Bill Text: TX HB4650 | 2021-2022 | 87th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of the East Central Travis County Conservation and Reclamation District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-06-15 - Effective immediately [HB4650 Detail]

Download: Texas-2021-HB4650-Comm_Sub.html

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By: Rodriguez (Senate Sponsor - Zaffirini) H.B. No. 4650
(In the Senate - Received from the House May 17, 2021;
May 17, 2021, read first time and referred to Committee on Water,
Agriculture & Rural Affairs; May 21, 2021, reported favorably by
the following vote: Yeas 8, Nays 0; May 21, 2021, sent to
printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the East Central Travis County
Conservation and Reclamation District No. 1; providing authority to
issue bonds; providing authority to impose assessments, fees, and
taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7953A to read as follows:
CHAPTER 7953A. EAST CENTRAL TRAVIS COUNTY CONSERVATION AND
RECLAMATION DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7953A.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the East Central Travis County
Conservation and Reclamation District No. 1.
Sec. 7953A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7953A.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7953A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7953A.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 7953A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7953A.0106. 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 made 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 a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7953A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7953A.0202, directors
serve staggered four-year terms.
Sec. 7953A.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7953A.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7953A.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7953A.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7953A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7953A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7953A.0303. AUTHORITY FOR ROAD PROJECTS. Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a
municipality for operation and maintenance macadamized, graveled,
or paved roads, or improvements, including storm drainage, in aid
of those roads.
Sec. 7953A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7953A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 7953A.0306. DIVISION OF DISTRICT. (a) The district
may be divided into two or more new districts only if the district:
(1) has never issued any bonds; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) 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.
(d) 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.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
7953A.0103 to confirm the district's creation.
(f) An order dividing the district shall:
(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.
(g) 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 commission and record the order in the real property
records of each county in which the district is located.
(h) A new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 7953A.0103.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
7953A.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
Sec. 7953A.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7953A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section
7953A.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7953A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7953A.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7953A.0403. 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.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7953A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7953A.0502. 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, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7953A.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The East Central Travis County Conservation and
Reclamation District No. 1 initially includes all the territory
contained in the following area:
"PARCEL 1" - (Northwest Tract)
BEING A DESCRIPTION OF a 791.6381 acres (34,483,754 square
foot) tract of land out of the Santiago del Valle Grant, Abstract
No. 24, Travis County, Texas, and being a portion of a called 23.04
acre tract and all of a called 9.18 acre tract, both conveyed to
Thelma Bolm Yeates et al. in Volume 5000, Page 2364 of the Deed
Records of Travis County, Texas (D.R.T.C.T.), save and except a
called 3.647 acre tract (DESCRIBED AS TRACT TWO) conveyed to the
City of Austin in Document No. 2007113005 of the Official Public
Records of Travis County, Texas (O.P.R.T.C.T.), a PORTION of a
called 11.095 acre tract (described as tract three) and a called
232.59 acre tract (described as tract four), both conveyed to
Fitzpatrick Bar X Ranch, L.P., in Document Nos. 2011023927,
2011023928 and 2012046374 (O.P.R.T.C.T.), a portion of said 232.59
acre tract also being described as a called 18.690 acre tract
conveyed to Lake Pasture Ranch, LLC, in Document Nos. 2020032051
and 2020032052 (O.P.R.T.C.T.), and being all of a called 96.38 acre
tract conveyed to Lake Pasture Ranch, LLC, in Document Nos.
2020032051 and 2020032052 (O.P.R.T.C.T.), and being all of a called
241.77 acre tract and a 213.71 acre tract conveyed (as an interest)
to Bailey Ranch Holdings, L.P., in Document No. 2005171964
(O.P.R.T.C.T., said tracts previously described in Volume 5000,
Page 2364 (D.R.T.C.T.)), said 791.6381 acres being more
particularly described by metes and bounds as follows:
BEGINNING, at a 1/2-inch iron rod found in the north
right-of-way line of Hergotz Lane (right-of-way varies), and being
in the south line of said Yeates 23.04 acre tract, and being in the
south line of said Fitzpatrick Bar X Ranch Tract Three, for the
southwest corner and POINT OF BEGINNING hereof, from which a
1/2-inch iron rod found in the north right-of-way line of said
Hergotz Lane and the south line of said Yeates 23.04 acre tract, and
being the southwest corner of said Fitzpatrick Bar X Ranch Tract
Three bears, S83°48'22"W, a distance of 172.37 feet;
THENCE, leaving the north right-of-way line of said Hergotz
Lane and the south lines of said Yeates 23.04 acre tract and said
Fitzpatrick Bar X Ranch Tract Three, over and across said 23.04 acre
Yeates tract, and in part over and across said Fitzpatrick Bar X
Ranch Tract Three, N08°00'12"W, passing at a distance of 507.24
feet, a 1/2-inch iron rod with "4Ward Boundary" cap set for
reference, and continuing a total distance of 517.24 feet to a
calculated point for the northwest corner hereof, said point being
at the record south bank of the Colorado River, said point being at
the northwest corner of said Yeates 9.18 acre tract, and being the
northeast corner of said Yeates 23.04 acre tract;
THENCE, continuing with the south bank of the Colorado and
its meanders, and with the north line of said Yeates 9.18 acre
tract, N57°22'21"E, a distance of 261.21 feet to a 1/2-inch iron rod
found for an angle point hereof, said point being at the northwest
corner of said Fitzpatrick Bar X Ranch Tract Three;
THENCE, continuing with the south bank of the Colorado and
its meanders, and with the north lines of said Yeates 9.18 acre
tract and said Fitzpatrick Bar X Ranch Tract Three, N56°52'41"E, a
distance of 555.06 feet to a 1/2-inch iron rod found for an angle
point hereof, said point being at the northwest corner of said
Bailey Ranch 241.77 acre tract, and being the northeast corner of
said Yeates 9.18 acre tract and said Fitzpatrick Bar X Ranch Tract
Three;
THENCE, continuing with the south bank of the Colorado and
its meanders, and with the north line of said Bailey Ranch 241.77
acre tract, the following eighteen (18) courses and distances:
1. N58°14'11"E, a distance of 332.87 feet to a calculated
point for an angle point hereof,
2. N51°07'11"E, a distance of 338.18 feet to a calculated
point for an angle point hereof,
3. N46°15'11"E, a distance of 321.10 feet to a calculated
point for an angle point hereof,
4. N43°39'11"E, a distance of 149.34 feet to a calculated
point for an angle point hereof,
5. N48°02'11"E, a distance of 50.98 feet to a calculated
point for an angle point hereof,
6. N24°04'11"E, a distance of 685.91 feet to a calculated
point for an angle point hereof,
7. N50°55'11"E, a distance of 282.84 feet to a calculated
point for an angle point hereof,
8. N42°55'11"E, a distance of 224.48 feet to a calculated
point for an angle point hereof,
9. N35°03'11"E, a distance of 583.65 feet to a calculated
point for an angle point hereof,
10. N47°57'11"E, a distance of 953.18 feet to a calculated
point for an angle point hereof,
11. N52°47'11"E, a distance of 454.52 feet to a calculated
point for an angle point hereof,
12. N47°41'11"E, a distance of 584.84 feet to a calculated
point for an angle point hereof,
13. N45°16'11"E, a distance of 814.33 feet to a calculated
point for an angle point hereof,
14. N57°22'11"E, a distance of 643.29 feet to a calculated
point for an angle point hereof,
15. N71°50'11"E, a distance of 357.44 feet to a calculated
point for an angle point hereof,
16. N72°50'11"E, a distance of 326.39 feet to a calculated
point for an angle point hereof,
17. N74°08'11"E, a distance of 226.51 feet to a calculated
point for an angle point hereof, and
18. N75°04'11"E, a distance of 166.61 feet to a calculated
point for an angle point hereof, said point being at the northwest
corner of said Fitzpatrick Bar X Ranch Tract Four, and being the
northeast corner of said Bailey Ranch 241.77 acre tract, from which
a 12" wooden fence post found bears N19°01'28"E, a distance of 5.96
feet;
THENCE, continuing with the south bank of the Colorado and
its meanders, and with the north line of said Fitzpatrick Bar X
Ranch Tract Four, the following eleven (11) courses and distances:
1. N73°35'14"E, a distance of 161.13 feet to a calculated
point for an angle point hereof,
2. S87°46'46"E, a distance of 318.37 feet to a calculated
point for an angle point hereof,
3. S75°18'46"E, a distance of 189.00 feet to a calculated
point for an angle point hereof,
4. N83°09'14"E, a distance of 399.34 feet to a calculated
point for an angle point hereof,
5. N78°54'14"E, a distance of 505.42 feet to a calculated
point for an angle point hereof,
6. N86°04'14"E, a distance of 485.59 feet to a calculated
point for an angle point hereof,
7. N84°30'14"E, a distance of 436.01 feet to a calculated
point for an angle point hereof,
8. N75°31'14"E, a distance of 200.12 feet to a calculated
point for an angle point hereof,
9. N68°13'14"E, a distance of 311.43 feet to a calculated
point for an angle point hereof,
10. N79°14'14"E, a distance of 976.26 feet to a calculated
point for an angle point hereof, and
11. S74°59'46"E, a distance of 760.57 feet to a calculated
point for an angle point hereof, said point being in the northwest
line of a called 55.68 acre tract conveyed to Martin Lee Mehner in
Document No. 2011058578 (O.P.R.T.C.T.), and being the northeast
corner of said Fitzpatrick Bar X Ranch Tract Four, from which a
1/2-inch iron rod with "M Meador 1966" cap found at the north corner
of said Mehner tract bears, N43°06'00"E, a distance of 2.00 feet;
THENCE, with the common line of said Mehner tract and said
Fitzpatrick Bar X Ranch Tract Four, S43°06'00"W, passing at a
distance of 164.10 feet, 1/2-inch iron rod with "M Meador 1966" cap
found, passing at a distance of 985.34 feet, a 1/2-inch iron rod
with "M Meador 1966" cap found, and continuing for a total distance
of 3282.41 feet to a 1/2-inch iron rod found for an angle point
hereof, said point being at the northeast corner of said 96.38 acre
Lake Pasture Ranch tract, and being the southeast corner of said
Fitzpatrick Bar X Ranch Tract Four, said corner also described in a
Surveyor's Report in Document No. 2020032051 (O.P.R.T.C.T.);
THENCE, with the common line of said Mehner tract and said
96.38 acre Lake Pasture Ranch tract, the following two (2) courses
and distances:
1. S42°28'38"W, a distance of 32.57 feet to a 1/2-inch iron
rod with illegible cap found for an angle point hereof, and
2. S42°58'37"W, a distance of 1011.32 feet to a 1/2-inch iron
rod with "M Meador 1966" cap found for an angle point hereof, said
point being at the north corner of a called 110.07 acre tract
conveyed to APAC-Texas, Inc., in Document No. 2011024518
(O.P.R.T.C.T.), and being the west corner of said Mehner tract;
THENCE, with the common line of said APAC-Texas tract and
said 96.38 acre Lake Pasture Ranch tract, S42°56'36"W, a distance of
2,503.52 feet to a 1/2-inch iron rod with "M Meador 1966" cap found
for the southeast corner hereof, said point being at the beginning
of the right-of-way transition from Ramirez Lane (right-of-way
varies) to Edwin Lane (right-of-way varies) and being the common
south corner of said APAC-Texas tract and said 96.38 acre Lake
Pasture Ranch tract;
THENCE, with the right-of-way transition from said Ramirez
Lane to said Edwin Lane, and with the south line of said 96.38 acre
Lake Pasture Ranch tract, the following two (2) courses and
distances:
1. N76°53'45"W, a distance of 18.75 feet to a 1/2-inch iron
rod with "4Ward Boundary" cap set for an angle point hereof, and
2. S43°18'15"W, a distance of 23.43 feet to a 60D found in a
6" cedar fence post for an angle point hereof, said point being at
the end of the right-of-way transition from said Ramirez Lane to
said Edwin Lane, and being the northeast corner of said Bailey Ranch
213.71 acre tract, and being a south corner of said 96.38 acre Lake
Pasture Ranch tract, said corner also described in a Surveyor's
Report in Document No. 2020032051 (O.P.R.T.C.T.);
THENCE, with the northwest right-of-way line of said Edwin
Lane and the southeast line of said Bailey Ranch 213.71 acre tract,
S42°54'57"W, a distance of 3727.82 feet to a 3/4-inch iron pipe
found for an angle point hereof, said point being at the beginning
of the right-of-way transition from said Edwin Lane to said Hergotz
Lane;
THENCE, with the right-of-way transition from said Edwin Lane
to said Hergotz Lane, and with the south line of said Bailey Ranch
213.71 acre tract, S87°43'19"W, a distance of 71.52 feet to a
3/4-inch iron pipe found for an angle point hereof, said point being
at the end of the right-of-way transition from said Edwin Lane to
said Hergotz Lane;
THENCE, with the northeast right-of-way line of said Hergotz
Lane and the southwest line of said Bailey Ranch 213.71 acre tract,
N47°37'54"W, a distance of 2631.84 feet to a 1/2-inch iron rod with
"4Ward Boundary" cap set for an angle point hereof, said point being
at the southeast corner of said Yeates 23.04 acre tract, and being
an angle point in the north right-of-way line of said Hergotz Lane;
THENCE, with the north right-of-way line of said Hergotz Lane
and the south line of said Yeates 23.04 acre tract, and in part with
the south line of said Fitzpatrick Bar X Ranch Tract Three, the
following three (3) courses and distances:
1. N70°30'10"W, a distance of 155.17 feet to a 1/2-inch iron
rod with "4Ward Boundary" cap set for an angle point hereof,
2. S84°35'14"W, passing at a distance of 1,057.99 feet, a
1/2-inch iron rod found at the southeast corner of said Fitzpatrick
Bar X Ranch Tract Three, and continuing for a total distance of
1267.11 feet to a 1/2-inch iron rod with "4Ward Boundary" cap set
for an angle point hereof, and
3. S83°48'22"W, a distance of 160.29 feet to the POINT OF
BEGINNING, and containing 791.6381 acres (34,483,754 square feet)
more or less.
"PARCEL 2" - (Southwest Tract)
BEING A DESCRIPTION OF a 382.5693 acres (16,664,720 square
foot) tract of land out of the Santiago del Valle Grant, Abstract
No. 24, Travis County, Texas, and being a portion of a called 308.61
acre tract (described as tract one) conveyed to the Fitzpatrick Bar
X Ranch, L.P., in Document Nos. 2011023927, 2011023928 and
2012046374 of the Official Public Records of Travis County, Texas
(O.P.R.T.C.T.), said tract being previously described as a 302.45
acre tract in a deed to Thelma Bolm Yeates et al. in Volume 5000,
Page 2364 of the Deed Records of Travis County, Texas (D.R.T.C.T.),
and being all of a called 92.50 acre tract conveyed to Bailey Ranch
Holdings, L.P., in Document No. 2005171964 (O.P.R.T.C.T., said
tract being previously described in Volume 5000, Page 2364
(D.R.T.C.T.)), save and except a called 12.600 acre tract conveyed
to Marcelo Vera in Document No. 2007215877 (O.P.R.T.C.T.), said
382.5693 acres being more particularly described by metes and
bounds as follows:
BEGINNING, at a 1/2-inch iron pipe found at the beginning of
the right-of-way transition from Hergotz Lane (right-of-way
varies) to Dalton Lane (right-of-way varies) and being an east
corner of said Bailey Ranch tract, for an east corner and POINT OF
BEGINNING hereof;
THENCE, with the right-of-way transition from said Hergotz
Lane to said Dalton Lane, and with the east line of said Bailey
Ranch tract, S02°42'33"E, a distance of 70.07 feet to a 1/2-inch
iron rod with "4Ward Boundary" cap set for an east corner hereof,
said point being at the end of the right-of-way transition from said
Hergotz Lane to said Dalton Lane;
THENCE, with the northwest right-of-way line of said Dalton
Lane and the southeast line of said Bailey Ranch tract, S42°37'41"W,
a distance of 2,350.51 feet to a 1/2-inch iron rod found for the
southeast corner hereof, said point being the east corner of said
Vera tract, from which a bolt found at the east corner of a called
10.74 acre tract conveyed to Marcelo and Josephine Vera in Document
No. 2013076814 (O.P.R.T.C.T., said tract being the remainder of a
called 40 acre tract described in Volume 397 Page 437
(D.R.T.C.T.)), and being the south corner of said Vera 12.600 acre
tract, and being the south corner of said Bailey Ranch tract bears,
S42°43'09"W, a distance of 381.65 feet;
THENCE, leaving the northwest right-of-way line of said
Dalton Lane and the southeast line of said Bailey Ranch tract, over
and across said Bailey Ranch tract, in part over and across said
Fitzpatrick Bar X tract, with the northeast line of said Vera 12.600
acre tract, N47°42'21"W, a distance of 1,446.24 feet to a 1/2-inch
iron rod found for an interior ell-corner hereof, said point being
in the southeast line of said Yeates 302.45 acre tract, and being in
the northwest line of said Bailey Ranch tract, and being the north
corner of said Vera 12.600 acre tract;
THENCE, over and across said Fitzpatrick Bar X tract, with
the common line of said Bailey Ranch tract, said Vera 12.600 acre
tract and said Yeates 302.45 acre tract, the following two (2)
courses and distances:
1. S42°46'49"W, a distance of 377.12 feet to a 1/2-inch iron
rod found for an interior ell-corner hereof, and
2. S47°31'34"E, a distance of 81.24 feet to a 1/2-inch iron
rod with "4Ward Boundary" cap set for an exterior ell-corner
hereof, said point being the north corner of said Vera 10.74 acre
tract, and being in the southwest line of said Vera 12.600 acre
tract, and being an angle point in the east line of said Yeates
302.45 acre tract and said Fitzpatrick Bar X tract, from which a
bolt found in the northwest right-of-way of said Dayton Lane, and
being the common south corner of said Vera 10.74 acre and 12.600
acre tracts and said Bailey Ranch tract bears, S47°31'34"E, a
distance of 1,365.38 feet;
THENCE, with the northwest line of said Vera 10.74 acre tract
and the southeast line of said Fitzpatrick Bar X tract, S42°40'08"W,
passing at a distance of 1.90 feet, a 1/2-inch iron rod found, and
continuing for a total distance of 343.98 feet to a 3/4-inch iron
pipe found for an angle point hereof, said point being at the north
corner of a called 13.6040 acre tract conveyed to the Jane Rabb
Family Trust in Document No. 2012031044 (O.P.R.T.C.T., said tract
described in Volume 11209, Page 877 of the Real Property Records of
Travis County, Texas (R.P.R.T.C.T.)), and being the west corner of
said Vera 10.74 acre tract;
THENCE, with the northwest line of said Rabb tract and the
southeast line of said Fitzpatrick Bar X tract, S42°45'59"W, a
distance of 423.13 feet to a 2-inch iron rod found for the southeast
corner hereof, said point being the east corner of a called 16.49
acre tract conveyed to AAA Fire & Safety Equipment Co., Inc., in
Document No. 2009209643 (O.P.R.T.C.T., said tract being the
remainder of a 26.04 acre tract described in Volume 9665, Page 120
(R.P.R.T.C.T.)), and being the southeast corner of said Fitzpatrick
Bar X tract;
THENCE, with the northeast line of said AAA Fire & Safety
tract and the southwest line of said Fitzpatrick Bar X tract,
N47°48'33"W, a distance of 306.53 feet to a 1/2-inch iron rod found
for an angle point hereof, said point being the east corner of a
called 9.55 acre tract conveyed to Victor M. Medina in Document
No. 2009109790 (O.P.R.T.C.T., said tract described in Volume
13266, Page 2782 (R.P.R.T.C.T.)), and being the north corner of
said AAA Fire & Safety Equipment tract;
THENCE, with the northeast line of said Medina tract and the
southwest line of said Fitzpatrick Bar X tract, N47°13'08"W, a
distance of 329.20 feet to a 1.25-inch iron rod found for an angle
point hereof, said point being the east corner of a called 42.65
acre tract conveyed to J-V Marble Mfg. Inc., et al., in Volume 8467,
Page 555 (D.R.T.C.T.), and being the north corner of said Medina
tract;
THENCE, with the northeast line of said J-V Marble Mfg. tract
and the southwest line of said Fitzpatrick Bar X tract, the
following two (2) courses and distances:
1. N47°48'26"W, a distance of 316.92 feet to a 1/2-inch iron
rod with "4Ward Boundary" cap set for an angle point hereof, and
2. N47°47'39"W, a distance of 317.84 feet to a 1/2-inch iron
pipe found for an exterior ell-corner hereof, said point being in
the southeast line of a called 3.699 acre tract conveyed to William
and Bernice Schkade in Volume 10890, Page 1381 (R.P.R.T.C.T.), and
being the north corner of said J-V Marble tract;
THENCE, with the common line of said Schkade tract and said
Fitzpatrick Bar X tract, the following two (2) courses and
distances:
1. N42°00'37"E, a distance of 273.36 feet to a 1/2-inch iron
rod found for an interior ell-corner hereof, and
2. N47°54'43"W, a distance of 150.55 feet to a 1-inch iron
rod found for an angle point hereof, said point being at the east
corner of a 2.994 acre tract conveyed to the City of Austin in
Document No. 2012014510 (O.P.R.T.C.T.), and being the north corner
of said Schkade tract;
THENCE, with the northeast line of said City of Austin tract
and the southwest line of said Fitzpatrick Bar X tract, N47°27'44"W,
a distance of 165.11 feet to a 1-inch iron rod found for an angle
point hereof, said point being at the northeast terminus of the
right-of-way of Patton Lane (25' right-of-way, dedicated in
Bergstrom Downs No. 1, recorded in Volume 5, Page 2 of the Plat
Records of Travis County, Texas (P.R.T.C.T.)), and being at the
north corner of said City of Austin tract;
THENCE, with the southwest line of said Fitzpatrick Bar X
tract, in part with the northern terminus of said Patton Lane, in
part with the northeast line of Lot 13, Block 5 of said Bergstrom
Down No. 1, and in part with the northeast line of a called 21.233
acre tract conveyed to Bruce Anton in Volume 13071, Page 1645
(R.P.R.T.C.T.), N47°40'09"W, passing at a distance of 25.03 feet, a
1/2-inch iron pipe found, passing at a distance of 168.62 feet, a
1/2-inch iron rod found, and continuing for a total distance of
516.22 feet to a 1/2-inch iron pipe found for an angle point hereof,
said point being at the east corner of a called 20.56 acre tract
conveyed to the ZZV Trust in Document No. 2012221563
(O.P.R.T.C.T.), and being the north corner of said Anton tract;
THENCE, with the northeast line of the ZZV Trust tract and the
southwest line of said Fitzpatrick Bar X tract, N47°27'34"W, a
distance of 1,611.25 feet to a 1/2-inch iron rod with "4Ward
Boundary" cap set for the southwest corner hereof, said point being
in the east right-of-way line of Thompson Lane (right-of-way
varies), and being at the north corner of said ZZV tract;
THENCE, with the east right-of-way line of said Thompson Lane
and the west line of said Fitzpatrick Bar X tract, the following
three (3) courses and distances:
1. N41°12'11"E, a distance of 513.45 feet to a 1/2-inch iron
pipe found for an angle point hereof,
2. N08°08'06"E, a distance of 62.88 feet to a 1/2-inch iron
pipe found for an angle point hereof, and
3. N00°44'13"W, a distance of 1,330.76 feet to a 1/2-inch
iron rod with "4Ward Boundary" cap set for the northwest corner
hereof, said point being at the intersection of the east
right-of-way line of said Thompson Lane with the south right-of-way
line of said Hergotz Lane;
THENCE, with the south and southwest right-of-way lines of
said Hergotz Lane, and with the north and east lines of said
Fitzpatrick Bar X tract, the following six (6) courses and
distances:
1. N79°32'51"E, a distance of 469.26 feet to a 3/4-inch iron
pipe found for an angle point hereof,
2. N83°48'22"E, a distance of 513.19 feet to a 1/2-inch iron
rod found for an angle point hereof,
3. N84°35'14"E, a distance of 1,239.77 feet to a 3/4-inch
iron pipe found for a point of curvature hereof,
4. Along the arc of a curve to the right, having an arc
length of 147.98 feet, having a radius of 204.60 feet, and a chord
that bears S71°32'06"E, a distance of 144.77 feet to a 1/2-inch iron
pipe found for a point of non-tangency hereof,
5. S44°12'22"E, a distance of 84.28 feet to a 60D nail found
for an angle point hereof, and
6. S47°40'40"E, a distance of 2,934.71 feet to a 1/2-inch
iron rod found for an angle point hereof, said point being the
common north corner of said Bailey Ranch tract and said Yeats tract;
THENCE, continuing with the southwest right-of-way line of
said Hergotz Lane, with the northeast line of said Bailey Ranch
tract, in part with the northeast line of said Fitzpatrick Bar X
tract, S47°36'25"E, a distance of 1,396.48 feet to the POINT OF
BEGINNING, and containing 382.5693 acres (16,664,720 square feet)
more or less.
"PARCEL 3" - (Central Tract)
BEING A DESCRIPTION OF a 162.4222 acres (7,075,112 square
foot) tract of land out of the Santiago del Valle Grant, Abstract
No. 24, Travis County, Texas, and being all of a called 162.50 acre
tract conveyed to Bailey Ranch Holdings, L.P., in Document
No. 2005171964 of the Official Public Records of Travis County,
Texas (O.P.R.T.C.T.), said tract being previously described as a
162.50 acre tract in a deed to Thelma Bolm Yeates et al. in Volume
5000, Page 2364 of the Deed Records of Travis County, Texas
(D.R.T.C.T.), said 162.4222 acres being more particularly
described by metes and bounds as follows:
BEGINNING, at a 1/2-inch iron pipe found in the southwest
right-of-way line of Ramirez Lane (right-of-way varies), and being
at the north corner of a called 29.807 acre tract conveyed to
APAC-Texas, Inc., in Document No. 2011018691 (O.P.R.T.C.T.), and
being the east corner of said Bailey Ranch tract, for the east
corner and POINT OF BEGINNING hereof, from which a 1/2-inch iron rod
found at an angle point in the southwest right-of-way line of said
Ramirez Lane, and being an east corner of said APAC-Texas tract
bears, S47°37'26"E, a distance of 635.21 feet;
THENCE, leaving the southwest right-of-way line of said
Ramirez Lane, with the southeast line of said Bailey Ranch tract, in
part with the northwest line of said APAC-Texas tract, in part with
the northwest line of a called 10.039 acre tract conveyed to
Hergotz, LLC, in Document No. 2019004534 (O.P.R.T.C.T.), in part
with the northwest line of a called 1.761 acre tract conveyed to
Antonio Suarez Aguirre et al. in Document No. 2008193608
(O.P.R.T.C.T.), in part with the northwest line of a called 3.231
acre tract conveyed to Charly Sarkadi in Document No. 2004035575
(O.P.R.T.C.T.), and in part with the northwest line of a called
14.826 acre tract conveyed to APAC-Texas, Inc., in Document
No. 2011018688 (O.P.R.T.C.T.), S42°54'27"W, passing at a distance
of 926.78 feet, a 1/2-inch iron rod found, passing at a distance of
2,504.97 feet, a calculated point, from which calculated point a
1/2-inch iron rod with "5687" cap found bears, N56°14'08"E, a
distance of 3.53 feet, and also from said calculated point a
1/2-inch iron pipe found at the record north corner of said Aguirre
tract bears, N48°13'15"W, a distance of 6.93 feet, passing at a
distance of 2,815.18 feet, a 1/2-inch iron pipe found at the common
north corner of said Sarkadi tract and said 14.826 acre APAC-Texas
tract, and continuing for a total distance of 3,741.68 feet to a
1/2-inch iron pipe found for the south corner hereof, said point
being in the northeast right-of-way line of Hergotz Lane
(right-of-way varies) and being the west corner of said 14.826 acre
APAC-Texas tract, and being the south corner of said Bailey Ranch
tract, from which a 5/8-inch iron rod found at the beginning of the
curving right-of-way transition from said Hergotz Lane to said
Ramirez Lane, and being a south corner of said 14.826 acre
APAC-Texas tract bears, S47°38'16"E, a distance of 565.48 feet;
THENCE, with the northeast right-of-way line of said Hergotz
Lane and the southwest line of said Bailey Ranch tract, N47°38'16"W,
a distance of 1,841.32 feet to a 5/8-inch iron rod found for a west
corner hereof, said point being at the beginning of the
right-of-way transition from said Hergotz Lane to Edwin Lane
(right-of-way varies);
THENCE, with the right-of-way transition from said Hergotz
Lane to said Edwin Lane, and with the west line of said Bailey Ranch
tract, N05°17'20"W, a distance of 66.80 feet to a 3/4-inch iron pipe
found for a west corner hereof, said point being at the end the
right-of-way transition from said Hergotz Lane to said Edwin Lane;
THENCE, with the southeast right-of-way line of said Edwin
Lane and the northwest line of said Bailey Ranch tract, N42°57'11"E,
a distance of 3,654.59 feet to a 1/2-inch iron pipe found for a
north corner hereof, said point being at the beginning of the
right-of-way transition from said Edwin Lane to said Ramirez Lane;
THENCE, with the right-of-way transition from said Edwin Lane
to said Ramirez Lane, and with the north line of said Bailey Ranch
tract, N87°54'06"E, a distance of 70.83 feet to a 1/2-inch iron pipe
found for a north corner hereof, said point being at the end of the
right-of-way transition from said Edwin Lane to said Ramirez Lane;
THENCE, with the southwest right-of-way line of said Ramirez
Lane and the northeast line of said Bailey Ranch tract, S47°24'15"E,
a distance of 1,838.08 feet to the POINT OF BEGINNING, and
containing 162.4222 acres (7,075,112 square feet) more or less.
"PARCEL 4" - (East Tract)
BEING A DESCRIPTION OF a 767.2590 acres (33,421,803 square
foot) tract of land out of the Santiago del Valle Grant, Abstract
No. 24, Travis County, Texas, and being all of a called 400.173 acre
tract (described as tract two) conveyed to Fitzpatrick Bar X Ranch,
L.P., in Document Nos. 2011023927, 2011023928 and 2012046374 of the
Official Public Records of Travis County, Texas (O.P.R.T.C.T.), a
portion of said 400.173 acre tract being described as a called 17.40
acre tract conveyed to Thelma Bolm Yeates and Mary Ann Bailey in
Document No. 2003155937 (O.P.R.T.C.T.), and being all of a called
366.305 acre tract conveyed to Bailey Ranch Holdings, L.P., in
Document No. 2005171964 of the Official Public Records of Travis
County, Texas (O.P.R.T.C.T.), said tract being previously
described as a 366.305 acre tract in a deed to Thelma Bolm Yeates et
al. in Volume 5146, Page 1838 of the Deed Records of Travis County,
Texas (D.R.T.C.T.), said 767.2590 acres being more particularly
described by metes and bounds as follows:
BEGINNING, at a 3/4-inch iron pipe found at the beginning of
the right-of-way transition from Hergotz Lane (right-of-way
varies) to Ramirez Lane (right-of-way varies), and being a west
corner of said Bailey Ranch 366.305 acre tract, for a west corner
and POINT OF BEGINNING hereof;
THENCE, with the right-of-way transition from said Hergotz
Lane to said Ramirez Lane, and with the west line of said Bailey
Ranch 366.305 acre tract, N00°10'13"W, a distance of 69.04 feet to a
3/4-inch iron pipe found for an angle point hereof, said point being
at the end of the right-of-way transition from said Hergotz Lane to
said Ramirez Lane;
THENCE, with the southeast right-of-way line of said Ramirez
Lane and the northwest line of said Bailey Ranch 366.305 acre tract,
N42°35'28"E, a distance of 1,281.25 feet to a 1/2-inch iron rod
found for an angle point hereof, said point being at the common west
corner of said Bailey Ranch 366.305 acre tract and said Fitzpatrick
Bar X Ranch Tract Two;
THENCE, with the southeast right-of-way line of said Ramirez
Lane and the northwest line of said Fitzpatrick Bar X Ranch Tract
Two, N42°04'37"E, a distance of 765.26 feet to a 1/2-inch iron rod
with "4Ward Boundary" cap set for an angle point hereof, said point
being a corner in the southeast right-of-way line of said Ramirez
lane, and being a southwest corner of a called 96.580 acre tract
conveyed to Earth Reclamation, Ltd., in Document No. 2004035838
(O.P.R.T.C.T.), and being an angle point in the west line of said
Fitzpatrick Bar X Ranch Tract Two;
THENCE, leaving the southeast right-of-way line of said
Ramirez Lane, with the common line of said Earth Reclamation tract
and said Fitzpatrick Bar X Ranch Tract Two, the following eight (8)
courses and distances:
1. N42°28'53"E, a distance of 579.18 feet to a 1/2-inch iron
rod with "4Ward Boundary" cap set for an exterior ell-corner
hereof,
2. S47°48'52"E, a distance of 652.51 feet to a 1/2-inch iron
rod found for an interior ell-corner hereof,
3. N42°32'50"E, a distance of 1,249.08 feet to a 1/2-inch
iron rod with "4Ward Boundary" cap set for an angle point hereof,
4. N42°31'25"E, a distance of 4,406.00 feet to a 1/2-inch
iron rod found for an angle point hereof,
5. N43°45'59"E, a distance of 81.58 feet to a 1/2-inch iron
rod found for an angle point hereof,
6. N40°09'40"E, a distance of 63.58 feet to a 1/2-inch iron
rod with "4Ward Boundary" cap set for an angle point hereof,
7. N42°55'11"E, a distance of 254.42 feet to a 1/2-inch iron
rod found for an angle point hereof, and
8. N48°03'31"E, a distance of 83.13 feet to a calculated
point for the northwest corner hereof, said point being at the
record south bank of the Colorado River, and being the common north
corner of said Earth Reclamation tract and said Fitzpatrick Bar X
Ranch Tract Two;
THENCE, with the south and west bank of the Colorado River and
its meanders, and with the north and east line of said Fitzpatrick
Bar X Ranch Tract Two, and in part with the east line of said Yeates
17.40 acre tract, the following seventeen (17) courses and
distances:
1. S84°06'14"E, a distance of 187.53 feet to a calculated
point for an angle point hereof,
2. S83°40'29"E, a distance of 335.93 feet to a calculated
point for an angle point hereof,
3. S86°17'29"E, a distance of 303.33 feet to a calculated
point for an angle point hereof,
4. S87°19'14"E, a distance of 309.73 feet to a calculated
point for an angle point hereof,
5. N84°55'46"E, a distance of 126.79 feet to a calculated
point for an angle point hereof,
6. N84°39'31"E, a distance of 532.36 feet to a calculated
point for an angle point hereof,
7. N73°10'31"E, a distance of 413.33 feet to a calculated
point for an angle point hereof,
8. S73°57'29"E, a distance of 481.77 feet to a calculated
point for an angle point hereof,
9. S63°04'29"E, a distance of 248.96 feet to a calculated
point for an angle point hereof,
10. S09°49'29"E, a distance of 412.39 feet to a calculated
point for an angle point hereof,
11. S05°17'29"E, a distance of 611.32 feet to a calculated
point for an angle point hereof,
12. S03°51'29"E, a distance of 348.04 feet to a calculated
point for an angle point hereof,
13. S06°40'31"W, a distance of 321.10 feet to a calculated
point for an angle point hereof,
14. S16°07'31"W, a distance of 604.24 feet to a calculated
point for an angle point hereof,
15. S19°58'31"W, a distance of 217.01 feet to a calculated
point for an angle point hereof,
16. S24°57'31"W, a distance of 297.76 feet to a calculated
point for an angle point hereof, and
17. S29°56'59"W, a distance of 367.43 feet to a calculated
point for an angle point hereof, said point being at the northeast
corner of said 366.305 acre Bailey Ranch tract, and being the
southeast corner of said Fitzpatrick Bar X Ranch Tract Two and said
Yeates 17.40 acre tract;
THENCE, continuing with the west bank of the Colorado River
and its meanders, and with the east line of said Bailey Ranch
366.305 acre tract, the following nine (9) courses and distances:
1. S29°39'46"W, a distance of 86.10 feet to a calculated
point for an angle point hereof,
2. S28°37'46"W, a distance of 433.71 feet to a calculated
point for an angle point hereof,
3. S28°32'46"W, a distance of 391.84 feet to a calculated
point for an angle point hereof,
4. S37°22'46"W, a distance of 449.07 feet to a calculated
point for an angle point hereof,
5. S33°20'46"W, a distance of 560.61 feet to a calculated
point for an angle point hereof,
6. S43°36'46"W, a distance of 564.76 feet to a calculated
point for an angle point hereof,
7. S40°54'46"W, a distance of 313.93 feet to a calculated
point for an angle point hereof,
8. S45°52'46"W, a distance of 431.48 feet to a calculated
point for an angle point hereof, and
9. S69°21'46"W, a distance of 487.42 feet to a calculated
point for an angle point hereof, said point being at the southeast
corner of a called 53.85 acre tract conveyed to Bailey Ranch
Holdings, L.P., et al, in Document No. 2005171962 (O.P.R.T.C.T.,
said tract being a portion of a 891 acre tract described in Volume
601, Page 320 (D.R.T.C.T.)),
THENCE, leaving the west bank of the Colorado River, with the
common line of said Bailey Ranch 53.85 acre and 366.305 tracts, the
following six (6) courses and distances:
1. N38°45'39"W, passing at a distance of 75.00 feet, a
1/2-inch iron rod with "4Ward Boundary" cap set for reference, and
continuing for a total distance of 583.85 feet to a 1/2-inch iron
rod found for an angle point hereof,
2. N43°26'39"W, a distance of 422.83 feet to a 1/2-inch iron
rod found for an angle point hereof,
3. N44°18'39"W, a distance of 371.63 feet to a 1/2-inch iron
rod found for an angle point hereof,
4. N44°06'07"W, a distance of 516.85 feet to a 1/2-inch iron
rod found for an angle point hereof,
5. S58°07'46"W, a distance of 1269.60 feet to a 1/2-inch iron
rod found for an angle point hereof, and
6. S32°07'14"E, passing at a distance of 1,351.73 feet, a
1/2-inch iron rod with "4Ward Boundary" cap set for reference, and
continuing for a total distance of 1405.73 feet to a calculated
point for an angle point hereof, said point being at the record west
bank of the Colorado River;
THENCE, with the west bank of the Colorado River and its
meanders, and with the east line of said Bailey Ranch 366.305 acre
tract, the following seven (7) courses and distances:
1. S77°19'20"W, a distance of 216.14 feet to a calculated
point for an angle point hereof,
2. S79°08'20"W, a distance of 229.37 feet to a calculated
point for an angle point hereof,
3. S67°13'20"W, a distance of 489.25 feet to a calculated
point for an angle point hereof,
4. S73°38'20"W, a distance of 595.62 feet to a calculated
point for an angle point hereof,
5. S78°11'20"W, a distance of 720.28 feet to a calculated
point for an angle point hereof,
6. S61°31'20"W, a distance of 585.87 feet to a calculated
point for an angle point hereof, and
7. S68°38'20"W, a distance of 494.12 feet to a calculated
point for an angle point hereof, said point being the east corner of
a called 61.412 acre tract conveyed to Cumberland & Western
Resources, LLC, in Document No. 2007028772 (O.P.R.T.C.T.), and
being the southeast corner of said Bailey Ranch 366.305 acre tract;
THENCE, leaving the west bank of the Colorado River, with the
common line of Cumberland & Western tract and said Bailey Ranch
366.305 acre tract, N48°03'16"W, passing at a distance of 164.19
feet, a 60D nail found, and continuing for a total distance of
958.20 feet to a 3/4-inch iron pipe found for an angle point hereof,
said point being at the northeast terminus of said Hergotz Lane, and
being the north corner of said Cumberland & Western tract, from
which a 1/2-inch iron rod found at the southeast terminus of said
Hergotz Lane, and being at the east corner of a called 19.78 acre
tract conveyed to Brenton Harris Johnson in Document No. 2017193174
(O.P.R.T.C.T.), and being an angle point in the northwest line of
said Cumberland & Western tract bears, S45°29'14"W, a distance of
175.32 feet;
THENCE, with the northeast right-of-way line of said Hergotz
Lane and the southwest line of said Bailey Ranch 366.305 acre tract,
the following two (2) courses and distances:
1. S78°41'22"W, a distance of 154.66 feet to a 3/4-inch iron
pipe found for an angle point hereof, and
2. N47°46'26"W, a distance of 1,150.11 feet to the POINT OF
BEGINNING, and containing 767.2590 acres (33,421,803 square feet)
more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect 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, 2021.
* * * * *