Texas 2009 - 81st Regular

Texas House Bill HB4478 Compare Versions

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

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1	1	By: Martinez Fischer H.B. No. 4478
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of Austin Desired Development Zone
7	7	District No. 2; providing authority to levy an assessment, impose
8	8	taxes, and issue bonds; and granting a limited power of eminent
9	9	domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 38____ to read as follows:
13	13	CHAPTER 38____. Austin Desired Development Zone District No. 2
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 38___.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Austin.
18	18	(3) "County" means Travis County.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the Austin Desired Development
21	21	Zone District No. 2.
22	22	Sec. 38____.002. NATURE OF DISTRICT. Austin Desired
23	23	Development Zone District No. 2 is a special district created under
24	24	Section 59, Article XVI, Texas Constitution.
25	25	Sec. 38____.003. PURPOSE; DECLARATION OF INTENT. (a) The
26	26	creation of the district is essential to accomplish the purposes of
27	27	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
28	28	Texas Constitution, and other public purposes stated in this
29	29	chapter. By creating the district and in authorizing the city, the
30	30	county, and other political subdivisions to contract with the
31	31	district, the legislature has established a program to accomplish
32	32	the public purposes set out in Section 52-a, Article III, Texas
33	33	Constitution.
34	34	(b) The creation of the district is necessary to promote,
35	35	develop, encourage, and maintain employment, commerce,
36	36	transportation, housing, tourism, recreation, the arts,
37	37	entertainment, economic development, safety, and the public
38	38	welfare in the district.
39	39	Sec. 38____.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
40	40	(a) The district is created to serve a public use and benefit.
41	41	(b) All land and other property included in the district
42	42	will benefit from the improvements and services to be provided by
43	43	the district under powers conferred by Sections 52 and 52-a,
44	44	Article III, and Section 59, Article XVI, Texas Constitution, and
45	45	other powers granted under this chapter.
46	46	(c) The creation of the district is in the public interest
47	47	and is essential to:
48	48	(1) further the public purposes of developing and
49	49	diversifying the economy of the state;
50	50	(2) eliminate unemployment and underemployment; and
51	51	(3) develop or expand transportation and commerce.
52	52	(d) The district will:
53	53	(1) promote the health, safety, and general welfare of
54	54	residents, employers, potential employees, employees, visitors,
55	55	and consumers in the district, and of the public;
56	56	(2) provide needed funding for the district to
57	57	preserve, maintain, and enhance the economic health and vitality of
58	58	the district territory as a community and business center; and
59	59	(3) promote the health, safety, welfare, and enjoyment
60	60	of the public by providing pedestrian ways and by landscaping and
61	61	developing certain areas in the district, which are necessary for
62	62	the restoration, preservation, and enhancement of scenic beauty;
63	63	and
64	64	(4) provide for water, wastewater, drainage, road, and
65	65	recreational facilities for the district.
66	66	(e) Pedestrian ways along or across a street, whether at
67	67	grade or above or below the surface, and street lighting, street
68	68	landscaping, parking, and street art objects are parts of and
69	69	necessary components of a street and are considered to be a street
70	70	or road improvement.
71	71	(f) The district will not act as the agent or
72	72	instrumentality of any private interest even though the district
73	73	will benefit many private interests as well as the public.
74	74	Sec. 38____.005. INITIAL DISTRICT TERRITORY. (a) The
75	75	district is initially composed of the territory described by
76	76	Section 2 of the Act enacting this chapter.
77	77	(b) The boundaries and field notes contained in Section 2
78	78	of the Act enacting this chapter form a closure. A mistake in the
79	79	field notes or in copying the field notes in the legislative process
80	80	does not affect the district's:
81	81	(1) organization, existence, or validity;
82	82	(2) right to issue any type of bond for the purposes
83	83	for which the district is created or to pay the principal of and
84	84	interest on the bond;
85	85	(3) right to impose or collect an assessment or tax;
86	86	or
87	87	(4) legality or operation.
88	88	Sec. 38____.006. ELIGIBILITY FOR INCLUSION IN SPECIAL
89	89	ZONES. All or any part of the area of the district is eligible to be
90	90	included in:
91	91	(1) a tax increment reinvestment zone created under
92	92	Chapter 311, Tax Code;
93	93	(2) a tax abatement reinvestment zone created under
94	94	Chapter 312, Tax Code; or
95	95	(3) an enterprise zone created under Chapter 2303,
96	96	Government Code.
97	97	Sec. 38____.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
98	98	DISTRICTS LAW. Except as otherwise provided by this chapter,
99	99	Chapter 375, Local Government Code, applies to the district.
100	100	Sec. 38____.008. LIBERAL CONSTRUCTION OF CHAPTER. This
101	101	chapter shall be liberally construed in conformity with the
102	102	findings and purposes stated in this chapter.
103	103	Sec. 38____.009. CONFIRMATION AND DIRECTORS' ELECTION
104	104	REQUIRED. The temporary directors shall hold an election to
105	105	confirm the creation of the district and to elect four permanent
106	106	directors as provided by Section 49.102, Water Code.
107	107	Sec. 38____.010. CONSENT OF MUNICIPALITY REQUIRED. (a)
108	108	The temporary directors may not hold an election under Section
109	109	38____.009 until the city has consented by ordinance or resolution
110	110	to the creation of the district and to the inclusion of land in the
111	111	district.
112	112	(b) The city may condition its consent to the creation of
113	113	the district, to the inclusion of land in the district, and to the
114	114	exercise or limitation of powers granted to the district under this
115	115	Chapter by requiring the owner of any land included in the district
116	116	to negotiate and enter into a written agreement with the City of
117	117	Austin under this Chapter and Sections 43.0563 and 212.172, Local
118	118	Government Code.
119	119	(c) An agreement between a municipality and a landowner
120	120	entered into prior to the effective date of this chapter and that
121	121	complies with this section is validated.
122	122	(d) Section 54.016, Water Code, does not apply to the
123	123	district or to an agreement under this section. An agreement under
124	124	this section constitutes the city's consent to the creation of the
125	125	district under Section 42.042, Local Government Code.
126	126	[Sections 38____.012 - 38____.050 reserved for expansion]
127	127	SUBCHAPTER B. BOARD OF DIRECTORS
128	128	Sec. 38____.051. GOVERNING BODY; TERMS. (a) The district
129	129	is governed by a board of seven directors. Four of the directors
130	130	are elected. Three of the directors are appointed under Sec.
131	131	38____.053.
132	132	(b) Except as provided by Sec. 38____.052, directors serve
133	133	staggered four-year terms, with two elected directors' terms and
134	134	one or two appointed director's terms expiring on June 1 of each
135	135	even-numbered year. The term of office for each director first
136	136	appointed under Sec. 38____.053 shall begin on the date the four
137	137	permanent directors are elected under Section 38____.009
138	138	Sec. 38____.052. TEMPORARY DIRECTORS. (a) On or after the
139	139	effective date of the Act creating this chapter, the owner or owners
140	140	of a majority of the assessed value of the real property in the
141	141	district as determined by the most recent certified tax appraisal
142	142	roll for the county may submit a petition to the Texas Commission on
143	143	Environmental Quality requesting that the commission appoint as
144	144	temporary directors the four persons named in the petition. The
145	145	commission shall appoint as temporary directors the four persons
146	146	named in the petition.
147	147	(b) Temporary directors serve until the earlier of:
148	148	(1) the date four permanent directors are elected
149	149	under Section 38____.009; or
150	150	(2) the fourth anniversary of the effective date of
151	151	the Act creating this chapter.
152	152	(c) If permanent directors have not been elected under
153	153	Section 38____.009 and the terms of the temporary directors have
154	154	expired, successor temporary directors shall be appointed or
155	155	reappointed as provided by Subsection (d) to serve terms that
156	156	expire on the earlier of:
157	157	(1) the date four permanent directors are elected
158	158	under Section 38____.009; or
159	159	(2) the fourth anniversary of the date of the
160	160	appointment or reappointment.
161	161	(d) If Subsection (c) applies, the owner or owners of a
162	162	majority of the assessed value of the real property in the district
163	163	according to the most recent certified tax appraisal roll for the
164	164	county may submit a petition to the commission requesting that the
165	165	commission appoint as successor temporary directors the four
166	166	persons named in the petition. The commission shall appoint as
167	167	successor temporary directors the four persons named in the
168	168	petition.
169	169	Sec. 38____.053. APPOINTMENT OF DIRECTOR. (a) The City
170	170	Council of the city shall appoint one director, and may appoint a
171	171	second director after notice is provided by the board to the city
172	172	under Subsection (c). A person is appointed if a majority of the
173	173	members of the City Council vote to appoint that person.
174	174	(b) The county Commissioners Court shall appoint one
175	175	director. A person is appointed if a majority of the members of the
176	176	Commissioners Court vote to appoint that person.
177	177	(c) The Texas Commission on Environmental Quality shall
178	178	appoint one director nominated by the board. The board shall
179	179	request the name of a qualified director nominee from each person
180	180	who owns at least 25 percent of the surface area of land in the
181	181	district, based on the most recent certified tax appraisal roll for
182	182	the county. The board shall nominate to the Texas Commission on
183	183	Environmental Quality the qualified director nominee whose name
184	184	was submitted by the person who owns the largest total surface area
185	185	of land in the district. If the board has not received the name of
186	186	a qualified director nominee before the 31st day after the date the
187	187	board requests the name of a qualified director nominee from every
188	188	person who owns at least 25 percent of the surface area of land in
189	189	the district, or if no person owns at least 25 percent of the
190	190	surface area of land in the district, the board shall notify the
191	191	city that it may appoint a second director under Subsection (a), and
192	192	no appointment shall be made under this subsection.
193	193	Sec. 38____.054. QUALIFICATIONS OF DIRECTOR. (a) To be
194	194	qualified to be elected and serve as an elected director or to be
195	195	qualified to be appointed and serve as an appointed director under
196	196	Subsection (c) of Section 38___.053, a person must be at least 18
197	197	years old and:
198	198	(1) a resident of the district; or
199	199	(2) an owner of property in the district.
200	200	(b) A director appointed under Section 38____.052 or
201	201	Subsection (a) or (b) of Section 38____.053 must be at least 18
202	202	years old.
203	203	(c) A person who qualifies to serve as a director under this
204	204	section is subject to Section 375.072, Local Government Code.
205	205	Sec. 38____.055. DIRECTOR VACANCY. A vacancy in the office
206	206	of an elected director shall be filled for the unexpired term by the
207	207	majority vote of the remaining members of the board. A vacancy in
208	208	the office of a director appointed under Section 38____.053 shall
209	209	be filled for the unexpired term by a new director appointed under
210	210	that section.
211	211	Sec. 38____.056. QUORUM. (a) A majority of the directors
212	212	constitutes a quorum, and a concurrence of a majority of the
213	213	directors is required for any official action of the district
214	214	unless a lesser or greater number of votes is provided by other law.
215	215	The written consent of at least two-thirds of the directors is
216	216	required to authorize the levy of assessments, the levy of taxes,
217	217	the imposition of impact fees, or the issuance of bonds.
218	218	(b) For purposes of determining the requirements for a
219	219	majority of the board under this section, the following are not
220	220	counted:
221	221	(1) a board position vacant for any reason, including
222	222	death, resignation, or disqualification; or
223	223	(2) a director who is abstaining from participation in
224	224	a vote because of a conflict of interest.
225	225	Sec. 38____.057. COMPENSATION. A director is entitled to
226	226	receive fees of office and reimbursement for actual expenses as
227	227	provided by Section 49.060, Water Code.
228	228	[Sections 38____.058 - 38____.100 reserved for expansion]
229	229	SUBCHAPTER C. POWERS AND DUTIES
230	230	Sec. 38____.101. GENERAL POWERS AND DUTIES. The district
231	231	has the powers and duties provided by:
232	232	(1) the general laws relating to conservation and
233	233	reclamation districts created under Section 59, Article XVI, Texas
234	234	Constitution, including Chapters 49 and 54, Water Code;
235	235	(2) Section 52, Article III, Texas Constitution,
236	236	including the power to design, acquire, construct, finance, issue
237	237	bonds for, improve, operate, maintain, and convey to this state, a
238	238	county, or a municipality for operation and maintenance
239	239	macadamized, graveled, or paved roads, or improvements, including
240	240	storm drainage, in aid of those roads;
241	241	(3) Subchapter A, Chapter 372, Local Government Code,
242	242	in the same manner as a municipality or a county;
243	243	(4) Chapter 375, Local Government Code;
244	244	(5) Chapter 380, Local Government Code, in the same
245	245	manner as a municipality;
246	246	(6) Chapter 394, Local Government Code, to a housing
247	247	finance corporation created and operating under that chapter, in
248	248	the same manner as a housing finance corporation;
249	249	(7) Subchapter C, Chapter 402, Local Government Code,
250	250	in the same manner as a municipality; and
251	251	(8) Chapters 501, 502, and 505, Local Government Code,
252	252	in the same manner as a municipality to which one or more of those
253	253	chapters applies.
254	254	Sec. 38____.102. AGREEMENTS; GRANTS. (a) The district may
255	255	make an agreement with or accept a gift, grant, or loan from any
256	256	person. A service agreement made by the district shall be
257	257	terminable at will and without penalty upon 30 days notice of
258	258	termination, unless the district secures the written consent of
259	259	the City of Austin to modify or exclude those termination
260	260	provisions, except for service agreements with the following
261	261	persons or entities:
262	262	(1) a developer of land within the district, as
263	263	defined by Section 49.052(d), Water Code;
264	264	(2) a government agency, entity, or political
265	265	subdivision;
266	266	(3) a retail public utility or electric cooperative,
267	267	concerning water, wastewater, gas, electricity, telecommunication,
268	268	drainage, or other utility services and facilities; or
269	269	(4) a provider of services relating to solid waste
270	270	collection, transfer, processing, reuse, resale, disposal, and
271	271	management.
272	272	(b) The implementation of a project is a governmental
273	273	function or service for the purposes of Chapter 791, Government
274	274	Code.
275	275	(c) The board may enter into a contract with the board of
276	276	directors of a tax increment reinvestment zone created under
277	277	Chapter 311, Tax Code, and the governing body of the municipality or
278	278	county that created the zone to manage the zone or implement the
279	279	project plan and reinvestment zone financing plan.
280	280	Sec. 38____.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
281	281	AND FIRE-FIGHTING SERVICES. (a) To protect the public interest,
282	282	the district may contract with a qualified party, including the
283	283	county or the city, for the provision of law enforcement services in
284	284	the district for a fee.
285	285	(b) The district may provide fire-fighting services under
286	286	Section 49.351, Water Code and has the powers and duties of a
287	287	municipality under Section 775.022, Health & Safety Code.
288	288	Sec. 38____.104. ECONOMIC DEVELOPMENT PROGRAMS. The
289	289	district may establish and provide for the administration of one or
290	290	more programs to promote state or local economic development and to
291	291	stimulate business and commercial activity in the district,
292	292	including programs to:
293	293	(1) make loans and grants of public money; and
294	294	(2) provide district personnel and services.
295	295	Sec. 38____.105. STRATEGIC PARTNERSHIP AGREEMENT. The
296	296	district may negotiate and enter into a written strategic
297	297	partnership with the City of Austin under Section 43.0751, Local
298	298	Government Code. A power granted to the district under this Chapter
299	299	may be restricted or prohibited by the terms and conditions of an
300	300	agreement between the City of Austin and the district under this
301	301	section.
302	302	Sec. 38____.106. LIMITED EMINENT DOMAIN. (a) The district
303	303	may exercise the power of eminent domain under Section 49.222,
304	304	Water Code.
305	305	(b) The district may not exercise the power of eminent
306	306	domain outside the district boundaries to acquire:
307	307	(1) a site for a water treatment plant, water storage
308	308	facility, wastewater treatment plant, or wastewater disposal
309	309	plant; or
310	310	(2) a recreational facility as defined by Section
311	311	49.462, Water Code.
312	312	Sec. 38____.107. ANNEXATION OR EXCLUSION OF LAND BY
313	313	DISTRICT. (a) The district may annex land as provided by
314	314	Subchapter J, Chapter 49, Water Code.
315	315	(b) The district may exclude land as provided by Subchapter
316	316	J, Chapter 49, Water Code. Section 375.044(b), Local Government
317	317	Code, does not apply to the district.
318	318	Sec. 38___.108. SUITS. The District shall not be a
319	319	voluntary party to any suit against the city by a district resident
320	320	or a person who owns property in the district unless the district
321	321	has standing to bring the suit.
322	322	[Sections 38____.109 - 38____.150 reserved for expansion]
323	323	SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
324	324	Sec. 38____.151. PUBLIC TRANSIT SYSTEM. (a) The district
325	325	may acquire, lease as lessor or lessee, construct, develop, own,
326	326	operate, and maintain a public transit system to serve the area
327	327	within the boundaries of the district.
328	328	(b) The district may contract with a regional transit
329	329	authority for the provision of a public transit system and public
330	330	transit services.
331	331	Sec. 38____.152. PARKING FACILITIES AUTHORIZED; OPERATION
332	332	BY PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire,
333	333	lease as lessor or lessee, construct, develop, own, operate, and
334	334	maintain parking facilities or a system of parking facilities,
335	335	including:
336	336	(1) lots, garages, parking terminals, or other
337	337	structures or accommodations for parking motor vehicles off the
338	338	streets; and
339	339	(2) equipment, entrances, exits, fencing, and other
340	340	accessories necessary for safety and convenience in parking
341	341	vehicles.
342	342	(b) A parking facility of the district may be leased to, or
343	343	operated for the district by, an entity other than the district.
344	344	(c) The district's parking facilities are a program
345	345	authorized by the legislature under Section 52-a, Article III,
346	346	Texas Constitution.
347	347	(d) The district's parking facilities serve the public
348	348	purposes of the district and are owned, used, and held for a public
349	349	purpose even if leased or operated by a private entity for a term of
350	350	years.
351	351	(e) The district's public parking facilities and any lease
352	352	to a private entity are exempt from the payment of ad valorem taxes
353	353	and state and local sales and use taxes.
354	354	Sec. 38____.153. RULES. The district may adopt rules
355	355	covering its public transit system or its public parking system.
356	356	Sec. 38____.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR
357	357	PARKING FACILITIES. (a) The district may use any of its resources,
358	358	including revenue, assessments, taxes, or grant or contract
359	359	proceeds, to pay the cost of acquiring or operating a public transit
360	360	system or public parking facilities.
361	361	(b) The district may:
362	362	(1) set, charge, impose, and collect fees, charges, or
363	363	tolls for the use of the public transit system or the public parking
364	364	facilities; and
365	365	(2) issue bonds or notes to finance the cost of these
366	366	facilities.
367	367	[Sections 38____.155 - 38____.200 reserved for expansion]
368	368	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
369	369	Sec. 38____.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
370	370	board by resolution shall establish the number of directors'
371	371	signatures and the procedure required for a disbursement or
372	372	transfer of the district's money.
373	373	Sec. 38____.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
374	374	The district may acquire, construct, finance, operate, or maintain
375	375	any improvement or service authorized under this chapter or Chapter
376	376	375, Local Government Code, using any money available to the
377	377	district.
378	378	Sec. 38____.203. PETITION REQUIRED FOR FINANCING SERVICES
379	379	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
380	380	service or improvement project with assessments under this chapter
381	381	unless a written petition requesting that service or improvement
382	382	has been filed with the board.
383	383	(b) A petition filed under Subsection (a) must be signed by
384	384	the owners of a majority of the assessed value of the real property
385	385	in the district subject to assessment as determined by the most
386	386	recent certified tax appraisal roll for the county.
387	387	Sec. 38____.204. METHOD OF NOTICE FOR HEARING. The
388	388	district may mail the notice required by Section 375.115(c), Local
389	389	Government Code, by certified or first class United States mail.
390	390	The board shall determine the method of notice.
391	391	Sec. 38____.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
392	392	The board by resolution may impose and collect an assessment for any
393	393	purpose authorized by this chapter in all or any part of the
394	394	district.
395	395	(b) An assessment, a reassessment, or an assessment
396	396	resulting from an addition to or correction of the assessment roll
397	397	by the district, penalties and interest on an assessment or
398	398	reassessment, an expense of collection, and reasonable attorney's
399	399	fees incurred by the district:
400	400	(1) are a first and prior lien against the property
401	401	assessed;
402	402	(2) are superior to any other lien or claim other than
403	403	a lien or claim for county, school district, or municipal ad valorem
404	404	taxes; and
405	405	(3) are the personal liability of and a charge against
406	406	the owners of the property even if the owners are not named in the
407	407	assessment proceedings.
408	408	(c) The lien is effective from the date of the board's
409	409	resolution imposing the assessment until the date the assessment is
410	410	paid. The board may enforce the lien in the same manner that the
411	411	board may enforce an ad valorem tax lien against real property.
412	412	(d) The board may make a correction to or deletion from the
413	413	assessment roll that does not increase the amount of assessment of
414	414	any parcel of land without providing notice and holding a hearing in
415	415	the manner required for additional assessments.
416	416	Sec. 38____.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES
417	417	AND ASSESSMENTS. The district may not impose an impact fee or
418	418	assessment on the property, including the equipment,
419	419	rights-of-way, facilities, or improvements, of:
420	420	(1) an electric utility or a power generation company
421	421	as defined by Section 31.002, Utilities Code;
422	422	(2) a gas utility as defined by Section 101.003 or
423	423	121.001, Utilities Code;
424	424	(3) a telecommunications provider as defined by
425	425	Section 51.002, Utilities Code; or
426	426	(4) a person who provides to the public cable
427	427	television or advanced telecommunications services.
428	428	Sec. 38____.207. RESIDENTIAL PROPERTY. Section 375.161,
429	429	Local Government Code, does not apply to the district.
430	430	Sec. 38____.208. OPERATION AND MAINTENANCE TAX. (a) If
431	431	authorized at an election held in accordance with Section
432	432	38____.212, the district may impose an operation and maintenance
433	433	tax on taxable property in the district in accordance with Section
434	434	49.107, Water Code, for any district purpose, including to:
435	435	(1) maintain and operate the district;
436	436	(2) construct or acquire improvements; or
437	437	(3) provide a service.
438	438	(b) The board shall determine the tax rate. The rate may not
439	439	exceed the rate approved at the election.
440	440	Sec. 38____.209. CONTRACT TAXES. (a) In accordance with
441	441	Section 49.108, Water Code, the district may impose a tax other than
442	442	an operation and maintenance tax and use the revenue derived from
443	443	the tax to make payments under a contract after the provisions of
444	444	the contract have been approved by a majority of the district voters
445	445	voting at an election held for that purpose.
446	446	(b) A contract approved by the district voters may contain a
447	447	provision stating that the contract may be modified or amended by
448	448	the board without further voter approval.
449	449	Sec. 38____.210. AUTHORITY TO ISSUE BONDS. (a) The
450	450	district may issue by competitive bid bonds, notes, or other
451	451	obligations payable wholly or partly from taxes, assessments,
452	452	impact fees, revenue, grants, or other money of the district, or any
453	453	combination of those sources of money, to pay for any authorized
454	454	district purpose.
455	455	(b) The limitation on the outstanding principal amount of
456	456	bonds, notes, and other obligations set forth in Section 49.4645,
457	457	Water Code, does not apply to the district.
458	458	Sec. 38____.211. CITY APPROVAL OF DISTRICT BONDS. (a) No
459	459	later than 30 days before the first publication of notice of sale of
460	460	a district bond, the district shall provide to the city a copy of
461	461	the district's application to the Texas Commission on Environmental
462	462	Quality for approval of the bond sale, a copy of the staff
463	463	memorandum from the Texas Commission on Environmental Quality
464	464	approving the projects and the bonds, the proposed bond resolution,
465	465	the preliminary official statement for the bond sale, the bid form,
466	466	and the notice of sale, as applicable.
467	467	(b) The city may refuse to approve a bond sale only if the
468	468	city determines that issuance of the bonds would cause the district
469	469	to be substantially out of compliance with a material provision of
470	470	a written agreement with the city under Section 38____.010, Section
471	471	38____.105, or any other written agreement with the city pertaining
472	472	to the district's creation or operation.
473	473	(c) The city shall notify the district of its refusal to
474	474	approve a bond sale under Subsection(b) no later than the 15th day
475	475	after its receipt of the information provided under Subsection (a),
476	476	or the bond sale shall be deemed to be approved by the City.
477	477	(d) The district shall not issue or sell a bond that the
478	478	city has refused to approve under this section.
479	479	Sec. 38____.212. TAXES FOR BONDS. At the time the district
480	480	issues bonds payable wholly or partly from ad valorem taxes, the
481	481	board shall provide for the annual imposition of a continuing
482	482	direct annual ad valorem tax, without limit as to rate or amount,
483	483	for each year while all or part of the bonds are outstanding as
484	484	required and in the manner provided by Sections 54.601 and 54.602,
485	485	Water Code.
486	486	Sec. 38____.213. ELECTIONS REGARDING TAXES AND BONDS. (a)
487	487	The district may issue, without an election, bonds, notes, and
488	488	other obligations secured by:
489	489	(1) revenue other than ad valorem taxes; or
490	490	(2) contract payments described by Section
491	491	38____.209.
492	492	(b) The district shall hold an election in the manner
493	493	provided by Subchapter L, Chapter 375, Local Government Code, to
494	494	obtain voter approval before the district imposes an ad valorem tax
495	495	or sales and use tax or issues bonds payable from ad valorem taxes.
496	496	(c) Section 375.243, Local Government Code, does not apply
497	497	to the district.
498	498	(d) All or any part of any facilities or improvements which
499	499	may be acquired by a district by the issuance of its bonds may be
500	500	included in one single proposition to be voted on at the election or
501	501	the bonds may be submitted in several propositions.
502	502	Sec. 38____.214. CITY NOT REQUIRED TO PAY DISTRICT
503	503	OBLIGATIONS. Except as provided by Section 375.263, Local
504	504	Government Code, the city is not required to pay a bond, note, or
505	505	other obligation of the district.
506	506	Sec. 38____.215. COMPETITIVE BIDDING. Subchapter I,
507	507	Chapter 49, Water Code, applies to the district. Subchapter K,
508	508	Chapter 375, Local Government Code, does not apply to the district
509	509	if the district complies with the requirements of Section 375.222,
510	510	Local Government Code, as it existed on January 1, 2009.
511	511	Sec. 38____.216. TAX AND ASSESSMENT ABATEMENTS. The
512	512	district may grant in the manner authorized by Chapter 312, Tax
513	513	Code, an abatement for a tax or assessment owed to the district.
514	514	Sec. 38____.217. TAX INCREMENT FINANCING POWERS. (a) The
515	515	district may designate all or any part of the district as a tax
516	516	increment reinvestment zone, and the district may use tax increment
517	517	financing under Chapter 311, Tax Code, in the manner provided by
518	518	that chapter for a municipality, except as modified by this
519	519	section.
520	520	(b) The district has all powers provided under Chapter 311,
521	521	Tax Code.
522	522	(c) The district and an overlapping taxing unit may enter
523	523	into an interlocal agreement for the payment of all or a portion of
524	524	the tax increment of the unit to the district.
525	525	(d) For the purpose of tax increment financing under this
526	526	section, the board functions as the board of directors of the
527	527	reinvestment zone. Section 311.009, Tax Code, does not apply to the
528	528	district.
529	529	[Sections 38____.218 - 38____.300 reserved for expansion]
530	530	SUBCHAPTER F. SALES AND USE TAX
531	531	Sec. 38____.301. MEANINGS OF WORDS AND PHRASES. Words and
532	532	phrases used in this subchapter that are defined by Chapters 151 and
533	533	321, Tax Code, have the meanings assigned by Chapters 151 and 321,
534	534	Tax Code.
535	535	Sec. 38____.302. APPLICABILITY OF CERTAIN TAX CODE
536	536	PROVISIONS. (a) Except as otherwise provided by this subchapter,
537	537	Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
538	538	apply to taxes imposed under this subchapter and to the
539	539	administration and enforcement of those taxes in the same manner
540	540	that those laws apply to state taxes.
541	541	(b) Chapter 321, Tax Code, relating to municipal sales and
542	542	use taxes, applies to the application, collection, charge, and
543	543	administration of a sales and use tax imposed under this subchapter
544	544	to the extent consistent with this chapter, as if references in
545	545	Chapter 321, Tax Code, to a municipality referred to the district
546	546	and references to a governing body referred to the board.
547	547	(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
548	548	321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
549	549	apply to a tax imposed under this subchapter.
550	550	Sec. 38____.303. AUTHORIZATION; ELECTION. (a) The
551	551	district may adopt a sales and use tax to serve the purposes of the
552	552	district after an election in which a majority of the voters of the
553	553	district voting in the election authorize the adoption of the tax.
554	554	(b) The board by order may call an election to authorize a
555	555	sales and use tax. The election may be held with any other district
556	556	election.
557	557	(c) The district shall provide notice of the election and
558	558	shall hold the election in the manner prescribed by Section
559	559	38____.212.
560	560	(d) The ballots shall be printed to provide for voting for
561	561	or against the proposition: "Authorization of a sales and use tax in
562	562	Austin Desired Development Zone Management District No. 2 at a rate
563	563	not to exceed [____] percent."
564	564	Sec. 38____.304. ABOLISHING SALES AND USE TAX. (a) Except
565	565	as provided in Subsection (b), the board may abolish the sales and
566	566	use tax without an election.
567	567	(b) The board may not abolish the sales and use tax if the
568	568	district has outstanding debt secured by the tax.
569	569	(c) Notwithstanding subsection (b), a sales and use tax
570	570	adopted under this subchapter is automatically abolished on the
571	571	effective date of full-purpose annexation by the city of the
572	572	district.
573	573	Sec. 38____.305. SALES AND USE TAX RATE. (a) On adoption
574	574	of the tax authorized by this subchapter, there is imposed a tax on
575	575	the receipts from the sale at retail of taxable items within the
576	576	district, and an excise tax on the use, storage, or other
577	577	consumption within the district of taxable items purchased, leased,
578	578	or rented from a retailer within the district during the period that
579	579	the tax is in effect.
580	580	(b) The board shall determine the rate of the tax, which may
581	581	be in one-eighth of one percent increments not to exceed the
582	582	maximum rate authorized by the district voters at the election. The
583	583	board may lower the tax rate to the extent it does not impair any
584	584	outstanding debt or obligations payable from the tax.
585	585	(c) The rate of the excise tax is the same as the rate of the
586	586	sales tax portion of the tax and is applied to the sales price of
587	587	the taxable item.
588	588	[Sections 38____.306 - 38____.350 reserved for expansion]
589	589	SUBCHAPTER G. HOTEL OCCUPANCY TAXES
590	590	Sec. 38____.351. HOTEL OCCUPANCY TAX. (a) In this section,
591	591	"hotel" has the meaning assigned by Section 156.001, Tax Code.
592	592	(b) For purposes of this section, a reference in Chapter
593	593	351, Tax Code, to a municipality is a reference to the district and
594	594	a reference in Chapter 351, Tax Code, to the municipality's
595	595	officers or governing body is a reference to the board.
596	596	(c) Except as inconsistent with this section, Subchapter A,
597	597	Chapter 351, Tax Code, governs a hotel occupancy tax authorized by
598	598	this section.
599	599	(d) The district may impose a hotel occupancy tax and may
600	600	use revenue from the tax for any district purpose that is also an
601	601	authorized use of hotel occupancy tax revenue under Chapter 351,
602	602	Tax Code.
603	603	(e) The board by order may impose, repeal, increase, or
604	604	decrease the rate of a tax on a person who, under a lease,
605	605	concession, permit, right of access, license, contract, or
606	606	agreement, pays for the use or possession or for the right to the
607	607	use or possession of a room that:
608	608	(1) is in a hotel located in the district's boundaries;
609	609	(2) costs $2 or more each day; and
610	610	(3) is ordinarily used for sleeping.
611	611	(f) The amount of the tax may not exceed seven percent of the
612	612	price paid for a room in a hotel.
613	613	(g) The district may examine and receive information
614	614	related to the imposition of hotel occupancy taxes to the same
615	615	extent as if the district were a municipality.
616	616	(h) A hotel occupancy tax imposed under this subchapter is
617	617	automatically abolished on the effective date of full-purpose
618	618	annexation by the city of the district.
619	619	[Sections 38____.352 - 38____.400 reserved for expansion]
620	620	SUBCHAPTER H. DISSOLUTION
621	621	Sec. 38____.401 DISSOLUTION. (a) The district may not be
622	622	dissolved under Subchapter M, Chapter 375, Local Government Code,
623	623	or any other law that authorizes dissolution of the district until
624	624	and unless all of the district's outstanding indebtedness and
625	625	contractual obligations payable from ad valorem taxes, sales and
626	626	use taxes, assessments, or other revenue sources are paid in full or
627	627	payment is fully provided for.
628	628	(b) If the conditions of subsection (a) are satisfied, the
629	629	district may be dissolved by the affirmative vote of at least five
630	630	of the directors of the board. If the conditions of subsection (a)
631	631	are satisfied after the district has been annexed into the city for
632	632	full purposes, the city may dissolve the district by the majority
633	633	vote of its governing body.
634	634	(c) Dissolution of the district shall be in accordance with
635	635	the terms and conditions of this section and of the agreement
636	636	between the landowner and the city under Section 38____.010.
637	637	(d) Sections 43.075 and 43.0715, Local Government Code, do
638	638	not apply to the district.
639	639	SECTION 2. Austin Desired Development Zone District No. 2
640	640	includes all territory contained in the following area:
641	641	A DESCRIPTION OF 468.280 ACRES IN THE SANTIAGO DEL VALLE
642	642	GRANT IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF AN 81.018 ACRE
643	643	TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION
644	644	INC., DATED DECEMBER 12, 2006 AND RECORDED IN DOCUMENT NO.
645	645	2006246454 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
646	646	A PORTION OF A 103.415 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY
647	647	DEED TO JONA ACQUISITION INC., DATED NOVEMBER 20, 2006 AND RECORDED
648	648	IN DOCUMENT NO. 2006224021 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
649	649	COUNTY, TEXAS, A PORTION OF A 167.748 ACRE TRACT DESCRIBED IN A
650	650	GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 13,
651	651	2006 AND RECORDED IN DOCUMENT NO. 2006241307 OF THE OFFICIAL PUBLIC
652	652	RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 42.558 ACRE TRACT
653	653	DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC.,
654	654	DATED MAY 16, 2008 AND RECORDED IN DOCUMENT NO. 2008083861 OF THE
655	655	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
656	656	20.005 ACRE TRACT DESCRIBED IN A WARRANTY DEED WITH VENDOR'S LIEN TO
657	657	JOHN T. HALDENSTEIN AND JOSHUA N. HALDENSTEIN, DATED DECEMBER 14,
658	658	2000 AND RECORDED IN DOCUMENT NO. 2000203669 OF THE OFFICIAL PUBLIC
659	659	RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 198.302 ACRE TRACT
660	660	DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC.,
661	661	DATED DECEMBER 20, 2006 AND RECORDED IN DOCUMENT NO. 2006244772 OF
662	662	THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
663	663	37.390 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA
664	664	ACQUISITION INC., DATED OCTOBER 30, 2008 AND RECORDED IN DOCUMENT
665	665	NO. 2008179828 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
666	666	TEXAS, A PORTION OF A 232.233 ACRE TRACT DESCRIBED IN A SPECIAL
667	667	WARRANTY DEED WITH VENDOR'S LIEN TO JONA ACQUISITION INC., DATED
668	668	JANUARY 8, 2009 AND RECORDED IN DOCUMENT NO. 2009003190 OF THE
669	669	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AND A PORTION OF AN
670	670	67.339 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA
671	671	ACQUISITION INC., DATED NOVEMBER 7, 2007 AND RECORDED IN DOCUMENT
672	672	NO. 2007204509 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
673	673	TEXAS; SAID 468.280 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
674	674	METES AND BOUNDS AS FOLLOWS:
675	675	BEGINNING at a calculated point for the southeast corner of
676	676	said 103.415 acre tract, same being the northeast corner of a 0.1291
677	677	acre tract described in a deed of record under Document No.
678	678	2001163489 of the Official Public Records of Travis County, Texas,
679	679	and in the west right-of-way line of F.M. 1625 (80' right-of-way);
680	680	THENCE North 6241'37" West, with the south line of said
681	681	103.415 acre tract, same being the north line of said 0.1291 acre
682	682	tract, at a distance of 0.50 feet passing a 2" iron pipe found, and
683	683	continuing for a total distance of 75.00 feet to a 1/2" rebar with
684	684	plastic "Chaparral Boundary" cap found at the northwest corner of
685	685	said 0.1291 acre tract, same being the northeast corner of said
686	686	167.748 acre tract;
687	687	THENCE with the east lines of said 167.748 acre tract, same
688	688	being the northwest and southwest lines of said 0.1291 acre tract,
689	689	the following two (2) courses and distances:
690	690	1. South 2705'45" West, a distance of 75.17 feet to a 1/2"
691	691	rebar with "Chaparral Boundary" cap found;
692	692	2. South 6241'37" East, at a distance of 23.12 feet to a
693	693	calculated point in the east line of said 167.748 acre tract, same
694	694	being the southwest line of said 0.1291 acre tract;
695	695	THENCE crossing said 167.748 acre tract, said 42.558 acre
696	696	tract, said 20.005 acre tract, said 198.302 acre tract, said
697	697	232.233 acre tract, said 37.390 acre tract, said 67.339 acre tract,
698	698	said 81.018 acre tract, said 103.415 acre tract the following
699	699	thirty-one (31) courses and distances:
700	700	1. South 2711'27" West, a distance of 373.24 feet to a
701	701	calculated point;
702	702	2. North 6248'33" West, a distance of 157.15 feet to a
703	703	calculated point for a point of curvature to the left;
704	704	3. Following said curve to the left, having a radius of
705	705	1400.01 feet, a delta angle of 3017'26", an arc length of 740.14
706	706	feet, and a chord which bears North 7757'16" West, a distance of
707	707	731.55 feet to a calculated point;
708	708	4. South 8654'01" West, a distance of 948.17 feet to a
709	709	calculated point for a point of curvature to the right;
710	710	5. Following said curve to the right, having a radius of
711	711	1400.00 feet, a delta angle of 3117'39", an arc length of 764.66
712	712	feet, and a chord which bears North 7727'10" West, a distance of
713	713	755.19 feet to a calculated point;
714	714	6. North 6148'21" West, a distance of 1129.78 feet to a
715	715	calculated point;
716	716	7. North 2811'39" East, a distance of 913.30 feet to a
717	717	calculated point;
718	718	8. North 6148'21" West, a distance of 6.57 feet to a
719	719	calculated point for a point of curvature to the right;
720	720	9. Following said curve to the right, having a radius of
721	721	531.00 feet, a delta angle of 3615'15", an arc length of 335.99
722	722	feet, and a chord which bears North 4619'17" East, a distance of
723	723	330.42 feet to a calculated point;
724	724	10. North 2533'06" West, a distance of 187.89 feet to a
725	725	calculated point for a point of curvature to the left;
726	726	11. Following said curve to the right, having a radius of
727	727	1000.01 feet, a delta angle of 3722'12", an arc length of 652.23
728	728	feet, and a chord which bears North 4414'12" West, a distance of
729	729	640.74 feet to a calculated point;
730	730	12. North 6255'18" West, a distance of 280.83 feet to a
731	731	calculated point for a point of curvature to the right;
732	732	13. Following said curve to the right, having a radius of
733	733	800.00 feet, a delta angle of 3547'43", an arc length of 499.80
734	734	feet, and a chord which bears North 4501'27" West, a distance of
735	735	491.71 feet to a calculated point;
736	736	14. North 2707'35" West, a distance of 204.28 feet to a
737	737	calculated point for a point of curvature to the right;
738	738	15. Following said curve to the right, having a radius of
739	739	1600.01 feet, a delta angle of 10824'34", an arc length of 3027.38
740	740	feet, and a chord which bears North 2704'42" East, a distance of
741	741	2595.57 feet to a calculated point for a point of reverse curvature
742	742	to the left;
743	743	16. Following said curve to the left, having a radius of
744	744	1000.01 feet, a delta angle of 2904'06", an arc length of 507.34
745	745	feet, and a chord which bears North 6917'59" East, a distance of
746	746	501.92 feet to a calculated point;
747	747	17. North 5440'51" East, a distance of 483.26 feet to a
748	748	calculated point for a point of curvature to the left;
749	749	18. Following said curve to the left, having a radius of
750	750	1226.51 feet, a delta angle of 1603'46", an arc length of 343.85
751	751	feet, and a chord which bears South 4315'53" East, a distance of
752	752	342.73 feet to a calculated point;
753	753	19. South 5117'46" East, a distance of 107.66 feet to a
754	754	calculated point for a point of curvature to the right;
755	755	20. Following said curve to the right, having a radius of
756	756	923.51 feet, a delta angle of 1415'58", an arc length of 229.94
757	757	feet, and a chord which bears South 4409'47" East, a distance of
758	758	229.35 feet to a calculated point;
759	759	21. South 3701'48" East, a distance of 185.80 feet to a
760	760	calculated point for a point of curvature to the left;
761	761	22. Following said curve to the left, having a radius of
762	762	434.00 feet, a delta angle of 1637'02", an arc length of 125.87
763	763	feet, and a chord which bears South 4520'18" East, a distance of
764	764	125.43 feet to a calculated point;
765	765	23. South 5338'49" East, a distance of 589.06 feet to a
766	766	calculated point for a point of curvature to the right;
767	767	24. Following said curve to the right, having a radius of
768	768	720.83 feet, a delta angle of 2051'58", an arc length of 262.52
769	769	feet, and a chord which bears South 4312'50" East, a distance of
770	770	261.07 feet to a calculated point;
771	771	25. South 3249'11" East, a distance of 345.55 feet to a
772	772	calculated point for a point of curvature to the left;
773	773	26. Following said curve to the left, having a radius of
774	774	782.00 feet, a delta angle of 3006'07", an arc length of 410.85
775	775	feet, and a chord which bears South 4752'15" East, a distance of
776	776	406.14 feet to a calculated point;
777	777	27. South 6255'18" East, a distance of 878.22 feet to a
778	778	calculated point for a point of curvature to the right;
779	779	28. Following said curve to the right, having a radius of
780	780	668.00 feet, a delta angle of 9000'00", an arc length of 1049.30
781	781	feet, and a chord which bears South 1755'18" East, a distance of
782	782	944.70 feet to a calculated point;
783	783	29. South 6255'18" East, a distance of 7.00 feet to a
784	784	calculated point;
785	785	30. South 2704'42" West, a distance of 1195.83 feet to a
786	786	calculated point;
787	787	31. South 6255'18" East, a distance of 582.76 feet to a
788	788	calculated point in the east line of said 103.415 acre tract, same
789	789	being in the northwest right-of-way line of F.M. 1625;
790	790	THENCE South 2705'45" West, with the east line of said
791	791	103.415 acre tract, same being the west right-of-way line of F.M.
792	792	1625, a distance of 1273.54 feet to the POINT OF BEGINNING,
793	793	containing 468.280 acres of land, more or less.
794	794	SAVE AND EXCEPT TRACT: 0.458 ACRES
795	795	BEGINNING at a 1/2" rebar found for the southeast corner of
796	796	said 21,064 square foot tract, same being a point in the south line
797	797	of said 12.7 acre tract, also being a point in the north line of said
798	798	37.390 acre tract, from which a 1/2" rebar with "Chaparral
799	799	Boundary" cap found for the northeast corner of said 37.390 acre
800	800	tract, same being the southeast corner of said 12.7 acre tract, also
801	801	being a point in the west line of said 198.302 acre tract, bears
802	802	South 6215'58" West, a distance of 34.88 feet;
803	803	THENCE North 6215'58" West, with the south line of said 12.7
804	804	acre tract, same being the north line of said 37.390 acre tract, a
805	805	distance of 84.16 feet to a 1/2" rebar with cap set for the
806	806	southwest corner of said 21,064 square foot tract;
807	807	THENCE crossing said 12.7 acre tract, the following three (3)
808	808	courses and distances:
809	809	1. North 2703'32" East, a distance of 251.09 feet to a 1/2"
810	810	rebar found;
811	811	2. South 6200'51" East, a distance of 84.16 feet to a 1/2"
812	812	rebar found;
813	813	3. South 2703'32" West, a distance of 250.72 feet to the
814	814	POINT OF BEGINNING, containing 0.458 acres of land, more or less.
815	815	SECTION 3. LEGISLATIVE FINDINGS. The legislature finds
816	816	that:
817	817	(1) The development or redevelopment in the area in the
818	818	proposed Austin Desired Development Zone District No. 2 would not
819	819	occur solely through private investment in the reasonably
820	820	foreseeable future;
821	821	(2) The area in the proposed Austin Desired Development Zone
822	822	District No. 2 is unproductive and underdeveloped; and
823	823	(3) The conditions in the area of the proposed Austin
824	824	Desired Development Zone District No. 2 substantially arrest or
825	825	impair the sound growth of the area, are an economic or social
826	826	liability, and present a menace to the public health, safety,
827	827	morals, or welfare.
828	828	SECTION 4. (a) The legal notice of the intention to
829	829	introduce this Act, setting forth the general substance of this
830	830	Act, has been published as provided by law, and the notice and a
831	831	copy of this Act have been furnished to all persons, agencies,
832	832	officials, or entities to which they are required to be furnished
833	833	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
834	834	Government Code.
835	835	(b) The governor, one of the required recipients, has
836	836	submitted the notice and Act to the Texas Commission on
837	837	Environmental Quality.
838	838	(c) The Texas Commission on Environmental Quality has filed
839	839	its recommendations relating to this Act with the governor,
840	840	lieutenant governor, and speaker of the house of representatives
841	841	within the required time.
842	842	(d) The general law relating to consent by political
843	843	subdivisions to the creation of districts with conservation,
844	844	reclamation, and road powers and the inclusion of land in those
845	845	districts has been complied with.
846	846	(e) All requirements of the constitution and laws of this
847	847	state and the rules and procedures of the legislature with respect
848	848	to the notice, introduction, and passage of this Act have been
849	849	fulfilled and accomplished.
850	850	SECTION 5. EFFECTIVE DATE. This Act takes effect
851	851	immediately if it receives a vote of two-thirds of all the members
852	852	elected to each house, as provided by Section 39, Article III, Texas
853	853	Constitution. If this Act does not receive the vote necessary for
854	854	immediate effect, this Act takes effect September 1, 2009.