Texas 2019 - 86th Regular

Texas House Bill HB4677 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4677
	1	+	By: Bell of Montgomery H.B. No. 4677
	2	+	(Senate Sponsor - Creighton)
	3	+	(In the Senate - Received from the House May 6, 2019;
	4	+	May 6, 2019, read first time and referred to Committee on
	5	+	Intergovernmental Relations; May 15, 2019, reported favorably by
	6	+	the following vote: Yeas 7, Nays 0; May 15, 2019, sent to 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. 161; 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 8089 to read as follows:
12	19		CHAPTER 8089. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 161
13	20		SUBCHAPTER A. GENERAL PROVISIONS
14	21		Sec. 8089.0101. 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. 161.
21	28		Sec. 8089.0102. 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. 8089.0103. 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. 8089.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	36		temporary directors may not hold an election under Section
30	37		8089.0103 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. 8089.0105. 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. 8089.0106. 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. 8089.0201. 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 8089.0202, directors
60	67		serve staggered four-year terms.
61	68		Sec. 8089.0202. TEMPORARY DIRECTORS. (a) On or after the
62	69		effective date of the Act enacting this chapter, the owner or owners
63	70		of a majority of the assessed value of the real property in the
64	71		district may submit a petition to the commission requesting that
65	72		the commission appoint as temporary directors the five persons
66	73		named in the petition. The commission shall appoint as temporary
67	74		directors the five persons named in the petition.
68	75		(b) Temporary directors serve until the earlier of:
69	76		(1) the date permanent directors are elected under
70	77		Section 8089.0103; 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 8089.0103 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 8089.0103; 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. 8089.0301. 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. 8089.0302. 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. 8089.0303. 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. 8089.0304. 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. 8089.0305. 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. 8089.0306. 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) A 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		8089.0103 to confirm the district's creation.
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 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) A new district created by the division of the district
154	161		shall hold a confirmation and directors' election as required by
155	162		Section 8089.0103.
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		8089.0104 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. 8089.0401. 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 8089.0403.
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. 8089.0402. OPERATION AND MAINTENANCE TAX. (a) If
183	190		authorized at an election held under Section 8089.0401, 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. 8089.0403. 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. 8089.0501. 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. 8089.0502. 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. 8089.0503. 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. 161 initially includes all the territory contained in the
218	225		following area:
219	226		A description of a 652 acre tract of land, located in the
220	227		Alfonzo Steel Survey, Abstract 477, the John Bricker Survey,
221	228		Abstract 98, the Gowan Harris Survey, Abstract 246, and the Lemuel
222	229		Smith Survey, Abstract 502, in Montgomery County, Texas; out of the
223	230		1835.060 acre tract of land referenced as Tract III, Parcel 2, and
224	231		out of the 191.470 acre tract of land referenced as Tract II, Parcel
225	232		1 and out of the 105.594 acre tract of land referenced as Tract 2,
226	233		Parcel 4 described in the deed recorded under Document Number
227	234		2018042236 of the Official Public Records of Montgomery County,
228	235		Texas and more particularly described as follows:
229	236		BEGINNING at the south corner of said John Bricker Survey,
230	237		common to the east corner of said Gowan Harris Survey and the south
231	238		corner of said Tract 2, Parcel 4;
232	239		THENCE North 30° 26' 13" West - 3138.61, along the west line of
233	240		said Tract 2, Parcel 4, partially along the southwest line of said
234	241		John Bricker Survey, common to the northeast line of said Gowan
235	242		Harris Survey, to the intersection of said common line and the north
236	243		right-of-way line of State Highway 242 (Lazy River Road), and the
237	244		south line of aforesaid Tract III, Parcel 2, and the south line of
238	245		aforesaid Tract 2, Parcel 1, common to the point of non-tangent
239	246		curve to the right;
240	247		THENCE along said north right-of-way line, and along said
241	248		south line of said Tract III, Parcel 2, along said curve to the
242	249		right, 60.70', with a radius of 2565.25', a central angle of 01° 21'
243	250		21", and a chord bearing and distance of North 73° 32' 31" West -
244	251		60.70', to the end of curve;
245	252		THENCE continuing along said north right-of-way line, common
246	253		to the south line of said Tract 3, Parcel 2, the following twenty
247	254		(20) courses and distances:
248	255		North 72° 50' 00" West - 1063.30';
249	256		North 69° 00' 59" West - 299.06';
250	257		North 72° 47' 05" West - 101.02';
251	258		North 78° 40' 07" West - 99.47';
252	259		North 72° 47' 17" West - 201.25';
253	260		North 71° 52' 08" West - 299.75';
254	261		North 72° 59' 03" West - 100.41';
255	262		North 75° 32' 57" West - 99.82';
256	263		North 73° 01' 36" West - 511.85';
257	264		North 72° 53' 37" West - 586.90';
258	265		North 78° 36' 15" West - 100.50';
259	266		North 72° 53' 37" West - 314.28' to a point on a curve to
260	267		the left;
261	268		262.81', along said curve to the left, with a radius of
262	269		2954.79', a central angle of 05° 05' 46", and a chord bearing
263	270		and distance of North 75° 26' 30" West - 262.72' to the end of
264	271		curve;
265	272		North 75° 22' 06" West - 525.80';
266	273		South 81° 54' 27" West - 733.46';
267	274		South 76° 44' 39" West - 418.29';
268	275		South 69° 22' 36" West - 409.05;'
269	276		South 66° 28' 20" West - 300.00';
270	277		South 63° 36' 35" West - 300.37';
271	278		South 66° 28' 20" West - 799.40', to the intersection of
272	279		aforesaid north right-of-way line and the west line of an
273	280		electric transmission corridor, in the south line of
274	281		aforesaid Tract 3, Parcel 2;
275	282		THENCE North 52° 44' 18" West - 2544.15', along said electric
276	283		transmission corridor, to a point for corner;
277	284		THENCE North 43° 44' 05" West - 4153.21', continuing along
278	285		said electric transmission corridor, to the intersection of said
279	286		west corridor line and the northwest line of aforesaid Tract III,
280	287		Parcel 2;
281	288		THENCE North 59° 01' 30" East - 3444.33', along said northwest
282	289		line, to the west corner of the 37.61 acre tract described as
283	290		"First" tract in the partition deed recorded under Volume 583, Page
284	291		609, of the Deed Records of Montgomery County, Texas;
285	292		THENCE South 30° 15' 23" East - 1567.16', continuing along the
286	293		northeast line of aforesaid Tract III, Parcel 2, along the
287	294		southwest line of said "First" tract, and the southwest line of the
288	295		37.61 acre tract described as "Second" tract in the partition deed
289	296		recorded under Volume 583, Page 609, of the Deed Records of
290	297		Montgomery County, Texas, to the south corner of said "Second"
291	298		tract;
292	299		THENCE North 58° 50' 47" East - 1372.93', continuing along the
293	300		northwest line of said Tract III, Parcel 2, along the southeast line
294	301		of said "Second" tract, to a point for corner in said southeast line
295	302		of said "Second" tract;
296	303		THENCE South 30° 26' 27" East - 2772.87', to a point for
297	304		corner;
298	305		THENCE South 59° 25' 43" West - 1902.10' to a point for corner;
299	306		THENCE South 15° 49' 15" East - 1921.98' to a point which is
300	307		located three hundred feet north of the north right-of-way of
301	308		aforesaid State Highway 242;
302	309		THENCE along a line, three-hundred feet (300') north of
303	310		parallel with said north right-of-way line, the following
304	311		twenty-two (22) courses and distances:
305	312		North 66° 28' 20" East - 320.29';
306	313		North 63° 36' 35" East - 300.37';
307	314		North 66° 28' 20" East - 315.10';
308	315		North 69° 22' 36" East - 435.97';
309	316		North 76° 44' 39" East - 451.13';
310	317		North 81° 54' 27" East - 807.27';
311	318		South 75° 22' 06" East - 579.39' to the beginning of a
312	319		curve to the right;
313	320		282.46', along said curve to the right, with a radius of
314	321		3254.79', a central angle of 04° 58' 20", and a chord bearing
315	322		and distance of South 75° 22' 47" East - 282.37' to the end of
316	323		curve;
317	324		South 72° 53' 37" East - 299.32';
318	325		South 78° 36' 15" East - 100.50';
319	326		South 72° 53' 37" East - 601.51';
320	327		South 73° 01' 36" East - 504.90';
321	328		South 75° 32' 57" East - 99.73';
322	329		South 72° 59' 03" East - 110.05';
323	330		South 71° 52' 08" East - 300.26';
324	331		South 72° 47' 17" East - 183.43';
325	332		South 78° 40' 07" East - 99.48';
326	333		South 72° 47' 05" East - 126.31';
327	334		South 69° 00' 59" East - 298.93';
328	335		South 72° 50' 13" East - 1053.14' to the beginning of a
329	336		tangent curve to the left;
330	337		1655.03', along said curve to the left, with a radius of
331	338		2565.25', a central angle of 36° 57' 57", and a chord bearing
332	339		and distance of North 88° 37' 40" East - 1626.48' to the end of
333	340		curve;
334	341		North 70° 12' 35" East - 881.55';
335	342		THENCE North 67° 55' 52" East - 25.80', to the intersection of
336	343		said three hundred foot offset and the west right-of-way line of FM
337	344		1314 (Conroe Porter Road), and the east line of aforesaid Tract 2,
338	345		Parcel 1;
339	346		THENCE North 11° 00' 27" West - 587.98', continuing along said
340	347		west right-of-way line of FM 1314 (Conroe Porter Road), and the east
341	348		line of aforesaid Tract 2, Parcel 1, to a point for corner;
342	349		THENCE North 12° 31' 04" West - 2420.93', continuing along
343	350		said common line, and the east line of aforesaid Tract III, Parcel 2
344	351		to a point for corner;
345	352		THENCE North 12° 33' 22" West - 34.59', continuing along
346	353		aforesaid west right-of-way line of FM 1314 (Conroe Porter Road)
347	354		and the east line of aforesaid Tract III, Parcel 2, to the beginning
348	355		of a tangent curve to the left;
349	356		THENCE, 1150.34', continuing along said common line, along
350	357		said curve to the left, having a radius of 1859.86', a central angle
351	358		of 35° 26' 17", and a chord bearing and distance of North 30° 18' 14"
352	359		West - 1132.09' to the end of curve;
353	360		THENCE North 48° 01' 22" West - 2965.58', continuing along
354	361		said common line, to the intersection of said common line and the
355	362		northwest line of aforesaid Alfonzo Steel Survey;
356	363		THENCE North 58° 58' 24" East - 105.84', along the northwest
357	364		line of said Alfonzo Steel Survey, to the intersection of said
358	365		northwest line and the east right-of-way line of aforesaid FM 1314
359	366		(Conroe Porter Road), the northwest corner of the 273.466 acre
360	367		tract of land referenced as Tract III, Parcel 1 described in the
361	368		deed recorded under Document Number 2018042236 of the Official
362	369		Public Records of Montgomery County, Texas;
363	370		THENCE South 48° 01' 22" East - 2935.99', continuing along
364	371		said east right-of-way line, and the west line of Tract III, Parcel
365	372		1, to the beginning of a curve to the right;
366	373		THENCE, 1212.26', continuing along said common line, along
367	374		said curve to the right, with a radius of 1959.86', a central angle
368	375		of 35° 26' 24", and a chord bearing and distance of South 30° 16' 34"
369	376		East - 1193.03' to the end of curve;
370	377		THENCE South 12° 33' 22" East - 1.21, continuing along said
371	378		common line, to a point for corner;
372	379		THENCE South 12° 01' 58" East - 2102.94', continuing along
373	380		said east right-of-way line, and west line of the Tract III, Parcel
374	381		1 and the west line of a 195.961 acre tract of land referenced as
375	382		Tract 2, Parcel 2 described in the deed recorded under Document
376	383		Number 2018042236 of the Official Public Records of Montgomery
377	384		County, Texas; to a point for corner;
378	385		THENCE South 13° 30' 38" East - 995.85', continuing along said
