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A BILL TO BE ENTITLED
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AN ACT
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relating to the Irion County Water Conservation District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4, Chapter 65, Acts of the 69th |
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Legislature, Regular Session, 1985, is amended to read as follows: |
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Sec. 4. BOUNDARIES. The district is composed of all the |
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territory located within Irion County and any territory added |
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through annexation or consolidation. |
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SECTION 2. Section 8, Chapter 65, Acts of the 69th |
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Legislature, Regular Session, 1985, is amended by adding Subsection |
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(c) to read as follows: |
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(c) If the district annexes territory or consolidates with |
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another district, the composition of the board shall be determined |
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in a manner that is: |
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(1) equitable for the residents of the district as |
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provided by Chapter 36, Water Code; and |
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(2) otherwise in compliance with Subchapter K, Chapter |
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36, Water Code. |
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SECTION 3. Subsection (b), Section 9, Chapter 65, Acts of |
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the 69th Legislature, Regular Session, 1985, is amended to read as |
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follows: |
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(b) In addition to the requirements of Subsection (a) of |
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this section, a person who is a director from a county commissioners |
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precinct must be a resident of that precinct unless the composition |
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of the board of directors changes under Section 8(c) of this Act. |
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SECTION 4. Sections 10, 11, 12, and 15, Chapter 65, Acts of |
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the 69th Legislature, Regular Session, 1985, are amended to read as |
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follows: |
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Sec. 10. ELECTION OF DIRECTORS. Beginning in the year |
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following the creation election, an election shall be held on the |
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uniform election date in May [first Saturday in April of each year] |
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to elect the appropriate number of directors to the board. |
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Sec. 11. TERM OF OFFICE. Except for the initial directors |
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of the district, directors shall serve for terms of four [two] |
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years. |
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Sec. 12. BEGINNING OF DIRECTOR'S TERM. A director takes |
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office at the first regular meeting of the board [in April] |
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following election to the board. |
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Sec. 15. COMPENSATION. Each director is entitled to |
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receive fees of office as provided by Chapter 36, Water Code, [for
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his services not more than $25 a day] for each day [actually] |
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engaged in the director's duties for the district. |
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SECTION 5. Subsection (a), Section 18, Chapter 65, Acts of |
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the 69th Legislature, Regular Session, 1985, is amended to read as |
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follows: |
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(a) The board may [shall] appoint persons to serve as |
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treasurer and attorney for the district. |
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SECTION 6. Subsection (b), Section 19, Chapter 65, Acts of |
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the 69th Legislature, Regular Session, 1985, is amended to read as |
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follows: |
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(b) The general manager may [shall] execute a bond in the |
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amount determined by the board, payable to the district, and |
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conditioned on the faithful performance of the general manager's |
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duties. The district shall pay for the bond. |
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SECTION 7. Sections 23, 25, 28, and 29, Chapter 65, Acts of |
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the 69th Legislature, Regular Session, 1985, are amended to read as |
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follows: |
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Sec. 23. MEETINGS OF BOARD. The board shall hold regular |
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meetings at the district's office [at least once each month] on |
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dates [a date] established by [rule of] the board. |
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Sec. 25. CONTRACTS. The board may enter into contracts as |
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provided by Chapter 36 [51], Water Code, and those contracts shall |
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be executed by the board in the name of the district. |
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Sec. 28. NAME CHANGE [SEAL]. The name of [board shall adopt
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a seal for] the district may be changed if: |
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(1) additional territory is annexed to the district; |
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or |
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(2) the district consolidates with another district. |
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Sec. 29. PURPOSE OF DISTRICT. The district is created to |
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provide for the conservation, preservation, protection, recharge, |
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and prevention of waste and pollution of the groundwater |
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[underground] and surface water of the district consistent with: |
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(1) the objectives of Article XVI, Section 59, of the |
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Texas Constitution, and Chapter 36, Water Code; and |
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(2) the powers and duties under Subchapters H and I, |
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Chapter 49 [Chapters 51 and 52], Water Code. |
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SECTION 8. Subsection (b), Section 30, Chapter 65, Acts of |
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the 69th Legislature, Regular Session, 1985, is amended to read as |
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follows: |
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(b) In addition to the rules adopted under Subsection (a) of |
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this section, the board may adopt and enforce rules as provided by |
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Chapter 36 [Sections 51.127 through 51.132], Water Code. The board |
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may adopt rules necessary for the exercise of district powers and |
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duties under Subchapters H and I, Chapter 49, Water Code[, as
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amended]. |
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SECTION 9. Sections 31, 32, 33, 34, and 35, Chapter 65, Acts |
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of the 69th Legislature, Regular Session, 1985, are amended to read |
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as follows: |
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Sec. 31. EXERCISE OF POWERS AND DUTIES UNDER WATER CODE. |
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Except to the extent of any conflict with this Act or as |
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specifically limited by this Act, the district may exercise the |
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powers granted and shall exercise the duties under [Subchapters D,
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O, and P,] Chapter 36 and Subchapters H and I, Chapter 49 [51], |
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Water Code, [and Subchapter D, Chapter 52, Water Code,] to carry out |
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the purpose of the district and this Act. |
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Sec. 32. LIMITATION ON PERMIT AUTHORITY. If the district |
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regulates production of groundwater [underground water] by permit |
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as authorized by Chapter 36 [52], Water Code, the board may not deny |
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a permit to drill a well to the owner of land, his heirs, assigns, |
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and lessees on his land that complies with the [and the right to
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produce water from that well under] rules adopted by the district. |
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Sec. 33. STUDIES AND SURVEYS. The board may [shall] have |
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professional engineers make studies and surveys of the groundwater |
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[underground] and surface water supplies within the district and |
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the facilities available for use in the conservation, preservation, |
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protection, recharge, and prevention of waste and pollution of |
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those water resources. The professional engineers also may [shall] |
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determine the quantities of both groundwater [underground] and |
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surface water available in the district. |
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Sec. 34. PLANS AND SPECIFICATIONS. The district shall |
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develop and implement comprehensive plans for the conservation, |
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preservation, protection, recharge, and prevention of waste and |
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pollution of groundwater [underground] and surface water within the |
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district. The plans shall include all works, facilities, and |
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improvements necessary to implement the plans and the |
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specifications for those works, facilities, and improvements. |
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Sec. 35. RESEARCH; INFORMATION. The district may [shall] |
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engage in research projects and [shall] develop information to be |
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used by the district in preparing and implementing its plans and in |
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carrying out its powers and duties under this Act. |
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SECTION 10. Subsection (b), Section 39, Chapter 65, Acts of |
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the 69th Legislature, Regular Session, 1985, is amended to read as |
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follows: |
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(b) The district shall construct and acquire works, |
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facilities, and improvements in the manner provided by Subchapters |
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H and I, Chapter 49 [51], Water Code[, for water control and
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improvement districts]. |
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SECTION 11. Sections 43 and 45, Chapter 65, Acts of the 69th |
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Legislature, Regular Session, 1985, are amended to read as follows: |
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Sec. 43. SALE AND DISPOSAL OF PROPERTY. Subject to this Act |
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and Chapter 36 and Subchapters H and I, Chapter 49 [Chapters 51 and
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52], Water Code, the district may sell or otherwise dispose of land |
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and other property of the district that is not necessary to carry |
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out the purpose or powers of the district as determined by the |
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board. |
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Sec. 45. PROTECTION OF WATER RIGHTS. The ownership and |
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rights of the owner of land, his lessees, and assigns in groundwater |
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[underground] and any surface water rights are recognized and this |
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Act does not deprive or divest the owner, his lessees, and assigns |
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of those ownership rights. |
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SECTION 12. Section 53, Chapter 65, Acts of the 69th |
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Legislature, Regular Session, 1985, is repealed. |
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SECTION 13. A director of the Irion County Water |
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Conservation District whose term expires in May 2009 shall serve a |
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term that expires on the uniform election date in May 2012. A |
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director elected to replace a director whose term expires in May |
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2010 shall serve a four-year term as provided by Section 11, Chapter |
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65, Acts of the 69th Legislature, Regular Session, 1985, as amended |
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by this Act. Section 11, as amended, applies to any regularly |
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scheduled election of directors held in 2012 or a later year. |
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SECTION 14. (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 15. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2009. |
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