Bill Text: TX HB4160 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the creation of the Burnet County Municipal Utility District No. 1; 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) 2015-06-18 - Effective immediately [HB4160 Detail]
Download: Texas-2015-HB4160-Enrolled.html
H.B. No. 4160 |
relating to the creation of the Burnet County Municipal Utility | ||
District No. 1; 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 7913 to read as follows: | ||
CHAPTER 7913. BURNET COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7913.001. 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 Burnet County Municipal | ||
Utility District No. 1. | ||
Sec. 7913.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7913.003. 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. 7913.004. 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. 7913.005. 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. 7913.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7913.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7913.052. 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 7913.003; 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 7913.003 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 7913.003; 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. 7913.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7913.102. 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. 7913.103. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, and Section 53.029(c), Water | ||
Code, 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. 7913.104. 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. 7913.105. STRATEGIC PARTNERSHIP AGREEMENT. The | ||
district may negotiate and enter into a written strategic | ||
partnership agreement with a municipality under Section 43.0751, | ||
Local Government Code. | ||
Sec. 7913.106. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) 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 | ||
7913.003 to confirm the district's creation. | ||
(f) An order dividing the district shall: | ||
(1) name each new district; | ||
(2) include the metes and bounds of each new district; | ||
(3) appoint temporary directors for each new district | ||
or provide that the owner or owners of a majority of the assessed | ||
value of the real property in each new district may submit a | ||
petition to the Texas Commission on Environmental Quality | ||
requesting that the commission appoint as temporary directors the | ||
five persons named in the petition; 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 Texas Commission on Environmental Quality 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 7913.003. A new district that is not confirmed is subject | ||
to dissolution under general law. | ||
(i) 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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7913.151. 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 7913.153. | ||
(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. 7913.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7913.151, 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. 7913.153. 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. ASSESSMENTS; APPLICABILITY OF IMPACT FEES AND | ||
ASSESSMENTS | ||
Sec. 7913.201. PETITION REQUIRED FOR FINANCING | ||
RECREATIONAL FACILITIES AND IMPROVEMENTS WITH ASSESSMENTS. (a) | ||
Except as provided by this subchapter, the board may finance a | ||
recreational facility or improvement with assessments on property | ||
under this subchapter, but only if: | ||
(1) a written petition requesting that facility or | ||
improvement has been filed with the board; and | ||
(2) the board holds a hearing on the proposed | ||
assessments. | ||
(b) The petition must be signed by the owners of a majority | ||
of the assessed value of real property in the district subject to | ||
assessment according to the most recent certified tax appraisal | ||
roll for the county. | ||
Sec. 7913.202. METHOD OF NOTICE FOR HEARING. The district | ||
shall mail notice of the hearing to each property owner in the | ||
district who will be subject to the assessment at the current | ||
address to be assessed as reflected on the tax rolls. The district | ||
may mail the notice by certified or first class United States mail. | ||
The board shall determine the method of notice. | ||
Sec. 7913.203. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An | ||
assessment or a reassessment imposed under this subchapter by the | ||
district, penalties and interest on an assessment or reassessment, | ||
an expense of collection, and reasonable attorney's fees incurred | ||
by the district: | ||
(1) are a first and prior lien against the property | ||
assessed; | ||
(2) are superior to any other lien or claim other than | ||
a lien or claim for county, school district, or municipal ad valorem | ||
taxes; and | ||
(3) are the personal liability of and a charge against | ||
the owners of the property even if the owners are not named in the | ||
assessment proceedings. | ||
(b) The lien is effective from the date of the board's | ||
resolution imposing the assessment until the date the assessment is | ||
paid. The board may enforce the lien in the same manner that the | ||
board may enforce an ad valorem tax lien against real property. | ||
(c) The board may make a correction to or deletion from the | ||
assessment roll that does not increase the amount of assessment of | ||
any parcel of land without providing notice and holding a hearing in | ||
the manner required for additional assessments. | ||
Sec. 7913.204. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND | ||
ASSESSMENTS. The district may not impose an impact fee or | ||
assessment on the property, including the equipment, | ||
rights-of-way, facilities, or improvements, of: | ||
(1) an electric utility or a power generation company | ||
as defined by Section 31.002, Utilities Code; | ||
(2) a gas utility as defined by Section 101.003 or | ||
121.001, Utilities Code; | ||
(3) a telecommunications provider as defined by | ||
Section 51.002, Utilities Code; or | ||
(4) a person who provides to the public cable | ||
television or advanced telecommunications services. | ||
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS | ||
Sec. 7913.251. 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. 7913.252. 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. 7913.253. 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. | ||
SUBCHAPTER G. DEFINED AREAS | ||
Sec. 7913.301. AUTHORITY TO ESTABLISH DEFINED AREAS OR | ||
DESIGNATED PROPERTY. The district may define areas or designate | ||
certain property of the district to pay for improvements, | ||
facilities, or services that primarily benefit that area or | ||
property and do not generally and directly benefit the district as a | ||
whole. | ||
Sec. 7913.302. PROCEDURE FOR ELECTION. (a) Before the | ||
district may impose an ad valorem tax or issue bonds payable from ad | ||
valorem taxes of the defined area or designated property, the board | ||
shall hold an election in the defined area or in the designated | ||
property only. | ||
(b) The board may submit the issues to the voters on the same | ||
ballot to be used in another election. | ||
Sec. 7913.303. DECLARING RESULT AND ISSUING ORDER. (a) If | ||
a majority of the voters voting at the election approve the | ||
proposition or propositions, the board shall declare the results | ||
and, by order, shall establish the defined area and describe it by | ||
metes and bounds or designate the specific property. | ||
(b) A court may not review the board's order except on the | ||
ground of fraud, palpable error, or arbitrary and confiscatory | ||
abuse of discretion. | ||
Sec. 7913.304. TAXES FOR SERVICES, IMPROVEMENTS, AND | ||
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter | ||
approval and adoption of the order described by Section 7913.303, | ||
the district may apply separately, differently, equitably, and | ||
specifically its taxing power and lien authority to the defined | ||
area or designated property to provide money to construct, | ||
administer, maintain, and operate services, improvements, and | ||
facilities that primarily benefit the defined area or designated | ||
property. | ||
Sec. 7913.305. ISSUANCE OF BONDS FOR DEFINED AREA OR | ||
DESIGNATED PROPERTY. After the order under Section 7913.303 is | ||
adopted, the district may issue bonds to provide for any land, | ||
improvements, facilities, plants, equipment, and appliances for | ||
the defined area or designated property. | ||
SECTION 2. The Burnet County Municipal Utility District No. | ||
1 initially includes all the territory contained in the following | ||
area: | ||
Being a parcel of land situated in the GC&SF RR CO Survey, Section | ||
330, Grantee - J.N. Crawford, Abstract Number 1772, the HE&WT RR CO | ||
Survey, Section 304, Grantee - J.N. Crawford, Abstract Number 1833, | ||
the T&NO RR CO Survey, Section 2, Grantee - C.F. Burton, Abstract | ||
Number 1756 and the Maria Catalina Salinas Survey Number 17, | ||
Abstract Number 776 and being a portion of a parcel of land as | ||
described in the deed to Hines HWY 71, Limited Partnership recorded | ||
under Instrument Number 2007-9805 of the Official Public Records of | ||
Burnet County, Texas (hereafter referred to as the Hines Tract), | ||
being more particularly described as follows: | ||
BEGINNING at a 12 inch diameter steel fence corner post found at the | ||
northwest corner of said Hines Tract; | ||
THENCE the following nineteen (19) calls coincident with the | ||
perimeter and to the corners of said Hines Tract: | ||
1. NORTH 88 degrees 07 minutes 25 seconds EAST, 160.65 feet | ||
to a found 1/2 inch rebar; | ||
2. NORTH 88 degrees 11 minutes 33 seconds EAST, 381.95 feet | ||
to a found 1/2 inch rebar; | ||
3. NORTH 88 degrees 17 minutes 11 seconds EAST, 557.49 feet | ||
to a found cotton gin spindle in the base of a 24 inch Live Oak; | ||
4. NORTH 87 degrees 48 minutes 14 seconds EAST, 106.07 feet | ||
to a found 1/2 inch rebar; | ||
5. NORTH 88 degrees 40 minutes 10 seconds EAST, 340.08 feet | ||
to a found 1/2 inch rebar; | ||
6. NORTH 88 degrees 21 minutes 35 seconds EAST, 161.15 feet | ||
to a found 60D nail in the base of a 18 inch Cedar; | ||
7. NORTH 88 degrees 02 minutes 57 seconds EAST, 588.76 feet | ||
to a found 2.5 inch steel fence corner post; | ||
8. NORTH 01 degree 44 minutes 40 seconds WEST, 760.21 feet | ||
to a found 1/2 inch rebar; | ||
9. NORTH 01 degree 29 minutes 14 seconds WEST, 214.13 feet | ||
to a found 1/2 inch rebar; | ||
10. NORTH 01 degree 53 minutes 17 seconds WEST, 590.33 feet | ||
to a found 3/8 inch rebar; | ||
11. SOUTH 77 degrees 00 minutes 08 seconds EAST, 491.52 feet | ||
to a found 2.5 inch steel fence corner post; | ||
12. NORTH 87 degrees 53 minutes 14 seconds EAST, 1554.95 | ||
feet to a found 2.5 inch steel fence corner post; | ||
13. NORTH 00 degrees 38 minutes 32 seconds WEST, 566.01 feet | ||
to a found 1/2 inch capped rebar stamped "Bergman 3103"; | ||
14. NORTH 00 degrees 28 minutes 11 seconds WEST, 406.18 feet | ||
to a found 1/2 inch capped rebar stamp illegible; | ||
15. NORTH 88 degrees 34 minutes 22 seconds EAST, 1439.89 | ||
feet to a found 1/2 inch rebar; | ||
16. NORTH 89 degrees 03 minutes 16 seconds EAST, 502.28 feet | ||
to a found 1/2 inch capped rebar stamped "Austin Surveyors"; | ||
17. NORTH 88 degrees 53 minutes 10 seconds EAST, 977.10 feet | ||
to a found 1/2 inch rebar; | ||
18. SOUTH 01 degree 17 minutes 47 seconds EAST, 2875.44 feet | ||
to a found 3/8 inch rebar; | ||
19. SOUTH 01 degree 12 minutes 03 seconds EAST, 1145.50 feet | ||
to a set 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set at | ||
the intersection of the east line of said Hines Tract with the | ||
Burnet-Travis County Line as described in Texas Senate Bill 1009, | ||
an Act of May 22, 2013, 83rd Legislature, Regular Session, Chapter | ||
599, filed in the Office of the Texas Secretary of State; | ||
THENCE SOUTH 28 degrees 40 minutes 00 seconds WEST, with said | ||
Burnet-Travis County Line, passing at 738.26 feet a found rock | ||
mound noted as the 5th mile in the field notes by T. A. Chamberlain | ||
recorded under Document Number 50949 of the County Boundary Files | ||
for Burnet County in the Archives and Records of the Texas General | ||
Land Office, in the vicinity of said rock mound a 1/2 inch capped | ||
rebar stamped "Bergman RPLS 3103" lies northwesterly of said | ||
Burnet-Travis County Line 2.5 feet, continuing for a total distance | ||
of 1591.88 feet to a 1/2 inch capped rebar stamped "JPH LAND | ||
SURVEYING" set at the intersection of said Burnet-Travis County | ||
Line with a south line of said Hines Tract, from which a 6"x 6" x 44" | ||
tall concrete monument marked "T" on the east side, "B" on the west | ||
side and "1930" on the base found marking the corner of Burnet and | ||
Blanco Counties and on the Travis County line bears SOUTH 28 degrees | ||
40 minutes 00 seconds WEST, 1343.39 feet, and from said concrete | ||
monument a 14 inch Live Oak Tree bears NORTH 86 degrees WEST, 16.5 | ||
feet; | ||
THENCE the following six (6) calls coincident with the perimeter | ||
and to the corners of said Hines Tract: | ||
1. SOUTH 88 degrees 48 minutes 34 seconds WEST, 406.38 feet | ||
to a found 1/2 inch rebar from which a found 5/8 inch capped rebar | ||
stamped "RPLS 453?" bears NORTH 28 degrees WEST, 0.3 feet; | ||
2. SOUTH 88 degrees 51 minutes 05 seconds WEST, 283.38 feet | ||
to a found 60D nail in top of a 12 inch diameter fence corner post; | ||
3. NORTH 01 degree 12 minutes 27 seconds WEST, 475.01 feet | ||
to a found cotton gin spindle; | ||
4. SOUTH 88 degrees 57 minutes 29 seconds WEST, 1924.98 feet | ||
to a set mag nail in rock; | ||
5. SOUTH 25 degrees 44 minutes 58 seconds WEST, 532.03 feet | ||
to a found 1/2 inch capped rebar stamped "RPLS 4?52"; | ||
6. SOUTH 06 degrees 38 minutes 28 seconds WEST, 387.56 feet | ||
to a set 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set at | ||
the intersection of an easterly line of said Hines Tract with the | ||
Burnet-Blanco County Line; | ||
THENCE NORTH 71 degrees 49 minutes 50 seconds WEST, 2120.42 feet | ||
with said Burnet-Blanco County Line to a 1/2 inch capped rebar | ||
stamped "JPH LAND SURVEYING" set at the intersection of the east | ||
right of way line of State Highway 71 (formerly known as R.M. | ||
Highway 93) a 150-foot right of way, as described in the deed to the | ||
State of Texas recorded in Volume 98, Pages 530 and 531 of the Deed | ||
Records of Burnet County, Texas with said Burnet-Blanco County | ||
Line, from which a calculated point being a deed call tie as | ||
described in said deed to the State of Texas to said Burnet-Blanco | ||
County Line bears NORTH 71 degrees 49 minutes 50 seconds WEST, 148.8 | ||
feet; | ||
THENCE the following four (4) calls coincident with the perimeter | ||
and to the corners of the east right of way line of said State | ||
Highway 71: | ||
1. NORTH 48 degrees 03 minutes 28 seconds WEST, 518.91 feet | ||
to a Texas Department of Transportation 4 inch x 4 inch concrete | ||
right of way monument found at the beginning of a tangent curve | ||
concave to the northeast, having a radius of 2805.00 feet; | ||
2. northwesterly an arc length of 1334.88 feet to a Texas | ||
Department of Transportation 4 inch x 4 inch concrete right of way | ||
monument found at the beginning of a tangent line to the | ||
aforementioned curve; | ||
3. NORTH 20 degrees 47 minutes 28 seconds WEST, 635.31 feet | ||
to a Texas Department of Transportation 4 inch x 4 inch concrete | ||
right of way monument found at the beginning of a tangent curve | ||
concave to the southwest having a radius of 5790.00 feet; | ||
4. northerly an arc length of 596.51 feet to the POINT OF | ||
BEGINNING, containing 643.0 acres. | ||
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 | ||
7913, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7913.107 to read as follows: | ||
Sec. 7913.107. 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4160 was passed by the House on May 8, | ||
2015, by the following vote: Yeas 140, Nays 2, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4160 was passed by the Senate on May | ||
27, 2015, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |