Texas 2021 - 87th Regular

Texas House Bill HB4595 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R17205 SGM-D
2	1		By: Toth H.B. No. 4595
3		-	Substitute the following for H.B. No. 4595:
4		-	By: Paul C.S.H.B. No. 4595
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the creation of the Montgomery County Water Control and
10	7		Improvement District No. 205; granting a limited power of eminent
11	8		domain; providing authority to issue bonds; providing authority to
12	9		impose assessments, fees, and taxes.
13	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	11		SECTION 1. Subtitle I, Title 6, Special District Local Laws
15	12		Code, is amended by adding Chapter 9082 to read as follows:
16	13		CHAPTER 9082. MONTGOMERY COUNTY WATER CONTROL AND IMPROVEMENT
17	14		DISTRICT NO. 205
18	15		SUBCHAPTER A. GENERAL PROVISIONS
19	16		Sec. 9082.0101. DEFINITIONS. In this chapter:
20	17		(1) "Board" means the district's board of directors.
21	18		(2) "Commission" means the Texas Commission on
22	19		Environmental Quality.
23	20		(3) "Director" means a board member.
24	21		(4) "District" means the Montgomery County Water
25	22		Control and Improvement District No. 205.
26	23		Sec. 9082.0102. NATURE OF DISTRICT. The district is a water
27	24		control and improvement district created under Section 59, Article
28	25		XVI, Texas Constitution.
29	26		Sec. 9082.0103. CONFIRMATION AND DIRECTOR ELECTION
30	27		REQUIRED. The temporary directors shall hold an election to
31	28		confirm the creation of the district and to elect five permanent
32	29		directors as provided by Section 49.102, Water Code.
33	30		Sec. 9082.0104. CONSENT OF MUNICIPALITY REQUIRED. The
34	31		temporary directors may not hold an election under Section
35	32		9082.0103 until each municipality in whose corporate limits or
36	33		extraterritorial jurisdiction the district is located has
37	34		consented by ordinance or resolution to the creation of the
38	35		district and to the inclusion of land in the district.
39		-	Sec. 9082.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
40		-	~~(a)~~ The district is created to serve a public purpose and benefit.
	36	+	Sec. 9082.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
	37	+	The district is created to serve a public purpose and benefit.
41	38		(b) The district is created to accomplish the purposes of:
42	39		(1) a water control and improvement district as
43	40		provided by general law and Section 59, Article XVI, Texas
44	41		Constitution, including the collection, transportation,
45	42		processing, disposal, and control of domestic, industrial, or
46	43		communal waste and the gathering, conducting, diverting, and
47	44		control of local storm water or other harmful excesses of water; and
48	45		(2) Section 52, Article III, Texas Constitution, that
49	46		relate to the construction, acquisition, improvement, operation,
50	47		or maintenance of macadamized, graveled, or paved roads, or
51	48		improvements, including storm drainage, in aid of those roads.
52	49		Sec. 9082.0106. INITIAL DISTRICT TERRITORY. (a) The
53	50		district is initially composed of the territory described by
54	51		Section 2 of the Act enacting this chapter.
55	52		(b) The boundaries and field notes contained in Section 2 of
56	53		the Act enacting this chapter form a closure. A mistake made in the
57	54		field notes or in copying the field notes in the legislative process
58	55		does not affect the district's:
59	56		(1) organization, existence, or validity;
60	57		(2) right to issue any type of bond for the purposes
61	58		for which the district is created or to pay the principal of and
62	59		interest on a bond;
63	60		(3) right to impose a tax; or
64	61		(4) legality or operation.
65	62		SUBCHAPTER B. BOARD OF DIRECTORS
66	63		Sec. 9082.0201. GOVERNING BODY; TERMS. (a) The district is
67	64		governed by a board of five elected directors.
68	65		(b) Except as provided by Section 9082.0202, directors
69	66		serve staggered four-year terms.
70	67		Sec. 9082.0202. TEMPORARY DIRECTORS. (a) The temporary
71	68		board consists of:
72	69		(1) Harris Allen Reynolds III;
73	70		(2) Elliott Brayshaw;
74	71		(3) Cindy Fields;
75	72		(4) Alene Efaw; and
76	73		(5) Robert Wanninger.
77	74		(b) Temporary directors serve until the earlier of:
78	75		(1) the date permanent directors are elected under
79	76		Section 9082.0103; or
80	77		(2) the fourth anniversary of the effective date of
81	78		the Act enacting this chapter.
82	79		(c) If permanent directors have not been elected under
83	80		Section 9082.0103 and the terms of the temporary directors have
84	81		expired, successor temporary directors shall be appointed or
85	82		reappointed as provided by Subsection (d) to serve terms that
86	83		expire on the earlier of:
87	84		(1) the date permanent directors are elected under
88	85		Section 9082.0103; or
89	86		(2) the fourth anniversary of the date of the
90	87		appointment or reappointment.
91	88		(d) If Subsection (c) applies, the owner or owners of a
92	89		majority of the assessed value of the real property in the district
93	90		may submit a petition to the commission requesting that the
94	91		commission appoint as successor temporary directors the five
95	92		persons named in the petition. The commission shall appoint as
96	93		successor temporary directors the five persons named in the
97	94		petition.
98	95		SUBCHAPTER C. POWERS AND DUTIES
99		-	Sec. 9082.0301. GENERAL POWERS AND DUTIES. The district
100		-	~~has~~ the powers and duties necessary to accomplish the purposes for
	96	+	Sec. 9082.0301. GENERAL POWERS AND DUTIES. The district has
	97	+	the powers and duties necessary to accomplish the purposes for
101	98		which the district is created.
102	99		Sec. 9082.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
103	100		POWERS AND DUTIES. The district has the powers and duties provided
104	101		by the general law of this state, including Chapters 49 and 51,
105	102		Water Code, applicable to water control and improvement districts
106	103		created under Section 59, Article XVI, Texas Constitution,
107	104		specifically including the powers and duties authorized under
108	105		Subchapter H, Chapter 51, Water Code.
109	106		Sec. 9082.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
110	107		52, Article III, Texas Constitution, the district may design,
111	108		acquire, construct, finance, issue bonds for, improve, operate,
112	109		maintain, and convey to this state, a county, or a municipality for
113	110		operation and maintenance macadamized, graveled, or paved roads, or
114	111		improvements, including storm drainage, in aid of those roads.
115	112		Sec. 9082.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
116	113		road project must meet all applicable construction standards,
117	114		zoning and subdivision requirements, and regulations of each
118	115		municipality in whose corporate limits or extraterritorial
119	116		jurisdiction the road project is located.
120	117		(b) If a road project is not located in the corporate limits
121	118		or extraterritorial jurisdiction of a municipality, the road
122	119		project must meet all applicable construction standards,
123	120		subdivision requirements, and regulations of each county in which
124	121		the road project is located.
125	122		(c) If the state will maintain and operate the road, the
126	123		Texas Transportation Commission must approve the plans and
127	124		specifications of the road project.
128	125		Sec. 9082.0305. COMPLIANCE WITH MUNICIPAL CONSENT
129	126		ORDINANCE OR RESOLUTION. The district shall comply with all
130	127		applicable requirements of any ordinance or resolution that is
131	128		adopted under Section 42.042 or 42.0425, Local Government Code, and
132	129		that consents to the creation of the district or to the inclusion of
133	130		land in the district.
134	131		Sec. 9082.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
135	132		district may not exercise the power of eminent domain outside the
136	133		district boundaries to acquire a site or easement for:
137	134		(1) a recreational facility, as defined by Section
138	135		49.462, Water Code; or
139	136		(2) a road project authorized by Section 9082.0303.
140	137		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
141	138		Sec. 9082.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
142	139		The district may issue, without an election, bonds and other
143	140		obligations secured by:
144	141		(1) revenue other than ad valorem taxes; or
145	142		(2) contract payments described by Section 9082.0403.
146	143		(b) The district must hold an election in the manner
147	144		provided by Chapters 49 and 51, Water Code, to obtain voter approval
148	145		before the district may impose an ad valorem tax or issue bonds
149	146		payable from ad valorem taxes.
150	147		(c) The district may not issue bonds payable from ad valorem
151	148		taxes to finance a road project unless the issuance is approved by a
152	149		vote of a two-thirds majority of the district voters voting at an
153	150		election held for that purpose.
154	151		Sec. 9082.0402. OPERATION AND MAINTENANCE TAX. (a) If
155	152		authorized at an election held under Section 9082.0401, the
156	153		district may impose an operation and maintenance tax on taxable
157	154		property in the district in accordance with Section 49.107, Water
158	155		Code.
