Bill Text: TX HB3047 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 167; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective immediately [HB3047 Detail]
Download: Texas-2019-HB3047-Enrolled.html
H.B. No. 3047 |
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relating to the creation of the Montgomery County Municipal Utility | ||
District No. 167; 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 8065 to read as follows: | ||
CHAPTER 8065. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 167 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8065.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Montgomery County Municipal | ||
Utility District No. 167. | ||
Sec. 8065.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8065.0103. 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. 8065.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8065.0103 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. 8065.0105. 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. 8065.0106. 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. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8065.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8065.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8065.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Jesus Espinoza; | ||
(2) Norman E. Gutierrez; | ||
(3) John D. Eckstrum; | ||
(4) Tommy Nichol; and | ||
(5) Blake Cogdell. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8065.0103; 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 8065.0103 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 8065.0103; 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. 8065.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8065.0302. 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. 8065.0303. 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. 8065.0304. 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. 8065.0305. 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. 8065.0306. 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) Any 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 | ||
8065.0103 to confirm the creation of the district. | ||
(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 or among 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) Any new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 8065.0103. | ||
(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) 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 that of the original | ||
district. | ||
Sec. 8065.0307. LIMITATION ON USE OF EMINENT DOMAIN. The | ||
district may not exercise the power of eminent domain outside the | ||
district to acquire a site or easement for: | ||
(1) a road project authorized by Section 8065.0303; or | ||
(2) a recreational facility as defined by Section | ||
49.462, Water Code. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8065.0401. 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 8065.0403. | ||
(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. 8065.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8065.0401, 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. 8065.0403. 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. 8065.0501. 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. 8065.0502. 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. 8065.0503. 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 Montgomery County Municipal Utility District | ||
No. 167 initially includes all the territory contained in the | ||
following area: | ||
BEING 242.128 ACRES OF LAND, MORE OR LESS, WITH 74.18 ACRES SITUATED | ||
IN THE THOMAS DOUGLAS SURVEY, ABSTRACT NUMBER 187 AND 167.88 ACRES | ||
SITUATED IN THE MATTHEW CARTWRIGHT SURVEY, ABSTRACT NUMBER 126, ALL | ||
IN MONTGOMERY COUNTY, TEXAS AND BEING OUT OF THAT CERTAIN CALLED | ||
249.943 ACRE TRACT CONVEYED IN SPECIAL WARRANTY DEED TO AVANTI | ||
2854, LLC, RECORDED UNDER CLERK'S FILE NUMBER 2017006860 OFFICIAL | ||
PUBLIC RECORDS OF MONTGOMERY COUNTY, TEXAS, TOGETHER WITH THAT | ||
CERTAIN CALLED 0.4658 ACRE TRACT CONVEYED TO AVANTI 2854, LLC, | ||
RECORDED UNDER CLERK'S FILE NUMBER 2018092894 OFFICIAL PUBLIC | ||
RECORDS OF MONTGOMERY COUNTY, TEXAS, SAVE AND EXCEPT THAT CERTAIN | ||
CALLED 8.341 ACRE TRACT AS CONVEYED BY AVANTI 2854, LLC TO | ||
MONTGOMERY COUNTY, TEXAS, A POLITICAL SUBDIVISION OF THE STATE OF | ||
TEXAS, RECORDED IN EXCHANGE DEED UNDER CLERK'S FILE NUMBER | ||
2018092878 OFFICIAL PUBLIC RECORDS OF MONTGOMERY COUNTY, TEXAS; | ||
SAID 242.128 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS | ||
WITH ALL BEARINGS AND COORDINATES REFERENCED TO THE TEXAS | ||
COORDINATE SYSTEM, CENTRAL ZONE 4203 NAD-83, ALL COORDINATES SHOWN | ||
ARE GRID AND MAY BE CONVERTED TO SURFACE BY MULTIPLYING BY THE | ||
COMBINED ADJUSTMENT FACTOR OF 1.00061987: | ||
BEGINNING at the lower Northwest corner of the called 249.943 acre | ||
tract located at the intersection of the South right-of-way of | ||
Katie Road, a variable width right-of-way designated as a "County | ||
Road" (no deed found), with the East right-of-way of F. M. Highway | ||
2854, a variable width right-of-way as referenced in Deed from J. H. | ||
Talley to the County of Montgomery, State of Texas and recorded in | ||
Volume 716, Page 132 Montgomery County Deed Records; said point | ||
having a coordinate value of North 10,114,844.41 and East | ||
3,774,584.72; | ||
THENCE North 87° 21' 23" East for a distance of 1209.36 feet along | ||
the lower North line of the called 249.943 acre tract and South line | ||
of Katie Road to an interior Northwest corner of the herein | ||
described tract and further located at the East line of the Thomas | ||
Douglas Survey and the West line of the Matthew Cartwright Survey; | ||
THENCE North 03° 25' 54" West along the upper West line of the called | ||
249.943 acre tract, continuing along the East line of the Thomas | ||
Douglas Survey and the West line of the Matthew Cartwright Survey | ||
passing the North line of Katie Road and the Southeast corner of | ||
that certain called 13.38 acre tract conveyed to Ronald G. | ||
McCracken and spouse, Laura J. McCracken recorded under Clerk's | ||
File Number 2006-077430 Montgomery County Real Property Records, | ||
continuing a deed call distance of 1334.52 feet to the 13.38 acre | ||
tract Northeast corner and being an angle point of the herein | ||
described tract at an upper Southeast corner of that certain called | ||
16.027 acre tract conveyed to Ronald G. McCracken, et ux, recorded | ||
under Clerk's File Number 2007-0573 Montgomery County Real Property | ||
Records; | ||
THENCE North 02° 04' 38" West for a distance of 260.11 feet | ||
continuing along the East line of the Thomas Douglas Survey and the | ||
West line of the Matthew Cartwright Survey, common to the upper East | ||
line of the called 16.027 acre tract, to the upper Northwest corner | ||
of the herein described tract and the upper Northwest corner of the | ||
called 249.943 acre tract, and located at the Southwest corner of | ||
that certain called 85.194 acre tract conveyed to the Estate of Carl | ||
A. Sudbury, et al to Martha D. Mayer, Trustee, recorded under | ||
Clerk's File Number 2000-003039 Montgomery County Real Property | ||
Records | ||
THENCE North 86° 44' 51" East along the South line of the called | ||
85.194 acre tract for a distance of 1570.87 feet to a point for | ||
angle at the called 85.194 acre tract Southeast corner and a | ||
Southwest corner of a called 207 acre tract conveyed to Jasper | ||
Duncan Cartwright and recorded in Volume 626, Page 86 Montgomery | ||
County Deed Records; | ||
THENCE North 73° 43' 03" East along the South line of the called 207 | ||
acre tract for a distance of 673.34 feet to a point for the | ||
Northeast corner of the herein described tract located in the | ||
Westerly high-bank of Mound Creek; | ||
THENCE with the following courses and distances along the Westerly | ||
high-bank of Mound Creek: | ||
1) South 34° 16' 12" East for a distance of 44.50 feet to a point | ||
for corner; | ||
2) South 67° 14' 09" East for a distance of 51.81 feet to a point | ||
for corner; | ||
3) South 54° 16' 20" East for a distance of 22.71 feet to a point | ||
for corner; | ||
4) South 14° 59' 12" West for a distance of 33.77 feet to a point | ||
for corner/; | ||
5) South 49° 10' 18" East for a distance of 21.62 feet to a point | ||
for corner; | ||
6) South 08° 50' 45" East for a distance of 32.07 feet to a point | ||
for corner; | ||
7) South 14° 29' 14" West for a distance of 59.23 feet to a point | ||
for corner; | ||
8) South 19° 56' 34" East for a distance of 59.05 feet to a point | ||
for corner; | ||
9) South 06° 16' 39" East for a distance of 90.94 feet to a point | ||
for corner; | ||
10) South 11° 21' 07" East for a distance of 38.72 feet to a point | ||
for corner; | ||
11) South 32° 51' 33" East for a distance of 103.15 feet to a point | ||
for corner; | ||
12) South 31° 08' 48" East for a distance of 111.54 feet to a point | ||
for corner; | ||
13) South 67° 19' 47" East for a distance of 37.51 feet to a point | ||
for corner; | ||
14) South 39° 35' 32" East for a distance of 31.28 feet to a point | ||
for corner; | ||
15) South 27° 22' 39" East for a distance of 173.85 feet to a point | ||
for corner; | ||
16) South 00° 37' 47" East for a distance of 35.63 feet to a point | ||
for corner; | ||
17) South 26° 43' 57" East for a distance of 34.32 feet to a point | ||
for corner; | ||
18) South 49° 57' 22" East for a distance of 106.17 feet to a point | ||
for corner; | ||
19) South 43° 57' 10" East for a distance of 174.91 feet to a point | ||
for corner; | ||
20) South 00° 25' 37" East for a distance of 255.88 feet to a point | ||
for corner; | ||
21) South 23° 28' 27" E for a distance of 14.24 feet to a point | ||
THENCE South 86° 19' 53" West for a distance of 82.61 feet along the | ||
West line of the aforesaid called 207 acre tract to an interior | ||
corner of the herein described tract; | ||
THENCE South 03° 16' 56" East for a distance of 1398.16 feet | ||
continuing along the West line of the called 207 acre tract to a | ||
point for the upper Southeast corner of the herein described tract | ||
and Southeast corner of the called 249.943 acre tract and being in | ||
the North line of that certain called 75 acre tract conveyed to | ||
Jasper Duncan Cartwright in Deed recorded in Volume 626, Page 509 | ||
Montgomery County Deed Records; | ||
THENCE South 86° 41' 48" West for a distance of 1041.81 feet along | ||
the Cartwright North line to an interior corner of the herein | ||
described tract | ||
THENCE South 12° 01' 56" East for a distance of 329.46 feet to a | ||
Southeast corner of the herein described tract at an interior | ||
corner of the called 75 acre tract; | ||
THENCE South 87° 26' 11" West for a distance of 1692.85 feet along | ||
the Westerly North line of the called 75 acre tract to a Northwest | ||
corner of the called 75 acre tract at an interior corner of the | ||
herein described tract; | ||
THENCE South 06° 29' 00" E for a distance of 354.36 feet along the | ||
West line of the called 75 acre tract to the Southwest corner of the | ||
called 74 acre tract and being an interior corner of the herein | ||
described tract; | ||
THENCE North 87° 41' 38" East for a distance of 144.44 feet to a | ||
lower Northeast corner of the herein described tract and being a | ||
Northwest corner of that certain called 98.2 acre tract conveyed to | ||
Patricia Joe Schuller in Deed recorded in Volume 626, Page 78 | ||
Montgomery County Deed Records; | ||
THENCE South 03° 16' 52" East along the West line of the called 98.2 | ||
acre tract and the West line of a called 9.0054 acre tract conveyed | ||
to James Michael Brown recorded under Clerk's File Number 9703943 | ||
Montgomery County Real Property Records; in all, a distance of | ||
1900.40 feet to the Southeast corner of the herein described tract; | ||
THENCE South 87° 11' 56" West along the North line of that certain | ||
called 5.435 acre tract conveyed to Patricia S. Smith recorded | ||
under Clerk's File Number 9346082 Montgomery County Real Property | ||
Records, and along the North line of that certain called 1.000 acre | ||
tract conveyed to Barnie E. Edwards recorded under Clerk's File | ||
Number 8213103 Montgomery County Real Property Records for a | ||
distance of 559.03 feet to the Southwest corner of the herein | ||
described tract, located in the East line of F. M. 2854; | ||
THENCE with the following courses and distances along the East line | ||
of F. M. 2854 and the West line of the called 249.943 acre tract as | ||
follows: | ||
1) North 36° 18' 16" West for a distance of 246.29 feet to a point | ||
for corner; | ||
2) North 28° 02' 36" West for a distance of 577.02 feet to the | ||
beginning of a non-tangential curve to the right; | ||
3) Along said curve turning to the right through an angle of 13° 16' | ||
17", having a radius of 2804.83 feet, an arc length of 649.68 feet | ||
and whose long chord bears North 21° 15' 04" West for a distance of | ||
648.23 feet to a point of intersection with a non-tangential line; | ||
4) North 08° 21' 11" West for a distance of 286.54 feet to a point | ||
for corner at the Southwest corner of the aforementioned called | ||
8.341 acre tract; | ||
THENCE with the following courses and distances along the called | ||
8.341 acre tract: | ||
1) North 38° 33' 59" East for a distance of 79.38 feet to a point | ||
for corner; | ||
2) North 85° 41' 19" East for a distance of 431.79 feet to the | ||
beginning of a curve to the left; | ||
3) With said curve turning to the left through an angle of 90° 00' | ||
00", having a radius of 201.00 feet, an arc length of 315.73 feet | ||
and whose long chord bears North 40° 41' 19" East for a distance of | ||
284.26 feet to a point for corner; | ||
4) North 04° 18' 41" West for a distance of 148.00 feet to the | ||
beginning of a curve to the left; | ||
5) Along said curve turning to the left through an angle of 90° 00' | ||
00", having a radius of 201.00 feet, an arc length of 315.73 feet | ||
and whose long chord bears North 49° 18' 41" West for a distance of | ||
284.26 feet; | ||
6) South 85° 41' 19" West for a distance of 433.95 feet to a point | ||
for corner; | ||
7) North 50° 06' 44" West for a distance of 71.76 feet to a point | ||
for corner in the East line of F. M. 2854; | ||
THENCE with the following courses and distances along the East line | ||
of F. M. 2854 and the West line of the called 249.943 acre tract as | ||
follows: | ||
1) North 05° 14' 58" West for a distance of 129.46 feet to a point | ||
for corner; | ||
2) North 07° 34' 43" West for a distance of 190.26 feet to a point | ||
for corner; | ||
3) North 11° 52' 28" West for a distance of 584.29 feet to the | ||
beginning of a non-tangential curve to the left; | ||
4) Along said curve turning to the left through 03° 40' 20", having | ||
a radius of 5809.65 feet, an arc length of 372.36 feet and whose | ||
long chord bears North 16° 15' 44" West for a distance of 372.30 feet | ||
to the Point of Beginning and containing a calculated area of | ||
242.128 acres. | ||
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) Section 8065.0307, Special District Local | ||
Laws Code, as added by Section 1 of this Act, takes effect only if | ||
this Act receives a two-thirds vote of all the members elected to | ||
each house. | ||
(b) If this Act does not receive a two-thirds vote of all the | ||
members elected to each house, Subchapter C, Chapter 8065, Special | ||
District Local Laws Code, as added by Section 1 of this Act, is | ||
amended by adding Section 8065.0307 to read as follows: | ||
Sec. 8065.0307. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(c) 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3047 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 123, Nays 17, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3047 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |