84R10812 GRM-F By: Thompson of Harris H.B. No. 4175 A BILL TO BE ENTITLED AN ACT relating to eminent domain powers of certain conservation and reclamation districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. CERTAIN MUNICIPAL UTILITY DISTRICTS. Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapters 7937, 7938, 7939, 7940, 7941, 7942, 7943, 7944, 7946, 7947, 7948, and 7949 to read as follows: CHAPTER 7937. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 SUBCHAPTER A. GENERAL PROVISIONS Sec. 7937.001. DEFINITION. In this chapter, "district" means the Harris County Municipal Utility District No. 5. SUBCHAPTER B. POWERS AND DUTIES Sec. 7937.051. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). CHAPTER 7938. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 SUBCHAPTER A. GENERAL PROVISIONS Sec. 7938.001. DEFINITION. In this chapter, "district" means the Harris County Municipal Utility District No. 16. SUBCHAPTER B. POWERS AND DUTIES Sec. 7938.051. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). CHAPTER 7939. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 61 SUBCHAPTER A. GENERAL PROVISIONS Sec. 7939.001. DEFINITION. In this chapter, "district" means the Harris County Municipal Utility District No. 61. SUBCHAPTER B. POWERS AND DUTIES Sec. 7939.051. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). CHAPTER 7940. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 150 SUBCHAPTER A. GENERAL PROVISIONS Sec. 7940.001. DEFINITION. In this chapter, "district" means the Harris County Municipal Utility District No. 150. SUBCHAPTER B. POWERS AND DUTIES Sec. 7940.051. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). CHAPTER 7941. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 211 SUBCHAPTER A. GENERAL PROVISIONS Sec. 7941.001. DEFINITION. In this chapter, "district" means the Harris County Municipal Utility District No. 211. SUBCHAPTER B. POWERS AND DUTIES Sec. 7941.051. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). CHAPTER 7942. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 483 SUBCHAPTER A. GENERAL PROVISIONS Sec. 7942.001. DEFINITION. In this chapter, "district" means the Harris County Municipal Utility District No. 483. SUBCHAPTER B. POWERS AND DUTIES Sec. 7942.051. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). CHAPTER 7943. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 484 SUBCHAPTER A. GENERAL PROVISIONS Sec. 7943.001. DEFINITION. In this chapter, "district" means the Harris County Municipal Utility District No. 484. SUBCHAPTER B. POWERS AND DUTIES Sec. 7943.051. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). CHAPTER 7944. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 485 SUBCHAPTER A. GENERAL PROVISIONS Sec. 7944.001. DEFINITION. In this chapter, "district" means the Harris County Municipal Utility District No. 485. SUBCHAPTER B. POWERS AND DUTIES Sec. 7944.051. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). CHAPTER 7946. LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 SUBCHAPTER A. GENERAL PROVISIONS Sec. 7946.001. DEFINITION. In this chapter, "district" means the Liberty County Municipal Utility District No. 2. SUBCHAPTER B. POWERS AND DUTIES Sec. 7946.051. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). CHAPTER 7947. LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 SUBCHAPTER A. GENERAL PROVISIONS Sec. 7947.001. DEFINITION. In this chapter, "district" means the Liberty County Municipal Utility District No. 3. SUBCHAPTER B. POWERS AND DUTIES Sec. 7947.051. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). CHAPTER 7948. POST WOOD MUNICIPAL UTILITY DISTRICT SUBCHAPTER A. GENERAL PROVISIONS Sec. 7948.001. DEFINITION. In this chapter, "district" means the Post Wood Municipal Utility District. SUBCHAPTER B. POWERS AND DUTIES Sec. 7948.051. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). CHAPTER 7949. WEST PARK MUNICIPAL UTILITY DISTRICT SUBCHAPTER A. GENERAL PROVISIONS Sec. 7949.001. DEFINITION. In this chapter, "district" means the West Park Municipal Utility District. SUBCHAPTER B. POWERS AND DUTIES Sec. 7949.051. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). SECTION 2. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 8. Subchapter C, Chapter 8112, Special District Local Laws Code, is amended by adding Section 8112.103 to read as follows: Sec. 8112.103. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). SECTION 3. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 9. Subchapter C, Chapter 8113, Special District Local Laws Code, is amended by adding Section 8113.103 to read as follows: Sec. 8113.103. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). SECTION 4. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 10. Subchapter C, Chapter 8114, Special District Local Laws Code, is amended by adding Section 8114.103 to read as follows: Sec. 8114.103. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). SECTION 5. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 11. Subchapter C, Chapter 8115, Special District Local Laws Code, is amended by adding Section 8115.103 to read as follows: Sec. 8115.103. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). SECTION 6. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 12. Subchapter C, Chapter 8116, Special District Local Laws Code, is amended by adding Section 8116.103 to read as follows: Sec. 8116.103. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). SECTION 7. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 13. Subchapter C, Chapter 8117, Special District Local Laws Code, is amended by adding Section 8117.103 to read as follows: Sec. 8117.103. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). SECTION 8. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 14. Subchapter C, Chapter 8118, Special District Local Laws Code, is amended by adding Section 8118.103 to read as follows: Sec. 8118.103. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). SECTION 9. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 100. Section 8119.103, Special District Local Laws Code, is amended to read as follows: Sec. 8119.103. LIMITATION ON USE OF EMINENT DOMAIN. (a) The district may not exercise the power of eminent domain outside the district boundaries to acquire a site for a water treatment plant, water storage facility, wastewater treatment plant, or wastewater disposal facility. (b) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (c) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (b). SECTION 10. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 101. Section 8120.103, Special District Local Laws Code, is amended to read as follows: Sec. 8120.103. LIMITATION ON USE OF EMINENT DOMAIN. (a) The district may not exercise the power of eminent domain outside the district boundaries to acquire a site for a water treatment plant, water storage facility, wastewater treatment plant, or wastewater disposal facility. (b) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (c) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (b). SECTION 11. ENCANTO REAL UTILITY DISTRICT. Subchapter C, Chapter 8161, Special District Local Laws Code, is amended by adding Section 8161.102 to read as follows: Sec. 8161.102. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). SECTION 12. LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 5. Subchapter C, Chapter 8185, Special District Local Laws Code, is amended by adding Section 8185.104 to read as follows: Sec. 8185.104. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). SECTION 13. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 3. Subchapter C, Chapter 8186, Special District Local Laws Code, is amended by adding Section 8186.103 to read as follows: Sec. 8186.103. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). SECTION 14. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 233 OF HARRIS COUNTY, TEXAS. Subchapter C, Chapter 8192, Special District Local Laws Code, is amended by adding Section 8192.103 to read as follows: Sec. 8192.103. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). SECTION 15. CNP UTILITY DISTRICT. Section 8270.153, Special District Local Laws Code, is amended to read as follows: Sec. 8270.153. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain only: (1) in a county in which the district is located; and (2) when necessary to carry out the purposes for which the district was created. (b) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (c) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (b). SECTION 16. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 4. Subchapter C, Chapter 8308, Special District Local Laws Code, is amended by adding Section 8308.104 to read as follows: Sec. 8308.104. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). SECTION 17. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 119. Subtitle I, Title 6, Special District Local Laws Code, is amended by adding Chapter 9066 to read as follows: CHAPTER 9066. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 119 SUBCHAPTER A. GENERAL PROVISIONS Sec. 9066.001. DEFINITION. In this chapter, "district" means the Harris County Water Control and Improvement District No. 119. SUBCHAPTER B. POWERS AND DUTIES Sec. 9066.051. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. (b) Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, the district may exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a). SECTION 18. EFFECTIVE DATE. As provided by Section 17(c), Article I, Texas Constitution, this Act takes effect only on a two-thirds vote of all the members elected to each house. If this Act receives the vote necessary to take effect, this Act takes effect September 1, 2015.