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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of Harris County 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. Section 3818.002, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3818.002. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 1. A |
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special district known as the "Harris County Improvement District |
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No. 1" is a political subdivision of this state created under |
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Section 59, Article XVI, Texas Constitution. |
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SECTION 2. Section 3818.051, Special District Local Laws |
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Code, is amended by amending Subsection (d) and adding Subsection |
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(e) to read as follows: |
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(d) The commission shall [attempt to] appoint directors |
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from persons recommended by the board [to represent all
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geographical areas and business interests in the district and shall
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solicit input from the existing board concerning persons who would
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be eligible to represent the various interests in the district]. |
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(e) The board by resolution may change the number of |
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directors on the board, but only if the board determines that the |
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change is in the best interest of the district. The board may not |
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consist of fewer than 9 or more than 15 directors. |
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SECTION 3. Sections 3818.052(a) and (d), Special District |
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Local Laws Code, are amended to read as follows: |
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(a) A [Except as provided by Subsection (b), a] director |
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must meet the requirements provided by Section 375.063, Local |
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Government Code. |
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(d) A person who qualifies to serve on the board [under
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Subsection (a) or (b)] is qualified to serve as a director and |
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participate in all votes pertaining to the business of the |
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district. |
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SECTION 4. Section 3818.054, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3818.054. VACANCY. The board [commission] by |
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appointment shall fill a vacancy on the board. |
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SECTION 5. Subchapter C, Chapter 3818, Special District |
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Local Laws Code, is amended by adding Sections 3818.110, 3818.111, |
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and 3818.112 to read as follows: |
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Sec. 3818.110. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. |
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To protect the public interest, the district may contract with a |
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qualified party, including Harris County, the City of Houston, or |
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any licensed peace officer, for the provision of law enforcement |
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services in the district for a fee. |
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Sec. 3818.111. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3818.112. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may establish and provide for the administration of one or |
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more programs to promote state or local economic development and to |
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stimulate business and commercial activity in the district, |
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including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(b) The district has all of the powers of a municipality |
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under Chapter 380, Local Government Code. |
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SECTION 6. Section 3818.201, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3818.201. NOTICE AND HEARING REQUIRED. The board may |
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finance a service or improvement project under this chapter with |
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assessments after: |
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(1) notice of a hearing has been given as required by |
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Section 3818.202; and |
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(2) the board holds a public hearing on the |
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advisability of the service or improvement and the proposed |
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assessments. |
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SECTION 7. Section 3818.202, Special District Local Laws |
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Code, is amended by adding Subsection (d) to read as follows: |
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(d) The district may mail the notice required by Section |
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375.115(c), Local Government Code, by certified or first class |
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United States mail. The board shall determine the method of notice. |
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SECTION 8. Section 3818.204, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3818.204. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENT PROJECTS. (a) The board may not finance a service or |
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improvement project under this chapter with assessments unless a |
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written petition requesting that service or improvement has been |
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filed with the board. |
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(b) The petition must be signed by: |
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(1) the owners of 50 percent of the assessed value of |
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the property in the district subject to assessment based on the most |
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recent certified county tax appraisal roll; or |
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(2) the owners of 50 percent or more of the surface |
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area of the district subject to assessment, excluding roads, |
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streets, highways, and utility rights-of-way, based on the most |
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recent certified county tax appraisal roll. |
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SECTION 9. Section 3818.205(a), Special District Local Laws |
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Code, is amended to read as follows: |
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(a) The district may impose an ad valorem tax, assessment, |
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or impact fee in accordance with Chapter 375, Local Government |
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Code, to provide an improvement or service for a project or activity |
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the district may acquire, construct, improve, or provide under this |
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chapter [if a written petition requesting that improvement or
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service has been filed with the board]. |
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SECTION 10. Subchapter E, Chapter 3818, Special District |
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Local Laws Code, is amended by adding Sections 3818.212, 3818.213, |
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3818.214, 3818.215, 3818.216, 3818.217, 3818.218, and 3818.219 to |
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read as follows: |
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Sec. 3818.212. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of the district's money. |
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Sec. 3818.213. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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any improvement or service authorized under this chapter or Chapter |
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375, Local Government Code, using any money available to the |
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district. |
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Sec. 3818.214. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held in accordance with Section 3818.217, |
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the district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code, for any district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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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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(c) Section 49.107(h), Water Code, does not apply to the |
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district. |
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Sec. 3818.215. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS. (a) The district may borrow money on terms and conditions |
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as determined by the board. Section 375.205, Local Government |
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Code, does not apply to a loan, line of credit, or other borrowing |
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from a bank or financial institution secured by revenue other than |
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ad valorem taxes. |
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(b) The district may issue by competitive bid or negotiated |
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sale bonds, notes, or other obligations payable wholly or partly |
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from ad valorem taxes, assessments, impact fees, revenue, contract |
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payments, grants, or other district money, or any combination of |
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those sources of money, to pay for any authorized district purpose. |
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(c) The limitation on the outstanding principal amount of |
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bonds, notes, and other obligations provided by Section 49.4645, |
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Water Code, does not apply to the district. |
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Sec. 3818.216. 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 the rate or amount, while |
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all or part of the bonds are outstanding as required and in the |
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manner provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 3818.217. ELECTIONS REGARDING TAXES AND BONDS. (a) |
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The district may issue, without an election, bonds, notes, and |
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other obligations secured by revenue other than ad valorem taxes. |
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(b) The district must hold an election in the manner |
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provided by Subchapter L, Chapter 375, Local Government Code, to |
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obtain voter approval before the district may impose an ad valorem |
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tax or issue bonds payable from ad valorem taxes. |
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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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(d) All or part of any facilities or improvements that the |
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district may acquire by the issuance of district bonds may be |
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submitted as a single proposition or as several propositions to be |
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voted on at the election. |
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Sec. 3818.218. COMPETITIVE BIDDING. Subchapter I, Chapter |
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49, Water Code, applies to the district. Subchapter K, Chapter 375, |
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Local Government Code, does not apply to the district. |
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Sec. 3818.219. TAX AND ASSESSMENT ABATEMENTS. The district |
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may grant in the manner authorized by Chapter 312, Tax Code, an |
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abatement for a tax or assessment owed to the district. |
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SECTION 11. The following provisions of the Special |
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District Local Laws Code are repealed: |
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(1) Section 3818.052(b); |
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(2) Section 3818.053; |
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(3) Section 3818.151(b); |
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(4) Section 3818.205(b); and |
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(5) Section 3818.208. |
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SECTION 12. (a) The legislature validates and confirms all |
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governmental acts and proceedings of the board of directors of the |
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Harris County Improvement District No. 1 that were taken before the |
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effective date of this Act. |
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(b) Subsection (a) does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final |
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judgment of a court; or |
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(2) has been held invalid by a final judgment of a |
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court. |
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SECTION 13. (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 has 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, |
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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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(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 notice, introduction, and passage of this Act have been |
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fulfilled and accomplished. |
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SECTION 14. 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. |