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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties to designate a county |
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water recreation safety zone along certain rivers; authorizing a |
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fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 10, Local Government Code, is |
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amended by adding Chapter 328 to read as follows: |
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CHAPTER 328. COUNTY WATER RECREATION SAFETY ZONE ALONG CERTAIN |
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RIVERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 328.001. APPLICABILITY. This chapter applies only to |
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a county that borders or includes all or part of a river with |
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headwaters located on the campus of an institution of the Texas |
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State University System. |
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Sec. 328.002. DEFINITIONS. In this chapter: |
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(1) "Fee" means a county water recreation safety zone |
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fee authorized by Subchapter C. |
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(2) "Fund" means a county water recreation safety zone |
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fund created under Subchapter C. |
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(3) "Water-oriented recreational equipment" means |
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recreational equipment intended for use on a river or other body of |
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water, including a canoe, tube, raft, boat, or kayak. |
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(4) "Zone" means a county water recreation safety zone |
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designated under Subchapter B. |
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SUBCHAPTER B. DESIGNATION OF COUNTY WATER RECREATION SAFETY ZONE |
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Sec. 328.021. AUTHORITY TO DESIGNATE ZONE. (a) The |
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commissioners court of a county may designate a contiguous |
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geographic area located in the county that is adjacent to and |
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includes all or part of a river described by Section 328.001 as a |
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county water recreation safety zone. |
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(b) The commissioners court of a county may not designate a |
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zone under this subchapter unless the commissioners court first |
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complies with the requirements of Sections 328.023, 328.024, |
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328.025, and 328.026. |
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Sec. 328.022. PURPOSE OF ZONE. A county may designate a |
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zone only for the purpose of improving the public health, safety, |
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and welfare of: |
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(1) residents of the zone; and |
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(2) individuals who engage in recreational activities |
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in, on, or along a river described by Section 328.001 that is |
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located in the zone. |
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Sec. 328.023. PROPOSAL TO DESIGNATE ZONE. (a) The |
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commissioners court of a county: |
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(1) may propose the designation of a zone on the |
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commissioners court's own motion; and |
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(2) shall propose the designation of a zone if the |
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county clerk receives a written petition for the designation signed |
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by a number of registered voters of the county equal to at least |
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five percent of the votes received in the county in the most recent |
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gubernatorial general election. |
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(b) A proposal described by Subsection (a) must describe the |
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boundaries of the proposed zone with sufficient definiteness to |
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identify with ordinary and reasonable certainty the area included |
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in the zone. |
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Sec. 328.024. PRELIMINARY PLAN FOR FEES. Before conducting |
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a public hearing under Section 328.025, the commissioners court |
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must prepare a preliminary plan for the use of zone fees that the |
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county may impose. |
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Sec. 328.025. PUBLIC HEARING. (a) A commissioners court |
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that adopts a proposal to designate a zone must hold a public |
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hearing on the proposal and the preliminary plan for fees at which |
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members of the public are given the opportunity to be heard. |
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(b) The commissioners court must hold the hearing not |
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earlier than the 20th day or later than the 40th day after the date |
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the commissioners court adopts the proposal designating the zone. |
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(c) The county must publish notice of the public hearing in |
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a newspaper of general circulation in the county at least once each |
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week during the two weeks preceding the date of the hearing. |
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Sec. 328.026. ELECTION. (a) Following the public hearing |
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held under Section 328.025, the commissioners court shall order an |
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election on the question of designating the zone if the |
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commissioners court finds that the designation will serve the |
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purpose prescribed by Section 328.022. |
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(b) A commissioners court that orders an election under this |
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section must order the election to be held on the first uniform |
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election date that falls on or after the 78th day after the date the |
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public hearing is held. |
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(c) The order calling the election must allow voters in the |
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county to vote for or against the designation of the proposed zone. |
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(d) A county that holds an election under this section must |
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hold the election in the same manner as a general election of the |
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county. |
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Sec. 328.027. DESIGNATION OF ZONE. (a) The commissioners |
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court of a county in which the voters approve the designation of the |
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zone at an election held under this subchapter shall designate the |
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area as a zone. |
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(b) Not later than the fifth day after the date the |
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commissioners court adopts the order described by Section 328.026, |
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the county must send notice of the designation to the commissioners |
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court of each county authorized to designate a zone under this |
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chapter. |
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SUBCHAPTER C. COUNTY WATER RECREATION SAFETY ZONE FEE |
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Sec. 328.041. COUNTY WATER RECREATION SAFETY ZONE FEE. |
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(a) A commissioners court that has designated a zone under |
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Subchapter B may impose a county water recreation safety zone fee in |
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the zone as provided by this section. |
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(b) The commissioners court may impose the fee on: |
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(1) the rental of water-oriented recreational |
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equipment; |
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(2) the provision of shuttle service related to |
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water-oriented recreational activities: |
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(A) in the zone; or |
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(B) into or out of the zone; and |
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(3) a service for ingress or egress to a river |
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described by Section 328.001 that is located in the zone. |
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(c) The commissioners court may impose different fee rates |
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for different types of water-oriented recreational equipment or |
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services for which the county is authorized to impose the fee. The |
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commissioners court may not impose the fee at a rate greater than |
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four dollars per person for each: |
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(1) rental of water-oriented recreational equipment |
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in the zone; or |
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(2) if the person does not rent water-oriented |
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recreational equipment in the zone: |
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(A) use of a shuttle service described by |
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Subsection (b)(2); or |
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(B) service for ingress or egress to a river |
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described by Section 328.001 that is located in the zone. |
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(d) The commissioners court by order shall establish: |
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(1) procedures and deadlines for a person who collects |
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a fee under this subchapter to report and remit the fee; |
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(2) penalties and interest for failure to timely remit |
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a fee collected under this subchapter; and |
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(3) any other requirement necessary for the |
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administration of the fee imposed under this section. |
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Sec. 328.042. EXEMPTION. A county may not impose the fee |
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authorized by this subchapter on a transaction to which the United |
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States or this state is a party. |
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Sec. 328.043. COLLECTION AND REMITTANCE OF FEE. (a) A |
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person who rents water-oriented recreational equipment under |
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Section 328.041(b)(1) to another person or who provides a service |
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described by Section 328.041(b)(2) or (3) to that person shall |
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collect the fee imposed under this subchapter from the other person |
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and shall report and remit the fee to the county in the manner |
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prescribed by the county. |
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(b) A person responsible for collecting the fee is liable to |
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the county for the amount of the fee required to be collected under |
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this section. |
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Sec. 328.044. COUNTY WATER RECREATION SAFETY ZONE FUND. |
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(a) A county in which the commissioners court has designated a |
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zone under Subchapter B must create and maintain a county water |
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recreation safety zone fund as a separate account in a depository |
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authorized to accept deposits of county public funds. |
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(b) The county shall deposit all fee revenue remitted to the |
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county under this subchapter to the credit of the fund. |
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(c) A county may not use fee revenue deposited to the credit |
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of the fund for a purpose other than the purpose prescribed by |
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Section 328.045. |
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Sec. 328.045. USE OF FEE REVENUE. A county may use fee |
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revenue deposited in the fund only to employ or contract with |
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additional peace officers, as defined by Article 2.12, Code of |
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Criminal Procedure, to provide law enforcement in the zone. |
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SUBCHAPTER D. DISSOLUTION OF ZONE |
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Sec. 328.061. DISSOLUTION OF ZONE. (a) The commissioners |
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court of a county that has designated a zone under Subchapter B: |
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(1) may propose the dissolution of the zone on the |
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commissioners court's own motion; and |
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(2) shall propose the dissolution of the zone if the |
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county clerk receives a written petition for the dissolution of the |
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zone signed by a number of the registered voters of the county equal |
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to at least 10 percent of the votes received in the county in the |
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most recent gubernatorial general election. |
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(b) A commissioners court that adopts a proposal for the |
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dissolution of a zone must hold a public hearing on the proposal in |
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the manner prescribed by Section 328.025. |
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(c) After the public hearing, the commissioners court shall |
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order the dissolution of the zone if the commissioners court finds |
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that the dissolution is in the best interest of the county. |
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SUBCHAPTER E. EXPIRATION OF AUTHORITY TO DESIGNATE ZONE |
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Sec. 328.081. EXPIRATION OF AUTHORITY TO DESIGNATE ZONE. A |
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commissioners court may not designate a zone under this chapter |
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after August 31, 2019, if the commissioners court has not |
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designated a zone before that date. |
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SECTION 2. 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, 2017. |