Texas 2019 - 86th Regular

Texas House Bill HB4752 Latest Draft

Bill / Enrolled Version Filed 05/25/2019

                            H.B. No. 4752


 AN ACT
 relating to the territory of the Barrett Management District.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 3930.005, Special District Local Laws
 Code, is amended to read as follows:
 Sec. 3930.005.  DISTRICT TERRITORY. (a) The district is
 composed of the territory described by Section 2 of the Act enacting
 this chapter, as that territory may have been modified under this
 section, Section 3930.107, or other law.
 (b)  The boundaries and field notes of the district contained
 in Section 2 of the Act enacting this chapter form a closure.  A
 mistake in the field notes of the district contained in Section 2 of
 the Act enacting this chapter or in copying the field notes in the
 legislative process does not in any way affect the district's:
 (1)  organization, existence, or validity; or
 (2)  legality or operation.
 (c)  The district shall hold an election in the additional
 territory in the new boundaries of the district described by
 Section 2 of the Act enacting this subsection on a uniform election
 date provided by Section 41.001, Election Code, to confirm the
 addition of the territory to the district.
 (d)  Notice of the confirmation election shall state the day
 and place or places for holding the election and the proposition to
 be voted on.
 (e)  The ballots for the confirmation election shall be
 printed to provide for voting "For New District Boundaries" and
 "Against New District Boundaries."
 (f)  Immediately after the confirmation election, the
 presiding judge shall take returns of the results to the board. The
 board shall canvass the returns and issue an order declaring the
 results at the earliest practicable time.  The order must include a
 description of the district's boundaries according to the results
 of the election.
 (g)  If at least 60 percent of the votes cast in the election
 favor the addition of the territory to the district, the board shall
 issue an order declaring that the additional territory is added to
 the district and enter the result in its minutes. If less than 60
 percent of the votes cast in the election favor the addition of the
 territory to the district, the board shall issue an order declaring
 that the addition was defeated and enter the result in its minutes.
 (h)  A copy of each order issued under this section must be
 filed:
 (1)  in the deed records of Harris County; and
 (2)  with the Texas Commission on Environmental
 Quality.
 (i)  Notwithstanding Subsections (a) and (b) of this
 section, if at least 60 percent of the votes cast in the election
 favor the addition of the territory in the new boundaries described
 by Section 2 of the Act enacting this subsection to the district,
 the district is composed of the territory in those new boundaries,
 as that territory may have been modified under Section 3930.107 or
 other law. The boundaries of the district contained in Section 2 of
 the Act enacting this subsection form a closure.  A mistake in the
 description of the district contained in Section 2 of the Act
 enacting this subsection or in copying the description in the
 legislative process does not in any way affect the district's:
 (1)  organization, existence, or validity; or
 (2)  legality or operation.
 (j)  If less than 60 percent of the votes cast in the election
 favor the addition of the territory in the new boundaries described
 by Section 2 of the Act enacting this subsection to the district:
 (1)  Subsections (a) and (b) apply to the territory of
 the district; and
 (2)  the new boundaries described by Section 2 of the
 Act enacting this subsection are void.
 SECTION 2.  The Barrett Management District includes all the
 territory contained in the area enclosed by:
 (1)  Sralla Road from Kennings Road to Barbers Hill
 Road;
 (2)  Barbers Hill Road from Sralla Road to Crosby
 Lynchburg Road;
 (3)  Crosby Lynchburg Road from Barbers Hill Road to
 Floyd Road;
 (4)  Floyd Road from Crosby Lynchburg Road to the San
 Jacinto River;
 (5)  the San Jacinto River from Floyd Road to Beaumont
 Highway;
 (6)  Beaumont Highway from the San Jacinto River to
 Crosby Lynchburg Road;
 (7)  Crosby Lynchburg Road from Beaumont Highway to the
 northbound U.S. Highway 90 Frontage Road;
 (8)  the northbound U.S. Highway 90 Frontage Road from
 Crosby Lynchburg Road to Kennings Road; and
 (9)  Kennings Road from the northbound U.S. Highway 90
 Frontage Road to Sralla Road.
 SECTION 3.  (a) The legal notice of the intention to
 introduce this Act, setting forth the general substance of this
 Act, has been published as provided by law, and the notice and a
 copy of this Act have been furnished to all persons, agencies,
 officials, or entities to which they are required to be furnished
 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
 Government Code.
 (b)  The governor, one of the required recipients, has
 submitted the notice and Act to the Texas Commission on
 Environmental Quality.
 (c)  The Texas Commission on Environmental Quality has filed
 its recommendations relating to this Act with the governor,
 lieutenant governor, and speaker of the house of representatives
 within the required time.
 (d)  All requirements of the constitution and laws of this
 state and the rules and procedures of the legislature with respect
 to the notice, introduction, and passage of this Act have been
 fulfilled and accomplished.
 SECTION 4.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2019.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I certify that H.B. No. 4752 was passed by the House on May 7,
 2019, by the following vote:  Yeas 139, Nays 7, 2 present, not
 voting; and that the House concurred in Senate amendments to H.B.
 No. 4752 on May 24, 2019, by the following vote:  Yeas 95, Nays 44,
 3 present, not voting.
 ______________________________
 Chief Clerk of the House
 I certify that H.B. No. 4752 was passed by the Senate, with
 amendments, on May 22, 2019, by the following vote:  Yeas 30, Nays
 1.
 ______________________________
 Secretary of the Senate
 APPROVED: __________________
 Date
 __________________
 Governor