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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 Montgomery County Municipal Utility |
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District No. 235; 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 8016 to read as follows: |
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CHAPTER 8016. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 235 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8016.0101. 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 Montgomery County Municipal |
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Utility District No. 235. |
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Sec. 8016.0102. 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. 8016.0103. CONFIRMATION AND DIRECTORS' 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. 8016.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8016.0103 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. 8016.0105. 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. 8016.0106. 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. 8016.0201. 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 8016.0202, directors |
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serve staggered four-year terms. |
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Sec. 8016.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Natalie Simmons; |
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(2) Page Barnes; |
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(3) Sally Miller; |
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(4) Kenneth Sessum Sr.; and |
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(5) David Thomas. |
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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 8016.0103; 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 8016.0103 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 8016.0103; 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. 8016.0301. 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. 8016.0302. 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. 8016.0303. 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. 8016.0304. 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. 8016.0305. 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. 8016.0401. 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 8016.0403. |
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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. 8016.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8016.0401, 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. 8016.0403. 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. 8016.0501. 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. 8016.0502. 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. 8016.0503. 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 Montgomery County Municipal Utility District |
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No. 235 initially includes all the territory contained in the |
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following area: |
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Being a 149.1 acre tract of land located in the B.F. Winters |
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Survey, Abstract No. 621 and the Matthew Morris Survey, Abstract |
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No. 338 in Montgomery County, Texas; said 149.1 acre tract being a |
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portion of a called 160.99 acre tract recorded in the name of Conroe |
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1484, LLC under Clerk's File (C.F.) No. 2022150104 of the Official |
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Public Records of Montgomery County (O.P.R.M.C.); said 149.1 acre |
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tract being more particularly described by metes and bounds as |
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follows (all bearings are referenced to the Texas Coordinate |
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System, North American Datum of 1983 (NAD83), Central Zone): |
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BEGINNING at a 5/8-inch iron rod with cap stamped "COSTELLO |
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INC" found at the north corner of said 160.99 acre tract, the east |
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corner of a called 5.47 acre tract recorded in the name of Asim and |
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Faisal Shahzad under C.F. No. 2012082132 of the O.P.R.M.C., being |
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on the southerly right-of-way (R.O.W.) line of F.M. 1484 (80-feet |
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wide per Volume (Vol.) 344, Page 152 of the Montgomery County Deed |
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Records (M.C.D.R.); |
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Thence, with the southerly R.O.W. line of said FM 1484 the |
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following five (5) courses: |
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1. 866.55 feet along the arc of a curve to the right, said |
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curve having a central angle of 54 degrees 15 minutes 26 seconds, a |
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radius of 915.08 feet and a chord that bears South 74 degrees 20 |
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minutes 01 seconds East, a distance of 834.54 feet to a 5/8-inch |
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iron rod with cap stamped "COSTELLO INC" found; |
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2. South 47 degrees 12 minutes 18 seconds East, a distance |
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of 236.50 feet to a 5/8-inch iron rod with cap stamped "COSTELLO |
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INC" found; |
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3. 354.05 feet along the arc of a curve to the right, said |
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curve having a central angle of 22 degrees 10 minutes 00 seconds, a |
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radius of 915.13 feet and a chord that bears South 36 degrees 07 |
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minutes 18 seconds East, a distance of 351.84 feet to a 5/8-inch |
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iron rod with cap stamped "COSTELLO INC" found; |
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4. South 25 degrees 02 minutes 18 seconds East, a distance |
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of 236.30 feet to a 5/8-inch iron rod with cap stamped "COSTELLO |
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INC" found; |
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5. 329.69 feet along the arc of a curve to the left, said |
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curve having a central angle of 18 degrees 59 minutes 07 seconds, a |
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radius of 994.97 feet and a chord that bears South 34 degrees 31 |
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minutes 52 seconds East, a distance of 328.19 feet to a 5/8-inch |
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iron rod with cap stamped "COSTELLO INC" found for the northeast |
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corner of said 160.99 acre tract and the north corner of Valley |
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Oaks, Section One, a subdivision recorded in Cabinet Q, Sheet 109 of |
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the Montgomery County Plat Records; |
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6. Thence, with the common line of said 160.99 acre tract |
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and said Valley Oaks, Section One, South 41 degrees 29 minutes 36 |
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seconds West, a distance of 639.24 feet to a 5/8-inch iron rod with |
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cap stamped "COSTELLO INC" found; |
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7. Thence, with the northwest lines of said Valley Oaks, |
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Section One and Valley Oaks, Section Two, an unrecorded |
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subdivision, and the southeast line of said 160.99 acre tract, |
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South 41 degrees 48 minutes 36 seconds West, a distance of 1,727.21 |
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feet to a 5/8-inch capped iron rod stamped "COSTELLO INC" found for |
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the south corner of said 160.99 acre tract; |
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8. Thence, with a southwest line of said 160.99 acre tract, |
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North 47 degrees 56 minutes 11 seconds West, a distance of 339.76 |
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feet to a 3/4-inch iron rod found at an interior corner of said |
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160.99 acre tract; |
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9. Thence, with an interior line of said 160.99 acre tract, |
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South 44 degrees 15 minutes 23 seconds West, at a distance of 382.76 |
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feet pass a 3/4-inch iron rod found for reference, continue in all a |
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distance of 470.14 feet to the southeast corner of said 160.99 acre |
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tract, same being on the centerline of Caney Creek; |
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Thence, with the meanders of the centerline of Caney Creek |
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the following twenty-one (22) courses: |
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10. North 59 degrees 33 minutes 18 seconds West, a distance |
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of 174.86 feet; |
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11. South 80 degrees 55 minutes 47 seconds West, a distance |
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of 200.00 feet; |
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12. South 47 degrees 51 minutes 27 seconds West, a distance |
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of 227.00 feet; |
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13. North 52 degrees 25 minutes 33 seconds West, a distance |
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of 100.00 feet; |
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14. North 03 degrees 50 minutes 27 seconds East, a distance |
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of 185.00 feet; |
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15. North 43 degrees 01 minutes 33 seconds West, a distance |
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of 120.00 feet; |
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16. North 65 degrees 42 minutes 33 seconds West, a distance |
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of 185.00 feet; |
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17. South 82 degrees 21 minutes 27 seconds West, a distance |
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of 100.00 feet; |
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18. South 23 degrees 41 minutes 27 seconds West, a distance |
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of 232.00 feet; |
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19. South 57 degrees 01 minutes 27 seconds West, a distance |
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of 112.00 feet; |
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20. North 71 degrees 50 minutes 33 seconds West, a distance |
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of 123.00 feet; |
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21. North 27 degrees 55 minutes 33 seconds West, a distance |
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of 138.00 feet; |
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22. North 03 degrees 57 minutes 27 seconds East, a distance |
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of 175.00 feet; |
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23. North 43 degrees 04 minutes 33 seconds West, a distance |
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of 238.00 feet; |
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24. North 77 degrees 35 minutes 33 seconds West, a distance |
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of 200.00 feet; |
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25. North 21 degrees 40 minutes 33 seconds West, a distance |
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of 80.00 feet; |
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26. North 49 degrees 35 minutes 27 seconds East, a distance |
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of 160.00 feet; |
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27. North 31 degrees 31 minutes 33 seconds West, a distance |
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of 134.00 feet; |
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28. South 83 degrees 26 minutes 27 seconds West, a distance |
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of 232.00 feet; |
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29. South 51 degrees 32 minutes 27 seconds West, a distance |
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of 174.30 feet; |
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30. North 25 degrees 41 minutes 33 seconds West, a distance |
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of 290.50 feet; |
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31. North 07 degrees 58 minutes 15 seconds West, a distance |
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of 97.30 feet to the southeast R.O.W. line of said FM 1484 (width |
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varies per Vol. 344, Pg. 144 and Vol. 344, Pg. 147 of the M.C.D.R., |
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and C.F. No. 9325884 and 9325885 of the O.P.R.M.C.); |
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Thence, with the southeast R.O.W. line of said FM 1484 the |
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following two (2) courses: |
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32. North 64 degrees 28 minutes 00 seconds East, a distance |
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of 450.50 feet to a 5/8-inch iron rod with cap stamped "COSTELLO |
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INC" found; |
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33. 232.59 feet along the arc of a curve to the left, said |
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curve having a central angle of 12 degrees 45 minutes 13 seconds, a |
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radius of 1,044.93 feet and a chord that bears North 55 degrees 28 |
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minutes 49 seconds East, a distance of 232.11 feet; |
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34. Thence, through said 160.99 acre tract, South 49 degrees |
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35 minutes 33 seconds East, a distance of 575.87 feet; |
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35. Thence, continuing through said 160.99 acre tract, |
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North 41 degrees 55 minutes 01 seconds East, at a distance of 801.87 |
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feet pass the south corner of a called 5.255 acre tract recorded in |
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the name of Michael Chardwick Et Ux. under C.F. No. 81-03320 of the |
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O.P.R.M.C., at a distance of 1,095.65 feet pass the south corner of |
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a called 3.5567 acre tract recorded in the name of David Hernandez |
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under C.F. No. 2002102847 of the O.P.R.M.C, at a distance of |
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1,295.06 feet pass a 1/2-inch iron rod found at the south corner of |
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a called 4.35 acre tract recorded in the name of Andrew S. Gordon |
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and Jessica Faye Taylor under C.F. No. 2020045361 of the |
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O.P.R.M.C., at a distance of 1,751.38 feet pass a 3/4-inch iron rod |
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found at the south corner of aforesaid 5.47 acre tract, continue in |
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all a distance of 2,664.84 feet to the Point of Beginning and |
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containing 149.1 acres of land. |
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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 |
|
|
8016, Special District Local Laws Code, as added by Section 1 of |
|
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this Act, is amended by adding Section 8016.0306 to read as follows: |
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Sec. 8016.0306. 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. |
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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 |
|
|
Act takes effect September 1, 2023. |