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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 Fort Bend County Municipal Utility |
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District No. 234; 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 8055 to read as follows: |
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CHAPTER 8055. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 234 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8055.0101. 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 Fort Bend County Municipal |
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Utility District No. 234. |
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Sec. 8055.0102. 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. 8055.0103. CONFIRMATION AND DIRECTOR 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. 8055.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8055.0103 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. 8055.0105. 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. 8055.0106. 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. 8055.0201. 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 8055.0202, directors |
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serve staggered four-year terms. |
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Sec. 8055.0202. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2019, 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 8055.0103; or |
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(2) September 1, 2023. |
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(c) If permanent directors have not been elected under |
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Section 8055.0103 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 8055.0103; 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. 8055.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8055.0302. 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. 8055.0303. 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. 8055.0304. 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. 8055.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8055.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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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 8055.0403. |
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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. 8055.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8055.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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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. 8055.0403. 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. 8055.0501. 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. 8055.0502. 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. 8055.0503. 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 Fort Bend County Municipal Utility District |
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No. 234 initially includes all the territory contained in the |
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following area: |
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Being a 312.47 acre tract of land, located in the Mills M. Battle |
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League, Abstract-9, Fort Bend County, Texas; said 312.47 acre tract |
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being all of a called 311.889 acre tract, Tract 2, recorded in the |
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name of State of Texas for the use and benefit of the Permanent |
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School Fund, under Fort Bend County Clerk's File Number |
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(F.B.C.C.F.No.) 2003023371, also being all of a called 311.885 |
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acres, Tract 2, of State of Texas Department of Highways and Public |
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Transportation, a subdivision plat of which is recorded under |
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Slides Number 1831B and 1832A, Plat Records of Fort Bend County, |
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Texas (P.R.F.B.C.T.); said 312.47 acre tract being more |
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particularly described by metes and bounds as follows (All bearings |
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and coordinates refer to the Texas Coordinate System of 1983, South |
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Central Zone, obtained from GPS Observation of monuments at either |
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end of the southerly boundary line (called South 65 degrees 40 |
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minutes 41 seconds West, 3,232.12 feet, under said |
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F.B.C.C.F.No. 2003023371; and South 65 degrees 40 minutes 46 |
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seconds West, 3,232.12 feet, under said Slides Number 1831B and |
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1832A, P.R.F.B.C.T.); (All bearings and coordinates are grid and |
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may be converted to surface by applying the combined scale factor of |
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0.999875); GPS observations referenced to base stations: DH3618 |
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TXRO ROSENBERG CORS ARP, DF5352 ANG1 ANGLETON 1 CORS ARP, and DF4379 |
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TXHU HOUSTON RRP2 CORS ARP; and processed through OPUS): |
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BEGINNING at a 5/8-inch iron rod found, with aluminum cap marked |
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Texas Department of Corrections (X=3,025,310.72; Y=13,782,264.28), |
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marking the southwest corner of said 311.889 acre tract, the |
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southeast corner of a called 20 acre tract recorded in the name of |
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Robert Schumann in Volume 66, Page 486, Probate Records of Fort Bend |
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County, Texas, said rod being in the west line of said Mills M. |
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Battle League, and the east line of the J. H. Cartwright League, |
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Abstract-16, said rod also being in the northerly right-of-way |
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(R.O.W.) line of the Southern Pacific Railroad (100 feet wide; |
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Volume V, Page 226, and Volume 39, Page 220, both of the Deed |
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Records of Fort Bend County, Texas (D.R.F.B.C.T.), for the |
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southwest corner of the herein described tract; |
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THENCE, with the west line of said Mills M. Battle League and said |
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311.889 acre tract, being the east line of said J. H. Cartwright |
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League, being the east lines of the following six (6) tracts of |
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land: said 20 acre tract; a called 63.275 acre tract recorded in the |
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name of Robert Schumann, et al, in Volume 2154, Page 1748, |
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D.R.F.B.C.T.; Chelsea Harbour, Sec. 1, a subdivision plat of which |
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is recorded under Slides Number 2218B, 2219A and 2219B, |
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P.R.F.B.C.T.; Chelsea Harbour, Sec. 2, a subdivision plat of which |
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is recorded under Slides Number 2453B and 2454A, P.R.F.B.C.T,; a |
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called 37.6535 acre tract recorded in the name of Campbell Concrete & |
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Materials, L.P., under F.B.C.C.F.No. 9825453; and a called 40.0 |
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acre tract recorded in the name of Timothy Lee Schumann, et al, |
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under F.B.C.C.F.No. 2003074810; North 02 degrees 47 minutes 14 |
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seconds West, passing at a distance of 902.09 feet, a 1/2-inch iron |
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pipe (disturbed) found 1.7 feet East of line, passing at 1,426.25 |
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feet, a 1/2-inch iron pipe (disturbed) found 1.9 feet East of line, |
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passing at 1,950.35 feet, a 1/2-inch iron pipe (disturbed) found |
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2.1 feet East of line, passing at 2,475.25 feet, a 1/2-inch iron |
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pipe found 2.2 feet East of line, passing at 3,015.52 feet, a |
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1/2-inch iron pipe found at a fence corner 2.7 feet East of line, |
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passing at 4,554.09 feet, a 1/2-inch iron pipe found 2.9 feet East |
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of line, passing at 5,716.72 feet, a 1-inch iron pipe found marking |
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a reference point on the high-bank of Oyster Creek, continuing in |
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all a total distance of 5,816.84 feet (called North 02 degrees 47 |
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minutes 15 seconds West, 5,816.84 feet, under said |
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F.B.C.C.F.No. 2003023371; and North 02 degrees 47 minutes 10 |
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seconds West, 5,816.84 feet, under said Slides Number 1831B and |
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1832A, P.R.F.B.C.T.), to a point at the northwest corner of said |
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311.889 acre tract, and the southwest corner of a called 310.602 |
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acre tract recorded in the name of The Houston Parks Board, in |
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Volume 2161, Page 882, D.R.F.B.C.T., in the centerline of said |
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Oyster Creek , for the northwest corner of the herein described |
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tract; |
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THENCE, along the northerly lines of said 311.889 acre tract, and |
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the southerly lines of said 310.602 acre tract, being the |
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centerline of said Oyster Creek, the following twenty-three (23) |
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courses: |
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1. North 28 degrees 48 minutes 31 seconds East, a distance of 56.10 |
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feet, to an angle point; |
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2. North 62 degrees 55 minutes 53 seconds East, a distance of |
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113.39 feet, to an angle point; |
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3. North 77 degrees 44 minutes 38 seconds East, a distance of |
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365.14 feet, to an angle point; |
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4. South 87 degrees 27 minutes 26 seconds East, a distance of |
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153.90 feet, to an angle point; |
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5. South 61 degrees 26 minutes 43 seconds East, a distance of |
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176.89 feet, to an angle point; |
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6. South 47 degrees 07 minutes 30 seconds East, a distance of |
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141.17 feet, to an angle point; |
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7. South 59 degrees 07 minutes 05 seconds East, a distance of |
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174.90 feet, to an angle point; |
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8. South 36 degrees 41 minutes 05 seconds East, a distance of |
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119.78 feet, to an angle point; |
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9. South 26 degrees 38 minutes 40 seconds East, a distance of |
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386.47 feet, to an angle point; |
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10. South 21 degrees 03 minutes 17 seconds East, a distance of |
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195.66 feet, to an angle point; |
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11. South 28 degrees 51 minutes 45 seconds East, a distance of |
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313.25 feet, to an angle point; |
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12. South 54 degrees 11 minutes 56 seconds East, a distance of |
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125.49 feet, to an angle point; |
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13. South 66 degrees 58 minutes 32 seconds East, a distance of |
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83.72 feet, to an angle point; |
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14. South 71 degrees 22 minutes 55 seconds East, a distance of |
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164.67 feet, to an angle point; |
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15. South 81 degrees 06 minutes 18 seconds East, a distance of |
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242.28 feet, to an angle point; |
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16. South 88 degrees 00 minutes 32 seconds East, a distance of |
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218.36 feet, to an angle point; |
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17. North 88 degrees 28 minutes 11 seconds East, a distance of |
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220.44 feet, to an angle point; |
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18. North 86 degrees 08 minutes 50 seconds East, a distance of |
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102.54 feet, to an angle point; |
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19. North 74 degrees 01 minutes 18 seconds East, a distance of |
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64.46 feet, to an angle point; |
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20. North 62 degrees 38 minutes 26 seconds East, a distance of |
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128.70 feet, to an angle point; |
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21. North 45 degrees 43 minutes 00 seconds East, a distance of |
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129.35 feet, to an angle point; |
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22. North 49 degrees 07 minutes 47 seconds East, a distance of |
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117.34 feet, to an angle point; |
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23. North 48 degrees 31 minutes 10 seconds East, a distance of |
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88.29 feet, to the northeast corner of said 311.889 acre tract, in |
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the westerly line of the residue of a 5,202.88 acre tract recorded |
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in the name of Central Prison Farm, in Volume 152, Page 425, |
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D.R.F.B.C.T., for the northeast corner of the herein described |
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tract; |
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THENCE, with the east line of said 311.889 acre tract, and the west |
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line of said residue tract, South 02 degrees 47 minutes 39 seconds |
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East, passing at 92.26 feet, a 1 inch iron pipe found marking a |
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reference on the high-bank of said Oyster Creek, continuing in all a |
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total distance of 3,597.17 feet (called South 02 degrees 47 minutes |
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40 seconds East, 3,586.77 feet, under said |
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F.B.C.C.F.No. 2003023371; and South 02 degrees 47 minutes 41 |
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seconds East, 3,586.75 feet, under said Slides Number 1831B and |
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1832A, P.R.F.B.C.T.), to a capped 5/8-inch iron rod |
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(X=3,028,255.61; Y=13,783,595.29), marked Miller Survey Group set |
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at the southeast corner of said 311.889 acre tract, and the |
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southwest corner of said residue tract, being in the northerly |
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R.O.W. line of said Southern Pacific Railroad, for the southeast |
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corner of the herein described tract; |
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THENCE, with the south line of said 311.889 acre tract, and the |
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northerly R.O.W. line of said Southern Pacific Railroad, South 65 |
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degrees 40 minutes 42 seconds West, a distance of 3,232.11 feet, to |
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the POINT OF BEGINNING and containing 312.47 acres of land. |
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Approximately 15.29 acres of this tract lies within the boundaries |
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of AE floodway of oyster creek, as shown on the recorded plat of |
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State of Texas State Department of Highways and Public |
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Transportation. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) 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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8055, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8055.0306 to read as follows: |
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Sec. 8055.0306. 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 5. This Act takes effect September 1, 2019. |