84R13261 TSR-F
 
  By: Isaac H.B. No. 4183
 
 
 
A BILL TO BE ENTITLED
 
  relating to the creation of the Hays County Municipal Utility
  District No. 7; 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 7916 to read as follows:
  CHAPTER 7916.  Hays COUNTY MUNICIPAL UTILITY DISTRICT NO. 7
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 7916.001.  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 Hays County Municipal Utility
  District No. 7.
         Sec. 7916.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7916.003.  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. 7916.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 7916.003
  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. 7916.005.  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. 7916.006.  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. 7916.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 7916.052, directors serve
  staggered four-year terms.
         Sec. 7916.052.  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 7916.003; 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 7916.003 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 7916.003; 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. 7916.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7916.102.  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. 7916.103.  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. 7916.104.  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.
         Sec. 7916.105.  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. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
         Sec. 7916.151.  DIVISION OF DISTRICT; PREREQUISITES. The
  district may be divided into two or more new districts only if the
  district:
               (1)  has never issued any bonds; and
               (2)  is not imposing ad valorem taxes.
         Sec. 7916.152.  LAW APPLICABLE TO NEW DISTRICT. This
  chapter applies to any new district created by division of the
  district, and a new district has all the powers and duties of the
  district.
         Sec. 7916.153.  LIMITATION ON AREA OF NEW DISTRICT. A new
  district created by the division of the district may not, at the
  time the new district is created, contain any land outside the area
  described by Section 2 of the Act enacting this chapter.
         Sec. 7916.154.  DIVISION PROCEDURES. (a) The board, on its
  own motion or on receipt of a petition signed by the owner or owners
  of a majority of the assessed value of the real property in the
  district, may adopt an order dividing the district.
         (b)  The board may adopt an order dividing the district
  before or after the date the board holds an election under Section
  7916.003 to confirm the district's creation.
         (c)  An order dividing the district must:
               (1)  name each new district;
               (2)  include the metes and bounds description of the
  territory of each new district;
               (3)  appoint temporary directors for each new district;
  and
               (4)  provide for the division of assets and liabilities
  between the new districts.
         (d)  On or before the 30th day after the date of adoption of
  an order dividing the district, the district shall file the order
  with the commission and record the order in the real property
  records of each county in which the district is located.
         Sec. 7916.155.  CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
  A new district created by the division of the district shall hold a
  confirmation and directors' election as required by Section
  7916.003.
         (b)  If the creation of the new district is confirmed, the
  new district shall provide the election date and results to the
  commission.
         Sec. 7916.156.  TAX OR BOND ELECTION.  Before a new district
  created by the division of the district may impose a maintenance tax
  or issue bonds payable wholly or partly from ad valorem taxes, the
  new district must hold an election as required by this chapter to
  obtain voter approval.
         Sec. 7916.157.  MUNICIPAL CONSENT.  Municipal consent to the
  creation of the district and to the inclusion of land in the
  district granted under Section 7916.004 acts as municipal consent
  to the creation of any new district created by the division of the
  district and to the inclusion of land in the new district.
  SUBCHAPTER E.  GENERAL FINANCIAL PROVISIONS
         Sec. 7916.201.  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 7916.203.
         (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. 7916.202.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 7916.201, 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. 7916.203.  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 F.  BONDS AND OTHER OBLIGATIONS
         Sec. 7916.251.  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. 7916.252.  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. 7916.253.  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 Hays County Municipal Utility District No. 7
  initially includes all the territory contained in the following
  area:
         DESCRIPTION OF NINE (9) PARCELS OF LAND (1) CALLED TO BE
  1051.23 ACRES OF LAND OUT OF THE ANTHONY G. DAVY SURVEY NO. 38,
  A-148, THE MARCUS D. RAPER SURVEY NO. 37, A-394, AND THE EDWARD W.
  BROWN SURVEY NO. 136, A-44, DESCRIBED IN A DEED TO ANARENE
  INVESTMENTS, LTD., OF RECORD IN VOLUME 2639, PAGE 410, OF THE
  OFFICIAL PUBLIC RECORDS OF HAYS COUNTY TEXAS, (2) CALLED TO BE 206.2
  ACRES OF LAND OUT OF THE EDWARD W. BROWN SURVEY NO. 136, A-44, AND
  THE PHILIP A. SMITH SURVEY NO. 26, A-415, DESCRIBED IN A DEED TO
  ANARENE INVESTMENTS, LTD., OF RECORD IN VOLUME 2639, PAGE 403, OF
  THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, (3) CALLED TO BE
  139.16 ACRES OUT OF THE ANTHONY G. DAVY SURVEY NO. 38, A-148,
  DESCRIBED AS TRACT 1, (4) CALLED TO BE 11.02 ACRES OUT OF THE
  ANTHONY G. DAVY SURVEY NO. 39, A-148, DESCRIBED AS TRACT 2, (5)
  CALLED TO BE 11.00 ACRES OUT OF THE ANTHONY G. DAVY SURVEY NO. 38,
  A-148, DESCRIBED AS TRACT 3, (6) CALLED TO BE 11.05 ACRES OUT OF THE
  ANTHONY G. DAVY SURVEY NO. 38, A-148, DESCRIBED AS TRACT 4, (7)
  CALLED TO BE 226.11 ACRES OUT OF THE EDWARD W. BROWN SURVEY NO. 136,
  A-44, DESCRIBED AS TRACT 5, SAVE AND EXCEPT 25.7398 ACRES DESCRIBED
  IN A DEED TO THE CITY OF DRIPPING SPRINGS, OF RECORD IN VOLUME 4467,
  PAGE 508, OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, (8)
  CALLED TO BE 17.80 ACRES OUT OF THE GEORGE W. LINDSEY SURVEY NO.
  138, A-280, AND THE EDWARD W. BROWN SURVEY NO. 136, A-44, (3-8) ALL
  DESCRIBED IN A DEED TO ANARENE INVESTMENTS, LTD., OF RECORD IN
  VOLUME 2639, PAGE 420, OF THE OFFICIAL PUBLIC RECORDS OF HAYS
  COUNTY, TEXAS, AND (9) CALLED TO BE 29.78 ACRES, DESCRIBED IN A DEED
  TO ANALENE INVESTMENTS, LTD, OF RECORD IN VOLUME 2639, PAGE 400, OF
  THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS. THE FOLLOWING
  DESCRIPTION IS A COMPILATION OF INFORMATION FROM THE ABOVE
  MENTIONED DEEDS OF RECORD AND IN NO WAY REPRESENTS A SURVEY ON THE
  GROUND.
         BEGINNING in the easterly right-of-way of Ranch Road 12, at
  the northwest corner of said 1051.23 acre tract;
         THENCE, with the northerly and easterly lines of said 1051.23
  acre tract the following nineteen (19) courses:
         1)  N 84° 54' 13" E, 41.10 feet;
         2)  S 54° 58' 12" E, 349.54 feet;
         3)  S 46° 30' 30" E, 373.94 feet;
         4)  S 75° 31' 52" E, 280.39 feet;
         5)  S 87° 28' 36" E, 509.18 feet;
         6)  N 70° 52' 58" E, 436.06 feet;
         7)  N 74° 15' 19" E, 335.56 feet;
         8)  S 60° 04' 22" E, 195.80 feet;
         9)  S 28° 26' 22" E, 244.50 feet;
         10)  S 01° 37' 38" W, 503.50 feet;
         11)  S 16° 09' 38" W, 587.50 feet;
         12)  S 34° 41' 38" W, 697.70 feet;
         13)  S 09° 57' 38" W, 414.80 feet;
         14)  S 20° 16' 22" E, 327.40 feet;
         15)  S 37° 29' 22" E, 126.60 feet;
         16)  S 54° 33' 38" W, 280.20 feet;
         17)  S 62° 30' 22" E, 466.67 feet;
         18)  S 58° 21' 22" E, 511.36 feet;
         19)  S 27° 42' 18" W, 4426.48 feet to the most northerly
  corner of said 29.78 acre tract;
         THENCE, with the easterly line of said 29.78 acre tract, the
  following two (2) courses:
         1)  S 29° 36' 26" E, 931/41 feet;
         2)  S 60° 36' 50" W 1551.06 feet to the northeast corner of
  said 206.2 acre tract;
         THENCE, with the east line of said 206.2 acre tract the
  following fifteen (15) courses:
         1)  S 24° 30' 16" E, 46.65 feet;
         2)  S 15° 29' 56" E, 280.55 feet;
         3)  S 15° 36' 02" E, 182.44 feet;
         4)  S 06° 30' 37" W, 104.00 feet;
         5)  S 02° 19' 28" E, 55.08 feet;
         6)  S 14° 50' 58" W, 71.24 feet;
         7)  S 07° 20' 07" W, 154.45 feet;
         8)  S 07° 07' 05" W, 263.18 feet;
         9)  S 17° 20' 44" W, 196.99 feet;
         10)  S 01° 55' 39" W 330.60 feet;
         11)  S 01° 28' 16" W, 273.89 feet;
         12)  S 04° 26' 22" E, 42.77 feet;
         13)  S 00° 29' 14" E 238.72 feet;
         14)  S 00° 26' 31" W, 353.54 feet;
         15)  S 01° 05' 28" W, 706.28 feet to the southeast corner of
  said 206.2 acre tract;
         THENCE, with the south line of said 206.28 acre tract, the
  following three (3) courses:
         1)  N 87° 23' W, 482.22 feet;
         2)  N 84° 43' W, 425.43 feet;
         3)  N 84° 47' W, 587.97 feet to the southwest corner of said
  206.2 acre tract;
         THENCE, with the westerly line of said 206.2 acre tract, the
  following four (4) courses:
         1)  N 35° 19' 20" W, 1263.76 feet;
         2)  N 41° 23' 11" W, 1696.56 feet;
         3)  N 41° 43' 03" W, 764.40 feet;
         4)  N 41° 16' 40" W, 437.00 feet to a point in the south line
  of said 1051.23 acre tract at the northwest corner of said 206.2
  acre tract;
         THENCE, S 88° 07' 17"W, approximately 443.3 feet (calculated)
  to the most southerly southwest corner of said 1051.23 acre tract;
         THENCE, with a westerly line of said 1051.23 acre tract, the
  following nine (9) courses:
         1)  N 03° 04' 29" W, 631.00 feet;
         2)  N 74° 12' 57" E, 295.30 feet;
         3)  N 64° 28' 29" E, 427.51 feet;
         4)  N 02° 32' 52" E 669.83 feet;
         5)  N 86 13' 48" W, 349.56 feet;
         6)  N 03° 46' 12" E, 50.00 feet;
         7)  N 86° 13' 48" W, 120.00 feet;
         8)  N 03° 46' 12" E, 40.00 feet;
         9)  N 86° 13' 48" W, 418.83 feet to a point in the west
  right-of-way line of said Ranch Road 12, at the most westerly
  southwest corner of said 1051.23 acre tract;
         THENCE, S 26° 09' 19" W, across said Ranch Road 12, 456.1 feet
  (calculated), to the southeast corner of said 226.11 acre tract;
         THENCE, N 27° 34' W, with the south line of said 226.11 acre
  tract, 325.2 feet (calculated) to the southeast corner of said
  25.7398 acre tract out of said 226.11 acre tract;
         THENCE, N 14° 36' 32" E, with the easterly line of said 25.7398
  acre tract, 1469.96 feet;
         THENCE, N 49° 13' 13" W, with the northerly line of said
  25.7398 acre tract, 598.82 feet;
         THENCE, S 45° 59' 39" W, with the westerly line of said 25.7398
  acre tract, 1153.28 feet to a point in the south line of said 226.11
  acre tract, at the southwest corner of said 25.7398 acre tract;
         THENCE, N 46° 16' W, with the southerly line of said 226.11
  acre tract, 4567.50 feet to the southwest corner of said 226.11 acre
  tract;
         THENCE, with the west line of said 226.11 acre tract, the
  following five (5) courses:
         1)  N 00° 25' W, 453.14 feet;
         2)  N 00° 31' W 460.69 feet;
         3)  N 00° 13' W, 335.96 feet;
         4)  N 00° 10' W, 332.87 feet;
         5)  N 00° 02' E, 70.40 feet to the northwest corner of said
  226.11 acre tract;
         THENCE, S 60° 00' E, with the northerly line of said 226.11
  acre tract, 4804.0 feet (calculated) to the southwest corner of
  said 17.80 acre tract;
         THENCE, with the westerly line of said 17.80 acre tract, the
  following three (3) courses:
         1)  N 29° 48' E, 406.76 feet;
         2)  N 62° 27' W, 425.33 feet;
         3)  N 29° 48' E, 385.15 feet passing the southerly
  right-of-way line of a 50 foot roadway easement, and continuing for
  a total distance of 410.34 feet to a point in the centerline of said
  roadway easement at the northwest corner of said 17.80 acre tract;
         THENCE, with the centerline of said right-of-way easement,
  the following five (5) courses:
         1)  S 67° 33' E, 21.40 feet;
         2)  A curve to the left having an arc distance of 192.52 feet,
  the chord of which bears S 86° 40' E, 188.97 feet;
         3)  N 74° 13' E, 544.89 feet;
         4)  A curve to the right having an arc distance of 192.03
  feet, the chord of which bears S 86° 04' E, 188.26 feet;
         5)  S 66° 20' E, 109.07 feet to a point in the westerly
  right-of-way line of said Ranch Road 12, at the northeast corner of
  said 17.80 acre tract;
         THENCE, with the westerly right-of-way line of said Ranch
  Road 12, a curve to the right having a radius of 1959.86 feet, an arc
  distance of 511.4 feet, and a chord which bears N 36° 06' 22" E,
  510.0 feet (calculated) to the most southerly corner of said 11.05
  acre tract;
         THENCE, with the westerly line of said 11.05 acre tract, said
  11.00 acre tract, and said 11.02 acre tract, the following four (4)
  courses:
         1)  N 04° 48' W, 327.50 feet;
         2)  N 41° 55' E, 114.00 feet;
         3)  S 75° 06' E, 117.50 feet;
         4)  N 09° 37' W, at 852.55 feet passing the northwesterly
  corner of said 11.05 acre tract, same being the southwesterly
  corner of said 11.00 acre tract, at 1402.67 feet, passing the
  northwesterly corner of said 11.00 acre tract, same being the
  southwesterly corner of said 11.02 acre tract, and continuing for a
  total distance of 1833.86 feet to the northwesterly corner of said
  11.02 acre tract;
         THENCE, S 58° 44' E, with the northerly line of said 11.02 acre
  tract, 1614.18 feet to a point in the westerly right-of-way line of
  said Ranch Road 12, at the northeasterly corner of said 11.02 acre
  tract;
         THENCE, N 29° 01' 42" E, with the westerly right-of-way line
  of said Ranch Road 12, 1614.9 feet (calculated) to the most easterly
  southeast corner of said 139.16 acre tract;
         THENCE, N 58° 44' W, with the easterly south line of said
  139.16 acre tract, 600.00 feet to an ell corner of said 139.16 acre
  tract;
         THENCE, with an easterly line of said 139.16 acre tract, the
  following four (4) courses:
         1)  S 31° 16' W, 446.38 feet;
         2)  S 39° 56' W, 156.68 feet;
         3)  S 08° 04' E, 37.25 feet;
         4)  S 31° 16' W, 469.92 feet to the most southerly southeast
  corner of said 139.16 acre tract;
         THENCE, N 58° 44' W, with the westerly south line of said
  139.16 acre tract, 1466.48 feet to the most southerly southwest
  corner of said 139.16 acre tract;
         THENCE, with the westerly line of said 139.16 acre tract, the
  following four (4) courses:
         1)  N 09° 36' W, 910.69 feet;
         2)  N 29° 46' E, 541.97 feet;
         3)  N 29° 51' E, 867.20 feet;
         4)  N 29° 58' E, 537.44 feet to the northwest corner of said
  139.16 acre tract;
         THENCE, with the northerly line of said 139.16 acre tract,
  the following thirteen (13) courses:
         1)  S 42° 30' E, 225.80 feet;
         2)  S 17° 52' E, 395.01 feet;
         3)  S 37° 43' E, 432.07 feet;
         4)  S 57° 56' E, 741.70 feet;
         5)  S 41° 58' E, 328.55 feet;
         6)  S 59° 20' E, 143.73 feet;
         7)  S 88° 59' E, 220.97 feet;
         8)  N 74° 41' E, 139.23 feet;
         9)  S 70° 49' E, 284.34 feet;
         10)  S 52° 43' E, 247.45 feet;
         11)  S 68° 29' E, 358.25 feet;
         12)  N 51° 55' E, 134.38 feet;
         13)  S 58° 25' E, 379.90 feet to a point in the westerly
  right-of-way line of said Ranch Road 12, at the northeast corner of
  said 139.16 acre tract;
         THENCE, S 56° 03' 31" E, across said Ranch Road 12,137.2 feet
  (calculated), to the POINT OF BEGINNING.
         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
  7916, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7916.106 to read as follows:
         Sec. 7916.106.  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.