Texas 2009 - 81st Regular

Texas House Bill HB2620 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4336 SGA-F
2	2	By: Frost H.B. No. 2620
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation, administration, powers, duties, and
8	8	operation of the Riverbend Water Resources District; providing
9	9	authority to issue bonds and exercise the power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 6, Special District Local Laws Code, is
12	12	amended by adding Subtitle L to read as follows:
13	13	SUBTITLE L. MUNICIPAL WATER DISTRICTS
14	14	CHAPTER 9601. RIVERBEND WATER RESOURCES DISTRICT
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 9601.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the board of directors of the
18	18	district.
19	19	(2) "Bond" has the meaning assigned to the term
20	20	"public security" by Section 1202.001, Government Code.
21	21	(3) "Director" means a person appointed to the board.
22	22	(4) "District" means the Riverbend Water Resources
23	23	District.
24	24	(5) "Member" means a municipality, county, or other
25	25	political subdivision that is a member of the district as provided
26	26	by Section 9601.005.
27	27	Sec. 9601.002. NATURE OF DISTRICT. The district is a
28	28	conservation and reclamation district created under and essential
29	29	to accomplish the purposes of Section 59, Article XVI, Texas
30	30	Constitution.
31	31	Sec. 9601.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
32	32	The district is created to serve a public use and benefit.
33	33	(b) All land and other property included in the boundaries
34	34	of the district will benefit from the works and projects
35	35	accomplished by the district under the powers conferred by Section
36	36	59, Article XVI, Texas Constitution.
37	37	(c) The accomplishment of the purposes stated in this
38	38	chapter is for the benefit of the people of this state and the
39	39	improvement of their property and industries and will foster and
40	40	encourage economic development in this state.
41	41	(d) The district, in carrying out the purposes of this
42	42	chapter, will be performing an essential public function under the
43	43	constitution.
44	44	Sec. 9601.004. LIBERAL CONSTRUCTION OF CHAPTER. This
45	45	chapter shall be liberally construed to effect the purposes,
46	46	powers, rights, and functions stated in this chapter.
47	47	Sec. 9601.005. DISTRICT MEMBERS. (a) The district is
48	48	composed of the following members:
49	49	(1) the City of Annona;
50	50	(2) the City of Avery;
51	51	(3) the City of DeKalb;
52	52	(4) the City of Hooks;
53	53	(5) the City of Maud;
54	54	(6) the City of New Boston;
55	55	(7) the City of Texarkana, Texas;
56	56	(8) the City of Wake Village; and
57	57	(9) the Red River Redevelopment Authority.
58	58	(b) After receipt of a petition from the governing body of a
59	59	municipality, county, or other political subdivision that desires
60	60	to join the district, the board may add a member to the district, on
61	61	terms determined by the board to be in the best interests of the
62	62	district.
63	63	(c) A member's withdrawal from the district or the cessation
64	64	of existence of a member does not affect the validity of the
65	65	district or any of the district's powers or duties.
66	66	Sec. 9601.006. DISTRICT TERRITORY. (a) The territory of the
67	67	district is composed of all the territory contained in:
68	68	(1) the cities of Annona, Avery, DeKalb, Hooks, Maud,
69	69	New Boston, Texarkana, Texas, and Wake Village; and
70	70	(2) the Red River Redevelopment Authority, the
71	71	boundaries of which are described by Section 3503.004, including
72	72	territory that may be added under Section 3503.005.
73	73	(b) The territory of the district also includes all of the
74	74	territory:
75	75	(1) of any municipality, county, or other political
76	76	subdivision that joins the district as a member; and
77	77	(2) added to the territory of a member by annexation or
78	78	other means.
79	79	(c) A defect in the description of the boundaries of a
80	80	member or in any past or future proceedings for the annexation of
81	81	territory by a member does not affect the validity, powers, or
82	82	duties of the district.
83	83	Sec. 9601.007. CONFIRMATION ELECTION NOT REQUIRED. (a)
84	84	The board is not required to hold an election to confirm the
85	85	district's creation.
86	86	(b) Sections 49.101-49.105, Water Code, do not apply to the
87	87	district.
88	88	[Sections 9601.008-9601.050 reserved for expansion]
89	89	SUBCHAPTER B. BOARD OF DIRECTORS
90	90	Sec. 9601.051. COMPOSITION OF BOARD; TERMS. (a) The
91	91	district is governed by its board.
92	92	(b) The governing body of each member shall appoint a
93	93	director to represent the member on the board and shall promptly
94	94	fill a vacancy in that board position in accordance with the
95	95	member's policies, resolutions, and procedures.
96	96	(c) Except as provided by Subsection (d), directors serve
97	97	staggered terms of four years.
98	98	(d) A director who is also an elected official of a
99	99	political subdivision serves for a term coinciding with the term of
100	100	the elected office.
101	101	(e) The board shall determine the method of staggering the
102	102	terms of the directors.
103	103	(f) A director may serve consecutive terms.
104	104	Sec. 9601.052. QUALIFICATIONS FOR OFFICE. To be eligible to
105	105	be appointed or to serve as a director, a person must be a resident,
106	106	qualified voter of the district.
107	107	Sec. 9601.053. BOARD RESOLUTIONS; VOTING REQUIREMENTS. (a)
108	108	The district shall act through orders or resolutions adopted by the
109	109	board.
110	110	(b) All directors are entitled to vote.
111	111	Sec. 9601.054. OFFICERS AND ASSISTANTS. (a) The board
112	112	shall elect a president, vice president, secretary, and treasurer.
113	113	(b) The board shall elect the president and vice president
114	114	from among the directors.
115	115	(c) The president and vice president serve for a one-year
116	116	term.
117	117	(d) The offices of secretary and treasurer:
118	118	(1) may be held by one person; and
119	119	(2) are not required to be held by a director.
120	120	(e) The board may appoint one or more assistant officers who
121	121	are not required to be directors.
122	122	(f) A person may not concurrently hold the offices of board
123	123	president and secretary.
124	124	Sec. 9601.055. MEETINGS. The board shall have regular
125	125	meetings at times specified by board resolution or bylaws and shall
126	126	have special meetings when called by the board president or by a
127	127	number of directors that is equal to or greater than the number of
128	128	directors that is one less than a majority of the board.
129	129	Sec. 9601.056. TELEPHONE CONFERENCE CALL MEETINGS. (a) The
130	130	board may hold an open or closed meeting by telephone conference
131	131	call only if:
132	132	(1) the meeting is a special called meeting;
133	133	(2) immediate action is required; and
134	134	(3) convening a quorum of the board at one location is
135	135	difficult or impossible.
136	136	(b) A telephone conference call meeting is subject to the
137	137	notice requirements applicable to other meetings of the board.
138	138	(c) Each part of a telephone conference call meeting that is
139	139	required to be open to the public shall be made audible to the
140	140	public at the location specified in the notice of the meeting as the
141	141	location of the meeting.
142	142	(d) The location designated in the notice as the location of
143	143	the meeting shall provide two-way communication during the entire
144	144	telephone conference call meeting, and the identification of each
145	145	party to the telephone conference shall be clearly stated prior to
146	146	speaking.
147	147	(e) Section 551.125, Government Code, does not apply to a
148	148	meeting held under this section.
149	149	Sec. 9601.057. RECALL. A director may be recalled at any
150	150	time by the governing body of the member that appointed the
151	151	director.
152	152	Sec. 9601.058. COMPENSATION; REIMBURSEMENT. A director is
153	153	not entitled to compensation for service on the board but is
154	154	entitled to be reimbursed for necessary expenses incurred in the
155	155	performance of official duties.
156	156	Sec. 9601.059. BOARD POSITION NOT A CIVIL OFFICE OF
157	157	EMOLUMENT. (a) A position on the board may not be construed to be a
158	158	civil office of emolument for any purpose, including a purpose
159	159	described in Section 40, Article XVI, Texas Constitution.
160	160	(b) An elected official of any county, municipality, or
161	161	other political subdivision in the territory of the district may be
162	162	appointed to and serve on the board as a director without penalty or
163	163	forfeiture of office.
164	164	[Sections 9601.060-9601.100 reserved for expansion]
165	165	SUBCHAPTER C. POWERS AND DUTIES
166	166	Sec. 9601.101. GENERAL POWERS. Except as provided by this
167	167	chapter, the district may exercise the powers applicable to a
168	168	district under Chapter 49, Water Code.
169	169	Sec. 9601.102. SPECIFIC POWERS. The district may exercise
170	170	any power necessary or appropriate to achieve the purposes of this
171	171	chapter, including the power to:
172	172	(1) adopt and enforce:
173	173	(A) a trade name or trademark;
174	174	(B) bylaws and rules for the conduct of the
175	175	affairs of the district;
176	176	(C) any rule that a water control and improvement
177	177	district may adopt and enforce in accordance with Sections
178	178	51.127-51.130, Water Code; and
179	179	(D) specific rates, charges, fees, or rentals,
180	180	and reasonable rules and regulations, for providing any district
181	181	commodity, facility, or service;
182	182	(2) in the manner and to the extent permitted by this
183	183	chapter:
184	184	(A) borrow money for a district purpose;
185	185	(B) enter into an agreement in connection with
186	186	the borrowing;
187	187	(C) issue bonds for money borrowed;
188	188	(D) provide for and secure the payment of the
189	189	bonds; and
190	190	(E) provide for the rights of the holders of the
191	191	bonds;
192	192	(3) acquire any and all storage rights and storage
193	193	capacity in a reservoir or other water source inside or outside the
194	194	boundaries of the district, and acquire the right to take water from
195	195	that reservoir or source, subject to the rights or permits held by
196	196	municipalities or other persons, and in accordance with any
197	197	contract or contracts that the district may make with the United
198	198	States, any state of the United States, or any political
199	199	subdivision of any state of the United States, in reference to those
200	200	rights;
201	201	(4) construct, acquire, own, finance, operate,
202	202	maintain, sell, lease as lessor or lessee, dispose of, or otherwise
203	203	use any work, plant, or other district facility as defined by
204	204	Section 49.001, Water Code, inside or outside the boundaries of the
205	205	district, that the board determines is necessary or useful for the
206	206	exercise of a district power; and
207	207	(5) pledge all or part of district revenue to the
208	208	payment of district obligations under a contract or agreement to
209	209	the same extent and on the same conditions as the district may
210	210	pledge revenue to secure district bonds.
211	211	Sec. 9601.103. GENERAL POWERS REGARDING WATER. The
212	212	district has all rights, powers, and privileges necessary or useful
213	213	to enable it to acquire, provide, supply, deliver, and sell water,
214	214	whether processed or unprocessed, raw or potable, inside or
215	215	outside its boundaries to any person for any beneficial purpose.
216	216	Sec. 9601.104. AUTHORITY OF PUBLIC AGENCIES AND POLITICAL
217	217	SUBDIVISIONS TO CONTRACT WITH DISTRICT. (a) A public agency or a
218	218	county, municipality, or other political subdivision of this state
219	219	or another state may enter into a contract or agreement with the
220	220	district, on terms agreed to by the parties, for:
221	221	(1) the purchase or sale of water;
222	222	(2) waste collection, transportation, processing, or
223	223	disposal; or
224	224	(3) any purpose relating to the district's powers or
225	225	functions.
226	226	(b) A contract or agreement under this section must comply
227	227	with Chapter 791, Government Code.
228	228	(c) A provision of district services or facilities to a
229	229	member or an exercise of district power regarding a member's retail
230	230	services may only be made through a contract between the district
231	231	and the member under this section.
232	232	Sec. 9601.105. CONVEYANCE OF PROPERTY TO DISTRICT. A public
233	233	agency or a county, municipality, or other political subdivision of
234	234	this state may lease, sell, or otherwise convey to the district, for
235	235	any consideration that the parties agree is adequate, any of its
236	236	land, improvements, property, plants, lines, or other facilities
237	237	related to:
238	238	(1) the supply, delivery, or sale of water;
239	239	(2) waste collection, transportation, processing, or
240	240	disposal; or
241	241	(3) garbage collection or disposal.
242	242	Sec. 9601.106. ACQUISITION OF EXISTING FACILITIES. If the
243	243	district acquires existing works, improvements, facilities,
244	244	plants, equipment, or appliances that are completed, partially
245	245	created, or under construction, the district may:
246	246	(1) assume the contracts and obligations of the
247	247	previous owner; and
248	248	(2) perform the obligations of the previous owner in
249	249	the same manner and to the same extent that any other purchaser or
250	250	assignee would be bound.
251	251	[Sections 9601.107-9601.150 reserved for expansion]
252	252	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
253	253	Sec. 9601.151. PROHIBITION ON ASSESSMENTS OR TAXES. (a)
254	254	The district may not under this chapter or any other law impose an
255	255	assessment on real property or an ad valorem tax or create a debt
256	256	payable from an assessment on real property or an ad valorem tax.
257	257	(b) Sections 49.106-49.108, Water Code, do not apply to the
258	258	district.
259	259	Sec. 9601.152. DEPOSITORY. District money shall be
260	260	deposited in the depository or depositories designated by the
261	261	board, except that:
262	262	(1) bond proceeds and money pledged to pay bonds, to
263	263	the extent provided in the proceedings authorizing the issuance of
264	264	bonds, or the trust indenture securing the bonds, may be deposited
265	265	with another depository or trustee named in the proceedings or
266	266	trust indenture; and
267	267	(2) money shall be remitted to each paying agent for
268	268	the payment of principal of and interest on the bonds.
269	269	Sec. 9601.153. INVESTMENT OF DISTRICT MONEY. (a) Chapter
270	270	2256, Government Code, applies to the district and the investment
271	271	of district funds and funds under district control.
272	272	(b) The board may invest bond proceeds in a manner
273	273	determined by the board or in the manner permitted or required in
274	274	the proceedings authorizing the issuance of bonds or in the trust
275	275	indenture securing the bonds.
276	276	Sec. 9601.154. DISTRICT FACILITIES EXEMPT FROM TAXATION AND
277	277	ASSESSMENT. The district is not required to pay a tax or assessment
278	278	on its facilities or any part of its facilities.
279	279	[Sections 9601.155-9601.200 reserved for expansion]
280	280	SUBCHAPTER E. BONDS
281	281	Sec. 9601.201. AUTHORITY TO ISSUE BONDS. (a) The district
282	282	by resolution may authorize the issuance of bonds payable from and
283	283	secured by revenue or any other available source of district money
284	284	to carry out a power conferred by this chapter. Bonds issued by the
285	285	district are not a direct obligation of any member.
286	286	(b) The bonds must be issued in the manner and under the
287	287	terms of the proceedings authorizing the issuance of the bonds.
288	288	(c) Bonds may be issued by the district without an election.
289	289	(d) Sections 49.181-49.186, Water Code, do not apply to the
290	290	district.
291	291	Sec. 9601.202. FORM OF BONDS. District bonds must be:
292	292	(1) issued in the district's name; and
293	293	(2) signed by the officers of the district in
294	294	accordance with the proceedings authorizing the issuance of the
295	295	bonds.
296	296	Sec. 9601.203. MATURITY. District bonds must mature not
297	297	later than 50 years after the date of their issuance.
298	298	Sec. 9601.204. BONDS SECURED BY REVENUE; ADDITIONAL BONDS.
299	299	(a) Bonds may be secured by a pledge of all or part of the district's
300	300	revenue, or by all or part of the payments or rentals under one or
301	301	more contracts or leases specified by the proceedings authorizing
302	302	the issuance of the bonds.
303	303	(b) The proceedings authorizing the issuance of bonds
304	304	secured by a pledge of revenue of all or part of the district's
305	305	facilities may provide that the district shall first pay the
306	306	expenses of operating and maintaining all or part of the facilities
307	307	as the board considers appropriate before paying the principal of
308	308	and interest on the bonds.
309	309	(c) In the proceedings authorizing the issuance of bonds
310	310	secured by revenue, contract payments, or lease rentals, the
311	311	district may reserve the right, under conditions specified by the
312	312	proceedings, to issue additional bonds that will be on a parity
313	313	with, superior to, or subordinate to the bonds then being issued.
314	314	Sec. 9601.205. ADDITIONAL SECURITY. (a) At the discretion
315	315	of the board, bonds may be additionally secured by a deed of trust
316	316	or mortgage lien on all or part of the district's physical
317	317	property, facilities, easements, water rights and appropriation
318	318	permits, leases, contracts, and all rights appurtenant to the
319	319	property, vesting in the trustee power to:
320	320	(1) sell the property for the payment of the bonds;
321	321	(2) operate the property; and
322	322	(3) take other action to further secure the bonds.
323	323	(b) A purchaser under a sale under the deed of trust lien, if
324	324	one is given, is:
325	325	(1) the absolute owner of the property, facilities,
326	326	and rights purchased; and
327	327	(2) entitled to maintain and operate the property,
328	328	facilities, and rights.
329	329	Sec. 9601.206. DELEGATION OF AUTHORITY. (a) In connection
330	330	with the issuance of bonds, the board may:
331	331	(1) prescribe the maximum principal amount of bonds to
332	332	be issued and the maximum rate of interest the bonds may bear;
333	333	(2) recite the public purpose for which the bonds are
334	334	to be issued;
335	335	(3) delegate to any officer or employee of the
336	336	district the authority to effect the sale of the bonds; and
337	337	(4) determine the period during which the delegation
338	338	authority under Subdivision (3) may be exercised.
339	339	(b) In exercising the authority delegated by the board to an
340	340	officer or employee, the officer or employee may establish the
341	341	terms and details related to the issuance and sale of the bonds,
342	342	including:
343	343	(1) the form and designation of the bonds;
344	344	(2) the principal amount of the bonds and the amount of
345	345	the bonds to mature in each year;
346	346	(3) the dates, price, interest rates, interest payment
347	347	dates, principal payment dates, and redemption features of the
348	348	bonds;
349	349	(4) the execution of agreements determined by the
350	350	officer or employee to be necessary in connection with the issuance
351	351	of the bonds; and
352	352	(5) any other details relating to the issuance and
353	353	sale of the bonds as specified by the board in the proceedings
354	354	authorizing the issuance of the bonds.
355	355	(c) A finding or determination made by an officer or
356	356	employee acting under the authority delegated to the officer or
357	357	employee has the same force and effect as a finding or determination
358	358	made by the board.
359	359	Sec. 9601.207. TRUST INDENTURE. District bonds authorized
360	360	by this chapter, including refunding bonds, may be additionally
361	361	secured by a trust indenture. The trustee may be a bank with trust
362	362	powers that is located inside or outside the state.
363	363	Sec. 9601.208. CREDIT AGREEMENT. In connection with the
364	364	issuance of bonds under this chapter, the board may exercise the
365	365	authority granted to the governing body of an issuer with regard to
366	366	the execution and delivery of a credit agreement under Chapter
367	367	1371, Government Code.
368	368	Sec. 9601.209. CHARGES FOR DISTRICT SERVICES. If bonds
369	369	payable wholly from revenue are issued, the board shall set and
370	370	revise the rates, fees, and charges assessed for water sold, waste
371	371	collection and treatment services provided, and garbage collection
372	372	services provided by the district. The rates, fees, and charges
373	373	must be sufficient to:
374	374	(1) pay the expense of operating and maintaining the
375	375	district facilities that generate the revenue from which the bonds
376	376	may or will be paid;
377	377	(2) pay the principal of and interest on the bonds when
378	378	due; and
379	379	(3) maintain the reserve fund and other funds as
380	380	provided in the proceedings authorizing the issuance of bonds or
381	381	the trust indenture securing the bonds.
382	382	Sec. 9601.210. STATE PLEDGE REGARDING RIGHTS AND REMEDIES
383	383	OF BONDHOLDERS. Without depriving this state of its power to
384	384	regulate and control the rates, fees, and charges assessed for
385	385	water sold and waste collection and treatment services provided by
386	386	the district, the state pledges to and agrees with the holders of
387	387	district bonds that the state will not exercise its power to
388	388	regulate and control the rates, fees, and charges in any way that
389	389	would impair the rights or remedies of the holders of the bonds.
390	390	Sec. 9601.211. USE OF BOND PROCEEDS. In addition to the
391	391	permitted use of bond proceeds provided by general law, the
392	392	district may use proceeds from the sale of bonds:
393	393	(1) for the payment of interest on the bonds while the
394	394	project or facility is being acquired or constructed and for the
395	395	year after it is acquired or constructed;
396	396	(2) for the operation and maintenance of the project
397	397	or facility during the estimated period of acquisition or
398	398	construction of the project or facility and for one year after it is
399	399	acquired or constructed;
400	400	(3) for a debt service reserve fund;
401	401	(4) for other funds as may be provided in the
402	402	proceedings authorizing the issuance of bonds or in the trust
403	403	indenture securing the bonds;
404	404	(5) to pay any expense necessarily incurred in
405	405	accomplishing the purpose of the district, including any expense of
406	406	issuing and selling the bonds; and
407	407	(6) to pay any costs incurred under the terms of a
408	408	credit agreement.
409	409	Sec. 9601.212. ADDITIONAL AUTHORITY TO PROVIDE DEBT SERVICE
410	410	RESERVE. (a) The board may provide that in lieu of or in addition to
411	411	providing for the funding of a debt service reserve fund with cash,
412	412	a line or letter of credit or an insurance policy may be used for the
413	413	debt service reserve fund.
414	414	(b) Any agreement under which a line or letter of credit or
415	415	insurance policy is provided must be submitted to the attorney
416	416	general for examination and approval. After approval, the
417	417	agreement is incontestable in any court or other forum for any
418	418	reason and is a valid and binding obligation of the district in
419	419	accordance with its terms for all purposes.
420	420	Sec. 9601.213. REFUNDING BONDS. (a) The district may issue
421	421	refunding bonds to refund all or part of its outstanding bonds
422	422	issued under this chapter, including matured but unpaid interest
423	423	and obligations incurred under a credit agreement.
424	424	(b) Refunding bonds may be issued in the manner provided by
425	425	Chapter 1207, Government Code.
426	426	Sec. 9601.214. REMEDIES AND COVENANTS. The proceedings
427	427	authorizing the issuance of any bonds authorized under this
428	428	chapter, including refunding bonds, the execution of a trust
429	429	indenture securing the bonds, and the execution of a credit
430	430	agreement, may provide other remedies and covenants the board
431	431	considers necessary to issue the bonds on terms the board
432	432	determines to be most favorable to the district.
433	433	Sec. 9601.215. LIMITATION ON RIGHTS OF BONDHOLDERS. The
434	434	proceedings authorizing the issuance of bonds or the trust
435	435	indenture securing the bonds may limit or qualify the rights of the
436	436	holders of less than all of the outstanding bonds payable from the
437	437	same source to institute or prosecute litigation affecting the
438	438	district's property or income.
439	439	Sec. 9601.216. BONDS EXEMPT FROM TAXATION. Payments made
440	440	by the district in connection with the issuance of bonds, the
441	441	transfer of any bond, and the income from any bond, including
442	442	profits made on the sale of any bond, are exempt from taxation in
443	443	this state.
444	444	Sec. 9601.217. APPOINTMENT OF RECEIVER. (a) On default or
445	445	threatened default in the payment of the principal of or interest on
446	446	obligations incurred by the district in connection with the
447	447	issuance of bonds that are payable wholly or partly from revenue, a
448	448	court may, on petition of the holders of at least 25 percent of the
449	449	district's outstanding revenue bonds, or the party to a credit
450	450	agreement, appoint a receiver for the district.
451	451	(b) The receiver may collect and receive all district
452	452	revenue, employ and discharge district agents and employees, take
453	453	charge of money on hand, and manage the district's proprietary
454	454	affairs without the consent of or hindrance by the board.
455	455	(c) The receiver may be authorized to sell or contract for
456	456	the sale of water, the collection or treatment of waste, or the
457	457	provision of garbage collection or disposal services, or to renew
458	458	contracts with the approval of the court that appointed the
459	459	receiver.
460	460	(d) The court may vest the receiver with any other power or
461	461	duty the court finds necessary to protect the holders of the bonds
462	462	or the party to a credit agreement.
463	463	SECTION 2. (a) The legal notice of the intention to
464	464	introduce this Act, setting forth the general substance of this
465	465	Act, has been published as provided by law, and the notice and a
466	466	copy of this Act have been furnished to all persons, agencies,
467	467	officials, or entities to which they are required to be furnished
468	468	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
469	469	Government Code.
470	470	(b) The governor has submitted the notice and Act to the
471	471	Texas Commission on Environmental Quality.
472	472	(c) The Texas Commission on Environmental Quality has filed
473	473	its recommendations relating to this Act with the governor,
474	474	lieutenant governor, and speaker of the house of representatives
475	475	within the required time.
476	476	(d) All requirements of the constitution and laws of this
477	477	state and the rules and procedures of the legislature with respect
478	478	to the notice, introduction, and passage of this Act are fulfilled
479	479	and accomplished.
480	480	SECTION 3. This Act takes effect immediately if it receives
481	481	a vote of two-thirds of all the members elected to each house, as
482	482	provided by Section 39, Article III, Texas Constitution. If this
483	483	Act does not receive the vote necessary for immediate effect, this
484	484	Act takes effect September 1, 2009.