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Texas House Bill HB4142

Texas 2015 - 84th Regular

Texas House Bill HB4142 Compare Versions

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11 84R11297 GRM-F
22 By: Bell H.B. No. 4142
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Montgomery County Municipal Utility
88 District No. 150; granting a limited power of eminent domain;
99 providing authority to issue bonds; providing authority to impose
1010 assessments, fees, and taxes.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1313 Code, is amended by adding Chapter 7925 to read as follows:
1414 CHAPTER 7925. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 150
1515 SUBCHAPTER A. GENERAL PROVISIONS
1616 Sec. 7925.001. DEFINITIONS. In this chapter:
1717 (1) "Board" means the district's board of directors.
1818 (2) "Commission" means the Texas Commission on
1919 Environmental Quality.
2020 (3) "Director" means a board member.
2121 (4) "District" means the Montgomery County Municipal
2222 Utility District No. 150.
2323 Sec. 7925.002. NATURE OF DISTRICT. The district is a
2424 municipal utility district created under Section 59, Article XVI,
2525 Texas Constitution.
2626 Sec. 7925.003. CONFIRMATION AND DIRECTORS' ELECTION
2727 REQUIRED. The temporary directors shall hold an election to
2828 confirm the creation of the district and to elect five permanent
2929 directors as provided by Section 49.102, Water Code.
3030 Sec. 7925.004. CONSENT OF MUNICIPALITY REQUIRED. The
3131 temporary directors may not hold an election under Section 7925.003
3232 until each municipality in whose corporate limits or
3333 extraterritorial jurisdiction the district is located has
3434 consented by ordinance or resolution to the creation of the
3535 district and to the inclusion of land in the district.
3636 Sec. 7925.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
3737 The district is created to serve a public purpose and benefit.
3838 (b) The district is created to accomplish the purposes of:
3939 (1) a municipal utility district as provided by
4040 general law and Section 59, Article XVI, Texas Constitution; and
4141 (2) Section 52, Article III, Texas Constitution, that
4242 relate to the construction, acquisition, improvement, operation,
4343 or maintenance of macadamized, graveled, or paved roads, or
4444 improvements, including storm drainage, in aid of those roads.
4545 Sec. 7925.006. INITIAL DISTRICT TERRITORY. (a) The
4646 district is initially composed of the territory described by
4747 Section 2 of the Act enacting this chapter.
4848 (b) The boundaries and field notes contained in Section 2 of
4949 the Act enacting this chapter form a closure. A mistake made in the
5050 field notes or in copying the field notes in the legislative process
5151 does not affect the district's:
5252 (1) organization, existence, or validity;
5353 (2) right to issue any type of bond for the purposes
5454 for which the district is created or to pay the principal of and
5555 interest on a bond;
5656 (3) right to impose a tax; or
5757 (4) legality or operation.
5858 SUBCHAPTER B. BOARD OF DIRECTORS
5959 Sec. 7925.051. GOVERNING BODY; TERMS. (a) The district is
6060 governed by a board of five elected directors.
6161 (b) Except as provided by Section 7925.052, directors serve
6262 staggered four-year terms.
6363 Sec. 7925.052. TEMPORARY DIRECTORS. (a) On or after the
6464 effective date of the Act enacting this chapter, the owner or owners
6565 of a majority of the assessed value of the real property in the
6666 district may submit a petition to the commission requesting that
6767 the commission appoint as temporary directors the five persons
6868 named in the petition. The commission shall appoint as temporary
6969 directors the five persons named in the petition.
7070 (b) Temporary directors serve until the earlier of:
7171 (1) the date permanent directors are elected under
7272 Section 7925.003; or
7373 (2) the fourth anniversary of the effective date of
7474 the Act enacting this chapter.
7575 (c) If permanent directors have not been elected under
7676 Section 7925.003 and the terms of the temporary directors have
7777 expired, successor temporary directors shall be appointed or
7878 reappointed as provided by Subsection (d) to serve terms that
7979 expire on the earlier of:
8080 (1) the date permanent directors are elected under
8181 Section 7925.003; or
8282 (2) the fourth anniversary of the date of the
8383 appointment or reappointment.
8484 (d) If Subsection (c) applies, the owner or owners of a
8585 majority of the assessed value of the real property in the district
8686 may submit a petition to the commission requesting that the
8787 commission appoint as successor temporary directors the five
8888 persons named in the petition. The commission shall appoint as
8989 successor temporary directors the five persons named in the
9090 petition.
9191 SUBCHAPTER C. POWERS AND DUTIES
9292 Sec. 7925.101. GENERAL POWERS AND DUTIES. The district has
9393 the powers and duties necessary to accomplish the purposes for
9494 which the district is created.
9595 Sec. 7925.102. MUNICIPAL UTILITY DISTRICT POWERS AND
9696 DUTIES. The district has the powers and duties provided by the
9797 general law of this state, including Chapters 49 and 54, Water Code,
9898 applicable to municipal utility districts created under Section 59,
9999 Article XVI, Texas Constitution.
100100 Sec. 7925.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101101 52, Article III, Texas Constitution, the district may design,
102102 acquire, construct, finance, issue bonds for, improve, operate,
103103 maintain, and convey to this state, a county, or a municipality for
104104 operation and maintenance macadamized, graveled, or paved roads, or
105105 improvements, including storm drainage, in aid of those roads.
106106 Sec. 7925.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
107107 project must meet all applicable construction standards, zoning and
108108 subdivision requirements, and regulations of each municipality in
109109 whose corporate limits or extraterritorial jurisdiction the road
110110 project is located.
111111 (b) If a road project is not located in the corporate limits
112112 or extraterritorial jurisdiction of a municipality, the road
113113 project must meet all applicable construction standards,
114114 subdivision requirements, and regulations of each county in which
115115 the road project is located.
116116 (c) If the state will maintain and operate the road, the
117117 Texas Transportation Commission must approve the plans and
118118 specifications of the road project.
119119 Sec. 7925.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120120 OR RESOLUTION. The district shall comply with all applicable
121121 requirements of any ordinance or resolution that is adopted under
122122 Section 54.016 or 54.0165, Water Code, and that consents to the
123123 creation of the district or to the inclusion of land in the
124124 district.
125125 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126126 Sec. 7925.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
127127 district may issue, without an election, bonds and other
128128 obligations secured by:
129129 (1) revenue other than ad valorem taxes; or
130130 (2) contract payments described by Section 7925.153.
131131 (b) The district must hold an election in the manner
132132 provided by Chapters 49 and 54, Water Code, to obtain voter approval
133133 before the district may impose an ad valorem tax or issue bonds
134134 payable from ad valorem taxes.
135135 (c) The district may not issue bonds payable from ad valorem
136136 taxes to finance a road project unless the issuance is approved by a
137137 vote of a two-thirds majority of the district voters voting at an
138138 election held for that purpose.
139139 Sec. 7925.152. OPERATION AND MAINTENANCE TAX. (a) If
140140 authorized at an election held under Section 7925.151, the district
141141 may impose an operation and maintenance tax on taxable property in
142142 the district in accordance with Section 49.107, Water Code.
143143 (b) The board shall determine the tax rate. The rate may not
144144 exceed the rate approved at the election.
145145 Sec. 7925.153. CONTRACT TAXES. (a) In accordance with
146146 Section 49.108, Water Code, the district may impose a tax other than
147147 an operation and maintenance tax and use the revenue derived from
148148 the tax to make payments under a contract after the provisions of
149149 the contract have been approved by a majority of the district voters
150150 voting at an election held for that purpose.
151151 (b) A contract approved by the district voters may contain a
152152 provision stating that the contract may be modified or amended by
153153 the board without further voter approval.
154154 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155155 Sec. 7925.201. AUTHORITY TO ISSUE BONDS AND OTHER
156156 OBLIGATIONS. The district may issue bonds or other obligations
157157 payable wholly or partly from ad valorem taxes, impact fees,
158158 revenue, contract payments, grants, or other district money, or any
159159 combination of those sources, to pay for any authorized district
160160 purpose.
161161 Sec. 7925.202. TAXES FOR BONDS. At the time the district
162162 issues bonds payable wholly or partly from ad valorem taxes, the
163163 board shall provide for the annual imposition of a continuing
164164 direct ad valorem tax, without limit as to rate or amount, while all
165165 or part of the bonds are outstanding as required and in the manner
166166 provided by Sections 54.601 and 54.602, Water Code.
167167 Sec. 7925.203. BONDS FOR ROAD PROJECTS. At the time of
168168 issuance, the total principal amount of bonds or other obligations
169169 issued or incurred to finance road projects and payable from ad
170170 valorem taxes may not exceed one-fourth of the assessed value of the
171171 real property in the district.
172172 SECTION 2. The Montgomery County Municipal Utility District
173173 No. 150 initially includes all the territory contained in the
174174 following area:
175175 TRACT 1
176176 BEING a 104.295 acre tract of land situated in the John Corner
177177 Survey, Abstract No. 8 and William W. Shepperd Survey, Abstract
178178 No. 480, Montgomery County, Texas, and being portions of a 111.857
179179 acre tract and a 33.863 acre tract described in deed to Joe and
180180 Margaret Havens recorded under County Clerk's File No. 9512940 of
181181 the Official Public Records of Montgomery County, Texas, said
182182 104.295 acre tract being more particularly described as follows:
183183 BEGINNING at a point for the southwesterly corner of the
184184 herein described tract, intersecting the northerly line of Lot 49,
185185 Block 1 of HILLTOP RANCH Section One, according to the map or plat
186186 thereof recorded in Cabinet O, Sheet 138 of the Map Records of
187187 Montgomery County, Texas, with the centerline of a creek marking
188188 the southeasterly corner of a 14 acre tract described in deed to
189189 Michelle Rod recorded under County Clerk's File No. 9464986;
190190 THENCE with the centerline meanders of said creek with said
191191 Michelle Rod tracts and the easterly line of HAVENSHIRE, according
192192 to the map or plat thereof recorded in Cabinet H, Sheet 167B of said
193193 Map Records, the following courses:
194194 N 26° 13' 05" W a distance of 51.78 feet;
195195 N 28° 45' 08" E a distance of 42.11 feet;
196196 N 09° 57' 01" W a distance of 37.70 feet;
197197 N 00° 20' 47" E a distance of 33.27 feet;
198198 N 08° 19' 59" E a distance of 46.73 feet;
199199 N 17° 53' 25" W a distance of 52.33 feet;
200200 N 02° 01' 03" W a distance of 35.10 feet;
201201 N 20° 27' 58" E a distance of 54.76 feet;
202202 N 77° 51' 46" E a distance of 14.94 feet;
203203 N 02° 05' 13" E a distance of 32.05 feet;
204204 N 26° 41' 04" E a distance of 48.80 feet;
205205 N 52° 24' 09" E a distance of 33.97 feet;
206206 N 01° 35' 47" W a distance of 22.36 feet;
207207 N 39° 56' 21" E a distance of 23.00 feet;
208208 N 21° 46' 39" E a distance of 53.85 feet;
209209 N 04° 53' 17" W a distance of 72.71 feet;
210210 N 23° 25' 46" E a distance of 52.54 feet;
211211 N 10° 26' 22" W a distance of 56.96 feet;
212212 N 23° 46' 15" W a distance of 87.18 feet;
213213 N 26° 07' 26" E a distance of 93.63 feet;
214214 N 13° 43' 28" E a distance of 94.42 feet;
215215 N 07° 20' 06" W a distance of 64.76 feet;
216216 N 13° 43' 28" E a distance of 94.42 feet;
217217 N 07° 20' 06" W a distance of 64.76 feet;
218218 N 06° 18' 51" E a distance of 65.94 feet;
219219 N 10° 40' 56" E a distance of 67.46 feet;
220220 N 60° 18' 51" E a distance of 30.12 feet;
221221 N 15° 02' 04" W a distance of 89.41 feet;
222222 N 07° 23' 04" W a distance of 39.42 feet;
223223 N 28° 13' 04" W a distance of 77.11 feet;
224224 N 05° 31' 33" E a distance of 272.91 feet;
225225 N 16° 49' 23" W a distance of 91.96 feet;
226226 N 04° 50' 18" E a distance of 388.64 feet;
227227 N 04° 11' 29" W a distance of 97.63 feet;
228228 N 45° 06' 37" E a distance of 38.26 feet;
229229 N 78° 17' 50" E a distance of 36.42 feet;
230230 N 60° 44' 40" E a distance of 36.96 feet;
231231 N 24° 08' 56" E a distance of 40.27 feet;
232232 N 06° 09' 31" W a distance of 29.13 feet;
233233 N 24° 39' 37" E a distance of 64.56 feet;
234234 N 07° 25' 20" E a distance of 223.80 feet;
235235 N 45° 47' 55" W a distance of 23.01 feet;
236236 N 50° 13' 14" W a distance of 26.04 feet;
237237 N 33° 21' 31" E a distance of 65.51 feet to the
238238 southeasterly corner of HAVENSHIRE;
239239 N 33° 21' 31" E a distance of 12.17 feet;
240240 N 48° 55' 17" E a distance of 37.89 feet;
241241 N 26° 06' 07" E a distance of 71.77 feet;
242242 N 33° 11' 43" E a distance of 28.93 feet;
243243 N 59° 21' 27" E a distance of 18.014 feet;
244244 N 11° 10' 57" E a distance of 43.46 feet;
245245 N 36° 37' 32" E a distance of 48.15 feet;
246246 N 55° 42' 50" E a distance of 29.84 feet;
247247 N 23° 53' 30" E a distance of 42.50 feet;
248248 N 56° 06' 44" E a distance of 25.39 feet;
249249 N 78° 34' 35" E a distance of 47.29 feet;
250250 S 71° 55' 54" E a distance of 35.75 feet;
251251 N 58° 59' 00" E a distance of 34.65 feet;
252252 N 33° 34' 27" E a distance of 41.01 feet;
253253 N 10° 35' 25" W a distance of 68.96 feet;
254254 N 13° 53' 45" E a distance of 42.68 feet;
255255 N 24° 16' 07" E a distance of 18.96 feet;
256256 N 24° 16' 07" E a distance of 58.38 feet;
257257 N 04° 43' 37" W a distance of 60.72 feet;
258258 N 00° 25' 47" E a distance of 59.18 feet;
259259 N 27° 52' 00" W a distance of 64.19 feet;
260260 N 21° 55' 01 E a distance of 44.33 feet;
261261 N 44° 12' 25" E a distance of 62.23 feet;
262262 N 00° 00' 00" E a distance of 55.00 feet;
263263 N 30° 17' 33" W a distance of 38.49 feet to a point in the
264264 easterly line of a 21.245 acre tract described in deed to
265265 Texas Fund No. 6, L.P. recorded under County Clerk's File
266266 No. 2008-092439;
267267 N 14° 51' 565" W a distance of 72.27 feet;
268268 N 11° 26' 33" W a distance of 22.36 feet;
269269 N 85° 29' 27" E a distance of 44.08 feet:
270270 N 80° 22' 25" E a distance of 28.29 feet;
271271 S 82° 25' 56" E a distance of 78.62 feet;
272272 N 75° 27' 29" E a distance of 33.41 feet to a point in the
273273 westerly line of a 1.442 acre tract Surveyed by Steve
274274 Laughlin, now described in Correction Special Warrant Deed
275275 recorded under County Clerk's File No. 2014062252;
276276 THENCE with the westerly line of said 1.442 acre tract the
277277 following courses:
278278 S 14° 25' 15" E a distance of 109.29 feet;
279279 S 31° 22' 57" E a distance of 103.76 feet;
280280 S 47° 02' 57" E a distance of 68.02 feet to a point in the
281281 westerly line of a 48.450 acre tract described in deed to
282282 Kampgrounds of America recorded under County Clerk's File
283283 No. 2007-000471;
284284 THENCE with the westerly and southerly lines of said
285285 Kampgrounds of America 48.450 acre tract the following courses:
286286 S 29° 07' 31" W a distance of 169.27 feet;
287287 S 10° 09' 55" W a distance of 143.50 feet;
288288 S 62° 00' 58" E a distance of 514.46 feet;
289289 S 47° 30' 15" E a distance of 151.80 feet;
290290 S 53° 17' 47" W a distance of 186.45 feet;
291291 S 47° 53' 11" E a distance of 387.41 feet;
292292 Southeasterly with a curve to the right having a radius
293293 of 245.00 feet, an arc length of 135.99 feet (S 04° 50' 31" E
294294 134.25 feet);
295295 S 53° 56' 16" W a distance of 21.17 feet;
296296 S 21° 34' 47" W a distance of 40.23 feet;
297297 S 67° 48' 53" W a distance of 157.62 feet;
298298 S 09° 57' 31" W a distance of 376.44 feet;
299299 S 74° 20' 34" E a distance of 303.88 feet;
300300 N 64° 45' 21" E a distance of 152.52 feet;
301301 N 32° 20' 41" E a distance of 329.71 feet;
302302 N 49° 49' 48" E a distance of 256.39 feet;
303303 N 62° 12' 41" E a distance of 114.56 feet;
304304 N 48° 05' 27" E a distance of 182.47 feet;
305305 N 23° 15' 09" W a distance of 167.19 feet;
306306 N 81° 45' 56" E a distance of 309.70 feet to a point in
307307 the westerly line of a 60 foot wide Roadway Easement (County
308308 Clerk's Files No. 9219821, 9219822 and 9212379) also known as
309309 Club Drive;
310310 THENCE with the westerly line of said Roadway Easement the
311311 following courses:
312312 Southwesterly with a curve to the right having a radius
313313 of 1022.90 feet, an arc length of 335.98 feet (S 03° 48' 04" W
314314 335.98');
315315 S 13° 15' 13" W a distance of 205.00 feet;
316316 Southwesterly with a curve to the left having a radius
317317 of 1236.57 feet, an arc length of 809.44 feet (S 32° 00' 22" W
318318 795.06');
319319 S 50° 45' 30" W a distance of 103.78 feet;
320320 Southwesterly with a curve to the right having a radius
321321 of 496.54 feet, an arc length of 229.94 feet (S 37° 29' 30" W
322322 227.90 feet);
323323 South 24° 13' 30" West a distance of 13.50 feet to a
324324 point in the northerly line of those tracts described in deed
325325 to Cross Development recorded under County Clerk's File
326326 No. 2007-037729;
327327 THENCE with the northerly line of the Cross Development tract
328328 S 90° 00'00" W a distance of 719.68 feet to the northeasterly corner
329329 of said Havens 33.863 acre tract;
330330 THENCE with the westerly line of said 33.863 acre tract S 00°
331331 00' 00" E a distance of 1353.32 feet to a point in the westerly line
332332 of Lot 37, of HILLTOP RANCH and northeasterly corner of Lot 47;
333333 THENCE with the northerly line of Lots 47, 48 and 49 of
334334 HILLTOP RANCH N 89° 23' 54" W a distance of 1180.50 feet to the POINT
335335 OF BEGINNING.
336336 CONTAINING a computed area of 104.295 acres of land within
337337 this Field Note Description.
338338 TRACT 2
339339 BEING a 22.551 acre tract of land situated in the John Corner
340340 Survey, Abstract No. 8, Montgomery County, Texas, and being a
341341 portion of that certain 35.7767 acre tract described in deed to H
342342 and T Partnership recorded under County Clerk's File No. 9413864 of
343343 the Official Public Records of Montgomery County, Texas, and being
344344 that same tract described in deed to Joe D. Havens recorded under
345345 County Clerk's File No. 99010873,m said 22.551 acre tract being
346346 more particularly described as follows:
347347 BEGINNING at a 5/8 inch iron rod found for the most easterly
348348 corner of said H and T Partnership 35.7767 acre tract, also being
349349 the northwesterly corner of a lot 21, Block 6, of ROMAN HILLS
350350 SECTION ONE, according to the map or plat thereof recorded in
351351 Cabinet A, Sheet 81 of the Map Records of Montgomery County, Texas,
352352 and the southeasterly corner of a 24.04 acre tract described in deed
353353 to D.C. Van Orden recorded under County Clerk's File
354354 No. 2004-133004;
355355 THENCE with the westerly line of ROMAN HILLS SECTION ONE
356356 South 12° 30' 08" West a distance of 350.06 feet to a 5/8 inch iron
357357 rod found for the northeasterly corner of a 50.014 acre tract
358358 described in deed to Westland Oil Development Corporation recorded
359359 under County Clerk's File No. 8038846, now part of those tracts
360360 conveyed to Cross Development Montgomery LLC recorded under County
361361 Clerk's File No. 2007-037729;
362362 THENCE with the northerly line of said 50.014 acre tract
363363 North 89° 58' 53" West a distance of 1619.79 feet to a 5/8 inch iron
364364 rod found for corner;
365365 THENCE North 00° 00' 00" East (NORTH) a distance of 178.31
366366 feet to a 5/8 inch iron rod found for corner;
367367 THENCE South 90° 00' 00" West (WEST) a distance of 414.30 feet
368368 to a 5/8 inch iron rod found in the easterly right-of-way line of a
369369 60 foot wide Roadway Easement recorded under County Clerk's File
370370 No. 9219822;
371371 THENCE with the easterly line of said Roadway Easement the
372372 following courses:
373373 Northeasterly with a curve to the right having a radius
374374 of 436.54 feet, an arc length of 188.57 feet through a central
375375 angle of 24° 44' 57" (chord bearing N 38° 23' 02" E 187.10 feet)
376376 to a 5/8 inch iron rod found for corner;
377377 North 50° 45' 30" East a distance of 103.78 feet to a 5/8
378378 inch iron rod found for corner;
379379 Northeasterly with a curve to the left having a radius
380380 of 1296.57 feet, an arc length of 848.71 feet, through a
381381 central angle of 37° 30' 17" (chord bearing N 32° 00' 21" E
382382 83.64 feet) to a 5/8 inch iron rod found for the southwesterly
383383 corner of a 4.905 acre tract described in deed to Secure Cash
384384 Network recorded under County Clerk's File No. 2006-032988;
385385 THENCE departing said Roadway Easement South 76° 46' 58" East
386386 a distance of 10.57 feet to a 5/8 inch iron rod found in the easterly
387387 line of said 35.7767 acre parent tract and westerly line of a 54.14
388388 acre tract described in deed to William Wilcox recorded under
389389 County Clerk's File No. 2000-099370;
390390 THENCE South 13° 14' 32" West a distance of 416.30 feet to a 58
391391 inch iron rod found for Wilcox's southwesterly corner;
392392 THENCE South 76° 46' 57" East a distance of 1075.77 feet to a
393393 5/8 inch iron rod found for Wilcox's southeasterly corner and
394394 southwesterly corner of said 24.04 acre Van Orden tract;
395395 THENCE with Van Orden's southerly line South 78° 36' 00" East
396396 a distance of 519.54 feet to the POINT OF BEGINNING.
397397 CONTAINING a computed area of 22.551 acres of land within
398398 this Field Note Description.
399399 SECTION 3. (a) The legal notice of the intention to
400400 introduce this Act, setting forth the general substance of this
401401 Act, has been published as provided by law, and the notice and a
402402 copy of this Act have been furnished to all persons, agencies,
403403 officials, or entities to which they are required to be furnished
404404 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
405405 Government Code.
406406 (b) The governor, one of the required recipients, has
407407 submitted the notice and Act to the Texas Commission on
408408 Environmental Quality.
409409 (c) The Texas Commission on Environmental Quality has filed
410410 its recommendations relating to this Act with the governor, the
411411 lieutenant governor, and the speaker of the house of
412412 representatives within the required time.
413413 (d) All requirements of the constitution and laws of this
414414 state and the rules and procedures of the legislature with respect
415415 to the notice, introduction, and passage of this Act are fulfilled
416416 and accomplished.
417417 SECTION 4. (a) If this Act does not receive a two-thirds
418418 vote of all the members elected to each house, Subchapter C, Chapter
419419 7925, Special District Local Laws Code, as added by Section 1 of
420420 this Act, is amended by adding Section 7925.106 to read as follows:
421421 Sec. 7925.106. NO EMINENT DOMAIN POWER. The district may
422422 not exercise the power of eminent domain.
423423 (b) This section is not intended to be an expression of a
424424 legislative interpretation of the requirements of Section 17(c),
425425 Article I, Texas Constitution.
426426 SECTION 5. This Act takes effect immediately if it receives
427427 a vote of two-thirds of all the members elected to each house, as
428428 provided by Section 39, Article III, Texas Constitution. If this
429429 Act does not receive the vote necessary for immediate effect, this
430430 Act takes effect September 1, 2015.