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A BILL TO BE ENTITLED
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AN ACT
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relating to the Plum Creek Conservation District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 126, Acts of the 55th Legislature, |
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Regular Session, 1957, is amended by adding Sections 10A, 10B, and |
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10C to read as follows: |
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Sec. 10A. AMENDMENTS TO LAW GOVERNING DISTRICT BOUNDARIES, |
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BOARD OF DIRECTORS, POWERS, AND TAXATION. (a) Subsections (c), |
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(d), and (i) of this section are subject to ratification by the |
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voters of the district at an election held under Section 10B of this |
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Act. |
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(b) In this section and in Sections 10B and 10C of this Act: |
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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 Plum Creek Conservation |
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District. |
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(c) In addition to the portions of Caldwell and Hays |
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Counties included in the boundaries of the district on August 31, |
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2007, the boundaries of the district include all the remaining |
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territory in Caldwell County. |
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(d) The district is governed by a board of seven directors |
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elected or appointed as provided by Sections 10B(a) and 10C of this |
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Act. |
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(e) Not later than September 10, 2007, the commissioners |
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courts of Caldwell and Hays Counties shall appoint seven temporary |
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directors of the district as provided by Subsections (f) and (g) of |
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this section to serve terms that expire January 1, 2009. |
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(f) The Commissioners Court of Caldwell County shall |
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appoint five temporary directors as follows: |
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(1) one director to represent the entire part of the |
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county that is in the district as enlarged under Subsection (c) of |
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this section; and |
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(2) four directors, with each director representing |
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one of the four county commissioners precincts to the extent the |
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precinct is in the district as enlarged under Subsection (c) of this |
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section. |
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(g) The Commissioners Court of Hays County shall appoint two |
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temporary directors as follows: |
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(1) one director to represent the part of the district |
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that is in the city of Kyle; and |
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(2) one director to represent the part of the district |
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that is in Hays County but not in the city of Kyle. |
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(h) A temporary director must reside in the area the |
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director is appointed to represent. |
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(i) The district may not impose an ad valorem tax for flood |
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control purposes at a rate that exceeds $0.017 per $100 of valuation |
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of taxable property in the district. |
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Sec. 10B. RATIFICATION ELECTION. (a) The temporary |
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directors appointed under Section 10A(e) of this Act shall order an |
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election to be held in the district as enlarged by Section 10A(c) of |
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this Act on the uniform election date in November 2007 to ratify the |
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following proposition: |
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(1) the enlargement of the district as provided by |
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Section 10A(c) of this Act; |
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(2) the governance of the district by a board |
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consisting of seven directors, with six directors elected from |
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single-member voting districts as provided by Section 10C of this |
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Act and Subsection (e) of this section and one director appointed by |
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the Commissioners Court of Caldwell County; and |
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(3) the limitation on the rate of ad valorem taxation |
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for flood control purposes as provided by Section 10A(i) of this |
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Act. |
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(b) To take effect, the proposition described by Subsection |
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(a) of this section must be approved by a majority of the voters |
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voting at the election held by the district under that subsection. |
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(c) The ballot for the election under Subsection (a) of this |
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section must read as follows: |
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"By voting YES on this ballot, you are voting in favor of all |
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three of the following propositions with regard to the territory, |
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directors, and powers of the Plum Creek Conservation District: |
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"(1) the enlargement of the Plum Creek Conservation |
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District to include that part of Caldwell County not already in the |
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district; |
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"(2) the governance of the Plum Creek Conservation |
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District by a board consisting of seven directors, with six |
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directors elected from single-member voting districts and one |
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director appointed by the Commissioners Court of Caldwell County; |
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and |
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"(3) the limitation of the Plum Creek Conservation |
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District's rate of ad valorem taxation for flood control purposes |
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to a rate not to exceed $0.017 per $100 of valuation of taxable |
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property in the district. |
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"By voting NO on this ballot, you are voting against all three |
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of the propositions listed above." |
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(d) If a majority of the voters approve the ballot |
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proposition, the proposition is ratified and the boundaries of the |
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district are enlarged as provided by Section 10A(c) of this Act. A |
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copy of the metes and bounds description of the enlarged district |
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must be filed with the Texas Commission on Environmental Quality |
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and in the deed records of Caldwell and Hays Counties. The enlarged |
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boundaries supersede the description of the boundaries contained in |
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Section 3, Chapter 126, Acts of the 55th Legislature, Regular |
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Session, 1957. |
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(e) If a majority of the voters approve the ballot |
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proposition, the temporary board, in conjunction with the |
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Commissioners Court of Hays County, the Commissioners Court of |
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Caldwell County, the secretary of state, and the United States |
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Department of Justice, shall divide the district into six |
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single-member voting districts, with four single-member voting |
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districts in Caldwell County and two single-member voting districts |
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in Hays County. The boundaries of the single-member districts must |
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be established in time to apply to an election of directors on the |
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uniform election date in November 2008. |
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(f) If a majority of the voters approve the ballot |
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proposition, the limitation on the rate of ad valorem taxation for |
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flood control purposes as provided by Section 10A(i) of this Act |
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takes effect January 1, 2008. |
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(g) If a majority of the voters approve the ballot |
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proposition, each provision listed in Subsections (a)(1) through |
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(3) of this section supersedes Chapter 126, Acts of the 55th |
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Legislature, Regular Session, 1957, as that chapter existed before |
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the effective date of the Act enacting this section, to the extent |
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of any conflict or inconsistency. |
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Sec. 10C. ELECTION OF DIRECTORS. (a) This section is |
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effective only if a majority of the voters approve the ballot |
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proposition under Section 10B of this Act. |
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(b) At the general election in November 2008, the temporary |
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directors appointed under Section 10A of this Act shall place on the |
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ballot the name of each candidate filing for a position as a |
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director to represent one of the single-member districts |
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established under Section 10B(e) of this Act. |
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(c) The candidate who receives the largest number of votes |
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in each of the single-member districts is elected to the board. |
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(d) The directors elected under Subsection (c) of this |
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section shall draw lots to determine which: |
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(1) two of the directors elected from Caldwell County |
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serve until January 1, 2011; |
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(2) one of the directors elected from Hays County |
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serves until January 1, 2011; |
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(3) two of the directors elected from Caldwell County |
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serve until January 1, 2013; and |
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(4) one of the directors elected from Hays County |
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serves until January 1, 2013. |
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(e) The director appointed by the Caldwell County |
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Commissioners Court shall serve a term expiring January 1, 2013. |
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(f) Except for the initially elected directors, directors |
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serve staggered terms of four years, with the terms of three or four |
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directors expiring January 1 of each odd-numbered year. |
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(g) The appropriate number of directors shall be elected on |
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the uniform date for elections in November of each even-numbered |
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year. |
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(h) A director holding an elective position must reside in |
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the area the director is elected or appointed to represent. |
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(i) The board may revise the single-member districts as |
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necessary or appropriate. The board shall revise each |
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single-member district after each federal decennial census to |
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reflect population changes. When the boundaries of the |
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single-member districts are changed, a director in office on the |
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effective date of the change, or elected or appointed before the |
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effective date of the change to a term of office beginning on or |
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after the effective date of the change, is entitled to serve the |
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term or remainder of the term in the single-member district to which |
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elected or appointed even though the change in boundaries places |
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the person's residence outside the single-member district for which |
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the person was elected or appointed. |
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SECTION 2. The terms of the members of the Plum Creek |
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Conservation District board of directors serving on the effective |
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date of this Act expire when a majority of the temporary directors |
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appointed under Section 10A(e), Chapter 126, Acts of the 55th |
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Legislature, Regular Session, 1957, as added by this Act, have |
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qualified to serve. |
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SECTION 3. If the ballot proposition under Section 10B, |
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Chapter 126, Acts of the 55th Legislature, Regular Session, 1957, |
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as added by this Act, is not approved by a majority of the voters |
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voting in an election held for that purpose: |
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(1) notwithstanding Section 10A(e), Chapter 126, Acts |
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of the 55th Legislature, Regular Session, 1957, as added by this |
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Act, the temporary directors appointed under that section continue |
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to serve until the commissioners courts of Hays and Caldwell |
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Counties appoint six directors in the manner provided by Section 4, |
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Chapter 126, Acts of the 55th Legislature, Regular Session, 1957; |
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(2) Sections 10A(c), (d), and (i), Chapter 126, Acts |
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of the 55th Legislature, Regular Session, 1957, as added by this |
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Act, do not take effect; and |
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(3) Sections 10A, 10B, and 10C, Chapter 126, Acts of |
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the 55th Legislature, Regular Session, 1957, as added by this Act, |
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expire September 1, 2009. |
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SECTION 4. (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, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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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, the |
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lieutenant governor, and the speaker of the house of |
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representatives 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 5. 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. |