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Texas Senate Bill SB2588

Texas 2023 - 88th Regular

Texas Senate Bill SB2588 Compare Versions

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11 S.B. No. 2588
22
33
44 AN ACT
55 relating to the creation of the Fort Bend County Municipal Utility
66 District No. 264; granting a limited power of eminent domain;
77 providing authority to issue bonds; providing authority to impose
88 assessments, fees, and taxes.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1111 Code, is amended by adding Chapter 7974A to read as follows:
1212 CHAPTER 7974A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 264
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 7974A.0101. DEFINITIONS. In this chapter:
1515 (1) "Board" means the district's board of directors.
1616 (2) "Commission" means the Texas Commission on
1717 Environmental Quality.
1818 (3) "Director" means a board member.
1919 (4) "District" means the Fort Bend County Municipal
2020 Utility District No. 264.
2121 Sec. 7974A.0102. NATURE OF DISTRICT. The district is a
2222 municipal utility district created under Section 59, Article XVI,
2323 Texas Constitution.
2424 Sec. 7974A.0103. CONFIRMATION AND DIRECTOR ELECTION
2525 REQUIRED. The temporary directors shall hold an election to
2626 confirm the creation of the district and to elect five permanent
2727 directors as provided by Section 49.102, Water Code.
2828 Sec. 7974A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
2929 temporary directors may not hold an election under Section
3030 7974A.0103 until each municipality in whose corporate limits or
3131 extraterritorial jurisdiction the district is located has
3232 consented by ordinance or resolution to the creation of the
3333 district and to the inclusion of land in the district as required by
3434 applicable law.
3535 Sec. 7974A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3636 (a) The district is created to serve a public purpose and benefit.
3737 (b) The district is created to accomplish the purposes of:
3838 (1) a municipal utility district as provided by
3939 general law and Section 59, Article XVI, Texas Constitution; and
4040 (2) Section 52, Article III, Texas Constitution, that
4141 relate to the construction, acquisition, improvement, operation,
4242 or maintenance of macadamized, graveled, or paved roads, or
4343 improvements, including storm drainage, in aid of those roads.
4444 Sec. 7974A.0106. INITIAL DISTRICT TERRITORY. (a) The
4545 district is initially composed of the territory described by
4646 Section 2 of the Act enacting this chapter.
4747 (b) The boundaries and field notes contained in Section 2 of
4848 the Act enacting this chapter form a closure. A mistake made in the
4949 field notes or in copying the field notes in the legislative process
5050 does not affect the district's:
5151 (1) organization, existence, or validity;
5252 (2) right to issue any type of bond for the purposes
5353 for which the district is created or to pay the principal of and
5454 interest on a bond;
5555 (3) right to impose a tax; or
5656 (4) legality or operation.
5757 SUBCHAPTER B. BOARD OF DIRECTORS
5858 Sec. 7974A.0201. GOVERNING BODY; TERMS. (a) The district
5959 is governed by a board of five elected directors.
6060 (b) Except as provided by Section 7974A.0202, directors
6161 serve staggered four-year terms.
6262 Sec. 7974A.0202. TEMPORARY DIRECTORS. (a) On or after the
6363 effective date of the Act enacting this chapter, the owner or owners
6464 of a majority of the assessed value of the real property in the
6565 district may submit a petition to the commission requesting that
6666 the commission appoint as temporary directors the five persons
6767 named in the petition. The commission shall appoint as temporary
6868 directors the five persons named in the petition.
6969 (b) Temporary directors serve until the earlier of:
7070 (1) the date permanent directors are elected under
7171 Section 7974A.0103; or
7272 (2) the fourth anniversary of the effective date of
7373 the Act enacting this chapter.
7474 (c) If permanent directors have not been elected under
7575 Section 7974A.0103 and the terms of the temporary directors have
7676 expired, successor temporary directors shall be appointed or
7777 reappointed as provided by Subsection (d) to serve terms that
7878 expire on the earlier of:
7979 (1) the date permanent directors are elected under
8080 Section 7974A.0103; or
8181 (2) the fourth anniversary of the date of the
8282 appointment or reappointment.
8383 (d) If Subsection (c) applies, the owner or owners of a
8484 majority of the assessed value of the real property in the district
8585 may submit a petition to the commission requesting that the
8686 commission appoint as successor temporary directors the five
8787 persons named in the petition. The commission shall appoint as
8888 successor temporary directors the five persons named in the
8989 petition.
9090 SUBCHAPTER C. POWERS AND DUTIES
9191 Sec. 7974A.0301. GENERAL POWERS AND DUTIES. The district
9292 has the powers and duties necessary to accomplish the purposes for
9393 which the district is created.
9494 Sec. 7974A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9595 DUTIES. The district has the powers and duties provided by the
9696 general law of this state, including Chapters 49 and 54, Water Code,
9797 applicable to municipal utility districts created under Section 59,
9898 Article XVI, Texas Constitution.
9999 Sec. 7974A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100100 Section 52, Article III, Texas Constitution, the district may
101101 design, acquire, construct, finance, issue bonds for, improve,
102102 operate, maintain, and convey to this state, a county, or a
103103 municipality for operation and maintenance macadamized, graveled,
104104 or paved roads, or improvements, including storm drainage, in aid
105105 of those roads.
106106 Sec. 7974A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107107 road project must meet all applicable construction standards,
108108 zoning and subdivision requirements, and regulations of each
109109 municipality in whose corporate limits or extraterritorial
110110 jurisdiction the road project is located.
111111 (b) If a road project is not located in the corporate limits
112112 or extraterritorial jurisdiction of a municipality, the road
113113 project must meet all applicable construction standards,
114114 subdivision requirements, and regulations of each county in which
115115 the road project is located.
116116 (c) If the state will maintain and operate the road, the
117117 Texas Transportation Commission must approve the plans and
118118 specifications of the road project.
119119 Sec. 7974A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120120 ORDINANCE OR RESOLUTION. The district shall comply with all
121121 applicable requirements of any ordinance or resolution that is
122122 adopted under Section 54.016 or 54.0165, Water Code, and that
123123 consents to the creation of the district or to the inclusion of land
124124 in the district.
125125 Sec. 7974A.0306. DIVISION OF DISTRICT. (a) The board, on
126126 its own motion or on receipt of a petition signed by the owner or
127127 owners of a majority of the assessed value of the real property in
128128 the district, may adopt an order dividing the district.
129129 (b) An order dividing a district may create one or more new
130130 districts and may provide for the continuation of the district.
131131 (c) An order dividing the district shall:
132132 (1) name any new district;
133133 (2) include the metes and bounds description of the
134134 territory of each of the districts;
135135 (3) appoint temporary directors for any new district;
136136 and
137137 (4) provide for the division of assets and liabilities
138138 between the districts.
139139 (d) The board may adopt an order dividing the district
140140 before or after the date the board holds an election to confirm the
141141 district's creation.
142142 (e) The district may be divided only if the district:
143143 (1) has never issued any bonds; and
144144 (2) is not imposing ad valorem taxes.
145145 (f) A new district created by the division of the district
146146 may not, at the time the new district is created, contain any land
147147 outside the area described by Section 2 of the Act enacting this
148148 chapter.
149149 (g) On or before the 30th day after the date of adoption of
150150 an order dividing the district, the district shall file the order
151151 with the commission and record the order in the real property
152152 records of each county in which the district is located.
153153 (h) This chapter applies to any new district created by the
154154 division of the district, and a new district has all the powers and
155155 duties of the district.
156156 (i) A new district created by the division of the district
157157 shall hold a confirmation and directors' election.
158158 (j) If the creation of the new district is confirmed, the
159159 new district shall provide the election date and results to the
160160 commission.
161161 (k) A new district created by the division of the district
162162 must hold an election as required by this chapter to obtain voter
163163 approval before the district may impose a maintenance tax or issue
164164 bonds payable wholly or partly from ad valorem taxes.
165165 (l) The district may continue to rely on confirmation,
166166 directors', bond, or tax elections held prior to the division.
167167 (m) Municipal consent to the creation of the district and to
168168 the inclusion of land in the district acts as municipal consent to
169169 the creation of any new district created by the division of the
170170 district and to the inclusion of land in the new district.
171171 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
172172 Sec. 7974A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
173173 The district may issue, without an election, bonds and other
174174 obligations secured by:
175175 (1) revenue other than ad valorem taxes; or
176176 (2) contract payments described by Section
177177 7974A.0403.
178178 (b) The district must hold an election in the manner
179179 provided by Chapters 49 and 54, Water Code, to obtain voter approval
180180 before the district may impose an ad valorem tax or issue bonds
181181 payable from ad valorem taxes.
182182 (c) The district may not issue bonds payable from ad valorem
183183 taxes to finance a road project unless the issuance is approved by a
184184 vote of a two-thirds majority of the district voters voting at an
185185 election held for that purpose.
186186 Sec. 7974A.0402. OPERATION AND MAINTENANCE TAX. (a) If
187187 authorized at an election held under Section 7974A.0401, the
188188 district may impose an operation and maintenance tax on taxable
189189 property in the district in accordance with Section 49.107, Water
190190 Code.
191191 (b) The board shall determine the tax rate. The rate may not
192192 exceed the rate approved at the election.
193193 Sec. 7974A.0403. CONTRACT TAXES. (a) In accordance with
194194 Section 49.108, Water Code, the district may impose a tax other than
195195 an operation and maintenance tax and use the revenue derived from
196196 the tax to make payments under a contract after the provisions of
197197 the contract have been approved by a majority of the district voters
198198 voting at an election held for that purpose.
199199 (b) A contract approved by the district voters may contain a
200200 provision stating that the contract may be modified or amended by
201201 the board without further voter approval.
202202 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203203 Sec. 7974A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
204204 OBLIGATIONS. The district may issue bonds or other obligations
205205 payable wholly or partly from ad valorem taxes, impact fees,
206206 revenue, contract payments, grants, or other district money, or any
207207 combination of those sources, to pay for any authorized district
208208 purpose.
209209 Sec. 7974A.0502. TAXES FOR BONDS. At the time the district
210210 issues bonds payable wholly or partly from ad valorem taxes, the
211211 board shall provide for the annual imposition of a continuing
212212 direct ad valorem tax, without limit as to rate or amount, while all
213213 or part of the bonds are outstanding as required and in the manner
214214 provided by Sections 54.601 and 54.602, Water Code.
215215 Sec. 7974A.0503. BONDS FOR ROAD PROJECTS. At the time of
216216 issuance, the total principal amount of bonds or other obligations
217217 issued or incurred to finance road projects and payable from ad
218218 valorem taxes may not exceed one-fourth of the assessed value of the
219219 real property in the district.
220220 SECTION 2. Fort Bend County Municipal Utility District
221221 No. 264 initially includes all the territory contained in the
222222 following area:
223223 A Field Note Description of 2413.886 Acres of Land, being:
224224 1. the call J&J Farms call 314 Acre Tract (Volume 27, Page
225225 206; Deed Records and Volume M, Page 576; Deed Records); being in
226226 the Elisha Moore League, Abstract No. 439;
227227 2. the call J.& J. Farms 25.24 Acre Tract (See Volume 100,
228228 Page 368; Deed Records) being in the Antonio Balle Survey, Abstract
229229 No. 107;
230230 3. the call J.& J. Farms 200 Acre Tract. 151.5 Acres & 151.5
231231 Acre Tracts as described in Volume 88, Page 319; Deed Records and
232232 Volume 102, Page 339; Deed Records) being in the said Antonio Balle
233233 Survey, Abstract No. 107;
234234 4. the call J.& J. Farms call 985.46 Acre Tract described in
235235 Agreement of Partition and Partition Deed-Tract D, call 1721.397
236236 Acres (Volume 636, Page 907; Deed Records and FBC 2001041228) in the
237237 Elizabeth Powell League, Abstract No. 71; and
238238 5. the call J.&J. Farms call 332 or 302 Acres and call 400
239239 Acres (See Volume 88, Page 319; Deed Records and Volume 102, Page
240240 339; Deed Records), being in the E.B. George Survey, Abstract No.
241241 199; all being in Fort Bend County, Texas.
242242 For Connection beginning at 2-1/2 inch iron pipe found making
243243 the East corner of said Elizabeth Powell League, Abstract No. 71 and
244244 a re-entrant corner of said Antonio Balle Survey, Abstract No. 107;
245245 THENCE, South 5.8°36’22” West (Base Bearing), along the Southeast
246246 line of said Elizabeth Powell League, Abstract No. 71, at 4714.27
247247 feet pass a corner post in the Northeast right-of-way line of Darst
248248 Road, in all 4775.27 feet to a capped 5/8 inch iron rod stamped “
249249 1535-4035” set at corner post in the Southwest right-ofway line of
250250 said Darst Road marking the North corner of and place of beginning
251251 for this tract;
252252 THENCE, South 39°26’31” East, 2283.33 feet along said
253253 Southwest right-of-way line of said Darst Road to a capped 5/8 inch
254254 iron rod stamped “1535-4035” set marking the Northeast corner for
255255 this tract;
256256 THENCE, South 31°48’43” West, 3425.97 feet to a capped 5/8
257257 inch iron rod stamped “1535-4035” set for angle point in this line;
258258 THENCE, South 17°40’53” West, 5693.89 feet to a point marking
259259 the Southeast corner for this tract, a capped 5/8 inch iron rod
260260 stamped “1535-4035” was set North 20°31'19” East, 3.02 feet in North
261261 water's edge;
262262 THENCE, North 72°19’07” West, 5776.57 feet to a capped 5/8
263263 inch iron rod stamped “1535-4035” set marking a re-entrant corner
264264 for this tract;
265265 THENCE, South 17°40’53” West, 2148.44 feet to a capped 5/8
266266 inch iron rod stamped “1535-4035” set on the Easterly High Bank of
267267 the San Bernard River and marking the most Southerly South corner of
268268 this tract;
269269 THENCE, Northwesterly along the East Bank of said San Bernard
270270 River with the following courses and distances:
271271 1. North 54°15’46” West, 397.94 feet to an angle point;
272272 2. North 33°05’22” East, 100.13 feet to an angle point;
273273 3. North 54°31’32” East, 225.58 feet to an angle point;
274274 4. North 73°06’12” East, 82.28 feet to an angle point;
275275 5. North 02°52’38” West, 91.48 feet to an angle point;
276276 6. North 60°28’48” West, 204.42 feet to an angle point;
277277 7. North 30°40’52” East, 129.33 feet to an angle point;
278278 8. North 25°01’12” East, 185.54 feet to an angle point;
279279 9. North 00°22’18” West, 65.53 feet to an angle point;
280280 10. North 58°53’38” West, 111.53 feet to an angle point;
281281 11. North 14°52’28” West, 140.16 feet to an angle point;
282282 12. North 13°05’12” East, 191.47 feet to an angle point;
283283 13. North 45°06’58” West, 88.77 feet to an angle point;
284284 14. North 09°03’28” West, 167.48 feet to an angle point;
285285 15. North 16°11’38” West, 182.22 feet to an angle point;
286286 16. North 42°07’38” West, 221.65 feet to an angle point;
287287 17. North 56°02’58” West, 198.95 feet to an angle point;
288288 18. North 36°41’28” West, 211.06 feet to an angle point;
289289 19. North 24°26’38” West, 133.17 feet to an angle point;
290290 20. North 23°54’12” East, 106.41 feet to an angle point;
291291 21. North 41°53’18” West, 174.82 feet to an angle point;
292292 22. North 02°53’18” West, 197.19 feet to an angle point;
293293 23. North 39°00’58” West, 148.80 feet to an angle point;
294294 24. North 67°47’38” West, 137.57 feet to an angle point;
295295 25. North l 7°48’52” East, 193.57 feet to an angle point;
296296 26. North 30°26’08” West, 128.70 feet to an angle point;
297297 27. North 76°52’08” West, 228.77 feet to an angle point;
298298 28. North 18°05’52” East, 98.86 feet to an angle point;
299299 29. North 78°00’52” East, 268.86 feet to an angle point;
300300 30. North 46°53’12” East, 113.48 feet to an angle point;
301301 31. North 04°06’52” East, 103.84 feet to an angle point;
302302 32. North 54°03’18” West, 184.68 feet to an angle point;
303303 33. North 08°03’52” East, 135.68 feet to an angle point;
304304 34. North 24°31’22” East, 233.79 feet to an angle point;
305305 35. North 19°32’28” West, 202.10 feet to an angle point;
306306 36. North 70°38’52” East, 315.83 feet to an angle point;
307307 37. North 15°47’02” East, 196.36 feet to an angle point;
308308 38. North 15°56’42” East, 233.88 feet to an angle point;
309309 39. North 00°04’42” East, 157.36 feet to an angle point;
310310 40. North 50°27’38” West, 174.36 feet to an angle point;
311311 41. North 60°52’08” West, 212.26 feet to an angle point;
312312 42. North 6l°50’48” West, 249.67 feet to an angle point;
313313 43. North 06°35’18” West, 243.23 feet to an angle point;
314314 44. North 15°38’28” West, 217.52 feet to an angle point;
315315 45. North 05°03’38” West, 126.69 feet to an angle point;
316316 46. North 45°57’28” West, 103.01 feet to an angle point;
317317 47. North 21°58’18” West, 122.38 feet to an angle point;
318318 48. North 29°58’18” West, 92.23 feet to an angle point;
319319 49. North 73°53’28” West, 186.74 feet to an angle point;
320320 50. South 68°56’22” West, 345.61 feet to an angle point;
321321 51. South 77°44’15” West, 351.38 feet to an angle point;
322322 52. South 80°58’19” West, 142.37 feet to point marking the
323323 Southerly Southwest corner of this tract;
324324 THENCE, North 19°09’12” East, at 20.0 feet pass a capped 5/8
325325 inch iron rod stamped “1535-4035” set, then along a fence line, in
326326 all 2120.31 feet to a 1-1/4 inch iron pipe found for corner marking
327327 a re-entrant corner of this tract;
328328 THENCE, North 69°20’52” West, 372.87 feet to a 1-1/4 inch iron
329329 pipe found for another Southwest corner of this tract;
330330 THENCE, North 03°53’32” East, along a fence line, 3945.81
331331 feet to another 1-1/4 inch iron pipe found for corner;
332332 THENCE, North 57°20’37” East, along a fence line, 1014.32
333333 feet to a 1/2 inch iron pipe found for angle point;
334334 THENCE, North 13°21’07”' East, along a fence line, 1247.36
335335 feet to a capped 5/8 inch iron rod stamped “1535-4035” set for
336336 corner;
337337 THENCE, North 32°44”20” West, 140.72 feet to a 1/2 inch iron
338338 pipe found for corner;
339339 THENCE, North 57°51’15” East, 1573.14 feet to a capped 5/8
340340 inch iron rod stamped “1535-4035” set marking the Southeast corner
341341 of the J.D. Robinson call 15.02 Acre Tract (FBC 2001041228);
342342 THENCE, North 32°41’23’ West, 228.32 feet to a corner post
343343 marking the Northeast corner of said J.D. Robinson 15.02 Acre
344344 Tract;
345345 THENCE, South 58°00’37” West, 1573.41 feet along the
346346 Northwest line of said call 15.02 Tract to a capped 5/8 inch iron
347347 rod stamped “1535-4035” set for corner;
348348 THENCE, North 32°44’11” West, 459.13 feet to a capped 5/8 inch
349349 iron rod stamped “1535-4035” set marking the most Northerly
350350 Northwest corner of this tract;
351351 THENCE, North 57°57’49” East, along a fence line marking the
352352 Northerly line of a 30 foot wide Road Easement recorded in Partition
353353 Deed-Volume 636, Page 907; Deed Records of Fort Bend County, Texas,
354354 3813.7 feet to a capped 5/8 inch iron rod stamped “1535-4035” set
355355 for the most Northerly North corner of this tract in the
356356 Southwesterly right-of-way line of said Darst Road as recognized on
357357 the ground;
358358 THENCE, South 32°13’30” East, along said Southwesterly
359359 right-of-way line of said Darst Road, 987.27 feet to a capped 5/8
360360 inch iron rod stamped “1535-4035” set marking the North corner of
361361 the Dillard Estate call 1.0 Acre Tract (Volume 587, Page 924; Deed
362362 Records Fort Bend County, Texas);
363363 THENCE, South 41°11’ West, 208.7 feet to a capped 5/8 inch
364364 iron rod stamped “1535-4035” set marking the West corner of said
365365 Dillard 1.0 Acre Tract;
366366 THENCE, South 48°37’46” East, 208.7 feet to a capped 5/8 inch
367367 iron rod stamped “1535-4035” set marking the South corner of said
368368 Dillard 1.0 Acre Tract;
369369 THENCE, North 41°11’ East, 208.7 feet to a capped 5/8 inch
370370 iron rod stamped “1535-4035” set marking the East corner of said
371371 Dillard 1.0 Acre Tract;
372372 THENCE, Southeasterly along the Southerly right-of-way line
373373 of said Darst Road with the following courses and distances:
374374 South 57°06'39” East, 26.33 feet to a 60d nail found for
375375 corner;
376376 South 60°37'10” East, 143.11 feet to a capped 5/8 inch iron
377377 rod stamped “1535-4035” set for angle point;
378378 South 82°12'12” East, 1093.68 feet to a capped 5/8 inch iron
379379 rod stamped “1535-4035” set for angle point;
380380 South 69°16’ East, 112.14 feet to a capped 5/8 inch iron rod
381381 stamped “1535-4035” set a corner post marking Northerly Northeast
382382 corner of this tract;
383383 South 39°57'59” East, 421.99 feet to a capped 5/8 inch iron
384384 rod stamped “1535-4035” set at a corner post marking the Northerly
385385 Northeast corner of this tract;
386386 THENCE, South 39°45'03” West, leaving said Darst Road, along a
387387 fence line 800.42 feet to a capped 5/8 inch iron rod stamped “
388388 1535-4035” set for angle point;
389389 THENCE, South 30°53'39” West, along a fence line, 1581.12 feet
390390 to a capped 5/8 inch iron rod stamped “1535-4035” set for angle
391391 point;
392392 THENCE, South 61°39'47” West, along a fence line, 440.23 feet
393393 to a 8 inch corner post found for angle point;
394394 THENCE, South 49°28'44” West, along a fence line, 591.17 feet
395395 to a capped 5/8 inch iron rod stamped “1535-4035” set on the North
396396 side of a 12 inch corner post for a re-entrant corner of this tract;
397397 THENCE, South 32°40' East, along a fence line, 4691.8 feet to
398398 a capped 5/8 inch iron rod stamped “1535-4035” set for angle point;
399399 THENCE, Southeasterly following a fence line with the
400400 following courses and distances:
401401 South 35°58’15” East, 40.91 feet to a Railroad Tie for angle
402402 point;
403403 South 47°19’54” East, 24.51 feet to a Railroad Tie for angle
404404 point;
405405 South 65°08’02” East, 566.63 feet to a corner post found for
406406 another re-entrant corner of this tract;
407407 THENCE, North l0°13’40” East, along a fence line 634.47 feet
408408 to a corner post for angle point;
409409 THENCE, North 58°36’22” East, along said Northwest line of
410410 the Antonio Balle Survey, Abstract No. 107 and Southeast line of the
411411 Elizabeth Powell League, Abstract No. 71, 3186.2 feet to the place
412412 of beginning and containing 2413.886 Acres of Land.
413413 SECTION 3. (a) The legal notice of the intention to
414414 introduce this Act, setting forth the general substance of this
415415 Act, has been published as provided by law, and the notice and a
416416 copy of this Act have been furnished to all persons, agencies,
417417 officials, or entities to which they are required to be furnished
418418 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
419419 Government Code.
420420 (b) The governor, one of the required recipients, has
421421 submitted the notice and Act to the Texas Commission on
422422 Environmental Quality.
423423 (c) The Texas Commission on Environmental Quality has filed
424424 its recommendations relating to this Act with the governor, the
425425 lieutenant governor, and the speaker of the house of
426426 representatives within the required time.
427427 (d) All requirements of the constitution and laws of this
428428 state and the rules and procedures of the legislature with respect
429429 to the notice, introduction, and passage of this Act are fulfilled
430430 and accomplished.
431431 SECTION 4. (a) If this Act does not receive a two-thirds
432432 vote of all the members elected to each house, Subchapter C, Chapter
433433 7974A, Special District Local Laws Code, as added by Section 1 of
434434 this Act, is amended by adding Section 7974A.0307 to read as
435435 follows:
436436 Sec. 7974A.0307. NO EMINENT DOMAIN POWER. The district may
437437 not exercise the power of eminent domain.
438438 (b) This section is not intended to be an expression of a
439439 legislative interpretation of the requirements of Section 17(c),
440440 Article I, Texas Constitution.
441441 SECTION 5. This Act takes effect immediately if it receives
442442 a vote of two-thirds of all the members elected to each house, as
443443 provided by Section 39, Article III, Texas Constitution. If this
444444 Act does not receive the vote necessary for immediate effect, this
445445 Act takes effect September 1, 2023.
446446 ______________________________ ______________________________
447447 President of the Senate Speaker of the House
448448 I hereby certify that S.B. No. 2588 passed the Senate on
449449 May 3, 2023, by the following vote: Yeas 27, Nays 3,
450450 one present not voting.
451451 ______________________________
452452 Secretary of the Senate
453453 I hereby certify that S.B. No. 2588 passed the House on
454454 May 24, 2023, by the following vote: Yeas 102, Nays 36,
455455 one present not voting.
456456 ______________________________
457457 Chief Clerk of the House
458458 Approved:
459459 ______________________________
460460 Date
461461 ______________________________
462462 Governor