Texas 2023 - 88th Regular

Texas House Bill HB4307 Compare Versions

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1	1	88R7967 ANG-F
2	2	By: Gerdes H.B. No. 4307
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Maxwell Municipal Utility District
8	8	No. 1; granting a limited power of eminent domain; providing
9	9	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 7961 to read as follows:
14	14	CHAPTER 7961. MAXWELL MUNICIPAL UTILITY DISTRICT NO. 1
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7961.0101. 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 Maxwell Municipal Utility
22	22	District No. 1.
23	23	Sec. 7961.0102. 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. 7961.0103. 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. 7961.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7961.0103 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. 7961.0105. 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. 7961.0106. 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. 7961.0201. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7961.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7961.0202. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act enacting this chapter, the owner or owners
65	65	of a majority of the assessed value of the real property in the
66	66	district may submit a petition to the commission requesting that
67	67	the commission appoint as temporary directors the five persons
68	68	named in the petition. The commission shall appoint as temporary
69	69	directors the five persons named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7961.0103; 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 7961.0103 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 7961.0103; 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. 7961.0301. 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. 7961.0302. 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. 7961.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 7961.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 7961.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	120	ORDINANCE OR RESOLUTION. The district shall comply with all
121	121	applicable requirements of any ordinance or resolution that is
122	122	adopted under Section 54.016 or 54.0165, Water Code, and that
123	123	consents to the creation of the district or to the inclusion of land
124	124	in the district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 7961.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	127	The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 7961.0403.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 7961.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 7961.0401, the
141	141	district may impose an operation and maintenance tax on taxable
142	142	property in the district in accordance with Section 49.107, Water
143	143	Code.
144	144	(b) The board shall determine the tax rate. The rate may not
145	145	exceed the rate approved at the election.
146	146	Sec. 7961.0403. CONTRACT TAXES. (a) In accordance with
147	147	Section 49.108, Water Code, the district may impose a tax other than
148	148	an operation and maintenance tax and use the revenue derived from
149	149	the tax to make payments under a contract after the provisions of
150	150	the contract have been approved by a majority of the district voters
151	151	voting at an election held for that purpose.
152	152	(b) A contract approved by the district voters may contain a
153	153	provision stating that the contract may be modified or amended by
154	154	the board without further voter approval.
155	155	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	156	Sec. 7961.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	157	OBLIGATIONS. The district may issue bonds or other obligations
158	158	payable wholly or partly from ad valorem taxes, impact fees,
159	159	revenue, contract payments, grants, or other district money, or any
160	160	combination of those sources, to pay for any authorized district
161	161	purpose.
162	162	Sec. 7961.0502. TAXES FOR BONDS. At the time the district
163	163	issues bonds payable wholly or partly from ad valorem taxes, the
164	164	board shall provide for the annual imposition of a continuing
165	165	direct ad valorem tax, without limit as to rate or amount, while all
166	166	or part of the bonds are outstanding as required and in the manner
167	167	provided by Sections 54.601 and 54.602, Water Code.
168	168	Sec. 7961.0503. BONDS FOR ROAD PROJECTS. At the time of
169	169	issuance, the total principal amount of bonds or other obligations
170	170	issued or incurred to finance road projects and payable from ad
171	171	valorem taxes may not exceed one-fourth of the assessed value of the
172	172	real property in the district.
173	173	SECTION 2. The Maxwell Municipal Utility District No. 1
174	174	initially includes all the territory contained in the following
175	175	area:
176	176	BEING A 1,044.73 ACRE TRACT IN OF THE C. WESTERFELD SURVEY, ABSTRACT
177	177	NUMBER 324, THE J.H. FOLLEY SURVEY, ABSTRACT NUMBER 107, THE H.
178	178	MCNEIL SURVEY, ABSTRACT NUMBER 199, AND THE W. BARBER SURVEY
179	179	ABSTRACT NUMBER 48, CALDWELL COUNTY, TEXAS, SAID 1,044.73 ACRE
180	180	TRACT BEING ALL OF A CALLED 1.9077 ACRE TRACT (KNOWN AS TRACT 3), A
181	181	CALLED 141.205 ACRE TRACT (KNOWN AS TRACT 1) AND A 600.607 ACRE
182	182	TRACT (KNOWN AS TRACT 2), DESCRIBED IN A DEED TO TACK REDWOOD
183	183	PARTNERS, AS RECORDED IN DOCUMENT NUMBER 2021009027 OF THE OFFICIAL
184	184	PUBLIC RECORDS OF CALDWELL COUNTY, TEXAS [O.P.R.C.C.T.], ALSO BEING
185	185	ALL OF A CALLED 149.979 ACRE TRACT DESCRIBED IN A DEED TO DORIS
186	186	STEUBING RECORDED IN DOCUMENT NUMBER 2019005265 [O.P.R.C.C.T.],
187	187	AND ALL OF A CALLED 150.00 ACRE TRACT DESCRIBED IN A DEED TO KYRAN W.
188	188	FEY JR., AND WIFE JUDY A. FEY RECORDED IN VOLUME 206, PAGE 627
189	189	[O.P.R.C.C.T.[, SAID 1,004.73 ACRE TRACT BEING MORE PARTICULARLY
190	190	DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
191	191	BEGINNING at a 1/2-inch iron rod found on the south right-of-way
192	192	line of Highway 142 (deed of record not found) at the northeast
193	193	corner of a called 25.977-acre tract described in a deed to Lawrence
194	194	V. Bumb recorded in Volume 320, Page 296, Deed Records of Caldwell
195	195	County, Texas [D.R.C.C.T.], and for the northwest corner of the
196	196	said 1.9077-acre tract, same being for the POINT OF BEGINNING of the
197	197	tract described herein;
198	198	THENCE with the south right-of-way line of the said Highway 142, and
199	199	the north line of the said 1.9077-acre tract and the northwest line
200	200	of the said 141.205-acre tract, the following three (3) courses and
201	201	distances:
202	202	1) N87°16'44"E, a distance of 785.16 feet to a concrete
203	203	highway monument found for the most easterly corner of the said
204	204	1.9077-acre tract,
205	205	2) N87° 18'58"E, a distance of 1585.93 feet to a concrete
206	206	highway monument found for an angle corner of the tract described
207	207	herein, and
208	208	3) N87°20'00 'E, a distance of 73.38 feet to a fence post
209	209	found for the most northwesterly corner of a called 86.278-acre
210	210	tract conveyed to Straight Down LLC (deed of record not found, tax
211	211	Parcel ID number 113768), same being for the most northerly corner
212	212	of the said 141.205-acre tract and the tract described herein;
213	213	THENCE with the northeast line of the said 141.205-acre tract and
214	214	the southwest line of the said 86.278-acre tract the following
215	215	three (3) courses and distances:
216	216	1) S40°44'58 'E, a distance of 896.28 feet to a 5/8-inch iron
217	217	rod found for an angle corner,
218	218	2) S48°48'24 'W, a distance of 468.42 feet to a 5/8-inch iron
219	219	rod found for an angle corner, and
220	220	3) S40°26'28"E, a distance of 2,795.99 feet to a 1/2-inch
221	221	iron rod with cap stamped "Chap" found for the most southeasterly
222	222	corner of the said 86.278-acre tract, and on a northwest line of the
223	223	said 600.507-acre tract and an angle corner of the tract described
224	224	herein;
225	225	THENCE N58°02'10"E, with the line common to the said 600.507-acre
226	226	tract and the said 86.278-acre tract, a distance of 1,189.91 feet to
227	227	a 4-inch iron pipe found on the southeast line of a called 2.78-acre
228	228	tract conveyed to Frazier Land & Cattle Co. LLC., (deed of record
229	229	not found, Tax Parcel ID 40622), for the southwest corner of a
230	230	called 5.96-acre tract conveyed to Frazier Land & Cattle (deed of
231	231	record not found, Tax Parcel ID 40623) and for a north corner of the
232	232	said 600.507-acre tract and the tract described herein;
233	233	THENCE S33°23'09"E with the line common to the said 600.507-acre
234	234	tract the said 5.96-acre tract, a called 7.07-acre tract described
235	235	in a deed to Richard W. Castillion recorded in Document Number
236	236	2016-001683 [O.P.R.C.C.T.], a called 5.59-acre tract described in a
237	237	deed to Clyde S. Arms & Tina M. McFerrin recorded in Volume 370,
238	238	Page 843 [D.R.C.C.T.], a called 8.5-acre tract conveyed to Sabine
239	239	Hinkle (deed of record not found, Tax Parcel ID 40627), and a called
240	240	340.368-acre tract described in a deed to LLTXLP LLC., recorded in
241	241	Document Number 2021-005216 [O.P.R.C.C.T.] a distance of 4,230.64
242	242	feet to a 4-inch metal Fence Post found on the west line of the said
243	243	149.979-acre tract, and for the southeast corner of the said
244	244	340.368-acre tract and for an angle corner of the tract described
245	245	herein;
246	246	THENCE N48°18'30"E, with the east line of the said 340.368-acre
247	247	tract and the west line of the said 149.979-acre tract, a distance
248	248	of 978.30 feet to a 1/2-inch iron rod with cap stamped "Hinkle"
249	249	found on the south right-of-way line of Tower Road (deed of record
250	250	not found), at the northwest corner of the said 149.979-acre tract
251	251	and for an angle corner of the tract described herein;
252	252	THENCE S28°41'54"E, with the south right-of-way line of the said
253	253	Tower Road and the north line of the said 149.979-acre tract, a
254	254	distance of 1,548.68 feet to a 1/2-inch iron rod with cap stamped
255	255	"Hinkle" found for the most northwesterly corner of a called
256	256	11.413-acre tract described in a deed to Stacey M. Sjogren recorded
257	257	in Document Number 2021-000069 [O.P.R.C.C.T.];
258	258	THENCE with the east line of the said 149.979-acre tract and the
259	259	west line of the said 11.413-acre tract and the west line of a
260	260	called 11-acre tract described to Hernandez recorded in Document
261	261	Number 2019-003033 [O.P.R.C.C.T.], the following 3 courses and
262	262	distances:
263	263	1) S54°09'43"W, a distance of 2,428.50 feet to a 1/2-inch
264	264	iron rod with cap stamped "Hinkle" found for an angle point of the
265	265	said 11-acre tract, the said 149.979-acre tract and the tract
266	266	described herein,
267	267	2) S40°18'17"W, a distance of 145.04 feet to a 1/2-inch iron
268	268	rod with cap stamped "Hinkle" found for the most southwesterly
269	269	corner of the said 11-acre tract, for an angle point of the said
270	270	149.979-acre tract and the tract described herein, and
271	271	3) S49°47'47"E, a distance of 201.60 feet to a Fence Post
272	272	found for a northwesterly corner of the said 150.00-acre tract,
273	273	same being a southeasterly corner of the said 11-acre tract and an
274	274	angle corner of the said 149.979-acre tract and the tract described
275	275	herein;
276	276	THENCE N78°32'26"E, with the north line of the said 150.00-acre
277	277	tract and the southeast line of the said 11-acre tract, a distance
278	278	of 393.17 feet to a 1/2-inch iron rod found on the southeast line of
279	279	the said 11-acre tract, for the most westerly corner of a called
280	280	26.166-acre tract described in a deed to Veterans Land Board
281	281	recorded in Document Number 370-114820 [O.P.R.C.C.T.], and for an
282	282	angle corner of the said 150.00-acre tract and the tract described
283	283	herein;
284	284	THENCE S41°30'17"E, with the north line of the said 150.00-acre
285	285	tract, the south line of the said 26.166-acre tract, and the south
286	286	line of a called 5.00-acre tract described in a deed to Stairtown
287	287	LTD., recorded in Volume 217, Page 713 [O.P.R.C.C.T.], a distance
288	288	of 2,387.02 feet passing a 1/2-inch iron rod found at the southeast
289	289	corner of the said 25.166-acre tract, same being at the southwest
290	290	corner of the said 5.00-acre tract, and continuing a total distance
291	291	of 3,234.01 feet to a fence post found on the west right-of-way line
292	292	of Dickerson Road (deed of record not found), at the southeast
293	293	corner of the said 5.00-acre tract, at the east corner of the said
294	294	150.00-acre tract and the tract described herein;
295	295	THENCE with the east line of the said 150.00-acre tract and the west
296	296	right-of-way line of the said Dickerson Road, the following three
297	297	(3) courses and distances:
298	298	1) S48°36'10"W, a distance of 50.41 feet passing a 1/2-inch
299	299	iron rod found, and continuing a total distance of 799.53 feet to an
300	300	8-inch wood Fence Post found for an angle corner,
301	301	2) S48°34'49"W, a distance of 515.97 feet to an 8-inch wood
302	302	Fence Post found for an angle corner, and
303	303	3) S47°56'04"W, a distance of 545.47 feet to a 2-inch metal
304	304	Fence Post found at the lower northeast corner of a called
305	305	150.00-acre tract described in a deed to Robert D. Norris recorded
306	306	in Volume 392, Page 217 [O.P.R.C.C.T.], for the southeast corner of
307	307	the said 150.00-acre tract (Fey Tract), and the tract described
308	308	herein;
309	309	THENCE N41°29'29"W, with the south line of the said 150.00-acre
310	310	tract (Fey Tract) and the north line of the said 150.00-acre tract
311	311	(Norris Tract), a distance of 3,647.86 feet to a Fence Post found
312	312	for the southwest corner of the said 150.00-acre tract (Fey Tract),
313	313	same being on the east line of the said 149.979-acre tract and for
314	314	an angle corner of the said 150.00-acre tract (Norris Tract) and the
315	315	tract described herein;
316	316	THENCE with the lines common to the said 149.979-acre tract and the
317	317	said 150.00-acre tract (Norris Tract), the following two (2)
318	318	courses and distances:
319	319	1) S51°24'05"W, a distance of 601.81 feet to a 1/2-inch iron
320	320	rod with cap stamped "Hinkle" found for the southeast corner of the
321	321	said 149.979-acre tract, same being an angle corner of the said
322	322	150.00-acre tract (Norris Tract) and the tract described herein,
323	323	and
324	324	2) N38°40'27"W, a distance of 1254.84 feet to a 1/2-inch iron
325	325	rod with cap stamped "Hinkle" found on the east line of a called
326	326	150.4-acre tract conveyed to Capital Land Investments I LP (deed of
327	327	record not found, Tax Parcel ID 103433), for the most westerly
328	328	northwest corner of the said 150.00-acre tract (Norris Tract), at
329	329	the southwest corner of the said 149.979-acre tract, and for an
330	330	angle corner of the tract described herein;
331	331	THENCE N48°29'20"E, with the line common to the said 149.979-acre
332	332	tract and the said 150.4-acre tract, a distance of 342.25 feet to a
333	333	1/2-inch iron rod with cap stamped "Hinkle" found for the northeast
334	334	corner of the said 150.4-acre tract, for the southeast corner of the
335	335	said 600.507-acre tract, and for an angle corner of the tract
336	336	described herein;
337	337	THENCE N41°43'31"W, with the south line of the said 600.507-acre
338	338	tract, the north line of the said 150.4-acre tract, and the north
339	339	line of a called 251.37-acre tract described in a deed to Capital
340	340	Land Investments I LP., recorded in Document Number 2020-003860
341	341	[O.P.R.C.C.T.], a distance of 9,229.35 feet to a 1/2-inch iron rod
342	342	with cap stamped "Chap" found on the east right-of-way line of
343	343	Railroad Street, for the most northerly corner of the said
344	344	251.37-are tract, same being the most westerly corner of the said
345	345	600.507-acre tract and the tract described herein;
346	346	THENCE with the east right-of-way line of the said Railroad Street
347	347	and the west line of the said 600.507-acre tract the following two
348	348	(2) courses and distances:
349	349	1) N47°56'05"E, a distance of 346.41 feet to a fence post
350	350	found for an angle corner, and
351	351	2) N37°04'12"W, a distance of 12.70 feet to a fence post
352	352	found for the south corner of the said 25.977-acre tract, same being
353	353	an angle corner of the said 600.507-acre tract and the tract
354	354	described herein;
355	355	THENCE with the east line of the said 25.977-acre tract and the west
356	356	line of the said 600.507-acre tract the following five (5) courses
357	357	and distances:
358	358	1) N48°29'32"E, a distance of 638.15 feet to an 8-inch wood
359	359	Fence Post found for an angle corner,
360	360	2) N60°57'02"E, a distance of 77.24 feet an 8-inch wood Fence
361	361	Post found for an angle corner,
362	362	3) N45°38'08"E, a distance of 812.56 feet to a 4-inch metal
363	363	pipe found for the most easterly corner of the said 25.977-acre
364	364	tract,
365	365	4) S58°09'22"W, a distance of 176.54 feet to a 1/2-inch iron
366	366	rod found for an angle corner,
367	367	5) N41°17'54"W, a distance of 297.33 feet to the POINT OF
368	368	BEGINNING and containing 1,044.73-acres, more or less.
369	369	Basis of bearings is the Texas Coordinate System, South Central
370	370	Zone [4204], NAD83 (2011), Epoch 2010. All distances are surface
371	371	values and may be converted to grid by using the surface adjustment
372	372	factor of 1.00012 using CP1 as point of origin.
373	373	Units: U.S. Survey Feet.
374	374	SECTION 3. (a) The legal notice of the intention to
375	375	introduce this Act, setting forth the general substance of this
376	376	Act, has been published as provided by law, and the notice and a
377	377	copy of this Act have been furnished to all persons, agencies,
378	378	officials, or entities to which they are required to be furnished
379	379	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
380	380	Government Code.
381	381	(b) The governor, one of the required recipients, has
382	382	submitted the notice and Act to the Texas Commission on
383	383	Environmental Quality.
384	384	(c) The Texas Commission on Environmental Quality has filed
385	385	its recommendations relating to this Act with the governor, the
386	386	lieutenant governor, and the speaker of the house of
387	387	representatives within the required time.
388	388	(d) All requirements of the constitution and laws of this
389	389	state and the rules and procedures of the legislature with respect
390	390	to the notice, introduction, and passage of this Act are fulfilled
391	391	and accomplished.
392	392	SECTION 4. (a) If this Act does not receive a two-thirds
393	393	vote of all the members elected to each house, Subchapter C, Chapter
394	394	7961, Special District Local Laws Code, as added by Section 1 of
395	395	this Act, is amended by adding Section 7961.0306 to read as follows:
396	396	Sec. 7961.0306. NO EMINENT DOMAIN POWER. The district may
397	397	not exercise the power of eminent domain.
398	398	(b) This section is not intended to be an expression of a
399	399	legislative interpretation of the requirements of Section 17(c),
400	400	Article I, Texas Constitution.
401	401	SECTION 5. This Act takes effect immediately if it receives
402	402	a vote of two-thirds of all the members elected to each house, as
403	403	provided by Section 39, Article III, Texas Constitution. If this
404	404	Act does not receive the vote necessary for immediate effect, this
405	405	Act takes effect September 1, 2023.