|   | 
      
      
        |   | 
      
      
        |   | 
      
      
        | 
           
			 | 
        
          AN ACT
         | 
      
      
        | 
           
			 | 
        relating to the creation of the Northeast Burnet County Water  | 
      
      
        | 
           
			 | 
        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 8064 to read as follows: | 
      
      
        | 
           
			 | 
        CHAPTER 8064.  NORTHEAST BURNET COUNTY WATER DISTRICT NO. 1 | 
      
      
        | 
           
			 | 
        SUBCHAPTER A.  GENERAL PROVISIONS | 
      
      
        | 
           
			 | 
               Sec. 8064.0101.  DEFINITIONS.  In this chapter: | 
      
      
        | 
           
			 | 
                     (1)  "Board" means the district's board of directors. | 
      
      
        | 
           
			 | 
                     (2)  "Commission" means the Texas Commission on  | 
      
      
        | 
           
			 | 
        Environmental Quality. | 
      
      
        | 
           
			 | 
                     (3)  "Director" means a board member. | 
      
      
        | 
           
			 | 
                     (4)  "District" means the Northeast Burnet County Water  | 
      
      
        | 
           
			 | 
        District No. 1. | 
      
      
        | 
           
			 | 
               Sec. 8064.0102.  NATURE OF DISTRICT.  The district is a  | 
      
      
        | 
           
			 | 
        municipal utility district created under Section 59, Article XVI,  | 
      
      
        | 
           
			 | 
        Texas Constitution. | 
      
      
        | 
           
			 | 
               Sec. 8064.0103.  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. 8064.0104.  CONSENT OF MUNICIPALITY REQUIRED.  The  | 
      
      
        | 
           
			 | 
        temporary directors may not hold an election under Section  | 
      
      
        | 
           
			 | 
        8064.0103 until each municipality in whose corporate limits or  | 
      
      
        | 
           
			 | 
        extraterritorial jurisdiction the district is located has  | 
      
      
        | 
           
			 | 
        consented by ordinance or resolution to the creation of the  | 
      
      
        | 
           
			 | 
        district and to the inclusion of land in the district. | 
      
      
        | 
           
			 | 
               Sec. 8064.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.   | 
      
      
        | 
           
			 | 
        (a)  The district is created to serve a public purpose and benefit. | 
      
      
        | 
           
			 | 
               (b)  The district is created to accomplish the purposes of: | 
      
      
        | 
           
			 | 
                     (1)  a municipal utility district as provided by  | 
      
      
        | 
           
			 | 
        general law and Section 59, Article XVI, Texas Constitution; and | 
      
      
        | 
           
			 | 
                     (2)  Section 52, Article III, Texas Constitution, that  | 
      
      
        | 
           
			 | 
        relate to the construction, acquisition, improvement, operation,  | 
      
      
        | 
           
			 | 
        or maintenance of macadamized, graveled, or paved roads, or  | 
      
      
        | 
           
			 | 
        improvements, including storm drainage, in aid of those roads. | 
      
      
        | 
           
			 | 
               Sec. 8064.0106.  INITIAL DISTRICT TERRITORY.  (a)  The  | 
      
      
        | 
           
			 | 
        district is initially composed of the territory described by  | 
      
      
        | 
           
			 | 
        Section 2 of the Act enacting this chapter. | 
      
      
        | 
           
			 | 
               (b)  The boundaries and field notes contained in Section 2 of  | 
      
      
        | 
           
			 | 
        the Act enacting this chapter form a closure.  A mistake made in the  | 
      
      
        | 
           
			 | 
        field notes or in copying the field notes in the legislative process  | 
      
      
        | 
           
			 | 
        does not affect the district's: | 
      
      
        | 
           
			 | 
                     (1)  organization, existence, or validity; | 
      
      
        | 
           
			 | 
                     (2)  right to issue any type of bond for the purposes  | 
      
      
        | 
           
			 | 
        for which the district is created or to pay the principal of and  | 
      
      
        | 
           
			 | 
        interest on a bond; | 
      
      
        | 
           
			 | 
                     (3)  right to impose a tax; or | 
      
      
        | 
           
			 | 
                     (4)  legality or operation. | 
      
      
        | 
           
			 | 
        SUBCHAPTER B.  BOARD OF DIRECTORS | 
      
      
        | 
           
			 | 
               Sec. 8064.0201.  GOVERNING BODY; TERMS.  (a)  The district is  | 
      
      
        | 
           
			 | 
        governed by a board of five elected directors. | 
      
      
        | 
           
			 | 
               (b)  Except as provided by Section 8064.0202, directors  | 
      
      
        | 
           
			 | 
        serve staggered four-year terms. | 
      
      
        | 
           
			 | 
               Sec. 8064.0202.  TEMPORARY DIRECTORS.  (a)  On or after the  | 
      
      
        | 
           
			 | 
        effective date of the Act enacting this chapter, 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 8064.0103; or | 
      
      
        | 
           
			 | 
                     (2)  the fourth anniversary of the effective date of  | 
      
      
        | 
           
			 | 
        the Act enacting this chapter. | 
      
      
        | 
           
			 | 
               (c)  If permanent directors have not been elected under  | 
      
      
        | 
           
			 | 
        Section 8064.0103 and the terms of the temporary directors have  | 
      
      
        | 
           
			 | 
        expired, successor temporary directors shall be appointed or  | 
      
      
        | 
           
			 | 
        reappointed as provided by Subsection (d) to serve terms that  | 
      
      
        | 
           
			 | 
        expire on the earlier of: | 
      
      
        | 
           
			 | 
                     (1)  the date permanent directors are elected under  | 
      
      
        | 
           
			 | 
        Section 8064.0103; or | 
      
      
        | 
           
			 | 
                     (2)  the fourth anniversary of the date of the  | 
      
      
        | 
           
			 | 
        appointment or reappointment. | 
      
      
        | 
           
			 | 
               (d)  If Subsection (c) applies, the owner or owners of a  | 
      
      
        | 
           
			 | 
        majority of the assessed value of the real property in the district  | 
      
      
        | 
           
			 | 
        may submit a petition to the commission requesting that the  | 
      
      
        | 
           
			 | 
        commission appoint as successor temporary directors the five  | 
      
      
        | 
           
			 | 
        persons named in the petition.  The commission shall appoint as  | 
      
      
        | 
           
			 | 
        successor temporary directors the five persons named in the  | 
      
      
        | 
           
			 | 
        petition. | 
      
      
        | 
           
			 | 
        SUBCHAPTER C.  POWERS AND DUTIES | 
      
      
        | 
           
			 | 
               Sec. 8064.0301.  GENERAL POWERS AND DUTIES.  The district  | 
      
      
        | 
           
			 | 
        has the powers and duties necessary to accomplish the purposes for  | 
      
      
        | 
           
			 | 
        which the district is created. | 
      
      
        | 
           
			 | 
               Sec. 8064.0302.  MUNICIPAL UTILITY DISTRICT POWERS AND  | 
      
      
        | 
           
			 | 
        DUTIES.  The district has the powers and duties provided by the  | 
      
      
        | 
           
			 | 
        general law of this state, including Chapters 49 and 54, Water Code,  | 
      
      
        | 
           
			 | 
        applicable to municipal utility districts created under Section 59,  | 
      
      
        | 
           
			 | 
        Article XVI, Texas Constitution. | 
      
      
        | 
           
			 | 
               Sec. 8064.0303.  AUTHORITY FOR ROAD PROJECTS.  Under Section  | 
      
      
        | 
           
			 | 
        52, Article III, Texas Constitution, the district may design,  | 
      
      
        | 
           
			 | 
        acquire, construct, finance, issue bonds for, improve, operate,  | 
      
      
        | 
           
			 | 
        maintain, and convey to this state, a county, or a municipality for  | 
      
      
        | 
           
			 | 
        operation and maintenance macadamized, graveled, or paved roads, or  | 
      
      
        | 
           
			 | 
        improvements, including storm drainage, in aid of those roads. | 
      
      
        | 
           
			 | 
               Sec. 8064.0304.  ROAD STANDARDS AND REQUIREMENTS.  (a)  A  | 
      
      
        | 
           
			 | 
        road project must meet all applicable construction standards,  | 
      
      
        | 
           
			 | 
        zoning and subdivision requirements, and regulations of each  | 
      
      
        | 
           
			 | 
        municipality in whose corporate limits or extraterritorial  | 
      
      
        | 
           
			 | 
        jurisdiction the road project is located. | 
      
      
        | 
           
			 | 
               (b)  If a road project is not located in the corporate limits  | 
      
      
        | 
           
			 | 
        or extraterritorial jurisdiction of a municipality, the road  | 
      
      
        | 
           
			 | 
        project must meet all applicable construction standards,  | 
      
      
        | 
           
			 | 
        subdivision requirements, and regulations of each county in which  | 
      
      
        | 
           
			 | 
        the road project is located. | 
      
      
        | 
           
			 | 
               (c)  If the state will maintain and operate the road, the  | 
      
      
        | 
           
			 | 
        Texas Transportation Commission must approve the plans and  | 
      
      
        | 
           
			 | 
        specifications of the road project. | 
      
      
        | 
           
			 | 
               Sec. 8064.0305.  DIVISION OF DISTRICT.  (a)  The district may  | 
      
      
        | 
           
			 | 
        be divided into two or more new districts only if the district: | 
      
      
        | 
           
			 | 
                     (1)  has no outstanding bonded debt; and | 
      
      
        | 
           
			 | 
                     (2)  is not imposing ad valorem taxes. | 
      
      
        | 
           
			 | 
               (b)  This chapter applies to any new district created by the  | 
      
      
        | 
           
			 | 
        division of the district, and a new district has all the powers and  | 
      
      
        | 
           
			 | 
        duties of the district. | 
      
      
        | 
           
			 | 
               (c)  Any new district created by the division of the district  | 
      
      
        | 
           
			 | 
        may not, at the time the new district is created, contain any land  | 
      
      
        | 
           
			 | 
        outside the area described by Section 2 of the Act enacting this  | 
      
      
        | 
           
			 | 
        chapter. | 
      
      
        | 
           
			 | 
               (d)  The board, on its own motion or on receipt of a petition  | 
      
      
        | 
           
			 | 
        signed by the owner or owners of a majority of the assessed value of  | 
      
      
        | 
           
			 | 
        the real property in the district, may adopt an order dividing the  | 
      
      
        | 
           
			 | 
        district. | 
      
      
        | 
           
			 | 
               (e)  The board may adopt an order dividing the district  | 
      
      
        | 
           
			 | 
        before or after the date the board holds an election under Section  | 
      
      
        | 
           
			 | 
        8064.0103 to confirm the creation of the district. | 
      
      
        | 
           
			 | 
               (f)  An order dividing the district shall: | 
      
      
        | 
           
			 | 
                     (1)  name each new district; | 
      
      
        | 
           
			 | 
                     (2)  include the metes and bounds description of the  | 
      
      
        | 
           
			 | 
        territory of each new district; | 
      
      
        | 
           
			 | 
                     (3)  appoint temporary directors for each new district  | 
      
      
        | 
           
			 | 
        or provide that the owner or owners of a majority of the assessed  | 
      
      
        | 
           
			 | 
        value of the real property in each new district may submit a  | 
      
      
        | 
           
			 | 
        petition to the commission requesting that the commission appoint  | 
      
      
        | 
           
			 | 
        as temporary directors the five persons named in the petition; 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 8064.0103. | 
      
      
        | 
           
			 | 
               (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. | 
      
      
        | 
           
			 | 
               Sec. 8064.0306.  STRATEGIC PARTNERSHIP AGREEMENT.  The  | 
      
      
        | 
           
			 | 
        district may negotiate and enter into a written strategic  | 
      
      
        | 
           
			 | 
        partnership agreement with a municipality under Section 43.0751,  | 
      
      
        | 
           
			 | 
        Local Government Code. | 
      
      
        | 
           
			 | 
        SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS | 
      
      
        | 
           
			 | 
               Sec. 8064.0401.  ELECTIONS REGARDING TAXES OR BONDS.  (a)   | 
      
      
        | 
           
			 | 
        The district may issue, without an election, bonds and other  | 
      
      
        | 
           
			 | 
        obligations secured by: | 
      
      
        | 
           
			 | 
                     (1)  revenue other than ad valorem taxes; or | 
      
      
        | 
           
			 | 
                     (2)  contract payments described by Section 8064.0403. | 
      
      
        | 
           
			 | 
               (b)  The district must hold an election in the manner  | 
      
      
        | 
           
			 | 
        provided by Chapters 49 and 54, Water Code, to obtain voter approval  | 
      
      
        | 
           
			 | 
        before the district may impose an ad valorem tax or issue bonds  | 
      
      
        | 
           
			 | 
        payable from ad valorem taxes. | 
      
      
        | 
           
			 | 
               (c)  The district may not issue bonds payable from ad valorem  | 
      
      
        | 
           
			 | 
        taxes to finance a road project unless the issuance is approved by a  | 
      
      
        | 
           
			 | 
        vote of a two-thirds majority of the district voters voting at an  | 
      
      
        | 
           
			 | 
        election held for that purpose. | 
      
      
        | 
           
			 | 
               (d)  The district may not issue bonds payable wholly or  | 
      
      
        | 
           
			 | 
        partly from assessments. | 
      
      
        | 
           
			 | 
               Sec. 8064.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If  | 
      
      
        | 
           
			 | 
        authorized at an election held under Section 8064.0401, the  | 
      
      
        | 
           
			 | 
        district may impose an operation and maintenance tax on taxable  | 
      
      
        | 
           
			 | 
        property in the district in accordance with Section 49.107, Water  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
               (b)  The board shall determine the tax rate.  The rate may not  | 
      
      
        | 
           
			 | 
        exceed the rate approved at the election. | 
      
      
        | 
           
			 | 
               Sec. 8064.0403.  CONTRACT TAXES.  (a)  In accordance with  | 
      
      
        | 
           
			 | 
        Section 49.108, Water Code, the district may impose a tax other than  | 
      
      
        | 
           
			 | 
        an operation and maintenance tax and use the revenue derived from  | 
      
      
        | 
           
			 | 
        the tax to make payments under a contract after the provisions of  | 
      
      
        | 
           
			 | 
        the contract have been approved by a majority of the district voters  | 
      
      
        | 
           
			 | 
        voting at an election held for that purpose. | 
      
      
        | 
           
			 | 
               (b)  A contract approved by the district voters may contain a  | 
      
      
        | 
           
			 | 
        provision stating that the contract may be modified or amended by  | 
      
      
        | 
           
			 | 
        the board without further voter approval. | 
      
      
        | 
           
			 | 
        SUBCHAPTER E.  ASSESSMENTS; APPLICABILITY OF IMPACT FEES AND  | 
      
      
        | 
           
			 | 
        ASSESSMENTS | 
      
      
        | 
           
			 | 
               Sec. 8064.0501.  PETITION REQUIRED FOR FINANCING  | 
      
      
        | 
           
			 | 
        RECREATIONAL FACILITY OR IMPROVEMENT BY ASSESSMENT.  (a)  The  | 
      
      
        | 
           
			 | 
        district may finance a recreational facility or improvement with  | 
      
      
        | 
           
			 | 
        assessments on residential or commercial property or both  | 
      
      
        | 
           
			 | 
        residential and commercial property under this subchapter, but only  | 
      
      
        | 
           
			 | 
        if: | 
      
      
        | 
           
			 | 
                     (1)  a written petition requesting that facility or  | 
      
      
        | 
           
			 | 
        improvement has been filed with the board; and | 
      
      
        | 
           
			 | 
                     (2)  the district holds a hearing on the proposed  | 
      
      
        | 
           
			 | 
        assessments. | 
      
      
        | 
           
			 | 
               (b)  The petition must be signed by the owners of a majority  | 
      
      
        | 
           
			 | 
        of the assessed value of real property in the district subject to  | 
      
      
        | 
           
			 | 
        assessment according to the most recent certified tax appraisal  | 
      
      
        | 
           
			 | 
        roll for the county. | 
      
      
        | 
           
			 | 
               Sec. 8064.0502.  METHOD OF NOTICE FOR HEARING.  The district  | 
      
      
        | 
           
			 | 
        shall mail notice of the hearing to each property owner in the  | 
      
      
        | 
           
			 | 
        district who will be subject to the assessment at the current  | 
      
      
        | 
           
			 | 
        address to be assessed as reflected on the tax rolls.  The district  | 
      
      
        | 
           
			 | 
        may mail the notice by certified or first class United States mail.   | 
      
      
        | 
           
			 | 
        The board shall determine the method of notice. | 
      
      
        | 
           
			 | 
               Sec. 8064.0503.  ASSESSMENTS; LIENS FOR ASSESSMENTS.  (a)   | 
      
      
        | 
           
			 | 
        An assessment or a reassessment imposed under this subchapter by  | 
      
      
        | 
           
			 | 
        the district, penalties and interest on an assessment or  | 
      
      
        | 
           
			 | 
        reassessment, an expense of collection, and reasonable attorney's  | 
      
      
        | 
           
			 | 
        fees incurred by the district: | 
      
      
        | 
           
			 | 
                     (1)  are a first and prior lien against the property  | 
      
      
        | 
           
			 | 
        assessed; | 
      
      
        | 
           
			 | 
                     (2)  are superior to any other lien or claim other than  | 
      
      
        | 
           
			 | 
        a lien or claim for county, school district, or municipal ad valorem  | 
      
      
        | 
           
			 | 
        taxes; and | 
      
      
        | 
           
			 | 
                     (3)  are the personal liability of and a charge against  | 
      
      
        | 
           
			 | 
        the owners of the property even if the owners are not named in the  | 
      
      
        | 
           
			 | 
        assessment proceedings. | 
      
      
        | 
           
			 | 
               (b)  The lien is effective from the date of the board's  | 
      
      
        | 
           
			 | 
        resolution imposing the assessment until the date the assessment is  | 
      
      
        | 
           
			 | 
        paid.  The board may enforce the lien in the same manner that the  | 
      
      
        | 
           
			 | 
        board may enforce an ad valorem tax lien against real property. | 
      
      
        | 
           
			 | 
               (c)  The board may make a correction to or deletion from the  | 
      
      
        | 
           
			 | 
        assessment roll that does not increase the amount of assessment of  | 
      
      
        | 
           
			 | 
        any parcel of land without providing notice and holding a hearing in  | 
      
      
        | 
           
			 | 
        the manner required for additional assessments. | 
      
      
        | 
           
			 | 
               Sec. 8064.0504.  UTILITY PROPERTY EXEMPT FROM IMPACT FEES  | 
      
      
        | 
           
			 | 
        AND ASSESSMENTS.  The district may not impose an impact fee or  | 
      
      
        | 
           
			 | 
        assessment on the property, including the equipment,  | 
      
      
        | 
           
			 | 
        rights-of-way, facilities, or improvements, of: | 
      
      
        | 
           
			 | 
                     (1)  an electric utility or a power generation company  | 
      
      
        | 
           
			 | 
        as defined by Section 31.002, Utilities Code; | 
      
      
        | 
           
			 | 
                     (2)  a gas utility as defined by Section 101.003 or  | 
      
      
        | 
           
			 | 
        121.001, Utilities Code; | 
      
      
        | 
           
			 | 
                     (3)  a telecommunications provider as defined by  | 
      
      
        | 
           
			 | 
        Section 51.002, Utilities Code; or | 
      
      
        | 
           
			 | 
                     (4)  a person who provides to the public cable  | 
      
      
        | 
           
			 | 
        television or advanced telecommunications services. | 
      
      
        | 
           
			 | 
        SUBCHAPTER F.  BONDS AND OTHER OBLIGATIONS | 
      
      
        | 
           
			 | 
               Sec. 8064.0601.  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. 8064.0602.  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. 8064.0603.  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. | 
      
      
        | 
           
			 | 
        SUBCHAPTER G.  DEFINED AREAS | 
      
      
        | 
           
			 | 
               Sec. 8064.0701.  AUTHORITY TO ESTABLISH DEFINED AREAS OR  | 
      
      
        | 
           
			 | 
        DESIGNATED PROPERTY.  The district may define areas or designate  | 
      
      
        | 
           
			 | 
        certain property of the district to pay for improvements,  | 
      
      
        | 
           
			 | 
        facilities, or services that primarily benefit that area or  | 
      
      
        | 
           
			 | 
        property and do not generally and directly benefit the district as a  | 
      
      
        | 
           
			 | 
        whole. | 
      
      
        | 
           
			 | 
               Sec. 8064.0702.  PROCEDURE FOR ELECTION.  (a)  Before the  | 
      
      
        | 
           
			 | 
        district may impose an ad valorem tax or issue bonds payable from ad  | 
      
      
        | 
           
			 | 
        valorem taxes of the defined area or designated property, the board  | 
      
      
        | 
           
			 | 
        shall hold an election in the defined area or in the designated  | 
      
      
        | 
           
			 | 
        property only. | 
      
      
        | 
           
			 | 
               (b)  The board may submit the issues to the voters on the same  | 
      
      
        | 
           
			 | 
        ballot to be used in another election. | 
      
      
        | 
           
			 | 
               Sec. 8064.0703.  DECLARING RESULT AND ISSUING ORDER.  (a)  If  | 
      
      
        | 
           
			 | 
        a majority of the voters voting at the election approve the  | 
      
      
        | 
           
			 | 
        proposition or propositions, the board shall declare the results  | 
      
      
        | 
           
			 | 
        and, by order, shall establish the defined area and describe it by  | 
      
      
        | 
           
			 | 
        metes and bounds or designate the specific property. | 
      
      
        | 
           
			 | 
               (b)  A court may not review the board's order except on the  | 
      
      
        | 
           
			 | 
        ground of fraud, palpable error, or arbitrary and confiscatory  | 
      
      
        | 
           
			 | 
        abuse of discretion. | 
      
      
        | 
           
			 | 
               Sec. 8064.0704.  TAXES FOR SERVICES, IMPROVEMENTS, AND  | 
      
      
        | 
           
			 | 
        FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY.  On voter  | 
      
      
        | 
           
			 | 
        approval and adoption of the order described by Section 8064.0703,  | 
      
      
        | 
           
			 | 
        the district may apply separately, differently, equitably, and  | 
      
      
        | 
           
			 | 
        specifically its taxing power and lien authority to the defined  | 
      
      
        | 
           
			 | 
        area or designated property to provide money to construct,  | 
      
      
        | 
           
			 | 
        administer, maintain, and operate services, improvements, and  | 
      
      
        | 
           
			 | 
        facilities that primarily benefit the defined area or designated  | 
      
      
        | 
           
			 | 
        property. | 
      
      
        | 
           
			 | 
               Sec. 8064.0705.  ISSUANCE OF BONDS FOR DEFINED AREA OR  | 
      
      
        | 
           
			 | 
        DESIGNATED PROPERTY.  After the order under Section 8064.0703 is  | 
      
      
        | 
           
			 | 
        adopted, the district may issue bonds to provide for any land,  | 
      
      
        | 
           
			 | 
        improvements, facilities, plants, equipment, and appliances for  | 
      
      
        | 
           
			 | 
        the defined area or designated property. | 
      
      
        | 
           
			 | 
               SECTION 2.  The Northeast Burnet County Water District No. 1  | 
      
      
        | 
           
			 | 
        initially includes all the territory contained in the following  | 
      
      
        | 
           
			 | 
        area: | 
      
      
        | 
           
			 | 
        FIELD NOTES | 
      
      
        | 
           
			 | 
        BEING ALL OF THAT CERTAIN 1863.573 ACRE TRACT OR PARCEL OF LAND OUT  | 
      
      
        | 
           
			 | 
        OF AND A PART OF THE JAMES H. CRISWELL SURVEY, NO. 64, ABSTRACT NO.  | 
      
      
        | 
           
			 | 
        187 1/2, M.M GRANT SURVEY NO. 529, ABSTRACT NO. 369, M.M. GRANT  | 
      
      
        | 
           
			 | 
        SURVEY NO. 530, ABSTRACT NO. 370, J.H. EVANS SURVEY NO. 1239,  | 
      
      
        | 
           
			 | 
        ABSTRACT NO. 1164, WILLIAM B. ANDERSON SURVEY NO. 65, ABSTRACT NO.  | 
      
      
        | 
           
			 | 
        13, T.C.RY. CO. SURVEY NO. 53, ABSTRACT NO. 1357, JOHN B. BARKER  | 
      
      
        | 
           
			 | 
        SURVEY NO. 1345, ABSTRACT NO. 1211, WILLIAM G. WILLIAMS SURVEY NO.  | 
      
      
        | 
           
			 | 
        931, ABSTRACT NO. 1001, W.C. HEATH SURVEY NO. 1398, ABSTRACT NO.  | 
      
      
        | 
           
			 | 
        1310, SARAH SMART SURVEY, NO. 841, ABSTRACT NO. 865, T.C.R.R. CO.  | 
      
      
        | 
           
			 | 
        SURVEY NO. 91, ABSTRACT NO. 1588, DAVE STEWART SURVEY NO. 5,  | 
      
      
        | 
           
			 | 
        ABSTRACT NO 806, AND THE S.W. MAYO SURVEY NO. 1156, ABSTRACT NO.  | 
      
      
        | 
           
			 | 
        1184, ALL SITUATED IN BURNET COUNTY, TEXAS, SAID TRACT OF LAND BEING  | 
      
      
        | 
           
			 | 
        MORE PARTICULARLY DESCRIBED AS BEING ALL OF A CALLED 233.6123 ACRE  | 
      
      
        | 
           
			 | 
        TRACT OF LAND (EXHIBIT A), SAVE AND EXCEPT A CALLED 10.00 ACRE TRACT  | 
      
      
        | 
           
			 | 
        OF LAND (EXHIBIT B) CONVEYED TO SWG BRIGGS I, LP. IN DOCUMENT NO.  | 
      
      
        | 
           
			 | 
        201610419, OFFICIAL PUBLIC RECORDS OF BURNET COUNTY, TEXAS, ALL OF  | 
      
      
        | 
           
			 | 
        A CALLED 1526.98 ACRE TRACT OF LAND CONVEYED TO SWG BRIGGS I, LP.,  | 
      
      
        | 
           
			 | 
        IN VOLUME 856, PAGE 747, OFFICIAL PUBLIC RECORDS OF BURNET COUNTY,  | 
      
      
        | 
           
			 | 
        TEXAS, AND ALL OF A CALLED 113.00 ACRE TRACT OF LAND CONVEYED TO SWG  | 
      
      
        | 
           
			 | 
        BRIGGS I, LP., IN DOCUMENT NUMBER 201610423, OFFICIAL PUBLIC  | 
      
      
        | 
           
			 | 
        RECORDS OF BURNET COUNTY, TEXAS, SAID 1863.573 ACRE TRACT OF LAND  | 
      
      
        | 
           
			 | 
        BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | 
      
      
        | 
           
			 | 
        BEGINNING, at a at the northernmost corner of said 113.00 acre  | 
      
      
        | 
           
			 | 
        tract, being at the westernmost corner of A CALLED 31.0236 acre  | 
      
      
        | 
           
			 | 
        tract of land conveyed to Mike & Deanna Leschber in Document Number  | 
      
      
        | 
           
			 | 
        201204123, Official Public Records of Burnet County, Texas, same  | 
      
      
        | 
           
			 | 
        being in the southeast line of County Road 219 (R.O.W. Varies), for  | 
      
      
        | 
           
			 | 
        the northeast corner and the POINT OF BEGINNING of the herein  | 
      
      
        | 
           
			 | 
        described tract of land, | 
      
      
        | 
           
			 | 
        THENCE, with the northeast line of said 113.00 acres, the southwest  | 
      
      
        | 
           
			 | 
        line of said 31.0236 acres, the southwest line of a called 25.16  | 
      
      
        | 
           
			 | 
        acre tract of land conveyed to Danny & Darlene Bannister in Document  | 
      
      
        | 
           
			 | 
        Number 201605105, Official Public Records of Burnet, County, Texas,  | 
      
      
        | 
           
			 | 
        and the southwest line of a called 25.18 acre tract of land conveyed  | 
      
      
        | 
           
			 | 
        to Barbara Cook Irrevocable Trust in Document Number 201604313,  | 
      
      
        | 
           
			 | 
        Official Public Records of Burnet County, Texas, the following nine  | 
      
      
        | 
           
			 | 
        (9) courses and distances, numbered 1 through 9, | 
      
      
        | 
           
			 | 
               1)  S21°23'29"E, a distance of 526.92 feet to a point, | 
      
      
        | 
           
			 | 
               2)  S28°33'31"E, a distance of 1017.15 feet to a point, | 
      
      
        | 
           
			 | 
               3)  S08°26'18"W, a distance of 288.16 feet to a point, | 
      
      
        | 
           
			 | 
               4)  N86°24'09"E, a distance of 312.43 feet to a point, | 
      
      
        | 
           
			 | 
               5)  S32°25'56"E, a distance of 358.15 feet to a point, | 
      
      
        | 
           
			 | 
               6)  S29°49'18"E, a distance of 163.65 feet to a point, | 
      
      
        | 
           
			 | 
               7)  S36°39'03"E, a distance of 194.88 feet to a point, | 
      
      
        | 
           
			 | 
               8)  S22°22'24"E, a distance of 94.36 feet to a point, and | 
      
      
        | 
           
			 | 
               9)  S19°03'14"E, a distance of 218.48 feet to a point at the  | 
      
      
        | 
           
			 | 
        most westerly, southwest corner of said 25.18 acre tract, being the  | 
      
      
        | 
           
			 | 
        easternmost corner of said 113.00 acre tract, same being in a  | 
      
      
        | 
           
			 | 
        northwest line of said 1526.98 acre tract of land, | 
      
      
        | 
           
			 | 
        THENCE, N67°56'31"E, with the southeast line of said 25.18 acre  | 
      
      
        | 
           
			 | 
        tract, a distance of 815.54 feet to a point at an interior corner of  | 
      
      
        | 
           
			 | 
        said 25.18 acre tract of land, | 
      
      
        | 
           
			 | 
        THENCE, S21°01'35"E, continuing with a northeast line of said  | 
      
      
        | 
           
			 | 
        1526.98 acre tract, the southwest line of said 25.18 acre tract, the  | 
      
      
        | 
           
			 | 
        southwest line of a called 25.10 acre tract of land conveyed to  | 
      
      
        | 
           
			 | 
        Pamela Cannavan in Volume 1214, Page 561, Official Public Records  | 
      
      
        | 
           
			 | 
        of Burnet County, Texas, the southwest line of a called 25.092 acre  | 
      
      
        | 
           
			 | 
        tract of land conveyed to David & Melody Baker in Document Number  | 
      
      
        | 
           
			 | 
        201100991, Official Public Records of Burnet County, Texas, and the  | 
      
      
        | 
           
			 | 
        southwest line of a called 25.13 acre tract of land conveyed to K.D.  | 
      
      
        | 
           
			 | 
        Rhodes Ranch, LLC. in Document Number 200702836, Official Public  | 
      
      
        | 
           
			 | 
        Records of Burnet, County, Texas, a distance of 3532.45 feet to a  | 
      
      
        | 
           
			 | 
        point at the southernmost corner of said 25.13 acre tract, being in  | 
      
      
        | 
           
			 | 
        the northwest line of a called 31.44 acre tract of land conveyed to  | 
      
      
        | 
           
			 | 
        Daniel & Diann Davis in Volume 1032, Page 314m, Official Public  | 
      
      
        | 
           
			 | 
        Records of Burnet, County, Texas, | 
      
      
        | 
           
			 | 
        THENCE, S67°36'29"W, with the northwest line of said 31.44 acre and  | 
      
      
        | 
           
			 | 
        a southeast line of said 1526.98 acre tract of land, a distance of  | 
      
      
        | 
           
			 | 
        281.44 feet to a point at the westernmost corner of said 31.44 acre  | 
      
      
        | 
           
			 | 
        tract, | 
      
      
        | 
           
			 | 
        THENCE, continuing with a northeast line of said 1526.98 acre  | 
      
      
        | 
           
			 | 
        tract, the southwest line of said 31.44 acre tract, the southwest  | 
      
      
        | 
           
			 | 
        line of a called 50.0 acre tract of land conveyed to Andres &  | 
      
      
        | 
           
			 | 
        Jacqueline Gonzales in Volume 632, Page 553, Official Public  | 
      
      
        | 
           
			 | 
        Records of Burnet County, Texas, and a southwest line of a called  | 
      
      
        | 
           
			 | 
        79.88 acre tract of land (Tract Three) conveyed to Kevin & Faith  | 
      
      
        | 
           
			 | 
        McAndrew in Document Number 20906099, Official Public Records of  | 
      
      
        | 
           
			 | 
        Burnet County, Texas, the following four (4) courses and distances,  | 
      
      
        | 
           
			 | 
        numbered 1 through 4, | 
      
      
        | 
           
			 | 
               1)  S21°06'12"E, a distance of 924.69 feet to a point, | 
      
      
        | 
           
			 | 
               2)  S25°03'14"E, a distance of 415.81 feet to a point, | 
      
      
        | 
           
			 | 
               3)  S20°46'52"E, a distance of 563.14 feet to a point, and | 
      
      
        | 
           
			 | 
               4)  S21°06'08"E, a distance of 745.00 feet to a point at an  | 
      
      
        | 
           
			 | 
        interior corner of said 79.88 acre tract, being at the easternmost  | 
      
      
        | 
           
			 | 
        corner of said 1526.98 acre tract, for the easternmost corner of the  | 
      
      
        | 
           
			 | 
        herein described tract of land, | 
      
      
        | 
           
			 | 
        THENCE, S68°34'51"W, with a southeast line of said 1526.98 acre  | 
      
      
        | 
           
			 | 
        tract, a northwest line of said 79.88 acre tract, and the northwest  | 
      
      
        | 
           
			 | 
        line of Lots 18 & 19, Spring Creek Estates, a subdivision recorded  | 
      
      
        | 
           
			 | 
        in Volume 2, Page 29A, Plat Records of Burnet county, Texas, a  | 
      
      
        | 
           
			 | 
        distance of 2652.74 feet to a point at the westernmost corner of  | 
      
      
        | 
           
			 | 
        said Lot 18, being at a south corner of said 1526.98 acre tract,  | 
      
      
        | 
           
			 | 
        same being in the northeast line of a called 107.9 acre tract of  | 
      
      
        | 
           
			 | 
        land conveyed to Charles & Nancy Stovall in Document Number  | 
      
      
        | 
           
			 | 
        201803478, Official Public Records of Burnet County, Texas, | 
      
      
        | 
           
			 | 
        THENCE, N21°32'12"W, with a southwest line of said 1526.98 acre  | 
      
      
        | 
           
			 | 
        tract and the northeast line of said 107.9 acre tract of land, a  | 
      
      
        | 
           
			 | 
        distance of 1043.80 feet to a point at the north corner of said  | 
      
      
        | 
           
			 | 
        107.9 acre tract of land, | 
      
      
        | 
           
			 | 
        THENCE, with a southeast line of said 1526.98 acre tract, the  | 
      
      
        | 
           
			 | 
        southeast line of said 223.6123 acre tract, the northwest line of  | 
      
      
        | 
           
			 | 
        said 107.9 acre tract, the northwest line of a called 317.74 acre  | 
      
      
        | 
           
			 | 
        tract of land, (Tract 1) conveyed to Jadenyx, LP. in Volume 1196,  | 
      
      
        | 
           
			 | 
        Page 271, Official Public Records of Burnet County, Texas, and the  | 
      
      
        | 
           
			 | 
        northwest line of a called 232.06 acre tract of land (Tract 3)  | 
      
      
        | 
           
			 | 
        conveyed to Jadenyx, LP. in Volume 1196, Page 271, Official Public  | 
      
      
        | 
           
			 | 
        Records of Burnet County, Texas, the following two (2) courses and  | 
      
      
        | 
           
			 | 
        distances, numbered 1 and 2, | 
      
      
        | 
           
			 | 
               1)  S68°29'04"W, a distance of 1840.13 feet to a point, and | 
      
      
        | 
           
			 | 
               2)  S68°51'14"W, a distance of 5049.97 feet to a point at the  | 
      
      
        | 
           
			 | 
        west corner of said 232.06 acre tract, being at the southernmost  | 
      
      
        | 
           
			 | 
        corner of said 223.6123 acre tract, same being in the northeast line  | 
      
      
        | 
           
			 | 
        of a called 469.21 acre tract of land conveyed to Billie Stiles in  | 
      
      
        | 
           
			 | 
        Volume 1458, Page 914, Official Public Records of Burnet County,  | 
      
      
        | 
           
			 | 
        Texas, for the southwest corner of the herein described tract of  | 
      
      
        | 
           
			 | 
        land, | 
      
      
        | 
           
			 | 
        THENCE, with the common line of said 469.21 acre tract of land and  | 
      
      
        | 
           
			 | 
        said 223.6123 acre tract of land, the following two (2) courses and  | 
      
      
        | 
           
			 | 
        distances, numbered 1 and 2, | 
      
      
        | 
           
			 | 
               1)  N21°32'07"W, a distance of 2024.80 feet to a point at the  | 
      
      
        | 
           
			 | 
        northernmost corner of said 469.21 acre tract of land, and | 
      
      
        | 
           
			 | 
               2)  S69°04'28"W, a distance of 1682.57 feet to a point in the  | 
      
      
        | 
           
			 | 
        northwest line of said 469.21 acre tract, being at a southwest  | 
      
      
        | 
           
			 | 
        corner of said 223.6123 acre tract, same being at the easternmost  | 
      
      
        | 
           
			 | 
        corner of a called 160.45 acre tract of land conveyed to Floyd &  | 
      
      
        | 
           
			 | 
        Tammy Cantwell in Document Number 200910400, Official Public  | 
      
      
        | 
           
			 | 
        Records of Burnet County, Texas, for a southwest corner of the  | 
      
      
        | 
           
			 | 
        herein described tract of land, | 
      
      
        | 
           
			 | 
        THENCE, N21°13'36"W, with a southwest line of said 223.6123 acre  | 
      
      
        | 
           
			 | 
        tract, the northeast line of said 160.45 acre tract and the  | 
      
      
        | 
           
			 | 
        northeast line of a called 14.0 acre tract of land conveyed to SWG  | 
      
      
        | 
           
			 | 
        Briggs I, LP. in Document Number 201610417, Official Public Records  | 
      
      
        | 
           
			 | 
        of Burnet County, Texas, a distance of 1973.11 feet to a point in  | 
      
      
        | 
           
			 | 
        the southwest line of said 223.6123 acre tract, being in the  | 
      
      
        | 
           
			 | 
        northeast line of said 14.0 acre tract, same being at the  | 
      
      
        | 
           
			 | 
        southernmost corner of a called 10.00 acre tract of land conveyed to  | 
      
      
        | 
           
			 | 
        Wayne & Leigh Anne Eaton in Volume 975, Page 166, Official Public  | 
      
      
        | 
           
			 | 
        Records of Burnet County, Texas, | 
      
      
        | 
           
			 | 
        THENCE, with the southeast and northeast line of said 10.00 acre  | 
      
      
        | 
           
			 | 
        tract and over and across said 223.6123 acre tract of land, the  | 
      
      
        | 
           
			 | 
        following two (2) courses and distances, numbered 1 and 2, | 
      
      
        | 
           
			 | 
               1)  N69°01'35"E, a distance of 660.01 feet to a point at the  | 
      
      
        | 
           
			 | 
        east corner of said 10.00 acre tract, and | 
      
      
        | 
           
			 | 
               2)  N21°13'36"W, a distance of 660.00 feet to a point at the  | 
      
      
        | 
           
			 | 
        northernmost corner of said 10.00 acre tract, being a northwest  | 
      
      
        | 
           
			 | 
        line of said 223.6123 acre tract of land, same being in the  | 
      
      
        | 
           
			 | 
        southeast line of FM 2657 (80' R.O.W.), for a west corner of the  | 
      
      
        | 
           
			 | 
        herein described tract of land, | 
      
      
        | 
           
			 | 
        THENCE, with the southeast line of said FM 2657, the northwest line  | 
      
      
        | 
           
			 | 
        of said 223.6123 acre tract and the northwest line of said 1526.98  | 
      
      
        | 
           
			 | 
        acre tract of land, the following nine (9) courses and distances,  | 
      
      
        | 
           
			 | 
        numbered 1 through 9, | 
      
      
        | 
           
			 | 
               1)  N69°01'35"E, a distance of 680.27 feet to a point at the  | 
      
      
        | 
           
			 | 
        beginning of a curve to the left, | 
      
      
        | 
           
			 | 
               2)  Along said curve to the left, having a radius of 1185.92  | 
      
      
        | 
           
			 | 
        feet, an arc length of 1092.68 feet, and a chord that bears  | 
      
      
        | 
           
			 | 
        N42°38'30"E, a distance of 1054.44 feet to a point, | 
      
      
        | 
           
			 | 
               3)  N16°14'45"E, a distance of 1349.29 feet to a point at the  | 
      
      
        | 
           
			 | 
        beginning of a curve to the left, | 
      
      
        | 
           
			 | 
               4)  Along said curve to the left, having a radius of 2904.79  | 
      
      
        | 
           
			 | 
        feet, an arc length of 769.66 feet, and a chord that bears  | 
      
      
        | 
           
			 | 
        N08°39'20"E, a distance of 767.41 feet to a point, | 
      
      
        | 
           
			 | 
               5)  N01°04'37"E, a distance of 1877.79 feet to a point at the  | 
      
      
        | 
           
			 | 
        beginning of a curve to the right, | 
      
      
        | 
           
			 | 
               6)  Along said curve to the right, having a radius of 1105.92  | 
      
      
        | 
           
			 | 
        feet, an arc length of 637.44 feet, and a chord that bears  | 
      
      
        | 
           
			 | 
        N17°32'25"E, a distance of 628.65 feet to a point, | 
      
      
        | 
           
			 | 
               7)  N42°28'01"E, a distance of 97.25 feet to a point at the  | 
      
      
        | 
           
			 | 
        beginning of a curve to the right, | 
      
      
        | 
           
			 | 
               8)  Along said curve to the right, having a radius of 1095.92  | 
      
      
        | 
           
			 | 
        feet, an arc length of 162.19 feet, and a chord that bears  | 
      
      
        | 
           
			 | 
        N43°19'43"E, a distance of 162.04 feet to a point, and | 
      
      
        | 
           
			 | 
               9)  N47°34'39"E, a distance of 657.87 feet to a point at the  | 
      
      
        | 
           
			 | 
        intersection of the southeast line of said FM 2657 and the south  | 
      
      
        | 
           
			 | 
        line of County Road 219 (R.O.W. Varies), being at a north corner of  | 
      
      
        | 
           
			 | 
        said 1526.98 acre tract of land, for a north corner of the herein  | 
      
      
        | 
           
			 | 
        described tract of land, | 
      
      
        | 
           
			 | 
        THENCE, with the south line of said County Road 219, the north line  | 
      
      
        | 
           
			 | 
        of said 1526.98 acre tract, and the north line of said 113.00 acre  | 
      
      
        | 
           
			 | 
        tract, the following eight (8) courses and distances, numbered 1  | 
      
      
        | 
           
			 | 
        through 8, | 
      
      
        | 
           
			 | 
               1)  S54°06'13"E, a distance of 57.20 feet to a point, | 
      
      
        | 
           
			 | 
               2)  S72°29'38"E, a distance of 88.74 feet to a point, | 
      
      
        | 
           
			 | 
               3)  N69°30'23"E, a distance of 313.21 feet to a point, | 
      
      
        | 
           
			 | 
               4)  N86°15'23"E, a distance of 719.11 feet to a point, | 
      
      
        | 
           
			 | 
               5)  S54°47'06"E, a distance of 233.00 feet to a point, | 
      
      
        | 
           
			 | 
               6)  S85°05'04"E, a distance of 2003.08 feet to a point, | 
      
      
        | 
           
			 | 
               7)  N86°10'53"E, a distance of 53.79 feet to a point, | 
      
      
        | 
           
			 | 
               8)  N68°21'35"E, a distance of 1753.54 feet to the POINT OF  | 
      
      
        | 
           
			 | 
        BEGINNING and containing 1863.573 acres of land. | 
      
      
        | 
           
			 | 
        BEARING BASIS: 1526.98 Acres, Volume 856, Page 747, Official Public  | 
      
      
        | 
           
			 | 
        Records of Burnet County, Texas. | 
      
      
        | 
           
			 | 
               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  | 
      
      
        | 
           
			 | 
        8064, Special District Local Laws Code, as added by Section 1 of  | 
      
      
        | 
           
			 | 
        this Act, is amended by adding Section 8064.0307 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 8064.0307.  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 immediately if it receives  | 
      
      
        | 
           
			 | 
        a vote of two-thirds of all the members elected to each house, as  | 
      
      
        | 
           
			 | 
        provided by Section 39, Article III, Texas Constitution.  If this  | 
      
      
        | 
           
			 | 
        Act does not receive the vote necessary for immediate effect, this  | 
      
      
        | 
           
			 | 
        Act takes effect September 1, 2019. | 
      
      
        |   | 
      
      
        |   | 
      
      
        |   | 
        ______________________________ | 
        ______________________________ | 
      
      
        |   | 
           President of the Senate | 
        Speaker of the House      | 
      
      
        |   | 
      
      
        |   | 
      
      
        | 
           		
			 | 
               I certify that H.B. No. 4669 was passed by the House on May 3,  | 
      
      
        | 
           		
			 | 
        2019, by the following vote:  Yeas 124, Nays 16, 2 present, not  | 
      
      
        | 
           		
			 | 
        voting. | 
      
      
        | 
           		
			 | 
         | 
      
      
        | 
           		
			 | 
        ______________________________ | 
      
      
        | 
           		
			 | 
        Chief Clerk of the House    | 
      
      
        |   | 
      
      
        |   | 
      
      
        | 
           		
			 | 
               I certify that H.B. No. 4669 was passed by the Senate on May  | 
      
      
        | 
           		
			 | 
        21, 2019, by the following vote:  Yeas 30, Nays 1. | 
      
      
        | 
           		
			 | 
         | 
      
      
        | 
           		
			 | 
        ______________________________ | 
      
      
        | 
           		
			 | 
        Secretary of the Senate     | 
      
      
        | 
           		
			 | 
        APPROVED:  _____________________ | 
      
      
        | 
           		
			 | 
                           Date           | 
      
      
        | 
           		
			 | 
          | 
      
      
        | 
           		
			 | 
                  _____________________ | 
      
      
        | 
           		
			 | 
                         Governor        |