87R11345 SGM-F
 
  By: Wilson H.B. No. 4609
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Williamson County Municipal Utility
  District No. 40; granting a limited power of eminent domain;
  providing authority to issue bonds; providing authority to impose
  assessments, fees, and taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8141 to read as follows:
  CHAPTER 8141. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 40
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8141.0101.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Liberty Hill.
               (3)  "Commission" means the Texas Commission on
  Environmental Quality.
               (4)  "Director" means a board member.
               (5)  "District" means the Williamson County Municipal
  Utility District No. 40.
         Sec. 8141.0102.  NATURE OF DISTRICT. The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8141.0103.  CONFIRMATION AND DIRECTOR ELECTION
  REQUIRED. The temporary directors shall hold an election to
  confirm the creation of the district and to elect five permanent
  directors as provided by Section 49.102, Water Code.
         Sec. 8141.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  8141.0103 until each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located has
  consented by ordinance or resolution to the creation of the
  district and to the inclusion of land in the district.
         Sec. 8141.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
  (a) The district is created to serve a public purpose and benefit.
         (b)  The district is created to accomplish the purposes of:
               (1)  a municipal utility district as provided by
  general law and Section 59, Article XVI, Texas Constitution; and
               (2)  Section 52, Article III, Texas Constitution, that
  relate to the construction, acquisition, improvement, operation,
  or maintenance of macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8141.0106.  INITIAL DISTRICT TERRITORY. (a) The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting this chapter form a closure. A mistake made in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for the purposes
  for which the district is created or to pay the principal of and
  interest on a bond;
               (3)  right to impose a tax; or
               (4)  legality or operation.
         Sec. 8141.0107.  EFFECT OF ANNEXATION. Notwithstanding any
  other law, if all or part of the territory of the district is
  annexed by the city into the city's corporate limits, the district:
               (1)  retains all of the district's outstanding debt and
  obligations; and
               (2)  is not dissolved.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8141.0201.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8141.0202, directors
  serve staggered four-year terms.
         Sec. 8141.0202.  TEMPORARY DIRECTORS. (a) On or after the
  effective date of the Act enacting this chapter, the owner or owners
  of a majority of the assessed value of the real property in the
  district may submit a petition to the commission requesting that
  the commission appoint as temporary directors the five persons
  named in the petition. The commission shall appoint as temporary
  directors the five persons named in the petition.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8141.0103; or
               (2)  the fourth anniversary of the effective date of
  the Act enacting this chapter.
         (c)  If permanent directors have not been elected under
  Section 8141.0103 and the terms of the temporary directors have
  expired, successor temporary directors shall be appointed or
  reappointed as provided by Subsection (d) to serve terms that
  expire on the earlier of:
               (1)  the date permanent directors are elected under
  Section 8141.0103; or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (d)  If Subsection (c) applies, the owner or owners of a
  majority of the assessed value of the real property in the district
  may submit a petition to the commission requesting that the
  commission appoint as successor temporary directors the five
  persons named in the petition. The commission shall appoint as
  successor temporary directors the five persons named in the
  petition.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8141.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8141.0302.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES. The district has the powers and duties provided by the
  general law of this state, including Chapters 49 and 54, Water Code,
  applicable to municipal utility districts created under Section 59,
  Article XVI, Texas Constitution.
         Sec. 8141.0303.  AUTHORITY FOR ROAD PROJECTS. Under Section
  52, Article III, Texas Constitution, the district may design,
  acquire, construct, finance, issue bonds for, improve, operate,
  maintain, and convey to this state, a county, or a municipality for
  operation and maintenance macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8141.0304.  ROAD STANDARDS AND REQUIREMENTS. (a) A
  road project must meet all applicable construction standards,
  zoning and subdivision requirements, and regulations of each
  municipality in whose corporate limits or extraterritorial
  jurisdiction the road project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards,
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
         Sec. 8141.0305.  COMPLIANCE WITH MUNICIPAL CONSENT
  ORDINANCE OR RESOLUTION. The district shall comply with all
  applicable requirements of any ordinance or resolution that is
  adopted under Section 54.016 or 54.0165, Water Code, and that
  consents to the creation of the district or to the inclusion of land
  in the district.
         Sec. 8141.0306.  DIVISION OF DISTRICT. (a) The district may
  be divided into two or more new districts only if the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  This chapter applies to any new district created by the
  division of the district, and a new district has all the powers and
  duties of the district.
         (c)  A new district created by the division of the district
  may not, at the time the new district is created, contain any land
  outside the area described by Section 2 of the Act enacting this
  chapter.
         (d)  The board, on its own motion or on receipt of a petition
  signed by the owner or owners of a majority of the assessed value of
  the real property in the district, may adopt an order dividing the
  district.
         (e)  The board may adopt an order dividing the district
  before or after the date the board holds an election under Section
  8141.0103 to confirm the district's creation.
         (f)  An order dividing the district shall:
               (1)  name each new district;
               (2)  include the metes and bounds description of the
  territory of each new district;
               (3)  appoint temporary directors for each new district;
  and
               (4)  provide for the division of assets and liabilities
  between the new districts.
         (g)  On or before the 30th day after the date of adoption of
  an order dividing the district, the district shall file the order
  with the commission and record the order in the real property
  records of each county in which the district is located.
         (h)  A new district created by the division of the district
  shall hold a confirmation and directors' election as required by
  Section 8141.0103.  If the voters of a new district do not confirm
  the creation of the new district, the assets, obligations,
  territory, and governance of the new district revert to the
  original district.
         (i)  If the creation of the new district is confirmed, the
  new district shall provide the election date and results to the
  commission.
         (j)  Any new district created by the division of the district
  must hold an election as required by this chapter to obtain voter
  approval before the district may impose a maintenance tax or issue
  bonds payable wholly or partly from ad valorem taxes.
         (k)  Municipal consent to the creation of the district and to
  the inclusion of land in the district granted under Section
  8141.0104 acts as municipal consent to the creation of any new
  district created by the division of the district and to the
  inclusion of land in the new district.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8141.0401.  ELECTIONS REGARDING TAXES OR BONDS. (a)
  The district may issue, without an election, bonds and other
  obligations secured by:
               (1)  revenue other than ad valorem taxes; or
               (2)  contract payments described by Section 8141.0403.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 54, Water Code, to obtain voter approval
  before the district may impose an ad valorem tax or issue bonds
  payable from ad valorem taxes.
         (c)  The district may not issue bonds payable from ad valorem
  taxes to finance a road project unless the issuance is approved by a
  vote of a two-thirds majority of the district voters voting at an
  election held for that purpose.
         Sec. 8141.0402.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held under Section 8141.0401, the
  district may impose an operation and maintenance tax on taxable
  property in the district in accordance with Section 49.107, Water
  Code.
         (b)  The board shall determine the tax rate. The rate may not
  exceed the rate approved at the election.
         Sec. 8141.0403.  CONTRACT TAXES. (a) In accordance with
  Section 49.108, Water Code, the district may impose a tax other than
  an operation and maintenance tax and use the revenue derived from
  the tax to make payments under a contract after the provisions of
  the contract have been approved by a majority of the district voters
  voting at an election held for that purpose.
         (b)  A contract approved by the district voters may contain a
  provision stating that the contract may be modified or amended by
  the board without further voter approval.
  SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
         Sec. 8141.0501.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS. The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, contract payments, grants, or other district money, or any
  combination of those sources, to pay for any authorized district
  purpose.
         Sec. 8141.0502.  TAXES FOR BONDS. At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of a continuing
  direct ad valorem tax, without limit as to rate or amount, while all
  or part of the bonds are outstanding as required and in the manner
  provided by Sections 54.601 and 54.602, Water Code.
         Sec. 8141.0503.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of bonds or other obligations
  issued or incurred to finance road projects and payable from ad
  valorem taxes may not exceed one-fourth of the assessed value of the
  real property in the district.
         SECTION 2.  The Williamson County Municipal Utility District
  No. 40 initially includes all the territory contained in the
  following area:
         BEING 1229.695 acres of land, situated in the E. Leichtle
  Survey No. 5, Abstract No. 382 in Williamson County, Texas and
  Abstract No. 524 in Burnet County, Texas, being all of that certain
  tract of land called to contain 950.635 acres in a Warranty Deed
  with Vendor's Lien to Higher Ground Capital, LLC as described in
  Document No. 2020149480, all of that certain tract of land called
  to contain 171.85 acres in a Warranty Deed with Vendor's Lien to
  Higher Ground Capital, LLC as described in Document No. 2020149349
  of the Official Public Records of Williamson County, Texas and all
  of that certain tract of land called to contain 107.21 acres to Todd
  Cox as described in a General Warranty Deed with Vendor's Lien in
  Document No. 2019023574 of the Official Public Records of
  Williamson County, Texas and 201911838 of the Official Public
  Records of Burnet County, Texas; said 1229.695 acres being more
  particularly described as follows, with bearings based on the Texas
  Coordinate System of 1983, South Central Zone:
         BEGINNING: at a calculated point on the Northeastern
  right-of-way of State Highway No. 29 (ROW Varies) for the
  westernmost southwestern corner of the said 171.85-acre tract, a
  corner of the said 950.635-acre tract;
         THENCE: Along the Northeasterly right-of-way of said State
  Highway 29 with the three (3) following courses and distances;
         (1)  North 51°06'07" West a distance of 296.61 feet to a
  calculated point for corner;
         (2)  North 51°39'07" West a distance of 1356.59 feet to a
  calculated point for the southeastern corner of the said
  107.21-acre tract, the southwestern corner of the said 950.635-acre
  tract, for a corner of this herein described tract;
         (3)  North 51°19'37" West a distance of 635.82 feet to a
  calculated point for the southwestern corner of the said
  107.21-acre tract, the southeastern corner of that certain tract of
  land called to contain 20.01 acres in a General Warranty Deed to
  Good Neighbor Storage, LLC in Document No. 2014097763 of the
  Official Public Records of Williamson County, Texas, for the
  southwestern corner of this herein described tract;
         THENCE: North 00°25'08" East a distance of 2138.38 feet along
  the Eastern line of the said 20.01-acre tract, a line of the said
  107.21-acre tract to a calculated point for the northeastern corner
  of the said 20.01-acre tract, a corner of the said 107.21-acre
  tract, for a corner of this herein described tract;
         THENCE: North 89°23'42" West a distance of 1686.80 feet along
  a southern line of the said 107.21 acre tract, the northern line of
  the said 20.01 acre tract, the northern line of that certain tract
  of land called to contain 10.02 acres to Esmaeil Rowshan as
  described in a Warranty Deed with Vendor's Lien in Document
  No. 2006078138 of the Official Public Records of Williamson County,
  Texas to a calculated point on the northeastern line of Burnet
  County Road 266, for the westernmost southwestern corner of the
  said 107.21 acre tract, the northwestern corner of the said 10.02
  acre tract, for a corner of this herein described tract;
         THENCE: North 20°55'38" West a distance of 1337.12 feet along
  a western line of the said 107.21 acre tract, the northeastern line
  of said Burnet County Road 266 to a calculated point for the
  westernmost corner of the said 107.21 acre tract, the southwestern
  corner of that certain tract of land called to contain 12.94 acres
  to Howard Coursey as described in a General Warranty Deed in
  Document No. 2020149480 of the Official Public Records of Burnet
  County, Texas, for a corner of this herein described tract;
         THENCE: South 71°18'58" East a distance of 690.80 feet along
  the southern line of the said 12.94-acre tract, a line of the said
  107.21-acre tract to a calculated point for the southeastern corner
  of the said 12.94-acre tract, an interior corner of the said
  107.21-acre tract, for a corner of this herein described tract;
         THENCE: North 18°42'55" East a distance of 674.10 feet along a
  western line of the said 107.21-acre tract, to a calculated point
  for the northeastern corner of the said 12.94-acre tract, the
  southeastern corner of that certain tract of land called to contain
  13.50 acres to Edward F. Clark as described in a Warranty Deed in
  Document No. 201703973 of the Official Public Records of Burnet
  County, Texas, for a corner of this herein described tract;
         THENCE: North 18°37'00" East a distance of 450.79 feet
  continuing with a western line of the said 107.21-acre tract to a
  calculated point for a corner of the said 107.21-acre tract, the
  northeastern corner of the said 13.50-acre tract, for a corner of
  this herein described tract;
         THENCE: North 71°19'01" West a distance of 50.03 feet along a
  line of the said 107.21-acre tract, the northern line of the said
  13.50-acre tract to a calculated point for a corner of the said
  107.21-acre tract, the southeastern corner of that certain tract of
  land called to contain 5.59 acres to Brazos L. Cardwell as described
  in a General Warranty Deed in Document No. 201605277 of the
  Official Public Records of Burnet County, Texas, for a corner of
  this herein described tract;
         THENCE: North 18°42'39" East a distance of 1219.14 feet along
  a western line of the said 107.21-acre tract, the eastern line of
  the said 5.59-acre tract to a calculated point on the southern line
  of Burnet County Road 264, for the northeastern corner of the said
  5.59-acre tract, the northernmost northwestern corner of the said
  107.21-acre tract, for a corner of this herein described tract;
         THENCE: South 71°25'54" East a distance of 49.97 feet along
  the southern line of said Burnet County Road 264 to a calculated
  point for the northernmost northeastern corner of the said
  107.21-acre tract, the northwestern corner of that certain tract of
  land called to contain 3.10 acres to Louise Dalton as described in a
  Warranty Deed in Document No. 200709836 of the Official Public
  Records of Burnet County, Texas;
         THENCE: South 18°41'18" West a distance of 1149.99 feet along
  a line of the said 107.21 acre tract, the western line of the said
  3.10 acre, the western line of that certain tract of land being the
  remainder of a called 19.66 acres to Marsha Johnson as described in
  a Special Warranty Deed with Vendor's Lien in Volume 1348, Page 405
  of the Official Public Records of Burnet County, Texas to a
  calculated point for the southwestern corner of the said 19.66 acre
  tract, a corner of the said 107.21 acre tract, for a corner of this
  herein described tract;
         THENCE: South 70°12'07" East a distance of 476.31 feet along
  the southern line of the said 19.66 acre tract, a line of the
  remainder of a 16.64 acre tract in Volume 658, Page 200 of the Deed
  Records of Williamson County, Texas to a calculated point for the
  westernmost corner of that certain tract of land called to contain
  21.113 acres to David S. Karpenske as described in Document
  No. 2018059486 of the Official Public Records of Williamson County,
  Texas, a corner of the said 107.21 acre tract, for a corner of this
  herein described tract;
         THENCE: along the common lines of the said 107.21-acre tract
  and the said 21.113-acre tract with the following four (4) courses
  and distances;
         (1)  South 45°17'39" East a distance of 487.78 feet to a
  calculated point for a corner of this herein described tract;
         (2)  South 07°31'40" East a distance of 790.14 feet to a
  calculated point for a corner of this herein described tract;
         (3)  North 79°56'03" East a distance of 320.49 feet to a
  calculated point for a corner of this herein described tract;
         (4)  North 88°03'43" East a distance of 417.90 feet to a
  calculated point on the Western line of the said 950.635-acre
  tract, for the southeastern corner of the said 21.113-acre tract,
  for a corner of this herein described tract;
         THENCE: North 00°26'00" East a distance of 1913.53 feet along
  the eastern line of the said 21.113-acre tract, the eastern line of
  that certain tract of land called to contain 10.663 acres to Clinton
  C. Hamilton as described in a Receiver's Deed in Document
  No. 2019097604 of the Official Public Records of Williamson County,
  Texas, to a calculated point on the southwesterly right-of-way of
  the Southern Pacific Railroad (100' Right-of-way) for the
  northeastern corner of the said 10.663 acres, the northwestern
  corner of the said 950.635 acre tract, for the Northwestern corner
  of this herein described tract;
         THENCE: Along the southwestern right-of-way of the said
  Southern Pacific Railroad with the seven (7) following courses and
  distances;
         (1)  South 71°25'42" East a distance of 7871.28 feet to a
  calculated point for corner;
         (2)  South 71°30'49" East a distance of 877.87 feet to a
  calculated point for corner;
         (3)  South 71°28'50" East a distance of 1044.93 feet to a
  calculated point for corner;
         (4)  South 69°26'50" East a distance of 218.43 feet to a
  calculated point for corner;
         (5)  South 62°26'50" East a distance of 194.63 feet to a
  calculated point for corner;
         (6)  South 59°27'52" East a distance of 1288.91 feet to a
  calculated point for corner;
         (7)  South 59°25'43" East a distance of 919.44 feet to a
  calculated point for the most northern corner of that certain tract
  of land called to contain 22.005 acres to Edena Bray Harris as
  described in an Executor's Deed in Document No. 2018052583 of the
  Official Public Records of Williamson County, Texas, for the
  easternmost corner of the said 950.635-acre tract, for the
  easternmost corner of this herein described tract;
         THENCE: South 68°43'21" West a distance of 291.70 feet
  departing the southwesterly right-of-way line of said Southern
  Pacific Railroad and the along the northerly line of the said
  22.005-acre tract to a calculated point for the northwestern corner
  of the said 22.005-acre tract, the northern most corner of that
  certain tract of land called to contain 546.33 acres to Butler
  Family Partnership, Ltd as described in Document No. 2010087926 of
  the Official Public Record of Williamson County, Texas, for a
  corner of this herein described tract;
         THENCE: along the northwesterly line of the said 546.33-acre
  tract, with the following three (3) courses and distances;
         (1)  South 68°42'10" West a distance of 401.10 feet to a
  calculated point for corner;
         (2)  South 67°54'46" West a distance of 681.61 feet to a
  calculated point for corner;
         (3)  South 69°38'35" West a distance of 380.63 feet to a
  calculated point for corner;
         THENCE: South 69°40'05" West a distance of 1081.10 feet
  continuing along the northwesterly line of the said 546.33-acre
  tract and the northwesterly of the certain tract of land called to
  contain 134.741 acres to Dinah Beth Brothers in a Warranty Deed with
  Vendor's Lien in Document No. 2008063553 of the Official Public
  Records of Williamson County, Texas, to a calculated point for a
  corner of this herein described tract;
         THENCE: continuing along the northwesterly line of the said
  134.741-acre tract with the following seven (7) courses and
  distances;
         (1)  North 54°17'26" West a distance of 18.60 feet to a
  calculated point for corner;
         (2)  South 68°44'09" West a distance of 948.36 feet to a
  calculated point for corner;
         (3)  South 68°11'18" West a distance of 602.77 feet to a
  calculated point for corner;
         (4)  South 68°35'55" West a distance of 588.11 feet to a
  calculated point for corner;
         (5)  South 77°19'22" West a distance of 35.17 feet to a
  calculated point for corner;
         (6)  South 45°15'34" West a distance of 10.93 feet to a
  calculated point for corner;
         (7)  South 68°37'50" West a distance of 835.61 feet to a
  calculated point for the northwesterly corner of the said
  134.741-acre tract, the same being the northernmost corner of that
  certain tract of land called to contain 76.00 acres of land to LH29
  Land Holdings, LLC as described in a General Warranty Deed in
  Document NO. 2015110967 of the Official Public Records of
  Williamson County, Texas for a corner of this herein described
  tract;
         THENCE: along the northwesterly line of the said 76.00 -acre
  tract of land with the following four (4) courses and distances;
         (1)  South 68°50'47" West a distance of 289.93 feet to a
  calculated point for corner;
         (2)  South 69°12'48" West a distance of 766.35 feet to a
  calculated point for corner;
         (3)  South 69°26'08" West a distance of 160.97 feet to a
  calculated point for corner;
         (4)  South 68°27'56" West a distance of 417.26 feet to a
  calculated point for the northwesterly corner of the said
  76.00-acre tract, the northernmost corner of that certain tract of
  land called to contain 43.88 acres to Wilson Lay & Theary Korng as
  described in a General Warranty Deed with Vendor's Lien in Document
  No. 2015099491 of the Official Public Records of Williamson County,
  Texas, for a corner of this herein described tract;
         THENCE: South 69°02'02" West a distance of 131.00 feet along
  the northwesterly line of the said 43.88-acre tract to a calculated
  point for the easternmost corner of the said 171.85-acre tract, for
  a corner of this herein described tract;
         THENCE: South 69°22'52" West a distance of 1724.86 feet
  continuing along the southeasterly line of the said 171.85-acre
  tract, the northwestern line of the said 43.88-acre tract to a
  calculated point on the northeastern right-of-way line of said
  State Highway 29 for the northwestern corner of the said 43.88-acre
  tract, the southernmost corner of the said 171.85-acre tract, for
  the southernmost corner of this herein described tract;
         THENCE: along the northeasterly line of said State Highway
  29, the southwestern line of the said 171.85-acre tract with the
  following four (4) courses and distances;
         (1)  North 54°31'00" West a distance of 278.88 feet to a
  calculated point for corner;
         (2)  North 48°34'12" West a distance of 301.11 feet to a
  calculated point for corner;
         (3)  North 54°15'16" West a distance of 201.54 feet to a
  calculated point for corner;
         (4)  North 48°39'46" West a distance of 1017.60 feet to a
  calculated point for corner;
         THENCE: Continuing along the northeastern line of said State
  Highway 29, the southwestern line of the said 171.85-acre tract
  with a curve to the left having a Delta angle of 01°15'37", a Radius
  of 11519.16 feet, an Arc length of 253.39 feet with the chord of the
  curve North 48°37'54" West a distance of 253.38 feet to the POINT OF
  BEGINNING and CONTAINING an area of 1229.695 acres of land, more or
  less.
         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
  8141, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8141.0307 to read as follows:
         Sec. 8141.0307.  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, 2021.