Texas 2009 - 81st Regular

Texas Senate Bill SB1223 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1223
2	2
3	3
4	4	AN ACT
5	5	relating to the creation, administration, powers, duties, and
6	6	operation of the Riverbend Water Resources District; providing
7	7	authority to issue bonds and exercise the power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 6, Special District Local Laws Code, is
10	10	amended by adding Subtitle L to read as follows:
11	11	SUBTITLE L. MUNICIPAL WATER DISTRICTS
12	12	CHAPTER 9601. RIVERBEND WATER RESOURCES DISTRICT
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 9601.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the board of directors of the
16	16	district.
17	17	(2) "Bond" has the meaning assigned to the term
18	18	"public security" by Section 1202.001, Government Code.
19	19	(3) "Director" means a person appointed to the board.
20	20	(4) "District" means the Riverbend Water Resources
21	21	District.
22	22	(5) "Member" means a municipality, county, or other
23	23	political subdivision that is a member of the district as provided
24	24	by Section 9601.005.
25	25	Sec. 9601.002. NATURE OF DISTRICT. The district is a
26	26	conservation and reclamation district created under and essential
27	27	to accomplish the purposes of Section 59, Article XVI, Texas
28	28	Constitution.
29	29	Sec. 9601.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
30	30	(a) The district is created to serve a public use and benefit.
31	31	(b) All land and other property included in the boundaries
32	32	of the district will benefit from the works and projects
33	33	accomplished by the district under the powers conferred by Section
34	34	59, Article XVI, Texas Constitution.
35	35	(c) The accomplishment of the purposes stated in this
36	36	chapter is for the benefit of the people of this state and the
37	37	improvement of their property and industries and will foster and
38	38	encourage economic development in this state.
39	39	(d) The district, in carrying out the purposes of this
40	40	chapter, will be performing an essential public function under the
41	41	constitution.
42	42	Sec. 9601.004. LIBERAL CONSTRUCTION OF CHAPTER. This
43	43	chapter shall be liberally construed to effect the purposes,
44	44	powers, rights, and functions stated in this chapter.
45	45	Sec. 9601.005. DISTRICT MEMBERS. (a) The district is
46	46	composed of the following members:
47	47	(1) the City of Annona;
48	48	(2) the City of Avery;
49	49	(3) the City of DeKalb;
50	50	(4) the City of Hooks;
51	51	(5) the City of Maud;
52	52	(6) the City of New Boston;
53	53	(7) the City of Texarkana, Texas;
54	54	(8) the City of Wake Village; and
55	55	(9) the Red River Redevelopment Authority.
56	56	(b) After receipt of a petition from the governing body of a
57	57	municipality, county, or other political subdivision that desires
58	58	to join the district, the board may add a member to the district on
59	59	terms determined by the board to be in the best interests of the
60	60	district.
61	61	(c) A member's withdrawal from the district or the cessation
62	62	of existence of a member does not affect the validity of the
63	63	district or any of the district's powers or duties.
64	64	Sec. 9601.006. DISTRICT TERRITORY. (a) The territory of
65	65	the district is composed of all the territory contained in:
66	66	(1) the cities of Annona, Avery, DeKalb, Hooks, Maud,
67	67	New Boston, Texarkana, Texas, and Wake Village; and
68	68	(2) the Red River Redevelopment Authority, the
69	69	boundaries of which are described by Section 3503.004, including
70	70	territory that may be added under Section 3503.005.
71	71	(b) The territory of the district also includes all of the
72	72	territory:
73	73	(1) of any municipality, county, or other political
74	74	subdivision that joins the district as a member; and
75	75	(2) added to the territory of a member by annexation or
76	76	other means.
77	77	(c) A defect in the description of the boundaries of a
78	78	member or in any past or future proceedings for the annexation of
79	79	territory by a member does not affect the validity, powers, or
80	80	duties of the district.
81	81	Sec. 9601.007. CONFIRMATION ELECTION NOT REQUIRED.
82	82	(a) The board is not required to hold an election to confirm the
83	83	district's creation.
84	84	(b) Sections 49.101-49.105, Water Code, do not apply to the
85	85	district.
86	86	[Sections 9601.008-9601.050 reserved for expansion]
87	87	SUBCHAPTER B. BOARD OF DIRECTORS
88	88	Sec. 9601.051. COMPOSITION OF BOARD; TERMS. (a) The
89	89	district is governed by its board.
90	90	(b) The governing body of each member shall appoint a
91	91	director to represent the member on the board and shall promptly
92	92	fill a vacancy in that board position in accordance with the
93	93	member's policies, resolutions, and procedures.
94	94	(c) Except as provided by Subsection (d), directors serve
95	95	staggered terms of four years.
96	96	(d) A director who is also an elected official of a
97	97	political subdivision serves for a term coinciding with the term of
98	98	the elected office.
99	99	(e) The board shall determine the method of staggering the
100	100	terms of the directors.
101	101	(f) A director may serve consecutive terms.
102	102	Sec. 9601.052. QUALIFICATIONS FOR OFFICE. To be eligible
103	103	to be appointed or to serve as a director, a person must be a
104	104	resident, qualified voter of the district.
105	105	Sec. 9601.053. BOARD RESOLUTIONS; VOTING REQUIREMENTS.
106	106	(a) The district shall act through orders or resolutions adopted
107	107	by the board.
108	108	(b) All directors are entitled to vote.
109	109	Sec. 9601.054. OFFICERS AND ASSISTANTS. (a) The board
110	110	shall elect a president, vice president, secretary, and treasurer.
111	111	(b) The board shall elect the president and vice president
112	112	from among the directors.
113	113	(c) The president and vice president serve for a one-year
114	114	term.
115	115	(d) The offices of secretary and treasurer:
116	116	(1) may be held by one person; and
117	117	(2) are not required to be held by a director.
118	118	(e) The board may appoint one or more assistant officers who
119	119	are not required to be directors.
120	120	(f) A person may not concurrently hold the offices of board
121	121	president and secretary.
122	122	Sec. 9601.055. MEETINGS. The board shall have regular
123	123	meetings at times specified by board resolution or bylaws and shall
124	124	have special meetings when called by the board president or by a
125	125	number of directors that is equal to or greater than the number of
126	126	directors that is one less than a majority of the board.
127	127	Sec. 9601.056. TELEPHONE CONFERENCE CALL MEETINGS.
128	128	(a) The board may hold an open or closed meeting by telephone
129	129	conference call only if:
130	130	(1) the meeting is a special called meeting;
131	131	(2) immediate action is required; and
132	132	(3) convening a quorum of the board at one location is
133	133	difficult or impossible.
134	134	(b) A telephone conference call meeting is subject to the
135	135	notice requirements applicable to other meetings of the board.
136	136	(c) Each part of a telephone conference call meeting that is
137	137	required to be open to the public shall be made audible to the
138	138	public at the location specified in the notice of the meeting as the
139	139	location of the meeting.
140	140	(d) The location designated in the notice as the location of
141	141	the meeting shall provide two-way communication during the entire
142	142	telephone conference call meeting, and the identification of each
143	143	party to the telephone conference shall be clearly stated prior to
144	144	speaking.
145	145	(e) Section 551.125, Government Code, does not apply to a
146	146	meeting held under this section.
147	147	Sec. 9601.057. RECALL. A director may be recalled at any
148	148	time by the governing body of the member that appointed the
149	149	director.
150	150	Sec. 9601.058. COMPENSATION; REIMBURSEMENT. A director is
151	151	not entitled to compensation for service on the board but is
152	152	entitled to be reimbursed for necessary expenses incurred in the
153	153	performance of official duties.
154	154	Sec. 9601.059. BOARD POSITION NOT A CIVIL OFFICE OF
155	155	EMOLUMENT. (a) A position on the board may not be construed to be
156	156	a civil office of emolument for any purpose, including a purpose
157	157	described in Section 40, Article XVI, Texas Constitution.
158	158	(b) An elected official of any county, municipality, or
159	159	other political subdivision in the territory of the district may be
160	160	appointed to and serve on the board as a director without penalty or
161	161	forfeiture of office.
162	162	[Sections 9601.060-9601.100 reserved for expansion]
163	163	SUBCHAPTER C. POWERS AND DUTIES
164	164	Sec. 9601.101. GENERAL POWERS. Except as provided by this
165	165	chapter, the district may exercise the powers applicable to a
166	166	district under Chapter 49, Water Code.
167	167	Sec. 9601.102. SPECIFIC POWERS. The district may exercise
168	168	any power necessary or appropriate to achieve the purposes of this
169	169	chapter, including the power to:
170	170	(1) adopt and enforce:
171	171	(A) a trade name or trademark;
172	172	(B) bylaws and rules for the conduct of the
173	173	affairs of the district;
174	174	(C) any rule that a water control and improvement
175	175	district may adopt and enforce in accordance with Sections
176	176	51.127-51.130, Water Code; and
177	177	(D) specific rates, charges, fees, or rentals,
178	178	and reasonable rules and regulations, for providing any district
179	179	commodity, facility, or service;
180	180	(2) in the manner and to the extent permitted by this
181	181	chapter:
182	182	(A) borrow money for a district purpose;
183	183	(B) enter into an agreement in connection with
184	184	the borrowing;
185	185	(C) issue bonds for money borrowed;
186	186	(D) provide for and secure the payment of the
187	187	bonds; and
188	188	(E) provide for the rights of the holders of the
189	189	bonds;
190	190	(3) acquire any and all storage rights and storage
191	191	capacity in a reservoir or other water source inside or outside the
192	192	boundaries of the district, and acquire the right to take water from
193	193	that reservoir or source, subject to the rights or permits held by
194	194	municipalities or other persons, and in accordance with any
195	195	contract or contracts that the district may make with the United
196	196	States, any state of the United States, or any political
197	197	subdivision of any state of the United States, in reference to those
198	198	rights;
199	199	(4) construct, acquire, own, finance, operate,
200	200	maintain, sell, lease as lessor or lessee, dispose of, or otherwise
201	201	use any work, plant, or other district facility as defined by
202	202	Section 49.001, Water Code, inside or outside the boundaries of the
203	203	district, that the board determines is necessary or useful for the
204	204	exercise of a district power; and
205	205	(5) pledge all or part of district revenue to the
206	206	payment of district obligations under a contract or agreement to
207	207	the same extent and on the same conditions as the district may
208	208	pledge revenue to secure district bonds.
209	209	Sec. 9601.103. GENERAL POWERS REGARDING WATER. The
210	210	district has all rights, powers, and privileges necessary or useful
211	211	to enable it to acquire, provide, supply, deliver, and sell water,
212	212	whether processed or unprocessed, raw or potable, inside or outside
213	213	its boundaries to any person for any beneficial purpose.
214	214	Sec. 9601.104. AUTHORITY OF PUBLIC AGENCIES AND POLITICAL
215	215	SUBDIVISIONS TO CONTRACT WITH DISTRICT. (a) A public agency or a
216	216	county, municipality, or other political subdivision of this state
217	217	or another state may enter into a contract or agreement with the
218	218	district, on terms agreed to by the parties, for:
219	219	(1) the purchase or sale of water;
220	220	(2) waste collection, transportation, processing, or
221	221	disposal; or
222	222	(3) any purpose relating to the district's powers or
223	223	functions.
224	224	(b) A contract or agreement under this section must comply
225	225	with Chapter 791, Government Code.
226	226	(c) A provision of district services or facilities to a
227	227	member or an exercise of district power regarding a member's retail
228	228	services may only be made through a contract between the district
229	229	and the member under this section.
230	230	Sec. 9601.105. CONVEYANCE OF PROPERTY TO DISTRICT. A
231	231	public agency or a county, municipality, or other political
232	232	subdivision of this state may lease, sell, or otherwise convey to
233	233	the district, for any consideration that the parties agree is
234	234	adequate, any of its land, improvements, property, plants, lines,
235	235	or other facilities related to:
236	236	(1) the supply, delivery, or sale of water;
237	237	(2) waste collection, transportation, processing, or
238	238	disposal; or
239	239	(3) garbage collection or disposal.
240	240	Sec. 9601.106. ACQUISITION OF EXISTING FACILITIES. If the
241	241	district acquires existing works, improvements, facilities,
242	242	plants, equipment, or appliances that are completed, partially
243	243	created, or under construction, the district may:
244	244	(1) assume the contracts and obligations of the
245	245	previous owner; and
246	246	(2) perform the obligations of the previous owner in
247	247	the same manner and to the same extent that any other purchaser or
248	248	assignee would be bound.
249	249	[Sections 9601.107-9601.150 reserved for expansion]
250	250	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
251	251	Sec. 9601.151. PROHIBITION ON ASSESSMENTS OR TAXES.
252	252	(a) The district may not under this chapter or any other law impose
253	253	an assessment on real property or an ad valorem tax or create a debt
254	254	payable from an assessment on real property or an ad valorem tax.
255	255	(b) Sections 49.106-49.108, Water Code, do not apply to the
256	256	district.
257	257	Sec. 9601.152. DEPOSITORY. District money shall be
258	258	deposited in the depository or depositories designated by the
259	259	board, except that:
260	260	(1) bond proceeds and money pledged to pay bonds, to
261	261	the extent provided in the proceedings authorizing the issuance of
262	262	bonds, or the trust indenture securing the bonds, may be deposited
263	263	with another depository or trustee named in the proceedings or
264	264	trust indenture; and
265	265	(2) money shall be remitted to each paying agent for
266	266	the payment of principal of and interest on the bonds.
267	267	Sec. 9601.153. INVESTMENT OF DISTRICT MONEY. (a) Chapter
268	268	2256, Government Code, applies to the district and the investment
269	269	of district funds and funds under district control.
270	270	(b) The board may invest bond proceeds in a manner
271	271	determined by the board or in the manner permitted or required in
272	272	the proceedings authorizing the issuance of bonds or in the trust
273	273	indenture securing the bonds.
274	274	Sec. 9601.154. DISTRICT FACILITIES EXEMPT FROM TAXATION AND
275	275	ASSESSMENT. The district is not required to pay a tax or assessment
276	276	on its facilities or any part of its facilities.
277	277	[Sections 9601.155-9601.200 reserved for expansion]
278	278	SUBCHAPTER E. BONDS
279	279	Sec. 9601.201. AUTHORITY TO ISSUE BONDS. (a) The district
280	280	by resolution may authorize the issuance of bonds payable from and
281	281	secured by revenue or any other available source of district money
282	282	to carry out a power conferred by this chapter. Bonds issued by the
283	283	district are not a direct obligation of any member.
284	284	(b) The bonds must be issued in the manner and under the
285	285	terms of the proceedings authorizing the issuance of the bonds.
286	286	(c) Bonds may be issued by the district without an election.
287	287	(d) Sections 49.181-49.186, Water Code, do not apply to the
288	288	district.
289	289	Sec. 9601.202. FORM OF BONDS. District bonds must be:
290	290	(1) issued in the district's name; and
291	291	(2) signed by the officers of the district in
292	292	accordance with the proceedings authorizing the issuance of the
293	293	bonds.
294	294	Sec. 9601.203. MATURITY. District bonds must mature not
295	295	later than 50 years after the date of their issuance.
296	296	Sec. 9601.204. BONDS SECURED BY REVENUE; ADDITIONAL BONDS.
297	297	(a) Bonds may be secured by a pledge of all or part of the
298	298	district's revenue, or by all or part of the payments or rentals
299	299	under one or more contracts or leases specified by the proceedings
300	300	authorizing the issuance of the bonds.
301	301	(b) The proceedings authorizing the issuance of bonds
302	302	secured by a pledge of revenue of all or part of the district's
303	303	facilities may provide that the district shall first pay the
304	304	expenses of operating and maintaining all or part of the facilities
305	305	as the board considers appropriate before paying the principal of
306	306	and interest on the bonds.
307	307	(c) In the proceedings authorizing the issuance of bonds
308	308	secured by revenue, contract payments, or lease rentals, the
309	309	district may reserve the right, under conditions specified by the
310	310	proceedings, to issue additional bonds that will be on a parity
311	311	with, superior to, or subordinate to the bonds then being issued.
312	312	Sec. 9601.205. ADDITIONAL SECURITY. (a) At the discretion
313	313	of the board, bonds may be additionally secured by a deed of trust
314	314	or mortgage lien on all or part of the district's physical property,
315	315	facilities, easements, water rights and appropriation permits,
316	316	leases, contracts, and all rights appurtenant to the property,
317	317	vesting in the trustee power to:
318	318	(1) sell the property for the payment of the bonds;
319	319	(2) operate the property; and
320	320	(3) take other action to further secure the bonds.
321	321	(b) A purchaser under a sale under the deed of trust lien, if
322	322	one is given, is:
323	323	(1) the absolute owner of the property, facilities,
324	324	and rights purchased; and
325	325	(2) entitled to maintain and operate the property,
326	326	facilities, and rights.
327	327	Sec. 9601.206. DELEGATION OF AUTHORITY. (a) In connection
328	328	with the issuance of bonds, the board may:
329	329	(1) prescribe the maximum principal amount of bonds to
330	330	be issued and the maximum rate of interest the bonds may bear;
331	331	(2) recite the public purpose for which the bonds are
332	332	to be issued;
333	333	(3) delegate to any officer or employee of the
334	334	district the authority to effect the sale of the bonds; and
335	335	(4) determine the period during which the delegation
336	336	authority under Subdivision (3) may be exercised.
337	337	(b) In exercising the authority delegated by the board to an
338	338	officer or employee, the officer or employee may establish the
339	339	terms and details related to the issuance and sale of the bonds,
340	340	including:
341	341	(1) the form and designation of the bonds;
342	342	(2) the principal amount of the bonds and the amount of
343	343	the bonds to mature in each year;
344	344	(3) the dates, price, interest rates, interest payment
345	345	dates, principal payment dates, and redemption features of the
346	346	bonds;
347	347	(4) the execution of agreements determined by the
348	348	officer or employee to be necessary in connection with the issuance
349	349	of the bonds; and
350	350	(5) any other details relating to the issuance and
351	351	sale of the bonds as specified by the board in the proceedings
352	352	authorizing the issuance of the bonds.
353	353	(c) A finding or determination made by an officer or
354	354	employee acting under the authority delegated to the officer or
355	355	employee has the same force and effect as a finding or determination
356	356	made by the board.
357	357	Sec. 9601.207. TRUST INDENTURE. District bonds authorized
358	358	by this chapter, including refunding bonds, may be additionally
359	359	secured by a trust indenture. The trustee may be a bank with trust
360	360	powers that is located inside or outside the state.
361	361	Sec. 9601.208. CREDIT AGREEMENT. In connection with the
362	362	issuance of bonds under this chapter, the board may exercise the
363	363	authority granted to the governing body of an issuer with regard to
364	364	the execution and delivery of a credit agreement under Chapter
365	365	1371, Government Code.
366	366	Sec. 9601.209. CHARGES FOR DISTRICT SERVICES. If bonds
367	367	payable wholly from revenue are issued, the board shall set and
368	368	revise the rates, fees, and charges assessed for water sold, waste
369	369	collection and treatment services provided, and garbage collection
370	370	services provided by the district. The rates, fees, and charges
371	371	must be sufficient to:
372	372	(1) pay the expense of operating and maintaining the
373	373	district facilities that generate the revenue from which the bonds
374	374	may or will be paid;
375	375	(2) pay the principal of and interest on the bonds when
376	376	due; and
377	377	(3) maintain the reserve fund and other funds as
378	378	provided in the proceedings authorizing the issuance of bonds or
379	379	the trust indenture securing the bonds.
380	380	Sec. 9601.210. STATE PLEDGE REGARDING RIGHTS AND REMEDIES
381	381	OF BONDHOLDERS. Without depriving this state of its power to
382	382	regulate and control the rates, fees, and charges assessed for
383	383	water sold and waste collection and treatment services provided by
384	384	the district, the state pledges to and agrees with the holders of
385	385	district bonds that the state will not exercise its power to
386	386	regulate and control the rates, fees, and charges in any way that
387	387	would impair the rights or remedies of the holders of the bonds.
388	388	Sec. 9601.211. USE OF BOND PROCEEDS. In addition to the
389	389	permitted use of bond proceeds provided by general law, the
390	390	district may use proceeds from the sale of bonds:
391	391	(1) for the payment of interest on the bonds while the
392	392	project or facility is being acquired or constructed and for the
393	393	year after it is acquired or constructed;
394	394	(2) for the operation and maintenance of the project
395	395	or facility during the estimated period of acquisition or
396	396	construction of the project or facility and for one year after it is
397	397	acquired or constructed;
398	398	(3) for a debt service reserve fund;
399	399	(4) for other funds as may be provided in the
400	400	proceedings authorizing the issuance of bonds or in the trust
401	401	indenture securing the bonds;
402	402	(5) to pay any expense necessarily incurred in
403	403	accomplishing the purpose of the district, including any expense of
404	404	issuing and selling the bonds; and
405	405	(6) to pay any costs incurred under the terms of a
406	406	credit agreement.
407	407	Sec. 9601.212. ADDITIONAL AUTHORITY TO PROVIDE DEBT SERVICE
408	408	RESERVE. (a) The board may provide that in lieu of or in addition
409	409	to providing for the funding of a debt service reserve fund with
410	410	cash, a line or letter of credit or an insurance policy may be used
411	411	for the debt service reserve fund.
412	412	(b) Any agreement under which a line or letter of credit or
413	413	insurance policy is provided must be submitted to the attorney
414	414	general for examination and approval. After approval, the
415	415	agreement is incontestable in any court or other forum for any
416	416	reason and is a valid and binding obligation of the district in
417	417	accordance with its terms for all purposes.
418	418	Sec. 9601.213. REFUNDING BONDS. (a) The district may
419	419	issue refunding bonds to refund all or part of its outstanding bonds
420	420	issued under this chapter, including matured but unpaid interest
421	421	and obligations incurred under a credit agreement.
422	422	(b) Refunding bonds may be issued in the manner provided by
423	423	Chapter 1207, Government Code.
424	424	Sec. 9601.214. REMEDIES AND COVENANTS. The proceedings
425	425	authorizing the issuance of any bonds authorized under this
426	426	chapter, including refunding bonds, the execution of a trust
427	427	indenture securing the bonds, and the execution of a credit
428	428	agreement, may provide other remedies and covenants the board
429	429	considers necessary to issue the bonds on terms the board
430	430	determines to be most favorable to the district.
431	431	Sec. 9601.215. LIMITATION ON RIGHTS OF BONDHOLDERS. The
432	432	proceedings authorizing the issuance of bonds or the trust
433	433	indenture securing the bonds may limit or qualify the rights of the
434	434	holders of less than all of the outstanding bonds payable from the
435	435	same source to institute or prosecute litigation affecting the
436	436	district's property or income.
437	437	Sec. 9601.216. BONDS EXEMPT FROM TAXATION. Payments made
438	438	by the district in connection with the issuance of bonds, the
439	439	transfer of any bond, and the income from any bond, including
440	440	profits made on the sale of any bond, are exempt from taxation in
441	441	this state.
442	442	Sec. 9601.217. APPOINTMENT OF RECEIVER. (a) On default or
443	443	threatened default in the payment of the principal of or interest on
444	444	obligations incurred by the district in connection with the
445	445	issuance of bonds that are payable wholly or partly from revenue, a
446	446	court may, on petition of the holders of at least 25 percent of the
447	447	district's outstanding revenue bonds, or the party to a credit
448	448	agreement, appoint a receiver for the district.
449	449	(b) The receiver may collect and receive all district
450	450	revenue, employ and discharge district agents and employees, take
451	451	charge of money on hand, and manage the district's proprietary
452	452	affairs without the consent of or hindrance by the board.
453	453	(c) The receiver may be authorized to sell or contract for
454	454	the sale of water, the collection or treatment of waste, or the
455	455	provision of garbage collection or disposal services, or to renew
456	456	contracts with the approval of the court that appointed the
457	457	receiver.
458	458	(d) The court may vest the receiver with any other power or
459	459	duty the court finds necessary to protect the holders of the bonds
460	460	or the party to a credit agreement.
461	461	SECTION 2. (a) The legal notice of the intention to
462	462	introduce this Act, setting forth the general substance of this
463	463	Act, has been published as provided by law, and the notice and a
464	464	copy of this Act have been furnished to all persons, agencies,
465	465	officials, or entities to which they are required to be furnished
466	466	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
467	467	Government Code.
468	468	(b) The governor has submitted the notice and Act to the
469	469	Texas Commission on Environmental Quality.
470	470	(c) The Texas Commission on Environmental Quality has filed
471	471	its recommendations relating to this Act with the governor,
472	472	lieutenant governor, and speaker of the house of representatives
473	473	within the required time.
474	474	(d) All requirements of the constitution and laws of this
475	475	state and the rules and procedures of the legislature with respect
476	476	to the notice, introduction, and passage of this Act are fulfilled
477	477	and accomplished.
478	478	SECTION 3. This Act takes effect immediately if it receives
479	479	a vote of two-thirds of all the members elected to each house, as
480	480	provided by Section 39, Article III, Texas Constitution. If this
481	481	Act does not receive the vote necessary for immediate effect, this
482	482	Act takes effect September 1, 2009.
483	483	______________________________ ______________________________
484	484	President of the Senate Speaker of the House
485	485	I hereby certify that S.B. No. 1223 passed the Senate on
486	486	April 16, 2009, by the following vote: Yeas 31, Nays 0.
487	487	______________________________
488	488	Secretary of the Senate
489	489	I hereby certify that S.B. No. 1223 passed the House on
490	490	May 26, 2009, by the following vote: Yeas 143, Nays 0, one
491	491	present not voting.
492	492	______________________________
493	493	Chief Clerk of the House
494	494	Approved:
495	495	______________________________
496	496	Date
497	497	______________________________
498	498	Governor