Texas 2021 - 87th Regular

Texas House Bill HB4584 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4584
	1	+	By: Ellzey (Senate Sponsor - Birdwell) H.B. No. 4584
	2	+	(In the Senate - Received from the House May 17, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on Local
	4	+	Government; May 24, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	6	+	May 24, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4584 By: Springer
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation of the Sterrett Road Municipal Management
6	14		District; providing authority to issue bonds; providing authority
7	15		to impose assessments, fees, and taxes.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	18		Code, is amended by adding Chapter 3959 to read as follows:
11	19		CHAPTER 3959. STERRETT ROAD MUNICIPAL MANAGEMENT DISTRICT
12	20		SUBCHAPTER A. GENERAL PROVISIONS
13	21		Sec. 3959.0001. DEFINITIONS. In this chapter:
14	22		(1) "Board" means the district's board of directors.
15	23		(2) "City" means the City of Waxahachie.
16	24		(3) "Director" means a board member.
17	25		(4) "District" means the Sterrett Road Municipal
18	26		Management District.
19	27		Sec. 3959.0002. NATURE OF DISTRICT. The Sterrett Road
20	28		Municipal Management District is a special district created under
21	29		Section 59, Article XVI, Texas Constitution.
22	30		Sec. 3959.0003. PURPOSE; DECLARATION OF INTENT. (a) The
23	31		creation of the district is essential to accomplish the purposes of
24	32		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
25	33		Texas Constitution, and other public purposes stated in this
26	34		chapter.
27	35		(b) By creating the district and in authorizing the city and
28	36		other political subdivisions to contract with the district, the
29	37		legislature has established a program to accomplish the public
30	38		purposes set out in Section 52-a, Article III, Texas Constitution.
31	39		(c) The creation of the district is necessary to promote,
32	40		develop, encourage, and maintain employment, commerce,
33	41		transportation, housing, tourism, recreation, the arts,
34	42		entertainment, economic development, safety, and the public
35	43		welfare in the district.
36	44		(d) This chapter and the creation of the district may not be
37	45		interpreted to relieve the city from providing the level of
38	46		services provided as of the effective date of the Act enacting this
39	47		chapter to the area in the district. The district is created to
40	48		supplement and not to supplant city services provided in the
41	49		district.
42	50		Sec. 3959.0004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
43	51		(a) All land and other property included in the district will
44	52		benefit from the improvements and services to be provided by the
45	53		district under powers conferred by Sections 52 and 52-a, Article
46	54		III, and Section 59, Article XVI, Texas Constitution, and other
47	55		powers granted under this chapter.
48	56		(b) The district is created to serve a public use and
49	57		benefit.
50	58		(c) The creation of the district is in the public interest
51	59		and is essential to further the public purposes of:
52	60		(1) developing and diversifying the economy of the
53	61		state;
54	62		(2) eliminating unemployment and underemployment; and
55	63		(3) developing or expanding transportation and
56		-	commerce.
	64	+	commerce;
57	65		(d) The district will:
58	66		(1) promote the health, safety, and general welfare of
59	67		residents, employers, potential employees, employees, visitors,
60	68		and consumers in the district, and of the public;
61	69		(2) provide needed funding for the district to
62	70		preserve, maintain, and enhance the economic health and vitality of
63	71		the district territory as a community and business center;
64	72		(3) promote the health, safety, welfare, and enjoyment
65	73		of the public by providing pedestrian ways and by landscaping and
66	74		developing certain areas in the district, which are necessary for
67	75		the restoration, preservation, and enhancement of scenic beauty;
68	76		and
69	77		(4) provide for water, wastewater, drainage, road, and
70	78		recreational facilities for the district.
71	79		(e) Pedestrian ways along or across a street, whether at
72	80		grade or above or below the surface, and street lighting, street
73	81		landscaping, parking, and street art objects are parts of and
74	82		necessary components of a street and are considered to be a street
75	83		or road improvement.
76	84		(f) The district will not act as the agent or
77	85		instrumentality of any private interest even though the district
78	86		will benefit many private interests as well as the public.
79	87		Sec. 3959.0005. INITIAL DISTRICT TERRITORY. (a) The
80	88		district is initially composed of the territory described by
81	89		Section 2 of the Act enacting this chapter.
82	90		(b) The boundaries and field notes contained in Section 2 of
83		-	the Act enacting this chapter form a closure. A mistake in the
84		-	~~field~~ notes or in copying the field notes in the legislative process
85		-	~~does~~ not affect the district's:
	91	+	the Act enacting this chapter form a closure. A mistake in the field
	92	+	notes or in copying the field notes in the legislative process does
	93	+	not affect the district's:
86	94		(1) organization, existence, or validity;
87	95		(2) right to issue any type of bonds for the purposes
88	96		for which the district is created or to pay the principal of and
89	97		interest on the bonds;
90	98		(3) right to impose or collect an assessment or tax; or
91	99		(4) legality or operation.
92	100		Sec. 3959.0006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
93	101		All or any part of the area of the district is eligible to be
94	102		included in:
95	103		(1) a tax increment reinvestment zone created under
96	104		Chapter 311, Tax Code; or
97	105		(2) a tax abatement reinvestment zone created under
98	106		Chapter 312, Tax Code.
99	107		Sec. 3959.0007. APPLICABILITY OF MUNICIPAL MANAGEMENT
100	108		DISTRICTS LAW. Except as otherwise provided by this chapter,
101	109		Chapter 375, Local Government Code, applies to the district.
102	110		Sec. 3959.0008. CONSTRUCTION OF CHAPTER. This chapter
103	111		shall be liberally construed in conformity with the findings and
104	112		purposes stated in this chapter.
105	113		SUBCHAPTER B. BOARD OF DIRECTORS
106		-	Sec. 3959.0051. GOVERNING BODY; TERMS. (a) The district is
107		-	governed by a board of five elected directors who serve staggered
	114	+	Sec. 3959.0051. GOVERNING BODY; TERMS. (a) The district
	115	+	is governed by a board of five elected directors who serve staggered
108	116		terms of four years.
109	117		(b) Directors are elected in the manner provided by
110	118		Subchapter D, Chapter 49, Water Code.
111	119		Sec. 3959.0052. COMPENSATION; EXPENSES. (a) The district
112	120		may compensate each director in an amount not to exceed $150 for
113	121		each board meeting. The total amount of compensation for each
114	122		director in one year may not exceed $7,200.
115	123		(b) A director is entitled to reimbursement for necessary
116	124		and reasonable expenses incurred in carrying out the duties and
117	125		responsibilities of the board.
118	126		Sec. 3959.0053. INITIAL DIRECTORS. (a) The initial board
119	127		consists of the following directors:
120	128		Pos. No. Name of Director Pos. No. Name of Director
121	129		Pos. No. Name of Director
122	130		1 David Muckleroy 1 David Muckleroy
123	131		1 David Muckleroy
124	132		2 Kenner Link 2 Kenner Link
125	133		2 Kenner Link
126	134		3 Peter Madrala 3 Peter Madrala
127	135		3 Peter Madrala
128	136		4 Ian Hall 4 Ian Hall
129	137		4 Ian Hall
130	138		5 Brock Babb 5 Brock Babb
131	139		5 Brock Babb
132	140		(b) Of the initial directors, the terms of directors
133	141		appointed for positions one through three expire June 1, 2023, and
134	142		the terms of directors appointed for positions four and five expire
135	143		June 1, 2025.
136	144		SUBCHAPTER C. POWERS AND DUTIES
137	145		Sec. 3959.0101. GENERAL POWERS AND DUTIES. The district
138	146		has the powers and duties necessary to accomplish the purposes for
139	147		which the district is created.
