Bill Text: TX HB4505 | 2019-2020 | 86th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 178; 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: (Passed) 2019-06-10 - Effective immediately [HB4505 Detail]
Download: Texas-2019-HB4505-Engrossed.html
Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 178; 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: (Passed) 2019-06-10 - Effective immediately [HB4505 Detail]
Download: Texas-2019-HB4505-Engrossed.html
86R20777 GRM-F | ||
By: Metcalf | H.B. No. 4505 |
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relating to the creation of the Montgomery County Municipal Utility | ||
District No. 178; 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 8086 to read as follows: | ||
CHAPTER 8086. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 178 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8086.0101. 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. 178. | ||
Sec. 8086.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8086.0103. CONFIRMATION AND DIRECTOR 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. 8086.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8086.0103 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. 8086.0105. 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. 8086.0106. 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. 8086.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8086.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8086.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Juan Trejo, III; | ||
(2) Scott Carson; | ||
(3) Darrin Warr; | ||
(4) Will De la Rosa; and | ||
(5) Cody Bark. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8086.0103; 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 8086.0103 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 8086.0103; 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. 8086.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8086.0302. 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. 8086.0303. 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. 8086.0304. 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. 8086.0305. 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. 8086.0306. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has never issued any bonds; 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 enacting 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 | ||
8086.0103 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 8086.0103. | ||
(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 | ||
8086.0104 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. 8086.0401. 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 8086.0403. | ||
(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. 8086.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8086.0401, 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. 8086.0403. 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. 8086.0501. 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. 8086.0502. 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. 8086.0503. 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. 178 initially includes all the territory contained in the | ||
following area: | ||
Being 133.0 acres of land in the F. K. Henderson Survey, | ||
Abstract 248, Montgomery County, Texas, and being a portion of the | ||
116.9 acre tract ("First Tract") and a portion of the 139.78 acre | ||
tract ("Second Tract") described in the deed from Otway Taylor, et | ||
al., to Geo. B. Darden recorded in Volume 258, Page 84 of the | ||
Official Public Records of Real Property of Montgomery County, | ||
Texas, also described in deed from Geo. B. Darden conveying 50% | ||
interest in the above referenced tracts to W. T. Moran recorded in | ||
Volume 285, Page 598 of the Official Public Records of Real Property | ||
of Montgomery County, Texas, and being a portion of the 34 acre | ||
tract described in deed from Geo. B. Darden conveying 50% interest | ||
in said 34 acre tract to W. T. Moran recorded in Volume 285, Page 598 | ||
of the Official Public Records of Real Property of Montgomery | ||
County, Texas, and being more particularly described by metes and | ||
bounds as follows with bearings based on the Texas Coordinate | ||
System of 1983, Central Zone: | ||
BEGINNING at a 1-inch pinched top pipe found for the most | ||
southerly corner of the called 4.4 acre tract described in the deed | ||
to Bessie Ingrum, et al., recorded in Volume 613, Page 166 of the | ||
Official Public Records of Real Property of Montgomery County, | ||
Texas, and being on the existing east right-of-way line of | ||
Interstate Highway 45 (width varies) described in Volume 495, Page | ||
593 of the Montgomery County Deed Records and being a southwesterly | ||
corner of the herein described tract; | ||
THENCE North 72° 02' 04" East - 775.42 feet, with the | ||
southerly line of said called 4.4 acre tract to a 5-inch metal post | ||
at a barbed wire fence corner found for the most easterly corner of | ||
said called 4.4 acre tract; | ||
THENCE North 18° 13' 40" West - 258.57 feet, with the easterly | ||
line of said called 4.4 acre tract to a 3/4-inch pinched top pipe | ||
found for the most northerly corner of said called 4.4 acre tract | ||
and being the most easterly corner of the called 20.478 acre tract | ||
described in deed to O. G. Williams recorded under Volume 613, Page | ||
166 of the Official Public Records of Real Property of Montgomery | ||
County, Texas; | ||
THENCE North 18° 04' 15" West - 1902.34 feet, with the | ||
easterly line of said called 20.478 acre tract to a 5-inch metal | ||
post at a barbed wire fence corner found for the most northerly | ||
corner of said called 20.478 acre tract, being the northwest corner | ||
of the herein described tract and being on the southeasterly line | ||
of the 184 acre tract described in deed to W. T. Moran recorded in | ||
Volume 225, Page 324 of the Montgomery County Deed Records, and from | ||
which point a 1-inch pinched top pipe found on the existing east | ||
right-of-way line of said Interstate Highway 45 bears South 72° 30' | ||
01" West - 239.16 feet; | ||
THENCE North 72° 30' 01" East, at a distance of 2178.53 feet | ||
pass a found 1-1/4 inch iron pipe, in all a total distance of | ||
2996.55 feet to a 5/8-inch iron rod with cap stamped "IDS" set for | ||
an angle point in the center of the 50-feet wide Gulf States | ||
Utilities Company easement recorded in Volume 117, Page 578 of the | ||
Montgomery County Deed Records; | ||
THENCE North 18° 25' 50" West - 150.08 feet, with the | ||
centerline of said 50-feet wide easement, to a 4-inch metal pole in | ||
concrete found for the west corner of the 6.000 acre tract described | ||
in deed to Andrew Scott Munson recorded in File Number 2002-114531 | ||
of the Official Public Records of Real Property of Montgomery | ||
County, Texas; | ||
THENCE South 77° 55' 33" East - 628.35 feet, with the | ||
southerly line of said 6.000 acre tract to a 5/8-inch iron rod with | ||
cap stamped "IDS" set for an angle point and being the north corner | ||
of the 1.724 acre tract described in deed to Boardman Lee Munson | ||
recorded in File Number 2005-039674 of the Official Public Records | ||
of Real Property of Montgomery County, Texas; | ||
THENCE South 13° 15' 38" West - 410.25 feet, with the westerly | ||
line of said 1.724 acre tract and subsequently the westerly line of | ||
the 2.00 acre tract described in deed to S.R.S. FAMILY, L.P. | ||
recorded in File Number 2016-072723 of the Official Public Records | ||
of Real Property of Montgomery County, Texas, to a 5/8-inch iron rod | ||
found for the southwest corner of said 2.00 acre tract and being an | ||
interior corner of the herein described tract; | ||
THENCE South 76° 38' 05" East - 418.77 feet, with the south | ||
line of said 2.00 acre tract, to a 1/2-inch iron rod found for the | ||
southeast corner of said 2.00 acre tract and being on the westerly | ||
right-of-way line of State Highway 75 (width varies); | ||
THENCE South 11° 56' 11" West - 641.18 feet, with the westerly | ||
right-of-way line of State Highway 75, to a 1/2-inch iron rod with | ||
cap stamped "JEFF MOON" found for the northeast corner of the | ||
30-feet wide access easement described in deed to City of Willis | ||
recorded in Volume 949, Page 600 of the Official Public Records of | ||
Real Property of Montgomery County, Texas; | ||
THENCE North 76° 39' 50" West - 170.90 feet, with the north | ||
line of said 30-feet wide access easement, to a 1/2-inch iron rod | ||
with cap stamped "JEFF MOON" found for the beginning of a curve to | ||
the left; | ||
THENCE in a southwesterly direction, with the north line of | ||
said 30-feet wide easement and with said curve to the left, having a | ||
radius of 275.00 feet, a central angle of 29° 50' 00", a chord | ||
bearing and distance of South 88° 25' 13" West - 141.58 feet, and an | ||
arc distance of 143.19 feet to a 1/2-inch iron rod (bent) found for | ||
the end of said curve; | ||
THENCE South 73° 30' 13" West - 376.45 feet, continuing with | ||
the north line of said 30-feet wide easement, to a 5/8-inch iron rod | ||
(bent) found for the northwest corner of said 30-feet wide easement | ||
and being the northeast corner of a 4.3668 acre tract described in | ||
deed to City of Willis recorded in File Number Volume 949, Page 593 | ||
of the Official Public Records of Real Property of Montgomery | ||
County, Texas; | ||
THENCE South 73° 27' 30" West - 549.83 feet, with the north | ||
line of 4.3668 acre tract to a 5/8- inch iron rod found for the | ||
northwest corner of said 4.3668 acre tract; | ||
THENCE South 16° 08' 36" East - 74.20 feet, with a westerly | ||
line of said 4.3668 acre tract, to the centerline of East Fork of | ||
Crystal Creek and being a northerly corner of the called 56.537 acre | ||
tract described in deed to WILLIS INDEPENDENT SCHOOL DISTRICT | ||
recorded in File Number 2009-075919 of the Official Public Records | ||
of Real Property of Montgomery County, Texas; | ||
THENCE upstream with the centerline meanders of East Fork of | ||
Crystal Creek and the northerly lines of said 56.537 acre tract the | ||
following courses and distances: | ||
South 70° 35' 11" West - 33.39 feet to a point; | ||
North 80° 32' 26" West - 73.75 feet to a point; | ||
South 71° 37' 44" West - 71.55 feet to a point; | ||
North 37° 39' 44" West - 193.05 feet to a point; | ||
North 75° 27' 42" West - 15.78 feet to a point; | ||
South 79° 52' 36" West - 16.52 feet to a point; | ||
North 21° 05' 06" West - 17.97 feet to a point; | ||
North 36° 24' 29" East - 31.20 feet to a point; | ||
North 75° 23' 22" West - 89.92 feet to a point; | ||
North 72° 00' 47" West - 54.68 feet to a point; | ||
North 26° 03' 42" East - 25.75 feet to a point; | ||
North 61° 20' 29" East - 42.65 feet to a point; | ||
North 15° 26' 24" West - 11.68 feet to a point; | ||
North 53° 00' 21" West - 53.87 feet to a point; | ||
South 58° 16' 00" West - 20.71 feet to a point; | ||
North 79° 26' 57" West - 16.65 feet to a point; | ||
North 48° 21' 09" West - 27.21 feet to a point; | ||
North 18° 36' 35" West - 37.64 feet to a point; | ||
North 15° 59' 52" West - 45.67 feet to a point; | ||
North 30° 02' 36" West - 11.21 feet to a point; | ||
North 72° 54' 49" West - 31.82 feet to a point; | ||
North 86° 21' 07'' West - 28.71 feet to a point; | ||
THENCE with westerly lines of said 56.537 acre tract and | ||
interior lines of the herein described tract the following courses | ||
and distances: | ||
South 60° 52' 13" West - 439.62 feet to a 5/8-inch iron | ||
rod with cap stamped "M&A" found for an angle corner; | ||
South 12° 53' 19" West - 1415.35 feet to a 5/8-inch iron | ||
rod with cap stamped "M&A" found for an angle corner; | ||
South 22° 51' 04" East - 900.35 feet to a 5/8-inch iron | ||
rod with cap stamped "M&A" found for an angle corner; | ||
South 15° 52' 57'' East - 478.23 feet to a 5/8-inch iron | ||
rod with cap stamped "IDS" set on the arc of a non-tangent | ||
curve to the left and being on the north right-of-way line of | ||
FM 830 (120-feet wide) recorded in Volume 563, Page 60 of the | ||
Official Public Records of Real Property of Montgomery | ||
County, Texas; | ||
THENCE in a southwesterly direction, with the north | ||
right-of-way line of FM 830 and said curve to the left, having a | ||
radius of 2925.00 feet, a central angle of 03° 30' 20", a chord | ||
bearing and distance of South 87° 37' 26" West - 178.93 feet, and an | ||
arc distance of 178.96 feet to a TxDOT concrete monument found for | ||
the end of said curve; | ||
THENCE South 85° 52' 16" West - 902.35 feet, continuing with | ||
the north right-of-way line of FM 830, to the south corner of a | ||
cutback line at the intersection of the north right-of-way line of | ||
FM 830 and the easterly right-of-way line of said Interstate | ||
Highway 45, from which point a TxDOT concrete monument bears South | ||
46° 39' 14" East - 1.07 feet; | ||
THENCE North 39° 05' 47" West - 67.43 feet, with said cutback | ||
line, to the north corner of said cutback line and the easterly | ||
right-of-way line of said Interstate Highway 45, being the | ||
beginning of a non-tangent curve to the left, from which point a | ||
TxDOT concrete monument bears South 72° 08' 45" East - 0.46 feet; | ||
THENCE in a northwesterly direction, with the easterly | ||
right-of-way line of said Interstate Highway 45 and with said curve | ||
to the left, having a radius of 285.00 feet, a central angle of 64° | ||
59' 58", a chord bearing and distance of North 36° 39' 22" West - | ||
306.26 feet, and an arc distance of 323.32 feet to the end of said | ||
curve from which point a TxDOT concrete monument bears South 48° 43' | ||
13" East - 0.51 feet; | ||
THENCE North 69° 09' 21" West - 272.82 feet, continuing with | ||
the easterly right-of-way line of said Interstate Highway 45 to a | ||
TxDOT concrete monument found for the beginning of a curve to the | ||
right; | ||
THENCE in a northwesterly direction, continuing with the | ||
easterly right-of-way line of said Interstate Highway 45 and with | ||
said curve to the right, having a radius of 177.00 feet, a central | ||
angle of 65° 00' 00", a chord bearing and distance of North 36° 39' | ||
21" West - 190.20 feet, and an arc distance of 200.80 feet to a TxDOT | ||
concrete monument found for the end of said curve; | ||
THENCE North 04° 09' 21" West - 214.21 feet, continuing with | ||
the easterly right-of-way line of said Interstate Highway 45, to | ||
the POINT OF BEGINNING and containing 133.0 acres of land. | ||
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 | ||
8086, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8086.0307 to read as follows: | ||
Sec. 8086.0307. 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, 2019. |