Texas 2013 - 83rd Regular

Texas Senate Bill SB751 Compare Versions

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1	1	By: Patrick S.B. No. 751
2	2	(Fletcher)
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; providing authority to impose a tax and issue
8	8	bonds; granting a limited power of eminent domain.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8452 to read as follows:
12	12	CHAPTER 8452. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 531
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8452.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means the Harris County Municipal
20	20	Utility District No. 531.
21	21	Sec. 8452.002. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 8452.003. CONFIRMATION AND DIRECTORS' ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 8452.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section 8452.003
30	30	until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district.
34	34	Sec. 8452.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	35	(a) The district is created to serve a public purpose and benefit.
36	36	(b) The district is created to accomplish the purposes of:
37	37	(1) a municipal utility district as provided by
38	38	general law and Section 59, Article XVI, Texas Constitution; and
39	39	(2) Section 52, Article III, Texas Constitution, that
40	40	relate to the construction, acquisition, improvement, operation,
41	41	or maintenance of macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 8452.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act enacting this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act enacting this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	SUBCHAPTER B. BOARD OF DIRECTORS
57	57	Sec. 8452.051. GOVERNING BODY; TERMS. (a) The district is
58	58	governed by a board of five elected directors.
59	59	(b) Except as provided by Section 8452.052, directors serve
60	60	staggered four-year terms.
61	61	Sec. 8452.052. TEMPORARY DIRECTORS. (a) The temporary
62	62	board consists of:
63	63	(1) J. T. Hall;
64	64	(2) Paul White;
65	65	(3) Christopher Thomas;
66	66	(4) Antoinette Hanson; and
67	67	(5) Shane Herzog.
68	68	(b) Temporary directors serve until the earlier of:
69	69	(1) the date permanent directors are elected under
70	70	Section 8452.003; or
71	71	(2) the fourth anniversary of the effective date of
72	72	the Act enacting this chapter.
73	73	(c) If permanent directors have not been elected under
74	74	Section 8452.003 and the terms of the temporary directors have
75	75	expired, successor temporary directors shall be appointed or
76	76	reappointed as provided by Subsection (d) to serve terms that
77	77	expire on the earlier of:
78	78	(1) the date permanent directors are elected under
79	79	Section 8452.003; or
80	80	(2) the fourth anniversary of the date of the
81	81	appointment or reappointment.
82	82	(d) If Subsection (c) applies, the owner or owners of a
83	83	majority of the assessed value of the real property in the district
84	84	may submit a petition to the commission requesting that the
85	85	commission appoint as successor temporary directors the five
86	86	persons named in the petition. The commission shall appoint as
87	87	successor temporary directors the five persons named in the
88	88	petition.
89	89	SUBCHAPTER C. POWERS AND DUTIES
90	90	Sec. 8452.101. GENERAL POWERS AND DUTIES. The district has
91	91	the powers and duties necessary to accomplish the purposes for
92	92	which the district is created.
93	93	Sec. 8452.102. MUNICIPAL UTILITY DISTRICT POWERS AND
94	94	DUTIES. The district has the powers and duties provided by the
95	95	general law of this state, including Chapters 49 and 54, Water Code,
96	96	applicable to municipal utility districts created under Section 59,
97	97	Article XVI, Texas Constitution.
98	98	Sec. 8452.103. AUTHORITY FOR ROAD PROJECTS. Under Section
99	99	52, Article III, Texas Constitution, the district may design,
100	100	acquire, construct, finance, issue bonds for, improve, operate,
101	101	maintain, and convey to this state, a county, or a municipality for
102	102	operation and maintenance macadamized, graveled, or paved roads, or
103	103	improvements, including storm drainage, in aid of those roads.
104	104	Sec. 8452.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	105	road project must meet all applicable construction standards,
106	106	zoning and subdivision requirements, and regulations of each
107	107	municipality in whose corporate limits or extraterritorial
108	108	jurisdiction the road project is located.
109	109	(b) If a road project is not located in the corporate limits
110	110	or extraterritorial jurisdiction of a municipality, the road
111	111	project must meet all applicable construction standards,
112	112	subdivision requirements, and regulations of each county in which
113	113	the road project is located.
114	114	(c) If the state will maintain and operate the road, the
115	115	Texas Transportation Commission must approve the plans and
116	116	specifications of the road project.
117	117	Sec. 8452.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
118	118	OR RESOLUTION. The district shall comply with all applicable
119	119	requirements of any ordinance or resolution that is adopted under
120	120	Section 54.016 or 54.0165, Water Code, and that consents to the
121	121	creation of the district or to the inclusion of land in the
122	122	district.
123	123	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	124	Sec. 8452.151. ELECTIONS REGARDING TAXES OR BONDS.
125	125	(a) The district may issue, without an election, bonds and other
126	126	obligations secured by:
127	127	(1) revenue other than ad valorem taxes; or
128	128	(2) contract payments described by Section 8452.153.
129	129	(b) The district must hold an election in the manner
130	130	provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	131	before the district may impose an ad valorem tax or issue bonds
132	132	payable from ad valorem taxes.
133	133	(c) The district may not issue bonds payable from ad valorem
134	134	taxes to finance a road project unless the issuance is approved by a
135	135	vote of a two-thirds majority of the district voters voting at an
136	136	election held for that purpose.
137	137	Sec. 8452.152. OPERATION AND MAINTENANCE TAX. (a) If
138	138	authorized at an election held under Section 8452.151, the district
139	139	may impose an operation and maintenance tax on taxable property in
140	140	the district in accordance with Section 49.107, Water Code.
141	141	(b) The board shall determine the tax rate. The rate may not
142	142	exceed the rate approved at the election.
143	143	Sec. 8452.153. CONTRACT TAXES. (a) In accordance with
144	144	Section 49.108, Water Code, the district may impose a tax other than
145	145	an operation and maintenance tax and use the revenue derived from
146	146	the tax to make payments under a contract after the provisions of
147	147	the contract have been approved by a majority of the district voters
148	148	voting at an election held for that purpose.
149	149	(b) A contract approved by the district voters may contain a
150	150	provision stating that the contract may be modified or amended by
151	151	the board without further voter approval.
152	152	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
153	153	Sec. 8452.201. AUTHORITY TO ISSUE BONDS AND OTHER
154	154	OBLIGATIONS. The district may issue bonds or other obligations
155	155	payable wholly or partly from ad valorem taxes, impact fees,
156	156	revenue, contract payments, grants, or other district money, or any
157	157	combination of those sources, to pay for any authorized district
158	158	purpose.
159	159	Sec. 8452.202. TAXES FOR BONDS. At the time the district
160	160	issues bonds payable wholly or partly from ad valorem taxes, the
161	161	board shall provide for the annual imposition of a continuing
162	162	direct ad valorem tax, without limit as to rate or amount, while all
163	163	or part of the bonds are outstanding as required and in the manner
164	164	provided by Sections 54.601 and 54.602, Water Code.
165	165	Sec. 8452.203. BONDS FOR ROAD PROJECTS. At the time of
166	166	issuance, the total principal amount of bonds or other obligations
167	167	issued or incurred to finance road projects and payable from ad
168	168	valorem taxes may not exceed one-fourth of the assessed value of the
169	169	real property in the district.
170	170	SECTION 2. The Harris County Municipal Utility District
171	171	No. 531 initially includes all the territory contained in the
172	172	following area:
173	173	Being 264.723 acres of land located in the Jacob Duckworth
174	174	Survey, Abstract 227, the George Haig (A.K.A. J.P. Douglas) Survey,
175	175	Abstract 338, and the R.H. Barrow Survey, Abstract 1624, Harris
176	176	County, Texas, more particularly being a portion of the residue of
177	177	that certain called 75.81 acre tract conveyed to Louis Niklas and
178	178	Julia Rydel by an instrument of record under File Number K252127, of
179	179	the Official Public Records of Real Property, of said Harris
180	180	County, Texas (H.C.O.P.R.R.P.), all of the residue of that certain
181	181	called 34.507 acre tract conveyed to Barbara White by an instrument
182	182	of record under File Number S646489, H.C.O.P.R.R.P., a portion of
183	183	that certain called 44.1682 acre tract conveyed to Julia Niklas
184	184	Rydel by an instrument of record under File Number G737799,
185	185	H.C.O.P.R.R.P., a portion of that certain called 1.9926 acre tract
186	186	conveyed to Clayton L. Kitzmann and Janice L. Kitzmann by an
187	187	instrument of record under File Number J023156, H.C.O.P.R.R.P., a
188	188	portion of the residue of that certain called 81.99 acre tract
189	189	conveyed to Irene Sanders Newberry by an instrument of record under
190	190	File Number L075748, H.C.O.P.R.R.P., all of the residue of those
191	191	certain tracts called 78.36 acres (referred to as Tract 1) and 4.747
192	192	acres (referred to as Tract 2) conveyed to Irene Marguerite
193	193	Newberry and R. A. Newberry by an instrument of record under File
194	194	Number K252128, H.C.O.P.R.R.P., and all of that certain called
195	195	2.00049 acre tract conveyed to R. A. Newberry, Jr. by an instrument
196	196	of record under File Number G637606, H.C.O.P.R.R.P., said 264.723
197	197	acre tract being more particularly described by metes and bounds as
198	198	follows (all bearings referenced to the Texas State Plane
199	199	Coordinate System, South Central Zone, NAD83, 2001 adjustment);
200	200	BEGINNING at a 1-3/4-inch aluminum cap stamped "RODS
201	201	SURVEYING" found in concrete at the southerly end of a cut-back
202	202	corner at the intersection of the north right-of-way line of Schiel
203	203	Road (100 feet wide) and the west right-of-way line of Mueschke Road
204	204	(width varies) as described in the easement of record under File
205	205	Number 20090575159, H.C.O.P.R.R.P.;
206	206	Thence, South 87° 48' 42" West, along the north right-of-way
207	207	line of said Schiel Road; 1,055.30 feet to a 1-3/4-inch aluminum cap
208	208	stamped "RODS SURVEYING" found in concrete for corner on the west
209	209	line of the aforementioned 75.81 acre tract and the east line of
210	210	that certain called 0.517 acre tract conveyed to Curtis E. White and
211	211	Barbara White by an instrument of record under File Number S646490,
212	212	H.C.O.P.R.R.P., said point being on the common survey line of said
213	213	Jacob Duckworth Survey and said R. H. Barrow Survey;
214	214	Thence, North 03° 33' 05" West, along the common line of said
215	215	0.517 and 75.81 acre tracts and said common survey line, 379.99 feet
216	216	to a 5/8-inch iron rod found for the northeast corner of said 0.517
217	217	acre tract;
218	218	Thence, South 87° 49' 48" West, departing said common survey
219	219	line and along the north line of said 0.517 acre tract and that
220	220	certain tract conveyed to Barbara Schiel White by an instrument of
221	221	record under Volume 7943, Page 25, of the Deed Records of said
222	222	Harris County (H.C.D.R.), 351.93 feet to a 5/8-inch iron rod found
223	223	for the northeast corner of that certain called 2.000 acre tract
224	224	conveyed to Teresa G. O'Hara Marsh and Michael O'Hara Marsh by an
225	225	instrument of record under File Number U549558, H.C.O.P.R.R.P.;
226	226	Thence, South 87° 41' 17" West, along the north line of said
227	227	2.000 acre tract, 217.58 feet to a 5/8-inch iron rod found for the
228	228	common north corner of said 2.000 acre tract and that certain called
229	229	0.552 acre tract conveyed to Curtis E. White and Barbara White by an
230	230	instrument of record under File Number S646491, H.C.O.P.R.R.P.;
231	231	Thence, South 88° 15' 25" West, along the north line of said
232	232	0.552 acre tract, 68.05 feet to a 1-inch pipe found for the common
233	233	north corner of said 0.552 acre tract and that certain called 3.524
234	234	acre tract conveyed to Norman Miller Hubbard, Jr. by an instrument
235	235	of record under File Number W304407, H.C.O.P.R.R.P.;
236	236	Thence, South 87° 45' 25" West, along the north line of said
237	237	3.524 acre tract 392.42 feet to a 1-inch pipe found for the common
238	238	north corner of said 3.524 acre tract and the aforementioned 1.9926
239	239	acre tract;
240	240	Thence, South 02° 13' 01" East, along the west line of said
241	241	3.524 acre tract and the east line of said 1.9926 acre tract, 379.68
242	242	feet to a point for corner on the north right-of-way line of Schiel
243	243	Road (100 feet wide) as described under File Numbers 20100388058,
244	244	20100471263, 20100513706 and 20110361248, H.C.O.P.R.R.P.;
245	245	Thence, South 87° 48' 37" West, along the north right-of-way
246	246	line of said Schiel Road, 1,119.11 feet to a 5/8-inch iron rod found
247	247	for the southeast corner of that certain called 3.0560 acre tract
248	248	conveyed to County of Harris by an instrument of record under File
249	249	Number 20100471263, H.C.O.P.R.R.P.;
250	250	Thence, North 01° 46' 26" West, along the east line of said
251	251	3.0560 acre tract, 497.02 feet to a 5/8-inch iron rod with cap
252	252	stamped "TERRA-SURVEYING" found for corner;
253	253	Thence, South 87° 48' 02" West, along the north line of said
254	254	3.0560 acre tract, 269.85 feet to a 5/8-inch iron rod with cap
255	255	stamped "TERRA-SURVEYING" found for corner on the west line of the
256	256	aforementioned 81.99 acre tract;
257	257	Thence, North 02° 27' 08" West, along the west line of said
258	258	81.99 acre tract, at 2,596.29 feet pass a 1/2-inch iron found on the
259	259	south line of that certain called 60 foot wide easement of record
260	260	under Volume 2921, Page, 518, H.C.D.R., continuing in all a total
261	261	distance of 2,626.29 feet to a 5/8-inch iron rod with cap stamped
262	262	"EIC" found for the west corner of said 81.99 acre tract and that
263	263	certain called 10.158 acre tract conveyed to Jeffrey J. Gulley by an
264	264	instrument of record under File Number V852607, H.C.O.P.R.R.P.,
265	265	said point also being on the centerline of said 60 foot wide
266	266	easement;
267	267	Thence, North 87° 45' 39" East, along the north line of said
268	268	81.99 acre tract and the south line of said 10.158 acre tract and
269	269	the centerline of said 60 foot wide easement, 968.92 feet to a
270	270	3/4-inch iron pipe found for the common south corner of said 10.158
271	271	acre tract and that certain called 21.2106 acre tract conveyed to
272	272	Jeffrey J. Gulley by an instrument of record under File Number
273	273	20100506999, H.C.O.P.R.R.P.;
274	274	Thence, North 87° 47' 31" East, continuing along the north
275	275	line of said 81.99 acre tract, the centerline of said 60 foot wide
276	276	easement, and along the south line of said 21.2106 acre tract and
277	277	the north line of the aforementioned 44.1682 acre tract, 791.87
278	278	feet to a 1/2-inch iron pipe with a PK nail found for an angle point
279	279	on the north line of said 44.1682 acre tract, the southeast corner
280	280	of said 21.2106 acre tract and the southwest corner of the
281	281	aforementioned 78.36 acre tract, from which a 3/4-inch iron pipe
282	282	found for an angle point on the southerly line of said 60-foot wide
283	283	easement bears South 01° 55' 59" East, 30.00 feet;
284	284	Thence, North 02° 33' 10" West, along the west line of said
285	285	78.36 acre tract, 3,886.82 feet to a point for the southeast corner
286	286	of that certain called 2.00049 acre tract conveyed to R. A.
287	287	Newberry, Jr. by an instrument of record under File Number G637606,
288	288	H.C.O.P.R.R.P.;
289	289	Thence, South 87° 37' 50" West, along the south line of said
290	290	2.00049 acre tract, 319.97 feet to a point for the southwest corner
291	291	of said 2.00049 acre tract;
292	292	Thence, North 01° 57' 05" East, along the west line of said
293	293	2.00049 acre tract, 283.02 feet to a point for the northwest corner
294	294	of said 2.00049 acre tract, same being the southwest corner of that
295	295	certain called 3.047 acre tract conveyed to Ronald G. Wood and Glena
296	296	Wood by an instrument of record under File Number P047906,
297	297	H.C.O.P.R.R.P.;
298	298	Thence, North 87° 37' 30" East, at 297.74 feet pass a 1-inch
299	299	pinched top pipe found for the northeast corner of said 2.00049 acre
300	300	tract, same being the northwest corner of that certain called 78.36
301	301	acre tract, continuing along the south line of said 3.047 acre tract
302	302	and the north line of said 78.36 acre, 691.90 feet to a 5/8-inch
303	303	iron rod found for the common east corner of said 3.047 and 78.36
304	304	acre tracts, said point being on the common survey line of the
305	305	aforementioned George Haig Survey and the William Settle Survey,
306	306	Abstract 705;
307	307	Thence, South 01° 45' 16" East, along said common survey line
308	308	and the east line of said 78.36 acre tract, 1,265.31 feet to a
309	309	1-inch iron pipe found for a re-entrant corner on the east line of
310	310	said 78.36 acre tract, same being the southwest corner of that
311	311	certain called 18.1828 acre tract (Tract A) conveyed to Loretta
312	312	Lois Froehlich Schlobohm by an instrument of record under File
313	313	Number W270309, H.C.O.P.R.R.P., and described in W270310,
314	314	H.C.O.P.R.R.P.;
315	315	Thence, North 87° 15' 43" East, along the south line of said
316	316	18.1828 acre tract and a north line of said 78.36 acre tract, 549.20
317	317	feet to a 1-1/4-inch iron pipe found for a northeast corner of said
318	318	78.36 acre tract, same being the northwest corner of that certain
319	319	called 3.707 acre tract (First Tract) conveyed to Lydia Louise
320	320	Froehlich Jordy and husband Luke M. Jordy by an instrument of record
321	321	under Volume 7078, Page 109, H.C.D.R.;
322	322	Thence, South 02° 01' 19" East, along a east line of said 78.36
323	323	acre tract passing at 2,602.33 feet a 1-3/4-inch iron pipe found for
324	324	reference, continuing in all a total distance of 2,632.00 feet to a
325	325	point for corner in the centerline of Little Cypress Creek;
326	326	Thence, along the centerline of Little Cypress Creek the
327	327	following five (5) courses:
328	328	1) North 87° 58' 41" East, 237.00 feet to a point for corner;
329	329	2) South 42° 44' 19" East, 159.00 feet to a point for corner;
330	330	3) South 68° 19' 19" East, 175.00 feet to a point for corner;
331	331	4) North 62° 03' 41" East, 133.50 feet to a point for corner;
332	332	5) North 70° 50' 40" East, 166.09 feet to a point for corner
333	333	on the westerly right-of-way line of Mueschke Road (width varies)
334	334	as described in the easement of record under File Number
335	335	20090505548, H.C.O.P.R.R.P.;
336	336	Thence, South 00° 53' 26" West, along said westerly
337	337	right-of-way line, 203.65 feet to a point for corner;
338	338	Thence, South 07° 27' 36" East, continuing along said westerly
339	339	right-of-way line, 126.48 feet to a point for corner on the
340	340	southerly line of the aforementioned 78.36 acre tract, same being
341	341	the centerline of that certain called 60 foot wide easement of
342	342	record under Volume 2921, Page 518, H.C.D.R. ;
343	343	Thence, North 87° 31' 51" West, along said southerly line and
344	344	along said centerline, 1,080.38 feet to a point for the northeast
345	345	corner of the aforementioned 34.507 acre tract, said point being on
346	346	the common survey line of said Jacob Duckworth Survey and said R. H.
347	347	Barrow Survey;
348	348	Thence, South 03° 32' 23" East, along the east line of said
349	349	34.507 acre tract and said common survey line, passing at 30.17 feet
350	350	a 5/8-inch iron rod found on the southerly line of said 60-foot wide
351	351	easement, continuing in all a distance of 1,970.98 feet to a point
352	352	for the southwest corner of that certain called 5.0000 acre tract
353	353	conveyed to Llewellyn Harkness, IV and Julie McGee Harkness by an
354	354	instrument of record under File Number S588883, H.C.O.P.R.R.P.;
355	355	Thence, South 85° 45' 57" East, along the south line of said
356	356	5.0000 acre tract, 722.02 feet to a 5/8-inch iron rod found for the
357	357	southwest corner of that certain called 1.876 acre tract of land
358	358	conveyed to John R. Kaleh by an instrument of record under File
359	359	Number T623472, H.C.O.P.R.R.P.;
360	360	Thence, South 86° 02' 16" East, along the south line of said
361	361	1.876 acre tract, 343.94 feet to a 5/8-inch iron rod with cap
362	362	stamped "RODS SURVEYING" found for corner on the west right-of-way
363	363	line of Mueschke Road (called 100 feet wide at this point) as
364	364	described in the easement of record under File Numbers 2010002193
365	365	and 20090575159, H.C.O.P.R.R.P., the beginning of a curve;
366	366	Thence, 58.79 feet along said west right-of-way line and
367	367	along the arc of a non-tangent curve to the left having a radius of
368	368	2,050.00 feet, a central angle of 01° 38' 35", and a chord that bears
369	369	South 03° 33' 24" East, 58.79 feet to a point for corner, from which
370	370	a found 5/8-inch iron rod with cap stamped "RODS SURVEYING" bears
371	371	South 10° 55' 31" East, 0.24 feet;
372	372	Thence, South 04° 22' 42" East, continuing along said west
373	373	right-of-way line, 914.05 feet to a 1-3/4-inch aluminum cap stamped
374	374	"RODS SURVEYING" found in concrete at the northerly end of a
375	375	cut-back corner on the west right-of-way line of Mueschke Road;
376	376	Thence, South 41° 43' 00" West, continuing along said west
377	377	right-of-way line, 20.80 feet to the POINT OF BEGINNING and
378	378	containing 264.723 acres of land.
379	379	SECTION 3. (a) The legal notice of the intention to
380	380	introduce this Act, setting forth the general substance of this
381	381	Act, has been published as provided by law, and the notice and a
382	382	copy of this Act have been furnished to all persons, agencies,
383	383	officials, or entities to which they are required to be furnished
384	384	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
385	385	Government Code.
386	386	(b) The governor, one of the required recipients, has
387	387	submitted the notice and Act to the Texas Commission on
388	388	Environmental Quality.
389	389	(c) The Texas Commission on Environmental Quality has filed
390	390	its recommendations relating to this Act with the governor, the
391	391	lieutenant governor, and the speaker of the house of
392	392	representatives within the required time.
393	393	(d) All requirements of the constitution and laws of this
394	394	state and the rules and procedures of the legislature with respect
395	395	to the notice, introduction, and passage of this Act are fulfilled
396	396	and accomplished.
397	397	SECTION 4. (a) If this Act does not receive a two-thirds
398	398	vote of all the members elected to each house, Subchapter C, Chapter
399	399	8452, Special District Local Laws Code, as added by Section 1 of
400	400	this Act, is amended by adding Section 8452.106 to read as follows:
401	401	Sec. 8452.106. NO EMINENT DOMAIN POWER. The district may
402	402	not exercise the power of eminent domain.
403	403	(b) This section is not intended to be an expression of a
404	404	legislative interpretation of the requirements of Subsection (c),
405	405	Section 17, Article I, Texas Constitution.
406	406	SECTION 5. This Act takes effect immediately if it receives
407	407	a vote of two-thirds of all the members elected to each house, as
408	408	provided by Section 39, Article III, Texas Constitution. If this
409	409	Act does not receive the vote necessary for immediate effect, this
410	410	Act takes effect September 1, 2013.