140		-	Sec. 3959.0102. IMPROVEMENT PROJECTS AND SERVICES. ~~(a)~~
141		-	The district, using any money available to the district for ~~the~~
142		-	purpose, may provide, design, construct, acquire, improve,
	148	+	Sec. 3959.0102. IMPROVEMENT PROJECTS AND SERVICES.
	149	+	(a) The district, using any money available to the district for
	150	+	the purpose, may provide, design, construct, acquire, improve,
143	151		relocate, operate, maintain, or finance an improvement project or
144	152		service authorized under this chapter or Chapter 375, Local
145	153		Government Code.
146	154		(b) The district may contract with a governmental or private
147	155		entity to carry out an action under Subsection (a).
148	156		(c) The implementation of a district project or service is a
149	157		governmental function or service for the purposes of Chapter 791,
150	158		Government Code.
151	159		Sec. 3959.0103. NONPROFIT CORPORATION. (a) The board by
152	160		resolution may authorize the creation of a nonprofit corporation to
153	161		assist and act for the district in implementing a project or
154	162		providing a service authorized by this chapter.
155	163		(b) The nonprofit corporation:
156	164		(1) has each power of and is considered to be a local
157	165		government corporation created under Subchapter D, Chapter 431,
158	166		Transportation Code; and
159	167		(2) may implement any project and provide any service
160	168		authorized by this chapter.
161	169		(c) The board shall appoint the board of directors of the
162	170		nonprofit corporation. The board of directors of the nonprofit
163	171		corporation shall serve in the same manner as the board of directors
164	172		of a local government corporation created under Subchapter D,
165	173		Chapter 431, Transportation Code, except that a board member is not
166	174		required to reside in the district.
167	175		Sec. 3959.0104. LAW ENFORCEMENT SERVICES. To protect the
168	176		public interest, the district may contract with the city to provide
169	177		additional law enforcement services in the district for a fee.
170	178		Sec. 3959.0105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
171	179		The district may join and pay dues to a charitable or nonprofit
172	180		organization that performs a service or provides an activity
173	181		consistent with the furtherance of a district purpose.
174	182		Sec. 3959.0106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
175	183		district may engage in activities that accomplish the economic
176	184		development purposes of the district.
177	185		(b) The district may establish and provide for the
178	186		administration of one or more programs to promote state or local
179	187		economic development and to stimulate business and commercial
180	188		activity in the district, including programs to:
181	189		(1) make loans and grants of public money; and
182	190		(2) provide district personnel and services.
183	191		(c) The district may create economic development programs
184	192		and exercise the economic development powers provided to
185	193		municipalities by:
186	194		(1) Chapter 380, Local Government Code; and
187	195		(2) Subchapter A, Chapter 1509, Government Code.
188	196		Sec. 3959.0107. PARKING FACILITIES. (a) The district may
189	197		acquire, lease as lessor or lessee, construct, develop, own,
190	198		operate, and maintain parking facilities or a system of parking
191	199		facilities, including lots, garages, parking terminals, or other
192	200		structures or accommodations for parking motor vehicles off the
193	201		streets and related appurtenances.
194	202		(b) The district's parking facilities serve the public
195	203		purposes of the district and are owned, used, and held for a public
196	204		purpose even if leased or operated by a private entity for a term of
197	205		years.
198		-	~~(c)~~ The district's parking facilities are parts of and
	206	+	The district's parking facilities are parts of and
199	207		necessary components of a street and are considered to be a street
200	208		or road improvement.
201		-	~~(d)~~ The development and operation of the district's parking
	209	+	The development and operation of the district's parking
202	210		facilities may be considered an economic development program.
203	211		Sec. 3959.0108. ADDING OR EXCLUDING LAND. The district may
204	212		add or exclude land in the manner provided by Subchapter J, Chapter
205	213		49, Water Code, or by Subchapter H, Chapter 54, Water Code.
206	214		Sec. 3959.0109. DISBURSEMENTS AND TRANSFERS OF MONEY. The
207	215		board by resolution shall establish the number of directors'
208	216		signatures and the procedure required for a disbursement or
209	217		transfer of district money.
210		-	Sec. 3959.0110. DIVISION OF DISTRICT. (a) The district ~~may~~
211		-	be divided into two or more new districts only if the district:
	218	+	Sec. 3959.0110. DIVISION OF DISTRICT. (a) The district
	219	+	may be divided into two or more new districts only if the district:
212	220		(1) has no outstanding bonded debt; and
213	221		(2) is not imposing ad valorem taxes.
214	222		(b) This chapter applies to any new district created by the
215	223		division of the district, and a new district has all the powers and
216	224		duties of the district.
217	225		(c) Any new district created by the division of the district
218	226		may not, at the time the new district is created, contain any land
219	227		outside the area described by Section 2 of the Act enacting this
220	228		chapter.
221	229		(d) The board, on its own motion or on receipt of a petition
222	230		signed by the owner or owners of a majority of the assessed value of
223	231		the real property in the district, may adopt an order dividing the
224	232		district.
225	233		(e) An order dividing the district must:
226	234		(1) name each new district;
227	235		(2) include the metes and bounds description of the
228	236		territory of each new district;
229	237		(3) appoint initial directors for each new district;
230	238		and
231	239		(4) provide for the division of assets and liabilities
232	240		between or among the new districts.
233	241		(f) On or before the 30th day after the date of adoption of
234	242		an order dividing the district, the district shall file the order
235	243		with the Texas Commission on Environmental Quality and record the
236	244		order in the real property records of each county in which the
237	245		district is located.
238	246		(g) Any new district created by the division of the district
239	247		must hold an election as required by this chapter to obtain voter
240	248		approval before the district may impose a maintenance tax or issue
241	249		bonds payable wholly or partly from ad valorem taxes.
242	250		(h) Municipal consent to the creation of the district and to
243	251		the inclusion of land in the district granted under Section
244	252		3959.0206 acts as municipal consent to the creation of any new
245	253		district created by the division of the district and to the
246	254		inclusion of land in the new district.
247	255		SUBCHAPTER D. ASSESSMENTS
248	256		Sec. 3959.0151. PETITION REQUIRED FOR FINANCING SERVICES
249	257		AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
250	258		service or improvement project with assessments under this chapter
251	259		unless a written petition requesting that service or improvement
252	260		has been filed with the board.
253	261		(b) A petition filed under Subsection (a) must be signed by
254	262		the owners of a majority of the assessed value of real property in
255	263		the district subject to assessment according to the most recent
256	264		certified tax appraisal roll for the county.
257	265		Sec. 3959.0152. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
258	266		The board by resolution may impose and collect an assessment for any
259	267		purpose authorized by this chapter in all or any part of the
260	268		district.
261	269		(b) An assessment, a reassessment, or an assessment
262	270		resulting from an addition to or correction of the assessment roll
263	271		by the district, penalties and interest on an assessment or
264	272		reassessment, an expense of collection, and reasonable attorney's
265	273		fees incurred by the district:
266	274		(1) are a first and prior lien against the property
267	275		assessed;
268	276		(2) are superior to any other lien or claim other than
269	277		a lien or claim for county, school district, or municipal ad valorem
270	278		taxes; and
271	279		(3) are the personal liability of and a charge against
272	280		the owners of the property even if the owners are not named in the
273	281		assessment proceedings.
274	282		(c) The lien is effective from the date of the board's
275	283		resolution imposing the assessment until the date the assessment is
276	284		paid. The board may enforce the lien in the same manner that the
277	285		board may enforce an ad valorem tax lien against real property.
278	286		(d) The board may make a correction to or deletion from the
279	287		assessment roll that does not increase the amount of assessment of
280	288		any parcel of land without providing notice and holding a hearing in
281	289		the manner required for additional assessments.
282	290		Sec. 3959.0153. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
283	291		Section 375.161, Local Government Code, does not apply to the
284	292		district.
