H.B. No. 4309
 
 
 
 
AN ACT
  relating to the creation of the Driftwood Municipal Utility
  District No. 1; granting a limited power of eminent domain;
  providing authority to issue bonds; providing authority to impose
  assessments, fees, and taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 7983 to read as follows:
  CHAPTER 7983.  DRIFTWOOD MUNICIPAL UTILITY DISTRICT NO. 1
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 7983.001.  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 Driftwood Municipal Utility
  District No. 1.
         Sec. 7983.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7983.003.  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. 7983.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 7983.003
  until:
               (1)  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; and
               (2)  the district and each municipality in whose
  corporate limits or extraterritorial jurisdiction the district is
  located have executed an agreement concerning the creation and
  operation of the district.
         Sec. 7983.005.  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.
         (c)  All land and other property included in the district
  will benefit from the improvements and services to be provided by
  the district under powers conferred by Sections 52 and 52-a,
  Article III, and Section 59, Article XVI, Texas Constitution, and
  other powers granted under this chapter.
         (d)  The creation of the district is in the public interest
  and is essential to further the public purposes of:
               (1)  developing and diversifying the economy of the
  state;
               (2)  eliminating unemployment and underemployment;
               (3)  developing or expanding transportation and
  commerce; and
               (4)  providing quality residential housing.
         (e)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, potential employees, employees, visitors,
  and consumers in the district, and of the public;
               (2)  provide needed funding for the district to
  preserve, maintain, and enhance the economic health and vitality of
  the district territory as a residential community and business
  center; and
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways and by landscaping,
  removing graffiti from, and developing certain areas in the
  district, which are necessary for the restoration, preservation,
  and enhancement of scenic beauty.
         (f)  Pedestrian ways along or across a street, whether at
  grade or above or below the surface, and street lighting, street
  landscaping, vehicle parking, and street art objects are parts of
  and necessary components of a street and are considered to be an
  improvement project that includes a street or road improvement.
         Sec. 7983.006.  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.
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 7983.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 7983.052, directors serve
  staggered four-year terms.
         Sec. 7983.052.  TEMPORARY DIRECTORS.  (a)  On or after
  September 1, 2017, 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 7983.003; or
               (2)  September 1, 2021.
         (c)  If permanent directors have not been elected under
  Section 7983.003 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 7983.003; 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. 7983.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7983.102.  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. 7983.103.  WATER CONSERVATION FACILITIES.  The district
  may provide for the conservation of water, including by means of the
  construction, operation, and maintenance of a water conservation
  facility or water reuse project.
         Sec. 7983.104.  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. 7983.105.  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. 7983.106.  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. 7983.107.  LIMITATION ON GROUNDWATER USE. In providing
  water services to users in the district, the district may not,
  except in emergency situations:
               (1)  develop groundwater on land owned by the district
  for use as a potable water source; or
               (2)  purchase or lease the rights to groundwater
  underlying land inside the district for use as a potable water
  source.
         Sec. 7983.108.  DIVISION OF DISTRICT.  (a)  The district may
  be divided into two or more new districts only if:
               (1)  the district has no outstanding bonded debt; and
               (2)  the district is not imposing ad valorem taxes.
         (b)  This chapter applies to any new district created by the
  division of the district, and a new district has all the powers and
  duties of the district.
         (c)  Any new district created by the division of the district
  may not, at the time the new district is created, contain any land
  outside the area described by Section 2 of the Act enacting this
  chapter.
         (d)  The board, on its own motion or on receipt of a petition
  signed by the owner or owners of a majority of the assessed value of
  the real property in the district, may adopt an order dividing the
  district.
         (e)  The board may adopt an order dividing the district
  before or after the date the board holds an election under Section
  7983.003 to confirm the creation of the district.
         (f)  An order dividing the district shall:
               (1)  name each new district;
               (2)  include the metes and bounds description of the
  territory of each new district;
               (3)  appoint temporary directors for each new district;
  and
               (4)  provide for the division of assets and liabilities
  between or among the new districts.
         (g)  On or before the 30th day after the date of adoption of
  an order dividing the district, the district shall file the order
  with the commission and record the order in the real property
  records of each county in which the district is located.
         (h)  Any new district created by the division of the district
  shall hold a confirmation and directors' election as required by
  Section 7983.003.
         (i)  If the creation of the new district is confirmed, the
  new district shall provide the election date and results to the
  commission.
         (j)  Any new district created by the division of the district
  must hold an election as required by this chapter to obtain voter
  approval before the district may impose a maintenance tax or issue
  bonds payable wholly or partly from ad valorem taxes.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 7983.151.  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 7983.153.
         (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. 7983.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 7983.151, 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. 7983.153.  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. 7983.201.  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. 7983.202.  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. 7983.203.  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 Driftwood Municipal Utility District No. 1
  initially includes all the territory contained in the following
  area:
  FIELD NOTE DESCRIPTION OF 323.59 ACRES OF LAND OUT OF THE WILLIAM B.
  TRAVIS SURVEY ABSTRACT No. 15 IN HAYS COUNTY, TEXAS, BEING
  COMPRISED OF A PORTION OF THAT CERTAIN (117.51 ACRE) TRACT OF LAND
  AS CONVEYED TO DAMIAN C. MANDOLA AND TRINA M. MANDOLA BY GENERAL
  WARRANTY DEED RECORDED IN VOLUME 2406 PAGE 685 OF THE OFFICIAL
  PUBLIC RECORDS OF HAYS COUNTY, TEXAS, TOGETHER WITH A PORTION OF
  THAT CERTAIN (150.00 ACRE) TRACT OF LAND AS CONVEYED TO DAMIAN C.
  MANDOLA AND TRINA M. MANDOLA BY WARRANTY DEED RECORDED IN VOLUME
  2261 PAGE 316 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS,
  AND TOGETHER WITH A PORTION OF THAT CERTAIN (107.00 ACRE) TRACT OF
  LAND AS CONVEYED TO DAMIAN C. MANDOLA AND WIFE, TRINA M. MANDOLA BY
  GENERAL WARRANTY DEED RECORDED IN VOLUME 2141 PAGE 753 OF THE
  OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING MORE
  PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
  BEGINNING at a point in the East right-of-way line of F.M. Highway
  No. 150 for the westerly Northwest corner of that certain (117.51
  acre) tract of land as conveyed to Damian C. Mandola and Trina M.
  Mandola by General Warranty Deed recorded in Volume 2406 Page 685 of
  the Official Public Records of Hays County, Texas, and being in the
  West line of that certain (890.32 acres less 90.96 acres) tract as
  conveyed to Wilding, LP by Special Warranty Deed recorded in
  Document No. 9927839 of the Official Public Records of Hays County,
  Texas, and for the Northwesterly corner of that certain (374.53
  acre) tract of land as conveyed to Saber Ventures, L.P. by Special
  Warranty Deed recorded in Volume 2023 Page 531 of the Official
  Public Records of Hays County, Texas, and for a Southwesterly
  corner of that certain (311.44 acre) tract of land as conveyed to AT
  Holding-Riata, LLC by Special Warranty Deed recorded in Volume 2023
  Page 547 of the Official Public Records of Hays County, Texas, and
  being the westerly Northwest corner and PLACE OF BEGINNING of the
  herein described tract of land, and from which a metal spike found
  in an asphalt driveway in the East right-of-way line of F.M. Highway
  No. 150 (at record centerline HWY Station 398+69.3) bears N 20 deg.
  32' 24" W 895.92 ft., and also from which a capped iron rod found
  bears N 72 deg. 35' 16" E 0.40 ft.;
  THENCE leaving the East right-of-way line of F.M. Highway No. 150
  and entering the interior of said Wilding (890.32 acres less 90.96
  acres) tract with the common line of said Mandola (117.51 acre)
  tract and said AT-Holding-Riata (311.44 acre) tract, the following
  four (4) courses;
         1)  N 72 deg. 35' 16" E 957.58 ft. to a capped iron rod found
  (marked "McAngus");
         2)  N 28 deg. 14' 58" E 1033.24 ft. to a capped iron rod found
  (marked "McAngus");
         3)  N 88 deg. 23' 37" E 3991.58 ft. to a capped iron rod found
  (marked "McAngus");
         4)  S 53 deg 02' 43" E at 1953.44 ft. passing a 1 1/4" iron
  pipe found, and continuing with the same bearing for a
  total distance of 2042.29 ft. to a point in the
  approximate centerline of Onion Creek for the Northeast
  corner of said Mandola (117.51 acre) tract and for the
  Southeast corner of said AT Holding-Riata (311.44 acre)
  tract and for the Northwest corner of that certain
  (200.585 acre) tract of land as conveyed to Annaton Land
  Company, LLC by Warranty Deed recorded in Volume 4617
  Page 374 of the Official Public Records of Hays County,
  Texas, and being the Northeast corner of this tract of
  land;
  THENCE continuing through the interior of said Wilding (890.32
  acres less 90.96 acres) tract with the approximate centerline of
  Onion Creek and with the common line of said Mandola (117.51 acre)
  tract and said Annaton Land Company (200.585 acre) tract, the
  following seven (7) courses;
         1)  S 36 deg. 24' 12" W 252.79 ft.;
         2)  S 37 deg. 15' 21" W246.91 ft.;
         3)  S 41 deg. 42' 31" W 214.94 ft.;
         4)  S 43 deg. 07' 44" W 212.80 ft.;
         5)  S 26 deg. 54' 25" W 159.79 ft.;
         6)  S 27 deg. 42' 48" E 70.19 ft.;
         7)  S 49 deg. 40' 44" W 239.29 ft. to a point for the
  Southeast corner of said Mandola (117.51 acre) tract
  and for the Northeast corner of that certain (150.00
  acre) tract of land as conveyed to Damian C. Mandola and
  Trina C. Mandola by Warranty Deed recorded in Volume
  2261 Page 316 of the Official Public Records of Hays
  County, Texas, and being an angle corner of this tract,
  and from which a 60D nail found on the Northwesterly
  side of a 46" Cypress tree (for reference) bears N 85
  deg. 04' W 47.70 ft.;
  THENCE continuing through the interior of said Wilding (890.32
  acres less 90.96 acres) tract with the approximate centerline of
  Onion Creek and with the common line of said Mandola (150.00 acre)
  tract and said Annaton Land Company (200.585 acre) tract, the
  following six (6) courses;
         1) S 47 deg. 12' 31" W 253.25 ft.;
         2) S 41 deg. 34' 36" W 219.86 ft.;
         3) S 41 deg. 33' 07" W 276.42 ft.;
         4) S 45 deg. 46' 37" W 288.13 ft.;
         5) S 61 deg. 07' 53" W 223.76 ft.;
         6) S 58 deg. 51' 17" W 191.85 ft. to a point for the Southeast
  corner of said Mandola (150.00 acre) tract and for the
  Northeast corner of that certain (107.00 acre) tract of
  land as conveyed to Damian C. Mandola and wife, Trina C.
  Mandola by General Warranty Deed recorded in Volume
  2141 Page 753 of the Official Public Records of Hays
  County, Texas, and being an angle corner of this tract,
  and from which a 60D nail found on the Westerly side of a
  16" Cypress tree bears N 13 deg. 48' W 53.69 ft.;
  THENCE continuing through the interior of said Wilding (890.32
  acres less 90.96 acres) tract with the approximate centerline of
  Onion Creek and with the East line of said Mandola (107.00 acre)
  tract, the following five (5) courses;
         1) S 41 deg. 08' 03" W 231.01 ft.;
         2) S 36 deg. 08' 40" W 248.29 ft.;
         3) S 32 deg. 53' 55" W 249.13 ft.;
         4) S 30 deg. 05' 08" W 241.12 ft.;
         5) S 18 deg. 56' 06" W 233.53 ft. to a point for the Southeast
  corner of said Mandola (107.00 acre) tract and for a
  Northeasterly corner of that certain (21.512 acre)
  tract of land as conveyed to Peter M. Schwab and
  Jeanette K. Thornton-Schwab by General Warranty Deed
  recorded in Volume 1828 Page 709 of the Official Public
  Records of Hays County, Texas, and being the Southeast
  corner of this tract, and from which an incised X mark
  found in the Westerly end of a concrete dam bears N 09
  deg. 00' E 190.41 ft. (for reference);
  THENCE leaving the approximate centerline of Onion Creek with the
  common line of said Mandola (107.00 acre) tract and said Schwab
  (21.512 acre) tract, the following seven (7) courses;
         1) N 58 deg. 07' 33" W at 70.67 ft. passing a capped iron rod
  found (marked "McAngus") and continuing with the same
  bearing for a total distance of 728.64 ft. to a capped
  iron rod found (marked "McAngus");
         2) N 24 deg. 01' 46" W 456.82 ft. to a capped iron rod found
  (marked "McAngus") and from which a 1/2" iron rod found
  for an angle corner in the Southwest line of said Schwab
  (21.512 acre) tract bears S 46 deg. 21' 25" W 33.18 ft.;
         3) N 56 deg. 29' 49" W 518.51 ft. to a capped iron rod found
  (marked "McAngus");
         4) N 36 deg. 40' 03" W 507.04 ft. to a capped iron rod found
  (marked "McAngus");
         5) S 56 deg. 30' 23" W 148.91 ft. to a capped iron rod found
  (marked "McAngus");
         6) N 42 deg. 04' 50" W 1026.81 ft. to a capped iron rod found
  (marked "McAngus") on the top of a small earthen stock
  tank dam;
         7) N 84 deg. 13' 38" W 166.65 to a capped iron rod found
  (marked "Landesign") at a metal pipe corner post for a
  game-proof fence for the Southeast corner of that
  certain (9.455 acre) tract of land as conveyed to
  DuchMandola, Ltd. by General Warranty Deed recorded in
  Volume 3775 Page 877 of the Official Public Records of
  Hays County, Texas, and being a Southwesterly angle
  corner of this tract;
  THENCE entering the interior of said Mandola (107.00 acre) tract
  with the East line of said DuchMandola (9.455 acre) tract, the
  following two (2) courses;
         1) N 16 deg. 59' 17" E 432.02 ft. to a 1/2" iron rod found;
         2) S 53 deg. 46' 28" E 67.80 ft. to a capped iron rod found
  (marked "Landesign");
  THENCE continuing through the interior of said Mandola (107.00
  acre) tract and entering the interior of said Mandola (150.00 acre)
  tract, N 38 deg. 11' 23" E 284.33 ft. to a capped iron rod found
  (marked "Landesign") for an angle corner in the East line of that
  certain (6.620 acre) tract of land as conveyed to DuchMandola, Ltd.
  by said General Warranty Deed recorded in Volume 3775 Page 877 of
  the Official Public Records of Hays County, Texas, and being an
  angle corner of this tract;
  THENCE continuing through the interior of said Mandola (150.00
  acre) tract, N 00 deg. 40' 32" W at 433.25 ft. passing a capped iron
  rod found (marked "Landesign") for the Northeast corner of said
  DuchMandola (6.620 acre) tract and continuing with the same bearing
  for a total distance of 819.70 ft. to a capped iron rod found
  (marked "Landesign") in the common line of said Mandola (150.00
  acre) tract and said Mandola (117.51 acre) tract and being an angle
  corner of this tract;
  THENCE with the common line of said Mandola (150.00 acre) tract and
  said Mandola (117.51 acre) tract, the following two (2) courses;
         1) S 88 deg. 25' 14" W 642.66 ft. to a capped iron rod found
  (marked "McAngus");
         2) S 50 deg. 02' 26" W 895.46 ft. to a capped iron rod found
  (marked "Landesign") for an angle corner of this tract,
  and from which a 1/2" iron rod found for an angle corner
  in the common line of said Mandola (150.00 acre) tract
  and said Mandola (117.51 acre) tract bears S 50 deg. 02' 
  26" W 17.37 ft.;
  THENCE crossing the interiors of said Mandola (117.51 acre) tract
  and said Mandola (150.00 acre) tract, respectively, the following
  two (2) courses;
         1) 69 deg. 55' 31" W 590.01 ft. to a capped iron rod found
  (marked "Landesign");
         2) S 75 deg. 45' 29" W 370.85 ft. to a point in the East
  right-of-way line of F.M. Highway No. 150  for the
  Northwest corner of said Mandola (150.00 acre) tract
  and for the Southwest corner of said Mandola (117.51
  acre) tract and being the most Southwesterly corner of
  this tract, and from which a concrete monument found in
  the East right-of-way line of F.M. Highway No. 150 (at
  centerline HWY Station 438+31.0) bears S 20 deg. 32' 24" 
  E 2810.55 ft., and also from which a 1/2" iron rod found
  bears N 75 deg. 45' 29" E 0.41 ft.;
  THENCE with the East right-of-way line of F.M. Highway No. 150 and
  with the West line of said Mandola (117.51 acre) tract, N 20 deg.
  32' 24" W 254.11 ft. to the PLACE OF BEGINNING, containing 323.59
  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) If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  7983, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7983.109 to read as follows:
         Sec. 7983.109.  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 5.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4309 was passed by the House on May
  19, 2017, by the following vote:  Yeas 137, Nays 7, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4309 was passed by the Senate on May
  24, 2017, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor