Texas 2019 - 86th Regular

Texas House Bill HB4670 Compare Versions

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

Old	New	Differences
1	1	86R13466 AAF-F
2	2	By: Thompson of Brazoria H.B. No. 4670
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Brazoria County Municipal Utility
8	8	District No. 76; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8099 to read as follows:
14	14	CHAPTER 8099. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 76
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8099.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Brazoria County Municipal
22	22	Utility District No. 76.
23	23	Sec. 8099.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8099.0103. CONFIRMATION AND DIRECTOR ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 8099.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	8099.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 8099.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8099.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 8099.0201. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 8099.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8099.0202. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Timothy White;
66	66	(2) Lyle Klingbeil;
67	67	(3) Jennifer Vaughan;
68	68	(4) Maria George; and
69	69	(5) Hunter Waneck.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8099.0103; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8099.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8099.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8099.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8099.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8099.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 8099.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 8099.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	120	ORDINANCE OR RESOLUTION. The district shall comply with all
121	121	applicable requirements of any ordinance or resolution that is
122	122	adopted under Section 54.016 or 54.0165, Water Code, and that
123	123	consents to the creation of the district or to the inclusion of land
124	124	in the district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 8099.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	127	The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 8099.0403.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 8099.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8099.0401, the
141	141	district may impose an operation and maintenance tax on taxable
142	142	property in the district in accordance with Section 49.107, Water
143	143	Code.
144	144	(b) The board shall determine the tax rate. The rate may not
145	145	exceed the rate approved at the election.
146	146	Sec. 8099.0403. CONTRACT TAXES. (a) In accordance with
147	147	Section 49.108, Water Code, the district may impose a tax other than
148	148	an operation and maintenance tax and use the revenue derived from
149	149	the tax to make payments under a contract after the provisions of
150	150	the contract have been approved by a majority of the district voters
151	151	voting at an election held for that purpose.
152	152	(b) A contract approved by the district voters may contain a
153	153	provision stating that the contract may be modified or amended by
154	154	the board without further voter approval.
155	155	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	156	Sec. 8099.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	157	OBLIGATIONS. The district may issue bonds or other obligations
158	158	payable wholly or partly from ad valorem taxes, impact fees,
159	159	revenue, contract payments, grants, or other district money, or any
160	160	combination of those sources, to pay for any authorized district
161	161	purpose.
162	162	Sec. 8099.0502. TAXES FOR BONDS. At the time the district
163	163	issues bonds payable wholly or partly from ad valorem taxes, the
164	164	board shall provide for the annual imposition of a continuing
165	165	direct ad valorem tax, without limit as to rate or amount, while all
166	166	or part of the bonds are outstanding as required and in the manner
167	167	provided by Sections 54.601 and 54.602, Water Code.
168	168	Sec. 8099.0503. BONDS FOR ROAD PROJECTS. At the time of
169	169	issuance, the total principal amount of bonds or other obligations
170	170	issued or incurred to finance road projects and payable from ad
171	171	valorem taxes may not exceed one-fourth of the assessed value of the
172	172	real property in the district.
173	173	SECTION 2. The Brazoria County Municipal Utility District
174	174	No. 76 initially includes all the territory contained in the
175	175	following area:
176	176	TRACT 1
177	177	FIELD NOTES OF AN 80.41 ACRE TRACT OUT OF AN 83.72 ACRE TRACT
178	178	OUT OF A 121.90 ACRE TRACT IN THE ANDREW ROBERTS LABOR, ABSTRACT
179	179	363, BRAZORIA COUNTY, TEXAS; SAID 121.90 ACRE TRACT BEING THAT
180	180	TRACT DESCRIBED IN A DEED RECORDED IN VOLUME 735, PAGE 629 OF THE
181	181	DEED RECORDS OF BRAZORIA COUNTY, TEXAS; AND SAID 80.41 ACRE TRACT
182	182	BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
183	183	COMMENCING at a 1/2" iron rod found in the East line of the
184	184	William Roberts League, Abstract 124, Brazoria County, Texas; said
185	185	rod marking the Northwest corner of the Andrew Roberts Labor,
186	186	Abstract 363, Brazoria County, Texas;
187	187	THENCE; North 88° 13' East 94.63 feet, along the North line of
188	188	the Andrew Roberts Labor, Abstract 363, to a 1/2" iron pipe found
189	189	for the place of beginning of the herein described tract; said pipe
190	190	also marking the Northeast corner of a 91.41 acre tract in the
191	191	Andrew Roberts Labor, Abstract 363;
192	192	THENCE; North 89° 19' 51" East 2328.77 feet, along the North
193	193	line of the Andrew Roberts Labor, Abstract 363, to a 1/2" iron rod
194	194	with cap stamped "RSTROUD RPLS 2112" found for corner in the West
195	195	right-of-way line of the State Highway 288 Freeway;
196	196	THENCE; South 0° 23' 56" East 627.04 feet, along the West
197	197	right-of-way line of the State Highway 288 Freeway, to a concrete
198	198	right-of-way monument found for angle point;
199	199	THENCE; South 0° 02' 56" West 1096.29 feet, along the West
200	200	right-of-way line of the State Highway 288 Freeway, to a 1/2" iron
201	201	rod found for corner at the Northeast corner of the Angleton
202	202	Drainage District 3.32 acre tract described in County Clerk's
203	203	Document No. 2014-024678 of the Official Records of Brazoria
204	204	County, Texas;
205	205	THENCE; North 80° 57' West 87.55 feet, along the North line of
206	206	said 3.32 acre tract, to a 1/2" iron rod with cap stamped "RPLS 2112
207	207	RPLS 6017" found for corner at the Northwest corner of said 3.32
208	208	acre tract;
209	209	THENCE; South 5° 08' 13" West 1408.09 feet (called 1400.09
210	210	feet), along the West line of said 3.32 acre tract, to a concrete
211	211	right-of-way monument found for corner; said monument marking the
212	212	Southwest corner of said 3.32 acre tract;
213	213	THENCE; South 1° 23' 59" West 61.07 feet, along the West
214	214	right-of-way line of State Highway 288 Freeway, to a concrete
215	215	monument found for corner in the South line of the Andrew Roberts
216	216	Labor, Abstract 363;
217	217	THENCE; South 89° 18' 30" West 769.14 feet, along the South
218	218	line of the Andrew Roberts Labor, Abstract 363, to a point for
219	219	corner at the Southeast corner of said 91.41 acre tract;
220	220	THENCE; North 0° 11' 54" East, at 55.01 feet pass a 1/2" iron
221	221	rod found in the North right-of-way fence of a closed portion of
222	222	Belk Road, and continue to a total distance of 2711.40 feet to a
223	223	1/2" iron rod with cap stamped "R STROUD RPLS 2112" found for corner
224	224	at the Easterly Northeast corner of said 91.41 acre tract;
225	225	THENCE; South 89° 19' 51" West 1359.50 feet, along the common
226	226	line with said 91.41 acre tract, to a 1/2" iron pipe found for
227	227	corner;
228	228	THENCE; North 0° 08' 09" East 459.60 feet, along the common
229	229	line with said 91.41 acre tract, to the place of beginning.
230	230	Said tract therein containing 80.41 acres of land.
231	231	The reference bearing for this survey is the North line of the
232	232	S. J. Jamison 100 acre tract as described in a deed recorded in
233	233	Volume 578, Page 443 of the Deed Records of Brazoria County, Texas.
234	234	The bearing of the North line for reference is South 89° 47' West.
235	235	TRACT 2
236	236	FIELD NOTES OF A 5.62 ACRE TRACT, CALLED TRACT 161A, AND BEING
237	237	THAT PORTION LYING WEST OF STATE HIGHWAY 288 FREEWAY OF A NINE ACRE
238	238	TRACT CONVEYED TO BRAZORIA COUNTY FROM J. D. CANNAN, TRUSTEE, BY
239	239	DEED DATED AUGUST 9, 1897 AND RECORDED IN VOLUME 42, PAGE 235 OF THE
240	240	DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING MORE PARTICULARLY
241	241	DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
242	242	BEGINNING at a 1/2" iron rod found at the intersection of the
243	243	South line of said nine acre tract with the West right-of-way line
244	244	of the State Highway 288 Freeway;
245	245	THENCE; North 0° 04' 38" East 971.25 feet, along the West
246	246	right-of-way line of the State Highway 288 Freeway, to a 1/2" iron
247	247	rod fond for corner of a called 0.269 acre tract previously cut out
248	248	of said nine acre tract;
249	249	THENCE; South 88° 07' 44" West 258.76 feet, along the South
250	250	line of said called 0.269 acre tract, to a 1/2" iron rod found for
251	251	corner in the West line of said nine acre tract;
252	252	THENCE; South 0° 33' 01" East 962.86 feet, along the West line
253	253	of said nine acre tract, to a 1/2" iron rod found marking the
254	254	Southwest corner of said nine acre tract;
255	255	THENCE; South 89° 59' 36" East 248.07 feet, along the South
256	256	line of said nine acre tract, to the place of beginning.
257	257	Said tract therein containing 5.62 acres of land.
258	258	The reference bearing for this survey is the North line of the
259	259	S. J. Jamison 100 acre tract in the William Roberts League, Abstract
260	260	124, as described in a deed recorded in Volume 578, Page 443 of the
261	261	Deed Records of Brazoria County, Texas. The bearing of the line is
262	262	South 89° 47' West.
263	263	TRACT 3
264	264	FIELD NOTES OF AN 85.95 ACRE TRACT OUT OF A 91.41 ACRE TRACT
265	265	IN THE ANDREW ROBERTS LABOR, ABSTRACT 363, BRAZORIA COUNTY, TEXAS;
266	266	SAID 91.41 ACRES BEING THAT SAME TRACT (CALLED 91.9 ACRES)
267	267	DESCRIBED AS "SECOND TRACT" IN THAT CERTAIN DEED RECORDED IN VOLUME
268	268	406, PAGE 99 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND SAID
269	269	85.95 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
270	270	BOUNDS AS FOLLOWS:
271	271	COMMENCING at a 1/2" iron rod found at the Southwest corner of
272	272	the Andrew Roberts Labor, Abstract 363; said rod being in the South
273	273	right-of-way line of Belk Road (County Road 28);
274	274	THENCE; North 89° 19' 01" East 75.01 feet, along the South
275	275	line of Belk Road, to a 1/2" iron rod set in the East line of a 75
276	276	foot Drainage Easement, for the place of beginning of the herein
277	277	described tract; said Drainage Easement being described in a deed
278	278	recorded in File 2013-033166 of the Official Records of Brazoria
279	279	County, Texas;
280	280	THENCE; North 0° 08' 09" East, along the East line of said 75
281	281	foot Drainage Easement, at 55.57 feet pass a 1/2" iron rod found in
282	282	the North right-of-way line of Belk Road, and continue to a total
283	283	distance of 3170.85 feet to a 1/2" iron rod found for corner in the
284	284	Most northerly North line of said 91.41 acre tract in the North line
285	285	of the Andrew Roberts Labor, Abstract 363;
286	286	THENCE; North 88° 13' East 19.60 feet, along the North line of
287	287	the Andrew Roberts Labor, to a 1/2" iron pipe found for corner at
288	288	the most northerly Northeast corner of said 91.41 acre tract;
289	289	THENCE; South 0° 08' 09" West 459.6 feet to a 1/2" iron pipe
290	290	found for corner;
291	291	THENCE; North 89° 19' 51" East 1359.60 feet to a 1/2" iron rod
292	292	found for corner;
293	293	THENCE; South 0° 11' 54" West, along a barbed wire fence, at
294	294	2656.39 feet pass a 1/2" iron rod found on line in the North
295	295	right-of-way fence of a closed portion of Belk Road, and continue to
296	296	a total distance of 2711.4 feet to a point for corner in the South
297	297	line of the Andrew Roberts Labor, Abstract 363;
298	298	THENCE; South 89° 19' 10" West 1376.13 feet, along the South
299	299	line of the Andrew Roberts labor, Abstract 363, to the place of
300	300	beginning.
301	301	Said tract therein containing 85.95 acres of land.
302	302	The reference bearing for this survey is the North line of the
303	303	S. J. Jamison 100 acre tract in the William Roberts League, Abstract
304	304	124, as described in a deed recorded in Volume 578, Page 443 of the
305	305	Deed Records of Brazoria County, Texas. The bearing of the North
306	306	line, for reference, is South 89° 47' West.
307	307	TRACT 4
308	308	FIELD NOTES OF A 132.13 ACRE TRACT OUT OF A 134.73 ACRE TRACT
309	309	OUT OF TRACT 158 (50 ACRES, VOLUME 989, PAGE 287, BRAZORIA COUNTY
310	310	DEED RECORDS) AND TRACT 159 (100 ACRES, VOLUME 226, PAGE 256,
311	311	BRAZORIA COUNTY DEED RECORDS) OUT OF THE JOSE DE JESUS VALDERAS
312	312	SURVEY, ABSTRACT 380, BRAZORIA COUNTY, TEXAS, AND BEING MORE
313	313	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
314	314	BEGINNING at a 1/2" iron rod found at the intersection of the
315	315	West line of the Jose de Jesus Valderas Survey, Abstract 380, with
316	316	the South line of a 31.74 acre tract described in a deed recorded in
317	317	File 1997-006563 of the Official Records of Brazoria County, Texas;
318	318	THENCE; North 88° 29' 40" East 350.83 feet, along the South
319	319	line of said 31.74 acre tract, to a 1/2" iron rod found for corner at
320	320	the Southeast corner of said 31.74 acre tract;
321	321	THENCE; North 1° 33' 32" West 923.92 feet, along the East line
322	322	of said 31.74 acre tract, to a 1/2" iron rod found for corner in the
323	323	South line of a called 1.810 acre tract conveyed to the City of
324	324	Angleton by deed recorded in File 1997-022173 of the Official
325	325	Records of Brazoria County, Texas;
326	326	THENCE; North 88° 30' 36" East 747.51 feet, along the south
327	327	line of said 1.810 acre tract, to a 1/2" iron rod found for angle
328	328	point;
329	329	THENCE; North 88° 36' 36" East 1088.22 feet, along the South
330	330	line of said called 1.810 acre tract, to a 1/2" iron rod found for
331	331	corner at the Southeast corner of said called 1.810 acre tract; said
332	332	rod also being in the West line of a called nine acre tract conveyed
333	333	to Brazoria County by deed recorded in Volume 35, Page 457 of the
334	334	Deed Records of Brazoria County, Texas;
335	335	THENCE; South 0° 33' 01" East, along the West line of said nine
336	336	acre tract, at 4.96 feet pass a 1/2" iron rod found marking the
337	337	Southwest corner of a 0.269 acre tract out of said nine acre tract,
338	338	and continue to a total distance of 967.82 feet to a 1/2" iron rod
339	339	found for corner at the Southwest corner of said nine acre tract;
340	340	THENCE; South 89° 59' 36" East 248.07 feet, along the South
341	341	line of said nine acre tract, to a 1/2" iron rod found for corner at
342	342	the intersection of said South line with the West right-of-way line
343	343	of the State Highway 288 Freeway;
344	344	THENCE; South 0° 00' 52" West 324.64 feet, along the West
345	345	right-of-way line of the State Highway 288 Freeway, to a concrete
346	346	right-of-way monument found for angle point;
347	347	THENCE; South 0° 05' 06" West 1000.53 feet, along the West
348	348	right-of-way line of the State Highway 288 Freeway, to a concrete
349	349	right-of-way monument found for angle point;
350	350	THENCE; South 0° 23' 56" East 373.19 feet, along the West
351	351	right-of-way line of the State Highway 288 Freeway, to a 1/2" iron
352	352	rod found for corner in the North line of the Andrew Roberts labor,
353	353	Abstract 363;
354	354	THENCE; South 89° 19' 51" West 2328.77 feet, along the north
355	355	line of the Andrew Roberts Labor, Abstract 363, to a 1/2" iron pipe
356	356	found marking the Northeast corner of a 91.41 acre tract out of said
357	357	Abstract 363;
358	358	THENCE; South 88° 13' West 19.60 feet, along the North line of
359	359	said 91.41 acre tract, and the North line of the Andrew Roberts
360	360	Labor, Abstract 363, to a 1/2" iron rod found for corner in the East
361	361	line of a 75 foot Drainage Easement (2.89 acres) as described in a
362	362	deed recorded in File 2013-033166 of the Official Records of
363	363	Brazoria County, Texas;
364	364	THENCE; North 0° 08' 09" East, along the East line of said 75
365	365	foot Drainage Easement, for a distance of a 1397.41 feet to a 1/2"
366	366	iron rod found for angle point in the East line of said 75 foot
367	367	Drainage Easement;
368	368	THENCE; North 17° 51' 44" West 242.73 feet, along the East
369	369	line of said 75 foot Drainage Easement, to a 1/2" iron rod found for
370	370	corner ibn the West line of said 134.73 acre tract; said rod also
371	371	being in the West line of the Jose de Jesus Valderas Survey,
372	372	Abstract 380, and the East line of the William Roberts League,
373	373	Abstract 124;
374	374	THENCE; North 0° 08' 09" East 86.89 feet, along the West line
375	375	of said 134.73 acre tract, to the place of beginning
376	376	Said tract therein containing 132.13 acres of land.
377	377	The reference bearing for this survey is the North line of the
378	378	S. J. Jamison 100 acre tract in the William Roberts League, Abstract
379	379	124, as described in a deed recorded in Volume 578, Page 443 of the
380	380	Deed Records of Brazoria County, Texas. The bearing of the North
381	381	line, for reference, is South 89° 47' West.
382	382	SECTION 3. (a) The legal notice of the intention to
383	383	introduce this Act, setting forth the general substance of this
384	384	Act, has been published as provided by law, and the notice and a
385	385	copy of this Act have been furnished to all persons, agencies,
386	386	officials, or entities to which they are required to be furnished
387	387	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
388	388	Government Code.
389	389	(b) The governor, one of the required recipients, has
390	390	submitted the notice and Act to the Texas Commission on
391	391	Environmental Quality.
392	392	(c) The Texas Commission on Environmental Quality has filed
393	393	its recommendations relating to this Act with the governor, the
394	394	lieutenant governor, and the speaker of the house of
395	395	representatives within the required time.
396	396	(d) All requirements of the constitution and laws of this
397	397	state and the rules and procedures of the legislature with respect
398	398	to the notice, introduction, and passage of this Act are fulfilled
399	399	and accomplished.
400	400	SECTION 4. (a) If this Act does not receive a two-thirds
401	401	vote of all the members elected to each house, Subchapter C, Chapter
402	402	8099, Special District Local Laws Code, as added by Section 1 of
403	403	this Act, is amended by adding Section 8099.0306 to read as follows:
404	404	Sec. 8099.0306. NO EMINENT DOMAIN POWER. The district may
405	405	not exercise the power of eminent domain.
406	406	(b) This section is not intended to be an expression of a
407	407	legislative interpretation of the requirements of Section 17(c),
408	408	Article I, Texas Constitution.
409	409	SECTION 5. This Act takes effect immediately if it receives
410	410	a vote of two-thirds of all the members elected to each house, as
411	411	provided by Section 39, Article III, Texas Constitution. If this
412	412	Act does not receive the vote necessary for immediate effect, this
413	413	Act takes effect September 1, 2019.