By: Hegar  S.B. No. 1821
         (In the Senate - Filed March 12, 2013; March 19, 2013, read
  first time and referred to Committee on Intergovernmental
  Relations; April 11, 2013, reported favorably by the following
  vote:  Yeas 5, Nays 0; April 11, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the creation of Waller County Improvement District No.
  2; providing authority to impose an assessment, impose a tax, and
  issue bonds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 4, Special District Local Laws
  Code, is amended by adding Chapter 3914 to read as follows:
  CHAPTER 3914.  WALLER COUNTY IMPROVEMENT DISTRICT NO. 2
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3914.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Houston.
               (3)  "County" means Waller County.
               (4)  "Director" means a board member.
               (5)  "District" means the Waller County Improvement
  District No. 2.
               (6)  "Rail facilities" includes all real and personal
  property owned or held by the district for railroad purposes,
  including land, interests in land, buildings, structures,
  rights-of-way, easements, franchises, rail lines, stations,
  platforms, terminals, rolling stock, garages, shops, equipment,
  and facilities including vehicle parking areas and facilities, and
  other facilities necessary or convenient for the beneficial use and
  access of persons and vehicles to stations, terminals, yards,
  vehicles, control houses, signals and land, facilities, and
  equipment for the protection and environmental enhancement of those
  facilities.
         Sec. 3914.002.  NATURE OF DISTRICT. The Waller County
  Improvement District No. 2 is a special district created under
  Section 59, Article XVI, Texas Constitution.
         Sec. 3914.003.  PURPOSE; DECLARATION OF INTENT. (a)  The
  creation of the district is essential to accomplish the purposes of
  Sections 52 and 52-a, Article III, and Section 59, Article XVI,
  Texas Constitution, and other public purposes stated in this
  chapter. By creating the district and in authorizing the city, the
  county, and other political subdivisions to contract with the
  district, the legislature has established a program to accomplish
  the public purposes set out in Section 52-a, Article III, Texas
  Constitution.
         (b)  The creation of the district is necessary to promote,
  develop, encourage, and maintain employment, commerce,
  transportation, housing, tourism, recreation, the arts,
  entertainment, economic development, safety, and the public
  welfare in the district.
         (c)  This chapter and the creation of the district may not be
  interpreted to relieve the city or the county from providing the
  level of services provided as of the effective date of the Act
  enacting this chapter to the area in the district. The district is
  created to supplement and not to supplant city or county services
  provided in the district.
         Sec. 3914.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
  (a)  The district is created to serve a public use and benefit.
         (b)  All land and other property included in the district
  will benefit from the improvements and services to be provided by
  the district under powers conferred by Sections 52 and 52-a,
  Article III, and Section 59, Article XVI, Texas Constitution, and
  other powers granted under this chapter.
         (c)  The creation of the district is in the public interest
  and is essential to further the public purposes of:
               (1)  developing and diversifying the economy of the
  state;
               (2)  eliminating unemployment and underemployment; and
               (3)  developing or expanding transportation and
  commerce.
         (d)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, potential employees, employees, visitors,
  and consumers in the district, and of the public;
               (2)  provide needed funding for the district to
  preserve, maintain, and enhance the economic health and vitality of
  the district territory as a community and business center;
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways and by landscaping and
  developing certain areas in the district, which are necessary for
  the restoration, preservation, and enhancement of scenic beauty;
  and
               (4)  provide for water, wastewater, drainage, road, and
  recreational facilities for the district.
         (e)  Pedestrian ways along or across a street, whether at
  grade or above or below the surface, and street lighting, street
  landscaping, parking, rail facilities, and street art objects are
  parts of and necessary components of a street or road and are
  considered to be a street or road improvement.
         (f)  The district will not act as the agent or
  instrumentality of any private interest even though the district
  will benefit many private interests as well as the public.
         (g)  Rail facilities and improvements are necessary and
  convenient for the:
               (1)  use and implementation of the district's road
  facilities and improvements; and
               (2)  development and expansion of transportation in
  this state.
         Sec. 3914.005.  INITIAL DISTRICT TERRITORY. (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting this chapter form a closure. A mistake in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bonds for the purposes
  for which the district is created or to pay the principal of and
  interest on bonds;
               (3)  right to impose or collect an assessment or tax; or
               (4)  legality or operation.
         Sec. 3914.006.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
  All or any part of the area of the district is eligible to be
  included in:
               (1)  a tax increment reinvestment zone created under
  Chapter 311, Tax Code;
               (2)  a tax abatement reinvestment zone created under
  Chapter 312, Tax Code;
               (3)  an enterprise zone created under Chapter 2303,
  Government Code; or
               (4)  an industrial district created under Chapter 42,
  Local Government Code.
         Sec. 3914.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3914.008.  CONSTRUCTION OF CHAPTER. This chapter shall
  be liberally construed in conformity with the findings and purposes
  stated in this chapter.
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 3914.051.  GOVERNING BODY; TERMS. (a)  The district is
  governed by a board of five voting directors who serve staggered
  terms of four years, with two or three directors' terms expiring
  June 1 of each odd-numbered year.
         (b)  The board by resolution may change the number of voting
  directors on the board if the board determines that the change is in
  the best interest of the district. The board may not consist of
  fewer than five or more than nine voting directors.
         Sec. 3914.052.  APPOINTMENT OF VOTING DIRECTORS. The Texas
  Commission on Environmental Quality shall appoint voting directors
  from persons recommended by the board.
         Sec. 3914.053.  NONVOTING DIRECTORS. The board may appoint
  nonvoting directors to serve at the pleasure of the voting
  directors.
         Sec. 3914.054.  QUORUM. For purposes of determining the
  requirements for a quorum of the board, the following are not
  counted:
               (1)  a board position vacant for any reason, including
  death, resignation, or disqualification;
               (2)  a director who is abstaining from participation in
  a vote because of a conflict of interest; or
               (3)  a nonvoting director.
         Sec. 3914.055.  COMPENSATION. A director is entitled to
  receive fees of office and reimbursement for actual expenses as
  provided by Section 49.060, Water Code. Sections 375.069 and
  375.070, Local Government Code, do not apply to the board.
         Sec. 3914.056.  INITIAL VOTING DIRECTORS. (a)  On or after
  the effective date of the Act creating this chapter, the owner or
  owners of a majority of the assessed value of the real property in
  the district according to the most recent certified tax appraisal
  roll for the county may submit a petition to the Texas Commission on
  Environmental Quality requesting that the commission appoint as
  initial voting directors the five persons named in the petition.
  The commission shall appoint the five persons named in the petition
  as initial directors by position.
         (b)  Of the initial directors, the terms of directors
  appointed for positions one through three expire June 1, 2015, and
  the terms of directors appointed for positions four and five expire
  June 1, 2017.
         (c)  Section 3914.052 does not apply to this section.
         (d)  This section expires September 1, 2017.
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 3914.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3914.102.  IMPROVEMENT PROJECTS AND SERVICES. The
  district may provide, design, construct, acquire, improve,
  relocate, operate, maintain, or finance an improvement project or
  service using any money available to the district, or contract with
  a governmental or private entity to provide, design, construct,
  acquire, improve, relocate, operate, maintain, or finance an
  improvement project or service authorized under this chapter or
  Chapter 375, Local Government Code.
         Sec. 3914.103.  DEVELOPMENT CORPORATION POWERS. The
  district, using money available to the district, may exercise the
  powers given to a development corporation under Chapter 505, Local
  Government Code, including the power to own, operate, acquire,
  construct, lease, improve, or maintain a project under that
  chapter.
         Sec. 3914.104.  NONPROFIT CORPORATION. (a)  The board by
  resolution may authorize the creation of a nonprofit corporation to
  assist and act for the district in implementing a project or
  providing a service authorized by this chapter.
         (b)  The nonprofit corporation:
               (1)  has each power of and is considered to be a local
  government corporation created under Subchapter D, Chapter 431,
  Transportation Code; and
               (2)  may implement any project and provide any service
  authorized by this chapter.
         (c)  The board shall appoint the board of directors of the
  nonprofit corporation. The board of directors of the nonprofit
  corporation shall serve in the same manner as the board of directors
  of a local government corporation created under Subchapter D,
  Chapter 431, Transportation Code, except that a board member is not
  required to reside in the district.
         Sec. 3914.105.  AGREEMENTS; GRANTS. (a)  As provided by
  Chapter 375, Local Government Code, the district may make an
  agreement with or accept a gift, grant, or loan from any person.
         (b)  The implementation of a project is a governmental
  function or service for the purposes of Chapter 791, Government
  Code.
         Sec. 3914.106.  LAW ENFORCEMENT SERVICES. To protect the
  public interest, the district may contract with a qualified party,
  including the county or the city, to provide law enforcement
  services in the district for a fee.
         Sec. 3914.107.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
  district may join and pay dues to a charitable or nonprofit
  organization that performs a service or provides an activity
  consistent with the furtherance of a district purpose.
         Sec. 3914.108.  ECONOMIC DEVELOPMENT. (a)  The district may
  engage in activities that accomplish the economic development
  purposes of the district.
         (b)  The district may establish and provide for the
  administration of one or more programs to promote state or local
  economic development and to stimulate business and commercial
  activity in the district, including programs to:
               (1)  make loans and grants of public money; and
               (2)  provide district personnel and services.
         (c)  The district may create economic development programs
  and exercise the economic development powers provided to
  municipalities by:
               (1)  Chapter 380, Local Government Code; and
               (2)  Subchapter A, Chapter 1509, Government Code.
         Sec. 3914.109.  PARKING FACILITIES. (a)  The district may
  acquire, lease as lessor or lessee, construct, develop, own,
  operate, and maintain parking facilities or a system of parking
  facilities, including lots, garages, parking terminals, or other
  structures or accommodations for parking motor vehicles off the
  streets and related appurtenances.
         (b)  The district's parking facilities serve the public
  purposes of the district and are owned, used, and held for a public
  purpose even if leased or operated by a private entity for a term of
  years.
         (c)  The district's parking facilities are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (d)  The development and operation of the district's parking
  facilities may be considered an economic development program.
         Sec. 3914.110.  ANNEXATION OF LAND. The district may annex
  land as provided by Subchapter J, Chapter 49, Water Code.
         Sec. 3914.111.  RAIL FACILITIES.  The district may
  construct, acquire, improve, maintain, finance, and operate rail
  facilities and improvements.
         Sec. 3914.112.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3914.151.  DISBURSEMENTS AND TRANSFERS OF MONEY. The
  board by resolution shall establish the number of directors'
  signatures and the procedure required for a disbursement or
  transfer of district money.
         Sec. 3914.152.  MONEY USED FOR IMPROVEMENTS OR SERVICES.
  The district may acquire, construct, finance, operate, or maintain
  any improvement or service authorized under this chapter or Chapter
  375, Local Government Code, using any money available to the
  district.
         Sec. 3914.153.  PETITION REQUIRED FOR FINANCING SERVICES AND
  IMPROVEMENTS WITH ASSESSMENTS. (a)  The board may not finance a
  service or improvement project with assessments under this chapter
  unless a written petition requesting that service or improvement
  has been filed with the board.
         (b)  A petition filed under Subsection (a) must be signed by
  the owners of a majority of the assessed value of real property in
  the district subject to assessment according to the most recent
  certified tax appraisal roll for the county.
         Sec. 3914.154.  ASSESSMENTS; LIENS FOR ASSESSMENTS.
  (a)  The board by resolution may impose and collect an assessment
  for any purpose authorized by this chapter in all or any part of the
  district.
         (b)  An assessment, a reassessment, or an assessment
  resulting from an addition to or correction of the assessment roll
  by the district, penalties and interest on an assessment or
  reassessment, an expense of collection, and reasonable attorney's
  fees incurred by the district:
               (1)  are a first and prior lien against the property
  assessed;
               (2)  are superior to any other lien or claim other than
  a lien or claim for county, school district, or municipal ad valorem
  taxes; and
               (3)  are the personal liability of and a charge against
  the owners of the property even if the owners are not named in the
  assessment proceedings.
         (c)  The lien is effective from the date of the board's
  resolution imposing the assessment until the date the assessment is
  paid. The board may enforce the lien in the same manner that the
  board may enforce an ad valorem tax lien against real property.
         (d)  The board may make a correction to or deletion from the
  assessment roll that does not increase the amount of assessment of
  any parcel of land without providing notice and holding a hearing in
  the manner required for additional assessments.
         Sec. 3914.155.  TAX AND ASSESSMENT ABATEMENTS. The district
  may designate reinvestment zones and may grant abatements of a tax
  or assessment on property in the zones.
  SUBCHAPTER E.  TAXES AND BONDS
         Sec. 3914.201.  ELECTIONS REGARDING TAXES AND BONDS.
  (a)  The district may issue, without an election, bonds, notes, and
  other obligations secured by:
               (1)  revenue other than ad valorem taxes; or
               (2)  contract payments described by Section 3914.203.
         (b)  The district must hold an election in the manner
  provided by Subchapter L, Chapter 375, Local Government Code, to
  obtain voter approval before the district may impose an ad valorem
  tax or issue bonds payable from ad valorem taxes.
         (c)  Section 375.243, Local Government Code, does not apply
  to the district.
         (d)  All or any part of any facilities or improvements that
  may be acquired by a district by the issuance of its bonds may be
  submitted as a single proposition or as several propositions to be
  voted on at the election.
         Sec. 3914.202.  OPERATION AND MAINTENANCE TAX. (a)  If
  authorized by a majority of the district voters voting at an
  election held in accordance with Section 3914.201, the district may
  impose an operation and maintenance tax on taxable property in the
  district in accordance with Section 49.107, Water Code, for any
  district purpose, including to:
               (1)  maintain and operate the district;
               (2)  construct or acquire improvements; or
               (3)  provide a service.
         (b)  The board shall determine the tax rate. The rate may not
  exceed the rate approved at the election.
         (c)  Section 49.107(h), Water Code, does not apply to the
  district.
         Sec. 3914.203.  CONTRACT TAXES. (a)  In accordance with
  Section 49.108, Water Code, the district may impose a tax other than
  an operation and maintenance tax and use the revenue derived from
  the tax to make payments under a contract after the provisions of
  the contract have been approved by a majority of the district voters
  voting at an election held for that purpose.
         (b)  A contract approved by the district voters may contain a
  provision stating that the contract may be modified or amended by
  the board without further voter approval.
         Sec. 3914.204.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
  AND OTHER OBLIGATIONS. (a)  The district may borrow money on terms
  determined by the board. Section 375.205, Local Government Code,
  does not apply to a loan, line of credit, or other borrowing from a
  bank or financial institution secured by revenue other than ad
  valorem taxes.
         (b)  The district may issue bonds, notes, or other
  obligations payable wholly or partly from ad valorem taxes,
  assessments, impact fees, revenue, contract payments, grants, or
  other district money, or any combination of those sources of money,
  to pay for any authorized district purpose.
         (c)  The limitation on the outstanding principal amount of
  bonds, notes, and other obligations provided by Section 49.4645,
  Water Code, does not apply to the district.
         Sec. 3914.205.  TAXES FOR BONDS. At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of a continuing
  direct annual ad valorem tax, without limit as to rate or amount,
  for each year that all or part of the bonds are outstanding as
  required and in the manner provided by Sections 54.601 and 54.602,
  Water Code.
         SECTION 2.  The Waller County Improvement District No. 2
  initially includes all territory contained in the following area:
         TRACT 1
         Being a tract or parcel of land containing 157.120 acres of
  land or 6,844,120 square feet, located in the H. & T. C. R. R.
  Company Survey, Section 107, Abstract 170, Waller County, Texas,
  Said 157.120 acre tract being out of and a part of a 176.149 acre
  tract of record in the name of C-2 Pederson Road, LLC in Volume
  1091, Page 843 in Official Public Records of Waller County, Texas
  (O.R.W.C.T.), Said 157.120 acre tract being more particularly
  described as follows (bearings based on aforesaid deed):
         COMMENCING at a 1/2 inch iron rod found for the northeast
  corner of aforesaid 176.149 acre tract being in the south line of a
  called 454 acre tract of record in the name of R&Y Interest in
  Volume 0553, Page 096, O.R.W.C.T., and being the northeast corner
  of a called 21.713 acre tract of record in the name of R&Y Interest
  LTD, in Vol. 0553, Pg. 101, O.R.W.C.T.;
         THENCE, coincident the north line of aforesaid 176.149 acres
  and the south line of aforesaid 454 acres, South 88 degrees 04
  minutes 39 seconds West, a distance of 391.88 feet to a 5/8 inch
  iron rod with "Gruller" cap set for the northeast corner and POINT
  OF BEGINNING of the herein described tract;
         THENCE, through and across aforesaid 176.149 acres, the
  following two (2) courses:
         1.  South 00 degrees 00 minutes 35 seconds East, a distance
  of 1,961.84 feet to a 5/8 inch iron rod with "Gruller" cap set;
         2.  North 88 degrees 21 minutes 49 seconds East, a distance
  of 453.11 feet to a 5/8 inch iron rod with "Gruller" cap set in the
  east line of aforesaid 176.149 acre tract being in the west line of
  aforesaid 21.713 acre tract;
         THENCE, coincident the east line of aforesaid 176.149 acre
  tract and the west line of aforesaid 21.713 acre tract, South 01
  degrees 47 minutes 53 seconds East, a distance of 604.37 feet to a
  1/2 inch iron rod found for the most northerly southeast corner of
  the herein described tract;
         THENCE, coincident a north line of aforesaid 21.713 acre
  tract, South 88 degrees 29 minutes 33 seconds West, a distance of
  925.08 feet to a 1 inch iron pipe found for an interior corner of the
  herein described tract;
         THENCE, coincident a west line of aforesaid 21.713 acre
  tract, South 02 degrees 08 minutes 14 seconds East, a distance of
  338.02 feet to a 1 inch iron pipe found for the most southerly
  southeast corner of the herein described tract being on the north
  Right-of-Way (R.O.W.) line of a 100 foot wide M.K. & T. Railroad;
         THENCE, coincident the north R.O.W. line of aforesaid M.K. &
  T. Railroad and the south line of aforesaid 176.149 acres, South 88
  degrees 45 minutes 03 seconds West, a distance of 1,660.04 feet to a
  1 inch iron pipe found for the most southerly southwest corner of
  the herein described tract being the southeast corner of a called
  1.9921 acre tract of record in the name of Sealy Concrete, Inc. of
  record in Volume 349, Page 491 in the deed records of Waller County,
  Texas (W.C.D.R.);
         THENCE, coincident the east line of aforesaid 1.9921 acre
  tract, North 01 degrees 14 minutes 00 seconds West, a distance of
  415.06 feet to a 1/2 inch iron rod found for the northeast corner of
  said 1.9921 acre tract;
         THENCE, coincident the north line of aforesaid 1.9921 acre
  tract, South 88 degrees 29 minutes 13 seconds West, a distance of
  212.89 feet to a 5/8 inch iron rod found for the northwest corner of
  said 1.9921 acre tract being the most northerly southwest corner of
  the herein described tract and in the east line of a called 19.36
  acre tract of record in the name of Katy Prairie Conservation in
  Volume 0610, Page 049, O.R.W.C.T. & Volume 0514, Page 926,
  O.R.W.C.T.;
         THENCE, coincident the west line of aforesaid 176.149 acre
  tract and the east line of aforesaid 19.36 acre tract, North 01
  degrees 45 minutes 05 seconds West, a distance of 2,462.65 feet to a
  5/8 inch iron rod found for the northwest corner of the herein
  described tract;
         THENCE, coincident the north line of the herein described
  tract, North 88 degrees 04 minutes 35 seconds East, a distance of
  2,397.95 feet to the POINT OF BEGINNING and containing 157.120
  acres of land.
         TRACT 2
         Being a tract or parcel of land containing 19.029 acres of
  land or 828,917 square feet, located in the H. & T. C. R. R. Company
  Survey, Section 107, Abstract 170, Waller County, Texas, Said
  19.029 acre tract being out of and a part of a 176.149 acre tract of
  record in the name of C-2 Pederson Road, LLC in Volume 1091, Page
  843 in Official Public Records of Waller County, Texas
  (O.R.W.C.T.), Said 19.029 acre tract being more particularly
  described as follows (bearings based on aforesaid deed):
         BEGINNING at a 1/2 inch iron rod found for the northeast
  corner of aforesaid 176.149 acre tract being in the south line of a
  called 454 acre tract of record in the name of R&Y Interest in
  Volume 0553, Page 096, O.R.W.C.T., and being the northeast corner
  of a called 21.713 acre tract of record in the name of R&Y Interest
  LTD, in Vol. 0553, Pg. 101, O.R.W.C.T.;
         THENCE, coincident the east line of aforesaid 176.149 acre
  tract and the west line of aforesaid 21.713 acre tract, South 01
  degrees 47 minutes 53 seconds East, a distance of 1,963.02 feet to a
  5/8 inch iron rod with "Gruller" cap set for the southeast corner of
  the herein described tract;
         THENCE, through and across aforesaid 176.149 acres, the
  following two (2) courses:
         1.  South 88 degrees 21 minutes 49 seconds West, a distance
  of 453.11 feet to a 5/8 inch iron rod with "Gruller" cap set for the
  southwest corner of the herein described tract;
         2.  North 00 degrees 00 minutes 35 seconds West, a distance
  of 1,961.84 feet to a 5/8 inch iron rod with "Gruller" cap set for
  the northwest corner of the herein described tract being in the
  north line of aforesaid 176.149 acre tract and the south line of
  aforesaid 454 acre tract;
         THENCE, coincident the north line of aforesaid 176.149 acres
  and the south line of aforesaid 454 acres, North 88 degrees 04
  minutes 39 seconds East, a distance of 391.88 feet to the POINT OF
  BEGINNING and containing 19.029 acres of land.
         SECTION 3.  (a)  The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor,
  lieutenant governor, and speaker of the house of representatives
  within the required time.
         (d)  The general law relating to consent by political
  subdivisions to the creation of districts with conservation,
  reclamation, and road powers and the inclusion of land in those
  districts has been complied with.
         (e)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act have been
  fulfilled and accomplished.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
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