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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 Matthews Ranch Water Control and |
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Improvement District No. 1 of Blanco County; granting a limited |
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power of eminent domain; providing authority to issue bonds; |
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providing authority to impose 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 I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9091 to read as follows: |
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CHAPTER 9091. MATTHEWS RANCH WATER CONTROL AND IMPROVEMENT |
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DISTRICT NO. 1 OF BLANCO COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9091.0101. 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 Matthews Ranch Water Control |
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and Improvement District No. 1 of Blanco County. |
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Sec. 9091.0102. NATURE OF DISTRICT. The district is a water |
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control and improvement district created under Section 52, Article |
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III, and Section 59, Article XVI, Texas Constitution. |
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Sec. 9091.0103. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 9091.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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9091.0103 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. 9091.0105. 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 water control and improvement district as |
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provided by general law and Section 59, Article XVI, Texas |
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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. 9091.0106. 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. 9091.0201. 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 9091.0202, directors |
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serve staggered four-year terms. |
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Sec. 9091.0202. 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 9091.0103; 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 9091.0103 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 9091.0103; 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. 9091.0301. GENERAL POWERS AND DUTIES. (a) The |
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district has the powers and duties necessary to accomplish the |
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purposes for which the district is created. |
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(b) The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 51, Water Code, |
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applicable to water control and improvement districts created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 9091.0302. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, and if approved at an election |
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held under Section 53.029(c), Water Code, 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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inside or outside the district. |
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Sec. 9091.0303. 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. 9091.0304. 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 42.042 or 42.0425, Local Government Code, and |
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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. 9091.0305. 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, at the time the new district is created, contain only land |
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within 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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9091.0103 to elect the district's permanent directors. |
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(f) An order dividing the district must: |
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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 permanent directors' election as required by Section |
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9091.0103. |
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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 or sales and |
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use 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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9091.0104 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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Sec. 9091.0306. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
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DESIGNATED PROPERTY. The district may define areas or designate |
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certain property of the district to pay for improvements, |
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facilities, or services that primarily benefit that area or |
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property and do not generally and directly benefit the district as a |
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whole. |
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Sec. 9091.0307. PROCEDURE FOR ELECTION. (a) Before the |
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district may impose an ad valorem tax or issue bonds payable from ad |
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valorem taxes of the defined area or designated property, the board |
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shall hold an election in the defined area or in the designated |
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property only. |
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(b) The board may submit the issues to the voters on the same |
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ballot to be used in another election. |
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Sec. 9091.0308. DECLARING RESULT AND ISSUING ORDER. (a) If |
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a majority of the voters voting at the election approve the |
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proposition or propositions, the board shall declare the results |
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and, by order, shall establish the defined area and describe it by |
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metes and bounds or designate the specific property. |
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(b) A court may not review the board's order except on the |
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ground of fraud, palpable error, or arbitrary and confiscatory |
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abuse of discretion. |
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Sec. 9091.0309. TAXES FOR SERVICES, IMPROVEMENTS, AND |
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FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
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approval and adoption of the order described by Section 9091.0308, |
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the district may apply separately, differently, equitably, and |
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specifically its taxing power and lien authority to the defined |
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area or designated property to provide money to construct, |
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administer, maintain, and operate services, improvements, and |
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facilities that primarily benefit the defined area or designated |
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property. |
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Sec. 9091.0310. ISSUANCE OF BONDS FOR DEFINED AREA OR |
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DESIGNATED PROPERTY. After the order under Section 9091.0308 is |
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adopted, the district may issue bonds to provide for any land, |
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improvements, facilities, plants, equipment, and appliances for |
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the defined area or designated property. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9091.0401. 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 9091.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 51, 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. 9091.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 9091.0401, 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. 9091.0403. 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. 9091.0501. 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. 9091.0502. 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 Chapter 51, Water Code. |
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Sec. 9091.0503. 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 Matthews Ranch Water Control and Improvement |
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District No. 1 of Blanco County initially includes all the |
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territory contained in the following area: |
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Being all of that certain 745.87 acre tract of land described in |
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Volume 171, Page 912 et seq. of the Official Public Records of said |
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County and all of that certain 55.82 acre tract of land described in |
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Volume 173, Page 242 et seq. of the said Official Public Records; |
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said 801.73 acre tract being more particularly described as |
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follows: |
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BEGINNING at a 3/8 inch iron rod found at the base of a fence post at |
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the northerly northeast corner of the said 745.87 acre tract, being |
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on the south line of that certain 881.7 acre tract described in |
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Volume 62, Page 434 et seq. of the Deed Records of said County and |
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being at the northwest corner of that certain tract described in |
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Volume 98, Page 604 et seq. of the said Deed Records, for the |
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northerly northeast corner hereof; |
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THENCE with the north line of the said 745.87 acre tract, S 88° 38' |
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58" W, a distance of 3390.70 feet along a fence line to a 3/8 inch |
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iron rod found at the base of a fence post at the northwest corner |
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thereof, being at the southwest corner of the said 881.7 acre tract |
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and being on the east line of that certain 990.36 acre tract |
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described in Volume 71, Page 308 et seq. of the said Deed Records, |
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for the northerly northwest corner hereof; |
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THENCE with the westerly line of the said 745.87 acre tract, as |
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fenced, the following four (4) courses: |
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1. S 00° 40' 25" E, a distance of 1881.93 feet to a 3/8 inch |
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iron rod found at the base of a fence post at the southeast corner of |
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the said 990.36 acre tract, |
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2. S 88° 01' 06" W, a distance of 452.73 feet to a 3/8 inch |
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iron rod found at the base of a fence post at the northeast corner of |
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that certain 1332.28 acre tract described in Volume 169, Page 746 |
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et seq. of the Official Public Records of said County, |
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3. S 01° 08' 57" E, a distance of 4321.19 feet to a 3/8 inch |
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iron rod found at the base of a fence post at the westerly southwest |
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corner of the said 745.87 acre tract, being at the northwest corner |
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of the said 55.82 acre tract, and |
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4. S 01° 07' 44" E, a distance of 1491.94 feet to a 3/8 inch |
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iron rod found at the southwest corner of the said 55.82 acre tract, |
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being at the northwest corner of that certain 86.67 acre tract |
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described in Volume 173, Page 245 et seq. of the said Official |
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Public Records, for the southwest corner hereof; |
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THENCE with the south line of the said 55.82 acre tract and north |
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line of the said 86.67 acre tract, S 88° 06' 16" E, a distance of |
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2400.94 feet to a 5/8 inch iron rod found at the southwest corner of |
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the said 55.82 acre tract and northeast corner of the said 86.67 |
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acre tract, being at a southerly southwest corner of the said 745.87 |
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acre tract and at a westerly corner of that certain 153.233 acre |
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tract described in Volume 108, Page 40 et seq. of the Deed Records |
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of said County, for a southerly corner hereof; |
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THENCE with the southerly line of the said 745.87acre tract, as |
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fenced, the following four (4) courses: |
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1. N 46° 34' 07" E, a distance of 690.01 feet to a 4-1/2 inch |
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iron pipe found, |
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2. S 47° 25' 43" E, a distance of 2755.11 feet to a 5/8 inch |
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iron rod found at the base of a fence post, |
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3. N 88° 58' 06" E, a distance of 146.36 feet to a 5/8 inch |
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iron rod found at the base of a fence post at the northeast corner of |
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the said 153.233 acre tract and northwest corner of that certain |
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186.0 acre tract described in Volume 84, Page 296 et seq. of the |
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said Deed Records, and |
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4. N 88° 40' 10" E, a distance of 26.28 feet to a 60d nail |
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found on the centerline of Blanco County Road 202 at the southeast |
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corner of the said 745.87 acre tract, being at the southwest corner |
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of that certain 82.18 acre tract described in said Volume 171, Page |
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912 et seq., for the southeast corner hereof; |
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THENCE with the lower east line of the said 745.87 acre tract and |
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said centerline of Blanco County Road 202, the following two (2) |
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courses: |
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1. N 12° 42' 36" E, a distance of 62.29 feet to a PK nail set, |
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and |
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2. N 50° 44' 45" E, a distance of 74.44 feet to a PK nail set |
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at a southeasterly corner of the said 745.87 acre tract, being on |
|
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the southerly line of that certain 89.95 acre tract described in |
|
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Volume 174, Page 912 et seq. of the said Official Public Records, |
|
|
for a southeasterly corner hereof; |
|
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THENCE departing from the said centerline of Blanco County Road 202 |
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with the lower east line of the said 745.87 acre tract, the |
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following four (4) courses: |
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1. N 40° 26' 05" W, a distance of 48.85 feet to a 2-7/8 inch |
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iron pipe found, |
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2. N 90° 00' 00" W, a distance of 136.99 feet to a 2-7/8 inch |
|
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iron pipe found, |
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3. N 26° 54' 46" E, a distance of 2779.27 feet to a 3/8 inch |
|
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iron rod set, and |
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4. N 10° 38' 07" E, a distance of 316.20 feet to an 8 inch |
|
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diameter Cedar post found at the most easterly northeast corner of |
|
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the said 745.87 acre tract, being at the southwest corner of that |
|
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certain 153.94 acre tract described in Volume 149, Page 679 et seq. |
|
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of the said Deed Records and being at the southeast corner of that |
|
|
certain tract described in Volume 141, Page 52 et seq. of the said |
|
|
Deed Records, for the most easterly northeast corner hereof; |
|
|
THENCE with an easterly north line of the said 745.87 acre tract, S |
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89° 03' 35" W, a distance of 1520.80 feet along a fence line to a |
|
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2-7/8 inch diameter iron pipe fence post found at a reentrant corner |
|
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thereof, being at a southwest corner of the said tract in Volume |
|
|
141, Page 52 et seq., for a reentrant corner hereof; |
|
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THENCE with a lower east line of the said 745.87 acre tract, N 01° |
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10' 48" E, a distance of 1222.95 feet along a fence line to a 2-7/8 |
|
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inch iron pipe fence post found at a northeast corner thereof, being |
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a reentrant corner of the said tract in Volume 141, Page 52 et seq., |
|
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for a northeast corner hereof; |
|
|
THENCE with a lower north line of the said 745.87 acre tract, N 89° |
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44' 58" W, a distance of 1054.68 feet along a fence line to a 3/8 |
|
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inch iron rod found at the base of a fence post at a reentrant corner |
|
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thereof, being at the westerly southwest corner of the said tract in |
|
|
Volume 141, Page 52 et seq., for a reentrant corner hereof; |
|
|
THENCE with the upper east line of the said 745.87 acre tract, as |
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fenced, the following two (2) courses: |
|
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1. N 01° 33' 44" W, a distance of 2185.92 feet to a 10 inch |
|
|
diameter Cedar post found at the northwest corner of the said tract |
|
|
in Volume 141, Page 52 et seq., being at the southwest corner of the |
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said tract described in Volume 98, Page 604 et seq., and |
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|
2. N 00° 08' 53" W, a distance of 2933.48 feet to the POINT OF |
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BEGINNING, containing 801.73 acres of land, more or less. |
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|
BEGINNING at a 5/8 inch iron rod found at the northeast corner of |
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the said 86.67 acre tract, being at a southerly corner of that |
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certain 745.87 acre tract described in Volume 171, Page 912 et seq. |
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of the said Official Public Records and being at a westerly corner |
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of that certain 153.2233 acre tract described in Volume 108, Page 41 |
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et seq. of the Deed Records of said County, for the northeast corner |
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hereof; |
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THENCE with the east line of the said 86.67 acre tract, as fenced, |
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the following nine (9) courses: |
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1. S 22° 55' 39" E, a distance of 249.50 feet to a 4-1/2 inch |
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diameter iron pipe fence post found, |
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2. S 20° 09'25" E, a distance of 52.02 feet to a 4-1/2 inch |
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diameter iron pipe fence post found, |
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3. S 22° 38' 55" E, a distance of 85.81feet to a 4-1/2 inch |
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diameter iron pipe fence post found, |
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4. S 14° 18' 46" W, a distance of 170.20 feet to a 4-1/2 inch |
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diameter iron pipe fence post found, |
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5. S 16° 42' 28" W, a distance of 309.70 feet to a 5/8 inch |
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iron rod found at a fence post, |
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6. S 40° 16' 31" W, a distance of 279.85 feet to a 5/8 inch |
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iron rod found at a fence post, and |
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7. S 57° 23' 37" W, a distance of 214.03 feet to a 4-1/2 inch |
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diameter iron pipe fence post found at the southwest corner of the |
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said 153.233 acre tract and northeast corner of that certain 446.8 |
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acre tract described in Volume 108, Page 40 et seq. of the said Deed |
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Records, |
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8. S 56° 50' 18" W, a distance of 1250.73 feet to a 4-1/2 inch |
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diameter iron pipe fence post found, and |
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9. S 70° 07' 05' W, a distance of 90.35 feet to a 4-1/2 inch |
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diameter iron pipe fence post found at the southerly southeast |
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corner of the said 86.67 acre tract, for the southerly southeast |
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corner hereof; |
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THENCE with the south line of the said 86.67 acre tract, as fenced, |
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the following two (2) courses: |
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1. N 70° 46' 14" W, a distance of 288.82 feet to a 4-1/2 inch |
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diameter iron pipe fence post found, and |
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2. N 71° 25' 20" W, a distance of 651.41 feet to a 3/8 inch |
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iron rod found at the southwest corner of the said 86.67 acre tract, |
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for the southwest corner hereof; |
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THENCE with the west line of the said 86.67 acre tract, N 01° 09' 49" |
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W, a distance of 1640.18 feet to a 3/8 inch iron rod found at the |
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northwest corner thereof, being at the southwest corner of the said |
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55.82 acre tract, for the northwest corner hereof; |
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THENCE with the north line of the said 86.67 acre tract and south |
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line of the said 55.82 acre tract, S 88° 06' 16" E, a distance of |
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2400.94 feet to the POINT OF BEGINNING, containing 86.69 acres of |
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land, more or less. |
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BEGINNING at an iron pipe fence post found at the southwest corner |
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of said Tract 3, being at a reentrant corner of that certain 745.87 |
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acre tract described in Volume 172, Page 1 et seq. of the said |
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Official Public Records, for the southwest corner hereof; |
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THENCE with the south line of said Tract 3, N 89° 23' 29" E, a |
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distance of 1267.45 feet to a 3/8 inch iron rod set for the |
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southerly southwest corner of a 141.98 acre tract this day surveyed |
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and the southeast corner hereof; |
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THENCE departing from said south line and passing over and across |
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said Tract 3 and Tract 2 with the general course of an existing |
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fence line, the following twelve (12) courses: |
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1. N 18° 38' 15" W, a distance of 418.56 feet to an iron pipe |
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fence post found, |
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2. N 66° 45' 42" E, a distance of 62.33 feet to an iron pipe |
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fence post found, |
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3. N 06° 41' 05" W, a distance of 128.36 feet to an iron pipe |
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fence post found, |
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4. N 87° 55' 15" W, a distance of 1001.89 feet to an iron pipe |
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fence post found, |
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5. N 01° 33' 43" E, a distance of 512.41 feet to an iron pipe |
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fence post found, |
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6. N 89° 38' 26" W, a distance of 621.05 feet to an iron pipe |
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fence post found, |
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7. N 70° 37' 36" E, a distance of 18.44 feet to an iron pipe |
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fence post found, |
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8. N 07° 01' 56" W, a distance of 822.37 feet to an iron pipe |
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fence post found, |
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9. N 76° 11' 49" W, a distance of 1181.91 feet to an iron pipe |
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fence post found, |
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10. N 06° 51' 58" E, a distance of 617.55 feet to an iron pipe |
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fence post found, |
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11. S 77° 48' 22" E, a distance of 325.37 feet to an iron pipe |
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fence post found, and |
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12 N 00 ° 27' 02" W, a distance of 663.37 feet to a 60d nail |
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found at the base of a fence post at the southwest corner of said |
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Tract 1, being at the southeast corner of that certain 39.77 acre |
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tract described in Volume 158, Page 510 et seq. of the said Official |
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Public Records, for a reentrant corner of the said 222.24 acre tract |
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and the northeast corner hereof; |
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THENCE with the north line of said Tract 2 and south line of the said |
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39.77 acre tract, S 89° 34' 42" W, a distance of 1033.67 feet along |
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an existing fence line to a 10 inch diameter Cedar post found at the |
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northwest corner of said Tract 2, being at the southwest corner of |
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the said 39.77 acre tract and being on the east line of the said |
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745.87 acre tract, for the northwest corner hereof; |
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THENCE with the west line of said Tract 2 and continuing with the |
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west line of said Tract 3, same being the east line of the said |
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745.87 acre tract, and generally along an existing fence line, the |
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following three (3) courses: |
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1. S 01 ° 12' 33" E, a distance of 2186.06 feet to a 1/2 inch |
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iron rod found at the base of a fence post, |
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2. S 89° 23' 36" E, a distance of 1055.19 feet to a 3/8 inch |
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iron rod found at the base of a fence post, and |
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3. S 01° 32' 33" E, a distance of 1222.74 feet to the POINT OF |
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BEGINNING, containing 80.26 acres 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, |
|
|
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 |
|
|
9091, Special District Local Laws Code, as added by Section 1 of |
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|
this Act, is amended by adding Section 9091.0311 to read as follows: |
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|
Sec. 9091.0311. 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 |
|
|
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 |
|
|
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. |
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* * * * * |