Texas 2021 - 87th Regular

Texas House Bill HB4581 Compare Versions

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11 87R10944 SGM-F
22 By: Vasut H.B. No. 4581
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Brazoria County Municipal Utility
88 District No. 82; 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 8153 to read as follows:
1414 CHAPTER 8153. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 82
1515 SUBCHAPTER A. GENERAL PROVISIONS
1616 Sec. 8153.0101. DEFINITIONS. In this chapter:
1717 (1) "Board" means the district's board of directors.
1818 (2) "Commission" means the Texas Commission on
1919 Environmental Quality.
2020 (3) "Director" means a board member.
2121 (4) "District" means the Brazoria County Municipal
2222 Utility District No. 82.
2323 Sec. 8153.0102. NATURE OF DISTRICT. The district is a
2424 municipal utility district created under Section 59, Article XVI,
2525 Texas Constitution.
2626 Sec. 8153.0103. CONFIRMATION AND DIRECTOR ELECTION
2727 REQUIRED. The temporary directors shall hold an election to
2828 confirm the creation of the district and to elect five permanent
2929 directors as provided by Section 49.102, Water Code.
3030 Sec. 8153.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3131 temporary directors may not hold an election under Section
3232 8153.0103 until each municipality in whose corporate limits or
3333 extraterritorial jurisdiction the district is located has
3434 consented by ordinance or resolution to the creation of the
3535 district and to the inclusion of land in the district.
3636 Sec. 8153.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3737 (a) The district is created to serve a public purpose and benefit.
3838 (b) The district is created to accomplish the purposes of:
3939 (1) a municipal utility district as provided by
4040 general law and Section 59, Article XVI, Texas Constitution; and
4141 (2) Section 52, Article III, Texas Constitution, that
4242 relate to the construction, acquisition, improvement, operation,
4343 or maintenance of macadamized, graveled, or paved roads, or
4444 improvements, including storm drainage, in aid of those roads.
4545 Sec. 8153.0106. INITIAL DISTRICT TERRITORY. (a) The
4646 district is initially composed of the territory described by
4747 Section 2 of the Act enacting this chapter.
4848 (b) The boundaries and field notes contained in Section 2 of
4949 the Act enacting this chapter form a closure. A mistake made in the
5050 field notes or in copying the field notes in the legislative process
5151 does not affect the district's:
5252 (1) organization, existence, or validity;
5353 (2) right to issue any type of bond for the purposes
5454 for which the district is created or to pay the principal of and
5555 interest on a bond;
5656 (3) right to impose a tax; or
5757 (4) legality or operation.
5858 SUBCHAPTER B. BOARD OF DIRECTORS
5959 Sec. 8153.0201. GOVERNING BODY; TERMS. (a) The district is
6060 governed by a board of five elected directors.
6161 (b) Except as provided by Section 8153.0202, directors
6262 serve staggered four-year terms.
6363 Sec. 8153.0202. TEMPORARY DIRECTORS. (a) On or after the
6464 effective date of the Act enacting this chapter, the owner or owners
6565 of a majority of the assessed value of the real property in the
6666 district may submit a petition to the commission requesting that
6767 the commission appoint as temporary directors the five persons
6868 named in the petition. The commission shall appoint as temporary
6969 directors the five persons named in the petition.
7070 (b) Temporary directors serve until the earlier of:
7171 (1) the date permanent directors are elected under
7272 Section 8153.0103; or
7373 (2) the fourth anniversary of the effective date of
7474 the Act enacting this chapter.
7575 (c) If permanent directors have not been elected under
7676 Section 8153.0103 and the terms of the temporary directors have
7777 expired, successor temporary directors shall be appointed or
7878 reappointed as provided by Subsection (d) to serve terms that
7979 expire on the earlier of:
8080 (1) the date permanent directors are elected under
8181 Section 8153.0103; or
8282 (2) the fourth anniversary of the date of the
8383 appointment or reappointment.
8484 (d) If Subsection (c) applies, the owner or owners of a
8585 majority of the assessed value of the real property in the district
8686 may submit a petition to the commission requesting that the
8787 commission appoint as successor temporary directors the five
8888 persons named in the petition. The commission shall appoint as
8989 successor temporary directors the five persons named in the
9090 petition.
9191 SUBCHAPTER C. POWERS AND DUTIES
9292 Sec. 8153.0301. GENERAL POWERS AND DUTIES. The district
9393 has the powers and duties necessary to accomplish the purposes for
9494 which the district is created.
9595 Sec. 8153.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9696 DUTIES. The district has the powers and duties provided by the
9797 general law of this state, including Chapters 49 and 54, Water Code,
9898 applicable to municipal utility districts created under Section 59,
9999 Article XVI, Texas Constitution.
100100 Sec. 8153.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
101101 52, Article III, Texas Constitution, the district may design,
102102 acquire, construct, finance, issue bonds for, improve, operate,
103103 maintain, and convey to this state, a county, or a municipality for
104104 operation and maintenance macadamized, graveled, or paved roads, or
105105 improvements, including storm drainage, in aid of those roads.
106106 Sec. 8153.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107107 road project must meet all applicable construction standards,
108108 zoning and subdivision requirements, and regulations of each
109109 municipality in whose corporate limits or extraterritorial
110110 jurisdiction the road project is located.
111111 (b) If a road project is not located in the corporate limits
112112 or extraterritorial jurisdiction of a municipality, the road
113113 project must meet all applicable construction standards,
114114 subdivision requirements, and regulations of each county in which
115115 the road project is located.
116116 (c) If the state will maintain and operate the road, the
117117 Texas Transportation Commission must approve the plans and
118118 specifications of the road project.
119119 Sec. 8153.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120120 ORDINANCE OR RESOLUTION. The district shall comply with all
121121 applicable requirements of any ordinance or resolution that is
122122 adopted under Section 54.016 or 54.0165, Water Code, and that
123123 consents to the creation of the district or to the inclusion of land
124124 in the district.
125125 Sec. 8153.0306. DIVISION OF DISTRICT. (a) The district may
126126 be divided into two or more new districts only if the district:
127127 (1) has no outstanding bonded debt; and
128128 (2) is not imposing ad valorem taxes.
129129 (b) This chapter applies to any new district created by the
130130 division of the district, and a new district has all the powers and
131131 duties of the district.
132132 (c) A new district created by the division of the district
133133 may not, at the time the new district is created, contain any land
134134 outside the area described by Section 2 of the Act enacting this
135135 chapter.
136136 (d) The board, on its own motion or on receipt of a petition
137137 signed by the owner or owners of a majority of the assessed value of
138138 the real property in the district, may adopt an order dividing the
139139 district.
140140 (e) The board may adopt an order dividing the district
141141 before or after the date the board holds an election under Section
142142 8153.0103 to confirm the district's creation.
143143 (f) An order dividing the district shall:
144144 (1) name each new district;
145145 (2) include the metes and bounds description of the
146146 territory of each new district;
147147 (3) appoint temporary directors for each new district;
148148 and
149149 (4) provide for the division of assets and liabilities
150150 between the new districts.
151151 (g) On or before the 30th day after the date of adoption of
152152 an order dividing the district, the district shall file the order
153153 with the commission and record the order in the real property
154154 records of each county in which the district is located.
155155 (h) Any new district created by the division of the district
156156 shall hold a confirmation and directors' election as required by
157157 Section 8153.0103.
158158 (i) If the creation of the new district is confirmed, the
159159 new district shall provide the election date and results to the
160160 commission.
161161 (j) Any new district created by the division of the district
162162 must hold an election as required by this chapter to obtain voter
163163 approval before the district may impose a maintenance tax or issue
164164 bonds payable wholly or partly from ad valorem taxes.
165165 (k) Municipal consent to the creation of the district and to
166166 the inclusion of land in the district granted under Section
167167 8153.0104 acts as municipal consent to the creation of any new
168168 district created by the division of the district and to the
169169 inclusion of land in the new district.
170170 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
171171 Sec. 8153.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
172172 The district may issue, without an election, bonds and other
173173 obligations secured by:
174174 (1) revenue other than ad valorem taxes; or
175175 (2) contract payments described by Section 8153.0403.
176176 (b) The district must hold an election in the manner
177177 provided by Chapters 49 and 54, Water Code, to obtain voter approval
178178 before the district may impose an ad valorem tax or issue bonds
179179 payable from ad valorem taxes.
180180 (c) The district may not issue bonds payable from ad valorem
181181 taxes to finance a road project unless the issuance is approved by a
182182 vote of a two-thirds majority of the district voters voting at an
183183 election held for that purpose.
184184 Sec. 8153.0402. OPERATION AND MAINTENANCE TAX. (a) If
185185 authorized at an election held under Section 8153.0401, the
186186 district may impose an operation and maintenance tax on taxable
187187 property in the district in accordance with Section 49.107, Water
188188 Code.
189189 (b) The board shall determine the tax rate. The rate may not
190190 exceed the rate approved at the election.
191191 Sec. 8153.0403. CONTRACT TAXES. (a) In accordance with
192192 Section 49.108, Water Code, the district may impose a tax other than
193193 an operation and maintenance tax and use the revenue derived from
194194 the tax to make payments under a contract after the provisions of
195195 the contract have been approved by a majority of the district voters
196196 voting at an election held for that purpose.
197197 (b) A contract approved by the district voters may contain a
198198 provision stating that the contract may be modified or amended by
199199 the board without further voter approval.
200200 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
201201 Sec. 8153.0501. AUTHORITY TO ISSUE BONDS AND OTHER
202202 OBLIGATIONS. The district may issue bonds or other obligations
203203 payable wholly or partly from ad valorem taxes, impact fees,
204204 revenue, contract payments, grants, or other district money, or any
205205 combination of those sources, to pay for any authorized district
206206 purpose.
207207 Sec. 8153.0502. TAXES FOR BONDS. At the time the district
208208 issues bonds payable wholly or partly from ad valorem taxes, the
209209 board shall provide for the annual imposition of a continuing
210210 direct ad valorem tax, without limit as to rate or amount, while all
211211 or part of the bonds are outstanding as required and in the manner
212212 provided by Sections 54.601 and 54.602, Water Code.
213213 Sec. 8153.0503. BONDS FOR ROAD PROJECTS. At the time of
214214 issuance, the total principal amount of bonds or other obligations
215215 issued or incurred to finance road projects and payable from ad
216216 valorem taxes may not exceed one-fourth of the assessed value of the
217217 real property in the district.
218218 SECTION 2. The Brazoria County Municipal Utility District
219219 No. 82 initially includes all the territory contained in the
220220 following area:
221221 Beginning at a concrete monument found in the easterly
222222 right-of-way line of F. M. Highway 521 (100-feet wide) for the
223223 northwest corner of said called 541.131 acre tract, same being the
224224 southwest corner of an adjoining called 2.97 acre tract recorded
225225 under County Clerk's File Number 01-008056, Office of the County
226226 Clerk, Brazoria County, Texas, for the northwest corner and Place
227227 of Beginning of the herein described tract;
228228 Thence North 87 degrees 05 minutes 19 seconds East along the
229229 north line of the herein described tract and said called 541.131
230230 acre tract, same being the south line of said adjoining called 2.97
231231 acre tract, and the south line of an adjoining called 96.50 acre
232232 tract recorded under County Clerk's File Number 00-016352, Office
233233 of the County Clerk, Brazoria County, Texas, 2,947.41 feet to a
234234 concrete monument found for angle point, said point being the
235235 southeast corner of said adjoining called 96.50 acre tract, same
236236 being the southwest corner of the adjoining residue of a called
237237 36.97 acre tract recorded under County Clerk's File Number
238238 94-019052, Office of the County Clerk, Brazoria County, Texas;
239239 Thence North 86 degrees 57 minutes 34 seconds East along the
240240 north line of the herein described tract and said called 541.131
241241 acre tract, same being the south line of said adjoining called 36.97
242242 acre tract, 861.64 feet to the northwest corner of an adjoining
243243 called 43.308 acre tract recorded under County Clerk's File Number
244244 2017048421, Office of the County Clerk, Brazoria County, Texas, and
245245 described under County Clerk's File Number 2002063838, Office of
246246 the County Clerk, Brazoria County, Texas, for the upper northeast
247247 corner of the herein described tract;
248248 Thence South 03 degrees 24 minutes 10 seconds East along the
249249 common line of the herein described tract and said adjoining called
250250 43.308 acre tract, 1,622.24 feet to the southwest corner of said
251251 adjoining called 43.308 acre tract, said point being in the north
252252 line of the aforementioned residue of a called 60 acre tract;
253253 Thence North 86 degrees 26 minutes 35 seconds East continuing
254254 along said common line, 825.98 feet to a point in the west
255255 right-of-way line of State Highway 288 for the middle northeast
256256 corner of the herein described tract, same being the southeast
257257 corner of said adjoining called 43.308 acre tract;
258258 Thence South 08 degrees 10 minutes 09 seconds East along the
259259 west right-of-way line of State Highway 288, 1,184.70 feet to the
260260 beginning of a curve to the right;
261261 Thence with said curve to the right, continuing along the
262262 west right-of-way line of State Highway 288, having a central angle
263263 of 01 degree 53 minutes 42 seconds, an arc length of 372.03 feet, a
264264 radius of 11,249.16 feet, and a chord bearing South 07 degrees 13
265265 minutes 18 seconds East, 372.02 feet to the northeast corner of an
266266 adjoining called 4.9560 acre tract (Tract One) recorded under
267267 County Clerk's File Number 96-0362520, Office of the County Clerk,
268268 Brazoria County, Texas;
269269 Thence South 86 degrees 48 minutes 29 seconds West along the
270270 common line of the herein described tract and said adjoining called
271271 4.9560 acre tract, 271.50 feet to the northwest corner of said
272272 adjoining called 4.9560 acre tract for a reentry corner to the
273273 herein described tract;
274274 Thence South 02 degrees 12 minutes 28 seconds East continuing
275275 along said common line, 734.87 feet to the southwest corner of said
276276 adjoining called 4.9560 acre tract for a reentry corner to the
277277 herein described tract;
278278 Thence North 87 degrees 09 minutes 47 seconds East continuing
279279 along said common line, 299.63 feet to the southeast corner of said
280280 adjoining called 4.9560 acre tract for the lower northeast corner
281281 of the herein described tract, said point being in the west
282282 right-of-way line of State Highway 288, and being in a non-tangent
283283 curve to the right;
284284 Thence with said non-tangent curve to the right, along the
285285 west right-of-way line of State Highway 288, having a central angle
286286 of 02 degrees 16 minutes 29 seconds, an arc length of 446.63 feet, a
287287 radius of 11,249.16 feet, and a chord bearing South 01 degree 23
288288 minutes 01 second East, 446.60 feet to the end of said curve;
289289 Thence South 00 degrees 14 minutes 46 seconds East continuing
290290 along the west right-of-way line of State Highway 288, 1,890.37
291291 feet to the northeast corner of an adjoining called 15 acre tract
292292 recorded under County Clerk's File Number 02-067061, Office of the
293293 County Clerk, Brazoria County, Texas, for the upper southeast
294294 corner of the herein described tract, being the upper southeast
295295 corner of the aforementioned called 170.00 acre tract;
296296 Thence South 87 degrees 02 minutes 34 seconds West along the
297297 upper south line of the herein described tract, same being the north
298298 line of said adjoining called 15 acre tract, 354.62 feet to the
299299 northwest corner of said adjoining called 15 acre tract, same being
300300 the northeast corner of an adjoining called 91.87 acre tract (Tract
301301 Three) recorded under County Clerk's File Number 2015014625, Office
302302 of the County Clerk, Brazoria County, Texas, and described in
303303 Volume 362, Page 470, Deed Records, Brazoria County, Texas, for an
304304 angle point, said point being in the centerline of the Angleton
305305 Protection Levee;
306306 Thence South 86 degrees 59 minutes 15 seconds West along the
307307 north line of said adjoining called 91.87 acre tract, 2,103.32 feet
308308 to the northwest corner of said adjoining called 91.87 acre tract,
309309 for a reentry corner to the herein described tract, said point being
310310 in the west line of said J. W. Cloud Survey, Abstract 169, same
311311 being the east line of said George Robinson League, Abstract 126;
312312 Thence South 02 degrees 44 minutes 56 seconds East along the
313313 east line of said George Robinson League, Abstract 126, same being
314314 the west line of said J. W. Cloud Survey, Abstract 169, and the west
315315 line of said adjoining called 91.87 acre tract, 803.82 feet to an
316316 angle point, being the lower southeast corner of said called 170.00
317317 acre tract, same being the northeast corner of the aforementioned
318318 residue of a called 134 acre tract;
319319 Thence South 02 degrees 50 minutes 23 seconds East continuing
320320 along said line, 655.23 feet to a point for the lower southeast
321321 corner of the herein described tract and said residue of a called
322322 134 acre tract, same being the northeast corner of an adjoining
323323 called 116.155 acre tract recorded under County Clerk's File Number
324324 2018029439, Office of the County Clerk, Brazoria County, Texas;
325325 Thence South 86 degrees 53 minutes 29 seconds West along the lower
326326 south line of the herein described tract, same being the north line
327327 of said adjoining called 116.155 acre tract, and the north line of
328328 an adjoining called 4.52 acre tract recorded under County Clerk's
329329 File Number 2010021440, Office of the County Clerk, 3,742.61 feet
330330 to a point for the lower southwest corner of the herein described
331331 tract, same being the southeast corner of the adjoining residue of a
332332 called 1.0 acre tract recorded in Volume 1251, Page 707, Deed
333333 Records, Brazoria County, Texas;
334334 Thence North 04 degrees 36 minutes 11 seconds West along the
335335 common line of the herein described tract and said adjoining
336336 residue of a called 1.0 acre tract, 158.90 feet to the northeast
337337 corner of said adjoining called 1.0 acre tract;
338338 Thence South 87 degrees 02 minutes 13 seconds West continuing
339339 along said common line, 277.30 feet to the northwest corner of said
340340 adjoining residue of a called 1.0 acre tract, said point being in
341341 the east right-of-way line of County Road 44, and being in a
342342 non-tangent curve to the right;
343343 Thence with said non-tangent curve to the right, being the
344344 east right-of-way line of County Road 44, having a central angle of
345345 14 degrees 56 minutes 06 seconds, an arc length of 723.70 feet, a
346346 radius of 2,776.40 feet, and a chord bearing North 13 degrees 22
347347 minutes 44 seconds West, 721.66 feet to the southwest corner of an
348348 adjoining called 1.0371 acre tract recorded under County Clerk's
349349 File Number 2008008925, Office of the County Clerk, Brazoria
350350 County, Texas;
351351 Thence North 84 degrees 54 minutes 13 seconds East along the
352352 common line of the herein described tract and said adjoining called
353353 1.0371 acre tract, 252.52 feet to the southeast corner of said
354354 adjoining called 1.0371 acre tract for a reentry corner to the
355355 herein described tract;
356356 Thence North 04 degrees 18 minutes 51 seconds West continuing
357357 along said common line, 181.64 feet to the northeast corner of said
358358 adjoining called 1.0371 acre tract for a reentry corner to the
359359 herein described tract;
360360 Thence South 84 degrees 43 minutes 22 seconds West continuing
361361 along said common line, 251.68 feet to the northwest corner of said
362362 adjoining called 1.0371 acre tract, said point being in the east
363363 right-of-way line of County Road 44, and being in a non-tangent
364364 curve to the right;
365365 Thence with said non-tangent curve to the right, being the
366366 east right-of-way line of County Road 44, transitioning to the
367367 easterly right-of-way line of F. M. Highway 521, having a central
368368 angle of 10 degrees 03 minutes 42 seconds, an arc length of 487.56
369369 feet, a radius of 2,776.40 feet, and a chord bearing North 02
370370 degrees 51 minutes 09 seconds East, 486.94 feet to the southwest
371371 corner of an adjoining tract being called Lot 5 and the South
372372 60-feet of Lot 6, Block 35, Fruitland Subdivision, as evidenced in
373373 deed recorded under County Clerk's File Number 2006000498, Office
374374 of the County Clerk, Brazoria County, Texas;
375375 Thence North 87 degrees 06 minutes 39 seconds East along the
376376 common line of the herein described tract and said adjoining
377377 Fruitland Subdivision tract, 132.66 feet to the southeast corner of
378378 said adjoining Fruitland Subdivision tract for a reentry corner to
379379 the herein described tract;
380380 Thence North 02 degrees 53 minutes 20 seconds West continuing
381381 along said common line, 60.00 feet to the northeast corner of said
382382 adjoining Fruitland Subdivision tract for a reentry corner to the
383383 herein described tract;
384384 Thence South 87 degrees 06 minutes 39 seconds West continuing
385385 along said common line, 120.56 feet to the northwest corner of said
386386 adjoining Fruitland Subdivision tract, said point being in the
387387 easterly right-of-way line of F. M. Highway 521, and being in a
388388 non-tangent curve to the right;
389389 Thence with said non-tangent curve to the right, being the
390390 easterly right-of-way line of F. M. Highway 521, having a central
391391 angle of 04 degrees 50 minutes 12 seconds, an arc length of 234.37
392392 feet, a radius of 2,776.40 feet, and a chord bearing North 11
393393 degrees 33 minutes 54 seconds East, 234.31 feet to the end of said
394394 curve;
395395 Thence North 13 degrees 58 minutes 59 seconds East along the
396396 westerly line of the herein described tract, same being the
397397 easterly right-of-way line of F. M. Highway 521, 302.34 feet to a
398398 concrete monument found for angle point, said point being the
399399 northwest corner of said called 170.00 acre tract, same being the
400400 southwest corner of the aforementioned called 170.66 acre tract;
401401 Thence North 14 degrees 05 minutes 31 seconds East continuing
402402 along said line, 973.60 feet to the southwest corner of the
403403 adjoining residue of a called 2 acre tract recorded in Volume 122,
404404 Page 203, Deed Records, Brazoria County, Texas;
405405 Thence North 87 degrees 21 minutes 22 seconds East along the
406406 common line of the herein described tract and said adjoining
407407 residue of a called 2 acre tract, 1,700.63 feet to the southeast
408408 corner of said adjoining called 2 acre tract for a reentry corner to
409409 the herein described tract;
410410 Thence North 02 degrees 38 minutes 38 seconds West continuing
411411 along said common line, 50.00 feet to the northeast corner of said
412412 adjoining residue of a called 2 acre tract for a reentry corner to
413413 the herein described tract;
414414 Thence South 87 degrees 21 minutes 22 seconds West continuing
415415 along said common line, 1,685.60 feet to the northwest corner of
416416 said adjoining residue of a called 2 acre tract for the upper
417417 southwest corner of the herein described tract, said point being in
418418 the easterly right-of-way line of F. M. Highway 521;
419419 Thence North 14 degrees 05 minutes 31 seconds East along the
420420 westerly line of the herein described tract, same being the
421421 easterly right-of-way line of F. M. Highway 521, 217.09 feet to an
422422 angle point, said point being the northwest corner of said called
423423 170.66 acre tract, same being the southwest corner of the
424424 aforementioned residue of a called 541.131 acre tract;
425425 Thence North 14 degrees 02 minutes 37 seconds East continuing
426426 along the westerly line of the herein described tract, same being
427427 the easterly right-of-way line of F. M. Highway 521, 4,611.00 feet
428428 to the Place of Beginning and containing 911.12 acres of land, more
429429 or less.
430430 SECTION 3. (a) The legal notice of the intention to
431431 introduce this Act, setting forth the general substance of this
432432 Act, has been published as provided by law, and the notice and a
433433 copy of this Act have been furnished to all persons, agencies,
434434 officials, or entities to which they are required to be furnished
435435 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
436436 Government Code.
437437 (b) The governor, one of the required recipients, has
438438 submitted the notice and Act to the Texas Commission on
439439 Environmental Quality.
440440 (c) The Texas Commission on Environmental Quality has filed
441441 its recommendations relating to this Act with the governor, the
442442 lieutenant governor, and the speaker of the house of
443443 representatives within the required time.
444444 (d) All requirements of the constitution and laws of this
445445 state and the rules and procedures of the legislature with respect
446446 to the notice, introduction, and passage of this Act are fulfilled
447447 and accomplished.
448448 SECTION 4. (a) If this Act does not receive a two-thirds
449449 vote of all the members elected to each house, Subchapter C, Chapter
450450 8153, Special District Local Laws Code, as added by Section 1 of
451451 this Act, is amended by adding Section 8153.0307 to read as follows:
452452 Sec. 8153.0307. NO EMINENT DOMAIN POWER. The district may
453453 not exercise the power of eminent domain.
454454 (b) This section is not intended to be an expression of a
455455 legislative interpretation of the requirements of Section 17(c),
456456 Article I, Texas Constitution.
457457 SECTION 5. This Act takes effect immediately if it receives
458458 a vote of two-thirds of all the members elected to each house, as
459459 provided by Section 39, Article III, Texas Constitution. If this
460460 Act does not receive the vote necessary for immediate effect, this
461461 Act takes effect September 1, 2021.