|
|
|
|
AN ACT
|
|
relating to the creation of the Joshua Farms Municipal Management |
|
District No. 2; granting a limited power of eminent domain; |
|
providing authority to issue bonds; providing authority to impose |
|
assessments or fees. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle C, Title 4, Special District Local Laws |
|
Code, is amended by adding Chapter 3929 to read as follows: |
|
CHAPTER 3929. JOSHUA FARMS MUNICIPAL MANAGEMENT DISTRICT NO. 2 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 3929.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "City" means the City of Cleburne, Texas. |
|
(3) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(4) "County" means Johnson County, Texas. |
|
(5) "Director" means a board member. |
|
(6) "District" means the Joshua Farms Municipal |
|
Management District No. 2. |
|
Sec. 3929.002. CREATION AND NATURE OF DISTRICT. The Joshua |
|
Farms Municipal Management District No. 2 is a special district |
|
created under Sections 52 and 52-a, Article III, and Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 3929.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
|
creation of the district is essential to accomplish the purposes of |
|
Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
|
Texas Constitution, and other public purposes stated in this |
|
chapter. By creating the district and in authorizing the city and |
|
other political subdivisions to contract with the district, the |
|
legislature has established a program to accomplish the public |
|
purposes set out in Section 52-a, Article III, Texas Constitution. |
|
(b) The creation of the district is necessary to promote, |
|
develop, encourage, and maintain employment, commerce, |
|
transportation, housing, tourism, recreation, the arts, |
|
entertainment, economic development, safety, and the public |
|
welfare in the district. |
|
Sec. 3929.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) 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. |
|
(c) The district is created to accomplish the purposes of a |
|
municipal management district as provided by general law and |
|
Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
|
Texas Constitution. |
|
(d) The creation of the district is in the public interest |
|
and is essential to: |
|
(1) further the public purposes of developing and |
|
diversifying the economy of the state; |
|
(2) eliminate unemployment and underemployment; and |
|
(3) develop or expand transportation and commerce. |
|
(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 community and business center; and |
|
(3) promote the health, safety, welfare, and enjoyment |
|
of the public by providing pedestrian ways and by landscaping 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, parking, and street art objects are parts of and |
|
necessary components of a street and are considered to be a street |
|
or road improvement. |
|
Sec. 3929.005. 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 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 contract; |
|
(3) authority to borrow money or issue bonds or other |
|
obligations described by Section 3929.253 or to pay the principal |
|
and interest of the bonds or other obligations; |
|
(4) right to impose or collect an assessment or |
|
collect other revenue; or |
|
(5) legality or operation. |
|
Sec. 3929.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
|
(a) All or any part of the area of the district is eligible to be |
|
included in: |
|
(1) a tax increment reinvestment zone created under |
|
Chapter 311, Tax Code; |
|
(2) a tax abatement reinvestment zone created under |
|
Chapter 312, Tax Code; or |
|
(3) an enterprise zone created under Chapter 2303, |
|
Government Code. |
|
(b) If the city creates a tax increment reinvestment zone |
|
described by Subsection (a), the city and the board of directors of |
|
the zone, by contract with the district, may grant money deposited |
|
in the tax increment fund to the district to be used by the district |
|
for: |
|
(1) the purposes permitted for money granted to a |
|
corporation under Section 380.002(b), Local Government Code; and |
|
(2) any other district purpose, including the right to |
|
pledge the money as security for any bonds or other obligations |
|
issued by the district under Section 3929.253. |
|
(c) If the city creates a tax increment reinvestment zone |
|
described by Subsection (a), the city may determine the percentage |
|
of the property in the zone that may be used for residential |
|
purposes and is not subject to the limitations provided by Section |
|
311.006, Tax Code. |
|
Sec. 3929.007. CONFIRMATION AND DIRECTORS' ELECTION |
|
REQUIRED. On receipt of a petition signed by the owners of a |
|
majority of the acreage and the assessed value of real property in |
|
the district according to the most recent certified tax appraisal |
|
roll for the county, the initial 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. 3929.008. DEVELOPMENT AND OPERATING AGREEMENT |
|
EXECUTION REQUIRED. (a) The initial directors may not hold an |
|
election under Section 3929.007 until the city has entered into a |
|
development and operating agreement under Section 3929.156. |
|
(b) The district is dissolved and this chapter expires March |
|
1, 2018, if the development and operating agreement is not entered |
|
into before that date. |
|
Sec. 3929.009. APPLICABILITY OF MUNICIPAL MANAGEMENT |
|
DISTRICT LAW. (a) Except as provided by this chapter, Chapter 375, |
|
Local Government Code, including Subchapters E and F, applies to |
|
the district. |
|
(b) The following provisions of Chapter 375, Local |
|
Government Code, do not apply to the district: |
|
(1) Sections 375.164 and 375.262; and |
|
(2) Subchapters B and O. |
|
Sec. 3929.010. CONSTRUCTION OF CHAPTER. This chapter shall |
|
be construed in conformity with the findings and purposes stated in |
|
this chapter. |
|
Sec. 3929.011. CONCURRENCE ON ADDITIONAL POWERS. If the |
|
legislature grants the district a power that is in addition to the |
|
powers approved by the initial resolution of the governing body of |
|
the city consenting to the creation of the district, the district |
|
may not exercise that power unless the governing body of the city |
|
consents to that change by ordinance or resolution. |
|
Sec. 3929.012. CITY CONSENT TO CREATION OF DISTRICT. The |
|
city's consent to the creation of the district is not subject to the |
|
limitations on the conditions or other restrictions the city may |
|
place on its consent under Section 42.042, Local Government Code. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 3929.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 3929.054, directors serve |
|
staggered four-year terms, with two or three directors' terms |
|
expiring June 1 of each odd-numbered year. |
|
Sec. 3929.052. BOARD MEETINGS. The board shall hold |
|
meetings at a place accessible to the public. |
|
Sec. 3929.053. REMOVAL OF DIRECTORS. (a) The board may |
|
remove a director by unanimous vote of the other directors if the |
|
director has missed at least half of the meetings scheduled during |
|
the preceding 12 months. |
|
(b) A director removed under this section may file a written |
|
appeal with the commission not later than the 30th day after the |
|
date the director receives written notice of the board action. The |
|
commission may reinstate the director if the commission finds that |
|
the removal was unwarranted under the circumstances after |
|
considering the reasons for the absences, the time and place of the |
|
meetings, the business conducted at the meetings missed, and any |
|
other relevant circumstances. |
|
Sec. 3929.054. INITIAL DIRECTORS. (a) The initial board |
|
consists of: |
|
Pos. No. Name of Director |
|
1 David Rex |
|
2 Barb Levis |
|
3 John Tatum |
|
4 Charles Collie |
|
5 Stephanie Fine |
|
(b) Initial directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 3929.007; 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 3929.007 and the terms of the initial directors have |
|
expired, successor initial 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 3929.007; 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 |
|
according to the most recent certified tax appraisal rolls for the |
|
county may submit a petition to the commission requesting that the |
|
commission appoint as successor initial directors the five persons |
|
named in the petition. The commission shall appoint as successor |
|
initial directors the five persons named in the petition. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 3929.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 3929.102. IMPROVEMENT PROJECTS. The district may |
|
provide, or it may enter into contracts with a governmental or |
|
private entity to provide, the improvement projects described by |
|
Subchapter C-1 or activities in support of or incidental to those |
|
projects. |
|
Sec. 3929.103. WATER DISTRICT POWERS. The district has the |
|
powers provided by the general laws relating to conservation and |
|
reclamation districts created under Section 59, Article XVI, Texas |
|
Constitution, including Chapters 49 and 54, Water Code. |
|
Sec. 3929.104. 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. 3929.105. 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. 3929.106. PUBLIC IMPROVEMENT DISTRICT POWERS. The |
|
district has the powers provided by Chapter 372, Local Government |
|
Code, to a municipality or county. |
|
Sec. 3929.107. CONTRACT POWERS. The district may contract |
|
with a governmental or private entity, on terms determined by the |
|
board, to carry out a power or duty authorized by this chapter or to |
|
accomplish a purpose for which the district is created. |
|
Sec. 3929.108. AD VALOREM TAXATION. The district may not |
|
impose an ad valorem tax. |
|
Sec. 3929.109. LIMITATIONS ON EMERGENCY SERVICES POWERS. |
|
The district may not establish, operate, maintain, or finance a |
|
police or fire department without the consent of the city by |
|
ordinance or resolution. |
|
Sec. 3929.110. ADDING OR REMOVING TERRITORY. As provided |
|
by Subchapter J, Chapter 49, Water Code, the board may add territory |
|
inside the extraterritorial jurisdiction of the city to the |
|
district or remove territory inside the extraterritorial |
|
jurisdiction of the city from the district, except that: |
|
(1) the addition or removal of the territory must be |
|
approved by the city; |
|
(2) the addition or removal may not occur without |
|
petition by the owners of the territory being added or removed; and |
|
(3) territory may not be removed from the district if |
|
bonds or other obligations of the district payable wholly or partly |
|
from assessments assessed on the territory are outstanding. |
|
Sec. 3929.111. NO TOLL ROADS. The district may not |
|
construct, acquire, maintain, or operate a toll road. |
|
Sec. 3929.112. EMINENT DOMAIN. (a) Section 375.094, Local |
|
Government Code, does not apply to the district. |
|
(b) Except as provided by Subsection (c), and subject to the |
|
consent of the city by ordinance or resolution, the district may |
|
exercise the right of eminent domain in the manner provided by |
|
Section 49.222, Water Code. The city may not unreasonably withhold |
|
consent under this section. |
|
(c) The district may not exercise the power of eminent |
|
domain outside the district to acquire a site or easement for: |
|
(1) a road project authorized by Section 3929.104; or |
|
(2) a recreational facility as defined by Section |
|
49.462, Water Code. |
|
Sec. 3929.113. ENFORCEMENT OF REAL PROPERTY RESTRICTIONS. |
|
The district may enforce a real property restriction in the manner |
|
provided by Section 54.237, Water Code, if, in the reasonable |
|
judgment of the board, the enforcement of the restriction is |
|
necessary. |
|
Sec. 3929.114. POWERS SUBJECT TO DEVELOPMENT AND OPERATING |
|
AGREEMENT. In addition to the other limitations provided by this |
|
chapter, the district's authority to exercise its powers is subject |
|
to the terms of the development and operating agreement required |
|
under Section 3929.156. |
|
SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES |
|
Sec. 3929.151. IMPROVEMENT PROJECTS AND SERVICES. The |
|
district may provide, design, construct, acquire, improve, |
|
relocate, operate, maintain, or finance an improvement project or |
|
service, including water, wastewater, drainage, and roadway |
|
projects or services, using any money available to the district, or |
|
contract with a governmental or private entity and reimburse that |
|
entity for the provision, design, construction, acquisition, |
|
improvement, relocation, operation, maintenance, or financing of |
|
an improvement project, service, or cost, for the provision of |
|
credit enhancement, or for any cost of operating or maintaining the |
|
district or the issuance of district obligations authorized under |
|
this chapter, Chapter 372 or 375, Local Government Code, or Chapter |
|
49 or 54, Water Code. |
|
Sec. 3929.152. BOARD DETERMINATION REQUIRED. The district |
|
may not undertake an improvement project unless the board |
|
determines the project is necessary to accomplish a public purpose |
|
of the district. |
|
Sec. 3929.153. LOCATION OF IMPROVEMENT PROJECT. An |
|
improvement project may be located or provide service inside or |
|
outside the district. |
|
Sec. 3929.154. CITY REQUIREMENTS. An improvement project |
|
in the district must comply with any applicable requirements of the |
|
city, including codes and ordinances, unless specifically waived or |
|
superseded by the development and operating agreement entered into |
|
under Section 3929.156 or another agreement with the city. |
|
Sec. 3929.155. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE |
|
AREA; BENEFIT BASIS. The district may undertake an improvement |
|
project or service that confers a special benefit on a definable |
|
area in the district and levy and collect a special assessment on |
|
benefited property in the district in accordance with: |
|
(1) Chapter 372, Local Government Code; or |
|
(2) Chapter 375, Local Government Code. |
|
Sec. 3929.156. DEVELOPMENT AND OPERATING AGREEMENT |
|
REQUIRED. (a) After the district's board is organized, but before |
|
the district may undertake any improvement project, issue bonds, |
|
levy assessments or fees, or borrow money, the district, the city, |
|
and the owner of a majority of the assessed value of real property |
|
in the district according to the most recent certified tax rolls of |
|
the central appraisal district of the county must negotiate and |
|
execute a mutually approved and accepted development and operating |
|
agreement, including any limitations imposed by the city. |
|
(b) An agreement authorized by this section is not effective |
|
until its terms and execution are approved by the board, the |
|
governing body of the city by ordinance or resolution, and the owner |
|
described by Subsection (a). |
|
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
|
Sec. 3929.201. DIVISION OF DISTRICT; PREREQUISITES. (a) |
|
Subject to Subsection (b), the district, including territory added |
|
to the district under Section 3929.110, may be divided into two or |
|
more new districts only if the district has no outstanding bonded |
|
debt. Territory previously added to the district under Section |
|
3929.110 may be included in a new district. |
|
(b) If the board adds territory inside the extraterritorial |
|
jurisdiction of the city or any other municipality to the district |
|
under Section 3929.110, the district may be divided under |
|
Subsection (a) only with the consent by ordinance or resolution of |
|
the city and any other municipality whose extraterritorial |
|
jurisdiction is included in the district. |
|
Sec. 3929.202. LAW APPLICABLE TO NEW DISTRICT. This |
|
chapter applies to any new district created by division of the |
|
district, and a new district has all the powers and duties of the |
|
district. |
|
Sec. 3929.203. DIVISION PROCEDURES. (a) The board, on its |
|
own motion or on receipt of a petition signed by an owner of real |
|
property in the district, may adopt an order proposing to divide the |
|
district. |
|
(b) If the board decides to divide the district, the board |
|
shall: |
|
(1) set the terms of the division, including names for |
|
the new districts and a plan for the payment or performance of any |
|
outstanding district obligations; |
|
(2) prepare a metes and bounds description for each |
|
proposed district; and |
|
(3) appoint initial directors for each new district. |
|
Sec. 3929.204. NOTICE AND RECORDING OF ORDER. Not later |
|
than the 30th day after the date of an order dividing the district, |
|
the district shall: |
|
(1) file the order with the commission; and |
|
(2) record the order in the real property records of |
|
the county. |
|
Sec. 3929.205. CONTRACT AUTHORITY OF NEW DISTRICTS. (a) |
|
Except as provided by Subsection (b), the new districts may |
|
contract with each other for any matter the boards of the new |
|
districts consider appropriate, including the joint construction |
|
or financing of a utility or roadway improvement and the joint |
|
financing of a maintenance obligation. |
|
(b) The new districts may not contract with each other for |
|
water and wastewater services. This subsection does not affect the |
|
right to contract described by Subsection (a). |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
|
Sec. 3929.251. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
|
board by resolution shall establish the number of directors' |
|
signatures and the procedure required for a disbursement or |
|
transfer of the district's money. |
|
Sec. 3929.252. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
|
The district may undertake and provide an improvement project or |
|
service authorized by this chapter using any money available to the |
|
district. |
|
Sec. 3929.253. BORROWING MONEY; OBLIGATIONS. (a) Subject |
|
to the terms of the development and operating agreement required |
|
under Section 3929.156, the district may borrow money for a |
|
district purpose, including the acquisition or construction of |
|
improvement projects authorized by this chapter and the |
|
reimbursement of a person who develops or owns an improvement |
|
project authorized by this chapter, by issuing bonds, notes, time |
|
warrants, or other obligations, or by entering into a contract or |
|
other agreement payable wholly or partly from an assessment, a |
|
contract payment, a grant, revenue from a zone created under |
|
Chapter 311 or 312, Tax Code, other district revenue, or a |
|
combination of these sources. |
|
(b) An obligation described by Subsection (a): |
|
(1) may bear interest at a rate determined by the |
|
board; and |
|
(2) may include a term or condition as determined by |
|
the board. |
|
(c) The board may issue an obligation under this section |
|
without an election. |
|
Sec. 3929.254. ASSESSMENTS. (a) Except as provided by |
|
Subsection (b), the district may impose an assessment on property |
|
in the district to pay for an obligation described by Section |
|
3929.253 or an improvement project authorized by Section 3929.151 |
|
in the manner provided for: |
|
(1) a district under Subchapters A, E, and F, Chapter |
|
375, Local Government Code; or |
|
(2) a municipality or county under Subchapter A, |
|
Chapter 372, Local Government Code. |
|
(b) The district may not impose an assessment on a |
|
municipality, county, or other political subdivision. |
|
Sec. 3929.255. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
|
375.161, Local Government Code, does not apply to the district. |
|
Sec. 3929.256. NO IMPACT FEES. The district may not impose |
|
an impact fee. |
|
Sec. 3929.257. COLLECTION OF ASSESSMENTS. The district may |
|
contract as provided by Chapter 791, Government Code, with the |
|
commissioners court of the county for the assessment and collection |
|
of assessments imposed under this subchapter. |
|
SUBCHAPTER F. DISSOLUTION |
|
Sec. 3929.301. DISSOLUTION BY BOARD. The board may |
|
dissolve the district in the manner provided by Section 375.261, |
|
Local Government Code, subject to Section 375.264, Local Government |
|
Code. |
|
Sec. 3929.302. DISSOLUTION BY CITY. (a) The city may |
|
dissolve the district by ordinance. |
|
(b) The city may not dissolve the district until: |
|
(1) the district's outstanding debt or contractual |
|
obligations have been repaid or discharged; or |
|
(2) the city agrees to succeed to the rights and |
|
obligations of the district, including an obligation described by |
|
Section 3929.304. |
|
Sec. 3929.303. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. |
|
(a) If the dissolved district has bonds or other obligations |
|
outstanding secured by and payable from assessments or other |
|
revenue, the city succeeds to the rights and obligations of the |
|
district regarding enforcement and collection of the assessments or |
|
other revenue. |
|
(b) The city shall have and exercise all district powers to |
|
enforce and collect the assessments or other revenue to pay: |
|
(1) the bonds or other obligations when due and |
|
payable according to their terms; or |
|
(2) revenue or assessment bonds or other obligations |
|
issued by the city to refund the outstanding bonds or obligations of |
|
the district. |
|
Sec. 3929.304. ASSUMPTION OF ASSETS AND LIABILITIES. (a) |
|
After the city dissolves the district, the city assumes the |
|
obligations of the district, including any contractual obligations |
|
or bonds or other debt payable from assessments or other district |
|
revenue. |
|
(b) If the city dissolves the district, the board shall |
|
transfer ownership of all district property to the city. |
|
SECTION 2. The Joshua Farms Municipal Management District |
|
No. 2 initially includes all the territory contained in the |
|
following area: |
|
BEING a tract of land situated in the B.B.B. & C.R.R. Co. Survey, |
|
Abstract Number 103, the A.J. Tucker Survey, Abstract Number 833, |
|
and the William P. King Survey, Abstract Number 489, Johnson |
|
County, Texas and being a portion of that tract of land described by |
|
deed Joshua Land Farm LLC., recorded in Instrument Number 22522, |
|
County Records, Johnson County, Texas: |
|
BEGINNING at the northwest corner of said Joshua Land Farm tract, in |
|
the south right-of-way line of FM 917 (a 80 foot right-of-way); |
|
THENCE N 89°58'32"E, 1768.76 feet with said south right-of-way; |
|
THENCE S 01°19'08"E, 1991.93 feet; |
|
THENCE N 89°05'57"E, 3989.06 feet; |
|
THENCE N 89°16'48"E, 830.50 feet to the east line of said Joshua Land |
|
Farm tract; |
|
THENCE S 00°04'27"W, 1665.41 feet with said east line; |
|
THENCE S 89°28'44"W, 3093.70 feet with said east line; |
|
THENCE S 00°03'03"W, 1465.70 feet with said east line; |
|
THENCE S 68°17'01"W, 1321.19 feet departing said east line; |
|
THENCE N 56°14'59"W, 442.41 feet; |
|
THENCE N 33°45'00"W, 3383.50 feet to the west line of said Joshua |
|
Land Farm tract; |
|
THENCE N 01°24'23"W, 2507.29 feet with said west line to the Point of |
|
Beginning and containing 17,649,096 square feet or 405 acres of |
|
land more or less. |
|
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, |
|
lieutenant governor, and 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 have been |
|
fulfilled and accomplished. |
|
SECTION 4. (a) Section 3929.112, Special District Local |
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 3929, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 3929.112 to read as follows: |
|
Sec. 3929.112. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect September 1, 2015. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 3605 was passed by the House on May 8, |
|
2015, by the following vote: Yeas 142, Nays 0, 2 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 3605 on May 29, 2015, by the following vote: Yeas 143, Nays 0, |
|
3 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 3605 was passed by the Senate, with |
|
amendments, on May 27, 2015, by the following vote: Yeas 30, Nays |
|
1. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |