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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 Comal County Special Improvement |
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District No. 1; providing authority to impose a tax and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. COMAL COUNTY SPECIAL IMPROVEMENT DISTRICT NO. 1. |
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Subtitle C, Title 4, Special District Local Laws Code, is amended by |
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adding Chapter 3855 to read as follows: |
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CHAPTER 3855. COMAL COUNTY SPECIAL IMPROVEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3855.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "County" means Comal County. |
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(3) "Director" means a board member. |
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(4) "District" means the Comal County Special |
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Improvement District No. 1. |
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Sec. 3855.002. NATURE OF DISTRICT. The district is a public |
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improvement district created under and essential to accomplish the |
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purposes of Sections 52 and 52-a, Article III, and Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 3855.003. COUNTY CONSENT; CONFIRMATION ELECTION |
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REQUIRED. (a) An election may not be held under this section |
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unless the commissioners court of the county adopts a resolution or |
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order consenting to the creation of the district. |
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(b) After consent by the county, the board shall hold an |
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election to confirm the creation of the district as provided by |
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Section 49.102, Water Code. |
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Sec. 3855.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All |
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land and other property in the district will benefit from the |
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improvements and services to be provided by the district. |
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Sec. 3855.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for a purpose for |
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which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3855.006. APPLICABILITY OF PUBLIC IMPROVEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Subchapter C, Chapter 372, Local Government Code, applies to the |
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district. |
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[Sections 3855.007-3855.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3855.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of seven directors appointed by the |
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commissioners court of the county. |
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(b) Directors serve staggered two-year terms, with three or |
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four directors' terms expiring June 1 of each year. |
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[Sections 3855.052-3855.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3855.101. PUBLIC IMPROVEMENT DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties applicable to public |
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improvement districts created under Subchapter C, Chapter 372, |
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Local Government Code, including the power to: |
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(1) impose an assessment, ad valorem tax, sales and |
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use tax, or hotel occupancy tax; |
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(2) issue bonds payable from any source of district |
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money; and |
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(3) make an economic development grant or loan. |
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Sec. 3855.102. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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[Sections 3855.103-3855.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 3855.151. GENERAL AUTHORITY TO USE DISTRICT MONEY FOR |
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DISTRICT PURPOSES. Using any money available to the district, the |
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district may accomplish any district purpose or pay the cost of any |
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service or improvement. |
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Sec. 3855.152. AUTHORITY TO IMPOSE ASSESSMENTS AND TAXES. |
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To accomplish any district purpose, the district may impose: |
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(1) an assessment; |
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(2) an ad valorem tax; |
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(3) a sales and use tax; or |
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(4) a hotel occupancy tax. |
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Sec. 3855.153. TAX AND BOND ELECTIONS REQUIRED. (a) The |
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district may not issue bonds or impose an ad valorem tax, sales and |
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use tax, or hotel occupancy tax unless the issuance or the tax is |
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approved by a majority of the district voters voting at an election |
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held for that purpose. |
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(b) The district shall hold the election in the manner |
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provided by Subchapter L, Chapter 375, Local Government Code. |
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(c) Section 375.243, Local Government Code, does not apply |
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to the district. |
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Sec. 3855.154. COUNTY AUTHORITY. An assessment, ad valorem |
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tax, sales and use tax, or hotel occupancy tax imposed under this |
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chapter is subject to any applicable approvals or rates set by the |
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county under Subchapter C, Chapter 372, Local Government Code. |
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[Sections 3855.155-3855.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 3855.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other |
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obligations payable wholly or partly from assessments, ad valorem |
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taxes, sales and use taxes, hotel occupancy taxes, fees, revenue, |
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grants, or other district money, or any combination of those |
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sources, to pay for any authorized district purpose. |
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(b) In addition to any other terms authorized by the board |
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by bond order or resolution, the proceeds of the district's bonds |
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may be used for a reserve fund, credit enhancement, or capitalized |
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interest for the bonds. |
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Sec. 3855.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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the time bonds or other obligations payable wholly or partly from ad |
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valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, without limit as to rate or amount, for each year |
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that all or part of the bonds are outstanding; and |
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(2) the district annually shall impose an ad valorem |
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tax on all taxable property in the district in an amount sufficient |
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to: |
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(A) pay the interest on the bonds or other |
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obligations as the interest becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds or other obligations when due or the |
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redemption price at any earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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SECTION 2. BOUNDARIES. The Comal County Special |
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Improvement District No. 1 initially includes all the territory |
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contained in the following area: |
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A 2,778.48 acre, or 121,030,782.22 square feet more or less |
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tract of land being a 2,309 acre tract, recorded in volume 7749, |
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Pages 1258-1264 of the Official Records of Bexar County, Texas, and |
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Document Number 9806026871 of the Official Records of Comal County, |
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Texas, a 238.16 acre tract recorded in Document 960620323 of the |
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Deed and Plat records of Comal County, Texas, a 60.02 acre tract |
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recorded in Volume 498, Pages 43-44 of the Deed Records of Comal |
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County, Texas, a 13.61 acre tract recorded in Volume 225, Pages |
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576-578 of the Deed Records of Comal County, Texas, and a 158.52 |
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acre tract Recorded in document number 200206041889 of The Official |
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Records of Comal County, Texas. Said 2,778.48 acre tract being more |
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fully described as follows: |
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BEGINNING: At a found 1/2" iron rod with a yellow cap marked |
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"Pape-Dawson" at a point on the south line of said 22.98 acre tract: |
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Along and with the south boundary of the 2,309 acre tract the |
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following calls and distances: |
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S 60°28'07"W, 60.38 feet to a point; |
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S 46°07'00"E, 23.20 feet to a point; |
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S 02°00'00"W, 80.00 feet to a point; |
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N 46°38'43"W, 94.61 feet to a point; |
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S 60°28'07"W, 138.87 feet to a point; |
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S 58°47'07"W, 373.76 feet to a point; |
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S 59°08'07"W, 416.37 feet to a point; |
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S 60°29'09"W, 562.70 feet to a point; |
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S 59°27'41"W, 860.15 feet to a point; |
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S 59°43'01"W, 259.34 feet to a point; |
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N 30°49'29"W, 1120.38 feet to a point; |
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N 82°28'44"W, 437.54 feet to a point; |
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S 59°46'45"W, 743.25 feet to a point; |
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S 59°14'57"W, 289.04 feet to a point; |
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S 59°32'41"W, 831.49 feet to a point; |
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N 64°19'38"W, 872.26 feet to a point; |
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S 40°32'35"W, 155.95 feet to a point; |
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N 63°33'54"W, 1278.48 feet to a point; |
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N 25°12'29"E, 127.61 feet to a point; |
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N 70°57'36"W, 330.73 feet to a point; |
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N 77°00'45"W, 1337.95 feet to a point; |
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S 25°02'24"W, 422.80 feet to a point; |
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N 73°14'34"W, 1265.26 feet to a point; |
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N 53°14'59"W, 1160.84 feet to a point; |
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N 75°53'36"W, 248.06 feet to a point; |
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N 15°58'08"E, 192.00 feet to a point; |
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N 51°45'49"E, 252.25 feet to a point; |
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N 18°54'16"W, 959.59 feet to a point; |
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N 76°11'05"W, 102.59 feet to a point; |
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N 25°53'06"W, 446.73 feet to a point; |
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N 01°22'17"W, 65.10 feet to a point; |
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N 29°25'16"W, 286.85 feet to a point; |
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N 59°34'05"W, 243.66 feet to a point; |
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N 63°37'50"W, 191.75 feet to a point; |
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N 63°37'50"W, 690.12 feet to a point; |
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S 67°53'01"W, 473.45 feet to a point; |
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S 66°20'43"W, 1416.93 feet to a point; |
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S 71°53'26"W, 454.78 feet to a point; |
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S 72°08'33"W, 676.12 feet to a point; |
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S 75°53'58"W, 653.41 feet to a point; |
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S 66°42'39"W, 518.52 feet to a point; |
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S 80°40'26"W, 656.77 feet to a point; |
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N 63°26'07"W, 133.24 feet to a point; |
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N 46°06'49"W, 150.73 feet to a point; |
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N 10°39'14"W, 1731.66 feet to a point; |
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N 10°27'45"W, 2326.40 feet to a point; |
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N 63°37'51"W, 312.20 feet to a point; |
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N 16°27'56"W, 210.58 feet to a point; |
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N 54°58'26"E, 133.71 feet to a point; |
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S 56°04'00"E, 689.85 feet to a point; |
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S 83°19'36"E, 1275.97 feet to a point; |
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N 43°22'18"E, 5207.85 feet to a point; |
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S 36°32'42"E, 748.05 feet to a point; |
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S 37°09'11"E, 1161.91 feet to a point; |
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S 63°43'03"E, 531.36 feet to a point; |
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N 70°07'57"E, 16.01 feet to a point; |
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S 43°36'38"E, 496.77 feet to a point; |
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S 61°25'53"E, 544.06 feet to a point; |
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N 77°01'45"E, 519.29 feet to a point; |
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S 61°01'36"E, 373.68 feet to a point; |
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S 55°29'01"E, 270.38 feet to a point; |
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S 52°02'55"E, 469.37 feet to a point; |
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S 80°21'11"E, 206.49 feet to a point; |
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N 47°57'38"E, 271.60 feet to a point; |
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S 86°21'39"E, 146.74 feet to a point; |
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S 85°24'53"E, 761.23 feet to a point; |
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N 72°33'56"E, 1018.52 feet to a point; |
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N 61°45'35"E, 120.88 feet to a point; |
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N 69°36'58"E, 85.85 feet to a point; |
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N 73°21'56"E, 94.77 feet to a point; |
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N 72°17'08"E, 221.18 feet to a point; |
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N 73°50'53"E, 231.16 feet to a point; |
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Departing the boundary of the 2309 acre tract, along and with |
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the boundary of the 158.52 acre tract the following calls and |
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distances: |
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N 16°04'10"E, 1079.49 feet to a point; |
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N 54°41'58"E, 485.59 feet to a point; |
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S 83°28'10"E, 855.02 feet to a point; |
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Along the arc of a curve to the left, said curve having a |
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radial bearing of N 06°31'50" E, a radius of 1500.00 feet, a central |
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angle of 57°26'15", a chord bearing and distance of N 67°48'43" E, |
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1441.53 feet, and an arc length of 1503.71 feet to a point; |
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N 39°05'36"E, 1343.51 feet to a point; |
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N 12°41'56"E, 419.43 feet to a point; |
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Along the arc of a curve to the right, said curve having a |
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radial bearing of S 77°18'04" E, a radius of 120.00 feet, a central |
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angle of 23°48'02", a chord bearing and distance of N 24°35'57" E, |
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49.49 feet, and an arc length of 49.85 feet to a point; |
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N 36°29'59"E, 323.46 feet to a point; |
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Along the arc of a curve to the right, said curve having a |
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radial bearing of S 53°30'01" E, a radius of 300.00 feet, a central |
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angle of 15°09'34", a chord bearing and distance of N 44°04'46" E, |
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79.14 feet, and an arc length of 79.37 feet to a point; |
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N 51°39'32"E, 110.32 feet to a point; |
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S 38°20'28"E, 174.45 feet to a point; |
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S 47°13'35"W, 471.00 feet to a point; |
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S 38°10'19"E, 464.93 feet to a point; |
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S 38°28'33"E, 461.96 feet to a point; |
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S 38°28'33"E, 463.39 feet to a point; |
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S 47°24'11"W, 501.16 feet to a point; |
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S 47°04'05"W, 203.72 feet to a point; |
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S 47°18'22"W, 3538.71 feet to a point; |
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Departing the boundary of the 158.52 acre tract, along and |
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with the boundary of the 2309 acre tract the following calls and |
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distances: |
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S 50°03'27"E, 0.47 feet to a point; |
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S 49°55'40"E, 331.03 feet to a point; |
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S 49°55'41"E, 443.71 feet to a point; |
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S 49°46'53"E, 464.02 feet to a point; |
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S 46°48'33"E, 188.62 feet to a point; |
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S 21°19'51"E, 389.91 feet to a point; |
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S 21°00'34"E, 1117.02 feet to a point; |
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S 21°00'34"E, 265.93 feet to a point; |
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S 38°03'36"E, 106.05 feet to a point; |
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S 38°03'36"E, 248.32 feet to a point; |
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S 47°09'40"E, 479.88 feet to a point; |
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S 35°26'37"E, 600.02 feet to a point; |
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S 40°32'06"E, 62.93 feet to a point; |
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Departing the boundary of the 2309 acre tract, along and with |
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the boundary of the 238.16 acre tract the following calls and |
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distances: |
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N 55°23'28"E, 15.40 feet to a point; |
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N 55°29'52"E, 830.03 feet to a point; |
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N 55°27'16"E, 182.42 feet to a point; |
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N 07°48'23"W, 899.28 feet to a point; |
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N 07°27'51"W, 353.13 feet to a point; |
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N 07°42'21"W, 1184.57 feet to a point; |
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N 07°31'40"W, 1390.98 feet to a point; |
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N 43°38'53"E, 1933.83 feet to a point; |
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N 45°50'37"E, 15.10 feet to a point; |
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S 38°26'29"E, 1452.33 feet to a point; |
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Departing the boundary of the 238.16 acre tract, along and |
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with the boundaries of the 13.61 acre and 60.02 acre tracts the |
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following calls and distances: |
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S 38°10'13"E, 742.06 feet to a point; |
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Along the arc of a curve to the right, said curve having a |
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radial bearing of S 51°49'39" W, a radius of 1850.08 feet, a central |
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angle of 26°44'22", a chord bearing and distance of S 24°48'10" E, |
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855.61 feet, and an arc length of 863.42 feet to a point; |
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S 11°25'51"E, 188.51 feet to a point; |
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S 74°07'56"W, 621.29 feet to a point; |
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S 50°13'10"W, 1219.38 feet to a point; |
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Departing the boundaries of the 13.61 acre and 60.02 acre |
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tracts, along and with the boundary of the 2309 acre tract 238.16 |
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acre tract the following calls and distances: |
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S 37°30'12"E, 500.00 feet to a point; |
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S 37°55'31"E, 394.11 feet to a point; |
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S 02°43'30"E, 534.84 feet to a point; |
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S 02°07'30"E, 100.32 feet to a point; |
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S 61°42'23"W, 1037.62 feet to a point; |
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S 18°33'04"E, 268.17 feet to a point; |
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N 61°59'56"E, 389.84 feet to a point; |
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S 36°38'15"E, 310.76 feet to a point; |
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S 00°24'01"E, 74.14 feet to a point; |
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S 35°13'27"E, 39.88 feet to a point; |
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N 47°41'25"E, 497.91 feet to a point; |
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N 40°26'55"E, 189.89 feet to a point; |
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N 44°26'42"E, 146.59 feet to a point; |
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S 48°33'03"E, 281.38 feet to a point; |
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S 58°46'20"W, 888.30 feet to a point; |
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S 40°44'49"W, 24.21 feet to a point; |
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S 39°56'14"W, 534.12 feet to a point; |
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S 31°05'36"W, 1061.63 feet to a point; |
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S 54°56'28"W, 331.28 feet to a point; |
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S 28°07'22"E, 281.19 feet to a point; |
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S 31°41'52"E, 824.01 feet to a point; |
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S 35°35'38"E, 176.86 feet to the point of beginning. |
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CONTAINING: 2,778.48 acres (121,030,782.22 sq. ft.) |
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SECTION 3. LEGISLATIVE FINDINGS. The legislature finds |
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that: |
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(1) proper and 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 by |
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the constitution and laws of this state, including the governor, |
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who has submitted the notice and Act to the Texas Commission on |
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Environmental Quality; |
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(2) the Texas Commission on Environmental Quality has |
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filed 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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(3) the general law relating to consent by political |
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subdivisions to the creation of districts with conservation, |
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reclamation, and road powers and the inclusion of land in those |
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districts has been complied with; and |
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(4) all requirements of the constitution and laws of |
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this state and the rules and procedures of the legislature with |
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respect to the notice, introduction, and passage of this Act have |
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been fulfilled and accomplished. |
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SECTION 4. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2007. |
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* * * * * |