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A BILL TO BE ENTITLED
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relating to the creation of the Brazoria County Municipal Utility |
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District No. 49; 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 8427 to read as follows: |
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CHAPTER 8427. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 49 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8427.001. 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 Brazoria County Municipal |
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Utility District No. 49. |
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Sec. 8427.002. 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. 8427.003. 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. 8427.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8427.003 |
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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. 8427.005. 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. 8427.006. 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. 8427.051. 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 8427.052, directors serve |
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staggered four-year terms. |
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Sec. 8427.052. 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 8427.003; 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 8427.003 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 8427.003; 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. 8427.101. 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. 8427.102. 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. 8427.103. 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. 8427.104. 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, |
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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. 8427.105. 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. 8427.151. 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 8427.153. |
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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. 8427.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8427.151, 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. 8427.153. 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. 8427.201. 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. 8427.202. 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. 8427.203. 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 Brazoria County Municipal Utility District |
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No. 49 initially includes all the territory contained in the |
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following area: |
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Being a 295.76 acre tract of land out of the Francis Moore |
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League, Abstract 100, Brazoria County, Texas; and being out of and a |
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portion of that certain called 2,075.08 acre tract of land as |
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conveyed in Special Warranty Deed to SUNTEX FULLER CORPORATION, |
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recorded in Clerk's File Number 99-003294 of the Official Public |
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Records of Real Property in Brazoria County, Texas; said 295.76 |
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acre tract of land is more particularly described by metes and |
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bounds as follows; |
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COMMENCING at the Northwest corner of said 2,075.08 acre |
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tract of land, the Northwest corner of said Francis Moore League, |
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Abstract-100, being in the Centerline of F.M. 1462 (120-feet wide |
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right-of-way) as described in Volume 303, Page 215 in Deed Records |
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of Brazoria County, Texas; said point being at the intersection of |
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said Centerline F.M. 1462 and the East right-of-way line of County |
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Road 511 as recorded in Volume 548, Page 544 of the Deed Records of |
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Brazoria County, Texas; |
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THENCE South 27° 03' 00" East with the Southwesterly line of |
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said 2,075.08 acre tract, the Southwesterly line of Savannah |
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Plantation, Section One, Block 1 (Unrecorded) passing at 60.00 |
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feet, the Southeasterly right-of-way line of said F.M. 1462, |
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continuing with the Southwesterly line of said 2,075.08 acre tract, |
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the Northeasterly right-of-way line of said County Road 511, in all |
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a distance of 1,973.55 feet to the Southwest corner of said Savannah |
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Plantation, Section One, Block 1 and the POINT OF BEGINNING of the |
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herein described tract of land; |
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THENCE with the South and East lines of said Savannah |
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Plantation, Section One, Block 1 as follows: |
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- South 84° 05' 00" East, 862.55 feet to a point for corner; |
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- North 62° 57' 00" East, 476.33 feet to a point for corner; |
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- North 27° 03' 00" West, 569.87 feet to a point for the |
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Southwest corner of Savannah Plantation, Section Two as recorded in |
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Volume 20, Pages 333-334 of the Map Records of Brazoria County, |
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Texas; |
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THENCE North 60° 26' 18" East with the Southeasterly line of |
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said Savannah Plantation, Section Two, 2,866.75 feet to a point for |
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corner, said point being the Northwest corner of Savannah |
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Plantation, Section Three as recorded in Volume 21, Pages 1-2 of the |
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Map Records of Brazoria County, Texas; said point also being in the |
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Southwesterly right-of-way line of Savannah Plantation Drive (150' |
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right-of-way) as recorded in said Section Three; |
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THENCE South 27° 01' 02" East with the Southwesterly |
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right-of-way line of said Savannah Plantation Road, the |
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Southwesterly line of said Savannah Plantation, Section Three, |
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436.03 feet to a point for the Northeast corner of a called 2.84 |
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acre tract of land conveyed to S.P. Utility Company, Inc. as |
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recorded in File Number 2003-040036 of the Clerk's Files of |
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Brazoria County, Texas; |
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THENCE South 62° 58' 58" West with the Northwesterly line of |
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said 2.84 acre tract, 382.38 feet to a point for the Northwest |
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corner of said 2.84 acre tract; |
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THENCE South 19° 16' 54" East with the West line of said 2.84 |
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acre tract, 287.03 feet to a point for the Southwest corner of said |
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2.84 acre tract; |
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THENCE North 70° 43' 06" East with the South line of said 2.84 |
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acre tract, 223.05 feet to an angle point for corner; |
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THENCE North 62° 58' 58" East with the Southeasterly line of |
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said 2.84 acre tract, 200.00 feet to a point for the Southeast |
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corner of said tract, being in the Southwesterly right-of-way line |
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of said Savannah Plantation Road, the Southwesterly line of said |
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Savannah Plantation, Section Three; |
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THENCE South 27° 01' 02" East with said Southwesterly |
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right-of-way line, the Southwesterly line of said Savannah |
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Plantation, Section Three, 304.52 feet to a point for the Northeast |
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corner of a called 1.00 acre tract of land conveyed to S.P. Utility |
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Company, Inc. as recorded in File Number 2003-040036 of the Clerk's |
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Files of Brazoria County, Texas; |
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THENCE South 62° 58' 58" West with the Northwesterly line of |
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said 1.00 acre tract, 181.50 feet to a point for the Northwest |
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corner of said 1.00 acre tract; |
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THENCE South 27° 01' 02" East with the Westerly line of said |
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1.00 acre tract, 240.00 feet to a point for the Southwest corner of |
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said 1.00 acre tract; |
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THENCE North 62° 58' 58" East with the Southerly line of said |
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1.00 acre tract, 181.50 feet to a point for the Southeast corner of |
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said 1.00 acre tract, being in said Southwesterly right-of-way line |
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of Savannah Plantation Road, the Southwesterly line of said |
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Savannah Plantation, Section Three; |
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THENCE with the West line of said Savannah Plantation, |
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Section Three, as follows: |
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- South 27° 01' 02" East, 153.29 feet to a point for corner, |
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at the beginning of a curve to the right; |
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- Along the arc of said curve to the right, having a chord of |
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South 10° 29' 48" East, 355.45 feet, a radius of 625.00 feet, a |
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central angle of 33° 02' 27", for an arc length of 360.42 feet to a |
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point for corner; |
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- South 06° 01' 25" West, 492.47 feet to a point for corner; |
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- North 83° 58' 35" West, 50.00 feet to a point for corner; |
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- South 06° 01' 25" West, 80.00 feet to a point for corner; |
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- South 83° 58' 35" East, 147.19 feet to a point for corner; |
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- South 06° 01' 25" West, 390.00 feet to a point for the |
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Southwest corner of said Savannah Plantation, Section Three; |
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THENCE South 83° 58' 35" East with the South line of said |
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Savannah Plantation, Section Three, 2,543.73 feet to a point for |
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the Easternmost corner of the herein described tract of land; |
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THENCE South 62° 54' 39" West with the Southeasterly line of |
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the herein described tract of land, the Northwesterly line of |
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Brazoria County Municipal Utility District Number 50, 498.21 feet |
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to a point for corner; |
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THENCE South 63° 00' 17" West continuing with the |
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Southeasterly line of the herein described tract of land, the |
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Northwesterly line of Brazoria County Municipal Utility District |
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Number 50, 3,951.47 feet to a point for the Southernmost Southwest |
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corner of the herein described tract of land, being in the |
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Northeasterly line of Savannah Plantation, Section One, Block 4 |
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(Unrecorded); |
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THENCE North 27° 03' 00" West with said Northeasterly line of |
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said Section One, Block 4, 828.21 feet to a point for the Northeast |
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corner of said Section One, Block 4; |
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THENCE South 62° 57' 00" West with the Northwesterly line of |
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said Section One, Block 4, 1,200.00 feet to a point for the |
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Northwest corner of said Section One, Block 4, being in the common |
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line between the Southwesterly line of said 2,075.08 acre tract of |
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land and the Northeasterly right-of-way line of said County Road |
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511; |
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THENCE North 27° 03' 00" West with said common line, 80.00 |
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feet to a point for the Southwest corner of Savannah Plantation, |
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Section One, Block 3 (Unrecorded); |
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THENCE North 62° 57' 00" East with the Southeasterly line of |
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said Section One, Block 3, 1,200.00 feet to a point for the |
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Southeast corner of said Section One, Block 3; |
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THENCE with the Northeasterly and Northwesterly lines of said |
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Savannah Plantation, Section One, Block 3 as follows: |
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- North 27° 03' 00" West, 280.00 feet to a point for corner; |
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- South 62° 57' 00" West, 474.00 feet to a point for corner; |
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- North 27° 03' 00" West, 1,515.00 feet to a point for |
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corner; |
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- South 62° 57' 00" West, 126.00 feet to a point for corner; |
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- North 27° 03' 00" West, 619.43 feet to a point for the |
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Northeast corner of said Section One, Block 3; |
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THENCE North 84° 05' 00" West with the North line of said |
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Savannah Plantation, Section One, Block 3, 715.15 feet to a point |
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for the Northwest corner of said Section One, Block 3, being in the |
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common line between the Southwesterly line of said 2,075.08 acre |
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tract of land and the Northeasterly right-of-way line of said |
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County Road 511; |
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THENCE North 27° 03' 00" West with said common line, 95.35 |
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feet to the POINT OF BEGINNING; containing 295.76 acres of land, |
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more or less. |
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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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8427, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8427.106 to read as follows: |
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Sec. 8427.106. 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. |