Texas 2025 - 89th Regular

Texas Senate Bill SB3035 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R20472 MP-F
2	2	By: Creighton S.B. No. 3035
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4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Montgomery County Water Control and
10	10	Improvement District No. 7; granting a limited power of eminent
11	11	domain; providing authority to issue bonds; providing authority to
12	12	impose assessments, fees, and taxes.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle I, Title 6, Special District Local Laws
15	15	Code, is amended by adding Chapter 9094 to read as follows:
16	16	CHAPTER 9094. MONTGOMERY COUNTY WATER CONTROL AND IMPROVEMENT
17	17	DISTRICT NO. 7
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 9094.0101. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "Commission" means the Texas Commission on
22	22	Environmental Quality.
23	23	(3) "Director" means a board member.
24	24	(4) "District" means the Montgomery County Water
25	25	Control and Improvement District No. 7.
26	26	Sec. 9094.0102. NATURE OF DISTRICT. The district is a water
27	27	control and improvement district created under Section 59, Article
28	28	XVI, Texas Constitution.
29	29	Sec. 9094.0103. CONFIRMATION AND DIRECTOR ELECTION
30	30	REQUIRED. The temporary directors shall hold an election to
31	31	confirm the creation of the district and to elect five permanent
32	32	directors as provided by Section 49.102, Water Code.
33	33	Sec. 9094.0104. CONSENT OF MUNICIPALITY REQUIRED. The
34	34	temporary directors may not hold an election under Section
35	35	9094.0103 until each municipality in whose corporate limits or
36	36	extraterritorial jurisdiction the district is located has
37	37	consented by ordinance or resolution to the creation of the
38	38	district and to the inclusion of land in the district as required by
39	39	applicable law.
40	40	Sec. 9094.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	41	(a) The district is created to serve a public purpose and benefit.
42	42	(b) The district is created to accomplish the purposes of:
43	43	(1) a water control and improvement district as
44	44	provided by general law and Section 59, Article XVI, Texas
45	45	Constitution, including the collection, transportation,
46	46	processing, disposal, and control of domestic, industrial, or
47	47	communal waste and the gathering, conducting, diverting, and
48	48	control of local stormwater or other harmful excesses of water; and
49	49	(2) Section 52, Article III, Texas Constitution, that
50	50	relate to the construction, acquisition, improvement, operation,
51	51	or maintenance of macadamized, graveled, or paved roads, or
52	52	improvements, including storm drainage, in aid of those roads.
53	53	Sec. 9094.0106. INITIAL DISTRICT TERRITORY. (a) The
54	54	district is initially composed of the territory described by
55	55	Section 2 of the Act enacting this chapter.
56	56	(b) The boundaries and field notes contained in Section 2 of
57	57	the Act enacting this chapter form a closure. A mistake made in the
58	58	field notes or in copying the field notes in the legislative process
59	59	does not affect the district's:
60	60	(1) organization, existence, or validity;
61	61	(2) right to issue any type of bond for the purposes
62	62	for which the district is created or to pay the principal of and
63	63	interest on a bond;
64	64	(3) right to impose a tax; or
65	65	(4) legality or operation.
66	66	SUBCHAPTER B. BOARD OF DIRECTORS
67	67	Sec. 9094.0201. GOVERNING BODY; TERMS. (a) The district is
68	68	governed by a board of five elected directors.
69	69	(b) Except as provided by Section 9094.0202, directors
70	70	serve staggered four-year terms.
71	71	Sec. 9094.0202. TEMPORARY DIRECTORS. (a) On or after the
72	72	effective date of the Act enacting this chapter, the owner or owners
73	73	of a majority of the assessed value of the real property in the
74	74	district may submit a petition to the commission requesting that
75	75	the commission appoint as temporary directors the five persons
76	76	named in the petition. The commission shall appoint as temporary
77	77	directors the five persons named in the petition.
78	78	(b) Temporary directors serve until the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 9094.0103; or
81	81	(2) the fourth anniversary of the effective date of
82	82	the Act enacting this chapter.
83	83	(c) If permanent directors have not been elected under
84	84	Section 9094.0103 and the terms of the temporary directors have
85	85	expired, successor temporary directors shall be appointed or
86	86	reappointed as provided by Subsection (d) to serve terms that
87	87	expire on the earlier of:
88	88	(1) the date permanent directors are elected under
89	89	Section 9094.0103; or
90	90	(2) the fourth anniversary of the date of the
91	91	appointment or reappointment.
92	92	(d) If Subsection (c) applies, the owner or owners of a
93	93	majority of the assessed value of the real property in the district
94	94	may submit a petition to the commission requesting that the
95	95	commission appoint as successor temporary directors the five
96	96	persons named in the petition. The commission shall appoint as
97	97	successor temporary directors the five persons named in the
98	98	petition.
99	99	SUBCHAPTER C. POWERS AND DUTIES
100	100	Sec. 9094.0301. GENERAL POWERS AND DUTIES. The district
101	101	has the powers and duties necessary to accomplish the purposes for
102	102	which the district is created.
103	103	Sec. 9094.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
104	104	POWERS AND DUTIES. The district has the powers and duties provided
105	105	by the general law of this state, including Chapters 49 and 51,
106	106	Water Code, applicable to water control and improvement districts
107	107	created under Section 59, Article XVI, Texas Constitution, and
108	108	specifically including the powers and duties authorized under
109	109	Subchapter H, Chapter 51, Water Code.
110	110	Sec. 9094.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
111	111	52, Article III, Texas Constitution, the district may design,
112	112	acquire, construct, finance, issue bonds for, improve, operate,
113	113	maintain, and convey to this state, a county, or a municipality for
114	114	operation and maintenance macadamized, graveled, or paved roads, or
115	115	improvements, including storm drainage, in aid of those roads.
116	116	Sec. 9094.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
117	117	road project must meet all applicable construction standards,
118	118	zoning and subdivision requirements, and regulations of each
119	119	municipality in whose corporate limits or extraterritorial
120	120	jurisdiction the road project is located.
121	121	(b) If a road project is not located in the corporate limits
122	122	or extraterritorial jurisdiction of a municipality, the road
123	123	project must meet all applicable construction standards,
124	124	subdivision requirements, and regulations of each county in which
125	125	the road project is located.
126	126	(c) If the state will maintain and operate the road, the
127	127	Texas Transportation Commission must approve the plans and
128	128	specifications of the road project.
129	129	Sec. 9094.0305. COMPLIANCE WITH MUNICIPAL CONSENT
130	130	ORDINANCE OR RESOLUTION. The district shall comply with all
131	131	applicable requirements of any ordinance or resolution that is
132	132	adopted under Section 42.042 or 42.0425, Local Government Code, and
133	133	consents to the creation of the district or to the inclusion of land
134	134	in the district.
135	135	Sec. 9094.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
136	136	district may not exercise the power of eminent domain outside the
137	137	district boundaries to acquire a site or easement for:
138	138	(1) a recreational facility, as defined by Section
139	139	49.462, Water Code; or
140	140	(2) a road project authorized by Section 9094.0303.
141	141	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
142	142	Sec. 9094.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
143	143	The district may issue, without an election, bonds and other
144	144	obligations secured by:
145	145	(1) revenue other than ad valorem taxes; or
146	146	(2) contract payments described by Section 9094.0403.
147	147	(b) The district must hold an election in the manner
148	148	provided by Chapters 49 and 51, Water Code, to obtain voter approval
149	149	before the district may impose an ad valorem tax or issue bonds
150	150	payable from ad valorem taxes.
151	151	(c) The district may not issue bonds payable from ad valorem
152	152	taxes to finance a road project unless the issuance is approved by a
153	153	vote of a two-thirds majority of the district voters voting at an
154	154	election held for that purpose.
155	155	Sec. 9094.0402. OPERATION AND MAINTENANCE TAX. (a) If
156	156	authorized at an election held under Section 9094.0401, the
157	157	district may impose an operation and maintenance tax on taxable
158	158	property in the district in accordance with Section 49.107, Water
159	159	Code.
160	160	(b) The board shall determine the tax rate. The rate may not
161	161	exceed the rate approved at the election.
162	162	Sec. 9094.0403. CONTRACT TAXES. (a) In accordance with
163	163	Section 49.108, Water Code, the district may impose a tax other than
164	164	an operation and maintenance tax and use the revenue derived from
165	165	the tax to make payments under a contract after the provisions of
166	166	the contract have been approved by a majority of the district voters
167	167	voting at an election held for that purpose.
168	168	(b) A contract approved by the district voters may contain a
169	169	provision stating that the contract may be modified or amended by
170	170	the board without further voter approval.
171	171	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
172	172	Sec. 9094.0501. AUTHORITY TO ISSUE BONDS AND OTHER
173	173	OBLIGATIONS. The district may issue bonds or other obligations
174	174	payable wholly or partly from ad valorem taxes, impact fees,
175	175	revenue, contract payments, grants, or other district money, or any
176	176	combination of those sources, to pay for any authorized district
177	177	purpose.
178	178	Sec. 9094.0502. TAXES FOR BONDS. At the time the district
179	179	issues bonds payable wholly or partly from ad valorem taxes, the
180	180	board shall provide for the annual imposition of a continuing
181	181	direct ad valorem tax, without limit as to rate or amount, while all
182	182	or part of the bonds are outstanding as required and in the manner
183	183	provided by Chapter 51, Water Code.
184	184	Sec. 9094.0503. BONDS FOR ROAD PROJECTS. At the time of
185	185	issuance, the total principal amount of bonds or other obligations
186	186	issued or incurred to finance road projects and payable from ad
187	187	valorem taxes may not exceed one-fourth of the assessed value of the
188	188	real property in the district.
189	189	Sec. 9094.0504. BONDS FOR RECREATIONAL FACILITIES. (a)
190	190	The district may develop recreational facilities and issue bonds
191	191	for recreational facilities as provided by Chapter 49, Water Code,
192	192	regardless of whether the district's territory overlaps with the
193	193	territory of a political subdivision that is authorized to develop
194	194	recreational facilities and issue bonds for recreational
195	195	facilities under Chapter 49, Water Code.
196	196	(b) The authority of the district to develop recreational
197	197	facilities and issue bonds for recreational facilities under this
198	198	section does not limit the authority of another political
199	199	subdivision whose territory the territory of the district may
200	200	overlap, wholly or partly, to develop recreational facilities and
201	201	issue bonds for recreational facilities under Chapter 49, Water
202	202	Code.
203	203	SECTION 2. The Montgomery County Water Control and
204	204	Improvement District No. 7 initially includes all the territory
205	205	contained in the following area:
206	206	BEING 480.79 acres of land in the Samuel Lindley Survey,
207	207	Abstract Number 23, the William Hulon Survey, Abstract Number 262,
208	208	the John Tong Survey, Abstract Number 39, and the George Lonis
209	209	Survey, Abstract Number 313 in Montgomery County, Texas, being a
210	210	portion of the called 811.345 acre tract described under "Schedule
211	211	1", a portion of the called 71.884 acre tract described under
212	212	"Schedule 2", all of the 4.15 acre tract described under "Schedule
213	213	4" and all of the called 4.15 acre tract described under "Schedule
214	214	5" in the deed from William McComb Dunwoody to Esperanza Ranch LLC,
215	215	recorded under Document Number 2024075466 of the Official Public
216	216	Records of Montgomery County, Texas, said 480.79-acre tract being
217	217	more particularly described by metes and bounds as follows with
218	218	bearings based on the Texas Coordinate System of 1983, Central
219	219	Zone:
220	220	BEGINNING at an axle found for the north corner of a called
221	221	2.872-acre tract described in the deed from Cynthia Ann Uhlenhop,
222	222	et al. to Willis Conservation Partners LLC recorded under Document
223	223	No. 2021144058 of the Official Public Records of Montgomery County,
224	224	Texas, in the southerly line of said called 71.884-acre tract;
225	225	THENCE North 63° 15' 50" East - 6,378.60 feet to a 5/8-inch
226	226	iron rod with cap stamped "IDS" set for the beginning of a curve to
227	227	the right, in the westerly right-of-way line of the International &
228	228	Great Northern Railroad right-of-way (150'-wide at this section) as
229	229	recorded under Volume 5, Page 108 of the Deed Records of Montgomery
230	230	County, Texas;
231	231	THENCE with the westerly right-of-way line of said railroad,
232	232	the following courses, and distances:
233	233	in a southerly direction, with said curve to the right,
234	234	having a radius of 2,074.19 feet, a central angle of 48° 47' 22", a
235	235	chord bearing and distance of South 07° 51' 36" East - 1,713.37 feet,
236	236	and an arc distance of 1,766.25 feet, to a 5/8-inch iron rod with
237	237	cap stamped "IDS" set for the end of curve;
238	238	South 16° 32' 05" West - 1,140.45 feet to a 5/8-inch iron rod
239	239	with cap stamped "IDS" set in a branch for an angle corner of the
240	240	herein described tract, in the northerly line of a called
241	241	24.4558-acre tract described in the deed from Charlie Richard Sump
242	242	to Grey Turner recorded under Document Number 2008080381 of the
243	243	Official Public Records of Montgomery County, Texas;
244	244	THENCE, with the meanders of said branch, the following
245	245	courses, and distances:
246	246	South 78° 56' 01" West - 16.37 feet to an angle corner of the
247	247	herein described tract;
248	248	North 79° 21' 47" West - 13.09 feet to an angle corner of the
249	249	herein described tract;
250	250	North 50° 54' 23" West - 13.06 feet to an angle corner of the
251	251	herein described tract;
252	252	North 76° 07' 54" West - 16.22 feet to an angle corner of the
253	253	herein described tract;
254	254	North 66° 31' 55" West - 44.39 feet to an angle corner of the
255	255	herein described tract;
256	256	South 56° 30' 04" West - 15.70 feet to an angle corner of the
257	257	herein described tract;
258	258	South 25° 28' 20" West - 18.10 feet to an angle corner of the
259	259	herein described tract;
260	260	South 57° 37' 15" West - 15.60 feet to an angle corner of the
261	261	herein described tract;
262	262	North 47° 48' 54" West - 14.83 feet to an angle corner of the
263	263	herein described tract;
264	264	North 01° 52' 39" West - 10.35 feet to an angle corner of the
265	265	herein described tract;
266	266	North 14° 34' 17" West - 14.83 feet to an angle corner of the
267	267	herein described tract;
268	268	North 38° 04' 42" West - 30.67 feet to an angle corner of the
269	269	herein described tract;
270	270	North 77° 25' 52" West - 52.76 feet to an angle corner of the
271	271	herein described tract;
272	272	North 45° 12' 15" West - 4.96 feet to an angle corner of the
273	273	herein described tract;
274	274	South 79° 16' 54" West - 25.85 feet to an angle corner of the
275	275	herein described tract;
276	276	South 89° 04' 32" West - 14.57 feet to an angle corner of the
277	277	herein described tract;
278	278	North 75° 57' 36" West - 22.40 feet to an angle corner of the
279	279	herein described tract;
280	280	North 87° 58' 13" West - 8.64 feet to an angle corner of the
281	281	herein described tract;
282	282	North 75° 30' 21" West - 51.28 feet to an angle corner of the
283	283	herein described tract;
284	284	South 81° 28' 13" West - 21.81 feet to an angle corner of the
285	285	herein described tract;
286	286	North 77° 18' 46" West - 17.85 feet to an angle corner of the
287	287	herein described tract;
288	288	North 40° 59' 22" West - 22.21 feet to an angle corner of the
289	289	herein described tract;
290	290	South 76° 12' 26" West - 6.62 feet to an angle corner of the
291	291	herein described tract;
292	292	South 21° 51' 39" West - 19.71 feet to an angle corner of the
293	293	herein described tract;
294	294	South 51° 10' 57" West - 10.38 feet to an angle corner of the
295	295	herein described tract;
296	296	North 85° 39' 49" West - 10.10 feet to an angle corner of the
297	297	herein described tract;
298	298	North 54° 08' 34" West - 23.60 feet to an angle corner of the
299	299	herein described tract;
300	300	North 79° 52' 02" West - 16.42 feet to an angle corner of the
301	301	herein described tract;
302	302	North 59° 14' 01" West - 43.81 feet to an angle corner of the
303	303	herein described tract;
304	304	North 63° 43' 51" West - 55.52 feet to an angle corner of the
305	305	herein described tract;
306	306	North 47° 36' 10" West - 63.00 feet to an angle corner of the
307	307	herein described tract;
308	308	North 71° 47' 51" West - 67.00 feet to a 5/8-inch iron rod
309	309	found for the northwest corner of said called 24.4558-acre tract
310	310	and an angle corner of the herein described tract;
311	311	THENCE South 17° 01' 54" West - 1421.65 feet, with the
312	312	westerly line of said 24.4558-acre tract, to a bent 5/8-inch iron
313	313	rod found for the most westerly southwest corner of said
314	314	called-24.4558-acre tract and an angle corner of the herein
315	315	described tract;
316	316	THENCE South 29° 23' 58" East - 98.52 feet, continuing with
317	317	the southwesterly line of said 24.4558-acre tract, to an angle iron
318	318	found for the most southerly southwest corner of said called
319	319	24.4558 acre-tract, and an angle corner for the herein described
320	320	tract, from which a found 5/8-inch iron rod bears South 59° 17' 45"
321	321	East - 5.94 feet;
322	322	THENCE South 59° 39' 58" East - 621.72 feet, with the
323	323	southernly line of said called 24.4558-acre tract, to a 5/8-inch
324	324	iron rod with cap stamped "IDS" set for an angle corner of the
325	325	herein described tract, in the westerly right-of-way line of the
326	326	International & Great Northern Railroad right-of-way (200'-wide at
327	327	this section) as recorded under Volume X, Page 517 of the Deed
328	328	Records of Montgomery County, Texas;
329	329	THENCE South 16° 32' 05" West - 1,553.26 feet, with the
330	330	westerly right-of-way line of said railroad, to a 5/8-inch iron rod
331	331	with cap stamped "IDS" set for the beginning of a curve to the left;
332	332	THENCE, in a southerly direction, with said curve to the
333	333	left, having a radius of 5829.58 feet, a central angle of 07° 52'
334	334	09", a chord bearing and distance of South 13° 54' 59" West - 800.02
335	335	feet, and an arc distance of 800.65 feet, to a 5/8-inch iron rod
336	336	with cap stamped "IDS" set for the most easterly southeast corner of
337	337	the herein described tract, in the north line of a called 0.945 acre
338	338	tract described in the deed from Dorthy Meaux to James Mitchell
339	339	recorded under Document Number 2020072625 of the Official Public
340	340	Records of Montgomery County, Texas, from which a found 1/2-inch
341	341	iron rod bears North 60° 11' 06" East - 65.61 feet;
342	342	THENCE South 60° 12' 26" West - 348.09 feet, with the
343	343	northwesterly line of said called 0.945-acre tract, to a 5/8-inch
344	344	iron rod with cap stamped IDS set for an angle corner of the herein
345	345	described tract;
346	346	THENCE South 26° 16' 27" East - 34.52 feet to a "MAG" nail with
347	347	shiner engraved "IDS" set for the most southerly southeast corner
348	348	of the herein described tract, in the centerline of Coaltown Road, a
349	349	public, black top road with an apparent right-of-way of 60 feet, no
350	350	recordings found;
351	351	THENCE, with the approximate centerline of said Coaltown
352	352	Road, the following courses and distances:
353	353	North 80° 49' 29" West - 108.43 feet to an angle corner of the
354	354	herein described tract;
355	355	North 73° 16' 14" West - 138.89 feet to an angle corner of the
356	356	herein described tract;
357	357	North 64° 25' 14" West - 100.89 feet to an angle corner of the
358	358	herein described tract;
359	359	North 53° 04' 58" West - 29.93 feet to an angle corner of the
360	360	herein described tract;
361	361	North 54° 58' 17" West - 23.99 feet to an angle corner of the
362	362	herein described tract;
363	363	North 52° 11' 03" West - 48.04 feet to an angle corner of the
364	364	herein described tract;
365	365	North 50° 38' 46" West - 325.17 feet to an angle corner of the
366	366	herein described tract;
367	367	North 49° 25' 44" West - 76.77 feet to an angle corner of the
368	368	herein described tract;
369	369	North 47° 56' 19" West - 40.79 feet to an angle corner of the
370	370	herein described tract;
371	371	North 47° 34' 53" West - 526.27 feet to an angle corner of the
372	372	herein described tract;
373	373	North 47° 17' 06" West - 525.44 feet to an angle corner of the
374	374	herein described tract;
375	375	North 58° 40' 14" West - 444.46 feet to an angle corner of the
376	376	herein described tract;
377	377	North 81° 45' 14" West - 138.89 feet to an angle corner of the
378	378	herein described tract;
379	379	South 71° 29' 36" West - 247.21 feet to an angle corner of the
380	380	herein described tract;
381	381	North 77° 00' 14" West - 256.26 feet to an angle corner of the
382	382	herein described tract;
383	383	North 35° 04' 24" West - 727.84 feet to an angle corner of the
384	384	herein described tract;
385	385	North 27° 44' 24" West - 538.94 feet to an angle corner of the
386	386	herein described tract;
387	387	THENCE North 44° 29' 33" West - 549.77 feet to a "MAG" nail
388	388	with shiner engraved "IDS" set for an angle corner of the herein
389	389	described tract;
390	390	THENCE North 12° 09' 57" East, at 25.89 feet pass a 1/2-inch
391	391	iron rod with cap stamped "TPS 10083400" found for the southeast
392	392	corner of a called 0.945-acre tract described in the deed from BJD
393	393	LLC - Series B to Sonia Catillo P. recorded under Document Number
394	394	2016062853 of the Official Public Records of Montgomery County,
395	395	Texas, a total distance of 268.54 feet to bent axle found for the
396	396	northeast corner of said called 0.945 acre tract and an angle corner
397	397	of the herein described tract;
398	398	THENCE North 77° 49' 22" West - 442.92 feet to a 5/8-inch iron
399	399	rod with cap stamped "IDS" set for the west corner of a called
400	400	0.322-acre tract described in the deed from Lee Anna Grigsby to A.
401	401	T. Dalnoki and Wife Jo Ann Dalnoki recorded under Document Number
402	402	8947528 of the Official Public Records of Montgomery County, Texas,
403	403	in the apparent northerly right-of-way line of said Coaltown Road;
404	404	THENCE North 52° 25' 33" West - 63.51 feet, with said
405	405	northerly right-of-way line, to a 5/8-inch iron rod with cap
406	406	stamped "IDS" set for an angle corner of the herein described tract;
407	407	THENCE North 77° 35' 20" West - 331.13 feet, continuing with
408	408	the northerly right-of-way line of said Coaltown Road, to a
409	409	5/8-inch iron rod found for the southeast corner of a called
410	410	9.21-acre tract described as "Tract 2" in the deed to Samuel D. Page
411	411	recorded under Document Number 20212031648 of the Official Public
412	412	Records of Montgomery County, Texas;
413	413	THENCE North 12° 11' 45" East, at 471.32 feet pass a 5/8-inch
414	414	iron rod found for the northeast corner of said called 9.21-acre
415	415	tract and the southeast corner of the said called 2.872-acre tract,
416	416	a total distance of 644.37 feet to the POINT OF BEGINNING of the
417	417	herein described tract and containing 480.79 acres of land.
418	418	SECTION 3. (a) The legal notice of the intention to
419	419	introduce this Act, setting forth the general substance of this
420	420	Act, has been published as provided by law, and the notice and a
421	421	copy of this Act have been furnished to all persons, agencies,
422	422	officials, or entities to which they are required to be furnished
423	423	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
424	424	Government Code.
425	425	(b) The governor, one of the required recipients, has
426	426	submitted the notice and Act to the Texas Commission on
427	427	Environmental Quality.
428	428	(c) The Texas Commission on Environmental Quality has filed
429	429	its recommendations relating to this Act with the governor, the
430	430	lieutenant governor, and the speaker of the house of
431	431	representatives within the required time.
432	432	(d) All requirements of the constitution and laws of this
433	433	state and the rules and procedures of the legislature with respect
434	434	to the notice, introduction, and passage of this Act are fulfilled
435	435	and accomplished.
436	436	SECTION 4. (a) Section 9094.0306, Special District Local
437	437	Laws Code, as added by Section 1 of this Act, takes effect only if
438	438	this Act receives a two-thirds vote of all the members elected to
439	439	each house.
440	440	(b) If this Act does not receive a two-thirds vote of all the
441	441	members elected to each house, Subchapter C, Chapter 9094, Special
442	442	District Local Laws Code, as added by Section 1 of this Act, is
443	443	amended by adding Section 9094.0306 to read as follows:
444	444	Sec. 9094.0306. NO EMINENT DOMAIN POWER. The district may
445	445	not exercise the power of eminent domain.
446	446	(c) This section is not intended to be an expression of a
447	447	legislative interpretation of the requirements of Section 17(c),
448	448	Article I, Texas Constitution.
449	449	SECTION 5. This Act takes effect immediately if it receives
450	450	a vote of two-thirds of all the members elected to each house, as
451	451	provided by Section 39, Article III, Texas Constitution. If this
452	452	Act does not receive the vote necessary for immediate effect, this
453	453	Act takes effect September 1, 2025.