By: Dutton (Senate Sponsor - Whitmire) H.B. No. 4752

(In the Senate - Received from the House May 8, 2019; May 10, 2019, read first time and referred to Committee on Intergovernmental Relations; May 20, 2019, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; May 20, 2019, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 4752 By: Menéndez

A BILL TO BE ENTITLED

AN ACT

relating to the territory of the Barrett Management District.

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

SECTION 1. Section 3930.005, Special District Local Laws Code, is amended to read as follows:

Sec. 3930.005. DISTRICT TERRITORY. (a) The district is composed of the territory described by Section 2 of the Act enacting this chapter, as that territory may have been modified under this section, Section 3930.107, or other law.

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

(1) organization, existence, or validity; or

(2) legality or operation.

(c) The district shall hold an election in the additional territory in the new boundaries of the district described by Section 2 of the Act enacting this subsection on a uniform election date provided by Section 41.001, Election Code, to confirm the addition of the territory to the district.

(d) Notice of the confirmation election shall state the day and place or places for holding the election and the proposition to be voted on.

(e) The ballots for the confirmation election shall be printed to provide for voting "For New District Boundaries" and "Against New District Boundaries."

(f) Immediately after the confirmation election, the presiding judge shall take returns of the results to the board. The board shall canvass the returns and issue an order declaring the results at the earliest practicable time. The order must include a description of the district's boundaries according to the results of the election.

(g) If at least 60 percent of the votes cast in the election favor the addition of the territory to the district, the board shall issue an order declaring that the additional territory is added to the district and enter the result in its minutes. If less than 60 percent of the votes cast in the election favor the addition of the territory to the district, the board shall issue an order declaring that the addition was defeated and enter the result in its minutes.

(h) A copy of each order issued under this section must be filed:

(1) in the deed records of Harris County; and

(2) with the Texas Commission on Environmental Quality.

(i) Notwithstanding Subsections (a) and (b) of this section, if at least 60 percent of the votes cast in the election favor the addition of the territory in the new boundaries described by Section 2 of the Act enacting this subsection to the district, the district is composed of the territory in those new boundaries, as that territory may have been modified under Section 3930.107 or other law. The boundaries of the district contained in Section 2 of the Act enacting this subsection form a closure. A mistake in the description of the district contained in Section 2 of the Act enacting this subsection or in copying the description in the legislative process does not in any way affect the district's:

(1) organization, existence, or validity; or

(2) legality or operation.

(j) If less than 60 percent of the votes cast in the election favor the addition of the territory in the new boundaries described by Section 2 of the Act enacting this subsection to the district:

(1) Subsections (a) and (b) apply to the territory of the district; and

(2) the new boundaries described by Section 2 of the Act enacting this subsection are void.

SECTION 2. The Barrett Management District includes all the territory contained in the area enclosed by:

(1) Sralla Road from Kennings Road to Barbers Hill Road;

(2) Barbers Hill Road from Sralla Road to Crosby Lynchburg Road;

(3) Crosby Lynchburg Road from Barbers Hill Road to Floyd Road;

(4) Floyd Road from Crosby Lynchburg Road to the San Jacinto River;

(5) the San Jacinto River from Floyd Road to Beaumont Highway;

(6) Beaumont Highway from the San Jacinto River to Crosby Lynchburg Road;

(7) Crosby Lynchburg Road from Beaumont Highway to the northbound U.S. Highway 90 Frontage Road;

(8) the northbound U.S. Highway 90 Frontage Road from Crosby Lynchburg Road to Kennings Road; and

(9) Kennings Road from the northbound U.S. Highway 90 Frontage Road to Sralla Road.

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, lieutenant governor, and 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 have been fulfilled and accomplished.

SECTION 4. 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, 2019.

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