Bill Text: TX HB4142 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 150; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-05-07 - Comm. report sent to Local & Consent Calendar [HB4142 Detail]
Download: Texas-2015-HB4142-Introduced.html
| 84R11297 GRM-F | ||
| By: Bell | H.B. No. 4142 | |
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| relating to the creation of the Montgomery County Municipal Utility | ||
| District No. 150; 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 7925 to read as follows: | ||
| CHAPTER 7925. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 150 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 7925.001. 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 Montgomery County Municipal | ||
| Utility District No. 150. | ||
| Sec. 7925.002. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 7925.003. 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. 7925.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section 7925.003 | ||
| 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. 7925.005. 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. 7925.006. 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. 7925.051. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of five elected directors. | ||
| (b) Except as provided by Section 7925.052, directors serve | ||
| staggered four-year terms. | ||
| Sec. 7925.052. 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 7925.003; 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 7925.003 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 7925.003; 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. 7925.101. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 7925.102. 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. 7925.103. 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. 7925.104. 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. 7925.105. 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. 7925.151. 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 7925.153. | ||
| (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. 7925.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 7925.151, 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. 7925.153. 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. 7925.201. 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. 7925.202. 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. 7925.203. 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 Montgomery County Municipal Utility District | ||
| No. 150 initially includes all the territory contained in the | ||
| following area: | ||
| TRACT 1 | ||
| BEING a 104.295 acre tract of land situated in the John Corner | ||
| Survey, Abstract No. 8 and William W. Shepperd Survey, Abstract | ||
| No. 480, Montgomery County, Texas, and being portions of a 111.857 | ||
| acre tract and a 33.863 acre tract described in deed to Joe and | ||
| Margaret Havens recorded under County Clerk's File No. 9512940 of | ||
| the Official Public Records of Montgomery County, Texas, said | ||
| 104.295 acre tract being more particularly described as follows: | ||
| BEGINNING at a point for the southwesterly corner of the | ||
| herein described tract, intersecting the northerly line of Lot 49, | ||
| Block 1 of HILLTOP RANCH Section One, according to the map or plat | ||
| thereof recorded in Cabinet O, Sheet 138 of the Map Records of | ||
| Montgomery County, Texas, with the centerline of a creek marking | ||
| the southeasterly corner of a 14 acre tract described in deed to | ||
| Michelle Rod recorded under County Clerk's File No. 9464986; | ||
| THENCE with the centerline meanders of said creek with said | ||
| Michelle Rod tracts and the easterly line of HAVENSHIRE, according | ||
| to the map or plat thereof recorded in Cabinet H, Sheet 167B of said | ||
| Map Records, the following courses: | ||
| N 26° 13' 05" W a distance of 51.78 feet; | ||
| N 28° 45' 08" E a distance of 42.11 feet; | ||
| N 09° 57' 01" W a distance of 37.70 feet; | ||
| N 00° 20' 47" E a distance of 33.27 feet; | ||
| N 08° 19' 59" E a distance of 46.73 feet; | ||
| N 17° 53' 25" W a distance of 52.33 feet; | ||
| N 02° 01' 03" W a distance of 35.10 feet; | ||
| N 20° 27' 58" E a distance of 54.76 feet; | ||
| N 77° 51' 46" E a distance of 14.94 feet; | ||
| N 02° 05' 13" E a distance of 32.05 feet; | ||
| N 26° 41' 04" E a distance of 48.80 feet; | ||
| N 52° 24' 09" E a distance of 33.97 feet; | ||
| N 01° 35' 47" W a distance of 22.36 feet; | ||
| N 39° 56' 21" E a distance of 23.00 feet; | ||
| N 21° 46' 39" E a distance of 53.85 feet; | ||
| N 04° 53' 17" W a distance of 72.71 feet; | ||
| N 23° 25' 46" E a distance of 52.54 feet; | ||
| N 10° 26' 22" W a distance of 56.96 feet; | ||
| N 23° 46' 15" W a distance of 87.18 feet; | ||
| N 26° 07' 26" E a distance of 93.63 feet; | ||
| N 13° 43' 28" E a distance of 94.42 feet; | ||
| N 07° 20' 06" W a distance of 64.76 feet; | ||
| N 13° 43' 28" E a distance of 94.42 feet; | ||
| N 07° 20' 06" W a distance of 64.76 feet; | ||
| N 06° 18' 51" E a distance of 65.94 feet; | ||
| N 10° 40' 56" E a distance of 67.46 feet; | ||
| N 60° 18' 51" E a distance of 30.12 feet; | ||
| N 15° 02' 04" W a distance of 89.41 feet; | ||
| N 07° 23' 04" W a distance of 39.42 feet; | ||
| N 28° 13' 04" W a distance of 77.11 feet; | ||
| N 05° 31' 33" E a distance of 272.91 feet; | ||
| N 16° 49' 23" W a distance of 91.96 feet; | ||
| N 04° 50' 18" E a distance of 388.64 feet; | ||
| N 04° 11' 29" W a distance of 97.63 feet; | ||
| N 45° 06' 37" E a distance of 38.26 feet; | ||
| N 78° 17' 50" E a distance of 36.42 feet; | ||
| N 60° 44' 40" E a distance of 36.96 feet; | ||
| N 24° 08' 56" E a distance of 40.27 feet; | ||
| N 06° 09' 31" W a distance of 29.13 feet; | ||
| N 24° 39' 37" E a distance of 64.56 feet; | ||
| N 07° 25' 20" E a distance of 223.80 feet; | ||
| N 45° 47' 55" W a distance of 23.01 feet; | ||
| N 50° 13' 14" W a distance of 26.04 feet; | ||
| N 33° 21' 31" E a distance of 65.51 feet to the | ||
| southeasterly corner of HAVENSHIRE; | ||
| N 33° 21' 31" E a distance of 12.17 feet; | ||
| N 48° 55' 17" E a distance of 37.89 feet; | ||
| N 26° 06' 07" E a distance of 71.77 feet; | ||
| N 33° 11' 43" E a distance of 28.93 feet; | ||
| N 59° 21' 27" E a distance of 18.014 feet; | ||
| N 11° 10' 57" E a distance of 43.46 feet; | ||
| N 36° 37' 32" E a distance of 48.15 feet; | ||
| N 55° 42' 50" E a distance of 29.84 feet; | ||
| N 23° 53' 30" E a distance of 42.50 feet; | ||
| N 56° 06' 44" E a distance of 25.39 feet; | ||
| N 78° 34' 35" E a distance of 47.29 feet; | ||
| S 71° 55' 54" E a distance of 35.75 feet; | ||
| N 58° 59' 00" E a distance of 34.65 feet; | ||
| N 33° 34' 27" E a distance of 41.01 feet; | ||
| N 10° 35' 25" W a distance of 68.96 feet; | ||
| N 13° 53' 45" E a distance of 42.68 feet; | ||
| N 24° 16' 07" E a distance of 18.96 feet; | ||
| N 24° 16' 07" E a distance of 58.38 feet; | ||
| N 04° 43' 37" W a distance of 60.72 feet; | ||
| N 00° 25' 47" E a distance of 59.18 feet; | ||
| N 27° 52' 00" W a distance of 64.19 feet; | ||
| N 21° 55' 01 E a distance of 44.33 feet; | ||
| N 44° 12' 25" E a distance of 62.23 feet; | ||
| N 00° 00' 00" E a distance of 55.00 feet; | ||
| N 30° 17' 33" W a distance of 38.49 feet to a point in the | ||
| easterly line of a 21.245 acre tract described in deed to | ||
| Texas Fund No. 6, L.P. recorded under County Clerk's File | ||
| No. 2008-092439; | ||
| N 14° 51' 565" W a distance of 72.27 feet; | ||
| N 11° 26' 33" W a distance of 22.36 feet; | ||
| N 85° 29' 27" E a distance of 44.08 feet: | ||
| N 80° 22' 25" E a distance of 28.29 feet; | ||
| S 82° 25' 56" E a distance of 78.62 feet; | ||
| N 75° 27' 29" E a distance of 33.41 feet to a point in the | ||
| westerly line of a 1.442 acre tract Surveyed by Steve | ||
| Laughlin, now described in Correction Special Warrant Deed | ||
| recorded under County Clerk's File No. 2014062252; | ||
| THENCE with the westerly line of said 1.442 acre tract the | ||
| following courses: | ||
| S 14° 25' 15" E a distance of 109.29 feet; | ||
| S 31° 22' 57" E a distance of 103.76 feet; | ||
| S 47° 02' 57" E a distance of 68.02 feet to a point in the | ||
| westerly line of a 48.450 acre tract described in deed to | ||
| Kampgrounds of America recorded under County Clerk's File | ||
| No. 2007-000471; | ||
| THENCE with the westerly and southerly lines of said | ||
| Kampgrounds of America 48.450 acre tract the following courses: | ||
| S 29° 07' 31" W a distance of 169.27 feet; | ||
| S 10° 09' 55" W a distance of 143.50 feet; | ||
| S 62° 00' 58" E a distance of 514.46 feet; | ||
| S 47° 30' 15" E a distance of 151.80 feet; | ||
| S 53° 17' 47" W a distance of 186.45 feet; | ||
| S 47° 53' 11" E a distance of 387.41 feet; | ||
| Southeasterly with a curve to the right having a radius | ||
| of 245.00 feet, an arc length of 135.99 feet (S 04° 50' 31" E | ||
| 134.25 feet); | ||
| S 53° 56' 16" W a distance of 21.17 feet; | ||
| S 21° 34' 47" W a distance of 40.23 feet; | ||
| S 67° 48' 53" W a distance of 157.62 feet; | ||
| S 09° 57' 31" W a distance of 376.44 feet; | ||
| S 74° 20' 34" E a distance of 303.88 feet; | ||
| N 64° 45' 21" E a distance of 152.52 feet; | ||
| N 32° 20' 41" E a distance of 329.71 feet; | ||
| N 49° 49' 48" E a distance of 256.39 feet; | ||
| N 62° 12' 41" E a distance of 114.56 feet; | ||
| N 48° 05' 27" E a distance of 182.47 feet; | ||
| N 23° 15' 09" W a distance of 167.19 feet; | ||
| N 81° 45' 56" E a distance of 309.70 feet to a point in | ||
| the westerly line of a 60 foot wide Roadway Easement (County | ||
| Clerk's Files No. 9219821, 9219822 and 9212379) also known as | ||
| Club Drive; | ||
| THENCE with the westerly line of said Roadway Easement the | ||
| following courses: | ||
| Southwesterly with a curve to the right having a radius | ||
| of 1022.90 feet, an arc length of 335.98 feet (S 03° 48' 04" W | ||
| 335.98'); | ||
| S 13° 15' 13" W a distance of 205.00 feet; | ||
| Southwesterly with a curve to the left having a radius | ||
| of 1236.57 feet, an arc length of 809.44 feet (S 32° 00' 22" W | ||
| 795.06'); | ||
| S 50° 45' 30" W a distance of 103.78 feet; | ||
| Southwesterly with a curve to the right having a radius | ||
| of 496.54 feet, an arc length of 229.94 feet (S 37° 29' 30" W | ||
| 227.90 feet); | ||
| South 24° 13' 30" West a distance of 13.50 feet to a | ||
| point in the northerly line of those tracts described in deed | ||
| to Cross Development recorded under County Clerk's File | ||
| No. 2007-037729; | ||
| THENCE with the northerly line of the Cross Development tract | ||
| S 90° 00'00" W a distance of 719.68 feet to the northeasterly corner | ||
| of said Havens 33.863 acre tract; | ||
| THENCE with the westerly line of said 33.863 acre tract S 00° | ||
| 00' 00" E a distance of 1353.32 feet to a point in the westerly line | ||
| of Lot 37, of HILLTOP RANCH and northeasterly corner of Lot 47; | ||
| THENCE with the northerly line of Lots 47, 48 and 49 of | ||
| HILLTOP RANCH N 89° 23' 54" W a distance of 1180.50 feet to the POINT | ||
| OF BEGINNING. | ||
| CONTAINING a computed area of 104.295 acres of land within | ||
| this Field Note Description. | ||
| TRACT 2 | ||
| BEING a 22.551 acre tract of land situated in the John Corner | ||
| Survey, Abstract No. 8, Montgomery County, Texas, and being a | ||
| portion of that certain 35.7767 acre tract described in deed to H | ||
| and T Partnership recorded under County Clerk's File No. 9413864 of | ||
| the Official Public Records of Montgomery County, Texas, and being | ||
| that same tract described in deed to Joe D. Havens recorded under | ||
| County Clerk's File No. 99010873,m said 22.551 acre tract being | ||
| more particularly described as follows: | ||
| BEGINNING at a 5/8 inch iron rod found for the most easterly | ||
| corner of said H and T Partnership 35.7767 acre tract, also being | ||
| the northwesterly corner of a lot 21, Block 6, of ROMAN HILLS | ||
| SECTION ONE, according to the map or plat thereof recorded in | ||
| Cabinet A, Sheet 81 of the Map Records of Montgomery County, Texas, | ||
| and the southeasterly corner of a 24.04 acre tract described in deed | ||
| to D.C. Van Orden recorded under County Clerk's File | ||
| No. 2004-133004; | ||
| THENCE with the westerly line of ROMAN HILLS SECTION ONE | ||
| South 12° 30' 08" West a distance of 350.06 feet to a 5/8 inch iron | ||
| rod found for the northeasterly corner of a 50.014 acre tract | ||
| described in deed to Westland Oil Development Corporation recorded | ||
| under County Clerk's File No. 8038846, now part of those tracts | ||
| conveyed to Cross Development Montgomery LLC recorded under County | ||
| Clerk's File No. 2007-037729; | ||
| THENCE with the northerly line of said 50.014 acre tract | ||
| North 89° 58' 53" West a distance of 1619.79 feet to a 5/8 inch iron | ||
| rod found for corner; | ||
| THENCE North 00° 00' 00" East (NORTH) a distance of 178.31 | ||
| feet to a 5/8 inch iron rod found for corner; | ||
| THENCE South 90° 00' 00" West (WEST) a distance of 414.30 feet | ||
| to a 5/8 inch iron rod found in the easterly right-of-way line of a | ||
| 60 foot wide Roadway Easement recorded under County Clerk's File | ||
| No. 9219822; | ||
| THENCE with the easterly line of said Roadway Easement the | ||
| following courses: | ||
| Northeasterly with a curve to the right having a radius | ||
| of 436.54 feet, an arc length of 188.57 feet through a central | ||
| angle of 24° 44' 57" (chord bearing N 38° 23' 02" E 187.10 feet) | ||
| to a 5/8 inch iron rod found for corner; | ||
| North 50° 45' 30" East a distance of 103.78 feet to a 5/8 | ||
| inch iron rod found for corner; | ||
| Northeasterly with a curve to the left having a radius | ||
| of 1296.57 feet, an arc length of 848.71 feet, through a | ||
| central angle of 37° 30' 17" (chord bearing N 32° 00' 21" E | ||
| 83.64 feet) to a 5/8 inch iron rod found for the southwesterly | ||
| corner of a 4.905 acre tract described in deed to Secure Cash | ||
| Network recorded under County Clerk's File No. 2006-032988; | ||
| THENCE departing said Roadway Easement South 76° 46' 58" East | ||
| a distance of 10.57 feet to a 5/8 inch iron rod found in the easterly | ||
| line of said 35.7767 acre parent tract and westerly line of a 54.14 | ||
| acre tract described in deed to William Wilcox recorded under | ||
| County Clerk's File No. 2000-099370; | ||
| THENCE South 13° 14' 32" West a distance of 416.30 feet to a 58 | ||
| inch iron rod found for Wilcox's southwesterly corner; | ||
| THENCE South 76° 46' 57" East a distance of 1075.77 feet to a | ||
| 5/8 inch iron rod found for Wilcox's southeasterly corner and | ||
| southwesterly corner of said 24.04 acre Van Orden tract; | ||
| THENCE with Van Orden's southerly line South 78° 36' 00" East | ||
| a distance of 519.54 feet to the POINT OF BEGINNING. | ||
| CONTAINING a computed area of 22.551 acres of land within | ||
| this Field Note Description. | ||
| 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 | ||
| 7925, Special District Local Laws Code, as added by Section 1 of | ||
| this Act, is amended by adding Section 7925.106 to read as follows: | ||
| Sec. 7925.106. 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. | ||
