BILL ANALYSIS
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AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The comptroller of public accounts of the State of Texas collects information from entities authorized to exercise the power of eminent domain in order to compile a list of those entities and the legal authority granting eminent domain power to each entity. The goal of H.B. 4175 is to ensure that the comptroller has accurate information regarding certain conservation and reclamation districts that are authorized to exercise the power of eminent domain.
H.B. 4175 amends current law relating to eminent domain powers of certain conservation and reclamation districts.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. CERTAIN MUNICIPAL UTILITY DISTRICTS. Amends Subtitle F, Title 6, Special District Local Laws Code, by adding Chapters 7937, 7939, 7940, 7941, 7942, 7943, 7944, 7946, 7947, 7948, and 7949, as follows:
CHAPTER 7937. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 OF HARRIS COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7937.001. DEFINITION. Defines "district."
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7937.051. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller of public accounts of the State of Texas (comptroller) not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b) (relating to an entity authorized by the state by a general or special law to exercise the power of eminent domain shall submit a letter to the comptroller stating that the entity is authorized to exercise eminent domain), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c) (relating to the provision that the authority of an entity to exercise the power of eminent domain expires December 31, 2012, unless otherwise petitioned), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
CHAPTER 7939. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 61
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7939.001. DEFINITION. Defines "district."
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7939.051. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
CHAPTER 7940. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 150
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7940.001. DEFINITION. Defines "district."
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7940.051. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
CHAPTER 7941. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 211 OF HARRIS COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7941.001. DEFINITION. Defines "district."
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7941.051. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
CHAPTER 7942. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 483
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7942.001. DEFINITION. Defines "district."
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7942.051. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
CHAPTER 7943. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 484
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7943.001. DEFINITION. Defines "district."
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7943.051. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
CHAPTER 7944. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 485
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7944.001. DEFINITION. Defines "district."
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7944.051. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
CHAPTER 7946. LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7946.001. DEFINITION. Defines "district."
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7946.051. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
CHAPTER 7947. LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7947.001. DEFINITION. Defines "district."
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7947.051. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
CHAPTER 7948. POST WOOD MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7948.001. DEFINITION. Defines "district."
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7948.051. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
CHAPTER 7949. WEST PARK MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7949.001. DEFINITION. Defines "district."
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7949.051. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 2. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 8. Amends Subchapter C, Chapter 8112, Special District Local Laws Code, by adding Section 8112.103, as follows:
Sec. 8112.103. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 3. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 9. Amends Subchapter C, Chapter 8113, Special District Local Laws Code, by adding Section 8113.103, as follows:
Sec. 8113.103. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 4. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 10. Amends Subchapter C, Chapter 8114, Special District Local Laws Code, by adding Section 8114.103, as follows:
Sec. 8114.103. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 5. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 11. Amends Subchapter C, Chapter 8115, Special District Local Laws Code, by adding Section 8115.103, as follows:
Sec. 8115.103. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 6. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 12. Amends Subchapter C, Chapter 8116, Special District Local Laws Code, by adding Section 8116.103, as follows:
Sec. 8116.103. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 7. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 13. Amends Subchapter C, Chapter 8117, Special District Local Laws Code, by adding Section 8117.103, as follows:
Sec. 8117.103. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 8. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 14. Amends Subchapter C, Chapter 8118, Special District Local Laws Code, by adding Section 8118.103, as follows:
Sec. 8118.103. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 9. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 100. Amends Section 8119.103, Special District Local Laws Code, as follows:
Sec. 8119.103. LIMITATION ON USE OF EMINENT DOMAIN. (a) Creates this subsection from existing text. Prohibits the district from exercising the power of eminent domain outside the district boundaries to acquire a site for a water treatment plant, water storage facility, wastewater treatment plant, or wastewater disposal facility.
(b) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(c) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 10. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 101. Amends Section 8120.103, Special District Local Laws Code, as follows:
Sec. 8120.103. LIMITATION ON USE OF EMINENT DOMAIN. (a) Creates this subsection from existing text. Prohibits the district from exercising the power of eminent domain outside the district boundaries to acquire a site for a water treatment plant, water storage facility, wastewater treatment plant, or wastewater disposal facility.
(b) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(c) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 11. ENCANTO REAL UTILITY DISTRICT. Amends Subchapter C, Chapter 8161, Special District Local Laws Code, by adding Section 8161.102, as follows:
Sec. 8161.102. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 12. LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 5. Amends Subchapter C, Chapter 8185, Special District Local Laws Code, by adding Section 8185.104, as follows:
Sec. 8185.104. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 13. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 3. Amends Subchapter C, Chapter 8186, Special District Local Laws Code, by adding Section 8186.103, as follows:
Sec. 8186.103. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 14. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 233 OF HARRIS COUNTY, TEXAS. Amends Subchapter C, Chapter 8192, Special District Local Laws Code, by adding Section 8192.103, as follows:
Sec. 8192.103. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 15. CNP UTILITY DISTRICT. Amends Section 8270.153, Special District Local Laws Code, as follows:
Sec. 8270.153. EMINENT DOMAIN. (a) Creates this subsection from existing text. Authorizes the district to exercise the power of eminent domain only in a county in which the district is located, and when necessary to carry out the purposes for which the district was created.
(b) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(c) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 16. HARRIS COUNTY UTILITY DISTRICT NO. 16. Amends Subchapter C, Chapter 8277, Special District Local Laws Code, by adding Section 8277.102, as follows:
Sec. 8277.102. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 17. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 4. Amends Subchapter C, Chapter 8308, Special District Local Laws Code, by adding Section 8308.104, as follows:
Sec. 8308.104. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 18. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 119. Amends Subtitle I, Title 6, Special District Local Laws Code, by adding Chapter 9066, as follows:
CHAPTER 9066. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 119
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9066.001. DEFINITION. Defines "district."
SUBCHAPTER B. POWERS AND DUTIES
Sec. 9066.051. EMINENT DOMAIN. (a) Authorizes the district to exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section.
(b) Authorizes the district, notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code, to exercise the power of eminent domain as provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
SECTION 19. EFFECTIVE DATE. Effective date: September 1, 2015, contingent upon a two-thirds vote of all the members elected to each house of Section 17(c) (relating to the legislature granting the power of eminent domain to an entity upon a two-thirds vote of all elected members of each house), Article I, Texas Constitution.