1-1 By: Galloway S.B. No. 921 1-2 (In the Senate - Filed March 4, 1997; March 6, 1997, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; April 18, 1997, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 10, Nays 0; 1-6 April 18, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 921 By: Galloway 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation of the East Montgomery County Improvement 1-11 District; authorizing a tax. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. CREATION OF DISTRICT. (a) A special district to 1-14 be known as the "East Montgomery County Improvement District" 1-15 exists as a governmental agency, body politic and corporate, and 1-16 political subdivision of the state. 1-17 (b) The district is a governmental unit for purposes of 1-18 Chapter 101, Civil Practice and Remedies Code, and operations of 1-19 the district are considered for all purposes, including the 1-20 application of that chapter, to be essential governmental functions 1-21 and not proprietary functions. 1-22 (c) The name of the district may be changed by resolution of 1-23 the board. 1-24 SECTION 2. DECLARATION OF INTENT. (a) The creation of the 1-25 district is: 1-26 (1) essential to accomplish the purposes of Section 1-27 52, Article III, and Section 59, Article XVI, Texas Constitution, 1-28 and other public purposes stated in this Act; and 1-29 (2) necessary to promote, develop, encourage, and 1-30 maintain employment, commerce, economic development, and the public 1-31 welfare in the eastern area of Montgomery County. 1-32 (b) The district is created to supplement and not to 1-33 supplant the county, governmental agency, political subdivision, or 1-34 municipal services provided in the district. This Act does not: 1-35 (1) relieve the county or a governmental agency, 1-36 political subdivision, or municipality from providing the level of 1-37 services the entity provides in the district as of August 31, 1997; 1-38 or 1-39 (2) release the county or a governmental agency, 1-40 political subdivision, or municipality from the obligations the 1-41 entity has to provide services to that area. 1-42 SECTION 3. DEFINITIONS. In this Act: 1-43 (1) "Board" means the board of directors of the 1-44 district. 1-45 (2) "District" means the East Montgomery County 1-46 Improvement District. 1-47 (3) "County" means Montgomery County, Texas. 1-48 SECTION 4. BOUNDARIES. The boundaries of the district are 1-49 coextensive with the boundaries of the New Caney Independent School 1-50 District and the Splendora Independent School District as those 1-51 boundaries existed on January 1, 1997, but the district does not 1-52 include any portion of the City of Houston as it existed on January 1-53 1, 1997. 1-54 SECTION 5. FINDINGS RELATING TO BOUNDARIES. The boundaries 1-55 and field notes of the district form a closure. If a mistake is 1-56 made in the field notes or in copying the field notes in the 1-57 legislative process, the mistake does not in any way affect the: 1-58 (1) organization, existence, and validity of the 1-59 district; 1-60 (2) right or power of the district to enter into a 1-61 contract for the purposes for which the district is created; 1-62 (3) right of the district to impose, assess, and 1-63 collect taxes, fees, or charges; or 1-64 (4) legality or operations of the district or its 2-1 governing body. 2-2 SECTION 6. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) All 2-3 the land and other property included in the district will be 2-4 benefited by the works, projects, improvements, and services to be 2-5 provided by the district under powers granted by Section 52, 2-6 Article III, and Section 59, Article XVI, Texas Constitution, and 2-7 other powers granted by this Act. 2-8 (b) The district is created to serve a public use and 2-9 benefit. The creation of the district is in the public interest 2-10 and is essential to: 2-11 (1) further the public purposes of the development and 2-12 diversification of the economy of the state; and 2-13 (2) eliminate unemployment and underemployment and 2-14 develop or expand transportation and commerce. 2-15 (c) The district will: 2-16 (1) promote the health, safety, and general welfare of 2-17 residents, employers, employees, and consumers in the district and 2-18 of the general public; 2-19 (2) promote and develop public transportation and 2-20 pedestrian facilities and systems by new and alternative means, 2-21 including securing expanded and improved transportation and 2-22 pedestrian facilities and systems; 2-23 (3) provide needed money for the area in the district 2-24 to preserve, maintain, and enhance the economic health and vitality 2-25 of the area as a community and business center; and 2-26 (4) promote the health, safety, welfare, education, 2-27 convenience, and enjoyment of the public by: 2-28 (A) improving, landscaping, and developing 2-29 certain areas in and adjacent to the district; and 2-30 (B) providing public services and facilities in 2-31 and adjacent to the district that are necessary for the 2-32 restoration, preservation, enhancement, and enjoyment of scenic and 2-33 aesthetic beauty. 2-34 (d) Each improvement project authorized by this Act is 2-35 essential to carry out a public purpose. 2-36 (e) The district will not act as the agent or 2-37 instrumentality of any private interest even though many private 2-38 interests will be benefited by the district, as will the general 2-39 public. 2-40 SECTION 7. INITIAL DIRECTORS. (a) The Commissioners Court 2-41 of Montgomery County shall appoint eight initial directors. To be 2-42 qualified for appointment as a director, a person must have the 2-43 qualifications specified in Section 12 of this Act. 2-44 (b) In making appointments, the commissioners court shall 2-45 attempt to compose the board of persons who reflect the residents 2-46 in the area of the district. 2-47 SECTION 8. CONFIRMATION ELECTION. (a) The initial 2-48 directors shall meet as soon as practicable after all initial 2-49 directors have qualified for office. The board shall call a 2-50 confirmation election to determine if the proposed district shall 2-51 be established. The board shall call the confirmation election at 2-52 the first meeting unless the board calls a hearing to exclude 2-53 territory from the district. 2-54 (b) The confirmation election shall be held in the manner 2-55 provided by Section 49.102, Water Code. The election must be held 2-56 on the next uniform election date provided by Section 41.001, 2-57 Election Code, that falls on or after the 45th day after the date 2-58 of the order calling the election. 2-59 (c) If a majority of the votes cast in the election are 2-60 against the creation of the district, the board may not call or 2-61 hold another confirmation election until the expiration of six 2-62 months after the date of the most recent confirmation election. 2-63 (d) Before the creation of the district is confirmed, the 2-64 district may not borrow money or impose taxes. The district may 2-65 carry on other business as the board determines. 2-66 SECTION 9. ELECTION OF DIRECTORS. (a) As soon as 2-67 practicable after the first anniversary of the date on which the 2-68 creation of the district is confirmed, the board shall call and 2-69 hold an election to elect the initial permanent directors. 3-1 (b) The election shall be held in the manner provided by 3-2 Section 49.102, Water Code. 3-3 (c) The election must be held on the next uniform election 3-4 date provided by Section 41.001, Election Code, that falls on or 3-5 after the 45th day after the date of the order calling the 3-6 election. The directors elected at the first election shall draw 3-7 lots to determine their terms so that four serve terms expiring on 3-8 the first July 1 of an even-numbered year after the election and 3-9 four serve terms expiring July 1 of the second year after the year 3-10 in which the first terms expire. 3-11 (d) An election to elect the appropriate number of successor 3-12 directors shall be held on the uniform election date, established 3-13 by the Election Code, in May of each even-numbered year. 3-14 SECTION 10. BOARD OF DIRECTORS; TERMS. The district is 3-15 governed by a board of eight directors who serve staggered 3-16 four-year terms, with four members' terms expiring July 1 of each 3-17 even-numbered year. 3-18 SECTION 11. ADMINISTRATION OF BOARD. Sections 375.066 3-19 through 375.070, Local Government Code, apply to the board as if it 3-20 were established under Chapter 375, Local Government Code. 3-21 SECTION 12. QUALIFICATIONS OF DIRECTOR. (a) To be 3-22 qualified to serve as a director, a person must be at least 18 3-23 years old and: 3-24 (1) a resident of the district; 3-25 (2) an owner of real property in the district; 3-26 (3) an owner of stock, whether beneficial or 3-27 otherwise, of a corporate owner of real property in the district; 3-28 (4) an owner of a beneficial interest in a trust that 3-29 owns real property in the district; or 3-30 (5) an agent, employee, or tenant of a person covered 3-31 by Subdivision (2), (3), or (4) of this subsection. 3-32 (b) A person or entity that owns an interest in a general or 3-33 limited partnership owning real property in the district or that 3-34 has a lease of real property in the district with a remaining term 3-35 of 10 years or more, excluding options, is considered to be an 3-36 owner of real property for purposes of this section. 3-37 SECTION 13. QUORUM. Five directors constitute a quorum, and 3-38 a concurrence of a majority of a quorum of directors is required 3-39 for any official action of the district. 3-40 SECTION 14. PARTICIPATION IN VOTING. A person who qualifies 3-41 to serve on the board is qualified to serve as a director and 3-42 participate in all votes pertaining to the business of the district 3-43 regardless of any other statutory provision to the contrary. 3-44 SECTION 15. GENERAL POWERS. The district has: 3-45 (1) all powers necessary or required to accomplish the 3-46 purposes for which the district was created; 3-47 (2) the rights, powers, privileges, and other 3-48 functions of a municipal management district under Subchapter E, 3-49 Chapter 375, Local Government Code; and 3-50 (3) the powers given to an industrial development 3-51 corporation organized under the Development Corporation Act of 1979 3-52 (Article 5190.6, Vernon's Texas Civil Statutes). 3-53 SECTION 16. SPECIFIC POWERS AND LIMITATIONS. (a) The 3-54 district may: 3-55 (1) impose and collect, and apply the proceeds from, a 3-56 limited sales and use tax for the district's purposes; 3-57 (2) borrow money for the corporate purposes of the 3-58 district; 3-59 (3) add or exclude territory in the manner provided by 3-60 Subchapter J, Chapter 49, Water Code; 3-61 (4) contract with an individual or entity to 3-62 accomplish the district's purposes, including entering into a 3-63 contract for the payment, repayment, or reimbursement of costs 3-64 incurred by the person or entity on behalf of the district, 3-65 including all or part of the costs of an improvement project, from 3-66 tax proceeds or any other specified source of money; 3-67 (5) make application for and contract with an 3-68 individual or entity to receive, administer, and perform the 3-69 district's duties under a federal, state, local, or private gift, 4-1 grant, loan, conveyance, transfer, bequest, donation, or other 4-2 financial arrangement relating to the investigation, planning, 4-3 analysis, acquisition, construction, completion, implementation, or 4-4 operation of a proposed or existing improvement project; 4-5 (6) establish and collect only at the district's 4-6 facilities user fees, concession fees, admission fees, rental fees, 4-7 or other similar fees or charges and apply the proceeds from those 4-8 fees or charges for the enjoyment, sale, rental, or other use of 4-9 the district's facilities, services, properties, or improvement 4-10 projects; 4-11 (7) adopt rules for: 4-12 (A) the administration and operation of the 4-13 district; 4-14 (B) the use, enjoyment, availability, 4-15 protection, security, and maintenance of the district's properties 4-16 and facilities; and 4-17 (C) the provision of public safety and security 4-18 in the district; 4-19 (8) provide or secure the payment or repayment of: 4-20 (A) an expense of the establishment, 4-21 administration, or operation of the district; 4-22 (B) a district cost relating to an improvement 4-23 project; 4-24 (C) a district contractual obligation or 4-25 indebtedness, because of a lease, installment purchase contract, or 4-26 other agreement; and 4-27 (D) a tax, user fee, concession fee, rental fee, 4-28 or other revenue or resources of the district; and 4-29 (9) undertake improvement projects separately or 4-30 jointly with other persons or entities and pay all or part of the 4-31 costs of improvement projects, including improvement projects that: 4-32 (A) improve, enhance, or support public safety 4-33 and security, fire protection, emergency medical services, or law 4-34 enforcement in the district; 4-35 (B) confer a general benefit on the entire 4-36 district and the areas adjacent to the district; or 4-37 (C) confer a special benefit on all or part of 4-38 the district. 4-39 (b) The district may not employ peace officers. 4-40 (c) The district may not impose ad valorem taxes on property 4-41 in the district. 4-42 SECTION 17. SPECIFIC POWERS RELATING TO IMPROVEMENTS. An 4-43 improvement project or service provided by the district may 4-44 include: 4-45 (1) the construction, acquisition, lease, rental, 4-46 installment purchase, improvement, rehabilitation, repair, 4-47 relocation, and operation of: 4-48 (A) landscaping; lighting, banners, or signs; 4-49 streets or sidewalks, pedestrian or bicycle paths and trails; 4-50 pedestrian walkways, skywalks, crosswalks, or tunnels; highway 4-51 right-of-way or transit corridor beautification and improvements; 4-52 (B) drainage or storm water detention 4-53 improvements; solid waste, water, sewer, or power facilities and 4-54 services, including electrical, gas, steam, and chilled water 4-55 facilities and services; 4-56 (C) parks, lakes, gardens, recreational 4-57 facilities, open space, scenic areas, and related exhibits and 4-58 preserves; fountains, plazas, or pedestrian malls; public art or 4-59 sculpture and related exhibits and facilities; educational or 4-60 cultural exhibits and facilities; exhibits, displays, attractions, 4-61 or facilities for special events, holidays, or seasonal or cultural 4-62 celebrations; 4-63 (D) off-street parking facilities, bus 4-64 terminals, heliports, mass-transit, or roadway-borne or water-borne 4-65 transportation systems; and 4-66 (E) other public improvements, facilities, or 4-67 services similar to the improvements, facilities, or services 4-68 described by Paragraphs (A) through (D) of this subdivision; 4-69 (2) the cost of removal, razing, demolition, or 5-1 clearing of land or improvements in connection with providing an 5-2 improvement project; 5-3 (3) the acquisition of real or personal property or an 5-4 interest in the property that is made in connection with an 5-5 authorized improvement project; and 5-6 (4) the provision of special or supplemental services 5-7 to improve or promote the area in the district or to protect the 5-8 public health and safety in the district, including advertising, 5-9 promotion, tourism, health and sanitation, public safety, security, 5-10 fire protection or emergency medical services, business 5-11 recruitment, development, elimination of traffic congestion, and 5-12 recreational, educational, or cultural improvements, enhancements, 5-13 or services. 5-14 SECTION 18. RELATION TO OTHER LAW. If a provision of a law 5-15 referenced in Section 15 of this Act or referenced in Subchapter E, 5-16 Chapter 375, Local Government Code, is in conflict with or 5-17 inconsistent with this Act, this Act prevails. A law referenced in 5-18 Section 15 of this Act or referenced in Subchapter E, Chapter 375, 5-19 Local Government Code, that is not in conflict with or inconsistent 5-20 with this Act is adopted and incorporated by reference and may be 5-21 used by the district independently of each other. 5-22 SECTION 19. NO EMINENT DOMAIN POWER. The district may not 5-23 exercise the power of eminent domain. 5-24 SECTION 20. CERTAIN RESIDENTIAL PROPERTY EXEMPT. The 5-25 district may not impose an impact fee or assessment on a single 5-26 family residential property or a residential duplex, triplex, 5-27 quadruplex, or condominium. 5-28 SECTION 21. SALES AND USE TAX; EXCISE TAX. (a) The 5-29 district may impose a sales and use tax for the benefit of the 5-30 district if authorized by a majority of the qualified voters of the 5-31 district voting at an election called for that purpose. 5-32 (b) If the district adopts the tax: 5-33 (1) a tax is imposed on the receipts from the sale at 5-34 retail of taxable items in the district; and 5-35 (2) an excise tax is imposed on the use, storage, or 5-36 other consumption in the district of taxable items purchased, 5-37 leased, or rented from a retailer during the period that the tax is 5-38 effective in the district. 5-39 (c) The rate of the excise tax is the same as the rate of 5-40 the sales tax portion of the tax applied to the sales price of the 5-41 taxable items and is included in the sales tax. 5-42 (d) For purposes of this section: 5-43 (1) "taxable items" includes all items subject to any 5-44 sales and use tax that is imposed by the county if the county has 5-45 imposed a sales and use tax; and 5-46 (2) "use," with respect to a taxable service, means 5-47 the derivation in the district of direct or indirect benefit from 5-48 the service. 5-49 SECTION 22. TAX ELECTION PROCEDURES. (a) The board by 5-50 order may call an election to adopt, change the rate of, or abolish 5-51 a sales and use tax. The election may be held at the same time and 5-52 in conjunction with a confirmation or directors election. 5-53 (b) The election must be held on the next uniform election 5-54 date that falls on or after the 45th day after the date the order 5-55 calling the election is adopted. 5-56 (c) Notice of the election shall be given and the election 5-57 shall be held and conducted in the manner prescribed for bond 5-58 elections under Subchapter D, Chapter 49, Water Code. 5-59 (d) In an election to adopt the tax, the ballot shall be 5-60 prepared to permit voting for or against the proposition: "The 5-61 adoption of a local sales and use tax in the East Montgomery County 5-62 Improvement District at the rate of (proposed tax rate)." 5-63 (e) In an election to change the rate of the tax, the ballot 5-64 shall be prepared to permit voting for or against the proposition: 5-65 "The (increase or decrease, as applicable) in the rate of the local 5-66 sales and use tax imposed in the East Montgomery County Improvement 5-67 District from (tax rate on election date) percent to (proposed tax 5-68 rate) percent." 5-69 (f) In an election to abolish the tax, the ballot shall be 6-1 prepared to permit voting for or against the proposition: "The 6-2 abolition of the local sales and use tax in the East Montgomery 6-3 County Improvement District." 6-4 SECTION 23. IMPOSITION, COMPUTATION, ADMINISTRATION, AND 6-5 GOVERNANCE OF TAX. (a) Chapter 323, Tax Code, to the extent not 6-6 inconsistent with this Act, governs the application, collection, 6-7 and administration of the tax under this Act, except Sections 6-8 323.401 through 323.406, and 323.505, Tax Code, do not apply. 6-9 Subtitles A and B, Title 2, and Chapter 151, Tax Code, govern the 6-10 administration and enforcement of the taxes under this Act. 6-11 (b) Chapter 323, Tax Code, does not apply to the use and 6-12 allocation of revenues under this Act. 6-13 (c) In applying Chapter 323, Tax Code, the district's name 6-14 shall be substituted for references in that chapter to "the county" 6-15 and the board of directors of the district is substituted for 6-16 references in that chapter to "commissioners court." 6-17 SECTION 24. EFFECTIVE DATE OF TAX OR TAX CHANGE. The 6-18 adoption of a tax rate or change in the tax rate takes effect after 6-19 the expiration of the first complete calendar quarter occurring 6-20 after the date on which the comptroller receives a notice of the 6-21 results of the election. 6-22 SECTION 25. TAX RATES. The district may impose the sales 6-23 and use tax under this Act in increments of one-eighth of one 6-24 percent, with a minimum tax of one-half percent and a maximum tax 6-25 of one percent. 6-26 SECTION 26. ABOLITION OF TAX RATE. The board by order may 6-27 abolish the local sales and use tax rate without an election. 6-28 SECTION 27. USE OF TAX. Taxes collected under this Act may 6-29 be used only for the purposes for which the district was created. 6-30 SECTION 28. SUBMISSION OF ANNEXATION INFORMATION. Not later 6-31 than the 10th day after the date on which the district annexes or 6-32 excludes territory, the board shall send to the comptroller a 6-33 certified copy of any resolution, order, or ordinance relating to 6-34 the annexation or exclusion. 6-35 SECTION 29. APPLICATION OF CERTAIN TAX PROCEEDS. 6-36 (a) During each interval of three calendar years following the 6-37 date on which a tax imposed under this Act is collected for the 6-38 first time, the board shall apply an annual average of not less 6-39 than 10 percent of the net proceeds of the tax collection to 6-40 mitigate the impact of development in the district on adjacent 6-41 areas, including effects on public utilities and services, public 6-42 transportation and traffic movement, and scenic and aesthetic 6-43 beauty. 6-44 (b) In this section, "net proceeds" means the difference 6-45 between the amount of tax collected and the total amount of the 6-46 general and administrative expenses of the district, including the 6-47 cost of imposing and collecting the tax. 6-48 SECTION 30. LIMITATION ON INDEBTEDNESS. The district may 6-49 borrow money for a term of less than one year to finance the 6-50 district's purposes and evidence the indebtedness by a contract, 6-51 promissory note, or similar instrument. Before the district 6-52 borrows money, the board must find that the district's taxes and 6-53 other net revenue to be collected by the district during the 6-54 one-year period following the creation of the debt and money 6-55 available to the district from other sources will be sufficient to 6-56 repay or discharge the debt before that one-year period expires. 6-57 SECTION 31. CONTRACTING AUTHORITY. (a) The district may 6-58 contract with a municipality, a county, another political 6-59 subdivision, a corporation, or another person to carry out the 6-60 purposes of this Act on terms and for the period of time the board 6-61 determines. 6-62 (b) Notwithstanding any other law or charter provision to 6-63 the contrary, a state agency, a municipality, a county, another 6-64 political subdivision, a corporation, an individual, or another 6-65 entity is authorized to contract with the district to carry out the 6-66 purposes of this Act. 6-67 SECTION 32. DISSOLUTION BY BOARD ORDER. The board by order 6-68 may dissolve the district at any time unless the district has 6-69 outstanding indebtedness or contractual obligations. 7-1 SECTION 33. DISSOLUTION BY PETITION OF OWNERS. (a) The 7-2 board by order shall dissolve the district if the board receives a 7-3 written petition signed by the owners of 75 percent or more of the 7-4 real property acreage in the district. 7-5 (b) After the date the district is dissolved, the district 7-6 may not levy taxes. 7-7 (c) If on the date the district is dissolved the district 7-8 has outstanding liabilities, the board shall, not later than the 7-9 30th day after the dissolution, adopt a resolution certifying each 7-10 outstanding liability. The county in which the district is located 7-11 shall assume the outstanding liabilities. The county shall collect 7-12 the sales and use tax for the district for the remainder of the 7-13 calendar year. The county may continue to collect the tax for an 7-14 additional calendar year if the commissioners court finds that the 7-15 tax revenue is needed to retire the district liabilities that were 7-16 assumed by the county. 7-17 (d) The district and the board may continue to operate for a 7-18 period not to exceed two months after carrying out the 7-19 responsibilities required by Subsection (c) of this section. The 7-20 board and the district are continued in effect for the purpose of 7-21 satisfying these responsibilities. 7-22 (e) If the board and the district are continued in effect 7-23 under Subsection (d) of this section, the board and district are 7-24 dissolved entirely on the first day of the month following the 7-25 month in which the board certifies to the secretary of state that 7-26 no responsibilities of Subsection (c) of this section are left 7-27 unsatisfied. 7-28 SECTION 34. ADMINISTRATION OF DISTRICT PROPERTY FOLLOWING 7-29 DISSOLUTION. (a) After the board orders the dissolution of the 7-30 district, the board shall transfer ownership of all property and 7-31 assets of the district to the county, except as provided by 7-32 Subsection (b) of this section. 7-33 (b) If on the date on which the board orders the dissolution 7-34 of the district more than 50 percent of the territory in the 7-35 district is in the corporate limits of a municipality, the board 7-36 shall transfer ownership of the district's property and assets to 7-37 the municipality. 7-38 SECTION 35. NOTICE AND CONSENT. The legislature finds that: 7-39 (1) the proper and legal notice of the intention to 7-40 introduce this Act, setting forth the general substance of this 7-41 Act, has been published as provided by law, and the notice and a 7-42 copy of this Act have been furnished to all persons, agencies, 7-43 officials, or entities to which they are required to be furnished 7-44 by the constitution and laws of this state, including the governor, 7-45 who has submitted the notice and a copy of this Act to the Texas 7-46 Natural Resource Conservation Commission; 7-47 (2) the Texas Natural Resource Conservation Commission 7-48 has filed its recommendations relating to this Act with the 7-49 governor, lieutenant governor, and speaker of the house of 7-50 representatives within the required time; 7-51 (3) the general law relating to consent by political 7-52 subdivisions to the creation of districts with conservation, 7-53 reclamation, and road powers and the inclusion of land in those 7-54 districts has been complied with; and 7-55 (4) all requirements of the constitution and laws of 7-56 this state and the rules and procedures of the legislature with 7-57 respect to the notice, introduction, and passage of this Act have 7-58 been fulfilled and accomplished. 7-59 SECTION 36. EMERGENCY. The importance of this legislation 7-60 and the crowded condition of the calendars in both houses create an 7-61 emergency and an imperative public necessity that the 7-62 constitutional rule requiring bills to be read on three several 7-63 days in each house be suspended, and this rule is hereby suspended, 7-64 and that this Act take effect and be in force from and after its 7-65 passage, and it is so enacted. 7-66 * * * * *