H.B. No. 5389
AN ACT
relating to the creation of the Harris-Waller Counties Municipal
Utility District No. 8; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8006A to read as follows:
CHAPTER 8006A. HARRIS-WALLER COUNTIES MUNICIPAL UTILITY DISTRICT
NO. 8
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8006A.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Harris-Waller Counties
Municipal Utility District No. 8.
Sec. 8006A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8006A.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8006A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8006A.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district as required by
applicable law.
Sec. 8006A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8006A.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8006A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 8006A.0202, directors
serve staggered four-year terms.
Sec. 8006A.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8006A.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8006A.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8006A.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8006A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8006A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8006A.0303. AUTHORITY FOR ROAD PROJECTS. Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a
municipality for operation and maintenance macadamized, graveled,
or paved roads, or improvements, including storm drainage, in aid
of those roads.
Sec. 8006A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8006A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 8006A.0306. DIVISION OF DISTRICT. (a) The board, on
its own motion or on receipt of a petition signed by the owner or
owners of a majority of the assessed value of the real property in
the district, may adopt an order dividing the district.
(b) An order dividing a district may create one or more new
districts and may provide for the continuation of the district.
(c) An order dividing the district shall:
(1) name any new district;
(2) include the metes and bounds description of the
territory of each of the districts;
(3) appoint temporary directors for any new district;
and
(4) provide for the division of assets and liabilities
between the districts.
(d) The board may adopt an order dividing the district
before or after the date the board holds an election to confirm the
district's creation.
(e) The district may be divided only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(f) A new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(i) A new district created by the division of the district
shall hold a confirmation and directors' election. If the voters of
the new district do not confirm the creation of the new district,
the assets, obligations, territory, and governance of the new
district revert to the original district.
(j) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(k) A new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(l) The district may continue to rely on confirmation,
directors', bond, or tax elections held prior to the division.
(m) Municipal consent to the creation of the district and to
the inclusion of land in the district acts as municipal consent to
the creation of any new district created by the division of the
district and to the inclusion of land in the new district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8006A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section
8006A.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8006A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8006A.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8006A.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8006A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8006A.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8006A.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. Harris-Waller Counties Municipal Utility
District No. 8 initially includes all the territory contained in
the following area:
Tract 1:
Being a tract containing 300.183 acres of land located in the J.R.
Garrett Survey, Abstract Number 378, Waller County, Texas, the J.R.
Garrett Survey, Abstract Number 1594, Harris County, Texas and the
W.H. Shaw Survey, Abstract Number 1714, Harris County, Texas. Said
300.183 acres being a portion of a call 575.411 acre tract of land
recorded in the name of Kenneth R. Jasek and Joanna H. Jasek in
Harris County Clerk's File (H.C.C.F.) Number 20070005783. Said
300.183 acres being more particularly described by metes and bounds
as follows (bearings are referenced to the Texas Coordinate System
of 1983, South Central Zone, based on GPS observations):
COMMENCING at a 1/2 inch iron pipe found at the southwest corner of
said 575.411 acre tract, the southeast corner of a call 628.479 acre
tract of land recorded in the name of Malladi Reddy in Volume 1366,
Page 688 of the O.P.R.W.C., on the north right-of-way (R.O.W.) line
of F.M. 529 (120-foot wide) and being on the common line between
said J.R. Garrett Survey, A-378 and the H.&T.C. R.R. Company
Survey, Section 113, Abstract Number 173, Waller County, Texas;
THENCE, with said north R.O.W. line, North 87 degrees 59 minutes 59
seconds East (call South 89 degrees 52 minutes 51 seconds East), a
distance of 3,905.05 feet to a 5/8 inch capped iron rod stamped "GBI
Partners" set at the POINT OF BEGINNING of the herein described
tract;
THENCE, through and across said 575.411 acre tract, the following
six (6) courses:
1) North 01 degree 56 minutes 25 seconds West, a distance of
1,401.78 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
set;
2) South 89 degrees 11 minutes 37 seconds West, a distance of
1,191.65 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
set;
3) North 02 degrees 48 minutes 36 seconds West, a distance of
1,456.14 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
set;
4) North 42 degrees 21 minutes 49 seconds West, a distance of
717.67 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
set;
5) South 88 degrees 18 minutes 44 seconds West, a distance of
972.41 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
set;
6) North 77 degrees 09 minutes 13 seconds West, a distance of
1,300.48 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
set on the common line between said 575.411 and 628.479 acre tracts
and the aforesaid common line between the J.R. Garrett Survey,
A-378 and the H.&T.C. R.R. Company Survey, Section 113;
THENCE, with said common lines, North 01 degree 59 minutes 44
seconds West (call North 00 degrees 07 minutes 20 seconds East), a
distance of 498.53 feet to a 5/8 inch capped iron rod stamped "GBI
Partners" set at the southwesterly corner of a call 57.8006 acre
tract of land recorded in the name of Lawrence A. Jasek, Trustee in
Volume 508, Page 498 of the Official Public Records of Waller County
(O.P.R.W.C.);
THENCE, with the common lines between said 575.411 and 57.8006 acre
tracts, the following two (2) courses:
1) North 88 degrees 00 minutes 16 seconds East (call South 89
degrees 52 minutes 19 seconds East), at 60.00 feet pass a 6 inch
iron pipe and continuing for a total distance of 2,640.14 feet (call
2,640.00 feet) to a 1/2 inch iron pipe found at the southeast corner
of said 57.8006 acre tract;
2) North 01 degree 59 minutes 55 seconds West, a distance of 953.96
feet (call North 00 degrees 06 minutes 58 seconds East, a distance
of 954.04 feet) to a 3/4 inch iron pipe found at the northeast
corner of said 57.8006 acre tract and being on the southerly line of
a call 364.14 acre tract of land recorded in the name of Katy
Prairie Conservancy in Volume 1334, Page 254 of the O.P.R.W.C.,
from which a 1/2 inch iron pipe found at the common corner of said
57.8006 acre tract, said 364.14 acre tract and a call 401.115 acre
tract of land recorded in the name of Charles A. Menke, et al. in
File Number 1700611 of the O.P.R.W.C., and being the common corner
of said J.R. Garrett Survey, said H.&T.C. R.R. Company Survey,
Section 113, the H.&T.C. R.R. Company Survey, Section 117, Abstract
Number 199, Waller County, Texas and the J.R. Garrett Survey,
Abstract Number 377, Waller County, Texas bears South 87 degrees 59
minutes 57 seconds West, a distance of 2,640.09 feet;
THENCE, with the south lines of said 364.14 acre tract and a call
503.250 acre tract of land recorded in the name of Xu Qing, LLC in
H.C.C.F. Number RP-2018-130319, North 87 degrees 52 minutes 17
seconds East, a distance of 2,644.89 feet (call North 89 degrees 59
minutes 16 seconds East, a distance of 2,645.05 feet) to a 1/2 inch
iron pipe found at an interior corner of said 503.250 acre tract and
being on the terminus of Longenbaugh Road (80-foot wide);
THENCE, with said terminus and the westerly lines of a call 274.704
acre tract of land, styled as Parcel 6, recorded in the name of Xu
Qing, LLC in H.C.C.F. Number RP-2018-130319 and a call 16.478 acre
tract of land recorded in the name of Roger Earl Haigh and Clifford
Haigh in H.C.C.F. Number RP-2017-134466, South 01 degree 56 minutes
29 seconds East (call South 00 degrees 10 minutes 35 seconds West),
at 39.75 feet pass a 3/4 inch iron rod found at the northwesterly
corner of said Parcel 6 and continuing for a total distance of
5,226.16 feet to a 2 inch iron pipe found on the aforesaid north
R.O.W. line of F.M. 529;
THENCE, with said north R.O.W. line, South 87 degrees 59 minutes 59
seconds West (call North 89 degrees 52 minutes 51 seconds West), a
distance of 150.00 feet to a 3/4 inch capped iron rod stamped
"CenterPoint Energy" found at the southeast corner of a call 21.34
acre tract of land recorded in the name of CenterPoint Energy
Houston Electric, LLC in File Number 2206806 of the O.P.R.W.C.
THENCE, with the east, north and west lines of said 21.34 acre
tract, the following four (4) courses:
1) North 01 degree 56 minutes 25 seconds West, a distance of 971.39
feet to a 3/4 inch capped iron rod stamped "CenterPoint Energy"
found;
2) North 18 degrees 53 minutes 43 seconds West, a distance of 35.13
feet to a 3/4 inch capped iron rod stamped "CenterPoint Energy"
found;
3) South 87 degrees 59 minutes 59 seconds West, a distance of
914.75 feet to a 3/4 inch capped iron rod stamped "CenterPoint
Energy" found;
4) South 01 degree 56 minutes 25 seconds East, a distance of
1,005.00 feet to a 3/4 inch capped iron rod stamped "CenterPoint
Energy" found on the said north R.O.W. line of F.M. 529;
THENCE, with said north R.O.W. line, South 87 degrees 59 minutes 59
seconds West, a distance of 300.00 feet to the POINT OF BEGINNING
and containing 300.183 acres of land.
Tract 2:
Being a tract containing 57.811 acres of land located in the J.R.
Garrett Survey, Abstract Number 378, Waller County, Texas. Said
57.811 acres being a call 57.8006 acre tract of land recorded in the
name of Lawrence A. Jasek, Trustee in Volume 508, Page 498 of the
Official Public Records of Waller County (O.P.R.W.C.). Said 57.811
acres being more particularly described by metes and bounds as
follows (bearings are referenced to the Texas Coordinate System of
1983, South Central Zone, based on GPS observations):
COMMENCING at a 1/2 inch iron pipe found at the southwest corner of
a call 575.411 acre tract of land recorded in the name of Kenneth R.
Jasek and Joanna H. Jasek in Harris County Clerk's File (H.C.C.F.)
Number 20070005783, the southeast corner of a call 628.479 acre
tract of land recorded in the name of Malladi Reddy in Volume 1366,
Page 688 of the O.P.R.W.C., on the north right-of-way (R.O.W.) line
of F.M. 529 (120-foot wide) and being on the common line between
said J.R. Garrett Survey and the H.&T.C. R.R. Company Survey
Section 113, Abstract Number 173, Waller County, Texas from which a
2 inch iron pipe found at the southeast corner of said 575.411 acre
tract and on the west line of a call 16.478 acre tract of land
recorded in the name of Roger Earl Haigh and Clifford Haigh in
H.C.C.F. Number RP-2017-134466 bears North 87 degrees 59 minutes 59
seconds East, a distance of 5,280.04 feet;
THENCE, with said common survey line and the common line between
said 575.411 and 628.479 acre tracts, North 01 degree 59 minutes 44
seconds West, a distance of 4,266.50 feet to a 5/8 inch capped iron
rod stamped "GBI Partners" set at the southwest corner of said
57.8006 acre tract and the POINT OF BEGINNING of the herein
described tract;
THENCE, continuing with said common survey line and the common line
between said 575.411 and 628.479 acre tracts, North 01 degree 59
minutes 44 seconds West (call North), a distance of 953.71 feet to a
1/2 inch iron pipe found at the common corner of said 57.8006 acre
tract, a call 364.14 acre tract of land recorded in the name of Katy
Prairie Conservancy in Volume 1334, Page 254 of the O.P.R.W.C. and a
call 401.115 acre tract of land recorded in the name of Charles A.
Menke, et al. in File Number 1700611 of the O.P.R.W.C., and being at
the common corner of said J.R. Garrett Survey, said H.&T.C. R.R.
Company Survey, Section 113, the H.&T.C. R.R. Company Survey,
Section 117, Abstract Number 199, Waller County, Texas and the J.R.
Garrett Survey, Abstract Number 377, Waller County, Texas;
THENCE, with the common line between said 57.8006 and 364.14 acre
tracts, North 87 degrees 59 minutes 57 seconds East, a distance of
2,640.09 feet (call East, a distance of 2,640.00 feet) to a 3/4 inch
iron pipe found at the most northerly northwest corner of aforesaid
575.411 acre tract and the northeast corner of said 57.8006 acre
tract;
THENCE, with the common lines between said 57.8006 acre tract and
said 575.411 acre tract the following two (2) courses:
1) South 01 degree 59 minutes 55 seconds East, a distance of 953.96
feet (call South, a distance of 953.71 feet) to a 1/2 inch iron pipe
found at an interior corner of said 575.411 acre tract and the
southeast corner of said 57.8006 acre tract;
2) South 88 degrees 00 minutes 16 seconds West (call West), at
2,580.14 feet pass a 6 inch iron pipe found for reference and
continuing for a total distance of 2,640.14 feet (call 2,640.00
feet) to the POINT OF BEGINNING and containing 57.811 acres of land.
Tract 3:
Being a tract containing 253.905 acres of land located in the J.R.
Garrett Survey, Abstract Number 378, Waller County, Texas. Said
253.905 acres being a portion of a call 575.411 acre tract of land
recorded in the name of Kenneth R. Jasek and Joanna H. Jasek in
Harris County Clerk's File (H.C.C.F.) Number 20070005783. Said
253.905 acres being more particularly described by metes and bounds
as follows (bearings are referenced to the Texas Coordinate System
of 1983, South Central Zone, based on GPS observations):
BEGINNING at a 1/2 inch iron pipe found at the southwest corner of
said 575.411 acre tract, the southeast corner of a call 628.479 acre
tract of land recorded in the name of Malladi Reddy in Volume 1366,
Page 688 of the O.P.R.W.C., on the north right-of-way (R.O.W.) line
of F.M. 529 (120-foot wide) and being on the common line between
said J.R. Garrett Survey, A-378 and the H.&T.C. R.R. Company
Survey, Section 113, Abstract Number 173, Waller County, Texas;
THENCE, with said common survey line and the common line between
said 575.411 and 628.479 acre tracts, North 01 degree 59 minutes 44
seconds West (call North 00 degrees 07 minutes 20 seconds East), a
distance of 3,767.97 feet to a 5/8 inch capped iron rod stamped "GBI
Partners" set from which a 1/2 inch iron pipe found at the common
corner of said 628.479 acres, a call 57.8006 acre tract of land
recorded in the name of Lawrence A. Jasek, Trustee in Volume 508,
Page 498 of the Official Public Records of Waller County
(O.P.R.W.C.), a call 364.14 acre tract of land recorded in the name
of Katy Prairie Conservancy in Volume 1334, Page 254 of the
O.P.R.W.C. and a call 401.115 acre tract of land recorded in the
name of Charles A. Menke, et al. in File Number 1700611 of the
O.P.R.W.C., and being at the common corner of said J.R. Garrett
Survey, said H.&T.C.R.R. Company Survey, Section 113, the
H.&T.C.R.R. Company Survey, Section 117, Abstract Number 199,
Waller County, Texas and the J.R. Garrett Survey, Abstract Number
377, Waller County, Texas bears North 01 degree 59 minutes 44
seconds West, a distance of 1,452.24 feet;
THENCE, through and across said 575.411 acre tract, the following
six (6) courses:
1) South 77 degrees 09 minutes 13 seconds East, a distance of
1,300.48 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
set;
2) North 88 degrees 18 minutes 44 seconds East, a distance of
972.41 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
set;
3) South 42 degrees 21 minutes 49 seconds East, a distance of
717.67 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
set;
4) South 02 degrees 48 minutes 36 seconds East, a distance of
1,456.14 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
set;
5) North 89 degrees 11 minutes 37 seconds East, a distance of
1,191.65 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
set;
6) South 01 degree 56 minutes 25 seconds East, a distance of
1,401.78 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
set on the aforesaid north R.O.W. line of F.M. 529 from which a 3/4
inch capped iron rod stamped "CenterPoint Energy" found at the
southwest corner of a call 21.34 acre tract of land recorded in the
name of CenterPoint Energy Houston Electric, LLC in File Number
2206806 of the O.P.R.W.C. bears North 87 degrees 59 minutes 59
seconds East, a distance of 300.00 feet;
THENCE, with said north R.O.W. line, South 87 degrees 59 minutes 59
seconds West (call North 89 degrees 52 minutes 51 seconds West), a
distance of 3,905.05 feet to the POINT OF BEGINNING and containing
253.905 acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8006A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8006A.0307 to read as
follows:
Sec. 8006A.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5389 was passed by the House on May 9,
2023, by the following vote: Yeas 110, Nays 32, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5389 was passed by the Senate on May
24, 2023, by the following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor