81(R) HB 4825 - Enrolled version

This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.



	H.B. No. 4825

AN ACT

relating to the creation of the Driftwood Economic Development

Municipal Management District; providing authority to impose a tax.

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

SECTION 1. Subtitle C, Title 4, Special District Local Laws

Code, is amended by adding Chapter 3858 to read as follows:

CHAPTER 3858. DRIFTWOOD ECONOMIC DEVELOPMENT MUNICIPAL

MANAGEMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3858.001. DEFINITIONS. In this chapter:

(1) "Board" means the board of directors of the

district.

(2) "City council" means the governing body of the

City of Dripping Springs.

(3) "Commissioners court" means the Hays County

Commissioners Court.

(4) "Director" means a member of the board.

(5) "District" means the Driftwood Economic

Development Municipal Management District.

Sec. 3858.002. CREATION AND NATURE OF DISTRICT. The

district is a special district created under Section 59, Article

XVI, Texas Constitution.

Sec. 3858.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The

creation of the district is essential to accomplish the purposes of

Sections 52 and 52-a, Article III, and Section 59, Article XVI,

Texas Constitution, and other public purposes stated in this

chapter. By creating the district, the legislature has established

a program to accomplish the public purposes set out in Section 52-a,

Article III, Texas Constitution.

(b) The creation of the district is necessary to promote,

develop, encourage, and maintain employment, commerce,

transportation, housing, tourism, recreation, the arts,

entertainment, economic development, safety, and the public

welfare in the district.

interpreted to relieve Hays County from providing the level of

services provided as of the effective date of the Act creating this

chapter to the area in the district. The district is created to

supplement and not supplant county services provided in the

district.

Sec. 3858.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)

The district is created to serve a public use and benefit.

(b) All land and other property included in the district

will benefit from the improvements and services to be provided by

the district under powers conferred by Sections 52 and 52-a,

Article III, and Section 59, Article XVI, Texas Constitution, and

other powers granted under this chapter.

and is essential to further the public purposes of:

(1) developing and diversifying the economy of the

state;

(2) eliminating unemployment and underemployment; and

(3) developing commerce in the state.

(d) The district will:

(1) promote the health, safety, and general welfare of

residents, employers, potential employees, employees, consumers,

and visitors in the district;

(2) provide needed funding for the district to

preserve, maintain, and enhance the economic health and viability

of the district as a community and business center; and

(3) promote the health, safety, welfare, and enjoyment

of the public by providing trails, landscaping, and other services

that are necessary for the restoration, preservation, and

enhancement of the scenic beauty and environment of the area.

Sec. 3858.005. DISTRICT TERRITORY. (a) The district is

composed of the territory described by Section 2 of the Act creating

this chapter, as the territory may have been modified under:

(1) Section 375.043 or 375.044, Local Government Code;

(2) other law.

(b) The boundaries and field notes of the district contained

in Section 2 of the Act creating this chapter form a closure. A

mistake in the field notes of the district contained in Section 2 of

the Act creating this chapter or in copying the field notes in the

legislative process does not in any way affect:

(1) the district's organization, existence, or

validity;

(2) the district's right to contract, including the

right to issue an obligation for a purpose for which the district is

created;

(3) the district's right to impose or collect an

assessment, tax, or other revenue; or

(4) the legality or operation of the board.

Sec. 3858.006. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

[Sections 3858.007-3858.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3858.051. GOVERNING BODY; TERMS. The district is

governed by a board of five directors who serve staggered terms of

four years, with two or three directors' terms expiring June 1 of

each odd-numbered year.

Sec. 3858.052. APPOINTMENT OF DIRECTORS. The board

consists of the following directors:

(1) Position 1: a person appointed by the

commissioners court;

(2) Position 2: a person appointed by the

commissioners court;

(3) Position 3: a person appointed by the city

council;

(4) Position 4: a person appointed by the city

council; and

(5) Position 5: a person appointed by the

commissioners court, who must be the individual who owns more

property in the district than any other individual except that if

the commissioners court is unable to identify a person qualified

for Position 5 who is willing and able to serve, the commissioners

court shall appoint to the place a person who is:

(A) at least 18 years old; and

(B) a resident of this state.

Sec. 3858.053. VACANCY. A vacancy in the office of director

shall be filled for the unexpired term by appointment in the same

manner as the office was previously filled under Section 3858.052.

Sec. 3858.054. PETITION; ELECTION. (a) The owner or owners

of at least 40 percent of the assessed value of property in the

district may submit a petition to the commissioners court

requesting an election of the board.

(b) If the commissioners court receives a petition under

Subsection (a), the commissioners court shall order an election of

board members in the district.

than the 30th day before the date of the election.

(d) Of the directors elected to the board in an election

under this section, the terms of the directors appointed for

positions 1 through 3 expire on the third June 1 after the election,

and the terms of directors appointed for positions 4 and 5 expire on

June 1 following the election.

Sec. 3858.055. DIRECTOR'S BOND AND OATH. (a) Section

375.067, Local Government Code, does not apply to a director.

(b) Each director shall file the director's constitutional

oath of office with the district, and the district shall retain the

oath in the district's records.

Sec. 3858.056. INITIAL DIRECTORS. (a) The initial board

consists of the following directors:

Position

Name of Director

Silver Garza

Scott Roberts

Ginger Faught

Ken Manning

Michelle Fischer

(b) The terms of the initial directors appointed for

positions 1 through 3 expire June 1, 2013, and the terms of the

initial directors appointed for positions 4 and 5 expire June 1,

2011.

(d) This section expires June 1, 2014.

[Sections 3858.057-3858.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3858.101. GENERAL POWERS AND DUTIES. The district has

the powers and duties necessary to accomplish the purposes for

which the district was created.

Sec. 3858.102. IMPROVEMENT PROJECTS. (a) The district may

provide, or it may enter into contracts with a governmental or

private entity to provide, the following types of improvement

projects or activities in support of or incidental to those

projects:

(1) the planning, design, construction, improvement,

operation, and maintenance of:

(A) irrigation facilities and landscaping;

(B) highway right-of-way or transit corridor

beautification and improvement;

(D) a street or sidewalk;

(E) a hiking or cycling path or trail;

(F) a park, lake, garden, recreational facility,

sports facility, open space, scenic area, or related exhibit or

preserve;

(G) a fountain, plaza, or pedestrian mall;

(H) a drainage or storm-water detention

improvement;

(I) a wastewater treatment and disposal

facility;

(J) a water quality protection facility;

(K) a facility to enhance groundwater recharge;

(L) an alternative energy facility; or

(M) solid waste management services, including

garbage collection, recycling, and composting;

(2) the planning, design, construction, acquisition,

lease, rental, improvement, maintenance, installation, and

management of and provision of furnishings for a facility for:

(A) a conference, convention, or exhibition;

(B) a manufacturer, consumer, or trade show;

(D) an exhibit, display, attraction, special

event, or seasonal or cultural celebration or holiday; or

(3) a special or supplemental service for the

improvement and promotion of the district or for the protection of

public health and safety in the district, including:

(A) advertising;

(B) promotion;

(D) health and sanitation;

(E) public safety;

(F) security;

(G) fire protection or emergency medical

services;

(H) business recruitment;

(I) development;

(J) elimination of traffic congestion;

(K) recreational, educational, or cultural

improvements, enhancements, and services; or

(L) any similar public improvement, facility, or

service.

(b) The district may not undertake a project under this

section unless the board determines the project to be necessary to

accomplish the public purpose of the district.

Sec. 3858.103. CONTRACTS; GIFTS; DONATIONS. The district

may:

(1) contract with any person to accomplish any

district purpose, including a contract for:

(A) the payment, repayment, or reimbursement of

costs incurred by that person on behalf of the district, including

all or part of the costs of an improvement project and interest on

the reimbursed costs;

(B) the use, occupancy, lease, rental,

operation, maintenance, or management of all or part of a proposed

or existing improvement project; or

the district for a fee;

(2) apply for and contract with any person to receive,

administer, and perform a duty or obligation of the district under a

federal, state, local, or private gift, grant, loan, conveyance,

transfer, bequest, or other financial assistance arrangement

relating to investigation, planning, analysis, study, design,

acquisition, construction, improvement, completion,

implementation, or operation by the district or others of a

proposed or existing improvement project; and

(3) accept a grant or donation from any person.

Sec. 3858.104. RULES; ENFORCEMENT. (a) The district may

adopt and enforce rules:

(1) to administer or operate the district;

(2) for the use, enjoyment, availability, protection,

security, and maintenance of the district's property and

facilities; or

(3) to provide for public safety and security in the

district.

(b) The district may enforce its rules by injunctive relief.

Sec. 3858.105. COMPETITIVE BIDDING. Section 375.221, Local

Government Code, does not apply to the formation of a district

contract.

Sec. 3858.106. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

[Sections 3858.107-3858.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 3858.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The

board by resolution shall establish the number of directors'

signatures and the procedure required for a disbursement or

transfer of the district's money.

Sec. 3858.152. NO AUTHORITY TO ISSUE BONDS. The district

may not issue bonds.

Sec. 3858.153. AD VALOREM TAX; ELECTION. (a) The district

must hold an election in the manner provided by Subchapter L,

Chapter 375, Local Government Code, to obtain voter approval before

the district imposes an ad valorem tax.

(b) If authorized at an election under Subsection (a) and

subject to Subsection (c), the district may impose an annual ad

valorem tax on taxable property in the district to:

(1) maintain and operate the district;

(2) construct or acquire improvements; or

(3) provide a service.

the district only if the revenue requirements of the district are

not satisfied by the other taxes imposed by the board.

(d) The board shall determine the tax rate. The tax rate may

not exceed 15 cents per $100 valuation.

Sec. 3858.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)

The board by resolution may impose and collect an assessment for any

purpose authorized by this chapter.

(b) An assessment, a reassessment, or an assessment

resulting from an addition to or correction of the assessment roll

by the district, penalties and interest on an assessment or

reassessment, an expense of collection, and reasonable attorney's

fees incurred by the district:

(1) are a first and prior lien against the property

assessed;

(2) are superior to any other lien or claim other than

a lien or claim for county, school district, or municipal ad valorem

taxes; and

(3) are the personal liability of and a charge against

the owners of the property even if the owners are not named in the

assessment proceedings.

resolution imposing the assessment until the date the assessment is

paid. The board may enforce the lien in the same manner that the

board may enforce an ad valorem tax lien against real property.

(d) The board may make a correction to or deletion from the

assessment roll that does not increase the amount of assessment of

any parcel of land without providing notice and holding a hearing in

the manner required for additional assessments.

Sec. 3858.155. SALES AND USE TAX; ELECTION. (a) Except as

otherwise provided by this section, Subtitles A and B, Title 2, Tax

Code, and Chapter 151, Tax Code, apply to a tax imposed under this

section and to the administration and enforcement of that tax in the

same manner that those laws apply to a state tax.

(b) Except as otherwise provided by this chapter, Chapter

321, Tax Code, applies to the imposition, computation,

administration, and governance of a sales and use tax imposed under

this section.

at retail of taxable items within the district, and an excise tax on

the use, storage, or other consumption in the district of taxable

items purchased, leased, or rented from a retailer in the district

if authorized by a majority of the voters of the district voting at

an election called for that purpose and held in the manner provided

by Subchapter L, Chapter 375, Local Government Code.

(d) The tax may be imposed in one-eighth of one percent

increments not to exceed the rate authorized by the district

voters.

(e) A tax under this section is applied to the sales price of

a taxable item.

(f) The board may not adopt a sales and use tax if as a

result of the adoption of the tax the combined rate of all sales and

use taxes imposed by the board and other political subdivisions of

this state having territory in the district would exceed two

percent at any location in the district.

(g) If the voters of the district approve the adoption of

the tax at an election held on the same election date on which

another political subdivision adopts a sales and use tax or

approves an increase in the rate of its sales and use tax and as a

result the combined rate of all sales and use taxes imposed by the

district and other political subdivisions of this state having

territory in the district would exceed two percent at any location

in the district, the election to adopt a sales and use tax under

this chapter has no effect.

Sec. 3858.156. HOTEL OCCUPANCY TAX. The district may

impose a hotel occupancy tax in the manner that Chapter 351, Tax

Code, provides for a municipality. A tax imposed under this section

may not exceed seven percent of the price paid for lodging in the

district.

Sec. 3858.157. ACCOUNTING. (a) On the conclusion of each

fiscal year, the board shall obtain from an independent entity a

review of the district's financial activities for the preceding

fiscal year.

(b) Not later than September 1, the board annually shall

submit to the commissioners court a written report containing:

(1) the findings of a review under Subsection (a);

(2) if not included in the review, accounting records

of the preceding fiscal year; and

(3) a summary of the activities of the district during

the preceding fiscal year.

its initial annual report not later than September 1, 2010. This

subsection expires October 1, 2010.

SECTION 2. The Driftwood Economic Development Municipal

Management District initially contains all the territory contained

in the following described area:

FIELDNOTE DESCRIPTION of a tract or parcel of land containing

500.286 acres situated in the Fannie A. D. Darden, Abstract No. 664

and the Freelove Woody Survey No. 23, Abstract No. 20, Hays County,

Texas, being a portion of that tract conveyed to Masa Scott Roberts

by deed recorded in Volume 966, Page 156 of the Deed Records of Hays

County, Texas and further described as Tract 1 of 130 acres, Tract 2

of 100 acres and Tract 3 of 47 1/2 acres and Tract 4 of 200 acres,

being further described by the deed recorded in Volume 168, Page 156

of the said Deed Records and all of that 44.1134 acre tract conveyed

to Driftwood Equities, Ltd. By the deed recorded in Volume 1433,

Page 776 of the said Deed Records, said 44.1134 acre tract being a

portion of that 100 acre tract conveyed to Masa Scott Roberts by the

deed recorded in Volume 301, Page 865 of the said Deed Records; the

herein described 500.286 acre tract is more particularly described

by metes and bounds as follows:

BEGINNING at a 1/2" iron rod found in the east right-of-way

line of State Highway FM 150 (80' right-of-way), being the west line

of the above said 288 acre tract, for the northwest corner of a

12.00 acre tract conveyed to Horance Seiders and Violet Seiders by

deed recorded in Volume 354, Page 763 of the said Deed Records, said

1/2" iron rod found bears N07°53'25"W, 329.46 feet from a TxDOT Type

I concrete right-of-way monument found 40.00 feet left of State

Highway FM 150 centerline station 281+96.9;

THENCE, N07°53'25"W, with the east right-of-way line of State

Highway FM 150, a distance of 663.25 feet to a 1/2" iron rod found

for the southwest corner of that 12.46 acre tract conveyed to

Rudolph Kranse and Gregory Hargis by deed recorded in Volume 771,

Page 651 of the said Deed Records, said 1/2" iron rod found bears

S07°53'25"E, 73.86 feet from a TxDOT Type I concrete right-of-way

monument found 40.00 feet left of State Highway centerline station

271+30.4;

THENCE, N88°02'55"E, crossing into the 288 acre tract, with

the south line of the said 12.46 acre tract, 912.29 feet to a 1/2"

iron rod set for the southeast corner of the aforesaid 12.46 acre

tract;

THENCE, N06°46'55"W, 600.43 feet to a 1/2" iron rod found for

the northeast corner of the said 12.46 acre tract;

THENCE, S89°02'53"W, with the north deed line of the said

12.46 acre tract, 77.37 feet to the calculated point of

intersection of this north deed line, with the east deed line of

that 5.2506 acre tract conveyed to Kathleen Collins and Thomas

Wendt by deed recorded in Volume 1427, Page 454 of the said Deed

Records, said 5.2506 acre tract being a portion of that 10.283 acre

tract described in the deed to Warren Dunn, Jr. recorded in Volume

1376, Page 684 of the said Deed Records, the said calculated point

bears N05°17'08"E, 2.95 feet from a 1/2" iron rod found for the

southeast corner of the aforesaid 10.283 acre tract;

THENCE, N05°17'08"E, with the east line of the 10.283 acre

tract, at a distance of 131.06 feet (record distance) pass the

common east corner of the said 5.2506 acre tract and a 5.04 acre

tract described in a deed to Michael Dunn and recorded in Volume

1296, Page 414 of the said Deed Records, and continuing for a total

distance of 618.54 feet to a 5/8" iron rod found for the northeast

corner of the said 10.283 acre tract and the 5.04 acre tract, being

on the apparent common line between the above said 288 acre tract

and the 100 acre tract, same being the POINT OF REFERENCE for the

5.336 acre tract described below;

THENCE, S86°24'25"W, with the above said common line between

the 288 acre tract and the 100 acre tract, being the north line of

the 5.04 acre tract and the 10.283 acre tract, 91.89 feet to a 1/2"

iron rod found for the southeast corner of a 14 acre tract conveyed

to Mrs. Elna Ludine Roberts by deed recorded in Volume 135, Page 38

of the said Deed Records and being the apparent southwest corner of

the 100 acre tract (Tract 2) described above;

THENCE, N07°27'54"W, with the common line between the said 14

acre tract and the 100 acre tract, 1242.44 feet to a 1/2" iron rod

found for the common north corner of the aforesaid 14 acre tract and

the 100 acre tract, being in the south line of Lot 1-D, "Division of

Lot 1, the J. V. Ash, Jr. Subdivision", a subdivision recorded in

Volume 10, Page 217 of the Plat Records of Hays County, Texas;

THENCE, S89°18'23"E, 174.13 feet to a 1/2" iron rod found for

the southeast corner of said Lot 1-D, being the southwest corner of

that 0.83 acre tract conveyed to Masa Scott Roberts by deed recorded

in Volume 333, Page 323 of the said Deed Records, and being in the

common line between the said 100 acre tract and the 130 acre tract

(Tract 1) described above;

THENCE, N08°44'17"W, with the east line of Lot 1-D, being the

west line of the said 0.83 acre tract, 101.46 feet to a 1/2" iron rod

found for an angle point;

THENCE, N33°27'31"E, with the west line of the said 0.83 acre

tract, at 148.39 feet pass a 1/2" iron rod found for the common east

corner of Lot 1-D, and Lot 1-B, of said "Division of Lot 1, The J. V.

Ash, Jr. Subdivision", for a total distance of 209.96 feet to a

fence corner post found for an angle point in said Lot 1-B, being

the most northerly corner of the aforesaid 0.83 acre tract;

THENCE, S69°54'59"E, with the north line of the said 0.83 acre

tract, 18.34 feet to a cotton gin spindle found in rock, for the

southeast corner of said Lot 1-B, being the southwest corner of Lot

2, Block 'B', "Creek of Driftwood Subdivision", a subdivision

recorded in Volume 8, Page 246 of the said Plat Records;

THENCE, along the centerline of Onion Creek, with the

northeast and easterly line of the above said 130 acre tract, for

the following twenty-six (26) courses:

1) S80°26'41"E, 216.51 feet to a calculated angle point in

the south line of Lot 2, Block 'B', from which a 100d nail set for

reference bears S85°22'12"W, 52.47 feet;

2) N89°33'24"E, 514.79 feet to the calculated southeast

corner of said Lot 2, Block 'B';

3) S54°23'50"E, 13.02 feet to a calculated angle point on the

south line of that 9.533 acre tract conveyed to Tom Hewett by deed

recorded in Volume 363, Page 256 of the said Deed Records;

4) N89°54'14"E, 70.80 feet to a calculated angle point in the

said south line of the 9.533 acre tract, from which a cotton gin

spindle set for reference bears N69°02'42"E, 138.90 feet;

5) N59°58'53"E, 562.38 feet to the calculated southeast

corner of the 9.583 acre tract, being the southwest corner of Lot

34, "Driftwood Falls Estates", a subdivision recorded in Volume 4,

Page 111 of the said Plat Records;

6) N59°52'14"E, 343.26 feet to a calculated point for the

southeast corner of said Lot 34, "Driftwood Falls Estates", from

which a 1/2" iron rod found with cap, for the northeast corner of

aforesaid Lot 34, bears N42°56'02"W, 386.89 feet and a 100d nail set

for reference bears N20°35'12"E, 70.23 feet;

7) N22°45'14"E, at 257.83 feet pass a calculated point for

the northeast corner of Lot 35, Driftwood Falls Estates, from said

calculated point a 1/2" iron rod found for the most northerly corner

of said Lot 35, bears N75°19'16"W, 355.71 feet, and continuing for a

total distance of 752.70 feet to the calculated southeast corner of

Lot 39, "Driftwood Falls Estates", from which a 100d nail set for

reference bears N43°29'40"W, 26.48 feet;

8) N04°06'47"W, at 110.23 feet pass the calculated northeast

corner of said Lot 39, bearing N82°20'00"E, 652.52 feet from a 1/2"

iron rod found for the northwest corner of aforesaid Lot 39, and

continuing for a total distance of 606.60 feet to a calculated angle

point;

9) N13°19'47"W, at 68.75 feet pass a 1/2" iron rod found 0.31

feet to the east, at a distance of 179.17 feet pass a 1/2" iron rod

found 0.06 feet to the east for the northeast corner of Lot 45,

"Driftwood Falls Estates", from which a 1/2" iron rod found for the

northwest corner of said Lot 45, bears N82°23'39"E, 666.13 feet, and

continuing for a total distance of 568.40 feet to a calculated angle

point, from which a 100d nail set for reference bears N75°41'33"W,

16.29 feet;

10) N03°18'47"W, at a distance of 54.87 feet pass the

calculated northeast corner of Lot 49, "Driftwood Falls Estates",

from which a 1/2" iron rod found for the northwest corner of said

Lot 49, bears S82°13'14"W, 632.97 feet, continuing for a total

distance of 281.50 feet to the calculated southeast corner of Lot

53, "Driftwood Falls Estates", from which a 100d nail set for

reference bears N36°16'47"W, 63.79 feet;

11) N51°37'43"E, 172.19 feet to the calculated southeast

corner of Lot 1, being the southwest corner of Lot 2, "Pier Branch",

a subdivision recorded in Volume 4, Page 105 of the said Plat

Records, from which a cotton gin spindle set for reference bears

N56°35'12"E, 95.36 feet;

12) N75°22'14"E, 537.60 feet to the calculated southeast

corner of Lot 5, being the southwest corner of Lot 6, "Pier Branch",

from which a cotton gin spindle set for reference bears S72°04'16"W,

122.85 feet;

13) S89°14'47"E, at 384.70 feet pass the calculated

southeast corner of said Lot 6, "Pier Branch" and continuing for a

total distance of 405.32 feet to a calculated point on the southwest

line of Lot 4, "Onion Creek Ranch", a subdivision recorded in Volume

8, Page 65 of the said Plat Records;

14) S66°18'14"E, 117.62 feet to a calculated angle point in

the southwest line of said Lot 4, "Onion Creek Ranch";

15) S46°24'35"E, at 58.92 feet pass the calculated southeast

corner of said Lot 4, being the most westerly corner of Lot 5,

"Onion Creek Ranch", for a total distance of 218.49 feet to a

calculated angle point, from which a cotton gin spindle set for

reference bears N03°41'39"W, 28.36 feet;

16) S01°39'52"E, 171.50 feet to the calculated south corner

of said Lot 5, being the northwest corner of Lot 6, "Onion Creek

Ranch";

17) S06°44'04"E, 158.73 feet to a calculated angle point on

the west line of said Lot 6, "Onion Creek Ranch", from which a

cotton gin spindle set for reference bears S46°29'20"E, 25.10 feet;

18) S34°51'10"E, 115.94 feet to the calculated south corner

of said Lot 6, being the west corner of Lot 7, "Onion Creek Ranch",

from said calculated corner, a 1/2" iron rod found for the common

front corner of Lot 6 and said Lot 7, bears N54°35'38"E, 881.31 feet;

19) S34°58'00"E, 249.36 feet to the calculated south corner

of said Lot 7, being the west corner of Lot 8, "Onion Creek Ranch",

from which a cotton gin spindle set for reference bears S31°45'11"E,

39.10 feet;

20) S34°59'43"E, 265.58 feet to the calculated south corner

of said Lot 8, being the west corner of Lot 9, "Onion Creek Ranch",

from which a cotton gin spindle set for reference bears N15°34'10"W,

44.83 feet;

21) S38°03'26"E, 166.09 feet to the calculated south corner

of said Lot 9, being the west corner of Lot 10, "Onion Creek Ranch",

from which a 1/2" iron rod found for the common east corner of said

Lot 9 and Lot 10, bears N65°58'15"E, 895.71 feet and a cotton gin

spindle set for reference bears S17°14'52"E, 88.24 feet;

22) S04°43'33"E, 96.82 feet to the calculated southwest

corner of said Lot 10, being the northwest corner of Lot 11, "Onion

Creek Ranch", from which a 1/2" iron rod found for the common east

corner of said Lot 10 and Lot 11, bears N88°35'17"E, 882.00 feet and

a cotton gin spindle set for reference bears S56°06'07"W, 21.91

feet;

23) S04°49'35"E, 294.73 feet to an angle point, from which a

cotton gin spindle set for reference bears S45°52'36"W, 2.36 feet;

24) S08°56'55"W, 526.01 feet to a calculated angle point on

the west line of Lot 13, "Onion Creek Ranch", from which a 100d nail

set for reference bears S05°50'22"E, 124.61 feet;

25) S11°13'40"E, at 599.04 feet pass the calculated

southwest corner of Lot 15, "Onion Creek Ranch", from which a 1/2"

iron rod found for the common east corner of said Lot 15 and Lot 16,

"Onion Creek Ranch", bears N88°34'04"E, 826.89 feet, and continuing

for a total distance of 636.74 feet to a calculated angle point,

from which a 100d nail set for reference bears S59°05'05"W, 41.41

feet;

26) S16°48'00"W, 222.06 feet to the calculated southwest

corner of said Lot 16, "Onion Creek Ranch";

THENCE, S63°57'25"W, 6.10 feet to a calculated point in the

center of Onion Creek for the northwest corner of that 331.26 acre

tract conveyed to R. L. Struhall by deed recorded in Volume 226,

Page 633 of the said Deed Records;

THENCE, along the west line of the said 331.26 acre tract,

being the east line of the 100 acre tract (Tract 2) and the 288 acre

tract described above, with the centerline of Onion Creek, for the

following thirteen (13) courses:

1) S26°38'17"W, 342.88 feet to a calculated point, from

which a cotton gin spindle set for reference bears N38°46'17"E,

75.98 feet;

2) S28°39'17"W, 315.55 feet to a calculated point, from

which a cotton gin spindle set for reference bears N61°51'06"E,

24.65 feet;

3) S22°31'17"W, 359.14 feet to a calculated point;

4) S16°18'43"E, 467.30 feet to a calculated point;

5) S17°10'43"E, 266.81 feet to a calculated point;

6) S25°12'43"E, 91.93 feet to a calculated point;

7) S34°24'43"E, 293.21 feet to a calculated point;

8) S36°58'43"E, 312.92 feet to a calculated point;

9) S41°11'43"E, 251.02 feet to a calculated point;

10) S52°15'43"E, 120.82 feet to a calculated point;

11) S63°34'43"E, 223.03 feet to a calculated point;

12) S10°53'43"E, 179.29 feet to a calculated point;

13) S40°43'43"E, 275.34 feet to the calculated southwest

corner of the said 331.26 acre tract, being on or near the north

line of the aforesaid 100 acre tract;

THENCE, N89°25'17"E, with the south line of the 331.26 acre

tract and north line of the said 100 acre tract, at a distance of

474.40 feet pass a 1/2" iron rod found 0.70 feet to the north for an

angle point on the north line of the aforesaid 44.1134 acre tract,

at a distance of 2255.00 feet pass a 5/8" iron pipe found for the

southeast corner of the said 331.26 acre tract, for a total distance

of 2255.80 feet to the calculated point of intersection of this

south line with the west right-of-way line of State Highway FM 1826

(80.00' right-of-way), from which a TxDOT Type I concrete monument

found 40.00 feet right of State Highway centerline station

573+08.2, bears N25°31'18"E, 282.85 feet, said calculated point

being the northeast corner of the 44.1134 acre tract described

above;

THENCE, with the common north right-of-way line of State

Highway FM 1826 and south line of the said 44.1134 acre tract and

the 288 acre tract, for the following fourteen (14) courses:

1) S25°31'18"W, 505.14 feet to a TxDOT Type I concrete

monument found 40.00 feet right of State Highway centerline station

580+96.2, for the point of curvature of a non-tangent curve to the

right;

2) With the said curve to the right, having a central angle

of 67°57'41", a radius of 1105.92 feet, a long chord of 1236.23 feet

(chord bears S59°33'48"W), for an arc distance of 1311.78 feet to a

TxDOT Type I concrete monument found 40.00 feet right of State

Highway centerline station 594+56.2;

3) N86°27'23"W, 643.70 feet to a calculated angle point

40.00 feet right of State Highway centerline station 601+00, from

which a TxDOT Type I concrete monument found bears S37°20'38"W, 0.41

feet;

4) N75°08'47"W, 101.98 feet to a calculated angle point

60.00 feet right of State Highway centerline station 602+00.0, from

which a TxDOT Type I concrete monument found, bears S59°36'59"W,

0.62 feet;

5) N86°28'15"W, at a distance of 188.71 feet pass the

calculated southeast corner of the above said 44.1134 acre tract,

for a total distance of 399.82 feet to a TxDOT Type I concrete

monument found 60.00 feet right of State Highway centerline station

606+00.0;

6) S82°14'29"W, 101.93 feet to a TxDOT Type I concrete

monument found 40.00 feet right of State Highway centerline station

607+00.0;

7) N86°24'35"W, 95.03 feet to a TxDOT Type I concrete

monument found 40.00 feet right of State Highway centerline station

607+94.8, for the point of curvature of a non-tangent curve to the

right;

8) With the said curve to the right, having a central angle

of 22°45'43", a radius of 1392.39 feet, a long chord of 549.53 feet

(chord bears N75°04'48"W), for an arc distance of 553.16 feet to a

TxDOT Type I concrete monument found 40.00 feet right of State

Highway centerline station 613+64.0;

9) N63°38'40"W, 229.74 feet to a calculated point 40.00 feet

right of State Highway centerline station 615+94.5, from which a

TxDOT Type I concrete monument found bears N19°18'05"W, 0.71 feet

and a TxDOT Type I concrete monument found, 40.00 feet left of

centerline station 615+94.5, bears S26°48'33"E, 79.92 feet, said

calculated point being the point of curvature of a non-tangent

curve to the left;

10) With the said curve to the left, having a central angle

of 49°34'00", a radius of 1185.92 feet, a long chord of 994.25 feet

(chord bears N88°25'32"W), for an arc distance of 1025.94 feet to a

TxDOT Type I concrete monument found, 40.00 feet right of State

Highway centerline station 625+85.8, from which a TxDOT Type I

concrete monument found, being 40.00 feet left of State Highway

centerline station 625+85.8, bears S23°04'30"E, 79.56 feet;

11) S66°47'28"W, 428.70 feet to a calculated point 40.00

feet right of State Highway centerline station 630+14.5, from which

a TxDOT Type I concrete monument found bears N57°25'35"W, 0.42 feet

and a found TxDOT Type I concrete monument found 40.00 feet left of

State Highway centerline station 630+14.5, bears S23°05'58"E, 80.09

feet, said calculated point being the point of curvature of a

non-tangent curve to the right;

12) With the said curve to the right, having a central angle

of 24°24'00", a radius of 1105.92 feet, a long chord of 467.42 feet

(chord bears S78°59'28"W), for an arc distance of 470.97 feet to a

TxDOT Type I concrete monument found 40.00 feet right of State

Highway centerline station 635+02.5;

13) N88°48'32"W, 1094.41 feet to a TxDOT Type I concrete

monument found 40.00 feet right of State Highway centerline station

645+97.4, being the point of curvature of a curve to the right;

14) With the said curve to the right, having a central angle

of 00°53'27", a radius of 5689.58 feet, a long chord of 88.47 feet

(chord bears N88°22'12"W), for an arc distance of 88.47 feet to a

calculated point for corner, from which a 1/2" iron rod found for

the southeast corner of a 0.50 acre tract conveyed to Horance

Seiders by deed recorded in Volume 501, Page 767 of the said Deed

Records, bears S10°19'07"E, 0.07 feet;

THENCE, N10°19'07"W, with the east line of the said 0.50 acre

tract, at a distance of 513.40 feet pass a 1/2" iron rod found, for a

total distance of 662.29 feet to a 1/2" iron rod found for the most

northerly corner of the aforesaid 0.50 acre tract, being the

northeast corner of afore said 12.00 acre tract;

THENCE, S88°20'55"W, with the north line of the 12.00 acre

tract, 867.39 feet to the POINT OF BEGINNING, CONTAINING within

these metes and bounds 500.286 acres of land area, SAVE and EXCEPT

the following 5.336 acres, being all of that 5.2 acre tract conveyed

to Christella Alberado by deed recorded in Volume 302, Page 484 of

the said Deed Records and is more particularly described by metes

and bounds as follows:

COMMENING at the 5/8" iron rod found for the northeast corner

of the 10.283 acre tract described above as the POINT OF REFERENCE:

THENCE, N86°13'55"E, with the south line of the above said 100

acre tract, for a distance of 49.97 feet to a 1/2" iron rod found for

the northwest corner of the said 5.2 acre tract and the POINT OF

BEGINNING of the herein described tract;

THENCE, N86°22'32"E, with the north line of the said 5.2 acre

tract, 314.54 feet to a 1/2" iron rod found for an angle point;

THENCE, N87°39'46"E, 436.49 feet to a 1/2" iron rod found for

the northeast corner of the said 5.2 acre tract;

THENCE, S05°36'14"W, 310.15 feet to a 60d nail found in a

fence corner post for the southeast corner of the said 5.2 acre

tract;

THENCE, S86°53'23"W, 377.12 feet to a 1/2" iron rod found for

an angle point;

THENCE, S87°09'18"W, 372.19 feet to a 1/2" iron rod found for

the southwest corner of the said 5.2 acre tract;

THENCE, N05°15'47"E, 311.23 feet to the POINT OF BEGINNING of

the herein described tract, CONTAINING within these metes and

bounds 5.336 acres of land area, SAVED AND EXCEPTED from the 500.286

acre tract described above, for a total NET AREA of 494.950 acres of

land area.

Except as noted, "1/2 inch iron rod set" denotes a 1/2 inch iron

rod, with a plastic cap marked "Capital Surveying Company, Inc.",

set for corner.

The bearings shown in this survey are grid bearings based on the

Texas State Plane Coordinate System, NAD 83 (HARN) Datum, South

Central Zone, derived by Global Positioning Systems surveys

FIELDNOTE DESCRIPTION of a tract or parcel of land containing

44.1722 acres situated in the Freelove Woody Survey No. 23,

Abstract No. 20, Hays County, Texas, being all of that portion of

the 100 acre tract lying east of State Highway FM 1826, conveyed to

Masa Scott Roberts by the deed recorded in Volume 301, Page 865 of

the Deed Records of Hays County, Texas; the herein described

44.1722 acre tract is more particularly described by metes and

bounds as follows:

BEGINNING at a 1/2" iron rod found, with plastic cap marked

"Capital Surveying Company, Inc.", at the intersection of the north

line of the said 100 acre tract with the east right-of-way line of

State Highway FM 1826 (80' right-of-way), being the most westerly

corner of that 1060.214 acre tract, described as Tract 2, conveyed

to LSM Ranch, Ltd. by the deed recorded in Volume 1628, Page 206 of

the said Deed Records and bears S25°31'20"W, 242.50 feet from a

TxDOT Type I concrete monument found 40.00 feet left of State

Highway centerline station 573+08.2;

THENCE, N88°31'49"E, with the south line of the 1060.214 acre

tract, 1594.81 feet to a 1/2" iron rod found for an interior corner

of the said 1060.214 acre tract and the northeast corner of the said

100 acre tract;

THENCE, S00°59'15"E, at a distance of 523.55 feet pass a 1/2"

iron rod, with plastic cap marked "4542", for a southwest corner of

the aforesaid 1060.214 acre tract and an interior northwest corner

of that 700.03 acre tract conveyed to John Richard Rutherford by the

deed recorded in Volume 1214, Page 548 of the said Deed Records, and

continuing for a total distance of 1039.05 feet to a 60d nail found

in a fence corner post for an interior corner of the said 700.03

acre tract and the southeast corner of the aforesaid 100 acre tract;

THENCE, S88°43'28"W, with the common line between the 700.03

acre tract and the 100 acre tract, at a distance of 2005.26 feet

pass a 1/2" iron rod found for the most westerly corner of the said

700.03 acre tract, for a total distance of 2005.48 feet to the

calculated intersection of this common line with the northeast

right-of-way line of State Highway FM 967 (80' right-of-way);

THENCE, N41°10'54"W, with the northeast right-of-way line of

State Highway FM 967, 85.90 feet to a TxDOT Type I concrete monument

found at an angle point;

THENCE, N01°43'24"W, continuing with the northeast

right-of-way line of State Highway FM 967, for a distance of 110.39

feet to a TxDOT Type I concrete monument found for an angle point at

the existing right-of-way intersection with State Highway FM 1826;

THENCE, N30°05'26"E, leaving the northeast right-of-way line

of State Highway FM 967, with the occupied east right-of-way line of

State Highway FM 1826, for a distance of 435.14 feet to a TxDOT Type

I concrete monument found 40.00 feet left of State Highway

centerline station 580+96.2;

THENCE, N25°31'22"E, continuing across the 100 acre tract,

with the east right-of-way line of State Highway FM 1826, for a

distance of 544.25 feet to the POINT OF BEGINNING, CONTAINING

within these metes and bounds 44.1722 acres of land area;

The bearings shown in this survey are grid bearings based on the

Texas State Plane Coordinate System, NAD 83 (HARN) Datum, South

Central Zone, derived by Global Positioning Systems surveys

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.

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. 4825 was passed by the House on May

12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 4825 on May 29, 2009, by the following vote: Yeas 145, Nays 0,

1 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 4825 was passed by the Senate, with

amendments, on May 27, 2009, by the following vote: Yeas 31, Nays

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor