Bill Text: TX SB1116 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation, administration, powers, duties, functions, operations, and financing of the Crystal Clear Special Utility District; providing authority to issue bonds; granting a limited power of eminent domain.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective immediately [SB1116 Detail]
Download: Texas-2013-SB1116-Comm_Sub.html
Bill Title: Relating to the creation, administration, powers, duties, functions, operations, and financing of the Crystal Clear Special Utility District; providing authority to issue bonds; granting a limited power of eminent domain.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective immediately [SB1116 Detail]
Download: Texas-2013-SB1116-Comm_Sub.html
By: Zaffirini | S.B. No. 1116 | |
(Kuempel) | ||
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relating to the creation, administration, powers, duties, | ||
functions, operations, and financing of the Crystal Clear Special | ||
Utility District; providing authority to issue bonds; granting a | ||
limited power of eminent domain. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 7206 to read as follows: | ||
CHAPTER 7206. CRYSTAL CLEAR SPECIAL UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7206.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Corporation" means the Crystal Clear Water Supply | ||
Corporation. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Crystal Clear Special Utility | ||
District. | ||
Sec. 7206.002. NATURE OF DISTRICT. The district is a | ||
special utility district in Comal, Guadalupe, and Hays Counties | ||
created under and essential to accomplish the purposes of Section | ||
59, Article XVI, Texas Constitution. The district is created to | ||
serve a public use and benefit. | ||
Sec. 7206.003. CONFIRMATION ELECTION REQUIRED. If the | ||
creation of the district is not confirmed at a confirmation and | ||
initial directors' election held before September 1, 2016: | ||
(1) the district is dissolved on September 1, 2016, | ||
except that the district shall: | ||
(A) pay any debts incurred; | ||
(B) transfer to Comal, Guadalupe, or Hays County, | ||
as appropriate, any assets of the district that remain after the | ||
payment of debts; and | ||
(C) maintain the organization of the district | ||
until all debts are paid and remaining assets are transferred; and | ||
(2) this chapter expires September 1, 2017. | ||
Sec. 7206.004. APPLICABILITY OF OTHER LAW. Except as | ||
otherwise provided by this chapter, Chapters 49 and 65, Water Code, | ||
apply to the district. | ||
Sec. 7206.005. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act creating this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act creating 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: | ||
(1) the organization, existence, or validity of the | ||
district; | ||
(2) the right of the district to issue any type of | ||
bond, including a refunding bond, for a purpose for which the | ||
district is created or to pay the principal of and interest on a | ||
bond; or | ||
(3) the legality or operation of the district or the | ||
board of directors of the district. | ||
SUBCHAPTER A-1. TEMPORARY PROVISIONS | ||
Sec. 7206.021. TEMPORARY DIRECTORS. (a) The temporary | ||
board of directors of the district is composed of: | ||
(1) Dennis R. Krackau; | ||
(2) Jackie E. Carson; | ||
(3) Carroll U. Hoffmann; | ||
(4) Richard A. Hanz; | ||
(5) Jarold R. Hildebrand; | ||
(6) James R. Stewart; and | ||
(7) Michael L. Cox. | ||
(b) Each temporary director shall qualify for office as | ||
provided by Section 49.055, Water Code. | ||
(c) If a temporary director fails to qualify for office, the | ||
temporary directors who have qualified shall appoint a person to | ||
fill the vacancy. If at any time there are fewer than four | ||
qualified temporary directors, the Texas Commission on | ||
Environmental Quality shall appoint the necessary number of | ||
directors to fill all vacancies on the board. | ||
(d) Temporary directors serve until the earlier of: | ||
(1) the date initial directors are elected under | ||
Section 7206.022; or | ||
(2) the date this chapter expires under Section | ||
7206.003. | ||
(e) As soon as practicable after all the temporary directors | ||
have qualified under Section 49.055, Water Code, the temporary | ||
directors shall convene the organizational meeting of the district | ||
and elect officers from among the temporary directors. | ||
Sec. 7206.022. CONFIRMATION AND INITIAL DIRECTORS' | ||
ELECTION. (a) Before September 1, 2016, the temporary directors | ||
shall hold an election to confirm the creation of the district and | ||
to elect seven initial directors in accordance with Chapters 49 and | ||
65, Water Code. | ||
(b) The temporary board of directors shall determine the | ||
method for determining the initial term of each person on the | ||
initial board of directors. The terms must be clearly stated on the | ||
ballot for the confirmation and directors' election. | ||
(c) Section 41.001(a), Election Code, does not apply to a | ||
confirmation and directors' election held as provided by this | ||
section. | ||
(d) The initial directors shall continue to serve until the | ||
district directors elected at the first regularly scheduled | ||
election of directors under Section 7206.052 qualify for office. | ||
Sec. 7206.023. TRANSFER OF ASSETS; DISSOLUTION. (a) If | ||
the creation of the district is confirmed under Section 7206.022, | ||
the corporation shall transfer the assets, debts, and contractual | ||
rights and obligations of the corporation to the district. | ||
(b) Not later than the 30th day after the date of the | ||
transfer under Subsection (a), the board of directors of the | ||
corporation shall commence dissolution proceedings of the | ||
corporation. | ||
(c) On dissolution of the corporation, Certificate of | ||
Convenience and Necessity No. 10297 is considered to be held by the | ||
district. | ||
(d) The board of directors of the corporation shall notify | ||
the Texas Commission on Environmental Quality of the dissolution of | ||
the corporation and of the transfer of Certificate of Convenience | ||
and Necessity No. 10297 to the district. | ||
(e) On receipt of notice under Subsection (d), the Texas | ||
Commission on Environmental Quality shall note in its records that | ||
Certificate of Convenience and Necessity No. 10297 is held by the | ||
district and shall reissue the certificate in the name of the | ||
district without further application, notice, or hearing. A | ||
person, party, or entity does not have any right of protest, | ||
objection, or administrative review of the transfer prescribed by | ||
this section. | ||
Sec. 7206.024. EXPIRATION OF SUBCHAPTER. This subchapter | ||
expires September 1, 2017. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7206.051. DIRECTORS. (a) The district shall be | ||
governed by a board of not fewer than 5 and not more than 11 | ||
directors, elected in accordance with Section 65.101, Water Code. | ||
(b) The directors of the district serve staggered | ||
three-year terms. | ||
Sec. 7206.052. ELECTION OF DIRECTORS. After the district | ||
is confirmed under Section 7206.022, the district shall hold an | ||
election on the uniform election date in November of each year to | ||
elect the appropriate number of directors. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 7206.101. GENERAL POWERS. Except as otherwise | ||
provided by this chapter, the district has all of the rights, | ||
powers, privileges, authority, functions, and duties provided by | ||
the general law of this state, including Chapters 49 and 65, Water | ||
Code, applicable to special utility districts created under Section | ||
59, Article XVI, Texas Constitution. | ||
Sec. 7206.102. WATER SERVICE IMPACT FEE. (a) The district | ||
may charge a water service impact fee that is not greater than the | ||
capital recovery fee charged by the corporation on December 31, | ||
2012, under the corporation's tariff. | ||
(b) Chapter 395, Local Government Code, does not apply to an | ||
initial water service impact fee set under Subsection (a). | ||
(c) The district may increase the water service impact fee | ||
authorized under Subsection (a) only as provided by Chapter 395, | ||
Local Government Code, as approved by the Texas Commission on | ||
Environmental Quality, or as otherwise provided by law. | ||
Sec. 7206.103. EMINENT DOMAIN. (a) Except as provided by | ||
Subsection (b), the district has all the power and authority of a | ||
special utility district under Chapters 49 and 65, Water Code, to | ||
acquire by condemnation any land, easement, or other property | ||
located inside or outside the boundaries of the district for any | ||
district project or purpose. | ||
(b) The district may not exercise the power of eminent | ||
domain to condemn land, easements, or other property located | ||
outside the boundaries of the district for sanitary sewer purposes. | ||
Sec. 7206.104. SERVICES TO BE PROVIDED BY DISTRICT OR CITY | ||
OF NEW BRAUNFELS. (a) A structure constructed by the district in | ||
the corporate limits or extraterritorial jurisdiction of the City | ||
of New Braunfels must comply with any applicable codes and | ||
ordinances of the city. | ||
(b) The district may enter into an interlocal contract with | ||
the City of New Braunfels to provide governmental services, | ||
including drainage, solid waste, or fire protection services. | ||
(c) The district may not provide solid waste collection | ||
services in the corporate limits of the City of New Braunfels unless | ||
the governing body of the city consents by resolution or ordinance. | ||
(d) The district may not provide fire protection services in | ||
the corporate limits or extraterritorial jurisdiction of the City | ||
of New Braunfels unless the governing body of the city consents by | ||
resolution or ordinance. | ||
SECTION 2. The Crystal Clear Special Utility District | ||
initially includes all the territory contained in the following | ||
area: | ||
BEING that portion of Comal, Guadalupe, and Hays Counties, | ||
Texas, which has a boundary more particularly described as follows: | ||
BEGINNING at a point in Guadalupe County where the centerline of the | ||
San Marcos River crosses the centerline of U.S. Highway 90; | ||
THENCE in a southeasterly direction, with a line being 5,000 feet | ||
east of and parallel to County Road 217 (Highsmith Road), to a point | ||
in the north right-of-way line of Interstate Highway 10; | ||
THENCE with the north right-of-way line of Interstate Highway 10, | ||
in a westerly direction, to a point at its intersection with the | ||
east boundary line of Springs Hill WSC CCN #10666; | ||
THENCE following the Springs Hill WSC CCN #10666 boundary line in a | ||
northerly, westerly, then southerly direction, until it intersects | ||
with the north right-of-way line of Interstate Highway 10; | ||
THENCE with the north right-of-way line of Interstate Highway 10, | ||
in a westerly direction, to its intersection with the east City | ||
Limit Line of Seguin, Texas; | ||
THENCE with the City Limit Line of Seguin, Texas, in a northerly, | ||
then westerly direction, to its intersection with an eastern line | ||
of the City of Seguin CCN #10698; | ||
THENCE with the City of Seguin CCN #10698 line, in a northerly | ||
direction, to a point at its intersection of the Springs Hill WSC | ||
CCN #10666 boundary; | ||
THENCE with the boundary of Springs Hill WSC CCN #10666 in a | ||
northerly direction to the City Limit Line of Seguin, Texas; | ||
THENCE with the City Limit Line of Seguin, Texas, in a northerly, | ||
then westerly direction, to its intersection with the eastern | ||
boundary of Springs Hill WSC CCN #10666; | ||
THENCE meandering with the boundary line of Springs Hill WSC CCN | ||
#10666 in a northwesterly direction to a point on the east boundary | ||
line of the 810.54 acre tract of land described in the deed to | ||
Normandy Terrace, Inc. recorded in the Guadalupe County Deed | ||
Records; | ||
THENCE with the eastern boundary of the 810.54 acre Normandy | ||
Terrace Inc. tract in a northern direction to its northeast corner; | ||
THENCE with the northern boundary of the 810.54 acre Normandy | ||
Terrace Inc. tract in a westerly direction to the centerline of | ||
Guadalupe County Road 140 (Schwarzlose Rd.); | ||
THENCE with the centerline of Guadalupe County Road 140 | ||
(Schwarzlose Rd.), in a southerly direction to its intersection | ||
with the boundary line of New Braunfels Utility CCN #10677; | ||
THENCE with the boundary line of the New Braunfels Utility CCN | ||
#10677, in a westerly, then northwesterly direction, crossing the | ||
Comal County and Guadalupe County Line to its intersection with the | ||
City Limits Line of New Braunfels, Texas; | ||
THENCE with the City Limits Line of New Braunfels, Texas, in an | ||
northeasterly, then northwesterly direction to a south corner of a | ||
75.805 acre tract of land described in a deed to State of Texas FBO | ||
Permanent School Fund recorded in Document # 200506039320, of the | ||
Comal County Deed Records; | ||
THENCE with the southeast line of the 75.805 acre State of Texas FBO | ||
Permanent School Fund tract to its east corner, said east corner | ||
being on the southwest line of the 119.882 acre tract described in a | ||
deed to Marvin Kraft, Jr., et al, recorded in Book 1015, Page 444, | ||
of the Comal County Deed Records; | ||
THENCE with the northeast line of the 75.805 acre State of Texas FBO | ||
Permanent School Fund tract and the west line of the 119.882 acre | ||
Kraft tract, to the west corner of the 119.882 acre Kraft tract; | ||
THENCE with the northern and eastern property boundaries of the | ||
119.882 acre Kraft tract to its east corner, same being the south | ||
corner of a 1,015.537 acre tract of land described in a deed to the | ||
State of Texas FBO Permanent School Fund recorded in Document | ||
#200506041691, of the Comal County Deed Records; | ||
THENCE with the southern and northeastern property boundary of the | ||
1,015.537 acre State of Texas FBO Permanent School Fund tract to a | ||
point on the east right-of-way of Interstate Highway 35 for its | ||
north corner; | ||
THENCE with the east right-of-way line of Interstate Highway 35, in | ||
a southwesterly direction, to its intersection with an eastern | ||
boundary of the City Limit Line of New Braunfels, Texas; | ||
THENCE with the City Limit Line of New Braunfels, Texas, in a | ||
northwesterly and southwesterly direction to its intersection with | ||
the northeast line of the 2.545 acre tract of land described in a | ||
deed to Hitzfelder Family Partners LTD recorded in Book 98060, Page | ||
1608, of the Comal County Deed Records; | ||
THENCE with the northeast line of the 2.545 acre Hitzfelder Family | ||
Partners LTD tract, in a northwest direction to its north corner and | ||
to an east corner of a 20.009 acre tract of land described in a deed | ||
to HPT TA Properties Trust recorded in Document #200706011233, of | ||
the Comal County Deed Records; | ||
THENCE with the northeast line of the 20.009 acre HPT TA Properties | ||
Trust tract, in a northwest direction, to its north corner and to an | ||
east corner of a 10.182 acre tract of land described in a deed to Rip | ||
Griffin Truck Service Center, Inc. recorded in Book 97060, Page | ||
27464, of the Comal County Deed Records; | ||
THENCE with the northeast line of the 10.182 acre Rip Griffin Truck | ||
Center, Inc. tract, in a northwest direction, to its north corner | ||
and to the east corner of a tract of land described in a deed to | ||
Margyline Hitzfelder recorded in Book 181, Page 617, in the Comal | ||
County Deed Records; | ||
THENCE with the northeast line of the Margyline Hitzfelder tract, | ||
in a northwest direction, to a south corner of a 17.71 acre tract of | ||
land described in a deed to Papes Family Farm LTD recorded in | ||
Document #200406007834, in the Comal County Deed Records; | ||
THENCE with a southeast line of the 17.71 acre Papes Family Farm LTD | ||
tract of land, in a northeast direction, to its east corner on the | ||
southwest line of a 44.29 acre tract of land described in a deed to | ||
Papes Family Farm, LTD., recorded in Document #200406007834, in the | ||
Comal County Deed Records; | ||
THENCE with the boundary of the 44.29 acre Papes Family Farm LTD | ||
tract in a southeast, northeast, then northwest direction, to its | ||
north corner and the west corner of a 230.695 acre tract of land | ||
described in a deed to John A., Teresa J. and Andrea J. Ladshaw | ||
recorded in Book 762, Page 008, of the Comal County Deed Records; | ||
THENCE with a north line of a 230.695 acre tract, in a northeast | ||
direction, to its north corner and a west corner of a 9.785 acre | ||
tract of land described in a deed to John A. Ladshaw recorded in | ||
Book 378, Page 799, in the Comal County Deed Records; | ||
THENCE with the boundary of the 9.785 acre John A. Ladshaw tract, in | ||
a northeast and southeast direction, to its east corner on the west | ||
right-of-way of Interstate Highway 35; | ||
THENCE with the west right-of-way line of Interstate Highway 35 in a | ||
northeasterly direction to a south corner of the 288.433 acre tract | ||
of land described in a deed to Southstar of Havenwood, LLC, recorded | ||
in Document #201206016391, of the Comal County Deed Records; | ||
THENCE with the meanders of the southern and western boundary of the | ||
288.433 acre Southstar of Havenwood, LLC, tract, in a western | ||
direction, to its east corner on the southeast right-of-way line of | ||
F.M. 1102; | ||
THENCE across F.M. 1102 and with the northwest right-of-way line of | ||
F.M. 1102 in a northeasterly direction to the south corner of Unit | ||
#1 of the Havenwood at Hunter's Crossing Subdivision recorded in | ||
Document #200606015745, of the Comal County Deed Records; | ||
THENCE with the southwestern boundary of Unit #1 of the Havenwood at | ||
Hunter's Crossing Subdivision, in a northwest direction, to the | ||
south corner of Unit #2 of the Havenwood at Hunter's Crossing | ||
Subdivision recorded as Document #200606040000, of the Comal County | ||
Deed Records; | ||
THENCE with the southwest line of Unit #2 of the Havenwood at | ||
Hunter's Crossing Subdivision to a point on the southeast | ||
right-of-way of Beaver Lane, said southeast right-of-way of Beaver | ||
lane being the south boundary of Unit #4 of the Havenwood at | ||
Hunter's Crossing Subdivision recorded as Document #200706047038, | ||
of the Comal County Deed Records; | ||
THENCE with the boundary of Unit #4 of the Havenwood at Hunter's | ||
Crossing Subdivision, in a southwest, northwest, then northeast | ||
direction, to the north corner of Unit #4 and the west corner of | ||
Unit #3 of the Havenwood at Hunter's Crossing Subdivision recorded | ||
as Document #200606046131, of the Comal County Deed Records; | ||
THENCE with the boundary of Unit #3 of the Havenwood at Hunter's | ||
Crossing Subdivision, in a northeast, southeast, then southwest | ||
direction, to the east corner of Unit #2 of the Havenwood at | ||
Hunter's Crossing Subdivision recorded as Document #200606040000, | ||
of the Comal County Deed Records; | ||
THENCE with the boundary of Unit #2 of the Havenwood at Hunter's | ||
Crossing Subdivision, in a southwest, then southeast direction, to | ||
a north corner of Unit #1 of the Havenwood at Hunter's Crossing | ||
Subdivision recorded as Document #200606015745, of the Comal County | ||
Deed Records; | ||
THENCE with the eastern boundary of Unit #1 of the Havenwood at | ||
Hunter's Crossing Subdivision, in a southeast direction, to its | ||
southeast corner on the northeast right-of-way line of F.M. 1102; | ||
THENCE with the northwest right-of-way line of F.M. 1102, in a | ||
northeasterly direction, merging into F.M. 2439; | ||
THENCE with the northwest right-of-way line of F.M. 2439 in a | ||
northeasterly direction and crossing the Comal County and Hays | ||
County Line to the east corner of a 79.748 acre tract of land | ||
described in a deed to Flying W Properties LTD recorded in Book | ||
3257, Page 704, of the Hays County Deed Records; | ||
THENCE across and perpendicular to F.M. 2439 in a southeasterly | ||
direction to the southeast right-of-way line of F.M. 2439; | ||
THENCE with the southeast right-of-way line of F.M. 2439, in a | ||
northeast direction, to a west corner of a 2.65 acre tract of land | ||
described in a deed to Frank and Jacqueline Brakley recorded in Book | ||
2835, Page 823, of Hays County Deed Records; | ||
THENCE with the southwestern boundary of the 2.65 acre Frank and | ||
Jacqueline Brakley tract, in a southeast direction, to its south | ||
corner in the northwest right-of-way line of the Union Pacific | ||
Railroad; | ||
THENCE in a southeasterly direction and crossing the Union Pacific | ||
Railroad right-of-way and a tract of land described in a deed to | ||
Flying W Properties LTD to the north corner of a 83.73 tract of land | ||
described in a deed to Fred W. Heldenfels, IV recorded in Book 1974, | ||
Page 368, of the Hays County Deed Records and also a point in the | ||
western boundary of the City Limits of San Marcos, Texas; | ||
THENCE with the western boundary of the City Limits Line of San | ||
Marcos, Texas, in a southeasterly direction to its intersection | ||
with the City of San Marcos CCN #10298; | ||
THENCE with the City of San Marcos CCN #10298 in a southeasterly | ||
direction to its intersection with the centerline of Hays County | ||
Road 265 (Francis Harris Lane); | ||
THENCE with the centerline of Hays County Road 265 in a southerly | ||
and southeasterly direction to a southwest corner of a tract of land | ||
described in a deed to Albert Dale Jonas recorded in Book 1530, Page | ||
16, of Hays County Deed Records; | ||
THENCE with the south line of the Albert Dale Jonas tract in an | ||
easterly direction to a point on the Hays County and Guadalupe | ||
County Line; | ||
THENCE along the Hays County and Guadalupe County Line in a | ||
northeasterly direction to its intersection with the southern | ||
boundary of the City of San Marcos CCN # 10298; | ||
THENCE meandering with the boundary line of City of San Marcos CCN | ||
#10298 in a northeasterly direction to its intersection with the | ||
City Limits of San Marcos, Texas, and same point being the western | ||
corner of a 100.00 Acre Tract of land conveyed to Cottonwood Creek | ||
JDR, LTD. by Warranty Deed in Volume 2008, Page 0867, of the | ||
Guadalupe County Deed Records; | ||
THENCE with the City Limits of San Marcos, Texas, and around the | ||
western, southern, and eastern perimeter of said 100.00 Acre Tract | ||
to its intersection with the City of San Marcos CCN #10295 southern | ||
boundary line same being the Hays County and Guadalupe County Line; | ||
THENCE with the southern boundary of the City of San Marcos CCN | ||
#10298 in a northeasterly direction to a point at its intersection | ||
with the City Limits Line of San Marcos, Texas; | ||
THENCE with the boundary of the City Limits Line of San Marcos, | ||
Texas, in a southeasterly, then northeasterly direction to a point | ||
at its intersection with the western boundary line of the | ||
Martindale WSC CCN # 10312; | ||
THENCE with the western boundary line of the Martindale WSC CCN | ||
#10312 in a southeasterly direction to a point, said point being the | ||
northern corner of the western boundary of the Tri-Community WSC | ||
CCN #10313 and said point being located along the San Marcos River; | ||
THENCE with the San Marcos River in a southerly direction to a point | ||
at its intersection with F.M. 1977, said point also being located | ||
along the western boundary of the Tri-Community WSC CCN #10313; | ||
THENCE with the western boundary of the Tri-Community WSC CCN | ||
#10313 in a southeasterly direction to a point, said point being the | ||
most southerly corner of CCN #10313 and being located in the San | ||
Marcos River; | ||
THENCE with the San Marcos River in a southeasterly direction to the | ||
POINT OF BEGINNING. | ||
WHICH above described territory includes that land lying and being | ||
situated in ALL OR PORTIONS of the following surveys: | ||
IN GUADALUPE COUNTY, TEXAS: John Wells Survey, Abstract No. 509; | ||
John Wells Survey, Abstract No. 435; James P. Hector Survey, | ||
Abstract No. 353; James Murphy Survey, Abstract No. 237; Robert | ||
Smith Survey, Abstract No. 286; Jose Ramon Bedford Survey, Abstract | ||
No. 5; Magarita Cherino Survey, Abstract No. 10; Antonio Maria | ||
Esnaurizar Survey, Abstract No. 20; James Hodges Survey, Abstract | ||
No. 148; Samuel Williams Survey, Abstract No.37; Edward C. Pettus | ||
Survey, Abstract No. 264; Josias Randolph Survey, Abstract No. 276; | ||
Martin Ussery Survey, Abstract No. 324; Joel W. Robinson Survey, | ||
Abstract No. 275; James M. Bell Survey, Abstract No. 75; Samuel | ||
Highsmith Survey, Abstract No. 25; Henry R. Hunt Survey, Abstract | ||
No. 150; Uzziel Wakefield Survey, Abstract No. 327; Frederick | ||
Happle Survey, Abstract No. 156; James A. Swift Survey, Abstract | ||
No. 292; John Tom Survey, Abstract No. 316; Carlos Espalier Survey, | ||
Abstract No. 129; Charles Hall Survey, Abstract No. 162; Matthew | ||
Besore Survey, Abstract No. 61; William Griffin Survey, Abstract | ||
No. 136; Andrew Neill Survey, Abstract No. 256; John Ussery Survey, | ||
Abstract No. 323; James H. Thomas Survey, Abstract No. 311; Robert | ||
Scobey Survey, Abstract No. 290; Churchill Fulchear Survey, | ||
Abstract No. 130; Young Seltoon Survey, Abstract No. 293; Loria | ||
Billings Survey, Abstract No. 55; W. Riley Wood Survey, Abstract | ||
No. 345; John McGrabb Survey, Abstract No. 242; Jacob A. Miller | ||
Survey, Abstract No. 231; William G. Hunt Survey, Abstract No. 149; | ||
J. G. King Survey, Abstract No. 208; William P. King Survey, | ||
Abstract No. 207; Robert Hall Survey, Abstract No. 158; Harriet | ||
Cottle Survey, Abstract No. 13; Geo. Blair Survey, Abstract No. 50; | ||
J. Hampton Kuykendall Survey, Abstract No. 199; Michael Miller | ||
Survey, Abstract No. 219; William H. Hunter Survey, Abstract No. | ||
152; Edwin R. Kellett Survey, Abstract No. 198; Robert M. | ||
Cartwright Survey, Abstract No. 83; James Latham Survey, Abstract | ||
No. 209; Robert Smith Survey, Abstract No. 33; John B. Cowan Survey, | ||
Abstract No. 84; J. Benton Johnson Survey, Abstract No. 191; | ||
William Burnett Survey, Abstract No. 73; Uzziel Wakefield Survey, | ||
Abstract No. 326; Michael Cody Survey, Abstract No. 99; Michael | ||
Cody Survey, Abstract No. 86; Edward Pettus Survey, Abstract No. | ||
31; William J. Ragsdale Survey, Abstract No. 268; Solomon Barnes | ||
Survey, Abstract No. 56; John Jones Survey, Abstract No. 189; | ||
Gustavus Chatwell Survey, Abstract No. 85; James W. Keller Survey, | ||
Abstract No. 201; George Allen Survey, Abstract No. 1; Charles | ||
Henderson Survey, Abstract No. 147; Christoval Rubio Survey, | ||
Abstract No. 274; Wm. Perkins Survey, Abstract No. 263; James | ||
Nashley Survey, Abstract No. 254; H. E. Jordt Survey, Abstract No. | ||
195; Wm. Perkins Survey, Abstract No. 263; James B. Cowan Survey, | ||
Abstract No. 81; John Wells Survey, Abstract No. 339; Cyrus | ||
Campbell Survey, Abstract No. 8; Andrew Mitchell Survey, Abstract | ||
No. 220; S. A. & M. G. R. R. Co. Survey, Abstract No. 308; Benjamin & | ||
Graves Fulcher Survey, Abstract No. 21; James T. Murphy Survey, | ||
Abstract No. 233; and | ||
In COMAL COUNTY, Texas: Antonio Maria Esnaurizar Survey, Abstract | ||
No. 1;Orilla Russell Survey, Abstract No. 485; Nancy Kenner Survey, | ||
Abstract No. 306; Samuel Craft Sr. Survey, Abstract No. 98; and | ||
And in HAYS COUNTY, Texas: Samuel Craft Sr. Survey, Abstract No. 89; | ||
Antonio Maria Esnaurizar Survey, Abstract No. 6; John Owens Survey, | ||
Abstract No. 356; Thomas Bell Survey, Abstract No. 47; and Charles | ||
Henderson Survey, Abstract No. 226. | ||
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) Section 7206.103, Special District Local | ||
Laws Code, as added by Section 1 of this Act, takes effect only if | ||
this Act receives a two-thirds vote of all the members elected to | ||
each house. | ||
(b) If this Act does not receive a two-thirds vote of all the | ||
members elected to each house, Subchapter C, Chapter 7206, Special | ||
District Local Laws Code, as added by Section 1 of this Act, is | ||
amended by adding Section 7206.103 to read as follows: | ||
Sec. 7206.103. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(c) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Subsection (c), | ||
Section 17, 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, 2013. |