89R17789 SCR-F
By: Lalani H.B. No. 5656
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 263; 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 8018A to read as follows:
CHAPTER 8018A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 263
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8018A.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 Fort Bend County Municipal
Utility District No. 263.
Sec. 8018A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8018A.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. 8018A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8018A.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. 8018A.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. 8018A.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. 8018A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 8018A.0202, directors
serve staggered four-year terms.
Sec. 8018A.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8018A.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 8018A.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 8018A.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. 8018A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8018A.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. 8018A.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. 8018A.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. 8018A.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. 8018A.0306. DIVISION OF DISTRICT. This chapter
applies to any new district created by the division of the district
under Section 49.316, Water Code, and a new district has all the
powers and duties of the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8018A.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
8018A.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. 8018A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8018A.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. 8018A.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. 8018A.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. 8018A.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. 8018A.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 Fort Bend County Municipal Utility District
No. 263 initially includes all the territory contained in the
following area:
Being all of the following tracts of land: a 721.9 acre tract
of land (Tract A) located in the W. Morton Survey, A-62, an 812.1
acre tract of land (Tract B), a 79.97 acre tract of land (Tract C)
and a 3.019 acre tract of land (Tract D) located in the J. Wilkins
Survey, A-96 and the J.H. Cartwright Survey, A-16 in Fort Bend
County, Texas; said 721.9 acre tract being all of the remainder of
"TRACT 3" (called 575.744 acres) and all of "TRACT 4" (called
49.1434 acres) recorded in Clerk's File Number 9632563 of the
Official Records of Fort Bend County (O.R.F.B.C.), all of a called
103.039 acre tract of land recorded as "TRACT THREE" in Clerk's File
Number 2018058651 of the O.R.F.B.C., and all of the remainder of a
called 19.4224 acre tract of land recorded in Clerk's File Number
2002071030 of the O.R.F.B.C.; said 812.1 acre tract being all of a
called 317.812 acre tract of land and all of a called 186.183 acre
tract of land recorded in Clerk's File Number 2018058651 of the
O.R.F.B.C., and all of "TRACT 9" (called 307.968 acres) recorded in
Clerks File Number 9632563 of the O.R.F.B.C., said 79.97 acre tract
being all of a called 79.967 acre tract of land recorded in Clerk's
File Number 2018058651 of the O.R.F.B.C., and said 3.019 acre tract
being all of a called 3.019 acre tract of land recorded in Clerk's
File Number 2018058651 of the O.R.F.B.C.; said tracts being more
particularly described by metes and bounds as follows (all bearings
are based on the Texas Coordinate System, South Central Zone):
TRACT "A": 721.9 ACRES
BEGINNING at a 5/8-inch iron rod found for the northwest
corner of said 575.744 acre tract and the southwest corner of
Plantation Crossing, a subdivision recorded in Slide Number 2047A
of the Fort Bend County Plat Records (F.B.C.P.R.), same being on the
east line of the Replat of Pecan Grove Plantation Section 5, a
subdivision recorded in Slide Number 685A of the F.B.C.P.R.;
THENCE: N 87°38'06" E, along and with the common line of said
575.744 acre tract and said Plantation Crossing and the south line
of Reserve "B-2" of Plantation Crossing Subdivision Partial Replat
No. 1 of Unrestricted Reserve "B", a subdivision recorded in Plat
Number 20100032 of the F.B.C.P.R., a distance of 1,888.98 feet to a
5/8-inch iron rod (bent) found at the northeast corner of said
575.744 acre tract and the southeast corner of said Plantation
Crossing, same being on the west Right-of-Way (R.O.W.) line of
Harlem Road (width varies-minimum 140-feet wide) as recorded in
Volume 63, Page 203 of the Fort Bend County Deed Records
(F.B.C.D.R.) and in Clerk's File Numbers 2010100611, 2011015402 and
2011015403 of the O.R.F.B.C.;
THENCE: Along and with said west R.O.W. line, the following
four (4) courses and distances:
S 03°26'34" E, a distance of 1,780.95 feet to a point,
S 02°54'24" E, a distance of 599.47 feet to a 5/8-inch iron rod
with cap stamped "LANDTECH" found,
S 02°21'25" E, a distance of 329.14 feet to a 5/8-inch iron rod
with cap stamped "LANDTECH" found, and
S 02°07'07" E, a distance of 2,791.77 feet to a 3/4-inch iron
rod with cap stamped "WEISSER ENG" found at the northeast corner of
a called 2.817 acre tract of land recorded in Clerk's File Number
2021161425 of the O.R.F.B.C.;
THENCE: S 87°51'34" W, along and with the north line of said
2.817 acre tract, a distance of 875.94 feet to a 3/4-inch iron rod
with cap stamped "WEISSER ENG" found at the northwest corner of said
2.817 acre tract, same being on the east line of aforesaid 103.039
acre tract;
THENCE: S 01°46'00" E, along and with the common line of said
2.817 acre tract and said 103.039 acre tract, a distance of 139.87
feet to a 1/2-inch iron rod found at the southwest corner of said
2.817 acre tract and the northwest corner of a called 10.00 acre
tract of land recorded in Volume 2491, Page 256 of the F.B.C.D.R.;
THENCE: S 01°53'54" E, along and with the common line of said
103.039 acre tract and said 10.00 acre tract, a distance of 496.44
feet to a 1-inch iron pipe found at the southwest corner of said
10.00 acre tract and the northwest corner of aforesaid 49.1434 acre
tract;
THENCE: N 87°52'26" E, along and with the common line of said
10.00 acre tract and said 49.1434 acre tract, a distance of 878.71
feet to a 5/8-inch iron rod found at the southeast corner of said
10.00 acre tract and the northeast corner of said 49.1434 acre
tract, same being on the west R.O.W. line of aforesaid Harlem Road;
THENCE: S 02°07'07" E, along and with said west R.O.W. line, a
distance of 2,470.38 feet to a 5/8-inch iron rod with cap stamped
"WINDROSE" found at the southeast corner of said 49.1434 acre tract
and the northeast corner of a called 6.170 acre tract of land
recorded in Clerk's File Number 2013073107 of the O.R.F.B.C.;
THENCE: S 87°54'25" W, along and with the common line of said
49.1434 acre tract and said 6.170 acre tract and with the north line
of the remainder of a called 6.555 acre tract of land recorded in
Clerk's File Number 2008022579 of the O.R.F.B.C., a distance of
887.56 feet to a 3-inch iron pipe found at the southwest corner of
said 49.1434 acre tract and the northwest corner of said 6.555 acre
tract, same being on the east line of aforesaid 103.039 acre tract;
THENCE: S 01°54'40" E, along and with the common line of said
103.039 acre tract and said 6.555 acre tract and with the west line
of said 6.170 acre tract, a distance of 372.49 feet to a 3/4-inch
iron rod found at the southeast corner of said 103.039 acre tract
and the southwest corner of said 6.170 acre tract, same being on the
north line of the Union Pacific Railroad tract (100-feet wide) as
recorded in Volume 15, Page 218, Volume 59, Page 315, Volume 64,
Page 182 and Volume 95, Page 24 of the F.B.C.D.R;
THENCE: S 81°27'29" W, along and with the common line of said
Railroad tract and said 103.039 acre tract and with the south line
of aforesaid 575.744 acre tract, a distance of 5,473.20 feet to a
1-inch iron pipe found on the east R.O.W. line of Pitts Road (width
varies) as recorded in Clerk's File Number 9509356 of the
O.R.F.B.C.;
THENCE: N 02°09'49" W, along and with said east R.O.W. line, a
distance of 3,187.67 feet to a 1-inch iron pipe (bent) found on the
common line of aforesaid 575.744 acre tract and a called 39.8846
acre tract of land recorded in Volume 2166, Page 1939 of the
O.R.F.B.C.;
THENCE: N 89°03'34" E, along and with said common line, a
distance of 1,465.14 feet to a 1-inch iron pipe found at the
southeast corner of said 39.8846 acre tract and the southwest
corner of a called 4.6051 acre tract of land recorded in Clerk's
File Number 2005101569 of the O.R.F.B.C.;
THENCE: N 88°53'30" E, along and with the common line of said
575.744 acre tract and said 4.6051 acre tract and with the south
line of a called 3.7506 acre tract of land and a called 3.7803 acre
tract of land also recorded in Clerk's File Number 2005101569 of the
O.R.F.B.C., a distance of 759.44 feet to a 1-inch iron pipe found at
the southeast corner of said 3.7803 acre tract and the southwest
corner of The Grove Section 5, a subdivision recorded in Slide
Number 554A of the F.B.C.P.R.;
THENCE: N 88°51'35" E, along and with the common line of said
subdivision and said 575.744 acre tract and with the south line of a
called 22.0959 acre tract of land recorded in Clerk's File Number
2015102372 of the O.R.F.B.C., a distance of 1,637.79 feet to a
5/8-inch iron rod with cap stamped "COTTON SURVEYING" found at the
southeast corner of said 22.0959 acre tract;
THENCE: Along and with the east line of said 22.0959 acre
tract, the following three (3) courses and distances:
N 02°37'41" W, a distance of 4,075.39 feet to a point,
N 87°13'51" E, a distance of 599.62 feet to a 5/8-inch iron rod
with cap found, and
N 03°14'20" W, a distance of 513.53 feet to a 1/2-inch iron
pipe found at the northeast corner of said 22.0959 acre tract and
the southeast corner of Pecan Grove Plantation Section 4, a
subdivision recorded in Volume 27, Page 6 of the F.B.C.P.R., same
being on the west line of aforesaid 575.744 acre tract;
THENCE: N 02°52'04" W, along and with the common line of said
575.744 acre tract and said subdivision and with the east line of
aforesaid Pecan Grove Plantation Section 5, a distance of 1,872.48
feet to the Point of Beginning and containing 721.9 acres of land.
TRACT B: 812.1 ACRES
BEGINNING: At a 5/8-inch iron rod found for the northwest
corner of aforesaid 317.812 acre tract and the southwest corner of a
called 145.368 acre tract of land recorded in Clerk's File Number
2017087205 of the O.R.F.B.C., same being on the east R.O.W. line of
aforesaid Harlem Road;
THENCE: N 86°48'57" E, along and with the north line of said
317.812 acre tract, the north line of aforesaid 307.968 acre tract,
the north line of aforesaid 186.183 acre tract, the south line of
said 145.368 acre tract and the south line of a called 143.287 acre
tract recorded in said Clerk's File Number 2017087205 of the
O.R.F.B.C., a distance of 6,884.55 feet to a 5/8-inch iron rod found
at the northeast corner of said 186.183 acre tract and the southeast
corner of said 143.287 acre tract, same being on the west R.O.W.
line of the Grand Parkway (Highway 99) (width varies) as recorded
in Clerk's File Number 9830483 of the O.R.F.B.C.;
THENCE: Along and with said west R.O.W. line, the following
six (6) courses and distances:
S 42°12'55" E, a distance of 228.10 feet to a found TXDOT Disk,
Southeasterly along the arc of a curve to the right, having a
radius of 5,579.59 feet, a central angle of 16°01' 18", a chord
bearing and distance of S 34°12'17" E, 1,555.13 feet, for an arc
length of, 1,560.21 feet to a found TXDOT Disk,
S 26°11'38" E, a distance of 788.16 feet to a found 1/2-iron
rod,
S 88°31'13" W, a distance of 66.04 feet to a found TXDOT Disk,
S 26°12'25" E, a distance of 1,235.45 feet to a found TXDOT
Disk, and
S 17°52'00" E, at a distance of 560.55 feet passing a 5/8-inch
iron rod with cap found and continuing for a total distance of
621.35 feet to the southeast corner of aforesaid 186.183 acre
tract, same being on the north line of aforesaid Union Pacific
Railroad (75-feet wide) as recorded in Volume 15, Page 218, Volume
59, Page 315, Volume 59, Page 183 and Volume 95, Page 24 of the
F.B.C.D.R;
THENCE: S 81°27'54" W, along and with the common line of said
186.183 acre tract and said Railroad tract and with the south line
of aforesaid 307.968 acre tract and aforesaid 317.812 acre tract, a
distance of 8,839.89 feet to the southwest corner of said 317.812
acre tract, being on the east R.O.W. line of aforesaid Harlem Road;
THENCE: N 02°07'07" W, along and with said east R.O.W. line, a
distance of 4,796.72 feet to the Point of Beginning and containing
812.1 acres of land.
TRACT C: 79.97 ACRES
BEGINNING: At the northwest corner of aforesaid called 79.967
acre tract and the southwest corner of Windsor Estates Sec 3, a
subdivision recorded in Plat Number 20140040 of the F.B.C.P.R.,
same being on the northeasterly R.O.W. line of aforesaid Grand
Parkway, from which a 5/8-inch iron rod found bears S58°28'30"E, a
distance of 0.60 feet;
THENCE: N 86°48'57" E, along and with the north line of said
79.967 acre tract, the south line of said Sec 3 and the south line of
Windsor Estates Sec 1, a subdivision recorded in Plat Number
20130085 of the F.B.C.P.R., a distance of 2,061.83 feet to the
northeast corner of said 79.967 acre tract, same being on the west
R.O.W. line of F.M. 1464 (width varies) as recorded in Clerk's File
Numbers 2010065925, 2010067366 and 2010054458 of the O.R.F.B.C.;
THENCE: Along and with said west R.O.W. line, the following
eight (8) courses and distances:
S 02°29'10" E, a distance of 1,931.46 feet to a found 5/8-inch
iron rod,
S 87°34'52" W, a distance of 238.37 feet to a found 5/8-inch
iron rod (bent),
S 02°28'00" E, a distance of 373.47 feet to a found TXDOT Disk,
S 58°47'14" E, a distance of 204.28 feet to a found 5/8-inch
iron rod with cap (bent),
S 02°27'37" E, a distance of 318.23 feet to a found 5/8-inch
iron rod,
S 25°12'50" E, a distance of 137.03 feet to a point,
S 02°27'37" E, a distance of 64.38 feet to a found 5/8-inch
iron rod that bears S61°52'50"E, a distance of 1.00 feet, and
Southwesterly, along the arc of a curve to the right, having a
radius of 425.00 feet, a central angle of 65°11' 24", a chord bearing
and distance of S 48°38'51" W, 457.89 feet, for an arc length of
483.56 feet to the east R.O.W. line of aforesaid Grand Parkway, from
which a TXDOT Disk found bears N77°48'02"E, a distance of 0.7 feet;
THENCE: Along and with the east R.O.W. line of said Grand
Parkway, the following four (4) courses and distances:
N 26°12'25" W, a distance of 1,046.40 feet to a TXDOT Disk
found,
S 88°31'13" W, a distance of 44.09 feet to a TXDOT Disk found,
N 26°11'38" W, a distance of 926.23 feet to a TXDOT Disk found,
and
Northwesterly, along a curve to the left, having a radius of
5,879.59 feet, a central angle of 15°52' 28", a chord bearing and
distance of
N 34°07'52" W, 1,623.81 feet for an arc length of 1,629.01
feet to the Point of Beginning and containing 79.97 acres of land.
TRACT D: 3.019 ACRES
BEGINNING: At a TXDOT Disk found for at north end of a cutback
at the intersection of the southeast R.O.W. line of aforesaid F.M.
1464 with the east R.O.W. line of aforesaid Grand Parkway and being
a northwest corner of aforesaid 3.019 acre tract;
THENCE: Along and with the southeast R.O.W. line of said F.M.
1464, the following seven (7) courses and distances:
Northeasterly, along a curve to the left having a radius of
548.22 feet, a central angle of 30°46' 40", a chord bearing and
distance of N 66°01'51" E, 290.96 feet for an arc length of 294.49
feet to a found TXDOT Disk,
S 89°19'20" E, a distance of 44.86 feet to a found TXDOT Disk,
S 47°43'32" E, a distance of 33.66 feet to a found 5/8-inch
iron rod that bears N75°36'31"W, a distance of 1.5 feet,
S 02°21'21" E, a distance of 204.21 feet to a found 5/8-inch
iron rod,
S 04°43'36" E, a distance of 239.96 feet to a found TXDOT Disk,
S 38°30'36" W, a distance of 87.66 feet to a found TXDOT Disk,
and
S 81°19'35" W, a distance of 89.98 feet to a found 5/8-inch
iron rod in concrete at the east R.O.W. line of aforesaid Grand
Parkway;
THENCE: N 32°31'32" W, along and with said east R.O.W. line, a
distance of 451.59 feet to the south end of aforesaid cutback line;
THENCE: N 24°27'31" E, along and with said cutback line, a
distance of 54.43 feet to the Point of Beginning and containing
3.019 acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8018A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8018A.0307 to read as
follows:
Sec. 8018A.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, 2025.