Texas 2013 - 83rd Regular

Texas House Bill HB3870 Compare Versions

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1	1	83R10320 RWG-F
2	2	By: Fletcher H.B. No. 3870
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Harris County Municipal Utility
7	7	District No. 531; granting a limited power of eminent domain;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, or taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8452 to read as follows:
13	13	CHAPTER 8452. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 531
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8452.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Harris County Municipal
21	21	Utility District No. 531.
22	22	Sec. 8452.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8452.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8452.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 8452.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district.
35	35	Sec. 8452.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
36	36	The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 8452.006. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8452.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8452.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8452.052. TEMPORARY DIRECTORS. (a) The temporary
63	63	board consists of:
64	64	(1) J. T. Hall;
65	65	(2) Paul White;
66	66	(3) Christopher Thomas;
67	67	(4) Antoinette Hanson; and
68	68	(5) Shane Herzog.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 8452.003; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 8452.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 8452.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 8452.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 8452.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 8452.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 8452.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106	106	project must meet all applicable construction standards, zoning and
107	107	subdivision requirements, and regulations of each municipality in
108	108	whose corporate limits or extraterritorial jurisdiction the road
109	109	project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 8452.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	125	Sec. 8452.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
126	126	district may issue, without an election, bonds and other
127	127	obligations secured by:
128	128	(1) revenue other than ad valorem taxes; or
129	129	(2) contract payments described by Section 8452.153.
130	130	(b) The district must hold an election in the manner
131	131	provided by Chapters 49 and 54, Water Code, to obtain voter approval
132	132	before the district may impose an ad valorem tax or issue bonds
133	133	payable from ad valorem taxes.
134	134	(c) The district may not issue bonds payable from ad valorem
135	135	taxes to finance a road project unless the issuance is approved by a
136	136	vote of a two-thirds majority of the district voters voting at an
137	137	election held for that purpose.
138	138	Sec. 8452.152. OPERATION AND MAINTENANCE TAX. (a) If
139	139	authorized at an election held under Section 8452.151, the district
140	140	may impose an operation and maintenance tax on taxable property in
141	141	the district in accordance with Section 49.107, Water Code.
142	142	(b) The board shall determine the tax rate. The rate may not
143	143	exceed the rate approved at the election.
144	144	Sec. 8452.153. CONTRACT TAXES. (a) In accordance with
145	145	Section 49.108, Water Code, the district may impose a tax other than
146	146	an operation and maintenance tax and use the revenue derived from
147	147	the tax to make payments under a contract after the provisions of
148	148	the contract have been approved by a majority of the district voters
149	149	voting at an election held for that purpose.
150	150	(b) A contract approved by the district voters may contain a
151	151	provision stating that the contract may be modified or amended by
152	152	the board without further voter approval.
153	153	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	154	Sec. 8452.201. AUTHORITY TO ISSUE BONDS AND OTHER
155	155	OBLIGATIONS. The district may issue bonds or other obligations
156	156	payable wholly or partly from ad valorem taxes, impact fees,
157	157	revenue, contract payments, grants, or other district money, or any
158	158	combination of those sources, to pay for any authorized district
159	159	purpose.
160	160	Sec. 8452.202. TAXES FOR BONDS. At the time the district
161	161	issues bonds payable wholly or partly from ad valorem taxes, the
162	162	board shall provide for the annual imposition of a continuing
163	163	direct ad valorem tax, without limit as to rate or amount, while all
164	164	or part of the bonds are outstanding as required and in the manner
165	165	provided by Sections 54.601 and 54.602, Water Code.
166	166	Sec. 8452.203. BONDS FOR ROAD PROJECTS. At the time of
167	167	issuance, the total principal amount of bonds or other obligations
168	168	issued or incurred to finance road projects and payable from ad
169	169	valorem taxes may not exceed one-fourth of the assessed value of the
170	170	real property in the district.
171	171	SECTION 2. The Harris County Municipal Utility District
172	172	No. 531 initially includes all the territory contained in the
173	173	following area:
174	174	Being 264.723 acres of land located in the Jacob Duckworth
175	175	Survey, Abstract 227, the George Haig (A.K.A. J.P. Douglas) Survey,
176	176	Abstract 338, and the R.H. Barrow Survey, Abstract 1624, Harris
177	177	County, Texas, more particularly being a portion of the residue of
178	178	that certain called 75.81 acre tract conveyed to Louis Niklas and
179	179	Julia Rydel by an instrument of record under File Number K252127, of
180	180	the Official Public Records of Real Property, of said Harris
181	181	County, Texas (H.C.O.P.R.R.P.), all of the residue of that certain
182	182	called 34.507 acre tract conveyed to Barbara White by an instrument
183	183	of record under File Number S646489, H.C.O.P.R.R.P., a portion of
184	184	that certain called 44.1682 acre tract conveyed to Julia Niklas
185	185	Rydel by an instrument of record under File Number G737799,
186	186	H.C.O.P.R.R.P., a portion of that certain called 1.9926 acre tract
187	187	conveyed to Clayton L. Kitzmann and Janice L. Kitzmann by an
188	188	instrument of record under File Number J023156, H.C.O.P.R.R.P., a
189	189	portion of the residue of that certain called 81.99 acre tract
190	190	conveyed to Irene Sanders Newberry by an instrument of record under
191	191	File Number L075748, H.C.O.P.R.R.P., all of the residue of those
192	192	certain tracts called 78.36 acres (referred to as Tract 1) and 4.747
193	193	acres (referred to as Tract 2) conveyed to Irene Marguerite
194	194	Newberry and R. A. Newberry by an instrument of record under File
195	195	Number K252128, H.C.O.P.R.R.P., and all of that certain called
196	196	2.00049 acre tract conveyed to R. A. Newberry, Jr. by an instrument
197	197	of record under File Number G637606, H.C.O.P.R.R.P., said 264.723
198	198	acre tract being more particularly described by metes and bounds as
199	199	follows (all bearings referenced to the Texas State Plane
200	200	Coordinate System, South Central Zone, NAD83, 2001 adjustment);
201	201	BEGINNING at a 1-3/4-inch aluminum cap stamped "RODS
202	202	SURVEYING" found in concrete at the southerly end of a cut-back
203	203	corner at the intersection of the north right-of-way line of Schiel
204	204	Road (100 feet wide) and the west right-of-way line of Mueschke Road
205	205	(width varies) as described in the easement of record under File
206	206	Number 20090575159, H.C.O.P.R.R.P.;
207	207	Thence, South 87° 48' 42" West, along the north right-of-way
208	208	line of said Schiel Road; 1,055.30 feet to a 1-3/4-inch aluminum cap
209	209	stamped "RODS SURVEYING" found in concrete for corner on the west
210	210	line of the aforementioned 75.81 acre tract and the east line of
211	211	that certain called 0.517 acre tract conveyed to Curtis E. White and
212	212	Barbara White by an instrument of record under File Number S646490,
213	213	H.C.O.P.R.R.P., said point being on the common survey line of said
214	214	Jacob Duckworth Survey and said R. H. Barrow Survey;
215	215	Thence, North 03° 33' 05" West, along the common line of said
216	216	0.517 and 75.81 acre tracts and said common survey line, 379.99 feet
217	217	to a 5/8-inch iron rod found for the northeast corner of said 0.517
218	218	acre tract;
219	219	Thence, South 87° 49' 48" West, departing said common survey
220	220	line and along the north line of said 0.517 acre tract and that
221	221	certain tract conveyed to Barbara Schiel White by an instrument of
222	222	record under Volume 7943, Page 25, of the Deed Records of said
223	223	Harris County (H.C.D.R.), 351.93 feet to a 5/8-inch iron rod found
224	224	for the northeast corner of that certain called 2.000 acre tract
225	225	conveyed to Teresa G. O'Hara Marsh and Michael O'Hara Marsh by an
226	226	instrument of record under File Number U549558, H.C.O.P.R.R.P.;
227	227	Thence, South 87° 41' 17" West, along the north line of said
228	228	2.000 acre tract, 217.58 feet to a 5/8-inch iron rod found for the
229	229	common north corner of said 2.000 acre tract and that certain called
230	230	0.552 acre tract conveyed to Curtis E. White and Barbara White by an
231	231	instrument of record under File Number S646491, H.C.O.P.R.R.P.;
232	232	Thence, South 88° 15' 25" West, along the north line of said
233	233	0.552 acre tract, 68.05 feet to a 1-inch pipe found for the common
234	234	north corner of said 0.552 acre tract and that certain called 3.524
235	235	acre tract conveyed to Norman Miller Hubbard, Jr. by an instrument
236	236	of record under File Number W304407, H.C.O.P.R.R.P.;
237	237	Thence, South 87° 45' 25" West, along the north line of said
238	238	3.524 acre tract 392.42 feet to a 1-inch pipe found for the common
239	239	north corner of said 3.524 acre tract and the aforementioned 1.9926
240	240	acre tract;
241	241	Thence, South 02° 13' 01" East, along the west line of said
242	242	3.524 acre tract and the east line of said 1.9926 acre tract, 379.68
243	243	feet to a point for corner on the north right-of-way line of Schiel
244	244	Road (100 feet wide) as described under File Numbers 20100388058,
245	245	20100471263, 20100513706 and 20110361248, H.C.O.P.R.R.P.;
246	246	Thence, South 87° 48' 37" West, along the north right-of-way
247	247	line of said Schiel Road, 1,119.11 feet to a 5/8-inch iron rod found
248	248	for the southeast corner of that certain called 3.0560 acre tract
249	249	conveyed to County of Harris by an instrument of record under File
250	250	Number 20100471263, H.C.O.P.R.R.P.;
251	251	Thence, North 01° 46' 26" West, along the east line of said
252	252	3.0560 acre tract, 497.02 feet to a 5/8-inch iron rod with cap
253	253	stamped "TERRA-SURVEYING" found for corner;
254	254	Thence, South 87° 48' 02" West, along the north line of said
255	255	3.0560 acre tract, 269.85 feet to a 5/8-inch iron rod with cap
256	256	stamped "TERRA-SURVEYING" found for corner on the west line of the
257	257	aforementioned 81.99 acre tract;
258	258	Thence, North 02° 27' 08" West, along the west line of said
259	259	81.99 acre tract, at 2,596.29 feet pass a 1/2-inch iron found on the
260	260	south line of that certain called 60 foot wide easement of record
261	261	under Volume 2921, Page, 518, H.C.D.R., continuing in all a total
262	262	distance of 2,626.29 feet to a 5/8-inch iron rod with cap stamped
263	263	"EIC" found for the west corner of said 81.99 acre tract and that
264	264	certain called 10.158 acre tract conveyed to Jeffrey J. Gulley by an
265	265	instrument of record under File Number V852607, H.C.O.P.R.R.P.,
266	266	said point also being on the centerline of said 60 foot wide
267	267	easement;
268	268	Thence, North 87° 45' 39" East, along the north line of said
269	269	81.99 acre tract and the south line of said 10.158 acre tract and
270	270	the centerline of said 60 foot wide easement, 968.92 feet to a
271	271	3/4-inch iron pipe found for the common south corner of said 10.158
272	272	acre tract and that certain called 21.2106 acre tract conveyed to
273	273	Jeffrey J. Gulley by an instrument of record under File Number
274	274	20100506999, H.C.O.P.R.R.P.;
275	275	Thence, North 87° 47' 31" East, continuing along the north
276	276	line of said 81.99 acre tract, the centerline of said 60 foot wide
277	277	easement, and along the south line of said 21.2106 acre tract and
278	278	the north line of the aforementioned 44.1682 acre tract, 791.87
279	279	feet to a 1/2-inch iron pipe with a PK nail found for an angle point
280	280	on the north line of said 44.1682 acre tract, the southeast corner
281	281	of said 21.2106 acre tract and the southwest corner of the
282	282	aforementioned 78.36 acre tract, from which a 3/4-inch iron pipe
283	283	found for an angle point on the southerly line of said 60-foot wide
284	284	easement bears South 01° 55' 59" East, 30.00 feet;
285	285	Thence, North 02° 33' 10" West, along the west line of said
286	286	78.36 acre tract, 3,886.82 feet to a point for the southeast corner
287	287	of that certain called 2.00049 acre tract conveyed to R. A.
288	288	Newberry, Jr. by an instrument of record under File Number G637606,
289	289	H.C.O.P.R.R.P.;
290	290	Thence, South 87° 37' 50" West, along the south line of said
291	291	2.00049 acre tract, 319.97 feet to a point for the southwest corner
292	292	of said 2.00049 acre tract;
293	293	Thence, North 01° 57' 05" East, along the west line of said
294	294	2.00049 acre tract, 283.02 feet to a point for the northwest corner
295	295	of said 2.00049 acre tract, same being the southwest corner of that
296	296	certain called 3.047 acre tract conveyed to Ronald G. Wood and Glena
297	297	Wood by an instrument of record under File Number P047906,
298	298	H.C.O.P.R.R.P.;
299	299	Thence, North 87° 37' 30" East, at 297.74 feet pass a 1-inch
300	300	pinched top pipe found for the northeast corner of said 2.00049 acre
301	301	tract, same being the northwest corner of that certain called 78.36
302	302	acre tract, continuing along the south line of said 3.047 acre tract
303	303	and the north line of said 78.36 acre, 691.90 feet to a 5/8-inch
304	304	iron rod found for the common east corner of said 3.047 and 78.36
305	305	acre tracts, said point being on the common survey line of the
306	306	aforementioned George Haig Survey and the William Settle Survey,
307	307	Abstract 705;
308	308	Thence, South 01° 45' 16" East, along said common survey line
309	309	and the east line of said 78.36 acre tract, 1,265.31 feet to a
310	310	1-inch iron pipe found for a re-entrant corner on the east line of
311	311	said 78.36 acre tract, same being the southwest corner of that
312	312	certain called 18.1828 acre tract (Tract A) conveyed to Loretta
313	313	Lois Froehlich Schlobohm by an instrument of record under File
314	314	Number W270309, H.C.O.P.R.R.P., and described in W270310,
315	315	H.C.O.P.R.R.P.;
316	316	Thence, North 87° 15' 43" East, along the south line of said
317	317	18.1828 acre tract and a north line of said 78.36 acre tract, 549.20
318	318	feet to a 1-1/4-inch iron pipe found for a northeast corner of said
319	319	78.36 acre tract, same being the northwest corner of that certain
320	320	called 3.707 acre tract (First Tract) conveyed to Lydia Louise
321	321	Froehlich Jordy and husband Luke M. Jordy by an instrument of record
322	322	under Volume 7078, Page 109, H.C.D.R.;
323	323	Thence, South 02° 01' 19" East, along a east line of said 78.36
324	324	acre tract passing at 2,602.33 feet a 1-3/4-inch iron pipe found for
325	325	reference, continuing in all a total distance of 2,632.00 feet to a
326	326	point for corner in the centerline of Little Cypress Creek;
327	327	Thence, along the centerline of Little Cypress Creek the
328	328	following five (5) courses:
329	329	1) North 87° 58' 41" East, 237.00 feet to a point for corner;
330	330	2) South 42° 44' 19" East, 159.00 feet to a point for corner;
331	331	3) South 68° 19' 19" East, 175.00 feet to a point for corner;
332	332	4) North 62° 03' 41" East, 133.50 feet to a point for corner;
333	333	5) North 70° 50' 40" East, 166.09 feet to a point for corner
334	334	on the westerly right-of-way line of Mueschke Road (width varies)
335	335	as described in the easement of record under File Number
336	336	20090505548, H.C.O.P.R.R.P.;
337	337	Thence, South 00° 53' 26" West, along said westerly
338	338	right-of-way line, 203.65 feet to a point for corner;
339	339	Thence, South 07° 27' 36" East, continuing along said westerly
340	340	right-of-way line, 126.48 feet to a point for corner on the
341	341	southerly line of the aforementioned 78.36 acre tract, same being
342	342	the centerline of that certain called 60 foot wide easement of
343	343	record under Volume 2921, Page 518, H.C.D.R. ;
344	344	Thence, North 87° 31' 51" West, along said southerly line and
345	345	along said centerline, 1,080.38 feet to a point for the northeast
346	346	corner of the aforementioned 34.507 acre tract, said point being on
347	347	the common survey line of said Jacob Duckworth Survey and said R. H.
348	348	Barrow Survey;
349	349	Thence, South 03° 32' 23" East, along the east line of said
350	350	34.507 acre tract and said common survey line, passing at 30.17 feet
351	351	a 5/8-inch iron rod found on the southerly line of said 60-foot wide
352	352	easement, continuing in all a distance of 1,970.98 feet to a point
353	353	for the southwest corner of that certain called 5.0000 acre tract
354	354	conveyed to Llewellyn Harkness, IV and Julie McGee Harkness by an
355	355	instrument of record under File Number S588883, H.C.O.P.R.R.P.;
356	356	Thence, South 85° 45' 57" East, along the south line of said
357	357	5.0000 acre tract, 722.02 feet to a 5/8-inch iron rod found for the
358	358	southwest corner of that certain called 1.876 acre tract of land
359	359	conveyed to John R. Kaleh by an instrument of record under File
360	360	Number T623472, H.C.O.P.R.R.P.;
361	361	Thence, South 86° 02' 16" East, along the south line of said
362	362	1.876 acre tract, 343.94 feet to a 5/8-inch iron rod with cap
363	363	stamped "RODS SURVEYING" found for corner on the west right-of-way
364	364	line of Mueschke Road (called 100 feet wide at this point) as
365	365	described in the easement of record under File Numbers 2010002193
366	366	and 20090575159, H.C.O.P.R.R.P., the beginning of a curve;
367	367	Thence, 58.79 feet along said west right-of-way line and
368	368	along the arc of a non-tangent curve to the left having a radius of
369	369	2,050.00 feet, a central angle of 01° 38' 35", and a chord that bears
370	370	South 03° 33' 24" East, 58.79 feet to a point for corner, from which
371	371	a found 5/8-inch iron rod with cap stamped "RODS SURVEYING" bears
372	372	South 10° 55' 31" East, 0.24 feet;
373	373	Thence, South 04° 22' 42" East, continuing along said west
374	374	right-of-way line, 914.05 feet to a 1-3/4-inch aluminum cap stamped
375	375	"RODS SURVEYING" found in concrete at the northerly end of a
376	376	cut-back corner on the west right-of-way line of Mueschke Road;
377	377	Thence, South 41° 43' 00" West, continuing along said west
378	378	right-of-way line, 20.80 feet to the POINT OF BEGINNING and
379	379	containing 264.723 acres of land.
380	380	SECTION 3. (a) The legal notice of the intention to
381	381	introduce this Act, setting forth the general substance of this
382	382	Act, has been published as provided by law, and the notice and a
383	383	copy of this Act have been furnished to all persons, agencies,
384	384	officials, or entities to which they are required to be furnished
385	385	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
386	386	Government Code.
387	387	(b) The governor, one of the required recipients, has
388	388	submitted the notice and Act to the Texas Commission on
389	389	Environmental Quality.
390	390	(c) The Texas Commission on Environmental Quality has filed
391	391	its recommendations relating to this Act with the governor, the
392	392	lieutenant governor, and the speaker of the house of
393	393	representatives within the required time.
394	394	(d) All requirements of the constitution and laws of this
395	395	state and the rules and procedures of the legislature with respect
396	396	to the notice, introduction, and passage of this Act are fulfilled
397	397	and accomplished.
398	398	SECTION 4. (a) If this Act does not receive a two-thirds
399	399	vote of all the members elected to each house, Subchapter C, Chapter
400	400	8452, Special District Local Laws Code, as added by Section 1 of
401	401	this Act, is amended by adding Section 8452.106 to read as follows:
402	402	Sec. 8452.106. NO EMINENT DOMAIN POWER. The district may
403	403	not exercise the power of eminent domain.
404	404	(b) This section is not intended to be an expression of a
405	405	legislative interpretation of the requirements of Section 17(c),
406	406	Article I, Texas Constitution.
407	407	SECTION 5. This Act takes effect immediately if it receives
408	408	a vote of two-thirds of all the members elected to each house, as
409	409	provided by Section 39, Article III, Texas Constitution. If this
410	410	Act does not receive the vote necessary for immediate effect, this
411	411	Act takes effect September 1, 2013.