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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 Presidio County Emergency Services |
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District; providing authority to issue bonds and impose taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The Special District Local Laws Code is amended |
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by adding Title 7 to read as follows: |
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TITLE 7. EMERGENCY SERVICES |
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CHAPTER 15001. PRESIDIO COUNTY EMERGENCY SERVICES DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 15001.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of emergency |
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commissioners. |
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(2) "County" means Presidio County. |
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(3) "District" means the Presidio County Emergency |
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Services District. |
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Sec. 15001.002. NATURE OF DISTRICT. The district is a |
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special district created under Section 48-e, Article III, Texas |
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Constitution. |
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Sec. 15001.003. 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 under Section 15001.023 before December 31, 2011: |
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(1) the district is dissolved December 31, 2011, |
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except that: |
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(A) any debts the district incurs shall be paid; |
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(B) any district assets that remain after the |
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payment of debts shall be transferred to the 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 September 1, 2013. |
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Sec. 15001.004. DISTRICT TERRITORY. The boundaries of the |
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district are coextensive with the boundaries of Presidio County. |
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Sec. 15001.005. APPLICABILITY OF OTHER LAW. Chapter 776, |
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Health and Safety Code, applies to the district. |
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[Sections 15001.006-15001.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 15001.021. APPOINTMENT OF TEMPORARY EMERGENCY |
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COMMISSIONERS. (a) The commissioners court of the county shall |
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appoint five temporary emergency commissioners. |
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(b) Temporary emergency commissioners serve until the |
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earlier of: |
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(1) the date the initial emergency commissioners are |
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appointed under Section 15001.024; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If initial emergency commissioners have not been |
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appointed under Section 15001.024 and the terms of the temporary |
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emergency commissioners have expired, successor temporary |
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emergency commissioners shall be appointed in the manner provided |
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by Subsection (a) to serve terms that expire on September 1, 2013. |
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Sec. 15001.022. CONSENT OF MUNICIPALITY REQUIRED FOR |
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INCLUSION. (a) The temporary board shall make a written request to |
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the governing body of each municipality in the county for consent to |
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include territory in the municipality's limits or extraterritorial |
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jurisdiction, as provided by Section 776.014(a), Health and Safety |
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Code. |
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(b) A municipality's consent to inclusion in the district is |
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governed by Section 776.014, Health and Safety Code. |
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(c) Before the temporary board orders the confirmation |
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election under Section 15001.023, the board by order shall exclude |
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from the territory of the district, for each municipality that has |
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not provided written consent to inclusion in the district, any |
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territory in the nonconsenting municipality's limits or |
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extraterritorial jurisdiction. |
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Sec. 15001.023. CONFIRMATION ELECTION. (a) The temporary |
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board shall hold an election to confirm the creation of the |
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district. |
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(b) The ballot must be printed to provide for voting for or |
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against the proposition: "The creation of the Presidio County |
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Emergency Services District." |
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(c) To authorize the district to impose a maintenance tax |
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for payment of expenses, the ballot must be printed to provide for |
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voting for or against the proposition: "The levy of a maintenance |
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tax at a rate not to exceed ______ cents for each $100 of assessed |
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valuation." |
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(d) The election shall be held on the first authorized |
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uniform election date prescribed by the Election Code that allows |
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sufficient time to comply with other requirements of law. |
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(e) Subject to Section 4.003, Election Code, the notice of |
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the election shall be given in the same manner as the notice of the |
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petition hearing. |
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(f) If a majority of the votes cast in the election favor |
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confirmation, the district is created. The district may not |
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include territory in a municipality's limits or extraterritorial |
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jurisdiction unless a majority of the voters residing in that |
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territory who vote at the election vote in favor of inclusion in the |
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district and imposition of a tax by the district. The board by |
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order shall exclude territory inside a municipality's limits or |
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extraterritorial jurisdiction if a majority of the voters residing |
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in that territory voting in the election vote against the creation |
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of the district. The exclusion of territory within a |
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municipality's limits or extraterritorial jurisdiction does not |
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affect the creation of the district, which includes the remainder |
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of the proposed territory, if the creation of the district is |
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otherwise confirmed under this section. |
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Sec. 15001.024. INITIAL EMERGENCY COMMISSIONERS. If |
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creation of the district is confirmed at an election held under |
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Section 15001.023, the commissioners court of the county shall |
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appoint the initial board as provided by Section 776.033(b), Health |
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and Safety Code, after the temporary board enters an order creating |
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the district. |
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Sec. 15001.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 15001.026-15001.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF EMERGENCY COMMISSIONERS |
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Sec. 15001.051. POWERS AND DUTIES OF BOARD. (a) The |
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district is governed by a five-member board of emergency |
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commissioners appointed by the commissioners court under Section |
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776.033, Health and Safety Code. |
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(b) The board has the powers and duties provided by Chapter |
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776, Health and Safety Code. |
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[Sections 15001.052-15001.100 reserved for expansion] |
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SUBCHAPTER C. DISTRICT POWERS AND DUTIES |
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Sec. 15001.101. GENERAL POWERS AND NATURE OF DISTRICT. (a) |
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The district is a political subdivision of this state that has all |
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of the rights, powers, privileges, functions, and duties provided |
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by the general law of this state applicable to emergency services |
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districts created under Section 48-e, Article III, Texas |
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Constitution, including Chapter 776, Health and Safety Code. |
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(b) To perform its functions, the district may: |
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(1) acquire, hold, lease, manage, occupy, and sell |
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real and personal property or an interest in property, including |
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real property, improvements, and fixtures necessary to house, |
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repair, and maintain emergency services vehicles and related |
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equipment; |
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(2) appoint and employ necessary officers, agents, and |
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employees; |
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(3) sue and be sued; |
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(4) impose and collect taxes as prescribed by this |
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chapter; |
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(5) accept and receive donations; |
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(6) lease, own, maintain, and operate emergency |
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services vehicles and other necessary or proper emergency services |
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equipment and machinery to provide emergency services, including |
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emergency ambulance services; and |
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(7) enter into and perform necessary contracts, |
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including a contract with another district, municipality, or |
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another entity: |
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(A) to make fire-fighting facilities, fire |
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extinguishment services, or emergency rescue and ambulance |
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services available to the district; or |
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(B) for reciprocal operation of services and |
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facilities if the contracting parties find that reciprocal |
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operation would be mutually beneficial and not detrimental to the |
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parties to the contract. |
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[Sections 15001.102-15001.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 15001.151. AD VALOREM TAX. The board shall impose an |
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ad valorem tax as provided by Section 776.075, Health and Safety |
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Code, if the imposition of the tax is approved at the election to |
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create the district. |
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Sec. 15001.152. SALES AND USE TAX. (a) The district may |
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adopt a sales and use tax, change the rate of its sales and use tax, |
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or abolish its sales and use tax at an election held as provided by |
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Section 776.0752, Health and Safety Code. The district may impose |
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the tax at a rate of one-half percent, one percent, one and one-half |
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percent, or two percent. Revenue from the tax may be used for any |
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purpose for which ad valorem tax revenue of the district may be used |
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under Chapter 776, Health and Safety Code. |
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(b) Except as provided by Subsection (c), Section 776.0751, |
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Health and Safety Code, and Chapter 323, Tax Code, apply to the |
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application, collection, and administration of the tax imposed |
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under this section. |
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Sec. 15001.153. BONDS AND NOTES AUTHORIZED. The board may |
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issue bonds and notes, including bond anticipation notes, as |
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prescribed by Subchapter E, Chapter 776, Health and Safety Code, to |
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perform any of its powers. |
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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, including Chapter 313, |
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Government Code. |
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(b) 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, 2009. |