Bill Text: TX HB3438 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the creation of the Waller County Municipal Utility District No. 9A; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-05-17 - Referred to Local Government [HB3438 Detail]
Download: Texas-2021-HB3438-Introduced.html
87R7916 MP-F | ||
By: Bell of Montgomery | H.B. No. 3438 |
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relating to the creation of the Waller County Municipal Utility | ||
District No. 9A; granting a limited power of eminent domain; | ||
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 7902 to read as follows: | ||
CHAPTER 7902. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 9A | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7902.0101. 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 Waller County Municipal | ||
Utility District No. 9A. | ||
Sec. 7902.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7902.0103. 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. 7902.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7902.0103 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. 7902.0105. 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. 7902.0106. 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. 7902.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7902.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7902.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Sharon Wotyek; | ||
(2) Blake Allen; | ||
(3) Jud Martin; | ||
(4) Salman Qadir; and | ||
(5) Sawyer Blackburn. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7902.0103; 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 7902.0103 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 7902.0103; 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. 7902.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7902.0302. 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. 7902.0303. 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. 7902.0304. 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. 7902.0305. 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. 7902.0306. 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 | ||
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 | ||
7902.0103 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 7902.0103. | ||
(i) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(j) A 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 | ||
7902.0104 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. 7902.0307. 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 7902.0303; or | ||
(2) a recreational facility as defined by Section | ||
49.462, Water Code. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7902.0401. 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 7902.0403. | ||
(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. 7902.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7902.0401, 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. 7902.0403. 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. 7902.0501. 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. 7902.0502. 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. 7902.0503. 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. Waller County Municipal Utility District No. 9A | ||
initially includes all the territory contained in the following | ||
area: | ||
A 602.8 acre tract of land out of the remainder of a called 562.636 | ||
acre tract of land as conveyed to KATY 884 PARTNERS, LTD, a Texas | ||
limited partnership, as recorded in Volume 1077, Page 592 of the | ||
Official Public Records of Waller County, Texas (WCOPR), all of a | ||
called 106.590 acre tract of land conveyed to Katy Partners, Ltd. as | ||
recorded in Volume 1077, Page 685 Deed Records of Waller County, | ||
Texas (WCDR), all of a called 107.332 acre tract of land conveyed to | ||
Katy Partners, Ltd. as recorded in Volume 1077, Page 675 (WCDR) and | ||
all of a called 107.257 acre tract of land conveyed to Katy 884 | ||
Partners, Ltd. as recorded in Volume 1077, Page 608 (WCDR) being out | ||
of the H. & T.C. Railroad Company Survey, Section 114 and the Fred | ||
Eule Survey, Abstract 374, Waller County, Texas, SAVE AND EXCEPT | ||
281.000 acre tract of land conveyed to LGI Homes-Texas, LLC, as | ||
recorded in Clerk's File No. 201607707 in the Official Public | ||
Records of Waller County, Texas (WCOPR). Said 602.8 acre tract | ||
being more fully described as follows, all bearings are based on the | ||
Texas Coordinate System, South Central Zone (4204), NAD-83 | ||
(NA2011), epoch 2010.00; | ||
BEGINNING: at a point for the southwest corner of said 562.636 acre | ||
tract, the northwest corner of a called 0.9738 acre tract as | ||
recorded in Volume 686, Page 15 (WCDR), lying in the east | ||
right-of-way line of F.M. 2855 (100 feet wide), in the south line of | ||
said Fred Eule Survey, Sect. 114, A-374 and the north line of said | ||
and the H.&T.C. R.R. Co. Survey Sect. 111, A- 172, also being the | ||
most westerly southwest corner of the herein described tract and | ||
lying in the apparent centerline of Beckendorf Road (unimproved); | ||
THENCE: Along and with the east right-of-way line of said F.M. 2855 | ||
and the west line of said 562.636 acre tract the following courses | ||
and distances | ||
N 02°05'14" W, 1507.94 feet to a point for a corner of the herein | ||
described tract, | ||
N 01°14'00" W, 331.24 feet to a point for a corner of the herein | ||
described tract, | ||
N 00°21'18" W, 213.88 feet to a point for a corner of the herein | ||
described tract, | ||
N 00°41'06" W, 348.01 feet to a point for a corner of the herein | ||
described tract, | ||
N 02°19'58" W, 251.32 feet to a point for a corner of the herein | ||
described tract, | ||
N 02°49'49" W, 451.99 feet to a point for a corner of the herein | ||
described. tract, | ||
N 04°12'15" W, 104.06 feet to a point for a corner of the herein | ||
described tract, | ||
N 03°27'47" W, 447.87 feet to a point for a corner of the herein | ||
described tract, and | ||
N 02°05'26" W, 384.85 feet to a point for the southwest corner of a | ||
called 8.603 acre tract as recorded in Volume 1297, Page 036 | ||
(WCDR).; | ||
THENCE: N 87°41'05" E, 436.33 feet with the south line of said 8.603 | ||
acre tract to a point for the southeast corner of said 8.603 acre | ||
tract and an interior corner of said 562.636 acre tract; | ||
THENCE: N 01°58'03" W, 1177.95 feet with the east line of said 8.603 | ||
acre tract and the east line of a called 3.173 acre tract as | ||
recorded in Volume 432, Page 449 (WCDR) to a point for the northeast | ||
corner of said 11.76 acre tract and the common most northwesterly | ||
corner of said 562.636 and the herein described tract, also lying in | ||
the south right-of-way line of F.M. 529 (120 feet wide); | ||
THENCE: N 87°58'20" E, 469.07 feet with the north line of said | ||
562.636 acre tract and the south right-of-way line of said F.M. 529 | ||
to a point for the northwest corner of a called 20.000 acre tract as | ||
recorded in Volume 1376, Page 621 (WCDR); | ||
THENCE: S 02°00'04" E, 1181.11 feet with the west line of said | ||
20.000 acre tract to a point for the southwest corner of said 20.000 | ||
acre tract and an interior corner of the herein described tract; | ||
THENCE: N 88°00'32" E, 1922.94 feet with the south line of said | ||
20.000 acre tract, a called 7.408 acre tract as recorded in Volume | ||
1289, Page 482 (WCDR), a called 13.695 acre tract as recorded in | ||
Volume 1339, Page 144 (WCDR) and a second called 13.695 acre tract | ||
as recorded in Volume 1175, Page 621 (WCDR) to a point for the | ||
southeast corner of the second mentioned 13.695 acre tract and an | ||
interior corner of the herein described tract; | ||
THENCE: N 02°00'04" W, 1181.11 feet with the east line of the second | ||
mentioned 13.695 acre tract to a point for the northeast corner of | ||
the second mentioned 13.695 acre tract and lying in the south | ||
right-of-way line of said F.M. 529; | ||
THENCE: N 88°02'40" E, 644.29 feet with the north line of said | ||
562.636 acre tract and the south right-of-way line of said F.M. 529 | ||
to a point for the northeast corner of said 281.000 acre tract the | ||
herein described tract; | ||
THENCE: Departing the north line of said 562.636 acre tract, | ||
continuing over and across said 562.636 acre tract and with the west | ||
line of said 281.000 acre tract the following courses and | ||
distances: | ||
S 02°19'51" E, a distance of 1099.87 feet to a point for a corner of | ||
the herein described tract, | ||
S 67°22'45" W, a distance of 1167.03 feet to a point for a corner of | ||
the herein described tract, | ||
S 25°17'57" W, a distance of 161.34 feet to a point for a corner of | ||
the herein described tract, | ||
Southeasterly, along a non-tangent curve to the left, having a | ||
radial bearing of N 75°26'06" E, a radius of 1273.29 feet, a central | ||
angle of 38°29'17", a chord bearing and distance of S 33°48'33" E, | ||
839.33 feet, for an arc length of 855.32 feet to a point for a corner | ||
of the herein described tract, | ||
S 85°46'10" E, a distance of 209.23 feet to a point for a corner of | ||
the herein described tract, | ||
Southwesterly, along a non-tangent curve to the right, having a | ||
radial bearing of S 02°25'32" W, a radius of 1866.67 feet, a central | ||
angle of 12°00'46", a chord bearing and distance of S 81°34'05" E, | ||
390.65 feet, for an arc length of 391.37 feet to a point for a corner | ||
of the herein described tract, | ||
Southeasterly, along a non-tangent curve to the right, having a | ||
radial bearing of S 09°26'17" W, a radius of 171.22 feet, a central | ||
angle of 81°46'47", a chord bearing and distance of S 39°40'20" E, | ||
224.16 feet, for an arc length of 244.38 feet to a point for a corner | ||
of the herein described tract, | ||
Southwesterly, along a non-tangent curve to the right, having a | ||
radial bearing of N 71°06'56" W, a radius of 1248.15 feet, a central | ||
angle of 08°16'54", a chord bearing and distance of S 23°01'31" W, | ||
180.25 feet, for an arc length of 180.41 feet to a point for a corner | ||
of the herein described tract, | ||
S 27°41'57" W, a distance of 18.52 feet to a point for a corner of the | ||
herein described tract, | ||
N 74°41'04" W, a distance of 178.23 feet to a point for a corner of | ||
the herein described tract, | ||
Southwesterly, along a non-tangent curve to the left, having a | ||
radial bearing of S 02°44'14" W, a radius of 475.36 feet, a central | ||
angle of 87°28'46", a chord bearing and distance of S 48°59'51" W, | ||
657.32 feet, for an arc length of 725.79 feet to a point for a corner | ||
of the herein described tract, | ||
S 09°42'55" E, a distance of 127.14 feet to a point for a corner of | ||
the herein described tract, | ||
S 27°06'38" E, a distance of 103.76 feet to a point for a corner of | ||
the herein described tract, | ||
S 27°06'38" E, a distance of 294.99 feet to a point for a corner of | ||
the herein described tract, | ||
Southwesterly, along a non-tangent curve to the left, having a | ||
radial bearing of S 25°17'37" E, a radius of 180.90 feet, a central | ||
angle of 50°20'55", a chord bearing and distance of S 39°31'56" W, | ||
153.90 feet, for an arc length of 158.97 feet to a point for a corner | ||
of the herein described tract, | ||
Southwesterly, along a non-tangent curve to the right, having a | ||
radial bearing of N 88°45'38" W, a radius of 987.16 feet, a central | ||
angle of 43°57'41", a chord bearing and distance of S 23°13'12" W, | ||
738.98 feet, for an arc length of 757.42 feet to a point for a corner | ||
of the herein described tract, | ||
Southeasterly, along a non-tangent curve to the left, having a | ||
radial bearing of S 48°49'56" E, a radius of 279.11 feet, a central | ||
angle of 65°31'49", a chord bearing and distance of S 08°24'09" W, | ||
302.11 feet, for an arc length of 319.22 feet to a point for a corner | ||
of the herein described tract, | ||
Southeasterly, along a non-tangent curve to the right, having a | ||
radial bearing of S 41°43'04" W, a radius of 853.94 feet, a central | ||
angle of 36°36'07", a chord bearing and distance of S 29°58'53" E, | ||
536.29 feet, for an arc length of 545.52 feet to a point in the south | ||
line of said 562.636 acre tract, the southwest corner of said | ||
281.000 acre tract, and being in the apparent centerline of | ||
Beckendorf road; | ||
THENCE: N 88°04'32" E, along and with the south line of said 281.000 | ||
acre tract, the apparent centerline of said Beckendorf Road, also | ||
being the north line of a aforementioned 106.590 acre tract, | ||
107.332 acre tract, and 107.257 acre tract, a distance of 2562.57 | ||
feet to the southeast corner of said 281.00 acre tract, the north | ||
east corner of said 107.332 acre tract, the southwest corner of a | ||
called 160 acre tract recorded in Volume 995, Page 461 (WCDR), and | ||
being the northwest corner of a called 15.022 acre tract recorded in | ||
Clerk's File No. 903180 (WCOPR); | ||
THENCE: S 02°04'54" E, 5271.15 feet with the common east line of | ||
said 107.257 acre tract and said H.&T.C. R.R. Co. Survey, Sect. 111, | ||
A-172, the west line of said Fred Eule Survey, Section 120, Abstract | ||
No. 375 to a point for the southwest corner of a called 53.83 acre | ||
tract as recorded in Volume 474, Page 314 W.C.D.R., lying in the | ||
south line of said Fred Eule Survey, Sect. 120, A-375, lying in the | ||
common north line of the H.&T.C. R.R. Co. Survey, Sect. 121, A-201 | ||
and a called 281.50 acre tract as recorded in Volume 420, Page 766 | ||
W.C.D.R., also being the common southeast corner of said H.&T.C. | ||
R.R. Co. Survey, Sect. 111, A-172 and the herein described tract; | ||
THENCE: S 87°53'18" W, 2655.75 feet with the south line of said | ||
H.&T.C. R.R. Co. Survey, Sect. 111, A-172, said 107.257 acre tract, | ||
said 107.332 acre tract, said 106.590 acre tract, the north line of | ||
said H.&T.C. R.R. Co. Survey, Sec. 121, A-201 and the Fred Eule | ||
Survey, Sect. 112, A-373 to a point for the southeast corner of a | ||
called 5.0 acre tract as recorded in Volume 1207, Page 7777 (WCDR), | ||
the southwest corner of said 106.590 acre tract and the most | ||
southerly southwest corner of the herein described tract; | ||
THENCE: N 02°00'01' W, 5279.82 feet with the west line of said | ||
106.590 acre tract to a point for the northeast corner of a called | ||
15 acre tract as recorded in Clerk's File No. 1700296 (WCOPR), the | ||
northwest corner of said 106.590 acre tract and lying in the north | ||
line of said H.&T.C. R.R. Co. Survey, Sec. 111, A-172 and the common | ||
south line of said Fred Eule Survey, Sect. 114, A- 374 and said | ||
562.636 acre tract also being the apparent centerline of said | ||
Beckendorf Road; | ||
THENCE: S 87°59'11" W, 2591.53 feet with the common south line of | ||
said Fred Eule Survey, Sect. 114, A-374 and said 562.636 acre tract, | ||
the north line of said H.&T.C. R.R. Co. Survey, Sect. 111, A- 172 | ||
and the apparent centerline of said Beckendorf Road to the POINT OF | ||
BEGINNING and containing 602.8 acres in Waller County, Texas. | ||
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. (a) Section 7902.0307, Special District Local | ||
Laws Code, as added by Section 1 of this Act, takes effect only if | ||
this Act receives a two-thirds vote of all the members elected to | ||
each house. | ||
(b) If this Act does not receive a two-thirds vote of all the | ||
members elected to each house, Subchapter C, Chapter 7902, Special | ||
District Local Laws Code, as added by Section 1 of this Act, is | ||
amended by adding Section 7902.0307 to read as follows: | ||
Sec. 7902.0307. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(c) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Section 17(c), | ||
Article I, Texas Constitution. | ||
SECTION 5. 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. |