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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Lavaca County Groundwater |
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Conservation District; providing authority to impose a tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8822 to read as follows: |
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CHAPTER 8822. LAVACA COUNTY GROUNDWATER |
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CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8822.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Lavaca County Groundwater |
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Conservation District. |
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Sec. 8822.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district in Lavaca County created under |
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and essential to accomplish the purposes of Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 8822.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held on or before May 31, 2012: |
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(1) the district is dissolved on May 31, 2012, except |
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that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Lavaca County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires May 31, 2012. |
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Sec. 8822.004. INITIAL DISTRICT TERRITORY. The initial |
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boundaries of the district are coextensive with the boundaries of |
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Lavaca County, Texas. |
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Sec. 8822.005. APPLICABILITY OF OTHER GROUNDWATER |
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CONSERVATION DISTRICT LAW. Except as otherwise provided by this |
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chapter, Chapter 36, Water Code, applies to the district. |
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Sec. 8822.006. DISTRICT PURPOSE. The district is created |
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to: |
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(1) provide for the conservation, preservation, |
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protection, recharging, and prevention of waste of groundwater, and |
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of groundwater reservoirs or their subdivisions, in the Lavaca |
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County area; and |
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(2) control subsidence caused by the withdrawal of |
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water from the groundwater reservoirs or their subdivisions in the |
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Lavaca County area. |
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[Sections 8822.007-8822.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8822.021. TEMPORARY DIRECTORS. The following |
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individuals shall serve as temporary directors for the district: |
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(1) A. J. Cerny, Jr.; |
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(2) August Etlinger; |
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(3) J. C. Hermes; |
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(4) David L. Myers; and |
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(5) Larry A. Svetlik. |
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Sec. 8822.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 36.055, Water Code, a |
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majority of the temporary directors shall convene the |
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organizational meeting of the district at a location within the |
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district agreeable to a majority of the directors. If an agreement |
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on location cannot be reached, the organizational meeting shall be |
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at the Lavaca County Courthouse. |
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Sec. 8822.023. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. (a) The temporary directors shall hold an election on |
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the uniform election date in May 2008 to confirm the creation of the |
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district and to elect the initial directors of the district. |
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(b) The temporary directors shall have placed on the ballot |
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the name of any candidate who files for an initial director's |
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position and blank spaces to write in the names of other persons. A |
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temporary director who is eligible to be a candidate under Section |
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8822.052 may file for an initial director's position. |
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(c) Except as provided by this chapter, an election under |
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this section must be conducted as provided by Sections |
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36.017(b)-(g) and (i) and 36.059, Water Code, and the Election |
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Code. Sections 36.017(a) and (h), Water Code, do not apply to an |
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election under this section. |
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(d) If a majority of the votes cast at the election are not |
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in favor of creation of the district, the elected directors shall |
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take office as temporary directors and may hold a subsequent |
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confirmation election on the uniform election date in May 2010 or |
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2012. |
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Sec. 8822.024. INITIAL DIRECTORS. (a) If creation of the |
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district is confirmed at an election held under Section 8822.023, |
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the elected directors shall take office as initial directors of the |
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district and serve on the board of directors until permanent |
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directors are elected under Section 8822.025 or 8822.053. |
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(b) The initial director representing each of the four |
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commissioners precincts shall draw lots to determine which two |
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directors shall serve a term expiring June 1 following the first |
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regularly scheduled election of directors under Section 8822.025, |
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and which two directors shall serve a term expiring June 1 following |
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the second regularly scheduled election of directors. The at-large |
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director shall serve a term expiring June 1 following the second |
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regularly scheduled election of directors. |
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Sec. 8822.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On |
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the uniform election date prescribed by Section 41.001, Election |
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Code, in May of the first even-numbered year after the year in which |
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the district is authorized to be created at a confirmation |
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election, an election shall be held in the district for the election |
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of two directors to replace the initial directors who, under |
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Section 8822.024(b), serve a term expiring June 1 following that |
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election. |
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Sec. 8822.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires May 31, 2012. |
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[Sections 8822.027-8822.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8822.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms, with two or |
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three directors' terms expiring June 1 of each even-numbered year. |
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(c) A director may serve consecutive terms. |
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Sec. 8822.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS |
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PRECINCTS. (a) The directors of the district shall be elected |
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according to the commissioners precinct method as provided by this |
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section. |
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(b) One director shall be elected by the voters of the |
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entire district, and one director shall be elected from each county |
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commissioners precinct by the voters of that precinct. |
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(c) Except as provided by Subsection (e), to be eligible to |
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be a candidate for or to serve as director at large, a person must be |
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a registered voter in the district. To be a candidate for or to |
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serve as director from a county commissioners precinct, a person |
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must be a registered voter of that precinct. |
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(d) A person shall indicate on the application for a place |
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on the ballot: |
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(1) the precinct that the person seeks to represent; |
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or |
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(2) that the person seeks to represent the district at |
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large. |
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(e) When the boundaries of the county commissioners |
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precincts are redrawn after each federal decennial census to |
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reflect population changes, a director in office on the effective |
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date of the change, or a director elected or appointed before the |
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effective date of the change whose term of office begins on or after |
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the effective date of the change, shall serve in the precinct to |
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which elected or appointed even though the change in boundaries |
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places the person's residence outside the precinct for which the |
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person was elected or appointed. |
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Sec. 8822.053. ELECTION DATE. The district shall hold an |
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election to elect the appropriate number of directors on the |
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uniform election date prescribed by Section 41.001, Election Code, |
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in May of each even-numbered year. |
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[Sections 8822.054-8822.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8822.101. GENERAL POWERS. Except as otherwise |
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provided by this chapter, the district has all of the rights, |
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powers, privileges, functions, and duties provided by the general |
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law of this state applicable to groundwater conservation districts |
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created under Section 59, Article XVI, Texas Constitution. |
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[Sections 8822.102-8822.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8822.151. LIMITATION ON TAXES. The district may not |
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impose ad valorem taxes at a rate that exceeds five cents on each |
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$100 of assessed valuation of taxable property in the district. |
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SECTION 2. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor has submitted the notice and Act to the |
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Texas Commission on Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |