Texas 2023 - 88th Regular

Texas Senate Bill SB887 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 887
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Maxwell Municipal Utility District
6	6	No. 1; granting a limited power of eminent domain; providing
7	7	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 7961 to read as follows:
12	12	CHAPTER 7961. MAXWELL MUNICIPAL UTILITY DISTRICT NO. 1
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 7961.0101. 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 Maxwell Municipal Utility
20	20	District No. 1.
21	21	Sec. 7961.0102. 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. 7961.0103. 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. 7961.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section
30	30	7961.0103 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.
34	34	Sec. 7961.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	35	(a) The district is created to serve a public purpose and benefit.
36	36	(b) The district is created to accomplish the purposes of:
37	37	(1) a municipal utility district as provided by
38	38	general law and Section 59, Article XVI, Texas Constitution; and
39	39	(2) Section 52, Article III, Texas Constitution, that
40	40	relate to the construction, acquisition, improvement, operation,
41	41	or maintenance of macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 7961.0106. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act enacting this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act enacting this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	SUBCHAPTER B. BOARD OF DIRECTORS
57	57	Sec. 7961.0201. GOVERNING BODY; TERMS. (a) The district is
58	58	governed by a board of five elected directors.
59	59	(b) Except as provided by Section 7961.0202, directors
60	60	serve staggered four-year terms.
61	61	Sec. 7961.0202. TEMPORARY DIRECTORS. (a) On or after the
62	62	effective date of the Act enacting this chapter, the owner or owners
63	63	of a majority of the assessed value of the real property in the
64	64	district may submit a petition to the commission requesting that
65	65	the commission appoint as temporary directors the five persons
66	66	named in the petition. The commission shall appoint as temporary
67	67	directors the five persons named in the petition.
68	68	(b) Temporary directors serve until the earlier of:
69	69	(1) the date permanent directors are elected under
70	70	Section 7961.0103; or
71	71	(2) the fourth anniversary of the effective date of
72	72	the Act enacting this chapter.
73	73	(c) If permanent directors have not been elected under
74	74	Section 7961.0103 and the terms of the temporary directors have
75	75	expired, successor temporary directors shall be appointed or
76	76	reappointed as provided by Subsection (d) to serve terms that
77	77	expire on the earlier of:
78	78	(1) the date permanent directors are elected under
79	79	Section 7961.0103; or
80	80	(2) the fourth anniversary of the date of the
81	81	appointment or reappointment.
82	82	(d) If Subsection (c) applies, the owner or owners of a
83	83	majority of the assessed value of the real property in the district
84	84	may submit a petition to the commission requesting that the
85	85	commission appoint as successor temporary directors the five
86	86	persons named in the petition. The commission shall appoint as
87	87	successor temporary directors the five persons named in the
88	88	petition.
89	89	SUBCHAPTER C. POWERS AND DUTIES
90	90	Sec. 7961.0301. GENERAL POWERS AND DUTIES. The district
91	91	has the powers and duties necessary to accomplish the purposes for
92	92	which the district is created.
93	93	Sec. 7961.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	94	DUTIES. The district has the powers and duties provided by the
95	95	general law of this state, including Chapters 49 and 54, Water Code,
96	96	applicable to municipal utility districts created under Section 59,
97	97	Article XVI, Texas Constitution.
98	98	Sec. 7961.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	99	52, Article III, Texas Constitution, the district may design,
100	100	acquire, construct, finance, issue bonds for, improve, operate,
101	101	maintain, and convey to this state, a county, or a municipality for
102	102	operation and maintenance macadamized, graveled, or paved roads, or
103	103	improvements, including storm drainage, in aid of those roads.
104	104	Sec. 7961.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	105	road project must meet all applicable construction standards,
106	106	zoning and subdivision requirements, and regulations of each
107	107	municipality in whose corporate limits or extraterritorial
108	108	jurisdiction the road project is located.
109	109	(b) If a road project is not located in the corporate limits
110	110	or extraterritorial jurisdiction of a municipality, the road
111	111	project must meet all applicable construction standards,
112	112	subdivision requirements, and regulations of each county in which
113	113	the road project is located.
114	114	(c) If the state will maintain and operate the road, the
115	115	Texas Transportation Commission must approve the plans and
116	116	specifications of the road project.
117	117	Sec. 7961.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	118	ORDINANCE OR RESOLUTION. The district shall comply with all
119	119	applicable requirements of any ordinance or resolution that is
120	120	adopted under Section 54.016 or 54.0165, Water Code, and that
121	121	consents to the creation of the district or to the inclusion of land
122	122	in the district.
123	123	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	124	Sec. 7961.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
125	125	The district may issue, without an election, bonds and other
126	126	obligations secured by:
127	127	(1) revenue other than ad valorem taxes; or
128	128	(2) contract payments described by Section 7961.0403.
129	129	(b) The district must hold an election in the manner
130	130	provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	131	before the district may impose an ad valorem tax or issue bonds
132	132	payable from ad valorem taxes.
133	133	(c) The district may not issue bonds payable from ad valorem
134	134	taxes to finance a road project unless the issuance is approved by a
135	135	vote of a two-thirds majority of the district voters voting at an
136	136	election held for that purpose.
137	137	Sec. 7961.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	138	authorized at an election held under Section 7961.0401, the
139	139	district may impose an operation and maintenance tax on taxable
140	140	property in the district in accordance with Section 49.107, Water
141	141	Code.
142	142	(b) The board shall determine the tax rate. The rate may not
143	143	exceed the rate approved at the election.
144	144	Sec. 7961.0403. CONTRACT TAXES. (a) In accordance with
145	145	Section 49.108, Water Code, the district may impose a tax other than
146	146	an operation and maintenance tax and use the revenue derived from
147	147	the tax to make payments under a contract after the provisions of
148	148	the contract have been approved by a majority of the district voters
149	149	voting at an election held for that purpose.
150	150	(b) A contract approved by the district voters may contain a
151	151	provision stating that the contract may be modified or amended by
152	152	the board without further voter approval.
153	153	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	154	Sec. 7961.0501. AUTHORITY TO ISSUE BONDS AND OTHER
155	155	OBLIGATIONS. The district may issue bonds or other obligations
156	156	payable wholly or partly from ad valorem taxes, impact fees,
157	157	revenue, contract payments, grants, or other district money, or any
158	158	combination of those sources, to pay for any authorized district
159	159	purpose.
160	160	Sec. 7961.0502. TAXES FOR BONDS. At the time the district
161	161	issues bonds payable wholly or partly from ad valorem taxes, the
162	162	board shall provide for the annual imposition of a continuing
163	163	direct ad valorem tax, without limit as to rate or amount, while all
164	164	or part of the bonds are outstanding as required and in the manner
165	165	provided by Sections 54.601 and 54.602, Water Code.
166	166	Sec. 7961.0503. BONDS FOR ROAD PROJECTS. At the time of
167	167	issuance, the total principal amount of bonds or other obligations
168	168	issued or incurred to finance road projects and payable from ad
169	169	valorem taxes may not exceed one-fourth of the assessed value of the
170	170	real property in the district.
171	171	SECTION 2. The Maxwell Municipal Utility District No. 1
172	172	initially includes all the territory contained in the following
173	173	area:
174	174	BEING A 1,044.73 ACRE TRACT IN OF THE C. WESTERFELD SURVEY, ABSTRACT
175	175	NUMBER 324, THE J.H. FOLLEY SURVEY, ABSTRACT NUMBER 107, THE H.
176	176	MCNEIL SURVEY, ABSTRACT NUMBER 199, AND THE W. BARBER SURVEY
177	177	ABSTRACT NUMBER 48, CALDWELL COUNTY, TEXAS, SAID 1,044.73 ACRE
178	178	TRACT BEING ALL OF A CALLED 1.9077 ACRE TRACT (KNOWN AS TRACT 3), A
179	179	CALLED 141.205 ACRE TRACT (KNOWN AS TRACT 1) AND A 600.607 ACRE
180	180	TRACT (KNOWN AS TRACT 2), DESCRIBED IN A DEED TO TACK REDWOOD
181	181	PARTNERS, AS RECORDED IN DOCUMENT NUMBER 2021009027 OF THE OFFICIAL
182	182	PUBLIC RECORDS OF CALDWELL COUNTY, TEXAS [O.P.R.C.C.T.], ALSO BEING
183	183	ALL OF A CALLED 149.979 ACRE TRACT DESCRIBED IN A DEED TO DORIS
184	184	STEUBING RECORDED IN DOCUMENT NUMBER 2019005265 [O.P.R.C.C.T.],
185	185	AND ALL OF A CALLED 150.00 ACRE TRACT DESCRIBED IN A DEED TO KYRAN W.
186	186	FEY JR., AND WIFE JUDY A. FEY RECORDED IN VOLUME 206, PAGE 627
187	187	[O.P.R.C.C.T.[, SAID 1,004.73 ACRE TRACT BEING MORE PARTICULARLY
188	188	DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
189	189	BEGINNING at a 1/2-inch iron rod found on the south right-of-way
190	190	line of Highway 142 (deed of record not found) at the northeast
191	191	corner of a called 25.977-acre tract described in a deed to Lawrence
192	192	V. Bumb recorded in Volume 320, Page 296, Deed Records of Caldwell
193	193	County, Texas [D.R.C.C.T.], and for the northwest corner of the
194	194	said 1.9077-acre tract, same being for the POINT OF BEGINNING of the
195	195	tract described herein;
196	196	THENCE with the south right-of-way line of the said Highway 142, and
197	197	the north line of the said 1.9077-acre tract and the northwest line
198	198	of the said 141.205-acre tract, the following three (3) courses and
199	199	distances:
200	200	1) N87°16'44"E, a distance of 785.16 feet to a concrete
201	201	highway monument found for the most easterly corner of the said
202	202	1.9077-acre tract,
203	203	2) N87° 18'58"E, a distance of 1585.93 feet to a concrete
204	204	highway monument found for an angle corner of the tract described
205	205	herein, and
206	206	3) N87°20'00 'E, a distance of 73.38 feet to a fence post
207	207	found for the most northwesterly corner of a called 86.278-acre
208	208	tract conveyed to Straight Down LLC (deed of record not found, tax
209	209	Parcel ID number 113768), same being for the most northerly corner
210	210	of the said 141.205-acre tract and the tract described herein;
211	211	THENCE with the northeast line of the said 141.205-acre tract and
212	212	the southwest line of the said 86.278-acre tract the following
213	213	three (3) courses and distances:
214	214	1) S40°44'58 'E, a distance of 896.28 feet to a 5/8-inch iron
215	215	rod found for an angle corner,
216	216	2) S48°48'24 'W, a distance of 468.42 feet to a 5/8-inch iron
217	217	rod found for an angle corner, and
218	218	3) S40°26'28"E, a distance of 2,795.99 feet to a 1/2-inch
219	219	iron rod with cap stamped "Chap" found for the most southeasterly
220	220	corner of the said 86.278-acre tract, and on a northwest line of the
221	221	said 600.507-acre tract and an angle corner of the tract described
222	222	herein;
223	223	THENCE N58°02'10"E, with the line common to the said 600.507-acre
224	224	tract and the said 86.278-acre tract, a distance of 1,189.91 feet to
225	225	a 4-inch iron pipe found on the southeast line of a called 2.78-acre
226	226	tract conveyed to Frazier Land & Cattle Co. LLC., (deed of record
227	227	not found, Tax Parcel ID 40622), for the southwest corner of a
228	228	called 5.96-acre tract conveyed to Frazier Land & Cattle (deed of
229	229	record not found, Tax Parcel ID 40623) and for a north corner of the
230	230	said 600.507-acre tract and the tract described herein;
231	231	THENCE S33°23'09"E with the line common to the said 600.507-acre
232	232	tract the said 5.96-acre tract, a called 7.07-acre tract described
233	233	in a deed to Richard W. Castillion recorded in Document Number
234	234	2016-001683 [O.P.R.C.C.T.], a called 5.59-acre tract described in a
235	235	deed to Clyde S. Arms & Tina M. McFerrin recorded in Volume 370,
236	236	Page 843 [D.R.C.C.T.], a called 8.5-acre tract conveyed to Sabine
237	237	Hinkle (deed of record not found, Tax Parcel ID 40627), and a called
238	238	340.368-acre tract described in a deed to LLTXLP LLC., recorded in
239	239	Document Number 2021-005216 [O.P.R.C.C.T.] a distance of 4,230.64
240	240	feet to a 4-inch metal Fence Post found on the west line of the said
241	241	149.979-acre tract, and for the southeast corner of the said
242	242	340.368-acre tract and for an angle corner of the tract described
243	243	herein;
244	244	THENCE N48°18'30"E, with the east line of the said 340.368-acre
245	245	tract and the west line of the said 149.979-acre tract, a distance
246	246	of 978.30 feet to a 1/2-inch iron rod with cap stamped "Hinkle"
247	247	found on the south right-of-way line of Tower Road (deed of record
248	248	not found), at the northwest corner of the said 149.979-acre tract
249	249	and for an angle corner of the tract described herein;
250	250	THENCE S28°41'54"E, with the south right-of-way line of the said
251	251	Tower Road and the north line of the said 149.979-acre tract, a
252	252	distance of 1,548.68 feet to a 1/2-inch iron rod with cap stamped
253	253	"Hinkle" found for the most northwesterly corner of a called
254	254	11.413-acre tract described in a deed to Stacey M. Sjogren recorded
255	255	in Document Number 2021-000069 [O.P.R.C.C.T.];
256	256	THENCE with the east line of the said 149.979-acre tract and the
257	257	west line of the said 11.413-acre tract and the west line of a
258	258	called 11-acre tract described to Hernandez recorded in Document
259	259	Number 2019-003033 [O.P.R.C.C.T.], the following 3 courses and
260	260	distances:
261	261	1) S54°09'43"W, a distance of 2,428.50 feet to a 1/2-inch
262	262	iron rod with cap stamped "Hinkle" found for an angle point of the
263	263	said 11-acre tract, the said 149.979-acre tract and the tract
264	264	described herein,
265	265	2) S40°18'17"W, a distance of 145.04 feet to a 1/2-inch iron
266	266	rod with cap stamped "Hinkle" found for the most southwesterly
267	267	corner of the said 11-acre tract, for an angle point of the said
268	268	149.979-acre tract and the tract described herein, and
269	269	3) S49°47'47"E, a distance of 201.60 feet to a Fence Post
270	270	found for a northwesterly corner of the said 150.00-acre tract,
271	271	same being a southeasterly corner of the said 11-acre tract and an
272	272	angle corner of the said 149.979-acre tract and the tract described
273	273	herein;
274	274	THENCE N78°32'26"E, with the north line of the said 150.00-acre
275	275	tract and the southeast line of the said 11-acre tract, a distance
276	276	of 393.17 feet to a 1/2-inch iron rod found on the southeast line of
277	277	the said 11-acre tract, for the most westerly corner of a called
278	278	26.166-acre tract described in a deed to Veterans Land Board
279	279	recorded in Document Number 370-114820 [O.P.R.C.C.T.], and for an
280	280	angle corner of the said 150.00-acre tract and the tract described
281	281	herein;
282	282	THENCE S41°30'17"E, with the north line of the said 150.00-acre
283	283	tract, the south line of the said 26.166-acre tract, and the south
284	284	line of a called 5.00-acre tract described in a deed to Stairtown
285	285	LTD., recorded in Volume 217, Page 713 [O.P.R.C.C.T.], a distance
286	286	of 2,387.02 feet passing a 1/2-inch iron rod found at the southeast
287	287	corner of the said 25.166-acre tract, same being at the southwest
288	288	corner of the said 5.00-acre tract, and continuing a total distance
289	289	of 3,234.01 feet to a fence post found on the west right-of-way line
290	290	of Dickerson Road (deed of record not found), at the southeast
291	291	corner of the said 5.00-acre tract, at the east corner of the said
292	292	150.00-acre tract and the tract described herein;
293	293	THENCE with the east line of the said 150.00-acre tract and the west
294	294	right-of-way line of the said Dickerson Road, the following three
295	295	(3) courses and distances:
296	296	1) S48°36'10"W, a distance of 50.41 feet passing a 1/2-inch
297	297	iron rod found, and continuing a total distance of 799.53 feet to an
298	298	8-inch wood Fence Post found for an angle corner,
299	299	2) S48°34'49"W, a distance of 515.97 feet to an 8-inch wood
300	300	Fence Post found for an angle corner, and
301	301	3) S47°56'04"W, a distance of 545.47 feet to a 2-inch metal
302	302	Fence Post found at the lower northeast corner of a called
303	303	150.00-acre tract described in a deed to Robert D. Norris recorded
304	304	in Volume 392, Page 217 [O.P.R.C.C.T.], for the southeast corner of
305	305	the said 150.00-acre tract (Fey Tract), and the tract described
306	306	herein;
307	307	THENCE N41°29'29"W, with the south line of the said 150.00-acre
308	308	tract (Fey Tract) and the north line of the said 150.00-acre tract
309	309	(Norris Tract), a distance of 3,647.86 feet to a Fence Post found
310	310	for the southwest corner of the said 150.00-acre tract (Fey Tract),
311	311	same being on the east line of the said 149.979-acre tract and for
312	312	an angle corner of the said 150.00-acre tract (Norris Tract) and the
313	313	tract described herein;
314	314	THENCE with the lines common to the said 149.979-acre tract and the
315	315	said 150.00-acre tract (Norris Tract), the following two (2)
316	316	courses and distances:
317	317	1) S51°24'05"W, a distance of 601.81 feet to a 1/2-inch iron
318	318	rod with cap stamped "Hinkle" found for the southeast corner of the
319	319	said 149.979-acre tract, same being an angle corner of the said
320	320	150.00-acre tract (Norris Tract) and the tract described herein,
321	321	and
322	322	2) N38°40'27"W, a distance of 1254.84 feet to a 1/2-inch iron
323	323	rod with cap stamped "Hinkle" found on the east line of a called
324	324	150.4-acre tract conveyed to Capital Land Investments I LP (deed of
325	325	record not found, Tax Parcel ID 103433), for the most westerly
326	326	northwest corner of the said 150.00-acre tract (Norris Tract), at
327	327	the southwest corner of the said 149.979-acre tract, and for an
328	328	angle corner of the tract described herein;
329	329	THENCE N48°29'20"E, with the line common to the said 149.979-acre
330	330	tract and the said 150.4-acre tract, a distance of 342.25 feet to a
331	331	1/2-inch iron rod with cap stamped "Hinkle" found for the northeast
332	332	corner of the said 150.4-acre tract, for the southeast corner of the
333	333	said 600.507-acre tract, and for an angle corner of the tract
334	334	described herein;
335	335	THENCE N41°43'31"W, with the south line of the said 600.507-acre
336	336	tract, the north line of the said 150.4-acre tract, and the north
337	337	line of a called 251.37-acre tract described in a deed to Capital
338	338	Land Investments I LP., recorded in Document Number 2020-003860
339	339	[O.P.R.C.C.T.], a distance of 9,229.35 feet to a 1/2-inch iron rod
340	340	with cap stamped "Chap" found on the east right-of-way line of
341	341	Railroad Street, for the most northerly corner of the said
342	342	251.37-are tract, same being the most westerly corner of the said
343	343	600.507-acre tract and the tract described herein;
344	344	THENCE with the east right-of-way line of the said Railroad Street
345	345	and the west line of the said 600.507-acre tract the following two
346	346	(2) courses and distances:
347	347	1) N47°56'05"E, a distance of 346.41 feet to a fence post
348	348	found for an angle corner, and
349	349	2) N37°04'12"W, a distance of 12.70 feet to a fence post
350	350	found for the south corner of the said 25.977-acre tract, same being
351	351	an angle corner of the said 600.507-acre tract and the tract
352	352	described herein;
353	353	THENCE with the east line of the said 25.977-acre tract and the west
354	354	line of the said 600.507-acre tract the following five (5) courses
355	355	and distances:
356	356	1) N48°29'32"E, a distance of 638.15 feet to an 8-inch wood
357	357	Fence Post found for an angle corner,
358	358	2) N60°57'02"E, a distance of 77.24 feet an 8-inch wood Fence
359	359	Post found for an angle corner,
360	360	3) N45°38'08"E, a distance of 812.56 feet to a 4-inch metal
361	361	pipe found for the most easterly corner of the said 25.977-acre
362	362	tract,
363	363	4) S58°09'22"W, a distance of 176.54 feet to a 1/2-inch iron
364	364	rod found for an angle corner,
365	365	5) N41°17'54"W, a distance of 297.33 feet to the POINT OF
366	366	BEGINNING and containing 1,044.73-acres, more or less.
367	367	Basis of bearings is the Texas Coordinate System, South Central
368	368	Zone [4204], NAD83 (2011), Epoch 2010. All distances are surface
369	369	values and may be converted to grid by using the surface adjustment
370	370	factor of 1.00012 using CP1 as point of origin.
371	371	Units: U.S. Survey Feet.
372	372	SECTION 3. (a) The legal notice of the intention to
373	373	introduce this Act, setting forth the general substance of this
374	374	Act, has been published as provided by law, and the notice and a
375	375	copy of this Act have been furnished to all persons, agencies,
376	376	officials, or entities to which they are required to be furnished
377	377	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
378	378	Government Code.
379	379	(b) The governor, one of the required recipients, has
380	380	submitted the notice and Act to the Texas Commission on
381	381	Environmental Quality.
382	382	(c) The Texas Commission on Environmental Quality has filed
383	383	its recommendations relating to this Act with the governor, the
384	384	lieutenant governor, and the speaker of the house of
385	385	representatives within the required time.
386	386	(d) All requirements of the constitution and laws of this
387	387	state and the rules and procedures of the legislature with respect
388	388	to the notice, introduction, and passage of this Act are fulfilled
389	389	and accomplished.
390	390	SECTION 4. (a) If this Act does not receive a two-thirds
391	391	vote of all the members elected to each house, Subchapter C, Chapter
392	392	7961, Special District Local Laws Code, as added by Section 1 of
393	393	this Act, is amended by adding Section 7961.0306 to read as follows:
394	394	Sec. 7961.0306. NO EMINENT DOMAIN POWER. The district may
395	395	not exercise the power of eminent domain.
396	396	(b) This section is not intended to be an expression of a
397	397	legislative interpretation of the requirements of Section 17(c),
398	398	Article I, Texas Constitution.
399	399	SECTION 5. This Act takes effect immediately if it receives
400	400	a vote of two-thirds of all the members elected to each house, as
401	401	provided by Section 39, Article III, Texas Constitution. If this
402	402	Act does not receive the vote necessary for immediate effect, this
403	403	Act takes effect September 1, 2023.
404	404	______________________________ ______________________________
405	405	President of the Senate Speaker of the House
406	406	I hereby certify that S.B. No. 887 passed the Senate on
407	407	May 4, 2023, by the following vote: Yeas 27, Nays 3,
408	408	one present not voting.
409	409	______________________________
410	410	Secretary of the Senate
411	411	I hereby certify that S.B. No. 887 passed the House on
412	412	May 12, 2023, by the following vote: Yeas 108, Nays 32,
413	413	two present not voting.
414	414	______________________________
415	415	Chief Clerk of the House
416	416	Approved:
417	417	______________________________
418	418	Date
419	419	______________________________
420	420	Governor