Bill Text: TX HB1963 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to the creation of the Brazoria County Municipal Utility District No. 70; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Sponsorship: Partisan Bill (Republican 2)

Status: (Enrolled - Dead) 2017-05-23 - Effective immediately [HB1963 Detail]

Download: Texas-2017-HB1963-Enrolled.html

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H.B. No. 1963

relating to the creation of the Brazoria County Municipal Utility
District No. 70; 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 7964 to read as follows:
CHAPTER 7964. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 70
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7964.001. 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 Brazoria County Municipal
Utility District No. 70.
Sec. 7964.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7964.003. 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. 7964.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7964.003
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. 7964.005. 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. 7964.006. 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. 7964.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7964.052, directors serve
staggered four-year terms.
Sec. 7964.052. 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 7964.003; 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 7964.003 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 7964.003; 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. 7964.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7964.102. 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. 7964.103. LEVEE IMPROVEMENT DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapter 57, Water Code,
applicable to levee improvement districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7964.104. 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. 7964.105. 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. 7964.106. 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. 7964.107. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if:
(1) the district has no outstanding bonded debt; and
(2) the district is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
7964.003 to confirm the creation of the district.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 7964.003.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
7964.004 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7964.151. 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 7964.153.
(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. 7964.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7964.151, 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. 7964.153. 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. 7964.201. 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. 7964.202. 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. 7964.203. 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 Brazoria County Municipal Utility District
No. 70 initially includes all the territory contained in the
following area:
A METES & BOUNDS description of a certain 2273.1 acres of land
situated in the H.T.&B.R.R. Company Survey, Abstract No. 254, the
H.T.&B.R.R. Company Survey, Abstract No. 251, the A. A. Talmage
Survey, Abstract No. 554, the A. A. Talmage Survey, Abstract
No. 553 and the James L Holmes Heirs Survey, Abstract No. 610, all
in Brazoria County, Texas and being out of a called 2856.555 acre
tract of land (Tract 1) and a called 14.188 acre tract of land
(Tract 2), conveyed to Dee S. Osborne by the deed recorded in Volume
1159, Page 715 of the Brazoria County Deed Records, a called 98.2535
acre tract of land conveyed to Southeast Properties, Ltd by the deed
recorded in Clerk's File No. 92-33050 of the Brazoria County
Official Public Records and a called 109.232 acre tract of land
conveyed to Southeast Properties, LTD recorded in Volume 1221, Page
362 of the Brazoria County Deed Records; said 2273.1 acres being
more particularly described in two tracts as follows, with all
bearings being based on the Texas Coordinate System, South Central
Zone, NAD 83;
TRACT ONE, 1208.2 ACRES
BEGINNING at a found 5/8-inch iron rod at the northwest
corner of said 14.188 acre tract, common with the northeast corner
of a called 2.50 acre tract of land conveyed to Carlos Hernandez and
Olga Hernandez by the deed recorded in Clerk's File No. 99-056053
of the Brazoria County Official Public Records and being in the
southerly right-of-way line of County Road 511;
THENCE, North 87°04'39" East, along the northerly line of said
14.188 acre tract, common with said southerly right-of-way line, at
a distance of 1546.49 feet passing a found 1/2-inch iron rod for the
northeast corner of said 14.188 acre tract and continuing for a
total distance of 1646.82 feet to a point for corner in the
right-of-way of FM 1462;
THENCE, South 30°16'03" East, at 54.76 feet passing a found
1/2-inch iron rod at the northernmost corner of said 2856.555 acre
tract, common with the intersection of the Southerly right-of-way
line of said FM 1462 with the westerly right-of-way line of said
County Road 511 and then continuing with the easterly line of said
2856.555 acre tract, common with the westerly right-of-way line of
said County Road 511, for a total distance of 5989.45 feet to a set
3/4-inch iron rod (with cap stamped "JonesCarter property corner")
at the beginning of a non-tangent curve to the left;
THENCE, departing said common line, over and across said
2856.555 acres and along the arc of said non-tangent curve to the
left having a radius of 2640.00 feet, a central angle of 66°45'27",
an arc length of 3075.96 feet, and a long chord bearing South
03°17'15" West, 2904.90 feet to a point for corner;
THENCE, South 30°05'28" East, a distance of 23.74 feet to a
set 3/4-inch iron rod (with cap stamped "JonesCarter property
corner") in the southeasterly line of said 2856.555 acre tract,
common with the northwesterly line of a called 110.21 acre tract of
land conveyed to Patrick D. Moller and wife, Suzanne Moller by the
deed recorded in Clerk's File No. 96-005947 of the Brazoria County
Official Public Records and from which a found 5/8-inch iron rod in
the westerly right-of-way line of said County Road 511, bears North
59°36'38" East, 955.96 feet;
THENCE, South 59°36'38" West, along said common line, a
distance of 2575.73 feet to a set 3/4-inch iron rod (with cap
stamped "JonesCarter property corner") at the beginning of a
non-tangent curve to the right;
THENCE, departing said common line, over and across said
2856.555 acres and along the arc of said non-tangent curve to the
right having a radius of 5280.00 feet, a central angle of 07°33'42",
an arc length of 696.84 feet, and a long chord bearing North
48°41'21" West, 696.33 feet to the beginning of a compound curve to
the right;
THENCE, continuing over and across said 2856.555 acres and
along the arc of said compound curve to the right having a radius of
5280.00 feet, a central angle of 21°24'05", an arc length of 1972.22
feet, and a long chord bearing North 51°53'34" West, 1960.78 feet to
a point for corner;
THENCE, continuing over and across said 2856.555 acres, the
following six (6) bearings and distances;
1) North 67°16'53" West, a distance of 1365.55 feet to
a point for corner;
2) North 68°00'23" West, a distance of 1178.08 feet to
a point for corner;
3) North 67°37'10" West, a distance of 885.98 feet to a
point for corner;
4) North 34°22'34" West, a distance of 700.44 feet to a
point for corner;
5) North 33°50'21" West, a distance of 1651.19 feet to
a point for corner;
6) North 32°16'42" West, a distance of 473.37 feet to a
point for corner;
THENCE, North 33°31'32" West, continuing over and across said
2856.555 acres and over and across said 98.2535 acres, a distance of
2191.74 feet to a set 3/4-inch iron rod (with cap stamped
"JonesCarter property corner") in the northerly line of said
2856.555 acres, common with the southerly right-of-way line of said
FM 1462;
THENCE, North 86°56'14" East, along said common line, at
186.72 feet passing a found 1/2-inch iron rod at the northwest
corner of said 98.2535 acres, at 1005.62 feet passing a found
concrete monument at the northeast corner of said 98.2535 acre
tract, then continuing with the northerly line of said 2856.555
acres, common with the southerly right-of-way line of said FM 1462,
for a toral distance of 2296.45 feet to a point for corner;
THENCE, North 86°49'41" East, continuing along said common
line, a distance of 1353.40 feet to the beginning of a curve to the
left;
THENCE, continuing along said common line and the arc of said
curve to the left having a radius of 1482.69 feet, a central angle
of 14°54'54", an arc length of 385.97 feet, and a long chord bearing
North 79°22'13" East, 384.88 feet to the westernmost corner of a
called 3.37 acre tract of land conveyed to Tommy Nguyen and wife,
Kathy Nguyen by the deed recorded in Clerk's File No. 2005005114 of
the Brazoria County Official Public Records;
THENCE, North 86°52'55" East, along a northerly line of said
2856.555 acre tract, common with the southerly line of said 3.37
acre tract, a distance of 830.05 feet to the southeast corner of
said 3.37 acre tract, common with an interior corner of said
2856.555 acre tract;
THENCE, North 02°42'05" West, along an interior line of said
2856.555 acre tract, common with the easterly line of said 3.37 acre
tract, a distance of 388.94 feet to the northernmost corner of said
3.37 acre tract also being in the southerly right-of-way line of
said FM 1462;
THENCE, North 59°47'44" East, along northerly line of said
2856.555 acre tract, common with the southerly right-of-way line of
said FM 1462, a distance of 1089.08 feet to a point for corner;
THENCE, North 02°54'16" West, departing said common line and
over and across the right-of-way of said FM 1462, at a distance of
111.54 feet passing a found 1/2-inch iron rod at the southwest
corner of said 14.188 acre tract, common with the southeast corner
of a called 2.311 acre tract of land conveyed to Yu-Ping Goodman by
the deed recorded in Clerk's File No. 02-008105 of the Brazoria
County Official Public Records, then continuing along the easterly
lines of said 2.311 acre and 2.50 acre tracts, common with the
westerly line of said 14.188 acre tract, for a total distance of
911.10 feet to the POINT OF BEGINNING, OF TRACT ONE CONTAINING
1208.2 acres.
TRACT 2, 1064.9 ACRES
COMMENCING at a found 5/8-inch iron rod at the northwest
corner of said 14.188 acre tract, common with the northeast corner
of said 2.50 acre tract and being the POINT OF BEGINNING of the
above described Tract One.
THENCE, South 02°54'16" East, along the westerly line of said
14.188 acre tract, common with the easterly lines of said 2.50 acre
and 2.311 acre tracts, at 799.56 feet passing a 1/2-inch iron rod
found at the southwest corner of said 14.188 acre tract, common with
the southeast corner of said 2.311 acre tract, then continuing over
and across said right-of-way of FM 1462, a total distance of 911.10
feet to a point in the northerly line of said 2856.555 acre tract,
common with the southerly right-of-way line of said FM 1462;
THENCE, South 59°47'44" West, along said common line, a
distance of 1089.08 feet to the northernmost corner of a said 3.37
acre tract;
THENCE, South 02°42'05" East, departing said common line and
along an interior line of said 2856.555 acre tract, common with the
easterly line of said 3.37 acre tract, a distance of 388.94 feet to
the southeast corner of said 3.37 acre tract, common with an
interior corner of said 2856.555 acre tract;
THENCE, South 86°52'55" West, along a northerly line of said
2856.555 acre tract, common with the southerly line of said 3.37
acre tract, a distance of 830.05 feet to the westernmost corner of
said 3.37 acre tract, being in the southerly right-of-way line of
said FM 1462 at the beginning of a curve to the right;
THENCE, along a northerly line of said 2856.555 acre tract,
common with the southerly right-of-way line of said FM 1462 and the
arc of said curve to the right having a radius of 1482.69 feet, a
central angle of 14°54'54", an arc length of 385.97 feet, and a long
chord bearing South 79°22'13" West, 384.88 feet to a point for
corner;
THENCE, South 86°49'41" West, continuing along said common
line, a distance of 1353.40 feet to a point for corner;
THENCE, South 86°56'14" West, continuing along said southerly
right-of-way line, common with the northerly line of said 2856.555
acres and the northerly line of said 98.2535 acres, distance of
2296.45 feet to a point for corner;
THENCE, South 87°01'47" West, continuing along said southerly
right-of-way line, common with the northerly line of said 2856.555
acres and the northerly line of said 109.232 acres, a distance of
1590.81 feet to the northwest corner of said 109.232 acre tract,
being in the easterly line of a called 80.74 acre tract of land
conveyed to South Associates by the deed recorded in Volume 1420,
Page 710 of the Brazoria County Deed Records;
THENCE, South 02°27'26" East, departing said common line and
along the westerly line of said 109.232 acre tract, common with the
easterly line of said 80.74 acre tract, a distance of 2584.43 feet
to the southeast corner of said 80.74 acres, common with an interior
corner of said 2856.555 acre tract;
THENCE, South 86°55'53" West, along the southerly line of said
80.74 acres, common with a northerly line of said 2856.555 acres, a
distance of 256.28 feet to a set 3/4-inch iron rod (with cap stamped
"JonesCarter property corner") for the POINT OF BEGINNING of the
herein described tract;
THENCE over and across said 2856.55 and 109.232 acre tracts
the following six (6) bearings and distances;
1) South 33°07'56" East, a distance of 1574.72 feet to
a point for corner;
2) South 32°45'11" East, a distance of 1737.40 feet to
a point for corner;
3) South 34°06'46" East, a distance of 525.85 feet to a
point for corner;
4) South 37°02'29" East, a distance of 125.27 feet to a
point for corner;
5) South 33°08'38" East, a distance of 825.02 feet to a
point for corner;
6) South 67°31'02" East, a distance of 2641.65 feet to
a point for corner;
THENCE, South 67°38'45" East, continuing over and across said
2856.555 acres, a distance of 2391.22 feet to a set 3/4-inch iron
rod (with cap stamped "JonesCarter property corner") in the
southeasterly line of said 2856.555 acre tract, common with the
northwesterly line of a called 5440.64 acre tract of land conveyed
to HRI Development Corporation by the deed recorded in Clerk's File
No. 88544-596 of the Brazoria County Official Public Records;
THENCE, South 59°36'38" West, along said common line, a
distance of 4112.50 feet to a found axel at the most southerly
southeast corner of said 2856.555 acres also being an interior
corner of said 5440.64 acres;
THENCE, South 89°58'50" West, along the southerly line of said
2856.555 acre tract, common with a northerly line of said 5440.64
acre tract, a distance of 4086.26 feet to an angle point;
THENCE, South 87°30'17" West, continuing along said common
line, a distance of 2116.63 feet to the southwest corner of said
2856.555 acre tract, common with the southeast corner of a called
347.07 acre tract of land conveyed to Tehama Communities, LLP by the
deed recorded in Clerk's File No. 2005072012 of the Brazoria County
Official Public Records;
THENCE, North 03°17'11" West, along a westerly line of said
2856.555 acre tract, common with the easterly line of said 347.07
acre tract, a distance of 5281.54 feet to the northeast corner of
said 347.07 acre tract, being in the southerly line of a called 50
acre tract of land conveyed to Willie Alton, et al by the deed
recorded in Volume 928, Page 141 of the Brazoria County Deed
Records;
THENCE, North 87°07'20" East, along an interior line of said
2856.555 acre tract, common with the southerly line of said 50 acre
tract, a distance of 486.77 feet to the southeast corner of said 50
acre tract, common with an interior corner of said 2856.555 acre
tract;
THENCE, North 02°42'52" West, along a westerly line of said
2856.555 acre tract, common with the easterly lines of said 50 acre
tract, a called 40.13 acre tract of land conveyed to Krystal G.
Hodge by the deed recorded in Clerk's File No. 2014019841 of the
Brazoria County Official Public Records and a called 42.122 acre
tract of land conveyed to Bjorn F. Lindgren and wife, Beverly L.
Lindgren by the deed recorded in Clerk's File No. 2004063194 of the
Brazoria County Official Public Records, a distance of 2675.71
feet to the most westerly northwest corner of said 2856.55 acre
tract, common with the southeast corner of a called 80.74 acre tract
(Tract 2) of land conveyed to South Associates by the deed recorded
in Volume 1420, Page 710 of the Brazoria County Deed Records;
THENCE, North 86°55'53" East, along a northerly line of said
2856.555 acre tract, common with the southerly lines of said 80.74
acre tracts (Tract I and 2), a distance of 2420.68 feet to the POINT
OF BEGINNING OF TRACT TWO, CONTAINING 1064.9 acres and together
with the above described tract one containing a total of 2273.1
acres of land in Brazoria County, Texas.
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
7964, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7964.108 to read as follows:
Sec. 7964.108. 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1963 was passed by the House on April
27, 2017, by the following vote: Yeas 141, Nays 3, 3 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1963 was passed by the Senate on May
11, 2017, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor