Texas 2021 - 87th Regular

Texas Senate Bill SB2149 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10043 MCF-F
2	2	By: Birdwell S.B. No. 2149
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Sterrett Road Municipal Management
8	8	District; providing authority to issue bonds; providing authority
9	9	to impose assessments, fees, and taxes; granting the power of
10	10	eminent domain.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 4, Special District Local Laws
13	13	Code, is amended by adding Chapter 3959 to read as follows:
14	14	CHAPTER 3959. STERRETT ROAD MUNICIPAL MANAGEMENT DISTRICT
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 3959.0001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "City" means the City of Waxahachie.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Sterrett Road Municipal
21	21	Management District.
22	22	Sec. 3959.0002. NATURE OF DISTRICT. The Sterrett Road
23	23	Municipal Management District is a special district created under
24	24	Section 59, Article XVI, Texas Constitution.
25	25	Sec. 3959.0003. PURPOSE; DECLARATION OF INTENT. (a) The
26	26	creation of the district is essential to accomplish the purposes of
27	27	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
28	28	Texas Constitution, and other public purposes stated in this
29	29	chapter.
30	30	(b) By creating the district and in authorizing the city and
31	31	other political subdivisions to contract with the district, the
32	32	legislature has established a program to accomplish the public
33	33	purposes set out in Section 52-a, Article III, Texas Constitution.
34	34	(c) The creation of the district is necessary to promote,
35	35	develop, encourage, and maintain employment, commerce,
36	36	transportation, housing, tourism, recreation, the arts,
37	37	entertainment, economic development, safety, and the public
38	38	welfare in the district.
39	39	(d) This chapter and the creation of the district may not be
40	40	interpreted to relieve the city from providing the level of
41	41	services provided as of the effective date of the Act enacting this
42	42	chapter to the area in the district. The district is created to
43	43	supplement and not to supplant city services provided in the
44	44	district.
45	45	Sec. 3959.0004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
46	46	(a) All land and other property included in the district will
47	47	benefit from the improvements and services to be provided by the
48	48	district under powers conferred by Sections 52 and 52-a, Article
49	49	III, and Section 59, Article XVI, Texas Constitution, and other
50	50	powers granted under this chapter.
51	51	(b) The district is created to serve a public use and
52	52	benefit.
53	53	(c) The creation of the district is in the public interest
54	54	and is essential to further the public purposes of:
55	55	(1) developing and diversifying the economy of the
56	56	state;
57	57	(2) eliminating unemployment and underemployment; and
58	58	(3) developing or expanding transportation and
59	59	commerce.
60	60	(d) The district will:
61	61	(1) promote the health, safety, and general welfare of
62	62	residents, employers, potential employees, employees, visitors,
63	63	and consumers in the district, and of the public;
64	64	(2) provide needed funding for the district to
65	65	preserve, maintain, and enhance the economic health and vitality of
66	66	the district territory as a community and business center;
67	67	(3) promote the health, safety, welfare, and enjoyment
68	68	of the public by providing pedestrian ways and by landscaping and
69	69	developing certain areas in the district, which are necessary for
70	70	the restoration, preservation, and enhancement of scenic beauty;
71	71	and
72	72	(4) provide for water, wastewater, drainage, road, and
73	73	recreational facilities for the district.
74	74	(e) Pedestrian ways along or across a street, whether at
75	75	grade or above or below the surface, and street lighting, street
76	76	landscaping, parking, and street art objects are parts of and
77	77	necessary components of a street and are considered to be a street
78	78	or road improvement.
79	79	(f) The district will not act as the agent or
80	80	instrumentality of any private interest even though the district
81	81	will benefit many private interests as well as the public.
82	82	Sec. 3959.0005. INITIAL DISTRICT TERRITORY. (a) The
83	83	district is initially composed of the territory described by
84	84	Section 2 of the Act enacting this chapter.
85	85	(b) The boundaries and field notes contained in Section 2 of
86	86	the Act enacting this chapter form a closure. A mistake in the
87	87	field notes or in copying the field notes in the legislative process
88	88	does not affect the district's:
89	89	(1) organization, existence, or validity;
90	90	(2) right to issue any type of bonds for the purposes
91	91	for which the district is created or to pay the principal of and
92	92	interest on the bonds;
93	93	(3) right to impose or collect an assessment or tax; or
94	94	(4) legality or operation.
95	95	Sec. 3959.0006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
96	96	All or any part of the area of the district is eligible to be
97	97	included in:
98	98	(1) a tax increment reinvestment zone created under
99	99	Chapter 311, Tax Code; or
100	100	(2) a tax abatement reinvestment zone created under
101	101	Chapter 312, Tax Code.
102	102	Sec. 3959.0007. APPLICABILITY OF MUNICIPAL MANAGEMENT
103	103	DISTRICTS LAW. Except as otherwise provided by this chapter,
104	104	Chapter 375, Local Government Code, applies to the district.
105	105	Sec. 3959.0008. CONSTRUCTION OF CHAPTER. This chapter
106	106	shall be liberally construed in conformity with the findings and
107	107	purposes stated in this chapter.
108	108	SUBCHAPTER B. BOARD OF DIRECTORS
109	109	Sec. 3959.0051. GOVERNING BODY; TERMS. (a) The district is
110	110	governed by a board of five elected directors who serve staggered
111	111	terms of four years.
112	112	(b) Directors are elected in the manner provided by
113	113	Subchapter D, Chapter 49, Water Code.
114	114	Sec. 3959.0052. COMPENSATION; EXPENSES. (a) The district
115	115	may compensate each director in an amount not to exceed $150 for
116	116	each board meeting. The total amount of compensation for each
117	117	director in one year may not exceed $7,200.
118	118	(b) A director is entitled to reimbursement for necessary
119	119	and reasonable expenses incurred in carrying out the duties and
120	120	responsibilities of the board.
121	121	Sec. 3959.0053. INITIAL DIRECTORS. (a) The initial board
122	122	consists of the following directors:
123	123	Pos. No. Name of Director Pos. No. Name of Director
124	124	Pos. No. Name of Director
125	125	1 David Muckleroy 1 David Muckleroy
126	126	1 David Muckleroy
127	127	2 Kenner Link 2 Kenner Link
128	128	2 Kenner Link
129	129	3 Peter Madrala 3 Peter Madrala
130	130	3 Peter Madrala
131	131	4 Ian Hall 4 Ian Hall
132	132	4 Ian Hall
133	133	5 Brock Babb 5 Brock Babb
134	134	5 Brock Babb
135	135	(b) Of the initial directors, the terms of directors
136	136	appointed for positions one through three expire June 1, 2023, and
137	137	the terms of directors appointed for positions four and five expire
138	138	June 1, 2025.
139	139	SUBCHAPTER C. POWERS AND DUTIES
140	140	Sec. 3959.0101. GENERAL POWERS AND DUTIES. The district
141	141	has the powers and duties necessary to accomplish the purposes for
142	142	which the district is created.
143	143	Sec. 3959.0102. IMPROVEMENT PROJECTS AND SERVICES. (a) The
144	144	district, using any money available to the district for the
145	145	purpose, may provide, design, construct, acquire, improve,
146	146	relocate, operate, maintain, or finance an improvement project or
147	147	service authorized under this chapter or Chapter 372 or 375, Local
148	148	Government Code.
149	149	(b) The district may contract with a governmental or private
150	150	entity to carry out an action under Subsection (a).
151	151	(c) The implementation of a district project or service is a
152	152	governmental function or service for the purposes of Chapter 791,
153	153	Government Code.
154	154	Sec. 3959.0103. NONPROFIT CORPORATION. (a) The board by
155	155	resolution may authorize the creation of a nonprofit corporation to
156	156	assist and act for the district in implementing a project or
157	157	providing a service authorized by this chapter.
158	158	(b) The nonprofit corporation:
159	159	(1) has each power of and is considered to be a local
160	160	government corporation created under Subchapter D, Chapter 431,
161	161	Transportation Code; and
162	162	(2) may implement any project and provide any service
163	163	authorized by this chapter.
164	164	(c) The board shall appoint the board of directors of the
165	165	nonprofit corporation. The board of directors of the nonprofit
166	166	corporation shall serve in the same manner as the board of directors
167	167	of a local government corporation created under Subchapter D,
168	168	Chapter 431, Transportation Code, except that a board member is not
169	169	required to reside in the district.
170	170	Sec. 3959.0104. LAW ENFORCEMENT SERVICES. To protect the
171	171	public interest, the district may contract with the city to provide
172	172	additional law enforcement services in the district for a fee.
173	173	Sec. 3959.0105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
174	174	The district may join and pay dues to a charitable or nonprofit
175	175	organization that performs a service or provides an activity
176	176	consistent with the furtherance of a district purpose.
177	177	Sec. 3959.0106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
178	178	district may engage in activities that accomplish the economic
179	179	development purposes of the district.
180	180	(b) The district may establish and provide for the
181	181	administration of one or more programs to promote state or local
182	182	economic development and to stimulate business and commercial
183	183	activity in the district, including programs to:
184	184	(1) make loans and grants of public money; and
185	185	(2) provide district personnel and services.
186	186	(c) The district may create economic development programs
187	187	and exercise the economic development powers provided to
188	188	municipalities by:
189	189	(1) Chapter 380, Local Government Code; and
190	190	(2) Subchapter A, Chapter 1509, Government Code.
191	191	Sec. 3959.0107. PARKING FACILITIES. (a) The district may
192	192	acquire, lease as lessor or lessee, construct, develop, own,
193	193	operate, and maintain parking facilities or a system of parking
194	194	facilities, including lots, garages, parking terminals, or other
195	195	structures or accommodations for parking motor vehicles off the
196	196	streets and related appurtenances.
197	197	(b) The district's parking facilities serve the public
198	198	purposes of the district and are owned, used, and held for a public
199	199	purpose even if leased or operated by a private entity for a term of
200	200	years.
201	201	(c) The district's parking facilities are parts of and
202	202	necessary components of a street and are considered to be a street
203	203	or road improvement.
204	204	(d) The development and operation of the district's parking
205	205	facilities may be considered an economic development program.
206	206	Sec. 3959.0108. ADDING OR EXCLUDING LAND. The district may
207	207	add or exclude land in the manner provided by Subchapter J, Chapter
208	208	49, Water Code, or by Subchapter H, Chapter 54, Water Code.
209	209	Sec. 3959.0109. DISBURSEMENTS AND TRANSFERS OF MONEY. The
210	210	board by resolution shall establish the number of directors'
211	211	signatures and the procedure required for a disbursement or
212	212	transfer of district money.
213	213	Sec. 3959.0110. EMINENT DOMAIN. The district may exercise
214	214	the power of eminent domain in the manner provided by Chapter 49,
215	215	Water Code.
216	216	Sec. 3959.0111. DIVISION OF DISTRICT. (a) The district may
217	217	be divided into two or more new districts only if the district:
218	218	(1) has no outstanding bonded debt; and
219	219	(2) is not imposing ad valorem taxes.
220	220	(b) This chapter applies to any new district created by the
221	221	division of the district, and a new district has all the powers and
222	222	duties of the district.
223	223	(c) Any new district created by the division of the district
224	224	may not, at the time the new district is created, contain any land
225	225	outside the area described by Section 2 of the Act enacting this
226	226	chapter.
227	227	(d) The board, on its own motion or on receipt of a petition
228	228	signed by the owner or owners of a majority of the assessed value of
229	229	the real property in the district, may adopt an order dividing the
230	230	district.
231	231	(e) An order dividing the district must:
232	232	(1) name each new district;
233	233	(2) include the metes and bounds description of the
234	234	territory of each new district;
235	235	(3) appoint initial directors for each new district;
236	236	and
237	237	(4) provide for the division of assets and liabilities
238	238	between or among the new districts.
239	239	(f) On or before the 30th day after the date of adoption of
240	240	an order dividing the district, the district shall file the order
241	241	with the Texas Commission on Environmental Quality and record the
242	242	order in the real property records of each county in which the
243	243	district is located.
244	244	(g) Any new district created by the division of the district
245	245	must hold an election as required by this chapter to obtain voter
246	246	approval before the district may impose a maintenance tax or issue
247	247	bonds payable wholly or partly from ad valorem taxes.
248	248	(h) Municipal consent to the creation of the district and to
249	249	the inclusion of land in the district granted under Section
250	250	3959.0206 acts as municipal consent to the creation of any new
251	251	district created by the division of the district and to the
252	252	inclusion of land in the new district.
253	253	SUBCHAPTER D. ASSESSMENTS
254	254	Sec. 3959.0151. PETITION REQUIRED FOR FINANCING SERVICES
255	255	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
256	256	service or improvement project with assessments under this chapter
257	257	unless a written petition requesting that service or improvement
258	258	has been filed with the board.
259	259	(b) A petition filed under Subsection (a) must be signed by
260	260	the owners of a majority of the assessed value of real property in
261	261	the district subject to assessment according to the most recent
262	262	certified tax appraisal roll for the county.
263	263	Sec. 3959.0152. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
264	264	The board by resolution may impose and collect an assessment for any
265	265	purpose authorized by this chapter in all or any part of the
266	266	district.
267	267	(b) An assessment, a reassessment, or an assessment
268	268	resulting from an addition to or correction of the assessment roll
269	269	by the district, penalties and interest on an assessment or
270	270	reassessment, an expense of collection, and reasonable attorney's
271	271	fees incurred by the district:
272	272	(1) are a first and prior lien against the property
273	273	assessed;
274	274	(2) are superior to any other lien or claim other than
275	275	a lien or claim for county, school district, or municipal ad valorem
276	276	taxes; and
277	277	(3) are the personal liability of and a charge against
278	278	the owners of the property even if the owners are not named in the
279	279	assessment proceedings.
280	280	(c) The lien is effective from the date of the board's
281	281	resolution imposing the assessment until the date the assessment is
282	282	paid. The board may enforce the lien in the same manner that the
283	283	board may enforce an ad valorem tax lien against real property.
284	284	(d) The board may make a correction to or deletion from the
285	285	assessment roll that does not increase the amount of assessment of
286	286	any parcel of land without providing notice and holding a hearing in
287	287	the manner required for additional assessments.
288	288	Sec. 3959.0153. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
289	289	Section 375.161, Local Government Code, does not apply to the
290	290	district.
291	291	SUBCHAPTER E. TAXES AND BONDS
292	292	Sec. 3959.0201. TAX ELECTION REQUIRED. (a) The district
293	293	must hold an election in the manner provided by Chapter 49, Water
294	294	Code, or, if applicable, Chapter 375, Local Government Code, to
295	295	obtain voter approval before the district may impose an ad valorem
296	296	tax.
297	297	(b) Section 375.243, Local Government Code, does not apply
298	298	to the district.
299	299	Sec. 3959.0202. OPERATION AND MAINTENANCE TAX. (a) If
300	300	authorized by a majority of the district voters voting at an
301	301	election under Section 3959.0201, the district may impose an
302	302	operation and maintenance tax on taxable property in the district
303	303	in the manner provided by Section 49.107, Water Code, for any
304	304	district purpose, including to:
305	305	(1) maintain and operate the district;
306	306	(2) construct or acquire improvements; or
307	307	(3) provide a service.
308	308	(b) The board shall determine the operation and maintenance
309	309	tax rate. The rate may not exceed the rate approved at the
310	310	election.
311	311	Sec. 3959.0203. AUTHORITY TO BORROW MONEY AND TO ISSUE
312	312	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
313	313	terms determined by the board.
314	314	(b) The district may issue, by public or private sale,
315	315	bonds, notes, or other obligations payable wholly or partly from ad
316	316	valorem taxes, assessments, impact fees, revenue, contract
317	317	payments, grants, or other district money, or any combination of
318	318	those sources of money, to pay for any authorized district purpose.
319	319	(c) The limitation on the outstanding principal amount of
320	320	bonds, notes, or other obligations provided by Section 49.4645,
321	321	Water Code, does not apply to the district.
322	322	(d) The district may issue, by public or private sale,
323	323	bonds, notes, or other obligations payable wholly or partly from ad
324	324	valorem taxes or assessments in the manner provided by Subchapter
325	325	A, Chapter 372, Local Government Code, if the improvements financed
326	326	by an obligation issued under this section will be conveyed to or
327	327	operated and maintained by a municipality or other retail utility
328	328	provider pursuant to an agreement with the district entered into
329	329	before the issuance of the obligation.
330	330	Sec. 3959.0204. BONDS SECURED BY REVENUE OR CONTRACT
331	331	PAYMENTS. The district may issue, without an election, bonds
332	332	secured by:
333	333	(1) revenue other than ad valorem taxes;
334	334	(2) contract payments, provided that the requirements
335	335	of Section 49.108, Water Code, have been met; or
336	336	(3) other contract revenues.
337	337	Sec. 3959.0205. BONDS SECURED BY AD VALOREM TAXES;
338	338	ELECTIONS. (a) If authorized at an election under Section
339	339	3959.0201, the district may issue bonds payable from ad valorem
340	340	taxes.
