Texas 2011 - 82nd Regular

Texas House Bill HB2521 Compare Versions

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Old	New	Differences
1	1	82R16863 KYF-F
2	2	By: Sheffield H.B. No. 2521
3	3	Substitute the following for H.B. No. 2521:
4	4	By: Keffer C.S.H.B. No. 2521
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Bell County Municipal Utility
10	10	District No. 1; providing authority to impose a tax and issue bonds;
11	11	granting a limited power of eminent domain.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle F, Title 6, Special District Local Laws
14	14	Code, is amended by adding Chapter 8372 to read as follows:
15	15	CHAPTER 8372. BELL COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 8372.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Bell County Municipal Utility
23	23	District No. 1.
24	24	Sec. 8372.002. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 8372.003. CONFIRMATION AND DIRECTORS' ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 8372.004. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section 8372.003
33	33	until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district.
37	37	Sec. 8372.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
38	38	The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, or improvement of
44	44	macadamized, graveled, or paved roads described by Section 54.234,
45	45	Water Code, or improvements, including storm drainage, in aid of
46	46	those roads.
47	47	Sec. 8372.006. INITIAL DISTRICT TERRITORY. (a) The
48	48	district is initially composed of the territory described by
49	49	Section 2 of the Act enacting this chapter.
50	50	(b) The boundaries and field notes contained in Section 2 of
51	51	the Act enacting this chapter form a closure. A mistake made in the
52	52	field notes or in copying the field notes in the legislative process
53	53	does not affect the district's:
54	54	(1) organization, existence, or validity;
55	55	(2) right to issue any type of bond for the purposes
56	56	for which the district is created or to pay the principal of and
57	57	interest on a bond;
58	58	(3) right to impose a tax; or
59	59	(4) legality or operation.
60	60	[Sections 8372.007-8372.050 reserved for expansion]
61	61	SUBCHAPTER B. BOARD OF DIRECTORS
62	62	Sec. 8372.051. GOVERNING BODY; TERMS. (a) The district is
63	63	governed by a board of five elected directors.
64	64	(b) Except as provided by Section 8372.052, directors serve
65	65	staggered four-year terms.
66	66	Sec. 8372.052. TEMPORARY DIRECTORS. (a) The temporary
67	67	board consists of:
68	68	(1) Roger Hunter;
69	69	(2) Randy Reding;
70	70	(3) David Barr;
71	71	(4) Karen Walinder; and
72	72	(5) David Lazar.
73	73	(b) Temporary directors serve until the earlier of:
74	74	(1) the date permanent directors are elected under
75	75	Section 8372.003; or
76	76	(2) September 1, 2015.
77	77	(c) If permanent directors have not been elected under
78	78	Section 8372.003 and the terms of the temporary directors have
79	79	expired, successor temporary directors shall be appointed or
80	80	reappointed as provided by Subsection (d) to serve terms that
81	81	expire on the earlier of:
82	82	(1) the date permanent directors are elected under
83	83	Section 8372.003; or
84	84	(2) the fourth anniversary of the date of the
85	85	appointment or reappointment.
86	86	(d) If Subsection (c) applies, the owner or owners of a
87	87	majority of the assessed value of the real property in the district
88	88	may submit a petition to the commission requesting that the
89	89	commission appoint as successor temporary directors the five
90	90	persons named in the petition. The commission shall appoint as
91	91	successor temporary directors the five persons named in the
92	92	petition.
93	93	[Sections 8372.053-8372.100 reserved for expansion]
94	94	SUBCHAPTER C. POWERS AND DUTIES
95	95	Sec. 8372.101. GENERAL POWERS AND DUTIES. The district has
96	96	the powers and duties necessary to accomplish the purposes for
97	97	which the district is created.
98	98	Sec. 8372.102. MUNICIPAL UTILITY DISTRICT POWERS AND
99	99	DUTIES. The district has the powers and duties provided by the
100	100	general law of this state, including Chapters 49 and 54, Water Code,
101	101	applicable to municipal utility districts created under Section 59,
102	102	Article XVI, Texas Constitution.
103	103	Sec. 8372.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
104	104	Section 52, Article III, Texas Constitution, the district may
105	105	design, acquire, construct, finance, issue bonds for, improve, and
106	106	convey to this state, a county, or a municipality for operation and
107	107	maintenance macadamized, graveled, or paved roads described by
108	108	Section 54.234, Water Code, or improvements, including storm
109	109	drainage, in aid of those roads.
110	110	(b) The district may exercise the powers provided by this
111	111	section without submitting a petition to or obtaining approval from
112	112	the commission as required by Section 54.234, Water Code.
113	113	Sec. 8372.104. APPROVAL OF ROAD PROJECT. (a) The district
114	114	may not undertake a road project authorized by Section 8372.103
115	115	unless:
116	116	(1) each municipality or county that will operate and
117	117	maintain the road has approved the plans and specifications of the
118	118	road project, if a municipality or county will operate and maintain
119	119	the road; or
120	120	(2) the Texas Transportation Commission has approved
121	121	the plans and specifications of the road project, if the state will
122	122	operate and maintain the road.
123	123	(b) Except as provided by Subsection (a), the district is
124	124	not required to obtain approval from the Texas Transportation
125	125	Commission to design, acquire, construct, finance, issue bonds for,
126	126	improve, or convey a road project.
127	127	Sec. 8372.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
128	128	OR RESOLUTION. The district shall comply with all applicable
129	129	requirements of any ordinance or resolution that is adopted under
130	130	Section 54.016 or 54.0165, Water Code, and that consents to the
131	131	creation of the district or to the inclusion of land in the
132	132	district.
133	133	Sec. 8372.106. LIMITATION ON USE OF EMINENT DOMAIN. The
134	134	district may not exercise the power of eminent domain outside the
135	135	district to acquire a site or easement for:
136	136	(1) a road project authorized by Section 8372.103; or
137	137	(2) a recreational facility as defined by Section
138	138	49.462, Water Code.
139	139	[Sections 8372.107-8372.150 reserved for expansion]
140	140	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
141	141	Sec. 8372.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
142	142	district may issue, without an election, bonds and other
143	143	obligations secured by:
144	144	(1) revenue other than ad valorem taxes; or
145	145	(2) contract payments described by Section 8372.153.
146	146	(b) The district must hold an election in the manner
147	147	provided by Chapters 49 and 54, Water Code, to obtain voter approval
148	148	before the district may impose an ad valorem tax or issue bonds
149	149	payable from ad valorem taxes.
150	150	(c) The district may not issue bonds payable from ad valorem
151	151	taxes to finance a road project unless the issuance is approved by a
152	152	vote of a two-thirds majority of the district voters voting at an
153	153	election held for that purpose.
154	154	Sec. 8372.152. OPERATION AND MAINTENANCE TAX. (a) If
155	155	authorized at an election held under Section 8372.151, the district
156	156	may impose an operation and maintenance tax on taxable property in
157	157	the district in accordance with Section 49.107, Water Code.
158	158	(b) The board shall determine the tax rate. The rate may not
159	159	exceed the rate approved at the election.
160	160	Sec. 8372.153. CONTRACT TAXES. (a) In accordance with
161	161	Section 49.108, Water Code, the district may impose a tax other than
162	162	an operation and maintenance tax and use the revenue derived from
163	163	the tax to make payments under a contract after the provisions of
164	164	the contract have been approved by a majority of the district voters
165	165	voting at an election held for that purpose.
166	166	(b) A contract approved by the district voters may contain a
167	167	provision stating that the contract may be modified or amended by
168	168	the board without further voter approval.
169	169	[Sections 8372.154-8372.200 reserved for expansion]
170	170	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
171	171	Sec. 8372.201. AUTHORITY TO ISSUE BONDS AND OTHER
172	172	OBLIGATIONS. The district may issue bonds or other obligations
173	173	payable wholly or partly from ad valorem taxes, impact fees,
174	174	revenue, contract payments, grants, or other district money, or any
175	175	combination of those sources, to pay for any authorized district
176	176	purpose.
177	177	Sec. 8372.202. TAXES FOR BONDS. At the time the district
178	178	issues bonds payable wholly or partly from ad valorem taxes, the
179	179	board shall provide for the annual imposition of a continuing
180	180	direct ad valorem tax, without limit as to rate or amount, while all
181	181	or part of the bonds are outstanding as required and in the manner
182	182	provided by Sections 54.601 and 54.602, Water Code.
183	183	Sec. 8372.203. BONDS FOR ROAD PROJECTS. At the time of
184	184	issuance, the total principal amount of bonds or other obligations
185	185	issued or incurred to finance road projects and payable from ad
186	186	valorem taxes may not exceed one-fourth of the assessed value of the
187	187	real property in the district.
188	188	SECTION 2. The Bell County Municipal Utility District No. 1
189	189	initially includes all the territory contained in the following
190	190	area:
191	191	Being all that certain tract or parcel of land situated in the C. H.
192	192	Fitch Survey, A-316, the John Lewis Survey, A-512, the S.C. Fitch
193	193	Survey, A-371, and the Young Williams Survey, A-861, Bell County,
194	194	Texas, being all of Tract One (called 442.51 acres), Tract Two
195	195	(called 23.923 acres), and Tract 4 (called 8.440 acres) described
196	196	in deed to Weldon Whitis and Bruce Whitis in Volume 4441, Page 575,
197	197	Official Records, Bell County, Texas, and all of that certain
198	198	called 64.7 acre tract described in deed to Whitis Land
199	199	Investments, Ltd., in Volume 6622, Page 114, Official Records, Bell
200	200	County, Texas, and being more particularly described by metes and
201	201	bounds as follows:
202	202	BEGINNING at an iron rod at the southeast corner of said Tract 4
203	203	(called 8.440 acres), same being in the north line of said Tract One
204	204	(called 442.51 acres), also being the southwest corner of Tract
205	205	Three (called 6.747 acres) also described in deed to Weldon Whitis
206	206	and Bruce Whitis in Volume 4441, Page 575, Official Records, Bell
207	207	County, Texas, for corner of the herein described tract,
208	208	THENCE N 17°42'07" E, 444.85 along the west line of said Tract Three
209	209	and east line of said Tract Two to an iron pipe for corner of the
210	210	herein described tract;
211	211	THENCE in a westerly direction along the north line of said Tract
212	212	Three with the following courses:
213	213	1. N 88°11'16" W, 310.38 feet to an iron pipe;
214	214	2. S 83°11'40" W, 317.12 feet, to an iron pipe;
215	215	3. S 82°58'31" W, 246.70, feet to an iron pipe, for the northwest
216	216	corner of said Tract Three;
217	217	THENCE in a southerly direction along the west line of said Tract
218	218	Three with the following courses:
219	219	1. S 10°13'31" W, 26.66 feet;
220	220	2. S 29°13'59" E, 10.60 feet;
221	221	3. S 01°30'59" E 14.54 feet;
222	222	4. S 43°00'42" W, 24.35 feet;
223	223	5. S 61°37'21" W, 12.89 feet;
224	224	6. S 14°33'54" W, 88.90 feet, to an iron pipe in a fence corner, for
225	225	an ell corner;
226	226	THENCE N 71°44'38" W, 190.17 feet, westerly, along a north line of
227	227	said Tract Three to an iron rod in the north line of said Tract One;
228	228	THENCE in a westerly direction along the north line of said Tract
229	229	One with the following courses:
230	230	1. N 70°34'14" W, 44.59 feet, an iron rod for corner;
231	231	2. N 72°25'22" W, 616.92 feet, an iron rod for corner;
232	232	3. N 74°43'06" W, 507.39 feet, an iron rod in the east line of said
233	233	64.7 acre tract, for corner;
234	234	THENCE N 15°55'53" E, 851.78 feet, westerly, along an east line of
235	235	said 64.7 acre tract to a cedar, for the northeast corner of said
236	236	64.7 acre tract;
237	237	THENCE in a westerly direction a the north line of said 64.7 acre
238	238	tract with the following courses:
239	239	1. N 48°17'37" W, 82.11 feet, a post for corner;
240	240	2. N 28°55'27" W, 225.01 feet, a post for corner;
241	241	3. N 58°18'37" W, 18.24 feet, an elm for corner;
242	242	4. N 75°42'40" W, 266.08 feet, an iron rod for corner;
243	243	5. N 75°23'12" W, 237.82 feet, an iron rod for corner;
244	244	6. N 73°19'20" W, 164.19 feet, an iron rod for the northeast corner
245	245	of Lot 5, Block 6, Stoneoak Subdivision, Phase 2, recorded in
246	246	Cabinet B, Slide 334-B, Plat Records, Bell County, Texas, for
247	247	corner of the herein described tract;
248	248	THENCE along the easterly and southerly boundaries of Block 6,
249	249	Stoneoak Subdivision, Phase 2 with the following courses:
250	250	1. S 14°37'25" W, 427.85 feet, an iron rod for corner;
251	251	2. S 39°36'49" W, 477.27 feet, an iron rod for corner;
252	252	3. N 50°23'11" W, 139.40 feet, an iron rod in the north margin of
253	253	Stoneoak Dr., for corner;
254	254	THENCE S 39°36'49" W, 60.00 feet, to an iron rod in the south margin
255	255	of Stoneoak Dr, for corner;
256	256	THENCE N 50°23'59" W, 99.90 feet, along the south margin of Stoneoak
257	257	Dr., to an iron rod for the northeast corner of Block 3, Stoneoak
258	258	Subdivision, Phase 2, for corner;
259	259	THENCE along the easterly and southerly boundaries of Block 3,
260	260	Stoneoak Subdivision, Phase 2 with the following courses:
261	261	1. S 39°39'11" W, 139.38 feet, an iron rod for the northeast corner
262	262	of Lot 5, Block 3, Stoneoak Subdivision, Phase 2, for corner;
263	263	2. N 50°23'11" W, 311.48 feet, an iron rod, for corner;
264	264	3. N 53°09'02" W, 458.34 feet, an iron rod for the southwest corner
265	265	of Lot 1, Block 3, Stoneoak Subdivision, Phase 2, same being the
266	266	southeast corner of Lot 1, Block 1, Stoneoak Subdivision, Phase 1,
267	267	recorded in Cabinet B, Slide 236-B, Plat Records, Bell County,
268	268	Texas, for corner;
269	269	THENCE N 53°50'25" W, 155.91 feet, along the south line of said Lot
270	270	1, Block 1, to an iron rod in the east margin of FM 1670, for corner;
271	271	THENCE S 27°04'56" W, 566.14 feet, along the east margin of FM 1670
272	272	for an iron rod in the north line of Lot 6, Block 1, Stoneoak
273	273	Subdivision, Phase 1, for corner;
274	274	THENCE along the easterly and southerly boundaries of Lot Lot 6,
275	275	Block 1, Stoneoak Subdivision, Phase 1, with the following courses:
276	276	1. S 53°56'27" E, 155.87 feet, an iron rod for corner;
277	277	2. S 27°04'53" W, 145.23 feet, an iron rod for the southeast corner
278	278	of said Lot 6, Block 1, Stoneoak Subdivision, Phase 1, and corner of
279	279	the herein described tract;
280	280	THENCE along the southeasterly along the southerly boundary of said
281	281	64.7 acre tract with the following courses:
282	282	1. S 56°19'35" E, 696.11 feet, an iron rod, for corner;
283	283	2. N 23°01'40" E, 18.36 feet, an iron rod, for corner;
284	284	3. S 47°22'19" E, 1346.71 feet, an iron rod, in the west line of
285	285	said Tract One and an ell corner of the herein described tract;
286	286	THENCE in a southerly direction along the fenced west line of said
287	287	Tract One with the following courses:
288	288	1. S 45°43'29" W, 521.79 feet, an iron rod, for corner;
289	289	2. S 28°59'19" W, 430.76 feet, an iron rod, for corner;
290	290	3. S 15°02'24" W, 590.71 feet, a 12" cedar, for corner;
291	291	4. S 31°13'21" W, 11.21 feet, a 12" cedar, for corner;
292	292	5. S 28°24'41" W, 2.53 feet, an iron rod for the north corner of the
293	293	called 8.12 acre tract described in deed to the United States of
294	294	America in Volume 874, Page 283, Deed Records of Bell County, Texas;
295	295	THENCE S 19°42'32" E, 1187.26 feet, along a east line of said 8.12
296	296	acre tract and west line of said Tract One to an iron pipe for the
297	297	south corner of said 8.12 acre tract, for corner;
298	298	THENCE S 15°55'45" W, 377.40 feet, along a north west line of said
299	299	Tract One to an iron pipe for the westerly southwest corner of the
300	300	herein described tract;
301	301	THENCE S 78°41'13" E, 2847.43 feet, along a south line of said Tract
302	302	One and existing fence to an iron pipe in a fence corner, same being
303	303	an ell corner of the herein described tract;
304	304	THENCE S 12°34'41" W, 95.71 feet, to a point, for corner;
305	305	THENCE in a easterly direction 100' north of an parallel to the
306	306	south line of said Tract One, south line of said Tract Two, and left
307	307	bank of the Lampasas River with the following courses:
308	308	1. N 59°59'13" E, 125.67 feet, a point, for corner;
309	309	2. N 78°13'20" E, 288.55 feet, a point, for corner;
310	310	3. S 69°41'17" E, 72.82 feet, a point, for corner;
311	311	4. S 67°06'56" E, 275.14 feet, a point, for corner;
312	312	5. S 58°22'11" E, 271.35 feet, a point, for corner
313	313	6. S 46°50'39" E, 512.57 feet, a point, for corner;
314	314	7. S 26°54'16" E, 299.38 feet, a point, for corner;
315	315	8. S 43°48'14" E, 309.26 feet, a point, for the southeast corner of
316	316	the herein described tract;
317	317	THENCE in a northerly direction along the fenced east line of said
318	318	Tract Two, and east line of the herein described tract, with the
319	319	following courses:
320	320	1. N 14°02'58" E, 481.07 feet, a post, for corner;
321	321	2. N 02°07'12" W, 180.92 feet, a post, for corner;
322	322	3. N 10°32'57" E, 614.21 feet, a post, for corner;
323	323	4. N 49°54'32" E, 229.03 feet, a fence corner post for the
324	324	northeast corner of said Tract Two;
325	325	THENCE in a westerly direction along a fenced north line of said
326	326	Tract Two, and east line of the herein described tract, with the
327	327	following courses:
328	328	1. N 72°21'30" W, 39.54 feet, an iron rod, for corner;
329	329	2. N 64°20'47" W, 70.85 feet, an iron rod in a fence corner in the
330	330	east line of said Tract One, for corner of the herein described
331	331	tract;
332	332	THENCE in a northerly direction along the fenced east line of said
333	333	Tract One, and east line of the herein described tract, with the
334	334	following courses:
335	335	1. N 53°59'40" E, 167.20 feet, an iron rod, for corner;
336	336	2. N 59°20'36" E, 58.19 feet, an iron rod, for corner;
337	337	3. N 62°55'16" E, 71.72 feet, an iron rod, for corner;
338	338	4. N 69°11'44" E, 68.89 feet, a an iron rod, for corner;
339	339	5. N 62°45'31" E, 112.05 feet, an iron rod, for corner;
340	340	6. N 73°56'23" E, 35.96 feet, an iron rod, for corner;
341	341	7. N 61°52'10" E, 86.51 feet, an iron rod, for corner;
342	342	8. N 51°31'36" E, 274.08 feet, an iron rod, for corner;
343	343	9. N 45°30'37" E, 58.94 feet, an iron rod, for corner;
344	344	10. N 35°22'34" E, 111.93 feet, an iron rod, for corner;
345	345	11. N 24°37'26" E, 55.46 feet, an iron rod, for corner;
346	346	12. N 02°52'20" E, 61.55 feet, an iron rod, for corner;
347	347	13. N 05°33'08" W, 125.86 feet, an iron rod, for corner;
348	348	14. N 42°54'00" W, 25.42 feet, an iron rod, for corner;
349	349	15. N 83°42'20" W, 111.89 feet, a post, for corner;
350	350	16. N 79°38'56" W, 59.70 feet, an iron rod, for corner;
351	351	17. N 12°35'12" E, 319.71 feet, a 14" cedar, for corner;
352	352	18. N 03°59'50" E, 60.17 feet, an iron rod, for corner;
353	353	19. N 00°04'49" E, 10.78 feet, an iron rod, for corner;
354	354	20. N 24°58'14" E, 56.12 feet, an iron rod, for corner;
355	355	21. N 12°05'54" E, 554.94 feet, an iron rod, for corner;
356	356	22. N 14°09'42" W, 13.29 feet, an iron rod, for corner;
357	357	23. N 54°33'04" W, 43.94 feet, an iron rod, for corner;
358	358	24. N 67°13'03" W, 67.22 feet, an iron rod, for corner;
359	359	25. N 15°57'36" E, 766.87 feet, an iron rod in a fence corner, same
360	360	being the most easterly northeast corner of said Tract One, for
361	361	corner of the herein described tract;
362	362	THENCE N 76°03'02" W, 608.28 feet, along the fenced north line of
363	363	said Tract One to an iron rod in a fence corner for an ell corner of
364	364	the herein described tract;
365	365	THENCE N 16°06'35" E, 385.98 feet, along a fenced east line of said
366	366	Tract One to an iron pipe in a fence corner for corner;
367	367	THENCE N 74°31'12" W, 801.90 feet, along a fenced north line of said
368	368	Tract One to an iron pipe in a fence corner for corner;
369	369	THENCE S 16°27'16" W, 399.55 feet, along a fenced line of said Tract
370	370	One to an iron pipe in a fence corner for corner;
371	371	THENCE N 71°41'44" W, 1155.49 feet, along a fenced north line of said
372	372	Tract One to an iron rod for the southeast corner of said Tract
373	373	Three (called 6.747 acres), for corner;
374	374	THENCE N 71°42'51" W, 62.25 feet along the south line of said Tract
375	375	Three and north line of said Tract One to the PLACE OF BEGINNING and
376	376	containing a called mathematical total of 534.66 acres of land,
377	377	more or less.
378	378	SECTION 3. (a) The legal notice of the intention to
379	379	introduce this Act, setting forth the general substance of this
380	380	Act, has been published as provided by law, and the notice and a
381	381	copy of this Act have been furnished to all persons, agencies,
382	382	officials, or entities to which they are required to be furnished
383	383	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
384	384	Government Code.
385	385	(b) The governor, one of the required recipients, has
386	386	submitted the notice and Act to the Texas Commission on
387	387	Environmental Quality.
388	388	(c) The Texas Commission on Environmental Quality has filed
389	389	its recommendations relating to this Act with the governor, the
390	390	lieutenant governor, and the speaker of the house of
391	391	representatives within the required time.
392	392	(d) All requirements of the constitution and laws of this
393	393	state and the rules and procedures of the legislature with respect
394	394	to the notice, introduction, and passage of this Act are fulfilled
395	395	and accomplished.
396	396	SECTION 4. (a) Section 8372.106, Special District Local
397	397	Laws Code, as added by Section 1 of this Act, takes effect only if
398	398	this Act receives a two-thirds vote of all the members elected to
399	399	each house.
400	400	(b) If this Act does not receive a two-thirds vote of all the
401	401	members elected to each house, Subchapter C, Chapter 8372, Special
402	402	District Local Laws Code, as added by Section 1 of this Act, is
403	403	amended by adding Section 8372.106 to read as follows:
404	404	Sec. 8372.106. NO EMINENT DOMAIN POWER. The district may
405	405	not exercise the power of eminent domain.
406	406	(c) This section is not intended to be an expression of a
407	407	legislative interpretation of the requirements of Section 17(c),
408	408	Article I, Texas Constitution.
409	409	SECTION 5. Except as provided by Section 4 of this Act, this
410	410	Act takes effect September 1, 2011.