Texas 2019 - 86th Regular

Texas Senate Bill SB2545 Compare Versions

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11 86R23078 TSR-F
22 By: Fallon S.B. No. 2545
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Double M Municipal Utility District
88 of Grayson County; granting a limited power of eminent domain;
99 providing authority to issue bonds; providing authority to impose
1010 assessments, fees, and taxes.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1313 Code, is amended by adding Chapter 8314 to read as follows:
1414 CHAPTER 8314. DOUBLE M MUNICIPAL UTILITY DISTRICT OF GRAYSON
1515 COUNTY
1616 SUBCHAPTER A. GENERAL PROVISIONS
1717 Sec. 8314.0101. DEFINITIONS. In this chapter:
1818 (1) "Board" means the district's board of directors.
1919 (2) "City" means the City of Gunter, Texas.
2020 (3) "Commission" means the Texas Commission on
2121 Environmental Quality.
2222 (4) "Director" means a board member.
2323 (5) "District" means the Double M Municipal Utility
2424 District of Grayson County.
2525 Sec. 8314.0102. NATURE OF DISTRICT. The district is a
2626 municipal utility district created under Section 59, Article XVI,
2727 Texas Constitution.
2828 Sec. 8314.0103. CONFIRMATION AND DIRECTOR ELECTION
2929 REQUIRED. The temporary directors shall hold an election to
3030 confirm the creation of the district and to elect five permanent
3131 directors as provided by Section 49.102, Water Code.
3232 Sec. 8314.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3333 temporary directors may not hold an election under Section
3434 8314.0103 until each municipality in whose corporate limits or
3535 extraterritorial jurisdiction the district is located has:
3636 (1) consented by ordinance or resolution to the
3737 creation of the district and to the inclusion of land in the
3838 district; and
3939 (2) approved and entered into a development agreement
4040 with the owners of land within the district under Section 212.172,
4141 Local Government Code.
4242 Sec. 8314.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
4343 (a) The district is created to serve a public purpose and benefit.
4444 (b) The district is created to accomplish the purposes of:
4545 (1) a municipal utility district as provided by
4646 general law and Section 59, Article XVI, Texas Constitution; and
4747 (2) Section 52, Article III, Texas Constitution, that
4848 relate to the construction, acquisition, improvement, operation,
4949 or maintenance of macadamized, graveled, or paved roads, or
5050 improvements, including storm drainage, in aid of those roads.
5151 Sec. 8314.0106. INITIAL DISTRICT TERRITORY. (a) The
5252 district is initially composed of the territory described by
5353 Section 2 of the Act enacting this chapter.
5454 (b) The boundaries and field notes contained in Section 2 of
5555 the Act enacting this chapter form a closure. A mistake made in the
5656 field notes or in copying the field notes in the legislative process
5757 does not affect the district's:
5858 (1) organization, existence, or validity;
5959 (2) right to issue any type of bond for the purposes
6060 for which the district is created or to pay the principal of and
6161 interest on a bond;
6262 (3) right to impose a tax; or
6363 (4) legality or operation.
6464 Sec. 8314.0107. ANNEXATION BY CITY. Notwithstanding any
6565 other law, if any of the territory of the district is annexed by the
6666 city into the city's corporate limits, the district:
6767 (1) retains all of the district's outstanding debt and
6868 obligations; and
6969 (2) is not dissolved.
7070 SUBCHAPTER B. BOARD OF DIRECTORS
7171 Sec. 8314.0201. GOVERNING BODY; TERMS. (a) The district is
7272 governed by a board of five elected directors.
7373 (b) Except as provided by Section 8314.0202, directors
7474 serve staggered four-year terms.
7575 Sec. 8314.0202. TEMPORARY DIRECTORS. (a) On or after
7676 September 1, 2019, the owner or owners of a majority of the assessed
7777 value of the real property in the district may submit a petition to
7878 the commission requesting that the commission appoint as temporary
7979 directors the five persons named in the petition. The commission
8080 shall appoint as temporary directors the five persons named in the
8181 petition.
8282 (b) Temporary directors serve until the earlier of:
8383 (1) the date permanent directors are elected under
8484 Section 8314.0103; or
8585 (2) September 1, 2023.
8686 (c) If permanent directors have not been elected under
8787 Section 8314.0103 and the terms of the temporary directors have
8888 expired, successor temporary directors shall be appointed or
8989 reappointed as provided by Subsection (d) to serve terms that
9090 expire on the earlier of:
9191 (1) the date permanent directors are elected under
9292 Section 8314.0103; or
9393 (2) the fourth anniversary of the date of the
9494 appointment or reappointment.
9595 (d) If Subsection (c) applies, the owner or owners of a
9696 majority of the assessed value of the real property in the district
9797 may submit a petition to the commission requesting that the
9898 commission appoint as successor temporary directors the five
9999 persons named in the petition. The commission shall appoint as
100100 successor temporary directors the five persons named in the
101101 petition.
102102 SUBCHAPTER C. POWERS AND DUTIES
103103 Sec. 8314.0301. GENERAL POWERS AND DUTIES. The district
104104 has the powers and duties necessary to accomplish the purposes for
105105 which the district is created.
106106 Sec. 8314.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
107107 DUTIES. (a) The district has the powers and duties provided by the
108108 general law of this state, including Chapters 49 and 54, Water Code,
109109 applicable to municipal utility districts created under Section 59,
110110 Article XVI, Texas Constitution.
111111 (b) Notwithstanding Subsection (a), the district may not
112112 act as a retail provider of water or wastewater service.
113113 (c) The district shall make the district's water and
114114 wastewater facilities available to an entity holding the applicable
115115 certificate of public convenience and necessity.
116116 Sec. 8314.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
117117 52, Article III, Texas Constitution, the district may design,
118118 acquire, construct, finance, issue bonds for, improve, operate,
119119 maintain, and convey to this state, a county, or a municipality for
120120 operation and maintenance macadamized, graveled, or paved roads, or
121121 improvements, including storm drainage, in aid of those roads.
122122 Sec. 8314.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
123123 road project must meet all applicable construction standards,
124124 zoning and subdivision requirements, and regulations of each
125125 municipality in whose corporate limits or extraterritorial
126126 jurisdiction the road project is located.
127127 (b) If a road project is not located in the corporate limits
128128 or extraterritorial jurisdiction of a municipality, the road
129129 project must meet all applicable construction standards,
130130 subdivision requirements, and regulations of each county in which
131131 the road project is located.
132132 (c) If the state will maintain and operate the road, the
133133 Texas Transportation Commission must approve the plans and
134134 specifications of the road project.
135135 Sec. 8314.0305. COMPLIANCE WITH MUNICIPAL CONSENT
136136 ORDINANCE OR RESOLUTION. The district shall comply with all
137137 applicable requirements of any ordinance or resolution that is
138138 adopted under Section 54.016 or 54.0165, Water Code, and that
139139 consents to the creation of the district or to the inclusion of land
140140 in the district.
141141 Sec. 8314.0306. DIVISION OF DISTRICT. (a) The district may
142142 be divided into two or more new districts only if the district:
143143 (1) has no outstanding bonded debt; and
144144 (2) is not imposing ad valorem taxes.
145145 (b) This chapter applies to any new district created by the
146146 division of the district, and a new district has all the powers and
147147 duties of the district.
148148 (c) Any new district created by the division of the district
149149 may not, at the time the new district is created, contain any land
150150 outside the area described by Section 2 of the Act enacting this
151151 chapter.
152152 (d) The board, on its own motion or on receipt of a petition
153153 signed by the owner or owners of a majority of the assessed value of
154154 the real property in the district, may adopt an order dividing the
155155 district.
156156 (e) The board may adopt an order dividing the district
157157 before or after the date the board holds an election under Section
158158 8314.0103 to confirm the district's creation.
159159 (f) An order dividing the district shall:
160160 (1) name each new district;
161161 (2) include the metes and bounds description of the
162162 territory of each new district;
163163 (3) appoint temporary directors for each new district;
164164 and
165165 (4) provide for the division of assets and liabilities
166166 between or among the new districts.
167167 (g) On or before the 30th day after the date of adoption of
168168 an order dividing the district, the district shall file the order
169169 with the commission and record the order in the real property
170170 records of each county in which the district is located.
171171 (h) Any new district created by the division of the district
172172 shall hold a confirmation and directors' election as required by
173173 Section 8314.0103. If the voters of a new district do not confirm
174174 the creation of the new district, the assets, obligations,
175175 territory, and governance of the new district revert to the
176176 original district.
177177 (i) Municipal consent to the creation of the district and to
178178 the inclusion of land in the district granted under Section
179179 8314.0104 acts as municipal consent to the creation of any new
180180 district created by the division of the district and to the
181181 inclusion of land in the new district.
182182 (j) Any new district created by the division of the district
183183 must hold an election as required by this chapter to obtain voter
184184 approval before the district may impose a maintenance tax or issue
185185 bonds payable wholly or partly from ad valorem taxes.
186186 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
187187 Sec. 8314.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
188188 The district may issue, without an election, bonds and other
189189 obligations secured by:
190190 (1) revenue other than ad valorem taxes; or
191191 (2) contract payments described by Section 8314.0403.
192192 (b) The district must hold an election in the manner
193193 provided by Chapters 49 and 54, Water Code, to obtain voter approval
194194 before the district may impose an ad valorem tax or issue bonds
195195 payable from ad valorem taxes.
196196 (c) The district may not issue bonds payable from ad valorem
197197 taxes to finance a road project unless the issuance is approved by a
198198 vote of a two-thirds majority of the district voters voting at an
199199 election held for that purpose.
200200 Sec. 8314.0402. OPERATION AND MAINTENANCE TAX. (a) If
201201 authorized at an election held under Section 8314.0401, the
202202 district may impose an operation and maintenance tax on taxable
203203 property in the district in accordance with Section 49.107, Water
204204 Code.
205205 (b) The board shall determine the tax rate. The rate may not
206206 exceed the rate approved at the election.
207207 Sec. 8314.0403. CONTRACT TAXES. (a) In accordance with
208208 Section 49.108, Water Code, the district may impose a tax other than
209209 an operation and maintenance tax and use the revenue derived from
210210 the tax to make payments under a contract after the provisions of
211211 the contract have been approved by a majority of the district voters
212212 voting at an election held for that purpose.
213213 (b) A contract approved by the district voters may contain a
214214 provision stating that the contract may be modified or amended by
215215 the board without further voter approval.
216216 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
217217 Sec. 8314.0501. AUTHORITY TO ISSUE BONDS AND OTHER
218218 OBLIGATIONS. The district may issue bonds or other obligations
219219 payable wholly or partly from ad valorem taxes, impact fees,
220220 revenue, contract payments, grants, or other district money, or any
221221 combination of those sources, to pay for any authorized district
222222 purpose.
223223 Sec. 8314.0502. TAXES FOR BONDS. At the time the district
224224 issues bonds payable wholly or partly from ad valorem taxes, the
225225 board shall provide for the annual imposition of a continuing
226226 direct ad valorem tax, without limit as to rate or amount, while all
227227 or part of the bonds are outstanding as required and in the manner
228228 provided by Sections 54.601 and 54.602, Water Code.
229229 Sec. 8314.0503. BONDS FOR ROAD PROJECTS. At the time of
230230 issuance, the total principal amount of bonds or other obligations
231231 issued or incurred to finance road projects and payable from ad
232232 valorem taxes may not exceed one-fourth of the assessed value of the
233233 real property in the district.
234234 SECTION 2. The Double M Municipal Utility District of
235235 Grayson County initially includes all the territory contained in
236236 the following area:
237237 TRACT 2 ID 134711 & 271594
238238 Situated I the County of Grayson, State of Texas, being part
239239 of the Robert Mason Survey, Abstract No. 784, and the William
240240 Richard Survey, Abstract No. 998, being all of Blocks Twenty three
241241 (23), Twenty Four (24), and part of Block Twenty Five (25) of "The
242242 Gunter Farms" as shown by plat of re3cord in Volume 203, Page 272,
243243 Deed Records, Grayson County, Texas, being all of a tract of land
244244 described as being 117.2 acres in Tract No. 18 (Block 23 of The
245245 Gunter Farms), all of a tract of land described as being 60 acres in
246246 Tract No. 23 9part of Block 24 of the Gunter Farms), part of a
247247 146.00 acre tract of land described in Tract No. 34, all of a tract
248248 of land described as 77.74 acres in Tract No. 35 (part of Block 25
249249 of The Gunter Farms) and all of tract of land described as being
250250 66.68 acres in Tract No. 36 (part of Block 24 of The Gunter Farms)
251251 in deed from the Nelson Bunker Hunt Trust Estate to Land Owners
252252 General Partner, Inc., dated September 30, 1988, recorded in Volume
253253 2004, Page 268, Real Property Records, Grayson County, Texas, and
254254 being more particularly described by metes and bounds as follows
255255 to-wit:
256256 BEGINNING at a set spike nail and flasher in the center of a
257257 North/South public road Scharff Road, and on the West line of said
258258 Mason Survey, said nail maintaining the northwest corner of both
259259 said 117.2 acre tract, and Block 23 of The Gunter Farms;
260260 THENCE North 89 deg. 49 min. 31 sec. East, with the North line
261261 of said Block 23, passing a fence corner post on the East side of
262262 said road, and continuing with the general course of a fence, at
263263 approximately 1000ft, passing the end of said fence and continuing
264264 for a total distance of 1946.920 feet to a set 1 inch steel rod for
265265 the Northeast corner of both said 117.2 acre tract and Block 23;
266266 THENCE South 00 deg. 14 min. 41 sec. East, with the East line
267267 of Block 23, at a distance, at a distance of 37.0 ft. passing a fence
268268 corner post, and continuing with the general course of a fence for a
269269 total distance of 1650.73 feet to an angle point in said fence;
270270 THENCE South 00 deg. 24 min, 09 sec. West, continuing with the
271271 East line of Block 23, the general course of said fence, at a
272272 distance of 944 ft. passing a fence corner post at a turn to the
273273 Southwest in said fence, and continuing for a total distance of
274274 1050.85 feet to a set spike nail and flasher in the center of an
275275 East/West public road known as Stiff Chapel Road, and on the North
276276 line of both said 66.68 acre tract and Block 24 of the Gunter Farms,
277277 said nail maintaining the Southeast corner of both said 117.2 acre
278278 tract and Block 23;
279279 THENCE North 89 deg. 19 min. 42 sec. East, with the North line
280280 of said 66.68 acre tract and Block 24 of of the Gunter Farms,
281281 passing their Northeast corner, the Northwest corner of both said
282282 77.74 acre tract and Block 25 of the Gunter Farms, and continuing
283283 for a total distance of 1999.78 feet to a set spike nail and flasher
284284 for the Northeast corner of both said 77.74 acre tract and Block 25;
285285 THENCE South 02 deg. 14 min. 09 sec. East, with the general
286286 course of a fence maintaining the East line of both said 77.74 acre
287287 tract and Block 5, a distance of 1586.76 feet to a point in a pond;
288288 Thence South 00 deg. 59 min. 34 sec. West, continuing with the
289289 general course of said fence, the East line of both said 77.74 acre
290290 tract and Block 25, a distance of 719.96 feet to a fence corner post
291291 in concrete maintaining the Southeast corner of said 77.74 acre
292292 tract, the Northeast corner of a 25 2/3 acre Less & EXPECTED in said
293293 Tract No.35;
294294 THENCE South 88 deg. 52 min. 42 sec. West, with the general
295295 course of a fence maintaining the South line of said 77.74 acre
296296 tract, passing an all corner of Block 25, and continuing with a
297297 South line of Block 25, passing its most Westerly Southwest corner,
298298 the Southeast of both said 66.68 acre tract and Block 24 of Gunter
299299 Farms, and Continuing for a total distance of 2372.36 feet to an
300300 angle point in said fence.
301301 THENCE South 86 deg. 54 min. 19 sec. West, Continuing with the
302302 general course of said fence, the South line of both said 66.68 acre
303303 tract and Block 24, passing their Southwest corner of the West line
304304 of aid Mason Survey, the East line of said Richards Survey, the most
305305 Easterly Southeast corner of said 145.00 acre tract, and continuing
306306 for a total distance of 2370.47 feet to a 4 inch dia. Pipe fence
307307 corner post in concrete on a West line of said 146.00 acre tract;
308308 THENCE North 02 deg. 35 min. 21 sec. West, with the general
309309 course of a fence maintaining a West line of said 146.00 acre tract,
310310 passing a fence corner post on the South side of the above mentioned
311311 Stiff Chapel Road, and continuing for a total distance of 2354.25
312312 feet to a set spike nail and flasher in the center of said road, said
313313 nail maintaining the most Northerly Northwest corner of said 146.00
314314 acre tract;
315315 THENCE North 86 deg. 27 min. 26 sec. East, with the center of
316316 said road, the North line of said 146.00 acre tract, a distance of
317317 971.12 feet to a set spike nail and flasher at the intersection of
318318 the center of said road with the center of the above mentioned
319319 Scharff Road on the East line of said Richards Survey, the West line
320320 of the said Mason Survey, said nail maintaining the Northwest
321321 corner of Block 24, the Southwest corner of Block 23 of the Gunter
322322 Farms;
323323 THENCE North 01 deg. 30 min. 00 sec. West, with the enter of
324324 said Scharff Road, the West line of said Mason Survey, the West line
325325 of said Block 23, a distance of 2742.74 feet to the place beginning
326326 and containing 374.17 acre of land, more or less.
327327 TRACT 3 ID 134810
328328 All that certain tract or parcel of land situated in the
329329 William Richards Survey, Abstract Number 998, County of Grayson,
330330 State of Texas; said tract being all of a called 160 acre tract as
331331 described in Tract 21, and all of a called acre tract as described
332332 in Tract 22 in Substitute Trustee's Deed to John Hancock Mutual Life
333333 Insurance Co., dated 07 July 192, and Recorded I Volume 2220 Page
334334 297 of the Deed Records of the County of Grayson, State of Texas,
335335 and being more fully described as follows:
336336 BEGINNING for the southwest corner of the tract being
337337 described herein at a found 1/2 inch steel square tubing, said
338338 tubing being the southwest corner of said Tract 22, the southeast
339339 corner of tract 15, and the northeast corner of a called 76.73 acre
340340 tract as shown by Deed to Erwin Jaresh, dated 06 November 1963, and
341341 Recorded in Volume 992 Page 516 of said Deed Records, said tubing
342342 also being in the center4 line of Stiff Chapel Road (a gravel
343343 surfaced public road, and the center line of Jaresh Road (a gravel
344344 surfaced public road):
345345 THENCE North 01 degrees 04 minute 00 seconds West, with the
346346 west line of said Tract 22, and with the east line of said tract 15,
347347 a distance of 2663.33 feet to a found 1/2 inch Rebar for northwest
348348 corner of said Tract 22, the northeast corner of tract 15, and the
349349 southwest corner of tract 20 of said John Hancock Deed;
350350 THENCE North 88 degrees 48 minutes 47 seconds East, with the
351351 North line of said Tract 21 and 22, and the south line of said tract
352352 20, a distance of 3725.83 feet to as set 1/2 inch square tubing for
353353 the northeast corner of said Tract 21, and the southeast corner of
354354 said tract 29, and Scharff Road.
355355 THENCE South 01 degrees 16 minutes 42 seconds East, with the
356356 east line of said Tract 21, and in said Scharff Road, a distance of
357357 2643.27 feet to a found 1/2 inch steel square tubing for the
358358 southeast corner of said Tract 21;
359359 THENCE South 87 degrees 39 minutes 40 seconds West, with the
360360 South line said Tract 21, and in said Stiff Chapel Road, a distance
361361 of 970.94 feet to a found 1/2 inch steel square tubing for a corner;
362362 THENCE South 87 degrees 58 minutes 20 seconds West, with the
363363 South line of said Tract 21 and 22, a distance of 2135.72 feet to a
364364 found Spike Nail for a corner.
365365 THENCE South 89 degrees 47 minutes 50 seconds West, with the
366366 south line of said Tract 22, and in said road a distance of 629.46
367367 feet to the POINT OF NEGINNING and containing 227.268 acres of land
368368 TRACT 5 ID 134710
369369 All that certain tract or parcel of land situated in the
370370 Robert Mason Survey, Abstract Number 784, County of Grayson, State
371371 of Texas; said tract being all of a called 153.7 acre tract as
372372 described in Tract 24, and all of a called 25.66 acre tract as
373373 described in Tract 25 in the Substitute Trustee's Deed to John
374374 Hancock Mutual Life Insurance Co., dated 07 July 1992, and Recorded
375375 in Volume 2220 Page 297 of the Deed Records of County of Grayson,
376376 State of Texas, and being more fully described as follows:
377377 BEGINNING for the southwest corner of the tract being
378378 described herein at a found 1/2 inch rebar by a wood fence corner
379379 post, said rebar being the southwest corner o said Tract 25, and the
380380 northwest corner of a called 112.268 acre tract as shown by Deed to
381381 The Calla Lillie Dickie Family Trust, dated September 1990, and
382382 Recorded in Volume 2116 Page 696 of said Deed Records;
383383 THENCE North 02 degrees 33 minutes 15 seconds West, with the
384384 west line of said Tract 25, a distance of 960.89 feet to a Cross-Tie
385385 fence corner post on the south line of a Tract 35 of said John
386386 Hancock Deed;
387387 THENCE North 89 degrees 55 minutes 32 seconds East, with the
388388 north line of said Tract 25, and with the south line of said Tract
389389 35, a distance of 1185.26 feet to a set 1/2 inch rebar for the
390390 northeast corner of said Tract 25, and the southeast corner of said
391391 Tract 35, and on the west line of said Tract 24;
392392 THENCE North 02 degrees 14 minutes 17 seconds East, with the
393393 west line of said Tract 24, and the east line of said Tract 35, a
394394 distance of 279.28 feet to a wood fence corner post for a corner;
395395 THENCE North 00 degrees 16 minutes 13 seconds East, with the
396396 west line of said Tract 24, and the east line of said Tract 35, a
397397 distance of 428.41 feet to a metal T-Post fence corner post for a
398398 corner.
399399 THENCE North 00 degrees 31 minutes 40 seconds West, with the
400400 west line of said Tract 24, and the east line of said Tract 35, a
401401 distance of 1598.67 feet to a found Spike Nail for the northwest
402402 corner of said Tract 24, and the northeast corner of said Tract 35,
403403 said Spike Nail being in the center line of Stiff Chapel Road 9an
404404 asphalt surfaced public road);
405405 THENCE South 89 degrees 30 minutes 51 seconds East with the
406406 north line of said Tract 24, and with said road, a distance of
407407 2041.00 feet to a found 1/2 inch rebar for the northeast corner of
408408 said Tract 24;
409409 THENCE South 00 degrees 16 minutes 08 seconds East, with the
410410 east line of said Tract 24, and with Old Skaggs Road (a gavel
411411 surfaced public road0, a distance of 3261.34 feet to a found 1/2
412412 inch rebar for the southeast corner of said Tract 24, and the
413413 northeast corner of said Dickie Family Trust Tract:
414414 THENCE North 89 degrees 48 minutes 05 seconds West, with the
415415 south line of said Tracts 24 and 25, and with the North line of said
416416 Dickie Family Trust tract, a distance of 3196.90 feet to the POINT
417417 OF BEGINNING and containing 178.842 acres of land.
418418 SECTION 3. (a) The legal notice of the intention to
419419 introduce this Act, setting forth the general substance of this
420420 Act, has been published as provided by law, and the notice and a
421421 copy of this Act have been furnished to all persons, agencies,
422422 officials, or entities to which they are required to be furnished
423423 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
424424 Government Code.
425425 (b) The governor, one of the required recipients, has
426426 submitted the notice and Act to the Texas Commission on
427427 Environmental Quality.
428428 (c) The Texas Commission on Environmental Quality has filed
429429 its recommendations relating to this Act with the governor, the
430430 lieutenant governor, and the speaker of the house of
431431 representatives within the required time.
432432 (d) All requirements of the constitution and laws of this
433433 state and the rules and procedures of the legislature with respect
434434 to the notice, introduction, and passage of this Act are fulfilled
435435 and accomplished.
436436 SECTION 4. (a) If this Act does not receive a two-thirds
437437 vote of all the members elected to each house, Subchapter C, Chapter
438438 8314, Special District Local Laws Code, as added by Section 1 of
439439 this Act, is amended by adding Section 8314.0307 to read as follows:
440440 Sec. 8314.0307. NO EMINENT DOMAIN POWER. The district may
441441 not exercise the power of eminent domain.
442442 (b) This section is not intended to be an expression of a
443443 legislative interpretation of the requirements of Section 17(c),
444444 Article I, Texas Constitution.
445445 SECTION 5. This Act takes effect September 1, 2019.