Texas 2019 - 86th Regular

Texas House Bill HB4505 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4505
	1	+	By: Metcalf (Senate Sponsor - Nichols) H.B. No. 4505
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 17, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 17, 2019, sent to
	6	+	printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the creation of the Montgomery County Municipal Utility
6	13		District No. 178; granting a limited power of eminent domain;
7	14		providing authority to issue bonds; providing authority to impose
8	15		assessments, fees, and taxes.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	17		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	18		Code, is amended by adding Chapter 8086 to read as follows:
12	19		CHAPTER 8086. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 178
13	20		SUBCHAPTER A. GENERAL PROVISIONS
14	21		Sec. 8086.0101. DEFINITIONS. In this chapter:
15	22		(1) "Board" means the district's board of directors.
16	23		(2) "Commission" means the Texas Commission on
17	24		Environmental Quality.
18	25		(3) "Director" means a board member.
19	26		(4) "District" means the Montgomery County Municipal
20	27		Utility District No. 178.
21	28		Sec. 8086.0102. NATURE OF DISTRICT. The district is a
22	29		municipal utility district created under Section 59, Article XVI,
23	30		Texas Constitution.
24	31		Sec. 8086.0103. CONFIRMATION AND DIRECTOR ELECTION
25	32		REQUIRED. The temporary directors shall hold an election to
26	33		confirm the creation of the district and to elect five permanent
27	34		directors as provided by Section 49.102, Water Code.
28	35		Sec. 8086.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	36		temporary directors may not hold an election under Section
30	37		8086.0103 until each municipality in whose corporate limits or
31	38		extraterritorial jurisdiction the district is located has
32	39		consented by ordinance or resolution to the creation of the
33	40		district and to the inclusion of land in the district.
34	41		Sec. 8086.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	42		(a) The district is created to serve a public purpose and benefit.
36	43		(b) The district is created to accomplish the purposes of:
37	44		(1) a municipal utility district as provided by
38	45		general law and Section 59, Article XVI, Texas Constitution; and
39	46		(2) Section 52, Article III, Texas Constitution, that
40	47		relate to the construction, acquisition, improvement, operation,
41	48		or maintenance of macadamized, graveled, or paved roads, or
42	49		improvements, including storm drainage, in aid of those roads.
43	50		Sec. 8086.0106. INITIAL DISTRICT TERRITORY. (a) The
44	51		district is initially composed of the territory described by
45	52		Section 2 of the Act enacting this chapter.
46	53		(b) The boundaries and field notes contained in Section 2 of
47	54		the Act enacting this chapter form a closure. A mistake made in the
48	55		field notes or in copying the field notes in the legislative process
49	56		does not affect the district's:
50	57		(1) organization, existence, or validity;
51	58		(2) right to issue any type of bond for the purposes
52	59		for which the district is created or to pay the principal of and
53	60		interest on a bond;
54	61		(3) right to impose a tax; or
55	62		(4) legality or operation.
56	63		SUBCHAPTER B. BOARD OF DIRECTORS
57	64		Sec. 8086.0201. GOVERNING BODY; TERMS. (a) The district is
58	65		governed by a board of five elected directors.
59	66		(b) Except as provided by Section 8086.0202, directors
60	67		serve staggered four-year terms.
61	68		Sec. 8086.0202. TEMPORARY DIRECTORS. (a) The temporary
62	69		board consists of:
63	70		(1) Juan Trejo, III;
64	71		(2) Scott Carson;
65	72		(3) Darrin Warr;
66	73		(4) Will De la Rosa; and
67	74		(5) Cody Bark.
68	75		(b) Temporary directors serve until the earlier of:
69	76		(1) the date permanent directors are elected under
70	77		Section 8086.0103; or
71	78		(2) the fourth anniversary of the effective date of
72	79		the Act enacting this chapter.
73	80		(c) If permanent directors have not been elected under
74	81		Section 8086.0103 and the terms of the temporary directors have
75	82		expired, successor temporary directors shall be appointed or
76	83		reappointed as provided by Subsection (d) to serve terms that
77	84		expire on the earlier of:
78	85		(1) the date permanent directors are elected under
79	86		Section 8086.0103; or
80	87		(2) the fourth anniversary of the date of the
81	88		appointment or reappointment.
82	89		(d) If Subsection (c) applies, the owner or owners of a
83	90		majority of the assessed value of the real property in the district
84	91		may submit a petition to the commission requesting that the
85	92		commission appoint as successor temporary directors the five
86	93		persons named in the petition. The commission shall appoint as
87	94		successor temporary directors the five persons named in the
88	95		petition.
89	96		SUBCHAPTER C. POWERS AND DUTIES
90	97		Sec. 8086.0301. GENERAL POWERS AND DUTIES. The district
91	98		has the powers and duties necessary to accomplish the purposes for
92	99		which the district is created.
93	100		Sec. 8086.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	101		DUTIES. The district has the powers and duties provided by the
95	102		general law of this state, including Chapters 49 and 54, Water Code,
96	103		applicable to municipal utility districts created under Section 59,
97	104		Article XVI, Texas Constitution.
98	105		Sec. 8086.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	106		52, Article III, Texas Constitution, the district may design,
100	107		acquire, construct, finance, issue bonds for, improve, operate,
101	108		maintain, and convey to this state, a county, or a municipality for
102	109		operation and maintenance macadamized, graveled, or paved roads, or
103	110		improvements, including storm drainage, in aid of those roads.
104	111		Sec. 8086.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	112		road project must meet all applicable construction standards,
106	113		zoning and subdivision requirements, and regulations of each
107	114		municipality in whose corporate limits or extraterritorial
108	115		jurisdiction the road project is located.
109	116		(b) If a road project is not located in the corporate limits
110	117		or extraterritorial jurisdiction of a municipality, the road
111	118		project must meet all applicable construction standards,
112	119		subdivision requirements, and regulations of each county in which
113	120		the road project is located.
114	121		(c) If the state will maintain and operate the road, the
115	122		Texas Transportation Commission must approve the plans and
116	123		specifications of the road project.
117	124		Sec. 8086.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	125		ORDINANCE OR RESOLUTION. The district shall comply with all
119	126		applicable requirements of any ordinance or resolution that is
120	127		adopted under Section 54.016 or 54.0165, Water Code, and that
121	128		consents to the creation of the district or to the inclusion of land
122	129		in the district.
123	130		Sec. 8086.0306. DIVISION OF DISTRICT. (a) The district may
124	131		be divided into two or more new districts only if the district:
125	132		(1) has never issued any bonds; and
126	133		(2) is not imposing ad valorem taxes.
127	134		(b) This chapter applies to any new district created by the
128	135		division of the district, and a new district has all the powers and
129	136		duties of the district.
130	137		(c) Any new district created by the division of the district
131	138		may not, at the time the new district is created, contain any land
132	139		outside the area described by Section 2 of the Act enacting this
133	140		chapter.
134	141		(d) The board, on its own motion or on receipt of a petition
135	142		signed by the owner or owners of a majority of the assessed value of
136	143		the real property in the district, may adopt an order dividing the
137	144		district.
138	145		(e) The board may adopt an order dividing the district
139	146		before or after the date the board holds an election under Section
140	147		8086.0103 to confirm the creation of the district.
141	148		(f) An order dividing the district shall:
142	149		(1) name each new district;
143	150		(2) include the metes and bounds description of the
144	151		territory of each new district;
145	152		(3) appoint temporary directors for each new district;
146	153		and
147	154		(4) provide for the division of assets and liabilities
148	155		between or among the new districts.
149	156		(g) On or before the 30th day after the date of adoption of
150	157		an order dividing the district, the district shall file the order
151	158		with the commission and record the order in the real property
152	159		records of each county in which the district is located.
153	160		(h) Any new district created by the division of the district
154	161		shall hold a confirmation and directors' election as required by
155	162		Section 8086.0103.
156	163		(i) If the creation of the new district is confirmed, the
157	164		new district shall provide the election date and results to the
158	165		commission.
159	166		(j) Any new district created by the division of the district
160	167		must hold an election as required by this chapter to obtain voter
161	168		approval before the district may impose a maintenance tax or issue
162	169		bonds payable wholly or partly from ad valorem taxes.
163	170		(k) Municipal consent to the creation of the district and to
164	171		the inclusion of land in the district granted under Section
165	172		8086.0104 acts as municipal consent to the creation of any new
166	173		district created by the division of the district and to the
167	174		inclusion of land in the new district.
168	175		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
169	176		Sec. 8086.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
170	177		The district may issue, without an election, bonds and other
171	178		obligations secured by:
172	179		(1) revenue other than ad valorem taxes; or
173	180		(2) contract payments described by Section 8086.0403.
174	181		(b) The district must hold an election in the manner
175	182		provided by Chapters 49 and 54, Water Code, to obtain voter approval
176	183		before the district may impose an ad valorem tax or issue bonds
177	184		payable from ad valorem taxes.
178	185		(c) The district may not issue bonds payable from ad valorem
179	186		taxes to finance a road project unless the issuance is approved by a
180	187		vote of a two-thirds majority of the district voters voting at an
181	188		election held for that purpose.
182	189		Sec. 8086.0402. OPERATION AND MAINTENANCE TAX. (a) If
183	190		authorized at an election held under Section 8086.0401, the
184	191		district may impose an operation and maintenance tax on taxable
185	192		property in the district in accordance with Section 49.107, Water
186	193		Code.
187	194		(b) The board shall determine the tax rate. The rate may not
188	195		exceed the rate approved at the election.
189	196		Sec. 8086.0403. CONTRACT TAXES. (a) In accordance with
190	197		Section 49.108, Water Code, the district may impose a tax other than
191	198		an operation and maintenance tax and use the revenue derived from
192	199		the tax to make payments under a contract after the provisions of
193	200		the contract have been approved by a majority of the district voters
194	201		voting at an election held for that purpose.
195	202		(b) A contract approved by the district voters may contain a
196	203		provision stating that the contract may be modified or amended by
197	204		the board without further voter approval.
198	205		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
199	206		Sec. 8086.0501. AUTHORITY TO ISSUE BONDS AND OTHER
200	207		OBLIGATIONS. The district may issue bonds or other obligations
201	208		payable wholly or partly from ad valorem taxes, impact fees,
202	209		revenue, contract payments, grants, or other district money, or any
203	210		combination of those sources, to pay for any authorized district
204	211		purpose.
205	212		Sec. 8086.0502. TAXES FOR BONDS. At the time the district
206	213		issues bonds payable wholly or partly from ad valorem taxes, the
207	214		board shall provide for the annual imposition of a continuing
208	215		direct ad valorem tax, without limit as to rate or amount, while all
209	216		or part of the bonds are outstanding as required and in the manner
210	217		provided by Sections 54.601 and 54.602, Water Code.
211	218		Sec. 8086.0503. BONDS FOR ROAD PROJECTS. At the time of
212	219		issuance, the total principal amount of bonds or other obligations
213	220		issued or incurred to finance road projects and payable from ad
214	221		valorem taxes may not exceed one-fourth of the assessed value of the
215	222		real property in the district.
216	223		SECTION 2. The Montgomery County Municipal Utility District
217	224		No. 178 initially includes all the territory contained in the
218	225		following area:
219	226		Being 133.0 acres of land in the F. K. Henderson Survey,
220	227		Abstract 248, Montgomery County, Texas, and being a portion of the
221	228		116.9 acre tract ("First Tract") and a portion of the 139.78 acre
222	229		tract ("Second Tract") described in the deed from Otway Taylor, et
223	230		al., to Geo. B. Darden recorded in Volume 258, Page 84 of the
224	231		Official Public Records of Real Property of Montgomery County,
225	232		Texas, also described in deed from Geo. B. Darden conveying 50%
226	233		interest in the above referenced tracts to W. T. Moran recorded in
227	234		Volume 285, Page 598 of the Official Public Records of Real Property
228	235		of Montgomery County, Texas, and being a portion of the 34 acre
229	236		tract described in deed from Geo. B. Darden conveying 50% interest
230	237		in said 34 acre tract to W. T. Moran recorded in Volume 285, Page 598
231	238		of the Official Public Records of Real Property of Montgomery
232	239		County, Texas, and being more particularly described by metes and
233	240		bounds as follows with bearings based on the Texas Coordinate
234	241		System of 1983, Central Zone:
235	242		BEGINNING at a 1-inch pinched top pipe found for the most
236	243		southerly corner of the called 4.4 acre tract described in the deed
237	244		to Bessie Ingrum, et al., recorded in Volume 613, Page 166 of the
238	245		Official Public Records of Real Property of Montgomery County,
239	246		Texas, and being on the existing east right-of-way line of
240	247		Interstate Highway 45 (width varies) described in Volume 495, Page
241	248		593 of the Montgomery County Deed Records and being a southwesterly
242	249		corner of the herein described tract;
243	250		THENCE North 72° 02' 04" East - 775.42 feet, with the
244	251		southerly line of said called 4.4 acre tract to a 5-inch metal post
245	252		at a barbed wire fence corner found for the most easterly corner of
246	253		said called 4.4 acre tract;
247	254		THENCE North 18° 13' 40" West - 258.57 feet, with the easterly
248	255		line of said called 4.4 acre tract to a 3/4-inch pinched top pipe
249	256		found for the most northerly corner of said called 4.4 acre tract
250	257		and being the most easterly corner of the called 20.478 acre tract
251	258		described in deed to O. G. Williams recorded under Volume 613, Page
252	259		166 of the Official Public Records of Real Property of Montgomery
253	260		County, Texas;
254	261		THENCE North 18° 04' 15" West - 1902.34 feet, with the
255	262		easterly line of said called 20.478 acre tract to a 5-inch metal
256	263		post at a barbed wire fence corner found for the most northerly
257	264		corner of said called 20.478 acre tract, being the northwest corner
258	265		of the herein described tract and being on the southeasterly line
259	266		of the 184 acre tract described in deed to W. T. Moran recorded in
260	267		Volume 225, Page 324 of the Montgomery County Deed Records, and from
261	268		which point a 1-inch pinched top pipe found on the existing east
262	269		right-of-way line of said Interstate Highway 45 bears South 72° 30'
263	270		01" West - 239.16 feet;
264	271		THENCE North 72° 30' 01" East, at a distance of 2178.53 feet
265	272		pass a found 1-1/4 inch iron pipe, in all a total distance of
266	273		2996.55 feet to a 5/8-inch iron rod with cap stamped "IDS" set for
267	274		an angle point in the center of the 50-feet wide Gulf States
268	275		Utilities Company easement recorded in Volume 117, Page 578 of the
269	276		Montgomery County Deed Records;
270	277		THENCE North 18° 25' 50" West - 150.08 feet, with the
271	278		centerline of said 50-feet wide easement, to a 4-inch metal pole in
272	279		concrete found for the west corner of the 6.000 acre tract described
273	280		in deed to Andrew Scott Munson recorded in File Number 2002-114531
274	281		of the Official Public Records of Real Property of Montgomery
275	282		County, Texas;
276	283		THENCE South 77° 55' 33" East - 628.35 feet, with the
277	284		southerly line of said 6.000 acre tract to a 5/8-inch iron rod with
278	285		cap stamped "IDS" set for an angle point and being the north corner
279	286		of the 1.724 acre tract described in deed to Boardman Lee Munson
280	287		recorded in File Number 2005-039674 of the Official Public Records
281	288		of Real Property of Montgomery County, Texas;
282	289		THENCE South 13° 15' 38" West - 410.25 feet, with the westerly
283	290		line of said 1.724 acre tract and subsequently the westerly line of
284	291		the 2.00 acre tract described in deed to S.R.S. FAMILY, L.P.
285	292		recorded in File Number 2016-072723 of the Official Public Records
286	293		of Real Property of Montgomery County, Texas, to a 5/8-inch iron rod
287	294		found for the southwest corner of said 2.00 acre tract and being an
288	295		interior corner of the herein described tract;
289	296		THENCE South 76° 38' 05" East - 418.77 feet, with the south
290	297		line of said 2.00 acre tract, to a 1/2-inch iron rod found for the
291	298		southeast corner of said 2.00 acre tract and being on the westerly
292	299		right-of-way line of State Highway 75 (width varies);
293	300		THENCE South 11° 56' 11" West - 641.18 feet, with the westerly
294	301		right-of-way line of State Highway 75, to a 1/2-inch iron rod with
295	302		cap stamped "JEFF MOON" found for the northeast corner of the
296	303		30-feet wide access easement described in deed to City of Willis
297	304		recorded in Volume 949, Page 600 of the Official Public Records of
298	305		Real Property of Montgomery County, Texas;
299	306		THENCE North 76° 39' 50" West - 170.90 feet, with the north
300	307		line of said 30-feet wide access easement, to a 1/2-inch iron rod
301	308		with cap stamped "JEFF MOON" found for the beginning of a curve to
302	309		the left;
303	310		THENCE in a southwesterly direction, with the north line of
304	311		said 30-feet wide easement and with said curve to the left, having a
305	312		radius of 275.00 feet, a central angle of 29° 50' 00", a chord
306	313		bearing and distance of South 88° 25' 13" West - 141.58 feet, and an
307	314		arc distance of 143.19 feet to a 1/2-inch iron rod (bent) found for
308	315		the end of said curve;
309	316		THENCE South 73° 30' 13" West - 376.45 feet, continuing with
310	317		the north line of said 30-feet wide easement, to a 5/8-inch iron rod
311	318		(bent) found for the northwest corner of said 30-feet wide easement
312	319		and being the northeast corner of a 4.3668 acre tract described in
313	320		deed to City of Willis recorded in File Number Volume 949, Page 593
314	321		of the Official Public Records of Real Property of Montgomery
315	322		County, Texas;
316	323		THENCE South 73° 27' 30" West - 549.83 feet, with the north
317	324		line of 4.3668 acre tract to a 5/8- inch iron rod found for the
318	325		northwest corner of said 4.3668 acre tract;
319	326		THENCE South 16° 08' 36" East - 74.20 feet, with a westerly
320	327		line of said 4.3668 acre tract, to the centerline of East Fork of
321	328		Crystal Creek and being a northerly corner of the called 56.537 acre
322	329		tract described in deed to WILLIS INDEPENDENT SCHOOL DISTRICT
323	330		recorded in File Number 2009-075919 of the Official Public Records
324	331		of Real Property of Montgomery County, Texas;
325	332		THENCE upstream with the centerline meanders of East Fork of
326	333		Crystal Creek and the northerly lines of said 56.537 acre tract the
327	334		following courses and distances:
328	335		South 70° 35' 11" West - 33.39 feet to a point;
329	336		North 80° 32' 26" West - 73.75 feet to a point;
330	337		South 71° 37' 44" West - 71.55 feet to a point;
331	338		North 37° 39' 44" West - 193.05 feet to a point;
332	339		North 75° 27' 42" West - 15.78 feet to a point;
333	340		South 79° 52' 36" West - 16.52 feet to a point;
334	341		North 21° 05' 06" West - 17.97 feet to a point;
335	342		North 36° 24' 29" East - 31.20 feet to a point;
336	343		North 75° 23' 22" West - 89.92 feet to a point;
337	344		North 72° 00' 47" West - 54.68 feet to a point;
338	345		North 26° 03' 42" East - 25.75 feet to a point;
339	346		North 61° 20' 29" East - 42.65 feet to a point;
340	347		North 15° 26' 24" West - 11.68 feet to a point;
341	348		North 53° 00' 21" West - 53.87 feet to a point;
342	349		South 58° 16' 00" West - 20.71 feet to a point;
343	350		North 79° 26' 57" West - 16.65 feet to a point;
344	351		North 48° 21' 09" West - 27.21 feet to a point;
345	352		North 18° 36' 35" West - 37.64 feet to a point;
346	353		North 15° 59' 52" West - 45.67 feet to a point;
347	354		North 30° 02' 36" West - 11.21 feet to a point;
348	355		North 72° 54' 49" West - 31.82 feet to a point;
349	356		North 86° 21' 07'' West - 28.71 feet to a point;
350	357		THENCE with westerly lines of said 56.537 acre tract and
351	358		interior lines of the herein described tract the following courses
352	359		and distances:
353	360		South 60° 52' 13" West - 439.62 feet to a 5/8-inch iron
354	361		rod with cap stamped "M&A" found for an angle corner;
355	362		South 12° 53' 19" West - 1415.35 feet to a 5/8-inch iron
356	363		rod with cap stamped "M&A" found for an angle corner;
357	364		South 22° 51' 04" East - 900.35 feet to a 5/8-inch iron
358	365		rod with cap stamped "M&A" found for an angle corner;
359	366		South 15° 52' 57'' East - 478.23 feet to a 5/8-inch iron
360	367		rod with cap stamped "IDS" set on the arc of a non-tangent
361	368		curve to the left and being on the north right-of-way line of
362	369		FM 830 (120-feet wide) recorded in Volume 563, Page 60 of the
363	370		Official Public Records of Real Property of Montgomery
364	371		County, Texas;
365	372		THENCE in a southwesterly direction, with the north
366	373		right-of-way line of FM 830 and said curve to the left, having a
367	374		radius of 2925.00 feet, a central angle of 03° 30' 20", a chord
368	375		bearing and distance of South 87° 37' 26" West - 178.93 feet, and an
369	376		arc distance of 178.96 feet to a TxDOT concrete monument found for
370	377		the end of said curve;
371	378		THENCE South 85° 52' 16" West - 902.35 feet, continuing with
372	379		the north right-of-way line of FM 830, to the south corner of a
373	380		cutback line at the intersection of the north right-of-way line of
374	381		FM 830 and the easterly right-of-way line of said Interstate
375	382		Highway 45, from which point a TxDOT concrete monument bears South
376	383		46° 39' 14" East - 1.07 feet;
377	384		THENCE North 39° 05' 47" West - 67.43 feet, with said cutback
378	385		line, to the north corner of said cutback line and the easterly
379	386		right-of-way line of said Interstate Highway 45, being the
380	387		beginning of a non-tangent curve to the left, from which point a
381	388		TxDOT concrete monument bears South 72° 08' 45" East - 0.46 feet;
382	389		THENCE in a northwesterly direction, with the easterly
383	390		right-of-way line of said Interstate Highway 45 and with said curve
384	391		to the left, having a radius of 285.00 feet, a central angle of 64°
385	392		59' 58", a chord bearing and distance of North 36° 39' 22" West -
386	393		306.26 feet, and an arc distance of 323.32 feet to the end of said
387	394		curve from which point a TxDOT concrete monument bears South 48° 43'
388	395		13" East - 0.51 feet;
389	396		THENCE North 69° 09' 21" West - 272.82 feet, continuing with
390	397		the easterly right-of-way line of said Interstate Highway 45 to a
391	398		TxDOT concrete monument found for the beginning of a curve to the
392	399		right;
393	400		THENCE in a northwesterly direction, continuing with the
394	401		easterly right-of-way line of said Interstate Highway 45 and with
395	402		said curve to the right, having a radius of 177.00 feet, a central
396	403		angle of 65° 00' 00", a chord bearing and distance of North 36° 39'
397	404		21" West - 190.20 feet, and an arc distance of 200.80 feet to a TxDOT
398	405		concrete monument found for the end of said curve;
399	406		THENCE North 04° 09' 21" West - 214.21 feet, continuing with
400	407		the easterly right-of-way line of said Interstate Highway 45, to
401	408		the POINT OF BEGINNING and containing 133.0 acres of land.
402	409		SECTION 3. (a) The legal notice of the intention to
403	410		introduce this Act, setting forth the general substance of this
404	411		Act, has been published as provided by law, and the notice and a
405	412		copy of this Act have been furnished to all persons, agencies,
406	413		officials, or entities to which they are required to be furnished
407	414		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
408	415		Government Code.
409	416		(b) The governor, one of the required recipients, has
410	417		submitted the notice and Act to the Texas Commission on
411	418		Environmental Quality.
412	419		(c) The Texas Commission on Environmental Quality has filed
413	420		its recommendations relating to this Act with the governor, the
414	421		lieutenant governor, and the speaker of the house of
415	422		representatives within the required time.
416	423		(d) All requirements of the constitution and laws of this
417	424		state and the rules and procedures of the legislature with respect
418	425		to the notice, introduction, and passage of this Act are fulfilled
419	426		and accomplished.
420	427		SECTION 4. (a) If this Act does not receive a two-thirds
421	428		vote of all the members elected to each house, Subchapter C, Chapter
422	429		8086, Special District Local Laws Code, as added by Section 1 of
423	430		this Act, is amended by adding Section 8086.0307 to read as follows:
424	431		Sec. 8086.0307. NO EMINENT DOMAIN POWER. The district may
425	432		not exercise the power of eminent domain.
426	433		(b) This section is not intended to be an expression of a
427	434		legislative interpretation of the requirements of Section 17(c),
428	435		Article I, Texas Constitution.
429	436		SECTION 5. This Act takes effect immediately if it receives
430	437		a vote of two-thirds of all the members elected to each house, as
431	438		provided by Section 39, Article III, Texas Constitution. If this
432	439		Act does not receive the vote necessary for immediate effect, this
433	440		Act takes effect September 1, 2019.
434		-	______________________________ ______________________________
435		-	President of the Senate Speaker of the House
436		-	I certify that H.B. No. 4505 was passed by the House on May 3,
437		-	2019, by the following vote: Yeas 124, Nays 16, 2 present, not
438		-	voting.
439		-	______________________________
440		-	Chief Clerk of the House
441		-	I certify that H.B. No. 4505 was passed by the Senate on May
442		-	22, 2019, by the following vote: Yeas 30, Nays 1.
443		-	______________________________
444		-	Secretary of the Senate
445		-	APPROVED: _____________________
446		-	Date
447		-	_____________________
448		-	Governor
	441	+	* * * * *