; | ||
THENCE, with the north line of said Parcel 04-1, S62°13'13"E a | ||
distance of 697.01 feet to a calculated point at the northeast | ||
corner of said Parcel 04-1, also being the northwest corner of the | ||
above-described Parcel 19-1; | ||
THENCE, with the north line of said Parcel 19-1, S62°14'53"E a | ||
distance of 461.49 feet to a calculated point at the southwest | ||
corner of the above-described Parcel 10-1; | ||
THENCE, with the west line of said Parcel 10-1, N27°49'54"E a | ||
distance of 3,150.15 feet to a calculated point at the northwest | ||
corner of said Parcel 10-1; | ||
THENCE, with the north line of said Parcel 10-1, S62°43'06"E a | ||
distance of 710.22 feet to a calculated point at the northeast | ||
corner of said Parcel 10-1; | ||
THENCE, with the east line of said Parcel 10-1, S27°52'34"W a | ||
distance of 3,156.02 feet to a calculated point at the southeast | ||
corner of said Parcel 10-1, also being the northwest corner of the | ||
above-described Parcel 06-1; | ||
THENCE, with the north line of said Parcel 06-1, S61°04'03"E a | ||
distance of 289.04 feet to a calculated point at the northwest | ||
corner of the above-described Parcel 12-1; | ||
THENCE, with the north line of said Parcel 12-1, S63°22'55"E a | ||
distance of 457.28 feet to a calculated point at the northwest | ||
corner of the above-described Parcel 06-2; | ||
THENCE, with the north line of said Parcel 06-2, S64°42'36"E a | ||
distance of 378.00 feet to a calculated point at the northwest | ||
corner of the above-described Parcel 20-1; | ||
THENCE, with the north line of said Parcel 20-1, S70°09'59"E a | ||
distance of 400.67 feet to a calculated point at the northwest | ||
corner of the above-described Parcel 02-3; | ||
THENCE, with the north line of said Parcel 02-3, the | ||
following three (3) courses: | ||
1) S67°05'07"E a distance of 104.58 feet to a calculated | ||
angle point; | ||
2) S53°35'54"E a distance of 105.83 feet to a calculated | ||
angle point; and | ||
3) S55°41'48"E a distance of 206.91 feet to a calculated | ||
point at the northeast corner of said Parcel 02-3; | ||
THENCE, with the east line of said Parcel 02-3, S28°01'49"W a | ||
distance of 899.00 feet to a calculated point on the north bank of | ||
the Colorado River at the southeast corner of said Parcel 02-3; | ||
THENCE, with the meanders of the north bank of the Colorado | ||
River, the following fifty-nine (59) courses: | ||
1) S78°57'26"W a distance of 265.40 feet to a calculated | ||
point; | ||
2) S58°33'04"W a distance of 403.36 feet to a calculated | ||
point; | ||
3) S27°53'07"W a distance of 24.17 feet to a calculated | ||
point; | ||
4) S73°19'34"W a distance of 179.78 feet to a calculated | ||
point; | ||
5) S80°40'33"W a distance of 284.45 feet to a calculated | ||
point; | ||
6) N26°28'28"E a distance of 20.96 feet to a calculated | ||
point; | ||
7) S75°36'26"W a distance of 293.31 feet to a calculated | ||
point; | ||
8) S86°20'34"W a distance of 84.16 feet to a calculated | ||
point; | ||
9) S79°42'18"W a distance of 141.79 feet to a calculated | ||
point; | ||
10) S27°00'43"W a distance of 26.90 feet to a calculated | ||
point; | ||
11) S78°05'41"W a distance of 99.68 feet to a calculated | ||
point; | ||
12) S71°38'12"W a distance of 426.53 feet to a calculated | ||
point; | ||
13) S58°35'29"W a distance of 276.51 feet to a calculated | ||
point; | ||
14) S24°20'35"W a distance of 359.58 feet to a calculated | ||
point; | ||
15) S08°24'01"W a distance of 300.61 feet to a calculated | ||
point; | ||
16) S07°37'34"E a distance of 185.37 feet to a calculated | ||
point; | ||
17) S02°25'49"E a distance of 59.41 feet to a calculated | ||
point; | ||
18) S01°21'36"W a distance of 38.60 feet to a calculated | ||
point; | ||
19) S08°00'24"E a distance of 41.40 feet to a calculated | ||
point; | ||
20) S09°09'36"W a distance of 373.90 feet to a calculated | ||
point; | ||
21) S31°59'36"W a distance of 107.30 feet to a calculated | ||
point; | ||
22) S18°00'36"W a distance of 293.50 feet to a calculated | ||
point; | ||
23) S30°25'36"W a distance of 112.00 feet to a calculated | ||
point; | ||
24) S10°51'36"W a distance of 634.90 feet to a calculated | ||
point; | ||
25) S02°34'36"W a distance of 30.70 feet to a calculated | ||
point; | ||
26) S59°28'24"E a distance of 57.10 feet to a calculated | ||
point; | ||
27) S03°40'24"E a distance of 310.40 feet to a calculated | ||
point; | ||
28) S16°21'36"W a distance of 278.50 feet to a calculated | ||
point; | ||
29) S17°53'36"W a distance of 322.40 feet to a calculated | ||
point; | ||
30) S32°29'36"W a distance of 792.30 feet to a calculated | ||
point; | ||
31) S18°11'36"W a distance of 184.90 feet to a calculated | ||
point; | ||
32) N63°10'34"W a distance of 44.96 feet to a calculated | ||
point; | ||
33) S19°04'38"W a distance of 21.49 feet to a calculated | ||
point; | ||
34) S27°17'38"W a distance of 190.50 feet to a calculated | ||
point; | ||
35) S23°12'38"W a distance of 266.20 feet to a calculated | ||
point; | ||
36) S33°52'38"W a distance of 191.10 feet to a calculated | ||
point; | ||
37) S61°12'38"W a distance of 280.40 feet to a calculated | ||
point; | ||
38) S63°15'38"W a distance of 345.10 feet to a calculated | ||
point; | ||
39) S72°35'38"W a distance of 285.20 feet to a calculated | ||
point; | ||
40) N85°31'22"W a distance of 165.00 feet to a calculated | ||
point; | ||
41) N72°50'22"W a distance of 150.00 feet to a calculated | ||
point; | ||
42) N10°15'22"W a distance of 135.80 feet to a calculated | ||
point; | ||
43) N04°17'22"W a distance of 37.00 feet to a calculated | ||
point; | ||
44) N38°51'22"W a distance of 391.50 feet to a calculated | ||
point; | ||
45) N12°14'22"W a distance of 40.00 feet to a calculated | ||
point; | ||
46) N07°15'38"E a distance of 183.00 feet to a calculated | ||
point; | ||
47) S47°45'38"W a distance of 386.10 feet to a calculated | ||
point; | ||
48) S75°54'39"W a distance of 102.43 feet to a calculated | ||
point; | ||
49) S71°46'05"W a distance of 154.03 feet to a calculated | ||
point; | ||
50) S65°38'42"W a distance of 430.32 feet to a calculated | ||
point; | ||
51) S49°58'20"W a distance of 207.45 feet to a calculated | ||
point; | ||
52) S47°30'01"W a distance of 581.94 feet to a calculated | ||
point; | ||
53) S58°05'16"W a distance of 199.26 feet to a calculated | ||
point; | ||
54) S55°02'26"W a distance of 168.25 feet to a calculated | ||
point; | ||
55) S66°49'36"W a distance of 424.33 feet to a calculated | ||
point; | ||
56) S70°27'05"W a distance of 178.44 feet to a calculated | ||
point; | ||
57) S73°49'29"W a distance of 103.82 feet to a calculated | ||
point; | ||
58) S85°43'30"W a distance of 78.52 feet to a calculated | ||
point; and | ||
59) S78°29'14"W a distance of 59.80 feet to the POINT OF | ||
BEGINNING, and containing 1,370 acres of land, more or less. | ||
TRACT 2 | ||
BEGINNING at a calculated point at the intersection of the | ||
north bank of the Colorado River and the west right-of-way line of | ||
State Highway No. 130, at the southeast corner of the | ||
above-described Parcel 03-2, for the southeast corner and POINT OF | ||
BEGINNING of the herein described tract; | ||
THENCE, with the meanders of the north bank of the Colorado | ||
River, the following twenty-two (22) courses: | ||
1) S76°37'38"W a distance of 1.87 feet to a calculated point; | ||
2) S72°53'53"W a distance of 518.11 feet to a calculated | ||
point; | ||
3) S75°14'11"W a distance of 517.88 feet to a calculated | ||
point; | ||
4) S70°55'05"W a distance of 289.38 feet to a calculated | ||
point; | ||
5) S81°58'40"W a distance of 118.79 feet to a calculated | ||
point; | ||
6) S63°21'33"W a distance of 277.07 feet to a calculated | ||
point; | ||
7) S49°47'25"W a distance of 47.81 feet to a calculated | ||
point; | ||
8) S64°43'53"W a distance of 353.97 feet to a calculated | ||
point; | ||
9) S62°39'35"W a distance of 626.81 feet to a calculated | ||
point; | ||
10) S72°28'38"W a distance of 203.07 feet to a calculated | ||
point; | ||
11) S85°12'41"W a distance of 191.20 feet to a calculated | ||
point; | ||
12) N89°48'48"W a distance of 82.77 feet to a calculated | ||
point; | ||
13) N83°17'50"W a distance of 141.54 feet to a calculated | ||
point; | ||
14) N83°16'30"W a distance of 332.35 feet to a calculated | ||
point; | ||
15) N72°21'14"W a distance of 159.08 feet to a calculated | ||
point; | ||
16) N80°26'48"W a distance of 189.39 feet to a calculated | ||
point; | ||
17) N79°57'59"W a distance of 91.38 feet to a calculated | ||
point; | ||
18) S85°50'53"W a distance of 69.91 feet to a calculated | ||
point; | ||
19) N78°28'45"W a distance of 123.84 feet to a calculated | ||
point; | ||
20) N68°18'10"W a distance of 159.21 feet to a calculated | ||
point; | ||
21) N80°39'08"W a distance of 135.80 feet to a calculated | ||
point; and | ||
22) S78°59'06"W a distance of 43.91 feet to a calculated | ||
point at the intersection with the east right-of-way line of FM | ||
Highway No. 973, also being the most southerly southwest corner of | ||
the above-described Parcel 03-5; | ||
THENCE, with the east right-of-way line of said FM Highway | ||
No. 973, N10°21'00"E a distance of 147.12 feet to a calculated point | ||
of curvature of a curve to the left; | ||
THENCE, continuing with the east right-of-way line, along | ||
said curve to the left an arc distance of 623.12 feet, having a | ||
radius of 622.94 feet, and a chord which bears N18°18'22"W a | ||
distance of 597.46 feet to a calculated point at the most westerly | ||
southwest corner of said Parcel 03-5; | ||
THENCE, with the west line of said Parcel 03-5, N27°38'58"E a | ||
distance of 2,173.14 feet to a calculated point at the northwest | ||
corner of said Parcel 03-5; | ||
THENCE, with the north line of said Parcel 03-5, S62°35'52"E a | ||
distance of 953.15 feet to a calculated point in the west line of | ||
the above-described Parcel 03-7 at the northeast corner of said | ||
Parcel 03-5; | ||
THENCE, with the west line of said Parcel 03-7, N27°51'48"E a | ||
distance of 830.67 feet to a calculated angle point; | ||
THENCE, continuing with the west line of said Parcel 03-7, | ||
N27°04'22"E a distance of 660.77 feet to a calculated angle point; | ||
THENCE, with the west line of the above-described Parcel | ||
03-01, N27°16'45"E a distance of 2,498.68 feet to a calculated point | ||
at the northwest corner of said Parcel 03-1, also being the | ||
southwest corner of the above-described Parcel 28-2; | ||
THENCE, with the west line of said Parcel 28-2, the following | ||
five (5) courses: | ||
1) N23°25'44"E a distance of 14.81 feet to a calculated angle | ||
point; | ||
2) N27°12'18"E a distance of 110.07 feet to a calculated | ||
angle point; | ||
3) N27°08'13"E a distance of 109.97 feet to a calculated | ||
angle point; | ||
4) N27°14'30"E a distance of 114.81 feet to a calculated | ||
angle point; and | ||
5) N27°12'49"E a distance of 7.53 feet to a calculated point | ||
at the southeast corner of the above-described Parcel 27-1; | ||
THENCE, with the south line of said Parcel 27-1, N62°40'24"W a | ||
distance of 1,722.95 feet to a calculated point on the east | ||
right-of-way line of FM Highway No. 973 at the southwest corner of | ||
said Parcel 27-1; | ||
THENCE, with the east right-of-way line of said FM Highway | ||
No. 973, N27°14'18"E a distance of 2,115.67 feet to a calculated | ||
point at the intersection with the south right-of-way line of | ||
Harold Green Road at the northwest corner of said Parcel 27-1; | ||
THENCE, with the south right-of-way line of said Harold Green | ||
Road, S62°58'47"E a distance of 1,685.22 feet to a calculated angle | ||
point; | ||
THENCE, continuing with the south right-of-way line of said | ||
Harold Green Road, S49°54'08"E a distance of 37.29 feet to a | ||
calculated point at the intersection with the west right-of-way | ||
line of State Highway No. 130 at the northeast corner of said Parcel | ||
27-1; | ||
THENCE, with the west right-of-way line of said State Highway | ||
No. 130, the following six (6) courses: | ||
1) S27°10'40"W a distance of 207.10 feet to a calculated | ||
point at the northwest corner of said Parcel 28-2; | ||
2) S60°00'52"E a distance of 291.88 feet to a calculated | ||
point at the northeast corner of said Parcel 28-2; | ||
3) S29°59'08"W a distance of 908.52 feet to a calculated | ||
angle point; | ||
4) S12°44'41"W a distance of 849.11 feet to a calculated | ||
angle point; | ||
5) S18°15'23"E a distance of 401.53 feet to a calculated | ||
angle point; and | ||
6) S01°34'38"E a distance of 4,793.91 feet to the POINT OF | ||
BEGINNING, and containing 446 acres of land, more or less. | ||
TRACT 3 | ||
BEGINNING at a calculated point on the west right-of-way line | ||
of FM Highway No. 973 at the northeast corner of the above-described | ||
Parcel 03-4, for the northeast corner and POINT OF BEGINNING of the | ||
herein described tract; | ||
THENCE, with the west right-of-way line of said FM Highway | ||
No. 973, S27°14'18"W a distance of 3,646.01 feet to a calculated | ||
point at the southeast corner of said Parcel 03-4; | ||
THENCE, with the south line of said Parcel 03-4, N62°56'53"W a | ||
distance of 837.14 feet to a calculated point at the southwest | ||
corner of said Parcel 03-4; | ||
THENCE, with the west line of said Parcel 03-4, the following | ||
three (3) courses: | ||
1) N27°31'25"E a distance of 340.08 feet to a calculated | ||
angle point; | ||
2) N27°26'49"E a distance of 1,634.23 feet to a calculated | ||
angle point; and | ||
3) N27°36'28"E a distance of 1,688.35 feet to a calculated | ||
point at the northwest corner of said Parcel 03-4; | ||
THENCE, with the north line of said Parcel 03-4, S61°47'25"E a | ||
distance of 818.72 feet to the POINT OF BEGINNING, and containing 69 | ||
acres of land, more or less. | ||
TRACT 4 | ||
BEGINNING at a calculated point on the east right-of-way line | ||
of FM Highway No. 973 at the northwest corner of the above-described | ||
Parcel 11-1, for the most westerly northwest corner and POINT OF | ||
BEGINNING of the herein described tract; | ||
THENCE, with the north line of said Parcel 11-1, S62°59'56"E a | ||
distance of 1,705.04 feet to a calculated point on the west line of | ||
the above-described Parcel 22-1 at the northeast corner of said | ||
Parcel 11-1; | ||
THENCE, with the west line of said Parcel 22-1, N27°24'34"E a | ||
distance of 854.85 feet to a calculated point on the west | ||
right-of-way line of State Highway No. 130 at the northwest corner | ||
of said Parcel 22-1; | ||
THENCE, with the west right-of-way line of said State Highway | ||
No. 130, the following six (6) courses: | ||
1) S62°02'37"E a distance of 70.21 feet to a calculated point | ||
at the northeast corner of said Parcel 22-1; | ||
2) S12°37'58"W a distance of 1,453.45 feet to a calculated | ||
point of curvature of a curve to the right; | ||
3) Along said curve to the right an arc distance of 557.08 | ||
feet, having a radius of 1813.67 feet, and a chord which bears | ||
S22°23'39"W a distance of 554.89 feet to a calculated point of | ||
tangency; | ||
4) S31°31'30"W a distance of 319.97 feet to a calculated | ||
point at the southeast corner of the above-described Parcel 23-1; | ||
5) N87°37'11"W a distance of 71.61 feet to a calculated angle | ||
point; and | ||
6) N62°35'47"W a distance of 400.24 feet to a calculated | ||
point at the southwest corner of said Parcel 23-1; | ||
THENCE, with the west lines of Parcels 23-1, 28-1 and 22-1, | ||
N27°24'44"E a distance of 1,293.45 feet to a calculated point at the | ||
southeast corner of said Parcel 11-1; | ||
THENCE, with the south line of said Parcel 11-1, N62°59'56"W a | ||
distance of 1,705.16 feet to a calculated point on the east | ||
right-of-way line of said FM Highway No. 973 at the southwest corner | ||
of said Parcel 11-1; | ||
THENCE, with the east right-of-way line of said FM Highway | ||
No. 973, N26°57'04"E a distance of 160.00 feet to the POINT OF | ||
BEGINNING, and containing 24 acres of land, more or less. | ||
TRACT 5 | ||
BEGINNING at a 1/2" iron rod found on the east right-of-way | ||
line of FM Highway No. 973 at the northwest corner of the | ||
above-described Parcel 07-1, for the northwest corner and POINT OF | ||
BEGINNING of the herein described tract; | ||
THENCE, with the north line of said Parcel 07-1, S63°23'23"E a | ||
distance of 1,720.22 feet to a calculated point at the northeast | ||
corner of said Parcel 07-1; | ||
THENCE, with the east line of said Parcel 07-1, a portion of | ||
said line also being the west right-of-way line of said State | ||
Highway No. 130, S27°27'34"W a distance of 5,047.34 feet to a | ||
calculated angle point; | ||
THENCE, continuing with the west right-of-way line of said | ||
State Highway No. 130, S27°52'12"W a distance of 588.10 feet to a | ||
calculated point at the southeast corner of said Parcel 07-1; | ||
THENCE, with the south line of said Parcel 07-1, N63°23'09"W a | ||
distance of 1,723.19 feet to a 1/2" iron rod found with cap marked | ||
"Brooks-Baker" on the east right-of-way line of said FM Highway No. | ||
973 at the southwest corner of said Parcel 07-1; | ||
THENCE, with the east right-of-way line of said FM Highway | ||
No. 973, the following three (3) courses: | ||
1) N27°00'51"E a distance of 790.98 feet to a calculated | ||
angle point; | ||
2) N27°35'51"E a distance of 4,186.86 feet to a calculated | ||
angle point; and | ||
3) N27°44'31"E a distance of 657.55 feet to the POINT OF | ||
BEGINNING, and containing 223 acres of land, more or less. | ||
The gross area contained within Tracts 1, 2, 3, 4 and 5 totals | ||
2,132 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, 2011. |