285	293		SUBCHAPTER E. TAXES AND BONDS
286	294		Sec. 3959.0201. TAX ELECTION REQUIRED. (a) The district
287	295		must hold an election in the manner provided by Chapter 49, Water
288	296		Code, or, if applicable, Chapter 375, Local Government Code, to
289	297		obtain voter approval before the district may impose an ad valorem
290	298		tax.
291	299		(b) Section 375.243, Local Government Code, does not apply
292	300		to the district.
293	301		Sec. 3959.0202. OPERATION AND MAINTENANCE TAX. (a) If
294	302		authorized by a majority of the district voters voting at an
295	303		election under Section 3959.0201, the district may impose an
296	304		operation and maintenance tax on taxable property in the district
297	305		in the manner provided by Section 49.107, Water Code, for any
298	306		district purpose, including to:
299	307		(1) maintain and operate the district;
300	308		(2) construct or acquire improvements; or
301	309		(3) provide a service.
302	310		(b) The board shall determine the operation and maintenance
303	311		tax rate. The rate may not exceed the rate approved at the
304	312		election.
305	313		Sec. 3959.0203. AUTHORITY TO BORROW MONEY AND TO ISSUE
306	314		BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
307	315		terms determined by the board.
308	316		(b) The district may issue, by public or private sale,
309	317		bonds, notes, or other obligations payable wholly or partly from ad
310	318		valorem taxes, assessments, impact fees, revenue, contract
311	319		payments, grants, or other district money, or any combination of
312	320		those sources of money, to pay for any authorized district purpose.
313	321		(c) The limitation on the outstanding principal amount of
314	322		bonds, notes, or other obligations provided by Section 49.4645,
315	323		Water Code, does not apply to the district.
316	324		Sec. 3959.0204. BONDS SECURED BY REVENUE OR CONTRACT
317	325		PAYMENTS. The district may issue, without an election, bonds
318	326		secured by:
319	327		(1) revenue other than ad valorem taxes;
320	328		(2) contract payments, provided that the requirements
321	329		of Section 49.108, Water Code, have been met; or
322	330		(3) other contract revenues.
323	331		Sec. 3959.0205. BONDS SECURED BY AD VALOREM TAXES;
324	332		ELECTIONS. (a) If authorized at an election under Section
325	333		3959.0201, the district may issue bonds payable from ad valorem
326	334		taxes.
327	335		(b) At the time the district issues bonds payable wholly or
328	336		partly from ad valorem taxes, the board shall provide for the annual
329	337		imposition of a continuing direct annual ad valorem tax, without
330	338		limit as to rate or amount, for each year that all or part of the
331	339		bonds are outstanding as required and in the manner provided by
332	340		Sections 54.601 and 54.602, Water Code.
333	341		(c) All or any part of any facilities or improvements that
334	342		may be acquired by a district by the issuance of its bonds may be
335	343		submitted as a single proposition or as several propositions to be
336	344		voted on at the election.
337	345		Sec. 3959.0206. CONSENT OF MUNICIPALITY REQUIRED. (a) The
338	346		board may not issue bonds until each municipality in whose
339	347		corporate limits or extraterritorial jurisdiction the district is
340	348		located has consented by ordinance or resolution to the creation of
341	349		the district and to the inclusion of land in the district.
342	350		(b) This section applies only to the district's first
343	351		issuance of bonds payable from ad valorem taxes.
344	352		SUBCHAPTER Z. DISSOLUTION
345	353		Sec. 3959.0901. DISSOLUTION. (a) The board shall dissolve
346	354		the district on written petition filed with the board by the owners
347	355		of:
348	356		(1) 66 percent or more of the assessed value subject to
349	357		assessment by the district of the property in the district based on
350	358		the most recent certified county property tax rolls; or
351	359		(2) 66 percent or more of the surface area of the
352	360		district, excluding roads, streets, highways, utility
353	361		rights-of-way, other public areas, and other property exempt from
354	362		assessment by the district according to the most recent certified
355	363		county property tax rolls.
356	364		(b) The district may not be dissolved if the district:
357	365		(1) has any outstanding bonded or other indebtedness
358	366		until that bonded or other indebtedness has been repaid or defeased
359	367		in accordance with the order or resolution authorizing the issuance
360	368		of the bonded or other indebtedness;
361	369		(2) has a contractual obligation to pay money until
362	370		that obligation has been fully paid in accordance with the
363	371		contract; or
364	372		(3) owns, operates, or maintains public works,
365	373		facilities, or improvements unless the district has contracted with
366	374		another party for the ownership and operation or maintenance of the
367	375		public works, facilities, or improvements.
368	376		(c) Section 375.262, Local Government Code, does not apply
369	377		to the district.
370	378		SECTION 2. The Sterrett Road Municipal Management District
371	379		initially includes all territory contained in the following area:
372	380		Being a parcel of land located in Ellis County, Texas, a part of the
373	381		a part of the Clement Goar Survey, Abstract Number 401, a part of
374	382		the Carter H. Hurst Survey, Abstract Number 456, and being all of
375	383		that called 124.27 acre tract of land described in deed to Futex
376	384		Property Company No. 112, LLC as recorded in Instrument Number
377	385		1801007, Official Public Records of Ellis County, Texas, and being
378	386		all of that called 101.19 acre tract of land described in deed to
379	387		James R. Pitts, Trustee as recorded in Instrument Number 1723473,
380	388		Official Public Records of Ellis County, Texas, and also being all
381	389		of that called 360.00 acre tract of land described in deed to Fuscom
382	390		Property Company No. 2, LLC as recorded in Instrument Number
383	391		1800404, Official Public Records of Ellis County, Texas, and being
384	392		further described as follows:
385	393		BEGINNING at a point at the southwest corner of said 124.27 acre
386	394		tract, said point also being at the approximate centerline
387	395		intersection of West Sterrett Road and Patrick Road;
388	396		THENCE North 00 degrees 02 minutes 30 seconds West, 4,252.90 feet to
389	397		a point for corner, said point being the most westerly northwest
390	398		corner of said 360.00 acre tract, said point also being in Patrick
391	399		Road;
392	400		THENCE along the north line of said 360.00 acre tract as follows:
393	401		North 88 degrees 02 minutes 21 seconds East, 2,227.21 feet to
394	402		a point for corner;
395	403		North 03 degrees 02 minutes 39 seconds West, 972.62 feet to a
396	404		point for corner;
397	405		North 89 degrees 51 minutes 38 seconds East, 459.17 feet to a
398	406		point for corner;
399	407		North 02 degrees 01 minutes 41 seconds West, 296.17 feet to a
400	408		point for corner;
401	409		North 89 degrees 01 minutes 02 seconds East, 1,306.16 feet to
402	410		a point for corner;
403	411		North 88 degrees 37 minutes 03 seconds East, 453.09 feet to a
404	412		point for corner;
405	413		South 01 degrees 18 minutes 19 seconds East, 437.73 feet to a
406	414		point for corner;
407	415		North 89 degrees 09 minutes 41 seconds East, 850.07 feet to a
408	416		point for corner, said point being the northeast corner of said
409	417		360.00 acre tract;
410	418		THENCE along the east line of said 360.00 acre tract as follows:
411	419		South 00 degrees 57 minutes 39 seconds East, 1,694.38 feet to
412	420		a point for corner;
413	421		South 01 degrees 25 minutes 02 seconds East, 1,620.58 feet to
414	422		a point for corner, said point being the southeast corner of said
415	423		360.00 acre tract, said point also being the northeast corner of
416	424		said 101.19 acre tract;
417	425		THENCE South 00 degrees 37 minutes 32 seconds East, 1,625.00 feet to
418	426		the southeast corner of said 101.19 acre tract, said point also
419	427		being in West Sterrett Road;
420	428		THENCE North 89 degrees 19 minutes 15 seconds West, 2,693.70 feet to
421	429		a point for corner, said point being the southwest corner of said
422	430		101.19 acre tract, said point also being in the east line of said
423	431		124.27 acre tract, said point also being in West Sterrett Road;
424	432		THENCE South 01 degrees 22 minutes 01 seconds East, 294.05 feet to a
425	433		point for corner, said point being the southeast corner of said
426	434		124.27 acre tract, said point also being in West Sterrett Road;
427	435		THENCE South 89 degrees 54 minutes 12 seconds West, 2,638.73 feet
428	436		along the south line of said 124.27 acre tract to the POINT OF
429	437		BEGINNING and containing 25,506,220 square feet or 585.542 acres of
430	438		land.
431	439		Bearings are based on the west line of that called 124.27 acre tract
432	440		of land described in deed to Futex Property Company No. 112, LLC as
433	441		recorded in Instrument Number 1801007, Official Public Records of
434	442		Ellis County, Texas.
435	443		SECTION 3. (a) The legal notice of the intention to
436	444		introduce this Act, setting forth the general substance of this
437	445		Act, has been published as provided by law, and the notice and a
438	446		copy of this Act have been furnished to all persons, agencies,
439	447		officials, or entities to which they are required to be furnished
440	448		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
441	449		Government Code.
442	450		(b) The governor, one of the required recipients, has
443	451		submitted the notice and Act to the Texas Commission on
444	452		Environmental Quality.
445	453		(c) The Texas Commission on Environmental Quality has filed
446	454		its recommendations relating to this Act with the governor,
447	455		lieutenant governor, and speaker of the house of representatives
448	456		within the required time.
449	457		(d) All requirements of the constitution and laws of this
450	458		state and the rules and procedures of the legislature with respect
451	459		to the notice, introduction, and passage of this Act have been
452	460		fulfilled and accomplished.
453	461		SECTION 4. (a) Section 3959.0110, Special District Local
454	462		Laws Code, as added by Section 1 of this Act, takes effect only if
455	463		this Act receives a two-thirds vote of all the members elected to
456	464		each house.
457	465		(b) If this Act does not receive a two-thirds vote of all the
458	466		members elected to each house, Subchapter C, Chapter 3959, Special
459	467		District Local Laws Code, as added by Section 1 of this Act, is
460	468		amended by adding Section 3959.0110 to read as follows:
461	469		Sec. 3959.0110. NO EMINENT DOMAIN POWER. The district may
462	470		not exercise the power of eminent domain.
463	471		(c) This section is not intended to be an expression of a
464	472		legislative interpretation of the requirements of Section 17(c),
465	473		Article I, Texas Constitution.
466	474		SECTION 5. This Act takes effect immediately if it receives
467	475		a vote of two-thirds of all the members elected to each house, as
468	476		provided by Section 39, Article III, Texas Constitution. If this
469	477		Act does not receive the vote necessary for immediate effect, this
470	478		Act takes effect September 1, 2021.
471		-	______________________________ ______________________________
472		-	President of the Senate Speaker of the House
473		-	I certify that H.B. No. 4584 was passed by the House on May
474		-	14, 2021, by the following vote: Yeas 104, Nays 41, 2 present, not
475		-	voting; and that the House concurred in Senate amendments to H.B.
476		-	No. 4584 on May 28, 2021, by the following vote: Yeas 104, Nays 39,
477		-	1 present, not voting.
478		-	______________________________
479		-	Chief Clerk of the House
480		-	I certify that H.B. No. 4584 was passed by the Senate, with
481		-	amendments, on May 26, 2021, by the following vote: Yeas 31, Nays
482		-	0.
483		-	______________________________
484		-	Secretary of the Senate
485		-	APPROVED: __________________
486		-	Date
487		-	__________________
488		-	Governor
	479	+	* * * * *
489	480
490	481		Pos. No. Name of Director
491	482
492	483		1 David Muckleroy
493	484
494	485		2 Kenner Link
495	486
496	487		3 Peter Madrala
497	488
498	489		4 Ian Hall
499	490
500	491		5 Brock Babb