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A BILL TO BE ENTITLED
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relating to the creation of the Greenshores Fresh Water Supply |
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District; granting a limited power of eminent domain; providing |
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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 B, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 6919 to read as follows: |
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CHAPTER 6919. GREENSHORES FRESH WATER SUPPLY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 6919.001. 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 Greenshores Fresh Water |
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Supply District. |
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Sec. 6919.002. NATURE OF DISTRICT. The district is a fresh |
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water supply district created under Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 6919.003. 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. 6919.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 6919.003 |
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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. 6919.005. 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 a |
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fresh water supply district and a municipal utility district as |
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provided by general law and Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 6919.006. INITIAL DISTRICT TERRITORY. The district is |
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initially composed of the territory covered by Certificate of |
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Convenience and Necessity No. 12407 as it existed on September 1, |
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2017. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 6919.051. 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 6919.052, directors serve |
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staggered four-year terms. |
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Sec. 6919.052. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2017, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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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 6919.003; or |
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(2) September 1, 2021. |
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(c) If permanent directors have not been elected under |
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Section 6919.003 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 6919.003; 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. 6919.101. 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. 6919.102. FRESH WATER SUPPLY DISTRICT AND MUNICIPAL |
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UTILITY DISTRICT POWERS AND DUTIES. (a) The district has the |
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powers and duties provided by the general law of this state, |
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including Chapters 49, 54, and 56, Water Code, applicable to fresh |
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water supply districts and municipal utility districts created |
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under Section 59, Article XVI, Texas Constitution. |
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(b) In the event of a conflict of law between Chapters 54 and |
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56, Water Code, as those chapters apply to the district, Chapter 54 |
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prevails. |
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Sec. 6919.103. USE OF DEFINED AREAS TO PROVIDE WASTEWATER |
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SERVICE. Notwithstanding Section 54.801, Water Code, the district |
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may create a defined area under Subchapter J, Chapter 54, Water |
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Code, for the purpose of providing wastewater service. |
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Sec. 6919.104. DEVELOPMENT AGREEMENT. (a) The district may |
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enter into a development agreement with the City of Austin |
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regarding the provision of water and wastewater services to |
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undeveloped areas of the district. |
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(b) A development agreement under this section shall |
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provide for the provision of the following to the areas affected by |
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the agreement: |
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(1) fire flow; |
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(2) an amount of water sufficient to allow for |
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residential watering in the summer months; and |
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(3) wastewater services in such a manner as to make |
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unnecessary the trucking of sewage from the Woods of Greenshores. |
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Sec. 6919.105. EFFECT OF ANNEXATION. Notwithstanding any |
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other law, if any portion of the territory of the district is |
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annexed by the City of Austin into the city's corporate limits, the |
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district: |
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(1) retains all of the district's outstanding debt and |
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obligations; |
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(2) is not dissolved; and |
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(3) continues to operate under this chapter. |
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Sec. 6919.106. 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. GENERAL FINANCIAL PROVISIONS |
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Sec. 6919.151. ELECTIONS REGARDING TAXES OR BONDS. The |
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district must hold an election in the manner provided by Chapters 49 |
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and 54, Water Code, to obtain voter approval before the district may |
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impose an ad valorem tax or issue bonds payable from ad valorem |
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taxes. |
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Sec. 6919.152. OPERATION AND MAINTENANCE FUNDING. (a) The |
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district may not impose an operation and maintenance tax on taxable |
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property in the district. |
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(b) The district shall use revenue derived from the |
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provision of water and wastewater services to pay for the operation |
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and maintenance of the district. |
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Sec. 6919.153. 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. 6919.201. 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 capital improvements in |
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the district. |
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Sec. 6919.202. 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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SECTION 2. (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 3. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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6919, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 6919.107 to read as follows: |
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Sec. 6919.107. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) 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 4. This Act takes effect September 1, 2017. |