341	341	(b) At the time the district issues bonds payable wholly or
342	342	partly from ad valorem taxes, the board shall provide for the annual
343	343	imposition of a continuing direct annual ad valorem tax, without
344	344	limit as to rate or amount, for each year that all or part of the
345	345	bonds are outstanding as required and in the manner provided by
346	346	Sections 54.601 and 54.602, Water Code.
347	347	(c) All or any part of any facilities or improvements that
348	348	may be acquired by a district by the issuance of its bonds may be
349	349	submitted as a single proposition or as several propositions to be
350	350	voted on at the election.
351	351	Sec. 3959.0206. CONSENT OF MUNICIPALITY REQUIRED. (a) The
352	352	board may not issue bonds until each municipality in whose
353	353	corporate limits or extraterritorial jurisdiction the district is
354	354	located has consented by ordinance or resolution to the creation of
355	355	the district and to the inclusion of land in the district.
356	356	(b) This section applies only to the district's first
357	357	issuance of bonds payable from ad valorem taxes.
358	358	SUBCHAPTER Z. DISSOLUTION
359	359	Sec. 3959.0901. DISSOLUTION. (a) The board shall dissolve
360	360	the district on written petition filed with the board by the owners
361	361	of:
362	362	(1) 66 percent or more of the assessed value subject to
363	363	assessment by the district of the property in the district based on
364	364	the most recent certified county property tax rolls; or
365	365	(2) 66 percent or more of the surface area of the
366	366	district, excluding roads, streets, highways, utility
367	367	rights-of-way, other public areas, and other property exempt from
368	368	assessment by the district according to the most recent certified
369	369	county property tax rolls.
370	370	(b) The district may not be dissolved if the district:
371	371	(1) has any outstanding bonded or other indebtedness
372	372	until that bonded or other indebtedness has been repaid or defeased
373	373	in accordance with the order or resolution authorizing the issuance
374	374	of the bonded or other indebtedness;
375	375	(2) has a contractual obligation to pay money until
376	376	that obligation has been fully paid in accordance with the
377	377	contract; or
378	378	(3) owns, operates, or maintains public works,
379	379	facilities, or improvements unless the district has contracted with
380	380	another party for the ownership and operation or maintenance of the
381	381	public works, facilities, or improvements.
382	382	(c) Section 375.262, Local Government Code, does not apply
383	383	to the district.
384	384	SECTION 2. The Sterrett Road Municipal Management District
385	385	initially includes all territory contained in the following area:
386	386	Being a parcel of land located in Ellis County, Texas, a part of the
387	387	a part of the Clement Goar Survey, Abstract Number 401, a part of
388	388	the Carter H. Hurst Survey, Abstract Number 456, and being all of
389	389	that called 124.27 acre tract of land described in deed to Futex
390	390	Property Company No. 112, LLC as recorded in Instrument Number
391	391	1801007, Official Public Records of Ellis County, Texas, and being
392	392	all of that called 101.19 acre tract of land described in deed to
393	393	James R. Pitts, Trustee as recorded in Instrument Number 1723473,
394	394	Official Public Records of Ellis County, Texas, and also being all
395	395	of that called 360.00 acre tract of land described in deed to Fuscom
396	396	Property Company No. 2, LLC as recorded in Instrument Number
397	397	1800404, Official Public Records of Ellis County, Texas, and being
398	398	further described as follows:
399	399	BEGINNING at a point at the southwest corner of said 124.27 acre
400	400	tract, said point also being at the approximate centerline
401	401	intersection of West Sterrett Road and Patrick Road;
402	402	THENCE North 00 degrees 02 minutes 30 seconds West, 4,252.90 feet to
403	403	a point for corner, said point being the most westerly northwest
404	404	corner of said 360.00 acre tract, said point also being in Patrick
405	405	Road;
406	406	THENCE along the north line of said 360.00 acre tract as follows:
407	407	North 88 degrees 02 minutes 21 seconds East, 2,227.21 feet to
408	408	a point for corner;
409	409	North 03 degrees 02 minutes 39 seconds West, 972.62 feet to a
410	410	point for corner;
411	411	North 89 degrees 51 minutes 38 seconds East, 459.17 feet to a
412	412	point for corner;
413	413	North 02 degrees 01 minutes 41 seconds West, 296.17 feet to a
414	414	point for corner;
415	415	North 89 degrees 01 minutes 02 seconds East, 1,306.16 feet to
416	416	a point for corner;
417	417	North 88 degrees 37 minutes 03 seconds East, 453.09 feet to a
418	418	point for corner;
419	419	South 01 degrees 18 minutes 19 seconds East, 437.73 feet to a
420	420	point for corner;
421	421	North 89 degrees 09 minutes 41 seconds East, 850.07 feet to a
422	422	point for corner, said point being the northeast corner of said
423	423	360.00 acre tract;
424	424	THENCE along the east line of said 360.00 acre tract as follows:
425	425	South 00 degrees 57 minutes 39 seconds East, 1,694.38 feet to
426	426	a point for corner;
427	427	South 01 degrees 25 minutes 02 seconds East, 1,620.58 feet to
428	428	a point for corner, said point being the southeast corner of said
429	429	360.00 acre tract, said point also being the northeast corner of
430	430	said 101.19 acre tract;
431	431	THENCE South 00 degrees 37 minutes 32 seconds East, 1,625.00 feet to
432	432	the southeast corner of said 101.19 acre tract, said point also
433	433	being in West Sterrett Road;
434	434	THENCE North 89 degrees 19 minutes 15 seconds West, 2,693.70 feet to
435	435	a point for corner, said point being the southwest corner of said
436	436	101.19 acre tract, said point also being in the east line of said
437	437	124.27 acre tract, said point also being in West Sterrett Road;
438	438	THENCE South 01 degrees 22 minutes 01 seconds East, 294.05 feet to a
439	439	point for corner, said point being the southeast corner of said
440	440	124.27 acre tract, said point also being in West Sterrett Road;
441	441	THENCE South 89 degrees 54 minutes 12 seconds West, 2,638.73 feet
442	442	along the south line of said 124.27 acre tract to the POINT OF
443	443	BEGINNING and containing 25,506,220 square feet or 585.542 acres of
444	444	land.
445	445	Bearings are based on the west line of that called 124.27 acre tract
446	446	of land described in deed to Futex Property Company No. 112, LLC as
447	447	recorded in Instrument Number 1801007, Official Public Records of
448	448	Ellis County, Texas.
449	449	SECTION 3. (a) The legal notice of the intention to
450	450	introduce this Act, setting forth the general substance of this
451	451	Act, has been published as provided by law, and the notice and a
452	452	copy of this Act have been furnished to all persons, agencies,
453	453	officials, or entities to which they are required to be furnished
454	454	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
455	455	Government Code.
456	456	(b) The governor, one of the required recipients, has
457	457	submitted the notice and Act to the Texas Commission on
458	458	Environmental Quality.
459	459	(c) The Texas Commission on Environmental Quality has filed
460	460	its recommendations relating to this Act with the governor,
461	461	lieutenant governor, and speaker of the house of representatives
462	462	within the required time.
463	463	(d) All requirements of the constitution and laws of this
464	464	state and the rules and procedures of the legislature with respect
465	465	to the notice, introduction, and passage of this Act have been
466	466	fulfilled and accomplished.
467	467	SECTION 4. (a) Section 3959.0110, Special District Local
468	468	Laws Code, as added by Section 1 of this Act, takes effect only if
469	469	this Act receives a two-thirds vote of all the members elected to
470	470	each house.
471	471	(b) If this Act does not receive a two-thirds vote of all the
472	472	members elected to each house, Subchapter C, Chapter 3959, Special
473	473	District Local Laws Code, as added by Section 1 of this Act, is
474	474	amended by adding Section 3959.0110 to read as follows:
475	475	Sec. 3959.0110. NO EMINENT DOMAIN POWER. The district may
476	476	not exercise the power of eminent domain.
477	477	(c) This section is not intended to be an expression of a
478	478	legislative interpretation of the requirements of Section 17(c),
479	479	Article I, Texas Constitution.
480	480	SECTION 5. This Act takes effect immediately if it receives
481	481	a vote of two-thirds of all the members elected to each house, as
482	482	provided by Section 39, Article III, Texas Constitution. If this
483	483	Act does not receive the vote necessary for immediate effect, this
484	484	Act takes effect September 1, 2021.
485	485
486	486	Pos. No. Name of Director
487	487
488	488	1 David Muckleroy
489	489
490	490	2 Kenner Link
491	491
492	492	3 Peter Madrala
493	493
494	494	4 Ian Hall
495	495
496	496	5 Brock Babb