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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. 237; 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 8063 to read as follows: |
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CHAPTER 8063. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 237 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8063.0101. 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. 237. |
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Sec. 8063.0102. 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. 8063.0103. 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. 8063.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8063.0103 or 8063.0401, issue bonds, or incur any debt until each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located has consented by ordinance or |
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resolution to the creation of the district and to the inclusion of |
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land in the district. |
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Sec. 8063.0105. 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. 8063.0106. 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. 8063.0201. 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 8063.0202, directors |
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serve staggered four-year terms. |
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Sec. 8063.0202. 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 8063.0103; 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 8063.0103 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 8063.0103; 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. 8063.0301. 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. 8063.0302. 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. 8063.0303. 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. 8063.0304. 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. 8063.0305. 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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Sec. 8063.0306. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) 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 enacting 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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8063.0103 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 8063.0103. |
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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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8063.0104 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. 8063.0401. 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 8063.0403. |
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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. 8063.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8063.0401, 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. 8063.0403. 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. 8063.0501. 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. 8063.0502. 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. 8063.0503. 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. 237 initially includes all the territory contained in the |
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following area: |
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Being an approximate 2,555.5 acres located in the Abraham D. |
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Kelker Survey, Abstract 273, the M. M. Ryon Survey, Abstract 368, |
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the William Byrne Survey, Abstract 112, and the Henry Wilcox |
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Survey, Abstract 342, and located in extraterritorial jurisdiction |
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of the Town of Thompsons, Fort Bend County, Texas, more |
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particularly described by metes and bounds as follows, (all |
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bearings referenced to the Texas Coordinate System, South Central |
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Zone, NAD83): |
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TRACT 1 |
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BEGINNING at the north or northwest corner of the M. M. Ryon |
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Survey, Abstract 380, said corner being an interior corner on the |
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south line of the M. M. Ryon Survey, Abstract 368; |
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Thence, South 42° 11' 26" West, along the northwesterly line |
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of the M. M. Ryon Survey, Abstract 380, 1,372.63 feet more or less |
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to a point for a westerly southwest corner of said M. M. Ryon |
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Survey, Abstract 368, same being the northeast corner of the |
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Michael Young League, Abstract 99, Fort Bend County, Texas; |
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Thence, North 47° 55' 18" West, departing the northwesterly |
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line of said M. M. Ryon Survey, Abstract 380 and along the |
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northeasterly line of said Michael Young League and along the |
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southwesterly line of said M. M. Ryon Survey, Abstract 368, at |
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594.00 feet more or less pass the common south corner of said M. M. |
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Ryon Survey, Abstract 368 and said William Byrne Survey, continuing |
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along the northeasterly line of said Michael Young League and along |
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the southwesterly line of said William Byrne Survey, at 5,130.00 |
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feet more or less pass the common south corner of said William Byrne |
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Survey and the aforementioned Henry Wilcox Survey, continuing along |
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the northeasterly line of said Michael Young League and along the |
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southwesterly line of said Henry Wilcox Survey, in all a total of |
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14,246.76 feet more or less to a point for the common west corner of |
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said Henry Wilcox Survey and said Michael Young League, said point |
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being on the southeasterly line of the E. P. Everett Survey, |
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Abstract 387, Fort Bend County, Texas; |
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Thence, North 42° 00' 43" East, along the northwesterly line |
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of said Henry Wilcox Survey and the southeasterly line of said E. P. |
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Everett Survey, 1,416.67 feet more or less to a point for the common |
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north corner of said Henry Wilcox Survey and said S. B. Pentecost |
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Survey, said point being on the southwesterly line of the Wiley |
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Martin League, Abstract 56, Fort Bend County, Texas; |
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Thence, South 67° 54' 35" East, along the southwesterly line |
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of the Wiley Martin League and the northeasterly line of said Henry |
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Wilcox Survey, 9,702.78 feet more or less to a point for the |
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northeast corner of said Henry Wilcox Survey, said point being the |
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northwest corner of the Peter Teal Survey, Abstract 337, Fort Bend |
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County, Texas; |
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Thence, South 42° 04' 42" West, along the southeasterly line |
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of said Henry Wilcox Survey and the northwesterly line of the Peter |
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Teal Survey, 1,661.11 feet more or less to a point for the common |
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west corner of said Peter Teal Survey and the aforementioned |
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William Byrne Survey; |
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Thence, South 47° 55' 18" East, along the northeasterly line |
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of said William Byrne Survey and the southwesterly line of said |
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Peter Teal Survey, 4,536.11 feet more or less to a point for the |
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common east corner said Peter Teal Survey and said William Byrne |
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Survey, said point being on the northwesterly line of the |
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aforementioned M. M. Ryon Survey, Abstract 368; |
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Thence, North 42° 04' 42" East, along the northeasterly line |
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of said M. M. Ryon Survey, Abstract 368 and the southwesterly line |
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of said Peter Teal Survey, 3,389.92 feet more or less to a point for |
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corner in the centerline of a farm road; |
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Thence, South 25° 06' 53" West, along the centerline of a farm |
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road, 843.77 feet more or less to a point for corner; |
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Thence, South 67° 30' 40" East, 2,249.84 feet more or less to a |
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point for corner on the west right-of-way line of State Farm to |
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Market Road No. 762 (called 80 feet wide); |
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Thence, South 22° 25' 03" West, along west right-of-way line |
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of said State Farm to Market Road No. 762, 5,356.02 feet more or |
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less to a point for corner on the northeasterly line of the |
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aforementioned M. M. Ryon Survey, Abstract 380 and the |
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southwesterly line of said M. M. Ryon Survey, Abstract 368; |
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Thence, North 47° 48' 34" West, along the northeasterly line |
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of said M. M. Ryon Survey, Abstract 380 and the southwesterly line |
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of said M. M. Ryon Survey, Abstract 368, 3,571.19 feet more or less |
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to the POINT OF BEGINNING and containing 1,339.9 acres of land more |
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or less. |
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TRACT 2 |
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BEGINNING at a point for the northwest corner of that certain |
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called 95.392 acre tract (referred to as Parcel PS09-C03) conveyed |
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to Texas Genco Holdings, Inc by an instrument of record in File |
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Number 2002094433, F.B.C.O.P.R., said Texas Genco Holdings, Inc |
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formerly known as NRG Texas, LP by certificate of Merger dated March |
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15, 2006 and filed for record under File Number 2006042648, |
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F.B.C.O.P.R., and now known as NRG Texas Power LLC by certificate of |
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Merger dated June 28, 2007 and filed for record under File Number |
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2007089660, F.B.C.O.P.R., said point being on the southerly |
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right-of-way line of Smithers Lake Road (Width varies); |
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Thence, South 36° 10' 27" West, along the west line of said |
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95.392 acre tract, 73.99 feet more or less to a point for corner; |
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Thence, South 53° 49' 32" East, along a southwesterly line of |
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said 95.392 acre tract, 2,501.52 feet more or less to a point for |
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corner; |
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Thence, South 53° 49' 45" East, continuing along a |
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southwesterly line of said 95.392 acre tract, 10.54 feet more or |
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less to a point for corner on the easterly line of the |
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aforementioned Abraham D. Kelker Survey, same being the westerly |
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line of the H. A. Alsbury Survey, Abstract 102, Fort Bend County, |
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Texas; |
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Thence, South 22° 26' 59" West, along the easterly line of |
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said Abraham D. Kelker Survey and the westerly line of said H. A. |
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Alsbury Survey, 5,076.45 feet more or less to a point for the south |
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corner of said Abraham D. Kelker Survey and said H. A. Alsbury |
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Survey, said point being on the northerly line of the A. P. George |
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Survey, Abstract 754, Fort Bend County, Texas; |
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Thence, North 67° 33' 01" West, along the southerly line of |
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said Abraham D. Kelker Survey and the northerly line of said A. P. |
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George Survey, 8,571.11 feet more or less to a point for corner on |
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the east right-of-way line of State Farm to Market Road No. 762 |
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(called 80 feet wide); |
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Thence, North 22° 26' 59" East, along the east right-of-way |
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line of said State Farm Market Road No. 762, 7,245.94 feet more or |
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less to a point for corner at the intersection of the east |
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right-of-way line of said State Farm to Market Road No. 762 and the |
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aforementioned southerly right-of-way line of Smithers Lake Road; |
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Thence, South 53° 49' 32" East, along the southerly |
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right-of-way line of said Smithers Lake Road, 6,329.05 feet more or |
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less to the POINT OF BEGINNING and containing 1,215.6 acres of land. |
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Said Tract 1 and Tract 2 containing a total of 2,555.5 acres |
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of land more or less. |
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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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8063, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8063.0307 to read as follows: |
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Sec. 8063.0307. 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 immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |
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* * * * * |