Texas 2023 - 88th Regular

Texas House Bill HB5360 Compare Versions

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1	1	H.B. No. 5360
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Deer Creek Ranch Municipal Utility
6	6	District No. 1; granting a limited power of eminent domain;
7	7	providing authority to issue bonds; providing authority to impose
8	8	assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 7960 to read as follows:
12	12	CHAPTER 7960. DEER CREEK RANCH MUNICIPAL UTILITY DISTRICT NO. 1
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 7960.0101. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means the Deer Creek Ranch Municipal
20	20	Utility District No. 1.
21	21	Sec. 7960.0102. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 7960.0103. CONFIRMATION AND DIRECTOR ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 7960.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section
30	30	7960.0103 until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district as required by
34	34	applicable law.
35	35	Sec. 7960.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	36	(a) The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 7960.0106. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 7960.0201. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 7960.0202, directors
61	61	serve staggered four-year terms.
62	62	Sec. 7960.0202. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act enacting this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the commission requesting that
66	66	the commission appoint as temporary directors the five persons
67	67	named in the petition. The commission shall appoint as temporary
68	68	directors the five persons named in the petition.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 7960.0103; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 7960.0103 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 7960.0103; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 7960.0301. GENERAL POWERS AND DUTIES. The district
92	92	has the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 7960.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 7960.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 7960.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	106	road project must meet all applicable construction standards,
107	107	zoning and subdivision requirements, and regulations of each
108	108	municipality in whose corporate limits or extraterritorial
109	109	jurisdiction the road project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 7960.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	119	ORDINANCE OR RESOLUTION. The district shall comply with all
120	120	applicable requirements of any ordinance or resolution that is
121	121	adopted under Section 54.016 or 54.0165, Water Code, and that
122	122	consents to the creation of the district or to the inclusion of land
123	123	in the district.
124	124	Sec. 7960.0306. DIVISION OF DISTRICT. (a) The board, on
125	125	its own motion or on receipt of a petition signed by the owner or
126	126	owners of a majority of the assessed value of the real property in
127	127	the district, may adopt an order dividing the district.
128	128	(b) An order dividing a district may create one or more new
129	129	districts and may provide for the continuation of the district.
130	130	(c) An order dividing the district shall:
131	131	(1) name any new district;
132	132	(2) include the metes and bounds description of the
133	133	territory of each of the districts;
134	134	(3) appoint temporary directors for any new district;
135	135	and
136	136	(4) provide for the division of assets and liabilities
137	137	between the districts.
138	138	(d) The board may adopt an order dividing the district
139	139	before or after the date the board holds an election to confirm the
140	140	district's creation.
141	141	(e) The district may be divided only if the district:
142	142	(1) has never issued any bonds; and
143	143	(2) is not imposing ad valorem taxes.
144	144	(f) A new district created by the division of the district
145	145	may not, at the time the new district is created, contain any land
146	146	outside the area described by Section 2 of the Act enacting this
147	147	chapter.
148	148	(g) On or before the 30th day after the date of adoption of
149	149	an order dividing the district, the district shall file the order
150	150	with the commission and record the order in the real property
151	151	records of each county in which the district is located.
152	152	(h) This chapter applies to any new district created by the
153	153	division of the district, and a new district has all the powers and
154	154	duties of the district.
155	155	(i) A new district created by the division of the district
156	156	shall hold a confirmation and directors' election.
157	157	(j) If the creation of the new district is confirmed, the
158	158	new district shall provide the election date and results to the
159	159	commission.
160	160	(k) A new district created by the division of the district
161	161	must hold an election as required by this chapter to obtain voter
162	162	approval before the district may impose a maintenance tax or issue
163	163	bonds payable wholly or partly from ad valorem taxes.
164	164	(l) The district may continue to rely on confirmation,
165	165	directors', bond, or tax elections held prior to the division.
166	166	(m) Municipal consent to the creation of the district and to
167	167	the inclusion of land in the district acts as municipal consent to
168	168	the creation of any new district created by the division of the
169	169	district and to the inclusion of land in the new district.
170	170	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
171	171	Sec. 7960.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
172	172	The district may issue, without an election, bonds and other
173	173	obligations secured by:
174	174	(1) revenue other than ad valorem taxes; or
175	175	(2) contract payments described by Section 7960.0403.
176	176	(b) The district must hold an election in the manner
177	177	provided by Chapters 49 and 54, Water Code, to obtain voter approval
178	178	before the district may impose an ad valorem tax or issue bonds
179	179	payable from ad valorem taxes.
180	180	(c) The district may not issue bonds payable from ad valorem
181	181	taxes to finance a road project unless the issuance is approved by a
182	182	vote of a two-thirds majority of the district voters voting at an
183	183	election held for that purpose.
184	184	Sec. 7960.0402. OPERATION AND MAINTENANCE TAX. (a) If
185	185	authorized at an election held under Section 7960.0401, the
186	186	district may impose an operation and maintenance tax on taxable
187	187	property in the district in accordance with Section 49.107, Water
188	188	Code.
189	189	(b) The board shall determine the tax rate. The rate may not
190	190	exceed the rate approved at the election.
191	191	Sec. 7960.0403. CONTRACT TAXES. (a) In accordance with
192	192	Section 49.108, Water Code, the district may impose a tax other than
193	193	an operation and maintenance tax and use the revenue derived from
194	194	the tax to make payments under a contract after the provisions of
195	195	the contract have been approved by a majority of the district voters
196	196	voting at an election held for that purpose.
197	197	(b) A contract approved by the district voters may contain a
198	198	provision stating that the contract may be modified or amended by
199	199	the board without further voter approval.
200	200	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
201	201	Sec. 7960.0501. AUTHORITY TO ISSUE BONDS AND OTHER
202	202	OBLIGATIONS. The district may issue bonds or other obligations
203	203	payable wholly or partly from ad valorem taxes, impact fees,
204	204	revenue, contract payments, grants, or other district money, or any
205	205	combination of those sources, to pay for any authorized district
206	206	purpose.
207	207	Sec. 7960.0502. TAXES FOR BONDS. At the time the district
208	208	issues bonds payable wholly or partly from ad valorem taxes, the
209	209	board shall provide for the annual imposition of a continuing
210	210	direct ad valorem tax, without limit as to rate or amount, while all
211	211	or part of the bonds are outstanding as required and in the manner
212	212	provided by Sections 54.601 and 54.602, Water Code.
213	213	Sec. 7960.0503. BONDS FOR ROAD PROJECTS. At the time of
214	214	issuance, the total principal amount of bonds or other obligations
215	215	issued or incurred to finance road projects and payable from ad
216	216	valorem taxes may not exceed one-fourth of the assessed value of the
217	217	real property in the district.
218	218	SECTION 2. The Deer Creek Ranch Municipal Utility District
219	219	No. 1 initially includes all the territory contained in the
220	220	following area:
221	221	A 685.400 ACRE TRACT OF LAND SITUATED IN THE THOMAS POLK
222	222	SURVEY, ABSTRACT NO. 703, THE HENRY ASKEW SURVEY, ABSTRACT NO. 35,
223	223	ABSTRACT NO. 703, THE HENRY ASKEW SURVEY, ABSTRACT NO. 396, THE
224	224	SAMUEL W. DAVIS SURVEY, ABSTRACT NO. 1087 AND THE SAMUEL W. DAVIS
225	225	SURVEY, ABSTRACT NO. 165, LOCATED IN BELL COUNTY, TEXAS AND
226	226	McCLENNAN COUNTY, TEXAS AND BEING A PORTION OF A CALLED 730.417 ACRE
227	227	TRACT OF LAND CONVEYED TO VWB TRUST BY INSTRUMENTS RECORDED IN
228	228	DOCUMENT NO. 20160034747 OF THE OFFICIAL PPUBLIC RECORDS OF BELL
229	229	COUNTY, TEXAS AND IN DOCUMENT NO. 2016029961 OF THE OFFICIAL PUBLIC
230	230	RECORDS OF McCLENNAN COUNTY, TEXAS. SAID 685.400 ACRE TRACT BEING
231	231	MORE FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE NORTH
232	232	AMERICAN DATUM OF 1983 (NA 2011) EPOCH 2010.00, FROM THE TEXAS
233	233	COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE:
234	234	BEGINNING at a 1/2" iron rod found on a point being the
235	235	northeast corner of said 730.417-acre tract of land, for the
236	236	northeast corner and POINT OF BEGINNING hereof;
237	237	THENCE with the east boundary line of said 730.417-acre
238	238	tract, the following three (3) courses and distances:
239	239	1. S 29°39'16" E for a distance of 23.01 feet to an angle point
240	240	hereof,
241	241	2. S 29°37'25" E for a distance of 486.87 feet to an angle point
242	242	hereof, and
243	243	3. S 29°29'03" E for a distance of 493.85 feet to a point being the
244	244	northeast corner of a called 5.525-acre tract of land conveyed to
245	245	Larry Pietsch et ux, by instrument recorded in Document
246	246	No. 2010000488 of the Official Public Records of Falls County,
247	247	Texas, for an angle point hereof;
248	248	THENCE with the north boundary line of said 5.525-acre tract,
249	249	the following two (2) courses and distances:
250	250	1. S 57°58'39" W for a distance of 542.26 feet to an angle point
251	251	hereof, and
252	252	2. S 56°02'27" W for a distance of 58.49 feet to a point being the
253	253	northwest corner of said 5.525-acre tract, for an angle point
254	254	hereof;
255	255	THENCE with west boundary line of said 5.525-acre tract,
256	256	S 32°56'37" E for a distance of 396.46 feet to a point being the
257	257	northwest corner of a called 5.075-acre tract of land conveyed to
258	258	Larry Pietsch et ux, by instrument recorded in Document no.
259	259	2010000485 of the Official Public Records of Falls County, Texas,
260	260	same being the southwest corner of said 5.525-acre tract, for an
261	261	angle point hereof;
262	262	THENCE with the west boundary line of said 5.075-acre tract,
263	263	S 14°23'05" E for a distance of 363.73 feet to a point being the
264	264	southwest corner of said 5.075-acre tract for an angle point
265	265	hereof;
266	266	THENCE with the south boundary line of said 5.075-acre tract
267	267	N 59°41'47" E for a distance of 143.92 feet to a point in the
268	268	approximate west boundary line of Falls County, Texas, same being
269	269	the approximate east boundary line of Bell County, Texas, for an
270	270	angle point hereof;
271	271	THENCE departing the south boundary line of said 5.075-acre
272	272	tract with the approximate west boundary line of Falls County,
273	273	Texas, same being the approximate east boundary line of Bell
274	274	County, Texas and through the interior of said 730.417 acre tract,
275	275	S 32°52'48" E for a distance of 2076.93 feet to a point in the north
276	276	right-of-way line of County Road 498 (right-of-way width varies),
277	277	same being the southern boundary line of said 730.417-acre tract
278	278	for the southeast corner hereof;
279	279	THENCE with the north right-of-way line of County Road 498,
280	280	same being the southern boundary line of said 730.417-acre tract,
281	281	the following six (6) courses and distances:
282	282	1. S 59°45'11" W for a distance of 307.98 feet to a point
283	283	2. S 56°40'31" W for a distance of 452.77 feet to an angle point
284	284	hereof,
285	285	3. S 59°50'03" W for a distance of 818.71 feet to an angle point
286	286	hereof,
287	287	4. S 59°28'26" W for a distance of 725.73 feet to an angle point
288	288	hereof,
289	289	5. S 59°11'05" W for a distance of 653.72 feet to 1/2" iron rod
290	290	found on a point, for an angle point hereof, and
291	291	6. S 15°31'38" W for a distance of 522.86 feet to a 1/2" iron rod
292	292	found on a point being the northeasterly corner of a called 125-acre
293	293	tract of land conveyed to Jackie Elizabeth Bounds, et al by
294	294	instrument recorded on Document No. 2020014897 of the Official
295	295	Public Records of Bell County, Texas, same being a southeasterly
296	296	corner of said 730.417-acre tract, for a southeasterly corner
297	297	hereof;
298	298	THENCE with the northerly boundary line of said 125-acre
299	299	tract, same being the southerly boundary line of said 730.417-acre
300	300	tract, the following four (4) courses and distances:
301	301	1. N 68°17'07" W for a distance of 1982.29 feet to an angle point
302	302	hereof,
303	303	2. S 20°13'41" W for a distance of 1194.63 feet to a 1/2" iron rod
304	304	found on an angle point hereof,
305	305	3. N 70°00'40" W for a distance of 1040.46 feet to a 1/2" iron rod
306	306	found on an angle point hereof, and
307	307	4. S 20°16'01" W for a distance of 913.53 feet to a point in the
308	308	north boundary line of called 50.00-acre tract of land conveyed to
309	309	Howard Thomas Daye and Glenda Marie Daye, by instrument recorded in
310	310	Document No. 20085002539 of the Official Public Records of Bell
311	311	County, Texas, same being the southwesterly corner of said 125-acre
312	312	tract, for an angle point hereof;
313	313	THENCE with, in part, the northerly boundary lines of: said
314	314	50.002-acre tract, a called 9.68-acre tract conveyed to Arthur
315	315	Poston, by instrument recorded in Volume 5990, Page 314 of the
316	316	Probate Records of Bell County, Texas and a called 64-acre tract of
317	317	land conveyed to John D. Price and Vi Price, by instrument recorded
318	318	in Volume 3324, Page 204 of the Deed Records of Bell County, Texas,
319	319	respectively, same being the southerly boundary line of said
320	320	730.417-acre tract, N 69°43'06" W for a distance of 1577.88 feet to
321	321	a 1/2" iron rod found on a point in the southeasterly boundary line
322	322	of a called 89.5-acre tract of land conveyed to the H.B. Hillyard,
323	323	Jr. and Julia I. Hillyard Revocable Living Trust, by instrument
324	324	recorded in Volume 1845, Page 808 of the Deed Records of McClennan
325	325	County, Texas, for an angle point hereof;
326	326	THENCE with the southeasterly boundary line of said 89.5-acre
327	327	tract, same being the southerly boundary line of said 730.417-acre
328	328	tract, N 57°14'15" E for a distance of 1017.80 feet to a 1/2" iron
329	329	rod found on a point being the northeast corner of said 89.5-acre
330	330	tract, for an angle point hereof;
331	331	THENCE with the northerly boundary line of said 89.5-acre
332	332	tract, same being the southerly boundary line of said 730.417-acre
333	333	tract, N 73°22'08" W for a distance of 2682.51 feet to a to a 1/2"
334	334	iron rod found on a point in the easterly right-of-way of Neal Road
335	335	(right-of-way width varies), said point being the northwest corner
336	336	of said 89.5-acre tract, same being the southwesterly corner of
337	337	said 730.417-acre tract, for the southwesterly corner hereof;
338	338	THENCE with the easterly right-of-way line of said Neal Road,
339	339	same being the westerly boundary line of said 730.417-acre tract,
340	340	the following two (2) courses and distances:
341	341	N 16°44'59" E for a distance of 641.51 feet to an angle
342	342	point hereof, and
343	343	N 16°43'27" E for a distance of 1649.96 feet to a 1/2:"
344	344	iron rod found on a point in the southerly margin of Franklin
345	345	Road, said point being the northwest corner of said
346	346	730.417-acre tract, for the northwest corner hereof;
347	347	THENCE with the southerly margin of said Franklin Road, same
348	348	being the northwesterly boundary line of said 730.417-acre tract,
349	349	the following three (3) courses and distances:
350	350	1. N 88°45'56" E for a distance of 1956.89 feet to an angle point
351	351	hereof,
352	352	2. S 89°44'59" E for a distance of 1153.82 feet to a 1/2" iron rod
353	353	found on for an angle point hereof, and
354	354	3. N 59°40'59" E for a distance of 1208.65 feet to an angle point
355	355	hereof;
356	356	THENCE departing the southerly margin of Franklin Road,
357	357	through the interior of said 730.417-acre tract, S 61°17'12" E for a
358	358	distance of 29.19 feet to a point being the northwesterly corner of
359	359	a called 10.00-acre tract of land conveyed to Kimberly Worthington,
360	360	by instrument recorded in Document No. 2021020842 of the Official
361	361	Public Records of McClennan County, Texas, for an angle point
362	362	hereof;
363	363	THENCE with the westerly, southerly and easterly boundary
364	364	lines, respectively, of said 10.00-acre tract the following twelve
365	365	(12) courses and distances:
366	366	1. S 61°17'12" E for a distance of 324.55 feet to an angle point
367	367	hereof,
368	368	2. N 06°20'39" E for a distance of 80.42 feet to an angle point
369	369	hereof,
370	370	3. N 57°20'12" E for a distance of 81.81 feet to an angle point
371	371	hereof,
372	372	4. S 23°32'20" E for a distance of 67.80 feet to an angle point
373	373	hereof,
374	374	5. S 08°42'13" E for a distance of 181.25 feet to an angle point
375	375	hereof,
376	376	6. N 39°25'15" E for a distance of 103.44 feet to an angle point
377	377	hereof,
378	378	7. S 22°37'59" E for a distance of 186.24 feet to an angle point
379	379	hereof,
380	380	8. N 57°23'30" E for a distance of 88.53 feet to an angle point
381	381	hereof,
382	382	9. S 29°10'57" E for a distance of 72.30 feet to an angle point
383	383	hereof,
384	384	10. N 59°40'57" E for a distance of 20.00 feet to an angle point
385	385	hereof,
386	386	11. N 59°40'57" E for a distance of 489.21 feet to an angle point
387	387	hereof, and
388	388	12. N 30°19'01" W for a distance of 663.75 feet to a point being the
389	389	northeasterly corner of said 10.00-acre tract for an angle point
390	390	hereof;
391	391	THENCE departing the boundary line of said 10.00-acre tract,
392	392	through the interior of said 730.417-acre tract, N 30°19'01" W for a
393	393	distance of 25.02 feet to a point in the southerly margin of
394	394	Franklin Road, same being the northwesterly boundary line of said
395	395	730.417-acre tract, the following three (3) courses and distances:
396	396	1. N 59°40'59" E for a distance of 701.97 feet to an angle point
397	397	hereof,
398	398	2. N 60°40'09" E for a distance of 1305.59 feet to an angle point
399	399	hereof, and
400	400	3. N 60°36'34" E for a distance of 617.98 feet to a point to the
401	401	POINT OF BEGINNING and containing 685.400 acres in the McClennan
402	402	County, Texas and Bell County, Texas. Said tract being described in
403	403	accordance with a survey prepared under Job No. 59012-22 by
404	404	Pape-Dawson Engineers, Inc.
405	405	SECTION 3. (a) The legal notice of the intention to
406	406	introduce this Act, setting forth the general substance of this
407	407	Act, has been published as provided by law, and the notice and a
408	408	copy of this Act have been furnished to all persons, agencies,
409	409	officials, or entities to which they are required to be furnished
410	410	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
411	411	Government Code.
412	412	(b) The governor, one of the required recipients, has
413	413	submitted the notice and Act to the Texas Commission on
414	414	Environmental Quality.
415	415	(c) The Texas Commission on Environmental Quality has filed
416	416	its recommendations relating to this Act with the governor, the
417	417	lieutenant governor, and the speaker of the house of
418	418	representatives within the required time.
419	419	(d) All requirements of the constitution and laws of this
420	420	state and the rules and procedures of the legislature with respect
421	421	to the notice, introduction, and passage of this Act are fulfilled
422	422	and accomplished.
423	423	SECTION 4. (a) If this Act does not receive a two-thirds
424	424	vote of all the members elected to each house, Subchapter C, Chapter
425	425	7960, Special District Local Laws Code, as added by Section 1 of
426	426	this Act, is amended by adding Section 7960.0307 to read as follows:
427	427	Sec. 7960.0307. NO EMINENT DOMAIN POWER. The district may
428	428	not exercise the power of eminent domain.
429	429	(b) This section is not intended to be an expression of a
430	430	legislative interpretation of the requirements of Section 17(c),
431	431	Article I, Texas Constitution.
432	432	SECTION 5. This Act takes effect immediately if it receives
433	433	a vote of two-thirds of all the members elected to each house, as
434	434	provided by Section 39, Article III, Texas Constitution. If this
435	435	Act does not receive the vote necessary for immediate effect, this
436	436	Act takes effect September 1, 2023.
437	437	______________________________ ______________________________
438	438	President of the Senate Speaker of the House
439	439	I certify that H.B. No. 5360 was passed by the House on May
440	440	19, 2023, by the following vote: Yeas 109, Nays 34, 2 present, not
441	441	voting.
442	442	______________________________
443	443	Chief Clerk of the House
444	444	I certify that H.B. No. 5360 was passed by the Senate on May
445	445	24, 2023, by the following vote: Yeas 29, Nays 2.
446	446	______________________________
447	447	Secretary of the Senate
448	448	APPROVED: _____________________
449	449	Date
450	450	_____________________
451	451	Governor