Texas 2009 - 81st Regular

Texas House Bill HB4789 Compare Versions

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1	1	H.B. No. 4789
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Kaufman County Parks Improvement
6	6	District; providing authority to impose a tax and issue bonds;
7	7	providing penalties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	10	Code, is amended by adding Chapter 3873 to read as follows:
11	11	CHAPTER 3873. KAUFMAN COUNTY PARKS IMPROVEMENT DISTRICT
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 3873.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "City" means the City of Forney.
16	16	(3) "Commissioners court" means the Commissioners
17	17	Court of Kaufman County.
18	18	(4) "County" means Kaufman County.
19	19	(5) "Director" means a board director.
20	20	(6) "District" means the Kaufman County Parks
21	21	Improvement District.
22	22	(7) "Park" includes any land, including any
23	23	improvements to the land, that is located in the district or owned
24	24	or leased by the city for use of the general public.
25	25	Sec. 3873.002. NATURE OF DISTRICT. The Kaufman County
26	26	Parks Improvement District is a special district created under
27	27	Section 59, Article XVI, Texas Constitution.
28	28	Sec. 3873.003. PURPOSE; DECLARATION OF INTENT. (a) The
29	29	creation of the district is essential to accomplish the purposes of
30	30	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
31	31	Texas Constitution, and other public purposes stated in this
32	32	chapter. By creating the district and in authorizing the city, the
33	33	county, and other political subdivisions to contract with the
34	34	district, the legislature has established a program to accomplish
35	35	the public purposes set out in Section 52-a, Article III, Texas
36	36	Constitution.
37	37	(b) The creation of the district is necessary to promote,
38	38	develop, encourage, and maintain tourism, recreation, the arts,
39	39	entertainment, economic development, safety, and the public
40	40	welfare in the district.
41	41	(c) This chapter and the creation of the district may not be
42	42	interpreted to relieve the city or county from providing the level
43	43	of services provided, as of the effective date of the Act enacting
44	44	this chapter, to the area in the district. The district is created
45	45	to supplement and not to supplant the city or county services
46	46	provided in the area in the district.
47	47	Sec. 3873.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
48	48	The district is created to serve a public use and benefit.
49	49	(b) All land and other property included in the district
50	50	will benefit from the improvements and services to be provided by
51	51	the district under powers conferred by Sections 52 and 52-a,
52	52	Article III, and Section 59, Article XVI, Texas Constitution, and
53	53	other powers granted under this chapter.
54	54	(c) The creation of the district is in the public interest
55	55	and is essential to:
56	56	(1) further the public purposes of developing and
57	57	diversifying the economy of the state; and
58	58	(2) preserve and conserve the natural resources of the
59	59	state.
60	60	(d) The district will:
61	61	(1) promote the health, safety, and general welfare of
62	62	residents, employers, employees, potential employees, visitors,
63	63	and consumers in the district, and of the public;
64	64	(2) promote the health, safety, welfare, and enjoyment
65	65	of the public by landscaping, developing, maintaining, financing,
66	66	operating, and making capital improvements to parks in the
67	67	district, which are necessary for the restoration, preservation,
68	68	and enhancement of scenic beauty;
69	69	(3) conserve the natural resources of the district;
70	70	and
71	71	(4) cooperate with the city in the furtherance of
72	72	common purposes of the city and the district.
73	73	(e) The district will not act as the agent or
74	74	instrumentality of any private interest even though the district
75	75	will benefit many private interests as well as the public.
76	76	Sec. 3873.005. INITIAL DISTRICT TERRITORY. The district is
77	77	initially composed of the territory described by Section 2 of the
78	78	Act enacting this chapter.
79	79	Sec. 3873.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
80	80	All or any part of the area of the district is eligible to be
81	81	included in:
82	82	(1) a tax increment reinvestment zone created under
83	83	Chapter 311, Tax Code;
84	84	(2) a tax abatement reinvestment zone created under
85	85	Chapter 312, Tax Code; or
86	86	(3) an enterprise zone created under Chapter 2303,
87	87	Government Code.
88	88	Sec. 3873.007. LIBERAL CONSTRUCTION OF CHAPTER. This
89	89	chapter shall be liberally construed in conformity with the
90	90	findings and purposes stated in this chapter.
91	91	[Sections 3873.008-3873.050 reserved for expansion]
92	92	SUBCHAPTER B. CONFIRMATION OF CREATION OF DISTRICT
93	93	Sec. 3873.051. CONFIRMATION ELECTION. (a) The
94	94	commissioners court may order an election on the issue of
95	95	confirming the creation of a district:
96	96	(1) on the commissioners court's own motion; or
97	97	(2) after the filing of a written petition signed by a
98	98	number of the registered voters who reside in the area of the
99	99	proposed district equal to at least five percent of the votes
100	100	received in that area in the most recent gubernatorial general
101	101	election.
102	102	(b) The petition or commissioners court's motion must
103	103	include:
104	104	(1) the name of the district;
105	105	(2) an accurate description of the area included in
106	106	the district by any appropriate method, including by metes and
107	107	bounds and by public roads or rights-of-way; and
108	108	(3) an accurate plat of the area included in the
109	109	district.
110	110	Sec. 3873.052. NOTICE OF HEARING. (a) If a petition is
111	111	filed under Section 3873.051(a)(2), the commissioners court shall
112	112	set a date for a hearing on the petition that is after the 20th day
113	113	but on or before the 40th day after the date the petition is filed.
114	114	(b) The commissioners court shall publish notice of the
115	115	petition and the hearing date in a newspaper of general circulation
116	116	in the county.
117	117	(c) The notice must be published once each week for a period
118	118	of two weeks before the hearing date.
119	119	Sec. 3873.053. HEARING. (a) At the hearing, evidence
120	120	shall be taken as in civil cases in the county court. The
121	121	commissioners court shall hear all arguments for and against
122	122	confirming the creation of the district.
123	123	(b) The hearing may be adjourned from time to time on good
124	124	cause shown.
125	125	(c) The commissioners court shall grant the petition and
126	126	order the election on the issue of confirming the creation of the
127	127	district if the commissioners court finds that:
128	128	(1) the petition is signed by the required number of
129	129	registered voters;
130	130	(2) the district will serve the purposes prescribed by
131	131	Sections 3873.003 and 3873.004; and
132	132	(3) the district includes any area within the
133	133	boundaries of the city.
134	134	Sec. 3873.054. CONFIRMATION ELECTION. (a) The election
135	135	shall be held in the area of the proposed district on the date of the
136	136	first regularly scheduled countywide election that follows the date
137	137	of the order of the election and for which there is sufficient time
138	138	to comply with other requirements of law.
139	139	(b) The returns on the election shall be certified and
140	140	canvassed and the results declared, in the same manner as provided
141	141	for other county elections. If a majority of the votes received on
142	142	the issue favor creation of the district, the commissioners court
143	143	shall declare the creation of the district confirmed and shall
144	144	enter the results in its minutes at its next regularly scheduled
145	145	meeting.
146	146	Sec. 3873.055. COSTS OF CREATION, CONFIRMATION, AND
147	147	ORGANIZATION. The costs necessarily incurred in the creation,
148	148	confirmation, and organization of the district may be paid from the
149	149	district's tax revenue or from revenue from bond anticipation
150	150	notes, the first revenue bonds issued by the district, or any other
151	151	source.
152	152	[Sections 3873.056-3873.100 reserved for expansion]
153	153	SUBCHAPTER C. BOARD OF DIRECTORS
154	154	Sec. 3873.101. GOVERNING BODY; TERMS. The district is
155	155	governed by a board of five directors who serve staggered terms of
156	156	four years, with two or three directors' terms expiring June 1 of
157	157	each odd-numbered year.
158	158	Sec. 3873.102. ELECTION DATE. The board shall hold
159	159	elections for directors on the uniform election date in May in
160	160	odd-numbered years. The elections of the first directors under
161	161	this section shall be held on the first uniform election date in May
162	162	that occurs in the years in which initial directors' terms expire
163	163	under Section 3873.107.
164	164	Sec. 3873.103. ELIGIBILITY. (a) A director must be a
165	165	citizen of the United States and must reside in the district.
166	166	(b) A director may not be an officer or employee of the
167	167	county or the city.
168	168	(c) A director may not serve more than four consecutive full
169	169	terms.
170	170	Sec. 3873.104. VACANCY. If a vacancy occurs on the board,
171	171	the board shall appoint a person to fill the vacancy for the
172	172	remainder of the unexpired term.
173	173	Sec. 3873.105. QUORUM. Three directors constitute a quorum
174	174	of the board. The board may act on the majority of the vote of the
175	175	assembled quorum.
176	176	Sec. 3873.106. COMPENSATION AND REIMBURSEMENT. A director
177	177	is not entitled to compensation but is entitled to reimbursement
178	178	for necessary expenses, including travel expenses, incurred in
179	179	performing the duties of a director. If the amount of a director's
180	180	reimbursement for necessary expenses exceeds $250, the board must
181	181	approve the reimbursement.
182	182	Sec. 3873.107. INITIAL VOTING DIRECTORS. (a) The initial
183	183	board consists of five voting directors who meet the eligibility
184	184	requirements described by Section 3873.103 and are appointed by the
185	185	commissioners court.
186	186	(b) Of the initial directors, the terms of directors
187	187	appointed for positions 1 through 3 expire June 1, 2011, and the
188	188	terms of directors appointed for positions 4 and 5 expire June 1,
189	189	2013.
190	190	(c) Section 3873.102 does not apply to this section.
191	191	(d) If permanent directors have not been elected under
192	192	Section 3873.102 and the terms of the initial directors expire, the
193	193	commissioners court shall appoint successor initial directors to
194	194	serve four-year terms.
195	195	[Sections 3873.108-3873.150 reserved for expansion]
196	196	SUBCHAPTER D. POWERS AND DUTIES
197	197	Sec. 3873.151. DEPOSITORIES AND DISBURSEMENTS. (a) Money
198	198	and other funds belonging to or under control of the board are
199	199	public funds.
200	200	(b) The board shall select depositories for the money.
201	201	(c) A warrant or check for the withdrawal of money must be
202	202	signed by two persons authorized to sign a warrant or check by
203	203	resolution entered in the minutes of the board.
204	204	Sec. 3873.152. PERSONNEL. (a) The board may employ
205	205	managers, secretaries, stenographers, bookkeepers, accountants,
206	206	technical experts, and any other support personnel or agents the
207	207	board considers necessary.
208	208	(b) The board shall determine the qualifications and set the
209	209	duties of employees.
210	210	(c) The board may call on the county attorney, district
211	211	attorney, or criminal district attorney of the county for the legal
212	212	services it requires. In addition, or in the alternative, the board
213	213	may contract for and compensate its own legal staff.
214	214	Sec. 3873.153. SEAL. The board shall adopt a seal to place
215	215	on each lease, deed, or other instrument usually executed under
216	216	seal and on other instruments as the board requires.
217	217	Sec. 3873.154. CONTRACTS. (a) The board may enter into any
218	218	contract that the board considers necessary or convenient to carry
219	219	out the purposes and powers granted by this chapter, including a
220	220	lease or other contract connected with, incident to, or affecting
221	221	the acquisition, financing, construction, equipment, maintenance,
222	222	renovation, repair, improvement, or operation of real property or
223	223	facilities.
224	224	(b) If the contract is for an amount less than or equal to
225	225	the amount provided by Section 262.023, Local Government Code, the
226	226	board may enter into the contract without advertisement. If the
227	227	contract is for more than that amount, the contract is subject to
228	228	the bidding provisions for contracts applicable to a county under
229	229	that section.
230	230	(c) To be effective, a contract must be:
231	231	(1) approved by resolution of the board;
232	232	(2) executed by the president or vice president; and
233	233	(3) attested by the secretary or treasurer.
234	234	Sec. 3873.155. SUITS. The board may sue and be sued in its
235	235	own name.
236	236	Sec. 3873.156. DISTRICT RULES AND ORDERS; CRIMINAL PENALTY;
237	237	CIVIL ENFORCEMENT. (a) The board may adopt reasonable rules and
238	238	orders applicable to:
239	239	(1) the administration, enforcement, and collection
240	240	of district taxes;
241	241	(2) littering and litter abatement in the parks in the
242	242	district, including the possession and disposition of glass
243	243	containers;
244	244	(3) activities that endanger the health and safety of
245	245	persons or property in parks in the district;
246	246	(4) tenants, business privileges, concessionaires,
247	247	users, and activities affecting district property and facilities,
248	248	including any provision necessary to protect and conserve natural
249	249	resources; and
250	250	(5) a road that borders or runs through a park, subject
251	251	to an applicable municipal ordinance.
252	252	(b) A police officer, constable, sheriff, or other law
253	253	enforcement officer with jurisdiction in the county may arrest a
254	254	person violating rules or orders of the board and carry out the
255	255	prosecution of a person arrested under this subsection in the
256	256	proper court.
257	257	(c) A person who violates a rule or order adopted under this
258	258	section commits an offense. An offense under this section is a
259	259	Class C misdemeanor.
260	260	(d) The county attorney, district attorney, and criminal
261	261	district attorney or an attorney retained by the board for this
262	262	purpose may bring an action to enjoin a violation of board rules or
263	263	orders.
264	264	Sec. 3873.157. BOND NOT REQUIRED. If the board brings an
265	265	action to enforce this subchapter or enjoin a violation of a rule or
266	266	order adopted by the board under this subchapter, the board is not
267	267	required to post a bond.
268	268	Sec. 3873.158. POWER TO ACQUIRE PROPERTY. (a) For the
269	269	conservation of the district's natural resources, the board may
270	270	acquire land in the county, inside or outside the district,
271	271	including streams, lakes, submerged lands, and swamplands, to
272	272	create parks. The board may develop, improve, protect, and promote
273	273	the land in a manner the board considers conducive to the general
274	274	welfare.
275	275	(b) The land may be acquired by:
276	276	(1) gift or devise;
277	277	(2) lump-sum payment; or
278	278	(3) installment payments regardless of an option to
279	279	purchase.
280	280	(c) The district does not have the power of eminent domain.
281	281	(d) The commissioners court by eminent domain may not
282	282	acquire land for park purposes and subsequently transfer by any
283	283	means the land or control of the land to the board for park
284	284	purposes. If the commissioners court by eminent domain acquires
285	285	land for purposes other than park purposes, the court may not
286	286	subsequently transfer by any means the land or control of the land
287	287	to the board for park purposes unless at least 10 years have expired
288	288	after the date of the acquisition by the court. This subsection
289	289	applies only to land that the commissioners court acquires by
290	290	eminent domain.
291	291	Sec. 3873.159. SALE OR LEASE OF LANDS. (a) If the board
292	292	determines that land owned by the district is not necessary for the
293	293	purposes for which the land was acquired, the board may sell and
294	294	dispose of the land on terms the board considers advisable.
295	295	(b) The board may lease or permit the use of land for
296	296	purposes consistent with the purposes for which the land was
297	297	acquired and on terms the board considers advisable.
298	298	(c) Before land owned by the district may be sold, once a
299	299	week for four consecutive weeks in a newspaper of general
300	300	circulation in the county the board must publish a notice of its
301	301	intention to sell the land. The notice must include an accurate
302	302	description of the land, the time of a public hearing that is before
303	303	the 10th day before the disposition date, and the time and place at
304	304	which sealed bids will be received.
305	305	Sec. 3873.160. ACCEPTANCE OF GRANTS AND GRATUITIES. To
306	306	promote, establish, or accomplish a purpose of this chapter, the
307	307	board may:
308	308	(1) accept grants and gratuities in any form from any
309	309	source, including the United States government, this state, any
310	310	state or federal agency, any private or public corporation, or any
311	311	other person;
312	312	(2) accept donations of money or other property; and
313	313	(3) act as trustee of land, money, or other property.
314	314	Sec. 3873.161. COOPERATION WITH OTHER PUBLIC AUTHORITIES.
315	315	Under an agreement with a public authority, including the city, in
316	316	control of parkland in the county, the district may assume control
317	317	of all or part of the parkland in or contiguous to the district or
318	318	may contract or cooperate with the authority in connection with the
319	319	use, development, improvement, and protection of the parkland.
320	320	Sec. 3873.162. REQUIREMENTS FOR RENTAL OF WATER-ORIENTED
321	321	RECREATIONAL EQUIPMENT. (a) This section applies only to the
322	322	rental of water-oriented recreational equipment in the district.
323	323	(b) A person may not rent water-oriented recreational
324	324	equipment to a person younger than 18 years of age.
325	325	(c) A person may rent water-oriented recreational equipment
326	326	to a person who is at least 18 years of age only if:
327	327	(1) each person who is at least 18 years of age who
328	328	will use the equipment signs a written agreement for the rental of
329	329	that equipment; and
330	330	(2) each person who will use the equipment, regardless
331	331	of age, is listed on the agreement.
332	332	Sec. 3873.163. PLAN FOR DEVELOPMENT OF PARKS; ANNUAL
333	333	BUDGET; FILING. (a) The board shall develop and approve a
334	334	three-year master plan for capital development and the development
335	335	of parks and district facilities.
336	336	(b) The board shall annually review and revise the master
337	337	plan during the budget process and shall file a copy of the master
338	338	plan and revisions with the county clerk.
339	339	(c) The board shall annually develop and approve a one-year
340	340	budget that must include the suggested revisions and additions to
341	341	the master plan.
342	342	(d) The board shall submit the annual budget to the
343	343	commissioners court for approval and shall file a copy with the
344	344	county clerk.
345	345	[Sections 3873.164-3873.200 reserved for expansion]
346	346	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
347	347	Sec. 3873.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
348	348	board by resolution shall establish the number of directors'
349	349	signatures and the procedure required for a disbursement or
350	350	transfer of the district's money.
351	351	Sec. 3873.202. GENERAL OBLIGATION AND REVENUE BONDS. For
352	352	the payment of all or part of the costs of a park improvement
353	353	project or park services, the board may issue bonds in one or more
354	354	series payable from and secured by ad valorem taxes, revenues,
355	355	grants, gifts, contracts, leases, or any combination of those
356	356	funds. Bonds may be liens on all or part of the revenue derived from
357	357	park improvements or services authorized under this chapter.
358	358	Sec. 3873.203. TERMS AND CONDITIONS OF BONDS. (a) Bonds may
359	359	be issued to mature serially or otherwise not more than 40 years
360	360	from their date of issue.
361	361	(b) If provided by the bond order or resolution, the
362	362	proceeds from the sale of bonds may be used to pay interest on the
363	363	bonds during and after the period of the acquisition or
364	364	construction of any park improvement project to be provided through
365	365	the issuance of the bonds, to administrative and operation expenses
366	366	to create a reserve fund for the payment of the principal of and
367	367	interest on the bonds, and to create any other funds.
368	368	Sec. 3873.204. PLEDGES. (a) The board may pledge all or
369	369	part of the income from park improvement projects financed under
370	370	this chapter or from any other source to the payment of the bonds,
371	371	including the payment of principal, interest, and any other amounts
372	372	required or permitted in connection with the bonds. The pledged
373	373	income shall be set and collected in amounts that will be at least
374	374	sufficient, with any other pledged resources, to provide for all
375	375	payments of principal, interest, and any other amounts required in
376	376	connection with the bonds and, to the extent required by the order
377	377	or resolution authorizing the issuance of the bonds, to provide for
378	378	the payment of expenses in connection with the bonds and to pay
379	379	operation, maintenance, and other expenses in connection with the
380	380	improvement projects authorized under this chapter.
381	381	(b) Bonds may be additionally secured by a mortgage or deed
382	382	of trust on real property relating to the facilities authorized
383	383	under this chapter owned or to be acquired by the district and by
384	384	chattel mortgages, liens, or security interests on personal
385	385	property appurtenant to that real property. The board may
386	386	authorize the execution of trust indentures, mortgages, deeds of
387	387	trust, or other forms of encumbrance to evidence the indebtedness.
388	388	(c) The board may pledge to the payment of the bonds all or
389	389	any part of any grant, donation, revenue, or income received or to
390	390	be received from the United States government or any other public or
391	391	private source.
392	392	Sec. 3873.205. MUNICIPAL APPROVAL. (a) A district must
393	393	obtain the approval of the governing body of the city before issuing
394	394	bonds for a park improvement project and for the plans and
395	395	specifications of a park improvement project financed by the bond
396	396	issuance.
397	397	(b) Instead of approval of bonds by the city, the district
398	398	before finally approving a capital improvements budget may obtain
399	399	approval from the governing body of the city of a capital
400	400	improvements budget for a period not to exceed five years. If a
401	401	district obtains approval of a capital improvements budget, it may
402	402	finance the capital improvements and issue bonds specified in the
403	403	budget without further approval from the city.
404	404	(c) The district must obtain approval from the city of the
405	405	plans and specifications of any park improvement project that
406	406	involves the use of the rights-of-way of streets, roads, or
407	407	highways or the use of city land or any easements granted by the
408	408	city.
409	409	(d) The city is not obligated to pay any bonds, notes, or
410	410	other obligations of the district.
411	411	Sec. 3873.206. AD VALOREM TAX; ELECTION. (a) The district
412	412	must hold an election in the manner provided by Subchapter L,
413	413	Chapter 375, Local Government Code, to obtain voter approval before
414	414	the district imposes an ad valorem tax.
415	415	(b) If authorized at an election under Subsection (a) and
416	416	subject to Subsection (c), the district may impose an annual ad
417	417	valorem tax on taxable property in the district to:
418	418	(1) maintain and operate the district;
419	419	(2) construct or acquire park improvements; or
420	420	(3) provide a park service.
421	421	(c) The board shall determine the tax rate. The tax rate may
422	422	not exceed 35 cents per $100 valuation.
423	423	[Sections 3873.207-3873.250 reserved for expansion]
424	424	SUBCHAPTER F. DISSOLUTION
425	425	Sec. 3873.251. DISSOLUTION. (a) The commissioners court by
426	426	order may dissolve the district. The order may be adopted:
427	427	(1) on the commissioners court's own motion; or
428	428	(2) after the filing of a written petition signed by a
429	429	number of the registered voters who reside in the district equal to
430	430	at least 10 percent of the votes received in the district in the
431	431	most recent gubernatorial general election.
432	432	(b) The commissioners court shall give notice of a hearing
433	433	on the petition and hold a hearing in the manner prescribed by
434	434	Sections 3873.052 and 3873.053 for a petition for confirming the
435	435	creation of the district.
436	436	(c) The commissioners court shall grant the petition and
437	437	order the dissolution of the district if the court finds that the
438	438	petition meets the requirements of this section and that the
439	439	dissolution is in the best interest of the county.
440	440	(d) On dissolution of the district, the property and other
441	441	assets, the debts and other liabilities, and the obligations of the
442	442	district that are not related to city property become those of the
443	443	county. The property and other assets, the debts and other
444	444	liabilities, and the obligations of the district that are related
445	445	to city property become those of the city.
446	446	SECTION 2. The Kaufman County Parks Improvement District
447	447	initially includes all territory contained in Forney Independent
448	448	School District that is not included in the boundaries of the City
449	449	of Forney as it exists on the effective date of this Act.
450	450	SECTION 3. (a) The legal notice of the intention to
451	451	introduce this Act, setting forth the general substance of this
452	452	Act, has been published as provided by law, and the notice and a
453	453	copy of this Act have been furnished to all persons, agencies,
454	454	officials, or entities to which they are required to be furnished
455	455	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
456	456	Government Code.
457	457	(b) The governor, one of the required recipients, has
458	458	submitted the notice and Act to the Texas Commission on
459	459	Environmental Quality.
460	460	(c) The Texas Commission on Environmental Quality has filed
461	461	its recommendations relating to this Act with the governor,
462	462	lieutenant governor, and speaker of the house of representatives
463	463	within the required time.
464	464	(d) The general law relating to consent by political
465	465	subdivisions to the creation of districts with conservation,
466	466	reclamation, and road powers and the inclusion of land in those
467	467	districts has been complied with.
468	468	(e) All requirements of the constitution and laws of this
469	469	state and the rules and procedures of the legislature with respect
470	470	to the notice, introduction, and passage of this Act have been
471	471	fulfilled and accomplished.
472	472	SECTION 4. This Act takes effect immediately if it receives
473	473	a vote of two-thirds of all the members elected to each house, as
474	474	provided by Section 39, Article III, Texas Constitution. If this
475	475	Act does not receive the vote necessary for immediate effect, this
476	476	Act takes effect September 1, 2009.
477	477	______________________________ ______________________________
478	478	President of the Senate Speaker of the House
479	479	I certify that H.B. No. 4789 was passed by the House on April
480	480	30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
481	481	voting; and that the House concurred in Senate amendments to H.B.
482	482	No. 4789 on May 29, 2009, by the following vote: Yeas 139, Nays 0,
483	483	1 present, not voting.
484	484	______________________________
485	485	Chief Clerk of the House
486	486	I certify that H.B. No. 4789 was passed by the Senate, with
487	487	amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
488	488	0.
489	489	______________________________
490	490	Secretary of the Senate
491	491	APPROVED: __________________
492	492	Date
493	493	__________________
494	494	Governor