379	386		east right-of-way line, and said west line of Tract 2, Parcel 2, to
380	387		a point for corner;
381	388		THENCE South 23° 14' 55" East - 200.33', continuing along said
382	389		common line, to the intersection of said common line and the north
383	390		right-of-way line of State Highway 242;
384	391		THENCE South 16° 50' 19" East - 538.64', continuing along
385	392		aforesaid east right-of-way line, to a point for corner at the
386	393		intersection of said east right-of-way line and the south
387	394		right-of-way line of said State Highway 242, the northwest corner
388	395		of a 90.860 acre tract of land referenced as Tract 2, Parcel 3
389	396		described in the deed recorded under Document Number 2018042236 of
390	397		the Official Public Records of Montgomery County, Texas;
391	398		THENCE South 19° 50' 32" East - 241.38', continuing along said
392	399		east right-of-way line, and the west line of said Tract 2, Parcel 3,
393	400		to a point for corner;
394	401		THENCE South 22° 10' 36" East - 597.39', continuing along said
395	402		common line, to a point for corner;
396	403		THENCE South 24° 51' 16" East - 778.41', continuing along said
397	404		common line, to the intersection of said common line and the
398	405		southeast line of aforesaid John Bricker Survey;
399	406		THENCE South 60° 50' 57" West - 89.83', along said southeast
400	407		line of the John Bricker Survey, to the southeast corner of
401	408		aforesaid Tract 2, Parcel 4;
402	409		THENCE South 59° 09' 24" West - 2139.18', along the southeast
403	410		line of said Tract 2, Parcel 4 and said southeast line of the John
404	411		Bricker Survey, to the POINT OF BEGINNING, and containing 652
405	412		acres, more or less.
406	413		SECTION 3. (a) The legal notice of the intention to
407	414		introduce this Act, setting forth the general substance of this
408	415		Act, has been published as provided by law, and the notice and a
409	416		copy of this Act have been furnished to all persons, agencies,
410	417		officials, or entities to which they are required to be furnished
411	418		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
412	419		Government Code.
413	420		(b) The governor, one of the required recipients, has
414	421		submitted the notice and Act to the Texas Commission on
415	422		Environmental Quality.
416	423		(c) The Texas Commission on Environmental Quality has filed
417	424		its recommendations relating to this Act with the governor, the
418	425		lieutenant governor, and the speaker of the house of
419	426		representatives within the required time.
420	427		(d) All requirements of the constitution and laws of this
421	428		state and the rules and procedures of the legislature with respect
422	429		to the notice, introduction, and passage of this Act are fulfilled
423	430		and accomplished.
424	431		SECTION 4. (a) If this Act does not receive a two-thirds
425	432		vote of all the members elected to each house, Subchapter C, Chapter
426	433		8089, Special District Local Laws Code, as added by Section 1 of
427	434		this Act, is amended by adding Section 8089.0307 to read as follows:
428	435		Sec. 8089.0307. NO EMINENT DOMAIN POWER. The district may
429	436		not exercise the power of eminent domain.
430	437		(b) This section is not intended to be an expression of a
431	438		legislative interpretation of the requirements of Section 17(c),
432	439		Article I, Texas Constitution.
433	440		SECTION 5. This Act takes effect immediately if it receives
434	441		a vote of two-thirds of all the members elected to each house, as
435	442		provided by Section 39, Article III, Texas Constitution. If this
436	443		Act does not receive the vote necessary for immediate effect, this
437	444		Act takes effect September 1, 2019.
438		-	______________________________ ______________________________
439		-	President of the Senate Speaker of the House
440		-	I certify that H.B. No. 4677 was passed by the House on May 3,
441		-	2019, by the following vote: Yeas 123, Nays 17, 2 present, not
442		-	voting.
443		-	______________________________
444		-	Chief Clerk of the House
445		-	I certify that H.B. No. 4677 was passed by the Senate on May
446		-	22, 2019, by the following vote: Yeas 30, Nays 1.
447		-	______________________________
448		-	Secretary of the Senate
449		-	APPROVED: _____________________
450		-	Date
451		-	_____________________
452		-	Governor
	445	+	* * * * *