Bill Text: TX SB2250 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the creation of the East Collin 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 1-0)
Status: (Introduced - Dead) 2021-05-21 - Recommendations filed with the Senate [SB2250 Detail]
Download: Texas-2021-SB2250-Comm_Sub.html
By: Springer | S.B. No. 2250 | |
(In the Senate - Filed May 5, 2021; May 6, 2021, read first | ||
time and referred to Committee on Local Government; May 19, 2021, | ||
reported adversely, with favorable Committee Substitute by the | ||
following vote: Yeas 9, Nays 0; May 19, 2021, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 2250 | By: Springer |
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relating to the creation of the East Collin 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 7938A to read as follows: | ||
CHAPTER 7938A. EAST COLLIN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7938A.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 East Collin County Municipal | ||
Utility District No. 1. | ||
Sec. 7938A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7938A.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. 7938A.0104. CONDITIONS PRECEDENT TO CONFIRMATION | ||
ELECTION. (a) The temporary directors may not hold an election | ||
under Section 7938A.0103 until: | ||
(1) 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; and | ||
(2) the district has entered into a contract with a | ||
municipality, Collin County, or another entity: | ||
(A) for adequate supplemental police, fire, | ||
emergency, and animal control services for the district; and | ||
(B) that is approved by the Commissioners Court | ||
of Collin County under Subsection (c). | ||
(b) A contract under Subsection (a) may include a provision | ||
that the contract takes effect only on the approval of the | ||
Commissioners Court of Collin County and the voters in the district | ||
voting in an election held for that purpose. | ||
(c) The Commissioners Court of Collin County shall review a | ||
contract under Subsection (a) and evaluate the supplemental police, | ||
fire, emergency, and animal control services provided in the | ||
contract. If the commissioners court determines that the contract | ||
provides adequate services, the commissioners court shall adopt a | ||
resolution stating that the contract has met the requirements of | ||
Subsection (a). | ||
Sec. 7938A.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. 7938A.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. 7938A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 7938A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7938A.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 7938A.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 7938A.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 7938A.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. 7938A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7938A.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. 7938A.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. 7938A.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. | ||
(d) The district shall maintain all roads that the district | ||
constructs except for roads constructed by the district that | ||
another governmental entity agrees to maintain. | ||
Sec. 7938A.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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7938A.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 | ||
7938A.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. 7938A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7938A.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. 7938A.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. 7938A.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. 7938A.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. 7938A.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 East Collin County Municipal Utility | ||
District No. 1 initially includes all the territory contained in | ||
the following area: | ||
TRACT 1 PROPERTY DESCRIPTION: | ||
BEING 183.834 acres of land situated in the H. Walters | ||
Survey, Abstract No. 958, Collin County, Texas and being all of a | ||
183.753 acre tract of land described in a Deed of Trust executed by | ||
Carl Raymond Montgomery and wife, Rheda Beth Montgomery to Paul | ||
Bennett or James Blakey, trustees, recorded in Volume 2292, Page | ||
279 of the Deed Records of Collin County, Texas (DRCCT) and this | ||
tract being more particularly described as follows: | ||
BEGINNING at a point for corner in a Bois D'Arc tree in the | ||
south line of a 73.279 acre tract described in a Deed to Marilyn | ||
Rice, recorded in Volume 1732, Page 369 (DRCCT), at the northwest | ||
corner of said 183.753 acre tract common to the northeast corner of | ||
a 43.635 acre tract of land described in a Deed to Raymon Webb | ||
Montgomery and Christa Carol Montgomery, recorded as Instrument | ||
No. 20131125001578440 (DRCCT), from which a steel fence post found | ||
for reference bears South 02°54'15" East a distance of 3.23 feet; | ||
THENCE South 89°54'18" East, along the north line of said | ||
183.753 acre tract common to the south line of said 73.279 acre | ||
tract, a distance of 372.95 feet, to a 5/8" iron rod with a yellow | ||
cap, stamped "RPLS 3963", set at an angle point thereof; | ||
THENCE South 89°57'56" East, along the north line of said | ||
183.753 acre tract common to the south lines of said 73.279 acre | ||
tract and the south line of a 33.279 acre tract of land described in | ||
a Deed to Amy Warren, recorded as Instrument No. 20080812000981780 | ||
(DRCCT), a distance of 1003.73 feet, to a 5/8" iron rod found for | ||
corner near the center of a creek at an exterior ell corner of said | ||
183.753 acre tract common to an interior ell corner of said 33.279 | ||
acre tract; | ||
THENCE Southeasterly, along the common lines of said 183.753 | ||
acre tract and 33.279 acre tract, the following courses: | ||
South 00°09'50" West, a distance of 65.91 feet, to a 5/8" iron | ||
rod found for corner; | ||
South 75°09'08" East, a distance of 718.73 feet, to a point | ||
for corner in a west line of a 36.1891 acre tract described in a Deed | ||
to Gene Doc Sohn and Sun Young Choi, husband and wife, and | ||
Kyoungjoon Cho and Eun Young Choi, husband and wife, recorded as | ||
Instrument No. 20141113001243240 (DRCCT) at the northeast corner | ||
of said 183.753 acre tract common to a south corner of said 33.279 | ||
acre tract, from which a 60D Nail, set for reference bears South | ||
13°38'28" East a distance of 26.03 feet; | ||
THENCE along the common lines of said 183.753 acre tract and | ||
said 36.1891 acre tract, the following courses: | ||
South 00°53'07" West, a distance of 32.60 feet, to a 5/8" iron | ||
rod found for corner; | ||
South 82°38'52" West, a distance of 22.40 feet, to a 5/8" iron | ||
rod found for corner; | ||
THENCE South 00°12'03" West, along an east line of said | ||
183.753 acre tract common to the west lines of said 36.1891 acre | ||
tract, a 50.001 acre tract described in a Deed to David Reeder and | ||
wife, Becky Reeder, recorded as Instrument No. 92-0071701 (DRCCT), | ||
and Spencers Estates Addition, an Addition to Collin County, | ||
Texas, recorded in Cabinet H, Slide 622 of the Plat Records of | ||
Collin County, Texas (PRCCT), respectively, a distance of 3528.84 | ||
feet, to a 1/2" iron rod found for corner in the north right-of-way | ||
line of FM 1778 (a 90' a right-of-way) at the southeast corner of | ||
said 183.753 acre tract common to the southwest corner of last | ||
mentioned Addition; | ||
THENCE South 86°40'47" West, along a south line of said | ||
183.753 acre tract common to the north right-of-way line of said FM | ||
1778, a distance of distance of 430.99 feet, to a 5/8" iron rod with | ||
a yellow cap, stamped "RPLS 3963", set for corner at an exterior ell | ||
corner of said 183.753 acre tract common to the southeast corner of | ||
a 2.00 acre tract described in a Deed to Raymon W. Montgomery, | ||
recorded in Volume 2990, Page 495 (DRCCT); | ||
THENCE along common lines of said 183.753 acre tract and said | ||
2.00 acre tract, the following courses: | ||
North 00°42'56" West, a distance of 540.84 feet, to a 5/8" | ||
iron rod found for corner; | ||
South 85°10'46" West, a distance of 161.95 feet, to a 1/2" | ||
iron rod found for corner; | ||
South 00°43'58" East, a distance of 540.10 feet, to a 5/8" | ||
iron rod with a yellow cap, stamped "RPLS 3963", set for corner in | ||
the north right-of-way line of said FM 1778 at an exterior ell | ||
corner of said 183.753 acre tract common to the southwest corner of | ||
said 2.00 acre tract; | ||
THENCE along the common lines of said 183.753 acre tract and | ||
the right-of-way lines of said FM 1778, the following courses: | ||
South 85°09'47" West, a distance of 358.92 feet, to a 5/8" | ||
iron rod found for corner at the beginning of a tangent curve to the | ||
right, having a radius of 2820.26 feet, and a chord which bears | ||
South 87°45'47" West a distance of 255.85 feet; | ||
Southwesterly, along said curve to the right, having a | ||
central angle of 05°11'58", an arc distance of 255.94 feet, to a 5/8" | ||
iron rod with yellow cap, stamped "RPLS 3963", set for corner; | ||
North 89°38'11" West, a distance of 76.11 feet, to a 5/8" iron | ||
rod found for corner at the southeast corner of a tract of land | ||
described in a Deed to First Baptist Church of Copeville, recorded | ||
in Volume 900, Page 353 (DRCCT); | ||
THENCE along the common lines of said 183.753 acre tract and | ||
said First Baptist Church of Copeville tract, the following | ||
courses: | ||
North 02°55'02" East, a distance of 307.96 feet, to a 5/8" | ||
iron rod with a yellow plastic cap, stamped "RPLS 3963", set for | ||
corner; | ||
North 89°45'11" West, a distance of 517.40 feet, to a wooden | ||
fence post found for corner at the most eastern southeast corner of | ||
said 43.635 acre tract common to the northwest corner of said First | ||
Baptist Church of Copeville tract; | ||
THENCE along the common lines of said 183.753 acre tract and | ||
said 43.635 acre tract, the following courses; | ||
North 63°55'42" West, a distance of 546.96 feet, to a 5/8" | ||
iron rod found for corner; | ||
North 19°42'16" West, a distance of 246.95 feet, to a point | ||
for corner from which an iron axle found for reference bears North | ||
47°16'17" West, a distance of 4.36 feet; | ||
North 88°17'53" East, a distance of 21.83 feet, to a 3/4" iron | ||
pipe found for corner; | ||
North 05°29'46" East, a distance of 3124.24 feet, to THE POINT | ||
OF BEGINNING and containing 8,007,806 square feet, or 183.834 acres | ||
of land. | ||
TRACT 2 PROPERTY DESCRIPTION: | ||
BEING 43.704 acres of land situated in the H. Walters Survey, | ||
Abstract No. 958, Collin County, Texas and being all of a 43.635 | ||
acre tract of land described in a Deed to Raymon Webb Montgomery and | ||
Christa Carol Montgomery, recorded as Instrument | ||
No. 20131125001578440 of the Deed Records of Collin County, Texas | ||
(DRCCT) and this tract being more particularly described as | ||
follows: | ||
BEGINNING at a 3/8" iron rod found in the east right-of-way | ||
line of Burlington Northern & SF Rail Road at the northwest corner | ||
of said 43.635 acre tract common to the southwest corner of a 73.279 | ||
acre tract of land described in a Deed to Marilyn Rice, recorded in | ||
Volume 1732, Page 369,(DRCCT); | ||
THENCE South 89°23'59" East, along the north line of said | ||
43.635 acre tract common to the south line of said 73.279 acre | ||
tract, a distance of 557.73 feet, to a point for corner in a Bois | ||
D'Arc tree at the northeast corner of said 43.635 acre tract common | ||
to the northwest corner of a 183.753 acre tract of land described in | ||
a Deed of Trust executed by Carl Raymond Montgomery and wife, Rheda | ||
Beth Montgomery to Paul Bennett or James Blakey, trustees, recorded | ||
in Volume 2292, Page 279 (DRCCT), from which a steel fence post | ||
found for reference bears South 02°54'15" East a distance of 3.23 | ||
feet; | ||
THENCE along the common lines of said 43.635 acre tract and | ||
said 183.753 acre tract, the following courses: | ||
South 05°29'46" West, a distance of 3124.24 feet, to a 3/4" | ||
iron pipe found for corner; | ||
South 88°17'53" West, a distance of 21.83 feet, to a point for | ||
corner from which an iron axle found for reference bears North | ||
47°16'17" West a distance of 4.36 feet; | ||
South 19°42'16" East, a distance of 246.95 feet, to a 5/8" | ||
iron rod found for corner; | ||
South 63°55'42" East, a distance of 546.96 feet, to a wooden | ||
fence post found for corner at the most eastern southeast corner of | ||
said 43.635 acre tract common to the northwest corner of a tract of | ||
land described in a Deed to First Baptist Church of Copeville, | ||
recorded in Volume 900, Page 353 (DRCCT); | ||
THENCE South 02°37'47" West, along a southeast line of said | ||
43.635 acre tract common to the west line of said First Baptist | ||
Church of Copeville tract, a distance of 321.86 feet, to a point for | ||
corner near the base of a wood highway marker in the north | ||
right-of-way line of FM 1778 (a 60' right-of-way at this point going | ||
west), at the most southern southeast corner of said 43.635 acre | ||
tract; | ||
THENCE North 89°38'13" West, along a south line of said 43.635 | ||
acre tract common to the north right-of-way line of said FM 1778, a | ||
distance of 282.00 feet, to a point for corner at a south corner of | ||
said 43.635 acre tract common to the southeast corner of a 8.22 acre | ||
tract of land described in a Deed to Susan Annie Potter and Jon | ||
Trace Hailey, recorded as Instrument No. 20101102001194000 | ||
(DRCCT), from which a 1/2" iron rod found for reference bears North | ||
20°20'21" West a distance of 1.42 feet; | ||
THENCE North 20°20'21" West, along a southwest line of said | ||
43.635 acre tract common to the northeast line of said 8.22 acre | ||
tract, a distance of 860.95 feet, to a wood fence post found at a | ||
common corner thereof; | ||
THENCE South 89°34'33" West, along a south line of said 43.635 | ||
acre tract common to the north line of said 8.22 acre tract, a | ||
distance of 617.61 feet, to a 5/8" iron rod found for corner at a | ||
common west corner thereof and being in the east right-of-way line | ||
of said Burlington Northern & SF Rail Road, said point being in a | ||
curve to the left, having a radius of 1960.08 feet and a chord which | ||
bears North 15°08'31" East a distance of 671.75 feet; | ||
THENCE Northeasterly, along the west lines of said 43.635 | ||
acre tract common to the east right-of-way lines of said Burlington | ||
Northern & SF Rail Road, the following courses: | ||
Northeasterly with said curve to the left, having a central | ||
angle of 19°44'01", an arc distance of 675.09 feet, to the point of | ||
tangent; | ||
North 05°16'30" East, a distance of 2468.30 feet, to THE POINT | ||
OF BEGINNING and containing 1,903,758 square feet, or 43.704 acres | ||
of land. | ||
TRACT 3 PROPERTY DESCRIPTION: | ||
BEING 2.002 acres of land situated in the H. Walters Survey, | ||
Abstract No. 958, Collin County, Texas and being all of a 2.00 acre | ||
tract of land described in a Deed to Raymon W. Montgomery, recorded | ||
in Volume 2990, Page 495 of the Deed Records of Collin County, Texas | ||
(DRCCT) and this tract being more particularly described as | ||
follows: | ||
BEGINNING at a 5/8" iron rod with a yellow cap, stamped "RPLS | ||
3963", set for corner in the north right-of-way line of FM 1778 (a | ||
90' right-of-way) at the southeast corner of said 2.00 acre tract | ||
common to an exterior ell corner of a 183.753 acre tract of land | ||
described in a Deed of Trust executed by Carl Raymond Montgomery and | ||
wife, Rheda Beth Montgomery to Paul Bennett or James Blakey, | ||
trustees, recorded in Volume 2292, Page 279 (DRCCT); | ||
THENCE Southwesterly along the south lines of said 2.00 acre | ||
tract common to the north right-of-way lines of said FM 1778, the | ||
following courses: | ||
South 86°40'47" West, a distance of 29.08 feet, to a 5/8" iron | ||
rod with a yellow cap, stamped "RPLS 3963", set for corner; | ||
South 85°09'47" West, a distance of 132.67 feet, to a 5/8" | ||
iron rod with a yellow cap, stamped "RPLS 3963", set for corner at | ||
the southwest corner of said 2.00 acre tract common to an exterior | ||
ell corner of said 183.753 acre tract; | ||
THENCE along the common lines of said 2.00 acre and 183.753 | ||
acre tracts, the following courses: | ||
North 00°43'58" West, a distance of 540.10 feet, to a 1/2" | ||
iron rod found for corner; | ||
North 85°10'46" East, a distance of 161.95 feet, to a 5/8" | ||
iron rod found for corner; | ||
South 00°42'56" East, a distance of 540.84 feet, to THE POINT | ||
OF BEGINNING and containing 87,213 square feet, or 2.002 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 | ||
7938A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7938A.0306 to read as | ||
follows: | ||
Sec. 7938A.0306. 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. | ||
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