AN ACT

 1-1     relating to the creation of the East Montgomery County Improvement

 1-2     District; authorizing a tax.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  CREATION OF DISTRICT.  (a)  A special district to

 1-5     be known as the "East Montgomery County Improvement District"

 1-6     exists as a governmental agency,  body politic and corporate, and

 1-7     political subdivision of the state.

 1-8           (b)  The district is a governmental unit for purposes of

 1-9     Chapter 101, Civil Practice and Remedies Code, and operations of

1-10     the district are considered for all purposes, including the

1-11     application of that chapter, to be essential governmental functions

1-12     and not proprietary functions.

1-13           (c)  The name of the district may be changed by resolution of

1-14     the board.

1-15           SECTION 2.  DECLARATION OF INTENT.  (a)  The creation of the

1-16     district is:

1-17                 (1)  essential to accomplish the purposes of  Section

1-18     52, Article III, and Section 59, Article XVI, Texas Constitution,

1-19     and other public purposes stated in this Act; and

1-20                 (2)  necessary to promote, develop, encourage, and

1-21     maintain employment, commerce, economic development, and the public

1-22     welfare in the eastern area of Montgomery County.

1-23           (b)  The district is created to supplement and not to

 2-1     supplant the county, governmental agency, political subdivision, or

 2-2     municipal services provided in the district.  This Act does not:

 2-3                 (1)  relieve the county or a governmental agency,

 2-4     political subdivision, or municipality from providing the  level of

 2-5     services the entity provides in the district as of August 31, 1997;

 2-6     or

 2-7                 (2)  release the county or a governmental agency,

 2-8     political subdivision, or municipality from the obligations the

 2-9     entity has to provide services to that area.

2-10           SECTION 3.  DEFINITIONS.  In this Act:

2-11                 (1)  "Board" means the board of directors of the

2-12     district.

2-13                 (2)  "District" means the East Montgomery County

2-14     Improvement District.

2-15                 (3)  "County" means Montgomery County, Texas.

2-16           SECTION 4.  BOUNDARIES.  The boundaries of the district are

2-17     coextensive with the boundaries of the New Caney Independent School

2-18     District and the Splendora Independent School District as those

2-19     boundaries existed on January 1, 1997, but the district does not

2-20     include any portion of the City of Houston as it existed on January

2-21     1, 1997.

2-22           SECTION 5.  FINDINGS RELATING TO BOUNDARIES.  The boundaries

2-23     and field notes of the district form a closure.  If a mistake is

2-24     made in the field notes or in copying the field notes in the

2-25     legislative process, the mistake does not in any way affect the:

 3-1                 (1)  organization, existence, and validity of the

 3-2     district;

 3-3                 (2)  right or power of the district to enter into a

 3-4     contract for the purposes for which the district is created;

 3-5                 (3)  right of the district to impose, assess, and

 3-6     collect taxes, fees, or charges; or

 3-7                 (4)  legality or operations of the district or its

 3-8     governing body.

 3-9           SECTION 6.  FINDING OF BENEFIT AND PUBLIC PURPOSE.  (a)  All

3-10     the land and other property included in the district will be

3-11     benefited by the works, projects, improvements, and services to be

3-12     provided by the district under powers granted by  Section 52,

3-13     Article III, and Section 59,  Article XVI,  Texas Constitution, and

3-14     other powers granted by this Act.

3-15           (b)  The district is created to serve a public use and

3-16     benefit.  The creation of the district is in the public interest

3-17     and is essential to:

3-18                 (1)  further the public purposes of the development and

3-19     diversification of the economy of the state; and

3-20                 (2)  eliminate unemployment and underemployment and

3-21     develop or expand transportation and commerce.

3-22           (c)  The district will:

3-23                 (1)  promote the health, safety, and general welfare of

3-24     residents, employers, employees, and consumers in the district and

3-25     of the general public;

 4-1                 (2)  promote and develop public transportation and

 4-2     pedestrian facilities and systems by new and alternative means,

 4-3     including securing expanded and improved transportation and

 4-4     pedestrian facilities and systems;

 4-5                 (3)  provide needed money for the area in the district

 4-6     to preserve, maintain, and enhance the economic health and vitality

 4-7     of the area as a community and business center; and

 4-8                 (4)  promote the health, safety, welfare, education,

 4-9     convenience, and enjoyment of the public by:

4-10                       (A)  improving, landscaping, and developing

4-11     certain areas in and adjacent to the district; and

4-12                       (B)  providing public services and facilities in

4-13     and adjacent to the district that are necessary for the

4-14     restoration, preservation, enhancement, and enjoyment of scenic and

4-15     aesthetic beauty.

4-16           (d)  Each improvement project authorized by this Act is

4-17     essential to carry out a public purpose.

4-18           (e)  The district will not act as the agent or

4-19     instrumentality of any private interest even though many private

4-20     interests will be benefited by the district, as will the general

4-21     public.

4-22           SECTION 7.  INITIAL DIRECTORS.  (a)  The Commissioners Court

4-23     of Montgomery County shall appoint eight initial directors.  To be

4-24     qualified for appointment as a director, a person must have the

4-25     qualifications specified in Section 12 of this Act.

 5-1           (b)  In making appointments, the commissioners court shall

 5-2     attempt to compose the board of persons who reflect the residents

 5-3     in the area of the district.

 5-4           SECTION 8.  CONFIRMATION ELECTION.  (a)  The initial

 5-5     directors shall meet as soon as practicable after all initial

 5-6     directors have qualified for office.  The board shall call a

 5-7     confirmation election to determine if the proposed district shall

 5-8     be established.  The board shall call the confirmation election at

 5-9     the first meeting unless the board calls a hearing to exclude

5-10     territory from the district.

5-11           (b)  The confirmation election shall be held in the manner

5-12     provided by Section 49.102, Water Code.  The election must be held

5-13     on the next uniform election date provided by Section 41.001,

5-14     Election Code, that falls on or after the 45th day after the date

5-15     of the order calling the election.

5-16           (c)  If a majority of the votes cast in the election are

5-17     against the creation of the district, the board may not call or

5-18     hold another confirmation election until the expiration of six

5-19     months after the date of the most recent confirmation election.

5-20           (d)  Before the creation of the district is confirmed, the

5-21     district may not borrow money or impose taxes.  The district may

5-22     carry on other business as the board determines.

5-23           SECTION 9.  ELECTION OF DIRECTORS.  (a)  As soon as

5-24     practicable after the first anniversary of the date on which the

5-25     creation of the district is confirmed, the board shall call and

 6-1     hold an election to elect the initial permanent directors.

 6-2           (b)  The election shall be held in the manner provided by

 6-3     Section 49.102, Water Code.

 6-4           (c)  The election must be held on the next uniform election

 6-5     date provided by Section 41.001, Election Code, that falls on or

 6-6     after the 45th day after the date of the order calling the

 6-7     election.  The directors elected at the first election shall draw

 6-8     lots to determine their terms so that four serve terms expiring on

 6-9     the first July 1 of an even-numbered year after the election and

6-10     four serve terms expiring July 1 of the second year after the year

6-11     in which the first terms expire.

6-12           (d)  An election to elect the appropriate number of successor

6-13     directors shall be held on the uniform election date, established

6-14     by the Election Code, in May of each even-numbered year.

6-15           SECTION 10.  BOARD OF DIRECTORS; TERMS.  The district is

6-16     governed by a board of eight directors who serve staggered

6-17     four-year terms, with four members' terms expiring July 1 of each

6-18     even-numbered year.

6-19           SECTION 11.  ADMINISTRATION OF BOARD.  Sections 375.066

6-20     through 375.070, Local Government Code, apply to the board as if it

6-21     were established under Chapter 375, Local Government Code.

6-22           SECTION 12.  QUALIFICATIONS OF DIRECTOR.  (a)  To be

6-23     qualified to serve as a director, a person must be at least 18

6-24     years old and:

6-25                 (1)  a resident of the district;

 7-1                 (2)  an owner of real property in the district;

 7-2                 (3)  an owner of stock, whether beneficial or

 7-3     otherwise, of a corporate owner of real property in the district;

 7-4                 (4)  an owner of a beneficial interest in a trust that

 7-5     owns real property in the district; or

 7-6                 (5)  an agent, employee, or tenant of a person covered

 7-7     by Subdivision (2), (3), or (4) of this subsection.

 7-8           (b)  A person or entity that owns an interest in a general or

 7-9     limited partnership owning real property in the district or that

7-10     has a lease of real property in the district with a remaining term

7-11     of 10 years or more, excluding options, is considered to be an

7-12     owner of real property for purposes of this section.

7-13           SECTION 13.  QUORUM.  Five directors constitute a quorum, and

7-14     a concurrence of a majority of a quorum of directors is required

7-15     for any official action of the district.

7-16           SECTION 14.  PARTICIPATION IN VOTING.  A person who qualifies

7-17     to serve on the board is qualified to serve as a director and

7-18     participate in all votes pertaining to the business of the district

7-19     regardless of any other statutory provision to the contrary.

7-20           SECTION 15.  GENERAL POWERS.  The district has:

7-21                 (1)  all powers necessary or required to accomplish the

7-22     purposes for which the district was created;

7-23                 (2)  the rights, powers, privileges, and other

7-24     functions of a municipal management district under Subchapter E,

7-25     Chapter 375, Local Government Code; and

 8-1                 (3)  the powers given to an industrial development

 8-2     corporation organized under the Development Corporation Act of 1979

 8-3     (Article 5190.6, Vernon's Texas Civil Statutes).

 8-4           SECTION 16.  SPECIFIC POWERS AND LIMITATIONS.  (a)  The

 8-5     district may:

 8-6                 (1)  impose and collect, and apply the proceeds from, a

 8-7     limited sales and use tax for the district's purposes;

 8-8                 (2)  borrow money for the corporate purposes of the

 8-9     district;

8-10                 (3)  add or exclude territory in the manner provided by

8-11     Subchapter J, Chapter 49, Water Code;

8-12                 (4)  contract with an individual or entity to

8-13     accomplish the district's purposes, including entering into a

8-14     contract for the payment, repayment, or reimbursement of costs

8-15     incurred by the person or entity on behalf of the district,

8-16     including all or part of the costs of an improvement project, from

8-17     tax proceeds or any other specified source of money;

8-18                 (5)  make application for and contract with an

8-19     individual or entity to receive, administer, and perform the

8-20     district's duties under a federal, state, local, or private gift,

8-21     grant, loan, conveyance, transfer, bequest, donation, or other

8-22     financial arrangement relating to the investigation, planning,

8-23     analysis, acquisition, construction, completion, implementation, or

8-24     operation of a proposed or existing improvement project;

8-25                 (6)  establish and collect only at the district's

 9-1     facilities user fees, concession fees, admission fees, rental fees,

 9-2     or other similar fees or charges and apply the proceeds from those

 9-3     fees or charges for the enjoyment, sale, rental, or other use of

 9-4     the district's facilities, services, properties, or improvement

 9-5     projects;

 9-6                 (7)  adopt rules for:

 9-7                       (A)  the administration and operation of the

 9-8     district;

 9-9                       (B)  the use, enjoyment, availability,

9-10     protection, security, and maintenance of the district's properties

9-11     and facilities; and

9-12                       (C)  the provision of public safety and security

9-13     in the district;

9-14                 (8)  provide or secure the payment or repayment of:

9-15                       (A)  an expense of the establishment,

9-16     administration, or operation of the district;

9-17                       (B)  a district cost relating to an improvement

9-18     project;

9-19                       (C)  a district contractual obligation or

9-20     indebtedness, because of a lease, installment purchase contract, or

9-21     other agreement; and

9-22                       (D)  a tax, user fee, concession fee, rental fee,

9-23     or other revenue or resources of the district; and

9-24                 (9)  undertake improvement projects separately or

9-25     jointly with other persons or entities and pay all or part of the

 10-1    costs of improvement projects, including improvement projects that:

 10-2                      (A)  improve, enhance, or support public safety

 10-3    and security, fire protection, emergency medical services, or law

 10-4    enforcement in the district;

 10-5                      (B)  confer a general benefit on the entire

 10-6    district and the areas adjacent to the district; or

 10-7                      (C)  confer a special benefit on all or part of

 10-8    the district.

 10-9          (b)  The district may not employ peace officers.

10-10          (c)  The district may not impose ad valorem taxes on property

10-11    in the district.

10-12          SECTION 17.  SPECIFIC POWERS RELATING TO IMPROVEMENTS.  An

10-13    improvement project or service provided by the district may

10-14    include:

10-15                (1)  the construction, acquisition, lease, rental,

10-16    installment purchase, improvement, rehabilitation, repair,

10-17    relocation, and operation of:

10-18                      (A)  landscaping; lighting, banners, or signs;

10-19    streets or sidewalks, pedestrian or bicycle paths and trails;

10-20    pedestrian walkways, skywalks, crosswalks, or tunnels; highway

10-21    right-of-way or transit corridor beautification and improvements;

10-22                      (B)  drainage or storm water detention

10-23    improvements; solid waste, water, sewer, or power facilities and

10-24    services, including electrical, gas, steam, and chilled water

10-25    facilities and services;

 11-1                      (C)  parks, lakes, gardens, recreational

 11-2    facilities, open space, scenic areas, and related exhibits and

 11-3    preserves; fountains, plazas, or pedestrian malls; public art or

 11-4    sculpture and related exhibits and facilities; educational or

 11-5    cultural exhibits and facilities; exhibits, displays, attractions,

 11-6    or facilities for special events, holidays, or seasonal or cultural

 11-7    celebrations;

 11-8                      (D)  off-street parking facilities, bus

 11-9    terminals, heliports, mass-transit, or roadway-borne or water-borne

11-10    transportation systems; and

11-11                      (E)  other public improvements, facilities, or

11-12    services similar to the improvements, facilities, or services

11-13    described by Paragraphs (A) through (D) of this subdivision;

11-14                (2)  the cost of removal, razing, demolition, or

11-15    clearing of land or improvements in connection with providing an

11-16    improvement project;

11-17                (3)  the acquisition of real or personal property or an

11-18    interest in the property that is made in connection with an

11-19    authorized improvement project; and

11-20                (4)  the provision of special or supplemental services

11-21    to improve or promote the area in the district or to protect the

11-22    public health and safety in the district, including advertising,

11-23    promotion, tourism, health and sanitation, public safety, security,

11-24    fire protection or emergency medical services, business

11-25    recruitment, development, elimination of traffic congestion, and

 12-1    recreational, educational, or cultural improvements, enhancements,

 12-2    or services.

 12-3          SECTION 18.  RELATION TO OTHER LAW.  If a provision of a law

 12-4    referenced in Section 15 of this Act or referenced in Subchapter E,

 12-5    Chapter 375, Local Government Code, is in conflict with or

 12-6    inconsistent with this Act, this Act prevails.  A law referenced in

 12-7    Section 15 of this Act or referenced in Subchapter E, Chapter 375,

 12-8    Local Government Code, that is not in conflict with or inconsistent

 12-9    with this Act is adopted and incorporated by reference and may be

12-10    used by the district independently of each other.

12-11          SECTION 19.  NO EMINENT DOMAIN POWER.  The district may not

12-12    exercise the power of eminent domain.

12-13          SECTION 20.  CERTAIN RESIDENTIAL PROPERTY EXEMPT.  The

12-14    district may not impose an impact fee or assessment on a single

12-15    family residential property or a residential duplex, triplex,

12-16    quadruplex, or condominium.

12-17          SECTION 21.  SALES AND USE TAX; EXCISE TAX.  (a)  The

12-18    district may impose a sales and use tax for the benefit of the

12-19    district if authorized by a majority of the qualified voters of the

12-20    district voting at an election called for that purpose.

12-21          (b)  If the district adopts the tax:

12-22                (1)  a tax is imposed on the receipts from the sale at

12-23    retail of taxable items in the district; and

12-24                (2)  an excise tax is imposed on the use, storage, or

12-25    other consumption in the district of taxable items purchased,

 13-1    leased, or rented from a retailer during the period that the tax is

 13-2    effective in the district.

 13-3          (c)  The rate of the excise tax is the same as the rate of

 13-4    the sales tax portion of the tax applied to the sales price of the

 13-5    taxable items and is included in the sales tax.

 13-6          (d)  For purposes of this section:

 13-7                (1)  "taxable items" includes all items subject to any

 13-8    sales and use tax that is imposed by the county if the county has

 13-9    imposed a sales and use tax; and

13-10                (2)  "use," with respect to a taxable service, means

13-11    the derivation in the district of direct or indirect benefit from

13-12    the service.

13-13          SECTION 22.  TAX ELECTION PROCEDURES.  (a)  The board by

13-14    order may call an election to adopt, change the rate of, or abolish

13-15    a sales and use tax.  The election may be held at the same time and

13-16    in conjunction with a confirmation or directors election.

13-17          (b)  The election must be held on the next uniform election

13-18    date that falls on or after the 45th day after the date the order

13-19    calling the election is adopted.

13-20          (c)  Notice of the election shall be given and the election

13-21    shall be held and conducted in the manner prescribed for bond

13-22    elections under Subchapter D, Chapter 49, Water Code.

13-23          (d)  In an election to adopt the tax, the ballot shall be

13-24    prepared to permit voting for or against the proposition: "The

13-25    adoption of a local sales and use tax in the East Montgomery County

 14-1    Improvement District at the rate of (proposed tax rate)."

 14-2          (e)  In an election to change the rate of the tax, the ballot

 14-3    shall be prepared to permit voting for or against the proposition:

 14-4    "The (increase or decrease, as applicable) in the rate of the local

 14-5    sales and use tax imposed in the East Montgomery County Improvement

 14-6    District from (tax rate on election date) percent to (proposed tax

 14-7    rate) percent."

 14-8          (f)  In an election to abolish the tax, the ballot shall be

 14-9    prepared to permit voting for or against the proposition:  "The

14-10    abolition of the local sales and use tax in the East Montgomery

14-11    County Improvement District."

14-12          SECTION 23.  IMPOSITION, COMPUTATION, ADMINISTRATION, AND

14-13    GOVERNANCE OF TAX.  (a)  Chapter 323, Tax Code, to the extent not

14-14    inconsistent with this Act, governs the application, collection,

14-15    and administration of the tax under this Act, except Sections

14-16    323.401 through 323.406, and 323.505, Tax Code, do not apply.

14-17    Subtitles A and B, Title 2, and Chapter 151, Tax Code, govern the

14-18    administration and enforcement of the taxes under this Act.

14-19          (b)  Chapter 323, Tax Code, does not apply to the use and

14-20    allocation of revenues under this Act.

14-21          (c)  In applying Chapter 323, Tax Code, the district's name

14-22    shall be substituted for references in that chapter to "the county"

14-23    and the board of directors of the district is substituted for

14-24    references in that chapter to "commissioners court."

14-25          SECTION 24.  EFFECTIVE DATE OF TAX OR TAX CHANGE.  The

 15-1    adoption of a tax rate or change in the tax rate takes effect after

 15-2    the expiration of the first complete calendar quarter occurring

 15-3    after the date on which the comptroller receives a notice of the

 15-4    results of the election.

 15-5          SECTION 25.  TAX RATES.  The district may impose the sales

 15-6    and use tax under this Act in increments of one-eighth of one

 15-7    percent, with a minimum tax of one-half percent and a maximum tax

 15-8    of one percent.

 15-9          SECTION 26.  ABOLITION OF TAX RATE.  The board by order may

15-10    abolish the local sales and use tax rate without an election.

15-11          SECTION 27.  USE OF TAX.  Taxes collected under this Act may

15-12    be used only for the purposes for which the district was created.

15-13          SECTION 28.  SUBMISSION OF ANNEXATION INFORMATION.  Not later

15-14    than the 10th day after the date on which the district annexes or

15-15    excludes territory, the board shall send to the comptroller a

15-16    certified copy of any resolution, order, or ordinance relating to

15-17    the annexation or exclusion.

15-18          SECTION 29.  APPLICATION OF CERTAIN TAX PROCEEDS.

15-19    (a)  During each interval of three calendar years following the

15-20    date on which a tax imposed under this Act is collected for the

15-21    first time, the board shall apply an annual average of not less

15-22    than 10 percent of the net proceeds of the tax collection to

15-23    mitigate the impact of development in the district on adjacent

15-24    areas, including effects on public utilities and services, public

15-25    transportation and traffic movement, and scenic and aesthetic

 16-1    beauty.

 16-2          (b)  In this section, "net proceeds" means the difference

 16-3    between the amount of tax collected and the total amount of the

 16-4    general and administrative expenses of the district, including the

 16-5    cost of imposing and collecting the tax.

 16-6          SECTION 30.  LIMITATION ON INDEBTEDNESS.  The district may

 16-7    borrow money for a term of less than one year to finance the

 16-8    district's purposes and evidence the indebtedness by a contract,

 16-9    promissory note, or similar instrument.  Before the district

16-10    borrows money, the board must find that the district's taxes and

16-11    other net revenue to be collected by the district during the

16-12    one-year period following the creation of the debt and money

16-13    available to the district from other sources will be sufficient to

16-14    repay or discharge the debt before that one-year period expires.

16-15          SECTION 31.  CONTRACTING AUTHORITY.  (a)  The district may

16-16    contract with a municipality, a county, another political

16-17    subdivision, a corporation, or another person to carry out the

16-18    purposes of this Act on terms and for the period of time the board

16-19    determines.

16-20          (b)  Notwithstanding any other law or charter provision to

16-21    the contrary, a state agency, a municipality, a county, another

16-22    political subdivision, a corporation, an individual, or another

16-23    entity is authorized to contract with the district to carry out the

16-24    purposes of this Act.

16-25          SECTION 32.  DISSOLUTION BY BOARD ORDER.  The board by order

 17-1    may dissolve the district at any time unless the district has

 17-2    outstanding indebtedness or contractual obligations.

 17-3          SECTION 33.  DISSOLUTION BY PETITION OF OWNERS.  (a)  The

 17-4    board by order shall dissolve the district if the board receives a

 17-5    written petition signed by the owners of 75 percent or more of the

 17-6    real property acreage in the district.

 17-7          (b)  After the date the district is dissolved, the district

 17-8    may not levy taxes.

 17-9          (c)  If on the date the district is dissolved the district

17-10    has outstanding liabilities, the board shall, not later than the

17-11    30th day after the dissolution, adopt a resolution certifying each

17-12    outstanding liability.  The county in which the district is located

17-13    shall assume the outstanding liabilities.  The county shall collect

17-14    the sales and use tax for the district for the remainder of the

17-15    calendar year.  The county may continue to collect the tax for an

17-16    additional calendar year if the commissioners court finds that the

17-17    tax revenue is needed to retire the district liabilities that were

17-18    assumed by the county.

17-19          (d)  The district and the board may continue to operate for a

17-20    period not to exceed two months after carrying out the

17-21    responsibilities required by Subsection (c) of this section.  The

17-22    board and the district are continued in effect for the purpose of

17-23    satisfying these responsibilities.

17-24          (e)  If the board and the district are continued in effect

17-25    under Subsection (d) of this section, the board and district are

 18-1    dissolved entirely on the first day of the month following the

 18-2    month in which the board certifies to the secretary of state that

 18-3    no responsibilities of Subsection (c) of this section are left

 18-4    unsatisfied.

 18-5          SECTION 34.  ADMINISTRATION OF DISTRICT PROPERTY FOLLOWING

 18-6    DISSOLUTION.  (a)  After the board orders the dissolution of the

 18-7    district, the board shall transfer ownership of all property and

 18-8    assets of the district to the county, except as provided by

 18-9    Subsection (b) of this section.

18-10          (b)  If on the date on which the board orders the dissolution

18-11    of the district more than 50 percent of the territory in the

18-12    district is in the corporate limits of a municipality, the board

18-13    shall transfer ownership of the district's property and assets to

18-14    the municipality.

18-15          SECTION 35.  NOTICE AND CONSENT.  The legislature finds that:

18-16                (1)  the proper and legal notice of the intention to

18-17    introduce this Act, setting forth the general substance of this

18-18    Act, has been published as provided by law, and the notice and a

18-19    copy of this Act have been furnished to all persons, agencies,

18-20    officials, or entities to which they are required to be furnished

18-21    by the constitution and laws of this state, including the governor,

18-22    who has submitted the notice and a copy of this Act to the Texas

18-23    Natural Resource Conservation Commission;

18-24                (2)  the Texas Natural Resource Conservation Commission

18-25    has filed its recommendations relating to this Act with the

 19-1    governor, lieutenant governor, and speaker of the house of

 19-2    representatives within the required time;

 19-3                (3)  the general law relating to consent by political

 19-4    subdivisions to the creation of districts with conservation,

 19-5    reclamation, and road powers and the inclusion of land in those

 19-6    districts has been complied with; and

 19-7                (4)  all requirements of the constitution and laws of

 19-8    this state and the rules and procedures of the legislature with

 19-9    respect to the notice, introduction, and passage of this Act have

19-10    been fulfilled and accomplished.

19-11          SECTION 36.  EMERGENCY.  The importance of this legislation

19-12    and the crowded condition of the calendars in both houses create an

19-13    emergency and an imperative public necessity that the

19-14    constitutional rule requiring bills to be read on three several

19-15    days in each house be suspended, and this rule is hereby suspended,

19-16    and that this Act take effect and be in force from and after its

19-17    passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 921 passed the Senate on

         April 23, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 921 passed the House on

         May 28, 1997, by the following vote:  Yeas 135, Nays 1, two present

         not voting.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor