H.B. No. 5393
AN ACT
relating to the creation of the Waller County Municipal Utility
District No. 55; 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 8008A to read as follows:
CHAPTER 8008A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 55
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8008A.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 Waller County Municipal
Utility District No. 55.
Sec. 8008A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8008A.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. 8008A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8008A.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. 8008A.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. 8008A.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. 8008A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 8008A.0202, directors
serve staggered four-year terms.
Sec. 8008A.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Rick Hale;
(2) Michele Shirley;
(3) Bailey Cuedo;
(4) Carol Cafferty; and
(5) Robert Utter.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8008A.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 8008A.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 8008A.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. 8008A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8008A.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. 8008A.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. 8008A.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. 8008A.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. 8008A.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 never issued any bonds; 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.
(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. 8008A.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
8008A.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. 8008A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8008A.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. 8008A.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. 8008A.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. 8008A.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. 8008A.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. The Waller County Municipal Utility District
No. 55 initially includes all the territory contained in the
following area:
TRACT I:
A METES & BOUNDS description of a 1,009.43 acre tract of land
in the H. & T. C. Railroad Company Survey Section 123, Abstract 202,
Waller County, Texas, and the T. S. Reese Survey, Abstract 332,
Waller County, Texas, being comprised of portions of that certain
called 484.16 acre tract recorded under County Clerk's File Number
2111635, Official Public Records, Waller County, Texas, portions of
that certain called 320 acre tract, called 195.506 acre tract, and
called 11.98 acre tract recorded under County Clerk's File Number
2211947, Official Public Records, Waller County, Texas, with all
bearings based upon the Texas Coordinate System of 1983, South
Central Zone, based upon GPS observations.
Commencing at a point in the intersection of Morton Road and
Bartlett Road for the northeast corner of said H. & T. C. Railroad
Company Surveying Section 123, Abstract 202, same being the
southeast corner of the adjoining T. S. Reese Survey, Abstract 333,
and the northwest corner of the adjoining Fred Eule Survey,
Abstract 376, being the northwest corner of an adjoining called
81.8452 acre tract recorded in Volume 1012, Page 543, Official
Records, Waller County, Texas;
Thence South 02 degrees 06 minutes 07 seconds East along the
east line of said Section 123, same being the west line of said
adjoining Fred Eule Survey, Abstract 376, and the west line of said
adjoining called 81.8452 acre tract, as located in Bartlett Road,
1,981.19 feet to a point for the lower northeast corner of said
called 484.16 acre tract, for the lower northeast corner and Place
of Beginning of the herein described tract, said point being the
southeast corner of an adjoining called 10.00 acre tract recorded
under County Clerk's File Number 1809163, Official Public Records,
Waller County, Texas;
Thence South 02 degrees 06 minutes 07 seconds East along the
east line of the herein described tract and the east line of said
called 484.16 acre tract, same being the west line of said adjoining
Fred Eule Survey, Abstract 376 and said adjoining called 81.8452
acre tract, as located in Bartlett Road, at 477.77 feet pass a the
southwest corner of said adjoining called 81.8452 acre tract, same
being the northwest corner of the adjoining residue of a called
40.8759 acre tract recorded in Volume 995, Page 449, Official
Records, Waller County, Texas, at 1,193.40 feet pass the southwest
corner of said adjoining residue of a called 40.8759 acre tract and
the southwest corner of said adjoining Fred Eule Survey, Abstract
376, same being the northwest corner of the adjoining W. I.
Williamson Survey, Abstract 396, and the northwest corner of an
adjoining called 10.2190 acre tract recorded under County Clerk's
File Number 1600639, Official Public Records, Waller County, Texas,
at 1,431.59 feet pass the southwest corner of said adjoining called
10.2190 acre tract, same being the northwest corner of an adjoining
called 80.02 acre tract recorded under County Clerk's File Number
1501213, Official Public Records, Waller County, Texas, and
continuing for a total distance of 3,298.28 feet to the southeast
corner of the herein described tract, the southeast corner of said
called 484.16 acre tract, and the southeast corner of said Section
123, same being the southwest corner of said adjoining W. I.
Williamson Survey, Abstract 396 and said adjoining called 80.02
acre tract, the northwest corner of the adjoining H. & T. C.
