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  H.B. No. 4719
 
 
 
 
AN ACT
  relating to the creation of the Burnet County Municipal Utility
  District No. 3; providing authority to impose a tax and issue bonds;
  granting a limited power of eminent domain.
         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 8315 to read as follows:
  CHAPTER 8315.  BURNET COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8315.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Burnet County Municipal
  Utility District No. 3.
         Sec. 8315.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8315.003.  CONFIRMATION AND DIRECTORS' 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. 8315.004.  CONSENT OF MUNICIPALITY REQUIRED. (a)  The
  temporary directors may not hold an election under Section 8315.003
  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.
         (b)  A municipality may not provide consent under Subsection
  (a) until the municipality and the owner or owners of the territory
  described by Section 2 of the Act creating this chapter have
  executed an annexation agreement governing the municipality's
  eventual annexation of the territory. The municipality may
  incorporate any of the terms of the annexation agreement into the
  ordinance or resolution described by Subsection (a).
         Sec. 8315.005.  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. 8315.006.  INITIAL DISTRICT TERRITORY.  (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act creating this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act creating this chapter form a closure.  A mistake made in the
  field notes or in copying the field notes in the legislative process
  does not affect 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.
  [Sections 8315.007-8315.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8315.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8315.052, directors serve
  staggered four-year terms.
         Sec. 8315.052.  TEMPORARY DIRECTORS.  (a)  On or after the
  effective date of the Act creating 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 Texas Commission on
  Environmental Quality 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 8315.003; or
               (2)  the fourth anniversary of the effective date of
  the Act creating this chapter.
         (c)  If permanent directors have not been elected under
  Section 8315.003 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 8315.003; 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 Texas Commission on Environmental
  Quality 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.
  [Sections 8315.053-8315.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8315.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8315.102.  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. 8315.103.  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. 8315.104.  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. 8315.105.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
  OR RESOLUTION.  (a)  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.
         (b)  In addition to all the rights and remedies provided by
  other law, if the district violates the terms of an ordinance or
  resolution described by Subsection (a), the municipality is
  entitled to injunctive relief or a writ of mandamus issued by a
  court requiring the district and the district's officials to
  observe and comply with the terms of the ordinance or resolution.
         Sec. 8315.106.  ANNEXATION OF DISTRICT BY MUNICIPALITY. (a)
  A municipality may annex all or part of the territory of the
  district or any new district created by the division of the district
  only as provided by an annexation agreement described by Section
  8315.004(b).
         (b)  A municipality is not required to annex any part of the
  district's territory that is outside the corporate boundaries of
  the municipality.
         (c)  A municipality is not required to assume control and
  operation of the district or a new district created by division of
  the district on annexation of all or part of the territory of the
  district or new district, but the municipality may assume control
  and operation of the district or a new district and dissolve the
  district or new district if:
               (1)  the municipality has annexed all of the territory
  of the district or new district;
               (2)  the water and wastewater facilities required to
  serve at least 95 percent of the lots in the district or new
  district, as set out by a final plat, have been completed; and
               (3)  the municipality has complied with the
  requirements of Section 43.075, Local Government Code.
         (d)  Notwithstanding Section 54.016(f)(2), Water Code, a
  contract between a municipality and the district or new district
  that provides for the allocation of the taxes or revenues of the
  district and the municipality following the date of inclusion of
  all or part of the district's territory in the corporate limits of
  the municipality, may provide that the total annual ad valorem
  taxes collected by the municipality and the district from taxable
  property in the district may exceed the city's ad valorem tax on the
  property.
         Sec. 8315.107.  LIMITATION ON CREATION OF OTHER MUNICIPAL
  UTILITY DISTRICTS. Before December 31, 2011, the Texas Commission
  on Environmental Quality may not grant a petition under Chapter 54,
  Water Code, to create a municipal utility district if the district
  contains any territory described by Section 2 of the Act creating
  this chapter.
         Sec. 8315.108.  LIMITATION ON ANNEXATION OF LAND BY
  DISTRICT. (a) The district or any new district created by the
  division of the district may not annex land unless:
               (1)  the owner or owners of the land have provided
  written consent to the annexation; and
               (2)  the land is adjacent to the district or new
  district.
         (b)  The district must complete an annexation authorized by
  this section not later than the first anniversary of the date the
  district or new district receives written consent from the owner or
  owners of the land.
         (c)  An owner of land may revoke the owner's consent to
  annexation before the annexation is completed by notifying the
  district or new district in writing that the consent is revoked.
         (d)  For purposes of this section, a petition by an owner of
  land for annexation to the district that meets the requirements of
  Chapter 49, Water Code, satisfies the requirement of written
  consent under Subsection (a).
         Sec. 8315.109.  LIMITATION ON USE OF EMINENT DOMAIN. The
  district may not exercise the power of eminent domain outside the
  district to acquire a site or easement for:
               (1)  a road project authorized by Section 8315.103; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
         Sec. 8315.110.  DIVISION OF DISTRICT.  (a)  The district may
  be divided into two or more new districts only if the district:
               (1)  has no outstanding bonded debt; 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)  Any 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 creating 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
  8315.003 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
  or provide that the owner or owners of a majority of the assessed
  value of the real property in each new district may submit a
  petition to the Texas Commission on Environmental Quality
  requesting that the commission appoint as temporary directors the
  five persons named in the petition; and
               (4)  provide for the division of assets and liabilities
  between or among 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 Texas Commission on Environmental Quality and record the
  order in the real property records of each county in which the
  district is located.
         (h)  Any new district created by the division of the district
  shall hold a confirmation and directors' election as required by
  Section 8315.003.  A new district that is not confirmed is subject
  to dissolution under general law.
         (i)  Municipal consent to the creation of the district and to
  the inclusion of land in the district granted under Section
  8315.004 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.
         (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.
  [Sections 8315.111-8315.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8315.151.  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 8315.153.
         (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. 8315.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8315.151, 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. 8315.153.  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.
  [Sections 8315.154-8315.200 reserved for expansion]
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8315.201.  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. 8315.202.  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. 8315.203.  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 Burnet County Municipal Utility District No.
  3 initially includes all the territory contained in the following
  area:
  TRACT NO. 1
  BEING 144.14 acres of land out of the Arthur Luckey Survey No. 23
  Abstract No. 530 in Burnet County, Texas and being comprised of part
  of that 147 acre tract conveyed to Troy Ben Fox in Vol. 1294 at Page
  957 of the OFFICIAL PUBLIC RECORDS of Burnet County, Texas and part
  of that 36.65 acre tract conveyed to Troy Ben Fox in Vol. 1294 at
  Page 957 of the OFFICIAL PUBLIC RECORDS of Burnet County, Texas and
  including Lot Nos. 18 through 30 in CIRCLE B ESTATES, Section 1, a
  subdivision of record in Vol. 2 at Page 90 of the PLAT RECORDS of
  Burnet County, Texas, said 144.14 acres being more particularly
  described as follows:
  BEGINNING at a reentrant corner of said 36.65 acre tract and the
  Southwest corner of that 184.31 acre tract described in Release of
  Lien to Troy Ben Fox as recorded in Vol. 1273 at Page 888 of the
  OFFICIAL PUBLIC RECORDS of Burnet County, Texas for a Northwesterly
  corner hereof;
  THENCE N 64° 01' 47" E along the common boundary of said 184.31 acre
  tract 2625.76 ft., to the Southeast corner of said 184.31 acre tract
  and a westerly corner of that 131.606 acre tract described in Deed
  to the City of Granite Shoals as recorded in Document No. 0803603 of
  the OFFICIAL PUBLIC RECORDS of Burnet County, Texas in the easterly
  boundary of said 147 acre tract, for the North corner hereof;
  THENCE along the common boundary of said 147 acre tract and the City
  of Granite Shoals tract; S 08° 37' 15" E 879.62 ft.; and S 29" 58' 45"
  E 1827.53 ft. to the East corner of said 147 acre tract in the
  northwesterly right-of-way line of Phillips Ranch Road, for the
  East corner hereof;
  THENCE along the common boundary of said 147 acre tract and said
  Phillips Ranch Road in three (3) courses and distances as follows:
         1)  S 74° 08' 10" W 904.01 ft;
         2)  S 54° 20' 00" W 252.94 ft; and
         3) S 26° 15' 29' W 595.49 ft., to the South corner of said 147
  acre tract and the northeasterly corner of SHERWOOD SHORES, Green
  Castle Section a subdivision of record in Vol. 1 at Page 100 of the
  PLAT RECORDS of Burnet County, Texas, for the South corner hereof;
  THENCE N 59° 56' 30" W along the common boundary of said 147 acre
  tract and said Green Castle Section 700.31 ft., to the Southeast
  corner of that 0.180 acre tract described in Deed to Alan Kirby as
  recorded in Vol. 902 at Page 35 of the OFFICIAL PUBIC RECORDS of
  Burnet County, Texas;
  THENCE along the common boundary of said 147 acre tract and said
  0.180 acre tract in four (4) courses and distances as follows:
         1)  N 28° 05' 31" E 24.1 ft.;
         2)  N 57° 43' 29" W 79.85 ft.;
         3)  N 59° 59' 29" W 207.39 ft.; and
         4)  S 53° 57' 31" W 29.60 ft., to a point in the northerly
  boundary of said Green Castle Section;
  THENCE N 59° 56' 30" W along the common southerly boundary of said
  147 acre tract and then said 36.65 acre tract and the northerly
  boundary of said Green Castle Section at 651.16 ft., pass the common
  southerly corner of said 147 acre tract and said 36.65 acre tract
  and at 800.20 ft., in all to a southwesterly corner of said 36.65
  acre tract in the easterly line of Tempe Drive in said CIRCLE B
  ESTATES, Section 1, for a southwesterly corner hereof;
  THENCE with the westerly boundary of said 36.65 acre tract and the
  easterly line of said Tempe Drive in twelve (12) courses and
  distances as follows:
         1) N 30° 03' 30" E 25.00 ft.;
         2)  along a curve to the left of radius 25.00 ft., central
  angle 90° 00', arc distance 39.28 ft., and a long chord bearing N 14°
  56' 30" W 35.36 ft.;
         3)  N 59° 56' 30" W 204.21 ft.;
         4)  along a curve to the right of radius 72.26 ft., central
  angle 54° 27' 45", arc distance 68.69 ft., and a long chord bearing N
  32° 42' 45" W 66.13 ft.;
         5)  N 05° 29' 00" W 144.06 ft.;
         6)  along a curve to the left of radius 1342.06, central
  angle 05° 13' 00", arc distance 122.19 ft., and a long chord bearing
  N 08° 05' 30" W 122.15 ft.;
         7)  N 10° 42' 00" W 184.66 ft.;
         8)  along a curve to the left of radius 259.41 ft., central
  angle 28° 43' 00", arc distance 112.65 ft., and a long chord bearing
  N 25° 03' 30" W 128.66 ft.;
         9)  N 39° 25; 00" W 229.20 ft.;
         10)  along a curve to the right of radius 424.18 ft., central
  angle 15° 12' 58", arc distance 112.65 ft., and a long chord bearing
  N 31° 48' 30" W 112.32 ft.;
         11)  N 24° 12' 00" W 116.34 ft., and
         12) along a curve to the right of radius 89.81 ft., central
  angle 47° 04', arc distance 73.78, and a long chord bearing N 00° 40'
  00" W 71.72 ft., to the termination of Tempe Drive;
  THENCE continuing with the common boundary of said 36.65 acre
  tract: N 31° 08' 12" E 29.13 ft.; and N 36° 21' 47" E 97.54 ft., to the
  Place of BEGINNING hereof and containing 144.14 acres of land.
  TRACT NO. 2
  BEING 184.31 acres of land in Burnet County, Texas comprised of
  approximately 22.76 acres out of the John Harvey Survey No. 24,
  Abstract No. 400 and 161.55 acres out of the Arthur Luckey Survey
  No. 23, Abstract No. 530 and being comprised of portions of the
  following deeded tracts:
         1)  TRACT NO. ONE of 338.19 acres conveyed from H.A. Barnett,
  et ux to C.A. Barnett as recorded in Vol. 135 at Page 644 et seq. of
  the DEED RECORDS of Burnet County, Texas;
         2)  TRACT NO. THREE of 15.75 acres conveyed from H.A.
  Barnett, et ux to C.A. Barnett as recorded in Vol. 135 at Page 644 et
  seq. of the DEED RECORDS of Burnet County, Texas;
         3) 550 acres conveyed from J.T. Stevens to Chester Barnett as
  recorded in Vol. 119 at Page 393 of the DEED RECORDS of Burnet
  County, Texas;
  and also including all of CIRCLE B ESTATES, Section Two, a
  subdivision of record in Vol. 2 at Page 92 of the PLAT RECORDS of
  Burnet County, Texas, save and except Lot Nos. 1 through 4 and Lot
  Nos. 13 through 16, and further being comprised of179.85 acres of
  land above the 825 foot elevation contour and inundated by the water
  of Lake Lyndon B. Johnson, said 184.31 acres being more
  particularly described as follows:
  BEGINNING at a 24 inch Post Oak at a reentrant corner of said TRACT
  NO. ONE, the Southeast corner of said 550 acre tract, and a westerly
  corner of that certain 136.50 acre described in Deed to Capital
  Marble and Granite Co., Inc. as recorded in Vol. 284 at Page 503 of
  the DEED RECORDS of Burnet County, Texas, for the Southeast corner
  hereof;
  THENCE along the southerly line hereof in six (6) courses and
  distances as follows:
         1)  S 64° 01' 47" W 2625.76 ft., an iron pin set;
         2)  N 50° 25' 24" W 267.33 ft., an iron pin set at a chainlink
  fence;
         3)  N 5° 43' 05" W 37.41 ft., a pipe fence corner post;
         4)  S 84° 17' 06" W 73.79 ft., a pipe fence corner post;
         5)  S 4° 37' 12" E 46.38 ft., a pipe fence corner post; and
         6)  S 84° 31' 27" W at 153.54 ft., an iron pin set at the
  approximate 825 foot elevation contour and at 283.54 ft., in all to
  the Southwest corner hereof, inundated by the waters of Lake Lyndon
  B. Johnson;
  THENCE with a westerly line hereof inundated by the waters of said
  lake in five (5) courses and distances as follows:
         1)  N 0° 37' 31" E 306.77 ft.;
         2)  N 78° 48' 13" E 410.00 ft.;
         3)  N 6° 03' 13" E 485.97 ft.;
         4)  N 69° 08' 09" E 310.54 ft.; and
         5) S 79° 54' 20" E 147.01 ft., and inundated reentrant corner
  hereof;
  THENCE N 26° 52' 30" E at 30.00 ft., pass the South corner of Lot No.
  88, SHADY ACRES, a subdivision of record in Vol. 1 at Page 28 of the
  PLAT RECORDS of Burnet County, Texas, at 43.26 ft., pass a concrete
  monument found, and at 261.01 ft., in all to a concrete monument
  found at a reentrant corner of said Lot No. 88;
  THENCE continuing along the southerly line of said Lot 88 in two (2)
  courses and distances as follows:
         1)  N 69° 45' 75" E 146.54 ft., an iron pin found at a 9 inch
  Elm; and
         2)  N 81° 03' 24" E 38.86 ft., to a concrete monument found at
  the Southeast corner of said Lot No. 88;
  THENCE along the easterly line of said SHADY ACRES and then SHADY
  ACRES, Section Two, a subdivision of record in Vol. 1 at Page 56 of
  the PLAT RECORDS of Burnet County, Texas in twelve (12) courses and
  distances as follows:
         1)  N 12° 41' 33" W 334.00 ft., a concrete monument found;
         2)  N 24° 48' 33" W 375.38 ft., a concrete monument found at
  the Northeast corner of a 40 foot roadway and a northeasterly corner
  of said SHADY ACRES;
         3)  S 75° 10' 08" W 96.26 ft., to an 60d nail found at the
  Southeast corner of Lot no. 89, SHADY ACRES, Section Two;
         4)  N 27° 23' 01" W at 110.50 ft., pass a point in the
  perimeter of a 30 foot radius culdesac at the termination of Todd
  Drive, a public street in said CIRCLE B ESTATES, Section Two, and at
  270.42 ft., in all an iron pin found;
         5)  N 34° 25' 51" W 128.63 ft., an iron pin found;
         6)  N 41° 10' 52" W 377.21 ft., a pipe fence corner post;
         7)  N 20° 02' 43" W 91.96 ft., an iron pin found;
         8)  N 14° 13' 29" W 85.58 ft., an iron pin found;
         9)  N 1° 03' 27" W 379.67 ft., an iron pin found;
         10)  N 11° 30' 04" E 369.04 ft., an iron pin found;
         11)  N 33° 49' 55" E 82.45 ft., an iron pin found; and
         12)  N 19° 43' 12" E 347.82 ft., to an iron pin found at the
  Northeast corner of Lot no. 109 in said SHADY ACRES, Section Two,
  and in the perimeter of a 30 foot radius culdesac at the termination
  of James Drive, a public street, in said CIRCLE B ESTATES, Section
  Two, for a reentrant corner hereof;
  THENCE N 86° 18' 42" W 155.34 ft., to an iron pin found at the
  Northwest corner of said Lot NO. 109 in the easterly line of Burnet
  County Road No. 131;
  THENCE along the easterly line of said County Road in three (3)
  courses and distances as follows:
         1)  N 25° 14' 30" E 103.58 ft., an iron pin found;
         2)  N 27° 34' 55" E 273.34 ft., a concrete monument found; and
         3)  N 35° 44' 20" E 402.55 ft., to an iron pin set at the North
  corner of Lot No. 6 in said CIRCLE B ESTATES, Section Two, in the
  southerly right-of-way line of F. M. Highway No. 1431, for the North
  corner hereof;
  THENCE along said highway, right-of-way in three (3) courses and
  distances as follows:
         1)  S 51° 29' 45" E 339.66 ft., a highway monument;
         2)  S 57° 12' 18" E 100.49 ft., a highway monument; and
         3)  S 51° 30' 39" E 324.83 ft., an iron pin found at the North
  corner of Lot No. 4 in said CIRCLE B ESTATES, for a westerly
  Northeast corner hereof;
  THENCE S 32° 02' W 523.55 ft., in all to an iron pin set at a fence
  corner post at the west corner of Lot No. 13 in said CIRCLE B
  ESTATES, Section Two, in the northerly line of said James Drive, for
  a reentrant corner hereof;
  THENCE S 63° 18' 00" E along the northerly line of said James Drive
  506.47 ft., to an iron pin set at the South corner of Lot No. 16 in
  said CIRCLE B ESTATES, Section Two, in the westerly line of said
  Todd Drive for a reentrant corner hereof;
  THENCE along the westerly line of said Todd Drive in seven (7)
  courses and distances as follows:
         1)  along a curve to the left of radius 19.16 ft., central
  angle 93° 21' 50", and a long chord bearing N 70° 01' 00" E 27.88 ft.;
         2)  along a curve to the right of radius 69.99 ft., central
  angle S 4° 17' 55", and a long chord bearing N 50° 24' E 63.87 ft.;
         3)  N 77° 35' E 102.58 ft.;
         4)  along a curve to the left of radius 262.34 ft., central
  angle 15° 50' 34', and a long chord bearing N 69° 40' 10" E 72.31 ft.;
         5)  N 61° 44' E 21.39 ft.;
         6)  along a curve to the left of radius 169.57 ft., central
  angle 23° 14', and a long chord bearing N 50° 07' E 68.29 ft.; and
         7) N 38° 30' E 102.43 ft., to an iron pin found at the
  Northwest corner of said Todd Drive in the southerly right-of-way
  line of said F. M. Hwy. No. 1431, for an easterly Northwest corner
  hereof;
  THENCE along said highway right-of-way line in five (5) courses and
  distances as follows;
         1)  S 51° 29' 21" E 366.76 ft., a highway monument;
         2)  S 45° 38' 38" E 100.56 ft., a highway monument;
         3)  S 51° 46' 37" E 100.52 ft., a highway monument;
         4)  S 57° 22' 16" E 100.17 ft., a highway monument; and
         5)  S 51° 30' E 1012.14 ft., to a survey monument found at the
  North corner of that certain 2.00 acre tract described in Deed to
  Pedernales Electric Coop., Inc. as recorded in vol. 186 at page 404
  of the DEED RECORDS of Burnet County, Texas;
  THENCE around the perimeter of said 2.00 acre tract in three (3)
  courses and distances as follows:
         1)  S 38° 30' 07" W 295.01 ft., a survey monument found;
         2)  S 51° 29' 36" E 295.03 ft., a survey monument found; and
         3)  N 38° 32' 21" E 295.14 ft., to a survey monument found at
  the East Corner of said 2.00 acre tract in the southerly
  right-of-way line of said highway;
  THENCE S 51° 28' 42" E along said highway right-of-way line 77.92
  ft., to an iron pin found at the North corner of said 136.50 acre
  tract for the East corner hereof;
  THENCE along the westerly line of said 136.50 acre tract S 18° 02'
  30" W 318.72 ft., to an iron pin found; and at S 30° 49' 45" W 1146.09
  ft., to the Place of BEGINNING hereof and containing 184.31 acres of
  land.
  TRACT NO. 3
  BEING 64.86 acres, more or less, of land in Burnet County, Texas,
  and being comprised of 40.78 acres out of the F.L. Smith Survey No.
  23 and 0.64 acres out of the J.R. Phillips Survey No. 1264, and
  being out of and part of that certain "TRACT NO. TWO (2)", 372.49
  acres, conveyed from H.A. Barnett to C.A. Barnett by Deed recorded
  in Vol. 135 at Page 644 et seq., of the Deed Records of Burnet
  County, Texas, and being situated adjacent to and South of F.M.
  Highway No. 1431 and adjacent to and East of Sherwood Drive and
  being more particularly described by metes and bounds as follows:
  BEGINNING at an iron pin in the fenced easterly line of said "TRACT
  NO. TWO (2)", and the westerly line of SHERWOOD SHORES, Prairie
  Creek Section, as plat of said subdivision is recorded in Vol. 1,
  Page 164 of the Plat Records of Burnet County, Texas, for the
  Southeast corner hereof, whence the Southeast corner of said F. L.
  Smith Survey No. 51 bears S 30° 43' W 517.49 ft.;
  THENCE N 77° 16' W 2656.08 ft., to an iron pin set for the Southwest
  corner hereof;
  THENCE N 7° 05' 15" E 537.05 ft,, to an iron pin set for a reentrant
  corner hereof;
  THENCE N 49° 12' 15" W 433.83 ft., to an iron pin set in the westerly
  line of said "TRACT NO. TWO (2)" and the easterly line of that
  certain 6.53 acre tract conveyed from H. A. Barnett to Wendall Lee
  Phillips by Deed as recorded in Vol. 131 at Page 515, et seq., of
  Deed Records of Burnet County, Texas, and known as Sherwood Drive,
  for a northerly Southwest corner hereof;
  THENCE N 40° 12' 45" E with said common boundary, 309.26 ft., to an
  iron pin in the southerly line of F. M. Highway No. 1431 at the
  common northerly corner of said "TRACT NO. TWO (2)" and said 6.53
  acre tract, for the Northwest corner hereof;
  THENCE with the southerly right-of-way line of said highway in
  three (3) courses and distances as follows:
         1)  along a curve to the left of radius 2919.66 ft., central
  angle 4° 39' and long chord bearing S 74° 49' E 236.7211., to an iron
  pin;
         2)  S 77° 10' E 1592.78 ft., a concrete right-of-way monument,
  and
         3)  S 77° 16' E 869.0 ft., to an iron pin at the Northwest
  corner of that certain 0.688 acre tract conveyed from Chester A.
  Barnett to J. W. Thompson Construction Co. by Deed as recorded in
  Vol. 178 at Page 245 et seq., of the Deed Records of Burnet County,
  Texas, for a westerly Northeast corner hereof;
  THENCE S 12° 44' W 300.0 ft., to an iron pin and Southeast corner of
  said Thompson Tract, for reentrant corner hereof;
  THENCE S 77° 16' Eat 100.0 ft., the Southeast corner of said Thompson
  Tract and at 483.22 ft., in all an iron pin in the easterly line of
  said "TRACT NO. TWO (2)" at the Southeast corner of that certain
  0.647 acre tract conveyed from Chester A. Barnett to C. S. Williams
  by Deed as recorded in Vol. 191 at Page 484 of Deed Records of Burnet
  County, Texas, for the Northeast corner thereof;
  THENCE with the fenced easterly line of said "TRACT NO. TWO (2)" in
  two (2) courses as follows:
         1)  S 31° 28' W at 180.0ft., an iron pin at the Northwest
  corner of said Prairie Creek Section of SHERWOOD SHORES, and at
  380.47 ft., in all a fence corner post, and
         2)  S 30° 43' W 357.13 ft., to the place of BEGINNING hereof
  and containing 64.86 acres of land.
  TRACT NO. 4
  BEING 72.68 acres of land out of the Arthur Luckey Survey No. 23,
  Abstract No. 530 in Burnet County, Texas and being out of that
  certain 550 acre tract described in Deed from J. T. Stevens to
  Chester A. Barnett as recorded in Vol. 119 at Page 392 of the DEED
  RECORDS of Burnet County, Texas, said 72.68 acres being more
  particularly described as follows:
  BEGINNING at an iron spike set in the center of the old
  Fredricksburg to Burnet Road at the Northwest corner of that
  certain 11.52 acre tract described in Deed to Southern Pacific
  Railroad Co., as recorded in Vol. 145 at Page 270 of the DEED
  RECORDS of Burnet County, Texas, for the North corner hereof,
  whence the Northwest corner of the J. C. Hoffman Survey No. 1009,
  Abstract No. 417 in the easterly line of said Luckey Survey bears S
  53° 02' 52" E 4386.3 ft., and the North corner of said 550 acre tract
  and of said 11.52 acre tract bears N 58° 42' 03" E 153.22 ft.;
  THENCE along the westerly line of said 11.52 acre tract, parallel
  with and 75 feet West of the East line of said 550 acre tract and the
  West line of that certain tract described in Trustee's Deed to
  Johnnie Kay Barnett Peril as recorded in Vol. 564 at Page 256 of the
  REAL PROPERTY RECORDS of Burnet County, Texas, in six (6) courses
  and distances as follows:
         1)  S 29° 23' 40" W 433.02 ft.;
         2)  S 29° 31' 25" W 984.51 ft.;
         3)  S 30° 09' 24" W 517.72 ft.;
         4)  S 29° 13' 09" W 1454.44 ft.;
         5)  S 31° 37' 15" W 252.77 ft.; and
         6)  S 29° 31' 25" W 109.10 ft.; to an iron pin set at a
  partition fence corner post, for the Southwest corner hereof,
  whence an iron spike found at a 14 inch Post Oak in the East line of
  said 550 acre tract and the West line of said Peril tract bears N.
  64° 22' 10" E 131.27 ft.;
  THENCE along a partition fence and the southerly line hereof in six
  (6) courses and distances as follows:
         1)  N 73° 46' 40" W 682.20 ft., an iron pin set;
         2)  N 14° 54' 49" W 420.96 ft., an iron pin set;
         3)  N 0° 10' 32" E at 304.50 ft., a point on the South side of a
  sheet metal shed, at 330.50 ft., a point on the North side of said
  shed, and at 466.72 ft., in all to an iron pin set;
         4)  N 77° 48' 45" E 32.70 ft., an iron pin set;
         5)  N 9° 30' 48" W 74.98 ft., an iron pin set; and
         6)  N 25° 24" 35" W at 203.02 ft., pass an iron spike set at a
  fence corner post, and at 236.15 ft., to a spike set in the center of
  said Old Fredricksburg to Burnet Road and the northwesterly line of
  said 550 acre tract, for the West corner hereof;
  THENCE along the center of said road in eight (8) courses and
  distances as follows:
         1)  N 54° 17' 30" E 216.45 ft., an iron spike set;
         2)  N 52° 11' 54" E 397.28 ft., an iron spike set;
         3)  N 50° 33' 24" E 341.87 ft., an iron spike set;
         4)  N 49° 54' 08" E 495.56 ft., an iron spike set;
         5)  N 51° 41' 16" E 213.91 ft., an iron spike set;
         6)  N 53° 48' 23" E 106.80 ft., an iron spike set;
         7)  N 57° 13' 37" E 131.50 ft., an iron spike set; and
         8)  N 58° 42' 03" E 1404.84 ft., to the Place of BEGINNING
  hereof and containing 72.68 acres of land.
  TRACT NO. 5
  BEING 226.134 acres of land out of the Arthur Luckey Survey No. 23,
  in Burnet County, Texas, and being the southerly portion of that
  certain TRACT NO. ONE, conveyed from H. A. Barnett and wife, Nona E.
  Barnett, to Mark Barnett by Deed as recorded in Vol. 135 at Page 640
  et seq. of DEED RECORDS of Burnet County, Texas, said 226.134 acres
  being more particularly described by metes and bounds is follows:
  BEGINNING at a 4 inch iron pipe fence corner post in the easterly
  line of said Luckey Survey at the Northwest corner of the J. C.
  Hoffman Survey No. 1009 and Southwest corner of the Ed McMillen
  Survey No. 1010 and further being at a Northeast corner of that
  certain 375.94 acre tract, Exhibit B, East Tract described in
  Partition Deed between Johnnie Barnett Peril and Nona Barnett Fox,
  as recorded in Vol. 342 at Page 476 of DEED RECORDS of Burnet
  County, Texas, and the Northwest corner of that certain 536.7 acre
  tract described in Correction Deed from Max Flinchbaugh to W. E.
  Riggs, as recorded in Vol. 191 at Page 264 of DEED RECORDS of Burnet
  County, Texas, and the South corner of said TRACT NO. 2, for the
  South corner hereof;
  THENCE N 45° 25' 09" W with the fenced Northeasterly line of said
  East Tract 4190.96 ft., to a 1 inch iron pipe found at a corner post
  in the fenced Southeasterly line of the old Fredericksburg-Burnet
  Road, at the Northwest corner of said East Tract, for the West
  corner hereof, whence an iron pin at a westerly corner of said East
  Tract, and the North corner of that certain West Tract described in
  said Partition Deed bears S 61° 27' 08" W 69.91 ft.;
  THENCE said fenced road line in four (4) courses and distances as
  follows:
         1)  N 51" 01' 23" E 1328.25 ft., an iron pin set at a fence
  post;
         2)  N 55 0 53' 05" E 578.24 ft., an iron pin set at a fence
  post;
         3)  N 55° 26' 30" E 629.63 ft., an iron pin set at a fence
  post, and
         4)  N 55° 24' 39" 2 229.82 ft., an iron pin set for the North
  corner hereof;
  THENCE S 53° 00' E 2758.86 ft., to an iron pin set in the fenced
  easterly line of said Luckey Survey and of said TRACT NO. ONE, for
  the East corner hereof;
  THENCE with the said fence in four (4) courses and distances as
  follows:
         1)  S 29° 51' 15" W 504.42 ft., an iron spike at a fence post;
         1)  S 29° 43' 51" W 952.20 ft., an iron spike at a fence post;
         3)  S 29° 46' 57" W 597.56 ft., an iron spike at a fence post;
  and
         4)  S 29° 48' 52" W 1009.32 ft., to the PLACE OF BEGINNING
  hereof and containing 226.134 acres of land.
  TRACT NO. 6
  BEING 375.94 acres of land in Burnet County, Texas, comprised of
  274.40 acres out of the Arthur Luckey Survey No. 23 and 82.04 acres
  out of the F. L. Smith Survey No. 519 and 19.50 acres out of the J.
  C. Hoffman Survey No. 1009 and further being part of that certain
  1939 acre tract conveyed from J. R. Phillips to H.A. Barnett by Deed
  as recorded in Vol. 89 at Page 56 of DEED RECORDS of Burnet County,
  Texas, said 375.94 acres being more particularly described by metes
  and bounds as follows:
  BEGINNING at a 4 inch iron pipe fence corner post in the easterly
  line of said 1939 acre tract and of said Luckey Survey at the
  Northwest corner of said Hoffman Survey and Southwest corner of the
  Ed McMillen Survey No. 1010 and further being the Northwest corner
  of that certain 536.7 acre tract described in Correction Deed from
  Max Flinchbaugh to W. E. Riggs, as recorded in Vol. 191 at Page 264
  of DEED RECORDS of Burnet County, Texas, and the Southeast corner of
  that certain 355.0 acre tract conveyed from H. A. Barnett to Mark
  Barnett, by Deed as recorded in Vol. 135 at Page 640-644 of DEED
  RECORDS of Burnet County, Texas, for the Northeast corner hereof;
  THENCE S 29° 41' 44" W with the common boundary of said Luckey Survey
  and said Hoffman Survey, at 152.5 ft., a 4 inch iron pipe fence
  post, at 326.18 ft., a 4 inch iron pipe fence post, and at 759.04
  ft., in all a 4 inch iron pipe fence post, for a corner hereof;
  THENCE with the fenced common boundary of said 1939 acre tract and
  said 536.7 acre tract in four (4) courses and distances as follows:
         1)  S 7° 37' 08" W 1917.55 ft., 4 inch iron pipe post;
         2)  S 7° 42' 25" W 1513.78 ft., an iron spike;
         3)  S 7° 33' 51" W 953.01 ft., an iron pin; and
         4)  S 7° 37' 54" W at 339.11 ft., an iron pin and at 340.00
  ft., in all the Southeast corner hereof in the northerly
  right-of-way line of F.M. Highway No. 1431;
  THENCE with said highway right-of-way in two (2) courses and
  distances as follows:
         1)  N 79° 08' 48" W at 1387.71 ft., a concrete right-of-way
  monument, and at 2480.87 ft., in all the beginning of a curve to the
  right, and
         2)  along said curve to the right of radius 2835.71 ft.,
  central angle 2° 37' 02" and long chord bearing N 77° 50' 17" W 129.52
  ft., to an iron pin at the Southeast corner of an adjoining 375.94
  acre tract, for the Southwest corner hereof;
  THENCE N 17° 37' 23" E 6910.76 ft. to an iron pin at the Northeast
  corner of said adjoining 375.94 acre tract, for a reentrant corner
  hereof;
  THENCE N 45° 25' 09" W 1520.68 ft., to an iron pin in the fenced
  Southeast line of the old Fredericksburg-Barnet Road, at the North
  corner of said adjoining 375.94 acre tract, for a westerly corner
  hereof;
  THENCE N 61° 27' 08" E with said road 69.91 ft., to a 1 inch iron pipe
  found at the West corner of said 355.00 acre tract, for the
  Northwest corner hereof;
  THENCE S 45° 25' 09" E with the fenced Southwesterly line of said
  355.00 acre tract, 4190.96 ft., to the Place of BEGINNING hereof and
  containing 375.94 acres of land.
  SAID TRACTS CONTAIN 1,068 ACRES OF LAND, MORE OR LESS.
         SECTION 3.  (a)  The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  This Act takes effect 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, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4719 was passed by the House on May
  15, 2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4719 was passed by the Senate on May
  27, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor