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