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relating to the creation of the Double R Municipal Utility |
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Districts Nos. 1 and 2 of Hunt County; granting a limited power of |
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eminent domain; providing authority to issue bonds; providing |
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authority to impose assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. CREATION OF MUNICIPAL UTILITY DISTRICTS |
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SECTION 1.01. Subtitle F, Title 6, Special District Local |
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Laws Code, is amended by adding Chapter 7955 to read as follows: |
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CHAPTER 7955. DOUBLE R MUNICIPAL UTILITY DISTRICT NO. 1 OF HUNT |
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COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7955.001. 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 Double R Municipal Utility |
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District No. 1 of Hunt County. |
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Sec. 7955.002. 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. 7955.003. 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. 7955.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7955.003 |
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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 |
|
|
district and to the inclusion of land in the district. |
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|
Sec. 7955.005. 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 |
|
|
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. 7955.006. INITIAL DISTRICT TERRITORY. (a) The |
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|
district is initially composed of the territory described by |
|
|
Section 2.01 of the Act enacting this chapter. |
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|
(b) The boundaries and field notes contained in Section 2.01 |
|
|
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; |
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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. 7955.051. 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 7955.052, directors serve |
|
|
staggered four-year terms. |
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|
Sec. 7955.052. TEMPORARY DIRECTORS. (a) On or after |
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|
September 1, 2015, 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. |
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|
(b) Temporary directors serve until the earlier of: |
|
|
(1) the date permanent directors are elected under |
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|
Section 7955.003; or |
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|
(2) September 1, 2019. |
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|
(c) If permanent directors have not been elected under |
|
|
Section 7955.003 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 7955.003; or |
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|
(2) the fourth anniversary of the date of the |
|
|
appointment or reappointment. |
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|
(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. |
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SUBCHAPTER C. POWERS AND DUTIES |
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|
Sec. 7955.101. GENERAL POWERS AND DUTIES. The district has |
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|
the powers and duties necessary to accomplish the purposes for |
|
|
which the district is created. |
|
|
Sec. 7955.102. 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. 7955.103. 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. 7955.104. 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. 7955.105. 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. 7955.106. 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 extraterritorial jurisdiction of a city. |
|
|
(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) Subject to consent of a city described by Section |
|
|
7955.004 and in accordance with Section 7955.105, the board may |
|
|
adopt an order dividing the district before or after the date the |
|
|
board holds an election under Section 7955.003 to confirm the |
|
|
creation of the district and before or after an election under |
|
|
Section 7955.151 to authorize the issuance of bonds. |
|
|
(f) An order dividing the district must: |
|
|
(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 7955.003. |
|
|
(i) 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. |
|
|
(j) If the creation of the new district is confirmed, the |
|
|
new district shall provide the election date and results to the |
|
|
commission. |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 7955.151. 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 7955.153. |
|
|
(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. 7955.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
|
authorized at an election held under Section 7955.151, 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. 7955.153. 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. |
|
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
|
Sec. 7955.201. 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. 7955.202. 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. 7955.203. 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 1.02. Subtitle F, Title 6, Special District Local |
|
|
Laws Code, is amended by adding Chapter 7956 to read as follows: |
|
|
CHAPTER 7956. DOUBLE R MUNICIPAL UTILITY DISTRICT NO. 2 OF HUNT |
|
|
COUNTY |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 7956.001. 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 Double R Municipal Utility |
|
|
District No. 2 of Hunt County. |
|
|
Sec. 7956.002. NATURE OF DISTRICT. The district is a |
|
|
municipal utility district created under Section 59, Article XVI, |
|
|
Texas Constitution. |
|
|
Sec. 7956.003. 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. 7956.004. CONSENT OF MUNICIPALITY REQUIRED. The |
|
|
temporary directors may not hold an election under Section 7956.003 |
|
|
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. 7956.005. 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. 7956.006. INITIAL DISTRICT TERRITORY. (a) The |
|
|
district is initially composed of the territory described by |
|
|
Section 2.02 of the Act enacting this chapter. |
|
|
(b) The boundaries and field notes contained in Section 2.02 |
|
|
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. 7956.051. GOVERNING BODY; TERMS. (a) The district is |
|
|
governed by a board of five elected directors. |
|
|
(b) Except as provided by Section 7956.052, directors serve |
|
|
staggered four-year terms. |
|
|
Sec. 7956.052. TEMPORARY DIRECTORS. (a) On or after |
|
|
September 1, 2015, 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 7956.003; or |
|
|
(2) September 1, 2019. |
|
|
(c) If permanent directors have not been elected under |
|
|
Section 7956.003 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 7956.003; 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. |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 7956.101. GENERAL POWERS AND DUTIES. The district has |
|
|
the powers and duties necessary to accomplish the purposes for |
|
|
which the district is created. |
|
|
Sec. 7956.102. 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. 7956.103. 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. 7956.104. 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. 7956.105. 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. 7956.106. 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 extraterritorial jurisdiction of a city. |
|
|
(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) Subject to consent of a city described by Section |
|
|
7956.004 and in accordance with Section 7956.105, the board may |
|
|
adopt an order dividing the district before or after the date the |
|
|
board holds an election under Section 7956.003 to confirm the |
|
|
creation of the district and before or after an election under |
|
|
Section 7956.151 to authorize the issuance of bonds. |
|
|
(f) An order dividing the district must: |
|
|
(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 7956.003. |
|
|
(i) 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. |
|
|
(j) If the creation of the new district is confirmed, the |
|
|
new district shall provide the election date and results to the |
|
|
commission. |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 7956.151. 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 7956.153. |
|
|
(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. 7956.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
|
authorized at an election held under Section 7956.151, 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. 7956.153. 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. |
|
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
|
Sec. 7956.201. 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. 7956.202. 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. 7956.203. 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. |
|
|
ARTICLE 2. METES AND BOUNDS |
|
|
SECTION 2.01. DOUBLE R MUNICIPAL UTILITY DISTRICT NO. 1 OF |
|
|
HUNT COUNTY. The Double R Municipal Utility District No. 1 of Hunt |
|
|
County initially includes all the territory contained in the |
|
|
following area: |
|
|
BEING a tract of land located in Hunt County, Texas, being partially |
|
|
located in the Town of Josephine, a part of the John Noble Survey, |
|
|
Abstract Number 1319, and being a part of that called Tract 1 |
|
|
described in a special warranty deed from Heritage Land Bank, FLCA |
|
|
to Double R Land Company, LLC as recorded in Document Number |
|
|
2011-312, Hunt County Deed Records, and being further described as |
|
|
follows: |
|
|
BEGINNING at the southeast corner of said Tract 1, said point being |
|
|
in the center of Hunt County Road Number 2668 and in the center of |
|
|
Hunt County Road Number 2667; |
|
|
THENCE North 88 degrees 17 minutes 02 seconds West, 1339.79 feet |
|
|
along the south line of said Tract 1 and along the center of Hunt |
|
|
County Road Number 2667 to a point for corner in the center of |
|
|
Collin County Road Number 1213; |
|
|
THENCE North 00 degrees 41 minutes 18 seconds West, 3009.34 feet to |
|
|
a point for corner in the north line of said Tract 1, said point |
|
|
being in the center of Collin County Road Number 679 and in the |
|
|
center of Hunt County Road Number 2668; |
|
|
THENCE along the north line of said Tract 1 and along the center of |
|
|
Hunt County Road Number 2668 as follows: |
|
|
South 88 degrees 41 minutes 48 seconds East, 1195.71 feet to a |
|
|
point for corner; |
|
|
South 68 degrees 18 minutes 26 seconds East, 87.86 feet to a |
|
|
point for corner; |
|
|
South 52 degrees 07 minutes 25 seconds East, 86.36 feet to a |
|
|
point for corner; |
|
|
South 33 degrees 39 minutes 31 seconds East, 52.49 feet to a |
|
|
point for corner; |
|
|
South 19 degrees 35 minutes 28 seconds East, 58.08 feet to a |
|
|
point for corner in the east line of said Tract 1; |
|
|
THENCE South 00 degrees 22 minutes 19 seconds West, 2838.20 feet |
|
|
along the center of Hunt County Road Number 2668 to the POINT OF |
|
|
BEGINNING and containing 94.30 acres of land. |
|
|
SECTION 2.02. DOUBLE R MUNICIPAL UTILITY DISTRICT NO. 2 OF |
|
|
HUNT COUNTY. The Double R Municipal Utility District No. 2 of Hunt |
|
|
County initially includes all the territory contained in the |
|
|
following area: |
|
|
BEING a tract of land located in Hunt County, Texas, a part of the |
|
|
John Copeland Survey, Abstract Number 170, a part of the Fields |
|
|
Prewitt Survey, Abstract Number 853, and being all of that called |
|
|
Tract 2, Parcels 1, 2, 3, 4, 5B, 6, 7, and a part of that called |
|
|
Tract 2, Parcel 8 described in a special warranty deed from Heritage |
|
|
Land Bank, FLCA to Double R Land Company, LLC as recorded in |
|
|
Document Number 2011-312, Hunt County Deed Records, and being |
|
|
further described as follows: |
|
|
BEGINNING at the southeast corner said Parcel 1, said point being in |
|
|
the north right-of-way line of Farm-to-Market Road Number 6; |
|
|
THENCE along the north right-of-way line of Farm-to-Market Road |
|
|
Number 6 as follows: |
|
|
South 89 degrees 34 minutes 51 seconds West, 510.50 feet to |
|
|
the southwest corner of said Parcel 1 and at the southeast corner of |
|
|
said Parcel 4; |
|
|
South 89 degrees 43 minutes 23 seconds West, 2391.49 feet to a |
|
|
point for corner in the center of a creek; |
|
|
THENCE along the center of said creek as follows: |
|
|
North 63 degrees 54 minutes 12 seconds West, 9.51 feet to a |
|
|
point for corner; |
|
|
North 42 degrees 22 minutes 42 seconds West, 83.62 feet to a |
|
|
point for corner; |
|
|
North 62 degrees 36 minutes 58 seconds West, 71.53 feet to a |
|
|
point for corner; |
|
|
North 60 degrees 40 minutes 53 seconds West, 47.16 feet to a |
|
|
point for corner; |
|
|
North 33 degrees 59 minutes 02 seconds West, 61.30 feet to a |
|
|
point for corner; |
|
|
North 43 degrees 32 minutes 39 seconds West, 68.57 feet to a |
|
|
point for corner; |
|
|
North 04 degrees 53 minutes 06 seconds West, 23.37 feet to a |
|
|
point for corner; |
|
|
North 32 degrees 07 minutes 04 seconds East, 17.43 feet to a |
|
|
point for corner; |
|
|
North 37 degrees 41 minutes 04 seconds East, 31.68 feet to a |
|
|
point for corner; |
|
|
North 08 degrees 03 minutes 52 seconds East, 16.87 feet to a |
|
|
point for corner; |
|
|
North 03 degrees 29 minutes 17 seconds West, 41.58 feet to a |
|
|
point for corner; |
|
|
North 40 degrees 02 minutes 33 seconds West, 44.60 feet to a |
|
|
point for corner; |
|
|
North 71 degrees 21 minutes 09 seconds West, 39.17 feet to a |
|
|
point for corner; |
|
|
North 25 degrees 09 minutes 26 seconds West, 131.72 feet to a |
|
|
point for corner; |
|
|
North 61 degrees 39 minutes 13 seconds West, 43.55 feet to a |
|
|
point for corner; |
|
|
North 35 degrees 08 minutes 25 seconds West, 50.04 feet to a |
|
|
point for corner; |
|
|
North 10 degrees 25 minutes 36 seconds East, 38.25 feet to a |
|
|
point for corner; |
|
|
South 83 degrees 30 minutes 06 seconds West, 44.46 feet to a |
|
|
point for corner; |
|
|
North 70 degrees 13 minutes 30 seconds West, 31.69 feet to a |
|
|
point for corner; |
|
|
North 67 degrees 45 minutes 19 seconds East, 9.71 to a point |
|
|
for corner; |
|
|
THENCE South 87 degrees 42 minutes 10 seconds West, 483.84 feet to a |
|
|
point for corner in the west line of said Parcel 6; |
|
|
THENCE North 00 degrees 34 minutes 51 seconds East, 994.18 feet to |
|
|
the southeast corner of said Parcel 8; |
|
|
THENCE North 89 degrees 25 minutes 09 seconds West, 1132.37 feet |
|
|
along the south line of said Parcel 8 to a point for corner; |
|
|
THENCE North 00 degrees 37 minutes 10 seconds East, 743.82 feet to a |
|
|
point for corner in the north line of said Parcel 8; |
|
|
THENCE South 89 degrees 25 minutes 09 seconds East, 1933.79 feet to |
|
|
the southwest corner of said Parcel 5B; |
|
|
THENCE along the west line of said Parcel 5B as follows: |
|
|
North 00 degrees 03 minutes 51 seconds East, 982.00 feet to a |
|
|
point for corner; |
|
|
North 44 degrees 56 minutes 09 seconds West, 1667.40 feet to a |
|
|
point for corner in the southeast line of the Northeast Texas Rural |
|
|
Rail Transportation District tract of land as described in Volume |
|
|
987, Page 38, Hunt County Deed Records; |
|
|
THENCE North 55 degrees 33 minutes 56 seconds East, 3904.40 feet |
|
|
along the southeast line of said Northeast Texas Rural Rail |
|
|
Transportation District tract of land to the northeast corner of |
|
|
said Parcel 3; |
|
|
THENCE South 00 degrees 33 minutes 58 seconds West, 615.50 feet to a |
|
|
point for corner; |
|
|
THENCE North 89 degrees 30 minutes 28 seconds West, 584.34 feet to a |
|
|
point for corner; |
|
|
THENCE South 12 degrees 26 minutes 02 seconds East, 274.40 feet to a |
|
|
point for corner; |
|
|
THENCE South 18 degrees 36 minutes 02 seconds East, 1209.66 feet to |
|
|
a point for corner; |
|
|
THENCE North 89 degrees 23 minutes 16 seconds West, 245.65 feet to a |
|
|
point for corner in the center of Brushy Creek; |
|
|
THENCE along the center of said Brushy Creek as follows: |
|
|
South 02 degrees 05 minutes 58 seconds West, 693.86 feet to a |
|
|
point for corner; |
|
|
South 09 degrees 38 minutes 45 seconds East, 371.38 feet to a |
|
|
point for corner; |
|
|
South 11 degrees 40 minutes 38 seconds East, 498.89 feet to a |
|
|
point for corner; |
|
|
South 04 degrees 28 minutes 57 seconds East, 821.11 feet to a |
|
|
point for corner; |
|
|
South 34 degrees 59 minutes 43 seconds East, 118.37 feet to a |
|
|
point for corner; |
|
|
South 86 degrees 59 minutes 43 seconds East, 83.02 feet to a |
|
|
point for corner; |
|
|
South 37 degrees 59 minutes 43 seconds East, 150.41 feet to a |
|
|
point for corner; |
|
|
South 31 degrees 59 minutes 43 seconds East, 253.94 feet to a |
|
|
point for corner; |
|
|
South 50 degrees 59 minutes 43 seconds East, 283.24 feet to a |
|
|
point for corner; |
|
|
South 43 degrees 59 minutes 43 seconds East, 110.36 feet to a |
|
|
point for corner; |
|
|
South 12 degrees 59 minutes 43 seconds East, 189.48 feet to a |
|
|
point for corner; |
|
|
South 25 degrees 59 minutes 43 seconds East, 115.25 feet to a |
|
|
point for corner; |
|
|
South 50 degrees 59 minutes 43 seconds East, 197.29 feet to a |
|
|
point for corner; |
|
|
South 13 degrees 59 minutes 43 seconds East, 121.11 feet to a |
|
|
point for corner; |
|
|
South 28 degrees 59 minutes 43 seconds East, 156.27 feet to a |
|
|
point for corner; |
|
|
South 43 degrees 59 minutes 43 seconds East, 108.41 feet to a |
|
|
point for corner; |
|
|
South 27 degrees 59 minutes 43 seconds East, 87.01 feet to a |
|
|
point for corner; |
|
|
THENCE North 55 degrees 24 minutes 36 seconds East, 63.82 |
|
|
feet to a point for corner in the east line of said Parcel 6; |
|
|
THENCE South 00 degrees 34 minutes 51 seconds West, 290.40 feet to |
|
|
the southeast corner of said Parcel 6, said point being the |
|
|
northeast corner of said Parcel 1; |
|
|
THENCE South 00 degrees 58 minutes 16 seconds West, 526.21 feet |
|
|
along the east line of said Parcel 1 to the POINT OF BEGINNING and |
|
|
containing 364.72 acres of land. |
|
|
BEING a tract of land located in Hunt County, a part of the |
|
|
Littleberry Harrison Survey, Abstract Number 433, and being a part |
|
|
of that called Tract 4 described in a special warranty deed from |
|
|
Heritage Land Bank, FLCA to Double R Land Company, LLC as recorded |
|
|
in Document Number 2011-312, Hunt County Deed Records, and being |
|
|
further described as follows: |
|
|
BEGINNING at the northwest corner of Cole Estates, an addition to |
|
|
Hunt County as recorded in Cabinet E, Page 166, Hunt County Plat |
|
|
Records; said point being in the south right-of-way line of |
|
|
Farm-to-Market Road Number 6; |
|
|
THENCE South 01 degrees 09 minutes 07 seconds West, 1214.29 feet to |
|
|
the southwest corner of said Cole Estates; |
|
|
THENCE North 88 degrees 57 minutes 12 seconds West, 3833.55 feet to |
|
|
a point in the east line of Bridle Trails Estates, Phase 1, an |
|
|
addition to Hunt County as recorded in Cabinet F, Page 65, Hunt |
|
|
County Plat Records; |
|
|
THENCE North 01 degrees 21 minutes 45 seconds East, 937.15 feet |
|
|
along the east line of said Bridle Trails Estates to a point in the |
|
|
south line of Westbrook Estates, Phase 1, an addition to Hunt County |
|
|
as recorded in Cabinet E, Page 194, Hunt County Plat Records; |
|
|
THENCE along the south line of said Westbrook Estates, Phase 1 as |
|
|
follows: |
|
|
South 43 degrees 59 minutes 54 seconds East, 20.67 feet to a |
|
|
point for corner; |
|
|
South 67 degrees 01 minutes 30 seconds East, 510.72 feet to a |
|
|
point for corner; |
|
|
North 88 degrees 53 minutes 34 seconds East, 305.91 feet to a |
|
|
point for corner; |
|
|
North 76 degrees 59 minutes 15 seconds East, 380.57 feet to a |
|
|
point for corner; |
|
|
North 46 degrees 40 minutes 28 seconds East, 439.65 feet to a |
|
|
point for corner; |
|
|
North, 95.63 feet to the northeast corner of said Westbrook |
|
|
Estates, Phase 1, said point being in the south right-of-way line |
|
|
Farm-to-Market Road Number 6; |
|
|
THENCE along the south right-of-way line of Farm-to-Market Road |
|
|
Number 6 as follows: |
|
|
South 89 degrees 01 minutes 48 seconds East, 1505.52 feet to a |
|
|
point for corner; |
|
|
South 74 degrees 42 minutes 50 seconds East, 100.00 feet to a |
|
|
point for corner; |
|
|
South 88 degrees 48 minutes 18 seconds East, 752.38 feet to |
|
|
the POINT OF BEGINNING and containing 94.87 acres of land. |
|
|
BEING a tract of land located in Hunt County, a part of the |
|
|
Nathaniel A. Piper Survey, Abstract Number 849, and being a part of |
|
|
that called Tract 3 described in a special warranty deed from |
|
|
Heritage Land Bank, FLCA to Double R Land Company, LLC as recorded |
|
|
in Document Number 2011-312, Hunt County Deed Records, and being |
|
|
all of that called Tract 2 described in a warranty deed from W. H. |
|
|
Myre and W. D. Myre to Double R Land Company, LLC as recorded in |
|
|
Document Number 2011-2390, Hunt County Deed Records, and being |
|
|
further described as follows: |
|
|
BEGINNING at the southeast corner of said Tract 3, said point being |
|
|
the centerline intersection of Hunt County Road Number 2708 and |
|
|
Hunt County Road Number 2716; |
|
|
THENCE North 89 degrees 37 minutes 07 seconds West, 1102.91 feet |
|
|
partially along the center of Hunt County Road Number 2708 to the |
|
|
southwest corner of said Tract 3; |
|
|
THENCE North, 55.56 feet along the west line of said Tract 3 to the |
|
|
southeast corner of said Tract 2; |
|
|
THENCE North 89 degrees 57 minutes 50 seconds West, 1083.44 feet to |
|
|
the southwest corner of said Tract 2, said point being in the |
|
|
southeast line of the Northeast Texas Rural Rail Transportation |
|
|
District tract of land as described in Volume 987, Page 38, Hunt |
|
|
County Deed Records; |
|
|
THENCE North 55 degrees 33 minutes 56 seconds East, 2650.81 feet |
|
|
along the southeast line of said Northeast Texas Rural Rail |
|
|
Transportation District tract of land to a point for corner in the |
|
|
east line of said Tract 3, said point being in the center of Hunt |
|
|
County Road Number 2716; |
|
|
THENCE South, 1562.53 feet along the east line of said Tract 3 and |
|
|
along the center of Hunt County Road Number 2716 to the POINT OF |
|
|
BEGINNING and containing 39.14 acres of land. |
|
|
BEING a tract of land located in Hunt County, Texas, a part of the |
|
|
Francis M. Copeland Survey, Abstract Number Abstract Number 170, a |
|
|
part of the Fields Prewitt Survey, Abstract Number 853, a part of |
|
|
the Nathaniel A. Piper Survey, Abstract Number 894, a part of the |
|
|
Thomas C. Crabtree Survey, Abstract Number 1321, and being a part of |
|
|
that called Tract 3 described in a special warranty deed from |
|
|
Heritage Land Bank, FLCA to Double R Land Company, LLC as recorded |
|
|
in Document Number 2011-312, Hunt County Deed Records, and being |
|
|
all of that called Tract 1 described in a warranty deed from W. H. |
|
|
Myre and W. D. Myre to Double R Land Company, LLC as recorded in |
|
|
Document Number 2011-2390, Hunt County Deed Records, and being all |
|
|
of a called 93 acre tract of land and all of a called 25 acre tract |
|
|
of land and all of a called 15.6 acre tract of land described in a |
|
|
warranty deed from Jon Lyndon Hess, Gilbert Robinson Hess IV and |
|
|
Linda Jane Hess to Double R Land Company, LLC as recorded in |
|
|
Document Number 2011-2540, Hunt County Deed Records, and being |
|
|
further described as follows: |
|
|
BEGINNING at the southwest corner of said 15.6 acre tract of land, |
|
|
said point being in the northwest line of the Northeast Texas Rural |
|
|
Rail Transportation District tract of land as described in Volume |
|
|
987, Page 38, Hunt County Deed Records; |
|
|
THENCE North 00 degrees 20 minutes 00 seconds West, 1090.06 feet to |
|
|
the northwest corner of said 15.6 acre tract of land; |
|
|
THENCE South 89 degrees 35 minutes 00 seconds East, 896.92 feet to |
|
|
the northeast corner of said 15.6 acre tract of land; |
|
|
THENCE North, 2446.57 feet to the northwest corner of said 25 acre |
|
|
tract of land; |
|
|
THENCE East, 2540.12 feet to the northeast corner of said 25 acre |
|
|
tract of land; |
|
|
THENCE North 00 degrees 56 minutes 00 seconds East, 485.89 feet to |
|
|
the northwest corner of said Tract 1; |
|
|
THENCE North, 1068.70 feet to the northwest corner of said Tract 3; |
|
|
THENCE South 89 degrees 16 minutes 00 seconds East, 2652.00 feet to |
|
|
the northeast corner of said Tract 3, said point being in the center |
|
|
of Hunt County Road Number 2716; |
|
|
THENCE South, 874.93 feet along the east line of said Tract 3 and |
|
|
along the center of Hunt County Road Number 2716 to a point for |
|
|
corner in the northwest line of said Northeast Texas Rural Rail |
|
|
Transportation District tract of land; |
|
|
THENCE South 55 degrees 33 minutes 56 seconds West, 2865.03 along |
|
|
the northwest line of said Northeast Texas Rural Rail |
|
|
Transportation District tract of land to a point for corner in the |
|
|
south line of said Tract 1; |
|
|
THENCE North 89 degrees 57 minutes 50 seconds West, 312.12 feet to |
|
|
the southwest corner of said Tract 1, said point being in the east |
|
|
line of said 93 acre tract of land; |
|
|
THENCE South, 214.38 feet to the southeast corner of said 93 acre |
|
|
tract of land, said point being in the northwest line of said |
|
|
Northeast Texas Rural Rail Transportation District tract of land; |
|
|
THENCE South 55 degrees 33 minutes 56 seconds West, 4140.83 feet |
|
|
along the northwest line of said Northeast Texas Rural Rail |
|
|
Transportation District tract of land to the POINT OF BEGINNING and |
|
|
containing 244.65 acres of land. |
|
|
ARTICLE 3. LEGAL NOTICE, EMINENT DOMAIN, AND EFFECTIVE DATE |
|
|
SECTION 3.01. (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 3.02. (a) If this Act does not receive a |
|
|
two-thirds vote of all the members elected to each house, |
|
|
Subchapter C, Chapter 7955, Special District Local Laws Code, as |
|
|
added by Section 1.01 of this Act, is amended by adding Section |
|
|
7955.107 to read as follows: |
|
|
Sec. 7955.107. NO EMINENT DOMAIN POWER. The district may |
|
|
not exercise the power of eminent domain. |
|
|
(b) This section is not intended to be an expression of a |
|
|
legislative interpretation of the requirements of Section 17(c), |
|
|
Article I, Texas Constitution. |
|
|
SECTION 3.03. (a) If this Act does not receive a |
|
|
two-thirds vote of all the members elected to each house, |
|
|
Subchapter C, Chapter 7956, Special District Local Laws Code, as |
|
|
added by Section 1.02 of this Act, is amended by adding Section |
|
|
7956.107 to read as follows: |
|
|
Sec. 7956.107. NO EMINENT DOMAIN POWER. The district may |
|
|
not exercise the power of eminent domain. |
|
|
(b) This section is not intended to be an expression of a |
|
|
legislative interpretation of the requirements of Section 17(c), |
|
|
Article I, Texas Constitution. |
|
|
SECTION 3.04. This Act takes effect September 1, 2015. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 2057 passed the Senate on |
|
|
May 12, 2015, by the following vote: Yeas 29, Nays 1. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 2057 passed the House on |
|
|
May 27, 2015, by the following vote: Yeas 144, Nays 0, two |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |