Texas 2009 - 81st Regular

Texas House Bill HB1389 Compare Versions

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1	1	81R8455 AJA-F
2	2	By: Davis of Dallas H.B. No. 1389
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the acquisition of real property for public use.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 373.002(b), Local Government Code, is
10	10	amended to read as follows:
11	11	(b) Activities conducted under this chapter are directed
12	12	toward the following purposes:
13	13	(1) elimination of [slums and] areas affected by
14	14	blight;
15	15	(2) prevention of blighting influences and of the
16	16	deterioration of property and neighborhood and community
17	17	facilities important to the welfare of the community;
18	18	(3) elimination of conditions detrimental to the
19	19	public health, safety, and welfare;
20	20	(4) expansion and improvement of the quantity and
21	21	quality of community services essential for the development of
22	22	viable urban communities;
23	23	(5) more rational use of land and other natural
24	24	resources;
25	25	(6) improved arrangement of residential, commercial,
26	26	industrial, recreational, and other necessary activity centers;
27	27	(7) restoration and preservation of properties of
28	28	special value for historic, architectural, or aesthetic reasons;
29	29	(8) reduction of the isolation of income groups in
30	30	communities and geographical areas, promotion of increased
31	31	diversity and vitality of neighborhoods through spatial
32	32	deconcentration of housing opportunities for persons of low and
33	33	moderate income, and revitalization of deteriorating or
34	34	deteriorated neighborhoods to attract persons of higher income; and
35	35	(9) alleviation of physical and economic distress
36	36	through the stimulation of private investment and community
37	37	revitalization in [slum or] blighted areas.
38	38	SECTION 2. Section 373.004, Local Government Code, is
39	39	amended to read as follows:
40	40	Sec. 373.004. GOALS OF PROGRAM. Through a community
41	41	development program, a municipality may conduct work or activities
42	42	designed to:
43	43	(1) improve the living and economic conditions of
44	44	persons of low and moderate income;
45	45	(2) benefit low or moderate income neighborhoods;
46	46	(3) aid in the prevention or elimination of [slums
47	47	and] blighted areas;
48	48	(4) aid a federally assisted new community; or
49	49	(5) meet other urgent community development needs,
50	50	including an activity or function specified for a community
51	51	development program that incorporates a federally assisted new
52	52	community.
53	53	SECTION 3. Section 373.006, Local Government Code, is
54	54	amended to read as follows:
55	55	Sec. 373.006. REQUIRED PROCEDURES BEFORE ADOPTION OF
56	56	COMMUNITY DEVELOPMENT PROGRAM. Before exercising powers under
57	57	Section 373.005, the governing body of the municipality must:
58	58	(1) identify areas of the municipality in which
59	59	predominantly low and moderate income persons reside and each unit
60	60	of real property in the municipality[,] that has the
61	61	characteristics of blight [are blighted or slum areas] or that is a
62	62	[are] federally assisted new community in the municipality
63	63	[communities];
64	64	(2) establish community development program areas in
65	65	which community development activities, building rehabilitation,
66	66	or the acquisition of privately owned buildings or land is
67	67	proposed;
68	68	(3) adopt, by resolution or ordinance, a plan under
69	69	which citizens may publicly comment on the proposed community
70	70	development program;
71	71	(4) conduct public hearings on the proposed program
72	72	before the 15th day before the date of its final adoption by the
73	73	governing body; and
74	74	(5) adopt the community development program by
75	75	resolution or ordinance.
76	76	SECTION 4. Sections 374.002(a) and (b), Local Government
77	77	Code, are amended to read as follows:
78	78	(a) The legislature finds that [slum and] blighted areas
79	79	exist in municipalities in this state and that those areas:
80	80	(1) are a serious and growing menace that is injurious
81	81	and inimical to the public health, safety, morals, and welfare of
82	82	the residents of this state;
83	83	(2) contribute substantially and increasingly to the
84	84	spread of disease and crime, requiring excessive and
85	85	disproportionate expenditures of public funds for the preservation
86	86	of the public health and safety, and for crime prevention,
87	87	correctional facilities, prosecution and punishment, treatment of
88	88	juvenile delinquency, and the maintenance of adequate police, fire,
89	89	and accident protection and other public services and facilities;
90	90	and
91	91	(3) constitute an economic and social liability,
92	92	substantially impair the sound growth of affected municipalities,
93	93	and retard the provision of housing accommodations.
94	94	(b) For these reasons, prevention and elimination of [slum
95	95	and] blighted areas are matters of state policy and concern that may
96	96	be best addressed by the combined action of private enterprise,
97	97	municipal regulation, and other public action through approved
98	98	urban renewal plans. The legislature further finds that the repair
99	99	and rehabilitation of buildings and other improvements in affected
100	100	areas, public acquisition of real property, demolition of buildings
101	101	and other improvements as necessary to eliminate [slum or] blight
102	102	conditions or to prevent the spread of those conditions, the
103	103	disposition of property acquired in affected areas and incidental
104	104	to the purposes stated by this subsection, and other public
105	105	assistance to eliminate those conditions are public purposes for
106	106	which public money may be spent and the power of eminent domain
107	107	exercised.
108	108	SECTION 5. Sections 374.003(3), (18), (25), (26), and (28),
109	109	Local Government Code, are amended to read as follows:
110	110	(3) "Blighted area" means a tract or unit of property
111	111	[an area] that presents four or more of the following conditions for
112	112	at least one year after the date on which notice of the conditions
113	113	is provided to the property owner as required by Section
114	114	374.018(a)(1) or (b):
115	115	(A) the property contains uninhabitable, unsafe,
116	116	or abandoned structures;
117	117	(B) the property has inadequate provisions for
118	118	sanitation;
119	119	(C) there exists on the property an imminent
120	120	danger to life or other property caused by fire, flood, hurricane,
121	121	tornado, earthquake, storm, or other natural catastrophe declared
122	122	to be a disaster under Section 418.014, Government Code, or
123	123	certified as a disaster for federal assistance under Section
124	124	418.021, Government Code;
125	125	(D) the property has been identified by the
126	126	United States Environmental Protection Agency as a superfund site
127	127	under the federal Comprehensive Environmental Response,
128	128	Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et
129	129	seq.) or as environmentally contaminated to an extent that the
130	130	property requires remedial investigation or a feasibility study;
131	131	(E) the property has been the location of
132	132	substantiated and repeated illegal activity of which the property
133	133	owner knew or should have known;
134	134	(F) the maintenance of the property is below
135	135	county or municipal standards;
136	136	(G) the property is abandoned and contains a
137	137	structure that is not fit for its intended use because the
138	138	utilities, sewerage, plumbing, or heating or a similar service or
139	139	facility of the structure has been disconnected, destroyed,
140	140	removed, or rendered ineffective; or
141	141	(H) the property presents an economic liability
142	142	to the immediate area because of deteriorating structures or
143	143	hazardous conditions [is not a slum area, but that, because of
144	144	deteriorating buildings, structures, or other improvements;
145	145	defective or inadequate streets, street layout, or accessibility;
146	146	unsanitary conditions; or other hazardous conditions, adversely
147	147	affects the public health, safety, morals, or welfare of the
148	148	municipality and its residents, substantially retards the
149	149	provision of a sound and healthful housing environment, or results
150	150	in an economic or social liability to the municipality. The term
151	151	includes an area certified as a disaster area as provided by Section
152	152	374.903].
153	153	(18) "Rehabilitation" means the restoration of
154	154	buildings or other structures to prevent deterioration of an area
155	155	that is tending to become a blighted area [or a slum area].
156	156	(25) "Urban renewal activities" includes [slum
157	157	clearance,] redevelopment, rehabilitation, and conservation
158	158	activities to prevent further deterioration of an area that is
159	159	tending to become a blighted [or slum] area. The term includes:
160	160	(A) the acquisition of all or part of a [slum area
161	161	or] blighted area or the acquisition of land that is predominantly
162	162	open and that, because of obsolete platting, diversity of
163	163	ownership, deterioration of structures or site improvements, or for
164	164	other reasons, substantially impairs or arrests the sound growth of
165	165	the community;
166	166	(B) the demolition and removal of buildings and
167	167	improvements;
168	168	(C) the installation, construction, or
169	169	reconstruction of streets, utilities, parks, playgrounds, and
170	170	other improvements necessary to fulfill urban renewal objectives in
171	171	accordance with an urban renewal plan;
172	172	(D) the disposition by the municipality of
173	173	property acquired in an urban renewal area for use in accordance
174	174	with an urban renewal plan, including the sale or initial lease of
175	175	the property at its fair value or the retention of the property;
176	176	(E) the implementation of plans for a program of
177	177	voluntary repair and rehabilitation of buildings or improvements in
178	178	accordance with an urban renewal plan; and
179	179	(F) the acquisition of real property in an urban
180	180	renewal area as necessary to remove or prevent the spread of blight
181	181	or deterioration or to provide land for needed public facilities.
182	182	(26) "Urban renewal area" means a [slum area,]
183	183	blighted area[, or a combination of those areas] that the governing
184	184	body of a municipality designates as appropriate for an urban
185	185	renewal project.
186	186	(28) "Urban renewal project" includes any of the
187	187	following activities undertaken in accordance with an urban renewal
188	188	plan:
189	189	(A) municipal activities in an urban renewal area
190	190	that are designed to eliminate or to prevent the development or
191	191	spread of [slums and] blighted areas;
192	192	(B) [slum clearance and redevelopment in an urban
193	193	renewal area;
194	194	[(C)] rehabilitation or conservation in an urban
195	195	renewal area;
196	196	(C) [(D)] development of open land that, because
197	197	of location or situation, is necessary for sound community growth
198	198	and that is to be developed, by replatting and planning, for
199	199	predominantly residential uses; or
200	200	(D) [(E)] any combination or part of the
201	201	activities described by Paragraphs (A)-(C) [(A)-(D)].
202	202	SECTION 6. Section 374.011, Local Government Code, is
203	203	amended by amending Subsection (a) and adding Subsection (d) to
204	204	read as follows:
205	205	(a) Except as provided by Section 374.012, a municipality
206	206	may not exercise a power granted under this chapter unless:
207	207	(1) the governing body of the municipality adopts a
208	208	resolution that finds that a [slum area or] blighted area exists in
209	209	the municipality and that the rehabilitation, the conservation, or
210	210	the [slum clearance and] redevelopment of the area is necessary for
211	211	the public health, safety, morals, or welfare of the residents of
212	212	the municipality; and
213	213	(2) a majority of the municipality's voters voting in
214	214	an election held as provided by Subsection (b) favor adoption of the
215	215	resolution.
216	216	(d) The governing body of the municipality must determine
217	217	that each unit of real property included in a resolution under
218	218	Subsection (a) has the characteristics of blight.
219	219	SECTION 7. Section 374.012(c), Local Government Code, is
220	220	amended to read as follows:
221	221	(c) The resolution ordering the election and the notice of
222	222	the election must contain:
223	223	(1) a complete legal description of each unit of
224	224	property [the area] included in the proposed project;
225	225	(2) a statement of the nature of the proposed project;
226	226	[and]
227	227	(3) a statement of the total amount of local funds to
228	228	be spent on the proposed project; and
229	229	(4) a statement that each unit of property has the
230	230	characteristics of blight.
231	231	SECTION 8. Section 374.013(a), Local Government Code, is
232	232	amended to read as follows:
233	233	(a) To further the urban renewal objectives of this chapter,
234	234	a municipality may formulate a workable program to use appropriate
235	235	private and public resources, including the resources specified by
236	236	Subsection (b), to encourage urban rehabilitation, to provide for
237	237	the redevelopment of [slum and] blighted areas, or to undertake
238	238	those activities or other feasible municipal activities as may be
239	239	suitably employed to achieve the objective of the program. The
240	240	program must specifically include provisions relating to:
241	241	(1) prevention, through diligent enforcement of
242	242	housing and occupancy controls and standards, of the expansion of
243	243	blight into areas of the municipality that are free from blight; and
244	244	(2) rehabilitation or conservation of [slum and]
245	245	blighted areas as far as practicable to areas that are free from
246	246	blight through replanning, removing congestion, providing parks,
247	247	playgrounds, and other public improvements, and encouraging
248	248	voluntary rehabilitation and requiring the repair and
249	249	rehabilitation of deteriorated or deteriorating structures[, and
250	250	the clearance and redevelopment of slum areas].
251	251	SECTION 9. Section 374.014(a), Local Government Code, is
252	252	amended to read as follows:
253	253	(a) A municipality may not prepare an urban renewal plan for
254	254	an area unless the governing body of the municipality has, by
255	255	resolution, declared the area to be a [slum area, a] blighted area[,
256	256	or both,] and has designated the area as appropriate for an urban
257	257	renewal project. The governing body may not approve an urban
258	258	renewal plan until a general plan has been prepared for the
259	259	municipality. A municipality may not acquire real property for an
260	260	urban renewal project until the governing body has approved the
261	261	urban renewal plan as provided by Subsection (d).
262	262	SECTION 10. Sections 374.015(a) and (d), Local Government
263	263	Code, are amended to read as follows:
264	264	(a) A municipality may exercise all powers necessary or
265	265	convenient to carry out the purposes of this chapter, including the
266	266	power to:
267	267	(1) conduct preliminary surveys to determine if
268	268	undertaking an urban renewal project is feasible;
269	269	(2) conduct urban renewal projects within its area of
270	270	operation;
271	271	(3) execute contracts and other instruments necessary
272	272	or convenient to the exercise of its powers under this chapter;
273	273	(4) provide, arrange, or contract for the furnishing
274	274	or repair by any person of services, privileges, works, streets,
275	275	roads, public utilities, or other facilities in connection with an
276	276	urban renewal project, including installation, construction, and
277	277	reconstruction of streets, utilities, parks, playgrounds, and
278	278	other public improvements necessary to carry out an urban renewal
279	279	project;
280	280	(5) acquire any real property, including
281	281	improvements, and any personal property necessary for
282	282	administrative purposes, that is necessary or incidental to an
283	283	urban renewal project, hold, improve, clear, or prepare the
284	284	property for redevelopment, mortgage or otherwise encumber or
285	285	dispose of the real property, insure or provide for the insurance of
286	286	real or personal property or municipal operations against any risk
287	287	or hazard and to pay premiums on that insurance, and enter any
288	288	necessary contracts;
289	289	(6) invest urban renewal project funds held in
290	290	reserves or sinking funds, or not required for immediate
291	291	disbursement, in property or securities in which banks may legally
292	292	invest funds subject to their control, redeem bonds issued under
293	293	Section 374.026 at the redemption price established in the bond, or
294	294	purchase those bonds at less than the redemption price, and cancel
295	295	the bonds redeemed or purchased;
296	296	(7) borrow money and apply for and accept advances,
297	297	loans, grants, contributions, and other forms of financial
298	298	assistance from the federal, state, or county government, other
299	299	public body, or other public or private sources for the purposes of
300	300	this chapter, give any required security, and make and carry out any
301	301	contracts in connection with the financial assistance;
302	302	(8) make plans necessary to carry out this chapter in
303	303	its area of operation, contract with any person in making and
304	304	carrying out the plans, and adopt, approve, modify or amend the
305	305	plans;
306	306	(9) develop, test, and report methods and techniques
307	307	for the prevention of [slums and] urban blight, conduct
308	308	demonstrations and other activities in connection with those
309	309	methods and techniques, and apply for, accept, and use federal
310	310	grants made for those purposes;
311	311	(10) prepare plans and provide reasonable assistance
312	312	for the relocation of persons displaced from an urban renewal
313	313	project area, including families, business concerns, and others, as
314	314	necessary to acquire possession and to clear the area in order to
315	315	conduct the urban renewal project;
316	316	(11) appropriate funds and make expenditures as
317	317	necessary to implement this chapter and, subject to Subsection (c),
318	318	levy taxes and assessments for that purpose;
319	319	(12) close, vacate, plan, or replan streets, roads,
320	320	sidewalks, ways, or other places, plan, replan, zone, or rezone any
321	321	part of the municipality and make exceptions from building
322	322	regulations, and enter agreements with an urban renewal agency
323	323	vested with urban renewal powers under Subchapter C, which may
324	324	extend over any period, restricting action to be taken by the
325	325	municipality under any of the powers granted under this chapter;
326	326	(13) organize, coordinate, and direct the
327	327	administration of this chapter within the area of operation as
328	328	those provisions apply to the municipality to most effectively
329	329	promote and achieve the purposes of this chapter and establish new
330	330	municipal offices or reorganize existing offices as necessary to
331	331	most effectively implement those purposes; and
332	332	(14) issue tax increment bonds.
333	333	(d) A [Except as provided by Section 374.016, a]
334	334	municipality may acquire by condemnation any interest in real
335	335	property, including a fee simple interest, that the municipality
336	336	considers necessary for or in connection with an urban renewal
337	337	project. Property dedicated to a public use may be acquired in that
338	338	manner, except that property belonging to the state or to a
339	339	political subdivision of the state may not be acquired without the
340	340	consent of the state or political subdivision.
341	341	SECTION 11. Section 374.017(d), Local Government Code, is
342	342	amended to read as follows:
343	343	(d) Real property or an interest in real property subject to
344	344	this section may only be sold, leased, or otherwise transferred or
345	345	retained at not less than the fair value of the property for uses in
346	346	accordance with the urban renewal plan. In determining the fair
347	347	value, the municipality shall consider:
348	348	(1) the uses provided in the urban renewal plan;
349	349	(2) any restrictions on and any covenants, conditions,
350	350	and obligations assumed by the purchaser, lessee, or municipality
351	351	in retaining the property;
352	352	(3) the objectives of the plan for the prevention of
353	353	the recurrence of [slums or] blighted areas; and
354	354	(4) any other matters that the municipality specifies
355	355	as appropriate.
356	356	SECTION 12. Subchapter B, Chapter 374, Local Government
357	357	Code, is amended by adding Sections 374.018 and 374.019 to read as
358	358	follows:
359	359	Sec. 374.018. LIMITATIONS ON CHARACTERIZATIONS OF BLIGHT.
360	360	(a) Notwithstanding any other law, an area may not be considered a
361	361	blighted area based on a condition described by Section 374.003
362	362	unless:
363	363	(1) the municipality has given notice in writing to
364	364	the property owner by first class mail regarding the condition to
365	365	the:
366	366	(A) last known address of the property owner; and
367	367	(B) physical address of the property; and
368	368	(2) the property owner fails to take reasonable
369	369	measures to remedy the condition.
370	370	(b) If a mailing address for the property owner cannot be
371	371	determined, the municipality shall post notice in writing regarding
372	372	the condition in a conspicuous place on the property.
373	373	(c) An area may not be considered a blighted area solely for
374	374	an aesthetic reason.
375	375	(d) A determination by a municipality that a unit of real
376	376	property has the characteristics of blight is valid for two years.
377	377	(e) After the two-year period prescribed by Subsection (d),
378	378	a municipality may make a new determination that the unit of real
379	379	property has the characteristics of blight and redesignate the unit
380	380	of real property as a blighted area for another two-year period.
381	381	(f) A municipality may remove a determination of blight
382	382	under this chapter if the municipality finds that the property
383	383	owner has remedied the condition that was the basis for the
384	384	determination.
385	385	Sec. 374.019. COMMON OWNER PROPERTY. For the purposes of
386	386	this chapter and Chapter 21, Property Code, if a municipality
387	387	determines that two or more contiguous units of real property that
388	388	are owned by the same person have the characteristics of blight, the
389	389	municipality may treat those units of property as one unit of
390	390	property.
391	391	SECTION 13. Section 374.021(b), Local Government Code, is
392	392	amended to read as follows:
393	393	(b) In this section, "urban renewal project powers"
394	394	includes the rights, powers, functions, and duties of a
395	395	municipality under this chapter. The term does not include the
396	396	power to:
397	397	(1) determine an area as a [slum area,] blighted
398	398	area[, or both] and to designate that area as appropriate for an
399	399	urban renewal project;
400	400	(2) approve and amend urban renewal plans and hold
401	401	public hearings relating to those plans;
402	402	(3) establish a general plan for the locality as a
403	403	whole;
404	404	(4) establish a workable program under Section
405	405	374.013;
406	406	(5) make determinations and findings under Section
407	407	374.011(a), 374.013(b), or 374.014(d);
408	408	(6) issue general obligation bonds; and
409	409	(7) appropriate funds, levy taxes and assessments, and
410	410	exercise other functions under Subdivisions (11) and (12) of
411	411	Section 374.015(a).
412	412	SECTION 14. Section 2206.001(b), Government Code, is
413	413	amended to read as follows:
414	414	(b) A governmental or private entity may not take private
415	415	property through the use of eminent domain if the taking:
416	416	(1) confers a private benefit on a particular private
417	417	party through the use of the property;
418	418	(2) is for a public use that is merely a pretext to
419	419	confer a private benefit on a particular private party; or
420	420	(3) is for economic development purposes, unless the
421	421	economic development results [is a secondary purpose resulting]
422	422	from municipal community development or municipal urban renewal
423	423	activities to eliminate an existing affirmative harm on society
424	424	from [slum or] blighted areas under:
425	425	(A) Chapter 373 or 374, Local Government Code,
426	426	other than an activity described by Section 373.002(b)(5), Local
427	427	Government Code; or
428	428	(B) Section 311.005(a)(1)(I), Tax Code.
429	429	SECTION 15. Section 21.041, Property Code, is amended to
430	430	read as follows:
431	431	Sec. 21.041. EVIDENCE. As the basis for assessing actual
432	432	damages to a property owner from a condemnation, the special
433	433	commissioners shall admit evidence on:
434	434	(1) the value of the property being condemned;
435	435	(2) the injury to the property owner, including, if
436	436	the condemnation makes relocation of a homestead or farm necessary,
437	437	the financial damages associated with the cost of relocating from
438	438	the condemned property to another property that allows the property
439	439	owner, without the necessity of incurring an amount of debt, debt
440	440	service, or total projected interest obligation that is higher than
441	441	the property owner was subject to immediately before the
442	442	condemnation, to:
443	443	(A) have a standard of living comparable to the
444	444	property owner's standard of living immediately before the
445	445	condemnation, if the condemned property is a homestead that is
446	446	habitable; or
447	447	(B) operate a comparable farm, if the condemned
448	448	property is a farm;
449	449	(3) the benefit to the property owner's remaining
450	450	property; and
451	451	(4) the use of the property for the purpose of the
452	452	condemnation.
453	453	SECTION 16. Section 21.042(d), Property Code, is amended to
454	454	read as follows:
455	455	(d) In estimating injury or benefit under Subsection (c),
456	456	the special commissioners shall consider an injury or benefit that
457	457	is peculiar to the property owner, including the property owner's
458	458	financial damages described by Section 21.041(2), and that relates
459	459	to the property owner's ownership, use, or enjoyment of the
460	460	particular parcel of real property, but they may not consider an
461	461	injury or benefit that the property owner experiences in common
462	462	with the general community.
463	463	SECTION 17. Sections 21.046(a) and (b), Property Code, are
464	464	amended to read as follows:
465	465	(a) A department, agency, instrumentality, or political
466	466	subdivision of this state shall [may] provide a relocation advisory
467	467	service for an individual, a family, a business concern, a farming
468	468	or ranching operation, or a nonprofit organization that [if the
469	469	service] is compatible with the federal [Federal] Uniform
470	470	Relocation Assistance and Real Property Acquisition Policies Act of
471	471	1970 (42 U.S.C. Section 4601 et seq.) [Advisory Program, 23
472	472	U.S.C.A. 501, et seq].
473	473	(b) This state or a political subdivision of this state
474	474	shall [may], as a cost of acquiring real property, pay moving
475	475	expenses and rental supplements, make relocation payments, provide
476	476	financial assistance to acquire replacement housing, and
477	477	compensate for expenses incidental to the transfer of the property
478	478	if an individual, a family, the personal property of a business, a
479	479	farming or ranching operation, or a nonprofit organization is
480	480	displaced in connection with the acquisition.
481	481	SECTION 18. The following provisions of the Local
482	482	Government Code are repealed:
483	483	(1) Section 374.003(19); and
484	484	(2) Section 374.016.
485	485	SECTION 19. The changes in law made by this Act to Sections
486	486	21.041 and 21.042, Property Code, apply only to a condemnation
487	487	proceeding in which the petition is filed on or after the effective
488	488	date of this Act. A condemnation proceeding in which the petition
489	489	is filed before the effective date of this Act is governed by the
490	490	law in effect immediately before the effective date of this Act, and
491	491	that law is continued in effect for that purpose.
492	492	SECTION 20. This Act takes effect immediately if it
493	493	receives a vote of two-thirds of all the members elected to each
494	494	house, as provided by Section 39, Article III, Texas Constitution.
495	495	If this Act does not receive the vote necessary for immediate
496	496	effect, this Act takes effect September 1, 2009.