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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 Water Control and |
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Improvement District No. 6; providing authority to impose a tax and |
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issue bonds; granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9037 to read as follows: |
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CHAPTER 9037. COMAL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT |
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NO. 6 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9037.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Comal County Water Control |
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and Improvement District No. 6. |
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Sec. 9037.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district created under Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 9037.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 9037.004. CONSENT OF MUNICIPALITY AND COUNTY REQUIRED. |
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The temporary directors may not hold an election under Section |
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9037.003 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution and the county in which the |
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district is located has consented by order to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 9037.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a water control and improvement district as |
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provided by general law and Section 59, Article XVI, Texas |
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Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 9037.006. 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 made 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 the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 9037.007-9037.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9037.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 9037.052, directors serve |
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staggered four-year terms. |
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Sec. 9037.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Shannon Miller; |
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(2) Jim Leonard; |
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(3) David Rittenhouse; |
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(4) George Weron; and |
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(5) Blaine Lopez. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 9037.003; 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 permanent directors have not been elected under |
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Section 9037.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 9037.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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[Sections 9037.053-9037.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9037.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 9037.102. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. The district has the powers and duties provided |
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by the general law of this state, including Chapters 49 and 51, |
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Water Code, applicable to water control and improvement districts |
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created under Section 59, Article XVI, Texas Constitution, |
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including the powers and duties that relate to the disposal of waste |
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and control of storm water under Section 51.331, Water Code. |
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Sec. 9037.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 9037.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 9037.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 42.042 or 42.0425, Local Government Code, and that consents |
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to the creation of the district or to the inclusion of land in the |
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district. |
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Sec. 9037.106. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 9037.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 9037.107. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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9037.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 9037.003. A new district that is not confirmed is subject |
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to dissolution under general law. |
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(i) Municipal and county consent to the creation of the |
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district and to the inclusion of land in the district granted under |
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Section 9037.004 acts as municipal and county consent to the |
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creation of any new district created by the division of the district |
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and to the inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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[Sections 9037.108-9037.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9037.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 9037.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 51, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 9037.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 9037.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 9037.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 9037.154-9037.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 9037.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 9037.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Section 51.433, Water Code. |
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Sec. 9037.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Comal County Water Control and Improvement |
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District No. 6 initially includes all the territory contained in |
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the following area: |
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FIELD NOTES OF A SURVEY OF 262.464 acres consisting of |
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approximately 0.24 acres out of the Christian Hofheinz Survey No. |
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845, Abstract 711, approximately 86.87 acres out of the Hugh White |
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Survey No. 430, Abstract 658, approximately 83.08 acres out of the |
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Heinrich Kabelmacher Survey No. 936, Abstract 842 and approximately |
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92.274 acres out of the Mary McVicar Survey No. 238, Abstract 387, |
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Comal County, Texas, being a portion of that 277.39-acre tract of |
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land described in deed of record in Document No. 200506038360 of the |
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Official Public Records of Comal County, Texas and being more |
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particularly described by metes and bounds, as surveyed, as |
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follows: |
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Beginning at an 1/2" iron bar with a Paul T. Carey cap found |
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set in the ground in the south right-of-way line of State Hwy. No. |
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46, the northeast corner of a 277.39-acre tract of land described in |
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deed of record in Document No. 200506038360 of the Official Public |
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Records of Comal County, Texas and the northwest corner of a |
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37.9291-acre tract of land described as Tract 5 in deed of record in |
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Volume 604 at page 294 of the Official Public Records of Comal |
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County, Texas, for the northeast corner of this tract; |
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Thence S 9°24'25" W with the east boundary line of said |
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277.39-acre tract and the west boundary line of said 37.9291-acre |
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tract of land described as Tract 5, a 37.9291-acre tract of land |
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described as Tract 6 in deed of record in Volume 604 at page 294 of |
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the Official Public Records of Comal County, Texas and a |
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37.9291-acre tract of land described as Tract 7 in deed of record in |
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Volume 604 at page 294 of the Official Public Records of Comal |
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County, Texas in deed of record in Volume 604 at page 294 of the |
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Official Public Records of Comal County, Texas a distance of |
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4,089.90 feet to an iron bar found set in the ground, the southeast |
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corner of said 277.39-acre tract, the southwest corner of said |
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37.9291-acre tract of land described as Tract 7 and the northwest |
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corner of a 528.84-acre tract of land described in deed of record in |
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Volume 107 at page 404 of the Deed Records of Comal County, Texas, |
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for the southeast corner of this tract; |
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Thence S 89°41'40" W with the south boundary line of said |
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277.39-acre tract a distance of 2,865.80 feet to a point, for the |
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southwest corner of this tract, whence an iron bar found set in the |
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ground in the west right-of-way line of Blanco Road, the southwest |
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corner of said 277.39-acre tract, bears S 89°41'40" W a distance of |
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200.03 feet; |
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Thence N 0°39'47" E crossing said 277.39-acre tract 200.00 |
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feet from and parallel to the east right-of-way line of Blanco Road |
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and the west boundary line of said 277.39-acre tract a distance of |
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3,257.33 feet to a point in the north boundary line of said |
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277.39-acre tract and the south boundary line of a 50.71-acre tract |
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of land described in deed of record in Volume 95 at page 155 of the |
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Deed Records of Comal County, Texas, for the northwest corner of |
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this tract, whence an 1/2" iron bar with a Paul T. Carey cap found |
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set in the ground in the west right-of-way line of Blanco Road, the |
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northwest corner of said 277.39-acre tract, bears S 89°31'30" W a |
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distance of 200.04 feet; |
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Thence N 89°31'30" E with the north boundary line of said |
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277.39-acre tract and the south boundary lines of said 50.71-acre |
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tract and a 55.97-acre tract of land described in deed of record in |
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Volume 95 at page 159 of the Deed Records of Comal County, Texas a |
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distance of 1,898.70 feet to an iron bar found set in the ground, a |
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reentrant corner of said 277.39-acre tract and the southeast corner |
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of said 55.97-acre tract, for a reentrant corner of this tract; |
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Thence N 4°02'58" E with a west boundary line of said |
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277.39-acre tract and the east boundary line of said 55.97-acre |
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tract a distance of 926.02 feet to an 1/2" iron bar with a Schwartz |
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Surveying cap found set in the ground, a corner of said 277.39-acre |
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tract and a reentrant corner of said 55.97-acre tract, for a corner |
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of this tract; |
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Thence S 81°19'53" E with a north boundary line of said |
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277.39-acre tract and a south boundary line of said 55.97-acre |
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tract a distance of 351.44 feet to an 1/2" iron bar with a Schwartz |
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Surveying cap found set in the ground, a corner of said 277.39-acre |
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tract and a corner of said 55.97-acre tract, for a corner of this |
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tract; |
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Thence S 89°14'50" E with a north boundary line of said |
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277.39-acre tract and a south boundary line of said 55.97-acre |
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tract a distance of 493.56 feet to an 1/2" iron bar with an orange |
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Sinclair and Associates cap set in the ground in the arc of a curve |
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having a radius of 1,482.39 feet, the south right-of-way line of |
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State Hwy. No. 46, a corner of said 277.39-acre tract and a corner |
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of said 55.97-acre tract, for a corner of this tract; |
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Thence curve left in a southeasterly direction along the arc |
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of said curve having a radius of 1,482.39 feet with the south |
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right-of-way line of State Hwy. No. 46 and a north boundary line of |
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said 277.39-acre tract, through a central angle of 17°58'53", a |
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chord bearing and distance of S 79°48'28" E - 463.32 feet, a distance |
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of 465.22 feet to an 1/2" iron bar with an orange Sinclair and |
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Associates cap set in the ground, a corner of said 277.39-acre |
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tract, for a corner of this tract; |
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Thence S 88°47'55" E with the south right-of-way line of State |
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Hwy. No. 46 and a north boundary line of said 277.39-acre tract a |
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distance of 235.62 feet to the point of beginning. |
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Containing 262.464 acres (11,432,924 square feet) of land, |
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more or less. |
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SECTION 3. (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 4. 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. |