Texas 2015 - 84th Regular

Texas House Bill HB4179 Compare Versions

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1-By: Farney H.B. No. 4179
1+H.B. No. 4179
22
33
4- A BILL TO BE ENTITLED
54 AN ACT
65 relating to the creation of the Williamson County Municipal Utility
76 District No. 32; granting a limited power of eminent domain;
87 providing authority to issue bonds; providing authority to impose
98 assessments, fees, and taxes.
109 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1110 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1211 Code, is amended by adding Chapter 7935 to read as follows:
1312 CHAPTER 7935. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 32
1413 SUBCHAPTER A. GENERAL PROVISIONS
1514 Sec. 7935.001. DEFINITIONS. In this chapter:
1615 (1) "Board" means the district's board of directors.
1716 (2) "Commission" means the Texas Commission on
1817 Environmental Quality.
1918 (3) "Director" means a board member.
2019 (4) "District" means the Williamson County Municipal
2120 Utility District No. 32.
2221 Sec. 7935.002. NATURE OF DISTRICT. The district is a
2322 municipal utility district created under Section 59, Article XVI,
2423 Texas Constitution.
2524 Sec. 7935.003. CONFIRMATION AND DIRECTORS' ELECTION
2625 REQUIRED. The temporary directors shall hold an election to
2726 confirm the creation of the district and to elect five permanent
2827 directors as provided by Section 49.102, Water Code.
2928 Sec. 7935.004. CONSENT OF MUNICIPALITY REQUIRED. The
3029 temporary directors may not hold an election under Section 7935.003
3130 until each municipality in whose corporate limits or
3231 extraterritorial jurisdiction the district is located has
3332 consented by ordinance or resolution to the creation of the
3433 district and to the inclusion of land in the district.
3534 Sec. 7935.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
3635 The district is created to serve a public purpose and benefit.
3736 (b) The district is created to accomplish the purposes of:
3837 (1) a municipal utility district as provided by
3938 general law and Section 59, Article XVI, Texas Constitution; and
4039 (2) Section 52, Article III, Texas Constitution, that
4140 relate to the construction, acquisition, improvement, operation,
4241 or maintenance of macadamized, graveled, or paved roads, or
4342 improvements, including storm drainage, in aid of those roads.
4443 Sec. 7935.006. INITIAL DISTRICT TERRITORY. (a) The
4544 district is initially composed of the territory described by
4645 Section 2 of the Act enacting this chapter.
4746 (b) The boundaries and field notes contained in Section 2 of
4847 the Act enacting this chapter form a closure. A mistake made in the
4948 field notes or in copying the field notes in the legislative process
5049 does not affect the district's:
5150 (1) organization, existence, or validity;
5251 (2) right to issue any type of bond for the purposes
5352 for which the district is created or to pay the principal of and
5453 interest on a bond;
5554 (3) right to impose a tax; or
5655 (4) legality or operation.
5756 SUBCHAPTER B. BOARD OF DIRECTORS
5857 Sec. 7935.051. GOVERNING BODY; TERMS. (a) The district is
5958 governed by a board of five elected directors.
6059 (b) Except as provided by Section 7935.052, directors serve
6160 staggered four-year terms.
6261 Sec. 7935.052. TEMPORARY DIRECTORS. (a) On or after the
6362 effective date of the Act enacting this chapter, the owner or owners
6463 of a majority of the assessed value of the real property in the
6564 district may submit a petition to the commission requesting that
6665 the commission appoint as temporary directors the five persons
6766 named in the petition. The commission shall appoint as temporary
6867 directors the five persons named in the petition.
6968 (b) Temporary directors serve until the earlier of:
7069 (1) the date permanent directors are elected under
7170 Section 7935.003; or
7271 (2) the fourth anniversary of the effective date of
7372 the Act enacting this chapter.
7473 (c) If permanent directors have not been elected under
7574 Section 7935.003 and the terms of the temporary directors have
7675 expired, successor temporary directors shall be appointed or
7776 reappointed as provided by Subsection (d) to serve terms that
7877 expire on the earlier of:
7978 (1) the date permanent directors are elected under
8079 Section 7935.003; or
8180 (2) the fourth anniversary of the date of the
8281 appointment or reappointment.
8382 (d) If Subsection (c) applies, the owner or owners of a
8483 majority of the assessed value of the real property in the district
8584 may submit a petition to the commission requesting that the
8685 commission appoint as successor temporary directors the five
8786 persons named in the petition. The commission shall appoint as
8887 successor temporary directors the five persons named in the
8988 petition.
9089 SUBCHAPTER C. POWERS AND DUTIES
9190 Sec. 7935.101. GENERAL POWERS AND DUTIES. The district has
9291 the powers and duties necessary to accomplish the purposes for
9392 which the district is created.
9493 Sec. 7935.102. MUNICIPAL UTILITY DISTRICT POWERS AND
9594 DUTIES. The district has the powers and duties provided by the
9695 general law of this state, including Chapters 49 and 54, Water Code,
9796 applicable to municipal utility districts created under Section 59,
9897 Article XVI, Texas Constitution.
9998 Sec. 7935.103. AUTHORITY FOR ROAD PROJECTS. Under Section
10099 52, Article III, Texas Constitution, the district may design,
101100 acquire, construct, finance, issue bonds for, improve, operate,
102101 maintain, and convey to this state, a county, or a municipality for
103102 operation and maintenance macadamized, graveled, or paved roads, or
104103 improvements, including storm drainage, in aid of those roads.
105104 Sec. 7935.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106105 project must meet all applicable construction standards, zoning and
107106 subdivision requirements, and regulations of each municipality in
108107 whose corporate limits or extraterritorial jurisdiction the road
109108 project is located.
110109 (b) If a road project is not located in the corporate limits
111110 or extraterritorial jurisdiction of a municipality, the road
112111 project must meet all applicable construction standards,
113112 subdivision requirements, and regulations of each county in which
114113 the road project is located.
115114 (c) If the state will maintain and operate the road, the
116115 Texas Transportation Commission must approve the plans and
117116 specifications of the road project.
118- (d) The district shall:
119- (1) maintain a connection between a road inside the
120- district and a public roadway that intersects a district boundary;
121- and
122- (2) at the request of a political subdivision adjacent
123- to the district or the Texas Department of Transportation, allow a
124- connection to be built between a road inside the district and a
125- public roadway that intersects a district boundary.
117+ (d) The district shall convey the public roads constructed
118+ by or on behalf of the district under Section 7935.103 to Williamson
119+ County for ownership, operation, and maintenance by the county.
120+ After the 12th anniversary of the date the county accepts
121+ conveyance of the roads, the district shall maintain the public
122+ roads located in the district, except that the county shall
123+ maintain the east-west arterial roadway located in the district
124+ north of the San Gabriel River and south of State Highway 29. The
125+ district's obligation to maintain the public roads located in the
126+ district ceases if all of the territory of the district is annexed
127+ by a municipality.
126128 Sec. 7935.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
127129 OR RESOLUTION. The district shall comply with all applicable
128130 requirements of any ordinance or resolution that is adopted under
129131 Section 54.016 or 54.0165, Water Code, and that consents to the
130132 creation of the district or to the inclusion of land in the
131133 district.
132134 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
133135 Sec. 7935.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
134136 district may issue, without an election, bonds and other
135137 obligations secured by:
136138 (1) revenue other than ad valorem taxes; or
137139 (2) contract payments described by Section 7935.153.
138140 (b) The district must hold an election in the manner
139141 provided by Chapters 49 and 54, Water Code, to obtain voter approval
140142 before the district may impose an ad valorem tax or issue bonds
141143 payable from ad valorem taxes.
142144 (c) The district may not issue bonds payable from ad valorem
143145 taxes to finance a road project unless the issuance is approved by a
144146 vote of a two-thirds majority of the district voters voting at an
145147 election held for that purpose.
146148 Sec. 7935.152. OPERATION AND MAINTENANCE TAX. (a) If
147149 authorized at an election held under Section 7935.151, the district
148150 may impose an operation and maintenance tax on taxable property in
149151 the district in accordance with Section 49.107, Water Code.
150152 (b) The board shall determine the tax rate. The rate may not
151153 exceed the rate approved at the election.
152154 Sec. 7935.153. CONTRACT TAXES. (a) In accordance with
153155 Section 49.108, Water Code, the district may impose a tax other than
154156 an operation and maintenance tax and use the revenue derived from
155157 the tax to make payments under a contract after the provisions of
156158 the contract have been approved by a majority of the district voters
157159 voting at an election held for that purpose.
158160 (b) A contract approved by the district voters may contain a
159161 provision stating that the contract may be modified or amended by
160162 the board without further voter approval.
161163 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
162164 Sec. 7935.201. AUTHORITY TO ISSUE BONDS AND OTHER
163165 OBLIGATIONS. The district may issue bonds or other obligations
164166 payable wholly or partly from ad valorem taxes, impact fees,
165167 revenue, contract payments, grants, or other district money, or any
166168 combination of those sources, to pay for any authorized district
167169 purpose.
168170 Sec. 7935.202. TAXES FOR BONDS. At the time the district
169171 issues bonds payable wholly or partly from ad valorem taxes, the
170172 board shall provide for the annual imposition of a continuing
171173 direct ad valorem tax, without limit as to rate or amount, while all
172174 or part of the bonds are outstanding as required and in the manner
173175 provided by Sections 54.601 and 54.602, Water Code.
174176 Sec. 7935.203. BONDS FOR ROAD PROJECTS. At the time of
175177 issuance, the total principal amount of bonds or other obligations
176178 issued or incurred to finance road projects and payable from ad
177179 valorem taxes may not exceed one-fourth of the assessed value of the
178180 real property in the district.
179181 SECTION 2. The Williamson County Municipal Utility District
180182 No. 32 initially includes all the territory contained in the
181183 following area:
182184 BEING 224.01 ACRES OF LAND OUT OF THE WILLIAM H. MONROE
183185 SURVEY, ABSTRACT NUMBER 453, AND THE HENRY GARMES SURVEY, ABSTRACT
184186 NO. 269, BOTH IN WILLIAMSON COUNTY, TEXAS, AND BEING COMPRISED OF
185187 TWO TRACTS: TRACT 1 BEING AN 85.28 ACRE REMAINDER OF AN 86.67 ACRE
186188 TRACT, AND TRACT TWO BEING A PORTION OF A 217.19 ACRE TRACT, BOTH
187189 CONVEYED TO LANCE ERIC CAUGHFIELD, TRUSTEE OF THE CAUGHFIELD FAMILY
188190 TRUST BY CORRECTION GENERAL WARRANTY DEED OF RECORD IN DOC. NO.
189191 2013046424 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
190192 TEXAS, THEREIN DESIGNATED AS "TRACT 4' AND "TRACT 6" RESPECTIVELY,
191193 AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
192194 FOLLOWS:
193195 BEGINNING at a 1/2" rebar set with plastic cap which reads
194196 "Baseline Inc" for the northwest corner of said 85.28 acre
195197 remainder of an 86.67 acre tract and being in the easterly
196198 right-of-way line of County Road 266 (R.O.W. varies)
197199 [Point of Beginning Coordinates: Northing=10,202,682.54;
198200 Easting=3,075,533.94];
199201 THENCE along the northerly line of the 85.28 acre remainder
200202 of the 86.67 acre tract and the southerly line of the 1.43 acre
201203 tract, the following five (5) courses:
202204 1. North 69°24'31" East a distance of 1604.24 feet (record -
203205 North 69°21'48" East a distance of 1605.58 feet) to a 1/2" rebar set
204206 with plastic cap which reads "Baseline Inc";
205207 2. South 11°19'39" East a distance of 269.65 feet (record -
206208 South 11°21'47" East a distance of 269.60 feet) to a 1/2" rebar set
207209 with plastic cap which reads "Baseline Inc";
208210 3. North 69°24'00" East a distance of 350.61 feet (record -
209211 North 69°21'48" East a distance of 350.66 feet) to a 1/2" rebar set
210212 with plastic cap which reads "Baseline Inc";
211213 4. North 11°18'00" West a distance of 284.73 feet (record -
212214 North 11°21'47" West a distance of 284.80 feet) to a 1/2" rebar set
213215 with plastic cap which reads "Baseline Inc";
214216 5. South 69°22'01" West a distance of 25.34 feet (record -
215217 South 69°21'26" West a distance of 25.33 feet) to a 1/2" rebar set
216218 with plastic cap which reads "Baseline Inc" in the east line of the
217219 3.16 acre tract;
218220 THENCE North 11°18'00" West (record - North 11°18'54" West),
219221 along the northerly line of the remainder of a 85.28 acre remainder
220222 of an 86.67 acre tract the east line of the 3.16 acre tract, a
221223 distance of 40.54 feet to a 1/2" rebar found for the northeast
222224 corner of the 3.16 acre tract and being in the south line of a
223225 179.402 acre tract of land conveyed to IMH Special Asset NT, 192,
224226 LLC by instrument of record in Doc. No. 2008051394 of the Official
225227 Public Records of Williamson County, Texas;
226228 Thence North 69°22'01" East (record - North 69°22'23" East),
227229 along the north line of the 85.28 acre remainder of an remainder of
228230 a 86.67 acre tract and the south line of said 179.402 acre tract, a
229231 distance of 1005.09 feet (record - 1005.27 feet) to a 1/2" rebar
230232 found for the northeast corner of the 85.28 acre remainder of an
231233 86.67 acre tract and being in the west line of a 136.97 acre tract of
232234 land conveyed to Bonnett Enterprises, Ltd by instrument of record
233235 in Doc. No. 2008035426 of the Official Public Records of Williamson
234236 County, Texas, from which a 1/2" rebar found for the northwest
235237 corner of said 136.97 acre tract and being an angle point in the
236238 south line of the 179.402 acre tract, bears North 19°30'07" West
237239 feet (record - North 21°20'35" West) a distance of 13.42 feet;
238240 THENCE South 21°21'47" East (record - South 21°20'35" East),
239241 along the easterly line of the 85.28 acre remainder of an 86.67 acre
240242 tract and the west line of the 136.97 acre tract, a distance of
241243 748.32 feet (record - 748.32 feet) to a 1/2" rebar set with plastic
242244 cap which reads "Baseline Inc";
243245 THENCE South 21°27'41" East (record - South 21°28'13" East),
244246 along the easterly line of the 85.28 acre remainder of an 86.67 acre
245247 tract, the easterly line of the 217.19 acre tract, and the west line
246248 of the 136.97 acre tract, a distance of 639.93 feet (record - 639.95
247249 feet) to a 1/2" rebar found;
248250 THENCE along the easterly line of the 217.19 acre tract and
249251 the west line of the 136.97 acre tract, the following two (2)
250252 courses:
251253 1. South 21°41'13" East a distance of 690.87 feet (record -
252254 South 21°41'53" East a distance of 690.92 feet) to a 1/2" rebar set
253255 with plastic cap which reads "Baseline Inc";
254256 2. South 21°42'40" East a distance of 244.94 feet (record -
255257 South 21°44'40" East a distance of 245.32 feet) to a 1/2" rebar found
256258 for the southwest corner of the 136.97 acre tract and the northwest
257259 corner of a remainder of a 5.00 acre tract of land conveyed to
258260 Timothy L. Gibson and Bridget Ann Gibson by deed of record in Volume
259261 2508, Page 6 of the Deed Records of Williamson County, Texas;
260262 THENCE South 21°06'46" East (record - South 21°03'11" East),
261263 along the easterly line of the 217.19 acre tract, the west line of
262264 said remainder of 5.00 acre tract, and along the west line of a
263265 3.066 acre tract of land conveyed to Mark Alexander, Bridget
264266 Gibson, and Cheryl Cervenka by instrument of record in Doc.
265267 No. 2013017775 of the Official Public Records of Williamson County,
266268 a distance of 428.37 feet (record - 428.94 feet) to a 1/2" rebar
267269 found for the southwest corner of said 3.066 acre tract and the
268270 northwest corner of a 5.00 tract of land conveyed to Mark Alexander
269271 and Joann Alexander by instrument of record in Doc. No. 199802644
270272 of the Official Records of Williamson County;
271273 THENCE South 21°33'31" East (record - South 21°34'03" East),
272274 along the easterly line of the 217.19 acre tract and the west line
273275 of said of 5.00 acre tract , a distance of 599.88 feet (record -
274276 599.79 feet) to a 1/2" rebar found for the southwest corner of said
275277 5.00 acre tract and being an angle point in the westerly line of a
276278 76.97 tract of land conveyed to Alice Catherine Alexander by deed of
277279 record in Volume 611, Page 699 of the Deed Records of Williamson
278280 County, Texas,
279281 THENCE along the easterly line of the 217.19 acre tract and
280282 the westerly line of said 76.97 acre tract, the following two (2)
281283 courses:
282284 1. South 21°54'00" East a distance of 269.26 feet (record -
283285 South 21°53'51" East a distance of 269.06 feet) to a 1/2" rebar
284286 found;
285287 2. South 22°09'33" East a distance of 62.24 feet (record -
286288 South 21°54'42" East a distance of 62.48 feet) to a 1/2" rebar found
287289 for the northwest corner of a 5.00 acre tract of land conveyed to
288290 Victor E. Landig, Jr. and Cathy Jayne Landig by instrument of record
289291 in Doc. No. 2006029147 of the Official Public. Records of
290292 Williamson County;
291293 THENCE South 22°03'28" East (record - South 22°03'22" East),
292294 along the easterly line of the 217.19 acre tract and the west line
293295 of said 5.00 acre tract, a distance of 560.54 feet (record - 560.34
294296 feet) to a 1/2" rebar found for the southwest corner of the 5.00
295297 acre tract;
296298 THENCE crossing through the 217.19 acre tract the following
297299 two (2) courses:
298300 1. South 68°51'37" West a distance of 844.71 feet to a
299301 calculated point;
300302 2. South 67°04'21" West a distance of 357.92 feet to a
301303 calculated point in the west line of the 217.19 acre tract and the
302304 easterly right-of-way line of said County Road 266;
303305 THENCE along the westerly line of the 217.19 acre tract and
304306 the easterly right-of-way line of County Road 266, the following
305307 twenty six (26) courses:
306308 1. North 29°55'12" West (record - North 29°51'30" West) a
307309 distance of 20.03 feet to a 1/2" rebar found;
308310 2. North 38°45'21" West a distance of 234.78 feet (record -
309311 North 38°45'24" West a distance of 234.82 feet) to a 1/2" rebar
310312 found;
311313 3. North 36°40'10" West a distance of 136.61 feet (record -
312314 North 36°39'51" West a distance of 136.69 feet) to a 1/2" rebar
313315 found;
314316 4. North 37°05'41" West a distance of 94.55 feet (record -
315317 North 37°05'30" West a distance of 94.46 feet) to a 1/2" rebar found;
316318 5. North 36°08'55" West a distance of 82.59 feet (record -
317319 North 36°10'02" West a distance of 82.65 feet) to a 1/2" rebar found;
318320 6. North 53°44'13" West a distance of 101.89 feet (record -
319321 North 53°43'49" West a distance of 101.84 feet) to a 1/2" rebar
320322 found;
321323 7. North 54°16'13" West a distance of 57.61 feet (record -
322324 North 54°18'48" West a distance of 57.52 feet) to a 1/2" rebar found;
323325 8. North 58°49'06" West a distance of 139.71 feet (record -
324326 North 58°49'51" West a distance of 139.71 feet) to a 1/2" rebar
325327 found;
326328 9. North 59°02'12" West a distance of 88.23 feet (record -
327329 North 59°00'12" West a distance of 88.22 feet) to a 1/2" rebar found;
328330 10. North 58°37'10" West a distance of 215.17 feet (record -
329331 North 58°37'31" West a distance of 215.26 feet) to a 1/2" rebar
330332 found;
331333 11. North 58°09'02" West a distance of 178.14 feet (record -
332334 North 58°09'15" West a distance of 178.13 feet) to a 1/2" rebar
333335 found;
334336 12. North 60°08'02" West a distance of 116.38 feet (record -
335337 North 60°08'24" West a distance of 116.32 feet) to a 60d nail found;
336338 13. North 57°27'15" West a distance of 160.15 feet (record -
337339 North 57°26'31" West a distance of 160.19 feet) to a 1/2" rebar
338340 found;
339341 14. North 57°20'46" West a distance of 51.68 feet (record -
340342 North 57°22'06" West a distance of 51.66 feet) to a 60d nail found;
341343 15. North 54°51'18" West a distance of 71.89 feet (record -
342344 North 54°46'53" West a distance of 71.95 feet) to a 1/2" rebar found;
343345 16. North 60°47'05" West a distance of 115.69 feet (record -
344346 North 60°47'07" West a distance of 115.55 feet) to a 1/2" rebar
345347 found;
346348 17. North 60°15'04" West a distance of 55.78 feet (record -
347349 North 60°37'16" West a distance of 55.96 feet) to a 60d nail found;
348350 18. North 71°12'58" West a distance of 218.95 feet (record -
349351 North 71°09'12" West a distance of 218.79 feet) to a 1/2" rebar
350352 found;
351353 19. North 63°36'05" West a distance of 22.35 feet (record -
352354 North 63°40'21" West a distance of 22.25 feet) to a 60d nail found;
353355 20. North 62°46'02" West a distance of 79.62 feet (record -
354356 North 63°40'21" West a distance of 22.25 feet) to a 60d nail found;
355357 21. North 61°47'42" West a distance of 242.11 feet (record -
356358 North 61°45'24" West a distance of 242.01 feet) to a 60d nail found;
357359 22. North 58°44'40" West a distance of 240.81 feet (record -
358360 North 58°46'48" West a distance of 240.82 feet) to a 60d nail found
359361 in a fence post;
360362 23. North 49°47'23" West a distance of 101.30 feet (record -
361363 North 49°47'33" West a distance of 101.21 feet) to a 60d nail found
362364 in a fence post;
363365 24. North 45°39'04" West a distance of 174.54 feet (record -
364366 North 45°37'29" West a distance of 174.58 feet) to a 1/2" rebar
365367 found;
366368 25. North 36°52'51" West a distance of 53.64 feet (record -
367369 North 36°54'30" West a distance of 53.63 feet) to a 60d nail found;
368370 26. North 29°06'17" West a distance of 437.83 feet (record -
369371 North 29°06'04" West a distance of 437.95 feet) to a 1/2" rebar found
370372 for the northwest corner of the 217.19 acre tract and the southwest
371373 corner of the remainder of a 86.67 acre tract;
372374 THENCE along the westerly line of the remainder of a 86.67
373375 acre tract and the easterly right-of-way line of County Road 266,
374376 the following five (5) courses:
375377 1. North 27°50'09" West a distance of 386.84 feet (record -
376378 North 27°50'48" West a distance of 386.63 feet) to a 1/2" rebar
377379 found;
378380 2. North 26°13'46" West a distance of 581.24 feet (record -
379381 North 26°12'47" West a distance of 581.36 feet) to a 1/2" rebar
380382 found;
381383 3. North 17°57'38" West a distance of 192.26 feet (record -
382384 North 17°59'19" West a distance of 192.21 feet) to a 1/2" rebar
383385 found;
384386 4. North 13°15'16" West a distance of 67.93 feet (record -
385387 North 13°20'48" West a distance of 68.02 feet) to a steel fence post;
386388 5. North 12°46'29" West (record - North 12°42'39" West) a
387389 distance of 55.69 feet to the POINT OF BEGINNING.
388390 This tract contains 224.01 acres of land, more or less, out of
389391 the William H. Monroe Survey, Abstract Number 453, and the Henry
390392 Garmes Survey, Abstract no. 269, both in Williamson County, Texas.
391393 SECTION 3. (a) The legal notice of the intention to
392394 introduce this Act, setting forth the general substance of this
393395 Act, has been published as provided by law, and the notice and a
394396 copy of this Act have been furnished to all persons, agencies,
395397 officials, or entities to which they are required to be furnished
396398 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
397399 Government Code.
398400 (b) The governor, one of the required recipients, has
399401 submitted the notice and Act to the Texas Commission on
400402 Environmental Quality.
401403 (c) The Texas Commission on Environmental Quality has filed
402404 its recommendations relating to this Act with the governor, the
403405 lieutenant governor, and the speaker of the house of
404406 representatives within the required time.
405407 (d) All requirements of the constitution and laws of this
406408 state and the rules and procedures of the legislature with respect
407409 to the notice, introduction, and passage of this Act are fulfilled
408410 and accomplished.
409411 SECTION 4. (a) If this Act does not receive a two-thirds
410412 vote of all the members elected to each house, Subchapter C, Chapter
411413 7935, Special District Local Laws Code, as added by Section 1 of
412414 this Act, is amended by adding Section 7935.106 to read as follows:
413415 Sec. 7935.106. NO EMINENT DOMAIN POWER. The district may
414416 not exercise the power of eminent domain.
415417 (b) This section is not intended to be an expression of a
416418 legislative interpretation of the requirements of Section 17(c),
417419 Article I, Texas Constitution.
418420 SECTION 5. This Act takes effect immediately if it receives
419421 a vote of two-thirds of all the members elected to each house, as
420422 provided by Section 39, Article III, Texas Constitution. If this
421423 Act does not receive the vote necessary for immediate effect, this
422424 Act takes effect September 1, 2015.
425+ ______________________________ ______________________________
426+ President of the Senate Speaker of the House
427+ I certify that H.B. No. 4179 was passed by the House on May
428+ 19, 2015, by the following vote: Yeas 146, Nays 0, 2 present, not
429+ voting.
430+ ______________________________
431+ Chief Clerk of the House
432+ I certify that H.B. No. 4179 was passed by the Senate on May
433+ 27, 2015, by the following vote: Yeas 30, Nays 1.
434+ ______________________________
435+ Secretary of the Senate
436+ APPROVED: _____________________
437+ Date
438+ _____________________
439+ Governor