Bill Text: TX HB1386 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the creation of the Harris-Waller Counties Municipal Utility District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-03 - Left pending in committee [HB1386 Detail]

Download: Texas-2013-HB1386-Introduced.html

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83R6262 AED-F
By: Bell H.B. No. 1386

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Harris-Waller Counties Municipal
Utility District No. 3; 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 8431 to read as follows:
CHAPTER 8431. HARRIS-WALLER COUNTIES MUNICIPAL UTILITY
DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8431.001. 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 Harris-Waller Counties
Municipal Utility District No. 3.
Sec. 8431.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8431.003. 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. 8431.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8431.003
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. 8431.005. 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. 8431.006. 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. 8431.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8431.052, directors serve
staggered four-year terms.
Sec. 8431.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Lonnie Lee;
(2) Jennifer Coleman;
(3) Dana Thompson;
(4) John Hoag; and
(5) David Ward.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8431.003; 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 8431.003 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 8431.003; 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. 8431.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8431.102. 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. 8431.103. 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. 8431.104. 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, zoning and
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. 8431.105. 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. 8431.151. 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 8431.153.
(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. 8431.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8431.151, 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. 8431.153. 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. 8431.201. 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. 8431.202. 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. 8431.203. 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 Harris-Waller Counties Municipal Utility
District No. 3 initially includes all the territory contained in
the following area:
448.64 ACRES OF LAND SITUATED IN THE H. & T.C .R.R. CO.
SURVEY, ABSTRACT NO. 1711, HARRIS COUNTY, TEXAS, THE H. & T.C .R.R.
CO. SURVEY, ABSTRACT NO. 196, WALLER COUNTY, TEXAS, THE J.
McCUTCHEON SURVEY, ABSTRACT NO. 1343, HARRIS COUNTY, TEXAS, THE J.
McCUTCHEON SURVEY, ABSTRACT NO. 306, WALLER COUNTY, TEXAS AND THE
H. & T.C .R.R. CO. SURVEY, ABSTRACT NO. 203, WALLER COUNTY, TEXAS,
THE SAID 448.64 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS IN TWO (2) TRACTS AS FOLLOWS (BEARINGS BASED ON TEXAS
STATE PLANE COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AS
DETERMINED BY GPS MEASUREMENTS):
TRACT 1
A 138.60 ACRE TRACT OF LAND SITUATED IN THE H. & T.C .R.R. CO.
SURVEY, ABSTRACT NO. 196, WALLER COUNTY, TEXAS AND THE H. & T.C.
R.R. CO. SURVEY, ABSTRACT NO. 1711, HARRIS COUNTY, TEXAS, THE SAID
138.60 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING at a 1/2-inch capped iron pipe stamped "Kalkomey"
found marking the southeasterly corner of the said F. Eule Survey,
A-376 and the northeasterly corner of the H. & T.C.C. R.R. Co.
Survey, Abstract No. 203 being in the westerly line of the H. &
T.C.C. R.R. Co. Survey, Abstract No. 196 , being in the current
extraterritorial jurisdiction line (ETJ) agreed to for the City of
Houston and the City Limits of the City of Katy, having Texas State
Plane, South Central Zone 1983, coordinates of X = 2,970,598.13 and
Y = 13,852,721.55 and being in the intersection of Franz Road (as
occupied at present) and Bartlett Road (as occupied at present);
THENCE, North 02°03'11" West, along easterly line of the said
F. Eule Survey and the westerly line of the said H. & T. C.C. R.R.
Co. Survey, Abstract No. 196, same being the current
extraterritorial jurisdiction line (ETJ) agreed to for the City of
Houston and the City Limits of the City of Katy, a distance of
2,492.31 feet to a 1/2-inch capped iron pipe stamped "Kalkomey"
found at a northwesterly corner for the City Limits of the City of
Katy, marking the southwesterly corner and POINT OF BEGINNING of
the herein described tract of land and having Texas State Plane,
South Central Zone 1983, coordinates of X = 2,970,508.84 and Y =
13,855,212.14;
(1) THENCE, North 02°03'11" West, along easterly line
of the said F. Eule Survey and the westerly line of the said H. & T.
C.C. R.R. Co. Survey, Abstract No. 196, same being the current
extraterritorial jurisdiction line (ETJ) agreed to between the
City of Houston and the City of Katy, a distance of 2,753.74 feet to
a point for corner in the southerly right-of-way line of Morton Road
(as occupied at present);
(2) THENCE, North 87°59'06" East, along the southerly
right-of-way line of Morton Road, being the current
extraterritorial jurisdiction line (ETJ) agreed to between the
City of Houston and the City of Katy, for a distance of 23.14 feet to
a point for corner in the southerly extension of the easterly
right-of-way line of Pitts Road (as occupied at present), being the
current extraterritorial jurisdiction line (ETJ) agreed to between
the City of Houston and the City of Katy;
(3) THENCE, North 02°03'11" West, along the southerly
extension of the easterly right-of-way line of Pitts Road, same
being the current extraterritorial jurisdiction line (ETJ) agreed
to between the City of Houston and the City of Katy, for a distance
of 30.00 feet to a point for corner in the southerly line of the E.
Jenkins Survey, Abstract No. 409 and the northerly line of the said
H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and being in Morton
Road;
(4) THENCE, North 87°59'06" East, along the common line
of the said E. Jenkins Survey, Abstract No. 409 and the H. & T. C.C.
R.R. Co. Survey, Abstract No. 196 for a distance of 1,802.23 feet to
a point marking the northeasterly corner of the herein described
tract of land being in the meanders of the centerline of the Cane
Island Branch of Buffalo Bayou, being the current City Limits of the
City of Katy;
THENCE, along the meanders of the centerline of the Cane
Island Branch of Buffalo Bayou, the following twelve (12) courses
and distances:
(5) South 07°05'41" East for a distance of 123.38 feet
to a point for corner;
(6) South 24°45'11" East for a distance of 17.51 feet
to a point for corner;
(7) South 09°35'52" East for a distance of 17.33 feet
to a point for corner;
(8) South 24°39'54" East for a distance of 933.91 feet
to a point for corner;
(9) South 25°13'39" East for a distance of 123.31 feet
to a point for corner;
(10) South 23°49'46" East for a distance of 198.91
feet to a point for corner;
(11) South 04°55'49" West for a distance of 181.40
feet to a point for corner;
(12) South 03°35'11" West for a distance of 771.53
feet to a point for corner;
(13) South 08°04'38" East for a distance of 202.50
feet to a point for corner;
(14) South 10°55'43" East for a distance of 113.16
feet to a point for corner;
(15) South 16°00'38" East for a distance of 77.12 feet
to a point for corner;
(16) South 06°45'05" East for a distance of 130.65
feet to a point for corner in the current City Limits of the City of
Katy;
(17) THENCE, South 87°56'49" West, along the current
City Limits of the City of Katy for a distance of 2,296.78 feet to
the POINT OF BEGINNING and containing 138.60 acres of land.
TRACT 2
A 310.04 ACRE TRACT OF LAND SITUATED IN THE J. McCUTCHEON
SURVEY, ABSTRACT NO. 1343, HARRIS COUNTY, TEXAS, THE J. McCUTCHEON
SURVEY, ABSTRACT NO. 306, WALLER COUNTY, TEXAS AND THE H. & T.C.
R.R. CO. SURVEY, ABSTRACT NO. 203, WALLER COUNTY, TEXAS, THE SAID
310.04 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING at a 1/2-inch capped iron pipe stamped "Kalkomey"
found marking the southeasterly corner of the said F. Eule Survey,
A-376 and the northeasterly corner of the H. & T.C.C. R.R. Co.
Survey, Abstract No. 203 being in the westerly line of the H. &
T.C.C. R.R. Co. Survey, Abstract No. 196 , being in the current
extraterritorial jurisdiction line (ETJ) agreed to for the City of
Houston and the City Limits of the City of Katy, having Texas State
Plane, South Central Zone 1983, coordinates of X = 2,970,598.13 and
Y = 13,852,721.55 and being in the intersection of Franz Road (as
occupied at present) and Bartlett Road (as occupied at present);
THENCE, South 02°03'11" East, along the easterly line of the
H. & T.C.C. R.R. Co. Survey, Abstract No. 203 and the westerly line
of the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196, same
being the current extraterritorial jurisdiction line (ETJ) agreed
to for the City of Houston and the City Limits of the City of Katy, a
distance of 33.00 feet to the intersection with the easterly
extension of the southerly right-of-way line of Franz Road, marking
a point for corner in the current extraterritorial jurisdiction
line (ETJ) agreed to between the City of Houston and the City of
Katy and the most northerly northeast corner and POINT OF BEGINNING
of the herein described tract of land, having Texas State Plane,
South Central Zone 1983, coordinates of X = 2,970,599.31 and Y =
13,852,688.57;
(1) THENCE, South 02°03'11" East, continuing along the
easterly line of the H. & T.C.C. R.R. Co. Survey, Abstract No. 203
and the westerly line of the said H. & T. C.C. R.R. Co. Survey,
Abstract No. 196, same being the current City Limits of the City of
Katy, a distance of 1,111.85 feet to a 1/2-inch iron pipe found for
corner;
(2) THENCE, North 87°48'32" East, a distance of 921.80
feet to a 1/2-inch iron pipe found for corner;
(3) THENCE, North 02°03'11" West, a distance of 510.32
feet to a railroad spike found for corner in the southerly line of
the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and the
northerly line of the said J. McCutcheon Survey and being in Morton
Road;
(4) THENCE, North 87°48'32" East, along the common of
the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and the said
J. McCutcheon Survey, a distance of 1,823.00 feet to a railroad
spike found for corner ;
(5) THENCE, South 02°00'23" East, a distance of 378.50
feet to a point for corner;
(6) THENCE, North 87°48'32" East, a distance of 500.00
feet to a point for corner;
(7) THENCE, North 02°00'23" West, a distance of 378.50
feet to a cotton spindle found for corner in the southerly line of
the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and the
northerly line of the said J. McCutcheon Survey and being in Morton
Road;
(8) THENCE, North 87°48'32" East, along the common of
the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and the said
J. McCutcheon Survey, a distance of 80.00 feet to an "X" in concrete
found marking the most easterly northeast corner of the herein
described tract of land;
(9) THENCE, South 02°00'23" East, a distance of
1,083.67 feet to a 1/2-inch capped iron pipe stamped "Kalkomey"
found for corner;
(10) THENCE, South 87°59'37" West, a distance of 43.25
feet to a point for corner being in the meanders of the centerline
of the Cane Island Branch of Buffalo Bayou;
THENCE, along the meanders of the centerline of the Cane
Island Branch of Buffalo Bayou, the following eight (8) courses and
distances:
(11) South 30°22'18" West for a distance of 176.74
feet to a point for corner;
(12) South 34°52'08" West for a distance of 282.70
feet to a point for corner;
(13) South 20°24'01" West for a distance of 64.45 feet
to a point for corner;
(14) South 09°14'21" East for a distance of 108.98
feet to a point for corner;
(15) South 04°02'15" East for a distance of 154.42
feet to a point for corner;
(16) South 11°42'40" East for a distance of 168.80
feet to a point for corner;
(17) South 15°19'15" West for a distance of 68.22 feet
to a point for corner;
(18) South 48°56'03" West for a distance of 73.95 feet
to a point for corner in the southerly line of the said J.
McCutcheon Survey and the northerly line of the J. Crawford Survey,
A-113, marking the most easterly southeast corner of the herein
described tract of land and being in Tenth Street;
(19) THENCE, South 87°38'46" West, along the common of
the said J. McCutcheon Survey and the J. Crawford Survey, a
distance of 401.99 feet to point for corner;
(20) THENCE, North 02°03'52" West, a distance of 382.44
feet to a point for corner;
(21) THENCE, South 88°07'10" West, a distance of 356.87
feet to a point for corner;
(22) THENCE, North 02°03'52" West, a distance of 464.61
feet to a 1/2-inch iron pipe found for corner;
(23) THENCE, South 88°04'50" West, a distance of 456.77
feet to a 1/2-inch iron pipe found for corner;
(24) THENCE, South 02°51'33" East, a distance of
1,010.83 feet to a Mag nail with shiner found for corner in the
southerly line of the said J. McCutcheon Survey Survey, Abstract
No. 306 and the northerly line of the J. C. Paul Survey, A-386 and
being in Bartlett Road;
(25) THENCE, South 88°04'38" West, along the common of
the said J. McCutcheon Survey and the J. C. Paul Survey, a distance
of 1,759.35 feet to 1/2-inch capped iron pipe stamped "Kalkomey"
found for corner at the westerly common corner of said surveys,
being in the easterly line of the aforementioned H. & T.C.C. R.R.
Co. Survey, Abstract No. 203;
(26) THENCE, South 03°31'15" West, a distance of 40.17
feet to a 1/2-inch capped iron pipe stamped "Kalkomey" found for
corner in the arc of a non-tangent curve;
(27) THENCE, along the arc of a curve to the right
having a radius of 1,040.00 feet, a central angle of 38°24'17", an
arc length of 697.10 feet and a chord bearing N 72°30'37" W, a
distance of 684.12 feet to a 1/2-inch capped iron pipe stamped
"Kalkomey" found for corner in the current City Limits of the City
of Katy;
(28) THENCE, South 88°03'25" West, along the current
City Limits of the City of Katy, a distance of 1,537.40 feet to a
1/2-inch capped iron pipe stamped "Kalkomey" found for corner in
the arc of a non-tangent curve;
(29) THENCE, along the arc of a curve to the left
having a radius of 1,060.00 feet, a central angle of 37°07'19", an
arc length of 686.77 feet and a chord bearing S 16°36'52" W, a
distance of 674.82 feet to a 1/2-inch capped iron pipe stamped
"Kalkomey" found for tangency;
(30) THENCE, South 01°56'48" East, a distance of 316.86
feet to a 1/2-inch capped iron pipe stamped "Kalkomey" found for a
point of curvature;
(31) THENCE, along the arc of a curve to the left
having a radius of 1,060.00 feet, a central angle of 21°41'29", an
arc length of 401.30 feet and a chord bearing S 12°47'32" E, a
distance of 398.91 feet to a 1/2-inch capped iron pipe stamped
"Kalkomey" found for tangency;
(32) THENCE, South 23°38'17" East, a distance of
1,025.45 feet to a 1/2-inch capped iron pipe stamped "Kalkomey"
found for a point of curvature;
(33) THENCE, along the arc of a curve to the right
having a radius of 1,340.00 feet, a central angle of 21°55'53", an
arc length of 512.92 feet and a chord bearing S 12°40'20" E, a
distance of 509.79 feet to a 1/2-inch capped iron pipe stamped
"Kalkomey" found for tangency;
(34) THENCE, South 01°42'24" East, a distance of 210.70
feet to a 1/2-inch capped iron pipe stamped "Kalkomey" found for
corner in the northerly right-of-way line McAllister Road (based on
a width of 60 feet) and marking the most southerly southeast corner
of the herein described tract of land;
(35) THENCE, South 88°44'03" West, along the northerly
right-of-way line McAllister Road for a distance of 788.13 feet to a
5/8-inch iron rod found marking the southwest corner of the herein
described tract of land;
(36) THENCE, North 01°56'48" West, a distance of
3,003.45 feet to a 1/2-inch capped iron pipe stamped "Kalkomey"
found for corner in the current City Limits of the City of Katy;
(37) THENCE, North 01°51'45" West, a distance of
1,332.39 feet to a 1/2-inch capped iron pipe stamped "Kalkomey"
found marking the most westerly northwest corner of the herein
described tract of land;
(38) THENCE, North 87°56'49" East, a distance of 462.00
feet to a 1/2-inch capped iron pipe stamped "Kalkomey" found for
corner;
(39) THENCE, North 01°51'45" West, a distance of
1,287.00 feet to a point marking the most northerly northwest
corner of the herein described tract of land in the southerly
right-of-way line of Franz Road, being the current
extraterritorial jurisdiction line (ETJ) agreed to between the
City of Houston and the City of Katy;
(40) THENCE, North 87°56'49" East, along the southerly
right-of-way line of Franz Road, being the current extraterritorial
jurisdiction line (ETJ) agreed to between the City of Houston and
the City of Katy, for a distance of 2,170.11 feet to the POINT OF
BEGINNING and containing 310.04 acres of land and when all of the
above described tracts of land are compiled, they have a combined
total area of 448.64 acres of land. This description has been
prepared in conjunction with a map of equal date.
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
8431, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8431.106 to read as follows:
Sec. 8431.106. 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, 2013.