Bill Text: TX HB4581 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the creation of the Brazoria County Municipal Utility District No. 82; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-05-21 - Posting rule suspended [HB4581 Detail]
Download: Texas-2021-HB4581-Introduced.html
87R10944 SGM-F | ||
By: Vasut | H.B. No. 4581 |
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relating to the creation of the Brazoria County Municipal Utility | ||
District No. 82; 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 8153 to read as follows: | ||
CHAPTER 8153. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 82 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8153.0101. 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 Brazoria County Municipal | ||
Utility District No. 82. | ||
Sec. 8153.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8153.0103. 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. 8153.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8153.0103 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. 8153.0105. 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. 8153.0106. 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. 8153.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8153.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8153.0202. 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 8153.0103; 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 8153.0103 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 8153.0103; 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. 8153.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8153.0302. 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. 8153.0303. 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. 8153.0304. 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. 8153.0305. 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. 8153.0306. 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) A 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 | ||
8153.0103 to confirm the district's creation. | ||
(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 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 8153.0103. | ||
(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 | ||
8153.0104 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. 8153.0401. 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 8153.0403. | ||
(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. 8153.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8153.0401, 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. 8153.0403. 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. 8153.0501. 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. 8153.0502. 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. 8153.0503. 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 Brazoria County Municipal Utility District | ||
No. 82 initially includes all the territory contained in the | ||
following area: | ||
Beginning at a concrete monument found in the easterly | ||
right-of-way line of F. M. Highway 521 (100-feet wide) for the | ||
northwest corner of said called 541.131 acre tract, same being the | ||
southwest corner of an adjoining called 2.97 acre tract recorded | ||
under County Clerk's File Number 01-008056, Office of the County | ||
Clerk, Brazoria County, Texas, for the northwest corner and Place | ||
of Beginning of the herein described tract; | ||
Thence North 87 degrees 05 minutes 19 seconds East along the | ||
north line of the herein described tract and said called 541.131 | ||
acre tract, same being the south line of said adjoining called 2.97 | ||
acre tract, and the south line of an adjoining called 96.50 acre | ||
tract recorded under County Clerk's File Number 00-016352, Office | ||
of the County Clerk, Brazoria County, Texas, 2,947.41 feet to a | ||
concrete monument found for angle point, said point being the | ||
southeast corner of said adjoining called 96.50 acre tract, same | ||
being the southwest corner of the adjoining residue of a called | ||
36.97 acre tract recorded under County Clerk's File Number | ||
94-019052, Office of the County Clerk, Brazoria County, Texas; | ||
Thence North 86 degrees 57 minutes 34 seconds East along the | ||
north line of the herein described tract and said called 541.131 | ||
acre tract, same being the south line of said adjoining called 36.97 | ||
acre tract, 861.64 feet to the northwest corner of an adjoining | ||
called 43.308 acre tract recorded under County Clerk's File Number | ||
2017048421, Office of the County Clerk, Brazoria County, Texas, and | ||
described under County Clerk's File Number 2002063838, Office of | ||
the County Clerk, Brazoria County, Texas, for the upper northeast | ||
corner of the herein described tract; | ||
Thence South 03 degrees 24 minutes 10 seconds East along the | ||
common line of the herein described tract and said adjoining called | ||
43.308 acre tract, 1,622.24 feet to the southwest corner of said | ||
adjoining called 43.308 acre tract, said point being in the north | ||
line of the aforementioned residue of a called 60 acre tract; | ||
Thence North 86 degrees 26 minutes 35 seconds East continuing | ||
along said common line, 825.98 feet to a point in the west | ||
right-of-way line of State Highway 288 for the middle northeast | ||
corner of the herein described tract, same being the southeast | ||
corner of said adjoining called 43.308 acre tract; | ||
Thence South 08 degrees 10 minutes 09 seconds East along the | ||
west right-of-way line of State Highway 288, 1,184.70 feet to the | ||
beginning of a curve to the right; | ||
Thence with said curve to the right, continuing along the | ||
west right-of-way line of State Highway 288, having a central angle | ||
of 01 degree 53 minutes 42 seconds, an arc length of 372.03 feet, a | ||
radius of 11,249.16 feet, and a chord bearing South 07 degrees 13 | ||
minutes 18 seconds East, 372.02 feet to the northeast corner of an | ||
adjoining called 4.9560 acre tract (Tract One) recorded under | ||
County Clerk's File Number 96-0362520, Office of the County Clerk, | ||
Brazoria County, Texas; | ||
Thence South 86 degrees 48 minutes 29 seconds West along the | ||
common line of the herein described tract and said adjoining called | ||
4.9560 acre tract, 271.50 feet to the northwest corner of said | ||
adjoining called 4.9560 acre tract for a reentry corner to the | ||
herein described tract; | ||
Thence South 02 degrees 12 minutes 28 seconds East continuing | ||
along said common line, 734.87 feet to the southwest corner of said | ||
adjoining called 4.9560 acre tract for a reentry corner to the | ||
herein described tract; | ||
Thence North 87 degrees 09 minutes 47 seconds East continuing | ||
along said common line, 299.63 feet to the southeast corner of said | ||
adjoining called 4.9560 acre tract for the lower northeast corner | ||
of the herein described tract, said point being in the west | ||
right-of-way line of State Highway 288, and being in a non-tangent | ||
curve to the right; | ||
Thence with said non-tangent curve to the right, along the | ||
west right-of-way line of State Highway 288, having a central angle | ||
of 02 degrees 16 minutes 29 seconds, an arc length of 446.63 feet, a | ||
radius of 11,249.16 feet, and a chord bearing South 01 degree 23 | ||
minutes 01 second East, 446.60 feet to the end of said curve; | ||
Thence South 00 degrees 14 minutes 46 seconds East continuing | ||
along the west right-of-way line of State Highway 288, 1,890.37 | ||
feet to the northeast corner of an adjoining called 15 acre tract | ||
recorded under County Clerk's File Number 02-067061, Office of the | ||
County Clerk, Brazoria County, Texas, for the upper southeast | ||
corner of the herein described tract, being the upper southeast | ||
corner of the aforementioned called 170.00 acre tract; | ||
Thence South 87 degrees 02 minutes 34 seconds West along the | ||
upper south line of the herein described tract, same being the north | ||
line of said adjoining called 15 acre tract, 354.62 feet to the | ||
northwest corner of said adjoining called 15 acre tract, same being | ||
the northeast corner of an adjoining called 91.87 acre tract (Tract | ||
Three) recorded under County Clerk's File Number 2015014625, Office | ||
of the County Clerk, Brazoria County, Texas, and described in | ||
Volume 362, Page 470, Deed Records, Brazoria County, Texas, for an | ||
angle point, said point being in the centerline of the Angleton | ||
Protection Levee; | ||
Thence South 86 degrees 59 minutes 15 seconds West along the | ||
north line of said adjoining called 91.87 acre tract, 2,103.32 feet | ||
to the northwest corner of said adjoining called 91.87 acre tract, | ||
for a reentry corner to the herein described tract, said point being | ||
in the west line of said J. W. Cloud Survey, Abstract 169, same | ||
being the east line of said George Robinson League, Abstract 126; | ||
Thence South 02 degrees 44 minutes 56 seconds East along the | ||
east line of said George Robinson League, Abstract 126, same being | ||
the west line of said J. W. Cloud Survey, Abstract 169, and the west | ||
line of said adjoining called 91.87 acre tract, 803.82 feet to an | ||
angle point, being the lower southeast corner of said called 170.00 | ||
acre tract, same being the northeast corner of the aforementioned | ||
residue of a called 134 acre tract; | ||
Thence South 02 degrees 50 minutes 23 seconds East continuing | ||
along said line, 655.23 feet to a point for the lower southeast | ||
corner of the herein described tract and said residue of a called | ||
134 acre tract, same being the northeast corner of an adjoining | ||
called 116.155 acre tract recorded under County Clerk's File Number | ||
2018029439, Office of the County Clerk, Brazoria County, Texas; | ||
Thence South 86 degrees 53 minutes 29 seconds West along the lower | ||
south line of the herein described tract, same being the north line | ||
of said adjoining called 116.155 acre tract, and the north line of | ||
an adjoining called 4.52 acre tract recorded under County Clerk's | ||
File Number 2010021440, Office of the County Clerk, 3,742.61 feet | ||
to a point for the lower southwest corner of the herein described | ||
tract, same being the southeast corner of the adjoining residue of a | ||
called 1.0 acre tract recorded in Volume 1251, Page 707, Deed | ||
Records, Brazoria County, Texas; | ||
Thence North 04 degrees 36 minutes 11 seconds West along the | ||
common line of the herein described tract and said adjoining | ||
residue of a called 1.0 acre tract, 158.90 feet to the northeast | ||
corner of said adjoining called 1.0 acre tract; | ||
Thence South 87 degrees 02 minutes 13 seconds West continuing | ||
along said common line, 277.30 feet to the northwest corner of said | ||
adjoining residue of a called 1.0 acre tract, said point being in | ||
the east right-of-way line of County Road 44, and being in a | ||
non-tangent curve to the right; | ||
Thence with said non-tangent curve to the right, being the | ||
east right-of-way line of County Road 44, having a central angle of | ||
14 degrees 56 minutes 06 seconds, an arc length of 723.70 feet, a | ||
radius of 2,776.40 feet, and a chord bearing North 13 degrees 22 | ||
minutes 44 seconds West, 721.66 feet to the southwest corner of an | ||
adjoining called 1.0371 acre tract recorded under County Clerk's | ||
File Number 2008008925, Office of the County Clerk, Brazoria | ||
County, Texas; | ||
Thence North 84 degrees 54 minutes 13 seconds East along the | ||
common line of the herein described tract and said adjoining called | ||
1.0371 acre tract, 252.52 feet to the southeast corner of said | ||
adjoining called 1.0371 acre tract for a reentry corner to the | ||
herein described tract; | ||
Thence North 04 degrees 18 minutes 51 seconds West continuing | ||
along said common line, 181.64 feet to the northeast corner of said | ||
adjoining called 1.0371 acre tract for a reentry corner to the | ||
herein described tract; | ||
Thence South 84 degrees 43 minutes 22 seconds West continuing | ||
along said common line, 251.68 feet to the northwest corner of said | ||
adjoining called 1.0371 acre tract, said point being in the east | ||
right-of-way line of County Road 44, and being in a non-tangent | ||
curve to the right; | ||
Thence with said non-tangent curve to the right, being the | ||
east right-of-way line of County Road 44, transitioning to the | ||
easterly right-of-way line of F. M. Highway 521, having a central | ||
angle of 10 degrees 03 minutes 42 seconds, an arc length of 487.56 | ||
feet, a radius of 2,776.40 feet, and a chord bearing North 02 | ||
degrees 51 minutes 09 seconds East, 486.94 feet to the southwest | ||
corner of an adjoining tract being called Lot 5 and the South | ||
60-feet of Lot 6, Block 35, Fruitland Subdivision, as evidenced in | ||
deed recorded under County Clerk's File Number 2006000498, Office | ||
of the County Clerk, Brazoria County, Texas; | ||
Thence North 87 degrees 06 minutes 39 seconds East along the | ||
common line of the herein described tract and said adjoining | ||
Fruitland Subdivision tract, 132.66 feet to the southeast corner of | ||
said adjoining Fruitland Subdivision tract for a reentry corner to | ||
the herein described tract; | ||
Thence North 02 degrees 53 minutes 20 seconds West continuing | ||
along said common line, 60.00 feet to the northeast corner of said | ||
adjoining Fruitland Subdivision tract for a reentry corner to the | ||
herein described tract; | ||
Thence South 87 degrees 06 minutes 39 seconds West continuing | ||
along said common line, 120.56 feet to the northwest corner of said | ||
adjoining Fruitland Subdivision tract, said point being in the | ||
easterly right-of-way line of F. M. Highway 521, and being in a | ||
non-tangent curve to the right; | ||
Thence with said non-tangent curve to the right, being the | ||
easterly right-of-way line of F. M. Highway 521, having a central | ||
angle of 04 degrees 50 minutes 12 seconds, an arc length of 234.37 | ||
feet, a radius of 2,776.40 feet, and a chord bearing North 11 | ||
degrees 33 minutes 54 seconds East, 234.31 feet to the end of said | ||
curve; | ||
Thence North 13 degrees 58 minutes 59 seconds East along the | ||
westerly line of the herein described tract, same being the | ||
easterly right-of-way line of F. M. Highway 521, 302.34 feet to a | ||
concrete monument found for angle point, said point being the | ||
northwest corner of said called 170.00 acre tract, same being the | ||
southwest corner of the aforementioned called 170.66 acre tract; | ||
Thence North 14 degrees 05 minutes 31 seconds East continuing | ||
along said line, 973.60 feet to the southwest corner of the | ||
adjoining residue of a called 2 acre tract recorded in Volume 122, | ||
Page 203, Deed Records, Brazoria County, Texas; | ||
Thence North 87 degrees 21 minutes 22 seconds East along the | ||
common line of the herein described tract and said adjoining | ||
residue of a called 2 acre tract, 1,700.63 feet to the southeast | ||
corner of said adjoining called 2 acre tract for a reentry corner to | ||
the herein described tract; | ||
Thence North 02 degrees 38 minutes 38 seconds West continuing | ||
along said common line, 50.00 feet to the northeast corner of said | ||
adjoining residue of a called 2 acre tract for a reentry corner to | ||
the herein described tract; | ||
Thence South 87 degrees 21 minutes 22 seconds West continuing | ||
along said common line, 1,685.60 feet to the northwest corner of | ||
said adjoining residue of a called 2 acre tract for the upper | ||
southwest corner of the herein described tract, said point being in | ||
the easterly right-of-way line of F. M. Highway 521; | ||
Thence North 14 degrees 05 minutes 31 seconds East along the | ||
westerly line of the herein described tract, same being the | ||
easterly right-of-way line of F. M. Highway 521, 217.09 feet to an | ||
angle point, said point being the northwest corner of said called | ||
170.66 acre tract, same being the southwest corner of the | ||
aforementioned residue of a called 541.131 acre tract; | ||
Thence North 14 degrees 02 minutes 37 seconds East continuing | ||
along the westerly line of the herein described tract, same being | ||
the easterly right-of-way line of F. M. Highway 521, 4,611.00 feet | ||
to the Place of Beginning and containing 911.12 acres of land, more | ||
or less. | ||
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 | ||
8153, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8153.0307 to read as follows: | ||
Sec. 8153.0307. 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, 2021. |