Texas 2017 - 85th Regular

Texas House Bill HB1962 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Thompson of Brazoria H.B. No. 1962
2		-	(Senate Sponsor - Taylor of Galveston)
3		-	(In the Senate - Received from the House May 1, 2017;
4		-	May 2, 2017, read first time and referred to Committee on
5		-	Administration; May 2, 2017, reported favorably by the following
6		-	vote: Yeas 6, Nays 0; May 2, 2017, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 1962
8	2
9	3
10		-	A BILL TO BE ENTITLED
11		-	AN ACT
12	4		relating to the creation of the Brazoria County Municipal Utility
13	5		District No. 69; granting a limited power of eminent domain;
14	6		providing authority to issue bonds; providing authority to impose
15	7		assessments, fees, and taxes.
16	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	9		SECTION 1. Subtitle F, Title 6, Special District Local Laws
18	10		Code, is amended by adding Chapter 7970 to read as follows:
19	11		CHAPTER 7970. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 69
20	12		SUBCHAPTER A. GENERAL PROVISIONS
21	13		Sec. 7970.001. DEFINITIONS. In this chapter:
22	14		(1) "Board" means the district's board of directors.
23	15		(2) "Commission" means the Texas Commission on
24	16		Environmental Quality.
25	17		(3) "Director" means a board member.
26	18		(4) "District" means the Brazoria County Municipal
27	19		Utility District No. 69.
28	20		Sec. 7970.002. NATURE OF DISTRICT. The district is a
29	21		municipal utility district created under Section 59, Article XVI,
30	22		Texas Constitution.
31	23		Sec. 7970.003. CONFIRMATION AND DIRECTORS' ELECTION
32	24		REQUIRED. The temporary directors shall hold an election to
33	25		confirm the creation of the district and to elect five permanent
34	26		directors as provided by Section 49.102, Water Code.
35	27		Sec. 7970.004. CONSENT OF MUNICIPALITY REQUIRED. The
36	28		temporary directors may not hold an election under Section 7970.003
37	29		until each municipality in whose corporate limits or
38	30		extraterritorial jurisdiction the district is located has
39	31		consented by ordinance or resolution to the creation of the
40	32		district and to the inclusion of land in the district.
41	33		Sec. 7970.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
42	34		The district is created to serve a public purpose and benefit.
43	35		(b) The district is created to accomplish the purposes of:
44	36		(1) a municipal utility district as provided by
45	37		general law and Section 59, Article XVI, Texas Constitution; and
46	38		(2) Section 52, Article III, Texas Constitution, that
47	39		relate to the construction, acquisition, improvement, operation,
48	40		or maintenance of macadamized, graveled, or paved roads, or
49	41		improvements, including storm drainage, in aid of those roads.
50	42		Sec. 7970.006. INITIAL DISTRICT TERRITORY. (a) The
51	43		district is initially composed of the territory described by
52	44		Section 2 of the Act enacting this chapter.
53	45		(b) The boundaries and field notes contained in Section 2 of
54	46		the Act enacting this chapter form a closure. A mistake made in the
55	47		field notes or in copying the field notes in the legislative process
56	48		does not affect the district's:
57	49		(1) organization, existence, or validity;
58	50		(2) right to issue any type of bond for the purposes
59	51		for which the district is created or to pay the principal of and
60	52		interest on a bond;
61	53		(3) right to impose a tax; or
62	54		(4) legality or operation.
63	55		SUBCHAPTER B. BOARD OF DIRECTORS
64	56		Sec. 7970.051. GOVERNING BODY; TERMS. (a) The district is
65	57		governed by a board of five elected directors.
66	58		(b) Except as provided by Section 7970.052, directors serve
67	59		staggered four-year terms.
68	60		Sec. 7970.052. TEMPORARY DIRECTORS. (a) On or after the
69	61		effective date of the Act enacting this chapter, the owner or owners
70	62		of a majority of the assessed value of the real property in the
71	63		district may submit a petition to the commission requesting that
72	64		the commission appoint as temporary directors the five persons
73	65		named in the petition. The commission shall appoint as temporary
74	66		directors the five persons named in the petition.
75	67		(b) Temporary directors serve until the earlier of:
76	68		(1) the date permanent directors are elected under
77	69		Section 7970.003; or
78	70		(2) the fourth anniversary of the effective date of
79	71		the Act enacting this chapter.
80	72		(c) If permanent directors have not been elected under
81	73		Section 7970.003 and the terms of the temporary directors have
82	74		expired, successor temporary directors shall be appointed or
83	75		reappointed as provided by Subsection (d) to serve terms that
84	76		expire on the earlier of:
85	77		(1) the date permanent directors are elected under
86	78		Section 7970.003; or
87	79		(2) the fourth anniversary of the date of the
88	80		appointment or reappointment.
89	81		(d) If Subsection (c) applies, the owner or owners of a
90	82		majority of the assessed value of the real property in the district
91	83		may submit a petition to the commission requesting that the
92	84		commission appoint as successor temporary directors the five
93	85		persons named in the petition. The commission shall appoint as
94	86		successor temporary directors the five persons named in the
95	87		petition.
96	88		SUBCHAPTER C. POWERS AND DUTIES
97	89		Sec. 7970.101. GENERAL POWERS AND DUTIES. The district has
98	90		the powers and duties necessary to accomplish the purposes for
99	91		which the district is created.
100	92		Sec. 7970.102. MUNICIPAL UTILITY DISTRICT POWERS AND
101	93		DUTIES. The district has the powers and duties provided by the
102	94		general law of this state, including Chapters 49 and 54, Water Code,
103	95		applicable to municipal utility districts created under Section 59,
104	96		Article XVI, Texas Constitution.
105	97		Sec. 7970.103. AUTHORITY FOR ROAD PROJECTS. Under Section
106	98		52, Article III, Texas Constitution, the district may design,
107	99		acquire, construct, finance, issue bonds for, improve, operate,
108	100		maintain, and convey to this state, a county, or a municipality for
109	101		operation and maintenance macadamized, graveled, or paved roads, or
110	102		improvements, including storm drainage, in aid of those roads.
111	103		Sec. 7970.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
112	104		project must meet all applicable construction standards, zoning and
113	105		subdivision requirements, and regulations of each municipality in
114	106		whose corporate limits or extraterritorial jurisdiction the road
115	107		project is located.
116	108		(b) If a road project is not located in the corporate limits
117	109		or extraterritorial jurisdiction of a municipality, the road
118	110		project must meet all applicable construction standards,
119	111		subdivision requirements, and regulations of each county in which
120	112		the road project is located.
121	113		(c) If the state will maintain and operate the road, the
122	114		Texas Transportation Commission must approve the plans and
123	115		specifications of the road project.
124	116		Sec. 7970.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
125	117		OR RESOLUTION. The district shall comply with all applicable
126	118		requirements of any ordinance or resolution that is adopted under
127	119		Section 54.016 or 54.0165, Water Code, and that consents to the
128	120		creation of the district or to the inclusion of land in the
129	121		district.
130	122		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
131	123		Sec. 7970.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
132	124		district may issue, without an election, bonds and other
133	125		obligations secured by:
134	126		(1) revenue other than ad valorem taxes; or
135	127		(2) contract payments described by Section 7970.153.
136	128		(b) The district must hold an election in the manner
137	129		provided by Chapters 49 and 54, Water Code, to obtain voter approval
138	130		before the district may impose an ad valorem tax or issue bonds
139	131		payable from ad valorem taxes.
140	132		(c) The district may not issue bonds payable from ad valorem
141	133		taxes to finance a road project unless the issuance is approved by a
142	134		vote of a two-thirds majority of the district voters voting at an
143	135		election held for that purpose.
144	136		Sec. 7970.152. OPERATION AND MAINTENANCE TAX. (a) If
145	137		authorized at an election held under Section 7970.151, the district
146	138		may impose an operation and maintenance tax on taxable property in
147	139		the district in accordance with Section 49.107, Water Code.
148	140		(b) The board shall determine the tax rate. The rate may not
149	141		exceed the rate approved at the election.
150	142		Sec. 7970.153. CONTRACT TAXES. (a) In accordance with
151	143		Section 49.108, Water Code, the district may impose a tax other than
152	144		an operation and maintenance tax and use the revenue derived from
153	145		the tax to make payments under a contract after the provisions of
154	146		the contract have been approved by a majority of the district voters
155	147		voting at an election held for that purpose.
156	148		(b) A contract approved by the district voters may contain a
157	149		provision stating that the contract may be modified or amended by
158	150		the board without further voter approval.
159	151		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
160	152		Sec. 7970.201. AUTHORITY TO ISSUE BONDS AND OTHER
161	153		OBLIGATIONS. The district may issue bonds or other obligations
162	154		payable wholly or partly from ad valorem taxes, impact fees,
163	155		revenue, contract payments, grants, or other district money, or any
164	156		combination of those sources, to pay for any authorized district
165	157		purpose.
166	158		Sec. 7970.202. TAXES FOR BONDS. At the time the district
167	159		issues bonds payable wholly or partly from ad valorem taxes, the
168	160		board shall provide for the annual imposition of a continuing
169	161		direct ad valorem tax, without limit as to rate or amount, while all
170	162		or part of the bonds are outstanding as required and in the manner
171	163		provided by Sections 54.601 and 54.602, Water Code.
172	164		Sec. 7970.203. BONDS FOR ROAD PROJECTS. At the time of
173	165		issuance, the total principal amount of bonds or other obligations
174	166		issued or incurred to finance road projects and payable from ad
175	167		valorem taxes may not exceed one-fourth of the assessed value of the
176	168		real property in the district.
177	169		SECTION 2. The Brazoria County Municipal Utility District
178	170		No. 69 initially includes all the territory contained in the
179	171		following area:
180	172		TRACT ONE
181	173		Being a tract of land containing 158.478 acres (6,903,334
182	174		square feet), located within the C.W. Groos Survey, Abstract-525 in
183	175		Brazoria County, Texas; Said 158.478 acre tract being a portion of a
184	176		called 160 acre tract recorded in the name of Richard Rogers in
185	177		Volume 103, Page 371 of the Brazoria County Deed Records (B.C.D.R.)
186	178		and all of a called 13.655 acre tract recorded in the name of H.L.&
187	179		P. Co. in Volume 1149, Page 240 of the B.C.D.R.; Said 158.478 acre
188	180		tract being more particularly described by metes and bounds as
189	181		follows (Bearings are based on the Texas Coordinate System of 1983,
190	182		South Central Zone per GPS observations):
191	183		Beginning at a 5/8-inch iron rod found at the southwest
192	184		corner of a called 40.0000 acre tract of land recorded in the name
193	185		of Prabhakar Rao Draksharam in Brazoria County Clerk's File Number
194	186		(B.C.C.F. No.) 2007030107, same being on the north line of a called
195	187		151.44 acre tract recorded in the name of C.W. Way in Volume 272,
196	188		Page 103 of the B.C.D.R., for the southeast corner of said 160 acre
197	189		tract and the herein described tract, said iron rod being on the
198	190		Right-Of-Way (R.O.W.) line of County Road 128 (30 foot easement
199	191		reserved along the north line in Volume 124, Page 477 of the
200	192		B.C.D.R., no easement reserved along the south line of said 160 acre
201	193		tract found);
202	194		Thence, with the north line of said 151.44 acre tract and the
203	195		south line of said 160 acre tract and said 13.655 acre tract, South
204	196		87 degrees 19 minutes 22 seconds West, a distance of 2634.42 feet to
205	197		a 5/8-inch iron rod with a Miller Survey Group (MSG) cap set at an
206	198		angle point in said 151.44 acre tract, for the southwest corner of
207	199		said 160 acre tract and the herein described tract;
208	200		Thence, with the upper east line of said 151.44 acre tract,
209	201		the east line of a called 138.83 acre tract of land recorded in the
210	202		name of Margurite Massey Smith Charitable Remainder Trust, U.A. in
211	203		B.C.C.F. No. 2010013347, same being the west line of said 160 acre
212	204		tract, North 02 degrees 36 minutes 15 seconds West, at a distance of
213	205		1389.29 feet pass a 5/8-inch iron rod found at the southeast corner
214	206		of said 138.83 acre tract, same being the upper northeast corner of
215	207		said 151.44 acre tract, and continue in all a total distance of
216	208		2634.99 feet to a 5/8-inch iron rod with a MSG cap set for the
217	209		northwest corner of said 160 acre tract and the herein described
218	210		tract;
219	211		Thence, with the north line of said 160 acre tract, said
220	212		13.655 acre tract and the south line of a called 80 acre tract
221	213		recorded in the name of Georgeanne and William Reeves in B.C.C.F.
222	214		No. 99026030, the south line of a called 247.91 acre tract recorded
223	215		in the name of RMJ Miller Real Estate Holdings, Ltd. in B.C.C.F.
224	216		No. 2002020349, and the south lines of a called 0.8902 acre tract of
225	217		land recorded in the name of the City of Pearland in B.C.C.F.
226	218		No. 2009045975, the following three (3) courses:
227	219		1. North 87 degrees 17 minutes 52 seconds East, at a
228	220		distance of 12.2 feet pass a railroad rail in concrete found at the
229	221		called southwest corner of said 80 acre tract, from which a found
230	222		1-inch iron pipe bears South 76 degrees 10 minutes East, a distance
231	223		of 30.8 feet, and at a distance of 1320.06 feet pass a 3/4-inch iron
232	224		pipe found at the southeast corner of said 80 acre tract and
233	225		continue in all a total distance of 2227.43 feet to a 5/8-inch iron
234	226		rod with a MSG cap set at the northwest corner of said 0.8902 acre
235	227		tract, for the westerly northeast corner of the herein described
236	228		tract;
237	229		2. South 51 degrees 39 minutes 45 seconds East, a
238	230		distance of 165.85 feet to a 5/8-inch iron rod with a CL Davis cap
239	231		found at the southwest corner of said 0.8902 acre tract, for an
240	232		angle point in the north line of the herein described tract;
241	233		3. North 87 degrees 18 minutes 49 seconds East, a
242	234		distance of 279.87 feet to a 5/8-inch iron rod with a CL Davis cap
243	235		found the southeast corner of said 0.8902 acre tract, same being on
244	236		the lower west line of said 247.91 acre tract, and being on the east
245	237		line of said 160 acre tract, for the easterly northeast corner of
246	238		the herein described tract;
247	239		Thence, with the lower west line of said 247.91 acre tract,
248	240		the west line of said 40.0000 acre tract and the east line of said
249	241		160 acre tract; South 02 degrees 38 minutes 46 seconds East, at a
250	242		distance of 1207.41 feet pass a concrete monument found at a
251	243		southwest corner of said 247.91 acre tract, same being the
252	244		northwest corner of said 40.0000 acre tract, and continue in all a
253	245		total distance of 2527.16 feet to the Point of Beginning and
254	246		containing 158.478 acres of land.
255	247		TRACT TWO
256	248		Being a tract of land containing 212.174 acres (9,242,293
257	249		square feet), located within the H. Stevens Survey, Abstract-593 in
258	250		Brazoria County, Texas; Said 212.174 acre tract being a portion of a
259	251		called 138.83 acre tract recorded in the name of Margurite Massey
260	252		Smith Charitable Remainder Trust U.A. in Brazoria County Clerk's
261	253		File Number (B.C.C.F. No.) 2010013347, all of a called 5.00 acre
262	254		tract of land recorded in the name of William Stephen Summers and
263	255		wife, Lois Winifrede Smith Summers in Volume (V.) 1318, Page 9 (P.)
264	256		700 of the Brazoria County Deed Records (B.C.D.R.), all of a called
265	257		5.00 acre tract of land recorded in the name of Lois Winifrede
266	258		Summers in V. 1775, P. 250 of the B.C.D.R., a portion of a called
267	259		5.00 acre tract of land recorded in the name of Lois Winifrede
268	260		Summers in V. 1775, P. 248 of the B.C.D.R., all of a called 10.55
269	261		acre tract of land recorded in the name of Lois Smith Summers in
270	262		B.C.C.F. No. 2013052681, a portion of a called 4.45 acre tract of
271	263		land recorded in the name of Lois Smith Summers in B.C.C.F.
272	264		No. 2013052682, and all of a called 45.00 acre tract of land
273	265		recorded in the name of Lois Smith Summers in B.C.C.F.
274	266		No. 2013052682; Said 212.174 acre tract being more particularly
275	267		described by metes and bounds as follows (Bearings are based on the
276	268		Texas Coordinate System of 1983, South Central Zone per GPS
277	269		observations):
278	270		Beginning at a 1-inch ion pipe found at the northwest corner
279	271		of a called 151.44 acre tract recorded in the name of C.W. Way in
280	272		Volume 272, Page 103 of the Brazoria County Deed Records, same being
281	273		on the east line of a Lot 44 of the Allison-Richey Gulf Coast Home
282	274		Co. Part of Suburban Gardens, a subdivision plat of record in Volume
283	275		2, Page 89 of the Brazoria County Plat Records (B.C.P.R.), said Lot
284	276		44, recorded in the name of Plains Exploration & Production
285	277		Company, L.P. in B.C.C.F. No. 02-033007, for the southwest corner
286	278		of said 138.83 acre tract and the herein described tract;
287	279		Thence, with the east line of Lots 44 thru 42 all recorded in
288	280		said B.C.C.F. No. 02-03307, the east line of Lots 41 and 40 being
289	281		recorded in the name of Jimmy Brown in B.C.C.F. No. 1998020191, the
290	282		east line of Lot 39 recorded in said B.C.C.F. No. 02-033007, the
291	283		east line of Lot 38 recorded in the name of Danny O. Waldon in
292	284		B.C.C.F. No. 96-0254867, the east line of Lot 37 recorded in the
293	285		name of International Victory Christian Church in B.C.C.F.
294	286		No. 2015007219, same being the west line of said 138.83 acre tract,
295	287		North 02 degrees 36 minutes 15 seconds West, at a distance of
296	288		2905.73 feet pass a found railroad spike at the northeast corner of
297	289		said Lot 39, and at a distance of 3862.37 feet pass a 5/8-inch iron
298	290		rod with a Miller Survey Group (MSG) cap set on the occupied south
299	291		Right-Of-Way (R.O.W.) line of McKeever Road (County Road 100 width
300	292		varies, monumented at 62.7 feet, north 20 feet per Volume 2, Page
301	293		89, B.C.P.R.), and continue in all a total distance of 3897.23 feet
302	294		to a "P-K" nail set in asphalt pavement for the northwest corner of
303	295		said 138.83 acre tract and the herein described tract;
304	296		Thence, with the north line of said 138.83 acre tract, said
305	297		10.55 acre tract, said 5.00 acre tract (V. 1775, P. 248) and said
306	298		4.45 acre tract, North 87 degrees 21 minutes 45 seconds East, a
307	299		distance of 2384.30 feet to a "P-K" nail set in asphalt pavement at
308	300		the northeast corner of said 4.45 acre tract, for the northeast
309	301		corner of the herein described tract;
310	302		Thence, with the east line of said 4.45 acre tract, South 02
311	303		degrees 36 minutes 15 seconds East, at a distance of 32.55 feet pass
312	304		a 5/8-inch iron rod with a Miller Survey Group (MSG) cap set on the
313	305		occupied south R.O.W. line of said McKeever Road, at a distance of
314	306		41.87 feet pass a 5/8-inch iron rod found, and continue in all a
315	307		total distance of 246.27 feet to a 5/8-inch iron rod with a cap
316	308		found on the northeast line of a called 1.1852 acre tract of land
317	309		recorded in the name of the City of Pearland, Texas in B.C.C.F.
318	310		No. 2011044376, from which a 5/8-inch iron rod with a CL Davis cap
319	311		found bears South 51 degrees 41 minutes 48 seconds East, a distance
320	312		of 12.55 feet;
321	313		Thence, with the lines of said 1.1852 acre tract, the
322	314		following four (4) courses:
323	315		1. North 51 degrees 41 minutes 48 seconds West, a
324	316		distance of 262.16 feet to a 5/8-inch iron rod with a cap found at an
325	317		angle point;
326	318		2. South 87 degrees 18 minutes 40 seconds West, a
327	319		distance of 49.92 feet to a 5/8-inch iron rod with a cap found at an
328	320		angle point;
329	321		3. South 38 degrees 18 minutes 12 seconds West, a
330	322		distance of 107.26 feet to a 5/8-inch iron rod with a cap found at an
331	323		angle point;
332	324		4. South 51 degrees 41 minutes 48 seconds East, a
333	325		distance of 421.14 feet to a 5/8-inch iron rod with a cap found on
334	326		the east line of said 4.45 acre tract, from which a 5/8-inch iron
335	327		rod with a CL Davis cap found bears South 51 degrees 41 minutes 48
336	328		seconds East, a distance of 12.84 feet;
337	329		Thence, with the east line of said 4.45 acre tract and the
338	330		east line of said 138.83 acre tract, South 02 degrees 36 minutes 15
339	331		seconds East, a distance of 3465.72 feet to a 5/8-inch iron rod
340	332		found at the northeast corner of said 151.44 acre tract, for the
341	333		southeast corner of said 138.83 acre tract and the herein described
342	334		tract;
343	335		Thence, with the line north line of said 151.44 acre tract and
344	336		the south line of said 138.83 acre tract and said 45.00 acre tract,
345	337		South 87 degrees 21 minutes 45 seconds West, a distance of 2384.30
346	338		feet to the Point of Beginning and containing 212.174 acre of land.
347	339		Save and except the following 0.1697 acre tract:
348	340		Being a tract of land containing 0.1697 acres (7,394 square
349	341		feet), located in the H. Stevens Survey, Abstract-593 in Brazoria
350	342		County, Texas; Said 0.1697 acre tract being all of a called 0.1319
351	343		acre tract of land recorded in the name of the City of Pearland,
352	344		Texas in B.C.C.F. No. 2011044376 and all of a called 0.0378 acre
353	345		tract of land recorded in the name of the City of Pearland, Texas in
354	346		B.C.C.F. No. 2011044379; Said 0.1697 acre tract being more
355	347		particularly described by metes and bounds as follows (Bearings are
356	348		based on the Texas Coordinate System of 1983, South Central Zone per
357	349		GPS observations):
358	350		Commencing at a 5/8-inch iron rod found at the northeasterly
359	351		corner of a called 1.1852 acre tract recorded in the name of the
360	352		City of Pearland, Texas in B.C.C.F. No. 2011044376;
361	353		Thence, through and across a called 4.45 acre tract recorded
362	354		in the name of Lois Smith Summers in B.C.C.F. No. 2013052682, North
363	355		51 degrees 41 minutes 48 seconds West, a distance of 18.29 feet to a
364	356		5/8-inch iron rod with a MSG cap set at the southeast corner of said
365	357		0.1319 acre tract for the southeast corner of and Point of Beginning
366	358		of the herein described tract;
367	359		Thence, with the south line of said 0.1319 acre tract and
368	360		0.0378 acre tract, South 87 degrees 18 minutes 47 seconds West, a
369	361		distance of 263.76 feet to a 5/8-inch iron rod found at the
370	362		southwest corner of said 0.0378 acre tract, for the southwest
371	363		corner of the herein described tract;
372	364		Thence, with the west line of said 0.0378 acre tract, North 02
373	365		degrees 41 minutes 13 seconds West, a distance of 30.00 feet to a
374	366		5/8-inch iron rod with a MSG cap set at the northwest corner of said
375	367		0.0378 acre tract, for the northwest corner of the herein described
376	368		tract;
377	369		Thence, with the north line of said 0.0378 acre tract and
378	370		0.1319 acre tract, North 87 degrees 18 minutes 47 seconds East, a
379	371		distance of 229.23 feet to a 5/8-inch iron rod with a MSG cap set at
380	372		the northeast corner of said 0.1319 acre tract, for the northeast
381	373		corner of the herein described tract;
382	374		Thence, with the easterly line of said 0.1319 acre tract,
383	375		South 51 degrees 41 minutes 48 seconds East, a distance of 45.74
384	376		feet to the Point of Beginning and containing 0.1697 acres of land.
385	377		SECTION 3. (a) The legal notice of the intention to
386	378		introduce this Act, setting forth the general substance of this
387	379		Act, has been published as provided by law, and the notice and a
388	380		copy of this Act have been furnished to all persons, agencies,
389	381		officials, or entities to which they are required to be furnished
390	382		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
391	383		Government Code.
392	384		(b) The governor, one of the required recipients, has
393	385		submitted the notice and Act to the Texas Commission on
394	386		Environmental Quality.
395	387		(c) The Texas Commission on Environmental Quality has filed
396	388		its recommendations relating to this Act with the governor, the
397	389		lieutenant governor, and the speaker of the house of
398	390		representatives within the required time.
399	391		(d) All requirements of the constitution and laws of this
400	392		state and the rules and procedures of the legislature with respect
401	393		to the notice, introduction, and passage of this Act are fulfilled
402	394		and accomplished.
403	395		SECTION 4. (a) If this Act does not receive a two-thirds
404	396		vote of all the members elected to each house, Subchapter C, Chapter
405	397		7970, Special District Local Laws Code, as added by Section 1 of
406	398		this Act, is amended by adding Section 7970.106 to read as follows:
407	399		Sec. 7970.106. NO EMINENT DOMAIN POWER. The district may
408	400		not exercise the power of eminent domain.
409	401		(b) This section is not intended to be an expression of a
410	402		legislative interpretation of the requirements of Section 17(c),
411	403		Article I, Texas Constitution.
412	404		SECTION 5. This Act takes effect immediately if it receives
413	405		a vote of two-thirds of all the members elected to each house, as
414	406		provided by Section 39, Article III, Texas Constitution. If this
415	407		Act does not receive the vote necessary for immediate effect, this
416	408		Act takes effect September 1, 2017.
417		-	* * * * *
	409	+	______________________________ ______________________________
	410	+	President of the Senate Speaker of the House
	411	+	I certify that H.B. No. 1962 was passed by the House on April
	412	+	27, 2017, by the following vote: Yeas 141, Nays 3, 3 present, not
	413	+	voting.
	414	+	______________________________
	415	+	Chief Clerk of the House
	416	+	I certify that H.B. No. 1962 was passed by the Senate on May
	417	+	4, 2017, by the following vote: Yeas 30, Nays 1.
	418	+	______________________________
	419	+	Secretary of the Senate
	420	+	APPROVED: _____________________
	421	+	Date
	422	+	_____________________
	423	+	Governor