Texas 2019 - 86th Regular

Texas Senate Bill SB2462 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R15958 SLB-F
1	2		By: Creighton S.B. No. 2462
2		-	(In the Senate - Filed March 26, 2019; March 27, 2019, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; April 23, 2019, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; April 23, 2019, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the creation of the Montgomery County Municipal Utility
12	8		District No. 161; granting a limited power of eminent domain;
13	9		providing authority to issue bonds; providing authority to impose
14	10		assessments, fees, and taxes.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	13		Code, is amended by adding Chapter 8089 to read as follows:
18	14		CHAPTER 8089. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 161
19	15		SUBCHAPTER A. GENERAL PROVISIONS
20	16		Sec. 8089.0101. DEFINITIONS. In this chapter:
21	17		(1) "Board" means the district's board of directors.
22	18		(2) "Commission" means the Texas Commission on
23	19		Environmental Quality.
24	20		(3) "Director" means a board member.
25	21		(4) "District" means the Montgomery County Municipal
26	22		Utility District No. 161.
27	23		Sec. 8089.0102. NATURE OF DISTRICT. The district is a
28	24		municipal utility district created under Section 59, Article XVI,
29	25		Texas Constitution.
30	26		Sec. 8089.0103. CONFIRMATION AND DIRECTOR ELECTION
31	27		REQUIRED. The temporary directors shall hold an election to
32	28		confirm the creation of the district and to elect five permanent
33	29		directors as provided by Section 49.102, Water Code.
34	30		Sec. 8089.0104. CONSENT OF MUNICIPALITY REQUIRED. The
35	31		temporary directors may not hold an election under Section
36	32		8089.0103 until each municipality in whose corporate limits or
37	33		extraterritorial jurisdiction the district is located has
38	34		consented by ordinance or resolution to the creation of the
39	35		district and to the inclusion of land in the district.
40	36		Sec. 8089.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	37		(a) The district is created to serve a public purpose and benefit.
42	38		(b) The district is created to accomplish the purposes of:
43	39		(1) a municipal utility district as provided by
44	40		general law and Section 59, Article XVI, Texas Constitution; and
45	41		(2) Section 52, Article III, Texas Constitution, that
46	42		relate to the construction, acquisition, improvement, operation,
47	43		or maintenance of macadamized, graveled, or paved roads, or
48	44		improvements, including storm drainage, in aid of those roads.
49	45		Sec. 8089.0106. INITIAL DISTRICT TERRITORY. (a) The
50	46		district is initially composed of the territory described by
51	47		Section 2 of the Act enacting this chapter.
52	48		(b) The boundaries and field notes contained in Section 2 of
53	49		the Act enacting this chapter form a closure. A mistake made in the
54	50		field notes or in copying the field notes in the legislative process
55	51		does not affect the district's:
56	52		(1) organization, existence, or validity;
57	53		(2) right to issue any type of bond for the purposes
58	54		for which the district is created or to pay the principal of and
59	55		interest on a bond;
60	56		(3) right to impose a tax; or
61	57		(4) legality or operation.
62	58		SUBCHAPTER B. BOARD OF DIRECTORS
63		-	Sec. 8089.0201. GOVERNING BODY; TERMS. (a) The district
64		-	is governed by a board of five elected directors.
	59	+	Sec. 8089.0201. GOVERNING BODY; TERMS. (a) The district is
	60	+	governed by a board of five elected directors.
65	61		(b) Except as provided by Section 8089.0202, directors
66	62		serve staggered four-year terms.
67	63		Sec. 8089.0202. TEMPORARY DIRECTORS. (a) On or after the
68	64		effective date of the Act enacting this chapter, the owner or owners
69	65		of a majority of the assessed value of the real property in the
70	66		district may submit a petition to the commission requesting that
71	67		the commission appoint as temporary directors the five persons
72	68		named in the petition. The commission shall appoint as temporary
73	69		directors the five persons named in the petition.
74	70		(b) Temporary directors serve until the earlier of:
75	71		(1) the date permanent directors are elected under
76	72		Section 8089.0103; or
77	73		(2) the fourth anniversary of the effective date of
78	74		the Act enacting this chapter.
79	75		(c) If permanent directors have not been elected under
80	76		Section 8089.0103 and the terms of the temporary directors have
81	77		expired, successor temporary directors shall be appointed or
82	78		reappointed as provided by Subsection (d) to serve terms that
83	79		expire on the earlier of:
84	80		(1) the date permanent directors are elected under
85	81		Section 8089.0103; or
86	82		(2) the fourth anniversary of the date of the
87	83		appointment or reappointment.
88	84		(d) If Subsection (c) applies, the owner or owners of a
89	85		majority of the assessed value of the real property in the district
90	86		may submit a petition to the commission requesting that the
91	87		commission appoint as successor temporary directors the five
92	88		persons named in the petition. The commission shall appoint as
93	89		successor temporary directors the five persons named in the
94	90		petition.
95	91		SUBCHAPTER C. POWERS AND DUTIES
96	92		Sec. 8089.0301. GENERAL POWERS AND DUTIES. The district
97	93		has the powers and duties necessary to accomplish the purposes for
98	94		which the district is created.
99	95		Sec. 8089.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
100	96		DUTIES. The district has the powers and duties provided by the
101	97		general law of this state, including Chapters 49 and 54, Water Code,
102	98		applicable to municipal utility districts created under Section 59,
103	99		Article XVI, Texas Constitution.
104	100		Sec. 8089.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
105	101		52, Article III, Texas Constitution, the district may design,
106	102		acquire, construct, finance, issue bonds for, improve, operate,
107	103		maintain, and convey to this state, a county, or a municipality for
108	104		operation and maintenance macadamized, graveled, or paved roads, or
109	105		improvements, including storm drainage, in aid of those roads.
110	106		Sec. 8089.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
111	107		road project must meet all applicable construction standards,
112	108		zoning and subdivision requirements, and regulations of each
113	109		municipality in whose corporate limits or extraterritorial
114	110		jurisdiction the road project is located.
115	111		(b) If a road project is not located in the corporate limits
116	112		or extraterritorial jurisdiction of a municipality, the road
117	113		project must meet all applicable construction standards,
118	114		subdivision requirements, and regulations of each county in which
119	115		the road project is located.
120	116		(c) If the state will maintain and operate the road, the
121	117		Texas Transportation Commission must approve the plans and
122	118		specifications of the road project.
123	119		Sec. 8089.0305. COMPLIANCE WITH MUNICIPAL CONSENT
124	120		ORDINANCE OR RESOLUTION. The district shall comply with all
125	121		applicable requirements of any ordinance or resolution that is
126	122		adopted under Section 54.016 or 54.0165, Water Code, and that
127	123		consents to the creation of the district or to the inclusion of land
128	124		in the district.
129		-	Sec. 8089.0306. DIVISION OF DISTRICT. (a) The district
130		-	~~may~~ be divided into two or more new districts only if the district:
	125	+	Sec. 8089.0306. DIVISION OF DISTRICT. (a) The district may
	126	+	be divided into two or more new districts only if the district:
131	127		(1) has never issued any bonds; and
132	128		(2) is not imposing ad valorem taxes.
133	129		(b) This chapter applies to any new district created by the
134	130		division of the district, and a new district has all the powers and
135	131		duties of the district.
136	132		(c) A new district created by the division of the district
137	133		may not, at the time the new district is created, contain any land
138	134		outside the area described by Section 2 of the Act enacting this
139	135		chapter.
140	136		(d) The board, on its own motion or on receipt of a petition
141	137		signed by the owner or owners of a majority of the assessed value of
142	138		the real property in the district, may adopt an order dividing the
143	139		district.
144	140		(e) The board may adopt an order dividing the district
145	141		before or after the date the board holds an election under Section
146	142		8089.0103 to confirm the district's creation.
147	143		(f) An order dividing the district shall:
148	144		(1) name each new district;
149	145		(2) include the metes and bounds description of the
150	146		territory of each new district;
151	147		(3) appoint temporary directors for each new district;
152	148		and
153	149		(4) provide for the division of assets and liabilities
154	150		between the new districts.
155	151		(g) On or before the 30th day after the date of adoption of
156	152		an order dividing the district, the district shall file the order
157	153		with the commission and record the order in the real property
158	154		records of each county in which the district is located.
159	155		(h) A new district created by the division of the district
160	156		shall hold a confirmation and directors' election as required by
161	157		Section 8089.0103.
162	158		(i) If the creation of the new district is confirmed, the
163	159		new district shall provide the election date and results to the
164	160		commission.
165	161		(j) Any new district created by the division of the district
166	162		must hold an election as required by this chapter to obtain voter
167	163		approval before the district may impose a maintenance tax or issue
168	164		bonds payable wholly or partly from ad valorem taxes.
169	165		(k) Municipal consent to the creation of the district and to
170	166		the inclusion of land in the district granted under Section
171	167		8089.0104 acts as municipal consent to the creation of any new
172	168		district created by the division of the district and to the
173	169		inclusion of land in the new district.
174	170		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
175		-	Sec. 8089.0401. ELECTIONS REGARDING TAXES OR BONDS.
176		-	~~(a)~~ The district may issue, without an election, bonds and other
	171	+	Sec. 8089.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
	172	+	The district may issue, without an election, bonds and other
177	173		obligations secured by:
178	174		(1) revenue other than ad valorem taxes; or
179	175		(2) contract payments described by Section 8089.0403.
180	176		(b) The district must hold an election in the manner
181	177		provided by Chapters 49 and 54, Water Code, to obtain voter approval
182	178		before the district may impose an ad valorem tax or issue bonds
183	179		payable from ad valorem taxes.
184	180		(c) The district may not issue bonds payable from ad valorem
185	181		taxes to finance a road project unless the issuance is approved by a
186	182		vote of a two-thirds majority of the district voters voting at an
187	183		election held for that purpose.
188	184		Sec. 8089.0402. OPERATION AND MAINTENANCE TAX. (a) If
189	185		authorized at an election held under Section 8089.0401, the
190	186		district may impose an operation and maintenance tax on taxable
191	187		property in the district in accordance with Section 49.107, Water
192	188		Code.
193	189		(b) The board shall determine the tax rate. The rate may not
194	190		exceed the rate approved at the election.
195	191		Sec. 8089.0403. CONTRACT TAXES. (a) In accordance with
196	192		Section 49.108, Water Code, the district may impose a tax other than
197	193		an operation and maintenance tax and use the revenue derived from
198	194		the tax to make payments under a contract after the provisions of
199	195		the contract have been approved by a majority of the district voters
200	196		voting at an election held for that purpose.
201	197		(b) A contract approved by the district voters may contain a
202	198		provision stating that the contract may be modified or amended by
203	199		the board without further voter approval.
204	200		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
205	201		Sec. 8089.0501. AUTHORITY TO ISSUE BONDS AND OTHER
206	202		OBLIGATIONS. The district may issue bonds or other obligations
207	203		payable wholly or partly from ad valorem taxes, impact fees,
208	204		revenue, contract payments, grants, or other district money, or any
209	205		combination of those sources, to pay for any authorized district
210	206		purpose.
211	207		Sec. 8089.0502. TAXES FOR BONDS. At the time the district
212	208		issues bonds payable wholly or partly from ad valorem taxes, the
213	209		board shall provide for the annual imposition of a continuing
214	210		direct ad valorem tax, without limit as to rate or amount, while all
215	211		or part of the bonds are outstanding as required and in the manner
216	212		provided by Sections 54.601 and 54.602, Water Code.
217	213		Sec. 8089.0503. BONDS FOR ROAD PROJECTS. At the time of
218	214		issuance, the total principal amount of bonds or other obligations
219	215		issued or incurred to finance road projects and payable from ad
220	216		valorem taxes may not exceed one-fourth of the assessed value of the
221	217		real property in the district.
222	218		SECTION 2. The Montgomery County Municipal Utility District
223	219		No. 161 initially includes all the territory contained in the
224	220		following area:
225	221		A description of a 652 acre tract of land, located in the
226	222		Alfonzo Steel Survey, Abstract 477, the John Bricker Survey,
227	223		Abstract 98, the Gowan Harris Survey, Abstract 246, and the Lemuel
228	224		Smith Survey, Abstract 502, in Montgomery County, Texas; out of the
229	225		1835.060 acre tract of land referenced as Tract III, Parcel 2, and
230	226		out of the 191.470 acre tract of land referenced as Tract II, Parcel
231	227		1 and out of the 105.594 acre tract of land referenced as Tract 2,
232	228		Parcel 4 described in the deed recorded under Document Number
233	229		2018042236 of the Official Public Records of Montgomery County,
234	230		Texas and more particularly described as follows:
235	231		BEGINNING at the south corner of said John Bricker Survey,
236	232		common to the east corner of said Gowan Harris Survey and the south
237	233		corner of said Tract 2, Parcel 4;
238	234		THENCE North 30° 26' 13" West - 3138.61, along the west line of
239	235		said Tract 2, Parcel 4, partially along the southwest line of said
240	236		John Bricker Survey, common to the northeast line of said Gowan
241	237		Harris Survey, to the intersection of said common line and the north
242	238		right-of-way line of State Highway 242 (Lazy River Road), and the
243	239		south line of aforesaid Tract III, Parcel 2, and the south line of
244	240		aforesaid Tract 2, Parcel 1, common to the point of non-tangent
245	241		curve to the right;
246	242		THENCE along said north right-of-way line, and along said
247	243		south line of said Tract III, Parcel 2, along said curve to the
248	244		right, 60.70', with a radius of 2565.25', a central angle of 01° 21'
249	245		21", and a chord bearing and distance of North 73° 32' 31" West -
250	246		60.70', to the end of curve;
251	247		THENCE continuing along said north right-of-way line, common
252	248		to the south line of said Tract 3, Parcel 2, the following twenty
253	249		(20) courses and distances:
254	250		North 72° 50' 00" West - 1063.30';
255	251		North 69° 00' 59" West - 299.06';
256	252		North 72° 47' 05" West - 101.02';
257	253		North 78° 40' 07" West - 99.47';
258	254		North 72° 47' 17" West - 201.25';
259	255		North 71° 52' 08" West - 299.75';
260	256		North 72° 59' 03" West - 100.41';
261	257		North 75° 32' 57" West - 99.82';
262	258		North 73° 01' 36" West - 511.85';
263	259		North 72° 53' 37" West - 586.90';
264	260		North 78° 36' 15" West - 100.50';
265	261		North 72° 53' 37" West - 314.28' to a point on a curve to
266	262		the left;
267	263		262.81', along said curve to the left, with a radius of
268	264		2954.79', a central angle of 05° 05' 46", and a chord bearing
269	265		and distance of North 75° 26' 30" West - 262.72' to the end of
270	266		curve;
271	267		North 75° 22' 06" West - 525.80';
272	268		South 81° 54' 27" West - 733.46';
273	269		South 76° 44' 39" West - 418.29';
274	270		South 69° 22' 36" West - 409.05;'
275	271		South 66° 28' 20" West - 300.00';
276	272		South 63° 36' 35" West - 300.37';
277	273		South 66° 28' 20" West - 799.40', to the intersection of
278	274		aforesaid north right-of-way line and the west line of an
279	275		electric transmission corridor, in the south line of
280	276		aforesaid Tract 3, Parcel 2;
281	277		THENCE North 52° 44' 18" West - 2544.15', along said electric
282	278		transmission corridor, to a point for corner;
283	279		THENCE North 43° 44' 05" West - 4153.21', continuing along
284	280		said electric transmission corridor, to the intersection of said
285	281		west corridor line and the northwest line of aforesaid Tract III,
286	282		Parcel 2;
287	283		THENCE North 59° 01' 30" East - 3444.33', along said northwest
288	284		line, to the west corner of the 37.61 acre tract described as
289	285		"First" tract in the partition deed recorded under Volume 583, Page
290	286		609, of the Deed Records of Montgomery County, Texas;
291	287		THENCE South 30° 15' 23" East - 1567.16', continuing along the
292	288		northeast line of aforesaid Tract III, Parcel 2, along the
293	289		southwest line of said "First" tract, and the southwest line of the
294	290		37.61 acre tract described as "Second" tract in the partition deed
295	291		recorded under Volume 583, Page 609, of the Deed Records of
296	292		Montgomery County, Texas, to the south corner of said "Second"
297	293		tract;
298	294		THENCE North 58° 50' 47" East - 1372.93', continuing along the
299	295		northwest line of said Tract III, Parcel 2, along the southeast line
300	296		of said "Second" tract, to a point for corner in said southeast line
301	297		of said "Second" tract;
302	298		THENCE South 30° 26' 27" East - 2772.87', to a point for
303	299		corner;
304	300		THENCE South 59° 25' 43" West - 1902.10' to a point for corner;
305	301		THENCE South 15° 49' 15" East - 1921.98' to a point which is
306	302		located three hundred feet north of the north right-of-way of
307	303		aforesaid State Highway 242;
308	304		THENCE along a line, three-hundred feet (300') north of
309	305		parallel with said north right-of-way line, the following
310	306		twenty-two (22) courses and distances:
311	307		North 66° 28' 20" East - 320.29';
312	308		North 63° 36' 35" East - 300.37';
313	309		North 66° 28' 20" East - 315.10';
314	310		North 69° 22' 36" East - 435.97';
315	311		North 76° 44' 39" East - 451.13';
316	312		North 81° 54' 27" East - 807.27';
317	313		South 75° 22' 06" East - 579.39' to the beginning of a
318	314		curve to the right;
319	315		282.46', along said curve to the right, with a radius of
320	316		3254.79', a central angle of 04° 58' 20", and a chord bearing
321	317		and distance of South 75° 22' 47" East - 282.37' to the end of
322	318		curve;
323	319		South 72° 53' 37" East - 299.32';
324	320		South 78° 36' 15" East - 100.50';
325	321		South 72° 53' 37" East - 601.51';
326	322		South 73° 01' 36" East - 504.90';
327	323		South 75° 32' 57" East - 99.73';
328	324		South 72° 59' 03" East - 110.05';
329	325		South 71° 52' 08" East - 300.26';
330	326		South 72° 47' 17" East - 183.43';
331	327		South 78° 40' 07" East - 99.48';
332	328		South 72° 47' 05" East - 126.31';
333	329		South 69° 00' 59" East - 298.93';
334	330		South 72° 50' 13" East - 1053.14' to the beginning of a
335	331		tangent curve to the left;
336	332		1655.03', along said curve to the left, with a radius of
337	333		2565.25', a central angle of 36° 57' 57", and a chord bearing
338	334		and distance of North 88° 37' 40" East - 1626.48' to the end of
339	335		curve;
340	336		North 70° 12' 35" East - 881.55';
341	337		THENCE North 67° 55' 52" East - 25.80', to the intersection of
342	338		said three hundred foot offset and the west right-of-way line of FM
343	339		1314 (Conroe Porter Road), and the east line of aforesaid Tract 2,
344	340		Parcel 1;
345	341		THENCE North 11° 00' 27" West - 587.98', continuing along said
346	342		west right-of-way line of FM 1314 (Conroe Porter Road), and the east
347	343		line of aforesaid Tract 2, Parcel 1, to a point for corner;
348	344		THENCE North 12° 31' 04" West - 2420.93', continuing along
349	345		said common line, and the east line of aforesaid Tract III, Parcel 2
350	346		to a point for corner;
351	347		THENCE North 12° 33' 22" West - 34.59', continuing along
352	348		aforesaid west right-of-way line of FM 1314 (Conroe Porter Road)
353	349		and the east line of aforesaid Tract III, Parcel 2, to the beginning
354	350		of a tangent curve to the left;
355	351		THENCE, 1150.34', continuing along said common line, along
356	352		said curve to the left, having a radius of 1859.86', a central angle
357	353		of 35° 26' 17", and a chord bearing and distance of North 30° 18' 14"
358	354		West - 1132.09' to the end of curve;
359	355		THENCE North 48° 01' 22" West - 2965.58', continuing along
360	356		said common line, to the intersection of said common line and the
361	357		northwest line of aforesaid Alfonzo Steel Survey;
362	358		THENCE North 58° 58' 24" East - 105.84', along the northwest
363	359		line of said Alfonzo Steel Survey, to the intersection of said
364	360		northwest line and the east right-of-way line of aforesaid FM 1314
365	361		(Conroe Porter Road), the northwest corner of the 273.466 acre
366	362		tract of land referenced as Tract III, Parcel 1 described in the
367	363		deed recorded under Document Number 2018042236 of the Official
368	364		Public Records of Montgomery County, Texas;
369	365		THENCE South 48° 01' 22" East - 2935.99', continuing along
370	366		said east right-of-way line, and the west line of Tract III, Parcel
371	367		1, to the beginning of a curve to the right;
372	368		THENCE, 1212.26', continuing along said common line, along
373	369		said curve to the right, with a radius of 1959.86', a central angle
374	370		of 35° 26' 24", and a chord bearing and distance of South 30° 16' 34"
375	371		East - 1193.03' to the end of curve;
376	372		THENCE South 12° 33' 22" East - 1.21, continuing along said
377	373		common line, to a point for corner;
378	374		THENCE South 12° 01' 58" East - 2102.94', continuing along
379	375		said east right-of-way line, and west line of the Tract III, Parcel
380	376		1 and the west line of a 195.961 acre tract of land referenced as
381	377		Tract 2, Parcel 2 described in the deed recorded under Document
382	378		Number 2018042236 of the Official Public Records of Montgomery
383	379		County, Texas; to a point for corner;
384	380		THENCE South 13° 30' 38" East - 995.85', continuing along said
385	381		east right-of-way line, and said west line of Tract 2, Parcel 2, to
386	382		a point for corner;
387	383		THENCE South 23° 14' 55" East - 200.33', continuing along said
388	384		common line, to the intersection of said common line and the north
389	385		right-of-way line of State Highway 242;
390	386		THENCE South 16° 50' 19" East - 538.64', continuing along
391	387		aforesaid east right-of-way line, to a point for corner at the
392	388		intersection of said east right-of-way line and the south
393	389		right-of-way line of said State Highway 242, the northwest corner
394	390		of a 90.860 acre tract of land referenced as Tract 2, Parcel 3
395	391		described in the deed recorded under Document Number 2018042236 of
396	392		the Official Public Records of Montgomery County, Texas;
397	393		THENCE South 19° 50' 32" East - 241.38', continuing along said
398	394		east right-of-way line, and the west line of said Tract 2, Parcel 3,
399	395		to a point for corner;
400	396		THENCE South 22° 10' 36" East - 597.39', continuing along said
401	397		common line, to a point for corner;
402	398		THENCE South 24° 51' 16" East - 778.41', continuing along said
403	399		common line, to the intersection of said common line and the
404	400		southeast line of aforesaid John Bricker Survey;
405	401		THENCE South 60° 50' 57" West - 89.83', along said southeast
406	402		line of the John Bricker Survey, to the southeast corner of
407	403		aforesaid Tract 2, Parcel 4;
408	404		THENCE South 59° 09' 24" West - 2139.18', along the southeast
409	405		line of said Tract 2, Parcel 4 and said southeast line of the John
410	406		Bricker Survey, to the POINT OF BEGINNING, and containing 652
411	407		acres, more or less.
412	408		SECTION 3. (a) The legal notice of the intention to
413	409		introduce this Act, setting forth the general substance of this
414	410		Act, has been published as provided by law, and the notice and a
415	411		copy of this Act have been furnished to all persons, agencies,
416	412		officials, or entities to which they are required to be furnished
417	413		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
418	414		Government Code.
419	415		(b) The governor, one of the required recipients, has
420	416		submitted the notice and Act to the Texas Commission on
421	417		Environmental Quality.
422	418		(c) The Texas Commission on Environmental Quality has filed
423	419		its recommendations relating to this Act with the governor, the
424	420		lieutenant governor, and the speaker of the house of
425	421		representatives within the required time.
426	422		(d) All requirements of the constitution and laws of this
427	423		state and the rules and procedures of the legislature with respect
428	424		to the notice, introduction, and passage of this Act are fulfilled
429	425		and accomplished.
430	426		SECTION 4. (a) If this Act does not receive a two-thirds
431	427		vote of all the members elected to each house, Subchapter C, Chapter
432	428		8089, Special District Local Laws Code, as added by Section 1 of
433	429		this Act, is amended by adding Section 8089.0307 to read as follows:
434	430		Sec. 8089.0307. NO EMINENT DOMAIN POWER. The district may
435	431		not exercise the power of eminent domain.
436	432		(b) This section is not intended to be an expression of a
437	433		legislative interpretation of the requirements of Section 17(c),
438	434		Article I, Texas Constitution.
439	435		SECTION 5. This Act takes effect immediately if it receives
440	436		a vote of two-thirds of all the members elected to each house, as
441	437		provided by Section 39, Article III, Texas Constitution. If this
442	438		Act does not receive the vote necessary for immediate effect, this
443	439		Act takes effect September 1, 2019.
444		-	* * * * *