Texas 2015 - 84th Regular

Texas Senate Bill SB1138 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R5616 AAF-F
2	2	By: Taylor of Galveston S.B. No. 1138
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Brazoria County Municipal Utility
7	7	District No. 68; granting a limited power of eminent domain;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, or taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8493 to read as follows:
13	13	CHAPTER 8493. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 68
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8493.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Brazoria County Municipal
21	21	Utility District No. 68.
22	22	Sec. 8493.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8493.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8493.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
30	30	The district is created to serve a public purpose and benefit.
31	31	(b) The district is created to accomplish the purposes of:
32	32	(1) a municipal utility district as provided by
33	33	general law and Section 59, Article XVI, Texas Constitution; and
34	34	(2) Section 52, Article III, Texas Constitution, that
35	35	relate to the construction, acquisition, improvement, operation,
36	36	or maintenance of macadamized, graveled, or paved roads, or
37	37	improvements, including storm drainage, in aid of those roads.
38	38	Sec. 8493.005. INITIAL DISTRICT TERRITORY. (a) The
39	39	district is initially composed of the territory described by
40	40	Section 2 of the Act enacting this chapter.
41	41	(b) The boundaries and field notes contained in Section 2 of
42	42	the Act enacting this chapter form a closure. A mistake made in the
43	43	field notes or in copying the field notes in the legislative process
44	44	does not affect the district's:
45	45	(1) organization, existence, or validity;
46	46	(2) right to issue any type of bond for the purposes
47	47	for which the district is created or to pay the principal of and
48	48	interest on a bond;
49	49	(3) right to impose a tax; or
50	50	(4) legality or operation.
51	51	Sec. 8493.006. CONSENT OF MUNICIPALITY. Municipal consent
52	52	to the creation of the district acts as municipal consent to the
53	53	creation of any new district created by the division of the district
54	54	under Section 8493.107.
55	55	SUBCHAPTER B. BOARD OF DIRECTORS
56	56	Sec. 8493.051. GOVERNING BODY; TERMS. (a) The district is
57	57	governed by a board of five elected directors.
58	58	(b) Except as provided by Section 8493.052, directors serve
59	59	staggered four-year terms.
60	60	Sec. 8493.052. TEMPORARY DIRECTORS. (a) On or after the
61	61	effective date of the Act enacting this chapter, the owner or owners
62	62	of a majority of the assessed value of the real property in the
63	63	district may submit a petition to the commission requesting that
64	64	the commission appoint as temporary directors the five persons
65	65	named in the petition. The commission shall appoint as temporary
66	66	directors the five persons named in the petition.
67	67	(b) Temporary directors serve until the earlier of:
68	68	(1) the date permanent directors are elected under
69	69	Section 8493.003; or
70	70	(2) the fourth anniversary of the effective date of
71	71	the Act enacting this chapter.
72	72	(c) If permanent directors have not been elected under
73	73	Section 8493.003 and the terms of the temporary directors have
74	74	expired, successor temporary directors shall be appointed or
75	75	reappointed as provided by Subsection (d) to serve terms that
76	76	expire on the earlier of:
77	77	(1) the date permanent directors are elected under
78	78	Section 8493.003; or
79	79	(2) the fourth anniversary of the date of the
80	80	appointment or reappointment.
81	81	(d) If Subsection (c) applies, the owner or owners of a
82	82	majority of the assessed value of the real property in the district
83	83	may submit a petition to the commission requesting that the
84	84	commission appoint as successor temporary directors the five
85	85	persons named in the petition. The commission shall appoint as
86	86	successor temporary directors the five persons named in the
87	87	petition.
88	88	SUBCHAPTER C. POWERS AND DUTIES
89	89	Sec. 8493.101. GENERAL POWERS AND DUTIES. The district has
90	90	the powers and duties necessary to accomplish the purposes for
91	91	which the district is created.
92	92	Sec. 8493.102. MUNICIPAL UTILITY DISTRICT POWERS AND
93	93	DUTIES. The district has the powers and duties provided by the
94	94	general law of this state, including Chapters 49 and 54, Water Code,
95	95	applicable to municipal utility districts created under Section 59,
96	96	Article XVI, Texas Constitution.
