79R13505 HLT-F
By: Shapleigh S.B. No. 1862
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Tierra del Este Municipal Utility
District; providing authority to impose a tax and issue bonds;
granting the power of eminent domain.
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 8127 to read as follows:
CHAPTER 8127. TIERRA DEL ESTE MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8127.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Tierra del Este Municipal
Utility District.
Sec. 8127.002. NATURE OF DISTRICT. The district is a
municipal utility district in El Paso County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
Sec. 8127.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8127.022 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to El Paso County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2010.
Sec. 8127.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes; or
(3) the legality or operation of the district or the
board.
Sec. 8127.005. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 30, 49, and 54, Water
Code, apply to the district.
[Sections 8127.006-8127.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8127.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Jack Wilkinson;
(2) Harold Hahn;
(3) Sean Henschel;
(4) John Martin; and
(5) Roland Correra.
(b) Temporary directors of the district are not required to
own land in or be residents of the district.
(c) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of persons
to fill all vacancies on the board.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8127.022; or
(2) the date this chapter expires under Section
8127.003.
Sec. 8127.022. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) The temporary directors shall hold an election to
confirm the creation of the district and to elect five initial
directors as provided by Section 49.102, Water Code.
(b) At the confirmation and initial directors' election the
board may submit to the voters a proposition to authorize:
(1) an issuance of bonds;
(2) a maintenance tax; or
(3) a tax to fund payments required under a contract.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held under this
section.
Sec. 8127.023. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8127.022 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8127.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8127.024. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8127.025-8127.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8127.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8127.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8127.053-8127.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8127.101. DEFINITIONS. In this subchapter:
(1) "Affordable housing unit" means a residential
housing unit with an initial purchase price determined as provided
by Section 8127.102.
(2) "Average median family income" means the average
median family income published by the United States Department of
Housing and Urban Development for the applicable year.
(3) "Residential housing unit" means housing for sale
or sold to individuals or families as their primary place of
residence and does not include multi-family housing.
(4) "Residential property" means property designated
on the district's master plan map for the development of
residential housing units.
(5) "Standard loan qualifying guidelines" means the
loan guidelines of the Federal Housing Administration that require
a three percent down payment and a debt-to-income ratio of 40
percent, which is adjusted upwards or downwards based on the
circumstances of and other debts owed by the borrower.
Sec. 8127.102. DETERMINATION OF INITIAL PURCHASE PRICE.
(a) For a purchaser of documented low or very low income, the
initial purchase price of an affordable housing unit must be not
more than the maximum purchase price that a person of low or very
low income, as determined by the United States Department of
Housing and Urban Development, for the El Paso Standard
Metropolitan Area, would be able to pay under standard loan
qualifying guidelines.
(b) Except as provided by Subsection (a), the initial
purchase price of an affordable housing unit must be not more than
the maximum purchase price that a purchaser with an annual income
equal to the average median family income for the City of El Paso
for a low income family of four would be able to pay under standard
loan qualifying guidelines if:
(1) the purchaser makes a three percent down payment;
(2) the purchaser has good credit and no other fixed
debt obligations;
(3) the loan is for 30 years at an interest rate equal
to the interest rate for similar Federal Housing Administration
loans on January 1 of that calendar year; and
(4) the debt-to-income ratio determined under
standard loan qualifying guidelines is not more than 40 percent.
Sec. 8127.103. DETERMINATION OF MAXIMUM MONTHLY MORTGAGE
LOAN PAYMENT. To determine the maximum monthly mortgage loan
payment that a borrower may have and still meet the required
debt-to-income ratio of the standard loan qualifying guidelines,
the amounts to be paid by the borrower for tax and insurance escrows
and mortgage insurance premiums are included in addition to the
payment for principal and interest on the loan.
Sec. 8127.104. ZONING AUTHORITY. The district has the
zoning authority granted to a municipality under Chapter 211, Local
Government Code.
Sec. 8127.105. AFFORDABLE HOUSING REQUIREMENTS. The
district shall exercise the authority granted to the district under
Section 8127.104 to ensure that:
(1) a minimum of five percent of all residential
housing units in the district are affordable housing units;
(2) in each housing sector in the district at least 2.5
percent of the residential housing units are allocated for
affordable housing; and
(3) affordable housing units are located in not less
than two platted subdivisions within each housing sector.
Sec. 8127.106. DEVELOPMENT AND SALE OF AFFORDABLE HOUSING.
(a) The district shall require property designated for affordable
housing to be developed and made available for sale concurrently
with other residential property in the district.
(b) The district shall reject any requested purchase of
property within a housing sector in which the affordable housing
units required under Section 8127.105 are not completed.
Sec. 8127.107. COMPLIANCE WITH MUNICIPAL ORDINANCES. The
district is subject to the requirements of municipal ordinances of
the City of El Paso that apply to areas within the extraterritorial
jurisdiction of the City of El Paso.
[Sections 8127.108-8127.150 reserved for expansion]
SUBCHAPTER D. DIVISION OF DISTRICT TO MULTIPLE DISTRICTS
Sec. 8127.151. DIVISION OF DISTRICT; REQUIREMENTS. (a)
Subject to the approval of the City of El Paso, at any time before
the district issues indebtedness secured by taxes or net revenues,
the district, including any annexed territory, may be divided into
two or more new districts.
(b) A new district created by division of the district must
be at least 100 acres.
(c) The board by resolution may declare an intent to divide
the district. The resolution must:
(1) set the terms of the division, including a plan for
the payment or performance of any outstanding district obligations;
and
(2) contain a metes and bounds description for each
new district.
Sec. 8127.152. DISTRICT DIVISION BY ELECTION. (a) The
board shall hold an election in the district to determine whether
the district should be divided as proposed under Section 8127.151.
(b) The board shall give notice of the election not later
than the 20th day before the date of the election. The notice must
state:
(1) the date and location of the election; and
(2) the proposition to be voted on.
(c) If a majority of the votes are cast in favor of the
division, the district is divided.
(d) If less than a majority of the votes are cast in favor of
the division, the district may not be divided.
Sec. 8127.153. NOTICE OF DIVISION. Not later than the 30th
day after the date of a division under this subchapter, the district
shall provide written notice of the plan for division to:
(1) the Texas Commission on Environmental Quality;
(2) the attorney general;
(3) the commissioners court of each county in which a
new district is located; and
(4) each municipality having extraterritorial
jurisdiction over territory in a new district.
Sec. 8127.154. DISTRICT NAMES FOLLOWING DIVISION. The
resulting new districts are assigned consecutive letters to be
appended to the name of the original district.
Sec. 8127.155. ELECTION OF DIRECTORS OF NEW DISTRICTS. (a)
Not later than the 90th day after the date of an election in favor of
the division of the district, the board shall:
(1) appoint itself as the board of one of the new
districts; and
(2) appoint five directors for each of the other new
districts.
(b) A director appointed under Subsection (a)(1) serves the
term to which that director was elected in the original district. A
director appointed under Subsection (a)(2):
(1) serves until the election for directors under
Subsection (c); and
(2) is not required to own land in or reside in the
district for which the director is appointed.
(c) On the uniform election date in May of the first
even-numbered year after the year in which the directors are
appointed, an election shall be held to elect five directors in each
district for which directors were appointed under Subsection
(a)(2). Of the five directors elected in each district, the three
directors receiving the greatest number of votes shall serve until
the second regularly scheduled election of directors under
Subsection (d), and the remaining two directors shall serve until
the first regularly scheduled election of directors.
(d) Except as provided by Subsection (c), directors serve
staggered four-year terms. On the uniform election date in May of
each even-numbered year, the appropriate number of directors shall
be elected.
Sec. 8127.156. CONTINUING POWERS AND OBLIGATIONS OF NEW
DISTRICTS. (a) Each new district may incur and pay debts and has
all powers of the original district created by this chapter.
(b) If the district is divided as provided by this
subchapter, the current obligations and any bond authorizations of
the district are not impaired. Debts shall be paid by revenues or
by taxes or assessments imposed on real property in the district as
if the district had not been divided or by contributions from each
new district as stated in the terms set by the board in the plan for
division.
(c) Any other district obligation shall be divided pro rata
among the new districts on an acreage basis or on other terms that
are satisfactory to the new districts.
Sec. 8127.157. CONTRACT AUTHORITY OF NEW DISTRICTS. The
new districts may contract with each other for:
(1) water and wastewater services; or
(2) any other matter the boards of the new districts
consider appropriate.
Sec. 8127.158. BOND ISSUANCE BY NEW DISTRICT. A new
district may issue bonds payable wholly or partly from ad valorem
taxes on the approval of a majority of the residents voting in an
election called and held for that purpose.
Sec. 8127.159. MAINTENANCE TAX APPROVAL FOR NEW DISTRICT.
A new district may impose a maintenance tax on the approval of a
majority of the residents voting in an election called and held for
that purpose.
SECTION 2. BOUNDARIES. The Tierra del Este Municipal
Utility District initially includes the territory contained within
the following area:
Description of a parcel of land being a portion of Section 37, Block
79, Township 2, Texas and Pacific Railroad Surveys El Paso County,
Texas and being more particularly described by metes and bounds as
follows:
Tract One:
Description of a parcel of land being a portion of Section 37, Block
79, Township 2, Texas and Pacific Railroad Surveys El Paso County,
Texas and being more particularly described by metes and bounds as
follows:
The "TRUE POINT OF BEGINNING" being a found 2" pipe with brass cap
marked sect 37, 38, 47, 48;
Thence North 00°35'06" West between the common line of sections 37
and 38 a distance of 5236.86 feet to a found 2" pipe for the common
corner of sections 35,36,37 & 38;
Thence North 89°58'06" East with the common line between section 37
and Hillcrest Estates a distance of 5313.88 feet to a found 2" pipe
for the common corner of sections 36,37, 7 & 18;
Thence South 00°35'30" East along the line between sections 37 and
18 a distance of 4736.94 feet to a set 1/2" rebar with cap marked TX
5152 on the northerly boundary line of Jobe Concrete Products Inc.
property in Book 3084, Page 133, Deed records of El Paso County,
Texas;
Thence along said boundary line South 89°58'09" West (S 89°56'40" W
Book 3084, Page 133) a distance of 500.00 feet to a point on the
westerly line of said Jobe Concrete Products property from which a
found 1/2" rebar with cap marked TX 4680 bears N 08°42'03" W- 0.67';
Thence along said boundary line South 00°35'30" East (S 00°29'44" E
Book 3084, Page 133) a distance of 500.00 feet to a set 1/2" rebar
with cap marked TX 5152 on the line between sections 37 and 48;
Thence South 89°58'09" West along the line between sections 37 and
48 a distance of 4814.48 feet to the "TRUE POINT OF BEGINNING" and
containing 633.12 acres of land more or less.
NOTE: Bearings Basis is True North for a Transverse Mercator
Surface Projection as determined by GPS Methods based on a set 1/2"
rebar with cap marked TX 5152 Latitude:31°47'01.296"N Longitude:
106°14'58.705W.
Tract Two:
The parcel of land herein described is all of Tract 5, Section 38,
Block 79, Township 2, Texas & Pacific Railway Company Surveys, El
Paso County, Texas, and is more particularly described by metes and
bounds as follows:
COMMENCING at a T-Bar with EPNG brass found on the common boundary
line between Sections 38 and 39, Block 79, Township 2, Texas &
Pacific Railway Company Surveys, from which a 2" iron pipe in
concrete found at the common corner of Sections 38, 39, 46 and 47,
Block 79, Township 2, Texas & Pacific Railway Company Surveys bears
South 00°30'31" East, a distance of 299.90 feet, said point being
the POINT OF BEGINNING of this description;
THENCE, N 00°30'31" W, along said common boundary line, a distance
of 3173.84 feet to a found T-Bar with EPNG brass cap on the
southerly right-of-way line of Zaragosa Road [F.M. 659 (deed dated
March 10, 1936, recorded in Book 606, Page 507, Deed Records, El
Paso County, Texas)];
THENCE, N 42°33'48" E, along said boundary line, a distance of
1149.66 feet to a set 5/8" rebar with cap marked "RPLS 4178";
THENCE, S 40°37'29" E, a distance of 4703.80 feet to a found T-Bar
with EPNG brass cap;
THENCE, S 00°28'20" E, a distance of 465.30 feet to a found T-Bar
with EPNG brass cap;
THENCE, N 89°46'32" W, a distance of 3815.98 feet to the POINT OF
BEGINNING of this description.
Said parcel of land contains 221.032 acres (9,628,155 square feet)
of land more or less.
Tract Three:
The parcel of land herein described is all of Tract 4, Section 38,
Block 79, Township 2, Texas & Pacific Railway Company Surveys, El
Paso County, Texas, and is more particularly described by metes and
bounds as follows:
COMMENCING at a brass cap in concrete found at the common corner of
Sections 35, 36, 37 and 38, Section 38, Block 79, Township 2, Texas &
Pacific Railway Company Surveys, from which a 2" iron pipe in
concrete found at the common corner of Sections 34, 35, 38 and 39,
Section 38, Block 79, Township 2, Texas & Pacific Railway Company
Surveys bears North 89°58'13" West, a distance of 5312.88 feet, said
point being the POINT OF BEGINNING of this description;
THENCE, South 00°32'27" East, along the common boundary line between
Sections 37 and 38, a distance of 4894.09 feet to a found T-Bar;
THENCE, North 89°46'48" West, a distance of 839.84 feet to a found
T-Bar with EPNG brass cap;
THENCE, North 00°33'24" West, a distance of 599.67 feet to a found
T-Bar with EPNG brass cap;
THENCE, North 89°46'48" West, a distance of 659.70 feet to a set 5/8"
rebar with cap marked "RPLS 4178";
THENCE, South 00°33'24" East, a distance of 77.62 feet to a found
T-Bar with EPNG brass cap;
THENCE, North 40°37'15" West, a distance of 4623.41 feet to a 5/8"
rebar with cap marked "RPLS 4178" set on the southerly right-of-way
line of Zaragosa Road [F.M. 659 (deed dated March 10, 1936, recorded
in Book 606, Page 507, Deed Records, El Paso County, Texas)];
THENCE, North 42°33'48" East, along said right-of-way line, a
distance of 1165.83 feet to a chiseled "X" set on the common
boundary line between Sections 35 and 38;
THENCE, South 89°58'13" East, along said boundary line, a distance
of 3679.91 feet to the POINT OF BEGINNING of this description.
Said parcel of land contains 330.029 acres (14,376,082 square feet)
of land more or less.
Tract Four:
The parcel of land herein described is all of Tract 6, Section 38,
Block 79, Township 2, Texas & Pacific Railway Company Surveys, El
Paso County, Texas, and is more particularly described by metes and
bounds as follows:
COMMENCING at a 2" iron pipe in concrete found at the common corner
of Sections 38, 39, 46 and 47, Section 38, Block 79, Township 2,
Texas & Pacific Railway Company Surveys, from which a 2" iron pipe
in concrete found at the common corner of Sections 34, 35, 38 and
39, Section 38, Block 79, Township 2, Texas & Pacific Railway
Company Surveys bears North 00°30'31" West, a distance of 5235.75
feet, said point being the POINT OF BEGINNING of this description;
THENCE, North 00°30'31" West, along the common boundary line between
Sections 38 and 39, a distance of 239.93 feet to a found T-Bar with
EPNG brass cap;
THENCE, South 89°46'19" East, a distance of 5315.88 feet to a found
T-Bar with EPNG brass cap on the common boundary line between
Sections 37 and 38;
THENCE, South 00°32'27" East, a distance of 222.61 feet to a brass
cap in concrete found at the common corner of Sections 37, 38, 47
and 48, Block 79, Township 2, Texas & Pacific Railway Company
Surveys;
THENCE, North 89°57'31" West, along the common boundary line between
Sections 38 and 47, a distance of 5315.81 feet to the POINT OF
BEGINNING of this description.
Said parcel of land contains 28.221 acres (1,229,299 square feet)
of land more or less.
Tract Five:
Description of a parcel of land being a portion of Section 39, Block
79, Township 2, Texas and Pacific Railroad Company Surveys El Paso
County, Texas and being more particularly described by metes and
bounds as follows:
The "TRUE POINT OF BEGINNING" being a found 1/2" rebar with cap
marked TX 5152 set for the common corner of sections 38, 39, 46 and
47, Block 79, TSP 2, T & P RR. Surveys from this point a 2" pipe
found for the common corner of sections 34, 35, 38 and 39 bears
North 00°33'11" West a distance of 5235.75 feet, Thence from said
1/2" rebar South 89°57'37" West with the common line between
sections 39 and 46 a distance of 2542.84 feet to a set 1/2" rebar
with cap marked TX 5152;
Thence leaving said boundary line North 42°31'34" East a distance of
3722.85 feet to a set 1/2" rebar with cap marked TX 5152 on the line
between sections 38 and 39;
Thence along said boundary line South 00°33'11" East a distance of
2741.99 feet to the "TRUE POINT OF BEGINNING" and containing 80.029
acres of land more or less.
NOTE: Bearings Basis is True North for a Transverse Mercator
Surface Projection as determined by GPS Methods based on a set 1/2"
rebar with cap marked TX 5152 Latitude:31°47'01.296"N Longitude:
106°14'58.705W Height: 3928.22sft.
Tract Six:
Description of a parcel of land being Tract 2A, Section 46, Block
79, Township 2, Texas and Pacific Railroad Company Surveys, El Paso
County, Texas and being more particularly described by metes and
bounds as follows:
Commencing for reference at a found 2" pipe at the Northeasterly
corner of Section 46, Block 79, Township 2, Texas and Pacific
Railroad Company Surveys; Thence along the Easterly boundary line
of said Section 46 South 00 33'12" East a distance 524.76 feet to a
set 1/2" rebar with cap marked Tx 5152 for the "TRUE POINT OF
BEGINNING";
Thence continuing along the Easterly boundary line of said Section
46, South 00°33'12" East a distance of 1048.28 feet to a set 1/2"
rebar with cap marked Tx 5152 on the Southerly boundary line of
Tract 2A, Section 46, Block 79, Township 2, Texas and Pacific
Railroad Company Surveys;
Thence along said boundary line the following 3 courses:
1. North 90°00'00" West a distance of 4422.30 feet to a set
1/2" rebar with cap marked Tx 5152;
2. 185.59 feet along the arc of a curve to the right whose
radius is 250.00 feet, whose interior angle is 42°32'00, whose
chord bears North 68°44'00" West a distance of 181.35 feet to a set
1/2" rebar with cap marked Tx 5152;
3. North 47°28'00" West a distance of 20.86 feet ( 20.00 feet
volume 780, page 1233 Deed Records of El Paso County, Texas) to a
set 1/2" rebar with cap marked Tx 5152 on the Southeasterly
right-of-way line of Zaragosa Road (100' R.O.W.);
Thence along said right-of-way line North 42°33'05" East a distance
of 1314.51 feet (North 42 32'00" East - 1314.91 feet volume 780,
page 1233, Deed Records of El Paso County, Texas) to a set 1/2"
rebar with cap marked Tx 5152 on the Northerly boundary line of said
Tract 2A;
Thence along said boundary line South 90°00'00" East a distance of
3707.61 feet to the "TRUE POINT OF BEGINNING" and containing in all
4,388,551.33 square feet or 100.75 acres of land more or less.
NOTE: Bearings based on found 2" pipes at Northeast and Southeast
corners of Section 46, Block 79, Township 2, Texas and Pacific
Railroad Company Surveys with bearing of South 00 33'12" East as per
Deed in volume 780, page 1233, Deed Records of El Paso County,
Texas.
Tract Seven:
Description of a parcel of land being a portion of Section 47, Block
79, Township 2, Texas and Pacific Railroad Surveys El Paso County,
Texas and being more particularly described by metes and bounds as
follows:
The "TRUE POINT OF BEGINNING" being a found 2" pipe with brass cap
marked sect 37,38,47,48, Thence South 00°34'52" East with the common
line between sections 47 and 48 a distance of 4734.76 feet to a
found 1/2" rebar with cap marked TX 4680 on the northerly boundary
line of property to Jobe Concrete Products Inc. recorded in book
3084, page 133, deed records of El Paso County, Texas;
Thence along said boundary line South 89°59'32" West (S 89°55'06" W
book 3084, page 133) a distance of 500.00 feet to a point on the
westerly boundary line of said Jobe Concrete Products property from
which a found 1/2" rebar with cap marked TX 4680 bears N 61°14'07" E
- 0.18';
Thence along said boundary line South 00°34'52" East (S00°29'10"E
book 3084, page 133) a distance of 500.00 feet to a point on the line
between sections 47 and 2 from which a found 1/2" rebar with cap
marked TX 4680 bears S 08°02'47" W- 0.18';
Thence South 89°59'32" West along the line between section 47 and 2 a
distance of 4716.17 feet to a set 1/2" rebar with cap marked TX 5152
on the easterly boundary line of an 100 foot El Paso Electric
Company easement in book 3848, page 1070, Deed records of El Paso
County, Texas;
Thence along said boundary line North 00 34'37" West (N 00°35'50" W
Book 3848, Page 1070) a distance of 2853.01 feet to a set 1/2" rebar
with cap marked TX 5152 on the northerly line of said El Paso
Electric Company Easement;
Thence along said line North 89 58'26" West (N 89°59'39" W Book 3848,
page 1070) a distance of 100.01 feet to a set 1/2" rebar with cap
marked TX 5152 on the line between sections 46 and 47;
Thence North 00 34'37" West with the common line between sections 46
and 47 a distance of 2382.12 feet to a set 1/2" rebar with cap marked
TX 5152 for the common corner of section 38,39,46 & 47;
Thence North 89°59'49" East (N 89°57'31" E Book 3661, Page 718) along
the line between section 38 and 47 a distance of 5315.81 feet to the
"TRUE POINT OF BEGINNING" and containing 626.55 acres of land more
or less.
NOTE: Bearings Basis is True North for a Transverse Mercator
Surface Projection as determined by GPS Methods based on a set 1/2"
rebar with cap marked TX 5152 Latitude:31°47'01.296"N Longitude:
106°14'58.705W.
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. This Act takes effect September 1, 2005.