Texas 2021 - 87th Regular

Texas House Bill HB4634 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4634
	1	+	By: Stephenson (Senate Sponsor - Kolkhorst) H.B. No. 4634
	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 21, 2021, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 21, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Fort Bend County Municipal Utility
6	12		District No. 250; granting a limited power of eminent domain;
7	13		providing authority to issue bonds; providing authority to impose
8	14		assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 7943A to read as follows:
12	18		CHAPTER 7943A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 250
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 7943A.0101. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(3) "Director" means a board member.
19	25		(4) "District" means the Fort Bend County Municipal
20	26		Utility District No. 250.
21	27		Sec. 7943A.0102. NATURE OF DISTRICT. The district is a
22	28		municipal utility district created under Section 59, Article XVI,
23	29		Texas Constitution.
24	30		Sec. 7943A.0103. CONFIRMATION AND DIRECTOR ELECTION
25	31		REQUIRED. The temporary directors shall hold an election to
26	32		confirm the creation of the district and to elect five permanent
27	33		directors as provided by Section 49.102, Water Code.
28	34		Sec. 7943A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		7943A.0103 until each municipality in whose corporate limits or
31	37		extraterritorial jurisdiction the district is located has
32	38		consented by ordinance or resolution to the creation of the
33	39		district and to the inclusion of land in the district.
34	40		Sec. 7943A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	41		(a) The district is created to serve a public purpose and benefit.
36	42		(b) The district is created to accomplish the purposes of:
37	43		(1) a municipal utility district as provided by
38	44		general law and Section 59, Article XVI, Texas Constitution; and
39	45		(2) Section 52, Article III, Texas Constitution, that
40	46		relate to the construction, acquisition, improvement, operation,
41	47		or maintenance of macadamized, graveled, or paved roads, or
42	48		improvements, including storm drainage, in aid of those roads.
43	49		Sec. 7943A.0106. INITIAL DISTRICT TERRITORY. (a) The
44	50		district is initially composed of the territory described by
45	51		Section 2 of the Act enacting this chapter.
46	52		(b) The boundaries and field notes contained in Section 2 of
47	53		the Act enacting this chapter form a closure. A mistake made in the
48	54		field notes or in copying the field notes in the legislative process
49	55		does not affect the district's:
50	56		(1) organization, existence, or validity;
51	57		(2) right to issue any type of bond for the purposes
52	58		for which the district is created or to pay the principal of and
53	59		interest on a bond;
54	60		(3) right to impose a tax; or
55	61		(4) legality or operation.
56	62		SUBCHAPTER B. BOARD OF DIRECTORS
57	63		Sec. 7943A.0201. GOVERNING BODY; TERMS. (a) The district
58	64		is governed by a board of five elected directors.
59	65		(b) Except as provided by Section 7943A.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 7943A.0202. TEMPORARY DIRECTORS. (a) The temporary
62	68		board consists of:
63	69		(1) Kyle Kraus;
64	70		(2) Darrin Fentress;
65	71		(3) Joseph Koch;
66	72		(4) Michelle Vinklarek; and
67	73		(5) Justin Vickery.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 7943A.0103; or
71	77		(2) the fourth anniversary of the effective date of
72	78		the Act enacting this chapter.
73	79		(c) If permanent directors have not been elected under
74	80		Section 7943A.0103 and the terms of the temporary directors have
75	81		expired, successor temporary directors shall be appointed or
76	82		reappointed as provided by Subsection (d) to serve terms that
77	83		expire on the earlier of:
78	84		(1) the date permanent directors are elected under
79	85		Section 7943A.0103; or
80	86		(2) the fourth anniversary of the date of the
81	87		appointment or reappointment.
82	88		(d) If Subsection (c) applies, the owner or owners of a
83	89		majority of the assessed value of the real property in the district
84	90		may submit a petition to the commission requesting that the
85	91		commission appoint as successor temporary directors the five
86	92		persons named in the petition. The commission shall appoint as
87	93		successor temporary directors the five persons named in the
88	94		petition.
89	95		SUBCHAPTER C. POWERS AND DUTIES
90	96		Sec. 7943A.0301. GENERAL POWERS AND DUTIES. The district
91	97		has the powers and duties necessary to accomplish the purposes for
92	98		which the district is created.
93	99		Sec. 7943A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	100		DUTIES. The district has the powers and duties provided by the
95	101		general law of this state, including Chapters 49 and 54, Water Code,
96	102		applicable to municipal utility districts created under Section 59,
97	103		Article XVI, Texas Constitution.
98	104		Sec. 7943A.0303. AUTHORITY FOR ROAD PROJECTS. Under
99	105		Section 52, Article III, Texas Constitution, the district may
100	106		design, acquire, construct, finance, issue bonds for, improve,
101	107		operate, maintain, and convey to this state, a county, or a
102	108		municipality for operation and maintenance macadamized, graveled,
103	109		or paved roads, or improvements, including storm drainage, in aid
104	110		of those roads.
105	111		Sec. 7943A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	112		road project must meet all applicable construction standards,
107	113		zoning and subdivision requirements, and regulations of each
108	114		municipality in whose corporate limits or extraterritorial
109	115		jurisdiction the road project is located.
110	116		(b) If a road project is not located in the corporate limits
111	117		or extraterritorial jurisdiction of a municipality, the road
112	118		project must meet all applicable construction standards,
113	119		subdivision requirements, and regulations of each county in which
114	120		the road project is located.
115	121		(c) If the state will maintain and operate the road, the
116	122		Texas Transportation Commission must approve the plans and
117	123		specifications of the road project.
118	124		Sec. 7943A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	125		ORDINANCE OR RESOLUTION. The district shall comply with all
120	126		applicable requirements of any ordinance or resolution that is
121	127		adopted under Section 54.016 or 54.0165, Water Code, and that
122	128		consents to the creation of the district or to the inclusion of land
123	129		in the district.
124	130		Sec. 7943A.0306. DIVISION OF DISTRICT. (a) The district
125	131		may be divided into two or more new districts only if the district:
126	132		(1) has never issued any bonds; and
127	133		(2) is not imposing ad valorem taxes.
128	134		(b) This chapter applies to any new district created by
129	135		division of the district, and a new district has all the powers and
130	136		duties of the district.
131	137		(c) A new district created by the division of the district
132	138		may not, at the time the new district is created, contain any land
133	139		outside the area described by Section 2 of the Act enacting this
134	140		chapter.
135	141		(d) The board, on its own motion or on receipt of a petition
136	142		signed by the owner or owners of a majority of the assessed value of
137	143		the real property in the district, may adopt an order dividing the
138	144		district.
139	145		(e) The board may adopt an order dividing the district
140	146		before or after the date the board holds an election under Section
141	147		7943A.0103 to confirm the district's creation.
142	148		(f) An order dividing the district shall:
143	149		(1) name each new district;
144	150		(2) include the metes and bounds description of the
145	151		territory of each new district;
146	152		(3) appoint temporary directors for each new district;
147	153		and
148	154		(4) provide for the division of assets and liabilities
149	155		between the new districts.
150	156		(g) On or before the 30th day after the date of adoption of
151	157		an order dividing the district, the district shall file the order
152	158		with the commission and record the order in the real property
153	159		records of each county in which the district is located.
154	160		(h) A new district created by the division of the district
155	161		shall hold a confirmation and directors' election as required by
156	162		Section 7943A.0103.
157	163		(i) If the creation of the new district is confirmed, the
158	164		new district shall provide the election date and results to the
159	165		commission.
160	166		(j) A new district created by the division of the district
161	167		must hold an election as required by this chapter to obtain voter
162	168		approval before the district may impose a maintenance tax or issue
163	169		bonds payable wholly or partly from ad valorem taxes.
164	170		(k) Municipal consent to the creation of the district and to
165	171		the inclusion of land in the district granted under Section
166	172		7943A.0104 acts as municipal consent to the creation of any new
167	173		district created by the division of the district and to the
168	174		inclusion of land in the new district.
169	175		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
170	176		Sec. 7943A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
171	177		The district may issue, without an election, bonds and other
172	178		obligations secured by:
173	179		(1) revenue other than ad valorem taxes; or
174	180		(2) contract payments described by Section
175	181		7943A.0403.
176	182		(b) The district must hold an election in the manner
177	183		provided by Chapters 49 and 54, Water Code, to obtain voter approval
178	184		before the district may impose an ad valorem tax or issue bonds
179	185		payable from ad valorem taxes.
180	186		(c) The district may not issue bonds payable from ad valorem
181	187		taxes to finance a road project unless the issuance is approved by a
182	188		vote of a two-thirds majority of the district voters voting at an
183	189		election held for that purpose.
184	190		Sec. 7943A.0402. OPERATION AND MAINTENANCE TAX. (a) If
185	191		authorized at an election held under Section 7943A.0401, the
186	192		district may impose an operation and maintenance tax on taxable
187	193		property in the district in accordance with Section 49.107, Water
188	194		Code.
189	195		(b) The board shall determine the tax rate. The rate may not
190	196		exceed the rate approved at the election.
191	197		Sec. 7943A.0403. CONTRACT TAXES. (a) In accordance with
192	198		Section 49.108, Water Code, the district may impose a tax other than
193	199		an operation and maintenance tax and use the revenue derived from
194	200		the tax to make payments under a contract after the provisions of
195	201		the contract have been approved by a majority of the district voters
196	202		voting at an election held for that purpose.
197	203		(b) A contract approved by the district voters may contain a
198	204		provision stating that the contract may be modified or amended by
199	205		the board without further voter approval.
200	206		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
201	207		Sec. 7943A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
202	208		OBLIGATIONS. The district may issue bonds or other obligations
203	209		payable wholly or partly from ad valorem taxes, impact fees,
204	210		revenue, contract payments, grants, or other district money, or any
205	211		combination of those sources, to pay for any authorized district
206	212		purpose.
207	213		Sec. 7943A.0502. TAXES FOR BONDS. At the time the district
208	214		issues bonds payable wholly or partly from ad valorem taxes, the
209	215		board shall provide for the annual imposition of a continuing
210	216		direct ad valorem tax, without limit as to rate or amount, while all
211	217		or part of the bonds are outstanding as required and in the manner
212	218		provided by Sections 54.601 and 54.602, Water Code.
213	219		Sec. 7943A.0503. BONDS FOR ROAD PROJECTS. At the time of
214	220		issuance, the total principal amount of bonds or other obligations
215	221		issued or incurred to finance road projects and payable from ad
216	222		valorem taxes may not exceed one-fourth of the assessed value of the
217	223		real property in the district.
218	224		SECTION 2. The Fort Bend County Municipal Utility District
219	225		No. 250 initially includes all the territory contained in the
220	226		following area:
221	227		A METES & BOUNDS description of a 428.72 acre tract of land in
222	228		the B. B. B. & C. Railroad Company Survey Section 309, Abstract 126,
223	229		and the Gabriel Cole 3/4 League, Abstract 19, Fort Bend County,
224	230		Texas, being those portions of that certain called 614.964 acre
225	231		tract (Tract One) and called 4.00 acre tract (Tract Two) recorded
226	232		under County Clerk's File Number 2020160769, Official Public
227	233		Records, Fort Bend County, Texas, and that certain called 315.937
228	234		acre tract recorded under 2015047309, Official Public Records, Fort
229	235		Bend County, Texas, outside of the Extraterritorial Jurisdictional
230	236		limits of the City of Rosenberg, with all bearings based upon the
231	237		Texas Coordinate System of 1983, South Central Zone, based upon GPS
232	238		observations.
233	239		Beginning at a concrete monument found in the southeast
234	240		right-of-way line of U. S. Highway 59 (width varies) for the north
235	241		corner of said called 614.964 acre tract, same being the west corner
236	242		of an adjoining called 130.806 acre tract (First Tract) recorded in
237	243		Volume 382, Page 180, Deed Records, Fort Bend County, Texas, for the
238	244		north corner and Place of Beginning of the herein described tract,
239	245		said point being in the northeast line of said B. B. B. & C. Railroad
240	246		company Survey Section 309, Abstract 126, same being the southwest
241	247		line of the adjoining S. N. Cross Survey, Abstract 400;
242	248		Thence South 39 degrees 03 minutes 55 seconds East along the
243	249		northeast line of the herein described tract and said called
244	250		614.964 acre tract, same being the southwest line of said adjoining
245	251		called 130.806 acre tract, being the northeast line of said B. B. B. &
246	252		C. Railroad Company Survey Section 309, Abstract 126, same being
247	253		the southwest line of said adjoining S. N. Cross Survey, Abstract
248	254		400, 1,148.86 feet to a point on said line at its intersection with
249	255		the Extraterritorial Jurisdictional limits of the City of Rosenberg
250	256		based on a 2-mile arc from the west line of City of Rosenberg
251	257		Annexation Number 66, said point being in a non-tangent curve to the
252	258		left;
253	259		Thence with said non-tangent curve to the left, being the
254	260		Extraterritorial Jurisdictional limits of the City of Rosenberg,
255	261		having a central angle of 20 degrees 50 minutes 55 seconds, an arc
256	262		length of 3,842.56 feet, a radius of 10,560.00 feet, and a chord
257	263		bearing South 08 degrees 54 minutes 47 seconds West, 3,821.40 feet
258	264		to a point in the upper southwest line of said called 614.964 acre
259	265		tract and said B. B. B. & C. Railroad Company Survey Section 309,
260	266		Abstract 126, same being the northeast line of said Gabriel Cole 3/4
261	267		League, Abstract 19;
262	268		Thence North 39 degrees 01 minute 53 seconds West along an
263	269		interior line of the herein described tract, being the upper
264	270		southwest line of said called 614.964 acre tract and said B. B. B. &
265	271		C. Railroad Company Survey Section 309, Abstract 126, same being
266	272		the northeast line of said Gabriel Cole 3/4 League, Abstract 19,
267	273		2,484.19 feet to the upper southeast corner of the aforementioned
268	274		called 315.937 acre tract for a reentry corner to the herein
269	275		described tract;
270	276		Thence South 71 degrees 57 minutes 09 seconds West along an
271	277		interior line of the herein described tract and said called 315.937
272	278		acre tract, and along the northwest line of an adjoining called
273	279		25.00 acre tract recorded under County Clerk's File Number
274	280		2001085827, Official Public Records, Fort Bend County, Texas, and
275	281		described in Volume 638, Page 367, Deed Records, Fort Bend County,
276	282		Texas, 1,494.57 feet to the west corner of said adjoining called
277	283		25.00 acre tract, being a reentry corner of said called 315.937 acre
278	284		tract and a reentry corner to the herein described tract;
279	285		Thence South 67 degrees 13 minutes 47 seconds East along the
280	286		southerly line of said adjoining called 25.00 acre tract, 2,718.67
281	287		feet to the southeast corner of said adjoining called 25.00 acre
282	288		tract;
283	289		Thence South 41 degrees 16 minutes 22 seconds East along an
284	290		interior line of the herein described tract, being the
285	291		northeasterly line of said called 315.937 acre tract, 732.40 feet
286	292		to a point on said line at its intersection with the above-described
287	293		Extraterritorial Jurisdictional limits of the City of Rosenberg;
288	294		Thence with said non-tangent curve to the left, being the
289	295		Extraterritorial Jurisdictional limits of the City of Rosenberg,
290	296		having a central angle of 11 degrees 03 minutes 22 seconds, an arc
291	297		length of 2,037.72 feet, a radius of 10,560.00 feet, and a chord
292	298		bearing South 07 degrees 46 minutes 39 seconds East, 2,034.56 feet
293	299		to a point in the southwest line of said called 315.937 acre tract,
294	300		same being the northeast line of an adjoining called 189.1838 acre
295	301		tract recorded under County Clerk's File Number 2014097231,
296	302		Official Public Records, Fort Bend County, Texas, for the south
297	303		corner of the herein described tract;
298	304		Thence North 67 degrees 34 minutes 04 seconds West along the
299	305		southwest line of the herein described tract and said called
300	306		315.937 acre tract, same being the northeast line of said adjoining
301	307		called 189.183 acre tract, 1,285.70 feet to the north corner of said
302	308		adjoining called 189.183 acre tract, same being the east corner of
303	309		an adjoining called 133.7601 acre tract recorded in Volume 2180,
304	310		Page 1885, Official Records, Fort Bend County, Texas;
305	311		Thence North 67 degrees 21 minutes 28 seconds West along the
306	312		southwest line of the herein described tract and said called
307	313		315.937 acre tract, same being a northeast line of said adjoining
308	314		called 133.7601 acre tract, 912.38 feet to the lower north corner of
309	315		said adjoining called 133.7601 acre tract for corner, said point
310	316		being in the southeast line of an adjoining called 8.6 acre tract
311	317		recorded in Volume 963, Page 371, Deed Records, Fort Bend County,
312	318		Texas;
313	319		Thence North 57 degrees 49 minutes 44 seconds East along the
314	320		common line of the herein described tract and said adjoining called
315	321		8.6 acre tract, 121.36 feet to the east corner of said adjoining
316	322		called 8.6 acre tract for a reentry corner to the herein described
317	323		tract;
318	324		Thence North 67 degrees 39 minutes 16 seconds West continuing
319	325		along said common line, and along the northeast line of an adjoining
320	326		called 11.05 acre tract recorded in Volume 81, Page 265, Deed
321	327		Records, Fort Bend County, Texas, 1,458.82 feet to the north corner
322	328		of said adjoining called 11.05 acre tract, same being the lower east
323	329		corner of an adjoining called 177.581 acre tract recorded under
324	330		County Clerk's File Number 2016022967, Official Public Records,
325	331		Fort Bend County, Texas;
326	332		Thence North 68 degrees 05 minutes 20 seconds West along the
327	333		common line of the herein described tract and said adjoining called
328	334		177.581 acre tract, 2,064.49 feet to a point in the centerline of
329	335		Turkey Creek;
330	336		Thence continuing along said common line, being the
331	337		centerline of Turkey Creek, with the following meanders:
332	338		North 65 degrees 07 minutes 28 seconds West, 96.85 feet;
333	339		North 74 degrees 24 minutes 56 seconds West, 132.63
334	340		feet;
335	341		South 60 degrees 58 minutes 04 seconds West, 22.62 feet;
336	342		North 82 degrees 08 minutes 09 seconds West, 34.34 feet;
337	343		North 60 degrees 55 minutes 28 seconds West, 74.41 feet;
338	344		North 32 degrees 56 minutes 51 seconds West, 57.73 feet;
339	345		North 49 degrees 02 minutes 35 seconds West, 56.30 feet;
340	346		North 50 degrees 06 minutes 14 seconds West, 38.15 feet;
341	347		North 26 degrees 39 minutes 23 seconds West, 55.25 feet;
342	348		North 19 degrees 50 minutes 01 second East, 25.51 feet;
343	349		North 51 degrees 51 minutes 14 seconds East, 44.50 feet;
344	350		North 42 degrees 17 minutes 14 seconds East, 63.75 feet;
345	351		North 85 degrees 38 minutes 12 seconds East, 96.38 feet;
346	352		North 01 degree 45 minutes 24 seconds West, 27.11 feet;
347	353		North 43 degrees 44 minutes 40 seconds West, 84.31 feet;
348	354		North 45 degrees 44 minutes 36 seconds West, 53.16 feet;
349	355		South 88 degrees 33 minutes 49 seconds West, 27.33 feet;
350	356		South 61 degrees 21 minutes 16 seconds West, 46.71 feet;
351	357		North 71 degrees 54 minutes 51 seconds West, 30.41 feet;
352	358		North 33 degrees 27 minutes 49 seconds West, 51.91 feet;
353	359		North 13 degrees 54 minutes 32 seconds East, 51.27 feet;
354	360		North 31 degrees 15 minutes 08 seconds East, 103.53 feet
355	361		to a point for corner, said point being the west corner of an
356	362		adjoining called 8.6215 acre tract in deed to the State of Texas,
357	363		and described under County Clerk's File Number 2016123444, Official
358	364		Public Records, Fort Bend County, Texas;
359	365		Thence South 42 degrees 35 minutes 10 seconds East along the
360	366		common line of the herein described tract and said adjoining called
361	367		8.6215 acre tract, 798.02 feet to a point for corner;
362	368		Thence North 47 degrees 22 minutes 21 seconds East continuing
363	369		along said common line, 120.63 feet to a point for corner;
364	370		Thence North 42 degrees 23 minutes 23 seconds West continuing
365	371		along said common line, 19.45 feet to a point for corner;
366	372		Thence North 49 degrees 23 minutes 31 seconds East continuing
367	373		along said common line, 70.26 feet to a point for corner, said point
368	374		being in a non-tangent curve to the left;
369	375		Thence with said non-tangent curve to the left, continuing
370	376		along said common line, having a central angle of 85 degrees 32
371	377		minutes 06 seconds, an arc length of 528.48 feet, a radius of 354.00
372	378		feet, and a chord bearing North 06 degrees 39 minutes 42 seconds
373	379		East, 480.75 feet to the end of said curve;
374	380		Thence North 36 degrees 05 minutes 40 seconds West continuing
375	381		along said common line, 348.39 feet to a point for corner, said
376	382		point being in the southeast line of an adjoining called 3.307 acre
377	383		tract (Parcel 98-E) in deed to the State of Texas in Volume 486,
378	384		Page 735, Deed Records, Fort Bend County, Texas;
379	385		Thence North 53 degrees 54 minutes 57 seconds East along the
380	386		southeast line of said adjoining called 3.307 acre tract, 748.91
381	387		feet to the east corner of said adjoining called 3.307 acre tract
382	388		for a reentry corner to the herein described tract;
383	389		Thence North 36 degrees 16 minutes 59 seconds West along the
384	390		northeast line of said adjoining called 3.307 acre tract, 150.00
385	391		feet to the north corner of said adjoining called 3.307 acre tract,
386	392		said point being in the southeast right-of-way line of U. S. Highway
387	393		59;
388	394		Thence North 53 degrees 54 minutes 14 seconds East along the
389	395		southeast right-of-way line of U.S. Highway 59, 2,333.11 feet to
390	396		the north corner of said called 315.937 acre tract, same being the
391	397		west corner of said called 614.964 acre tract;
392	398		Thence North 53 degrees 55 minutes 05 seconds East continuing
393	399		along the southeast right-of- way line of U. S. Highway 59, 2,841.22
394	400		feet to the Place of Beginning and containing 428.72 acres of land,
395	401		more or less.
396	402		SECTION 3. (a) The legal notice of the intention to
397	403		introduce this Act, setting forth the general substance of this
398	404		Act, has been published as provided by law, and the notice and a
399	405		copy of this Act have been furnished to all persons, agencies,
400	406		officials, or entities to which they are required to be furnished
401	407		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
402	408		Government Code.
403	409		(b) The governor, one of the required recipients, has
404	410		submitted the notice and Act to the Texas Commission on
405	411		Environmental Quality.
406	412		(c) The Texas Commission on Environmental Quality has filed
407	413		its recommendations relating to this Act with the governor, the
408	414		lieutenant governor, and the speaker of the house of
409	415		representatives within the required time.
410	416		(d) All requirements of the constitution and laws of this
411	417		state and the rules and procedures of the legislature with respect
412	418		to the notice, introduction, and passage of this Act are fulfilled
413	419		and accomplished.
414	420		SECTION 4. (a) If this Act does not receive a two-thirds
415	421		vote of all the members elected to each house, Subchapter C, Chapter
416	422		7943A, Special District Local Laws Code, as added by Section 1 of
417	423		this Act, is amended by adding Section 7943A.0307 to read as
418	424		follows:
419	425		Sec. 7943A.0307. NO EMINENT DOMAIN POWER. The district may
420	426		not exercise the power of eminent domain.
421	427		(b) This section is not intended to be an expression of a
422	428		legislative interpretation of the requirements of Section 17(c),
423	429		Article I, Texas Constitution.
424	430		SECTION 5. This Act takes effect immediately if it receives
425	431		a vote of two-thirds of all the members elected to each house, as
426	432		provided by Section 39, Article III, Texas Constitution. If this
427	433		Act does not receive the vote necessary for immediate effect, this
428	434		Act takes effect September 1, 2021.
429		-	______________________________ ______________________________
430		-	President of the Senate Speaker of the House
431		-	I certify that H.B. No. 4634 was passed by the House on May
432		-	14, 2021, by the following vote: Yeas 105, Nays 40, 2 present, not
433		-	voting.
434		-	______________________________
435		-	Chief Clerk of the House
436		-	I certify that H.B. No. 4634 was passed by the Senate on May
437		-	27, 2021, by the following vote: Yeas 31, Nays 0.
438		-	______________________________
439		-	Secretary of the Senate
440		-	APPROVED: _____________________
441		-	Date
442		-	_____________________
443		-	Governor
	435	+	* * * * *