97	97	Sec. 8493.103. LEVEE IMPROVEMENT DISTRICT POWERS AND
98	98	DUTIES. The district has the powers and duties provided by the
99	99	general law of this state, including Chapter 57, Water Code,
100	100	applicable to levee improvement districts created under Section 59,
101	101	Article XVI, Texas Constitution.
102	102	Sec. 8493.104. AUTHORITY FOR ROAD PROJECTS. Under Section
103	103	52, Article III, Texas Constitution, the district may design,
104	104	acquire, construct, finance, issue bonds for, improve, operate,
105	105	maintain, and convey to this state, a county, or a municipality for
106	106	operation and maintenance macadamized, graveled, or paved roads, or
107	107	improvements, including storm drainage, in aid of those roads.
108	108	Sec. 8493.105. ROAD STANDARDS AND REQUIREMENTS. (a) A road
109	109	project must meet all applicable construction standards, zoning and
110	110	subdivision requirements, and regulations of each municipality in
111	111	whose corporate limits or extraterritorial jurisdiction the road
112	112	project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards,
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 8493.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
122	122	OR RESOLUTION. The district shall comply with all applicable
123	123	requirements of any ordinance or resolution that is adopted under
124	124	Section 54.016 or 54.0165, Water Code, and that consents to the
125	125	creation of the district or to the inclusion of land in the
126	126	district.
127	127	Sec. 8493.107. DIVISION OF DISTRICT. (a) The district may
128	128	be divided into two or more new districts only if:
129	129	(1) the district has no outstanding bonded debt; and
130	130	(2) the district is not imposing ad valorem taxes.
131	131	(b) This chapter applies to any new district created by the
132	132	division of the district, and a new district has all the powers and
133	133	duties of the district.
134	134	(c) Any new district created by the division of the district
135	135	may not, at the time the new district is created, contain any land
136	136	outside the area described by Section 2 of the Act creating this
137	137	chapter.
138	138	(d) The board, on its own motion or on receipt of a petition
139	139	signed by the owner or owners of a majority of the assessed value of
140	140	the real property in the district, may adopt an order dividing the
141	141	district.
142	142	(e) The board may adopt an order dividing the district
143	143	before or after the date the board holds an election under Section
144	144	8493.003 to confirm the creation of the district.
145	145	(f) An order dividing the district shall:
146	146	(1) name each new district;
147	147	(2) include the metes and bounds description of the
148	148	territory of each new district;
149	149	(3) appoint temporary directors for each new district;
150	150	and
151	151	(4) provide for the division of assets and liabilities
152	152	between or among the new districts.
153	153	(g) On or before the 30th day after the date of adoption of
154	154	an order dividing the district, the district shall file the order
155	155	with the commission and record the order in the real property
156	156	records of each county in which the district is located.
157	157	(h) Any new district created by the division of the district
158	158	shall hold a confirmation and directors' election as required by
159	159	Section 8493.003.
160	160	(i) If the creation of the new district is confirmed, the
161	161	new district shall provide the election date and results to the
162	162	commission.
163	163	(j) Any new district created by the division of the district
164	164	must hold an election as required by this chapter to obtain voter
165	165	approval before the district may impose a maintenance tax or issue
166	166	bonds payable wholly or partly from ad valorem taxes.
167	167	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
168	168	Sec. 8493.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
169	169	district may issue, without an election, bonds and other
170	170	obligations secured by:
171	171	(1) revenue other than ad valorem taxes; or
172	172	(2) contract payments described by Section 8493.153.
173	173	(b) The district must hold an election in the manner
174	174	provided by Chapters 49 and 54, Water Code, to obtain voter approval
175	175	before the district may impose an ad valorem tax or issue bonds
176	176	payable from ad valorem taxes.
177	177	(c) The district may not issue bonds payable from ad valorem
178	178	taxes to finance a road project unless the issuance is approved by a
179	179	vote of a two-thirds majority of the district voters voting at an
180	180	election held for that purpose.
181	181	Sec. 8493.152. OPERATION AND MAINTENANCE TAX. (a) If
182	182	authorized at an election held under Section 8493.151, the district
183	183	may impose an operation and maintenance tax on taxable property in
184	184	the district in accordance with Section 49.107, Water Code.
185	185	(b) The board shall determine the tax rate. The rate may not
186	186	exceed the rate approved at the election.
187	187	Sec. 8493.153. CONTRACT TAXES. (a) In accordance with
188	188	Section 49.108, Water Code, the district may impose a tax other than
189	189	an operation and maintenance tax and use the revenue derived from
190	190	the tax to make payments under a contract after the provisions of
191	191	the contract have been approved by a majority of the district voters
192	192	voting at an election held for that purpose.
193	193	(b) A contract approved by the district voters may contain a
194	194	provision stating that the contract may be modified or amended by
195	195	the board without further voter approval.
196	196	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
197	197	Sec. 8493.201. AUTHORITY TO ISSUE BONDS AND OTHER
198	198	OBLIGATIONS. The district may issue bonds or other obligations
199	199	payable wholly or partly from ad valorem taxes, impact fees,
200	200	revenue, contract payments, grants, or other district money, or any
201	201	combination of those sources, to pay for any authorized district
202	202	purpose.
203	203	Sec. 8493.202. TAXES FOR BONDS. At the time the district
204	204	issues bonds payable wholly or partly from ad valorem taxes, the
205	205	board shall provide for the annual imposition of a continuing
206	206	direct ad valorem tax, without limit as to rate or amount, while all
207	207	or part of the bonds are outstanding as required and in the manner
208	208	provided by Sections 54.601 and 54.602, Water Code.
209	209	Sec. 8493.203. BONDS FOR ROAD PROJECTS. At the time of
210	210	issuance, the total principal amount of bonds or other obligations
211	211	issued or incurred to finance road projects and payable from ad
212	212	valorem taxes may not exceed one-fourth of the assessed value of the
213	213	real property in the district.
214	214	SECTION 2. The Brazoria County Municipal Utility District
215	215	No. 68 initially includes all the territory contained in the
216	216	following area:
217	217	5,440.64 acres of land, more or less, being part of the Sam T.
218	218	Angier Survey, Abstract 7, part of the L.P. Ehrmann Survey No. 24,
219	219	Abstract 521, all of the H.T. & B.R.R. Co. Survey No. 23, Abstract
220	220	248, all of the L.P. Ehrmann Survey No. 22, Abstract 519, all of the
221	221	H.T. & B.R.R. Co. Survey No. 25, Abstract 277, part of the L.P.
222	222	Ehrmann Survey No. 18, Abstract 520, part of the Day Land and Cattle
223	223	Company Survey, Abstract 602, part of the Hooper and Wade Survey
224	224	No. 11, Abstract 433, part of the H.T. & B.R.R. Co. Survey No. 21,
225	225	Abstract 247, part of the L.P. Ehrmann Survey No. 26, Abstract 522,
226	226	part of the L.P. Ehrmann Survey No. 28, Abstract 523, all of the
227	227	L.P. Ehrmann Survey No. 30, Abstract 524 and part of the James L.
228	228	Holmes Hrs. Survey, Abstract 610, all being in Brazoria County,
229	229	Texas and being that portion of J.T. Garrett Ranch within the
230	230	aforesaid surveys lying Northwest of Austin Bayou and West of State
231	231	Highway No. 35, and being more particularly described as follows:
232	232	Beginning at an old 1-1/4 inch iron pipe set at the most west
233	233	corner of the Sam T. Angier Survey No. 7, said iron pipe having a
234	234	car axle driven inside;
235	235	THENCE N 62° 33' 40" E along the Northwest line of said Angier
236	236	Survey a distance of 6121.62 feet to a point for corner in drain
237	237	ditch from which an axle bears N 62° 33' 40" E a distance of 60.0
238	238	feet:
239	239	THENCE S 64° 32' 36" E along the southerly line of a tract
240	240	deeded to W.L. Russell a distance of 6976.69 feet to the most south
241	241	corner of said Russell tract in the southeast line of the aforesaid
242	242	S.T. Angier Survey;
243	243	THENCE N 62° 33' 40" E along the southeast line of said survey
244	244	a distance of 102.99 feet to the most westerly corner of a 43.54
245	245	acre tract heretofore deeded to Noel Adams and now owned by Van
246	246	Adams, set axle for corner;
247	247	THENCE S 66° 10' 21" E along the southerly line of said tract a
248	248	distance of 2779.15 feet to the most easterly corner of said Adams
249	249	tract in the southwest line of the Day Land and Cattle Company
250	250	Survey, Abstract 603 which is marked with a car axle;
251	251	THENCE S 27° 08' 49" E along the southwest line of said Day
252	252	Land and Cattle Company Survey a distance of 5363.78 feet to a car
253	253	axle set for the most easterly corner of the H.T. & B.R.R. Company
254	254	Survey No. 23 and the most northerly corner of the H.T. & B.R.R. Co.
255	255	Survey No. 17;
256	256	THENCE S 62° 43' 15" W along the common line between the
257	257	aforesaid surveys 17 and 23 a distance of 5632.99 feet to a car axle
258	258	at fence corner being the most southerly corner of the H.T. & B.R.R.
259	259	Co. Survey No. 23 and the most north corner of the L.P. Ehrmann
260	260	Survey No. 18;
261	261	THENCE S 27° 19' 28" E along the common line as fenced between
262	262	the H.T. & B.R.R. Co. Survey No. 17 and the L.P. Ehrmann Survey
263	263	No. 18 a distance of 4619.62 feet to a car axle set at fence corner
264	264	on the west right-of-way of State Highway No. 35;
265	265	THENCE S 40° 09' 49" W along the westerly right-of-way of
266	266	State Highway No. 35 a distance of 1789.41 feet to a concrete
267	267	right-of-way marker;
268	268	THENCE S 51° 32' 34" W -- 204.15 feet to another concrete
269	269	right-of-way marker;
270	270	THENCE S 40° 09' 49" W continuing along said westerly
271	271	right-of-way of State Highway No. 35 a distance of 1481.05 feet to
272	272	the center of Austin Bayou;
273	273	THENCE up the center of Austin Bayou with its meanders as
274	274	follows:
275	275	N 79° 14' 57" W -- 168.5 feet;
276	276	N 51° 24' 10" W - 117.01 feet;
277	277	N 71° 47' 57" W - 232.15 feet;
278	278	N 73° 22' 38" W - 129.08 feet;
279	279	N 70° 08' 27" W - 171.36 feet;
280	280	N 82° 32' 24" W - 164.92 feet;
281	281	N 70° 47' 37" W - 87.93 feet;
282	282	N 57° 19' 47" W - 137.37 feet;
283	283	N 40° 24' 28" W - 113.95 feet;
284	284	N 22° 42' 37" W - 69.26 feet;
285	285	N 11° 18' 45" W - 71.45 feet;
286	286	N 09° 27' 22" W - 104.10 feet;
287	287	N 01° 01' 10" E - 122.61 feet;
288	288	N 12° 53' 51" E - 94.0 feet;
289	289	N 18° 34' 45" E - 169.66 feet;
290	290	N 03° 04' 06" W - 73.07 feet;
291	291	N 39° 01' 42" W - 136.73 feet;
292	292	N 47° 19' 35" W - 218.02 feet;
293	293	N 31° 09' 43" W - 84.54 feet;
294	294	N 60° 53' 25" W - 287.43 feet;
295	295	N 75° 04' 25" W - 94.22 feet;
296	296	S 89° 03' 59" W - 198.33 feet;
297	297	S 75° 49' 14" W - 261.70 feet;
298	298	N 79° 00' 01" W - 52.65 feet;
299	299	N 59° 17' 22" W - 153.58 feet;
300	300	N 56° 12' 52" W - 275.24 feet;
301	301	N 66° 00' 15" W - 102.50 feet;
302	302	N 79° 08' 49" W - 244.77 feet;
303	303	N 53° 33' 45" W - 181.58 feet;
304	304	N 35° 25' 48" W - 129.04 feet;
305	305	N 60° 58' 32" W - 172.12 feet;
306	306	N 77° 39' 46" W - 108.25 feet;
307	307	N 83° 02' 29" W - 240.12 feet;
308	308	S 75° 46' 26" W - 140.24 feet to southwest line of the L.P.
309	309	Ehrmann Survey, Abstract 520, Brazoria County, Texas;
310	310	THENCE N 27° 20' 21" W - along said line as fenced a distance
311	311	of 3657.42 feet to a concrete monument at the most easterly corner
312	312	of the H.T. & B.R.R. Co. Survey, Abstract 247;
313	313	THENCE S 63° 18' 12" W along the southeast line of said survey
314	314	a distance of 968.16 feet to the center line of Austin Bayou from
315	315	which a concrete monument bears S 63° 18' 12" W - 46.0 feet;
316	316	THENCE up the center of Austin Bayou with its meanders as
317	317	follows:
318	318	N 51° 24' 06 W - 296.62 feet;
319	319	N 36° 08' 10" W - 122.46 feet;
320	320	N 65° 38' 02" W - 392.73 feet;
321	321	N 57° 55' 04" W - 294.12 feet;
322	322	N 46° 38' 08" W - 370.63 feet;
323	323	N 73° 42' 00" W - 60.0 feet;
324	324	S 67° 34' 11" W - 136.46 feet;
325	325	S 55° 57' 04" W - 235.66 feet;
326	326	S 70° 05' 11" W - 209.43 feet;
327	327	S 81° 55' 54" W - 216.80 feet;
328	328	S 66° 18' 43" W - 157.22 feet;
329	329	S 81° 55' 53" W - 175.68 feet;
330	330	S 70° 10' 43" W - 151.80 feet;
331	331	S 25° 06' 10" W - 154.03 feet;
332	332	S 72° 14' 24" W -- 37.74 feet;
333	333	S 83° 03' 41" W - 112.63 feet;
334	334	N 71° 56' 24" W - 161.70 feet;
335	335	N 60° 47' 02" W - 211.74 feet;
336	336	N 69° 23' 17" W - 129.00 feet;
337	337	N 89° 41' 37" W - 227.82 feet;
338	338	N 84° 36' 43" W - 354.10 feet;
339	339	N 78° 50' 02" W - 292.98 feet;
340	340	N 74° 29' 13" W - 277.22 feet;
341	341	N 74° 03' 54" W - 143.21 feet;
342	342	N 75° 10' 12" W - 181.07 feet;
343	343	S 87° 16' 28" W - 48.17 feet;
344	344	S 74° 19' 15" W - 139.72 feet;
345	345	N 81° 51' 33" W - 61.10 feet;
346	346	S 57° 23' 06" W - 44.60 feet;
347	347	N 73° 27' 38" W - 109.43 feet;
348	348	N 59° 03' 47" W - 263.95 feet;
349	349	N 50° 22' 21" W - 444.58 feet;
350	350	N 18° 10' 11" W - 180.20 feet;
351	351	N 07° 52' 01" W - 384.09 feet;
352	352	N 44° 23' 52" W - 153.52 feet;
353	353	N 07° 28' 28" W - 79.16 feet;
354	354	N 47° 12' 34" W - 205.70 feet;
355	355	N 19° 29' 47" W - 45.45 feet;
356	356	N 16° 36'' 47" E - 82.93 feet;
357	357	N 34° 32' 15" E - 157.31 feet;
358	358	N 01° 25' 49" W - 114.98 feet;
359	359	N 26° 57' 48" W - 175.49 feet;
360	360	N 13° 59' 54" W - 151.76 feet;
361	361	N 44° 39' 30" W - 76.95 feet;
362	362	N 37° 35' 48" W - 127.01 feet;
363	363	N 46° 20' 40" W - 48.51 feet;
364	364	N 55° 13' 20" W - 172.71 feet;
365	365	N 37° 24' 30" W - 126.42 feet;
366	366	N 30° 40' 23" W - 192.28 feet;
367	367	N 32° 47' 56" W - 59.29 feet;
368	368	N 82° 41' 23" W - 75.16 feet;
369	369	S 65° 32' 41" W - 70.58 feet;
370	370	N 70° 32' 46" W - 112.72 feet;
371	371	N 54° 38' 40" W - 117.70 feet;
372	372	N 50° 12' 34" W - 161.52 feet;
373	373	N 39° 04' 58" W - 184.65 feet;
374	374	N 62° 58' 54" W - 176.63 feet;
375	375	N 51° 56' 23" W - 225.85 feet;
376	376	N 55° 47' 02" W - 124.45 feet;
377	377	N 31° 10' 26" W - 83.56 feet;
378	378	N 76° 15' 34" W - 71.67 feet;
379	379	S 87° 24' 50" W - 148.50 feet;
380	380	S 89° 00' 30" W - 150.93 feet;
381	381	N 77° 00' 57" W - 210.11 feet;
382	382	N 67° 15' 00" W - 70.72 feet;
383	383	N 57° 46' 42" W - 210.31 feet;
384	384	N 45° 55' 40" W - 215.15 feet;
385	385	N 53° 36' 55" W - 126.07 feet;
386	386	N 76° 14' 02" W - 78.50 feet;
387	387	S 83° 31' 45" W - 105.45 feet;
388	388	S 73° 54' 27" W - 231.36" feet to the east line of the H.T. &
389	389	B.R.R. Co. Survey No. 27, Abstract 249;
390	390	THENCE N 00° 05' 00" E along said line at 40.0 feet set car
391	391	axle for reference corner and continue for a total distance of
392	392	878.47 feet to a concrete monument set for the most north corner of
393	393	said survey and being an interior corner of L.P. Ehrmann Survey
394	394	No. 28, Abstract 523, Brazoria County, Texas;
395	395	THENCE S 88° 39' 26" W along the north line of said survey
396	396	No. 27 as fenced a distance of 2631.36 feet to a concrete monument
397	397	for northwest corner of said survey and being the lower southwest
398	398	corner of the L.P. Ehrmann Survey No. 30;
399	399	THENCE N 00° 21' 18" W along the east line of the S.F. Austin
400	400	Survey, Abstract 24 as fenced a distance of 853.96 feet to a car
401	401	axle set at fence corner for the northeast corner of said S.F.
402	402	Austin Survey and being an interior corner of the L.P. Ehrmann
403	403	Survey No. 30;
404	404	THENCE S 89° 50' 43" W along the north line of said Austin
405	405	Survey and the south line of said survey No. 30 a distance of 2737.7
406	406	feet to an axle set by old cross tie on old fence line for the
407	407	recognized southwest corner of the L.P. Ehrmann Survey No. 30;
408	408	THENCE N 00° 01' 45" W along the west line of said survey
409	409	No. 30 a distance of 4531.01 feet to a car axle set by old cross tie
410	410	for the northwest corner of said survey No. 30;
411	411	THENCE S 89° 37' 09" E along the north line of said Survey
412	412	No. 30 at 2786.26 feet pass an old iron pipe set for the southeast
413	413	corner of the H.T. & B.R.R. Co. Survey No. 31 and continue for a
414	414	total distance of 5003.04 feet to a car axle set for the most west
415	415	corner of the James L. Holmes Hrs. Survey, Abstract 610 which is
416	416	also the northeast corner of the L.P. Ehrmann Survey No. 28;
417	417	THENCE S 87° 04' 59" E - 4088.56 feet to the PLACE OF BEGINNING
418	418	and containing 5440.64 acres of land, more or less.
419	419	SECTION 3. (a) The legal notice of the intention to
420	420	introduce this Act, setting forth the general substance of this
421	421	Act, has been published as provided by law, and the notice and a
422	422	copy of this Act have been furnished to all persons, agencies,
423	423	officials, or entities to which they are required to be furnished
424	424	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
425	425	Government Code.
426	426	(b) The governor, one of the required recipients, has
427	427	submitted the notice and Act to the Texas Commission on
428	428	Environmental Quality.
429	429	(c) The Texas Commission on Environmental Quality has filed
430	430	its recommendations relating to this Act with the governor, the
431	431	lieutenant governor, and the speaker of the house of
432	432	representatives within the required time.
433	433	(d) All requirements of the constitution and laws of this
434	434	state and the rules and procedures of the legislature with respect
435	435	to the notice, introduction, and passage of this Act are fulfilled
436	436	and accomplished.
437	437	SECTION 4. (a) If this Act does not receive a two-thirds
438	438	vote of all the members elected to each house, Subchapter C, Chapter
439	439	8493, Special District Local Laws Code, as added by Section 1 of
440	440	this Act, is amended by adding Section 8493.108 to read as follows:
441	441	Sec. 8493.108. NO EMINENT DOMAIN POWER. The district may
442	442	not exercise the power of eminent domain.
443	443	(b) This section is not intended to be an expression of a
444	444	legislative interpretation of the requirements of Section 17(c),
445	445	Article I, Texas Constitution.
446	446	SECTION 5. This Act takes effect immediately if it receives
447	447	a vote of two-thirds of all the members elected to each house, as
448	448	provided by Section 39, Article III, Texas Constitution. If this
449	449	Act does not receive the vote necessary for immediate effect, this
450	450	Act takes effect September 1, 2015.