85R5501 DMS-F

By: Birdwell S.B. No. 905

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Cresson Crossroads Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 7968 to read as follows:

CHAPTER 7968. CRESSON CROSSROADS MUNICIPAL UTILITY DISTRICT NO. 2

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 7968.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Commission" means the Texas Commission on Environmental Quality.

(3) "Director" means a board member.

(4) "District" means the Cresson Crossroads Municipal Utility District No. 2.

Sec. 7968.002. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 7968.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED. The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code.

Sec. 7968.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 7968.003 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.

Sec. 7968.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) The district is created to serve a public purpose and benefit.

(b) The district is created to accomplish the purposes of:

(1) a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution; and

(2) Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 7968.006. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond;

(3) right to impose a tax; or

(4) legality or operation.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 7968.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 7968.052, directors serve staggered four-year terms.

Sec. 7968.052. TEMPORARY DIRECTORS. (a) The temporary board consists of:

(1) Randy Price;

(2) Cliff May;

(3) Derek Tanner;

(4) Michael Hooser; and

(5) Aaron Grant.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 7968.003; or

(2) the fourth anniversary of the effective date of the Act enacting this chapter.

(c) If permanent directors have not been elected under Section 7968.003 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of:

(1) the date permanent directors are elected under Section 7968.003; or

(2) the fourth anniversary of the date of the appointment or reappointment.

(d) If Subsection (c) applies, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as successor temporary directors the five persons named in the petition. The commission shall appoint as successor temporary directors the five persons named in the petition.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 7968.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 7968.102. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.

Sec. 7968.103. AUTHORITY FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 7968.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.

(b) If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road project must meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located.

(c) If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.

Sec. 7968.105. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any water, sanitary sewer, road, drainage, or other infrastructure or public facilities constructed, acquired, improved, maintained, or operated by the district shall comply with any subdivision or other applicable regulations of any municipality in whose corporate limits or extraterritorial jurisdiction the infrastructure or public facilities are located unless other regulations are specified in a development agreement between the district and the municipality.

Sec. 7968.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district.

Sec. 7968.107. DIVISION OF DISTRICT. (a) The original district or any lands added to the district may be divided into two or more new districts in the manner specified by Section 53.029(b), Water Code, only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) The division procedure is prescribed by Sections 53.030 through 53.041, Water Code.

(c) Any new district created by the division of the district has all the powers and duties of the district and is subject to the limitations and conditions of this chapter.

(d) At the time of creation, any new district created by the division of the district may not contain any land that is not contiguous to the area described by Section 2 of the Act enacting this chapter.

(e) A division of the district may not occur until each home-rule municipality in whose corporate limits or extraterritorial jurisdiction the district or any proposed district is located has adopted a resolution consenting to the division.

Sec. 7968.108. ASSESSMENTS. (a) The district may impose an assessment on property in the district to pay for an improvement project authorized by Section 7968.102 or 7968.103 or an obligation described by Section 7968.151 in the manner provided for:

(1) a district under Subchapters A, E, and F, Chapter 375, Local Government Code; or

(2) a municipality or county under Subchapter A, Chapter 372, Local Government Code.

(b) The district may impose an assessment for any district operation and maintenance or authorized improvement or supplemental service, including public safety services, in the manner provided for:

(1) a district under Subchapters A, E, and F, Chapter 375, Local Government Code; or

(2) a municipality or county under Subchapter A, Chapter 372, Local Government Code.

(c) The district may not impose an assessment on a municipality, county, or other political subdivision.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 7968.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 7968.153.

(b) The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.

(c) The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.

Sec. 7968.152. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 7968.151, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.

(b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election.

(c) Section 49.107(f), Water Code, does not apply to reimbursements for projects constructed or acquired under Section 7968.103.

Sec. 7968.153. CONTRACT TAXES. (a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 7968.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.

Sec. 7968.202. TAXES FOR BONDS. At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.

Sec. 7968.203. BONDS FOR ROAD PROJECTS. At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.

SECTION 2. The Cresson Crossroads Municipal Utility District No. 2 initially includes all the territory contained in the following area: Field notes for:(TRACT 1 ) Part of the NANCY SMITH SURVEY, Abstract No. 512 situated in Hood County, Texas; embracing a portion of the 744-672/1000 acres tract described in the deed to Cresson Crossroads LLC, recorded in volume 2225, page 263 of the Real Records of Hood County, Texas and all of Lots 6, 7, 8, 9, 12, 13, 16, 18,19 and Reserve No. 1 of CRESSON CROSSROADS PHASE ONE, an Addition to the City of Cresson, Hood County, Texas according to the plat thereof recorded in Slide C-126 of the Plat Records of Hood County, Texas and a portion of Lot 4-R of CRESSON CROSSROADS PHASE ONE, an Addition to the City of Cresson, Hood County, Texas according to the RePlat thereof recorded in Slide C-276 of the Plat Records, and all of Lot 10R-2 of CRESSON CROSSROADS PHASE ONE, an Addition to the City of Cresson, Hood County, Texas according to the plat thereof recorded in Slide C-323 of the Plat Records and described by metes and bounds as follows: The bearings and coordinate positions are per the Texas Coordinate System North Central Zone Nad 83 (1993). Beginning at a 1/2" iron for the southwest corner of the said 744-672/1000 acres tract, and in the north line of Old Granbury Road. Thence northeasterly along the most southerly west line of the said 744-672/1000 acres tract the following:

north 00 degrees-51 minutes-58 seconds east 1884-49/100 feet;

north 00 degrees-06 minutes-08 seconds east 1700-36/100 feet to a 6" steel fence corner for a reentrant corner of the said 744-672/1000 acres tract. Thence southwesterly along the most westerly south line of the said 744-672/1000 acres tract the following:

south 73 degrees-35 minutes-07 seconds west 3997-93/100 feet to a 5/8" iron,

south 67 degrees-31 minutes-39 seconds west 94-23/100 feet to a 6" steel fence corner for the most westerly southwest corner of the said 744-672/1000 acres tract. Thence north 00 degrees-21 minutes-27 seconds east, along the west line of said 744-672/1000 acres tract, to and along the west line of said CRESSON CROSSROADS PHASE ONE, 5527-54/100 feet. Thence 62 degrees-28 minutes-48 seconds east 885-75/100 feet to the easterly line of said Lot 4-R, and the westerly line of Hughie Long Road. Thence southwesterly and southeasterly, along the easterly line of said Lot 4-R and the westerly line of said Hughie Long Road, to and along the easterly line of said 6, 7, 8, and 9, the following:

south 27 degrees-53 minutes-51 seconds west 190-82/100 feet to the beginning of a curve to the left having a radius of 1030 feet;

along said curve to the left an arc length of 495-08/100 feet to its end. The long chord of said 495-08/100 feet arc is south 14 degrees-07 minutes-39 seconds west 490-33/100 feet;

south 00 degrees-21 minutes-27 seconds west 644-28/100 feet to the beginning of a curve to the left having a radius of 530 feet;

along said curve to the left an arc length of 479-16/100 feet to the northeasterly corner of said Lot 9. The long chord of said 479-16/100 feet arc is south 25 degrees-32 minutes-35 seconds east 463-01 /100 feet. Thence south 19 degrees-25 minutes-35 seconds west, along the easterly line of said Lot 9, a distance of 440-69/100 feet to the northwest corner of said Lot 10R-2. Thence south 81 degrees-24 minutes-47 seconds east, along the northerly line of said Lot 10R-2, a distance of 317-64/100 feet to the northeasterly corner of said Lot 10R-2, in the west right-of-way of Cantrell Court. Thence south 08 degrees-35 minutes-11 seconds west, along the easterly line of said Lot 10R-2, and the westerly right-of-way of said Cantrell Court, 269-80/100 feet to the southeast corner of said Lot 10R-2, and the southwest end of said Cantrell Court, in the south line of said CRESSON CROSSROADS PHASE ONE. Thence north 82 degrees-58 minutes-22 seconds east, along the south line of said said Lot 10R-2, and the southwest end of said Cantrell Court, in the south line of said CRESSON CROSSROADS PHASE ONE, 517-53/100 feet to the southwest corner of said Lot 12 and the southeast corner of Lot 11 of said CRESSON CROSSROADS PHASE ONE. Thence north 07 degrees-01 minute-38 seconds west, along the common line of said Lots 11 and 12, a distance of 580-80/100 feet to the northwest corner of said Lot 12, in the south right-of-way of said Hughie Long Road. Thence north 82 degrees-58 minutes-22 seconds east, along the north line of said Lot 12, and the south right-of-way of said Hughie Long Road, to and along the north line of said Lot 13, and said Reserve No. 1, a distance of 1146-33/100 feet to the northeast corner of said Reserve No. 1. Thence south 07 degrees-01 minute-38 seconds east, along the east line of said Reserve No. 1, a distance of 580-80/100 feet to the southeast corner of said Reserve No. 1, in the south line of said CRESSON CROSSROADS PHASE ONE. Thence north 82 degrees-58 minutes-22 seconds east, along the south line of said CRESSON CROSSROADS PHASE ONE, 1009-41/100 feet to the southeast corner of Lot 15R-2R2 of CRESSON CROSSROADS PHASE ONE, according to the plat thereof recorded in Slide P-462 of the said Plat Records, in the west right-of-way of Glascock Drive. Thence south 23 degrees-54 minutes-25 seconds east, along a southwesterly line of said CRESSON CROSSROADS PHASE ONE, 83-16/100 feet to the west line of said Lot 16, and the east right-of-way of said Glascock Drive. Thence north 22 degrees-16 minutes-14 seconds east, along the west line of said Lot 16, and the easterly line of said Glascock Drive, 122-73/100 feet to the northwest corner of said Lot 16, at the intersection of the easterly line of said Glascock Drive, and the southerly right-of-way of said Hughie Long Road, in a curve to the left having a radius of 1030 feet. Thence southeasterly, along the north line of said Lot 16, and the south right-of-way of said Hughie Long Road, along said curve to the left an arc length of 231-22/100 feet to the northeast corner of said Lot 16, and the northwest corner of Lot 17 of said CRESSON CROSSROADS PHASE ONE. The long chord of said 231-22/100 feet arc is south 75 degrees-49 minutes-46 seconds east 230-73/100 feet. Thence south 00 degrees-13 minutes-12 seconds west, along the common line of said Lots 16 and 17, a distance of 335-09/100 feet to the southeast corner of said Lot 16, and the southwest corner of said Lot 17, in the south line of said CRESSON CROSSROADS PHASE ONE. Thence southeasterly, along the south line of said Lot 17, and the south line of said CRESSON CROSSROADS PHASE ONE, the following:

south 89 degrees-46 minutes-48 seconds east 39-87/100 feet;

north 82 degrees-58 minutes-22 seconds east 279-18/100 feet to the southeast corner of said Lot 17, and the southwest corner of said Lot 18. Thence north 07 degrees-01 minute-38 seconds west, along the common line of said Lots 17 and 18, a distance of 303-42/100 feet to the northwest corner of said Lot 18, in the southerly right-of-way of said Hughie Long Road. Thence northeasterly and southeasterly, along the north line of said Lot 18, and the southerly right-of-way of said Hughie Long Road, to and along the north line of said Lot 19, the following:

north 82 degrees-58 minutes-22 seconds east 550-88/100 feet to the beginning of a curve to the right having a radius of 270 feet;

along said curve to the right an arc length of 164-58/100 feet to its end. The long chord of said 164-58/100 feet arc is south 79 degrees-33 minutes-53 seconds east 162-04/100 feet.

south 62 degrees-06 minutes-09 seconds east 5-06/100 feet to the northeast corner of said Lot 19, at the intersection of the southerly right-of-way of said Hughie Long Road, and the westerly right-of-way of Slocum Ranch Road. Thence southwesterly, along the easterly line of said Lot 19, and the westerly right-of-way of said Slocum Ranch Road, the following:

south 27 degrees-42 minutes-02 seconds west 30-82/100 feet to the beginning of a curve to the left having a radius of 2100 feet;

along said curve to the left an arc length of 264-83/100 feet to the southeast corner of said Lot 19 and the southwest corner of said Slocum Ranch Road. The long chord of said 264-83/100 feet arc is south 24 degrees-05 minutes-17 seconds west 264-65 /100 feet. Thence south 69 degrees-31 minutes-29 seconds east, along the south line of said Slocum Ranch Road, 100-00/100 feet to the east line of Slocum Ranch Road, and the beginning of a curve to the right having a radius of 2000-00/100 feet. Thence northeasterly along the said east line of Slocum Ranch Road, and said curve to the right an arc length of 252-21/100 feet; the long chord of the said 252-21/100 feet arc is north 24 degrees-05 minutes-17 seconds east 252-04/100 feet. Thence north 27 degrees-42 minutes-02 seconds east, along the said east line of Slocum Ranch Road, 630-29/100 feet to the north line of the said 744-672/1000 acres tract, and the south line of State Highway No. 171. Thence south 62 degrees-07 minutes-00 seconds east, along the said north line of the 744-672/1000 acres tract, and the said south line of State Highway No. 171, 2140-45/100 feet to the most northerly northeast corner of the said 744-672/1000 acres tract. Thence southerly, then northwesterly, then southerly along the easterly line of the said 744-672/1000 acres tract the following:

south 30 degrees-48 minutes-16 seconds west 131-94/100 feet;

south 50 degrees-55 minutes-01 second east 175-29/100 feet;

south 35 degrees-08 minutes-10 seconds west 508-28/100 feet;

north 55 degrees-45 minutes-14 seconds west 59-45/100 feet;

south 35 degrees-31 minutes-08 seconds west 207-72/100 feet;

south 53 degrees-39 minutes-22 seconds east 149-78/100 feet;

south 35 degrees-50 minutes-43 seconds west 248-84/100 feet;

south 53 degrees-35 minutes-36 seconds east 412-81/100 feet to the northeast corner of the 2-245/1000 acres tract described in the deed to Betty L. Henson Family Partnership, L.P., recorded in volume 2508, page 712 of the said Real Records, and the beginning of a curve to the right having a radius of 224-00/100 feet. Thence southwesterly along the northwesterly line of the said 2-245/1000 acres tract, and said curve to the right an arc length of 206-71/100 feet; the long chord of the said 206-71/100 feet arc is south 63 degrees-04 minutes-17 seconds west 199-46/100 feet. Thence southerly along the said northwesterly line of the 2-245/1000 acres tract, to and along the northwesterly line, and the southwesterly of Lot 1, Phase 2, CRESSON CROSSROADS, according to the plat thereof recorded in Slide C-223 of the said Plat Records the following:

south 89 degrees-30 minutes-30 seconds west 62-17/100 feet;

south 32 degrees-28 minutes-47 seconds west 113-40/100 feet;

south 00 degrees-59 minutes-04 seconds west 372-43/100 feet;

south 35 degrees-28 minutes-40 seconds west 203-06/100 feet to the northerly corner of said Lot 1;

south 35 degrees-55 minutes-50 seconds west 338-42/100 feet to the westerly corner of said Lot 1;

south 54 degrees-04 minutes-10 seconds east 260-72/100 feet to the easterly line of the said 744-672/1000 acres tract, and southerly corner of said Lot, 1, and in the west line of U.S. Highway No. 377. Thence southwesterly along the said easterly line of the 744-672/1000 acres tract, and the said west line of U.S. Highway No. 377, the following:

south 35 degrees-14 minutes-38 seconds west 501-06/100 feet;

south 35 degrees-00 minutes-14 seconds west 165-65/100 feet;

south 35 degrees-30 minutes-36 seconds west 614-77/100 feet;

south 41 degrees-55 minutes-26 seconds west 403-69/100 feet;

south 34 degrees-08 minutes-17 seconds west 200-11/100 feet;

south 29 degrees-40 minutes-57 seconds west 318-73/100 feet;

south 28 degrees-50 minutes-42 seconds west 172-82/100 feet

south 32 degrees-49 minutes-34 seconds west 508-28/100 feet;

south 60 degrees-56 minutes-28 seconds west 175-64/100 feet to the most southerly southeast corner of the said 744-672/1000 acres tract in the north line of Old Granbury Road. Thence south 89 degrees-25 minutes-07 seconds west, along the south line of the said 744-672/1000 acres tract, and the said north line of Old Granbury Road, 953-56/100 feet to the Beginning and containing 561-055/1000 acres. Compiled on December 17, 2016 from Real Records, and Plat Records of Hood County, Texas, and some previous surveys. Field notes for:(TRACT 2 ) All of Lot 40 of CRESSON CROSSROADS PHASE ONE, an Addition to the City of Cresson, Hood County, Texas according to the plat thereof recorded in Slide C-126 of the Plat Records of Hood County, Texas and all of Lot 41-R of CRESSON CROSSROADS PHASE ONE, an Addition to the City of Cresson, Hood County, Texas according to the plat thereof recorded in Slide C-350 of the said Plat Records, and described by metes and bounds as follows: Beginning at the northwesterly corner of said Lot 40 at the intersection of the southwesterly right-of-way of State Highway No. 171, and the southeasterly right-of-way of Hughie Long Road. Thence south 62 degrees-06 minutes-59 seconds east, along the northeasterly line of said Lot 40, and the southwesterly right-of-way of said State Highway No. 171, to and along the northeasterly line of said Lot 41-R, a distance of 422-10/100 feet to the northeasterly corner of said Lot 41-R. Thence south 27 degrees-53 minutes-51 seconds west, along the southeasterly line of said Lot 41-R, a distance of 309-72/100 feet to the southeasterly corner of said Lot 41-R, in the northeasterly line of Lot 39 of said CRESSON CROSSROADS PHASE ONE. Thence north 62 degrees-06 minutes-59 seconds west, along the southwesterly line of said Lot 41-R, and the northeasterly line of said lot 39, to and along the southwesterly line of said Lot 40, a distance of 422-10/100 feet to the southwesterly corner of said Lot 40, in the easterly right-of-way of said Hughie Long Road. Thence north 27 degrees-53 minutes-51 seconds east, along the westerly line of said Lot 40, and the easterly right-of-way of said Hughie Long Road, 309-72/100 feet to the place of beginning and containing 3-001/1000 acres. Compiled on December 16, 2016 from Real Records, and Plat Records of Hood County, Texas, and some previous surveys.

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 7968, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7968.109 to read as follows:

Sec. 7968.109. 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, 2017.