By: Jetton (Senate Sponsor - Kolkhorst) H.B. No. 4588

(In the Senate - Received from the House May 10, 2021; May 10, 2021, read first time and referred to Committee on Local Government; May 21, 2021, reported favorably by the following vote: Yeas 7, Nays 0; May 21, 2021, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Fort Bend County Municipal Utility District No. 251; 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 7915A to read as follows:

CHAPTER 7915A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 251

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 7915A.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 Fort Bend County Municipal Utility District No. 251.

Sec. 7915A.0102. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 7915A.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. 7915A.0104. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 7915A.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. 7915A.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. 7915A.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. 7915A.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 7915A.0202, directors serve staggered four-year terms.

Sec. 7915A.0202. TEMPORARY DIRECTORS. (a) The temporary board consists of:

(1) Adam Baker;

(2) Justin Waggoner;

(3) Michael Binick;

(4) Tyler Horne; and

(5) Eric Vanderbilt.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 7915A.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 7915A.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 7915A.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. 7915A.0301. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 7915A.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. 7915A.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. 7915A.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. 7915A.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. 7915A.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 7915A.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. 7915A.0402. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 7915A.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. 7915A.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. 7915A.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. 7915A.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. 7915A.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 Fort Bend County Municipal Utility District No. 251 initially includes all the territory contained in the following area:

TRACT 1 of 2 (145.368 acres)

Being a tract containing 145.368 acres of land located in the Jane Wilkins One League Grant, Abstract No. 96, Fort Bend County, Texas. Said 145.368 acres being a call 145.368 acre tract of land, styled as Tract III, recorded in the name of the 300 Acres LLC under Fort Bend County Clerk's File (F.B.C.C.F.) No. 2017087205. Said 145.368 acres of land being more particularly described by metes and bounds as follows (Bearings are referenced to the Texas Coordinate System of 1983, South Central Zone, as derived from GPS observations):

BEGINNING at a 5/8 inch capped iron rod (stamp illegible) found at the southwest corner of said 145.368 acre tract, the northwest corner of a call 317.812 acre tract of land, styled as Tract One, recorded in the name of RES/VLS Real Estate Limited Partnership under F.B.C.C.F. No. 2018058651 and being on the east right-of-way (R.O.W.) line of Harlem Road (width varies) as recorded in F.B.C.C.F. Nos. 2011015402 and 2015075797 and Volume 63, Page 203 of the Fort Bend County Deed Records (F.B.C.D.R.), from which a 5/8 inch capped iron rod stamped "1943 4349 5829" bears South 86 degrees 49 minutes 01 seconds West, a distance of 122.03 feet;

THENCE, with said east R.O.W. line, the following eight (8) courses:

1. North 02 degrees 07 minutes 03 seconds West, a distance of 1,332.59 feet to a 5/8 inch iron rod found (disturbed) at a point of curvature to the left;

2. 100.26 feet along the arc of said curve, having a radius of 23,989.95 feet, a central angle of 00 degrees 14 minutes 22 seconds, and a chord which bears North 02 degrees 14 minutes 14 seconds West, a distance of 100.26 feet to a 5/8 inch iron rod found at a point of tangency;

3. North 02 degrees 21 minutes 25 seconds West, a distance of 229.64 feet to a point of curvature to the left from which point a 5/8 inch iron rod found bears North 09 degrees 27 minutes 04 seconds East, a distance of 0.42 feet;

4. 100.66 feet along the arc of said curve, having a radius of 10,506.91 feet, a central angle of 00 degrees 32 minutes 56 seconds, and a chord which bears North 02 degrees 37 minutes 53 seconds West, a distance of 100.65 feet to a 5/8 inch capped iron rod stamped "Landtech" found at a point of tangency;

5. North 02 degrees 54 minutes 21 seconds West, a distance of 500.14 feet to a 5/8 inch iron rod found at a point of curvature to the left;

6. 100.67 feet along the arc of said curve, having a radius of 10,758.45 feet, a central angle of 00 degrees 32 minutes 10 seconds, and a chord which bears North 03 degrees 10 minutes 26 seconds West, a distance of 100.67 feet to a 5/8 inch capped iron rod stamped "Landtech" found at a point of tangency;

7. North 03 degrees 26 minutes 31 seconds West, a distance of 577.51 feet to a 5/8 inch capped iron rod (stamp illegible) found;

8. North 07 degrees 26 minutes 39 seconds East, a distance of 74.13 feet a 5/8 inch iron rod found at the northwest corner of said 145.368 acre tract and on the south line of a call 70 foot drainage canal (Fourth Tract) recorded in the name of Fort Bend County Drainage District in Volume 331, Page 468, F.B.C.D.R.;

THENCE with the south line of said 70 foot drainage canal, the following seventeen (17) courses:

1. South 60 degrees 53 minutes 52 seconds East, a distance of 306.17 feet to a 5/8 inch iron rod found;

2. South 69 degrees 40 minutes 19 seconds East, a distance of 478.71 feet to a 5/8 inch capped iron rod stamped "Texas GLO" found;

3. South 52 degrees 56 minutes 36 seconds East, a distance of 366.41 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set;

4. South 45 degrees 25 minutes 47 seconds East, a distance of 500.58 feet to a 5/8 inch capped iron rod stamped "Texas GLO" found;

5. South 57 degrees 59 minutes 59 seconds East, a distance of 355.33 feet to a 5/8 inch capped iron rod stamped "Texas GLO" found;

6. South 63 degrees 30 minutes 30 seconds East, a distance of 557.67 feet to a 5/8 inch capped iron rod stamped "Texas GLO" found;

7. South 56 degrees 32 minutes 29 seconds East, a distance of 237.63 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set;

8. South 47 degrees 43 minutes 07 seconds East, a distance of 235.69 feet to a 5/8 inch capped iron rod stamped "Texas GLO" found;

9. South 36 degrees 54 minutes 04 seconds East, a distance of 578.06 feet to a 5/8 inch capped iron rod stamped "Texas GLO" found;

10. South 51 degrees 53 minutes 46 seconds East, a distance of 306.04 feet to a 5/8 inch capped iron rod stamped "Texas GLO" found;

11. South 79 degrees 35 minutes 06 seconds East, a distance of 224.59 feet to a 5/8 inch capped iron rod stamped "Texas GLO" found;

12. South 70 degrees 32 minutes 04 seconds East, a distance of 118.34 feet to a 5/8 inch capped iron rod stamped "Texas GLO" found;

13. South 57 degrees 43 minutes 30 seconds East, a distance of 259.63 feet to a 5/8 inch capped iron rod stamped "Texas GLO" found;

14. South 72 degrees 42 minutes 40 seconds East, a distance of 146.64 feet to a 5/8 inch capped iron rod stamped "Texas GLO" found;

15. North 86 degrees 24 minutes 38 seconds East, a distance of 227.86 feet to a 5/8 inch capped iron rod stamped "Texas GLO" found;

16. North 77 degrees 35 minutes 31 seconds East, a distance of 163.54 feet to a 5/8 inch capped iron rod stamped "Texas GLO" found;

17. North 72 degrees 52 minutes 13 seconds East, a distance of 112.09 feet to a T-post found on the west line of a call 143.287 acre tract of land, styled as Tract IV, recorded in the name of 300 Acres LLC under F.B.C.C.F. No. 2017087205;

THENCE, with said west line, South 02 degrees 59 minutes 48 seconds East, a distance of 333.45 feet to the north line of a call 107.128 acre tract of land, styled as Tract 9B, recorded in the name of RES/VLS Real Estate Limited Partnership under F.B.C.C.F. No. 9632563, from which point a 5/8 inch iron rod found (disturbed) bears North 02 degrees 59 minutes 48 seconds West, a distance of 1.86 feet;

THENCE, with said north line and the north line of aforesaid 317.812 acre tract, South 86 degrees 49 minutes 01 seconds West, a distance of 4,213.36 feet to the POINT OF BEGINNING and containing 145.368 acres of land.

TRACT 2 of 2 (89.504 net acres)

Being 143.287 acres of land in the Jane Wilkins One League Grant, Abstract No. 96, and the Jesse H. Cartwright One League Grant, Abstract No. l6, Fort Bend County, Texas. Said 143.287 acres of land being that certain call 7.39 acre (Tract Six) tract of land and that certain call 100.16 acre (Tract Seven) tract of land recorded in the name of State of Texas, for the use and benefit of the Permanent School Fund, under Fort Bend County Clerk's File (F.B.C.C.F.) No. 2004060103 and amended under 2004075320, and that certain call 35.72 acre (Part 2) tract of land recorded in the name of State of Texas, for the use and benefit of the Permanent School Fund, under F.B.C.C.F. No. 2004060102 and amended under 2008106694. Said 143.287 acres also being a portion of that certain tract of land described as 957 acres in a deed dated February 19, 1908 from Mollie C. Riddick to the Board of Penitentiary Commissioners of the State of Texas as recorded in Volume 43, Page 209 of the Fort Bend County Deed Records (F.B.C.D.R.); said 143.287 acres of land being more particularly described by metes and bounds as follows (Bearings are referenced to the Texas Coordinate System of 1983, South Central Zone, as derived from GPS observations):

BEGINNING at a 5/8 inch capped iron rod found in the Southwesterly line of a call 97.179 acre (Parcel 9) tract of land for controlled access highway facility (State Highway No. 99; locally known as Grand Parkway) recorded in the name of Texas Transportation Commission under F.B.C.C.F. No. 9203043, for the Northwest corner and call Point of Beginning of said 35.72 acres;

THENCE, with said Southwesterly line and the Northeasterly line of said 35.72 acres and said 100.l6 acres, the following three (3) courses:

1. South 23 degrees 18 minutes 03 seconds East (call South 20 degrees 38 minutes 03 seconds East), at 864.59 feet (call 864.65 feet) pass a 5/8 inch capped iron rod set for the Northeast corner of said 35.72 acres and the Northwest corner of said 100.16 acres, and continuing for a total distance of 3,526.8l feet to a TXDOT disc found for the beginning of a tangent curve to the left;

2. 1,941.45 feet (call l ,941.59 feet), along the arc of said curve to the left, having a radius of 5,879.58 feet, a central angle of 18 degrees 55 minutes 09 seconds (call 18 degrees 55 minutes 14 seconds), and a chord which bears South 32 degrees 45 minutes 37 seconds East (call South 30 degrees 05 minutes 42 seconds East), a distance of l,932.64 feet (call 1,932.80 feet) to a concrete monument found for tangency;

3. South 42 degrees 13 minutes 12 seconds East (call South 39 degrees 32 minutes 48 seconds East), a distance of 771.91 feet (call 771.54 feet) to the North line of a call 52.12 acre tract (Fifth Tract) recorded in the name of Sandra Ann Smith Austin in Volume 663, Page 770 F.B.C.D.R., for the Southeast corner of said 100.16 acres, from which point a found 5/8 inch iron rod bears South 86 degrees 49 minutes 34 seconds West, a distance of 0.42 feet;

THENCE, with said North line and the South line of said 100.16 acres, South 86 degrees 49 minutes 34 seconds West, a distance of 86l.83 feet (call 861.54 feet) to the Northwest corner of said 52.12 acres, same being the Northeast corner of a call 107.128 acre tract (Tract 9B) recorded in the name of RES/VLS Real Estate Limited Partnership under F.B.C.C.F. No. 9632563, from which point a found 5/8 inch iron rod bears North 02 degrees 39 minutes 48 seconds West, a distance of 0.38 feet;

THENCE, with the North line of said 107.128 acres and the South line of said 100.16 acres, said 7.39 acres, and said 35.72 acres, South 86 degrees 49 minutes 01 seconds West, at l ,509.50 feet pass the Southwest corner of the aforementioned 7.39 acres and the Southeast corner of the aforementioned 35.72 acres, from which point a found 5/8 inch iron rod bears North 02 degrees 59 minutes 48 seconds West, a distance of 1.68 feet and continuing for a total distance of 1,809.52 feet to the Southwest corner of said 35.72 acres and the Southeast corner of a call 154.59 acre tract recorded in the name of State of Texas, for the use and benefit of the Permanent School Fund under F.B.C.C.F. No. 2004060103 and amended under F.B.C.C.F. No. 2004075320, from which point a found 5/8 inch iron rod bears North 02 degrees 59 minutes 48 seconds West, a distance of 1.86 feet;

THENCE, with the West line of said 35.72 acres, North 02 degrees 59 minutes 48 seconds West, at 333.45 feet pass the Northeast corner of said 154.59 acres and continuing for a total distance of 5,591.90 feet (call 5,591.99 feet) to the POINT OF BEGINNING and containing 143.287 acres of land.

SAVE AND EXCEPT the following two tracts:

Tract A: Being a tract containing 9.477 acres of land located in the Jane Wilkins One League Grant, Abstract No. 96, in Fort Bend County, Texas. Said 9.477 acres being a portion of a call 143.287 acre tract of land, styled Tract IV, recorded in the name of 300 Acres LLC in Fort Bend County Clerk's File (F.B.C.C.F.) No. 2017087205. Said 9.447 acres of land being more particularly described by metes and bounds as follows (Bearings are referenced to the Texas Coordinate System of 1983, South Central Zone, as derived from GPS observations):

BEGINNING at a 5/8 inch iron rod found at the most northerly corner of said 143.287 acre tract and being on the westerly Right-of-Way (R.O.W.) line of Grand Parkway (S.H. 99), a controlled access highway facility (width varies) and a call 97.179 acre tract of land, styled Parcel 9, recorded in the name of Texas Transportation Commission under F.B.C.C.F. No. 9203043, from which a 5/8 inch capped iron rod stamped "Texas GLO" found at the southeast corner of a call 168.253 acre tract of land, styled Tract 1, recorded in the name of Grand Parkway 1358 LP under F.B.C.C.F. No. 2014037769 bears North 23 degrees 18 minutes 03 seconds West, a distance of 5,435.63 feet;

THENCE, with said westerly R.O.W. line and west line of said 97.179 acre tract, South 23 degrees 18 minutes 03 seconds East, at a distance of 864.57 feet pass a 5/8 inch iron rod found, and continuing for a total distance of 1,815.94 feet to the northwest intersection of said Grand Parkway and Owens Road (100- foot width) as described in F.B.C.C.F. No. 2016063197;

THENCE, with the north R.O.W. line of said Owens Road, North 61 degrees 03 minutes 29 seconds West, at a distance of 0.55 feet pass a 5/8 inch capped iron rod stamped "Town & Country" found and continuing for a total distance of 742.55 feet to a 5/8 inch capped iron rod stamped "Town & Country" found on the west line of said 143.287 acre tract;

THENCE, with said west line, North 02 degrees 59 minutes 48 seconds West, a distance of 1,310.29 feet to the POINT OF BEGINNING and containing 9.477 acres of land.

Tract B: Being a tract containing 44.306 acres of land located in the Jane Wilkins One League Grant, Abstract No. 96, in Fort Bend County, Texas. Said 44.306 acres being a portion of a call 143.287 acre tract of land, styled Tract IV, recorded in the name of 300 Acres LLC in Fort Bend County Clerk's File (F.B.C.C.F.) No. 2017087205. Said 44.306 acres of land being more particularly described by metes and bounds as follows (Bearings are referenced to the Texas Coordinate System of 1983, South Central Zone, as derived from GPS observations):

BEGINNING at a 5/8 inch iron rod found at the intersection of the west line of said 143.287 acre tract and the south Right-of-Way (R.O.W.) line of Owens Road (100-foot width) as described in F.B.C.C.F. No. 2016063197 from which a 5/8 inch iron rod found at the most northerly corner of said 143.287 acre tract and being on the westerly Right-of-Way (R.O.W.) line of Grand Parkway (S.H. 99), a controlled access highway facility (width varies) and a call 97.179 acre tract of land, styled Parcel 9, recorded in the name of Texas Transportation Commission under F.B.C.C.F. No. 9203043 bears North 02 degrees 59 minutes 48 seconds West, a distance of 1,428.13 feet;

THENCE, with said south R.O.W. line, South 61 degrees 03 minutes 29 seconds East, at a distance of 808.78 feet pass a 5/8 inch capped iron rod stamped "Town & Country" found and continuing for a distance of 809.33 feet to the southwest intersection of said Owens Road and said Grand Parkway;

THENCE, with the westerly R.O.W. line of said Grand Parkway and west line of said 97.179 acre tract, the following two (2) courses:

1.) South 23 degrees 18 minutes 03 seconds East, a distance of 1,547.55 feet to a Texas Department of Transportation (TXDOT) disc found at a point of curvature to the left;

2.) 332.80 feet along the arc of said curve, having a radius of 5,879.58 feet, a central angle of 03 degrees 14 minutes 35 seconds, and a chord which bears South 24 degrees 55 minutes 20 seconds East, a distance of 332.75 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set;

THENCE, through and across said 143.287 acre tract, South 87 degrees 00 minutes 12 seconds West, a distance of 1,348.06 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set on the west line of said 143.287 acre tract and at the southwest corner of the herein described tract from which a T-post found on said west line and at the northeast corner of a call 145.368 acre tract of land, styled Tract III, recorded in the name of 300 Acres LLC in F.B.C.C.F. 2017087205 bears South 02 degrees 59 minutes 48 seconds East, a distance of 1,642.09 feet;

THENCE, with said west line, North 02 degrees 59 minutes 48 seconds West, at a distance of 2,188.22 feet to the POINT OF BEGINNING and containing 44.306 acres of land.

The total acreage of Tract 2 being 143.287 acres, save and except 9.477 acres and 44.305 acres, for a total of 89.504 acres.

The total acreage of the district being 234.872 acres, consisting of 145.368 in Tract 1 and 89.504 acres in Tract 2.

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 7915A, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7915A.0306 to read as follows:

Sec. 7915A.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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