TX
Texas House Bill HB1948

Texas 2019 - 86th Regular

Texas House Bill HB1948 Compare Versions

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1-86R20508 BRG-F
1+86R7771 BRG-F
22 By: Cyrier H.B. No. 1948
3- Substitute the following for H.B. No. 1948:
4- By: Craddick C.S.H.B. No. 1948
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to the creation of the Caldwell County Municipal Utility
10- District No. 2; granting a limited power of eminent domain;
11- providing authority to issue bonds; providing authority to impose
7+ relating to the creation of the Clear Fork Ranch Municipal Utility
8+ District; granting a limited power of eminent domain; providing
9+ authority to issue bonds; providing authority to impose
1210 assessments, fees, and taxes.
1311 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1412 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1513 Code, is amended by adding Chapter 8053 to read as follows:
16- CHAPTER 8053. CALDWELL COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
14+ CHAPTER 8053. CLEAR FORK RANCH MUNICIPAL UTILITY DISTRICT
1715 SUBCHAPTER A. GENERAL PROVISIONS
1816 Sec. 8053.0101. DEFINITIONS. In this chapter:
1917 (1) "Board" means the district's board of directors.
2018 (2) "Commission" means the Texas Commission on
2119 Environmental Quality.
2220 (3) "Director" means a board member.
23- (4) "District" means the Caldwell County Municipal
24- Utility District No. 2.
21+ (4) "District" means the Clear Fork Ranch Municipal
22+ Utility District.
2523 Sec. 8053.0102. NATURE OF DISTRICT. The district is a
2624 municipal utility district created under Section 59, Article XVI,
2725 Texas Constitution.
2826 Sec. 8053.0103. CONFIRMATION AND DIRECTOR ELECTION
2927 REQUIRED. The temporary directors shall hold an election to
3028 confirm the creation of the district and to elect five permanent
3129 directors as provided by Section 49.102, Water Code.
3230 Sec. 8053.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3331 temporary directors may not hold an election under Section
3432 8053.0103 until each municipality in whose corporate limits or
3533 extraterritorial jurisdiction the district is located has
3634 consented by ordinance or resolution to the creation of the
3735 district and to the inclusion of land in the district.
3836 Sec. 8053.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3937 (a) The district is created to serve a public purpose and benefit.
4038 (b) The district is created to accomplish the purposes of:
4139 (1) a municipal utility district as provided by
4240 general law and Section 59, Article XVI, Texas Constitution; and
4341 (2) Section 52, Article III, Texas Constitution, that
4442 relate to the construction, acquisition, improvement, operation,
4543 or maintenance of macadamized, graveled, or paved roads, or
4644 improvements, including storm drainage, in aid of those roads.
4745 Sec. 8053.0106. INITIAL DISTRICT TERRITORY. (a) The
4846 district is initially composed of the territory described by
4947 Section 2 of the Act enacting this chapter.
5048 (b) The boundaries and field notes contained in Section 2 of
5149 the Act enacting this chapter form a closure. A mistake made in the
5250 field notes or in copying the field notes in the legislative process
5351 does not affect the district's:
5452 (1) organization, existence, or validity;
5553 (2) right to issue any type of bond for the purposes
5654 for which the district is created or to pay the principal of and
5755 interest on a bond;
5856 (3) right to impose a tax; or
5957 (4) legality or operation.
6058 SUBCHAPTER B. BOARD OF DIRECTORS
6159 Sec. 8053.0201. GOVERNING BODY; TERMS. (a) The district is
6260 governed by a board of five elected directors.
6361 (b) Except as provided by Section 8053.0202, directors
6462 serve staggered four-year terms.
65- Sec. 8053.0202. TEMPORARY DIRECTORS. (a) The temporary
66- board consists of:
67- (1) Rene Abrego;
68- (2) Sam Sanborn;
69- (3) Danielle Benson;
70- (4) John Casey Roy; and
71- (5) Maya Ingram.
63+ Sec. 8053.0202. TEMPORARY DIRECTORS. (a) On or after
64+ September 1, 2019, the owner or owners of a majority of the assessed
65+ value of the real property in the district may submit a petition to
66+ the commission requesting that the commission appoint as temporary
67+ directors the five persons named in the petition. The commission
68+ shall appoint as temporary directors the five persons named in the
69+ petition.
7270 (b) Temporary directors serve until the earlier of:
7371 (1) the date permanent directors are elected under
7472 Section 8053.0103; or
75- (2) the fourth anniversary of the effective date of
76- the Act enacting this chapter.
73+ (2) September 1, 2023.
7774 (c) If permanent directors have not been elected under
7875 Section 8053.0103 and the terms of the temporary directors have
7976 expired, successor temporary directors shall be appointed or
8077 reappointed as provided by Subsection (d) to serve terms that
8178 expire on the earlier of:
8279 (1) the date permanent directors are elected under
8380 Section 8053.0103; or
8481 (2) the fourth anniversary of the date of the
8582 appointment or reappointment.
8683 (d) If Subsection (c) applies, the owner or owners of a
8784 majority of the assessed value of the real property in the district
8885 may submit a petition to the commission requesting that the
8986 commission appoint as successor temporary directors the five
9087 persons named in the petition. The commission shall appoint as
9188 successor temporary directors the five persons named in the
9289 petition.
9390 SUBCHAPTER C. POWERS AND DUTIES
9491 Sec. 8053.0301. GENERAL POWERS AND DUTIES. The district
9592 has the powers and duties necessary to accomplish the purposes for
9693 which the district is created.
9794 Sec. 8053.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9895 DUTIES. The district has the powers and duties provided by the
9996 general law of this state, including Chapters 49 and 54, Water Code,
10097 applicable to municipal utility districts created under Section 59,
10198 Article XVI, Texas Constitution.
10299 Sec. 8053.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
103100 52, Article III, Texas Constitution, the district may design,
104101 acquire, construct, finance, issue bonds for, improve, operate,
105102 maintain, and convey to this state, a county, or a municipality for
106103 operation and maintenance macadamized, graveled, or paved roads, or
107104 improvements, including storm drainage, in aid of those roads.
108105 Sec. 8053.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
109106 road project must meet all applicable construction standards,
110107 zoning and subdivision requirements, and regulations of each
111108 municipality in whose corporate limits or extraterritorial
112109 jurisdiction the road project is located.
113110 (b) If a road project is not located in the corporate limits
114111 or extraterritorial jurisdiction of a municipality, the road
115112 project must meet all applicable construction standards,
116113 subdivision requirements, and regulations of each county in which
117114 the road project is located.
118115 (c) If the state will maintain and operate the road, the
119116 Texas Transportation Commission must approve the plans and
120117 specifications of the road project.
121118 Sec. 8053.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122119 ORDINANCE OR RESOLUTION. The district shall comply with all
123120 applicable requirements of any ordinance or resolution that is
124121 adopted under Section 54.016 or 54.0165, Water Code, and that
125122 consents to the creation of the district or to the inclusion of land
126123 in the district.
127124 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
128125 Sec. 8053.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
129126 The district may issue, without an election, bonds and other
130127 obligations secured by:
131128 (1) revenue other than ad valorem taxes; or
132129 (2) contract payments described by Section 8053.0403.
133130 (b) The district must hold an election in the manner
134131 provided by Chapters 49 and 54, Water Code, to obtain voter approval
135132 before the district may impose an ad valorem tax or issue bonds
136133 payable from ad valorem taxes.
137134 (c) The district may not issue bonds payable from ad valorem
138135 taxes to finance a road project unless the issuance is approved by a
139136 vote of a two-thirds majority of the district voters voting at an
140137 election held for that purpose.
141138 Sec. 8053.0402. OPERATION AND MAINTENANCE TAX. (a) If
142139 authorized at an election held under Section 8053.0401, the
143140 district may impose an operation and maintenance tax on taxable
144141 property in the district in accordance with Section 49.107, Water
145142 Code.
146143 (b) The board shall determine the tax rate. The rate may not
147144 exceed the rate approved at the election.
148145 Sec. 8053.0403. CONTRACT TAXES. (a) In accordance with
149146 Section 49.108, Water Code, the district may impose a tax other than
150147 an operation and maintenance tax and use the revenue derived from
151148 the tax to make payments under a contract after the provisions of
152149 the contract have been approved by a majority of the district voters
153150 voting at an election held for that purpose.
154151 (b) A contract approved by the district voters may contain a
155152 provision stating that the contract may be modified or amended by
156153 the board without further voter approval.
157154 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
158155 Sec. 8053.0501. AUTHORITY TO ISSUE BONDS AND OTHER
159156 OBLIGATIONS. The district may issue bonds or other obligations
160157 payable wholly or partly from ad valorem taxes, impact fees,
161158 revenue, contract payments, grants, or other district money, or any
162159 combination of those sources, to pay for any authorized district
163160 purpose.
164161 Sec. 8053.0502. TAXES FOR BONDS. At the time the district
165162 issues bonds payable wholly or partly from ad valorem taxes, the
166163 board shall provide for the annual imposition of a continuing
167164 direct ad valorem tax, without limit as to rate or amount, while all
168165 or part of the bonds are outstanding as required and in the manner
169166 provided by Sections 54.601 and 54.602, Water Code.
170167 Sec. 8053.0503. BONDS FOR ROAD PROJECTS. At the time of
171168 issuance, the total principal amount of bonds or other obligations
172169 issued or incurred to finance road projects and payable from ad
173170 valorem taxes may not exceed one-fourth of the assessed value of the
174171 real property in the district.
175- SECTION 2. The Caldwell County Municipal Utility District
176- No. 2 initially includes all the territory contained in the
177- following area:
172+ SECTION 2. The Clear Fork Ranch Municipal Utility District
173+ initially includes all the territory contained in the following
174+ area:
178175 BEING approximately 472.126 acres of land in Caldwell County,
179176 Texas, said land being all of the 155.27 acres as described in Tract
180177 "A", and all of the 316.856 acres as described in Tract "B". Those
181178 individual tracts being described as follows:
182179 Tract "A"
183180 BEING 155.27 ACRES OF LAND CONSISTING OF A CALLED 35.0 ACRES OF
184181 LAND, DESCRIBED AS FOURTH TRACT IN THE W. C. STEFFEY SURVEY,
185182 ABSTRACT NUMBER 274 IN CALDWELL COUNTY, TEXAS; AND CONSISTING OF
186183 THE REMAINDER OF A CALLED 142.5 ACRES OF LAND, DESCRIBED AS FIFTH
187184 TRACT IN THE M. HUNT SURVEY, ABSTRACT NUMBER 137 IN CALDWELL COUNTY,
188185 TEXAS; SAID FOURTH TRACT AND FIFTH TRACT, HAVING A COMBINED TOTAL OF
189186 177.5 ACRES, BEING A PORTION OF A 494.8 ACRE TRACT OF LAND CONVEYED
190187 IN A DEED TO WILLIAM JANNEY GAMBLE, TRUSTEE OF THE KATIE THOMSON
191188 JANNEY REVOCABLE TRUST "A" AND RECORDED IN VOLUME 403, PAGE 671 OF
192189 THE DEED RECORDS OF CALDWELL COUNTY, TEXAS (DRCCTX); SAID 155.27
193190 ACRES OF LAND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
194191 FOLLOWS:
195192 COMMENCING at a 1 1/2-inch iron pipe found in the southwest
196193 Right-of-Way (ROW) line of Borchert Loop (County Road 108), being
197194 the east corner of a 2.000 acre tract of land in the J. George
198195 Survey, Abstract Number 118 in Caldwell County, Texas, described in
199196 a deed to Dennis R. & Shalaina T. Walker, recorded in Volume 433,
200197 Page 203, DRCCTC, and being the north corner of the remainder of
201198 said 177.5 acre Gamble tract;
202199 THENCE along the southeast line of said J. George Survey, Abstract
203200 Number 118, being also the southeast line of said 2.000 acre Walker
204201 tract; same being the northwest line of said M. Hunt Survey,
205202 Abstract Number 137 and the northwest line of said 177.5 acre Gamble
206203 tract, S59°45'36"W, a distance of 329.74 feet to an iron rod set with
207204 a cap marked "TMG" for the north corner and POINT of BEGINNING of
208205 the herein described tract of land;
209206 THENCE through the interior of said 177.5 acre Gamble tract, the
210207 following two (2) courses and distances:
211208 1) S32°37'51"E, a distance of 560.05 to an iron rod set with a cap
212209 marked "TMG" for an angle point, and
213210 2) N57°21'07"E, a distance of 320.50 feet to an iron rod set with a
214211 cap marked "TMG", being in the southwest ROW of Borchert Loop for an
215212 angle point;
216213 THENCE with the southwest ROW line of Borchert Loop, being the
217214 northeast line of this 155.27 acre tract, S31°41'23"E, a distance of
218215 90.01 feet to an iron rod set with a cap marked "TMG", for an angle
219216 point;
220217 THENCE continuing through the interior of said 177.5 acre Gamble
221218 tract, the following three (3) courses and distances:
222219 3) S57°21'07"W, a distance of 319.02 feet to an iron rod set with a
223220 cap marked "TMG" for an angle point,
224221 4) S32°37'51"E, a distance of 1817.85 feet to an iron rod set with a
225222 cap marked "TMG" for an angle point, and
226223 5) N57°23'55"E, a distance of 289.15 feet to an iron rod set with a
227224 cap marked "TMG", being in the southwest ROW of Borchert Loop for an
228225 angle point;
229226 THENCE with the southwest ROW line of Borchert Loop, being the
230227 northeast line of this 155.27 acre tract, S31°41'23"E, a distance of
231228 90.01 feet to an iron rod set with a cap marked "TMG", for an angle
232229 point;
233230 THENCE continuing through the interior of said 177.5 acre Gamble
234231 tract, the following four (4) courses and distances:
235232 6) S57°23'55"W, a distance of 287.68 feet to an iron rod set with a
236233 cap marked "TMG" for an angle point,
237234 7) S32°37'51"E, a distance of 678.17 feet to an iron rod set with a
238235 cap marked "TMG" for an angle point,
239236 8) S81°34'47"E, a distance of 52.54 feet to an iron rod set with a
240237 cap marked "TMG" for an angle point, and
241238 9) N49°28'18"E, a distance of 239.16 feet to an iron rod set with a
242239 cap marked "TMG", being in the southwest ROW of Borchert Loop for an
243240 angle point;
244241 THENCE with the southwest ROW line of Borchert Loop, being the
245242 northeast line of this 155.27 acre tract, S31°41'23"E, a distance of
246243 40.34 feet to a 60d nail found in the top of a wooden post being the
247244 north corner of a 99.0 acre tract of land in the J. H. Finch Survey,
248245 Abstract Number 108 in Caldwell County, Texas, described as Tract I
249246 in a deed to Edgar L. and wife, Dorothy June Vogel, recorded in
250247 Volume 8, Page 21, DRCCTC, and being the east corner of the
251248 remainder of said 177.5 acre Gamble tract and being the east corner
252249 of the herein described tract of land;
253250 THENCE with the northwest line of said 99.0 acre tract, being the
254251 southeast line of the remainder of said 177.5 acre Gamble tract,
255252 S49°28'18"W, a distance of 2216.10 feet to a 1 1/2-inch iron pipe
256253 found in the northwest line of said 99.0 acre tract, being the east
257254 corner of a 340.331 acre tract of land described in a deed to Nami
258255 Ranch, L.L.C. and recorded in Document Number 087087 of the
259256 Official Public Records of Real Property for Caldwell County, Texas
260257 (OPRRPCCTX), for the south corner of the remainder of said 177.5
261258 acre Gamble tract and being the south corner of the herein described
262259 tract of land;
263260 THENCE with the northeast line of said 340.331 acre tract, being the
264261 southwest line of the remainder of said 177.5 acre Gamble tract,
265262 N32°37'49"W, at 3520.81 feet passing a calculated point marking the
266263 north corner of said 340.331 acre tract and the southeast corner of
267264 a 7.779 acre tract of land described in a deed to Belinda N. Garza
268265 and recorded in Document Number 121466, OPRRPCCTX, from said point,
269266 a 6" cedar fence corner post bears S57°22'11"W, 1.87 feet; and
270267 continuing along the northeast line of said 7.779 acre tract, a
271268 total distance of 3662.56 feet to a 1 1/2-inch iron pipe found in
272269 the northeast line of said 7.779 acre tract, being along the
273270 southeast line of the J. George Survey, Abstract Number 118, at the
274271 south corner of a 5.052 acre tract of land described in a deed to
275272 Woodmen of the World recorded in Volume 212, Page 545, DRCCTX, for
276273 the west corner of the remainder of said 177.5 acre Gamble tract and
