|
|
|
|
AN ACT
|
|
relating to the creation of the Williamson County Municipal Utility |
|
District No. 32; granting a limited power of eminent domain; |
|
providing authority to issue bonds; providing authority to impose |
|
assessments, fees, and taxes. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle F, Title 6, Special District Local Laws |
|
Code, is amended by adding Chapter 7935 to read as follows: |
|
CHAPTER 7935. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 32 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7935.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Williamson County Municipal |
|
Utility District No. 32. |
|
Sec. 7935.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 7935.003. CONFIRMATION AND DIRECTORS' ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five permanent |
|
directors as provided by Section 49.102, Water Code. |
|
Sec. 7935.004. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section 7935.003 |
|
until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district. |
|
Sec. 7935.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
|
The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 7935.006. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2 of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 2 of |
|
the Act enacting this chapter form a closure. A mistake made in the |
|
field notes or in copying the field notes in the legislative process |
|
does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7935.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 7935.052, directors serve |
|
staggered four-year terms. |
|
Sec. 7935.052. TEMPORARY DIRECTORS. (a) On or after the |
|
effective date of the Act enacting this chapter, the owner or owners |
|
of a majority of the assessed value of the real property in the |
|
district may submit a petition to the commission requesting that |
|
the commission appoint as temporary directors the five persons |
|
named in the petition. The commission shall appoint as temporary |
|
directors the five persons named in the petition. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7935.003; or |
|
(2) the fourth anniversary of the effective date of |
|
the Act enacting this chapter. |
|
(c) If permanent directors have not been elected under |
|
Section 7935.003 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (d) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7935.003; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7935.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 7935.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 7935.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
|
52, Article III, Texas Constitution, the district may design, |
|
acquire, construct, finance, issue bonds for, improve, operate, |
|
maintain, and convey to this state, a county, or a municipality for |
|
operation and maintenance macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 7935.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
|
project must meet all applicable construction standards, zoning and |
|
subdivision requirements, and regulations of each municipality in |
|
whose corporate limits or extraterritorial jurisdiction the road |
|
project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
(d) The district shall convey the public roads constructed |
|
by or on behalf of the district under Section 7935.103 to Williamson |
|
County for ownership, operation, and maintenance by the county. |
|
After the 12th anniversary of the date the county accepts |
|
conveyance of the roads, the district shall maintain the public |
|
roads located in the district, except that the county shall |
|
maintain the east-west arterial roadway located in the district |
|
north of the San Gabriel River and south of State Highway 29. The |
|
district's obligation to maintain the public roads located in the |
|
district ceases if all of the territory of the district is annexed |
|
by a municipality. |
|
Sec. 7935.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
|
OR RESOLUTION. The district shall comply with all applicable |
|
requirements of any ordinance or resolution that is adopted under |
|
Section 54.016 or 54.0165, Water Code, and that consents to the |
|
creation of the district or to the inclusion of land in the |
|
district. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7935.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
|
district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section 7935.153. |
|
(b) The district must hold an election in the manner |
|
provided by Chapters 49 and 54, Water Code, to obtain voter approval |
|
before the district may impose an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(c) The district may not issue bonds payable from ad valorem |
|
taxes to finance a road project unless the issuance is approved by a |
|
vote of a two-thirds majority of the district voters voting at an |
|
election held for that purpose. |
|
Sec. 7935.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 7935.151, the district |
|
may impose an operation and maintenance tax on taxable property in |
|
the district in accordance with Section 49.107, Water Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 7935.153. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 7935.201. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
|
Sec. 7935.202. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 7935.203. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
|
SECTION 2. The Williamson County Municipal Utility District |
|
No. 32 initially includes all the territory contained in the |
|
following area: |
|
BEING 224.01 ACRES OF LAND OUT OF THE WILLIAM H. MONROE |
|
SURVEY, ABSTRACT NUMBER 453, AND THE HENRY GARMES SURVEY, ABSTRACT |
|
NO. 269, BOTH IN WILLIAMSON COUNTY, TEXAS, AND BEING COMPRISED OF |
|
TWO TRACTS: TRACT 1 BEING AN 85.28 ACRE REMAINDER OF AN 86.67 ACRE |
|
TRACT, AND TRACT TWO BEING A PORTION OF A 217.19 ACRE TRACT, BOTH |
|
CONVEYED TO LANCE ERIC CAUGHFIELD, TRUSTEE OF THE CAUGHFIELD FAMILY |
|
TRUST BY CORRECTION GENERAL WARRANTY DEED OF RECORD IN DOC. NO. |
|
2013046424 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, |
|
TEXAS, THEREIN DESIGNATED AS "TRACT 4' AND "TRACT 6" RESPECTIVELY, |
|
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS |
|
FOLLOWS: |
|
BEGINNING at a 1/2" rebar set with plastic cap which reads |
|
"Baseline Inc" for the northwest corner of said 85.28 acre |
|
remainder of an 86.67 acre tract and being in the easterly |
|
right-of-way line of County Road 266 (R.O.W. varies) |
|
[Point of Beginning Coordinates: Northing=10,202,682.54; |
|
Easting=3,075,533.94]; |
|
THENCE along the northerly line of the 85.28 acre remainder |
|
of the 86.67 acre tract and the southerly line of the 1.43 acre |
|
tract, the following five (5) courses: |
|
1. North 69°24'31" East a distance of 1604.24 feet (record - |
|
North 69°21'48" East a distance of 1605.58 feet) to a 1/2" rebar set |
|
with plastic cap which reads "Baseline Inc"; |
|
2. South 11°19'39" East a distance of 269.65 feet (record - |
|
South 11°21'47" East a distance of 269.60 feet) to a 1/2" rebar set |
|
with plastic cap which reads "Baseline Inc"; |
|
3. North 69°24'00" East a distance of 350.61 feet (record - |
|
North 69°21'48" East a distance of 350.66 feet) to a 1/2" rebar set |
|
with plastic cap which reads "Baseline Inc"; |
|
4. North 11°18'00" West a distance of 284.73 feet (record - |
|
North 11°21'47" West a distance of 284.80 feet) to a 1/2" rebar set |
|
with plastic cap which reads "Baseline Inc"; |
|
5. South 69°22'01" West a distance of 25.34 feet (record - |
|
South 69°21'26" West a distance of 25.33 feet) to a 1/2" rebar set |
|
with plastic cap which reads "Baseline Inc" in the east line of the |
|
3.16 acre tract; |
|
THENCE North 11°18'00" West (record - North 11°18'54" West), |
|
along the northerly line of the remainder of a 85.28 acre remainder |
|
of an 86.67 acre tract the east line of the 3.16 acre tract, a |
|
distance of 40.54 feet to a 1/2" rebar found for the northeast |
|
corner of the 3.16 acre tract and being in the south line of a |
|
179.402 acre tract of land conveyed to IMH Special Asset NT, 192, |
|
LLC by instrument of record in Doc. No. 2008051394 of the Official |
|
Public Records of Williamson County, Texas; |
|
Thence North 69°22'01" East (record - North 69°22'23" East), |
|
along the north line of the 85.28 acre remainder of an remainder of |
|
a 86.67 acre tract and the south line of said 179.402 acre tract, a |
|
distance of 1005.09 feet (record - 1005.27 feet) to a 1/2" rebar |
|
found for the northeast corner of the 85.28 acre remainder of an |
|
86.67 acre tract and being in the west line of a 136.97 acre tract of |
|
land conveyed to Bonnett Enterprises, Ltd by instrument of record |
|
in Doc. No. 2008035426 of the Official Public Records of Williamson |
|
County, Texas, from which a 1/2" rebar found for the northwest |
|
corner of said 136.97 acre tract and being an angle point in the |
|
south line of the 179.402 acre tract, bears North 19°30'07" West |
|
feet (record - North 21°20'35" West) a distance of 13.42 feet; |
|
THENCE South 21°21'47" East (record - South 21°20'35" East), |
|
along the easterly line of the 85.28 acre remainder of an 86.67 acre |
|
tract and the west line of the 136.97 acre tract, a distance of |
|
748.32 feet (record - 748.32 feet) to a 1/2" rebar set with plastic |
|
cap which reads "Baseline Inc"; |
|
THENCE South 21°27'41" East (record - South 21°28'13" East), |
|
along the easterly line of the 85.28 acre remainder of an 86.67 acre |
|
tract, the easterly line of the 217.19 acre tract, and the west line |
|
of the 136.97 acre tract, a distance of 639.93 feet (record - 639.95 |
|
feet) to a 1/2" rebar found; |
|
THENCE along the easterly line of the 217.19 acre tract and |
|
the west line of the 136.97 acre tract, the following two (2) |
|
courses: |
|
1. South 21°41'13" East a distance of 690.87 feet (record - |
|
South 21°41'53" East a distance of 690.92 feet) to a 1/2" rebar set |
|
with plastic cap which reads "Baseline Inc"; |
|
2. South 21°42'40" East a distance of 244.94 feet (record - |
|
South 21°44'40" East a distance of 245.32 feet) to a 1/2" rebar found |
|
for the southwest corner of the 136.97 acre tract and the northwest |
|
corner of a remainder of a 5.00 acre tract of land conveyed to |
|
Timothy L. Gibson and Bridget Ann Gibson by deed of record in Volume |
|
2508, Page 6 of the Deed Records of Williamson County, Texas; |
|
THENCE South 21°06'46" East (record - South 21°03'11" East), |
|
along the easterly line of the 217.19 acre tract, the west line of |
|
said remainder of 5.00 acre tract, and along the west line of a |
|
3.066 acre tract of land conveyed to Mark Alexander, Bridget |
|
Gibson, and Cheryl Cervenka by instrument of record in Doc. |
|
No. 2013017775 of the Official Public Records of Williamson County, |
|
a distance of 428.37 feet (record - 428.94 feet) to a 1/2" rebar |
|
found for the southwest corner of said 3.066 acre tract and the |
|
northwest corner of a 5.00 tract of land conveyed to Mark Alexander |
|
and Joann Alexander by instrument of record in Doc. No. 199802644 |
|
of the Official Records of Williamson County; |
|
THENCE South 21°33'31" East (record - South 21°34'03" East), |
|
along the easterly line of the 217.19 acre tract and the west line |
|
of said of 5.00 acre tract , a distance of 599.88 feet (record - |
|
599.79 feet) to a 1/2" rebar found for the southwest corner of said |
|
5.00 acre tract and being an angle point in the westerly line of a |
|
76.97 tract of land conveyed to Alice Catherine Alexander by deed of |
|
record in Volume 611, Page 699 of the Deed Records of Williamson |
|
County, Texas, |
|
THENCE along the easterly line of the 217.19 acre tract and |
|
the westerly line of said 76.97 acre tract, the following two (2) |
|
courses: |
|
1. South 21°54'00" East a distance of 269.26 feet (record - |
|
South 21°53'51" East a distance of 269.06 feet) to a 1/2" rebar |
|
found; |
|
2. South 22°09'33" East a distance of 62.24 feet (record - |
|
South 21°54'42" East a distance of 62.48 feet) to a 1/2" rebar found |
|
for the northwest corner of a 5.00 acre tract of land conveyed to |
|
Victor E. Landig, Jr. and Cathy Jayne Landig by instrument of record |
|
in Doc. No. 2006029147 of the Official Public. Records of |
|
Williamson County; |
|
THENCE South 22°03'28" East (record - South 22°03'22" East), |
|
along the easterly line of the 217.19 acre tract and the west line |
|
of said 5.00 acre tract, a distance of 560.54 feet (record - 560.34 |
|
feet) to a 1/2" rebar found for the southwest corner of the 5.00 |
|
acre tract; |
|
THENCE crossing through the 217.19 acre tract the following |
|
two (2) courses: |
|
1. South 68°51'37" West a distance of 844.71 feet to a |
|
calculated point; |
|
2. South 67°04'21" West a distance of 357.92 feet to a |
|
calculated point in the west line of the 217.19 acre tract and the |
|
easterly right-of-way line of said County Road 266; |
|
THENCE along the westerly line of the 217.19 acre tract and |
|
the easterly right-of-way line of County Road 266, the following |
|
twenty six (26) courses: |
|
1. North 29°55'12" West (record - North 29°51'30" West) a |
|
distance of 20.03 feet to a 1/2" rebar found; |
|
2. North 38°45'21" West a distance of 234.78 feet (record - |
|
North 38°45'24" West a distance of 234.82 feet) to a 1/2" rebar |
|
found; |
|
3. North 36°40'10" West a distance of 136.61 feet (record - |
|
North 36°39'51" West a distance of 136.69 feet) to a 1/2" rebar |
|
found; |
|
4. North 37°05'41" West a distance of 94.55 feet (record - |
|
North 37°05'30" West a distance of 94.46 feet) to a 1/2" rebar found; |
|
5. North 36°08'55" West a distance of 82.59 feet (record - |
|
North 36°10'02" West a distance of 82.65 feet) to a 1/2" rebar found; |
|
6. North 53°44'13" West a distance of 101.89 feet (record - |
|
North 53°43'49" West a distance of 101.84 feet) to a 1/2" rebar |
|
found; |
|
7. North 54°16'13" West a distance of 57.61 feet (record - |
|
North 54°18'48" West a distance of 57.52 feet) to a 1/2" rebar found; |
|
8. North 58°49'06" West a distance of 139.71 feet (record - |
|
North 58°49'51" West a distance of 139.71 feet) to a 1/2" rebar |
|
found; |
|
9. North 59°02'12" West a distance of 88.23 feet (record - |
|
North 59°00'12" West a distance of 88.22 feet) to a 1/2" rebar found; |
|
10. North 58°37'10" West a distance of 215.17 feet (record - |
|
North 58°37'31" West a distance of 215.26 feet) to a 1/2" rebar |
|
found; |
|
11. North 58°09'02" West a distance of 178.14 feet (record - |
|
North 58°09'15" West a distance of 178.13 feet) to a 1/2" rebar |
|
found; |
|
12. North 60°08'02" West a distance of 116.38 feet (record - |
|
North 60°08'24" West a distance of 116.32 feet) to a 60d nail found; |
|
13. North 57°27'15" West a distance of 160.15 feet (record - |
|
North 57°26'31" West a distance of 160.19 feet) to a 1/2" rebar |
|
found; |
|
14. North 57°20'46" West a distance of 51.68 feet (record - |
|
North 57°22'06" West a distance of 51.66 feet) to a 60d nail found; |
|
15. North 54°51'18" West a distance of 71.89 feet (record - |
|
North 54°46'53" West a distance of 71.95 feet) to a 1/2" rebar found; |
|
16. North 60°47'05" West a distance of 115.69 feet (record - |
|
North 60°47'07" West a distance of 115.55 feet) to a 1/2" rebar |
|
found; |
|
17. North 60°15'04" West a distance of 55.78 feet (record - |
|
North 60°37'16" West a distance of 55.96 feet) to a 60d nail found; |
|
18. North 71°12'58" West a distance of 218.95 feet (record - |
|
North 71°09'12" West a distance of 218.79 feet) to a 1/2" rebar |
|
found; |
|
19. North 63°36'05" West a distance of 22.35 feet (record - |
|
North 63°40'21" West a distance of 22.25 feet) to a 60d nail found; |
|
20. North 62°46'02" West a distance of 79.62 feet (record - |
|
North 63°40'21" West a distance of 22.25 feet) to a 60d nail found; |
|
21. North 61°47'42" West a distance of 242.11 feet (record - |
|
North 61°45'24" West a distance of 242.01 feet) to a 60d nail found; |
|
22. North 58°44'40" West a distance of 240.81 feet (record - |
|
North 58°46'48" West a distance of 240.82 feet) to a 60d nail found |
|
in a fence post; |
|
23. North 49°47'23" West a distance of 101.30 feet (record - |
|
North 49°47'33" West a distance of 101.21 feet) to a 60d nail found |
|
in a fence post; |
|
24. North 45°39'04" West a distance of 174.54 feet (record - |
|
North 45°37'29" West a distance of 174.58 feet) to a 1/2" rebar |
|
found; |
|
25. North 36°52'51" West a distance of 53.64 feet (record - |
|
North 36°54'30" West a distance of 53.63 feet) to a 60d nail found; |
|
26. North 29°06'17" West a distance of 437.83 feet (record - |
|
North 29°06'04" West a distance of 437.95 feet) to a 1/2" rebar found |
|
for the northwest corner of the 217.19 acre tract and the southwest |
|
corner of the remainder of a 86.67 acre tract; |
|
THENCE along the westerly line of the remainder of a 86.67 |
|
acre tract and the easterly right-of-way line of County Road 266, |
|
the following five (5) courses: |
|
1. North 27°50'09" West a distance of 386.84 feet (record - |
|
North 27°50'48" West a distance of 386.63 feet) to a 1/2" rebar |
|
found; |
|
2. North 26°13'46" West a distance of 581.24 feet (record - |
|
North 26°12'47" West a distance of 581.36 feet) to a 1/2" rebar |
|
found; |
|
3. North 17°57'38" West a distance of 192.26 feet (record - |
|
North 17°59'19" West a distance of 192.21 feet) to a 1/2" rebar |
|
found; |
|
4. North 13°15'16" West a distance of 67.93 feet (record - |
|
North 13°20'48" West a distance of 68.02 feet) to a steel fence post; |
|
5. North 12°46'29" West (record - North 12°42'39" West) a |
|
distance of 55.69 feet to the POINT OF BEGINNING. |
|
This tract contains 224.01 acres of land, more or less, out of |
|
the William H. Monroe Survey, Abstract Number 453, and the Henry |
|
Garmes Survey, Abstract no. 269, both in Williamson County, Texas. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
7935, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 7935.106 to read as follows: |
|
Sec. 7935.106. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2015. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4179 was passed by the House on May |
|
19, 2015, by the following vote: Yeas 146, Nays 0, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 4179 was passed by the Senate on May |
|
27, 2015, by the following vote: Yeas 30, Nays 1. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |