Bill Text: TX HB1068 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Fort Bend County Municipal Utility District No. 216; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2015-05-28 - Effective immediately [HB1068 Detail]
Download: Texas-2015-HB1068-Comm_Sub.html
Bill Title: Relating to the creation of the Fort Bend County Municipal Utility District No. 216; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2015-05-28 - Effective immediately [HB1068 Detail]
Download: Texas-2015-HB1068-Comm_Sub.html
By: Zerwas (Senate Sponsor - Kolkhorst) | H.B. No. 1068 | |
(In the Senate - Received from the House April 27, 2015; | ||
April 27, 2015, read first time and referred to Committee on | ||
Intergovernmental Relations; May 11, 2015, reported favorably by | ||
the following vote: Yeas 7, Nays 0; May 11, 2015, sent to printer.) | ||
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relating to the creation of the Fort Bend County Municipal Utility | ||
District No. 216; 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 8424 to read as follows: | ||
CHAPTER 8424. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 216 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8424.001. 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. 216. | ||
Sec. 8424.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8424.003. CONFIRMATION AND DIRECTORS' 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. 8424.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 8424.003 | ||
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. | ||
Sec. 8424.005. 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. 8424.006. 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. 8424.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8424.052, directors serve | ||
staggered four-year terms. | ||
Sec. 8424.052. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Elizabeth D. Barnett; | ||
(2) Phillip S. Froehlich; | ||
(3) Jeff Holstein; | ||
(4) Teresa Kelly; and | ||
(5) Harry Peyton. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8424.003; 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 8424.003 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 8424.003; 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. 8424.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8424.102. 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. 8424.103. 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. 8424.104. 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. 8424.105. 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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8424.151. 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 8424.153. | ||
(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. 8424.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8424.151, 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. 8424.153. 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. 8424.201. 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. 8424.202. 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. 8424.203. 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. 216 initially includes all the territory contained in the | ||
following area: | ||
Being 503.983 acres of land located in the John Randon | ||
League, Abstract Number 76, Fort Bend County, Texas, being all of | ||
that certain called 411.052 acre tract conveyed to Fulshear Lakes, | ||
Ltd. by instrument of record under File Number 2014007854 of the | ||
Official Public Records of Real Property of said Fort Bend County | ||
(F.B.C.O.P.R.R.P.), being all of that certain called 70.1425 acre | ||
tract, designated Tract I, conveyed to Fulshear Lakes, Ltd., by an | ||
instrument of record under File Number 2014007853, | ||
F.B.C.O.P.R.R.P., same being all of Rustic Oaks Subdivision, a plat | ||
of record under Volume 14, Page 13 of the Plat Records of said Fort | ||
Bend County (F.B.C.P.R.), (Slide Number 185B, F.B.C.P.R.), being | ||
all of that certain called 14.313 acre tract, designated Tract II, | ||
conveyed to Fulshear Lakes, Ltd., by an instrument of record under | ||
File Number 2014007853, F.B.C.O.P.R.R.P., being all of that certain | ||
called 5.32 acre tract, designated Lot 1 of the Cornelius Randon | ||
Estate as recorded in Volume 179, Page 128-A of the Deed Records of | ||
said Fort Bend County (F.B.C.D.R.), being the same land, designated | ||
Tract III, as conveyed to Fulshear Lakes, Ltd., by an instrument of | ||
record under File Number 2014007853, F.B.C.O.P.R.R.P., and being | ||
all of that certain called 4.000 acre tract, conveyed to Fulshear | ||
Lakes, Ltd. by instrument of record under File Number 2014007852, | ||
F.B.C.O.P.R.R.P.; said 503.983 acres being more particularly | ||
described by metes and bounds as follows (all bearings referenced | ||
to Texas Coordinate System, South Central Zone, Grid North, NAD83 | ||
(NA2011) Epoch 2010.00; | ||
BEGINNING at the common north corner of said 411.052 acre | ||
tract and that certain called 58.96 acre tract conveyed to Nigel | ||
Stewart Patterson, et ux by an instrument of record under File | ||
Number 2009110810, F.B.C.O.P.R.R.P., being on the line common to | ||
the north line of said John Randon League and the south line of the | ||
I. H. Charles League, Abstract Number 17 of said Fort Bend County, | ||
and being within existing Rogers Road (width varies), from which a | ||
found 5/8-inch iron rod (bent) bears North 09° 56' 38" West, 0.52 | ||
feet and also from which the common easterly corner of said John | ||
Randon League and the George Roberts League, Abstract Number 432 of | ||
said Fort Bend County bears North 87° 41' 03" East, 3,932.37 feet; | ||
Thence, with the easterly line of said 411.052 acre tract, | ||
the following five (5) courses: | ||
1. South 02° 02' 39" East, with the westerly line of | ||
said 58.96 acre tract, passing at 30.69 feet (called 31.0 feet) a | ||
found 1/2-inch iron pipe, and continuing for a total distance of | ||
1,104.86 feet (called 1,105.0 feet) to a 1/2-inch iron pipe found | ||
for corner; | ||
2. South 02° 21' 32" East, continuing with the westerly | ||
line of said 58.96 acre tract, 1,232.04 feet (called 1,232.08 feet) | ||
to a 3/4-inch iron pipe found for corner; | ||
3. South 01° 43' 27" East, continuing with the westerly | ||
line of said 58.96 acre tract, 1,133.03 feet (called 1,132.98 feet) | ||
to a 5/8-inch iron rod with plastic cap stamped "LJA ENG" previously | ||
set for the southwest corner of said 58.96 acre tract; | ||
4. North 87° 47' 51" East, with the southerly line of | ||
said 58.96 acre tract, passing at 296.51 feet a found 1" iron pipe, | ||
and continuing for a total distance of 1,004.52 feet (called | ||
1,004.50 feet) to a 1/2-inch iron pipe found on the westerly line of | ||
that certain called 241.258 acre tract conveyed to Rogers Road | ||
Investors, LP by an instrument of record under File Number | ||
2009066602, F.B.C.O.P.R.R.P.; | ||
5. South 02° 18' 57" East, with the westerly line of | ||
said 241.258 acre tract, passing at 2,894.68 feet the approximate | ||
centerline of Fulshear Creek, same being the common westerly corner | ||
of said 241.258 acre tract and that certain called 58.139 acre tract | ||
conveyed to K. R. Arnold, et ux, by an instrument of record under | ||
File Number 1999008859, F.B.C.O.P.R.R.P., and continuing with the | ||
westerly line of said 58.139 acre tract, for a total distance of | ||
4,646.53 feet (called 4,646.9 feet) to a 5/8-inch iron rod with | ||
plastic cap stamped "LJA ENG" previously set for the southeast | ||
corner of said 411.052 acre tract, being on the northerly line of | ||
that certain called 100-foot wide tract conveyed to Metropolitan | ||
Transit Authority of Harris County by an instrument of record under | ||
Volume 2478, Page 1664, F.B.C.D.R.; | ||
Thence, South 81° 25' 02" West, with the line common to the | ||
south line of said 411.052 acre tract and the north line of said | ||
100-foot wide tract, passing at 1,532.69 feet (called 1,532.63 | ||
feet) a 1/2-inch iron pipe found for the common south corner of said | ||
411.052 acre tract and aforementioned Rustic Oaks Subdivision, and | ||
continuing along the line common to the south line of said Rustic | ||
Oaks Subdivision and the north line of said 100-foot wide tract, | ||
continuing for a total distance of 3,010.59 feet to a 1/4-iron pipe | ||
found for the southwest corner of said Rustic Oaks Subdivision and | ||
aforementioned 70.1425 acre tract, same being the southeast corner | ||
of that certain called 5.32 acre tract, designated Lot 8 of | ||
aforementioned Cornelius Randon Estate, and as conveyed to Walter | ||
Kelly, et al, by an instrument of record under File Number | ||
2012140197, F.B.C.O.P.R.R.P.; | ||
Thence, North 02° 37' 49" East, with the common line of said | ||
Rustic Oaks Subdivision, said 70.1425 acre tract and said Lot 8, | ||
362.39 feet to a 5/8-inch iron rod with plastic cap stamped "LJA | ||
ENG" previously set for the common east corner of said Lot 8 and | ||
aforementioned Lot 1 conveyed to Fulshear Lakes, Ltd.; | ||
Thence, South 87° 17' 09" West, with the common line to said | ||
Lot's 1 and 8, 434.10 feet to a 5/8-inch iron rod with plastic cap | ||
stamped "LJA ENG" previously set for the southwest corner of said | ||
5.32 acre tract conveyed to Fulshear Lakes, Ltd.; | ||
Thence, North 02° 13' 49" West, along the west line of said | ||
5.32 acre tract conveyed to Fulshear Lakes, Ltd., 444.84 feet to a | ||
1/2-inch iron pipe found for the northwest corner of said 5.32 acre | ||
tract, also being on a south line of the aforementioned 14.313 acre | ||
tract; | ||
Thence, South 87° 15' 05" West, with said south line, 522.20 | ||
feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG" | ||
previously set for corner; | ||
Thence, South 02° 11' 04" East, continuing along a south line | ||
of said 14.313 acre tract, 442.70 feet to a 1-inch iron pipe found | ||
for corner; | ||
Thence, South 87° 05' 11" West, continuing along a south line | ||
of said 14.313 acre tract, 507.27 feet to a 5/8-inch iron rod with | ||
plastic cap stamped "LJA ENG" previously set for corner; | ||
Thence, North 02° 29' 17" West, continuing along a south line | ||
of said 14.313 acre tract, 445.89 feet to point for corner, from | ||
which a found 5/8-inch iron rod with cap stamped "RPLS No. 2085" | ||
bears South 76° 14' 39" East, 0.23 feet; | ||
Thence, South 87° 26' 47" West, continuing along a south line | ||
of said 14.313 acre tract, passing at 486.91 feet a found 5/8-inch | ||
iron rod with cap stamped "RPLS No. 2085" and continuing for a total | ||
distance of 512.83 feet to a PK-Nail found for corner within | ||
existing Pool Hill Road (width unknown); | ||
Thence, North 02° 33' 10" West, with the most westerly line of | ||
said 14.313 acre tract and within said existing Pool Hill Road, | ||
196.30 feet to a PK-Nail found for the common west corner of said | ||
14.313 acre tract and that certain called 5.155 acre tract conveyed | ||
to Royal Parrot Farm, LLC by an instrument of record under File | ||
Number 2010000252, F.B.C.O.P.R.R.P.; | ||
Thence, North 87° 25' 18" East, with the common line to said | ||
14.313 acre tract and said 5.155 acre tract, passing at 22.96 feet a | ||
found 5/8-inch iron rod with cap stamped "RPLS No. 2085", and | ||
continuing for a total distance of 1,143.40 feet to the common south | ||
corner of aforementioned 4.000 acre tract conveyed to Fulshear | ||
Lakes, Ltd. and said 5.155 acre tract, from which a found 1/2-inch | ||
iron rod with cap (illegible) bears North 15° 28' 18" West, 0.92 | ||
feet; | ||
Thence, North 02° 34' 42" West, departing the north line of | ||
said 14.313 acre tract and along the line common to said 4.000 acre | ||
tract and said 5.155 acre tract, 196.40 feet to the common north | ||
corner said 4.000 acre tract and said 5.155 acre tract and also | ||
being on the south line of that certain called 9.15 acre tract | ||
conveyed to Eula Mac Taplin, et al., by an instrument of record | ||
under Volume 2259, Page 1936, F.B.C.D.R., from which a found | ||
1/2-inch iron rod with cap stamped "Precision Surveying" bears | ||
South 46° 34' 34" West, 0.26 feet; | ||
Thence North, 87°25'18" East, along the line common to said | ||
4.000 acre tract and said called 9.15 acre tract, 887.17 feet, to | ||
5/8-inch iron rod with plastic cap stamped "LJA ENG" previously set | ||
for corner on the westerly line of aforementioned 70.1425 acre | ||
tract and Rustic Oaks Subdivision, from which a 1-inch pipe with | ||
"Cotton Surveying" cap bears South 18°04'42" East, 3.68 feet; | ||
Thence North 03°16'16" East, with the line common to said 9.15 | ||
acre tract and said 70.1425 acre tract and Rustic Oaks Subdivision, | ||
197.17 feet to a 1-inch iron pipe in concrete found for the common | ||
east corner of said 9.15 acre tract and that certain called 18.87 | ||
acre tract, designated Tract I, conveyed to Robert Fendley, by | ||
instrument of record under Volume 1415, Page 037, F.B.C.D.R.; | ||
Thence, North 01°17'54" West, with the westerly line of said | ||
70.1425 acre tract and Rustic Oaks Subdivision, 565.92 feet to a | ||
1-inch iron pipe found for corner; | ||
Thence, North 00° 49' 19" West, continuing along the westerly | ||
line of said 70.1425 acre tract and said Rustic Oaks Subdivision, | ||
196.67 feet to a point for corner on the approximate centerline of | ||
Fulshear Creek and being the line common to the north line of said | ||
Rustic Oaks Subdivision, said 70.1425 acre tract and a south line of | ||
the aforementioned 411.052 acre tract; | ||
Thence, along the south line of said 411.052 acre tract and | ||
along the meanders of said Fulshear Creek, the following five (5) | ||
courses: | ||
1. South 85° 09' 23" West, 488.60 feet to a point for | ||
corner; | ||
2. North 74° 47' 41" West, 354.56 feet to a point for | ||
corner; | ||
3. North 18° 11' 05" West, 260.16 feet to a point for | ||
corner; | ||
4. North 09° 17' 09" East, 391.53 feet to a point for | ||
corner; | ||
5. North 00° 34' 16" West, 47.82 feet (called 48.67 | ||
feet) to a point for corner on the south line of that certain called | ||
71.56 acre tract conveyed to Lavetta Lazzara by an instrument of | ||
record under Volume 2320, Page 1231, F.B.C.D.R., and an undivided | ||
fifty (50) percent interest conveyed to Lavetta Lazzara, Trustee by | ||
an instrument of record under Volume 2479, Page 591, F.B.C.D.R.; | ||
Thence, North 87° 05' 26" East, with the common line of said | ||
411.052 acre tract and said 71.56 acre tract, passing at 76.49 feet | ||
a found 1/2-iron pipe and continuing for a total distance of 817.56 | ||
feet (called 816.0 feet) to a 1/2-inch iron pipe found for corner; | ||
Thence, North 01° 49' 07" West, with the line common to said | ||
411.052 acre tract and said 71.56 acre tract, 2,373.01 feet (called | ||
2,373.19 feet) to a PK-Nail in asphalt previously set for the | ||
northeast corner of said 71.56 acre tract; | ||
Thence, North 01° 47' 54" West, with the westerly line of said | ||
411.052 acre tract, 2,073.64 feet (called 2,074.08 feet) to a gun | ||
barrel found for the common easterly corner of that certain called | ||
5.432 acre tract conveyed to Emma Jean Smith by an instrument of | ||
record under Volume 2707, Page 2128, F.B.C.D.R. and that certain | ||
called 46.33 acre tract conveyed to Frances Peckham Kelly, et al., | ||
by an instrument of record under volume 433, Page 87, F.B.C.D.R. and | ||
under Probate Record Number 08-CPR-020916 of the Probate Records of | ||
said Fort Bend County; | ||
Thence, North 01° 20' 51" West, with the westerly line of said | ||
411.052 acre tract, 1,070.10 feet (called 1,069.68 feet) to point | ||
for corner on the northerly line of the aforementioned John Randon | ||
League and the southerly line of the J. San Pierre Survey, Abstract | ||
Number 81, of said Fort Bend County and the northwest corner of said | ||
411.052 acre tract, and being within the aforementioned Rogers | ||
Road, from which a found 5/8-inch iron rod (bent) bears South 77° 51' | ||
34" East, 0.29 feet; | ||
Thence, North 87° 41' 03" East, with the northerly line of | ||
said 411.52 acre tract, said John Randon League, and the southerly | ||
line of said J. San Pierre Survey and the aforementioned I. H. | ||
Charles League, 1,829.92 feet to the POINT OF BEGINNING and | ||
containing 503.983 acres of land and of which 1.320 acres (57,529 | ||
square feet) of land lies within the existing roadway area of said | ||
Rogers Road. | ||
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 | ||
8424, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8424.106 to read as follows: | ||
Sec. 8424.106. 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, 2015. | ||
* * * * * |