Texas 2019 - 86th Regular

Texas Senate Bill SB2469 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2469
	1	+	By: Taylor S.B. No. 2469
	2	+	(Thompson of Brazoria)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the Brazoria County Municipal Utility
6	8		District No. 76; granting a limited power of eminent domain;
7	9		providing authority to issue bonds; providing authority to impose
8	10		assessments, fees, and taxes.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	13		Code, is amended by adding Chapter 8099 to read as follows:
12	14		CHAPTER 8099. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 76
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 8099.0101. DEFINITIONS. In this chapter:
15	17		(1) "Board" means the district's board of directors.
16	18		(2) "Commission" means the Texas Commission on
17	19		Environmental Quality.
18	20		(3) "Director" means a board member.
19	21		(4) "District" means the Brazoria County Municipal
20	22		Utility District No. 76.
21	23		Sec. 8099.0102. NATURE OF DISTRICT. The district is a
22	24		municipal utility district created under Section 59, Article XVI,
23	25		Texas Constitution.
24	26		Sec. 8099.0103. CONFIRMATION AND DIRECTOR ELECTION
25	27		REQUIRED. The temporary directors shall hold an election to
26	28		confirm the creation of the district and to elect five permanent
27	29		directors as provided by Section 49.102, Water Code.
28	30		Sec. 8099.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	31		temporary directors may not hold an election under Section
30	32		8099.0103 until each municipality in whose corporate limits or
31	33		extraterritorial jurisdiction the district is located has
32	34		consented by ordinance or resolution to the creation of the
33	35		district and to the inclusion of land in the district.
34	36		Sec. 8099.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	37		(a) The district is created to serve a public purpose and benefit.
36	38		(b) The district is created to accomplish the purposes of:
37	39		(1) a municipal utility district as provided by
38	40		general law and Section 59, Article XVI, Texas Constitution; and
39	41		(2) Section 52, Article III, Texas Constitution, that
40	42		relate to the construction, acquisition, improvement, operation,
41	43		or maintenance of macadamized, graveled, or paved roads, or
42	44		improvements, including storm drainage, in aid of those roads.
43	45		Sec. 8099.0106. INITIAL DISTRICT TERRITORY. (a) The
44	46		district is initially composed of the territory described by
45	47		Section 2 of the Act enacting this chapter.
46	48		(b) The boundaries and field notes contained in Section 2 of
47	49		the Act enacting this chapter form a closure. A mistake made in the
48	50		field notes or in copying the field notes in the legislative process
49	51		does not affect the district's:
50	52		(1) organization, existence, or validity;
51	53		(2) right to issue any type of bond for the purposes
52	54		for which the district is created or to pay the principal of and
53	55		interest on a bond;
54	56		(3) right to impose a tax; or
55	57		(4) legality or operation.
56	58		SUBCHAPTER B. BOARD OF DIRECTORS
57	59		Sec. 8099.0201. GOVERNING BODY; TERMS. (a) The district
58	60		is governed by a board of five elected directors.
59	61		(b) Except as provided by Section 8099.0202, directors
60	62		serve staggered four-year terms.
61	63		Sec. 8099.0202. TEMPORARY DIRECTORS. (a) The temporary
62	64		board consists of:
63	65		(1) Timothy White;
64	66		(2) Lyle Klingbeil;
65	67		(3) Jennifer Vaughan;
66	68		(4) Maria George; and
67	69		(5) Hunter Waneck.
68	70		(b) Temporary directors serve until the earlier of:
69	71		(1) the date permanent directors are elected under
70	72		Section 8099.0103; or
71	73		(2) the fourth anniversary of the effective date of
72	74		the Act enacting this chapter.
73	75		(c) If permanent directors have not been elected under
74	76		Section 8099.0103 and the terms of the temporary directors have
75	77		expired, successor temporary directors shall be appointed or
76	78		reappointed as provided by Subsection (d) to serve terms that
77	79		expire on the earlier of:
78	80		(1) the date permanent directors are elected under
79	81		Section 8099.0103; or
80	82		(2) the fourth anniversary of the date of the
81	83		appointment or reappointment.
82	84		(d) If Subsection (c) applies, the owner or owners of a
83	85		majority of the assessed value of the real property in the district
84	86		may submit a petition to the commission requesting that the
85	87		commission appoint as successor temporary directors the five
86	88		persons named in the petition. The commission shall appoint as
87	89		successor temporary directors the five persons named in the
88	90		petition.
89	91		SUBCHAPTER C. POWERS AND DUTIES
90	92		Sec. 8099.0301. GENERAL POWERS AND DUTIES. The district
91	93		has the powers and duties necessary to accomplish the purposes for
92	94		which the district is created.
93	95		Sec. 8099.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	96		DUTIES. The district has the powers and duties provided by the
95	97		general law of this state, including Chapters 49 and 54, Water Code,
96	98		applicable to municipal utility districts created under Section 59,
97	99		Article XVI, Texas Constitution.
98	100		Sec. 8099.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	101		52, Article III, Texas Constitution, the district may design,
100	102		acquire, construct, finance, issue bonds for, improve, operate,
101	103		maintain, and convey to this state, a county, or a municipality for
102	104		operation and maintenance macadamized, graveled, or paved roads, or
103	105		improvements, including storm drainage, in aid of those roads.
104	106		Sec. 8099.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	107		road project must meet all applicable construction standards,
106	108		zoning and subdivision requirements, and regulations of each
107	109		municipality in whose corporate limits or extraterritorial
108	110		jurisdiction the road project is located.
109	111		(b) If a road project is not located in the corporate limits
110	112		or extraterritorial jurisdiction of a municipality, the road
111	113		project must meet all applicable construction standards,
112	114		subdivision requirements, and regulations of each county in which
113	115		the road project is located.
114	116		(c) If the state will maintain and operate the road, the
115	117		Texas Transportation Commission must approve the plans and
116	118		specifications of the road project.
117	119		Sec. 8099.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	120		ORDINANCE OR RESOLUTION. The district shall comply with all
119	121		applicable requirements of any ordinance or resolution that is
120	122		adopted under Section 54.016 or 54.0165, Water Code, and that
121	123		consents to the creation of the district or to the inclusion of land
122	124		in the district.
123	125		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	126		Sec. 8099.0401. ELECTIONS REGARDING TAXES OR BONDS.
125	127		(a) The district may issue, without an election, bonds and other
126	128		obligations secured by:
127	129		(1) revenue other than ad valorem taxes; or
128	130		(2) contract payments described by Section 8099.0403.
129	131		(b) The district must hold an election in the manner
130	132		provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	133		before the district may impose an ad valorem tax or issue bonds
132	134		payable from ad valorem taxes.
133	135		(c) The district may not issue bonds payable from ad valorem
134	136		taxes to finance a road project unless the issuance is approved by a
135	137		vote of a two-thirds majority of the district voters voting at an
136	138		election held for that purpose.
137	139		Sec. 8099.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	140		authorized at an election held under Section 8099.0401, the
139	141		district may impose an operation and maintenance tax on taxable
140	142		property in the district in accordance with Section 49.107, Water
141	143		Code.
142	144		(b) The board shall determine the tax rate. The rate may not
143	145		exceed the rate approved at the election.
144	146		Sec. 8099.0403. CONTRACT TAXES. (a) In accordance with
145	147		Section 49.108, Water Code, the district may impose a tax other than
146	148		an operation and maintenance tax and use the revenue derived from
147	149		the tax to make payments under a contract after the provisions of
148	150		the contract have been approved by a majority of the district voters
149	151		voting at an election held for that purpose.
150	152		(b) A contract approved by the district voters may contain a
151	153		provision stating that the contract may be modified or amended by
152	154		the board without further voter approval.
153	155		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	156		Sec. 8099.0501. AUTHORITY TO ISSUE BONDS AND OTHER
155	157		OBLIGATIONS. The district may issue bonds or other obligations
156	158		payable wholly or partly from ad valorem taxes, impact fees,
157	159		revenue, contract payments, grants, or other district money, or any
158	160		combination of those sources, to pay for any authorized district
159	161		purpose.
160	162		Sec. 8099.0502. TAXES FOR BONDS. At the time the district
161	163		issues bonds payable wholly or partly from ad valorem taxes, the
162	164		board shall provide for the annual imposition of a continuing
163	165		direct ad valorem tax, without limit as to rate or amount, while all
164	166		or part of the bonds are outstanding as required and in the manner
165	167		provided by Sections 54.601 and 54.602, Water Code.
166	168		Sec. 8099.0503. BONDS FOR ROAD PROJECTS. At the time of
167	169		issuance, the total principal amount of bonds or other obligations
168	170		issued or incurred to finance road projects and payable from ad
169	171		valorem taxes may not exceed one-fourth of the assessed value of the
170	172		real property in the district.
171	173		SECTION 2. The Brazoria County Municipal Utility District
172	174		No. 76 initially includes all the territory contained in the
173	175		following area:
174	176		TRACT 1
175	177		FIELD NOTES OF AN 80.41 ACRE TRACT OUT OF AN 83.72 ACRE TRACT
176	178		OUT OF A 121.90 ACRE TRACT IN THE ANDREW ROBERTS LABOR, ABSTRACT
177	179		363, BRAZORIA COUNTY, TEXAS; SAID 121.90 ACRE TRACT BEING THAT
178	180		TRACT DESCRIBED IN A DEED RECORDED IN VOLUME 735, PAGE 629 OF THE
179	181		DEED RECORDS OF BRAZORIA COUNTY, TEXAS; AND SAID 80.41 ACRE TRACT
180	182		BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
181	183		COMMENCING at a 1/2" iron rod found in the East line of the
182	184		William Roberts League, Abstract 124, Brazoria County, Texas; said
183	185		rod marking the Northwest corner of the Andrew Roberts Labor,
184	186		Abstract 363, Brazoria County, Texas;
185	187		THENCE; North 88° 13' East 94.63 feet, along the North line of
186	188		the Andrew Roberts Labor, Abstract 363, to a 1/2" iron pipe found
187	189		for the place of beginning of the herein described tract; said pipe
188	190		also marking the Northeast corner of a 91.41 acre tract in the
189	191		Andrew Roberts Labor, Abstract 363;
190	192		THENCE; North 89° 19' 51" East 2328.77 feet, along the North
191	193		line of the Andrew Roberts Labor, Abstract 363, to a 1/2" iron rod
192	194		with cap stamped "RSTROUD RPLS 2112" found for corner in the West
193	195		right-of-way line of the State Highway 288 Freeway;
194	196		THENCE; South 0° 23' 56" East 627.04 feet, along the West
195	197		right-of-way line of the State Highway 288 Freeway, to a concrete
196	198		right-of-way monument found for angle point;
197	199		THENCE; South 0° 02' 56" West 1096.29 feet, along the West
198	200		right-of-way line of the State Highway 288 Freeway, to a 1/2" iron
199	201		rod found for corner at the Northeast corner of the Angleton
200	202		Drainage District 3.32 acre tract described in County Clerk's
201	203		Document No. 2014-024678 of the Official Records of Brazoria
202	204		County, Texas;
203	205		THENCE; North 80° 57' West 87.55 feet, along the North line of
204	206		said 3.32 acre tract, to a 1/2" iron rod with cap stamped "RPLS 2112
205	207		RPLS 6017" found for corner at the Northwest corner of said 3.32
206	208		acre tract;
207	209		THENCE; South 5° 08' 13" West 1408.09 feet (called 1400.09
208	210		feet), along the West line of said 3.32 acre tract, to a concrete
209	211		right-of-way monument found for corner; said monument marking the
210	212		Southwest corner of said 3.32 acre tract;
211	213		THENCE; South 1° 23' 59" West 61.07 feet, along the West
212	214		right-of-way line of State Highway 288 Freeway, to a concrete
213	215		monument found for corner in the South line of the Andrew Roberts
214	216		Labor, Abstract 363;
215	217		THENCE; South 89° 18' 30" West 769.14 feet, along the South
216	218		line of the Andrew Roberts Labor, Abstract 363, to a point for
217	219		corner at the Southeast corner of said 91.41 acre tract;
218	220		THENCE; North 0° 11' 54" East, at 55.01 feet pass a 1/2" iron
219	221		rod found in the North right-of-way fence of a closed portion of
220	222		Belk Road, and continue to a total distance of 2711.40 feet to a
221	223		1/2" iron rod with cap stamped "R STROUD RPLS 2112" found for corner
222	224		at the Easterly Northeast corner of said 91.41 acre tract;
223	225		THENCE; South 89° 19' 51" West 1359.50 feet, along the common
224	226		line with said 91.41 acre tract, to a 1/2" iron pipe found for
225	227		corner;
226	228		THENCE; North 0° 08' 09" East 459.60 feet, along the common
227	229		line with said 91.41 acre tract, to the place of beginning.
228	230		Said tract therein containing 80.41 acres of land.
229	231		The reference bearing for this survey is the North line of the
230	232		S. J. Jamison 100 acre tract as described in a deed recorded in
231	233		Volume 578, Page 443 of the Deed Records of Brazoria County, Texas.
232	234		The bearing of the North line for reference is South 89° 47' West.
233	235		TRACT 2
234	236		FIELD NOTES OF A 5.62 ACRE TRACT, CALLED TRACT 161A, AND BEING
235	237		THAT PORTION LYING WEST OF STATE HIGHWAY 288 FREEWAY OF A NINE ACRE
236	238		TRACT CONVEYED TO BRAZORIA COUNTY FROM J. D. CANNAN, TRUSTEE, BY
237	239		DEED DATED AUGUST 9, 1897 AND RECORDED IN VOLUME 42, PAGE 235 OF THE
238	240		DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING MORE PARTICULARLY
239	241		DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
240	242		BEGINNING at a 1/2" iron rod found at the intersection of the
241	243		South line of said nine acre tract with the West right-of-way line
242	244		of the State Highway 288 Freeway;
243	245		THENCE; North 0° 04' 38" East 971.25 feet, along the West
244	246		right-of-way line of the State Highway 288 Freeway, to a 1/2" iron
245	247		rod fond for corner of a called 0.269 acre tract previously cut out
246	248		of said nine acre tract;
247	249		THENCE; South 88° 07' 44" West 258.76 feet, along the South
248	250		line of said called 0.269 acre tract, to a 1/2" iron rod found for
249	251		corner in the West line of said nine acre tract;
250	252		THENCE; South 0° 33' 01" East 962.86 feet, along the West line
251	253		of said nine acre tract, to a 1/2" iron rod found marking the
252	254		Southwest corner of said nine acre tract;
253	255		THENCE; South 89° 59' 36" East 248.07 feet, along the South
254	256		line of said nine acre tract, to the place of beginning.
255	257		Said tract therein containing 5.62 acres of land.
256	258		The reference bearing for this survey is the North line of the
257	259		S. J. Jamison 100 acre tract in the William Roberts League, Abstract
258	260		124, as described in a deed recorded in Volume 578, Page 443 of the
259	261		Deed Records of Brazoria County, Texas. The bearing of the line is
260	262		South 89° 47' West.
261	263		TRACT 3
262	264		FIELD NOTES OF AN 85.95 ACRE TRACT OUT OF A 91.41 ACRE TRACT
263	265		IN THE ANDREW ROBERTS LABOR, ABSTRACT 363, BRAZORIA COUNTY, TEXAS;
264	266		SAID 91.41 ACRES BEING THAT SAME TRACT (CALLED 91.9 ACRES)
265	267		DESCRIBED AS "SECOND TRACT" IN THAT CERTAIN DEED RECORDED IN VOLUME
266	268		406, PAGE 99 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND SAID
267	269		85.95 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
268	270		BOUNDS AS FOLLOWS:
269	271		COMMENCING at a 1/2" iron rod found at the Southwest corner of
270	272		the Andrew Roberts Labor, Abstract 363; said rod being in the South
271	273		right-of-way line of Belk Road (County Road 28);
272	274		THENCE; North 89° 19' 01" East 75.01 feet, along the South
273	275		line of Belk Road, to a 1/2" iron rod set in the East line of a 75
274	276		foot Drainage Easement, for the place of beginning of the herein
275	277		described tract; said Drainage Easement being described in a deed
276	278		recorded in File 2013-033166 of the Official Records of Brazoria
277	279		County, Texas;
278	280		THENCE; North 0° 08' 09" East, along the East line of said 75
279	281		foot Drainage Easement, at 55.57 feet pass a 1/2" iron rod found in
280	282		the North right-of-way line of Belk Road, and continue to a total
281	283		distance of 3170.85 feet to a 1/2" iron rod found for corner in the
282	284		Most northerly North line of said 91.41 acre tract in the North line
283	285		of the Andrew Roberts Labor, Abstract 363;
284	286		THENCE; North 88° 13' East 19.60 feet, along the North line of
285	287		the Andrew Roberts Labor, to a 1/2" iron pipe found for corner at
286	288		the most northerly Northeast corner of said 91.41 acre tract;
287	289		THENCE; South 0° 08' 09" West 459.6 feet to a 1/2" iron pipe
288	290		found for corner;
289	291		THENCE; North 89° 19' 51" East 1359.60 feet to a 1/2" iron rod
290	292		found for corner;
291	293		THENCE; South 0° 11' 54" West, along a barbed wire fence, at
292	294		2656.39 feet pass a 1/2" iron rod found on line in the North
293	295		right-of-way fence of a closed portion of Belk Road, and continue to
294	296		a total distance of 2711.4 feet to a point for corner in the South
295	297		line of the Andrew Roberts Labor, Abstract 363;
296	298		THENCE; South 89° 19' 10" West 1376.13 feet, along the South
297	299		line of the Andrew Roberts labor, Abstract 363, to the place of
298	300		beginning.
299	301		Said tract therein containing 85.95 acres of land.
300	302		The reference bearing for this survey is the North line of the
301	303		S. J. Jamison 100 acre tract in the William Roberts League, Abstract
302	304		124, as described in a deed recorded in Volume 578, Page 443 of the
303	305		Deed Records of Brazoria County, Texas. The bearing of the North
304	306		line, for reference, is South 89° 47' West.
305	307		TRACT 4
306	308		FIELD NOTES OF A 132.13 ACRE TRACT OUT OF A 134.73 ACRE TRACT
307	309		OUT OF TRACT 158 (50 ACRES, VOLUME 989, PAGE 287, BRAZORIA COUNTY
308	310		DEED RECORDS) AND TRACT 159 (100 ACRES, VOLUME 226, PAGE 256,
309	311		BRAZORIA COUNTY DEED RECORDS) OUT OF THE JOSE DE JESUS VALDERAS
310	312		SURVEY, ABSTRACT 380, BRAZORIA COUNTY, TEXAS, AND BEING MORE
311	313		PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
312	314		BEGINNING at a 1/2" iron rod found at the intersection of the
313	315		West line of the Jose de Jesus Valderas Survey, Abstract 380, with
314	316		the South line of a 31.74 acre tract described in a deed recorded in
315	317		File 1997-006563 of the Official Records of Brazoria County, Texas;
316	318		THENCE; North 88° 29' 40" East 350.83 feet, along the South
317	319		line of said 31.74 acre tract, to a 1/2" iron rod found for corner at
318	320		the Southeast corner of said 31.74 acre tract;
319	321		THENCE; North 1° 33' 32" West 923.92 feet, along the East line
320	322		of said 31.74 acre tract, to a 1/2" iron rod found for corner in the
321	323		South line of a called 1.810 acre tract conveyed to the City of
322	324		Angleton by deed recorded in File 1997-022173 of the Official
323	325		Records of Brazoria County, Texas;
324	326		THENCE; North 88° 30' 36" East 747.51 feet, along the south
325	327		line of said 1.810 acre tract, to a 1/2" iron rod found for angle
326	328		point;
327	329		THENCE; North 88° 36' 36" East 1088.22 feet, along the South
328	330		line of said called 1.810 acre tract, to a 1/2" iron rod found for
329	331		corner at the Southeast corner of said called 1.810 acre tract; said
330	332		rod also being in the West line of a called nine acre tract conveyed
331	333		to Brazoria County by deed recorded in Volume 35, Page 457 of the
332	334		Deed Records of Brazoria County, Texas;
333	335		THENCE; South 0° 33' 01" East, along the West line of said nine
334	336		acre tract, at 4.96 feet pass a 1/2" iron rod found marking the
335	337		Southwest corner of a 0.269 acre tract out of said nine acre tract,
336	338		and continue to a total distance of 967.82 feet to a 1/2" iron rod
337	339		found for corner at the Southwest corner of said nine acre tract;
338	340		THENCE; South 89° 59' 36" East 248.07 feet, along the South
339	341		line of said nine acre tract, to a 1/2" iron rod found for corner at
340	342		the intersection of said South line with the West right-of-way line
341	343		of the State Highway 288 Freeway;
342	344		THENCE; South 0° 00' 52" West 324.64 feet, along the West
343	345		right-of-way line of the State Highway 288 Freeway, to a concrete
344	346		right-of-way monument found for angle point;
345	347		THENCE; South 0° 05' 06" West 1000.53 feet, along the West
346	348		right-of-way line of the State Highway 288 Freeway, to a concrete
347	349		right-of-way monument found for angle point;
348	350		THENCE; South 0° 23' 56" East 373.19 feet, along the West
349	351		right-of-way line of the State Highway 288 Freeway, to a 1/2" iron
350	352		rod found for corner in the North line of the Andrew Roberts labor,
351	353		Abstract 363;
352	354		THENCE; South 89° 19' 51" West 2328.77 feet, along the north
353	355		line of the Andrew Roberts Labor, Abstract 363, to a 1/2" iron pipe
354	356		found marking the Northeast corner of a 91.41 acre tract out of said
355	357		Abstract 363;
356	358		THENCE; South 88° 13' West 19.60 feet, along the North line of
357	359		said 91.41 acre tract, and the North line of the Andrew Roberts
358	360		Labor, Abstract 363, to a 1/2" iron rod found for corner in the East
359	361		line of a 75 foot Drainage Easement (2.89 acres) as described in a
360	362		deed recorded in File 2013-033166 of the Official Records of
361	363		Brazoria County, Texas;
362	364		THENCE; North 0° 08' 09" East, along the East line of said 75
363	365		foot Drainage Easement, for a distance of a 1397.41 feet to a 1/2"
364	366		iron rod found for angle point in the East line of said 75 foot
365	367		Drainage Easement;
366	368		THENCE; North 17° 51' 44" West 242.73 feet, along the East
367	369		line of said 75 foot Drainage Easement, to a 1/2" iron rod found for
368	370		corner ibn the West line of said 134.73 acre tract; said rod also
369	371		being in the West line of the Jose de Jesus Valderas Survey,
370	372		Abstract 380, and the East line of the William Roberts League,
371	373		Abstract 124;
372	374		THENCE; North 0° 08' 09" East 86.89 feet, along the West line
373	375		of said 134.73 acre tract, to the place of beginning
374	376		Said tract therein containing 132.13 acres of land.
375	377		The reference bearing for this survey is the North line of the
376	378		S. J. Jamison 100 acre tract in the William Roberts League, Abstract
377	379		124, as described in a deed recorded in Volume 578, Page 443 of the
378	380		Deed Records of Brazoria County, Texas. The bearing of the North
379	381		line, for reference, is South 89° 47' West.
380	382		SECTION 3. (a) The legal notice of the intention to
381	383		introduce this Act, setting forth the general substance of this
382	384		Act, has been published as provided by law, and the notice and a
383	385		copy of this Act have been furnished to all persons, agencies,
384	386		officials, or entities to which they are required to be furnished
385	387		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
386	388		Government Code.
387	389		(b) The governor, one of the required recipients, has
388	390		submitted the notice and Act to the Texas Commission on
389	391		Environmental Quality.
390	392		(c) The Texas Commission on Environmental Quality has filed
391	393		its recommendations relating to this Act with the governor, the
392	394		lieutenant governor, and the speaker of the house of
393	395		representatives within the required time.
394	396		(d) All requirements of the constitution and laws of this
395	397		state and the rules and procedures of the legislature with respect
396	398		to the notice, introduction, and passage of this Act are fulfilled
397	399		and accomplished.
398	400		SECTION 4. (a) If this Act does not receive a two-thirds
399	401		vote of all the members elected to each house, Subchapter C, Chapter
400	402		8099, Special District Local Laws Code, as added by Section 1 of
401	403		this Act, is amended by adding Section 8099.0306 to read as follows:
402	404		Sec. 8099.0306. NO EMINENT DOMAIN POWER. The district may
403	405		not exercise the power of eminent domain.
404	406		(b) This section is not intended to be an expression of a
405	407		legislative interpretation of the requirements of Section 17(c),
406	408		Article I, Texas Constitution.
407	409		SECTION 5. This Act takes effect immediately if it receives
408	410		a vote of two-thirds of all the members elected to each house, as
409	411		provided by Section 39, Article III, Texas Constitution. If this
410	412		Act does not receive the vote necessary for immediate effect, this
411	413		Act takes effect September 1, 2019.
412		-	______________________________ ______________________________
413		-	President of the Senate Speaker of the House
414		-	I hereby certify that S.B. No. 2469 passed the Senate on
415		-	April 26, 2019, by the following vote: Yeas 28, Nays 1, one
416		-	present not voting.
417		-	______________________________
418		-	Secretary of the Senate
419		-	I hereby certify that S.B. No. 2469 passed the House on
420		-	May 14, 2019, by the following vote: Yeas 119, Nays 22, two
421		-	present not voting.
422		-	______________________________
423		-	Chief Clerk of the House
424		-	Approved:
425		-	______________________________
426		-	Date
427		-	______________________________
428		-	Governor