159	156		(b) The board shall determine the tax rate. The rate may not
160	157		exceed the rate approved at the election.
161	158		Sec. 9082.0403. CONTRACT TAXES. (a) In accordance with
162	159		Section 49.108, Water Code, the district may impose a tax other than
163	160		an operation and maintenance tax and use the revenue derived from
164	161		the tax to make payments under a contract after the provisions of
165	162		the contract have been approved by a majority of the district voters
166	163		voting at an election held for that purpose.
167	164		(b) A contract approved by the district voters may contain a
168	165		provision stating that the contract may be modified or amended by
169	166		the board without further voter approval.
170	167		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
171	168		Sec. 9082.0501. AUTHORITY TO ISSUE BONDS AND OTHER
172	169		OBLIGATIONS. The district may issue bonds or other obligations
173	170		payable wholly or partly from ad valorem taxes, impact fees,
174	171		revenue, contract payments, grants, or other district money, or any
175	172		combination of those sources, to pay for any authorized district
176	173		purpose.
177	174		Sec. 9082.0502. TAXES FOR BONDS. At the time the district
178	175		issues bonds payable wholly or partly from ad valorem taxes, the
179	176		board shall provide for the annual imposition of a continuing
180	177		direct ad valorem tax, without limit as to rate or amount, while all
181	178		or part of the bonds are outstanding as required and in the manner
182	179		provided by Chapter 51, Water Code.
183	180		Sec. 9082.0503. BONDS FOR ROAD PROJECTS. At the time of
184	181		issuance, the total principal amount of bonds or other obligations
185	182		issued or incurred to finance road projects and payable from ad
186	183		valorem taxes may not exceed one-fourth of the assessed value of the
187	184		real property in the district.
188		-	Sec. 9082.0504. BONDS FOR RECREATIONAL FACILITIES. (a)
189		-	~~The~~ district may develop recreational facilities and issue bonds
190		-	~~for~~ recreational facilities as provided by Chapter 49, Water Code,
	185	+	Sec. 9082.0504. BONDS FOR RECREATIONAL FACILITIES. (a) The
	186	+	district may develop recreational facilities and issue bonds for
	187	+	recreational facilities as provided by Chapter 49, Water Code,
191	188		regardless of whether the district's territory overlaps with the
192	189		territory of a political subdivision that is authorized to develop
193	190		recreational facilities and issue bonds for recreational
194	191		facilities under Chapter 49, Water Code.
195	192		(b) The authority of the district to develop recreational
196	193		facilities and issue bonds for recreational facilities under this
197	194		section does not limit the authority of another political
198	195		subdivision whose territory the territory of the district may
199	196		overlap, wholly or partly, to develop recreational facilities and
200	197		issue bonds for recreational facilities under Chapter 49, Water
201	198		Code.
202	199		SECTION 2. The Montgomery County Water Control and
203	200		Improvement District No. 205 initially includes all the territory
204	201		contained in the following area:
205	202		A METES & BOUNDS description of a certain 964.58 acre tract of
206	203		land situated in the Montgomery County School Land Survey, Abstract
207	204		No. 350 & 351, the T. F. Johnson Survey, Abstract No. 299 and the
208	205		Timothy O'Neil Survey, Abstract No. 406 in Montgomery County,
209	206		Texas, being comprised of a called 364.70 acre tract of land (Tract
210	207		1) and a called 336.60 acre tract of land (Tract 2), SAVE AND EXCEPT
211	208		a called 45.98 acre tract of land (Tract 3); PLUS a called 315.26
212	209		acre tract of land (Tract 4).
213	210		TRACT 1: 364.70 Acres
214	211		364.70 acres, more or less, of land, of which 286.5 acres,
215	212		more or less, lies in the Montgomery County School Land Survey,
216	213		Abstract No. 350, 69.2 acres, more or less, lies in the Montgomery
217	214		County School Land Survey, Abstract No. 350, 6.5 acres, more or
218	215		less, lies in the T. F. Johnson Survey, Abstract No. 299, and 2.5
219	216		acres, more or less, lies in the Timothy O'Neil Survey, Abstract
220	217		No. 406, and being the same land as conveyed to Winnie Helen
221	218		Hilliard by partition deed dated July 20, 1957, recorded in Volume
222	219		434, Page 441 of the Deed Records of Montgomery County, Texas; said
223	220		364.70 acres, more or less, of land being more particularly
224	221		described as follows:
225	222		BEGINNING at the Southwest corner of the S. Richardson
226	223		Survey, Abstract No. 460 and the Northwest corner of the T. F.
227	224		Johnson Survey, the Eastern Southeast corner of the Montgomery
228	225		County School Land Survey, Abstract No. 350, a Northeast intra
229	226		corner of the Montgomery County School Land Survey, Abstract
230	227		No. 351, and being Corner No. 1 hereof;
231	228		THENCE, S 00°30' W, 199.3 feet to Corner No. 2 hereof at the
232	229		Southwest corner of the Bahr Capital Interests, Ltd land;
233	230		THENCE, East, 746.4 feet to Corner No. 3 hereof and the
234	231		Second Corner of Tract 2 hereof;
235	232		THENCE, S 51°30' W, 2738 feet to Corner No. 4 hereof and
236	233		Corner No. 1 of said Tract Two hereof, also being in the Northern
237	234		boundary line of a 660 acre tract as conveyed to Winnifred Bender
238	235		Beaman by said partition deed recorded in Volume 434, Page 441 of
239	236		said Deed Records, and also being the Southeast corner of the Doris
240	237		Eugenia Vaughan tract as described in said partition deed;
241	238		THENCE, N 38°35' W, 6268.4 feet to Corner No. 5 hereof and the
242	239		Northeast corner of said Doris Eugenia Vaughan tract in the center
243	240		of the Scott-Herrin Road;
244	241		THENCE, N 47°30' E, 800.4 feet with said Road [Deed (Volume
245	242		434, Page 441) call of N 46°40' E, 759.2 feet] to Corner No. 6
246	243		hereof;
247	244		THENCE, N 70°06' E, 1110.0 feet continuing with said road
248	245		[Deed (Volume 434, Page 441) call of N 68°55' E, 1110 feet] to its
249	246		intersection with the old Bender Tram Line for Corner No. 7 hereof;
250	247		THENCE, S 57°27' E, with said old Tram, 4397 feet [Deed
251	248		(Volume 434, Page 441) call of S 57°12' E, 4397 feet] to Corner No. 8
252	249		hereof in the West boundary line of the S. Richardson Survey;
253	250		THENCE, S 01°12'39" W, 1549.45 feet [Deed (Clerk's File
254	251		No. 2004-021196) call South 01°13' W, 1549.6 feet] along the West
255	252		line of the S. Richardson Survey to the PLACE OF BEGINNING AND
256	253		CONTAINING within these bounds 364.70 acres, more or less, of land.
257	254		TRACT 2: 336.60 Acres
258	255		336.60 acres, more or less, of land, of which 110.5 acres,
259	256		more or less, lies in the Montgomery County School Land Survey,
260	257		Abstract No. 351, and 220.1 acres, more or less, lies in the T. F.
261	258		Johnson Survey, Abstract No. 299, and being the same land as
262	259		conveyed to Winnie Helen Hilliard by deed dated August 3, 1967,
263	260		recorded in Volume 646, Page 935 of the Montgomery County Deed
264	261		Records; said 336.60 acres, more or less, of land being more
265	262		particularly described as follows:
266	263		BEGINNING at Corner No. 4 of the Tract 1 herein, and Corner
267	264		No. 1 hereof;
268	265		THENCE, N 51°30' E, 2738.0 feet to a point for corner in the
269	266		Southern boundary line of said Blanche Bender tract for Corner
270	267		No. 2;
271	268		THENCE, East, 1009.6 feet with the Southern boundary line of
272	269		said Blanche Bender tract to Corner No. 3 hereof on the Western edge
273	270		of the Old Bender Tram Line;
274	271		THENCE, S 28°02' E, with said old Tram and/or road, 4024 feet
275	272		[Deed (Volume 434, Page 441) call of S 28°50' E, 3966.4 feet] to
276	273		Corner No. 4 hereof, on the Western side of said road, and being a
277	274		most Eastern corner of the Doris E. Vaughan 330 acres as described
278	275		in a deed recorded in Volume 646, Page 933 of said Deed Records;
279	276		THENCE, S 52°43' W, 2797.2 feet, [Deed (Volume 434, Page 441)
280	277		call of S 53° W, 2797.2 feet] to Corner No. 5 hereof and being a
281	278		re-entrant corner of the Doris E. Vaughan 330 acre tract;
282	279		THENCE, S 38°30'25" W, 4526.14 feet [Deed (Clerk's File
283	280		No. 2004-021196) call N 38°30' W, 4525.7 feet] to the PLACE OF
284	281		BEGINNING AND CONTAINING within these bounds 336.60 acres, more or
285	282		less, of land.
286	283		TRACT 3: 45.98 Acres
287	284		45.98 acres, more or less, of land situated in the Montgomery
288	285		County School Land Survey, Abstract Number 350, Montgomery County,
289	286		Texas; being the same 45.98 acre tract conveyed to Conroe
290	287		Independent School District by Agreed Final Judgement (Cause
291	288		No. 15-06-06177) dated January 19, 2017 and filed for record under
292	289		Clerk's File No. 2017011000 of the Montgomery County Official
293	290		Public Records of Real Property; said 45.98 acres being more
294	291		particularly described as follows with all bearings based on the
295	292		Texas Coordinate System of 1983, Central Zone:
296	293		BEGINNING, at a found 5/8-inch iron rod (with cap stamped
297	294		"Costello Inc") in the southwest line of said 364.70 acres, for the
298	295		north corner of a called 1.5371 acre tract conveyed to Montgomery
299	296		County Municipal Utility District No. 105 by Special Warranty Deed
300	297		dated December 18, 2013 and filed for record under Clerk's File
301	298		No. 2014010067 of the Montgomery County Official Public Records of
302	299		Real Property and an east corner of the remainder of a called
303	300		692.342 acre tract conveyed to Toll Houston TX, LLC by Special
304	301		Warranty Deed dated October 19, 2012 and filed for record under
305	302		Clerk's File No. 2012103106 of the Montgomery County Official
306	303		Public Records of Real Property;
307	304		THENCE, North 41°42'31" West, 1865.72 feet along the
308	305		northeast line of said 692.342 acres and the southwest line of said
309	306		364.70 acres to a set 3/4-inch iron rod (with cap stamped "Cotton
310	307		Surveying") from which a found 5/8-inch iron rod (with cap stamped
311	308		"VTSM 4070") in the southeast right-of-way of Riley Fuzzel Road
312	309		(width varies) bears North 41°42' 31" West, 667.13 feet;
313	310		THENCE, North 54°48'40" East, 1157.39 feet, departing the
314	311		northeast line of said 692.342 acres and the southwest line of said
315	312		364.70 acres to a set 3/4-inch iron rod (with cap stamped "Cotton
316	313		Surveying");
317	314		THENCE, North 35°11'20" West, 300.00 feet to a set 3/4-inch
318	315		iron rod (with cap stamped "Cotton Surveying") in the southeast
319	316		right-of-way of State Highway 99 (width varies) as recorded under
320	317		Clerk's File No. 2014081107 of the Montgomery County Official
321	318		Public Records of Real Property;
322	319		THENCE, North 54°48'40" East, 150.00 feet along the southeast
323	320		right-of-way of said State Highway 99 to a set 3/4-inch iron rod
324	321		(with cap stamped "Cotton Surveying");
325	322		THENCE, South 35°11'20" East, 1513.02 feet, departing the
326	323		southeast right-of-way of said State Highway 99 to a set 3/4-inch
327	324		iron rod (with cap stamped "Cotton Surveying");
328	325		THENCE, South 54°48'44" West, 14.30 feet to a set 3/4-inch
329	326		iron rod (with cap stamped "Cotton Surveying");
330	327		THENCE, South 38°13'15" West, 273.54 to a set 3/4-inch iron
331	328		rod (with cap stamped "Cotton Surveying");
332	329		THENCE, South 01°17'04" East, 500.95 feet to a set 3/4-inch
333	330		iron rod (with cap stamped "Cotton Surveying");
334	331		THENCE, South 17°49'25" East, 153.77 feet to a set 3/4-inch
335	332		iron rod (with cap stamped "Cotton Surveying");
336	333		THENCE, South 54°48'40" West, 493.76 feet to the PLACE OF
337	334		BEGINNING AND CONTAINING within these bounds 45.98 acres, more or
338	335		less, of land.
339	336		TRACT 4: 315.26 Acres
340	337		315.26 acres of land, more or less of land situated in the
341	338		Thomas F. Johnson Survey, Abstract Number 299 and the Stephen
342	339		Richardson Survey, Abstract Number 460, Montgomery County, Texas;
343	340		being all of a called 320.833 acre tract conveyed to Bahr Capital
344	341		Interests, LTD., Jack K. Leeka and Jack Keith Leeka, Jr. and
345	342		Elizabeth Leeka Albert, Co-Trustees of the Leeka Revocable Trust
346	343		Agreement by Warranty Deed(s) and filed for record under Clerk's
347	344		File No.(s) 2006-003150, 2006-003151, and 2016042187 of the
348	345		Montgomery County Official Public Records of Real Property; said
349	346		315.26 acres being more particularly described as follows with all
350	347		bearings based on the Texas Coordinate System of 1983, Central
351	348		Zone:
352	349		BEGINNING at a point in the west line of said 320.833 acres
353	350		and the east line of a called 364.7 acre tract conveyed to Winnie
354	351		Helen Hilliard, et al (undivided 75% interest) by General Warranty
355	352		Deed dated August 14, 1987 and filed for record under Clerk's File
356	353		No. 8737411 of the Montgomery County Official Public Records of
357	354		Real Property and Bell Endeavors, LTD (undivided 25% interest) by
358	355		Special Warranty Deed dated February 20, 2004 and filed for record
359	356		under Clerk's File No. 2004-021196 of the Montgomery County
360	357		Official Public Records of Real Property;
361	358		THENCE, North 01°53'31" West, 3711.28 feet along the west line
362	359		of said 320.833 acres and the east line of said 364.7 acres to a
363	360		point for the northwest corner of said 320.833 acres and the
364	361		northwest corner of the herein described tract;
365	362		THENCE, North 87°56'56" East, 3444.04 feet along the north
366	363		line of said 320.833 acres to point for the northeast corner of said
367	364		320.833 acres and the herein described tract;
368	365		THENCE, South 04°21'02" East, 3894.25 feet along the east line
369	366		of said 320.833 acres point for the southeast corner of said 320.833
370	367		acres and the herein described tract;
371	368		THENCE, South 87°53'33" West, 3611.10 feet along the south
372	369		line of said 320.833 acres point for the southwest corner of said
373	370		320.833 acres, same being the southwest corner of the herein
374	371		described tract;
375	372		THENCE, North 01°53'31" West, 183.41 feet to the PLACE OF
376	373		BEGINNING, CONTAINING within these bounds 315.26 acres, more or
377	374		less, or land.
378	375		SECTION 3. (a) The legal notice of the intention to
379	376		introduce this Act, setting forth the general substance of this
380	377		Act, has been published as provided by law, and the notice and a
381	378		copy of this Act have been furnished to all persons, agencies,
382	379		officials, or entities to which they are required to be furnished
383	380		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
384	381		Government Code.
385	382		(b) The governor, one of the required recipients, has
386	383		submitted the notice and Act to the Texas Commission on
387	384		Environmental Quality.
388	385		(c) The Texas Commission on Environmental Quality has filed
389	386		its recommendations relating to this Act with the governor, the
390	387		lieutenant governor, and the speaker of the house of
391	388		representatives within the required time.
392	389		(d) All requirements of the constitution and laws of this
393	390		state and the rules and procedures of the legislature with respect
394	391		to the notice, introduction, and passage of this Act are fulfilled
395	392		and accomplished.
396	393		SECTION 4. (a) Section 9082.0306, Special District Local
397	394		Laws Code, as added by Section 1 of this Act, takes effect only if
398	395		this Act receives a two-thirds vote of all the members elected to
399	396		each house.
400	397		(b) If this Act does not receive a two-thirds vote of all the
401	398		members elected to each house, Subchapter C, Chapter 9082, Special
402	399		District Local Laws Code, as added by Section 1 of this Act, is
403	400		amended by adding Section 9082.0306 to read as follows:
404	401		Sec. 9082.0306. NO EMINENT DOMAIN POWER. The district may
405	402		not exercise the power of eminent domain.
406	403		(c) This section is not intended to be an expression of a
407	404		legislative interpretation of the requirements of Section 17(c),
408	405		Article I, Texas Constitution.
409	406		SECTION 5. This Act takes effect immediately if it receives
410	407		a vote of two-thirds of all the members elected to each house, as
411	408		provided by Section 39, Article III, Texas Constitution. If this
412	409		Act does not receive the vote necessary for immediate effect, this
413	410		Act takes effect September 1, 2021.