Texas 2021 - 87th Regular

Texas Senate Bill SB2204 Compare Versions

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

Old	New	Differences
1	1	87R13523 SGM-F
2	2	By: Kolkhorst S.B. No. 2204
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Fort Bend County Municipal Utility
8	8	District No. 250; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 7943A to read as follows:
14	14	CHAPTER 7943A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 250
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7943A.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Fort Bend County Municipal
22	22	Utility District No. 250.
23	23	Sec. 7943A.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 7943A.0103. CONFIRMATION AND DIRECTOR ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 7943A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7943A.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 7943A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7943A.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7943A.0201. GOVERNING BODY; TERMS. (a) The district
60	60	is governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7943A.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7943A.0202. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Kyle Kraus;
66	66	(2) Darrin Fentress;
67	67	(3) Joseph Koch;
68	68	(4) Michelle Vinklarek; and
69	69	(5) Justin Vickery.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7943A.0103; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 7943A.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 7943A.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 7943A.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 7943A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 7943A.0303. AUTHORITY FOR ROAD PROJECTS. Under
101	101	Section 52, Article III, Texas Constitution, the district may
102	102	design, acquire, construct, finance, issue bonds for, improve,
103	103	operate, maintain, and convey to this state, a county, or a
104	104	municipality for operation and maintenance macadamized, graveled,
105	105	or paved roads, or improvements, including storm drainage, in aid
106	106	of those roads.
107	107	Sec. 7943A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
108	108	road project must meet all applicable construction standards,
109	109	zoning and subdivision requirements, and regulations of each
110	110	municipality in whose corporate limits or extraterritorial
111	111	jurisdiction the road project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards,
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 7943A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
121	121	ORDINANCE OR RESOLUTION. The district shall comply with all
122	122	applicable requirements of any ordinance or resolution that is
123	123	adopted under Section 54.016 or 54.0165, Water Code, and that
124	124	consents to the creation of the district or to the inclusion of land
125	125	in the district.
126	126	Sec. 7943A.0306. DIVISION OF DISTRICT. (a) The district
127	127	may be divided into two or more new districts only if the district:
128	128	(1) has never issued any bonds; and
129	129	(2) is not imposing ad valorem taxes.
130	130	(b) This chapter applies to any new district created by
131	131	division of the district, and a new district has all the powers and
132	132	duties of the district.
133	133	(c) A new district created by the division of the district
134	134	may not, at the time the new district is created, contain any land
135	135	outside the area described by Section 2 of the Act enacting this
136	136	chapter.
137	137	(d) The board, on its own motion or on receipt of a petition
138	138	signed by the owner or owners of a majority of the assessed value of
139	139	the real property in the district, may adopt an order dividing the
140	140	district.
141	141	(e) The board may adopt an order dividing the district
142	142	before or after the date the board holds an election under Section
143	143	7943A.0103 to confirm the district's creation.
144	144	(f) An order dividing the district shall:
145	145	(1) name each new district;
146	146	(2) include the metes and bounds description of the
147	147	territory of each new district;
148	148	(3) appoint temporary directors for each new district;
149	149	and
150	150	(4) provide for the division of assets and liabilities
151	151	between the new districts.
152	152	(g) On or before the 30th day after the date of adoption of
153	153	an order dividing the district, the district shall file the order
154	154	with the commission and record the order in the real property
155	155	records of each county in which the district is located.
156	156	(h) A new district created by the division of the district
157	157	shall hold a confirmation and directors' election as required by
158	158	Section 7943A.0103.
159	159	(i) If the creation of the new district is confirmed, the
160	160	new district shall provide the election date and results to the
161	161	commission.
162	162	(j) A new district created by the division of the district
163	163	must hold an election as required by this chapter to obtain voter
164	164	approval before the district may impose a maintenance tax or issue
165	165	bonds payable wholly or partly from ad valorem taxes.
166	166	(k) Municipal consent to the creation of the district and to
167	167	the inclusion of land in the district granted under Section
168	168	7943A.0104 acts as municipal consent to the creation of any new
169	169	district created by the division of the district and to the
170	170	inclusion of land in the new district.
171	171	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
172	172	Sec. 7943A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
173	173	The district may issue, without an election, bonds and other
174	174	obligations secured by:
175	175	(1) revenue other than ad valorem taxes; or
176	176	(2) contract payments described by Section
177	177	7943A.0403.
178	178	(b) The district must hold an election in the manner
179	179	provided by Chapters 49 and 54, Water Code, to obtain voter approval
180	180	before the district may impose an ad valorem tax or issue bonds
181	181	payable from ad valorem taxes.
182	182	(c) The district may not issue bonds payable from ad valorem
183	183	taxes to finance a road project unless the issuance is approved by a
184	184	vote of a two-thirds majority of the district voters voting at an
185	185	election held for that purpose.
186	186	Sec. 7943A.0402. OPERATION AND MAINTENANCE TAX. (a) If
187	187	authorized at an election held under Section 7943A.0401, the
188	188	district may impose an operation and maintenance tax on taxable
189	189	property in the district in accordance with Section 49.107, Water
190	190	Code.
191	191	(b) The board shall determine the tax rate. The rate may not
192	192	exceed the rate approved at the election.
193	193	Sec. 7943A.0403. CONTRACT TAXES. (a) In accordance with
194	194	Section 49.108, Water Code, the district may impose a tax other than
195	195	an operation and maintenance tax and use the revenue derived from
196	196	the tax to make payments under a contract after the provisions of
197	197	the contract have been approved by a majority of the district voters
198	198	voting at an election held for that purpose.
199	199	(b) A contract approved by the district voters may contain a
200	200	provision stating that the contract may be modified or amended by
201	201	the board without further voter approval.
202	202	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203	203	Sec. 7943A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
204	204	OBLIGATIONS. The district may issue bonds or other obligations
205	205	payable wholly or partly from ad valorem taxes, impact fees,
206	206	revenue, contract payments, grants, or other district money, or any
207	207	combination of those sources, to pay for any authorized district
208	208	purpose.
209	209	Sec. 7943A.0502. TAXES FOR BONDS. At the time the district
210	210	issues bonds payable wholly or partly from ad valorem taxes, the
211	211	board shall provide for the annual imposition of a continuing
212	212	direct ad valorem tax, without limit as to rate or amount, while all
213	213	or part of the bonds are outstanding as required and in the manner
214	214	provided by Sections 54.601 and 54.602, Water Code.
215	215	Sec. 7943A.0503. BONDS FOR ROAD PROJECTS. At the time of
216	216	issuance, the total principal amount of bonds or other obligations
217	217	issued or incurred to finance road projects and payable from ad
218	218	valorem taxes may not exceed one-fourth of the assessed value of the
219	219	real property in the district.
220	220	SECTION 2. The Fort Bend County Municipal Utility District
221	221	No. 250 initially includes all the territory contained in the
222	222	following area:
223	223	A METES & BOUNDS description of a 428.72 acre tract of land in
224	224	the B. B. B. & C. Railroad Company Survey Section 309, Abstract 126,
225	225	and the Gabriel Cole 3/4 League, Abstract 19, Fort Bend County,
226	226	Texas, being those portions of that certain called 614.964 acre
227	227	tract (Tract One) and called 4.00 acre tract (Tract Two) recorded
228	228	under County Clerk's File Number 2020160769, Official Public
229	229	Records, Fort Bend County, Texas, and that certain called 315.937
230	230	acre tract recorded under 2015047309, Official Public Records, Fort
231	231	Bend County, Texas, outside of the Extraterritorial Jurisdictional
232	232	limits of the City of Rosenberg, with all bearings based upon the
233	233	Texas Coordinate System of 1983, South Central Zone, based upon GPS
234	234	observations.
235	235	Beginning at a concrete monument found in the southeast
236	236	right-of-way line of U. S. Highway 59 (width varies) for the north
237	237	corner of said called 614.964 acre tract, same being the west corner
238	238	of an adjoining called 130.806 acre tract (First Tract) recorded in
239	239	Volume 382, Page 180, Deed Records, Fort Bend County, Texas, for the
240	240	north corner and Place of Beginning of the herein described tract,
241	241	said point being in the northeast line of said B. B. B. & C. Railroad
242	242	company Survey Section 309, Abstract 126, same being the southwest
243	243	line of the adjoining S. N. Cross Survey, Abstract 400;
244	244	Thence South 39 degrees 03 minutes 55 seconds East along the
245	245	northeast line of the herein described tract and said called
246	246	614.964 acre tract, same being the southwest line of said adjoining
247	247	called 130.806 acre tract, being the northeast line of said B. B. B. &
248	248	C. Railroad Company Survey Section 309, Abstract 126, same being
249	249	the southwest line of said adjoining S. N. Cross Survey, Abstract
250	250	400, 1,148.86 feet to a point on said line at its intersection with
251	251	the Extraterritorial Jurisdictional limits of the City of Rosenberg
252	252	based on a 2-mile arc from the west line of City of Rosenberg
253	253	Annexation Number 66, said point being in a non-tangent curve to the
254	254	left;
255	255	Thence with said non-tangent curve to the left, being the
256	256	Extraterritorial Jurisdictional limits of the City of Rosenberg,
257	257	having a central angle of 20 degrees 50 minutes 55 seconds, an arc
258	258	length of 3,842.56 feet, a radius of 10,560.00 feet, and a chord
259	259	bearing South 08 degrees 54 minutes 47 seconds West, 3,821.40 feet
260	260	to a point in the upper southwest line of said called 614.964 acre
261	261	tract and said B. B. B. & C. Railroad Company Survey Section 309,
262	262	Abstract 126, same being the northeast line of said Gabriel Cole 3/4
263	263	League, Abstract 19;
264	264	Thence North 39 degrees 01 minute 53 seconds West along an
265	265	interior line of the herein described tract, being the upper
266	266	southwest line of said called 614.964 acre tract and said B. B. B. &
267	267	C. Railroad Company Survey Section 309, Abstract 126, same being
268	268	the northeast line of said Gabriel Cole 3/4 League, Abstract 19,
269	269	2,484.19 feet to the upper southeast corner of the aforementioned
270	270	called 315.937 acre tract for a reentry corner to the herein
271	271	described tract;
272	272	Thence South 71 degrees 57 minutes 09 seconds West along an
273	273	interior line of the herein described tract and said called 315.937
274	274	acre tract, and along the northwest line of an adjoining called
275	275	25.00 acre tract recorded under County Clerk's File Number
276	276	2001085827, Official Public Records, Fort Bend County, Texas, and
277	277	described in Volume 638, Page 367, Deed Records, Fort Bend County,
278	278	Texas, 1,494.57 feet to the west corner of said adjoining called
279	279	25.00 acre tract, being a reentry corner of said called 315.937 acre
280	280	tract and a reentry corner to the herein described tract;
281	281	Thence South 67 degrees 13 minutes 47 seconds East along the
282	282	southerly line of said adjoining called 25.00 acre tract, 2,718.67
283	283	feet to the southeast corner of said adjoining called 25.00 acre
284	284	tract;
285	285	Thence South 41 degrees 16 minutes 22 seconds East along an
286	286	interior line of the herein described tract, being the
287	287	northeasterly line of said called 315.937 acre tract, 732.40 feet
288	288	to a point on said line at its intersection with the above-described
289	289	Extraterritorial Jurisdictional limits of the City of Rosenberg;
290	290	Thence with said non-tangent curve to the left, being the
291	291	Extraterritorial Jurisdictional limits of the City of Rosenberg,
292	292	having a central angle of 11 degrees 03 minutes 22 seconds, an arc
293	293	length of 2,037.72 feet, a radius of 10,560.00 feet, and a chord
294	294	bearing South 07 degrees 46 minutes 39 seconds East, 2,034.56 feet
295	295	to a point in the southwest line of said called 315.937 acre tract,
296	296	same being the northeast line of an adjoining called 189.1838 acre
297	297	tract recorded under County Clerk's File Number 2014097231,
298	298	Official Public Records, Fort Bend County, Texas, for the south
299	299	corner of the herein described tract;
300	300	Thence North 67 degrees 34 minutes 04 seconds West along the
301	301	southwest line of the herein described tract and said called
302	302	315.937 acre tract, same being the northeast line of said adjoining
303	303	called 189.183 acre tract, 1,285.70 feet to the north corner of said
304	304	adjoining called 189.183 acre tract, same being the east corner of
305	305	an adjoining called 133.7601 acre tract recorded in Volume 2180,
306	306	Page 1885, Official Records, Fort Bend County, Texas;
307	307	Thence North 67 degrees 21 minutes 28 seconds West along the
308	308	southwest line of the herein described tract and said called
309	309	315.937 acre tract, same being a northeast line of said adjoining
310	310	called 133.7601 acre tract, 912.38 feet to the lower north corner of
311	311	said adjoining called 133.7601 acre tract for corner, said point
312	312	being in the southeast line of an adjoining called 8.6 acre tract
313	313	recorded in Volume 963, Page 371, Deed Records, Fort Bend County,
314	314	Texas;
315	315	Thence North 57 degrees 49 minutes 44 seconds East along the
316	316	common line of the herein described tract and said adjoining called
317	317	8.6 acre tract, 121.36 feet to the east corner of said adjoining
318	318	called 8.6 acre tract for a reentry corner to the herein described
319	319	tract;
320	320	Thence North 67 degrees 39 minutes 16 seconds West continuing
321	321	along said common line, and along the northeast line of an adjoining
322	322	called 11.05 acre tract recorded in Volume 81, Page 265, Deed
323	323	Records, Fort Bend County, Texas, 1,458.82 feet to the north corner
324	324	of said adjoining called 11.05 acre tract, same being the lower east
325	325	corner of an adjoining called 177.581 acre tract recorded under
326	326	County Clerk's File Number 2016022967, Official Public Records,
327	327	Fort Bend County, Texas;
328	328	Thence North 68 degrees 05 minutes 20 seconds West along the
329	329	common line of the herein described tract and said adjoining called
330	330	177.581 acre tract, 2,064.49 feet to a point in the centerline of
331	331	Turkey Creek;
332	332	Thence continuing along said common line, being the
333	333	centerline of Turkey Creek, with the following meanders:
334	334	North 65 degrees 07 minutes 28 seconds West, 96.85 feet;
335	335	North 74 degrees 24 minutes 56 seconds West, 132.63
336	336	feet;
337	337	South 60 degrees 58 minutes 04 seconds West, 22.62 feet;
338	338	North 82 degrees 08 minutes 09 seconds West, 34.34 feet;
339	339	North 60 degrees 55 minutes 28 seconds West, 74.41 feet;
340	340	North 32 degrees 56 minutes 51 seconds West, 57.73 feet;
341	341	North 49 degrees 02 minutes 35 seconds West, 56.30 feet;
342	342	North 50 degrees 06 minutes 14 seconds West, 38.15 feet;
343	343	North 26 degrees 39 minutes 23 seconds West, 55.25 feet;
344	344	North 19 degrees 50 minutes 01 second East, 25.51 feet;
345	345	North 51 degrees 51 minutes 14 seconds East, 44.50 feet;
346	346	North 42 degrees 17 minutes 14 seconds East, 63.75 feet;
347	347	North 85 degrees 38 minutes 12 seconds East, 96.38 feet;
348	348	North 01 degree 45 minutes 24 seconds West, 27.11 feet;
349	349	North 43 degrees 44 minutes 40 seconds West, 84.31 feet;
350	350	North 45 degrees 44 minutes 36 seconds West, 53.16 feet;
351	351	South 88 degrees 33 minutes 49 seconds West, 27.33 feet;
352	352	South 61 degrees 21 minutes 16 seconds West, 46.71 feet;
353	353	North 71 degrees 54 minutes 51 seconds West, 30.41 feet;
354	354	North 33 degrees 27 minutes 49 seconds West, 51.91 feet;
355	355	North 13 degrees 54 minutes 32 seconds East, 51.27 feet;
356	356	North 31 degrees 15 minutes 08 seconds East, 103.53 feet
357	357	to a point for corner, said point being the west corner of an
358	358	adjoining called 8.6215 acre tract in deed to the State of Texas,
359	359	and described under County Clerk's File Number 2016123444, Official
360	360	Public Records, Fort Bend County, Texas;
361	361	Thence South 42 degrees 35 minutes 10 seconds East along the
362	362	common line of the herein described tract and said adjoining called
363	363	8.6215 acre tract, 798.02 feet to a point for corner;
364	364	Thence North 47 degrees 22 minutes 21 seconds East continuing
365	365	along said common line, 120.63 feet to a point for corner;
366	366	Thence North 42 degrees 23 minutes 23 seconds West continuing
367	367	along said common line, 19.45 feet to a point for corner;
368	368	Thence North 49 degrees 23 minutes 31 seconds East continuing
369	369	along said common line, 70.26 feet to a point for corner, said point
370	370	being in a non-tangent curve to the left;
371	371	Thence with said non-tangent curve to the left, continuing
372	372	along said common line, having a central angle of 85 degrees 32
373	373	minutes 06 seconds, an arc length of 528.48 feet, a radius of 354.00
374	374	feet, and a chord bearing North 06 degrees 39 minutes 42 seconds
375	375	East, 480.75 feet to the end of said curve;
376	376	Thence North 36 degrees 05 minutes 40 seconds West continuing
377	377	along said common line, 348.39 feet to a point for corner, said
378	378	point being in the southeast line of an adjoining called 3.307 acre
379	379	tract (Parcel 98-E) in deed to the State of Texas in Volume 486,
380	380	Page 735, Deed Records, Fort Bend County, Texas;
381	381	Thence North 53 degrees 54 minutes 57 seconds East along the
382	382	southeast line of said adjoining called 3.307 acre tract, 748.91
383	383	feet to the east corner of said adjoining called 3.307 acre tract
384	384	for a reentry corner to the herein described tract;
385	385	Thence North 36 degrees 16 minutes 59 seconds West along the
386	386	northeast line of said adjoining called 3.307 acre tract, 150.00
387	387	feet to the north corner of said adjoining called 3.307 acre tract,
388	388	said point being in the southeast right-of-way line of U. S. Highway
389	389	59;
390	390	Thence North 53 degrees 54 minutes 14 seconds East along the
391	391	southeast right-of-way line of U.S. Highway 59, 2,333.11 feet to
392	392	the north corner of said called 315.937 acre tract, same being the
393	393	west corner of said called 614.964 acre tract;
394	394	Thence North 53 degrees 55 minutes 05 seconds East continuing
395	395	along the southeast right-of- way line of U. S. Highway 59, 2,841.22
396	396	feet to the Place of Beginning and containing 428.72 acres of land,
397	397	more or less.
398	398	SECTION 3. (a) The legal notice of the intention to
399	399	introduce this Act, setting forth the general substance of this
400	400	Act, has been published as provided by law, and the notice and a
401	401	copy of this Act have been furnished to all persons, agencies,
402	402	officials, or entities to which they are required to be furnished
403	403	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
404	404	Government Code.
405	405	(b) The governor, one of the required recipients, has
406	406	submitted the notice and Act to the Texas Commission on
407	407	Environmental Quality.
408	408	(c) The Texas Commission on Environmental Quality has filed
409	409	its recommendations relating to this Act with the governor, the
410	410	lieutenant governor, and the speaker of the house of
411	411	representatives within the required time.
412	412	(d) All requirements of the constitution and laws of this
413	413	state and the rules and procedures of the legislature with respect
414	414	to the notice, introduction, and passage of this Act are fulfilled
415	415	and accomplished.
416	416	SECTION 4. (a) If this Act does not receive a two-thirds
417	417	vote of all the members elected to each house, Subchapter C, Chapter
418	418	7943A, Special District Local Laws Code, as added by Section 1 of
419	419	this Act, is amended by adding Section 7943A.0307 to read as
420	420	follows:
421	421	Sec. 7943A.0307. NO EMINENT DOMAIN POWER. The district may
422	422	not exercise the power of eminent domain.
423	423	(b) This section is not intended to be an expression of a
424	424	legislative interpretation of the requirements of Section 17(c),
425	425	Article I, Texas Constitution.
426	426	SECTION 5. This Act takes effect immediately if it receives
427	427	a vote of two-thirds of all the members elected to each house, as
428	428	provided by Section 39, Article III, Texas Constitution. If this
429	429	Act does not receive the vote necessary for immediate effect, this
430	430	Act takes effect September 1, 2021.