|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the creation of an east San Antonio economic |
|
development district to be known as the Eastside Improvement |
|
District No. 1; providing authority to impose an assessment and |
|
issue bonds. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. PURPOSE OF ECONOMIC DEVELOPMENT DISTRICT IN EAST |
|
SAN ANTONIO. (a) The Eastside Improvement District No. 1 is |
|
authorized to be created to help the community redevelop areas that |
|
are: |
|
(1) physically or economically deteriorated; |
|
(2) unsafe; or |
|
(3) poorly planned. |
|
(b) The creation of the district is a tool to be used in |
|
blighted areas to: |
|
(1) implement capital projects such as street and |
|
landscaping improvements; |
|
(2) provide incentives for private investments and job |
|
creation; and |
|
(3) assist in the development of residential areas, |
|
parks, and open spaces. |
|
SECTION 2. EASTSIDE IMPROVEMENT DISTRICT NO. 1. Subtitle |
|
C, Title 4, Special District Local Laws Code, is amended by adding |
|
Chapter 3845 to read as follows: |
|
CHAPTER 3845. EASTSIDE IMPROVEMENT DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 3845.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "City" means the City of San Antonio. |
|
(3) "District" means the Eastside Improvement |
|
District No. 1. |
|
Sec. 3845.002. CREATION BY CITY; NATURE OF DISTRICT. The |
|
city by ordinance or resolution may create a special district under |
|
Section 59, Article XVI, Texas Constitution, to be known as the |
|
Eastside Improvement District No. 1. |
|
Sec. 3845.003. PURPOSE; DECLARATION OF INTENT. (a) The |
|
creation of the district is essential to accomplish the purposes of |
|
Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
|
Texas Constitution, and other public purposes stated in this |
|
chapter. By authorizing the creation of the district and in |
|
authorizing Bexar County, the city, and other political |
|
subdivisions to contract with the district, the legislature has |
|
established a program to accomplish the public purposes set out in |
|
Section 52-a, Article III, Texas Constitution. |
|
(b) The creation of the district is necessary to promote, |
|
develop, encourage, and maintain employment, commerce, |
|
transportation, housing, tourism, recreation, the arts, |
|
entertainment, economic development, safety, and the public |
|
welfare in the east area of the city. |
|
(c) This chapter and the creation of the district may not be |
|
interpreted to relieve Bexar County or the city from providing the |
|
level of services provided as of the effective date of the |
|
district's creation by the city to the area in the district or to |
|
release the county or the city from the obligations of each entity |
|
to provide services to that area. The district is authorized to be |
|
created to supplement and not to supplant the county or city |
|
services provided in the district's territory. |
|
Sec. 3845.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the improvements and services to be provided by |
|
the district under powers conferred by Sections 52 and 52-a, |
|
Article III, and Section 59, Article XVI, Texas Constitution, and |
|
other powers granted under this chapter. |
|
(c) Each improvement project or service authorized by this |
|
chapter is essential to carry out a public purpose. |
|
(d) The creation of the district is in the public interest |
|
and is essential to: |
|
(1) further the public purposes of developing and |
|
diversifying the economy of the state; |
|
(2) eliminate unemployment and underemployment; and |
|
(3) develop or expand transportation and commerce. |
|
(e) The district will: |
|
(1) promote the health, safety, and general welfare of |
|
residents, employers, employees, visitors, and consumers in the |
|
district, and of the public; |
|
(2) provide money to preserve, maintain, and enhance |
|
the economic health and vitality of the district as a community and |
|
business center; |
|
(3) promote the health, safety, welfare, and enjoyment |
|
of the public by providing public art and pedestrian ways and by |
|
landscaping and developing certain areas in the district, which are |
|
necessary for the restoration, preservation, and enhancement of |
|
scenic beauty; and |
|
(4) promote and benefit commercial development and |
|
commercial areas in the district. |
|
(f) Pedestrian ways along or across a street, whether at |
|
grade or above or below the surface, and street lighting, street |
|
landscaping, and street art objects are parts of and necessary |
|
components of a street and are considered to be a street or road |
|
improvement. |
|
(g) The district will not act as the agent or |
|
instrumentality of any private interest even though the district |
|
will benefit many private interests as well as the public. |
|
Sec. 3845.005. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3 of the Act enacting |
|
this chapter, as that territory may have been modified under |
|
Section 3845.106. |
|
(b) The boundaries and field notes of the district contained |
|
in Section 3 of the Act enacting this chapter form a closure. A |
|
mistake in the field notes or in copying the field notes in the |
|
legislative process does not in any way affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond, |
|
including a refunding bond, for a purpose for which the district is |
|
created or to pay the principal of and interest on the bond; |
|
(3) the district's right to impose an assessment; or |
|
(4) the legality or operation of the district or the |
|
board. |
|
Sec. 3845.006. APPLICABILITY OF MUNICIPAL MANAGEMENT |
|
DISTRICTS LAW. Except as otherwise provided by this chapter, |
|
Chapter 375, Local Government Code, applies to the district, the |
|
board, and district employees. |
|
Sec. 3845.007. LIBERAL CONSTRUCTION OF CHAPTER. This |
|
chapter shall be liberally construed in conformity with the |
|
findings and purposes stated in this chapter. |
|
[Sections 3845.008-3845.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 3845.051. COMPOSITION; TERMS. (a) The district is |
|
governed by a board of 15 voting directors who serve staggered terms |
|
of four years, with 7 or 8 directors' terms expiring each |
|
even-numbered anniversary of the district's creation. |
|
(b) The board by resolution may increase or decrease the |
|
number of voting directors on the board, but only if: |
|
(1) it is in the best interest of the district to do |
|
so; and |
|
(2) the city consents to the increase or decrease by |
|
ordinance. |
|
(c) The board may not: |
|
(1) increase the number of voting directors to more |
|
than 30; or |
|
(2) decrease the number of voting directors to fewer |
|
than 9. |
|
Sec. 3845.052. APPOINTMENT OF DIRECTORS. The governing |
|
body of the city shall appoint voting directors from among persons |
|
who apply to the city for appointment and persons recommended by the |
|
board. To be eligible for appointment, a person must meet the |
|
qualifications prescribed by Subchapter D, Chapter 375, Local |
|
Government Code. |
|
Sec. 3845.053. NONVOTING DIRECTORS. (a) The board may |
|
appoint the following persons to serve as nonvoting directors: |
|
(1) the directors of the parks and recreation, |
|
planning and community development, and public works departments of |
|
the city; |
|
(2) the chief of police of the city; |
|
(3) the general manager of the VIA Metropolitan |
|
Transit Authority; |
|
(4) the president of any institution of higher |
|
learning located in the district; or |
|
(5) the presiding officer of a nonprofit corporation |
|
actively involved in activities in the east area of the city. |
|
(b) If a department described by Subsection (a) is |
|
consolidated, renamed, or changed, the board may appoint a director |
|
of the consolidated, renamed, or changed department as a nonvoting |
|
director. If a department described by Subsection (a) is |
|
abolished, the board may appoint as a director a representative of |
|
another department of the city that performs duties comparable to |
|
those performed by the abolished department. |
|
Sec. 3845.054. QUORUM. Nonvoting directors are not counted |
|
for purposes of determining whether a quorum is present. |
|
Sec. 3845.055. VACANCY. A vacancy on the board is filled |
|
for the remainder of the unexpired term in the same manner as the |
|
original appointment. |
|
Sec. 3845.056. CONFLICTS OF INTEREST. (a) Except as |
|
provided by this section: |
|
(1) a director may participate in all board votes and |
|
decisions; and |
|
(2) Chapter 171, Local Government Code, governs |
|
conflicts of interest of directors. |
|
(b) Section 171.004, Local Government Code, does not apply |
|
to the district. A director who has a substantial interest in a |
|
business or charitable entity that will receive a pecuniary benefit |
|
from a board action shall file an affidavit with the board secretary |
|
declaring the interest. |
|
(c) Another affidavit is required if the director's |
|
interest changes. |
|
(d) After the affidavit is filed, the director may |
|
participate in a discussion or vote on that action if: |
|
(1) a majority of the directors have a similar |
|
interest in the same entity; or |
|
(2) all other similar business or charitable entities |
|
in the district will receive a similar pecuniary benefit. |
|
(e) A director who is also an officer or employee of a public |
|
entity may not participate in a discussion of or vote on a matter |
|
regarding a contract with that same public entity. |
|
(f) For purposes of this section, a director has a |
|
substantial interest in a charitable entity in the same manner that |
|
a person would have a substantial interest in a business entity |
|
under Section 171.002, Local Government Code. |
|
(g) The ethics code adopted by the city applies to a |
|
director. If there is a conflict between this chapter and the |
|
city's ethics code, the city's ethics code prevails. |
|
Sec. 3845.057. INITIAL VOTING DIRECTORS. (a) Not later |
|
than 180 days after the district's creation date, the governing |
|
body of the city shall by ordinance appoint the initial 15 voting |
|
directors by position. |
|
(b) Of the initial voting directors, the terms of directors |
|
appointed for positions 1 through 8 expire on the second |
|
anniversary of the district's creation date, and the terms of |
|
directors appointed for positions 9 through 15 expire on the fourth |
|
anniversary of the district's creation date. |
|
(c) Section 3845.052 does not apply to this section. |
|
(d) This section expires September 1, 2012. |
|
[Sections 3845.058-3845.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 3845.101. GENERAL DISTRICT POWERS. The city by |
|
ordinance may grant the district any power necessary to accomplish |
|
the purposes for which the district was created. |
|
Sec. 3845.102. ADDITIONAL DISTRICT POWERS. The city by |
|
ordinance may grant the district: |
|
(1) any power given to a corporation under Section 4B, |
|
the Development Corporation Act of 1979 (Article 5190.6, Vernon's |
|
Texas Civil Statutes), and the power to own, operate, acquire, |
|
construct, lease, improve, and maintain projects; and |
|
(2) any power given to a housing finance corporation |
|
created under Chapter 394, Local Government Code, to provide |
|
housing or residential development projects in the district. |
|
Sec. 3845.103. NONPROFIT CORPORATION. (a) The board by |
|
resolution may authorize the creation of a nonprofit corporation to |
|
assist and act for the district in implementing a project or |
|
providing a service authorized by this chapter. |
|
(b) The creation of the nonprofit corporation is subject to |
|
the city's consent to its creation by ordinance. The ordinance may |
|
contain any conditions on its consent related to the creation of, |
|
powers of, or appointment of directors for, the corporation. |
|
(c) The nonprofit corporation, subject to the ordinance: |
|
(1) has each power of and is considered for purposes of |
|
this chapter to be a local government corporation created under |
|
Chapter 431, Transportation Code; and |
|
(2) may be authorized to implement any project and |
|
provide any service authorized by this chapter. |
|
(d) The board, subject to the ordinance, shall appoint the |
|
board of directors of the nonprofit corporation. The board of |
|
directors of the nonprofit corporation shall serve in the same |
|
manner as, for the same term as, and on the conditions of the board |
|
of directors of a local government corporation created under |
|
Chapter 431, Transportation Code. |
|
Sec. 3845.104. CONTRACTS; GRANTS; DONATIONS. (a) Bexar |
|
County, the city, or another political subdivision of this state, |
|
without further authorization, may contract with the district to |
|
implement a project of the district or assist the district in |
|
providing a service authorized under this chapter. A contract |
|
under this subsection may: |
|
(1) be for a period on which the parties agree; |
|
(2) include terms on which the parties agree; |
|
(3) be payable from taxes or any other source of |
|
revenue that may be available for that project or service; or |
|
(4) provide terms under which other revenue collected |
|
at a district project or from a person using or purchasing a |
|
commodity or service at a district project may be paid to the |
|
district. |
|
(b) The district may enter into a contract, lease, or other |
|
agreement with or make or accept a grant or loan to or from, or |
|
accept donations from, any person, including: |
|
(1) the United States; |
|
(2) this state or a state agency; |
|
(3) any political subdivision of this state; or |
|
(4) a public or private corporation, including a |
|
nonprofit corporation created by the board under this subchapter. |
|
(c) The district may perform all acts necessary for the full |
|
exercise of the powers vested in the district on terms and for the |
|
period the board determines advisable. |
|
(d) The implementation of a project is a governmental |
|
function or service for purposes of Chapter 791, Government Code. |
|
Sec. 3845.105. COMPETITIVE BIDDING. Section 375.221, |
|
Local Government Code, does not apply to a district contract for |
|
$25,000 or less. |
|
Sec. 3845.106. ANNEXATION OR DISANNEXATION. (a) The board |
|
by resolution may annex or disannex territory in the same manner as |
|
a defense adjustment management authority under Section 375.3085, |
|
Local Government Code. |
|
(b) Subchapter J, Chapter 49, Water Code, does not apply to |
|
the district. |
|
Sec. 3845.107. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
[Sections 3845.108-3845.150 reserved for expansion] |
|
SUBCHAPTER D. PUBLIC PARKING FACILITIES |
|
Sec. 3845.151. PARKING FACILITIES AUTHORIZED. To the |
|
extent authorized by a city ordinance, city parking facilities |
|
contract, or city bond covenant, the district may acquire, lease as |
|
lessor or lessee, construct, develop, own, operate, and maintain |
|
parking facilities, including: |
|
(1) lots, garages, parking terminals, or other |
|
structures or accommodations for the parking of motor vehicles; and |
|
(2) equipment, entrances, exits, fencing, and other |
|
accessories necessary for safety and convenience in the parking of |
|
vehicles. |
|
Sec. 3845.152. RULES. The district may adopt rules |
|
covering its public parking facilities except that a rule relating |
|
to or affecting the use of the public right-of-way or a requirement |
|
for off-street parking is subject to all applicable municipal |
|
charter, code, or ordinance requirements. |
|
Sec. 3845.153. FINANCING OF PUBLIC PARKING FACILITIES. (a) |
|
The district may use any of its resources, including revenue, |
|
assessments, and grant or contract proceeds, to pay the cost of |
|
acquiring and operating public parking facilities. |
|
(b) The district may set and impose fees or charges for the |
|
use of the public parking facilities and may issue bonds or notes to |
|
finance the cost of these facilities. |
|
[Sections 3845.154-3845.200 reserved for expansion] |
|
SUBCHAPTER E. FINANCIAL PROVISIONS |
|
Sec. 3845.201. PETITION REQUIRED FOR FINANCING SERVICES AND |
|
IMPROVEMENTS. (a) The board may not finance a service or an |
|
improvement project under this chapter unless a written petition is |
|
filed with the board requesting: |
|
(1) that service or improvement; and |
|
(2) that an assessment be imposed to finance the |
|
service or improvement. |
|
(b) The petition must be signed by: |
|
(1) the owners of a majority of the assessed value of |
|
real property in the district according to the most recent |
|
certified tax appraisal roll for Bexar County; or |
|
(2) at least 50 owners of land in the district, if more |
|
than 50 persons own property in the district according to the most |
|
recent certified tax appraisal roll for Bexar County. |
|
Sec. 3845.202. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
|
board by resolution shall establish the number of directors' |
|
signatures and the procedure required for a disbursement or |
|
transfer of the district's money. |
|
Sec. 3845.203. AUTHORITY TO IMPOSE ASSESSMENTS. The |
|
district may impose an assessment as provided by Chapter 375, Local |
|
Government Code, to provide an improvement or service for a project |
|
or activity the district may acquire, construct, improve, or |
|
provide under this chapter. |
|
Sec. 3845.204. ASSESSMENT IN PART OF DISTRICT. An |
|
assessment may be imposed on only a part of the district if only |
|
that part will benefit from the service or improvement. |
|
Sec. 3845.205. LIENS FOR ASSESSMENTS. (a) An assessment or |
|
reassessment, interest on an assessment or reassessment, an expense |
|
of collection, and reasonable attorney's fees incurred by the |
|
district: |
|
(1) are a first and prior lien against the property |
|
assessed; |
|
(2) are superior to any other lien or claim other than |
|
a lien or claim for county, school district, or municipal ad valorem |
|
taxes; and |
|
(3) are the personal liability of and a charge against |
|
the owners of the property even if the owners are not named in the |
|
assessment proceedings. |
|
(b) The lien is effective from the date of the board's |
|
resolution imposing the assessment until the date the assessment is |
|
paid. The board may enforce the lien in the same manner that the |
|
city may enforce an ad valorem tax lien against real property. |
|
Sec. 3845.206. SUITS TO RECOVER ASSESSMENTS. (a) An |
|
assessment imposed on property under this chapter is a personal |
|
obligation of the person who owns the property on January 1 of the |
|
year for which the assessment is imposed. If the person transfers |
|
title to the property, the person is not relieved of the obligation. |
|
(b) Not later than the fourth anniversary of the date on |
|
which a delinquent assessment became due, the district may file |
|
suit to foreclose the lien or to enforce the obligation for the |
|
assessment, or both, and for any interest accrued. |
|
(c) In addition to recovering the amount of the assessment |
|
and any accrued interest, the district may recover reasonable |
|
costs, including attorney's fees, that the district incurs in |
|
foreclosing the lien or enforcing the obligation. The costs may not |
|
exceed an amount equal to 20 percent of the assessment and interest. |
|
(d) If the district does not file a suit in connection with a |
|
delinquent assessment on or before the last date on which the |
|
district may file suit under Subsection (b), the assessment and any |
|
interest accrued is considered paid. |
|
Sec. 3845.207. ASSESSMENT OF GOVERNMENTAL ENTITIES AND |
|
NONPROFITS. (a) Except as provided by this section, the district |
|
may not impose an assessment on: |
|
(1) a governmental entity, including a municipality, |
|
county, or other political subdivision; or |
|
(2) an organization exempt from taxation under Section |
|
501(a), Internal Revenue Code of 1986 (26 U.S.C. Section 501(a)), |
|
as an organization described by Section 501(c)(3) of that code. |
|
(b) An entity or organization described by Subsection (a) |
|
may contract with a district to pay assessments under terms the |
|
district and the entity or organization consider advisable, |
|
including a term that requires apportionment of the assessment in |
|
the manner provided by Section 372.015, Local Government Code. |
|
Sec. 3845.208. CERTAIN RESIDENTIAL AND UTILITY PROPERTY |
|
EXEMPT FROM ASSESSMENTS. (a) The district may not impose an |
|
assessment on a single-family detached residence or a residential |
|
duplex, triplex, or fourplex. |
|
(b) The district may not impose an assessment on the |
|
property, equipment, or facilities of a person who provides to the |
|
public cable television, gas, light, power, telephone, sewage, or |
|
water service. |
|
Sec. 3845.209. DEBT; APPROVAL BY CITY. (a) The district |
|
may issue bonds, notes, or other debt obligations in accordance |
|
with Subchapters I and J, Chapter 375, Local Government Code, for a |
|
purpose specified by that chapter or as required to exercise a power |
|
or function or to accomplish a purpose or duty for which the |
|
district was created. |
|
(b) In exercising the district's borrowing power, the |
|
district may issue a bond or other obligation in the form of a bond, |
|
note, certificate of participation or other instrument evidencing a |
|
proportionate interest in payments to be made by the district, or |
|
other type of obligation. |
|
(c) The district must obtain the approval of the city: |
|
(1) for the issuance of any bonds; |
|
(2) of the plans and specifications of the improvement |
|
project to be financed by the bonds; and |
|
(3) of the plans and specifications of a district |
|
improvement project related to: |
|
(A) the use of land owned by the city; |
|
(B) an easement granted by the city; or |
|
(C) a right-of-way of a street, road, or highway. |
|
(d) If the district obtains the approval of the city of a |
|
capital improvements budget for a specified period not to exceed |
|
five years, the district may finance the capital improvements and |
|
issue bonds specified in the budget subject to further approval |
|
from the city. |
|
Sec. 3845.210. SPENDING ON PROJECTS OUTSIDE THE DISTRICT |
|
PROHIBITED. The district may not spend money for a project outside |
|
the district. |
|
Sec. 3845.211. NO AD VALOREM TAX OR IMPACT FEE. The |
|
district may not impose an ad valorem tax or impact fee. |
|
Sec. 3845.212. USE OF ELECTRICAL OR OPTICAL LINES. (a) The |
|
district may impose an assessment to pay the cost of: |
|
(1) burying or removing electrical power lines, |
|
telephone lines, cable or fiber optic lines, or any other type of |
|
electrical or optical line; |
|
(2) removing poles and any elevated lines using the |
|
poles; and |
|
(3) reconnecting the lines described by Subdivision |
|
(2) to the buildings or other improvements to which the lines were |
|
connected. |
|
(b) The district may negotiate a license agreement with the |
|
city to use a municipal right-of-way to acquire and operate |
|
district conduits. |
|
(c) Subject to the city's approval, the district may charge |
|
fees for another person's: |
|
(1) telecommunications network; |
|
(2) fiber-optic cable; |
|
(3) data transmission line; or |
|
(4) any other type of communications transmission line |
|
or supporting facility. |
|
(d) The district may not require a person to use a district |
|
conduit. This subsection does not diminish or disturb the rights |
|
and obligations of an electric utility or a telephone or telegraph |
|
corporation under Sections 181.042 and 181.082, Utilities Code. |
|
[Sections 3845.213-3845.250 reserved for expansion] |
|
SUBCHAPTER F. DISSOLUTION |
|
Sec. 3845.251. DISSOLUTION BY BOARD; CITY CONSENT REQUIRED. |
|
(a) The board may dissolve the district regardless of whether the |
|
district has debt. Section 375.264, Local Government Code, does |
|
not apply to the district. |
|
(b) If the district has debt when it is dissolved, the |
|
district shall remain in existence solely for the purpose of |
|
discharging its debts. The dissolution is effective when all debts |
|
have been discharged. |
|
(c) The district may not be dissolved unless the governing |
|
body of the city consents to the dissolution. |
|
Sec. 3845.252. DISSOLUTION OF DISTRICT BY CITY. (a) The |
|
city's governing body may dissolve the district. |
|
(b) Before dissolution, the city shall publish notice and |
|
hold public hearings on the proposed dissolution under Section |
|
375.305, Local Government Code, in the same manner as a |
|
municipality creating a defense adjustment management authority |
|
under Subchapter O, Chapter 375, Local Government Code. |
|
(c) On dissolution of the district under this section, the |
|
city assumes all district assets, debts, and other obligations. |
|
(d) Section 375.263, Local Government Code, does not apply |
|
to the district. |
|
SECTION 3. BOUNDARIES. As of the effective date of this |
|
Act, the Eastside Improvement District No. 1 includes all territory |
|
contained in the following described area: |
|
UNLESS otherwise specified, the boundaries of this district will |
|
travel along the centerline of each street included, and each |
|
intersection will be the intersection of the centerlines of the |
|
streets mentioned. |
|
Beginning at the juncture of East Commerce Street and IH-37, |
|
continuing in a northerly direction to the juncture of IH-37 with |
|
IH-35, and continuing in an east-northeasterly direction to the |
|
juncture of IH-35 with South New Braunfels Avenue, and proceeding |
|
south to a point at the juncture of South New Braunfels Avenue and |
|
East Commerce Street, and proceeding west to a point of closure at |
|
the juncture of East Commerce Street and IH-37. |
|
SECTION 4. LEGISLATIVE FINDINGS. The legislature finds |
|
that: |
|
(1) proper and legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished by |
|
the constitution and laws of this state; |
|
(2) the general law relating to consent by political |
|
subdivisions to the creation of districts with conservation, |
|
reclamation, and road powers and the inclusion of land in those |
|
districts has been complied with; and |
|
(3) all requirements of the constitution and laws of |
|
this state and the rules and procedures of the legislature with |
|
respect to the notice, introduction, and passage of this Act have |
|
been fulfilled and accomplished. |
|
SECTION 5. EFFECTIVE DATE. This Act takes effect |
|
immediately if it receives a vote of two-thirds of all the members |
|
elected to each house, as provided by Section 39, Article III, Texas |
|
Constitution. If this Act does not receive the vote necessary for |
|
immediate effect, this Act takes effect September 1, 2007. |
|
|
|
* * * * * |