Railroad Company Survey Section 125, Abstract 203, being the
northwest corner of an adjoining called 160.37 acre tract recorded
in Volume 1384, Page 805, Official Records, Waller County, Texas,
and the northeast corner of the adjoining T. S. Reese Survey,
Abstract 334, being the northeast corner of an adjoining called 454
acre tract recorded in Volume 553, Page 96, Official Records,
Waller County, Texas;
Thence South 87 degrees 54 minutes 48 seconds West along the
south line of the herein described tract, the south line of said
called 484.16 acre tract, and the south line of said Section 123,
same being the north line of said adjoining T. S. Reese Survey,
Abstract 334, and said adjoining called 454 acre tract, 5,298.21
feet to the southwest corner of said called 484.16 acre tract, and
the southwest corner of said Section 123, same being the northwest
corner of said adjoining T. S. Reese Survey, Abstract 334, and said
adjoining called 454 acre tract, the northeast corner of the
adjoining H. & T. C. Railroad Company Survey Section 108, Abstract
295, being the northeast corner of an adjoining called 11.5164 acre
tract recorded under County Clerk's File Number 1908706, Official
Public Records, Waller County, Texas, and the southeast corner of
said T. S. Reese Survey, Abstract 332, being the southeast corner of
said called 195.506 acre tract;
Thence South 87 degrees 56 minutes 46 seconds West along the
south line of the herein described tract, the south line of said
called 195.506 acre tract, the south line of said called 320 acre
tract, and the south line of said T. S. Reese Survey, Abstract 332,
same being the north line of said adjoining H. & T. C. Railroad
Company Survey Section 108, Abstract 295, the north line of said
adjoining called 11.5164 acre tract, the north line of the
adjoining Remington Trails Section Three, according to map or plat
thereof recorded in Volume 658, Page. 396, Official Records, Waller
County, Texas, and the north line of the adjoining Remington Trails
Section Four, according to map or plat thereof recorded in Volume
658, Page 398, Official Records, Waller County, Texas, 5,206.89
feet to a point for the southwest corner of the herein described
tract, being in the east right-of-way line of F. M. Highway 2855
(103-feet wide this location);
Thence North 02 degrees 07 minutes 07 seconds West along the
east right-of-way line of F. M. Highway 2855, 4,718.43 feet to an
angle point;
Thence North 04 degrees 26 minutes 29 seconds West continuing
along the east right-of-way line of F. M. Highway 2855, 529.56 feet
to a point for the northwest corner of the herein described tract,
being at the intersection of the east right-of-way line of F. M.
Highway 2855 and the south right-of-way line of Morton Road (width
varies);
Thence North 87 degrees 55 minutes 39 seconds East generally
along the approximate south right-of-way line of Morton Road,
969.07 feet to a point for corner;
Thence South 02 degrees 09 minutes 00 seconds East, 586.03
feet to a point for corner;
Thence North 88 degrees 02 minutes 55 seconds East, 365.38
feet to a point for corner;
Thence North 01 degree 55 minutes 52 seconds West, 586.82
feet to a point for corner;
Thence North 87 degrees 55 minutes 31 seconds East generally
along the approximate south right-of-way line of Morton Road,
1,261.15 feet to a point for the most westerly northeast corner of
the herein described tract, being in the east line of said called
320 acre tract, same being the west line of an adjoining called 120
acre tract recorded under County Clerk's File Number 2211948,
Official Public Records, Waller County, Texas;
Thence along the common line of the herein described tract
and said adjoining called 120 acre tract with the following courses
and distances:
South 02 degrees 06 minutes 39 seconds East, 2,610.83
feet;
North 87 degrees 53 minutes 27 seconds East, 1,343.38
feet;
North 02 degrees 26 minutes 26 seconds West, 408.72
feet;
North 02 degrees 35 minutes 36 seconds West, 909.75
feet;
North 87 degrees 53 minutes 20 seconds East, 1,304.79
feet to a point for a reentry corner to the herein described tract,
being in the east line of said T. S. Reese Survey, Abstract 332,
same being the west line of said H. & T. C. Railroad Company Survey
Section 123, Abstract 202;
Thence North 02 degrees 00 minutes 38 seconds West along the
east line of said T. S. Reese Survey, Abstract 332, same being the
west line of said H. & T. C. Railroad Company Survey Section 123,
Abstract 202, as located in an extension of Schlipf Road, 1,131.15
feet to a point for corner;
Thence North 88 degrees 03 minutes 18 seconds East along the
north line of said called 11.98 acre tract, same being the south
line of an adjoining called 1.360 acre tract recorded in Volume 388,
Page 517, Deed Records, Waller County, Texas, 395.12 feet to the
northeast corner of said called 11.98 acre tract, being in the west
line of an adjoining called 4.6202 acre tract recorded in Volume
388, Page 522, Deed Records, Waller County, Texas;
Thence South 02 degrees 09 minutes 53 seconds East along the
common line of said called 11.98 acre tract and said adjoining
called 4.6202 acre tract, 238.37 feet to the southwest corner of
said adjoining called 4.6202 acre tract;
Thence North 87 degrees 56 minutes 16 seconds East along the
common line of the herein described tract and said adjoining called
4.6202 acre tract, 505.12 feet to the southeast corner of said
adjoining called 4.6202 acre tract;
Thence North 02 degrees 03 minutes 34 seconds West continuing
along said common line, 400.21 feet to a point on said line at its
intersection with the south right-of-way line of Morton Road for
corner;
Thence North 87 degrees 57 minutes 01 second East along the
south right-of-way line of Morton Road, 956.64 feet to a point for
corner, being in the west line of the adjoining residue of a called
618 acre tract recorded in Volume 384, Page 846, Deed Records,
Waller County, Texas;
Thence along the common line of the herein described tract
and said adjoining residue of a called 618 acre tract with the
following courses and distances:
South 01 degree 11 minutes 27 seconds East, 1,761.82
feet;
South 89 degrees 58 minutes 42 seconds East, 368.50
feet;
South 01 degree 11 minutes 27 seconds East, 91.37 feet;
South 84 degrees 09 minutes 03 seconds East, 801.87
feet;
North 70 degrees 19 minutes 33 seconds East, 458.35
feet;
North 02 degrees 04 minutes 53 seconds West, 897.90
feet;
South 84 degrees 52 minutes 14 seconds East, 1,164.32
feet to a point for corner, said point being in the west line of an
adjoining called 4.9366 acre tract recorded in Volume 1434, Page
650, Official Records, Waller County, Texas;
Thence South 01 degree 58 minutes 26 seconds East along an
easterly line of the herein described tract, same being the west
line of said adjoining called 4.9366 acre tract, 203.39 feet to the
southwest corner of said adjoining called 4.9366 acre tract;
Thence North 88 degrees 00 minutes 41 seconds East along the
south line of said adjoining called 4.9366 acre tract, 12.83 feet to
the northwest corner of the aforementioned adjoining called 10.00
acre tract;
Thence South 02 degrees 06 minutes 07 seconds East along the
common line of the herein described tract and said adjoining called
10.00 acre tract, 660.00 feet to the southwest corner of said
adjoining called 10.00 acre tract;
Thence North 87 degrees 59 minutes 52 seconds East continuing
along said common line, 694.99 feet to the Place of Beginning and
containing 1,009.43 acres of land,
SAVE & EXCEPT the following tract:
A 10.30 acre tract of land in the H. & T. C. Railroad Company
Survey Section 123, Abstract 202, Waller County, Texas, being that
certain called 10.302 acre tract recorded in Volume 667, Page 566,
Deed Records, Waller County, Texas, with all bearing based on the
Texas Coordinate System of 1983, South Central Zone, based upon GPS
observations.
Commencing at the above-described southwest corner of the
aforementioned called 484.16 acre tract, and the southwest corner
of said Section 123, same being the northwest corner of the
adjoining T. S. Reese Survey, Abstract 334, and the aforementioned
adjoining called 454 acre tract, the northeast corner of the
adjoining H. & T. C. Railroad Company Survey Section 108, Abstract
295, being the northeast corner of the aforementioned adjoining
called 11.5164 acre tract, and the southeast corner of said T. S.
Reese Survey, Abstract 332, being the southeast corner of the
aforementioned called 195.506 acre tract;
Thence North 02 degrees 00 minutes 38 seconds West along the
west line of said called 484.16 acre tract, and the west line of
said Section 123, same being the east line of said T. S. Reese
Survey, Abstract 332, and the east line of said called 195.506 acre
tract, as located in and along an apparent extension of Schlipf
Road, 1,465.60 feet to a point on said line;
Thence North 87 degrees 59 minutes 23 seconds East departing
said line, 25.00 feet to the southwest corner of the aforementioned
called 10.302 acre tract for the southwest corner and Place of
Beginning of the herein described 10.30 acre Save & Except tract;
Thence North 87 degrees 59 minutes 23 seconds East along the
south line of said called 10.302 acre tract, 660.00 feet to the
southeast corner of said called 10.302 acre tract;
Thence North 05 degrees 15 minutes 05 seconds West along the
east line of said adjoining called 10.302 acre tract, 560.66 feet to
an angle point;
Thence North 18 degrees 08 minutes 16 seconds West continuing
along said line, 151.08 feet to the northeast corner of said called
10.302 acre tract;
Thence South 88 degrees 00 minutes 36 seconds West along the
north line of said called 10.302 acre tract, 586.34 feet to the
northwest corner of said called 10.302 acre tract;
Thence South 02 degrees 00 minutes 38 seconds East along the
west line of said called 10.302 acre tract, 705.10 feet to the Place
of Beginning and containing 10.30 acres of land, for a net acreage
of 999.13 acres of land, more or less.
TRACT II:
A METES & BOUNDS description of a 130.64 acre tract of land in
the H. & T. C. Railroad Company Survey Section 109, Abstract 171,
Waller County, Texas, being that certain called 130.647 acre tract
recorded under County Clerk's File Number 2110116, Official Public
Records, Waller County, Texas, with all bearings based upon the
Texas Coordinate System of 1983, South Central Zone, based upon GPS
observations.
Beginning at the southwest corner of said called 130.647 acre
tract, being at the intersection of the north right-of-way line of
Morton Road and the east right-of-way line of F. M. Highway 2855,
for the southwest corner and Place of Beginning of the herein
described tract;
Thence North 02 degrees 00 minutes 01 second West along the
west line of said called 130.647 acre tract, same being the east
right-of-way line of F. M. Highway 2855, 2,620.88 feet to the
northwest corner of said called 130.647 acre tract, same being the
southwest corner of an adjoining called 217.545 acre tract recorded
under County Clerk's File Number 1909653, Official Public Records,
Waller County, Texas;
Thence North 88 degrees 00 minutes 31 seconds East along the
upper north line of said called 130.647 acre tract, same being the
south line of said adjoining called 217.5458 tract, 1,688.80 feet
to the northwest corner of an adjoining called 25.00 acre tract
recorded in Volume 1301, Page 590, Official Public Records, Waller
County, Texas;
Thence South 01 degree 59 minutes 35 seconds East along the
west line of said adjoining called 25.00 acre tract, 1,210.00 feet
to the southwest corner of said adjoining called 25.00 acre tract;
Thence North 88 degrees 02 minutes 06 seconds East along the
south line of said adjoining called 25.00 acre tract, 900.03 feet to
the southeast corner of said adjoining called 25.00 acre tract,
being in the west line of an adjoining called 58.96 acre tract
recorded under County Clerk's File Number 1909457, Official Public
Records, Waller County, Texas;
Thence South 02 degrees 00 minutes 07 seconds East along the
west line of said adjoining called 58.96 acre tract, 1,406.71 feet
to the southwest corner of said adjoining called 58.96 acre tract,
same being the southeast corner of said called 130.647 acre tract,
and being in the north right-of-way line of Morton Road;
Thence South 87 degrees 55 minutes 32 seconds West along the
north right-of-way line of Morton Road, 2,588.72 feet to the Place
of Beginning and containing 130.64 acres of land, more or less.
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
8008A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8008A.0307 to read as
follows:
Sec. 8008A.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. 5393 was passed by the House on May 9,
2023, by the following vote: Yeas 108, Nays 34, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5393 was passed by the Senate on May
21, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not
voting.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor