Texas 2017 - 85th Regular

Texas Senate Bill SB1042 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Taylor of Galveston S.B. No. 1042
2	2	(In the Senate - Filed February 22, 2017; March 6, 2017,
3	3	read first time and referred to Committee on Intergovernmental
4	4	Relations; April 19, 2017, reported favorably by the following
5	5	vote: Yeas 7, Nays 0; April 19, 2017, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of the Brazoria County Municipal Utility
12	12	District No. 69; granting a limited power of eminent domain;
13	13	providing authority to issue bonds; providing authority to impose
14	14	assessments, fees, and taxes.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	17	Code, is amended by adding Chapter 7970 to read as follows:
18	18	CHAPTER 7970. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 69
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 7970.001. DEFINITIONS. In this chapter:
21	21	(1) "Board" means the district's board of directors.
22	22	(2) "Commission" means the Texas Commission on
23	23	Environmental Quality.
24	24	(3) "Director" means a board member.
25	25	(4) "District" means the Brazoria County Municipal
26	26	Utility District No. 69.
27	27	Sec. 7970.002. NATURE OF DISTRICT. The district is a
28	28	municipal utility district created under Section 59, Article XVI,
29	29	Texas Constitution.
30	30	Sec. 7970.003. CONFIRMATION AND DIRECTORS' ELECTION
31	31	REQUIRED. The temporary directors shall hold an election to
32	32	confirm the creation of the district and to elect five permanent
33	33	directors as provided by Section 49.102, Water Code.
34	34	Sec. 7970.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	35	temporary directors may not hold an election under Section 7970.003
36	36	until each municipality in whose corporate limits or
37	37	extraterritorial jurisdiction the district is located has
38	38	consented by ordinance or resolution to the creation of the
39	39	district and to the inclusion of land in the district.
40	40	Sec. 7970.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	41	(a) The district is created to serve a public purpose and benefit.
42	42	(b) The district is created to accomplish the purposes of:
43	43	(1) a municipal utility district as provided by
44	44	general law and Section 59, Article XVI, Texas Constitution; and
45	45	(2) Section 52, Article III, Texas Constitution, that
46	46	relate to the construction, acquisition, improvement, operation,
47	47	or maintenance of macadamized, graveled, or paved roads, or
48	48	improvements, including storm drainage, in aid of those roads.
49	49	Sec. 7970.006. INITIAL DISTRICT TERRITORY. (a) The
50	50	district is initially composed of the territory described by
51	51	Section 2 of the Act enacting this chapter.
52	52	(b) The boundaries and field notes contained in Section 2 of
53	53	the Act enacting this chapter form a closure. A mistake made in the
54	54	field notes or in copying the field notes in the legislative process
55	55	does not affect the district's:
56	56	(1) organization, existence, or validity;
57	57	(2) right to issue any type of bond for the purposes
58	58	for which the district is created or to pay the principal of and
59	59	interest on a bond;
60	60	(3) right to impose a tax; or
61	61	(4) legality or operation.
62	62	SUBCHAPTER B. BOARD OF DIRECTORS
63	63	Sec. 7970.051. GOVERNING BODY; TERMS. (a) The district is
64	64	governed by a board of five elected directors.
65	65	(b) Except as provided by Section 7970.052, directors serve
66	66	staggered four-year terms.
67	67	Sec. 7970.052. TEMPORARY DIRECTORS. (a) On or after the
68	68	effective date of the Act enacting this chapter, the owner or owners
69	69	of a majority of the assessed value of the real property in the
70	70	district may submit a petition to the commission requesting that
71	71	the commission appoint as temporary directors the five persons
72	72	named in the petition. The commission shall appoint as temporary
73	73	directors the five persons named in the petition.
74	74	(b) Temporary directors serve until the earlier of:
75	75	(1) the date permanent directors are elected under
76	76	Section 7970.003; or
77	77	(2) the fourth anniversary of the effective date of
78	78	the Act enacting this chapter.
79	79	(c) If permanent directors have not been elected under
80	80	Section 7970.003 and the terms of the temporary directors have
81	81	expired, successor temporary directors shall be appointed or
82	82	reappointed as provided by Subsection (d) to serve terms that
83	83	expire on the earlier of:
84	84	(1) the date permanent directors are elected under
85	85	Section 7970.003; or
86	86	(2) the fourth anniversary of the date of the
87	87	appointment or reappointment.
88	88	(d) If Subsection (c) applies, the owner or owners of a
89	89	majority of the assessed value of the real property in the district
90	90	may submit a petition to the commission requesting that the
91	91	commission appoint as successor temporary directors the five
92	92	persons named in the petition. The commission shall appoint as
93	93	successor temporary directors the five persons named in the
94	94	petition.
95	95	SUBCHAPTER C. POWERS AND DUTIES
96	96	Sec. 7970.101. GENERAL POWERS AND DUTIES. The district has
97	97	the powers and duties necessary to accomplish the purposes for
98	98	which the district is created.
99	99	Sec. 7970.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100	100	DUTIES. The district has the powers and duties provided by the
101	101	general law of this state, including Chapters 49 and 54, Water Code,
102	102	applicable to municipal utility districts created under Section 59,
103	103	Article XVI, Texas Constitution.
104	104	Sec. 7970.103. AUTHORITY FOR ROAD PROJECTS. Under Section
105	105	52, Article III, Texas Constitution, the district may design,
106	106	acquire, construct, finance, issue bonds for, improve, operate,
107	107	maintain, and convey to this state, a county, or a municipality for
108	108	operation and maintenance macadamized, graveled, or paved roads, or
109	109	improvements, including storm drainage, in aid of those roads.
110	110	Sec. 7970.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
111	111	road project must meet all applicable construction standards,
112	112	zoning and subdivision requirements, and regulations of each
113	113	municipality in whose corporate limits or extraterritorial
114	114	jurisdiction the road project is located.
115	115	(b) If a road project is not located in the corporate limits
116	116	or extraterritorial jurisdiction of a municipality, the road
117	117	project must meet all applicable construction standards,
118	118	subdivision requirements, and regulations of each county in which
119	119	the road project is located.
120	120	(c) If the state will maintain and operate the road, the
121	121	Texas Transportation Commission must approve the plans and
122	122	specifications of the road project.
123	123	Sec. 7970.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
124	124	OR RESOLUTION. The district shall comply with all applicable
125	125	requirements of any ordinance or resolution that is adopted under
126	126	Section 54.016 or 54.0165, Water Code, and that consents to the
127	127	creation of the district or to the inclusion of land in the
128	128	district.
129	129	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
130	130	Sec. 7970.151. ELECTIONS REGARDING TAXES OR BONDS.
131	131	(a) The district may issue, without an election, bonds and other
132	132	obligations secured by:
133	133	(1) revenue other than ad valorem taxes; or
134	134	(2) contract payments described by Section 7970.153.
135	135	(b) The district must hold an election in the manner
136	136	provided by Chapters 49 and 54, Water Code, to obtain voter approval
137	137	before the district may impose an ad valorem tax or issue bonds
138	138	payable from ad valorem taxes.
139	139	(c) The district may not issue bonds payable from ad valorem
140	140	taxes to finance a road project unless the issuance is approved by a
141	141	vote of a two-thirds majority of the district voters voting at an
142	142	election held for that purpose.
143	143	Sec. 7970.152. OPERATION AND MAINTENANCE TAX. (a) If
144	144	authorized at an election held under Section 7970.151, the district
145	145	may impose an operation and maintenance tax on taxable property in
146	146	the district in accordance with Section 49.107, Water Code.
147	147	(b) The board shall determine the tax rate. The rate may not
148	148	exceed the rate approved at the election.
149	149	Sec. 7970.153. CONTRACT TAXES. (a) In accordance with
150	150	Section 49.108, Water Code, the district may impose a tax other than
151	151	an operation and maintenance tax and use the revenue derived from
152	152	the tax to make payments under a contract after the provisions of
153	153	the contract have been approved by a majority of the district voters
154	154	voting at an election held for that purpose.
155	155	(b) A contract approved by the district voters may contain a
156	156	provision stating that the contract may be modified or amended by
157	157	the board without further voter approval.
158	158	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
159	159	Sec. 7970.201. AUTHORITY TO ISSUE BONDS AND OTHER
160	160	OBLIGATIONS. The district may issue bonds or other obligations
161	161	payable wholly or partly from ad valorem taxes, impact fees,
162	162	revenue, contract payments, grants, or other district money, or any
163	163	combination of those sources, to pay for any authorized district
164	164	purpose.
165	165	Sec. 7970.202. TAXES FOR BONDS. At the time the district
166	166	issues bonds payable wholly or partly from ad valorem taxes, the
167	167	board shall provide for the annual imposition of a continuing
168	168	direct ad valorem tax, without limit as to rate or amount, while all
169	169	or part of the bonds are outstanding as required and in the manner
170	170	provided by Sections 54.601 and 54.602, Water Code.
171	171	Sec. 7970.203. BONDS FOR ROAD PROJECTS. At the time of
172	172	issuance, the total principal amount of bonds or other obligations
173	173	issued or incurred to finance road projects and payable from ad
174	174	valorem taxes may not exceed one-fourth of the assessed value of the
175	175	real property in the district.
176	176	SECTION 2. The Brazoria County Municipal Utility District
177	177	No. 69 initially includes all the territory contained in the
178	178	following area:
179	179	TRACT ONE
180	180	Being a tract of land containing 158.478 acres (6,903,334
181	181	square feet), located within the C.W. Groos Survey, Abstract-525 in
182	182	Brazoria County, Texas; Said 158.478 acre tract being a portion of a
183	183	called 160 acre tract recorded in the name of Richard Rogers in
184	184	Volume 103, Page 371 of the Brazoria County Deed Records (B.C.D.R.)
185	185	and all of a called 13.655 acre tract recorded in the name of H.L.&
186	186	P. Co. in Volume 1149, Page 240 of the B.C.D.R.; Said 158.478 acre
187	187	tract being more particularly described by metes and bounds as
188	188	follows (Bearings are based on the Texas Coordinate System of 1983,
189	189	South Central Zone per GPS observations):
190	190	Beginning at a 5/8-inch iron rod found at the southwest
191	191	corner of a called 40.0000 acre tract of land recorded in the name
192	192	of Prabhakar Rao Draksharam in Brazoria County Clerk's File Number
193	193	(B.C.C.F. No.) 2007030107, same being on the north line of a called
194	194	151.44 acre tract recorded in the name of C.W. Way in Volume 272,
195	195	Page 103 of the B.C.D.R., for the southeast corner of said 160 acre
196	196	tract and the herein described tract, said iron rod being on the
197	197	Right-Of-Way (R.O.W.) line of County Road 128 (30 foot easement
198	198	reserved along the north line in Volume 124, Page 477 of the
199	199	B.C.D.R., no easement reserved along the south line of said 160 acre
200	200	tract found);
201	201	Thence, with the north line of said 151.44 acre tract and the
202	202	south line of said 160 acre tract and said 13.655 acre tract, South
203	203	87 degrees 19 minutes 22 seconds West, a distance of 2634.42 feet to
204	204	a 5/8-inch iron rod with a Miller Survey Group (MSG) cap set at an
205	205	angle point in said 151.44 acre tract, for the southwest corner of
206	206	said 160 acre tract and the herein described tract;
207	207	Thence, with the upper east line of said 151.44 acre tract,
208	208	the east line of a called 138.83 acre tract of land recorded in the
209	209	name of Margurite Massey Smith Charitable Remainder Trust, U.A. in
210	210	B.C.C.F. No. 2010013347, same being the west line of said 160 acre
211	211	tract, North 02 degrees 36 minutes 15 seconds West, at a distance of
212	212	1389.29 feet pass a 5/8-inch iron rod found at the southeast corner
213	213	of said 138.83 acre tract, same being the upper northeast corner of
214	214	said 151.44 acre tract, and continue in all a total distance of
215	215	2634.99 feet to a 5/8-inch iron rod with a MSG cap set for the
216	216	northwest corner of said 160 acre tract and the herein described
217	217	tract;
218	218	Thence, with the north line of said 160 acre tract, said
219	219	13.655 acre tract and the south line of a called 80 acre tract
220	220	recorded in the name of Georgeanne and William Reeves in B.C.C.F.
221	221	No. 99026030, the south line of a called 247.91 acre tract recorded
222	222	in the name of RMJ Miller Real Estate Holdings, Ltd. in B.C.C.F.
223	223	No. 2002020349, and the south lines of a called 0.8902 acre tract of
224	224	land recorded in the name of the City of Pearland in B.C.C.F.
225	225	No. 2009045975, the following three (3) courses:
226	226	1. North 87 degrees 17 minutes 52 seconds East, at a
227	227	distance of 12.2 feet pass a railroad rail in concrete found at the
228	228	called southwest corner of said 80 acre tract, from which a found
229	229	1-inch iron pipe bears South 76 degrees 10 minutes East, a distance
230	230	of 30.8 feet, and at a distance of 1320.06 feet pass a 3/4-inch iron
231	231	pipe found at the southeast corner of said 80 acre tract and
232	232	continue in all a total distance of 2227.43 feet to a 5/8-inch iron
233	233	rod with a MSG cap set at the northwest corner of said 0.8902 acre
234	234	tract, for the westerly northeast corner of the herein described
235	235	tract;
236	236	2. South 51 degrees 39 minutes 45 seconds East, a
237	237	distance of 165.85 feet to a 5/8-inch iron rod with a CL Davis cap
238	238	found at the southwest corner of said 0.8902 acre tract, for an
239	239	angle point in the north line of the herein described tract;
240	240	3. North 87 degrees 18 minutes 49 seconds East, a
241	241	distance of 279.87 feet to a 5/8-inch iron rod with a CL Davis cap
242	242	found the southeast corner of said 0.8902 acre tract, same being on
243	243	the lower west line of said 247.91 acre tract, and being on the east
244	244	line of said 160 acre tract, for the easterly northeast corner of
245	245	the herein described tract;
246	246	Thence, with the lower west line of said 247.91 acre tract,
247	247	the west line of said 40.0000 acre tract and the east line of said
248	248	160 acre tract; South 02 degrees 38 minutes 46 seconds East, at a
249	249	distance of 1207.41 feet pass a concrete monument found at a
250	250	southwest corner of said 247.91 acre tract, same being the
251	251	northwest corner of said 40.0000 acre tract, and continue in all a
252	252	total distance of 2527.16 feet to the Point of Beginning and
253	253	containing 158.478 acres of land.
254	254	TRACT TWO
255	255	Being a tract of land containing 212.174 acres (9,242,293
256	256	square feet), located within the H. Stevens Survey, Abstract-593 in
257	257	Brazoria County, Texas; Said 212.174 acre tract being a portion of a
258	258	called 138.83 acre tract recorded in the name of Margurite Massey
259	259	Smith Charitable Remainder Trust U.A. in Brazoria County Clerk's
260	260	File Number (B.C.C.F. No.) 2010013347, all of a called 5.00 acre
261	261	tract of land recorded in the name of William Stephen Summers and
262	262	wife, Lois Winifrede Smith Summers in Volume (V.) 1318, Page 9 (P.)
263	263	700 of the Brazoria County Deed Records (B.C.D.R.), all of a called
264	264	5.00 acre tract of land recorded in the name of Lois Winifrede
265	265	Summers in V. 1775, P. 250 of the B.C.D.R., a portion of a called
266	266	5.00 acre tract of land recorded in the name of Lois Winifrede
267	267	Summers in V. 1775, P. 248 of the B.C.D.R., all of a called 10.55
268	268	acre tract of land recorded in the name of Lois Smith Summers in
269	269	B.C.C.F. No. 2013052681, a portion of a called 4.45 acre tract of
270	270	land recorded in the name of Lois Smith Summers in B.C.C.F.
271	271	No. 2013052682, and all of a called 45.00 acre tract of land
272	272	recorded in the name of Lois Smith Summers in B.C.C.F.
273	273	No. 2013052682; Said 212.174 acre tract being more particularly
274	274	described by metes and bounds as follows (Bearings are based on the
275	275	Texas Coordinate System of 1983, South Central Zone per GPS
276	276	observations):
277	277	Beginning at a 1-inch ion pipe found at the northwest corner
278	278	of a called 151.44 acre tract recorded in the name of C.W. Way in
279	279	Volume 272, Page 103 of the Brazoria County Deed Records, same being
280	280	on the east line of a Lot 44 of the Allison-Richey Gulf Coast Home
281	281	Co. Part of Suburban Gardens, a subdivision plat of record in Volume
282	282	2, Page 89 of the Brazoria County Plat Records (B.C.P.R.), said Lot
283	283	44, recorded in the name of Plains Exploration & Production
284	284	Company, L.P. in B.C.C.F. No. 02-033007, for the southwest corner
285	285	of said 138.83 acre tract and the herein described tract;
286	286	Thence, with the east line of Lots 44 thru 42 all recorded in
287	287	said B.C.C.F. No. 02-03307, the east line of Lots 41 and 40 being
288	288	recorded in the name of Jimmy Brown in B.C.C.F. No. 1998020191, the
289	289	east line of Lot 39 recorded in said B.C.C.F. No. 02-033007, the
290	290	east line of Lot 38 recorded in the name of Danny O. Waldon in
291	291	B.C.C.F. No. 96-0254867, the east line of Lot 37 recorded in the
292	292	name of International Victory Christian Church in B.C.C.F.
293	293	No. 2015007219, same being the west line of said 138.83 acre tract,
294	294	North 02 degrees 36 minutes 15 seconds West, at a distance of
295	295	2905.73 feet pass a found railroad spike at the northeast corner of
296	296	said Lot 39, and at a distance of 3862.37 feet pass a 5/8-inch iron
297	297	rod with a Miller Survey Group (MSG) cap set on the occupied south
298	298	Right-Of-Way (R.O.W.) line of McKeever Road (County Road 100 width
299	299	varies, monumented at 62.7 feet, north 20 feet per Volume 2, Page
300	300	89, B.C.P.R.), and continue in all a total distance of 3897.23 feet
301	301	to a "P-K" nail set in asphalt pavement for the northwest corner of
302	302	said 138.83 acre tract and the herein described tract;
303	303	Thence, with the north line of said 138.83 acre tract, said
304	304	10.55 acre tract, said 5.00 acre tract (V. 1775, P. 248) and said
305	305	4.45 acre tract, North 87 degrees 21 minutes 45 seconds East, a
306	306	distance of 2384.30 feet to a "P-K" nail set in asphalt pavement at
307	307	the northeast corner of said 4.45 acre tract, for the northeast
308	308	corner of the herein described tract;
309	309	Thence, with the east line of said 4.45 acre tract, South 02
310	310	degrees 36 minutes 15 seconds East, at a distance of 32.55 feet pass
311	311	a 5/8-inch iron rod with a Miller Survey Group (MSG) cap set on the
312	312	occupied south R.O.W. line of said McKeever Road, at a distance of
313	313	41.87 feet pass a 5/8-inch iron rod found, and continue in all a
314	314	total distance of 246.27 feet to a 5/8-inch iron rod with a cap
315	315	found on the northeast line of a called 1.1852 acre tract of land
316	316	recorded in the name of the City of Pearland, Texas in B.C.C.F.
317	317	No. 2011044376, from which a 5/8-inch iron rod with a CL Davis cap
318	318	found bears South 51 degrees 41 minutes 48 seconds East, a distance
319	319	of 12.55 feet;
320	320	Thence, with the lines of said 1.1852 acre tract, the
321	321	following four (4) courses:
322	322	1. North 51 degrees 41 minutes 48 seconds West, a
323	323	distance of 262.16 feet to a 5/8-inch iron rod with a cap found at an
324	324	angle point;
325	325	2. South 87 degrees 18 minutes 40 seconds West, a
326	326	distance of 49.92 feet to a 5/8-inch iron rod with a cap found at an
327	327	angle point;
328	328	3. South 38 degrees 18 minutes 12 seconds West, a
329	329	distance of 107.26 feet to a 5/8-inch iron rod with a cap found at an
330	330	angle point;
331	331	4. South 51 degrees 41 minutes 48 seconds East, a
332	332	distance of 421.14 feet to a 5/8-inch iron rod with a cap found on
333	333	the east line of said 4.45 acre tract, from which a 5/8-inch iron
334	334	rod with a CL Davis cap found bears South 51 degrees 41 minutes 48
335	335	seconds East, a distance of 12.84 feet;
336	336	Thence, with the east line of said 4.45 acre tract and the
337	337	east line of said 138.83 acre tract, South 02 degrees 36 minutes 15
338	338	seconds East, a distance of 3465.72 feet to a 5/8-inch iron rod
339	339	found at the northeast corner of said 151.44 acre tract, for the
340	340	southeast corner of said 138.83 acre tract and the herein described
341	341	tract;
342	342	Thence, with the line north line of said 151.44 acre tract and
343	343	the south line of said 138.83 acre tract and said 45.00 acre tract,
344	344	South 87 degrees 21 minutes 45 seconds West, a distance of 2384.30
345	345	feet to the Point of Beginning and containing 212.174 acre of land.
346	346	Save and except the following 0.1697 acre tract:
347	347	Being a tract of land containing 0.1697 acres (7,394 square
348	348	feet), located in the H. Stevens Survey, Abstract-593 in Brazoria
349	349	County, Texas; Said 0.1697 acre tract being all of a called 0.1319
350	350	acre tract of land recorded in the name of the City of Pearland,
351	351	Texas in B.C.C.F. No. 2011044376 and all of a called 0.0378 acre
352	352	tract of land recorded in the name of the City of Pearland, Texas in
353	353	B.C.C.F. No. 2011044379; Said 0.1697 acre tract being more
354	354	particularly described by metes and bounds as follows (Bearings are
355	355	based on the Texas Coordinate System of 1983, South Central Zone per
356	356	GPS observations):
357	357	Commencing at a 5/8-inch iron rod found at the northeasterly
358	358	corner of a called 1.1852 acre tract recorded in the name of the
359	359	City of Pearland, Texas in B.C.C.F. No. 2011044376;
360	360	Thence, through and across a called 4.45 acre tract recorded
361	361	in the name of Lois Smith Summers in B.C.C.F. No. 2013052682, North
362	362	51 degrees 41 minutes 48 seconds West, a distance of 18.29 feet to a
363	363	5/8-inch iron rod with a MSG cap set at the southeast corner of said
364	364	0.1319 acre tract for the southeast corner of and Point of Beginning
365	365	of the herein described tract;
366	366	Thence, with the south line of said 0.1319 acre tract and
367	367	0.0378 acre tract, South 87 degrees 18 minutes 47 seconds West, a
368	368	distance of 263.76 feet to a 5/8-inch iron rod found at the
369	369	southwest corner of said 0.0378 acre tract, for the southwest
370	370	corner of the herein described tract;
371	371	Thence, with the west line of said 0.0378 acre tract, North 02
372	372	degrees 41 minutes 13 seconds West, a distance of 30.00 feet to a
373	373	5/8-inch iron rod with a MSG cap set at the northwest corner of said
374	374	0.0378 acre tract, for the northwest corner of the herein described
375	375	tract;
376	376	Thence, with the north line of said 0.0378 acre tract and
377	377	0.1319 acre tract, North 87 degrees 18 minutes 47 seconds East, a
378	378	distance of 229.23 feet to a 5/8-inch iron rod with a MSG cap set at
379	379	the northeast corner of said 0.1319 acre tract, for the northeast
380	380	corner of the herein described tract;
381	381	Thence, with the easterly line of said 0.1319 acre tract,
382	382	South 51 degrees 41 minutes 48 seconds East, a distance of 45.74
383	383	feet to the Point of Beginning and containing 0.1697 acres of land.
384	384	SECTION 3. (a) The legal notice of the intention to
385	385	introduce this Act, setting forth the general substance of this
386	386	Act, has been published as provided by law, and the notice and a
387	387	copy of this Act have been furnished to all persons, agencies,
388	388	officials, or entities to which they are required to be furnished
389	389	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
390	390	Government Code.
391	391	(b) The governor, one of the required recipients, has
392	392	submitted the notice and Act to the Texas Commission on
393	393	Environmental Quality.
394	394	(c) The Texas Commission on Environmental Quality has filed
395	395	its recommendations relating to this Act with the governor, the
396	396	lieutenant governor, and the speaker of the house of
397	397	representatives within the required time.
398	398	(d) All requirements of the constitution and laws of this
399	399	state and the rules and procedures of the legislature with respect
400	400	to the notice, introduction, and passage of this Act are fulfilled
401	401	and accomplished.
402	402	SECTION 4. (a) If this Act does not receive a two-thirds
403	403	vote of all the members elected to each house, Subchapter C, Chapter
404	404	7970, Special District Local Laws Code, as added by Section 1 of
405	405	this Act, is amended by adding Section 7970.106 to read as follows:
406	406	Sec. 7970.106. NO EMINENT DOMAIN POWER. The district may
407	407	not exercise the power of eminent domain.
408	408	(b) This section is not intended to be an expression of a
409	409	legislative interpretation of the requirements of Section 17(c),
410	410	Article I, Texas Constitution.
411	411	SECTION 5. This Act takes effect immediately if it receives
412	412	a vote of two-thirds of all the members elected to each house, as
413	413	provided by Section 39, Article III, Texas Constitution. If this
414	414	Act does not receive the vote necessary for immediate effect, this
415	415	Act takes effect September 1, 2017.
416	416	* * * * *