277274 being the west corner of the herein described tract of land;
278275 THENCE along the southeast line of said 5.052 acre tract, being the
279276 northwest line of the remainder of said 177.5 acre Gamble tract,
280277 N59°43'07"E, a distance of 356.48 feet to a
281278 1/2-inch iron rod found for the east corner of said 5.052 acre
282279 tract, being the south corner of a 5.583 acre tract of land
283280 described in a deed to Raul & Christine Ybarra and recorded in
284281 Volume 639, Page 893, DRCCTX, for an angle point in the northwest
285282 line of the remainder of said 177.5 acre Gamble tract and being an
286283 angle point in the northwest line of the herein described tract of
287284 land;
288285 THENCE continuing along the southeast line of said J. George
289286 Survey, Abstract Number 118 and the northwest line of said 177.5
290287 acre tract, N59°45'34"E, at a distance of 603.32 feet passing a
291288 1/2-inch iron rod found for the east corner of said 5.583 acre
292289 tract, being the south corner of a 5.162 acre tract of land
293290 described in a deed to Pamala Francine Hunt and recorded in Volume
294291 565, Page 474, DRCCTX; at a distance of 828.27 feet passing a
295292 1/2-inch iron rod found for the east corner of said 5.162 acre
296293 tract, being the south corner of 5.090 acre tract of land described
297294 in a deed to Juan Carlos & Ramiro Ruvalcaba and recorded in Volume
298295 306, Page 393, DRCCTX; at a distance of 1068.37 feet passing a
299296 1/2-inch iron rod found for the east corner of said 5.090 acre
300297 tract, being the south corner of a 5.028 acre tract of land
301298 described in a deed to United Pentecostal Church and recorded in
302299 Volume 484, Page 135, DRCCTX; at a distance of 1328.42 feet passing
303300 a 1/2-inch iron rod found for the east corner of said 5.028 acre
304301 tract, being the south corner of said 2.000 acre Walker tract; and,
305302 in all, a total distance of 1564.29 feet to the PLACE of BEGINNING
306303 and containing 155.27 acres of land, more or less.
307304 Tract "B"
308305 BEING 316.856 ACRES OF LAND LYING IN AND BEING SITUATED OUT OF
309306 THE J.B. GRAY SURVEY, ABSTRACT 116 AND THE W. HOUSE SURVEY, ABSTRACT
310307 15 IN CALDWELL COUNTY, TEXAS AND BEING ALL OF THAT CERTAIN 283 ACRE
311308 TRACT AND 31.3 ACRE TRACT OF LAND CONVEYED TO GLENVOIR FARM AS
312309 SECOND TRACT AND THIRD TRACT BY DEED RECORDED IN VOLUME 403, PAGE
313310 671 OFFICIAL RECORDS, CALDWELL COUNTY, TEXAS; SAID 316.856 ACRES
314311 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND AS SURVEYED UNDER
315312 THE SUPERVISION OF JAMES E. GARON & ASSOCIATES IN JUNE, 2016:
316313 BEGINNING at a 2" steel fence found on the easterly line of Borchert
317314 Loop for the southwest corner hereof and said 31.3 acre tract and
318315 the northwest corner of that certain 59.289 acre tract of land
319316 conveyed to Jay S. Cheek and Brenda A. Cheek by deed recorded in
320317 Volume 243, Page 830 of said official records;
321318 THENCE along Borchert Loop, N 31°43'40" W a distance of 831.80 feet
322319 to a 60D nail found in old fence post for the northwest corner of
323320 said 31.3 acre tract and a common corner with said 283 acre tract
324321 and N 31°07'52" W a distance of 1783.62 feet to a railroad tie fence
325322 corner post found for the northwest corner hereof and said 283 acre
326323 tract and the southwest corner of that certain 136 acre tract of
327324 land conveyed to William R. Clark by deed recorded in Document #
328325 122818 of said official records;
329326 THENCE N 58°48'35" E a distance of 3760.23 feet to a "T" post found
330327 in rock mound for a northerly, northeast corner hereof and said 283
331328 acre tract and the northwest corner of that certain 57.29 acre tract
332329 of land conveyed to Lisa Kay Jolley King and as described by deed
333330 recorded in Volume 130, Page 865 of said official records;
334331 THENCE S 31°48'55" E a distance of 1102.81 feet to a "T" post found
335332 in 2" iron pipe found in rock mound for an ell corner hereof and the
336333 southeast corner of said King 57.29 acre tract;
337334 THENCE N 59°08'24" E a distance of 2444.46 feet to a 12" fence corner
338335 post found on the westerly line of that certain 17.18 acre tract of
339336 land conveyed to Kenneth D. Willenberg by deed recorded in Document
340337 #2015-001132 of said official records for an ell corner hereof and
341338 the southeast corner of that certain 5.257 acre tract of land
342339 conveyed to Jose A. Cardenas and Carmen Cardenas by deed recorded in
343340 Volume 439, Page 372 of said official records;
344341 THENCE S 32°00'32" E a distance of 654.53 feet to a 2" steel fence
345342 corner post found on the approximate common line of the J.B. Gray
346343 Survey and the W. House Survey for an ell corner hereof and the
347344 southwest corner of said Willenberg 17.18 acre tract;
348345 THENCE N 59°17'01" E a distance of 262.32 feet along said line to a
349346 2" steel fence corner post found for an ell corner hereof and the
350347 northwest corner of that certain 14.6 acre tract of land conveyed to
351348 Kenneth D. Willenberg by deed recorded in Document #2015-001132 of
352349 said official records;
353350 THENCE S 30°57'43" E a distance of 849.75 feet to a 2" steel fence
354351 corner post found on the northerly line of that certain 45.76 acre
355352 tract of land conveyed to Stephen R. Knox and Bonnie Lee Knox by
356353 deed recorded in Volume 184, Page 505 of said official records for
357354 the southeast corner hereof and said 283 acre tract and the
358355 southwest corner of said Willenberg 14.6 acre tract;
359356 THENCE S 58°49'37" W a distance of 2282.66 feet to a cotton gin
360357 spindle set at a 3/4" iron pipe found for the northwest corner of
361358 said Knox 45.76 acre tract and the northeast corner of the aforesaid
362359 Cheek 59.289 acre tract;
363360 THENCE S 58°54'26" W a distance of 4196.34 feet to the POINT OF
364361 BEGINNING, containing 316.856 acres of land, more or less.
365362 SECTION 3. (a) The legal notice of the intention to
366363 introduce this Act, setting forth the general substance of this
367364 Act, has been published as provided by law, and the notice and a
368365 copy of this Act have been furnished to all persons, agencies,
369366 officials, or entities to which they are required to be furnished
370367 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
371368 Government Code.
372369 (b) The governor, one of the required recipients, has
373370 submitted the notice and Act to the Texas Commission on
374371 Environmental Quality.
375372 (c) The Texas Commission on Environmental Quality has filed
376373 its recommendations relating to this Act with the governor, the
377374 lieutenant governor, and the speaker of the house of
378375 representatives within the required time.
379376 (d) All requirements of the constitution and laws of this
380377 state and the rules and procedures of the legislature with respect
381378 to the notice, introduction, and passage of this Act are fulfilled
382379 and accomplished.
383380 SECTION 4. (a) If this Act does not receive a two-thirds
384381 vote of all the members elected to each house, Subchapter C, Chapter
385382 8053, Special District Local Laws Code, as added by Section 1 of
386383 this Act, is amended by adding Section 8053.0306 to read as follows:
387384 Sec. 8053.0306. NO EMINENT DOMAIN POWER. The district may
388385 not exercise the power of eminent domain.
389386 (b) This section is not intended to be an expression of a
390387 legislative interpretation of the requirements of Section 17(c),
391388 Article I, Texas Constitution.
392- SECTION 5. This Act takes effect immediately if it receives
393- a vote of two-thirds of all the members elected to each house, as
394- provided by Section 39, Article III, Texas Constitution. If this
395- Act does not receive the vote necessary for immediate effect, this
396- Act takes effect September 1, 2019.
389+ SECTION 5. This Act takes effect September 1, 2019.