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A BILL TO BE ENTITLED
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relating to the creation of the Harris County Municipal Utility |
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District No. 553; 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 7997 to read as follows: |
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CHAPTER 7997. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 553 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7997.001. 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 Harris County Municipal |
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Utility District No. 553. |
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Sec. 7997.002. 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. 7997.003. 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. 7997.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7997.003 |
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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. 7997.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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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, or improvement of |
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macadamized, graveled, or paved roads described by Section 54.234, |
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Water Code, or improvements, including storm drainage, in aid of |
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those roads. |
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Sec. 7997.006. 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. 7997.051. 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 7997.052, directors serve |
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staggered four-year terms. |
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Sec. 7997.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Ronda Rusk; |
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(2) Michael Kim; |
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(3) Mark Deruesse; |
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(4) Scott Burleson; and |
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(5) Art Musgrove. |
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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 7997.003; 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 7997.003 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 7997.003; 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. 7997.101. 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. 7997.102. 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. 7997.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, and |
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convey to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads described by |
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Section 54.234, Water Code, or improvements, including storm |
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drainage, in aid of those roads. |
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(b) The district may exercise the powers provided by this |
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section without submitting a petition to or obtaining approval from |
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the commission as required by Section 54.234, Water Code. |
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Sec. 7997.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 7997.103 |
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unless: |
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(1) each municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project, if a municipality or county will operate and maintain |
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the road; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) Except as provided by Subsection (a), the district is |
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not required to obtain approval from the Texas Transportation |
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Commission to design, acquire, construct, finance, issue bonds for, |
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improve, or convey a road project. |
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Sec. 7997.105. 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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Sec. 7997.106. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 7997.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7997.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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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 7997.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7997.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7997.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7997.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7997.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7997.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7997.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Harris County Municipal Utility District No. |
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553 initially includes all the territory contained in the following |
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area: |
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Approximately 266.85 acres of land, being the following tracts of |
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land: |
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1. A called 98.5 acre tract of land conveyed to Gulf Coast |
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Land Trust in deed of gift recorded in Clerk's File No. 20120599690 |
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in the Official Public Records of Harris County, Texas, said |
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description being referenced in Clerk's File No. E35554 in the |
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Official Public Records of Harris County, Texas and further |
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described in Volume 5676, Page 103 in the Harris County Deed |
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Records; |
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2. A called 63.7407 acre tract of land conveyed to Bauer |
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Road Properties, LLC described in a deed recorded in Clerk's File |
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No. 20150383255 in the Official Public Records of Harris County, |
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Texas; |
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3. A called 26.1706 acre tract of land conveyed to 22803 |
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Scheil Partners, LLC described in a deed recorded in Clerk's File |
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No. 20130231162 in the Official Public Record of Harris County, |
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Texas; |
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4. A called 1.576 acre tract (Tract 1), a called 0.1514 acre |
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tract (Tract 2), and a called 0.1214 acre (Tract 3) tract of land |
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conveyed to 22803 Scheil Partners, LLC described in a deed recorded |
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in Clerk's File No. RP-2016-201349 in the Official Public Records |
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of Harris County, Texas; |
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5. A called 58.5889 acre tract of land (Tract 1) and a called |
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34.9999 acre tract of land (Tract 2) conveyed to 93 Scheil Road LTD. |
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described in a deed recorded in Clerk's File No. 20110106409 in the |
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Official Public Records of Harris County, Texas; SAVE AND EXCEPT a |
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called 17.0000 acre tract (Tract 1) out of said the 58.5889 acre |
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tract recorded in in Clerk's File No. 20130150358 in the Official |
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Public Records of Harris County, Texas; |
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all tracts located in the William McCann Survey, Abstract No. 585 |
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and the J.B. Baker Survey, Abstract No. 116 in Harris County, |
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Texas. Said 266.85 acre tract being more fully described as |
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follows, with bearings based on the west line of said 63.7407 acre |
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tract the bearing being N 00°24'39" W: |
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BEGINNING: At a 3/4 inch iron rod found for the northwest corner of |
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said 63.7407 acre tract, in the east right of way of Bauer road; |
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THENCE: S 89°46'26" E, along and with the north line of said |
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63.7407 acre tract, an approximate distance of 1718.62 |
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feet to a point corner in the north line of said 63.7407 |
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acre tract, the southwest corner of said 34.9999 acre |
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tract; |
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THENCE: N 00°00'34" W, along and with the west line of said |
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34.9999 acre tract, the west line of said 58.5889 acre |
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tract, an approximate distance of 922.92 feet to a point |
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at the northwest corner of said 58.5889 acre tract; |
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THENCE: S 89°42'56" E, along and with the north line of said |
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58.5889 acre tract, an approximate distance of 1513.57 |
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feet to a point for an interior corner of said 58.5889 |
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acre tract; |
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THENCE: N 01°07'00" E, along and with the west line of said |
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58.5889 acre tract, an approximate distance of 905.07 |
