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  S.B. No. 813
 
 
 
 
  relating to the creation of the Harris County Municipal Utility
  District No. 528; providing authority to impose a tax and issue
  bonds; granting a limited power of eminent domain.
         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 8318 to read as follows:
  CHAPTER 8318.  HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8318.001.  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 Harris County Municipal
  Utility District No. 528.
         Sec. 8318.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8318.003.  CONFIRMATION AND DIRECTORS' 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. 8318.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8318.003
  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. 8318.005.  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. 8318.006.  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.
  [Sections 8318.007-8318.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8318.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8318.052, directors serve
  staggered four-year terms.
         Sec. 8318.052.  TEMPORARY DIRECTORS.  (a)  On or after
  September 1, 2011, 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 8318.003; or
               (2)  September 1, 2015.
         (c)  If permanent directors have not been elected under
  Section 8318.003 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 8318.003; 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.
  [Sections 8318.053-8318.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8318.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8318.102.  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. 8318.103.  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. 8318.104.  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. 8318.105.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
  OR RESOLUTION.  The district shall comply with all applicable
  requirements of any ordinance or resolution adopted by the city
  council of the City of Baytown.
         Sec. 8318.106.  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 8318.103; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
  [Sections 8318.107-8318.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8318.151.  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 8318.153.
         (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. 8318.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8318.151, 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. 8318.153.  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.
  [Sections 8318.154-8318.200 reserved for expansion]
  SUBCHAPTER  E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8318.201.  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. 8318.202.  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. 8318.203.  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 Harris County Municipal Utility District No.
  528 initially includes all the territory contained in the following
  area:
  TRACT 1
  FIELD NOTES of a 27.8347 acre tract of land situated in the William
  Scott Lower league, Abstract No. 65, Harris County, Texas, and
  being out of and a part of a 1541 acre tract of land conveyed to
  Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated
  November 29, 1935, and recorded in Volume 996 at Page 379 of the
  Deed Records of Harris County, Texas. This 27.8347 acre tract of
  land is more particularly described by metes and bounds as follows,
  to-wit:
  NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
  REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
  ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR =
  0.9998389.
  BEGINNING at a concrete right-of-way monument found at the
  intersection of the North right-of-way line of Spur 55
  (right-of-way width varies) and the East right-of-way line of State
  Highway 146 (right-of-way width varies). Said point being
  Westernmost Southwest corner and POINT OF BEGINNING of this tract
  and having a State Plane Coordinate Value of N=13,832,328.10 and
  E=3,250,340.20. Said point being in a curve to the left, concave
  Westerly.
  THENCE: Along and around said curve to the left, in a Northerly
  direction, along the West line of this tract and the East
  right-of-way line of said State Highway No. 146, said curve having a
  central angle of 15°57'18", a radius of 1629.82 feet, and a chord
  bearing and distance of North 23°06'38" East 452.39 feet, for an arc
  length of 453.85 feet to a concrete right-of-way monument found for
  the TERMINATION POINT of said curve.
  THENCE: North 10°06'20" East along the West line of this tract and
  the East right-of-way line of said State Highway No. 146, for a
  distance of 97.12 feet to a 1/2 inch iron rod, with cap, set for the
  Northwest corner of this tract and the Southwest corner of that
  certain 33.00 acre tract of land conveyed by Ashbel Smith
  Management Company, et al, to Goose Creek Consolidated Independent
  School District by Deed dated June 5, 1991 and recorded under County
  Clerk's File No. N174232 of the Official Public Records of Real
  Property of Harris County, Texas.
  THENCE: South 73°11'36" East along the North line of this tract and
  the South line of said 33.00 acre tract for a distance of 1795.57
  feet to a 1/2 inch iron rod, with cap, set in the West right-of-way
  line of Tri-Cities Beach Road (80 feet wide right-of-way) for the
  Southeast corner of said 33.00 acres and the Northeast corner of
  this tract.
  THENCE: South 08°04'39" East along the Northernmost East line of
  this tract and the West right-of-way line of said Tri-Cities Beach
  Road for a distance of 572.67 feet to a 1/2 inch iron rod, with cap,
  set for the Easternmost Southeast corner of this tract at the
  intersection of the West right-of-way line of Tri-Cities Beach Road
  with the North right-of-way line of said Spur 55.
  THENCE: South 49°20'06" West along the Southernmost East line of
  this tract and the North right-of-way line of said Spur 55 for a
  distance of 104.30 feet to 1/2 inch iron rod, with cap, set for the
  Southernmost Southeast corner of this tract and an angle point in
  the North right-of-way line of said Spur 55.
  THENCE: North 73°15'09" West along the South line of this tract and
  the North right-of-way line of said Spur 55 for a distance of 118.36
  feet to a 1/2 inch iron rod, with cap, set for an angle point in said
  line.
  THENCE: North 74°30'59" West along the South line of this tract and
  the North right-of-way line of said Spur 55 for a distance of
  1813.52 feet to a 1/2 inch iron rod, with cap, set for the
  Southernmost Southwest corner of this tract and an angle point in
  the North right-of-way line of said Spur 55.
  THENCE: North 23°25'09" West along the Southernmost West line of
  this tract and the North right-of-way line of said Spur 55 for a
  distance of 135.34 feet to the PLACE OF BEGINNING and containing
  within these boundaries 27.8347 acres of land.
  TRACT 2
  FIELD NOTES of a 28.5456 acre tract of land situated in the William
  Scott Lower league, Abstract No. 65, Harris County, Texas, and
  being out of and a part of a 1541 acre tract of land conveyed to
  Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated
  November 29, 1935, and recorded in Volume 996 at Page 379 of the
  Deed Records of Harris County, Texas. This 28.5456 acre tract of
  land is more particularly described by metes and bounds as follows,
  to-wit:
  NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
  REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
  ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR =
  0.9998389.
  BEGINNING at a 1/2 inch iron rod, with cap, set at the intersection
  of the Northwest right-of-way line of State Highway No. 146 (200
  feet wide right-of-way) with the East right-of-way of the Missouri
  Pacific Railroad (Parcel No. 1 containing 3.66104 acres conveyed by
  Ashbel Smith Land Company to Missouri Pacific Railroad Company by
  Deed dated January 9, 1967 and recorded in Volume 6644 at Page 486
  of the Deed Records of Harris County, Texas). Said point being the
  Southwest corner and POINT OF BEGINNING of this tract and having a
  State Plane Coordinate Value of N=13,831,254.86 and
  E=3,248,223.73.
  THENCE: North 24°15'03" West along the Southernmost West line of
  this tract and the East right-of-way line of said Missouri Pacific
  Railroad for a distance of 540.66 feet to a 1/2 inch iron, with cap,
  set for the BEGINNING POINT of a curve to the right, concave
  Easterly.
  THENCE: Along and around said curve to the right, in a
  Northwesterly direction, along the Southernmost West line of this
  tract and the East right-of-way line of said Missouri Pacific
  Railroad, said curve having a central angle of 06°37'49", a radius
  of 1065.93 feet, and a chord bearing and distance of North 20°56'07"
  West 123.28 feet, for an arc length of 123.35 feet to a fence corner
  post found for an interior corner of this tract and an exterior
  corner of said Missouri Pacific Railroad.
  THENCE: South 71°27'32" West along the Westernmost South line of
  this tract and an exterior line of said Missouri Pacific Railroad
  for a distance of 30.00 feet to a fence corner post found for an
  exterior corner of this tract and an interior corner of said
  Missouri Pacific Railroad; said point being the BEGINNING POINT of
  a curve to the right, concave Easterly.
  THENCE: Along and around said curve to the right, in a Northerly
  direction, along the Northernmost West line of this tract and the
  East right-of-way line of said Missouri Pacific Railroad, said
  curve having a central angle of 17°22'22", a radius of 1095.93 feet,
  and a chord bearing of North 08°57'32" West 331.03 feet, for an arc
  length of 332.30 feet to a 1/2 inch iron rod, with cap, set for the
  TERMINATION POINT of said curve.
  THENCE: North 00°22'43" West along the Northernmost West line of
  this tract and the East right-of-way line of said Missouri Pacific
  Railroad for a distance of 164.82 feet to a fence corner post found
  at the intersection of said line with the South right-of-way line of
  Alexander Drive (120 feet wide right-of-way) for the Northwest
  corner of this tract.
  THENCE: South 88°36'31" East along the South right-of-way line of
  South Alexander Drive and the North line of this tract for a
  distance of 742.80 feet to a concrete right-of-way monument found
  for an angle point in said line.
  THENCE: South 88°51'51" East along the South right-of-way line of
  South Alexander Drive and the North line of this tract for a
  distance of 648.31 feet to a concrete right-of-way monument found
  for the BEGINNING POINT of a curve to the right, concave Southerly.
  THENCE: Along and around said curve to the right, along the North
  line of this tract and the South right-of-way line of said South
  Alexander Drive, in an Easterly direction, said curve having a
  central angle of 07°23'27", a radius of 2804.76 feet, and a chord
  bearing and distance of South 84°50'16" East 361.55 feet, for an arc
  length of 361.80 feet to a 1/2 inch iron rod, with cap, set for the
  Northeast corner of this tract at the intersection of the South
  right-of-way line of South Alexander Drive with a West right-of-way
  line of State Highway No. 146.
  THENCE: South 18°20'49" East along the East line of this tract and a
  West right-of-way line of said State Highway No. 146, for a distance
  of 156.45 feet to a 1/2 inch iron rod, with cap, set for the
  Southeast corner of this tract and an interior corner of said State
  Highway No. 146 right-of-way. Said point being in a curve to the
  right, concave Northerly.
  THENCE: Along and around said curve to the right, in a Westerly
  direction, along the South line of this tract and the North
  right-of-way line of said State Highway No. 146, said curve having a
  central angle of 07°12'01", a chord bearing and distance of South
  48°00'47" West 476.69 feet, for an arc length of 477.00 feet to a 1/2
  inch iron rod, with cap, set for the TERMINATION POINT of said
  curve.
  THENCE: South 59°19'20" West along the South line of this tract and
  the North right-of-way line of said State Highway No. 146 for a
  distance of 478.02 feet to a 1/2 inch iron rod, with cap, set for an
  angle point in said line.
  THENCE: South 65°20'11" West along the South line of this tract and
  the North right-of-way line of said State Highway No. 146 for a
  distance of 756.46 feet to the PLACE OF BEGINNING and containing
  within these boundaries 28.5456 acres of land.
  TRACT 3
  FIELD NOTES of a 180.9042 acre tract of land situated in the William
  Scott Lower League, Abstract No. 65, Harris County, Texas, and
  being out of and a part of a 1541 acre tract of land conveyed to
  Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated
  November 29, 1935, and recorded in Volume 996 at Page 379 of the
  Deed Records of Harris County, Texas. This 180.9042 acre tract of
  land is more particularly described by metes and bounds as follows,
  to-wit:
  NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
  REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
  ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR =
  0.9998389.
  COMMENCING at a 2 inch iron pipe for the Northeast corner of a
  1.5116 acre tract of land called Tract 2 conveyed to Jack A. Howard,
  et al, by Robert O. Busch, et al, by Deed dated March 15, 1978, and
  recorded at County Clerk's file No. F530458 of the Official Public
  Records of Real Property of Harris County, Texas, and in the South
  right-of-way line of State Highway No. 146, 200 foot wide
  right-of-way. Said COMMENCING POINT has a State Plane Coordinate
  Value of N=13,830,522.01 and E=3,247,084.46.
  THENCE: South 16°07'47" West along the East line of said 1.5116
  acres for a distance of 677.44 feet to a 2-1/2 inch metal post for
  the Northwest corner and POINT OF BEGINNING of this tract.
  THENCE: South 89°15'51" East along the North line of this tract for
  a distance of 1329.80 feet to a point for the Northeast corner of
  this tract.
  THENCE: South 00°44'09" West along the East line of this tract for a
  distance of 2982.46 feet to a point for an angle point in said East
  line.
  THENCE: South 19°20'00" West along the East line of this tract for a
  distance of 1000.68 feet to a point for an angle point in said East
  line.
  THENCE: South 31°08'04" West along the East line of this tract for a
  distance of 908.34 feet to a point in the North right-of-way line of
  Evergreen Road (60 feet wide right-of-way) for the Southeast corner
  of this tract.
  THENCE: North 58°51'56" West along the Easternmost South line of
  this tract and the North right-of-way line of Evergreen Road for a
  distance of 409.49 feet to a 1/2 inch iron rod, with cap, for the
  BEGINNING POINT of a curve to the right, concave Northeast.
  THENCE: Along and around said curve, in a Northwesterly direction,
  with the Easternmost South line of this tract of land and the
  Northeast right-of-way line of Evergreen Road, said curve having a
  central angle of 15°59'48", a radius of 789.20 feet, and a chord
  bearing and distance of North 50°50'40" West 219.63 feet, for an arc
  length of 220.34 feet to a 1/2 inch iron rod for the TERMINATION
  POINT of said curve.
  THENCE: North 42°52'16" West along the Easternmost South line of
  this tract of land and the Northeast right-of-way line of Evergreen
  Road for a distance of 685.33 feet to a 1/2 inch iron rod for the
  BEGINNING POINT of a curve to the left, concave Southwest.
  THENCE: Along and around said curve to the left, in a Northerly
  direction, with the Easternmost South line of this tract of land and
  the Northeast right-of-way line of Evergreen Road, said curve
  having a central angle of 03°08'33", a radius of 6814.28 feet, and a
  chord bearing and distance of North 44°27'42" West 373.68 feet, for
  an arc length of 373.73 feet, to a 1/2 inch iron rod for the
  TERMINATION POINT of said curve.
  THENCE: North 46°00'58" West along the Easternmost South line of
  this tract of land and the Northeast right-of-way line of Evergreen
  Road for a distance of 531.26 feet to a 1/2 inch iron rod, with cap,
  for the Southernmost Southwest corner of this tract of land and the
  Southeast corner of an 80 acre tract of land conveyed to Bill W.
  Nance by Alvie Wright Nance, by Deed dated October 22, 1996, and
  recorded under County Clerk's File No. S210455 of the Official
  Public Records of Real Property of Harris County, Texas.
  THENCE: North 50°36'12" East along the Southernmost West line of
  this tract of land and the East line of said 80 acre tract of land,
  and at 2.37 feet pass a 4 inch pipe fence corner post, continuing
  along said line and a barb wire fence a total distance of 536.04
  feet to a 2 inch iron pipe for an interior corner of this tract of
  land and an angle corner of said 80 acre tract of land.
  THENCE: North 54°45'13" West along the Westernmost South line of
  this tract and an exterior line of said 80 acre tract, and along a
  barb wire fence, for a distance of 293.16 feet to a 1/2 inch iron
  rod, with cap, for the Westernmost Southwest corner of this tract.
  THENCE: In a Northerly direction along the Northernmost West line
  of this tract of land and the East line of said 80 acre tract of
  land, and a barb wire fence line the following courses and
  distances:
         North 16°15'01" East for a distance of 1171.99 feet to a 2 inch
  iron pipe;
         North 43°11'17" East for a distance of 341.17 feet to a 2 inch
  iron pipe;
         North 18°00'45" East for a distance of 481.29 feet to a 1/2
  inch iron rod, with cap;
         North 15°59'25" East for a distance of 927.59 feet to the
  PLACE OF BEGINNING and containing within these boundaries 180.9042
  acres of land.
         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 8318.106, 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 8318, Special
  District Local Laws Code, as added by Section 1 of this Act, is
  amended by adding Section 8318.106 to read as follows:
         Sec. 8318.106.  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 Subsection (c),
  Section 17, Article I, Texas Constitution.
         SECTION 5.  Except as provided by Section 4 of this Act, this
  Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 813 passed the Senate on
  March 31, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 813 passed the House on
  May 20, 2011, by the following vote:  Yeas 149, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor