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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Brazoria County Municipal Utility |
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District No. 80; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8152 to read as follows: |
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CHAPTER 8152. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 80 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8152.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Brazoria County Municipal |
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Utility District No. 80. |
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Sec. 8152.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8152.0103. CONFIRMATION AND DIRECTOR ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8152.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8152.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8152.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8152.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8152.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8152.0202, directors |
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serve staggered four-year terms. |
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Sec. 8152.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Jason Keith; |
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(2) Michelle Cantone; |
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(3) Karin Eveslage; |
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(4) Naomi Eynon; and |
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(5) Peggy Bredehoft. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8152.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8152.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8152.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8152.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8152.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8152.0303. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8152.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8152.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8152.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8152.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8152.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8152.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8152.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8152.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8152.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8152.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Brazoria County Municipal Utility District |
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No. 80 initially includes all the territory contained in the |
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following area: |
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TRACT 1 |
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Being 28.703 acres of land out of the Charles Hays Survey, |
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Section No. 8, Abstract No. 534, Brazoria County, Texas, being |
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29.749 acres, less, save, and except 1.046 acres, as described |
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below: |
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Being 29.749 acres of land, BEGINNING at a 3/4 inch diameter |
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iron pipe found for the southeast corner of a called 2.7475 Acre |
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tract (Brazoria County Clerk File No. 98-035620), with said corner |
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being in the westerly right-of-way line of State Highway No. 288 |
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(width varies); |
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THENCE South 9 degrees 41 minutes 26 seconds East, a distance |
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of 884.06 feet to a point for corner; |
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THENCE South 86 degrees 6 minutes 0 seconds West, a distance |
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of 1218.88 feet to a point for corner; |
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THENCE North 4 degrees 59 minutes 49 seconds West, a distance |
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of 1241.56 feet to a point for corner; |
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THENCE North 86 degrees 25 minutes 46 seconds East, a |
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distance of 714.33 feet to a point for corner; |
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THENCE South 3 degrees 42 minutes 42 seconds East, a distance |
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of 357.17 feet to a point for corner; |
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THENCE North 86 degrees 10 minutes 0 seconds East, a distance |
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of 440.31 feet to the POINT OF BEGINNING and containing 29.749 acres |
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of land, more or less. |
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LESS, SAVE, AND EXCEPT 1.046 acres of land, as described |
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below: |
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COMMENCING at the 3/4 inch diameter iron rod found for the |
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northwest corner of said 29.749 acre tract in the southerly |
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right-of-way of State Farm to Market Highway No. 1462 (FM 1462); |
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Thence South 4 Degrees 28 Minutes 30 Seconds East , a distance of |
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419.00 feet along the westerly line of said 29.749 acre tract to a |
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one inch outside diameter iron pipe found for reference; Thence |
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North 85 degrees 31 Minutes 30 Seconds East a distance of 40.29 feet |
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to a 3/8 inch iron rod found for the northwest corner and POINT OF |
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BEGINNING for this 1.046 acre tract: |
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THENCE South 64 degrees 29 minutes 18 seconds East, a |
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distance of 130.00, to a point for corner; |
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THENCE North 85 degrees 30 minutes 42 seconds East, a |
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distance of 147.22, to a point for corner; |
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THENCE South 4 degrees 29 minutes 18 seconds East, a distance |
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of 105.00, to a point for corner; |
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THENCE South 85 degrees 30 minutes 42 seconds West, a |
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distance of 34.64, to a point for corner; |
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THENCE South 55 degrees 30 minutes 42 seconds West, a |
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distance of 260.00 feet, to a point for corner; |
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THENCE North 4 degrees 29 minutes 18 seconds West, a distance |
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of 300.00 feet to the POINT OF BEGINNING or herein described 1.046 |
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acre tract, which is save and excepted from the overall |
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description, leaving 28.703 net acres of land. |
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TRACT 2 |
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Being 74.337 acres of land in the H.T. & B. Railroad Company |
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Survey, Section No. 9, Abstract No. 238 and the Charles M. Hayes |
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Survey (H.T.&B. Railroad Company Survey, Section No. 8), Abstract |
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No. 534, Brazoria County, Texas, as described below: |
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BEGINNING at a concrete monument found in the westerly |
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right-of-way line of State Highway No. 288 (SH288) (width varies) |
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and being the northeast corner of a called 74.33 acre tract (Tract |
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I, Brazoria County Clerk File No. 03-064681); |
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THENCE southeasterly, along the westerly right-of-way of |
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SH288, South 5 degrees 49 minutes 2 seconds East, a distance of |
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1947.71 feet to a concrete monument found for corner; |
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THENCE southeasterly along the westerly right-of-way of |
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SH288 and a curve to the right, having a radius of 11249.16, a delta |
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angle of 2 degrees 17 minutes 57 seconds, and whose long chord bears |
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South 4 degrees 40 minutes 4 seconds East, a distance of 451.38 feet |
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to a point for corner; |
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THENCE southeasterly, along the westerly right-of-way of |
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SH288, South 3 degrees 31 minutes 5 seconds East, a distance of |
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190.13 feet, to a point for the southeast corner of said 74.337 acre |
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tract; |
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THENCE South 87 degrees 24 minutes 20 seconds West, a |
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distance of 1318.57 feet, to a point for the southwest corner of |
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said 74.337 acre tract; |
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THENCE North 2 degrees 28 minutes 16 seconds West, a distance |
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of 1673.38 feet, to a point for corner; |
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THENCE North 5 degrees 29 minutes 27 seconds West, a distance |
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of 263.30 feet, to a point for corner; |
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THENCE North 0 degrees 46 minutes 11 seconds East, a distance |
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of 550.12 feet, to a point for corner; |
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THENCE North 33 degrees 26 minutes 58 seconds East, a |
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distance of 99.38 feet, to a point for corner; |
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THENCE North 86 degrees 22 minutes 28 seconds East, a |
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distance of 1108.80 feet, to the POINT OF BEGINNING and containing |
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74.337 acres of land, more or less. |
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TRACT 3 |
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Being 60.32 acres of land out of Lots 6 and 7 of the Bogart and |
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Taylor subdivision of the west 1/2 of the W.D.C. Hall League, |
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Abstract 69 according to the plat recorded in Volume 1, Page 64 of |
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the Map Records of Brazoria County (B.C.M.R.), Texas, and being |
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more particularly described by metes and bounds as follows: |
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BEGINNING at a found 1/2" iron rod with a cap in the northeast |
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corner of Lot 7, said point being in the south lines of that called |
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74.33 acre tract described by deed recorded in BCCF No. 03-064681 |
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(therein called "Tract 1") out of the CM Hays Survey, Section 8, |
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A-534, with said point also being the northeast corner of this tract |
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on the west right-of-way line of State Highway 288 and the point of |
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beginning; |
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THENCE, S 03°00'50'' E, along the west right-of-way line of |
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State Highway 288, a distance of 2,622.00 feet to a set 1/2" iron |
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rod with cap for the southeast corner of this tract on the north |
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right-of-way line of Adams Road / County Road 841, a public road, |
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presently unopened; |
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THENCE S 86°57'02'' W, along the north right-of-way line of |
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Adams Road, a distance of 1,000.00 feet for the southwest corner of |
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this tract, said point also being located in the south lines of Lot |
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6; |
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THENCE N 03°00'50'' W, a distance of 2,633.04 feet for the |
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northwest corner of this tract, said point being in the said south |
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lines of the 74.33 acre tract; |
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THENCE N 87°35'00'' E, along the north line of Lots 6 and 7, |
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same being the said south lines of 74.33 acre tract, a distance of |
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1,000.05 feet to the point of beginning and containing 60.32 acres |
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of land, more or less, and being a part of the same property |
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described in the deed "Tract B" as described in the Clerk's File |
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No. 2008-037928 of Brazoria County, Texas, to which deed and the |
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record thereof reference is here made for all appropriate purposes. |
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TRACT 4 |
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Being 61.01 acres of land out of Lots 8 and 9 of the Bogart and |
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Taylor subdivision of the west 1/2 of the W.D.C. Hall League, |
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Abstract 69 according to the plat recorded in Volume 1, Page 64 of |
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the Map Records of Brazoria County, Texas (B.C.M.R), and being more |
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particularly described by metes and bounds as follows: |
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BEGINNING at a set 1/2" iron rod with a cap in the northeast |
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corner of Lot 8, set on the south right-of way line of Adams Road / |
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County Road 841, a public road, presently unopened, for the |
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northeast corner of this tract on the west right-of-way line of |
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State Highway 288 and the point of beginning; |
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THENCE, S 03°00'50'' E, along the west right-of-way line of |
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State Highway 288, a distance of 2,657.53 feet to the southeast |
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corner of this tract, said point lying in the centerline of Ditch |
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316-00-00 as recorded in Iowa Colony Drainage District No. 5; |
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THENCE S 86°57'14'' W, along said Ditch 316-00-00, same being |
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the south lines of Lots 8 and 9, a distance of 1,000.00 feet for the |
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southwest corner of this tract; |
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THENCE N 03°00'50'' W, a distance of 2,657.47 feet for the |
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northwest corner of this tract, said point being in the aforesaid |
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south line of the public road; |
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THENCE N 86°57'02'' E, along the north line of Lots 8 and 9, |
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same being the said south line of the public road, a distance of |
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1,000.00 feet to the point of beginning and containing 61.01 acres |
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of land, more or less, and being a part of the same property |
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described in the deed "Tract B" as described in the Clerk's File |
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No. 2008-037928 of Brazoria County, Texas, to which deed and the |
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record thereof reference is here made for all appropriate purposes. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
|
|
8152, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 8152.0306 to read as follows: |
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Sec. 8152.0306. NO EMINENT DOMAIN POWER. The district may |
|
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not exercise the power of eminent domain. |
|
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(b) This section is not intended to be an expression of a |
|
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legislative interpretation of the requirements of Section 17(c), |
|
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Article I, Texas Constitution. |
|
|
SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
|
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Act does not receive the vote necessary for immediate effect, this |
|
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Act takes effect September 1, 2021. |