Texas 2013 - 83rd Regular

Texas Senate Bill SB624 Compare Versions

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1	1	By: Williams S.B. No. 624
2	2	(Toth)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Montgomery County Municipal Utility
8	8	District No. 137; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8421 to read as follows:
14	14	CHAPTER 8421. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 137
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8421.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Montgomery County Municipal
22	22	Utility District No. 137.
23	23	Sec. 8421.002. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8421.003. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 8421.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 8421.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 8421.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8421.006. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 8421.051. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 8421.052, directors serve
62	62	staggered four-year terms.
63	63	Sec. 8421.052. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Deborah Hamilton Arterburn;
66	66	(2) Christina Eliasha Cole;
67	67	(3) Jared Sean Fargo;
68	68	(4) Aimee Ordeneaux Raley; and
69	69	(5) Robert Wempe.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8421.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8421.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8421.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8421.101. GENERAL POWERS AND DUTIES. The district has
93	93	the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8421.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8421.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 8421.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards, zoning and
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 8421.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120	120	OR RESOLUTION. The district shall comply with all applicable
121	121	requirements of any ordinance or resolution that is adopted under
122	122	Section 54.016 or 54.0165, Water Code, and that consents to the
123	123	creation of the district or to the inclusion of land in the
124	124	district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 8421.151. ELECTIONS REGARDING TAXES OR BONDS.
127	127	(a) The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 8421.153.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 8421.152. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8421.151, the district
141	141	may impose an operation and maintenance tax on taxable property in
142	142	the district in accordance with Section 49.107, Water Code.
143	143	(b) The board shall determine the tax rate. The rate may not
144	144	exceed the rate approved at the election.
145	145	Sec. 8421.153. CONTRACT TAXES. (a) In accordance with
146	146	Section 49.108, Water Code, the district may impose a tax other than
147	147	an operation and maintenance tax and use the revenue derived from
148	148	the tax to make payments under a contract after the provisions of
149	149	the contract have been approved by a majority of the district voters
150	150	voting at an election held for that purpose.
151	151	(b) A contract approved by the district voters may contain a
152	152	provision stating that the contract may be modified or amended by
153	153	the board without further voter approval.
154	154	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155	155	Sec. 8421.201. AUTHORITY TO ISSUE BONDS AND OTHER
156	156	OBLIGATIONS. The district may issue bonds or other obligations
157	157	payable wholly or partly from ad valorem taxes, impact fees,
158	158	revenue, contract payments, grants, or other district money, or any
159	159	combination of those sources, to pay for any authorized district
160	160	purpose.
161	161	Sec. 8421.202. TAXES FOR BONDS. At the time the district
162	162	issues bonds payable wholly or partly from ad valorem taxes, the
163	163	board shall provide for the annual imposition of a continuing
164	164	direct ad valorem tax, without limit as to rate or amount, while all
165	165	or part of the bonds are outstanding as required and in the manner
166	166	provided by Sections 54.601 and 54.602, Water Code.
167	167	Sec. 8421.203. BONDS FOR ROAD PROJECTS. At the time of
168	168	issuance, the total principal amount of bonds or other obligations
169	169	issued or incurred to finance road projects and payable from ad
170	170	valorem taxes may not exceed one-fourth of the assessed value of the
171	171	real property in the district.
172	172	SECTION 2. The Montgomery County Municipal Utility District
173	173	No. 137 initially includes all the territory contained in the
174	174	following area:
175	175	A METES AND BOUNDS description of a 500.9 acre tract of land
176	176	situated in the Joseph Miller Survey, Abstract No. 27 and the James
177	177	Brown Survey, Abstract No. 78 of Montgomery County, Texas; being
178	178	all of Tracts 1 through 7 conveyed to Venton L. Doughtie, Jr., by
179	179	Deed, as filed for record under Volume 724, Page 836 of the
180	180	Montgomery County Deed Records; said 500.9 acre tract being more
181	181	particularly described as follows with all bearings being based on
182	182	the Texas Coordinate System, Central Zone, NAD 83:
183	183	BEGINNING at the northwest corner of said Tract 7 in the south
184	184	line of a called 20 acre tract conveyed to J.J. Hubenak and wife,
185	185	Shirley Fay Hubenak by Warranty Deed with Vendor's Lien as file for
186	186	record under Volume 597, Page 165 of the Montgomery County Deed
187	187	Records and being the northeast corner of a called 16.92 acre tract
188	188	conveyed to Gale Philip Clee by General Warranty Deed as filed for
189	189	record under Volume 677, Page 914 of the Montgomery County Deed
190	190	Records;
191	191	THENCE, North 87°57'51" East, 1375.35 feet along the north
192	192	line of said Tract 7 to a found 1/2-inch iron rod in asphalt for the
193	193	northeast corner of said Tract 7;
194	194	THENCE, South 01°02'09" East, 570.46 feet along the east line
195	195	of said Tract 7 and the west right-of-way of Dry Creek Road to a set
196	196	5/8-inch iron rod (with cap stamped "Cotton Surveying") in the
197	197	south right of Standard Road (width varies) as filed for record
198	198	under Clerk's File No. 8534576 of the Montgomery County Official
199	199	Public Records of Real Property;
200	200	THENCE, in a northeast direction, along the south
201	201	right-of-way of said Standard Road, with the arc of a curve to the
202	202	right, having a radius of 3037.94 feet, a central angle of
203	203	04°48'54", an arc length of 255.30 feet, and a chord bearing North
204	204	87°29'06" East,, 255.23 feet to a set 5/8-inch iron rod (with cap
205	205	stamped "Cotton Surveying");
206	206	THENCE, North 89°53'33" East, 1694.22 feet continuing along
207	207	the south right-of-way of said Standard Road to a set 5/8-inch iron
208	208	rod (with cap stamped "Cotton Surveying"), from which a found
209	209	5/8-inch iron rod bears North 05°27'48" East, 2.82 feet;
210	210	THENCE, in a northeast direction, with the arc of a curve to
211	211	the left, having a radius of 882.88 feet, a central angle of
212	212	06°42'29", an arc length of 103.37 feet, and a chord bearing North
213	213	86°32'18" East, 103.31 feet to a found 5/8-inch iron rod for the
214	214	northwest corner of a called 1.022 acre tract conveyed to Randy Dale
215	215	Ware by Warranty Deed as filed for record under Clerk's File No.
216	216	2010098867 of the Montgomery County Official Public Records of Real
217	217	Property and being the northwest corner of Springwood Estates,
218	218	Section 1 (unrecorded);
219	219	THENCE, South 02°00'53" East, along the west line of said
220	220	Springwood Estates, Section 1, at 766.49 feet passing a found
221	221	5/8-inch iron rod for the northwest corner of a called 2.003 acre
222	222	tract conveyed to Michael G. Meek and wife Diana Meek as filed for
223	223	record under Volume 1113, Page 176 of Montgomery County Deed
224	224	Records, at 934.83 feet passing a 1 1/2-inch iron pipe for the
225	225	northwest corner of a tract containing all of Lot 7 and a part of
226	226	Lot 8 conveyed to Robert Barton and wife Amy L. Barton by Warranty
227	227	Deed with Vendor's Lien as filed for record under Clerk's File No.
228	228	9515955 of the Montgomery County Official Public Records of Real
229	229	Property, at 1137.52 feet passing a found 1 1/2-inch iron pipe, at
230	230	1137.89 feet. 0.13 feet right passing a found 5/8-inch iron rod, at
231	231	1508.84 feet passing a found 5/8-inch iron rod for the northwest
232	232	corner of a called 2.1501 acre tract conveyed to Donald R. Midkiff
233	233	and wife Shirley Midkiff by Warranty Deed as filed for record under
234	234	Volume 1115, Page 125 of the Montgomery County Deed Records,
235	235	continuing for a total distance of 1688.79 feet to a found concrete
236	236	monument for the southwest corner of said 2.1501 acre tract, the
237	237	southwest corner of said Springwood Estates, Section1, in the north
238	238	line of Lot 26 of Springwood Estates, Section 2 conveyed to Shelly
239	239	Huckaby by Warranty Deed as filed for record under Clerk's File No.
240	240	2006-023346 of the Montgomery County Official Public Records of
241	241	Real Property;
242	242	THENCE, South 87°37'23" West, along the north line of said
243	243	Springwood Estates, Section 2, at 100.09 feet passing a found
244	244	5/8-inch iron rod for the northwest corner of said Lot 26 and the
245	245	northeast corner of a called 1.8499 acre tract conveyed to Bradley
246	246	A. Johnson by Warranty Deed as filed for record under Clerk's File
247	247	No. 9634196 of the Montgomery County Official Public Records of
248	248	Real Property, at 394.78 feet, 0.30 feet left passing a found
249	249	5/8-inch iron rod and continuing for a total distance of 588.38 feet
250	250	to a set 5/8-inch iron rod (with cap stamped "Cotton Surveying")
251	251	from which a found nail (bent) bears North 25°40' West, 2.87 feet and
252	252	a found Axle for the northwest corner of said Tract 4 bears South
253	253	87°37'23" West, 602.52 feet;
254	254	THENCE, South 03°18'25" East, along the west line of said
255	255	Springwood Estates Section 2, at 143.55 feet passing a found
256	256	5/8-inch iron rod for the northwest corner of a called 2.8114 acre
257	257	tract conveyed to Michael W. Allen and wife Kathy Allen by General
258	258	Warranty Deed with Vendor's Lien as filed for record under Clerk's
259	259	File No. 2001-101668 of the Montgomery County Official Public
260	260	Records of Real Property, at 617.85 feet, 0.62 feet left passing a
261	261	found 5/8-inch iron rod, at 818.78 feet passing a found 5/8-inch
262	262	iron rod for the northwest corner of a called 3.4 acre tract
263	263	conveyed to Donald Midkiff and wife Shirley Midkiff by Warranty
264	264	Deed as file for record under Clerk's File No. 99011347 of the
265	265	Montgomery County Official Public Records of Real Property, at
266	266	1058.51 feet, 0.28 feet left passing a found 5/8-inch iron rod, at
267	267	1499.73 feet passing a found 5/8-inch iron rod for the northwest
268	268	corner of a called 1.0500 acre tract conveyed to Montgomery County,
269	269	Texas by Warranty Deed as file for record under Clerk's File No.
270	270	9569816 of the Montgomery County Official Public Records of Real
271	271	Property, and continuing for a total distance of 2035.72 feet to a
272	272	point in the centerline of Spring Creek;
273	273	THENCE, along the meanders of the centerline of Spring Creek
274	274	the following courses and distances:
275	275	1. South 64°37'47" West, 45.82 feet to a point;
276	276	2. South 20°42'36" West, 107.16 feet to a point;
277	277	3. South 60°34'50" West, 52.22 feet to a point;
278	278	4. South 86°56'10" West, 153.14 feet to a point;
279	279	5. North 46°17'30" West, 172.35 feet to a point;
280	280	6. North 84°29'19" West, 113.48 feet to a point;
281	281	7. South 75°36'55" West, 69.93 feet to a point;
282	282	8. South 39°43'46" West, 295.96 feet to a point;
283	283	9. South 42°29'34" West, 121.65 feet to a point;
284	284	10. South 24°21'30" West, 171.48 feet to a point;
285	285	11. South 46°07'02" West, 374.25 feet to a point;
286	286	12. South 02°38'20" East, 54.32 feet to a point;
287	287	13. South 18°34'57" East, 145.37 feet to a point;
288	288	14. South 62°36'46" East, 13.16 feet to a point;
289	289	15. South 19°27'39" East, 47.27 feet to a point;
290	290	16. South 56°55'21" West, 42.55 feet to a point;
291	291	17. South 80°40'29" West, 27.74 feet to a point;
292	292	18. North 75°34'20" West, 60.34 feet to a point;
293	293	19. North 45°24'17" West, 92.21 feet to a point;
294	294	20. South 69°37'01" West, 122.47 feet to a point;
295	295	21. South 01°52'10" West, 80.77 feet to a point;
296	296	22. South 47°53'22" West, 257.25 feet to a point;
297	297	23. South 62°49'43" West, 107.87 feet to a point;
298	298	24. South 70°51'08" West, 113.74 feet to a point;
299	299	25. South 47°54'19" East, 39.09 feet to a point;
300	300	26. South 33°56'40" East, 40.49 feet to a point;
301	301	27. South 19°44'57" East, 215.80 feet to a point;
302	302	28. In a southwest direction, with the arc of said curve to the
303	303	right, having a radius of 112.17 feet, a central angle of 89°09'41",
304	304	an arc length of 174.55 feet, and a chord bearing South 16°35'46"
305	305	West, 157.46 feet;
306	306	29. South 78°20'54" West, 127.86 feet to a point;
307	307	30. South 62°48'04" West, 67.77 feet to a point;
308	308	31. South 43°07'36" West, 199.77 feet to a point;
309	309	32. South 11°09'17" West, 224.55 feet to a point;
310	310	33. South 16°52'24" West, 81.16 feet to a point;
311	311	34. South 16°13'30" East, 66.10 feet to a point;
312	312	35. South 03°02'55" West, 577.13 feet to a point;
313	313	36. South 02°51'05" East, 65.04 feet to a point;
314	314	37. South 11°08'15" West, 109.37 feet to a point;
315	315	38. South 38°39'44" West, 78.65 feet to a point;
316	316	39. South 47°30'41" West, 136.45 feet to a point;
317	317	40. South 39°01'15" West, 183.90 feet to a point;
318	318	41. North 77°44'05" West, 78.71 feet to a point;
319	319	42. South 60°20'13" West, 44.60 feet to a point;
320	320	43. South 30°10'19" West, 101.61 feet to a point;
321	321	44. South 05°54'03" East, 96.43 feet to a point;
322	322	45. South 03°36'26" West, 160.90 feet to a point;
323	323	46. South 19°03'19" East, 52.87 feet to a point;
324	324	47. South 15°28'22" West, 110.56 feet to a point;
325	325	48. South 26°18'48" West, 193.37 feet to a point;
326	326	49. South 25°07'04" West, 284.81 feet to a point;
327	327	50. South 21°59'56" West, 319.08 feet to a point;
328	328	51. South 42°58'11" West, 27.29 feet to a point;
329	329	52. South 76°04'54" West, 40.59 feet to a point;
330	330	53. South 60°41'21" West, 247.58 feet to a point;
331	331	54. South 51°14'52" West, 198.47 feet to a point;
332	332	THENCE, North 01°51'21" West, leaving the centerline of said
333	333	Spring Creek along the west line of said Tract 1, at 1111.01 feet,
334	334	0.30 feet right passing a found Flat Bar (leaning), at 1352.28 feet,
335	335	.014 right a found T-Rail, and continuing for a total distance of
336	336	1830.00 feet to a set 5/8-inch iron rod (with cap stamped "Cotton
337	337	Surveying");
338	338	THENCE, North 02°33'57" West, continuing along the west
339	339	boundary line of said Tract 1, at 102.90 feet, .052 feet left a
340	340	found axle, at 247.93 feet, 1.78 right a found concrete monument and
341	341	continuing for a total distance 2010.73 feet to a found concrete
342	342	monument for the southeast corner of said Tract 5 and the northeast
343	343	corner of a called 222.0856 acre tract conveyed to Derek Alan Metz
344	344	and Clyde Metz as filed for record under Clerk's File No.
345	345	2009-058942 of the Montgomery County Official Public Records of
346	346	Real Property;
347	347	THENCE, South 87°46'40" West, along the common line of said
348	348	Tract 5 and said 222.0856 acre tract 576.99 feet to a found concrete
349	349	monument for the southwest corner of said Tract 5 and the northwest
350	350	corner of said 222.0856 acre tract;
351	351	THENCE, North 03°15'31" West, along the west line of said
352	352	Tract 5, 1731.48 feet to a found T-Rail for the northwest corner of
353	353	said Tract 5 in the south line of a called 1.716 acre tract conveyed
354	354	to Jerry Kirkpatrick Homes, Inc. by Warranty Deed as filed for
355	355	record under Volume 1026, Page 729 of the Montgomery County Deed
356	356	Records;
357	357	THENCE, North 87°35'39" East, along the common line of said
358	358	Tract 5 and said 1.716 acres, at 26.28 feet a found 3/4-inch iron
359	359	rod, at 136.21 feet, 0.15 feet left a found 1/2-iron rod (bent), at
360	360	246.11 feet, 0.13 feet left a found 1/2-inch iron rod and continuing
361	361	for a total distance of 578.10 feet to a found axle for northeast
362	362	corner of said Tract 5 and the southeast corner of a called 0.6853
363	363	acre tract conveyed to Cindy Ann Schmidt by Special Warranty Deed as
364	364	file for record under Clerk's File No. 9445705 of the Montgomery
365	365	County Deed Records and being in the west line of said Tract 2;
366	366	THENCE, North 03°23'08" West, along the east line of said
367	367	0.6853 acre tract and the west line of said Tract 2, 1185.47 feet to
368	368	a set 5/8-inch iron rod (with cap stamped "Cotton Surveying"), from
369	369	which a found axle bears South 88°01' West, 1.83 feet;
370	370	THENCE, North 88°00'38" East, along a north line of said Tract
371	371	2, 686.50 feet to a found 2-inch iron pipe for the southeast corner
372	372	of a called 8.4715 acre tract conveyed to Lynn P. Stewart and wife
373	373	Refeana D. Stewart by General Warranty Deed with Vendor's Lien as
374	374	filed for record under Clerk's File No. 9714296 of the Montgomery
375	375	County Official Public Records of Reap Property;
376	376	THENCE, North 00°57'02" West, along the west line of said
377	377	Tract 2, at 25.43 feet passing a found 1/2-inch iron rod for the
378	378	southwest corner of said Tract 7 and a northwest corner of said
379	379	Tract 2, at 604.97 feet, 1.52 feet right a found 5/8-inch iron rod,
380	380	at 811.95 feet, 5.19 feet right a found 1/2-inch iron rod (stamped
381	381	"RPLS 3971 Rainke"), at 1191.18 feet, 0.52 feet left a found
382	382	5/8-inch iron rod, at 1776.38 feet, 0.84 feet left a found 5/8-inch
383	383	iron rod and continuing for a total distance of 2348.57 feet to the
384	384	POINT OF BEGINNING, CONTAINING 500.9 acres of land in Montgomery
385	385	County, Texas as shown on drawing number 2407 in the office of
386	386	Cotton Surveying, The Woodlands, Texas.
387	387	SECTION 3. (a) The legal notice of the intention to
388	388	introduce this Act, setting forth the general substance of this
389	389	Act, has been published as provided by law, and the notice and a
390	390	copy of this Act have been furnished to all persons, agencies,
391	391	officials, or entities to which they are required to be furnished
392	392	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
393	393	Government Code.
394	394	(b) The governor, one of the required recipients, has
395	395	submitted the notice and Act to the Texas Commission on
396	396	Environmental Quality.
397	397	(c) The Texas Commission on Environmental Quality has filed
398	398	its recommendations relating to this Act with the governor, the
399	399	lieutenant governor, and the speaker of the house of
400	400	representatives within the required time.
401	401	(d) All requirements of the constitution and laws of this
402	402	state and the rules and procedures of the legislature with respect
403	403	to the notice, introduction, and passage of this Act are fulfilled
404	404	and accomplished.
405	405	SECTION 4. (a) If this Act does not receive a two-thirds
406	406	vote of all the members elected to each house, Subchapter C, Chapter
407	407	8421, Special District Local Laws Code, as added by Section 1 of
408	408	this Act, is amended by adding Section 8421.106 to read as follows:
409	409	Sec. 8421.106. NO EMINENT DOMAIN POWER. The district may
410	410	not exercise the power of eminent domain.
411	411	(b) This section is not intended to be an expression of a
412	412	legislative interpretation of the requirements of Subsection (c),
413	413	Section 17, Article I, Texas Constitution.
414	414	SECTION 5. Except as provided by Section 4 of this Act:
415	415	(1) this Act takes effect immediately if it receives a
416	416	vote of two-thirds of all the members elected to each house, as
417	417	provided by Section 39, Article III, Texas Constitution; and
418	418	(2) if this Act does not receive the vote necessary for
419	419	immediate effect, this Act takes effect September 1, 2013.