Texas 2019 - 86th Regular

Texas House Bill HB4752 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4752
	1	+	By: Dutton (Senate Sponsor - Whitmire) H.B. No. 4752
	2	+	(In the Senate - Received from the House May 8, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 20, 2019, reported adversely,
	5	+	with favorable Committee Substitute by the following vote: Yeas 7,
	6	+	Nays 0; May 20, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4752 By: Menéndez
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the territory of the Barrett Management District.
6	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	15		SECTION 1. Section 3930.005, Special District Local Laws
8	16		Code, is amended to read as follows:
9	17		Sec. 3930.005. DISTRICT TERRITORY. (a) The district is
10	18		composed of the territory described by Section 2 of the Act enacting
11	19		this chapter, as that territory may have been modified under this
12	20		section, Section 3930.107, or other law.
13	21		(b) The boundaries and field notes of the district contained
14	22		in Section 2 of the Act enacting this chapter form a closure. A
15	23		mistake in the field notes of the district contained in Section 2 of
16	24		the Act enacting this chapter or in copying the field notes in the
17	25		legislative process does not in any way affect the district's:
18	26		(1) organization, existence, or validity; or
19	27		(2) legality or operation.
20	28		(c) The district shall hold an election in the additional
21	29		territory in the new boundaries of the district described by
22	30		Section 2 of the Act enacting this subsection on a uniform election
23	31		date provided by Section 41.001, Election Code, to confirm the
24	32		addition of the territory to the district.
25	33		(d) Notice of the confirmation election shall state the day
26	34		and place or places for holding the election and the proposition to
27	35		be voted on.
28	36		(e) The ballots for the confirmation election shall be
29	37		printed to provide for voting "For New District Boundaries" and
30	38		"Against New District Boundaries."
31	39		(f) Immediately after the confirmation election, the
32	40		presiding judge shall take returns of the results to the board. The
33	41		board shall canvass the returns and issue an order declaring the
34	42		results at the earliest practicable time. The order must include a
35	43		description of the district's boundaries according to the results
36	44		of the election.
37	45		(g) If at least 60 percent of the votes cast in the election
38	46		favor the addition of the territory to the district, the board shall
39	47		issue an order declaring that the additional territory is added to
40	48		the district and enter the result in its minutes. If less than 60
41	49		percent of the votes cast in the election favor the addition of the
42	50		territory to the district, the board shall issue an order declaring
43	51		that the addition was defeated and enter the result in its minutes.
44	52		(h) A copy of each order issued under this section must be
45	53		filed:
46	54		(1) in the deed records of Harris County; and
47	55		(2) with the Texas Commission on Environmental
48	56		Quality.
49	57		(i) Notwithstanding Subsections (a) and (b) of this
50	58		section, if at least 60 percent of the votes cast in the election
51	59		favor the addition of the territory in the new boundaries described
52	60		by Section 2 of the Act enacting this subsection to the district,
53	61		the district is composed of the territory in those new boundaries,
54	62		as that territory may have been modified under Section 3930.107 or
55	63		other law. The boundaries of the district contained in Section 2 of
56	64		the Act enacting this subsection form a closure. A mistake in the
57	65		description of the district contained in Section 2 of the Act
58	66		enacting this subsection or in copying the description in the
59	67		legislative process does not in any way affect the district's:
60	68		(1) organization, existence, or validity; or
61	69		(2) legality or operation.
62	70		(j) If less than 60 percent of the votes cast in the election
63	71		favor the addition of the territory in the new boundaries described
64	72		by Section 2 of the Act enacting this subsection to the district:
65	73		(1) Subsections (a) and (b) apply to the territory of
66	74		the district; and
67	75		(2) the new boundaries described by Section 2 of the
68	76		Act enacting this subsection are void.
69	77		SECTION 2. The Barrett Management District includes all the
70	78		territory contained in the area enclosed by:
71	79		(1) Sralla Road from Kennings Road to Barbers Hill
72	80		Road;
73	81		(2) Barbers Hill Road from Sralla Road to Crosby
74	82		Lynchburg Road;
75	83		(3) Crosby Lynchburg Road from Barbers Hill Road to
76	84		Floyd Road;
77	85		(4) Floyd Road from Crosby Lynchburg Road to the San
78	86		Jacinto River;
79	87		(5) the San Jacinto River from Floyd Road to Beaumont
80	88		Highway;
81	89		(6) Beaumont Highway from the San Jacinto River to
82	90		Crosby Lynchburg Road;
83	91		(7) Crosby Lynchburg Road from Beaumont Highway to the
84	92		northbound U.S. Highway 90 Frontage Road;
85	93		(8) the northbound U.S. Highway 90 Frontage Road from
86	94		Crosby Lynchburg Road to Kennings Road; and
87	95		(9) Kennings Road from the northbound U.S. Highway 90
88	96		Frontage Road to Sralla Road.
89	97		SECTION 3. (a) The legal notice of the intention to
90	98		introduce this Act, setting forth the general substance of this
91	99		Act, has been published as provided by law, and the notice and a
92	100		copy of this Act have been furnished to all persons, agencies,
93	101		officials, or entities to which they are required to be furnished
94	102		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
95	103		Government Code.
96	104		(b) The governor, one of the required recipients, has
97	105		submitted the notice and Act to the Texas Commission on
98	106		Environmental Quality.
99	107		(c) The Texas Commission on Environmental Quality has filed
100	108		its recommendations relating to this Act with the governor,
101	109		lieutenant governor, and speaker of the house of representatives
102	110		within the required time.
103	111		(d) All requirements of the constitution and laws of this
104	112		state and the rules and procedures of the legislature with respect
105	113		to the notice, introduction, and passage of this Act have been
106	114		fulfilled and accomplished.
107	115		SECTION 4. This Act takes effect immediately if it receives
108	116		a vote of two-thirds of all the members elected to each house, as
109	117		provided by Section 39, Article III, Texas Constitution. If this
110	118		Act does not receive the vote necessary for immediate effect, this
111	119		Act takes effect September 1, 2019.
112		-	______________________________ ______________________________
113		-	President of the Senate Speaker of the House
114		-	I certify that H.B. No. 4752 was passed by the House on May 7,
115		-	2019, by the following vote: Yeas 139, Nays 7, 2 present, not
116		-	voting; and that the House concurred in Senate amendments to H.B.
117		-	No. 4752 on May 24, 2019, by the following vote: Yeas 95, Nays 44,
118		-	3 present, not voting.
119		-	______________________________
120		-	Chief Clerk of the House
121		-	I certify that H.B. No. 4752 was passed by the Senate, with
122		-	amendments, on May 22, 2019, by the following vote: Yeas 30, Nays
123		-	1.
124		-	______________________________
125		-	Secretary of the Senate
126		-	APPROVED: __________________
127		-	Date
128		-	__________________
129		-	Governor
	120	+	* * * * *