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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 Waller County Municipal Utility |
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District No. 18; providing authority to impose a tax and issue |
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bonds; granting a limited power of eminent domain. |
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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 8448 to read as follows: |
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CHAPTER 8448. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8448.001. 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 Waller County Municipal |
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Utility District No. 18. |
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Sec. 8448.002. 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. 8448.003. 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. 8448.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8448.003 |
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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. 8448.005. 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. 8448.006. 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. 8448.051. 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 8448.052, directors serve |
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staggered four-year terms. |
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Sec. 8448.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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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 8448.003; 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 8448.003 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 8448.003; 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. 8448.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8448.102. 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. 8448.103. 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. 8448.104. 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, zoning and |
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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. 8448.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8448.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) 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 8448.153. |
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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. 8448.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8448.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water 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. 8448.153. 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. 8448.201. 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. 8448.202. 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. 8448.203. 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 Waller County Municipal Utility District |
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No. 18 initially includes all the territory contained in the |
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following area: |
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Being 826.853 acres of land located in the Nathan Brookshire |
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League, Abstract 16, Waller County, Texas, more particularly being |
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a portion of that certain called 512.81 acre tract conveyed to NBI |
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PROPERTIES, INC., by an instrument of record in Volume 1272, Page |
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838 of the Waller County Official Public Records (W.C.O.P.R.), all |
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of that certain called 63.00 acre tract conveyed to WOODS ROAD & |
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I-10 INVESTMENTS, INC., by an instrument of record in Volume 1334, |
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Page 445, W.C.O.P.R., a portion of that certain called 89.10 acre |
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tract conveyed to WOODS ROAD & I-10 INVESTMENTS, INC. by an |
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instrument of record in Volume 1334, Page 457, W.C.O.P.R., all of |
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that certain called 16.93 acre tract conveyed to WOODS ROAD & I-10 |
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INVESTMENTS, INC. by an instrument of record in Volume 1334, Page |
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467, W.C.O.P.R., and a portion of that certain called 190.91 acre |
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tract conveyed to WOODS ROAD & I-10 INVESTMENTS, INC. by an |
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instrument executed to be effective as of December 21, 2012, said |
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826.853 acres being more particularly described in two parts by |
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metes and bounds as follows (all bearings are assumed); |
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PART 1 |
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BEGINNING at the south corner of said 512.81 acre tract, also |
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being in the northwest right-of-way line of F.M. Highway 359 |
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(100-feet wide) and being on the common county line of Waller County |
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and Fort Bend County, Texas; |
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Thence, North 35° 56' 35" West, along the west line of said |
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512.81 acres, 2,251.49 feet to a point for corner, the beginning of |
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a curve; |
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Thence, continuing along said west line, 432.35 feet along |
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the arc of a tangent curve to the left having a radius of 2,960.16 |
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feet, a central angle of 08° 22' 06", and a chord which bears North |
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40° 07' 38" West, 431.96 feet to a point for corner; |
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Thence, North 44° 17' 27" West, continuing along said west |
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line 466.43 feet to a point for corner; |
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Thence, North 45° 32' 32" East, leaving said west line, 219.66 |
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feet to a point for corner; |
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Thence, North 39° 01' 07" East, 312.51 feet to a point for |
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corner; |
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Thence, North 32° 29' 44" East, 312.51 feet to a point for |
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corner; |
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Thence, North 25° 58' 19" East, 312.50 feet to a point for |
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corner; |
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Thence, North 19° 26' 57" East, 312.51 feet to a point for |
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corner; |
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Thence, North 12° 55' 32" East, 312.50 feet to a point for |
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corner; |
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Thence, North 06° 24' 08" East, 312.50 feet to a point for |
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corner; |
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Thence, North 00° 07' 15" West, 306.77 feet to a point for |
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corner; |
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Thence, North 02° 16' 25" West, 1,497.83 feet to a point for |
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corner on a southerly line of Partition Tract 1 of a partition of a |
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called 150.0909 acre tract recorded in Volume 152, Page 268, Waller |
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County Deed Records (W.C.D.R.) also being on the north line of |
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aforementioned 89.10 acre tract, from which the northwest corner of |
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said 89.10 acre tract bears South 87° 34' 14" West, 467.86 feet; |
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Thence, North 87° 34' 14" East, along the common line of said |
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Partition Tract 1 and said 89.10 acre tract, 467.86 feet to a point |
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for corner being the northwest corner of that certain called 10.00 |
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acre tract conveyed to William Kirkland Brookshire by an instrument |
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of record in Volume 1261, Page 745, W.C.O.P.R.; |
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Thence, along the common line of said 10.00 acre tract and |
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said 89.10 acre tract, the following six (6) courses: |
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1. South 14° 04 '22" West, 246.28 feet to a point for corner; |
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2. South 40° 43' 26" West, 47.92 feet to a point for corner; |
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3. South 55° 47' 07" West, 98.99 feet to a point for corner; |
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4. South 70° 00' 30" West, 188.93 feet to a point for corner; |
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5. North 87° 34' 14" East, 1,420.55 feet to a point for |
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corner; |
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6. North 02° 07' 41" West, 380.25 feet to a point for corner, |
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being on the aforementioned common line of said Partition Tract 1 |
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and said 89.10 acre tract; |
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Thence, North 87° 34' 14" East, along said common line, |
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1,540.58 feet to a point for corner, being the northwest corner of |
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that certain called 17.2825 acre tract, conveyed to Kohinoor Group, |
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L.P. by an instrument of record in Volume 1293, Page 107, |
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W.C.O.P.R., |
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Thence, South 02° 30' 41" East, along the common line of said |
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17.2825 acre tract and the aforementioned 89.10 acre tract, 199.61 |
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feet to a point for corner, being the southwest corner of said |
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17.2825 acre tract; |
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Thence, North 87° 34' 14" East, continuing along said common |
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line, 3,771.58 feet to a point for corner, being the northeast |
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corner of aforementioned 89.10 acre tract, also being on the common |
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survey line of aforementioned Nathan Brookshire League, Abstract 16 |
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and the H.H. Pennington Survey, Abstract 322, Waller County, Texas; |
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Thence, South 02° 30' 41" East, along the east line of said |
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89.10 acre tract and the east line of aforementioned 16.93 acre |
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tract and said common survey line, 677.74 feet to a point for |
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corner; |
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Thence, South 02° 34' 03" East, continuing along said east |
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line of said 89.10 acre tract, said common survey line and the |
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aforementioned 190.91 acre tract, at 972.77 feet passing the common |
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corner of said H. H. Pennington Survey and the H.& T.C. R.R. Co. |
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Survey, Section 75, Abstract 155, Waller County, Texas, and |
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continuing along the common survey line of said Nathan Brookshire |
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League, Abstract 16, and said H.& T.C. R.R. Co. Survey, Section 75, |
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Abstract 155, for a total distance of 1,010.05 feet to a point for |
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corner, being the southeast corner of said 190.91 acre tract; |
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Thence, South 87° 43' 24" West, leaving said common survey |
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line, along the south line of said 190.81 acre tract, 963.88 feet to |
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a point for corner, being the most northerly northeast corner of the |
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aforementioned 512.81 acre tract; |
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Thence, South 02° 40' 16" East, along an east line of said |
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512.81 acre tract, 956.04 feet to a point for corner; |
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Thence, North 87° 47' 23" East, along a north line of said |
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512.81 acre tract, 917.94 feet to a point for corner, being on the |
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west right-of-way line of Woods Road (80-feet wide); |
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Thence, South 02° 40' 45" East, along the common line of said |
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Woods Road and said 512.81 acre tract, 845.74 feet to a point for |
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corner, being on the common county line of said Waller County and |
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Fort Bend County, Texas; |
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Thence, South 64° 48' 51" West, along said common county line |
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and the southeast line of said 512.81 acre tract, 6,445.42 feet to |
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the POINT OF BEGINNING and containing 763.858 acres of land; |
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PART 2 |
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COMMENCING for reference at the northwest corner of the |
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aforementioned 89.10 acre tract, same being the southwest corner of |
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the aforementioned Partition Tract 1; |
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Thence, North 02° 16' 25" East, along the west line of said |
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Partition Tract 1, 53.63 feet to a point; |
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Thence, North 87° 52' 19" East, along the north line of said |
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Partition Tract 1, 2,230.79 feet to the POINT OF BEGINNING, also |
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being the southwest corner of the aforementioned 63.00 acre tract; |
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Thence, North 02° 56' 36" West, along the west line of said |
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63.00 acre tract, 896.19 feet to a point for corner; |
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Thence, North 02° 13' 46" West, continuing along the west line |
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of said 63.00 acre tract, 363.94 feet to a point for corner; |
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Thence, North 03° 34' 46" West, continuing along the west line |
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of said 63.00 acre tract, 703.01 feet to a point for corner, being |
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the northwest corner of said 63.00 acre tract; |
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Thence, North 86° 29' 35" East, along the north line of said |
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63.00 acre tract, 1,396.67 feet to a point for corner being the |
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northeast corner of said 63.00 acre tract; |
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Thence, South 02° 33' 43" East, along the east line of said |
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63.00 acre tract, 1,996.49 feet to a point for corner, being the |
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southeast corner of said 63.00 acre tract and on the north line of |
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aforementioned Partition Tract 1; |
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Thence, South 87° 52' 19" West, along the common line of said |
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63.00 acre tract and said Partition Tract 1, 1,380.18 feet to the |
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POINT OF BEGINNING and containing 62.995 acres of land. |
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Said Part One and Part Two containing a total of 826.853 acres |
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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 |
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8448, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8448.106 to read as follows: |
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Sec. 8448.106. 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 Subsection (c), |
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Section 17, 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 |
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Act takes effect September 1, 2013. |
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* * * * * |