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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 Brazoria County Municipal Utility |
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District No. 70; 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 7964 to read as follows: |
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CHAPTER 7964. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 70 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7964.001. 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 Brazoria County Municipal |
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Utility District No. 70. |
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Sec. 7964.002. 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. 7964.003. 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. 7964.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7964.003 |
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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. 7964.005. 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. 7964.006. 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. 7964.051. 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 7964.052, directors serve |
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staggered four-year terms. |
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Sec. 7964.052. 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 7964.003; 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 7964.003 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 7964.003; 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. 7964.101. 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. 7964.102. 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. 7964.103. LEVEE IMPROVEMENT 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 Chapter 57, Water Code, |
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applicable to levee improvement districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7964.104. 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. 7964.105. 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. 7964.106. 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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Sec. 7964.107. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if: |
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(1) the district has no outstanding bonded debt; and |
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(2) the district is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) 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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7964.003 to confirm the creation of the district. |
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(f) An order dividing the district shall: |
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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 or among the new districts. |
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(g) 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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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 7964.003. |
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(i) 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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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(k) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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7964.004 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7964.151. 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 7964.153. |
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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. 7964.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7964.151, 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. 7964.153. 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. 7964.201. 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. 7964.202. 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. 7964.203. 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 Brazoria County Municipal Utility District |
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No. 70 initially includes all the territory contained in the |
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following area: |
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A METES & BOUNDS description of a certain 2273.1 acres of land |
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situated in the H.T.&B.R.R. Company Survey, Abstract No. 254, the |
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H.T.&B.R.R. Company Survey, Abstract No. 251, the A. A. Talmage |
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Survey, Abstract No. 554, the A. A. Talmage Survey, Abstract |
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No. 553 and the James L Holmes Heirs Survey, Abstract No. 610, all |
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in Brazoria County, Texas and being out of a called 2856.555 acre |
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tract of land (Tract 1) and a called 14.188 acre tract of land |
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(Tract 2), conveyed to Dee S. Osborne by the deed recorded in Volume |
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1159, Page 715 of the Brazoria County Deed Records, a called 98.2535 |
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acre tract of land conveyed to Southeast Properties, Ltd by the deed |
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recorded in Clerk's File No. 92-33050 of the Brazoria County |
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Official Public Records and a called 109.232 acre tract of land |
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conveyed to Southeast Properties, LTD recorded in Volume 1221, Page |
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362 of the Brazoria County Deed Records; said 2273.1 acres being |
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more particularly described in two tracts as follows, with all |
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bearings being based on the Texas Coordinate System, South Central |
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Zone, NAD 83; |
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TRACT ONE, 1208.2 ACRES |
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BEGINNING at a found 5/8-inch iron rod at the northwest |
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corner of said 14.188 acre tract, common with the northeast corner |
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of a called 2.50 acre tract of land conveyed to Carlos Hernandez and |
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Olga Hernandez by the deed recorded in Clerk's File No. 99-056053 |
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of the Brazoria County Official Public Records and being in the |
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southerly right-of-way line of County Road 511; |
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THENCE, North 87°04'39" East, along the northerly line of said |
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14.188 acre tract, common with said southerly right-of-way line, at |
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a distance of 1546.49 feet passing a found 1/2-inch iron rod for the |
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northeast corner of said 14.188 acre tract and continuing for a |
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total distance of 1646.82 feet to a point for corner in the |
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right-of-way of FM 1462; |
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THENCE, South 30°16'03" East, at 54.76 feet passing a found |
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1/2-inch iron rod at the northernmost corner of said 2856.555 acre |
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tract, common with the intersection of the Southerly right-of-way |
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line of said FM 1462 with the westerly right-of-way line of said |
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County Road 511 and then continuing with the easterly line of said |
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2856.555 acre tract, common with the westerly right-of-way line of |
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said County Road 511, for a total distance of 5989.45 feet to a set |
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3/4-inch iron rod (with cap stamped "JonesCarter property corner") |
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at the beginning of a non-tangent curve to the left; |
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THENCE, departing said common line, over and across said |
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2856.555 acres and along the arc of said non-tangent curve to the |
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left having a radius of 2640.00 feet, a central angle of 66°45'27", |
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an arc length of 3075.96 feet, and a long chord bearing South |
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03°17'15" West, 2904.90 feet to a point for corner; |
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THENCE, South 30°05'28" East, a distance of 23.74 feet to a |
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set 3/4-inch iron rod (with cap stamped "JonesCarter property |
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corner") in the southeasterly line of said 2856.555 acre tract, |
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common with the northwesterly line of a called 110.21 acre tract of |
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land conveyed to Patrick D. Moller and wife, Suzanne Moller by the |
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deed recorded in Clerk's File No. 96-005947 of the Brazoria County |
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Official Public Records and from which a found 5/8-inch iron rod in |
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the westerly right-of-way line of said County Road 511, bears North |
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59°36'38" East, 955.96 feet; |
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THENCE, South 59°36'38" West, along said common line, a |
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distance of 2575.73 feet to a set 3/4-inch iron rod (with cap |
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stamped "JonesCarter property corner") at the beginning of a |
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non-tangent curve to the right; |
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THENCE, departing said common line, over and across said |
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2856.555 acres and along the arc of said non-tangent curve to the |
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right having a radius of 5280.00 feet, a central angle of 07°33'42", |
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an arc length of 696.84 feet, and a long chord bearing North |
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48°41'21" West, 696.33 feet to the beginning of a compound curve to |
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the right; |
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THENCE, continuing over and across said 2856.555 acres and |
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along the arc of said compound curve to the right having a radius of |
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5280.00 feet, a central angle of 21°24'05", an arc length of 1972.22 |
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feet, and a long chord bearing North 51°53'34" West, 1960.78 feet to |
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a point for corner; |
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THENCE, continuing over and across said 2856.555 acres, the |
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following six (6) bearings and distances; |
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1) North 67°16'53" West, a distance of 1365.55 feet to |
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a point for corner; |
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2) North 68°00'23" West, a distance of 1178.08 feet to |
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a point for corner; |
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3) North 67°37'10" West, a distance of 885.98 feet to a |
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point for corner; |
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4) North 34°22'34" West, a distance of 700.44 feet to a |
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point for corner; |
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5) North 33°50'21" West, a distance of 1651.19 feet to |
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a point for corner; |
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6) North 32°16'42" West, a distance of 473.37 feet to a |
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point for corner; |
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THENCE, North 33°31'32" West, continuing over and across said |
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2856.555 acres and over and across said 98.2535 acres, a distance of |
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2191.74 feet to a set 3/4-inch iron rod (with cap stamped |
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"JonesCarter property corner") in the northerly line of said |
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2856.555 acres, common with the southerly right-of-way line of said |
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FM 1462; |
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THENCE, North 86°56'14" East, along said common line, at |
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186.72 feet passing a found 1/2-inch iron rod at the northwest |
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corner of said 98.2535 acres, at 1005.62 feet passing a found |
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concrete monument at the northeast corner of said 98.2535 acre |
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tract, then continuing with the northerly line of said 2856.555 |
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acres, common with the southerly right-of-way line of said FM 1462, |
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for a toral distance of 2296.45 feet to a point for corner; |
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THENCE, North 86°49'41" East, continuing along said common |
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line, a distance of 1353.40 feet to the beginning of a curve to the |
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left; |
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THENCE, continuing along said common line and the arc of said |
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curve to the left having a radius of 1482.69 feet, a central angle |
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of 14°54'54", an arc length of 385.97 feet, and a long chord bearing |
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North 79°22'13" East, 384.88 feet to the westernmost corner of a |
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called 3.37 acre tract of land conveyed to Tommy Nguyen and wife, |
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Kathy Nguyen by the deed recorded in Clerk's File No. 2005005114 of |
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the Brazoria County Official Public Records; |
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THENCE, North 86°52'55" East, along a northerly line of said |
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2856.555 acre tract, common with the southerly line of said 3.37 |
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acre tract, a distance of 830.05 feet to the southeast corner of |
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said 3.37 acre tract, common with an interior corner of said |
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2856.555 acre tract; |
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THENCE, North 02°42'05" West, along an interior line of said |
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2856.555 acre tract, common with the easterly line of said 3.37 acre |
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tract, a distance of 388.94 feet to the northernmost corner of said |
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3.37 acre tract also being in the southerly right-of-way line of |
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said FM 1462; |
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THENCE, North 59°47'44" East, along northerly line of said |
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2856.555 acre tract, common with the southerly right-of-way line of |
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said FM 1462, a distance of 1089.08 feet to a point for corner; |
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THENCE, North 02°54'16" West, departing said common line and |
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over and across the right-of-way of said FM 1462, at a distance of |
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111.54 feet passing a found 1/2-inch iron rod at the southwest |
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corner of said 14.188 acre tract, common with the southeast corner |
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of a called 2.311 acre tract of land conveyed to Yu-Ping Goodman by |
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the deed recorded in Clerk's File No. 02-008105 of the Brazoria |
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County Official Public Records, then continuing along the easterly |
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lines of said 2.311 acre and 2.50 acre tracts, common with the |
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westerly line of said 14.188 acre tract, for a total distance of |
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911.10 feet to the POINT OF BEGINNING, OF TRACT ONE CONTAINING |
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1208.2 acres. |
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TRACT 2, 1064.9 ACRES |
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COMMENCING at a found 5/8-inch iron rod at the northwest |
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corner of said 14.188 acre tract, common with the northeast corner |
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of said 2.50 acre tract and being the POINT OF BEGINNING of the |
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above described Tract One. |
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THENCE, South 02°54'16" East, along the westerly line of said |
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14.188 acre tract, common with the easterly lines of said 2.50 acre |
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and 2.311 acre tracts, at 799.56 feet passing a 1/2-inch iron rod |
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found at the southwest corner of said 14.188 acre tract, common with |
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the southeast corner of said 2.311 acre tract, then continuing over |
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and across said right-of-way of FM 1462, a total distance of 911.10 |
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feet to a point in the northerly line of said 2856.555 acre tract, |
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common with the southerly right-of-way line of said FM 1462; |
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THENCE, South 59°47'44" West, along said common line, a |
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distance of 1089.08 feet to the northernmost corner of a said 3.37 |
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acre tract; |
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THENCE, South 02°42'05" East, departing said common line and |
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along an interior line of said 2856.555 acre tract, common with the |
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easterly line of said 3.37 acre tract, a distance of 388.94 feet to |
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the southeast corner of said 3.37 acre tract, common with an |
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interior corner of said 2856.555 acre tract; |
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THENCE, South 86°52'55" West, along a northerly line of said |
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2856.555 acre tract, common with the southerly line of said 3.37 |
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acre tract, a distance of 830.05 feet to the westernmost corner of |
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said 3.37 acre tract, being in the southerly right-of-way line of |
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said FM 1462 at the beginning of a curve to the right; |
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THENCE, along a northerly line of said 2856.555 acre tract, |
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common with the southerly right-of-way line of said FM 1462 and the |
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arc of said curve to the right having a radius of 1482.69 feet, a |
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central angle of 14°54'54", an arc length of 385.97 feet, and a long |
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chord bearing South 79°22'13" West, 384.88 feet to a point for |
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corner; |
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THENCE, South 86°49'41" West, continuing along said common |
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line, a distance of 1353.40 feet to a point for corner; |
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THENCE, South 86°56'14" West, continuing along said southerly |
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right-of-way line, common with the northerly line of said 2856.555 |
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acres and the northerly line of said 98.2535 acres, distance of |
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2296.45 feet to a point for corner; |
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THENCE, South 87°01'47" West, continuing along said southerly |
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right-of-way line, common with the northerly line of said 2856.555 |
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acres and the northerly line of said 109.232 acres, a distance of |
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1590.81 feet to the northwest corner of said 109.232 acre tract, |
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being in the easterly line of a called 80.74 acre tract of land |
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conveyed to South Associates by the deed recorded in Volume 1420, |
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Page 710 of the Brazoria County Deed Records; |
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THENCE, South 02°27'26" East, departing said common line and |
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along the westerly line of said 109.232 acre tract, common with the |
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easterly line of said 80.74 acre tract, a distance of 2584.43 feet |
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to the southeast corner of said 80.74 acres, common with an interior |
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corner of said 2856.555 acre tract; |
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THENCE, South 86°55'53" West, along the southerly line of said |
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80.74 acres, common with a northerly line of said 2856.555 acres, a |
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distance of 256.28 feet to a set 3/4-inch iron rod (with cap stamped |
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"JonesCarter property corner") for the POINT OF BEGINNING of the |
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herein described tract; |
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THENCE over and across said 2856.55 and 109.232 acre tracts |
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the following six (6) bearings and distances; |
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1) South 33°07'56" East, a distance of 1574.72 feet to |
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a point for corner; |
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2) South 32°45'11" East, a distance of 1737.40 feet to |
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a point for corner; |
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3) South 34°06'46" East, a distance of 525.85 feet to a |
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point for corner; |
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4) South 37°02'29" East, a distance of 125.27 feet to a |
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point for corner; |
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5) South 33°08'38" East, a distance of 825.02 feet to a |
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point for corner; |
|
6) South 67°31'02" East, a distance of 2641.65 feet to |
|
a point for corner; |
|
THENCE, South 67°38'45" East, continuing over and across said |
|
2856.555 acres, a distance of 2391.22 feet to a set 3/4-inch iron |
|
rod (with cap stamped "JonesCarter property corner") in the |
|
southeasterly line of said 2856.555 acre tract, common with the |
|
northwesterly line of a called 5440.64 acre tract of land conveyed |
|
to HRI Development Corporation by the deed recorded in Clerk's File |
|
No. 88544-596 of the Brazoria County Official Public Records; |
|
THENCE, South 59°36'38" West, along said common line, a |
|
distance of 4112.50 feet to a found axel at the most southerly |
|
southeast corner of said 2856.555 acres also being an interior |
|
corner of said 5440.64 acres; |
|
THENCE, South 89°58'50" West, along the southerly line of said |
|
2856.555 acre tract, common with a northerly line of said 5440.64 |
|
acre tract, a distance of 4086.26 feet to an angle point; |
|
THENCE, South 87°30'17" West, continuing along said common |
|
line, a distance of 2116.63 feet to the southwest corner of said |
|
2856.555 acre tract, common with the southeast corner of a called |
|
347.07 acre tract of land conveyed to Tehama Communities, LLP by the |
|
deed recorded in Clerk's File No. 2005072012 of the Brazoria County |
|
Official Public Records; |
|
THENCE, North 03°17'11" West, along a westerly line of said |
|
2856.555 acre tract, common with the easterly line of said 347.07 |
|
acre tract, a distance of 5281.54 feet to the northeast corner of |
|
said 347.07 acre tract, being in the southerly line of a called 50 |
|
acre tract of land conveyed to Willie Alton, et al by the deed |
|
recorded in Volume 928, Page 141 of the Brazoria County Deed |
|
Records; |
|
THENCE, North 87°07'20" East, along an interior line of said |
|
2856.555 acre tract, common with the southerly line of said 50 acre |
|
tract, a distance of 486.77 feet to the southeast corner of said 50 |
|
acre tract, common with an interior corner of said 2856.555 acre |
|
tract; |
|
THENCE, North 02°42'52" West, along a westerly line of said |
|
2856.555 acre tract, common with the easterly lines of said 50 acre |
|
tract, a called 40.13 acre tract of land conveyed to Krystal G. |
|
Hodge by the deed recorded in Clerk's File No. 2014019841 of the |
|
Brazoria County Official Public Records and a called 42.122 acre |
|
tract of land conveyed to Bjorn F. Lindgren and wife, Beverly L. |
|
Lindgren by the deed recorded in Clerk's File No. 2004063194 of the |
|
Brazoria County Official Public Records, a distance of 2675.71 |
|
feet to the most westerly northwest corner of said 2856.55 acre |
|
tract, common with the southeast corner of a called 80.74 acre tract |
|
(Tract 2) of land conveyed to South Associates by the deed recorded |
|
in Volume 1420, Page 710 of the Brazoria County Deed Records; |
|
THENCE, North 86°55'53" East, along a northerly line of said |
|
2856.555 acre tract, common with the southerly lines of said 80.74 |
|
acre tracts (Tract I and 2), a distance of 2420.68 feet to the POINT |
|
OF BEGINNING OF TRACT TWO, CONTAINING 1064.9 acres and together |
|
with the above described tract one containing a total of 2273.1 |
|
acres of land in Brazoria County, Texas. |
|
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 |
|
7964, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 7964.108 to read as follows: |
|
Sec. 7964.108. 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. |
|
|
|
* * * * * |