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feet to a point at the southwest corner of said 17.0000 |
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acre tract; |
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THENCE: S 89°58'02" E, along and with the south line of said |
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17.0000 acre tract, approximate distance of 1048.77 feet |
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to a point for the southeast corner of said 17.0000 acre |
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tract, in the east line of said 58.5889 acre tract; |
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THENCE: S 00°01'58" W, along and with the east line of said |
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58.5889 acre tract, the east line of said 34.9999 tract, |
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and a east line of said 26.1706 acre tract, an |
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approximate distance of 1913.91 feet to a point for the |
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southeast corner of said 26.1706 acre tract; |
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THENCE: Along and with the common line of said 26.1706 acre |
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tract, and said 8.7235 acre tract, the following course |
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and distance: |
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S 89°48'33" W, an approximate distance of 691.97 feet to a |
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point for corner, |
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S 00°08'29" W, an approximate distance of 1160.75 feet to |
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a point for corner at the southeast corner of said |
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26.1706, the southwest corner of said 8.7235 acre tract, |
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and in the north line of said 98.5 acre tract; |
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THENCE: S 84°08'16" E, along and with the north line of said north |
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line of said 98.5 acre tract, the south line of said |
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8.7235 acre tract, an approximate distance of 304.57 |
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feet to a point for the southeast corner of said 8.7235 |
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acre tract, and in the west line of said 1.576 acre |
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tract; |
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THENCE: Along and with the common line of said 8.7235 acre tract, |
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and said 1.576 acre tract the following course and |
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distance: |
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N 00°08'30" E, an approximate distance of 1132.87 feet to |
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a point interior corner of said 8.7235 acre tract, and |
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said 1.576 acre tract, |
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N 89°48'33" E, an approximate distance of 389.02 feet to |
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a point at the northeast corner of said 1.576 acre tract, |
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the southeast corner of said 8.7235 acre tract; |
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THENCE: Along and with the east line of said 1.576 acre tract the |
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following course and distance: |
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S 00°01'58" W, an approximate distance of 30.00 feet to a |
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point for corner, |
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S 89°48'33" W, an approximate distance of 343.24 feet to a |
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point for corner, |
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S 00°08'11" W, an approximate distance of 1193.49 feet to |
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a point for corner, |
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S 25°06'06" W, an approximate distance of 107.20 feet to a |
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point for the south corner of said 1.576 acre tract, and |
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in the east line of said 98.5 acre tract; |
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THENCE: S 00°04'28" E, along and with the east line of said 98.5 |
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acre tract an approximate distance of 246.00 feet to a |
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point for the northwest corner of said 0.1514 acre tract; |
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THENCE: S 81°42'19" E, along and with the north line of said |
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0.1514 acre tract, an approximate distance of 61.59 feet |
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to a point for the northeast corner of said 0.1514 acre |
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tract; |
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THENCE: Along and with the east line of said 0.1514 acre tract the |
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following course and distance: |
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S 07°25'12" W, an approximate distance of 101.21 feet to |
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a point for corner, |
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S 52°31'04" W, an approximate distance of 59.76 feet to a |
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point for corner, |
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S 52°31'06" W, an approximate distance of 0.33 feet to a |
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point for corner in the east line of said 98.5 acre |
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tract, |
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THENCE: S 00°04'28" E, along and with the east line of said 98.5 |
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acre tract, an approximate distance of 129.55 feet to a |
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point for the northwest corner of said 0.1266 acre tract, |
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THENCE: S 39°42'53" E, an approximate distatnce of 0.40' to an |
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angle point, |
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THENCE: S 39°42'51" E, along and with the north line of said |
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0.1266 acre tract, an approximate distance of 41.05 feet |
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to a point for the northeast corner of said 0.1266 acre |
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tract; |
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THENCE: Along a non-tangent curve to the left, having a radial |
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bearing of S 84°50'12" E, a radius of 6335.67 feet, a |
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central angle of 05°08'49", a chord bearing and |
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approximate distance of S 02°35'24" W, 568.93 feet, for |
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an arc length of 569.13 feet to a point for the south |
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corner of said 0.1266 acre tract the southeast corner of |
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said 98.5 acre tract; |
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THENCE: N 78°08'04" W, along and with the south line of said 98.5 |
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acre tract, an approximate distance of 3983.14 feet to a |
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found 4"x4" conc monument for the southwest corner of |
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said 98.5 acre tract, |
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THENCE: N 00°10'33" W, along and with the west line of said 98.5 |
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acre tract and also along east line of said Bauer Road, |
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an approximate distance of 892.80 to a found 4"x4" conc |
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monument for the northwest corner of said 98.5 acre tract |
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and for the southwest corner of said 63.7407 acre tract; |
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THENCE: N 00°24'39" W, (bearing basis), along and with the west |
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line of said 63.7407 acre tract and also along the east |
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line of said Bauer Road, an approximate distance of |
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892.51 feet to the POINT OF BEGINNING, and containing |
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266.85 acres in Harris County, Texas. Said tract being |
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described in accordance with a survey made on the ground |
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and a survey description and map prepared under job |
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number 40428-00 by Pape-Dawson Engineers, Inc. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) Section 7997.106, Special District Local |
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Laws Code, as added by Section 1 of this Act, takes effect only if |
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this Act receives a two-thirds vote of all the members elected to |
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each house. |
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(b) If this Act does not receive a two-thirds vote of all the |
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members elected to each house, Subchapter C, Chapter 7997, Special |
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District Local Laws Code, as added by Section 1 of this Act, is |
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amended by adding Section 7997.106 to read as follows: |
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Sec. 7997.106. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(c) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |