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relating to the creation of the Fort Bend County Municipal Utility |
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District No. 212; providing authority to impose a tax and issue |
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bonds; granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8445 to read as follows: |
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CHAPTER 8445. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 212 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8445.001. 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 Fort Bend County Municipal |
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Utility District No. 212. |
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Sec. 8445.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8445.003. 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. 8445.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8445.003 |
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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. 8445.005. 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 municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas 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. 8445.006. 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. 8445.051. 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 8445.052, directors serve |
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staggered four-year terms. |
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Sec. 8445.052. 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 8445.003; 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 8445.003 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 8445.003; 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. 8445.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8445.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8445.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, 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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Sec. 8445.104. 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, zoning and |
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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. 8445.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8445.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) 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 8445.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, 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. 8445.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8445.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water 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. 8445.153. 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. 8445.201. 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. 8445.202. 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 Sections 54.601 and 54.602, Water Code. |
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Sec. 8445.203. 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 Fort Bend County Municipal Utility District |
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No. 212 initially includes all the territory contained in the |
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following area: |
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TRACT 1 |
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BEING a 444.86 acre tract of land situated in the John Foster |
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2-1/2 League Grant, Abstract No. 26 of Fort Bend County, Texas and |
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being part of a called 1410.69 acre tract of land described as |
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Second Tract and all of a called 265.11 acre tract described as |
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Forth Tract and all of a called 34.8 acre tract described as Sixth |
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Tract also all of a called 0.72 acre tract described as Seventh |
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Tract in a conveyance to Foster Farms, Inc. recorded in Volume 362, |
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Page 549 of the Fort Bend County Deed Records (F.B.C.D.R.), said |
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444.86 acre tract of land described by metes and bounds as follows: |
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BEGINNING at the northeast corner of said 265.11 acre tract |
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and being in the southern right-of-way line of F. M. 359 (100-foot |
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wide); |
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THENCE, S 00° 39' 06" E, a distance of 4,527.65 feet to the |
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southeast corner of the herein described tract and being in the |
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southern right-of-way line of Beadle Drive (80-feet wide); |
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THENCE, S 89° 58' 40" W, a distance of 5,735.23 feet along |
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said southern right-of-way line to the southwest corner of the |
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herein described tract and being in the west line of said 1410.69 |
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acre tract and the east line of a called 3063.45 acre tract |
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described as First Tract in the deed recorded in Volume 362, Page |
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549 of the F.B.C.D.R.; |
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THENCE, NORTH, a distance of 2,145.78 feet along the line |
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common to said 1410.69 acre tract and said 3063.45 acre tract to an |
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angle point; |
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THENCE, N 00° 03' 10" E, a distance of 212.73 feet to the most |
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westerly northwest corner of the herein described tract and being |
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in the centerline of Jones Creek; |
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THENCE, along the centerline of Jones Creek the following |
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courses and distances: |
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S 78° 51' 08" E, a distance of 391.70 feet to a point for |
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corner; |
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N 84° 10' 17" E, a distance of 331.68 feet to a point for |
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corner; |
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N 76° 23' 23" E, a distance of 204.37 feet to a point for |
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corner; |
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N 70° 21' 24" E, a distance of 176.10 feet to a point for |
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corner; |
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N 65° 02' 57" E, a distance of 120.94 feet to a point for |
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corner; |
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N 73° 07' 51" E, a distance of 134.93 feet to a point for |
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corner; |
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N 40° 10' 10" E, a distance of 140.10 feet to a point for |
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corner; |
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N 29° 07' 50" E, a distance of 206.30 feet to a point for |
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corner; |
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N 36° 42' 30" E, a distance of 179.60 feet to a point for |
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corner; |
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N 46° 15' 10" E, a distance of 231.00 feet to a point for |
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corner; |
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N 57° 46' 30" E, a distance of 210.50 feet to a point for |
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corner; |
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N 60° 28' 30" E, a distance of 234.75 feet to a point for |
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corner; |
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N 63° 30' 20" E, a distance of 209.90 feet to a point for |
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corner; |
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N 75° 53' 50" E, a distance of 245.40 feet to a point for |
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corner; |
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N 84° 23' 30" E, a distance of 314.25 feet to a point for |
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corner; |
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S 87° 35' 30" E, a distance of 228.80 feet to a point for |
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corner; |
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S 78° 18' 00" E, a distance of 302.14 feet to a point for |
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corner; |
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S 71° 40' 10" E, a distance of 173.50 feet to a point for |
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corner; |
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S 79° 09' 30" E, a distance of 326.40 feet to a point for |
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corner; |
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N 79° 30' 30" E, a distance of 151.50 feet to a point for |
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corner; |
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N 50° 57' 20" E, a distance of 209.40 feet to a point for |
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corner; |
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N 29° 11' 50" E, a distance of 147.40 feet to a point for |
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corner; |
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N 02° 35' 50" E, a distance of 202.20 feet to a point for |
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corner; |
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N 07° 38' 30" W, a distance of 560.65 feet to a point for |
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corner; |
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N 06° 01' 40" W, a distance of 671.97 feet to the most |
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northerly northwest corner of the herein described tract; |
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THENCE, S 78° 30' 50" E, a distance of 117.07 feet to the |
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southwest corner of said 0.72 acre tract; |
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THENCE, N 11° 29' 10" E, a distance of 23.31 feet to northwest |
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corner of said 0.72 acre tract and being in the southern |
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right-of-way line of said F. M. 359; |
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THENCE, along the southern right-of-way lines of said F. M. |
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359 the following courses and distances: |
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S 69° 55' 20" E, a distance of 1,402.20 feet to the point |
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of curvature of a curve to the right; |
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In an Southeasterly direction along said curve to the |
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right, a distance of 92.41 feet, having a radius of 3,770.00 feet, a |
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central angle of 01° 24' 16" and a chord which bears S 69° 13' 12" E, |
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92.41 feet to the POINT OF BEGINNING and containing 454.86 acres of |
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land, save and except a called 10.00 acre tract described and |
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recorded under F.B.C.C.F. No. 2005020111 leaving a net acreage of |
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444.86 acres of land. |
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TRACT 2 |
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BEING a 47.97 acre tract of land situated in the John Foster |
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2-1/2 League Grant, Abstract No. 26 of Fort Bend County, Texas and |
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being part of a called 3063.45 acre tract of land described as First |
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Tract in a conveyance to Foster Farms, Inc. recorded in Volume 362, |
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Page 549 of the Fort Bend County Deed Records (F.B.C.D.R.), said |
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47.97 acre tract of land described by metes and bounds as follows: |
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COMMENCING at the southwest corner of a called 128.109 acre |
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tract described and recorded in Volume 757, Page 585 of the |
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F.B.C.D.R.; |
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THENCE, N 00° 03' 10" E, a distance of 127.03 feet along the |
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west line of said 128.109 acre tract to the southeast corner of the |
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herein described tract and being the POINT OF BEGINNING; |
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THENCE, along the lines common to the herein described tract |
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and a called 39.503 acre tract described and recorded in Volume 27, |
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Page 548 of the F.B.C.D.R. the following courses and distances: |
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N 75° 04' 00" W, a distance of 14.61 feet to a point for |
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corner; |
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N 64° 54' 00" W, a distance of 170.00 feet to a point for |
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corner; |
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N 59° 54' 00" W, a distance of 164.00 feet to a point for |
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corner; |
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N 47° 02' 00" W, a distance of 566.00 feet to a point for |
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corner; |
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N 48° 54' 00" W, a distance of 1000.00 feet to a point |
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for corner; |
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N 62° 04' 00" W, a distance of 242.00 feet to a point for |
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corner; |
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N 37° 29' 00" W, a distance of 447.00 feet to a point for |
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corner; |
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N 10° 20' 00" W, a distance of 123.00 feet to a point for |
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corner; |
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N 22° 41' 00" W, a distance of 145.00 feet to a point for |
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corner; |
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N 04° 35' 00" E, a distance of 166.50 feet to a point for |
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corner; |
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N 29° 03' 00" E, a distance of 161.50 feet to a point for |
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corner; |
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N 59° 03' 00" E, a distance of 150.00 feet to a point for |
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corner; |
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N 86° 43' 00" E, a distance of 300.00 feet to a point for |
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corner; |
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S 44° 11' 00" E, a distance of 600.00 feet to a point for |
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corner; |
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S 35° 19' 00" E, a distance of 225.00 feet to a point for |
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corner; |
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S 56° 05' 00" E, a distance of 400.00 feet to a point for |
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corner; |
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S 69° 31' 00" E, a distance of 300.00 feet to a point for |
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corner; |
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S 88° 24' 00" E, a distance of 300.00 feet to a point for |
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corner; |
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N 77° 12' 00" E, a distance of 63.36 feet to the |
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northeast corner of the herein described tract and being in the west |
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line of said 128.109 acre tract; |
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THENCE, S 00° 03' 10" W, a distance of 1,389.24 feet along the |
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west line of said 128.109 acre tract to the POINT OF BEGINNING and |
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containing 47.97 acres of land. |
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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, |
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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 |
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8445, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8445.106 to read as follows: |
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Sec. 8445.106. 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 |
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legislative interpretation of the requirements of Subsection (c), |
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Section 17, Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1068 passed the Senate on |
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April 18, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1068 passed the House on |
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May 20, 2013, by the following vote: Yeas 147, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |