78S40246 ESH/CBH/JD/YDB-D
By: Grusendorf H.B. No. 1
A BILL TO BE ENTITLED
AN ACT
relating to public education and public school finance, including
state and local taxation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 21, Education Code, is amended by adding
Subchapter N to read as follows:
SUBCHAPTER N. EDUCATOR EXCELLENCE INCENTIVE PROGRAM
Sec. 21.651. EDUCATOR EXCELLENCE INCENTIVE PROGRAM; FUND.
(a) The commissioner shall establish an educator excellence
incentive program as provided by this subchapter. The purpose of
the program is to reward classroom teachers and principals in
participating school districts whose performance demonstrates
success in adding value to student achievement.
(b) The educator excellence incentive fund is an account in
the general revenue fund. The fund consists of amounts transferred
to the fund at the direction of the legislature for purposes of the
program and donations and grants made to the fund for purposes of
the program.
(c) The commissioner must approve each payment from the fund
and may adopt rules for the administration of the program and the
payment of incentive grants from the fund.
Sec. 21.652. STATE EVALUATION SYSTEM. (a) The
commissioner shall develop a system for evaluating classroom
teachers and principals in participating school districts for
purposes of awarding campus incentives under this subchapter. The
evaluation system must provide for awarding grants based on
value-added student achievement, as measured by the performance of
the students at a campus on:
(1) state assessment instruments administered under
Sections 39.023(a), (b), (c), and (l);
(2) end-of-course assessment instruments administered
under Section 39.023(d); and
(3) other appropriate academic excellence indicators
under Section 39.051.
(b) At the end of each school year, the commissioner shall
evaluate each campus in participating school districts under the
state evaluation system and rank each campus by the campus's score
on the evaluation system. The commissioner shall then divide the
ranked campuses into three groups, as follows:
(1) the first group consists of the highest-ranked
campuses, beginning with the highest-ranked campus and ending with
the first campus that results in the total number of students served
by the campuses in the group equaling or exceeding 20 percent of the
total number of students in the state;
(2) the second group consists of the next
highest-ranked campuses, beginning with the highest-ranked campus
that is not in the first group and ending with the first campus that
results in the total number of students served by the campuses in
the group equaling or exceeding 20 percent of the total number of
students in the state; and
(3) the third group consists of all campuses that are
not in the first two groups.
(c) After grouping school campuses as provided by
Subsection (b), the commissioner shall promptly notify each
participating school district of the commissioner's determination.
Each district in which a campus in a group described by Subsection
(b)(1) or (2) is located shall promptly notify the commissioner of
the number of full-time classroom teachers and principals employed
at each listed campus during the school year for which the
determination is made who are eligible for an incentive under this
subchapter.
(d) The commissioner's determination under this section is
final and may not be appealed.
Sec. 21.653. GRANTS TO SCHOOL DISTRICTS. (a) From funds
appropriated for that purpose, and based on the evaluations under
Section 21.652(b), the commissioner shall make grants to all school
districts in which a campus in a group described by Section
21.652(b)(1) or (2) is located to enable the districts to pay campus
incentives to full-time classroom teachers and principals under
this subchapter.
(b) The amount of a grant must be sufficient to enable the
school district receiving the grant to pay:
(1) the full amount of incentive payments to eligible
campus principals under Section 21.654; and
(2) the minimum amount of incentive payments to
eligible classroom teachers under Section 21.655.
(c) If the total amount available for campus incentives
under this subchapter exceeds the total minimum amount of the
grants under Subsection (b), the commissioner shall grant to each
school district receiving a grant under this section an amount
determined by dividing the excess under this subsection by the
number of eligible classroom teachers in the state and multiplying
the resulting quotient by the number of eligible classroom teachers
in the school district.
(d) The commissioner shall determine the amount of the grant
to which each school district is entitled under this section and
shall notify each participating district of the determination not
later than June 1 of the fiscal year for which the determination is
made. The commissioner shall remit the grant money not later than
August 1 of that fiscal year. The commissioner's determination
under this section is final and may not be appealed.
(e) A school district may use money received under this
section only to pay an incentive to a classroom teacher or principal
as provided by this subchapter.
Sec. 21.654. INCENTIVE PAYMENTS TO PRINCIPALS. Each
eligible principal at a campus in a group described by Section
21.652(b)(1) or (2) is entitled to an incentive payment of:
(1) $10,000, if the campus is in the group described by
Section 21.652(b)(1); or
(2) $5,000, if the campus is in the group described by
Section 21.652(b)(2).
Sec. 21.655. INCENTIVE PAYMENTS TO CLASSROOM TEACHERS. (a)
Each eligible classroom teacher at a campus in a group described by
Section 21.652(b)(1) or (2) is entitled to an incentive payment of:
(1) not less than $3,000 or more than $5,000, if the
campus is in the group described by Section 21.652(b)(1); or
(2) not less than $1,000 or more than $2,000, if the
campus is in the group described by Section 21.652(b)(2).
(b) The principal at a campus in a group described by
Section 21.652(b)(1) or (2) shall determine the amount of each
incentive payment under this section. The principal must base the
principal's determination on the recommendations of the
campus-level committee established under Section 11.253. The
committee's recommendations must be based on the committee's
assessment of the classroom teacher's contributions towards the
campus's success.
(c) The determination of a principal under this section is
final and may not be appealed.
SECTION 2. Section 39.023(c), Education Code, is amended to
read as follows:
(c) The agency shall also adopt end-of-course [secondary
exit-level] assessment instruments for secondary-level courses in
Algebra I, Algebra II, Geometry, Biology, Chemistry, Physics,
Integrated Physics and Chemistry, English I, English II, English
III, World Geography, World History, and United States History
[designed to be administered to students in grade 11 to assess
essential knowledge and skills in mathematics, English language
arts, social studies, and science. The mathematics section must
include at least Algebra I and geometry with the aid of technology.
The English language arts section must include at least English III
and must include the assessment of essential knowledge and skills
in writing. The social studies section must include early American
and United States history. The science section must include at
least biology and integrated chemistry and physics. The assessment
instruments must be designed to assess a student's mastery of
minimum skills necessary for high school graduation and readiness
to enroll in an institution of higher education]. If a student is
in a special education program under Subchapter A, Chapter 29, the
student's admission, review, and dismissal committee shall
determine whether any allowable modification is necessary in
administering to the student an assessment instrument required
under this subsection or whether the student should be exempted
under Section 39.027(a)(2). The State Board of Education shall
administer the assessment instruments. The State Board of
Education shall adopt a schedule for the administration of
end-of-course [secondary exit-level] assessment instruments. Each
student who did not perform satisfactorily on any end-of-course
[secondary exit-level] assessment instrument when initially tested
shall be given multiple opportunities to retake that assessment
instrument. [A student who performs at or above a level established
by the Texas Higher Education Coordinating Board on the secondary
exit-level assessment instruments is exempt from the requirements
of Section 51.306.]
SECTION 3. Section 39.025, Education Code, is amended to
read as follows:
Sec. 39.025. EXIT-LEVEL PERFORMANCE REQUIRED. (a) A student
may not receive a high school diploma until the student has
performed satisfactorily on the following end-of-course [secondary
exit-level] assessment instruments for students in secondary
grades [English language arts, mathematics, social studies, and
science] administered under Section 39.023(c):
(1) English III;
(2) United States History;
(3) two of the following assessment instruments:
(A) Algebra I;
(B) Algebra II; or
(C) Geometry;
(4) two of the following assessment instruments:
(A) Biology;
(B) Chemistry;
(C) Physics; or
(D) Integrated Physics and Chemistry;
(5) one of the following assessment instruments:
(A) English I; or
(B) English II; and
(6) one of the following assessment instruments:
(A) World Geography; or
(B) World History. [This subsection does not
require a student to demonstrate readiness to enroll in an
institution of higher education.]
(b) Each time an end-of-course [a secondary exit-level]
assessment instrument is administered, a student who has not been
given a high school diploma because of a failure to perform
satisfactorily on the assessment instrument for that subject area
may retake the assessment instrument.
(c) A student who has been denied a high school diploma
under Subsections (a) and (b) and who subsequently performs
satisfactorily on each necessary end-of-course [secondary
exit-level] assessment instrument shall be issued a high school
diploma.
(d) Subsection (a) does not require a student to demonstrate
readiness to enroll in an institution of higher education.
(e) Each school district or school that is required to
administer an end-of-course assessment instrument under Section
39.023(c) shall determine whether a student who will graduate
during or before the 2008-2009 school year and who is enrolled in a
class in which an end-of-course assessment instrument is
administered is required to take the assessment instrument. A
student who is required by the school district to take the
end-of-course assessment instrument and who will graduate during or
before the 2008-2009 school year is not required to perform
satisfactorily on the assessment instrument to receive a high
school diploma. This subsection expires September 1, 2010.
(f) The agency shall notify each student who will graduate
during the 2009-2010 school year after completing four years of
high school of the requirement to perform satisfactorily on the
end-of-course assessment instruments described by Subsection (a)
in order to receive a high school diploma. This subsection expires
September 1, 2010.
SECTION 4. Section 42.101, Education Code, is amended to
read as follows:
Sec. 42.101. BASIC ALLOTMENT. For each student in average
daily attendance, not including the time students spend each day in
special education programs in an instructional arrangement other
than mainstream or career and technology education programs, for
which an additional allotment is made under Subchapter C, a
district is entitled to an allotment of $2,650 [$2,537]. A greater
amount for any school year may be provided by appropriation.
SECTION 5. Section 42.302(a), Education Code, is amended to
read as follows:
(a) Each school district is guaranteed a specified amount
per weighted student in state and local funds for each cent of tax
effort over that required for the district's local fund assignment
up to the maximum level specified in this subchapter. The amount of
state support, subject only to the maximum amount under Section
42.303, is determined by the formula:
GYA = (GL X WADA X DTR X 100) - LR
where:
"GYA" is the guaranteed yield amount of state funds to be
allocated to the district;
"GL" is the dollar amount guaranteed level of state and local
funds per weighted student per cent of tax effort, which is $27.50
[$27.14] or a greater amount for any year provided by
appropriation;
"WADA" is the number of students in weighted average daily
attendance, which is calculated by dividing the sum of the school
district's allotments under Subchapters B and C, less any allotment
to the district for transportation, any allotment under Section
42.158, and 50 percent of the adjustment under Section 42.102, by
the basic allotment for the applicable year;
"DTR" is the district enrichment tax rate of the school
district, which is determined by subtracting the amounts specified
by Subsection (b) from the total amount of maintenance and
operations taxes collected by the school district for the
applicable school year and dividing the difference by the quotient
of the district's taxable value of property as determined under
Subchapter M, Chapter 403, Government Code, or, if applicable,
under Section 42.2521, divided by 100; and
"LR" is the local revenue, which is determined by multiplying
"DTR" by the quotient of the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code, or, if
applicable, under Section 42.2521, divided by 100.
SECTION 6. Section 42.303, Education Code, is amended to
read as follows:
Sec. 42.303. LIMITATION ON ENRICHMENT TAX RATE. The
district enrichment tax rate ("DTR") under Section 42.302 may not
exceed $0.44 [$0.64] per $100 of valuation, or a greater amount for
any year provided by appropriation.
SECTION 7. Section 46.003(a), Education Code, is amended to
read as follows:
(a) For each year, except as provided by Sections 46.005 and
46.006, a school district is guaranteed a specified amount per
student in state and local funds for each cent of tax effort, up to
the maximum rate under Subsection (b), to pay the principal of and
interest on eligible bonds issued to construct, acquire, renovate,
or improve an instructional facility. The amount of state support
is determined by the formula:
FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))
where:
"FYA" is the guaranteed facilities yield amount of state
funds allocated to the district for the year;
"FYL" is the dollar amount guaranteed level of state and
local funds per student per cent of tax effort, which is $35.50
[$35] or a greater amount for any year provided by appropriation;
"ADA" is the greater of the number of students in average
daily attendance, as determined under Section 42.005, in the
district or 400;
"BTR" is the district's bond tax rate for the current year,
which is determined by dividing the amount budgeted by the district
for payment of eligible bonds by the quotient of the district's
taxable value of property as determined under Subchapter M, Chapter
403, Government Code, or, if applicable, Section 42.2521, divided
by 100; and
"DPV" is the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code, or, if
applicable, Section 42.2521.
SECTION 8. Subtitle E, Title 4, Government Code, is amended
by adding Chapter 466A to read as follows:
CHAPTER 466A. VIDEO LOTTERY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 466A.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Lottery Commission.
(2) "Video lottery" means the conduct of video lottery
games as authorized under this chapter.
(3) "Video lottery game" means any game of chance,
including a game of chance in which the outcome may be partially
determined by skill or ability, that for consideration may be
played by an individual on an electronic machine or video display.
(4) "Video lottery retailer" means a person licensed
under this chapter to conduct video lottery.
[Sections 466A.002-466A.050 reserved for expansion]
SUBCHAPTER B. ADMINISTRATION
Sec. 466A.051. POWERS AND DUTIES OF COMMISSION AND
EXECUTIVE DIRECTOR. (a) The commission may conduct video lottery
in accordance with this subchapter under a contract with:
(1) a video lottery retailer; or
(2) an Indian tribe described by Section 47(f),
Article III, Texas Constitution.
(b) The commission and executive director have broad
authority and shall exercise strict control and close supervision
over video lottery games operated in this state to promote and
ensure integrity, security, honesty, and fairness in the conduct
and administration of video lottery.
Sec. 466A.052. RULES. The commission shall adopt all rules
necessary to conduct or supervise video lottery, administer this
chapter, and provide security for video lottery.
[Sections 466A.053-466A.100 reserved for expansion]
SUBCHAPTER C. LICENSE AND CONTRACT REQUIREMENTS
Sec. 466A.101. RESTRICTIONS ON VIDEO LOTTERY. (a) A person
other than the commission may not conduct video lottery in this
state unless the person:
(1) is a video lottery retailer or an Indian tribe
described by Section 47(f), Article III, Texas Constitution; and
(2) operates the video lottery games on behalf of this
state under a contract with the commission authorized by this
chapter.
(b) A person may not provide video lottery technology for
use in this state unless the person holds a license to provide video
lottery technology under this chapter.
(c) A person licensed as a video lottery technology provider
may not provide video lottery technology or equipment to any person
without the consent of the commission.
Sec. 466A.102. VIDEO LOTTERY RETAILER LICENSE. On
application, the commission shall issue a video lottery retailer
license to a pari-mutuel license holder in good standing under the
Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes) who:
(1) holds a Class 1 or Class 2 racetrack license or is
licensed to conduct greyhound races under that act; and
(2) is not ineligible to hold the license under
another provision of this chapter or a commission rule.
Sec. 466A.103. VIDEO LOTTERY TECHNOLOGY PROVIDER LICENSE.
The commission shall issue a video lottery technology provider
license to an eligible person with equipment and technology the
commission determines to be compatible with the commission's video
lottery system to provide video lottery machines and services to
video lottery retailers and Indian tribes conducting video lottery
under this chapter.
[Sections 466A.104-466A.150 reserved for expansion]
SUBCHAPTER D. REVENUE
Sec. 466A.151. DIVISION OF REVENUE OF VIDEO LOTTERY
RETAILER. (a) Not later than the third business day of each month,
or on a later date as permitted by commission rule, a video lottery
retailer shall pay to the commission 50 percent of the net terminal
income derived from video lottery games operated by the retailer in
the preceding month.
(b) The remainder of the net terminal income shall be
retained by the video lottery retailer.
Sec. 466A.152. REVENUE FROM INDIAN TRIBE VIDEO LOTTERY. A
contract with an Indian tribe under this chapter must provide for
the commission to receive not less than 25 percent of the net
terminal income derived from video lottery games operated under the
contract.
SECTION 9. (a) Section 23.23(a), Tax Code, is amended to
read as follows:
(a) The appraised value of a residence homestead for a tax
year may not exceed the lesser of:
(1) the market value of the property; or
(2) the sum of:
(A) three [10] percent of the appraised value of
the property for the last year in which the property was appraised
for taxation times the number of years since the property was last
appraised;
(B) the appraised value of the property for the
last year in which the property was appraised; and
(C) the market value of all new improvements to
the property.
(b) Section 23.23(a), Tax Code, as amended by this Act,
applies only to the appraisal for ad valorem tax purposes of a
residence homestead for a tax year that begins on or after January
1, 2005.
SECTION 10. Section 26.04(c), Tax Code, is amended to read
as follows:
(c) An officer or employee designated by the governing body
shall calculate the effective tax rate and the rollback tax rate for
the unit, where:
(1) "Effective tax rate" means a rate expressed in
dollars per $100 of taxable value calculated according to the
following formula:
EFFECTIVE TAX RATE = (LAST YEAR'S LEVY - LOST PROPERTY LEVY) /
(CURRENT TOTAL VALUE - NEW PROPERTY VALUE)
; and
(2) "Rollback tax rate" means a rate expressed in
dollars per $100 of taxable value calculated according to the
following formula:
ROLLBACK TAX RATE = (EFFECTIVE MAINTENANCE AND OPERATIONS RATE x
1.03 [1.08]) + CURRENT DEBT RATE
SECTION 11. Sections 26.041(a), (b), and (c), Tax Code, are
amended to read as follows:
(a) In the first year in which an additional sales and use
tax is required to be collected, the effective tax rate and rollback
tax rate for the unit are calculated according to the following
formulas:
EFFECTIVE TAX RATE = [(LAST YEAR'S LEVY - LOST PROPERTY LEVY) /
(CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] - SALES TAX GAIN RATE
and
ROLLBACK RATE = (EFFECTIVE MAINTENANCE AND OPERATIONS RATE x 1.03
[1.08]) + CURRENT DEBT RATE - SALES TAX GAIN RATE
where "sales tax gain rate" means a number expressed in dollars per
$100 of taxable value, calculated by dividing the revenue that will
be generated by the additional sales and use tax in the following
year as calculated under Subsection (d) [of this section] by the
current total value.
(b) Except as provided by Subsections (a) and (c) [of this
section], in a year in which a taxing unit imposes an additional
sales and use tax the rollback tax rate for the unit is calculated
according to the following formula, regardless of whether the unit
levied a property tax in the preceding year:
ROLLBACK RATE = [(LAST YEAR'S MAINTENANCE AND OPERATIONS EXPENSE X
1.03 [1.08]) / ([TOTAL] CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] +
(CURRENT DEBT RATE - SALES TAX REVENUE RATE)
where "last year's maintenance and operations expense" means the
amount spent for maintenance and operations from property tax and
additional sales and use tax revenues in the preceding year, and
"sales tax revenue rate" means a number expressed in dollars per
$100 of taxable value, calculated by dividing the revenue that will
be generated by the additional sales and use tax in the current year
as calculated under Subsection (d) [of this section] by the current
total value.
(c) In a year in which a taxing unit that has been imposing
an additional sales and use tax ceases to impose an additional sales
and use tax the effective tax rate and rollback tax rate for the
unit are calculated according to the following formulas:
EFFECTIVE TAX RATE = [(LAST YEAR'S LEVY - LOST PROPERTY LEVY) /
(CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] + SALES TAX LOSS RATE
and
ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND OPERATIONS
EXPENSE X 1.03 [1.08]) / ([TOTAL] CURRENT TOTAL VALUE - NEW PROPERTY
VALUE)] + CURRENT DEBT RATE
where "sales tax loss rate" means a number expressed in dollars per
$100 of taxable value, calculated by dividing the amount of sales
and use tax revenue generated in the last four quarters for which
the information is available by the current total value and "last
year's maintenance and operations expense" means the amount spent
for maintenance and operations from property tax and additional
sales and use tax revenues in the preceding year.
SECTION 12. Section 151.0031, Tax Code, is amended to read
as follows:
Sec. 151.0031. "COMPUTER PROGRAM." "Computer program"
means a series of instructions that are coded for acceptance or use
by a computer system and that are designed to permit the computer
system to process data and provide results and information. The
series of instructions may be contained in or on magnetic tapes,
punched cards, printed instructions, or other tangible or
electronic media. For purposes of this chapter, the term includes a
computer program created or developed exclusively for a client who
retains all rights to the program.
SECTION 13. Section 151.0101(a), Tax Code, is amended to
read as follows:
(a) "Taxable services" means:
(1) amusement services;
(2) cable television services;
(3) personal services;
(4) motor vehicle parking and storage services;
(5) the repair, remodeling, maintenance, and
restoration of tangible personal property, except:
(A) aircraft;
(B) a ship, boat, or other vessel, other than:
(i) a taxable boat or motor as defined by
Section 160.001;
(ii) a sports fishing boat; or
(iii) any other vessel used for pleasure;
and
(C) the repair, maintenance, and restoration of a
motor vehicle; [and
[(D) the repair, maintenance, creation, and
restoration of a computer program, including its development and
modification, not sold by the person performing the repair,
maintenance, creation, or restoration service;]
(6) telecommunications services;
(7) credit reporting services;
(8) debt collection services;
(9) insurance services;
(10) information services;
(11) real property services;
(12) data processing services;
(13) real property repair and remodeling;
(14) security services;
(15) telephone answering services;
(16) Internet access service; and
(17) a sale by a transmission and distribution
utility, as defined in Section 31.002, Utilities Code, of
transmission or delivery of service directly to an electricity
end-use customer whose consumption of electricity is subject to
taxation under this chapter.
SECTION 14. Section 154.021(b), Tax Code, is amended to
read as follows:
(b) The tax rates are:
(1) $70.50 [$20.50] per thousand on cigarettes
weighing three pounds or less per thousand; and
(2) the rate provided by Subdivision (1) plus $2.10
per thousand on cigarettes weighing more than three pounds per
thousand.
SECTION 15. Section 154.603, Tax Code, is amended to read as
follows:
Sec. 154.603. DISPOSITION OF REVENUE. (a) After the
deductions for the purposes provided by Section 154.602 [of this
code], the revenue remaining of the first $2 of tax received per
1,000 cigarettes for cigarettes weighing three pounds or less per
thousand and the first $4.10 per 1,000 cigarettes of the tax
received for cigarettes weighing more than three pounds per
thousand is allocated:
(1) 18.75 percent to the foundation school fund; and
(2) 81.25 percent to the general revenue fund.
(b) The revenue remaining after the deductions for the
purposes provided by Section 154.602 [of this code] and allocation
under Subsection (a) of the next $18.50 of tax received per 1,000
cigarettes for cigarettes weighing three pounds or less per
thousand and the next $18.50 per 1,000 cigarettes of the tax
received for cigarettes weighing more than three pounds per
thousand [this section] is allocated to the general revenue fund.
(c) The revenue remaining after the deductions for the
purposes provided by Section 154.602 and allocation under
Subsections (a) and (b) shall be deposited to the credit of the
foundation school fund.
SECTION 16. (a) The following provisions of the Education
Code are repealed:
(1) Chapter 41;
(2) Subchapter H, Chapter 21; and
(3) Section 4.003.
(b) Article 3.50-8, Insurance Code, as amended by Chapter
313, Acts of the 78th Legislature, Regular Session, 2003, is
repealed.
(c) Chapter 171, Tax Code, is repealed.
(d) Section 49.236, Water Code, as added by Chapter 248,
Acts of the 78th Legislature, Regular Session, 2003, and Section
49.236, Water Code, as added by Chapter 335, Acts of the 78th
Legislature, Regular Session, 2003, are repealed.
(e) Section 49.107(g), Water Code, is repealed.
SECTION 17. (a) Chapter 171, Tax Code, and Subtitle B, Title
2, Tax Code, continue to apply to audits, deficiencies,
redeterminations, and refunds of any tax due or collected under
that chapter until barred by limitations.
(b) The repeal of Chapter 171, Tax Code, by this Act does not
affect:
(1) the status of a corporation that has had its
corporate privileges, certificate of authority, or corporate
charter revoked, a suit filed against it, or a receiver appointed
under Subchapter F, G, or H of that chapter;
(2) the ability of the comptroller, secretary of
state, or attorney general to take action against a corporation
under those subchapters for actions that took place before the
repeal; or
(3) the right of a corporation to contest a
forfeiture, revocation, lawsuit, or appointment of a receiver under
those subchapters.
SECTION 18. This Act takes effect January 1, 2005, but only
if the constitutional amendment proposed by __.J.R. No. ___, 78th
Legislature, 4th Called Session, 2004, is approved by the voters.
If that amendment is not approved by the voters, this Act has no
effect.