Relating to the creation of the Montgomery County Municipal Utility District No. 259; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

89(R) SB 2251 - Senate Committee Report version - Bill Text

By: Creighton

S.B. No. 2251

(In the Senate - Filed March 11, 2025; March 25, 2025, read

first time and referred to Committee on Local Government;

May 7, 2025, reported adversely, with favorable Committee

Substitute by the following vote: Yeas 6, Nays 0, 1 present not

voting; May 7, 2025, sent to printer.)
Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 2251

By: Middleton

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Montgomery County Municipal Utility

District No. 259; 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 8012A to read as follows:

CHAPTER 8012A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT

NO.

259

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8012A.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 Montgomery County

Municipal

Utility District No. 259.

Sec.

8012A.0102.

NATURE OF DISTRICT.

The district is a

municipal utility district created under Section 59, Article XVI,

Texas Constitution.

Sec.

8012A.0103.

CONFIRMATION AND DIRECTOR 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.

8012A.0104.

CONSENT OF MUNICIPALITY REQUIRED. The

temporary directors may not hold an election under Section

8012A.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 as required by

applicable law.

Sec.

8012A.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.

8012A.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.

8012A.0201.

GOVERNING BODY; TERMS.

(a)

The district

is governed by a board of five elected directors.

(b)

Except as provided by Section 8012A.0202, directors

serve staggered four-year terms.

Sec.

8012A.0202.

TEMPORARY DIRECTORS.

(a)

The temporary

board consists of:

(1) Jerry Everhard;

(2) Darby Oldham Kent;

(3) Troy A. Brown;

(4) Brett West; and

(5) Caleb Davis.

(b) Temporary directors serve until the earlier of:

(1)

the date permanent directors are elected under

Section 8012A.0103; or

(2) September 1, 2029.

(c)

If permanent directors have not been elected under

Section 8012A.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 8012A.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.

8012A.0301.

GENERAL POWERS AND DUTIES.

The district

has the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec.

8012A.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.

8012A.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.

8012A.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.

8012A.0305.

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.

8012A.0306.

DIVISION OF DISTRICT. This chapter

applies to any new district created by the division of the district

under Section 49.316, Water Code, and a new district has all the

powers and duties of the district.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec.

8012A.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

8012A.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.

Sec.

8012A.0402.

OPERATION AND MAINTENANCE TAX.

(a)

If

authorized at an election held under Section 8012A.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.

8012A.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. BONDS AND OTHER OBLIGATIONS

Sec.

8012A.0501.

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.

8012A.0502.

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.

8012A.0503.

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 Montgomery County Municipal Utility District

No. 259 initially includes all the territory contained in the

following area:

342.736 ACRES

(342.386-acre tract and 0.350-acre tract)

FIELD NOTES FOR 342.386 ACRES

Being a 342.386 acre tract of land located within the Thomas J.

Williams Survey, Abstract No. 593, the Martin B. Lawrence Survey,

Abstract No. 310, and the Presley Gill Survey, Abstract No. 230,

Montgomery County, Texas, being all of a called 342.655 acre tract,

as recorded in County Clerks File No. (C.C.F.N.) 2024083985 of the

Official Public Records of Montgomery County, Texas

(O.P.R.M.C.T.), and all of a called 0.343 acre tract, as recorded in

C.C.F.N. 2024083985 of the O.P.R.M.C.T., combined referred to

hereafter as the above referenced tract of land, said 342.386 acre

tract being more particularly described by metes and bounds as

follows (bearings are based on the Texas Coordinate System of 1983,

(NAD83) Central Zone, per GPS observations):

BEGINNING at a 3/4-inch iron pipe found (pinched) for corner, being

the Northeast corner of the above referenced tract, same being the

Southeast corner of a called 94.699 acre tract, as recorded in

C.C.F.N. 2022149597 of the O.P.R.M.C.T., same being the Southwest

corner of a called 114.235 acre tract, as recorded in C.C.F.N.

2022149965 of the O.P.R.M.C.T., same being the Northwest corner of

a called 190.3782 acre tract, as recorded in C.C.F.N. 9329517 of the

O.P.R.M.C.T.;

THENCE South 03°30'21" East, along the East line of the above

referenced tract, same being the West line of said called 190.3782

acre tract, and the West line of a called 277.3296 acre tract, as

recorded in C.C.F.N. 2006119068 of the O.P.R.M.C.T., a distance of

3,908.80 feet to a 3/4-inch iron pipe found (pinched) for corner,

being an angle point in the East line of the above referenced tract;

THENCE South 56°46'57" East, along the Easterly line of the above

referenced tract, same being the Westerly line of said called

277.3296 acre tract, a distance of 672.27 feet to a point;

THENCE South 06°03'09" East, over and across the above referenced

tract, a distance of 160.45 feet to a point for corner, being in

Peach Creek;

THENCE North 69°00'30" West, along said Peach Creek, a distance of

81.97 feet to a point for corner;

THENCE North 84°04'48" West, along said Peach Creek, a distance of

186.94 feet to a point for corner;

THENCE North 83°05'29" West, along said Peach Creek, a distance of

103.60 feet to a point for corner;

THENCE North 89°23'55" West, along said Peach Creek, a distance of

99.30 feet to a point for corner;

THENCE South 83°06'59" West, along said Peach Creek, a distance of

85.86 feet to a point for corner;

THENCE South 67°33'36" West, along said Peach Creek, a distance of

96.43 feet to a point for corner;

THENCE North 85°03'20" West, along said Peach Creek, a distance of

139.37 feet to a point for corner;

THENCE North 36°52'04" West, along said Peach Creek, a distance of

71.26 feet to a point for corner;

THENCE South 83°16'48" West, along said Peach Creek, a distance of

50.98 feet to a point for corner;

THENCE South 21°21'04" West, along said Peach Creek, a distance of

73.24 feet to a point for corner;

THENCE South 71°51'57" West, along said Peach Creek, a distance of

93.60 feet to a point for corner;

THENCE North 72°46'17" West, along said Peach Creek, a distance of

71.92 feet to a point for corner;

THENCE South 73°06'31" West, along said Peach Creek, a distance of

136.79 feet to a point for corner;

THENCE North 87°54'03" West, along said Peach Creek, a distance of

198.79 feet to a point for corner;

THENCE North 63°27'29" West, along said Peach Creek, a distance of

182.42 feet to a point for corner;

THENCE North 75°57'05" West, along said Peach Creek, a distance of

75.96 feet to a point for corner;

THENCE South 40°27'42" West, along said Peach Creek, a distance of

80.51 feet to a point for corner;

THENCE North 51°33'56" West, along said Peach Creek, a distance of

167.25 feet to a point for corner;

THENCE South 78°34'17" West, along said Peach Creek, a distance of

114.32 feet to a point for corner;

THENCE South 36°53'39" West, along said Peach Creek, a distance of

44.03 feet to a point for corner;

THENCE South 35°07'20" East, along said Peach Creek, a distance of

70.81 feet to a point for corner;

THENCE South 61°41'14" East, along said Peach Creek, a distance of

74.58 feet to a point for corner;

THENCE South 50°41'44" West, along said Peach Creek, a distance of

257.15 feet to a point for corner;

THENCE South 43°26'06" West, along said Peach Creek, a distance of

146.31 feet to a point for corner;

THENCE North 85°36'57" West, along said Peach Creek, a distance of

65.71 feet to a point for corner;

THENCE North 05°46'04" East, along said Peach Creek, a distance of

71.43 feet to a point for corner;

THENCE North 83°44'36" West, along said Peach Creek, a distance of

155.13 feet to a point for corner;

THENCE North 72°21'48" West, along said Peach Creek, a distance of

197.06 feet to a point for corner;

THENCE South 88°30'59" West, along said Peach Creek, a distance of

63.87 feet to a point for corner;

THENCE North 06°09'14" East, along said Peach Creek, a distance of

45.98 feet to a point for corner;

THENCE North 54°34'31" East, along said Peach Creek, a distance of

150.69 feet to a point for corner;

THENCE North 12°41'45" East, along said Peach Creek, a distance of

60.84 feet to a point for corner;

THENCE North 38°16'33" West, along said Peach Creek, a distance of

125.36 feet to a point for corner;

THENCE North 84°39'10" West, along said Peach Creek, a distance of

94.40 feet to a point for corner;

THENCE North 29°23'50" West, along said Peach Creek, a distance of

105.19 feet to a point for corner;

THENCE North 45°14'51" West, along said Peach Creek, a distance of

369.11 feet to a point for corner;

THENCE South 29°28'04" West, along said Peach Creek, a distance of

111.97 feet to a point for corner;

THENCE North 89°46'10" West, along said Peach Creek, a distance of

318.26 feet to a point for corner;

THENCE South 81°03'28" West, along said Peach Creek, a distance of

291.98 feet to a point for corner;

THENCE North 24°28'50" West, along said Peach Creek, a distance of

86.81 feet to a point for corner;

THENCE North 54°41'25" East, along said Peach Creek, a distance of

85.59 feet to a point for corner;

THENCE North 57°52'48" East, along said Peach Creek, a distance of

90.25 feet to a point for corner;

THENCE North 02°58'50" West, along said Peach Creek, a distance of

81.02 feet to a point for corner;

THENCE South 52°39'33" West, along said Peach Creek, a distance of

109.86 feet to a point for corner;

THENCE South 82°57'52" West, along said Peach Creek, a distance of

232.05 feet to a point for corner;

THENCE South 60°59'56" West, along said Peach Creek, a distance of

163.99 feet to a point for corner;

THENCE North 43°31'56" West, along said Peach Creek, a distance of

117.90 feet to a point for corner;

THENCE North 11°08'12" West, along said Peach Creek, a distance of

119.61 feet to a point for corner;

THENCE North 52°07'38" West, along said Peach Creek, a distance of

128.29 feet to a point for corner;

THENCE North 42°30'46" East, along said Peach Creek, a distance of

94.55 feet to a point for corner;

THENCE North 59°04'41" West, along said Peach Creek, a distance of

244.51 feet to a point for corner;

THENCE North 71°46'08" West, along said Peach Creek, a distance of

359.19 feet to a point for corner;

THENCE South 57°31'02" West, along said Peach Creek, a distance of

88.00 feet to a point for corner;

THENCE North 72°08'50" West, along said Peach Creek, a distance of

227.08 feet to a point for corner;

THENCE North 40°33'43" West, along said Peach Creek, a distance of

172.91 feet to a point for corner;

THENCE North 86°07'03" West, along said Peach Creek, a distance of

79.01 feet to a point for corner;

THENCE North 23°17'34" West, along said Peach Creek, a distance of

168.60 feet to a point for corner;

THENCE North 03°07'09" West, along said Peach Creek, a distance of

216.10 feet to a point for corner;

THENCE North 52°19'34" East, along said Peach Creek, a distance of

94.33 feet to a point for corner;

THENCE South 46°59'09" East, along said Peach Creek, a distance of

91.22 feet to a point for corner;

THENCE North 02°40'53" East, along said Peach Creek, a distance of

115.82 feet to a point for corner;

THENCE North 09°11'34" West, along said Peach Creek, a distance of

313.08 feet to a point for corner;

THENCE North 08°03'36" West, along said Peach Creek, a distance of

315.49 feet to a point for corner;

THENCE North 13°03'08" West, along said Peach Creek, a distance of

36.21 feet to a point for corner, being the Northwest corner of the

above referenced tract, same being on the South Right-of-Way

(R.O.W.) line of Faulkner Road;

THENCE North 69°36'15" East, along the Westerly line of the above

referenced tract, same being the South R.O.W. line of said Faulkner

Road, a distance of 110.48 feet to a 5/8-inch capped iron rod,

stamped "Baker & Lawson" set for corner;

THENCE, along the Westerly line of the above referenced tract, same

being the South R.O.W. line of said Faulkner Road, and a curve to

the left, an arc distance of 23.30 feet to a 3/4-inch iron rod

(pinched) found for corner, said curve having a radius of 264.39

feet, a central angle of 05°02'56", a chord which bears

North 64°43'44" East a distance of 23.29 feet;

THENCE North 84°31'42" East, along an interior North line of the

above referenced tract, same being the South line of a called 50.621

acre tract, as recorded in C.C.F.N. 2017045300 of the O.P.R.B.C.T.,

a distance of 1,434.04 feet to a concrete monument found for corner,

from which a 3/4-inch iron pipe found bears, South 51°26'30" East, a

distance of 0.53 feet, said concrete monument being an interior

corner of the above referenced tract;

THENCE North 03°44'42" West, along an interior West line of the

above referenced tract, same being the East line of said called

50.621 acre tract, a distance of 668.60 feet to a 3/4-inch iron pipe

found for corner, being an interior corner of the above referenced

tract;

THENCE South 87°38'38" West, along an interior South line of the

above referenced tract, same being the North line of said called

50.621 acre tract, a distance of 479.20 feet to a 5/8-inch iron rod

with cap stamped "Cleveland Surveying 2056" found for corner, being

a Southwest corner of the above referenced tract;

THENCE North 03°39'19" West, along the West line of the above

referenced tract, same being the East line of said called 50.621

acre tract, and the East line of a called 11.6 acre tract, as

recorded in Volume 504, Page 45 of the Deed Records, Montgomery

County, Texas (D.R.M.C.T.), a distance of 122.58 feet to a fence

corner post found for corner;

THENCE South 86°47'53" West, along the South line of said called

0.3400 acre tract, same being the North line of said called 50.621

acre tract, a distance of 85.02 feet to a 5/8-inch iron rod found

for corner, being on the East R.O.W. line of said Faulkner Road;

THENCE North 03°23'24" East, along the West line of said called

0.3400 acre tract, same being the East R.O.W. line of said Faulkner

Road, a distance of 33.31 feet to a 5/8-inch iron rod with cap,

stamped "Baker & Lawson" set for corner;

THENCE North 23°59'28" West, along the West line of said called

0.3400 acre tract, same being the East R.O.W. line of said Faulkner

Road, a distance of 124.80 feet to a 5/8-inch iron rod found for

corner;

THENCE North 85°15'42" East, along the North line of said called

0.3400 acre tract, same being the South line of a called 20 acre

tract, as recorded in Volume 682, Page 50 of the D.R.M.C.T., a

distance of 124.33 feet to a 3/4-inch iron pipe found for corner,

being the Northeast corner of said called 0.3400 acre tract, same

being the Northwest corner of said called 50 acre tract;

THENCE North 86°25'07" East, along the North line of the above

referenced tract, same being the South line of said called 20 acre

tract, distance of 849.56 feet to a 5/8-inch iron rod found for

corner, being an interior corner of the above referenced tract;

THENCE North 02°56'18" West, along the West line of the above

referenced tract, same being the East line of said called 20 acre

tract, a distance of 694.00 feet to a 5/8-inch capped iron rod,

stamped "Baker & Lawson" set for corner, being a Northwest corner of

the above referenced tract;

THENCE North 86°43'15" East, along the North line of the above

referenced tract, same being the South line of a called 18.0355 acre

tract, as recorded in C.C.F.N. 2005007070 of the O.P.R.M.C.T., a

distance of 1,039.00 feet to a 3/8-inch iron pipe found for corner,

being an interior corner of the above referenced tract;

THENCE North 03°38'33" West, along the West line of the above

referenced tract, same being the East line of said called 18.0355

are tract, a distance of 103.01 feet to a 3/4-inch iron pipe

(pinched) found for corner, being the Northwest corner of the above

referenced tract;

THENCE North 86°31'26" East, along the North line of the above

referenced tract, same being the South line of said called 94.699

acre tract, a distance of 1499.68 feet to the POINT OF BEGINNING of

the herein described tract of and containing 342.386 acres of land,

more or less.

FIELD NOTES FOR 0.350 ACRES

Being a 0.350 acre tract of land located within the Thomas J.

Williams Survey, Abstract No. 593, the Martin B. Lawrence Survey,

Abstract No. 310, and the Presley Gill Survey, Abstract No. 310,

Montgomery County, Texas, being all of a called 0.3497 acre tract,

as recorded in County Clerks File No. (C.C.F.N.) 2019019044 of the

Official Public Records of Montgomery County, Texas

(O.P.R.B.C.T.), referred to hereafter as the above referenced tract

of land, said 0.350 acre tract being more particularly described by

metes and bounds as follows (bearings are based on the Texas

Coordinate System of 1983, (NAD83) Central Zone, per GPS

observations):

BEGINNING at a concrete monument found for corner, being the

Northwest corner of the above referenced tract, same being on the

South line of a called 50.621 acre tract, as recorded in C.C.F.N.

2017045300 of the O.P.R.M.C.T.;

THENCE North 84°17'50" East, along the North line of the above

referenced tract, same being the South line of said called 50.621

acre tract, a distance of 292.35 feet to a 5/8-inch iron rod found

for corner, being the Northeast corner of the above referenced

tract, same being on the Northwest Right-of-Way (R.O.W.) line of

Faulker Road;

THENCE South 70°56'30" West, along the South line of the above

referenced tract, same being the North R.O.W. line of said Faulker

Road, distance of 25.15 feet to a 5/8-inch capped iron rod, stamped

"Baker & Lawson" set for corner;

THENCE South 66°47'37" West, along the South line of the above

referenced tract, same being the North R.O.W. line of said Faulker

Road a distance of 122.21 feet to a 5/8-inch capped iron rod,

stamped "Baker & Lawson" set for corner;

THENCE South 58°31'21" West, along the South line of the above

referenced tract, same being the North R.O.W. line of said Faulker

Road a distance of 175.22 feet to a 5/8-inch capped iron rod,

stamped "Baker & Lawson" set for corner, being the Southwest corner

of the above referenced tract;

THENCE North 02°35'21" West, along the West line of the above

referenced tract, same being the East line of a called 8.67 acre

tract, as recorded in C.C.F.N. 2013035955 of the O.P.R.B.C.T., a

distance of 118.93 feet to the POINT OF BEGINNING of the herein

described tract of and containing 0.350 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, 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

8012A, Special District Local Laws Code, as added by Section 1 of

this Act, is amended by adding Section 8012A.0307 to read as

follows:

Sec.

8012A.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 September 1, 2025.

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