Texas 2025 - 89th Regular

Texas House Bill HB5375 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Lopez of Cameron H.B. No. 5375
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to creating the NORTHERN CAMERON AND WILLACY COUNTY WATER
7	9		AUTHORITY; providing authority to issue bonds; granting the power
8	10		of eminent domain; providing authority to impose fees.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle X, Title 6, Special District Local Laws
11	13		Code, is amended by adding Chapter 11020 to read as follows:
12	14		CHAPTER 11020. NORTHERN CAMERON AND WILLACY COUNTY WATER AUTHORITY
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 11020.0101. DEFINITIONS. In this chapter:
15	17		(1) "Authority" means the NORTHERN CAMERON AND WILLACY
16	18		COUNTY WATER AUTHORITY.
17	19		(2) "Board" means the board of directors of the
18	20		Authority.
19	21		(3) "Director" means a member of the board.
20	22		(4) "District" means any district or authority created
21	23		under Section 52, Article III, or Section 59, Article XVI, Texas
22	24		Constitution, regardless of the manner of creation.
23	25		(5) "Local government" means:
24	26		(A) a municipality, county, district, or other
25	27		political subdivision of this state;
26	28		(B) a local government corporation;
27	29		(C) a nonprofit corporation created to act on
28	30		behalf of a local government; or
29	31		(D) a combination of two or more of the entities
30	32		described by this subdivision.
31	33		(6) "Private entity" includes an individual,
32	34		corporation, organization, business trust, estate, trust,
33	35		partnership, and association and any other legal entity that is not
34	36		a governmental body or agency.
35	37		(7) "Sponsor" means:
36	38		(A) the initial sponsors of the Authority under
37	39		Section 11020.0105; and
38	40		(B) a local government or private entity added to
39	41		the Authority as a member under Section 11020.0106.
40	42		(8) "Water" includes:
41	43		(A) groundwater, percolating or otherwise,
42	44		notwithstanding the quality of the groundwater;
43	45		Sec. 11020.0102. NATURE OF AUTHORITY. The Authority is a
44	46		regional water authority created under and essential to accomplish
45	47		the purposes of Section 59, Article XVI, Texas Constitution.
46	48		Sec. 11020.0103. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
47	49		(a) The Authority is created to serve a public use and benefit.
48	50		(b) All land and other property included in the territory of
49	51		the Authority will benefit from the works and projects to be
50	52		accomplished by the Authority under powers conferred by Section 59,
51	53		Article XVI, Texas Constitution, and powers granted under this
52	54		chapter.
53	55		Sec. 11020.0104. AUTHORITY TERRITORY. The territory of the
54	56		Authority is composed of the territory:
55	57		(1) of the sponsors, including territory within the
56	58		municipal boundaries of a sponsor that is a municipality;
57	59		(2) if applicable, located in the service areas of the
58	60		sponsors, including the territory within the sponsors'
59	61		certificates of convenience and necessity; and
60	62		(3) added to and not excluded from the Authority in
61	63		accordance with applicable law.
62	64		Sec. 11020.0105. INITIAL SPONSORS. The initial sponsors of
63	65		the Authority are:
64	66		(1) Cameron County;
65	67		(2) Willacy County;
66	68		(3) City of Primera;
67	69		(4) City of La Feria;
68	70		(5) City of San Benito;
69	71		(6) City of Harlingen and Harlingen Water Works System
70	72		(7) City of Rio Hondo
71	73		(8) City of Santa Rosa
72	74		(9) City of Port Isabel
73	75		(10) City of Combes
74	76		(11) City of Lyford
75	77		Sec. 11020.0106. METHOD OF ADDING SPONSORS. (a) A local
76	78		government or a private entity may petition the board to add that
77	79		local government or private entity as a sponsor.
78	80		(b) A petition under Subsection (a) must be submitted in the
79	81		manner and form required by board rule.
80	82		(c) On receipt of a petition under Subsection (a), the board
81	83		shall set a hearing on the petition and provide notice of the date,
82	84		time, place, and purpose of the hearing to:
83	85		(1) the sponsors of the Authority; and
84	86		(2) the petitioning local government or private
85	87		entity.
86	88		(d) At the hearing, the board shall determine whether:
87	89		(1) the local government or private entity will
88	90		benefit from being added to the Authority as a sponsor; and
89	91		(2) it is in the best interest of the Authority to add
90	92		the local government or private entity to the Authority as a
91	93		sponsor.
92	94		(e) If, after a hearing on the petition, the board
93	95		determines that the local government or private entity should be
94	96		added to the Authority as a sponsor, the board shall issue an order:
95	97		(1) adding the local government or private entity to
96	98		the Authority;
97	99		(2) adding the local government's or private entity's
98	100		territory or service area to the territory of the Authority;
99	101		(3) making the local government's or private entity's
100	102		territory or service area subject to the privileges, duties,
101	103		assets, and financial obligations of the Authority to the same
102	104		degree as other sponsors already included in the Authority; and
103	105		(4) stating the effective date of the order.
104	106		(f) If the subject of the order is a local government, the
105	107		effective date of the order must allow enough time for the local
106	108		government to comply with Subsection (g).
107	109		(g) A local government that is the subject of an order
108	110		issued under Subsection (e) shall publish notice of the Authority's
109	111		proposal to add the local government to the Authority as a sponsor.
110	112		The notice must:
111	113		(1) be published in a newspaper of general circulation
112	114		in the county in which the local government is located;
113	115		(2) be published at least once per week for two
114	116		consecutive weeks and with the first publication appearing on or
115	117		before the 14th day before the effective date of the order; and
116	118		(3) state the effective date of the order.
117	119		Sec. 11020.0107. METHOD OF REMOVING SPONSORS. (a) The
118	120		governing body of a sponsor may petition the board to remove the
119	121		entity from the Authority as a sponsor.
120	122		(b) A petition must be submitted in the manner and form
121	123		required by board rule.
122	124		(c) After receiving a petition under Subsection (a), the
123	125		board shall:
124	126		(1) decide whether the petitioning sponsor should be
125	127		removed from the Authority as a sponsor; and
126	128		(2) by order approve, conditionally approve, or
127	129		disapprove the petition.
128	130		(d) The board may not approve a petition submitted under
129	131		this section if that action would impair or violate or conflict with
130	132		the terms of any outstanding bonds, notes, or other obligations of
131	133		the Authority.
132	134		(e) An order issued under Subsection (c) that approves or
133	135		conditionally approves a sponsor's petition to be removed from the
134	136		Authority as a sponsor must address:
135	137		(1) all matters related to the removal as determined
136	138		by the board, including the removal of the territory of the sponsor
137	139		and, if applicable, territory located in the service area of the
138	140		sponsor as provided by the sponsor's certificate of convenience and
139	141		necessity; and
140	142		(2) if applicable, any conditions imposed by the board
141	143		that the petitioning sponsor must satisfy before the board approves
142	144		the petition, which may include:
143	145		(A) payment by the petitioning sponsor of all
144	146		bonds, notes, or other obligations issued by the Authority on
145	147		behalf of the sponsor;
146	148		(B) payment by the petitioning sponsor of the
147	149		sponsor's pro rata share of any bond, note, or other obligation
148	150		issued by the Authority, other than the bonds, notes, or other
149	151		obligations described by Paragraph (A), if the payment is allowed
150	152		under the terms of the bond, note, or other obligation;
151	153		(C) conditions related to the ownership or
152	154		transfer of ownership of real property, facilities, equipment,
153	155		personnel, and supplies; and
154	156		(D) conditions the Authority considers necessary
155	157		for the winding up of activities in connection with the removal of
156	158		the petitioning sponsor as a sponsor from the Authority.
157	159		(f) If the board by order issued under Subsection (c)
158	160		conditionally approves a sponsor's petition, the petitioning
159	161		sponsor remains a sponsor and shall make all payments owed to the
160	162		Authority when due and shall satisfy all conditions included in the
161	163		order. The board shall approve the petition immediately after all
162	164		required payments to the Authority are received and all conditions
163	165		included in the order are satisfied as determined by the board.
164	166		(g) The removal of a sponsor from the Authority under this
165	167		section does not prohibit the former sponsor from contracting with
166	168		the Authority for the provision of water supply, wastewater
167	169		treatment, or other services provided by the Authority.
168	170		Sec. 11020.0108. REAPPORTIONMENT OF DIRECTORS. After the
169	171		addition or removal of a sponsor under this subchapter, the board by
170	172		rule shall reapportion the directors of the Authority among the
171	173		sponsors in accordance with Section 11020.0201(c)(2). The board
172	174		may increase or decrease the number of directors on the board in
173	175		accordance with Section 11020.0201(a).
174	176		Sec. 11020.0109. LIBERAL CONSTRUCTION OF CHAPTER. This
175	177		chapter shall be liberally construed to effect its purposes.
176	178		SUBCHAPTER B. BOARD OF DIRECTORS
177	179		Sec. 11020.0201. DIRECTORS. (a) Except for the initial
178	180		board of directors, the Authority is governed by a board of
179	181		directors consisting of at least 5 and not more than 18 members.
180	182		(b) The board is responsible for the management, operation,
181	183		and control of the Authority.
182	184		(c) The board by rule shall:
183	185		(1) establish the number of directors of the
184	186		Authority; and
185	187		(2) apportion the directors for each sponsor based on
186	188		the amount of water contracted to be supplied to the sponsor under
187	189		the terms of the Authority's water supply contract with the
188	190		sponsor, subject to Section 11020.0203(a).
189	191		Sec. 11020.0202. ELIGIBILITY TO SERVE AS DIRECTOR. (a) To
190	192		be eligible to serve as a director, a person must be:
191	193		(1) at least 18 years of age; and
192	194		(2) a resident of the territory located in the
193	195		Authority or an employee of a sponsor.
194	196		(b) A director who also serves on the governing body of a
195	197		sponsor is not a dual officeholder and is not prohibited by the
196	198		common law doctrine of incompatibility from serving on both the
197	199		board and the governing body.
198	200		(c) Service on the board by a public officeholder is an
199	201		additional duty of that person's office.
200	202		Sec. 11020.0203. APPOINTMENT OF DIRECTORS. (a) Each
201	203		sponsor is entitled to appoint at least one director.
202	204		(b) Each director must be appointed by the governing body of
203	205		a sponsor in accordance with the rules adopted under Section
204	206		11020.0201 that govern the apportionment of directors among the
205	207		sponsors.
206	208		(c) Each sponsor shall appoint the appropriate number of
207	209		directors not earlier than January 1 and not later than February 28
208	210		of each year.
209	211		Sec. 11020.0204. TERMS OF OFFICE. (a) Directors serve
210	212		staggered three-year terms, with one-third or as near as possible
211	213		to one-third of the members' terms expiring February 28 of each
212	214		year.
213	215		(b) A director's term begins on March 1 of the year the
214	216		director is appointed.
215	217		(c) A director may not serve more than five consecutive
216	218		terms as a director.
217	219		Sec. 11020.0205. REMOVAL OF DIRECTOR. A sponsor that
218	220		appoints a director may remove the director from office at any time,
219	221		with or without cause.
220	222		Sec. 11020.0206. BOARD VACANCY. If there is a vacancy on
221	223		the board, the governing body of the sponsor that appointed the
222	224		director who vacated the office shall appoint a director to serve
223	225		the remainder of the term.
224	226		Sec. 11020.0207. VOTING AUTHORITY. (a) Except as provided
225	227		by Subsection (b), each director is entitled to one vote on any
226	228		issue before the board.
227	229		(b) The board may establish a graduated voting procedure
228	230		after each sponsor has appointed a director to the board.
229	231		Sec. 11020.0208. OFFICERS. At the first meeting of the
230	232		board after March 1 of each year, the board shall elect officers for
231	233		the Authority, including a chair, vice chair, secretary, and
232	234		treasurer.
233	235		Sec. 11020.0209. MEETINGS AND ACTIONS OF BOARD; QUORUM.
234	236		(a) The board may meet as many times each year as the board
235	237		considers appropriate.
236	238		(b) A concurrence of a majority of the directors present and
237	239		voting is sufficient for transacting any business of the Authority
238	240		unless other applicable law, or the Authority by rule, requires a
239	241		concurrence of a greater number of directors for a specific type of
240	242		decision.
241	243		(c) Directors of the Authority are public officials and are
242	244		entitled to governmental immunity for their actions in their
243	245		capacity as directors and officers of the Authority.
244	246		SUBCHAPTER C. POWERS AND DUTIES
245	247		Sec. 11020.0301. GENERAL POWERS AND DUTIES. (a) The
246	248		Authority may:
247	249		(1) acquire, purchase, own, hold, lease, construct,
248	250		improve, and maintain a reservoir, groundwater well, or other
249	251		source of water supply, including:
250	252		(A) groundwater, and
251	253		(B) aquifer storage and recovery facilities;
252	254		(2) acquire, own, construct, operate, repair,
253	255		improve, maintain, or extend, inside or outside the Authority's
254	256		boundaries, water and wastewater works, improvements, facilities,
255	257		plants, pipelines, equipment, and appliances for:
256	258		(A) the treatment and transportation of water and
257	259		wastewater;
258	260		(B) the direct or indirect reuse of wastewater;
259	261		(C) aquifer storage and recovery projects; and
260	262		(D) the provision of wholesale water and
261	263		wastewater services to Authority customers, municipalities,
262	264		districts, water supply corporations, and other persons in this
263	265		state;
264	266		(3) acquire, purchase, own, hold, lease, and maintain
265	267		interests, including capacity rights and other contractual rights,
266	268		in sources of water supply, reservoirs, groundwater wells,
267	269		treatment works, improvements, facilities, plants, equipment,
268	270		appliances, aquifer storage and recovery projects, and the direct
269	271		or indirect reuse of wastewater;
270	272		(4) finance any purchase or acquisition through a
271	273		bond, note, or other obligation under Subchapter E, or through a
272	274		lease-purchase agreement; and
273	275		(5) sell, lease, convey, or otherwise dispose of any
274	276		right, interest, or property the Authority considers to be
275	277		unnecessary for the efficient operation or maintenance of the
276	278		Authority's facilities.
277	279		(b) In addition to the powers specifically provided by this
278	280		chapter, the Authority may exercise the powers provided by Section
279	281		65.201, Water Code.
280	282		Sec. 11020.0302. AUTHORITY POLICIES, RULES, AND BYLAWS.
281	283		The Authority may adopt and enforce policies, rules, and bylaws
282	284		reasonably required to implement this chapter, including rules
283	285		governing procedures before the board and rules regarding
284	286		implementation, enforcement, and any other matters related to the
285	287		exercise of the rights, powers, privileges, and functions conferred
286	288		on the Authority by this chapter for the provision of water and
287	289		wastewater service.
288	290		Sec. 11020.0303. EMINENT DOMAIN. (a) The Authority may
289	291		exercise the power of eminent domain to acquire a fee simple or
290	292		other interest in property if the interest is necessary for the
291	293		Authority to exercise the rights or authority conferred by this
292	294		chapter.
293	295		(b) The Authority shall exercise the right of eminent domain
294	296		in the manner provided by Chapter 21, Property Code. The Authority
295	297		is not required to give bond for appeal or bond for costs in a
296	298		condemnation suit or other suit to which it is a party.
297	299		(c) The Authority may not use the power of eminent domain
298	300		for the condemnation of land for the purpose of acquiring rights to
299	301		groundwater or for the purpose of acquiring water or water rights.
300	302		Sec. 11020.0304. WATER CONSERVATION OR DROUGHT CONTINGENCY
301	303		PLANS. The Authority by rule may develop, prepare, revise, adopt,
302	304		implement, enforce, and manage water conservation or drought
303	305		contingency plans for the Authority or any portion of the
304	306		Authority.
305	307		Sec. 11020.0305. SPONSOR CONVEYANCES AND ACQUISITIONS. (a)
306	308		In this section, "utility system" has the meaning assigned by
307	309		Section 1502.001, Government Code.
308	310		(b) A sponsor may convey a utility system facility or asset
309	311		or the sponsor's interest in a utility system facility or asset to
310	312		the Authority without holding an election to approve the
311	313		conveyance.
312	314		(c) A sponsor is exempt from the provisions of Chapter 1502,
313	315		Government Code, regarding the conveyance, sale, or acquisition of
314	316		a utility system, or any related works, improvements, facilities,
315	317		plants, equipment, or appliances.
316	318		Sec. 11020.0306. CONTRACTS. (a) The Authority may
317	319		contract with any person to carry out a power authorized by this
318	320		chapter.
319	321		(b) A person who enters into a contract with the Authority
320	322		may pledge to the payment of the contract any source of revenue that
321	323		may be available to the person, including ad valorem taxes, if the
322	324		person has the authority to impose those taxes.
323	325		(c) Payments made under a contract with the Authority
324	326		constitute an operating expense of the person served under the
325	327		contract, unless otherwise prohibited by a previously outstanding
326	328		obligation of the person. To the extent a person pledges funds to
327	329		the payment of the contract that are to be derived from the person's
328	330		own water system, the payments constitute an operating expense of
329	331		that system.
330	332		Sec. 11020.0307. COOPERATIVE CONTRACTS. The Authority may
331	333		enter into an interlocal contract with a local government under
332	334		Chapter 791, Government Code, to carry out a power of the Authority.
333	335		Sec. 11020.0308. RATES AND FEES. (a) The Authority shall
334	336		establish rates and fees to be assessed against sponsors and
335	337		customers of the Authority. The rates and fees may be established
336	338		by classes of customers, by project, or by area of service.
337	339		(b) A sponsor, local government, water supply corporation,
338	340		private entity, or other person that contracts with the Authority
339	341		shall establish, charge, and collect fees, rates, charges, rentals,
340	342		and other amounts for any service or facility provided under or in
341	343		connection with a contract with the Authority and shall pledge
342	344		sufficient amounts to make all payments required under the
343	345		contract.
344	346		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
345	347		Sec. 11020.0401. AD VALOREM TAXES PROHIBITED. The
346	348		Authority may not impose an ad valorem tax.
347	349		Sec. 11020.0402. GIFTS, GRANTS, LOANS, AND OTHER MONEY.
348	350		The Authority may apply for, accept, receive, and administer gifts,
349	351		grants, loans, and other money available from any source.
350	352		SUBCHAPTER E. BONDS, NOTES, AND OTHER OBLIGATIONS
351	353		Sec. 11020.0501. REVENUE BONDS, NOTES, AND OTHER
352	354		OBLIGATIONS. (a) In addition to bonds, notes, and other
353	355		obligations that the Authority is authorized to issue under other
354	356		law, to accomplish the purposes of the Authority, the Authority may
355	357		issue bonds, notes, or other obligations payable solely from and
356	358		secured by all or part of any funds or any revenue from any source or
357	359		sources, including:
358	360		(1) fees, rates, and other charges the Authority
359	361		imposes or collects;
360	362		(2) the sale of:
361	363		(A) water;
362	364		(B) water or wastewater services;
363	365		(C) water rights or capacity;
364	366		(D) water transmission rights, capacity, or
365	367		services;
366	368		(E) water pumping;
367	369		(F) wastewater reused directly or indirectly;
368	370		(G) aquifer storage and recovery services; or
369	371		(H) any other service or product of the Authority
370	372		provided inside or outside the boundaries of the Authority;
371	373		(3) grants or gifts;
372	374		(4) the ownership or operation of all or a designated
373	375		part of the Authority's works, improvements, facilities, plants, or
374	376		equipment; and
375	377		(5) the proceeds of contracts.
376	378		(b) Bonds, notes, or other obligations issued by the
377	379		Authority may be first or subordinate lien obligations at the
378	380		board's discretion.
379	381		(c) In connection with any bonds, notes, or other
380	382		obligations of the Authority, the Authority may exercise any power
381	383		of an issuer under Chapter 1371, Government Code.
382	384		(d) The Authority may conduct a public, private, or
383	385		negotiated sale of the bonds, notes, or other obligations.
384	386		(e) The Authority may enter into one or more indentures of
385	387		trust to further secure its bonds, notes, or other obligations.
386	388		(f) The Authority may issue bonds, notes, or other
387	389		obligations in more than one series as necessary to carry out the
388	390		purposes of this chapter. In issuing bonds, notes, or other
389	391		obligations secured by revenue of the Authority, the Authority may
390	392		reserve the right to issue additional bonds, notes, or other
391	393		obligations secured by the Authority's revenue that are on parity
392	394		with or are senior or subordinate to the bonds, notes, or other
393	395		obligations issued earlier.
394	396		(g) A resolution of the board or a trust indenture securing
395	397		the bonds, notes, or other obligations may specify additional
396	398		provisions that constitute a contract between the Authority and the
397	399		Authority's bondholders, noteholders, or other obligation holders.
398	400		(h) Bonds, notes, or other obligations may be additionally
399	401		secured by deed of trust or mortgage on any or all of the
400	402		Authority's facilities.
401	403		(i) The authority provided by this chapter for the
402	404		authorization and issuance of bonds, notes, and other obligations
403	405		is in addition to, and not in lieu of, the authority otherwise
404	406		established under general law and may not be construed as a
405	407		limitation on, or a modification of, general law providing for
406	408		authorization and issuance of bonds, notes, and other forms of
407	409		obligations. Nothing in this chapter may be construed as affecting
408	410		any existing contract, bond, note, or other obligation of the
409	411		Authority or any indenture, covenant, mortgage, or other agreement
410	412		relating to them.
411	413		Sec. 11020.0502. ELECTION NOT REQUIRED. The Authority is
412	414		not required to hold an election to approve the issuance of revenue
413	415		bonds or notes or of other obligations under this subchapter.
414	416		Sec. 11020.0503. USE OF REVENUE AND GROWTH PROJECTIONS.
415	417		For the purposes of attorney general review and approval and in lieu
416	418		of any other manner of demonstrating the ability to pay debt service
417	419		and satisfy any other pecuniary obligations relating to bonds,
418	420		notes, or other obligations, the Authority may demonstrate the
419	421		Authority's ability to satisfy the debt service and those
420	422		obligations using accumulated funds of the Authority and revenue
421	423		and growth projections prepared by a professional utility rate
422	424		consultant at the direction of the Authority. If the resolution
423	425		authorizing the issuance of the bonds, notes, or other obligations
424	426		provides that the Authority intends to increase rates to the extent
425	427		necessary to pay debt service and satisfy any other pecuniary
426	428		obligations arising under the bonds, notes, or other obligations,
427	429		the revenue projections prepared by a professional utility rate
428	430		consultant may include forecast rate increases and accumulated and
429	431		available fund balances as determined by the Authority.
430	432		Sec. 11020.0504. REFUNDING BONDS. The Authority may issue
431	433		refunding bonds, notes, and other obligations to refund any of its
432	434		bonds, notes, or other obligations in any manner provided by law,
433	435		including Chapter 1207, Government Code.
434	436		Sec. 11020.0505. BONDS, NOTES, AND OTHER OBLIGATIONS EXEMPT
435	437		FROM TAXATION. A bond, note, or other obligation issued under this
436	438		chapter, a transaction related to the bond, note, or other
437	439		obligation, the interest on the bond, note, or other obligation,
438	440		and the profit from the sale of the bond, note, or other obligation
439	441		are exempt from taxation by this state or a political subdivision of
440	442		this state.
441	443		SECTION 2. (a) The sponsors of the Authority shall appoint
442	444		the initial directors under Section 11020.0203, Special District
443	445		Local Laws Code, as added by this Act, not earlier than 30 days and
444	446		not later than 90 days after the effective date of this Act.
445	447		(b) As soon as practicable after the initial directors have
446	448		been appointed under Section 11020.0203, Special District Local
447	449		Laws Code, as added by this Act, the initial directors shall draw
448	450		lots to determine which directors serve a one-year term expiring
449	451		February 28, 2027, which directors serve a two-year term expiring
450	452		February 28, 2028, and which directors serve a three-year term
451	453		expiring February 28, 2029. The lots must be split into thirds or
452	454		as near to thirds as possible.
453	455		SECTION 3. (a) The legal notice of the intention to
454	456		introduce this Act, setting forth the general substance of this
455	457		Act, has been published as provided by law, and the notice and a
456	458		copy of this Act have been furnished to all persons, agencies,
457	459		officials, or entities to which they are required to be furnished
458	460		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
459	461		Government Code.
460	462		(b) The governor, one of the required recipients, has
461	463		submitted the notice and Act to the Texas Commission on
462	464		Environmental Quality.
463	465		(c) The Texas Commission on Environmental Quality has filed
464	466		its recommendations relating to this Act with the governor, the
465	467		lieutenant governor, and the speaker of the house of
466	468		representatives within the required time.
467	469		(d) All requirements of the constitution and laws of this
468	470		state and the rules and procedures of the legislature with respect
469	471		to the notice, introduction, and passage of this Act are fulfilled
470	472		and accomplished.
471	473		SECTION 4. (a) If this Act does not receive a two-thirds
472	474		vote of all the members elected to each house, Subchapter C, Chapter
473	475		11020, Special District Local Laws Code, as added by Section 1 of
474	476		this Act, is amended by adding Section 11020.0309 to read as
475	477		follows:
476	478		Sec. 11020.0309. NO EMINENT DOMAIN POWER. The district may
477	479		not exercise the power of eminent domain.
478	480		(b) This section is not intended to be an expression of a
479	481		legislative interpretation of the requirements of Section 17(c),
480	482		Article I, Texas Constitution.
481	483		SECTION 5. This Act takes effect immediately if it receives
482	484		a vote of two-thirds of all the members elected to each house, as
483	485		provided by Section 39, Article III, Texas Constitution. If this
484	486		Act does not receive the vote necessary for immediate effect, this
485	487		Act takes effect September 1, 2025.